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HomeMy WebLinkAbout12/10/1981CALL Moottsi on Main Motion Ayes Abstain Motion All Ayes Motion All Ayes 0 AISSIC)NERS REGULAR PLANNING COMMISSION MEETING MINUTES Place: City Council Chambers Time: 7:30 p.m. Date: December 10, 1981 x 1 � City of Newport Beach INDEX ry ._I._I Commissioners Allen and Balalis were absent. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Acting City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Ben Nolan, Public Works Director Pamela Woods, Secretary - - - - APPROVAL OF THE MINUTES - Staff advised the Commission of the following requested . continuances, to the. Regular Planning Commission Meeting of January 7, 1981: Item No. 9 - Resubdivision No. 716, Item No. 10 - Use Permit No. 1908 (Amended), and Item No. 17 - Use Permit No. 1717. Staff further advised the Commission of the following requested continuances to the Regular Planning Commission Meeting of January 21, 1981: Item No. 11 - Use Permit No. 1929 (Amended), and Item No. 18 - Amendment No. 568: X Motion was made to continue the above listed items as X X X stated, which MOTION CARRIED. -1- Motion was made to approve the Minutes of the Regular . X X Planning Commission Meeting of October 29, 1981, as X written, which MOTION CARRIED. Motion was made to approve the Minutes of the Regular X X Planning Commission Meeting of November 5, 1981, as X written, which MOTION CARRIED. Motion was made to approve the Minutes of the Regular X X X Planning Commission Meeting of November 19, 1981, as written, which MOTION CARRIED. Staff advised the Commission of the following requested . continuances, to the. Regular Planning Commission Meeting of January 7, 1981: Item No. 9 - Resubdivision No. 716, Item No. 10 - Use Permit No. 1908 (Amended), and Item No. 17 - Use Permit No. 1717. Staff further advised the Commission of the following requested continuances to the Regular Planning Commission Meeting of January 21, 1981: Item No. 11 - Use Permit No. 1929 (Amended), and Item No. 18 - Amendment No. 568: X Motion was made to continue the above listed items as X X X stated, which MOTION CARRIED. -1- December 10, 1981 MINUTES City of Newport Beach E 1W CALL I I I 1 I I I I INDEX Request to construct a 20 unit time -share condominium development and related parking area in the C -1 -H District that exceeds the basic height within the 26/35 Foot Height Limitation District and the acceptance of an Environmental Document. AND Request to establish a single building site for a 20 unit residential time -share condominium project where two lots and a portion of two other lots now exist. LOCATION: Lots 5, 6, and a portion of Lots 4 and 7 - of Tract No. 1622, located at 3336 Via Lido, on the northeasterly side of Via Lido between Via Oporto and Via Malaga in the Lido Village area. ZONE: C -1 -H APPLICANTS: R. V. Hogan Company and Spangler/ Shachtman and Associates, Newport BEach OWNER: Robert Glasser, Newport Beach ENGINEER: Donald E. Stevens, Inc., Costa Mesa Agenda Item Nos. 1 and 2 were heard concurrently due to their relationship. Planning Director Hewicker presented background information on these items and stated that the applicant has revised the project in accordance with the desires of the Planning Commission, which were indicated at the last public hearing. The public hearing opened in connection with these items and Mr. Dick Hogan, representing the applicant, appeared before the Commission. Mr. Hogan stated that they have revised the project as previously suggested by the Planning Commission. He stated that they have reduced the size of the total project by over .5,000 square feet. He stated that the only issue at tonight's meeting should be the proposed use itself, because the use as proposed, meets all of the required criteria at this location. • I I I I I I -2- .I Item #1 USE PERMIT NO. 2019 AND Item #2 RESUB -. DIVRF-9IS_ION BOTH DENIED COMMISSIONERS December 10, 19 81 MINUTES 27 � x �a y City of Newport Beach CALL INDEX Mr. Hogan stated that the proposed use, along with the current incentive uses, would be consistent with the' Local Coastal Plan. He stated that other uses which could be permitted at this location, would create a substantially greater traffic generation during peak hours. He stated that residential uses are not permitted at this location because this is.a commercial district. He requested that the Commission approve the revised project. Ms. Pat Strang, representing Newport Heights, Homeowner's Association, stated that their Board has voted unanimously that this is an inappropriate location to experiment with a time -share condominium use on the waterfront. She requested that an Ordinance be proposed which would regulate this type of project. Mr. Frank Webber, Chairman of the Lido Homeowner's Association, referred to their letter dated November 18, 1981, in which the Board voted unanimously against the proposed time -share project, for reasons of • overcrowding, undesirable use, additional height concerns, parking and traffic concerns. Ms. Betty Robinson, resident of Newport Beach and owner of Laguna Shores time -share condominium project, appeared before the Commission. Ms. Robinson stated that the proposed project is too small to be successful. She stated that Laguna Shores was extremely successful because two years ago, the marketplace was quite different. She stated that the resale program at Laguna Shores has not been successful. She stated that the Commission must address the problems of failure with projects of this nature. In response to a question posed by Chairman McLaughlin, Ms. Robinson stated that Laguna Shores contains 34 units with 1700 available shares (34 units times 50 weeks). She stated that no traffic problems were encountered, because it was previously a motel use. She also stated that it continues to operate as a motel use when the owners buy "bonus time." She stated that "bonus time" is when an owner can stay for the night, when there is an unrented unit. • Commissioner Beek asked if the "bonus time" was available only to owners of a unit. Ms. Robsinson stated that they would not have to be owners of a unit. -3- NISSIONEKS December 10, 1981 MINUTES City. of Newport Beach INDEX In response to a question. posed by Commissioner Winburn, Ms. Robinson stated that the original' purchasers of the time -share units at Laguna Shores came primarily from Southern California. She stated that they participate in Resort Condominium International, which is a very successful program. Mr. Frances Grace, resident of 601 Lido Park Drive, stated that he received no notification of this public hearing and expressed his opposition to this project. Planning Director Hewicker stated that only owners of properties within 300 feet of the property in question were notified, along with the related homeowner's associations. Mr. Bill Shaver, resident of Lido Isle, expressed his concerns relating to traffic congestion, parking and noise. He stated that a great deal of noise will be generated from the porches and patios which face the Bay. He stated that the buyers of the units may not create problems, but the tenants of the exchange • program may create problems. He stated that approval of this project, will be detrimental to the persons residing in the neighborhood of such use.' Ms. Marion Pickens, President of the Lido Isle Community Association, appeared before the Commission in opposition to the proposed time -share condominium and the time -share concept. She stated that regardless of the size of the project or the number of units, they would object to such a use. She requested that the Commission adopt an Ordinance which would ban time share facilities within the City, or at least adopt an Ordinance which would regulate such uses. Mr. Sohn Dryden of 3326 Via Lido, stated that over 300 Lido Isle residents have shown their opposition to this project. He stated that this particular type' of, development would not be suitable at this location and would be detrimental to