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HomeMy WebLinkAbout08/20/1981REGULAR PLANNING COMMISSION MEETING COMMISSIONERS Place: City Council Chambers MINUTES Time: 7:30 p.m. : Date: August 20, 1981 9 g N City of Newport Beach ' LL CALL INDEX * X X X * Commissioner Allen and Commissioner Winburn were absent. Commissioner King was present at 7:40 p.m. * * * EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney * * * STAFF MEMBERS PRESENT: William Ward, Senior Planner Donald Webb, City Engineer Pamela Woods,�Secretary * * * M *on Approval of. the July 9, 1981, Planning Commission. A Ayes * X * X Minutes was'- - continued to September 10, 1981, for a full quorum. * * * Staff advised.the Commission of the following requested continuances: Item -Nos. 4 and 5 - Use Permit No. 2008 and Resubdivision No. 692 to be continued to September 10., 1981; Item No.. 6 - Use Permit No. 2010 to be continued ,to September 10, 1981; Item No. '9 - Use.Permit No. 2013 to be continued to September 10, 1981; and, Item No. 13 - Housing Element to-be continued to September 10, 1981. Commissioner Beek stated, that he is opposed to continuing the Housing Element. Motion X Motion was made to continue the above listed Ayes * X( X 11 items to September 10, 1981, which MOTION CARRIED Noes X . IIIIIIII LIP August 20, 1981 let■ Request to consider a Traffic Study fora pro- posed 28,000 sq. ft. ± marine related office/ retail commercial building. AND Request to permit the construction of a two story, 28,000 sq. ft. t marine office /retail commercial building and related parking spaces, located in the Mariner's Mile Specific Plan Area, and the acceptance of an Environmental Document. AND MINUTES Request to create one parcel of land for office/ retail commercial development where a portion of two lots presently exist. LOCATION: A portion of Lot G and M, Tract • No. 919, located at 3101 West Coast Highway on the southerly. side of West Coast Highway between Newport Boulevard and Riverside Avenue, in the Mariner's Mile . Specific ,Plan Area. ZONE: SP -5 APPLICANTS: Richard V: and Rosanne M. Valdes and M.V. Threinen, Irvine OWNER: Same as applicants. Agenda Item Nos. 1, 2 and 3 were heard concur- rently, due to their relationship. Planning Director Hewicker presented background information on these items and .explained the Recreational and Marine Commercial designation. He recommended that additional conditions be included for the height limits of the chimney, weathervane and flagpole. • 1!!11111 -2 INDEX It TRAFFIC STUDY AND Item #2 SITE PLAN REVIEW NO. 27 AND Item #3 RESUB- DI=ION NO. 688 ALL APPROVED CONDI- TIONALLY August 20, 1981 MINUTES g City of Newport Beach The public hearing opened in connection with these items and Mr. Bill Gearhardt, representing the applicants, appeared before the Commission. Mr. Gearhardt referred to condition of approval No. 10 of Resubdivision No. 688 and asked if a 10 foot average easement along the bay would be acceptable. Planning Director Hewicker stated that averaging . the width of the easement may present a problem. Chairman McLaughlin suggested that the staff work out a solution with the applicant. Mr. Gearhardt then referred to condition of approval No. 11 for Resubdivision No. 688 and asked where the sidewalk is to be constructed.. Planning Director Hewicker stated that the side- walk is to be constructed on the bulkhead level. Ms.. Dorothy Fulmer, designer of the project, appeared before.t -he Commission and discussed • the vertical access. Planning Director Hewicker stated that the vertical access must be designed in such a manner that the public does.not have to pass through the subterranean parking struc- ture in order to gain access to the bulkhead. In response to a question posed by_.Commissioner Balalis, Planning Director Hewicker explained the requirements for public access. He also stated that doors must not be utilized which would close off the access to the bay. In response to a question posed by the applicant,, Planning Director Hewicker suggested that the condition be worded so that the easement be 10 feet in width in which access shall be provided from the street to the bay. Commissioner Thomas stated that this access.must be a true public access, which is free and clear and not.within the structure itself.. Commis= sioner Balalis concurred. -3- is INDEX CALL Motion All Ayes E MISSIONERS August 20, 1981 MINUTES m 21 City of Newport Beach Mr. Gearhardt stated that they can redesign the building to accommodate a 10 foot easement. Commissioner Beek expressed his concern for marine related uses. He stated that he does not consider a marina, which is in the water, to be a marine related use of the dry land property. In response to a question posed by Commissioner Beek, Mr. Gearhardt stated that they will be providing 499 square feet of landscaping. In response to a question posed by Commissioner Beek, Planning Director Hewicker stated that the easement will be parallel