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HomeMy WebLinkAbout10/18/1990COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 P.M. DATE: October 18, 1990 CITY OF NEWPORT BEACH ROLL CALL 111 Jill INDEX Present * * * * * All Commissioners were present. (Commissioner Pomeroy arrived at 7:35 p.m.) EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x x x William R. Laycock, Current Planning Manager Craig Bluell, Principal Planner Don Webb, City Engineer Dee Edwards, Secretary x x x Minutes of October 4. 1990: Minutes of Motion * Motion was made and voted on to approve the October 4, 10/4/90 Ayes 1990, Planning Commission Minutes. MOTION CARRIED. Absent x x x Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. x x x Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, October 12, 1990, in front of City Hall. • x x x October 18, 1990 COMMISSIONERS 1 \050 W CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Final Map of Tract No. 14055 (Discussion) Item x0.1 Request to subdivide two existing parcels containing 8.953± acres FTM 24055 of land, into a single lot for a 90 unit residential condominium development. Approved LOCATION: Portions of Blocks 94 and 55, Irvine's Subdivision and Parcel 1 of Parcel Map 12 -21 (Resubdivision No. 242), located at 1100 East Coast Highway, on the northeasterly comer of East Coast Highway and Jamboree Road, in the Villa Point Apartments Planned Community. ZONE: P -C APPLICANT: Regis Contractors, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams /Streeter, Irvine Ayes * * * * * * Motion was made and voted on to approve Final Map of Tract No. Absent 14055 subject to the finding and condition in Exhibit "A'. MOTION CARRIED. Fin in : 1. That the Final Map of Tract No. 14055 substantially conforms to the Tentative Map of said Tract and with all changes permitted and all requirements imposed as conditions to its acceptance. Condition: 1. That all conditions imposed by the City Council in conjunction with its approval of the Tentative Map of Tract No. 14055 shall be fulfilled. x x x -2- COMMISSIONERS October 18, 1990 MINUTES A CITY OF NEWPORT BEACH ROL CALL INDEX Modification No. 3729 (Continued Public Hearing) Item No.2 Request to consider an appeal of the Modifications Committee's Mod 3729 approval of the subject application which included a request to construct a wall and wrought iron fence that would encroach 10 Approved feet into the required 10 foot front yard. setback along Bamboo Street. Said fence would range from a height of 6 feet 11± inches to 7 feet 5± inches, where the Zoning Code allows a maximum of 3 feet in height for any construction in the required 10 foot front yard setback. The Modifications Committee's approval limited the height of the wall and wrought iron fence to 6 feet in height measured from natural grade and required that it maintain a 5 foot front yard setback adjacent to Bamboo Street. LOCATION: Lot 58, Tract No. 4893, located at 2515 Bamboo Street, on the northwesterly side of • Bamboo Street, between Bixia Street and Bison Avenue, in Eastbluff. ZONE: R -1 -B APPLICANT: Eugene A. Cerko, Newport Beach OWNER: Same as applicant APPELLANT: Same as applicant The public hearing was opened in connection with this item, and Mr. Eugene A. Cerko, applicant and appellant, appeared before the Planning Commission. Mr. Cerko discussed the amount of remodeling that is occurring throughout the Eastbluff area. He distributed a list of endorsements from property owners residing on Bamboo Street with the exception of two property owners who were not available and one property owner who preferred to remain neutral, and he submitted photographs of adjacent properties that have constructed walls similar to the applicant's request. In response to the findings by the Modifications Committee and the • foregoing photographs, Mr. Cerko replied that the property owners support his request to construct a wrought iron fence at the -3- October 18, 1990 COMMISSIONERS 0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX sidewalk. He described from the photographs the residences in the area that have not provided landscaping between the fences and the sidewalks, and he pointed out the residences that have landscaping between front yard walls that are set back from the sidewalk which he said gives the appearance of a private front yard enclosure. Mr. Cerko stated that a wrought iron fence provides an airy, open environment. Mr. Cerko indicated that the Modifications Committee has approved 5 foot front yard encroachments for block walls in the Eastbluff area, and the wrought iron walls that exist in the area are similar to his request. In response to a concern of the Public Works Department that the wrought iron fence adjacent to the sidewalk would not leave an adequate pedestrian access width along the sidewalk, Mr. Cerko stated that the adjacent residents do not believe that the concern would be a problem inasmuch as the area from the curb to the front property line is cemented, and therefore, the sidewalk in front of the residence is 5 feet to 10 feet in width. Mr. Cerko concurred with the findings and conditions in "A' • Exhibit "A". In reference to Condition No. 3 in Exhibit with respect to the fence not exceeding 7 feet 6 inches in height, Mr. Cerko stated that his intent is to construct the fence 5 -1/2 feet or 6 feet in height adjacent to the sidewalk. In response to a question posed by Commissioner Merrill, Mr. Cerko stated that the height of the 6 foot high fence would be measured from the ground, and the height of the side yard fences could be reduced to a height of 6 feet in the required 10 foot front yard setback if necessary. In response to questions posed by Commissioner Glover with respect to the posting indicating the public hearing, James Hewicker, Planning Director, explained that after the property has been posted there is not a regulation that states that the posting shall remain on the property. Commissioner Glover and Commissioner Merrill addressed the existence of the Eastbluff Homeowner's Community Association CC &R's. In response to a question posed by Commissioner Edwards concerning the foregoing Condition No. 3 in Exhibit "A ", Mr. Cerko indicated that the height of the side yard fence could be lowered from 7 feet 6 inches to 6 feet; however, the height of the front yard fence would comply with the 5 foot height requirement for pool -4- October 18, 1990 COMMISSIONERS MINUTES `O d dq PO `t. CITY OF NEWPORT BEACH ROLL CALL INDEX safety purposes. Commissioner Edwards addressed the Public Works Department suggestion that Condition No. 5 be added to Exhibit "A" stating 'That any fence or block wall exceeding 3 feet in height shall be a minimum of 2 feet from the street right of way in order to provide adequate shoulder room for pedestrians using the public sidewalk on Bamboo Street.". Mr. Cerko opposed the foregoing condition on the basis that the sidewalk has been widened to accommodate pedestrian traffic. Commissioner Merrill referred to the foregoing photographs of other residential properties in Eastbluff, showing walls that are adjacent to sidewalks wherein he explained that the photographs depict side yards and rear yards with no setbacks at the sidewalk, and the photographs were not taken of front yard walls at the sidewalk as requested by the applicant. Mr. Cerko explained that he did not understand how a wrought iron fence at the sidewalk in the front yard could impede pedestrian traffic when a 6 foot or 7 • foot high block wall along a side property line adjacent to a sidewalk will not obstruct pedestrian traffic. In response to questions posed by Commissioner Merrill, Mr. Cerko replied that he received architectural approval from the Eastbluff Homeowner's Community Association. Mr. Cerko and Commissioner Merrill discussed the letters from Mr. John S. Byers Vice President of said Association to the Planning Department dated July 27, 1990 and August 9, 1990, and to Mr. Cerko dated July 30, 1990, stating the Association's concerns regarding the improvements that the applicant had constructed without the Association's approval. Mr. Cerko responded that he has approval forms from the Association. In response to a question posed by Commissioner Merrill regarding the proposed fish pond, Mr. Cerko explained that the pond has been dug; however, it cannot be completed until a Building Permit is issued for the wrought iron fence. In response to questions posed by Chairman Debay, Mr. Cerko replied that the fish pond is located within the front yard setback area. Don Webb, City Engineer, further replied that the trees that have been planted in the City's parkways must receive the approval of the Parks, Beaches, and Recreation Department inasmuch as said Department is responsible to maintain the landscaping, and to ensure that the trees do not have active root systems. Mr. Cerko explained that originally the Association and the City gave him -5- October 18, 1990 COMMISSIONERS i CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX approval to plant the palm trees in the parkway; however, the approval is currently being reviewed by the Association and the City. Chairman Debay commented that she was informed that the tree wells in the parkway are deep wherein Mr. Cerko agreed to fill in the wells for safety purposes. In response to a question posed by Chairman Debay, Robin Flory, Assistant City Attorney, explained that the parkway should be improved to a safe condition inasmuch as there is a potential for claims against the City if an individual is injured in the tree wells. Ms. Tracy Wolonsky, President of the Eastbluff Homeowner's Community Association, 2600 Basswood Street, appeared before the Planning Commission. Ms. Wolonsky stated that the applicant did not submit a request for work on the wrought iron fence adjacent to the sidewalk; however, the Association reviewed the side walls and the parkway. Ms. Wolonsky indicated that the • Association is concerned that the request for a 6 foot high fence along the front property line would set a precedent in the area; the Architectural Committee is given the authority to act upon requests made to structures; the applicant started to make improvements without approval by the Architectural Committee; that the