HomeMy WebLinkAbout10/10/1991COMMISSIONERS
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REGULAR PLANNING COMMISSION MEETING
PLACE: City Council, Chambers
TIME: 7:30 P.M.
DATE: October 10, 1991
CITY OF NEWPORT BEACH
MINUTES
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Commissioner Debay and Commissioner Pomeroy were absent.
motion
Motion was made, voted on, and approved to excuse Commissioner
Ayes
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Pomeroy from the October 10 and October 24, 1991, Planning
Absent
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Commission meetings.
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EX- OFFICIO OFFICERS PRESENT:
James Hewicker, Planning Director
Robin Flory, Assistant City Attorney
William R. Laycock, Current Planning Manager
Patricia Temple, Advance Planning Manager
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Don Webb, City Engineer
Dee Edwards, Secretary
Minutes of September 19, 1991:
Minutes
of 9/19/91
Motion
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Motion was made and voted on to approve the September 19, 1991,
Ayes
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Planning Commission Minutes. MOTION CARRIED.
Abstain
Absent
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Public Comments:
Public
Comments
No one appeared before the Planning Commission to speak on
non - agenda items.
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Posting of the A eg nda: Posting
of the
James Hewicker, Planning Director, stated that the. Planning Agenda
Commission Agenda was posted on Friday, October 4, 1991, in
front of City Hall.
Resubdivision No. 969 (Continued Public HearineT stem No.1
Request to resubdivide an existing lot into a single parcel of land 8969
for a two family residential condominium development on property Approved
located in the R -2 District.
LOCATION: Lot 17, Tract No. 682, located at 612 Avocado
Avenue, on the southeasterly side of Avocado
Avenue, between Third Avenue and Fourth
Avenue, in Corona, del Mar.
• ZONE: R -2
APPLICANT: Joe Balbas, Newport Beach
Same as Applicant
Valley Consultants, Inc., Santa Ana
es Hewicker, Planning Director, addressed the supplement.to
staff report the Public Works Department distributed to the
using Commission prior to the subject public hearing.
Don Webb, City Engineer, explained that the applicant was
informed by a Building Department official that to convert a duplex
to a condominium development would require a separate water and
sewer system, and he was also informed that the undergrounding
of utilities would be waived by the Building Department in
accordance with Title 15, Uniform Building Code, upon the
approval of the Building Director. The Subdivision Code as stated
in Title 19, indicates that undergrounding of utilities must occur if
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11111 la Subdivision Map is processed and filed; however, the City
Council upon the recommendation of the Planning Commission
waive the requirement in Title 19 if topographical, soil or
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other conditions that make such undergrounding installation
unfeasible or impractical. Mr. Webb stated that the subject
development is 90 percent completed, and the applicant would
need to have a contractor underground the utilities in the alley
approximately 60 feet to the nearest power pole. Mr. Webb stated
that in the future, the Building Department will require, with a few
exceptions, all new structures to provide underground utilities. Mr.
Webb pointed out that four structures adjacent to the subject
property appear to have underground utilities.
In response to questions posed by Commissioner Edwards, Mr.
Webb explained that it would not be any more difficult for the
applicant to underground the utilities now than it would have been
several months ago, and the slab adjacent to the alley has not been
laid on the property.
Commissioner Gross and Mr. Webb discussed the information that
the Building Department advised the applicant prior to obtaining
the required permits. Mr. Hewicker corrected the applicant's letter
dated September 19, 1991, by stating that Steve Ahuna is an
employee of the Building Department and not the Planning
Department.
In response to a question posed by Commissioner Glover with
respect to the requirement to underground utilities, Robin Flory,
Assistant City Attorney, explained that Resubdivisions require
undergrounding, and inasmuch as the applicant originally applied
for a Building Permit, the Building Department considered the
issuance of a Building Permit and not the requirement of a
Resubdivision. Mr. Hewicker explained that Title 15, Uniform
Building Code, specifically requires that undergrounding will be
done if the property is to be developed with a new or relocated
main building, unless a waiver is granted by a Building official.
Commissioner Merrill and Mr. Webb discussed the events that may
have taken place leading up to the Building Department's waiver
to underground the utilities. Mr. Webb explained that in most
instances when the property does not have a power pole either
adjacent to or on the property, the Building Department accepts
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the installation of a conduit.
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The public hearing was opened in connection with this item, and
Mr. Joe Balbas, applicant, appeared before the . Planning
Commission. Mr. Balbas explained that going underground with
the electrical utilities was previously at the discretion' of the
Building Department depending if the utility pole were located
within the property lines or on the same side of the block. He said
that the Building Inspector deemed it would be impractical to
underground the utilities on the subject property. In response to
a question posed by Chairman Di Sano, Mr. Balbas concurred with
the findings and conditions in Exhibit "A" including Condition No.
8 requiring the underground utilities if the Planning Commission
requires said condition.
In response to questions posed by Commissioner Edwards, Mr.
Balbas replied that he had not requested a written waiver, and he
had followed directions given by City staff. Mr. Balbas further
replied that the Building Official informed him that it would be
impractical to underground the utilities because the power pole was
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too far down the alley.
In response to questions posed by Commissioner Merrill and
Commissioner Glover, Mr. Balbas explained that he has developed
15 projects, and the only previous request to underground utilities
was at 703 Seashore Drive inasmuch as the utility pole was within
the property lines. In response to a question posed by
Commissioner Merrill regarding future undergrounding by property
owners, Mr. Webb explained that an agreement would be written
that future property owners would not contest an Assessment
District for undergrounding. Mr. Webb further replied that the
adjacent property owners were notified of the subject public
bearing. Commissioner Merrill expressed his concern that the
adjacent property owners may object if overhead utilities would be
allowed, inasmuch as their utilities are underground.
In response to a question posed by Chairman Di Sano, Mr. Balbas
explained that the time and money involved to underground the
utilities would be an additional five weeks, approximately $4,000.00
to $5,000.00 in cost, and overhead utilities existing on site would
need to be removed.