to the bulkhead.and behind the bulkhead. Planning Director Hewicker stated that it is not necessary that the surfacing material for the sidewalk to be limited to concrete. Chairman McLaughlin concurred. Commissioner Beek stated that the grade of the ramp in the parkin.g structure appears to be quite steep. Mr. Gearhardt stated that each ramp will be only one -half of a flight, which is approximately a 10 percent grade. X Motion was made.to approve the Traffic Study * X X X X * with the following findings, which MOTION CARRIED: TRAFFIC STUDY FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with'Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -l: -4- INDEX mT C August 20, 1981 of. -. t MINUTES INDEX 2. The traffic during any 2.5 hour peak traffic period on each leg of each critical inter- section will be increased less than 1% by traffic generated from the project during that 2.5 hour period. Commissioner Beek stated that he is not satisfied with the marine related nature of this project. He stated that it will be a hardship for the applicant to find such uses and to enforce such uses on this project. Commissioner Thomas stated that the applicant understands that marine re- lated uses must be provided for this project. Motion X Motion was made for approval of Site Pl.an Review Ayes * X X X X * Nos 27 with the following findings and conditions Noes X and additional conditions as follows: 1) That the chimneys shall not exceed the height required by the Uniform Building Code; 2) That the weather- vanes be permitted to exceed the height limit and be in general conformance with the plans as • submitted; and 3) That the flagpole be restric- ted to a height of 50 feet above grade; which MOTION CARRIED as follows: SITE PLAN REVIEW NO. 27' FINDINGS: 1. The proposed development is a high - quality_ proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 2. The proposed development does not adversely affect the public benefits derived from the expenditures of public funds for improve- ment and beautification of street and public facilities within the area. 3. The proposed development meets the intent and purpose of the Mariners' Mile Specific Plan Area and further, as conditioned, con- forms substantiaTly with all applicable development standards as specified in • Chapter 20.62 of the Newport Beach Municipal Code. -5- - -- — — August 20, 1981 m City of Newport Beach MINUTES INDEX 4. The proposed development promotes the maintenance of superior site location characteristics adjoining major thorough - fares of City -wide importance. 5. Adequate parking spaces and related vehicular circulation will be provided in conjunction with the proposed development. 6. That based on the information contained in the Negative Declaration, the project in- corporates sufficient mitigation measures to reduce potentially- significant environ- mental effects, and that the project will not result in significant environmental impacts. CONDITIONS• 1. That development shall be in substantial conformance with the approved plot.plan, • floor plan, and elevations, except as noted below. 2. That the .height of the proposed structure shall be lowered to conform with the established height limit of 26' as measured from natural grade. 3. That the total, gross floor area shall not exceed .5X the Buildable Area (.27,523 sq. ft..) of the site. 4: That the proposed cashiers booth shall be relocated so as to provide sufficient stacking space for three vehicles. 5. That landscaping shall be installed in con= formance with Section 20..62.030 (D) of the Newport Beach Municipal Code. 6. That all conditions of Resubdivision No. 688 shall be fulfilled. 7. Handicap parking shall be adjacent to elevator, • 8.. There shall be a minimum of 7' -0" vertical clearance in all parking and ramp areas. -6- ,ANSSIONERS August 20, 1981 MINUTES 9 City of Newport Beach INDEX 9. The striping and signing of the. parking areas shall be subject to review and approval by the Traffic_ Engineer. 10. Parallel parking spaces adjacent to walls shall be a minimum of 10' -0" wide. 11. Design of driveway shall be subject to further review and approval of the Traffic Engineer. 12. Design of sign, landscaping and any walls shall be subject to approval by the Traffic Engineer. 13. The applicant must provide the Marine De- partment with proof of ownership of uplands adjacent to the Marina. 14 Applicant must comply with Sections 17, 18, • 19 of the Harbor Permit Policies and speci- fically, 22 slips require 16.5 parking spaces. 15. Applicant must be on notice that the new bulkhead was approved based on the pre- existing property use, and changes in this use may make the bulkhead as designed, inadequate. 16. That a minimum of one parking space for each 250 sq. ft. of gross floor area within the exterior walls of the structure shall be provided on the subject property. 17. That all mechanical e- quipment and trash areas shall be screened from adjoining property and from West Coast Highway. 18. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub - leases for space in the project and shall be included in any Covenants, Conditions, and Restrictions which may be recorded against the property. -7- August 20, 1981 Eon t Beach MINUTFS M ' R O L L CALL I I I I Jill I INDEX 7 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; 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 may 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 Air- port. lg,The project be designed to conform to Title 24I Paragraph G, Division T -20, Chapter 2, Sub- chapter 4. 20.Should any resources be uncovered during con - struction,that a qualified archaeologist or, palenotologist evaluate the site prior to completion of construction activities, and in accordance with City Policies K -6 & K -7: 21.Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using faci li tAes. 22.The final design of the project shall provide for the sorting of recyclable material from other solid waste. 11,1,The applicants shall provide for weekly vacuum sweeping of all paved parking areas and drives. UMS ONERS August 20, 1981 City of Newport Beach CALL MINUTUS INDEX 28. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 29. That a grading plan, if required, shall in- clude a complete plan for temporary and permanent drainage faciliites, to minimize any potential impacts from silt, debris, and other water pollutants. 30, The grading permit shall include, if re- quired, a description of haul routes, access points to the site and a watering and sweeping program designed to minimize impacts of hard operations. 31. An erosion and dust control plan, if re- quired shall be submitted and be subject to the approval of the Building Department. 32. That an erosion and siltation control plan, if required, shall be approved by the California Regional Water Quality Control Board - Santa Ana Region, and the plan: be submitted to said Board ten days prior to any construction activities. M 24. A landscape and irrigation plan for the project shall be prepared by a licensed architect. 25. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and approval of the Planning De- partment. furthermore, said landscape plans adjacent to the drive entrance shall be reviewed and approved by the Public Works Department for sight distance. 26. The landscape plan shall include a main - tenance program which controls the use of fertilizers and pesticides. 27. The landscape plan shall place heavy em- phasis on the use of drought - resistant native vegetation and be irrigated via a system designed to avoid surface runoff • and over - watering. 28. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 29. That a grading plan, if required, shall in- clude a complete plan for temporary and permanent drainage faciliites, to minimize any potential impacts from silt, debris, and other water pollutants. 30, The grading permit shall include, if re- quired, a description of haul routes, access points to the site and a watering and sweeping program designed to minimize impacts of hard operations. 31. An erosion and dust control plan, if re- quired shall be submitted and be subject to the approval of the Building Department. 32. That an erosion and siltation control plan, if required, shall be approved by the California Regional Water Quality Control Board - Santa Ana Region, and the plan: be submitted to said Board ten days prior to any construction activities. M COMMISSIONERS August 20, 1981 MINUTFS g� m City of Newport Beach LL CALL I INDEX 11 Motion All Ayes 33. The project shall be so designed to eliminate light and glare spillage on adjacent uses. 34. That provisions for weekly debris clean -up. around the slip area shall be made by the applicant. 35. That during construction, debris clean -up around and near the slip area shall occur daily. 36. That chimneys shall be permitted to exceed the basic height limit only to the extent required by the Uniform Building Code. 37. That the weathervanes shall be permitted to exceed the height limit and shall be in general conformance with the plans as submitted. 38. That the flagpole shall be restricted to a height not to exceed 50 feet above grade. X Motion was made for approval of Resubdivision No. X X 688,.as revised by staff, subject to the follow- I. i.ng findings and conditions, which MOTION CARRIED RESUBDIVISION NO. 688 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 prob 3. That with Plan • land the Iems the the and use proposed resubdivision presents no from a planning standpoint. proposed development is consistent Land Use Element of the General is compatible with surrounding S. -10- August 20, 1981 0 City of CONDITIONS: Beach That a Parcel Map be filed. 