Loading...
HomeMy WebLinkAbout04/18/1985Present Absent AJ& Absent Motion Ayes Absent COMMISSIONERS REGULAR PLANNING COMMISSION MEETING x � PLACE: City Council Chambers c o = TIME: 7:30 P.M. f a � Z c m' � n a DATE: APRIL 18, 1985 m a a z r a x M m o m ; i � � City of Newport Beach z a z a � m a ,LL x x x x Chairman Winburn was absent. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert H. Burnham, City Attorney * • x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Dee Edwards, Secretary - - lll I Minutes of April 4, 1985 Motion was made for approval of the April 4, 1965, x x x x Planning Commission Minutes as amended, which MOTION CARRIED. x � Request for Continuance Planning Director James Hewicker recommended that Agenda Item No. 1, Use Permit No. 1417 (Amended) be continued to May 23, 1985; Item No. 3, Amendment No. 617 be continued to May 9, 1985; Item No. 7, Use Permit No. 3122 and Resubdivision No. 797 be continued to May 9, 1985; Item No. 12, Use Permit No. 3146 and Resubdivision No. 807 be continued to May 9, 1985. xlxIx I and Item allo t t 12 May 9, 1985. MOTION tCARRIED. 1985; x MINUTES INDEX 9-10 COMMISSIONERS April 18, 19s5 MINUTES a0 C O O 2 m z z c z z 9 z A= r m City of Newport Beach c z w e 3 0 0 a ROLL CALL INDEX Use Permit No. 1417(Amended) (Continued Public Hearing) Item No.l Request to amend a previously approved use permit that UP1417A permitted on -sale alcoholic beverages and dancing entertainment in conjunction with an existing restau- Continued rant in the C -1 District. The proposed amendment is to to change the Park Bar and Grill Restaurant's hours of play 23,1985 operation so as to permit the service of lunch and dinner between the hours of 11:00 a.m. and 2:00 a.m., Monday through Saturday and 10:30 a.m. and 2:00 a.m. on Sundays. The proposed development also includes a full service, bar, an addition of an open patio for dining and drinking purposes, and the use of live'entertain- ment within the restaurant facility. The proposal also includes the request of an informal off -site parking agreement which will provide additional restaurant parking spaces. LOCATION: Lots 1, 2, and a portion of Lot 3, Block C, Tract No. 470 and an abandoned . portion of Carnation Avenue, located at 2515 East Coast Highway, on. the south- westerly corner of East Coast Highway and Carnation Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Loomis Foods, Inc., Corona del Mar OWNER: Poole Properties, Inc., Corona del Mar Motion x Ayes x x x x x x Motion was made to continue this item to May 23, 1985. Absent q.x MOTION CARRIED. * x Use Permit No. 3103 (Amended) (Continued Public Request to amend a previously approved use permit which allowed the establishment of live entertainment and a 2 :00 a.m. closing time in conjunction with the Studio Cafe 2 Restaurant in Corona del Mar. The proposed amendment includes a request to expand the "net public area" of the restaurant. A modification to the Zoning • Code is also requested to permit the use of tandem parking spaces in conjunction with a valet parking service. -2- x1X Absent April 18, 1985 Of t Beach LOCATION: Parcel No. 1 of Parcel Map 107 -40, (Resubdivision No. 552), located at 3201 East Coast Highway on the southwesterly side of East Coast Highway at the easterly terminus of Bayside Drive, in Corona del Mar. ZONE: C -1 APPLICANT: Studio Cafe, Corona del Mar OWNER: Eugene Boero, Corona del Mar The public hearing opened at this time, and Mr. Dennis O'Neil, representing the applicant, appeared before the Planning Commission. Mr. O'Neil stated that the applicant agrees with the findings and conditions of approval in Exhibit "A ". The public hearing was closed at this time. Motion was made to approve Use Permit. No. 3103 (Amended) subject to the findinqs and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the proposed expansion is consistent with the Land Use Elements of the General Plan and the Adopted Local Coastal Program, and is compatible with surrounding land use. 2. That adequate off - street parking spaces will be provided in conjunction with expansion of the restaurant. 3. The proposed use of tandem parking spaces and a valet parking service will not, under the circum- stances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detri- mental or injurious to property and improvements in the neighborhood or the general welfare of the City and that the proposed modification is consis- tent with the legislative intent of Title 20 of the Municipal Code. -3- MINUTES x x i x y T e m z c m Z m z m a a ZX Z O% 0 0 z a m 0 O 11 i T T z a z a a r m x1X Absent April 18, 1985 Of t Beach LOCATION: Parcel No. 1 of Parcel Map 107 -40, (Resubdivision No. 552), located at 3201 East Coast Highway on the southwesterly side of East Coast Highway at the easterly terminus of Bayside Drive, in Corona del Mar. ZONE: C -1 APPLICANT: Studio Cafe, Corona del Mar OWNER: Eugene Boero, Corona del Mar The public hearing opened at this time, and Mr. Dennis O'Neil, representing the applicant, appeared before the Planning Commission. Mr. O'Neil stated that the applicant agrees with the findings and conditions of approval in Exhibit "A ". The public hearing was closed at this time. Motion was made to approve Use Permit. No. 3103 (Amended) subject to the findinqs and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the proposed expansion is consistent with the Land Use Elements of the General Plan and the Adopted Local Coastal Program, and is compatible with surrounding land use. 2. That adequate off - street parking spaces will be provided in conjunction with expansion of the restaurant. 3. The proposed use of tandem parking spaces and a valet parking service will not, under the circum- stances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detri- mental or injurious to property and improvements in the neighborhood or the general welfare of the City and that the proposed modification is consis- tent with the legislative intent of Title 20 of the Municipal Code. -3- MINUTES COMMISSIONERS April 18, 1985 MINUTES �o a � z c m z T i a= m z T m City of Newport Beach C S N a C. O O a a a ROLL CALL INDEX 4. That the approval of this amendment to Use Permit No. 3103 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort- and general welfare of persons residing and working in the neighborhood or, be detrimental or injurious to property or improve- ments in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial con- formance with the approved plot plan, floor plan and elevations, except has noted below. 2. That a minimum of 30 parking spaces shall be provided on site. 3. That the proposed tandem spaces shall be striped in a manner acceptable to the City Traffic Engi- neer. Parking Spaces No. 3, 14, 15, 29, 30, and 37, as shown on the approved plot plan, shall be deleted from the parking plan, and shall not be used for the parking of automobiles. 4. That valet parking service shall be provided at all times during the restaurant's hours of opera- tion. 5. That none of the parking spaces in the adjoining Municipal parking lot shall,be blocked at any time by the restaurant operation. 