Association contacted the applicant to make an attempt to work with him; and the community should be considered as a whole and not just the property owners on his block. Ms. Wolonsky stated that the Association objects to tall walls or fences extending to the sidewalk inasmuch as the sidewalk is 4 feet wide, and that there is only a sidewalk on one side of the street. In response to a question posed by Chairman Debay, Ms. Wolonsky replied that the Association would concur with the Modifications Committee that the proposed wall and wrought iron fence maintain a 5 foot front yard setback. Commissioner Pers6n stated that the Planning Commission has previously not interfered in disputes between Homeowner's Associations and property owners. Mr. Douglas Smith, 2507 Bamboo Street, appeared before the Planning Commission. In response to the foregoing statements presented by Ms. Wolonsky, Mr. Smith stated that precedent has • previously been set to construct front walls next to sidewalks. Mr. Smith described several properties on Bamboo Street that have 3- -6- COMMISSIONERS °gam � °N:\ o October 18, 1990 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 1/2 foot high walls adjacent to the sidewalk, including a setback of dirt and bushes that rise above the wall, and a second wall that creates a private front yard. He addressed the Association's concerns regarding the extension of the width of the sidewalk. 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 Modification No. 3729 All Ayes subject to the findings and conditions in Exhibit 'B" (as approved by the Modifications Committee which permitted the fence to encroach 5 feet into the required 10 foot front yard setback). MOTION CARRIED. Findines 1. That the approval of the proposed 10 foot encroachment • could set a precedent for the approval of other similar request which could be detrimental to the neighborhood and to the streetscape. 2. That adequate landscaping has not been provided between the proposed block wall fence and the sidewalk, to serve as a buffer. 3. That the proposed construction will create a private front yard enclosure to the sidewalk, where none of a similar nature exist in the neighborhood. 4. That the approved 5 foot front yard encroachment is consistent with other requests on Bamboo Street that have been approved by the Modifications Committee. Conditions 1. That development shall be in substantial conformance with the approved plot plan and elevations, except as noted in the following conditions. -7- October 18, 1990 COMMISSIONERS 0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 2. That the proposed wall and wrought iron fence shall not exceed 6 feet in height, measured from the natural grade, in the required 10 foot front yard setback. 3. That the proposed wall and wrought iron fence shall maintain a 5 foot front yard setback. : s . Site Plan Review No. 60 (Public Hearing) Item No.3 Request to approve a site plan review for the purpose of permitting SPR 60 a residential density bonus of 6 units within an affordable housing development containing a total of 14 units on property located in Approved the MFR (2178) District. In accordance with Section 65915 of the California Government Code, the applicant is also requesting an adjustment to the off- street parking requirement and the minimum dwelling unit size as incentives for the development of affordable housing. The proposal also includes a modification to the Zoning Code so as to allow the construction of open carports on the front one- half of the lot, where the Zoning Code restricts open carports to the rear one -half of the site; and the acceptance of an environmental document. LOCATION: A portion of Lot 715, First Addition to the Newport Mesa Tract, located 1530 Placentia Avenue, on the easterly side of Placentia Avenue, between 15th Street and Production Place, in Northwest Newport. ZONE: MFR (2178) APPLICANTS: Lawrence M. Campeau and James G. White, Jr., Pasadena OWNERS: George and Margaret Wilson, Pasadena Craig Bluell, Principal Planner, recommended that Condition No. 21 in Exhibit "A" be modified to state 'That the applicant shall enter into 'a Grant Deed and an Affordable Housing Agreement,.. ". -8- October 18, 1990 COMMISSIONERS MINUTES O CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Chairman Debay regarding the distribution of affordable units throughout the City, Mr. Bluell explained the number of affordable units that are available in several developments throughout the City. Commissioner Pomeroy and Mr. Bluell discussed the minimum 600 square foot floor area that is required for dwelling units by the Newport Beach Municipal Code. Mr. Bluell explained that it may be best for the City to address projects with units smaller than 600 square feet on an individual basis. He also explained that a SRO (single room occupancy) development guide had been developed through the efforts of many Orange County jurisdictions Newport Beach included, and that development guide also contains a similar recommendation. James Hewicker, Planning Director, explained that the minimum 600 square foot standard has been in existence for many years, that there is nothing particularly significant about . 