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Home My WebLink About04/07/197716150MISSIONERS City of Newport Beach � s� .� ;R Regular Planning Commission Meeting • C Place: City Council Chambers Time: 7:00 P.M. t Date: April 7, 1977 MOLL CALL Present Motion All Ayes tai on s Abstain • x x x x x x x EX- OFFICIO MEMBERS R. V. Hogan, Commu Hugh Coffin, Assis Benjamin B. Nolan, STAFF MEMBERS James D. Hewicker, William R. Foley, Shirley Harbeck, S Minutes of the Reg were approved as w X Minutes of the Reg X X X X X X were approved as w X abstained as she w Request to approve acres into 13 num b and two numbered for parking, ingr areas. Location: A pa loca Karn and NewF Trac Zone: P -C Applicant: Koll Owner: Same Engineer: Will Discussion was op( tieing no one desil pity Development Director tant City Attorney City Engineer Assistant Director - Planning Environmental Coordinator ecretary ular Meeting of March 3, 1977, ritten. MINUTES ular Meeting of March 17, 1977, ritten. Commissioner Heather as absent from the meeting. a Final Map to subdivide 10.429 ered lots for office development common area lots to be developed ess and egress, and landscape rtion of Lot 10, Tract No. 7953, ted on the easterly side of Von an Avenue between Campus Drive Birch Street in Koll Center ort. (Phase I of.Tentative Map t No. 9626) Center Newport, Newport Beach as Applicant iamson & Schmid, Irvine !ned to the public and there •ing to appear and be heard, Page 1. IN O E.X Item #1 FINAL WA P TRACT TO APPROVED CONDI- TIONALLY COMMISSIONERS �'9 SG SRS city 3 so s April MOLL CALL Motion All Ayes Motion All Ayes of Newport Beach 7, 1977 MINUTES • 1NOmx was returned to the Planning Commission :lion. made that Planning Commission recommend ;y Council the approval of Final Map 9740, subject to the following condi- ill applicable conditions of approval of ;ive Map Tract No. 9626 shall be ful- i . approve a Final Map to subdivide 14.90 thirty -one numbered lots for single ;idential development, two numbered lots ;ape and open space purposes and four lots for streets. Portions of Blocks 91, 92, 97 and 98 of Irvine's Subdivision, in an area bounded by the existing "Spy- glass Hill" development, the "Bren III" development, Broadmoor Seaview, San Miguel Drive, and the San Joaquin Reservoir site. This is a portion of Tentative Tract No. 8725 Section IV of Harbor View Hills, known a.s "Harbor Ridge." P -C The Irvine Company, Newport Beach Same as Applicant Simpson- Steppat, Newport Beach .ommission continued this matter to the F April 21, 1977. Page 2. Item #2 FINAL MAP TRACT 9589 CONTOO APR. 21 n �J the matte for discus Motion wa! to the Ci Tract No. tion: 1. That Tenta fille, Request t acres inti family re for lands lettered Location: Zone: Applicant Owner: Engineer: X Planning meeting o MINUTES • 1NOmx was returned to the Planning Commission :lion. made that Planning Commission recommend ;y Council the approval of Final Map 9740, subject to the following condi- ill applicable conditions of approval of ;ive Map Tract No. 9626 shall be ful- i . approve a Final Map to subdivide 14.90 thirty -one numbered lots for single ;idential development, two numbered lots ;ape and open space purposes and four lots for streets. Portions of Blocks 91, 92, 97 and 98 of Irvine's Subdivision, in an area bounded by the existing "Spy- glass Hill" development, the "Bren III" development, Broadmoor Seaview, San Miguel Drive, and the San Joaquin Reservoir site. This is a portion of Tentative Tract No. 8725 Section IV of Harbor View Hills, known a.s "Harbor Ridge." P -C The Irvine Company, Newport Beach Same as Applicant Simpson- Steppat, Newport Beach .ommission continued this matter to the F April 21, 1977. Page 2. Item #2 FINAL MAP TRACT 9589 CONTOO APR. 21 n �J L''OMTAISSIONERS p 90� y� 0 ' 0.11 1G wF� CI } ay Of Newport. Beach MINUTES ADri 1 7, 1977 POLL CALL Request to accept an offsite parking agreement for a portion of the required parking spaces in conjunction with the construction of Newport Center Medical Building No. 3 in Newport Center Location:. Parcel 1 of Parcel Map 91 -19 (Resubdivision No. 524) located a, 1481 Avocado Avenue, on the south westerly corner of Avocado Avenue and San Nicholas Drive in Newport Center. Zone: C -O -H Applicant: Causey & Rhodes, Builders and Developers, Newport Beach Owner: Same as Applicant (i.e. 55 year • lease from The Irvine Company) Discussion was opened irr connection with this