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HomeMy WebLinkAbout09/04/1980,M Present Absent i Motion Ayes Absent 0 REGULAR PLANNING COMMISSION MEETING WISSIONERS Place: City Council Chambers MINUTES Time 7:30 p.m. Date: September 4, 1980 City of Newport Beach INIXX XIX Commissioner Allen was absent. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director. Robert Burnham, Assistant City Attorney * * * STAFF MEMBERS PRESENT: I William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Robert Lenard, Advance Planning Administrator Patricia Temple, Senior Planner Donald Webb, Assistant City Engineer Pamela Woods, Secretary * ** Staff advised that the minutes of the Planning Commission meetings of July 24th, August 7th, and August 21st have not yet been completed.. There- fore, approval of.the subject minutes was con- tinued to the Planning Commission Meeting of September 18, 1980. * * * Staff advised that Agenda Item No. 1, request for Variance No. 1076, be withdrawn, as per the appli- cant's request. The Commission concurred. * * * was made to continue Item No. 18, Amendmen X IXI flI.Motion No. 548, to the regular Planning Commission * Meeting on September 18, 1980. * * * BE 1MISSIONERS September 4, 1980 MINUTES City of Newaort Beach Request to permit the conversion of an existing Item #2 apartment complex into a condominium project to be leased on a weekly, time - sharing basis. USE PERM . 1946 LOCATION: Lots 5, 6 and 7 of Block 115, Tract 234, located at 1510 W. Balboa Boule- NOT bard, on the northerly side of Balboa DROVED Boulevard, westerly of Fifteenth TIE VOTE Street on the Balboa Peninsula. ZONE: R -3 APPLICANT: 1510 Balboa Limited OWNER:. Southern Pacific Development Company ENGINEER: Walden and Associates, Santa Ana • I i I I I I I I AND I ,, -2- Request to reduce the parking requirement for Item #1 retail and office use in Lido Marina Village, located in the C -1 -H District. VARIANCE N0. 1076 LOCATION: A portion, of Lot 2, Tract No. 1117, Lot 1, of Tract 1235; Lots 1126, WI WI WITHDRAWN 1124, 1123, 1122; and 1121 of Tract THE No. 907; Lots 16, 17, 18, 19, 20, PPLICANT 21, 22, 23, and 24 of Tract 1622. Generally located northerly of Via Lido, north and south of Via Oporto and east of Central Avenue, ZONE: C =1 -H APPLICANT: Robert Inch, Lido Marina Village, Newport Beach OWNER: Lido Marina Village, Ltd., Newport Beach • At the request of the applicant, this request for Variance No. 1076 was withdrawn. Request to permit the conversion of an existing Item #2 apartment complex into a condominium project to be leased on a weekly, time - sharing basis. USE PERM . 1946 LOCATION: Lots 5, 6 and 7 of Block 115, Tract 234, located at 1510 W. Balboa Boule- NOT bard, on the northerly side of Balboa DROVED Boulevard, westerly of Fifteenth TIE VOTE Street on the Balboa Peninsula. ZONE: R -3 APPLICANT: 1510 Balboa Limited OWNER:. Southern Pacific Development Company ENGINEER: Walden and Associates, Santa Ana • I i I I I I I I AND I ,, -2- COMMISSIONERS1 . September 4, 1980 CEO City of Newport Beach Request to establish one parcel of land where. three lots now exist so as to permit the conver- sion of an apartment complex into a resid.ential condominium project. LOCATION: Lots 5,:6 and 7 of Block 115, Tract 234, located at 1510 West Balboa Boulevard, on the northerly side of Balboa Boulevard, westerly of Fifteenth Street on the Balboa Peninsula. ZONE: R -3 MINUTES INDEX APPLICANT: 1510 Balboa Limited OWNER: Southern Pacific Development Company. ENGINEER: Walden &,Associates, Santa Ana • Agenda Items No. 2 and 3.were heard.concurrently due to their relationship. Planning Director Hewicker advised that in the . event the request for the use permit is approved, an additional finding.as set forth in the Condo- minium Conversion Chapter.of the Municipal Code would be necessary as follows: The project will minimize the affect.on the dwelling unit vacancy . rate and otherwise substantially comply with.the intent of the Chapter; or, a finding of evidence would have .to:be submitted that two - thirds of the existing tenants have voted to recommend approval of the conversion. The Continued Publi.c.Hearing resumed in connec- tion with these items and Mr: Dick Hogan, repre- senting the applicant, appeared before the Commission. Mr. Hogan distributed to the Commis- sion an information sheet on the time- sharing condominium concept.and its advantages to both the buyer and the.City. He stated that the intent is to turn rental units into owner units.. This. now gives people the opportunity to buy a vacation unit in Newport Beach. He also stated that this • is of substantial benefit to the City, because owners have more concern for the care and main tenance of their residences. 11 I 1 I I 1 -3- ITEM #3 RESUB- DIVISION NO. 664 APPROVED C NDI- TIONALLY COMMISSIONERS September 4, 1980 City of Newport Beach MINUTES Mr. Hogan discussed the history of this particular development. He stated that in April the property was appraised and the rental costs to the owner Were increased from $1,024 to $24,000 per year. The owners of the property had no alternative but to pass this cost on to the existing tenants. At this time the monthly rental fee of $475 was raised to $600 per month. Also, the tenants were informed that a summer rental program would have to be instituted to keep up with the cost of the property. The owners at this point were forced to put the property on the market Mr. Spangler, the architect, came to the present owners with the idea of the condominium conversion on the time sharing plan. Mr. Hogan stated that this is a relatively new concept which would enable the City to institute another kind of housing available. this time, Mr. Hogan requested additional Motion X speaking time in order to present more information Ayes JXJJXJXJJXJJAt X Motion was made to allow Mr. Hogan additional AI•nt * speaking.time, which motion carried. Mr. Hogan stated that this project creates a very minimal affect 'on the vacancy rate in Newport Beach. He added that this project, consisting of nine units, would raise the vacancy rate seven - hundredths of one percent of the total number of dwelling units in the City. Mr. Hogan stated that there are no permanent tenants at this time, other than the manager, but that three tenants are summer rental tenants. The property owner has asked each of the summer rental tenants if they agree to this conversion. Mr. Hogan .showed the Commission written support for the conversion from the three summer rental. tenants. Commissioner Balalis commented that the original Ordinance did not address the issue of time shari.ng. Commissioner Balalis asked Mr. Hogan if the owners will be selling 50 weeks per unit. Mr. Hogan stated that this was correct, or 450 weeks total in this project. He stated that two weeks out of the year would be reserved for main- tenance and renovation. Mr. Hogan also stated S= AMISSIONERS September 4, 1980, City Of Newport Beach MINUTES that the property owners in each of the units would have.the option of either renting the unit,. trading with another bwner.at another location, trading with another owner of the same unit for -a different time.period, or selling the unit. Commissioner Thomas asked Mr.. Hogan to explain what happened to the other occupants of the units.. Mr..Hogan stated that.at the time the raise in rent was made, the tenants were informed that they could remain in the units at the higher rental cost for a period of six months, at which time the summer rental program would have to go into effect. He stated that these occup.ants dediced not to stay at the higher rental cost. Mr..Hogan stated that this development is in com- pliance with Item.No. 2, a and b, as found on Page 6 of the.staff report in'tha.t the project has a minimal effect on the dwelling unit vacancy rate, and two- thirds.of the existing tenants have • voted to recommend.approval of .the conversion. Mr. Hogan added.that in.this case, the.idea_ of displacement of regular occupants does not exist. Mr. Dwight Griffith, attorney for the developer, appeared before the Commission. Mr. Griffith stated that the staff report seems to suggest that the tenants were requested to leave in order to comply with the statute. He stated that as Mr. Hogan has pointed out, Southern Pacific Develop- went Co. came in last spring and .raised the ground lease payments substantially. The li.mited part- nership at that time was taking a loss on the property, so in order to hold onto the property,. the rent had to be raised on the month -to -month tenants. In fact, the tenants were informed that the .rent would not be raised for an additional six months, plus a bonus month,. but the tenants, still opted to leave. As time went on, the applicant decided to go with the short term sum- mer rental program. The units are not full with short term summer renters because it was organized last in the season and the units are not furnished _5_ COMMISSIONERS September 4, 1980 MINUTES � a City of Newport Beach ROLL CALL r7l I I I I INDEX Commissioner Beek asked if the applicant owns the Property or has it on a long term lease.. Mr. Griffith stated that it is on a long term lease. Commissioner Beek stated that the condominium con version will be selling people interest in the long term lease, rather *,than selling property. .Commissioner Beek stated that it is not clear to him how this fits in with the Condominium Ordi- nance which involves ownership of the unit rather than ownership of .a lease. Mr. Griffith stated tha -t in many condominiums; by definition of their Declaration.of Convenants, Conditions, Restric- tions, have a finite period put in notwithstand- ing that they may own the land. Having a lease hol.d is not that unusual. Chairman Haidinger stated that the land would be lease held, but the owners would have an undivided interest in . the building. Commissioner Beek also stated that they would not own the space, as. is the usual cas in condominiums. • Mr. Burnham, Assistant City Attorney, stated that there is usually`a finite date in an instrument establishing condominiums as pointed out by Mr. Griffith. Mr. Burnham also stated that Commis - sioner Beek was correct in that they will not own the space. 0 Planning Director Hewicker stated that the.staff report was carefully worded not to accuse anyone of circumventing the provisions of the Code. He stated that the staff report attempts to paint out the circumstances which can occur, causing the rental housing stock in the City to dwindle. Planning Director Hewicker stated that perhaps the dwelling unit vacancy rate should be measured in terms of the vacant units surveyed, which would bring.the percentage up to 3 percent, rather than the percentage rate stated by Mr. Hogan of seven- hundredths of a percent of the total rental units. Mr. Hogan stated that the figures he quoted to the Commission were given to him by Mr. Craig Bluell of the staff. He added that 41.75 percent of dwelling units in the City are rental units. COMMISSICINERSI September 4, 1980 City of Newport Beach MINUTES INDEX Commissioner Balalis asked Mr. Burnham if the findings for approval in the staff report can justify approval of this project, simply because the Ordinance does.not apply to time sharing. . Mr. Burnham stated that a court decision in May of this year, held that time share structures are condominium types of ownership. This deci- sion.would cause time share ownership structures to be included 'within our- Condominium.Conversion Ordinance. 2. The establishment, maintenance or operation of the use or building applied for.sh.all, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and be detrimental or.in- jurious to property and improvements in the neighborhood and the general welfare of the . City; inasmuch as the project will decrease the rental housing in the City. 3. The applicant has not proposed special con - siderations for fixed - income elderly tenants • and handicapped persons in the way of ex- tended notice of conversion intent, relocatio assistance, or other means. -7- Commissioner Beek stated that he would like to see this application continued-to another meeting in order to further study the time sharing con- cept. Commissioner Cokas stated that he felt the cri- teria of the Condominium.Conv.ersion Ordinance has been met on this project. M X Motion was made'that the Planning Commission deny *on A X X X Use Permit No. 1946 -with the foalowing findings, Noes X Y X which.MOTION.FAILED3 . Absent * FINDINGS: 1. The project does not comply with all appli- cable standard plans and specifications, adopted City and State "building codes, and zoning requirements for new buildings appli- cable to the district in which the proposed project is located at the time of approval. 