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HomeMy WebLinkAbout10/29/1981MMISSIONERS REGULAR PLANNING COMMISSION MEETING Place: City Council Chambers Time: 7:30 p.m. Date: October 29, 1981 Cr City of Newport Beach MINUTES K W & CALL 1 1 1 1 1 1 1 1 I INDEX on A Ayes Motion A11 Ayes Motion All Ayes Motion All Ayes • x xlxlx XIXI* XIXI *IX xlxl *Ix R (Commissioner Balalis present at 8:25 p.m.) • * x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Acting City Attorney x * x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary * * x APPROVAL OF THE MINUTES Motion was made to approve the Minutes of the Regular Planning Commission Meeting of September 10, 1981, as previously revised, which MOTION CARRIED. Motion was made to approve the Minutes of the Regular Planning Commission Meeting of September 24, 1981, as written, which MOTION CARRIED. Motion was made to approve the Minutes of the Regular Planning Commission Meeting of October 8, 1981, as written, which MOTION CARRIED. Staff advised that the applicant for Item Nos. 6 and 7, Use Permit No. 2026 and Resubdivision No. .697,. has requested that these items be withdrawn. Staff further . advised that Item No. 28, Use Permit No. 2037 be removed from the calendar, in that the applicant has, not received the consent of the property owner. Motion was made to remove the above listed items from the calendar, which MOTION CARRIED. .. -1- 1 -3 f0 7c f/J 7 CI October 29, 1981 M Beach MINUTES _ RWR CALL I III III I I INDEX Request to permit the construction of a four unit residential condominium project and related garage spaces in the R -4 District. A modification to the Zoning Code is also requested inasmuch as the proposed development encroaches: a) 10 feet into the required 20 foot front yard setback on West Bay Avenue; b) 3 feet into the required 10 foot front yard setback along 19th Street; and c) 1 foot into the required 3.5 foot side yard setback along Vilelle Place. AND Request to create one parcel of land for residential condominium development where two lots now exist. LOCATION: Parcel 1 of Parcel Map 130-20-21 - (Resubdivision No. 590) and a portion of Lot 1 of Block B, Newport Tract located at 1824 Vilelle Place and 1821 West Bay Avenue on the northeasterly side of 19th Street and Vilelle Place on • the Balboa Peninsula. ZONE: R -4 - - APPLICANTS: Sweeney, Smith, Rossi, Eadington, Newport Beach OWNER: - Same as applicants Agenda Item Nos. 1 and 2 were heard concurrently due to their relationship. The public. hearing opened in connection with these items and Mr. Sweeney, representing the applicants, stated that the square footage of this project has been reduced by approximately 10 percent. He also stated that the buildings have been further separated, as requested by the Commission at the previous public hearing. Planning Director Hewicker discussed the background' information related to these items. -2- r1 U 1 7C � m Motion Withdrawal X Motion X • All Ayes IX • XIXI *!X October 29, 1981 Of Beach Motion was made for denial of Use Permit No. 2008. MINUTES Commissioner Beek stated that the reduction in the square footage by 10 percent is not adequate. He suggested that 1600 square feet per unit would be adequate for what is being proposed. He stated that he has no objections to the west building, but that the east building is still designed like a box. Planning Director Hewicker stated that in the event the Commission desires to deny these items, findings for denial must be prepared. He suggested that the Commission continue these items, so that the - staff -can prepare the findings for denial. Chairman McLaughlin withdrew her motion for denial. Mr. Sweeney stated that they are prepared to work with staff and consider the guidance and suggestions of the Commission in their next set of plans. Motion was made to continue Use Permit No 2008 and Resubdivision No. 692, to November 19, 1981. Chairman McLaughlin stated that the second set of plans submitted on these items were more acceptable. Commissioner Thomas stated that he is still concerned with the bulk, height and mass of the project. He stated that a 10 percent reduction in square footage is not significant. Commissioner King stated that the building should meet the requirements of the City, without encroachments. He stated that this would involve scaling down the project to meet the criteria set by the City. Planning Director stated that the encroachments being requested, are consistent with the encroachments as previously allowed by the Planning Commission in this block. Commissioner King stated that he is not opposed to certain setbacks, but that more buildings must start being designed to meet the criteria of the City. Motion to continue these items to November 19, 1981, was now voted on, which MOTION CARRIED. -3- INDEX COMMISSIONERS MINUTES October 29, 1981 Cr 1 City of Newport Beach CALL INDEX Agenda Item Nos. 3 and 4 were heard concurrently due to their relationship. Chairman McLaughlin stated that the public hearing will be opened, but that it is the intent of the Commission to continue these items for further study. The public hearing opened in connection with these items and Mr. Robert Kite, architect of the project, appeared before the Commission. Commissioner King suggested that an ad -hoc committee be appointed, consisting of two Commissioners, the developer or his representative, the staff, a member of . the tenant association, and a representative of the residential neighborhood, to resolve the critical problems of these items. Mr. Kite stated that this would appear to be a reasonable approach to the solution. Mr. Kite requested that these items not be • I I I I I I ' continued for more than a period of one month. -4- Request to consider a Traffic Study for a proposed Item #3 65,000 sq. ft, medical office building. TRAFFIC AND STUDY Request to construct a 65,000 sq. ft. t medical office building that exceeds the basic height limit in the AND 32/50 Height Limitation District, to permit roof parking structure, and to waive a portion of the required off - street parking spaces. Said application Item #4 also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of the project's required off- street parking spaces, and the acceptance of an environmental document. USE PERMIT NO. .2021 LOCATION: A portion of Lot 149, Block 2 o - - - -. Irvine's Subdivision, located at 351 Hospital Road on the northeasterly corner of Hospital Road and Placentia Avenue, opposite Hoag Memorial Hospital. Both Uontinued • ZONE:- A -P - - to January 7, 1982 APPLICANTS: - Park Lido, Ltd., Robert L. Wish, - General Partner, Santa Ana - - - OWNERS: - Same as applicants Agenda Item Nos. 3 and 4 were heard concurrently due to their relationship. Chairman McLaughlin stated that the public hearing will be opened, but that it is the intent of the Commission to continue these items for further study. The public hearing opened in connection with these items and Mr. Robert Kite, architect of the project, appeared before the Commission. Commissioner King suggested that an ad -hoc committee be appointed, consisting of two Commissioners, the developer or his representative, the staff, a member of . the tenant association, and a representative of the residential neighborhood, to resolve the critical problems of these items. Mr. Kite stated that this would appear to be a reasonable approach to the solution. Mr. Kite requested that these items not be • I I I I I I ' continued for more than a period of one month. -4- COMMISSIONERS MINUTES October 29, 1981 City of Newport Beach CALL INDEX Planning Director Hewicker stated that it would be extremely difficult to resolve and reschedule these items for the meeting in December. He stated that there have been substantial concerns expressed by members of the community relating to traffic, circulation and parking. Mr. Kite stated that they would be agreeable to such a.continuance. Commissioner Beek stated that a study, much broader than just this project, should be undertaken to address the traffic problems in this area of the City. Ms. Jackie Culver, resident of the area, stated that the applicant will be depriving her of the life style that she is accustomed to living in this area. Ms. Suzanne McBrien, owner of 16 residential units in the area, described the residential character of the " neighborhood. She expressed her concerns relating to traffic control, the aesthetics of a three -story • parking structure, and the devaluation of property values in the area. Ms. Elisabeth Halstein, resident of the Park Lido area, urged the Commission to read the letters and petitions which have been submitted in opposition to this project. She also expressed her concerns with the traffic problems in the general area. Mr. Gerald Van Gemert, attorney representing Park Lido Homeowner's Association, referred to his letter dated October 7, 1981, which briefly outlines the concerns of the homeowners. He stated that the project as presently designed, does not take into consideration. the legitimate concerns of the neighbors in this residential area. Ms. Vi Clark, resident of the Park Lido area, expressed her concerns with the traffic problems in the area. Ms. Pat Strang, representing the Newport Heights Community Association, reiterated their concerns relating to the traffic and the impact to the five point intersection of Westminster Avenue and Old Newport Boulevard. She also expressed their concerns relating to the noise which will be generated by this •. project. -5- COMMISSIONERS October 29, 1981 MINUTES CI Of Beach INDEX In response to a question posed by Commissioner Thomas, Ms. Strang stated that the road capacity in the area can not accommodate further intensification of development. Commissioner Thomas stated that perhaps the solution would be to amend the General Plan uses of the area, to balance with the traffic capacity. Mr.. Bill Wade, resident of the Bluffs, stated that he has submitted petitions in opposition to this project, from residents of the area who will have a direct sight line of the project. He stated that the lights of the proposed three -story