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HomeMy WebLinkAbout10/20/1983z r M 'c$o 7c0 a m XIX REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: '7:30 p.m. DATE: October 20, 1983 71 All Present. t Beach x x x EX- OFFICIO MEMBER PRESENT: Robert D. Gabriele, Assistant City Attorney x x x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary x x x Minutes of August 18, 1983 • Commissioner Goff referred to the Minutes of August 18, 1983, Page 26, and stated that the minutes should be corrected to indicate that Commissioner Person made the motion and also accepted the amendment to the motion. Motion I All Ayes XIXIXIXIX 1 18, 1983, as approval of the CARRIED. es of August Staff advised the Commission that. the applicants for Item No. 5 - Use Permit No., 1417 (Amended), Item No. 13 -Use Permit No. 3063, and Item No. 15 - Use Permit No. 3065, have requested that these items be continued to the Planning Commission Meeting of November 10, 1983. Motion S Motion was made to continue Item No. 5 - Use Permit No. All Ayes X X X X X X x 1417 (Amended) to the Planning Commission Meeting of November 10, 1983, which MOTION CARRIED. Motion X Motion was made to continue Item No.. 13 - Use Permit Ayes X X X X X X No. 3063 to the Planning Commission Meeting of November Abstain X 10, 1983, which MOTION CARRIED. Motion IX Motion was made to continue Item No. 15 - Use Permit Ayes X X X X X X No. 3065 to the Planning Commission Meeting of November 10, 1983, which MOTION CARRIED. x x x -1- INDEX COMMISSIONERS MINUTES October 20, 1983 � s � r 3 w. City of. Newport Beach m 3 D ROLL CALL I INDEX Modifications Committee) (Continued Public Hearing) ITEMS NO. 1 - 4 Request to adjust the common area lot lines for. the purpose of eliminating structural encroachments on lots located in Tract No. 6230. LOCATION: Tract No. 6230, located on the northerly side of Vista Del Oro, between Vista Del Sol and Vista Del Playa, in the Bluffs ALL APPROVED ZONE: R- 4 -B -2, PRD - CONDI- TIONALLY . AND Lot Line Adjustment No. 83 -4 (Referred • Request to adjust the common area lot lines for the purpose of.eliminating structural encroachments on lots located in Tract No. 5740. LOCATION: Tract No. 5740, located on the southerly side of Vista Del Oro, between Vista Del Sol and Vista Del Playa, in the Bluffs. r 1 LJ ZONE: R- 4 -B -2, PRD AND Lot Line Adjustment No. 83 -5 Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 5877. LOCATION: 'Tract No. 5877, located on the southerly . side of Mar Vista Drive, between Vista Del Oro and Domingo, in the Bluffs. ZONE: R- 3 -B -2, PRO -2- October 20, 1983 fr' v m m c w n m city . Of � o MINUTES E ROLL CALL I I I I. I I I I I INDEX Line FITNUF ustment No. 83 -6 (Referred from the Request to adjust the common area lot lines for the purpose of eliminating structural encroachments on lots located in Tract No. 6227. I I I I I LOCATION: Tract No. :6227, located on the southerly side of Mar Vista Drive, between Vista Del Oro and Domingo, in the Bluffs. ZONE: R- 3 -B -2, PRD ''APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant • I I I I I ENGINEER: Psomas and Associates, Costa Mesa Agenda Items No. 1 through 4 were heard concurrently due to their relationship. Mr. Don Webb, City Engineer, presented ,background information on these .items. He stated that the City has been working with The Irvine Company and the related homeowner groups in order to resolve this issue. He stated that approval of these requests will legitimize existing improvements in the Bluff's area and facilitate the sale of the underlying land to the homeowners. In response to a question posed by Chairman King, Mr. Webb stated that the encroachments into the public easement areas will require that the City and the leaseholders execute an agreement, at the time of the sale, which will provide for either the leaseholder or the City to remove the improvements. He, stated that provisions have also been made for the encroachments which are located in public utility areas. Commissioner Kurlander referred to the lot line adjustment map and stated that Lot 1 and Lot 45 have • similar encroachments. Mr. Webb stated that the lot line adjustment will follow the easement line and encroachment permits will be obtained. -3- v m m 5 m c ro w v m � 7c G1 on October 20, 1983 MINUTES ■ I T O L L CALL I I I I J i l l I INDEX r 1 Li Motion All Ayes • Commissioner Kurlander referred to Exhibit "A" and suggested that Lot 1 be added to Lot Line Adjustment 83 -3 and Lot 12 be added to Lot Line Adjustment 83 -4. Mr. Webb concurred and stated that the Public Works Department will add the required lots to the approval. He referred to Condition No. 5 and stated that this condition provides that any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment and the record of survey. Commissioner Balalis stated that rather than having the staff submit all the documentation and exhibits on the remaining lot line adjustments in the Bluff's area for Commission review, he suggested that staff only prepare a staff report containing the findings and conditions of approval for the remainder of the lot line adjustments. The other Commissioners concurred with Commissioner Balalis, inasmuch as the lot line adjustments are only "housekeeping" matters. Mr. Webb stated that the City staff felt as though the Planning Commission and City Council should only be made aware of the proposed lot line adjustments. LOT LINE ADJUSTMENT NO. 83 -3 X Motion was made for approval of Lot Line Adjustment No. X IX X X X X 83 -3, subject to the following findings and conditions, and as revised by the City Engineer, which MOTION CARRIED: FINDINGS 1. The project site described in the proposal consists of legal building sites. 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. 5. The proposal is consistent with the existing lots in the vicinity. -4- October 20, 1983 � x f ' 9 m m m. City of Newport Beach 6. The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. 1. That the lot line adjustments be completed in accordance with the City's lot line adjustment procedure. 2. That a record of survey be recorded with the Orange County Recorder. 3. That an encroachment agreement be prepared, executed and recorded for the encroachments into the public easements at 552 Glorieta (Lot 45 Tract 6230) and that the wording of the agreement be • approved by the City Attorney's office. That the agreement be executed by the lessees prior to purchasing their property from the Irvine Company, and that an encroachment permit be issued by the Public works Department for all encroachments into the public utility easement. • 4. That an encroachment permit be issued by the Public Works Department for all encroachments into the public utility easement at 500 Vista Grande (Lot 27, Tract 6230) prior to the lessees purchasing their property from the Irvine Company. 5. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment .and the record of survey. 6. That no new encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying encroachment agreement as approved by the Public Works Department. -5- MINUTES INDEX COAANUSSIONERS October 20, 1983 MINUTES r I o m m° m City of New ort Beach ROLL CALL I I I INDEX LOT LINE ADJUSTMENT NO. 83 -4 Motion III 11 II Motion was made for approval of Lot Line Adjustment No. All Ayes X X X X X 83 -4, subject to the following findings and conditions, and as revised by the City Engineer, which MOTION CARRIED: FINDINGS 1. The project site described in the proposal consists of legal building sites. 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. • 5. The proposal is consistent with the existing lots in the vicinity. 6. The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities. CONDITIONS 1. That the lot line adjustments, be completed in accordance with the City's lot line adjustment procedure. 2. That a record of survey be recorded with the Orange County Recorder. 3. That encroachment agreements be prepared, executed and recorded for the encroachments into the public easements at 429 Vista Flora (Lot 11, Tract 5740), 545.Vista Flores (Lot 31, Tract-5740, 2109 Fuentes (Lot 32, Tract 5740), and 401 Feliz (Lot 1, Tract 5740) , and that the wording of the agreement be approved by the City Attorney's office. That the agreements be executed by the lessees prior to purchasing their property from the Irvine Company, • and that encroachment permits be issued by the Public Works Department for all encroachments into the public utility easements. MINUTES October 20, 1983 r 9 W m m. City of Newport Beach ■ R O L L CALL I I I I 1 1 1 1 I INDEX 1 4. That no new encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying encroachment agreement as approved by the Public Works Department. 5. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment and the record of survey. LOT LINE ADJUSTMENT NO. 83 -5 Motion Y Motion was made for approval of Lot Line Adjustment No. All Ayes X X X X X 83 -5, subject to the following findings and conditions, and as revised by the City Engineer, which MOTION • CARRIED: FINDINGS 1. The project site described in the proposal consists of legal building sites. 2. The land taken from one parcel will be added to an adjacent parcel and no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. 5. The proposal is consistent with the existing lots in the vicinity. 6. The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. CONDITIONS . 1. That the lot line adjustments be completed in • accordance with the City's lot line adjustment procedures. -7- � r v m � 2. MINUTES October 20, 1983 W il0p]�i That a record of survey be recorded with the Orange County Recorder. 3. That encroachment agreements be prepared, executed and recorded for the encroachments into public easements at 601 Mar Vista (Lot 1, Tract 5877) and 665 Vista Bonita (Lot 36, Tract 5877); and that the wording of the agreements be approved by the City Attorney's office. That the agreements be executed by the lessees.prior to purchasing their property from The Irvine Company; and that encroachment permits be issued by the Public Works Department for all encroachments into the public utility easements. 4. That no new encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying • encroachment agreement as approved by the Public Works Department. 5. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment and the record of survey. 6. That the lot line adjustment in Lot 45 be revised to include the existing patio and entry cover. LOT LINE ADJUSTMENT NO. 83 -6 Motion III X Motion was made for approval of Lot Line Adjustment No. All Ayes X X X X 3S X 83 -6, subject to the following findings and conditions, and as revised by the City Engineer, which MOTION CARRIED: FINDINGS 1. The project site described in the proposal consists of legal building sites. I I I ( I I 2. The land taken from one parcel will be added to an . adjacent parcel and no additional parcels will result from the lot line adjustment. MMISSIUNtl« ` October 20, 1983 y m m p- City of Newport Beach 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. 5. The proposal is consistent with the existing lots in the vicinity. 6. The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities. 1. That the lot line adjustments be completed in accordance with the City's lot line adjustment procedures. • 2. That a record of survey he recorded with the Orange County Recorder. 3. That no encroachments be allowed within the City's public utility easements unless the lessees have Public Works Department approval and obtain an encroachment permit and accompanying encroachment agreement as approved by the Public Works Department. 4. That any additional revisions in existing lot lines not shown on the exhibit shall be revised prior to recordation of the lot line adjustment and the record of survey. 5. That the lot line adjustment in Lot 35 be revised to include the existing patio slab and canvas cover. MINUTES INDEX • Motion I I All Ayes X X X • October 20, 1983 of Newport Beach Request to amend a previously approved use permit that permitted on -sale alcoholic beverages and dancing entertainment in conjunction with an existing restaurant in the C -1 District. The proposed amendment is to change the "Park. Bar and Grill" Restaurant's hours of operation so as to permit the service of breakfast, lunch and dinner. The proposed hours of operation will be between the hours of 6:30 a.m. and 2:00 a.m. The proposed development also includes a full service bar, an addition of an open patio for dining and drinking purposes, and the use of live entertainment within the restaurant facility. The proposal also includes the acceptance of an off -site parking agreement which will provide additional restaurant parking spaces. LOCATION: Lots 1 and 2 and a portion of Lot 3, Block C, Tract No. 470, Lot 4, Block 731, Corona del mar Tract, and an abandoned portion of Carnation Avenue and a portion of a vacated .alley, located at 2515 East Coast Highway on the southeasterly corner of East Coast Highway and Carnation Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Loomis Foods, Inc., Corona del Mar OWNER: Poole Properties, Inc., Corona del Mar Staff advised the Commission that the applicant for Item No. 5 - Use Permit No. 1417 (Amended), has requested that this item be continued to the Planning Commission Meeting of November 10, 1983. Motion was made to continue. this item to the Planning Commission Meeting of November 10, 1983, which MOTION CARRIED. -10- MINUTES INDEX item #5 USE PERMIT N0� 1417 (AME�NDE Continued to Novem- eb r 10, 1983 g r 3 m C M m • Motion I I All Ayes X X X • October 20, 1983 of Newport Beach Request to amend a previously approved use permit that permitted on -sale alcoholic beverages and dancing entertainment in conjunction with an existing restaurant in the C -1 District. The proposed amendment is to change the "Park. Bar and Grill" Restaurant's hours of operation so as to permit the service of breakfast, lunch and dinner. The proposed hours of operation will be between the hours of 6:30 a.m. and 2:00 a.m. The proposed development also includes a full service bar, an addition of an open patio for dining and drinking purposes, and the use of live entertainment within the restaurant facility. The proposal also includes the acceptance of an off -site parking agreement which will provide additional restaurant parking spaces. LOCATION: Lots 1 and 2 and a portion of Lot 3, Block C, Tract No. 470, Lot 4, Block 731, Corona del mar Tract, and an abandoned portion of Carnation Avenue and a portion of a vacated .alley, located at 2515 East Coast Highway on the southeasterly corner of East Coast Highway and Carnation Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Loomis Foods, Inc., Corona del Mar OWNER: Poole Properties, Inc., Corona del Mar Staff advised the Commission that the applicant for Item No. 5 - Use Permit No. 1417 (Amended), has requested that this item be continued to the Planning Commission Meeting of November 10, 1983. Motion was made to continue. this item to the Planning Commission Meeting of November 10, 1983, which MOTION CARRIED. -10- MINUTES INDEX item #5 USE PERMIT N0� 1417 (AME�NDE Continued to Novem- eb r 10, 1983 GOMMSSIONERS MINUTES October 20, 1983 X � r . '9 m W m City, of Newport Beach ROLL CALL INDEX Mr. Fred Talarico, Environmental Coordinator,.referred to the last paragraph of Page 3 of the staff report and stated that the. applicant proposes to satisfy the park dedication requirements, but that the reference to the payment of an in -lieu fee should be deleted. Mr. Talarico suggested the following revisions to Exhibit "A ", .Conditions of Approval, of the staff report: . 