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HomeMy WebLinkAbout11/09/1988COMMISSIONERS RESCHEDULED REGULAR PLANNING COMMISSION MEETING MINUTES o o 1.oF PLACE: City Council Chambers 'P y y q� TIME: 7:30 p.m. pyyo oy �psyp DATE: November 9, 1988 CITY OF NEWPORT BEACH ROLL CALL INDEX Present * * * * * * * All Commissioners were present. (Chairman Pomeroy arrived at 7:35 p.m.) EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of October 20, 1988: Minutes of * 10 -20 -88 n Motion was made and voted on to approve the October 20, V 1988, Planning Commission Minutes. MOTION CARRIED. ent Public Comments: Public Comments No persons came forth to speak on non - agenda items. _Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, November 4, 1988, in front of City Hall. Bequest for Continuances: Request for Continuance James Hewicker, Planning Director, stated that the applicant, Josephine Ioffrida, has requested that Resubdivision No. 884, property located at 408 and 410 East Balboa Boulevard, be continued to the Planning Commission meeting of December 8, 1988. Ion * Motion was made and voted on to continue Resubdivision Ayes * * * * * No. 884 to the December 8, 1988, Planning Commission Absent * meeting. MOTION CARRIED. >k k aF COMMISSIONERS November 9, 1988 mG F yNO9yi 9y o vy P 9 � OS O y y \< %\0 OF NEWPORT BEACH MINUTES ROLL CALL INDEX Resubdivision No 884 (Continued Public Hearing) Item No.l Request to resubdivide two existing lots into two Resub.884 parcels of land for two unit residential condominium purposes, on property which is to be rezoned from the C- Cont'd to 1 District to the R -2 District. Said resubdivision also 12 -8-88 includes a request to adjust the location of the interior common property line so as to maintain a minimum area greater than 2,375 sq.ft. for both parcels. LOCATION: Lots 11 and 12, Block 3, Balboa Tract, located at 408 and 410 East Balboa Boulevard, on the northerly side. of East Balboa Boulevard between Cypress Street and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Josephine Ioffrida, Newport Beach OWNER: Same as applicant ARCHITECT: Balboa Pacific, Newport Beach James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the December 8, 1988, Planning Commission meeting. Motion * Motion was made and voted on to continue this item to Ayes * * * * * * the Planning Commission meeting of December 8, 1988. Absent * MOTION CARRIED. Use Permit No. 1510 (Amended)(Public Hearing) Item No.2 Request to amend a previously approved use permit which UP1510A permitted the conversion of a 44 bed convalescent hospital into a 35 bed rehabilitation center for Approved alcoholic patients which is now operated as the Newport Harbor Adolescent Hospital. The proposed amendment involves a request to construct an expansion of an existing dining area; construct an addition which will contain two offices, a dry storage area, a walk -in refrigerator, general storage, a laundry, and toilet facilities; allow the use of a temporary modular classroom building, to be located in an existing parking • area; to permit the continued use of a former storage building for outpatient services; and to allow the retention of an as- built, illuminated sports court, -2- COMMISSIONERS GZt° p9�9oyp�- Z OX y m November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX located within an area previously used for required off - street parking. LOCATION: Parcel 3 of Parcel Map 160 -3 -5, (Resubdivision No. 654) located at 1501 16th Street, on the southwesterly side of 16th Street between Irvine Avenue and Dover Drive adjacent to Cliff Haven. ZONE: A -P -H APPLICANT: Century Health Care of California, Newport Beach OWNER: Same as applicant Mr. Daniel R. McAllister, DeRevere Partnership, Newport Beach, appeared before the Planning Commission on behalf of the applicant. Mr. McAllister concurred with the findings and conditions in Exhibit "A". In reference to Conditions No. 6 requesting the illumination of stairs, and Condition No. 7 requesting the concealment of light spillage and glare, Mr. Hewicker stated that the conditions are based on staff's anticipation of the installation of a new lighting system. Commissioner Debay and Mr. Hewicker discussed Condition No. 8, requesting that the extension of the temporary building shall be approved by the Modifications Committee, and the concerns regarding previously approved applications requesting temporary buildings. In reference to the foregoing Conditions No. 6 and No. 7, Commissioner Edwards suggested that Condition No. 6 be amended to include "replacement" and Condition No. 7 be amended to include "cutoff shields ". Mr. Joe Gallant appeared before the Planning Commission to state that his wife and his mother -in -law, who have a divided one -half interest in the subject property were not notified of the subject use permit. William Laycock, Current Planning Manager, explained that in accordance with the City Attorney's Office, a long term lessee has the authority to sign a use permit application, and he said that the applicant has a lease agreement to permit the hospital to remain on the site until 1998. -3- COMMISSIONERS November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Mr. Gallant and representatives of the applicant adjourned to discuss the concerns of the property owners whereby Mr. Gallant concluded that he would not object to or approve of the subject application. Mr. Joseph McCarthy, 734 St. James Place, appeared before the Planning Commission to state that his concerns are that the applicant continues to expand the use of the facility, and he objected to the noise that he believed emitted from the lighted sports court after 10:00 p.m. Mr. McCarthy requested that the court lights be shut off earlier than 10:00 p.m.' In reference to a question posed by Commissioner Debay regarding Condition No. 5, requesting that the lights be turned off by 10 :00 p.m. daily, Mr. McCarthy replied that he would prefer that the lights be turned off at 9:00 p.m. daily. In reference to Condition No. 8, requesting that any extension of the use permit shall be approved by the Modifications Committee, Commissioner Debay questioned if the extension of the use permit • should be approved.by the Planning Commission. In response to a question posed by Commissioner Edwards, Mr. McCarthy replied that the sports court lights do not disturb the neighbors because there is landscaping between the facility and the neighborhood. Mr. McAllister reappeared before the Planning Commission, and in response to a question posed by Commissioner Debay, he replied that the applicant would not object if the court lights would be required to be turned off at 9:00 p.m. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Di Sano, Mr. Hewicker replied that staff has not received any complaints of noise from the Police Department. Discussion ensued between Commissioner Di Sano and Carol Korade, Assistant City Attorney, regarding what would be considered noise violations and the enforcement of same. Commissioner Winburn commented that the Planning Commission has not received complaints of noise at 745 Dover Drive since the Planning Commission approved Use Permit No. 3225 on September 4, 1986. Commissioner • Winburn addressed the success of the facility, and she commented that inasmuch as there is a need for the -4- COMMISSIONERS November 9, 1988 y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX modular unit for additional classroom space that it would be appropriate for the Modifications Committee to review a request for an extension of the use permit. Discussion ensued between Commissioner Edwards and Ms. Korade regarding the lease agreement between the interested parties. Motion * Motion was made to approve Use Permit No. 1510 (Amended) subject to the findings and conditions in Exhibit "A ". He commented that there have been no complaints regarding the facility; however, he said that if there are future complaints, that in accordance with Condition No. 10, the Planning Commission may bring back the use permit for review. In reference to the foregoing Condition No. 8, Commissioner Di Sano stated that the Planning Commission has the opportunity to call up the application to extend the use permit after said request has been reviewed by the Modifications Committee. In reference to a concern expressed by Commissioner Edwards regarding Condition No. 7, Mr. Hewicker • explained that it is a standard condition that requires no extra wording inasmuch as the specified lighting does not create a problem. Commissioner Edwards stated that he wanted the record to show that cutoff shields have been requested. In reference to Condition No. 6, Commissioner Edwards suggested that the condition be amended to state "That the stairs shall be illuminated by replacement low level lighting.." Commissioner Debay requested that Condition No. 5 be amended to state "that the sports court lighting.... shall be turned off by 9:00 p.m. daily" inasmuch as the applicant stated that he did not object to said request. The maker of the motion concurred with the recommendation. Mr. Hewicker stated that a light pole at the rear of the kitchen - dining room area has several light bulbs that staff would prefer if they shine down instead of out. Commissioner Pers6n stated for the record that the applicant has agreed to take care of the light pole in question; however, if the request is not complied with he requested that staff advise the Planning Commission for further action. -5- COMMISSIONERS - z November 9, 1988 mG "din 99 v v 'S. CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion was voted on to approve Use Permit No. 1510 (Amended) subject to the findings and conditions in Exhibit "A ", including amended Conditions No. 5 and No. All Ayes 6 as previously stated. MOTION CARRIED. .FINDINGS: 1. That the proposed project is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking exists to serve the proposed development. 4. That the approval of this amendment to Use Permit No. 1510 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 to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That 38 parking spaces shall be provided for the facility. 3. That a vehicular turnaround shall be provided near the proposed modular classroom. 4. That the final parking plan shall be subject to further review and approval of the City Traffic Engineer. 5. That the sports court lighting shall not be turned on prior to 7:00 a.m. and shall be turned off by 9:00 p.m. daily. 6. That the stairs shall be illuminated by replacement • low level lighting only to the extent necessary to achieve safety on the stairs. -6- COMMISSIONERS 6s q ;F O,o November 9, 1988 oo�99Cy�o �� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 7. That onsite lighting shall be designed in such a manner as to conceal the light source and to minimize light spillage and glare to the residential area adjoining the facility at 745 Dover Drive. 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. 8. That the temporary building shall be permitted on the site for a period of one year from the effective date of this use permit, and any extension shall be approved by the Modifications Committee. 9. At such time as the applicant's use of the temporary building ceases or permission to maintain the temporary building onsite lapses, whichever happens first, the building shall be removed from the site, and the property shall be restored to its present condition. • 10. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. ,ter* • -7- COMMISSIONERS !y�p$'O�yF� November 9, 1988 G N 9�vyvy'� y 10 y? ��y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 1727 (Amended)(Public Hearing) Item No.3 Request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale UP1727A alcoholic beverages, and dancing to pre- recorded music. The proposed amendment includes a request to expand the Approved "net public area" of the restaurant, delete the existing dancing and prerecorded music and establish a parking requirement based on one parking space for each 40 sq.ft. of "net public area" whereas the existing use permit requires one parking space for each 36.8 sq.ft. of "net public area ". LOCATION: Parcel 2 of Parcel Map 45 -23 (Resubdivision No. 347) located at 4248 Martingale Way, westerly of MacArthur Boulevard, between Martingale Way and Dolphin- Striker Way in Newport Place. ZONE: P -C APPLICANT: Allen Hospitality, Inc., Salt Lake City • OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Kent Trollen, 509 - 31st Street, appeared before the Planning Commission on behalf of the applicant. Mr. Trollen concurred with the findings and conditions in Exhibit "A ". Commissioner Debay, Commissioner Persdn, and James Hewicker, Planning Director, discussed the use of "universal" parking spaces in the parking area. They addressed future circumstances regarding the parking area which would require a review of the use permits by the Planning Commission of the three restaurants located in the area. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. All Ayes 1727 (Amended) subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. • 8- COMMISSIONERS ymG �yN�y9 y 9 November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX Findings: 1. That the proposed restaurant use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The Police Department has indicated that it does not contemplate any problems from the proposed operation. 