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HomeMy WebLinkAbout09/28/1983MmSSIONERS SPECIAL PLANNING COMMISSION MEETING PLACE: City Council Chambers 3 TIME: ' 7:30 p.m. ro c DATE: September 28, 1983 v m City of Newport Beach m� MINUTES 1 R O I L CALL I I I 11 1 I I I INDEX ■ • i� X IX IX JK JC 14.. All Present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, City Attorney Robert D. Gabriele, Assistant City Attorney * x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Robert P. Lenard, Advance Planning Administrator Fred Talarico, Environmental Coordinator Patricia L. Temple, Senior Planner Nancy M. Alvidrez, Secretary Acceptance. of an environmental document for General Plan Amendment No. 82 -1, Amendment No. 3 of the Local Coastal Program, Amendment No. 592 and Amendment No. 593. AND Request to amend the Land Use, Residential Growth, Recreation and Open Space, Circulation and Noise Elements of the Newport Beach General Plan for the North Ford Planned Community. Request to amend the Land Use Plan.of the Newport Beach Local Coastal Program for that portion of the North Ford Planned Community located within the Coastal Zone (San Diego Creek South). Request to amend the North Ford Planned Community so as to include all of the land northerly of Eastbluff Drive (Extended) to San Diego Creek, between the City Item #lA DRAFT EIR AND Item #1B GPA 82 -1 AND Item #1C LCP AMEND- MENT NO. 3 AND ; Item #1D AMENDMENT NO. 592 MINUTES September 28, 1983 v m m m m ° 0. City of Newport Beach INDEX boundary and Jamboree Road; and all of the land southerly of Eastbluff Drive (Extended) to Bison Road, between MacArthur Boulevard and the easterly boundary of the North Ford Planned Community. The proposal also includes a request to amend portions of Districting Maps No. 43, 44 and 58, so as to reclassify said property from the Unclassified District to the Planned Community District. AND I AND Request to.consider an amendment to the Koll Center Newport Planned Community Development Plan so as to allow 295,000 sq.ft. of additional office development in Office Site "C" of the Koll Center Newport Planned Community. .AND I AND Request to consider a Traffic Study for the .proposed • changes to the residential land use designations for the North Ford Planned Community. LOCATION: The area bounded by Camelback Street, Bison Avenue, Eastbluff Drive (Extended), the easterly City boundary, San Diego Creek and Jamboree Road. AND I AND Request to consider a Traffic Study to allow 295,000 sq.ft. of additional office development in Office Site "C" of the Koll Center Newport Planned Community. AND I . AND Request to consider an amendment to the Koll Center Item #11 Newport Traffic Phasing Plan so as to allow 295,000 AMENDMEI sq.ft. of additional office development in Office Site "NO. 2 t< "C" of the Koll Center Newport Planned Community. KOLL CEI NEWPORT LOCATION: Area bounded by MacArthur Boulevard, Birch TRAFFIC Street, Von .Karman Avenue, and Campus PHASING Drive, in the Koll Center Newport Planned PLAN Community. • I I l l l l l �. ZONE: P -C AND I AND 2 COMMdSSIONERS MINUTES September 28, 1983 � r 9 � � a m City of Newport Beach �o ROLL CALL III III I INDEX Request to consider an amendment to the North. Ford Item RI Traffic Phasing Plan so as to allow the development AMENDMENT proposed in conjunction with General Plan Amendment No. NO, l to 82-1. NORTH FORD TRAFFIC LOCATION: The area bounded by the San Diego Creek on 715igING the north,the City boundary on the east, PLAN Bison Avenue and Camelback Street on the south and Jamboree Road on the west. ZONES: P -C and Unclassified INITIATED BY: The City of Newport Beach Due to the relationship of Items No. 1 -A through 1 -2, these items were heard concurrently. The public hearing opened in connection with these ALL items. I APPROVED .• Mr. Jim Hewicker, Planning Director stated that since the last public hearing the Planning Department has received additional comments and would like to respond to some of the questions which have been raised regarding some of the language that is contained in the Resolutions. Mr. Hewicker further stated that if the Commission has no questions, staff would like to go through some of the Resolutions. Mr. Bob Lenard, Advance Planning Administrator stated that with respect to the North Ford Resolution and since the project contemplated will involve the use of a Community Development Block Grant Funds either for the right down of land costs or for some kind of infrastructure improvements, staff is suggesting that on the second page of the Resolution, after the last WHEREAS, that an additional WHEREAS be added which states: "WHEREAS, the use of CDBG funds in conjunction with this project will contribute to the feasibility of providing affordable housing units on site." providing affordable units. In addition at the bottom of the same page, under Condition No. 2, there is a reference to rental units, depending on the 3 Mr. Lenard stated that this is not a condition, but just a finding that makes it clear that the use of CDBG • funds are going to be an. assistance to the project in providing affordable units. In addition at the bottom of the same page, under Condition No. 2, there is a reference to rental units, depending on the 3 September 28, 1983 � � z v � a a m. City of Newport Beach moo Commission's decision, Planning Department will change this wording. on page 3 of the Resolution, Condition No. 8, where originally stated that agreements regarding water sewer and school services be executed prior to approval of any tentative tract map and in talking with The Irvine Company, it was pointed out that this would involve a formal agreement between two school districts and they would prefer to change the wording from "letters of agreement" rather than "letters of service ", and staff has no objections. Additionally, on the same page, under Condition No. 9, where it reads; "development agreement between the City of Newport Beach and The Irvine Company be executed prior to... ", staff suggests that the Commission add the words; "or concurrent with" so that it could be processed with a tentative tract map or some future discretionary action. In addition, Condition No. 10 deals with The Irvine Company contributing a fair share of the future Circulation System Improvements staff would propose that if action is taken, then direction • be given to them to modify that language to exempt the existing development covered in the stipulated agreement from that fair share requirement so that the 295,000 square feet of industrial and the 120 dwelling units be exempted from the fair share requirement, which is the same way that it appears in the Settlement Agreement and Stipulation for Judgement. Mr. Hewicker stated that it is important to point out that the Settlement Agreement for North Ford relieved the project of industrial and fair share requirements for 295,000 square feet and 120 dwelling units. Additional trips which would be generated as a result of square footage being transferred to another site and upgraded to office type development, there would be a proportional fair share requirement for those extra trips. Mr. Lenard stated that with respect to the Traffic Phasing Conditions, our traffic consultant been asked to phase the residential portion of the North Ford project into a shorter time frame. As a result, the Traffic Phasing Conditions have been amended so that the residential units in North Ford, originally showed for 1988 would be developed in 1987. In addition, staff suggests changes to the language regarding • improvements in the Corona del Mar area allowing flexibility so that. other circulation system improvements which affectively mitigate the conditions could allow the second phase of development to go ahead without the completion of Pelican Hills Road. 4 MINUTES INDEX 'V \ /Vtl�JMVCIV September 28, 1983 � r 9 m m 1 m : w. City of Newport Beach MINUTES ■ R O L L CALL I I I I Jill I INDEX ■ Chairman King suggested that Pelican Hills Road be shown as having the priority,, with wording as follows: "That Pelican Hills Road or any other regional traffic solution, but no less than $90,000 be provided "... Motion There being no discussion motion was made to approve All Ayes X X X X Item No. 1 -A, which MOTION CARRIED. GPA 82 -1 Motion x Motion was made to approve Item No. 1 -B. Amendment Amendment to the motion was made to reduce the total square footage of the transferred buildable by 258 to a total of 75% and require no additional traffic Ayes X x x x X y improvements. Amendment to the motion was not accepted Noes by the maker of the motion. Therefore, amendment was now voted on, which AMENDMENT CARRIED. • dment A second amendment to the motion was made to change the designation of Site A from office /industrial to office, Accepted x and a density to be determined at a future date. Amendment to the motion accepted. All Ayes IXIXIXIX pClx� There being no further discussion motion was now voted II on, which MOTION CARRIED. LCP AMENDMENT Motion I lll 11 Motion was made to approve Item 1 -C, with changes All Ayes x x x x contined in Item 1 -B and to direct staff to make the appropriate changes in the Resolution regarding Item 1 -C, which MOTION CARRIED. AMENDMENT NO. 592 Motion jjjj[[jj Motion was made to approve Item 1 -D, with changes All Ayes X x x x contained in Item 1-Band to instruct staff to make any appropriate changes in the applicable Resolution, which MOTION CARRIED. AMENDMENT NO. 593 M on Motion was made to approve Item 1 -E, as amended to Ayes X X X X include 75% of the transfer as office only, which MOTION CARRIED. • COMMdSSIONERS MINUTES September 28, 1983 a ° m City Of Newport Beach ROLL CALL INDEX TRAFFIC STUDY/NORTH FORD Motion K Motion was made to approve Item 1 -F, with direction of All Ayes X X X X K X staff to change the two conditions regarding Coast Highway /Goldenrod and Coast Highway/Marguerite consistent with the appropriate language, which MOTION CARRIED. TRAFFIC STUDY/XOLL CENTER NEWPORT Motion K Motion was made to approve Item 1 -G, to reflect the 25% Al1:Ayes X X X X K K X reduction, which MOTION CARRIED. AMENDMENT NO. 2/ROLL CENTER NEWPORT TRAFFIC PHASING Motion llll[[Il Motion was made to approve Item 1 -H, to reflect the 258 All Ayes X X X X reduction, which MOTION CARRIED. AMENDMENT NO. 1/NORTH FORD TRAFFIC PHASING PLAN *on Motion was made to approve Item 1 -I, to include the All Ayes X X X X changes discussed on the TPO and the comments relative to the San Diego Creek Site So., which MOTION CARRIED. I I I( I I I I E MMISSIONERS MINUTES September 28, 1983 � r 5 9 � W a w City of Newport Beach �p 3 ■ ROLL CALL I III III I I INDEX I Request to amend the Land Use and Residential Growth Item #2A Elements of the Newport Beach General Plan so as to allow construction of an additional 428 dwelling units GPA 83 -1 in Newport Center, including 150 affordable units in Newport Village. AND AND Request to consider the adoption of a Planned Community Development Plan for the Newport Village area in Newport Center. I l l l l l l l LOCATION: Area bounded by East Coast Highway, MacArthur Boulevard, San Joaquin Hills Road, and Jamboree Road, in Newport Center. INITIATED BY: The City of Newport Beach Item #2B I AMENDMENT NO. 594 The public hearing opened in connection with this item BOTH and Mr. Barry Allen, 1021 Whitesails Way, appeared APPROVED before the Commission. Mr. Allen stated that with regards to the conditions to places on this Resolution, the community association that he is being a spokesman for, has no objection, but has some additional conditions, as follows: 1. Existing site plane views be preserved. 2. Crown Drive will not be extended across MacArthur Boulevard. 3. Harbor View Hills shall not be extended across MacArthur Boulevard. 4. That all utilities shall be undergrounded in conjunction with circulation system improvements. I I I ( I I 5. There shall be no internally illuminated signs facing MacArthur Boulevard. 6. All commercial developments shall be subject to a use permit. 11111111 7. All attached mitigation measures relating to the site to apply. 7 COMMdSSIONERS MINUTES September 28, 1983 m m City of Newport Beach ROLL CAU I I I I I I I I INDEX GPA 83 -1(e) Motion x Motion was made to approve Item 2 -A, which MOTION All Ayes X X X X K K C CARRIED. AMENDMENT NO. 594 Motion K Motion was made to approve Item 2 -B, incorporating the All Ayes X X X X additional wording requested of Mr. Allen as well as the changes made by staff, which MOTION CARRIED. * * x Acceptance of an environmental document for General Item #3A Plan Amendment No. 82 -2 and related applications, so as DRAFT EIR to allow the construction of a 198 unit residential condominium development in Area 8 of the Aeronutronic Ford Planned Community. • I I I I ( I INITIATED BY The City of Newport Beach I AND Request to amend the Land Use Element of the Newport Beach General Plan for Area 8 of the Aeronutronic Ford Planned Community from "Low Density Residential" uses to "Multi - Family Residential" uses. PROPONENT:. J. M. Peters Company, Newport Beach INITIATED BY: The City of Newport Beach AND 1 AND Request to consider a traffic study in conjunction with Item #3C the construction of a 198 unit residential condominium TRAFFIC development in Area 8 of the Aeronutronic Ford Planned STUDY Community. AND I AND Request to consider an amendment to the Aeronutronic Item 93D Ford Traffic Phasing Plan so as to allow a 198 unit AMENDMENT residential condominium development in Area 8, within NO. 3 to the Aeronutronic Ford Planned Community. IAERONU-' i l I l l l l i CATION: Tract No. 11041, located on the southeasterly corner of Bison Avenue and Jamboree Road, commonly known as M 3 � September 28, 1983 City of Newport Beach "Belcourt" Area 8', within the Aeronutronic Ford Planned Community. AND MINUTES INDEX AND Request to amend the Aeronutronic Ford Planned Item #3E Community text so as to increase the number of AMENDMENT allowable dwelling units in Area 8 and to revise the NO.- 591 development standards for Areas No. 1, 6, 7, and 8 of the Planned Community. LOCATION: The area bounded by.MacArthur Boulevard, Ford Road, Jamboree Road, and Bison Avenue in the Aeronutronic Ford Planned Community. ME Request to permit the construction of a 198 unit Item #3F residential condominium development and related garage USE PERMIT • spaces on property located in Area 8 of the NO. 3054 Aeronutronic Ford Planned Community. AND AND Request to establish a single lot subdivision for Item #3G residential condominium purposes where 34 lots now TENTATIVE exist in conjunction with the construction of a 198 MAP OF unit residential condominium development. TRACT NO. 11604 LOCATION: Tract No. 11041, located on the southeasterly corner of Bison Avenue and Jamboree Road, commonly known as "Belcourt" Area 8, within the Aeronutronic Ford Planned Community. ZONE: P -C APPLICANT: J. M. Peters Company, Newport Beach OWNER: Same as Applicant ENGINEER: Van Dell and Associates, Inc., Irvine The public hearing opened in connection with this item ALL and 'Mr. Bob Trapp of the J.M. Peters Company appeared APP. • before the Commission. 9 September 28, 1983 161 MINUTES Beach INDEX Mr. Trapp requested three items which are as follows: 1. Setbacks - request for modification to second story. 2. Waiving of Fees - Park Fees, Traffic Fees and Noise Wall Fees for affordable units. 3. Noise Mitigation Measures - request for modification to conform to the normal State standards that would measure sound with the windows closed. In response to a ,question posed by Commissioner Winburn, Mr. Talarico, Environmental Coordinator stated that there were several changes that the applicant and staff agreed on: Page 15: Condition No. 8 -.to be deleted. • Page 15: Condition No. 17 - that a minimum of 258 of the units above 38 units developed in Area 8 shall be moderately priced for sale units as defined by the City's Housing Element. Page 16: Conditions No. 18 & 19 - deleting words dealing with either rental or off -site units. � F r v m m Motion was made to approve Item 3 -A, incorporating the Ayes. . X X X K September 28, 1983 161 MINUTES Beach INDEX Mr. Trapp requested three items which are as follows: 1. Setbacks - request for modification to second story. 2. Waiving of Fees - Park Fees, Traffic Fees and Noise Wall Fees for affordable units. 3. Noise Mitigation Measures - request for modification to conform to the normal State standards that would measure sound with the windows closed. In response to a ,question posed by Commissioner Winburn, Mr. Talarico, Environmental Coordinator stated that there were several changes that the applicant and staff agreed on: Page 15: Condition No. 8 -.to be deleted. • Page 15: Condition No. 17 - that a minimum of 258 of the units above 38 units developed in Area 8 shall be moderately priced for sale units as defined by the City's Housing Element. Page 16: Conditions No. 18 & 19 - deleting words dealing with either rental or off -site units. NUB DRAFT EIR Motion X Motion was made to approve Item 3 -A, incorporating the Ayes. . X X X K X X change in the number of dwelling units to 150 in total, Noes X which MOTION CARRIED. GPA 82 -2(b) Belcourt Motion X Motion was made to adopt Resolution No. 1103 Ayes X X X X X recommending to the City Council approval of Item 3 -B, Noes X incorporating the change in the number of dwelling units to 150 in total, which MOTION CARRIED. TRAFFIC STUDY . Motion x Motion was made to approve Item 3 -C, incorporating the Ayes X X X X change in the number of dwelling units to 150 in total, Noes X which MOTION CARRIED. , • NUB MINUTES USE PERMIT NO. 3054 With reference to Item 3 -F,, Commissioner Person made changes to the following conditions: • Page 15: Condition No. 8 - be removed. Page 15: Condition No. 14 - that a period be inserted after the word "spas" and the balance of that first sentence be removed. Page 15: Condition No. 17 - that the wording be changed to; 1125% over 38 units ". Page 16: Condition No. 18 - the words "or off - site" be deleted. Page 16: Condition No. 19 - that the words "rental or" be removed. Amendment X Commissioner Balalis made an amendment to Condition No. 24 allowing the applicant to encroach into the 5 Ayes X X X foot setback in the second. floor. Commissioner Goff Noes X requested that this amendment be voted upon separately, which AMENDMENT CARRIED. Motion II'IX Motion was made to approve Item 3 -F, with all Ayes X X X Noes applicable changes discussed by the Commission as well as with the changes of conditions as noted above, which • MOTION CARRIED. 