2. The establishment, maintenance or operation of the use or building applied for.sh.all, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and be detrimental or.in- jurious to property and improvements in the neighborhood and the general welfare of the . City; inasmuch as the project will decrease the rental housing in the City. 3. The applicant has not proposed special con - siderations for fixed - income elderly tenants • and handicapped persons in the way of ex- tended notice of conversion intent, relocatio assistance, or other means. -7- COMMISSIONERS1 September 4, 1980 MINUTES Z1 Beach INDEX 4. A minimum of thirty percent (30 %) of the existing tenants have not expressed written interest in exercising their option to pur- chase a converted unit within the project at the price offered. 5. The rental dwelling unit vacancy rate in the City at the time of the public hearing is less than five percent (5 %). 6. Evidence has not been submitted that two - thirds,(2 /3) of the existing tenants have voted to recommend approval of the conversion. 7. The project does.not substantially comply with the intent of the Condominium Conversion Ordinance. Furthermore the approval of this application will set a precedent for other similar proposals to.circumvent the Ordinance. Chairman Haidinger asked Mr. Hogan if he would like this case continued to- another meeting, a.s Commissioner Beek had earlier suggested. Mr. Hogan stated that they would like.the Commission to take action of this matter tonight, sous to proceed to the City Council. Motion X Motion was made that the Planning Commission Ayes X X X approve Use Permit No. 1946 with the following Noes X X findings and conditions, which MOTIOM.FAILED: Absent FINDINGS: 1. That the project will.not have any signifi- cant environmental impact. 2. The project is consistent with the adopted goals and policies of the General Plan. 3. That.adequate on -site parking spaces are available for the proposed residential con- dominium development. 4. The project complies with all applicable standard plans and zoning requirements for • new buildings applicable to the district in _ g_. r Is September 4, 1980 MINUTES of. Newport Beach R O L L CALL 1 1 1 1 1 1 1 1 1 INDEX which the proposed project is located at the time of approval, except for an existing minor encroachment into.a side yard setback that was approved in conjunction with the approval of Variance No. 534. 5. The project lot size conforms to the Zoning Co area requirements in effect at the time of app 6. The establishment, maintenance or operation of the use or building applied for will not, unde the circumstances of the particular case, be detrimental to the health, safety,:peace, com- fort and general welfare of persons residing or working in the neighborhood of such propose use or be detrimental or injurious to p.roperty and improvements in the neighborhood or the general welfare of the City. 7. The project will minimize the effect on dwelli unit vacancy rate, and otherwise substantially comply with the intent of this Chapter in.that the units to be converted constitute only .07 .. percent of the City's stock of rental housing. CONDITIONS: 1. That development shall be in substantial con- formance with the approved plot plan, floor plans and elevations. Said approval includes the reduction of dwelling units from eleven . units to nine units on the site. 2. That prior to offering the individual units for sale, all corrections to the structure required by the Building Department shall be met. 11. That the approval of Use T ermi;t No. 1946.shall be contingent on the approval of.Resubdivision. No. 664. . Motion X Motion was made that the Planning Commission Ayes X X X XX approve Resubdivision No. 664 with the following Noes X findings and conditions, which MOTION CARRIED: Absent * 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. ME e val g' 1MISSIONERS September 4, 1.980 City of Newport Beach That the proposed resubdivision. presents no problems from a planning standpoint. MINUTES 3. That the buildings to be converted, on the date of conversion, will be.in basic com- pliance with the building, planning, zoning, licensing, and any other laws applicable to new condominium construction. 4e That each of the tenants of the proposed con - dominium will be g:iven`120 days written notice of intention to convert prior to term= ination of tenancy due to the tproposed con- version. 5. That each of the tenants of the proposed con - dominium will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more • favorable to the tenant. CONDITIONS: 1. That 'a parcel map be filed. 2. That each tenant of the proposed condominium shall be given 120 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. 3. That each of the tenants of the proposed condominium shall be given written notice of an exclusive right to contract for the pur- chase of their respective units upon the same terms and conditions that such units will be initially offered to_the general public or terms more favorable to the tenant. A request to amend a. previously approved use per- mit that allowed the construction of a two- story, single family dwelling and related parking spaces to the rear of an existing commercial shop in the • C -2 District, so as to allow the conversion of three covered parking spaces into commercial -10- Item #4 USE PERMI mended). DENIED ROLL CALL September 4, 1980 on floor area and the acceptance of an off -site parking agreement for a portion of the required parking spaces. MINUTES LOCATION: Lot 17, Block 331 of the Lancaster's Addition, located at 428 31st. Street, between Villa Way and Newport Boule- vard in Cannery Village. ZONE: C -2 APPLICANT: Mamie Van Doren, Newport Beach OWNER: Same as Applicant INDEX INITIATED BY: City of .Newport Beach OWNER: Same as Applicant Agenda Items No. 4 and 5 were heard concurrently due to .their relationship. The public hearing was opened in connection with. these items and Mamie Van Doren, Applicant, ap- peared before the Commission and requested that favorable action be taken on these items. -11- AND Request to consider the revocation of Use Permit No. 1872 which permitted the construction of a Item #5 two -story single family dwelling and related two- . car garage to the rear of an existing commercial shop in the C -2 District. The.approved develop -. ment also included a modification to the Zoning Code that permitted a portion of the required USE PERMI Nom/ — Revocatio parking spaces to be tandem spaces. CONTINUED LOCATION: Lot 17, Block 331 of the Lancaster's TO OCTOBE Addition, located at 428 31st Street, between Villa Way and Newport Boule-. T, 1980 vard in Cannery Village. ZONE: C -2 APPLICANT: Mamie Van Doren, Newport Beach INITIATED BY: City of .Newport Beach OWNER: Same as Applicant Agenda Items No. 4 and 5 were heard concurrently due to .their relationship. The public hearing was opened in connection with. these items and Mamie Van Doren, Applicant, ap- peared before the Commission and requested that favorable action be taken on these items. -11- September 4, 1980 MINUTES City of Newport Beach INDEX Mr. Hugo Schmidt, owner of property at 421 31st Street, stated that the requests being considered are all after the fact. The three spaces have already been converted in violation of the ori- ginal permit. He stated that he also objects to the off -site parking request because this will be detrimental to the safety, comfort and welfare of the local merchants and their customers. Mr. Schmidt added that the site elimination of five of the applicant's.now required seven parking spaces will only-compound an already existing- problem in this neighborhood and Newport Beach. Commissioner Beek stated that the request is not to eliminate parking spaces, but to approve off- . site parking. Mr: Schmidt stated that parking is at a premium in this neighborhood. He stated that store customers do not park down the street; they park right up at the front door. The five parking spaces that are being offered for Ms.. Van Doren's .use sho.uld -have to be controlled in some- way to guarantee her the .spaces. He added that the other parking spaces on Ms.Van Doren's lot hav been eliminated for commercial use. Commissioner Balalis asked Mr. Schmidt if he had an alley behind his property. Mr.. Schmidt stated that he did and that people use the alley to park once they know about it and when the street i.s full. Motion Motion was made prove Use Permit the findings and staff report. that the Planning Commission ap- No. 1872 (Amended) subject to conditions of Exhibit "A" of the Commissioner Thomas stated that on -site parking should be maintained in impacted areas such as this. .Chairman Haidinger concurred and stated that he felt that the off -site parking spaces may not be used for this property. He also stated that he will be requesting later. in the - meeting . some new guidelines for in -lieu fees and.off -site parking. • I I I I I I I I =- Aye's Noes Absent COMMISSIONERS1 September 4; 1980 City t Beach i v c� Newpor h MINUTES Commissioner Balalis stated that he is-not con- doning what has happened here, but it is his belief that people do not use the parking spaces off the alley, as we are now requiring. He state that they should make some changes to have commun ity parking lots.or provide parking in the front. Mr. Thomas Dixon,, the applicant's husband, ap- peared before the Commission. Mr. Dixon stated that they do not feel there is any loss in terms of the commercial parking because two of the spaces were for residential parking. Secondly, he objected to parking in the alley because of an incident that happened to him on May 11th, wherein he was mugged and beaten in the alley. JXJJXJ*JMotion by Commissioner Balalis was then voted on, X which MOTION FAILED. Planning Director Hewicker stated that a motion for denial of the amendment to the use permit should make a finding as to the usability of.the proposed off -site parking area. In the event the Commission decides to revoke the use permit, findings should be made for non-compliance with conditions of approval. Motion was made that the Planning Commission deny Use Permit No. 1872 with the following findings: FINDINGS: Motion X 1. There is a parking deficiency in Cannery Village. Therefore, all of the parking spaces originally required for the approved residential- commercial complex should be maintained and remain - .access -i -ble and usable for t4aAr intended use. 11 2. The off street parking spaces for the expanded commercial floor area on the separate lot from the building site are not justifiable in this particular case for the following reasons: 111111111111131K10 COMMISSIONERS s September 4, 1980. MINUTES - City of Newport Beach ROLL CALL INDEX a) The offsite lot is so located that it may not be readily available and identifiable as to be useful in conjunction with the proposed use in that it_is across the street and down the block from the existing building. b) The offsite lot may not.be used by customers of the subject commercial building.inasmuch as a portion of the parking spaces would only be accessible from the alley at the rear of the site. 3. The approval of Use Permit No. 1872 (Amended) will, under the circumstances of this case be detrimental to the health, safety, peace, morals., comfort and general welfare of • persons residing and working in the neigh- borhood and be.detrimenta9 or injurious to property or improvements in the neighborhood and the general welfare of the City. Commissioner Balalis asked .legal counsel to explain the outcome of this use permit if this case is denied. Mr. Burnham stated that perhaps the best course of action would-be to deny the amendment and to set up a meeting with the applicant, Planning Department and the City Attorney's Office to then meet the conditions of the existing use permit. If no compliance can be agreed upon, then possibly a court action would be in order requiring the maintenance of the.gara.ge spaces by the applicant. Ayes X X X X Motion by.Commissioner McLaughlin was then Noes. X voted on, which MOTION CARRIED. Absent -14- September 4, 1980 m Beach MINUTES INDEX Motion X Motion was made that the Planning Commission con - Ayes X X X X X tinue Use Permit No. 1872 (Revocation) to October Absent * 9, 1980, which MOTION CARRIED. Request to amend a previously approved use permit Item #6 that permitted a California Federal