4. That the change in operational characteristics of the restaurant is sufficient so as to allow an increase in the "net public area" of the restaurant without increasing the existing parking demand of the site. 5. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 6. That the waiver of the restaurant development standards as they relate to traffic circulation, walls, parking lot illumination and landscaping will be of no further detriment to adjacent properties inasmuch as the proposed restaurant is located in an existing developed site. 7. The approval of Use Permit No. 1727 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed restaurant shall be in substantial conformance with the approved site plan, floor plans, and elevations, except as noted below. 2. That a minimum of 65 on -site parking spaces shall be provided for the restaurant operation. -9- COMMISSIONERS AIL '� A is o stn November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 3. That all dancing and live entertainment shall be discontinued from the restaurant operation. 4. The "net public area" of the restaurant shall not exceed 2,600 square feet. 5. That all employees of the restaurant shall be required to park on -site. 6. That no valet parking shall be permitted within the on -site parking area unless an amended use permit is approved by the Planning Commission. 7. That all improvements be constructed as required by Ordinance and the Public Works Department. 8. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 9. That a minimum of two handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self parking and shall be identified by a single handicapped sign on a post. 10. That the restaurant development standards as they pertain to traffic circulation, walls, parking lot illumination, and landscaping are hereby waived. 11. That all signs shall conform to the provisions of the Newport Place Planned Community Development Standards. 12. 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. 13. This use permit shall expire unless exercised within 24 months from the date of approval as • specified in Section 20.80.090A of the Newport Beach Municipal Code. -10- COMMISSIONERS ��+' �9 v November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3266 (Amended)(Public Hearing) Item No.4 Request to amend a previously approved use permit which UP3266A permitted the establishment of a take -out restaurant with incidental seating on property located in the P -C Approved District. Said approval also waived a portion of the required off - street parking spaces. The proposed amendment involves: a request to add an outdoor patio dining area containing five tables and 24 chairs; a request to delete Condition of Approval No. 2 of the original use permit which prohibits the cooking of food unless an amended use permit is obtained; a request to amend Condition of Approval No. 3 of the original use permit which limits the hours of operation between 5:30 a.m. to 3:30 p.m. so as to allow the facility to have a closing time of 9:00 p.m. daily; a request to amend Condition of Approval No. 10 of the original use permit so as to increase the indoor seating from 28 seats to 40 seats; a request to add the incidental service of on- sale beer and wine; and a request to waive the is additional required off - street parking spaces. LOCATION: A portion of Record of Survey No. 11 -34, located at 251 Shipyard Way, in the southwesterly portion of the Lido Peninsula. ZONE: P -C APPLICANT: Clarissa Dodd, Newport Beach OWNER: Curci -Turner Company, Newport Beach Commissioner Pers6n stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item, and Ms. Clarissa Dodd, applicant, appeared before the Planning Commission. She concurred with the findings and conditions in Exhibit nA ". In response to a question posed by Commissioner Edwards, James Hewicker, Planning Director, explained that the applicant's request to expand to 40 interior seats has been limited to 37 seats in accordance with Condition No. 5. • There being no others desiring to appear and be heard, the public hearing was closed at this time. -11- COMMISSIONERS mG� 9N 99 y y 9s November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion * Motion was made and voted on to approve Use Permit No. Ayes * * * * * * 3266 (Amended) subject to the findings and conditions in Absent * Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan and is compatible with surrounding land uses. 2. That the waiver of the take -out restaurant develop- ment standards as they relate to traffic circulation, walls, parking lot illumination, landscaping, utilities and a. portion of the required off - street parking will be of no further detriment to adjacent properties inasmuch as the proposed take -out restaurant is located in an existing developed site, and there is more than adequate parking on -site for the proposed use. • 3. That the proposed use of the property for a take- out restaurant will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the Police Department has no objections with the proposed development. 5. The approval of Use Permit No. 3266 (Amended) will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. Conditions: 1. That development shall be in substantial conformance with the approved site plan and floor plan, except as noted below. 2. That all previous applicable conditions of approval of Use Permit No. 3266, as approved by the Planning Commission on May 7, 1987 shall be fulfilled. 3. That the development standards pertaining to portions of the required parking (28 spaces), 12 COMMISSIONERS 4A.olf"o�o„ ymG �9��99 y y November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX traffic circulation, landscaping, utilities, parking lot illumination and walls shall be waived. 4. That a minimum of 4 parking spaces shall be provided on -site for employees, and that all employees shall park their vehicles on -site. 5. That seating within the proposed take -out restaurant shall be limited to 37 interior seats and 24 outdoor patio seats. 6. The hours of operation for the proposed take -out restaurant shall be limited between the hours of 5:30 a.m. and 9:00 p.m. daily. 7. That the kitchen exhaust fans shall be designed to control odors and smoke to the satisfaction of the Building Department. 8. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage system in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 9. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 10. That the applicant shall obtain Coastal Commission approval prior to the issuance of building permits. 