11 September 28, 1983 X f � a m City of Newport Beach m�a y ROLL CALL INDEX AMENDMENT NO. 3 /AERONUTRONIC FORD PLANNED COMMUNITY . TRAFFIC PHASING PLAN (Discussion) Motion X Motion was made to approve Item 3 -D, with all Ayes X X X x K applicable changes discussed by the Commission, which Noes X MOTION CARRIED. AMENDMENT NO. 591 Motion X Motion was made to adopt Resolution No. 1104 Ayes X X X recommending to the City Council approval of Item 3 -E, Noes X with all applicable changes discussed by the Commission, which MOTION CARRIED. USE PERMIT NO. 3054 With reference to Item 3 -F,, Commissioner Person made changes to the following conditions: • Page 15: Condition No. 8 - be removed. Page 15: Condition No. 14 - that a period be inserted after the word "spas" and the balance of that first sentence be removed. Page 15: Condition No. 17 - that the wording be changed to; 1125% over 38 units ". Page 16: Condition No. 18 - the words "or off - site" be deleted. Page 16: Condition No. 19 - that the words "rental or" be removed. Amendment X Commissioner Balalis made an amendment to Condition No. 24 allowing the applicant to encroach into the 5 Ayes X X X foot setback in the second. floor. Commissioner Goff Noes X requested that this amendment be voted upon separately, which AMENDMENT CARRIED. Motion II'IX Motion was made to approve Item 3 -F, with all Ayes X X X Noes applicable changes discussed by the Commission as well as with the changes of conditions as noted above, which • MOTION CARRIED. 11 September 28, 1983 MINUTES 3X � r v m m a m a o w. City of Newport Beach TENTATIVE MAP OF TRACT NO. 11604 Motion X Motion was made to approve Item 3 -G, with all Ayes X X X K K applicable changes discussed by the Commission as well Noes X as with the changes of conditions as noted above, which MOTION CARRIED. x x x Acceptance of an environmental document for the Sheraton - Newport Hotel expansion. M Request to approve a Statement of Fact in conjunction with the proposed Sheraton - Newport Hotel expansion. AND Request to approve a Statement of Overriding • Considerations in conjunction with the proposed Sheraton - Newport Hotel expansion. AND Request to consider an amendment to the Newport Place Traffic Phasing Plan so as to allow the expansion of an existing Sheraton Hotel facility. MOD Request to amend an approved use permit which allowed the establishment and expansion of the existing 349 room, Sheraton Hotel, in the Newport Place Planned Community. The proposed use permit amendment is to allow a new '10 story addition which includes 126 guest rooms, a kitchen addition, small meeting rooms, and a relocated lighted tennis court on the site. LOCATION: Parcel 1 and 2 of Parcel 'Map 40 -11 (Resubdivision No. 483) located at 4545 MacArthur Boulevard, bounded by MacArthur Boulevard, Birch Street and Corinthian Way, in the Newport Place Planned Community. 0 ZONE: P -C APPLICANT: Roman P. Kallmes, A.I.A., Inc., Irvine 12 INDEX DRAFT EIR AND Item #4B STATEMENT OF FACT UN AND Item #4D AMENDMENT NO. 5 to NEWPORT PLACE AND Item #4E, USE PERMI' NO. 1547 (Amended) C0MMdS5tONER5 MINUTES September 28, 1983 3 x V C m a s o g City of Newrpicirt Beach ROLL CALL I I I INDEX • application is Amendment No. 5 to the Newport Place Traffic Phasing Plan, to allow the development of the proposed addition in compliance with the Newport Place Traffic Phasing Plan and the Planned Community Development Plans and Standards for Newport Place. Mr. Neish introduced Mr. Tom Robinson, Vice President of Bay Colony Properties, Ms. Barbara Joseph, General Manager for the Sheraton - Newport, Mr. Roman Kallmes, President of Roman Kallmes, A.I.A. -, Architectural Firm, and Mr. Roger Van Beak, Project Architect. Mr. Neish then introduced Mr. Roger Van Beak who made a slide presentation. Following the slide presentation Mr. Neish concluded by stating that after a thorough review by Planning Department staff and the City consultants the conclusion has been made that there are no significant environmental impacts associated with this particular proposal. In addition, Mr. Neish stated that the proposal is in total conformity with Newport Place Planned Community zoning on the property as well as the City's General Plan. Financial benefits associated with the Sheraton addition will provide a net revenue surplus of the City of Newport Beach of approximately 14 of a million dollars a year. Mr. Neish further stated • that Sheraton - Newport anticipates that total revenues generated by the addition will be $248,433 and there would be costs associated with the project of another $26,500 which would create a net annual revenue of 13 OWNERS: Bay Colony Property Co., Inc., Boston, Mass. TRAFFIC ENGINEER: Weston Pringle and Associates, Fullerton The public hearing opened in connection with this item ALL and Mr. David Neish, representing Sheraton - Newport, APPROVED CONDI- appeared before the Commission. TIONALLY Mr. Neish presented his request to the Commission stating that if approved, the amended Use Permit would allow the construction of a 10 story addition to the Sheraton - Newport that would include 119 guest rooms, 4,645 square feet of meeting rooms, a 456 square foot delicatessan, a relocated tennis court and other facilities associated with the hotel. This proposal also includes Planning Commission approval of the Environmental Document for the Sheraton - Newport expansion. Mr. Neish further stated that the third • application is Amendment No. 5 to the Newport Place Traffic Phasing Plan, to allow the development of the proposed addition in compliance with the Newport Place Traffic Phasing Plan and the Planned Community Development Plans and Standards for Newport Place. Mr. Neish introduced Mr. Tom Robinson, Vice President of Bay Colony Properties, Ms. Barbara Joseph, General Manager for the Sheraton - Newport, Mr. Roman Kallmes, President of Roman Kallmes, A.I.A. -, Architectural Firm, and Mr. Roger Van Beak, Project Architect. Mr. Neish then introduced Mr. Roger Van Beak who made a slide presentation. Following the slide presentation Mr. Neish concluded by stating that after a thorough review by Planning Department staff and the City consultants the conclusion has been made that there are no significant environmental impacts associated with this particular proposal. In addition, Mr. Neish stated that the proposal is in total conformity with Newport Place Planned Community zoning on the property as well as the City's General Plan. Financial benefits associated with the Sheraton addition will provide a net revenue surplus of the City of Newport Beach of approximately 14 of a million dollars a year. Mr. Neish further stated • that Sheraton - Newport anticipates that total revenues generated by the addition will be $248,433 and there would be costs associated with the project of another $26,500 which would create a net annual revenue of 13 MINUTES September 28, 1983 $ m S m w. City of Newport Beach R O L L CALL I I I I III I I INDEX ■ $221,933. He stated that this is for the addition only and not for the existing hotel which after the action taken by the City Council, to increase the bed tax from 6% to 8 %, will provide a grand total for the Sheraton- Newport including the expansion of $852,000 per year. He noted that the hotel addition generates approximately 1400 trips per day and of these 1400, 1300 are nighttime or off -peak hour trips. As a result the project is in total compliance with the City's Traffic Phasing Ordinance. In conclusion, Mr. Neish stated that Sheraton - Newport feels that impacts that will occur are going to be minimal. Mr. Neish further stated that Sheraton- Newport concurs with staff's recommendation and also with staff's Conditions of Approval, and respectfully request approval of their request. In response to a question posed by Commissioner Kurlander, Mr. Neish stated that in regards to • Conditions of Approval No. 29, for Use Permit No. 1547 (Amended), he would be willing to dedicate any additional right -of -way that is required. In response to a question posed by Commissioner Winburn, Mr. Neish stated that State Code requires 7 handicapped parking spaces on -site, but if it is the desire of the Commission for the Sheraton- Newport to accommodate 10 handicapped parking spaces then they will be willing to do so. In response to a question posed by Commissioner Goff, Mr. Hewicker, Planning Director, stated that the floor area ratio for existing hotel is .82 and the floor area ratio for the proposed hotel project with the addition would be 1.24. Mr. Hewicker stated, in response to the question regarding the number of parking spaces that are in proper relationship to the numbers of rooms. He stated what is being proposed, and what the.City's requirement would be if there were no demonstrated formula. He noted that if.parking were provided strictly on per code without a demonstrated formula, Sheraton- Newport would be required to provide 492 parking spaces for the existing hotel and 136 additional parking spaces for • I I ( I I the proposed addition, for a total of 628 