6. That all conditions of Use Permit No. 3103, as approved by the Planning Commission at its meeting of August 9, 1984, shall be fulfilled. 7. That the Planning Commission may add and /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. is 8. That this amendment to Use Permit No. 3103 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. * x -4- COMMISSIONERS April 18, 1985 MINUTES c o = a m T 9 z z c T s S = D z 9= T m City of Newport Beach ROLL CALL INDEX Amendment No. 617 (Continued Public Hearing) Item No.3 Request to consider amendments to Chapter 20.72 of the Newport Beach Municipal Code to include regulations A617 pertaining to the establishment and operation of restaurants; to restrict the hours of operation of Continued restaurants located adjacent to residential districts; to to modify existing regulations pertaining to outdoor, May 9,1985 drive -in and take -out restaurants; and to amend various sections of the Municipal Code regarding the permitted locations of restaurants and outdoor, drive -in, and take -out restaurants, and the acceptance of an environ- mental document. INITIATED BY: The City of Newport Beach Motion x Motion was made to continue this item to May 9, 1985. Ayes x x x x x x MOTION CARRIED. Absent x * k Amendment No. 619 (Continued Public Hearing) Item N0.4 • Request to consider an amendment to Chapter 20.83 of the Newport Beach Municipal Code pertaining.to the use A619 of nonconforming buildings and the changing of the operational characteristics of nonconforming uses, and Approved the acceptance of an environmental document. INITIATED BY: City of Newport Beach Current Planning Administrator William Laycock recommended that a portion of Section 20.83.020, Intensification and Enlargement of Nonconforming Uses, be amended to read as follows: "A non- conforming use may be intensified by way of an increase in hours of operation or in significant change in operational characteristics, enlarged or increased, provided that the use is permitted by the regulations specified for the district in which it is located, and provided further, that in each case a Use Permit must first be obtained." Mr. Laycock stated that the purpose of the amendment to the proposed revisions is to clarify what the intensification of a non - conforming use may be. The public hearing opened at this time, and because no one wished to be.heard regarding this item, the public hearing closed. x Motion was made to approve Amendment No. 619, as A x x x x x x amended, and forward to the City Council. MOTION Absent x CARRIED. -5- 0 Motion Ayes Absent • COMMISSIONERS x April 18, 1985 Of t Beach Use Permit No. 1672 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the establishment of a United Methodist Church and related facilities including a pre- school /- day care center on property located in the R -1 -B District. The proposed amendment includes a request to construct a new meeting room to be used in conjunction with the Youth Ministry Program of the church. LOCATION: Parcel No. 2 of Parcel Map 7 -42, (Resub- division No. 225), located at 1601 Marguerite Avenue, on the northwesterly corner of Marguerite Avenue and San Joaquin Hills Road, adjacent to Harbor view Hills. ZONE: R -1 -B APPLICANT: Newport Center United Methodist Church, Corona del Mar OWNER: same as applicant The public hearing opened at this time, and Mr. Michael Milch, Director of Christian Education, representing the applicant, appeared before the Planning Commission. Mr. Milch stated that the applicant approves of the findings and conditions of approval in Exhibit "A ". The public hearing closed at this time. Motion was made to approve Use Permit No. 1672 (Amended) , subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. The project will comply with all City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located. 2. That the existing use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. That the addition of a youth meeting room will not result in an increase in the demand for off - street parking on the site, or increase traffic in the vicinity of the church. MINUTES Item No.5 UP1672 Approved Condition- ally A a C O O x - H 9 r y m z c m> m z m 9 z x r x C z m p 3 0 0 0 M m o m> z a z a a w M m x April 18, 1985 Of t Beach Use Permit No. 1672 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the establishment of a United Methodist Church and related facilities including a pre- school /- day care center on property located in the R -1 -B District. The proposed amendment includes a request to construct a new meeting room to be used in conjunction with the Youth Ministry Program of the church. LOCATION: Parcel No. 2 of Parcel Map 7 -42, (Resub- division No. 225), located at 1601 Marguerite Avenue, on the northwesterly corner of Marguerite Avenue and San Joaquin Hills Road, adjacent to Harbor view Hills. ZONE: R -1 -B APPLICANT: Newport Center United Methodist Church, Corona del Mar OWNER: same as applicant The public hearing opened at this time, and Mr. Michael Milch, Director of Christian Education, representing the applicant, appeared before the Planning Commission. Mr. Milch stated that the applicant approves of the findings and conditions of approval in Exhibit "A ". The public hearing closed at this time. Motion was made to approve Use Permit No. 1672 (Amended) , subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. The project will comply with all City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located. 2. That the existing use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. That the addition of a youth meeting room will not result in an increase in the demand for off - street parking on the site, or increase traffic in the vicinity of the church. MINUTES Item No.5 UP1672 Approved Condition- ally April 18, 1985 Of Beach MINUTES ROLL CALL I I I I Jill I INDEX 4. That an adequate number of off - street parking spaces is provided in conjunction with the church facility. 5. That the approval of this Amendment to Use Permit No. 1672 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 of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, elevations and sections. I I I I I I I I 2 That all conditions of Use Permit No. 1672, as approved by the Planning Commission at its meeting of May 17, 1973, .shall be maintained. Use Permit No. 1421 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the expansion of the Hoag Memorial Hospital. The proposed amendment includes a request to construct a single story addition to the hospital to be used for Magnetic Imaging Diagnostic equipment. The proposal also includes a request to establish a temporary facility in excess of 90 days to be located in a mobile trailer unit within an existing off - street parking area. LOCATION: Parcel No. 1 of Record of Survey 15 -30, located at 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. ZONE: A -P -H . APPLICANT: Hoag Memorial Hospital Presbyterian, Newport Beach OWNER: Same as applicant -7- Item No.6 x x c o � x z c m Z z z m 9 z r x C z 0 0 O� O o S= 0 m y z w M M z _ April 18, 1985 Of Beach MINUTES ROLL CALL I I I I Jill I INDEX 4. That an adequate number of off - street parking spaces is provided in conjunction with the church facility. 