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HomeMy WebLinkAbout10/05/1989COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers NA\� TI ME: 7:30 P.M. o DATE: October 5, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Present Absent * * Chairman Pomeroy and Commissioner Merrill were absent. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Robert Lenard, Advance Planning Manager, Patricia Temple, Principal Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes of September 21. 1989: Minutes of 9 -21 -89 Motion * Motion was made and voted on to approve the September 21, Ayes * * * * 1989, Planning Commission Minutes. MOTION CARRIED. Abstain Absent Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, September 29, 1989, in front of City Hall. • COMMISSIONERS October 5, 1989 MINUTES 0 N\'\ N\ CITY OF NEWPORT BEACH ROLL CALL INDEX Request for Continuances: Request for James Hewicker, Planning Director, stated that the applicants, Continuane Donna and Ernest Schroeder, have requested that Item No. 1, Planning Commission Review No. 11, property located at 2717 Shell Street be continued to the October 19, 1989, Planning Commission meeting. He stated that the applicant, Joe Sperrazza, has requested that Item No. 6, Use Permit No. 3306 (Amended), property located at 501 - 30th Street, be continued to the Planning Commission meeting of October 19, 1989, so as to allow additional time to revise the on -site parking design. Mr. Hewicker further stated that the City Attorney's Office has requested that Item No. 13, Amendment No. 679, regarding "Specialty Food" uses be continued to the October 19, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue Items No. 6 and No. Ayes * * * * 13 to the October 19, 1989, Planning Commission meeting. ent * * MOTION CARRIED. In response to questions posed by Commissioner Pers6n, Mr. Hewicker explained that Mr. Schroeder requested in a letter to staff dated October 5, 1989, that Planning Commission Review No. 11, Item No. 1, be continued to the October 19, 1989, Planning Commission meeting to allow the applicants additional time to address the items in the staff report pertaining to the three chimneys that exceed the height limit. Mr. Hewicker stated that the alternatives are to lower the chimneys so as to comply with the Zoning Code, or for the Planning Commission to allow the applicants' request. Motion * Motion was made and voted on to continue Item No. 1, Planning Ayes * * * Commission Review No. 11 to the October 19, 1989, Planning No * Commission meeting. MOTION CARRIED. Absent Commissioner Pers6n explained that he did not support the motion on the basis that he was prepared to review the application, and that interested persons have attended the Planning Commission meeting to testify on the subject item. The Planning Commission discussed the feasibility of opening the discussion item inasmuch as the interested parties attending the Planning Commission meeting would not be able to attend the October 19, 1989, Planning Commission meeting. -2- COMMISSIONERS October 5, 1989 MINUTES O � d i N '\ O\ CITY OF NEWPORT BEACH ROLL CALL INDEX Motion Ayes * * * * Motion was made and voted on to reconsider the previous motion to continue Item No. 1, to the October 19, 1989, No * Planning Commission meeting for the expressed purpose of Absent * * taking testimony. MOTION CARRIED. Planning Commission Review No. 11 (Discussion) Item No.1 Request to review three chimneys which exceed the 24 foot basic PCR Noll height limit in the R -1 District and which exceed the minimum height required by the Uniform Building Code. Cont'd to 10 -19 -89 LOCATION: Lots 6 and 13, Block C -33, Corona del Mar, located at 2717 Shell Street, on the southwesterly side of Shell Street between Fernleaf Avenue and Way Lane in China Cove. ZONE: R -1 • APPLICANTS: Donna and Ernest Schroeder, Corona del Mar OWNERS: Same as applicants Acting Chairman Debay and Commissioner Pers6n discussed with Mr. Hewicker the current status of the single family dwelling and the chimneys, and the ability of the Planning Commission to stop construction of the chimneys on the structure. Mrs. Dee Masters, 140 Fernleaf Avenue, appeared before the Planning Commission as a resident of China Cove for 35 years. Mrs. Masters stated her concerns regarding the intense development in China Cove; that the residents have not been adequately informed of public hearings; that the neighbors are being penalized to enable other property owners "to do their thing ; and the chimneys are a travesty in China Cove and need to be removed. Mr. Jerry Thompson, 2701 Shell Street, property adjacent to the subject site, appeared before the Planning Commission. Mr. Thompson stated that the residents of China Cove were opposed • to the entire project from the beginning. He further stated that Mr. and Mrs. Drabeck, 2712 Shell Street, and Mr. and Mrs. Jim Moreland, 2716 Shell Street, contacted him inasmuch as they are -3 COMMISSIONERS October 5, 1989 .o 0 �0 '\\N \ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX directly affected by the chimneys. He stated that they questioned why the item is being heard inasmuch as the chimneys exceed height, and that any other project would be "redtagged" and construction would be stopped. Mr. Thompson commented that he does not see the chimneys from his property; however, he has received comments from the neighbors that the chimneys are ugly. Mr. Charles Masters, 140 Fernleaf Avenue, appeared before the Planning Commission. He maintained that the regulations of the Building Code need to be followed. Commissioner Pers6n requested that Variance No. 1134, Planning Commission minutes dated July 10, 1986, and the City Council minutes dated August 11, 1986, be included in the October 19, 1989, staff report. Mr. Hewicker explained that inasmuch as the subject item is a discussion item and not a public hearing, that it is not required • to notify property owners within 300 feet of the subject site. Mr. Hewicker commented that a notice was mailed to the property owner who made the initial complaint regarding the chimneys. Mrs. Masters reappeared before the Planning Commission. She commented that the only reason there were no objections from the residents regarding the subject item was because the property owners were not notified of the review. Commissioner Pers6n requested that courtesy notices be mailed to the property owners within 300 feet of the subject property. Commissioner Glover and Mr. Hewicker discussed the feasibility of stopping construction on the chimneys. Motion * Motion was made and voted on to continue Planning Ayes * * * * * Commission Review No. 11 to the Planning Commission meeting Absent * * of October 19, 1989, that staff shall submit a courtesy notice to property owners within 300 feet of the subject site, and that the Building Director shall be contacted by the Planning Director that no further work proceed on any of the chimneys on the building. MOTION CARRIED. -4- COMMISSIONERS October 5, 1989 MINUTES 0 v \ CITY OF NEWPORT BEACH ROLL CALL 111 1111 1 1 INDEX Establishment of Grade (Discussion) I Item No.2 Request to establish grade on property located at 809 East Bay Establish Avenue. Grade LOCATION: Lot 4, Block 11, Balboa Tract, located at 809 Approved East Bay Avenue, on the southwesterly side of East Bay Avenue, between Main Street and "A" Street, in Central Balboa. ZONE: R -2 APPLICANT: Dan D'Amore, Newport Beach OWNERS: Dan and Barbara D'Amore, Newport Beach Don Webb, City Engineer, stated that inasmuch as the Public Works Department is concerned with areas that are subject to flooding at high tides, that the structure should be measured from the highest tide or bulkhead elevation. William Laycock, Current Planning Manager, requested that Condition No. 2 be revised to state "That the applicant shall grant to the City of Newport Beach a dedication on the rear 5 feet of the subject property. Said dedication shall be for alley purposes and shall be provided over the full width of the site." The public hearing was opened in connection with this item, and Mr. Dan D'Amore, applicant, appeared before the Planning Commission. Mr. D'Amore concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Establishment of Ayes * * * * 9 Grade on property located at 809 East Bay Avenue, subject to Absent * * the findings and conditions in Exhibit "A ", including revised Condition No. 2. MOTION CARRIED. Findings: 0 1111 111 1. That the grade proposed by the applicant generally conforms to the existing grade at the rear of the property -5- October 5, 1989 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX and to the grade of the adjoining property to the southeast. 2. That the grade proposed by the applicant is a minor alteration of the existing building envelope which is necessary so as to design a project which provides handicapped access to the site. 3. That the establishment of grade as proposed by the applicant is consistent with the intent of Chapter 20.02 in that said grade is comparable to the grade elevation used for measuring building heights in the Cannery Village /McFadden Square Specific Plan Area. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans, elevations and grading plan, except as noted below. 2. That the applicant shall grant to the City of Newport Beach a dedication on the rear 5 feet of the subject property. Said dedication shall be for alley purposes and shall be provided over the full width of the site. 3. That the proposed ramp and vehicular access to the subterranean parking area shall be subject to further review by the Public Works Department. A. General Plan Amendment No. 89- 2(K)(Continued Publi c Item No.3 Hearing) GPA 89 -2K Request to amend the Land Use Element of the Newport Beach General Plan for the Bayside Drive Open Space area in order LCP No.22 to allow construction of a 3,740 sq.ft. addition to the Balboa Yacht Club. UP1681A INITIATED BY: The City of Newport Beach Approved i AND -6- COMMISSIONERS October 5, 1989 MINUTES � ,r o • �� CITY OF NEWPORT BEACH ROLL CALL INDEX B. Local Coastal Program Amendment No. 22 (Continued Publi c Hearing) Request to amend the Local Coastal Program Land Use Plan for the Bayside Drive Open Space area in order to allow the construction of a 3,740 sq.ft. addition to the Balboa Yacht Club. AND C. Use Permit No. 1681 (Amended)(Contin ed Public Hearing) Request to amend a previously approved use permit which permitted the expansion and alterations to the existing Balboa Yacht Club, on property located in the O -S District. The proposed amendment involves an expansion and renovation of the existing yacht club. Said additions include an expanded dining room, new administrative offices, expanded kitchen, an interior snack bar, new bathrooms and a new basement area which will be used for additional locker storage and dry food • storage for the yacht club restaurant. LOCATION: Parcel 1, Parcel Map 84 -721 (Resubdivision No. 791), a portion of Block 95 of Irvine's Subdivision and a portion of Lots A and B, Tract No. 6927, located at 1801 Bayside Drive on the southwesterly side of Bayside Drive, southwesterly of El Paseo Drive. ZONE: O -S APPLICANT: Balboa Yacht Club, Corona del Mar OWNERS: Balboa Yacht Club and the County of Orange William Laycock, Current Planning Manager, suggested that Condition No. 10 be added to Use Permit No. 1681 (Amended) stating "That Coastal Commission approval shall be obtained prior to the issuance of a Building Permit." The public hearing was opened in connection with this item, and Mr. Lee Riley, appeared before the Planning Commission on • -7- COMMISSIONERS MINUTES October 5, 1989 ON '\ 4\0\ 0 CITY OF NEWPORT BEACH ROLL CALL INQEX behalf of the applicant. Mr. Riley explained that 76 percent of the expansion will be on the basement level for storage purposes, and not visible from Bayside Drive or from the bluff overlooking the Club. He commented that 24 percent of the expansion will be at street level to the northerly side of the structure. Mr. Riley explained that the rooftop equipment that is currently visible will be placed in a mechanical well on the roof in the area where the new addition is being constructed. Mr. Riley stated that the plans submitted comply with the intent of Condition No. 2, requiring that mechanical equipment and trash area will be screened off from public view and from the residences on the bluff above Bayside Drive. Mr. Riley concurred with the foregoing Condition No. 10 and the findings and conditions in Exhibit "A". Mr. Riley addressed the FAR for the subject property as it relates to the parcels of leasehold land. Mr. Riley stated that the lease on the Tidelands Parcel shall expire in ten years; however, he said the County Harbors, Parks, and Beaches indicated they saw no reason why there would not be a renewal of the leasehold interest. There being no others desiring to appear and be heard, the public hearing was closed at this time. motion * Motion was made and voted on to approve General Plan Ayes * * * * * Amendment No. 89 -2 K (Resolution No. 1199), Local Coastal Absent * * Program Amendment No. 22 (Resolution No. 1200), and Use Permit No. 1681, including the foregoing Condition No. 10, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. A. Environmental Document: Accept the environmental document, making the following findings and requiring the following mitigation measure: Findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. -8 COMMISSIONERS MINUTES October 5, 1989 o 1 CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant . environmental impact. 4. That based on information contained in the Initial Study, Negative Declaration, and supportive materials thereto, that if the mitigation measures are incorporated into the project, it will not have a significant adverse impact on the environment. 5. That the mitigation measure identified in the Initial Study have been incorporated into the proposed project and are expressed as Conditions of Approval of Use Permit No. 1681 (Amended). B. GENERAL PLAN AMENDMENT NO, 89 -2(K): 1. Adopt Resolution No. 1199, recommending it to the City Council, as set forth in the attached Draft Resolution. C. LCP LAND USE PLAN AMENDMENT NO, 22: 1. Adopt Resolution No. 1200, recommending it to the City Council, as set forth in the attached Draft Resolution. D. USE PERMIT NO. 1681 (AMENDED): Findings: 1. That proposed expansion of the yacht club building is consistent with the Land Use Element of the • General Plan as amended by the concurrent -9- COMMISSIONERS October 5, 1989 MINUTES sp0� . O� �0' ��\ CITY OF NEWPORT BEACH ROLL CALL INDEX application of General Plan Amendment No. 89- 2(K) and Amendment to the Local Coastal Program Land Use Plan No. 22. 