parking structure will be glaring into the surrounding residences during the evening. Mr. Carl Kmyla, a partner in this project, appeared before the Commission and stated that this item has been continued from the meeting of September 24th, to review and make responses to the concerns that were expressed. He stated that he would be agreeable to a continuance of one month for the ad -hoc committee purpose. He requested that the Commission make their • decision on a timely basis. Ms. Rose Levinson, resident of Park Lido, stated that the residents in the area of Flagship and Patrice Road, have not been contacted by the developer to discuss this proposal. She stated that their quality of life will be greatly affected by this proposed project. (Commissioner Balalis was present at 8:25 p.m.) Ms. Nancy Skinner, resident of 724 Highland Drive, stated that the Banning /Beeco project decision should also be considered by the ad -hoc committee. She stated that perhaps the current zoning is incorrect for the area and the traffic capacity. Motion X Motion was made that the public hearing be continued to Ayes X X X xx X January 7, 1982, in an effort to resolve the questions Abstain X that have arisen tonight and in past testimony, which MOTION CARRIED. - Motion Y Motion was made to formulate an ad -hoc committee to study this item, which would be composed of two members of the Commission and the Chairman, the applicant, the developer, and, a representative of the tenants association and the residential neighborhoods adjacent • to the project. -6- COMMISSIONERS October 29, 1981 MINUTES City of Newport Beach LL I I INDEX Commissioner Allen asked if the findings of the committee are intended to be only advisory, or if their findings would be binding. Commissioner King stated that the committee findings would only be advisory to the Planning Commission. Commissioner Allen stated that there is more than one homeowner's association which is directly concerned with this project. Commissioner King stated that three representatives from the adjoining residential neighborhoods could be appointed to this committee. Commissioner Balalis apologized for being late and stated that he would be abstaining from the vote tonight on this matter. However, he suggested that the actual ad -hoc committee be limited to a small number, but that all interested parties be invited to attend these meetings. He further suggested that the Traffic Engineer. and City Engineer be included in these meetings. • Commissioner King stated that the committee will be addressing major concerns related to the project. Commissioner Thomas stated that the problems of the area should also be considered, including the traffic. He stated that a project of this nature, can not be planned in a vacuum. Mr. Bob Burnham, Acting City Attorney, explained to the Commission,. their powers in establishing an ad -hoc committee. Commissioner Allen referred to the map on the back of the staff report, and asked Commissioner King if the committee would be considering a smaller .area, in terms of the project. Commissioner King responded.no. In response to a question posed by Commissioner Balalis, Commissioner King concurred that it would be inappropriate. to include the Banning property in the discussions, as the decisions upon it have not become final. Commissioner Beek asked if perimeters of the committee discussions will include Old Newport Boulevard and • Westminster Avenue. Commissioner King concurred. -7- COMMISSIONERS October 29, 1981 MINUTES v 7C � D IF 11 City of Newport Beach CALL INDEX Ayes X X X K X Motion by Commissioner King to formulate an ad -hoc Noes X committee, was now voted on, which MOTION CARRIED. Abstain Chairman McLaughlin stated that the ad -hoc committee, shall consist of the following members: Commissioner King; Commissioner Allen; members of staff; the applicant; a Park Lido Association representative; the .tenant association representative - Mr. Gerald Van Gemert; Mediterranean Apartment representative - Mrs. Gray; Newport Heights Community Association - Pat Strang; and, Ms. Suzanne McBrien as an alternate. Planning Director Hewicker stated that these people will be notified of their membership on the committee. He stated that staff will also notify the adjoining' residential areas of the committee hearings. Tustin Avenue. ZONE: SP -5 • 11111111 -8- The Planning Commission recessed at 8:45 p.m. and reconvened at 8:55 p.m. Request to permit the construction of a restaurant Item #5 facility with on -sale alcoholic beverages located in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area. The proposal also includes a modification to the Zoning Code so as to USE PERMIT allow the use of tandem and compact car spaces with valet service for a portion of the required restaurant parking spaces, and a request to pay an annual in -lieu fee to the City for a portion of the required restaurant parking spaces, to be located in a future APPROVED ' municipal parking lot. The proposal also includes the CONDI- acceptance of an environmental document. TIONALLY`: LOCATION: A portion of Lot H, Tract 919, located _ at 2431 West Coast Highway on the southerly side of West Coast Highway approximately 290 feet easterly of Tustin Avenue. ZONE: SP -5 • 11111111 -8- COMMMIUNWK MINUTES October 29,,1981 or 20 F y y City of Newport Beach L CALL I 1 171 INDEX APPLICANT: CHE, Inc., (The Chart House) La Jolla OWNER: . Same as applicant The public hearing opened in connection with this item and Mr. John Callahan, representing The Chart House Restaurant, delivered a slide presentation which depicted existing Chart House Restaurants in California. He stated that the project will be compatible with the area, in that the are proposing to move the existing restaurant across the street. He stated that the architecture of the restaurant will blend with the existing working marina. He stated that it is written into their lease, that the restaurant will not serve lunches. Mr. Callahan referred to Condition of Approval No. 2, relating to in -lieu parking and stated that he would like to be advised as to when the new rate will take effect in the future. • Mr. Callahan referred to Condition of Approval No. 8 and stated that the word "restaurant" should be included when referring to the valet parking. Mr. Callahan referred to Condition of Approval No. 10, relating to the intertidal area, and stated that they would replace the amount of cubic feet from the Back Bay area, at a later time. Commissioner Beek asked Mr. Callahan if he would rather fund a bio- assay. Mr. Callahan stated that this would not be agreeable, because they do not anticipate upon utilizing much of the fill. . Mr. Callahan referred to Condition of Approval No. 19 . and requested that the hours of operation be revised to reflect the appropriate hours for a Sunday brunch, in that the boat yard would not be in operation on a Sunday.' Mr. Callahan referred to Condition of Approval No. 44' and stated that granting a 10 -foot easement to the City along the bay frontage, presents a problem. He stated that such an easement would result in adverse affects to public health and safety, in that the 30 -ton crane 0 11111111 -9- C UMM1551UNtK5 MINUTES October 29, 1981 cr City of Newport Beach LL ALL 77 1 1 INDEX will be in operation in the working marina. He stated that they are agreeable in providing the required walkway as a condition of the use permit, to permit public access which would be under the control of the applicant. Mr. Callahan referred to Condition of Approval No. 22 and stated that they have no objections to the required screening, as long as the crane is not required to be screened. Mr. Callahan referred to Condition of Approval No. 50 I and stated that the guest dock area will be cleared at 5:00 p.m. for the proposed use. In response to a question posed by Commissioner Allen, .I Mr. Callahan stated that the top of the roof will be screened and unoffensive. I I I I I Mr. Ken Kellogg, architect for the project, distributed new plans to the Commission for their review. He • stated that the structure will contain approximately 7,400 square feet. Commissioner Allen asked for staff to comment on the bay frontage walkway issue. Planning Director Hewicker stated that the walkway as initially proposed, would be a public walkway at the water level in front of the project, and eventually connect to existing uses on the bayfront. He stated that in -lieu of a floating walkway on the water, staff has suggested that there be an elevated walk more at the restaurant level, so that it could eventually connect with the Cano Restaurant property on the east. Mr. Callahan stated that it will be difficult to control the walkway portion which will be in the working marina area. He stated that they must have " control of this walkway portion for health and safety reasons. Commissioner Balalis stated that he can understand the concern that the public walkway is protected and does not interfere with the boat yard operation. He suggested that the applicant provide an easement up.to, said work area, and that the boat yard owner provide an • -10- COMMISSION or ;KF October 29, 1981 MINUTES City of Newport Beach CALL INDEX irrevocable offer to dedicate an additional segment in front of the boat yard, in the event the boat yard use should ever. change. He stated that in this way, the applicant's easement would be protected from the boat yard's easement. Planning Director Hewicker stated that in order for the public to be guaranteed the right -of -way, there has to be a granting of a public easement. Mr. Hank Hill, owner of the boat yard in question, stated that a boat yard is a potentially high risk operation. He stated that a public walkway can be utilized, only if he can control the access. He stated that some of the equipment utilized in his boat yard operation can present a potential hazard to the public, if he can not control the access of the public walkway. Commissioner Balalis suggested that the public easement be granted, along with necessary controls to allow for the public health and safety. Mr. Bob Burnham, Acting • City Attorney, stated that the property owner could grant the easement, whereby the City would enter into an agreement with the property owner that would allow the property owner to exercise control for the protection of the public safety. Mr. Callahan stated that this would be agreeable. Commissioner Winburn asked Mr. Hill to explain how the maintenance of the boats will be handled, after the restaurant is built. Mr. Hill stated that after the restaurant is built, the extensive boat work will be taken to Costa Mesa or Irvine for spray painting and sandblasting. Commissioner Winburn referred to Condition of Approval No. 38 and asked how much the applicant will have to deposit for the sound attenuation barrier. Planning Director Hewicker stated that there has not been a determination made as to how costs will be assigned for individual projects. He stated that possibly, the fair share cost will be based upon a traffic assignment, or a square footage basis. He stated that the Commission has applied this same idea to the traffic circulation ' improvement fund. Commissioner Balalis stated that he would be opposed to such a sound attenuation barrier • I I I I ' I I fund for this commercial area and this project. -11- October 29,1981 MINUTES of Newport Beach M R W L CALL I I I I Jill I INDEX Commissioner Thomas asked if this is the first project' which proposes to build out over the water to the bulkhead line. Planning Director Hewicker stated that the Ancient Mariner Restaurant to the west, is built out to the bulkhead line. Commissioner Thomas asked if there will be any net loss to the slip spaces. Planning Director stated that the current slip spaces are used in conjunction with the boat yard operation. Mr. Hill stated that a large fairway area will be gained by this proposal. He further stated that there will be no loss of linear footage of boat docks. Mr. Ken Wilson, resident of 2505 West Coast Highway, stated that this proposal will maintain the marine flavor of the area and enhance the beauty of the bay area. Mr. Joseph Minney, representing Josh Slocum's Restaurant on West Coast Highway, stated that he is in • favor of this proposal, because it will maintain a portion of the marine industry on the bay. Mr. Jeff Jones, business owner in the area, stated that he is in favor of this proposal. Mr. Gordon Barienbrock, property owner in the area, stated that he is in favor of the proposed restaurant and ship yard. He stated that a dedicated easement has legal implications and asked if this easement can be a condition of the use permit. Commissioner Balalis stated that the Commission is trying to create a public walkway for access to the bay. He stated that the easement process is the best way to handle this situation. Mr. Barienbrock stated that a public walkway for a restaurant use is a great idea, but not so for a ship yard operation. Mr. John Vallely, resident of 2042 Commodore Road, stated that without such a dedication, there will be broken walkways around the bay wherever boat cranes are in operation. Commissioner Balalis stated that boat yard operations do present hazards to the general public. He stated that by requiring an irrevocable offer to dedicate, in the event the crane operation is • ever removed, is the solution to the problem. -12- COMMISSIONERS October 29, 1981 MINUTES Commissioner Allen requested that particular attention be given to the roof and view lines from the City park, Cliff Drive and Kings Road area. Mr. Burnham proposed the following language for Conditions Nos. 44 and 45: With respect to the public, access easements to be granted by the applicant, the City and the applicant shall enter into an agreement . approved to in form by the City Attorney, that will allow applicant or his employees to restrict access to or travel along the easement during the operation of the boat yard when necessary to preserve public safety. Amendment X Commissioner Balalis concurred with this language. • -13 5- 2 rai City of Newport Beach CALL INDEX Mr. Vallely stated that by requiring such easements, owners of waterfront properties will become inland lot owners and will not have direct access to the waterfront. Commissioner Thomas stated that the California Constitution, directed through the Coastal Act, states that access to the waterfront shall not be denied. Commissioner Balalis stated that the granting of such an easement, does not preclude the owner from the use of such easement, or the rights of the water. Motion X Motion was made for approval of Use Permit No. 2025, subject to the following findings and revised conditions, including the acceptance of an environmental document. The revised conditions shall be as follows: Condition No. 8 shall refer to the restaurant operation only; Condition No. 19 shall state, except on Sundays or at any other time the boat yard is not open, if the boat yard is not open on Saturday, the ,applicant shall be allowed to serve brunch; Condition No. 2 should state on an annual basis, or in the event the parking structure is built a • one time purchase fee, not to exceed $10,000 per parking space; Condition No. 38 for the sound attenuation barrier shall be deleted; Condition No. 44 to provide for the 10 foot easement and the irrevocable offer to dedicate and to allow for control by the applicant for the public safety; Condition No. 10 shall state that the compensation shall not exceed $5,000; Condition No. 49, relating to the proposed municipal parking lot shall be deleted; Condition No. 22 shall exclude the crane from the screening requirement. Commissioner Allen requested that particular attention be given to the roof and view lines from the City park, Cliff Drive and Kings Road area. Mr. Burnham proposed the following language for Conditions Nos. 44 and 45: With respect to the public, access easements to be granted by the applicant, the City and the applicant shall enter into an agreement . approved to in form by the City Attorney, that will allow applicant or his employees to restrict access to or travel along the easement during the operation of the boat yard when necessary to preserve public safety. Amendment X Commissioner Balalis concurred with this language. • -13 k /WSSIUNEK5 October 29, 1981 MINUTES 11 0 City of Newport Beach M ILL CALL I I I INDEX Amendment I I I I I IX. Amendment I I I I I Ix • Amendment Amendment Commissioner Thomas referred to Condition No. 10 and stated that compensation shall be comensurate with the replacement costs of the intertidal habitat, not, to exceed $10,000. Commissioner Balalis stated that he would be agreeable to $5,000. In response to a question posed by Planning Director Hewicker, Commissioner Balalis stated that it is the . City's responsibility to build the municipal parking lot. He stated that in the event the parking lot is not built, the applicant can come back to the Commission and request that condition No. 49 be removed. Therefore, he stated that Condition No. 49 will remain. Commissioner Beek stated that additional wording is needed to clarify the 10 foot vertical access issue. Mr. Burnham suggested the following modified language to eliminate the 10 foot reference without specifying the location and width: "That a public access easement will be granted to the City so as to provide unobstructed public access from the sidewalk on West Coast Highway ". He stated that a precise public access easement can be located which would allow horizontal access from West Coast Highway to the easement bayward, without specifying its location and width, with the condition that the applicant have the ability to control access when necessary to protect public safety. Commissioner Balalis stated that this would be acceptable. Commissioner Beek suggested that a small sign be posted on the easement which states that it provides public access to the bay. Commissioner Winburn stated that this would be a dangerous location to post such a sign. Commissioner Thomas stated that language is contained in the Local Coastal Plan which requires the signage of a public access. He suggested a condition that the applicant recognize that at some time in the future, upon the implementation of the Local Coastal Plan, signage will be required on these easements. Commissioner Balalis accepted this as an amendment to his motion. Commissioner Beek stated that this proposal will be eliminating a portion of a boat yard and is being • replaced by another restaurant on the waterfront which is deplorable. -14- A11 Ayes • COMMISSIONERS C 7C Dry J 0 ca 7 October 29, 1981 loll t Beach MINUTES INDEX Amended motion by Commissioner Balalis for approval of X JX JX.J X X Use Permit No. 2025 and the acceptance of the environmental document, was now voted on as follows, which AMENDED MOTION CARRIED: ENVIRONMENTAL DOCUMENT Accept the Environmental Document as complete with the finding indicated below: FINDINGS: 1. That an Initial Study and Negative Declaration has been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially- significant environmental effects, and that the project will not result in significant environmental impacts. USE PERMIT NO. 2025 - - - - FINDINGS: - 1. That the proposed use is consistent with the City of Newport Beach General Plan and Local Coastal Plan, and is compatible with surrounding land uses. 2. The project will not have any significant' environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The proposed restaurant use will not preclude—the attainment of the objectives for the Mariner's Mile Specific Area Plan. -15- 1 7c L _D g �y C October 29, 1981 MINUTES of Newport Beach � R W L CALL I 1 1 1 ill I I INDEX • • 5. That the establishment of tandem and compact car parking spaces in the on -site parking area will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 6. That the limited use of the off -site municipal I parking lot for employee parking will not create undue traffic hazards in the surrounding areas. 7. That the hours of operation of the proposed I restaurant and the marine commercial use are such, so as to allow joint use of the on -site parking facilities. 