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There being no others desiring to appear and be heard, the public
hearing was closed at this time.
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Mr. Hewicker considered the feasibility of the applicant posting a
bond which would allow the applicant to continue with the project's
development.
The public hearing was reopened in connection with this item, and
Mr. Balbas reappeared before the Planning Commission. Chairman
Di Sano asked Mr. Balbas if he would be willing to post a bond for
the purpose of continuing the project, and Mr. Balbas answered
that the project is 99 percent completed.
The public hearing was closed at this time.
notion
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Motion was made and voted on to approve Resubdivision No. 969,
Ayes
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subject to the findings and conditions in Exhibit "A", including
Absent
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Condition No. 8 to underground the utilities. MOTION CARRIED.
FINDINGS:
1. That the design of the subdivision improvements will not
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conflict with any easements acquired by the public at large
for access through or use of the property within the
proposed subdivision.
2. That the map meets the requirements of Title 19 of the
Newport Beach Municipal Code, all ordinances of the City,
all applicable general or specific plans, and the Planning
Commission is satisfied with the plan of subdivision.
3. That the proposed resubdivision presents no problems from
a planning standpoint.
4. That public improvements may be required of a developer
per Section 19.08.120 of the Municipal Code and Section
66415 of the Subdivision Map Act.
CONDITIONS:
1. That a parcel map be recorded prior to occupancy. That
the parcel map be prepared so that the Bearings relate to
the State Plane Coordinate System. Monuments (one inch
iron pipe with tag) shall be set on each lot corner unless
otherwjse approved by the Subdivision Engineer.
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Monuments shall be protected in place if installed prior to
completion of construction project.
2. That all improvements be constructed as required by
Ordinance and the Public Works Department.
3. That each dwelling unit be served with an individual water
service and sewer lateral connection to the public water and
sewer systems unless otherwise approved by the Public
Works Department.
4. That a park dedication fee for one dwelling unit shall be
paid in accordance with Chapter 19.50 of the Municipal
Code.
5. That all vehicular access to the property be from the
adjacent alley unless otherwise approved by the City
Council.
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6. That arrangements be made with the Public Works
Department in order to guarantee satisfactory completion of
the public improvements if it is desired to record the parcel
map prior to completion of the public improvements. .
7. That the tree damaged and displaced sections of curb and
gutter and the cracked sections of sidewalk be reconstructed
along the Avocado Avenue frontage under an encroachment
permit issued by the Public Works Department.
8. That overhead utilities serving the site be undergrounded to
the nearest appropriate pole in accordance with Section
19.24.140 of the Municipal Code.
9. That the applicant shall obtain Coastal Commission
approval of this application prior to the recordation of the
parcel map.
10. That this resubdivision shall expire if the map has not been
recorded within 3 years of the date of approval, unless an
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extension is granted by the Planning Commission.
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Resubdivision No. 970 (Public Hearing)
Item N0.2
Request to resubdivide an existing lot into a single patcel'of land
R970
for a two family residential condominium development on property
Approved
located in the R -2 District.
LOCATION: Lot 70, Block 739, Corona del Mar, located at
718 Marguerite Avenue, on the southeasterly
side of Marguerite Avenue, between Fourth
Avenue and Fifth Avenue, in Corona del Mar.
ZONE: R -2
APPLICANT: Larry D. Enneman, Huntington Beach
OWNER: Same as applicant
ENGINEER: Valley Consultants, Inc., Santa Ana
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The public hearing was opened in connection with this item, and
Mr. Larry D. Enneman, applicant, appeared before the Planning
Commission and he concurred with the findings and conditions in
Exhibit "A ".
The public hearing was closed at this time.
Notion
Motion was made and voted on to approve Resubdivision No. 970,
Ayes
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subject to the findings and conditions in Exhibit "A".. MOTION
Absent
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CARRIED.
FINDINGS:
1. That the design of the subdivision will not conflict with any
easements acquired by the public at large for access through
or use of the property within the proposed subdivision.
2. That the proposed resubdivision presents no problems from
a planning standpoint.
3. That public improvements may be required of a developer
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per Section 19.08.020 of the Municipal Code and Section
66415 of the Subdivision Map Act.
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CONDITIONS:
1. That a parcel map be recorded prior to occupancy. That
the parcel map be prepared so that the bearings relate to
the State Plane Coordinate System. Monuments (one inch
iron pipe with tag) shall be set on each lot corner unless
otherwise approved by the Subdivision Engineer.
Monuments shall be protected in place if installed prior to
completion of the construction project.
2. That all improvements be constructed as required by
Ordinance and the Public Works Department.
3. That each dwelling unit shall be served with an individual
water service and sewer lateral connection to the public
water and sewer systems unless otherwise approved by the
Public Works Department.
4. That all deteriorated or displaced sidewalk be reconstructed
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along the Marguerite Avenue frontage under an
encroachment permit issued by the Public Works
Department prior to occupancy.
5. That all vehicular access to the property shall be from the
adjacent alley unless otherwise approved by the City
Council.
6. That 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.
7. That overhead utilities serving the site be undergrounded to
the nearest appropriate pole in accordance with Section
19.24.140 of the Municipal Code.
8. That a park dedication fee for one dwelling unit shall be
paid in accordance with Chapter 19.50 of the Municipal
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Code.
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9. That this resubdivision shall expire if the map has not been
recorded within 3 years of the date of approval, unless an
extension is granted by the Planning Commission.
Use Permit No. 3430 (Public Hearing)
Item rio.3
Request to permit the construction of a second dwelling unit
UP3430
(Granny Unit) on property located in the R -1 -B District in
Approved
accordance with Chapter 20.78 of the Municipal Code that permits
a second dwelling unit if said residence is intended for one or two
persons who are 60 years of age or over.
