Loading...
HomeMy WebLinkAbout11/08/1984WAISSIONERS REGULAR PLANNING COMMISSION MEETING � A 0 PLACE: City Council Chambers E � v � � m TIME: 7:30 p.m. z c m> m = DATE: November 8, 1984 M = s ° m Cit X n L_J Motion All Ayes Motion All Ayes IX x P MINUTES INDEX All Present. EX- OFFICIO MEMBERS PRESENT: I James D. Hewicker, Planning Director Robert H. Burnham, City Attorney x * � STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Donald Webb, City Engineer Dee Edwards, Secretary x • x Minutes of October 18, 1984 Motion was made for approval of the minutes of the Planning Commission meeting of October 18, 1984, which Minutes MOTION CARRIED. 1 10 -18 -84 Request for Continuance Staff recommended that Agenda Item No. 3 (Resubdivision Request No. 787) be continued to the Planning Commission Continu, meeting of December 6, 1984. Motion was made to continue Item No. 3 to December 6, 1984, which MOTION CARRIED. A. Traffic Study .(Continued Public Hearing) Item #1 Request to consider a traffic study so as to permit the Traffic construction of a two story office - retail building in Study the C -1 -Z District. 0 11111111 AND y of Newort Beach X n L_J Motion All Ayes Motion All Ayes IX x P MINUTES INDEX All Present. EX- OFFICIO MEMBERS PRESENT: I James D. Hewicker, Planning Director Robert H. Burnham, City Attorney x * � STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Donald Webb, City Engineer Dee Edwards, Secretary x • x Minutes of October 18, 1984 Motion was made for approval of the minutes of the Planning Commission meeting of October 18, 1984, which Minutes MOTION CARRIED. 1 10 -18 -84 Request for Continuance Staff recommended that Agenda Item No. 3 (Resubdivision Request No. 787) be continued to the Planning Commission Continu, meeting of December 6, 1984. Motion was made to continue Item No. 3 to December 6, 1984, which MOTION CARRIED. A. Traffic Study .(Continued Public Hearing) Item #1 Request to consider a traffic study so as to permit the Traffic construction of a two story office - retail building in Study the C -1 -Z District. 0 11111111 AND ROLL • • M /V\D 11UNM) November 8, 1984 X s c O O z c m j m z C z N O i o o M 9 a m> m m City of Newport Beach 9 2 B. Use Permit No. 3114 (Continued Public Hearing) Request to permit the construction of a two story office - retail building and related subterranean parking spaces in the C -1 -Z District, in the Corona del Mar Specific Plan where a Specific Plan has not been adopted. The proposal also includes a modification to the Zoning Code so as to allow the use of substandard aisle widths with wider than standard parking spaces and compact spaces. Architectural roof -top features are also proposed in excess of height limits in the 32/50 Foot Height Limitation District. The proposal also includes the acceptance of an environmental document. AND C. Resubdivision No. 792 (Public Hearing) Request to establish a single parcel of land and eliminate interior property lines where five lots presently exist so as to permit the construction of a retail commercial /office complex on the property. LOCATION: Lots 16, 18, 20, and 22, Block 732, Corona del Mar Tract and Lot 1, Block L, Tract No. 323, located at 2600 East Coast Highway, on the northeasterly corner of East Coast Highway and Dahlia Avenue, in Corona del Mar. - ZONE: C -1 -Z APPLICANT: Ernest George, Corona del Mar OWNER: Same as applicant ENGINEER: Duca- McCoy, Inc., Corona del Mar Commissioner Koppelman informed the Planning Commission that she has read the September 20, 1984, Planning Commission minutes and is prepared to participate in the Planning Commission's action on this matter. Planning Director Hewicker stated that staff has been informed that there is concern regarding the project's landscaping and subterranean parking structure. Staff has recommended that the plans be revised so as to include 5 foot landscaping on the exterior sides of the property along East Coast Highway, Dahlia Avenue and 2 MINUTES Use Permit No. 3114 Resubdivi- sion No. 792 Approved Condition- ally ROLL • • November 8, 1984 of Newport Beach Fifth Avenue. Staff did not research the question of pumping waste water out of the subterranean garage. Commissioner Person referred to Condition No. 21, stating that the developer should submit a liability policy in lieu of a posted bond. City Attorney Burnham advised that Condition No. 21 may be amended to read that the developer provide for a bond or other form of insurance to guarantee payment of damage done during the construction phase. Mr. Burnham also indicated that staff has recommended the deletion of Condition No. 10. Current Planning Administrator, Mr. William Laycock, advised that Staff has recommended the addition of Condition No. 31, stating that all of the employees shall park their automobiles on -site. The public hearing opened in connection with this item, and Mr. Ernest George, 2865 East Coast Highway, Corona del Mar, appeared before the Planning Commission. Mr. George stated that the square footage of the project has been reduced by half and includes only one floor of a subterranean garage. Mr. George commented that he does not agree with Staff that he should provide 5 foot landscape setbacks on the three exterior sides of the project; however, he stated that there are plans to have trees planted on the corner of the site. Mr. George said that the requested setbacks will reduce the project by 1740 sq. ft. with no additional benefits to the City. Mr. George advised that the current proposal as is .83 times the buildable area of the site. A reduction of 383 feet as requested by Staff will permit a structure of .81 times the buildable area. Mr. George stated that he has tried to comply with the Planning Commission demands by providing one parking space for every 250 sq. ft. of floor area and reducing the project from 28,000 sq. ft. to 14,407 sq. ft. Mr. George requested that if the Planning Commission feels that the 5 foot setbacks are necessary, then he would like to propose that the original project be approved including the setbacks. Mr. George confirmed with Planning Chairman Winburn that he agrees with all of the findings and conditions in the Staff Report with the exception of Conditions No. 2 and 3. 3 MINUTES xx c o � mr v a C m a m z M s 0 a r n x c a 0 a > O o x m 0 O m a M m Z 9 S 9 2 M m ROLL • • November 8, 1984 of Newport Beach Fifth Avenue. Staff did not research the question of pumping waste water out of the subterranean garage. Commissioner Person referred to Condition No. 21, stating that the developer should submit a liability policy in lieu of a posted bond. City Attorney Burnham advised that Condition No. 21 may be amended to read that the developer provide for a bond or other form of insurance to guarantee payment of damage done during the construction phase. Mr. Burnham also indicated that staff has recommended the deletion of Condition No. 10. Current Planning Administrator, Mr. William Laycock, advised that Staff has recommended the addition of Condition No. 31, stating that all of the employees shall park their automobiles on -site. The public hearing opened in connection with this item, and Mr. Ernest George, 2865 East Coast Highway, Corona del Mar, appeared before the Planning Commission. Mr. George stated that the square footage of the project has been reduced by half and includes only one floor of a subterranean garage. Mr. George commented that he does not agree with Staff that he should provide 5 foot landscape setbacks on the three exterior sides of the project; however, he stated that there are plans to have trees planted on the corner of the site. Mr. George said that the requested setbacks will reduce the project by 1740 sq. ft. with no additional benefits to the City. Mr. George advised that the current proposal as is .83 times the buildable area of the site. A reduction of 383 feet as requested by Staff will permit a structure of .81 times the buildable area. Mr. George stated that he has tried to comply with the Planning Commission demands by providing one parking space for every 250 sq. ft. of floor area and reducing the project from 28,000 sq. ft. to 14,407 sq. ft. Mr. George requested that if the Planning Commission feels that the 5 foot setbacks are necessary, then he would like to propose that the original project be approved including the setbacks. Mr. George confirmed with Planning Chairman Winburn that he agrees with all of the findings and conditions in the Staff Report with the exception of Conditions No. 2 and 3. 3 MINUTES COWAISSIONERS November 8, 1984 x F In reply to Commissioner Turner's question, Mr. George G O Q 2 y advised that the additional 383 sq. ft. could be added m 2 N o r 0 0 iIM A � = T m { City of Newport Beach z substitute motion to amend Condition No. 2, to include 4 MINUTES In reply to Commissioner Turner's question, Mr. George advised that the additional 383 sq. ft. could be added between the buildings if the 5 foot setbacks are required. Mr. Hewicker stated that the .Staff proposed that the space remain between the buildings and reduce the buildings by 383 sq. ft. Mr. George confirmed Commissioner Koppelman's inquiry by replying that if the Fifth Avenue setback would be eliminated and if the Dahlia Avenue and East Coast Highway 5 foot setbacks remained, that this would help the project. Mr. George stated that without the setback he would have an additional 500 sq. ft, for the building or the courtyard. Mr. Hewicker advised Commissioner Turner that the property across Fifth Avenue of the proposed project is presently being considered for multi - family residential use as a Senior Citizens Center. • The public hearing was closed at this time. Commissioner Turner advised that a maintenance problem could develop if there would be a 5 foot setback along East Coast Highway, which has a very heavy traffic area, because it is very possible that the public would throw trash in that area. Motion x Commissioner Turner made a motion to approve Use Permit No. 3114 with a revision to Condition No. 2, deleting a 5 foot setback from East Coast Highway; delete Condition No. 10; Condition No. 21 should be revised to "or other form of assurance "; add Condition No. 31 "That all employees shall park their automobiles on- site ". Commissioner Winburn clarified the motion with Commissioner Turner by stating that without the setback area on East Coast Highway, that the square footage of the building would remain the same; however, the additional space would be added to the courtyard area. Commissioner Person stated he will support the motion and complemented Mr. George on his revised proposal. Commissioner Koppelman commented that because the project is in a very visible area of Corona del Mar, S#itute that she would like to see additional landscaping on Motion x East Coast Highway. Commissioner Koppelman made a substitute motion to amend Condition No. 2, to include 4 MINUTES COMMISSIONERS a0v f a = v m C z c m m z W D S Z r S C 2 N O S 0 O O i a m O m D M m 12 9 = a= m m ROLL CALL I Ayes Noes IMotion.' All Ayes Motion Ves • Ix x x x November 8, 1984 of Newport Beach the 5 foot setback on East Coast Highway and Dahlia Avenue, and to delete the 5 foot setback on Fifth Avenue. Conditions No. 10, 21, and 31 will remain as stated in the previous motion. Commissioner Turner stated that he would not support the substitute motion in consideration of the future development on Fifth Avenue which would be looking only at the building without any landscaping and, as previ- ously stated, he feels there would be a maintenance problem on East Coast Highway because of the trash. The substitute motion was voted on, and MOTION CARRIED. A motion was made to approve the Traffic Study, subject to the findings and conditions of Exhibit "A ", which MOTION CARRIED. - A motion was made to subject to the findings which MOTION CARRIED. Environmental Document FINDINGS: approve Resubdivision No. 792, and conditions of Exhibit "A ":, 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the de- cisions on this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce poten- tially significant environmental effects, and that the project will not result in significant en- vironmental impacts. Traffic Study FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. a MINUTES 0 I� u November 8, 1984 of Newport Beach 2. That the Traffic Study indicates that the project - generated traffic will be less than one percent of existing, plus committed, plus regional traffic during the 2.5 hour peak period on any leg of a critical intersection, will add to an unsatisfac- tory level of traffic service at critical inter- section which will have an Intersection Capacity Utilization of greater than .90. 3. That the Traffic Study suggests a circulation system improvement which will improve the level of traffic service to an acceptable level at all critical intersections. 4. That the proposed project, including the circu- lation system improvement will neither cause nor make worse an unsatisfactory level of traffic service on any "major ", "primary- modified" or "primary" street. CONDITION: 1. That a raised median be constructed in East Coast Highway to prevent left turns from Dahlia Avenue onto East Coast Highway. The median shall be designed to CalTrans standards and constructed under an Encroachment Permit issued by the California Department of Transportation. The median must be completed prior to occupancy of any buildings constructed in the subject property. Use Permit No. 3114 FINDINGS: 1. The proposed use is consistent with the Land Use Element of the General Plan. 2. The proposed office - retail building is in keeping with the desired character of the specific plan area as identified by the General Plan. 3. The proposed use will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. 4. The proposed use is a high quality development which will serve to protect and preserve property A MINUTES INDEX F F C O O 2 m c z c m o m a m n A z r O C 2 N O L O O o M m 0 m D T Z z z a z m m 0 I� u November 8, 1984 of Newport Beach 2. That the Traffic Study indicates that the project - generated traffic will be less than one percent of existing, plus committed, plus regional traffic during the 2.5 hour peak period on any leg of a critical intersection, will add to an unsatisfac- tory level of traffic service at critical inter- section which will have an Intersection Capacity Utilization of greater than .90. 3. That the Traffic Study suggests a circulation system improvement which will improve the level of traffic service to an acceptable level at all critical intersections. 4. That the proposed project, including the circu- lation system improvement will neither cause nor make worse an unsatisfactory level of traffic service on any "major ", "primary- modified" or "primary" street. CONDITION: 1. That a raised median be constructed in East Coast Highway to prevent left turns from Dahlia Avenue onto East Coast Highway. The median shall be designed to CalTrans standards and constructed under an Encroachment Permit issued by the California Department of Transportation. The median must be completed prior to occupancy of any buildings constructed in the subject property. Use Permit No. 3114 FINDINGS: 1. The proposed use is consistent with the Land Use Element of the General Plan. 2. The proposed office - retail building is in keeping with the desired character of the specific plan area as identified by the General Plan. 3. The proposed use will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. 4. The proposed use is a high quality development which will serve to protect and preserve property A MINUTES INDEX "MISSIONERSI November 8, 1984 MINUTES of Newport Beach ROLL CALL I III III I _TINDEX E x a c o values and to encourage other high quality devel- � x opment in the area. m 2 C D m z m a a z r LI 2 c z w o z o o M m 0 m D Z a z y Z T M of Newport Beach ROLL CALL I III III I _TINDEX E values and to encourage other high quality devel- opment in the area. 5. The proposed development does not adversely affect the public benefits derived from expenditures of the public funds for improvement and beautification of streets and public facilities within the area. 6. The proposed development promotes the maintenance of superior site location characteristics adjoin- ing major thoroughfares of City -wide importance. 7. Adequate parking spaces and related vehicular circulation will be provided in conjunction with the proposed development. 8. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modifications. 9. The proposed number of compact car spaces consti- tutes 19 percent of the required off - street parking spaces which is within limits generally accepted by the Planning Commission in the past. 10. That the proposed substandard aisle width will not have a detrimental effect on parking and circu- lation inasmuch as the width of the parking stalls has been increased in proportion to the reduction in aisle width. 11. That the roof -top architectural features in excess of the permitted height limit are ornamental features which will add to the character of the building, and will not block any views. 12. That the proposed development will intensify the need for on -site, off - street parking in comparison to past and current uses of the subject property. 13. The approval of Use Permit No. 3114 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental 7 COMMISSIONERS November 8, 1984 MINUTES of Newport Beach INDEX x x a or injurious to property or improvements in the m C z c m> m z Q p 9 Z S C 2 0 3 z o 0 0 m 0 m m m S S z z 2 z 9 Z M m of Newport Beach INDEX or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS 1. That development shall be in substantial confor- mance with the approved revised plot plan, floor plans, elevations and sections, except for any changes in design which may be necessitated by other conditions of approval set forth below. 2. That the building shall maintain a minimum setback of 5 feet from all property lines adjacent to East Coast Highway and Dahlia Avenue. This setback. area shall be appropriately landscaped to provide a buffer between the sidewalk area and the commer- cial building. 3. That the gross floor area of the structure shall not exceed 14,111 sq. ft. (.81 times the buildable . area of the site). 4, That all conditions of approval of Resubdivision No. 792 and the Traffic Study shall be fulfilled. 5. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to occupan- cy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 6. The landscape plan shall be approved by the Parks, Beaches and Recreation Department, the Public Works Department and the Planning Department. 7. That on -site parking, vehicular and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. 8. That the intersection of the private drive with the public street shall be designed to provide sight distance for a speed of 25 miles per hour. • Slopes, landscaping, walls and other obstructions shall be considered in the sight distance require- ments. Landscaping within the sight distance line shall not exceed 24 inches in height. 8 COMMISSIONERS • • November 8, 1984 of Newport Beach 9. The incline of the ramp from the parking structure to street level shall not exceed 15%. 10. Deleted 11. The driveway and ramp down to the first parking level shall be a minimum of 26 feet wide with a minimum center line radius of 25 feet. other ramps shall be a minimum of 24 feet wide with shear walls held back a minimum of 5 feet from the parking aisles. 12. Columns, walls and other supports shall not encroach into parking stalls at any point. 13. The access controls to the parking structure shall be located so that cars are not required to wait within the public right of way while the controls are activated. The access control shall be designed in a manner that does not prevent custom- ers from gaining access to the parking garage without the use of a pass card or other token. 14. Any device or method proposed to be used to prevent vehicles from entering the parking struc- ture via the exit ramp shall be approved by the Traffic Engineer. 15. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engineer and the Building Department. 16. That a maximum of 19 percent of the required parking spaces shall be compact spaces. 17. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants, Conditions and Restric- tions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; E MINUTES INDEX x a c o a v mr v z c m m z M a a z r x = z N 0 v S o 0 a m o m a m m z a z a z m m • • November 8, 1984 of Newport Beach 9. The incline of the ramp from the parking structure to street level shall not exceed 15%. 10. Deleted 11. The driveway and ramp down to the first parking level shall be a minimum of 26 feet wide with a minimum center line radius of 25 feet. other ramps shall be a minimum of 24 feet wide with shear walls held back a minimum of 5 feet from the parking aisles. 12. Columns, walls and other supports shall not encroach into parking stalls at any point. 13. The access controls to the parking structure shall be located so that cars are not required to wait within the public right of way while the controls are activated. The access control shall be designed in a manner that does not prevent custom- ers from gaining access to the parking garage without the use of a pass card or other token. 14. Any device or method proposed to be used to prevent vehicles from entering the parking struc- ture via the exit ramp shall be approved by the Traffic Engineer. 15. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engineer and the Building Department. 16. That a maximum of 19 percent of the required parking spaces shall be compact spaces. 17. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants, Conditions and Restric- tions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; E MINUTES INDEX ROLL • • 'VVVUJJIVwCKJ November 8, 1984 F x x _ C v v m z c m a m z C Z N p X 0 0 m City of Newport Beach Y 9 9 Z m b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c) The City of Newport Beach will continue to oppose additional commercial air service expansions at the John Wayne Airport; d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 18. That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 19. That the project shall be designed to eliminate light and glare spillage onto adjacent properties. 20. That a plan for the excavation and removal of material for the subterranean parking structure, including haul routes and hours of operation, shall be approved by the City's Grading Engineer and the Public Works Department. 21. That a bond or other form of insurance shall be posted with the Planning Department by the developer if the driving of sheet piling is necessary on the site during construction. Said bond or other form of assurance will guarantee that any damage to adjoining public or private property will be repaired at the expense of the developer. 22. That all mechanical equipment and trash areas shall be screened from East Coast Highway, Dahlia Avenue, Fifth Avenue, adjacent properties and from the alley abutting the site. 23. Development of the site shall be subject to a grading permit to be approved by the Building, Public works and Planning Departments. 24. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 10 MINUTES ROLL �J • November 8, 1984 of Newport Beach 25. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 26. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 27. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soils engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 28. A subdrain system shall be installed subject to the approval of the Building Department. 29. That the Planning Commission may add and /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 30. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 31. That all employees shall park their automboiles on -site. 11 MINUTES A c o r v z c m o m z W a a Z r O z c z H o S O O M m O m a r, Z a z a z r m ROLL �J • November 8, 1984 of Newport Beach 25. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 26. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 27. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soils engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 28. A subdrain system shall be installed subject to the approval of the Building Department. 29. That the Planning Commission may add and /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 30. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 31. That all employees shall park their automboiles on -site. 11 MINUTES NVi ONUNtK_�) November 8, 1984 x x c o Resubdivision No. 792 £ a v = - C m o r v m a C m a FINDINGS: C_ 0 v x O O M 9= m> m m City of Newport Beach s a ROLL CALI MINUTES INDEX Resubdivision No. 792 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all Applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the development or the proposed improvements will not conflict with. any easements acquired by the public at large for access through or use of property within the proposed develop- ment. 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 a subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map or obtain a building permit prior to completion of the public improvements. 4. That a 15 foot radius corner cutoff at the corner of Dahlia Avenue and Fifth Avenue be dedicated to the public. 5. That all vehicular access rights to East Coast Highway be released and relinquished to the City of Newport Beach. 6. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 7. That a hydrology and hydraulic study be prepared • and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to 12 MINUTES INDEX • November 8, 1984 of Newport Beach recording of the parcel map. Any modifications or extensions to the existing storm drain, water, or sewer systems shown to be required by the study shall be the responsibility of the developer. 8. That access ramps be constructed per City Std. 181 -L at the intersections of Fifth Avenue and Dahlia Avenue and East Coast Highway and Dahlia Avenue; that the existing drive aprons located on East Coast Highway and Dahlia Avenue be removed and replaced with curb, gutter and sidewalk; that the existing sidewalk along East Coast Highway be reconstructed at a uniform cross slope; that deteriorated and displaced portions of curb and gutter along East Coast Highway, Dahlia Avenue and Fifth Avenue be reconstructed; that the curb returns at the intersections of East Coast Highway and Dahlia Avenue and Fifth Avenue and Dahlia Avenue be reconstructed with 25 foot radius; that the deteriorated sidewalk along Dahlia Avenue be removed and replaced with full width sidewalk with tree wells and trees as approved by the Parks, Beaches and Recreation Department; that the one existing tree shall be root pruned or removed as recommended by the Parks, Beaches and Recreation Department; and that sidewalk be constructed along the Fifth Avenue frontage. All work within the East Coast Highway right of way shall be completed under an encroachment permit issued by the California Department of Transportation. 9. County Sanitation District Fees shall be paid prior to issuance of any building permits. 10. That the existing sewer be relocated so that it will not be under the proposed structure; that the new location be approved by the Utilities Depart- ment and the Public Works Department; that the existing sewer easements be vacated and a new easement be dedicated to the City if needed, and that all of the above be completed prior to issuance of any building permits unless otherwise approved by the Public Works Department. 11. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. 13 MINUTES INDEX s s c O O r v Z G m m Y C D a Z r 2 0 M m 0 m a M T Z 9 Z S a T m • November 8, 1984 of Newport Beach recording of the parcel map. Any modifications or extensions to the existing storm drain, water, or sewer systems shown to be required by the study shall be the responsibility of the developer. 8. That access ramps be constructed per City Std. 181 -L at the intersections of Fifth Avenue and Dahlia Avenue and East Coast Highway and Dahlia Avenue; that the existing drive aprons located on East Coast Highway and Dahlia Avenue be removed and replaced with curb, gutter and sidewalk; that the existing sidewalk along East Coast Highway be reconstructed at a uniform cross slope; that deteriorated and displaced portions of curb and gutter along East Coast Highway, Dahlia Avenue and Fifth Avenue be reconstructed; that the curb returns at the intersections of East Coast Highway and Dahlia Avenue and Fifth Avenue and Dahlia Avenue be reconstructed with 25 foot radius; that the deteriorated sidewalk along Dahlia Avenue be removed and replaced with full width sidewalk with tree wells and trees as approved by the Parks, Beaches and Recreation Department; that the one existing tree shall be root pruned or removed as recommended by the Parks, Beaches and Recreation Department; and that sidewalk be constructed along the Fifth Avenue frontage. All work within the East Coast Highway right of way shall be completed under an encroachment permit issued by the California Department of Transportation. 9. County Sanitation District Fees shall be paid prior to issuance of any building permits. 10. That the existing sewer be relocated so that it will not be under the proposed structure; that the new location be approved by the Utilities Depart- ment and the Public Works Department; that the existing sewer easements be vacated and a new easement be dedicated to the City if needed, and that all of the above be completed prior to issuance of any building permits unless otherwise approved by the Public Works Department. 11. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. 13 MINUTES INDEX ROLL • 'V\/V \I3JIlJINCK3 November 8, 1984 77 C O O x . m z c m> m z C a m p; 0 0 A z 9 Z T m City of Newport Beach x A. Use Permit No. 3115 (Continued Public Hearing) Request to permit the reconstruction and expansion of the existing Fun zone property in the C -1 District to include the removal of the existing buildings and the construction of four new single story buildings which will include expanded facilities for retail sales, take -out restaurants and related outdoor seating, outdoor flower sales, and the continuation of the arcade, ferris wheel and carousel attractions. The proposal also includes the following: a request to pay an annual in -lieu fee to the City for a portion of the required off-street parking spaces; the approval of off -site parking agreements for a portion of the required off - street parking spaces on the following properties: Site No. 1, located on the southwesterly corner of Washington Street and East Bay Avenue (209 Washington Street); Site No. 2, located on the easterly side of Washington Street between East Balboa Boulevard and East Bay Avenue (204 Washington Street); Site No. 3, located on the southerly side of East Balboa Boule- vard between Palm Street and Washington Street (603 East Balboa Boulevard); and Site No. 4, located on the southerly side of East Bay Avenue between Adams Street and Palm Street (505 and 507 East Bay Avenue). The proposal further includes a modification to the Zoning Code so as to allow the use of tandem parking spaces with valet parking on Sites No. 1, 2, and 3, and compact spaces and tandem parking spaces on Site No. 4; an exception to the Sign Ordinance so as to allow the construction of three metal arched roof signs with Tivoli lighting; the approval of architectural roof -top cupolas that exceed the basic 26 foot height limit; and the acceptance of an environmental document. AND B. Variance No. 1116 (Continued Public Hearing) Request to waive a portion of the required off- street parking spaces and to permit a ferris wheel in the public boardwalk to exceed a height of 35 feet in the 26/35 Foot Height Limitation District. m 14 MINUTES item No.2 Use Permit No. 3115 Variance No. 1116 Resubdivi- sion No. 724 Approved Condition- ally r1 U • COMMISSIONERS November 8, 1984 MINUTES t Beach )n No. 724 (Revised) (Continued Public Request to revise a previously approved resubdivision which established a single building site and removed interior property lines where eight parcels presently exist. The proposed revisions include the applicant's request to revise or delete previous conditions of ap- proval in conjunction with a revised concept of devel- opment for the Fun Zone property. LOCATION: Lots 1 through 7, Block B, Bayside Tract and portions of Section 35, Township G South, Range 10 West, San Bernardino Meridian, located at 600 East Bay Avenue, bounded by East Bay Avenue, Washington Street, Palm Street and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANT: Yavar Industries, Newport Beach OWNERS: Same as applicant ARCHITECT: Rick Dayton, Balboa Island Commissioner Person stepped down from the dais and refrained from deliberation on this agenda item due to a potential conflict of interest. Commissioner Koppelman stated that she has read the previous Planning Commission minutes regarding this item and is prepared to participate in the Planning Commission's action on this matter. Planning Director Hewicker reviewed the previous Planning Commission actions regarding this item. Mr. Hewicker stated that the applicant was not able to provide the additional 5 parking spaces as requested by the Planning Commission at the October 18, 1984, meeting. Therefore, the following courses of action may be taken by the Planning Commission: Exhibit "A" contains the three parking sites totaling 30 parking spaces including modifications, as presented at the Planning Commission meeting of October 18, 1984. Exhibit "B" would deny the entire project on the basis that the parking is not satisfactory. Exhibit "C" would approve the project and would provide 12 parking spaces in the vacant lot across the street from the project at 209 Washington Street. The additional 23 parking space 15 INDEX x x c o � m z c ) m z W a M a r O z c a ,"' W ° ° 3 ° m ° City _ M a ma a a r r m of November 8, 1984 MINUTES t Beach )n No. 724 (Revised) (Continued Public Request to revise a previously approved resubdivision which established a single building site and removed interior property lines where eight parcels presently exist. The proposed revisions include the applicant's request to revise or delete previous conditions of ap- proval in conjunction with a revised concept of devel- opment for the Fun Zone property. LOCATION: Lots 1 through 7, Block B, Bayside Tract and portions of Section 35, Township G South, Range 10 West, San Bernardino Meridian, located at 600 East Bay Avenue, bounded by East Bay Avenue, Washington Street, Palm Street and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANT: Yavar Industries, Newport Beach OWNERS: Same as applicant ARCHITECT: Rick Dayton, Balboa Island Commissioner Person stepped down from the dais and refrained from deliberation on this agenda item due to a potential conflict of interest. Commissioner Koppelman stated that she has read the previous Planning Commission minutes regarding this item and is prepared to participate in the Planning Commission's action on this matter. Planning Director Hewicker reviewed the previous Planning Commission actions regarding this item. Mr. Hewicker stated that the applicant was not able to provide the additional 5 parking spaces as requested by the Planning Commission at the October 18, 1984, meeting. Therefore, the following courses of action may be taken by the Planning Commission: Exhibit "A" contains the three parking sites totaling 30 parking spaces including modifications, as presented at the Planning Commission meeting of October 18, 1984. Exhibit "B" would deny the entire project on the basis that the parking is not satisfactory. Exhibit "C" would approve the project and would provide 12 parking spaces in the vacant lot across the street from the project at 209 Washington Street. The additional 23 parking space 15 INDEX COMMISSIONERS November 8, 1984 MINUTES r 1 LJ of Newport Beach requirements would be satisfied by entering into an agreement between the applicant and the City, that would be acceptable to the Planning Commission and the City Council as outlined in Exhibit "C ", Condition No. 24 of the Staff Report. Mr. Hewicker emphasized to the Planning Commission that there are no guarantees that the City would participate in an agreement; however, such an agreement has been discussed with the City Attorney, Mr. Robert Burnham. City Attorney Burnham recommended the following condition in the event there is an alteration to the project in the future: "That an amendment to the Use Permit shall be required prior to (a) the sale of alcoholic beverages on site; (b) any conversion of a take -out restaurant to a conventional restau- rant as defined in the Zoning Code; (c) the