HomeMy WebLinkAbout04/09/1992COMMISSIONERS
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REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M.
DATE: April 9, 1992
CITY OF NEWPORT BEACH
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Present
Absent
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Commissioner Gross was absent. Commissioner Edwards arrived
at 7:34 p.m.
EX- OFFICIO OFFICERS PRESENT:
James Hewicker, Planning Director
Robin Flory, Assistant City Attorney
William R. Laycock, Current Planning Manager
Patty Temple, Advance Planning Manager
John Douglas, Principal Planner
Don Webb, City Engineer
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Dee Edwards, Secretary
Minutes of March 19, 1992:
Minutes
of 3/19/92
No action was taken. The March 19, 1992, Planning Commission
minutes will be forwarded for approval at the April 23, 1992,
Tanning Commission meeting.
blic Comments:
Public
Comments
0 one appeared before the Planning Commission to speak on
on- agenda items.
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Posting of the Agenda:
Posting
of the
James Hewicker, Planning Director, stated that the Planning
Agenda
Commission Agenda was posted on Friday, April 3, 1992, in front
of City Hall.
Resubdivision No. 977 (,Public Hearin¢)
item No.l
Request to resubdivide two lots and a portion of a third lot into
R977
two parcels of land, each for two unit residential condominium
Approved
purposes, on property located in the MFR (7 du) District.
LOCATION: A portion of Lot 3 and Lots 4 and 5, Tract
No. 815, located at 613 -619 Lido Park Drive,
on the northeasterly side of Lido Park Drive,
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between 28th Street and Lafayette Avenue, on
the Lido Peninsula.
ZONE: MFR (7 du)
APPLICANT: 701 Lido Park LTD., Newport Beach
OWNER: Same as applicant
ENGINEER: Duca- McCoy, Inc., Corona del Mar
The public hearing was opened in connection with this item, and
Russ Fluter, applicant, appeared before the Planning
Commission, and he concurred with the findings and conditions in
Exhibit 'W.
Victor Yack, 611 Lido Park Drive, appeared before the
Tanning Commission. Mr. Yack requested a description of the
ubject development, including the height of the proposed
tructures. James Hewicker, Planning Director, explained that the
roposed residential condominium development would be built
ccording to the Zoning requirements of the MFR District, and the
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ubject application does not require the applicant to provide
chitectural plans. It was noted by Mr. Hewicker that the
roposed residential development is located in the 28/32 Foot
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Height Limitation District, and so a structure with a flat roof could
not exceed a height of 28 feet above grade, and that the top of a
pitched roof could not exceed a height of 33 feet above grade.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion
Motion was made and voted on to approve Resubdivision No. 977
Ayes
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subject to the findings and conditions in Exhibit "A ". MOTION
Absent
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.
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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.
NDMONS:
That a parcel map be recorded prior to issuance of building
permits unless otherwise approved by the Public Works and
Planning Departments. That the Parcel Map shall be
prepared on the California coordinate system (NAD 83) and
that the final map shall be submitted to the County in a
digital format acceptable to the County. Monuments (one
inch iron pipe with tag) shall be set on each lot comer
unless otherwise approved by the Subdivision Engineer.
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Monuments shall be protected in place if installed prior to
completion of the construction project.
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2. That all improvements be constructed as required by
Ordinance and the Public Works Department.
3. That arrangements be make with the Public Works
Department 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.
4. 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.
5. That the on -site parking be subject to further review by the
City Traffic Engineer.
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6. That the intersection of the driveways and Lido Park Drive
be designed to provide sight distance for a speed of 25 miles
per hour. Slopes, landscape, walls and other obstructions
shall be considered in the sight distance requirements.
Landscaping within the sight line shall not exceed twenty -
four inches in height. The sight distance requirement may
be modified at non - critical locations, subject to the approval
of the City Traffic Engineer.
7. That the unused drive aprons be removed and replaced with
curb, gutter and sidewalk along the Lido Park Drive
frontage and that the parking meters be relocated to the
satisfaction of the City Traffic Engineer. All work shall be
completed under an encroachment permit issued by the
Public Works Department.
8. That a master plan of water, sewer and storm drain facilities
for the on -site improvements be submitted to the Public
Works Department for approval prior to recording of the
parcel map. Any modifications or extensions to the existing
storm drain, water and sewer systems shown to be required
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shall be the responsibility of the developer.
That a condition survey of the existing bulkhead along the
bay side of the property be made by a civil or structural
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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 Marine
Department. The top of the bulkhead shall be a minimum
elevation of 9.00 above M.LL.W. (6.27 MSL).
10. That County Sanitation District fees be paid prior to
issuance of any building permits.
11. That 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.
12. That the existing curb inlet be relocated to a location
acceptable to the Public Works Department of it interferes
with the proposed drive location.
13. That Coastal Commission approval shall be obtained prior
to the recordation of the parcel map.
14. That a park dedication fee for four dwelling units shall be
paid in accordance with Chapter 19.50 of the Municipal
Code.
15. That a twenty -one year irrevocable offer of dedication to the
City be provided for a 6 foot wide lateral public access
easement adjacent to the bay. The City will only accept the
offer of dedication in the event that a public access
connection has been made to one of the adjacent parcels.
16. 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.
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Resubdivision No. 978 (Public Hearing)
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Item No.2
Request to resubdivide three existing lots into two parcels of land
R978
on property located in the M -1 -A District.
Approved
LOCATION: Lot 39, Tract No. 3201 and Lots 1 and 2,
Tract No. 5169, located at 4201 and 4229
Birch Street, on the northwesterly comer of
Birch Street and Dove Street, across from the
Newport Place Planned Community.
