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HomeMy WebLinkAbout09/19/1985COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers MINUTES x TIME: 7:30 P.M. c o v a 'v m DATE: September 19, 1985 I2 c m a m Z M= A z T m City of Newport Beach c 2 m o s o o x ROLL CALL INDEX Present Absent �MaO Ay Absent Motion Ayes Absent Motion Ayes Absent II ,, xIxIxIxI Planning Commission Chairman Person was absent. x * r EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Carol Korade, Assistant City Attorney w STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Patricia Temple, Environmental Coordinator Donald Webb, City Engineer Dee Edwards, Secretary x x Minutes of August 22, 1985: x llll x x x Motion was made for approval of the August 22, 1985, Planning Commission Minutes, which MOTION CARRIED. Minutes of September 5, 1985: x x x x x Motion was made for approval of the September 5, 1985, Planning Commission Minutes, as amended regarding the discussion of the Planning Commission work load, which MOTION CARRIED. Request for Continuance: Staff recommended that Item No. 1, Use Permit No. 3162, be continued to October 24, 1985. Motion was made to continue Item No. 1 to October 24, x x x x 1985. Motion voted on, MOTION CARRIED. Minutes of I 9 -5 -85 fort September 19, 1985 MINUTES • Modification No. 904 (Amended) (Public Hearing) Request to amend a previously approved modification application which permitted the construction of buil- dings that encroach to within 5 feet of a rear property line, and related off - street parking and landscape planter areas that encroach to the rear property lines on both sides of an existing 30 foot wide alley (where the Ordinance requires a minimum 10 foot rear yard setback in a commercial district when abutting alley) . The proposed amendment involves a request to construct a 6 foot high chain link fence around three sides of the existing off -site parking lot. Said fencing was not part of the original development plan approved in conjunction with the original modification, and a portion of said fence encroaches 10 feet into the required 10 foot rear yard setback adjacent to the 30 foot wide alley. -2- Itpm Nn_2 Modifica- tion No. 904 (Amended) Approved Condition- ally C s k y 9 a v x r v m C_ 0 0 3 O O W 9 Z 33 Z M m City of Newport Beach a ROLL CALL INDEX Use Permit No. 3162 (Continued Public Hearing) Item No.l Request to permit the expansion of the existing E1 UP3162 Torito Restaurant located in the Newport Place Planned Community so as to allow the use of an existing open Continued courtyard for dining and drinking purposes. The to proposal also includes a request to allow the addi- 8 -24 -85 tional required off - street parking spaces to be provi- ded on an adjoining office building site under the same ownership as the restaurant site. LOCATION: Parcel 1 of Parcel Map 45 -23 (Resub- division No. 347), located at 4221 Dolphin- Striker Way, westerly of Mac- Arthur Boulevard, between Martingale Way and Newport Place Drive in Newport Place. ZONE: P -C • APPLICANT: Stuart Ketchum, Los Angeles OWNER: Same as applicant Motion x Motion was made to continue this item to October 24, Ayes x x x x x 1985. Motion voted on, MOTION CARRIED. Absent x • Modification No. 904 (Amended) (Public Hearing) Request to amend a previously approved modification application which permitted the construction of buil- dings that encroach to within 5 feet of a rear property line, and related off - street parking and landscape planter areas that encroach to the rear property lines on both sides of an existing 30 foot wide alley (where the Ordinance requires a minimum 10 foot rear yard setback in a commercial district when abutting alley) . The proposed amendment involves a request to construct a 6 foot high chain link fence around three sides of the existing off -site parking lot. Said fencing was not part of the original development plan approved in conjunction with the original modification, and a portion of said fence encroaches 10 feet into the required 10 foot rear yard setback adjacent to the 30 foot wide alley. -2- Itpm Nn_2 Modifica- tion No. 904 (Amended) Approved Condition- ally September 19, 1985 Of MINUTES Beach INDEX LOCATION: Parcels No. 1 and 2 of Parcel Map 73 -22, 23 (Resubdivision No. 487), located at 2600 -2740 West Coast Highway, on the northwesterly corner of West Coast Highway_ and Tustin Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANT: Mariners Mile Company, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that the purpose of the subject Modification is so that the applicant may provide better control of the Mariner's Mile Commercial Center parking lot. Mr. Hewicker referred to the staff's revised Findings and Conditions of Approval that would be applicable in the event that the Planning Commission approved some other type of construction instead of the requested chain link fence, such as a masonry wall or a wrought iron fence. The public hearing was opened in connection with this item, and Mr. Ned McCune, part -owner and co- manager, appeared before the Planning Commission. Mr. McCune stated that the applicant has unsuccessfully tried various methods to notify parking lot violators that their automobiles are illegally parked; however, he maintained that if the applicant constructed the requested six foot high chain link fence around three sides of the parking lot, the violators walking to Riverside Avenue, Tustin Avenue, or Avon Street would be more inconvenienced. x x C o � Mr. McCune stated that he does not want a solid wall x _ v A 9 m z c C m a m z m a A= r S c= 0 O i 0 0 0 a z= Z to M z r m September 19, 1985 Of MINUTES Beach INDEX LOCATION: Parcels No. 1 and 2 of Parcel Map 73 -22, 23 (Resubdivision No. 487), located at 2600 -2740 West Coast Highway, on the northwesterly corner of West Coast Highway_ and Tustin Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANT: Mariners Mile Company, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that the purpose of the subject Modification is so that the applicant may provide better control of the Mariner's Mile Commercial Center parking lot. Mr. Hewicker referred to the staff's revised Findings and Conditions of Approval that would be applicable in the event that the Planning Commission approved some other type of construction instead of the requested chain link fence, such as a masonry wall or a wrought iron fence. The public hearing was opened in connection with this item, and Mr. Ned McCune, part -owner and co- manager, appeared before the Planning Commission. Mr. McCune stated that the applicant has unsuccessfully tried various methods to notify parking lot violators that their automobiles are illegally parked; however, he maintained that if the applicant constructed the requested six foot high chain link fence around three sides of the parking lot, the violators walking to Riverside Avenue, Tustin Avenue, or Avon Street would be more inconvenienced. -3- Mr. McCune stated that he does not want a solid wall adjacent to the parking lot because the wall would be a visual obstruction to his neighbors, and that he has no complaint against his neighbors except that they do not have enough parking. Mr. McCune cited that he has been unwillingly providing public parking for the neighboring businesses, and that he is trying to secure a basic property right - the right to exclude others from parking their vehicles on the subject property. Mr. McCune commented that his opposition to staff's recommendation of a four foot high fence is that a four • foot high fence would be easier to jump over, and the applicant's requested five or six foot high fence would discourage a violator because the fence would have to be climbed over. -3- COMMISSIONERS September 19, 1985 F x c o � E s v x ti v c y m Z C T D m Z A L Z ZZ Z� m l City of Newport Beach He commented that Condition No. 10 requesting a ground cover or vines growing on the fence would be redundant because the proposed vinyl cover, as recommended by staff, would be covered. Mr. McCune referred to Condition No. Sa regarding the removal of the three satellite dishes on -site, and commented that after the Weber's World's lease expires on August 31, 1986, the satellite dishes will no longer exist. In referring to Condition No. 8b, Mr. McCune commented that the Newport Ski Company is promoting sail boards three months of the year so that the business will be able to remain open 12 months of the year instead of only during nine months of the winter ski season. Mr. McCune advised that because of the stated reasons he will not enforce Conditions No. 8a and 8b. In response to Commissioner Koppelman's inquiry, Mr. McCune advised that the applicant is currently upgrading the building's landscaping. Mr. McCune stated that the applicant has been renovating the Mariner's Mile landscaping, and in • reference to Condition No. 9, he said that the landscape planters that have been replaced with • concrete were collectors of debris where plants couldn't grow. He said that he will landscape four planter boxes, but that the remaining area would be for delivery and foot traffic, and that the tenants would resent trees in all of the areas. He said that the City's concern for the landscaping should be limited to the border of the property where the fence will be built, and he further stated that requiring the Planning, Public Works, and Parks, Beaches, and Recreation Departments to approve the landscape plan as recommended in Condition No. So, would waste everyone's time. In reference to Condition No. 5, Mr. McCune stated that because the applicant will create one new parking space, the applicant is requesting that the City give credit by allowing the applicant to enlarge the building by 250 square feet at a future date. In reference to Condition No. 4, he asked that the fence be flush with the sidewalk, because the recommended 12 inch setback will be difficult to maintain on the other side of the fence. In response to Commissioner Koppelman's inquiry, Mr. McCune advised that the applicant is currently upgrading the building's landscaping. -4- MINUTES INDEX Acting Chairman 'turner advised that Conditions No. 8a and 8b are in accordance with the City's Sign • Ordinance. Mr. McCune replied that he would not interfere between the City and tenant's actions, but -4- MINUTES INDEX COMMISSIONERS1 September 19, 1985 MINUTES that he would attempt to mediate the problem. Mr. Hewicker commented that the City would not object if the sail boards would be properly relocated to a hard surface area and not tied to a tree as is currently being done. Mr. Hewicker further commented that the satellite dishes were not authorized under the Modification, as approved by the City prior to the construction of the building, and that the City has received letters of complaint regarding these dishes. He said that the subject application is an incentive for the tenants to correct the violations. In response to a question posed by Acting Chairman Turner, Mr. Hewicker replied that the conditions requiring landscaped areas could be modified as long as the landscaping does not fall below the Mariner's Mile Specific Area Plan requirements. 