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HomeMy WebLinkAbout05/09/1985Present A# Abstain Absent Motion Ayes Absent r� u IV\/V \IDJI\Jh1[R..3 REGULAR PLANNING COMMISSION MEETING X R - PLACE: City Council Chambers � � v s v m TIME: 7:30 P.M. x x x x x x x x x x All Commissioners Present (Commissioner Person arrived at 8:20 p.m.) EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert H. Burnham, City Attorney Carol Korade, Assistant City Attorney * * * STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Dee Edwards, Secretary * Minutes of April 18, 1985 x x x x Motion was made for approval of the April 18, 1985, Planning Commission Minutes, which MOTION CARRIED. * Request for Continuances Planning Director James Hewicker recommended that Agenda Item No. 2, Amendment No. 617 be continued to May 23, 1985; Item No. 8, Use Permit No. 1461 (Amended) be continued to June 6, 1985; Item No. 9, Use Permit No. 1783 (Amended) be continued to May 23, 1985; and Item No. 10, Use Permit No. 3147 be continued to May 23, 1985. Motion was made to continue Item No. 2 to May 23, 1985; x x x x Item No. 8 to June 6, 1985; Item No. 9 to May 23, 1985; and Item No. 10 to May 23, 1985. MOTION CARRIED. -1- MINUTES INDEX ances W] z c m y m z DATE; MAY 9, 1955 m 9 A A z r z G) ° 2 m City of Newport Beach x x x x x x x x x x All Commissioners Present (Commissioner Person arrived at 8:20 p.m.) EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert H. Burnham, City Attorney Carol Korade, Assistant City Attorney * * * STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Dee Edwards, Secretary * Minutes of April 18, 1985 x x x x Motion was made for approval of the April 18, 1985, Planning Commission Minutes, which MOTION CARRIED. * Request for Continuances Planning Director James Hewicker recommended that Agenda Item No. 2, Amendment No. 617 be continued to May 23, 1985; Item No. 8, Use Permit No. 1461 (Amended) be continued to June 6, 1985; Item No. 9, Use Permit No. 1783 (Amended) be continued to May 23, 1985; and Item No. 10, Use Permit No. 3147 be continued to May 23, 1985. Motion was made to continue Item No. 2 to May 23, 1985; x x x x Item No. 8 to June 6, 1985; Item No. 9 to May 23, 1985; and Item No. 10 to May 23, 1985. MOTION CARRIED. -1- MINUTES INDEX ances W] COMMISSIONERS1 May 9, 1985 A. Traffic Study (Continued Public Hearing) Request to consider a traffic study so as to permit the construction of bank /professional office building in the M -1 -A District. M] B. Use Permit No. 3138 (Continued Public Hearing) Request to permit the construction of a multi -level parking structure with roof top parking in conjunction with the construction of a bank /professional office building located in the M -1 -A District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required parking for Baxter's and Coco's Restaurants and the proposed office building, and the acceptance of an environmental document. • LOCATION: Lot 13, Tract No. 5169, located at 4647 MacArthur Boulevard, on the northwesterly corner of Birch Street and MacArthur Boulevard, across from the Sheraton Newport Hotel. ZONE: M -1 -A APPLICANT: MacArthur Associates, Ltd., Newport Beach OWNER: Same as applicant 7 Planning Director James Hewicker commented that C O O correspondence had been received from Carol Hoffman of S - m z Z Z N the conditions of approval as stated in the staff a a M m City of Newport Beach agreement from Michael P. Simondi, counsel for Grace A. Traffic Study (Continued Public Hearing) Request to consider a traffic study so as to permit the construction of bank /professional office building in the M -1 -A District. M] B. Use Permit No. 3138 (Continued Public Hearing) Request to permit the construction of a multi -level parking structure with roof top parking in conjunction with the construction of a bank /professional office building located in the M -1 -A District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required parking for Baxter's and Coco's Restaurants and the proposed office building, and the acceptance of an environmental document. • LOCATION: Lot 13, Tract No. 5169, located at 4647 MacArthur Boulevard, on the northwesterly corner of Birch Street and MacArthur Boulevard, across from the Sheraton Newport Hotel. ZONE: M -1 -A APPLICANT: MacArthur Associates, Ltd., Newport Beach OWNER: Same as applicant -2- MINUTES INDEX No.1 Planning Director James Hewicker commented that correspondence had been received from Carol Hoffman of Hoffman Business Consultants, Inc. representing Grace Restaurants, dated May 9, 1985, suggesting changes to the conditions of approval as stated in the staff report; a letter dated May 9, 1985, and settlement agreement from Michael P. Simondi, counsel for Grace Restaurants, pertaining to the private agreements that Grace Restaurants is entering with the applicant in respect to their business interests; and a letter from Consolidated Savings Bank, dated April 29, 1985, regarding the 65 off -site parking spaces for the proposed development on a temporary basis. . City Attorney Robert Burnham referred to Carol Hoffman's letter and recommendations, and stated that he does not support the additional sentence to -2- MINUTES INDEX No.1 V\MISSIONERS May 9, 1985 M R C O O 2 9 C " m c z m p; 0 0 9 Z City of Newport Beach a Condition No. 3, stating that "the Traffic Engineer shall insure that the interim on -site circulation is adequate to serve existing businesses and their clientele ", because the Traffic Engineer may have to require specific standards that may not meet the satisfaction of Grace Industries. Mr. Burnham commented that he does not have any objections to the recommended changes in Conditions No. 4, 5, 6, and 7. Mr. Burnham objected to Ms. Hoffman's recommendation of Condition No. 7a that states "that the applicant shall provide to the satisfaction of the City Traffic. Engineer an agreement between MacArthur Associates, Ltd., the City and the owner of the off -site parking areas which insures the availability of all required off -site parking until the parking structure is completed. In the absence of such an agreement, the applicant shall agree to construct the parking structure on Phase I ". He cited that the City only will make sure that agreements between the property owner and the applicant will satisfy the conditions of approval imposed by the • condition. Mr. Burnham recommended that Condition No. 7a state "that the applicant shall provide the City with agreements between MacArthur Associates and owners of off -site areas which contain provisions that demonstrate compliance with conditions of approval that require the provision of off -site parking spaces ". Mr. Burnham further stated that he does not believe there is a need for Ms. Hoffman's recommendation of Condition No. 32. Mr. Hewicker commented that he is questioning what the position of Grace Restaurants is considering the letter from Hoffman Business Consultants, Inc., requesting changes in the staff report, and a letter received two hours later containing an agreement between Grace Restaurants and Yavar Industries and a letter stating that Grace Restaurants is withdrawing their objections to the Yavar Industries, Inc. use permit. Commissioner Turner referred to . Ms. Hoffman's recommendation to Condition No. 4 which states "said valet service shall be conducted in a manner approved by the City Traffic Engineer," adding "and shall be free of charge to all customers of existing uses ", by questioning if the Planning Commission has the ability • to condition the fees of valet service, and that maybe the fee should be an agreement between the applicant and landlord? Mr. Burnham replied that this is the manner in which the applicant proposes to implement the Interim Parking Plan, and that this would insure that -3- MINUTES there would be no charge to the customers of businesses that are currently on -site. Commissioner