11. That the applicant shall provide panic hardware on the existing entry doors to the interior of the restaurant facility. 12. That the service of alcoholic beverages shall be incidental to the serving of food. 13. That the Planning Commission may add to or modify conditions of approval to this use permit or recom- mend 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. -13- COMMISSIONERS November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLT CALL INDEX 14. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code, Amendment No. 672 (Public Hearing) Item N0.5 Request to amend the Block 400 Planned Community A672 Development Plan so as to establish restaurants as a permitted use within Area One of the Planned Community, (Resolution subject to the approval of a use permit in each case. No. 1184) LOCATION: Property bounded by Newport Center Drive, Approved San Miguel Drive, Avocado Avenue and San Nicolas Drive in the Block 400 Planned Community, in Newport Center. ZONE: P -C • APPLICANT: Robert W. Forstrom, Balboa OWNERS: Causey and Rhodes, Newport Beach The public hearing was opened in connection with this item, and Mr. Robert W. Forstrom, applicant, appeared before the Planning Commission. Mr. Forstrom stated that he concurred with the findings in Exhibit "A ". Discussion ensued between Commissioner Edwards, Commissioner Debay and Mr. Forstrom regarding the demand for restaurants within the subject area. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion All Ayes : Motion was made and voted on to approve Amendment No. 672 (Resolution No. 1184), subject to the findings in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the provision of food uses in Block 400 will reduce the need for employees to leave the area for lunch, thereby reducing automobile traffic. 2. That food service uses will be supportive of the • primary office use in Area One of Block 400. -14- COMMISSIONERS y�G���o�NOy9C� °100 November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROM 'CALL INDEX 3. That individual restaurants will be subject to the securing of a use permit, thereby insuring that potentially adverse effects of a particular restaurant will be addressed. Use Permit No. 3329 (Continued Public Hearing) Item No.6 UP3329 Request to establish a restaurant within an existing medical office building on property located in Area One of the Block 400 Planned Community, Approved LOCATION: Parcel 1 of Parcel Map 63 -34 (Resubdivision No. 226) located at '400 Newport Center Drive, on the northeasterly corner of Newport Center Drive and San Miguel Drive, in the Block 400 Planned Community, in Newport Center. ZONE: P -C • APPLICANT: Robert W. Forstrom, Balboa OWNERS: Causey and Rhodes, Newport Beach The public hearing was opened in connection with this item, and Mr. Robert W. Forstrom, applicant, appeared before the Planning Commission. Mr. Forstrom stated that he concurred with the findings and conditions in Exhibit "A ". Mr. Forstrom and Commissioner Winburn discussed the available parking spaces and the on -site parking structure. Mr. Forstrom explained that employees of the medical offices are required to park their automobiles on the upper deck of said parking structure. In response to a question posed by Commissioner Debay, Mr. Forstrom explained that the reason that he has requested that the restaurant be open for business between the hours of 6:00 a.m. to 11:00 p.m. daily is to accommodate the adjoining Edwards' Theatre patrons sometime in the future. Mr. Forstrom explained that the restaurant patrons would park on the lower level of the parking structure during the evening hours. In response to a concern expressed by Commissioner Debay regarding the 11:00 p.m, closing hour, Commissioner Pers6n commented that there is a need to encourage nighttime -15- COMMISSIONERS �AA�i ymG November 9, 1988 �yro oy Qg I♦ <yo yx CITY OF NEWPORT BEACH MINUTES RO CALL INDEX activity in Newport Center, and that he would not object if the restaurant closed at 11 :00 p.m. In response to questions posed by James Hewicker, Planning Director, Mr. Forstrom replied that the restaurant would not have any exterior signs, that the only signs would be in the windows and within the building. Mr. Forstrom further replied that he is not proposing to install benches on the sidewalk at this time; however, he said that he would not like to be restricted from that use. Mr. Forstrom also stated that he intends to use the two trash dumpsters that are within 100 feet of the subject restaurant and are used by the building located at 400 Newport Center Drive. Mr. Forstrom and Mr. Hewicker discussed the trash pickup service at Mr. Forstrom's restaurant on East Coast Highway in Corona del Mar. There being no others desiring to appear and be heard, laon • the public hearing was closed at this time. Motion was made to approve Use Permit No. 3329 subject to the findings and conditions in Exhibit "A ". Commissioner Winburn and Mr. Hewicker discussed the applicant's statement that he may request to install benches outdoors which would encourage people to eat food on the benches. Commissioner Winburn concurred with Mr. Hewicker's suggestion that Condition No. 15, requiring cleaning of the sidewalk, and Condition No. 16, requiring trash receptacles, be added in the event that benches are installed outdoors. The maker of the motion agreed with the requested added conditions. Discussion ensued between the Planning Commission regarding the concerns that Commissioner Edwards had pertaining to illumination of the parking lot. All Ayes Motion was voted on to approve Use Permit No. 3329, subject to the findings and conditions in Exhibit "A ", including aforementioned Conditions No. 15 and No. 16. MOTION CARRIED. FINDINGS: 1. That the proposed project is consistent with the • Land Use Element of the General Plan and is compatible with the surrounding land uses. -16- COMMISSIONERS - G9�9 oy Q��oyo November 9, 1988 CITY OF NEWPORT BEACH MINUTES RO CALL t INDEX 2. That the project will not have any significant environmental impact. 3. That adequate parking exists to serve the proposed development. 4. That the waiver of development standards as they pertain to walls, landscaping, and parking lot illumination will not be detrimental to the adjoining properties. 5. That the provision of a restaurant at this location will reduce the need for building employees to drive off -site to buy lunch. 6. That the restaurant will not be a destination point in and of itself, but is designed to serve building tenants and their visitors. 