ZONE: M -1 -A
APPLICANT: Penco Engineering, Inc., Irvine
OWNER: Irvine Industrial Company, Irvine
ENGINEER: Same as applicant
Don Webb, City Engineer, addressed Condition No. 3 in Exhibit
"A" wherein he stated that at the request of the property owner, the
Public Works Department would consider allowing the applicant to
ost an appropriate security and complete the improvements within
one year, and the wording in Condition No. 3 will not have to be
revised.
Tlie public hearing was opened in connection with this item, and
Mr. Mike Padian, representing The Irvine Company, appeared
efore the Planning Commission. He concurred with the findings
d conditions in Exhibit "A ". He explained that the subject
esubdivision would adjust lot lines so as to make the parcel lines
tch the existing leases.
ere being no others desiring to appear and be heard, the public
earing was closed at this time.
Motion
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otion was made and voted on to approve Resubdivision No. 978
Ayes
ubject to the findings and conditions in Exhibit "A ". MOTION
cent
CARRIED.
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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.
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 19.08.120 of the Municipal Code and Section
66415 of the Subdivision Map Act.
5. That flared drive aprons on Birch Street will improve
ingress and egress to the properties.
6. That the reciprocal easement for ingress, egress and parking
for the mutual benefit of Parcel No. 1 and Parcel No. 2 is
necessary for adequate ingress, egress and parking by
employees and patrons to the subject property.
NDMON
1. That a parcel map be recorded. That the Parcel Map shall
be prepared on the California coordinate system (NAD 83)
and that the final map shall be submitted to the County in
a digital format acceptable to the County. 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 construction project.
2. That all improvements be constructed as required by
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Ordinance and the Public Works Department.
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3. That the public improvements be completed prior to
recordation of the parcel map unless otherwise approved by
the Public Works Department.
4. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further review
by the City Traffic Engineer.
5. That all parking spaces shall be striped with approved traffic
markers or painted white lines not less than 4 inches wide.
6. 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.
7. That a recorded reciprocal easement be provided for
ingress, egress and parking for the mutual benefit of Parcels
No. 1 and No. 2 within this subdivision prior to recordation
of the parcel map.
8. That the displaced and tree damaged sections of sidewalk
be reconstructed along the Dove Street and Birch Street
frontages; that the existing drive approaches along the Birch
Street and Dove Street frontages be reconstructed using the
City's flared drive approach Standard No. 166-L unless
otherwise approved by the Public Works Department and
realign the middle drive approach on Birch Street (northerly
drive apron on Parcel No. 1) to match the existing driveway;
and that the trees be root pruned to the satisfaction of the
Parks, Beaches and Recreation Department. That all work
be completed under an encroachment permit issued by the
Public Works Department.
9. 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.
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General Plan Amendment No. 91 -1(B) (Public Hearing)
Item No.3
Request to consider the adoption of a Growth Management
GPA 91 -1B
Element to the Newport Beach General Plan in compliance with
(Res.1265)
the Revised Traffic Improvement and Growth Management
Approved
Ordinance approved by the voters in Measure M; and the
acceptance of an environmental document.
INITIATED BY: The City of Newport Beach
The public hearing was opened in connection with this item. There
being no one to appear before the Planning Commission, the public
hearing was closed at this time.
Motion
Motion was made and voted on to adopt Resolution No. 1285 and
Ayes
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recommend the adoption of General Plan Amendment No. 91 -1(B)
Absent
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to the City Council. MOTION CARRIED.
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A Permit No. 3442 (Public in
Item No.4
Request to permit a change in operational characteristics of the
UP3442
existing Barbacoa Restaurant with on -sale alcoholic beverages and
valet parking, so as to permit the addition of live entertainment
PCR #10(A)
and dancing from 9:00 p.m. to 1:00 a.m. daily.
Approved
APPLICANT: Barbacoa Restaurant, Newport Beach
AND
B Plannin2 Commission Review N (Amended) is n
Request to amend a previous Planning Commission Review which
reviewed the off - street parking proposed in conjunction with the
establishment of the Harbor Club yacht club on property located
in the "Recreational and Marine Commercial" area of the Mariner's
Mile Specific Plan. The proposed amendment involves a request
to delete the yacht club's use of the third floor Event Room which
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is to be converted back to office use, and reduce the number of
nighttime parking spaces which are available to the yacht club
facility.
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LOCATION: A portion of Lot 170, Block 2, Irvine's
Subdivision, located at 3333 West Coast
Highway, on the southerly side of West Coast
Highway, between Newport Boulevard and
Riverside Avenue, in Mariner's Mile.
ZONE: SP -5
APPLICANT: Haseko Inc., Los Angeles
OWNER: Same as applicant
James Hewicker, Planning Director, stated that Condition No. 13,
Use Permit No. 3442, Exhibit "A", requires Coastal Commission
approval prior to obtaining a Cafe Dance Permit.
The public hearing was opened in connection with this item, and
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Mr. Bill Ficker, appeared before the Planning Commission on
behalf of the applicant, and he concurred with the findings and
conditions in Exhibit "A ". Mr. Ficker expressed disappointment
that the application for a 12 foot by 16 foot dance floor would not
be addressed by the Coastal Commission until June, 1992.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion
Motion was made and voted on to approve Use Permit No. 3442
Ayes
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and Planning Commission Review No. 10 (Amended), subject to
Absent
the findings and conditions in Exhibit "A ". MOTION CARRIED.
Use Permit No. 3442
Findines
1. The proposed changes in the operational characteristics of
the restaurant is consistent with the Land Use Element of
the General Plan and the Local Coastal Program, and is
compatible with surrounding land uses.