Turner asked how to define "customer ", and would they be customers entering Baxter's Restaurant and Coco's Restaurant? Mr. Burnham replied that this condition specifying that the valet be without charge, be in effect only during the span of the Interim Parking Plan. In response to Commissioner Turner's inquiry regarding Ms. Hoffman's addition to Condition No. 7 stating that "no on -site construction worker parking shall be permitted ", Mr. Burnham stated that he agrees with the addition to the condition considering that off -site parking will be available to the construction workers, and that if a construction superintendent would park on -site for a short period of time that there would not be a violation of the use permit. Commissioner Turner stated his objection to Condition No. 7a as recommended by Ms. Hoffman. The public hearing opened in connection with this item, and Mr. Walter Koontz, representing the applicant, appeared before the Planning Commission. Mr. Koontz stated that the applicant agrees with the findings and conditions in Exhibit "A" with the exception of Condition No. 7, in which case if the applicant cannot provide 25 off -site parking spaces for the construction workers, that the applicant be allowed to use off -site parking spaces in the City of Orange and use a shuttle system onto the site. He said that Yavar Industries will be moving their offices off of the current location site which will allocate two additional parking spaces that would be available to the construction superintendent on the site. Mr. Koontz stated that he was surprised at Ms. Hoffman's May 9, 1985, letter, because the applicant had entered into an agreement with Grace Restaurants which was submitted by Mr. Simondi. In response to Chairman Winburn's question regarding the 65 off -site parking spaces at the Consolidated Savings Bank site in the City of Irvine, Mr. Koontz • replied that the spaces will be for tenant employees. Mr. Koontz referred to a letter from National Education Corporation dated May 9, 1985, stating that a month -to -month off -site parking lease is intended between J. A. Jones Construction Company and National Education Corporation. -4- MINUTES COMMISSIONERS May 9, 1985 xx c o � x - , v a � Z 0 a 9 O O I Z Z= a a m City of Newport Beach there would be no charge to the customers of businesses that are currently on -site. Commissioner Turner asked how to define "customer ", and would they be customers entering Baxter's Restaurant and Coco's Restaurant? Mr. Burnham replied that this condition specifying that the valet be without charge, be in effect only during the span of the Interim Parking Plan. In response to Commissioner Turner's inquiry regarding Ms. Hoffman's addition to Condition No. 7 stating that "no on -site construction worker parking shall be permitted ", Mr. Burnham stated that he agrees with the addition to the condition considering that off -site parking will be available to the construction workers, and that if a construction superintendent would park on -site for a short period of time that there would not be a violation of the use permit. Commissioner Turner stated his objection to Condition No. 7a as recommended by Ms. Hoffman. The public hearing opened in connection with this item, and Mr. Walter Koontz, representing the applicant, appeared before the Planning Commission. Mr. Koontz stated that the applicant agrees with the findings and conditions in Exhibit "A" with the exception of Condition No. 7, in which case if the applicant cannot provide 25 off -site parking spaces for the construction workers, that the applicant be allowed to use off -site parking spaces in the City of Orange and use a shuttle system onto the site. He said that Yavar Industries will be moving their offices off of the current location site which will allocate two additional parking spaces that would be available to the construction superintendent on the site. Mr. Koontz stated that he was surprised at Ms. Hoffman's May 9, 1985, letter, because the applicant had entered into an agreement with Grace Restaurants which was submitted by Mr. Simondi. In response to Chairman Winburn's question regarding the 65 off -site parking spaces at the Consolidated Savings Bank site in the City of Irvine, Mr. Koontz • replied that the spaces will be for tenant employees. Mr. Koontz referred to a letter from National Education Corporation dated May 9, 1985, stating that a month -to -month off -site parking lease is intended between J. A. Jones Construction Company and National Education Corporation. -4- MINUTES COMMISSIONERS 0 May 9, 1985 of Newport Beach Commissioner Turner asked how the applicant would provide off -site parking for the construction workers if the National Education Corporation's lease would terminate at the end of 12 months? Mr. Koontz replied that the applicant would utilize the 12 month plan for off -site parking spaces on the National Education Corporation property and the shuttle system at 1601 Orangewood Avenue in the City of Orange. Mr. Koontz replied to Commissioner Koppelman, that the total construction time of the office building and parking structure will be 18 months. In reply to Chairman winburn's question of why not construct the parking structure first, Mr. Koontz replied that there is a problem of finding an area to relocate the existing tenants. Mr. Koontz stated that if the tenants would be relocated in trailers that would be located where the parking structure would be built, then when the parking structure is completed, there would not be available space to relocate the trailers. Mr. Koontz stated that Jones Construction Company will build only the portion of the building that will accommodate the tenants, and then demolish the existing buildings in order to construct the parking structure, and then build the remaining office building. Chairman Winburn asked if that would include four tenants plus the Orange City Bank? Mr. Koontz agreed and stated that the tenants appear to be satisfied with the relocation plans as recommended by the applicant. Mr. Hewicker asked if the applicant had plans to construct the first floor of the office building, occupy same, and then build the remaining stories of the office building? Mr. Martin Olson, J. Jones Construction Company, appeared before the Planning Commission. Mr. Olson replied that the shell of the building will be constructed, and then the first floor of the building will be completed in order to relocate the bank tenant, and then the remaining portion of the building will be completed. Mr. Olson explained that the building will be entirely enclosed prior to the time that the first floor is completed. Mr. Hewicker confirmed with Mr. Olson that the building will be finaled by the Building Department and then there would be tenant improvement. Mr. Olson agreed. Commissioner Eichenhofer asked if the bank building and office building will be demolished? Mr: Olson agreed -5- MINUTE5 INDEX �x C o z v m z c C M M m z W a 9 Z r 2 C Z m o; 0 0 m Z 9 Z � z Z T m _ 0 May 9, 1985 of Newport Beach Commissioner Turner asked how the applicant would provide off -site parking for the construction workers if the National Education Corporation's lease would terminate at the end of 12 months? Mr. Koontz replied that the applicant would utilize the 12 month plan for off -site parking spaces on the National Education Corporation property and the shuttle system at 1601 Orangewood Avenue in the City of Orange. Mr. Koontz replied to Commissioner Koppelman, that the total construction time of the office building and parking structure will be 18 months. In reply to Chairman winburn's question of why not construct the parking structure first, Mr. Koontz replied that there is a problem of finding an area to relocate the existing tenants. Mr. Koontz stated that if the tenants would be relocated in trailers that would be located where