2. That the majority of the expansion involves additions to the kitchen and storage areas in the basement which will not result in an increased parking demand for the facility 3. That the project will not have any significant environmental impact. 4. That the Police Department indicates that they do not contemplate any problems related to the proposed expansion. 5. That the approval of Use Permit No. 1681 (Amended) under the circumstances of this case, will not 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 and further that the proposed modification is not consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That all mechanical equipment and trash areas shall be screened from view, including views from single family homes on Bayadere Terrace above the site. 3. That adequate provision be taken to insure that no excessive debris or foreign materials be permitted to enter the bay during construction. -10- COMMISSIONERS October 5, 1989 MINUTES NW \ \ \ \ \ \\ \CITY OF NEWPORT BEACH ' ROLL CALL 111 fill I INDEX • 4. That a siltation, dust, and debris control plan shall be submitted, and be subject to approval by, the Building Department and a copy will be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. This shall be a complete plan for temporary facilities to minimise any potential impacts from silt, debris, and other water pollutants. 5. That the siltation, dust, and debris control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of any haul operations. 6. That the height of the new construction shall not exceed that of the existing structure. I I I I I I I I 7 That the final layout of the parking areas shall be subject to review and approval by the City Traffic Engineer. 8. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 9. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 10. That Coastal Commission approval shall be obtained prior to the issuance of a Building Permit. 4 t t -11- COMMISSIONERS MINUTES � October 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3321 (Revocation)(Continued Public Hearing) Item No.4 Request to consider recommending the revocation of Use Permit UP3321 No. 3321, Newport Sound Waves, that specializes in the sale and installation of automobile accessories, for failure to comply with Recommend. specific conditions of approval or to consider adding or modifying Revoca- tion conditions of approval to said use permit. LOCATION: A portion of Lot F, Tract No. 919, located at 2906 West Coast Highway, on the northerly side of West Coast Highway, between North Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANTS: Nancy and Robert Clark OWNER: Robert Brandy, Pauma Valley James Hewicker, Planning Director, stated that on this date prior to the subject public hearing, the applicant submitted revised plans and a letter from the applicants' attorney regarding the subject item. Mr. Hewicker admonished the applicants for their delay in responding to staffs appeals and their lack of cooperation with staff. Mr. Hewicker advised the Planning Commission that if the item is continued that staff requests assurance that the applicants will cooperate so as to resolve the matter. Commissioner Person pointed out that the Planning Commission is not required to consider material submitted to the Commission within 24 hours of the public hearing, and that the material submitted to the Commission just prior to the subject public hearing arrived too late. Commissioner Pers6n stated that he would not support a continuance of the public hearing. Commissioner Edwards agreed with the foregoing statement. Commissioner Pers6n referred to a letter dated October 19, 1988, 60 days after the Planning Commission approved the subject • item, stating that the applicants were not allowed to open for -12- COMMISSIONERS October 5, 1989 MINUTES � o �0��\ CITY OF NEWPORT BEACH ROLL CALL INDEX business until after all of the conditions of approval were in compliance. Mrs. Nancy Clark, owner of Newport Sound Waves, appeared before the Planning Commission. Mrs. Clark requested a continuance of the item to October 19, 1989, to allow the Planning Commission. additional time to review the submitted revised plans. She explained that the parking plans have become a problem inasmuch as the applicants have a desire to expand the business, and the plans previously submitted were not approved by staff. In response to a question posed by Acting Chairman Debay regarding the applicants not returning telephone calls, Mrs. Clark explained that she received one telephone message too late to return on Friday from Mr. Ward, Senior Planner. She explained that she is not always available at the business and does not . receive messages from the employees. In response to questions posed by Commissioner Di Sano regarding the letters to the applicants from staff stating that the applicants have not complied with the conditions of approval, Mrs. Clark explained that estimates have been received regarding the driveway and the property owner has agreed to pay for one- half of the expense. She stated that inasmuch as the parking plan was not approved, the applicants could not stripe the parking area; however, the paint and. signs have been purchased. Commissioner Edwards addressed the number of conditions that the applicants have not complied with, not implemented or maintained. Mr. Hewicker stated that as a result of the problems that the applicants have had in submitting the new plans, the applicants propose to request that the Planning Commission amend some of the conditions previously imposed. Mr. Hewicker stated that the applicants are not in compliance with 11 conditions, and the reason is that the applicants are attempting to find alternatives. Commissioner Pers6n stated that at the August 18, 1988 Planning Commission meeting, the applicant, Mrs. Clark, was present, and agreed with Use Permit No. 3321, findings and conditions. • Commissioner Pers6n asked Mrs. Clark if she received the notice -13- COMMISSIONERS October 5, 1989 MINUTES A O CITY OF NEWPORT BEACH ROLL CALL INDEX from the City dated October 18, 1988, stating that the applicant could not implement the use permit until the conditions have been complied with, and Mrs. Clark agreed that she had received the letter. Commissioner Pers6n stated that one condition that was not implemented was that the applicant shall apply for and obtain a Coastal Development Permit prior to occupancy and authorization of the use permit, and Mrs. Clark agreed to said condition. Commissioner Pers6n stated that one year and 14 days after the August 18, 1988, Planning Commission meeting, on September 2, 1989, the applicants applied for a Coastal Development Permit, and he asked if the applicants had the Permit now. Mrs. Clark replied "no ", that the applicants had submitted the application twice and twice it had been returned because it was incomplete. Commissioner Pers6n stated that during the past 12 months the City advised the applicants that they were violating Condition No. 6, installing, window tinting and auto detailing outside of the building. Mrs. Clark replied that they are no longer window tinting or auto detailing; • however, occasionally quick stereo installations have been done outside. Commissioner Pers6n commented that maybe the. size of the facility is not adequate. Mrs. Clark agreed. In response to Commissioner Pers6n's statement regarding the applicant's submission of documents, Robin Flory, Assistant City Attorney, explained that the Planning Commission may continue the public hearing to consider the submitted documents; however, the Planning Commission is not required to consider the documents. Commissioner Pers6n asked Mrs. Clark if the applicants submitted a circulation plan. Mrs. Clark affirmatively replied that the plan submitted prior to the subject public hearing was an on -site vehicular and pedestrian circulation parking plan. In response to questions posed by Commissioner Pers6n, Mrs. Clark stated that she read the subject staff report, that she recognized the letters that the City sent to the applicants, and that she has had meetings with staff during the past 12 months. Mr. Cameron Quinn, attorney for the applicants, appeared before the Planning Commission. Mr. Quinn explained that the • documents that were submitted to the Planning Commission prior to the subject public hearing was for the purpose of informing -14- COMMISSIONERS October 5, 1989 MINUTES �' O' CITY OF NEWPORT BEACH ROLL CALL INDEX the Commission what has been accomplished. Mr. Quinn requested consideration of the revised plans, and the request to continue the item to the October 19, 1989, Planning Commission meeting. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to recommend to the City Council that Use Permit No. 3321 be revoked. Commissioner Pers6n referred to the constant number of letters and contacts made by staff, the continued failure of the applicants to communicate with the staff to abide by the conditions of approval, and not to show any interest until the day of the public hearing. Commissioner Pers6n rebuked businesses that refuse to abide by the conditions of approval that have been set forth by the Planning Commission, and that are reasonable requests by the City. • Commissioner Glover concurred with the foregoing statements. She addressed the attitude of the applicants towards the requests made by the City, and the responsibilities of a business owner. Ayes * * * * Motion was voted on to recommend to the City Council the Absent * * revocation of Use Permit No. 3321 based on the following finding. MOTION CARRIED. Finding: That the applicant for Use Permit No. 3321 has failed to comply with various conditions of approval as established by the Planning Commission at its meeting of August 18, 1988. Said conditions include the following: 1. That the proposed project shall be in substantial conformance with the approved site plan and floor plans, except as noted below. 2. That the on -site vehicular and pedestrian circulation system be subject to further review and approval by the City Traffic Engineer. Said parking areas • shall be appropriately striped in accordance with the approved parking plan. -15- COMMISSIONERS October 5, 1989 MINUTES 0 N'O\ OO CITY OF NEWPORT BEACH ROLL CALL 111 Lill I INDEX 4. That the doors to the installation bays in the front and rear buildings shall be designed in a manner so as to provide acceptable on -site circulation. The design of said doors shall be subject to the approval of the City Traffic Engineer. 5. That a minimum of 13 parking spaces shall be provided on -site except that when West Coast Highway is widened only 12 on-site parking spaces shall be required. 6. That all installation, window tinting and auto detailing activities shall be conducted within a building. The alarm systems shall not be sounded in the installation bay unless a mute device is installed in each case. That all stereo music shall be confined to the interior of the building. 12. That the applicant shall install a system of containerized landscaping along the building frontage adjacent to West Coast Highway. Said landscaping shall be subject to the approval of the Planning Department and shall be installed prior to the implementation of the use permit. 13. That one handicapped parking space shall be designated within the on -site parking area and shall be used solely for handicapped self parking. Said parking space shall be accessible to the handicapped at all times and shall be identified with a handicapped sign on a post. 14. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of building permits and the implementation of this use permit. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. -16- COMMISSIONERS October 5, 1989 MINUTES 0 `� 4\0\ CITY OF NEWPORT BEACH ROLL CALL INDEX 17. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements. 18. That a 6 foot wide sidewalk and drive apron be constructed and the existing utility box raised to grade along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transportation within 120 days of approval of the subject use permit unless otherwise approved by the Public Works Department. i # # Use Permit No. 3131 (Amended)(Public Hearing) Item No.5 Request to amend a previously approved use permit and a UP 3131A modification to the Zoning Code that permitted the installation • of various ground identification signs (cube and pylon signs) at Approved the major entrances to Newport Center. The proposed amendment involves a request to add additional raised letter signs to the existing cube and pylon signs which identify Fashion Island and the activities within the center. The proposal also includes a request to add a band of neon at the top of each cube sign. LOCATION: Parcels located at the southeasterly and southwesterly comers of San Joaquin Hills Road and Santa Cruz Drive; at the southeasterly and southwesterly comer of San Joaquin Hills Road and Santa Rosa Drive; at the southeasterly and northeasterly comers of Jamboree Road and Santa Barbara Drive; and within the center median of Newport Center Drive at East Coast Highway; in Newport Center. ZONES: O -S, A -P, and C -O -H APPLICANT: The Irvine Company, Newport Beach . OWNER: Same as applicant -17- COMMISSIONERS MINUTES October 5, 1989 ROLL CALL CITY OF NEWPORT BEACH The public hearing was opened in connection with this item, and Mr. Dave Dmohowski, representing the applicant, appeared before the Planning Commission. Mr. Dmohowski concurred with the findings and conditions in Exhibit "A ". He stated that the signs will improve the identification for Fashion Island on the arterial streets surrounding Newport Center. Mr. Dmohowski stated that the proposal is consistent with the intent of the regulations and is compatible with the .adjacent uses in the surrounding neighborhood. In response to a question posed by Commissioner Pers6n, Mr. Dmohowski replied that he had read the letter addressed to the Planning Commission from the Canyon Mesa Community Association, dated September 29, 1989, regarding their concerns with respect to the neon lights on the lights. • Mr. Noel Davies, Consultant for the Irvine Retail Company, appeared before the Planning Commission. Mr. Davies described the neon lights that will be installed on the top of the cube signs. He stated that the double- banded light is pastel to add a low level of light that will project only a few feet, . There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3131 (Amended), subject to the findings and conditions in Exhibit "A ". Commissioner Pers6n requested that the following condition be added: '"That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community." The maker of the motion agreed to include the suggested Ayes * * * * condition. Mr. Dmohowski reappeared before the Planning Absent * Commission, and concurred with said condition. Motion voted on, MOTION CARRIED. • in INDEX COMMISSIONERS October 5, 1989 MINUTES �d� , Ocn �O � \ '. CITY OF NEWPORT BEACH ROLL CALL INDEX FINDINGS: 1. That the proposed altered signs will be compatible with surrounding land uses. 2. That the proposed changes to the signs will not have any significant environmental impact. 