persons residing and working in the neighborhood of such proposed use'. Mr. Dryden asked how the incentive uses, as set forth in the Local Coastal Plan, relate to this proposed project. In response to Mr. Dryden's question, Planning Director Hewicker stated that the site includes not only the . land area of the property, but also the water area. He -4- CUMM155IUNEItS December 10, 1981 MINUTES V i D y � City of Newport Beach CALL INDEX stated that the existing water uses on the property constitute the incentive use for the site. In response to a question posed by Commissioner Beek, Planning Director Hewicker stated that the property line extends out into the'water. Mr. Hogan stated that the boat slips are also within the property lines of this project. He stated that the boat slips are.leased to Lido Marina Village and are operated in accordance with the plans as approved by the City. Mr. Bob Burnham, Acting City Attorney, stated that the Marine Department would have authority to control any change' in use over the tidelands property. -5- Ms. Gloria Rowe, resident of 1611 Cliff Drive, stated that she is opposed to the project because it will adversely affect the traffic and the quality of life in the City. In response to a question posed by Commissioner Beek, Planning Director Hewicker discussed the proposed time- share condominium use versus existing uses on the site and other uses which could be permitted. Commissioner Beek stated that a time -share concept offers very little to the buyer, other than the opportunity to vacation somewhere else. He stated that the time -share proposal will be a detriment to the community because its tenants will be transient and will not have a pride of ownership or a vested interest. Mr. Hogan requested the Commission to consider the. practical and economically feasible uses which could be applied to this property. He added that residential condominiums are not permitted on the site. He stated that the proposed time -share condominium would be less detrimental to the area, than any other feasible project which could be developed at this location. Mr. John Dryden stated that the uses considered for this property should be in accordance with the General Plan. He stated that* they are against the time -share concept for this particular area. Chairman McLaughlin stated that the developer did make substantial changes to the plan as suggested by the •. Planning Commission, but that this is the wrong time ' and the wrong place for the proposed time -share condominium. -5- (O December 10, 1981 Of Beach MINUTES ■ Rim CALL I III III I I INDEX Motion All Ayes 0 Motion was made for denial of Use Permit No. 2019, subject to the following findings, which MOTION CARRIED: FINDINGS: 1. That the proposed use of the subject property for a time -share condominium is inappropriate due to the existing high level of traffic presently on Via Lido, and further, that such use will generate additional traffic during peak hours and week ends which will serve to worsen the present traffic situation. 2. Given the trip ends cited by staff, the project could produce an additional 93 trips per day over those generated by existing uses. This would be an increase of approximately 76 %. 3. That the proposed use of the subject property for a time -share condominium is inappropriate in that such a use is characteristic of having a high volume of visitor related trips, and further, that the proposed number of guests parking spaces are inadequate to service, the parking demands of such a use. 4. That the existing high demand for parking in the surrounding area requires that all future development in the Lido Village area must be totally self- sufficient relative to required onsite parking. 5. Information generated by the staff and presented at the hearings has indicated that his type of use may be better suited along an arterial highway and away, from an area of permanent residents. This project meets neither of those criteria. 6. That the establishment, maintenance or operation of a time -share condominium will', under the circumstances of this particular case, be detrimental to the health, safety, peace, morals, comfort and general.welfare of persons residing or working in the neighborhood of such proposed use, and be detrimental or injurious to property and improvements in the neighborhood, and the general welfare of the City. Im COMMISSIONERS December 10, 1981 MINUTES Flax 9 City of Newport Beach M MW CALL I I I I Jill I INDEX Motion Motion was made for denial of Resubdivision No. 696, All Ayes X X'X * * subject to the following findings, which MOTION CARRIED: FINDINGS: 1. That the map is not in conformity with all ordinances of the City (Title 20), for the reasons cited in denying Use Permit No. 2019. - 2. That the Commission is not satisfied with the plan of subdivision. Request to create four parcels of land for single Item 03 family residential purposes where one parcel presently exists, and the acceptance of an Environmental Documents. RESUB- • - -- DIVISION LOCATION: A portion of Lot 2, Newport Heights NO. 707 Tract, located at 2961 Cliff Drive, constituting the entire easterly side of - - Santa Ana Avenue, between Cliff Drive and an unimproved portion of Avon Street in Newport Heights. - Continued to January ZONE: R -1 APPLICANT: Jeffery A. Hartman Enterprises, Newport Beach OWNER: Helen F. Kreutzkamp, Newport Beach Planning Director Hewicker referred to Exhibit "A:', Finding for Denial No. 2, and stated that "evidence of soil movement and slippage in the area of the development". is not applicable to this particular project. He stated that this statement should be deleted from the finding. He referred to the remainder. Of Finding No. 2 and stated that..there may be ways in which to mitigate the substantial alterations. -7- December 10, 1981 Nn Beach MINUTES M R W L CALL 1 1 1 1 1 1 1 1 I INDEX The public hearing opened in connection with this item and Mr. Jeffrey Hartman, the applicant, appeared before the Commission. Mr. Hartman stated that the improvements as required by the Public Works Department will be extremely expensive. He stated that they have met with the Public Works Department in an attempt to resolve the completion of Avon Street. Mr. Hartman then described the proposed project to the Commission and stated that the site is suitable for this type of project. Mr. Ben Nolan, Public Works Director, stated that the recommendation of the Public Works Department is in conformance with the Specific Area Plan for Mariner's Mile. He stated that the requirement for improving the adjacent street is a normal condition of development. He stated that the topography makes it difficult to make the Avon Street connection, but that it can be done. Mr. Nolan suggested that a continuance would be helpful. Commissioner Beek stated that the project should be • reduced in size by one lot. He encouraged the applicant to negotiate with the Public Works Department relating to Avon Street. Chairman McLaughlin also . expressed her concern with the requested four parcels. Mr. Hartman stated that four lots are necessary to make the project feasible, considering the amount of public improvements which are being requested. Mr. Donald Olson, co -owner of property located at 3300 W. Coast Highway, underlying the subject property, expressed his concerns relating to land slippage on this property. He stated that the property also has a subterranean runoff problem and an underground spring. He stated that approval of a subdivision on this sloping lot would be detrimental to the neighborhood. He also stated that the density requested is not consistent with the General Plan. Mr. Hugh Hesse, resident of 231 Santa Ana Avenue, submitted to the Commission petitions containing approximately 60 signatures of residents and property owners of the area which are in opposition to this item. He stated that there should be no building on this type of slope. He also stated that the density • I I I ' I I I I requested is too high and is not