Loading...
HomeMy WebLinkAbout09/04/1986COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers A�99G'rl �\ DATE: September 4, 1986 CITY OF NEWPORT BEACH Present I xl 1 xl xl xl All Commissioners were present. EX- OFFICIO MEMBERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Patricia Temple, Environmental Coordinator Craig Bluell, Senior Planner Donald Webb, City Engineer Dee Edwards, Secretary x x x Minutes of August 21, 1986:. Ms. Carol Korade, Assistant City Attorney, referred to page 23 of the subject Planning Commission minutes, and stated that references to fast food restaurants in the first paragraph should be deleted. Motion IxI Motion was made to approve the amended August 21, 1986, All Ayes Planning Commission Minutes. Motion voted on, MOTION CARRIED. • r � Request for Continuances: James Hewicker, Planning Director, recommended that the following items be removed from calendar: Item No. 6, Use Permit No. 3222, an automobile repair facility located at 2801 East Coast Highway, and Item No. 7, Use Permit No. 1527 (Amended), Edwards Theatre in Newport Center. Mr. Hewicker explained that staff would be required to readvertise the public notices if the applicants requested to continue with the public hearings. Motion Ix I Motion was made to remove from calendar Item No. 6, Use Albs Permit No. 3222, and Item No. 7, Use Permit No. 1527, (Amended). Motion voted on, MOTION CARRIED. MINUTES INDEX Minutes of 8 -21 -86 Request for COMMISSIONERS • CITY OF NEWPORT BEACH MINUTES September 4, 1986 INDEX General Plan Amendment No. 86 -1(G) (Public Hearing) (Item No.l A request to consider an amendment to the Land Use Element of the Newport Beach General Plan, so as to redesignate various portions of property within the unincorporated area known as Santa Ana Heights, from "Low- Density Residential" and "Medium- Density Residen- tial" to "Administrative, Professional, and Financial Commercial" and a combination of "Retail and Service Commercial" and "Administrative, Professional, and Financial Commercial," and designate the area as a Specific Plan Area. The proposal also includes the acceptance of an environmental document. INITIATED BY: The City of Newport Beach Robert Lenard, Advance Planning Administrator, reviewed, in brief, the history of Santa Ana Heights and the annexation process. He explained the procedures necessary to make the City of Newport Beach General Plan consistent with the County of Orange General Plan. Mr. Lenard explained that the changes from the subject General Plan Amendment would designate Santa Ana Heights as a Specific Plan Area area so that subsequent to the General Plan Amendment the City could develop special zoning standards for the area. He said that the subject General Plan Amendment would redesignate portions of the residential area of Santa Ana Heights for retail and office development, and would establish .5 Floor Area Ratio for the areas designated for retail and office uses. Mr. Lenard emphasized that no zoning standards or Specific Area Plan standards are being proposed or! considered by the City of Newport Beach at this time. Mr. Lenard stated that the County of Orange Specific Area Plan is currently in the public hearing process, and upon completion and adoption of the County Specific Area Plan, then the City of Newport Beach. will undertake a Specific Area Plan for the area at which time public hearings will be held before the Planning Commission and the City Council. Mr. Lenard commented that subsequent to the Specific Area Plan, which will serve as a pre- zoning for the area, the City would prepare an annexation cost benefit analysis and, assuming a favorable report, would go ahead with the adoption of a "Resolution of Intent" to annex, and that would begin the annexation proceedings. -2- GPA 86 -1(G) Resolution No. 1144 Approved COMMISSIONERS MINUTES 'Is m9 y y9'ooS y9 yl�9yQ� ;SCIn �9 CITY OF NEWPORT BEACH September 4, 1986 R ALL INDEX Chairman Turner pointed out that the concerns expressed by Santa Ana Heights regarding an Assessment District would not be an issue currently before the Planning Commission. The public hearing was opened in connection with this item, and Mr. Jack Mullan, 2031 'Mesa Drive, Santa Ana Heights, appeared before the Planning Commission. Mr. Mullan stated that he generally supports the Specific Plan because the Plan was what was negotiated between the interested parties. He stated that the property owner on Mesa Drive is in opposition to his property becoming an equestrian center. Mr. Mullan commented that the property owner has proposed to develop four 1/2 acres sites, and that there is a residential group who have a better location for an equestrian center on Cyprus Street. Mr. Mullan explained the affect that the proposed zoning change would have to the residents on Mesa Drive. James Hewicker, Planning Director, replied to Mr. Mullan's statements that the subject proposal does not pinpoint the location for the equestrian center, but • only as a permitted use in the residential area, and he explained that there would be an attempt to locate the equestrian center during the Specific Area Plan public hearings. In reference to the property owner subdividing the property on Mesa Drive, Mr. Hewicker said that there are specific provisions in the General Plan language that would prohibit further subdivision of those estate size lots. Mr. Mullan responded that the property site is unique in that the other properties all front on the bluff, and that this property prints on Mesa Drive and backs into two other estates. He commented that the subdivision would upgrade the neighborhood. Mr. Hewicker commented that the language before the Planning Commission for inclusion in the City's General Plan would prohibit the further subdivision of the estate size lots. Chairman Turner said that these standards have been brought from the County of Orange through the EIR 308 process. Carol Korade, Assistant City Attorney, commented that portions of the analysis of the . Environmental Impact Process could be altered if the -3- COMMISSIONERS y� 0`yt�yGy0 y4A99y ,py 9y�9 y CC�O Ci yo CITY OF NEWPORT BEACH MINUTES September 4, 1986 R ALL INDEX change would be minimal; however, she opined that subdividing an estate would not be considered minimal and that an Environmental Impact Report would have to be redone, and the change would have to be discussed with the County of Orange. Mr. Hewicker stated that if the Planning Commission considered the subdivision beneficial, then the General Plan could be amended at a later date, or the issue could be discussed during the Specific Area Plan public hearings. The public hearing was closed at this time. Motion x Motion was made to approve General Plan Amendment All Ayes 86 -1(G), Resolution No. 1144, amending the Land Use Element of the Newport Beach General Plan in designating Santa Ana Heights as a Specific Plan Area, and acceptance of Environmental Impact Report No. 508. Motion voted on, MOTION CARRIED. • • -4- COMMISSIONERS • GyyF �o y�f 'ai^ cy CITY OF NEWPORT BEACH MINUTES September 4, 1986 INDEX A. Use Permit No. 3120 (Amended) (Public Hearing) Item No.2 UP3120(A) Request to amend a previously approved use permit which permitted the reconstruction and expansion of the Balboa Fun Zone, located on property within the C -1 3205 District. The proposed amendment includes a request to allow a full service restaurant with on -sale beer and wine inasmuch as the existing use permit specifies that Approved all restaurants within the development shall be take- out restaurants unless an amendment to the use permit is approved. INITIATED BY: The City of Newport Beach APPLICANT: Balboa Fun Zone Ltd., Newport Beach AND B. Use Permit No. 3205 (Continued Public Hearing) Request to establish a full- service restaurant with on -sale beer and wine on the Fun Zone property in the C -1 District, and to waive a portion of the required off - street parking spaces. The proposal also includes • request to approve an off -site parking agreement for • portion of the additional required parking for said restaurant. LOCATION: Parcel 1 of Parcel Map 82 -706 (Resubdivision No. 724), located at 600 Edgewater Place, bounded by East Bay Avenue, Washington Street, Palm Street, and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANT: - Milano's Pizza Restaurant Balboa, Inc., Newport Beach OWNER: Balboa Fun Zone, Ltd., Newport Beach James Hewicker, Planning Director, referred to questions posed by several of the Planning Commissioners prior to the public hearing regarding the subject use permit, and in response to those questions Mr. Hewicker replied that the occupancy load assigned by the Fire Department to the subject premises is 60 -5- COMMISSIONERS dZ 9 \0111r,y �'y Z 6t CITY OF NEWPORT BEACH MINUTES September 4, 1986 R ALL INDEX persons, and that the present seating configuration in the interior of the restaurant including the various tables,, chairs and stools, would accommodate 78 persons, so the applicants are exceeding the occupancy load assigned to them by 18 persons; that one of the required exits by the Fire Department has been blocked by the location of 2 tables and 4 chairs; that generally use permits run with the land, however, if the Planning Commission requested to do so, the approval of the use permit could be restricted to the tenant. Mr. Hewicker further responded that the applicant previously stated that there would be a possibility that he would be able to obtain 9 off -site parking spaces across the street, and that the additional 9 parking spaces to the 5 parking spaces which they have in the subterranean parking structure, would give the applicant a total of 14 parking spaces. He said that if the use permit would be approved as a sit -down operation, the City's zoning regulations would require a total of 23 parking spaces, and with the 14 parking spaces, the applicant would be providing 618 of the . required parking. Mr. Hewicker pointed out that the parking for a sit -down restaurant is usually less restrictive then the parking for a take -out restaurant, which, in this case, would be 47 parking spaces. He explained that a take -out restaurant is employee intensive which requires additional parking, and a sit -down restaurant becomes visitor intensive. Mr. Hewicker suggested that if the Planning Commission wanted to consider tying the approval of the project to the applicant obtaining the use of the parking across the street, that there be an additional condition which would require how the parking lot is operated and how the parking lot would be restricted; that the parking lot would be used only for the employees of the restaurant; and that there be some type of parking management program so that when an employee left for the day he would be able to get his automobile off of the parking lot. In response to a question posed by Commissioner Kurlander regarding the proposed amendment to Use Permit No. 3120 permitting a sit -down restaurant, Mr. Hewicker replied that the subject location would be the only site permitted for a sit -down restaurant in the Fun Zone unless there would be other applications at a • later date. -6- COMMISSIONERS O Gy N y�f t^�y �y Yy 9 CITY OF NEWPORT BEACH MINUTES September 4, 1986 R ALL INDEX 'In response to questions posed by Commissioner Winburn regarding parking requirements for sit -down restaurants vs. take -out restaurants, Mr. Hewicker replied that the Municipal Code requires that parking required for a take -out restaurant is based on one parking space for each 50 square feet of gross floor area, plus one parking space for each employee due to a rapid turnover of customers coming and going and less labor intensive than a sit -down restaurant. He explained that parking for sit -down restaurants requires one parking space for each 30 square feet down to one parking space for each 50 square feet of "net public area" based on the operational characteristics of the restaurant and including employee parking. Commissioner Person opined that the subject application is a unique situation inasmuch as the entire Fun Zone property is covered by Use Permit No. 3120. He queried if through the subject public hearing, the existing tenants could be put on notice as to what the terms of the conditions of the use permit are as well as recording the use permit. He opined that there is a need for some type of action so that a situation similar to these circumstances (i.e. the conversion of a take -out restaurant to a sit -down restaurant) does not happen again in the future. Mr. Hewicker replied that the tenants could be put on notice by writing a letter, or to ask the landlord to inform each of the tenants and to