3. That the permanent identification. signs within the O -S District are consistent with the intent of said District, inasmuch as adequate landscaping is installed in the areas surrounding the signs. 4. That the proposed modification to the Zoning Code to allow more than three signs with a combined area in excess of 100 square feet is consistent with the legislative intent of the Zoning Code inasmuch as no more than • three signs are visible from San Joaquin Hills Road or Jamboree Road. 5. The approval of Use Permit No. 3131 (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 or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That proposed additions to the cube signs shall be in substantial conformance with the approved plot plans and elevations, except as noted below. 2. That letters and /or images may be imposed on two faces of each cube only. 3. That the signs shall identify only Newport Center /Fashion Island and the type of activities present in the center. Identification of buildings or tenants occupying space within Newport • Center /Fashion Island shall not be permitted. -19- COMMISSIONERS October 5, 1989 CITY OF NEWPORT BEACH MINUTES � ROLL CALL I I I I I I I I I INDEX ■ 4. That the area of the lettering and logo permitted one face of each cube sign shall not exceed 125 square feet; the area of the lettering and logo on the pylon sign shall not exceed 82 square feet. The area shall be defined as the space enclosed by sets of parallel lines containing the wording and image imposed on the sign. 5. That the illumination of the signs shall be designed and maintained in such a manner as to minimize light spillage and glare to the adjoining streets and properties. 6. That all previously applicable conditions of approval of Use Permit No. 3131 shall remain in effect. I I I I I I I 7 This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section • 20.80.090A of the Newport Beach Municipal Code. 8. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. : s : Use Permit No. 3306 (Amended)(Public Hearing,) Request to review a previously approved use permit which permitted a change in the operational characteristics of an existing nonconforming restaurant facility located in the 'Retail and Service Commercial" area of the Cannery/Village McFadden Square Specific Plan Area so as to change the permitted live entertainment to include jazz combos with amplified music, vocals and percussion instruments, including drums. Said approval also included a modification to the Zoning Code so as to permit the use of tandem and compact parking spaces in conjunction with a full time valet parking service. The proposed amendment involves: a request to revise the on -site parking -20- Item No.6 UP3306A Cont'd to 10 -19 -89 COMMISSIONERS October 5, 1989 MINUTES � d� � �� CITY OF NEWPORT BEACH ROLL CALL INDEX design so as to delete all tandem parking spaces and thereby reduce the overall number of existing parking spaces by two; the deletion of the valet parking service; and a modification to the Zoning Code so as to allow four smaller than standard employee parking spaces and the construction of a trash enclosure, all of which encroach into the required 10 foot rear yard setback adjacent to an alley. LOCATION: Parcel 1 of Parcel Map 129 -7 -8 (Resubdivision No. 600), located at 501 30th Street, on the northeasterly comer of 30th Street and Villa Way, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANT: Joe Sperrazza, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the October 19, 1989, Planning Commission meeting so as to allow additional time to revise the on -site parking design. Motion * Motion was made and voted on to continue Use Permit No. Ayes * * * * 3306 (Amended) to the October 19, 1989, Planning Commission Absent * * meeting. MOTION CARRIED. Amendment No. 689 (Continued Public Hearing) Item No.7 Request to amend Title 20 of the Newport Beach Municipal A689 Code so as to establish mixed residential /commercial uses and (81198) retail uses as permitted uses within the "Recreational and Marine Commercial" area of the Cannery Village /McFadden Square Approved Specific Plan Area. • APPLICANT: City of Newport Beach -21- COMMISSIONERS October 5, 1989 MINUTES �o 4\\A '\ CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was opened in connection with this item. No one appeared before the Planning Commission to testify on the subject item. The public hearing was closed. Motion * Motion was made and voted on to approve Amendment No. 689, Ayes * * * * Resolution No. 1198, recommending to the City Council the Absent * * adoption of an Ordinance to implement the mixed use and retail provisions of the General Plan as related to the Cannery Village /McFadden Square Specific Area Plan. MOTION CARRIED. A. Site Plan Review No. 52 (Continued Public Hearing) Item No.8 Request to permit the construction of a mixed use SPR 52 residential /commercial development which includes two buildings is containing 35 residential condominium units and 22,500 sq.ft. of commercial floor area on property located in the "Recreational UP3361 and Marine Commercial' area of the Cannery Village /McFadden TS59 Square Specific Plan Area; and the acceptance of an environmental document. TTM14025 AND CRDP 18 Approved B. Use Permit No. 3361 (Continued Public Hearing) Request to permit the construction of a mixed use residential /commercial development which exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District, which includes general commercial and office uses in conjunction with incentive uses, and which has a commercial floor area ratio less than 0.25, on property located in the "Recreational and Marine Commercial' area of the Cannery Village /McFadden Square Specific Plan Area. AND C. Traffic Study No. 59 (Continued Public Hearing) Request to approve a traffic study so as to permit the • construction of a mixed use residential /commercial development -22- COMMISSIONERS October 5, 1989 MINUTES � o 0�\\ONk\ CITY OF NEWPORT BEACH ROLL CALL INDEX containing 35 residential units and 22,500 square feet of commercial development. AND D. Tentative Tract Man No. 14025 (Continued Public Hearing) f Request to subdivide 26 existing lots into a vertical subdivision containing two lots for residential condominium purposes, one lot for commercial and marina purposes, one lot for residential parking purposes, and one lot for commercial parking purposes, in conjunction with the construction of a mixed residential /commercial development containing 35 residential condominium units and 22,500 sq.ft. of commercial development, on property located in the "Recreational and Marine Commercial" area of the Cannery Village /McFadden Square Specific Plan Area. • AND E. Coastal Residential Development Permit No. 18 (Continued Discussion) Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 35 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low -and- Moderate - Income Housing within the Coastal Zone. LOCATION: Lots 1 -12 of Block 324, Lancaster's Addition, Newport Beach, and Lots 1 -14 of Block 224, Section A, Newport Beach, located at 2602 - 2620 Newport Boulevard, on the southeasterly corner of 28th Street and Newport Boulevard, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: N/R Marina Partners, Newport Beach • -23- COMMISSIONERS October 5, 1989 MINUTES �O �� r O CITY OF NEWPORT BEACH ROLL CALL INDEX OWNER: Same as applicant ENGINEER: K W. Lawler and Associates, Inc., Tustin James Hewicker, Planning Director, recommended that a condition be added to each of the subject items stating that the application shall not become effective until City Council adopts Amendment No. 689, to establish mixed residential /commercial uses and retail uses within the Cannery Village /McFadden Square Specific Plan Area. The public hearing was opened in connection with this item. Mr. John Newcomb, applicant, appeared before the Planning Commission. Mr. Newcomb concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. • Commissioner Pers6n addressed the community's approval of a project of this magnitude and the effort made by the applicants. Motion * Motion was made to approve Site Plan Review No. 52, Use Permit No. 3361, Traffic Study No. 59, Tentative Tract Map No. 14025, and Coastal Residential Development Permit No. 18, subject to the findings and conditions in Exhibit "A ", including an additional condition to each of the foregoing application stating that: prior to implementation. of these applications, stating that the City Council shall approve Amendment No. 689. Commissioner Di Sano complimented the project and the project's community support. Ayes Absent * * The foregoing motion was voted on, MOTION CARRIED. A. Environmental Impact Report No. 144 Findines: 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA • Guidelines and City Policy. _24_ COMMISSIONERS --A-, _ _ _ , _ _ _ October 5; 1989 ROLL CALL CITY OF NEWPORT BEACH 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance in all areas except short term noise impacts. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. • Mitigation Measures: 1. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. 2. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize the impacts of haul operations. 3. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department prior to the issuance of the grading permit. A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 4. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the 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 shall be furnished to the Building Department prior . to the issuance of building permits. -25 MINUTES INDEX COMMISSIONERS October 5, 1989 MINUTES � o Po �� � CITY OF NEWPORT BEACH ROLL CALL INDEX 5. Recommendations included in the 1989 South Coast Geologic Services' Geotechnical Report and the subsequent study required in mitigation measure no. 6 shall be incorporated into project design where appropriate. The Building Department shall verify the application of the appropriate recommendations prior to the issuance of grading permits. 6. A supplemental subsurface investigation shall be performed subsequent to demolition of the existing buildings to obtain subsurface data in those areas inaccessible during previous studies. 7. The groundwater level shall be lowered to a depth at least five feet beneath the excavation bottom. The dewatering system shall be designed and performed by qualified engineers with previous experience in this type of construction. Selection of the engineer shall be approved by the City Engineer prior to the issuance of grading permits. 8. The upper ten feet of soil material shall be removed. Remaining soil to a distance at least five feet below and beyond the proposed structure shall be densified as described in the Geotechnical Report as verified or amended by subsequent subsurface investigation. 9. A detailed preconstruction survey shall be prepared to document the present condition of all building and facilities within the zone of influence of the dewatered investigation. Photographs, crack surveys, and installation of a reference benchmark beyond the zone of influence shall be included in the preconstruction survey. Areas within at least 30 feet of the proposed excavation shall be monitored for any settlement and lateral movements due to possible deflection of the shoring system. Groundwater observation wells within the zone of influence shall be installed. The specific parameters of the study shall be provided to the City Engineer for review prior to issuance of the grading permit. • -26- COMMISSIONERS October 5, 1989 ROLL CALL CITY OF NEWPORT BEACH 10. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the public street system, utilities or other public property that might be damaged during the dewatering excavation process and the construction of subterranean improvements. 11. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and provide a policy of insurance guaranteeing the repair of all damage to private property caused by the dewatering excavation process and the construction of subterranean improvements. 12. Prior to the issuance of grading permits, a National 40 Pollution Discharge Elimination System (NPDES) Permit shall be obtained from the Santa Ana Regional Water Quality Control Board. Water extracted from dewatering wells shall meet current Environmental Protection Agency requirements prior to discharging into the Bay. If necessary, the water shall be desilted prior to discharge. 13. Light construction equipment shall be used for earthwork operations. No heavy equipment shall be used. 14. Existing on -site drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 15. A landscape plan, prepared by a licensed landscape architect, shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation Department and approved by the Planning and -27- MINUTES INDEX COMMISSIONERS October 5, 1989 MINUTES O �' CITY OF NEWPORT BEACH is ROLL CALL INDEX Public Works Departments. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 16. Landscaped areas shall be irrigated with a system designed to avoid surface run -off and over - watering. 17. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 18. Suspended solids (e.g. sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the Public Works Department and the Grading Engineer. . 19. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. 20. Drainage facilities and architectural features shall be designed to prevent runoff from entering the garage structure, keep the garage floor slab dry from seepage, and remove oil and grease from runoff prior to discharge into the public storm drains. Verification of these design features shall be made by the City Engineer prior to the issuance of building permits. 21. Six (6) inches shall be added to the bulkhead cap to bring it to an elevation of nine feet above mean low water as required by the Cannery Village /McFadden Square Specific Plan. 22. Prior to demolition of existing structures, a complete plan for litter and debris control for the demolition, grading, and construction phases to ensure that no debris is permitted to enter Newport Harbor shall be approved by the Planning and Marine Departments. -28- COMMISSIONERS MINUTES �A October 5, 1989 EE++ r- dry 0 o�� CITY OF NEWPORT BEACH ROLL CALL INDEX 23. If the applicant intends to use an ocean disposal site for excavated materials, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits from the Army Corps of Engineers and the City of Newport Beach have been obtained. Such evidence shall be submitted to and verified by the Public Works Department prior to the issuance of a grading permit. 24. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 25. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 26. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 27. Street signs, tables, benches, planters, and other similar features on -site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works, and Parks, Beaches and Recreation Departments prior to the issuance of an occupancy permit. 28. Existing overhead utilities on the project side of Newport Boulevard, 26th Street and 28th Street shall be put underground to the satisfaction of the Public Works Department. 29. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements. 30. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be • reviewed and approved by the Public Works Department -29- COMMISSIONERS October 5, 1989 MINUTES o CITY OF NEWPORT BEACH ROLL CALL INDEX prior to the issuance of demolition, grading or building permits. 31. No construction storage or delivery of materials shall be allowed within the Newport Boulevard right -of -way. 32. Prior to the issuance of grading permits, a parking plan showing how workers will be able to park without using on- street parking must be submitted and approved by the Public Works Department. 33. No earthwork hauling operations, major concrete placement and other construction operations requiring more that 32 trips per day or 4 trips per hour by trucks with more than three axles may be scheduled to occur between June 1 and September 15, and one week before or after Easter, unless otherwise approved by the Public Works Department. 34. Construction staging, materials storage, and worker parking shall be provided on the adjacent site owned by the applicant which is located on the northwest comer of 28th Street and Newport Boulevard. 35. Construction activities will be conducted in accordance with the Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 am. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. 36. The applicant shall apply for a waiver of City noise abatement regulations to allow for dewatering and pouring of the basement slab. The continuous concrete pour shall be scheduled on a non - summer weekend outside of the peak traffic period. 37. Any mechanical equipment and emergency power generator shall be screened from view, and noise associated with said facilities shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter • shall be based upon the recommendations of a registered -30- COMMISSIONERS October 5, 1989 MINUTES Olt-\ CITY OF NEWPORT BEACH ROLL CALL INDEX engineer practicing in acoustics and approved by the Building Department. 38. At the time the City removes the requested waiver of City noise abatement regulation to allow for dewatering and pouring of the basement slab, the City Engineer shall determine if it is necessary to require barriers or baffles to reduce noise from construction equipment so as not to exceed 55 dBA at the property lines. If required, the developer shall install such measures prior to beginning any activities for which a waiver was not granted. 39. All exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL contour shall be constructed with 6 foot high noise barriers. The noise barriers shall be continuous (no openings or gaps) and have a minimum density of 3.5 pounds per square foot. The walls may be stud walls with cement plaster exterior, K inch plate glass, • 5/8 inch plexiglass, any masonry material, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 40. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a building permit, a registered engineer practicing in acoustics shall review final architectural plans to determine what building upgrades will be necessary to achieve this standard. The Building Department shall require that such upgrades be incorporated into the plans prior to the issuance of the building permit. Most likely the only building upgrade that will be required is higher rate windows such as 3/16 inch single pane glass for all windows that are exposed to Newport Boulevard. 41. All units that have a window exposed to Newport Boulevard shall be required to install mechanical ventilation. Air conditioning is an acceptable substitute for mechanical ventilation as long as it meets Uniform Building Code requirements. -31- COMMISSIONERS October 5, 1989 MINUTES � a X04\ CITY OF NEWPORT BEACH ROLL CALL INDEX 42. Prior to the issuance of the occupancy permit, the Building Department shall require that an acoustical analysis be conducted by a registered engineer practicing in acoustics (at the developer's expense). This analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the worst case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. 43. Pouring of the basement slab shall be scheduled to encompass only one nighttime period. The schedule for any continuous concrete pour shall be reviewed and approved by the City Engineer. 44. Electric pump motors shall be required for dewatering equipment to reduce noise levels. 45. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be implemented during demolition, excavation and construction. This program shall include such measures as: containing soil on -site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 46. A fan- assisted ventilation system shall be installed in the venting system for the subterranean garage for use in peak periods when natural ventilation is not sufficient. 47. All residential units and commercial /office uses shall be provided with central air conditioning. 48. Prior to the issuance of building permits, the Fire Department shall review the proposed plans to determine the adequacy of emergency access. The Department may require indoor fire protection features, such as overhead fire sprinklers, if it determines that such measures are • necessary to provide adequate fire protection. -32- COMMISSIONERS MINUTES October 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX 49. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 50. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using devices. This shall be verified by the Building Department prior to issuance of occupancy permits. 51. Prior to issuance of building or grading permits, a master plan of water and sewer facilities shall be prepared for the site. The applicant shall verify the adequacy of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 52. A bus turnout shall be incorporated into the project design to provide facilities at the existing bus stop on Newport Boulevard south of 28th Street. The area adjacent to the turnout shall include a paved waiting area with a bus shelter or bench. Design of the turnout and amenities shall be approved by the Planning and Public Works Departments prior to the issuance of building permits. 53. A paved, lighted, and handicapped accessible pedestrian accessway shall be provided from the project to the bus stop. B. Site Plan Review No. 52, Findings: 1. That the proposed site plan gives due regard to the aesthetic qualities of the harbor. 2. That the site does not contain arty unique landforms such as coastal bluffs. 3. That the development is compatible with the character of • the neighborhood and will contribute to the orderly and -33- COMMISSIONERS October 5, 1989 MINUTES 0 CITY OF NEWPORT BEACH ROLL CALL INDEX harmonious development of surrounding properties and the City. 4. The development is sited and designed to maximize public views through the site. 5. That there are no environmentally sensitive areas on -site. 6. The property does not contain any areas of unique geologic hazards. 7. Residential development shall .meet City noise standards. 8. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that there will be a minimum of commercial /residential conflicts. 9. The development is consistent with the General Plan, the Local Coastal Program, Land Use Plan and the Cannery Village /McFadden Square Specific Area Plan. 10. Mechanical equipment and trash enclosures are concealed from view. 11. That there are no archeological of historical resources on- site. 12. That the site is not adjacent to any residential district. Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans and elevations, except as noted below. 2. That all mitigation measures, and conditions of approval for Use Permit No 3361, Tentative Map of Tract No. 14025 and Coastal Residential Development Permit No. 18 be fulfilled. i -34- COMMISSIONERS October 5, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL III Jill I INDEX 3. That one parking space be provided for each 250 sq.ft. of commercial or office development, .75 parking space be provided for each boat slip, and 2Vh parking spaces be provided for each dwelling unit. 4. The access to the subterranean parking shall be a minimum of 26 feet clear width. 5. That upland use must accommodate needs of the marina as required by City Council Harbor Permit policies, specifically those which deal with parking, safety and sanitation. 6. The surface lot shall be redesigned to provide turn around area for all spaces within the lot. 7. The driveway shall conform to Std 110 -L for sight distance. 8. On -site parking and access for pedestrians and vehicles shall be subject to further review and approval of the City Traffic Engineer. 9. A 10 foot area of the drive with a slope not to exceed 2% shall be provided at the back of sidewalk. 10. A plan to accommodate delivery vehicles shall be reviewed and approved by the City Traffic Engineer. 11. This application shall not be deemed approved until the effective date of Amendment No. 689. C. Use Permit No, 3361, Findings: 1. That the development provides for both public physical and visual access to the bay. 2. That the increased height results in more public visual open space and views that would result from compliance • with the basic height limit, since the project design -35- COMMISSIONERS October 5, 1989 MINUTES Olt-\ N CITY OF NEWPORT BEACH ROLL CALL INDEX includes an open space plaza which is a minimum of 100 feet wide from Newport Boulevard to the Bay, and approximately 65% of the site is used for open space. 3.. The increased building height results in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment since the open space plaza integrates the project with the visual amenity of Newport Bay, and the variation of the facade minimizes the visual impact of the structures. 4. The increased building height does not result in undesirable or abrupt scale relationships between the structure and existing developments or public spaces. 5. The increased height does not result in floor area exceeding that otherwise permitted. 6. That incentive uses are provided by the development which allow the establishment of general office and commercial uses. 7. That the proposed commercial space constitutes a significant portion of the development. 8. That the proposed commercial development is large enough to accommodate viable business. 9. The approval of Use Permit No. 3361 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 compliance with the approved plot plan, floor plans and • elevations. -36- COMMISSIONERS October 5, 1989 �_. MINUTES 0 0 CITY OF NEWPORT BEACH ROLL CALL 111 1111 1 1 INDEX 2. That the characteristics of the open space plaza be maintained, including the 120 foot dimension on Newport Boulevard, the minimum 100 foot clear width at ground level, and the minimum 50 foot clear width at the second and third levels. 3. That any fences or protective rails required for parking structure stairwells within the open space plaza be visually open. 4. That the building shall be no higher than 35 feet, subject to the provisions of the Cannery Village /McFadden Square Specific Plan in regards to the ground floor elevation and in accordance with the definitions contained in Section 20.87.205 of the Newport Beach Municipal Code. . 5. That incentive uses shall be provided if general commercial or office uses are provided on site. The split between incentive uses and uses which can be developed only upon the provision of incentive uses is 40% incentive use and 60% use which requires incentive. Prior to the issuance of any grading or building permits for the project, the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, agreeing to the provision "of required incentive uses. b. Should the final design of the project result in the loss of on -site parking, the commercial component of the project may be reduced, but may not be less than 20,000 sq.ft. 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. That this Use Permit shall expire unless exercised within 0 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -37- COMMISSIONERS October 5, 1989 MINUTES id �A �O� CITY OF NEWPORT BEACH ROLL CALL INDEX 9. That a Coastal Development Permit be issued prior to the issuance of a building permit. 