Savings and Loan facility in the P -C District on a temporary USE PERMI basis. Said amendment is to consider certain N0�4 changes in the-on-site circulation system, and (AMENDED) reconsideration of conditions of approval effected APPROVED by such changes. CONDI- LOCATION: A portion of Block 93 of Irvine's TIONALLY Subdivision located on the northerly side of East Coast Highway westerly of MacArthur Boulevard. ZONE: P -C APPLICANT: California Federal Savings and Loan, Los Angeles OWNER: The Irvine Company, Newport Beach AND Request to amend a previously approved use permit Item #7 that permitted a Newport Harbour National Bank facility and related drive -up teller units in the USE PERMIT P -C District on a temporary basis. Said amendment NT. 1929 is for the purpose of considering certain changes (AMENDED.) in the on -site circulation system and the reconsi- APPROVED deration of conditions of approval effected by CONDI- such changes. TI N_LLY LOCATION: A portion.of Block 92 of the Irvine's Subdivision located on the north - westerly corner of East Coast Highway and MacArthur Boulevard. ZONE: P -C APPLICANT: Newport Harbour National Bank, . Newport Beach OWNER: The Irvine Company, Newport Beach -15- September 4, 1980 iI I I C L1 City of NewDort Beach MINUTES R O L L CALL 1 1 1 1 1 1 1 1 1 INDEX Agenda Items No. 6 and 7 were heard concurrently because of their relationship. Commissioner Balalis stated that he is excusing himself from the discussion on these two items. The public hearing was opened. in connection with these items and Mr. Dick Hogan, representing the applicants, appeared before the Commission and stated that they are in agreement with all of the.conditions of the staff report, except Con- dition No. 28 of Exhibit B.For Use Permit No. 1929. He stated that this Condition may be an oversite from the previous application. Mr. Don Webb, Assistant City: Engineer stated that Mr. Hogan was correct and that this should be deleted Commissioner Thomas asked for clarification of the deletion of this action. Mr. Webb stated that the driveway relocation is not necessary now that • the Old Bank of Newport is going to be torn down. Commissioner Thomas stated.that our conditional approval at the time was to get traffic out of the dangerous intersection. By deleting this condition, we still have the problem. Mr. Hogan stated that the same passage way will still exist for the access to Avocado Avenue and7 the signal, b that it is. -j-ust a: matter of th;e location for same. Mr. Dave Dmohowski of The Irvine Company appeared before the Commission.. Mr. Dmohowski stated that they are requesting a wording change of Condition 17 of Exhibit A for.Use Permit No. 1924 to read, ". the property owner would cause to be re- moved the existing temporary Bank of Newport buildings. . ." He stated that The Irvine Compan is not empowered to remove the structure them - selves, but the Bank of Newport would remove it at their request within the 90 day period. He added that the same comment applies to Condition 18 of Exhibit B for Use Permit No. 1929. Chairman Haidinger asked if this was agreeable to staff. Staff concurred. I I I I I I I I -16- Motion Ayes Abstain Absent X September 4, 1980 W MINUTES INDEX Motion was made that the Planning Commission ap- prove,Use Permit No. 1924 (Amended) with the following findings and conditions which MOTION * CARRIED: FINDINGS:' 1. That the proposed use is.consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not comtemplate any problems. 4. Adequate off - street parking spaces are being provided for the proposed development. . 5. That the proposed development is temporary in nature, and will not preclude the prepara- tion of a development plan for the ultimate use of the property. 6. The approval of Use Permit No. 1924 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighbor- hood or be detrimental or injurious to pro- perty and improvements in the neighborhood.or the general welfare of the City. CONDITIONS: T. That 611 previ.ous conditions of approval for Use Permit No. 1924 shall no longer apply. 2. That development shall be in substantial con- formance with the approved plot plans as amended and the original floor plans and elevations, except as noted below. 3. That the proposed monument sign shall be re- moved from the East Coast Highway right -of -way within 60 days notice given by the City. The -17- COMMISSIONERS1 September 4, 1980 MINUTES 11101 r-� M Fe? 0. The project shall provide for the incorpora- tion of water - saving devices for all water - using facilities. 1. The project shall provide for the sorting of recyclable materials.from other solid wastes. 12. Any lighting system shall be designed and certified by an electrical engineer to eli- minate any glare and ambient light to ad- jacent public roadways or residential areas, . subject to City approval. -18- INDEX approval of said sign shall also be subject to an encroachment permit authorized by the City Council. 4. All proposed development shall provide for vacuum sweeping of off - street parking areas. 5. The proposed development shall provide on- site retention basins and for its maintenance, 6. A landscape and irrigation plan for the pro- ject shall be prepared by a licensed .land - scape architect. The landscape plan shall integrate and phase the installation of land - scaping with the-proposed construction schedule.. (Prior to the occupancy of the building, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accor- dance with the prepared plan.) • 7. The landscape plan shall be subject to the review of the Parks, Beaches and.Recreation Department and approval of the Planning Department. 8. The landscape plan shall include a maintenanc( program which'controls the use of fertilizers and pesticides. 9. The landscape plan shall place heavy emphasis on the use of drought - resistant native vege- tation and be irrigated via a system designed. to avoid surface runoff and over watering. 0. The project shall provide for the incorpora- tion of water - saving devices for all water - using facilities. 1. The project shall provide for the sorting of recyclable materials.from other solid wastes. 12. Any lighting system shall be designed and certified by an electrical engineer to eli- minate any glare and ambient light to ad- jacent public roadways or residential areas, . subject to City approval. -18- INDEX C September 4, 1980 M Beach MINUTES INDEX 13. The following disclosure statement of the City of Newport Beach's policy regarding the Orange County Airport shall be included in all license agreements for space in the pro - ject and should . be included in any Covenants, Conditions and Restrictions which may be recorded against any undeveloped site. Disclo -sure Statement The Licensee herein, his heirs, successors and assigns, acknowledge that: a) The Orange County Airport may not be able to provide adequate air service for business establishments which rely on such service; b) When an alternate air facility is available,. a complete phase out of jet service may occur at the Orange.County Airport; • c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the Orange County Airport; d.) Licensee, 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 Orange County. Airport. 14. That all improvements be constructed as re- quired by Ordinance and the Public Works Department. 15. That an 8 -foot wide.asphaltic sidewalk be constructed along the East Coast Highway . frontage to Avocado Avenue, as .approved.by the Public Works Department._ 16. That the existing improved drive entrances at Avocado Avenue and 200' t easterly of Avocado Avenue be the only entrance drives from'East Coast Highway between MacArthur Blvd. and Avocado. Avenue. These entrance • drives shall serve the site covered under Amended Use Permits 1924 and 1929. - }9- September 4, 1980 z MINUTES INDEX 17. That the property owner would cause to be removed the existing temporary Bank of Newport buildings located at 2200 East Coast Highway within 90 days of the approval of Use Permit 1924 (Amended). 18. That the City be reimbursed $1,180.00 for changes made in the signal installation at Avocado Avenue and East Coast Highway. 19. That the common driveways connecting the sites`be.striped, with the design to be approved by the Traffic Engineer. 20. That all street improvements be shown on standard improvement plans prepared by a licensed civil engineer. 21. That a standard agreement and accompanying surety .consisting of cash or certificate of • deposit be provided to guarantee the satis- factory completion of public improvements within six months. 22. That.a resubdiv.i.sion be filed on the parcel if an extension in the term.of the Use Permi is requested in the future. (Construction of the ultimate permanent street improvement would be a recommended condition of approval of the resubdivision.) 23. That cross ingress and egress easements or agreements be provided to the satisfaction of the. Public Works Department by the prope ty owners of 2340 and 23.44 East Coast High- way as a condition of Use Permits 1924 (Amended) and 1.929 (Amended) respectively. 24. That this permit shall extend for a period of 18 months, providing that the property owner shall prepare and submit to the City a development plan for the ultimate use of the property within 18 months of the approva of this application. A one year extension may be granted by the Modifications Committe subject to the landowner having submitted 4'0 - ROLL CALL September 4, 1980 Of Beach said P -C Development Plan for the ultimate use of the property. 25. At.such time as the use of the temporary building ceases, the building shall be re- moved from the site. Said building shall not be sold or leased on the property in question. MINUTES 26. That the applicant:shall install grease traps in the parking lot if required by the Building Department to be cleaned out every six months. 27. Landform alteration on the site should be subject to the approval of a grading permit. The grading permit should be prepared by a Civil Engineer based upon recommendation of an engineering geologist. The grading per - mit should include: • a. A complete plan for temporary and permanent drainage facilities. b. An erosion and dust control plan. c. An- erosion and siltation control plan approved by the California Regional Water Quality Control Board. d. A surface drainage plan that will not create downstream erosion. e. Erosion control measures on all exposed slopes. Motion Motion was made that:the Planning Commission ap- Ayes X X X X prove Use Permit No. 1929 (Amended) with the Abstain X following findings and conditions, which MOTION Absent CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is • compatible with surrounding land uses. -21- INDEX COMMISSIONERS • September 4, 1980 on MINUTES 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. Adequate off - street parking spaces are being provided for the proposed development. 5. Adequate provisions for traffic circulation are being made for the proposed drive -up. teller window. 6. That the proposed development is temporary in nature, and will not preclude the preparation of a development plan for the ultimate use of the property. 7. The approval of Use Permit No. 1929 (Amended) will not, under'the circumstances of this case be detrimental to the health,.safety, peace, morals, comfort '.and general welfare of persons residing and working in the neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City.. CONDITIONS: 1. That all previous conditions-of approval for Use Permit No. 1929 shall no longer apply. 2. That development shall be in substantial com- pliance with the approved plot plans, as amended, and the original floor plans and elevations, except as noted below. . 3. A landscape. and irrigation plan for the pro- ject shall be prepared by a licensed land- scape architect. 4. The landscape plan shall be subject to the re- view.of the Parks, Beaches and Recreation Department and approval of the Planning Department. -22- INDEX ROLL CALL September 4, 1980 s City of Newport Beach MINUTES 5. The proposed development shall provide for vacuum sweeping of off - street parking areas. 6. The.landscape plan shall include a maintenanc program which controls the use of fertilizers and pesticides. 7. The landscape plan shall place heavy emphasis on the use of drought - resistant native vege- tation and be.irrigated via a system designed to avoid surface runoff and over watering. 8. The project shall provide for the incorpor- ation of water - saving devices for all water- using facilities. 