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HomeMy WebLinkAbout09/08/1988 (2)COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers y F F N m TIME: 7:30 p.m. DATE: September 8, 1988 CITY OF NEWPORT BEACH ROLL CALL INDEX Present * * * k k All Commissioners were present. :tic* EX- OFFICIO OFFICERS PRESENT: Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager W. William Ward, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes of August 18, 1988: Minutes of 8 -18 -88 Chairman Pers6n requested that the last paragraph on • page 23 of the subject Minutes be deleted inasmuch as it was not applicable to the item. Motion Motion was made and voted on to approve the amended All Ayes August 18, 1988, Planning Commission Minutes. MOTION CARRIED. Public Comments: Public Comments No persons came forth to speak on non- agenda items. Posting of the Agenda: Posting of the William R. Laycock, Current Planning Manager. stated Agenda that the Planning Commission Agenda was posted on Friday, September 2, 1988, in front of City Hall. Request for Continuances: Request for William Laycock, Current Planning Manager, stated that Continuance • the applicant, Abundant Life Community Church, has requested that Item No. 9, Use Permit No. 3320, regarding the establishment of a church facility located at 3931 -A and 3933 Birch Street, be withdrawn; that the applicant, John Snelgrove, has requested that Item No. COMMISSIONERS yB 9 9 yA G99u'oyC y oCITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX 10, Use Permit No. 3322, regarding the establishment of a second dwelling unit located at 408 San Bernardino Avenue, be continued to October 6, 1988; and that the applicant, Village Green Foods, has requested that Item No. 11, Use Permit No. 3324 regarding the installation of food carts, located at 4400 Macarthur Boulevard, be continued to the September 22, 1988, Planning Commission Meeting. Chairman Pers6n and Carol Korade, Assistant City Attorney, discussed the required procedure to initiate an Ordinance establishing regulations pertaining to Second Dwelling Units and Granny Units after an application has been received from an applicant requesting a second dwelling unit. Motion * Motion was voted on to continue Item No. 10, Use Permit All Ayes No. 3322 to the October 6, 1988, Planning Commission meeting, and to continue Item No. 11, Use Permit No. 3324 to the September 22, 1988, Planning Commission meeting. MOTION CARRIED. A. General Plan Amendment 87 -1(A) and (E)(Continued item A Public Hearing) GPA 87 -1A These amendments involve major revisions to the Land Use -6'E and Circulation Elements of the Newport Beach General Plan. The proposed revisions to the Land Use Element LCP #13 involve establishment of various densities and intensities of development citywide. The revisions to Rec & OS the Circulation Element include modifications to the Elements City's adopted Master Plan of Arterial Highways as well as a reevaluation of the necessary roadway improvements No Action and funding sources available to the City of Newport Necessary Beach. AND B. Local Coastal Program Amendment No 13 (Continued Public Hearing Amendments to the Local Coastal Program Land Use Plan to conform its provisions with respect to permitted land uses to the Land Use Element of the General Plan. • AND -2- COMMISSIONERS • �y o o� C` 9yo September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX C. Minor revisions to the Recreation and Open Space Element and Housing Element of the Newport Beach General Plan in order to ensure consistency with the Land Use Element. (Continued Public Hearing) INITIATED BY: The City of Newport Beach Note: The Planning Commission voted on this item at the Planning Commission Special Meeting on this date, and so no action was necessary at this time. Exception Permit No. 30 (Amended)(Discussion) Item No.l Request to amend a previously approved exception permit EP N0.30 which permitted the installation of a variety of wall and projecting signs which exceeded the allowable number Approved of such signs in conjunction with the Edgewater Place development. The current proposal would permit the installation of one additional 7± sq.ft. wall sign on the southerly building elevation. • LOCATION: Lots 1, 2, 3, 7, 8, 9, 10, 11, 12, a portion of Lot 4, an unnumbered lot, and a portion of a vacated public alley all in Block 3 of the Balboa Bayside Tract; Lots 22 and 23, Block A of the Bayside Tract; and a portion of vacated Edgewater Place, located at 309 Palm Street, on the northerly side of East Bay Avenue between Palm Street and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: John Howenstine, Inc., Costa Mesa OWNER: Balboa Landing Partnership, Los Angeles William Laycock, Current Planning Manager, circulated photographs depicting where the proposed sign will be installed. There being no one desiring to appear and be heard, the discussion was closed at this time. was made and voted on to approve Exception Permit WyMotion es No. 30 (Amended) subject to the findings and conditions s in Exhibit "A ". MOTION CARRIED. -3- COMMISSIONERS � � September 8, 1988 ymGy 9N y9 w Ti py90 �y �< 920 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX FINDINGS: 1. That the proposed sign will be compatible with surrounding land uses. 2. That the proposed sign will not have any significant environmental impact. 3. That the proposed signage and graphics are consistent with the character and design of the building. 4. That the total square footage of all wall signs is well below the maximum permitted. 5. That the granting of this exception will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be 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. CONDITIONS• 1. That development shall be in substantial conformance with the approved site plan and elevation. 2. That the applicant shall obtain a building permit for the proposed sign prior to its installation. Resubdivision No 881 (Public Hearing) Item No.2 Request to resubdivide a portion of an existing lot into 8881 a single parcel of land for a two unit residential condominium development on property located in the R -2 Approved District. LOCATION: A portion of Lot 4, Block 8, Tract No. 27, located at 3233 Broad Street, on the westerly side of Broad Street between Bolsa Avenue and Westminster Avenue, in Newport Heights. ZONE: R -2 -4- COMMISSIONERS y 4o0+t0 aratn September 8, 1988 G9 oyyQ y0 y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX APPLICANT: Robert Wise, Newport Beach OWNER: Same as applicant ENGINEER: Alpine Consultants, Inc., Laguna Hills William Laycock, Current Planning Manager, stated that the applicant has advised that there is currently a duplex on the property, and he recommended that Condition No. 8 requiring a park dedication fee be deleted inasmuch as the applicant would not be creating an additional unit. The public hearing was opened in connection with this item, and Mr. Robert Wise, applicant, appeared before the Planning Commission. Mr. Wise stated that he concurs with the findings and conditions in Exhibit "A ". Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission in support of park dedication fees maintaining parks in the Newport Heights area. • There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Resubdivision No. 881, subject to the findings and conditions in All Ayes Exhibit "A ", including the deletion of Condition No. 8. MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. • 4. That public improvements may be required of a developer per Section 19.08.1020 of the Municipal Code and Section 66415 of the Subdivision Map Act. -5- COMMISSIONERS • ymG�y���4y9f 90� f September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX CONDITIONS: 1. That a parcel map be recorded prior to occupancy. The parcel map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the pubic improvements if it is desired to record a parcel map prior to completion of the public improvements. 4. That each dwelling be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. S. That curb, gutter and sidewalk be reconstructed along the Broad Street frontage under an • Encroachment Permit issued by the Public Works Department. 6. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. The City may have preliminary improvement plans that may be used as a basis for design. 7. That the Public Works Department plan check and inspection fee be paid. 8. Deleted. 9. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. -6- COMMISSIONERS ymp9 �,pa�9� 9y 9t September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Resubdivision No. 882 (Public Hearing) Item No.3 Request to resubdivide four existing lots into a single 8882 parcel of land for commercial purposes, on property located in the C -1 District. Approved LOCATION: Lots 1 through 4, Block 115, Tract No. 234, located at 1500 West Balboa Boulevard, on the northwesterly corner of West Balboa Boulevard and 15th Street, on the Balboa Peninsula. ZONE: C -1 APPLICANT: Balalis Corporation, Newport Beach OWNER: Same as applicant ENGINEER: Valley Consultants, Inc., Santa Ana Don Webb, City Engineer, referred to a memorandum that the Public Works Department distributed to the Planning • Commission that explains staff's recommended changes and additions to the findings and conditions in Exhibit "A ". He explained that the project's frontage would be on West Balboa Boulevard instead of 15th Street as staff had anticipated; therefore, to provide safe access to and from the site for pedestrians, the sidewalk and setback requirements on West Balboa Boulevard have been amended. Mr. Webb stated that the applicant has agreed to apply for a modification requesting an encroachment into the rear yard setback adjacent to an alley. Mr. Webb stated that Finding No. 5 be amended to state "..and a driveway along West Balboa Boulevard within 100 feet of the corner..; add Finding No. 8: "that pedestrian access and sight distance require a building setback of six feet along West Balboa Boulevard. "; modify Condition No. 6: ...the relocation of an existing traffic signal pole and catch basin is to be coordinated with a Public Works Project... "; and add Condition No. 13: "that the building be set back 6 feet from the West Balboa Boulevard right -of -way line with this area being used one -half for landscaping and one - half for walkway." • The public hearing was opened in connection with this item, and Mr. Paul Balalis, applicant, appeared before the Planning Commission. Mr. Balalis stated that he concurs with the findings and conditions in Exhibit "A ", -7- COMMISSIONERS September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX as amended, and that he agrees to apply for a modification requesting an encroachment into the rear yard setback. Mr. Balalis stated that the additional front yard setback would be beneficial to the City and to the applicant. In response to a question posed by Commissioner Debay Mr. Balalis referred to the plot plan and described the proposed development. In response to a question posed by Commissioner Di Sano, Mr. Balalis replied that a large portion of the project would be owner /user. Mr. George Waggoner, 200 - 15th Street, appeared before the Planning Commission to state his concerns regarding toxic residue and the alley's ingress /egress off of 15th Street. William Laycock, Current Planning Manager, referred to Condition No. 10 which requires that no building permits shall be issued until soil cleansing requirements are met. Mr. Webb described the alley • circulation system. Mrs. Alberta Schwarm appeared before the Planning Commission stating her concern that the proposed development's uses may affect the traffic circulation of the adjacent apartment complex. Mr. Balalis reappeared before the Planning Commission. He said that the proposed uses would be retail and office, and he commented that the soil on the site is in the process of being cleansed. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Resubdivision All Ayes No. 882 subject to the findings and conditions in Exhibit "A ", as amended. MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. • . 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, -8- COMMISSIONERS yd T 9 y � G�9N(3 C 0 CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That soil contamination associated with the former gasoline service station could render the site physically unsuitable for development unless suitable arrangements for soil cleansing were made. 5. That the Fifteenth Street and West Balboa Boulevard intersection is very busy, and a driveway along West Balboa Boulevard within 100 feet of the corner may add to congestion. 6. That a larger radius curb return is needed at the intersection of West Balboa Boulevard and Fifteenth Street in order to accommodate increased traffic. 7. That public improvements may be required of a developer per Section 19.08.1020 of the Municipal • Code and Section 66415 of the Subdivision Map Act, 8. That pedestrian access and sight distance require a building setback of six feet along West Balboa Blvd. CONDITIONS, 1. That a parcel map be recorded prior to issuance of building permits unless otherwise approved by the Public Works and Planning Departments. The Parcel Map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. -9- COMMISSIONERS ym \V'1 9 o CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX 5. That a 15 foot wide radius corner cutoff at the corner of West Balboa Boulevard and 15th Street be dedicated to the public. 6. That the existing curb return at the intersection of 15th Street and West Balboa Boulevard be reconstructed to a 25 foot radius including the construction of a curb access ramp. The relocation of an existing traffic signal pole and catch basin is to be coordinated with a Public Works Project. That all drive aprons be removed and replaced with curb, gutter and sidewalk along the West Balboa Boulevard and 15th Street frontages and that the deteriorated sections of sidewalk, curb and gutter be reconstructed along the West Balboa Boulevard and 15th Street frontages under an encroachment permit issued by the Public Works Department. 7. That the Public Works Department plan check and inspection fee be paid. 8. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110 -L. 9. That vehicular access to the site be taken from the alley, or 15th St. 10. That in the event that further testing reveals the presence of contaminated soils on the site, no building permits shall be issued until any soil cleansing requirements of the Orange County Health Care Agency, Environmental Health are met. 11. That the applicant shall obtain Coastal Commission approval prior to the recordation of the parcel map. 12. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. 13. That the building be set back 6 feet from the West Balboa Boulevard right of way line with this area being used one -half for landscaping and one -half for walkway. -10- COMMISSIONERS o Q•G� September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Site Plan Review No. 44 (Public Hearing) Item No.4 Request to permit the construction of a one story retail SPR No.44 commercial building with subterranean parking on property located in the Corona del Mar Specific Plan Approved Area where a Specific Plan has not yet been adopted. The proposal also includes a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces for a portion of the required off - street parking requirement; and the acceptance of an environmental document. LOCATION: Lot 1, Block F, Tract No.323, located at 2801 East Coast Highway, on the southwesterly corner of East Coast Highway and Goldenrod Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: C & H Development Company, Orange . OWNERS: Roger N. and Steven Gregory Cash, Encinitas William Laycock, Current Planning Manager, recommended that the following Finding No. 13 be added to Exhibit "A" inasmuch as the service station will be demolished: "Implementation of the project will result in demolition of the current structure and excavation for a subterranean parking structure. Although the gasoline storage tanks and pump islands have been removed, there might be a risk of explosion or release of hazardous substances during construction." The public hearing was opened in connection with this item, and Mr. Terry Clingan, applicant, appeared before the Planning Commission. Mr. Clingan concurred with the findings and conditions in Exhibit "A ", as amended. Mr. Clingan stated that the proposed project will enhance the village atmosphere of Corona del Mar. Mr. Dick Nichols, 519 Iris Avenue, appeared before the Planning Commission on behalf of the Corona del Mar Community Association to oppose the proposed tandem parking spaces. Mr. Don Hertel, architect, appeared before the Planning Commission. Mr. Hertel stated that if tandem parking would be eliminated, the size of the proposed project -11- COMMISSIONERS FF Zm 9 9 9m G� 9 Npy9� 09=- y CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX would be affected. Discussion ensued between Mr. Hertel, Commissioner Merrill, and Don Webb, City Engineer, regarding the curb cut on Goldenrod Avenue and the affect the driveway would have on nearby residents. Mr. Hertel explained that the proposed curb cut is almost in the exact location of the existing curb cut, and Mr. Webb stated that the driveway should not be closer to East Coast Highway. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion : Motion was made to approve Site Plan Review No. 44, and related Environmental Document, subject to the findings and conditions in Exhibit "A ", including recommended Finding No. 13. Commissioner Pomeroy stated that he would support the motion inasmuch as the proposed project will enhance the area, that it minimizes the bulk on East Coast Highway, and that he prefers tandem parking spaces as opposed to in -lieu parking. Commissioner Debay stated that she would support the motion inasmuch as the project will enhance the area. Chairman Pers6n stated that he would support the motion. He compared the .57 times buildable area of the proposed project to the .5 times buildable area that the Planning Commission has recommended for the area in the General Plan Review to the City Council. Motion was voted on to approve Site Plan Review No. 44 and Environmental Document subject to the findings and conditions in Exhibit "A ", including the foregoing All Ayes Finding No. 13. MOTION CARRIED. A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document . have been considered in the various decisions on this project. -12- COMMISSIONERS y�G yoy9i 9y'ys 9y Ot y !� O September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 3. The project will not have any significant environmental impact. B. Site Plan Review No. 44 Findings 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program and is compatible with the surrounding land uses. 2. That adequate off - street parking and related vehicular circulation will be provided. 3. That the elimination of the existing driveways onto East Coast Highway will result in the provision of 3 new on- street parking spaces. 4. The proposed development is a high - quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 5. The proposed development does not adversely affect the public benefits derived from the expenditures of public funds for improvement and beautification of street and public facilities within the area. 6. The proposed development will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. 7. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. 8. That vehicles making right turns from Goldenrod Avenue to East Coast Highway require a larger radius curb return to safely make the turn and merge into East Coast Highway traffic. 9. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. • 10. That improvements may be required of a developer per Section 20.01.070 of the Municipal Code. -13- COMMISSIONERS ymG� ��N �9C '9yo9c September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 11. That the approval of a modification to the Zoning Code, so as to allow the use of compact and tandem parking spaces will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 12. That the approval of Site Plan Review No. 44 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 to the general welfare of the City. 13. Implementation of the project will result in demolition of the current structure and excavation • for a subterranean parking structure. Although the gasoline storage tanks and pump islands have been removed, there might be a risk of explosion or release of hazardous substances during construction. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted in the following conditions. 2. That a maximum of four (4) guest compact spaces shall be permitted on site. 3. That no building or grading permit for the proposed building shall be issued until soil is cleansed to the satisfaction of the Orange County Health Care Agency, Environmental Health. 4. That all employees shall park on -site, and that employee parking shall be clearly identified. 5. That the required number of handicapped parking spaces shall be designated within the on -site parking area. Said parking spaces shall be accessible to the handicapped at all times. One -14- COMMISSIONERS September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX handicapped sign on a post shall be required for each handicapped space. 6. That all signs shall conform to Chapter 20.06 of the Municipal Code. 7. That development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 8. That the grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize impacts from silt, debris and other water pollutants. 9. The grading permit shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize the impact of haul operations. 10. That an erosion, siltation and dust control plan shall be submitted and be subject to the approval • of the Building Department and a copy forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 11. That the fill, grading and recompaction of the site shall be conducted in accordance with plans prepared by a Civil Engineer and based on the recommendations of a soil engineer or an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 12. All rooftop and other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line, and that all mechanical equipment shall be screened from view. 13. The lighting system shall be designed,directed, and maintained in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent residential areas. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter stating that, in his opinion, this requirement has been met. -15- COMMISSIONERS BG$. 9N 99 yy,p- yy y CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX 14. That all improvements be constructed as required by Ordinance and the Public Works Department. 15. That a standard agreement and accompanying surety be provided in order toIguarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 16. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer, 17. That the intersection of the street and private drive be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer, 18. That deteriorated and tree - damaged portions of sidewalk be reconstructed along East Coast Highway and Goldenrod Avenue, and that the parkway be filled in with concrete sidewalk along the Goldenrod Avenue frontage with tree wells provided for the existing palm trees unless otherwise approved by the Public Works Department. All work along the East Coast Highway frontage shall be completed under an encroachment permit issued by the California Department of Transportation. 19. That a 15 foot radius corner cutoff at the corner of East Coast Highway and Goldenrod Avenue be dedicated to the public. 20. That all vehicular access rights to East Coast Highway be released and relinquished to the City of Newport Beach, 21. That the unused drive aprons be removed and replaced with curb, gutter and sidewalk along the East Coast Highway frontage and Goldenrod Avenue frontage; that the curb return at the intersection of East Coast Highway and Goldenrod Avenue be • reconstructed with a 25 foot radius and a curb access ramp constructed within the return. That all work within the East Coast Highway right of way -16- COMMISSIONERS y�G�$�yNO�9F 9Q CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX be completed under an encroachment permit issued by the California Department of Transportation. 22. That adequate sight distance be provided for vehicles exiting the site with the design to be approved by the Public Works Department and that the palm trees next to the alley be removed and /or pruned to provide adequate sight distance. 23. That County Sanitation District fees be paid prior to issuance of any building permits. 24. That the Public Works Department plan check and inspection fee be paid. 25. That a landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Prior to the occupancy of the structure, the licensed architect shall certify to the Planning Department that the . landscaping has been installed in accordance with the prepared plan. 26. That the landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works Departments. 27. That any mechanical equipment or trash containers shall be screened from view from Goldenrod Avenue, East Coast Highway, and adjoining properties. 28. That the proposed development shall provide a minimum of one parking space for each 250 sq. ft. of floor area (19 spaces). 29. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 30. This site plan review shall expire within 24 months from the date of approval as specified in Section 20.01.070 J of the Newport Beach Municipal Code, unless an extension is granted by the Modifications Committee prior to the expiration date. -17- COMMISSIONERS ym 9 9 y A G� �ONpy C 20�- s CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX Site Plan Review No. 45 (Public Hearing) Item No.5 Request to permit the alteration and expansion of an SPR No.45 existing commercial building on property located in the Corona del Mar Specific Plan Area where a Specific Plan Approved has not yet been adopted. The proposal also includes a request for a modification to the Zoning Code so as to allow a portion of the required off - street parking to be provided as compact spaces; and the acceptance of an environmental document. LOCATION: Lot 5, Block E, Tract No. 323 and Lots 19 and 21, Block 533, Corona del Mar Tract, located at 2743 East Coast Highway, on the northwesterly corner of East Coast Highway and Goldenrod Avenue, in Corona del Mar. ZONES: C -1 and R -2 APPLICANT: Joe Green, Corona del Mar . OWNER: Nickolas Shammas, Los Angeles The public hearing was opened in connection with this item, and Mr. Dick Nichols, 519 Iris Avenue, appeared before the Planning Commission to oppose tandem parking spaces. William Laycock, Current Planning Manager, explained that the applicant is requesting compact parking spaces, and not tandem spaces, and Chairman Pers6n stated that all permitted parking will be on site. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Site Plan Review No. 45 and related Environmental Document subject to the findings and conditions in Exhibit "A ". Commissioner Merrill stated his opposition to the on site outdoor furniture display. All Ayes Motion was voted on, MOTION CARRIED. A. Environmental Document: Accept the environmental • document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental -18- COMMISSIONERS September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant environmental impact. B. Site Plan Review No. 45 Findings 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program and is compatible with the surrounding land uses. 2. That adequate off - street parking and related vehicular circulation will be provided. 3. The proposed development is a high - quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 4. The proposed development does not adversely affect the public benefits derived from the expenditures of public funds for improvement and beautification of street and public facilities within the area. 5. The proposed development will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. 6. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. 7. That proper sight distance must be provided to allow vehicles to make right turns from East Coast Highway to Goldenrod Avenue. 8. That a larger curb return is needed to accommodate increased traffic at the Goldenrod Avenue and East Coast Highway intersection. • 9. That the design of the proposed improvements will not conflict with any easements acquired by the -19- COMMISSIONERS y�G y�o��' 9y 9� `y CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX pubic at large for access through or use of property within the proposed development. 10. That improvements may be required of a developer per Section 20.01.070 of the Municipal Code. 11. That the approval. of a modification to the Zoning Code, so as to allow the use of compact parking spaces will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 12. That the approval of Site Plan Review No. 45 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 to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations, except as noted in the following conditions. 2. That a maximum of six (6) compact spaces shall be permitted on site. 3. That all employees shall park on -site, and that any employee parking spaces narrower than the standard width of visitor parking shall be clearly identified as employe parking. 