matter and Mr. Frank Rhodes, 1401 Avocado Avenu appeared before the Commission to concur with t staff report and answer questions relative to t proposed development and parking. Motion X Following discussion, motion was made that Plan All Ayes ning Commission make the following findings: 1. The offsite parking area adjoins the subjec property, and therefore, is so located to b useful to the proposed office use. 2. The offsite parking spaces will not create undue traffic hazards in the surrounding ar 3. The applicant is a long term lessee of the proposed office site and the adjoining off - site parking area. 4. The City Traffic Engineer has approved the proposed offsite parking arrangement. and approve the offsite parking agreement, sub- . ject to the following condition: 1. That an offsite parking agreement shall be approved by the City Council, guaranteeing Page 3. e, he he ea IIYOmx tem #3 PPROVED COMMISSIONERS s9s� ;��m City of Newport Beach $y April 7, 1977 ROLL CALL Motion All Ayes MINUTES • ONOEX minimum of 15 parking spaces, portions Iht other parking spaces and related thereto, shall be provided on Parcel 1 •cel Map 37 -23 (Resubdivision No. 297) ie duration of the proposed office use a adjoining property. I establish one building site and elimi- iterior lot line where two lots now exis )ermit the remodeling of the existing I building on the property. . Lots 12 and 13, Block 331, Lancast- er's Addition, located at 425 _ 30tl Street, on the northerly side of 30th Street, between Newport Boule- vard and Villa Way in Cannery Villao, M -1 Richard Lawrence, Newport Beach Same as Applicant Valley Consultants, Inc., Huntington Beach firing was opened in connection with this J there being no one desiring to appear 3rd, the public hearing was closed. discussion, motion was made that Plan - ission make the following findings: the proposed map is consistent with cable general and specific plans. the design or improvement of the pro - subdivision is consistent with applic- general and specific plans. the site is physically suitable for the of development proposed. the site is physically suitable for the sed density of development. Page 4. Item #4 RESUB- •D V ON NO. 543 APPROVED C NDI- N ELY e. • E that i of ei acces! of Pa for tl on th Request ti nate an i so as to commercia Location: Zone; Applicant Owner: Engineer: Public he matter an and be he X Following ning Comm 1. That appli 2. That posed able 3. That type 4. That propo MINUTES • ONOEX minimum of 15 parking spaces, portions Iht other parking spaces and related thereto, shall be provided on Parcel 1 •cel Map 37 -23 (Resubdivision No. 297) ie duration of the proposed office use a adjoining property. I establish one building site and elimi- iterior lot line where two lots now exis )ermit the remodeling of the existing I building on the property. . Lots 12 and 13, Block 331, Lancast- er's Addition, located at 425 _ 30tl Street, on the northerly side of 30th Street, between Newport Boule- vard and Villa Way in Cannery Villao, M -1 Richard Lawrence, Newport Beach Same as Applicant Valley Consultants, Inc., Huntington Beach firing was opened in connection with this J there being no one desiring to appear 3rd, the public hearing was closed. discussion, motion was made that Plan - ission make the following findings: the proposed map is consistent with cable general and specific plans. the design or improvement of the pro - subdivision is consistent with applic- general and specific plans. the site is physically suitable for the of development proposed. the site is physically suitable for the sed density of development. Page 4. Item #4 RESUB- •D V ON NO. 543 APPROVED C NDI- N ELY e. • E COMMISSIONERS 9cm y� �0 0sAF1i� SG0 City of Newport Beach MINUTES �$y ADri 1 7. 1977 POLL CALL 5. That the design of the subdivision or the proposed improvements will not cause sub - stantial environmental damage or substantial and avoidably injure fish or wildlife or the habitat. 6. That the design of the subdivision or the p posed improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict Witt any easements, acquired by the public at large, for access through or use of, propert within the proposed subdivision. 8. That the discharge of waste from the propos subdivision will not result in or add to any violation of existing requirements prescrib by a California Regional Water Quality Cont • Board pursuant to Division 7 (commencing wi Section 1300) of the Water Code. 9. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivision No. 543, subject to th following conditions: 1. That a parcel map be filed. 2. That the driveway approach on 30th Street b closed up. 3. That broken sidewalk on 30th Street be replaced. 4. That the work be done under.an encroachment permit obtained from the Public Works Depar ment. Page 5. ly it y ed ed ro 1 th e t- INDEX COMMISSIONERS �0 �� 17 1` @0 �F1 POLL CALL Motion City of Newport April 7, 1977 Beach create one parcel of land where por- wo lots now exist so as to permit the of an existing triplex into a three ential condominium complex. MINUTES Portions of Lots 489 and 490, Tract No. 907, located at 436 Via Lido Nord, on the northeasterly side of Via Lido Nord and its intersection with Via Jucar on Lido Isle. R -3 Miles R. J. and Ladene Hudson, Lafayette, Calif. Same as Applicants Paul Cuomo, Newport Beach ring was opened in connection with this there being no one desiring to appear rd, the public hearing was closed. made that this public hearing be re- continued to the meeting of April 21, use of unanswered questions which the had for the applicant. ommission discussed the need for the e as well as the conversion of apart - ings into condominiums and voiced th the lack of regulations which would conditioning of older structures. ommission also discussed whether or possible under existing laws or genera c plans to either require upgrading of or deny the request. The discussion inted out the need for specific guide - ugh the establishment of a condominium ordinance. continuance, it was requested that a made containing a clear understanding co be done in the absence of a con - onversion ordinance and that further n as to the structural situation of ng building be made available. Page 6. • INCZX Item #5 RESUB- DIV HTO N CONT.TO APR—.2 1 • Request to tions of t conversion unit resid Location: Zone: Applicants Owners: Engineer: Public hea matter and and be hea X Mot.ion was opened and 1977, beta Commission Planning C continuant ment build concern wi require re Planning C not it was or specifi structures further po lines thro conversion As to the report be of what c dominium c informati o the existi Beach create one parcel of land where por- wo lots now exist so as to permit the of an existing triplex into a three ential condominium complex. MINUTES Portions of Lots 489 and 490, Tract No. 907, located at 436 Via Lido Nord, on the northeasterly side of Via Lido Nord and its intersection with Via Jucar on Lido Isle. R -3 Miles R. J. and Ladene Hudson, Lafayette, Calif. Same as Applicants Paul Cuomo, Newport Beach ring was opened in connection with this there being no one desiring to appear rd, the public hearing was closed. made that this public hearing be re- continued to the meeting of April 21, use of unanswered questions which the had for the applicant. ommission discussed the need for the e as well as the conversion of apart - ings into condominiums and voiced th the lack of regulations which would conditioning of older structures. ommission also discussed whether or possible under existing laws or genera c plans to either require upgrading of or deny the request. The discussion inted out the need for specific guide - ugh the establishment of a condominium ordinance. continuance, it was requested that a made containing a clear understanding co be done in the absence of a con - onversion ordinance and that further n as to the structural situation of ng building be made available. Page 6. • INCZX Item #5 RESUB- DIV HTO N CONT.TO APR—.2 1 • COMMISSIONERS City of Newport Beach �oz ADril 7, 1977 POLL CALL All Ayes 0 r1 U MINUTES discussion, the motion for a continuance on and carried. nd #7 were heard concurrently because elationship. amend the Planned Community Text for ace with regard to the parking require- he Sheraton Hotel. The Planned Community of Newport Place, bounded by Birch Street, MacArthur Boulevard, Jamboree Road, and Bristol Street (North). P -C Emkay Development and Realty Co., Newport Beach 1 amend Use Permit No. 1547 in order to :he proposed addition to the Sheraton to reconsider the parking requirements. Parcel Nos. land 2 of Parcel Map 40 -11 (Resubdivision No. 313) located at 4545 MacArthur Boulevard2 at the southwesterly corner of Mac Arthur Boulevard and Birch Street in Newport Place. P -C Roman Kallmes, A.I.A., Newport Beact Cabot, Cabot & Forbes Land