9. The project shall provide for the handling of recyclable materials in a manner satis- factory to the City. 10. Any lighting system shall be designed and • certified by an electrical engineer.to eliminate any glare and ambient light to adjacent public.roadways or residential areas, as approved by the City. ll. The following discl.osure statement of the City of Newport Beach's policy regarding.the Orange County Airport should be included in all license agreements for space in the pro - ject and should be included in any Convenants Conditions and Restrictions which may be recorded against any undeveloped site. Disclosu -re Statement a) The Orange County 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 Orange County Airport; c) The City of Newport Beach may continue to oppose additional commercial air service ex- pansions at the Orange County Airport; _23- ROLL CALL • September 4, 1980 C 12. Nn Beach MINUTES INDEX d) Licensee, his heirs, successors and assign will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the Orange County Airport. That all improvements be constructed as re- quired by Ordinance and Public Works Depart- ment. 13. That all improvements (P.C.C. curb, gutter and sidewalk and pavement) along the Mac- Arthur Boulevard frontage be completed. 14. That all. improvements within the public righ of -way of both East Coast Highway and Mac - Arthur Boulevard shall be completed under an encroachment permit issued by Cal Trans. These improvements shall be completed within 6 months after final approval of the Use Permit. 15. That all street improvements be shown on standard improvement plans prepared by a licensed civil engineer. 16. That an 8 foot wide asphaltic concrete side- walk be constructed along the East Coast Highway frontage as approved by the Public Works Department. 17. That there shall be no entrance drive from East Coast Highway to the Newport Harbour National Bank site. 18. That the property owner would cause to be removed the existing temporary Bank of Newport buildings located at 2200 East Coast Highway within 90 days of the approval of Use Permit No. 1929 (Amended). 19. That the City be reimbursed $1,180.00 for modifications made in the signal installa- tion at Avocado Avenue and East Coast Highway. • I I I I I 1 120. That the common driveways connecting the 1 sites be striped, with the design to be approved by the Traffic Engineer. -24- COv1MISSIONERS1 September 4, 1980 MINUTES 71 Beach INDEX 21. That a standard agreement and accompanying surety consisting, of cash or certificate of deposit be provided to guarantee the satis= factory completion of public improvements within six months after final approval of the Use Permit. a. A complete plan for temporary and per - manent drainage facilities. b.. An erosion and dust control plan. C. An erosion and siltation con.trol plan . ap.proved by the California Regional Water Quality Control Board: -25- 22. That a resubdivision shall be filed on the parcel if an extension in the term of the Use Permit is requested in the future. (Construction of ultimate permanent street improvements would'be a recommended condition of approval of the resubdivisi.on). 23. That cross ingress and egress easements or agreements be provided to the satisfaction of the Public Works Department by the property owners of 2340 and 2344 East Coast Highway as a condition for Use Permits 1924 (Amended) and 1929 (Amended).respectively. 24. That this permit shall extend for a period of 18 months, providing that the property owner shall prepare and submit to the City a development plan for the ultimate use of the property within 18 months of the approval of this application. A one year extension May be granted by the Modifications Committee subject to the landowner having submitted said P -C Development Plan for the ultimate use of the property. 25. Landfdrm alteration on the site should be subject to the approval of a grading permit. The grading permit should be prepared by a civil engineer based upon recommendation of an engineering geologist. The grading per - mit should include: a. A complete plan for temporary and per - manent drainage facilities. b.. An erosion and dust control plan. C. An erosion and siltation con.trol plan . ap.proved by the California Regional Water Quality Control Board: -25- September 4, 1980 M d. A surface drainage plan thatlwill not create downstream erosion. 1 MINUTES e. Erosion control measures on 611 exposed slopes. 26. The direction.signing_ plan shalllbe prepared and submitted to the Traffic Engineer for approval. 27. That the applicant shall install grease traps in the parking lot if required by the Buildin Department to be cleaned out every six months 28. That the flagpole shall not be m re than 25 feet high. Item #8 Request to consider a Phasing Plan for the remain = PHASING ing development in the Koll Center Newport Planned FLAN • Community, and the acceptance of an Environmental APPROVED Document. CONDI4 , AND INAL0 Request to amend.,the Planned Community Develop Item #9 ment Plan for Koll Center Newport so s to.allow AMENDMENT .the transfer of allowable square footage within NO. 550 the Planning Community. APPROVED I AND Request to permit the construction of 'a 12 -story Item hotel with related banquet rooms, res meeting rooms and recreation facil.iti'ps aurants,_ in Koll. USE PERMIT Center Newport. NO. 1953 LOCATION: The Koll Center Planned! Community; APPROVED CONDI- TIONALLY bounded by.MacArthur Boulevard the.west, Campus Drive and Jamboree Road on thle on on the north, EAst. ZONE: P -C APPLICANT: The Koll Company, Newport_Beach. OWNER: Aetna Life Insurance Company, Newport Beach . -26- C MISSIONERS1 September .4, 1980 City of Newport Beach MINUTES ROLL CALL INDEX Agenda Items No. 8, 9 and 10 were heard con - currently due to their relationship. The public hearing was opened in connection with these items. Motion Motion was made to continue these req ests for Ayes X X one month so that the Commission soul study the Noes X X Y X supplemental information as submi.ttedltoday, Absent * which MOTION FAILED. I Mr.'Tim Strader, General Partner of the Koll Center Newport Development appeared before the Commission: Mr. Strader stated that {this is not a new item, it has been before the City since 1972 when the original zoning was approved. He stated that the real issue here is thkt we are asking to increase the previously app owed 360 room hotel to a 440 room hotel. In aldi'tion, we are asking.to transfer certain.square footage on Office Site D to Office Site B. We -a�e also pre- • senting a phasing plan, which will belthe last one. Mr. Strader stated that economically,l! this hotel proposal will create a positive contribution to the City of over $500,000 per year. Based on the EIR and other data before you, this is a positive economic development for the C.ity. He stated that the EIR clearly states,that only two ercent.of the people coming through the Airport use the hotels in Newport Beach. He added that certain traffic will be created by this.projett, but this will be mitigated by the fact that we',.will con - tribute over $330,000 to the City to solve the intersection traffic problems. This amount is in addition to the two and.a half million dollars already spent in the.widening of streets and traffic improvements.to the existing Doll Center Newport. Mr. Strader added that they ';accept the.. recommendations and conditions as outlined in the staff report. Mr. Gin Wong, architect for the devel pment, ap- peared before the Commission. Mr. Wo g presented a model of the development along with artist renderings depicting the hotel. He explained the general concepts of the proposal. i -.27- September 4, 1980 11.11111 Gty of Beach MINUTES ROLLCALLI 111 1111 1 INDEX Chairman Haidinger asked Mr. Strader lif they were in agreement with the inclusion of Condition No.. 38 to the Phasing Plan as noted in the Supplement Information Report dated September 4,11980. Mr. Strader stated that this was acceptablle. Mr. Mike Wright of Westec Services an Mr. Bob Dunham of the Newport Economics Group appeared before the Commission. Commissioner eek asked for their responses concerning the co tents of the EIR with regard to the airport usage and hotel Mr. Dunham stated that a series of studies were performed relative to the hotel and office usage in relation to the airport. The issu is whether or not it will cause people to come h re or to re- distribute where the people stay. Th. EIR address es the fiscal impact on the City of N wport Beach. Commissioner Beek asked why only the (City of New- port Beach is being considered in thelEIR, rather than the total area which will be aff✓?cted by this outcome. Mr. Fred Talarico Environmental Coordinator, stated that the City of Newport Be ac requested that the.fiscal analysis section, which is not even required by`CEQA, addressithe fiscal impact on City services using the Citli is cost revenue system. Commissioner Beek stated that this pr ject will take business away from other hotels 'n other areas. He stated that he.would like the EIR to address the impact on these other areas. Commis- sioner Thomas concurred. i Mr. Robert Burnham, Assistant City Attorney, attempted to explain.the differences ¢etween a Supplemental EIR and a Subsequent EIRI A Supple- mental EIR is prepared when the chang s in cir- cumstances are minor; and a Subsequent EIR is prepared when the changes are significant or im- portant. He stated that the Commissi n would have to decide whether the issues such as ousing, em- ployment and growth inducing impacts re substan- tial enough in change to warrant the reparation . of a Subsequent EIR. -28- l 4MI561UNtK51 September 4, 1990 ai City of Newport Beach MINUTES Commissioner Thomas stated that the increase in growth and demand in the area would Seem to war- rant a Subsequent EIR. He also stated his con- cerns on the traffic problems. At this time, Commissioner.Beek noted that both the original EIR and the Addendum ar deficient in the following respects: .1 1) They,completely ignore the regional water shortage which Southern Californi,a.will face upon the opening of the Arizona Water Project. 6) The addendum fails to consider the cumulative effect of th.is project and otherlsimilar pro - jects throughout this area of the County. Motion X Motion was made that the Planning Commission Ayes X X X approve the "Addendum to the Certified Final Noes X X Environmental Impact Report— Koll Center Newport Absent * Planned Community Development for the Koll /Aetna Properties" and recommend that the City Council . certify the environmental.-document as complete with the findings listed below, which MOTION CARRIED: FINDINGS: • 1. That the environmental document ills complete and has been prepared in compliance with the =29- 2) They completely ignore the surpl6s of employ= ment and sh- ortage of housing which prevails in Newport Beach. 3) They completely ignore the surplu4s of commercial /office zoning in Newport Beach. 4) They completely fail to consider where the • project's employees.will.be housed, or to reflect the costs of supplying police, fire, school., health, and other services to those employees. 5) The original EIR identifies. the aggravation of the housing problem, but regardslthis as a positive effect of the project. 6) The addendum fails to consider the cumulative effect of th.is project and otherlsimilar pro - jects throughout this area of the County. Motion X Motion was made that the Planning Commission Ayes X X X approve the "Addendum to the Certified Final Noes X X Environmental Impact Report— Koll Center Newport Absent * Planned Community Development for the Koll /Aetna Properties" and recommend that the City Council . certify the environmental.-document as complete with the findings listed below, which MOTION CARRIED: FINDINGS: • 1. That the environmental document ills complete and has been prepared in compliance with the =29- • 0 September 4., 1980 IM1131Citv of MINUTES California Environmental Quality',Ac.t (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of the environmental docu- ment have been considered in the'ivarious decisions on this project. 3: That .based on the information contained in the environmental document, the project in- corporates sufficient mitigation measures to reduce the adverse effects of th, project, and that the economic benefits that would accrue to the community, a.s demonstrated in the document, together with the mitigation measures override the anticipated negative effects of the project. Chairman Haidinger .stated the foilow'ng reasons for recommending an appro,&1 -gf the haling-Plan.'