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HomeMy WebLinkAbout12/04/1986COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers 4�\ DATE: December 4, 1986 ROLL CALL Present A 1yes 13M©E. CITY OF NEWPORT BEACH x I All Commissioners were present. EX- OFFICIO MEMBERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Patricia Temple, Environmental Coordinator Donald Webb, City Engineer Dee Edwards, Secretary. Minutes of November 20, 1986: Motion was made to approve the November 20, 1986, Planning Commission Minutes. Motion voted on, MOTION CARRIED. Request for Continuances: James Hewicker, Planning Director, stated that staff is recommending the following items be continued to the January 8, 1987, Planning Commission meeting: Item No. 1, Traweek Investment Company, Inc., Waiver of Parcel. Map, located at 3450 Via Oporto; Item No. 3, Rodney Brue, Use Permit No. 3242 and Resubdivision No. 837 located at 504 Poinsettia Avenue; and Item No. 9, Pacific Mutual, Life Insurance Company, General Plan Amendment No. 86 -3 (B), Amendment No. 643, and Variance No. 1132, located at 800 -880 Newport Center Drive. He further stated that the applicant, McLachlan Investment Company, has requested that Item No. 10, Amendment No. 638 and Traffic Study, located at 4141 MacArthur Boulevard, be continued to the January 22, 1987, Planning Commission meeting. Motion was made to continue Item No. 1, Waiver of es Parcel Map; Item No. 3, Use Permit No. 3242 and Resubdivision No. 837; and Item No. 9, General Plan Amendment No. 86 -3 (B), Amendment No. 643, and Variance INDEX Minutes of 11 -20 -86 Request for Continuance COMMISSIONERS MINUTES ��\ \411 \11e0� 0—W\ December 4, 1986 a \\\M CITY OF NEWPORT BEACH ROLL CALL I I I I I I I I INDEX No. 1132 to the January 8, 1987, Planning Commission meeting; and Item No. 10, Amendment No. 638 and Traffic Study be continued to the January 22, 1987, Planning Commission meeting. Motion voted on, MOTION CARRIED. Acting Chairman Koppelman suggested that Item No. 13, General Plan Amendment No. 86 -1 (B, C, F) be heard as the first item ,so as to alleviate the problem of the public waiting until the last item on the agenda. In response to a question posed by Commissioner Winburn, staff pointed out that General Plan Amendment No. 86 -1 (B, C, F) is a discussion item, that the Planning Commission meetings commence at 7:30 p.m., and that the item may be taken out of order if the Planning Commission felt that it would be expeditious to do so. Motion x Motion was, made to hear Item No. 13, General Plan All Ayes telephone calls and correspondence have been received Amendment No. 86 -1 (B, C, F) as the first item on the by staff from the majority of the applicants requesting agenda. Motion voted on, MOTION CARRIED. 0 development proposals to be added to General Plan General Plan Amendment No. 86 -1 (B, C, F) (Discussion) Item No.13 Amendment No. 86 -1 as well as the applicants involved Discussion of a planning program approach for an GPA 86 -1 with the initial initiation of General Plan Amendment initiated General Plan Amendment in the airport area (B, C, F) No. 86 -1 (B, C, F) which was recommended by the northerly of Bristol Street; and the expansion of scope Planning Commission in February, 1986, and approved by of the General Plan Amendment to include additional TERMINATED support from' the aforementioned applicants to add project requests. INITIATED BY: The City of Newport Beach -2- .Tames Hewicker, Planning Director, stated that telephone calls and correspondence have been received by staff from the majority of the applicants requesting development proposals to be added to General Plan Amendment No. 86 -1 as well as the applicants involved with the initial initiation of General Plan Amendment No. 86 -1 (B, C, F) which was recommended by the Planning Commission in February, 1986, and approved by the City Council. He further stated that there is not support from' the aforementioned applicants to add square footage to the applicants' parcels in the vicinity of the airport, and inasmuch as the Planning Commission and City Council recommended that staff enter into a comprehensive study prior to bringing the subject General Plan Amendment back to the Planning Commission and City Council, staff is recommending that the scope of the subject General Plan Amendment as -2- COMMISSIONERS MINUTES December 4, 1986 a \\\M CITY OF NEWPORT BEACH ROLLCALL11 I Jill I INDEX submitted to the Planning Commission as an expansion of an additional six sites not be approved, and that no planning or environmental studies be pursued in regard to General Plan Amendment No. 86 -1 (B, C, F) that was initiated in February, 1986. In response to questions posed by Acting Chairman Koppelman and Commissioner Person, Mr. Hewicker replied that special findings are not required to terminate General Plan Amendment. No. 86 -1 (B, C, F) , and that under City Council policy, General Plan Amendments may be initiated by applicants three times a year in February, June, and October. Motion x Motion was made to recommend to the City Council that General Plan Amendment No. 86 -1 not be expanded to include the additional sites for development approvals within the airport study area, that no further planning or environmental studies be pursued, and that General Plan Amendment No. 86 -1 (B, C, F) be terminated. es Motion voted on, MOTION CARRIED. t Waiver of Parcel Map (Discussion) Item No.l Waiver of Request to waive the requirement of a parcel map for the combining of lots in conjunction with the con- Parcel Map struction of a partially open patio cover over an existing outdoor eating area of the Warehouse Restau- Continued rant. to 1 -8 -87 LOCATION: Parcel 1 of Parcel Map 63 -11 (Resub- division No. 447), and portions of Lots 1122 and 1123, Tract No. 907, located at 3450 Via Oporto, on the northeasterly side of Via Oporto, between Via Lido and Central Avenue, in Lido Marina Village. . ZONE: C -1 -H APPLICANT: Traweek Investment Company, Inc., Marina del Rey OWNERS: June Johnson and Calvin G. Rohrs, 4 Newport Beach Motion was made to continue Waiver of Parcel Map to the Al Ayes Planning Commission meeting of January 8, 1987. Motion voted on, MOTION CARRIED. * t -3- COMMISSIONERS ROLL CALL Motion All Ayes 0 MINUTES December 4, 1986 CITY OF NEWPORT BEACH Use Permit No. 3241 (Public Hearing) Request to permit the sale of take -out food and beve- rage items in conjunction with an existing retail bakery on property located in the C -1 District. The proposal also includes a request to waive the addi- tional required off - street parking spaces for the proposed take -out facility. LOCATION: Lot 11, Block 11, Section Four, Balboa Island, located at 220 Marine Avenue, on the easterly side of Marine Avenue, between Park Avenue and Balboa Avenue, on Balboa Island. ZONE: C -1 APPLICANT: Grujebrot, Balboa Island OWNER: JAX, Beverly Hills, Inc., Los Angeles The public hearing was opened in connection with this item, and Mr. Brett Buttner, applicant, appeared before the Planning Commission stating that he is in accordance with the findings and conditions in Exhibit "A ". The public hearing was closed at this time. Motion was made to approve Use Permit No. 3241 subject to the revised findings and conditions of approval in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to traffic circulation, walls, landscaping, utilities, and the required parking spaces will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. SC INDEX Item No.2 UP3241 Approved COMMISSIONERS MINUTES y A� t0FG�OO t+ December 4, 1986 A . BG�y 9NOy ff o ;yyo �99y CITY OF NEWPORT BEACH ROLL CALL I I I I I I INDEX 4. The approval of Use Permit No. 3241 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan and elevations. 2. That no cooking or preparation of food other than baked goods, continental breakfast items and beverages shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 3. That operation of the facility shall be restricted to the hours between 7 :00 a.m. and 10:00 p.m. daily. 4. That the development standards pertaining to traffic circulation, walls, landscaping, utili- ties, parking lot illumination and required parking spaces shall be waived. 5. That no alcoholic beverages shall be sold on the premises unless the Planning Commission approves an amendment to this use permit. 