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HomeMy WebLinkAbout09/10/1987COMMISSIONERS 4�y m�y` C9o� X92 REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: September 10, 1987 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX Present x x x x x x All Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney • r • William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of August 20, 1987: Minutes of Motion x Motion was made to approve the August 20, 1987, 8 -20 -87 Yes Planning Commission Minutes. Motion voted on, MOTION CARRIED. • • s Public Comments: - Public Mrs. Marian Rayl, 426 San Bernadino Avenue, informed Comments the Planning Commission that the Newport Heights Community Association is concerned with the exterior illumination of the Anderson Building on West Coast Illuminated Highway, and similar illumination that may be installed Lighting on other buildings in Mariner's Mile. Posting of the Agenda: Posting of Planning Director James Hewicker stated that the the Agenda Planning Commission Agenda was posted on September 4, 1987, in front of City Hall, • COMMISSIONERS %'0 ��f��gONOMm dG ��jsq�.uq qX CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX Requested Continuances: Requested James Hewicker, Planning Director, stated that the Continuance applicants, The Koll Company and Taco Bell Corporation, have requested that Item No. 1, Traffic Study, Use Permit No. 3278 and Resubdivision No. 849 regarding the construction of a.Taco Bell take -out restaurant at 4101 Jamboree Road be continued to the October 8, 1987, Planning Commission Meeting, and that the applicant, Rocko's Cuisine of Lido has requested that Item No. 2, Use Permit No. 3284 regarding a take -out restaurant located at 3423 Via Lido be continued to the September 24, 1987, Planning Commission Meeting. Motion x Motion was made to continue Item No. 1, the Traffic All Ayes Study, Use Permit No. 3278, and Resubdivision No. 849 to the October 8, 1987, Planning Commission Meeting and Item No. 2, Use Permit No. 3284, to the September 24, 1987, Planning Commission Meeting. Motion voted on, MOTION CARRIED. • ,t • x A. Traffic Study (Continued Public Hearing) Item No.l Request to approve a traffic study in conjunction with TS the construction of a drive -in and take -out restaurant facility with indoor and outdoor seating areas; and the UP3278 acceptance of an environmental document. R849 AND Continued B. Use Permit No. 3278 (Continued Public Hearing) to 10 -8 -87 Request to permit the construction of a Taco Bell drive-in and take -out restaurant facility with indoor and outdoor: seating areas; and a request to waive a portion of the required off - street parking spaces. AND C. Resubdivision No. 849 (Continued Public Hearing) Request to create one parcel of land for restaurant purposes and one parcel of land for off - street parking • purposes where one parcel of land now exists. -2- COMMISSIONERS ton All Ayes MINUTES September 10, 1987 CITY OF NEWPORT BEACH LOCATION: Parcel No. 7 of Parcel Map 82 -713 (Resubdivision No. 731), located at 4101 Jamboree Road, on the northwesterly side of Jamboree Road, northeasterly of MacArthur Boulevard in Roll Center Newport. ZONE: P -C APPLICANTS: Aetna Life Insurance Company, c/o The Koll Company, Newport Beach; and Taco Bell Corporation, Santa Ana OWNER: Same as applicant ENGINEER: Robert Bein, William Frost & Associates,. Irvine James Hewicker, Planning Director, stated that the applicants have requested that this item be continued to the October 8, 1987, Planning Commission meeting. Motion was made and voted on to continue said item to the October 8, 1987, Planning Commission meeting. MOTION CARRIED. Use Permit No. 3284 (Continued Public Hearing) Request to establish a take -out restaurant facility with on -sale beer and wine and seating on the inside of the restaurant building and outside in a common court -_ yard, on property located in Via Lido Plaza in the C -1 -H District. The proposal also includes "a request . to waive a portion of the required off - street parking. spaces. LOCATION: Parcel No. 1 of Parcel Map 85 -1. (Resubdivision No. 516), located at 3423 Via Lido, on the southerly side of Via Lido between Newport Boulevard and Via Oporto in Via Lido Plaza. ZONE: C -1 -H -3- INDEX Item No.2 UP 32 84 Continued to 9 -24 -87 COMMISSIONERS Motion A11 Ayes 0 CITY OF NEWPORT BEACH APPLICANTS: OWNER: MINUTES September 10, 1987 INDEX Rocko's Cuisine of Lido, Inc., and the Fritz Duda Co., Balboa Island Newport Via Lido Associates, Orange James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the September 24, 1987, Planning Commission meeting. Motion made and voted on to continue said item to the September 24, 1987, Planning Commission meeting. MOTION CARRIED. Street Name Change (Public Hearing) Item No.3 Request to change the street name of "Crystal Bay Street Name Drive" to " Bayview Circle" in the Bayview Planned Change' Community. Approved LOCATION: Tract No. 12528, located on property bounded by Bristol Street, Jamboree Road, Bayview way and Bayview Place, in the Bayview Planned Community. ZONE: P -C APPLICANT: Bramalea Calif., Inc., Costa Mesa OWNERS: Downey Savings and Loan, BramaleaI Limited and Marriott.Corporation, Newport Beach The public hearing was opened in connection with this item and Mr. Robert Farrell, representing the applicant, :appeared before the Planning Commission. Mr. Farrell stated that the property owners within the. Bayview Planned Community have requested the street name change inasmuch as the street name would be consistent with the entire development. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to approve the street name change from Crystal Bay Drive to Bayview Circle. -4- COMMISSIONERS y�G �N 99 9 m7t 9y g oy C` � o ah 9� CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX Commissioner Merrill suggested that the applicant should be held responsible for the cost of the street name change. The Planning Commission discussed the recommendation that the City should be held free of any costs that may be incurred because of the street name change. In conclusion, the maker of the motion agreed to amend the motion to include a Finding and a Condition wherein the applicant would be held responsible for the cost of the street name signs. Motion x Motion was voted on to approve the street name change All Ayes from Crystal Bay Drive to Bayview Circle including Finding No. 1: "That the request to rename the street entails cost to the City for installing new street signs," and Condition No. 1: "That the applicant shall pay the cost of installing the required new street name signs. ". MOTION CARRIED. FINDING: 1. That the request to rename the street entails cost to the City for installing new street signs. . CONDITION: 1. That the applicant shall pay the cost. of installing the required new street name signs. . A. Traffic Study (Public Hearing). Item No.4 TS Request to approve a traffic study in conjunction with the construction of a motel and a related restaurant= — and the acceptance of an environmental document. UP3289 AND Approved B. Use Permit No. 3289 (Public Hearing) Request to permit the construction of a 53 unit motel facility and a related restaurant and cocktail lounge, on property located in the "Retail and Service Cormier -, cial" area of the Mariner's Mile Specific Plane Area. The proposal also includes a modification.to the Zoning Code so as to allow the use of compact parking spaces • for a portion of the required off - street parking.. -5- COMMISSIONERS 10'110\ ymG�y � � CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX LOCATION: A portion*of Lot A, Tract No. 919, located at 2300 West Coast Highway on the northerly side of West Coast High- way, across from Cano's Restaurant, in the Mariners Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Jermafa, Inc., Upland OWNER: Same as applicant In response to a question posed by Commissioner Debay, James Hewicker, Planning Director, stated that the Municipal parking lot is not directly connected to Cliff Drive as is stated in the Traffic Study. The public hearing was opened in connection with this item, and Mr. Max Williams, 276 No. Second Street, Upland, representing the applicant, appeared before the . Planning Commission. Mr. Williams stated that the applicant has met with the Newport Heights Community Association to determine their concerns regarding the proposed project, and he said that the two parties involved addressed the color of the roofing material and the proposed exterior lighting. Mr. Williams explained that the exterior lighting would project no glare; however, he said that there would be adequate lighting for security purposes and in the parking area. In response to a question posed by Chairman Person, Mr: Williams replied that the applicant concurs with the findings and conditions as stated in Exhibit "A".. In reference to the second floor restaurant proposed for the project, Commissioner Winburn asked if there . would be a waiting area outside of the restaurant and if outside amplified speakers are proposed? Mr.. Williams explained that an outside waiting area for -the restaurant is not proposed. He 'stated that the swimming pool is in an enclosed area to contain the noise and activities, and that the applicant will control the recreational hours. In response to a question posed by Commissioner Winburn, Mr. Williams. stated that the applicants would agree to a condition that would state that there would be no outdoor • speakers adjacent to the restaurant. -6- COMMISSIONERS MINUTES N-00a � September 10, 1987 CC CEO 9y CITY OF NEWPORT BEACH ROL CALL INDEX In response to questions posed by Commissioner Debay and Mr. Hewicker, Mr. Williams described the screened roof area of the proposed project and the mechanical equipment that would be installed on the roof of the restaurant. Mr. Williams stated that there would be no mechanical equipment on the roof of the hotel. In reference to the equipment that may be viewed by the residents on the bluff above the proposed project, Mr. Williams stated that the applicant would cooperate with the recommendations that staff may have to screen the mechandical equipment. In response to a question posed by Commissioner Merrill, Mr. Williams stated that the laundry room equipment will be ventilated through a wall. Ms. Gail Demmer, 2812 Cliff