39. If required, a subdrainage system consisting of 4 -inch perforated pipe wrapped with 3 cubic feet per lineal foot of Class II filter material, shall be installed at the lots receiving fill and shall be subject to the approval of the Building Department. 63. That prior to the recordation of the. final tract map, the applicant shall dedicate land or pay a. • fee in -lieu thereof, or both, for park and recreation purposes, in accordance with Chapter 19..50 of the Newport Beach Municipal Code ( "Park Dedication "). _11_ Request to revise a previously approved Tentative Map Item #6 of Tract No. 10814 which permitted the creation of three lots for residential condominium, purposes in conjunction with a 32 unit residential condominium development in the Big Canyon Planned Community. The proposed revision is to create 21 numbered .lots for single family residential purposes; one numbered lot TENTATIVE for private recreational purposes; four lettered lots MAP OF for private open space purposes; and two lettered lots TRACT for private street purposes. NO. 10814 (REVISED) LOCATION: A portion of Block 55, 56 and 93 of the Irvine's Subdivision, located on the northerly side of San Joaquin Hills Road between Jamboree Road and MacArthur Boulevard, in the Big Canyon Planned " Community. APPROVED CONDI- ZONE: P -C TIONALLY • APPLICANT: The Irvine Company, Newport Beach. OWNER: Same as applicant . Mr. Fred Talarico, Environmental Coordinator,.referred to the last paragraph of Page 3 of the staff report and stated that the. applicant proposes to satisfy the park dedication requirements, but that the reference to the payment of an in -lieu fee should be deleted. Mr. Talarico suggested the following revisions to Exhibit "A ", .Conditions of Approval, of the staff report: . 39. If required, a subdrainage system consisting of 4 -inch perforated pipe wrapped with 3 cubic feet per lineal foot of Class II filter material, shall be installed at the lots receiving fill and shall be subject to the approval of the Building Department. 63. That prior to the recordation of the. final tract map, the applicant shall dedicate land or pay a. • fee in -lieu thereof, or both, for park and recreation purposes, in accordance with Chapter 19..50 of the Newport Beach Municipal Code ( "Park Dedication "). _11_ n U • October 20, 1983 M / • 76. That the views across the Big Canyon site shall be considered in the preparation of the landscape plan by the applicant. Commissioner Kurlander referred to revised Condition No. 63 and stated that the City still has the option to determine the park dedication issue. Mr. Talarico concurred and stated that the Ordinance is implicit in this matter. He also stated that the City has made several commitments with The Irvine Company dealing with park dedication credits for several parcels throughout the City. In response to a question posed by Chairman King, Mr. Talarico referred to revised Condition No. 76 and stated that this will allow for flexibility to work with the homeowner associations in determining the views which are desired. Mr. Talarico stated that the intent is to preserve the view. Commissioner Goff referred to Page 24 of the Initial Study and suggested that the. mitigation measure relating to the landscape plan be utilized as follows: 76. The applicant shall consider preparing a landscape plan which allows for views of Big Canyon from San Joaquin Hills Road. Mr. Talarico concurred with the use of the above wording for Condition No. 76. The public hearing opened in connection with this item and Mr. Bernard Maniscalco, representing The Irvine Company, appeared before the Commission. Mr. Maniscalco referred to Condition No. 12, relating to the construction of a 10 -foot sidewalk along the San Joaquin Hills Road frontage of the property, and stated that on either side of the property there is a parkway allowing for trees and then a sidewalk. He stated that they concur with the objectives of the Public Works Department, however, he stated that they do not concur with creating a stretch of roadway which is different from the surrounding area. He requested that they be allowed to maintain the continuity of landscaping along San Joaquin Hills Road. -12- MINUTES INDEX 3 x � r � m m n U • October 20, 1983 M / • 76. That the views across the Big Canyon site shall be considered in the preparation of the landscape plan by the applicant. Commissioner Kurlander referred to revised Condition No. 63 and stated that the City still has the option to determine the park dedication issue. Mr. Talarico concurred and stated that the Ordinance is implicit in this matter. He also stated that the City has made several commitments with The Irvine Company dealing with park dedication credits for several parcels throughout the City. In response to a question posed by Chairman King, Mr. Talarico referred to revised Condition No. 76 and stated that this will allow for flexibility to work with the homeowner associations in determining the views which are desired. Mr. Talarico stated that the intent is to preserve the view. Commissioner Goff referred to Page 24 of the Initial Study and suggested that the. mitigation measure relating to the landscape plan be utilized as follows: 76. The applicant shall consider preparing a landscape plan which allows for views of Big Canyon from San Joaquin Hills Road. Mr. Talarico concurred with the use of the above wording for Condition No. 76. The public hearing opened in connection with this item and Mr. Bernard Maniscalco, representing The Irvine Company, appeared before the Commission. Mr. Maniscalco referred to Condition No. 12, relating to the construction of a 10 -foot sidewalk along the San Joaquin Hills Road frontage of the property, and stated that on either side of the property there is a parkway allowing for trees and then a sidewalk. He stated that they concur with the objectives of the Public Works Department, however, he stated that they do not concur with creating a stretch of roadway which is different from the surrounding area. He requested that they be allowed to maintain the continuity of landscaping along San Joaquin Hills Road. -12- MINUTES INDEX MINUTES October 20, 1983 v � w m w. City of Newport Beach 0 B O L L CALL I 11 I J i l l I INDEX • Mr. Donald Webb, City Engineer, referred to the Bike Trails Master Plan and stated that a bike trail is to be established at this location. He stated that if trees are to be installed, they should be installed in wells behind the sidewalk. He stated that installing the trees on private property will necessitate the trees being maintained by the adjoining property owners. He further stated that if the tree wells are installed adjacent to the curb, the 10 foot sidewalk would then not be wide enough to accommodate the bicyclists. Mr. Maniscalco referred to Condition No. 22, which requires that street trees shall be provided along the public streets. He also referred to Condition No. 12 and stated that the top of slope along San Joaquin Hills Road is located two feet behind the property line and that there would not be enough space to provide the landscaping in this area, along with the 10 foot sidewalk. He stated that it is their intention to landscape the upper edge and fence the slope area.. Commissioner Balalis stated that it would be aesthetically more pleasing for the bicycle trail to be located behind the trees off of the street. He stated that the applicant appears to be willing to take the responsibility of the sidewalk being located closer to the slope and providing a fence in this area. Mr. Webb stated that a 4 foot wide parkway would only allow for a 5� foot wide sidewalk area for the bicyclists. He stated that the minimum parkway area starts at 8 feet and goes to 12 feet. Mr. Maniscalco suggested that the parkway width be varied to accommodate the needs of the sidewalk. Mr. Webb referred to Condition No. 22 and suggested that the street trees be installed behind the property line on the private property. He stated that this will necessitate the trees being planted in retaining wells rather than planting the trees in the parkway. Mr. Maniscalco referred to revised Condition. No. 76 and stated that they concur with maintaining flexibility in the landscape plan in order to respond to the needs of • the City and the needs of the Big Canyon Homeowners Associations. -13- z r o ry' c Ip p 0 g o October 20, 1983 of Newport Beach Commissioner Person referred to the original Tentative Tract Map Condition No. 56, relating to the hold - harmless agreement and asked why this condition is now being requested to be deleted if there is no concern with the slope. Mr. Maniscalco stated that this condition was imposed prior to the time that the actual grading of the site began. Mr. Maniscalco stated that the condition no longer applies to the subject property. Mr., Webb stated that the City Grading Engineer is satisfied that this condition is no. longer necessary for the revised tract map. Chairman King referred to Condition No. 59, relating to the waiver of noise impacts and asked if.this would be binding to future lot owners. Mr. Maniscalco stated that they would suggest that this condition be deleted. Mr. Talarico stated that if the owners of the lots • located east of the proposed noise wall waive the noise impacts, it would be the responsibility of the lot owners to mitigate the noise, rather than the responsibility of the City in the future. Mr. Webb explained the location of the lots and stated that he does not foresee this as a problem. In response to a question posed by Commissioner Goff, Mr. Maniscalco stated that they are proposing wrought iron fencing on the upper edge of the slope area which would not obstruct the view and provide security. Commissioner Kurlander referred to Condition No. 5, relating to the dedication of easements and suggested that the word "over" be deleted and replaced with the wording "to cover ", in order to clarify the intent of the condition. Mr. Webb concurred with the revised wording. Mr. Maniscalco again referred to Condition No. 12 and requested flexibility in resolving the sidewalk issue. He stated that the topography of the site does not allow moving the sidewalk further into the site. • -14- MINUTES INDEX MMISSIONERS October 20, 1983 � x � r v m m City of Newport Beach MINUTES 0 ROLL CALL I III Jill I INDEX I r1 u Motion All Ayes • Commissioner Balalis suggested that Condition No. 12 be modified to reflect that a 10 foot clear sidewalk be provided and that the trees can be installed on either side of the sidewalk. Commissioner Kurlander stated that this may require additional dedication on the part of the developer. Commissioner Balalis stated that this will give the developer the flexibility for providing the 10 foot clear sidewalk and installing the street trees. Commissioner Goff suggested that the construction of the 10 foot clear sidewalk be at the discretion of the Public Works Department. Commissioner Kurlander referred to Exhibit "A ", Finding No. 2, relating to the promoting of housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin or color and asked if such a finding is required for this project. He stated that there are many laws which cover these issues. Chairman King stated that Findings No. 1, 2 and 3 are consistent with the City's, General Plan and Housing Element and therefore are contained in Exhibit "A ". Chairman King stated that it has been two years since there has been an appraisal up -date on the park dedication fees. He then requested the City Council to consider hiring an appraiser to re- evaluate the assessment values which are utilized for the in -lieu park dedication fees. X Motion was made for the approval of Tentative Map of X X X X X X X Tract No. 10814 (Revised), subject to the findings and conditions of Exhibit "A ", with revisions to: Condition No. 5, delete the word, "over" and replace with "to cover "; Condition No. 12, to provide a 10 foot clear width sidewalk at the discretion of the Public Works Department, as discussed; Condition No. 39, add the wording, "If required "; Condition No. 63, .delete the wording, "at the option of the City "; and, Condition No. 76' to reflect the wording as indicated on Page 24 of the Initial Study, which MOTION CARRIED, as follows: -15- 3 x � � m c m C o loll October 20, 1983 Beach MINUTES 0 ROLL CALL I I I I III I I INDEX FINDINGS:. 1. That the proposed project will promote and assist in the development of housing for low and moderate income households. 2. That the proposed project will promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color. 3. That the City of Newport Beach recognizes the opportunity to require provision of affordable housing either on or off -site in conjunction with residential development in the City. 4. That an Initial Study has been prepared in compliance with the California Environmental Quality Act, and the CEQA Guidelines. • 11111111 5. That a Final Environmental Impact Report was prepared in conjunction with the approval of the original tentative tract map. 6. That the Final Environmental Impact Report was certified as adequate by the City Council. 7. That. the Final Environmental Impact Report fully and adequately discusses the environmental impacts associated with the development. . 