1 I I I I I I In response to an inquiry posed by Commissioner Winburn, Mr. McCune commented that a gate operable by tokens would not be successful because there are too • many tenants involved, and he opined that the system is much more successful when there is only one tenant. Commissioner Koppelman asked Mr. McCune if he would accept a condition regarding the landscaping plan that would be in accordance with the Mariner's Mile Specific Area Plan landscaping requirements and if he would replace the landscaping previously removed from the site? Mr. McCune replied that the applicant is anxious to proceed with the landscaping that is necessary and that as an alternate, the condition could state that the City have the option to see what the applicant has done after the landscaping has been completed. He commented further that he does not want to wait for the approval of the various City Departments in conjunction with the landscape plan. Mr. Hewicker commented that the Planning Department will submit the proposed landscaping plans to the Public Works Department and Parks, Beaches and Recreation Department, so as to save time for the applicant. Acting Chairman Turner asked if the applicant has considered the aesthetics of the chain link fence and its relationship to the property value? Mr. McCune replied that there is concern, but the demand for • parking in the surrounding area will become greater in the future, and the building's tenants have stated that the parking area is not always adequate for their businesses. -5- x C o 0 f a'M y 9 m z c m a m = a z N o s o r o M M= City l Y f Newport p Beach 9 z m that he would attempt to mediate the problem. Mr. Hewicker commented that the City would not object if the sail boards would be properly relocated to a hard surface area and not tied to a tree as is currently being done. Mr. Hewicker further commented that the satellite dishes were not authorized under the Modification, as approved by the City prior to the construction of the building, and that the City has received letters of complaint regarding these dishes. He said that the subject application is an incentive for the tenants to correct the violations. In response to a question posed by Acting Chairman Turner, Mr. Hewicker replied that the conditions requiring landscaped areas could be modified as long as the landscaping does not fall below the Mariner's Mile Specific Area Plan requirements. 1 I I I I I I In response to an inquiry posed by Commissioner Winburn, Mr. McCune commented that a gate operable by tokens would not be successful because there are too • many tenants involved, and he opined that the system is much more successful when there is only one tenant. Commissioner Koppelman asked Mr. McCune if he would accept a condition regarding the landscaping plan that would be in accordance with the Mariner's Mile Specific Area Plan landscaping requirements and if he would replace the landscaping previously removed from the site? Mr. McCune replied that the applicant is anxious to proceed with the landscaping that is necessary and that as an alternate, the condition could state that the City have the option to see what the applicant has done after the landscaping has been completed. He commented further that he does not want to wait for the approval of the various City Departments in conjunction with the landscape plan. Mr. Hewicker commented that the Planning Department will submit the proposed landscaping plans to the Public Works Department and Parks, Beaches and Recreation Department, so as to save time for the applicant. Acting Chairman Turner asked if the applicant has considered the aesthetics of the chain link fence and its relationship to the property value? Mr. McCune replied that there is concern, but the demand for • parking in the surrounding area will become greater in the future, and the building's tenants have stated that the parking area is not always adequate for their businesses. -5- CC)MMISSIONERS1 September 19, 1985 MINUTES INDEX Ms. Marian Rayl, 426 San Bernadino Avenue, appeared before the Planning Commission, on behalf of the Newport Heights Community Association stating their opposition to a chain link fence. She added that if a six foot high fence is approved, the fence should be constructed of wrought iron or wood. Ms. Rayl stated that the Association would prefer a three or four foot high fence. She also commented that the Association supports the recommendation that the existing curb cut be replaced with a curb, gutter, and sidewalk. In response to Commissioner. Goff, Ms. Rayl replied that the Association would approve of a three or four foot high vinyl covered fence so that the fence would eventually be covered by ivy or shrubbery. The public hearing was closed at this time. Mr. Hewicker stated that the City requested more landscaping for the site than what is currently required under the Mariner's. Mile Specific Area Plan. Said plan only requires 50% of the required setback is along the West Coast Highway frontage to be landscaped and 108 landscaping of the parking lot. He said that the condition is trying to achieve landscaping that was originally required by the City instead of the Mariner's Mile Specific Area Plan. Mr. Hewicker stated that Condition No. 8c would require the applicant to comply with the previously approved landscaping standards as opposed to current standards. Mr. Hewicker described to Commissioner Koppelman the area adjacent to the corner of the Newport Ski Company facility that would be approved for the sail board display. He further stated that if the Newport Ski Company makes a decision to enclose the corner adjacent to the building, they will have to come to the City for the approval of a variance to waive the additional parking requirement. Acting Chairman Turner stated that in order to preserve the aethetics of the Mariner's Mile Commercial Center as one of the premier properties in the City, he opined that a chain link fence would be more appropriate for Motion x industrial areas and he made a motion to approve Modification No. 904 (Amended), subject to the findings and conditions in Exhibit "A ", including modified • Finding No. 2, "that the installation of a 4 foot high decorative wall or wrought iron fence will be more in keeping with the purposes, objectives and standards of the Mariner's Mile Specific Area Plan as set forth under Chapter 20.61 of the Newport Beach Municipal Code !M. X x f a v m y 9 z C m y m z C z m O S m> O O Z j City of Newport Beach �_ r INDEX Ms. Marian Rayl, 426 San Bernadino Avenue, appeared before the Planning Commission, on behalf of the Newport Heights Community Association stating their opposition to a chain link fence. She added that if a six foot high fence is approved, the fence should be constructed of wrought iron or wood. Ms. Rayl stated that the Association would prefer a three or four foot high fence. She also commented that the Association supports the recommendation that the existing curb cut be replaced with a curb, gutter, and sidewalk. In response to Commissioner. Goff, Ms. Rayl replied that the Association would approve of a three or four foot high vinyl covered fence so that the fence would eventually be covered by ivy or shrubbery. The public hearing was closed at this time. Mr. Hewicker stated that the City requested more landscaping for the site than what is currently required under the Mariner's. Mile Specific Area Plan. Said plan only requires 50% of the required setback is along the West Coast Highway frontage to be landscaped and 108 landscaping of the parking lot. He said that the condition is trying to achieve landscaping that was originally required by the City instead of the Mariner's Mile Specific Area Plan. Mr. Hewicker stated that Condition No. 8c would require the applicant to comply with the previously approved landscaping standards as opposed to current standards. Mr. Hewicker described to Commissioner Koppelman the area adjacent to the corner of the Newport Ski Company facility that would be approved for the sail board display. He further stated that if the Newport Ski Company makes a decision to enclose the corner adjacent to the building, they will have to come to the City for the approval of a variance to waive the additional parking requirement. Acting Chairman Turner stated that in order to preserve the aethetics of the Mariner's Mile Commercial Center as one of the premier properties in the City, he opined that a chain link fence would be more appropriate for Motion x industrial areas and he made a motion to approve Modification No. 904 (Amended), subject to the findings and conditions in Exhibit "A ", including modified • Finding No. 2, "that the installation of a 4 foot high decorative wall or wrought iron fence will be more in keeping with the purposes, objectives and standards of the Mariner's Mile Specific Area Plan as set forth under Chapter 20.61 of the Newport Beach Municipal Code !M. COMMISSIONERSI September 19, 1985 MINUTES ROLL CALL I 11 I Jill INDEX • Ayes Absent than would the 6 foot chain link fence proposed by the applicant. In addition, the 4 foot fence will still provide a sufficient physical barrier between the subject parking lot and surrounding commercial businesses without creating a, visual barrier which will destroy the openness of the adjoining streetscape "; a modified Condition No. 2, "that the proposed fence shall be a maximum of 4 feet in height and shall be constructed of slump stone, brick, stucco, wrought iron or a combination of these or similar materials "; an amended Condition No. 10, "that the open areas between back of sidewalk and the fence shall be landscaped. Said areas shall be irrigated and continuously maintained "; and an additional Condition No. 13 "that the public alley shall be kept free and clear at all times ". Commissioner Koppelman stated that she will support the motion because a chain link vinyl covered fence would be inconsistent with the aesthetics of the building, and an attractive fence would be an improvement to the parking lot. Mr. Hewicker discussed Conditions No. 8a and No. 9 with Acting Chairman Turner, and the final decision was that the motion would include Conditions No. 8a and No. 9 in order to preserve the original landscaping plan. x x Motion voted on to approve Modification No. 904 (Amended) subject to the findings and conditions in Exhibit "A ",, including modified Finding No. 2, amended Conditions No. 2, and No. 10, and an additional Condition No. 13. MOTION CARRIED. FINDINGS: 1. That the installation of the approved fence is