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2. The project will not have any significant environmental
impact.
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3. That the proposed addition of dancing and related live
entertainment can be adequately served by existing on -site
parking.
4. That the approval of Use Permit No. 3442 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 proposed development shall be in substantial
conformance with the approved plot plan and floor plan.
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2. That the sound from the live entertainment shall be
confined to the interior of the structure; and further that all
windows and doors within the restaurant shall be closed
when said activity is conducted on the site.
3. The maximum permitted seating within the restaurant shall
remain at 192 seats.
4 That the hours of operation of the restaurant use shall be
limited to the hours between 11:30 a.m. and 2:00 a.m. daily.
5. That the dancing and related live entertainment shall be
limited to the hours between 9:00 p.m. and 1:00 a.m. daily.
6. That the off - street parking requirement for the restaurant
shall remain at the existing formula of one parking space for
each three seats with a maximum of 192 seats before 9.00
p.m. daily. After 9:00 p.m. daily, the parking requirement
for the restaurant shall be one parking space for each 40
square feet of "net public area," (87 spaces).
7. That the service of alcoholic beverages shall be ancillary to
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the primary food service operation of the restaurant.
8. That no outdoor loudspeakers or paging system shall be
permitted in conjunction with the proposed operation.
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9. That a Cafe Dance Permit for the proposed dancing shall be
approved by the City in accordance with Section 5.32.030 of
the Municipal Code.
10. That a washout area for refuse containers be provided in
such a way as to allow direct drainage into the sewer system
and not into the Bay or storm drains, unless otherwise
approved by the Building Department.
11. That grease interceptors shall be installed on all fixtures in
the restaurant facility where grease may be introduced into
the drainage systems in accordance with the provisions of
the Uniform Plumbing Code, unless otherwise approved by
the Building Department.
12. That all restaurant employees shall park their vehicles
on -site.
13. That the applicant shall obtain Coastal Commission
approval of this application prior to the approval of a Cafe
Dance Permit
14. That the development standards regarding building setbacks,
a portion of the parking requirement before 9:00 p.m., a
portion of the landscaping and walls surrounding the
restaurant site shall be waived.
15. That the Planning Commission may add 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.
16. 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.
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B Planning Commission Review No. 10 (Amended)
Finding:
1. That the existing and proposed yacht club operation is
consistent with the Land Use Element of the General Plan,
the Local Coastal Program Land Use Plan, the Mariner's
Mile Specific Plan, and is compatible with surrounding land
uses.
Conditions:
1. That all previous applicable conditions of approval of
Variance No. 1148 and Planning Commission Review No. 10
as approved by the Planning Commission on August 24,
1989 shall be maintained.
.
2. That the February 8, 1990 approval of Planning Commission
Review No. 10 (Amended) shall be null and void (i.e. the
elimination of the third floor event room and related
storage area from the yacht club use).
3. That this approval shall be subject to further review by the
Planning Commission prior to the reopening of the yacht
club so as to determine the adequacy of available on -site
parking. Should the Planning Commission determine that
the on -site parking is inadequate to meet the parking
demand for the various uses on the site, the operation of the
yacht club shall be correspondingly reduced.
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Use Permit No. 3443 (Public Hearing)
item No.s
Request to permit the establishment of a nail salon within the
UP3443
commercial portion of the 28th Street Marina project, located in
the "Recreational and Marine Commercial" area of the Cannery
Approved
Village /McFadden Square Specific Plan Area.
LOCATION: Lot 3, Tract No. 14025, located at 2600
Newport Boulevard, on the southeasterly
comer of Newport Boulevard (northbound)
and 28th Street, in Cannery Village.
ZONE: SP -6
APPLICANT: Lechi Bui - Perfect Nails, Corona del Mar
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OWNER: N/R Otas Marina Partners, Newport Beach
The public hearing was opened in connection with this item, and
Mr. John Newcomb, property owner, appeared before the Planning
Commission, and he concurred with the findings and conditions in
Exhibit "A". Mr. Newcomb stated that there is adequate parking
for the nail salon at the 28th Street Marina project. The mixed -use
project has different parking demands based on the time of day or
the day of the week. The establishment will also attract clients
who will walk to the nail salon.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion
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Motion was made to approve Use Permit No. 3443 subject to the
Ayes
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findings and conditions in Exhibit "A'.
Absent
Chairman Di Sano supported the motion on the basis that the
property owner is willing to agree to terminate the applicant's lease
if parking should become a problem. .
Motion was voted on, MOTION CARRIED.
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Findings:
1. That the proposed development is consistent with the Land
Use Element of the General Plan, the Land Use Plan of the
Local Coastal Plan, and the Cannery Village McFadden
Square Specific Area Plan, and is compatible with the
surrounding land uses.
2. That adequate on -site parking is provided for the proposed
nail salon, given the pool of parking available for all
proposed commercial uses on the property.
3. That the approval of Use Permit No. 3443 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
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the neighborhood or the general welfare of the City, given
that the proposed facility comprises only a small percentage
of the overall project commercial square footage
(approximately 4.0 %).
Conditions:
1. That the proposed construction shall be in substantial
conformance with the approved plot plan and floor plan.
2. That Coastal Commission approval shall be obtained prior
to the issuance of building permits for the proposed tenant
improvements.
3. That any expansion into neighboring tenant space or
increase in the number of operator stations (10 proposed)
shall be subject to approval of an amendment to this use
permit.
4. This use permit shall expire unless exercised within 24
months from the date of approval as specified in Section
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20.80.090A of the Newport Beach Municipal Code.