10. This application shall not be deemed approved until the effective date of Amendment No. 689. D. Traffic Study No. 59. Fin 'n 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S -1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary- modified, or primary street. E. Tentative Map of Tract No. 14025. Findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That Section 13.05.010 of the Newport Beach Municipal Code requires that public improvements be completed in commercial areas prior to the issuance of building permits for a new structure. 4. That the traffic congestion during the summer months (June 1 through September 15) and during Easter Vacation (one week before and one week after Easter) is . significant and any major truck haul operation during this -38- COMMISSIONERS October 5, 1989 MINUTES .0 0 �OV- � CITY OF NEWPORT BEACH ROLL CALL INDEX time would further congest the traffic to an unacceptable level. 5. That this area has significant pedestrian traffic and sidewalks need to remain open during construction operations. 6. That the development is on a bus route and that it should encourage bus use by providing convenient access to a bus stop for its residents and patrons. 7. That the proposed project is consistent with the Newport Beach General Plan and the Local Coastal Program, Land Use Plan. 8. 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 design of the subdivision. 9. That the proposed subdivision presents no problems from a planning standpoint. Conditions: 1. That a final map be recorded. That the final map be prepared so that the hearings relate to the State Plane Coordinate System and that elevations of all lots be shown along with the bench mark datum. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. • 4. That each floor of each building of the subject development shall be served with separated sewer laterals -39- COMMISSIONERS October 5, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX unless otherwise approved by the Public Works Department. The commercial and residential portions of the development shall be served with separated sewer laterals and water services. S. That the on -site parking (both subterranean and surface parking), vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. That the parking structure have a minimum entrance elevation of 9.00 MLLW (6.27 MSL) at all entrances to prevent flooding from high tides. 6. That the intersection of the private drives and streets be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls, structures and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not • exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 7. That a 20 foot radius comer cutoff at the comer of 28th Street and Newport Boulevard and 15 foot radius comer cutoffs at the comer of Newport Boulevard and 26th Street and at the comer of 28th Street and Lafayette Avenue be dedicated to the public. 8. That curb, gutter and full width sidewalk be reconstructed along the Newport Boulevard frontage; that any deteriorated sidewalk or curb and gutter that does not drain be reconstructed along the 26th Street frontage; that the curb returns at the intersection of 26th Street & Newport Boulevard and the intersection of 28th Street & Lafayette Avenue be reconstructed to a 20 foot radius including curb access ramps per City Standard 181 4, the power pole and catch basin on the comer of Newport Boulevard and 26th Street will require relocation; that the unused drive aprons be removed and replaced with curb, gutter and sidewalk along the 28th Street, Newport Boulevard and 26th Street frontages; that the depressed • section of sidewalk on 28th Street adjacent to the bulkhead be reconstructed; that new street lights be 40- COMMISSIONERS MINUTES October 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX constructed per current city standards along the 28th Street, 26th Street, Newport Boulevard and bay frontages; that the existing 16 inch water main crossing the property be reconstructed in the adjacent streets to the satisfaction of the Utilities Department prior to issuance to any grading permits; that the existing sewer running through the subject property be abandoned and removed or filled with slurry; and that all street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 9. That the existing utility easement crossing the existing property be abandoned after removal of utilities. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording • of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the .recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). That the existing bulkhead tiebacks be maintained until an approved alternate is in place or other provisions made to insure the integrity of the bulkhead. 12. That County Sanitation District fees be paid prior to issuance of any building permits. 13. That the Public Works Department plan check and inspection fee be paid. • -41- COMMISSIONERS October 5, 1989 MINUTES o o CITY OF NEWPORT BEACH ROLL CALL INDEX 14. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 15. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall be allowed within the Newport Boulevard right -of -way. Prior to issuance of any grading permits, a parking plan showing how workers will be able to park without using on- street parking must be submitted and approved by the Public Works Department. 16. That a 10 foot wide easement be granted to the city along the bay frontage so as to provide unobstructed public access across the entire project between 26th Street and 28th Street. Said easement shall be improved with lighting and a concrete sidewalk or other materials meeting the approval of the Public Works Department. Grate type drainage inlets will not be acceptable within the easement area without prior approval of the Subdivision Engineer. . 17. That easements or agreements be provided for construction and maintenance of utilities where water, sewer and other utilities encroach into other lots, ie: between Lots 2 and 3 where the floor surface for lot 3 is the proposed lot line, room for sewer lines to serve Lot 3 does not appear to be provided. 18. That a bus bay and shelter or bench be provided on the Newport Boulevard frontage with the location to be determined by the OCTD and the Public Works Department. The shelter is to be outside the sidewalk area. An easement is to be provided to cover the • additional area needed for the bus bay and sidewalk. -42- COMMISSIONERS October 5, 1989 ROLL CALL CITY OF NEWPORT BEACH 19. That no earthwork hauling operations, major concrete placement and other construction operations requiring more than 32 trips per day or 4 trips per hour by trucks with more than 3 axles be scheduled to occur between June 1 and September 15, and one week before and after Easter, unless otherwise approved by the Public Works Department. 20. That underground building construction be setback from the sidewalk a sufficient distance to allow the sidewalk to remain in service during construction unless otherwise approved by the Public Works Department. That no tie backs or foundations be constructed in the public right - of -way. I I I I I I 121. That the overhead lines along Newport Boulevard and 28th Street be placed underground to allow the westerly I I I 2 poles on Newport Boulevard and the 3 poles on 28th Street to be removed. Guy poles are excepted from this condition. 22. That an agreement for maintenance of non - standard improvements be executed by the developer if special textured sidewalk or other non - standard improvements are proposed to be constructed within the public right -of -way around the development. The design of all non - standard improvements must be approved of the Public Works Department. 23. This application shall not be deemed approved until the effective date of Amendment No. 689. F. Coastal Residential Development Permit No. 18. Finding: 1. That the proposed development has met the requirements of City Council Policy P -1. Conditions: • 11111111 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, -43- MINUTES INDEX COMMISSIONERS October 5, 1989 MINUTES `o rA dd 0 \ CITY OF NEWPORT BEACH ROLL CALL INDEK the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of four affordable dwelling units on -site or off - site within the City. The affordable housing agreement shall be recorded as deed restriction against the property. 2. The affordable units provided shall be affordable to moderate income families if the units are for sale or to low income families at fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The term of affordability shall be thirty years. 4. If it is proposed to provide the affordable housing units off -site within the City, the affordable housing agreement • shall include provisions regarding the timing of the affordable units in relation to the occupancy of this project and performance bonding or other measures to assure the provision of the units within three years of the occupancy of this project as required by State law. 5. This application shall not be deemed approved until the effective date of Amendment No. 689. A. Traffic Study No. 55 (Revised)(Public Hearing) Item No.9 Request to approve a Traffic Study so as to permit the Ts55 establishment of a restaurant with on -sale beverages, live UP3360 entertainment and dancing, outdoor dining and valet parking. AND Approved B. Use Permit No. 3360 (Public Hearing) Request to permit the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and dancing, outdoor dining and valet parking. The restaurant operation will include nighttime only French /Continental Dining on the first floor and -44- COMMISSIONERS MINUTES October 5, 1989 0 `¢0 \ 4b '\ \� CITY OF NEWPORT BEACH ROLL CALL INDEX a day and night Seafood Bar and Cocktail Lounge on the second floor of the Lancers Landing Building located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan. The request to establish the subject restaurant also represents a conversion of a portion of the building from a Base FAR use to a Reduced FAR which also requires the approval of a Use Permit. LOCATION: Parcel 1 of Parcel Map 184 -38 (Resubdivision No. 688) located at 3101 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANTS: Michael F. Harrah and Gaylord Wagner, Costa Mesa OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King & Associates, representing the applicant, appeared before the Planning Commission. Mr. King stated that the request for outdoor dining has been deleted, and the request for valet parking will be submitted with a circulation plan at a later date. Mr. King stated that the Traffic Study is the fourth study submitted on the project because of the change of use. Mr. King requested clarification of the following concerns that have been expressed by the community: the establishment of handicap and employee on -site parking and how the calculation was made for employee parking; the restaurants' hours of operation; and the traffic study. In reference to Condition No. 11 which states "That the hours of operation of the Ambrosia Cove Restaurant shall be limited to 10:00 a.m. to 2:00 a.m. daily. The hours of operation of the Ambrosia Restaurant shall be limited to 6:00 p.m. to 2:00 a.m. daily. ", Mr. King explained that the Ambrosia Cove Restaurant -45- COMMISSIONERS October 5, 1989 MINUTES rd o �0�� ��� CITY OF NEWPORT BEACH ROLL CALL INDEX will be closed between 2:00 p.m. and 5:00 p.m. for dinner preparation and the Ambrosia Restaurant will open at 6:00 p.m. James Hewicker, Planning Director, explained that the condition was recommended by staff so the applicant would not have to come back to amend the use permit if the Ambrosia Cove's Restaurant's hours of operation extended into the afternoon. Mr. King concurred with the findings and conditions in Exhibit Wo. In reference to Mr. King's request for a clarification of Condition No. 6 which states "That all restaurant employees shall park their vehicles on- site. ", Commissioner Pers6n explained that the restaurant's staff should park on -site, and he suggested that the condition be amended to state that the employees shall not be charged for parking on -site. Commissioner Pers6n emphasized that the property owner needs to be notified of said • condition. In response to a question posed by Commissioner Pers6n, Mr. King replied that there is not a parking attendant or valet on the premises, and he is not aware of any charge for parking. Commissioner Pers6n emphasized that if the employees do not park on -site for free that he will recommend that the use permit be called up for revocation. Mr. Michael Harrah, applicant, appeared before the Planning Commission. Mr. Harrah explained that the lease agreement states that the restaurants are permitted 150 parking spaces between 6:00 p.m. and 2:00 a.m. without charge; therefore, there would be free parking to all of the employees. In response to a question posed by Commissioner Pers6n, W. Harrah explained that the restaurant is allowed 40 parking spaces during the day, that 35 parking spaces will be distributed for the restaurant's customers and 5 parking spaces for employees. Mr. King, Commissioner Pers6n, and Mr. Hewicker discussed the calculations that factor in the requirement for employee parking. Commissioner Pers6n explained that employees are factored in every restaurant's required parking. In response to a question posed by Commissioner Pers6n, Mr. King replied that members of the Newport Height's Community Association had stated their concerns regarding the parking calculations. -46- COMMISSIONERS October 5, 1989 MINUTES A O� CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Commissioner Glover regarding the aforementioned Condition No. 11, Mr. Hewicker explained that the Ambrosia Cove Restaurant may remain open between 2:00 p.m. and 5:00 p.m. without amending the use permit. Mr. King explained that the Newport Heights Community Association found an inconsistency between the letter that was submitted by the applicant and the traffic study. Mr. King stated that the applicant does not object to Condition No. 11 as written by staff. Dr. Jan Vandersloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. Vandersloot stated that he was the individual who had expressed the foregoing concerns and that he did not represent himself as the Newport Heights