necessary to control the accessibility of the subject parking lot so as to deter the illegal use of said parking by surrounding commercial busi- nesses. X F 2. That the installation of a 4 foot high decorative n wall or wrought iron fence will be more in keeping f a 9 = with the purposes, objectives and standards of the y O r 9 m Mariner's Mile Specific Area Plan as set forth 2 C T q m 2 under Chapter 20.62 of the Newport Beach Municipal M Z 0 z O S 9 a O T O m l City of Newport Beach MINUTES ROLL CALL I 11 I Jill INDEX • Ayes Absent than would the 6 foot chain link fence proposed by the applicant. In addition, the 4 foot fence will still provide a sufficient physical barrier between the subject parking lot and surrounding commercial businesses without creating a, visual barrier which will destroy the openness of the adjoining streetscape "; a modified Condition No. 2, "that the proposed fence shall be a maximum of 4 feet in height and shall be constructed of slump stone, brick, stucco, wrought iron or a combination of these or similar materials "; an amended Condition No. 10, "that the open areas between back of sidewalk and the fence shall be landscaped. Said areas shall be irrigated and continuously maintained "; and an additional Condition No. 13 "that the public alley shall be kept free and clear at all times ". Commissioner Koppelman stated that she will support the motion because a chain link vinyl covered fence would be inconsistent with the aesthetics of the building, and an attractive fence would be an improvement to the parking lot. Mr. Hewicker discussed Conditions No. 8a and No. 9 with Acting Chairman Turner, and the final decision was that the motion would include Conditions No. 8a and No. 9 in order to preserve the original landscaping plan. x x Motion voted on to approve Modification No. 904 (Amended) subject to the findings and conditions in Exhibit "A ",, including modified Finding No. 2, amended Conditions No. 2, and No. 10, and an additional Condition No. 13. MOTION CARRIED. FINDINGS: 1. That the installation of the approved fence is necessary to control the accessibility of the subject parking lot so as to deter the illegal use of said parking by surrounding commercial busi- nesses. -7- 2. That the installation of a 4 foot high decorative wall or wrought iron fence will be more in keeping with the purposes, objectives and standards of the Mariner's Mile Specific Area Plan as set forth under Chapter 20.62 of the Newport Beach Municipal Code than would the 6 foot chain link fence -7- COMMISSIONERS September 19, 1985 X s C O n 2 _ c o > y m z c m a m z z z _* j City of Newport Beach c z m 0 T; O O proposed by the applicant. In addition, the 4 foot fence will still provide a sufficient physical barrier between the subject parking lot and surrounding commercial businesses without creating a visual barrier which will destory the openness of the adjoining streetscape. 3. That the approval of a portion of the fence which encroaches 10 feet into the required 10 foot rear yard setback, adjacent to the alley, will not adversely effect the vehicular circulation within the parking lot or adjacent alley. 4. The approval of Modification No. 904 (Amended) will not, under the circumstances of this particu- lar 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 • 11111111 legislative intent of the Zoning Code. 1. That the proposed fence construction shall he in substantial conformance with the approved site plan, except as noted below. 2. That the proposed fence shall be a maximum of 4 feet in height and shall be constructed of slump stone, brick, stucco, wrought iron or a combination of these or similar materials. 3. That a portion of the approved fence adjacent to Tustin Avenue, shall maintain a minimum 30 foot setback from the alley so as to provide adequate sight distance to Tustin Avenue, in accordance with City Standard Drawing 110 -L. SD MINUTES 4. That portion of the approved fence adjacent to Tustin Avenue shall be located a minimum of 12 • inches from back of sidewalk and a minimum of 30 inches from the face of curb separating the landscape area from the parking lot. This re- quirement may by modified subject to Planning SD MINUTES COMMISSIONERS September 19, 1985 MINUTES F F C O O 2 V > °y m z c m a m = IC Z Z 9 Z T m City of Newport Beach z 0 0 3 0 0 ROLL CALL INDEX Department approval, so as to comply with the minimum clearance requirements for the existing stand pipes at the southwesterly corner of Tustin Avenue and Avon Street. The fence location along Avon Street shall be a minimum of 12 inches behind sidewalk. 5. That the existing curb cut on Avon Street shall be replaced with curb, gutter, and sidewalk as required by the Public Works Department. 6. That the approved fence shall be constructed so as to comply with the minimum clearance requirements as established by the Fire Department, for the existing stand pipes located at the southwesterly corner of Avon Street and Tustin Avenue. This may require that Parking Space No. 14 be designated as a compact parking space. 7. That the applicant shall obtain a Building Permit for the approved fence construction. 8. That prior to the issuance of Building Permits for the approved fence, the applicant shall: a. Remove the three satellite dishes and one directional sign from the subject property unless approved by the City; b. Discontinue display of all sail boards and related equipment within the landscape areas on the subject property and within the public right of way. This condition shall not preclude the display of said boards elsewhere on the site. C. Submit a precise landscaping plan which identifies the size, location and type of existing and proposed plant material. Said landscaping plan shall be subject to the approval of the Planning Department, Public Works Department and the Parks, Beaches and Recreation Department. . 11111111 9. That the applicant shall provide raised landsca- ping in containers at the rear of the building which shall replace the landscape areas previously filled in with concrete. 10 COMMISSIONERS September 19, 1985 MINUTES of Newport Beach ROLL CALL I III Jill I INDEX 0 10. That the open areas between back of sidewalk and the fence shall be landscaped. Said areas shall be irrigated and continuously maintained. 11. That Parking Space No. 14, within the off -site parking area shall be provided with an appropriate wheel stop so as to protect the proposed fence from an encroaching car bumper. 12. That all previous applicable conditions of Modi- fication No. 904 shall be fulfilled. 13. That the public alley shall be kept free and clear at all times. A. Traffic Study (Public Hearing) Item No.3 Request to consider a traffic study so as to permit the Traffic construction of a 85,170 sq.ft. medical office build- Study ing. F1TkL B. Use Permit No. 3166 (Public Hearing) Request to permit the construction of an 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 and the acceptance of an environmental document. 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. ZONE: A -P APPLICANT: Newport Lido Medical Center, Los Angeles OWNER: Same as applicant -10- Use Permit I No. 3166. Approved Condition- ally �x �o _ a z c m y m Z m a z K c z z m 0 3 0= 0 0 a m p m a r r Y 9 z 7 Y m September 19, 1985 MINUTES of Newport Beach ROLL CALL I III Jill I INDEX 0 10. That the open areas between back of sidewalk and the fence shall be landscaped. Said areas shall be irrigated and continuously maintained. 11. That Parking Space No. 14, within the off -site parking area shall be provided with an appropriate wheel stop so as to protect the proposed fence from an encroaching car bumper. 12. That all previous applicable conditions of Modi- fication No. 904 shall be fulfilled. 13. That the public alley shall be kept free and clear at all times. A. Traffic Study (Public Hearing) Item No.3 Request to consider a traffic study so as to permit the Traffic construction of a 85,170 sq.ft. medical office build- Study ing. F1TkL B. Use Permit No. 3166 (Public Hearing) Request to permit the construction of an 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 and the acceptance of an environmental document. 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. ZONE: A -P APPLICANT: Newport Lido Medical Center, Los Angeles OWNER: Same as applicant -10- Use Permit I No. 3166. Approved Condition- ally ROLL September 19, 1985 MINUTES James Hewicker, Planning Director, stated that the subject application is a proposed medical office building that is situated on a site that was previously considered by the City for another medical office facility approximately two and one -half years ago, and a Development Agreement was entered into between the City and the developer. He said that since that time the property has been sold, the current applicants have different project ideas, and as a result of this application, a new traffic study has been performed. Mr. Hewicker referred to the supplemental staff report that was submitted to the Planning Commission. F� The public hearing was opened in connection with this item, and Mr. Jerry King, No. 1 Civic Plaza, Suite 250, ro = appeared before the Planning Commission on behalf of C a > v m the applicant. Mr. King reviewed the proposed project 2 c m s m = and compared the present project to the previously M `Z O> o T of proposed project on which meetings and public hearings 0 m m City v of Newport a Beach a that the proposed project is an attempt to address many of the concerns expressed in the previous proposed James Hewicker, Planning Director, stated that the subject application is a proposed medical office building that is situated on a site that was previously considered by the City for another medical office facility approximately two and one -half years ago, and a Development Agreement was entered into between the City and the developer. He said that since that time the property has been sold, the current applicants have different project ideas, and as a result of this application, a new traffic study has been performed. Mr. Hewicker referred to the supplemental staff report that was submitted to the Planning Commission. -11- The public hearing was opened in connection with this item, and Mr. Jerry King, No. 1 Civic Plaza, Suite 250, appeared before the Planning Commission on behalf of the applicant. Mr. King reviewed the proposed project and compared the present project to the previously proposed project on which meetings and public hearings were held October 1981 through February 1982. He said that the proposed project is an attempt to address many of the concerns expressed in the previous proposed project, including the return of much of the open space. Mr. King advised that there are a total of 648 required parking spaces, 210 parking spaces are at the surface level, and 438 parking spaces are within the subterranean parking structure. He stated that the proposed project will include an additional 80 offices plus the opportunity to include a diagnostic operation within the proposed structure, and includes a comprehensive remodeling of the existing structure. Mr. King stated that the two medical office buildings will be linked with a three story atrium with entries from the parking structure to the new building. He commented that the proposed project represents a 1.08 floor area ratio that the applicant feels to be adequate and consistent with the desire to keep as much open space on the site as possible. 