Drive, appeared before the Planning Commission on behalf of the Newport Heights Community Association. Ms. Demmer stated that the - proposed project meets the standards compatible with the surrounding area. Ms. Demmer stated that the Newport Heights Community Association requested assurance that the proposed project shall not exceed 26 feet as stated in Condition No. 2. She addressed conditions and concerns as follows: Condition No. 7 - to screen the roof top air conditioning units; Condi- tion No. 19 - to expand the landscaping condition to require landscaping that would buffer the parking lot area; that a condition be added that would prohibit exterior loudspeakers and amplified music; and that there be restricted hours in the swimming pool area.' Ms. Demmer stated that the Newport Heights Community Association concurs with the visual impact of the entire project. Ms. Demmer emphatically stated that the Newport Heights residents are concerned that Mariner's Mile could become "glitzy ". Ms. Demmer,�Chairman Person, Commissioner Pomeroy, and Mr. Hewicker discussed roof top screening, and Mr. Hewicker stated that if the screening would exceed the 26 foot height limit, the applicant would have to come back to the Planning Commission even if the screening would be considered an architectural feature. Commissioner Debay asked if there needs to be air space on top of an air conditioning unit to function properly? Mr. David Rich, 1625 E. Balboa Boulevard, • architect, appeared before the Planning Commission, and he explained why lattice work over a roof top air conditioning unit could create problems. -7- COMMISSIONERS dG�F, J�ofp �g2gy CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX Ms. Vickie Viesche, 2401 Cliff Drive, neighbor, appeared before the Planning Commission in support of the proposed project; however, she stated her concerns as follows: that the trees be limited to a height of 20 feet; the location of the trash area; that the swimming pool hours be regulated; that the six foot block concrete wall be landscaped and that there be adequate drainage; the closing hour of the cocktail lounge; construction dirt and dust from coming into her property; and the hours of construction. Discussion followed regarding construction schedule regulations, and Don Webb, City Engineer, stated that the Municipal Code permits Citywide construction on Sundays between 10:00 a.m. and 6:00 p.m. and from 7:00 a.m. to 6:00 p.m. during the week. In response to questions posed by Ms. Viesche and her concern regarding a roadway below her residence and to the rear of the proposed project, Mr. Webb explained that a median may be constructed on West Coast Highway which may restrict ingress and egress to the proposed project wherein the traffic circulation system would be modified to include access through the Municipal parking lot and to the rear of the proposed project. Discussion followed regarding how the driveway traffic could be restricted. There being no others desiring to appear and be heard,. the public hearing was closed at this time. Mr. Hewicker commented that the Newport Heights Community Association has requested that neon lighting be prohibited from Mariner's Mile, but florescent or incandescent lighting would be acceptable to the residents. In response to concerns regarding the, landscaping proposed for the rear portion of the' property, the public hearing was reopened and Mr. Williams reappeared before the Planning Commission. Mr. Williams explained that landscaping is proposed for the parking area and that the applicants intend to maintain and limit the tree height to 20 feet. In addition, Mr. Williams commented that the roof top air conditioning unit can be screened either partially or fully but it would need an opening. He explained that the applicant has attempted to depress the roof area as much as possible in the kitchen area to retain the 26 • foot height limit. The public hearing was closed at this time. -8- COMMISSIONERS Nnl\ - � CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX Motion x Motion was made to approve Use Permit No. 3289, Traffic Study and the related Environmental Document subject to the findings and conditions in Exhibit "A" including the following amended or added conditions: add to Condition No. 19 "that the landscaping plan shall include landscaping along the northerly property line to act as a buffer for the residential uses located on top of the bluff, and that tree and shrub heights be limited to 20 feet on- site. "; add Condition No. 34 "that.neon strip lighting shall not be installed on the building in a manner that would infringe upon the views from the top of the bluff to the rear of the property. "; add Condition No. 35 "that outside amplified sound shall not be allowed. "; add Condition No. 36 "that the swimming pool and jacuzzi uses shall be restricted to the hours between 6:00 a.m. and 11:00 p.m daily." In reference to Condition No. 28 regarding handicapped parking, Mr. Hewicker inquired if the Planning Commission intended to reword said condition so as to require the handicapped parking sign to one sign on a post. The maker of the motion concurred with