consistent with the General Plan. 1111111! -B- December 10, 1981 MINUTES y 11 Gtv of Newoort Beach INDEX Ms. Helen Kreutzkamp, the owner of the subject property, stated that she has lived on this property for 35 years and that there is no soil slippage or underground springs on the property. She referred to her letter to the Planning Department dated December 8, 1981, and stated that this land is buildable as proposed. Mr. Jeff Jones, resident of 3012 Cliff Drive, expressed his concern that. the building will not obstruct any views. He also stated that the access onto Santa Ana Avenue should be studied further. Ms. Pat Strang, representing Newport Heights Community Association, stated that they recommend a denial on - this item. She suggested that Avon Street become a cul -de -sac at this location, for the safety of the community. Chairman McLaughlin asked the applicant if he would be agreeable to a continuance on this item, for further • meetings with the Public Works Department. Mr. Hartman stated that this would be agreeable. Motion X All Ayes X X Motion was made to continue Resubdivision No. 707 to the Planning- Commission Meeting of January 21, 1982, which MOTION CARRIED. A request to permit the construction of a three - story, Item #4 combined commercial residential building on an existing,. developed site located in the retail service commercial area of the Mariners' .Mile Specific Plan Area. The USE PERMIT proposal also includes a request to exceed the basic NO. 2 449: height limit in the 26/35 Foot Height Limitation District and to allow a total floor area which exceeds .5 times the buildable area of the site. The proposal also includes a request to pay an annual in -lieu fee to Continued " t0.ldnlidly the City for a portion of the required off - street parking spaces, a modification to the zoning Code so as 21, 1982 to allow the use of compact car spaces, and the acceptance of an Environmental Document. - -9- COMMISSIONERS December lo, 1981 MINUTES Cr s City of Newport Beach RW CALL I INDEX 0 0 LOCATION: A portion of Lot A, Tract No. 919, located at 2400 West Coast Highway, on the northerly side of West Coast Highway, approximately 350 feet easterly of Tustin Avenue, in Mariners' Mile. ZONE: SP -5 APPLICANT: Susan Cuse, Santa Ana OWNER: Same as applicant Planning Director Hewicker presented background information on this request. He stated that the bids for the off -site Municipal parking lot are to be submitted to the City in January, with construction of the lot anticipated for February. He further stated that until the bids are received and construction of the lot has begun, it is not certain when the lot will be built. The public hearing opened in connection with this item and Ms. Susan Cuse, the applicant and owner, appeared before the Commission. Ms. Cuse referred to Condition No. 20 in the staff .report, and suggested that the following language be added: "That this easement will . terminate at such time as in -lieu parking is no longer required of the property owner." She stated that.if sometime in the future the project should no longer require in -lieu parking, then she would not like to continue with the easement. Ms. Cuse distributed to the Commission a hand -out and a . map which depicted parking and density requirements in the Mariner's Mile Specific Area Plan. She stated that she will be able to provide 34 parking spaces and is requesting only 22 in -lieu parking spaces for the proposed project. Commissioner Beek stated that an easement through the property would seem to enhance the access for the proposed retail uses on the property. Ms. Cuse stated that a vehicular easement differs from a pedestrian easement. Mr. Ben Nolan, Public Works Director, stated that a vehicular ingress and egress easement is intended to be used for vehicles. -10- COMMISSIONERS December lo, 1981 MINUTES ' x � g a�� Of Beach Planning Director Hewicker stated that the marine related uses and parking requirements for same, can not be determined at this time. INDEX Original Chairman McLaughlin Motion motion for denial Withdrawn Y substitute motion. area is too high. development should density. stated that she would withdraw her and support Commissioner King's She stated that .9 x the buildable She stated that the residential always be included as a part of the -11- Mr. David Kramp, resident of 5208 River Avenue, stated that the Mariner's Mile Area is blighted and that any improvements, such as this proposal, should be encouraged by the City. Mr. Jones, resident of Newport Beach, stated that he is in favor of an owner /occupied development. He also requested that the City proceed with the proposed Municipal parking lot. Commissioner Beek stated that this is the first experience the Commission has had with the proposed Municipal parking lot and allocating the in -lieu spaces. He asked staff for an estimate on how the spaces in this lot could be allocated for the commercial properties. Planning Director Hewicker described the parking demands of the commercial. • properties in this area. In response to a question posed by Chairman McLaughlin, Mr. Nolan stated that if the schedule for the proposed Municipal parking lot should proceed as planned, construction would begin in February and would take approximately 60 to 90 days to complete. Motion X Motion was made for denial of Use Permit No. 2049, in that'the density of the entire project is too high. Substitute Substitute Motion was made to continue Use Permit No. Motion. X 2049 to the. Planning Commission Meeting of January 21, 1982. He sated that this would allow for discussions with the applicant on the density of the project and for the.staff to address the parking allocation system. He stated that the issue of marine related uses and the parking should be explored further. Original Chairman McLaughlin Motion motion for denial Withdrawn Y substitute motion. area is too high. development should density. stated that she would withdraw her and support Commissioner King's She stated that .9 x the buildable She stated that the residential always be included as a part of the -11- COMMISSIONERS December lo, 1981 MINUTES cr City of Newport Beach 7 INDEX Commissioner Beek expressed his concern with the proposed Municipal parking lot and the in -lieu spaces which are being requested by the applicant. Commissioner Winburn stated that she concurs with the concerns expressed by the Commissioners. She also stated that she is concerned with the height and the density of the project. Planning Director Hewicker clarified that the proposed Municipal parking lot will be a ,public lot and spaces can not be allocated to any particular user. Commissioner King requested information relating to the properties which are within a radius of the lot and the number of required spaces versus what is available. All Ayes X X X X.