- i l) There is a need for additional hotel space in the area; 2) A hotel near the airport will not create_ additional airport traffic. Businesses ..create additional airport tra.ffi�. The people who will be using this hotel will be coming to the area anyway. The. - airport traffic will not be dramaticallylaffected. 3) The employees .coming to the hotel will gener- ate additional traffic, but.the hotel.is in the middle of a major commercial/industrial center, which will reduce some of the traffic because the businessmen coming to the area will be able to locate lodging close to their specific destinations. 4) This will not be a destination t pe of hotel for tourists. The traffic in th airport will not increase due to tourism, nor will driving increase due to'tourism rom this hotel. _30- COMMISSIONERS September 4 1980 Fh1 City of Newport Beach MINUTES f 5) The people who are developing this property have a presumption of right to develop this project, unless we have a firm conviction that what they propose to..do is idetrimental. Commissioner McLaughlin stated that for the reasons listed, she would support a motion for approval of the Phasing Plan. Commissioner Thomas asked Chairman H idinger if. he would accept an amendment to a mo ion for ap- proval that the tax increment. benefi to the City of $500,000 be put in a fund for transit and road improvements. Chairman Haidinger stated that there is not an existing operating fund which would accomplish this, Planning Director Hewi.cker stated that there is a- condition for approval that the developer contribute towards transportation and circulation improvements. Chairman Haidinger stated that Commissioner Thoma was considering the tax revenue mone . Commissio er Cokas stated that only the City.0 uncil would have.the authority to do this. Chai man Haidinge stated that he agrees with Commissioner Thomas in concept and concern, but will not.inelude this in his-motion-for approval. Commissioner Balalis stated his concerns for the Orange County Transit District (OCTD the many employees of .a lower economic base who will need transportation to this hotel. He asked Mr. Strader if they would accept a condition to pro- vide a bus stop location. Mr. Strad r stated that the OCTD has service on MacArth r Boulevard and they would be most happy to cont ct OCTD on increasing service to the area and providing a bus stop location. Commissioner Balalis recommended that an addi- tional condition for approval state 'th.at The Koll Company contact OCTD and encour ge them to service the area with pub.l.ic transportation and that The Koll Company provide and maintain a bus stop location on site, with benches. Chairman Haidinger stated that he would inclu a this re- commendation in his motion for approval. I -31- COMMISSIONERS September 4, 1980 . MINUTES City of Newport Beach ROLL Commissioner Beek stated'that because he has no environmental documentation on the impacts.of this project, he would have to vote No on a motion for approval. Motion Motion was made that the Planning Commission ap -. Ayes X W X prove.the Phasing Plan for the remaining allow - Noes X X able development in the Koll Center Newport P -C Absent District under the ownership of the 'applicant with the findings and subject to the conditions listed below: - FINDINGS: 1. That the environmental document is complete and has bee" prepared - in compliance with the California Environmental Quality Act (CEQA). - - the State EIR Guidelines and City Policy. - - 2. That the contents of the environmental document have been considered - in the decision on this portion of the project., 3. That based on the information contained in the environmental - document, the project incorporates sufficient mitigation - measures to reduce the adverse effects of the project, and that the - • economic benefits that would accrue to the community, as demonstrated*in the document, together with the mitigation - measures- override the anticipated negative effects of the project. 4. That the Phasing Plan is consistent with the Newport* Beach General -'- Plan and the Planned Community Development Plan for Koll Center Newport. - - 5. That based on the Phasing Plan and surrounding information submitted _ therewith, there is a reasonable correlation between projected - _ traffic at time of completion and the capacity of affected intersections. _ 6. That the applicant has taken into consideration in the preparation of his .plan characteristocs in the design of his development which either reduce traffic generation or guide traffic onto less impacted arterials or through intersections in the least congested direction. - - CONDITIONS: - - - .. 1. That prior to occupancy of any buildings on the site beyond the existing development completed or under construction, the Circulation - Systems Improvements contained in the Traffic Report, dated August 13, 1980, Table 6, Page 9, shall have been constructed (unless subsequent project approvals require modification thereto). - - The Circulation Systems Improvements shall be subject to the approval of the City Traffic Engineer. - 2. That prior to the occupancy of any buildings on the site beyond - the existing development completed or under construction, the - ' Circulation Systems Improvements required of committed projects listed on Page 5 of the Traffic Report dated August 13, 1980, shall also have been constructed, (unless subsequent project approvals-- ' require modifications thereto). The Circulation Systems Improvements - shall be subject to the approval of the City Traffic Engineer. 3. That prior to the issuance of any Building Permits, the applicants shall indicate to the Director of the Planning Department, in _ writing, that they understand and agree to conditions 1 and 2 above. 4. That the architectural character and landscape ',design established within the existing Koll Center Newport shall be maintained. =32- 4MISSIONERS MINUTES September 4, 19$0 k City of Newport Beach 1NnFx S. A landscape and irrigation plan for the project shall be prepared by ,p licensed la ds cape,architec t. The landscape plan shall integrate and pha se the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). 6. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and approval of the Planning - Department. - - 7. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. B. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be ;irrigated via a system designed to avoid surface runoff and over - watering. 9. The landscape plan shall place heavy emphasis on fire - retardant vegetation. - - - 10. Street trees shall be provided along the public streets - as required by the Public Works Department and the Parks, - -- Beaches, and Recreation Department. - - - 11.. Landscsping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed - and kept in a healthy condition. ' • 12. -Plant materials used for screening purposes shall consist- of .shrubs and trees, either lineal or massed, which are of - sufficient size and height to screen or interrupt views of parking areas. 13. Earth berms shall be contoured and natural in appearance. 14. The landscape plan of an existing development in Blocks A, B, - D, 8 G shall be reviewed by a licensed landscape architect. - The existing landscape program should be modified to include the concerns oc conditions 7 and 8 above �o the maximum extent practicable that can mabntain the charactar of the existing - - program as a result of this review should'be phase and incorporated as a portion of existing landscape maintenance. 15. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. _ 16. That a grading plan shall include a complete plan for temporary - - and permanent drainage facilities, to minimize.any potential - - - impacts from silt, debris, and other water pollutants. -- 17. The grading permit shall include, if required, -a description of he 1. routes, access points to the site and a watering and sweeping program designed to minimize imp�cts of haul operation. - i 18. An erosion and dust control plan shall be; submitted and be - subject to the approval of the Building Department. - - I 19. That an erosion and siltation control plan, if required, be - approved by the California Regional WaterlQuality Control .Board - Santa Ana Region. 20. The velocity of concentrated run -off from the project shall be evaluated and erosive velocitoes controlled as part of the project design. - - RM ( = r• A September 4, 1980 21 22 6611 MINUTES That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil: engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. That the applicant provide for weekly vacuum sweeping of all parking areas. 23. That final design of the project shall provide fir the incorporation of water- saving devices for prof ec lava to rigs ` and other water using facilities. 24. Prior to the occupancy of any buildings, a progri m for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. 25. That should any resources be uncovered during co struction, that a. qualified archaeologist or palenotologist evalua a the site i prior to completion of construction activities, nd that all work on the site be done in accordance with the ity's Council Policies K -5 and K -6. 2i. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said shall be attenuated to acceptable level's in receptor .areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved', by the Planning Department. 27. That the fire Department access shall be approved by the Fire Department. 29. That all buildings on the project site shall be equipped with fire suppression systems approved by the Fire Department. . 29. That a "defensible space ". concept shall be incorporated to the construction and design of the project and be reviewed and approved by the Police Department prior to the issuance of any grading and building permits. o. The proposed project shall incorporate an internal securing system (i.e. security guards, alarms, access limits after hours) that shall be reviewed by the Police and Fire Departments .. and approved by the Planning Department. 31. That the final design of on -site yedestrian circulation be reviewed and approved by the Public Works Department and the Planning Department. 312. Prior to the issuance of any building permits for the site,, the applicants shall demonstrate to the satisfaction of the I Public Works Department and the Planning Department that i adequate sewer facilities will be available. 33. That prior to the issuance of any building permit authorized by the approval of this Traffic 'Phasing Plan, the applicant shall deposit with the City Finance Director, a sum propot ion the 1 to the per -. centage of future additional traffic related to the in the subject area, but not to exceed $23,750.0D o be used for ._ the construction of a wall on the westerly side of Jamboree Read between Eastbluff Drive and Ford Road. , am. 0 Motion Ayes Noes Absent XIX September 4, 1980.. of Newport Beach MINUTES 34. That the sum of $367,253.08 be provided for circulation and traffic improvements to intersections as specified on Page 4, Table 4, of the Traffic Report dated August 13, 1980, as shown on the City's Master Plan of Circulation consistent with the General Plan, with priority given to improvements within the vicinity of the project, if feasible. 35.. That prior to the issuance of any building permits, the applicants shall demonstrate to the satisfaction of the-Planning Department that all practicable measures to reduce total and peak hour traffic (i.e. car pool /van pool, staggered employee work hours, tenant mix) have been or will be taken. 36. That prior to the issuance of any building permits for the proposed project, the applicant shall demonstrate to the satisfaction of the Planning Department that avigation easements granted to Orange County by The Irvine Company for the subject area have not been exceeded. 37. That a complete plan for pedestrian access for each site shall be approved by the Public Works and Planning Directors. 38. That prior to the occupancy of any buildings on the site beyond the existing development completed or under construction, an.addi- tional eastbound through —lane shall be con structed at the intersection of Coast Highway and MacArthur Boulevard (unless subsequent project approvals require modi- fication thereto). This improvement shall be subject to the approval of the City Traffic Engineer. 