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HomeMy WebLinkAbout03/18/199319 L COMNIISSIONERS 4%111V-o� CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: March 18, 1993 MINUTES ROLL CALL MEX resent * * * * * * * All Commissioners were present. « r r EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary r s « Minutes of March 4. 1993 otion 11 Ayes * Motion was made and voted on to approve the March 4, 1993, Planning Commission Minutes. MOTION CARRIED. Minutes of 3/4/9: « x s Public Comments: No one appeared before the Planning Commission to speak on Public Comments non - agenda items. x x : Posting of the Agenda: Posting James Hewicker, Planning Director, stated that the Planning of the Commission Agenda was posted on Friday, March 12, 1993, in Agenda front of City Hall. r x x COMMISSIONERS e\\\V00N\ePNtA\1%0 CITY OF NEWPORT BEACH MINUTES March 18. 1993 ROLL CALL INDEX Request for Continuance: Request for James Hewicker, Planning Director, requested that Item No. 12, Continue Modification No. 4065, regarding property located at 508 Dahlia. Avenue, be continued to the Planning Commission meeting of April 8, 1993 to allow the Commission time to review Amendment No. 777, Item No. 11 on the Planning Commission agenda. lotion 11 Ayes Motion was made and voted on to continue Item No. 12 to the March 18,1993, Planning Commission meeting. MOTION CARRIED. Resubdivision No. 996 (Public Hearing) Item No.1 . Request to resubdivide two existing lots into two parcels of land, 8.996 each for two unit residential condominium development, on property located in the R -2 District. Approved LOCATION: Lots 4 and 6, Block 537, Corona del Mar, located at 502 and 504 Jasmine Avenue, on the southeasterly side of Jasmine Avenue, between Second Avenue and Third Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Tuttle Development Company, Costa Mesa OWNER: Jasmine Partners, Ltd., Costa Mesa ENGINEER: Vally Consultants, Inc, Santa Ana The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public bearing was closed at this time. -2- CITY OF NEWPORT BEACH MINUTES March 19_ 1993 ROLL CALL INDEX lotion * Motion was made and voted on to approve Reuubdivision 996, kll Ayes subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That public improvements may be required of a developer . per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to occupancy. That the parcel map be prepared so that the bearings relate to the State Plane Coordinate System (NAD83) and that prior to the recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to the recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. -3- MINUTES pplo \\\�?+O CITY OF NEWPORT BEACH March 1R 1993 ROLL CALL INDEX 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit shall be served with an individual . water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That the edge of the concrete alley be saw -cut to provide a clean edge for a proper join and that any cracked or sprawled concrete sidewalk be reconstructed along the Jasmine Avenue frontage under an encroachment permit issued by the Public Works Department. This work shall be completed prior to final release of utilities by the Building Department. . 5. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the City Council. 6. That disruption caused by construction work along roadways and by movement of construction vehicles shall be mhiin&ed by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 7. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 8. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. x s s -4- CITY OF NEWPORT BEACH MINUTES March 18. 1993 ROLL CALL R'1DEx Resubdivision No. 997 (Public Hearing,) " Item No.2 Request to resubdivide two existing parcels of land into three parcels for conveyance purposes, on property located in the APF -. H District in Newport Center. - R. 997 Approved LOCATION: Parcel 1 of Parcel Map 36-35 ( Resubdivision No. 289) and Parcel 3 of Parcel Map 60-36 ( Resubdivision No. 454), located at 210 Newport Center Drive, on property bounded by San Miguel Drive, Avocado Avenue, Farallon Drive, Anacapa Drive and Newport Center Drive, in Newport Center. ZONE: APF -H . APPLICANT: Penco Engineering, Inc., Irvine OWNER: The Irvine Company, Newport Beach ENGINEER: Same as applicant The public hearing was opened in connection with this item. Mr. Tom Peterson appeared before the Planning Commission on behalf of the applicant. Mr. Peterson explained that the staff report stating The applicant anticipates selling Parcel No. 3 possibly to the adjoining property owner of the Edwards Theater Newport complex for a future expansion, is incorrect inasmuch as it is not anticipated that Parcel No. 3 would be sold by The Irvine Company. In response to a question posed by Chairman Edwards, Mr. Peterson stated that a reciprocal easement for pedestrians is necessary between the parcels. He further explained that the corner of Anacapa Drive and Farallon Drive is not a part of the tentative parcel map, and the applicant does not wish to improve that street intersection that is not adjacent to the map boundary. Mr. Peterson concurred with the findings and conditions in Exhibit "A" with the exception of the foregoing concerns. James Hewicker, Planning Director, explained that Parcel No. 3 should . be corrected to state Parcel No. 1. -5- COMMISSIONERS 4N 4 CITY OF NEWPORT BEACH MINUTES March 18, 1993 ROLL CALL INDEX In response to a question posed by Commissioner DiSano with respect to Mr. Peterson's request regarding the comer of Anacapa Drive and Farallon Drive, Don Webb, City Engineer, explained that the parking area is a part of the map and staff believes that, said area should be upgraded; however, staff would not have objections to the applicant's request to delete the improvements at the subject comer. In response to a question posed by Commissioner Glover, Mr. Webb explained that a curb access ramp would be constructed on Anacapa Drive and Newport Center Drive, and the driveways that provide access into the site. Mr. John Schmidt, CB Commercial, appeared before the Planning Commission. He explained that he manages the building at 200 Newport Center Drive, adjacent to the subject property. He . expressed concerns regarding the common parking, grounds, and landscaping of the two properties inasmuch as the property he manages is entitled to a portion of the common areas in the vicinity of the former Good Earth Restaurant. Mr. Webb and Chairman Edwards explained that Mr. Schmidt's concerns would appear to be a private issue between the management company and The Irvine Company. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Ridgeway said that his office is located in the area and expressed concerns regarding parking. In response to a question posed by Commissioner Ridgeway regarding Condition No. 7, Exhibit "A," Robin,Flory, Assistant City Attorney, explained that easement and access considerations are appropriate as they pertain to circulation patterns or the number of parking spaces. Commissioner Ridgeway recommended that an additional pedestrian access be provided in close proximity- to Parcel No. 1. Discussion followed regarding Commissioner Ridgeway's concerns. In response to questions posed by Commissioner Gifford with . respect to Mr. Peterson's previous comments regarding vehicular -6- i �PoOk CITY OF NEWPORT BEACH 70TITLEWPQ March 18, 1993 ROLL CALL INDEX and pedestrian access, the public bearing was reopened and Mr. Peterson reappeared before the Commission. Mr. Peterson explained that all of the accesses and the existing agreements concerning the subject Parcels would be maintained. In response to a question posed by Commissioner Merrill, Commissioner Ridgeway and Mr. Peterson pointed out the pedestrian access areas between the upper and lower parking lots, around the former Good Earth Restaurant, up to the public street to the public sidewalk, and to the theater area. Commissioner Ridgeway requested that an additional pedestrian access be constructed so as to allow better circulation between the upper and lower levels of parking. Mr. Hewicker explained that when the theater's use permits were previously granted, the pedestrian access areas were addressed; however, based on the current testimony he indicated that he would not oppose an additional condition to request an access from the upper parcel to the lower parcel as suggested by Commissioner Ridgeway. The public hearing was closed at this time. Commissioner Pomeroy concurred that the pedestrian access should be improved. * Motion was made and voted on to approve Resubdivision No. 997 :otion subject to the findings and conditions in Exhibit "A", including an added condition stating That pedestrian ingress and egress be provided in close proximity to Parcel No. 1, from the lower parking lot, to the upper parking lot at the rear of Edward's Theatre, and that Condition No. 6 be modified to delete at the corner of Farallon 11 Ayes Drive and Anacapa Drive. MOTION CARRIED. FINDINGS: 1. That the design of the subdivision and the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. -7- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES March 18, 1993 ROLL CALL INDEX 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That the proposed subdivision is mainly for conveyance purposes and all existing easements recorded by previous parcel maps or other instrument will be maintained. CONDITIONS: 1. That a parcel map be recorded. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction . project. -8- CITY OF NEWPORT BEACH MINUTES March 1R 1991 ROLL CALL WDEX 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map prior to completion of the public improvements. 5. That all vehicular access rights to Avocado Avenue be released and relinquished to the City of Newport Beach. 6. That curb access ramps be constructed at the entry driveways on Anacapa Drive and Farallon Drive, and at the corner of Anacapa Drive and Newport Center Drive. That the tree damaged and displaced sections of sidewalk be reconstructed along the Anacapa Drive frontage. That all . work be completed under an encroachment permit issued by the Public Works Department. 7. That an easement for vehicular and pedestrian ingress, egress and parking, for the mutual benefit of Parcels No. 1, No. 2 and No. 3, shall be maintained and shall be included as a part of the parcel map as approved by the Public Works Department. In addition, all easements for vehicular and pedestrian ingress, egress, and parking established by previous parcel maps or other recorded instrument (including but not limited to Resubdivisions No. 260, No. 289, No. 335, No. 342 and No. 454) shall remain in effect and shown on this parcel map, unless otherwise approved by the Public Works Department. 8. That the 3 foot wide sidewalk easement which currently exists along the frontage of Anacapa Drive shall be maintained and made a part of this parcel map and shown accordingly. 9. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. -9- CITY OF NEWPORT BEACH MINUTES March 1R 199'A ROLL CALL MMEX 10. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimised by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and. materials shall be conducted in accordance with state and local requirements. 11. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. 12. That pedestrian ingress and egress be provided in close proximity to Parcel No. 1, from the lower parking lot, to the upper parking lot at the rear of Edward's Theatre. No. Resubdivision No. 995 (Continued Public Hearing) Item Request to create four parcels of land for conveyance purposes R. 995 involving property located in the RMC -H, P -C and P -C -MHP XRRrovea Districts. LOCATION: Portions of Blocks 54 and 94, Irvine's Subdivision, located at 300 East Coast Highway, on the northerly side of East Coast Highway, between the Newport Dunes and the Newport Bay Bridge. ZONES: RMC -H, P -C and P -C -MIP APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER: Adams Streeter, Civil Engineers, Inc., Irvine -10- COhDUSSIONERS CITY OF NEWPORT BEACH MINUTES March 18. 1993 NEW I ROLL CALL INDEX James Hewicker, Planning Director, addressed a meeting between staff and The Irvine Company, indicating that it was his opinion that an agreement had been reached between the two parties that public access easements would be provided to and along the bay,. subject to certain conditions. However, The Irvine Company subsequently indicated that there had been a change and it was their desire that the requirements for public access be eliminated from approval for the subject application. It is staff's opinion that public access is required by State Law and by the City's General Plan; therefore, the addendum to the staff report provides conditions which have been modified to reflect the agreement that the City previously made with The Irvine Company. Don Webb, City Engineer, addressed Condition No. 5, Exhibit "X, wherein he stated that the condition has been modified to state that an Irrevocable Offer of Dedication shall be provided. It would not take affect until the De Anza Lease was either terminated, transferred to another party, or expired in 2013. The subject area is approximately one - quarter mile of bay area that is desirable for public access inasmuch as it is adjacent to East Coast Highway and Newport Dunes. The Subdivision Map Act requires that public access routes and easements along waterways be dedicated. The Irvine Company has indicated that they want to exercise one clause of the Map Act which requires the local agency to make a finding that reasonable public access is already available to the bay. If the Commission would make the necessary fording, then the statement would have to be put on the face of the Map. He said that he would consider public access to be a small parcel of land at an adjacent street -end that would provide access to the bay within a reasonable distance. Commissioner Glover stated that public access to the bay is available through the view corridors on Mariners Mile, and the mixed -uses in Cannery Village. In response to a question posed by Commissioner Glover regarding the De Anza Mobile Home clubhouse, Mr. Webb explained that modified Condition No. 5, Exhibit "A", considers what would be the most compatible with the adjoining use. He explained that there is currently a section of -11- CITY OF NEWPORT BEACH MINUTES March 19 1993 ROLL CALL INDEX beach that is located in front of the clubhouse, and it is feasible to construct steps for a public easement across the beach. However, the condition has been written to be flexible so that the public access easement could be relocated around the clubhouse so as to leave the beach area attached to the clubhouse and pool facility. In response to a question posed by Commissioner Ridgeway regarding the Irrevocable Offer of Dedication, Mr. Webb explained that there would not be public access to the bay until the current lease would change. De Anza has a lease over the fee property from The Irvine Company until 2013, and should the lease be sold to another parry or terminated, then the public access easement would go into affect; however, if the lease would be extended then the City would be able to obtain the access easement. Mr. Webb pointed out and described the suggested pedestrian access areas on the display map. He explained that to separate the bayfront water uses from the upland. uses, the City . requires that there be some upland connection between the water use and to provide access. The proposed parcel map has created a narrow strip area adjacent to the Dunes property. The public access easement that the City is requesting would be along the 10 foot wide strip area that is being created by the parcel map. The public access along the Dunes bulkhead terminates approximately 25 or 30 feet from the De Anza wall; therefore, the City is recommending that a connection be made to continue on with the public access area. He described several possibilities that could be considered to establish a public access easement adjacent to the bay. In response to a question posed by Commissioner Pomeroy, Mr. Webb replied that staff has only discussed the issue with the applicant and not the residents of the De Anza Mobile Home Park. Commissioner Merrill and Mr. Webb discussed the suggested public access easements. Mr. Webb explained that as staff interprets the Local Coastal Plan and the Subdivision Map Act, regional access has to be provided to the waterways unless a _. -12- COAnUSSIONERS CITY OF NEWPORT BEACH. MINUTES March 18, 1993 ROLL CALL INDEX finding is made that sufficient public access is provided elsewhere. Commissioner Merrill pointed out that the Dunes is a commercial operation as opposed to De Anza which is a residential area, and there are private residential areas in the City that have private. sandy beaches. Mr. Webb concurred; however, he said that the foregoing beaches were developed prior to the current requirements of the Subdivision Map Act. In response to a question posed by Commissioner Merrill, Mr. Webb explained that a continuous public access route along the bay from East Coast Highway to Back Bay Drive to the Castaways could be created. In response to a question posed by Commissioner DiSano with respect to the Subdivision Map Act and the Local Coastal Plan, Ms. Flory referred to Section 66478.8 of the Subdivision Map Act stating Nothing in Sections 66478.1 through 6647810 of this article shall require a local agency to disapprove either a tentative or final map solely on the basis that the reasonable public access otherwise required by this article is not provided through or across the subdivision itself, if the local agency makes a finding that such reasonable public access is otherwise available within a reasonable distance from the subdivision. Any such ,finding shall be set forth on the face of the tentative or fmal map. Ms. Flory indicated that the foregoing could be interpreted a number of ways. She said that the Subdivision Map Act does not distinguish between commercial subdivisions and residential subdivisions. Mr. Hewicker explained that the staff report addresses the Local Coastal Program policies to preserve and enhance the extensive public access which currently exists. Commissioner Pomeroy stated that one of the reasons for the application is to facilitate the purchase of the mobile home park by the residents, which would provide a huge stock of affordable housing which cannot be affordable if they do not have control over the land because of rent increases. A mobile home park is typically populated by senior citizens and their concerns regarding security are a major issue. In response to a question posed by Commissioner DiSano, Ms. Flory explained that a finding has to be based on substantial evidence and interpretation. The finding has to determine that -13- �y�O�t�•A'Pd�9`t'p • CITY OF NEWPORT BEACH u 11�i ►1i711f�?.