* * Commissioner King's motion for a continuance to January 21, 1982 on this item, was now voted on, which MOTION CARRIED.. Request to amend a condition of approval of Item #5 Resubdivision No. 629 that permitted the subdivision of 215 acres into four parcels. Said amendment is to reduce the required time period of pre -sale notices and the opportunity to purchase dwelling units within the Aeronutronic Ford Planned Community for employees of RESUB- the Newport Beach facility of Ford Aerospace and DIVISION Communications Corporation. NO. 629 LOCATION: Property generally bounded by Bison Avenue, Jamboree Road, Ford Road; and. MacArthur Bouelvard, in the Aeronutronic Ford Planned Community. APPROVED ZONE: P -C APPLICANT: J. M. Peters Company, Inc., Newport, Beach OWNER: Same as applicant ENGINEER: Robert Bein, William Frost & Associates, ' Newport Beach -12- Motion X Ayes X X X Noes Absent • • December 10, 1981 rem Beach MINUTES INDEX The public hearing opened in connection with this item and Mr. Bob Trapp, representing the J. M. Peters Company, appeared before the Commission and requested approval of this item. Commissioner Beek' stated that the proposed 30 days,' notice period is too short. Mr. Trapp stated that the 30 day time period gives the employee more than adequate time to decide if he or she wants to purchase a unit. Motion was made to amend Condition of Approval No. 46 of Resubdivision No. 629, dealing with purchased units as follows, which MOTION CARRIED: 46. Applicant shall record as part of the Covenants; I Conditions and Restriction on this subdivision the following provisions: Purchased Units The employees of Ford Motor Company, or any affiliate, working at the Newport Beach facility of Ford Aerospace and Communication Corporation, shall' be given thirty (30) days' notice of sale and opportunity to purchase prior to the dwelling units' first being made available to the general public. Said notice shall be deemed properly given by point in at lease ten (10) conspicuous locations inside of or on the Newport Beach corporate property and by publication in the corporate newsletter. Said notice shall no longer be required after the original sale of the dwelling units. Each employee would be required to sign a representation at the time possession of the residence is delivered, ' stating: (i) that employee is at the time still an employee of the Ford Motor- Company, or any _ affiliate, working at the Newport Beach facility of Ford Aerospace and Communication Corporation and has no present intention to use the property as his principal residence. -13- • • December 10, 1981 GtV Of Beach MINUTES The offers would be on terms and at prices the same as or no higher than the terms and prices which applicant would offer to the public generally upon expiration of the priority period as described above. This condition shall be subject to applicant's compliance with all laws, including, specifically the California Subdivided Lands Act, under which the Department of Real Estate regulates the sale of residences to individuals. (The remaining portion of the original Condition No. 46 pertaining to rental units is inapplicable inasmuch as all rental housing units have been deleted from the project). - Request to approve the Final Map of Tract .No. 11605 subdividing 10.086 acres into nine (9) numbered lots for single family residential purposes, one (1) lettered lot (Lot A) for private landscape purposes and one (1) lettered lot (Lot B) for private street purposes. LOCATION: Lot 27 of Tract No. 11043, located at the southerly corner of Bison Avenue and MacArthur Boulevard, in the Aeronutronic Ford Planned Community. AND Request to approve the Final Tract Map 11377, being the last portion of Tentative Map of Tract 11377, subdividing, 12.115 acres into two (2) numbered lots for residential condominium purposes and one (1) lettered lot (Lot A) for private street purposes. LOCATION: - A portion of Tract No. 11042, located at the southwesterly corner of Bison Avenue and Belcourt Drive North (private street) in the Aeronutronic Ford Planned Community. ZONE: P -C -- APPLICANT: J. M. Peters Company, Inc., Newport Beach -14- INDEX Item #6 FINAL MAP OF TRACT NO. 11.605. AND Item #7' FINAL MAP OF TRACT NO. 11,377 BOTH APPROVED' CONDI TIONTULY CUMMIYAUNEKJ D g N > December 10, 1981 MINUTES City of Newport Beach CALL INDEX OWNER: Same as applicant - ENGINEER: Robert Bein, William Frost & Associates, Newport Beach Agenda Item Nos. 6 and 7 were heard concurrently due to their relationship. The discussion opened in connection with these items and Mr. Bob Trapp, representing the J. M. Peters Company, appeared before the Commission and requested. approval of these items. Motion X. All Ayes X X X * * Motion was made for approval of Final Map of Tract No. 11605, subject to the following finding and condition, which MOTION CARRIED: - - - - FINDING: -- -' 1. That the proposed Final Map substantially conforms with the Tentative Map and with all changes permitted and all requirements imposed as • conditions to their acceptance. CONDITION: 1. That all remaining conditions of the Tentative Map of Tract No. 11605 as approved by the City Council on October 13, 1981 be fulfilled. Motion X Motion was made for approval of Final Map of Tract No. All Ayes X Y X X * * 11377, subject to the following finding and condition, which MOTION CARRIED:. .. - FINDING: 1. That proposed Final Map substantially- conforms with the Tentative Map and with all changes permitted and all requirements imposed as conditions to their acceptance. CONDITION: 1. That all remaining conditions of the Tentative Map of Tract No. 11377 as approved by the City Council on March 9, 1981 be fulfilled. -15- COMMISSIONERS December 10, 1981 of Newport Beach MINUTES 0 ILL CALL I I I I I I I I I INDEX 0 Motion Al Ayes The Planning Commission recessed at 10:05 p.m. and reconvened at 10:15 p.m. Request to establish one building site and eliminate an interior lot line where two lots and a portion of an abandoned street now exist so as to allow the remodel and expansion of the Mesa Motel. LOCATION: Lots 19 and 20 of Tract No. 27 and an abandoned portion of Newport Boulevard, located at 415 North Newport Boulevard, on the westerly side of North Newport Boulevard, between Hospital Road and Bolsa Avenue, in the "Old Newport Boulevard Area ". ZONE: C -1 APPLICANT: Swo -Lin Chai, Newport Beach OWNER: Same as applicant ENGINEER: Contemporary Land Systems, Irvine The public hearing opened in connection with this item and Mr. Swo -Lin Chai, the applicant, appeared before the Commission and requested approval of this item. Item #8 RESUB- DI —VI SION NO. 715 APPROVED CONDI- TIONALLY X X X * * Motion was made for approval of Resubdivision No. 715, subject to the following findings and conditions, which MOTION CARRIED: .. FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach. Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied . with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. The project will not have any significant environmental impact. -16- COMMISSI(>NEKS MINUTES December 10, 1981 City of Newport Beach CALL INDEX CONDITIONS: 1. That a parcel map be filed. 2. The driveway shall have a minimum bottom width of 241 -0 ". 3. That all conditions of approval for Use Permit No. 2015 shall be fulfilled. Item #9 Request to establish one building site and eliminate an interior lot line where portions of two parcels presently exist. LOCATION: A portion of Lots 7 and 8, Tract No. 4225, located at 1617 Westcliff Drive, RESUB- • on the southwesterly side of Westcliff DIVISION Drive, between Irvine Avenue and Dover NO. 716 Drive, in the Westcliff area. ZONE: C -N -H Continued APPLICANT: Mr. C. T. Jewell, Santa Barbara to January 7, 19K OWNER: The Irvine Company, Newport Beach ENGINEER: Van Dell and Associates, Irvine Staff advised that the property owner has requested . that this item be continued to the Planning Commission. Meeting of January 7, 1982. An X AllMotion All Ayes. X. X X * * was made to continue this item Resubdivision No. 716 to the Planning Commission Meeting of January 7, 1982, which MOTION CARRIED. • IIIIIIII I COMMISSIONERS December lo, 1981 MINUTES' g City of Newport Beach CALL INDEX Request to change the operational characteristics of an' Item 010 existing restaurant so as to allow a daytime lunch operation during the week where the existing use permit now permits the opening of the restaurant facility after 5:00 p.m. Monday through Friday. USE PERMIT NO. 1908 LOCATION: Parcel 1 of Parcel Map 79 -733 Amended (Resubdivision No. 645), located at 3520 East Coast Highway, on the northerly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue, in Continued Corona del Mar. t0 January ZONE: C -1 7, 1982 APPLICANT: Carmelo Manto, Corona del Mar OWNER: United California Bank, as trustee for Lola Bernice Baltz, Santa Ana - Staff advised that the applicant has requested that this item be continued to the Planning Commission Meeting of January 7, 1982. Motion X Motion was made to continue this item, Use Permit No. All Ayes X Y X * * 1908 (Amended), to the Planning Commission Meeting of January 7, 1982, which MOTION CARRIED. - - Request to amend certain conditions of approval of Use Item #11 Permit No. 1929 (Amended) that permitted a temporary' bank building and drive -up teller facility in the P -C. District so as to extend the time period of said USE-PERMIT permit. NO. 1929 LOCATION: A portion of Block 92 of Irvine's Amen ed -- Subdivision, located at 2344 East Coast Highway, on the northwesterly corner of East Coast Highway and MacArthur.