parking spaces. The existing requirement is for 645 parking spaces based on the demonstrated formula of 1.85 per room. The EIR re- evaluated the demonstrated formula and 14 MINUTES September 28, 1983 a ". City of Newport Beach INDEX established a need for 464 parking spaces, or .99 spaces per room. The applicant, is proposing 530 parking spaces or 1.13 parking spaces per room. DRAFT EIR Motion X Motion was made for approval of Item No. 4 -A, which All Ayes X X X X MOTION CARRIED. STATEMENT OF FACTS Motion X Motion was made for approval of Item No. 4 -B, which All Ayes X X X IX MOTION CARRIED. STATEMENT OF OVERRIDING CONSIDERATIONS Motion All Ayes . X X X X X K K Motion was made for the approval of Item No. 4 -C, which MOTION CARRIED. AMENDMENT NO. 5 to the NEWPORT PLACE TRAFFIC PHASING PLAN (Discussion) Motion X Motion was made for approval of Item No. 4 -D, which All Ayes X X X X MOTION CARRIED. USE PERMIT NO. 1547 (Amended) Motion X Motion was made for approval of Item No. 4 -E. Commissioner Kurlander added wording, "if required ", to Condition of Approval No. 29. Amendment Commissioner Gedf referred to Condition of Approval No. 54, Use Permit No. 1547 (Amended), asking that it be deleted and that the following be added in its place, "The hotel management shall continue to provide its hotel van service for hotel ,guest transportation and, if necessary, shall add additional van service to be provided to guests. of the hotel expansion." Maker of the motion accepted the change in wording for Accepted X Condition of Approval No. 54. All Ayes X X X X There being no further discussion motion for Item No. 4 -E was now voted on, which MOTION CARRIED. I I { I I Motion was made to initiate an amendment to the Planned • I Community Text as appropriate to put a limit on the amount of development permitted on this specific site, which MOTION CARRIED. 15 dSSIONERS 1 MINUTES September 28, 1983 � r 9 � � C m i n. w p m C 3 c _ z] M • R O L L CALL I I I I 1 1 1 1 I INDEX ■ A. ENVIRONMENTAL IMPACT REPORT Findings 1. That the Environmental Impact Report is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA) , the State CEQA Guidelines and City Policy. 2. That the contents of the Environmental Impact Report has been considered in the decision of this portion.of the project. 3. The City finds that the Final EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 4. The City finds that although the Final EIR • identifies certain significant environmental effects that will result if the project is approved, all significant effects that can feasibly be mitigated or avoided have been avoided or mitigated by the imposition of conditions of approval. 5. The City finds that potential mitigation measures or project alternative not incorporated into the project were rejected as infeasible, based upon specific economic; social and other considerations as set forth in the Statement of Facts and the Final EIR. 6. The City finds that the unavoidable significant impacts of the project, as identified in the Statement of Facts, that have not been reduced to a level of insignificance have been substantially reduced in their impacts by the imposition of conditions on the approved General Plan Amendment and the imposition of Conditions of Approval. In making its decision on the project, the City has given greater weight to the adverse environmental impacts. The City finds that the remaining unavoidable significant impacts are clearly outweighed by the economic, social and other • I I ( I I I J ' benefits of the project, as set forth in the I Statement of Overriding Considerations. 16 11 • September 28, 1983 $ x � m m a 0) w City of Newport Beach mo o 7.. The City finds that the Final EIR has described all reasonable alternatives to the project that could feasibly obtain the basic objectives of the project, even when these alternatives might impede the attainment of project objectives and might be more costly. Further, the City finds that a good faith effort was made to incorporate alternative in the preparation of the Draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 8. The City finds that the project should be approved and that any alternative to this proposed action should not be approved for the project based on the information contained in the Final EIR, the data contained in the Statement of Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Considerations. 9. The City finds that a good faith effort has been made to seek out the incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 10. The City finds and determines that the Final Environmental Impact Report consists of the following documents: a) Draft EIR b) Planning Commission Minutes c) Planning Commission Staff Report (with attachments) d) Comments and responses received by the City related to the project not contained in "a" through "c" above and received prior to final action on this project. 11. The City finds that all of the. above information has been and will be on file with the Planning Department, City of Newport Beach, City Hall, 3300 West Newport Blvd., P.O. Box 1768, Newport Beach CA, 92663 -3884, (714) 640 -2197. 17 MINUTES INDEX v m m o September 28, 1983 m MINUTES ■ ROLL CALL I I I I I I I I I INDEX ■ • B. STATEMENT OF FACTS Findings 1. The City finds that a Statement of Facts has been prepared and is labeled as Attachment No. 3. 2. The City makes the findings contained in the Statement of Facts with respect to significant impacts identified in the Final EIR together with the findings that each fact in support of the findings is true and is based upon substantial evidence in the record, including the Final EIR. 3. The City finds that all significant effects of the project are set forth in the the Statement of Facts. C. STATEMENT OF OVERRIDING CONSIDERATIONS Findings 1. The City finds that a Statement of overriding Consideration has been prepared and is labelled as Attachment No. 4 2. The City finds that the .facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final EIR. D. TRAFFIC PHASING PLAN Findings 1. That the Findings made in regard to the Certified Final EIR and project listed in "A ", "B" and "C" of this Exhibit are made related to this portion of the project. 2. That the Phasing Plan is consistent with the Newport Beach General Plan and the Planned Community Plan. for Newport Place. I I I I I I I 3. That based on the Phasing Plan and supporting information submitted therewith, there is a . I I I I I I I I reasonable correlation between projected traffic at time of completion and the capacity of affected intersections. M MINUTES September 28, 1983 � r a� w a m m City of Newport Beach moo INDEX 4. That the applicant has taken into consideration in the preparation of his plan characteristics in the design of his development which either reduce traffic generation or guide traffic onto less impact arterials or through intersections in the least congested direction. .Conditions 1. That a maximum of 119 additional rooms and related facilities be permitted on this site by this approval and that any additional development be subject to further Phasing Plan Amendments. E. USE PERMIT N0. 1547 (AMENDED) Findings 1. That the Findings made in regard to the Certified Final EIR, Project, and Traffic Phasing Plan • listed in "A ", "B ", "C ", and "D" of this Exhibit are made related to this portion of the project. 2. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. 3. That approval of Use Permit No. 1547 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions 1. That the proposed development shall be in substantial conformance with the approved plot, floor plans, etc., except as may be modified by the below Conditions. 2. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. • 3. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 19 � x � r 9 m m September 28, 1983 of Newport Beach MINUTES R O L L CALL I I I I J i l l I INDEX • 4. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 5. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 6. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as a part of the project design. , 7. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 8. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. 9. Control of infiltration to the groundwater system for the project shall be provided as part of the project design. 10. That existing on -site drainage facilities shall be improved or updated to the satisfaction of the Public Works and Building Department. 11. Any modification of existing on -site drainage systems or extensions of culverts for contributory drainage from surrounding areas shall be studies during project design and necessary improvements installed in conformance with local ordinances and accepted engineering practices and in a manner acceptable to the City Public Works and Building Departments. . 12. A qualified archaeologist or paleontologist shall evaluate the site prior to commencement of construction activities, and that all work on the site be done in accordance with the City's Council Policies K -5 and K -6. 20 MINUTES September 28, 1983 n � m m n ° a City of Newport Beach W11114 13. Prior to the issuance of any grading permits, the applicant shall waive the portions of AB 952 related to the City of Newport Beach responsibilities for mitigation of archaeological impacts, in a manner acceptable to the City Attorney. 