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HomeMy WebLinkAbout12/08/1988COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 p.m. 9y9 oyQ��oryo DATE: December 8, 1988 CITY OF NEWPORT BEACH ROLL CALL INDEX Present * * * * * * * All Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of November 9. 1988• Minutes of n yes * Motion was made and voted on to approve the November 9, 1988, Planning Commission Minutes. MOTION CARRIED. 11 -9 -88 Public Comments: Public No persons came forth to speak on non - agenda items. Comments _Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, December 2, 1988, in front of City Hall. Request for Continuances: Request for James Hewicker, Planning Director, stated that the ContinuanCE applicant, Josephine Ioffrida, has requested that Item No, 1, Resubdivision No. 884, property located at 408 and 410 East Balboa Boulevard, be continued to the Planning Commission meeting of January 5, 1989. Mr. Hewicker further stated that the applicant, James • Morrison, has requested that Item No. 2, Modification No. 3458, located at 10 Rue Verte, be withdrawn. COMMISSIONERS December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion * Motion was made and voted on to continue Resubdivision All Ayes No. 884 to the January 5, 1989, Planning Commission meeting. MOTION CARRIED. Resubdivision No. 884 (Continued Public Hearing) Item No.1 8884 Request to resubdivide two existing lots into two parcels of land for two unit residential condominium purposes, on property which is to be rezoned from the C- Continued 1 District to the R -2 District. Said resubdivision also includes a request to adjust the location of the to 1 -5 -89 interior common property line so as to maintain a minimum area greater than 2,375 sq.ft, for both parcels. LOCATION: Lots 11 and 12, Block 3, Balboa Tract, located at 408 and. 410 East Balboa Boulevard, on the northerly side of East Balboa Boulevard between Cypress Street and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Josephine Ioffrida, Newport Beach OWNER: Same as applicant ENGINEER/ ARCHITECT: Balboa Pacific, Newport Beach James Hewicker, Planning Director, stated that the applicant, Josephine Ioffrida., has requested that this item be continued to the January 5, 1989, Planning Commission meeting. Motion All Ayes * Motion was made and voted on to continue Resubdivision No. 884 to the January 5, 1989, Planning Commission meeting. MOTION CARRIED. Modification No. 3458 (Public Hearing) Item No.2 Request to permit the construction of alterations and Mod 3458 Withdrawn • additions to an existing residence which encroach 7 feet 6 inches into the required 15 foot rear yard setback. LOCATION: Lot 16, Tract No. 7384, located at 10 Rue Verte, on the northerly side of Rue -2- COMMISSIONERS �i •� A 3'� O�•GF y�F�N��99 v December 8, 1988 s $ ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Verte, between Big Canyon Drive and Rue Grand Vallee, in Area 13 of the Big Canyon Planned Community. ZONE: P -C APPLICANTS: James and June Morrison, Newport Beach OWNERS: Same as applicants James Hewicker, Planning Director, stated that the applicants requested that this item be withdrawn. Use Permit No. 1461 (Amended)(Public Hearinz) Item No.3 Request to amend a previously approved use permit which UP1461A permitted the establishment of an automatic car wash with gasoline sales on property located in the C -O -H Approved District. The proposed amendment involves a request to remove and replace five existing underground fuel tanks with three new underground fuel tanks, upgrade restrooms, install a trellis over the existing detailing area, expand the outdoor waiting area and remodel the existing equipment and storage area. LOCATION: Parcel 1 of Parcel Map 29 -34 (Resubdivision No. 282) located at 150 Newport Center Drive, on the southwesterly corner of Newport Center Drive and Anacapa Drive, in Newport Center. ZONE: C -O -H APPLICANT: Beacon Bay Enterprises, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Mr. Patrick Shea, Vice President, appeared before the Planning Commission on behalf of the applicant. Mr. Shea concurred with the findings and conditions in Exhibit "A". • Discussion ensued regarding the removal of the existing fuel tanks, and the required agency on -site inspections. 3 COMMISSIONERS y�G,y C`�Nl�`,p99 9m. December 8, 1988 9y9 Lqy �`�O�,yq CITY OF NEWPORT BEACH MINUTES ROLL CALL 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. All Ayes 1461 (Amended) subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. 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. 4. That public improvements may be required of a • developer per Section 20.80.060 of the Municipal code. 5. That adequate off - street parking spaces will be provided in conjunction with the proposed develop- ment. 6. That the proposed car wash remodelling will not result in an intensification of use on the site. 7. The approval of Use Permit No. 1461 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan. 2. That the project shall be designed to eliminate light and glare from adjacent uses and streets. • 3. That a plan for the removal and replacement of the underground fuel tanks shall be approved by the Newport Beach Fire Department and the Orange County -4- COMMISSIONERS y�G�Z o�soyyCy�o omvy December 8, 1988 i CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Health Services Agency, Environmental Health Section. 4. That all mechanical equipment and trash areas shall be screened from the public streets and adjoining properties and that existing debris shall be removed from the parking area. 5. That all signs shall conform to the provisions of Chapters 20.06 and 20.70 of the Municipal Code, except as required by State law. 6. That all improvements be constructed as required by ordinance and the Public Works Department. 7. 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. • 8. That at least 15 parking spaces shall be provided on -site. 9. That on -site parking, vehicular circulation, and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 10. That the tree damaged sidewalk be reconstructed along the Newport Center Drive and Anacapa Drive frontages. The trees shall be root pruned or removed. All work shall be completed under an encroachment permit to be issued by the Public Works Department, 11. That curb access ramps be constructed at the intersection of Newport Center Drive and Anacapa Drive and at the drive entrance located on Anacapa Drive. All work shall be completed under an encroachment permit to be issued by the Public Works Department. 12. That all car wash activities shall be contained within the building. 13. That all wash water shall drain into the sanitary • sewer system and that the wash area drain shall be equipped with a trap for the collection of auto wash residue. -5- COMMISSIONERS December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 14. That the facility shall be required to provide restrooms for its customers during all hours of operation. 