4. That the required number of handicapped parking spaces shall be designated within the on -site parking area. Said parking spaces shall be accessible to the handicapped at all times and shall be a minimum width of 14 feet. One handicapped sign on a post shall be required for • each handicapped space. -20- COMMISSIONERS September 8, 1988 9 9 °y Q qyo y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 5. That all signs shall conform to Chapter 20.06 of the Municipal Code. 6. That development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 7. All rooftop and other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line, and that all mechanical equipment shall be screened from view. 8. The lighting system shall be designed,directed, and maintained in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent residential areas. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter stating that, in his opinion, this requirement has been met. 9. That all improvements be constructed as required by • Ordinance and the Public Works Department. 10. That a standard agreement and accompanying surety be provided 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. 11. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 12. That the intersection of the street and private drive and the intersection of Goldenrod Avenue and East Coast highway be designed to provide sight distance for a speeds of 25 miles per hour and 35 miles per hour, respectively. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer and shall be calculated using Standard 110 -L as a guide This requirement may involve setting back the wall of the building adjacent to East Coast Highway by 2 to 3 feet. • 13. That deteriorated and tree - damaged portions of sidewalk be reconstructed along East Coast Highway -21- COMMISSIONERS CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX and Goldenrod Avenue and that the curb return at the intersection of East Coast Highway and Goldenrod Avenue be reconstructed to a 25 foot radius, with a curb access ramp on the new return. All work along the East Coast Highway frontage shall be completed under an encroachment permit issued by the California Department of Transportation. 14. That a 15 foot radius corner cutoff at the corner of East Coast Highway and Goldenrod Avenue be dedicated to the public. 15. That County Sanitation District fees be paid prior to issuance of any building permits. 16. That the Public Works Department plan check and inspection fee be paid. 17. That all vehicular access rights to East Coast Highway be released and relinquished to the City of • Newport Beach. 18. That a landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Prior to the occupancy of the structure, the licensed architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan. 19. That the landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works Departments. 20. That landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 21. That a hydrology and hydraulics 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 a grading permit. Any modifications of extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility -22- COMMISSIONERS A i. Or OF y ors Q CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX of the developer. 22. That any mechanical equipment or trash containers shall be screened from view from Goldenrod Avenue, East Coast Highway, and adjoining properties. 23. That the proposed development shall provide a minimum of one parking space for each 250 sq. ft. of floor area (24 spaces). 24. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 25. This site plan review shall expire within 24 months from the date of approval as specified in Section 20.01.070 J of the Newport Beach Municipal Code. Use Permit No. 1791 (Amended)(Public Hearing) Item No.6 UP1791A Request to amend a previously approved use permit which • permitted the conversion of an existing automobile service station into a restaurant with on -sale beer and wine, and included a waiver of a portion of the required Approved off - street parking on property located in the "Commercial" area of the Newport Shores Specific Plan Area. The proposed amendment is a request for the approval of an outdoor dining area and the expansion of the "net public area" of the restaurant. Also included is a request to waive a portion of the required off - street parking. LOCATION: Parcel No. 1 of Parcel Map 100 -4 (Resubdivision No. 520) located at 6700 West Coast Highway, on the northerly side of West Coast Highway, between Orange Street and Colton Street in Newport Shores. ZONE: SP -4 APPLICANT: Jackelyn Light, Newport Beach OWNERS: Charles B. and Edward J. Bauer, Newport Beach William Laycock, Current Planning Manager, distributed • photographs to the Planning Commission depicting the existing addition. -23- COMMISSIONERS September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX The public hearing was opened in connection with this item. Mrs. Jackelyn Light, applicant, appeared before the Planning Commission. She stated that she concurs with the findings and conditions in Exhibit "A ". Mr. Edward Bauer, property owner, appeared before the Planning Commission. In response to a question posed by Commissioner Debay regarding a service station that was previously on site, Mr. Bauer replied that all of the tanks were removed from the site. There being no others desiring to appear and be heard, the public hearing was closed at this time. Discussion ensued between Commissioner Debay and Mr. Laycock concerning the required parking spaces. Mr. Laycock explained that staff would have recommended additional parking spaces on site for the expanded restaurant facility; however, he said that inasmuch as staff visited the site during peak hours of operation . and there were ample parking spaces available, staff has concluded that the existing parking is adequate to serve the uses on site. The public hearing was reopened in connection with this item. In response to questions posed by Chairman Pers6n, Mrs. Light replied that the employees ride bicycles to work; that she became proprietor of the restaurant when her husband died one month ago; that her husband had operated the restaurant for three years; and the picnic tables were installed on the patio and the awning was installed during the past year. The public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 1791 (Amended) subject to the findings and conditions in Exhibit "A ". Chairman Pers6n stated that he would not support the motion inasmuch as the expansion was built without an amendment to the use permit. Commissioner Winburn stated that she would not support the motion, and concurred with Chairman Pers6n's statement. * k k Motion to approve Use Permit No. 1791 (Amended) was Noes * * voted on, and MOTION FAILED. -24- COMMISSIONERS September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion * Motion was made and voted on to deny Use Permit No. 1791 Ayes * * * (Amended) subject to the findings and conditions in Noes * Exhibit "B ". MOTION FAILED. The Planning Commission recessed at 8:40 p.m. and reconvened at 8:45 p.m. The Planning Commission and staff discussed the legal procedures that the applicant could take regarding the application inasmuch as the motions to approve and to deny failed. Ms. Korade and Chairman Pers6n discussed the Permit Streamlining Act that requires the City to take action on an item within 45 days; and if the City does not do so, then the application is automatically deemed approved unless an applicant requests an extension. Chairman Pers6n directed staff to inform applicants that they must now be present to request continuances or the applicants must submit letters to the Planning Commission requesting continuances. The public hearing was reopened at this time. Mr. Jack Airey, Huntington Beach, appeared before the Planning Commission in support of the application. Mr. Airey stated that the applicant had not explained to the Planning Commission all of the circumstances surrounding the application inasmuch as the Planning Commission had not stated their concerns during the public hearing that the owner had not applied for an amendment to the use permit to request an expansion of the patio. He stated that the applicant has no experience operating a restaurant business, and that without the additional outdoor seating area, she would have a financial hardship. Mrs. Jocelyn Airey, Huntington Beach, appeared before the Planning Commission. Mrs. Airey explained that inasmuch as the applicant was married for only three months, that the applicant had no knowledge of the restaurant expansion. Chairman Pers6n stated that the Planning Commission is concerned if the "net public area" of a restaurant is expanded without applying for a use permit, and he said that a new proprietor should be advised of the zoning regulations. Mr. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. Mr. Sofer requested that the Planning Commission reconsider the application -25- COMMISSIONERS 9y °yf yo y ` CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX inasmuch as the applicant was not aware of the circumstances surrounding the restaurant. Mr. Bauer reappeared, before the Planning Commission. Mr. Bauer stated that the patio has been on the site for many years, and that only the awning was installed during the previous year. The public hearing was closed at this time. Motion * Motion was made to approve Up Permit No. 1791 (Amended) subject to the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Debay, Mr. Lay-cock referred to Condition No. 6 which explained that the number of seats inside the restaurant and on the patio shall be reduced in conformance with the Fire Department requirements, and that the Code Enforcement Officer would also be visiting the site to be sure that the applicant complies with the condition. Commissioner Di Sano stated that he would reconsider his • vote on the basis that the applicant is attempting to carry the operation forward, and that she was not aware that she should contact the City regarding zoning requirements. Chairman Persdn stated that he would not reconsider his vote on the basis of good planning, inasmuch as applications have been approved throughout the City after zoning regulations have been violated, and then the areas become deficient in parking. Ayes * * * * * Motion to approve Use Permit No. 1791 (Amended) was No * voted on, MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan and is compatible with surrounding uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to walls, utilities, parking lot illumination, landscaping, and a portion of the required parking will not be detrimental to -26- COMMISSIONERS ymG F y�P9i qy 9� • 9yO�yff O September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX adjoining properties. 