LOCATION: Lot 44, Tract No. 3004, located at 1615
Mariners Drive, on the southerly side of
Mariners Drive, between Dover Drive and
Deborah Lane, in Westcliff.
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ZONE: R -1 -B
APPLICANT: Renato Trotta, Newport Beach
OWNER: Mrs. Eleanor C. Jackson, Newport Beach
Commissioner Glover addressed the list of granny unit applications
attached to the staff report, and she inquired how many of the
granny units were occupied by persons 60 years of age or older.
William Laycock, Current Planning Manager, responded that all of
the constructed granny units are occupied by individuals 60 years
of age or older except for Use Permit No. 3245, 469 DeSola
Terrace, inasmuch as the occupant died within the past year. Mr.
Laycock stated that each year a letter is mailed to the property
owners requesting a list of granny unit occupants.
The public hearing was opened in connection with this item, and
Mr. Renato Trotta, 3238 Broad Street, applicant, appeared before
the Planning Commission, and he concurred with the findings and
conditions in Exhibit 'W'.
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There being no others desiring to appear and be heard, the public
hearing was closed at this time.
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Notion
Motion was made to approve Use Permit No. 3430 subject to the
Ayes
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findings and conditions in Exhibit "A".
No
Absent
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Chairman Di Sano supported the motion and he indicated that
Condition No. 7 in Exhibit "A", requests the repair of the sidewalk.
Commissioner Gross recognized that the request complies with the
requirements of the Granny Unit Ordinance and the City's zoning
regulations.
Motion was voted on to approve Use Permit No. 3430, MOTION
APPROVED.
Findings:
1. That the proposed use is consistent with the Iand Use
Element of the General Plan, is compatible with
surrounding land uses.
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2. The project will not have a significant environmental impact.
3. That the design of the development or the proposed
improvements will not conflict with any easements acquired
by the public at large for access through or use of property
within the proposed development.
4. The approval of Use Permit No. 3430 will not, under the
circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of
persons residing and working in the neighborhood or be
detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City.
Conditions:
1. That the proposed development shall be in substantial
conformance with the approved plot plan, floor plan and
elevations.
2. That the second dwelling unit shall be limited to the use of
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one or two persons over the age of 60 years.
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3. That the applicant shall record a Covenant, the form and
content of which is acceptable to the City Attorney, binding
the applicant and successors in interest in perpetuity so as
to limit the occupancy of the second dwelling unit to one or
two adults 60 years of age or over, and committing the
permittee and successors to comply with current ordinances
regarding Granny Units. Said covenant shall also contain all
conditions of approval imposed by the Planning Commission
or the City Council.
4. Commencing with the final inspection of the Granny Unit
by a City Building Inspector and on an annual basis every
year thereafter, the property owner shall submit to the
Planning Director the names and birth dates of any and all
occupants of the Granny Unit constructed pursuant to this
approval to verify occupancy by a person or persons 60 years
of age or older. Upon any change of tenants, the property
owner shall notify the City immediately. This information
shall be submitted in writing and contain a statement signed
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by the property owner certifying under penalty of perjury
that all of the information is true and correct.
5. That the primary residence or the Granny Unit shall be
continuously occupied by at least one person having an
ownership interest in the property.
6. That one of the garage parking spaces shall be for the
exclusive use of the proposed Granny Unit.
7. Tbat the sidewalk which has been displaced by private tree
roots be replaced and that a root barrier be installed to
protect the sidewalk prior to final inspection of the Granny
Unit.
8.. 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.
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Use Permit No. 1772 (Amended) (Public Hearing)
Request to amend a previously approved use permit which
permitted the establishment of a restaurant with on -sale beer and
wine on property located in the C -1 District. Said approval also
included an off -site parking agreement for a portion of the required
nighttime parking on property located in the R -2 District. The
proposed amendment involves a request to relocate a portion of
the existing restaurant to the front portion of the same building and
convert two existing dining areas at the rear of the building to
office use. The proposal also includes the addition of live
entertainment in the restaurant facility. The request to relocate a
portion of the subject restaurant also represents a conversion of a
portion of the building from a Base FAR use to a Reduced FAR
use, which also requires the approval of a use permit. The
proposal will not result in an increase in the daytime or nighttime
"net public area."
• LOCATION: Parcel 1 of Parcel Map 80 -710 (Resubdivision
No. 658) located at 2640 East Coast Highway,
on the northeasterly side of East Coast
Highway, between Dahlia Avenue and
Fen -deaf Avenue, in Corona del Mar
(Restaurant Site); and Lot 11, Block 732 and
Lots 4 and 6, Block 733, Corona del Mar,
located on both the northwesterly, and
southeasterly sides of Fernleaf Avenue,
between East Coast Highway and Fifth
Avenue, in Corona del Mar (Off -Site Parking
Sites).
C -1 and R -2
Ivy Cafe, Corp., Corona del Mar
Craig W. Richter, Laguna Beach
The public hearing was opened in connection,with this item, and
Mr. James McBride, 2700 West Coast Highway, appeared before
the Planning Commission on behalf of the applicant. He concurred
with the findings and conditions in Exhibit "A ".
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Item No.4
UP1772(A)
Approved
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Commissioner Edwards addressed Condition No. 5 in Exhibit "A ",
regarding the proposed live entertainment, and Mr. McBride
replied that live entertainment had not been a previous use, and
would consist of a small combo or chamber music.
Chairman Di Sano stated that a letter of opposition from Agnes
Kelley, 717 Goldenrod Avenue, was received by the Planning
Commission, and he suggested that the applicants contact Ms.
Kelley.
James Hewicker, Planning Director, stated that the area that is
proposed for the live entertainment is in a portion of the building
that would be a far distance from the residential area, and also the
noise from East Coast Highway would be louder than the live
music.
Commissioner Edwards addressed Condition No. 6, Exhibit "A ",
requiring all windows and doors within the restaurant remain
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closed during performances.