14. Fugitive dust emissions during construction shall be minimized by watering the site for dust control, containing excavated soil onsite until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 15. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department . that the landscaping has been installed in accordance with the prepared plan). 16. The landscape plans shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning and Public Works Departments. 17. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 18. The landscape:plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over - watering. 19. The landscape plan shall place heavy emphasis on fire - retardant vegetation. 20. Street trees shall be provided. along the public streets as required by the Public Works Department and the Parks, Beaches and Recreation Department. 21. Landscaping shall be regularly maintained free of woods and debris. All vegetation shall be . regularly trimmed and kept in a healthy condition. 22. The timing of construction in parking areas shall be approved by the Grading Engineer and Planning Department. 21 3 � 5 � 3 5',e xw September 28, 1983 0 0 M P MINUTES R O L L CALL I 1 1 1 III I I INDEX 0 r1 LJ E 23. Prior to issuance of any grading and /or building permits the applicant shall deposit with the City Finance Director the sum proportional. to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport area. 24. Prior to issuance of any grading and /or building permits the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the westerly side of Jamboree Road between Eastbluff Drive (No.) and Ford Road. 25. Prior to issuance of any grading and /or building permits the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of East Coast Highway in the Irvine Terrace area. 26. That prior to the issuance of any building permits a specific soils and foundation study shall be prepared and approved by the Building Department. 27. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants Conditions, and Restrictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledged that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such service; b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; 22 September 28, 1983 � r • v m m w C MINUTES of Newport Beach INDEX c) The City of Newport, Beach will continue to oppose additional commercial area service expansions at the John Wayne Airport; d) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 28. That all conditions of the approved Traffic Phasing Plan be met. 29. Bus turnouts and shelters shall be installed on Birch Street and MacArthur Boulevard at locations approved by the Traffic Engineer and the Orange County Transit District. The shelters shall be located outside the right -of -way, if required. 30. Sight distance at all intersections shall be provided in accordance with City Std. Swg. 110 -L . with Santa Cruz Drive as a secondary arterial. 31. That prior to the issuance of a building permit the applicant shall provide the Building Department and the Public Works Department with a letter from the Sanitation District stating that sewer facilities will be available at the time of occupancy. 32. That all improvements be constructed as required by ordinance and the Public works Department. 33. Prior to occupancy of any building, the applicants shall provide written verification from Orange County Sanitation that adequate sewer capacity is available to serve the project. 34. Any construction on the site should be done in accordance with the height restriction for the area. Said should apply to any landscape materials, signs, flags, etc. as well as structures. 35. That the final design of all on -site vehicular and pedestrian circulation, and parking be reviewed and approved by the City Traffic Engineer and Planning Department.. • 36. All parking areas shall be subject to further review and approval by the Traffic Engineer. 23 MINUTES September 28, 1983 � z � r v m m a m City of Newport Beach moo ROLL CALL I I I I Jill I INDEX 37. 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 uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 38. The applicant shall provide energy - conserving street and parking lot lighting and minimize decorative or non - functional lighting in a manner acceptable to Planning Director. 39. A lighting plan shall be submitted for review by the Police Department to ensure adequate lighting of pedestrian walkways and parking areas. 40. The proposed project shall incorporate an internal security system (i.e. security guards, alarms, access limits after hours) that shall be reviewed • by the Planning Department. 41. That all buildings on the project site shall be equipped with fire suppression systems approved by the Fire Department. 42. That all access to the buildings be approved by the Fire Department. 43. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 44. That fire vehicle access shall be approved by the Fire Department. 45. On -site water mains and fire hydrants locations are to be approved by the Fire and Public Works Departments. 46. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 47. The project shall incorporate the use of alternative energy technology into building designs . and systems for heating pools and spas at the hotel. Prior to the issuance of any building permit for said the applicant shall demonstrate to the satisfaction of the Planning Director that the concerns of this condition have been met. 24 MINUTES September 28, 1983 � x r . � m m m w. City of Newport Beach 1 ROLL CALL I III Jill I INDEX 48. A grease trap system shall be designed and incorporated into the hotel site design, to the satisfaction of the City of Newport Beach Building and Utilities Departments. The location of the grease trap shall be easily accessible and a city representative shall be allowed access to inspect the system at all times. The applicant shall also supply to the City for approval a grease trap maintenance program that provides for ongoing maintenance and inspections. 49. Openable windows for guest rooms shall be used to allow cooling by normal breezes unless it is determined for certain area by the City that said are not appropriate for safety of securing reasons. 50. Interior noise levels in the proposed project shall not exceed 45 CNEL in any habitable space. 51. Prior to the issuance of building permits, a • program for the sorting of recyclable material form solid wastes shall be developed and approved by the Planning Department. 52. All proposed development shall provide for weekly vacuum sweeping of all surface parking areas. 53. The applicant shall plan and implement a program to encourage the use of high- occupancy vehicles and alternate transportation modes for employees and visitors to the Sheraton Hotel, in a manner acceptable to the Planning Director. Said program shall include hotel employees being encouraged to use the OCTD Transit system through the provision of subsidized bus passes or other appropriate means. 54. The hotel management shall continue to provide its hotel van service for hotel guest transportation and, if necessary, shall add additional van service to be provided to guests of the hotel expansion. 55. That any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 Dba at the property line and that any mechanical equipment and • ( j I I I J I emergency power generators shall be screened from I I view. 25 m W � o _ September 28, 1983 M 56. Signage and exterior lighting shall be of similar design theme throughout the project and shall be approved by the Planning and Public Works Departments. 57. The applicant shall provide energy- conserving street and parking lot lighting and minimize decorative or non - functional lighting in a manner acceptable to the Planning Director. 58. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 59. That the applicant shall pay their "Fair- Share" of. Master Planned Circulation System Improvements as may be determined by the City. MINUTES INDEX • Request to consider an amendment to Chapter 20.10 and Item #5 Section 20.87.140 of the Newport Beach Municipal Code, AMENDME establishing regulations pertaining to Second Family N0. 