Trust, Boston, Mass. wrings were opened in connection with ters. Page 7. INDEX Item #6 AMENDMENT NO.. 490 CONT. TO MAY 5 Item #7 USE PERMIT 1547 MENDED CONT. TO MAY 5 Following was voted Items #6 z of their r Request tc Newport P1 ment for 1 Location: Zone: Applicant Request ti redesign Hotel and Location: Zone: Applicant Owner: . Public he these mat MINUTES discussion, the motion for a continuance on and carried. nd #7 were heard concurrently because elationship. amend the Planned Community Text for ace with regard to the parking require- he Sheraton Hotel. The Planned Community of Newport Place, bounded by Birch Street, MacArthur Boulevard, Jamboree Road, and Bristol Street (North). P -C Emkay Development and Realty Co., Newport Beach 1 amend Use Permit No. 1547 in order to :he proposed addition to the Sheraton to reconsider the parking requirements. Parcel Nos. land 2 of Parcel Map 40 -11 (Resubdivision No. 313) located at 4545 MacArthur Boulevard2 at the southwesterly corner of Mac Arthur Boulevard and Birch Street in Newport Place. P -C Roman Kallmes, A.I.A., Newport Beact Cabot, Cabot & Forbes Land Trust, Boston, Mass. wrings were opened in connection with ters. Page 7. INDEX Item #6 AMENDMENT NO.. 490 CONT. TO MAY 5 Item #7 USE PERMIT 1547 MENDED CONT. TO MAY 5 COMMISSIONERS City of Newport Beach April 7, 1977 ROLL CALL Roman Kallmes, 1201 Dove Street, appeared before the Commission and presented a rendering of the existing and proposed addition to the Sheraton Hotel. Hank Mohle, parking consultant, appeared before the Commission to comment on the parking study and answered questions of the Commission relati% to valet and tandem parking. He also answered questions with respect to access and felt that i was adequate. Roman Kallmes answered questions in connection with the valet and tandem parking and advised that it would be used only in connection with scheduled events since it was felt unnecessary during the remaining part of the year. Planning Commission discussed night lighting of the parking lot for reasons of safety. There being no others desiring to appear and be heard, the public hearings were closed. Commissioner Agee felt that the proposed tandem parking would not be a workable solution in thi! case and that any new construction or expansion should provide adequate parking without having rely on valet service or tandem parking: Planning Commission discussed tandem parking, compact spaces, and use of valet service follow, Motion X which motion was made to deny Amendment No. 490 Commissioner Frederickson commented in oppositii to the motion as he felt the proposed expansion would fulfill a need for additional rooms withii the City and suggested that these matters not b approved at this time but that the applicant be requested to redesign the project with repsect to the parking. Motion X Therefore, a substitute motion was made that th All Ayes public hearings in connection with Amendment No 490 and Use Permit No. 1547 (Amended) be re -opei and continued to the meeting of May 5, 1977. Page 8. I . MINUTES \ INOE.X e t 0 ;o in )n I. ie • bOMMISSIONERS city • s ��y ! April ROLL CALL Motion All Ayes • n LJ of Newport Beach 7, 1977 MINUTES )nsider an amendment to Chapter 20.52 rt Beach Municipal Code as it pertains )pen Space District. : The City of Newport Beach ad questions of the Commission in ith this proposed amendment and the addition of "cemeteries" as a under Section 20.52.040, Paragraph ng was opened in connection with this here being no one desiring to appear , the public hearing was closed. ade that Planning Commission recommend Council the approval of Amendment No. addition of "cemeteries" as a permit - r Section 20.52.040 (a). ermit the construction of a 7 foot 6 nce at the side property line (where its fences in.side yards to a 6 foot Lot 47, Tract No. 4224, located at 1626 Galaxy Drive, on the easterly side of Galaxy Drive, northerly of Mariners Drive in Dover Shores. R -1 -B Juergen Krogmann, Newport Beach Same as Applicant Same as Applicant ng was opened in connection with this nn, 1626 Galaxy Drive, appeared before on and advised it was necessary to Page 9. INOUX Item #8 AMENDMENT N0. 