5. That the Planning Commission may add to or modify
conditions of approval to this use permit, or recommend to
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the City Council the revocation of this use permit upon a
determination that the operation which is the subject of this
amendment causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the
community.
Use Permit No. 2005 (Amended) (Review) /Revocation)
stem No.6
(Continued Public Hearing)
UP2005A
Request to consider recommending the revocation of a previously
approved use permit which permitted the establishment of a valet
Approved
parking service in conjunction with the existing Royal Thai Cuisine
Restaurant with on -sale alcoholic beverages; or to consider adding
or modifying Conditions of Approval to said amended use permit.
.
Said consideration is due to the applicant's failure to operate the
valet parking service in conformance with the Newport Beach
Municipal Code and in a manner acceptable to the City Traffic
Engineer.
LOCATION: Lots 74 and 75, Tract No. 1011, located at
4001 West Coast Highway, on the southerly
side of West Coast Highway between Newport
Boulevard and West Balboa Boulevard,
adjacent to Balboa Coves.
ONE: C -1 -H
APPLICANT: Royal Thai Cuisine Restaurant, Newport
Beach
OWNER: Mary Howard, Newport Beach
ommissioner Edwards and Don Webb, City Engineer, addressed
he relationship that exists between the restaurant and the valet
ervice.
Fhe public hearing was opened in connection with this item, and
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r. James (Buzz) Person, 507 - 29th Street, appeared before the
lanning Commission on behalf of the applicant. He referred to the
meetings between the staff, the applicant, and the applicant's
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representatives subsequent to the March 5, 1992, Planning
Commission meeting, and the result was a workable valet plan that
will minimize the restaurant's previous problems. Mr. Tila and the
valet service have not signed a firm agreement concerning the. cost
of the valet service inasmuch as it is uncertain how labor intensive
the valet service will be. There is an on -going verbal agreement
with Mr. Tila to provide a professional parking service to insure
that the valet plan continues to work. Mr. Person referred to the
valet service standards that were previously submitted to the
Planning Commission indicating the regulations that will require
compliance by the valets.
In response to questions posed by Commissioner Edwards, Mr.
Steve Paliska, representing the valet service, appeared before the
Planning Commission. Mr. Paliska stated that the service
agreement is a month to month agreement, with a thirty day
cancellation. Mr. Person explained that the applicant has
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committed to the valet parking service inasmuch as the service is
essential to the business. If valet parking would not be provided,
Mr. Tila has agreed to come back to the Planning Commission.
Mr. Person stated that he explained the staff report and the
conditions in the staff report to Mr. Tila and the applicant
understands the gravity of the situation and will comply with the
conditions of approval. Commissioner Edwards considered an
automatic review period of the valet service in six months.
In response to a question posed by Chairman Di Sano, Mr. Tila
concurred with the findings and conditions in Exhibit "A'.
Commissioner Glover referred to the valet service standards
wherein she indicated that one regulation states that the valet is
required to use crosswalks in returning to or from the Municipal
parking lot on Superior Avenue after parking a vehicle. The
standard indicates that the valet shall not run across West Coast
Highway, and she stated that she has a similar concern. Mr. Person
stated that the valet service standards also state that the valets shall
observe all City, County, and State Law Rules and Regulations in
performance of duties. An additional regulation could be added
that would state that the valets shall not cross against red lights.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
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In response to a question posed by Commissioner Edwards, Robin
Flory, Assistant City Attorney, referred to the staff report indicating
that staff shall continue to monitor the valet parking system and if
the applicant fails to operate the valet parking service in a manner
that would be acceptable to the City Traffic Engineer, that it shall
be reported back to the Planning Commission.
Commissioner Edwards expressed his support of the revised valet
Motion
plan. Motion was made to approve Use Permit No. 2005
(Amended) subject to the findings and conditions in Exhibit "A"
(Revised).
Commissioner Pomeroy stated that it would be difficult to manage
valets running against red lights, and he expressed his concern
regarding the circulation pattern and the difficulties that the valets
have to cope with.
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Commissioner Debay stated that the applicant has had to contend
with many problems since West Coast Highway was widened and
the street parking was eliminated.
Ayes
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Motion was voted on, MOTION CARRIED.
Absent
Fin in
1. That the operation of a valet parking service in conjunction
with the existing restaurant will not create undue traffic
hazards in the surrounding area.
2. That the restaurant site is of sufficient size so as to allow
the use of a valet parking service without impacting the safe
movement of traffic on West Coast Highway.
3. That the approval of Use Permit No. 2005 (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
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in the neighborhood or the general welfare of the City.
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Conditions:
1. That the proposed development shall be in substantial
conformance with the approved site plan /floor plan, except
as noted below.
2. That all previous applicable conditions of approval for Use
Permit No. 2005 shall be fulfilled.
3. That the valet parking service shall be limited to the
nighttime dinner and weekend operation of the restaurant.
4. That the applicant shall obtain Coastal Commission
approval of this application prior to the implementation of
the valet parking service.
5. That the operation of the valet service shall be reviewed
and approved by the City Traffic Engineer.
6. 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.
7. That this Use Permit shall expire unless exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
9. That the valet parking service shall operate in accordance
with the approved Valet Parking Management Plan and
utilize a multi-part valet ticket system.
That a permanent physical barrier shall be erected between
the passenger unloading area and the public sidewalk along
West Coast Highway. That a single traffic delineator and
appropriate signage shall also be utilized to deter vehicles
•
from driving across the public sidewalk.
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10. During the valet parking operation, the maximum number
of vehicles that may be "parked" in the on -site easterly
parking lot shall be 14 automobiles; and the maximum
number of vehicles that may be 'parked" in the on -site
westerly parking lot shall be 8 automobiles (in accordance
with the approved Parking Management Plan, Exhibit No.