6. That trash receptacles for patrons shall be located in convenient locations inside the build- ing. 7. That all exterior lighting and signs shall conform to Chapters 20.06 and 20.72 of the Newport Beach Municipal Code. 8. That all mechanical equipment and trash areas shall be screened from Marine Avenue, adjoining properties, and the alley. 9. That a trash compactor shall be installed in conjunction with the take -out restaurant facility. -5- COMMISSIONERS I 1 • MINUTES December 4, 1986 CITY OF NEWPORT BEACH 10. That all, trash, including compact 'trash bags and recyclable containers, shall be stored within the building until they are to be picked up. 11. That the sidewalk on Marine Avenue shall be kept clean and' regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain system. 12. That no seating shall be provided in the facility unless an amendment to the use permit is approved by the Planning Commission. 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 use permit, 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. w • � A. Use Permit No. 3242 (Public Hearing) Request to permit the construction of a two unit residential condominium development and related garages and carports on property located in the R -2 District. AND B. Resubdivision No. 837 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for residential condominium purposes on property located in the R -2 District. LOCATION: Lot 6, Block 543, Corona del Mar, located at 504 Poinsettia Avenue, on the southeasterly side of Poinsettia Avenue, between Second Avenue and Third Avenue, in Corona del Mar. INDEX Item No.3 UP 3242 R837 Continued to 1-6-67 COMMISSIONERS MINUTES December 4, 1986 G�'y �Gy�f`9y C �yy CITY OF NEWPORT BEACH ROLL CALL INDEX ZONE: R -2 APPLICANT: Rodney Brue, Costa Mesa OWNER: Same as applicant ENGINEER: Steve. W. May, Anaheim Motion Motion was made to continue Use Permit No. 3242 and x Resubdivision No. 837 to the January 8, 1987, Planning All Ayes Commission meeting. Motion voted on, MOTION CARRIED. +e x k A. Use Permit No. 3243 (Public Hearing) Item N6.4 UP3243 Request to permit the construction of a two unit residential condominium development and related garages _ - and carports on property located in the R -2 District. R838 AND Approved B. Resubdivision No. 838 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for residential condominium purposes on property located in the R -2 District. LOCATION: Parcel 1 of.Lot Line Adjustment No. 86 -9, located at 119 40th Street, on the northwesterly side of 40th Street, ' between Seashore Drive, and West Balboa Boulevard, in West Newport. ZONE: R -2 APPLICANTS: T. W. & C. L. Rimmer, Corona del Mar - OWNER: Same as applicants ENGINEER: Duca- McCoy, Inc., Corona del Mar James Hewicker, Planning Director, referred to the staff report addendum and stated that the applicant has reviewed and concurs with Condition No. 6 regarding the removal of the tub and shower facilities of the ground floor bathrooms, Condition No. 7 regarding the recordation of a covenant, and Condition No. 8 regarding the ground level of the building shall meet the definition of a basement. -7- COMMISSIONERS MINUTES December 4, 1986 \\M CITY OF NEWPORT BEACH CALL I I I I I I I I I INDEX In response to a question posed by Commissioner Merrill regarding the inconsistency in the square footage of the proposed project, Mr. Hewicker replied that when the subject plans go through Plan Check, the square footage on the plans must conform to the square footage that has been calculated by the City. Commissioner Person referred to recommended Condition No. 7 regarding the recordation.of a covenant, and Mr. Hewicker explained that the intent of the condition is to be assured that the dwelling units will be occupied in conformance with the Zoning Ordinance, and that the covenant will put future property owners on notice that the property is limited to two dwelling units. He explained that there have been previous problems in the City where there have been separate accesses to bedrooms and bathrooms, and the conversion of said areas to illegal dwelling units. The public hearing was opened in connection with this is item, and Mr. T. W. Rimmer, applicant, appeared before the Planning Commission. Mr. Rimmer stated that he concurs with the findings and conditions in Exhibit "A" and aforementioned Conditions No. 6, No. 7, and No. 8 as recommended by staff. The public hearing was closed at this time. Motion JxJ Motion was made to approve Use Permit No. 3243 and All Ayes Resubdivision No. 838, subject to the findings and conditions in Exhibit "A", including Conditions No. 6, No. 7, and No. 8 as recommended by staff. Motion voted on, MOTION CARRIED. Use Permit No. 3243: FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility, connections. 2. The project lot size conforms to the Zoning Code area requirements in effect at the time of ap- proval. • I I I I I ( I I 3. The project is consistent with the adopted goals and policies of the General Plan and the Local Coastal Program. -8- COMMISSIONERS MINUTES y 0�G . ppF December 4, 1986 AG9y 1 \e" 9 O ;0 ��'y CITY OF NEWPORT BEACH ROLL CALL I I I I I I INDEX 4. That an adequate number of on -site parking spaces will be provided in conjunction with the proposed residential condominium development. 5. The project, as conditioned, complies with all applicable standards, plans and zoning require- ments for new buildings applicable to the district in which the proposed project is located at the time of approval. 6. The approval of Use Permit No. 3243 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved site plan, floor plans, elevations, and section except as noted in the following conditions. 2. That the gross floor area of the structure shall not exceed 4,060 sq.ft. (2 times the buildable area of the site). 3. That one garage space and one carport space shall be provided for each dwelling unit. 4. That all Conditions of Resubdivision No. 838 shall be fulfilled. 5. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal'Code. 6. That the tub and shower facilities in each of the ground floor bathrooms shall be removed and that said ,bathrooms shall each be limited to a toilet and sink facility. 7. That the applicant shall record a covenant, the form and content of which is acceptable to the • City Attorney, binding the applicant and successors in interest in perpetuity so as to limit the number of dwelling units on the property to two units. -9- COMMISSIONERS MINUTES December 4, 1986 CITY OF NEWPORT BEACH ROLL CALL INDEX 8. That the ground level of the building shall meet the definition of a basement as required by the Uniform Building Code. Resubdivision No. 838 FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no • I I I I I I I I problems from a planning standpoint. CONDITIONS: 1. That a parcel map be recorded prior to issuance of building permits unless otherwise approved by the Public Works and Planning Departments. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That all vehicular access to the property be from the adjacent alley. 5. That County Sanitation District fees paid prior to issuance of any building permits. 6. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by.the Planning Commission. r : -10- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 4,1986 ROL CALL INDEX Use Permit No. 3244 (Public Hearing) Item No.5 UP3244 Request to establish an automobile sales, service and leasing facility on property located in the "Retail Service Commercial" area of the Mariner's Mile Specific Approved Plan Area. The proposal also includes the operation of a wash rack in conjunction with the proposed operation. LOCATION: A portion of Lot A, Tract No. 919, located at 2300 West Coast Highway, on the northerly side of West Coast Highway approximately 600 feet easterly of Tustin Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANT: Laguna Beach Motors, Laguna Beach OWNER: James Anderson, Newport Beach The public hearing was opened in connection with this item, and Mr. Jerry King, 3187 Airway, Costa Mesa, appeared before the Planning Commission on behalf of the applicant. Mr. King presented background information regarding the application. He stated that the washout area has been excavated and has revealed a sewer connection, and a new trap has been installed; that the applicants will install a curb around the wash area as recommended by staff; that the previous exterior lights have been removed and that new lights will be adjusted so as not to create a glare to the adjacent properties; and that the applicant concurs with the findings and conditions in Exhibit "A" with the exception of Condition No. 11 regarding the washout area. In reference to questions posed by Commissioner Kurlander regarding an adjacent neighbor's concerns, Mr. King stated that the exterior lighting will be adjusted so as not to interfere with the neighbor's view plane, and the noise referred to in the letter was because the automobiles were' being serviced on -site at the time that the applicants were setting up their business. He explained that the automobiles will hereafter be serviced closer to the front of the Property. In reference to Condition No. 12 regarding lighting, Mr. Hewicker requested that the applicant install lighting. fixtures that are being used at other -11- COMMISSIONERS MINUTES December 4, 1986 A CITY OF NEWPORT BEACH ROLL CALL I I Jill INDEX automobile sales facilities. on West Coast Highway and for tennis court lighting, because said lights will generate the level of light and internal shielding of fixtures to eliminate the problems of glare. Mr. King concurred with Mr. Hewicker's recommendations regarding the lights. In response to a question posed by Acting Chairman Koppelman regarding the applicant's request to delete Condition No. 11, Donald Webb, City Engineer, replied that Mr. King has stated that the hole has been renovated and is functioning properly. Discussion ensued regarding a curb and covering for the hole. Commissioner Kurlander referred to Condition No. 10 as a requirement for a roofed washing area and curbing of the wash facility. Mr. George Lesley, 2244 West Coast Highway, appeared before the Planning Commission stating his opposition to the application because used car lots are not in theme with the Mariner's Mile area; the noise from the tuning of the automobiles and the radios; that spray paint has come from the subject site onto his adjacent property; and that the use permit would be detrimental and not compatible with the neighborhood. In response to questions posed by Commissioner Person regarding the Mariner's Mile Specific Plan Area, Mr. Hewicker replied that West Coast Highway divides the types of uses permitted within Mariner's Mile, specifically retail and service commercial uses on the inland side of West Coast Highway. He commented that the subject use is a permitted use in the Mariner's Mile area subject to the approval of a use permit. Mr. Hewicker further commented that the painting of automobiles and repair or service of automobiles are appropriate concerns that can be addressed through the application, with certain types of conditions. In reference to Condition No. 7 regarding the types of servicing that could be conducted within the service building, Commissioner Merrill commented that there would not be any automobile repair in the open, and Mr. Hewicker said that the building shall be open only on one side to allow for a service bay. In response to questions posed by Commissioner Merrill regarding automobile painting, Mr. Hewicker replied that automobile painting does not require a special permit, and that painting shall be done in a fully enclosed structure. -12- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 4, 1986 EROLL CALL I I I I I I I I I INDEX 0 In response to questions posed by Acting Chairman Koppelman regarding automobile painting, Mr. King reappeared before the Planning Commission and stated that the applicant has not previously painted automobiles, and that the painting on the premises was due to the applicant moving into the facility and painting the exterior and interior of the buildings. He further stated that the purpose of the automobile servicing is so that the automobiles will be tuned for test driving purposes only. Mr. King commented that the service bays have doors; however, it is the desire of the applicant not to enclose the building during hours of operation because of the exhaust fumes. Mr. King concurred' with Acting Chairman Koppelman's suggestion regarding a condition prohibiting painting of automobiles on -site. I I I I I I I In response to concerns posed by Commissioner Kurlander, Mr. King replied that there is no public address system on the premises, and that the noise • emanates from the employees working in the service area at the rear of the property. Mr. King stated that the applicant will inform the employees of the noise which should rectify the noise complaint. Acting Chairman Koppelman. stated that Condition No. 24 is a health and welfare condition and that if anything occurs on -site that causes injury or is detrimental to the community, then the Planning Commission has a right to bring the matter back to be heard which is a protective measure for some of the concerns as previously stated by Mr. Lesley. Motion Motion was made to approve Use Permit No. 3244 subject to the findings and conditions of approval in Exhibit "A ", modifying- Condition No. 7 to insert a comma between "servicing" and "washing ", and to delete Condition No..11 regarding the wood- covered hole in the wash area. In response to a question posed by Commissioner Merrill, Mr. Hewicker confirmed that the applicant would have to apply for a Special Events Permit to hold auctions and disposal sales. AWs Motion voted on to approve Use Permit No. 3244 subject to the findings and conditions of approval in Exhibit "A ", modifying aforementioned Condition No. 7 and deleting Condition No. 11. MOTION CARRIED. - -13- COMMISSIONERS CALL • 0 MINUTES December 4, 1986 CITY OF NEWPORT BEACH FINDINGS: 1. That the proposed development is consistent with the General Plan and Local Coastal Program, and is compatible with existing and proposed land uses in the surrounding area. 2. That; the project will not have any significant environmental impact. 3. That the Police Department has indicated that they do not contemplate any problems with the proposed development. 4. That approval of Use Permit No. 3244 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plans, except as noted below. 2. That no more than one automobile service bay shall be provided unless an amendment to this use permit is approved by the Planning Commission. 3. That auto servicing, washing, and detailing shall be ancillary to the primary automobile sales and leasing operation and shall only be performed on vehicles owned by the rental and sales operation. 4. That all mechanical equipment and trash areas shall be screened from adjoining properties and from West Coast Highway. 5. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 6. That the applicant shall provide for weekly vacuum sweeping of all paved areas and drives. 7. That all automobile servicing, washing and detail- ing shall be conducted within the building. -14- INDEX COMMISSIONERS �0 o0 .o CITY OF NEWPORT BEACH MINUTES December 4, 1986 ROLL CALL INDEX 8. That the entire site shall be maintained in a clean and orderly manner. 9. That all wash water shall drain into the sanitary sewer system and that grease traps shall be provided in all drains where petroleum residues may enter the, sewer system, unless otherwise approved by the Building Director. 10. That the automobile wash facility shall be de- signed in a manner that will prevent rain water from entering the sewer system. This will require the provision of a roofed washing area and curbing along the perimeter of a raised surface of the wash facility. The exact design shall be reviewed and approved by the Building, Public Works and Planning Departments. 11. Deleted. • 12. That the illumination of any open automobile display area shall be maintained in such a manner as to eliminate direct light and glare on adjoin- ing properties and on West Coast Highway. A timing device shall turn off any lights facing towards the bluff at the rear of the site at 10:00 p.m. every night. 13. That twenty (20) parking spaces shall be main- tained on -site for customer and employee parking and that said spaces shall not be utilized for storage of rental or sales vehicles or boats. 14. That the parking lot area shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 15. That the on -site parking and vehicular circulation system be subject to further review by the City Traffic Engineer. 