15. That the Planning Commission may add /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. This use permit amendment shall expire unless exercised within twenty -four months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Chairman Pomeroy presented Commissioner Pers6n a plaque • on behalf of his term as Chairman of the Planning Commission. Use Permit No. 3195 (Amended) (Public Hearing) Item No.4 Request to amend a previously approved use permit which UP3195A permitted a lobby expansion of an existing hotel and to allow said hotel to be operated as a bed and breakfast Approved facility which includes the service of a continental breakfast and alcoholic beverages to hotel guests on property located in the SP -6 District. The proposed amendment involves a request to further expand the bed and breakfast lobby and to establish a cafe dining area with alcoholic beverages for hotel guests and the general public. LOCATION: Lots 3, 4 and portions of Lots 29 and 30, Block 23, Newport Beach Tract, located at 2306 West Ocean Front, on the northerly side of West Ocean Front, between 23rd Street and 24th Street, adjacent to the Newport Pier parking lot in McFadden Square. ZONE: ZONE: SP -6 6 COMMISSIONERS �mG�y��OOy�cC�gyOV� December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX APPLICANT: Circa Designs, Laguna Beach OWNER: Piero Serra, Newport Beach James Hewicker, Planning Director, discussed the recent adoption of the Land Use Element of the General Plan establishing policies for the parcels of land in the City. He compared the existing building located on the subject site, consisting of a mixed use of retail, hotel and restaurant facility, at two times buildable area to the adopted General Plan which would allow up to one times buildable area, and he advised that .3 times buildable area would be permitted if the site would be developed only as a restaurant use. Mr. Hewicker discussed the applicant's request for a second restaurant on the property, and the number of trips generated by a restaurant. Mr. Hewicker stated that so as to differentiate between a restaurant which would be open and available to the public that would require an increase in the floor area ratio, that a condition be put on the use which would require the bed and breakfast . facility to include the price of the meal with the price of a room. The public hearing was opened in connection with this item, and Mr. Jim Skaug, architect, appeared before the Planning Commission on behalf of the applicant. Mr. Skaug referred to plans that are proposed in the future that will include a hotel expansion of 12 additional rooms. He stated that the proposed expansion would allow adequate parking spaces for the entire hotel. Mr. Skaug emphasized that the hotel has improved the character of the neighborhood, and he said that the expansion would further enhance the hotel's services. Mr. Skaug referred to Condition No. 7 requesting that Resubdivision No. 826 be recorded prior to issuance of any building permits, and he stated that the condition would be a hardship on the applicant inasmuch as the applicant has submitted plans to the County and has posted a bond. Mr. Skaug addressed Condition No. 8 regarding planters on the sidewalk, and Condition No. 9 regarding wheel stops in the parking lot in front of the hotel. Mr. Skaug distributed plans for the proposed expansion of the subject hotel that will be presented to • the Planning Commission at a future Planning Commission public hearing for the purpose of showing that 22 parking spaces are proposed to be added. Carol Korade, Assistant City Attorney, advised that it would be appropriate for the Planning Commission to look at the -7- COMMISSIONERS Fo�December 8, 1988 y���CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX proposed plans but not appropriate to take any action that would affect the future Planning Commission public hearing. In reference to a question posed by Commissioner Di Sano, Mr. Skaug replied that the applicant is not submitting the entire project at once in consideration of the economics and requirements of the site. He said that the proposed restaurant area is currently vacant. Mr. Skaug and Commissioner Debay discussed the proposed floor area ratio of the entire project after the expansion has been completed, and the purpose of the phasing of the project. In response to a question posed by Commissioner Debay, Mr. Pierro Serra, applicant, appeared before the Planning Commission, and stated that he would not object if the dining area would be restricted to hotel guests only until after the second phase were completed. Mr. Serra commented that the proposed restaurant would benefit the hotel economically if the restaurant would . be open to the public. Commissioner Pers6n emphasized that inasmuch as the applicant has significantly upgraded the McFadden Square area, the proposed restaurant with only 250 square feet of "net public area" is a minimal request. Commissioner Pers6n stated that the property improvements have benefited the entire community. Commissioner Di Sano concurred with Commissioner Pers6n's statements. In reference to Condition No. 7 requesting that Resubdivision No. 826 be recorded prior to issuance of any building permits, Don Webb, City Engineer, explained that the applicant was notified at the May 22, 1986, Planning Commission meeting that the conditions of approval are required, and Mr. Webb commented that the applicant has had ample time to comply with said conditions. In reference to the foregoing Conditions No. 8 and No. 9, Mr. Skaug described where the planters and wheel stops are proposed to be installed so as to create a positive atmosphere for the area. In response to a question posed by Commissioner Pers6n regarding Condition No. 3 requesting that the cafe shall -8- COMMISSIONERS 1A sf� y�F�N��99 v December 8, 1988 t, < <syo CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX be open only to hotel patrons and their guests, Mr. Skaug stated that the applicant would request that said condition be deleted. Discussion ensued between Mr. Serra, Mr. Skaug, Commissioner Pers6n, and Mr. Webb regarding Condition No. 7 and the recordation of Resubdivision No. 826. Mr. Skaug concluded that inasmuch as the map has been drawn and the subject application is required to go to the Coastal Commission, the map can be submitted and recorded during the time that the subject application is being processed. 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. 