the parking structure would be built, then when the parking structure is completed, there would not be available space to relocate the trailers. Mr. Koontz stated that Jones Construction Company will build only the portion of the building that will accommodate the tenants, and then demolish the existing buildings in order to construct the parking structure, and then build the remaining office building. Chairman Winburn asked if that would include four tenants plus the Orange City Bank? Mr. Koontz agreed and stated that the tenants appear to be satisfied with the relocation plans as recommended by the applicant. Mr. Hewicker asked if the applicant had plans to construct the first floor of the office building, occupy same, and then build the remaining stories of the office building? Mr. Martin Olson, J. Jones Construction Company, appeared before the Planning Commission. Mr. Olson replied that the shell of the building will be constructed, and then the first floor of the building will be completed in order to relocate the bank tenant, and then the remaining portion of the building will be completed. Mr. Olson explained that the building will be entirely enclosed prior to the time that the first floor is completed. Mr. Hewicker confirmed with Mr. Olson that the building will be finaled by the Building Department and then there would be tenant improvement. Mr. Olson agreed. Commissioner Eichenhofer asked if the bank building and office building will be demolished? Mr: Olson agreed -5- MINUTE5 INDEX C Motion • X May 9, 1985 of Newport Beach and stated that would happen after relocation had taken place. Commissioner Eichenhofer asked if the entire parking structure would be built before the office building? Mr. Olson explained that the bank building will be completed first, and thereafter, the remaining portion of the building will depend upon the tenant improvements. Mr. Olson commented that the applicant has received a firm commitment from National Education Corporation of 50 off -site parking spaces on a month to month basis. Ms. Carol Hoffman, Hoffman Business Consultants, Inc., appeared before the Planning Commission. Ms. Hoffman clarified Grace Restaurants' position with the applicant by stating that Grace Restaurants never did object to the project but that Grace Restaurants did wish to clarify the conditions and correspond to the agreement that was being drafted. In response to a question posed by Commissioner Turner, Ms. Hoffman replied that Grace Restaurants believed that it was very important that Coco's Restaurant and Baxter's Restaurant's customers have free valet parking. The public hearing was closed at this time. In response to a question posed by Commissioner Eichenhofer asking if the National Education Corporation's 50 off -site parking spaces would contain 25 employee parking spaces and the remaining area would be utilized for construction equipment, Mr. H. M. Olson of Jones Construction Company, replied that the remaining parking spaces would not be used for equipment. Commissioner Goff stated that Finding No. 2 of the Traffic Study, reads as if the Finding is for denial. Mr. Hewicker replied that the findings in a Traffic Study are done in sequence and that findings are relative to one another. Commissioner Turner made a motion to approve the Environmental Document, Traffic Study, and Use Permit No. 3138, subject to the findings and conditions in Exhibit "A ". Commissioner Turner stated that he believes that there will be less disruption of businesses under the proposed plan than.if the parking structure were constructed first. He emphasized to the applicant that if the National Education Corporation lease terminates after only three or four months of construction, that the applicant will -6- MINUTES X F "' C O Q f x v m a v r � z C m s m z W z Z r 2 C= 0 N O i V\MISSIONERS May 9, 1985 x x c o � e a x y 9 9 m = w 0 9 0 0 M m City M A a of Newport Beach MINUTES ROLL CALLT I I I I I I I IINDEX not have any off -site parking for construction employees, and that the City will have the authority to discontinue the project. Commissioner Turner requested that "on an informal. basis" be deleted from Condition No. 6 as the agreement is formal. In response to a request from Commissioner Turner, Mr. Burnham recommended that Condition 7a, recommended by Ms. Hoffman, read "that the applicant shall provide the City with written agreements that contain provisions that demonstrate compliance with the conditions of this use permit that require the provision of off -site parking spaces" and that the condition may further read "to the satisfaction of the Planning Director ". Mr. Burnham cited that this would only relate to interim parking. Mr. Hewicker stated that staff is requesting that the following condition be added: "If it is the desire of the applicant to occupy the office building prior to completion of all required on -site parking, the applicant shall make arrangements with the Planning Department and the City Attorney's office to guarantee satisfactory completion of the required parking improvements ". Mr. Hewicker explained that the purpose of this condition is that the applicant will get a building permit, build the building, and then get a second building permit for the parking structure. The condition will guarantee that when the applicant completes the office building and occupies same, that the City is guaranteed that they will complete the parking lot construction. Commissioner Turner asked if this would be a performance bond? 'Mr. Hewicker replied that the Planning Department and City Attorney would make the decision. Commissioner Turner stated his approval of the added condition. Mr. Burnham recommended that an amendment to the proposed Condition No. 7a, recommended by Ms. Hoffman, state "that require the provision of off' -site parking spaces prior to the completion of the construction of the parking structure." Commissioner Turner responded to Chairman Winburn that he is not recommending that Condition No. 4 be modified as requested by Ms. Hoffman; that Condition No. 6 shall be with a formal agreement or lease agreement and that the letter has indicated there is a formal agreement. Mr. Burnham explained that the purpose of Condition No. 7a, recommended by Ms. Hoffman, will be to require the -7- ROLL COAAMISSIONERS1 May 9, 1985 MINUTES applicant to provide a written agreement that permits the property owner to guarantee the use of those spaces during the period of time needed to construct the project. Chairman winburn asked if "no on -site construction worker parking shall be permitted" would be included in Condition No. 7. Mr. Hewicker explained that he does not believe there was an intent to prohibit construction parking on the construction site. Mr. Hewicker stated that it was his opinion that construction workers are not to park in parking spaces being used by Grace Restaurants and other tenants on the property. Commissioner Turner explained that Condition No. 7 as originally submitted stated "that the off -site parking location shall be subject to the City Traffic Engineer's approval" and that the Traffic Engineer will accept a reasonable agreement between the two parties. Mr. Burnham recommended that Condition No. 6 be amended to state "that construction workers shall be permitted to park only on the construction site area and not in spaces occupied by tenants ". Chairman Winburn confirmed with Commissioner Turner that Condition No. 32 shall be added as recommended by Mr. Hewicker. Substitute Commissioner Goff made a substitute motion to deny the Motion x Traffic Study because Findings No. 3 and No. 4 cannot be met as described by the Traffic Engineer and that if the other developments that require to put in improvements occur first, that the addition of this development would increase the Intersection Capacity Utilization to an unsatisfactory level of