8. That the project proposed was analyzed as an alternative to the project analyzed in the Final Environmental Impact Report. 9. That based upon information contained in the Initial Study, there are no new significant environmental impacts that were not considered in the prior .certified Final Environmental Impact Report. 10. That all measures necessary to mitigate the environmental impacts associated with the approved project have been incorporated into the project. I j I I 11. That the proposed project in consistent with the • 1 Newport Beach General Plan and the Big Canyon Planned Community District. -16- ,. MH October 20, 1983 of Newport Beach 12. 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. 13. That the proposed subdivision presents no problems from a planning standpoint. 14. That the site is physically suitable for the type of development proposed. 15. That the site is physically suitable for proposed density of development. 16. That the design of the subdivision or the proposed improvement will not substantially and avoidably injure fish or .wildlife or their habitat. • I I I I 17. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 18. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 19. That the discharge of waste from the proposed subdivision will not .result in or add to. any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. CONDITIONS: 1. That a final map(s) be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral • connection to the public water and sewer systems unless otherwise approved by the Public Works Department. -17- MINUTES INDEX � r v m m m a x 0 m ,. MH October 20, 1983 of Newport Beach 12. 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. 13. That the proposed subdivision presents no problems from a planning standpoint. 14. That the site is physically suitable for the type of development proposed. 15. That the site is physically suitable for proposed density of development. 16. That the design of the subdivision or the proposed improvement will not substantially and avoidably injure fish or .wildlife or their habitat. • I I I I 17. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 18. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 19. That the discharge of waste from the proposed subdivision will not .result in or add to. any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. CONDITIONS: 1. That a final map(s) be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral • connection to the public water and sewer systems unless otherwise approved by the Public Works Department. -17- MINUTES INDEX COM/WSSK)NERS MINUTES October 20, 1983 � r m m City of Newport Beach ROLL CALL INDEX 4. That the design of the private streets and drives conform with the City's private street policy (L -4), except as approved by the .Public Works Department. The basic right -of -way width shall be a minimum of 40 feet. The location, width, .configuration, and concept of the private street and drive system shall be subject to further review and approval by the City Traffic Engineer. 11 1 5. That easements for ..public emergency and security . ingress and egress and public utility and storm drain purposes to cover all the private streets be dedicated to the City and that all easements be shown on the tract map. 6. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered • in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty four inches in height. The sight distance requirement may be approximately modified at non- critical locations, subject to approval of the City Traffic Engineer. 7. That all vehicular access rights to San Joaquin Hills Road be released and relinquished to the City. 8. That the final design of the on -site pedestrian circulation be reviewed and approved by the Public Works Department and the Planning Department. 9. That the California Vehicle Code be enforced on the private streets and drives, and that delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 10. That the water capital improvement fees be paid. 11., That an agreement and accompanying surety guaranteeing completion of the public improvements • be provided, if it is desired to record a final map prior to the completion of the public improvements. 190 n x � r o m m q a 0 o m � o October 20, 1983 of Newport Beach MINUTES 0 ROLL CALL I I I I J i l l I INDEX I 12. That a 10 -foot clear width of concrete sidewalk be constructed along the northerly side of San Joaquin Hills Road from Big Canyon Drive East to Big Canyon Drive West, with the location of said sidewalk to be at the discretion of the Public Works Department, and that handicapped access ramps be constructed at both intersections of Big Canyon Drive and San Joaquin Hills Road. The top of slope along San Joaquin Hills Road shall be at least two feet behind the property line. 13. That street drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 14. That a hydrology and hydraulic study be prepared and approved by the Public Works Department, along with a master plan of water, sewer and storm drain . facilities for the on -site improvements prior to recording of the final map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That asphalt or concrete access roads shall be provided to all public utilities vaults, manholes and junction structure locations. 15. That easements dedicated to the City be a minimum of ten feet in width, with wider easements provided where required by the Public Works Department. 16. That the architectural character and landscape design established within the existing Big Canyon P -C District shall be maintained. 17. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department • that the landscaping has been installed in accordance with the prepared plan). -19- COMMSSIONERS MINUTES October 20, 1983 r a m w City of. Newport Beach m�o y ROLL CALL INDEX 18. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 19. .The landscape plan shall .include a maintenance program which controls the use of fertilizers and pesticides. 20. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over - watering. 21. The landscape plan shall place heavy emphasis on fire- retardant vegetation. • 22. Street trees shall be provided along the public streets and required by the Public Works Department and the Parks, Beaches and Recreation Department. 23. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 24. To the maximum extent practicable, the existing coastal sage scrub in the northern. portion of the project shall be maintained in the landscape plan. 25. Development of the site shall be subject to grading permit to be approved by the Building and Planning Departments. 26. 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. 27. The grading permit shall include, a description of • haul routes, access points to the site and a watering and sweeping programs designed to minimize impacts of haul operation. -20- October 20, 1983 of Newport Beach 28. An erosion, siltation, and dust control plan shall be prepared by a civil engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation .of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheet shall be furnished to the Building Department. 29. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design. 30. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist, subsequent. to the completion of a comprehensive soil and geologic • 'investigation of the site. 31. That the applicant provide for .vacuum sweeping of all private streets equal to that service provided by the City for residential area streets. 32. Prior to the issuance of the grading permit the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased flows from the project will not increase erosion immediately downstream of the system, this shall be reviewed and approved by the Planning and Building Department. 33. That erosion control measures shall be done on any. exposed slopes within thirty days after grading or as approved by the Grading Engineer. 34. Control of infiltration to the groundwater system from the project shall be provided as part of the project design. 35. That mitigation measures 1 thru 9 contained on pages 14 thru 16 of the "Big Canyon Area No. 10 • Certified Final EIR" shall be incorporated into the final project unless otherwise modified by conditions of approval contained herein or the City's Grading Engineer. -21- MINUTES INDEX 9 m � October 20, 1983 of Newport Beach 28. An erosion, siltation, and dust control plan shall be prepared by a civil engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation .of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheet shall be furnished to the Building Department. 29. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design. 30. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist, subsequent. to the completion of a comprehensive soil and geologic • 'investigation of the site. 31. That the applicant provide for .vacuum sweeping of all private streets equal to that service provided by the City for residential area streets. 32. Prior to the issuance of the grading permit the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased flows from the project will not increase erosion immediately downstream of the system, this shall be reviewed and approved by the Planning and Building Department. 33. That erosion control measures shall be done on any. exposed slopes within thirty days after grading or as approved by the Grading Engineer. 34. Control of infiltration to the groundwater system from the project shall be provided as part of the project design. 35. That mitigation measures 1 thru 9 contained on pages 14 thru 16 of the "Big Canyon Area No. 10 • Certified Final EIR" shall be incorporated into the final project unless otherwise modified by conditions of approval contained herein or the City's Grading Engineer. -21- MINUTES INDEX October 20, 1983 MINUTES � m � m m m City of Newport Beach INDEX 36. .Prior to the commencement of grading operations, all vegetation in areas to be graded shall be cleared and disposed of, offsite, and all loose surficial materials shall be removed and recompacted. All area to be filled shall be scarified and /or overexcavated, moisture - conditioned and recompacted to at least 90% percent relative compaction prior to fill placement. New fill shall be placed in thin lifts and benching into; existing fill or bedrock material shall be performed where the fill material is placed against an existing slope. Grading shall be accomplished in accordance with the General Earthwork and Grading Specifications which are presented in Appendix C. 37. The cut portion of the transition lots, where grading results in a portion of the foundation on cut and a portion on fill, shall be over - excavated • and recompacted to a minimum depth of 36 inches, to minimize the potential of differential settlement. In addition, the uncompacted fills, existing on Lot 22, and across "A" Drive from Lot 5, shall be removed and recompacted. The lower pads of the split -level lots . which have been used as desilting basins shall be cleared of silt prior to placement of fill. 38. The revised grading will .necessitate imported fill. This material shall be. evaluated and approved by the geotechnical consultant prior to importation. 39. if .required, a subdrainage system consisting of 4 -inch perforated pipe wrapped with 3 cubic fee per lineal foot of Class ii filter material, shall be installed at the lot's receiving fill, and shall . be subject to the approval of the Building Department. 40. Surface drainage on the finished lots shall be prevented from draining over the top. of slopes by means of berms at the top of the slope and yard drains within the rear yards of each residential • lot. Yard drains have already been installed at the present elevation of the upper pads and shall be extended to the proposed grade. -22- October 20, 1983 � x r S m m m m City of Newport Beach MINUTES ■ ROIL CALL I I I I III I I INDEX I 41. That graded areas which are to receive fill in excess. of 2 feet in thickness be explored and their settlement potential evaluated. If any saturated soil zone with a potential for untolerable settlements are found, such soil zones shall be removed and replaced during in accordance with the General Earthwork and Grading Specifications presented in Appendix C of the Initial Study for the revised Tentative Map of Tract No. 10814, dated July 5, 1983. 42. That a minimum 10 foot structural setback shall be provided for the upper slope edge facing the golf course. 43. The upper slopes above the golf course shall be maintained in a manner which best preserves. the integrity of the slope face. This includes, but is not limited to, planting of a property mix of • drought- resistant ground covering and shrubs, close control of burrowing rodents, repair and maintenance of all surface and subsurface drain facilities, and control of the volume an pattern of surface irrigation. The maintenance of the upper and lower slopes shall be under the control of a single maintenance group, in order to promote a consistent and competent maintenance effort. 44. That observation /testing shall be performed by the geotechnical consultant during grading operations. 45. The deep arroyo which demarcates the northern site boundary possesses excellent habitat characteristics. and shall not be developed as an access easement. 46. That prior to the issuance of any building permit authorized by the approval of this project, the applicant shall deposit with the City -Finance Director, a sum proportional to.the percentage of future additional traffic related to the project in the subject area, but not to exceed $5,350.00 to be used for the construction of a wall on the westerly side of Jamboree Road between Eastbluff Drive and Ford Road. -23- October 20, 1983 V m p7 m � ° w City of Newport Beach MINUTES ■ P%CKi CALL I I I I. I I I I I INDEX I 47. That the final design of on -site pedestrian circulation be reviewed and approved by the Public Works Department. 48. The project shall comply with the Uniform Building Code - 1979 Edition and /or the California Administrative Code Titles 19 and 24. 49. That prior to the occupancy of any unit a qualified acoustical engineer, retained by the City at the applicant's expense shall demonstrate to the satisfaction of the Planning Director that the noise impact from San Joaquin Hills Road on the project does not exceed 65 db CNEL for outside living areas and the requirements of law for interior spaces. 