7. The Police Department has no objections to the proposed restaurant facility. • 8. That the approval of Use Permit No. 3329 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 to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That 8 parking spaces shall be provided for the proposed restaurant. 3. That all signs shall conform to the Block 400 Planned Community District Standards. 4. That all trash areas and mechanical equipment shall be screened from view. 5. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 17 COMMISSIONERS ydGb Fy�Fyy q 9 mqy November 9, 1988 9y ��y f�yo�,yo CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 6. That a trash compactor be provided in the restaurant facility. 7. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 8. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 9. That no sale of alcoholic beverages shall be permitted unless an amendment to..this use permit is approved by the Planning Commission. 10. That no live entertainment or dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. • 11. That restaurant development standards pertaining to walls, landscaping, and parking lot illumination shall be waived. 12. That the approval of this use permit shall not take effect until and unless Amendment No. 672 is approved by the City Council. 13. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 14. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 15. That if the applicant installs benches outside of the restaurant, the sidewalk shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed, or washed in such a manner that any debris or wastewater does not enter the storm drain system or the bay. 18 COMMISSIONERS yo�yc�oso November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX 16. That trash receptacles for patrons shall be located in convenient locations outside the building if benches are installed outside of the restaurant. ,t �t Use Permit No. 3330 (Public Hearing) Item No.7 Request to permit the expansion of existing living rooms UP3330 in two dwelling units of a nonconforming fourplex, on property located in the "Retail and Service Commercial" Approved portion of the Cannery Village/McFadden Square Specific Plan Area. Said fourplex is nonconforming in that: (1) two of the four dwelling units are located on the first floor, whereas the Cannery Village/McFadden Square Specific Plan permits residential development only on the second floor in commercial areas; (2) four dwelling units are provided on the 3,125 sq.ft, lot, whereas said Specific Plan permits only one dwelling unit per 2,000 square feet of land area; (3) only four parking spaces, or one per dwelling unit are provided, whereas the . Specific Plan requires that 2 spaces per unit, or a total of 8 spaces be provided; and (4) two of said parking spaces are substandard. LOCATION: Lot 3, Block 22, Newport Beach, located at 2204 West Ocean Front, on the northeasterly side of West Ocean Front, between 22nd Street and 23rd Street, on the Balboa Peninsula. ZONE: SP -6 APPLICANT: Umberto Autore, Huntington Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Umberto Autore, applicant, appeared before the Planning Commission. Mr. Autore stated that he concurred with the findings and conditions in Exhibit "A" There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Winburn referred to Use Permit No. 3298, • approved by the Planning Commission on October 22, 1987, and she addressed the similarity of the two projects. -19- COMMISSIONERS 43 \OL November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion * Motion was made to approve Use Permit No. 3330, subject to the findings and conditions in Exhibit "A ". Commissioner Pers6n stated that he only supports the use permit on the basis of the existing development in the area. Commissioner Pers6n commented that he believes that residential uses in close proximity to commercial areas are not in the best interest of the City. Motion was voted on to approve Use Permit No. 3330 Ayes * * * * * subject to the findings and conditions in Exhibit "A ". Noes * * MOTION CARRIED. FINDINGS 1. Although the existing residential fourplex is inconsistent with the goals of the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, the proposed additions to the nonconforming use are not significant in this case and further that the issue of alterations and additions to nonconforming uses is not specifically precluded by the General Plan and the Local Coastal Plan. 2. That the proposed additions to the structure will not increase any nonconforming condition nor create any new nonconforming condition on the site. 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 development. 4. The project will not have a significant environmental impact. 5. That the proposed additions involve the expansion of existing rooms and therefore will not increase the parking demand for the site. 6. The approval of Use Permit No. 3330 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. -20- COMMISSIONERS - Zay m November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROL CALL t INDEX CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That the wall within the rear garage which encloses the laundry area shall be removed so as to provide two parking spaces a minimum of 19 feet in depth. 3. That one garage parking space shall be provided for each dwelling unit and shall be maintained for vehicular storage at all times. 4. That the 10 foot rear yard setback on the ground floor shall be kept free and clear at all times and shall not be used for parking purposes inasmuch as said parking would block access to a required parking space for one of the existing dwelling units. 5. That the structure shall be redesigned so that the required 10 foot rear yard setback shall be maintained. 6. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 7. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3332 (Public Hearing) Item No.8 UP3332 Request to permit the installation of outdoor tennis court lighting on property located in the R -1 -B -2 District. Said lighting will be installed on eight Approved poles with fixture heights of 20 feet. LOCATION: A portion of Lot 287, Newport Heights, located at 2401 22nd Street, on the southwesterly side of 22nd Street, between Tustin Avenue and Irvine Avenue, • adjacent to Dover Shores. ZONE: R -1 -B -2 -21- COMMISSIONERS q q� 1'� Oi Otn November 9, 1988 - s `y ` CITY OF NEWPORT BEACH MINUTES ROL 7CALL INDEX APPLICANT: Steven D. Wymer, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Steven Wymer, applicant, appeared before the Planning Commission. Mr. Wymer stated that he concurred with the findings and conditions in Exhibit "An. Mr. Wymer explained the installation and placement of the tennis court lights, and he commented that an opaque fence surrounds the existing tennis court. Mr. Wymer stated that the landscaping around the tennis court includes sequoia trees that obstruct the tennis court area. In response to questions posed by Commissioner Debay, Mr. Wymer replied that the neighbors have been notified of the application and that they have not expressed any concerns regarding same. James Hewicker, Planning Director, stated that the tennis court is adjacent to • 22nd Street and would not interfere with the neighbors on Windward Lane. Mr. Hewicker commented that the tennis court lighting has been installed; however, he said that they are not currently connected. Discussion ensued between Commissioner Edwards, Commissioner Merrill, and Mr. Hewicker regarding the landscaping plan surrounding the tennis court, and Mr. Wymer indicated that he would not object if the Planning Commission added a condition indicating that a landscaping plan be provided. Mr. James Bartley, 2400 - 22nd Street, appeared before the Planning Commission stating that he is satisfied with the tennis court. In response to his questions regarding the wording in the public notice, and his concern that he had not been notified of the installation of the tennis court, Mr. Hewicker explained that the applicant met all of the requirements to construct a tennis court at the subject location; however, he said that the applicant is required to apply for a use permit so as to illuminate the tennis court. Carol Korade, Assistant City Attorney, explained that the public notice states that the Planning Commission's action can be challenged in court by an interested party. Chairman Pomeroy referred to Condition No. 5 and stated that the use permit could be recalled at any time by the Planning Commission if the tennis court lights would become a disturbance to the neighbors. -22- COMMISSIONERS November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Ms. Martha Fluor, 2425 - 22nd Street, appeared before the Planning Commission on behalf of herself and an adjacent neighbor, Mr. Farwell. In reference to Condition No. 3 requesting that the tennis court lights shall be turned off by 10:00 p.m. daily, Ms. Fluor suggested that the lights be shut off by 9:00 p.m., Sunday through Thursday. Ms. Betty Ann Dent, adjacent neighbor, appeared before the Planning Commission to state that she would prefer that the lights be turned off at 9:00 p.m. She stated that the applicant has informed her that he would agree to the requested shutoff time. Ms. Dent further stated her approval of the landscaped area. In response to a question posed by Chairman Pomeroy, Mr. Wymer reappeared before the Planning Commission to state that he has no objection if the tennis court lights are turned off at 9:00 p.m., Sunday through Thursday. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to approve Use Permit No.. 3332, subject Motion * to the findings and conditions in Exhibit "A ", including revised Condition No. 3, stating that the tennis court lights shall be turned off by 9:00 p.m., Sunday through Thursday, and by 10:00 p.m., Friday and Saturday. The maker of the motion pointed out that the applicant concurred with the revised condition. Commissioner Merrill requested that Condition No. 1 be revised to state that the development shall be in substantial conformance with the approved plot plan, elevation and landscape plan. The maker of the motion concurred with the revised condition. Motion was voted on to approve Use Permit No. 3332, subject to the findings and conditions in Exhibit "A ", All Ayes including revised Conditions No. 1 and No. 3 as previously stated. MOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impacts. 23 COMMISSIONERS November 9, 1988 - �$ CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX 3. That the proposed illumination will be installed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjoining residential properties and streets. 4. The approval of Use Permit No. 3332 will not under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, elevation and landscape plan. 2. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses and 22nd Street. 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. 3. That the tennis court lighting shall not be turned on prior to 7:00 a.m. and shall be turned off by 9:00 p.m., Sunday through Thursday, and 10:00 p.m., Friday and Saturday. 4. That the light fixtures shall not exceed 20 feet in height. 5. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. . 6. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -24- COMMISSIONERS November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3286 (Public Hearing) Item No.9 Request to permit the construction of the Newport UP3286 Transportation Center including 9 bus berths, canopy shelters, restrooms and 76 on -site parking spaces on 8887 property located in the P -C District. The proposal also . includes a modification to the Zoning Code so as to Approved permit the use of compact parking spaces for a portion of the proposed on -site parking spaces; and the acceptance of a previously certified environmental document. AND Resubdivision No. 887 (Public Hearing) Request to resubdivide an existing parcel of land into one parcel for public transportation purposes, one parcel of land for landscaping purposes, and a residual parcel not for development, on property located in the • P -C District. LOCATION: A portion of Block 93, Irvine's Subdivision, located at 1550 Avocado Avenue, on the southwesterly corner of MacArthur Boulevard and San Joaquin Hills Road, in Newport Center. ZONE: P -C APPLICANT: Orange County Transit District, Garden Grove OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Mr. Michael Mack, Managing Engineer for Orange County Transit District, appeared before the Planning Commission. Mr. Mack concurred with the findings and conditions in Exhibit "A ", with the exception of Condition No. 8 of Resubdivision No. 887, requesting bonding for offsite improvements. He recommended that said condition be combined with Condition No. 2 of Resubdivision No. 887, requiring that an agreement be provided for maintenance of the roadway entrance into the subject facility. Mr. Mack suggested that said agreement be prepared prior to the issuance of the building permit. Don Webb, City Engineer, concurred with Mr. Mack's recommendation. 