� March 18, 1993 ROLL CALL INDEX there is adequate public access to the waterway that meets the intent of the statute and meets the requirements of the access requirement. Mr. Hewicker explained that it is staffs opinion that the facts do not exist for such a finding. In response to a comment posed by Commissioner Glover with respect to the proposed cost of the De Anza lots, Mr. Webb explained that staff has not been involved in the financial dealings between the two parties. Commissioner Ridgeway stated that the only public access area of the Upper Newport Bay that restricts the public is in front of the private mobile home park and the private docks. Mr. Webb concurred. Chairman Edwards and Mr. Webb discussed who would be responsible to maintain the bulkhead areas adjacent to the subject parcels. Commissioner Glover and Mr. Webb discussed the bulkhead areas in the City that are maintained by the property owners. In response to comments posed by Commissioner Gifford, Mr. Webb explained that De Anza has the master lease from The Irvine Company for all of the facilities, and De Anza leases to the individual members of the mobile homes. De Anza operates in a manner that the marina area is not exclusive to the residents. Mr. Webb concurred with Commissioner Gifford that the De Anza Mobile Home Park residents do not currently have exclusive use of the marina area. In response to a question posed by Commissioner Merrill, Mr. Webb explained that there is an existing walkway adjacent to the bay. Mr. Webb and Mr. Hewicker 'explained that it is not the City's intent for the public to use the public access way to use the beach; however, it would give the public the right to walk along a path that goes between the mobile home park and the marina. -14- 0 CITY OF NEWPORT BEACH MINUTES Mnrrh 1R 1QQ3 -- - - -- - • ---- ROLL CALL INDEX Ms. Flory addressed Sections 66478.2 and 3 of the Subdivision Map Act.... The increase in population has also increased demand for private property adjacent to public natural resources through real estate subdivision developments which resulted in diminishing public. access to public natural resources...... It is the intent of the Legislature to increase public access to public natural resources. Section 66478.4 and 5 of the Subdivision Map Act....No local agency shall approve either a tentative or a final map of any proposed subdivision to be fronted upon a public waterway which does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision .... bordering or lying within the proposed subdivision. Commissioner DiSano addressed the Local Coastal Program Policies as stated in the staff report wherein he commented that "new development" is specifically referred to, and he questioned if "new development" means the tentative or final map act. He said that the subject area is not a "new development ". Mr. Hewicker replied that it is the opinion of staff that this is a "new development" inasmuch as it is a division of land that currently does not exist and it is "new development" inasmuch as it is transferring from leasehold to ownership. Ms. Flory explained that the Subdivision Map Act addresses any subdivision. Commissioner Gifford questioned if the public access could either come from Bayside Drive to the easterly border which would give access to the bay on the property, and the alternative access would be the gate to another property that does connect with a public road. Mr. Webb explained that it is staff's interpretation that either access would meet the requirement. Commissioner Pomeroy asked what percentage of the Upper Newport Bay is available to public access at this time. Following a consideration by staff and the Commission, Commissioner Pomeroy concluded that public access would be in excess of 90 percent and he questioned if that would not be appropriate for a finding for sufficient public access. • -15- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES March 18, 1993 ROLL CALL INDEX Chairman Edwards asked if the Commission would approve the subject Resubdivision, and not attach any condition of public access, is there not a limitation on the ultimate user of the property as to what they ultimately decide to do with the property at a later date when the sale is made. Mr. Hewicker replied that the property is zoned for a mobile home park. In response to a question posed by Commissioner Gifford, Mr. Webb replied that there is a fence between the clubhouse and the private beach. The public hearing was opened in connection with this item, and Mr. Tom Redwitz, Vice President of Land Development for The Irvine Company, appeared before the Planning Commission. He concurred with the findings and conditions in Exhibit "A", as amended, with the exception of Condition No. 5. The Irvine Company agrees with the policy that new development provide public access on the waterways. The subject property consists of an existing development and on that basis, The Irvine Company does not want to disrupt the existing residents at the facility. The lessee of the property is required to sign the map to facilitate the transaction and currently the transaction would be the sale of the mobile home property to the tenants. The tenants have indicated a problem with providing public access and it may prevent a sale to the tenants. Mr. Redwitz distributed copies of the Local Coastal Program Land Use Plan of the City of Newport Beach to the Commission and staff wherein he indicated that the lateral access and the vertical access refers to "new development" as opposed to "existing development." The policy further indicates that Policies 4, 5, and 6 do not pertain to established, existing residential subdivisions where no sandy beach exists wherein he explained that the vast majority of the property is adjacent to a bulkhead and does not have a sandy beach. In reference to the Subdivision Map Act, Section 66478.8, stating ....if the local agency makes a finding that such reasonable public access is otherwise available within a reasonable distance from the subdivision.... He explained that he -16- CITY OF NEWPORT BEACH MINUTES March 1R 1QQA ROLL CALL INDEX was under the impression that in the Newport Dunes, there is a public easement that runs along the front of the property, and he has been informed that there is an agreement with the City, the County, and the Dunes operator that pedestrians and bicyclists are able to use any portion of the property free. He concurred with Commissioner Pomeroy that a vast majority of the Upper Newport Bay is open for public access; therefore, he determined that the Commission can make a finding that there is sufficient public access to the bay. In response to a question posed by Commissioner Ridgeway with respect to the revised Condition No. 5, Mr. Redwitz replied that the transfer of existing lease agreement or any pmt thereof would disrupt the transaction of the sale of the land interest of the mobile home park to the tenants subject to the existing lease. Ms. Flory suggested that the condition be modified to include the transfer of assignment of the existing lease except for purposes of financing. Commissioner Ridgeway asked if the current buyer was able to negotiate a cancellation of the lease with De Anza. Ms. Flory considered that a termination would trigger the Irrevocable Offer to Dedicate. In response to a question posed by Commissioner Glover, Mr. Redwitz replied that the De Anza residents have indicated to The Irvine Company that there is a problem with a public access easement and signing the map. Commissioner Glover referred to Mr. Redwitz's aforementioned comments regarding the Local Coastal Program, and she stated that if the Commission would allow the public to walk on the walkway and exclude the sandy beach for the exclusive use of the residents, that it would show a good faith effort by the City to the Coastal Commission and it would retain the beach for the residents. Ms. Flory responded that the City does not consider the subject property to be an established, existing residential subdivision. In response to a question posed by Chairman Edwards in reference to The Irvine Company's acceptance of a modified Condition No. 5, Mr. Redwitz explained that The Irvine Company -17- CITY OF NEWPORT BEACH MINUTES Mnrrh 1R 1001 ROLL CALL INDEX would suggest public access would be provided if mutually agreed upon by all parties of interest of the property. Chairman Edwards stated that there is no offer of dedication or public access until such time as a condition has subsequently occurred. Commissioner Gifford reviewed the testimony to this point. She stated that the purchase of the land does not cause anything in revised Condition No. 5 to be triggered: the lease has not ended, it has not been extended, and it has not terminated. Mr. Redwitz responded