3195 (Amended) subject to the findings and conditions in Exhibit "A ", including the deletion of foregoing Condition No. 3. In response to a ,question posed by Commissioner Debay regarding the adopted General Plan, Mr. Hewicker suggested a finding is required stating that the proposed project is consistent with the General Plan. Commissioner Pers6n stated that he did not find what is being proposed is an intensification of what is currently on the property and, therefore, it is not inconsistent with the General Plan, Commissioner Pers6n explained that the existing building with existing space has nonconforming rights. He said that the addition of a cafe is consistent with the type of use that is located in this type of facility, and based upon the amount of square footage that is being discussed, the square footage complies with 1 parking space per 50 square feet of "net public area" in the restaurant facility. In response to questions posed by Commissioner Debay, Mr. Webb explained why staff requested Conditions No. 8 regarding planters, and No. 9 regarding wheel stops. Discussion ensued between Mr. Hewicker and Commissioner Pers6n regarding the motion to recommend deletion of Condition No. 3 inasmuch as said condition was established because the applicant would be providing no additional parking. Commissioner Pers6n amended the motion to add Condition No. 20, stating that one parking • space shall be waived for a restaurant facility with a "net public area" of 250 square feet, based on one parking space per 50 square feet of "net public area ". Commissioner Pers6n commented that he would request that -9- COMMISSIONERS y�6F�o�99g9ti December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX the waived parking space be considered when the hotel's expansion plans are submitted to the Planning Commission at a future public hearing. Motion was voted on to approve Use Permit No. 3195 .(Amended) subject to the findings and conditions in Ayes * * * * * * Exhibit "A ", including deleted Condition No. 3, and the No * addition of Condition No. 20. MOTION CARRIED. FINDINGS• 1. That the proposed project is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, and is compatible with the surrounding land uses. . 2. That the project will not have any significant environmental impact. 3. 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. 4. That public improvements may be required of a developer in accordance with Section 20.80.060 of the Municipal Code. 5. That the Police Department has no objections to the proposed project. 6. That the approval of this amendment to Use Permit No. 3195 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan and elevation except as provided under the following conditions. 2. That all applicable conditions of approval of Use Permit No. 3195 as approved by the Planning Commission on May 22, 1986, shall remain in effect. -10- COMMISSIONERS MINUTES mG�� ya 9y 9 9 $c December 8, 1988 y CITY OF NEWPORT BEACH ROLL CALL INDEX 3. Deleted. 4. That all signs shall conform to the requirements of Chapters 20.06 of the Municipal Code, and that no exterior signs shall be utilized to advertise the cafe. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements prior to starting any work within the public right-of-way- 7. That Resubdivision No. 826 be recorded prior to issuance of any building permits. 8. That no raised planters nor any planter pots, boxes or containers be placed on the sidewalk and that the existing planter containers be removed, unless otherwise approved by the City Council. 9. That no wheel stops shall be installed in the parking lot in front of the hotel, unless otherwise approved. 10. That the proposed decorative sidewalk and street lights conform to the McFadden Square area assessment district improvement design and be approved by the Public Works Department. That an encroachment agreement be processed and approved by the City Council for construction of all non- standard improvements. 11. That all trash areas and mechanical equipment shall be screened from view. 12. 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. 13. That a trash compactor be provided for the cafe. • 14. That grease interceptors shall be installed on all fixtures in the cafe where grease may be introduced into the drainage systems, unless otherwise -11- COMMISSIONERS fry. .cam :tom got^ ya 99'�m� December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX approved by the Building Department and the Public Works Department. 15. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 16. That no live entertainment or dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 17. That Coastal Commission approval shall be obtained. 18. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 19. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 20. That one parking space shall be waived for a restaurant facility with a "net public area" of 250 square feet, based on one parking space per 50 square feet of "net public area ". Use Permit No. 3309 (Public Hearing) Item No.5 Request to permit the establishment of a take -out UP3309 restaurant with incidental service of beer and wine on property located in "Professional and Business Office Approved Sites 1 and 2" of the Newport Place Planned Community. The proposal also includes a request to waive the additional required off - street parking. LOCATION: Parcel 1 of Parcel Map 120 -27 -28 (Resubdivision No. 585), located at 1301 Dove Street, on the westerly side of Dove • Street at the westerly terminus of Newport Place Drive, in the Newport Place Planned Community. -12- COMMISSIONERS December 8, 1988 9 yo oy Q Po yo y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX ZONE: P -C APPLICANT: Fred Joubran, Irvine OWNER: RREEF Fund, Newport Beach The public hearing was opened in connection with this item, and Mr. Fred Joubran, applicant, appeared before the Planning Commission. Mr. Joubran concurred with the findings and conditions in Exhibit "A" with the exception of Condition No. 5 which states that a trash compactor be provided. Mr. Joubran explained that _a trash compactor would not be necessary inasmuch as there will be no cooking on the premises. James Hewicker, Planning Director, presented background information regarding the condition requesting trash compactors for take -out restaurants. Mr. Hewicker suggested that the. Planning Commission consider what size of a restaurant should be required to provide a trash compactor. In response to questions posed by Commissioner Debay, William Laycock, Current Planning Manager, replied that the condition does not specify if a residential or commercial trash compactor is required. Mr. Joubran explained that the 1,200 square foot sandwich shop is proposed to be open until 4:00 p.m. weekdays. He stated that the high -rise office building has trash facilities for the tenants, and that styrofoam products will be provided by the take -out restaurant. In response to questions posed by Commissioner Merrill, Mr. Jourban replied that no food would be grilled; that the sandwich shop will be open from 8:00 a.m. to 4:00 p.m. weekdays; and that the customers will remove the food from the premises. Commissioner Merrill stated that his primary concern is the disposal of the food delivery containers. Commissioner Pers6n stated that the Planning Commission has not previously required all take -out restaurants to provide a trash compactor if there is trash pick -up several days a week, and he commented that a trash compactor may not be essential for the subject restaurant. • Commissioner Di Sano and Mr. Jourban discussed the necessity of a trash compactor. Mr. Jourban explained that a trash compactor would congest the small kitchen -13- COMMISSIONERS ymG��yN0�9 p 9 December 8, 1988 � 90 oy ¢ ysyo r y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX area. Commissioner Di Sano commented that a trash compactor requirement is legitimate for take -out restaurants. 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. 