5. That the approval of this Amendment to Use Permit No. 1672 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 of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, elevations and sections. I I I I I I I I 2 That all conditions of Use Permit No. 1672, as approved by the Planning Commission at its meeting of May 17, 1973, .shall be maintained. Use Permit No. 1421 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the expansion of the Hoag Memorial Hospital. The proposed amendment includes a request to construct a single story addition to the hospital to be used for Magnetic Imaging Diagnostic equipment. The proposal also includes a request to establish a temporary facility in excess of 90 days to be located in a mobile trailer unit within an existing off - street parking area. LOCATION: Parcel No. 1 of Record of Survey 15 -30, located at 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. ZONE: A -P -H . APPLICANT: Hoag Memorial Hospital Presbyterian, Newport Beach OWNER: Same as applicant -7- Item No.6 "/NI551UNLK5 April 18, 1985 MINUTES ROLL CALL I I I I I I I I I INDEX The public hearing opened at this time,. and Mr. Tim Smith, Vice - President of Hoag Hospital, appeared before the Planning Commission. Mr. Smith stated that the applicant agrees with the findings and conditions of approval in Exhibit "A ". Planning Director Hewicker recommended that Condition No. 2, in Exhibit "A ", be revised to indicate that the applicant may apply for the necessary grading and building permits to prepare the pad for the installation of the trailer while they are also improving the west Coast Highway parking lot so that the applicant will not be detained in preparing the site for the installation of the trailer. Mr. Hewicker suggested that the word "installation" in.Condition No. 2 be replaced with the word "occupancy ". The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 1421 Ay x x x Jx x (Amended), subject to the findings and conditions in Exhibit "A ", including revised Condition No..2. MOTION CARRIED. FINDINGS: 1. That the proposed construction will comply with all applicable City and State Building Code requirements. The construction will also comply with all applicable Zoning regulations, except for requirements for off - street parking. The number of off- street parking spaces will be based on a demonstrated formula to be approved by the Planning Commission prior to the issuance of permits for construction of any new permanent facility. 2. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. That adequate off - street parking and related vehicular circulation will be provided in conjunc- tion with the proposed development. • 11111111 4. That the proposed off -site parking lot is located close enough to the hospital so as to be useful for employee and overflow parking: Q:� x x c o � i a x . ti v y m z c m o m z = w o 3 o � 0 M V _ m City of Newport Beach z MINUTES ROLL CALL I I I I I I I I I INDEX The public hearing opened at this time,. and Mr. Tim Smith, Vice - President of Hoag Hospital, appeared before the Planning Commission. Mr. Smith stated that the applicant agrees with the findings and conditions of approval in Exhibit "A ". Planning Director Hewicker recommended that Condition No. 2, in Exhibit "A ", be revised to indicate that the applicant may apply for the necessary grading and building permits to prepare the pad for the installation of the trailer while they are also improving the west Coast Highway parking lot so that the applicant will not be detained in preparing the site for the installation of the trailer. Mr. Hewicker suggested that the word "installation" in.Condition No. 2 be replaced with the word "occupancy ". The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 1421 Ay x x x Jx x (Amended), subject to the findings and conditions in Exhibit "A ", including revised Condition No..2. MOTION CARRIED. FINDINGS: 1. That the proposed construction will comply with all applicable City and State Building Code requirements. The construction will also comply with all applicable Zoning regulations, except for requirements for off - street parking. The number of off- street parking spaces will be based on a demonstrated formula to be approved by the Planning Commission prior to the issuance of permits for construction of any new permanent facility. 2. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. That adequate off - street parking and related vehicular circulation will be provided in conjunc- tion with the proposed development. • 11111111 4. That the proposed off -site parking lot is located close enough to the hospital so as to be useful for employee and overflow parking: Q:� COAAMISSIONERSI April 18, 1985 MINUTES INDEX 5. That approval of this amendment to Use Permit No. 1421 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort- and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improve- ments in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. X 2. That a minimum of 20 parking spaces shall be c o provided on the site commonly known as "Caltrans x . a T East ", which lies between the hospital site and z 2 j T West Coast Highway. Prior to the occupancy of the C= W o L C O temporary MRI facility, the parking lot shall be M = = T m City of Newport Beach a facilitate pedestrian access between the two sites. INDEX 5. That approval of this amendment to Use Permit No. 1421 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort- and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improve- ments in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 4. That adequate landscaping shall be installed to screen the temporary MRI facility from Hospital Road. The use of potted trees shall be accept- able. 5. That prior to issuance of grading or building permits for the permanent MRI facility, the Planning Commission shall review and approve a proposal to establish a parking requirement for the hospital facility, based on a demonstrated formula. The parking plan approved by the Planning Commission shall be implemented prior to the occupancy of the permanent MRI facility. S. That the temporary facility shall be removed from the site prior to occupancy of the permanent MRI facility. In the event that the permanent facili- ty is not constructed, the temporary facility shall be removed within one year of the date on . which this use permit becomes effective, unless an extension of time is approved by the Planning Commission. ME 2. That a minimum of 20 parking spaces shall be provided on the site commonly known as "Caltrans East ", which lies between the hospital site and West Coast Highway. Prior to the occupancy of the temporary MRI facility, the parking lot shall be striped and a walkway shall be improved to facilitate pedestrian access between the two sites. 3. That all parking lot striping plans shall be approved by the City's Traffic Engineer. 