establishment of any conventional restaurant as defined in the Zoning Code; (d) provision of live entertainment, dancing or amplified music; (e) or any change in the method or manner of any business that could adversely affect the health, safety and welfare of persons who work or reside in the area." The public hearing opened in connection with this item and Mr. Rick Dayton, Dayton & Associates - Architects, 224 Sapphire Avenue, Balboa Island, representing the applicant, appeared before the Planning Commission. Mr. Burnham clarified the recommended condition to Mr. Dayton by stating that the square footage, intensity, and character of the development would have to remain the same as approved by the Planning Commission. Mr. Dayton stated that the applicant would agree to participate with the City in a parking agreement. Mr. Dayton further stated that there have recently been new inquiries for other off -site parking lots; however, the applicant presently proposes the 4 off -site parking sites discussed in the Staff Report. Mr. Curt Herberts, Newport Beach, read a letter to the Planning Commission that he received from the Coastal Commission informing Mr. Herberts that the JBS Develop- ment Company has applied for a one year extension. Mr. Hewicker explained to the Planning Commission that the applicant has written to the Coastal Commission 16 INDEX x� c o 0 m z C M m z m JJ Jl z r L1 2 o;oo W m 0 m s m m =a 2 a a'" m r 1 LJ of Newport Beach requirements would be satisfied by entering into an agreement between the applicant and the City, that would be acceptable to the Planning Commission and the City Council as outlined in Exhibit "C ", Condition No. 24 of the Staff Report. Mr. Hewicker emphasized to the Planning Commission that there are no guarantees that the City would participate in an agreement; however, such an agreement has been discussed with the City Attorney, Mr. Robert Burnham. City Attorney Burnham recommended the following condition in the event there is an alteration to the project in the future: "That an amendment to the Use Permit shall be required prior to (a) the sale of alcoholic beverages on site; (b) any conversion of a take -out restaurant to a conventional restau- rant as defined in the Zoning Code; (c) the establishment of any conventional restaurant as defined in the Zoning Code; (d) provision of live entertainment, dancing or amplified music; (e) or any change in the method or manner of any business that could adversely affect the health, safety and welfare of persons who work or reside in the area." The public hearing opened in connection with this item and Mr. Rick Dayton, Dayton & Associates - Architects, 224 Sapphire Avenue, Balboa Island, representing the applicant, appeared before the Planning Commission. Mr. Burnham clarified the recommended condition to Mr. Dayton by stating that the square footage, intensity, and character of the development would have to remain the same as approved by the Planning Commission. Mr. Dayton stated that the applicant would agree to participate with the City in a parking agreement. Mr. Dayton further stated that there have recently been new inquiries for other off -site parking lots; however, the applicant presently proposes the 4 off -site parking sites discussed in the Staff Report. Mr. Curt Herberts, Newport Beach, read a letter to the Planning Commission that he received from the Coastal Commission informing Mr. Herberts that the JBS Develop- ment Company has applied for a one year extension. Mr. Hewicker explained to the Planning Commission that the applicant has written to the Coastal Commission 16 INDEX COMMISSIONERS F F C O o 2 m Z C m y m Z W ]] JJ Z r Cl S C 2 N OK 0 0 9 m O m D T 71 = a 2 p S T m City of November 8, 1984 Beach MINUTES ROLL CALL I I I I J i l l _ 1 INDEX 17 informing same of a change in ownership, and that the applicant has requested an extension of the former Coastal Commission permit with the desire that this application would be permitted under the former permit. Mr. Hewicker stated that he contacted the Coastal Commission informing them that the previous City permits issued to JBS Development are no longer in effect. The Coastal Commission stated they do not automatically deny a request for an extension. Mr. Hewicker recommended that a Coastal Commission Public Hearing should be held before the Coastal Commission automatically extends the permit to the applicant. Mr. Herberts stated he opposes the old project but approves the demolition. Mr. Jim Salter informed the Planning Commission that JBS Development Corp. and James B. Salter are not involved in the current project. Mr. Paul Langone, 2033 E. Ocean Boulevard, stated that . he supports the project. Mr. Langone informed the Planning Commission that the Bank of America and Laguna Federal Savings and Loan will be leaving downtown Balboa, and he feels that the project would be beneficial to the Balboa area. Commissioner Goff queried if the applicant would be willing to a Condition of Approval to the effect that the applicant would contribute a percentage of costs towards a parking structure at a future date. Mr. Dayton assured the Planning Commission that the appli- cant would agree to such a Condition of Approval. Mr. Doug Cavanaugh, 114 Garnet Avenue, Balboa, stated that he opposes the tandem parking spaces in the Balboa downtown area because of the possible traffic hazards around the parking areas, and he also stated that it would not enhance the appearance of the area. Mary Jane Sanborn, President of the Merchants Asso- ciation and Balboa Improvements Association, expressed concern regarding the Completion Bond and recommended to the Planning Commission that the current Fun Zone be demolished within the next six months. Ms. Sanborn stated that there is much debris on the current site • that needs to be removed. Ms. Sanborn opposed the idea of removing homes and buildings in order to provide adequate parking for the project and recommended in -lieu parking fees. Ms. Sanborn stated that the 17 COMPAISSIONERSC November 8, 1984 MINUTES • • of Newport Beach Merchants Association has been meeting with the City to discuss the parking plans in the Balboa area. City Attorney Burnham responded to Ms. Sanborn by stating that a provision can be included in the Use Permit that the applicant could be required to post a Completion Bond. Mr. Burnham further explained that the City cannot require the applicant to proceed with the Use Permit but the City can take necessary procedures to assure the safety of the citizens. Mr. Dayton commented that a Performance Bond would also be required by the lending agency. Mr. Burnham replied to Commissioner Kurlander's comment regarding the site being a public nuisance that he believes the City's Building Department has taken the necessary steps to contact the property owner regarding the hazards in the area. Mr.. Hewicker commented that there are procedures in the Municipal Code that abate nuisances. Mr. Paul Balalis, 1129 E. Balboa Boulevard, spoke in opposition to the applicant's proposed parking sites. Mr. Balalis recommended that the applicant should provide on -site parking, or formulate a cash agreement with the City in order to provide a joint parking facility. Mr. Balalis opined that if Exhibits "A" or "C" would be approved, there would be insufficient parking for the project. Mrs. Virginia Herberts, 2290 Channel Road, Newport Beach, stated that the project site needs to be cleaned up immediately. Mr. Marshall Riconosciuto, representing the applicant, responded to Mrs. Herberts by commenting that every effort is being made to maintain the project area and that there has been a maintenance improvement in recent months. Mr. Riconosciuto recommended that the Planning Commission approve the project, that the parking problems can be solved before a Building Permit is issued, and that the applicant is willing to partici- pate in the long -range parking issue with the City. Commissioner Turner clarified Mr. Riconosciuto's statements by stating that if . the Findings and Conditions of Exhibit "C" are approved, that the applicant's current parking proposals would be substituted with City approved parking sites prior to KE INDEX xx c o � m Z c m y m z W s D Z r i C z m p S 0 0 0 a O m a Z Z i m s z _ • • of Newport Beach Merchants Association has been meeting with the City to discuss the parking plans in the Balboa area. City Attorney Burnham responded to Ms. Sanborn by stating that a provision can be included in the Use Permit that the applicant could be required to post a Completion Bond. Mr. Burnham further explained that the City cannot require the applicant to proceed with the Use Permit but the City can take necessary procedures to assure the safety of the citizens. Mr. Dayton commented that a Performance Bond would also be required by the lending agency. Mr. Burnham replied to Commissioner Kurlander's comment regarding the site being a public nuisance that he believes the City's Building Department has taken the necessary steps to contact the property owner regarding the hazards in the area. Mr.. Hewicker commented that there are procedures in the Municipal Code that abate nuisances. Mr. Paul Balalis, 1129 E. Balboa Boulevard, spoke in opposition to the applicant's proposed parking sites. Mr. Balalis recommended that the applicant should provide on -site parking, or formulate a cash agreement with the City in order to provide a joint parking facility. Mr. Balalis opined that if Exhibits "A" or "C" would be approved, there would be insufficient parking for the project. Mrs. Virginia Herberts, 2290 Channel Road, Newport Beach, stated that the project site needs to be cleaned up immediately. Mr. Marshall Riconosciuto, representing the applicant, responded to Mrs. Herberts by commenting that every effort is being made to maintain the project area and that there has been a maintenance improvement in recent months. Mr. Riconosciuto recommended that the Planning Commission approve the project, that the parking problems can be solved before a Building Permit is issued, and that the applicant is willing to partici- pate in the long -range parking issue with the City. Commissioner Turner clarified Mr. Riconosciuto's statements by stating that if . the Findings and Conditions of Exhibit "C" are approved, that the applicant's current parking proposals would be substituted with City approved parking sites prior to KE INDEX "MISSIONERS ROLL 0 November 8, 1984 of Newport Beach the time the Building Permit is issued to the applicant. The public hearing was closed at this time. Mr. Burnham stated that Conditions No. 46 and 47 of Exhibits "A" and "C" should be deleted. Mr. Burnham recommended a new condition, stating that "prior to installing the ferris wheel on any property subject to an easement or right owned or held by the City, that the applicant shall enter into an agreement with the City and approved by the City Council, that fully protects the City against any loss or damage from injuries that are in any way related to the operation or use of the ferris wheel." Mr. Burnham further explained that the City Council has limited 'power to lease or convey waterfront property. Mr. Hewicker responded that it was his understanding at the October 18, 1984, Planning Commission meeting that the reconveyance and new easement would be given to the City which would give the developer the right to have the ferris wheel in that location. Commissioner Turner commented that a quitclaim would be issued to the developer and the developer would issue another ease- ment in favor of the City. Mr. Burnham stated that there may be a problem with the City quitclaiming waterfront property and that is why he is proposing this new condition. MINUTES Mr. Burnham confirmed Commissioner Goff's statement that the project will not be able to proceed until Condition No. 24 of Exhibit "A" or Exhibit "C" has been satisfied with the Planning Commission and City Council. Mr. Hewicker responded to Commissioner Turner that Staff had previously projected 65 employee parking spaces in conjunction with the proposed development, and that the 35 parking spaces had been based on an added increment of employees. Commissioner Eichenhofer commented that the developers, with upfront money, and the City purchase property in the area, so that all of the downtown Balboa area would benefit, instead of the proposed small parking sites. Commissioner Koppelman asked Staff if a provision could be included in Exhibit "C "'s findings stating that the existing parking spaces that are presently existing in the Municipal Parking lots are regularly used to their 19 x x c o � f a m v r v Z c m s m z W a a z r x C Z N 0 O S o 0 M m o m a m m Z a Z 9 2 T m ROLL 0 November 8, 1984 of Newport Beach the time the Building Permit is issued to the applicant. The public hearing was closed at this time. Mr. Burnham stated that Conditions No. 46 and 47 of Exhibits "A" and "C" should be deleted. Mr. Burnham recommended a new condition, stating that "prior to installing the ferris wheel on any property subject to an easement or right owned or held by the City, that the applicant shall enter into an agreement with the City and approved by the City Council, that fully protects the City against any loss or damage from injuries that are in any way related to the operation or use of the ferris wheel." Mr. Burnham further explained that the City Council has limited 'power to lease or convey waterfront property. Mr. Hewicker responded that it was his understanding at the October 18, 1984, Planning Commission meeting that the reconveyance and new easement would be given to the City which would give the developer the right to have the ferris wheel in that location. Commissioner Turner commented that a quitclaim would be issued to the developer and the developer would issue another ease- ment in favor of the City. Mr. Burnham stated that there may be a problem with the City quitclaiming waterfront property and that is why he is proposing this new condition. MINUTES Mr. Burnham confirmed Commissioner Goff's statement that the project will not be able to proceed until Condition No. 24 of Exhibit "A" or Exhibit "C" has been satisfied with the Planning Commission and City Council. Mr. Hewicker responded to Commissioner Turner that Staff had previously projected 65 employee parking spaces in conjunction with the proposed development, and that the 35 parking spaces had been based on an added increment of employees. Commissioner Eichenhofer commented that the developers, with upfront money, and the City purchase property in the area, so that all of the downtown Balboa area would benefit, instead of the proposed small parking sites. Commissioner Koppelman asked Staff if a provision could be included in Exhibit "C "'s findings stating that the existing parking spaces that are presently existing in the Municipal Parking lots are regularly used to their 19 ROLL • November 8, 1984 of Newport Beach maximum capacities, and therefore, could not be used as part of . the 23 parking spaces that are still outstanding. Mr. Hewicker. confirmed that this could be included as a finding. Commissioner Goff agreed with Commissioner Eichenhofer's statement regarding upfront money towards a parking structure agreement with the City. Mr. Burnham stated that because the City has not been approached regarding this matter, it would be difficult to decide on a monetary amount. Mr. Burnham informed Commissioner Turner that if the Planning Commission approves Exhibit "C",-that it would not be in the form of a denial, but would inform the applicant that the Planning Commission does not approve the proposed parking sites and that the Planning Commission would be recommending that the applicant submit new parking proposals to the Planning Commission at a later date. if the City would construct a parking lot, then the applicant could possibly use that site for their employee parking sites. Commission Chairman Winburn stated that Exhibit "C ", Condition No. 24, asks that the applicant find 23 additional parking spaces. Staff has required only one -half of the necessary employee parking, none of which is on -site, which has been the choice of the applicant. Chairman Winburn opined that the parking lots should be utilized for the employees, and that valet parking would not be recommended. Chairman Winburn commented that the applicant consider the new parking areas that will be available in the business area. Mr. Hewicker responded to Commissioner Turner's state- ment that there are no in -lieu parking spaces avail- able. Commissioner Koppelman, referring to Exhibit "C ", Condition No.. 24, inquired if the applicant would be able to demolish buildings in order to produce addi- tional parking sites and if there is any way that this could be prevented. Mr. Hewicker indicated that by approving Exhibit "C ", the Planning Commission has automatically rejected two of the previously proposed sites. Commissioner Kurlander stated that he cannot approve Exhibit "A" because of the fragmented parking lots, and Exhibit "C" would only be placing the project on hold until the developer submitted 23 additional parking 20 MINUTES INDEX F O 'o x _ v 9 m z c C m m z W x m 2 r 6] x c z 0 v 3 0 0 i z m a Z 9 2 i m ROLL • November 8, 1984 of Newport Beach maximum capacities, and therefore, could not be used as part of . the 23 parking spaces that are still outstanding. Mr. Hewicker. confirmed that this could be included as a finding. Commissioner Goff agreed with Commissioner Eichenhofer's statement regarding upfront money towards a parking structure agreement with the City. Mr. Burnham stated that because the City has not been approached regarding this matter, it would be difficult to decide on a monetary amount. Mr. Burnham informed Commissioner Turner that if the Planning Commission approves Exhibit "C",-that it would not be in the form of a denial, but would inform the applicant that the Planning Commission does not approve the proposed parking sites and that the Planning Commission would be recommending that the applicant submit new parking proposals to the Planning Commission at a later date. if the City would construct a parking lot, then the applicant could possibly use that site for their employee parking sites. Commission Chairman Winburn stated that Exhibit "C ", Condition No. 24, asks that the applicant find 23 additional parking spaces. Staff has required