Mr. Hewicker's comment. Commissioner Merrill referred to Condition No. 8 and requested that a typographical error be corrected to "a" from "at ". Discussion followed regarding added Condition No. 34 regarding neon lighting, and Commissioner- Pomeroy stated that the intent of the motion was to control neon lighting on three sides of the project but not the side facing West Coast Highway. Commissioner Debay commented on the proposed signage and the drive apron standard. Commissioner Di Sano commented that the applicant has recognized the the Newport Heights Community Association concerns, and that he would support the motion. Motion voted on to approve Use Permit No. 3289, Traffic Study, and Related Environmental Document including aforementioned modified Condition No. 8, amended Condition No. 19, modified Condition No. 28, added *yes Conditions No. 34, No. 35, and No. 36. MOTION CARRIED. -9- COMMISSIONERS - '01\A 99,e9 CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following findings: FINDINGS: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA) , the State EIR Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto the project will not have a significant adverse impact on the environment. B. TRAFFIC STUDY • FINDINGS: . 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the proj -, ect- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street. 3. That the Traffic Study indicates that the proj- ect- generated traffic will not be greater than one percent of the existing traffic during the 2h hour peak periods on any leg of the critical inter- sections. C. USE PERMIT No. 3289 FINDINGS: 1. That the proposed development is consistent with the Land Use Elements of the General Plan and the Local Coastal Program, and is compatible with • surrounding land uses. 2. The project will not have any significant environ- mental impact. -10- COMMISSIONERS y'0 F�o mp F �w 99'O'� 9 9i 9y goy CC o 9y CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX 3. That adequate parking is proposed to serve the project. 4. That the approval of a modification to permit the use of compact car spaces will not, under the circumstances of this particular case, be detri- mental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City and further that the proposed modi- fications are consistent with the legislative intent of Title 20 of this code. 5. That the proposed development conforms to all requirements of the SP -5 District. 6. 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. 7. That the applicant is on notice that in the future, a raised median may be installed on West Coast Highway and that left turns in and out of the site may be prohibited across the frontage of the property for future restriping or widening of West Coast Highway and that the proposed develop - ment will generate additional traffic that may require the future construction of acceleration' and /deceleration lanes. 8. That the applicant is on notice that, in the future, the City may require that vehicular access be provided to the Municipal parking lot. The minimum width, location and design shall be . approved by the City Engineer. 9. The approval of Use Permit No.. 3289, under the circumstances of this case, will not be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -11- COMMISSIONERS MINUTES September 10, 1987 CITY OF NEWPORT BEACH 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except as noted below. 2. That the height of the building shall not exceed 26 feet as measured from existing grade. 3. That a 6 foot high masonry wall shall be provided along all interior lot lines, to be reduced to 3 feet in height adjacent to West Coast Highway for sight distance purposes. 4. That one parking space shall be provided for each 40 sq.ft, of "net public area" in the proposed restaurant facility and that one parking space per room in the motel shall be provided. 5. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 6. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 7. That all trash areas and mechanical equipment shall be screened from view from West Coast Highway, from Ensign View Park and from the adja- cent residences. S. That a trash compactor shall be installed in_ the restaurant facility. 9. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease . may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. Grease interceptors shall be located in such a way as to be easily accessible for routine cleaning and inspection. 10. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. -12- INDEX COMMISSIONERS f" to OOA 9�m �G9 9��oy9f y 4 ` y CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX 11. That no live entertainment or dancing shall be permitted in the restaurant or motel unless an amendment to this use permit is approved by the Planning Commission. 12. That neither the conference room nor outdoor deck areas shall be used in conjunction with the restaurant - bar facility, unless an amendment to this use permit is approved by the Planning Commission. 13. That the final location of the monument sign in the front setback area shall be subject to' the approval of the City Traffic Engineer. 