600 square feet, and that it was probably based on the prevailing size of small residential developments such as an apartment over a garage. In response to a question posed by Chairman Debay regarding SRO, Mr. Bluell explained that SRO is an old concept that is being reintroduced, that a standard SRO has a floor area of 220 square feet or less, and he expressed concern about constructing units of that size. In response to a question posed by Commissioner Glover with respect to how the term SRO is being used, Mr. Bluell explained that it describes a design concept, a single room that contains a kitchen and living area with a provision for an enclosed bathroom. He said that the Uniform Building Code defines SRO as a dwelling unit of 220 square feet or less. He further explained that if there was a greater separation in the kitchen and bath areas, the small units in the subject project would be considered 'bachelor' apartments; however, because they are larger than 220 square feet, he said its the design of the proposed units which identifies them as an SRO. Commissioner Glover commented that it was her understanding that each community in California would have to provide SROs. Mr. Bluell explained that the City is attempting to provide a very low income unit that is affordable to persons in the very low income ranges. Mr. Bluell stated he supports the proposed -9- COMMISSIONERS October 18, 1990 MINUTES o CITY OF NEWPORT BEACH ROLL CALL INDEX SRO units because the units provide 434± square feet at $350.00 per month. Mr. Bluell further replied that there is not a State mandate to provide SROs; however, there is a requirement to provide very low income units. In response to a question posed by Chairman Debay with respect to a recreation area for small children residing in the project, Mr. Bluell explained that a play area is provided on site and in each of the two adjacent projects, and there is also a community center near the subject project: Mr. Hewicker commented that there is not a concentration of low income units on the westside of the City; that there are adequate planned or existing recreational facilities in the area; and the City is attempting to fulfill the low income Housing requirements as expressed in the City's Housing Element. Commissioner Glover stated that all low income housing should not be concentrated in one area of the City; that the site of the • recreational center is across a very busy street; and that she has concerns with respect to the lack of open space for the small children. Mr. Hewicker responded that the intersection of 15th Street and Placentia Avenue is a heavily traveled intersection; however, he said that it does not prohibit the school children from getting from one side of Placentia Avenue to the other since there is now a stop light at the intersection. The public hearing was opened in connection with this item, and Mr. Lawrence M. Campeau, applicant, appeared before the Planning Commission, and he 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 to approve Site Plan Review No. 60 subject to the findings and conditions in Exhibit "A", including modified Condition No. 21 as suggested, and Resolution No. 1237, pertaining to the residential density bonus. Chairman Debay expressed her support for the proposed project inasmuch as it is a solution to resolve the concerns regarding affordable housing. -10- COMMISSIONERS Po 4M � October 18, 1990 CITY OF NEWPORT BEACH MINUTES ROL rCALL INDEX All Ayes The foregoing motion was voted on, MOTION CARRIED. A. Environmental Document: Accept the environmental document with the following findings and mitigation measures: FindinLy 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That based on the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that.the project (as conditioned or as modified by mitigation measures identified in the Initial Study) could have a significant effect on the environment. Mitigation Measures. 1. That development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 3. The siltation control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 4. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to the -11- COMMISSIONERS October 18, 1990 MINUTES o'd 'd • d[e � d CITY OF NEWPORT BEACH ROLL CALL INDEX occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). 5. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over - watering. 6. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed electrical engineer; with a letter stating that this requirement has been met. • B. Site Plan Review No. 60: Approve Site Plan Review No. 60 with the following findings and conditions: Findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the 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. 3. That adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 4. That the proposed development will not preclude implementation of specific General Plan or Specific Area Plan objectives and policies. 