only one -half of the necessary employee parking, none of which is on -site, which has been the choice of the applicant. Chairman Winburn opined that the parking lots should be utilized for the employees, and that valet parking would not be recommended. Chairman Winburn commented that the applicant consider the new parking areas that will be available in the business area. Mr. Hewicker responded to Commissioner Turner's state- ment that there are no in -lieu parking spaces avail- able. Commissioner Koppelman, referring to Exhibit "C ", Condition No.. 24, inquired if the applicant would be able to demolish buildings in order to produce addi- tional parking sites and if there is any way that this could be prevented. Mr. Hewicker indicated that by approving Exhibit "C ", the Planning Commission has automatically rejected two of the previously proposed sites. Commissioner Kurlander stated that he cannot approve Exhibit "A" because of the fragmented parking lots, and Exhibit "C" would only be placing the project on hold until the developer submitted 23 additional parking 20 MINUTES INDEX COMMISSIONERS November 6, 1964 F F a O Q t m z c m> m v z C �_ 0 O r o o i z m n= r City of Newport Beach z m{ ROLL Motion Substitute Motion u Ayes Noes Absent Ayesx Ayes Noes Absent Motion Ayes Absent • x x x x x X x x x spaces to the City. Commissioner Kurlander made a motion to deny the project. Commissioner Goff made a substitute motion to approve the project, subject to the findings and conditions of Exhibit "C ", including an additional finding in conjunction with inadequate available parking in the Municipal parking lots; and the addition of Condition No. 61, an amendment to the operational characteristics of take -out restaurants; and Condition No. 62, relating to the ferris wheel; and to delete Conditions No. 46 and 47. Commissioner Turner stated he would support the substi- tute motion in order to enable the applicant to return with a parking solution satisfactory to the City. Chairman Winburn stated she would support the substi- tute motion stating that she does not support the in -lieu fees that are currently being used since the fees do not actually provide for the parking. She added that the applicant should be able to provide parking or that an agreement could be made with the applicant requiring a specific dollar amount in the event a permanent parking site could be built with the City. Commissioner Eichenhofer stated she would support the substitute motion, emphasizing that she approves the project's trash compactor. The Substitute Motion was voted on and MOTION CARRIED. Chairman Winburn made a motion to approve Variance No. 1116, which MOTION CARRIED. Chairman Winburn made a motion to approve Resubdivision No. 724 (Revised), which MOTION CARRIED. ENVIRONMENTAL DOCUMENT 1. Approve the Negative Declaration and supportive materials thereto; and 2. Make the Findings listed below: FINDINGS 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA) , the State EIR Guidelines and City Policy. 21 MINUTES INDEX • • COMMISSIONERS1 November 8, 1984 MINUTES Beach 2. That the contents of the environmental document have been considered in the various decision on this project. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated and are expressed as conditions. 4. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto, that if the mitigation measures are incorporated into the project, it will not have a significant adverse impact on the environ- ment. The Findings made with regard to the Environmental Document described above apply to the action taken for Use Permit No. 3095, variance No. 1116 and Resubdivision No. 724 (Revised). USE PERMIT NO. 3115 FINDINGS 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. That the waiver of the take -out restaurant devel- opment standards will be of no further detriment to adjacent properties inasmuch as the proposed take -out restaurants are part of a larger overall development which in some ways is not conducive to such standards, but is designed in a way that meets the purpose and intent of such design standards. 3. That the three proposed metal arched roof signs with Tivoli lighting comply with all applicable provisions of the Sign Ordinance and that their size, number and location have been considered in the overall design and character of the subject project. 4. That the roof -top architectural features in excess of the permitted height limit are ornamental Z' INDEX z C c O O - v e y m z c C m m z W M C z W N Z r O v 3 0 m 2 0 `�Iv of Z W Z D T 9 2 m Y Beach 2. That the contents of the environmental document have been considered in the various decision on this project. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated and are expressed as conditions. 4. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto, that if the mitigation measures are incorporated into the project, it will not have a significant adverse impact on the environ- ment. The Findings made with regard to the Environmental Document described above apply to the action taken for Use Permit No. 3095, variance No. 1116 and Resubdivision No. 724 (Revised). USE PERMIT NO. 3115 FINDINGS 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. That the waiver of the take -out restaurant devel- opment standards will be of no further detriment to adjacent properties inasmuch as the proposed take -out restaurants are part of a larger overall development which in some ways is not conducive to such standards, but is designed in a way that meets the purpose and intent of such design standards. 3. That the three proposed metal arched roof signs with Tivoli lighting comply with all applicable provisions of the Sign Ordinance and that their size, number and location have been considered in the overall design and character of the subject project. 4. That the roof -top architectural features in excess of the permitted height limit are ornamental Z' INDEX ROLL CALI • • November 8, 1984 of Newport Beach features which will add to the character of the building, and will not block any views. 5. That the establishment, maintenance or operation of the use of the property or building 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 improve- ments in the neighborhood of the general welfare of the City, and further that the proposed modi- fications to allow tandem and valet parking spaces on Off -site Parking Lot No. 1 is consistent with the legislative intent of Title 20 of the Munici- pal Code. 6. That Off -site Parking Lot No. 1, is located so as to be useful to the employees of the Fun Zone project. 7. That parking on the subject off -site lot will not create undue traffic hazards in the surrounding area. 8. That the applicant has entered into an appropriate lease for the off -site parking lot which is of sufficient duration for the proposed development. 9. That the parking area at Off -Site Parking Lot No. 4 is too small to provide additional parking spaces for the Fun Zone project and still maintain adequate off - street parking for the existing residential units. Furthermore, the proposed use of tandem and compact spaces for the commercial use is unworkable in this particular case. The encroachment of the residential parking spaces into the required 10 foot rear yard setback will also obstruct vehicular maneuverability in the adjoining 10 foot wide alley. 10. That the development of many small off -site parking lots in the Central Balboa area is incon- sistent with the overall design and character of the area. 11. That the approval of in -lieu parking spaces in conjunction with this project is not justified, inasmuch as the existing Municipal parking lots in 23 MINUTES INDEX X x C o x _ 9 m z C C m o m z W M a z r 0 Z C z 0 a r O O W m O m a+ m Z 9 Z y Z T m ROLL CALI • • November 8, 1984 of Newport Beach features which will add to the character of the building, and will not block any views. 5. That the establishment, maintenance or operation of the use of the property or building 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 improve- ments in the neighborhood of the general welfare of the City, and further that the proposed modi- fications to allow tandem and valet parking spaces on Off -site Parking Lot No. 1 is consistent with the legislative intent of Title 20 of the Munici- pal Code. 6. That Off -site Parking Lot No. 1, is located so as to be useful to the employees of the Fun Zone project. 7. That parking on the subject off -site lot will not create undue traffic hazards in the surrounding area. 8. That the applicant has entered into an appropriate lease for the off -site parking lot which is of sufficient duration for the proposed development. 9. That the parking area at Off -Site Parking Lot No. 4 is too small to provide additional parking spaces for the Fun Zone project and still maintain adequate off - street parking for the existing residential units. Furthermore, the proposed use of tandem and compact spaces for the commercial use is unworkable in this particular case. The encroachment of the residential parking spaces into the required 10 foot rear yard setback will also obstruct vehicular maneuverability in the adjoining 10 foot wide alley. 10. That the development of many small off -site parking lots in the Central Balboa area is incon- sistent with the overall design and character of the area. 11. That the approval of in -lieu parking spaces in conjunction with this project is not justified, inasmuch as the existing Municipal parking lots in 23 MINUTES INDEX COWAISSIONERS A x a o m ti r z c m s m z a A z r o C Z 2 N 0 3 0 o 0 _ M Z m a Z A Z T m ROLL CALL • is November 8, 1984 of Newport Beach Central Balboa are regularly used to their maximum capacities throughout the year. CONDITIONS 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except as noted below. 2. That all applicable conditions of Resubdivision No. 724 (Revised) shall be fulfilled. 3. That prior to the issuance of building permits, the Fire Department shall review. the proposed plans and may require automatic fire sprinkler protection. 4. The Fire Department access to the site and build- ings shall be approved by the Fire Department. 5. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 6. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan) . 7. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, the Public Works Department and approval of the Planning Department. 8. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 9. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over - watering. 10. Street trees shall be provided along the public streets as required by the Public Works Department and the Parks, Beaches and Recreation Department. 24 MINUTES INDEX COMMISSIONERSC I November 8, 1984 MINUTES of Newport Beach INDEX x x c o � E a v m y 9 r v Z c m s m z 9 a Z r O x C m larly trimmed and kept in a healthy condition. T O M O m a 2 a 2 S Z T m of Newport Beach INDEX 11. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 12. That landscape plan shall be designed so as to be visually cohesive with the character of the Central Balboa area. Palm Street shall be planted with palm trees. East Bay Avenue, Washington Street, and Edgewater Place shall be landscaped with trees in such a manner as to achieve a canopy effect similar to Main Street in the Central Balboa area. 13. Street signs, tables, benches, planters, and other similar features onsite or adjacent to the project site shall be designed with a common theme and shall be approved by the Public Works; Parks, Beaches and Recreation; and Planning Departments. 14. The structures shall retain a single design theme . (both interior and exterior). Signage shall be of a similar design throughout the buildings, and shall be approved by the Planning Director. There shall be overall utilization of wooden lap siding on the exterior facade, complementing the Balboa Pavilion and the Laguna Federal Savings and Loan buildings. 15. All mechanical equipment, vents, and other service equipment shall be shielded or screened by archi- tectural design. 16. That any mechanical equipment or outdoor music shall not exceed a sound level greater than 55 Dba at the bulkhead line and the easterly, southerly and westerly property lines. Sound attenuation shall be based upon .the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. 17. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 18. Any construction on the site shall be done in • accordance with the height restriction. This shall apply to any landscape materials, signs, flags, etc., as well as structures, except as may be modified by the approval of this use permit. 25 COMMISSIONERS November 8, 1984 x 19. With the exception of the approved security c o o � y x m . lighting, nighttime lighting shall be limited to r v z c m s m z z N O$ o 0 i? 9 . T City of Newport Beach z a m ROLL MINUTES II "11 19. With the exception of the approved security lighting, nighttime lighting shall be limited to that which is customary for normal business operations and consistent with the proposed project design and architectural style. Outlining of the proposed structure, including the ferris wheel, shall be permitted in a manner consistent with that of the Pavilion. The outlining, if accomplished, shall use smaller and dimmer bulbs than the Pavilion. Said lighting plans shall be approved by the Planning Director. 20. Fugitive dust emissions during demolition and construction shall be minimized by watering the site for dust control; containing excavated soil onsite until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 21. The following disclosure statement of the City of •. Newport Beach's policy regarding the John Wayne Airport should be included in all leases or sub- leases for space in the project and should be included in any Covenants Conditions, and Re- strictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such service; b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c) The City of Newport Beach will continue to oppose additional commercial area service expansions at the John Wayne Airport; d) Lessee, his heirs, successors and assigns, • will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Air- port. 26 MINUTES II "11 COMMISSIONERS I November 8, 1984 MINUTES of Newport Beach ROLL CALL { I I I I I I I I INDEX M • • 22. That the applicant shall be required to obtain the services of a licensed inspection agency, suitable to the Building Department, to check the engineer- ing and inspect the installation of the proposed ferris wheel and carousel, and that said agency shall certify in writing to the Building Depart- ment, the adequacy of said engineering and instal- lation prior to the operation of the equipment. 23. Prior to the issuance of Building Permits, the applicant shall deposit $15,000 with the City for non - standard off -site improvements at the end of Washington Street, adjacent to the subject proj- ect. The applicant shall also submit plans for said improvements which shall be subject to the approval of the Parks, Beaches and Recreation, Public Works, and Planning Departments. The applicant shall also agree to participate in the implementation of a tram shuttle system, should it occur, on a pro rata basis, based on square footage equal to other merchants in the area. 24. That prior to the issuance of an Approval in Concept, for this project, the applicant shall enter into an Off -site Parking Agreement with the City of Newport Beach providing 12 parking spaces at 209 Washington Street (Lot 7, Block 7, Balboa Tract). In addition, the applicant shall enter into a second agreement, acceptable to the Plan- ning Commission and the City Council, which specifies the manner in which the remaining parking requirement of 23 spaces will be sat- isfied. In the event this second agreement requires participation by the City in providing said spaces, the agreement shall specify the amount to be paid to the City for each space, the manner in which the City will provide said spaces, and the terms and conditions under which funds would be returned to the applicant if said spaces are not provided within a specified time limit. 25. That the employees shall be required to park within the off -site parking areas provided. 26. That provision shall be made for bicycle parking on the site for a minimum of 25 bicycles. 27 a F c o � _ v e y m z c a m m z W M S z r 0 2 z N 0 3 0 0 z m a Z z 9 2 r m of Newport Beach ROLL CALL { I I I I I I I I INDEX M • • 22. That the applicant shall be required to obtain the services of a licensed inspection agency, suitable to the Building Department, to check the engineer- ing and inspect the installation of the proposed ferris wheel and carousel, and that said agency shall certify in writing to the Building Depart- ment, the adequacy of said engineering and instal- lation prior to the operation of the equipment. 23. Prior to the issuance of Building Permits, the applicant shall deposit $15,000 with the City for non - standard off -site improvements at the end of Washington Street, adjacent to the subject proj- ect. The applicant shall also submit plans for said improvements which shall be subject to the approval of the Parks, Beaches and Recreation, Public Works, and Planning Departments. The applicant shall also agree to participate in the implementation of a tram shuttle system, should it occur, on a pro rata basis, based on square footage equal to other merchants in the area. 24. That prior to the issuance of an Approval in Concept, for this project, the applicant shall enter into an Off -site Parking Agreement with the City of Newport Beach providing 12 parking spaces at 209 Washington Street (Lot 7, Block 7, Balboa Tract). In addition, the applicant shall enter into a second agreement, acceptable to the Plan- ning Commission and the City Council, which specifies the manner in which the remaining parking requirement of 23 spaces will be sat- isfied. In the event this second agreement requires participation by the City in providing said spaces, the agreement shall specify the amount to be paid to the City for each space, the manner in which the City will provide said spaces, and the terms and conditions under which funds would be returned to the applicant if said spaces are not provided within a specified time limit. 25. That the employees shall be required to park within the off -site parking areas provided. 26. That provision shall be made for bicycle parking on the site for a minimum of 25 bicycles. 