14. That all improvements be constructed as required. by Ordinance and the Public Works Department. 15. That a standard use permit agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain a building permit prior to completion of the public improve- ments. 16. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 17. That the existing storm drain easement located along the.northerly side of the subject parcel be shown on the grading plan and building plans. 18. That the intersection of the private drive with West Coast Highway be designed to provide sight distance for a speed of 45 miles per hour. Signs, landscaping, walls and other obstruction shall be considered in the sight distance requirements.. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at noncritical locations, subject to approval of the Traffic Engineer.. 19. That landscape plans shall be subject to review and approval of the Planning Department, Parks, Beaches and Recreation Department and Public Works Department. The landscaping plan shall include landscaping along the northerly property line to -13- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX act as a buffer for the residential uses located on top of the bluff, and that tree and shrub heights shall be limited to 20 feet on -site. 20. That the unused drive aprons be removed and replaced with curb, gutter and sidewalk, that the proposed drive apron be constructed per City Standard 166 -L:j and that the existing deterior- ated sidewalk be reconstructed to a width of 10 feet along the West Coast Highway frontage under an encroachment permit issued by the Public Works Department and California Department of Transpor- tation. 21. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department for the site improvements prior to issuance of any grading or building permits. Any modifications or extensions to the existing storm drain system shown to be required by the study shall be the responsibility of the developer. 22. That prior to issuance of any grading or building permits for the site, the applicant shall demon- strate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 23. That 12 feet of right -of -way be dedicated to.the public for street and highway purposes along the West Coast Highway frontage prior to issuance of any grading or building permits. 24. That County Sanitation District fees be paid prior to issuance of any building permits. 25. That plan check and inspection fees be paid for public works improvements. 26. That the proposed landscaping located within the 12 foot dedication along the West Coast Highway . frontage not be included as a part of the required landscaped area. 27. That the overhead utilities along the West Coast Highway frontage be undergrounded. -14- COMMISSIONERS 00 . �G 9N 99 .0 9 sx Mk vy CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROEM CALL INDEX 28. That the required number of handicapped parking spaces shall be designated 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 handi- capped at all times. One handicapped sign on a post shall be required for each handicapped parking space. 29. That the light system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed electrical engineer; with a letter from the engineer stating that, in his opinion, this requirement has been met. 30. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require an automatic fire sup - pression /sprinkler protection system. 31. That the Fire Department access shall be approved by the Fire Department. 32. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 33. 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. 34. That decorative neon strip lighting shall not be installed on the building in a manner that would infringe upon the views from the top of the bluff to the rear of the property. 35. That no outside amplified sound shall be allowed. 36. That the swimming pool and jacuzzi uses shall be restricted to the hours between 6:00 a.m. and 11:00 p.m. daily. -15- COMMISSIONERS 9 y�G�y 9N�9(C � o4x vy CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX Variance No. 1142 (Public Hearing) Item No.5 Request to permit the construction of a single family V1142 dwelling on property located in the R -1 District which exceeds the maximum permitted height in the 24/28 Foot Continued Height Limitation District. All construction will be to 10 -8 -87 below the top of curb on Ocean Boulevard, except for two chimneys. The proposal also includes a modifica- tion to the Zoning Code so as to allow the reconstruc- tion of an existing wall which exceeds 3 feet in height and is located within the 10 foot front yard setback area; and the acceptance of an environmental document. LOCATION: A portion of Block 033, Corona del Mar, located at 2723 Ocean Boulevard, on the southwesterly side of Ocean Boulevard, between Fernleaf Avenue and Goldenrod Avenue in Corona del Mar. ZONE: R -1 • APPLICANT: Eric Welton, Corona del.Mar OWNER: Same as applicant _ The public hearing was opened in connection with this item and Mr. Eric Welton., applicant, 2960 Bayview Drive, appeared before the Planning Commission to present a brief presentation and to request support for his application. Mr. Welton stated that he concurs' with the findings