Mr. Hewicker replied to a question posed by Commissioner Gross
regarding Condition No. 7, Exhibit "A ", with respect to
development standards, and Mr. Hewicker advised that no
additional requirements were being waived over and above the
previously approved use permits.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion
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Motion was made and voted on to approve Use Permit No. 1772
Ayes
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(Amended) subject to the findings and conditions in Exhibit W.
Absent
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MOTION CARRIED.
Findings:
1. That the proposed project is consistent with the General
Plan, and is compatible with surrounding land uses.
2. That the proposed use does not represent an intensification
of use and will not result in an increase in traffic or parking
demand.
a
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3. That the waiver of the restaurant development standards as
they apply to walls, landscaping, utilities, parking lot
illumination, circulation and building setbacks is justified on
the basis of the existing developed nature of the site and the
operational characteristics of the proposed use.
4. That the proposed live entertainment will be located in a
portion of the building which will be removed from nearby
residential uses and will be confined to the interior of the
building.
5. 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.
6. The projections of traffic to be generated utilize standard
traffic generation rates generally applied to a use of the type
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proposed, per City Council Policy S -1.
7. 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.
8. The restaurant 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 restaurant.
9. 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.
10. That the periodic review of the subject use permit is no
longer necessary in light of the proposed Condition No. 11
which allows the Planning Commission or the City Council
to review or modify the approval of this application.
11. The approval of Use Permit No. 1772 (Amended), under
the circumstances of this case, will not be detrimental to the
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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 site plan, floor plan and elevations.
2. That all previously applicable conditions of approval for Use
Permit No. 1772 (Amended) as approved by the Planning
Commission on May 18, 1978, shall continue to be fulfilled.
3. That Condition No. 6 of Use Permit No. 1772 (Amended)
relating to extensions of time approved by the Modifications
Committee, is hereby deleted.
4. That all restaurant employees shall park their vehicles on
the off -site parking area on the southeasterly side of
Fernleaf Avenue.
5. Live entertainment shall be limited to a piano with a duo or
trio with amplified voice.
6. That the hours of operation of the live entertainment shall
be limited between the hours of 6:00 p.m. and 11:00 p.m.
daily. Said live entertainment shall be located within the
building and all windows and doors within the restaurant
shall remain closed during performances.
7. That the development standards pertaining to walls,
landscaping, utilities, parking lot illumination, circulation,
and building setbacks are hereby waived.
8. 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.
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9. That no outdoor loudspeaker or paging system shall be
permitted in conjunction with the proposed operation.
10. That no outdoor dining or the sale of take -out food or
drinks shall be permitted unless an amendment to this use
permit is approved by the Planning Commission.
11. That no planter boxes shall be placed in front of the
restaurant facility on the public sidewalk area, unless an
encroachment permit is approved by Caltrans.
12. That appropriate signage shall be provided on the restaurant
site and the offsite parking lot across the alley that directs
customers to the off -site parking lot located on the
southeasterly side of Fernleaf Avenue.
13. That the nine parking spaces provided for daytime use shall
be for the exclusive use of the restaurant.
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14. That the "net public area" of the restaurant before 5;00 p.m.
shall be limited to 360 square feet and the "net public area"
after 5:00 p.m. shall be limited to 760 square feet.
15. 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.
16. 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.
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item No.5
UP3120(A)
Request to amend a previously approved use permit which
permitted the reconstruction and expansion of the Balboa Fun Approved
Zone, located on property in the C -1 District. The proposed
amendment is a request to permit the legal establishment of a
video arcade on the site which was established without benefit of
a use permit.
LOCATION: Parcel 1 of Parcel Map 208/4 -6
(Resubdivision No. 724) located at 600
Edgewater Place on property bounded by
Edgewater Place, Washington Street, East Bay
Avenue, and Palm Street, in Central Balboa.
The public hearing was opened in connection with this item, and
Mr. Richard Ribera, applicant, appeared before the Planning
Commission, and he concurred with the findings and conditions in
Exhibit "A".
Commissioner Merrill addressed Condition No. 3, Exhibit "A ",
stating that the hours of operation of the arcade shall be limited
from 9:00 a.m. to 2:00 a.m., Friday and Saturday and recognized
holidays. Mr. Ribera indicated that the arcade usually closes at
12:00 midnight on Fridays and Saturdays, depending upon the
number of customers, and on weekdays the arcade closes at 10:00
p.m. He said that the majority of the patrons are teenagers and
young adults between the ages of 20 - 25 years old.
Commissioner Gross addressed Condition No. 5, Exhibit "A ",
regarding Coastal Commission approval, and Mr. Ribera advised
that he has not applied to the Coastal Commission.
• In response to questions posed by Commissioner Edwards, Mr.
Ribera advised that the arcade has never been open until 2:00 a.m.,
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ZONE: C -1
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APPLICANT: Richard E. Ribera, Irvine
OWNER: Doo & Son, Santa Ana
The public hearing was opened in connection with this item, and
Mr. Richard Ribera, applicant, appeared before the Planning
Commission, and he concurred with the findings and conditions in
Exhibit "A".
Commissioner Merrill addressed Condition No. 3, Exhibit "A ",
stating that the hours of operation of the arcade shall be limited
from 9:00 a.m. to 2:00 a.m., Friday and Saturday and recognized
holidays. Mr. Ribera indicated that the arcade usually closes at
12:00 midnight on Fridays and Saturdays, depending upon the
number of customers, and on weekdays the arcade closes at 10:00
p.m. He said that the majority of the patrons are teenagers and
young adults between the ages of 20 - 25 years old.
Commissioner Gross addressed Condition No. 5, Exhibit "A ",
regarding Coastal Commission approval, and Mr. Ribera advised
that he has not applied to the Coastal Commission.
• In response to questions posed by Commissioner Edwards, Mr.