that his interpretation would be that when the tenants buy the land in fee interest, along with the fee interest, The Irvine Company would transfer the lease that they have with De Anza. Commissioner Gifford concluded that De Anza would need to purchase the fee interest in the parcels on which the mobile homes are located, plus the master lease for some of the parcels, to accomplish the ultimate goal of the tenants. Mr. Redwitz concluded that revised Condition No. 5 is problematic to the transaction and he requested that the revised condition be removed. Chairman Edwards and Ms. Flory discussed their interpretations of Mr. Redwitz's foregoing comments. Mr. Redwitz stated that his concern is not the termination or extension, but it is the transfer of the existing lease agreement. The Irvine Company's acceptance of the De Anza residents is contingent upon them accepting the existing lease; therefore, The Irvine Company would be selling the fee interest and transferring the existing lease agreement. Mr. Webb stated that it is staffs interpretation that the lease has several pieces, and the transfer of the lease to the mobile home park is different from the lease that would control the public accessway because the public accessway would be controlled by De Anza. It is staffs intent that as long as De Anza controls the land under the public access easement that they would not have to dedicate it. Chairman Edwards suggested that the language needs to be refined, and Ms. Flory concurred. Commissioner Gifford concluded that there are not multiple leases that cover the property in terms of a lessee and The Irvine -18- COBOUSSIONERS CITY OF NEWPORT BEACH MINUTES Mnreh 1R 199' ROLL CALL INDEX Company as lessor. There is one lease that covers the entire property, and there is a sub -lease between De Anza and the mobile home park. The lease that is referred to in revised Condition No. 5 would be considered the master lease which is the overall lease and in order for the residents of the mobile home park to acquire their portion of the lease, they need to acquire the entire lease. Mr. Redwitz concurred with the aforementioned comments. Mr. Royal Radtke, President of Bayside Homeowner's Association (i.e., the Mobile Home Park), appeared before the Planning Commission on behalf of the homeowners. He said that the mobile home park could be considered a seniors residential facility. He said that the residents are attempting to purchase from The Irvine Company, Parcels No. 2 and No. 3. The reason for the purchase is to control the cost of living and the expense to reside at the mobile home park. It is a senior low- housing income facility; however, with the increases proposed by the present leaseholder, De Anza, the residents anticipate at the end of the present year's lease, should De Anza renew the lease and the residents not purchase the land, a 30 percent increase immediately of the leasehold fee and a 7 to 10 percent increase every subsequent year, or the CPI, whichever is greater. The majority of the existing seniors would have to move out of the mobile home park and would lose their present investment. The residents anticipate the purchase of the fee interest to be approximately $45,000 per unit, and then to purchase the leasehold interest of the two parcels from the De Anza Corporation. They are not presently wilting to negotiate the cost until the residents are able to obtain the parcels for their purchase. The residents do not intend to purchase the boat slips. The organization would be a non - profit homeowner's association and would not want the slips for the reasons of liability and maintenance. The subdivision would allow the parcels to be purchased and the residents could remain in their mobile homes and purchase the land below them so as to guarantee their cost in the future. He described the areas that would provide public access on both sides of the mobile home park, i.e. from Bayside Drive, Newport Dunes, and the bicycle -19- I MR � R141 NR%\\%V0 CITY OF NEWPORT BEACH MINUTES March 18, 1993 ROLL CALL INDEX path. He expressed a concern for the security of the senior residents. The public access area that the City is proposing around the clubhouse area is not a large area in comparison with the area that is available in Upper Newport Bay. In response to a question posed by Commissioner Ridgeway with respect to "condominiumize ", Mr. Radtke replied that it would allow the residents to purchase the fee interest under the units or by shares. There is not adequate financing to do it by purchasing shares; however, with respect to fee interest, there is financing available. He further replied that the residents are aware that they would have to come back to the City if they requested to "condominiumize" the community; however, he was uncertain if the correct term would be "condominiumize ". Mr. Hewicker and Mr. Webb discussed the location of the Parcel No. 1 access easement. In response to a question posed by Commissioner Gifford, Mr. Radtke could not accurately calculate the financial negotiations of the leasehold; however, he estimated that the cost of each unit would be $25,000 to $30,000, or $65,000 to $70,000 for the total purchase of each unit. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question pose by Commissioner Glover with respect to deed restrictions, Mr. Hewicker explained that the property is currently zoned for mobile homes. In order to construct condominiums on the property, it would be necessary to remove the mobile home overlay zone at public hearings. In response to a question posed by Commissioner Gifford, Mr. Hewicker replied that the mobile home owners could sell their property at market value. The deed restriction has to be a condition that is put on the property from the seller to the buyer. Commissioner Gifford said that there is no method to maintain the mobile home park as low income senior housing inasmuch as the parcels could be sold at market value at a later date. • -20- CITY OF NEWPORT BEACH MINUTES mnrA 1R 10QR ROLL CALL INDEX Commissioner Pomeroy explained the difficulties that the residents would have if they sold their land based on the escalation of current land values. He indicated that the residents are in a difficult situation unless they are able to control their land for the number of years that they intend to reside in the development. lotion * . Motion was made to approve Resubdivision No. 995 subject to the findings and conditions in Exhibit "A", as modified, with the exception that revised Condition No. 5 be deleted. The added Finding would be from the Subdivision Map Act, Section 66478.8, That the local agency makes a finding that such reasonable public access is otherwise available within a reasonable distance from the subdivision. Commissioner DiSano stated that a case can be made legitimately that there is adequate and reasonable public access to the bay easterly and westerly of the subject property. Commissioner Merrill supported the motion on the basis that there is sufficient public access to the bay. Commissioner DiSano concurred with Mr. Hewicker that Findings No. 4 and No. 5, Exhibit "A" would be deleted and add the aforementioned Finding to Exhibit "A ". Commissioner Glover asked if the walkway was currently private property or can it currently be accessed by the public. Mr. Webb replied that the public would be trespassing on private property. Chairman Edwards stated that his preference would be to continue the application to allow the City Attorney's Office and the applicant additional time to compose adequate language for revised Condition No. 5. He expressed his support of the efforts of the mobile home residents and he determined that if the residents thought the entire action through that the residents would support ubstitute * the substitute motion. Substitute motion was made to approve btion Resubdivision No. 995, subject to the findings and conditions in Exhibit "A" as revised in the addendum staff report. -21- CITY OF NEWPORT BEACH MINUTES March 18, 1993 ROLL CALL L INDEX Commissioner Gifford supported the substitute motion. She said that she supports the concept of the residents being able to purchase the mobile home park; however, the resubdivision constitutes a new development and there is not adequate evidence . to support adequate public access to the bay. The substitute motion represents a reasonable compromise which would allow the transaction to be facilitated providing the language could be reached that would not trigger the condition upon a transfer related to the purchase by the residents. The provision ultimately of public access to the bay is consistent with the intent of the Local Coastal Program, and the possibility of having free access for hiking and biking through the entire bay front is a very desirable goal that would ultimately be reached under the provisions of the substitute motion. Commissioner Glover asked if there is another process whereby the mobile home park would come back to the Commission if the Commission eliminated revised Condition No. 5. Ms. Flory explained that it would depend upon what occurs in the future with regard to zone changes. She said that the subject application is the most direct process that would