50. That final design of the project shall provide for the incorporation of water - saving devices for • project lavatories and other • water using facilities. 51. Prior to the occupancy of any buildings, a program for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. 52. A minimum of (10 %) ten percent of.the units to be developed on this site or an equal number of offsite units shall be "affordable units" as .defined by the City's Housing Element. 53. Prior to the recordation of the final tract map an agreement shall be executed that guarantees the provisions of "affordable units" onsite or offsite in a manner and in a reasonable time frame related to the construction of other onsite units. Said agreement shall be reviewed by the Planning Director and City Attorney's Office and approved by the City Council. 54. In order to reduce any adverse environmental effects of development of this site, preference in the rental or sale of the "affordable units" shall • be given to those persons employed in the City of Newport Beach or residents of the City of Newport Beach in a manner to be approved by the City Planning Director and City Attorney. -24- October 20, 1983 MINUTES r 5 ro = m m m City of Newport Beach moo ROLL CALL INDEX 55. Additional access roadway, width shall be provided at the Big Canyon Drive East location if left -turn access from the site to the Big Canyon Country Club is desired. A minimum of 28 -foot pavement width and restricted parking on both sides of the roadway at this location shall be required for both left -hand turn and emergency vehicle access. 56. The project applicant shall pay the "fair- share" of the costs incurred with ultimate inputs to the circulation system as may be defined by the City of Newport Beach. 57. Watering techniques shall be employed to mitigate partially the impact of .construction- generated dust particulates. 58. A noise wall shall be .constructed, adjacent to San Joaquin Hills Road for Lots 17 through 21. The wall shall be designed per the recommendations of • an acoustical engineer to promote the maximum amount of noise attenuation. 59. Lots located east of the proposed wall shall waive noise impacts in acknowledgement of view preservation.. 60. That all on site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Department. 61. That fire vehicle access, including the proposed planter islands, shall be approved by the Fire Department. 62. Prior to the issuance of any building permits for the site, the applicants .shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available. 63. That prior to the recordation of the final tract map, the applicant shall dedicate land or pay a fee in -lieu thereof, or both, for, park and recreation purposes, in accordance with Chapter . 19.50 of the Newport Beach Municipal Code ( "Park Dedication "). -25- r c�?n ;K0 City, of �o October 20, 1983 t Beach 64. Existing onsite drainage facilities shall be improved or upgraded to the satisfaction of the City. 65. Exposed slopes shall be planted as soon as possible to reduce erosion potential. 66. Prior to issuance of any building permits the applicant shall deposit kith the City Finance Director, the sum proportional to the percentage of future additional traffic related to the project in the subject area. This deposit shall be used for the construction of a sound attenuation barrier on the southerly side of Coast Highway in the West Newport Area and in the Irvine Terrace Area. 67. Fire hydrants and other fire - fighting appurtenances shall be strategically sited for • easy access and use and approved by the City of Newport Beach Fire Department. 68. Such individual measures such as the use of fire - retardant building and plant materials and the installation of smoke detection systems shall be utilized. 69. That any cul -de -sac, building address, and street name shall comply with City standards and shall be approved by the Fire Department. 70. That the Fire Department access shall be approved by the Fire Department. 71. Police service shall be enhanced through the provision of adequate street lighting and clearly marked street names and house numbers. 72. High grade security hardware shall be provided in the building design. . 73. The applicant shall review, and to the maximum extent practicable incorporate the potential energy mitigation measures described in Appendix I . of the Big Canyon Area No. 10 - Certified Final EIR, to the satisfaction of the Planning Director. -26- MINUTES INDEX v m m m C • IIIIIIII October 20, 1983 of. Newport Beach 74. .Domestic hot water systems, shall be designed to utilize alternative energy sources (e.g., solar energy collectors). Should such systems be deemed infeasible at the time of initial construction, building design shall incorporate provisions to allow them to be easily accommodated /installed at a later date. 75. That hot water lines in the water recirculation system shall be Insulated. (California Energy Commission regulations.) 76. That the applicant shall consider preparing a landscape plan which allows for views of Big Canyon from San Joaquin Hills Road. 77. That the traffic control plan be a part of the public improvement plans. 78. That all on -site sewers be private. 79. That all structures located adjacent to existing utility easements have deepened footings so that the structure will be stable if the utility is excavated projecting a one -to -one slope up from the flow line of the utility to the edge of structure. 80. That no masonry or wrought iron walls be constructed over or adjacent to. the easements between proposed Lots 2 and 3 and proposed Lots 11 and 12. MINUTES INDEX MINUTES October 20, 1983 Of Beach INDEX Traffic Phasing Plan - National Education Corporation Request to confirm staff's interpretation of the Traffic Phasing Ordinance requirements of the Newport Beach Municipal Code as it relates to the approved Traffic Phasing Plan for the National Education Corporation. TRAFFIC LOCATION: Lots 8, 9 and 10 of Tract No. 5169, located at 4401, 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. ZONE: M -1 -A m APPLICANT: National Education Corporation, Newport Beach • MINUTES October 20, 1983 Of Beach INDEX Traffic Phasing Plan - National Education Corporation Request to confirm staff's interpretation of the Traffic Phasing Ordinance requirements of the Newport Beach Municipal Code as it relates to the approved Traffic Phasing Plan for the National Education Corporation. TRAFFIC LOCATION: Lots 8, 9 and 10 of Tract No. 5169, located at 4401, 4423 and 4443 Birch Street, on the westerly side of Birch Street approximately 700 feet northerly of Dove Street, near the John Wayne Airport. mm APPROVED ZONE: M -1 -A APPLICANT: National Education Corporation, Newport Beach • OWNER: Irvine Industrial Complex, Newport Beach. The discussion opened in connection with this item and Mr. Jeffrey Brill, representing the applicant, appeared before the Commission. Mr. Brill stated that they concur with the action and findings as indicated in the staff report. Motion Motion was made for approval of Exhibit "A ", to sustain All Ayes X X X X X 2 Y. the Action and Findings of the staff report as follows, which MOTION CARRIED: ACTION: 1. Sustain the Findings of staff related to the Traffic Phasing Ordinance and permitted development. FINDINGS: 1. That based upon the Traffic Phasing Ordinance ( "Chapter 15.40 of the Newport Beach Municipal Code ") and City Policy S -1 ( "Administrative • Guidelines for Implementing the TPO "), no additional traffic studies need be prepared. mm APPROVED MMI551(VNtK!) October 20, 1983 7 � r "w. City of Newport Beach 2. That a maximum of 41,250 sq. ft. of development may he constructed on the property. 3. That the development of an office building of 41,250 sq. ft. on this site is consistent with the Newport Beach General Plan as established by GPA 81 -2. 4. That a maximum of 0.5 times the buildable area of the subject property is proposed to be constructed on the site. 5. That a Traffic Study was approved for the project site by the Planning Commission and their actions were sustained by the City Council. • 6. That the Planning Commission waived the require- ments that a parcel map be filed if certain conditions were met and the applicant has met said conditions. 7. That the General Plan will require the applicants to pay their "fair- share" of Circulation System Improvements as may be established by the City Council at the time of future discretionary actions. -29- MINUTES INDEX COMMISSIONERS MINUTES October 20, 1983 n x 9 Y 0 m m o %. City of Newport Beach ROLL CALL INDEX Request to permit additions and alterations to an Item #8 existing non - conforming single family dwelling that encroaches 1' -1" into the required three foot southwesterly side yard setback area. The existing garage encroachment will be removed and replaced with a legal sized garage that conforms to the required setbacks while 34 feet of the existing structure which encroaches 1' -I" into the southwesterly 3 foot side MODIFI- yard setback area is proposed to remain. CATION LOCATION: Lot 152, Subdivision of Block A, East (AY Newport Tract,. located at 332 Buena Vista Boulevard, on the southeasterly side of Buena Vista Boulevard, between Edgewater Avenue and West Bay Avenue, on the Balboa Peninsula. ZONE: R -1 • 1111 IA Same as applicantsey Weston, Balboa Mr. William Laycock, Current Planning Administrator, presented background information on the modification appeal. He stated that staff is of the opinion that the proposed project does not meet the open space option requirement. He stated that in the event the appeal were to be approved, the open space option requirement would have to be maintained. Mr. Laycock stated that the six foot high fence which has been constructed on the property line does meet the Code requirements, however, it restricts the light and air between the structures both physically and visually. The public hearing opened in connection with this item and Mr. Gordon Glass, architect, representing the applicants, appeared before the Commission. Mr. Glass stated that he was disappointed with the context of the staff report. He referred to Page 3 of the staff report and stated that the proposed project will • provide 3,460± cubic feet, where 3,456 cubic feet is required. -30- DENIED MMISSIONERS " October 20, 1983 X m ° A. City of Newport Beach MINUTES ■ ROLL CALL I I I I J i l l I INDEX Mr. Glass referred to Page 4 of the staff report and stated that the statements relating to dry rot are purely supposition on the part of staff. He stated that the structure is sound and referred to a Building Department report dated February 20, 1979, which describes the sound structural condition of the building. Commissioner Balalis asked Mr. Glass to explain to the Commission why it would be more beneficial to the City, the neighborhood and the applicant to approve the modification request, rather than to deny said request. Mr. Glass stated that economics are an integral part of life. He stated that the structure is sound and is probably better constructed than newer buildings. He stated that it would not be economically feasible to demolish the house or move the entire house from the required 3 foot side yard. • Mr. Glass stated that by allowing the applicants to remodel the house where it is, the encroaching wall's potential fire hazard would be largely eliminated. He also stated that they would install brick tiles on the exterior and steel frame windows with wire glass to further ensure fire protection. He stated that the proposed structure would become more fireproof than the average residence. Chairman King stated that the staff's comments relating to dry rot are based on past structures in the area where dry rot has been discovered. He stated that in this particular instance, the structure in question is constructed of wood and is located directly on the bayfront. He further stated that it has been over four years since the Building Department has inspected the structure. Mr. Glass stated that he recently remodeled a structure located in the immediate vicinity which was built during the 40's and it did not contain dry rot. Commissioner Goff stated that the proposed remodeling would reveal whether or not there was any dry rot. Mr. Glass concurred and stated that if dry rot was discovered; it would be taken care of. • -31- MMISSIONERS October 20, 1983 Commissioner Goff suggested 'a condition which would require that if dry rot were to be discovered, the wall would have to be reconstructed 13 inches back from its current location. Mr. Glass stated that this would necessitate demolishing or moving the entire building. He stated that it would be economically prohibitive to move the entire building 13 inches. Commissioner Balalis stated that this problem is not unique in that there is an entire block located on the Peninsula where the structures encroach into required yard setbacks. He stated that the architect should have designed a structure which would allow for adequate light and air between the buildings. Mr. Glass stated that the structure is currently a vertical line two -story building in which cut -outs would not be feasible. In response to a question posed by Commissioner • Balalis, Mr. Glass stated that the surrounding neighbors had indicated to the applicant that they were in favor of the proposed request. In response to a question posed by Commissioner Person, Mr. Laycock stated that public hearing notification was sent to all property owners within 100 feet of the subject request. Motion X Motion was made to sustain the decision of the Ayes X X X X Modifications Committee, subject to the following Noes Findings for Denial, which MOTION CARRIED: • FINDINGS: 1. That the proposal to retain 34 feet of an existing encroachment of l' -1 "± into the required three foot southwesterly side yard setback area would be detrimental to persons, property and improvements in the neighborhood, and that the applicants' request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. -32- MINUTES INDEX 3 x � r v m m City of Newport Beach Commissioner Goff suggested 'a condition which would require that if dry rot were to be discovered, the wall would have to be reconstructed 13 inches back from its current location. Mr. Glass stated that this would necessitate demolishing or moving the entire building. He stated that it would be economically prohibitive to move the entire building 13 inches. Commissioner Balalis stated that this problem is not unique in that there is an entire block located on the Peninsula where the structures encroach into required yard setbacks. He stated that the architect should have designed a structure which would allow for adequate light and air between the buildings. Mr. Glass stated that the structure is currently a vertical line two -story building in which cut -outs would not be feasible. In response to a question posed by Commissioner • Balalis, Mr. Glass stated that the surrounding neighbors had indicated to the applicant that they were in favor of the proposed request. In response to a question posed by Commissioner Person, Mr. Laycock stated that public hearing notification was sent to all property owners within 100 feet of the subject request. Motion X Motion was made to sustain the decision of the Ayes X X X X Modifications Committee, subject to the following Noes Findings for Denial, which MOTION CARRIED: • FINDINGS: 1. That the proposal to retain 34 feet of an existing encroachment of l' -1 "± into the required three foot southwesterly side yard setback area would be detrimental to persons, property and improvements in the neighborhood, and that the applicants' request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. -32- MINUTES INDEX COMMISSIONERS MINUTES October 20, 1983 � x � m m City of Newport Beach ROLL CALL INDEX 2. That other residential properties adjoining the site generally observe the required 3 foot side yard setback. 