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Home My WebLink About12/07/1989COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers �d� • din TIME: 7:30 P.M. DATE: December 7, 1989 CITY OF NEWPORT BEACH ROOLLCALLIJI 1111 1 1 INDEX Present * * * Commissioner Merrill was absent. (Chairman Pomeroy arrived at Absent * 7:38 p.m. and Commissioner Edwards arrived at 7:40 p.m.) EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary • Minutes of November 9. 1989: Motion * Motion was made and voted on to approve the November 9, Ayes 1989, Planning Commission Minutes. MOTION CARRIED. Absent s s s Public Comments: No one appeared before the Planning Commission to speak on non - agenda items. Posting of the enda: James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, December 1, 1989, in front of City Hall. • Minutes Public Comments Posting of the Agenda COMMISSIONERS December 7, 1989MINUTES o 0 1\0k\ CITY OF NEWPORT BEACH ROLL CALL INDEX Request for Continuances: Request for James Hewicker, Planning Director, requested that Item No. 15, Continuanc Amendment No. 697, to amend the Mariner's Mile Specific Plan and Discussion Item No. 1, Amendment No. 697, with regard to Nonconforming Structures and Uses, be continued to the January 4, 1990, Planning Commission meeting. Motion was made and voted on to continue Item No. 15 and Motion Ayes * * Discussion Item No. 1 to the January 4, 1990, Planning Absent * Commission meeting. MOTION CARRIED. Exception Permit No. 35 (Discussion) Item No l EP 35 Request to permit the construction of one off -site identification sign for the Villa Point Apartments on property located in Area 2 of the Villa Point Planned Community. The proposed sign will Approved . contain 47 square feet of sign area. LOCATION: Portions of Blocks 55 and 94, Irvine's Subdivision, located at 1200 East Coast Highway on the northeasterly corner of Jamboree Road and East Coast Highway, in the Villa Point Planned Community. ZONE: P -C APPLICANT: Habitat, Inc., Tempe, Arizona OWNER: The Irvine Company , Newport Beach Mr. David McMahon, representing Regis Contractors, appeared before the Planning Commission. Mr. McMahon concurred with the findings and conditions in Exhibit "A ". Motion * Motion was made and voted on to approve Exception Permit No. Ayes * * * 35 subject to the findings and conditions in Exhibit "A ". Absent MOTION CARRIED. . FINDINGS: 1. That the proposed sign will be compatible with surrounding land uses. -2- COMMISSIONERS December 7, 1989MINUTES . o ' CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the proposed off -site sign will not have any significant environmental impact. 3. That the proposed off -site sign is consistent with the character and design of the apartment project under construction on the adjoining property. Furthermore, multiple- family residential uses . are proposed on the subject property, and the proposed sign will also identify said development. 4. That the sign at the intersection of Jamboree Road and Back Bay Drive will not adversely impact the neighboring residential uses. 5. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, or the Villa Point Planned Community Development Standards, and will not be materially detrimental to the health, safety, comfort or general welfare of persons • residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plans and elevation. 2. That the applicant shall obtain a building permit for the proposed sign prior to installation. 3. That the location of the sign shall be approved by the City Traffic Engineer for sight distance. s a s -3- COMMISSIONERS December 7, 1989MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Resubdivision No. 908 (Public Hearing) Item No.2 R908 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. Approved LOCATION: Lots 7 and 8, Block 432, Canal Section, located at 500 and 502 Clubhouse Avenue, on the northeasterly comer of Clubhouse Avenue and Finley Avenue, in West Newport. ZONE: R -2 APPLICANT: Bayland Co., Balboa OWNER: Same as applicant ENGINEER: Erich Ziebarth, Fountain Valley The public hearing was opened in connection with this item, and Mr. Ron Knudtson, applicant, appeared before the Planning Commission. Mr. Knudtson 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 * * 908 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. -4- COMMISSIONERS December 7, 1989MINUTES o a 0 \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. 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 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 drive apron be removed and replaced with curb and sidewalk, and the displaced section of sidewalk be reconstructed along the Clubhouse Avenue frontage; that a curb access ramp be constructed at the alley at Finley Avenue; and that all work 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. -5- COMMISSIONERS December 7, 1989MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 9. That a park dedication fee for four dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code. • • 10. That a 10 foot radius corner cutoff at the corner of Clubhouse Avenue and Finley Avenue be dedicated to the city. 11. That the curb return at the corner of Clubhouse Avenue and Finley Avenue be reconstructed on a 15 foot radius return with a handicap ramp included unless otherwise approved by the Public Works Department. The construction of these improvements will require the relocation of an existing power pole and an existing catch basin. All work shall be completed under an Encroachment Permit issued by the Public Works Department. 12. That the power pole guy wire in the alley be relocated so that garage access can be obtained from the alley. 13. 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. s s : Resubdivision No. 909 (Public Hearing) 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. LOCATION: Lot 11, Block 629, Corona del Mar, located at 611 Begonia Avenue, on the northwesterly side of Begonia Avenue, between Third Avenue and Fourth Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Mark Lee, Corona del Mar OWNER: Donald L. Lee, Corona del Mar M2 Item No.3 R909 Approved COMMISSIONERS December 7, 1989MINUTES ` 1\41 ON .,NI\ CITY OF NEWPORT BEACH ROLL CALL INDEX ENGINEER: Alpine Consultants, Inc., Laguna Hills The public hearing was opened in connection with this item, and Mr. Todd Schooler, representing the applicant, appeared before the Planning Commission. In response to Mr. Schoolees request for a clarification of Condition No. 7 with regard to the parkway trees, Don Webb, City Engineer, explained that the applicant should attempt to prune the trees; however, if the tree roots are damaged then the applicant is responsible to replant the trees. Mr. Schooler 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 - * 909, 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. -7- COMMISSIONERS December 7, 1989MINUTES � 0 CITY OF NEWPORT BEACH ROLL CALL INDEX 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 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 trees within the parkway adjacent to Begonia Avenue be root pruned or replanted as approved by the Parks, Beaches and Recreation Department and the tree - damaged sidewalk be reconstructed along the Begonia Avenue frontage 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 a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 10. 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. • -8- COMMISSIONERS December 7, 1989MINUTES .0 0 CITY OF NEWPORT BEACH ROLL CALL INDEX Resubdivision No. 912 (Public Hearing) stem No.4 Request to resubdivide an existing lot into a single parcel of land 8912 for two family residential condominium development on property located in the R -2 District. Approved LOCATION: Lot 5, Block 7, Tract No. 27, located at 3238 Broad Street, on the easterly side of Broad Street, between Westminster Avenue and Bolsa Avenue, in Newport Heights. ZONE: R -2 APPLICANT: Renato Trotta, Irvine OWNER: Same as applicant ENGINEER: Duca - McCoy, Inc., Corona del Mar The public hearing was opened in connection with this item, and Mr. Renato Trotta, applicant, appeared before the Planning Commission. Mr. Trotta 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 * * * 912, subject to the findings and conditions in Exhibit "A ". Absent MOTION CARRIED. 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. Ia COMMISSIONERS December 7, 1989MINUTES ` A d 0 �O O' \ 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. 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 sidewalk improvements be constructed along the Broad Street frontage under an encroachment permit issued by the Public Works Department. 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 a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 8. 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. -10- COMMISSIONERS December 7, 1989MINUTES 0 d CITY OF NEWPORT BEACH ROLL CALL INDEX Final Map of Tract No. 14028 (Discussion) Item No.s FTMI4028 Request to approve the Final Map of Tract No. 14028, subdividing 1.00 acre of land into a single lot for an 18 unit residential condominium development on property located in the Approved R -3 (1,900) SPR District. LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road, in Corona Highlands. ZONE: R -3 (1,900) SPR APPLICANT: Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine Dion * Motion the Final Map of was made and voted on to approve Ayes * * * * * * Tract No. 14028 subject to the finding and condition in Exhibit Absent "A ". MOTION CARRIED. Finine: 1. That the Final Map of Tract No. 14028 substantially conforms to the Tentative Map of said Tract and with all changes permitted and all requirements imposed as conditions to its acceptance. Condition: 1. That all conditions imposed by the City Council in conjunction with its approval of the Tentative Map of Tract No. 14028 shall be fulfilled. Use Permit No. 3367 (Public Hearing) Item No.6 Request to permit the establishment of a restaurant with on -sale UP3367 beer and wine on property located in Commercial Area 3 of the North Ford /San Diego Creek Planned Community. -11- COMMISSIONERS December 7, 1989MINUTES CITY OF NEWPORT BEACH ROLL CALL I Jill I I INDEX LOCATION: A portion of Lot 6, Tract No. 12309, located Approved at 1260 Bison Avenue, on the northwesterly corner of MacArthur Boulevard and Bison Avenue, in the North Ford /San Diego Creek Planned Community. ZONE: P -C APPLICANT: Aubry Group, Inc., Fort Worth, Texas OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Mr. Lloyd Newton, applicant, appeared before the Planning Commission. Mr. Newton concurred with the findings and conditions in Exhibit "A ". Commissioner Glover addressed Condition No. 14 with regard to staff's recommended hours of operation between 7:00 a.m. and 12:00 midnight, the suggested hours of operation permitted for "Specialty Food" service facilities; however, she said the applicant proposes to operate the restaurant between 11:00 a.m. to 10:30 p.m. daily, and proposes to sell liquor in a residential neighborhood. In response to Commissioner Glover's concern, James Hewicker, Planning Director, explained that the suggested operating hours compare with the operating hours of the "Specialty Foods" service facilities recently approved by the City Council and said establishments will be able to open earlier than what the applicant has proposed. He explained that said condition would allow the restaurant to open earlier without amending the subject use permit. Commissioner Pers6n commented that use permits are frequently amended so as to allow restaurants to open earlier than originally requested. Chairman Pomeroy concurred. Commissioner Edwards addressed Condition No. 7 with regard to waiving the parking lot illumination. William Laycock, Current Planning Manager, explained that the Restaurant Ordinance states that the light standards cannot exceed a height of 10 feet, and inasmuch as the existing light standards in the . shopping center exceed 10 feet, staff has recommended that said standard be waived. -12- COMMISSIONERS December 7, 1989MINUTF-S E0 =CITY OF NEWPORT BEACH ROLL CALL III Jill I I INDEX 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. 