provide the City with such evidence. Mr. Hewicker explained that recording conditions of the use permit against the property could be accomplished but that over a length of time there could be administrative problems. Discussion followed between the Planning Commission and staff regarding means of informing the tenants of the conditions of the use permit: Commissioner Koppelman suggested placing a condition on Use Permit No. 3120 requiring that at the time of signing the tenant lease, a copy of the use permit issued be attached, and Chairman Turner suggested that the Business License Department inform the tenant that conditions to a use permit exist. Mr. Hewicker replied that the Planning Department would be the Department that would notify a tenant of the conditions of the use permit and not the Business License Department, and in response to Commissioner Eichenhofer, Mr. Hewicker replied that the Business License Department informs future tenants if a use permit would be required prior to the issuance of a • Business License. -7- COMMISSIONERS GZZ� w0 9i�9 t^ �Z Z9 Z�CZO��yo CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX Mr. Albert Raymondi, applicant, appeared before the Planning Commission, and said that the applicants are still negotiating for the parking across the street. In response to questions posed by Chairman Turner, Mr. Raymondi replied that the applicant will dispose of the stools that are currently along the 'wall in order to meet the Fire Department's occupancy requirements, and that there is no longer a table blocking one of the exit doors. The public hearing was closed at this time. Commissioner Koppelman stated that the Planning Commission encouraged the developer of the Fun Zone to construct the project by waiving many of the requirements, and required parking only for employees. The approval did not allow sit -down restaurants, but only take -out restaurants, because sit -down or destination restaurants draw additional people, and the Planning Commission felt that would not be prudent in the Fun Zone area. She explained that the Fun Zone project was approved by requiring 56 parking spaces for employees which has now proven inadequate for the employees. Commissioner Koppelman explained that the Planning Commission has received applications from other restaurant owners on the Balboa Peninsula requesting intensification of use and waiving parking, and that up to this point the Planning Commission has "held the line" and not allowed the requests. Commissioner Koppelman stated that the owner of Milano's restaurant has testified that he was advised that he could have a restaurant similar to a Carl's, Jr, a take -out restaurant; however, even though the restaurant was seemingly a take -out restaurant when the plans were submitted to the Building Department showing the seating arrangement which was consistent with a fast -food restaurant, Milano's Restaurant was converted into a sit -down destination restaurant. Commissioner Koppelman opined that if the Planning Commission approved a sit -down restaurant in this location, then the parking requirement should be 23 parking spaces; however, at this point the applicant has not been able to come up with the additional 9 off -site parking spaces. Commissioner Koppelman stated that based on the aforementioned reasons, she recommended denial of the full - service restaurant, and to approve the request to _g_ COMMISSIONERS d' � nyt^ 9yF� oy !! O! yso CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX allow the service of on -sale beer and wine in Motion x conjunction with a take -out restaurant. Motion was made for approval of Use Permit No. 3205 in accordance with the findings and conditions in Exhibit "B ". In response to a request posed by Chairman Turner, Commissioner Koppelman added Condition No. 11, "that the occupant load shall be in accordance with the Fire Department regulations." Commissioner Person stated his concerns regarding the motion because he said that the seating probably will not change with or without the waiters or waitresses, that there could be an additional parking lot with 9 parking spaces, and whether the patrons pick up their food, and beer and wine at the table or whether the food is brought to them by a waiter will not influence the actual number of people coming into the restaurant. Commissioner Winburn stated that she supports the motion, because by approving the application there is a possibility that other property owners may wish to intensify their properties and not provide the required parking. In response to questions posed by Commissioner Kurlander regarding Use Permit No. 3205 requesting on -sale beer and wine, and Condition No. 58 of Use Permit No. 3120, which requires that Use Permit No. 3120 be amended to allow the sale of beer and wine, discussion followed between staff and the Planning Commission regarding the incorporation of the findings and conditions of the use permits. Further discussion followed between Commissioner Koppelman and staff if the amended use permit would pertain only to Milano's Restaurant and not the entire project, and if the amended condition would allow a subsequent tenant on the subject property to open a bar or saloon. Mr. Hewicker replied that any succeeding tenant must conform to the present use, or if that tenant were to change the operational characteristics to a saloon or bar then there would be a need for a new use permit. Ms. Korade recommended that Exhibit "B" be amended to state "Findings and Conditions of Approval for Use Permit No. 3205 and Use Permit No. 3120 (Amended) ". • -9- COMMISSIONERS ymCSA�.P�" ?G9� 4t G'y �9�y�Fy yy�y$CCyOCyyo CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX Commissioner Koppelman added Condition No. 12 amending Use Permit No. 3120, Condition No. 58, to allow beer and wine to be served only within the subject tenant space currently occupied by Milano's Restaurant. In response to a recommendation posed by Commissioner Kurlander, Commissioner Koppelman agreed to include Condition No. 13 requiring . the owner of the subject property to notify each of the tenants in the Fun Zone of the conditions of Use Permit No. 3120. In response to a discussion between the Planning Commission and staff regarding the applicant's approval of the findings and conditions imposed by the Planning Commission, Ms. Korade replied that the Planning Commission can impose conditions on a use permit regardless of the applicant's consent. Commissioner Eichenhofer referred to Condition No. 6, stating "that a conventional, full - service restaurant shall not be permitted and that the applicant shall discontinue the use of waiters and waitresses, the use of table settings and table cloths, the use of . reservations, the use of "Please Wait To Be Seated" signs and the use of dinner ware ", and following a discussion by the Planning Commission regarding the permissive uses of a take -out restaurant in reference to Condition No. 6, Commissioner Koppelman amended the condition to state "that the applicant shall discontinue the use of waiters and waitresses, the use of reservations, and the use of "Please Wait to be Seated" sign, and to delete "dinner ware, table settings, and table cloths" from the condition of approval. Motion was voted on to approve "Exhibit "B ", subject to the findings and conditions of approval for Use Permit No. 3205 and Use Permit No. 3120 (Amended) , to amend Condition No. 6 stating "that a conventional, full- service restaurant shall not be permitted and that the applicant shall discontinue the use of waiters and waitresses, the use of reservations, and the use of "Please Wait To Be Seated" signs; add Condition No. it "that the occupant load shall be determined by the Fire Department "; add Condition No. 12 "to amend Use Permit No. 3120, Condition No. 58, to allow beer and wine to be served only in the tenant space, known as Milano's Restaurant; and add Condition No. 13 "to notify all of the tenants of the Fun Zone of the findings and Al es conditions of Use Permit No. 3120. MOTION CARRIED. -10- COMMISSIONERS 0 I 9 CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX FINDINGS: 1. That the existing take -out restaurant with the addition of on -sale beer and wine is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, and is compati- ble with surrounding land uses. 2. That the conversion of the subject take -out restaurant to a conventional restaurant, as defined by the Newport Beach Municipal Code, represents an intensification of use that will result in an increased parking demand for the area. 3. That the addition of on -sale beer and wine does not represent an intensification of use that will increase the parking demand for the area. 4. That there is inadequate parking on the subject property or within public parking areas to provide for the additional parking spaces required for a conventional restaurant. 5. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, and utilities, will not be detrimental to adjoining properties. 6. The approval of Use Permit No. 3205, and Use Permit No. 3120 (Amended) as they pertain to the addition of on -sale beer and wine to the existing take -out restaurant will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. • -11- COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH INDEX 2. That this approval shall be subject to all appli- cable conditions of Use Permit No. 3120, Variance No. 1118 and Resubdivision No. 724. 3. That no off -sale beer or wine shall be permitted in conjunction with the take -out restaurant operation. 4. That the hours of operation for the subject take -out restaurant shall be in conformance with the approved operating hours for the Fun Zone Development as established by Use Permit No. 3120. Said hours of operation are from 5:00 a.m. to 12:00 midnight Sunday through Thursday, and 5:00 a.m, to 2:00 a.m., Friday and Saturday and recog- nized holidays. 5. That the service of on -sale beer and wine shall be incidental to the primary food service operation and all consumption of beer and wine shall be within the restaurant operation. • 6. That a conventional, full- service restaurant shall not be permitted and that the applicant shall discontinue the use of waiters and waitresses, the use of reservations, and the use of "Please Wait To Be Seated" signs. 7. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, and utilities shall be waived. B. That no dancing or live entertainment shall be permitted unless an amended use permit is approved by the Planning Commission. 9. That the Planning Commission may add to or modify conditions of approval of this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 10. That this use permit shall expire unless exercised within 24 months from the date of approval as specific in Section 20.80.090 A of the Newport Beach Municipal Code. -12- COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH 11. That the occupant load shall be determined by the Fire Department. 12. That an amendment to Condition No. 58 of Use Permit No. 3120 shall be permitted so as to allow beer and wine to be served only in the tenant space known as Milano's Restaurant. 13. That the property owner shall notify all of the tenants of the Fun Zone of the findings and conditions in Use Permit No. 3120,1 Exception Permit No. 23 (Discussion) Request to permit the relocation of two nonconforming free - standing identification signs and establish a new wall identification sign in conjunction with St. Mark Presbyterian Church and Harbor Reform Temple, on property located in the R- 3 -B -PRD District. • LOCATION: Record of Survey 56 -2 (Resubdivision No. 144), located at 2100 Mar Vista Drive, on the southwesterly corner of Jamboree Road and Eastbluff Drive, in Eastbluff. ZONE: R- 3 -B -PRD APPLICANTS: St. Mark Presbyterian Church and Harbor . Reform Temple, Newport Beach OWNERS: Same as applicants Mr. David Gilbert appeared before the Planning Commission on behalf of the applicants, and he stated that the applicants concur with the findings and conditions in Exhibit "A ". Motion IxI I I I I Motion was made to approve Exception Permit No. 23 .11 All Ayes subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the granting of an exception permit for the proposed sign is.necessary to protect a substan- tial property right, will not be contrary to the purpose of the Sign Ordinance and will not be 0 -13- INDEX Item No.3 EP23 Approved COMMISSIONERS • • t^9 9Z �n CITY OF NEWPORT BEACH MINUTES September 4, 1986 4LL INDEX materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. 