8. The approval of Use Permit No. 2025 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial. conformance with the approved plot plans, floor plans and elevations except as noted below. 2. That twenty (20) in -lieu parking spaces shall be purchased from the City on an annual basis, for the duration of the restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. In the event a parking structure is built on the Municipal lot, a one time purchase fee, not to exceed $10,000 per space, shall be required. 3. That employees of the restaurant shall be required . to park in the municipal parking lot. -16- COMMISSIONERS MINUTES October 29, 1981 g OR N City of Newport Beach CALL INDEX 4. That any trash areas shall be screened from the adjoining property and from West Coast Highway and Newport Bay. 5. A wash -out area surrounded by 6 -inch curbing or the equivalent and connected directly to the sewer system shall be provided. 6. The parking lot and all landscaped areas shall be kept clean and properly maintained. 7. Prior to demolition of existing facilities and. construction of new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 8. The use of valets for parking for the restaurant operation only, shall be required during all hours • of operation. 9. That a minimum of one parking space for each 40 sq. ft. of "net public area" and one parking space for each 250 sq. ft. of floor area in the marine hardware building shall be provided. 10. .Prior to issuance of building permits, the applicant shall agree to participate in a compensation program for the loss of intertidal area which shall be commensurate with the replacement costs of the intertidal habitat, not to exceed $5,000, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. 11. .Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. - 12. A grading plan shall include a 'complete plan for temporary and permanent drainage facilities, to', minimize any potential impacts from silt, debris,' and other water pollutants. • -17- • • COMMISSIONERS October 29, 1981 MINUTES Cr City of Newport Beach CALL INDEX 13. The grading permit shall include, if required, a description of haul routes, access routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 14. An erosion and dust control plan shall be submitted and be subject to approval of the . Building Department. 15. An erosion and siltation control plan, if required, shall be approved by the California Regional Water Quality Control Board - Santa Ana Region. 16. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils engineer and an engineering geologist subsequent to completion of a comprehensive soils and geologic investigation of the site. "Approved as Built" grading plans on standard -size sheets shall be furnished to the Building Department. 17. Final site plans shall be reviewed and approved by the Traffic Engineer to ensure adequate on -site circulation and sight distance at ingress and egress locations. 18. The restaurant shall provide an escort or van system to ensure the safety of restaurant personnel returning to the municipal parking lot after restaurant hours. 19. That the restaurant shall not be open to the public prior to 5:00 p.m. and shall close no later than 2:00 a.m., on a daily basis, except on Sundays or at any other time the boat yard is not open. if the boat yard is not open on Saturday, the applicant shall be allowed to serve brunch.' 20. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities'. -18- COMMISSIONERS October 29, 1981 MINUTES FiLZ3 y City of Newport Beach n U • IIIIIIII INDEX 21. Prior to occupancy of any building, the applicants shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer,capacity is available to serve the project. 22. Any mechanical equipment and emergency. power generators shall be screened from view, and noise associated with said structures shall be sound - attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. The boat yard crane shall be excluded from such requirements. 23. Prior to occupancy of any buildings, a program for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. 24. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). 25. The landscape plan shall be subject to review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 26. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 27. The landscape plan shall place heavy emphasis 'on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid „ surface runoff and overwatering. • C1 COMMISSIONERS October 29, 1981 MINUTES City of Newport Beach CALL INDEX 28. The landscaping plans adjacent to the drive entrances shall be reviewed and approved by the Public Works Department and the Department of Parks, Beaches and Recreation for sight distance requirements. 29.. The project shall be so designed to eliminate light and glare spillage on adjacent uses. Any parking lot lighting shall be subject to approval of the Planning Department. 30. Should any resources be uncovered during construction, a qualified archaeologist or paleontologist shall evaluate the site prior to completion of construction activities, and all work on the site shall be done in accordance with the City Council's Policies K -5 and K -6. 31. That grease interceptors shall be installed on all fixtures where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 32. The final design of on -site vehicular and pedestrian circulation shall be reviewed and approved by the Public Works Department and the Planning Department prior to issuance of the grading permit. 33. Signing shall be reviewed by the City Traffic Engineer. 34. Handicap and compact parking spaces shall be designated by a method approved by the City' Traffic Engineer. 35. The layout of the surface and structure parking shall be subject to further review and approval of the City Traffic Engineer. 36. The parking arrangement during the construction period shall be approved by the City's Planning Department and Traffic Engineer prior to issuance of any grading and /or building permit(s) should the applicant desire to continue operation of the existing facilities during the construction period. -20- COMMISSIONERS October 29, 1981 MINUTES *1 c loll t Beach INDEX 37. All on -site drainage shall be approved by the City I Public Works Department. 38. Prior to issuance of building and /or grading /demolition permits, the Planning Department shall approve a signing program for the proposed project. 39. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. Construction basins or other devices shall be installed to prevent waste from getting into Newport Bay.. 40. An Army Corps of Engineers permit shall be obtained prior to any reconstruction of bulkheads. 41. That all improvements be constructed as required by Ordinance and the Public Works Department 42. That an engineering report on the existing • bulkhead be prepared by a civil or structural engineer, and that the bulkhead be upgraded in conformance with the recommendation of the engineering report and to the satisfaction of the Building Department and the Marine Department. The top of the bulkhead is to be at elevation 9.00 above M.L.L.W. (6.27 M.S.L.) . The design of the new portions of the bulkhead and ramp shall be approved by the Marine Department and the Building Department. 43. That a 10 -foot wide easement be granted to the City along the bay frontage so as to provide , unobstructed public access across the entire project (except in front of the boat launch). Said easement shall be improved with a concrete walkway or other material meeting the approval of the Public Works and Planning Departments. With respect to the public access easements to be granted by the applicant, the City and the applicant shall enter into an agreement approved to in form by the City Attorney, that will allow applicant or his employees to restrict access to or travel along the easement during the operation of the boat yard when necessary to preserve public • safety. -21- COMMISSIONERS MINUTES October 29, 1981 :E 1 1 � City of Newport Beach CALL INDEX 44. That a public access easement shall be granted to the City so as to provide unobstructed public access from the sidewalk on West Coast Highway to the walkway on the bay. Said easement shall be located and improved in a manner meeting the approval of the Public Works and Planning Departments. With respect to the public - access easements to be granted by the applicant, the City and the applicant shall enter into an agreement approved to in form by the City Attorney, that will allow applicant or his employees to restrict access to or travel along the easement during the operation of the boat yard when necessary to preserve public safety. 45. That full width concrete sidewalk be constructed along the West Coast Highway frontage and that any unused drive depressions shall be removed and replaced with curb, gutter and sidewalk. That all improvements along West Coast Highway be completed under an encroachment permit issued by the • California Department of Transportation. 46. That a standard use permit agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 47. That the applicant agree to the removal of the on- street parking across the property frontage (approximately 3 parking spaces). 