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HomeMy WebLinkAbout11/09/1989COMMISSIONERS 0 �O REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: November 9, 1989 CITY INDEX OF NEWPORT BEACH MINUTES ROLL CALL INDEX Present Absent * Commissioner Edwards was absent. x x x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x : x William R. Laycock, Current Planning Manager Rich Edmonston, City Traffic Engineer Dee Edwards, Secretary x i x Minutes of October 19. 1989: minutes of yr 10 -19 -89 *on s * * * * * Motion was made and voted on to approve the October 19, Abstain * 1989, Planning Commission Minutes. MOTION CARRIED. Absent s x x Public Comments: Public Comments No one appeared before the .Planning Commission to speak on non - agenda items. x x x Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, November 3, 1989, in front of City Hall. x • x Request Request for Continuances: for Continuanc • James Hewicker, Planning Director, stated that staff recommends that Item No. 4, Joe Sperrazza, applicant, Use Permit No. 3306 (Amended), property located at 501 - 30th Street, be continued to the December 7, 1989, Planning Commission meeting COMMISSIONERS ,a November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX inasmuch as the applicant did not submit requested documents in time to prepare the staff report; that the applicant, Russell Fluter, has requested that Item No. 6, Use Permit No. 3365 and Site Plan Review No. 53, property located at 2804 Lafayette Avenue, be continued to the December 7, 1989, Planning Commission meeting to allow additional time to redesign the project; that the applicant, Martin Van Wol£swinkel, has requested that Item No. 9, Variance No. 1159, property located at 305 Fernando Street, be withdrawn inasmuch as staff determined that a variance would not be required; that the applicant, Intermountain Enterprises, has requested that Item No. 10, Variance No. 1160 and Resubdivision No. 906, property located at 400 and 402 Iris Avenue, be continued to the December 7, 1989, Planning Commission meeting so as to resolve problems with respect to grading and parking on the site; and staff has requested that Discussion Item No. 1, Amendment No. 694, be continued to the December 7, 1989, Planning Commission meeting. on Ont * * * * * * Motion was made and voted on to continue the foregoing items be continued to the December 7, 1989, Planning Commission * * meeting. MOTION CARRIED. Resubdivision No. 904 (Public Hearing) Item No.1 Request to resubdivide an existing lot into a single parcel of land R904 for two unit residential condominium development on property located in the R -2 District. Approved LOCATION: Lot 4, Block 42, Third Addition to Newport Beach, located at 4207 Seashore Drive, on the southwesterly side of Seashore Drive, between 42nd Street and 43rd Street, in West Newport. ZONE:. R -2 APPLICANT: Frederick W. Schonlau, Newport Beach OWNER: Same as applicant • ENGINEER: Alpine Consultants, Inc., Laguna Hills -2- COMMISSIONERS November 9, 198MINUTES `d d .0 'S',� • CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Person stepped down from the dais because of a possible conflict of interest. William Laycock, Current Planning Manager, requested that Condition No. 7, "That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code ", be deleted inasmuch as it was determined by staff that there are two units existing on the subject property. The public hearing was opened in connection with this item, and Mr. Todd Schooler, appeared before the "Planning Commission on behalf of the applicant. Mr. Schooler concurred with the findings and conditions in Exhibit "A", as amended. James Hewicker, Planning Director, and Mr. Schooler discussed the occupancy of the existing structure. There being no others desiring to appear and be heard, the public hearing was closed at this time. on * Motion was made and voted on to approve Resubdivision No. 904, to the findings and conditions in Exhibit "A ", es * subject Absent * including the deletion of the foregoing Condition No. 7. MOTION CARRIED. FINDINGS: 1. That the design of the subdivision 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. -3- COMMISSIONERS 0��� November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX CONDITIONS: 1. That a parcel map be recorded prior to occupancy and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That the property corners be installed and clearly marked to the satisfaction of the Public Works and Building Departments prior to building permits being finalized; and • that these corners be clearly visible to the owner and prospective buyers. b. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 7. Deleted. 8. That all improvements located beyond the ocean front property line be removed prior to the issuance of any building or grading permits. 9. 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. • -4- COMMISSIONERS November 9, 1989 . MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Resubdivision No. 905 (Public Hearing) Item No.2 Request to resubdivide an existing lot into a single parcel of land 8905 for two family residential condominium development on property located in the R -2-B District. Approved LOCATION: Lot 30, Tract No. 1237, located at 421 Seaward Road, on the northwesterly corner of Seaward Road and Serra Drive, in Corona Highlands. ZONE: R -2 -B APPLICANT: Michael Crall and Associates, Inc., Corona del Mar OWNER: CKM Corona del Mar I, Balboa Island ENGINEER: Alpine Consultants, Laguna Hills The public hearing was opened in connection with this item, and Mr. Kent Hawkins, applicant, appeared before the Planning Commission. Mr. Hawkins 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. Motion * Motion was made and voted on to approve Resubdivision No. Ayes * * * 905, subject to the findings and conditions in Exhibit "A ". Absent k MOTION CARRIED. FINDINGS: 1. That the design of the subdivision 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. -5- COMMISSIONERS November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 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. 5. That sidewalk constructed along the Seaward Road and Serra Drive frontages and the construction of a ramp for the handicapped will improve pedestrian safety within the neighborhood. CONDITIONS: 1. That a parcel map be recorded prior to occupancy and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by • Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to completion of the public improvements. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 7. That curb and gutter be reconstructed along the Seaward Road and Serra Drive frontages. The rolled curb shall be replaced with standard 6 inch curb and gutter unless otherwise approved by the Public Works Department; that • a curb access ramp be constructed at the corner of Seaward Road and Serra Drive and that a sidewalk be -6- COMMISSIONERS November 9, 1989 MINUTES � a CITY OF NEWPORT BEACH ROLL CALL INDEX constructed along the Seaward Road and Serra Drive frontages; and that all work shall be completed under an encroachment permit issued by the Public Works Department. 8. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 9. That the Public Works Department plan check and inspection fee be paid. 10. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 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. Resubdivision No. 907 (Public Hearing) Item No.3 8907 Request to resubdivide an existing lot into a single parcel of land for two unit residential condominium development on property located in the R -2 District. Approved LOCATION: Lot 12, Block 335, Corona del Mar, located at 410 Heliotrope Avenue, on the southeasterly side of Heliotrope Avenue, between First Avenue and Bayside Drive, in Corona del Mar. ZONE: R -2 APPLICANT: Richard Ybanez, Anaheim Hills OWNER: Same as applicant ENGINEER: Developers' Engineers, Orange • The public hearing was opened in connection with this item, and inasmuch as no one appeared before the Planning Commission -7- COMMISSIONERS 0 0 November 9, 1989 MINUTES. CITY OF NEWPORT BEACH ROLL CALL INDEX with regard to this item, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Resubdivision No. Ayes * * * k k 907, subject to the findings and conditions in Exhibit "A ". Absent * MOTION CARRIED. FINDINGS: 1. That the design of the subdivision 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 occupancy and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to • issuance of any building permits. -8- COMMISSIONERS A o \W\\ • c� November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 5. That all vehicular access to the property be from the adjacent alley. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to completion of the public improvements. 7. That the tree damaged and displaced sidewalk along Heliotrope Avenue frontage be reconstructed and that the existing tree be root pruned or replanted as approved by the Parks Beaches and Recreation Department. All work shall be completed under an encroachment permit issued by the Public Works Department. 8. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. . 9. 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. 3306 (Amended )(Continued Public Hearing) Item No.4 Request to review a previously approved use permit which UP3306A permitted a change in the operational characteristics of an existing nonconforming restaurant facility located in the "Retail Cont' d to and Service Commercial" area of the Cannery/Village McFadden I2-7 -89 Square Specific Plan Area so as to change the permitted live entertainment to include jazz combos with amplified music, vocals and percussion instruments, including drums. Said approval also included a modification to the Zoning Code so as to permit the use of tandem and compact parking spaces in conjunction with a full time valet parking service. The proposed amendment involves: a request to revise the on -site parking design so as to delete all tandem parking spaces and thereby reduce the overall number of existing parking spaces by two; the deletion of the • valet parking service; and a modification to the Zoning Code so -9- COMMISSIONERS November 9, 1989 MINUTES. CITY OF NEWPORT BEACH ROLL CALL INDEX as to allow four smaller than standard employee parking spaces and the construction of a trash enclosure, all of which encroach into the required 10 foot rear yard setback adjacent to an alley. LOCATION: Parcel 1 of Parcel Map 129 -7 -8 (Resubdivision No. 600), located at 501 30th Street, on the northeasterly corner of 30th Street and Villa Way, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Joe Sperrazza, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, requested that this item be continued to the December 7, 1989, Planning Commission meeting inasmuch as the applicant did not distribute parking plans in time for staff to prepare the staff report. on * * * * * * * Motion was made and voted on to continue the subject item to the December 7, 1989, Planning Commission meeting. MOTION es Absent * CARRIED. x x x Use Permit No. 3362 (Continued Public Hearing) Item No.5 Request to permit the installation of a temporary modular office UP3362 building within an existing parking area on property located in the C -1 District. Approved LOCATION: Parcel 1 of Parcel Map 66 -20 (Resubdivision No. 438), located at 401 North Newport Boulevard, on the northwesterly comer of North Newport Boulevard and Hospital Road, in the Old Newport Boulevard Specific Plan Area. ZONE: C -1 APPLICANT: Newport Harbor - Costa Mesa Board of • Realtors, Newport Beach OWNER: Same as applicant -10- COMMISSIONERS ` d O� c� �o� 1 �� November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Debay stepped down from the dais because of a possible conflict of interest. William Laycock, Current Planning Manager, addressed staffs recommended revisions to Exhibit W as stated in the staff report: revised Condition No. 5 with respect to screening the view of the proposed temporary building with landscaping; and added Condition No. 8 with respect to the utilization of parking spaces at the La Biarritz Restaurant. Mr. Laycock requested that Condition No. 8 be revised to state "That the applicant shall maintain the ability to utilize the parking spaces 'between 8:00 a.m. and 11:00 a.m. daily' at the La Biarritz Restaurant.. ". The public hearing was opened in connection with this item, and Mrs. Betty Grubb Rhea, past President of the Board of Realtors; appeared before the Planning Commission. Mrs. Rhea advised the Commission that there is an urgent demand for a larger facility based on the participation, responsibilities, and activities • of the Board of Realtors so as to meet the needs of their members. Commissioner Di Sano asked Mrs. Rhea if the Board of Realtors would continue to search for a larger facility if the Commission approved the subject application. Mrs. Rhea replied positively, and she explained that the Board of Realtors started to investigate other sites three years ago. In response to a question posed by Commissioner Glover, Mrs. Rhea explained that the Board of Realtors has requested that the modular building be granted for two years instead of the original request of three years. Mrs. Jane McGiffin, property owner of 340 North Newport Boulevard, appeared before the Planning Commission. Mrs. McGiffin asked if the modular building would provide two separate restrooms. Chairman Pomeroy replied to the negative. James