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HomeMy WebLinkAbout10/24/1985I COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers MINUTES x 0 c o n TIME: 7:30 P.M. = v a a m DATE: October 24, 1955 F0 c m o m z z p z 9 z r m City of Newport Beach a z 0 o r o o A ROLL CALL INDEX xlxixlxl All Commissioners Present. x x � EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Carol Korade, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer . Dee Edwards, Secretary * t Minutes of October 10, 1985 Minutes of Motion was made for approval of the October 10, 1985, 10 -10 -85 M x x x x x Planning Commission Minutes, as amended. Motion voted on, MOTION CARRIED. ii.'! Use Permit No. 3162 (Continued Public Hearing) I Item No.l Request to permit the expansion of the existing E1 UP3162 Torito Restaurant located in the Newport Place Planned Community so as to allow the use of an existing open Approved courtyard for dining and drinking purposes. The Condition - proposal also includes a request to allow the addi- ally tional required off - street parking spaces to be provi- ded on an adjoining office building site under the same ownership as the restaurant site. LOCATION: Parcel 1 of Parcel Map 45 -23 (Resub- division No. 347), located at 4221 Dolphin- Striker Way, westerly of Mac- Arthur Boulevard, between Martingale Way and Newport Place Drive in Newport Place. • ZONE: P -C APPLICANT: Stuart Ketchum, Los Angeles OWNER: Same as applicant -1- October 24, 1965 Of MINUTES t Beach INDEX The public hearing was opened in connection with this item, and Mr. Patrick O'Daly, representing the applicant, appeared before the Planning Commission. Mr. O'Daly stated that the applicant concurs with the findings and conditions of approval in Exhibit "A ". Motion I I I xJxJTh e public hearing was closed at this time. Motion was Ayes x x JxJ made to approve Use Permit No. 3162, subject to the findings and conditions of approval in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the existing restaurant use is consistent with the Land Use Element of the General Plan and with the Planned Community Development Standards for "Newport Place." 2. That adequate parking will be provided for the proposed addition to the restaurant. • 3. That the proposed off -site parking is located so as to be useful in connection with the proposed restaurant operation. 4. That the Police Department has no objections to the proposed expansion. 5. The approval of Use Permit No. 3162 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the restaurant operation shall be in substan- tial conformance with the approved plot plan and floor plan, except as noted below. 2. That a sidewalk be provided between the existing and proposed parking areas and that the pedestrian and vehicular circulation systems be subject to • further review and approval by the City Traffic Engineer. -2- xx c o � £ a 9 m y v r 'M z c m s z ma a zr c� x C 2" O S o o M m o m a m m Z a z a z m m October 24, 1965 Of MINUTES t Beach INDEX The public hearing was opened in connection with this item, and Mr. Patrick O'Daly, representing the applicant, appeared before the Planning Commission. Mr. O'Daly stated that the applicant concurs with the findings and conditions of approval in Exhibit "A ". Motion I I I xJxJTh e public hearing was closed at this time. Motion was Ayes x x JxJ made to approve Use Permit No. 3162, subject to the findings and conditions of approval in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the existing restaurant use is consistent with the Land Use Element of the General Plan and with the Planned Community Development Standards for "Newport Place." 2. That adequate parking will be provided for the proposed addition to the restaurant. • 3. That the proposed off -site parking is located so as to be useful in connection with the proposed restaurant operation. 4. That the Police Department has no objections to the proposed expansion. 5. The approval of Use Permit No. 3162 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the restaurant operation shall be in substan- tial conformance with the approved plot plan and floor plan, except as noted below. 2. That a sidewalk be provided between the existing and proposed parking areas and that the pedestrian and vehicular circulation systems be subject to • further review and approval by the City Traffic Engineer. -2- MMISSIONERS October 24, 1986 MINUTES C c 0 o � £ y v a v x z c m y m z W m o m> T r i City of Newport Beach c z w o r 0 0 2 a 0 a= m m INDEX 3. That a minimum of one parking space for each 40 sq.ft. of "net public area" shall be provided for the subject restaurant. 4. That a minimum of 16 off -site parking spaces shall be provided on property described as Parcel No. 1 Parcel Map 83 -705, located at 1500 Dove Street and 4141 MacArthur Boulevard. Said parking spaces shall be provided for the duration of the restau- rant's use of the courtyard dining area. 5. That the applicant shall record a covenant against the property comprising the approved off -site parking location, the form and content of which is acceptable to the City Attorney; binding the applicant and its successors in interest in perpetuity, to provide a minimum of 16 parking spaces for the subject restaurant. This covenant shall continue in effect until such time as the restaurant discontinues the use of the courtyard dining area or suitable replacement parking is provided at a location acceptable to the Planning Commission. However, if such off -site parking is lost for an interim period only, due to new construction on -site, suitable interim parking may be approved by the City Traffic Engineer. 6. That the restaurant employees shall be required to use the 16 off -site parking spaces. 7. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. Modification No. 904 (Amended) (Public Hearing) Item No.2 Request to amend a previously approved modification application which permitted the construction of buil- (Amended) dings that encroach to within 5 feet of a rear property (Amend line, and related off - street parking and landscape Approved planter areas that encroach to the rear property lines Condition - on both sides of an existing 30 foot wide alley (where ally the Ordinance requires a minimum 10 foot rear yard -3- COMMISSIONERS ,October 24, 1985 IX C o f a 9 = Z c m' y m z M a z A=, m j City of Newport Beach c z N 0 C o o setback in a commercial district when abutting an alley): The proposed amendment includes a request to construct a 124± sq.ft. addition to the front of an existing building which will be used for an additional retail display area within the Newport Ski Company facility. Said display area was not part of the original modification application. The proposal also includes a further modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required off - street parking. LOCATION: Parcels No. 1 and 2 of Parcel Map 73 -22, 23 (Resubdivision No. 487), located at 2600 -2740 West Coast Highway, on the northwesterly corner of West Coast Highway and Tustin Avenue, in Mariner's Mile. ZONE: SP -5 • i I I I I( I( APPLICANT: Newport OWNER: Mariners nersMile Company, NeewporteBeach MINUTES INDEX William Laycock, Current Planning Administrator, advised that after reviewing the compact parking spaces on the plot plan, staff is recommending that the 7 feet 3 inch wide compact parking spaces be increased in width to 7 feet 6 inches so as to conform with the Municipal Code. Mr. Laycock explained that to create parking spaces that are wide enough to meet the Municipal Code, two additional standard size parking spaces will have to be utilized to create two additional compact parking spaces; therefore, instead of seven compact parking spaces, there will be nine compact parking spaces and eight standard size parking spaces would be eliminated. Mr. Laycock requested that Finding No. 3 be modified to read that "the proposed number of compact car spaces constitutes 6.8 percent of the parking requirement" instead of "5.5 percent of the parking requirement "; and that Condition No. 9 be added: "that the off -site parking lot shall be restriped so that eight standard size parking spaces shall be converted to nine compact spaces with minimum widths of 7 feet 6 inches ". In response to a question posed by Commissioner Turner in reference to Condition • No. 2 of the original Modification dated June 5, 1975, Mr. Laycock advised that the subject Modification will not encroach into the required 5 foot front yard setback on West Coast Highway. -4- MINUTES INDEX COMMISSIONERS October z4, 1985 MINUTES Of t Beach INDEX The public hearing was opened in connection with this item, and Mr. Jeff Jones, 3012 Cliff Drive, appeared before the Planning Commission on behalf of the applicant, stating that the applicant concurs with the findings and conditions of approval in Exhibit "A ". In response to a question posed by Commissioner Winburn regarding the previously approved Modification No. 904, James Hewicker, Planning Director, commented that the applicant shall only be responsible for previous conditions of approval that are applicable to the applicant. The public hearing was closed at this time. Motion 111x11 Motion was made Ayes x x x x x x (Amended) subject approval in Exhibit 3 and the addition on, MOTION CARRIED. 0 11111111 FINDINGS: to approve Modification No. 904 to the findings and conditions of "A ", including amended Finding No. of Condition No. 9. Motion voted 1. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed number of compact car spaces consti- tutes 6.8 percent of the parking requirement which is within limits generally accepted by the Plan- ning Commission relative to previous similar applications. F F C O O 4. The approval of Modification No. 904 (Amended) 2 - p A y m C z c m y m z m a a z r O z C Z m 0 3 0 0 A m O m a w m 2 9 z y a w m Of t Beach INDEX The public hearing was opened in connection with this item, and Mr. Jeff Jones, 3012 Cliff Drive, appeared before the Planning Commission on behalf of the applicant, stating that the applicant concurs with the findings and conditions of approval in Exhibit "A ". In response to a question posed by Commissioner Winburn regarding the previously approved Modification No. 904, James Hewicker, Planning Director, commented that the applicant shall only be responsible for previous conditions of approval that are applicable to the applicant. The public hearing was closed at this time. Motion 111x11 Motion was made Ayes x x x x x x (Amended) subject approval in Exhibit 3 and the addition on, MOTION CARRIED. 0 11111111 FINDINGS: to approve Modification No. 904 to the findings and conditions of "A ", including amended Finding No. of Condition No. 9. Motion voted 1. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed number of compact car spaces consti- tutes 6.8 percent of the parking requirement which is within limits generally accepted by the Plan- ning Commission relative to previous similar applications. -5- 4. The approval of Modification No. 904 (Amended) will not, under the circumstances of this particu- lar case be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification to allow the use of compact size parking spaces is consistent with the legislative intent of Title 20 of the Municipal Code. -5- COMMISSIONERS October 24, 1985 � ,a TU 1 9= A z T m City of Newport Beach C Z m O r o o a ROLL CALL CONDITIONS: 1. That the proposed construction shall be in sub- stantial conformance with the approved plans except as noted below. 2. That all .previous applicable conditions of ap- proval for Modification No. 904 shall be fulfilled. 3. That prior to the issuance of building permits, the applicant shall discontinue the display of all sail boards and related equipment within the landscape areas on the subject property and within the public right of -way. This condition shall not preclude the display of said boards elsewhere on the site. 4. That prior to the issuance of building permits for • the proposed construction the City Council shall approve an amended off -site parking agreement providing 123 parking spaces on Parcel No. 2 of Parcel Map No. 73- 22 -23. 5. That all improvements be constructed as required by ordinance and the Public Works Department. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 7. That the eave line be redesigned so that it does not encroach into the public right of way. 8. This modification shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 A, of the Newport Beach Municipal Code. 9. That the off -site parking lot shall be restriped so that eight standard size parking spaces be converted to nine compact parking with minimum widths of 7 feet 6 inches. MINUTES COMMISSIONERS October 24, 1985 MINUTES U v Jx z a z A z T City of Newport Beach �C 2 N O 3 O O a ,LL INDEX A. Use Permit No. 3170 (Public Hearing) I Item No.3 Request to permit the construction of a three story UP3170 commercial- residential condominium structure in the C -1' District which exceeds the basic height limit in the 8737 26/35 Foot Height Limitation District. The proposal Extension also includes a modification to the Zoning Code so as to allow the use of a substandard parking aisle width Approved with wider than standard parking spaces and the use of Condition - compact .size parking spaces for a portion of the ally required off - street parking. M7 B. Resubdivision No. 737 (Discussion) (Extension) I I I ( I Request for an extension of time in conjunction with the approved Resubdivision No. 737 that permitted the establishment of a single parcel of land for residen- tial- commercial condominium purposes where two lots • Presently exist. LOCATION: Lots No. 6 and 7, Block 331, Lancaster's Addition, located at 411 and 413 - 30th Street on the northerly side of 30th Street between Newport Boulevard and Villa Way in Cannery Village. ZONE: C -1 APPLICANT: Gilsand Company, Newport Beach OWNER: Same as applicant ARCHITECT/ ENGINEER: Brion S. Jeannette and Associates, Newport Beach The public hearing was opened in connection with this item, and Mr. Brion Jeannette, architect, appeared before the Planning Commission on behalf of the applicant. Mr. Jeannette stated that the subject application is substantially the same as the proposal considered at the Planning Commission meeting of December 9, 1982, and that the current applicant is prepared to proceed with the application. -7- October 24, 1985 of Newport Beach MINUTES Chairman Person stated that he has a concern regarding the bulk and mass of the proposal, and in response to Chairman Person's question if the project could be redesigned to a 26 foot height limit, Mr. Jeannette replied that only the greenhouse that is designed for the rear of the building is in excess of the 26 foot height limit. Mr. Jeannette explained that the glass greenhouse is an air space with access to the solar panels and would-not impair anyone's view. In reply to Commissioner Winburn, Mr. Jeannette stated that the greenhouse exceeds the basic height limit; however, the remaining areas of the project do not exceed the height limit, and in an effort to reduce the visual impact of the building, the applicant has proposed substantial setbacks from the street. Chairman Person asked if the applicant could redesign.the project from a three story building to a two story building. Mr. Jeannette described the layout of the project, and in summary stated that the structure's three levels allows for an open area that is set back from the front property • line; however, if the structure were designed for two levels, the open area would be eliminated, and the mass of the structure would encroach out to the front property line. Mr. Leopold T. Avallone, 1367 Avenue de Cortez, Pacific Palisades, and 1412 Ocean Front, Newport Beach, appeared before the Planning Commission by reading a prepared statement in opposition to the application. He stated that the major problem affecting residents and visitors of Newport Beach is access to parking. He opined that the subject two lots are part of the specific site chosen by the City for a Municipal parking structure, and if the application is approved and developed the property will increase in value, and the City will pay more money to acquire the proposed site for the parking structure. Mr. Avallone asked that the application not be approved until the site for the proposed parking structure has been purchased, and that the application will be detrimental to the residents and to the general welfare of the City. Chairman Person asked Carol Korade, Assistant City Attorney, if an approval by the Planning Commission would affect the City's ability to proceed with any • action concerning the proposed parking structure on the subject property. Ms. Korade replied that the City has the power to proceed with any type of condemnation proceeding as along as it adequately compensates the owner for the value of the property. She said that the SE F x c o n x _ v v m z c C m a m z a s z z r O x C z N p; O O m a Z M Z M 2 m m October 24, 1985 of Newport Beach MINUTES Chairman Person stated that he has a concern regarding the bulk and mass of the proposal, and in response to Chairman Person's question if the project could be redesigned to a 26 foot height limit, Mr. Jeannette replied that only the greenhouse that is designed for the rear of the building is in excess of the 26 foot height limit. Mr. Jeannette explained that the glass greenhouse is an air space with access to the solar panels and would-not impair anyone's view. In reply to Commissioner Winburn, Mr. Jeannette stated that the greenhouse exceeds the basic height limit; however, the remaining areas of the project do not exceed the height limit, and in an effort to reduce the visual impact of the building, the applicant has proposed substantial setbacks from the street. Chairman Person asked if the applicant could redesign.the project from a three story building to a two story building. Mr. Jeannette described the layout of the project, and in summary stated that the structure's three levels allows for an open area that is set back from the front property • line; however, if the structure were designed for two levels, the open area would be eliminated, and the mass of the structure would encroach out to the front property line. Mr. Leopold T. Avallone, 1367 Avenue de Cortez, Pacific Palisades, and 1412 Ocean Front, Newport Beach, appeared before the Planning Commission by reading a prepared statement in opposition to the application. He stated that the major problem affecting residents and visitors of Newport Beach is access to parking. He opined that the subject two lots are part of the specific site chosen by the City for a Municipal parking structure, and if the application is approved and developed the property will increase in value, and the City will pay more money to acquire the proposed site for the parking structure. Mr. Avallone asked that the application not be approved until the site for the proposed parking structure has been purchased, and that the application will be detrimental to the residents and to the general welfare of the City. Chairman Person asked Carol Korade, Assistant City Attorney, if an approval by the Planning Commission would affect the City's ability to proceed with any • action concerning the proposed parking structure on the subject property. Ms. Korade replied that the City has the power to proceed with any type of condemnation proceeding as along as it adequately compensates the owner for the value of the property. She said that the SE ROLL COMMISSIONERS October 24, 1985 F F C o O 2 Z C a n a m Z c m y m z 1 z a z A a T m l City of Newport Beach c z m v r o 0 appraisal methodology for the condemnation generally affects the highest and best use, and because there is no plan in effect, the Planning Commission does not have the authority to deny the application without possibly subjecting the City to an inverse condemnation claim. She explained that the only option