2. That the proposed signs are tastefully designed and are compatible with the surrounding area and other identification signs in the area. CONDITION: 1. That development shall be in substantial confor- mance with the approved plot plan, and sign elevations. 2. That the final location of all signs will conform to City Standard 110 -L to ensure adequate sight distance. Use Permit No. 3223 (Public Hearing) Item No.4 UP3223 Request to establish a take -out sandwich shop with incidental seating and on -sale beer and wine, on property located in the M -1 -A District. The proposal Approved also includes a request to waive a portion of the required off - street parking spaces. LOCATION: Lot 49, Tract 3201, located at 3955 Birch Street, on the northwesterly side of Birch Street, between Dove Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANTS: Rich and Felicia Chin, Irvine OWNER: Birch Development Co., Newport Beach The public hearing was opened in connection with this item, and Ms. Felicia Chin, applicant, appeared before the Planning Commission. Ms. Chin stated that the applicants concur with the findings and conditions in Exhibit "A ". -14- COMMISSIONERS Motion All Ayes 0 • MINUTES September 4, 1986 CITY OF NEWPORT BEACH The public hearing was closed at this time. Motion was made to approve Use Permit No. 3223, subject to the findings and conditions in Exhibit "A ". Motion voted on, 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 environ- mental impact. 3. That the waiver of the development standards as they pertain to walls, utilities, traffic circula- tion, parking illumination and a portion of the required number of parking spaces, will not be detrimental to adjoining properties. 4. That the proposed take -out restaurant does not represent an intensification of use that will result in an increased demand for parking. 5. The approval of Use Permit No. 3223 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. MMTTTo M.q e 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. That a trash compactor shall be installed in conjunction with the proposed use. 3. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 4. That the development standards pertaining to walls, landscaping, utilities, traffic circula- tion, parking lot illumination and a portion of the required parking spaces shall be waived. -15- INDEX COMMISSIONERS GyNpC t� �� 9y CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX S. That no cooking shall be performed on -site unless an amendment to this use permit is approved by the Planning Commission. Said amendment could require the addition of kitchen exhaust fans, wash -out areas for trash containers, and grease intercep- tors. 6. That; trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 7. That no off -sale beer and wine shall be permitted in conjunction with the subject restaurant. 8. That the on -sale service of beer and wine shall be incidental to the primary food service operation of the restaurant. 9. That all mechanical equipment and trash areas shall be screened from Birch Street and adjoining properties. 10. That all improvements be constructed as required by Ordinance and the Public Works Department. 11. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 12. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 13. That the displaced and tree damaged sidewalk and deteriorated drive apron be reconstructed along the Birch Street frontage under an encroachment permit issued by the Public Works Department. The Parks, Beaches and Recreation Department should be contacted to see if the trees can be root pruned or removed and replanted. 14. That a minimum of 20 off - street parking spaces shall be provided for the subject restaurant. 15. That the Planning Commission may add to or modify conditions of approval of this use permit, or . recommend to the City Council the revocation of -16- COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No: 2051 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the construction of a commercial office building with a nighttime only restaurant on property located within the "Recreation Marine Commercial" area of the Mariners Mile Specific Plan Area. Said approval included: an off -site parking agreement for a portion of the required off- street parking; the use of compact . parking spaces; the service of on -sale alcoholic beverages and the use of valet parking in conjunction with the restaurant. The proposed amendment involves a request to allow the proposed restaurant to open for Sunday brunch and for private parties on Saturdays, whereas the existing use permit prohibits the opening of the restaurant before 5:00 p.m. daily. Said pro- posal also includes a request to amend the previously approved off -site parking agreement. LOCATION: A portion of Lot H, Tract 919, located at 2801 west Coast Highway, westerly of Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Gordon S. Barienbrock, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that staff submitted the subject staff report on the assumption that all of the remaining tenants in the building would be closed on Saturdays, Sundays and Holidays, producing • I I I I I I I I an additional 7 parking spaces that would be in excess of the parking spaces required by the restaurant in the -17- INDEX Itam Nn_5 UP2051A Approved COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH event that the restaurant was completely occupied for Sunday brunch, Saturday lunch, or private parties. He commented that staff has been informed that several tenants on the two lots are open for business on the weekends. Mr. Hewicker said that if this is a concern to the Planning Commission, an additional condition should be added to the use permit which would require the landlord to notify all of the other tenants not to be open for business on Saturday, Sunday, or Holidays. Commissioner Person stated that many marine - related uses are normally open on weekends. In response to a question posed by Commissioner Person, Mr. Hewicker replied that about 2,000 square feet of office uses would be permitted to be open on weekends and Holidays in accordance with the available parking spaces. The public hearing was opened in connection with this item, and Mr. Gordon Barienbrock, 1124 East Balboa Boulevard, applicant, appeared before the Planning Commission. Mr. Barienbrock stated that the original request for a Sunday brunch was inadvertently omitted • from the approved findings and conditions when Use Permit No. 2051 was approved by the Planning Commission on January 21, 1982. In reference to the required parking, Mr. Barienbrock stated that the businesses typically employ 15 employees Monday through Friday, and that there may be only 1 or 2 employees on the weekends. He said that the restaurant will not be working at full capacity during the Sunday brunch hours. Mr. Barienbrock commented that he cannot inform potential tenants they cannot work on Saturdays or Sundays. He said that there is not a parking problem on Saturdays or Sundays in the area, and that additional parking spaces will be provided. Mr. Barienbrock pointed out that there are currently 81 parking spaces and the restaurant requires 73 parking spaces. • In response to 'a question posed by Commissioner Winburn, Mr. Barienbrock replied that all of the boat slips bayward of the subject property are commercial slips for yacht sales. In response to a question posed by Commissioner Person, Mr. Barienbrock replied that there are no retail stores on the premises. -18- INDEX COMMISSIONERS 0 m? T+o+9 qti Gy s 9C �y Gy \Irr % sq 016 � 9y CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX Mr. Hewicker referred to Condition No. 5, Exhibit "A ", which states that the Planning Commission may bring back the use permit if the joint use of the restaurant on Saturdays, Sundays, or Holidays conflicts with the other tenants. Mr. Lewis Jackson, 115 South Acacia, Solano Beach, appeared before the Planning Commission. Mr. Jackson pointed out that The Chart House Restaurant was located in Newport Beach for 22 years. He said that the major use of the restaurant is not during the day on Saturdays and Sundays, but on the weekend evenings. In response to questions posed by Commissioner Kurlander, Mr. Jackson replied that private parties generally require less parking requirements because there are fewer automobiles. Commissioner Winburn referred to the January 21, 1982, Planning Commission minutes, and pointed out that there is a condition that states that the restaurant shall not be open prior to 5:00 p.m. on any day. • The public hearing was closed at this time. Commissioner Person stated that because the subject site has a cushion of 7 parking spaces and The Chart House Restaurant has been in Newport Beach for 22 Motion x years, motion was made to approve Use Permit No. 2051 . (Amended) subject to the findings and conditions in Exhibit "A ". Commissioner Person emphasized that in accordance with Condition No. 5, the Planning Commission may bring back the use permit at any time to review, modify or change conditions of approval, and he further stated that the condition was not in effect during the entire operation of The Chart House restaurant at their previous location. Chairman Turner stated that he will support the motion, and agreed with Commissioner Person's aforementioned statements regarding Condition No. 5. Motion voted on to approve Use Permit No. 2051 (Amended), subject to the findings and conditions in All Ayes Exhibit "A ". MOTION CARRIED. • -19- COMMISSIONERS fe.�.o ;7<tF yGE'c^GO p 8999 Ay GZ N ylC t^ 9yF� oy CC O �yy �� vy CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX FINDINGS: 1. That the proposed restaurant operation is consis- tent with the General Plan and the Land Use Element of the Local Coastal Program and is compatible with surrounding land uses. 2. That 'the proposed development will not have any significant environmental impact, providing that parking demands are met. 3. That the Police Department has indicated that they do not contemplate any problems. 4. That the off -site parking area is located so as to be useful to the proposed restaurant use. 5. That parking on such lot will not create undue traffic hazards in the surrounding area. 6. That the applicant has entered into appropriate leases for the off -site parking spaces, which are of sufficient duration for the proposed develop- ment. 7. That the use of shared parking so as to satisfy the additional off -site parking requirement is acceptable inasmuch as the daytime operation of the restaurant shall be limited to Saturdays, Sundays and recognized holidays when a majority of the office uses are closed. 8. That the approval of Use Permit No. 2051 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the subject development shall be in substan- tial conformance with the plot plan and floor plans approved by the Planning Commission on • January 21, 1982. -20- COMMISSIONERS • MINUTES September 4, 1986 CITY OF NEWPORT BEACH 2. That an amended off -site parking agreement shall be approved by the City Council, guaranteeing that the following off -site parking shall be provided: 7 parking spaces partially on the property and 25 parking spaces entirely on the property located at 2751 West Coast Highway (the easterly 100 feet of the westerly 250 feet of Lot H, Tract 919) for daytime use or Saturdays, Sundays and recognized holidays. 3. That the daytime operation of the restaurant shall be limited to Saturdays, Sundays and recognized holidays. 4. That all previous applicable conditions of ap- proval for Use Permit No. 2051 shall be fulfilled. 5. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 6. That this use permit shall expire unless exercised within twenty - four months from the date of appro- val as specified in Section 20.80.090 A of the Newport Beach Municipal Code. � * x Use Permit No. 3222 (Continued Public Hearing) Request to convert an existing automobile service station into an automobile repair facility in the C -1 District. LOCATION: Lot 1, Block F, Tract No. 323, - located at 2801 East Coast Highway, on the southeasterly corner of East Coast Highway and Goldenrod Avenue, in Corona del Mara ZONE: C -1 -21- INDEX Item No.6 UP3222 Removed From Calendar COMMISSIONERS Motion All Ayes • MINUTES September 4, 1986 CITY OF NEWPORT BEACH APPLICANT: Stephen Gregory Cash, Encinitas OWNER: - Same as applicant Motion was made to remove Use Permit No. 3222 from calendar. Motion voted on, MOTION CARRIED. A. Use Permit No. 1527 (Amended) (Continued Public Hearing) Request to amend a previously approved use permit which permitted an expansion of the existing Edwards Theatre complex in Newport Center located on property in the C -0 -H District. The proposed amendment includes a request to further expand the theatre so as to add two new auditoriums containing a total of 600 new seats. The proposal also includes: a modification to the Zoning Code so as to permit the use of compact parking spaces for a portion of the required off - street parking spaces; the approval of an amended off -site parking agreement; and the acceptance of an environmental document. AND B. Traffic Study (Continued Public Hearing) Request to approve a revised traffic study so as to allow the construction of two additional auditoriums at the Edwards :Theatre complex in Newport Center contain- ing 600 new seats. LOCATION:'` Parcel A of Parcel Map 25 -1 (Resub- division No. 260), and Parcel No. 1 of Parcel Map 60 -36 (Resubdivision No. 454) (building site): and Parcel A of Parcel Map 25 -1 (Resubdivision No. 260) and Parcel No. 2 of Parcel Map 60 -36 '(Resub- division No. 454) (off -site parking lots) , located at 300 Newport Center Drive, on the southeasterly corner of Newport Center Drive East and San Miguel Drive, in Newport Center. ZONE: C -O -H -22- INDEX Item No.7 UP 152 7A, TS Removed From Calendar COMMISSIONERS CITY OF NEWPORT BEACH APPLICANT: MINUTES September 4, 1986 Edwards Theatres Circuit, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach Motion x Motion was made to remove Use Permit No. 1527 (Amended) All Ayes and related Traffic Study from calendar. Motion voted on, MOTION CARRIED. • s Use Permit No. 3224 (Public Hearing) Request to permit alterations and additions to the existing Great American Savings facility on property located in the C -1 District on Balboa Island. The proposal also includes a request to waive all of the additional required off- street parking spaces for the proposed addition. LOCATION: Lots 35 and 36, Block 13, Section 4, Balboa Island, located at 301 Marine • Avenue, on the southwesterly corner of Marine Avenue and Balboa Avenue, on Balboa Island. • ZONE: C -1 APPLICANT: Krommenhock /McKeown & Associates, San Diego OWNER: Great American First Savings Bank, San Diego The public hearing was opened in connection with this item, and Mr. Tim Rubesh, representing the applicant, appeared before the Planning Commission. Mr. Rubesh referred to Condition No. 3 and recommended that the Condition be amended to state "required" instead of "repaired ". Chairman Turner replied that the error will be corrected. In response to a question posed by Mr. Rubesh regarding the required building improvements, Mr. Hewicker replied that the question should be addressed to the Building Department. -23- INDEX Item No.8 UP3224 Approved COMMISSIONERS $ No\;71\�- 9N000\1R\00600 CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX Ms. Betty Felling, Balboa Island resident, appeared before the Planning Commission. Ms. Felling described the intensification of traffic on Balboa Island, and the continued approval of waived parking surrounding the business area. Mr. Tim Rubesh reappeared before the Planning Commission in rebuttal to Ms. Felling, and stated that research has shown that 90 percent of the Great American First Savings Bank business will be walk -in. In response to questions posed by Chairman Turner, Ms. Carol Toole, Leasing Agent for the applicant, appeared before the Planning Commission. Ms. Toole replied that the subject operation will be replacing a video and photography business and a study- workshop, totalling three employees. Ms. Felling reappeared before the Planning Commission and emphatically stated that there are no parking spaces for the employees, and she opined that the employees will be parking on residential streets. • The public hearing was closed at this time. Commissioner Koppelman stated that because of the requested expansion of Great American Savings Bank that the applicants are requesting to waive 1 parking space, and that the Balboa Island residents will use the business more than people travelling to Balboa Island. Motion x Motion was made to approve Use Permit No. 3224, subject to the findings and conditions in Exhibit "A ". Chairman Turner stated that he would support the motion, and that this is a reasonable request for the Balboa Island residents. Motion was made to approve Use Permit No. 3224, subject to the findings and conditions in Exhibit "A ". Motion All Ayes - voted on, MOTION CARRIED. FINDINGS: 1. That the proposed uses on the site are consistent with the Land Use Elements of the General Plan and Local Coastal Program and are compatible with surrounding land uses. • 2. The project will not have any significant environ- mental impact. -24- COMMISSIONERS • MINUTES September 4, 1986 CITY OF NEWPORT BEACH 3. That the proposed addition is minor in nature and will not significantly increase the intensity of use or the parking demand of the subject property. 4. The approval of Use Permit No. 3224 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations. 2. That all additional required off - street parking is waived. 3. That the existing building on the subject property shall be structurally improved so as to resist earthquakes, as required by the Building Department. 4. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. * * The Planning Commission recessed at 9:00 p.m. and reconvened at 9:13 p.m. * * * -25- INDEX COMMISSIONERS Motion All Ayes dP99� o CITY OF NEWPORT BEACH MINUTES September 4, 1986 INDEX Use Permit No. 3225 (Public Hearing) Item No.9 Request to permit the establishment of a 32 bed, 24 UP 3225 hour care facility for the treatment of emotionally disturbed /depressed children on property located in the Approved. A -P -H District. LOCATION: A portion of Lot 148, Tract No. 1218, located at 745 Dover Drive, on the southwesterly corner of Dover Drive and 16th Street, just easterly of Newport Beach Harbor High School, in Cliff Haven. ZONE: A -P -H APPLICANT: Century Health Care of California, Newport Beach OWNER: Real Port, Newport Beach The public hearing was opened in connection with this item, and Mr. David Ellisor, representing the applicant, appeared before the Planning Commission. Mr. Ellisor stated that he concurs with the findings and conditions in Exhibit "A ". Mr. Ellisor commented on the positive relationship that the Newport Harbor Psychiatric Institute has had with the community since April, 1985. In response to a question posed by Commissioner Winburn, Mr. Ellisor replied that the majority of the patients are admitted from the Newport Beach area. In response to a question posed by Commissioner Person, Mr. Ellisor replied that the facility is referred by a variety of professional people within Orange County. The public hearing was closed at this time. x Motion was made to approve Use Permit No. 3225, subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. -26= COMMISSIONERS ' .AA ;fFfj �.G F FGOAn mm m am As cy m m� CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX 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 environ- mental impact. 3. The approval of Use Permit No. 3225 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and.working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substan- tial conformance with the approved plot plan and • floor plan. 2. That no patients having a history of assaultive or criminal behavior will be accommodated at the facility. 3. That experienced professional staff shall be present on the site at all times and that adequate supervision of patients shall be provided at all times. 4. That parents of children being treated at the facility shall sign a waiver permitting facility personnel to provide all necessary information to police in the case of runaways. 5. That a boundary wall meeting the requirements of Section 20.30.045 B of the Municipal Code shall be provided along the southerly property line, adjacent to the R -1 District. 6. That a stairway connecting the subject property with the property at 1501 16th Street shall be provided and that said stairs shall meet the requirements of the Uniform Building Code. -27- COMMISSIONERS '0 �4P 9 99 oy t^9 9y4� CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX 7. That the storage shed at the northwesterly corner of the site shall be removed. S. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That a standard use permit agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain a building permit prior to completion of the public improve- ments. 11. That the two drive approaches be reconstructed to conform to City Standard 116 -L. 12. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 13. That all mechanical equipment and trash areas be screened from views from Dover Drive and the surrounding properties. 14. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 15. This use permit shall expire unless exercised within twenty -four months from the date of ap- proval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. * * r • -28- COMMISSIONERS 0 Motion Allf s yGc^t^G°An 4 9 9 9 9 5 yy�y oy �C O ;yy �9 9y CITY OF NEWPORT BEACH MINUTES September 4, 1986 INDEX Use Permit No. 3226 (Public Hearing) Item No.10 Request to permit the construction of a single family UP3226 dwelling on property located in the R -3 District which includes a third floor enclosed stairway on the front Approved. one -half of the lot which exceeds the 24 foot basic height limit in the 24/28 Foot Height Limitation District.. - LOCATION: Lot 5, Block 15, East Side Addition, Balboa Tract, located at 1008 East Balboa Boulevard, on the northerly side of Balboa Boulevard, between "B" Street and "C" Street, on the Balboa Peninsula. ZONE: R -3 APPLICANT: Renato Corzo, Pasadena OWNER: Donald Cox, Los Angeles - The public hearing was opened in connection with this item, and Mr. Renato Corzo, applicant, appeared before the Planning Commission. Mr. Corzo described the model of the proposed three story structure and pointed out the roof heights and where the roof would be exceeding the allowable 24 foot basic height limit. Mr. Corzo stated that the proposed structure would result in more visual open space; would present a desirable architectural treatment; the height would not be visually undesirable because the volume occurs in the middle of the structure; the open space area exceeds the requirements; the structure would be comparable to other structures in the surrounding area; and the Floor Area Ratio is 1.79 times the buildable area which is less than the allowable buildable area. In response to a question posed by Commissioner Person regarding why a 64 square foot area exceeded the allowable 24 foot height limit, Mr. Corzo and Mr. Hewicker explained that the space will be utilized by one of the two fire escape stairways as required by the Uniform Building Code. The public hearing was closed at this time. Motion was made to approve Use Permit No. 3226, subject to the findings and conditions in Exhibit "A ", and Commissioner Person commended the applicant that a single family dwelling would be constructed in the R -3 District. Motion voted on, MOTION CARRIED. -29- COMMISSIONERS y� yffyOftyo CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX FINDINGS: 1. The project complies with all applicable stan- dards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of ap- proval, except for a portion of a roof that exceeds the basic height limit. 2. The project lot size conforms to the Zoning Code area requirements in effect at the time of ap- proval. 3. The project is consistent with the adopted goals and policies of the General Plan and the adopted Local Coastal Program, Land Use Plan. 4. The project will not have any significant environ- mental impact. 5. That adequate on -site parking spaces are proposed in conjunction with the residential development. • 6. The increased building height will result in more public visual open space and views than is required by the basic height limit inasmuch as there is a greater amount of open space on the site adjacent to East Balboa Boulevard and the Newport Bay. 7. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 8. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces. 9. The structure will have no more floor area than could have been achieved without the use permit for the building height. 10. The approval of Use Permit No. 3226 will not, under the circumstances of this case, be detri- mental to the health, safety,peace, morals,comfort -30- COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations except as may be noted below. 2. That two garage parking spaces and one open parking space shall be provided on the subject property. 