494 APPROVED Item #9 MODIFI- CATION 0� 43 PPEAL ,GRANTED Request to c of the Newpo to the "OS" Initiated by Staff answer connection w recommended permitted us (a). Public heari matter and t and be heard X Motion was m to the City 494 with the ted use unde Request to p inch high fe the Code lirr high maximun Location: Zone: Applicant: Owner: Appellant: Public heari matter. Jerry Krogm� the Commiss' MINUTES )nsider an amendment to Chapter 20.52 rt Beach Municipal Code as it pertains )pen Space District. : The City of Newport Beach ad questions of the Commission in ith this proposed amendment and the addition of "cemeteries" as a under Section 20.52.040, Paragraph ng was opened in connection with this here being no one desiring to appear , the public hearing was closed. ade that Planning Commission recommend Council the approval of Amendment No. addition of "cemeteries" as a permit - r Section 20.52.040 (a). ermit the construction of a 7 foot 6 nce at the side property line (where its fences in.side yards to a 6 foot Lot 47, Tract No. 4224, located at 1626 Galaxy Drive, on the easterly side of Galaxy Drive, northerly of Mariners Drive in Dover Shores. R -1 -B Juergen Krogmann, Newport Beach Same as Applicant Same as Applicant ng was opened in connection with this nn, 1626 Galaxy Drive, appeared before on and advised it was necessary to Page 9. INOUX Item #8 AMENDMENT N0. 494 APPROVED Item #9 MODIFI- CATION 0� 43 PPEAL ,GRANTED COMMISSIONERS 3 �2 City of Newport Beach April 7, 1977 POLL CALL construct a fence of this height in order to obtain privacy and also to act as a sound barrie for noise coming from their property. John W. Geiger, 1620 Galaxy Drive, the adjoining property owner, appeared before the Commission in opposition to the fence because the.height wa in violation of the community association's C.C. R.s and because of the materials used in the construction of the fence. He further commentec that he would have no.objection to the height of the fence if the sideyard setback was observed since view was not a consideration. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed screen planting, fencing for privacy, and the possible need to re- examine the allowable fence height in order to provide the privacy desired. Motion X Following discussion, motion was made that the Planning Commission make the following findings: 1. That the granting of relief in this case an( allowing the modification would not, under the circumstances of the particular case, b( detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injui ious to property and improvements in the neighborhood or the general welfare of the City. 2. That the proposed modification is consisten" with the legislative intent of Title 20 of the Municipal Code. and overrule the action of the Modifications Committee and grant the appeal with the under- standing that Fire or Building regulations were not being violated. Commissioner Heather advised she could not suppi the motion as she did not feel there was any lei justification to exceed the 6 foot height limit Ayes X X X X The motion was then voted on and carried. Noes X X X Page 10. MINUTES • INDEX s )r ga • COMMISSIONERS ti� s� �� City of Newport Beach • �s°i April 7, 1977 ROLL CALL Request to establish a restaurant facility with on -sale beer and wine in Fashion Island. Location: A portion of Parcel No. 2, Parcel Map 75 -48 (Resubdivision No. 499) located at 123 Fashion Island in t new mall shops (under construction of Fashion Island. Zone: C -O -H Applicant: Doremus, Sadlier & Doremus, Inc., Newport.Beach Owner: The Irvine Company, Newport Beach Public hearing was opened in connection with thi matter. • Kevin Doremus, Newport Beach, appeared before tt Commission and concurred with the staff report e recommendations. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make ti All Ayes following findings: 1. That the proposed use is consistent with thi 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 thi do not contemplate any problems. 4. Adequate offstreet parking spaces are being provided in the Fashion Island common parkii lot for the proposed restaurant facility. 