4. That a significant portion of the on -site parking was observed to be vacant during lunch hours. 5. That the approval of this amendment to Use Permit No. 1971 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 to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all conditions of approval of Use Permit No. 1971 as approved by the Planning Commission on June 3, 1976, and amended by the Planning Commission on October 20, 1977, shall remain in effect, with the exception that the conditions regarding extensions approved by the Modifications Committee shall become null and void. 3. That eight (8) off - street parking spaces shall be provided for the facility. 4. That all employees of the facility shall park on site, rather than in the nearby residential area or elsewhere on the public streets. 5. That the development standards pertaining to traffic circulation, walls, landscaping, utilities, parking lot illumination, and a portion of the required parking spaces (5 spaces) shall be waived. 6. That the number of seats inside the restaurant facility and on the patio shall be reduced in conformance with Fire Department requirements. 7. That the roof top mechanical equipment shall be screened from West Coast Highway and from adjoining properties. 8. 8. That the outdoor heater on the patio shall be removed, or submit approval by I.C.B.O. or U.L. to _27_ COMMISSIONERS CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX the Building Department for its use under the canvas roof. 9. That the canvas roof and siding in the patio area shall be flame retardant with a maximum flame spread of 25 as required in Chapter 42 of the Uniform Building Code. 10. That the canvas roof shall be retractable, unless otherwise approved by the Building Department. 11. That Coastal Commission approval shall be obtained. 12. 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 amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. • 13. That all conditions of approval shall be implemented within 60 days from the effective date of this application, unless other arrangements are made with the Planning Department. 14. 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. * * Item No.7 Traffic Traffic Study No. 49 (Continued Public Hearing) Study Request to accept a revised traffic study so as to No. 49 permit the establishment of a restaurant in conjunction with the approved auto dealership located on property UP3229A within the "Retail Service Commercial" area of the Mariner's Mile Specific Plan which includes a request to Denied override the requirements of the Traffic Phasing Ordinance; and the acceptance of an environmental document. AND i _28_ COMMISSIONERS I 2�' • yyo�yff o September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX B. Use Permit No. 3229 (Amended)(Continued Public Hearin Request to amend a previously approved use permit which permitted the construction of an automobile dealership which exceeded the 26 foot basic height limit in the 26/35 Height Limitation District, on property located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan. The proposed amendment includes a request to permit the establishment of a restaurant facility with on -sale beer and wine in a portion of the auto dealership. LOCATION: Parcel 1. of Parcel Map No. 87 -106 (Resubdivision No. 840), located at 3000 West Coast Highway, on the northerly side of West Coast Highway between North Newport Boulevard and Riverside Avenue, in Mariner's Mile, ZONE: SP -5 APPLICANT: Lee West, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Lee West, applicant, appeared before the Planning Commission. Mr. West stated that he concurred with the findings and conditions in Exhibit "A" with the following exceptions. In reference to Condition No. 11 requiring a trash compactor, Mr. West stated that he has a daily trash pickup. In response to a question posed by Chairman Pers6n, Mr. West stated that he would agree to a modified condition that would require a trash compactor or daily trash pickup. In reference to Mr. West's concerns regarding Coastal Commission approval as required in Condition No. 18, William Laycock, Current Planning Manager, explained that all discretionary items require Coastal Commission approval if the project is in the coastal zone, and the subject application is a separate use permit application for a new restaurant. Mr. West, Chairman Pers6n, and Mr. Laycock discussed the differences between an employee cafeteria and a restaurant. Mr. West stated that the Traffic Study failed because the Traffic Study was only taken during peak traffic hours, and he maintained that the restaurant's peak operating hours are after the peak traffic hours. Mr. -29- COMMISSIONERS `y CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX West further stated that he has previously contributed $125,000.00 for road improvements. Chairman Pers6n stated that the Traffic Study is only analyzed during peak traffic hours in accordance with the Traffic Phasing Ordinance. In response to questions posed by Commissioner Winburn, Mr. West.stated that the proposed restaurant's operating hours will be 7:00 a.m. to 10:00 p.m., the same operating hours as the automobile dealership, and that the restaurant would be open when the ICU would be affected. Carol Korade, Assistant City Attorney, concurred that it is a State Law that discretionary action requires the approval of the Coastal Commission when applicable, and that said action cannot be modified by the Planning Commission. Mrs. Donna Colombero, 1003 East Balboa Boulevard, appeared before the Planning Commission on behalf of the Balboa Point Peninsula Association to oppose the subject application. She stated that the Association's concerns are that the third level of the parking structure cannot accommodate customer parking, and the traffic generated by the restaurant. Mr. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. Mr. Sofer suggested an additional condition that would require a review of the application after a specific time period to reevaluate the traffic impact. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission in opposition to the application based on the traffic that the restaurant would generate, specifically at the Riverside Drive/West Coast Highway intersection. He stated that the roof of the building has blocked out the Newport Height's residents view of the automobiles and the bay. Dr. VanderSloot further maintained that the applicant has requested higher intensity of use because they have excess parking. Mrs. Jeanine Gault, 406 San Bernadino Avenue, appeared before the Planning Commission on behalf of the Newport Heights Community Association, to state their opposition to the project on the basis of the Traffic Phasing Ordinance. -30- COMMISSIONERS September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. The Planning Commission and staff discussed the floor area ratio of the building. Motion. Motion was made to deny Traffic Study No. 49 and Use Permit No. 3229 (Amended) subject to the findings in Exhibit "B ". Commissioner Di Sano stated that he would support the motion on the basis of the Traffic Phasing Ordinance. Chairman Pers6n stated that he would support the motion inasmuch as the Planning Commission cannot approve the project unless there is evidence given which would allow the Planning Commission to create findings for approval to override the Traffic Phasing Ordinance, and he said that no evidence was given to override the Traffic Phasing Ordinance. Commissioner Winburn stated that she would support the • motion based on the operating hours of the restaurant and the ICU. Commissioner Pomeroy stated that the restaurant is not an inappropriate use; however, he said that he would not override the Traffic Phasing Ordinance to "worsen" a bad problem. Motion was voted on to deny Traffic Study No. 49 and Use Permit No. 3229 (Amended) subject to the findings in All Ayes Exhibit "B ". MOTION CARRIED. FINDINGS: 1. That the proposed development is not consistent with the General Plan, and the adopted Local Coastal Program, Land Use Plan inasmuch as the proposed project requires an exception to the Traffic Phasing Ordinance. 2. 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. 3. That the project generated traffic makes worse an unsatisfactory level of traffic service at the -31- COMMISSIONERS • September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX intersection Coast Highway and Riverside Avenue. 4. That the only available traffic improvement which would result in compliance with the provisions of the Traffic Phasing Ordinance is clearly beyond the scope of this project, and is not anticipated to be constructed within 48 months. 5. That the project does not include any trip generation reductions which will allow an exception to the Traffic Phasing Ordinance. 