and conditions in Exhibit "A ". Ms. Alice Remer, 210 Goldenrod Avenue, appeared before, the Planning Commission in opposition to the subject Variance wherein she made the following statements:. that the property has a steep slope and the property cannot be, reasonably built within the height limitation; the applicant could build a family home, without obstructing the view; that the subject dwelling would obstruct the view to the channel and ocean; and that the granting of the variance would be detrimental to the neighborhood. Ms. Remer presented photographs to the Planning Commission to support her statements regarding loss of view. She compared the proposed dwelling with other structures along Ocean Boulevard, and she discussed the chimneys that were constructed to curb level height. Ms. Remer stated her support for the • request of a sidewalk so as to insure the safety of ._ pedestrians. In reference to Condition No. 7, Ms. Remer stated that the condition should be modified to -16- COMMISSIONERS �ni a `1\ m Nx\-AA\1rr o Mh CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX state that there be no construction and landscaping within the Ocean Boulevard right -of -way, and that the City should not permit the right -of -way to be used for private purposes. In reference to the photographs presented by Ms. Remer, Commissioner Debay asked staff for a clarification regarding view plane, and James Hewicker, Planning Director replied that the preservation of public views from a public area would be considered from the sidewalk, the parkway on Ocean Boulevard, or a motorist driving on Ocean Boulevard. Mr. Hewicker commented that the City has permitted property owners to landscape public rights -of -way adjacent to their lots subject to encroachment permits approved by the City Council. In response to a question posed by Commissioner Pomeroy, Ms. Remer stated that one of the major objections to the subject variance is that the chimneys are proposed to be constructed above the curb line. Mr. John Anderson, 214 Goldenrod Street appeared before the Planning Commission to distribute a letter and photographs to the Planning Commission. Mr. Anderson requested that the subject variance be continued to allow additional time for the applicant to discuss critical points with the neighbors and staff.. He highlighted critical points as follows: preservation of the unique character and scale of the area, the project description and approval process is not sufficiently comprehensive inasmuch as the encroachments are not described in the .plan and the ., additional aspects of the project that would serve as the basis of a Negative Declaration are not available for consideration; no mitigation measures have been offered for the blockage of view because staff's findings have been that there is no impact; that the roof line would create one continuous wall along the property; and that in a previously approved variance at the subject site the roof line was approved at 37 feet above grade which would have been less obtrusive than the proposed single family dwelling. In response to concerns posed by Commissioner Pomeroy . in reference to the photographs submitted by Mr.' Anderson, discussion followed regarding the view plane and the roof line of the proposed project. In summarization, Mr. Hewicker stated that there will be some loss of public view from the public right -of -way -17- COMMISSIONERS 9 7j� ���9CC � O 40 9y CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX by the project because the building projects out toward the channel. He commented that if the roof would be sloped to parallel.the face of the slope, the situation could be rectified, and he discussed the horizontal view intrusions. Commissioner Di Sano referred to the photographs and the view plane, wherein a discussion followed regarding the distance and height of an individual's position from the subject site and the impairment of view. Mr. Welton reappeared before the Planning Commission in rebuttal to the previous comments made and he stated that the photographs were not taken from an accurate site; that the net result will result in an improvement of the public view plane; that landscaping was discussed briefly and those concerns should be directed to the Public Works Department because of the foilage obstruction to the view plane on Ocean Boulevard; and that he has devoted many months of time and money toward the subject variance which has included modifications that comply with requests made by staff and the adjacent property owners. In response to a question posed by Chairman Person regarding the environmental checklist of any impairment of public view, Mr. Hewicker replied that since the checklist and Negative Declaration were prepared, there has been additional information furnished to the staff . that instead, of "no" the answer could be "yes" or.: "maybe" in conjunction with the obstruction of public views. He commented that if the Planning Commission continued the subject variance, then staff would take the same opportunity to look at the view issue and respond to the comments that have been made and the variance would be renoticed. In response