Hewicker, Planning Director, suggested that Mrs. McGiffin contact the Building Department with regard to her concerns pertaining to restrooms. Mrs. McGiffin advised that available rental office space in the adjacent area could provide additional office space, and she stated that the modular building would not • enhance the surrounding commercial area. -11- COMMISSIONERS ` 1\ ah OV-\ :k\ CITY OF NEWPORT November 9, 1989 MINUTES BEACH ROLL CALL INDEX Bill Edwards, architect for the applicant, appeared before the Planning Commission. Mr. Edwards stated that to improve the aesthetics of the site, six mature trees in 36 inch planter boxes will be installed, and the exterior of the structure would be compatible with the existing structure. Mrs. Betty Jo Bailey appeared before the Planning Commission on behalf of the applicant. Mrs. Bailey explained that the Board of Realtors did not accept an offer to rent office space in an adjacent office building on the basis that the services that the Board provides would be more convenient and efficient to the members if the offices would be located on the same site. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sano stated that his concerns would be that the temporary structure would be out of keeping with the style and quality of commercial development within the area as stated in Finding No. 1, Exhibit 'B ", and there is the possibility that the applicant could request an extension beyond two years inasmuch as the the purpose is not project oriented. The public hearing was reopened at this time. In response to a question posed by Commissioner Merrill, Mr. Edwards explained that the proposed parking plan is the most convenient for the membership. Following a discussion with Mr. Edwards, Commissioner Merrill concluded that inasmuch as no water, sewer, or gas would be provided in the temporary structure, that only an electrical line would be required. Mr. Hewicker explained that after considering other possible locations on the site for the installation of the modular unit, staff recommends the location requested by the applicant. Chairman Pomeroy suggested that the temporary modular building be lowered by removing the axles, wheels and hubs. He addressed the impact that a temporary building has on an area, and that the Board did not take aggressive action to locate another facility during the past two years. Commissioner Glover addressed her concerns with regard to the Board taking so long to locate another facility, and she commented that if the Board were allowed an additional two • years to locate to another site, there may not be a sense of emergency. -12- COMMISSIONERS Not\ 0 "d d November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLE CALL INDEX Mr. Tex Griffith, President of the Newport Harbor - Costa Mesa Board of Realtors, appeared before the Planning Commission. Mr. Griffith explained that the Board has discussed locations with The Irvine Company during the past year, and there is a strong possibility that within the next few months, a specific site will materialize. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to Commissioner Di Sands concern regarding an extension after the subject use permit expires, Robin Flory, Assistant City Attorney, and Mr. Hewicker explained that the applicant has the right to reapply for a use permit; however, a condition could be added that would state that the use permit be terminated in two years and if the applicants requested an extension, the Board would be required to reapply for a new use permit. on Motion was made and voted on to approve Use Permit No. 3362, subject to the findings and conditions in Exhibit 'W', including the following revisions and additions: revise Conditions No. 5 and No. 8, revise Finding No. 3 to state that the structure will be permitted on the property for 18 months, add Condition No. 9 that would require the removal of the axle, wheels, and hubs from the modular building so as to reduce the height of the structure at least one foot, and revise Condition No. 2 stating Ayes * * k k that the use permit would terminate automatically, requiring a Absent * reapplication of a use permit on the basis that the Board is No actively pursuing another location. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have a significant environmental impact. 3. That the proposed structure is temporary and will be located on the property for only 18 months. 4. That adequate off - street parking and related vehicular circulation are being provided in conjunction with the -13- COMMISSIONERS November 9, 1989 MINUTES 0 BOAS' \CITY OF NEWPORT BEACH ROLL CALL INDEX proposed development. 5. That the Police Department has indicated that it has no objections with the proposed development. 6. That the approval of Use Permit No. 3362 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 development shall be in substantial conformance with the approved plot plan and elevations, except as noted below. • 2. That the use permit shall automatically expire at the end of 18 months, requiring a reapplication of a use permit on the basis that the Realty Board is actively pursuing another location. 3. That the required number of handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped parking space. 4. That at any such time as the applicant's use of the temporary office trailer ceases or the use permit expires, whichever happens first, the trailer shall be removed from the site, and the property shall be restored to its original condition. 5. That the applicant shall install additional landscaping on the subject property for the purpose of screening the view of the proposed temporary building from Newport Boulevard and Hospital Road. Said landscaping shall be in accordance with the submitted landscaping plan approved by the Planning Commission at its meeting of November 9, 1989. -14- COMMISSIONERS November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 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. 7. That the Planning Commission may add to or modify conditions of approval to this use permit or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. That the applicant shall maintain the ability to utilize the parking spaces between 8:00 a.m. and 11:00 am. daily at the La Biarritz Restaurant, located at 414 North Newport Boulevard. Said arrangement shall be on an informal basis and shall be maintained for as long as the proposed temporary building is located on the subject property. 