2. That all improvements be constructed as re- quired by ordinances and the Public Works Department. MINUTES 3. That the unused drive depressions on West Coast Highway be removed and replaced with curb, gutter and sidewalk; the existing non - standard sidewalk and curb along the West Coast Highway frontage be reconstructed; the existing telephone lines along the West Coast Highway frontage be undergrounded; and that all of these improvements be completed under an encroachment permit issued by the California Department of Transportation. • 4. That an engineering report on the existing bulkhead along the bay side of the pro- perty be made by a civil or structural engineer. The buikhead'shall be revised and /or upgraded as necessary in conformance with the recommendations of the report and to the satisfaction of the Building Depart- ment and the Marine Department, to allow . the construction of an underground parking structure adjacent to the bulkhead. The top of the bulkhead is to be at elevation 9.00 above M.L.L.W. (6.27 M.S.L.). 0 That a standard subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the public im- provements if it is desired to record the parcel map or obtain a building permit prior to completion of the public improvements. 6. That the internal vehicular and pedestrian circulation be subject to further review and approval by the Public Works Department. -11- INDEX August 20, 1981 on i'. A MINUTB INDEX 1.' That the landscaping plan provide sight distance for on the street and bicycles at the main entrance and a driveway. The plan shall the City Traffic Engineer. be designed to both vehicles on the sidewalk t the Rosan's be approved by 8. That the wall at the northeasterly corner of the project be designed so as to provide, sight distance for vehicles leaving the Rosan's driveway. The design.shall be approved by the City Traffic Engineer. 9. That no gates or obstructions be installed within 60 feet of the Coast. Highway curb that would require entering cars to stop. The location of the cashier's.booth as shown is too close to require entering vehicles to • stop.. 10. That a-10-foot wide easement be granted to the City along the bay frontage.so as to provide unobstructed public access across the entire project. Said easement shall be.improved with -a concrete walkway or other material meeting the approval of the Public Works and Planning Departments. 11. That a 10 -foot wide easement be granted to the City so as to provide unobstructed public access from the sidewalk on Coast Highway to the walkway on the bay. Said easement shall be located and improved in a manner meeting the approval of the Public Works and Planning Departments. August 20, 1981 M Beach MINUTES Request to permit the construction of a four unit residential condominium project and re- lated garage spaces in the R- 4.District. A modification to the Zoning Code is also requested inasmuch as the proposed development encroaches: a) 10 feet into the required 20 foot front yard setback on West Bay Avenue; b) 3 feet into the required 10 foot front yard setback along 19th Street; and c) I foot 6 inches into the required 4 foot side yard setback along Vilelle Place. AND Request to create one parcel of land for resi- dential condominium development where two lots now exist. LOCATION: Parcel 1 of Parcel Map 130 -20 -21 (Resubdivision No. 590) and a portion of Lot 1 of Block B Newport Tract located at 1824 Vilelle Place and 1821 West Bay Avenue on the northeasterly side of.19th Street and Vilelle Place on Balboa Peninsula ZONE: R -4 APPLICANT: Sweeney, Smith, Rossi, Eadington, Newport Beach OWNERS: Same as applicant. Staff advised that. the applicants have requested that these items be continued to the meeting of September 10, 1981. Motion Motion was made to continue these items to the Ayes X * meeting of September 10, 1981, which MOTION Noes X CARRIED. * * * -.13- • INDEX AND Item #5 RESUB- • Motion I Ayes Noes X X August 20, 1981 .611 9 MINUTFS Request to permit the temporary use of a modular building for a San Marino Savings and Loan Branch with a drive -up teller facility in the C -1 -H District. LOCATION: Lots 1 and 2 of Tract No. 1210, located at 300 West Coast Highway,. on the northwesterly corner of West Coast Highway and Dover Drive, across from Bayshores. ZONE: C -1 -H . APPLICANT: San Marino Savings and Loan Association OWNER: Leonard Horwin and Arnold J. Gordon; Beverly Hills Staff advised that the applicants have requested that this item be continued.to the meeting of September 10, 1981. Motion was made to continue this item to the meeting of September 10, 1981, which MOTION CARRIED. * * * Request for an extension of time in conjunction with the a.pproved Tentative Map of Tract No. 10019 that permitted the subdivision of 80.5'_+ acres into one lot for commercial development_, seven lots for industrial /office development and two lots for further subdivision into resi- dential lots. LOCATION:. A portion of Block 57, of located on p extension of Back Street, extension of • 11111111 -14- Lots 224, 442 and 444, Irvine's Subdivision, roperty bounded by the Bison Avenue, Camel Jamboree Road, the Eastbluff Drive add INDEX PERMIT Y August 20, 1981 1301111citv of MacArthur Community ZONE: P -C omen Boulevard, in. of North Ford. APPLICANT: The Irvine Company the Planned OWNER: Same as applicant ENGINEER: William G. Church.Consulting Civil Engineers, Inc., Newport Beach MINUTES The public hearing opened in connection with this item and Mr. Dave Dmohowski, representing The Irvine Company, appeared before the Commission and requested the extension of time. In response to a question posed by Commissioner Thomas, Mr. Dmohowski stated that due to current • economic conditions, the project has been delayed for a few months. Commissioner Beek asked-Mr.