service. Commissioner Goff opined that denial or approval of the proposed Traffic Study will set a precedent of the interpretation of the Traffic Phasing Ordinance. Commissioner Turner stated that his interpretation of the Traffic Engineer's study of the Traffic Phasing Ordinance allows and provides for means of approving a traffic study similar to the subject application. Commissioner Goff referred to the Traffic Engineer's Interpretation No. 1 that outlines the scenario that is in direct opposition to the intent of the Traffic Phasing Ordinance. He said that the scenario is as likely as the scenario of Interpretation No. 2, of whether or not the project meets the requirements of the Traffic Phasing Ordinance. ffm X C O - L y m C Z c m � Z C Z Z n H c C 0 0 m City of Newport Beach Z a a, applicant to provide a written agreement that permits the property owner to guarantee the use of those spaces during the period of time needed to construct the project. Chairman winburn asked if "no on -site construction worker parking shall be permitted" would be included in Condition No. 7. Mr. Hewicker explained that he does not believe there was an intent to prohibit construction parking on the construction site. Mr. Hewicker stated that it was his opinion that construction workers are not to park in parking spaces being used by Grace Restaurants and other tenants on the property. Commissioner Turner explained that Condition No. 7 as originally submitted stated "that the off -site parking location shall be subject to the City Traffic Engineer's approval" and that the Traffic Engineer will accept a reasonable agreement between the two parties. Mr. Burnham recommended that Condition No. 6 be amended to state "that construction workers shall be permitted to park only on the construction site area and not in spaces occupied by tenants ". Chairman Winburn confirmed with Commissioner Turner that Condition No. 32 shall be added as recommended by Mr. Hewicker. Substitute Commissioner Goff made a substitute motion to deny the Motion x Traffic Study because Findings No. 3 and No. 4 cannot be met as described by the Traffic Engineer and that if the other developments that require to put in improvements occur first, that the addition of this development would increase the Intersection Capacity Utilization to an unsatisfactory level of service. Commissioner Goff opined that denial or approval of the proposed Traffic Study will set a precedent of the interpretation of the Traffic Phasing Ordinance. Commissioner Turner stated that his interpretation of the Traffic Engineer's study of the Traffic Phasing Ordinance allows and provides for means of approving a traffic study similar to the subject application. Commissioner Goff referred to the Traffic Engineer's Interpretation No. 1 that outlines the scenario that is in direct opposition to the intent of the Traffic Phasing Ordinance. He said that the scenario is as likely as the scenario of Interpretation No. 2, of whether or not the project meets the requirements of the Traffic Phasing Ordinance. ffm COMMISSIONERS May 9, 1985 MINUTES x R c o � x -1 9 r y 111 Z C T > m E M Z A City of Newport Beach c Z O s o o 9 ROLL CALL INDEX Commissioner Turner referred to the Traffic Engineer's memo in which it states that the City Council approved an amendment "deleting the absolute requirement of 0.90 and providing for the "nor make worse..." case ", and that this ordinance has become law. Ayes x Noes x x x x x The substitute motion was voted on to deny the Traffic Absent x Study, MOTION FAILED. Commissioner Goff stated that because there is a collective opinion of the Planning Commission to accept the reasoning in the Traffic Engineer's April 29, 1985, memo that he will support that reasoning and support the original motion. Ayes C x x x x x The motion to approve the Traffic Study, Use Permit No. Absent x 3138 and related environmental document in accordance with the recommended findings and revised conditions was voted on, and MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT: FINDINGS: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Calif- ornia Environmental Quality Act, and that their contents have been considered in the decisions on this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. B. TRAFFIC STUDY: FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the project - generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak COMN\ISSK)NERSI May 9, 1985 MINUTES INDEX period on any leg of the critical intersections, and will add to an unsatisfactory level of traffic service at critical intersections which will have an Intersection. Capacity Utilization of greater than .90. 3. That the Traffic Studies suggest several circulation system improvements which will improve the level of traffic service to an acceptable level at all critical intersections. 4. That the proposed project, including circulation system improvements will neither cause nor make worse an unsatisfactory level of traffic service on any "major ", "primary- modified" or "primary" street. CONDITION: I I I I I I I I 1. The applicant shall participate in the cost of establishing a second eastbound left -turn lane on Campus Drive at MacArthur Boulevard. The partici- pation shall be based upon the number of cars added to critical movements at the intersection by this project as compared to those added by all projects required to make this same improvement that have been approved by the Planning Commission or City Council prior to the issuance of the Public Works Encroachment Permit for the improve- ment. Costs shall include all related construc- tion costs and reasonable design costs. C. USE PERMIT NO. 3138 FINDINGS: - 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The proposed use of compact parking spaces will not, under the circumstances of this parti- cular 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 improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. -10- A A C O o S 2 C 111 Y C = = a = r m City of Newport Beach INDEX period on any leg of the critical intersections, and will add to an unsatisfactory level of traffic service at critical intersections which will have an Intersection. Capacity Utilization of greater than .90. 3. That the Traffic Studies suggest several circulation system improvements which will improve the level of traffic service to an acceptable level at all critical intersections. 4. That the proposed project, including circulation system improvements will neither cause nor make worse an unsatisfactory level of traffic service on any "major ", "primary- modified" or "primary" street. CONDITION: I I I I I I I I 1. The applicant shall participate in the cost of establishing a second eastbound left -turn lane on Campus Drive at MacArthur Boulevard. The partici- pation shall be based upon the number of cars added to critical movements at the intersection by this project as compared to those added by all projects required to make this same improvement that have been approved by the Planning Commission or City Council prior to the issuance of the Public Works Encroachment Permit for the improve- ment. Costs shall include all related construc- tion costs and reasonable design costs. C. USE PERMIT NO. 3138 FINDINGS: - 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The proposed use of compact parking spaces will not, under the circumstances of this parti- cular 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 improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. -10- ' AMISSIQNLRS may 9, 1985 x A C O O — C y y z c m Z T ,n = C z W p r O O M arm City of Newport Beach z MINUTES ROLL CALL I I I I J i l l I INDEX • is 3. The proposed number of compact, car spaces constitutes 22 percent of the parking requirement which is within limits generally accepted by the Planning Commission relative to previous similar applications. 