3. The proposed development includes the construction of a new facade, windows, and. roof on the non - conforming wall.. The approval of this request would therefore perpetuate said existing non - conforming wall that encroaches one foot, one inch into the required side yard setback. 4. The Uniform Building Code would not permit the proposed construction on the southwesterly wall. • - Request to amend a previously approved use permit that permitted interior and exterior alterations to an existing, non- conforming "take -out" and "outdoor" restaurant (i.e., Newport Burger) . The proposed amendment is a request to add the service of beer and wine in conjunction with the restaurant use. LOCATION: Lots 3 and 4, Block 8, Seashore Colony- Item #9 USE PERMIT NO. 1776 Tract, located at 6800 -A West Coast (AMENDED) Highway, on the northwesterly corner of West Coast Highway and Orange Street, in the Newport Shores Specific Plan Area. ZONE: SP -4 APPLICANTS: Alex and Glenda Lamy, Newport Beach DENIED - OWNER: Johannes Boelhouwer, Newport Beach The public hearing opened in connection with this item and Ms. Joanne Harrold, representing the applicants, appeared before the Commission. Ms. .Harrold stated that even with the proposed additional seating, the applicant will still be providing more space than other restaurant uses in the vicinity. She referred to the beer and wine request and stated that the hours of operation of Newport Burger, must be taken into consideration. She stated that during the winter -33- MMISSIONLKS October 20, 1983 n 7c F S v m m m m 0 w. City of Newport Beach MINUTES ■ RLL CALL I 11 I Jill I INDEX months Newport Burger closes at 5:00 p.m. and during the summer months Newport Burger closes at 6:00 p.m. She further stated that the service of beer and wine would only be incidental to the food service. Ms. Harrold stated that the parking is generally more of a problem during the evening hours when persons are home from work. She stated that Newport Burger is open during the daytime hours and provides four parking spaces for the restaurant use, along with available parking on West Coast Highway and Orange Avenue. Ms. Harrold submitted a petition in favor of the proposed request containing 38 signatures of surrounding residents. She referred to the two letters contained in the staff report which are not in favor of the proposed request, and stated that they did not list their addresses and one of the letters was not signed. • Commissioner Goff expressed his concerns with the traffic and parking problems which currently exist in the area. He stated that if this were an original request to establish a restaurant facility at this location, he would oppose such an application. Motion X Motion was made for denial of Use Permit No. 1776 (Amended), subject to the findings of Exhibit "A ". • Chairman King stated that he concurs with the concerns expressed by Commissioner Goff. He stated that street parking is not normally considered when making a decision on such an application. He also stated-that the petition submitted seems . to indicate that there is not an opposition to the service of beer and wine at this location. Commissioner Salalis suggested that the request for the additional seating, and the request for the service of beer and wine be voted upon separately. Commissioner Goff stated that his motion for denial is based upon an opposition to any intensification of use at this location. -34- MMISSIONERS October 20, 1983 i x v m m City of Newport Beach In response to a question posed by Commissioner Balalis, Mr. Lamy, the applicant, stated that Newport Burger is not a destination facility, but rather services the adjoining neighborhood, local merchants and visiting tourists of the immediate area. Commissioner Person asked Mr. Lamy if he would be agreeable to a definite closing time of 8:00 'p.m. if the service of beer and wine were to be granted. Mr. Lamy stated that the latest they stay open is 6:00 p.m. and therefore such a condition.would be acceptable. Chairman King stated that he would be opposed to the request for additional seating, however, he would not be opposed to the service of beer and wine at this facility, given the limited hours of operation. • Commissioner Balalis stated that in this particular case, the request for additional seating may be beneficial, in that patrons of the restaurant use can sit down and utilize the facility, rather than eating their food and dispensing of the trash on the beach or the streets. Mr. Lamy stated that they are requesting modular tables which require less area than standard tables. In response to a question posed by Chairman King, Mr. Lamy stated that the parking spaces are designated for the restaurant use, with a time period and a tow away zone sign which is posted. Commissioner Person suggested that the Commission impose a condition which would prohibit off - sale.beer and wine. Substitute Substitute Motion was made to approve Use Permit No. Motion x 1776 (Amended) , with the provision that the service of Ayes X X ..X beer and wine be no later than 8:00 p.m. daily in Noes Y X X % conjunction with the restaurant use, off -sale beer and wine shall be prohibited, and the request for . additional seating be denied, which SUBSTITUTE MOTION FAILED. -35- MINUTES INDEX MINUTES October 20, 1983 1 • INDEX Commissioner Goff stated that this commercial establishment is located directly on West Coast Highway which is an extremely busy street, particularly during the summer months. He stated that the establishment provides a total of four parking spaces which are non - conforming. He stated that any intensification of use at this location, is inappropriate. All Ayes XX IX I �y XI I Commissioner Goff's original motion for denial of Use I Permit No. 1776 (Amended) , subject to the Findings of Exhibit "A ", was now voted on, which MOTION CARRIED: FINDINGS: 1. That approval of the request to waive a portion of the development standards for the proposed take -out facility as set forth in the Code would be detrimental to adjacent properties or improvements. Specifically, inadequate parking • and vehicular circulation exists in conjunction with this development. 2. That the establishment, maintenance or operation of the use or building applied for will, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City, inasmuch as the proposed development could result in a significant increase in the intensity of use of the subject property. • V I I I -36- X v m m 3 ry c m p City 3 0 9 m ui VI October 20, 1983 1 • INDEX Commissioner Goff stated that this commercial establishment is located directly on West Coast Highway which is an extremely busy street, particularly during the summer months. He stated that the establishment provides a total of four parking spaces which are non - conforming. He stated that any intensification of use at this location, is inappropriate. All Ayes XX IX I �y XI I Commissioner Goff's original motion for denial of Use I Permit No. 1776 (Amended) , subject to the Findings of Exhibit "A ", was now voted on, which MOTION CARRIED: FINDINGS: 1. That approval of the request to waive a portion of the development standards for the proposed take -out facility as set forth in the Code would be detrimental to adjacent properties or improvements. Specifically, inadequate parking • and vehicular circulation exists in conjunction with this development. 2. That the establishment, maintenance or operation of the use or building applied for will, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City, inasmuch as the proposed development could result in a significant increase in the intensity of use of the subject property. • V I I I -36- COMMISSIONERS MINUTES October 20, 1983 g r a m m n ° A City of Newport Beach ROLL CALL rM I INDEX Request to consider the revocation of a previously approved use permit which permitted the establishment of an automobile sales and service facility in the C -1 -H District. Said revocation proceedings are for failure to comply with required conditions of approval. LOCATION: Lots 39 through 42 of Tract No. 1210, located at 1200 West Coast Highway, on USE PERMIT NO. 1987 I the northerly side of West Coast Highway, across from the Balboa Bay (Revo- Club. cation) ZONE: C -1 -H APPLICANT: Albert Mardikian Engineering, Inc./ Trend Import Sales, Inc., Newport Beach OWNER: Same as applicant Continued • to Novem- ber 10, The public hearing opened in connection with this item 1983 and Mr. John Allison, attorney, representing the applicant, appeared before the Commission. Mr. Allison stated that Mr. Stan Kostecki, the applicant's architect, is also present to answer any questions. Mr. Allison stated that the applicant has complied with the conditions of approval. He stated that the applicant has also signed the dedication form which was provided by the Public Works Department. Therefore, he requested that the revocation procedures be dismissed and the use permit be reinstated in good standing. Commissioner Goff stated that he concurs with staff that the trash dumpster should be located between the two buildings with a six foot high fence screening the dumpster from West Coast Highway. Mr. Allison stated that the applicant is agreeable to this condition. Commissioner Person referred to the irrevocable offer of dedication signed by the applicant and stated that the applicant has made the dedication conditional. He stated that he was not aware that an irrevocable offer • of dedication could be made conditional. -37- MINUTES 3 October 20, 1983 � x � m m F m w. City of Newport INDEX Mr.'Allison stated that the company has formally filed a petition for reorganization under Chapter 11 of the U.S. Bankruptcy Code, which was dismissed on October 17, 1983. He stated that the limitation of the condition is that the applicant is the holder of a long term lease on the premises. He stated that the dedication does not include the interest of the feeholder, but that the dedication exclusively applies to the leasehold interest, as originally required in the use permit. In response to a question posed by Commissioner Person, Mr. Allison stated that the feeholders of the property are Mr. and Mrs. Mardikian. Mr. Don Webb, City Engineer, stated that in this instance, the leasehold and the feehold.interest is the same, that of Mr. Mardikian, with the exception of his wife. Mr. Webb stated that at the time the applicant . applied for the amended use permit, the Public Works Department was not informed that the applicant also owned the property. He stated that had the Public Works Department been informed by the applicant that he now owned the property, a dedication form for the leasehold and feehold interest would have been provided. Mr. Richard Nichols, resident of 519 Iris Avenue, appeared before the Commission. Mr. Nichols expressed his concern that the irrevocable offer of dedication constitutes the taking of property without due process of law. He stated that the owner of the property receives no refunding or monetary value for the property. He stated that in order for the applicant to do business or stay in business in the City, the applicant must dedicate a large amount of property. Mr. Robert Gabriele, Assistant City Attorney, stated that when an applicant seeks a discretionary permit from the City, it is a privilege, not a right. He stated that if the operational characteristics of the subject application intensifies traffic, parking, and so on, it is reasonable for the City to impose a condition which would require the dedication of a portion of the property for ultimate street widening - purposes. I I I I I I 1 1 -38- COMMISSIONERS J � r m m City VI o m S o October 20, 1983 Mr. Nichols stated that staff has not proven that the request will intensify the use. He stated that the taking of real property by the City and revoking the applicant's use permit will deny the applicant the right to his livelihood. Commissioner Goff stated that the applicant agreed to the conditions which were originally imposed on the use permit in 1981. Staff concurred. Mr. Webb stated that the applicant is now the owner of the property, as opposed to in 1981, when the applicant was only the leaseholder. Mr. Allison stated that this is not relevant. Chairman King stated that had the Public Works Department been informed that the owner of the property was also the leaseholder, a different form would have been provided to the applicant. Commissioner Goff asked if the applicant is now willing to dedicate his fee interest in the easement. Mr. • Allison stated that this is not relevant in that this is a public hearing relating to a revocation. He stated that the applicant has met.all of the conditions of approval. He stated that if the City wishes to request that the applicant dedicate his fee interest, the City is welcome to do so. Mr. William Laycock, Current Planning Administrator, stated that the applicant