-Dmohowski if an extension for one year would be more appropriate. Mr. Dmohowski concurred. Motion X Motion was made for approval of a one -year All Ayes * X X X X extension for Tentative Map of Tract No. 10019 subject to all previous conditions of approval, which MOTION CARRIED. * * * Request to create two parcels of land for. resi- dential development where two lots and a portion of a third lot now exist. LOCATION: Lots 903, 904 and a portion of Lot 905, Tract No. 907, located at 309 Via Lido Soud, on the southwesterly side of Via Lido 5oud between Via Dijon and Via Eboli, on Lido Isle. • NlIIIIi -15- INDEX Item #8 RESUB- DIVISION . W 994 Continued o� p em- ber 10, 1981. COMMISSIONERS August 20, 1981 MINUTES City of Newport Beach LL CALL I I I INDEX ZONE: R -1 APPLICANT Church Engineering, Inc., Newport Beach OWNER: Howard W. Meister II, Newport Beach ENGINEER: Same as applicant The public hearing opened in connection with this item and Mr. Ruel del Castil.lo, representing Church Engineering, appeared before the Commis - sion.and requested approval of this application. In response to a question posed by Commissioner Beek, Planning Director Hewicker stated that this item will have to be continued to September. 10, 1981, in order to re- advertise in the public notice that this application will require.an exception to the lot size and lot width pro- visions of the Subdivision Ordinance. Mon X Motion was made to continue this item to Septem- All Ayes * X X X X ber 10, 1981, in order that it may be re- adver- tised properly, which MOTION CARRIED. * * * Request to.establish an automobile leasing Item #9 agency in the M' -1 -A District. USE PERMIT LOCATION: Lot 30 of Tract No. 3201, located NO. 2013 at 4360 Campus Drive on the easterly side of Campus Drive between Dove - Continued Street and Mackrthur.Boulevard. to Septem- ZONE: M -1 -A ber 10, APPLICANT:'. Ralph and Debbie Gray, Newport Beach 1981. OWNER: Commercial &.Industrial Enterprises, Inc., Costa Mesa Staff advised that the applicants have requested that this item be continued to the meeting of September 10, 1981. • 11111111 -16 Motion Ayes Noes • Motion All Ayes • * X X August 20, 1981 loll Beach Motion was made to continue this item to the meetingof September 10, 1981, which MOTION CARRIED. * * * Request to expand the existing Mesa Hotel facility in the C -1 District. The proposed development includes the addition of eleven , rental units and related parking spaces: LOCATION: Lots 19 and 20 of Tract No. 27 and an abandoned portion of North Newport Boulevard, located on the westerly side of North Newport Boulevard between Hospital Road and Bolsa Avenue in the "Old Newport Boulevard Area ". ZONE: C -1 APPLICANT: Swo -Lin Chai, Newport Beach OWNER: Same as applicant. The public hearing opened in connection with this item and Me. Swo -Lin Chai, the applicant, appeared before the Commission and requested approval of the use permit. Motion was made for approval of Use Permit No. X X * 2015, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That the proposed development is consistent with the.General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. -17- MINUTES INDEX Item #10 USE PERMIT NO- 2015 . APPROVED CONDI- TIONALLY August 20, 1981 on t Beach MINUTFS M LULL CALL INDEX 4. The approval of Use Permit No. 2015 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neigh borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all exterior lighting and signs shall be approved by the Planning Department. 3. That all mechanical equipment and trash . areas shall be screened from public streets and adjoining properties. 4. That the 2 lots be resubdivided into one building site and a parcel map be filed.. 5. That all improvements be constructed as re- quired by ordinance and the Public Works Department. 6. That a standard use permit agreement and accompanying surety be provided to guaran- tee the satisfactory completion of public improvements, if it is desired to obtain a building permit prior to completing the public improvements. 7. That the street improvements (curb, gutter, full width sidewalk, pavement, retaining wall and all appurtenances) be constructed along the North Newport Boulevard frontage and that the street improvements be.shown on standard plans prepared by a licensed civil engineer. • IIIIIIII ._ me August 20, 1981 ren MINUTES INDEX fv That the sewer service be installed per Costa Mesa Sanitary District standards. That the vehicular and pedestrian circula- tion be subject to further review and approval of the Public Works Department. 