Community Association. Dr. Vandersloot stated that he does not oppose the restaurant; however, he has concerns regarding the parking and hours of operation. He asked if the number of parking spaces in the "net public area" includes employee and customer parking. Mr. Hewicker replied affirmatively. Dr. Vandersloot stated that the traffic study is based on the hours of operation submitted by the applicant and not the restaurant being open all day. He commented that the traffic was analyzed between the hour of 5:00 p.m. and 6:00 p.m. only. In response to Dr. Vandersloot's question regarding the median barrier on West Coast Highway, Don Webb, City Engineer, explained that the barrier will allow left turns into Newport Imports and Lancer's Landing. Mr. Webb commented that in the future there may be a restriction necessary for left turns out of the Ambrosia Restaurant; however, he said that if the restriction would be implemented it would not trip the 1 percent on any of the intersections that are involved. Dr. Vandersloot commented that the traffic studies in the future will be including traffic generated by the project, and if the numbers are not included in the traffic study, then the future traffic studies would be deficient because the studies will not show the numbers. Dr. Vandersloot stated that the applicants requested that the restaurant's hours of operation shall be until 1:00 a.m. and not 2:00 a.m., and that given the problems in the area, why not maintain the hours of operation that the applicant has requested. • Mr. Webb explained that the traffic study recognizes the -47- COMMISSIONERS October 5, 1989 MINUTES .o d 0 11 1 ��� db � O CITY OF NEWPORT BEACH ROLL CALL INDEX Ambrosia Cove Restaurant, which has 1,700 square feet, as being open during the peak hour and the hour; of operation would not be inconsistent if 1,700 square feet is approved. Dr. Vandersloot addressed Condition No. 11, and he explained that the Ambrosia Restaurant may lend itself if the restaurant is open prior to 6:00 p.m. Commissioner Pers6n explained that the condition requires the restaurant to open at 6:00 p.m. only and the applicant would be required to amend the use permit if the hours of operation would change. In response to a request for clarification by Commissioner Pers6n, Mr. Webb explained that the project is shown as a committed project up until the property is fully occupied, then it is figured that the trips are on the road and they are automatically taken into consideration each time the intersection is counted. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Traffic Study No. 55 (Revised) and Use Permit No. 3360, subject to the findings and conditions in Exhibit "A ". Commissioner Di Sano modified Condition No. 6 to further state that "..and employees of that restaurant shall not be charged for parking. ". In response to a clarification posed by Commissioner Edwards, the maker of the motion indicated that Condition No. 11 would remain as recommended by staff. Commissioner Pers6n requested that the property owner be on notice of Condition No. 6 on the basis that if the subject restaurant does not succeed, and another restaurant would operate on the premises, that the property owner would be advised of the conditions of approval. Commissioner Pers6n requested that the Planning Department send out by certified mail, return receipt requested, a list of conditions to the property owner. Commissioner Di Sano and Commissioner Pers6n discussed the policy that the use permit goes with the property, and future restaurant operators would be required to abide by the conditions of approval. Commissioner Pers6n stated that he supports the recordation of conditions of approval by the • applicant against the property. -48- COMMISSIONERS MINUTES � d October 5, 1989 d� E1 a 1- CITY OF NEWPORT BEACH ROLL CALL J tj I I I INDEX Ayes * Motion was voted on to approve Traffic Study No. 55 (Revised) Absent * and Use Permit No. 3360, subject to the findings and conditions in Exhibit "A ", including revised Condition No. 6. MOTION CARRIED. A. Traffic Study No. 55 (Revised): Approve the Traffic Study, making the findings listed below: Findines: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S -1. 2. That the Traffic Study indicates that the project- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street. B. Use Permit No. 3360: Approve the use permit, making the following findings and with the following conditions: Findings: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That adequate parking exists to serve the subject restaurant. 4. The waiver of development standards as they pertain to walls and landscaping will not be • detrimental to the adjoining properties. -49- COMMISSIONERS October 5, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 5. That the property is physically suitable for the operation of a valet parking service. 6. That the design of the project or proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 7. It has been demonstrated that the peak hour traffic to be generated by the proposed restaurant will not exceed that generated by the existing uses in the development, as determined in accordance with City Council Policy S -1. 8. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed, per City Council Policy S -1. 9. The structure on the site was constructed prior to October 25, 1988, consistent with the policies and ordinances in effect at the time of construction. 10. The restaurants and other building tenants will be restricted to the uses and operational characteristics upon which the traffic equivalency was based. Relevant operational characteristics include, but are not limited to, hours of operation of on -site businesses, provision of valet parking, off -site parking, and net public area of restaurants. 11. The proposed restaurant uses and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 12. The proposed uses are compatible with the surrounding area. 13. That the Police Department has indicated that they have no objections to the proposed restaurant -50- COMMISSIONERS October 5, 1989 MINUTES ,o Po y. �� A ' `�� CITY OF NEWPORT BEACH ROLL CALL INDEX operation. 14. The approval of Use Permit No. 3360 under the circumstances of this case will not 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 subject project shall be in substantial conformance with the approved plot plan and floor plans. . 2. That all mechanical equipment and trash areas shall be screened from view. 3. That kitchen exhaust fans shall be designed to control odor and smoke to the satisfaction of the Building Department. 4. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 5. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 6. That all restaurant employees shall park their vehicles on -site, and employees of that restaurant shall not be charged for parking. i -51- COMMISSIONERS MINUTES � October 5, 1989 �O & '\\No CITY OF NEWPORT BEACH ROLL CALL INDEX 7. That a minimum of 35 daytime parking spaces and 147 nighttime parking spaces shall be provided for the restaurant uses on the site. 8. That the on -site vehicular, pedestrian circulation system shall be subject to further review by the Public Works Department and the City Traffic Engineer. The applicant shall submit a valet operation plan which is to be reviewed and approved by the City Traffic Engineer prior to the opening of the restaurant. 9. That the valet drop -off point shall be located at the entrance of the Ambrosia Restaurant so as to allow the upper parking deck located westerly of the driveway entrance and the handicapped parking spaces on the second parking level to be used for self- parking. The valet parking service shall be • limited to the hour of 5:00 p.m. to 2:00 am. Monday through Friday and 10:00 am. to 2:00 am. on Saturday and Sunday. 10. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for hand- icapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 11. That the hours of operation of the Ambrosia Cove Restaurant shall be limited to 10:00 a.m. to 2:00 a.m. daily. The hours of operation of the Ambrosia Restaurant shall be limited to 6:00 p.m. to 2:00 a.m. daily. 12. That a trash compactor shall be installed in the restaurant facilities. 13. That live entertainment shall be limited to a light trio, duo or single instrumentalist or vocalists within • Ambrosia Cove and a single piano player in the Ambrosia Restaurant. live entertainment and -52- COMMISSIONERS MINUTES ,� � o� October 5, 1989 o. A CITY OF NEWPORT BEACH ROLL CALL INDEX dancing in Ambrosia Cove shall be limited to the hours of 8:00 p.m. to 1:00 a.m. Said live entertainment shall be located within the building and all windows and doors within the restaurant shall remain closed during performances. 14. That the service of alcoholic beverages shall be incidental to the primary food service operation. 15. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code unless a sign exception is approved. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. 17. That no building permits be issued for the subject development until the City Fire Service Connection for Lancers Landing is installed to City Standards as approved by the utilities Department, and that an appropriate easement for the fire service is conveyed to the City. 18. That the development standards pertaining to walls and landscaping are hereby waived. 19. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. 20. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 21. That no outdoor dining shall be permitted unless an amendment to this use permit is approved by the Planning Commission. • -53- COMMISSIONERS MINUTES October 5, 1989 ■\ \ \ \ \ \ \\ CITY OF NEWPORT BEACH ROLLCALL111 1111 1 F INDEX 22. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of any building permits or opening of the restaurant. 23. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 24. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. [IM1111111� The Planning Commission recessed at 9:10 p.m. and reconvened at 9:20 p.m. Use Permit No. 3362 (Public Hearine) Request to permit the installation of a temporary modular office building within an existing parldng area on property located in the C -1 District. LOCATION: Parcel 1, of Parcel Map 66 -20 (Resubdivision No. 438) located at 401 North Newport Boulevard, on the northwesterly corner of North Newport Boulevard and Hospital Road, in the Old Newport Boulevard Specific Plan Area. ZONE: C -1 0 11111111 APPLICANT: Newport Harbor - Costa Mesa Board of Realtors, Newport Beach -54- Item No.101 UP3362 Cont'd to 10-19-89, COMMISSIONERS October 5, 1989 MINUTES Olt\ CITY OF NEWPORT BEACH ROLL CALL INDEX OWNER: Same as applicant Acting Chairman Debay stepped down from the dais because of a possible conflict of interest. Motion * Motion was made and voted on to request that Commissioner Ayes * * * * Person preside as chairman of the subject item. MOTION Absent * * * CARRIED. The public hearing was opened in connection with this item, and Mr. Bill Edwards, architect, appeared before the Planning Commission on behalf of the applicant. Discussion ensued between Mr. Edwards and Acting Chairman Person with respect to Mr. Edwards' request for a continuance based on the absence of three Planning Commissioners and also to allow the applicants additional time to respond to neighbors' concerns. It was • determined to open the public hearing inasmuch as interested residents attended the Planning Commission meeting so as to testify at the hearing. Mr. Edwards reviewed the use permit application. He explained that the purpose of the use permit is to provide a temporary service area for the membership of the Board of Realtors. Mr. Edwards stated that 6 parking spaces will be provided in excess of the required number of parking spaces plus one handicapped parking space. He commented that the landscaping will screen a substantial portion of the modular building, and he submitted copies of photographs indicating what portions of the proposed modular unit would be visible. Mr. Edwards described the exterior design of the modular unit, and he stated that the materials would blend with the existing building. In response to numerous questions posed by Commissioner Edwards, Mr. Edwards replied that the existing structure is owned by the Board of Realtors, that the proposed duration of the temporary modular unit is three years, that there is no intent to add additional landscaping, and the handicapped parking space is required. Mr. Tex Griffith, President of the Newport Harbor - Costa Mesa Board of Realtors, appeared before the Planning Commission. -55- COMMISSIONERS October 5, 1989 MINUTES ,o 4\0\ 0 o CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Griffith described the membership and activities of the Board of Realtors, and he concluded that the realtors do not want to do anything detrimental that would diminish the property values of homeowners, and especially their neighbors. Mr. Griffith stated that the purpose of the Member Service Center is to provide additional space so as to enable the Board's membership to better serve the homeowners. Mr. Griffith stated that the temporary modular unit has been requested for three years because the intent is to expand the operation at another site. Acting Chairman Person commented that the Commission has experienced from previous applications that temporary modular units have not always been temporary. Acting Chairman Person stated that the letter from Anglers Center, Robert E. Ellsworth, dated October 5, 1989, addressed to the Planning Commission, included pictures taken during a function at the Board of . Realtors this date depicting a full parking lot and overflow parking on the street and in areas where no parking spaces are provided. Acting Chairman Person asked how the Board of Realtors could justify removing parking spaces for the installation of a modular unit when during the month the membership fully occupies the parking lot. Mr. Griffith replied that the membership has breakfast meetings twice a month from 7:30 a.m. to 9:30 a.m., and after the breakfast the parking lot is vacated. Mr. Dwight Dickey, Executive Officer of the Board of Realtors, explained that the breakfast meeting at the site this date, included the public in addition to the membership inasmuch as it was a special program