Ribera advised that the arcade has never been open until 2:00 a.m.,
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and the 2:00 a.m. closing hour was established by the management
of the Fun Zone. William Laycock, Current Planning Manager,
advised that the permitted hours of operation suggested by staff in
Condition No. 3, Exhibit "A ", reflected the hours of operation
approved by the Planning Commission on March 23, 1989, in
conjunction with the approval of Use Permit No. 3345 that
permitted another arcade in the Fun Zone. Mr. Laycock also
indicated that when the original Use Permit No. 3120 was approved
for the Fun Zone in 1984, the hours of operation were limited from
5:00 a.m. to 12:00 midnight Sunday through Thursday, and from
5:00 a.m. to 2:00 a.m. Friday, Saturday, and recognized holidays.
In response to a question posed by Chairman Di Sano, Mr. Ribera
replied that the subject arcade has been operating for three
months, and the arcade currently closes between 10:30 p.m. and
11:00 p.m. and during the summer months the arcade closed
between 11:00 p.m. and 12:00 midnight.
There being no others desiring to appear and be heard, the public
•
hearing was closed at this time.
In response to a question posed by Commissioner Merrill, Mr.
Laycock replied that the Police Department did not express an
objection to the subject application.
Commissioner Edwards suggested that the closing hours of the
arcade be reconsidered based on previous complaints expressed by
Balboa Peninsula residents.
Commissioner Gross opposed limiting the operating hours from the
hours that have previously been approved for other applicants. He
pointed out that no one has appeared in opposition to the
application.
Chairman Di Sano stated that he previously opposed video arcades;
however, he said that economics needs to be considered, and it
would also be inappropriate to allow arcades to have inconsistent
operating hours.
on
Motion was made and voted on to approve Use Permit No. 3120
*
*
*
(Amended) subject to the findings and conditions in Exhibit "A ".
*
MOTION CARRIED.
Absent
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Findings:
1. That the proposed use is consistent with the General Plan
and the Local Coastal Program Land Use Plan and is
compatible with surrounding land uses.
2. That the project will not have a significant environmental
impact.
3. The approval of Use Permit No. 3120 (Amended) will not,
under the circumstances of the case be detrimental to the
health, safety, peace, morals, comfort and general welfare of
persons residing or 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 installation of the proposed arcade shall be in
substantial conformance with the approved site plan and
floor plan.
2. That the employee shall park on -site.
3. That the hours of operation of the arcade shall be limited
between the hours of 9:00 a.m. and 12:00 midnight, Sunday
through Thursday, and from 9:00 a.m. to 2:00 a.m., Friday
and Saturday and recognized holidays.
4. That any signs shall be consistent with the sign program
approved by the Planning Commission in conjunction with
Exception Permit No. 18.
5. That the applicant shall obtain Coastal Commission
approval of this application prior to opening the relocated
arcade.
6. That all previous applicable conditions of approval for Use
Permit No. 3120 shall be fulfilled.
•
7. That the Planning Commission may add to or modify
conditions of approval to this Use Permit or recommend to
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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 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
Amendment No. 738 (Public Hearing)
item No.6
Request to amend Title 20 of the Newport Beach Municipal Code
A738
so as to permit the sale of convenience items such as, but not
limited to, soft drinks, candy, cigarettes, ice, magazines and snack
Cont ' d to
food, in conjunction with the operation of automobile service
11 -7 -91
stations. The proposed amendment also includes: the requirement
•
for on -site parking spaces for automobile service stations which do
not have service bays, but do include the sale of convenience items;
the addition of covered mechanical car wash facilities as a
permitted activity; the requirement to provide rest rooms which are
available to the general public for new automobile service stations;
and the requirement for fuel price signs to be in compliance with,
but not exceed the minimum price sign requirements set forth in
the Business and Professions Code of the State of California.
INITIATED BY: The City of Newport Beach
Commissioner Edwards requested a comparison of the proposed
Amendment as opposed to the uses that currently exist in the
operation of automobile service stations. James Hewicker,
Planning Director, explained that the sale of food items have only
been allowed in vending machines. Chairman Di Sano stated that
service stations that are not operating without a use permit may, sell
food items without restrictions.
Commissioner Glover suggested that the proposed Amendment
would be allowing a food mart similar to a 7 -11 Market in a service
•
station. Mr. Hewicker pointed out that the sale of alcoholic
beverages would not be allowed, convenience items would be sold
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within an allocated square footage, and additional parking would
be required. He explained that a service station applicant would be
required to apply for a use permit if the addition of convenience
food items were proposed.
In response to a question posed by Commissioner Gross, Mr.
Hewicker stated that the hours of operation would be restricted by
a use permit.
In response to a question posed by Commissioner Merrill, Mr.
Hewicker explained that if a mini- market operator requested to
pump gasoline, a use permit would be required. Commissioner
Merrill expressed his concern what could be sold under the heading
of "Convenience Items ".
Commissioner Glover opposed food -to -go as convenience items.
Commissioner Merrill referred to the letter from S. R. Bratt, Area
Manager of Texaco, dated August 28, 1991, stating that the
operator of the Texaco Service Station located at 1600 Jamboree
Road needs assistance inasmuch as the rent has been increased.
Commissioner Merrill stated his concern that the adjacent
neighbors may complain of added congestion at said location if a
mini- market would be approved.
Robin Flory, Assistant City Attorney, stated that the Planning
Commission may limit the square footage that could be utilized for
the sale of convenience foods, and she suggested that the Planning
Commission consider convenience items as an ancillary use to the
service station.
The public hearing was opened in connection with this item, and
Mr. Ted Harris, Texaco Refining Company, 3631 Harbor
Boulevard, Santa Ana, appeared before the Planning Commission.