228 of the site will be occupied by structures. Mr. King described the ingress /egress traffic pattern to the structure in the vicinity of Flagship Road and Hospital Road. He commented that the employees will be asked to park on -site in the lower level of the subterranean structure. Mr. King described from the pictoral display the aethetics and landscaping of the proposed structure. -11- COMMISSIONERS September 19, 1985 MINUTES INDEX In response to Mr. King's inquiry regarding the intent of Condition No. 30, Don Webb, City Engineer, advised that the sewer line exists where the new building will be constructed, and the sewer line will need to be relocated; therefore, in order to build a trench to replace the sewer line when or if it fails, the City requires that the footings be below the level of the sewer or below a line that comes up from the bottom of the sewer to a 45 degree angle so that the City doesn't undercut the footing of the building when digging the trench. Mr. Webb advised that the applicant will pay the costs of the additional traffic improvements that are needed for the proposed development and that this will be one -half of a scheduled City improvement project on Hospital Road easterly of Newport Boulevard; however, Mr. Webb stated that a dollar figure has not been finalized. • In response to Commissioner Kurlander, Mr. King advised that the applicant approves Condition No. 75 regarding the recording of a Covenant. Mr. King commented that an agreement has been made by the applicant to utilize Hoag Hospital's excess parking and "Cal -Trans East" for temporary parking for construction workers. In response to Acting Chairman Turner, he said that traffic surveys have been taken, and during a peak period the maximum number of parking spaces that would be required for the medical facility would be between 300 - 400 parking spaces. Commissioner Winburn asked Mr. King how the interim parking will be managed during the period of construction and if the Doctors have been notified? Mr. King replied that construction should be completed early 1987, and that portions of the structure will be utilized as the parking spaces are made available. He said that the majority of the Doctors are aware of the parking situation and that a final analysis has not been determined regarding a patient priority system for valet parking and available parking spaces in front of the building. John Baldwin, resident of the Park Lido condominiums across the street from the proposed project, and a board member of the condominium association, appeared before the Planning Commission. Mr. Baldwin opined that the proposed project is an improvement from the previous project, and that the current parking problems -12- 7 F n F s a = y c r v m 2 c m y ," 2 c z N O r 0 0 City of Newport Beach 9 a j m INDEX In response to Mr. King's inquiry regarding the intent of Condition No. 30, Don Webb, City Engineer, advised that the sewer line exists where the new building will be constructed, and the sewer line will need to be relocated; therefore, in order to build a trench to replace the sewer line when or if it fails, the City requires that the footings be below the level of the sewer or below a line that comes up from the bottom of the sewer to a 45 degree angle so that the City doesn't undercut the footing of the building when digging the trench. Mr. Webb advised that the applicant will pay the costs of the additional traffic improvements that are needed for the proposed development and that this will be one -half of a scheduled City improvement project on Hospital Road easterly of Newport Boulevard; however, Mr. Webb stated that a dollar figure has not been finalized. • In response to Commissioner Kurlander, Mr. King advised that the applicant approves Condition No. 75 regarding the recording of a Covenant. Mr. King commented that an agreement has been made by the applicant to utilize Hoag Hospital's excess parking and "Cal -Trans East" for temporary parking for construction workers. In response to Acting Chairman Turner, he said that traffic surveys have been taken, and during a peak period the maximum number of parking spaces that would be required for the medical facility would be between 300 - 400 parking spaces. Commissioner Winburn asked Mr. King how the interim parking will be managed during the period of construction and if the Doctors have been notified? Mr. King replied that construction should be completed early 1987, and that portions of the structure will be utilized as the parking spaces are made available. He said that the majority of the Doctors are aware of the parking situation and that a final analysis has not been determined regarding a patient priority system for valet parking and available parking spaces in front of the building. John Baldwin, resident of the Park Lido condominiums across the street from the proposed project, and a board member of the condominium association, appeared before the Planning Commission. Mr. Baldwin opined that the proposed project is an improvement from the previous project, and that the current parking problems -12- COMMISSIONERS' September 19, 1985 MINUTES W Beach should improve because of the subterranean parking structure. He commented that the four story building will block some views from the condominiums. x A - c o Suzanne McBrien, 1812 Antigua. Circle, appeared before m z c m y m z W a A z r 0 x M Z O i 'VAMISSIONERS September 19, 1985 x C o x T x y m z c m a m z C A z M= r m j City of Newport Beach c z N o i o 0 Ms. Temple cited that the Planning Commission could require more handicap parking spaces if the Planning Commission could make a Finding based on substantial evidence that the proposed project requires more handicap parking. She stated -that the Traffic Engineer did not feel there was any reason to suspect that the State Code handicap requirements was deficient for a medical office building or for any other use. Motion x Commissioner Kurlander made a motion to approve the Traffic Study and Use Permit No. 3166, subject to the findings and conditions in Exhibit "A ", including additional Finding No. 11 and Conditions No. 73, 74, 75, and 76. Commissioner Winburn advised that she will support the motion and compared the positive attitudes of the community regarding the proposed project to the • previous project. -14- MINUTES INDEX Commissioner Eichenhofer asked if there would be a left turn lane coming out of the parking structure onto Hospital Road. Mr. Webb replied that there is not a left turn lane, that there is some concern that if there would be a left turn lane that there could be a large volume of traffic backed up which could be unsafe. Commissioner Eichenhofer and Mr. Webb discussed the Flagship Road/Placentia Avenue intersection, including the possibility of restriping lanes and prohibiting parking from Park Lido up to Placentia Avenue. Mr. Webb said that the Traffic Engineer will be reviewing the site after the start of the operation. Mr. King commented that the applicant is concerned about the access as well as exiting the structure, and dividing the traffic in the area. He commented the survey has shown that the traffic has been spread out evenly through the day without creating a traffic problem. He said that the applicant agrees to Condition No. 76. Mr. King stated that the contractor has advised the applicant that the entire parking structure will be addressed as a separate structure and will be completed in six months, and the current parking lot will be highlighted for handicap uses. In response to Commissioner Kurlander's inquiry, Mr. King replied that over 400 parking spaces will be immediately available to the medical center. Motion x Commissioner Kurlander made a motion to approve the Traffic Study and Use Permit No. 3166, subject to the findings and conditions in Exhibit "A ", including additional Finding No. 11 and Conditions No. 73, 74, 75, and 76. Commissioner Winburn advised that she will support the motion and compared the positive attitudes of the community regarding the proposed project to the • previous project. -14- MINUTES INDEX COMMISSIONERS September 19, 1985 MINUTES X c o x C v v m [W 2 C m y m = M z x= m m City of Newport Beach c 2 0 o S O O R LL CALL INDEX Commissioner Koppelman stated that she will'support the motion citing the building footprint has been considerably reduced from the previous project, that the open space is larger, and the aesthetics of the parking area are improved. The motion was voted on to approve Traffic Study and Ayes x x x x Use Permit No. 3166, subject to the findings and Absent x conditions in Exhibit "A ", including the supplemental findings.and conditions. MOTION CARRIED. A. Environmental Document Findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the de- cisions on this project. • 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce poten- tially significant environmental effects, and that the project will not result in significant en- vironmental 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 proj- ect- 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, and will add to an unsatisfactory level of traffic service at one critical inter- section which will have an Intersection Capacity isUtilization of greater than .90. -15- September 19, 1985 MINUTES 3. That the Traffic Studies suggest several circu- lation system improvements which will improve the level of traffic service to an acceptable level at the critical intersection. Conditions: 1. That prior to the occupancy of the proposed project, the applicant shall contribute 508 of the Circulation System Improvement for the intersection of Hospital Road and Newport Blvd. described in the supplemental Traffic Study. 