3367, Ayes * * * subject to the findings and conditions in Exhibit "A ". MOTION Absent CARRIED. • 1. The proposed restaurant is consistent with the General Plan and the North Ford /San Diego Creek Planned Community Development Standards, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed restaurant use can be adequately served by existing on -site parking. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. The Police Department has no objections with the proposed development. 6. That the waiver of development standards as they pertain to walls and parking lot illumination will not be detrimental to the adjoining properties inasmuch as the North Ford /San Diego Creek Planned Community Development Standards adequately addresses these items. That the approval of Use Permit No. 3367 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. -13- COMMISSIONERS December 7, 1989MINUTES o� 0 CITY OF NEWPORT BEACH ROLL CALL INDEX CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plans, floor plans, and elevations. 2. That all signs shall conform to the provisions of the North Ford /San Diego Creek Planned Community Development Standards. 3. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 4. That a trash compactor be provided in the restaurant facility. 5. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 6. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 7. That restaurant development standards pertaining to walls and parking lot illumination shall be waived. 8. That dancing shall not be permitted in the restaurant unless an amendment to this use permit is approved. 9. That live entertainment shall not be permitted in the restaurant unless an amendment to this use permit is approved. 10. That all restaurant employees shall be required to park on -site at all times during the time which the restaurant is operating. • 11. That no temporary "sandwich" signs shall be permitted to advertise the restaurant facility. -14- COMMISSIONERS December 7, 1989MINUTES ` o � � 0 CITY OF NEWPORT BEACH ROLL CALL INDEX 12. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining residential properties overlooking the shopping center. 13. That one parking space for each 40 sq.ft. of "net public area" in the restaurant facility shall be provided on -site. 14. That the hours of operation shall be limited between the hours of 7:00 am. and 12:00 midnight daily, unless an amended use permit is approved by the Planning Commission. 15. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 16. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3369 (Public Hearing) Item No.7 Request to permit the establishment of a restaurant with on -sale UP3369 alcoholic beverages on property located in Commercial Area 3 of the North Ford /San Diego Creek Planned Community. Approved LOCATION: A portion of Lot 6, Tract No. 12309, located at 1220 Bison Avenue, on the northwesterly corner of Bison Avenue and MacArthur Boulevard, in the North Ford /San Diego Creek Planned Community. ZONE: P -C APPLICANT: Cathay Newport, Pacific Palisades • OWNER: The Irvine Company, Newport Beach item, The public hearing was opened in connection with this and Mr. Ricky Luk, applicant, . appeared before the Planning -15- COMMISSIONERS December 7, 1989MINUTES rO o, o CITY OF NEWPORT BEACH ROLL CALL INDEX Commission. Mr. Luk 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. 3369 Ayes * subject to the findings and conditions in Exhibit "A ". MOTION Absent * CARRIED. FINDINGS: 1. The proposed restaurant is consistent with the General Plan and the North Ford /San Diego Creek Planned Community Development Standards, and is compatible with surrounding land uses. 2. The project will not have any significant environmental • impact. 3. That the proposed restaurant use can be adequately served by existing on -site parking. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. S. The Police Department has no objections with the proposed development. 6. That the waiver of development standards as they pertain to walls and parking lot illumination will not be detrimental to the adjoining properties inasmuch as the North Ford /San Diego Creek Planned Community Development Standards adequately addresses these items. 7. That the approval of Use Permit No. 3369 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. -16- COMMISSIONERS December 7, 1989MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plans. 2. That all signs shall conform to the provisions of the North Ford /San Diego Creek Planned Community Development Standards. 3. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 4. That a trash compactor be provided in the restaurant facility. • 5. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 6. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 7. That restaurant development standards pertaining to walls and parking lot illumination shall be waived. 8. That dancing shall not be permitted in the restaurant unless an amendment to this use permit is approved. 9. That live entertainment shall not be permitted in the restaurant unless an amendment to this use permit is approved. 10. That all restaurant employees shall be required to park on -site at all times during the time which the restaurant is operating. • 11111111 11. That no temporary "sandwich" signs shall be permitted to advertise the restaurant facility. -17- COMMISSIONERS i` ROLL CALL • • December 7, 1989MINUTES CITY OF NEWPORT BEACH 12. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining residential properties overlooking the shopping center. 13. That one parking space for each 40 sq.ft. of "net public area" in the restaurant facility shall be provided on -site. 14. That the hours of operation shall be limited between the hours of 7:00 a.m. and 12:00 midnight daily, unless an amended use permit is approved by the Planning Commission. 15. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 16. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. a : : Use Permit No 306 (AAmended)(Continued Public Hearing) Request to review a previously approved use permit which permitted a change in the operational characteristics of an existing nonconforming restaurant facility located in the "Retail and Service Commercial" area of the Cannery/Village McFadden 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 four; the deletion of the valet parking service; and a modification to the Zoning Code so as to allow three standard 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. on INDEX Item No.8 UP3306A Approved COMMISSIONERS ROLL CALL • December 7, 1989MINUTES CITY OF NEWPORT BEACH INDEX LOCATION: Parcel 1 of Parcel Map 129 -7-8 (Resubdivision No. 600), located at 501 30th Street, on the northeasterly comer 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 Commissioner Pers6n stepped down from the dais inasmuch as his personal residence is within 150 feet from the subject site. James Hewicker, Planning Director, addressed the change in the hours of metered parking on the streets in Cannery Village adjacent to the Municipal Parking Lot from between 8:00 am. and 5:00 p.m. daily to 6:00 p.m., and in the Municipal Parking Lot from between 8:00 a.m. and 5:00 p.m. to 10:00 p.m., effective January 1, 1990. He explained that because of the change in the hours of metered parking that there may be more of a demand for parking in the restaurant's parking lot and an increase in street parking. In response to a question posed by Commissioner Edwards, Mr. Hewicker explained that inasmuch as the metered street parking will terminate earlier than the Municipal Parking Lot that the patrons and the public -at -large will be parking on the street. In response to questions posed by Commissioner Debay with regard to the hourly change in the parking meters, Don Webb, City Engineer, explained that the only sign provided to state the metered hours will be in the meters. He further replied that the Municipal Parking Lots throughout the City would be affected by the new metered hours. William Laycock, Current Planning Manager, explained that the parking meters located in commercial and residential areas would be in effect so as to allow the residents to park free on the streets between 6:00 p.m. and 8:00 a.m. • The public hearing was opened in connection with this item, and Mr. Joe Sperrazza, applicant, appeared before the Planning Commission. Mr. Sperrazza supported Exhibit 'W, findings and conditions, as requested by the applicant. He indicated that when -19- COMMISSIONERS December 7, 1989MINUTES �o� 0 �� CITY OF NEWPORT BEACH ROLL CALL I INDEX Use Permit No. 3306 was approved at its meeting on December 10, 1987, the Municipal Parking Lot was not located adjacent to the restaurant and valet parking was required. He explained that because of the failure of the valet parking operation and the opening of the Municipal Parking Lot, that the condition requiring valet parking be deleted. Mr. Sperrazza commented that the restaurant would post a sign at the restaurant's front entrance stating the operating hours of the parking meters in the Municipal Parking Lot. In response to a question posed by Commissioner Debay, Mr. Sperrazza stated that he would support the findings and conditions in Exhibit "B ", the Traffic Engineer and Public Works recommendations, with the exception of Condition No. 11, stating "that the existing service yard fencing shall be relocated to provide a minimum 5 foot clearance from the alley right -of- way." Mr. Sperrazza commented that the service yard fencing has been on the subject site since the building was constructed, it shields the service area, and it would be a major project to move the • fence. Don Webb, City Engineer, explained that inasmuch as two parking spaces are located adjacent to the subject wall, that the