9. That the axle, wheels, and hubs shall be removed from the modular building so as to reduce the height of the . structure at least one foot. A. Use Permit No. 3365 (Continued Public Hearing) Item No.6 Request to approve a mixed use commercial /residential structure UP3365 which exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District; to allow commercial development on SPR 53 the site which maintains a Floor Area Ratio which is less than 0.25; and to allow a general office use which must be in Cont' d to conjunction with an Incentive Use occupying at least 40% of the 1-2-7 -89 site. The proposal also includes a modification to the Zoning Code so as to allow the use of a tandem parking space for a portion of the required commercial parking spaces; and the acceptance of an environmental document. AND B. Site Plan Review No. 53 (Continued Discussion) Request to permit the construction of a mixed use residential /commercial development containing general office use on the ground floor and one dwelling unit on the second and -15- COMMISSIONERS � 1 k\An November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX third floors, on property located in the "Recreational and Marine Commercial" area of the Cannery Village /McFadden Square Specific Plan Area. LOCATION: Lot 3, Block 425, Lancaster's Addition, located at 2804 Lafayette Avenue, on the southeasterly side of Lafayette Avenue, between 28th Street and 29th Street, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Russell Fluter, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the December 7, 1989, • Planning Commission meeting so as to allow additional time to redesign the project. Motion * Motion was made and voted on to continue this item to the Ayes * * * * * * December 7, 1989, Planning Commission meeting. MOTION Absent * CARRIED. • s s Use Permit No. 3366 (Public Hearing) Item No. 7 Request to permit the establishment of a commercial dry UP3366 cleaning facility on property located in the C -N -H District Approved LOCATION: Lots 5, 6 and a portion of Lot 7, Tract No. 4225, located at 1801 Westcliff Drive, on the southwesterly side of Westcliff Drive, between Dover Drive and Irvine Avenue, southeasterly of the Westcliff Shopping Center. ZONE: C -N -H APPLICANT: Ezra Schley, Huntington Beach • OWNER: Westcliff Center Associates I, Newport Beach -16- COMMISSIONERS November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Ezra Schley, applicant, appeared before the Planning Commission. Mr. Schley 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. Motion * Motion was made and voted on to approve Use Permit No. 3366, Ayes * * * * * subject to the findings and conditions in Exhibit "A". MOTION Absent * CARRIED. Findings: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses. 2. That the approval of Use Permit No. 3366 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 any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. 3. That the use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. 4. There shall be no outside storage of materials, supplies or other paraphernalia likely to be objectionable to the adjacent property owners or residents. 5. That any roof top or other mechanical equipment shall be screened from view and shall be sound attenuated to be • no greater than existing sound levels at the property lines. -17- COMMISSIONERS November 9, 198IIINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 6. That prior to the on -site cleaning and laundering, a licensed engineer practicing in acoustics, retained by the City at the applicant's expense shall demonstrate to the satisfaction of the Planning Director that the noise impact of the project does not exceed existing sound levels at the property lines. 7. That any outdoor trash containers shall be screened from adjoining properties. 8. That the proposed dry cleaning operation shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. 9. That the dry cleaning facility shall not be open for business prior to 7:00 a.m. or after 7:00 p.m. daily. 10. That all employees shall park on site. 11. That the parking lot layout shall be prepared and the striping shall be marked with approved traffic markers or painted white lines not less than 4 inches wide and shall be approved by the City Traffic Engineer. 12. 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. 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. -18- COMMISSIONERS rO O�\ November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3076 (Continued Public Hearing) Item No..8 Request to review a previously approved use permit which UP3076 permitted the establishment of the Newport Landing Restaurant with on -sale alcoholic beverages and live entertainment on UP3122A property located in the C -1 District Approved LOCATION: Parcel 1 of Parcel Map 296 -38 (Resubdivision No. 765), located at 503 Edgewater Place, on the southeasterly corner of Edgewater Place and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Landing Associates, Irvine OWNER: Same as applicant . AND B. Use Permit No. 3122 (Amended)(Continued Public Hearing) Request to review a previously approved use permit which permitted the construction of the Edgewater Place complex, including the Parker's Seafood Grill with on -sale alcoholic beverages and live entertainment, and the Edgewater Place parking structure on property located in the C -1 District. LOCATION: Lots 1 -3, 7 -12, an unnumbered lot, all in Block 3 of the Balboa Bayside Tract; Lots 22 and 23, Block A of the Bayside Tract, located at 309 Palm Street on the northerly side of East Bay Avenue between Palm Street and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: BA Mortgage and International Realty Corporation, San Francisco OWNER: Same as applicant Commissioner Person stepped down from the dais because of a • possible conflict of interest inasmuch as Commissioner Pers6n represents one of the tenants located at the subject site. -19- November 9, 1989 COMMISSIONERS MINUTES ■& \ \ \ \ \ \ \\ CITY OF NEWPORT BEACH ROM CALL 111 1111 1 FINDEX James Hewicker, Planning Director, addressed the concerns that the Planning Commission previously expressed regarding the fee that the operators of the parking structure were charging customers to park their automobiles. He explained that Parker's Seafood Restaurant validates 100 percent of the parking fee and Newport Landing Restaurant validates 75 percent of the parking fee. In response to a question posed by Commissioner Glover with respect to previous concerns regarding noise, Mr. Hewicker explained that conditions are included in the use permits that control the amount of noise which can be emanated from the buildings at the property lines. Mr. Hewicker stated that following a complaint made by a Balboa Island resident who has reported noise from the Parker's Seafood Grill Restaurant, Greg Armstrong, the Police Department's Environmental Affairs Officer, investigated the complaint. He stated that Mr. Armstrong submitted a memo to the. Planning