- Boulevard, in Corona del Mar. Continued' to.January 21, 1982 ZONE: P -C - - APPLICANT: Newport Harbour National Bank, Newport - - Beach • -18- December 10, 1981 y s Gtv of Beach OWNER: The Irvine Company, Newport Beach MINUTES INDEX The discussion opened in connection with this item and Mr. Brion Jeannette, representing the applicant, referred to Condition of Approval No. 18, and asked why the alley must be improved with concrete, rather than asphalt. He also asked why the applicant is being required to improve the full alley. Mr. Ben Nolan, Public Works Director, stated that the - alley does provide access to a part of the required parking for this commercial project which is located in a commercial zone. • IIIIIIII -19- Staff advised that the applicant has requested that this item be continued to the Planning Commission Meeting of January 21, 1982. Motion All Ayes X X X X X * * Motion was made to continue this item, Use Permit No. 1929 (Amended), to the Planning Commission Meeting of _ January 21, 1982, which MOTION CARRIED. - .. Request to permit the construction of a commercial art Item #12 gallery and related office in the Old Newport Boulevard Specific Plan Area where a specific plan has not been adopted, and the acceptance of an environmental document. SITE PLAN REVIEW • LOCATION: Lot 1, Tract No. 443, located at 522 - 6 28 North Newport Boulevard, on the southeasterly corner of North Newport Boulevard and 15th Street, in the "Old Newport Boulevard Area ". .APPROVED ZONE: C -1 CONDI- TIMNALLY - -- APPLICANTS: Eugene and Susan Spiritus, Newport Beach OWNER: Same as applicants ' The discussion opened in connection with this item and Mr. Brion Jeannette, representing the applicant, referred to Condition of Approval No. 18, and asked why the alley must be improved with concrete, rather than asphalt. He also asked why the applicant is being required to improve the full alley. Mr. Ben Nolan, Public Works Director, stated that the - alley does provide access to a part of the required parking for this commercial project which is located in a commercial zone. • IIIIIIII -19- COM/V\ISSIONERSI December lo,, lgsl MINUTES ff f(m�p W itv of Newport Beach Mr. Jeannette expressed his concern that Condition No.' 18 will also necessitate the construction of a two.foot retaining wall. Mr. Nolan suggested a reduction in the. improved alley width of 14 to 16 feet, which would provide for adequate vehicular access. Mr. Nolan stated that concrete alleys have proven to be more satisfactory than asphalt alleys. He stated that the cost of an asphalt alley with a concrete ribbon in the center for drainage purposes, is not much different' from the cost of concrete alleys. Mr. Jeannette stated that they would be agreeable to a 14 foot alley, with the option of either concrete or asphalt with a concrete ribbon, for the alley improvement. Mr. Jeannette referred to Condition of Approval No. 8 and requested that the requirement for a 'licensed "landscape" architect be deleted and replaced with a licensed architect. on X Motion was made for approval of Site Plan Review No. Ayes X X X X * * 28, subject to the following findings and conditions, including the amendments to Condition No. 8 which would eliminate the requirement for a licensed landscape architect and would only necessitate an licensed architect; and Condition No. 18, that the width of the alley be reduced to 14 feet and be improved either with concrete or asphalt with a concrete ribbon, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed development is a high - quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. -20- INDEX COMMISSIONERS December lo, 1981 MINUTES City of Newport Beach L CALL 771111 INDEX 4. The proposed development does not.adversely affect the public benefits derived from the expenditures' of public funds for improvement and beautification of street and public facilities within the area. 5. The proposed development will not preclude the attainment of the specific area plan objectives stated in the Land Use Element of the General Plan. 6. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. 7. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially- significant environmental effects, and that the project will not result in significant environmental impacts. • - CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That a clear unobstructed ten (10) foot rear setback shall be provided along the full width of the site. 3. That any proposed exterior lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent streets, and . residential areas. 4. Should any resources be uncovered during construction, a qualified archaeologist or paleontologist shall evaluate the site prior to completion of construction activities, a_nd ih accordance with City Policies K -6 and K -7: 5. Final design of the project shall provide for the incorporation of water - saving devices for project • lavatories and other water -using facilities. -21- COMMISSIONERS cr �r g y December lo, 1981 MINUTES City of Newport Beach L CALL INDEX 6. The final design of the project shall provide *for the sorting of recyclable material from other' solid waste. 7. The applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. 8. A landscape and irrigation plan for the project shall be prepared by a licensed architect. 9. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 10. The landscape plan shall include a maintenance program which controls the use of fertilizers and ` pesticides. 11. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid • surface runoff and over - watering. 12. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize.-any potential impacts from silt, debris, and other water pollutants. 13. The grading permit shall include, if required, a description of haul routes, access points to the site and a watering and sweeping program designed to minimize impact of haul operations. 14. An erosion and dust control plan, if required, . should be submitted and be subject to the approval of the Building Department. 15. That an erosion and siltation control, if required, be approved by the California Regional Water Quality Control Board - Santa Ana Region, and the plan be submitted to said Board ten days prior to any construction activities. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. • 11111111 -22- December 10, 1981 � k g R City of Beach MINUTES INDEX 17. That a 15 foot radius corner cutoff at the corner of 15th Street and North Newport Boulevard be dedicated to the public. 22. That any retaining walls or other non - standard improvements constructed within the public right -of -way, shall be constructed under an encroachment permit having City Council approval. x Request to convert and expand an existing retail shoe Item #13 maker shop, and the Red Carpet Bar, into a single restaurant facility with an outdoor patio area, including the service of alcoholic beverages and live entertainment. The proposal also includes a request to USE PERMIT pay an annual in -lieu fee to the City for the required .'.NO. 2 1045 off - street parking spaces and a modification to the Zoning Code so as to allow existing and ,proposed encroachments into the required 10 foot rear setback, adjacent to an alley in the C -1 District. • I I I ( I ( -23- 18. That street improvements (curb, gutter, sidewalk and pavement) be constructed along the North Newport Boulevard and the 15th Street frontages and that the existing unimproved alley be improved with either 14 foot wide concrete or asphalt with a concrete ribbon adjacent to the parcel. The improvement plans shall be prepared by a licensed Civil Engineer using the City's standards. 