25 COMMISSIONERS November 9, 1988 9Paoy(�'o% r $ ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX In response to questions posed by Commissioner Debay, Mr. Mack replied that public restrooms will be available to the public separate from the restrooms that will be provided for the bus drivers. Mr. Mack further replied that he was not certain if public pay telephones would be available. Commissioner Pers6n commended the design of the project. Chairman Pomeroy stated his approval of the facility. Mr. Webb referred to Condition No. 2 of Resubdivision No. 887, and he suggested that said condition be modified to state "That an agreement be provided to the City for maintenance of the roadway entrance into the OCTD facility 'and the future construction of MacArthur Boulevard'... In reference to Condition No. 8, he suggested that the following be deleted: "Bonding amounts are to be increased bi- annually to take into consideration cost of living index increases." There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3286 and Resubdivision No. 887 and related environmental document subject to the findings and conditions in Exhibit "A ", including modified Conditions No. 2 and No. 8 of Resubdivision No. 887, as previously stated, and to add Condition No. 17 to Use Permit No. 3286, requiring the installation of public pay telephones. Mr. Webb suggested that the Utilities Department may be interested in installing the public telephones. Motion was voted on to approve Use Permit No. 3286, All Ayes Resubdivision No. 887 and related environmental document subject to the findings and conditions in Exhibit "A", including modified Conditions No. 2 and No. 8 of Resubdivision No. 887, and Condition No..17 added to Use Permit No. 3286. MOTION CARRIED. A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared by OCTD in compliance with the Environmental Quality Act (CEQA) and the State CEQA Guidelines. -26- COMMISSIONERS y��9��9yy y November 9, 1988 GA 9 oy � ya yo i y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That all significant environmental concerns have been addressed in the previously certified environmental document and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with the proposed project and no further environmental review is required. B. Use Permit No. 3286: Findines• 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed project. However, inasmuch as the City Council is in the process of considering a universal parking size standard for commercial parking, it is appropriate that should said standard be adopted by the City Council prior to the issuance of Building Permits, the proposed parking design shall be revised so as to be consistent with said standard. 3. The Police Department has indicated that it does not contemplate any problems from the proposed operation. 4. 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. 5. The approval of Use Permit No. 3286 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. 27- COMMISSIONERS yyG 9� yy y q my� November 9, 1988 yy � °y f�yO�,yo CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Conditions: 1. That the proposed project shall be in substantial conformance with the approved site plan, elevations, and section except as noted below. 2. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 3. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self parking. Said parking spaces shall each be identified with a handicapped sign on a post. 4. That all mechanical equipment and trash areas shall be screened from the public streets and adjoining properties. 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code except that only one identification sign shall be permitted which shall not exceed 4 feet in height and 6 feet in width. 6. That all conditions of approval of Resubdivision No. 887 shall be fulfilled. 7. That should the City Council adopt the universal parking size standard prior to the issuance of Building Permits, the on -site parking design shall be revised so as to be consistent with said standard and all compact parking spaces shall be eliminated. 8. That the lighting system for the proposed project shall be designed in a manner so as to conceal the light source and minimize light and glare to the nearby residential properties on the easterly side of MacArthur Boulevard. The lighting 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. 9. That a detailed landscape plan shall be approved by the Planning, Public Works and Parks, Beaches and Recreation Departments. Said plan shall include -28- COMMISSIONERS \0\jAr" Q November 9 , 1988 Gy p�CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX plants that will screen the transit center from adjoining streets but will not interfere with sight distance from adjacent driveways. 10. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect and shall be subject to the approval of the Planning, Public Works and Parks, Beaches and Recreation Departments prior to exercising this use permit. A licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 11. That all landscape areas shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 12. That no busses shall be permitted to be stored on- site overnight. 13. That no maintenance of busses shall be permitted on -site at any time. 14. That the transportation center shall operate only between the hours of 5 :00 a.m. and 11:15 p.m. daily. The facility shall not be lighted when transit service is not available. 15. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 17. That public pay telephones shall be installed on- site. -29- COMMISSIONERS y�G yNpy9�9y9y9X November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX s Resubdivision No. 887 Findinas: 1. That the design of the subdivision and the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. 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. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal • Code and Section 66415 of the Subdivision Map Act. Conditions: 1. That a parcel map be recorded prior to issuance of building permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. That an agreement be provided to the City for maintenance of the roadway entrance into the OCTD facility and the future construction of MacArthur Boulevard. The wording shall be subject to the approval of the Public Works Department. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That a standard subdivision agreement and accompanying 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. • 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. -30- COMMISSIONERS y�G F 9o9y�yyyy November 9, 1988 99 yf oso CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 6. That the intersection of the private drives and Avocado Avenue be designed to provide sight distance for a speed of 40 miles per hour. Slopes, landscape, walls, the proposed monument sign, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 7. That all vehicular access rights to MacArthur Boulevard be released and relinquished to the City of Newport Beach. 