3309 subject to the findings and conditions in Exhibit "A ". Commissioner Winburn stated that she would support the motion, and that a trash compactor should be required.. Chairman Pomeroy stated that he would support the motion and that there are needs for trash compactors in take- out restaurants. Commissioner Pers6n stated that he would support the motion; however, he said that the Planning Commission's original intent was not to require trash compactors for . similar take -out restaurants. Motion voted on to approve Use Permit No. 3309 subject All Ayes to the findings and conditions in Exhibit "A ". MOTION CARRIED. Findings: 1. That the proposed project is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the Police Department has no objections with the proposed development. 4. That adequate parking exists to serve the proposed development. 5. That the waiver of development standards as they pertain to walls, landscaping, parking lot illumination and a portion of the required parking will not be detrimental to the adjoining properties. 6. 6. That the approval of Use Permit No. 3309 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, -14- COMMISSIONERS December 8, 1988 a+y goy !��'osyo CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. .CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That 5 parking spaces shall be provided for the proposed take -out restaurant facility. 3. That all signs shall conform to the Newport Place Planned Community Development Standards, 4. That all trash areas and mechanical equipment shall be screened from view. 5. That a trash compactor be provided in the restaurant facility. 6. 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. 7. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 8. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 9. That the development standards as they pertain to walls, landscaping, parking lot illumination and a portion of the required parking shall be waived. 10. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the • operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. -15- COMMISSIONERS f, .off :tom of o� December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 11. 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. * x The Planning Commission recessed at 8:32 p.m. and reconvened at 8:40 p.m. Use Permit No 3334 (Public Hearing) Item No.6 OP3334 Request to establish a take -out restaurant specializing in the sale of yogurt, coffee, soft drinks, cookies and - related food items on property located in the Approved "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to waive the additional required off - street • parking. LOCATION: Parcel 1 of Parcel Map 81 -713 (Resubdivision No. 688) located at 3101 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: LeMay's Gourmet Products, Newport Beach OWNER: Lancer Landing, Ltd., Newport Beach Commissioner Pers6n explained that he would step down from the dais even though he had no conflict of interest concerning the application inasmuch as he has been involved with the subject property during the past 12 months. James Hewicker, Planning Director, stated that the building located on the subject site has common area improvements including a trash room, containing a trash compactor, that is available to the building's tenants. He stated that Condition No. 11 requiring a trash compactor was requested prior to staff being informed that a trash room was provided for the tenants. -16- COMMISSIONERS A X\LA\r ��0 m9,bDecember 8, 1988 ti�s� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX In response to questions posed by Commissioner Di Sano, Mr. Hewicker replied that he was not aware if any individual trash compactors had ever been required by the Planning Commission if a commercial trash compactor were also located on site. Discussion ensued between Commissioner Di Sano and Mr. Hewicker regarding to what extent trash needs to be compacted. Commissioner Winburn and Don Webb, City Engineer, discussed the parking layout for the entire project. Commissioner Winburn suggested that Condition No. 3 be amended to state "that all employees of the facility shall park onsite at no cost to the employees" inasmuch as there would be adequate parking. Commissioner Edwards and Mr. Hewicker discussed the traffic that would be generated by the subject yogurt facility, and Commissioner Edwards suggested that the traffic should be monitored. The public hearing was opened in connection with this • item, and Mr. Willard May, applicant, appeared before the Planning Commission. Mr. May concurred with the findings and conditions in Exhibit "A" with the exception of Condition No. 11, requesting the applicant provide a trash compactor. Mr. May stated that the subject take -out restaurant will primarily service tenants of the building. Discussion ensued between Mr. May and Commissioner Di Sano regarding Condition No. 11, and Commissioner Di Sano's concern that if the building's trash compactor would be inoperable, the applicant would be responsible to provide a trash compactor. Commissioner Edwards suggested that Condition No. 11 be amended to state "That a trash compactor be provided in the take -out restaurant facility, unless otherwise provided." Mr. May concurred with Commissioner Winburn's suggestion that the employees be permitted to park onsite at no cost to the employees. There being no others desiring to appear and be heard, the public hearing was closed at this time. on * Motion was made and voted on to approve Use Permit No. Gain * * * * 3334 subject to the findings and conditions in Exhibit * "A ", including amended Condition No. 3, stating "that all employees of the facility shall park onsite at no -17- COMMISSIONERS y 9 m December 8, 1988 AG 9N 99i9� 2 �' py `may 6\� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX cost to the employees. ", and the foregoing amended Condition No. 11. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and with the Local Coastal Program and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to walls, utilities, parking lot illumination, landscaping, and a portion of the required parking will not be detrimental to adjoining properties. 4. That the Police Department has no objections to the proposed development. 5. That the approval of Use Permit No. 3334 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That three (3) off - street parking spaces shall be provided for employees. 3. That all employees of the facility shall park onsite at no cost to the employees. 4. That the development standards pertaining to traffic circulation, walls, landscaping, parking lot illumination, and a portion of the required parking spaces (11 spaces) shall be waived. 5. That no cooking or preparation of food other than baked goods, frozen desert items and beverages shall be permitted unless an amendment to this use permit is approved by the Planning Commission at a _18_ COMMISSIONERS ym o� A G���oNO� Cy��9ovt December 8, 1988 y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX later date. Said amendment could require the addition of grease interceptors and exhaust fans. 6. That no alcoholic beverages shall be sold on the premises unless the Planning Commission approves an amendment to this use permit. 7. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 8. That all mechanical equipment and trash areas shall be screened from West Coast Highway, Newport Bay, and adjoining properties. 