5. The approval of Site Plan Review No. 60 will not, under the circumstances of this case, be detrimental to the health, -12- October 18, 1990 COMMISSIONERS MINUTES .o � a� � �. � �� � CITY OF NEWPORT BEACH ROLL CALL I Jill INDEX 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. 6. The approval of the requested modification, so as to allow the use of open carports on the front one -half of the property 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 and is 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, floor plans, and elevations except as noted below. 2. That landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 3. That all trash enclosures shall be screened from adjacent properties. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That the on -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. 6. That prior to the issuance of building permits the applicants shall record a reciprocal easement for ingress, egress and parking purposes, over the southerly 26.5 feet of the adjoining property at 1538 Placentia Avenue and the northerly 8 feet of the subject property. The final design -13- October 18, 1990 COMMISSIONERS MINUTES \4\ ��A � CITY OF NEWPORT BEACH ROLL CALL INDEX and location of the easement shall be subject to the approval of the City Traffic Engineer. 7. That prior to the issuance of building permits the applicants shall record a Covenant to hold the subject property and the adjoining property at 1538 Placentia Avenue as a single site for the duration of the shared access, parking and circulation arrangement associated with the two properties. 8. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 9. That the unused drive apron be removed and replaced with curb, gutter and a full width sidewalk which shall be constructed along the Placentia Avenue frontage under an encroachment permit issued by the Public Works Department. 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 the issuance of grading permits or building permits. 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 County Sanitation District fees be paid prior to issuance of any building permits. 12. 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. • -14- October 18, 1990 COMMISSIONERS MINUTES rO 4\%p\\ A , CITY OF NEWPORT BEACH ROLL CALL INDEX 13. That overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 14. No construction, storage or delivery of materials shall be stored within the Placentia Avenue right -of -way and that an 8 foot wide pedestrian walkway be provided at all times except when the new sidewalk is actually being placed. 15. That water services be provided per Costa Mesa Consolidated Water District Standards. 16. That any proposed landscaping or signs adjacent to the public right -of -way shall be approved by the Public Works Department. 17. That the occupancy of the four SRO style studio units shall be limited to one person each. 18. That at least one covered parking space shall be provided for each dwelling unit. 19. That the waiver of the Fair Share fee shall be subject to City Council approval. 20. Approval of the Residential Density Bonus and adoption of Resolution No 1237. 21. That the applicant shall enter into a Grant Deed and an Affordable Housing Agreement, approved as to form and content by the City Attorney and the Planning Director, guaranteeing that ten (10) 2- bedroom units within the project shall be made available on a preferential basis to persons and families possessing an "active" Section 8 Existing Rental Assistance Certificate or Voucher and shall be rented at or below the Section 8 Fair Market Rent (FMR) Schedule for Newport Beach. That the 4 SRO units shall be rented by individuals that makes no more than 30% of the Orange County median income as established on the • State's Section 6932 income limits table and rented for no more than 30% of that income. That the SRO rents may be -15- October 18, 1990 COMMISSIONERS MINUTES A �'A �� CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX adjusted upward relative to increases in the median income on the State's Section 6932 income table. Section 8 Certificate and Voucher holders may rent the 4 SRO units but not on a preferential basis. When a Section 8 tenant does not occupy a 2- bedroom unit, the unit shall be rented to persons and families earning a maximum income of no more than 80 percent of the median income for Newport Beach adjusted for family size as shown on the Section 6932, Income Limits Table at or below the HUD Fair Market rent. Said Grand Deed and Affordable Housing Agreement shall be recorded with the Orange County Recorder's Office prior to the issuance of building permits. The term of this agreement shall be for no more than thirty (30) years. 