Department, and staff forwarded the memo to the applicants. Mr. Hewicker stated that the required barricades and landscaping at the corner of the parking structure to prevent automobiles from backing across the sidewalk are currently installed on the site. Mr. David Eales, representing BA Mortgage and Edgewater Place, and Doug Salisbury, representing Salisbury Enterprises and Landing Associates, appeared before the Planning Commission. In response to a question posed by Commissioner Glover regarding noise, Mr. Eales stated that the restaurant has complied with the conditions regarding the doors and windows being closed when live entertainment is in progress, and the only complaint received was from the Balboa Island resident. Ms. Diane Koury, Regional Manager for Stouffer's Restaurant, appeared before the Planning Commission. Ms. Koury stated that she was aware that a resident had made a complaint to the manager on a Sunday afternoon but she did not have specific details regarding the complaint, and she was not informed that the resident had made a noise complaint to the Police Department. Ms. Koury advised that since March, the speakers • I I I I I I I I have been removed from the outside patio; that all of the doors are closed from 9:00 p.m. to 2:00 a.m.; 50 percent of the doors are open on the second floor on Sunday afternoons so as to -20- November 9, 1989 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROL CALL lNOEX serve patio customers; and the applicant has complied with the conditions that were approved at the Planning Commission meeting on March 9, 1989. Mr. Hewicker referred to Condition No. 65 of Use Permit No. 3122, approved by the Planning Commission on May 9, 1985, which states "That all music and live entertainment shall be confined to the interior of the building and all windows and doors of the restaurant and lounge shall remain closed during such activities:'. Mr. HeMcker addressed the activity that occurs by the employees to meet the demands of the customers on the outside patio; however, he explained that it was the intent of the staff and the Planning Commission when the condition was approved that during the hours of entertainment, the doors and windows are to remain closed so the sound does not leave the building. Chairman Pomeroy concurred, and he explained that the previous noise complaints had been received during the evening hours but the condition is clear that no matter when there is live entertainment, the doors and windows are required • to be closed. Commissioner Di Sano addressed comments that have been made by the City Attorney's Office that a Noise Ordinance is being proposed similar to the Noise Ordinance instituted by the County of Orange. Mr. Hewicker explained that the City does not have noise standards that are imposed by an Ordinance. He stated that when a sound engineer was contacted and made specific recommendations to the Planning Commission explaining monitors that would govern the noise, the Planning Commission did not impose conditions inasmuch as the sound monitors were very expensive. Mr. Hewicker concurred that a Noise Ordinance would address all of the restaurants in the City. In response to a question posed by Commissioner Debay regarding the trash storage, and staff's suggestion to revise Condition No. 37, Use Permit No. 3122, Mr. Eales explained that Parker's Seafood Grill Restaurant will be certain that no odor emits from the storage room or keys will be given to the tenants so the door will be closed. Commissioner Di Sano addressed the current location of the handicapped parking spaces. Mr. Eales explained that one handicapped parking space is currently directly behind the 0 11111111 Newport Landing Restaurant and two handicapped parking spaces are located in the abandoned alley adjacent to the parking -21- November 9, 1989 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH CALL I INDEX structure. Mr. Eales stated that the four required handicapped parking spaces behind the Newport Landing Restaurant would not be a problem as far as Edgewater Place is concerned. Mr. Salisbury of Newport Landing Restaurant made the following comments regarding the handicapped parking spaces. He said that the temporary handicapped parking plan for three handicapped parking spaces that was implemented in June, 1989, has been successful with the exception of delivery trucks hitting the landscape barricade, and he recommended that a permanent masonry planter be installed if the temporary parking plan is implemented. Mr. Salisbury explained that the primary restrictions of four handicapped parking spaces behind Newport Landing Restaurant are the delivery trucks that block the alley; there are four fuel storage tanks located directly beneath the area that is recommended for the parking spaces; and the property owner, Landing Associates, would have the liability of handicapped parking spaces located on a cement slab constructed 20 years ago. He stated that Landing Associates would be responsible for the taxes, insurance, maintenance costs, and would pay a significant amount of annual ground rental to the fee owners of the property. He said that the total parcel of land including the sidewalk area and the dedicated easement in front . of the Newport Landing Restaurant comprises of about 2,500 square feet. Mr. Salisbury explained that the approval of the Newport Landing Restaurant was based on off -site parking requirements, amd 5 compact parking spaces located on the subject site. He further explained that the requirement for handicapped parking spaces is a condition on Edgewater Place (Use Permit No. 3122, Condition No. 51), which states that the City Traffic Engineer is required to approve the handicapped parking spaces and shall be behind the Newport Landing Restaurant. Mr. Salisbury suggested that Use Permit No. 3076 and Use Permit No. 3122 be separate agenda items in the future inasmuch as each applicant has a different interest in the property, and each applicant would have an opportunity to speak individually about the issues. I I I I I I I Mr. Salisbury stated that the requirement for handicapped parking is not included in Use Permit No. 3076 (Newport • Landing); there has not been an agreement between the property owners of Edgewater Place and Newport Landing Marina to allow the use of the area to meet the handicapped parking -22- COMMISSIONERS 0 1 dh 0 November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX requirement of Edgewater Place's use permit; the property was leased to Waterfront Enterprises which is the restaurant tenant that operates Newport Landing Restaurant; neither the City nor Edgewater Place has the right to take private property for the use of another project and to