6. The approval of Use Permit No. 3229 (Amended) will, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and be detri- mental or injurious to property and improvements in the neighborhood and the general welfare of the City inasmuch as the proposed project requires an exception to the Traffic Phasing • Ordinance. A Traffic Studv No 51 (Public Hearing) Item No.8 Request to approve a traffic study so as to permit the TS N0.51 construction of an 85,170 sq.ft. medical office building on property located in the A -P District. UP 3279 Approved AND B Use Permit No 3279 (Public Hearing) Request to permit the construction of a 85,170 sq.ft. medical office building on property located in the A -P District which exceeds the basic height limit in the 32/50 Foot Height Limitation District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required off - street parking.. LOCATION: A portion of Lot 169, Block 2, Irvine's Subdivision, located at 351 Hospital Road, • on the northeasterly corner of Hospital Road and Placentia Avenue, across from Hoag Memorial Hospital. 32 COMMISSIONERS F� CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX ZONE: A -P APPLICANT: Newport Lido Medical Center, Newport Beach OWNER: Same as applicant In response to a question posed by Commissioner Debay, Don Webb, City Engineer, stated that intersection improvements required by a previously approved project identical to the proposed project have been installed. In response to questions posed by Commissioner Pomeroy regarding "Universal" parking spaces, Mr. Webb replied that the "Universal" parking space study has not been completed by the Traffic Engineer. The public hearing was opened in connection with this item. Mr. Jerry King, J. A. King & Associates, 550 C Newport Center Drive, appeared before the Planning Commission on behalf of the applicant. Mr. King reviewed the proposed • project, and he emphasized that the project is similar to the development that the Planning Commission approved on September 19, 1985, and sustained by the City Council on October 15, 1985. Mr. King referred to the offsite parking plan that has been approved by Hoag Hospital, and he said that the construction phases will coordinate with parking phases. Mr. Jay Allen, Project Manager, appeared before the Planning Commission on behalf of the applicant. Mr. Allen stated that Tower One will continue to operate during the construction of Tower Two and the parking structure. He projected that it would take 14 months to complete construction. Mr. Allen referred to the display area, and from the project's plans he described the phasing program. He said that the doctors will park their automobiles at designated parking areas located at Hoag Hospital, and the employees will be requested to access through Hoag Hospital to a parking lot adjacent to the Cancer Center on West Coast Highway. Mr. Allen described the valet parking and shuttle programs that are proposed through the construction phasing programs. • In response to a question posed by Commissioner Winburn, Mr. Allen replied that each doctor's office will have a telephone hookup service to contact the valet service -33- COMMISSIONERS ymG ce ��0�9i y • ���ot y cc o 9'�' September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX for automobile pickup. In response to a question posed by Commissioner Debay, Mr. Allen replied that patients will be provided a seating area while they are waiting for the valet service. In response to questions posed by Commissioner Pomeroy regarding the expense of the valet service, Mr. Allen replied that the developer is absorbing the costs during the phasing programs. In response to questions posed by Commissioner Debay regarding the concerns of the Balboa Coves residents, Mr. Allen and Mr. King described the traffic circulation system that will be used between the construction site and the parking lot adjacent to the Hoag Hospital Cancer Center, and they pointed out that the traffic will not interfere with normal street traffic. Mr. Allen stated that the automobiles will not exit on to West Coast Highway near Balboa Coves. . Mr. Webb stated that the employee parking lot will be fenced off and separated from the construction sites. He further stated that the exits will be located on Hospital Road, Mr. King stated that an offsite parking location will be located on Old Newport Boulevard and a shuttle service will be available for the project's construction workers. In reference to Condition No. 29, Mr. King and Mr. Webb discussed the 20 foot easement. Mr. King stated that the applicant would agree to a 20 foot wide easement as long as the easement does not interfere with the building, and wherever it is wide enough to accommodate additional working area. Mr. King concurred with Mr. Webb's recommendation to amend the condition to state "That the existing sanitary sewer be relocated and that a 10 -foot wide easement for sewer purposes be dedicated to the City prior to issuance of Building Permits, and that the design of the sewer be by a licensed engineer on the Public Works Department Standard Plan sheets. In areas where the structure does not interfere, the easement will be 20 feet." In reference to Condition No. 81, Mr. King and Mr. Webb • discussed the $63,500.00 requirement that the applicant will contribute toward road improvements. -34- COMMISSIONERS CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX Mr. F. W. Evins, III, Vice President, Hoag Hospital, appeared before the Planning Commission to state that Hoag Hospital supports the proposed project. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Traffic Study No. 51 and Use All Ayes Permit No. 3279 subject to the findings and conditions for approval in Exhibit "A ", including amended Condition No. 29. Motion voted on, MOTION CARRIED. A. Environmental Document Findings: 1. That an Initial Study and Negative Declaration were prepared and adopted for an essentially identical project in compliance with the California Environmental Quality Act, and that their contents have been considered in the • decisions of this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. B. Traffic Study Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the project generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of the critical intersections, but will not add to an unsatisfactory level of traffic service at any • critical intersection which will have an Intersection Capacity Utilization of greater than .90. -35- COMMISSIONERS September 8, 1988 • G�y�O o��f ` y0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3279 Findines• 1. That 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 i conjunction with the proposed modifications. 2. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. The project lot size conforms to the Zoning Code area requirements. 4. That adequate off - street parking and related vehicular circulation will be provided in conjunction with the proposed development. 5. That the proposed number of compact car spaces constitutes 25 percent of the parking requirement which is within limits generally accepted by the Planning Commission relative to previous similar applications. 6. That the increased building height will result in more public visual open space and views than is required by the basic height limit. 7. That 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. That the increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. 9. That the structure will have no more floor area than could have been achieved without the use permit for the building height. • 10. That the proposed use permit to exceed the basic height limit will not, under the circumstances of the particular case, be detrimental to the -36- COMMISSIONERS .p •off �.� O, O� • �y o� y c� o September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 11. That adequate security is necessary to insure use of the parking structure. 12. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 13. That public improvements may be required of a developer per Section 20.08.060 of the Municipal Code. 14. That under the previously approved project and development agreement, the developer was required to construct traffic mitigation improvements at the intersection of Hospital Road and Newport Boulevard. The City constructed those improvements in anticipation of the previously approved development on the site and incurred construction costs in excess of $90,000, and in view of previous agreements, it would be reasonable for the developer to contribute a proportionate share of this cost based on the traffic to be generated from the project. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That the 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 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. -37- COMMISSIONERS September 8, 1988 y �y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 3. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 4. That 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. 5. The grading permit shall include a description of haul routes, access routes, access points to the site, and a watering and sweeping program designed to minimize the impact of haul operations. 6. That an erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department. 7. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities • controlled as part of the project design. 8. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site, including seismicity of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 9. That final design of the project shall provide for the incorporation of water- saving devices for project lavatories and other water using facilities. 10. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said structures shall be sound attenuated so as to not exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Building Department. • 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, -38- COMMISSIONERS g \OL September 8, 1988 "` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX manholes, and junction structure locations, with width to be approved by the Public Works Department. 12. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 13. That building construction will be in accordance with the Uniform Building Code and requirements of the City 's building permit for the project. 14. That a landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Prior to the occupancy of any structure, the licensed architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan. 15. That the landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works' Departments. 16. That the landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 17. That the landscape plan shall place heavy emphasis on the use of drought resistant native vegetation and be irrigated via a system designed to avoid surface runoff and overwatering. 18. That landscaping shall be installed in as early a phase as possible, not leaving planting for the final construction phase. 19. That the landscaping plans adjacent to the drive entrances be reviewed and approved by the Public Works Department and the Department of Parks, Beaches and Recreation, for sight distance requirements. 20. That the proposed landscaping over the existing and proposed sewer easements shall be subject to further review by the Public Works Department. -39- COMMISSIONERS September 8, 1988 Zm � �9�n�99 �m9i • Gam$ goy c( q2o CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 21. That the structure and parking lot 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 and convalescent home uses. The plans shall be prepared and signed by a licensed Electrical Engineer with a letter from the engineer stating that, in his/her opinion, this requirement has been met. 22. Should any significant historical or scientific resources be uncovered during construction, that a qualified archaeologist or paleontologist evaluate the site prior to completion of construction activities, and that all work on the site be done in accordance with the City Council's Policies K -5 and K -6. 23. That all proposed signs .shall be in conformance with the provisions 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. 24. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. The final design of on -site pedestrian circulation shall be designed to direct pedestrian crossing of Hospital Road to its intersection with Placentia Avenue. 25. That eight handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. One handicapped sign on a post shall be required for each handicapped space. 26. That compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 27. That all improvements be constructed as required by Ordinance and the Public Works Department. 28. That a standard use permit agreement and accompanying surety be provided if it is desired -40- COMMISSIONERS Z�G9c^ �o�9c 9yo9c qty! September 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX to obtain a building permit prior to completion of the public improvements. 29. That the existing sanitary sewer be relocated and that a 10 -foot wide easement for sewer purposes be dedicated to the City prior to issuance of Building Permits, and that the design of the sewer be by a licensed engineer on the Public Works Department Standard Plan sheets. In areas where the structure does not interfere, the easement will be 20 feet. 30. That any structures adjacent to the existing and proposed sewer main have deepened footings. The footings shall be designed so that the bottom of the footing is intersected when a 1 to 1 slope is projected from the flow line of pipe to the bottom of the footing so that the footing is able to take lateral forces in the event of sewer main excavation. 31. That a concrete sidewalk be completed along the • Flagship Road frontage and access ramps be constructed at the corners of Flagship Road and Patrice Road. 32. That the tree damaged and displaced sidewalk along Flagship Road, Hospital Road and Placentia Road be reconstructed and the trees root pruned or removed as approved by the Parks, Beaches and Recreation Department. That all unused drive aprons be removed and replaced with curb, gutter and sidewalk around the perimeter streets. 33. That prior to the issuance of the Grading Permit the applicant shall demonstrate to the satisfaction of the Public Works Department that adequate site distance has been provided at the Hospital Road entrance and the northeasterly corner of the proposed medical building. 34. That the intersections of the streets and private drives be designed to provide sight distance for a speed of 25 miles per hour (35 miles per hour on Hospital Road). Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four • inches in height. The sight distance requirement may be modified at non - critical locations, -41- COMMISSIONERS .p •p_ aL� O�. O� G9y9,c�0y9�! yQ � CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX subject to approval of the Traffic Engineer. 35. That prior to issuance of any building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and Building Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation Districts. The applicant shall be responsible for the design and construction of any additional sewer facilities needed to serve the project. 36. That County Sanitation District fees be paid prior to issuance of any building permits. 37. That the Public Works Department plan check and inspection fee be paid. 38. That the Edison transformer serving the site be located outside the sight distance plane as described in City Std.- 110 -L. • 39. That interim parking arrangements during the construction period shall be approved by the City's Planning Department and Traffic Engineer prior to the issuance of any grading and /or building permit(s). Incentive programs for employee use of offsite parking shall be incorporated into the interim plan. 40. That all on -site drainage shall be approved by the City Public Works Department and Building Department. 41. That drainage facilities shall be properly maintained by the applicant and all subsequent owner /operators. 42. That all parking and other on -site paved surfaces shall be routinely vacuum -swept weekly and cleaned to reduce debris and pollutants carried into the drainage system. 43. That quiet or hushed models of construction equipment suitable for use in hospital zones shall be used in the development of the proposed • project. -42- COMMISSIONERS September 8, 1988 F � y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 44. That prior to the commencement of construction, the applicant shall provide all tenants of the existing office building on -site with a schedule of construction activities. The applicant shall also provide said tenants with notification of any major changes to said schedule. 45. That all concrete driving surfaces in the parking structure shall have a rough finish. 46. That one parking space shall be provided for each 250 sq.ft. of gross floor area in the existing and proposed office buildings. 47. That the applicant shall install signs during the construction of the project that will limit parking time on- street in the vicinity of the project in a manner acceptable to the City Traffic Engineer 48. That on Flagship Road there shall be a minimum four -foot landscape strip between the sidewalk and onsite parking area. 49. That two weeks (14 days) prior to the commencement of construction a notice of construction and proposed construction schedule shall be provided to all residents and property owners within 300 feet in a manner acceptable to the Planning Department. 50. That prior to issuance of building permits, the Fire Department shall review the proposed plans. 51. That the building shall be equipped with fire suppression systems approved by the Fire Department. Automatic fire sprinklers will be required. 52. That all access to the buildings shall be approved by the Fire Department. 53. That all on -site fire protection (hydrants and Fire Department connectors) shall be approved by the Fire Department and Public Works Department. 54. That the landscape plan shall place heavy • emphasis on fire retardant vegetation. -43- COMMISSIONERS ymGy �NOyyi 9y 9y, CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX 55. That building must be protected according to Table 5 -A, U.S.C. (Uniform Building Code). 56. That 26 foot clear driveway widths to the building and parking structure shall be provided in accordance with the requirements of the Fire Department. 57. That travel on the incline ramp shall be limited to one direction, to entering traffic only. This would eliminate conflicts at the base of the ramp where sight distances are restricted, reduce the volume of traffic using the secondary entrance as an exit, and generally improve traffic flow where only two lanes are available for circulation. 58. That the parking lot plan shall be subject to the review and approval of the Fire Department. The length of the entry median strip and the turning radius of the drop -off circle shall be modified as required to improve turning clearances for • fire equipment. 59. That a fire access driveway adequate to support a 50,000 pound fire truck shall be provided around the building. 60. That energy conservation measures will be incorporated into the project as required by law. 61. That lighting shall be of a safe and sturdy construction and elevation. 62. That landscaping shall not cover exterior doors or windows, block line -of -sight at intersections or access points, or screen overhead lighting. 63. That the parking structure shall be built to support the weight of fire apparatus. 64. That the non - stressed areas of the structures are to be clearly identified. 