require dedication from both the Local Coastal Program and the Subdivision Map Act. Commissioner Glover stated that the most ideal situation would be to facilitate the ability for the residents to purchase the property from De Anza and the issue to come back to the Commission at a later date in preparation to go to the Coastal Commission. Mr. Redwitz reappeared before the Planning Commission. He suggested that if the Commission takes action on revised Condition No. 5 that the Commission eliminate the transfer of the existing lease agreement or any part thereof, and the applicant would work with staff. Chairman Edwards amended the substitute motion to comply with the applicant's request. Commissioner Merrill stated that from a negotiating standpoint he would prefer to support the original motion and delete revised Condition No. 5. -22- sc MC Ay NC Re St M< I Si M< A; N< 03 Mc A7 Nc d��'PoS�'1'0 CITY OF NEWPORT BEACH MINUTES March 1 R_ 1993 ROLL CALL INDEX Commissioner Gifford responded that there is a risk that there would be no negotiations between the applicant and the City. Commissioner Pomeroy stated that the project is not a new, development and it consists of individuals who want to own their own land. He emphasized that there is sufficient public access to Upper Newport Bay. Lbstitute Substitute motion was voted on to approve Resubdivision No. 995 .tion vote subject to the findings and conditions in Exhibit "A ", as revised in les * * * * the addendum to the staff report. SUBSTITUTE MOTION es * * * CARRIED. :vote Commissioner DiSano requested that the Commission re -vote on 0stitute the basis that it was not his intent to vote in support of the > ion * Substitute Motion. Motion was made and voted on to re -vote the yes * * * * * Substitute Motion. MOTION CARRIED. ibstitute Substitute motion was voted on to approve Resubdivision No. 995. >tion Rev6l:ec SUBSTITUTE MOTION DENIED. . res >es * * * Motion was voted on to approve Resubdivision No. 995 subject to the findings and conditions in Exhibit "A ", delete Findings No. 4 - iginal and No. 5, add a Finding as previously stated, and to modify the >tion Voted conditions as stated in the addendum to the staff report with the ies * * exception that Condition No. 5 would be deleted. MOTION * CARRIED. FINDINGS: 1. That the design of the subdivision and the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. -23- l CITY OF NEWPORT BEACH MINUTES March 18, 1993 ?OLL CALL INDEX 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. Deleted 5. Deleted 6. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map AcL • 7. That reasonable public access to the bay is available within a reasonable distance from the subdivision. CONDITIONS: 1. That a parcel map be recorded prior to issuance of building permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision . Code and Orange County Subdivision Manual, Subarticle 24 L COMMISSIONERS CITY OF NEWPORT BEACH MINUTES March 18. 1993 ROLL CALL INDEX 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction. project. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. Preliminary plans shall be prepared in sufficient detail to provide detailed cost estimates for bonding purposes and all bonded improvements shall be completed within three years of the map recordation. The Subdivision Agreement may be extended for an additional two (2) years with an updated cost estimate if the Irvine Company is still in ownership of all parcels. 5. Deleted 6. That an easement for ingress /egress and parking, for the benefit of Parcel No. 4 from said parcel to East Coast Highway, be recorded prior to recordation of the parcel map and shall remain in effect until such time as said parcel is conveyed and resubdivided into the adjacent property. 7. That all vehicular access rights to East Coast Highway be released and relinquished to the City of Newport Beach. 8. That Bayside Drive be reconstructed with concrete curb, gutter and drive approaches; a 5 foot wide concrete sidewalk along the northwesterly side and an 8 foot wide concrete sidewalk along the southeasterly side of Bayside -25- CITY OF NEWPORT BEACH MINUTES March li;_ 1993 ROLL CALL INDEX Drive along the frontages to Parcels No. 1, 2 and 3, unless otherwise approved by the Public Works Department. That all work be completed under an encroachment permit issued by the Public Works Department along the Bayside. Drive frontage and all work along the East Coast Highway frontage be completed under an encroachment permit issued by the California Department of Transportation. 9. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 10. That a hydrology and hydraulics study be prepared for the site by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for Bayside Drive improvements prior to recordation of the parcel map. Any modifications or extensions to the storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That the existing storm drain facilities within Bayside Drive and connections to bay outlets, be upgraded to handle a minimum 25 year storm frequency. Appropriate easements as required shall be dedicated on the parcel map. Notice shall be given to prospective owners of any deficiencies for drainage that are found by the studies. 11. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and the Marine Department. The top of the bulkhead is to he a minimum elevation of 9.00 above M.LLW. (6.27 MSL). Bonding will be permitted for any bulkhead improvements shown to be required if all required improvement are completed within one year of the Parcel Map recordation. -26- COMIIRISSIONERS 4 CITY OF NEWPORT BEACH MINUTES i, rM.mK WL*Qt' ROLL CALL INDEX 12. That the owner execute an Offer to Dedicate a 12 foot wide strip of land adjacent to Bayside Drive along the frontage of Parcel No. 1 for street and highway purposes. and dedicate a 15 foot radius comer cutoff at the corner of Bayside Drive and East Coast Highway. The Offer of Dedication shall be completed prior to issuance of any building permits and prior to the recordation of the parcel map if the dedication is not accomplished on the parcel map. 13. That the Public Works Department plan check and inspection fee be paid. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 15. That overhead utilities along Bayside Drive be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or-impractical. 16. That the Bayside Drive right -of -way be rededicated to the . City on the Parcel Map. 17. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 18. That the on -site parking, vehicular circulation and pedestrian circulation systems for Parcel No. 1 be subject to further review by the City Traffic Engineer. . 19. That all parking spaces within Parcel No. 1 shall be striped -27- COMMISSIONERS CITY OF NEWPORT BEACH Iuli\ti11Y�?.9 March 1 R_ 1993 ROLL CALL INDEX with approved traffic markers or painted white lines not less than 4 inches wide. 20. That this resubdivision shall expire if the map has not been. recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. 21. That a condition survey of the existing underpass pedestrian walkway crossing under Bayside Drive be made by a civil or structural engineer, and that the underpass be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and the Public Works Department. Bonding will be permitted for any underpass improvement shown to be required if all required improvements are completed within one year of the Parcel Map recordation. General Plan Amendment No 92 -2(C) (Public Hearing) item No.4 Request to amend the Land Use Element of the General Plan so GPA92 -2 (C) as to revise the area description for Bayview Landing to incorporate additional language required by the California Coastal and Commission in the certification of Local Coastal Program LCP No.28 Amendment 3 -92. Approved AND B. Local Coastal Program Amendment No. 28 (Public Hearin Request to amend the Local Coastal Program, Land Use Plan so . as to revise the area description for Bayview Landing to -28- CITY OF NEWPORT BEACH MINUTES March 18, 1993 s ROLL CALL INDEX incorporate additional language required by the California Coastal Commission in the certification of Local Coastal Program Amendment 3-92. LOCATION: Property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item. There being no one to appear and be heard, the public hearing was closed at this time. 10Ayes * * * * * * * * Motion was made and voted on to recommend General Plan Amendment No. 92 -2(C) [Resolution No. 1326] and Local Coastal Program Amendment No. 28 [Resolution No. 1327] to the City Council for their approval. MOTION CARRIED. The Planning Commission recessed at 10:00 p.m. and reconvened at 10:05 p.m. Use Permit No 3012 (Amended) (Public Hearing) Item No. Request to amend a previously approved use permit that permitted v . P . 