3). That the term 'parked % as defined in this use permit
approval, shall not include vehicles which are awaiting
immediate pickup by customers, or are in the process of
passenger drop -off in the passenger drop -off area.
11. That the valet attendants shall not attempt to make a U-
turn on West Coast Highway from the easterly parking lot.
12. That the valet attendants shall not cross West Coast
Highway except in compliance with pedestrian signals.
Amendment No. 751 (Continued Public Hearing)
Item No.7
Request to consider an amendment to Districting Map No. 10 so
A751
as to reclassify two lots located on the northerly side of West
Res.1284
Balboa Boulevard (706 and 708 West Balboa Boulevard) from the
Approved
R -1 District to the O -S (Open Space) District; and to reclassify a
single lot located on the southerly side of West Bay Avenue (717
West Bay Avenue) from the R -2 District to the O -S (Open Space)
District.
LOCATION: Lot 11, Block 5, East Newport, located at 717
West Bay Avenue, on the southerly side of
West Bay Avenue, between 7th Street and 8th
Street; and Lots 25 and 26, Block 5, East
Newport, located at 706 and 708 West Balboa
Boulevard, on the northerly side of West
Balboa Boulevard, between 7th Street and 8th
Street, on the Balboa Peninsula.
ZONES: R -1 and R -2
APPLICANT: Newport Harbor Yacht Club, Balboa
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OWNER: Same as Applicant
Commissioner Pomeroy was absent at the March 19, 1992, Planning
Commission meeting when the public hearing was opened for the
subject application. However, he indicated that he had listened to
the tape recording of said public hearing.
James Hewicker, Planning Director, stated that since the Newport
Harbor Yacht Club was established in the 1920's, the City's zoning
and planning regulations have changed substantially. The yacht
club is a legal, non - conforming use. The proposed expansion of the
parking lot could have been considered in the existing R -1 and R -2
Districts; however, the yacht club would have been required to
apply for a use permit to expand the parking lot. The yacht club
is requesting to expand the parking facilities and the establishment
is not requesting to intensify the facility. If the expansion of the
parking lot, by removing the three residential structures, is an
intensification of use of the property, the Planning Commission
could require a use permit for the expansion of the parking lot
under the existing Zoning regulations. The yacht club is proposing
to remove the structures and to replace said dwelling units with
between 16 and 18 parking spaces; therefore, additional off- street
parking would be provided.
Mr. Hewicker stated that a yacht club is a permitted use in an
Open Space District subject to the approval of a use permit. Open
Space zoning provides for uses that existed prior to the time the
zoning was placed on the property. If it is the interpretation of the
Planning Commission that the removal of the existing structures
and additional parking is an intensification of the property, the
Commission may request a use permit. Staff has conditioned the
rezoning of the subject properties so as to provide the City with the
same types of controls as a use permit, i.e. the screening of the
lighting, landscaping, walls, dedicating the cutoff of the intersection
of the alleys, etc.
Mr. Hewicker addressed the letter from Anne Gifford, dated
March 19, 1992, and her concerns regarding valet parking. Valet
parking has never been a use that has been formally permitted by
•
the City with the exception that it would be allowed under a
Special Events Permit. Said permits are normally granted to
applicants on the basis of special events that may occur
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occasionally. If it is the intent of the yacht club to provide valet
parking continually, and it is an integral part of the parking, there
would be a change in the operational characteristics of the yacht
club. A change under the non - conforming regulations would require
the applicant to come back to the City for a use permit. The yacht
club is not requesting valet parking and the facility has never been
granted valet parking on a permanent basis.
Mr. Hewicker addressed the General Plan wherein he pointed out
that the property is located in Statistical Area D-2. The narrative
for Statistical Area D -2 specifically mentions the yacht club, the
parking lot, and its continued use. It also makes reference to R -1,
R -2, and MFR properties on the Balboa Peninsula. Policy
statements are contained in the General Plan regarding
maintaining integrity of the residential areas, and the removal of
the three structures does not constitute a massive deterioration of
the neighborhood.
•
The yacht club has a lighting fixture plan on the proposed Parking
Lot Plan, and there is a condition in Exhibit "A' that requires the
Planning Department to approve the ultimate lighting plan for the
property. The Planning Commission is not necessarily approving
the lighting fixture that is shown on the plan or the wattage of the
lamps. The staff has a desire to work with the yacht club and the
neighborhood to install the best lighting for the parking lot once
the utility poles are removed. The yacht club initiated with the
City the formation of the Undergrounding District and after the
required processing is completed, the undergrounding.will proceed
wherein he stated that it may take approximately 12 months.
Commissioner Debay and Mr. Hewicker discussed the successful
meetings that staff had with the yacht club and the adjacent
residents.
In response to a question posed by Commissioner Merrill regarding
the relocation of the bus stop, Don Webb, City Engineer, explained
that the request needs to be processed through the City Traffic
Engineer and he would contact the Transit District.
•
Commissioner Merrill addressed landscaping improvements. Mr.
Hewicker explained there is no standard for parking lot
landscaping. Mr. Hewicker explained that the proposed landscape
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improvements are planned to mitigate the effects of removing the
existing buildings and to enhance the property for the
neighborhood. Commissioner Merrill, Mr. Hewicker, and Mr.
Webb addressed the future property improvements that could be
considered if the City had an opportunity to review the operation
of the yacht club.
Commissioner Edwards asked what the affect would be to a tax
base in terms of rezoning to Open Space. Robin Flory, Assistant
City Attorney, explained that the applicants may have determined
that it would be a tax benefit to rezone to Open Space over
Residential zoning wherein Commissioner Edwards opined that
Open Space Zones have been reassessed by the County Assessor's
Office, which could have an affect on the City's tax base.