10. That the existing monument sign at the North Newport Boulevard entrance be re- located, if it is determined by the Traffic Engineer that sight distance is impaired. Planning Director Hewic.ker stated that the Balboa Island Improvement Association has.requested that this item be postponed until the middle of September. The public hearing opened in connection with this item and Mr. John Peterson, the.owner, appeared before the Commission. Mr. Peterson questioned that this use would be inconsistent with the Local Coastal Plan. . • 11!11111 -19- Request to remodel and expand an existing,. non - Item #11 conforming duplex in the C -1 District. The • proposed development also includes the construc- tion of a cupola that exceeds the height limit in the 26/35 Foot Height Limitation District. LOCATION: Lot 25, Block 9, Section l of the USE PERMIT N0. 2016 Balboa Island Tract, located at 124 Agate Avenue, between Park. Continued to Septem- Avenue and South Bay Front, on Balboa Island, ber 10, 1981 ZONE: C -1 APPLICANT: Julie and John Peterson, Balboa Island OWNER: Same as applicant. Planning Director Hewic.ker stated that the Balboa Island Improvement Association has.requested that this item be postponed until the middle of September. The public hearing opened in connection with this item and Mr. John Peterson, the.owner, appeared before the Commission. Mr. Peterson questioned that this use would be inconsistent with the Local Coastal Plan. . • 11!11111 -19- ONSSONERS August 20, 1981 Citv of Newport Beach MINUTES Planning Director Hewicker discussed the General. Plan and explained the zoning district in which this property is located. Commissioner Beek stated that Balboa Island needs a certain amount of commercial services. How- ever, he stated that the zone established for commercial services in this area may be too large at this time. Mr. Peterson analyzed the present uses on the street i.n question. He stated that there is not a strong demand for commercial uses on Agate Avenue. He stated that. some of the commercial space has been vacant for a year. He also stated that parking is not available in this area for commercial uses because of the ferry. line. Commissioner Beek asked Mr. Peterson if he would like to rezone his property for strictly resi- dential use. Mr. Peterson stated that this would be acceptable. In response to a question posed by Commissioner Beek, Mr. Peterson stated that his direct neighbors have all indicated their approval for this project. Commissioner Balalis stated that parcel to residential will create He stated that the Commission has a village -type atmosphere in this would include some commercial and uses. rezoning the spot zoning. been advocatin area, which residential Commissioner Thomas expressed his concern with the cars and parking for commercial uses in this area. He stated that he would like to have the input from the Balboa Island Improvement Asso- ciation before making a final decision. Commis- sioner King concurred. -20- INDEX August 20, 1981 M1 Beach MINUTES Ms. Willa Nicols, owner of 122 Agate Avenue, stated that she has no. objections to this proposal. Motion X Motion was made to.continue this item to Septem- All Ayes * X X X X * ber 10, 1981, in order to contact the Balboa Island Improvement Association for their comments, which MOTION CARRIED. * * * Request to permit alterations and additions to an existing single family residence that is non- conforming in that the existing structure encroaches to within l' -6" of the south side property line. and to within 2' =6" of the north property line where the Code requires 3' side yard setbacks. The proposed garage encroaches 1' -8" into the required 5' rear setback and the second floor addition encroaches 2' -2" into the required 2' -6" rear setback for second • floor development on the 70 foot deep lot. LOCATION: Lot 48,. Block C of Newport Bay Tract, located at 322 Alvarado Place on the easterly side of Alvarado Place, between East Bay Avenue and Edgewater Avenue, on. the Balboa Peninsula. ZONE: R -3 APPLICANT: Archi + Tekton, Inc.,.Newport Beach OWNER: Mr. & Mrs. Richard Smith, Newport Beach The public hearing opened in connection with this item and Mr. Richard Smith, the applicant, appeared before the Commission and presented background information on this item. Mr. Smith stated that the requirement for the parapets above the roof line is aesthetically troublesome. He suggested that a fire retardant roof would.be more acceptable. • 11111111 -21- INDEX APP cMISSIONERS August 2 0, 1981 MINUTES m CIO 19 City P of Newport Beach INDEX Mr. Smith stated that he is also requesting to overhang on the sideyard. He stated that he would like some design flexibility in maximizing the area for the second story.. Planning Director Hewicker stated that if the modification is to be.granted, it can only be granted for those encroachments.listed in the application and shown on the drawing submitted. He stated that in the event the modification is granted, it will also have to.