3. That the proposed residential development shall meet the provision of Section 20.11.020 A and B, of the Newport Beach Municipal Code as to permit- ted building heights in the R -3 District except for the portion of the roof as shown on approved • 11111111 plans, which exceeds the 24 foot basic height limit on the front one -half of the lot. 4. That the applicant shall provide verification during the course of construction that the proposed development fully complies with the provisions of Condition No. 3 above. Required verification shall be prepared and certified by a licensed land surveyor or civil engineer prior to final inspection of rough framing. 5. That roof mounted mechanical equipment shall be fully screened and sound attenuated to 55 DbA at the property line. Said equipment and screening shall not exceed the basic height limit within the particular height limit district it is located. 6. That all improvements be constructed as required by Ordinance and the Public Works Department. 7. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. -31- INDEX COMMISSIONERS • y 0c^G Dp0 n m 9 9P oy CITY OF NEWPORT BEACH MINUTES September 4, 1986 INDEX 8. That the existing curb, drive apron and sidewalk be reconstructed along the East Balboa Boulevard frontage to current City Standards under an encroachment permit issued by the Public Works Department. 9. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No. 3227 (Public.Hearing) Item.No.11 UP3227 Request to permit the establishment of an automobile rental facility on four lots located within the M -1 -A District. Said facility will include administrative Approved offices, a customer service area, a car maintenance area, a car washing facility, fuel pump facilities, customer parking area and automobile storage area. The proposal also includes a modification to the Zoning Code so as to allow the following encroachments into the required 15 foot front yard setback: a ground identification sign and three small directional signs; two lift gates and a guard booth. LOCATION: Lots 13 -16, Tract No. 3201, located at 3952 -4020 Campus Drive, on the south- easterly side of Campus Drive, between Quail Street and North Bristol Street, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Hertz Corporation, New York OWNER: The Irvine Company, Newport Beach James Hewicker, Planning Director, referred to Exhibit "A ", Condition No. 16, and stated that the reference to Birch Street should be changed to Campus Drive. The public hearing was opened in connection with this item, and Mr. John Richards appeared before the Planning Commission on behalf of the applicant, and stated that the applicant concurs with the findings and conditions in Exhibit "A ". -32- COMMISSIONERS y c'O�'sF�G�oq 9�o�9F`Z Z9 Z��Zal,;y F9 yy� CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX Mr. Richards referred to Condition No. 15 stating "that all exiting driveways shall be limited to a single lane ", and requested that "or as approved by the Traffic Engineer" be added because the driveway design has not been completed and the applicants would like some flexibility in the design. In reference to Condition No. 16 "that a landscaped strip 18 feet wide shall be provided.." Mr. Richards explained that within the 18 foot landscaped area there will be a block wall to screen the parking lot from the street. The public hearing was closed at this time. Commissioner Koppelman referred to Use Permit No. 3023, Condition No. 2, as approved by the Planning Commission on March 10, 1983, stating "that all employees' vehicles and all rental vehicles shall be parked on the subject property at all times ", and she asked why the condition was not included in the subject use permit. Mr. Hewicker replied that staff would have no objections to the additional condition. Chairman • Turner pointed out that Condition No. 6 of the subject use permit states "that 46 parking spaces shall be maintained on site for customer and employee parking ". Motion x Motion was made to approve Use Permit No. 3227, subject to the findings and conditions in Exhibit "A ", All Ayes including amended Condition No. 15 "that all exiting driveways shall be limited to a single lane or as approved by the Traffic Engineer "; amended Condition No. 16 "that a landscaped strip 18 feet wide shall be provided along Campus Drive and that said landscaping shall be maintained;" add Condition No. 24 "that all employees' vehicles and all rental vehicles shall be parked on the subject property at all times." Motion voted on, 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 environ- mental impact. 3. The Police Department has no objections to the proposed use. -33- COMMISSIONERS • • CITY OF NEWPORT BEACH 4 MINUTES September 4, 1986 Adequate off - street parking spaces are being provided in conjunction with the proposed develop- ment. 5. The approval of Use Permit No. 3227 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and further that the proposed modification to permit a ground identification sign, three small directional signs, two lift gates and a guard booth is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS: 1. That the proposed development shall be in substan- tial conformance with the approved plot plan and floor plan. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties. 3. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 4. The applicant shall provide for weekly vacuum sweeping of all paved areas and drives. 5. That all servicing and cleaning of automobiles and dispensing of fuel shall be ancillary to the primary automobile rental operation and shall only be performed on vehicles owned by the rental operation. 6. That forty six (46) parking spaces shall be maintained on -site for customer and employee parking and that said spaces shall not be utilized for storage of rental vehicles. 7. That the parking lot area shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. -34- INDEX COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH INDEX S. That the on -site parking and vehicular circulation system be subject to further review by the City Traffic Engineer. 9. That the final location of all signs, gates and the guard booth shall conform to City Standard 110 -L to ensure adequate sight distance and shall be subject to the approval of the City Traffic Engineer. 10. That all supplies and automobile parts shall be stored within the Building. 11. That all spray painted signs shall be removed or painted over within sixty (60) days of this approval unless the building is demolished in the interim. 12. That all improvements be constructed as required by ordinance and the Public Works Department. 13. That a standard use permit agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain a building permit prior to completion of the public improve- ments. 14. That the proposed entrance and existing drive aprons be reconstructed per City Standard 166 -L; the unused drive aprons removed and replaced with curb, gutter and sidewalks; and the existing parking lot drains be reconstructed so as not to flow over the public parkway, but into private drains through the curb face per City Standard 184 -L. All work shall be constructed under an encroachment permit issued by the Public Works Department. 15. That all exiting driveways shall be limited to a single lane or as approved by the Traffic Engineer. 16. That a landscaped strip 18 feet wide shall be provided along Campus Drive and that said land- scaping shall be maintained. • 17. That outdoor storage on the site shall be limited to rental vehicles and that no boats or trailers shall be stored on the site unless an amendment to this use permit is approved. -35- COMMISSIONERS • MINUTES September 4, 1986 CITY OF NEWPORT BEACH 18. That all car wash activities shall be contained within the building. 19. That wash water shall drain into the sanitary sewer system and not into the bay or the storm drains. 20. 'That grease traps shall be provided in all drains where petroleum residues may enter the sewer system unless otherwise permitted by the Building Department. 21. That the existing fuel tanks shall be removed in accordance with the requirements of the Orange County Department of Environmental Health. 22. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 23. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 24, That all employees' vehicles and all rental vehicles shall be parked on the subject property at all times. x x x Use Permit No. 3218 (Public Hearing) Request to permit the conversion of an existing triplex into a Bed and Breakfast facility on property located in the R -3 District which will include four guest rooms and a manager /owner's unit. The proposal also includes a request to use tandem parking spaces for a portion of the required off - street parking. LOCATION: Parcel 1 of Parcel Map 95 -38 (Resub- division No. 532), located at 309 Marguerite Avenue, on the northwesterly -36- ri•W Item No.12 UP3218 Denied COMMISSIONERS. 0 CITY OF NEWPORT BEACH ZONE: APPLICANTS: OWNERS: MINUTES September 4, 1986 side of Marguerite Avenue, between Bayside Drive and Seaview Avenue, in Corona del Mar. R -3 Bennie H. and Carroll A. Mann, Laguna Niguel Same as applicants James Hewicker, Planning Director, commented that a letter was received prior to the public hearing from Edith Connor Church, 325 Marigold Avenue, in opposition to the application. The public hearing was opened in connection with this item, and Mr. Bennie Mann, applicant, appeared before the Planning Commission. Mr. Mann referred to Exhibit "B ", Conditions No. 2 and No. 3 in reference to the number of guests rooms to be provided, and he stated that by definition, a Bed and Breakfast facility consists of 4 to 35 guest rooms, and not 2 guest rooms as indicated in the aforementioned conditions. In response to a question posed by Chairman Turner, Mr. Hewicker replied that the City of Newport Beach does not have a definition for a Bed and Breakfast facility. Mr. Mann replied that the definition comes from within the "industry" and the Zoning Codes of neighboring communities in Orange County. Mr. Mann summarized his residency in Orange County. He pointed out that he has a concern regarding the traffic and noise pollution throughout the area, and that he would not request a permit that would hinder rather than help those conditions. He said that he intends to occupy the subject residence. Mr. Mann objected to staff's reference to "transient" and "commercial ", and he said that he has no intention of having "transients" in the area, and that he does not intend to have a "commercial" kitchen but that the breakfast will consist of a continental breakfast. Mr. Mann stated that valet parking will be provided for the guests. In response to a question posed by Chairman Turner, Mr. Mann replied. there will be valet tandem parking. He explained that six parking spaces are available for the automobiles within the garage area, and he described how the automobiles would be -37- INDEX COMMISSIONERS �" n yP 9 p9 q41 Gyu'9�y�y 9yt^,o CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX parked. In response to a question posed by Commissioner Kurlander, Mr. Mann replied that the guests will drop off their automobiles at the garage apron, and the valets will park the automobiles from that area. Mr. Bill Sansone, appeared before the Planning Commission as a representative of the Corona del Mar Community Association in opposition to the Bed and Breakfast facility because it would be incompatible within the residential community; there is inadequate parking on Marguerite Avenue; that the Bed and Breakfast facility would establish a precedent in the area; and that the facility would be detrimental to the residential character of the neighborhood. Mr. Sansone commented that Bed and Breakfast facilities are scattered throughout Newport Beach within the R -3 Districts; however, the Association is formulating a program to change the Zoning Code to eliminate Bed and Breakfast uses within R -3 Districts. Mr. Sansone pointed out that the Corona del Mar Community Association has collected 96 signatures prior to the public hearing, and eight to ten letters have been submitted to the Planning Commission in opposition to the application. In response to Chairman Turner, 21 persons attending the public hearing stood up in opposition to the application. Ms. Helen Miali, neighbor adjacent to the subject property, appeared before the Planning Commission in opposition to the application because the tandem parking would create more traffic and exhaust fumes. Mr. John P. Kelly, 717 Goldenrod Avenue, appeared before the Planning Commission in support of the Bed and Breakfast facility. Mr. Kelly referred to his recent vacation in Carmel and the many charming Bed and Breakfast facilities in that area. He attested to Mr. Mann's high moral character. Mr. George Mann, son of the applicant, 720 Goldenrod Avenue, appeared before the Planning Commission in support of the application. Mr. Mann stated that he was never notified of a meeting by the Corona del Mar Homeowners Association; that the applicants were not able to present their side of the story to the • Association; and that the Association's only comment has been that the facility would bring transient people -38- COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH INDEX and the facility would be commercial. Mr. Mann further stated that the facility would support the local restaurants because lunch and dinner would not be served, that the guests would patronize the retail businesses, and that there is no place to stay within Corona del Mar. Mr. Mann requested that a use permit be approved for a limited time to see how the facility would operate. Mr. Cabell Cobbs, 317E Marguerite Avenue, appeared before the Planning Commission in opposition to the application. Mr. Cobbs agreed with the applicant that "transient" may have the wrong connotation for the guests visiting the Bed and Breakfast facility. Mr. Cobbs stated that the residents intend to stay in the area, and the guests would be there for a short period of time; that the traffic is a concern; the subject structure is located in the center of the block and the traffic would cause congestion for the neighbors who use the alley as a thoroughfare. 