has submitted a resubdivision application to be heard on November 10, 1983, which will combine four lots into one building site. He stated that perhaps at that time, the dedication requirement could be made a condition of the resubdivision approval. Commissioner Balalis stated that it would be more appropriate to consider the dedication requirement during the resubdivision proceedings. Chairman King suggested that all of these issues be resolved together at the November '10, 1983 meeting. Mr. Allison stated that this would not be appropriate in that the continuance would be conditioning one action upon another action. He requested that the revocation be dismissed because the applicant has substantially complied with the conditions. • -39- MINUTES INDEX 3 � v m m 3 d C N 0 MINUTES L October 20, 1983 Beach INDEX Motion Motion was made to continue the revocation of Use Permit No. 1987 to the Planning Commission Meeting of November 10, 1983, so that the issues which have been discussed can be resolved. Commissioner Person stated that the original approval of the use permit required the applicant to execute an irrevocable offer of dedication, whether it be leasehold or feehold dedication. He stated that the applicant has not complied with the required condition and therefore, Commissioner Person offered the following Substitute Motion: Motiontute I I XI I I I I Substitute Motion was made to recommend to the City Council that Use Permit No. 1987 be revoked. Mr. Stan Kostecki, the applicant's architect, stated that the applicant has complied with the conditions. • He further stated that one action should not be contingent upon another action. Chairman King stated that the City had been unable to get any action from the applicant, until the applicant had been threatened with a revocation. He stated that the City recently discovered that the leaseholder is also the feeholder of the property. He stated that when the City mailed the applicant the dedication form, the City was not aware of the change. He stated that before this can be voted upon, the Commission must be satisfied that these matters are resolved. Mr. Reginald Pierce, the new General Manager of Trend Imports, appeared before the Commission. Mr. Pierce stated that this location has been operating as an automobile sales facility for many years. He stated that he has met with staff and has been working hard to ensure that the conditions of approval are met. Mr. Allison stated that since this location has been operating as an automobile sales facility for many years, the applicant is not intensifying the use. He stated that any change in fee interest is irrelevant to the original conditions of the use permit or to the revocation hearing. -40- MMISSIONERS October 20, 1983 � x v m C m m m. City of Newport Beach o .moo MINUTES 0 ROLL CALL I I I I I I I I I INDEX I Commissioner Balalis referred to the Planning Commission Minutes dated April 23, 1981, and stated that the condition requires that the "applicant" make the dedication, not Mr. Mardikian. He stated that Mr. Mardikian has since acquired the property and is now the leaseholder and feeholder. He stated that the matter currently before the Planning Commission is the violation of the use permit by Trend Imports .sales, Inc. Commissioner Person referred to Condition of Approval No. 6 of the Planning Commission Minutes dated April 23, 1981, and stated that the condition requires that the applicant shall dedicate to the City the applicant's interest in the 12 -foot wide strip of land. He stated that at this point, the City has not obtained this dedication from the applicant. The applicant has only submitted a conditional dedication to the City. • In response to .a question posed by Commissioner Balalis, Mr. Gabriele stated that.the applicant has not provided the City with an unconditional irrevocable offer of dedication. Mr. Webb referred to Mr. Mardikian's letter dated October 7, 1983, contained in the staff report, and clarified that the right -of -way would be utilized for street and highway purposes, including drainage or other public utility purposes. Mr. Allison disagreed and stated that the intention of the easement is for the future widening of the highway. Commissioner Balalis recommended the continuance of this item and suggested that during this time, the applicant provide, the City with an unconditional irrevocable offer of dedication. Commissioner Kurlander concurred and stated that the applicant has had two years, since the initial hearing on the use permit, to comply with these conditions. Chairman King stated that in the event this item were to be continued, the applicant would be requested to . provide the City with an unconditional irrevocable offer of dedication and provide the City with a copy of the bankruptcy judgement. -41- CALL October 20, 1983 � x � r v m m m q. City of Newport Beach Mr. Gabriele suggested that a timeframe be imposed upon the applicant for the relocation of the trash dumpster and the additional fencing. Commissioner Balalis suggested that these items be taken care of before the next Planning Commission meeting. All Ayes I Chairman King's original motion for a continuance on this item, to the Planning Commission Meeting of November 10, 1983, was now voted on, which MOTION CARRIED. * * * The Planning Commission recessed at 9:30 p.m. and reconvened at 9:40 p.m. I I I I I I I ** • Resubdivision No. 745 (Public Hearing) Request to resubdivide .445 acres of land into a single parcel for residential condominium purposes. WED Use Permit No. 3033 (Public Hearing)' Request to permit the construction of a four (4) unit residential condominium development and related garage spaces in the R -3 District. The proposal also includes a request to allow a portion of the development to exceed the 28 foot height limit on the rear one -half of the lot located in the 28/32 Foot Height Limitation District and the acceptance of an Environmental Document. AND Coastal Development Permit No. 3 (Discussion) Request to consider a Coastal Development Permit for the purpose of establishing project compliance for a four unit residential development pursuant to the administrative guidelines for the implementation of the State law relative to low- and - moderate income housing within the Coastal Zone. -42- MINUTES Item #11 All Continued to Novem- 1 her 10, 1983 COM 3 F $ � S m S m c w m October 20, 1983 of Newport Beach MINUTES 0 ROLL CALL I 1 1 1 III I I INDEX • Motion All Ayes • X LOCATION: A portion of Block D of Corona del Mar Tract, located at 311 Carnation Avenue, on the northwesterly corner of Carnation Avenue and Bayside Drive, northeasterly of Seaview Avenue, in Corona del Mar. ZONE: R -3 APPLICANT: M. Petyo and Associates, Irvine OWNER: I Molseed and Rylee, Newport Beach ENGINEER: Same as applicant Chairman King stated that the Planning Commission received supplemental information relating to Coastal Development Permit No. 3 this evening. He stated that the Commission has not had the opportunity to review the additional information and stated that a continuance would be helpful. Members of the audience stated that a continuance would be agreeable. The applicant stated that time is of the essence, however, he stated that he would be agreeable to a continuance to the Planning Commission Meeting of November 10, 1983. Commissioner Goff referred to the letters which were distributed from the law offices of Sikora and Price, and requested that the upcoming staff report respond to buildable acreage, slopes and elevations. Motion was made to continue these items to the Planning Commission Meeting of November 10, 1983, which MOTION CARRIED. -43- y m m 1 m c N p October 20, 1983 of Newport Beach Request to permit the establishment of a take -out restaurant (i.e., Island Style) on property located in the C -1 District. The proposal also includes a request to waive all of the required off - street parking spaces in conjunction with the restaurant use. LOCATION: Lot 9, Block 11, Section 4, Balboa Island Tract, located at 216 Marine Avenue, on. the easterly side of Marine Avenue, between Balboa Avenue and Park Avenue, on Balboa Island. ZONE: C -1 APPLICANT: Rene Aguirre, Newport Beach OWNER: John Aschieris, Santa Ana • The public hearing opened in connection with this item and Mr. Rene Aguirre and Mr. Mike Thorton, the applicants, appeared before the Commission. Mr. Thorton stated that in June of this year, the City's Code.Enforcement Officer visited the site and approved the operation. He stated that after two months of business, they installed tables for the convenience of their customers. He stated that within a few days after the tables were in place, they received a letter from the City's Code Enforcement Officer which stated that a use permit would be required because of the seating. C1 Mr. Thorton submitted to the Commission a petition in support of the take -out operation with inside seating, which contained 90 signatures from surrounding businesses and residents of the area. He also stated that he has not received any complaints regarding the operation. Mr. Thorton stated that the Planning Commission has . recently approved three similar applications in the area and waived the required off - street parking spaces. He stated that their take -out operation is not a destination point, but rather serves the surrounding businesses and residents of the area. -44- MINUTES INDEX USE..PERMITI NO. 3061 DENIED MMISSIONERS October 20, 1983 MINUTES ■ ROLL CALL I I I I 1 1 1 1 I INDEX Mr. William Laycock, Current Planning Administrator, stated that a delicatessen, which is similar to a market, would be a permitted use in a commercial district without the requirement of the approval of a use permit. He discussed the differences between a delicatessen and a take -out restaurant. Mr. Laycock stated that the addition of seating intensifies the use. He referred to Exhibit "B ", Condition No. 5 and suggested the following wording, "That no tables or chairs for public use shall be permitted in conjunction with the approval of this application." He stated that this would be consistent with the approval of the Haagen -Dazs ice cream operation on Marine Avenue. Mr. Thorton stated that all of their food items are wrapped to go, the beverages all have lids , placed on them and at the time the City approved the operation, • none of the food was eaten on the premises. He stated that the tables will only be utilized for the convenience of the customers, and there will not be waitresses to serve the customers. He stated that all of their food will still be packaged and that no open food will be sold. In response to a question posed by Commissioner Goff, Mr. Laycock stated that a delicatessen operation would not require a use permit at this location. Mr. Laycock stated that there is a fine line which constitutes the difference between a delicatessen and a take -out restaurant. He stated that the addition of tables creates either a take -out restaurant, or .a typical restaurant with seats, and both situations require the approval of a use permit. Mr. Thorton stated that back in June they had told the City's Code Enforcement Officer that the tables on the patio area would be utilized in conjunction with the take -out operation. He stated that the Code Enforcement Officer approved the operation. In response to a question posed by Commissioner Person, Mr. Laycock referred to the Zoning Code and discussed the description of a take -out restaurant. • -45- � x v m m A. City of Newport Beach MINUTES ■ ROLL CALL I I I I 1 1 1 1 I INDEX Mr. William Laycock, Current Planning Administrator, stated that a delicatessen, which is similar to a market, would be a permitted use in a commercial district without the requirement of the approval of a use permit. He discussed the differences between a delicatessen and a take -out restaurant. Mr. Laycock stated that the addition of seating intensifies the use. He referred to Exhibit "B ", Condition No. 5 and suggested the following wording, "That no tables or chairs for public use shall be permitted in conjunction with the approval of this application." He stated that this would be consistent with the approval of the Haagen -Dazs ice cream operation on Marine Avenue. Mr. Thorton stated that all of their food items are wrapped to go, the beverages all have lids , placed on them and at the time the City approved the operation, • none of the food was eaten on the premises. He stated that the tables will only be utilized for the convenience of the customers, and there will not be waitresses to serve the customers. He stated that all of their food will still be packaged and that no open food will be sold. In response to a question posed by Commissioner Goff, Mr. Laycock stated that a delicatessen operation would not require a use permit at this location. Mr. Laycock stated that there is a fine line which constitutes the difference between a delicatessen and a take -out restaurant. He stated that the addition of tables creates either a take -out restaurant, or .a typical restaurant with seats, and both situations require the approval of a use permit. Mr. Thorton stated that back in June they had told the City's Code Enforcement Officer that the tables on the patio area would be utilized in conjunction with the take -out operation. He stated that the Code Enforcement Officer approved the operation. In response to a question posed by Commissioner Person, Mr. Laycock referred to the Zoning Code and discussed the description of a take -out restaurant. • -45- October 20, 1983 � r � m m m City of Newport Beach o moo Mr. Thorton stated that there is a problem with dirty sidewalks on Balboa Island. He stated that the proposed use would be an. asset to the community, in that the patrons would have the option of eating the food and disposing of the waste inside the facility, rather than on the sidewalks or in the street. Chairman King stated that in order for the applicant to provide tables within the establishment, the applicant had to remove storage racks and cold cases which were utilized in conjunction with the original health food market. He stated that during the summer there was also an airbrush t -shirt vendor utilizing the patio area. Mr. Thorton stated that the airbrush vendor is no longer utilizing the patio area. He stated that they are agreeable in stipulating that this would not occur again. In response to.a question posed by Commissioner