that the City would have at this time regarding approvals, is to enact a moratorium pending the adoption of a Specific Area Plan for Cannery Village. Discussion followed between Chairman Person and Mr. Avallone regarding the effect of the Planning Commission action and the possibility of the increase in property value. Mr. Hewicker commented that the staff report reflects the status of the applicant's proposal and the status of the City's planning for Cannery Village and acquisition of property for a Municipal parking lot. He confirmed Ms. Korade's remarks that the Planning Commission must proceed with the zoning and the General Plan that presently exists, and for the property to be valued at the highest and best use there could be some type of use on the land. The public hearing was closed at this time. Commissioner Turner made a motion to approve Use Permit No. 3170 and the extension of Resubdivision No. 737, subject to the findings and conditions of approval in Exhibit "A ", including an amendment to Condition No. 2 of Use Permit No. 3170 stating that the building shall be built so as not to exceed an average roof height of 26 feet which is permitted in the Cannery Village area. Commissioner Turner explained that the amendment would eliminate the greenhouse on top of the proposed structure, and the remaining structure would be within the height limit. Commissioner Turner agreed to Chairman Person's request to an amendment to the motion that the building shall be redesigned so that the structure will not exceed 1.00 times buildable area of the site. Mr. Laycock pointed out that the average roof height of the sloping roof of the main portion of the proposed structure is 28 feet, and not 26 feet as stated by Mr. Jeannette. • Commissioner Turner advised that his intent is to eliminate only the greenhouse on top of the structure. Commissioner Koppelman asked to amend the motion to bring the entire structure's height within the 26 foot limitations. -9- MINUTES INDEX 0 COMMISSIONERS October 24, 1985 MINUTES Substitute Motion INDEX The public hearing was reopened at this time to enable Mr. Jeannette to explain the design changes that would be necessary if the height limit would be changed. Mr. Jeannette and Commissioner Turner discussed the various designs that would be feasible if the height of the structure would be lowered. Mr. Jeannette cited that the Municipal Code provides a trade -off of allowing a building to exceed the basic height limit if the building is set back. In response to a question posed by Commissioner Turner, Mr. Jeannette advised that the building to the west of the proposed structure is a two -story dwelling that was constructed within the permitted height limitation. In response to an inquiry, from Commissioner Winburn regarding a roof limitation in the 26/35 Foot Height Limitation District and if Mr. Jeannette would prefer to increase the height of the structure in exchange for a view corridor, Mr. Jeannette explained how the view corridor depends upon the location of the project and what the view impact would have on that location. The public hearing was closed again at this time. Commissioner Turner restated his motion by stating that the building be redesigned within the basic 26 foot height limit, and 1.00 times the buildable area. Mr. Hewicker stated that Findings No. 4, 5, 6, and 7 and Condition No. 2 would need to be eliminated. Commissioner Goff stated that there is no justification to reduce the project to 1.00 times the buildable area when 1.5 times the buildable area is permitted in a mixed residential - commercial use, and the proposed project is 20% under the permitted maximum floor area ratio, and at the same time to reduce the maximum height of the structure when only portions of the roof are exceeding the height limitation by only two feet with the exception of the greenhouse. Commissioner Goff made a substitute motion to approve Use Permit No. 3170 and Resubdivision No. 737 (Extended) , subject to the findings and conditions in Exhibit "A ", with the elimination of the greenhouse from the plans. The public hearing was reopened at this time. In response to Chairman Person, Mr. Jeannette stated that • the floor area ratio would not be affected by the deletion of the greenhouse. He advised Commissioner Winburn that the 1.00 times the buildable area would reduce the floor area by approximately 800 square feet to 1,000 square feet. -10- C n f v = C v. ry m z c m a m z C z m p; m> 0 0 M j City of Newport Beach 9 2 r INDEX The public hearing was reopened at this time to enable Mr. Jeannette to explain the design changes that would be necessary if the height limit would be changed. Mr. Jeannette and Commissioner Turner discussed the various designs that would be feasible if the height of the structure would be lowered. Mr. Jeannette cited that the Municipal Code provides a trade -off of allowing a building to exceed the basic height limit if the building is set back. In response to a question posed by Commissioner Turner, Mr. Jeannette advised that the building to the west of the proposed structure is a two -story dwelling that was constructed within the permitted height limitation. In response to an inquiry, from Commissioner Winburn regarding a roof limitation in the 26/35 Foot Height Limitation District and if Mr. Jeannette would prefer to increase the height of the structure in exchange for a view corridor, Mr. Jeannette explained how the view corridor depends upon the location of the project and what the view impact would have on that location. The public hearing was closed again at this time. Commissioner Turner restated his motion by stating that the building be redesigned within the basic 26 foot height limit, and 1.00 times the buildable area. Mr. Hewicker stated that Findings No. 4, 5, 6, and 7 and Condition No. 2 would need to be eliminated. Commissioner Goff stated that there is no justification to reduce the project to 1.00 times the buildable area when 1.5 times the buildable area is permitted in a mixed residential - commercial use, and the proposed project is 20% under the permitted maximum floor area ratio, and at the same time to reduce the maximum height of the structure when only portions of the roof are exceeding the height limitation by only two feet with the exception of the greenhouse. Commissioner Goff made a substitute motion to approve Use Permit No. 3170 and Resubdivision No. 737 (Extended) , subject to the findings and conditions in Exhibit "A ", with the elimination of the greenhouse from the plans. The public hearing was reopened at this time. In response to Chairman Person, Mr. Jeannette stated that • the floor area ratio would not be affected by the deletion of the greenhouse. He advised Commissioner Winburn that the 1.00 times the buildable area would reduce the floor area by approximately 800 square feet to 1,000 square feet. -10- October 24, 1985 MINUTES Substitute Commissioner Winburn made a substitute substitute Substitute motion to approve Use Permit No. 3170 and Resubdivision Motion X No. 737 (Extended) permitting 1.18 times the buildable area. but with the structure not exceeding the basic height limit of 26 feet. Chairman Person commented that his desire would be to require 1.00 times the buildable area but to permit the applicant the additional height of 2 feet for the roof, and the elimination of the greenhouse. He opined that there is public knowledge that the intensity of Cannery Village cannot take much development over 1.00 times buildable area based upon the traffic circulation. Chairman Person stated that he will not support any substitute motion that includes a floor area ratio exceeding 1.00 times the buildable area. Commissioner Koppelman stated that she will not support any substitute motion that includes a floor area ratio exceeding 1.00 times buildable area, however she will support the original motion. x x The substitute substitute motion was voted on to N X x x x approve Use Permit No. 3170 and the extension of Resubdivision No. 737. subject to the findings and conditions in Exhibit "A ", amended to include a floor area ratio of 1.18 times buildable area and height limit not to exceed 26 feet. MOTION DENIED. Ayes x x xJxJ The substitute motion was voted on to approve Use Noes x Permit No. 3170 and the extension of Resubdivision No. 737, subject to the findings and conditions in Exhibit "A ", with the exception that the greenhouse be deleted. MOTION DENIED. Commissioner Turner restated the original motion to the approve Use Permit No. 3170 and extend Resubdivision No. 737, subject to the findings and conditions in Exhibit "A ", amended by a 1.00 times buildable area including the deletion of Findings No. 4, 5, 6, and 7 and Condition No. 2 from Use Permit No. 3170, and that the proposed building would be constructed within the existing 26 foot height limitation, and the existing findings and conditions would be modified to create consistency. • ( I I I ( + Commissioner Goff advised that he will support the 1 original motion with reservations. -11- x x C o � V r y S c m y m z z a z Z a N z o r M_ o M 0 m( City of Newport Beach Substitute Commissioner Winburn made a substitute substitute Substitute motion to approve Use Permit No. 3170 and Resubdivision Motion X No. 737 (Extended) permitting 1.18 times the buildable area. but with the structure not exceeding the basic height limit of 26 feet. Chairman Person commented that his desire would be to require 1.00 times the buildable area but to permit the applicant the additional height of 2 feet for the roof, and the elimination of the greenhouse. He opined that there is public knowledge that the intensity of Cannery Village cannot take much development over 1.00 times buildable area based upon the traffic circulation. Chairman Person stated that he will not support any substitute motion that includes a floor area ratio exceeding 1.00 times the buildable area. Commissioner Koppelman stated that she will not support