27 COAVAISSIONERS November 8, 1984 s 27. That no alcoholic beverages shall be sold or 0 c o � £ y v m consumed on the premises unless a use permit is v z c m s m z c z H O S O O 9 = T City of Newport Beach a m MINUTES INDEX 27. That no alcoholic beverages shall be sold or consumed on the premises unless a use permit is approved by the Planning Commission in each case. 28. That any tables in the pedestrian easement area be for general public use and that no food be served to customers at the tables by adjoining restau- rants. 29. That outdoor flower sales shall be permitted on -site, but shall not be permitted in the public walkway. 30. 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 if required by the Building Department. 31. That the hours of operation of the Fun Zone • property shall be limited from 5:00 a.m. to 12:00 midnight, Sunday through Thursday, and 5:00 a.m. to 2:00 a.m., Friday and Saturday and recognized holidays. 32. That an entirely enclosed trash storage room shall be provided for the proposed project. Said room shall be secured at all times and shall be acces- sible to the project tenants and management only. 33. That a centralized trash compaction system shall be provided for the proposed project and shall be used for the compaction and handling of all trash generated from the project. 34. That a commercial trash pick -up shall be provided three times a week during the winter months and six times a week during the summer months. 35. That a cleanup program for public walkways and on -site pedestrian circulation areas shall be conducted on a daily basis. Said cleanup program shall include steam cleaning all public and private pedestrian walkways adjacent to and within the subject property and that said cleaning shall • be provided twice a month during the summer season during the remainder of the year. and once a month 28 MINUTES INDEX ROLL November 8, 1984 Beach x x c o � f a v m y 9 a washout area with drain that shall be connected z c m o m z m a C z a m a m 0 z r o v i o , x o T `�'y 2 9 2 m a a 2 'n T VI ROLL November 8, 1984 Beach MINUTES INDEX 36. That the trash storage room shall be equipped with a washout area with drain that shall be connected to the sanitary sewer system. 37. That the applicant shall provide a $5,000 cash deposit to the City of Newport Beach which shall be deposited in an interest bearing account to the benefit of the applicant for the purpose of insuring the required steam cleaning of public sidewalks and private.onsite pedestrian walkways adjacent to and within the subject project. 38. That the applicant shall provide a minimum 6 ft. high wrought iron fence and /or gate at each entrance or other point of access to the property from the adjacent public sidewalk and surrounding the proposed ferris wheel. 39. That applicant shall provide security lighting for the subject project which shall be subject to the • Police Department and Planning Department approval prior to the issuance of building permits. 40. That the security lighting shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent area. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 41. Public bathrooms shall be provided for the subject project and shall be available for use by the existing marina, bayward of the site. Said bathrooms shall be fully secured after closing hours with the exception that said facilities shall be available to the marina at all times. 42. The applicant shall provide a site security plan for the proposed project which shall be subject to the approval of the Police Department. Said plan shall fully describe proposed security measures for the project site (i.e., lighting, fencing patrols, key card access system). . 43. All onsite drainage shall be approved by the Building Department. 29 MINUTES INDEX COMMISSIONERS1 November 8, 1984 MINUTES ROLL of Newport Beach x x c o � 44. The applicant shall show evidence of having x v y m 2 C c m m 2 W a D z r 0 x C z H o> a O O M M m a T Z a Z z M z M r m ROLL of Newport Beach 44. The applicant shall show evidence of having received a completion bond from the project general contractor guaranteeing the completion of the proposed project. The form and content of said bond shall be satisfactory to the City Building Department and City Attorney's Office. 45. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. . 46. Deleted 47. Deleted 48. The relocation of public utilities shall be coordinated with and approved by local utility companies and public agencies as appropriate. 49. A system of barriers and overhead protection shall be required during demolition processes in order • to prevent debris from falling into adjacent streets and Newport Bay. 50. During any closure of adjoining streets or walk- ways which may be required during the proposed construction phases, alternative pedestrian circulation shall be provided to the satisfaction of the City of Newport Beach Planning and Public Works Departments. 51. The building contractor shall examine existing streets to ensure that trucks assigned to. the project can negotiate required turns and demon- strate such to the satisfaction of the Public Works and Building Departments. 52. Construction workers shall utilize public parking lots at Palm Street and Main Street. 53. Prior to occupancy of the buildings, the applicant shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 54. That any fortune telling (i.e. palm reading) use • on the property shall be subject to any new regulations that the City adopts prior to the time the project is developed. 30 COWAISSIONERS C 0 55. This use permit shall expire unless exercised a = a z c m r a m m z W 0 z L r O 2 M= z H O i COMMISSIONERS November 8, 1984 xx 62. Prior to installing the ferris wheel on any c o � property subject to an easement or right owned or zc m j ROLL MMISSIONERS November 8, 1984 X c o 0 x v r v m A T City of Newport Beach c z 0 o 3 0 0 W 5. That the granting of a variance to allow a waiver of a portion of the required off - street parking spaces, 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 detrimental or injurious to property and improvements in the neighborhood or the general welfare of the city inasmuch as: the applicant is required to provide 35 off -site parking spaces for the estimated net increase in project employees; that the proposed land -uses contained within the project are not destination uses which will increase the need. for customer parking in the area;. and that the proposed project will not significantly increase the parking demand of the area. 6. That the granting of a waiver of a portion of the required parking is justified in that such a waiver will allow for a lower intensity develop- ment which will maintain more of the historical character of the Fun Zone. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, elevations. 2. That the ferris wheel shall be the only portion of the project that shall be allowed by a variance to exceed the height limit. 3. That all the conditions of approval for Resubdivision No. 724 (Revised) and Use Permit No. 3115 shall be fulfilled. RESUBDIVISION NO. 724 (REVISED) 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. 33 MINUTES INDEX COMMISSIONERS November 8, 1984 o EC m � m Z C= H o 3 0 O I z a m= m m City of Newport Beach z 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivi- sion. CONDITIONS 1. That all conditions of the Use Permit No. 3115 and variance No. 1116 shall be fulfilled. 2. That the Conditions of Approval for Resubdivision No. 724 as approved by the Planning Commission on June 10, 1982, shall be null and void. 3. That a parcel map be recorded. • 4. That all improvements be constructed as required by ordinance and the Public Works Department. 5. That a standard subdivision agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 6. That the on -site pedestrian circulation systems be subject to review by the Traffic Engineer. 7. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and Public Works Department. S. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the rec- ommendations of the conditions survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be raised to a minimum of elevation 9.00 above • M.L.L.W. (6.26 MSL). 9. That curb access ramps be constructed at the corner of East Bay Avenue and Washington Street 34 MINUTES ROLL • • November 8, 1984 MINUTES of Newport Beach and at the corner of East Bay Avenue and Palm Street which may require the relocation of an existing palm tree at the corner of East Bay Avenue and Palm Street. 10. That the existing deteriorated concrete sidewalk and curb along the Palm Street, East Bay Avenue and Washington Street frontages be constructed with curb, gutter and sidewalk and that any unused driveway aprons be removed and replaced with curb, gutter and sidewalk. An 11' wide sidewalk width along Palm Street shall be maintained, and an easement for pedestrian purposes shall be granted to the City. An 8' wide sidewalk .shall be con- structed on East Bay Avenue and additional right of way as required shall be dedicated to the City for pedestrian purposes. 11. That a storm drain inlet at the Washington Street and Palm Street street ends be constructed and that a valve be installed in the storm drain lines unless otherwise approved by the Public works Department. 12. That the existing overhead utilities along the Washington Street and Palm Street frontages shall be undergrounded. 13. That the existing deteriorated street lights around the perimeter of the site be replaced with new street lights as approved by the Public Works Department and Utilities Department, unless other- wise approved high - pressure sodium -vapor luminaries with a multiple wiring system shall be provided. 14. That a corner cutoff, acceptable to the Public Works Department, at the corner of Washington Street and East Bay Avenue and at the corner of Palm Street and East Bay Avenue be dedicated to the public for pedestrian purposes. 15. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 16. That the applicant shall contribute twenty -five (25) percent of the cost of signaliaation of the intersection of East Balboa Boulevard and Palm 35 INDEX s s c O O £ y 9 m y 9 r v z c m m z a z r Z c a C z v S 0 O O 0 O m Z S z z a a r m November 8, 1984 MINUTES of Newport Beach and at the corner of East Bay Avenue and Palm Street which may require the relocation of an existing palm tree at the corner of East Bay Avenue and Palm Street. 10. That the existing deteriorated concrete sidewalk and curb along the Palm Street, East Bay Avenue and Washington Street frontages be constructed with curb, gutter and sidewalk and that any unused driveway aprons be removed and replaced with curb, gutter and sidewalk. An 11' wide sidewalk width along Palm Street shall be maintained, and an easement for pedestrian purposes shall be granted to the City. An 8' wide sidewalk .shall be con- structed on East Bay Avenue and additional right of way as required shall be dedicated to the City for pedestrian purposes. 11. That a storm drain inlet at the Washington Street and Palm Street street ends be constructed and that a valve be installed in the storm drain lines unless otherwise approved by the Public works Department. 12. That the existing overhead utilities along the Washington Street and Palm Street frontages shall be undergrounded. 13. That the existing deteriorated street lights around the perimeter of the site be replaced with new street lights as approved by the Public Works Department and Utilities Department, unless other- wise approved high - pressure sodium -vapor luminaries with a multiple wiring system shall be provided. 14. That a corner cutoff, acceptable to the Public Works Department, at the corner of Washington Street and East Bay Avenue and at the corner of Palm Street and East Bay Avenue be dedicated to the public for pedestrian purposes. 15. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 16. That the applicant shall contribute twenty -five (25) percent of the cost of signaliaation of the intersection of East Balboa Boulevard and Palm 35 INDEX COMMISSIONERS) November 8, 1984 MINUTES of Newport Beach X C o street which shall be required prior to the x _ v v m C z c m m z W a 9= r 0 x C a m a r 0 0 M m o M> M M Z s z M z r m of Newport Beach street which shall be required prior to the issuance of building permits. 17. That all activities that require full or partial street closures, parking prohibition, heavy truck traffic, large or heavy loads or similar activ- ities shall be approved by the Police Department and City Traffic Engineer; that trucks shall utilize Washington Street and Palm Street for ingress and egress; and that closure of Palm Street shall be prohibited at any time. 18. That a 23- foot -wide surface easement be granted to the City for pedestrian use adjacent and southerly of the existing 12- foot -wide pedestrian easement located along the bay side of the property. 19. That a minimum 15 -foot clear pedestrian easement area be maintained within the easement area that will exist from the proposed building line to the bulkhead line. The exact location and design of . said area shall be subject to the approval of the Planning Department, Public Works Department, and Parks, Beaches and Recreation Department. 20. That the owner shall grant public access rights to the City to enter into an agreement with the City to keep the area from the bulkhead to the proposed structure free from hindrances to public access and to repair and keep the area in a good and safe condition at their sole cost and expense. 21. That all landscaping and non - standard paving surfaces within the public right -of -way and pedestrian easement be approved by the Public Works Department and that a license agreement be provided for maintenance of the non - standard improvements. 22. That during the construction period, a minimum 12- foot -wide surface pedestrian way be maintained along the bay on weekends and holidays between April 1 and June 15 and September 15 and Octo- ber 15; and that the 12 -foot pedestrian way be maintained at all times between June 15 and • September 15. 23. That the proposed bridge for the existing pier located westerly of Washington Street be 36 COMMISSIONERS November 8, 1984 MINUTES C x C o � x v A v m z c m> m z c z w v S O O 9 T m City of Newport Beach z M a n ROLL CALL INDEX 0 redesigned so that it is parallel and adjacent to the existing bulkhead. 24. That the proposed canopies be permitted within the public right -of -way provided they are a minimum of 9 feet above sidewalk grade. 25. That special paving treatment common to the. project shall be provided for the public sidewalk areas on Palm Street, East Bay Avenue, and Washington Street in a manner acceptable to the Public Works and Planning Departments. x � The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. Resubdivision No. 787 (Continued Public Hearing) Request to resubdivide an existing parcel of land into two parcels for development on property located in Area 2 of the North Ford Planned Community. LOCATION: Parcel No. 1 of Parcel Map No. 41 -26, located at 1101 and 1133 Camelback Street, on the westerly side of Camelback Street, between Bison Avenue and MacArthur Boulevard, in the North Ford Planned Community. ZONE: P -C APPLICANT: Rodgoway /Borkovetz Associates, Los Angeles OWNER: United States Postal Service, Los Angeles ENGINEER: Same as applicant Staff advised that the applicants have requested that this item be continued to the Planning Commission Meeting of December 6, 1984. 37 Item. No. 3 Resubdivi- sion No. 787 Continued to 12 -6 -84 COMMISSIONERS x F C 0 n f _ ti T r v m 2 c m ) m 2 m a a r o x I Z a O 0 0 M 0 T 0 m a T > Z 9 z 2 a a r m ROLL CALL Motion All Ayes • • November 8, 1984 itv of Newport Beach Motion was made to continue this item to the Planning Commission Meeting of December 6, 1984, which MOTION CARRIED. x x x A. Use Permit No. 3112 (Continued Public Hearing) Request to permit the construction of 2, two -unit residential condominium projects and related garages on properties located in the R -2 District. AND B. variance. No. 1117 (Continued Public Hearing) Request for a variance to the Zoning Code so as to allow 2, two -unit residential. condominium developments to each exceed 1.5 times the buildable area of the sites in the R -2 District. AND C. Resubdivision No. 789 (Continued Public Hearing) Request to resubdivide two existing lots into two lots for residential condominium purposes. LOCATION: Lots 13 and 15, Block 636, Corona del Mar Tract, located at 613 and 615 Jasmine Avenue, on the northwesterly side of Jasmine Avenue, between Third Avenue and Fourth Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Bert W. Tarayao, Corona del Mar OWNER: Same as applicant ENGINEER/ ARCHITECT: Same as applicant Planning Director Hewicker advised the Planning Commission that the project has been redesigned and, therefore, does not need a variance. 38 MINUTES INDEX Item No.4 Use Permit No. 3112 Variance No. 1117 Resubdivi- sion No. 789 Approved Condition- ally M /V\hNUNEK5 November 8, 1984 ax C o The public hearing opened in conjunction with this item x v _ C v m 2 G m y m = and Mr. Bert Tarayao, applicant, appeared before the C Z 0 Q; 0 0 M z z a z T m City of Newport Beach Planning Commission. Mr. Tarayao stated that he ROLL MINUTES The public hearing opened in conjunction with this item and Mr. Bert Tarayao, applicant, appeared before the Planning Commission. Mr. Tarayao stated that he concurs with the findings and conditions of approval in Exhibit "A ". Mr. Tarayao commented that he is considering a solar water system for the project and requested Mr. Webb's opinion regarding the water service for each individual unit. Mr. Webb stated that the City requires each condominium to. be metered separately for water service. However, he advised Mr. Tarayao to contact the Public Works. Department for further details. The public hearing was closed at this time. Motion Commissioner Kurlander made a motion to approve Use All Ayes Permit No. 3112 subject to the findings and conditions of Exhibit "A ". MOTION CARRIED. X Commissioner Kurlander made a motion to approve .Motion Resubdivision No. 789 subject to the findings and Ayes conditions of Exhibit "A ". MOTION CARRIED. Use Permit No. 3112 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 ap- proval. 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of ap- proval. 