9. That no seating shall be provided in the facility unless an amendment to this use permit is approved by the Planning Commission. 10. 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. 11. That a trash compactor be provided in the take -out restaurant facility, unless otherwise provided. 12. That Coastal Commission approval shall be obtained prior to the establishment of the take -out restaurant facility. 13. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 14. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. -19- COMMISSIONERS MINUTES ymG�y��Npy9(`��ovy December 8, 1988 CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3335 (Public Hearing) Item No .-7 Request to permit the establishment of a night -time only UP3335 / outdoor restaurant (including interior seating) with on- sale beer and wine on property located in the C -N -H Approved District. LOCATION: Parcel 2 of Parcel Map 11 -7 (Resubdivision No. 243) located at 1080- 1088 Bayside Drive, on the northwesterly corner of Jamboree Road and Bayside Drive in the Bayside Shopping Center adjacent to the Promontory Point Apartment complex. ZONE: C -N -H APPLICANTS: Sal and Franco Maniaci, Mission Viejo OWNERS: The Irvine Company, Newport Beach • James Hewicker, Planning Director, stated that the outdoor seating area is proposed to be adjacent to the subject building, and the front sidewalk will be realigned so there will not be a separation between the two areas. The public hearing was opened in connection with this item, and Mr. Nechielsen appeared before the Planning Commission on behalf of the applicant. Mr. Nechielsen concurred with the findings and conditions in Exhibit Discussion ensued between Mr. Nechielsen, the Planning Commission, and Mr. Hewicker regarding Mr. Nechielsen's request to open the restaurant during the lunch hour inasmuch as staff has stated that there would be adequate parking anytime during the day. The Planning Commission concurred with Commissioner Merrill's suggestion that it would be ,appropriate for the restaurant to be open between 10:00 a.m. and 11:30 p.m. daily. Mrs. Jean O'Hara, 1034 Bayside Cove, appeared before the Planning Commission to state her objections regarding . the subject restaurant inasmuch as the facility would create noise from the outdoor eating area to the residential area across Bayside Drive. -20- COMMISSIONERS y�G��9�o�ycv�o o December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Debay referred to Condition No. 15 which states that the use permit may be called back to the Planning Commission for review if the operation is found to be detrimental to the neighborhood. Commissioner Pers6n addressed the parking lot and traffic on Bayside Drive that separates the residential area from the proposed restaurant. He referred to Condition No. 15 which would permit the Planning Commission to review the conditions of approval, and if necessary, to consider modifying the operation to an interior restaurant only. Motion * Motion was made and voted on to approve Use Permit No. 3335 subject to the findings and conditions in Exhibit "A ", including added Condition No. 17 that would limit the restaurant's hours of operation between 10:00 a.m..and 11:30 p.m. daily. Commissioner Pers6n suggested that the applicants conduct an operation that would provide peace and quiet to the adjacent residents. All Ayes MOTION CARRIED. FINDINGS: 1. That the proposed project is consistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That public improvements may be required of a developer in accordance with Section 20.80.060 of the Municipal Code. 4. That adequate parking exists_ to serve the proposed development. 5. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. • 6. That the waiver of development standards as they pertain to walls, landscaping, parking lot -21- COMMISSIONERS \ldlDecember 8, 1988 cyP�ysyc CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX illumination and utilities will not be detrimental to the adjoining properties. 7. That the approval of Use Permit No. 3335 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That 56 parking spaces shall be provided for the proposed restaurant. 3. That all signs shall conform to the requirements of Chapter 20.06 of the Municipal Code. 4. That all improvements be constructed as required by Ordinance and the Public works Department. 5. That all trash areas and mechanical equipment shall be screened from view. 6. 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. 7. That a trash compactor be provided in the restaurant facility. 8. 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. 9. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 10. That no live entertainment or dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. -22- COMMISSIONERS yAG'+L �9N�99 y y December 8, 1988 ya �yl9oyp y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 11. That restaurant development standards pertaining to walls, landscaping, parking lot illumination, and utilities shall be waived. 12. That the final design of the outdoor eating area be subject to Public Works Department review and approval prior to the issuance of any building permits. 13. That the final parking layout shall be subject to further review and approval by the City Traffic Engineer. 14. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 15. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment . causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 17. That the hours of operation shall be limited between 10:00 a.m, and 11:30 p.m. daily. Variance No. 1137 (Amended)(Public Hearing) Item No. 13 Request to amend a previously approved variance which V1137A permitted alterations and additions to an existing single family dwelling which exceeded the maximum Approved permitted height in the 24/28 Foot Height Limitation District on property located in the R -1 District. Said variance also permitted the gross structural area of the dwelling to exceed 1.5 times the buildable area of the site; a modification to the Zoning Code so as to allow a portion of the structure to encroach 9 feet 6 inches into the required 10 foot front yard setback, adjacent to Ocean Boulevard; and the acceptance of an environmental document. The proposed amendment involves a request to permit an as- built, open exterior stairway -43- COMMISSIONERS December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX which exceeds the basic 24 foot height limit and to allow an as -built mechanical storage room which further increases the gross structural area of the dwelling beyond 1.5 times the buildable area of the site, and a modification to the Zoning Code so as to allow the subject stairway to encroach 9 feet 6 inches into the required 10 foot front yard setback. LOCATION: A portion of Block 033, Corona del Mar, located at 2741 Ocean Boulevard, on the southwesterly side of Ocean Boulevard, at the southerly terminus of Goldenrod Avenue, in Corona del Mar. ZONE: R -1 APPLICANT: Rod Emery, Corona del Mar OWNER: Same as applicant Mr. James Hewicker, Planning Director, stated that in accordance with the plans that had been approved by the Planning and Building Departments, the