any substitute motion that includes a floor area ratio exceeding 1.00 times buildable area, however she will support the original motion. x x The substitute substitute motion was voted on to N X x x x approve Use Permit No. 3170 and the extension of Resubdivision No. 737. subject to the findings and conditions in Exhibit "A ", amended to include a floor area ratio of 1.18 times buildable area and height limit not to exceed 26 feet. MOTION DENIED. Ayes x x xJxJ The substitute motion was voted on to approve Use Noes x Permit No. 3170 and the extension of Resubdivision No. 737, subject to the findings and conditions in Exhibit "A ", with the exception that the greenhouse be deleted. MOTION DENIED. Commissioner Turner restated the original motion to the approve Use Permit No. 3170 and extend Resubdivision No. 737, subject to the findings and conditions in Exhibit "A ", amended by a 1.00 times buildable area including the deletion of Findings No. 4, 5, 6, and 7 and Condition No. 2 from Use Permit No. 3170, and that the proposed building would be constructed within the existing 26 foot height limitation, and the existing findings and conditions would be modified to create consistency. • ( I I I ( + Commissioner Goff advised that he will support the 1 original motion with reservations. -11- COMMISSIONERS October 24, 1985 MINUTES of Newport Beach Substitute Chairman Person made a substitute motion to approve Use Motion x Permit No. 3170 and the extension of Resubdivision No. 737 subject to the findings and conditions of approval in Exhibit "A ", the 28 foot average roof height be permitted and the greenhouse eliminated, so long as the floor area ratio is reduced to 1.00 times the buildable area. Chairman Person explained that the reason for the motion is based on studies that have shown that the Cannery Village traffic circulation system is not adequate to handle developments exceeding 1.00 times the buildable area. Commissioner Turner asked if the building could be moved back on the property so as to provide landscaping along the street frontage. Mr. Hewicker replied that if the proposed building would be moved backed to allow for landscaping, then the alley would be affected by .reducing the alley setback. Chairman Person stated that the substitute motion is made without prejudice based upon the comments made by Mr. Avallone. Commissioner Goff stated that he will support the substitute motion. A* x x x x The substitute motion was voted on to approve Use Permit No. 3170 and to extend Resubdivision No. 737 for two years, subject to the findings and conditions of approval in Exhibit "A ", amended to reduce the floor area ratio to 1.00 times buildable, and to eliminate the greenhouse. MOTION CARRIED. USE PERMIT NO. 3170 FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Plan and is compatible with sur- rounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the reduced parking aisle width and the use of compact parking spaces will not, under the circumstances of the particular case, be detri- mental 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 improve- ments in the neighborhood or the general welfare -12- z C c O O x _ v i m z c C m y m z m 9 A z c z w o r o o 0 0 M m O m Z a 2 .y Z z M T m of Newport Beach Substitute Chairman Person made a substitute motion to approve Use Motion x Permit No. 3170 and the extension of Resubdivision No. 737 subject to the findings and conditions of approval in Exhibit "A ", the 28 foot average roof height be permitted and the greenhouse eliminated, so long as the floor area ratio is reduced to 1.00 times the buildable area. Chairman Person explained that the reason for the motion is based on studies that have shown that the Cannery Village traffic circulation system is not adequate to handle developments exceeding 1.00 times the buildable area. Commissioner Turner asked if the building could be moved back on the property so as to provide landscaping along the street frontage. Mr. Hewicker replied that if the proposed building would be moved backed to allow for landscaping, then the alley would be affected by .reducing the alley setback. Chairman Person stated that the substitute motion is made without prejudice based upon the comments made by Mr. Avallone. Commissioner Goff stated that he will support the substitute motion. A* x x x x The substitute motion was voted on to approve Use Permit No. 3170 and to extend Resubdivision No. 737 for two years, subject to the findings and conditions of approval in Exhibit "A ", amended to reduce the floor area ratio to 1.00 times buildable, and to eliminate the greenhouse. MOTION CARRIED. USE PERMIT NO. 3170 FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Plan and is compatible with sur- rounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the reduced parking aisle width and the use of compact parking spaces will not, under the circumstances of the particular case, be detri- mental 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 improve- ments in the neighborhood or the general welfare -12- ROLL October 24, 1985 MINUTES INDEX of the City and further that the proposed modifi- cation is consistent with the legislative intent of Title 20 of this Code inasmuch as the proposed parking spaces will be wider than standard spaces. 4. The increased building height will result in more public visual open space than is required by the basic height limit inasmuch as the project inc- ludes large second and third level decks for outdoor living area purposes. 5. The increased building height will result in more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. l l l l l I l 6. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces. 7. The structure will have no more floor area than could have been achieved without the use permit for the building height. 8. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 9. That the design of the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed development. 10. The approval of Use Permit No. 3170 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: • 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations, except as noted below. -13- A z 1z C o I a a , y 'z z c m a m c= O S 0 0 M M City of Newport Beach Z _ _ m INDEX of the City and further that the proposed modifi- cation is consistent with the legislative intent of Title 20 of this Code inasmuch as the proposed parking spaces will be wider than standard spaces. 4. The increased building height will result in more public visual open space than is required by the basic height limit inasmuch as the project inc- ludes large second and third level decks for outdoor living area purposes. 5. The increased building height will result in more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. l l l l l I l 6. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces. 7. The structure will have no more floor area than could have been achieved without the use permit for the building height. 8. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 9. That the design of the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed development. 10. The approval of Use Permit No. 3170 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: • 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations, except as noted below. -13- ROLL October 24, 1985 MINUTES 2. That as long as the property is developed with a structure which exceeds the basic height limit, the applicant shall record a covenant, of which the form and content is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to not exceed a limita- tion of 1.00 times the buildable area on the subject property. This is in consideration of approval of the use permit to exceed the height limit. 3. That all signs shall be in conformance with the provisions of Chapter 20.06 of the Municipal Code. 4. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants Conditions, and Restric- tions which may be recorded against any undeve- loped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledge that: a.) The John Wayne Airport may not be able to provide adequate air service for business estab- lishments which rely on such service; b.) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; C.) The City of Newport Beach will continue to oppose additional commercial area service expan- sions at the John Wayne Airport; d.) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 5. That prior to the occupancy of any residential . unit a qualified acoustical engineer, retained by the City at the applicant's expense shall demons- 11111111 trate to the satisfaction of the Planning Director -14- A A C A v = y P y z c z a s z C M T o City ( of Newport Beach a 2. That as long as the property is developed with a structure which exceeds the basic height limit, the applicant shall record a covenant, of which the form and content is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to not exceed a limita- tion of 1.00 times the buildable area on the subject property. This is in consideration of approval of the use permit to exceed the height limit. 3. That all signs shall be in conformance with the provisions of Chapter 20.06 of the Municipal Code. 4. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants Conditions, and Restric- tions which may be recorded against any undeve- loped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledge that: a.) The John Wayne Airport may not be able to provide adequate air service for business estab- lishments which rely on such service; b.) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; C.) The City of Newport Beach will continue to oppose additional commercial area service expan- sions at the John Wayne Airport; d.) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 5. That prior to the occupancy of any residential . unit a qualified acoustical engineer, retained by the City at the applicant's expense shall demons- 11111111 trate to the satisfaction of the Planning Director -14- COMMISSIONERS October 24, 1985 x z C O n S 9 m z c m a m z W a=� a T m City of Newport Beach C z m o s 0 0 .LL that the noise impact from 30th Street and Newport Boulevard on the project does not exceed 65 db CNEL for outside living areas and the requirements of law for interior spaces. 