3o 12 the establishment of a take -out restaurant, specializing in the sale of yogurt, muffins and coffee, on property located in the RSC -R Approved District. The proposed amendment involves a request to revise Condition of Approval No. 13 of the existing use permit so as to permit a maximum of 10 seats within the facility. The existing condition provides that only bench seating shall be permitted. -29- s CITY OF NEWPORT BEACH MINUTES March 1R 1993 ROLL CALL INDEX LOCATION: Lot 12, Block 14, Section 4, Balboa Island, located at 322 Marine Avenue, on the easterly side of Marine Avenue between Balboa Avenue and North Bay Front, on Balboa Island. ZONE: RSC -R APPLICANT: Leroy C. Sutherland, Balboa Island OWNERS: Charles F. and Paula V. Durnian, Newport Beach The public hearing was opened in connection with this item, and Mr. Leroy C. Sutherland, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made and voted on to approve Use Permit No. 3012 ,11 Ayes (Amended) subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. The restaurant facility is consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of development standards as they pertain to parking, setbacks, landscaping, traffic circulation, walls, parking lot illumination and underground utilities will be of . no further detriment to adjacent properties inasmuch as the -30- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES March 18. 1993 ROLL CALL INDEX site has been developed and the structure has been in existence for many years. 4. That the proposed use does not represent an intensification. of use that will result in an increased parking demand. 5. The approval of Use Permit No. 3012 (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. CONDMONS: 1. That the proposed development shall be in substantial • conformance with the approved plot plan and floor plan except as noted below. 2. That no cooling or preparation of food other than frozen yogurt, muffins, coffee or related products shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the Planning Commission. 3. That kitchen exhaust fans shall be designed to control odor and smoke to the satisfaction of the Building Department. 4. 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. 5. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Building Code, unless otherwise approved by the Building Department and the Utilities Department. -31- COMMISSIONERS 4 P N415,1\00011 *\\\O CITY OF NEWPORT BEACH PUT t101 fill Ia?.M March 1R_ 1993 ROLL CALL INDEX 6. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 7. That all trash, including compact trash bags and recyclable. containers, shall be stared within the building until they are to be picked up. 8. That all mechanical equipment and trash areas shall be screened from Marine Avenue and the adjoining alley and residential properties. 9. That restaurant development standards pertaining to parking, setbacks, landscaping, traffic circulation, walls, parking lot illumination, and underground utilities shall be waived. 10. That no alcoholic beverages shall be sold on the premises unless the Planning Commission approves an amendment to the use permit. 11. That the sidewalk on Marine Avenue shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain system. 12. That all exterior lighting and signs shall conform to Chapters 20.06 and 20.72 of the Newport Beach Municipal Code. 13. That the maximum seating or counter space shall be limited to 10 seats or stools within the proposed facility. 14. That no dining shall be permitted within the outdoor breezeway /patio area on the subject lot. 15. That Coastal Commission approval shall be obtained. -32- 4 all , N1400\1101P \\5%%%\\V0 CITY OF NEWPORT BEACH MINUTES March 18. 1993 ROLL CALL INDEX 16. That the hours of operation shall be limited between the hours of 7:00 am. and 10:00 p.m. daily. 17. That the Planning Commission may add to or modify. conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 18. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. i �* Use Permit No. 3475 (Continued Public Hearing) Item No -, Request to permit the continued operation of an existing U.P -3475 independent massage establishment on property located in the M- 1 -A District. The proposal also includes a request to waive the Approved location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lot 47, Tract No. 3201, located at 4001 Birch Street, on the northwesterly side of Birch Street, between Dove Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: John V. Black, Newport Beach OWNER: Aldo Chiappero, Reno, Nevada -33- COMMSSIONERs • ��'pp� '��p�Os�p CITY OF NEWPORT BEACH MINUTES March 18. 1993 ROLL CALL INDEX Commissioner Merrill expressed his concerns that the subject establishment will be moving from Suite "C" which contains approximately 323 square feet and one technician, to Suite "D" which will contain approximately 680 square feet and a total of four technicians, and a potential blight in the area. Robin Flory, Assistant City Attorney, explained that there are no restrictions on the number of technicians that can work at a massage establishment and there are no limitations to the size of a massage facility. She further explained that the Massage Establishment Ordinance addresses the number of operations as opposed to the number of technicians operating under the Business License. The public hearing was opened in connection with this item, and Mr. John Black, applicant, appeared before the Planning Commission. Mr. Black concurred with the findings and conditions in Exhibit "A ". Mr. Black pointed out that the revised . floor plan, Suite "D ", that is attached to the staff report is more accurate than the revised Site Plan. Ms. Lois Levine, 4001 Birch Street, Suite "B ", appeared before the Planning Commission. Ms. Levine supported the subject use permit on the basis that the establishment is .a legitimate massage establishment. She explained that a massage establishment has occupied Suite "C" during the past few years and she asked if it is possible for another facility to occupy the premises. Ms. Flory explained it would be necessary for an operator to apply for an Operator's Permit, and a use permit to operate an independent establishment in Suite "C ". There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made and voted on to approve Use Permit No. 3475 Motion All Ayes * * * * * * subject to the findings and conditions in Exhibit "A". Commissioner Glover expressed her concerns regarding the number of massage establishments that are located in the subject vicinity. The Commission needs to consider if the massage ID establishments are in the best interest to the other property owners in the area. MOTION CARRIED. -34- I CITY OF NEWPORT BEACH MINUTES March 1R 1008 ROLL CALL INDEX FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 550. and Chapter 20.63 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is justified in that the subject business is an existing facility. 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. 4. That adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. -35- CITY OF NEWPORT BEACH MINUTES March 1R_ 1943 ROLL CALL INDEX 9. That the Police Department has indicated that there are not any police problems associated with the subject operation 10. The approval of Use Permit No. 3475 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. CONDMONS: 1. That the existing massage establishment shall be in substantial conformance with the approved revised plot . plan and floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily, as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4., That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 6. That a Certificate of Occupancy shall be obtained from the Building Department for the new tenant space. 7. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. -36- L COMMISSIONERS CITY OF NEWPORT BEACH MINUTES March 18. 1993 ROLL CALL INDEX 8. 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, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. Use Permit No. 3487 (Public Hearing) Item No. Request to permit the continued operation of an existing independent massage establishment on property located in the Newport Place Planned Community. The proposal also includes U.P.3487 Approved a request to waive the location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Parcel 1 of Parcel Map 53 -13 (Resubdivision No. 395) located at 4251 -G Martingale Way, on the westerly side of Martingale Way, southerly of Corinthian Way, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Chong In Lee, Newport Beach OWNER: MacArthur Square II, Irvine The public hearing was opened in connection with this item, and Mr. Reuben Martinez appeared before the Planning Commission on behalf of the applicant. Mr. Martinez concurred with the . findings and conditions in Exhibit W. -37- CITY OF NEWPORT BEACH u ►iTiIGFA9 March 18, 1993 ROLL CALL MEX In response to a question posed by Commissioner Gifford, Mr. Martinez replied that the applicant has owned the business for approximately two years. Robin Flory, Assistant City Attorney, explained that the reference in the staff report indicating that the establishment has had no history of problems within the last two years was phrased in that manner because a previous business was cited for Municipal Code violations and she expressed doubt that it would be relevant to the determination of the subject use permit. There being no others desiring to appear and be heard, the public hearing was closed at this time. lotion * Motion was made and voted on to approve Use Permit No. 3487 kii ayes subject to the findings and conditions in Exhibit "A". MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is justified in that the subject business is an existing facility. 