4. That adequate landscaping shall be installed to screen the temporary MRI facility from Hospital Road. The use of potted trees shall be accept- able. 5. That prior to issuance of grading or building permits for the permanent MRI facility, the Planning Commission shall review and approve a proposal to establish a parking requirement for the hospital facility, based on a demonstrated formula. The parking plan approved by the Planning Commission shall be implemented prior to the occupancy of the permanent MRI facility. S. That the temporary facility shall be removed from the site prior to occupancy of the permanent MRI facility. In the event that the permanent facili- ty is not constructed, the temporary facility shall be removed within one year of the date on . which this use permit becomes effective, unless an extension of time is approved by the Planning Commission. ME COM/V\ISSIONERSI April 18, 1985 MINUTES Of Beach 6. That all previous applicable conditions of ap- proval of Use Permit No. 1421(Amended) shall remain in effect. 7. That the Planning Commission may add 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. 8. That this amendment to Use Permit No. 1421 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. xR c o n s X _ C y m z c m � z m a z z r x C 2 N p; 0 O O z s i a a m Of Beach 6. That all previous applicable conditions of ap- proval of Use Permit No. 1421(Amended) shall remain in effect. 7. That the Planning Commission may add 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. 8. That this amendment to Use Permit No. 1421 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. • WEB -10- INDEX x x A. Use Permit No. 3122 (Public Hearing) Request to permit the construction of a three story commercial building and a related parking structure in the C -1 District which exceed the basic height limit in the 26/35 Foot Height Limitation District and includes an architectural feature that exceeds 35 feet in height. The proposal also includes: a request to establish a restaurant on the second and third floors with outdoor terrace dining, and lounge with dancing and live entertainment and the service of alcoholic beverages; a request to establish a take -out restaurant on the ground floor and to waive a portion of the required parking spaces for the take -out restaurant; a request to permit roof -top parking within the proposed parking structure; a request to include outdoor vendors within the on -site commercial areas and on the proposed public walkway; a modification to the Zoning Code so as to allow the use. of parking spaces that are not inde- pendently accessible and compact parking spaces for a portion of the required off - street parking in conjunc- tion with a full time valet parking service, and the acceptance of an environmental document. • WEB -10- INDEX V\MISSIONERS April 18, 1985 't Pt c o � x H 9 m z c m 9 Z T z 1 2 N O 3 O O W 9= 9 T m City of Newport Beach a B. Resubdivision No. 797 (Public Hearing) Request to establish a single parcel of land for retail commercial, restaurant and parking structure purposes where twelve lots and a portion of one lot, a vacated portion of Edgewater Avenue and a portion of a public alley proposed to be vacated presently exist. LOCATION: Lots 1, 2, 3, 7, 8, 9, 10, 11, 12, and a portion of Lot 4, an unnumbered lot and a portion of a public alley proposed to be vacated, all in Block 3 of Balboa Bayside Tract; Lot 22 and 23, Block A of Bayside Tract; and a portion of vacated Edgewater Avenue, located at 309 Palm Street, on the .northerly side of East Bay Avenue between Palm Street and Adams Street, in Central Balboa. ZONE: C -1 • APPLICANT: Balboa Landing, Los Angeles OWNERS: Balboa Landing, Don Franklin and Roland Vallely, Newport Beach ENGINEER: Woolsey Engineering, Irvine F:1Tc C. Use Permit No. 3076 (Review) (Public Hearing) Request to review a previously approved use permit which permitted the .conversion of an existing com- mercial building into a restaurant with on -sale alco- holic beverages, live entertainment and dancing. The proposed review will deal with the provision of req- uired off - street parking for the proposed restaurant within an off -site parking structure included in the Balboa Landing project (previously referred to as the Bayview Landing project). LOCATION: Parcel No. 1 of Parcel Map No. 83 -728 located at 503 East Edgewater Avenue, on the southeasterly corner of Adams Street • and Edgewater Avenue (Vacated), in Central Balboa. -11- MINUTES COMMISSIONERS April 18, 1985 MINUTES �o f y v > ; m X c m z ,� t C 2 N p; O O M = City of Newport Beach a ROLL CALL regarding Condition No. 8, Mr. Schauer replied that the INDEX hamburgers will be prepared in a microwave oven. ZONE: C-1 Commissioner Turner confirmed with the staff and the APPLICANT: Howard Properties, Newport Beach applicant that Condition No. 11, regarding in -lieu OWNER: Don Franklin, Corona del Mar parking may be deleted. Motion x Motion was made to continue this item to May 9, 1985. Ayes x x x x x x MOTION CARRIED. Absent Use Permit No. 3142 (Public Hearing) Request to permit the establishment of a take -out restaurant on property located in the .0 -1 District. The proposal also includes a request to waive a portion of the required off - street parking spaces. LOCATION: Lots 9 -15, Block 22, Newport Beach Tract, located at 2211 West Balboa Boulevard, on the southeasterly corner of West Balboa Boulevard. and 23rd Street, on the Balboa Peninsula. ZONE: C -1 APPLICANTS: Bettylou and John C. Schauer OWNERS: Mike Potoma, Pat Hanifin and Fran Ursini, Newport Beach The public hearing opened at this time, and Mr. John Schauer, 21722 Hilaria Circle, Huntington Beach, applicant, appeared before the Planning Commission. Mr. Schauer stated that he agrees with the findings and conditions in Exhibit "A ". Mr. Schauer further stated that the applicants have withdrawn the request for off -sale alcoholic beverages, and because there will not be the anticipated alcoholic beverage sales there will not be a need for a third employee, and the one in -lieu parking space recommended by staff. -12- In response to Commissioner Kurlander's question regarding Condition No. 8, Mr. Schauer replied that the hamburgers will be prepared in a microwave oven. Commissioner Turner confirmed with the staff and the applicant that Condition No. 11, regarding in -lieu parking may be deleted. -12- VVV1155(_)NEKS April 18, 1985 xx c o X s z c m ,° i = w o i 0 0 M = a X. City of Newport Beach The public hearing closed at this time. Motion JJ I x Motion was made to approve Use Permit No. Ayes x x x x x to the findings and conditions in Absent x including the deletion of Condition No. CARRIED. FINDINGS: 3142, subject Exhibit "A ", 11. MOTION 1. That the proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities, and a portion of the required number of parking spaces, will not be detrimental to adjoining properties.. 4. The Police Department has indicated that they do not contemplate any problems, so long as the sale of alcoholic beverages is prohibited. 5. The approval of Use Permit No. 3142 will not, under the circumstances of the case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan and elevation. 2. That all trash shall be stored in the building until scheduled trash pick -up occurs. 3. That a trash compactor shall be installed in conjunction with the proposed use. 4. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. -13- MINUTES INDEX NAMISSIONERS April is, 1985 xx c O � 8. That no cooking shall be permitted in the take -out x c m i restaurant facility unless an amended use permit z T C z H o z 0 0 p = = , m City of Newport Beach a amendment could require the addition of kitchen MINUTES ROLL CALL I I I I I I I I I INDEX 5. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and a portion of the required number of parking spaces shall be waived. 6. That the restaurants hours of operation shall be restricted to the hours between 10:00 a.m. and 50 :00 p.m. daily. 7. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 11. Deleted. 12. That no customer seating shall be permitted in the facility unless an amended use permit is approved. 13. That no on -sale or off -sale of alcoholic beverages shall be permitted, unless an amended use permit is approved. 14. That the Planning Commission may add 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. 15. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. -14- 8. That no cooking shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 9. That the premises and the sidewalk on West Balboa Boulevard shall be kept clean and regularly maintained. 10. That two parking spaces shall be provided on -site for the employees of the take -out restaurant facility. 11. Deleted. 12. That no customer seating shall be permitted in the facility unless an amended use permit is approved. 13. That no on -sale or off -sale of alcoholic beverages shall be permitted, unless an amended use permit is approved. 14. That the Planning Commission may add 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. 15. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. -14- COMMISSIONERSI April 18, 1985 A. Use Permit No. 3143 (Public Hearing) Request to permit the construction of a second dwelling (Granny Unit) on property located in the R -1 District in accordance with the provisions of Section 65852.1 of the California Government Code that permits a second dwelling if said residence is intended for one or two persons who are 60 years of age or over. The proposal also includes a modification to the Zoning Code so as to allow a proposed stairway and deck to encroach 4 feet into the required 4 foot street side yard setback. 0 X A B. Variance No. 1122 (Public Hearing) a O O Request to waive the third required off - street parking x - 9 r ' a z c m z z c a w o g O r O District. M a m City of Newport Beach 2 a at 2300 Cliff Drive, on the north- A. Use Permit No. 3143 (Public Hearing) Request to permit the construction of a second dwelling (Granny Unit) on property located in the R -1 District in accordance with the provisions of Section 65852.1 of the California Government Code that permits a second dwelling if said residence is intended for one or two persons who are 60 years of age or over. The proposal also includes a modification to the Zoning Code so as to allow a proposed stairway and deck to encroach 4 feet into the required 4 foot street side yard setback. 0 -15- MINUTES Item No. 9 Approved B. Variance No. 1122 (Public Hearing) Request to waive the third required off - street parking space in conjunction with the construction of a second dwelling (Granny Unit) on property located in the R -1 District. LOCATION: Lot G, Block 4, Tract No. 919., located at 2300 Cliff Drive, on the north- westerly corner of Cliff Drive and Fullerton Avenue, in Newport Heights. ZONE: R -1 APPLICANT: James F. Carlson, Newport Beach OWNER: Same as applicant. City Engineer Donald Webb stated that after speaking with Mr. Carlson, the.applicant, and visiting the site, he recommends that if Exhibit "A" is approved, that portion of Condition No. 10, requiring that 3� feet of concrete sidewalk be constructed on Fullerton Avenue, and Condition No. 11, requiring that a 10 foot radius corner cut -off be dedicated to the public at the corner of Cliff Drive and Fullerton Avenue, be deleted.. Mr. Webb further recommended that if Exhibit "B" is approved, that Condition No. 10 be modified so that 40 feet of sidewalk on the Fullerton Avenue frontage of the site be constructed adjacent to two automobile parking spaces on Fullerton Avenue, and that Condition No. 11 related to the 10 foot radius corner cut -off be deleted. Mr. Webb also recommended that a condition be added to Exhibits "A" and "B" stating that "landscaping in the parkway along Fullerton Avenue be pruned and /or removed to provide site distance when exiting the -15- MINUTES Item No. 9 Approved COMMISSIONERS a R c o � r v z c m o m z m a z z r o z N ° ; ° ° s m o m s w o Z a z y a w m s April 18, 1985 MINUTES City of Newport Beach ROLL CALL Mr. Dan Tucker, 320 Fullerton Avenue, appeared before INDEX the Planning Commission, opposing the application. In alley." If Exhibit "B" is approved, Mr. Webb also response to questions posed by Mr. Tucker, Mr. Hewicker recommended that a condition be added "that the replied that the applicant's request is exempt from the existing fence that encroaches into the 5 foot alley Coastal Commission, that 600 square feet of floor area setback area be removed prior to the issuance of a is the minimum size that the City will permit as a building permit." dwelling unit, and according to State Law. a Granny The public hearing opened in connection with this item, Unit cannot exceed 640 square feet. Mr. Tucker stated and Mr. John Carlson, 2300 Cliff Drive, appeared before how the dwelling may obstruct his view. the Planning Commission. Mr. Carlson stated that if the Mr. Carlson responded to Mr. Tucker by stating that as Variance would be granted he is willing to discuss Mr. an architect he is presently planning senior citizen Webb's request for additional sidewalk along Fullerton Avenue. Mr. Carlson stated that the landscaped area in the rear yard is currently being used by the applicant's four year old son as a play area, and that the parking space requested by the City would utilize one -half of the landscaped area. Mr. Carlson commented that he is on a corner lot where there are ample off - street parking spaces. In response to a question posed by Commissioner Person regarding the changes in conditions proposed by Mr. Webb, Mr. Carlson replied that the 40 foot sidewalk on Fullerton Avenue would be excessive, but that he would be willing to provide one parking space and a 20 foot loading zone; however, if Public Works requires two parking spaces he would be agreeable to that. He replied that the trimming of trees in the parkway along Fullerton Avenue would not be a problem. Mr. Carlson stated that he would like to maintain the existing fence adjacent to the alley. Mr. Carlson stated that he agrees with the findings and conditions in Exhibits "B ". -16- Mr. Dan Tucker, 320 Fullerton Avenue, appeared before the Planning Commission, opposing the application. In response to questions posed by Mr. Tucker, Mr. Hewicker replied that the applicant's request is exempt from the Coastal Commission, that 600 square feet of floor area is the minimum size that the City will permit as a dwelling unit, and according to State Law. a Granny Unit cannot exceed 640 square feet. Mr. Tucker stated his concern