provided by The Irvine Company. Mr. Dickey stated that the Board of Realtors has an agreement with Le Biarritz Restaurant that would allow the membership to use their parking spaces, if necessary. In response to a question posed by Commissioner Edwards, Mr. Dickey replied that the restaurant could provide an additional 40 parking spaces. In response to questions posed by Commissioner Glover, Mr. Griffith replied that the Membership Service Center provides a service that allows the members to purchase necessary supplies, • and he said that less than 1 percent of the public uses the facility. Mr. Dickey replied that the modular unit would not -56- COMMISSIONERS October 5, 1989 MINUTES .o d CITY OF NEWPORT BEACH ROLL CALL INDEX not have an impact on traffic. Mr. Dickey explained that the three year request allows the Board time to locate and develop a site. In .response to a question posed by Commissioner Edwards, Mr. Griffith replied that the only ingress and egress to the site is off of Old Newport Boulevard. Commissioner Di Sano stated that he has a concern regarding the request for a temporary building for three years, and that the Board of Realtors would become involved with temporary housing. Ms. Betty Grubb Rhea, past President of the Board of Realtors, appeared before the Planning Commission. Ms. Rhea stated that the Board has been actively searching for a site based on the need for a larger facility. • Ms. Janine Gault, President of the Newport Heights Community Association, appeared before the Planning Commission. Mrs. Gault referred to the petition that Jane McGiffin, 340 No. Newport Boulevard, submitted to the Planning Commission regarding the project. Ms. Gault stated that it is the Association's opinion that the subject site is not appropriate for a temporary building, and there is available office space adjacent to the subject site that could be used on a temporary basis. Ms. Gault maintained that the temporary modular unit could be precedent setting. She commented that it is difficult to understand why it would take the Board three years to locate another location. In response to a question posed by Commissioner Edwards, Ms. Gault stated that the Association's opposition to the temporary building is based on Findings No. 1 (..that the structure is out of keeping with the style and quality of commercial development..) and No. 3 (..that the building would be detrimental ..to property and improvements in the neighborhood..), Exhibit "B" for denial. Ms. Lou Anne Baker, 413 Hohnwood Drive, appeared before the Planning Commission. She objected that the applicants have requested the temporary building for three years; however, she • commented that she would not object to one year, without an -57- COMMISSIONERS October 5, 1989 MINUTES � d o � �n p0 y. �� N CITY OF NEWPORT BEACH ROLL CALL INDEX commented that she would not object to one year, without an extension. Mrs. Baker commented that the temporary facility could be precedent setting. She maintained that if the service center becomes very successful, the 6 additional parking spaces would only be adequate. Mr. Dickey reappeared before the Planning Commission. Mr. Dickey stated that an important factor not to be overlooked is the good will and the effort that the Board of Realtors has made in the community for many years. He commented that the structure is only for temporary use inasmuch as the Board is actively pursuing another location. Mr. Dickey stated that the Board invested $12,000.00 to improve the landscaping in the surrounding area. Mr. Dickey emphasized that the primary purpose of the service center is to serve the Board of Realtor's membership, and that it is a misconception that the facility would be a store for the public and would create additional • traffic. Acting Chairman Person acknowledged the good will and the effort made by the Board of Realtors in the community; however, he said that the Planning Commission must make good planning decisions and for the members to park in private parking areas is not a good situation. Mr. Edwards reappeared before the Planning Commission. He stated that the Board would be willing to make reasonable compromises such as landscaping, the length of the term that the temporary structure would be on the site, and the occasional Motion overflow of parking. Acting Chairman Person made a motion to a continue Use Permit No. 3362 to October 19, 1989, to allow the applicants time to come up with solutions with respect to the foregoing concerns. In response to a question posed by Commissioner Glover regarding the foregoing photographs depicting the profile of the proposed structure, Mr. Edwards described and compared the top of the proposed structure to the existing building. Commissioner Glover requested that the proposed structure not be visible from the street. • -58- COMMISSIONERS October 5, 1989 MINUTES ��� .� o CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Di Sano stated that the modular building could set a precedent in the area, and he would not support a continuance. Substitute Substitute motion was made to approve Use Permit No. 3362, Motion * subject to the findings and conditions in Exhibit "A ", with the Ayes * following modifications: Finding No. 3 be revised to state that Noes * * * the proposed structure is temporary and will be located on the Absent * * x property for only 2 years, Condition No.,2 be revised to state that the use permit shall be granted for 2 years, and modify Condition No. 5 so as to provide adequate landscaping that would be planted along the south portion of the property to shield both of the buildings from Hospital Road. The public hearing was closed at this time. Discussion ensued between Commissioner Glover, Commissioner Edwards, and Mr. Hewicker regarding the feasibility of • completely hiding the two structures as requested in modified Condition No. 5. Commissioner Glover stated that she would not support the substitute motion, however, she would support a continuance with the request that the applicants come back with a revised plan. Acting Chairman Person stated that he would not support the substitute motion based on the requested length of time, if at all, and he requested additional information regarding the parking situation. Acting Chairman Person emphasized his concern that a temporary structure could set a precedent on Old Newport Boulevard. Substitute motion was voted on, MOTION DENIED. Mr. Hewicker addressed the concerns that Acting Chairman Person expressed regarding parking. Mr. Hewicker stated that there have not been any complaints regarding parking on Old Newport Boulevard, and that the Le Biarritz Restaurant and the Board of Realtors have established an agreement regarding parking. -59- COMMISSIONERS MINUTES October 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX Ayes * * * Motion was voted on to continue Use Permit No. 3362 to the No * October 19, 1989, Planning Commission meeting. MOTION Absent * * CARRIED. s s s Use Permit No. 3363 (Public Hearin) Item No.11 Request to permit the establishment of take -out restaurant UP3363 specializing in the sale of bagels, and muffins, assorted coffees and other soft drinks on property located in Commercial Area 3 Approved of the North Ford /San Diego Creek Planned Community. The proposal also includes a request to waive a portion of the required off - street parking spaces. LOCATION: Lot 6, Tract No. 12309, located at 1280 Bison Avenue, on the northwesterly comer • of Bison Avenue and MacArthur Boulevard, in the North Ford /San Diego Creek Planned Community. ZONE: P -C APPLICANT: John L. McIntyre, Costa Mesa OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Mr. John McIntyre, applicant, appeared before the Planning Commission. Mr. McIntyre concurred with the findings and conditions in Exhibit "A". He commented that he would not be mixing, cooking, or baking bagels and he questioned if the facility would be considered a restaurant. William Laycock, Current Planning Manager, explained that the subject facility would be considered a take -out restaurant inasmuch as persons would be coming to the facility to purchase beverages and food. Commissioner Di Sano, Commissioner Pers6n, and Mr. McIntyre discussed Mr. McIntyre's opinion of the fee and necessity of applying for a use permit for the take -out restaurant as opposed to a specialty food establishment. -60- COMMISSIONERS MINUTES October 5, 1989 Po �\ IA\ � CITY OF NEWPORT BEACH ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. Ayes * * * * * 3363, subject to the findings and conditions in Exhibit "A ". Absent * * Commissioner Pers6n commented that the subject facility is considered a take -out restaurant while the operation is not a restaurant, and instead has a total of 1,200 square feet of gross floor area. He said that normally under the Restaurant Ordinance, 29 parking would be required including 5 employee parking spaces; however, he said the parking spaces for the proposed establishment will be waived because of the size of the facility. Commissioner Pers6n stated that the subject establishment is the epitome of what the Specialty Food Ordinance is considering. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on -site to accommodate the proposed facility. . 4. That the Police Department has no objections with the proposed development. 5. That the waiver of the development standards as they pertain to walls, utilities, parking lot illumination, landscaping, and a portion of the required parking will not be detrimental to adjoining properties. 6. That the approval of Use Permit No. 3363 will not, under the circumstances of this case, be detrimental to the health,. safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or • be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. -61- COMMISSIONERS MINUTES October 5, 1989 CITY OF NEWPORT BEACH ROLL CALL 1! 1 I 1 1 1 I INDEX • CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That the development standards pertaining to walls, landscaping, parking lot illumination, and that all the required additional parking spaces (24 spaces) shall be waived. 3. That tables and a maximum of 12 seats shall be permitted in the take -out restaurant. Any additional seating shall require amending this use permit. Restroom facilities for use by customers shall be required by the Building Department if seating is provided. 4. That the hours of operation shall be limited between the hours of 6:00 a.m. and 10:00 p.m. daily, and that any increase in hours shall be subject to the approval of an amendment to Use Permit No. 3363. 5. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 6. That grease interceptors shall be installed on all fixtures in the take -out restaurant where grease may be introduced into the drainage systems in accordance with the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 7. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 8. That all signs shall conform to the provisions of the North Ford /San Diego Creek Planned Community Development. 9. That no on -sale of alcoholic beverages shall be permitted on the premises unless the Planning Commission approves an amendment to this use permit. -62- COMMISSIONERS MINUTES October 5, 1989 N \ CITY OF NEWPORT BEACH ROLL CALL INDEX 10. That the sidewalk in front of the subject facility shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed, or washed in such a manner that any debris or wastewater does not enter the storm drain system or the Bay. 11. That all mechanical equipment and trash areas shall be screened from MacArthur Boulevard and adjoining properties. 12. That outdoor seating shall not be provided unless an amendment to this use permit is approved by the Planning Commission. 13. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the • Public Works Department. 14. That a trash compactor be provided in the take -out restaurant facility. 15. That the employees shall park their vehicles on -site at all times. 16. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. -63- COMMISSIONERS October 5, 1989 MINUTES Olt-\ CITY OF NEWPORT BEACH ROLL CALL INDEX Modification No. 3576 (Continued Public Hearing) item No.12 Request to consider an appeal of the Modification Committee's Mod 3576 denial of Modification No. 3576 which involved a request to permit the retention of an as -built wooden deck which Approved encroaches 10 feet into the required 10 foot rear yard setback and 4 feet into the required 4 foot side yard setback. The overall height of the structure from natural grade to the top of the proposed guardrail is 15 feet 4 inches where the Zoning Ordinance limits such construction to a maximum height of 6 feet above natural grade. Also included is a request to allow the retention of retaining walls and a concrete deck, and proposed guardrails and a masonry wall, which encroach 5 feet into the required 10 foot rear yard setback and which exceed the maximum height of 6 feet allowed by the Zoning Ordinance. LOCATION: Lot 2, Tract No. 1221, located at 2001 Kings • Road, on the northwesterly side of Kings Road, southwesterly of Cliff Drive, in Cliff Haven. ZONE: R -2 APPLICANT: Executive Pools, Anaheim Hills OWNER: George Barfield, Newport Beach The public hearing was opened at this time, and Mr. Gary Petrilla, Vice President of Executive Pools, appeared before the Planning Commission. Mr. Petrilla reviewed his letter to the Planning Commission dated September 19, 1989, concerning the construction at the subject site and the sewer easement. Mr. Petrilla submitted photographs depicting the existing structures in the neighborhood and as they are viewed from West Coast Highway. He explained that because of the slope of the land and the sewer easement, the owners intend to construct a glass rail on top of the wooden deck so as not to obstruct views. Mr. Petrilla stated that the sewer is 24 inches below grade at the rear property line which would not interfere with sewer maintenance equipment, and the sewer line on the side property line is 24 inches to 30 inches below grade with easy access. -64- COMMISSIONERS October 5, 1989 MINUTES Olt\ � CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Acting Chairman Debay, Mr. Petrilla replied that he concurred with the findings and conditions in Exhibit "A ", as requested by the applicant. Acting