39. That the applicant contact the Orange County Transit District (OCTD) and encourage them to service the area with public transpor- tation and that the applicant provi.de and maintain a bus stop location on site, with.. benches. Motion was made that the Planning Commission adopt Resolution No. 1055, approvi.ng Amendment No. 550 and recommend same to the City Council for adop- tion with the findings listed below: FINDINGS: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the decision on this portion of the project. - 3. That based on the information contained in the environmental document, the project incorporates sufficient mitigation measures to reduce the adverse effects of the project, and that the economic benefits that would accrue to the community, as demonstrated in the document. .together with the mitigation _ measures override the the anticipated negative effects of the project. -35- September 4, 1980 z t Beach Commissioner Beek stated that for the lack of a sufficient environmental document, he must vote No on the following motion. MINUTES Motion X Motion was made that the Planning Commission ap- Ayes X X X V prove Use Permit No. 1953 with the findings and to the conditions as follows: Noes X subject Absent FINDINGS: 1. That the environmental document is complete and has been pre -. pared in compliance with California Environmental Quality Act (CEQA), the State EIR Guidelines and City.Policy. 2. That the contents of the environmental document have been considered in the decisions on this portion of the project. 3. That based on the information contained in the Environmental Document, the project incorporates sufficient mitigation measures to reduce the adverse effects of the project, and that the economic benefits that would accrue to the community, as demonstrated in the document, together with the mitigation measures override the anticipated negative effects of the '. project. '.. 4. That the proposed project is consistent with the Newport Beach General Plan and the Koll Center Newport Planned Com- • munity District. 5. That the proposed project will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or .' working in the neighborhood of such proposed use or be detri- mental, or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legis- lative intent of Title 20 of the Municipal Code. 6. The approval of Use Permit No. 1953 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of per- sons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood of 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 development shall be in conformance with the approved phasing plan and related conditions of approval. - - -, 3. That all development shell comply with the Uniform Building Code 1976 edition. 4. That all access to the buildings be approved by the Fire Department. S. That all on site fire protection (hydrants and Fire Depart -. ment connections) shall be approved by the Fire and Public Works Department.. 6. The surface of the three -level parking structure shall be . landscaped with trees and shrubs either recessed or in tub/ • planter boxes, in a manner approved by the Directors of the 'Parks, Beach 8 Recreation and Planning Departments. -3 &- COMMISSIONERS Fils ROLL CALL • September 4, 19M of Newport Beach MINUTES 7. Final site plans and choice of exterior building finish shall be subject to review and approval by the Planning Department. R. That prior to the issuance of any building permit, the appli- cants shall demonstrate to the satisfaction of the Public Works and Planning Departments that all practicable measures to reduce total and peak hour traffic including but not limited to: car pool /van pool; staggered employee work hours, shuttle service to the airport; schedules of uses of any rooms to be used for meeting, seminars or other business /social functions have been or will be taken. 9. That the conditions of approval for Resubdivision No. 635 be fulfilled prior to accupancy of the hotel. Any changes in the parcel map required by the hotel shall be made. 10. That a P.C.C. sidewalk be constructed along the west side of . Von Karmen Avenue. 11. That the final design of on -site pedestrian circulation system be reviewed by and approved by the Public Works and Planning Departments. This system shall provide pedestrian walkways from the main entrance of the hotel to three public streets and the adjoining developments. 12. That parking be prohibited on the 30 foot access roadway running between Von Karmen Avenue and MacArthur Boulevard. 13. That a traffic signal be installed at Birch Street and Jamboree Road prior to the occupancy of the hotel. 14. That a median island be installed in Von Karmen Avenue to prohibit left turns in and out of the service /parking facility . entrance drive. This condition may be waived by the Traffic Engineer if traffic study is provided to show that turning -- access to the drive will not adversely affect the traffic an Von Karmen Avenue and the operation of the Von Karmen /Birch Street intersection. 15. That the entrance and exit ramps design to the underground ." parking facility from the main entrance to the hotel be approved by the Traffic Engineer. 16. That the final design of parking facilities shall be re- viewed by the City Traffic Engineer. Compact space shall not exceed 15 percent of total and handicapped parking shall comprise 2 percent of total spaces'. The Planning Commission recessed at 9:45 p.m. . and reconvened at 9:55 p.m. -37- September 4, 1980 on MINUTES INDEX i Item #11 Request to construct two, two -unit condominium USE PERMI projects in the R -2 District. AND Request to create two parcels of land so as to permit two, two -unit condominium projects on the property in the R -2 District. LOCATION APPLICANT OWNER: Lots 19 and 22,.Blockl,8, Tract 27, located at 427 and 4311 Westminster Avenue on the westerly side of Westminster Avenue between Broad Street and North Newport Boulevard in Newport Heights. R -2 Arthofer and Lachenmyer, Newport Beach Same as Applicant ENGINEER: Donald E. Stevens, Incorporated, Costa Mesa Agenda Items No. 11 and 12 were heard concurrentl because of their relationship. APPROVED CONDI- TIONALLY Item #12 RESUB- IVISION Q. 665 P'PROVED ONDI- I N LLY The public hearing was opened in connection with these items and. Mr. Gene Lachenmyer, l the appli cant, appeared before the Commission and stated that they are in agreement with the ''istaff.report. Commissioner McLaughlin asked why these units were switched from apartments to condominiums. Mr. Lachenmyer stated that these were originally duple es, now being changed to condominiums because of the housing shortage.., Commissioner Beek stated that two letters have bee received from neighbors who are concerned with the drainage on the property, Planning,Director Hewic er stated that these Tetters have beenibrought to the attention of our Grading Engineer. There will be no problem with.the drainage on this,.project which will drain to the street in front, but staff will -387 C MISSIONERS1 September 4, 1980 MINUTES City Of Newport review the problem which currently exists on the adjacent property. Motion IX Motion was made that the Planning Commission ap- Ayes Beach- IX X JXJ X X prove Use Permit No. 1952 with the following Absent * findings and conditions: FINDINGS: 1. That each of the proposed units �as been designed as ,a condominium with sparate and individual utility connections. 6. The establishment, maintenance or operation of the use of building applied for will not; under the circumstances of the particular case, be detrimental to the health;.safety; peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or in- jurious to property and improvements in the ,neighborhood or the general welfare of the City. CONDITIONS: 1. That.development shall be in substantial con - formance with the approved plotplan, floor plans, and elevations. 2. That two garage spaces shall be (,,provided for each dwelling unit. Said garage! spaces. shall -39- 2. The project complies with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms tolthe Zoning Code area requirements in effectl,at the time of approval. 4. The project is consistent with the adopted ..goads and policies of the General Plan.. 5. That adequate on- site.parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use of building applied for will not; under the circumstances of the particular case, be detrimental to the health;.safety; peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or in- jurious to property and improvements in the ,neighborhood or the general welfare of the City. CONDITIONS: 1. That.development shall be in substantial con - formance with the approved plotplan, floor plans, and elevations. 2. That two garage spaces shall be (,,provided for each dwelling unit. Said garage! spaces. shall -39- COMMISSIONERS September 4,.1980 MINUTES City P of Newport Beach LL CALL INDEX have side walls, roofs, and operating garage doors for access.of automobiles.' . Motion Ayes Absent ("16 0 3. That all conditions of resubdivision No. 665 shall be fulfilled. 4. That the grade of the proposed driveways be reviewed and approved by the traffic engineer. X Motion was made that the Planning Commission ap -- X X X YX prove Resubdivision No. 665 with the',following . * findings and conditions: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal. Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. . NDITIONS: 1. That a parcel map be fi.led 112. That all. improvements be constructed as re- quired by Ordinance and the Public Works Department. 3. That each unit shall have individual water and sewer services unless otherwise approved by the Public Works Department. 4. That all improvements (curb, gutter, pavement and sidewalk) be constructed along the .Westminster Avenue frontage. 5. That street improvement be showni.on standard improvement plans prepared by .a licensed civil engineer. Curb grade shal� be provided by the Public Works Department. 6. That a standard subdivision agreement and ac- companying surety be provided iflit is desire to record the parcel map prior to completion of the public improvements. -40- 1MISSIONERS September 4, 1980 MINUTES IA w City of Newport Beach INDEX Item #13 Request to construct a six -unit residenti.al con- dominium project in the R -3 Districts The USE PERMI application also requests a modification to the NO. 1948 Municipal Code so as to allow the structure to encroach 10 feet into the required 2P foot front APPROVED yard setback (measured from the abandoned O NDI- Carnation Avenue right -of -way). TIONALLY AND Request to'- create.one parcel of land for resi- Item #14 dential condominium purposes so as to permit the construction of a six -unit condominium project RESUB -. in the R -3 District. DIVISION LOCATION: Porti.ons of Lots 2, 4#.6 & 8; 40. 6,66 Block 231, Corona del Mar, and a portion of abandoned ¢ arnation APPROVED. Avenue located at 2500 Sewview C NDIr TIO Avenue on the easterly corner of f� LY . Seaview Avenue and Carnation Avenue in Corona del Mar. ZONE: R -3' APPLICANT: John Kirkpatrick, .Dba Southern Cal Property, Santa Ara OWNER: Same as Applicant ENGINEER: Loren C. Phillips & Associates, Arcadia Agenda Items No. 13 and 14 were hear concurrently due to their relationship, Planning Director Hewicker• stated that the alley will not be utilized, and that there!, are prov.isio s for trash facilities.in the- subterra can parking structure. Mr. Bill Laycock, Curren Planning Administrator noted that the.archite¢¢t has indi- cated that the plot plan itself is i� error; and that the nine foot width requirement for the parking spaces will be met. Commissioner Thomas stated that 19 units will be a big loss in the rental stock in Corona del Mar, if this request is approved. He statedlthat.the rental stock will drop completely if the Commission continues to approve condominium conversions. at each meeting. -41- I w ROLL CALL 11 September 4, 1980 loll Mr r Commissioner Thomas stated that he can understand the problems of renting, due to vacancy rates and affordability, but people of moderatelincome who work in these areas, will still need � place to live. He added that the Corona del Mar renters are not trans.ient,.bu,t they are very stable rente A loss -of 19 units in an area of suable renters -i a big loss and a problem that the Commission need to consider. The public hearing was opened in connle,ction with these items and.Mr. Lewis Rodwell, representing the ,owner, appeared before the Commis ion and stated that they are in agreement.wit the staff report. Mr. Harvey Pease, owner of the proper end:of Carnation Avenue, appeared bef Commission. Mr. pease ,stated that Ca nue from Seaview to.the end is an aba which is therefore a private street, adequate control. This