Mr. Harris read a prepared statement reviewing the subject request
to amend Title 20 of the Municipal Code, and the evolution of
service stations. He stated that inasmuch as customers walk into
a self - service station to pay for gasoline, it allows service station
operators to provide a broader range of products that include
convenience foods. Newport Beach is one of the few cities that
does not currently allow food marts in service stations. He offered
to provide a list of specific food market items that could be sold,
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and he indicated that The Irvine Company has asked for such a
request on the leasehold. The following are specific items that
Texaco submitted to The Irvine Company: pre - packaged foods
except for coffee that would be brewed fresh, candy bars, nuts,
chips, cookies, crackers, chewing gum, beef jerky, cigarettes,
automotive products, health items, ice cream bars, canned drinks,
soda and fruit drinks, water, milk, donuts, etc. Texaco food marts
have a limited sales area that does not consist of more than one-
third of a typical 7 -11 Market or 1,000 to 1,200 square feet of sales
area. He said that the request makes economic sense based on
increased ground rents, labor costs, and environmental laws. The
ground rent at 1600 Jamboree Road increased from $30,000.00 per
year to $140,000.00 per year, October, 1990, and the retail sales are
flat, and other expenses have increased at the service station. The
requested food mart would be stocked and operated by the
operator inasmuch as the operator would benefit directly from the
proposal, and the convenience items would also benefit the public.
Based on the design of the service station, the food mart would not
be visible from the street. Mr. Harris indicated that the number of
service stations in the State of California has fallen from 19,513 in
1972 to 13,800 in 1991, and the trend has carried over to Newport
Beach. He stated that loss of service stations could be prevented by
adding convenience items and small car washes, and could provide
operators up to four profit centers: gasoline, food mart,
automobile repair, and car wash.
In response to a question posed by Commissioner Merrill, Mr.
Harris indicated that the subject service station's closing hours vary
from 10:00 p.m. to 12:00 midnight.
Commissioner Gross and Mr. Harris considered a limited square
footage for the sale of convenience foods, and Mr. Harris suggested
that rest rooms and the cooler or storage area should be excluded
from the permitted square footage of the sales area. Mr. Harris
confirmed that alcoholic beverages would be excluded, and he
stated that the proposed Ordinance specifically excludes alcohol
from being sold in any food mart in the City.
In response to questions posed by Commissioner Merrill, Mr.
Harris replied that an acceptable minimum square footage of net
retail floor area for the sale of convenience foods would be 900
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square feet to 1,000 square feet. Mr. Harris further replied that an
AM /PM Market is approximately 3,000 square feet in area.
In response to a question posed by Commissioner Edwards with
respect to architectural control, Mr. Harris replied that inasmuch
as the service station under consideration is established, there are
no plans to change the exterior, and the service stations constructed
today are built to fit the community. Commissioner Edwards stated
that Ordinances stating thou shall not sell alcoholic beverages have
been challenged throughout the State of California and cities, and
he asked if Texaco has ever challenged such an Ordinance. Mr.
Harris responded that he is not, aware if Texaco has challenged a
similar Ordinance and he stated the concern to sell beer and wine
is an inappropriate and irrelevant issue in Newport Beach;
however, the sale of alcoholic beverages can be financially
beneficial to the retailer. Mr. Hewicker explained that if a
municipality has a law on the books currently governing the retail
sales of gasoline at service stations, and the regulation prohibits the
sale of alcoholic beverages and it was in existence prior to a certain
•
point in time, and Newport Beach's Ordinance has been in
existence for some time, that there is nothing that requires the City
of Newport Beach to change the Ordinance to allow alcoholic
beverages. Commissioner Edwards stated his concern would be
that the City of Newport Beach could open itself up to a future
challenge because of the restriction, and he suggested that the
proposed Ordinance stand up to a challenge.
In response to a question posed by Chairman Di Sano, Mr. Harris.
replied that a microwave oven may be considered for pre - packaged
foods, i.e. frozen burritos. Mr. Hewicker, Chairman Di Sano, and
Mr. Harris discussed the feasibility of submitting a specific itemized
list of items for sale.
In response to questions posed by Commissioner Glover, Mr.
Harris replied that The Irvine Company was non - committal with
respect to the sale of convenience items. He further replied -that
the service station operator has substantial latitude with respect to
the items that are sold in the vending machines. Mr. Harris
explained that the service station operator must agree to all of the
existing terms of the leasehold and the laws and Ordinances of the
City.
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In response to a question posed by Commissioner Glover, Mr.
Hewicker explained that the subject Amendment applies to all
service stations in the City.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Commissioner Merrill stated that he could not support the
Amendment as it is proposed inasmuch as the convenience items
are not specific enough, and an allowed reasonable square footage
needs to be considered.
Commissioner Gross supported the type of service station that is
proposed; however, he recommended the list of convenience items
be expanded and he suggested that the square footage be limited
to possibly 50 percent of the "net floor area" to a maximum of
1,000 square feet to 1,200 square feet and that would provide
fairness to the small service station.
Commissioner Edwards suggested that more specific types of
convenience items be listed in the proposed Ordinance, and he
agreed with a limited square footage. Commissioner Edwards
requested that the City Attorney's Office address his concerns with
respect to the We of alcoholic beverages.
Commissioner Glover stated that she would prefer convenience
foods that would come from vending machines as opposed to mini
marts. She was aesthetically opposed to mini marts within the City
of Newport Beach. Commissioner Glover questioned if an accurate
list of convenience items could be provided.
Commissioner Merrill stated that the City would benefit from the
sales tax of the items sold.
Chairman Di Sano referred to two well- designed service stations
located on Harbor Boulevard in Costa Mesa that sell convenience
items. He suggested that the mini mart be limited to 1,000 square
feet, that a specific list of items be provided, and design the mini
mart so as to eliminate the clutter.
•
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Commissioner Gross referred to the decrease in the number of
service stations within the State of California and he stated that
there are a larger number of automobile drivers using fewer service
stations. He said on that basis there is a strong argument for mini
marts that provide convenience items for the stations to remain in
business and to provide a service to the community.
Mr. Hewicker explained that the proposed Amendment is a service
station Ordinance and not a mini food mart Ordinance. He said
there is no way the City could prohibit a mini mart from opening
on every street corner.