16. That a standard use permit agreement and accom- panying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain a building permit prior to completion of the public improve- • ments. -15- COMMISSIONERS \0111; y s' yo CITY OF NEWPORT BEACH MINUTES December 4, 1986 ROLL CALL INDEX 17. That the intersection of West Coast Highway and drives be designed to provide sight distance for a speed of 40 miles per hour. Landscaping, walls and other obstruction shall be considered in sight distance requirements. 18. That a four (4) foot wide landscaped strip shall be provided along the front of the property adjacent to West Coast Highway. Said landscaping shall be continuously maintained. 19. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and the Public Works Department. 20. That the existing drive aprons be reconstructed to City Standard 166 -L along the West Coast Highway frontage under an encroachment permit issued by the Public Works Department and the California Department of Transportation. • 21. That County Sanitation District fees be paid prior to issuance of any building permits. 22. That the applicant dedicate prior to issuance of building permits, his leasehold interest in a 12 foot wide parcel adjacent to West Coast Highway for street and highway purposes. 23. That all supplies shall be stored within the building. 24. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 25. 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. -16- COMMISSIONERS • MINUTES December 4, 1986 CITY OF NEWPORT BEACH Use Permit No. 1757 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the establishment of live entertainment in conjunction with the E1 Ranchito Restaurant located on property in the ^Retail Service Commercial" Area of the Cannery Village /McFadden Square Specific Plan. The proposed amendment includes a request to permit the establishment of a take -out food operation in conjunc- tion with the existing full service restaurant. The proposal also includes a request to purchase in -lieu parking permits from the City on an annual basis for the additional required off - street parking spaces. LOCATION: Lot 1 and a portion of Lot 2, Block 225, Section A, Lancaster's Addition, located at 2800 Newport Boulevard, on the northeasterly corner of 28th Street and Newport Boulevard, in Cannery Village. ZONE: - SP -6 APPLICANT: Sergio Avila, Newport Beach OWNER: Same as applicant James . Hewicker, Planning Director, referred to Condition No. 12 regarding an easement for the trash storage area. Mr. Hewicker explained that there is no reason for an easement if there is a recorded agreement that the trash facility is located on adjoining property that is owned by the applicant; however, he said that if the adjoining property would not be available for the trash storage, then the trash would have to be located on -site. The public hearing was opened in connection with this item, and Mr. Sergio Avila, applicant, appeared before the Planning Commission. Mr. Avila concurred with the findings and conditions in Exhibit "A" with the exception of Conditions No. 10 regarding the installation of a trash compactor, and No. 11 regarding a washout area for refuse containers. -17- INDEX Item No.6 UP1757A Approved COMMISSIONERS MINUTES o t+ December 4, 1986 A A - �G�y 9NOy9`���o iyso y �, CITY OF NEWPORT BEACH ROLL CALL I I I I I I INDEX Mr. Hewicker explained that Condition No. 10 regarding the trash compactor, is for refuse disposal from the inside of the restaurant. Mr. Hewicker explained that Condition No. 11 regarding a washout area, is a standard condition intended for the purpose of washing containers normally used for trash storage so that the fugitive water will go into the sewer and not washed into the street and eventually into the bay, Mr. Avila stated that his restaurant has never used a trash compactor; however, he' would agree to trash pickup six days a week. In response to a question posed by Commissioner Merrill, Mr. Avila replied that the take -out food is primarily taken away from the premises. In response to a question posed by Commissioner Person, Mr. Hewicker replied that the condition regarding the trash compactor has been previously imposed on new restaurants and existing restaurants when changing their operational characteristics. Mr. Bahar, architect, 5015 Birch Street, appeared before the Planning Commission on behalf of the applicant to state his concern regarding aforementioned Condition No. 10, and he asked that aforementioned Condition No. 12 be deleted until the adjoining property is developed and then a condition could be considered. In reference to Mr. Bahar's concern regarding Condition No. 15 requesting that grease interceptors be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage system, Mr. Hewicker replied that there is a possibility that the grease interceptor would not be required if there is a suitable substitute facility or a finding on the part of the Building Department that the grease interceptors are not required. In reference to questions posed by Commissioner Kurlander regarding the washout area, Mr. Hewicker replied that the washout area may be inside or outside of the restaurant, and that all openings going into the sewer must be protected. Mr. Bahar responded to Commissioner Kurlander by stating that when a soiled • trash, container is picked up, a clean trash container is left by the dumpster service, and that there is no seepage from the trash containers. -18- COMMISSIONERS MINUTES December 4, 1986 CITY OF NEWPORT BEACH In response to questions posed by Commissioner Eichenhofer regarding where the applicant washes the trash containers that are used for trash purposes inside of the restaurant, Mr. Avila reappeared before the Planning Commission and explained the washout method that the restaurant personnel uses to wash down the kitchen area. The public hearing was closed at this time. Motion x Commissioner Person made a motion to approve Use Permit No. 1757 (Amended) subject to the findings and conditions in Exhibit "A ", including amended Condition No. 10 to state that the owner /operator of the restaurant must provide trash pickup, six days a week, and that Condition No. 12 be amended to state that the applicant shall provide a recorded easement agreement on the adjoining property. Commissioner Person explained that the Planning Commission has previously waived the trash compactor requirement when the • Planning Commission has determined that there has not been an on -going trash problem, and he pointed out that no problems have been brought to the attention of the Planning Commission or staff concerning trash generation from the take -out restaurant. Commissioner Winburn stated that she would support the motion, and she emphasized that Condition No. 20 would give the Planning Commission the opportunity to bring the application back if the Planning Commission determined that the operation had any discrepancies such as the daily trash pickup. Commissioner Person pointed out that Condition No. 20 is a condition that has been imposed since the applicant's last application which is one reason that he recommended amended Condition No. 10. Motion voted on to approve Use Permit No. 1757 (Amended) subject to the findings and conditions in Exhibit "A ", including aforementioned Conditions No. 10 All Ayes and No. 12. MOTION CARRIED. • -19- INDEX COMMISSIONERS MINUTES December 4, 1986 CITY OF NEWPORT BEACH FINDINGS: INDEX 1. That the proposed use is consistent with the Land Use Elements of the General Plan and the Local Coastal Program, and is compatible with surround- ing land uses. 2. That .the project will not have any significant environmental impact. 3. A Municipal parking lot is located within reasonable proximity to the subject restaurant facility so as to be useful to said business. 4. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities and a portion of the required parking will not be detrimental to adjoining properties. • 5. That the approval of this amendment to Use Permit No. 1757 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 improve- ments in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot /floor plan, except as noted below. 2. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities and a portion of the required number of parking spaces (11 spaces) for the take -out restaurant shall be waived. 3. That one bathroom accessible to the handicapped shall be provided for each sex. • I I I I ( I I 4. That two exits equipped with panic hardware shall be provided in the sit -down portion of the facili- ty unless otherwise approved by the Fire Depart- ment. -20- COMMISSIONERS MINUTES December 4, 1986 CITY OF NEWPORT BEACH INDEX 5. That no off -sale of alcoholic beverages shall be permitted in conjunction with the subject take -out and sit -down restaurant facility. 6. That a maximum of 22 seats shall be permitted in the take -out restaurant facility. 7. That all employees of the take -out operation shall park in the Municipal parking lot. 10. That the owner /operator of the restaurant shall provide trash pickup six days a week. 11. 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. 12. That the applicant shall provide an agreement on the adjoining property to the north in favor of the subject restaurant which shall be duly record- ed, guaranteeing the subject restaurant access to and use of the off -site trash storage area for as long as the sit -down and take -out restaurant uses shall exist, or until another location for the trash area is approved by the Planning Department. Said easement shall be approved by the Planning Director and the City Attorney as to form. I I I I I I I 13. That the proposed off -site trash area shall maintain a minimum 10 foot rear yard setback as required by Section 20.63.040 of the Municipal Code. -21- 8. That the applicant shall purchase five (5) in -lieu parking permits from the City on an annual basis for the duration of the take -out use and the expanded sit -down restaurant facility, and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. Should the take -out use be eliminated on the property, the applicant shall purchase three (3) in -lieu parking permits for the additional 91± sq.ft. of "net public area" in the • sit -down facility in excess of 913 sq.ft. 9. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 10. That the owner /operator of the restaurant shall provide trash pickup six days a week. 11. 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. 12. That the applicant shall provide an agreement on the adjoining property to the north in favor of the subject restaurant which shall be duly record- ed, guaranteeing the subject restaurant access to and use of the off -site trash storage area for as long as the sit -down and take -out restaurant uses shall exist, or until another location for the trash area is approved by the Planning Department. Said easement shall be approved by the Planning Director and the City Attorney as to form. I I I I I I I 13. That the proposed off -site trash area shall maintain a minimum 10 foot rear yard setback as required by Section 20.63.040 of the Municipal Code. -21- COMMISSIONERS MINUTES December 4, 1986 p A CITY OF NEWPORT BEACH ROLL CALL INDEX 14. That all trash areas shall be screened from the adjacent streets, alleys and adjoining properties. 15. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 16. That kitchen exhaust fans shall be designed to control smoke and 'odor, unless otherwise approved by the Building Department. 17. That no walk -up windows shall be provided for take -out food. 18. That all applicable conditions of Use Permit No. 1757 as approved by the Planning Commission on June 19, 1975 shall be fulfilled, except that it will no longer be necessary for the Modifications Committee to extend Use Permit No. 1757. 19. That a building permit shall be obtained for the as -built construction undertaken in conjunction with the establishment of the existing take -out facility. 20. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 21. 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. The Planning Commission recessed at 8:45 p.m. and reconvened at.9:00 p.m. • -22- COMMISSIONERS 0 0 MINUTES December 4, 1986 CITY OF NEWPORT BEACH Resubdivision No. 836 (Continued Public Hearing) Request to resubdivide various existing parcels of land into nine parcels for commercial and off- street parking purposes on property located in the C -O -H District in Fashion Island. LOCATION: Lots 1 - 8, Lots 10 - 12, Lot 20, Lots B - H, Lots J - P, Lots "A -1" and "J -1" of Tract No. 6015, with Parcels No. 2 and 3 of Parcel Map 67 -2,3 (Resubdivision No. 466) and Parcels No. 2 and 3 of Parcel Map 75 -48 (Resubdivision No. 499), located at 1001 Newport Center Drive, comprising the northwesterly portion of Fashion Island. ZONE: C -O -H APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER: Robert Bein, William Frost & Associates, Newport Beach Don Webb, City Engineer, referred to the conditions that the Public Works Department had recommended, and he requested that Conditions No. 7, No. 9, and No. 11 be modified. He stated that Conditions No. 7 and No. 11 contain minor modifications which do not change the context of the conditions. Mr. Webb stated that Condition No. 9 requires The Irvine Company to bond for future traffic signals at the following intersections into Fashion Island around Newport Center Drive: Center Drive, Anacapa Drive, Santa Maria, and San Nicolas Drive. Mr. Webb further stated that'The Irvine Company has commented that they are not proposing new development within the subject parcels, and they felt that it was not appropriate to require all of the traffic signals to be bonded for at this time. Mr. Webb commented that the Public Works Department has received a number of requests from pedestrians asking for a traffic signal at Center Drive, and because staff felt that the traffic signal would be needed within a relatively short time, a decision was made to leave the condition the same as it related to Center Drive; therefore, Mr. Webb said that staff is requesting that the traffic signal at Center Drive be bonded for at this time. -23- INDEX Item No.7 R836 Approved COMMISSIONERS MINUTES December 4, 1986 L \\\M CITY OF NEWPORT BEACH EROLLCALL11 1 1111 1 1 INDEX Mr. Webb stated that the traffic signals at the intersections of San Nicolas Drive, Anacapa Drive, and Santa Maria shall be bonded for when square footage is added to No. Parcel 6. He pointed out that Parcel No. 6 is the center core of the expansion within Newport Center and that no construction would occur in that area until The Irvine Company applied for additional square footage; therefore, he opined that it would be more appropriate to tie the installation of traffic signals to that expansion. The public hearing was opened in connection with this item, and Mr. Stephen Phillips, Project Manager of Fashion Island, appeared before the Planning Commission on behalf of the applicant. Mr. Phillips stated that the applicant concurs with the recommended findings and conditions with the exception of Conditions No. 9a and 9b, because the applicant should not be obligated to bond for 100 percent of the traffic signals that are installed. He commented that Fashion Island controls • one side of Newport Center Drive; however, he said that if an office building would be developed on the opposite side of Newport Center Drive, then the new development would create a need for the traffic signals and should absorb a part of the costs. Mr. Phillips said that the applicant has agreed to a signal at San Miguel Drive because it is a major artery into Newport Center for vehicular traffic, and that at this time The Irvine Company is meeting the needs of the pedestrians crossing the street from the office buildings. Mr. Phillips stated that the applicant would be willing to put up a bond for 25 percent of the traffic signals should they become warranted as opposed to 100 percent of the traffic signals, and that the applicant is requesting that the bond expire after a ten year period. In response.to questions posed by Commissioner Person, Mr. Phillips replied that the recommended conditions are based on the approval of the parcels in Fashion Island, and because the applicants cannot foresee future development, the applicants should not be totally responsible for any of the increase in traffic should additional office buildings be developed. • In response to a' statement by Commissioner Winburn regarding a previously approved medical office