HomeMy WebLinkAbout09/28/1983MmSSIONERS SPECIAL PLANNING COMMISSION MEETING
PLACE: City Council Chambers
3 TIME: ' 7:30 p.m.
ro c DATE: September 28, 1983
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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
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September 28, 1983
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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.
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AND I AND
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COMMdSSIONERS MINUTES
September 28, 1983
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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
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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
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September 28, 1983
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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.
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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.
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September 28, 1983
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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.
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September 28, 1983
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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.
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September 28, 1983
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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.
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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
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September 28, 1983
City of Newport Beach
"Belcourt" Area 8', within the Aeronutronic
Ford Planned Community.
AND
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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.
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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.
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Motion was made to approve Item 3 -A, incorporating the
Ayes. .
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X
X
K
September 28, 1983
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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.
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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.
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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
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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)
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September 28, 1983
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• 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
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$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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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• 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
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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
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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.
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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.
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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.
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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
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COMMISSIONERS
a
z
i 0 $
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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
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COMMISSIONERS
X
r
m
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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
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September 28,.1983
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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
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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
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PERMIT
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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
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September 28, 1983
itv of Newport Beach
MINUTES
ROLL CALL I I I I I I I I I INDEX
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•
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
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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
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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.
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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
■
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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
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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
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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
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September 28, 1983
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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
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11
COMMISSIONERS
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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