Chairman Debay asked how a project can proceed with approvals and inspections and then acquire problems. James Hewicker, Planning Director, explained that when the property owner submitted plans to remodel the structure, the Building, Public Works, and Utilities Departments approved and installed a new sewer line. He said that inasmuch as the swimming pool plans did not show the existing sewer easements on the property when the plans were submitted by the applicant, the Building Department stamped the plans to inform the applicants that an Encroachment Permit is required for all work within City easements. However, the pool contractor started the pool construction. Don Webb, City Engineer, explained that the applicant applied • for an Encroachment Permit that was never issued. He stated that the Public Works Department informed the applicant of several items that were required to apply for an Encroachment Permit that were never received. Mr. Webb stated that when the applicant appealed Modification No. 3576 to the Planning Commission, staff observed that the applicant constructed a 6 foot high retaining wall over the sewer easement on the side of the property leaving an area between 2 1/2 feet to 4 feet for access; the pool equipment was installed directly over the sewer; a deck had been framed over the sewer easement; the rear easement is 10 feet wide; and the retaining wall and the deck for the pool had been constructed 5 feet into said sewer easement. In reference to Mr. Petrillfs foregoing letter, Mr. Webb explained that the Utility Superintendent, Mr. Gomez, does not issue Encroachment Permits, and that Mr. Gomez was not aware that the applicant intended to construct a retaining wall or pool equipment over the sewer easement. Mr. Webb stated that the sewer requires hand maintenance, and the City does not have the ability to remove walls, footings, or foundations if the sewer is plugged. He said that if the wood deck is to remain, the footings on the columns should be lowered to where they are below the level of the sewer so if a trench is dug, maintenance will not undermine the footings. He . said that in the areas where the deck is less than 8 feet above -65- COMMISSIONERS October 5, 1989 MINUTES � o �OV- � CITY OF NEWPORT BEACH ROLL CALL INDEX the sewer, staff requests that removable panels be constructed a minimum open space of 5 feet wide and 10 feet long to allow space for maintenance. Mr. Webb explained that the deck as constructed would have to be torn down and reconstructed; however, the retaining wall in the rear yard could remain as long as the footings in the deck were lowered to the depth of the sewer. Mr. Webb stated that the City Attorney's Office wrote a letter to the applicant requesting that the side yard improvements be removed. Mr. Webb advised that any encroachments require City Council approval. In response to questions posed by Acting Chairman Debay, Mr. Webb stated that any improvements in the side yard sewer easement need to be removed inasmuch as it obstructs the easement to the extent that the sewer cannot be maintained. He explained that in the rear yard, the footing in the wall could be deepened to the sewer. He said that if the Planning Commission approved the height of the deck, staff would agree as long as the . foregoing conditions were met to allow an area for maintenance. In reference to a question posed by Acting Chairman Debay, William Laycock, Current Planning Manager, explained that the conditions contained in the attached Exhibits consist of encroachments that exceed a 6 foot height limit in the required side and rear yard setbacks that are administered by the Modifications Committee, and the City Council approves encroachments in any sewer. easements with the approval of an Encroachment Permit. Mr. Webb requested that the landscaping installed in the sewer easement be small with a minimal root structure so as to allow the City to enter the sewer with the least amount of root obstruction. Mr. Petrilla and Commissioner Di Sano discussed what raw materials could be salvaged of the existing wood structure and modifications to the plan that would be required to meet the Public Works Department requirements. In response to a statement posed by Mr. Hewicker, Mr. Petrilla confirmed that construction started on the deck without the • proper building permits. -66- COMMISSIONERS October 5, 1989 . MINUTES A O O I o O CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Acting Chairman Debay, Mr. Petrilla explained the sequence of events after the applicant submitted plans to Plan Check in July, 1988. He stated that he received a letter from the Public Works Department granting approval of the wood deck and structure if the applicant submitted a plot plan to the City; the City notified the applicant in October, 1988, to pick up the applicable permits for the retaining wall only; the modification application for the wood deck was denied by the Modifications Committee on August 8, 1989, and when the applicant appealed the modification to the Planning Commission it was noticed by staff that the retaining wall and concrete deck also exceeded height. Commissioner Edwards and Mr. Webb discussed the conditions in Exhibit "C' for the construction of sewer easements. In response to Acting Chairman Debay with regard to the existing pool equipment, Mr. Petrilla replied that the pool equipment could remain until there is a problem with the sewer and any problems that would be ensued would be the responsibility of the property owner. Mr. George Barfield, property owner, appeared before the Planning Commission. Mr. Barfield submitted photographs with regard to the pool equipment and the sewer easement. Mr. Barfield addressed the six inch sewer pipe, the four neighbors that are serviced by the sewer, and the location of the three manhole covers that are located on his property. Mr. Barfield stated that before construction started on his project, the City replaced one of the manholes to the outside of the wall. He addressed the City's side and rear yard requirements, and the backlash that developed because a permit was not pulled. Mr. Barfield indicated there is adequate space for maintenance in the area that includes sewer easements on the rear and side yard, and the pool equipment. Mr. Barfield described the concrete retaining wall as 40 feet long, 6 feet high, with iron, a face of stone, and it encroaches 13 inches into a 5 foot wide sewer easement with a 6 inch pipe, and the footing is below the 6 inch pipe. . Mr. Rick Robinson, 2000 Kings Road, appeared before the Planning Commission to state that he does not object to the -67- COMMISSIONERS October 5, 1989 MINUTES .o a f O CITY OF NEWPORT BEACH ROLL CALL INDEX proposed project. He stated that since the owners have made improvements at the subject site, property values have increased in the neighborhood. Ms. Katherine Helfrich, 1831 Kings Road, appeared before the Planning Commission to state that the property owners have made substantial improvements on their property. She commented that the proposed project is aesthetically pleasing. Ms. Judy Wateman, 2001 Cliff Drive, appeared before the Planning Commission. She stated that since the property owners moved into the area, that they have upgraded the neighborhood and the subject property considerably, and she requested approval of the application as submitted by the applicants. Ms. Elizabeth Goodman, 1921 Kings Road, appeared before the Planning Commission, neighbor to the southwest of the subject property. She referred to her letter dated August 3, 1989, • addressed to Bill Ward, Senior Planner, objecting to the modification, and the letter from her attorney, William A. Fazio, dated August 30, 1989. Mrs. Goodman stated that after she spoke with Mr. Petrilla, that he proposed to remove the four foot section from the wood deck which encroaches into the side yard setback on the south side. He further proposed to finish the lower portion of the deck in complimentary or matching redwood planks as opposed to the lattice work. She requested that the area be completed and maintained at all times with trees and flowering shrubs that would run the entire length of the deck and concrete retaining wall. Mrs. Goodman stated that the proposal would satisfy her objections as it would restore the sideyard setback, and the landscaping would add eye - appeal to the hillside. She said that if the proposal is not carried out, her objections stand as noted in the record. Mr. Barfield reappeared before the Planning Commission. He submitted letters from the adjoining residents in support of the application. Mr. Barfield stated that Executive Pools submitted the foregoing proposal to Mrs. Goodman this date, and he indicated that he would not make a commitment until after the Planning Commission made a decision. • -68- COMMISSIONERS October 5, 1989 MINUTES � o CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Commissioner Glover regarding the landscape maintenance, Mr. Barfield explained that his property line abuts Mrs. Goodman's property and the landscaping from Mrs. Goodman's property would be adjacent to the wall, lattice work, or redwood deck that has been proposed. Discussion ensued with regard to the landscaping between the two properties. Mr. Jim Hilhish, appeared before the Planning Commission in support of the project. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sano stated that based on the foregoing testimony, openings in the wood deck would allow access to the sewer. Commissioner Di Sano supported Exhibit "A ", as • requested by the applicant, and he suggested added conditions would allow the Public Works Department to access the sewer. Mr. Webb referred to Condition No. 7, Exhibit "B ", addressed Motion * Commissioner Di Sano's concern. Motion was made to approve Modification No. 3576 subject to the findings and conditions in Exhibit "A" with the following modifications: add Condition No. 4 which is Condition No. 7, Exhibit "B ". Mr. Webb stated that Condition No. 6, Exhibit "B" addresses the footing of the wall adjacent to the sewer, and that Conditions No. 6 and No. 7 in Exhibit 'B" would protect the City's ability to dig up the sewer. The motion was amended to add Condition No. 6, Exhibit 'B" as Condition No. 5. Robin Flory, Assistant City Attorney, requested that the Planning Commission consider the encroachment by City Council and suggested that Condition No. 8, Exhibit "B" be added to Exhibit 'W, regarding the City Council approved Encroachment Permit. Commissioner Glover stated that she would not support the motion on the basis that Condition No. 3, in Exhibit "B ", Substitute requests a landscape plan. Substitute motion was made to Motion approve Modification No. 3576 subject to the findings and conditions in Exhibit 'B ". Mr. Hewicker stated that the landscape plan would also require • the Barfield's to landscape adjoining property. -69- COMMISSIONERS MINUTES � October 5, 1989 a N11�01k\ CITY OF NEWPORT BEACH ROLL CALL INDEX Acting Chairman Debay stated that she would not support the substitute motion. Ayes * * Substitute motion was voted on to approve Modification No. Noes * * o 3576, subject to the findings and conditions in Exhibit "B ". Absent * * MOTION DENIED. Ayes * * * Motion was voted on to approve Modification No. 3576, subject Noes * * to the findings and conditions in Exhibit "A ", including added Absent * * Conditions No. 4, No. 5, and No. 6. MOTION CARRIED. Findings: 1. That the proposed construction is a logical use of the property that would be precluded by strict application of the Zoning Ordinance. 2. That the proposed construction will not affect the flow of air and light to adjoining residential properties. 3. That the proposed construction will not obstruct views from adjoining residential properties. 4. That the Planning Commission determined that in this case, the as-built wood deck and other encroachments would not be detrimental to persons, property, and improvements in the neighborhood, and the applicant's request would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. Conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations, except as noted below. 2. That the guardrail for the proposed construction shall be • of open construction, glass or wrought iron, and that the -70- COMMISSIONERS October 5, 1989 MINUTES ` 0 in X94 O' \ CITY OF NEWPORT BEACH ROLL CALL INDEX height of which shall not exceed that required by the Uniform Building Code to satisfy the Building Department. 3.. That a building permit shall be obtained for the as -built construction. 4. That, if feasible, add an additional footing to the base of the retaining wall which encroaches into the rear yard setback to protect any future sewer excavation; if not feasible, remove the encroachment and relocate so as not to encroach into the sewer easement. 5. That the column footings for the proposed wood deck be extended down to the grade of the sewer and that a minimum vertical clearance of 8 feet shall be maintained above the sewer easement. In the event a vertical clearance of 8 feet cannot be maintained, easily removable panels on the deck weighing less than 60 pounds shall be utilized; and that with the panels removed, a minimum 5 foot wide by 10 feet long open space above the sewer shall be maintained. 6. That a City Council approved encroachment permit and non - standard improvements agreement be executed agreeing to the removal and repair of encroaching improvements should the City need to work within the sewer easement areas. Amendment No. 679 (Continued Public Hearing) item No.13 Request to consider an amendment to Title 20 of the Newport A679 Beach Municipal Code so as to define and regulate "Specialty Food" uses in the City; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, stated that the City -71- COMMISSIONERS October 5, 1989 MINUTES o CITY OF NEWPORT BEACH ROLL CALL INDEX Attorney's Office has requested that this item be continued to Cont' d to the October 19, 1989, Planning Commission meeting. 1OL19 -89 Motion Ayes * * * * * Motion was made and voted on to continue this item to the October 19, 1989, Planning Commission meeting. MOTION Absent * * CARRIED. ADJOURNMENT: 11:04 p.m. Adjourn- ment a s s JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING DEPARTMENT • -72-