Motion
*
Motion was made and voted on to continue Amendment No. 738
Ayes_
*
*
to the November 7, 1991, Planning Commission meeting.
Absent
*
*
MOTION CARRIED.
General Plan Amendment No. 91 -3
Discussion
Item
Request to initiate amendments to the Newport Beach General
No. 1
Plan as follows.
GPA 91 -3
Patricia Temple, Advance Planning Manager, addressed the
supplemental staff report that was previously distributed to the
Planning Commission. She stated that the applicant, Resco
Development, has requested that Item No. D. Pac Tel Site be
expanded inasmuch as the applicant is currently exploring alternate
uses for the property located at the corner of Bison Avenue and
Camelback Street. The original request was to redesignate the
property to Multi - Family Residential allowing 30 dwelling units per
acre for a senior related residential complex; however, the
applicant is also considering a proposal for normal residential with
affordable housing at 23 units per acre, and would bring back the
project to the Planning Commission that they would wish to pursue.
Ms. Temple stated that the additional initiation request,
Circulation Element is a request of the City of Newport Beach to
initiate an update to the Circulation Element to incorporate
updated technical information, traffic projections, intersection levels
•
of service, and identified improvements resulting from the revision
to the Traffic Model which has recently been completed.
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In response to a question posed by Commissioner Glover, Ms.
Temple explained that the Traffic Model has been updated to more
refined projections from the General Plan. The Traffic Model also
incorporates more refined projections from the City of Costa Mesa
and the City of Irvine, and the Traffic Model has been reworked to
update to the new County model and projections. She said the
tables need to be changed that show all of the projected volumes
and ICU's. The Circulation Element policies would not be subject
to amendment at this time.
Ms. Temple referred to Item No. B. 3121 West Coast Highway
wherein she stated that if the Planning Commission would be
interested in facilitating the request that the No. 3 approach, the
Amendment to the Municipal Code as opposed to the Amendments
to the General Plan, would be preferable.
In response to a question posed by Commissioner Glover with
respect to 3121 West Coast Highway, Ms. Temple explained that
inasmuch as the proposal is not consistent with the General Plan,
a discretionary permit such as a use permit or variance, could not
be approved because the Planning Commission could not make the
initial and fundamental finding of consistency with the General
Plan. Ms. Temple stated that there are three approaches available
if the Planning Commission would be interested in allowing an
increase in floor area, and two of the approaches involve amending
the General Plan to create the use as a conforming use. She said
that an approach with less long term implications to the General
Plan would be to amend the Non - Conforming Uses and Structures
Chapter to accommodate the expansion, the consistency of the
General Plan would be created, and it would allow a discretionary
path for this type of request.
Chairman Di Sano asked if the foregoing Approach No. 3 would be
an option for 2200 West Ocean Front. Ms. Temple stated that
3121 West Coast Highway is a request to enclose a spa area related
to a condominium project, and the request is to increase the floor
area and is not to increase the impact or intensity of the land use.
She said that if Approach No. 3 would be considered for 2200 West
Ocean Front, it would intensify non - conforming uses inasmuch as
the request is a true intensification of land use by adding floor area
•
for additional commercial purpose.
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Commissioner Gross referred to the Pac Tel Site, and he asked if
the request would be initiated into the Housing Element of the
General Plan. He said that if the applicants proposed a Senior
Housing Project it would be favorable towards the Housing
Element. Ms. Temple explained that housing projects must
conform to the provisions of the Housing Element. Commissioner
Gross and Ms. Temple briefly discussed the City's affordable
housing and senior housing programs contained within the Housing
Element. Commissioner Gross stated that he was leaning more
towards a senior project for the purpose of providing senior
housing for Newport Beach residents who wish to remain in the
City.
Commissioner Merrill referred to "General Plan Amendments and
Major Projects in Process" listed in the staff report, and he
commented that the property owners who initiated GPA 89 -2(E)
have sold the property.
In response to a question posed by Chairman Di Sano, Ms. Temple
replied that the City Council requested that the Planning
Commission make individual recommendations on each General
Plan Amendment requested.
B. 3121 West Coast Highway: A request of The .Towers
(B)
Owners Association to amend the Land Use Element of the
3121 wcx
Newport Beach General Plan to allow for the enclosure of
Initiated
a spa area for a legal, non - conforming mid -rise
Amendment
to Code
condominium development on the bay side of West Coast
Highway in the Mariner's Mile Specific Plan Area. The
proposal would require either an increase to allowable Floor
Area Ratio in the Mariner's Mile area or a redesignation of
the property to Multi- Family Residential with a special floor
area limit.
Mr. John Smith, President of The Towers Owners Association,
appeared before the Planning Commission. He explained that the
homeowner's have requested a windbreak to enclose a spa area to
allow the year around use of the spa.
Commissioner Glover made a motion to approve Option No. 3 as
previously explained by Ms. Temple. Mr. Hewicker stated that
Option No. 3 would not initiate the General Plan Amendment and
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Motion
would direct staff to initiate an amendment to the Non - Conforming
Structures and Uses Chapter of the Zoning Ordinance.
Commissioner Glover stated that the three approaches are arduous
and have implications that are not good; however, Option No. 3
would be the least difficult.
Substitute
Substitute motion was made to not make a change and" not to
Motion
approve any of the three options. Ms. Temple explained that to
Ayes
*
take no action would not allow a structure around the spa. Motion
Noes
*
*
*
*
was voted on, MOTION FAILED.
Absent
In response to questions posed by Commissioner Edwards, Ms.
Temple explained that Option No. 3 would give staff the ability to
structure the Amendment so that the floor area would only be
allowed if it was determined that there would not be an
intensification of the use.
substitute
Substitute motion was made to adopt Option No. 2, 'Designate the
*
site for Multi- Family Residential with a special Floor Area .and
s
0
*
*
Density Limitation." Commissioner Edwards explained that the
esion
*
*
*
option is tailored to the problem, and Option No. 3 would open up
Absent
*
*
potential holes for future applicants. MOTION FAILED.