Person, • Mr. Thorton stated that they do have a City business license. Mr. Aguirre stated that the license is for a health market with packaged food. Mr. Laycock stated that a health market with packaged food would not require a use permit, whereas a take -out food restaurant would require a use permit. Mr. Thorton stated that they have invested over $40,000 in upgrading the facility and setting up the business. He stated that they would not have spent so much money had they known the use could not operate at this location. Chairman King stated that if the intent of the tables is only for the convenience of the customers, then why are the tables essential to the business. Mr. Thorton stated that the intent of the tables are for the convenience of the customers. Mr. Thorton further stated that they have not experienced an increase in the business by the use of the tables. Chairman King stated that the use of the.tables changes the operational characteristics of the operation to a take -out or sit -down restaurant which requires a use permit and the waiver of required parking spaces. He • stated that the use of tables invites additional persons to visit and remain on the premises which constitutes an intensification. -46= MINUTES I INDEX MNUSSIONERS October 20, 1983 7 r 9 m m m m o %. City of Newport Beach Mr. Thorton asked if a shelf against the wall would be acceptable so that the patrons could stand up and eat their food over the shelf. Chairman King stated that such a shelf was .denied for the Haagen -Dazs application which is located on the same street. In response to a question posed by Commissioner Goff, Mr. Laycock stated that the original use of a health food market is acceptable at this location and does not require a use permit, but, that if the majority of the business is take -out food, a use permit would be required. Commissioner Goff stated that a delicatessen operation is distinguished by.the type of merchandise sold and also handles food in bulk. Commissioner Balalis asked if a health food market which also contains tables.or a shelf for the service of food, would be considered a take -out restaurant or a delicatessen. Mr. Laycock stated that if tables, chairs or counter space is added to a use, it has been staff's interpretation that a use permit for a take -out • restaurant would be required. He stated that the Commission has the authority to waive the parking requirements for take -out restaurant uses. Mrs. Shirley Packard, resident of 1305 Park Avenue, appeared before the Commission and stated that there are too many take -out restaurants located on Marine Avenue. She stated that the proposed use will further add to the deterioration of Marine Avenue. Ms. Betty Banto, proprietor of Sugar -N -Spice take -out restaurant, located at 310 Marine Avenue, stated that in 1979 she was denied a use permit request to expand her take -out restaurant operation by the Planning Commission, because there was not adequate parking. Therefore, she stated that the applicant should not be granted a use permit. Ms. Wilma Staling, address unknown, stated that she has no objections to the health food store, however, she stated that she is opposed to the take -out food operation. She stated that the parking problem must be satisfied before uses of this nature can be approved. Mr. Thorton pointed out that two of the three persons • testifying are also in the food service business on Balboa island. He stated that Balboa Island is a self - contained community which the proposed use will service. -47- MINUTES I INDEX cOM ry9 e N m �w�axp_ o mao October 20, 1983 of Newport Beach Mr. Thorton noted that of the 91 property owners notified of the public hearing, only 41 of them are actual residents of Balboa Island and 50 of them are non - residents. Motion Motion was made for denial of Use Permit No. 3061, All Ayes x X subject to the following Findings, which MOTION CARRIED: FINDINGS: 1. That approval of the request to waive a portion of the development' standards for the proposed take -out facility, as set forth in the Code, would be detrimental to adjacent properties or improvements. 2. That the proposed take -out restaurant represents • an intensification of use that will result in an increased parking demand for the area. 3. That the proposed development is detrimental to the safe and continuous flow of vehicular traffic on Marine Avenue. Added congestion will also be encountered due to increased demand for parking in an area with already limited parking capacities. 4. The approval of Use Permit No. 3061 will, under the circumstances of this 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 of the general welfare of the City. • • r -48- MINUTES I INDEX COMMISSIONERS MINUTES October 20, 1983 3 5� e o m City of Newport Beach LL CALL I I I I Request to convert the former "Corrigan's Seafoods" rjItem retail /warehouse building into a travel agency and marine related office uses in the M -1 District. The proposal also includes a request to waive a portion of the required off - street parking spaces, and the approval of an off -site parking agreement for the remainder of the required parking spaces. A modification to the Zoning Code is also requested so as to allow five compact parking spaces on the off -site USE PERMIT parking lot. NO. 3063 LOCATION: Project Site: Lots 1, 2, Block 425, Lancaster's Addition, located at 2800 Lafayette Avenue on the northeasterly corner of 28th Street and Lafayette Avenue, in Cannery Village. Motion Ayes Abstain I 1 Off -Site Parking Site: Lots 27 and 28, Continued Block 225, Lancaster's Addition, located to Nov - at 2800 Villa Way, on the northeasterly ember 10, corner of Villa Way and 28th Street, in 1983 Cannery Village. ZONE: M -1 APPLICANT: Ruth Zimmerman, Newport Beach OWNERS: Nicholas H. and Jane M. Delaney, Riverside Staff advised the Commission that the applicant has requested that this item be continued to the Planning Commission Meeting of November 10, 1983. IXIXIXI Motion was made to continue this item to the Planning X X X Commission Meeting of November 10, 1983, which MOTION X CARRIED. ref l -49- COMMISSIONERS MINUTES October 20, 1983 gi p p. City of Newport Beach o W�a ROLL CALL I INDEX Request to establish a take -out restaurant on property (Item #14 located in the C -1 -H District and to waive a portion of the required off - street parking spaces. LOCATION: A portion of Record Survey 27 -47, located at 4547 West Coast Highway, on the southerly side of West Coast Highway, near the intersection of west Coast Highway and West Balboa Boulevard, in West Newport. ZONE: C -1 -H APPLICANT: Su Chang Kim, Irvine OWNER: Thomas Rogers, Newport Beach The public hearing opened in connection with this item . and Su Chang Kim, the applicant, appeared before the Commission and requested approval of the use permit. Mr. Kim stated that the use is located in an existing shopping center which contains 97 parking spaces. In response to a question posed by Commissioner Goff, Mr. Laycock, Current Planning Administrator, stated that the service station is situated on a separate parcel from the Triangle Shopping Center. Mr. Laycock stated that it is difficult to enforce as to where persons utilizing the service station facility park their cars. In response to Commissioner Goff's concern relating to the parking, Mr. Kim stated that approximately 90 percent of his customers are walk -ins. He stated.that his facility will not create a parking problem. Commissioner Person asked staff if there is any criteria established relating to trash compactors for such uses. Mr. Laycock stated that trash compactors . are normally required for ice cream facilities, because of the large ice cream cartons which are utilized. Commissioner Balalis, stated that this particular shopping center provides large dumpsters and therefore the trash compactor condition would not be appropriate. • -50- TTSP. PF.RMTT 1 Nu. JVb4 APPROVED CONDI- TIONALLY M/V\ISSIONERS October 20, 1983 n 7C r v m m m m y. City of Newport Beach In response to a question posed by Chairman King, Mr. Kim stated that he would be agreeable to a condition which would require that the arcade game operation be licensed by the City's Licensing Division. Motion X Motion was made for approval of Use Permit No. 3064, All Ayes X X 7f X X X X subject to the following findings and conditions, including a condition that the applicant be required to license the arcade operation, which MOTION CARRIED: FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. • 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to a portion of the parking, parking lot illumination, circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That the proposed use does not represent an intensification of use that will result in an increased parking demand for the area. 5. The approval of Use Permit No. 3064 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. • -51- MINUTES INDEX MINUTES October 20, 1983 M CONDITIONS: Beach INDEX 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That the development standards related to a portion of the required off - street parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements, are waived.. A � r c O 3. That no on -sale or off -sale alcoholic beverages be m a w i n g 0 ro sold or consumed on the premises unless the MINUTES October 20, 1983 M CONDITIONS: Beach INDEX 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That the development standards related to a portion of the required off - street parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements, are waived.. 8. That kitchen exhaust fans shall be designed to control odors and smoke if required by the Building.Department. 9. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or storm drains if required by the • Building Department. -52- 3. That no on -sale or off -sale alcoholic beverages be sold or consumed on the premises unless the Planning Commission approves an amendment to this use permit. 4. That the hours of operation shall be from 11:00 • a.m. to 10:00 p.m., daily. 5. That any seating located within the building shall be incidental to the primary take -out operation of the restaurant. 6. That all signs shall conform with the requirements of Chapter 20.06 of the Newport Beach Municipal Code. 7. That the applicant shall obtain required building permits for all alterations made to his portion of the subject building. 8. That kitchen exhaust fans shall be designed to control odors and smoke if required by the Building.Department. 9. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or storm drains if required by the • Building Department. -52- � F � r 9 m W m C 9 m a; > > > m w October 20, 1983 7611 t Beach 10. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Department. 11. That trash receptacles shall be provided in convenient locations inside and outside of the subject building. 12. That the Planning Commission may add and /or modify Conditions of Approval to this use permit upon a determination that the operation, which is the subject of this use permit, causes injury or is detrimental to the health, safety or welfare of • the community. 13. That all' mechanical equipment and trash areas shall be screened from adjoining streets. 14. That the arcade game operation shall be licensed by the City's Licensing Division. F'i l -53- MINUTES INDEX • Motion All Ayes X X X n u October 20, 1983 of Newport Beach Request to expand the "net public area" of an existing restaurant ( Woody's Wharf) so as to allow the construction of an outdoor deck to be used for dining and drinking purposes. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem parking with valet service for a portion of the required off - street parking and the payment of an annual in -lieu fee to the City for parking in a municipal parking lot. LOCATION: Lots 5 -7, Block 223, Section A. Newport Beach Tract, located at 2318. Newport Boulevard, on the northeasterly side of Newport Boulevard, between 22nd Street and 26th Street in the Cannery Village/ McFadden Square Specific Plan Area. ZONES: C -1 and C -2 APPLICANT: Woody's Wharf, Newport Beach OWNER: Woodrow Payne Estate, Newport Beach Staff advised the Commission that the applicant for this item requested.that this item be continued to the Planning Commission Meeting of November 10, 1983. Motion was made to continue this item to the Planning Commission Meeting of November 10, 1983, which MOTION CARRIED. -54- MINUTES INDEX Item #15 USE PERMITI NO. 3056 Continued to Nov- ember 10, 1983 A r c v m � c m m a m = 7c G'1 • Motion All Ayes X X X n u October 20, 1983 of Newport Beach Request to expand the "net public area" of an existing restaurant ( Woody's Wharf) so as to allow the construction of an outdoor deck to be used for dining and drinking purposes. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem parking with valet service for a portion of the required off - street parking and the payment of an annual in -lieu fee to the City for parking in a municipal parking lot. LOCATION: Lots 5 -7, Block 223, Section A. Newport Beach Tract, located at 2318. Newport Boulevard, on the northeasterly side of Newport Boulevard, between 22nd Street and 26th Street in the Cannery Village/ McFadden Square Specific Plan Area. ZONES: C -1 and C -2 APPLICANT: Woody's Wharf, Newport Beach OWNER: Woodrow Payne Estate, Newport Beach Staff advised the Commission that the applicant for this item requested.that this item be continued to the Planning Commission Meeting of November 10, 1983. Motion was made to continue this item to the Planning Commission Meeting of November 10, 1983, which MOTION CARRIED. -54- MINUTES INDEX Item #15 USE PERMITI NO. 3056 Continued to Nov- ember 10, 1983 CC)MN\bNUNtK5 MINUTES October 20, 1983 � m m w" City of Newport Beach 1�*L CALL INDEX Resubdivision No. 762 (Public Hearing) Item #16 Request to resubdivide an existing lot into a single parcel for residential condominium purposes. AND RESUB- DIVISION Use Permit No. 3066 (Public Hearing) NO. 762 Request to permit the construction of a two -unit residential condominium development and related garage spaces on property located in the R -2 District. AND LOCATION: Lot 10, Block 736, Corona del Mar Tract, . located at 708 Iris Avenue, on the easterly side of Iris Avenue, between Fourth Avenue and Fifth Avenue, in Corona del Mar. .. USE PERMIT ZONE: R -2 NO. 3066 . APPLICANT: The Renaissance Partnership, Costa Mesa OWNERS: Donale and Donna Jalbert, Corona del Mar ENGINEER/ ARCHITECT: The Warkentin Architectural Group, 130TH Irvine A PP OVED CONDI- TIONALLY These items were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Edwin Sauls, representing the applicant, appeared before the Commission and requested approval of these items. He stated that the proposed project exceeds the minimum standards. Mr. William Warkentin, the architect, appeared before the Commission. Mr. Warkentin referred to the Resubdivision Condition of Approval No. 5, relating to the sewer easement, and stated that this condition impacts the deepened footing issue in Condition of Approval No. 6. He stated that they would be willing • I I I I I I I I to work with staff to devise a more cost efficient solution to the problem. -55- MMISSIONERS October 20, 1983 p w. City of Newport Beach MINUTES ■ R O L L CALL 1 1 1 1 1 1 1 1 I INDEX I Mr. Warkentin then referred to Condition No. 6, relating to the raised planter issue, and stated that the raised planters have design significance to the proposed plan. Mr. Donald Webb, City Engineer, stated that planters located over the City's sewer easement presents a problem with root systems. Commissioner Balalis suggested that the architect incorporate the use of relocatable concrete planters to resolve this concern. Mr. Warkentin stated that this would be acceptable. Mr. Webb referred to Condition No. 6 and stated that the Public Works Department. would devise specific wording for this condition which would resolve the raised planter and deepened footings issue. Mr. Warkentin referred to the Use Permit Condition of Approval No. 3, relating to the fence, and stated that the privacy fence is higher than 6 feet above natural grade. He stated that the grading plan has been • submitted and requested that the Commission establish a new natural grade. Mr. William Laycock, Current Planning Administrator, stated that the grade issue was not requested by the applicant at the time he submitted his plans and therefore was not advertised in the public notice. He suggested that the plans be submitted to the Modifications Committee for review at a later date. In response to a question posed by Commissioner Goff, Mr. Warkentin explained the topography of the site and stated that the fence is higher than 6 feet on the applicant's side, but the fence is lower than 6 feet on the adjacent property side. Mr. Warkentin suggested that the adjacent grade be used as the benchmark to establish grade for the site. Mr. Warkentin stated that submitting the plans to the Modifications Committee to establish grade will cost additional money and time. Commissioner Balalis stated that the Planning Commission is not prepared at tonight's meeting to establish grade on the site. He suggested that the Planning Commission approve this item and submit the item back to the Modifications Committee to establish • grade and to review any related modification to the Zoning Code pertaining to permitted fence heights along the side property lines. He stated that by the Planning Commission referring this item to the Modifications Committee, there will not be a filing fee involved. -56- Motion All Ayes MINUTES October 20, 1983 n x � r m City of Newport Beach INDEX JJ[J Motion was made to approve Resubdivision No. 762, X X X subject to the following findings and conditions, with the .revision to Condition No. 6 as provided by the Public Works Department for the usage of relocatable concrete planters, which MOTION CARRIED: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed • improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the .Public Works Department. 4. That all vehicular access be from the adjacent alley. 5. That an additional 6 -foot width of sewer easement be granted to the City to widen the existing 4 -foot sewer easement to 10 feet. The additional 6 -foot dedication can be located on the westerly side of the existing 4 -foot sewer easement, and • I I I I I I ' should be dedicated as a part of the proposed parcel map. -57- MMISSIONERS MINUTES October 20, 1983 � x v m m a w. City of Newport Beach O ry 3 O INDEX 6. That the only planters in the easement area be self- contained and relocatable; that all patio covers, decks and other building encroachments within the easement area be a minimum of 8 -feet clear above finished grade, and that a foundation design acceptable to the Public Works Department which will allow for work on the sewer without endangering the structure, be provided. 7. That all landscaping within the sewer easement be reviewed and approved by the Public Works Department. Motion X Motion. was made for approval of Use Permit No. 3066, All Ayes X X X X X X subject to the following findings and conditions, with the provision that this item be referred to the . Modifications Committee to establish grade and to review related modifications to the Zoning , Code pertaining to permitted fence heights along the side property lines, which MOTION CARRIED: FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time. of approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium • development. ago � r O � m 3 m c m 7c c ? a 3 c Ic October 20, 1983 of Newport Beach 6. The approval of Use Permit No. 3066 will not, under the circumstances of the particular 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. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as may be noted below. 2. That a minimum of one accessible standard parking space and one tandem compact parking space shall be provided for each dwelling unit. 3. That all fences and walls along the side property lines shall not exceed permitted heights of the Zoning Code, unless approved by the Modifications Committee. 4. That this item be referred to the Modifications Committee to establish grade on the property. 5. That all conditions of approval of Resubdivision No. 762 be fulfilled. * x -59- MINUTES INDEX MMISSf0NER5 October 20, 1983 n � r � m m m m m. City of Newport Request to establish a restaurant with on -sale beer and wine on property located in the Harbor View Hills Planned Community. MINUTES INDEX Item #17 LOCATION: Lot 1 of Tract No. 9014, located at 2616 San Miguel Drive, on the southeasterly corner of San Miguel Drive and Ford . Road, in the Newport Hills Shopping USE PERMIT Center. NO. 3067 ZONE: P -C APPLICANT- Pranee Doungchak, South Gate OWNER: The Irvine Company, Newport Beach The public hearing opened in connection with this item APPROVED and Pranee Doungchak, the applicant, appeared before CONDI- • the Commission and requested approval of the use TIONALLY permit. Commissioner Kurlander referred to Condition of Approval No. 11 and suggested that the service of beer and wine be restricted to the premises. Ms. Doungchak stated that this would be acceptable. Motion JJ I I X Motion was made to approve Use Permit No. 3067, subject All Ayes X' X X X X to the following findings and conditions, with a revision to Condition No. 11 which shall restrict the service of beer and wine to the premises, which MOTION CARRIED: FINDINGS: 1. That the proposed development is consistent with the General Plan, and is compatible with surrounding land uses. 2. Adequate off- street parking spaces are being I provided for the proposed restaurant use. • IIIIII11 -60- i F 'I m 3 m c m m C W MINUTES October 20, 1983 INDEX 3. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 4. The Police Department has indicated that they do not contemplate any problems. 5. The approval of Use Permit No. 3067 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. I I I I I I I I 1. That development shall be in substantial ' If conformance with the approved plot plan, floor plan and elevation, except as noted below. 2. That all signs shall conform with the requirements of the Harbor View Hills Planned Community development standards in Area 14. 3. That the applicant shall obtain required building permits for all alterations made to the subject building. 4. That the hours of operation shall not be before 11:00 a.m. or after 10:00 p.m., daily. 5. That a minimum of one parking space for each 40 square feet of "net floor area" in the restaurant facility shall be maintained in the common parking lot. 6. That all mechanical equipment, storage, and trash areas shall be screened from adjoining properties and public streets. 7. That the Planning Commission may add and /or modify conditions of approval to this use permit upon a • determination that the operation, which is the subject of this use permit, causes injury or is detrimental to the health, safety or welfare of the community. -61- n A m c m m 5 m� 0 C p S 6= p m October 20, 1983 of Newport Beach 8. That kitchen exhaust. fans shall be designed to control odors and smoke if required by the Building Department. 9. That a washout area for the restaurant trash containers be provided in such a way as to. insure direct drainage into the sewer system and not into the Bay or storm drains if required by the Building Department. 10. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Department. • 11. That the service of beer. and wine shall be incidental to the primary food service operation and shall be restricted to the premises (i.e. no off -sale beer and wine permitted). No bar area shall be constructed without amending this use permit. I-1 U -62- MINUTES INDEX October 20, 1983 e City of Newport Beach MINUTES INDEX Request to establish a commercial dry cleaners on Item #18 property located in Retail Commercial Site No. 1 (MacArthur Square Shopping Center) of the Newport Place Planned Community. LOCATION: Parcel No. 1 of Parcel Map No. 53 -13 (Resubdivision No. 395) located at 1701 -H Corinthian Way, on . the southwesterly corner of Martingale Drive and Corinthian Way, in the MacArthur Square Shopping Center, located in the Newport Place Planned Community. ZONE: P -C APPLICANT: Value Cleaners, Inc., Long Beach I OWNER: MacArthur Square General Partnership, Irvine APPROV. • CONDI- TIONAL The public hearing opened in connection with this item and Mr. Ed Sahl, representing the applicant, appeared before the Commission, and requested approval of the use permit. Mr. Sahl referred to Condition of Approval No. 6 and stated that the proposed site is .adjacent to the Orange County Airport and any noise impact should not be a problem at this location. He stated that the cost of retaining an acoustical engineer is a concern. Mr. William Laycock, Current Planning Administrator, stated that similar conditions have been applied to other dry cleaning establishments in the past. Commissioner Balalis and Chairman King suggested that the applicant hire a qualified acoustical engineer, which shall demonstrate to the satisfaction of the Planning Director that the noise impact of the project does not exceed existing sound levels at the property lines. Chairman King stated that it is a relatively . inexpensive procedure. Commissioner Person stated that the City can provide the applicant with a list of acceptable acoustical engineers. I i I I I I I Commissioner Goff suggested that the acoustical I engineer be "licensed" rather than only "qualified ". -63- MINUTES October 20, 1983 r � r c c m F 4Y City of Beach INDEX In response to a question posed by Commissioner Kurlander, staff responded that the hours of operation were not listed in the conditions of approval, because the use is located in a commercial area. Motion X Motion was made for approval of Use Permit No. 3068, All Ayes x X X X X subject to the following findings and conditions, with the revision to Condition No. 6 that the applicant hire a licensed acoustical engineer, which MOTION CARRIED: 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 approval of Use Permit No. 3068 will not, under the circumstances of this case be • detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. 3. That the use of chemicals shall be reviewed. and approved by the Fire Prevention Bureau. 4. There shall be no outside storage of materials, supplies or other paraphernalia likely to be objectionable to the adjacent property owners or businesses. 5. That any roof top or other mechanical equipment shall be screened from view and shall be sound • attenuated to be no greater than existing sound levels at the property lines. -64- C0MM1551(-)NtK5 MINUTES October 20, 1983 ro � 5 -o m a m "w. Cit y of Newport Beach LL CALL INDEX 6. That prior to the occupancy of the building, the applicant shall hire a licensed acoustical engineer, which shall demonstrate to the satisfaction of the Planning Director that the noise impact of the project does not exceed existing sound levels at the property lines. 7. That any outdoor trash containers, if proposed, shall be screened from adjoining properties. 8._ That the proposed dry cleaning operation shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. • Proposed General Plan Amendments (Discussion) Item #19 Proposed amendments to the Newport Beach General Plan and Local Coastal Program: a) Carnation School Site, b) Housing Element Update, and c) LCP Implementation. INITIATED BY: The City of Newport Beach RECOMMEND TO CITY COUNNCIL Commissioner Winburn suggested that after all the FOR necessary documents have been prepared, the Planning INITIATION Commission should then set the date for the public hearing. Motion X Motion was made to recommend to the City Council that All Ayes X X X X X X all of the requests for General Plan Amendments be initiated and that the Planning Commission schedule the public hearing after the preparation of any necessary environmental documents, which MOTION CARRIED. is -65- � p C m �a�a� 0 7 J> 0 m N October 20, 1983 0 Beach ADDITIONAL BUSINESS Commissioner Balalis and the Planning Commission discussed the possibility of requiring the applicant's signing conditions of approval on Planning Commission items. Staff will report back to the Commission on this matter. Commissioner Person and the Planning Commission requested staff to prepare a report outlining the differences between a delicatessen and a take -out restaurant. The Planning Commission requested that the City Council direct staff to re- evaluate the in -lieu park dedication fee. Motion X Motion was made to excuse Commissioner Person from the All Ayes, X X X X X X K November 10, 1983, Planning Commission Meeting - All Ayes. There being no further business, the Planning Commission adjourned at 11:15 p.m. 0 x James Person, Secretary City of Newport Beach Planning Commission ENE MINUTES INDEX ADDITIONALI BUSINESS