require that landowner to bear the expense of renting the land at a substantial cost. Mr. Salisbury suggested that the two handicapped parking stalls located parallel to the parking structure remain and if there is a requirement for more handicapped parking spaces, said spaces be installed in the parking structure which would require the installation of a handicapped lift from the entry level down to grade or a ramp that would have an appropriate decline for a wheelchair. In response to a question posed by Commissioner Glover, Mr. Salisbury explained that he represents Landing Associates, the parry that has the leasehold interest in the Newport Landing Marina parcel. Mr. Salisbury explained that Newport Landing • Restaurant is a corporation that is owned and operated under Waterfront Enterprises, Inc., and is a tenant of Landing Associates. In response to questions posed by Commissioner Glover, Mr. Salisbury explained that if Newport Landing Restaurant were evaluated independently, only two handicapped parking spaces would be required based on the square footage of the restaurant. Mr. Salisbury explained that all of the Newport Landing Restaurant parking is contained in the parking structure; however, the original Use Permit No. 3076 required five compact parking spaces at the rear of Newport Landing Restaurant that were later converted into five handicapped parking spaces after Use Permit No. 3122 (Edgewater Place) was approved. Mr. Salisbury stated that Newport Landing Restaurant does not have the required two handicapped parking spaces on -site. Mr. Hewicker reviewed the original projects as they were submitted by Mark Howard, the original applicant and owner. Mr. Hewicker explained that the conditions on the two projects are associated and have been identified by the City as companion projects. William Laycock, Current Planning Manager, referred to the staff report of May 9, 1985, when the original Use Permit No. 3122 (Edgewater Place) was presented to the Planning Commission. -23- • November 9, 1989 COMMISSIONERS MINUTES \ \ \ \ \ \ \\ CITY OF NEWPORT BEACH CALL INQEX He explained that when Use Permit No. 3076 for the Newport Landing Restaurant was approved, one of the requirements was to come back to the Planning Commission for review at the same time as Edgewater Place was to come before the Planning Commission. He explained that at that time, Use Permit No. 3122 and Use Permit No. 3076 were approved again on May 9, 1985. He indicated that there were conditions that were imposed on both of the use permits inasmuch as all of the parking spaces for Edgewater Place and the Newport Landing Restaurant, excluding the five handicapped parking spaces, were in the parking structure and the staff report reflects the five handicapped parking spaces located on the Newport Landing Restaurant site. Mr. Laycock stated that the approved plot plan of Use Permit No. 3122 and Use Permit No. 3076 in 1985 that is on display, depicts five handicapped parking spaces behind Newport Landing Restaurant. He stated that Mr. Howard, the former owner of the Newport Landing property, approved where the five handicapped parking spaces would be located. Mr. Laycock advised that the Building Department has subsequently waived one handicapped parking space; therefore, four handicapped parking spaces are required and staff suggests that the four handicapped parking spaces be located behind the Newport Landing Restaurant. Mr. Salisbury objected to the legal ramifications based on the advise of their legal counsel. He explained that Newport Landing accommodated the temporary handicapped parking plan, painted the parking stalls, installed signs, maintained the landscape barriers, and that Newport Landing has made an effort to reach an agreement that could work for both projects. In response to a question posed by Chairman Pomeroy regarding the approved parking plan, Mr. Salisbury explained that the parking plan was approved prior to when he became involved with Newport Landing in December, 1988. In response to a question posed by Commissioner Merrill regarding the two handicapped parking spaces that are required for Newport Landing Restaurant, Mr. Salisbury explained that said parking spaces could be installed in the parking structure inasmuch as 18 additional parking spaces will be available. Mr. Salisbury suggested that said two parking spaces could also be located outside of the parking structure at grade level as existing, and that two handicapped parking spaces could be implemented at the entry level of the parking structure, which would require -24- COMMISSIONERS o� in � m CITY OF NEWPORT November 9, 198MINUTES BEACH ROLL CALL Ll I I INDEX the removal of six parking spaces. In response to a question posed by Commissioner Merrill, Rich Edmonton, City Traffic Engineer, explained that the concern to allow handicapped parking parallel to the parking structure is that automobiles would back out on to Adams Street, and the area directly behind the Newport Landing Restaurant allows automobiles to back out of a parking space without entering the street. In response to a question posed by Commissioner Debay regarding requiring the four handicapped "parking spaces in the parking structure, Mr. Edmonton stated that staff would not object to said parking spaces as long as the spaces would be independently accessible, and he described the number of parking spaces that would have to be removed if handicapped parking were provided in the parking structure. In response to a question posed by Chairman Pomeroy, Mr. Edmonton explained that four handicapped parking spaces would fit behind the Newport Landing Restaurant. Commissioner Merrill and Mr. Salisbury discussed regulations that could be imposed on delivery trucks so as to provide access to the handicapped parking spaces behind the Newport Landing Restaurant facility. In response to a question posed by Commissioner Debay regarding what the State Law states in respect to valet parking for the handicapped, Mr. Edmonton explained that the State Department of Rehabilitation would accept valet parking in the parking structure as long as there would be accessible handicapped parking for the site; however, all of the handicapped parking would not be allowed to be valet parked. In response to a question posed by Commissioner Merrill, Mr. Edmonston explained that the Department of Rehabilitation advised that inasmuch as there are handicapped person that have special equipment on their vehicles, valets would be prohibited from parking said vehicles. In response to a question posed by Commissioner Di Sano, Mr. Hewicker discussed the 18 parking spaces that have been reserved in the parking structure pending the outcome for the left turn lane from