Ayes
*
*
*
Motion was voted on to adopt Option No. 3 which would make no
Noes
*
.
changes to the General Plan, and staff would initiate an
Absent
amendment to the Non - Conforming Structures and Uses Chapter
of the Zoning Ordinance. MOTION CARRIED.
C. 1600 Jamboree Road: A request of Fred Fiedler and
(C)
Associates on behalf of Texaco Refining & Marketing Inc.
1600
to amend the Land Use Element of the Newport Beach
Jamboree
General Plan to increase the floor area limit from 2,000
Initiated
square feet to 2,300 square feet to allow the addition of a
mini- market to an existing gasoline service station.
Mr. Joe Berretta, 2322 West Third, Los Angeles, appeared before
the Planning Commission on behalf of the Engineers for the subject
location. He explained that the applicants intend to enclose the
breezeway between the existing two buildings.
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Motion was made to initiate General Plan Amendment No. 91 -3
Motion
*
(C). Commissioner Edwards did not support the motion on the
Ayes
basis that proposed Amendment No. 738, to permit the sale of
No
Absent
*
convenience items in service stations, was continued to the
November 7, 1991, Planning Commission meeting and the subject
initiation is premature. Motion was voted on, MOTION
CARRIED.
D. PacTel Site: A request of Resco Development to amend
(D)
the Land Use Element of the Newport Beach General Plan
Pac Tel
to redesignate the site at the corner of Bison Avenue and
Initiated
Camelback Street from Retail and Service Commercial to
Multi - Family Residential and allow a density of 30 dwelling
units per acre for a senior related residential complex or 23
dwelling units per acre for a residential development with
affordable housing.
iMr.
Ronald Soderling, Resco Development, 1221 West Coast
Highway, appeared before the Planning Commission. He stated
that conventional housing, including affordable housing, and senior
housing are being considered. In response to previously stated
concerns expressed by Commissioner Gross, Mr. Soderling
explained that he intends to investigate the depth of the market for
senior housing.
Motion
*
.
Commissioner Glover made a motion to initiate GPA No. 91 -3 (D),
and to give the applicant the flexibility to propose either of the
aforementioned projects.
Commissioner Gross supported a motion based on Mr. Soderling's
statements.
Ayes
Absent
Motion was voted on, MOTION CARRIED.
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E. 2200 West Ocean Front: A request of Francis Orsini to
(E)
amend the Land Use Element of the Newport Beach
2200 .west
General Plan to increase the allowed Floor Area Ratio from
ocean Fron
0.5/0.75 to 1.30 in the Mc Fadden Square area in order to
mot
allow remodeling and addition to an existing, non-
Initiated
conforming retail building in association with seismic
upgrades required by Chapter 15.07 of the Newport Beach
Municipal Code.
Mr. Fran Ursini, 1803 Hummingbird, Costa Mesa, appeared before
the Planning Commission. Mr. Ursini stated that the structure at
the corner of 22nd Street and Ocean Front Boulevard is one story,
and the remaining structures in the block are two stories. He
proposed that he would give the City footage off of the alley and
in the front portion of the lot, and in return he would like to move
the restaurant's seating area to the second floor. He stated that he
would demolish the existing building and rebuild a structure that
would enhance the area.
In response to a question posed by Chairman Di Sano with respect
to consideration of a duplex on the site, Mr. Ursini replied that he
intends to continue to operate the existing hamburger stand.
In response to a question posed by Commissioner Glover, Mr.
Ursini replied that his intent is to provide a take -out window, to
have seating on the second floor, and to up -grade the menus.
In response to a question posed by Commissioner Gross; Mr.
Ursini explained the areas adjacent to the subject site that could be
used to provide 8 to 10 parking spaces.
Commissioner Gross suggested that the applicant make a study of
the number of parking spaces that could be provided at the subject
site before the City initiates the request.
motion
Motion was made and voted on not to initiate GPA 91 -3 {E).
Ayes
*
*
*
MOTION CARRIED.
No
Absent
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F. Assisted Housing; A request of the City of Newport Beach
(F)
to amend the Housing Element of the Newport Beach -
assisted
General Plan to comply with recent changes in state law
Housing
which require that the Housing Element contain an analysis
Initiated
of existing "assisted housing" developments with affordability
requirements due to sunset within the next ten years and
program to preserve the affordability of those units.
Motion
*
Motion was made and voted on to initiate GPA 91 -3 (F).
Ayes
*
*
*
*
*
MOTION CARRIED.
Absent
s * s
G. Circulation Element: A request of the City of Newport
(c)
Beach to initiate an update of the Circulation Element to
Circula-
incorporate traffic projections, intersection levels of service,
tion
and identified improvements resulting from the Traffic
Element
Otion
Model update to incorporate OC'TAM II projections.
Initiated
*
Motion was made and voted on to initiate GPA 91 -3 (G).
Ayes
*
*
*
*
*
MOTION CARRIED.
Absent
s r r
ADDITIONAL BUSINESS:
Ada I
Business
Motion was made and voted on to excuse Commissioner Merrill
Motion
*
g omm on meetings o ctoer '
from the Planning Commission f October 24 1991, and
Merrill
Excused
Ayes
Absent
*
*
*
*
*
*
*
November 7, 1991. MOTION CARRIED.
Commissioner Glover stated that she had recently observed an
increase in the number of painted interior window signs in Corona
del Mar and Mariner's Mile that are not aesthetically pleasing, -and
Painted
she questioned if there was something that the Planning
window
Commission could do about the window signs. Mr. Laycock
signs
explained that the Sign Code does not address window signs, and
•
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he suggested that the Sign Code could be amended. Commissioner
Merrill concurred with Commissioner Glover's concern, and
Commissioner Edwards suggested that maybe the Planning
Commission could review the Sign Code.
ADJOURNMENT: 10:10 p.m.
Adjourn
NORMA GLOVER, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
•
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