Commissioner Edwards addressed Ms. Gifford's letter dated April
7, 1992, stating that the approval of the application is not intended
as a determination of a right to approval of any future zoning change
application affecting different parcels. Mr. Hewicker stated that he
has not known of an action that the Planning Commission has
taken that binds the Commission to any future action. Ms. Flory
stated that the Planning Commission cannot bind future
Commissions to approve or disapprove a project.
response to a question posed by Commissioner Glover, Mr.
Hewicker explained that if the yacht club requested to construct a
facility on the parking lot, a use permit would be required.
The public hearing was opened in connection with this item, and
. Timothy Collins, 412 Bellevue Lane, appeared before the
Tanning Commission, and he stated that the applicant concurs with
he findings and conditions in Exhibit 'W'. He stated that
ubsequent to meetings with the neighbors, the two parties have
eached a compromise, and the residents are supportive of the
roposed parking lot, as revised. The Central Balboa Community
sociation will address the aforementioned concern regarding the
us stop. In reference to the staff report, he concurred with staffs
esponses to Ms. Anne Gifford's letter of March 19, 1992. The
acht club has no current or long term plans to expand the
•
membership or facilities beyond the proposed parking facilities.
e yacht club is not negotiating for arty acquisition of additional
roperties.
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Mr. Collins referred to Condition No. 3 in Exhibit "A" (Revised),
regarding the dedication of a 5 foot comer cutoff at the
intersection of the two alleys, and he requested assurance that the
dedication would be by easement as opposed to fee dedication.
Mr. Webb responded that the City would not normally obtain a fee
without purchasing it Mr. Collins stated that the applicant would
be agreeable to give an easement for that purpose.
In reference to Condition No. 4 in ExUbit 'A". regarding sidewalk
repair, Mr. Collins wanted to be assured that the applicant would
not be improving the entire front footage along West Balboa
Boulevard, and that it would only be the frontage contiguous to the
subject three properties. Mr. Webb concurred with the foregoing
statement.
In reference to Conditions No. 9 and 10 in Exhibit 'A". regarding
landscaping, Mr. Collins requested that the conditions be modified
•
to state approximate or average with respect to the request that the
ees be at least 16 feet in height. The purpose of the request
would be to allow the applicant to select the best trees that would
accomplish maximum screening and possibly the width, breath, and
maturity of the trees. Mr. Collins referred to a request submitted
by Mr. Lee Rogaliner that an additional 42 inch boxed tree be
lanted on the easterly boundary of the parking lot to increase the
umber of specimen trees to five wherein he indicated that the
pplicant would concur with the request. Discussion ensued
etween the staff and the Commission regarding the applicant's
request to modify Condition No. 9 from at least to approximate or
erage. It was concluded that the condition would not be modified
hereby Mr. Collins concurred with the decision.
Dean Stevning, 701 West Bay Avenue, appeared before the
Tanning Commission, and he referred to his letter of March 24,
992. He addressed the applicant's request to rezone the subject
roperty and the intent of the yacht club inasmuch as the integrity
f the neighborhood would be affected as well as the property
slues of the homes that remain on 7th Street; he requested a
Jarification of public and private parking lots; he questioned the
eed for the yacht club to provide additional parking; and he
•
xpressed concern regarding the parking lot lighting. In response
o a question posed by Commissioner Debay, Mr. Stevning stated
e was not at the meetings between the applicant and the residents.
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He stated he was not opposed to the proposed parking lot;
however, he questioned the validity of the application.
Commissioner Merrill pointed out that the applicant owns the
subject property and they have come to the City for permission to
rezone the subject property. Inasmuch as Mr. Stevning was not
present when Mr. Hewicker made his presentation at the beginning
of the subject public hearing, Mr. Hewicker restated his previous
comments. Following a discussion regarding the previous
statements, Mr. Collins reappeared before the Planning
Commission whereby he confirmed his earlier statement that the
yacht club was not currently negotiating the acquisition of
properties, and there are no current plans to expand the total
facilities, including parking.
Chairman Di Sano suggested that Mr. Stevning read the subject
staff report inasmuch as it provides a full description of public vs.
private parking.
Ms. Flory addressed Mr. Stevning's comments in his letter of March
24, 1992, wherein she stated that his statement was incorrect that
the City Attorney indicated that the designation of parking as
public or private being virtually the same. Ms. Flory explained that
it is at the Commission's discretion to determine under Section
0.52.040 of the Municipal Code, Subsection 6, that private parking
is a similar use to public parking in the Open Space District.
Mr. Lee Rogaliner, 705 West Bay Avenue, appeared before the
Planning Commission. He stated that he represented the
omeowners at the meetings with the yacht club and the staff
herein he confirmed that the residents concur with the revised
arking Lot Plan. He addressed the yacht club's acceptance to add
he fifth specimen tree, but he stated he is still not happy to see the
emolition of the houses. In response to a question posed by
ommissioner Debay, Mr. Rogaliner replied that he does not
elieve the proposed parking lot on the subject property will be
etter than the structures that currently exist.
ere being no others desiring to appear and be heard, the public
•
earing was closed at this time.
mmissioner Edwards stated that he would not support Exhibit
A", Amendment No. 751, based on Finding No. 3, That a private
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parking lot is similar in nature to a public parking lot, which is a
permitted use in the Open Space District. He determined there is a
drastic difference; there is an intensification of use; and the use is
incompatible with the adjoining uses.
In response to a question posed by Commissioner Glover, Mr.