48. That an occupancy permit for the proposed restaurant use shall not be permitted until the completion of the proposed municipal parking lot in Mariner's Mile. - 49. That ,a maximum credit of four parking spaces shall. be given for the proposed four guest dock facilities. Should the guest docks be used for any use other than guest docks for the restaurant, the owner shall be required to provide four parking spaces in a location meeting the approval of the Planning Commission, or reduce the net • public area of the restaurant accordingly. -22- kMISSIONERS October 29, 1981 MINUTES 2 �D 01 y' N City of Newport Beach INDEX 50. That the applicant recognize that at some time in the future, upon the implementation of the Local Coastal Plan, signage will be required on the required access easements. ■ The Planning Commission recessed at 10:20 p.m. and reconvened at 10:30 p.m. r * � Request to permit the construction of a two -unit Item #6 residential condominium project and related garage spaces in the R -2 District. USE PERMIT AND NT. 2 226 Request to create one parcel of land for residential • condominium purposes where one lot presently exists. AND LOCATION: Lot 6, Block 34 of Newport Beach Tract, - - located at 3411 Seashore Drive, on the Item #7:: southerly side of Seashore Drive between 34th Stret and 35th Street in West Newport. RESUB- ZONE: R -2 - DIVISION NO. 697 APPLICANT: Properties West, Newport Beach - - OWNER: Same as applicant - Both SURVEYOR: Ron Miedema, Costa Mesa Removed From a�lendar' Staff advised that the applicant has requested that these items be withdrawn. Motion Motion was made to remove Use Permit No. 2026 and All Ayes X X X X Resubdivision No. 697 from the calendar, which MOTION CARRIED. - - • ' -23- CALL • • October 29, 1981 Of Beach MINUTES Request to permit the construction of a two -unit residential condominium project and related garage spaces in the R -3 District.. AND Request to create one parcel of land for residential condominium purposes where one lot presently exists. INDEX Item #8 USE PERMIT NO. 2027 AND LOCATION: Lot 13, Block 109, Section B. Newport Beach Tract, located at 924 West Balboa Boulevard,.on the northerly side of West Balboa Boulevard, between 9th Street and .IteM #9 10th Street, on the Balboa Peninsula. ZONE: R -3 - _ - RESUB- DIVISION APPLICANT: Properties West, Newport Beach NO. 698 OWNER: Same as applicant SURVEYOR: Ron Miedema, Costa Mesa Agenda Item Nos. 8 and 9 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Dana Smith, representing the applicant, appeared before the Commission and requested approval of these items. Commissioner Thomas asked staff to explain the difference in the regulations of building a condominium as opposed to a duplex. Planning Director Hewicker stated that in terms of construction, there is no . difference. He stated that the applicant has built a series of duplexes which he is having difficulty in selling. He stated that the applicant is desirous of converting them to condominiums so that he may sell one unit at a time. He stated that these units have not been occupied, and therefore the condominium conversioIn ordinance would not apply. Commissioner Allen stated that the applicant had sent her a copy of the Covenants, Conditions and Restrictions (CC &R's). Planning Director Hewicker -24- BOTH PROVED CONDI TIONALLY COMMISSIONERS October 29, 1981 MINUTES of Newport Beach M RI!WLCALLI 111 1 1 1 I 1INDEX stated that the City has not required that the CC &R's be submitted for approval. Commissioner Allen stated that a potential problem may arise for these two units, if the vote of the homeowner's association results in a tie vote. She suggested that an arbitration clause, such as the American Arbitration Association, may be preferable to the litigation clause. Mr. Smith concurred and stated that the by -laws of the homeowner's association will address the arbitration issue. Motion X Motion was made for approval of Use Permit No. 2027, Ayes x X X X X subject to the following findings and conditions, which Noes X X MOTION CARRIED: FINDINGS: 1. That each of the proposed units has been designed as a condominium with - separate and individual utility connections. • 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use of building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • -25- COMMISSIONERS October 29, 1981 MINUTES Cr Lf City of Newport Beach CALL I I I I I I I INDEX CONDITIONS: 1. That development shall be in substantial' conformance with the approved plot plan, floor plans, and elevations. 2. That two garage spaces shall be provided for each. dwelling unit. 3. That all conditions of approval of Resubdivision No. 698 be fulfilled. Motion $ Motion was made for approval of Resubdivision No. 698, _ Ayes X I X X X X subject to the following findings and conditions, which Noes X X MOTION CARRIED: FINDINGS: 1. That the map meets the requirements of Title 19 of • the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: - 1. That a parcel map be filed. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each unit be. served with individual water' services and sewer laterals unless otherwise approved by the Public Works Department, and that this 'condition be satisfied prior to recordation of the parcel map. 4. That the existing 'alley paving be extended to join the existing concrete driveway and that this work be completed under an encroachment permit issued by the Public Works Department prior to recordation of. the parcel map. -26- kMISSIONERS October 29, 1981 MINUTES City of NeWDort Beach INDEX Request to permit the construction of a two -unit residential condominium project and related garage Item #10 spaces in the R -3 District. AND Request to create one parcel of land for residential condominium purposes where one lot presently exists. LOCATION: Lot 18, Block 17, Section B of Newport Beach Tract, located at 1723 West Balboa Boulevard, on the southerly side of West Balboa Boulevard between 18th Street and 19th Street on the Balboa Peninsula. USE PERMIT NO. 2028 AND Item #11 ZONE: R -3 - - - -- - RESUB APPLICANT: Properties West, Newport Beach - - DIVISION N0. 699 OWNER: Same as applicant -- SURVEYOR: Ron Miedema, Costa Mesa • BOTH Agenda Items Nos. 10 and 11 were heard concurrently due TOYED to their relationship. C NCI- — TIONALLY The public hearing opened in connection with these items and Mr. Dana Smith, representing the applicant, appeared before the Commission and requested approval of these items. Motion X Motion was made for approval of Use Permit No. 2028 Ayes X X X X X subject to the following findings and conditions, which Noes X X MOTION CARRIED: FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. • 1 111 1111 -27- 1 1 I.UMMTJJIUNtKJ MINUTES October 29, 1981 Cr 1 3 City of Newport Beach CALL INDEX 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use of building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace; comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: • 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That two garage spaces shall be provided for each dwelling unit. 3. That all conditions of approval of Resubdivision No. 699 be fulfilled. Motion I II X Motion was made for approval of Resubdivision No. 699, Ayes X X X X X subject to the following findings and conditions, which Noes X X MOTION CARRIED: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. • I I I I I I I 1 -28- COMMISSIONERS * -4 W C fn J 1�O 5 • • October 29, 1981 itv of t Beach I MINUTES INDEX 2. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each unit be served with individual water services and sewer laterals unless otherwise approved by the Public Works Department, and that this condition be.satisfied prior to recordation of the parcel map. 4. That the existing .alley return be removed and replaced with curb and sidewalk, transitioning to a drive depression at the adjacent driveway, allowing a 20 foot wide drive depression. This work shall be completed under an encroachment permit issued by the Public Works Department and prior to . recordation of the Parcel Map. Use Permit No. 2029 (Public Hearing) lItem Nos. 12 thru.17 Request to permit the construction of a two -unit residential condominium project and related garage spaces in the SP -4 District. AND - - ALL'. APPROVED Resubdivision No. 700 (Public Hearing) GONDI- TIONALLY: Request to create one parcel of land for residential condominium purposes where one lot presently exists. LOCATION:- Lot 12, Block 4 of the Seashore Colony Tract, located at 204 Walnut Street, on the easterly side of Walnut Street, between West Coast Highway and Newport Shores - Drive, in Newport Shores. ELNUI -29- 1 x 2i X11, 5' 10 N October 29, 1981 Of t Beach MINUTES INDEX Use Permit No. 2030 (Public Hearing) Request to permit the construction of a two -unit residential condominium project and related garage spaces in the SP -4 District. Resubdivision No. 701 (Public Request to create one parcel of land for residential condominium purposes where one lot presently exists. LOCATION: Lot 11, Block 4 of the Seashore Colony Tract, located at 206 Walnut Street on the easterly side of Walnut Street,` between West Coast Highway and Newport Shores Drive, in Newport Shores. AND Use Permit No. 2031 (Public Hearing) • Request to permit the construction of a two -unit residential condominium project and related garage spaces in the SP -4 District. AND Resubdivision No. 702 (Public Hearing) - Request to create one parcel of land for residential condominium purposes where one lot presently exists. LOCATION: Lot 10, Block 4, of the Seashore Colony Tract, located at 208 Walnut Street on the easterly side of Walnut Street, between West Coast Highway and Newport Shores Drive, in Newport Shores. ZONE: SP -4 APPLICANT: Properties West, Newport Beach OWNER: Same as applicant SURVEYOR:- Ron Miedema, Costa Mesa 1 COMMISSIONERS October 29, 1981 MINUTES :E.� ' City of Newport Beach R CALL I I I I INDEX Agenda Item Nos. 12, 13, 14, 15, 16, and 17 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Dana Smith, representing the applicant, appeared before the Commission and requested that these items be approved. Motion X Motion was made for approval of Use Permit No. 2029, Ayes X X X X X subject to the following findings and conditions, which Noes X MOTION CARRIED: FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the iproposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working . in the neighborhood of such proposed use or be detrimental or ' injurious to property, and improvements in the neighborhood or the general welfare of the City. -31- n U �M�SJfVNtIC� October 29, 1981 MINUTES 0 � City of Newport Beach INDEX CONDITIONS: - 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That two garage spaces shall be provided for each dwelling unit. 3. That all the .conditions of Resubdivision No. 700 shall be fulfilled. Motion X Motion was made for approval of Resubdivision No. 700, Ayes X X X X subject to the following findings and conditions, which Noes X X- MOTION CARRIED: - FINDINGS: - - 1. That the maps meet 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 a parcel map be filed. 