2. After project completion, if measures are needed to improve traffic flow on Flagship Road approach- f a v z ing Placentia Avenue, parking at the north curb v m along Flagship Road may be restricted for approxi- C mately 150 feet from the intersection and striping M C 2 M 0 Z O r 0 0 Xi 0 may be added to create a right -turn only lane. 1 City of Newport Beach 2 9 Z y= T parking by six spaces while improving circulation 3. That the Traffic Studies suggest several circu- lation system improvements which will improve the level of traffic service to an acceptable level at the critical intersection. Conditions: 1. That prior to the occupancy of the proposed project, the applicant shall contribute 508 of the Circulation System Improvement for the intersection of Hospital Road and Newport Blvd. described in the supplemental Traffic Study. C. Use Permit No. 3166 Findings: 1. The project will comply with and State Building Codes and for new building applicable which the proposed project those items requested in c proposed modifications. all applicable City Zoning requirements to the district in is located, except injunction with the • I ( ( ( I I 2. That the proposed use is consistent with the Land 1 Use Element of the General Plan, and is compatible with surrounding land uses. -16- 2. After project completion, if measures are needed to improve traffic flow on Flagship Road approach- ing Placentia Avenue, parking at the north curb along Flagship Road may be restricted for approxi- mately 150 feet from the intersection and striping may be added to create a right -turn only lane. This would result in the reduction of on- street parking by six spaces while improving circulation significantly. As the demand for on- street • parking appears to be high at this location, a review of parking impacts would be conducted to determine the feasibility of implementing this improvement. One year after occupancy of the project, the Public Works Department shall review the operation of the intersection and require the applicant to make the improvement if necessary. The applicant shall post a bond for the cost of this improvement prior to the issuance of grading permits. C. Use Permit No. 3166 Findings: 1. The project will comply with and State Building Codes and for new building applicable which the proposed project those items requested in c proposed modifications. all applicable City Zoning requirements to the district in is located, except injunction with the • I ( ( ( I I 2. That the proposed use is consistent with the Land 1 Use Element of the General Plan, and is compatible with surrounding land uses. -16- COMMISSIONERS September 19, 1985 3. The project lot size conforms to the Zoning Code area requirements. 4. Adequate off - street parking and related vehicular circulation will be provided in conjunction with the proposed development. 5. The proposed number of compact car spaces consti- tutes 25 percent of the parking requirements which is within limits generally accepted by the Plan- ning Commission relative to previous similar applications. 6. The increased building height will result in more public visual open space and views than is required by the basic height limit. 7. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual . character of the area than is required by the basic height limit. 8. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces. • 9. The structure will have no more floor area than could have been achieved without the use permit for the building height. 10. The proposed Use Permit to exceed the basic height limit will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and 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. Adequate security is necessary to insure use of the parking structure. -17- MINUTES C x - £ s v = v > y m z c m o m z e Z z m z m z T m City of Newport Beach 3. The project lot size conforms to the Zoning Code area requirements. 4. Adequate off - street parking and related vehicular circulation will be provided in conjunction with the proposed development. 5. The proposed number of compact car spaces consti- tutes 25 percent of the parking requirements which is within limits generally accepted by the Plan- ning Commission relative to previous similar applications. 6. The increased building height will result in more public visual open space and views than is required by the basic height limit. 7. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual . character of the area than is required by the basic height limit. 8. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces. • 9. The structure will have no more floor area than could have been achieved without the use permit for the building height. 10. The proposed Use Permit to exceed the basic height limit will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and 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. Adequate security is necessary to insure use of the parking structure. -17- MINUTES COMMISSIONERS September 19, 1985 MINUTES Z Conditions: MI� � � 1 INDEX 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except as noted below. 2. That all applicable conditions of the Traffic Study shall be fulfilled. 3. A complete hydrology study and hydraulic analysis shall be performed to address the amount of and manner in which all flows to and from the site are accommodated. 4. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 5. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, • to minimize any potential impacts from silt, debris, and other water pollutants. 6. The grading permit shall include a description of haul routes, access routes, access points to the site and watering and sweeping program designed to minimize impacts of haul operation. 7. An erosion, siltation and dust control plan, if required, shall be submitted and he subject to the approval of the Building Department. 8. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design. 9. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site, 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. 10. That final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water using facil- ities. -1s- x x Co a v r m z c y m z m D z r O Z C z 2 p; 0 0 9 m o 0 D T T 2 T 2 M 9 2 '" m Z Conditions: MI� � � 1 INDEX 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except as noted below. 2. That all applicable conditions of the Traffic Study shall be fulfilled. 3. A complete hydrology study and hydraulic analysis shall be performed to address the amount of and manner in which all flows to and from the site are accommodated. 4. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 5. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, • to minimize any potential impacts from silt, debris, and other water pollutants. 6. The grading permit shall include a description of haul routes, access routes, access points to the site and watering and sweeping program designed to minimize impacts of haul operation. 7. An erosion, siltation and dust control plan, if required, shall be submitted and he subject to the approval of the Building Department. 8. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design. 9. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site, 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. 10. That final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water using facil- ities. -1s- 'VIMISSIONERS September 19, 1985 X C o x C v a m 2 C m y m Z 14. A landscape and irrigation plan for the project I a z z m I City of Newport Beach 11. Prior to occupancy of any building, the applicants shall provide written verification from the Orange County Sanitation Districts that adequate sewer capacity is available to serve the project. 12. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said structures be sound attenu- ated so as to not exceed 55 dBA at the property lines. The latter shall be based upon the rec- ommendations of a qualified acoustical engineer, and be approved by the Building Department. 13. Building construction will be in accordance with the Uniform Building Code and requirements of the City's building permit for the project. 15. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department and Public Works Department. 16. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 17. The landscape plan shall place heavy emphasis on the use of drought resistant native vegetation and be irrigated via a a system designed to avoid surface runoff and overwatering. 18. Landscaping shall be installed in as early a phase as possible, not leaving planting for the final construction phase. I 19. That the landscaping plans adjacent to the drive entrances be reviewed and approved by the Public Works Department and the Department of Parks, -19- MINUTES INDEX 14. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to occu- pancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan.) 15. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department and Public Works Department. 16. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 17. The landscape plan shall place heavy emphasis on the use of drought resistant native vegetation and be irrigated via a a system designed to avoid surface runoff and overwatering. 18. Landscaping shall be installed in as early a phase as possible, not leaving planting for the final construction phase. I 19. That the landscaping plans adjacent to the drive entrances be reviewed and approved by the Public Works Department and the Department of Parks, -19- MINUTES INDEX • l/ 11 u COMMISSIONERS September 19, 1985 Beaches and Recreation, for sight distance re- quirements. 20. That the proposed landscaping over the existing and proposed sewer easements shall be subject to further review by the Public works Department. 21. The structure and parking lot lighting 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 pre- pared and signed by a licensed electrical engi- neer; with a letter from the engineer stating that, in her /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 the final design of on -site vehicular and pedestrian circulation be reviewed and approved by the Public works Department and the Planning Department prior to the issuance of the grading permit. 24. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 25. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 26. The layout of all parking shall be subject to further review and approval of the City Traffic Engineer. 27. That all improvements be constructed as required by Ordinance and the Public works Department. 28. That an agreement and accompanying surety be provided if it is desired to obtain a building -20- MINUTES x c o o i f A y v 9 m z c m y m z c z C n= w o s o m> r 0 m City of Newport Beach 9= Beaches and Recreation, for sight distance re- quirements. 20. That the proposed landscaping over the existing and proposed sewer easements shall be subject to further review by the Public works Department. 21. The structure and parking lot lighting 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 pre- pared and signed by a licensed electrical engi- neer; with a letter from the engineer stating that, in her /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 the final design of on -site vehicular and pedestrian circulation be reviewed and approved by the Public works Department and the Planning Department prior to the issuance of the grading permit. 24. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 25. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 26. The layout of all parking shall be subject to further review and approval of the City Traffic Engineer. 27. That all improvements be constructed as required by Ordinance and the Public works Department. 28. That an agreement and accompanying surety be provided if it is desired to obtain a building -20- MINUTES 10 September 19, 1985 MINUTES permit prior to completion of the public improve- ments. 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 Build- ing Permits, and that the design of the sewer be by a licensed engineer on the Public Works Depart- ment Standard Plan sheets. 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 footing is intersected when a 1 to 1 slope is projected from the flow line of pipe to the bottom of footing so that. the footing is able to take lateral forces in the event of sewer main exca- vation. 31. That a concrete sidewalk be completed along the Flagship Road frontage and access ramps be con- structed at the corners of Flagship Road and Patrice Road, and Flagship Road and Placentia Avenue. 32. That prior to the issuance of the Grading Permit the applicant shall demonstrate to the satisfac- tion of the Public Works Department that adequate site distance has been provided at the xOSpital Road entrance and at the northeasterly corner of the proposed medical building. 33. That prior to issuance of any building permits for the site, the applicants shall demonstrate to the satisfaction of the Public Works Department and Building Department that adequate sewer facilities will be available for the project. Such demon- stration shall include verification from the Orange County Sanitation Districts. The applicant shall be responsible for the design and con- struction of any additional sewer facilities needed to serve the project. 34. Interim parking arrangements during the con- struction 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). -21- c o g 'v m 9 � c 2 C m s m Z MZ z z o r m a = i City of Newport Beach permit prior to completion of the public improve- ments. 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 Build- ing Permits, and that the design of the sewer be by a licensed engineer on the Public Works Depart- ment Standard Plan sheets. 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 footing is intersected when a 1 to 1 slope is projected from the flow line of pipe to the bottom of footing so that. the footing is able to take lateral forces in the event of sewer main exca- vation. 31. That a concrete sidewalk be completed along the Flagship Road frontage and access ramps be con- structed at the corners of Flagship Road and Patrice Road, and Flagship Road and Placentia Avenue. 32. That prior to the issuance of the Grading Permit the applicant shall demonstrate to the satisfac- tion of the Public Works Department that adequate site distance has been provided at the xOSpital Road entrance and at the northeasterly corner of the proposed medical building. 33. That prior to issuance of any building permits for the site, the applicants shall demonstrate to the satisfaction of the Public Works Department and Building Department that adequate sewer facilities will be available for the project. Such demon- stration shall include verification from the Orange County Sanitation Districts. The applicant shall be responsible for the design and con- struction of any additional sewer facilities needed to serve the project. 34. Interim parking arrangements during the con- struction 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). -21- MISSIONERS September 19, 1985 Of Beach 35. All on -site drainage shall be approved by the City Public Works Department and Building Department. 36. Drainage facilities shall be properly maintained by the applicant and all subsequent own- ers /operators. 37. 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. 38. Quiet or hushed models of construction equipment suitable for use in hospital zones shall be used in the development of the proposed project. 39. That prior to the commencement of construction, the applicants shall provide all tenants of the existing office building on -site with a schedule of construction activities. The applicants shall also provide said tenants with notification of any major changes to said schedule. 40. All concrete driving surfaces in the parking structure shall have a rough finish. 41. The final design of on -site pedestrian circulation shall be designed to direct pedestrian crossing of Hospital Road to its intersection with Placentia Avenue. 42. That 1 parking space shall be provided for each 250 sq.ft. of gross floor area in the existing and proposed office buildings. 43. 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 and provide for their removal upon completion of the project. MINUTES 44. On Flagship Road there shall be a minimum four -foot landscape strip between the sidewalk and site parking area. 45. That two weeks (14 days) prior to the commencement of construction a notice of start construction and proposed construction schedule shall be provided -22- xx C o 0 x - v a y m C Z c m s m z a s z z r o x c z a p; 0 0 M m o m a r M Z z z a z r m September 19, 1985 Of Beach 35. All on -site drainage shall be approved by the City Public Works Department and Building Department. 36. Drainage facilities shall be properly maintained by the applicant and all subsequent own- ers /operators. 37. 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. 38. Quiet or hushed models of construction equipment suitable for use in hospital zones shall be used in the development of the proposed project. 39. That prior to the commencement of construction, the applicants shall provide all tenants of the existing office building on -site with a schedule of construction activities. The applicants shall also provide said tenants with notification of any major changes to said schedule. 40. All concrete driving surfaces in the parking structure shall have a rough finish. 41. The final design of on -site pedestrian circulation shall be designed to direct pedestrian crossing of Hospital Road to its intersection with Placentia Avenue. 42. That 1 parking space shall be provided for each 250 sq.ft. of gross floor area in the existing and proposed office buildings. 43. 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 and provide for their removal upon completion of the project. MINUTES 44. On Flagship Road there shall be a minimum four -foot landscape strip between the sidewalk and site parking area. 45. That two weeks (14 days) prior to the commencement of construction a notice of start construction and proposed construction schedule shall be provided -22- COMMISSIONERS' September 19, 1985 to all residents and property owners within 300 feet in a manner acceptable to the Planning Department. 46. Prior to issuance of building permits, the Fire Department shall review the proposed plans and will require automatic fire sprinkler protection. 47. The building shall be equipped with fire sup- pression systems approved by the Fire Department. 48. All access to the buildings shall be approved by the Fire Department. 49. All onsite fire protection (hydrants and Fire Department connectors) shall be approved by the Fire Department and Public Works Department. 50. The landscape plan shall place heavy emphasis on fire retardant vegetation. 51. Buildings must be protected according to Table 5 -A, U.B.C. (Uniform Building Code). 52. The Fire Department requires 26 -foot clear drive- way widths to the building and parking structure. 53. 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. 54. 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. 55. Energy conservation measures will be incorporated into the project as required by law. 56. Lighting shall be of a safe and sturdy con- struction and elevation. -23- MINUTES x x c o � m v v C C 2 M a N z o r 0 T 0 r A a City Y f Newport p Beach to all residents and property owners within 300 feet in a manner acceptable to the Planning Department. 46. Prior to issuance of building permits, the Fire Department shall review the proposed plans and will require automatic fire sprinkler protection. 47. The building shall be equipped with fire sup- pression systems approved by the Fire Department. 48. All access to the buildings shall be approved by the Fire Department. 49. All onsite fire protection (hydrants and Fire Department connectors) shall be approved by the Fire Department and Public Works Department. 50. The landscape plan shall place heavy emphasis on fire retardant vegetation. 51. Buildings must be protected according to Table 5 -A, U.B.C. (Uniform Building Code). 52. The Fire Department requires 26 -foot clear drive- way widths to the building and parking structure. 53. 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. 54. 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. 55. Energy conservation measures will be incorporated into the project as required by law. 56. Lighting shall be of a safe and sturdy con- struction and elevation. -23- MINUTES MISSIONERS1 September 19, 1985 MINUTES W Beach 57. Landscaping shall not cover exterior doors or windows, block line -of -sight at intersections or access points, or screen overhead lighting. 58. The parking structure shall be built to support the weight of fire apparatus. 59. 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. 60. The final disposal of surplus excavated material shall be accomplished in accordance with local ordinances and sound engineering practice. 61. Construction shall be performed in accordance with applicable Occupational Safety and Health Act requirements and the City's noise ordinance. 62. Construction activities shall be limited to the hours of 7 a.m. and 7 p.m. Monday through Friday, and 8 a.m. to 5 p.m. on Saturday. Construction activities should not be allowed on Sunday or holidays. 63. Control techniques shall be used to reduce fugi- tive 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. 64. Landscaping after construction shall incorporate native species to provide food and cover for resident bird species. 65. 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 M local requirements (as reviewed and approved by the City Traffic Engineer). -24- xx c o � x _ a v m C 2 c m n m = C S = r x C z 0 w o; 0 0 0 M m o m> M r 2 a = 9 ZM m W Beach 57. Landscaping shall not cover exterior doors or windows, block line -of -sight at intersections or access points, or screen overhead lighting. 58. The parking structure shall be built to support the weight of fire apparatus. 59. 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. 60. The final disposal of surplus excavated material shall be accomplished in accordance with local ordinances and sound engineering practice. 61. Construction shall be performed in accordance with applicable Occupational Safety and Health Act requirements and the City's noise ordinance. 