1 1 1 11 1 1 1 Ms. Christine Sullivan, 310 Marguerite Avenue, appeared before the Planning Commission in opposition to the Bed and Breakfast facility. Ms. Sullivan stated that the City finds the project categorically exempt, and there would be no significant negative impact of the project. She expanded upon traffic and trip generation; on -site parking; the need for an Environmental Impact Report; and the social impact that the facility would have on the residential community. In response to Ms. Sullivan's aforementioned statements, Mr. Hewicker replied that to be categorically exempt from the California Environmental Quality Act does not mean that there are no planning issues involved. He said that the project is categorically exempt according to California State law, but that does not mean that there are no other issues, such as trip generation, turnover of guests, and traffic, and that staff has recommended that the proposed project be denied. Mr. Hewicker commented that the project can have impacts and be approved, and the project can be categorically exempt or have no impact, and be denied. The public hearing was closed at this time. I j I I I I I Chairman Turner commented that he objects to the I establishment of Bed and Breakfast facilities in an R -3 District and especially in the Corona del Mar area. -39- COMMISSIONERS Motion • All Ayes • X MINUTES September 4, 1986 CITY OF NEWPORT BEACH Motion was made to deny Use Permit No. 3218, subject to. the findings in Exhibit "A ". Commissioner Kurlander 'supported the motion, and he pointed out that the Planning Commission recently approved a Bed and Breakfast facility that was well located in Newport Beach in comparison to the subject Bed and Breakfast location. In response to a question posed by Commissioner Koppelman, Mr. Hewicker replied that the applicant may have three dwelling units to rent out by the day, week, or month throughout the year. However, the use would not permit him to operate a hotel, motel, or Bed and Breakfast facility. Commissioner Koppelman commented that the dwelling would remain a triplex instead of having breakfasts included. She said that she would support the motion. Commissioner Koppelman stated that the facility would be in a residential neighborhood that should remain residential; however, she would support a Bed and Breakfast facility in a proper location. Commissioner Person supported the motion and agreed to the aforementioned reasons. Motion voted on to deny Use Permit No. 3218, subject to the findings in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the proposed Bed and Breakfast Inn represents an intensification of use on the subject property. 2. That use of the subject property for a Bed and Breakfast Inn will reduce the local housing stock by two units. 3. That adequate parking does not exist for the proposed facility. 4. That the establishment, maintenance or operation of the subject inn on the subject property will under the circumstances of this particular case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. e -40- INDEX COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September 4, 1986 K LL INDEX A. Use Permit No. 1421 (Amended) (Public Hearing) Item No.13 Request to construct a 50,000 sq.ft. cancer center and UP 1421A covered walkway system in the Unclassified District. The proposal also includes: a request to allow a TS portion of the structure to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation Approved District; a request to establish an off- street parking requirement based on a demonstrated formula; and a modification to the Zoning Code so as to allow a portion of the required parking to be provided as compact spaces. Said proposal also includes the acceptance of an environmental document. AND B. Traffic Study (Public Hearing) Request to approve a traffic study so as to allow the construction of a 50,000 sq.ft. cancer center and covered walkway system in the Unclassified District. • LOCATION: A portion of Lot 172, Block 1, Irvine Subdivision, located at 4000 West Coast Highway, on the northerly side of West Coast Highway, between Newport Boulevard and Superior Avenue, on property known as Cal Trans East. ZONE: Unclassified APPLICANT: Hoag Memorial Hospital Presbyterian, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Michael Stephens, President of Hoag Memorial Hospital Presbyterian, appeared before the Planning Commission. Mr. Stephens explained that the cancer program is one of the most active and vital programs at the hospital, and the space allocated to the cancer center has not been increased since 1974. He said that statistics indicate that the activity has grown to the point that the need has exceeded the capacity. -41- COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH INDEX Mr. Stephens stated that every effort has been made to accommodate the expansion of the program; however, there is not enough space to provide patient treatment within the hospital. He further stated that the 23 acre Cal Trans parcel on West Coast Highway is the proposed site of the cancer center, and was purchased by the hospital three years ago. Mr. Stephens commented that the land was purchased with the idea that it would provide the hospital with the flexibility and space that they do not have at the current location. He explained that if the hospital had to expand at the current location that a structure seven or eight stories would be necessary for economic reasons. In response to concerns previously submitted by adjacent neighbors, Mr. Stephens replied that the parcel is the only adjacent site the hospital has, that the plan will have to service the area for the duration of the hospital's existence, and that the development will have to be on a planned basis over a considerable period of time. Mr. Stephens stated that the master • plan has not been completed. He said that the hospital has been considerate of the adjacent neighborhood, and the impact that the proposed development would have on the neighbors. Robert Shapiro, M. D., Acting Director of Radiation Therapy, appeared before the Planning Commission. Dr. Shapiro explained how important the cancer center will be to the treatment of cancer, the need to centralize the cancer care center on behalf of the cancer patient; and the importance and the mechanics of current radiation equipment. Mr. Phillip R. Schwartze, Vice President, Phillips Brandt Reddick, Planning Consultants, appeared before the Planning Commission and presented a slide presentation of the proposed project. Mr. Schwartz described the view analysis and the view impact that the proposed project would have on the surrounding neighborhood. He explained how the proposed project would be built into the bluff area to protect views; the pedestrian link between the current hospital structure to the proposed project; the service area from the existing parking structure; the utilization of the three floors of the proposed structure; the grading • I I I I I I I I and slope area of the proposed structure; relocation of the elevator tower and elevation; and the landscaping. Mr. Schwartze also referred to the scale model that was on display. -42- COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH INDEX Dr. Shapiro reappeared before the Planning Commission and introduced Mr. Ron Langseth, a former cancer patient of Dr. Shapiro. Mr. Langseth appeared before the Planning Commission and he explained the importance of the proposed cancer center from a patient's point of view, and he commented that the patient would benefit if the treatment would be entirely under one roof and also from convenient parking. Mrs. Laraine Eggleston appeared before the Planning Commission on behalf of the Sandpipers, a Community Support Group for Hoag Cancer Center. Mrs. Eggleston explained the need for the improvement of cancer treatment and she said that the Sandpipers have committed to raise $500,000.00 within the next three to five years, which would encourage other support groups and individuals in the area to provide the needed funds for the completion of the center. 1 I I I I I I I Mr. Michael Stephens reappeared before the Planning Commission and concluded the presentation by summarizing the aforementioned testimonies. Mr. • Stephens stated that he concurs with the findings and conditions in Exhibit "A ". Mrs. Clara Laidlaw, 240 Nice Lane, President of Villa Balboa Homeowners Association, appeared before the Planning Commission on behalf of the Homeowners Association. Mrs. Laidlaw stated that the foremost concern of the homeowners is the view impairment, and she said that further concerns are: if the connector link could be underground instead of above the ground; the service road could be lowered; and consideration of another location for the proposed center. Mrs. Laidlaw stated that the General Plan adopted by the City indicated that the 22 acre site would remain as open space, and that the Coastal Commission submitted a report indicating open space. She asked for a clarification to the staff report which reads "that this project is considered consistent with the General Plan ". Patricia Temple, Environmental Coordinator, responded to Mrs. Laidlaw's testimony, and stated that the staff did not do any specific analysis of the view impacts related to the service road and parking on the bluff. She said that staff's concern was the blockage of bay • I I I I I I I I and ocean views, and not encroachments into the "view shed ". In reference to the General Plan consistency, -43- COMMISSIONERS yGc^c�GO P 8999�'�ti GZ N 9f 'e t^ �yF� Gy ff O ;yy �� 9y CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX Ms. Temple stated that the City adopted and the Coastal Commission certified the Local Coastal Program is considered to be the City's most current General Plan within the Coastal zone. She said that the Land Use Plan designates the Hoag Hospital site as recreational and environmental open space but there is a specific provision within the designation which allows for the expansion,of Hoag Hospital facilities on the site. Ms. Temple further stated that staff indicated that the project was consistent with the General Plan, and also that in the event that Hoag Hospital pursued a master site development plan that a General Plan Amendment will be required. In response to the concern regarding another site location for the cancer center, Ms. Temple replied that staff did not do an additional analysis; however, Hoag Hospital did an analysis and they indicated that it was necessary to have a direct link to the existing campus, and she explained why the 'cancer center was located into the slope area so that Villa Balboa units would not have a view obstruction. In response to a question posed by Chairman Turner, Ms. Temple replied that the • service road and the small amount of parking would be between the cancer center and Villa Balboa. Discussion followed between Commissioner Kurlander, Chairman Turner, and Ms. Temple regarding lowering the access road. In response to questions posed by Chairman Turner and Mr. Hewicker, Mr. Phillip Schwartze reappeared before the Planning Commission and he explained 'why the inter -link between the cancer center and the hospital would be convenient for the in- patient and the out - patient. In response to a question posed by Commissioner