creates a ver parking problem. He also stated that Department has determined that their can not get access to a fire hydrant the area with all the cars parking on of the street. He stated that a prov be made in the Covenants, Conditions tions that every property owner is ob participate in.the maintenance of thi street and the abutting alley. Commissioner Beek asked if dedicating. has been con sidered.by the staff. Mr. Assistant.City Engineer, stated that t be done on this section of the street, three to four other property owners in would have to agree, in order to make tive. Mr. Webb added that before the be accepted, it would have to be broug current street standards for the City. y at the re the nation Ave doned street, ithout critical the Fire qu.ipment o service both sides sion should nd Restric- igated to private this street Don Webb, his could but the volved it effec- street woul ht up to Planning Director Hewicker stated that the re quired. parking for the project is on -site in ex cess of three spaces per dwelling unit. The developers are also required to.impro4 The Avenue in the front of the project. Commissioner Beek asked the applicant be in favor of rededicating the stree Rodwell stated that he has been disct matter with Mr. Pease and they have i agreed to have a meeting between the on the street to work this out. -42 if he would t.. Mr . ssing this ust now . homeowners September 4, 1980 If I I CItV of Beach MINUTES Mr. Webb suggested that the owner to der an irrevocable offer of dedication to b exercised at such time as dedications. can be obtained from other areas. Mr. Rodwell'sta.ted that this would be acceptable. Mr. Pease stated that this would not be satisfactory because.it does not address the problem of street maintenance: in' the interim period and the parking problem. Commissioner Beek asked staff if there is a better solution to this problem. Mrj. Burnham, Assistant.City Attorney, stated t.hati the sug- gestion by Mr. Webb is a good attempt to start to resolve this problem. There is not a mainten- ance condition that you can impose.to either action that would accomplish Mr. Pease's request. Commissioner McLaughlin stated that she would include the irrevocable offer of dedication as a condition of approval on the resubdivision. MO-.on X Motion was made that the Planning Commission a_p- Ayes X X YX X prove Use.Permit No. 1948 with the.fllllowing Noes X findings and conditions: Absent FINDINGS: 1. The project complies with all applicable standard plans and specifications, adopted City and State building codes, and zoning requirements for new buildings, wi.th. the exception of the'reque.sted modification to the Zoning Code permitting a 10 (foot en- croachmen-t into the required 20 !foot front setback. 2. The.project lot size conforms to! the Zoning* Code area requirements in effect' at the time of approval. 3. The project is consistent with .the adopted goals and policies of the Genera,ll Plan. 4.. Adequate on -site parking spaces fare. available for the proposed residential condominium • project. -43- COMMISSIONERS September 4, 1980 City of Newport Beach .MINUTES 5. That the proposed encroachments into the re -. q,uired 20 foot setback along the abandoned Carnation Avenue frontage of the site, and tandem parking spaces, will not, under the .circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons re- siding or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighbor - hood or the general welfare of the City and further that the proposed modifi¢.ations.are consistent with the legislative intent of Title 20 of this,Code. 6. The establishment, maintenance o operation of the use or building applied for will not, under.the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of • such proposed use or be detrimental or in- jurious to property.and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial can- formance with the approved plot ?Ian, floor plan, and elevations. 2. That all conditions of Resubdivi$ion No. 666 shall be fulfilled. Motion X Motion was made that the Planning.Commission_ap- Ayes X X X XK prove Resubdivision No. 666 with the.jollowing Noes x findings and conditions: Absent FINDINGS: 1. That the maps'meet the requirements`of Title 19 of the Newport Beach Municipal Code, all ordinances of the City; all applicable general.or specific plans and th Planning Commission is satisfied with thei, plan of subdivision. 0 0 i i iMISSIONERS September 4, 1980:. MINUTES Cit v Newport of New rt Beach 2. That the proposed resubdivision dresents no problems from a planning standpoilnt. CONDITIONS: 1. 2. 3. 4. 5. 6. That a parcel. map be filed. That all improvements be constructed as re- quired by ordinances and the Public Works Department. i That each unit have separate wat4r services and sewer connections, unless otHerwise ap- proved by the Public Works Department., That curb, gutter, pavement and sidewalk be constructed along the abandoned Carnation Avenue frontage, and that the cutb grades be approved by the Public Works Department. That a standard subdivision agreement and surety be provided to guarantee the satis- factory completion of the street ;improvements if it is desired to record the parcel map prior to completion of the street improvement. That the owner tender an irrevocable offer of dedication for that portion of the.abandoned Carnation Avenue.located on the subject property. (Note: It was the intent of the Planning Commission that said offer shall be exercised at such time as.dedica ions can be obtained from property ownersof other abutting properties within the abandoned portion of Carnation Avenue). 1 Chairman Haidinger asked the audience if there was anyone present who wished to speak on the Local. Coastal Program this evening, Item No. 19 on the Agenda. Chairman Haidinger noted that no one came forth at.this time. i Chairman Haidinger stated that the Ldcal Coastal Program would therefore.be continued;to an adjourned Planning Commission meetin on Septem- ber 18, 1980.at.2:00 p.m., because of the lateness of the hour: -45- COMMISSIONERS1 .September 4, 1980 City of Newport Beach MINUTES ROIL CALL INDEX Request to convert and remodel an existing strut- Item #15 ture into a restaurant and commercial fish market with on -sale alcoholic beverages in the M -1 USE PERMIT District. The proposal also includes the request N0. 1949 to accept an offsite parking agreement for the required offstreet parking spaces. modifica- APPROVED tion to the Zoning Code i's also requ sted, since ONDI- a portion of the subject offstreet parking spaces I N LLY are tandem spaces (where the Ordinan a requires that all parking spaces shall be acc ssible). Furthermore, a portion of the off sit parking spaces encroach 4' or 5' into the re wired 10' rear yards adjacent to an alley. LOCATION: Lot Nos. l and 2, Block ''425, Lan - caster's Addition to Newport Beach, located at 2800 Lafayette Avenue on the northeasterly corner of Lafayette Avenue and 28th Street in Cannery Village. • ZONE: M-1 APPLICANT: Archi- Tekton; Incorporated, Newport Beach OWNER: Tonti- Walker Investors incorporated, Irvine The Public Hearing was opened in connection with this item and Mr. Peter Tonti; fener l.:Partner; . appeared before the Commission and sated that they are in.agreement with.the recom endations of the staff report. Mr. Tonti stat�d that the architect was also present to answerl, any questions He presented to the Commission an artist render- ing of the project depicting the restaurant and surrounding area. Mr. Sergio Villa, owner of the E1 Ranchito Restaur nt, appeared before the Commission and slated that he agrees with the project, but would recommend two items. First, to try and eliminate the congestion that may happen in the area with thi restaurant, and secondly, he would like an encroachment grante on his property; as well as, the abutting property of the applicant so as to provide ve icular.acce.ss to Newport Boulevard. -46- 4MISSIONERS September 4, 1980 s " City of New Beach MINUTES INDEX Mr. Tonti suggested that he.meet with Mr. Villa, the City's Traffic and Planning Departments to discuss any alternative solutions that would assist the flow of traffic "between all the stores in the area. Mr. Villa stated that he.is willing to dedicate five feet of his property for an eas ment or right -of -way between his property an the appli- cants to help ease congestion. Comm ssioner Balalis stated that this may create traffic problem onto Newport Boulevard. Commissioner Bal.alis..asked Mr. Tonti.,to explain the parking arrangements. Mr. Tonti!,s.tated that all three parking lots will be valetlparking. He also stated that these lots will e land - scaped and controlled. Mr. Villa stated that he would also recommend landscaping for "privacy of the residential.use • he owns, if the easement cannot be agreed upon. Ms. Paula Schoepe, business owner inllthe area, . stated that she is for approval of this request, and would be happy to answer any questions the Commission may have about the area. Motion X Motion was made that the Planning Commission ac- Ayes X X X X X cept the Environmental Document with the findings Absent * below and approve Use Permit No. 194 subject to the findings and conditions as fo lows: FINDINGS - ENVIRONMENTAL DOCUMENT 1. .That an Initial Study and Negative Declaratio has been prepared in complaince with the California Environmental Quality ',Act, and that their contents have been considered.in the decisions on this project. 2. That based on the information contained in the Negative Declaration, the.project in- corporates sufficient mitigationlimeasures to reduce potentially - significant. environmental • effects, and that the project wiml not result in significant environmental impacts. -q7- September 4, 1980 .. D CID City of Newport Beach FINDINGS - USE PERMIT NO. 1949 MINUTES 1. That the proposed use is consistent with the City of Newport Beach General Plan and is compatible with surrounding landliuses. 2.. The project will not have any.si�gnificant environmental impact. 3. The Police Department has indicated that they . do not contemplate any problems:, 4. The proposed structure is in keeping with the desired . character of the Specific Plan Area as identified by the General Plan. 5. The proposed use will not preclude the attain- ment of the Specific Area Plan o'jectives stated in the Land Use Element o the General Plan. • „ 6. That the establishment of off- strIeet parking in the required ten foot alley.setback and tandem parking spaces will not; under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons re- _ siding or'working in the neighborhood of such proposed use or be detrimental or in- furious to property and improvements in the neighborhood or`the general welfare of the City, and further that the proposed- modifi-cation is consistent with the legislative intent of Title 20 of the Municipal Code. 7. The approval of Use Permit No. 1949 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 neighbor - hood or be detrimental or injurious to proper- ty or improvements in the neighbdrhood or the general welfare of the City. 8. The off -site parking areas are.ldcated so as . to be useful to the proposed use !EI E COMMISSIONERS September 4, 1980. MINUTES a a City of New ort Beach P ROLL CALL INDEX 9. The applicants are proposing to enter into and record reciprocal parking and access agreements. 10. The off -site parking spaces will not. create undue traffic hazards in the ill" rounding . areas. In fact, the proposed p rking layout of the subject parking lots wil. create better automobile.storage than Aow' exists. 11. The City Traffic Engineer has no objections with the off-site.-parking arrangement. 12. That the_.goals and objectives of the Local Coastal Plan will not be prejudiced by this decision. That this.project is in no way bearing on any other Waterfront project. 13. That based on a careful revi.ew Of the propose project and the testimony presented at the public hearing,.additional off- street parkin • is not required to be provided for the com- mercial slips. 14'. That the hours of operation of the proposed. restaurant and commercial fishing boats are such so as to allow joint use of off- street parking facilities that will no$ be,detri- mental to the peak occupancy ofleither. use. CONDITIONS:. 1. That development shall be in substa.ntial con - formance with the approved plot plans, floor plans and elevations. 