wall should be moved to provide a setback area so as to allow more space for automobiles to maneuver. He said that the wall was constructed without permits. In response to a question posed by Chairman Pomeroy, Mr. Sperrazza replied that he leases the property. Mr. Sperrazza stated that the foregoing parking spaces are proposed for employees that will be leaving the restaurant late at night. In response to a question posed by Chairman Pomeroy with regard to parking space striping, Mr. Sperrazza explained that he is waiting for Coastal Commission approval. He commented that a shed was removed so as to provide the required parking spaces. In response to a question posed by Commissioner Debay, Mr. Sperrazzo explained that to move the service yard fencing five feet would be a financial responsibility that may not serve a useful purpose. He explained that the area behind the wall encloses equipment that services the restaurant. Chairman Pomeroy asked if the applicant would agree with a . modified Condition No. 11 requiring the area to be used for employee parking if the wall remained. Mr. Sperrazzo stated that he would not object to said modified condition. -20- COMMISSIONERS December 7, 1989MINUTES' � � o �00iP CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a concern expressed by Commissioner Glover with regard to the restaurant's live entertainment, Mr. Hewicker explained that since entertainment was approved in 1987 there have not been any noise complaints. In response to a question posed by Commissioner Debay, Mr. Webb replied that if the parking area adjacent to the wall were to be provided for employees, vehicles would be backing out blindly into the alley; therefore, he suggested that the parking space be removed. In response to a question posed by Commissioner Debay, Mr. Laycock explained that the restaurant is deficient by 18 parking spaces. Chairman Pomeroy and Mr. Webb discussed the nighttime use of the on -site parking lot. Mr. Webb commented that the existing chains and pipes on the rear property line make it difficult for automobiles to maneuver in the narrow alley. He explained that staff regularly requires a 10 foot rear yard setback adjacent to narrow alleys for circulation and safety. . In by Commissioner Edwards, Mr. response to questions posed Sperrazzo explained that the service yard fence extends 20 feet adjacent to Villa Way, and approximately 40 feet along the alley; that he would not refuse to remove the fence even though it would not be financially beneficial; that the restaurant employs 18 part -time and 5 full time employees; that he supports metered parking; and metered parking will not affect the restaurant. Commissioner Debay addressed Finding No. 7, Exhibit 'B ", requesting the removal of the chain and pipe barriers adjacent to the alley. Mr. Sperrazzo did not object to the removal of the chains; however, he said that during the day the public may use the parldng lot instead of metered parking. Mr. Webb commented that staff would not object if the chain and pipe barriers were moved back to the 10 foot rear yard setback line as opposed to the alley line; however, he said the restaurant is using some of the setback area for parking. In response to a question posed by Commissioner Debay, Mr. Webb replied that if the chain and pipe barrier were removed, and the existing service yard fencing remained, that staff would have a concern regarding the safety of an automobile backing out into the alley. • Mr. Sperrazzo and Chairman Pomeroy discussed the relocation of the trash enclosure and the proposed parking space between the trash enclosure and the service yard so as to create better vehicular maneuverability adjacent to the alley. -21- COMMISSIONERS December 7, 1989MINUTF-S ,o 0 �O CITY OF NEWPORT BEACH ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion 0 Motion was made to approve Use Permit No. 3306 (Amended) subject to the findings and conditions in Exhibit 'B ". Chairman Pomeroy suggested that Condition No. 11 be modified to state that the trash enclosure and the proposed parking space between the trash enclosure and the service yard fence be relocated to the satisfaction of the Public Works Department. The maker of the motion concurred. Discussion ensued regarding Finding No. 7 in Exhibit 'B" with respect to the chain and pipe barriers and the two parking spaces closest to the alley in the existing on -site parking lot. Commissioner Edwards supported the motion as stated. Motion was voted on to approve Use Permit No. 3306 (Amended) subject to the findings and conditions in Exhibit 'B ", including modified Condition No. 11 as follows: '"That the trash enclosure and the perpendicular parking space adjacent to said * * * * trash enclosure be relocated to the satisfaction of the Public Absent * Works Department" MOTION CARRIED. FINDINGS: 1. The restaurant facility is consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed parking lot restriping will not result in a reduction of the number of parking spaces which were provided by the previous Ambrosia Restaurant, prior to the introduction of the full-time valet parking service, and that the facility can be adequately served by the parking which can be provided on -site. 4. That the parking spaces proposed to encroach into the required 10 foot alley setback will not interfere with loading and unloading of commercial vehicles adjacent to the alley. -22- COMMISSIONERS December 7, 1989MINUTES: ` �o 0 4 �O� CITY OF NEWPORT BEACH ROLL CALL INDEX 5. That the proximity of the off -site parking in the Cannery Village Municipal Parking Lot and the on -street parking are available for use of the subject restaurant as well as the general public. 6. That the Police Department does not anticipate any parking problems associated with restriping of the parking lot. 7. That the removal of the chain and pipe barriers and the relocation of the existing trash enclosure and adjoining perpendicular parking space located in the 10 foot rear yard setback adjacent to the alley will improve vehicular access and circulation to the subject property and other properties adjacent to the alley. The removal will also provide two additional parking spaces which will reduce the existing parking deficiency to 16 parking spaces. 8. That the waiver of development standards as they pertain to traffic circulation, walls, a portion of the parking and landscaping, parking lot illumination and underground utilities will not be detrimental to the adjoining properties. 9. That the approval of a modification to the Zoning Code, so as to allow a portion of three parking spaces and a trash enclosure to encroach into the required 10 foot rear yard setback adjacent to the alley will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. In addition, the proposed parking design will provide adequate vehicular circulation on the lot and will be utilized more by patrons than the valet parking service. 10. The approval of Use Permit No. 3306 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare • of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -23- COMMISSIONERS December 7, 1989MINUTES C ITY OF NEWPORT BEACH 1. That the proposed development shall be in substantial conformance with the approved plot plan/parking layout except as noted below. 2. That a minimum of 42 parking spaces shall be provided on -site. 3. That all applicable conditions of approval of Use Permit No. 3306 (Amended) shall remain in effect. 4. That the "net public area" shall not exceed the permitted 2,166 sq.ft. approved by Use Permit No. 3306 (Amended). -24- 5. That restaurant development standards pertaining to traffic circulation, walls, a portion of the parking and landscaping, parking lot illumination, and underground utilities shall be waived. 6. That the existing landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 7. That Coastal Commission approval shall be obtained prior to the restriping of the parking lot. 8. That dancing shall not be permitted in the restaurant unless an amendment to this use permit is approved. 9. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 10. That the pipe and chain barriers in the alley setback shall be removed. 11. That the trash enclosure and the adjoining perpendicular parking space shall be relocated to the satisfaction of the Public Works Department. 12. 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 -24- COMMISSIONERS December 7, 1989MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 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. 13. That the Planning Commission may add to or modify conditions of approval to the 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 if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. A Use Permit No 3365 (Continued Public Hearing) Item No.9 • UP3365 Request /commercial to approve a mixed use residential development containing general office use on the ground floor and one dwelling unit on the second floor, on property located SPR53 in the 'Recreational and Marine Commercial' area of the Approved Cannery Village /McFadden Square Specific Plan Area. The proposal also includes a request to approve a use permit so as to: allow commercial development of 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 conjunction with an Incentive Use occupying at least 40% of the 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 B Site Plan Review No 53 (Continued Public Hearing) 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 floor, on property located in the "Recreational and Marine • Commercial' area of the Cannery Village /McFadden Square Specific Plan Area. -25- COMMISSIONERS December 7, 1989MINUTES. �0 \CITY OF NEWPORT BEACH ROLL CALL INDEX LOCATION: Lot 3, Block 425, Lancaster's Addition, located at 2804 Lafayette Avenue, on the easterly 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 Commissioner Pers6n stated that he resides within 300 feet of the subject site; however, he has been advised by the City Attorney's Office that he would be able to participate in the subject application inasmuch as the subject project would not have an impact on his property and he would not have any financial gains. Commissioner Edwards stepped down from the dais because of a possible conflict of interest. James Hewicker, Planning Director, addressed public access to the bay, and he stated that the Cannery Village Specific Area Plan and the Land Use Plan of the Local Coastal Program as approved by the Coastal Commission requires public access to the water except where certain conditions exist. Mr. Hewicker indicated that said conditions are stated in the staff report. He said that vertical access to the bay exists at the street end of 28th Street, and horizontal access exists across the bayside portion of the project that is immediately to the east of the subject site, and he explained the easement requirements that were imposed on the project that was approved west of the subject site in 1976. Mr. Hewicker commented