22. That the project shall be redesigned so as to provide a minimum 5.192 foot side yard setback . z s s Variance No. 1172 (Public Hearing) Item No.4 Request to permit the construction of a single family dwelling and V1172 2 car garage, on property located in the R -1 District. Said variance Approved includes a request to exceed the allowable gross structural area, and a request to waive all of the required open space. The proposal also includes a modification to the Zoning Code so as to allow the structure to encroach 5 feet into the required 8 foot front yard setback, and 7 feet into the required 10 foot rear yard setback. The proposal also includes a request to allow a proposed chimney to encroach 18 inches into the required 3 foot side yard setback adjacent to East Balboa Boulevard where the Zoning Code allows only a 12 inch encroachment. LOCATION: A portion of Lot 15, East Side Addition to the Balboa Tract, located at 501 "J" Street, on the northwesterly corner of "J" Street and East Balboa Boulevard, on Peninsula Point. • ZONE: R -1 -16- October .18, 1990 COMMISSIONERS MINUTES .a �O \ A CITY OF NEWPORT BEACH ROLL CALL INDEX APPLICANT: William E, Malcomb, AIA, Irvine OWNERS: Mr. and Mrs. Don Rothman, Los Angeles The public hearing was opened in connection with this item, and Mr. William Malcomb, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A" and 'B" (as suggested by staff). There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pers6n determined that design problems exist with .notion * respect to the size of the subject lot. Motion was made and voted Ayes * * * on to approve Variance No. 1172 subject to the findings and No * conditions in Exhibit 'B" (suggested by staff which did not permit a chimney encroachment in excess of the permitted encroachment). MOTION CARRIED. FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same District, inasmuch as the subject property is quite small and is comprised of the front portion of a previously subdivided lot and that the resulting reduction in depth of the property has resulted in overly restrictive setbacks which result in an unreasonably small buildable area on the site. In a similar manner, the required setbacks have prohibited the applicant from providing the required volume of open space, inasmuch as all of the open space provided is located within a required setback area. 2. That the granting of the variance is necessary. for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed project is generally . comparable to the size and bulk to other buildings in the surrounding neighborhood and that the resulting open space -17- October 18, 1990 COMMISSIONERS ,a 03� g'p� • \CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX from the proposed setbacks is adequate for the subject property. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 4. That the proposed encroachments into the required front and rear yard setbacks will not under the circumstances of the case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working • in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 5. That the proposed chimney encroachment into the side yard setback beyond the permitted one foot encroachment would be detrimental to persons, property and improvements in the neighborhood, and that the applicant's request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 6. That there is no justification for allowing the proposed side yard setback encroachment for the chimney, since an adequate lot width exists for all new construction. 7. That the design of 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. -18- October .18, 1990 COMMISSIONERS IS \1\� CITY OF NEWPORT BEACH MINUTES ROLLCALLI 11 Jill INDEX CONDITIONS: 1. That the development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the applicant shall obtain Coastal Commission approval of this application prior to the approval of building permits. 3. That all vehicular access to the property shall be from "J" Street. 4. That walls and landscaping shall conform to Std. 110-L to provide sight distance. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 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 obtain a Building Permit prior to completion of the public improvements. 7. That the existing deteriorated curb and sidewalk be reconstructed along the "J" Street frontage and that the existing drive apron on "J" Street be reconstructed under an Encroachment Permit issued by the Public Works Department. 8. 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. 9. That the oleander plants be removed from the parkway along East Balboa Boulevard and, except for the two trees, all landscaping in the public right of way be kept trimmed to a height of 24 inches above the top of curb. -19- October 18, 1990 COMMISSIONERS • CITY OF NEWPORT BEACH MINUTES ROLL CALL 1 11 Jill INDEX 10. That two garage spaces shall be maintained for vehicular storage at all times. 11. That the proposed gross structural area shall not exceed 2,030± square feet. 12. That the proposed southerly side yard chimney maintain the required 2 foot side yard setback. 13. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. ADDITIONAL BUSINESS: Add' 1 Business M* Motion was made and voted on to cancel the Planning Commission meeting of November 22, 1990, inasmuch as it is Thanksgiving Day. 11 /22/90 MOTION CARRIED. PCM cancelled Motion * Motion was made and voted on to excuse Commissioner Merrill Merrill All Apes from the Planning Commission meeting of November 8, 1990. Excused MOTION CARRIED. ADJOURNMENT: 8:28 p.m. Adjourn- ment t s s THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -20-