building, the applicants contributed 50 percent of the costs of a traffic signal at San Miguel Drive, Mr. Webb replied that Conditions No. 9a and No. 9b contain a -24- COMMISSIONERS MINUTES December 4, 1986 mG '>sN P9�f .e yi^ CITY OF NEWPORT BEACH ROLL CALL INDEX statement that "if other developments are required to contribute to the construction of these signals, then the share for construction will be appropriately reduced. ", meaning that if another development were approved, then the developer would be required to . contribute up to 50 percent of the cost of the traffic signal. Mr. Webb explained the percentage of the costs that the developers contributed toward the required San Miguel Drive traffic signal. In response to a question posed by Commissioner Person regarding the Four Seasons Hotel, Mr. Webb explained the settlement that was made regarding the Four Seasons Hotel relative to the traffic signal at Newport Center Drive and Santa Cruz. Discussion followed between Commissioner Merrill and Mr. Webb regarding The Irvine Company posting 100 percent bond for a traffic signal, and if the applicant sold a corner of an intersection and the responsibility of that property owner. The public hearing was closed at this time. Mr. Webb stated that staff would not object to the applicant's request that the bonding be limited to a period of ten years. Motion x Motion was made to approve Resubdivision No. 836, subject to the findings and conditions in Exhibit "A ", including aforementioned Conditions No. 7, No. 9a, No. 9b, and No. 11 as modified and that Conditions No. 9a and No. 9b state that the bonding be limited to a All Ayes period of ten years. Motion voted on, MOTION CARRIED. FINDINGS: 1.. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. • 3. That the design of the subdivision will not conflict with any easement acquired by the public at large for access through or use of property within the proposed subdivision. -25- COMMISSIONERS MINUTES 0¢��� y December 4, 1986 y ` � � CITY OF NEWPORT BEACH ROLL CALL INDEX CONDITIONS: 1.. That a parcel map be recorded prior to issuance of building permits unless otherwise approved by the Public Works and Planning Departments. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each building 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 the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 5. That County Sanitation District fees be paid prior to issuance of any building permits. • 6. That all existing public utilities be shown on the site plan for all. new building construction and that existing water and sewer facilities be protected or relocated as required by the Public Works Department. All utility relocations shall be prepared by a licensed engineer and be shown on Standard Improvement Plans. 7. That a pedestrian and bicycle circulation plan be prepared and implemented to get both bicyclists and pedestrians from Newport Center Drive into the Fashion Island shopping center which minimizes having to walk or ride in parking aisles. The plan and implementation program shall be reviewed and approved by the Public Works Department prior to recordation of the first parcel map. 8. That bicycle parking facilities shall be provided at appropriate locations in the Fashion Island area. Locations are to be approved by the Public Works Department. 9a. That a traffic signal be installed at the intersection of Newport Center Drive and Center Drive. A bond shall be posted to guarantee construction of the signal prior to recording the first parcel map. The signal is to be installed at the time signal warrants are met and /or as -26- COMMISSIONERS MINUTES G�go y December 4, 1986 CITY OF NEWPORT BEACH 9tic^,e ROLL CALL I I I I I I INDEX determined by the Traffic Engineer. If other developments are required to contribute to the construction of this signal, then the share for construction will be appropriately reduced. The bonding shall be limited to a period of ten years. 9b. That traffic signals be installed at the following intersections with Newport Center Drive: a. San Nicolas Drive; b. Anacapa Drive; and c. Santa Maria. Prior to the issuance of building permit for any additional square footage in Parcel 6, bonds shall be posted to guarantee construction of the signals. The signals are to be installed at the time signal warrants are met and /or as determined by the Traffic Engineer. If other developments are required to contribute to the construction of these signals, then the share for construction will be appropriately reduced. The bonding shall be.limited to a period of ten years. 10. That a contribution of 50 percent of the cost of • installing a traffic signal at San Miguel Drive and Newport Center Drive be made prior to record- ing the first parcel map. 11. That landscaping in the Fashion Island parking lots shall be maintained to provide adequate sight distance at the intersection of the parking aisles and main access drives, subject to the approval of the Traffic Engineer.' 12. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. x to x • -27- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 4, 1986 EROLLCALLJJ I Jill I I INDEX N A. General Plan Amendment No. 86 -3 (A) (Public Hearing) Request to consider an amendment to the Land Use Element of the Newport Beach General Plan so as to redesignate the subject property from "Low Density Residential" to "Administrative, Professional and Fin- ancial Commercial "; and the acceptance of an environ- mental document. AND Coastal Program Amendment No. 11 Request to consider an amendment to the Local Coastal Program, Land Use Plan, so as to redesignate the subject property from "Low Density Residential" to "Administrative, Professional and Financial Commer- cial". I INITIATED BY: The City ofANDwport Beach I I I I I I C. Amendment No. 642 (Public Hearing) Request to amend a portion of Districting Map No. 34, so as to reclassify the subject property from the "Unclassified" District to the "A -P" District. The proposal also includes a modification to the Zoning Code so as to allow a portion of the required off - street parking to be tandem and compact parking spaces in conjunction with the expansion of the existing office building on the property. LOCATION: A portion of Lot 94, Tract No. 1701, located at 1550 Bayside Drive, on the northeasterly corner of E1 Paseo Drive and Bayside Drive, adjacent to the Irvine Terrace residential area. ZONE: Unclassified APPLICANT: Dorius Architects, Corona del Mar OWNER: Clayton/Dorius, Corona del Mar -28- Item No.8 GPA 86 -3(A) LCP All(A) Approved COMMISSIONERS MINUTES t, December 4, 1986 ymC. �'Am��y9f� c., 9 °y��lCys. CITY OF NEWPORT BEACH ROLL CALL I I I I I I INDEX James Hewicker, Planning Director, referred to Amendment No. 642 (with modification) regarding the 26'/35' Commercial Height Limitation Zone, and he commented that it would be more appropriate that Condition No. 2, Amendment No. 642, relating to construction not encroaching into adjoining residential properties' sightline be included in General Plan Amendment No. 86 -3(A) for the purpose of plan check as opposed to a condition in Amendment No. 642 and an associated modification relating to tandem parking spaces. Robert Lenard, Advance Planning Administrator stated that aforementioned Condition No. 2 relates to the subject Amendment and modification; however, staff is further proposing adding language similar to Condition No. 2 into the Resolution for the General Plan Amendment so the language would be repeated into the General Plan. The public hearing was opened at this time. • Mr. Kermit Dorius, applicant, appeared before the Planning Commission and stated that he had reviewed the findings and conditions in Exhibit "A "; however, he referred to Condition No. 7 requesting "that the displaced portion of curb, gutter and sidewalk be reconstructed along the El Paseo Drive frontage northerly of Bayside Drive ", and said that he was not aware of any displaced curb and gutter. Donald Webb, City Engineer, stated that the Public Works Department would review the matter with the applicant and if,there is not displaced curb and gutter then the applicant would not have to replace same. In further reference to Condition No. 7, Mr. Dorius stated that the request to construct a five foot sidewalk along the Bayside Drive frontage would