62. Construction activities shall be limited to the hours of 7 a.m. and 7 p.m. Monday through Friday, and 8 a.m. to 5 p.m. on Saturday. Construction activities should not be allowed on Sunday or holidays. 63. Control techniques shall be used to reduce fugi- tive 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. 64. Landscaping after construction shall incorporate native species to provide food and cover for resident bird species. 65. 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 M local requirements (as reviewed and approved by the City Traffic Engineer). -24- September 19, 1985 MINUTES INDEX 66. The number of parking spaces required by zoning for the existing Park Lido Medical Office building will be provided during the construction period by use of Hoag Hospital parking facilities and some onsite valet parking As approved by the City Traffic Engineer. Incentive programs to encourage employees and patrons of the existing Park Lido Medical Office building to park in the Hoag Hospital parking structure during the construction phase (e.g., drawings for prizes based on ticket numbers) shall be incorporated into the interim parking plan. 67. A six -foot wide paved pedestrian walkway shall be required around the perimeter of the site on Flagstaff Road and Patrice Road during con- struction. 68. A visual screen (fences) shall be constructed to block the view of construction activities. • 69. The driveway on Hospital Road shall be recon- structed to a radius type with a 25 -foot radius. 70. Eight handicap parking spaces shall be provided. 71. Any access controls such as gates or arms shall be reviewed and approved by the Traffic Engineer prior to issuance of a building permit. 72. The Flagship Road driveway shall provide 25 -foot radius returns. 73. 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. 74. 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. 75. That the applicant record a Covenant, the form and M content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of 1.08 times the buildable area on the two parcels which -25- F c o f a y 9 9 m z c m y m z WZ C a= N oiool m m City Y f Newport p Beach z 9= r INDEX 66. The number of parking spaces required by zoning for the existing Park Lido Medical Office building will be provided during the construction period by use of Hoag Hospital parking facilities and some onsite valet parking As approved by the City Traffic Engineer. Incentive programs to encourage employees and patrons of the existing Park Lido Medical Office building to park in the Hoag Hospital parking structure during the construction phase (e.g., drawings for prizes based on ticket numbers) shall be incorporated into the interim parking plan. 67. A six -foot wide paved pedestrian walkway shall be required around the perimeter of the site on Flagstaff Road and Patrice Road during con- struction. 68. A visual screen (fences) shall be constructed to block the view of construction activities. • 69. The driveway on Hospital Road shall be recon- structed to a radius type with a 25 -foot radius. 70. Eight handicap parking spaces shall be provided. 71. Any access controls such as gates or arms shall be reviewed and approved by the Traffic Engineer prior to issuance of a building permit. 72. The Flagship Road driveway shall provide 25 -foot radius returns. 73. 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. 74. 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. 75. That the applicant record a Covenant, the form and M content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of 1.08 times the buildable area on the two parcels which -25- COMMISSIONERS' September 19, 1985 MINUTES of Newport Beach 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. 76. One year after occupancy, the adequacy of handicap parking spaces shall be reviewed by the City Traffic Engineer. If it is determined that the provided spaces are not adequate, additional handicap spaces shall be required, up to a maximum of 508 additional spaces. Use Permit No. 3167 (Public Hearing) Request to permit the installation of outdoor tennis court lights on poles 22 feet high, on property located in the custom lot residential area of the Aeronutronic Ford Planned Community. LOCATION: Parcels No. 2 and 3, Lot Line Adjustment 82 -4, located at 2 Huntington Court, on the easterly side of Huntington Court, southeasterly of Belcourt Drive North, in the custom lot residential area of the Aeronutronic Ford Planned Community. ZONE: P -C APPLICANT: Richard Cohen Landscape, E1 Toro OWNERS: Larry and Susan Cano, Newport Beach The public hearing was opened at this time in connection with this item, and Mr. Harold Mestyanek, MWD Landscape Architects, 479 Ocean Avenue, Laguna Beach, appeared before the Planning Commission on behalf of the applicant, stating that the applicant concurs with the findings and conditions in Exhibit "An The public hearing was closed at this time. In response to a question posed by Commissioner Goff, Current Planning Administrator William Laycock advised that previously approved light standards for tennis courts have been 22 feet high. -26- Item No.4 Use Permit No. 3167 Approved Condition- ally z z C O O x 2 C m q z 9 S z x c= C N X o S 0 0 0 M O m q m z 9 Z z .7 z r m of Newport Beach 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. 76. One year after occupancy, the adequacy of handicap parking spaces shall be reviewed by the City Traffic Engineer. If it is determined that the provided spaces are not adequate, additional handicap spaces shall be required, up to a maximum of 508 additional spaces. Use Permit No. 3167 (Public Hearing) Request to permit the installation of outdoor tennis court lights on poles 22 feet high, on property located in the custom lot residential area of the Aeronutronic Ford Planned Community. LOCATION: Parcels No. 2 and 3, Lot Line Adjustment 82 -4, located at 2 Huntington Court, on the easterly side of Huntington Court, southeasterly of Belcourt Drive North, in the custom lot residential area of the Aeronutronic Ford Planned Community. ZONE: P -C APPLICANT: Richard Cohen Landscape, E1 Toro OWNERS: Larry and Susan Cano, Newport Beach The public hearing was opened at this time in connection with this item, and Mr. Harold Mestyanek, MWD Landscape Architects, 479 Ocean Avenue, Laguna Beach, appeared before the Planning Commission on behalf of the applicant, stating that the applicant concurs with the findings and conditions in Exhibit "An The public hearing was closed at this time. In response to a question posed by Commissioner Goff, Current Planning Administrator William Laycock advised that previously approved light standards for tennis courts have been 22 feet high. -26- Item No.4 Use Permit No. 3167 Approved Condition- ally Motion Ayes Absent X X September 19, 1985 l J■ t Beach Commissioner Kurlander made a motion to approve Use Permit No. 3167, subject to the findings and conditions of approval in Exhibit "A ". FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the project will not have any significant impact on the environment. 3. That the proposed illumination will be installed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjoining residential properties and streets. 4. That the approval of Use Permit No. 3167 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan. 2. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses and to adjoining streets, including MacArthur Boulevard. The plans shall be prepared and signed by a Licensed Electrical Engineer and shall include a letter from the Engineer stating that, in his opinion, this requirement has been met. 3. That the lights shall be turned off by 11:00 p.m. daily. 4. That the height of the light fixtures shall not exceed 22 feet above the tennis court surface. 5. 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. -27- MINUTES INDEX X C o x + v m 2 G m y" Z W a= r x M Z o 3 0 0 0 elm 0 o m a r r Z a 2 9 z m m X X September 19, 1985 l J■ t Beach Commissioner Kurlander made a motion to approve Use Permit No. 3167, subject to the findings and conditions of approval in Exhibit "A ". FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the project will not have any significant impact on the environment. 3. That the proposed illumination will be installed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjoining residential properties and streets. 4. That the approval of Use Permit No. 3167 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan. 2. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses and to adjoining streets, including MacArthur Boulevard. The plans shall be prepared and signed by a Licensed Electrical Engineer and shall include a letter from the Engineer stating that, in his opinion, this requirement has been met. 3. That the lights shall be turned off by 11:00 p.m. daily. 4. That the height of the light fixtures shall not exceed 22 feet above the tennis court surface. 5. 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. -27- MINUTES INDEX Commissioner Kurlander stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item and Edwin T. Pelot, 2600 Story Avenue, La Habra, applicant, appeared before the Planning Commission. In reference to Condition No. 4, Mr. Pelot advised that his proposed business does not have air conditioning and he requested that he be permitted to open the facility's windows during the hours of operation for ventilation; however, he commented that the doors shall remain closed. Mr. Hewicker commented that the purpose for the windows to be closed is because of the dogs barking. Mr. Pelot replied that he grooms between eight to ten dogs a day and has never had a problem with dogs barking. Commissioner Eichenhofer commented that during her visit to the facility she did not hear a dog bark, and that Mr. Pelot has access to a room in the rear of the shop that does not have a. window, and a barking dog could be moved to that area. She suggested that the use permit could come back to the Planning Commission for review in six months. Mr. Hewicker referred to Condition No. 9 which states that the use permit would come back to the Planning Commission after determining that the operation is detrimental to the community. -28- September 19, 1985 COMMISSIONERS MINUTES F F C O O x v p v m Fs. c m s m = c Z 0 O S O O 9 a a= M m City of Newport Beach a ROLL CALL INDEX use Permit No. 3168 (Public Hearing) Item No.5 Use Permit Request to establish a pet grooming facility with related retail sales of pet products on property No. 3168 located in the C -1 District. Approved LOCATION: Lot 5, Block M, Tract No. 323, located Condition - at 615 Goldenrod Avenue, on the north- ally easterly corner of Goldenrod Avenue and East Coast Highway, in Corona del Mar. ZONE: C -1 APPLICANT: Edwin T. Pelot, La Habra OWNER: Eskandar Pourgol, Los Angeles Commissioner