decks over China Cove were to be open and the railings were to be constructed of posts and glass. In reference to a visit to the site by staff and photographs that were taken and distributed to the Planning Commission, Mr. Hewicker referred to a portion of the lower level deck that had been enclosed, and he said that on the middle and upper levels of the decks the.railings appeared that they were going to be solid construction as opposed to a post and glass construction. In response to a question posed by Commissioner Winburn, Mr. Hewicker replied that the floor area ratio has been increased on the lower level inasmuch as the area has been enclosed. He explained that on the middle and upper levels, the solid walls of the decks do not increase the floor area but they give the visual appearance of making the building larger. In response to a question posed by Chairman Pomeroy regarding the change in the construction material, Mr. Hewicker explained that the plan that was approved by the Planning Commission showed the posts and glass material. He said that he did not know if the Planning • Commission's intent was that open railings were to be constructed; however, he said that the railings are not being built in accordance with the plans approved by the Planning Commission or staff. Mr. Hewicker explained -24- COMMISSIONERS y�G 9w 99 v v ivy December 8, 1988 ?� 90 Oy Q y0 y0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX that the Building Inspectors do not consider aesthetics as the Planning Commission did when the project was approved, or the neighbors did when they looked at the project when it came before the Planning Commission. Commissioner Winburn stated that she had received .telephone calls from residents in the China Cove area who stated that the plans that were attached to the petition that was originally circulated by the applicant, do not appear to be the same as the present building. In reference to the November 6, 1986, Planning Commission staff report, Commissioner Winburn pointed out that the gross structural area was 5,264 square feet, including an equipment room. She commented that there currently are two equipment rooms. Mr. Hewicker stated that the 5,264 square feet included one utility room, but the square footage did not include the second utility room because the second area was open; however, he said that since the building has been under construction, the second utility room has been enclosed • which has increased the floor area ratio. The public hearing was opened in connection with this item, and Mr. Rod Emery, applicant, appeared before the Planning Commission, Mr. Emery described the passageway between the deck areas on the lower level, and the room that was relocated, as they were shown in the revised plan that was filed with the Building Department. He said that the square footage remains the same inasmuch as the passageway is open, and the wall closes off the room from the rest of the area on the lower level. Mr. Emery, Commissioner Merrill, and Mr. Hewicker discussed the design and use of the open -end passageway, and the room that was moved up to the front of the dwelling. Mr. Emery and Mr. Hewicker discussed the plans that were submitted and approved in plan check. In response to Mr. Hewicker's statement that the building does not appear to be built in conformance with the plans that were originally approved, Mr. Emery replied that the rails and stairs constructed at the end of the house were not what was originally submitted and approved. Mr. Emery explained that when the plans were submitted to plan check, he was informed by the Building Department that corrections were going to have to be made which included a second stairway. He stated that after he had argued against the Building Department's request for a second stairway for an entire year, he 25 COMMISSIONERS BG?' 9N �9 q 9 9X December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX ultimately agreed to submit revised plans; however, when the revised plans were being processed in plan check, he was advised that the second stairway was not necessary. Mr. Emery advised that it cost him $23,000.00 to comply with the Building Department's requirements. He .explained that from a mass standpoint, the project is the same as was originally approved, and that the alterations or changes that affect the visual are from the addition of the second stairway and the solid railings. Mr. Emery explained that inasmuch as there is a 65 foot drop from the house to the ground, the railings should be enclosed, and he described the design and materials used to construct the railings. Mr. Emery stated that he was never advised that the handrails needed to be constructed of translucent materials. Mr. Hewicker stated that persons who looked at the plans before the building was constructed and saw the open handrails, did not appear during the November 6, 1986, Planning Commission public hearing to object to the solid railings. Discussion ensued between Mr. Emery, • Commissioner Debay, and Commissioner Winburn regarding the telephone calls that were based on the plans that were submitted with the petition two years ago as opposed to the structure's current appearance. Mr. Hewicker stated that whether the building was to be constructed of translucent materials as opposed to solid materials was not an issue when the project was approved, and that it..was difficult to ascertain if there was a concern in terms of establishing a substantial conformance. Discussion ensued between Commissioner Pers6n and Mr. Hewicker regarding the site plan that included the spiral stairway that was required by the Building Department as a plan check comment. Mr. Emery described the numerous meetings that he had regarding the second stairway and his objection to the Building Department's requirement to construct same before he yielded to constructing the stairway. Mr. Emery explained that after the construction was completed, and he was informed that the second stairway was not necessary, and he was informed to remove it, he suggested that the issue be brought back to the Planning Commission. • Mr. Emery and Commissioner Winburn discussed the construction materials that were used to build the foundation for the stairway, and the required height of the stairway as determined by the number of stories of 26 COMMISSIONERS y�GF9�Fy9'99N9�A December 8, 1988 • CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX the dwelling. Mr. Emery commented that the structure had been under construction for six months when he was informed by the Building Department that he was required to build the second stairway. .In response to a question posed by Commissioner Winburn, Mr. Emery replied that inasmuch as he was not originally in favor of constructing the second stairway, he would be willing to remove it, if required. Mr. Emery explained that it would take a substantial amount of engineering and rework to remove the stairway from the structure. Mr. Emery and Commissioner Merrill discussed the design of the stairway, and Mr. Emery commented that he was never informed by the Building Department what style of stairway was required. In response to questions posed by Commissioner