4. That the design of the development 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 development. 5. That the proposed parking structure has been 'designed so as to screen the view of open parking spaces located on the roof of the structure. 6. That the City Traffic Engineer has approved an interim parking plan for the subject project which provides adequate off - street parking for the existing uses which will remain on the site during each phase of construction. 7. The approval of Use Permit No. 3138 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 neighbor- hood 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 plans, and elevations, except as may be noted below. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That the on -site parking areas including handicap and compact spaces, and parking circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 4. That the applicant shall provide a full time valet parking service during all hours of operation for the existing uses on the subject property until the on -site parking structure is completed. Said valet service shall be conducted in a manner approved by the City Traffic Engineer. -11- MMISSIONERS May 9, 1985 x x C O � x z c m v s m z a a* m( City of Newport Beach C z w o t O O S. That the applicant shall provide a shuttle service between the off -site parking location and the subject propety which shall operate from 7:30 a.m. to 5:30 p.m., Monday through Friday. Said shuttle service shall be initiated at the time the existing on -site parking spaces are removed and shall remain in operation until the on -site parking structure is completed. 6. That the applicant shall provide a minimum of 65 parking spaces, at an off -site location, located at 2171 Campus Drive, in the City of Irvine. Said parking shall be provided at the time the existing on -site parking spaces are removed and shall remain in use until such time as the on -site parking structure is completed. Construction workers shall be permitted to park only on the construction site area and not in spaces occupied by tenants. is 7. That the applicant shall provide in addition to the parking spaces required in Condition No. 6, a minimum of 25 parking spaces in an off -site location to be used by construction workers for the proposed project. Said off -site parking location shall be subject to the City Traffic Engineer's approval. 7a. That the applicant shall provide the City with written agreements that contain provisions that demonstrate compliance with the conditions of this use permit that require the provision of off -site parking spaces prior to, the completion of the construction of the parking structure. 8. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 9. That the intersection of the private drives and public streets be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscaping, walls and other obstruction • shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twent6y -four inches in height. The sight distance requirement may be approximately modified at non - critical locations, subject to approval of the Traffic Engineer. -12- MINUTES 0 COMMISSICNNERS1 May 9, 1985 10. That the unused drive depression be removed and replaced with curb, gutter and sidewalk along the Birch Street frontage under an encroachment permit issued by the Public works Department. 11. That an access ramp be constructed per City Std. -181 -L at the intersection of Birch Street and MacArthur Boulevard under an encroachment permit issued by the Public Works Department. 12. Prior to occupancy of any building, the applicant shall provide written verification from the Orange County Sanitation District that adequate sewer capacity is available to serve the project. 13. County Sanitation District Fees shall be paid prior to issuance of any Building Permits. 14. That the MacArthur Boulevard driveway be widened to 28 feet using the City's Standard drive apron 161 -L with 25 -foot radii; and that the Birch Street drive apron be widened to 28 feet using the City Standard drive apron 161 -L with 25 -foot radii; and that the drive entrance be widened to have a 28 -foot throat. 15. That a maximum of 22% compact parking spaces are permitted. 16. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 17. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 18. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 19. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. -13- MINUTES x� c O � x m z c m m z Z a a T m City of Newport Beach 10. That the unused drive depression be removed and replaced with curb, gutter and sidewalk along the Birch Street frontage under an encroachment permit issued by the Public works Department. 11. That an access ramp be constructed per City Std. -181 -L at the intersection of Birch Street and MacArthur Boulevard under an encroachment permit issued by the Public Works Department. 12. Prior to occupancy of any building, the applicant shall provide written verification from the Orange County Sanitation District that adequate sewer capacity is available to serve the project. 13. County Sanitation District Fees shall be paid prior to issuance of any Building Permits. 14. That the MacArthur Boulevard driveway be widened to 28 feet using the City's Standard drive apron 161 -L with 25 -foot radii; and that the Birch Street drive apron be widened to 28 feet using the City Standard drive apron 161 -L with 25 -foot radii; and that the drive entrance be widened to have a 28 -foot throat. 15. That a maximum of 22% compact parking spaces are permitted. 16. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 17. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 18. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 19. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. -13- MINUTES COMMISSIONERSI May 9, 1985 MINUTES ROLL CALL I I I I I I I I I INDEX. is 20. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheet shall be furnished to the Building Depart- ment. 21. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for office space in the project and shall be included in any Covenants Conditions, and Restrictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledge that: a.) The John Wayne Airport may not be able to provide adequate air service for business establishments which relay on such service; b.) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c.) The City of Newport Beach will continue . to oppose additional commercial area service expansions at the John Wayne Airport; d.) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase or limit jet air service at the John Wayne Airport. 22. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning Department, and the Public Works Department. 23. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be -14- X R C O A f = C v 7 2 c m Z Z C Z 9 0 Z O L O , O m City a of Newport. Beach MINUTES ROLL CALL I I I I I I I I I INDEX. is 20. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheet shall be furnished to the Building Depart- ment. 21. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for office space in the project and shall be included in any Covenants Conditions, and Restrictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledge that: a.) The John Wayne Airport may not be able to provide adequate air service for business establishments which relay on such service; b.) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c.) The City of Newport Beach will continue . to oppose additional commercial area service expansions at the John Wayne Airport; d.) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase or limit jet air service at the John Wayne Airport. 22. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning Department, and the Public Works Department. 23. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be -14- "MbSIONEKS May 9, 1985 R a C O O x _ y a y m ' z c m o m z C z m O i 0 0 = p a m City of Newport Beach zW MINUTES ROLL CALL I I I I I I I I I INDEX regularly trimmed and kept in a healthy condition. 