Hewicker explained that the existing parking lot is currently in the
Open Space District. Mr. Hewicker stated that the Open Space
zoning was put on the property after the structures were
demolished and the permits had been granted.
Notion
*
Motion was made to adopt Resolution No. 1284, and approve
Amendment No. 751, subject to the findings and conditions in
Exhibit "A' (Revised), including an amendment to Condition No.
9 to add a fifth specimen tree on the easterly boundary of the
parking lot, adjacent to the alley. Commissioner Debay stated that
•
a private parking lot is much more compatible to a residential
neighborhood than a public parking lot inasmuch as the applicant
is responsible for what occurs in the parking lot, and many
disturbances occur in a public parking lot.
Commissioner Glover supported the motion based on the result of
the meetings between the City staff, the residents, and the yacht
club. The yacht club as a building is a nice building, and her
opinion was that residents moving into the neighborhood should
consider the facility as a nice neighbor.
Chairman Di Sano supported the motion on the basis that a private
parking lot is similar in nature to a public parking lot. It is not an
intensification of use. He commended the individuals that were
involved in the meetings, and who reached a decision that was
satisfactory to all of the interested parties.
Ayes
*
*
*
Motion was voted on to adopt Resolution No. 1284, MOTION
No
*
CARRIED.
Absent
FINDINGS:
1. 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.
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2. That the proposed zone change amendment, in conjunction
with the following conditions of approval, is consistent with
the land use designation in the General Plan and the Local
Coastal Program, inasmuch as the proposed expansion of
the parking lot represents a significant reduction in the
potential development of the property.
3. That a private parking lot is similar in nature to a public
parking lot, which is a permitted use in the Open Space
District.
4. That the project will not have any significant environmental
impact in accordance with California Environmental Quality
Guidelines (CEQA):
5. That the establishment, maintenance or operation of the
property which is the subject of this zone change will not,
•
under the circumstances of the particular case, be
detrimental to the health, safety, peace, morals, comfort and
general welfare of persons residing or working in the
neighborhood and the general welfare of the City; inasmuch
as the proposed development is considered a less intensive
use of the subject property.
CONDITIONS:
1. That the development shall be constructed in substantial
conformance with the approved plan and elevation, except
as noted below.
2. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further review
by the City Traffic Engineer.
3. That a 5 foot comer cutoff be dedicated to the public for
street and highway purposes at the intersection of the two
alleys, located adjacent to 706 West Balboa Boulevard
within 90 days of approval of the subject Amendment.
•
4. That the deteriorated sections of sidewalk and curb be
reconstructed along the West Balboa Boulevard frontage;
that the existing raised section of sidewalk on the West Bay
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Avenue frontage be reconstructed; and that the corner
cutoff area at the intersection of the two alleys be paved
with concrete per City standards. That all work in the
public right -of -way be completed under an encroachment
permit issued by the Public Works Department.
5. That any 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.
6. That the new landscaping at the intersection of West Balboa
Boulevard and the alley be no higher than 24 inches in
order to provide adequate sight distance in conformance
with City Standard 110 -L. Furthermore, that any
construction or landscaping located at the intersection of
any streets or alleys as defined by Section 20.02.070 of the
Newport Beach Municipal Code shall be limited to no
higher than 2 feet 6 inches in height within 15 feet of said
intersection.
7. That all parking lot lighting shall be shielded so as to
obscure the light source and shall be designed so as to
eliminate light and glare spillage onto adjoining properties.
Said lighting shall be subject to the approval of the Planning
Department.
8. That all landscape and fences shall be in accordance with
the approved Landscape Plan and shall be further approved
by the Public Works, Planning, and Parks, Beaches and
Recreation Departments prior to issuance of building
permits.
9. That at least 5 trees shall be planted along Alley No. 1
(between Points "A" and "B" as defined by the Landscape
Plan). Said trees shall be a minimum of 42 inch boxed Ficus
nidda or similar variety at least 16 feet in height, and spaced
•
12 feet on center.
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10. That the trees planted along Alley No. 2 (between Points
"B" and "C' as defined by the Landscape Plan) shall be a
minimum of 42 inch boxed Ficus nitida or similar variety at
least 16 feet in height, and spaced 17 feet on center, except
for the area at the intersection of the two alleys where two
42 inch boxed Ficus nitida shall be spaced 12 feet on center
as specified in Condition of Approval No. 9.
11. That the landscaping along the easterly property line of the
residential property located at 715 West Bay Avenue
(between Points "C' and "D" as defined on the Landscape
Plan) shall utilize creeping or clinging vines on the required
fencing, or shrubs and trees in front of the fence for
screening purposes.
12. That the required fences constructed along the alleys
•
adjacent to the subject properties shall maintain a minimum
height of 6 feet and minimum 5 foot setbacks adjacent to
said alleys. Further, that the fences located at the
intersection of West Balboa Boulevard and the alley, and at
the intersection of the two alleys, as defined by Section
20.02.070 of the Municipal Code, shall be limited to a
maximum height of 2 feet 6 inches for sight distance
purposes.
13. That a minimum 6 foot high fence shall be erected along
the easterly property line of Lot No. 11 (located between
Points "C" and "D" as defined by the Landscape Plan)
between the proposed parking lot expansion and the
adjoining residential property located at 715 West Bay
Avenue. Said wall shall be reduced to a maximum height
of 2 feet 6 inches, within the area adjacent to the 10 foot
front yard setback of West Bay Avenue. No fence shall be
permitted in the rear 5 feet of the property adjacent to the
alley.
14. That the landscaping and the fences shall be installed in
accordance with the approved plans no later than 60 days
after the commencement of demolition of the existing
•
structures on the property.