Person regarding the legal responsibility of the Planning Commission granting or denying a discretionary approval as it relates to the protection of private views, Ms. Korade replied that the Planning Commission can consider private views under certain circumstances, and that in the standard use permit the private views can be considered but are not a controlling factor in reaching a decision. Mr. Tim Lombard, 280 Cagney Lane, #105, appeared before the Planning Commission on behalf of the Villa Balboa -44- COMMISSIONERS • y \M061rZ\::N, CITY OF NEWPORT BEACH MINUTES September 4, 1986 INDEX Homeowners Association. Mr. Lombard requested that the application_ be continued so that the Villa Balboa Homeowners Association may evaluate what impact the cancer center will have to the surrounding neighborhood. He said that representatives of Hoag Hospital have met with the homeowners, that the representatives were interested in their opinions and that changes were made to the original design. Mr. Lombard commented that 700 questionnaires have been mailed to Villa.Balboa homeowners, versaille homeowners and tenants, and that there has not been enough time to receive all of the replies. He said that 45 responses have indicated concerns regarding the environmental impact; opposition to the cancer center as it is currently planned; decrease in property values; and they request for legal counsel regarding the affect the development would have to their property. Mr. Lombard stated that his concern is what affect Hoag Hospital's proposed General Plan will have on the surrounding community. In response to questions posed by Chairman Turner, Mr. Lombard replied that there has not been enough time to make recommendations for change, and that the entire 22 acre parcel should be studied instead of the subject project site. Chairman Turner commented that previous testimony has stated that no long range projections have been made by the applicants. He further stated that 550,000 square feet would be roughly twice the size that Hoag Hospital currently is which would be a tremendous amount of growth, and that Hoag Hospital probably is not ready to build out at this time. Mr. Lombard rebutted that the applicants have prepared a design, and that the public should be given information and additional time. In response to a question posed by Chairman Turner, Mr. Lombard replied that the Villa Balboa Homeowners Association is requesting a continuation of thirty days. Mr. Paul Butler, 280 Cagney Lane, No. 110, appeared before the Planning Commission in opposition to the application on the subject site. Mr. Butler's presentation was regarding a newspaper article regarding the Newport- Inglewood Earthquake fault and the impact that an earthquake would have on the subject bluff site; City of Newport Beach Resolution No. 84 -49 adopted by the City Council on March 10, 1975, -45- COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH INDEX regarding geo- technical hazards within the City; the Coastal Commission identifying environmental sensitive areas including the coastal bluffs; that the subject application does not conform to the setback requirement; that 170 feet of bluff would be removed; that the cancer center be relocated to another site; that the Coastal Commission has requested no change in land use;; and that gas seepage and pressure is increasing in the subject area. In response to a question posed by Commissioner Winburn, Mr. Butler replied that his wife has owned the Villa Balboa residence since the development was completed, and that the proposed project will block their view of the turning basin; however, their concern is that the building could slide down the hill if there would be a large earthquake. In response to Mr. Butler's concerns, Ms. Temple replied that the subject site by definition is not a bluff, but that the site is an engineered cut slope and that the Coastal Commission recognizes the site as a slope. Ms. Temple stated that the State of California has conducted studies regarding the West Newport area and that there was a determination that the faults in the West Newport area have not experienced any earthquake movement for the past 10,000 years. In reference to the Public Safety Element, Ms. Temple stated that the slope is greater than 25 percent and is not considered a hazardous area. Chairman Turner stated that the State of California processes hospital Building Permits, and that the subject application would probably also be processed by the State. Ms. Lynn Smith, 950 Cagney Lane, appeared before the Planning Commission. Ms. Smith stated her concern that the Homeowners Association has not been given adequate time to analyze the proposed project; that Hoag Hospital has been allowed to "bootstrap" the General Plan by starting with the cancer center; why was Hoag Hospital permitted to develop on a site prior to owning the property; that the west side of Superior Avenue is considered a natural bluff, and recreational and open space area; the legal interpretation of bluff; that the project is not consistent with the General Plan; and • I I { ( I I I I why the Coastal Commission does not require a General I Plan Amendment for the cancer center. Ms. Smith emphasized the concern that she has regarding the bluff site. -46- COMMISSIONERS • MINUTES September 4, 1986 CITY OF NEWPORT BEACH INDEX 'Ms. Temple responded that the Local Coastal Program designation shows that the Cal Trans West site, westerly of Superior Avenue, as recreational and open space; however, that designation has been amended to multi - family residential. Mr. Jerry Scarboro, 280 Cagney Lane, Building No. 5, appeared before the Planning Commission, and he recommended that the Planning Commission look at the entire 22 acre facility. Mr. Scarboro's presentation stated his concerns and he requested additional studies regarding the service road; the traffic; noise; transportation implications of the total development; and the safety concerns of the service road. Mr. Wayne Lamb, 280 Cagney Lane, appeared before the Planning Commission. Mr. Lamb stated his concern that the Villa Balboa Homeowners Association has not had adequate time to study the proposed project; that the homeowners were of the opinion that the proposed site would remain as an open space area; and suggested that the applicants and homeowners come to a compromise regarding lighting, heights, and subterranean parking. Mr. Phillip Schwartze reappeared before the Planning Commission in response to previous testimony. He replied that no Master Plan for Hoag Hospital exists, that the model plan was prepared when the cancer center was conceived, and that the model was designed as a worse case situation for traffic circulation; that the subject site was determined because the link would minimize the distance between the existing hospital campus and the proposed cancer center; and he explained the results of the geo- technical studies. In response to questions posed by Chairman Turner, Mr. Schwartze responded that the applicants have attempted to acquaint the homeowners with the proposed project, and that he did not know what could be accomplished if the application would be continued. Chairman Turner explained that the homeowners may not be as knowledgeable of architectural design, and he commended the applicants regarding the usage of sticks outlining the proposed project on the subject site. Mr. Dan McGregor, 106 Cagney Lane, appeared before the Planning Commission, and commented that his view would be eliminated completely by the proposed project. His IF concerns are regarding the lowering of the passenger link to the cancer center; that Villa Balboa homeowners -47- COMMISSIONERS yGgc^'Lc^�Gygpi+ dy ?9y 'y CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX will experience depreciation in their property values; what affect an earthquake would have to Villa Balboa because the slope would be cut into; that the homeowners should be aware of Hoag Hospital's future development; and that he was requesting a continuation of thirty days. The Planning Commission recessed at 11:35 p.m. and reconvened at 11:43 p.m. Mr. Phillip Schwartze reappeared before the Planning Commission, and in reference to concerns regarding earthquakes, he explained that professional agencies that would be involved in the approval of the geo- technical study before the facility could be constructed. Mr. Schwartze stated that the applicants would be happy to work with interested homeowners during the public hearing process. Mr. W. W. Horningstar, 240 Nice Lane, appeared before the Planning Commission and stated his concerns that when he purchased his property that the subject site would .remain as open space; that the long range General • Plan for Hoag Hospital would consist of approximately 600,000 square feet including 12 buildings; that the service road would service all of the buildings from the third floor because it would not be aesthetically pleasing for the patients; that the impact of the proposed development should be studied and considered and what affect the proposed project will have on the residents of the surrounding residences; he referred to Finding No. 9 stating "that the use permit will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City ", and he rebutted that the project would be injurious to the welfare, that the project would be detrimental to property values, traffic and noise; and he commented that the City required an easement for a bicycle trail before Villa Balboa was developed. Mrs. Cordelia Ramsay Butler, 280 Cagney Lane, Building No. 5, No. 110, appeared before the Planning Commission, and requested that the cancer center not be developed on the proposed site because there would be a -48- COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH INDEX property depreciation for many of the residents. In response to a question posed by Chairman Turner regarding where the cancer center could be relocated, Mrs. Butler suggested the hospital's current parking area, and that the parking could go underground. She further commented that the third floor service area will obstruct views. In response to a question posed by Commissioner Person regarding the responsibility of the Planning Commission and the City Council concerning the protection of private views, Mr. Hewicker replied that the position of the City has been that when discussing the issues of view and view preservation, the City is talking about preservation of public and not the preservation of private views from private residences. He explained that the City is talking about preservation of views from public parks, public walkways, public bicycle trails, public streets and highways, and public buildings. In response to a question posed by Commissioner Winburn • regarding the preservation of view from the bicycle trail, Mr. Hewicker replied that he is aware that there would be some view obstruction by the elevator penthouse, and that the project has taken into consideration the preservation of views in terms of bringing the roof up to the maximum. Mrs. Butler reappeared before the Planning Commission, and added that there is a concern that hospitals could be developed in residential neighborhoods. Chairman Turner and Commissioner Person explained that the area has been zoned for hospital use. Ms. Korade referred to her previous statement regarding private, views and she explained that the private views cannot control the grantor denial of the use permit, that the function of the Planning Commission is not to protect private views. Mr. Kim Lombard reappeared before the Planning Commission', and he referred to the Land Use Plan and the view shed, and he stated that much could be accomplished if the homeowners and the applicants could discuss the proposed project. . 