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 projects. • 6. The approval of Use Permit No. 3112 will not, under the circumstances of this case, be 39' MINUTES November 8, 1984 of Newport Beach MINUTES ROLL CALL 1 INDEX • 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 confor- mance with the approved plot plan, floor plans, section and elevations, except as noted below. 2. That all conditions of approval of Resubdivision No. 789 be fulfilled. 3. That one garage space and a minimum of one carport space shall be provided for each dwelling unit. 4. That the gross floor areas of each of the proposed structures shall not exceed 3,348 sq.£t. (1.5 times the buildable areas of the two lots). 5. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Resubdivision No. 789 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 40 x a c o � x z c m o m z W a S = 2 = O z S 0 o 0 0 m D 2 9 9 2 r m November 8, 1984 of Newport Beach MINUTES ROLL CALL 1 INDEX • 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 confor- mance with the approved plot plan, floor plans, section and elevations, except as noted below. 2. That all conditions of approval of Resubdivision No. 789 be fulfilled. 3. That one garage space and a minimum of one carport space shall be provided for each dwelling unit. 4. That the gross floor areas of each of the proposed structures shall not exceed 3,348 sq.£t. (1.5 times the buildable areas of the two lots). 5. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Resubdivision No. 789 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 40 COMMISSIONERS November 8, 1984 MINUTES xx co F y r L m c m 1 m z �m N or a z A a r m City f Newport Beach Y p ROLL CALL INDEX CONDITIONS: 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That all vehicular access to the two properties • shall be from the adjacent alley. 6. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. A. Use Permit No. 1897 (Amended) (Continued Public Item No.5 Hearing) Use Permit Request to amend a condition of the previously approved No. 1897 Use Permit No. 1897 which allowed the establishment of a combined commercial /residential structure in the C -1 District. The proposed amendment is to allow 800± sq.ft. of commercial floor area for a take -out ice cream shop, whereas the existing use permit limits the commercial floor area on the subject property to 500 sq.ft. AND B. Use Permit No. 3116 (Continued Public Hearing) Use Permit No. 3116 Request to establish a take -out ice cream shop with two • take -out service windows adjacent to the public sidewalk on property located in the C -1 District, and Approved to waive a portion of the required off - street parking Condition - ally spaces. 41 COMPAISSIONERS1 November 8, 1984 MINUTES ROLL CALL Motion All Ayes • n U x t Beach LOCATION: Lot 13, Block 21 of Newport Beach Tract, located at 114 22nd Street, on the easterly side of 22nd Street between West Balboa Boulevard and West Ocean Front in the McFadden Square area. APPLICANT: Charles H. Cathcart, Huntington Beach OWNER: Vic Sherreitt, Balboa Island The public hearing opened in conjunction with this item and Mr. Charles H. Cathcart, 9392 Breakwater, Huntington Beach, applicant, stated that he agrees with the findings and conditions of Exhibit "A ". Commissioner Turner made a motion to approve Use Permit No. 1897 (Amended) and Use Permit No. 3116 subject to the findings and conditions of Exhibit "A ". MOTION CARRIED. Use Permit No. 1897 (Amended) FINDINGS: 1. That the expanded storage area to be used in conjunction with a take -out ice cream shop will not significantly increase the parking demand for the subject property. 2. The approval of Use Permit No. 1897 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, comfort, morals 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 all previous applicable conditions of Use Permit No. 1897 shall be fulfilled except as provided in the following Condition No. 2. 2. That a maximum of 500 sq.ft. of retail commercial or office space shall be permitted on the property, except that 812± sq.ft. of gross floor area shall be permitted in conjunction with any take -out food establishment on the property. The applicant shall record a restrictive covenant, the form and content of which is acceptable to the 42 INDEX C x 10. r 9 m z c m o m z s OJ z r _0° ;°City 0= z s ° m a of 2 '3' T m ROLL CALL Motion All Ayes • n U x t Beach LOCATION: Lot 13, Block 21 of Newport Beach Tract, located at 114 22nd Street, on the easterly side of 22nd Street between West Balboa Boulevard and West Ocean Front in the McFadden Square area. APPLICANT: Charles H. Cathcart, Huntington Beach OWNER: Vic Sherreitt, Balboa Island The public hearing opened in conjunction with this item and Mr. Charles H. Cathcart, 9392 Breakwater, Huntington Beach, applicant, stated that he agrees with the findings and conditions of Exhibit "A ". Commissioner Turner made a motion to approve Use Permit No. 1897 (Amended) and Use Permit No. 3116 subject to the findings and conditions of Exhibit "A ". MOTION CARRIED. Use Permit No. 1897 (Amended) FINDINGS: 1. That the expanded storage area to be used in conjunction with a take -out ice cream shop will not significantly increase the parking demand for the subject property. 2. The approval of Use Permit No. 1897 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, comfort, morals 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 all previous applicable conditions of Use Permit No. 1897 shall be fulfilled except as provided in the following Condition No. 2. 2. That a maximum of 500 sq.ft. of retail commercial or office space shall be permitted on the property, except that 812± sq.ft. of gross floor area shall be permitted in conjunction with any take -out food establishment on the property. The applicant shall record a restrictive covenant, the form and content of which is acceptable to the 42 INDEX COMMISSIONERS November 8, 1984 City Attorney, binding the applicant and C 0 x successors in interest in perpetuity to the above W= H a 3 0 0 W a = c T City of Newport Beach ; _ MINUTES INDEX City Attorney, binding the applicant and successors in interest in perpetuity to the above stated floor area limitations. Use Permit No. 3116 FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That there is adequate parking on the subject property for the proposed restaurant employees. 3. The project will not have any significant environ- mental impact. 4. That the waiver of the development standards as they pertain to a portion of the parking, parking • lot illumination, circulation, walls, building setbacks landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 5. That the proposed use does not represent an intensification of use that will result in an increased parking demand for the area. 6. The approval of Use Permit No. 3116 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the revised floor plan (i.e. the deletion of the take -out service windows, and the addition of the service counter). • 2. That the development standards related to a portion of the required off - street parking spaces, parking lot illumination, building setbacks, 43 MINUTES INDEX • n U COMMISSIONERS November 8, 1984 F7,-9 c m W z m a O o p Z � m City of Newport Beach circulation, walls, landscaping, and utility requirements, are waived. 3. That no on -sale or off -sale alcoholic beverages shall be sold or consumed on the premises unless the Planning Commission approves an amendment to this use permit. 4. That the hours of operation shall be restricted to the hours between 10:00 a.m. to 10:00 p.m., daily. 5. That there shall be no seating within the take -out restaurant. 6. That all signs shall conform with the requirements of Chapter 20.06 of the Newport Beach Municipal Code. 7. That a trash compactor shall be installed. 8. That the new storage area adjacent to the existing stairway shall be removed and the converted residential storage area shall be re- established at such time as the first floor of the building is used for any purpose other than a take -out food establishment. The applicant shall record a restrictive covenant, the form and content of which is acceptable to the City Attorney, providing for the building restoration by the applicant and /or successors in interest in perpetuity. 9. That no cooking, or any food preparation other than ice cream or related products, shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 10. That the sidewalk on 22nd Street shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain system. 44 MINUTES INDEX ROLL CALL is • November 8, 1984 t Beach 11. That trash receptacles shall be provided in convenient locations inside and outside of the subject building. 12. That all mechanical equipment and trash areas shall be screened from the adjoining alley, and properties. 13. That the two employees shall .park their automobiles on -site at.all times. 14. That the Planning Commission may add and /or modify Conditions of Approval to this use permit, or recommend to the City Council the .revocation of this use permit, upon a. determination that the operation, which is the subject of this use permit, causes injury or is detrimental to the health, safety or welfare of the community. 15. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090 of the Newport Beach Municipal Code. Tentative Mao of Tract No. 11937 (Public Hearing) Request to reconsider an approved Tentative Tract Map for the Villa Point Apartments relative to compliance of the project with the Housing Element of the General Plan as amended June 25, 1984. LOCATION: Portions of Block 55 and 94, Irvine's Subdivision, located at 1200 East Coast Highway, on the northeasterly corner of Jamboree Road and East Coast Highway, across from Irvine Terrace. ZONE: P -C APPLICANT: Irvine Pacific, Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams /Streeter, Civil Engineers, Irvine Planning Director Hewicker stated that. the purpose of this item is to enable the Planning Commission to 45 MINUTES item No.6 Tentative Map of Tract No. 11937 Approved Condition - ally x XX o v m c z c m a m z U = r C C2 = x 0 0 o Oi00}City m a o o of Z � z T m November 8, 1984 t Beach 11. That trash receptacles shall be provided in convenient locations inside and outside of the subject building. 12. That all mechanical equipment and trash areas shall be screened from the adjoining alley, and properties. 13. That the two employees shall .park their automobiles on -site at.all times. 14. That the Planning Commission may add and /or modify Conditions of Approval to this use permit, or recommend to the City Council the .revocation of this use permit, upon a. determination that the operation, which is the subject of this use permit, causes injury or is detrimental to the health, safety or welfare of the community. 15. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090 of the Newport Beach Municipal Code. Tentative Mao of Tract No. 11937 (Public Hearing) Request to reconsider an approved Tentative Tract Map for the Villa Point Apartments relative to compliance of the project with the Housing Element of the General Plan as amended June 25, 1984. LOCATION: Portions of Block 55 and 94, Irvine's Subdivision, located at 1200 East Coast Highway, on the northeasterly corner of Jamboree Road and East Coast Highway, across from Irvine Terrace. ZONE: P -C APPLICANT: Irvine Pacific, Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams /Streeter, Civil Engineers, Irvine Planning Director Hewicker stated that. the purpose of this item is to enable the Planning Commission to 45 MINUTES item No.6 Tentative Map of Tract No. 11937 Approved Condition - ally COMMISSIONERS Motion All Ayes • Motion Ayes November 8, 1984 of Newport Beach review the previously approved Tentative Tract Map for Villa Point relative to compliance of the project with the Housing Element as amended June 25, 1984. Commissioner Kurlander made a motion to approve the Tentative Map of Tract No. 11937 without changes to the previously- applied conditions, but with an additional Finding No. 7. MOTION CARRIED. 117. That the project as conditioned is consistent with the Housing Element of the General Plan as amended June 25, 1984, in that the project meets or exceeds all criteria set forth therein." Tentative Mao of Tract No. 12105 (Public Hearing) Request to reconsider an approved Tentative Tract Map for the Big Canyon Villa Apartments relative to compli- ance of the project with the Housing Element of the General Plan as amended June 25, 1984. LOCATION: Portions of Block 56 and 92 of Irvine's Subdivision, located at the southwesterly corner of MacArthur Boulevard and Ford Road, in the Big Canyon Planned Community. ZONE: P -C APPLICANT: The Irvine Company, dba Irvine Pacific, Newport Beach OWNER: Same as Applicant ENGINEER: Adams /Streeter, Irvine Planning Director Hewicker stated that the purpose of this item is to enable the Planning Commission to review the previously approved Tentative Tract Map for Big Canyon villa relative to compliance of the project with the Housing Element as amended June 25, 1984. Commissioner Kurlander made a motion to approve the Tentative Map of Tract No. 12105 without changes to the previously - applied conditions, but with additional Finding No. 6. MOTION CARRIED. 46 MINUTES INDEX Item No.7 Tentative Map.of Tract No. 12105 Approved Condition - ally x a C O O 2 _ v a � m Z c C m Z m z a= r z C z 0 W O m a a z z z a z m Motion All Ayes • Motion Ayes November 8, 1984 of Newport Beach review the previously approved Tentative Tract Map for Villa Point relative to compliance of the project with the Housing Element as amended June 25, 1984. Commissioner Kurlander made a motion to approve the Tentative Map of Tract No. 11937 without changes to the previously- applied conditions, but with an additional Finding No. 7. MOTION CARRIED. 117. That the project as conditioned is consistent with the Housing Element of the General Plan as amended June 25, 1984, in that the project meets or exceeds all criteria set forth therein." Tentative Mao of Tract No. 12105 (Public Hearing) Request to reconsider an approved Tentative Tract Map for the Big Canyon Villa Apartments relative to compli- ance of the project with the Housing Element of the General Plan as amended June 25, 1984. LOCATION: Portions of Block 56 and 92 of Irvine's Subdivision, located at the southwesterly corner of MacArthur Boulevard and Ford Road, in the Big Canyon Planned Community. ZONE: P -C APPLICANT: The Irvine Company, dba Irvine Pacific, Newport Beach OWNER: Same as Applicant ENGINEER: Adams /Streeter, Irvine Planning Director Hewicker stated that the purpose of this item is to enable the Planning Commission to review the previously approved Tentative Tract Map for Big Canyon villa relative to compliance of the project with the Housing Element as amended June 25, 1984. Commissioner Kurlander made a motion to approve the Tentative Map of Tract No. 12105 without changes to the previously - applied conditions, but with additional Finding No. 6. MOTION CARRIED. 46 MINUTES INDEX Item No.7 Tentative Map.of Tract No. 12105 Approved Condition - ally • Motion COM x November 8, 1984 MINUTES Beach "6. That the project as conditioned is consistent with the Housing Element of the General Plan as amended June 25, 1984, in that the project meets all criteria set forth therein." � • x >f Correction for 4 18 Request to reconsider an approved Certificate of Correction for a Final Tract Map for. the Superior Avenue Medical office project relative to compliance of the project with the Housing Element of the General Plan as amended June 25, 1984. LOCATION: Tract No. 11018, located at 1455 Superior Avenue, on the northwesterly side of Superior Avenue, between Placentia Avenue and Hospital Road, in the West Newport Triangle area. ZONE: A -P (0.8) APPLICANT: Heltzer Enterprises, Los Angeles OWNER: Same as applicant Planning Director Hewicker stated that the purpose of this item is to evaluate the approval of the Certifi- cate of Correction for Tract No. 11018 relative to the provisions of the Housing Element as amended June 25, 1984. The public hearing opened in connection with this item. Mr. Don Atkinson, 550 Newport Center Drive, Newport Beach, representing the applicant, appeared before the Planning Commission. Mr. Don Jackson, 1455H Superior Avenue, Newport Beach, stated that the development is adjacent to his property and was inquiring about the project's setbacks. Staff informed Mr. Jackson to contact the Planning Department the following day as that information was not available because the current item on the agenda only pertained to the Tract Map. Commissioner xurlander made a motion to approve the Certificate of Correction for Tract No. 11108 without 47 INDEX Item No.8 Correction Tract No. 11018 Approved Condition- ally F F ° ::E p y = 2 P 9 m z c m o m z W D `aN 9 a ° X 0 2 °�Cityof = z m D m z � a T x November 8, 1984 MINUTES Beach "6. That the project as conditioned is consistent with the Housing Element of the General Plan as amended June 25, 1984, in that the project meets all criteria set forth therein." � • x >f Correction for 4 18 Request to reconsider an approved Certificate of Correction for a Final Tract Map for. the Superior Avenue Medical office project relative to compliance of the project with the Housing Element of the General Plan as amended June 25, 1984. LOCATION: Tract No. 11018, located at 1455 Superior Avenue, on the northwesterly side of Superior Avenue, between Placentia Avenue and Hospital Road, in the West Newport Triangle area. ZONE: A -P (0.8) APPLICANT: Heltzer Enterprises, Los Angeles OWNER: Same as applicant Planning Director Hewicker stated that the purpose of this item is to evaluate the approval of the Certifi- cate of Correction for Tract No. 11018 relative to the provisions of the Housing Element as amended June 25, 1984. The public hearing opened in connection with this item. Mr. Don Atkinson, 550 Newport Center Drive, Newport Beach, representing the applicant, appeared before the Planning Commission. Mr. Don Jackson, 1455H Superior Avenue, Newport Beach, stated that the development is adjacent to his property and was inquiring about the project's setbacks. Staff informed Mr. Jackson to contact the Planning Department the following day as that information was not available because the current item on the agenda only pertained to the Tract Map. Commissioner xurlander made a motion to approve the Certificate of Correction for Tract No. 11108 without 47 INDEX Item No.8 Correction Tract No. 11018 Approved Condition- ally s Motion All Ayes November 8, 1984 MINUTES bayfront properties of similar size within the R -2 District. 