6. That any roof top or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 Dba at the property lines. 7. That any mechanical equipment or trash containers shall be screened from view from 30th Street and adjoining properties. 8. That all access to the buildings be approved by the Fire Department. 9. Upon completion of construction, the applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. 10. The project shall be designed to conform to Title 24, Paragraph 6, Division T -20, Chapter 2, Sub- chapter 4 of the California Administrative Code dealing with energy requirements. 11. The project shall investigate the use of alter- native energy sources (i.e. solar) and to the maximum extent economically feasible incorporate the use of said in project designs. 12. Prior to occupancy of the structure, the appli- cants shall provide written verification from Orange County. Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 13. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 14. That all conditions of Resubdivision No. 737 shall be fulfilled. 15. That the proposed two car garages shall be re- served for the proposed residential units on the site. -15- MINUTES INDEX COMMISSIONERS October 24, 1986 MINUTES X C o 0 a v x M C M z c m s m z C a z m_ m m City of Newport Beach C Z W O i o o a ROLL CALL I I I I I I I INDEX 16. That all off - street parking spaces shall be utilized for vehicular storage and that the commercial parking spaces shall not be enclosed with garage doors. 17. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 18. That the proposed greenhouse shall be eliminated from the plans, or be redesigned so as to meet the basic height limit of 26 feet. RESUBDIVISION NO. 737 (EXTENDED) 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. CONDITIONS: 1. That all the conditions of approval of Resubdivi- sion No. 737 be fulfilled as approved by the City Council on January 24, 1983. k Use Permit No. 3171 (Public Hearing) i Item No.4 Request to permit the establishment of a take -out UP3171 restaurant with incidental seating on property located in the C -0 -H District. The proposal also includes a Approved request to waive a portion of the required off - street Condition - parking spaces. ally -16- LOCATION: Lots 4 and 17, Tract No. 4824, located at 1120 Irvine Avenue, on the north- . easterly corner of Irvine Avenue and Westcliff Drive, in the Westcliff Plaza Shopping Center. -16- COMMISSIONERS M T F a v = c m z z a m W m a z r L1 S ` C z 0 o i 0 0 I D m O m D n T f Z M z 9 2 + m • Motion I xI Ayes x x x x • October 24, 1985 of Newport Beach ZONE: C -0 -H APPLICANTS: Yvonne Poli and Mary Jo Casino, Newport Beach OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Yvonne Poli, 6 Snapdragon, Irvine, and Mary Jo Casino, 915 Chestnut Place, applicants, appeared before the Planning Commission, stating that they concur with the findings and conditions of approval in Exhibit "A ". Commissioner Eichenhofer commented that there have been previous complaints from dress salons adjacent to cooking establishments when the cooking odors have come into the dress salons. The applicants stated that the venting system for their establishment is over the roof of the building. Mr. Hewicker stated that stores' air conditioning and fan systems bring the cooking odors back into the building. In response to Commissioner Winburn, the applicants stated that Katie McGuire's Pie and Bake Shop is a franchise. The public hearing was closed at this time. Motion was made to approve Use Permit No. 3171, subject to the findings and conditions of approval in Exhibit "A ". Motion voted on, 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. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to walls, landscaping, utilities, and a portion of the required number of parking spaces, will not be detrimental to adjoining properties. -17- MINUTES October 24, 1985 MINUTES 4. That the proposed take -out restaurant does not I-epresent an intensification of use that will result in an increased demand for parking. 5. That the Police Department has no objections to the establishment of the proposed take -out restaurant. 6. The approval of Use Permit No. 3171 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. That a trash compactor shall be installed in conjunction with the proposed use. 3. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 4. That the development standards pertaining to walls, landscaping, utilities, and a portion of the required parking spaces shall be waived. 5. That the restaurant's hours of operation shall be restricted to the hours between 7:00 a.m. and 10:00 p.m. daily. 6. 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. 7. 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 the storm drains, unless otherwise approved by the Building Department. -1s- x x n E 9 V = y v r v m m 0 A z N _ > °;° r ° = X m 0 m T T City I y of New port Beach z a z x z T m m 4. That the proposed take -out restaurant does not I-epresent an intensification of use that will result in an increased demand for parking. 5. That the Police Department has no objections to the establishment of the proposed take -out restaurant. 6. The approval of Use Permit No. 3171 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. That a trash compactor shall be installed in conjunction with the proposed use. 3. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 4. That the development standards pertaining to walls, landscaping, utilities, and a portion of the required parking spaces shall be waived. 5. That the restaurant's hours of operation shall be restricted to the hours between 7:00 a.m. and 10:00 p.m. daily. 6. 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. 7. 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 the storm drains, unless otherwise approved by the Building Department. -1s- COMMISSIONERS October 24, 1985 MINUTES X o x v v m 2 C m y m 2 M z . _ m m City of Newport Beach I c z w o s o o ROLL cAL I INDEX 8. That all mechanical equipment and trash areas shall be screened from Irvine Avenue and adjoining properties. 9. That no on -sale or off -sale of alcoholic beverages shall be permitted, unless an amended use permit is approved. 10. That the Planning Commission may add to or modify conditions of approval of this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport • � I I I I I I I Beach Municipal Code. � Use Permit No. 3172 (Public Hearing) Request to permit the establishment of a take -out restaurant with on -sale beer and wine and incidental seating on property located in the C -1 District. The proposal also includes a request to waive a portion of the required off - street parking spaces for the subject restaurant. LOCATION: A portion of Lots 21 and 23 and all of Lot 22, Block 23, Newport Beach Tract, located at 123 - 23rd Street, on the northwesterly side of 23rd Street, between West Ocean Front and West Balboa Boulevard in the McFadden Square Area of Central Newport. ZONE: C -1 APPLICANT: Carm's Coneys, Newport Beach OWNER: Paul Heussenstamm, Newport Beach Chairman Person commented that the Planning Commission has received and read letters from Larry R. and Terri S. Hein, and Shirley Porter in opposition to the Use -19- Item No.5 UP3172 Approved Condition- ally October 24, 1985 MINUTES INDEX Permit. In reply to Commissioner Goff, Mr. Laycock stated that staff has no record that Ms. Porter lives within 300 feet of the proposed take -out restaurant. Chairman Person commented that Ms. Porter only typed her signature. The public hearing was opened in connection with this item, and Carmen Cimini, 5012 Seashore Drive, and Tom McFadden, 11342 Alice Street,.Garden Grove, applicants, appeared before the Planning Commission. In reference to Condition No. 6 regarding the trash stored in the building until scheduled pick -up and Condition No. 7 regarding a trash compactor, the applicants asked if other provisions could be made with neighboring establishments to share a dumpster. Chairman Person explained that these are standard conditions for approval for most take -out restaurants and establishments in the beach areas. Mr. Hewicker explained that by keeping the trash inside of the building there would be no nuisance to the surrounding • neighborhood. Mr. Larry Hein, 122' - 24th Street, appeared before the Planning Commission in opposition to the application. Mr. Hein commented that he has a concern regarding the trash and the noise during the early and late hours of the restaurant's operation. The public hearing was closed at this time. Commissioner Kurlander commented that Conditions No. 3 and No. 16 state that no off -sale of alcoholic beverages shall be permitted. Chairman Person suggested that Condition No. 16 be deleted. Chairman Person referred to Condition No. 4 regarding the restricted hours of operation of 6:00 a.m. and 10:00 p.m. weekdays and 6:00 a.m. to 12:00 midnight on weekends. The public hearing was reopened in connection with this item, and Betty Lou Schauer, owner of The Sand Witch take -out restaurant, 21722 Hillaria Circle, Huntington Beach, appeared before the Planning Commission. Ms. Schauer stated that the weekday and weekend operating closing hours of adjoining restaurants are as follows: Dagwood's Deli - 5:30 p.m.; Chicken Express - 10:00 p.m. during the winter months and 11:00 p.m. during the summer months, and The Sand Witch - 8:30 p.m. She further stated that none of the restaurants serve alcoholic beverages. -20- jC F C O O r 9 m 2 C m y m Z m A A = r 0 A Z a Z Z=° m City of Newport Beach INDEX Permit. In reply to Commissioner Goff, Mr. Laycock stated that staff has no record that Ms. Porter lives within 300 feet of the proposed take -out restaurant. Chairman Person commented that Ms. Porter only typed her signature. The public hearing was opened in connection with this item, and Carmen Cimini, 5012 Seashore Drive, and Tom McFadden, 11342 Alice Street,.Garden Grove, applicants, appeared before the Planning Commission. In reference to Condition No. 6 regarding the trash stored in the building until scheduled pick -up and Condition No. 7 regarding a trash compactor, the applicants asked if other provisions could be made with neighboring establishments to share a dumpster. Chairman Person explained that these are standard conditions for approval for most take -out restaurants and establishments in the beach areas. Mr. Hewicker explained that by keeping the trash inside of the building there would be no nuisance to the surrounding • neighborhood. Mr. Larry Hein, 122' - 24th Street, appeared before the Planning Commission in opposition to the application. Mr. Hein commented that he has a concern regarding the trash and the noise during the early and late hours of the restaurant's operation. The public hearing was closed at this time. Commissioner Kurlander commented that Conditions No. 3 and No. 16 state that no off -sale of alcoholic beverages shall be permitted. Chairman Person suggested that Condition No. 16 be deleted. Chairman Person referred to Condition No. 4 regarding the restricted hours of operation of 6:00 a.m. and 10:00 p.m. weekdays and 6:00 a.m. to 12:00 midnight on weekends. The public hearing was reopened in connection with this item, and Betty Lou Schauer, owner of The Sand Witch take -out restaurant, 21722 Hillaria Circle, Huntington Beach, appeared before the Planning Commission. Ms. Schauer stated that the weekday and weekend operating closing hours of adjoining restaurants are as follows: Dagwood's Deli - 5:30 p.m.; Chicken Express - 10:00 p.m. during the winter months and 11:00 p.m. during the summer months, and The Sand Witch - 8:30 p.m. She further stated that none of the restaurants serve alcoholic beverages. -20- MISSIONERSI October 24, 1985 MINUTES Ms. Schauer asked what constitutes incidental seating in a take -out restaurant. Mr. Laycock replied that incidental seating would allow a few customers to eat or drink in a facility, but the majority of the customers of a take -out restaurant would remove the food or beverages from the building for consumption. Mr. John Shea, 2214 West Ocean Front, appeared before the Planning Commission, expressing his concerns regarding the possibility of music at the restaurant and public access into the alley. The public hearing was closed at this time. Motion x Commissioner Koppelman made a motion to approve Use Permit No. 3172, subject to the findings and conditions of approval in Exhibit "A ", with the following amendments: amend Condition No. 3 stating that "no alcoholic beverages shall be sold on the premises "; Condition No. 4 stating "that the hours of operation shall be restricted to the hours between 6:00 a.m, and 10:00 p.m. daily "; delete Condition No. 16 regarding "no off -sale of alcoholic beverages "; and add Condition No. 19 stating "that there shall be no amplified music on the premises ". Commissioner Koppelman explained that there have been multiple problems regarding take -out restaurants adjacent to residential areas, that there could be potential problems if the applicants were permitted to sell alcoholic beverages, have amplified music, and operate the facility until 12:00 midnight. Discussion followed regarding the restrictions of amplified music. I Chairman Person commented that previous problems within a commercial area adjacent to residential areas relating to music have mostly been the combination of the sale of alcoholic beverages and live entertainment or only alcoholic beverages, and that he would not support the restriction of amplified music. Commissioner Goff recommended amendments to the motion that would "limit the noise or music in certain discretionary situations to the premises ", and "limit customer access to the take -out restaurant to the front of the building ". Ayo l Motion was voted on to approve Use Permit NO. 3172 subject to the findings and conditions of approval in Exhibit "A ", including Condition No. 3, "no -21- 0 0 £ s v ia y v z c m y m z C z m a N p S 0 r 0 Z M= m City of Newport Beach a ROLL CALL INDEX Ms. Schauer asked what constitutes incidental seating in a take -out restaurant. Mr. Laycock replied that incidental seating would allow a few customers to eat or drink in a facility, but the majority of the customers of a take -out restaurant would remove the food or beverages from the building for consumption. Mr. John Shea, 2214 West Ocean Front, appeared before the Planning Commission, expressing his concerns regarding the possibility of music at the restaurant and public access into the alley. The public hearing was closed at this time. Motion x Commissioner Koppelman made a motion to approve Use Permit No. 3172, subject to the findings and conditions of approval in Exhibit "A ", with the following amendments: amend Condition No. 3 stating that "no alcoholic beverages shall be sold on the premises "; Condition No. 4 stating "that the hours of operation shall be restricted to the hours between 6:00 a.m, and 10:00 p.m. daily "; delete Condition No. 16 regarding "no off -sale of alcoholic beverages "; and add Condition No. 19 stating "that there shall be no amplified music on the premises ". Commissioner Koppelman explained that there have been multiple problems regarding take -out restaurants adjacent to residential areas, that there could be potential problems if the applicants were permitted to sell alcoholic beverages, have amplified music, and operate the facility until 12:00 midnight. Discussion followed regarding the restrictions of amplified music. I Chairman Person commented that previous problems within a commercial area adjacent to residential areas relating to music have mostly been the combination of the sale of alcoholic beverages and live entertainment or only alcoholic beverages, and that he would not support the restriction of amplified music. Commissioner Goff recommended amendments to the motion that would "limit the noise or music in certain discretionary situations to the premises ", and "limit customer access to the take -out restaurant to the front of the building ". Ayo l Motion was voted on to approve Use Permit NO. 3172 subject to the findings and conditions of approval in Exhibit "A ", including Condition No. 3, "no -21- COMMISSIONERS1 October 24, 1985 MINUTES In t Beach l ROLL CALL I I I I I I I I INDEX alcoholic beverages shall be sold ", Condition No. 4, "the hours of operation shall be restricted to the hours between 6:00 a.m. and 10:00 p.m. daily "; delete Condition No. 15 pertaining to the serving of beer and wine on an incidental basis;. delete Condition No. 16 regarding the sale of alcoholic beverages; add Condition No. 19, "noise from music in the subject establishment shall be limited to the interior of the building ", and add Condition No. 20, "customer access shall be limited to the front of the premises ". MOTION CARRIED. FINDINGS: 1. That the proposed use 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. That there is adequate parking on the subject property for the proposed restaurant employees. 3. That the project will not have any significant environmental impact. 4. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities, and a portion of the required number of parking spaces, will not be detrimental to adjoining properties. 5. That the approval of Use Permit No. 3172 will not, under the circumstances of the case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. • 2. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and a portion of the required number of parking spaces shall be waived. -22- x a c o 0 - a a y m C z c m a m z m y m z r m C 2 N p >> O o O M m p m a r Z a z z m m In t Beach l ROLL CALL I I I I I I I I INDEX alcoholic beverages shall be sold ", Condition No. 4, "the hours of operation shall be restricted to the hours between 6:00 a.m. and 10:00 p.m. daily "; delete Condition No. 15 pertaining to the serving of beer and wine on an incidental basis;. delete Condition No. 16 regarding the sale of alcoholic beverages; add Condition No. 19, "noise from music in the subject establishment shall be limited to the interior of the building ", and add Condition No. 20, "customer access shall be limited to the front of the premises ". MOTION CARRIED. FINDINGS: 1. That the proposed use 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. That there is adequate parking on the subject property for the proposed restaurant employees. 3. That the project will not have any significant environmental impact. 4. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities, and a portion of the required number of parking spaces, will not be detrimental to adjoining properties. 5. That the approval of Use Permit No. 3172 will not, under the circumstances of the case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. • 2. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and a portion of the required number of parking spaces shall be waived. -22- COMMISSIONERS X C o v v m Z C c m y m z Im x C Z N O K 0 0 48 Z M z a r m a October 24, 1985 MINUTES City of Newport Beach ROLL CALL INDEX 3. That no alcoholic beverages shall be sold on the premises unless the Planning Commission approves an amendment to this use permit. 4. That the hours of operation shall be restricted to the hours between 6:00 a.m. and 10:00 p.m. daily. 5. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 6. That all trash shall be stored in the building until scheduled trash pick -up occurs. 7. That a trash compactor shall be installed in conjunction with the proposed use. S. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 9. That the sidewalk on 23rd Street shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain system. 10. That grease interceptors shall be installed on all fixtures in the take -out restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 11. That a washout area for the take -out restaurant trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains. 12. That all mechanical equipment and trash areas shall be screened from the alley, and adjoining properties. 13. That the two employees shall park their automo- biles on -site at all times. • 11111111 14. That the on -site parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. -23- COMMISSIONERS October 24, 1985 MINUTES F A C o f v a v = i s m s m = M 9= m a r m I City of Newport Beach Ic 2 W u r o o 15. Deleted. 16. Deleted. 17. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 18. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 19. That noise from music in the take -out restaurant shall be limited to the interior of the building. 0 1 20. That customer access to the take -out restaurant shall be limited to the front of the premises. z * : The Planning Commission recessed at 8:55 p.m. and reconvened at 9:05 p.m. Use Permit No. 3173 (Public Hearing) Item No.6 Request to permit the construction of nine single family attached dwellings on nine individual lots UP3173 within the Jasmine Park Planned Community which exceed the 24 foot basic height limit of the 24/28 Foot Height Approved Limitation Provisions of the Planned Community District Condition - Regulations. ally LOCATION: Lots 18, 22, 26, 28, 30, 33, 34, 36 and 40, Tract No. 12245, located at 803, 807, 815, 831, 919 and 935 Gardenia Way and 813, 821 and 829 Hibiscus Court, in the Jasmine Park Planned Community. 0 11111111 ZONE: P-C -24- COMMISSIONERS October 24, 1985 MINUTES APPLICANT: L.D.M. Development, Inc., Laguna Hills OWNER: Same as applicant James Hewicker, Planning Director, stated that the subject proposal involves nine lots that are located downhill from Marguerite Avenue. He said that the dwellings that would be affected by the height are on the lower two tiers of the tract, and that one of the four floor plans includes a loft. Mr. Hewicker commented that because the attached units are side by side and are located uphill to a downhill slope this is creating an architectural problem to the building. He commented further that there would not be a change in the ridge height of the building. �x The public hearing was opened in connection with this f item, and Mr. Forest Dickason, applicant, appeared n v = y y m a z c m a m z c z C A y o r 0 0 floor plans however, during the time the floor plans were going through Plan Check it was noted that a small z 9= T m City of Newport Beach basic height limit in the 24/28 Height Limitation APPLICANT: L.D.M. Development, Inc., Laguna Hills OWNER: Same as applicant James Hewicker, Planning Director, stated that the subject proposal involves nine lots that are located downhill from Marguerite Avenue. He said that the dwellings that would be affected by the height are on the lower two tiers of the tract, and that one of the four floor plans includes a loft. Mr. Hewicker commented that because the attached units are side by side and are located uphill to a downhill slope this is creating an architectural problem to the building. He commented further that there would not be a change in the ridge height of the building. Mr. Ray Sullivan, 915 Tiller Way, appeared before the Planning Commission. Mr. Sullivan stated that he lives across Marguerite Avenue in Harbor View Hills, and is concerned that he and his neighbors' views may be affected by the project. Mr. Sullivan described how the dwelling units on the middle tier may impair the neighbors' views more than the lower tier. Chairman Person asked Mr. Dickason if the applicant has done a site analysis from Harbor View Hills. Mr. Dickason replied that he has done a site analysis in the terms of pad elevations and tops of dwellings roofs in relation to certain lots located in Harbor View Hills. Mr. Dickason described the project's roof lines and the affect they would have to the neighborhood across Marguerite Avenue. In response to a question posed by Chairman Person if the applicant would object to a condition that the -25- The public hearing was opened in connection with this item, and Mr. Forest Dickason, applicant, appeared before the Planning Commission. Mr. Dickason .stated that Plan 4 has not been modified from the original floor plans however, during the time the floor plans were going through Plan Check it was noted that a small percentage' of the roof area of Plan 4 exceeded the basic height limit in the 24/28 Height Limitation District. Mr. Dickason commented that the view analysis required has shown that no existing views in Harbor View Hills or Jasmine Creek will be impacted. He commented that the remaining 38 lots will not exceed the basic height limit of 24 feet. Mr. Ray Sullivan, 915 Tiller Way, appeared before the Planning Commission. Mr. Sullivan stated that he lives across Marguerite Avenue in Harbor View Hills, and is concerned that he and his neighbors' views may be affected by the project. Mr. Sullivan described how the dwelling units on the middle tier may impair the neighbors' views more than the lower tier. Chairman Person asked Mr. Dickason if the applicant has done a site analysis from Harbor View Hills. Mr. Dickason replied that he has done a site analysis in the terms of pad elevations and tops of dwellings roofs in relation to certain lots located in Harbor View Hills. Mr. Dickason described the project's roof lines and the affect they would have to the neighborhood across Marguerite Avenue. In response to a question posed by Chairman Person if the applicant would object to a condition that the -25- October 24, 1985 MINUTES INDEX increase in height of the nine structures would not affect the view plane from the residents, Mr. Dickason replied that the residents views are being protected by developers because views have become a very sensitive subject , and there is a question of where the viewer is situated to what the viewer is viewing. Mr. Hewicker advised Chairman Person that an Ordinance established the view plane from Harbor View Hills through Newport Center. Commissioner Turner pointed out that.the applicant has designed the project wherein there is a substantial drop off from Marguerite Avenue. Commissioner Goff commented that there was a thorough view analysis made at the time the project was approved. The public hearing was closed at this time. Motion Motion was made to Ayes x x x x x approve Use Permit No: 3173 subject to the findings and conditions of approval in Exhibit "A ". Chairman Person commented that he will support the motion based on the information as presented. Motion voted on, 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 the proposed development will result in more public visual open space inasmuch as the proposed project utilizes a zero lot line concept of development which provides increased side yard setbacks with adjoining lots. 3. The increased building height for that portion of the buildings in questions is located in the rear half of the buildings, furthest away from the street and downhill from the street, thereby resulting in more visual open space and views. The majority of the mass of the building is downslope and below street grade. 4. The roof system is an overall important design feature of the project, not only because it is • integral to the architectural treatment and visual character of the individual buildings, but also because the project will be primarily viewed from -26- C F C o f A v a m C z c m o m z MZ 9 N = o >ool = = T City Y f Newport p Beach m INDEX increase in height of the nine structures would not affect the view plane from the residents, Mr. Dickason replied that the residents views are being protected by developers because views have become a very sensitive subject , and there is a question of where the viewer is situated to what the viewer is viewing. Mr. Hewicker advised Chairman Person that an Ordinance established the view plane from Harbor View Hills through Newport Center. Commissioner Turner pointed out that.the applicant has designed the project wherein there is a substantial drop off from Marguerite Avenue. Commissioner Goff commented that there was a thorough view analysis made at the time the project was approved. The public hearing was closed at this time. Motion Motion was made to Ayes x x x x x approve Use Permit No: 3173 subject to the findings and conditions of approval in Exhibit "A ". Chairman Person commented that he will support the motion based on the information as presented. Motion voted on, 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 the proposed development will result in more public visual open space inasmuch as the proposed project utilizes a zero lot line concept of development which provides increased side yard setbacks with adjoining lots. 3. The increased building height for that portion of the buildings in questions is located in the rear half of the buildings, furthest away from the street and downhill from the street, thereby resulting in more visual open space and views. The majority of the mass of the building is downslope and below street grade. 4. The roof system is an overall important design feature of the project, not only because it is • integral to the architectural treatment and visual character of the individual buildings, but also because the project will be primarily viewed from -26- October 24, 1985 x 0 n f y 9 v v x r a m z T City of Newport Beach C Z N p C 0 0 p ROLL CALL above by neighboring residences in Jasmine Creek and Harbor View Hills and the public from the view Park to be constructed by the builder. 5. The increased building heights will not result in undesirable or abrupt scale relationships between the nine structures in questions, and the existing developments or public spaces. The approved tract map and precise grading plan required the site to be .lowered extensively in order to preserve existing views of its adjoining Harbor view Hills and Jasmine Creek residences. The nine structures included in this application are located below and well back from Marguerite Avenue and Harbor View Drive. 