regarding the height of the structure and how the dwelling may obstruct his view. Mr. Carlson responded to Mr. Tucker by stating that as an architect he is presently planning senior citizen -16- "MISSIONERS April is, 1985 C O x m c z m City of Newport Beach Z MINUTES ROLL CALL I I I i I I I I I INDEX 0 Motion Ayes Absent housing with 400 square feet to 800 square feet of floor area per dwelling unit. The public hearing was closed at this time. Commissioner Eichenhofer inquired what method the City will use to restrict the subject Granny Unit for citizens 60 years old or older. Mr. Hewicker replied that someone would have to call the City stating that a violation existed, and also that the City is requiring a Covenant or condition placed upon the property that would put future owners on notice regarding the restriction of occupants. In the event that the City would have several Granny Units, then Mr. Hewicker explained there may have to. be periodic reviews of the units. Commissioner Person asked that in the event there would be a number of Granny Units in the City, if the City could place a condition requiring that this Granny Unit would comply with any registration of Granny Units that the City may require in the future? City Attorney Burnham suggested that Condition No. 7, in Exhibits "A" and "B" be modified to read that the Covenant contain a provision committing the property owner and successors to comply with future requirements of the City. x Commissioner Kurlander cited that because the subject x x x x x K Granny Unit is in compliance with the State Law and City requirements that he would make a motion to approve Use Permit No. 3143 and denial of Variance No. 1122, subject to the findings and conditions in Exhibit "A ", including amended Condition No. 7, deletion of a portion of Condition No. 10, deletion of Condition No. 11, and the addition of Condition No. 14 related to sight distance on Fullerton Avenue. MOTION CARRIED. FINDINGS: 1. That the proposed project is consistent with the requirements of the Housing Element of the General Plan, and is compatible with surrounding land uses. 2. The project lot size conforms to the Zoning Code area requirements. 3. That the granting of a variance to the residential off - street parking requirement is not necessary -17- m O! 0 0 ra _ MINUTES ROLL CALL I I I i I I I I I INDEX 0 Motion Ayes Absent housing with 400 square feet to 800 square feet of floor area per dwelling unit. The public hearing was closed at this time. Commissioner Eichenhofer inquired what method the City will use to restrict the subject Granny Unit for citizens 60 years old or older. Mr. Hewicker replied that someone would have to call the City stating that a violation existed, and also that the City is requiring a Covenant or condition placed upon the property that would put future owners on notice regarding the restriction of occupants. In the event that the City would have several Granny Units, then Mr. Hewicker explained there may have to. be periodic reviews of the units. Commissioner Person asked that in the event there would be a number of Granny Units in the City, if the City could place a condition requiring that this Granny Unit would comply with any registration of Granny Units that the City may require in the future? City Attorney Burnham suggested that Condition No. 7, in Exhibits "A" and "B" be modified to read that the Covenant contain a provision committing the property owner and successors to comply with future requirements of the City. x Commissioner Kurlander cited that because the subject x x x x x K Granny Unit is in compliance with the State Law and City requirements that he would make a motion to approve Use Permit No. 3143 and denial of Variance No. 1122, subject to the findings and conditions in Exhibit "A ", including amended Condition No. 7, deletion of a portion of Condition No. 10, deletion of Condition No. 11, and the addition of Condition No. 14 related to sight distance on Fullerton Avenue. MOTION CARRIED. FINDINGS: 1. That the proposed project is consistent with the requirements of the Housing Element of the General Plan, and is compatible with surrounding land uses. 2. The project lot size conforms to the Zoning Code area requirements. 3. That the granting of a variance to the residential off - street parking requirement is not necessary -17- COMMISSIONERSI April 18, 1985 0 of Newport Beach for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the subject property is large enough for the applicant to provide the third required parking space. 4. That there are no exceptional or extraordinary circumstances pertaining to the subject property as it relates to off - street parking, which circum- stances and conditions do not generally apply to land, building, and /or uses in the same district inasmuch as the subject property is the same size and shape as other R -1 lots in the area and maintains a similar level of development as other R -1 lots in the Newport Heights area. 5. That the proposed construction within the required street side yard setback will not, under the circumstances of this particular case, be detri- mental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City and further that the approval of said encroachment is consistent with the legislative intent of Title 20 of the Zoning Code. 6. That the approval of Use Permit No. 3143 will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City, provided that the required amount of off - street parking is provided in conjunction with the proposed project. CONDITIONS: 1. That development shall be in substantial con- formance with the approved plot plan, floor plan and elevations except as noted below. 2. That the proposed overhead trellis connection between the existing dwelling and the garage shall include a solid roof. 3. That the applicant shall provide a minimum of three parking spaces on -site in accordance with Section 20.010.050 of the Newport Beach Municipal -is- MINUTES INDEX 9C R c O A i = L 9 m i s m Z m z c= N o t O O M m o m s * r z a z a s m 0 of Newport Beach for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the subject property is large enough for the applicant to provide the third required parking space. 4. That there are no exceptional or extraordinary circumstances pertaining to the subject property as it relates to off - street parking, which circum- stances and conditions do not generally apply to land, building, and /or uses in the same district inasmuch as the subject property is the same size and shape as other R -1 lots in the area and maintains a similar level of development as other R -1 lots in the Newport Heights area. 5. That the proposed construction within the required street side yard setback will not, under the circumstances of this particular case, be detri- mental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City and further that the approval of said encroachment is consistent with the legislative intent of Title 20 of the Zoning Code. 6. That the approval of Use Permit No. 3143 will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City, provided that the required amount of off - street parking is provided in conjunction with the proposed project. CONDITIONS: 1. That development shall be in substantial con- formance with the approved plot plan, floor plan and elevations except as noted below. 