24. That any roof top or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 Dba at the property line. 25. That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code for the M -1 -A District. 26. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 27. That all mechanical equipment and trash areas shall be screened from the public streets and adjoining properties. • 28. That the project shall be so designed to eliminate light and glare of adjacent uses. All parking lot lighting shall be subject to the approval of the Planning Department. 29.. That the condition of the approved Traffic Study shall be fulfilled. 30. 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. 31. 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. 32. If it is the desire of the applicant to occupy the office building prior to completion of all required on -site parking, the applicant shall make arrangements with the Planning Department and the City Attorney's office to guarantee satisfactory completion of the required parking improvements. -15- Motion Ayes Absent P_.J 0 CO/V\/V\ISSIONERSI May 9, 1985 Amendment No. 617 (Continued Public Hearing) Request to consider amendments to Chapter 20.72 of the Newport Beach Municipal Code to include regulations pertaining to the establishment and operation of restaurants; to restrict the hours of operation of restaurants located adjacent to residential districts; to modify existing regulations pertaining to outdoor, 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 was made to continue this item to May 23, 1985. J x x x x Motion voted on, MOTION CARRIED. F. =. l A. Use Permit No. 3122 (Continued Public Hearing) MINUTES 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, a request to establish grade for the purpose of measuring height of proposed buildings, and the acceptance of an environ- mental document. -16- INDEX N � Item No.2 A617 Continued to Mav 23.1985 22 R R C O = c m i z C z W p$ 0 r 0 M= m City of Newport Beach a a Amendment No. 617 (Continued Public Hearing) Request to consider amendments to Chapter 20.72 of the Newport Beach Municipal Code to include regulations pertaining to the establishment and operation of restaurants; to restrict the hours of operation of restaurants located adjacent to residential districts; to modify existing regulations pertaining to outdoor, 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 was made to continue this item to May 23, 1985. J x x x x Motion voted on, MOTION CARRIED. F. =. l A. Use Permit No. 3122 (Continued Public Hearing) MINUTES 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, a request to establish grade for the purpose of measuring height of proposed buildings, and the acceptance of an environ- mental document. -16- INDEX N � Item No.2 A617 Continued to Mav 23.1985 22 'V1MIS5K_)NEK5 May 9, 1985 7t A c O Ci = y 9 m i c m m a 9 = r G I Z Z a m City of Newport Beach M M MINUTES ROLL CALL I I I I I I I I I INDEX • ! B. Resubdivision No. 797 (Continued 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: APPLICANT: OWNERS: ENGINEER: C. Use Pe C -1 Balboa Landing, Los Angeles Balboa Landing, Don Franklin and Roland Vallely, Newport Beach Woolsey Engineering, Irvine t No. 3076 AND Public 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. -17- "PAISSIONERS C MINUTES INDEX May 9, 1985 ZONE: C -1 o APPLICANT: Howard Properties, Newport Beach E a v = OWNER: Don Franklin, Corona del Mar z c m s m m z Planning Director James Hewicker pointed out that CZ co p3 0 r 0 correspondence has been received from the Balboa a= m City of Newport Beach Y 9= Association and Yavar Industries, R. E. stating their MINUTES INDEX ZONE: C -1 APPLICANT: Howard Properties, Newport Beach OWNER: Don Franklin, Corona del Mar Planning Director James Hewicker pointed out that correspondence has been received from the Balboa Peninsula Point Association, Balboa . Improvement Association and Yavar Industries, R. E. stating their support for the project. Mr. Hewicker referred to the addendum to the staff report in conjunction with Use Permit No. 3122, revised Condition No. 70, containing the policy of insurance, and the addition of Condition No. 81 regarding keeping the subterranean parking area of the parking structure dry; and Use Permit No. 3076, revised Condition No. 4 regarding the 58 parking spaces that are required for the Newport Landing Restaurant. The public hearing opened in connection with this item. • Mr. Jerry King, Jerry King & Associates, appeared before the Planning Commission, representing the applicant. Mr. King reviewed the application with explanations. He stated that the architectural feature that exceeds the 35 foot height limit is an architectural feature similar to a lighthouse. Mr. King further stated that the applicant is required to furnish 18 parking spaces as a one for one replacement for on- street parking spaces that are subject to loss as a result of a left -hand turn lane on East Balboa Boulevard at Adams Street, and that within a two year period there may be a requirement for those 18 spaces to be deleted from the public street. He said that the applicant has attempted to mitigate the issue by reducing the square footage of the restaurant that equates to the 18 parking spaces that are held in reserve in the structure and the applicant will not be allowed to build the additional square footage at this time. Mr. King stated that the proposal includes a five level parking structure, four levels above ground and one level below, which will include 256 parking spaces, and 5 handicapped parking spaces at the rear of the Newport Landing Restaurant, totalling 261 parking spaces. Mr. King cited that the applications are architecturally compatible, and the intent of, the applicant is to mitigate the parking requirements of the entire structure. -18- MINUTES INDEX COMMISSIONERS • 0 May 9, 1985 of Newport Beach Mr. King cited that the corner structures that were not included in the original application include two commercial uses and two dwelling units which have not had parking requirements. He said that if the subject occupants are enticed into the proposed retail shops, parking spaces will be provided for said tenants in the parking structure. included in this proposal will be parking spaces for the Newport Landing Restaurant and 15 parking spaces for the Fun Zone Marina. Mr. King referred to Use Permit No. 3122, Condition No. 48 in which he stated that the applicant is requesting a generator capable of operating only one elevator instead of three elevators. Mr. King emphasized that a generator strong enough to supply electricity for three elevators would be an over -kill situation for the subject structure, plus the power packs for the Space -O- Matics and lighting. Donald Webb, City Engineer, stated that the purpose is to have sufficient electricity to clear the structure, and that one standby generator would probably serve that purpose. Mr. Webb said that the purpose of the power packs is to lift the cars and if the power is off there would probably not be a need to move cars. The Space -O- Matics do not require much power, and that the power packs have emergency hand pumps. Commissioner Person opined that as the elevators do require power, the difference between one and three electric motors is not great in terms of kilowatt output and the cost of the generator is not much greater. In response to an inquiry from Commissioner Turner, Mr. King replied that the power pack is operated by a self - contained hydraulic unit, and a pump which also includes the emergency handle release runs the Space -O- Matics. Mr. Jim Bouzagoulu, appeared before the Planning Commission, and stated that a hydraulic elevator needs power to get to the highest landing, and to come down does not require any power. Mr. King referred