2. That approval of the request to reduce the required front yard setback on the subject prop- erties will not result in the obstruction of any existing public views. 3. That reduction of the required front yard setback from 35 feet to 20 feet will increase the buildable area of the subject properties to a level which is consistent with the buildable area of surrounding properties. : � x Amendment No. 611 (Public Hearing) Request to consider amending Title 20 of the Newport Beach Municipal Code so as to permit fortune - telling uses in various areas in the City of Newport Beach. INITIATED BY: The City of Newport Beach Commissioner Goff made a motion to approve the proposed amendments to Chapter 20 of the Newport Beach Municipal Code regarding fortune - telling businesses. MOTION CARRIED. Resubdivision No. 791 (Public Hearing) Request to establish a single parcel of land and eliminate an interior property line where two parcels presently exist at the Balboa Yacht Club. LOCATION: A portion of Block 94 of Irvine's Subdivision and Parcel "A" of Lot Line Adjustment 80 -2, located at 1801 Bayside Drive, on the southerly side of Bayside Drive across from Irvine Terrace. ZONE: 0 -S APPLICANT: Balboa Yacht Club OWNER: Same as applicant ENGINEER: Coast Surveying, Santa Ana 49 INDEX Item No.10 Amendment No. 611 Approved Condition- ally Item No 11 Resubdivi- sion No. 791 Approved Condition - ally x x c o 0 _ a v m Z 0 v r o 0 City of Newport Beach a= 9 t m bayfront properties of similar size within the R -2 District. 2. That approval of the request to reduce the required front yard setback on the subject prop- erties will not result in the obstruction of any existing public views. 3. That reduction of the required front yard setback from 35 feet to 20 feet will increase the buildable area of the subject properties to a level which is consistent with the buildable area of surrounding properties. : � x Amendment No. 611 (Public Hearing) Request to consider amending Title 20 of the Newport Beach Municipal Code so as to permit fortune - telling uses in various areas in the City of Newport Beach. INITIATED BY: The City of Newport Beach Commissioner Goff made a motion to approve the proposed amendments to Chapter 20 of the Newport Beach Municipal Code regarding fortune - telling businesses. MOTION CARRIED. Resubdivision No. 791 (Public Hearing) Request to establish a single parcel of land and eliminate an interior property line where two parcels presently exist at the Balboa Yacht Club. LOCATION: A portion of Block 94 of Irvine's Subdivision and Parcel "A" of Lot Line Adjustment 80 -2, located at 1801 Bayside Drive, on the southerly side of Bayside Drive across from Irvine Terrace. ZONE: 0 -S APPLICANT: Balboa Yacht Club OWNER: Same as applicant ENGINEER: Coast Surveying, Santa Ana 49 INDEX Item No.10 Amendment No. 611 Approved Condition- ally Item No 11 Resubdivi- sion No. 791 Approved Condition - ally ROLL Ayes Ns Motion All Ayes • IWAISSIONERS November 8, 1984 X c o x . _ C M m z c m a m z C z v 3 o o Y A m> z T m 1 City of Newport Beach � z Ix Ix changes to the previously - applied Conditions, but with additional Findings No. 3, 4, and 5. "3. That the project as approved is consistent with the General Plan." 114. That the Housing Element of the General Plan does not identify the project site as ade- quate or appropriate for residential develop- ment." 115. That the proposed use of the site is appropriate due to the close proximity of the site to Hoag Memorial Hospital, its location on a primary arterial roadway, and the relationship of the site to surrounding commercial land uses." Commissioner Goff stated that since he opposed the original project he would oppose the motion. Motion voted on and MOTION CARRIED. x Amendment No. 610 (Public Hearing) Request to amend a portion of Districting Map N0.3 so as to reduce the front yard setback adjacent to the. Rivo Alto Channel, between 33rd and 34th Streets, from 35 feet to 20 feet. INITIATED BY: The City of Newport Beach The public hearing opened in connection with this item and Mr. Fred Woodworth, 3304 Marcus Avenue, Newport Beach, appeared before the Planning Commission. Mr. Woodworth stated that the proposed change in the setback will enable added expansion for development. The public hearing was closed at this time. Commissioner Eichenhofer made a motion to approve the findings of Exhibit "A" for approval of Amendment No. 610. MOTION CARRIED. FINDINGS: 1. That the proposed front yard setback is consistent with the front yard setbacks required for other 48 MINUTES Item #9 Amendment No. 610 Approved Condition- ally COMMISSIONERS) November 8, 1984 MINUTES ROLL of Newport Beach x x c o � i a v m y 9 r v Z c m s m z M a a r n x C z m v$ O o a a m O m a n m E a Z a 2 m ROLL of Newport Beach INDEX The public hearing opened in connection with this item and Mr. Terry Welsh, 1000 Quail Street, Newport Beach, representing the applicant, appeared before the Planning Commission. Mr. welsh stated that the applicant agrees with the findings and conditions of Exhibit "A ". Mr. Welsh responded to Chairman Winburn's inquiry stating that the reason for the resubdivision at this time is to consolidate the two land parcels in the event the Balboa Yacht Club would expand development of the facility in the future. The public hearing was closed at. this time. Motion x Commissioner Goff made a motion to approve All Ayes Resubdivision No. 791, subject to the findings and conditions of Exhibit "A ". MOTION CARRIED. FINDINGS: • 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of subdivision or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 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 a subdivision agreement and accompanying surety be provided to guarantee satisfactory • completion of the public improvements if it is 50 INDEX COMMISSIONER) November 8, 1984 MINUTES r 1 U 4. That the displaced and tree damaged portions of sidewalk be reconstructed and the trees root pruned as necessary along the Bayside Drive frontage. All work shall be completed under an encroachment permit issued by the Public Works Department. 5. That a 10 foot wide storm drain easement be dedicated to the City and that the location be approved by the Public Works Department. The easement should be shown on the parcel map unless otherwise approved by the Public Works Department. 6. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. 51 a 0 0 9 A T P 9 = m z c c Z m, m m p r 0 z 0 City of Newport Beach a ROLL CALL INDEX desired to record the parcel map or obtain a building permit prior to completion of the public improvements. r 1 U 4. That the displaced and tree damaged portions of sidewalk be reconstructed and the trees root pruned as necessary along the Bayside Drive frontage. All work shall be completed under an encroachment permit issued by the Public Works Department. 5. That a 10 foot wide storm drain easement be dedicated to the City and that the location be approved by the Public Works Department. The easement should be shown on the parcel map unless otherwise approved by the Public Works Department. 6. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. 51 November 8, 1984 MINUTES of Newport Beach KULL CALL F a C O O INDEX 2 - 9 r T m Z a c m s rn z c z W W t 0 0 D m O m s r = 9 2 2 a M m '� November 8, 1984 MINUTES of Newport Beach KULL CALL INDEX Resubdivision No. 794 (Public Hearing) Item No.12 Request to resubdivide an existing parcel of land into Resubdivi- two parcels for single family residential development sion on property located in the R -1 -B -2 District. The No. 794 proposal also includes an exception to the subdivision Code inasmuch as Parcels No. 1 and No..2 are less than Denied 10,000 sq.ft. in area; less than 90 feet in width; and Parcel No. 1 is less than 100 feet in depth. A modification to the Zoning Code is also required inasmuch as the existing structure on Parcel No. 1 will remain 5 ft. -6 in. side yard setbacks where 10 feet is required, and a 6 foot rear yard setback where 10 feet is required. is • LOCATION: Parcel No. 1 of Parcel Map 30 -47 ( Resubdivision No. 277), located at 1711 Irvine Avenue, on the westerly side of Irvine Avenue between Holiday Road and 20th Street, across from the Baycrest residential area. ZONE: R -1 -B -2 APPLICANT: Warren H. Lortie, Huntington Beach OWNER: Dolores Wienenga, Newport Beach ENGINEER: Emerald Engineering, Huntington Beach The public hearing opened in connection with this item at this time. Mr. Warren H. Lortie, 600 Heliotrope Avenue, 'Corona del Mar, appeared before the Planning Commission on behalf of the applicant. Mr. Lortie commented that the owner's family has lived in the residence for 40 years. The structure was relocated in 1957 with the intent that a resubdivision would occur in front of the house at a later date. The owners were not aware of the rezoning of the area after that time. Mr. Lortie stated that there was also a small resubdivision in the 1960's, at which time the owners gave some of their property to the tract development. Mr. Lortie cited that the applicant's project would be less than the current zoning requirement which is a minimum land parcel of 10,000 sq. ft.; however, the parcel would be acceptable to the R -1 -B District which is across Irvine Avenue and across from the applicant's current residence. Mr. Lortie also stated that the applicant has requested to 52 COMMISSIONERS November e, 1984 rx c o � x m c Z w o g o o 9= T T City of Newport Beach 2 a construct a 2 -story home on the front parcel of land. The front parcel is currently being utilized as a parking area. Mr. Lortie responded to Commissioner Turner by stating that the proposed driveway is 20 feet on Parcel No. 1; however, the Fire Department has requested 26 feet which requires an additional 6 foot easement on Parcel No. 2. Mr. Dave Thorp, 1700 Irvine Avenue, spoke in opposition to the resubdivision and stated that he would like to see the property remain as one parcel of land. Mr. Welch, 1717 Irvine Avenue,. stated that he opposes the 2 -story structure because there are currently many people residing on the property, and many vehicles in the parking area, and another house would only create more congestion. The public hearing was closed at this time. An x Commissioner Turner made a motion to deny Resubdivision All Ayes No. 794, subject to the findings in Exhibit "A ". Chairman Winburn stated that she concurs with Commissioner Turner's motion. MOTION CARRIED. FINDINGS: 1. That the proposed resubdivision is inconsistent with the established size and shape of a majority of other lots in the general vicinity of the subject property. 2. That the granting of the exceptions are not compatible with the objectives of the regulations governing light, air and public health, safety, convenience, and general welfare. 3. That there are no special circumstances or con- ditions affecting the subject property which justify the granting of the requested exceptions. 4. That the granting of the exceptions will be detrimental to the public welfare or injurious to other property in the vicinity in which the • property is located inasmuch as the proposed parcels will be smaller and narrower than a majority of the lots in the area which are located in the R -1 -B -2 District. 53 MINUTES INDEX COMMISSIONERS x z n f C p a = z c y r v m a m m z W A A z r L) 2 C z 0 p; o o 2 s o m a = A z i m ROLL CALL is November 8, 1984 City of Newport Beach Planning Commission recessed at 9:45 p.m, and reconvened at 9:50 p.m. • x Resubdivision No. 795 (Public Hearing) Request to establish a single building site and eliminate interior property lines where three parcels presently exist, so as to allow the construction of a shipyard with marine oriented retail and office uses. LOCATION: A portion of Lot H, Tract No. 616, located at 2439, 2505, and 2507 West Coast Highway, on the southerly side of West Coast Highway, between Tustin Avenue and the Balboa Bay Club in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Coast Surveying, Inc., Santa Ana OWNER: Mariner's Mile Marine Center Ltd., Newport Beach ENGINEER: Same as applicant Planning Director Hewicker commented that the Planning Commission previously approved a Site Plan Review for this project. Mr. Hewicker stated that it is not irregular for an applicant to apply for a resubdivision of the land parcel at a later date. Mr. Hewicker further stated that the height and location of the property does not have .anything to do with the resubdivision. Mr. Burnham stated that the only reason for not approving the resubdivision would be if the map did not comply with all of the ordinances. Mr. Burnham responded to Commissioner Person's inquiry regarding the map conforming to the ordinances, by stating that the tract maps and parcel maps are limited to the design and improvement of the lot as opposed to the structure that would be developed on the lot. The public hearing opened in connection with this item, and Mr. James Evans, representing the applicant, stated 54 MINUTES Item No.13 Resubdivi- sion No. 795 Approved Condition - ally M /V\I»IUNtK�) November 8, 1984 X s C O n that the owner approves the findings and conditions 2 z C m z m z contained in Exhibit "A ". C a N a g o o 2 n= 9 a T m City of Newport Beach Mr. Robert Clark, President of the Newport Heights ROLL MINUTES INDEX that the owner approves the findings and conditions contained in Exhibit "A ". Mr. Robert Clark, President of the Newport Heights Community Association, stated that they are concerned with the height limitations in Mariners Mile, and inquired if the Association would be able to discuss the subject under Additional Business at the end of the Planning Commission Meeting. Commissioner Kurlander commented that the height limit in Mariners Mile could be discussed at the next Study Session. Mr. Hewicker cited that the City Council has appointed an Ad -Hoc Committee to study the Mariner's Mile area. Commissioner Person stated that since representatives from the Community Association have attended the Planning Commission Meeting, that he would like to give the representatives several minutes for a presentation during Additional Business. Commissioner Kurlander stated he has no objections to • their presentation; however, he believes that the Association should go to the Ad -Hoc Committee. Motion X Commissioner Goff made a motion to approve All Ayes Resubdivision No. 795, subject to the findings and conditions in Exhibit "A ". 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 the applicant execute an irrevocable offer to dedicate a public walkway easement 10 feet in 55 MINUTES INDEX U COMMISSIONERS November 8, 1984 MINUTES of Newport Beach width to permit access for pedestrians from West Coast Highway to the bay and a 10 foot wide lateral access easement across the waterfront, subject to the limitation that the City will not exercise or require the irrevocable offer to dedicate so long as the property is operated as a boatyard or any other permitted use which would involve an operation rendering such public walkway easements a hazard to pedestrians. Said irrevoca- ble offer shall be executed and recorded prior to or concurrent with the recordation of the parcel map. 4. That all conditions of Site Plan Review No. 36, as approved by the Planning Commission at its meeting of August 9, 1984, be fulfilled. 5. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless and extension is granted by the Planning Commission. x A. Use Permit No. 3117 (Public Hearing) Request to permit the construction of a two -unit residential condominium and related garages on property located in the R -2 District. mi B. Resubdivision No. 793 (Public Hearing) Request to establish a single parcel of land for residential condominium purposes where one lot presently exists. LOCATION: Lot 14 of Block 532 of the Corona del Mar Tract, located at 512 Dahlia Avenue, on the southeasterly side of Dahlia Avenue between Second Avenue and Third Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Arthur G. Guy, Jr., Newport Beach OWNER: Richard Hucklebridge, Et Al, Lancaster ENGINEER: William H. Duncan, Newport Beach 56 Item No.14 Use Permit No. 3117 Resubdivi- sion No. 793 Approved Condition- ally �x C o 0 x _ a v m z c C m a m z W M X z r G 2 C z m o i o 0 ma �ci z7o Z 9 2 T m of Newport Beach width to permit access for pedestrians from West Coast Highway to the bay and a 10 foot wide lateral access easement across the waterfront, subject to the limitation that the City will not exercise or require the irrevocable offer to dedicate so long as the property is operated as a boatyard or any other permitted use which would involve an operation rendering such public walkway easements a hazard to pedestrians. Said irrevoca- ble offer shall be executed and recorded prior to or concurrent with the recordation of the parcel map. 4. That all conditions of Site Plan Review No. 36, as approved by the Planning Commission at its meeting of August 9, 1984, be fulfilled. 5. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless and extension is granted by the Planning Commission. x A. Use Permit No. 3117 (Public Hearing) Request to permit the construction of a two -unit residential condominium and related garages on property located in the R -2 District. mi B. Resubdivision No. 793 (Public Hearing) Request to establish a single parcel of land for residential condominium purposes where one lot presently exists. LOCATION: Lot 14 of Block 532 of the Corona del Mar Tract, located at 512 Dahlia Avenue, on the southeasterly side of Dahlia Avenue between Second Avenue and Third Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Arthur G. Guy, Jr., Newport Beach OWNER: Richard Hucklebridge, Et Al, Lancaster ENGINEER: William H. Duncan, Newport Beach 56 Item No.14 Use Permit No. 3117 Resubdivi- sion No. 793 Approved Condition- ally ROLL Motion All Ayes • • MANSSIONERS November s, 1984 X c o x z c m Z m z C Z N O X 0 0 M a m a m z m City of Newport Beach A Z The public hearing opened in connection with this item, and Mr. William Duncan, 2436 West Coast Highway, Newport Beach, appeared before the Planning Commission. Mr. Duncan stated that the owner agrees with the findings and conditions in Exhibit "A ". Commissioner Koppelman made a motion to approve Use Permit No. 3117 and Resubdivision No. 793, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. USE PERMIT NO. 3117 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 standards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of ap- proval. 