19. That a standard subdivision agreement and accompanying surety shall be provided to guarantee' the satisfactory completion of public improvements, if it is desired to obtain a . building permit prior to completion of the public improvements. 20. That the proposed driveway shall be constructed in accordance with City Standard Plan 160 -L with a minimum width of 24 feet. 21. That the fire hydrant at the alley and 15th Street be relocated to a location to be approved by the Public Works Department. 22. That any retaining walls or other non - standard improvements constructed within the public right -of -way, shall be constructed under an encroachment permit having City Council approval. x Request to convert and expand an existing retail shoe Item #13 maker shop, and the Red Carpet Bar, into a single restaurant facility with an outdoor patio area, including the service of alcoholic beverages and live entertainment. The proposal also includes a request to USE PERMIT pay an annual in -lieu fee to the City for the required .'.NO. 2 1045 off - street parking spaces and a modification to the Zoning Code so as to allow existing and ,proposed encroachments into the required 10 foot rear setback, adjacent to an alley in the C -1 District. • I I I ( I ( -23- • � m December 10, 1981 MINUTES ity of Newport Beach Request to establish a single parcel of .land and eliminate an interior lot line where two lots.presently exist so as to allow the remodel and expansion of an existing commercial building. LOCATION: Lots 7 and 8, Block 6, Balboa Tract,' located at 109 -111 Palm Street, on the westerly side of Palm Street between West Balboa Boulevard and West Ocean Front, in the Central Balboa area: ZONE: C -1 APPLICANT: Thirtieth Street Architects, Newport Beach OWNER: Douglas Cavanaugh, Jr., Balboa Island ENGINEER/ APPLICANT: Same as applicant Agenda Item Nos. 13 and 14 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Douglas Cavanaugh, the owner, appeared before the Commission. Mr. Cavanaugh delivered to the Commission a slide presentation and discussion which depicted existing buildings on the property and adjacent properties. He described for the Commission the proposed plan for the Palm Street Cafe. He stated that the music will be low -key listening music and will not be projected onto the patio. Mr. Cavanaugh stated that Laguna Federal Savings has agreed verbally to a parking agreement. He stated that this would be a nightly use, with 21 parking spaces, or a valet parking system could accommodate 36 parking spaces on the lot. He stated that in utilizing a valet parking system on this lot, the requirement of 28 spaces would be provided for this project. He distribute to the Commission a hand -out which indicated the full capacity days and evenings at the Balboa Pier Municipal Parking Lot. -24- INDEX Item #14 RESUB DIVISION NO. 713 APPROVED COW-: TI NALLY COMMISSIUNLF ) > December 10, 1981 MINUTES City of Newport Beach R CALL INDEX Mr. Cavanaugh submitted to the Commission a letter dated December 10, 1981, from the Balboa Improvement Association which stated that of the ten responses received, nine were in favor of the project. He stated that many other local property owners and local merchants are in favor of this project. He stated that the proposed project will greatly clean up the corner and will provide a better image for the fun zone and the pier area. Commissioner King asked Mr. Cavanaugh if he would consider a reduction in the encroachment of the setback in order to provide a greater serviceability area of the alley for the restaurant deliveries. Mr. Cavanaugh stated that the restaurant as currently proposed, contains the minimum of square footage in order to be feasible and successful. Mr. John Loomis, architect for the project, stated that they are proposing a remodel and a small addition to an existing non- conforming building. He referred to the . floor plans and elevations of the proposed project and discussed the proposal. He stated that they are providing a 7' foot setback area to create a service yard, which will be screened from public view. He also explained the architectural treatments which are being proposed for this project. He stated that sound reduction glass will be utilized in the windows. Mr. Loomis requested that the Commission grant a modification for the in -lieu parking spaces and the setback along the alley. He stated that this project is consistent with the General Plan and creates an opportunity to improve an area on the Balboa Peninsula. Mr. Dave Lynch, resident of 600 East Ocean Front, stated that he is representing three other homeowners . in the area. He stated that they are not against a renovation of the Red Carpet Bar, but that they are concerned with the proposed live music. He stated that there are residences in the immediate vicinity which overlook the property. Chairman McLaughlin stated that Condition of Approval No. 10 requires that the noise from the proposed live entertainment shall be confined to the interior • portions of the proposed restaurant facility. Planning -25- x December 10, 1981 Of t Beach MINUTES 0 RMIFL CALL I III Jill I INDEX Director Hewicker suggested that the entry way to the restaurant have a double door. He further suggested that the hours permitted for the entertainment be set by the Commission. Ms. Grace Sequita, resident of 508 E. Ocean Front, stated that approval of this project would be detrimental to the persons residing in the : neighborhood. She stated that the nature of the neighborhood is residential and distributed to the Commission a map depicting the residential and commercial uses in the vicinity of the subject property. She stated that this proposal will not be conducive with the residential neighborhood and expressed her concerns relating to the intensity of the' use, noise from the live entertainment, and the parking : problems which currently exist in the area. Mr. Art. Dever, resident of 510 E. Ocean Front, expressed his concern with the increased density of the project. He stated that it will be impossible to • attenuate the noise from this proposal. He stated that approval of this project will be detrimental to the health and peace of the surrounding neighborhood. Mr. Bob Brown, resident of 511 East Balboa Boulevard, directly adjacent to the proposed project, stated that he is in favor of the proposed project because it will be upgrading the area. Mr. Ralph Sequita, resident of 508 E. Ocean Front, stated that areas consisting of heavy mixed residential and commercial uses, cause distractions and are a_ nuisance to the residents. He suggested that a time . restriction be placed upon the restaurant use which would require an 11:00 p.m. closing time. Mr. Cavanaugh stated that they are proposing a night time usage of the restaurant and will not be placing a burden on the Municipal parking lot during the day, except for the Sunday brunch. He stated that an acoustical engineer will be hired to totally attenuate the noise within the building. Ms. June Brown, resident of 511 East Balboa Boulevard, stated that she is in favor of projects which will • upgrade the area. -26- COMMISSIONERS December lo, 1981 MINUTES cO N of Newport Beach INDEX Chairman McLaughlin asked the applicant if it would be possible to obtain a written parking agreement from Laguna Federal Savings. Mr. Cavanaugh stated that Laguna Federal Savings. can not enter into any written agreements because they are in the process of changing ownership. Planning Director Hewicker stated that the restaurant opening at 5:00 p.m. in the evening, should not conflict with the recreational use of the Municipal parking lot during the day, except during the hours of the Sunday brunch. Chairman McLaughlin stated that the applicant will have to purchase the required 28 in -lieu parking spaces from the City. Motion X Motion was made for approval of Use Permit No. 2045, subject to the following finding and conditions, including the added conditions which would require that the sound be totally .attenuated with double doors, if necessary; the hours of operation shall be from 5:00 p.m. to 2:00 a.m., with the live entertainment to cease at 11:30 p.m., and Sunday brunch shall be from 10:00 a.m. to 2:00 p.m. • Commissioner Beek stated that this project is over 1 X the Buildable Area in an extremely congested area where the applicant will have to purchase in -lieu parking in the Municipal parking lot. Amendment X An Amendment to the motion was made to approve Use Permit No. 2045 with the conditions that no live entertainment shall be permitted, the alcoholic beverages be confined to beer and wine, the closing time shall be 11:30 p.m., there shall be a five foot setback from the alley, and the floor area shall be reduced to .8 X the Buildable Area which will reduce the number of in -lieu parking spaces required in the Ayes X Municipal parking lot. Chairman McLaughlin stated that Noes X X she would not accept these conditions as an amendment Absent * * to her motion. Commissioner Beek's amendment to the motion was now voted on, which AMENDMENT FAILED. Commissioner Beek asked the applicant if he was aware that the in -lieu parking fees in the Municipal parking lot may be raised in the near future. Mr. Cavanaugh stated that he is aware of this fact. • 11111111 -27- CALL Ayes Noes Absent X December 10, 1981 Of S -. 1 MINUTES Chairman McLaughlin's original motion for approval of Use Permit No. 2045 was now voted on as follows, which MOTION CARRIED: FINDINGS: 1. That the proposed expansion and remodeling of the subject restaurant facility is consistent with the Land Use Element of the General Plan and the Draft Local Coastal Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems as a result of the proposed expansion. 4. The live entertainment in the restaurant facility will not be detrimental to any surrounding land uses so long as the music is confined to the interior of the expanded building. 5. That approval of the proposed modification to the Zoning Code to permit existing and proposed encroachments into the 10 foot rear yard setback 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 the Municipal Code. 6. The approval of Use Permit No. 2045 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 or improvements in the neighborhood or the general welfare of the City, • ' � � ' � I I I -28 CU /"/V\b UNM) December 10, 1981 MINUTES m City of Newport Beach CALL INDEX inasmuch as the operation of the existing restaurant use has not been detrimental to the neighborhood and the proposed expansion is minor in nature. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations, except as noted below. 2. That the structure shall maintain a minimum rear setback from the alley of 2 feet on the first floor and 5 feet on the second floor of the structure. 3. That twenty -eight (28) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the restaurant use and that the annual fee for said parking shall be in . accordance with Section 12.44.125 of the Newport Beach Municipal Code. 4. That employees of the restaurant shall be .required to park in the Municipal parking lot. 5. That grease interceptors shall be installed on all fixtures where grease may be introduced into the drainage systems in accordance with the provisions of the.Uniform Plumbing Code. 6. That all mechanical equipment and trash areas shall be screened from adjoining streets, the , alley, or adjacent properties. 7. That a washout area for trash containers be provided in such a way as to allow direct drainage. into the sewer system and not into the Bay or the storm drains. S. That kitchen exhaust fans be designed to control odors and 'smoke in accordance with Rule 50 of the Air Pollution Control District. -29- . • COMMISSIONERS December lo, 1981 MINUTES City of Newport Beach CALL INDEX C� J Motion Ayes Noes Absent 9. That the applicant shall obtain the services of an acoustical engineer and shall provide evidence of existing ambient outside noise levels and proposed interior noise levels. The building shall be insulated in such a manner as to maintain outside sound at the existing ambient level. 10. The noise from the. proposed live entertainment shall be confined to the interior portions of the proposed restaurant facility and that the sound shall be totally attenuated with double doors, if necessary. 11. The daily hours of operation shall be from 5:00 p.m. to 2:00 a.m., except on Sundays when the restaurant facility may also be open for brunch: between 10:00 a.m. and 2:00 p.m. The live entertainment shall cease at 11:30 p.m. 12. That all conditions of approval of Resubdivision - No. 713 shall be fulfilled. _ Motion was made for approval of Resubdivision' No. 713, subject to the following findings and conditions, which MOTION CARRIED: - FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied . with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. The project will not have any significant environmental impact. CONDITIONS: 1. That a parcel map be filed. -30- December 10, 1981 g City of Beach MINUTES ME CALL I I I I I I I I I INDEX 2. That all improvements he constructed as required by Ordinance and the Public Works Department. 3. That the existing driveway depression on the East j Balboa Boulevard frontage be removed and replaced I with curb and sidewalk. 4. That the deteriorated portions of curb anEI l sidewalk along the Palm Street and East Balboa Boulevard frontages be removed and replaced. 5. That a 10 -foot radius corner cutoff be dedicated to the public at the corner of Palm Street and Balboa Boulevard and that an encroachment permit be issued by the Public Works Department for the existing building encroachment. 6. That the existing 5 -foot radius curb return be removed and replaced with a 12 foot radius curb return which will include the construction of an • access ramp. 7. That a standard subdivision agreement and accompanying surety be provided if it is desired to obtain a building permit or record the parcel map prior to completion of the public improvements. x . . Request to permit a take -out restaurant with on -sale Item .#15 beer and wine in the commercial area of the Newport Shores Specific Plan Area, and a request to waive a USE PERMIT portion of the required off - street parking spaces. N0. 2048 LOCATION: Lots 7 and 8, Block 2, Seashore Colony Tract, located at 211 62nd Street, on the southwesterly corner of Newport DENIED Shores Drive and 62nd Street, in the Newport Shores Specific Plan Area. ZONE: SP -4 • V I I I -31- • r 1 LJ COMMISSKYN& December 10, 1981 MINUTES City of Newport Beach CALL I I I I I I I INDEX APPLICANT: Bryce V. Price, Newport Beach OWNER: Creative Ways, Newport Beach The public hearing opened in connection with this item. and Mr. Bryce Price, the applicant, appeared before the Commission. Mr. Price stated that there is never more than two employees on. duty at the Bun -n- Barrel. He stated that the employees park at the end of the building. He stated that there are six parking spaces in the front of the building and that the Bun -n- Barrel should be allocated three of those spaces, because the restaurant occupies 50 percent of the building. Mr. Price described the surrounding uses in the area. He stated that in order to become a profitable business, he is now requesting the service of beer and wine. He stated that they are requesting that their hours of operation remain from 11:00 a.m. to 9:00 p.m. daily. Mr. Don Davis, owner of the Outpost Liquor Store located at 6110 W. Coast Highway, appeared before the Commission and stated that he is opposed to the addition of beer and wine to the Bun -n- Barrel. He stated that the parking in this area during the summer months is a tremendous problem. He also stated that this request is located within 25 feet of residential properties, which would cause a detriment to the neighborhood. Mr. Price stated that Mr. Davis has a liquor business and sells only prepared food. He stated that his restaurant business is requesting the addition of beer and wine in order to enhance the enjoyment of his barbecue food and to make his business grow. Planning Director Hewicker suggested that a condition could be imposed so as to not allow the removal of beer or wine from the premises; but for only consumption on the premises. Chairman McLaughlin stated that she would like to see the use remain as a delicatessen. -32- x 10 ]C y December 10, 1981 Of t Beach MINUTES RIBA CALL I 111 1111 1INDEX Motion All Ayes I X • I 1 U Motion was made for a denial of Use Permit No. 2048, subject to the following findings, which MOTION CARRIED* FINDINGS: 1. That approval of the request. to waive a portion of the development standards for the proposed take -out facility as set forth in the Code would be detrimental to adjacent properties or improvements. Specifically, inadequate parking and vehicular circulation exists in conjunction with this development. Furthermore, the Police Department has also indicated that parking is already a problem in the immediate vicinity of .the site. 2. That the establishment, maintenance or operation of the use or building applied for will under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and be detrimental or . injurious to property and _ improvements in the neighborhood and the general welfare of the City, inasmuch as the proposed development could result in a- significant increase in the intensity of use of the subject property. x x Request to permit the installation of outdoor lighting in conjunction with a private tennis court facility located on property in Harbor Ridge. LOCATION: Lot 18, Tract No. 9589, located at #8 Yorkshire, at the end of the Yorkshire cul -de -sac, in Harbor Ridge. ZONE: P -C. APPLICANT: Abdula and Noura Alsaud, Newport Beach OWNER: Same as applicant -33- COMMISSIONERS December 10, 1981 MINUTES City of Newport Beach RM CALLL I I I I I I I INDEX The public hearing opened in connection with this item and Mr. David Colter, representing the owner, appeared before the Commission and requested approval of this item. Ms. Jacklyn Harper, resident of 5 Trafalgar, located directly behind the subject property, stated that a lighted tennis court would be detrimental to her residence. She also expressed her concern with the noise level that the lighted tennis court would generate during the evening hours. Ms. Bobbie Blinder, resident of 23 Ridgeline Drive, located directly above the subject property, stated that the properties are terraced at Harbor Ridge because of the views. She stated that the proposed lights will be detrimental to the surrounding neighborhood. She stated that their community tennis courts do not even have lighted courts and requested that this request be denied. She also expressed her • concern with the noise that would be generated from the night use of a tennis court. Mr. Colter stated that the design of the light system is such that no direct light will be projected upward and there will be no direct illumination. He stated that the proposed lighting would not adversely affect any of the adjoining properties. Commissioner King asked if the area has Covenants, Conditions and Restrictions (CC &R's) and if so, is the applicant required to obtain their approval. Mr. Colter stated that the homeowners' association has suggested approval of this application. Motion X_ Motion was made for denial of Use Permit No. 2050, . All Ayes X .X X subject to the following findings, which MOTION CARRIED: FINDINGS: - - 1. That because of the height of the proposed lighting standard's, there will be an adverse.: impact on the views from adjacent residences. -34- CCIMMISSK)NERS Decemb er 10, 1981 MINUTES c a 51 � w �. City of Newport Beach RrW CALL INDEX ZONE: C -1 APPLICANT: Rick Lawrence, Newport Beach OWNER: Same as applicant • -35 2. That when the lights are on, the light and glare will effect the enjoyment of views from adjacent residences. 3. That approval of Use Permit No. 2050, will under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing.or working in the neighborhood of such proposed use and will be detrimental or injurious to property or improvements in the neighborhood and the general welfare of the City. .Request to amend a previously approved use permit that Item #17 permitted the remodeling of an existing commercial building that included the establishment of a new "take -out" restaurant facility, the expansion of an • existing restaurant facility with on -sale alcoholic USE PERMIT beverages, the establishment of a new two -story N0. 1717' cocktail lounge with live entertainment and dancing, Amended and the expansion of an existing hotel. The application is necessary so as to permit the further expansion of the hotel facility on the third floor of the structure. The proposal also includes a variance so as to allow the proposed development to exceed the. basic height limit in the 26/35 Foot Height Limitation Continued District, and to exceed the allowable floor area of two 10 January times the buildable area of the site in the C -1 7 1982 - District. - LOCATION: Lot 19, Block 21, Newport Beach Tract, -. -- - - - located at 2106 West Ocean Front, on the northwesterly corner of West Ocean Front_ ' and McFadden Place, in McFadden Square.. ZONE: C -1 APPLICANT: Rick Lawrence, Newport Beach OWNER: Same as applicant • -35 C UMM1551UNWK ) December 10, 1981 MINUTES City of Newport Beach RMt CALL I I I I I I I INDEX IMotion All Ayes • Motion All Ayes Motion A11 Ayes 0 Staff advised that the applicant has requested that this item be continued to the Planning Commission Meeting of January 7, 1982. X Motion was made to continue this item, Use Permit No. X X X X * k 1717 (Amended) , to the Planning Commission Meeting of January 7, 1982, which MOTION CARRIED. * * k Request to amend Chapter 20.73, Residential Condominium Item #18' Projects, of Title 20 of the Newport Beach Municipal Code. INITIATED BY: The City of Newport Beach AMENDMENT NO. 568 Commissioner King suggested that this item be heard on January 21, 1982, when there will be a full Commission present to discuss the item. Continued to January X Motion was made to continue this item, Amendment No. 21, 1982 X X * * 568, to the Planning Commission Meeting of January 21, 1982, which MOTION CARRIED. * k k ADDITIONAL BUSINESS ADDITIONAL BUSINESS Study Session items to be discussed at 2 :00 p.m. on January 21, 1982, will include in -lieu parking, Saint Andrews Church expansion, and a proposed Ordinance for time -share condominiums. * * X Motion was made to set for public hearing on 'January 7, X X X * * 1982, a revocation of Use Permit No. 1965 (A. T. Leo's Restaurant) located at 3901 East Coast Highway, which MOTION CARRIED. - -36- mo MMISSIONERS December lo, 1981 MINUTES C 5' Q M Beach 04TWI-CALLI 11 1 1111 1INDEX $� on s Noes Absent Request for General Plan Amendment by Marriott Hotel Planning Director Hewicker discussed background information related to this request for a General Plan Amendment by the Marriott Hotel. Mr. Bob Burnham, Acting City Attorney, explained the procedures utilized for General Plan Amendment requests. Mr. Michael Gering, attorney representing the Marriott Corporation, appeared before the Commission and requested initiation of the General Plan Amendment as soon as possible. He stated that they are requesting the opportunity to be heard on their own merits. Chairman McLaughlin expressed her concern that this request is being considered under additional business; rather than a regular agenda item. Planning Director. Hewicker stated that a recommendation for an initiation of a General Plan Amendment is not a public hearing item. Motion was made to recommend to the City Council that the requested General Plan Amendment by the Marriott Hotel be initiated, which MOTION FAILED. - Chairman McLaughlin directed staff to place this request for a General Plan Amendment on the January 7, 1982, Regular Planning Commission Agenda. There being no further business, the Planning Commission adjourned at 11:50 p.m. Joan Winburn, Secretary Planning Commission City of Newport Beach _37_