to Condition No. 51 of Use Permit No. 3122, stating that the applicant requests that the condition read that the handicapped parking be contained behind the Newport Landing Restaurant as a convenience to the handicapped; Condition No. 56, the hours of operation be extended to 2:00 a.m., 7 nights a week; Condition No. 70, the applicant is requesting to receive the actual cost of the policy of insurance guaranteeing the .repair of damage caused by the construction process; to delete Condition No. 78 in -19- MINUTES a x C o £ a v = m z c C m m z D a r z 0 2 C Z M Z N O> 0 0 Z m m a m m Z 9 Z Z 9 2 r m • 0 May 9, 1985 of Newport Beach Mr. King cited that the corner structures that were not included in the original application include two commercial uses and two dwelling units which have not had parking requirements. He said that if the subject occupants are enticed into the proposed retail shops, parking spaces will be provided for said tenants in the parking structure. included in this proposal will be parking spaces for the Newport Landing Restaurant and 15 parking spaces for the Fun Zone Marina. Mr. King referred to Use Permit No. 3122, Condition No. 48 in which he stated that the applicant is requesting a generator capable of operating only one elevator instead of three elevators. Mr. King emphasized that a generator strong enough to supply electricity for three elevators would be an over -kill situation for the subject structure, plus the power packs for the Space -O- Matics and lighting. Donald Webb, City Engineer, stated that the purpose is to have sufficient electricity to clear the structure, and that one standby generator would probably serve that purpose. Mr. Webb said that the purpose of the power packs is to lift the cars and if the power is off there would probably not be a need to move cars. The Space -O- Matics do not require much power, and that the power packs have emergency hand pumps. Commissioner Person opined that as the elevators do require power, the difference between one and three electric motors is not great in terms of kilowatt output and the cost of the generator is not much greater. In response to an inquiry from Commissioner Turner, Mr. King replied that the power pack is operated by a self - contained hydraulic unit, and a pump which also includes the emergency handle release runs the Space -O- Matics. Mr. Jim Bouzagoulu, appeared before the Planning Commission, and stated that a hydraulic elevator needs power to get to the highest landing, and to come down does not require any power. Mr. King referred to Condition No. 51 of Use Permit No. 3122, stating that the applicant requests that the condition read that the handicapped parking be contained behind the Newport Landing Restaurant as a convenience to the handicapped; Condition No. 56, the hours of operation be extended to 2:00 a.m., 7 nights a week; Condition No. 70, the applicant is requesting to receive the actual cost of the policy of insurance guaranteeing the .repair of damage caused by the construction process; to delete Condition No. 78 in -19- MINUTES ROLL 'VIMISSIONERS May 9, 1985 In reference to Condition No. 14 of Resubdivision No. 797, Mr. King requested that the applicant only be z c m m E I 2 0 p X 0 0 a City of Newport Beach z Z s* m the block that they are occupying, and the applicant conjunction with the discontinuance of the Space -O- Matics in the future because the applicant feels that the condition is inappropriate for the subject project. Mr. Hewicker replied that Condition No. 78 was placed on the original project because of the reservations regarding the Space -O- Matics on a long term basis, and that the City may provide parking at a later date for residential and commercial users in the Balboa area. Mr. Hewicker stated that the only reason the City may request to remove the Space- O -Matic system is because the system was not successful, or it would be substituted by City parking which would allow the applicant to use that space for another purpose. Mr. King explained that the applicant's tenant lease agreement requires on -site parking and if the Space -O- Matics would be removed, then half of the parking would be immediately eliminated. Said provision would require an off -site parking area, which would be in violation of the tenant lease agreement. Mr. Charlie Bauman, 2150 Miramar Drive, appeared before the Planning Commission, as President of the Balboa Improvement Association and Balboa Peninsula Point Association, stating that the Associations approve of the project and are very impressed by the parking structure. Mr. Walter Koontz, representing Yavar Industries,. R. E., appeared before the Planning Commission, stating that Yavar Industries supports the project, and that the Planning Commission understands that Yavar Industries has a commitment for 15 parking spaces for • the Fun Zone Marina in the parking structure, and that there will be some assurance that those parking spaces will be available in case there is disruption on the site. Mr. Hewicker stated that 15 in -lieu parking spaces will be provided by the Newport Landing Restaurant in the municipal parking lot during the construction phase. -20- MINUTES In reference to Condition No. 14 of Resubdivision No. 797, Mr. King requested that the applicant only be responsible for underground utilities in the portion of the block that they are occupying, and the applicant has requested a clarification of the condition; Condition No. 21 of Resubdivision No. 797, the applicant is requesting a traffic signal at the corner of East Balboa Boulevard and Adams Street rather than at East Balboa Boulevard and Palm Street as requested by staff, however, the applicant understands that there may not be enough traffic at the subject intersection to warrant a traffic signal. Mr. Charlie Bauman, 2150 Miramar Drive, appeared before the Planning Commission, as President of the Balboa Improvement Association and Balboa Peninsula Point Association, stating that the Associations approve of the project and are very impressed by the parking structure. Mr. Walter Koontz, representing Yavar Industries,. R. E., appeared before the Planning Commission, stating that Yavar Industries supports the project, and that the Planning Commission understands that Yavar Industries has a commitment for 15 parking spaces for • the Fun Zone Marina in the parking structure, and that there will be some assurance that those parking spaces will be available in case there is disruption on the site. Mr. Hewicker stated that 15 in -lieu parking spaces will be provided by the Newport Landing Restaurant in the municipal parking lot during the construction phase. -20- MINUTES V\A/\ISSI()NLKS May 9, 1985 x x c o � Mr. Ian Garrad, President of Space -O- Matics, Inc. x . Z C m> A Z appeared before the Planning Commission. Mr. Garrad c= w o r o o = City M p • of Newport Beach that one power pack will drive up to 40 machines, taking 15 seconds to go up and 15 seconds to come down MINUTES ROLL CALL I I I I I I I I I INDEX Mr. Chuck Spiller, Balboa Island, appeared before the Planning Commission, in support of the project. Mr. Tom Hyans, 217. - 19th Street, Central Newport Association, appeared before the Planning Commission, stating that he has no comment to make on behalf of the Association; however, personally he likes the project. In response to a question posed by Mr. Hyans, Mr. King replied that the applicants will continue to meet with the residents every six months so that problems will be mitigated to the neighbors satisfaction. In response to a question posed by Chairman Winburn, Mr. King stated that construction may be able to start in September, 1985, and that the parking. structure and building will be constructed concurrently. Mr. William Laycock, Current Planning Administrator, informed Chairman Winburn that according to the previous staff report that there were