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15. The applicant shall maintain the landscaping and fences in
good condition, and shall make repairs or replacement with
comparable materials or trees when necessary.
16. That an irrigation plan shall be approved by the Parks,
Beaches and Recreation Department.
17. That root barriers shall be installed around all trees that are
planted.
DISCUSSION ITEM:
General Plan Interpretation
D_1
Request for interpretation of the provisions of the General Plan
GP -LU:
Element
Land Use Element to determine whether a subdivision, which is in
compliance with all provisions of the Subdivision Code, is allowed
where the General Plan provides that the density limitation is
staff's
staff's
based upon the original subdivisions in Corona del Mar.
l�
Interpre-
tation
James Hewicker, Planning Director, stated that when the City
amended the General Plan in 1988, Irvine Avenue was the only
area that was to be considered for future subdivisions of existing
large parcels of land, and with few exceptions, there was a
prohibition put into each Statistical Area of the General Plan
which did not allow for the future subdivision of large parcels. The
prohibition was not placed in the subject Statistical Area F -3. If the
Commission approves a further subdivision of the parcel, then the
General Plan should be amended.
Patricia Temple, Advance Planning Manager, stated that when the
General Plan Land Use Element was written, the language on the
page gave variety so as not to be repetitive to what had already
been written in the General Plan, and the intent of the two ways
to eliminate subdivisions was the same. Hindsight would be that at
the next 'housekeeping' amendment, that staff would go back to the
areas indicating dwelling unit number limit and restate the "no
subdivision language ".
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Mr. Lynn Burnett, 706 Harbor Island Drive, appeared before the
Planning Commission as a property owner of 2209 Bayside Drive.
He addressed the fact that prohibition against further subdivision
is clear in all of the residential statistical areas, with the exception
of Statistical Area F -3, paragraph 7, which is the area that covers
the subject property. It refers to future growth in the area of 172
dwelling units whereby staff explained that the projected growth
was determined by counting all of the lots in the original Corona
del Mar subdivision that was recorded in 1917. He said that with
all of the resubdivisions that have occurred since 1917, that these
172 lots exist today, and is it the intent of the plan that all future
growth in Statistical Area F -3 be concentrated in one area of
Corona del Mar, and is it unlikely that 344 property owners would
join together to demolish their existing homes and create 172
additional lots. In the absence of a specific prohibition against
further subdivisions, the current General Plan does allow for
subdivisions that are in compliance with all of the provisions of the
•
existing Subdivision Code. The proposed subdivision meets the
minimum lot requirement and the lot size would be more than
twice the minimum lot size specified and would be consistent with
the surrounding lots on Carnation Cove.
Mr. Hewicker explained that single family dwellings exist in Corona
del Mar on R -2 lots whereby said dwellings could be demolished
and two units could be legally built on the R -2 lot. He also pointed
out that if there are three subdivided R -1 lots and two homes are
constructed on the three lots, the two homes could be demolished
and three new dwelling units could be constructed on the three
original subdivided lots.
Discussion ensued between the Commission and the staff regarding
the aforementioned statements.
In reference to a question posed by Commissioner Pomeroy
regarding Statistical Division F -3 of the Land Use Element (7)
Corona del Mar South, Ms. Temple explained that 1,072 dwellings
units represents the calculation based on the combination of single
family and duplex lots. The R -2 lots were multiplied by 2, and R -1
lots were multiplied by 1, and the result was 1,072 dwelling units.
•
ere are not 1,072 dwelling units in existence inasmuch as there
are several lots that are under - utilized, and as of January 1, 1987,
900 dwelling units existed.
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Motion
*
Motion was made to adopt the opinion of staff that the intent of
the General Plan is to prohibit the further subdivision of lots in the
area which would result in additional dwelling units.
Commissioner Glover supported the motion on the basis that the
entire City is being considered, and the basic assumptions of the
General Plan.
Commissioner Pomeroy stated that what the staff has reported is
what the property owners felt was the intent in writing the
document, and it is not what the document states. Mr. Burnett is
quite correct in his assumption, and he should be allowed to
resubdivide his property until the City corrects the language in the
General Plan. The lot has been vacant for about one year, and
Commissioner Pomeroy believed that two dwelling units could be
constructed on the property because most of the adjacent lots are
•
smaller. In response to a question posed by Chairman Di Sano,
Commissioner Pomeroy replied that the Commission should
immediately take action to correct the Land Use Element so that
a similar situation does not occur again.
Commissioner Merrill supported the motion, and he supported the
staff analysis. He stated that the property owners found a loophole
that does not meet the intent of the Land Use Element of the
General Plan.
Commissioner Debay supported the motion on the basis that
property owners cannot automatically assume that R -1 lots can be
split without going through the proper procedure. The property
owners have the ability to apply for a General Plan Amendment
and at that time, the Commission has an opportunity to address
one specific lot.
Chairman Di Sano supported the motion. The property owner has
an opportunity to come back to the City. The interpretation allows
the City to implement a "housekeeping" amendment to the Land
Use Element and at the same time, allow the property owner to
request a General Plan Amendment.
os
*
*
*
*
*
Motion was voted on to adopt staff's intent of the General Plan.
No
MOTION CARRIED.
Absent
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r • s
ADDITIONAL BUSINESS:
Add ' i
Business
Motion
Motion was made and voted on to excuse Commissioner Pomeroy
Ayes
*
*
*
*
from the April 23, 1992, Planning Commission meeting. MOTION
Pomeroy
Absent
*
CARRIED
excused
t t e
ADJOURNMENT: 9:25 p.m.
Adjourn
s : s
NORMA GLOVER, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
•
•
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