595 Residential Units on single family lots in the City of Newport Beach. INITIATED BY: The City of Newport Beach Mr. Bob Gabriele, Assistant City Attorney, referred to Page 4 of the staff report, Condition No. 4, stating that staff is requesting deletion of the wording; "and thereafter... in perpetuity. ". In addition, Mr. Lenard referred to Condition No. 7, on the same page, suggesting that the wording "parking" be deleted, and also that a proposed Condition No. 10 be added to state, "Parking shall be in the form of not less than one .additional parking space per second family residential unit to that required for single family detached dwelling unit in the zone to which the property is located. ". In response to a question posed by Commissioner Kurlander, Mr. Hewicker, Planning Director, stated that the laws adopted by the State Legislature mandating these types of units are trying to address two problems: 1. To provide legislation whereby families can provide a small second dwelling unit for a senior member of the family; or 26 MINUTES September 28, 1983 3 � v m m City of Newport Beach m;o INDEX 2. They can provide a second dwelling unit at least cost for other people. What staff has attempted to do here is to only allow these types of units in those areas of the City where the lot size currently meets all the subdivision and zoning requirements. Therdfore, they would primarily be limited to the newer area of the City and perhaps some areas of Newport Heights where the lot sizes do currently meet or exceed 5,000 - 7,000 square foot limitations. Mr. Lenard made an additional response stating that there is one piece of Legislation that amended two sections of the Government Code. The Mello Bill added Section 65852.1, the section that is generally referred to as . the section on Granny Units, which talks about specifying age limitations. This particular legislation allows cities to exercise that option at their discretion. Additionally, Section 65852.2 was • added which is the section that deals specifically with second family residential units for providing addition housing opportunities. The second piece of Legislation is not optional on the part of the City, the City has 3 choices; 1) the City can adopt a second family unit ordinance, which is what staff is proposing, or 2) it can issue use permits subject to some criteria that are included in the Legislation, or 3) it can totally prohibit those types of units subject to some findings about drastically limiting housing opportunities. In response to a question posed by Commissioner Goff, Mr. Hewicker stated that the ramifications in Old Corona del Mar would be minimal because of the 30' x 118' lots. Mr. Hewicker further stated that with respect to double lots the second unit itself can only be a minimum of 400 square feet and a maximum 600 square feet in size, the existing dwelling can only be expanded by no more than 108, so in most cases in order to do that you may add on a small amount of square footage, but also some square footage has to be taken out of the primary unit. The second unit must be attached to the main dwelling and it must provide its own parking and is subject to a use permit. Commissioner Goff referred to Condition No. 4, Page 4, • stating that he would like for the deletion proposed by staff to remain as part of the condition for the purpose that if a person comes in to get a use permit and it is granted that any or all of the development 27 � r V m W September 28, 1983 on1 MINUTES Beach INDEX standards can be recorded on their deed so that a future owner will know he is buying into an agreement that the previous owner made. In response to Commissioner Goff's suggestion, Mr. Hewicker stated that it is possible to require that a covenant be recorded against the property and within that covenant staff would specify certain standards. Chairman King stated that the concern of the Commission is that since second kitchen units and other items have not been addressed the intention is essentially one of providing for the immediate family or the extended family in these units, and that it not be necessarily provided for outside rental income to the primary residents. In response to a question posed by Commissioner Person, Mr. Lenard stated that code would require more than one space per unit because the general standards • residential require one and a half spaces per dwelling unit so that with one dwelling unit you would be required two spaces and with the addition of the second family unit you would be required three. Staff is concerned that in some of the P -C District where the bulk of these units are allowed there might be a requirement for three spaces per dwelling unit never contemplating more than one dwelling unit on site. If the language were left the other way it would trigger the need for three additional spaces. Mr. Hewicker stated that for the record he would like to mention that Planning Department staff did send out public notices of the hearing to all of the Community Associations and to the Board of Realtors. AMENDMENT NO. 595 Motion K Motion was made to approve Item No. 5, with the ten conditions, Condition No. 7 to be modified, .and Conditions No. 10 and 11 to be added. Amendment X Amendment to the motion was made as to whether or not Ayes X X to include all of the language as it is provided and an Noes X X X X X additional condition that would require that a use permit be recorded, which MOTION FAILED. X X X X X X There being no further.discussion original motion for Noes X approval was now made, which MOTION CARRIED. 28 r fi c m m o m� �o_a�am CALL • • September 28,,1983 of Newport Beach :.: ] Request to amend a previously approved use permit which allowed the establishment of on -sale beer and wine in the existing Puffin's Restaurant on property located in the C -1 District. The proposed amendment is a request to change the operational characteristics of the existing restaurant so as to add the following: live entertainment; extend the closing hour from the permitted 12:00 midnight to 2:00 a.m.; service of alcoholic and non - alcoholic beverages in an outdoor garden waiting area; and the placement of a popcorn vending cart on the public sidewalk. The proposal also includes a modification to the Zoning Code so as to permit the approval of a temporary prefabricated structure for additional office space in the required 10 foot rear yard setback adjacent to an alley; and a request to amend the previously approved parking plan. MINUTES INDEX Item #6 USE.PERMIT NO. 1936 (Amended) LOCATION: Lots 5 and '6, Block P, Tract No. 323, APPROVED located at 3050 East Coast Highway, on the CONDI- northeasterly corner of East Coast Highway TIONALLY ,J and Jasmine Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Puffin's Inc.,-Newport Beach OWNER: Same as applicant The public hearing opened in connection with this item and Mr. Bruce Warden, owner of Puffin's Restaurant, appeared before the Commission. Mr. Warden stated for clarification that his intent is to extend additional services to the restaurant patrons, but-not to increase the number of patrons.at his restaurant. Conditions of Approval No. 10, 11 and 19 were explained to Mr. Warden for clarification. In regards to Conditions of Approval No. 2, 4, 6, 7 and 18 addressed by the Commission, Commissioner Person asked Mr. Warden to address his concerns., In response to Commissioner Person's question Mr. .Warden stated that: Condition No. 2: Yes, he is willing to accept the condition to remove the existing temporary building within twenty -one days of expiration date of the appeal period. �z v m m CJ • September 28, 1983 of Newport Beach Condition No. 4: Commissioner Goff made a specific request that this condition be noted. In response to Commissioner Goff's request, Mr. Warden stated that he is fully aware of the limited hours from 6:00 a.m. to 12:00 midnight. Condition No. 6: Mr. Warden stated that he. is in agreement with this condition to allow a limited two persons at any one time for the live entertainment. Condition No. 7: Mr. Warden stated that he is in agreement with this condition that there be no separate or additional amplification of the live entertainment other than through the facility's existing built -in system. Condition No. 18: Mr: Warden stated that he is in agreement with this condition that the proposed vending cart shall not be permitted. Commissioner Goff suggested a change in the language for Condition No. 19, to read as follows: "That no food or alcoholic beverages shall be served outside of the building, and that non - alcoholic beverages shall be served during daylight hours only. Mr. Sanford Freeman,. resident at 519 Jasmine Avenue, Corona del Mar appeared before the Commission. Mr. Freeman stated that he has a homeowner feels that the. request of Mr. Warden is detrimental to the residents in the neighborhood. Mr. Freeman submitted a letter to the Commission signed by neighbors in the area who concur with him. Nancy Starr, resident at 507 Jasmine Avenue, Corona del Mar, appeared before the Commission. Ms. Starr stated that she is not in favor of this request. In response to a question posed by Commissioner Goff, Ms. Starr stated that the outside area on the corner of East Coast Highway and Jasmine Avenue does not create a problem, but that it is the people who come by and litter. Ms. Starr further stated that it seems no one uses the parking spaces in the restaurant parking lot where there is usually parking available. Mr. Clark McCorp, resident at 2742 San Joaquin Hills Road, Corona del Mar appeared before the Commission. Mr. McCorp stated that he is representing Mrs. Carolyn Wilson who is supportive of this request to the extent 30 MINUTES INDEX COMMISSIONERS a z i 0 $ v m = m 0 m o Motion Amendment • Accepted Ayes Ix Abstain E X September 28,1983 of Newport Beach that live entertainment and alcoholic and non - alcoholic beverages in the outdoor waiting area be permitted. Mr. Dick Nichols, resident at 519 Iris, Corona del Mar, appeared before the Commission. Mr. Nichols commented on the fact that he believes this use permit shall not be passable onto someone else other than the applicant. Mr. Nichols further stated that he feels Condition of Approval No. 14 is very important in that it states, "...No bar area shall be constructed without amending this use permit." Motion was made for the approval of Use Permit No. 1936 (Amended), subject to the Findings and Conditions of Exhibit "A ". Commissioner Person asked the maker of the motion whether he would accept the following changes and additions to the Conditions: Condition No. 19: No food or alcoholic beverages shall be served outside of the building at any time. The service of non- alcoholic beverages shall be permitted only during daylight hours outside of the building. Condition No. 20: That no stage area be constructed on the premises. Condition No. 21: That an electrical permit be obtained and the parking lot lights be inspected. Said lights shall be shielded or adjusted so as to confine the illumination to the restaurant site. Maker of the motion accepted the changes and additions. There being for further discussion, motion for approval of Use Permit 1936 (Amended) was now voted ,on, which MOTION CARRIED. Findings: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will. not have any significant environmental impact. 