5. The approval of Use Permit No. 1825 will no . under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of pers, residing and working in the neighborhood or .Page 11. MINUTES INOE.X Item #10 USE PERMIT 1825 APPROVED he CONDI- ) TIONALLY e n, ie !y I g 3n COMMISSIONERS City April of Newport Beach 7, 1977 ROLL CALL 0 Item #11 AMENDMENT NO.492 CONT.TO APR. 21 its :h .t be detrimental or injurious to property or improvements in the neighborhood or the general.welfare of the City. and approve Use Permit No. 1825, subject to the following conditions: 1. That development shall be in substantial conformance with the approved floor plan. 2. That a minimum of one parking space for each 40 square feet of "net public area" in the restaurant facility shall be maintained in the common parking lot. 3. That all mechanical equipment, storage, and trash areas shall be screened from adjoininc commercial uses. Items #11 and #12 were heard concurrently becaus of their relationship. Request to amend a portion of Districting Map Nc 26 from the Unclassified District to the R -2 District, and the acceptance of an environmenta' document. Location: A portion of Lot 47, Newport Heigi located at 2507 -2525 16th Street, on the southeasterly corner of 167 Street and Tustin Avenue in Newpoi Heights. Zone: Unclassified Applicants: Taylor B. Grant and E. G. Warming - Irvine Owners: Mr. and Mrs. C. Phoenix, Newport Beach Page 12. MINUTES • INOEx e 0 Item #11 AMENDMENT NO.492 CONT.TO APR. 21 its :h .t toy I. n U COMMISSIONERS city April BOLL CALL 0 Motion All Ayes • of Newport Beach 7 1 MINUTES permit the subdivision of 0.926 acres lots for two - family residential t and one lot to be utilized as a ress and egress for two of the proposed 1 lots. A portion of Lot 47, Newport Heights, located at 2507 -2525 16th Street, on the southeasterly corner of 16th Street and Tustin Avenue in Newport Heights. Unclassified Taylor B. Grant and E. G. Warmington Irvine Mr. and Mrs. C. Phoenix, Newport Beach Southwest Engineering, Irvine ommission advised of their intent to hese items because of their desire for from the City of Costa Mesa. 11youx Item #12 TENTATIVE MAP TRACT 9810 CONT.TO AP 21 nt, 18092 Skypark South, Irvine, appeare� Commissi.on to comment on the continuanc . made to continue these matters to the April 21, 1977. ommission requested they be provided plans and elevations of the proposed nits showing the location of the open space, parking, access, etc. Page 13. Request to into seven developmen common ing residentia Location: Zone: Applicants Owners: Engineer: Planning C continue t more input Taylor Gra before the X Motion was meeting of Planning C with plot dwelling u buildings, MINUTES permit the subdivision of 0.926 acres lots for two - family residential t and one lot to be utilized as a ress and egress for two of the proposed 1 lots. A portion of Lot 47, Newport Heights, located at 2507 -2525 16th Street, on the southeasterly corner of 16th Street and Tustin Avenue in Newport Heights. Unclassified Taylor B. Grant and E. G. Warmington Irvine Mr. and Mrs. C. Phoenix, Newport Beach Southwest Engineering, Irvine ommission advised of their intent to hese items because of their desire for from the City of Costa Mesa. 11youx Item #12 TENTATIVE MAP TRACT 9810 CONT.TO AP 21 nt, 18092 Skypark South, Irvine, appeare� Commissi.on to comment on the continuanc . made to continue these matters to the April 21, 1977. ommission requested they be provided plans and elevations of the proposed nits showing the location of the open space, parking, access, etc. Page 13. COMMISSIONERS �2 City of Newport Beach Anril 7. 1977 POLL GALL Request to consider revocation of Use Permit No. 1476 and Use Permit No. 1674 which permit the operation of a restaurant with alcoholic beverag service and live entertainment at 100 Main Stree Balboa, (Studio Cafe), to determine whether or not said use permits currently held by Houik Abramian should be revoked for failure to comply with Section 12.44.125 of the Newport Beach Municipal Code, Commercial In Lieu Parking Fees, and Titl.e 20 of the Newport Beach Municipal Code Planning and Zoning. Initiated by: The City of Newport Beach Brion Jeanette, Architect, 504 North Newport Boulevard, appeared before the Commission.on behalf of Houik Abramian, owner of the Studio Cafe. He advised that Mr. Abramian.was being requested to pay for parking spaces over which he had no control or assurance that.the spaces would be available for his use; that the restau- rant was a night time use in a location where ample parking existed and was not a problem during the hours when the restaurant was in operation; and requested that the fees be reduc( to a reasonable amount which would be more economical and in line with other businesses in the area. He felt it was inequitable to requirf payment of $150.00 per space for 27 spaces when other businesses in the area paid only $30.00 per space or were not providing any parking either on -site or through the "in lieu