-meet the require- ments of the Uniform Building Code. Mr. Smith discussed the side yards as proposed. He requested that the existing side yards for the main structure be retained and that he be allowed to encroach the modest amounts into the rear yard setbacks as shown on the plan. Chairman McLaughlin asked Mr. Smith if he would • prefer to continue this item in order that he may have more time to prepare a precise plan. Mr. Smith stated that he would prefer for this item to be heard. He also stated that the lower level boundaries will remain the same. Planning Director Hewicker suggested that the Commission may want to include a condition that the applicant would be allowed to encroach to the required setback on the southerly side property line and to within 2 1/2 feet of the alley on the rear. Planning Director Hewicker also discussed the requirement of the parapets. In response to a question posed by Commissioner Thomas:, Mr. Smith stated that he is prepared to accept the.requirements ' of the Uniform Building Code, although he does not. believe that he is adding more than 50t in square footage or value. He stated that this requirement is unrealistic for .improvements -that were.built in 1920. In response to a question posed by Commissioner Thomas, Mr. Smith stated that the structure has a foundation. -22- August 20, 1981 MINUTES City of Newport Beach INDEX Commissioner Balalis stated that this proposal appears to be a major remodel -by prolonging the life of the structure through the encroach- ments. He explained to Mr. Smith the procedure for the encroachments and the requirements that will have to be met. Commissioner Beek expressed his concern that the staircase be interior with no outside access. Also, that the setbacks.on the alley be widened out to 1' 78 ". Mr. Smith stated that a shorter garage would be acceptable. In response to a question posed by Commissioner King, Mr. Webb, City Engineer, stated that the' Building Department will require that the lot corners be installed before the inspectors arrive. I . Motion X Motion was made to continue this item to Septem- ber 10, 1981, in order for the applicant to redesign the garage and easements. Motion Y Substitute Motion was made to approve Modifica.- Ayes * X * tion No. 2633 (Revised) with the findings and Noes X X conditions of the staff report and the additional conditions that the required 5 foot al.ley set- . back be observed and that all fire regulations be.adhered to, which MOTION CARRIED as follows: FINDINGS: 1._ That the proposed and existing yard en- croachments represent a logical use of the property that would be precluded under the normal zoning requirements of the district. 2. That the proposed addition and remodeling, as designed, will not be detrimental to the health, safety, peace, comfort and general welfare of such 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 -23- CALL • Motion Ayes Noes • X August 20, 1981 of Newport Beach MINUTES general welfare of the City and further that the proposed and existing yard encroachments are consistent with the legislative intent of Title 20 of this Code. CONDITIONS: 1. That development shall be in substantial con= formance with the approved plot plan, floor plans, and elevations, except as noted in Condition 2 and 3. 2. That all new construction shall conform to the required setbacks. The depth of the garage may be reduced up to V -8'" ±.in order to observe the required 5 foot alley setback. 3. That the existing structure and all new construction shall conform with all appli- cable Building, Plumbing and Electrical Codes All exterior walls closer than 3 feet to a property line shall be converted to one hour construction, all openings shall be removed and otherwise made to conform with the requirements of the Uniform Building Code including required parapets. Proposed revisions to the Housing Element of the Newport Beach General Plan. INITIATED BY: City of Newport Beach Staff advised that this item be continued. Com- missioner Beek stated that he is opposed to continuing the Housing Element. Motion was made to continue. the Housing Element to September 10, 1981, which MOTION CARRIED. -24- Item August 20, 1981 71 Beach ADDITIONAL BUSINESS Motion I t1X111J1Motion was made.for an excused absence for All Ayes X X X * Commissioner Balalis from the Planning Commis- sion Meeting of September 10, 1981, which MOTION CARRIED. * * * Chairman McLaughlin reminded the Commission of. the September 10, 1981 Study Session, which will begin at 4:30 p.m. * * * There being no further business, the Planning Commission adjourned at 9:25.p.m. Joan Winburn, Secretary Planning.Commission City of Newport Beach -25 MINUTFS INDEX ADDITIONAL ' BUSINESS