3. The approval of Use Permit No. 1936 (Amended) will not, under the circumstances of this case, be 31 MINUTES INDEX COMMISSIONERS X r m • • September 28,.1983 of Newport Beach detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That development shall he in substantial conformance with the approved plot plan and floor plan, except as may be noted below. 2. That the existing temporary building be removed from the site within twenty -one days of the expiration date of the appeal period. 3. That a trash enclosure be constructed in accordance with the approved plan. 4. That the restaurant facility shall be limited to the hours from 6:00 a.m. to 12:00 midnight. 5. That employees of the restaurant facility shall park on site at all times. 6. That the live entertainment shall be limited to two persons at any one time. 7. That there be no separate or additional amplification of the live entertainment other than through the facility's existing built -in system. 8. That the, noise from the live entertainment be confined to the interior of the structure. 9. That all improvements be constructed as required by ordinance or the Public Works Department. 10. That the leaseholder shall dedicate his interests in a ten -foot radius corner cutoff at the corner of East Coast Highway and Jasmine Avenue, and that the dedication be completed prior to implementation of the revised use permit. 11. That the applicant obtain an encroachment permit from CalTrans for the planter constructed within the East Coast Highway Frontage. if a permit is not obtainable, the applicant shall remove the planter. 32 MINUTES N • • COMMISA)NEW) MINUTES September 28,.1983 � m m City of Newport Beach LL CALL INDEX 12. That all mechanical equipment, outdoor storage and trash areas shall be screened from the alley, adjoining properties, and streets. 13. That the rear parking area shall be repaved and striped in accordance with the attached parking plan. 14. That the service of alcoholic beverages shall be incidental to the primary food service operation. No bar area shall be constructed without amending this use permit. 15. That the subject restaurant shall be operated in a manner compatible with the adjacent residential district. 16. 'There shall be no trash pick -up or delivery of supplies or merchandise before 7:00 a.m. 17. That the Planning Commission may add and /or modify Conditions of Approval to 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 or welfare of the community. 18. That the proposed vending cart shall not be permitted. . 19. No food or alcoholic beverages shall be served outside of the building at any time. The service of non - alcoholic beverages shall be permitted only during daylight hours outside of the building. 20. That no stage area be constructed on the premises. 21. That an electrical permit be obtained and the parking lot lights be inspected. Said lights shall be shielded or adjusted so as to confine the illumination to the restaurant site. * z Request to establish a take -out restaurant on property located in the C -1 -Z District and to waive all of the required off - street parking spaces. 33 item #7 COMMISSIONERS r � m •� m o —msa- J • Motion Ayes X Noes n U September 28,.1983 T1 11'• ! LOCATION: Lots 12 -16, Block 10, Balboa Tract, located at 105 Main Street on the northwesterly corner of East Ocean Front and Main Street on the Balboa Inn property in Centeral Balboa. ZONE: C -1 -Z APPLICANTS: Nancy Greenebaum and Richard Walsh, Huntington Beach OWNER: - Chien Shan Wang, Newport Beach The public hearing opened in connection with this item and Mr. Richard Walsh, resident at 9572 Velardo, appeared before the Commission. Mr. Walsh stated that in reading the Findings and_Conditions of Approval he has no objections. In response to a question posed by Commissioner Goff, the applicant stated that he understood the wording in Condition No. 6. Motion was made for the approval of Use Permit No. 3055, subject to the Findings and Conditions in Exhibit "A ", which MOTION CARRIED: Findings: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to parking, parking lot illumination, circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That the proposed use does not represent an intensification of use that will result in an increased parking demand for the area. 34 MINUTES INDEX PERMIT i n u COMMISSIONERS � x � r v m m September 28,1983 of Newport Beach 5. The approval of Use Permit No. 3055 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. cnnditinnse 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as may be noted below. 2. That the development standards related to all of the required off - street parking spaces, parking lot illumination, building setbacks; circulation, walls, landscaping, and utility requirements, are waived. 3. That no on -sale or off -sale alcoholic beverages be sold or consumed on the premises unless the Planning Commission approves an amendment to this use permit. 4. , That the hours of operation' shall not be before 9:00 a.m. or after 12:00 midnight, daily. 5. That all seating shall be located within the building and shall be incidental to the primary take -out operation of the restaurant. 6. That all illegal signs shall be removed from the restaurant location, and any new signs shall conform with the requirements of Chapter 20.06 of the Newport Beach Municipal Code. 7. That the applicants shall obtain required Building Permits for all alterations made to their portion of the subject property. 8. That the applicants shall remove the existing stairs along East Ocean Front. 9. That any access to the subject building from East Ocean Front shall be restricted to an access constructed at the existing finished floor elevation. 35 MINUTES INDEX September 28, 1983 itv of Newport Beach MINUTES ROLL CALL I I I I I I I I I INDEX • • 10. That no cooking or any food preparation other than warming of hot dogs and microwave items shall be permitted in the take -out restaurant facility unless an amended use permit is approve by the City at a later date. Said amendment could: require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 11. That the Planning Commission may add and /or modify Conditions of Approval to 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 or welfare of the community. x Request to permit the construction of a two unit residential condominium development and related garage spaces on property located in.the R -2 District. AND I AND Request to resubdivide a portion of an existing lot and a portion of vacated East Ocean Front into a single lot for residential condominium-purposes. LOCATION: A portion of Lot 3, Block C, Seashore Colony Tract and a portion of vacated West Ocean Front, located at 6304 East Ocean Front, on the northerly side of West Ocean Front, between Cedar Street and Prospect Street, in West Newport. ZONE: R -2 APPLICANTS: Jerry and Yvonne Cobb, Newport Beach OWNERS: Same as applicants ENGINEER: W. R. Haynes and Company, Newport Beach The public hearing opened in connection with these items and Mr. Jerry Cobb, resident at 2926 Perla, Newport Beach, appeared before the Commission. Mr. Cobb stated that he supports the Findings and Conditions of Approval for this application. 