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. 4. Adequate off - street parldng and related vehicular circulation are being provided in conjunction with the existing development. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments . will be observed. -38- 4 CITY OF NEWPORT BEACH MINUTES March 1R. 1993 ROLL CALL INDEX 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7 That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3487 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 the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of the Newport Place Planned Community District Regulations. -39- CITY OF NEWPORT BEACH MINUTES March 1R- 1993 ROLL CALL INDEX 5. That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. 6. That the applicant shall submit drawings and obtain all required building, plumbing and electrical permits for existing tenant improvements. 7. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 8. 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, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. Use Permit No 3467 (Review) (Discussion) item No.s Request for the Planning Commission to review a previously U.P -3467 No action approved use permit which permitted the continued operation of an existing independent massage establishment on property located in the M -1 -A District. The approval also included a waiver of the location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lots 11, 12, 50 and 51, Tract No. 3201, located at 2028 Quail Street, on the ID northeasterly corner of Birch Street and -40- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES March 1R- 1993 ROLL CALL INDEX Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANTS: Bruce W. and Kanungsook Ragland, Garden Grove OWNER: Campus Square, Newport Beach At the request of Chairman Edwards, Mr. Bruce W. Ragland, applicant, appeared before the Planning Commission. Commissioner Merrill referred to the staff report indicating that all criminal proceedings have been concluded as the result of a on Ayes * hung jury. Motion was made and voted on that the Commission would take no action on the use permit. MOTION CARRIED. s s s Use Permit No. 3489 (Public Hearing) item No. Request to permit the establishment of an outdoor sales facility UP.3489 involving the sale of flowers from a stationary flower cart, on property located in the RSC -H District. Approved LOCATION: Lots 1-6, Tract No. 210, located at 200 West Coast Highway, on the northwesterly corner of West Coast Highway and Dover Drive, across from Bayshores. ZONE: RSC -H APPLICANT: Julie Anne Duffy, Newport Beach OWNER: Leonard Horwin, Newport Beach s -41- COMMISSIONERS CITY OF NEWPORT BEACH lu ►�iiTL N-DT-9 March 1R. 1991 ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Brent Adams, 115 Promontory Drive West, appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. otion * Motion was made and voted on to approve Use Permit No. 3489 11 Byes * * * * subject to the findings and conditions in Exhibit "A ". Commissioner Ridgeway expressed his support of an outdoor flower stand at the subject location. MOTION CARRIED. FINDINGS: 1. That the proposed development 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 adequate parking will be available on -site to accommodate the proposed facility. 4. That the proposed outdoor display area, as limited by the following conditions of approval, will not impede pedestrian or traffic circulation within the subject property. 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. -42- COIVIIMSSIONERS M " G A0 "ta R, \t\*\O CITY OF NEWPORT BEACH MINUTES Mnrrh 1R. 1993 ROLL CALL INDEX 6. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. That the approval of Use Permit No. 3489 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 plot plan, cart area detail and elevation, except as noted below. 2. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. Signs indicating flower sales shall not be permitted in or on automobiles on the site. 3. That no temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the flower establishment. 4. That the outdoor sales cart shall be limited to a maximum footprint of 24 square feet (as proposed) and that the area devoted to the outdoor sales shall also be limited to a maximum of 275 sq.ft., an area for an employee or attendant is also included in the area devoted to the outdoor sales. Sales shall be limited to flowers, plants, and related merchandise only. The existing planter areas shall be used only for landscape purposes and no display, of flowers or any merchandise for sale shall be permitted in said areas. 5. That proposed outdoor sales area and cart location shall be designed to provide sight distance for vehicles backing from the adjacent parking spaces and exiting the subject -43- CITY OF NEWPORT BEACH h)IIIasiIDa.'] March 1R. 1993 ROLL CALL INDEX property, and that the final location be approved by the City Traffic Engineer. 6. That relocation of the outdoor sales area and cart structure within the subject property is permitted subject to the approval of the Planning Director, should changes in tenants of the subject property warrant such a relocation. 7. That the employees shall park their vehicles on -site at all times. 8. That all cleaning and preparation of inventory, excluding the simple assembly of bouquets for quick sale, to include the storage of flowers and other floral arranging paraphernalia or merchandise, shall be located so as to be screened from view of neighboring residential properties and from West Coast Highway and Dover Drive. Should such activities be conducted out of doors and a problem arise (as determined by the Planning Department) the activities will then be relocated to within one of the existing commercial buildings on -site. 9. That the disposal of any debris or water shall not impede or litter the public sidewalks or curb and gutters on West Coast Highway or Dover Drive. Any discarded water shall provided with appropriate drainage to prevent drainage across West Coast Highway or Dover Drive sidewalks. 10. That restrooms within the existing commercial building on- site shall be available for use by the customers and employees of the proposed freestanding flower sales business during operating hours. 11. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review approval by the Traffic Engineer. Vehicular access to the subject site shall be limited to right -in and right -out only . and shall be properly posted with signage as approved by -44- 51e) V11,1 V1' C 00- CITY OF NEWPORT BEACH MINUTES March 18, 1993 ROLL CALL INDEX the City Traffic Engineer. That existing landscaping within the sight line of the driveway entrances shall not exceed 24 inches in height and shall be subject to further review by the City Traffic Engineer. 12. That all improvements be constructed as required by Ordinance and the Public Works Department. 13. That a minimum of twenty four (24) independently accessible parking spaces shall be provided on -site for the customers and employees of the proposed outdoor flower display facility and to serve the other permitted uses located on site. 14. That the paved parking areas on the subject property shall be appropriately restriped. That the parking lot layout of the subject property shall be prepared and the striping shall be marked with approved traffic markers or painted white lines not less than 4 inches wide and shall be approved by the City Traffic Engineer prior to the establishment of the subject business. 15. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self- parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 16. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. The site shall also be maintained in a clean and orderly manner from debris associated with the proposed use. 17. That the Planning .Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this -45- cormMISSIONEI2s • �`��y' 1 ' o� �` � P od ��� 'o CITY OF NEWPORT BEACH MINUTES March 1R 1001 [TOLL CALL INDEX amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 18. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Amendment No. 775 (Public Hearing) item No.1 Request to amend a portion of Districting Map No. 3 so as to A. 775 establish a 2.85 foot front yard setback on 3 lots from the existing 10 foot wide Clubhouse Avenue easement adjacent to the Approved bulkhead on the Rivo Alto Channel where the Districting Map currently designates a 3 foot front yard setback from the original ReS• 1323 front property lines, prior to the abandonment of a portion of the street right -of -way. LOCATION: Lot 1, Block 432, Canal Section and an abandoned portion of Clubhouse Avenue, located at 400, 400 1/2, and 402. Clubhouse Avenue, on the northeasterly side of Clubhouse Avenue, between the Rivo Alto Channel and Finley Avenue, in West Newport. ZONE: R -2 APPLICANT: The City of Newport Beach Mr. Fleetwood Joiner, architect for the property owner at 400 1/2 Clubhouse, appeared before the Planning Commission. Mr. Joiner requested that page 3 of the staff report be corrected to read ...and a gravel parking space at 400 Clubhouse Avenue... -46- L 4 • irlvl �- 0NF04R11k\1%t0 CITY OF NEWPORT BEACH MINUTES March 18 1993 u ROLL CALL INDEX In response to a question posed by Commissioner Merrill, Mr. Webb replied that staff will attempt to provide a public access through the area. There being no others desiring to appear and be heard, the public hearing was closed at this time. Following a discussion between the staff and the Commission, William Laycock, Current Planning Manager, suggested the staff report be corrected to read ....The Commission addressed the existence of private improvements located in the public right -of -way, namely fencing at 400 112 Clubhouse Avenue and a gravel parking space at 400 Clubhouse Avenue. He explained that the fencing at 400 1/2 Clubhouse Avenue no longer exists. IFYMotion es * * * * * * * was made and voted on to adopt Resolution No. 1323 recommending to the City Council Amendment No. 775. MOTION CARRIED. Amendment No. 777 (Continued Public Hearing) item No. Request to consider an amendment to Title 20 of the Municipal A- 777 Code so as to: increase the permitted 3 foot height limit for fences, walls, hedges and screen planting within required front yard Denied setbacks in specific residential districts, as well as architectural features such as pilasters, gates and light fixtures, except within required sight distance triangle areas; add language to Section 20.02.070 of the Municipal Code so as to require a sight distance triangle at the intersection of streets and driveways; and delete the requirement for a use permit for fences in specific locations since such fencing is currently reviewed by the Modifications Committee. INNTIIATED BY: The City of Newport Beach -47- u 00.�,. G'lOCLe d�drs . ��9�0��'f' �s O r CITY OF NEWPORT BEACH MINUTES March 18 1993 ROLL CALL INDEX James Hewicker, Planning Director, stated that if the concern of the Amendment is pilasters, gates and light fixtures, then it would be the position of the staff to delete that portion of the Amendment and to only approve the fences and walls higher than 3 feet. He said that given the fact that there are so many fences and walls in the City that are nonconforming with respect to exceeding the permitted 3 foot height in required front yard setbacks, it may be difficult to enforce the 3 foot height regulation inasmuch as the Planning Department may not be able to provide the staff to enforce the requirement to bring the fences and walls into conformance. The Planning Commission reviewed the requests that the Commission gave to staff at the March 4, 1993, Planning Commission meeting, to present to the Commission at the subject public hearing. Commissioner Glover addressed Mr. Hewicker's concern regarding the enforcement of fence height. She opined that the Amendment would be too restrictive and that the existing regulations should not change, and the taller fences would not be aesthetically pleasing in the community. Commissioner DiSano questioned if the subject Amendment is a better regulation to give to the Modifications Committee than the regulation that presently exists. Mr. Hewicker affirmatively replied. He said that there are many fences and walls in the City that do not conform with the 3 foot height in the front yard setbacks; however, the illegal fences that exist would have to be lowered or the property owners would be required to apply for a Modification to the Zoning Code for approval. He addressed the concern that he had to require a property owner to come to the City to apply for a Modifications Permit for an aesthetically pleasing fence that was constructed illegally. Commissioner Gifford stated that there are narrow sidewalks on. the Balboa Peninsula with walls that are immediately adjacent to . the sidewalk. She explained that the Modifications Committee was -48- COM MSSIONERS CITY OF NEWPORT BEACH MINUTES March 18, 1993 ROLL CALL INDEX set up to be the vehicle to review the applications, and if the request did not create a problem, then the Modification would be approved by the Committee. She expressed a concern that the Commission would be doing something that is reactive and, abandoning what was considered to be the correct way for keeping the City open and keeping an appropriate appearance. The enforcement policy has been more in response to complaints that have been made. Commissioner Gifford concluded that the Commission is heading in the wrong direction in changing what exists, and that the present system, with the Modifications Committee in place to handle requests for Modifications, is, perhaps, what is appropriate. Ms. Flory responded that the City is constantly enforcing the fence Ordinances. The problem that is occurring is that particular areas of the City were addressing specific issues regarding over - height fences and walls. Commissioner DiSano asked if the subject regulation would be a better regulation than the existing regulation. Ms. Flory replied that the subject Amendment is a better vehicle because it would allow more variation William Laycock, Current Planning Manager, explained that the proposed Amendment is slightly more liberal than the existing regulation, inasmuch as any fence or wall higher than 3 feet has to be 80 percent open The subject Amendment would allow higher fences and would allow more privacy. The proposed Ordinance addresses specific issues that do not exist in the present regulation There being no one to appear and be heard, the continued public hearing was closed at this time. Commissioner Merrill stated that to increase fence height from 3 feet to 4 feet on narrow streets is not aesthetically pleasing. He expressed his approval of the existing regulation, and he requested that 80 percent open construction be allowed on fences over 3 feet. -49- COBUMSSIONERS 0014�0x*M*\\o 4 CITY OF NEWPORT BEACH MINUTES March 18 1993 I ROLL CALL INDEX Chairman Edwards reviewed the Commission's aforementioned comments by indicating that it would appear that the Commission approves the existing regulations, that staff may lose a Code Enforcement Officer, and the proposed regulation would make the, staffs job easier. Discussion incurred between the Commission and staff with respect to the enforcement problems that 80 percent of an open 3 foot or 4 foot fence would create, and the enforcement of illegal fences and walls. Commissioner Ridgeway expressed his support of the existing regulation to retain the 3 foot fence height limit. He concurred with several of the Commissioners' testimonies during the public hearing that property owners would continue to construct illegal Dion fence heights regardless of the height regulation. * Commissioner Di3ano made a motion to approve Amendment No. 777, Resolution No. 1324. He explained that the staff stated that the proposed Amendment would provide some assistance in enforcement, and the Modifications Committee states that it would be better for the City. Commissioner Pomeroy supported the motion. The staff worked very diligently to try to solve a problem regarding the fence height limit. Commissioner Ridgeway opposed the motion on the basis that the current proposal permits pilasters to exceed 3 feet in height up to a combined width of 30 percent of the lot, and that figure does not include gates that could also exceed the 3 foot height limit. The entire issue is one of enforcement and not fence height. Substitute * Commissioner Glover made a substitute motion to retain the !lotion present policies, and to deny Amendment No. 777. -so- isle) „a,I •u 00- PONeRM 0 L CITY OF NEWPORT BEACH ui M5Rq March 18, 1993 ROLL CALL INDEX Commissioner Merrill supported the substitute motion; however, he indicated that he would like to see some modifications made to the existing ordinance. yes * * * * Substitute motion was voted on to deny Amendment No. 777. oes * * SUBSTITUTE MOTION CARRIED. :ss Modification No. 4065 (Continued Public Hearing) Item No.l Request to permit the as -built construction of a deck railing (4 14oa.4065 feet 10 inches t above the natural grade) which encroaches 15 feet into the 15 foot front yard setback, where the Zoning Code y g Cont. to 4 -8 -93 limits such construction to 3 feet above the natural grade. LOCATION: Lot 10, Block 532, Corona del Mar, located at 508 Dahlia Avenue, on the southeasterly side of Dahlia Avenue, between Second Avenue and Third Avenue, in Corona del Mar. ZONE: R -2 APPLICANTS: David and Carol Rudat, Anaheim OWNERS: Same as applicants James Hewicker, Planning Director, requested that this item be continued to the April 8, 1993, Planning Commission meeting. lotion Motion was made and voted on to continue this item to the April ,11 Ayes * 8, 1993, Planning Commission meeting. MOTION CARRIED. s s s -51- • Ilk CITY OF NEWPORT BEACH MINUTES March 18, 1993 ROLL CALL INDEX Discussion Item D -1 Review of the Planning Department Workload and Proposed Agenda for the Joint Meeting with the City Council on March 22.. The Commission and staff addressed the proposed joint meeting with the City Council. ADDITIONAL BUSINESS: Add' 1 BusinesE Motion was made and voted on to excuse Chairman Edwards and Commissioner Glover from the April 8, 1993, Planning Edwards Glover Commission meeting. MOTION CARRIED. Excused sss ADJOURNMENT: 11:05 p.m. Adjourn HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -52-