11111111 Mr. Tom Matthews, 220 Nice Lane, appeared before the Planning Commission questioning the credibility of Hoag Hospital and the presentations that the applicants have -49- COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH given to the homeowners and the Planning Commission. He said that the homeowners have had two weeks to review the proposed project and that he would request that the application be continued beyond thirty days. Mr. Matthews was concerned about the loss of property values and the traffic that would be generated by the development. In response to questions posed by Commissioner Koppelman regarding implementation of General Plan Amendment, Ms. Temple replied that the proposed plan is one building, that there is no Master Plan that has been submitted for review to the City. She said that the conceptual plan was in order for staff to do some base analysis on on -site circulation and staff would be allowed to do some base line analysis in terms of opportunities and constraints on the public view park that is designated within the recreational and open space element of the General Plan. Ms. Temple explained that the Land Use Plan as exhibited, has no official status, it is only a piece of information upon which the staff felt the Planning Commission could be • aided in reaching a decision on the cancer center. She further commented that staff does not know what the exact square footage is, and in no event would the approval of this project lead the City into approving any other amount on the balance of the site. Ms. Temple stated that staff has requested that the Planned Community Plan also be submitted simultaneously so that the actual structural siting can also be reviewed if any further amendment to the Local Coastal Program would be considered by the Planning Commission or City Council. The public hearing was closed at this time. Commissioner Person pointed out that the Villa Balboa residents will have opportunities to attend additional Motion x public hearings. Motion was made to approve Use Permit No. 1421 (Amended) and Traffic Study subject to the findings and conditions in Exhibit "A ". Commissioner Person explained that the Planning Commission has never been involved in the pure protection of private views, that the subject property is owned by Hoag Hospital, that the consideration is a 50,000 square foot facility, and that the.project is worthwhile. 1r� u -50- INDEX COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH Commissioner Koppelman stated that she would support the motion because an effort has been made on the part of the hospital to preserve views, the hospital is an advantage to the entire community, and that the project should not be delayed. Chairman Turner stated that he would support the motion. He pointed out that the current project is 50,000 square feet, and not the 600,000 square feet which would have to come before the Planning Commission and the City Council. Chairman Turner advised the homeowners that there will be further public hearings regarding the subject application. He said that the hospital has tried to be a good neighbor and is a valuable asset to the community. Chairman Turner emphasized the necessity of cancer research and treatment. Commissioner Eichenhofer stated that there is more at issue than views, and that she would support the motion. Commissioner Eichenhofer commented that the residents are concerned about the hospital's long -range plans and she encouraged the residents to attend other public hearings, and she suggested that Hoag Hospital keep the residents informed of further developments. Commissioner Merrill stated that Hoag Hospital cannot predict what will be developed in the future because there are constant changes in the manner that care is delivered, the requirements of insurance companies, creating surgical centers, and new technology. Chairman Turner agreed to Commissioner Merrill's statement. I I I I ( I Motion voted on to approve Use Permit No. 1421 (Amended) and Traffic Study subject to the findings and All Ayes conditions in Exhibit "A ". MOTION CARRIED. -51- COMMISSIONERS • yGC`t�GG n Gy N \Irlr�4'�9 � O ;yy CITY OF NEWPORT BEACH MINUTES September 4, 1986 INDEX A. ENVIRONMENTAL DOCUMENT Findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, the State CEQA Guidelines, and City policy, and that their contents have been considered in the decisions on this project. 2. That based on the information contained in the Initial Study, the project incorporates sufficient mitigation measures to reduce potentially signifi- cant environmental effects, and that the project will not result in significant environmental impacts. B. TRAFFIC STUDY Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the proj- ect- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street, so long as the committed improvement at Newport Boulevard and Hospital Road/Westminster Avenue is constructed. Condition: 1. That prior to the occupancy of the proposed project, the applicant shall contribute a propor- tional share as determined by the City, to the Circulation System Improvements for the inter- section of Newport Boulevard and Hospital Road/Westminster Avenue. -52- COMMISSIONERS • yGFt^G� O CITY OF NEWPORT BEACH MINUTES September 4, 1986 INDEX C. USE PERMIT NO. 1421 (AMENDED) Findings: 1. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modifications. 3. The increased building height will result in more public visual open space and views than is required by the basic height limit, in that the proposed building is a maximum of 6 feet higher than the existing upper level elevation. 4. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 5. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces, in that the proposed structure is similar in height to the adjacent Villa Balboa development. 6. The structure will have no more floor area than could have been achieved without the use permit for the building height. 7. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 8. The proposed number of compact car spaces consti- tutes 25 percent of the parking requirements which is within limits generally accepted by the Plan- . ning Commission relative to previous similar applications. -53- COMMISSIONERS �4p999 ,aS G9Z� ND 9i� �^ Cy CITY OF NEWPORT BEACH MINUTES September 4, 1956 R LL INDEX 9. The proposed Use Permit No. 1421 (Amended) and modification for compact parking will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City and further that the proposed modi- fication is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations, as modified by the preferred design alternative one, except as noted below. 2. Development of site shall be subject' to a grading permit to be approved by the Building and Planning Departments. 3. 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. 4. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 5. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. - 6. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 7. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of • the site. Permanent reproducible copies of the -54- COMMISSIONERS �0 Gy N y! A 9y�9 CITY OF NEWPORT BEACH MINUTES September 4, 1986 R ALL INDEX "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. S. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This report shall be reviewed and approved by the Planning and Building Department. 9. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. Any cut material stockpiled on the site shall be placed in such a location and manner as to prevent transport of silt or soil off -site. 10. Existing on -site drainage facilities shall be improved or updated to the satisfaction of the City of Newport Beach. 11. Any exposed slopes shall be planted as soon as possible to reduce erosion potential. No slope established on the site shall exceed 2:1. 12. The 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. The existing 42 -inch storm drain shall be extended if necessary. 13. If groundwater seepage is found to occur on the project site, the plan design should not block the seepage. Blockage could include higher water pressures which might influence slope stability. 14. A paleontological monitor shall be retained by the landowner and /or developer to attend pre -grade meetings and perform inspections during develop- ment. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. 15. Archaeological, paleontological, and historical resources within the coastal zone shall be inves- tigated in accordance with acceptable scientific procedures and appropriate mitigation measures -55- COMMISSIONERS Z�G�y�Zin�9�Zf � osc^ 9Z�Z oZ ff D �ZSo CITY OF NEWPORT BEACH MINUTES September 4, 1986 LROWLL INDEX (including testing, salvage or presentation) shall be adopted on a case -by -case basis in accordance with regular City policy. 16. Should fossils be recovered, a paleontological report shall be prepared for the project to satisfy the City of .Newport Beach K -5 and K -6 requirements. 17. If resources are recovered, they shall be donated to an appropriate natural history museum or foundation, such as the Orange County Natural History Foundation or the Los Angeles County Museum of Natural History. 18. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall integrate and phase 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 accor- dance with the prepared plan.) 19. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning and Public Works Department. 20. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 21. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over - watering. 22. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 23. Prior to issuance of building or grading permits, the geometrics and adequacy of the on -site access road for emergency vehicles shall be evaluated and approved by the Public Works Department. -56- COMMISSIONERS yGC^t^G� n m9999'�.pti Gy N 9C F y 9 y CCVyQ C,; S' c^9 9y� CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX 24. Emergency access from Newport Boulevard or Pacific Coast Highway shall be provided in a manner acceptable to the Public Works and Fire Depart- ments. 25. That prior to the issuance of building permits, the Fire Department shall review the proposed plans; and may require automatic fire sprinkler protection. 26. The Fire Department access shall be approved by the Fire Department. 27. That all buildings on the project site shall be equipped with fire suppression systems approved by the Fire Department. 28. That all access to the buildings be approved by the Fire Department. 29. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 30. The project applicant will coordinate with the City of Newport Beach fire department in relocat- ing the fire main. 31. Parking areas shall be paved early during con - struction activities. 32. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 33. The layout of the surface parking, including compact parking, shall be subject to further review and approval by the City traffic engineer. 34. All proposed development shall provide for vacuum sweeping of parking areas. 35. That all improvements be constructed as required by Ordinance and the Public works Department. 36. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstruction shall be considered in -57- COMMISSIONERS �BO��+ GZN9�'O t^ Z�oi d`Z CITY OF NEWPORT BEACH MINUTES September 4, 1986 R LL INDEX the sight distance requirements. Landscaping within the sight distance requirement may be approximately modified at non - critical locations, subject to approval of the Traffic Engineer. 37. That drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 38. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain 'facilities for the on -site improvements prior to issuance of any grading permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 39. County Sanitation District Fees be paid prior to issuance of any Building Permits. 40. Prior to issuance of building or grading permits, • a bicycle trail study shall be conducted in a manner acceptable to the City Public Works Department. The study will evaluate the possibil- ity of a bicycle trail connection from the Villa Balboa blufftop trail to Pacific Coast Highway. 41. That a minimum 10 -foot wide bike trail be con - structed to connect the Coast Highway bike trail at Newport Boulevard with the Villa Balboa bike trail /emergency access road. 42. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 43. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 44. Mechanical equipment shall not be located on the roof of the structure. • -58- COMMISSIONERS MINUTES September 4, 1986 CITY OF NEWPORT BEACH INDEX 45. That any mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 Dba at the property line. 46. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said installations shall be sound attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be ap- proved by the Planning Department. 47. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 48. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a Licensed Elec- trical Engineer; with a letter from the engineer stating that, in his opinion, this requirement has been meta 49. The structure shall be designed to protect the building from gas accumulation and seepage, based on the recommendations of a geotechnical engineer. 50. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 51. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090;A of the Newport Beach Municipal Code. A D J O U R N M E N T: 12:18 a.m. Adjournment + x rr • PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION