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Home My WebLink About12/21/1978COMMISSIONERS City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers Time: 7:30 p.m. Date: December 21, 1978 ROLL CALL Present X X X X X EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney STAFF MEMBERS James D. Hewicker, Assistant Director - Planning Bill Dye, Assistant City Engineer Fred Talarico, Environmental Coordinator Minutes Written By: Joan Lord Motion X Minutes of the Regular Meeting of December 7, 197 Ayes K K X X X were.approved as written. Absent X X • Request to change the operational characteristics of the existing Grinder Restaurant facility in th C -1 -H District to include the service of beer and wine. Location: Lots 45 -53 and a portion of Lot 54, Tract No. 1210, located at 1400 Wes Coast Highway, on the northerly sid of West Coast Highway, across West Coast Highway from the Balboa Bay Club. Zone: C -1 -H Applicant: Dave's Grinder, Inc.., Santa Fe Springs Owner: Tract 1210 Limited, Anaheim Public hearing was opened in connection with this item. Henry Copenhaver, Manager of Grinder Res- taurant, 1400 West Coast Highway, Newport Beach, . appeared before the Planning Commission. He -1- MINUTES t INDEX Item #1 USE PERMIT NO. 1890 COMMISSIONERS City of Newport Beach December 21. 1978 ROLL CALL represented their Director of Operations who had read the staff report and agreed to the condition There being no others desiring to appear and be heard on this item, the public hearing was closed Motion K Motion was made that the Planning Commission make Ayes K K X X X the following findings: Absent X X 1. That the proposed use 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 environmental impact. 3. The Police Department has indicated that the do not contemplate any problems. 4. The approval of Use Permit No. 1890 will not . under the circumstances of this case be detr mental to the health, safety, peace, morals, comfort and general welfare of persons resid ing and working in the neighborhood or be detrimental or injurious to property or impr ments in the neighborhood or the general wel fare of the City. and approve Use Permit No. 1890 subject to the following condition of approval: 1. That development shall be in substantial con formance with the approved plot plan and flo plan. Request to establish a take -out restaurant facili in an existing building in the M -1 -A District. Th proposal also includes indoor seating areas and o sale beer and wine. Location: Lots 11, 12, 50, and 51, Tract No. 3201, located at 3926 Campus Drive, on the northeasterly corner of Camp Dirve and Quail Street, across Camp • Drive from the Orange County Airpor -2- MINUTES INDEX a. v , i- DV - Dr Item 0 ty USE e. PERMIT n- NO. 1E APPROV CONDI= TIONAL us us t. COMMISSIONERS City of Newport Beach •ti December 21, 1978 ROLL CALL Zone: M -1 -A Applicant: Mary Sue Shelton, Yorba Linda Owner: E. W. Properties, Inc., Los Angeles In answer to a question from the Planning Commiss regarding the.condition that a minimum of 20 park ing spaces be maintained in the common parking to for restaurant use, staff stated that it is not necessary to identify 20 spaces on the ground, bu' for record keeping purposes they would be desig- nated for this operation. Public hearing was opened on this item. Bernie Ganz, representing the applicant, appeared before the Planning Commission and said that the applicai had read the staff report and .agreed to the condi• tions. • There being no others desiring to appear and be heard on this item, the public hearing was closed Motion X Motion was made that the Planning Commission make Ayes X X X X the following findings: Abstain X Absent X X1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the project will not have.any significai environmental impacts. 3. Adequate offstreet. parking spaces are being provided for the subject take -out restaurant facility. The Police Department has indicated that the., do not contemplate any problems. 5. That the waiver of the development standards as they pertain to circulation, walls, land- scaping, and a portion of the parking require ments will not be'detrimental to adjacent . properties inasmuch as the site has been devi • -3- MINUTES io it it �1- INDEX COMMISSIONERS City of Newport Beach 41 \\ \\\ \ \\ December 21, 1978 ROLL CALL MINUTES oped and the structure has been in existence for many years. 6. The approval of Use Permit No. 1891 will not, under the circumstances of this case be detri mental to the health, safety, peace, morals, comfort and general welfare of persons resid- ing and working in the neighborhood or be detrimental or injurious to property or im- provements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1891 subject to the following conditions: 1. That development shall be in substantial con- formance with the approved plot plan and floor plan. 2. That all new exterior lighting and signs shall • conform to Chapters 20:06 and 20.72 of the Newport Beach Municipal Code. 3. That all mechanical equipment and trash areas shall be screened from Campus Drive and from adjoining properties. 4. That a minimum of 20 parking spaces shall be maintained in the common parking lot for the proposed take -out restaurant use. 5. That the development standards related to cir- culation, walls, landscaping, and a portion of the parking requirements are waived. Mr. Beek abstained from voting because he is personally acquainted with the applicant. E=,,,,,,,® IKE INDEX COMMISSIONERS MINUTES City of Newport Beach • ROLL CALL E 0 December 21. 1978 Request to consider a Traffic Study for a proposed 70,000 square foot T office building. Location: Lots 72, 73, 74, and a portion of Lot 75, Tract No. 706, located on th northerly side of Orchard Drive., easterly of Acacia Street and Irvine Avenue, across Irvine Avenue from th Newport Beach Golf Course. Zone: A -P -H Applicant: Albert Auer and Associates, Newport Beach Staff provided additional information to the Plan- ning Commission that the improvement to the traffic system at the intersection of North Bristol Street and Campus Drive will be accomplished by the Signal Development Co., and they hope to have a permit by December 22 and have the additional right hand turn lanes striped December 26 and 27. When that is accomplished the firm will contact the City Traffic Engineer to recalculate the intersection capacity, as required by the City Council. Public hearing was opened in connection with this. item. Albert Auer, 2440 Bayshore Drive, Newport Beach, the applicant, appeared before the Planning Commission. He believed that his project would do much to improve the neighborhood. He planned extensive landscaping,and his buildings would be considerably below the amount of space that is all able in this zone. He agreed with the conditions of the staff report. A member of the Planning Commission commented on th condition that the building could not be occupied until certain conditions are met. He preferred a condition that would be worded to the effect that the building will.not start, or that a permit will not be issued until the conditions are met. In addition, he would change the proposed conditions from "completion of street improvements" to "com- mencement of street improvements ". Another Com- missioner suggested phasing.the occupancy, perhaps allowing 50% occupancy before the improvements star -5- INDEX FIC COMMISSIONERS 9PF 9C ®�� P0� P�,S•� 3 • ,A[• C2 City of Newport Beach December 21, 1978 ROLL CALL Mr. Auer responded that time was a very important factor and.if the improvements were not comple.ted when the building was finished, he was prepared t pay the $5,000 to $8,000 necessary to accomplish the work himself. In. answer to a question whethe the State would allow this, staff stated that the seemed to be nothing that would prohibit the app cant from proceeding with Alternative "A" as set forth in the Traffic Study, if he had the funds.' Jack Brolian, a property owner on Birch Street, Newport Beach, appeared before the Planning Commi sion and stated that he welcomed the proposed dev opment and hoped that the Planning Commission wou approve it. There being no others desiring to appear and be heard on this item, the public hearing was closed Motion was made that the Planning Commission.ma.ke Mo on X the following finding: �y X X X X X absent X X The proposed project with proposed system improvements will neither cause nor make wor an unsatisfactory level of traffic service o any "major ", "primary- modified ", or "primary street. and accept the Traffic Report subject to the following conditions: 1. The occupancy of the building will not occur until the traffic systems improvement at the Bristol Street North /Campus Drive intersecti has been completed. 2. The occupancy of the building will not occur until the traffic system improvement at the intersection of Mac Arthur Boulevard /Campus Drive has been completed by the State or the applicant shall be required to accomplish th improvements to the intersection described i Alternative "A" on page 2 of the Traffic Stu prior to the occupancy of the proposed proje -6- MINUTES re . li- s- el 1 se on n dy ct. INDEX COMMISSIONERS MINUTES City of Newport Beach • \\\\W\\\ December 21, 1978 ROLL CALL INDEX Prior.to the issuance of building permits, the. applicant shall indicate to the Director of Community Development.in writing that he under stands and agrees to conditions nos. 1 and 2 above. There was more discussion between the Commissioners regarding.the. question of occupancy. It was their feeling that another condition should be applied. Mr. Beek asked permission to include the following remarks in the record: "Commissioner Beek indicated that in voting for the motion he did not wish to set a precedent of making time of occupancy a condition of approval. This is an unsatisfactory condition which should not generally be used and is only justified by the unique circumstances of this case. • He also indicated that he was voting in favor of the motion because he found by analyzing the traffic report that 70% of the extra ca.pac ity created by the proposed street improvement is sufficient to enable the project to pass th .90 ICU test. He also indicated that he was voting in favor of the motion because the best traffic figures available from the County concerning the inter section of Irvine Avenue and Mesa Drive show that the project will pass the .90 ICU test at that intersection." ADDITIONAL BUSINESS The Planning Commission discussed the definition of "reasonableness" and suggested changes in wording. Copies of a proposed closing statement were dis- tributed and also discussed. Concerns of the Commissioners covered the following I1. balancing the inconvenience to the property • owner if an application is rejected against the -7- COMMISSIONERS MINUTES �0��o� City of Newport Beach N -W Yb t December 21, 1978 ROIL CALL inconvenience to the City if it is approved; 2. approving phasing plans for entire projects rather than individual buildings. Staff stated that in cases of large developments, this would involve finding out the plans of owners of parcel of undeveloped property as well as the plans for expansion of buildings already developed. Motion X Motion was made to approve the staff report on th Ayes X X X ( X definition of "reasonableness" with modifications Absent X to read as follows: The Planning Commission at its last meeting (Dece ber 21, 19-781. considered the information needed t apply the "test of reasonableness" and suggested some changes which should be made in the informat required of a developer in submitting his phasing plan for a Planned Community or project. We have amended the list of information to be pre pared by the.developer in accordance with the com • ments of the Commission as follows: 1) Each project subject to the phasing require- ment of Council Resolution No. 9472 shall be examined as to the extent of existing develo ment and the amount of development remaining to be completed. 2) Information shall be submitted indicating th amount of traffic being generated by existin development and that projected for remaining development. 3) An examination shall be made of the circulat system in the vicinity of the project to det mine what improvements remain to be complete with particular consideration being given to those improvements which will directly aid i moving traffic generated by the project. Th area to be examined shall extend to those in sections where traffic generated from the pr ect increases the traffic at the intersectio during the peak two and one -half hour period by 5% or more. • -8- , n- Ior P- e 9 ioi er• d, n e tel oj• n INDEX COMMISSIONERS MINUTES City of Newport Beach ROLL CALL LJ Motion Ayes Noes Absent December 21, 1978 4) Existing traffic at those intersections shall be shown prior to making any projections. 5) The developer may include in his proposed traffic phasing plan completion of or contribu tion to completion of needed improvements con- sistent with the level of traffic generation and a reasonable proportion of the cost of these improvements. 6) The developer is also to take into considera- tion in the preparation of his plan character- istics in the design of his development which either reduce traffic generation or guide traf fic onto less impacted arterials or through intersections in the least conjested direction The Commission will use the above data to determine whether, in its collective judgment and considering the rights of owners to use and develop their prop- erty, the application should be approved. An amendment was moved that the figure "5%" in paragraph (3) be changed to "W' so that the same data will be available to the Commission as is available in making analyses under the Traffic Phas ing Ordinance. .The Commission will.be able to dis- regard this data if it chooses, but should have the information before it. Motion failed. Motion X Planning Commission re- adopted Resolution No. 1025 R- Ayes X X XK X setting a public.hearing for January 18, 1979, for Absent X X the purpose of amending the Civic Plaza P.C. to require a Traffic Phasing Plan as had been done for other P.C. Developments which had been excepted fro the'Traffic Phasing Ordinance. Motion X Motion was made to excuse Mr. Cokas from the meetin Ayes X X X X of January 18, 1979. Absent x x 0 INDEX COMMISSIONERS Ak City of Newport Beach December 21, 1978 ROLL CALL Staff was asked to start compiling data on the co version of the Versailles apartments to condomin= iums. It was felt that th:is was a large enough p ect that statistical data on the number of presen renters who were forced out and the number who pu chased units would be valuable in.considering fut requests for conversions. Staff stated that info mation will be compiled as it becomes available. There being no further business, Planning Commis- sion adjourned at 8:30 p.m. GE R E COKAS, Secretary City of Newport Beach Planning Commission -10- MINUTES - INDEX n ro - t r- ur r-