2. That all improvements be constructed as required by ordinances and the Public Works Department. 3. That each dwelling unit be served with individual sewer laterals and water services unless otherwise approved by the Public Works Department. 4. The concrete sidewalk be constructed along the Walnut Street frontage and that damaged curb be replaced as required. All work within. the public right -of -way will be completed - under an encroachment permit issued by the Public Works Department. • -32- COMMISSIONERS October 29, 1981 MINUTES C W City of Newport Beach CALL INDEX 5. That the deteriorated sections of the existing asphalt concrete alley be reconstructed adjacent to the proposed driveways so that the driveways have a smooth join at the alley. 6. That arrangements be made with the Public Works Department to guarantee satisfactory completion of.. the public improvements, if it is desired to record the parcel map prior to completion of the public improvements. Motion X - Motion was made for approval of Use Permit No. 2030, - _- Ayes Y X X X X subject to the following findings and conditions, which Noes K X MOTION CARRIED: FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual • utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the. use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace,' comfort and general welfare of persons residing.or working in the neighborhood of such proposed use or, be detrimental or injurious to property and • improvements in the neighborhood or the general welfare of the City. -33- COMMISSIONERS c �D October 29, 1981 of Newport Beach MINUTES CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That two garage spaces shall be provided for each dwelling unit. 3. That all the conditions of Resubdivision No. 701 shall be fulfilled. Motion X Motion was made for approval of Resubdivision No. 701., Ayes X X % X X subject to the following findings and conditions, which Noes X X MOTION CARRIED: FINDINGS: - • 1. That the maps meet 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. . 1. That a'parcel map be filed. 2. That all improvements be constructed as required by ordinances and the Public Works Department. 3. That each dwelling unit be served with individual. sewer laterals and water services unless otherwise approved by the Public Works Department. 4 The concrete sidewalk be constructed along the . Walnut Street frontage and that damaged curb be replaced as required. All work within the public right -of -way will be completed under an. I I ( I I ( encroachment permit issued by the Public Works • Department. -34- October 29, 1981 C 7c L D City of Newport Beach CALL on Noes I I XI I X Ayes X X X r1 U • X MINUTES 5. That the deteriorated sections of the existing asphalt concrete alley be reconstructed adjacent to the proposed driveways so that the driveways have a smooth join at the alley. 6. That arrangements be made with the Public works Department to guarantee satisfactory completion of the public improvements, if it is desired to record the parcel map prior to completion of the public improvements. Motion was made for approval of Use Permit No. 2031, .subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing.or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -35- : C0MMI551UNLKS It October z9, 1981 MINUTES . City of Newport Beach CALL INDEX CONDITIONS: - - - 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That two garage spaces shall be provided for each dwelling unit. 3. That all the conditions of Resubdivision No. 702 shall be fulfilled. w a t MOtion x. Motion was made for approval of Resubdivision No. 702,- -- Ayes K x x x x subject to the following findings and conditions, which Noes x - x MOTION CARRIED: - - - FINDINGS: - - 1. That the maps meet 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 a parcel map be filed. 2. That all improvements be constructed as required by ordinances and the Public Works Department. 3. That each dwelling unit be served with individual ` sewer laterals and water services unless otherwise approved by the Public Works Department. 4. The concrete sidewalk be constructed along the Walnut Street frontage and that damaged curb be replaced as required. All work within the public right -of -way will be completed under an encroachment permit issued by the Public Works Department. • -36- - - COMMISSIONERS c ' October 29, 1981 z t Beach MINUTES _ Re[L CALL I I I I I I I I INDEX • n L_J 5. That the deteriorated sections of the existing asphalt concrete alley be reconstructed adjacent to the proposed driveways so that the driveways have a smooth join at the alley. 6. That arrangements be made with the Public Works Department to guarantee satisfactory completion of. the public improvements, if it is desired to record the parcel map prior to completion of the public improvements. s � x Use Permit No. 2032 (Public Hearing) Request to permit the construction of a two -unit residential condominium project and related garage spaces on property located in the R -2 District. AND Resubdivision No. 703 (Public Hearing) Request to create one parcel of land for residential condominium purposes where one parcel presently exists. LOCATION: Parcel 3, Parcel Map 153 -48 ( Resubdivison No. 640) , located at 201 30th Street on the northwesterly corner of 30th Street and West Balboa Boulevard in Central Newport. AND USE PERMIT NO. 2033 (Public Hearing) - Request to permit the construction of a 2 -unit residential condominium project and related garage spaces on a lot located in the R -2 District. AND Resubdivision No. 704 (Public Hearing) Request to create one parcel of land for residential condominium purposes where one parcel presently exists. -37- Item, Nos. T& thru 23 ALL APPROVED C NU DI- TIONALLY 1 • Motion Ayes .Noes • I XI X X October 29, 1981 1 1 MINUTES of Newport Beach LOCATION: Parcel. 2, Parcel Map 153 -48 (Resubdivision No. 640) located at 203 .30th Street, on the northwesterly side of 30 Street between Newport Boulevard and West Balboa Boulevard in Central Newport. AND Use Permit No. 2034 (Public Hearing) Request to construct a two -unit residential condominium project on property located in the R -2 District. AND Resubdivision No. 705 (Public Hearing) Request to create one parcel of land for residential. condominium purposes where one parcel presently exists. LOCATION: Parcel 1, Parcel Map 153 -48 (Resubdivision No. 640) located at 205 30th Street, on the northwesterly side of 30th Street between Newport Boulevard and West Balboa Boulevard in Central Newport. ZONE: - R -2 APPLICANT: Properties West, Newport Beach OWNER: Same as applicant SURVEYOR: Ron Miedema, Costa Mesa Agenda Item Nos. 18, 19, 20, 21, 22 and 23 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Dana Smith, representing the applicant, appeared before the Commission and requested approval of these items. X Motion was made for approval of Use Permit, No. 2032, subject to the following findings and conditions, which MOTION CARRIED: -38- INDEX October 29, 1981 Citv of Newport Beach MINUTES FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. • 6. The establishment, maintenance or operation of the use of building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That two garage spaces shall be provided for' each dwelling unit. 3. That all conditions of approval of Resubdivisioh No. 703 be fulfilled. * x • 1 1 1 1 1 1 1 1 -39- s � October 29, 1981 MINUTES of Newport Beach M RMEL CALL I III Jill I INDEX N Noes IX I I I XIXIX • Motion Ayes X Noes 11x • Motion was made for approval of Resubdivision No. 703, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map.be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each unit be served with individual water services and sewer laterals unless otherwise approved by the Public Works Department. Motion was made for approval of Use Permit No. 2033, subject to the following findings and conditions, which MOTION CARRIED: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of . approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. -40- COMMISSIONERS October 29, 1981 MINUTES C x �a y 9 City of Newport Beach CALL INDEX 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the . use of building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working . in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor • plans, and elevations. 2. That two garage spaces shall be provided for each dwelling unit. 3. That all conditions of approval of Resubdivision No. 704 be fulfilled. Motion X Motion was made for approval of Resubdivision No. 704, Ayes X X X X % subject to the following findings and conditions, which Noes x $ MOTION CARRIED: - FINDINGS: - - - - - - 1. That the map meets the requirements of Title 19 of. the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. • -41 � m w Motion X Ayes X X X Noes • r1 LJ XIX October 29, 1981 MINUTES ity of Newport Beach INDEX CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each unit be served with individual water services and sewer laterals unless otherwise approved by the Public Works Department. s Motion was 'made for approval of Use Permit No. 2034, subject to the following findings and conditions, which MOTION CARRIED: - - - - -- . FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium' development. 6. The establishment, maintenance or operation of the use of building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -42- CUMNONUNEK5 October 29, 1981 MINUTES Cr City of Newport Beach CALL I INDEX 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That two garage spaces shall be provided for each dwelling unit. 3. That all conditions of approval of Resubdivision No. 705 be fulfilled. Motion X Motion was made for approval of Resubdivision No. 705, Ayes x X x x subject to the following findings and conditions, which Noes x x. MOTION CARRIED: - - - FINDINGS: - 1. That the map meets the requirements of Title 19 of • the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by , ordinance and the Public Works Department. 