that the proposed easement would provide a link to the required public access specified under the Specific Area Plan and the Land Use Plan. Mr. Hewicker also addressed the location of the bulkhead. Commissioner Debay and Mr. Hewicker discussed the easements of adjacent properties and the subject easement. Mr. Hewicker advised that staff suggested the approval of the Coastal Commission on the basis that if the Coastal Commission does . not allow the perpendicular link, that it would not be advisable to obtain the easement. -26- COMMISSIONERS December 7, 1989MINUTES � � e CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Pers6n commented that continuous public access has been provided for every project that has been approved by the City, and the easement be constructed at the time the construction occurs. He commented that there has been discussion with the applicant of an irrevocable offer to construct or dedicate an easement in the future. Commissioner Pers6n stated that the idea is for the public to walk from 19th Street to the Rhine Channel. Commissioner Pers6n suggested a condition requesting an irrevocable offer to dedicate in perpetuity for easement purposes, or otherwise, at the request of the City. Mr. Hewicker advised that it would be necessary to move the bulkhead located on the subject property and on the property west of the subject site. Commissioner Glover stated that it is important that the public have access to the bay. In response to a question posed by Chairman Pomeroy, Mr. Hewicker advised that the Coastal Commission opposes moving the bulkhead out and permitting in -fill behind the relocated bulkhead, but the Commission also opposes structures or cantilevered decks over the water. He explained that to connect the horizontal portion of the proposed project with the horizontal segment of the adjacent project, that a dogleg may be required and the Coastal Commission may oppose the dogleg inasmuch as it would have to be constructed over the water. Discussion ensued with respect to what type of structure could be constructed that the Coastal Commission would support over the water. Commissioner Debay addressed the difference of opinion between the Coastal Commission and the City with respect to the construction of decks. In response to a question posed by Commissioner Debay with respect to the dedication of a walkway, Mr. Hewicker explained that the applicant could offer to grant the easement and build the walkway in perpetuity at the request of the City and /or the Coastal Commission. Commissioner Debay and Mr. Hewicker discussed the dogleg. The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King & Associates, appeared before the Planning Commission on behalf of the applicant. Mr. King • reviewed the subject application, and he addressed the extended bulkheads and public access across the adjacent properties. Mr. King stated that the applicant has discussed the bulkhead with -27- COMMISSIONERS December 7, 1989MINUTES! vO o ¢0 CITY OF NEWPORT BEACH ROLL CALL INDEX the Coastal Commission, and that he requests to develop the property as it exists and only repair the existing bulkhead. He explained that the public access to be constructed would either be a cantilevered deck or a deck with pilings sunk into the water. Mr. King commented that the applicant is willing to make the dedication as required; however, he said that the applicant is concerned with the liability. He stated that the project is proposed to be .60 below the FAR (Floor Area Ratio), and if the project were constructed to the allowable floor area ratio the applicant would not be able to provide the required number of parking spaces. Mr. King advised that there have been projects in the City that allowed a dedication without construction of public access, and he addressed previous difficulties to provide public access on the site. Chairman Pomeroy asked if the applicant would agree to construct the public access when the adjacent property is improved. Mr. King responded that the applicant would like to make some comments regarding this matter. In by Commissioner Glover, Mr. response to a question posed King stated that the applicant opposes Conditions No. 2 and No. 3 in Exhibit "A" requiring the dedication and construction of the public access along the entire water frontage of the site. He explained that the applicant has requested that the request be delayed until the adjacent property is developed. Mr. King further explained that the construction as requested would allow for a continuous access as opposed to an unsafe condition that would place the applicant in liability. Mr. King concurred with Commissioner Debay that the applicant would prefer Condition No. 2 requesting dedication, and to delete Condition No. 3 regarding construction of a physical connection at the present time. Mr. King and Commissioner Pers6n discussed the dedication and construction requirements of the residential condominium project located on Lido Park Drive. Commissioner Pers6n stated that he was always of the opinion that applicants are responsible to construct the public access. Commissioner Debay clarified her comment with regard to Condition No. 3 to state "that the applicant shall construct a physical connection at his expense at such time.." . Mr. Russell Fluter, applicant, appeared before the Planning Commission. Mr. Fluter responded that any improvements that he agreed to he would be willing to provide at his expense as a -28- COMMISSIONERS December 7, 1989MINUTES rO o �O CITY OF NEWPORT BEACH ROLL CALL INDEX performance bond, etc. Chairman Pomeroy asked if the Planning Commission agreed to require the dedication, would he be willing to construct the public access when the adjacent lot dedicates public access. Mr. Fluter stated that when he purchased the subject property he did not believe that he would be required to develop the public access as requested. Mr. Fluter explained that the reason why he opposes the access is because the development is a potential owner /occupied residence in conjunction with the commercial use on the first floor, and foresees problems with potential vagrancies inasmuch as the area is hidden from public view. He commented that he agrees with public access; however, the condition is an unfair burden on a lot that is 30 x 70 feet. Mr. Fluter addressed his concerns with regard to the liability and the lack of lighting on the proposed walkway. Mr. Fluter urged the Planning Commission to require only the dedication across the front of the subject property, or allow a 21 year irrevocable offer to dedicate. Chairman Pomeroy asked if the applicant dedicates and • constructs the public access, is the property the City's and the liability passed directly to the City. Robin Flory, Assistant City Attorney, explained that the access would still be the applicant's property but he would only be granting a public access over said property. Commissioner Pers6n asked what purpose is an easement when the public would not have access? Mr. Fluter addressed the possible extension of land and the numerous agencies that he had meetings with regarding a bulkhead extension. In response to a question posed by Commissioner Debay with regard to only the dedication of the easement at this time, Mr. Fluter agreed to connect the easement with the adjoining properties in the future. Commissioner Glover addressed Mr. Fluter's concerns regarding liability, and she commented that based on the type of privacy the development requires, the project should not be constructed on the site inasmuch as the City has made a commitment for public access to the Bay from Cannery Village. He said that inasmuch as the proposed access would not be an easy access, the public may not use it frequently and regardless of the proposed use, he would have the same concerns about a public • walkway. _29_ COMMISSIONERS December 7, 1989MINUTES A 1i �0�� CITY OF NEWPORT BEACH ROLL CALL ft I INDEX Commissioner Di Sano compared developments on the Peninsula that have easy access to walk around, with what he considered is a cul -de -sac area at the subject location. He suggested an irrevocable dedication with a promise to pay for the improvements when a " stringline concept" of an easement could be established when the entire block could be walked without being a potential vagrant area. Commissioner Pers6n commented that the stringline concept would be based on City and Coastal Commission requests. Mr. King reappeared before the Planning Commission to concur with the findings and conditions contained in the staff report, and he said that the applicant agrees to the dedication. 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. 3365, Site Plan Review No. 53 and related environmental document, subject to the findings and conditions in Exhibit "A ", that Conditions No. 2 and No. 3 be combined as follows: That prior to the issuance of building permits, the applicant shall execute an agreement acceptable to the City Attorney which will offer to dedicate a six foot wide public access easement along the entire waterfrontage of the subject property and along a portion of the southwesterly side property line sufficient to make the required physical connection with the public access easement on the adjoining property located at 2800 Lafayette Avenue. That said document shall provide that the construction of the physical connection of the access shall be constructed by the applicant at such time as requested by the City of Newport Beach subject to the approval of the Coastal Commission." Commissioner Debay asked if the condition could be modified to include the adjacent property located at 2806 Lafayette Avenue at which time the walk could be connected so the access does not deadend in the front of the subject property. Commissioner Pers6n concurred, and he modified the condition to "such request for the physical connection shall not be made until the adjacent property located at 2806 Lafayette Avenue has the same requirement." Commissioner Di Sano addressed his concern that the walkway not deadend. Commissioner Pers6n stated that the intent of the -30- COMMISSIONERS December 7, 1989MINUTES!, CITY OF NEWPORT BEACH ROLL CALL INDEX motion is that a future Planning Commission and staff would require the property owner to construct the easement. Commissioner Glover did not support the motion based on the applicant not providing public access, and she concluded that the project is not an appropriate use of the site. Commissioner Glover commented that the applicant should provide access from the street or from the bay, inasmuch as that is what the McFadden Square /Cannery Village Specific Area Plan requests and a precedent is being set. Commissioner Glover stated that she understands that the applicant is providing access but not construction. Motion was voted on to approve Use Permit No. 3365, Site Plan Ayes * * Review No. 53 and related environmental document, including No modified Condition No. 2 as stated. MOTION CARRIED. Absent A. Environmental Document: • 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That based on the information contained in the environmental document, the proposed design of the project will reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. B. Use Permit No. 3365: Findinim 1. That incentive uses are provided by the development which allow the establishment of general office or commercial uses. 2. That the proposed commercial space constitutes a • significant portion of the development. -31- COMMISSIONERS December 7, 1989MINUTES A CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That the proposed commercial development is large enough to accommodate a viable business. 