fee" arrangement. Commissioner Agee pointed out that an agreement did exist and that the applicant has not request an amendment to the use permits which would reduce either the parking or "in lieu fees." Commissioner Frederickson commented on the deficiencies which he felt existed in the "in lieu fee" arrangement. However, an agreement relative to parking does exist and rather than taking the matter into his own hands, the appli• cant should have either paid the fee under protest or appealed the principle to the City which would have pointed out the problems which exist. Page 14. MINUTES • INOl.X Item 113 le !t, !1 :e USE PERMITS 1476 TN0 1674 RECOMMEND REVOCA- TION 11 • COMMISSIONERS 9�A v� �Q0��F 1�yL�w0. City of Newport Beach MINUTES 10 s << • April 7, 1977 ROLL CALL Rolly Polaski, 105 Main Street, Balboa, appearec before the Commission to comment on the problems of "in lieu fee" parking, particularly as they apply to the older sections of the City. He als commented on the economics of requiring the fees and their effect on redevelopment and felt they were unfair, inequitable, and.questioned the distribution and accomplishment of the fees collected: Planning Commission discussed "in lieu fees," at the possible need for a study to determine the effect on businesses and redevelopment in older sections of the City. Rolly Polaski appeared before the Commission an( suggested that Mr. Abramian be allowed to post i bond until a study could be made relative to th( concept of "in lieu fees" and offered his servic to the City as a citizen from an area effected • by the fees. Houik Abramian, owner of the Studio Cafe, appeal before the Commission and commented on his con- fusion relative to the matter of "in lieu fees" and felt that the only thing he was getting fror paying them each year was the opportunity to sti in business. He felt a study should be made an the fees reduced to something more feasible. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Frederickson did not feel the Comm sion had the right or ability to excuse the fee: established for this business and felt that the applicant should pay the fees at the present tii but pay them under protest with the request tha, a study be made of the "in lieu fee" system whit would bring any problems to light. Motion X Therefore,.motion was made that Planning Commis sion make the following finding: 1. That the operation of the Studio Cafe witho • on -site or off -site parking, and without th "in -lieu fees," would be detri- payment of mental to the health, safety, peace, comfor and general welfare of persons residing or working in the neighborhood, and would be Page 15. 0 :es •e sy i ne j iNOfsX COMMISSIONERS City of Newport Beach v $y April 7, 1977 ROLL CALL detrimental to property and improvements in the neighborhood and the general welfare of the City. and recommend to the City Council.that Use Permi No. 1476 and No. 1674 be revoked. In discussing the motion, Commissioner Hummel requested that the motion be amended to allow V applicant 60 days within which to pay the indebi edness prior to carrying out the action of the City Council. Commissioner Balalis requested that the motion also include a recommendation that the City Cour instruct the Planning Commission to stuby the lieu fees" in this area. Commissioner Frederickson accepted both of these requests as part of the original motion. All Ayes Following discussion, the motion as amended was voted on and carried. Request to consider an amendment to Title 15 an( Title 20 of the Newport Beach Municipal Code as they pertain to the recodification of existing sign regulations. Initiated by: The City of Newport Beach Motion X Planning Commission continued this matter to thi All Ayes meeting of May 5, 1977. Referral back from City Council for Planning Commission comment on intensity incentives for marine uses. Motion X Following review and discussion, motion was mad All Ayes that Planning Commission concur with the propose change suggested by the City Council and recom- mended its adoption with the wording suggested in the staff report. Page 16. r .. MINUTES • eNOQX is e ci n >d LJ Item #14' AMENDMENT N0.493 CONT. TO MMAY7T— 14 MENDMEN CCIMUISSIONERS }. City of Newport Beach MINUTES April 7, 1977 MOLL CALL Motion X There being no further business, motion was made All Ayes to adjourn. Time: 9:50 P.M. BILL AGES, Sec tary Planning Commis ion City of Newport Beach • Page 17. INOIRX