8. That curb, gutter, sidewalk, street and street lights be constructed along the Avocado Avenue frontage adjacent to Parcels No. 1 and 2. That curb, gutter, full width sidewalk, street and street lights be constructed along the MacArthur Boulevard frontage adjacent to Parcels No. 1 and 2. The sidewalk shall have a clear width of 12 feet. All work on MacArthur Boulevard shall be completed under an encroachment permit issued by the California Department of Transportation. The improvements along MacArthur Boulevard may be postponed until such time as the continuation of the widening to San Miguel Drive is programed. 9. That street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer. 10. That the, hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 11. That additional variable width (21 feet to 34± feet) right -of -way be dedicated to the public for street and highway purposes along the Avocado • Avenue frontage as approved by the Public Works Department. -31- COMMISSIONERS y�G�„yoy9�y�v0 sy November 9, 1988 AOL � y �� os o CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 12. That County Sanitation District fees be paid prior to issuance of any building permits. 13. That the Public Works Department plan check and inspection fee be paid. 14. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110 -L. 15. That all conditions of Use Permit No. 3286 be fulfilled. 16. 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. Amendment No. 670 (Continued Public Hearing) Item No.10 • Request to amend Title 20 of the Newport Beach Municipal A670 Code, establishing regulations pertaining to Granny Units on residential lots in the City of Newport Beach. Approved INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item, and Ms. Jeanine Gault, 406 San Bernadino Avenue, appeared before the Planning Commission on behalf of the Newport Heights Community Association. Ms. Gault read from a prepared statement that said Association has concerns regarding construction of units over garages or additions to homes. She said that they support the clear definition of Granny Units, which will persuade self - intended usage of the Granny Unit, and at the same time, eliminate the abuses. She stated that they are most supportive of those conditions that will assist in the regulation and enforcement of the permitted uses. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Amendment No. 670, and to recommend to the City Council that the Ordinance be adopted. Commissioner Pers6n stated that he was • satisfied with the previous concerns that he had regarding verification of occupancy, and that the Granny Unit be defined in such a manner that it continues in -32 COMMISSIONERS yA A� ��F OtPO� �G9���o��(yQVQ�sy November 9, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX the way that it was intended. Commissioner Pers6n emphasized the need for senior housing facilities within the City, and he said that he would support the Amendment on that basis. Chairman Pomeroy referred to Section 20.78.025 g. of the proposed draft Ordinance wherein it states that "the primary residence shall be occupied by the legal owner of the property ", and he expressed an opinion that the Ordinance is too restrictive and should be modified to add "or a member of the immediate family." In reference to Section 20.78.030, Verification of Occupancy, Chairman Pomeroy suggested that the wording could be modified from "...a person or persons 60 years of age or older.." to state that one member to be over 60 years of age or older. Following discussion by the Planning Commission, the foregoing suggestions were withdrawn by Chairman Pomeroy inasmuch as the Planning Commission concluded that • "family" would be difficult to define so as to enable family members legal use of the Granny Unit, and the Planning Commission concluded that the intent of the regulations governing Granny Units states 60 years of age or older. Motion was voted on to approve Amendment No. 670 and to recommend its adoption by the City Council. MOTION All Ayes CARRIED. * t General Plan Amendment No. 88 -2 (Discussion) Item No.11 GPA 88_2 Request to consider amendments to the General Plan and LCP Land Use Plan as follows: Approved A. Request of Piero Serra to amend the Land Use Element of the General Plan for property in the McFadden Square area from residential to commercial in order to allow the expansion of the Portafino Hotel. The proposal will also require an amendment to the LCP Land Use Plan. B. Request of Toyota Motor Sales to amend the Land Use • Element of the General Plan for the Toyota facility located at 2800 Jamboree Road (Area 1 of the North Ford Planned Community). The proposal consists of -33- COMMISSIONERS O�, O� v fps November 9, 1988 G9 P oy y0 yG y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX increasing the total allowable development on -site by 24,150 square feet. C. Housing Element Update to comply with State Law. D. Public Safety Element Update to make consistent with recent changes in State Law. INITIATED BY: The City of Newport Beach Motion * Motion was made and voted on to recommend to the City Council that all of the requests for General Plan Amendments be initiated, and that staff be directed to set the amendments for public hearing before the All Ayes Planning Commission after preparation of any necessary environmental documents. MOTION CARRIED. DISCUSSION ITEM Request to consider reviewing Use Permit no. 3076 of the Item No.Dl Newport Landing Restaurant and Use Permit No. 3122 of the Edgewater Place complex, including the Parker's UP 3076 s Seafood Grill and the Edgewater Parking Structure. in UP3122 PH Central Balboa set for 1 -19 -89 INITIATED BY: The City of Newport Beach Commissioner Persdn stepped down from the dais because of a possible conflict of interest. Motion * * * * * Motion was made and voted on to set this matter for Absent * public hearing on January 19, 1989. MOTION CARRIED. ADDITIONAL BUSINESS: Add'l Busines§ Motion - Motion was made and voted on to cancel the Regular All Ayes Planning Commission meeting of December 22, 1988. 12_22_88 MOTION CARRIED. PCM cancelled Commissioner Winburn informed the Planning Commission that there will be a reception at the Balboa Bay Club on Olympic Monday, November 28, 1988, at 5:00 p.m. to honor local Reception athletes who participated in the Summer Olympics. ADJOURNMENT: 9:00 p.m. Adjournment • GARY DI SANG, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -34-