4. That the design of the development or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. The approval of Use Permit No. 3365 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 and further that the proposed modification for a commercial tandem parking space is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans and elevations, except as noted below. 2. That prior to the issuance of building permits, the applicant shall execute an agreement acceptable to the City Attorney which will offer to dedicate a six foot wide public access easement along the entire water frontage of the subject property and along a portion of the southwesterly side property line sufficient to make the required physical connection with the public access easement on the adjoining property located at 2800 Lafayette Avenue. That said document shall provide that the construction of the physical connection of the access shall be constructed by the applicant at such time as requested by the City of Newport Beach and subject to the approval of the Coastal Commission. That such request for the physical connection shall not be made until the adjacent property located at 2806 Lafayette Avenue has the same requirement. 3. Deleted. -32- COMMISSIONERS December 7, 1989MINUTES � o d� �a CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That only one dwelling unit shall be permitted on the site. 5. That the two garage parking spaces (including a tandem parking space) shall be for the exclusive use of the residential unit on the site. 6. That a one tandem parking space and one independently accessible parking space shall be provided for the commercial use on the property. 7. That all improvements be constructed as required by Ordinance and the Public Works Department. 8. 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. 9. That the commercial and residential units be served with individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 10. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 11. That the existing drive apron be removed and new drive aprons be constructed on Lafayette Avenue as approved by the Public Works Department and that the existing parking meter be relocated or removed as approved by the City Traffic Engineer. Any relocation of additional parking meters needed because of the subject development shall be completed by the applicant. All work shall be completed under an encroachment permit issued by the Public Works Department. 12. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in • conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to -33- COMMISSIONERS December 7, 1989MINUTES � d lb �O �� N CITY OF NEWPORT BEACH ROLL CALL INDEX be a minimum elevation of 9.00 above M.L.L.W. (627 MSL). 13. That County Sanitation District fees be paid prior to issuance of any building permits. 14. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 15. That the applicant obtain the approval of the City Council for the proposed curb cut on Lafayette Avenue inasmuch as its width will exceed 50 percent of the property street frontage. 16. That the boat slips bayward of the site shall only be used in conjunction with the proposed residential dwelling and office use on the site. . 17. 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. 18. 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. C. Site Plan Review No. 53: in 'n 1. That the proposed site plan gives due regard to the aesthetic qualities of the harbor. 2. That the site does not contain any unique landforms such as coastal bluffs. 3. That the development is compatible with the character of the neighborhood and will contribute to the orderly and harmonious development of surrounding properties and the City. -34- COMMISSIONERS December 7, 1989MINUTES 1L\\A\\ CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That the proposed development provides substantial public views from the public waterway. 5. That there are no environmentally sensitive areas on -site. 6.. The property does not contain any areas of unique geologic hazards. 7. The development is consistent with the General Plan, the Local Coastal Program, Land Use Plan and the Cannery Village /McFadden Square Specific Area Plan. 8. That there are no archeological or historical resources on- site. 9. That the site is not adjacent to any residential district. Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans and elevations, except as noted below. 2. That all conditions of approval for Use Permit No 3365 shall be fulfilled. The Planning Commission recessed at 9:10 p.m. and reconvened at 9:20 p.m. Variance No. 1158 (Public Hearing) Item No.lo Request to permit the construction of a single family dwelling on V1158 property located in the R -1 District which exceeds 1.5 times the buildable area of the site; and the acceptance of an Approved environmental document. LOCATION: A portion of Block D, Corona del Mar, located at 2209 Pacific Drive, on the • southwesterly side of Pacific Drive, between Avocado Avenue and Acacia Avenue, in Corona del Mar. -35- COMMISSIONERS December 7, 1989MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX ZONE: R -1 APPLICANTS: Mr. & Mrs. Al Ross, Beverly Hills OWNERS: Same as applicants The public hearing was opened in connection with this item, and Mr. Al Ross, applicant, appeared before the Planning Commission. Mr. Ross stated that he purchased the property in October, 1988, contingent on the plans that were approved in concept by the City and the Coastal Commission for a residence of 6,600 square feet. He said that the plans were approved in June, 1988, and his representative spoke to a plan checker prior to his purchase of the property to discuss and verify the plans and footage. Mr. Ross stated that in August, 1989, when the final plans were submitted for approval, the applicant was advised by a plan checker that a mistake had been made for footage allowable which should be 5,500 square feet. Mr. Ross commented that the plans were revised to 5,800 square feet, including a three car garage that was approved by the City Council for access on Bayside Drive. Mr. Ross stated that when he met with staff that he was informed that the requirement is 1.5 times buildable area, and the subject project is 1.74 times buildable area. Mr. Ross rebutted the City Attorney's Memorandum dated December 6, 1989, by stating that the applicants were informed of the zoning and square footage. Mr. Ross explained that the proposed 5,863 square feet would be considered exceptional circumstances inasmuch as the additional square footage would be constructed in the bluff. He commented that if the project is not allowed the structure is not feasible inasmuch as the structure would not be adequate for a family of six plus an adult invalid. Mr. Ross agreed with Commissioner Debay that the increase in square footage is proposed to be constructed into the bluff, and there would not be an increase in height or bulk. In response to a question posed by Commissioner Edwards, Mr. Ross replied that the architect prepared the Environmental Information Report after meeting with staff, and the 5,175 square feet, refers to the buildable area. James Hewicker, Planning Director, explained that the document was prepared because of the concern staff had regarding the amount of grading and alteration of the slope. -36- COMMISSIONERS December 7, 1989MINUTES 0' d o� • cn A. CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Chairman Pomeroy, Mr. Ross explained that two parking spaces are required and the applicant is providing three parking spaces. Mr. Ross and Commissioner Glover reviewed the background of the proposed project. He said that he agreed to the City Council's approval of an Encroachment Permit requesting a 10 foot wall on the property easterly of the subject property and a six foot sidewalk. In response to a question posed by Commissioner Glover, Mr. Ross explained that the plans submitted to the Building Department on March 16, 1989, comprised of more detail but the plans were the same with the exception of the location of a tunnel. Commissioner Pers6n informed Mr. Ross of three findings that need to be supported by facts when granting a variance, and he addressed Finding No. 1 that refers to land, building, or use. Mr. Ross and Commissioner Pers6n discussed the viability of the proposed project. • In response to a question posed by Commissioner Edwards, Mr. Ross replied that an extraordinary circumstance would be the steepness of the grade. Mr. Tim Robertson, 1315 Palms Boulevard, Venice, architect of the project, appeared before the Planning Commission. Mr. Robertson indicated that the primary concern with regard to the site is the steepness of the slope, the parking access is on Bayside Drive, and the structure is on Pacific Drive. He explained that an inordinate amount of space has been used to develop an elevator in the structure, and excavation into the hillside was necessary so as to provide access to Bayside Drive. Mr. Robertson commented that the lot is irregularly shaped creating more open space than what is required. Commissioner Debay concurred that it was important for a prospective buyer to contact the City prior to purchasing a parcel, and she commented that based on the difficulty of the lot, it was imperative that the applicant rely on the information the City provided. Mr. Robertson stated that he reviewed the approval of the plans the City had given the previous property • owner and he saw the Approval in Concept where staff had written on the plans that the project was allowed to be 2 times the buildable area. -37- COMMISSIONERS December 7, 1989MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Pers6n asked what makes it necessary for the applicant to construct over 1.5 times buildable area. Mr. Robertson explained that the steepness of the lot requires an extraordinary amount of space for circulation and to access the elevator that serves the upper floors. He said that if the elevators did not have to be constructed into the hillside, to be able to access the house without going over the height limit, that space could be saved. Discussion ensued between Commissioner Glover, Mr. Robertson and Chairman Pomeroy regarding the square footage that is submerged in the garage area, and a