3. That each unit be served with individual water services and sewer laterals unless otherwise approved by the Public Works Department. -43- • ME 1 �O 7c N October 29, 1981 MINUTES of Newoort Beach INDEX Request to create two parcels of land for single family residential development where a portion of one lot now Item #24 exists, and the acceptance of an Environmental Document. LOCATION: A portion of Lot 94, Tract No. 1701, RE$UB located at 501 and 525 E1 Paseo Drive, on DIVISION the northwesterly side of E1 Paseo Drive NO..643 bewteen Malabar Drive and.Bayside Drive in Irvine Terrace.. ZONE: R -1 DENIED APPLICANT: Dr. Robert Hubert, Newport Beach OWNER: Same as applicant ENGINEER: Robert Bein, William Frost and Associates, Newport Beach The public hearing opened in connection with this item and Dr. Hubert, the applicant, appeared before the Commission. Dr. Hubert discussed background information related to this item and stated that this proposal will have a minimal impact upon the community and will enhance the area. He distributed. to the Commission, a letter dated October 29, 1981, from Mr. John Richards, the engineer. Mr. John Richards, representing Robert Bein, William Frost and Associates, the engineer, stated that his letter addresses the concerns expressed in the staff report. He stated that a circular ingress and egress drive access has been provided, so that the street traffic flow will not be disrupted. He stated that, they anticipate the excavation to be approximately 2,200 cubic yards, which is not much for a hillside, slope area. Mr. John Vrba, resident of 1547 Dolphin Terrace, stated that he is opposed to the resubdivision because excavation of any kind may cause slides in this area, due to the unstable soil. He further stated that the proposal ignores the City's Hillside Development Standards K -7 and exceeds the normal grade standards. He also stated that the homeowner's of the area are opposed to this proposal and referred to the letters of • opposition on file. -44- �MISSIUNtKS October 29, 1981 MINUTES � � � City of Newport Beach INDEX In response to a question posed by Commissioner Beek, Planning Director 'Hewicker explained City _Council' Policy K -7, Hillside Development Standards. He stated that these standards apply to the grading and alterations of natural slopes, whereas this proposal involves a graded slope which was created by the Irvine Terrace subdivision. Planning Director Hewicker discussed with the Commission the various letters which have been submitted relating to this item. Mr. Richard Plastino, resident of 628 Malabar Drive, stated that he is in favor of this proposal. He stated that this proposal will not have an impact upon the residential density of the area and that the architecture will blend with the hill. He stated that setting a precedent does not have to be negative, when the lots that will be created will meet the City requirements. He also stated that the community association has voted to maintain a neutral position. • Mr. Arthur Balkwill, resident of 600 Malabar Drive, stated that his view and sight of the harbor will be severely impacted and requested that this proposal be denied. Mr. Val Skoro, resident of 1601 Bayadere Terrace, stated that Irvine Terrace is a community composed of approximately 400 single story homes. He requested that the single story character of the community be maintained to preserve the views of the area. He also expressed his concern with the steep slope of the lot. He stated that the community association guidelines state that any construction or structural improvements on the slopes that may be seen from the street or neighborhood property is prohibited. Mr. Severyn Long, resident of 1536 Dolphin Terrace, stated that the slope of the lot is very steep and requested that this item be denied. Mr. John Fricke, 'resident of 624 Ramona Drive, stated that the cutting of the slope will set a precedent in the area and will affect the stability of the slope. • IIIIIIII -45- 1 �MISSIONERS October 29, 1981 MINUTES Citv of Newport Beach M RML CALL 1 1 1 1 1 1 1 1 I INDEX Ms. Muriel Reynolds, resident of 1529 Dolphin Terrace, stated that the applicant's property is solid earth, not filled land. She stated that the square footage is large enough to subdivide and requested that this item be approved. In response to a question posed by Commissioner Beek, Planning Director Hewicker stated that the property in . question is a cut slope. Motion X Motion was made for denial of Resubdivision No. 643 All Ayes X X X X X X X. (Amended) based upon the following findings, which MOTION CARRIED: FINDINGS: - - - 1. That the approval of this tentative parcel map will permit an increase in residential density on the site. 2. The extensive cuts necessary for any residential • development on Parcel No. 2 will be detrimental to the adjoining residential property. 3. The approval of this application may set a precedent for property owners of other large lots in Irvine Terrace to request similar lot splits. x * x Request to create two parcels of land for commercial Item #25 purposes where two parcels presently exist. LOCATION: Parcel 1 and Parcel 2 of Parcel Map 133 -14 (Resubdivision No. 569), located at 1101 RE$UB- Bayside Drive, on the southeasterly corner DIVISION of Bayside Drive and Marine- Avenue, NO. 706 adjacent to the Balboa Island Channel. ZONE: C -1 -H APPROVED COND3- APPLICANT: Southwest Engineering, Santa Ana - TIONALLY- OWNER:' The Irvine Company, Newport Beach and Bayside Square Office Building, Newport Beach • ENGINEER: Same as applicant -46- MMISSIUNEKS October 29, 1981 MINUTES Cr ?� � a m y City of Newport Beach Motion All Ayes I X r1 \_J • The public hearing opened in connection with this item and Mr. Phillip Ringel, owner of Parcel No. 2, appeared before the Commission and requested approval of this item. In response to a question posed by Commissioner Allen, Planning Director Hewicker stated that this proposal will not change the public access right -of -way or the liability thereof. X �(1 Motion was made for approval of Resubdivision No. 706, I subject to.the following findings and conditions, which MOTION CARRIED: FINDINGS: - - 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. The project will not have any significant environmental impact. 1. That a parcel map be filed. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That all easements of record be shown on the parcel map. 4. That a pedestrian easement be dedicated to the City at the southwesterly corner of Parcel 1 to encompass. the existing pedestrian walkway. The . configuration of the easement shall be approved by the Public Works Department. -47- INDEX o October 29, 1981 Of Beach MINUTES RMFL CALL I 111 1111 1INDEX a • • 5. That a license agreement for maintenance and repair of the non - standard improvements along the pedestrian easement adjacent to the bulkhead by provided by the owner of Parcel 2. 6. That the owners of Parcels 1 and 2 enter into an agreement for maintenance and repair of the bulkhead in that the bulkhead is in Parcel 2 and the tie rods and anchors are in Parcel 1. The agreement shall be recorded in the County Recorders Office and completed prior to recordation of the parcel map. Request to establish a Chinese Restaurant with on -sale beer and wine, in an existing building located in the Retail Commercial area of the Mariner's Mile Specific Plan Area. Said application also includes the acceptance of an off -site parking agreement for all of the required restaurant parking spaces. LOCATION:. A portion of Lot F, Tract No. 919, located at 2930 West Coast Highway, on the northerly side of West Coast Highway, between Riverside Avenue and North Newport Boulevard, in Mariner's Mile. ZONE: SP -5 APPLICANT: Ye -Ter Mau and Wei -Tian Mau, Inglewood OWNER: Said Shokrian, Corona del Mar The public hearing opened in connection with this item and Mr. Robert Winterbotham; attorney representing the applicants, appeared before the Commission. Mr. Winterbotham referred to Conditions of Approval Nos. 13, 14 and 15, and stated that removing the concrete steps and dedicating the 12 foot strip of land without compensation, would be difficult for the applicant to accept. am Item #26 USE PERMIT NO. 2035 APPROVED CONDI- TIONALLY. :, 1 7C iD �D '�G y3ic vi • • October 29, 1951 MINUTES of Newport Beach Mr. Winterbotham stated that the applicant has entered into a five year lease with the owner. He stated that the building in question is over 40 years old and the terms of the lease state that the applicant may not make any alterations on the exterior of the building. He stated that if the applicant is successful in his business, and renews his option on the lease, they would then be agreeable to removing the concrete steps after five years. He stated that the applicant would even be agreeable in depositing monies in an account to guarantee that the steps be removed. He then requested that Condition of Approval No. 13 be waived. Mr. Winterbotham referred to Condition of Approval No. 14 and stated that the applicant's proposed restaurant business will be very small. He stated that such a dedication would reduce his business by approximately 50 percent. Commissioner Balalis stated that the dedication is being requested for leasehold rights only. He added that this is a requirement for every application located on West Coast Highway. Mr. Bob Burnham, Acting City Attorney, stated that with regard to this particular structure, the dedication of the 12 feet will eliminate the opportunity to do business out of the building. He stated that the request for dedication, may have more of an economic impact, in this particular case. Commissioner Balalis suggested a condition that in the event this particular structure is ever remodeled, for any purpose other than the use of the restaurant, that the request for the dedication shall be required. Mr. Burnham suggested that a five year limit be placed upon the use permit. Commissioner Balalis concurred. Mr. Winterbotham stated that this would be acceptable. Commissioner Allen referred to Condition No. 13 and. asked for further clarification on the