2. That the proposed overhead trellis connection between the existing dwelling and the garage shall include a solid roof. 3. That the applicant shall provide a minimum of three parking spaces on -site in accordance with Section 20.010.050 of the Newport Beach Municipal -is- MINUTES INDEX "MISSIONERS April 18, 1985 �x c O E x C M ; I z c m T z I_ W O S O O M = m , m a a _ City of Newport Beach MINUTES ROLL CALL] 1 1 1 1 1 1 1 ( INDEX • Code. Furthermore, there shall be at least one covered parking space for each dwelling unit. 4. That all required parking spaces shall be access- ible and usable at all times for the storage of automobiles. 5. That the second dwelling shall maintain a minimum of 600 sq. ft. of floor area as required by Section 20.87.140 of the Newport Beach Municipal Code, but shall not exceed 640 sq. ft. of floor area as provided in Section 65852.1 of the Calif- ornia Government Code. 6. That the second dwelling unit shall be for rental purposes only and shall be limited to the use of one or two persons 60 years of age or over. 7. That the applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and succe- ssors in interest in perpetuity so as to limit the occupancy of the second dwelling unit to one or two adults 60 years of age or over, and committing the permittee and successors to comply with ordinances regarding Granny Units that may be adopted in the future. 8. That the applicant shall obtain all required building, plumbing and electrical permits for the proposed alterations to the existing garage structure. 9. That all improvements be constructed as required by ordinance and the Public Works Department. 10. That 3� feet of concrete sidewalk (measured from face of curb) be constructed on the Cliff Drive frontage. 11. Deleted. 12. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit prior to completion of the public improvements. -19- COMMISSIONERS April is, 1985 MINUTES ROLL rem Beach 13. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090, A of the Newport Beach Municipal Code. 14. That landscaping in the parkway along Fullerton Avenue be pruned and /or removed to provide site distance when exiting the alley. A. Use Permit No. 3144 (Public Hearing) Request to permit the construction of a two unit residential condominium development and related garages and carports on property located in the R -2 District. 0 B. Resubdivision No. 805 (Public Hearing) Request to resubdivide an existing lot so as to create a single parcel of land for residential condominium development on property located in the R -2 District. LOCATION: Lot 19, Block 432 of Corona del Mar Tract, located at 439 Fernleaf Avenue, on the northwesterly side of Fernleaf Avenue between First Avenue and Second Avenue, in Corona del Mar, ZONE: R -2 APPLICANTS: Heights Partners, Balboa OWNER: -Betty Helin Trust, Newport Beach ENGINEER: James P. McDonough, E1 Monte City Attorney Burnham recommended that Agenda Items No. 10 and 11 be combined because the applicant is the same on each Agenda Item. The applicant advised that this would be acceptable. A. Use Permit No. 3145 (Public Hearing) Request to permit the construction. of a two unit residential condominium development and related garages and carports on property located in the R -2 District. -20- �R c o � z m a a z r O z C Z O Z O O M m O 0 : a T z a z M a a m ROLL rem Beach 13. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090, A of the Newport Beach Municipal Code. 14. That landscaping in the parkway along Fullerton Avenue be pruned and /or removed to provide site distance when exiting the alley. A. Use Permit No. 3144 (Public Hearing) Request to permit the construction of a two unit residential condominium development and related garages and carports on property located in the R -2 District. 0 B. Resubdivision No. 805 (Public Hearing) Request to resubdivide an existing lot so as to create a single parcel of land for residential condominium development on property located in the R -2 District. LOCATION: Lot 19, Block 432 of Corona del Mar Tract, located at 439 Fernleaf Avenue, on the northwesterly side of Fernleaf Avenue between First Avenue and Second Avenue, in Corona del Mar, ZONE: R -2 APPLICANTS: Heights Partners, Balboa OWNER: -Betty Helin Trust, Newport Beach ENGINEER: James P. McDonough, E1 Monte City Attorney Burnham recommended that Agenda Items No. 10 and 11 be combined because the applicant is the same on each Agenda Item. The applicant advised that this would be acceptable. A. Use Permit No. 3145 (Public Hearing) Request to permit the construction. of a two unit residential condominium development and related garages and carports on property located in the R -2 District. -20- COMMISSIONERS April 18, 1985 MINUTES c O � x - C C r y m = N o 3 0 0 T Cit of Newport Beach 9 y ROLL CALL INDEX AND B. Resubdivision No. 806 (Public Hearing) UP3145 R806 Request to resubdivide an existing lot so as to create a single parcel of land for residential condominium ApprovF development on property located in the R -2 District. LOCATION: Lot 21, Block 432 of Corona del Mar Tract, located at 441 Fernleaf Avenue, on the southwesterly corner of Fernleaf Avenue and Second Avenue, in Corona del Mar. ZONE: R -2 APPLICANTS: Heights Partners, Balboa OWNER: Betty Helin Trust, Newport Beach ENGINEER: James P. McDonough, E1 Monte The public hearing opened in connection with these items, and Mr. Craig Hampton, Pacific Building Concepts, 234 E. 17th Street, Costa Mesa, appeared before the Planning Commission on behalf of the applicant. Mr. Hampton stated that the applicant agrees with the findings and conditions in Exhibit "A" of Use Permit No. 3144 and Resubdivision No. 805; and the findings and conditions in Exhibit "A" of Use Permit No. 3145 and Resubdivision No. 806. The public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3144 and Ayes x x x x x Resubdivision No. 805 subject to the findings and Absent x conditions in Exhibit "A ". MOTION CARRIED. Use Permit No. 3144 FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. • 2. The project will comply with all applicable standards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of ap- proval. -21- ROLL COMMISSIONERS April 18, 1985 c O � S r Fr F_ _ a r a m c m m z m a a y 6! x ` = W ° : ° ° M m O s r i City of N1 z a z a a � m V MINUTES Beach 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of ap- proval. 4. The project is consistent with the adopted goals and policies of the General Plan and the Local Coastal Program, Land Use Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium develop- ment. 6. The establishment, maintenance or operation of the use of building applied for 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. 0 11111111 CONDITIONS: I 1. I ( I I I That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations, except as noted below. 2. That one garage space and one carport space shall be provided for each dwelling unit. 3. That the gross floor area of the structure shall not exceed 3,528 sq.ft. (1.5 times the buildable area of the site). 