to a question posed. by Commissioner- Debay,. Mr. Welton was hesitant to agree with the continuance of the subject variance. Chairman Person referred to the California Environmental Quality Act (CEQA), and he said that the Planning Commission must take into consideration the statements made by.staff as well as the public, and if there is an issue that needs to 'be addressed from an environmental standpoint then any approval given may not be valid. Mr. Welton emphasized that the photographs were a gross distortion of view planes, and that the photographs submitted by the neighbors were taken several sites away from the . subject property. -18- COMMISSIONERS A9 9� CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX Assistant City Attorney- Carol Korade concurred with Chairman Person's statement regarding a potential inaccuracy in the Negative Declaration, and she questioned' if a Planning Commission decision could stand up in court. Mr. David Rich, 1625 E. Balboa Boulevard, architect, appeared before the Planning Commission. Chairman Person suggested that the Planning Commission continue the variance and to ask staff to look at the issues involving the view and the Negative Declaration, and then come back to the Planning Commission. The continuance would also allow the applicant to meet with the adjacent property owners. Mr. Rich stated that the project was designed with the intent of the environmental document, and he maintained that the project has been designed within those constraints. Mr. Welton and Mr. Hewicker discussed a display that could be used temporarily on -site as a height exhibit. • In response to questions posed by Commissioner Debay, Mr. Welton stated that he would not commence construction on -site until the structures currently being developed in China Cove are completed. In reference to the horizontal projection line, Commissioner Pomeroy suggested that the applicant. exhibit balloons to the roof height level. He pointed out the number of visual obstructions that have been constructed above the curb line between Fernleaf Avenue and Marigold Avenue on Ocean Boulevard. Motion x Motion was made to continue Variance No. 1142 to the All Ayes October 8, 1987, Planning Commission meeting. Motion voted on, MOTION CARRIED. _ -19- COMMISSIONERS MINUTES F0 6 0m September 10, 1987 GG 9N 9�'��yy qX 9y CITY OF NEWPORT BEACH ROL CALL INDEX California Beverage Container Recycling and Litter Discussion Reduction Act of 1986 Item No.l Recycling & Discussion of interim procedures for the establishment of redemption centers. Litter Act INITIATED BY: The City of Newport Beach In reference to the California Beverage Container Recycling and Litter Reduction Act of 1986, James Hewicker, Planning Director, reported that effective October 1, 1987, retail outlets will be dispensing disposable beverage containers such as aluminum, glass, and plastic containers. He said that markets with an annual gross sales in excess of $2 million a year will be required to establish convenience zones by January 1, 1988, or the markets will be subject to a fine. Mr. Hewicker stated that the recycling industry is now in the process of installing recycling machines or reverse vending machines that are about the size of a bottled water disposal machine, and he suggested that they be, permitted to be installed so long as there are proper outlets to inform the public as to where the machines are located. Mr. Hewicker stated that the City may receive requests for a grouping of reverse vending machines or larger collection facilities. He indicated that the Municipal Code allows the Planning Director to permit temporary uses to go into commercial and industrial areas for a period of 90 days subject to first bringing the request to the Planning Commission; however, he suggested that staff be granted permission to allow the recycling centers on an interim basis so as to expedite the establishment of the recycling centers. In response to questions posed by the Planning', Commission, Mr. Hewicker explained that the Planning. Commission would be reviewing the Ordinance; that effective October 1, 1987, the markets will be redeeming containers at one cent each; that the markets may pay one cent for each beverage container and then store the container in the back room; there was discussion on the size, noise and location of said machines; and that a Use Permit may be required for.. large recycling centers. Discussion followed regarding • container pick -up by the General Services Department. The Planning Commission directed staff to permit the establishment of recycling centers for 90 days without the requirement of Planning Commission review. -20- COMMISSIONERS 0� OA G F Np y Cr (� y �- 92 CITY OF NEWPORT BEACH MINUTES September 10, 1987 ROL CALL INDEX A D D I T I O N A L B U S I N E S S: Additional Business Planning Director Hewicker informed the Commission that there will be a Joint City Council - Planning Commission meeting on Monday, September 28, 1987, at 2:00 p.m. in Joint CC- the City Council Chambers. PC Meeting A D J O U R N M E N T: 9:30 p.m. Adjournment JAN DEBAY, SECRETARY - CITY OF NEWPORT BEACH PLANNING COMMISSION - • • -21-