East Balboa Boulevard, and the removal of -25- COMMISSIONERS November 9, 1989 MINUTES 0 0 �O CITY OF NEWPORT BEACH ROLL CALL INDEX some of the mechanical lifts so as to increase the accessibility to the elevators. Mr. Hewicker and Ms. Flory addressed the approved findings and conditions that the City can legally impose to conform to the Zoning Code and the general welfare of the City, and she concurred with Chairman Pomeroy, that said findings and conditions take precedence over subsequent agreements between parties. In response to a question posed by Commissioner Glover, Ms. Flory explained that it is appropriate to consider the combined use permits based on the two projects' parking requirements. In response to a question posed by Commissioner Debay regarding the feasibility of an agreement that could be reached between the applicants regarding shared liability of the handicapped parking spaces, Mr. Salisbury explained that if the projects would be accessed independently, Newport Landing Restaurant would be required to provide two handicapped . parking spaces, and the number of parking spaces for Edgewater Place would be greater. Mr. Salisbury explained why the Newport Landing Restaurant objects to the handicapped parking spaces located behind Newport Landing Restaurant as previously stated. Mr. Hewicker addressed the circulation of automobiles parked behind the Newport Landing Restaurant which are not able to back out if automobiles are parked in the handicapped stalls adjacent to the parking structure. 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. 3076, subject to the findings and conditions previously imposed including the handicapped parking as presented on the approved plot plan with the handicapped parking spaces located directly to the rear of the Newport Landing Restaurant, and to approve Use Permit No. 3122, amending Condition No. 37 with respect to an enclosed trash storage room as suggested by staff. Mr. Hewicker and Mr. Laycock explained that a condition is not required regarding the operation of the parking structure as stated in the staff report. • Mr. Laycock stated that the Public Works Department recommended that the 18 parking spaces on the street not be 26 COMMISSIONERS Iiiin �� N November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX removed, and, as referred to in Condition No. 49, Use Permit No. 3122, dated May 9, 1985, the bond shall be returned to the applicant inasmuch as the decision for a left turn lane at Adams Street and East Balboa Boulevard has been eliminated. Mr. Hewicker suggested that a finding be added suggesting that a left turn lane is not required. Commissioner Di Sano added Finding No. 14 stating that "Upon further review by the Public Works Department, Condition No. 49 of Use Permit No. 3122 does not need to be implemented; therefore, the bond to cover the costs of providing a left turn lane on East Balboa Boulevard can be returned to the applicant" In response to a question posed by Commissioner Glover regarding the removal of parking lifts from in front of the elevators on the ground floor and the installation of a manual override on the elevator doors as stated in the staff report, Mr. Hewicker explained that because of the removal of the requirement for a left turn parking lane on East Balboa Boulevard, there would be a surplus of 18 parking spaces in the parking structure, so the applicant is free to remove some of the lifts in order to increase the accessibility to the parking structure. Commissioner Merrill referred to Condition No. 51 of Use Permit No. 3122, approved on May 9, 1985, regarding handicapped parking, and he asked if that condition is what is currently proposed inasmuch as the handicapped parking plan shall be provided in a manner and quantity approved by the City Traffic Engineer. Mr. Hewicker stated that Use Permit No. 3122, Edgewater Place, Condition No. 51, was replaced by Use Permit No. 3076, Newport Landing, Condition No. 37 (Revised) approved on March 9, 1989, as follows: "That the required number of handicapped parking spaces shall be provided within the designated parking area and shall be used solely for handicapped self parking and shall be identified with one handicapped sign on a post for each handicapped space. Said handicapped parking shall also be identified for the benefit of both the Newport Landing Restaurant and the Edgewater Place Development and said identification shall be subject to the approval of the City Traffic Engineer." In response to a question posed by Commissioner Debay regarding available parking on the street adjacent to the Newport Landing Restaurant, Mr. Edmonton replied that the west side • of Adams Street is red curbed, and adjacent to the Newport Landing Restaurant, there is a yellow loading zone allowing -27- COMMISSIONERS 4M \O�\ 0 A k November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX commercial vehicles between 7:00 a.m. and 6:00 p.m. and available to the general public after 6:00 p.m. Commissioner Debay asked if two handicapped parking spaces could be made available where the yellow curb exists. Mr. Edmonton stated that the parking spaces were previously discussed with the applicant; however, he said that staff would prefer that the handicapped parking spaces remain on site. Commissioner Debay expressed her concerns regarding the safety of the handicapped parking spaces located behind the Newport Landing Restaurant, and she suggested that the two handicapped parking spaces be considered on the street. Chairman Pomeroy addressed the issue as difficult, and he said that if the applicants have another solution to the location of the handicapped parking spaces, that it would be appropriate to request a modification to the use permits at a later date. Motion was voted on to approve Use Permit No. 3076, and Use Ayes * Permit No. 3122 (Amended) including the addition of Finding Absent No. 14 and revised Condition. No. 37 as follows. MOTION CARRIED. USE PERMIT NO. 3122 (AMENDED) FINDING: No. 14. Upon further review by the Public Works Department, Condition No. 49 does not need to be implemented; therefore, the bond to cover the costs of providing a left turn lane on East Balboa Boulevard can be returned to the applicant. CONDITION: No. 37. 