3. The project lot size conforms to the zoning Code area requirements in effect at the time of ap- proval. 4. The project is consistent with the adopted goals and policies of the General Plan and the Local Coastal Program, Land Use Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium develop- ment. 6. The establishment, maintenance or operation of the use of building applied for 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. 57 MINUTES ,i I v�ivir��ivivL�J November 8, 1984 z c O C n _ z c C y m r v a m m x C z W m 2 9 0 z 0 v s m z 9 2 o 0 T m m m j City of Newport Beach 3. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That all vehicular access to the site shall be from the adjacent alley. 5. That Orange County Sanitation District fees shall be paid prior to the issuance of any building permits. 6. That this resubdivision shall expire if the map has not, been recorded within 3 years of the date of approval, unless an 'extension is granted by the Planning Commission. Use Permit No. 3118 (Public Hearing) Request to permit the use of a temporary relocatable building for a maintenance supervisor's office in the custom lot area of Harbor Ridge. LOCATION: Lot 8 of Tract No. 9858, located at 42 Ridgeline Drive, on the northeasterly side of Ridgeline Drive adjacent to the San Joaquin Reservoir, in the Harbor Ridge residential area of the Harbor View Hills Planned Community. ZONE: P -C APPLICANT: Harbor Ridge Association, Newport Beach OWNER: Same as applicant The public hearing opened in connection with this item and Mr. Jim Butler, President, Harbor Ridge Homeowners Association, 35 St. Tropez, Corona del Mar, appeared before the Planning Commission. Mr. Butler stated that the Homeowners Association accepts the responsibility for not applying for a Use Permit and also that there is not a restroom facility in the trailer; however, there is one nearby. Mr. Butler cited that the trailer is being used as a temporary facility until the Homeowners Association 59 MINUTES Item No.l Use Permi No. 3118 Denied COMMISSIONERS Ec o v 9 y m C z H O S O O X = a = T m A November 8, 1984 City of Newport Beach ROLL CALL CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations, except as noted below. 2. That two garage spaces shall be provided for each dwelling unit. 3. That the gross floor area of the structure shall not exceed 3,528 sq.ft. (1.5 times the buildable area of the site). 4. That all Conditions of approval of. Resubdivision No. 793 shall be fulfilled. 5. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. • RESUBDIVISION NO. 793 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Municipal Code, all ordinances of the City, all applicable general or specific plans and the.Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the.subdivision or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivi- sion. CONDITIONS: . 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 58 MINUTES INDEX COMPAISSIONERS November 8, 1984 MINUTES • • of Newport Beach constructs a permanent facility that will house a Supervisor and that can also be utilized for meetings, etc. Mr. Butler stated that there is a definite need for on -site supervision to manage Harbor Ridge which consists of 146 acres, 326 homes, and $13,500,000. worth of assets, and that the area cannot be managed out of a truck. Mr. Butler responded to Commissioner Goff that the Association believes that in a minimum of one year there will be a permanent facility. Commissioner Turner inquired what kinds of activity is the trailer being used for. Mr. Butler stated that the Maintenance Supervisor uses the trailer for an office to manage the Harbor Ridge area by overseeing the contractors, sub - contractors, homeowners' needs and requirements. Mr. Butler commented that the trailer does not house equipment. Mr. Butler responded to Chairman Winburn by stating that the Supervisor will be moving around the Harbor Ridge area in a truck rather than the contractors arriving at the trailer. Mr. Hewicker queried Mr. Butler about what type of work is done by this person, and Mr. Butler replied that the Supervisor oversees what goes on at the sites that are under construction; i.e. that the contractors' trucks are not illegally parked and that there is not an illegal piling of lumber; that he answers homeowners' complaints; and he takes care of numerous other day to day activities. Mr. Butler responded to Commissioner Koppelman's inquiry that the Homeowners Association would like to begin construction on the office facility in one year, depending upon the City's approval, and also depending upon the necessary funds. The Homeowners will be constructing and funding the permanent facility in phases. Mr. Butler replied to Mr. Hewicker that the office facility will not be used as a landscaping maintenance facility. Commissioner Goff opined that the building contractors should be responsible at the construction sites. Mr. Butler cited that the office facility will be used only for the Homeowners Association Management. Commissioner Person discussed the possibility of placing the trailer in the Metropolitan Water INDEX F F c O O 'i A 9 m a L r t 2 c m a m 2 0 A A Z r c 2 O L O O o o A m 0 0 m a m T Z A 2 A a m m • • of Newport Beach constructs a permanent facility that will house a Supervisor and that can also be utilized for meetings, etc. Mr. Butler stated that there is a definite need for on -site supervision to manage Harbor Ridge which consists of 146 acres, 326 homes, and $13,500,000. worth of assets, and that the area cannot be managed out of a truck. Mr. Butler responded to Commissioner Goff that the Association believes that in a minimum of one year there will be a permanent facility. Commissioner Turner inquired what kinds of activity is the trailer being used for. Mr. Butler stated that the Maintenance Supervisor uses the trailer for an office to manage the Harbor Ridge area by overseeing the contractors, sub - contractors, homeowners' needs and requirements. Mr. Butler commented that the trailer does not house equipment. Mr. Butler responded to Chairman Winburn by stating that the Supervisor will be moving around the Harbor Ridge area in a truck rather than the contractors arriving at the trailer. Mr. Hewicker queried Mr. Butler about what type of work is done by this person, and Mr. Butler replied that the Supervisor oversees what goes on at the sites that are under construction; i.e. that the contractors' trucks are not illegally parked and that there is not an illegal piling of lumber; that he answers homeowners' complaints; and he takes care of numerous other day to day activities. Mr. Butler responded to Commissioner Koppelman's inquiry that the Homeowners Association would like to begin construction on the office facility in one year, depending upon the City's approval, and also depending upon the necessary funds. The Homeowners will be constructing and funding the permanent facility in phases. Mr. Butler replied to Mr. Hewicker that the office facility will not be used as a landscaping maintenance facility. Commissioner Goff opined that the building contractors should be responsible at the construction sites. Mr. Butler cited that the office facility will be used only for the Homeowners Association Management. Commissioner Person discussed the possibility of placing the trailer in the Metropolitan Water INDEX COAAANISSIONERS November 8, 1984 MINUTES n • of Newport Beach District's land area. Mr. Butler stated that the only area within Harbor Ridge that the trailer can possibly be is where it is now located, and that the Homeowners Association has plans to landscape around the area. Mr. Butler stated that there is access to the Water District property through the Harbor Ridge area. Mr. Butler further stated that they feel the trailer should be in a more appropriate and easy access area than on the Water District property. Ms. Marjorie Campbell, President and Owner of Campbell Property Services, 247 LaVerne, Long Beach, appeared before the Commission. Ms. Campbell stated that it has been her experience that large homeowners associations that have an on -site Supervisor such as Harbor Ridge, are better managed. The resident homeowners previously had many complaints regarding the conditions of the vacant lots and the various actions of the contractors. The Maintenance Supervisor monitors all requests through the trailer facility where he has a phone as well as an office area to be used for general office work, such as submitting bids for on -site jobs. Mrs. Sharon Vogt, 44 Ridgeline Drive, appeared before the Planning Commission strongly opposing the trailer. Mrs. Vogt presented pictures of the trailer taken from the Vogt house. Mrs. Vogt cited several reasons for opposing the trailer: that the trailer is 35 yards from the Vogt house; the trailer installation is against the Harbor Ridge Planned Community Text and CC &R's; there are more desirable areas that can be used for an office; a Harbor Ridge newsletter stated that the trailer is a permanent on -site facility; the workmen are using the restroom facilities that should only be used by homeowners; the Water District will not allow landscaping surrounding the trailer because the Water District must have access to the water pipe; and how much will the Vogt land value be affected until a permanent structure is constructed? Mrs. Vogt responded to Chairman Winburn's question that potted plants and trees would not be large enough to shield the trailer. Mrs. Vogt commented that she considers the trailer and surrounding area as a maintenance yard and believes that this will set a precedent for other residential areas in Newport Beach. Commissioner Turner inquired where an alternate office facility could be situated. Mrs. Vogt replied that 61 C F C o � _ v y m z c C m o m z W a a = 0 2 C 2 H 9 ; 0 0 a s O M m n = 71 2 T m n • of Newport Beach District's land area. Mr. Butler stated that the only area within Harbor Ridge that the trailer can possibly be is where it is now located, and that the Homeowners Association has plans to landscape around the area. Mr. Butler stated that there is access to the Water District property through the Harbor Ridge area. Mr. Butler further stated that they feel the trailer should be in a more appropriate and easy access area than on the Water District property. Ms. Marjorie Campbell, President and Owner of Campbell Property Services, 247 LaVerne, Long Beach, appeared before the Commission. Ms. Campbell stated that it has been her experience that large homeowners associations that have an on -site Supervisor such as Harbor Ridge, are better managed. The resident homeowners previously had many complaints regarding the conditions of the vacant lots and the various actions of the contractors. The Maintenance Supervisor monitors all requests through the trailer facility where he has a phone as well as an office area to be used for general office work, such as submitting bids for on -site jobs. Mrs. Sharon Vogt, 44 Ridgeline Drive, appeared before the Planning Commission strongly opposing the trailer. Mrs. Vogt presented pictures of the trailer taken from the Vogt house. Mrs. Vogt cited several reasons for opposing the trailer: that the trailer is 35 yards from the Vogt house; the trailer installation is against the Harbor Ridge Planned Community Text and CC &R's; there are more desirable areas that can be used for an office; a Harbor Ridge newsletter stated that the trailer is a permanent on -site facility; the workmen are using the restroom facilities that should only be used by homeowners; the Water District will not allow landscaping surrounding the trailer because the Water District must have access to the water pipe; and how much will the Vogt land value be affected until a permanent structure is constructed? Mrs. Vogt responded to Chairman Winburn's question that potted plants and trees would not be large enough to shield the trailer. Mrs. Vogt commented that she considers the trailer and surrounding area as a maintenance yard and believes that this will set a precedent for other residential areas in Newport Beach. Commissioner Turner inquired where an alternate office facility could be situated. Mrs. Vogt replied that 61 �VVVH»wrvCRJ November 8, 1984 7,Z; z C P 9 City of Newport Beach ROLL there is a vacant facility that stores equipment near the tennis courts on Coventry that could be converted to an office. Mrs. Campbell responded to Commissioner Goff's question regarding the facility on by stating that the pool area has a cabana which includes a pool and jacuzzi, and that the building contains all pool equipment including a heater and filter. Mrs. Campbell explained that the Maintenance Supervisor needs more than telephone space for a working area. Mr. Thomas Vogt, 44 Ridgeline Drive, stated that the reasons the Vogt's purchased their property was because of the view, a guaranteed greenbelt and it is an unattached property. Mr. Vogt commented that he recommended alternate sites for the maintenance trailer to Mr. Sutler, and that the Homeowners Association Board was violating the CC &R's with no consideration for citizen rights and City codes. Mr. Vogt cited the • Homeowners Association has an Architectural Committee, Maintenance Committee, maintenance company, landscaping company, and pool maintenance which are all included in the CC &R's. Mr. Vogt read several sections from the CC &R's to confirm the Homeowners Association's by -laws. Mr. John Seelert, 720 North Fern, Orange, Harbor Ridge Maintenance Supervisor, cited that he received permission from the Metropolitan Water District to use the 40 ft. wide easement in the Water District area on a temporary basis. Mr. Seelert stated that he had no intent of not applying for a permit from the City. He further explained that trees will be planted against the trailer in order to camouflage the trailer, and not on the easement. Mr. Seelert also stated that the pool house would be too noisy for an office because of the pool equipment. The Irvine Company trucks and equipment are working in close proximity to the trailer because they are constructing caretaker buildings for the Metropolitan Water District. Commissioner Kurlander questioned Mr. Seelert regarding the amount of time he spends in the trailer. Mr. Seelert replied that he is in the trailer approximately 2 hours a day. Mr. Seelert emphasized that the trailer does not contain any maintenance equipment. Mr. Seelert stated that there are too many homes surrounding the area to temporarily install the trailer that is 6 MINUTES COMMISSIONERS F F a O = A L 9 m 1 c z c m> m z Z 9 = r c 2 O S o o O O a m IC 0 o m D m m Y 9 Y p Y m m ROLL CALL I Motion • I All Ayes i x November 8, 1984 of Newport Beach presently being considered for the permanent office building. Mr. Hewicker explained that the office requirement is for the Homeowners Association and not for the Campbell Company; therefore there would not be a zoning conflict. Commissioner Person stated that he believes that the trailer and related uses are not compatible with the residential area. Commissioner Person opined that the Homeowners Association should locate the trailer in a more suitable area in an area that will not be for residential use. Commissioner Person made a motion to deny Use Permit 3118, subject to the findings contained in Exhibit "A" of the Staff Report. Commissioner Kurlander stated that he would support the motion because he believes that there are other homeowners in the area that would not want the trailer near their residence. Commissioner Goff stated that he would support the motion because he believes that there are other solutions to the problem. Motion voted on and MOTION CARRIED. FINDINGS: 1. That the proposed trailer is both visually and functionally incompatible with the adjoining residential property. 2. That the needed office facilities should be located in permanent facility designed in a manner so as to be compatible with the surrounding residential character of the area. 3. The approval of Use Permit No. 3118 will, 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 and be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. 63 MINUTES C0M /V\bNUNLK5 November 8, 1984 MINUTES C o Fcz - y v m 9 w = c r m > o T 0 m City of Newport Beach a= ROLL CALL I Tr I I I I I INDEX ON Motion All Ayes 0 A D D I T I O N A L B U S I N E S S: Mr. Clark and Mr. Jeannette discussed the possibility of reducing the permitted height limits in Mariner's Mile with the Commission. The Commission suggested that they discuss their concerns with the Mariner's Mile Ad Hoc Review Committee. Mrs. Whitford discussed the Anderson commercial project with the Commission. Mrs. Slayback indicated .to the Commission that employees in the Mariner's Mile area are parking their automobiles on the adjoining residential streets. The Planning Director discussed his .intention to approve a temporary dock assembly site on a portion of the Castaways site with the Commission. The Commission concurred with the Planning Director's decision. . The Planning Director reviewed the proposed residential development of Mr. Segerstrom on the Balboa Peninsula with the Commission. It was determined that the proposed residential structure that exceeds the basic height limit in the R -1 District, should be processed with a use permit application, instead of a variance application, or by establishing a new grade on the property. The Planning Commission scheduled a Study Session on December 6, 1984, at 3:00 p.m., to review the proposed Cannery village /McFadden Square Specific Area Plan with the consultants, and to provide time for the City Attorney to review various items with the Commission. The Commission voted to cancel the Planning Commission meetings of November 22, 1984, and December 20, 1984. A D J O U R N M E N T: 11:20 p.m., adjourned to a joint meeting with the Parks, Beaches, and Recreation Commission on November 15, 1984, at 7:00 p.m. in the City Council Chambers. JOHN KURLANDER, SECRETARY Newport Beach City Planning Commission 64 Mariner's Mile Castaways Segerstrom Study Session Ur iDII01II1