65. That efficient irrigation systems will be installed which minimize runoff and evaporation and maximize water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems will also increase irrigation efficiency. -44- COMMISSIONERS Gay t�9�` yQ'Ft CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX 66. That the final disposal of surplus excavated material shall be accomplished in accordance with local ordinances and sound engineering practice. 67. That construction shall be performed in accordance with applicable Occupational Safety and Health Act requirements and the City's noise ordinance. 68. That construction activities shall be limited to the hours of 7 a.m. to 7 p.m. Monday through Friday, and 8 a.m. to 5 p.m, on Saturday. Construction activities shall not be allowed on Sunday or holidays. 69. That control techniques shall be used to reduce fugitive dust generation including watering or the reduction of surface wind speed using windbreaks or source enclosures. Watering, the most common and generally least expensive method for dust control, provides up to 50 percent control. 70. That landscaping after construction shall incorporate native .species to provide food and cover for resident bird species. 71. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements (as reviewed and approved by the City Traffic Engineer). 72. That a six -foot wide paved pedestrian walkway shall be required around the perimeter of the site on Flagstaff Road and Patrice Road during construction. 73. That a visual screen (fences) shall be constructed to block the view of. construction activities. 74. That the driveway on Hospital Road shall be reconstructed to a radius type with a 25 foot radius. -45- COMMISSIONERS A�„�� a•�p. September 8, 1988 �9 9 oyy� y0 y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 75. That any access controls such as gates or arms shall be reviewed and approved by the Traffic Engineer prior to issuance of a building permit. 76. That the Flagship Road driveway shall provide 25 foot radius returns. 77. That the design of the parking structure shall incorporate adequate lighting during all operational hours to insure proper security. In addition, a security service or system to insure adequate security is required. 78. That employees shall be required to park on -site. A program shall be developed to insure that employees park in the lower parking level and /or more remote areas of the parking structure. 79. That the applicant record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a • limitation of no more than 1.08 times the buildable area on the two parcels which make up the subject property in consideration for the granting of the use permit to exceed the basic height limit. This Covenant shall .continue in effect until such time as the Newport Beach Planning Commission, or the City Council on review, authorizes additional development beyond this limitation by approval of a Use Permit. 80. That one year after occupancy, the adequacy of handicap parking spaces shall be reviewed by the City Traffic Engineer. If is determined that the provided spaces are not adequate, additional handicap spaces shall be required, up to a maximum of 50 additional spaces. 81. That the applicant shall contribute $63,500 to reimburse the City for construction of improvements at the intersection of Newport Boulevard and Hospital Road prior to the issuance of any grading or building permit. 82. That prior to the issuance of grading or building permits, the developer shall furnish written proof of the approval of Hoag Hospital agreeing to aspects of the interim parking plan involving use of hospital property. -46- COMMISSIONERS y�G� �yN�y9 9y 9s. yy9 oy � o CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX 83. 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 amendment causes injury, or is detrimental to the health, safety, peace, comfort and general welfare of the community. 84. 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. 3320 (Continued Public Hearing) Item No.9 Request to establish a church facility on property UP3320 located in the M -1 -A District. The proposal also includes a request to approve an off -site parking Withdrawn agreement for all of the required off- street parking • spaces for the church. LOCATION: Lots 11, 12, 50 and 51, Tract No.3201, located at 3931 -A and 3933 Birch Street, on northwesterly corner of Birch Street and Quail Street (church site); and Lot 1, Tract No. 7394, located at 3900 -3920 Birch Street, on the northeasterly corner of Birch Street and Quail Street (off - site parking lot), near the John Wayne Airport. ZONE: M -1 -A APPLICANT: Abundant Life Community Church, Newport Beach OWNER: Mr. L. Body Higgins, Irvine William R. Laycock, Current Planning Manager, stated that the applicant has requested that this item be withdrawn. -47- COMMISSIONERS September 8, 1988 '�- • Gyy90 oy ¢� 920 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3322 (Public Hearing) Item No.10 Request to permit the establishment of a second dwelling UP3322 unit on property located in the R -1 District. Said proposal is in accordance with Section 65852.2 of the Continued California Government Code which permits a second to dwelling unit under certain circumstances. 10 -6 -88 LOCATION: Lot 7, Block 14, First Addition to Newport Heights, located at 408 San Bernardino Avenue, on the southeasterly side of San Bernardino Avenue between Broad Street and Cliff Drive, in Newport Heights, ZONE: R -1 APPLICANT: John Snelgrove, Newport Beach OWNER: Same as applicant • William Laycock, Current Planning Manager, stated that the applicant has requested that this item be continued to the October 6, 1988, Planning Commission meeting. Motion * Motion was made and voted on to continue this item to All Ayes the October 6, 1988, Planning Commission meeting. MOTION CARRIED. Use Permit No. 3324 (Public Hearing) Item No 11 Request to permit the installation of a maximum of six TJP3324 (6) food carts in the interior and exterior of the Sanwa Bank Building on property located in the Koll Center Continued Newport Planned Community District. The proposal also to includes a request to waive the required off - street 9_22_88 parking. LOCATION: Parcels No. 1 and 2 of Parcel Map 81 -706 (Resubdivision No. 683), located at 4400 MacArthur Boulevard, on the northeasterly side of MacArthur Boulevard between Birch Street and Von Kerman Avenue, in Koll Center Newport. • ZONE: P -C -48- COMMISSIONERS � o 99ooyc o CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX APPLICANT: Village Green Foods, Inc., Irvine OWNER: Koll Center Newport, Newport Beach William Laycock, Current Planning Manager, stated that the applicant has requested that this item be continued to the September 22, 1988, Planning Commission meeting. Motion * Motion was made and voted on to continue this item to All Ayes the September 22, 1988, Planning Commission meeting. MOTION CARRIED. DISCUSSION ITEMS: Discussion Items Use Permit No. 3306 (Review) Item No.l Six month review of Use Permit No. 3306 which permitted a change in the operational characteristics of an UP3306 existing nonconforming restaurant facility located in the "Retail and Service Commercial" area of the Cannery • Village /McFadden Square Specific Plan Area, so as to change the permitted live entertainment to include jazz combos with amplified music, vocals and percussion instruments, including drums. The approval also included a modification to the Zoning Code so as to permit the use of tandem and compact parking spaces in conjunction with a full -time valet parking service. LOCATION: Parcel 1 of Parcel Map 129 -7 -8 (Resubdivision No. 600), located at 501- 30th Street, on the northeasterly corner of 30th Street and Villa Way, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Joe Sperrazza, Newport Beach OWNER: Same as applicant Mr. Joe Sperrazza appeared before the Planning Commission. Mr. Sperrazza stated that he has read the staff report. He said that in addition to the required conditions, outdoor lighting, landscaping, and outdoor • maintenance improvements have been installed. He said that when the Police Department received a complaint on August 12, 1988, they were unable to locate a noise -49- COMMISSIONERS FF y ymG 8` �p9Pi 9 � 9y �y`` CITY OF NEWPORT September 8, 1988 BEACH MINUTES ROLL CALL INDEX emitting from the restaurant. William Laycock, Current Planning Manager, stated that Mr. Sperrazza has submitted to staff a copy of the acoustical report. Chairman Pers6n commented that the Planning Commission is satisfied with the operation of the restaurant, and he suggested that the Planning Commission take no further action. Chairman Pers6n referred to Condition No. 13 which gives the Planning Commission the authority to bring back the use permit for further review. Commissioner Di Sano commended the applicant for his ability to cooperate with the mixed commercial and residential community. Joint City Council /Planning Commission Meeting Item No.D2 Joint CC/ • INITIATED BY: The City of Newport Beach PC Mtg Chairman Pers6n stated that the Joint Meeting has been cancelled. Scheduled Planning Commission Study Session Item No.D3 PC Study INITIATED BY: The Planning Commission Session Chairman Pers6n recommended that the scheduled study session be cancelled, and to place the topics to be discussed as Discussion Items at the end of the Regular Commission meeting of September 22, 1988. ADDITIONAL BUSINESS: Additional Motion * Motion was made and voted on to excuse Commissioner Business All Ayes Merrill from the September 22, 1988, Planning Commission Merrill/ meeting, and Commissioner Debay was excused from the October 6, 1988, Planning Commission meeting. MOTION Debay CARRIED. excused ADJOURNMENT: 10:05 p.m. Adjourn- JAN DEBAY, SECRETARY ment CITY OF NEWPORT BEACH PLANNING DEPARTMENT -50-