4. That all Conditions of approval of Resubdivision No. 805 shall be fulfilled. 5. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. RESUBDIVISION NO. 805 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. -22- CONWISSIONERS1 April 18, 1965 2. That the proposed resubdivision .presents no problems from a planning standpoint. 3. That the design of the subdivision or 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 subdivi- sion. CONDITIONS: 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That all vehicular access to the site shall be from the adjacent alley. 5. That Orange County Sanitation District fees shall be paid prior to the issuance of any building permits. 6. That the unused drive apron be removed and replaced with curb and gutter and that displaced sections of sidewalk be reconstructed along the Fernleaf Avenue frontage under an encroachment permit issued by the Public Works Department. 7. 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. Motion Absent Ix IXIXIXIXI Motion was made to approve Use Permit findings 3145 and Ayes 1 Resubdivision No. 806, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. • -23- MINUTES �x c o � x . z c m z z z = z N z 0 3 0 a = , o m City of Newport Beach 2. That the proposed resubdivision .presents no problems from a planning standpoint. 3. That the design of the subdivision or 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 subdivi- sion. CONDITIONS: 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That all vehicular access to the site shall be from the adjacent alley. 5. That Orange County Sanitation District fees shall be paid prior to the issuance of any building permits. 6. That the unused drive apron be removed and replaced with curb and gutter and that displaced sections of sidewalk be reconstructed along the Fernleaf Avenue frontage under an encroachment permit issued by the Public Works Department. 7. 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. Motion Absent Ix IXIXIXIXI Motion was made to approve Use Permit findings 3145 and Ayes 1 Resubdivision No. 806, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. • -23- MINUTES COMMISSIONERS April 18, 1985 MINUTES x� c O � _ C v a y m z c m Z m z m x z z r c x M z p = m City of Newport Beach ROLL CALL INDEX Use Permit No. 3145 FINDINCSe 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of ap- proval. 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of ap- proval. 4. The project is consistent with the adopted goals and policies of the General Plan and the Local Coastal Program, Land Use Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium develop - ment. 6. The establishment, maintenance or operation of the use of building applied for 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 development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations, except as noted below. 2. That one garage space and one carport space shall be provided for each dwelling unit. 3. That the gross floor area of the structure shall not exceed 3,528 sq.ft. (1.5 times the buildable area of the site). 4. That all Conditions of approval of Resubdivision No. 806 shall be fulfilled. -24- COMMISSIONERS April 18, 1985 MINUTES x x C O x Z c m m i A Z M= r m City of Newport Beach a ROLL CALL INDEX 5. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. RESUBDIVISION NO. 806 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or 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 subdivi- sion. CONDITIONS: 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public works Department. 4. That all vehicular access to the site shall be from the adjacent alley. 5. That Orange County Sanitation District fees shall be paid prior to the issuance of any building permits. 6. That arrangements be made with the Public works • Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parecl map or obtain a build- ing permit prior to completion of the public improvements. -25- ROLL COMMISSIONERS April 18, 1985 MINUTES x x 0 Oa a� x � Fz_ s c m m z m T m i z m City of Newport Beach 7. That a 10 foot radius corner cutoff at the corner of Fernleaf Avenue and Second Avenue be dedicated to the public. 8. That landscape plans shall be subject to review and approval of the Parks, Beaches, and Recreation Department and Public Works Department. 9. That concrete sidewalk be constructed along the Second Avenue frontage under an encroachment permit issued by the Public Works Department. 10. That an access ramp be constructed per City Std. -181 -L at the intersection of Fernleaf Avenue and Second Avenue under an encroachment permit issued by the Public Works Department. 11. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. A. Use Permit No. 3146 (Public Hearing) Iitem No.12 Request to permit the construction of a two unit ur.si413 residential condominium development and related garages 8807 on property located in the R -4 District. Continued AND to may 9,1985 B. Resubdivision No. 807 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for residential condominium purposes on property located in the R -4 District. LOCATION: Lot 9, Block 15, Section B, Newport Beach Tract, located at 1516 and 151612 West Ocean Front, on the northerly side of West Ocean Front, between 15th Street and 16th Street, on the Balboa Penin- sula. 0 11111111 ZONE: R-4 -26- April 18, 1985 APPLICANTS: OWNERS: Beach Mr. and Mrs. Fred R. Carroll, Huntington Beach Same as applicants ENGINEER: W. R. Haynes and Company, Newport Beach Motion x Motion was made to continue this item to May 9, 1985. Ayes x x x x x MOTION CARRIED. Absent A D D I T I'0 N A L B U S I N E S S: The Planning Commission voted to consider the revoca- Motion x tion of Use Permit No. 3053. (Avon Rent -A -Car) for Ayes x x x x x x failure to comply with specific conditions of approval. Absent x The Commission set the public hearing for the Planning Commission meeting of May 23, 1985. MOTION CARRIED. Motion x Commissioner Person was excused from the May 9, 1985, x x x x x x Planning Commission meeting. MOTION CARRIED.. * * s • A D J O U R N M E N T: 8:09 p.m. JOHN A. KURLANDER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -27- MINUTES C 0 C o � x - y 7 m Z G C m m = W a a m a z r 0 I o M: M w City Orf z a Z S E m m I APPLICANTS: OWNERS: Beach Mr. and Mrs. Fred R. Carroll, Huntington Beach Same as applicants ENGINEER: W. R. Haynes and Company, Newport Beach Motion x Motion was made to continue this item to May 9, 1985. Ayes x x x x x MOTION CARRIED. Absent A D D I T I'0 N A L B U S I N E S S: The Planning Commission voted to consider the revoca- Motion x tion of Use Permit No. 3053. (Avon Rent -A -Car) for Ayes x x x x x x failure to comply with specific conditions of approval. Absent x The Commission set the public hearing for the Planning Commission meeting of May 23, 1985. MOTION CARRIED. Motion x Commissioner Person was excused from the May 9, 1985, x x x x x x Planning Commission meeting. MOTION CARRIED.. * * s • A D J O U R N M E N T: 8:09 p.m. JOHN A. KURLANDER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -27- MINUTES