2. That an off -site parking agreeme 'approved by the City Council, gu that a minimum of thirty -six par shall be provided on Lots. 4; 5, of Block 225, twelve parking spa provided on Lots 27 and 28 of B1 twenty parking spaces shall be p Lots 5 and 6 of Block 425,•Lanca tion to Newport Beach, for the d . the proposed use. -49- t shall be ranteei.ng ing spaces , 7 and 8 es shall be ck 225; and ovided on. ter's Addi- ration of CCNv1MISSICINERS September 4, 1980 . City of Newport Beach MINUTES I I I I I I i 3. That said agreements shall be signed by the I applicants prior to the issuanc of building. permits. 4. That employees of the restaurant shall be required to.park on the appprove off -site parking lots, and three (3} spa es 'shall be provided for the commercial sli s during their hours of operations. 9. The site shall be subject to. a grading per - mit to be approved by the Building Department. 10. An erosion and dust control plan shall be submitted with the grading permit applicatio and will. be subject. to the approval of the Building Director. 11. The erosion and siltation control plan shall be approved by the.California R gional Water Quality Control Board (Santa An � Region -). The plan must be submitted to =h- *Board thirty days prior initiating construction activities. • 12. The applicants shall maintain the site in a clean.and orderly manner.and will provide, the periodic debris collection and.disposal. -50- 5. That any mechanical equipment and. trash area shall be screened from the adjoining resi- dential property and from abutting streets. 6. A Harbor Permit (for any portion of the building over the water and for''any done bayward of the existing bu�khead), work Army Corps of Engineers Permit and a Coastal Commission Permit shall be secured for the proposed project. I • 7. If there is a transfer of ownership of the uplands, the Harbor Permit shall be_ trans -_ ferred to the applicants. B. During construction activities, debris shall be prevented from entering the bay through the use of traps and containment booms in a manner satisfactory to the Planning, Buildin and Marine Departments. i 9. The site shall be subject to. a grading per - mit to be approved by the Building Department. 10. An erosion and dust control plan shall be submitted with the grading permit applicatio and will. be subject. to the approval of the Building Director. 11. The erosion and siltation control plan shall be approved by the.California R gional Water Quality Control Board (Santa An � Region -). The plan must be submitted to =h- *Board thirty days prior initiating construction activities. • 12. The applicants shall maintain the site in a clean.and orderly manner.and will provide, the periodic debris collection and.disposal. -50- ` COMMISSIONERS MINUTES September•4, 1980 . �S . I City of Newport Beach XM CALL INDEX 13. The applicants shall:provide onisite reten- tion basins (.i.e., grease traps , and.provide for their maintenance, if required by the Building Department. The maintenance pro- gram shall be reviewed by the General Ser- vices Director and approved by the Building Department. 14. The applicants shall provide for weekly vacuum sweeping of a.1.1 surface parking areas. 15. The final design of the parking (lots shall be approved by the City's Traffic Engineer. 16. The p >roject shall be lindscaped.'as depicted on the site plan including the proposed land- scape-planter areas in the off -site parking lots. However, no landscaping or other obstructions shall be permitted 'within 5 feet of the alley right =of -way adjacent to off -sit Parking Lots 1 and 2. 17. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 18. The landscape plan shall include an irrigatio plan designed to minimize water 'usage and prevent over- watering. 19. The landscape plan shall include a maintenanc program which controls the use of fertilizers and .pes.tici des . 20. The landscape plan shall place heavy emphasis on the use of drought- resistant.'Inative vegetation. 21. Final .design of the project shall provide for the incorporation of- water- saving devices for project lavatories and other water -using facilities. 22. A provision for weekly debris cleanup around the commercial slip area shall be made prior to the occupancy of the proposed project. -51- 0 0 September 4, 1980 m MINUTES 23. Prior to the occupancy of the building, a program for the sorting of recyclable mater- ial from:other solid waste shall be develope and approved by the Planning Department. I 24. That the proposed parking layouis shall be subject to further review and approval by the Public Works Department. 25. The use of valets for parking shall be re- quired during all hours of operation. 26. A sufficient number of valets shall be em- ployed to prevent restaurant customers from having to wait in the street. 27.. Due to the demand for parking in this.area, it will be necessary for the applicants to ensure that the off -site parking lots are not used by others, to the satisfaction of the city Traffic Engineer. 28. That a minimum . of one parking space for each 40 sq. ft. of "net public area "',and one parking space for each 250 sq. ft. of floor area in the fish market shall by provided. 29. That all applicable conditions bf. approval of Resubdivision No. 650 required for this project be fulfilled. 30. That the existing underground fuel storage facility located on the proposed off -site Parking Lot No. 1 shall be. removed or filled in accordance with the requirements of the Building Department. 31. That all improvements .(curb, gu walk and paveout) be constructe Villa Way and 28th Street front Lots 27 and 2a, Block 225, with ramp to be constructed at the c Villa Way and 28th Street. Imp plans will be provided by the P Department. 32. That the existing substandard a ated curb and sidewalk along Ne -52- ter,.side- along the ges of an access rner of ovement blic Works d deterior- I sort Boule- 0 E September 4, 1980 33 KM! 35. . of Newport Beach MINUTES yard adjacent to.Lo.ts 4 - 8, Block 225, be reconstructed with new.standard curb and gutter and full width sidewalk. All unused existing drive approaches shall be closed up That full width concrete alley pavement be constructed in the alley parallel to Newport Boulevard, extending from 28th Street to the northerly line of Lot 8, Block 225. The design will be provided by the Public Works Department.. That a fifteen -foot radius corner cutoff at the southwesterly corner of Villa Way and 28th Street be dedicated to the public. That a standard agreement and accompanying surety be provided to guarantee the satis- factory completion of public improvements if it.is desired to obtain Building Permits before the public improvements are completed 36. That the applicant shall provide docking facilities for the existing commercial fishing vessels, and assure any rate in- creases will not exceed commercial index pricing and added cost, if mandated on tideland fees. 37. That.the retail seafood market shall be limited to said use, with no on -sale or .take -out food permitted. 38.. That the project shall provide elevator or ramp access for handicapped to the first and second floors of the restaurant. 39. That off -site Parking .Lot No. 3 be maintaine( in such a manner so as to provide.20 parking, spaces and that existing trash bins and materials be removed. 40. That the second -floor cocktail lounge of the restaurant shall not be open to the public prior to 6:00 p.m. during the week and prior to 12:00 noon on weekends. _53_ I IL September 4, 1980 on MINUTES Request to permit the installation of outdoor 11tem #16 lighting o.n 20 foot standards in conjunction with an existing tennis court in the R -1 District. USE PERMI LOCATION: Lot 185, Tract 2813, located at 401 Avocado Avenue on the south APPROVED westerly corner of Avocado Avenue CONDI- and Waterfront Drive in Corona del TIONALLY Mar. ZONE: R -1 APPLICANT: Charles.Wheeler, Corona del Mar OWNER: Same as applicant ■ Chairman Waidinger noted two letters.of approval which had been sent to the Planning Commission on this requested use permit. The public hear.ing was opened in connect.ion.with this item and Mr. Roy.Collins, representing the applicant,..appeared before the Commission and stated that they are in agreement with the recommendations of the staff report. Motion X Motion was made that the Planning-Commission ap- Ayes X X XK X prove Use Permit No: 1950 subject to the followin Noes X findings and conditions: Absent FINDINGS: 1. That the proposed use is consistent with the Land Use Element of.the General Plan and is compatible with surrounding land uses. 2.. The project will .not have any significant environmental impacts. 3. That the proposed illumination will be in- stalled in such a manner as to conceal the light source and to minimize light spillage and glare to the adjoining residential pro- perties. • -54- I I I 1 .1 sit • September 4; 1980 Lill Beach MINUTES 4. The approval of Use Permit No. 1950 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of.person residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City.. CONDITIONS: T. That development shall be in .substanti-al con- formance with the approved plot plan. 2. That the lighti.ng system shall be designed and maintained in such a manner as to conceal the light source and to minimize light- spill- age and glare to the adjacent residential uses. The plans shall be prepared and signed by'a Licensed Electrical Engineer; with a. Tetter from the Engineer stating that, in his opinion, this requirement has been met. 3. That the lights shall be turned off.by 11:00 p.m. daily.. Request to permit the conversion of an existing ground floor office into an efficiency.apartment to be used as.managers quarters for the Balboa Inn in the C -1 -2 District. LOCATION: Lots 12, 13, 14, 15, & 16, Block 10, Balboa Tract, located on.the northwesterly corner of -Main Street and West Ocean.Front in Central Balboa.. ZONE: C -1 -Z APPLICANT:. Chien -Shari Wang, Balboa OWNER:. Same as Applicant -55- ■ T+-- 417 ■ USE PERMIT NO. 1951 APPROVED CONDI- TIONALLY Motion Ayes Absent is 1MISSIONERS September 4, 1980 W City of Newport Beach MINUTES The public hearing was opened in connection with this item and Ms. Arlene Whipple, Manager of the Balboa Inn, appeared before the Commission and stated that they are in agreement with the re- .commendations of the staff report. lf X Motion was made that the.Planning Commission ap- X X X X prove Use Permit No. 1951 subject to the followin * findings and conditions: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the.General Plan and is compatible with the surrounding land uses. 2. The project will not have any significant environmental impacts. 3. The approval of Use Permit N.o. 1951 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and general welfare of per- sons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the generi welfare of the City. CONDITIONS: 1. That development shall be in substantial con formance with the approved plot plan and floor plans. 2. That the proposed efficiency unit shall not 'be used as a rental unit. Request to consider an amendment to Titles 19 and 20 of. the Newport.Beach Municipal Code as it pertains to the mailing of public notices for variance, use permit, lone change and similar applications to occupants and residents of pro- perty within a prescribed distance of a property. INITIATED BY: The City of Newport Beach -56- tem #18 MENDMENT 0. 548 ontinued 0�- er 18, 980. COMMISSIONERS MINUTES September 4, 1980 CFO City of Newport Beach CALL INDEX Mojtion X Motion was.made that the Planning Commission con- Ayes X X X X X. tinue Amendment No. 548 to the Planning Commissio Absent * meeting of September 18, 1980. * * * Consideration of proposed Land Use Plan and ITEM # 19 Development Policies for the Local Coastal Program. LOCAL COASTAL INITIATED BY: The City of Newport Beach PR R M' Continued Earlier in the evening, Chairman Haidinger had to Se tem- asked the audience if there was anyone present er 18:, . j who wished-to-address the Commission on the. 9 at Local Coastal Program. Chairman Haidinger noted :00 w. that no one came forth. M ' � n X Motion was made that the Planning Commission con - A X X X x*) tinue.the Local "Coastal-Program to the Planning A t * Commission.meeting of September 18, 1980, at 2:00 p.m. ADDI'TI`ONAL BUSINESS: Motion X Motion was made to set for discussion at the Ages X X X X Z October 9, 1980, Study Session, alternative methods Absent * of providing parking and a request to consider re- vised policy: for in =lieu fees and off -site parkin agreements. There being no further business, the Planning Commission adjourned at 11:10 p..m. George Cokas, Secretary Planning Commission City of Newport Beach -57-