6. The requested height change for the subject nine lots is not an attempt to create added square footage but only to maintain the architectural and esthetic integrity of the original roof design. • ( I I I I I If additional square footage were the objective, the building footprint could be increased because additional area exists within the required set- backs. • 7. The approval of Use Permit No. 3173 will not, under the circumstances of this case be detri- mental 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 confor- mance with the approved plot plan, floor plans, and elevations. 2. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090, A of the Newport Beach Municipal Code. -27- MINUTES COMMISSIONERS October 24, 1985 MINUTES 7 7 C o Z C m y °" _ i Z a Z� a T m i City of Newport Beach C Z 0 O r o o A. Use Permit No. 3174 (Public Hearing) I Item No.7 Request to permit the construction of a two unit UP3174 residential condominium with related garages and carports, on property located.in the R -2 District. The 8817 proposal also includes modification to the Zoning Code so as to allow a bay window to encroach 9t inches into Approved the required front yard setback and the construction of Condition - two masonry pilasters and lights within the required ally front yard setback area which exceed 3 feet in height. ME B. Resubdivision No. 817 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for residential condominium purposes on property located in the R -2 District. • LOCATION: Lot 9, Block 429, Corona del Mar,' located at 433 Begonia Avenue, on the northwesterly side of Begonia Avenue between First Avenue and Second Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Harold J. Russell, Corona del Mar OWNER: Same as applicant ENGINEER: Ron Meidema, Costa Mesa Commissioner Goff stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item, and Mr. Don Monteleone, architect, 228 North Yale, Fullerton, appeared before the Planning Commission. Mr. Monteleone stated that the applicant concurs with the findings and conditions of approval. The public hearing was closed at this time. MM Motion was made to approve Use Permit No. 3174 and A IXIXIXI x Resubdivision No. 817, subject to the findings and conditions of approval in Exhibit "A ". Motion voted on, MOTION CARRIED. -28- ROLL "ANSSIONERSI October 24, 1985 Use Permit No. 3174 FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project is consistent with the adopted goals and. policies of the General Plan and the Local Coastal Program, Land Use Plan. 3. That an adequate number of on -site parking spaces will be provided for the residential condominium development. 4. The project will comply with all applicable standards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of ap- proval except for minor encroachments into the required 18 foot front yard setback for two masonry pilasters and one second floor bay window. 5. That the second floor balcony encroachment shown on the applicant's plans is not justified inasmuch as the development is a new construction project and there is adequate space on the subject proper- ty to design a building within the buildable area of the site. 6. The approval of Use Permit No. 3174 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further, that the modification to permit a bay window and two masonry pilasters to encroach into the required 18 foot front yard setback is consis- tent with the intent and purpose of Title 20 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. -29- MINUTES A x C o f 9 9 = L r O m C MZ M a N z o >aol , = r m Cit Y of Newport p Beach Use Permit No. 3174 FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project is consistent with the adopted goals and. policies of the General Plan and the Local Coastal Program, Land Use Plan. 3. That an adequate number of on -site parking spaces will be provided for the residential condominium development. 4. The project will comply with all applicable standards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of ap- proval except for minor encroachments into the required 18 foot front yard setback for two masonry pilasters and one second floor bay window. 5. That the second floor balcony encroachment shown on the applicant's plans is not justified inasmuch as the development is a new construction project and there is adequate space on the subject proper- ty to design a building within the buildable area of the site. 6. The approval of Use Permit No. 3174 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further, that the modification to permit a bay window and two masonry pilasters to encroach into the required 18 foot front yard setback is consis- tent with the intent and purpose of Title 20 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. -29- MINUTES 06A NAMISSIONERS October 24, 1985 c F C O O 2 m z c m s m z C m= m D° m I City of Newport Beach O z m 0 K 0 0 9 2 _ 2. That the project shall be redesigned so as to eliminate the second floor balcony encroachment into the required 18 foot front yard setback and to reduce the gross structural area of the proposed development to. 1.5 times the buildable area of the site. 3. That the carport entrance shall be redesigned to provide a slope acceptable to the Newport Beach Traffic Engineer. 4. That roll -up doors be provided on the garage adjacent to the carport parking. 5. That all conditions of approval of Resubdivision No. 817 shall be fulfilled. I I I I I I I 6. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Resubdivision No. 817 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 subdivi- sion. CONDITIONS: 1. That a parcel map shall be recorded. 11111111 2. That all improvements be constructed as required 0 by ordinance and the Public Works Department. -30- MINUTES INDEX October 24, 1985 MINUTES ■ ROLL CALL I III Jill I INDEX • 0 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a build- ing permit prior to completion of the public improvements. 4. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That deteriorated portions of existing concrete sidewalk be constructed along the Begonia Avenue frontage under an encroachment permit issued by the Public Works Department. 6. That vehicular access to the property be from the adjacent alley. 7. That County Sanitation District fees be paid prior to issuance of any building permits. 8. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. x x A D D 1 T 1 0 N A L B U S I N E S S: The Planning Commission discussed the continuous trend of businesses that cater to residents on the Balboa Peninsula being replaced by uses catering to tourists. Mr. Hewicker advised that there is money in the Current Planning Department budget during this fiscal year to begin a Specific Area Plan for the Central Balboa area. Regarding the preservation of neighborhood commercial' uses throughout Newport Beach, Mr. Hewicker informed the Planning Commission that the City Attorney's office is obtaining information relative to this subject from other cities, and he further commented that information has already been obtained through various State and City meetings, seminars, and conferences. Mr. Hewicker stated that after all of, the information has been -31- Additional Business Replacement of Businesses o r y m C c z w o S 0 T 0 m A= j City of Newport Beach ■ ROLL CALL I III Jill I INDEX • 0 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a build- ing permit prior to completion of the public improvements. 4. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That deteriorated portions of existing concrete sidewalk be constructed along the Begonia Avenue frontage under an encroachment permit issued by the Public Works Department. 6. That vehicular access to the property be from the adjacent alley. 7. That County Sanitation District fees be paid prior to issuance of any building permits. 8. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. x x A D D 1 T 1 0 N A L B U S I N E S S: The Planning Commission discussed the continuous trend of businesses that cater to residents on the Balboa Peninsula being replaced by uses catering to tourists. Mr. Hewicker advised that there is money in the Current Planning Department budget during this fiscal year to begin a Specific Area Plan for the Central Balboa area. Regarding the preservation of neighborhood commercial' uses throughout Newport Beach, Mr. Hewicker informed the Planning Commission that the City Attorney's office is obtaining information relative to this subject from other cities, and he further commented that information has already been obtained through various State and City meetings, seminars, and conferences. Mr. Hewicker stated that after all of, the information has been -31- Additional Business Replacement of Businesses COAAMISSIONERS1 October 24, 1985 MINUTES 7 x C O n C v y m 2 C m a m Z z m z = T m City of Newport Beach C z H a r O O ALL 77= 71NDEX obtained, the material will be submitted to the Planning Commission, and he recommended that the concerns also be exposed to the public. Commissioner Turner commented that he is of the opinion that this is a long -range project. Mr. Hewicker informed Chairman Person that the Newport Future Center General Plan Amendment will be available the Agenda second Planning Commission meeting in December and Items Cannery Village/McFadden Square should be available in November. The Planning Commission informed staff that they would Procedures prefer to have the more routine items at the beginning of the Planning Commission agendas. Commissioner Winburn also recommended that the Rules of Procedures be reviewed by the Planning Commission. Commissioner Kurlander was excused from the November 7, A es 1985, Planning Commission meeting. 0 ADJOURNMENT: 9:45 P.M. PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -32- Excused Absence Adjourn- ment.