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 accessible to the project tenants and management only and shall be periodically cleaned so as to control odors. -28- COMMISSIONERS .o dd o �.N ah ON 0 \ November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX Variance No. 1159 (Public Hearing) Item No.9 Request to permit the construction of a single family dwelling y1159 which exceeds 3 times the buildable area of the site on property located in the R -3 District. The proposal also includes a withdrawn modification to the Zoning Code so as to allow the proposed structure to encroach 15 feet into the required 20 foot front yard setback, and 3 feet into the required 10 foot rear yard setback. LOCATION: Portions of Lots 80 and 81, Block C, Newport Bay, located at 305 Fernando Street, on the westerly side of Fernando Street, between East Bay Avenue and East Edgewater Avenue on the Balboa Peninsula. ZONE: R -3 APPLICANT: Martin Van Wolfswinkel, Newport Beach OWNER: William Stewart, Tiburon James Hewicker, Planning Director, stated that based on the redesign and review of the revised project, staff has determined that the project no longer requires approval of a variance; therefore, the applicant requested that the item be withdrawn. Mr. Hewicker stated that the project requires the approval of a modifications permit and the project is being referred to the Modifications Committee for review. The Planning Commission recessed at 9:30 p.m. and reconvened at 9:40 p.m. A. Variance No. 1160 (Public Hearing) Item No.10 Request to permit a variance so as to allow the construction of V1160 two, two unit residential condominium structures which exceed 8906 the 24 foot basic height limit in the 24/28 Foot Height tee' d to Limitation District. AND 12 -7 -89 -29- COMMISSIONERS November 9, 198 INUTES 'd d Po �� M ' CITY OF NEWPORT BEACH ROLL CALL INDEX B. Resubdivision No. 906 (Public Hearing) Request to resubdivide two existing lots into two parcels of land, each for two unit residential condominium development on property located in the R -2 District. LOCATION: Lots 2 and 4, Block 336, Corona del Mar, located at 400 and 402 Iris Avenue, on the northeasterly comer of Iris Avenue and Bayside Drive, in Corona del Mar. ZONE: R -2 APPLICANT: Intermountain Enterprises, Salt Lake City OWNER: Same as applicant ENGINEER: Duca - McCoy, Inc., Corona del Mar James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the December 7, 1989, Planning Commission meeting in order to resolve problems regarding grading and parking on the site. Motion * Motion was made and voted on to continue this item to the Ayes * * * * * * December 7, 1989, Planning Commission meeting. MOTION Absent * CARRIED. * x x A. General Plan Amendment 88 -2 -(B) (Public Hearing) Item No.11 Request to amend the Land Use Element of the General Plan GPA88 -2B so as to allow 40,672± square feet of additional development for research and development, and manufacturing purposes in Ts57 conjunction with the existing Toyota design facility located within Area 1 of the North Ford /San Diego Creek Planned Community. A678 AND Approved -30- November 9, 1989 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL III Jill INDEX B. Traffic Study No. 57 (Public Hearing) Request to approve a traffic study so as to permit an additional 40,672± square feet of additional development for research and development, and manufacturing purposes in conjunction with the existing Toyota design facility located within Area 1 of the North Ford /San Diego Creek Planned Community. om C. Amendment No. 678 (Public Hearing) Request to amend the North Ford /San Diego Creek Planned Community Development Standards so as to allow 40,672± square feet of additional development for research and development, and manufacturing purposes in conjunction with the existing Toyota design facility located within Area 1 of the North Ford Planned Community. The proposal also includes a request to establish a specific parking requirement for automotive design facilities within the North Ford /San Diego Creek Planned Community Development Standards. LOCATION: Parcel 1 of Parcel Map 41 -27 (Resubdivision No. 328) located at 2800 - 2810 Jamboree Road, on the southeasterly side of Jamboree Road, between Bison Avenue and Camelback Street, in the North Ford /San Diego Creek Planned Community. ZONE: P -C APPLJCANT: Rossetti Associates, Architects and Planners, Santa Monica OWNER: Toyota Motor Sales USA, Torrance The public hearing was opened in connection with this item and Mr. Walter Meyer appeared before the Planning Commission on behalf of the applicant. Mr. Meyer concurred with the suggested action as stated in the staff report. There being no others desiring to appear and be heard, the public hearing was closed at this time. -31- COMMISSIONERS O - NN November 9, 1989 MINUTES CITY OF NEWPORT BEACH ROLE CALL INDEX Motion Motion was made and voted on to adopt Resolution No. 1205 recommending to the City Council adoption of General Plan Ayes * * * k k Amendment 88 -2 (B), amending the Land Use Element of the Absent Newport Beach General Plan increasing the allowable on -site development at 2800 Jamboree Road by 40,672 square feet from 44,731 square feet to 85,403 square feet; adopt Resolution No. 1206 approving Amendment No. 678 and recommending to the City Council adoption of said application, as proposed, and approve Traffic Study No. 57 with the following findings. MOTION CARRIED. 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 Council Policy S -1. 2. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street. Amendment No. 691 (Public Hearing) item No.12 Request to amend the North Ford /San Diego Creek Planned A691 Community District Regulations so as to allow the construction of improvements such as trellis and beam construction, patios, Approved pools and spas within reciprocal side yard easements. LOCATION: Property consisting of Tract No. 12271, the detached single family area of the North Ford /San Diego Creek Planned Community. ZONE: P -C APPLICANT: Donald Bren Company , Newport Beach . OWNERS: Residents of the Newport North Villas Homeowners Association, Newport Beach -32- COMMISSIONERS November 9, 1989MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Patrick Benstra, appeared before the Planning Commission on behalf of the applicant. Mr. Benstra concurred with the proposed Amendment. 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 adopt Resolution No. 1207, Ayes * * * * and to recommend Amendment No. 691 to the City Council. Absent * MOTION CARRIED. x x x Discussion Item: Discussion Item No.1 Amendment No. 694 A694 Request to consider possible revisions to Title 20 of the Newport Beach Municipal Code related to Nonconforming Structures and Cont' d to Uses. 12-7-89 James Hewicker, Planning Director, requested that this item be continued to the December 7, 1989, Planning Commission meeting to allow staff additional time to refine the recommendations. Motion * Motion was made and voted on to continue this item to the Ayes * * * * December 7, 1989, Planning Commission meeting. MOTION Absent CARRIED. x x x ADJOURNMENT: 9:50 p.m. Adjourn- s x x ment JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -33-