portion of the upper level of the dwelling that is submerged into the hillside. Ms. Susan Baker, 2200 Pacific Drive, appeared before the Planning Commission. Ms. Baker requested a clarification of the proposed building height of 24 feet. Mr. Hewicker explained that the building height is measured above grade, that the average height permits a ridge element of 29 feet so long as the average . height of a roof element does not exceed the 24 foot height limit. Mr. Hewicker addressed the sloping lot of the subject site, and he indicated that the structure is proposed to be approximately six feet above top of curb on Pacific Drive. Ms. Baker displayed photographs depicting landscaping on Pacific Drive and the view from Pacific Drive. Mr. Hewicker advised that the height of the proposed building does not exceed the height limit. Commissioner Pers6n stated that the City protects public views from public property; however, private views are not protected from private property. Ms. Baker opposed the proposed project if the structure's height would exceed the height of the shrubbery along Pacific Drive, inasmuch as her view would be affected. Mr. Hewicker commented that the applicant is not requesting to exceed the height limit but to exceed the floor area into the hillside. Mr. Hewicker advised that the chimney is allowed to be two feet above top of roof at a distance of 10 feet away from the closest portion of the roof. He said that skylights are required to comply with the height requirement. In response to a question posed by Ms. Baker, Mr. Hewicker explained that the existing • grade is verified by the Grading Engineer prior to construction. Mr. Hewicker referred to Condition No. 11 stating that the applicant shall provide verification during the course of -38- COMMISSIONERS December 7, 1989MINUTES CITY OF NEWPORT BEACH ROLLCALL111 Jill I I INDEX construction that the proposed development shall comply with the approved plans. Mr. Tyler Goodwin, 2080 Park Newport, appeared before the Planning Commission on behalf of Ms. Judy Hodges, 2200 Bayside Drive. He explained that Ms. Hodges' property is contiguous with the subject property on the bluff side of Pacific Drive fronting Bayside Drive. Mr. Goodwin submitted Ms. Hodges' letter for the record. He said that Ms. Hodges' opposes the project on the basis that it would depreciate her property because the adjacent structure's bulk would invade her privacy; that it would impair her view; that it would destroy the ecology and features of the bluff, it would increase wind and water erosion of the surrounding area; it would expose 2200 Bayside Drive to more extensive damage during an earthquake or a natural hazard; it would alter the drainage patterns during a' water runoff; and the noise levels would increase. Mr. Goodwin referred to Exhibit "B ", findings for denial, and commented that the applicant does not meet the three requirements to grant the variance. Mr. Goodwin addressed the request to construct the extra square footage submerged in the hillside; that the structure would affect the light and air of 2200 Bayside Drive; that the City erred in plan checking the plans is meritless; that any loss due to the reliance on the alleged error the loss should fall on the party who could most easily have avoided the loss which is the applicant and not an innocent third party, Mrs. Hodges; the length of time to construct the project; that marketing the property would only be to the applicant's advantage, and the project would set a precedent. In response to questions posed by Chairman Pomeroy, Mr. Goodwin stated that the noise level would increase during construction and when the property owners are entertaining. Mr. Goodwin further replied that excavating the hillside would increase the length of construction. Mrs. Nina Hixson, 2121 Bayside Drive, appeared before the Planning Commission in opposition to the subject variance based on the excavation of the hillside and the affect on Bayside Drive. Mrs. Hixson rebutted the findings to approve the subject variance inasmuch as the proposed project would not blend in • aesthetically and would disturb the neighborhood. -39- COMMISSIONERS December 7, 1989MINUTES �0�� S CITY OF NEWPORT BEACH ROLL CALL'J% INDEX Mr. Peter O'Brien, 2223 Bayside Drive, appeared before the Planning Commission. Mr. O'Brien commented that he submitted a letter to the City two months ago regarding his opposition to the excavation of the hillside. Mr. O'Brien stated his concerns with regard to the eruption of the hillside and potential danger on Bayside Drive. Mr. Stan Eaton, Prudential Realty, Laguna Niguel, the realtor representing the applicant, appeared before the Planning Commission. Mr. Eaton addressed the access off of Bayside Drive, the advantages of the curb cut, and the increase in value to the surrounding neighborhood. Ms. Judy Hodges, 2200 Bayside Drive, appeared before the Planning Commission. Ms. Hodges requested that the square footage comply with the permitted buildable area. Mr. Grant Bettingen, neighbor to the east of the subject site, appeared before the Planning Commission. Mr. Bettingen did • not object to the development inasmuch as the project does not impact his property and he commented that the structure would not be detrimental to property values. There being no others desiring to appear and be heard, the public hearing was closed at this time. Chairman Pomeroy stated that the buildable area would be reduced 400 square feet if the applicant eliminated two of the garage parking spaces and constructed a carport. In response to a question posed by Chairman Pomeroy, William Laycock, Current Planning Manager, replied that the applicant is required to provide at least one covered garage space and one open parking space. Mr. Laycock commented that a carport that is roofed but open on the sides or front is prohibited on the front one -half of the lot. On the basis that the Planning Commission is not permitted to grant a variance unless it can make three findings supported by Motion * facts, motion was made to deny Variance No. 1158 subject to the findings in Exhibit "B ". Commissioner Pers6n stated that no facts were presented that would permit him to grant a variance to exceed the allowable floor area ratio. He commented that the facts were not relevant to the application, i.e.: the problems that the architect had with staff is another issue. -40- COMMISSIONERS December 7, 1989MINUTES • 7 CITY OF NEWPORT BEACH ROLL CALL I I I I I I I INDEX Substitute Substitute motion was made to approve Variance No. 1158 and Motion * environmental document subject to the findings and conditions in Exhibit "A ". Commissioner Debay said that "facts" could be a matter of definition and the facts are strong enough to define that there are special circumstances. Commissioner Edwards supported the substitute motion based on the facts in Findings No. 2 and 3 in Exhibit "A" and Finding No. 1 is sufficient to grant the variance. Commissioner PersBn addressed Finding No. 3 in Exhibit "A" as stating that creating a precedent could be detrimental to the general welfare of the neighborhood. Ayes * * * Substitute motion was voted on to approve Variance No. 1158 Noes * and related environmental document, MOTION CARRIED. Absent A. Environmental Document: Accept the environmental document with the following findings and subject to the following mitigation measures: n 'n : 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That based on the information contained in the environmental document, the project incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. Mitieation M 1. Development of the site shall be subject to a grading permit approved by the Building and Planning AhDepartments. 2. The grading permit shall include a description of haul routes, access points to the site, and a watering program -41- COMMISSIONEgqRS December 7, 1989MINUTES �0� � CITY OF NEWPORT BEACH ROLL CALL lilt III INDEX designed to minimize the impacts of haul operations. 3. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department prior to the issuance of the grading permit. A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. . 4. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be furnished to the Building Department prior to the issuance of building permits. 5. Recommendations included in the 1989 Report of Geologic and Foundation Conditions prepared by Ian S. . Kennedy, Engineering Geologist, shall be incorporated into project design where appropriate. The Building Department shall verify the application of the appropriate recommendations prior to the issuance of grading permits. 6. A supplemental foundation design report shall be performed, and any subsequent recommendations incorporated into the design of the project as required by the Building Department. 7. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the public street system, utilities or other public property that might be damaged during excavation and construction of retaining structures and foundations. 8. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and provide a policy of insurance guaranteeing the repair of all damage to private property caused during • excavation and construction of retaining structures and foundations. _42_ COMMISSIONERS December 7, 1989MINUTES A O O ' CITY OF NEWPORT BEACH ROLL CALL INQEX 9. The construction site shall be secured during excavation and the construction of the foundations and retaining structures in such a way as to assure the safety of the public, including protecting pedestrians and motorists along Bayside Drive from falling debris and material. This may be provided through the use of construction security fences designed in such a way as to catch any falling matter. 10. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 11. No construction storage or delivery of materials shall be allowed within the Bayside Drive right -of -way. 12. Construction activities will be conducted in accordance with the Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 am. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays and • holidays. Hand excavation activities which involve the use of stone drills, jack hammers, or other similar tools which produce grinding, pounding or other similar loud and pulsating sounds shall be limited to the hours of 8:00 am. to 4:00 p.m., Monday through Saturday. 13. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be implemented during excavation and construction. This program shall include such measures as: containing soil on -site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. B. Variance No. 1158: Approve the subject variance with the following findings and subject to the following conditions: Findings: 1. That there are exceptional or extraordinary circumstances applying to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same • District inasmuch as the subject property is on the bluff side of Pacific Drive and takes its vehicular access from Bayside Drive. -43- COMMISSIONERS December 7, 1989MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicants, inasmuch as the proposed project is generally comparable to the size and bulk to other buildings in the surrounding neighborhood. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 4. That a large portion of the structure will be located within the subterranean portion of the site and therefore will not outwardly appear in excess of 1.5 times the buildable area • of the site. 5. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 1. That the development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit prior to completion of the public improvements. 4. That the intersection of the private drive at Bayside Drive • be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance -44- COMMISSIONERS December 7, 1980AINUTES � 0 o �� a O CITY OF NEWPORT BEACH ROLL CALL INDEX requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. 5. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 6. That County Sanitation District fees be paid prior to issuance of any building permits. 7. That the Public Works Department plan check and inspection fee be paid. 8. That a retaining wall and sidewalk be constructed along Bayside Drive in conformance with the Encroachment Agreement approved by the City Council on July 10, 1989 to provide sight distance in conformance with City Standard No. 110 -L.. • 9. That all improvements to be constructed within the Bayside Drive and Pacific Drive right -of -ways be completed under an encroachment permit issued by the Public Works Department in conformance with the Encroachment Agreement approved by the City Council on July 10, 1989. 10. That the proposed structure shall be constructed so as to comply with the requirements of the 24/28 Foot Height Limitation District. 11. That the applicant shall provide verification during the course of construction that the proposed development fully complies with the approved plans. Required verification shall be prepared and certified by a licensed land surveyor or civil engineer prior to final inspections of rough framing. 12. That the applicant shall obtain Coastal Commission approval of this application prior to the approval of building permits. • 13. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. -45- COMMISSIONERS December 7, 1989MINUTES 0 CITY OF NEWPORT BEACH ROLL CALL INDEX A. Variance No. 1160 (Continued Public Hearin¢) Item No. it Request to permit a variance so as to allow the construction of VI160 two, two unit residential condominium structures which exceed the 24 foot basic height limit in the 24/28 Foot Height 8906 Limitation District. The proposal also includes a modification to the Zoning Code so as allow the construction of 9± foot high Approoed retaining walls and fences that encroach 5 feet into the required 5 foot rear yard setback adjacent to an alley right -of -way and to allow a carport on the front one -half of the northerly parcel. AND B Resubdivision No 906 ( Continued 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 corner 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 Commissioner Debay referred to the error in the staff report with regard to the permitted buildable area, and she emphasized that the information provided by staff to the public be accurate. The public hearing was opened in connection with this item, and Mr. Russell Sorenson, applicant, appeared before the Planning Commission. Mr. Sorenson concurred with the findings and conditions in Exhibit 'W, and in reference to Finding No. 4, Resubdivision No. 906, with regard to public improvements, he said that the applicant intends to donate plants and trees along the wall that would impact the park, and that they intend to link the concrete sidewalk so as to continue the park sidewalks. Don -46- COMMISSIONERS •Y ROLL CALL December 7, 1989MINUTES CITY OF NEWPORT BEACH INDEX Webb, City Engineer, commented that the applicant has offered to contribute more than the City requires. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Variance No. 1160 and Resubdivision No. 906 subject to the findings and conditions in Exhibit "A". i * * * Commissioner Pers6n supported the motion based on the facts Ayes that make the necessary findings. Motion voted on, MOTION Absent * CARRIED. VARIANCE NO. 1160 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to other land, buildings and /or uses in the same district inasmuch as the original natural topography of the subject property is significantly different than the other lots on the east side of Iris Avenue and that the visual impact of the structures is no more obtrusive than the neighboring property to the north as viewed from Iris Avenue.. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed structures are of comparable height to other structures on the adjoining properties. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. • 4. That the proposed structures have been reduced internally as much as possible so as to reduce the overall height of the structures and to bring the height of the structures as -47- COMMISSIONERS December 7, 190AINUTES' � a CITY OF NEWPORT BEACH ROLL CALL INDEX close to conformance with the 24/28 Height Limitation District. 5. That the height of the structures will be no more obtrusive than the existing structure located immediately north of the subject property. 6. That the modification to the Zoning Ordinance to allow the encroachment of the carport in the front one half of the lot or the increased height of the retaining wall and fence located in the 5 foot rear yard setback will not be detrimental to the surrounding uses. 7. That the encroachment into the rear yard setback will not obstruct light and air to adjoining residential properties, nor adversely impact views of any adjoining residential properties. 8. That the proposed development is consistent with the • General Plan and the adopted Local Coastal Program, Land Use Plan. 9. That the establishment, maintenance, and operation of the use, property, and building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted below. 2. That the height of the retaining wall and fences located within the 5 foot rear yard setback shall be limited to a maximum overall height of 9 feet above existing natural grade. 3. That the gross floor area of the structure on Parcel No. 1 shall not exceed 3,521± sq.ft. (1.49 x buildable area) and that the gross floor area of the structure on Parcel -48- COMMISSIONERS December 7, 1980INUTES l0 V� CITY OF NEWPORT BEACH ROLL CALL III Jill I I INDEX AEnnm No. 2 shall not exceed 5,212± sq.ft. (1.44 x buildable area). 4. That a Coastal Permit shall be obtained prior to the issuance of building permits. 5. That only two dwelling units shall be permitted on each of the two properties. 6. That a minimum of two covered parking spaces shall be provided for each dwelling unit and the clear interior dimensions shall be as specified in the Zoning Ordinance. 7. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. I�I.`fL�i►►[ia 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 nor conflict with any private easements or improvements which currently occur on the subject property. 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. l..Vl \L111V1�J 1. That a parcel map be recorded prior to issuance of building permits unless otherwise approved by the Public -49- COMMISSIONERS December 7, 1989MINUTES � o .� Po \N�� N CITY OF NEWPORT BEACH ROLL CALL INDEX Works and the Planning Departments 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 the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. That the driveway grades be designed to City Standards and be approved by the Public Works Department. 5. That a standard subdivision and accompanying surety be • provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 6. That prior to issuance of any grading or building permits, the location of the existing 48 inch storm drain pipe located in the easterly portion of the property be confirmed. That the proposed structure constructed on Parcel No. 2 adjacent to the storm drain be designed to have deepened footings, the footings shall be extended so that a projection of a one -to -one slope from flow line of pipe to the footing will not undercut the footing. 7. That County Sanitation District fees be paid prior to issuance of any building permits. 8. That the Public Works Department plan check and inspection fee be paid. 9. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. be 10. That a storm drain inlet and connector pipe constructed at the southeasterly corner of the property and -50- COMMISSIONERS December 7, 1989MINUTES rd 0 46 o O' \ CITY OF NEWPORT BEACH ROLL CALL INDEX connect to the existing storm drain system to prevent possible flooding, unless otherwise approved by the Public Works Department. The design of the inlet and connector pipe shall be approved by the Public Works Department. 11. That no trees shall be planted over the existing 48 inch storm drain. 12. That the planters and walls along the driveway shall conform to Standard 110-L for sight distance. 13. That a condition survey of the existing 48 inch diameter storm drain pipe be made by a licensed civil engineer and that the storm drain be repaired or replaced in conformance with the recommendations of the condition survey and to the satisfaction of the Public Works Department. 14. That Coastal Commission approval shall be obtained prior . to the recordation of the parcel map. 15. That a park dedication fee for four dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code. 16. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Variance No. 1161 (Public Hearing) Item No. 11 Request to permit the construction of a single family dwelling on v1161 property located in the R -3 District which exceeds the 24 foot basic height limit on the front one half of the lot in the 24/28 Approved Foot Height Limitation District. The proposal also includes a modification to the Zoning Code so as to allow an open trellis with four vertical supports to encroach 1 foot 6 inches± into the required 3 foot westerly side yard setback area. LOCATION: Lot 11, Block 14, Balboa Tract, located at 923 East Balboa Boulevard, on the southwesterly side of East Balboa Boulevard, -51- COMMISSIONERS ROLL CALL 0 Motion Ayes Absent 0 December 7, 1989MINUTES CITY OF NEWPORT BEACH between "A" Street and "B" Street, on the Balboa Peninsula. ZONE: R -3 (Pending Rezoning to R -2) APPLICANT: Keith Gordon White, Architect, Huntington Beach OWNER: Roger Rousset, Balboa The public hearing was opened in connection with this item, and Mr. Keith Gordon White, architect, appeared before the Planning Commission. Mr. White concurred with the findings and conditions in Exhibit "A ". Mr. White addressed the location of the subject property and he indicated that inasmuch as the alley does not go through eight properties, that a building has been designed so as to provide a driveway easement underneath the proposed building. In response to a question posed by Commissioner Glover, Mr. White explained that the purpose of the decorative trellis is to provide a more attractive structure. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was. made to approve Variance No. 1161 and related modification subject to the findings and conditions in Exhibit "A ". Chairman Pomeroy stated that the project is an architectural solution to a difficult problem. Motion was voted on, MOTION CARRIED. Findings: 1. That there are exceptional or extraordinary circumstances applying to the land referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district inasmuch as a portion of the subject property must be used for the purpose of providing vehicular access to a land locked parcel facing East Ocean Front. -52- INDEX COMMISSIONERS December 7, 1989MINUTES " d ' CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed building is comparable to the height of other buildings within the same block of East Balboa Boulevard. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 4. That the modification to allow the proposed side yard encroachments within the three foot westerly side yard setback, will not under the circumstances of the case, be detrimental to the health, safety, peace, comfort, and • general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that said modification is consistent with the legislative intent of Title 20 of the Municipal Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans, and elevations, except as noted below. 2. That the applicant shall provide verification during the course of construction that the proposed development fully complies with the approved plans. Required verification shall be prepared and certified by a licensed land surveyor or civil engineer prior to final inspections of rough framing. 3. That the height of the proposed chimney shall not exceed the height required by the Uniform Building Code. • 4. That all improvements constructed within the alley easement area be removed by the property owner at such time as the alley is improved, at no cost to the City. -53- COMMISSIONERS I* Y ROLL CALL • December 7, 198SMINUTES CITY OF NEWPORT BEACH 5. That an Encroachment Permit for the proposed drive apron on East Balboa Boulevard which is wider than 50% of the property frontage be approved by the City Council prior to issuance of building or grading permits. 6. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. Amendment No. 693 (Public Hearing) Request to amend the Corporate Plaza Planned Community Development Plan so as to revise a portion of the interior vehicular circulation. The proposal also includes various changes to the Planned Community Text so as to make the development allocations consistent with the Land Use Element of the General Plan and to make minor changes to the development standards to include the elimination of the site coverage provisions and phased development requirements. LOCATION: Property bounded by Newport Center Drive, East Coast Highway, Farallon Drive and Avocado Avenue (Future Street) comprising all of the Corporate Plaza Planned Community., ZONE: P -C APPLICANT: Birtcher Campbell DDA, Ltd., Laguna Niguel OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Mr. David Neish appeared before the Planning Commission on behalf of the applicant. Mr. Neish stated that the applicants have reviewed and agreed with the contents of the staff report. There being no others desiring to appear and be heard, the public hearing was closed at this time. ti Motion was made and voted on to adopt Resolution No. 1208 recommending to the City Council the approval of Amendment ' No. 693, amending the Corporate Plaza Planned Community Development Plan. MOTION CARRIED. -54- INDEX Item No. 13 A693 Approved COMMISSIONERS December 7, 1980INUTES CITY OF NEWPORT BEACH ROLL CALL INDEX A. General Plan Amendment 89- 3(D)(Public Hearing) Item N0:14 Request to amend the Land Use Element of the General Plan GPA 89 -3D' so . as to change the designation of a portion of the property located at the southwesterly corner of Broad Street and Bolsa A695 Avenue from "Retail and Service Commercial" to 'Two - Family Residentiar'. R911 INITIATED BY: The City of Newport Beach AND Approved B. Amendment No. 695 (Public Hearing) Request to reclassify a portion of Districting Map No. 25 from the C -1 District to the R -2 District. • LOCATION: A portion of Lots 1 and 2, Block 8, Tract No. 27 (fronting on Broad Street) located at 3245 -3251 Broad Street, on the southwesterly corner of Broad Street and Bolsa Avenue, in the Old Newport Boulevard Specific Plan Area. AND C. Resubdivision No. 911 (Public Hearing) Request to resubdivide two existing lots into two parcels for residential condominium development and one parcel for commercial development. LOCATION: Lots 1 and 2, Block 8, Tract No. 27, located at 3245 -3251 Broad Street and 476480 North Newport Boulevard, on property bounded by North Newport Boulevard, Bolsa Avenue and Broad Street, in the Old Newport Boulevard Specific Plan Area. • ZONE: C -1 APPLICANT: A.J. Carlton, Newport Beach -55- COMMISSIONERS December 7, 1989MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX OWNER: Same as applicant ENGINEER: Duca - McCoy, Inc., Corona del Mar The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King and Associates, 130 Newport Center Drive, appeared before the Planning Commission on behalf of the applicant. Mr. King concurred with the findings and conditions in Exhibit "A ". Mr. Robert Williams, Balboa Boulevard, appeared before the Planning Commission. In response to Mr. Williams' request for clarification of the C -1 Zoning Standard, Mr. Hewicker explained the zoning designation of the General Plan and the Land Use Element. Mr. Hewicker stated that the rear portion of the property on Broad Street will be reclassified to Residential' zoning. 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. 1209, recommending to the City Council the adoption of General Plan Amendment 89 -3 (D), amending the Land Use Element of the Newport Beach General Plan reclassifying property located at the southwesterly comer of Broad Street and Bolsa Avenue, and to * * * * approve Amendment No. 695 and Resubdivision No. 911 subject Ayes Absent to the findings and conditions in Exhibit "A ". MOTION CARRIED. A. Amendment No. 695 Findii s: 1. That the proposed zone change amendment is consistent with the existing zoning and land uses on other properties within the immediate vicinity of the subject property. 2. That the proposed zone change amendment is consistent with the land use designation proposed in conjunction with General Plan Amendment No. 89 -3(D). • 3. That the approval of this zone change amendment will allow for the future development of the residential portion of the subject property in a manner which will be -56- COMMISSIONERS December 7, 1989MINUTES � a A CITY OF NEWPORT BEACH ROLL CALL INDEX consistent with the existing residential character along Broad Street. B. Resubdivision No. 911 Fin in : I 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 spec 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 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDMONS: 1. That a parcel map be recorded prior to the issuance of building permits 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 and the commercial 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 County Sanitation District fees be paid prior to • issuance of any building permits. 5. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory -57- COMMISSIONERS December 7, 1989MINUTES �0V O \ CITY OF NEWPORT BEACH ROLL CALL INDEX completion of the public improvements if it is desired to record a parcel map prior to completion of the public improvements. 6. That all intersections of streets and drives be designed to provide sight distance in conformance with the City Sight Distance Standard 110-L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the City Traffic Engineer. 7. That 15 foot radius corner cutoffs at the corners of Broad Street and Bolsa Avenue and North Newport Boulevard and Bolsa Avenue be dedicated to the public. 8. That curb, gutter, sidewalk and street pavement • improvements be constructed along the North Newport Boulevard, Bolsa Avenue and Broad Street frontages under an encroachment permit issued by the Public Works Department. The street pavement on North Newport Boulevard is to be concrete. 9. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewers systems shown to be required by the study shall be the responsibility of the developer. 11. That the Public Works Department plan check and inspection fee be paid. 12. Disruption caused by construction work along roadways and by movement of construction vehicles shall be • minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state -58- COMMISSIONERS December 7, 1980INUTES MAO A\� CITY OF NEWPORT BEACH ROLL CALL INDEX and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. 13. That a park dedication fee for four dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code. 14. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to the review of the City Traffic Engineer. 15. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Amendment No. 697 (Public Hearing) Request to amend the Mariner's Mile Specific Plan (SP -5), Item No. 15 A697 revising the permitted land uses in the Recreational and Marine Commercial areas consistent with the Newport Beach General Cont ' d Plan and Local Coastal Program, Land Use Plan. Other to amendments include changes to the development standards to 1 -4 -90 eliminate the concept of increased floor area in association with certain incentive uses and other minor changes to the development standards. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, stated that staff has requested that this item be continued to the January 4, 1990, Planning Commission meeting. Motion * Motion was made and voted on to continue this item to the Ayes * January 4, 1990, Planning Commission meeting. MOTION Absent * * CARRIED. s s s • -59- COMMISSIONERS December 7, 1989MINUTES ,a o 0 �� • � � CITY OF NEWPORT BEACH ROLL CALL INDEX Discussion Item: Discussion Item Amendment No. 694 No. 1 Request to consider possible revisions to Title 20 of the Newport Beach Municipal Code related to Nonconforming Structures and A694 Uses. Cont'd James Hewicker, Planning Director, stated that staff has to 1 -4 -90 requested that this item be continued to the January 4, 1990, Planning Commission meeting. Motion * Motion was made and voted on to continue Amendment No. 694 Ayes * to the January 4, 1990, Planning Commission meeting. MOTION Absent * CARRIED. s s s ADDITIONAL BUSINESS: Add' 1 Business on Motion was made and voted on to excuse Commissioner Debay Ayes * * * * * * from the January 4, 1990, Planning Commission meeting. Debay Absent * MOTION CARRIED. excused ADJOURNMENT: 10:35 p.m. Adjourn- ment # s s JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -60-