be inappropriate. Mr. Webb replied that the request to construct a sidewalk on El Paseo Drive is because of the significant amount of parking on the street, and that it is the property owner's responsibility to install concrete sidewalks in front of their property. He further replied that City Council policy states that when Building Permits are obtained that curbs, gutters, • and sidewalks be installed across the property frontage; therefore, he said that the subject_ request would be consistent with City Council policy as well as the needs that currently exist. Mr. Dorius agreed with Mr. Webb's request to construct a sidewalk on El Paseo Drive because of the curbside parking; however, he said -29- COMMISSIONERS MINUTES GAi^�i^�G�Op��c+ December 4, 1986 69999 ,py GZN9� F` CITY OF NEWPORT BEACH ROLL CALL INDEX that there is no curb parking on Bayside Drive, and there is no reason for the frontage sidewalk which would only distract from the landscaping which is beneficial to the neighborhood and subject property. Mr. Dorius stated that he concurs with the findings and conditions in Exhibit "A" with the exception of aforementioned Condition No. 7. Mr. Val Skoro, 1601 Bayadere Terrace, appeared before the Planning Commission wherein he had the following concerns: that the property owners had an agreement with the Irvine Company when the subject property was originally developed and since then the rules have changed; that E1 Paseo Drive and Bayside Drive is a dangerous intersection; that E1 Paseo is an Irvine Terrace street that should be red zoned; that to rezone the property would allow additional buildings, and 35 foot heights; and that the public will not use the tandem parking within the parking area. Mr. Skoro stated that he would agree to the subject application • if the following provisions would be met: that the 25 foot height limit be met, including the foliage and trees; and that E1 Paseo Drive be red zoned to Malabar Drive and Seadrift Drive. In response to a statement posed by Commissioner Person, Mr. Skoro stated that the parking on E1 Paseo Drive is not necessarily an overflow from the Bahia Corinthian Yacht Club but also from the general public, and that if E1 Paseo was red zoned the surrounding neighborhood would be safer. Commissioner Person stated that the Planning Commission cannot impose a condition that El Paseo Drive be red zoned. Mr. Hewicker briefly explained the background and purpose for the land use redesignation of the subject property. In.conclusion, Mr. Hewicker stated that the City attempted to find a land use zone classification that would be appropriate for the use of the building on the property, and the "Administrative, Professional, and Financial Commercial" zoning falls into that classification. In reference to the square footage, and the height and the bulk of the building, Mr. Hewicker stated that the subject property could be reclassified so as to allow a customized 0.5 times buildable area. In reference to the height limitation and the number of stories for the subject property, Mr. Hewicker, stated -30- COMMISSIONERS MINUTES yG'�. ;ia G�Oa n December 4, 1986 Gyms! t^ ��9Gyf�Zfyy ` � CITY OF NEWPORT BEACH ROLL CALL I I I I I I INDEX that the City deleted the story limitation at the time the overall height limitations were developed. He said that the 26'/35' height limitation would allow a flat roof up to 26 feet, a pitch on the roof up to 31 feet to the ridge so long as the average height of the building remained at 26 feet; or a height limit of 35 feet with an overall height of pitch roof to 40 feet which would require a use permit and a public hearing. Mr. Hewicker stated that the Planning Commission could designate a height limitation on the subject property. In reference- to red . zoning the curb, Mr. Hewicker explained that the recommendation would need to be addressed by, the City's Traffic Affairs Committee, who would review the request, and if approved by the Traffic Affairs Committee, the request would be forwarded to the City Council so as to adopt a Resolution. In reference to tandem parking, Mr. Hewicker stated that tandem parking has been previously recommended for • employee parking only, and he pointed out that 25 percent of the required parking spaces would be compact spaces. In response to questions posed by Commissioner Merrill regarding a height limitation for foliage and trees, Mr. Hewicker stated that there have been developments wherein zoning standards have been imposed so that trees cannot exceed the height of the closest dwelling, and that the Planning Commission has the option to condition a height limitation for trees and foliage in the General Plan Amendment. The public hearing was closed at this time. Mr. Hewicker and Mr. Lenard discussed the option that the Planning Commission has regarding height limitations. Mr. Lenard stated that the aforementioned Condition No. 2 indicates that new construction, cannot encroach any further into the adjoining residential properties sightline than does the existing structure which adequately protects views from the existing residential structures', and Condition No. 2 would prohibit new construction into the sightline. JWn x Motion was made to recommend to the City Council to adopt General Plan Amendment No. 86 -3 (A) (Resolution No. 1148) including a height limitation of 25 feet, -31- COMMISSIONERS MINUTES q�1't^9Gy �q�'c+y December 4, 1986 CITY OF NEWPORT BEACH ROLL CALL INDEX Local Coastal Program Amendment 11(A) (Resolution No. 1149) ; and Amendment No. 642 subject to the findings and conditions in Exhibit "A ", including an amendment to Condition No. 2 stating "that any new construction shall not exceed 25 feet in height ". Acting Chairman Koppelman stated that she would support the motion, and she concurred with a height limitation that conforms to what is presently on -site which would eliminate any future problems in the area. Motion voted on to recommend to the City Council to adopt General Plan Amendment No. 86 -3 (A) (Resolution No. 1148) including a height limitation of 25 feet; Local Coastal Program Amendment ll(A) (Resolution No. 1149) ; and Amendment No. 642 subject to the findings All Ayes and conditions in Exhibit "A ". MOTION CARRIED. Findings: 1. That it has been determined that the requested amendment (No. 642) to the Zoning Code Districting Map is appropriate, and that both the existing and proposed use of the land will not conflict with any of the policies or ordinances of the City of Newport Beach. 2. That the proposal is consistent with the existing use of the subject property and that this develop - ment is a logical use of the property that would be precluded under the normal zoning requirements of the existing district. 3. That both the existing building and proposed construction (as shown) will not obstruct views from adjoining residential properties. 4. That the requested amendment for the subject property will not adversely impact upon the parcel's surroundings and that the granting of Amendment No. 642 will not be detrimental or injurious to persons, property, and improvements in the neighborhood or general welfare of the City, and further that the applicant's request would be consistent with the legislative intent of • Title 20 of the Newport Beach Municipal Code. 5. That an adequate number of parking spaces are being provided in conjunction with the proposed expansion of the professional office building. -32- COMMISSIONERS MINUTES December 4, 1986 A CITY OF NEWPORT BEACH ROLL CALL I I I I I I INDEX 6. That the proposed percentage of compact and tandem spaces is reasonable for the demand upon the total number of the parking spaces upon the site. 7. That the proposed parking spaces that encroach into the area adjacent to the subject property obtained by the City for a water pumping station will not affect or interfere with the operations of and /or access to said station. 8. That the City Traffic Engineer has reviewed and approved the proposed parking lot design. 9. That the design of the proposed improvements will not conflict with any easements required by the public -at -large for access through or use of property within the proposed development. 10. That the request to allow a portion of the required off- street parking to be tandem and compact parking spaces will not be detrimental to • the health, safety, peace, comfort, and general welfare of such persons residing or working in the neighborhood of such proposed use or .be detri- mental or injurious to property and improvements in the area or the general well -being of the City, and further that the proposed modification is consistent with the legislative intent of the Municipal Code of Newport Beach, Title 20. 11. That the project complies with the requirements of the California Environmental Quality Act. 12. That the project* will not have any significant environmental impacts. Conditions: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan except as may be noted below. 2. That any new construction shall not exceed 25 feet in height. • 3. That all new construction shall conform to the required front and rear yard setbacks, and to all applicable provisions of the Zoning Code except -33- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 4, 1986 ROLL CALL I I I I I I I I I INDEX 0 • for a modification to allow a portion of the required off - street parking to be tandem and compact parking spaces. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 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 obtain a building permit 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 Traffic Engineer. Handicap parking shall be provided in accordance with Title 24. 7. That the displaced *portion of curb, gutter and sidewalk be reconstructed along the El Paseo Drive frontage northerly of Bayside Drive, and that new five -foot sidewalk be constructed along the Bayside Drive frontage and around the curb return at the corner of El Paseo Drive and Bayside Drive joining the existing sidewalk on E1 Paseo Drive. A curb access ramp shall be constructed in the curb return. All work'shall be constructed under an encroachment permit issued by the Public Works Department. 8. That the existing landscape at the E1 Paseo Drive and Bayside Drive entrances to the site be trimmed back to provide sight distance in conformance with the City's site distance STD. -110 -L and as ap- proved by the Public Works Department. 9. That all provisions of the Uniform Building, Plumbing, and Electrical Codes, and all local amendments be incorporated into the final project plans unless otherwise approved by the City Building Director. 10. That development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 11. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. -34- COMMISSIONERS • MINUTES December 4, 1986 CITY OF NEWPORT BEACH 12. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of 'a Soil Engineer and an Engi- neering Geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. The soils investigation shall include a detailed slope stability analysis. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 13. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department, and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 14. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. A. General Plan Amendment No. 86 -3 (B) (Public Hearing) Request to consider an amendment to the Land Use Element of the Newport Beach General Plan, so as to permit an.additional 2,740± sq.ft. of floor area in the Block 800 Planned Community of Newport Center; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach AND B. Amendment No. 643 (Public Hearing) Request to consider an amendment to the Block 800 Planned Community Development Standards so as to permit an additional 2,740± sq.ft. of floor area in the Pacific Mutual Plaza Tower II for a laundry -dry cleaner pick -up area and auto detailer (for on -site tenants only); and additional mezzanine space. C. Variance No. 1132 (Public Hearing) Request to waive a portion of the off - street parking spaces required for the additional 2,740± sq.ft. of floor area in the Block 800 Planned Community. -35- INDEX Item No.9 GPA86 -3 (B) A643 V1132 Continued to 1 -8 -87 COMMISSIONERS 4. gyyyF� y� •. Fy t^,p G9 ley 9y �y CITY OF NEWPORT BEACH MINUTES December 4, 1986 ROL CALL INDEX LOCATION: Parcel 1 of Parcel Map 136 -22 -23 (Resubdivision No. 612) located at 800 -880 Newport Center Drive, on the northeasterly corner of Newport Center Drive and Santa Barbara Drive, in Block 800 of Newport Center. ZONE: P -C APPLICANT: Pacific Mutual Life insurance Company, Newport Beach OWNER: Same as applicant Motion x Motion was made to continue this item to the January 8, All Ayes 1987, Planning Commission meeting. Motion voted on, MOTION CARRIED. • x A. Amendment No. 638 (Public Hearing) Item N0.10 • Request to amend the Newport Place Planned Community A638 Development Standards so as to allow 278,489 sq.ft. of additional bank and office floor area in an 11. story Continued building within "Professional and Business Offices Site to No. 5" and to establish a restaurant, an athletic club, 1 -22 -87 and ancillary service commercial uses on the subject property. The proposal also includes modifications to the Planned Community Development Standards so as to allow a parking formula of one parking space for each 250 sq.ft. of office and bank floor areas; to allow 25 percent of the required parking spaces as compact spaces; and the acceptance of an environmental docu- ment. AND B. Traffic Study (Public Hearing) Request to approve a traffic study in conjunction with the construction of a 278,489 sq.ft. office - commercial building in Newport Place. LOCATION: Parcel 1 of Parcel Map 40 -31 (Resub- • division No. 319) and Parcels No. 1 and No. 2 of Parcel Map 183 -14 -15 (Resub- division No. 742), located at 4141 MacArthur Boulevard, on the north- -36- COMMISSIONERS MINUTES A9�99���y December 4, 1986 ':k\ ` °� _ °�, CITY OF NEWPORT BEACH ROLL CALL INDEX westerly corner of Newport Place Drive and MacArthur Boulevard in the Newport Place Planned Community. ZONE: P -C APPLICANT: McLachlan Investment Company, Newport Beach OWNER: Same as applicant Motion was made to continue this item to the January Motion x 22, 1987, Planning Commission meeting. Motion voted All Ayes on, MOTION CARRIED. * * x Local Coastal Program Amendment No. it (B)(Public Item No.11 Hearing) LCP A ll(B) Request to consider an amendment to the City's Local • Coastal Program, Land Use Plan, so as to permit the use Approved of lots designated for, residential uses, adjacent to commercial uses, for parking lots to support the commercial development, upon approval of a use permit in each case. INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this . item, and because no one came forward to be heard, the public hearing was closed. Motion x Motion was made to recommend to the City Council the All Ayes approval of Amendment No. ll(B) to the Local Coastal Program, Land Use Plan (Resolution No. 1150). Motion voted on, MOTION CARRIED. r x x General Plan Amendment No. 86 -1 (H) (Public Hearing) Item No.12 Request to consider an amendment to the Housing Element of the Newport Beach General Plan so as to update the GPA 86 -1(H) Housing Element to include an analysis of families and persons in need of emergency shelter and provisions for Approved the needs of families and persons in need of emergency • shelter; and the acceptance of an environmental docu- ment. -37- COMJSSIONERS MINUTES y•, G�p� c December 4, 1986 �G'• 9N 99�f 'u �� y ` _ CITY OF NEWPORT BEACH ROLL CALL INDEX INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item, and since no one came forward to be heard, the public hearing was closed at this time. Motion x Motion was made to recommend adoption of General Plan All Ayes Amendment 86 -1(H) (Resolution No. 1151) and acceptance to the Negative Declaration to the City Council. Motion voted on, MOTION.CARRIED. A D D I T I O N A L B U S I N E S S: Additional ' Business The Planning Director informed the Planning Commission that Councilman Sansone has requested to initiate an amendment to the Land Use Element of the General Plan General Plai that would permit an additional 65,000 square feet of. floor area for institutional uses in Civic Plaza with Proposal • the intent that the proposal will come before the Planning Commission in February. Mr. Hewicker stated that Councilman Sansone has stated that the request also be directed to the Library Board of Trustees and the.City Council. * x .Adjournment A D S O U R N M E N T: 9:50 P.M. • r PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -38-