Kurlander stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item and Edwin T. Pelot, 2600 Story Avenue, La Habra, applicant, appeared before the Planning Commission. In reference to Condition No. 4, Mr. Pelot advised that his proposed business does not have air conditioning and he requested that he be permitted to open the facility's windows during the hours of operation for ventilation; however, he commented that the doors shall remain closed. Mr. Hewicker commented that the purpose for the windows to be closed is because of the dogs barking. Mr. Pelot replied that he grooms between eight to ten dogs a day and has never had a problem with dogs barking. Commissioner Eichenhofer commented that during her visit to the facility she did not hear a dog bark, and that Mr. Pelot has access to a room in the rear of the shop that does not have a. window, and a barking dog could be moved to that area. She suggested that the use permit could come back to the Planning Commission for review in six months. Mr. Hewicker referred to Condition No. 9 which states that the use permit would come back to the Planning Commission after determining that the operation is detrimental to the community. -28- COMMISSIONERSI september 19, 1985 MINUTES of Newport Beach In response to a question posed by Commissioner Koppelman, Mr. Pelot replied that he will pick up and deliver dogs in a van containing six cages. Mr. Jeremiah de Michaelis, 1411 Keel Drive, the owner of a duplex on Goldenrod Avenue, appeared before the Planning Commission, recommending that the applicant install air conditioning so that the doors and windows could remain closed. Commissioner winburn commented that during her visit to the facility, she did not hear any dogs barking, and she further commented that the applicant has posted a sign stating that if there is any inconvenience of dogs walking on the adjacent lawns to please contact him. Motion x Commissioner Eichenhofer made a motion to approve Use Ayes N x x x x Permit No. 3168, subject to the findings and conditions Absent x x in Exhibit "A ", including the deletion of "windows" in Condition No. 4. Motion voted on, MOTION CARRIED. 0 FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. That there are no environmental impacts associated with the proposed use. 3. That the proposed pet grooming facility will not be a more intense use of the building than other commercial uses that would be permitted without discretionary approval, therefore, the establish- ment of the proposed facility will not increase the demand for parking on or near the subject property. 4. That the Police Department does not anticipate problems as a result of the operation of a pet grooming facility on the subject property. 5. That the approval of Use Permit No. 3168 will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. _29_ C x C o � x 2 C m y ," Z W 9 T Z r 0 S C 2 O S O O a m O m D T M Z x = y= m m of Newport Beach In response to a question posed by Commissioner Koppelman, Mr. Pelot replied that he will pick up and deliver dogs in a van containing six cages. Mr. Jeremiah de Michaelis, 1411 Keel Drive, the owner of a duplex on Goldenrod Avenue, appeared before the Planning Commission, recommending that the applicant install air conditioning so that the doors and windows could remain closed. Commissioner winburn commented that during her visit to the facility, she did not hear any dogs barking, and she further commented that the applicant has posted a sign stating that if there is any inconvenience of dogs walking on the adjacent lawns to please contact him. Motion x Commissioner Eichenhofer made a motion to approve Use Ayes N x x x x Permit No. 3168, subject to the findings and conditions Absent x x in Exhibit "A ", including the deletion of "windows" in Condition No. 4. Motion voted on, MOTION CARRIED. 0 FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. That there are no environmental impacts associated with the proposed use. 3. That the proposed pet grooming facility will not be a more intense use of the building than other commercial uses that would be permitted without discretionary approval, therefore, the establish- ment of the proposed facility will not increase the demand for parking on or near the subject property. 4. That the Police Department does not anticipate problems as a result of the operation of a pet grooming facility on the subject property. 5. That the approval of Use Permit No. 3168 will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. _29_ COMMISSIONERS X c o = T ' A y m z c m s m z m 9 M z 0 S IC 0 0 X 0 0 m m O m a r l Z m z m z m September 19, 1985 Of CONDITIONS: t Beach 1. That development shall be in substantial confor- mance with the approved floor plan. 2. That all pet grooming activities shall be per- formed within the building. 3. That no animals shall be kept on the premises overnight. 4. That all doors shall remain closed during the facility's hours of operation. 5. That the hours of operation be restricted to the hours between 7:00 a.m. and 8:00 p.m. daily. 6. That all signs shall conform with the requirements of Chapter 20.06 of the Newport Beach Municipal Code. 7. That all trash shall be stored within the building until it is scheduled to be picked up. 8. That all mechanical equipment shall be screened from East Coast Highway, Goldenrod Avenue, and adjacent properties. 9. That the Planning Commission may add to or modify conditions of approval of this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. MINUTES 10. 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. -30- COM/V\ISSIONERSI September 19, 1985 T I O N A L B U S I N E S S: The Planning Commission discussed the Commission work load for the remainder of the 1985 calendar year and the items to be reviewed at . the joint City Council/ - Planning Commission meeting on September 23, 1985. Commissioner Koppelman commented that the trend of the new projects on the Balboa Peninsula consists of the gradual disappearance of "Mom and Pop" stores and she suggested that if the City Council would be interested in discussing the subject with the Planning Commission, the City Council could give the Planning Commission direction as to what the Planning Commission is doing that encourages visitor - serving shops and the elimination of the small neighborhood shops on the Balboa Peninsula. V I I I Commissioner winburn commented that the new developments on Balboa Island could also be included in the trend, and that the Planning Commission should inform the City Council what is going on in the community. She opined that by waiving in -lieu parking and not tackling the parking problem, the Commission is encouraging the trend. Mr. Hewicker commented that many former uses are now being converted into take -out restaurants. Acting Chairman Turner asked how to discourage so many take -out restaurants and Mr. Hewicker replied that the problem came up when the developing policy for the General Plan was being drawn up in 1972 and 1973, and the City Council and Planning Commission made a decision that they did not want to determine what is economically viable. He compared the current trends to what the City of Carmel has done to rectify the problem. Commissioner Koppelman commented that it is incumbent on the Planning Commission to communicate any trends to the City Council in a timely fashion. Mr. Hewicker commented that the question has come up previously as to what role the City should play regarding the number of establishments that are serving alcohol on the Balboa Peninsula. Discussion followed between Commissioner Eichenhofer, 40 Mr. Hewicker, and Ms. Korade as to what power the Planning Commission has to limit the number of certain types of businesses, if there is a problem, and the role of a specific area plan. -31- MINUTES INDEX Additional Business Proposed City Council/ Planning Commission Agenda Item x c c o f z m y c v z C m y m z MZ C M N Z o >oo` M � m City Y f Newport p Beach _ T I O N A L B U S I N E S S: The Planning Commission discussed the Commission work load for the remainder of the 1985 calendar year and the items to be reviewed at . the joint City Council/ - Planning Commission meeting on September 23, 1985. Commissioner Koppelman commented that the trend of the new projects on the Balboa Peninsula consists of the gradual disappearance of "Mom and Pop" stores and she suggested that if the City Council would be interested in discussing the subject with the Planning Commission, the City Council could give the Planning Commission direction as to what the Planning Commission is doing that encourages visitor - serving shops and the elimination of the small neighborhood shops on the Balboa Peninsula. V I I I Commissioner winburn commented that the new developments on Balboa Island could also be included in the trend, and that the Planning Commission should inform the City Council what is going on in the community. She opined that by waiving in -lieu parking and not tackling the parking problem, the Commission is encouraging the trend. Mr. Hewicker commented that many former uses are now being converted into take -out restaurants. Acting Chairman Turner asked how to discourage so many take -out restaurants and Mr. Hewicker replied that the problem came up when the developing policy for the General Plan was being drawn up in 1972 and 1973, and the City Council and Planning Commission made a decision that they did not want to determine what is economically viable. He compared the current trends to what the City of Carmel has done to rectify the problem. Commissioner Koppelman commented that it is incumbent on the Planning Commission to communicate any trends to the City Council in a timely fashion. Mr. Hewicker commented that the question has come up previously as to what role the City should play regarding the number of establishments that are serving alcohol on the Balboa Peninsula. Discussion followed between Commissioner Eichenhofer, 40 Mr. Hewicker, and Ms. Korade as to what power the Planning Commission has to limit the number of certain types of businesses, if there is a problem, and the role of a specific area plan. -31- MINUTES INDEX Additional Business Proposed City Council/ Planning Commission Agenda Item Motion Ayes Absent 10 COMMISSIONERS September 19, 1985 x x c o n x M > y m 2 C m q m Z Z a= x= T m I City of Newport Beach c Z N p r 0 0 Commissioner Winburn discussed the resident vs. the visitor and the loss of services for the residents on the Balboa Peninsula. Acting Chairman Turner commented on the economic feasibility on the Peninsula. The Commission voted to review with the City Council x x x x the continuous trend of businesses that catered to x residents on the Balboa Peninsula being replaced by uses catering to tourists. J0URNMENT: 9:35 p.m. x x PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -32- MINUTES Adjourn-