Merrill, Mr. Emery described how the stairway was incorporated into the upper floors of the structure and the support that was constructed in the garage to support the stairway. Discussion ensued between Mr. Emery and Commissioner Pers6n regarding under what conditions it would be necessary to remove the stairway. Commissioner Winburn and Commissioner Pers6n discussed Condition No. 1 as approved by the Planning Commission, November 6, 1986, stating "that the development shall be in substantial conformance with the approved revised plot plan, floor plans, and elevations except as noted below. ". Commissioner Pers6n commented that strict compliance with the approved variance plan is necessary, and he pointed out that the revised plan shows that the staircase added bulk. In reference to the contents of a memorandum dated December 8, 1988, from the City Attorney's Office, Commissioner Pers6n commended the applicant that he would be willing to remove the stairway. Commissioner Edwards concurred that under the circumstances that Mr. Emery had to encounter his offer to remove the stairway is more than generous. Mr. Emery addressed the two aforementioned equipment rooms. Mr. Emery described the original mechanical room as a concrete basement with an average height of 5 feet. He explained why it should not be considered liveable space, that the door is 2 feet by 4 feet, and that access is 5 feet off of the floor. In reference to the 27- COMMISSIONERS ZO A� s,0 OG'y k\rr 9s 99 y 9 December 8, 1988 I.�sy° CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX additional equipment room, Mr. Emery explained that the additional enclosed space at the bottom of the house encloses the wood and steel columns that support the structure, and the numerous utility tanks that service the house. He said that the depth of the equipment room .is from 14 feet to 2 feet, that 8 steps range from 1 -1/2 feet to 3 feet, and he commented that there is not a flat surface in the room. In response to a question posed by Commissioner Winburn, Mr. Emery replied that he would agree to Exhibit "C" in the staff report, to permit the mechanical storage room but deny the open exterior stairway. 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. 1137 (Amended) subject to the findings and conditions in the foregoing Exhibit "C ". Commissioner PersGn commended Mr. Emery's generosity in offering to remove the stairway despite . the cost that was expended, and the emotional distress. Commissioner Winburn stated that she would support the motion inasmuch as the removal of the stairway will alleviate some of the concerns expressed by the residents because of the bulk of the project. Commissioner Di Sano stated that he would support the motion, and he commended Mr. Emery's generosity to remove the staircase. Motion was voted on to approve Variance No. 1137 (Amended) subject to the findings and conditions in All Ayes Exhibit "C ". MOTION CARRIED. FINDINGS: 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 land, buildings and /or uses in the same district inasmuch as the subject property maintains a very irregular shape which results in a reduced buildable area due to front yard setback adjacent to Ocean Boulevard. • 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the -28- COMMISSIONERS mG �o9��y�vyvx December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX proposed building is of comparable bulk to other buildings on the bluff side of Ocean 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 inasmuch as the location of the proposed mechanical room will allow such an addition without appearing to increase the overall size and bulk of the structure. 4. That the approval of the modification so as to allow a further encroachment into the required front yard setback will be detrimental to persons, property and improvements in the neighborhood, and • that the applicant's request would not be consistent with the legislative intent of Title 20 of the Municipal Code. 5. That the planning Commission has previously approved an environmental document in conjunction with their consideration of the original Variance No. 1137 and that all significant environmental concerns have been addressed in the previous certified environmental document and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with the proposed project. CONDITIONS• 1. That the development shall be in substantial conformance with the approved plot plan and elevations. 2. That the previous Condition No. 3 of Variance No. 1137 shall be amended so as to allow a maximum gross structural area of 5,564± sq.ft. (2.04± x buildable area). 3. That the open exterior stairway shall be removed. 4. That all previous applicable conditions of approval of Variance No. 1137 shall be fulfilled. -29- COMMISSIONERS December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 5. 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. Variance No. 1146 (Public Hearing) Item No.9 Request to permit alterations and additions to an V1146 existing single family dwelling on property located in - the R -1 District which will exceed the basic 24 foot Denied height limit in the 24/28 Foot Height Limitation District. The proposal also includes Planning Commission review of three chimneys which will exceed the 24 foot basic height limit and which will exceed the minimum height required by the Uniform Building Code. LOCATION: Lot 1, Block E, Tract No. 1219, located at 120 Kings Place, on the easterly side of King's Place between Kings Road and . Cliff Drive, in Cliff Haven. ZONE: R -1 APPLICANT: Sandy Scaccia, Newport Beach OWNER: Same as applicant Don Webb, City Engineer, referred to Condition No. 5 which states "That a 5 foot wide sidewalk be constructed adjacent to the curb across the lot frontage. ", and he suggested that the condition be modified instead to state "..3.5 foot wide.. ". Mr. Webb explained that the intent is not to require the applicant to move the planter but to fill in the area between the curb and the sidewalk. The public hearing was opened in connection with this item, and Mr. Howard Taylor, architect, appeared before the Planning Commission on behalf of the applicant. Mr. Taylor concurred with the findings and conditions in Exhibit "A ", with the exception of Condition No. 5 inasmuch as the applicant has requested that the area be maintained as a rural atmosphere with no sidewalk and no street lighting. He explained that the existing • sidewalk does not go across the width of the property. In reference to concerns regarding the chimneys, Mr. Taylor explained that the applicant would agree to lower -30- COMMISSIONERS MINUTES ymG ya9y�y�vy December 8, 1988 9 90 y o� o y CITY OF NEWPORT BEACH ROLL CALL INDEX the height of the chimneys to the minimum height as required by the Uniform Building Code. Mr. Don Ward, 116 Kings Place, appeared before the Planning Commission to state his opposition regarding .the subject application. Mr. Ward explained that any height variance would have a significant affect on the property values in the neighborhood. In reference to Mr. and Mrs. Leslie Miller's letter dated November 30, 1988, received in opposition to the subject variance, Mr. Ward concurred that the applicant has previously disregarded the neighborhood's concerns regarding the trees that exceed the height of the applicant's house. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Winburn stated her concerns regarding the height limit, and to the extent that the applicant has requested to pitch the roof. �n * Motion was made and voted on to deny Variance No. 1146 subject to the findings in Exhibit "B ". Commissioner Pers6n stated that he does not believe that variances should be granted unless it would be reasonable to do so, and he commented that the architect can work within the height limit. Commissioner Pers6n further stated Ayes * * * that the variance could create a precedent in the area. No * MOTION CARRIED. FINDINGS: 1. That there are no exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circumstances and conditions do not generally apply to land, building, and /or uses on the other lots in the area which justify the approval of the proposed roof heights in excess of the 24 foot basic height limit. 2. That the subject property maintains sufficient buildable area so as to permit the construction of a sufficiently large home within the required basic height limit in the 24/28 Foot Height Limitation District. • 3. That the establishment, maintenance, and operation of the use, property, and building will, under the circumstances of the particular case, be -31- COMMISSIONERS ��G���o�9f9�o omvY December 8, 1988 d b z �`y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 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. 4. That the approval of the proposed chimneys in excess of the minimum height required by the Uniform Building Code will be detrimental to persons, property and improvements in the neighborhood inasmuch as said chimneys will block existing and future views from properties on the upland side of Kings Place. Discussion Request from Toyota Motor Sales, U.S.A., Inc. for four item No. 1 temporary on-site signs to be located at 2800 Jamboree Road. Toyota James Hewicker, Planning Director, referred to the staff Motor Sales report's background information regarding Toyota Motors Sales' request to install temporary signs for promotional purposes. He explained that after the applicant requested to install the temporary signs on the subject property, staff permitted Toyota Motors Sales to erect the signs and maintain them only for the week of December 5, 1988. Mr. Hewicker advised the concerned party that an extension of use would have to be approved by the Planning Commission. Motion * Motion was made and voted on to extend the temporary All Ayes permit with the following conditions: 1. That said signs shall not be lit except by appointment. 2. That the signs shall be removed from the premises no later than January 31, 1989. MOTION CARRIED. • 32 COMMISSIONERS ymr,�F�yin�y9v 9 December 8, 1988, 9 9a �y Q �osyo y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Reuort to the City Council from the Off- Street Parking item No. Committee regarding proposed changes to In -Lieu Parking D-2 Regulations. Referred to Planning Commission for information. In -Lieu Parking .Commissioner Pers6n suggested that the Planning Commission recommend Option No. 1 to the City Council, to "Abolish the program altogether" as stated in the staff report. He explained that the proposed revisions may be a windfall to the participants who have in -lieu fees at the present time; however, it perpetuates an extraction of money but does not provide any parking for said participants. He commented that it perpetuates a bad program in that the parties will be taxed without any benefits. In response to a question posed by Commissioner Merrill regarding how the current participants would continue to exist if the program were abolished, Mr. Hewicker explained that the participants would be able to continue to operate but would not be required to • purchase the in -lieu parking spaces. Commissioner Pers6n stated that the purpose of the in- lieu parking program is to charge a fee to provide parking, and discussion ensued regarding the use of the Cannery Village and Mariner's Mile Municipal Parking Lots. Commissioner Winburn and Mr. Hewicker discussed the period of years of recommended action and the Consumer Price Index as stated in the staff report. Commissioner Winburn concluded that redevelopment and intensification as it relates to restaurants could be discouraged. Commissioner Pers6n stated that the one circumstance under which he would support the continuation of the extract would be if the City Council would be willing to take the money and put it into an interest bearing account that accrues interest to the in -lieu fee holders, and it would remain in the account in trust until such time as parking is provided. He commented that if that would not be provided within a ten year period, then the holders would get their money back. Commissioner Merrill stated that if the City received • money and built a parking lot, how would the traffic be affected if more automobiles could be parked as opposed to not having parking and forcing people to walk. Mr. Hewicker suggested that it may be that the fees could be -33- COMMISSIONERS yGG F y��9��y9y� 9y90 y �C °u+ O December 8, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX collected for alternative uses as opposed to physically providing parking. Commissioner Merrill stated that he would agree to increase the in -lieu fees to the point that it would force people to make decisions to find an alternate location or to solve the parking problem. Commissioner Pers6n addressed policies that could be considered when the Central Balboa Specific Area Plan is proposed, Discussion ensued regarding the amount of in -lieu money that is raised through the in -lieu parking program. Commissioner Di Sano agreed with Commissioner Pers6n regarding the in -lieu program as it would relate to the Central Balboa Specific Area Plan, and he discussed alternatives that would work to keep congestion off of the Balboa Peninsula. Commissioner Winburn addressed the attempt that has been made to change the in -lieu parking program, and she pointed out that it would not totally eliminate the in- lieu parking that is currently in existence. Commissioner Debay referred to Option 2, and she pointed out that it would discontinue the sale of additional in- lieu parking spaces. She commented that interested parties could feasibly purchase and then remove the structure adjacent to their businesses so as to provide adequate parking for their establishments. She further suggested that coin - operated parking lots could be considered. The Planning Commission considered the options that they could make so as to recommend a specific option to the Motion * City Council. Motion was made and voted on to recommend All Ayes to the City Council, as a minimum, that there be no future in -lieu fees granted. MOTION CARRIED. Request to consider amending Districting Mans No. 51 and Item No. 52 so as to reclassify a portion of "Buck Gully" from D -3 the R -1 -B District to the 0 -S (P) District. Buck INITIATED BY: City of Newport Beach Gully n ..Motion was made and voted on to set this matter for public hearing at the January 5, 1989, Planning -34-