concrete steps. Mr. Don Webb, City Engineer, stated that this is one public sidewalk which is almost totally blocked by . steps, making it virtually impossible for a handicapped person to utilize the sidewalk. CPL' INDEX 1 x Z m October 29, 1981 MINUTES of Newport Beach INDEX Mr. Winterbotham stated that embedded into these steps. are the gas and water meters. Commissioner Balalis' stated that the City and the gas company can put vaults in there for those purposes. Mr. Winterbotham suggested that the applicant place a cash deposit, with a one year time limit to remove the steps, and a condition that a three foot clearance would be sufficient. Commissioner Balalis concurred. Commissioner Beek suggested that if the top step is wide enough to serve as a sidewalk, it could be ramped up at the end. Mr. Webb stated that if it is four feet, this would be possible. Mr. Winterbotham stated that this would be agreeable and that the applicant could place a $600.00 cash deposit, with six months in which to ramp the front obstruction. Mr. Webb stated that they will work with the applicant in this endeavor. Ms. Pat Strang, representing Newport Heights Community Association, expressed her concern that children on • their bicycles also use this sidewalk. She also referred to the parking lot and suggested that there be a right turn only onto West Coast Highway, if needed. Mr. Webb stated that this is an item in which the Traffic Engineer will review. Commissioner Beek stated that the standard condition for a washout area for trash containers should also be required for this item. Motion X Motion.was made for approval of Use Permit No. 2035, All Ayes X Y X X X X X subject to the following findings and conditions, with the agreed upon changes relating to the ramping of the step, added condition for a washout area, and that the use permit shall be for a period of five years, which MOTION CARRIED as follows: - FINDINGS: - 1. The proposed restaurant is consistent with the General Plan, and- is compatible with surrounding land uses. 2. The Police Department has indicated that they 'do not contemplate any problems. • 1 1 11 1111 -50- COMMISSIONERS October 29, 1981 MINUTES FuL57 0 1" City of Newport Beach INDEX 3. The proposed project will not have any significant environmental impact. 4. The off -site parking area adjoins the subject" property, and therefore, is so located to be useful to the proposed restaurant facility. 5. The off -site parking spaces will not create undue traffic hazards in the surrounding area. 6. The restaurant site and the off -site parking lot are under the same ownership, and the applicant will be a long term lessee of both sites if this application is approved. 7. The approval of Use Permit No. 2035 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to • property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plans, except as noted below. 2. That a minimum of one parking space for each 40 sq.ft. of "net public area" shall be provided for the restaurant facility. 3. That all mechanical equipment and trash areas,, shall be screened from public streets, or. adjoining properties. 4. That all unpaved portions of the proposed parking area shall be fully improved and all deteriorated portions of existing paving shall be repaired. 5. That the offsite parking lot shall be marked with approved traffic markers or painted white lines not less than 4 inches wide in accordance with a plan to be approved by the City Traffic Engineer. • 11111111 -51- MISSIONERS CI October 29, 1981 MINUTES of Newport Beach M R 1 9 F L CALL 1 1 1 1 1 1 1 1 I INDEX 12. That an offsite parking agreement shall be ap- proved by the City Council, guaranteeing that a minimum of 18 parking spaces shall be provided on a portion of Lot F, Tract no. 919 for the duration of the restaurant facility located at 2930 West Coast Highway. The required number of parking spaces may be reduced to 12 spaces when a portion of the restaurant use is eliminated in conjunction with the widening of West Coast Highway. 13. That all improvements be constructed as required by Ordinance and the Public Works Department. • 11111111 -52- 1 6. That a landscape and irrigation plan shall be prepared and implemented for the off - site parking area in accordance with the requirements of the Mariners' Mile Specific Area Plan, and shall be permanently maintained. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning Department. 7. That employees of the restaurant use shall park in the off -site parking lot at all times. 8._ That any parking lot lighting shall be designed so as to eliminate any light or glare upon surrounding properties and .West Coast Highway. 9. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 401 of the Rules and Regulations of the South Coast Air - - - Quality Management District. In addition, the kitchen hood system shall have an automatic fire • protection system installed. 10. That a washout area for trash containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the storm drains. 11. That grease interceptors shall be installed on all fixtures where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 12. That an offsite parking agreement shall be ap- proved by the City Council, guaranteeing that a minimum of 18 parking spaces shall be provided on a portion of Lot F, Tract no. 919 for the duration of the restaurant facility located at 2930 West Coast Highway. The required number of parking spaces may be reduced to 12 spaces when a portion of the restaurant use is eliminated in conjunction with the widening of West Coast Highway. 13. That all improvements be constructed as required by Ordinance and the Public Works Department. • 11111111 -52- 1 1 1 P_ 5,101 S • • October 29,1981 MINUTES of Newport Beach 14. That the existing steps located within the public right -of -way be ramped and approved by the Public Works Department and that all work be completed under an encroachment permit issued by the California Department of Transportation. 15. That a standard use permit agreement and accom- panying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain occupancy or a building permit prior to completion of the public improvements. 16. That this approval shall be for a period of five years. Any extension of said use permit shall be approved by the Planning Commission and the dedication of the lessee's interest to 12 feet of right -of -way on West Coast Highway shall be reviewed, and the removal of the steps in said right -of -way shall be required. Request to establish a take -out ice cream shop in the commercial area of the Newport Shores Specific Plan Area, and to waive a portion of the required off - street parking spaces in conjunction with said use. LOCATION: Lots 7 and 8, Seashore Colony Tract, - located at 211 and 213 62nd Street, on the southwesterly corner of 62nd Street and Newport Shores Drive in Newport Shores. ZONE: SP -4 APPLICANT: Salvin Construction, Costa Mesa OWNER: Creative Way, Inc. -, Costa Mesa The public hearing opened in connection with this item and Mr. Cliff Hanson and Mr. Tom Platford, the owners, appeared before the Commission and requested approval of this item. Mr. Hanson stated that they have signed a use permit application for the Bun -n- Barrel. - -53- INDEX Item #27 USE PERMIT N0. 2036 Continued to November 19, 1.981 1 October 29,, 1981 In Beach MINUTES _ R g n CALL I I I I Jill INDEX Motion All Ayes XIXIXIX Commissioner Balalis stated that the Bun -n- Barrel has been in operation for approximately 5 years, without applying for a use permit. Mr. Hanson stated that he has just recently acquired the ownership of the building and did not know if this was his jurisdiction. Mr. Bob Burnham, Acting City Attorney, stated that if this matter is referred to his office by the staff, the Bun -n- Barrel will have 15 days to submit their . application, after which an injunction will be served. Commissioner Beek stated that this would seem to be the City's enforcement problem, not the landlord's problem. Planning Director Hewicker stated that perhaps the owner of the building, can persuade the Bun -n- Barrel to submit their application. Motion was made to continue this item to November 19, 1981, in order for the Bun -n- Barrel to submit an application, which MOTION CARRIED. Request to establish an automobile retail facility in the M -1 -A District. The proposal also includes a request for a modification to the Zoning Code so as to allow the placement of a ground sign within the required 15 foot front setback area. LOCATION: Lot 8, Tract No. 3201, located at 3800 Campus Drive, on the easterly side of Campus Drive between Quail Street and Bristol Street, across from the John Wayne Airport. ZONE: M -1 -A - APPLICANT: Goldenwest Enterprises, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach Staff recommended that this item be removed from the calendar, in that the applicant has not received the consent of the property owner. Motion X Motion was made to remove Use Permit No. 2037 from the Alyes X X X X X* X calendar, which MOTION CARRIED. * ** -54- Item #28 USE PERMIT NO. 2037 REMOVED FROM CALENDAR CUMM1551UNLK5 October 29, 1981 MINUTES 6 w City of Newport Beach CALL INDEX Motion All Ayes • • ADDITIONAL BUSINESS - Planning Director Hewicker discussed a letter dated October 27, 1981 from Jack Hester relating to the Mariners' Mile Specific Plan District (SP -5). Motion was made to set for public hearing on November X X X X X X 19, 1981, an amendment to Chapter 20.62 of the Newport Beach Municipal Code as it pertains to permitting residential uses in the Mariners' Mile Specific Plan District (SP -5), which MOTION CARRIED. r • x Chairman McLaughlin requested that a letter be prepared to be sent to UCI which would initiate communication relating to the development of the 123 acres at. University Drive for a medical complex. She stated that this will impact the traffic in the area and that more information needs to be learned about this project. F.' l There being no further business, the Planning Commission adjourned at 11:45 p.m. Joan Winburn, Secretary Planning Commission City of Newport Beach -55-