36 BOTH. APPROVED 'CONDI- TTONALLY n x r � m S m c m m September 28, 1983 itv of Newport Beach MINUTES ROLL CALL I I I I I I I I I INDEX • • 10. That no cooking or any food preparation other than warming of hot dogs and microwave items shall be permitted in the take -out restaurant facility unless an amended use permit is approve by the City at a later date. Said amendment could: require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 11. That the Planning Commission may add and /or modify Conditions of Approval to 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 or welfare of the community. x Request to permit the construction of a two unit residential condominium development and related garage spaces on property located in.the R -2 District. AND I AND Request to resubdivide a portion of an existing lot and a portion of vacated East Ocean Front into a single lot for residential condominium-purposes. LOCATION: A portion of Lot 3, Block C, Seashore Colony Tract and a portion of vacated West Ocean Front, located at 6304 East Ocean Front, on the northerly side of West Ocean Front, between Cedar Street and Prospect Street, in West Newport. ZONE: R -2 APPLICANTS: Jerry and Yvonne Cobb, Newport Beach OWNERS: Same as applicants ENGINEER: W. R. Haynes and Company, Newport Beach The public hearing opened in connection with these items and Mr. Jerry Cobb, resident at 2926 Perla, Newport Beach, appeared before the Commission. Mr. Cobb stated that he supports the Findings and Conditions of Approval for this application. 36 BOTH. APPROVED 'CONDI- TTONALLY COMMISSIONERS � x � m m c ° °m °sn�nm — > Motion All Ayes X Motion All Ayes X E • X KI September 28,1983 Nn Motion was made for the approval of Use Permit No. 3059, subject to the Findings and Conditions in Exhibit "A ", which MOTION CARRIED. Motion was made for the approval of Resubdivision No. 759, subject to the Findings and Conditions in Exhibit "A ", which MOTION CARRIED. Use Permit No. 3059 Findings: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. That as conditioned, the project will comply with all applicable standard plans and zoning requirements for.. new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health; safety, peace, comfort and general welfare of persons residing and 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. Conditions: 1. That development shall be in substantial conformance with the approved plot, floor plans, and elevations except as noted below. 2. That the development shall not contain more than 3,120 sq.ft. of floor area as set forth in the Municipal Code. 37 ■ ■ MINUTES ■ � r . 9 m 0 > >> ®mom • • September 28,1983 Citv of Newport Beach 3. That all conditions of approval of Resubdivision No. 759 shall be fulfilled. 4. That a grading permit be obtained. 5. That the proposed driveway grades be approved by the City Traffic Engineer and Grading Engineer. 6. That one tandem garage space and one carport. space shall be provided for each dwelling unit. Resubdivision No. 759 Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code; all ordinances of the City, all applicable, general or specific plans and the Planning. Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed _improvements will not conflict with any easements acquired by the public at large, for access through or use of, property within the . proposed subdivision. Conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each dwelling unit be. served with an individual water service and sewer lateral connection to the public water, and sewer systems unless otherwise approved by the Public Works Department. 4. That all conditions of approval of Use Permit No. 3059 be fulfilled. • x x . Request to permit the construction of a two unit residential condominium project and related garage spaces on property located in the R -2 District. 38 ■ MINUTES IP.I.73:� item #9 USE PERMIT Nom COMMISSIONERS MINUTES September 28, 1983 m 3 w. City of Newport Beach LL CALL INDEX AND AND Request to resubdivide an existing lot into a single RESUB- lot for residential condominium purposes. DIVISION NO. 760 LOCATION: Lot 10, Block 431, Corona del Mar Tract, located at 428 Carnation Avenue, on the southeasterly side of Carnation Avenue between First Avenue and Second Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Robert Vaughan, Corona del Mar OWNERS: Robert LaRoche and Robert Vaughan, Corona del Mar ENGINEER: Ron Miedema, Costa Mesa The public hearing opened in connection with these BOTH • items and Mr. Brion Jeannette, Architect for the APPROVED project, appeared before the Commission. CONDI- TIONALLY In response to a question posed by Commissioner Goff, Mr. Jeannette stated that he has no objections to Condition No. 4 regarding the required 10 foot separation between detached structures. Motion X There being no further discussion, motion was made for All Ayes X X X X X X X the approval of Use Permit No'. 3060, subject to the Findings and Conditions in Exhibit "A ", which MOTION CARRIED. Motion Motion was made for the approval of Resubdivision All Ayes X X X X X X X No. 760, subject to the Findings and Conditions in Exhibit "A ", which MOTION CARRIED. Findings: i 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. That project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the . proposed project is located at the time of approval. 39 MINUTES September 28,1983 � � 4 City of Newport Beach 1011 CALL I III Jill I INDEX r1 �J 0 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan and the Local Coastal Program, Land Use Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The approval of Use Permit No. 3060 will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing and 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. Conditions: 1. That development shall be in substantial conformance with the approved plot, floor plans, and elevations except as noted below. 2.. That two on -site parking spaces shall be provided for each dwelling unit. 3. That all conditions of approval of Resubdivision No. 760 shall be fulfilled. 4. That the proposed project shall be redesigned so as to provide a minimum 10 foot separation between the detached structures on the property: Resubdivision No. 760 Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 40 v m m n U September 28,.1983 of Newport Beach 3. That the proposed resubdivision presents no problems from a planning standpoint. Conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That all vehicular access to the parcel be from the alley. 4. That each dwelling unit be served with individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the existing storm drain easement shall be abandoned prior to the recordation of the parcel map.. 6. That all driveway slopes shall be approved by the Building Department. Request to permit the construction of a two unit residential condominium project and related garage spaces on property located in the R -2 District. AND Request to resubdivide an existing lot into a single lot for residential condominium purposes. LOCATION: Lot 10, Block 431, Corona del Mar Tract, located at 426 Carnation Avenue, on the southeasterly side of Carnation Avenue between First Avenue and Second Avenue, in Corona del Mar. . ZONE: R -2 APPLICANT: Robert Vaughan, Corona del Mar OWNERS: Robert LaRoche and Robert Vaughan, Corona del Mar ENGINEER: Ron Miedema, Costa Mesa 41 MINUTES INDEX Item #10 USE PERMIT NO. 3062 AND RESUB- DIVISION NO. 761 GUMMbNUNtK5 MINUTES September 28,1983 n 7C m City of Newport Beach LL CALL The public hearing opened in connection with these ffAPPROVED items. Motion There being no discussion, motion was made for the LY All Ayes X K K K X X X approval of Use Permit No. 3062, subject to the Findings and Conditions in Exhibit "A ", which MOTION CARRIED. Motion All :Ayes • • IX Motion was made for approval of Resubdivision No. 761,. subject to the Findings and Conditions in Exhibit. "A ", which MOTION CARRIED. Use Permit No. 3062 Findings: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. That project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is, located at the time of approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan and the Local Coastal Program, Land Use Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The approval of Use Permit No. 3062 will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing and 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. Conditions: 1. That development shall be in substantial conformance with the approved plot, floor plans, and elevations except as noted below. 42 u 0 September 28, 1983 r c m City of Newport Beach 2. That two on -site parking spaces shall be provided for each dwelling unit. 3. That all conditions of approval of Resubdivision No. 761 shall be fulfilled. 4. That the proposed project shall be redesigned so as to provide a minimum 10 foot separation between the detached structures on the property. Resubdivision No. 761 Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific.plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. Conditions: 1. That a parcel map-be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That all vehicular access to the parcel be from the alley. 4. That each dwelling unit be served with individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the existing storm drain easement shall be abandoned prior to the recordation of the parcel map. 6. That all driveway slopes shall be approved by the Building Department. 43 MINUTES ■ 11 11 COMMISSIONERS r 3 m c m m September 28,1983 Of None. t Beach f REPORTS FROM AD HOC COMMITTEES ADDITIONAL BUSINESS Motion was made to set for public hearing, to consider amending the Newport,Place Planned Community text so as to set a maximum number of hotel rooms permitted in.the Planned Community - All Ayes ,t ,t There being no further business, the Planning Commission adjourned at 12:00 midnight. x x 44 James Person, Secretary City of Newport Beach Planning Commission MINUTES