no limited hours . of operation for the Newport Landing Restaurant. The public hearing closed at this time. Motion x Motion was made to approve Use Permit No. 3122, subject to the findings and conditions in Exhibit "A ", with the following revisions: Condition No. 48, eliminating the requirement of standby generators for three elevators and instead require a standby generator for only one elevator; Condition No. 51 insert "behind Newport Landing Restaurant" in conjunction with • handicapped parking; Condition No. 56 to allow the hours of operation to extend to 2:00 a.m. seven days a week; Condition No. 70 as amended by staff; deletion of Condition No. 78 in conjunction with the discontinuance of Space -O- Matics in the future, and the addition of Condition 81 as provided by staff. -21- Mr. Ian Garrad, President of Space -O- Matics, Inc. appeared before the Planning Commission. Mr. Garrad responded to Chairman Winburn's questions by stating • that one power pack will drive up to 40 machines, taking 15 seconds to go up and 15 seconds to come down and can be operated individually. Mr. Garrad stated that there have been minimal problems relative to salt air. In response to questions posed by Commissioner Goff, Mr. Garrad replied that the power pack is an electrical driven 10 horsepower motor driving a 10 gallon per minute hydraulic pump, and that it would only take a few minutes to repair if there would be breakdown of the power pack. Mr. William Laycock, Current Planning Administrator, informed Chairman Winburn that according to the previous staff report that there were no limited hours . of operation for the Newport Landing Restaurant. The public hearing closed at this time. Motion x Motion was made to approve Use Permit No. 3122, subject to the findings and conditions in Exhibit "A ", with the following revisions: Condition No. 48, eliminating the requirement of standby generators for three elevators and instead require a standby generator for only one elevator; Condition No. 51 insert "behind Newport Landing Restaurant" in conjunction with • handicapped parking; Condition No. 56 to allow the hours of operation to extend to 2:00 a.m. seven days a week; Condition No. 70 as amended by staff; deletion of Condition No. 78 in conjunction with the discontinuance of Space -O- Matics in the future, and the addition of Condition 81 as provided by staff. -21- Ayes • COMMISSIONERS Ix Ix x May 9, 1985 of Newport Beach Commissioner Person asked Commissioner Koppelman if she would accept an amendment to Condition No. 65 that states "that noise eminating from the building shall not exceed 65 CNEL ". Commissioner Koppelman agreed. Commissioner Person commented that he is in favor of the project, that the project is vital to the Central Balboa area, that the necessary parking spaces have been provided for, that there will be a renovation and cleaning up of the area and that he considers the project to be a welcome addition to the community. In reference to Condition No. 65, Mr. Hewicker explained that the standard that the Planning Commission has imposed, is that 55 dBA is a single event measurement and CNEL noise levels- are measured over an extended period of time. Commissioner Person stated that he was referring to Condition No. 58 from the June, 1984, Planning Commission minutes stating "that noise emanating from the structure shall not exceed 65 db CNEL at the property lines ". Commissioner Turner stated that Condition No. 33 of Use Permit No. 3122, limits the noise to 55 dBA. Mr. Webb stated that he believes that the single event dBA may be better to utilize as it may be more difficult to apply the CNEL reading without doing a 24 hour study and a dBA study may be done immediately. Commissioner Person withdrew his amendment to the motion. Chairman Winburn stated that she will support the motion because of the project's on -site parking, and that the revised Condition No. 70 covers the concerns that she previously had regarding a policy of insurance guaranteeing the payment of all damages caused by the construction process. Motion voted on to approve Use Permit No. 3122, subject to the findings and conditions in Exhibit "A ", including the revised conditions. MOTION CARRIED. Environmental Document FINDINGS: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the de- cisions on this project. -22- MINUTES INDEX x C C D O S z c m o m z a s A z r 0 x C z m p; 0 0 S m 2 z D .7 2 T m Ix Ix x May 9, 1985 of Newport Beach Commissioner Person asked Commissioner Koppelman if she would accept an amendment to Condition No. 65 that states "that noise eminating from the building shall not exceed 65 CNEL ". Commissioner Koppelman agreed. Commissioner Person commented that he is in favor of the project, that the project is vital to the Central Balboa area, that the necessary parking spaces have been provided for, that there will be a renovation and cleaning up of the area and that he considers the project to be a welcome addition to the community. In reference to Condition No. 65, Mr. Hewicker explained that the standard that the Planning Commission has imposed, is that 55 dBA is a single event measurement and CNEL noise levels- are measured over an extended period of time. Commissioner Person stated that he was referring to Condition No. 58 from the June, 1984, Planning Commission minutes stating "that noise emanating from the structure shall not exceed 65 db CNEL at the property lines ". Commissioner Turner stated that Condition No. 33 of Use Permit No. 3122, limits the noise to 55 dBA. Mr. Webb stated that he believes that the single event dBA may be better to utilize as it may be more difficult to apply the CNEL reading without doing a 24 hour study and a dBA study may be done immediately. Commissioner Person withdrew his amendment to the motion. Chairman Winburn stated that she will support the motion because of the project's on -site parking, and that the revised Condition No. 70 covers the concerns that she previously had regarding a policy of insurance guaranteeing the payment of all damages caused by the construction process. Motion voted on to approve Use Permit No. 3122, subject to the findings and conditions in Exhibit "A ", including the revised conditions. MOTION CARRIED. Environmental Document FINDINGS: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the de- cisions on this project. -22- MINUTES INDEX V\N\bN(_)JtKS May 9, 1985 x x C O o x m z c m z M z r m City of Newport Beach a a MINUTES ROLL CALL I I I I III I I INDEX 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce poten- tially significant environmental effects, and that the project will not result in significant en- vironmental impacts. Use Permit No. 3122 FINDINGS: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. The proposed use of parking spaces which are not • independently accessible and the use of compact car spaces will not, under the circumstances 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 further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 3. The approval of Use Permit No. 3122 will not, under the circumstances of this case be detri- mental 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. 4. The increased building height will result in more public visual open space and views than is required by the basic height limit. 5. The increased building height will result in a more desirable architectural treatment of the . building and a stronger and more appealing visual character of the area than could be provided with in the basic height limit. -23- COMMISSIONERS1 May 9, 1985 MINUTES ROLL CALL I I I I I I I I I INDEX 6. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces. 7. The structure will have no more floor area than could have been achieved without the use permit. 8. That the proposed project is in keeping with the desired character of the specific plan area as identified in the General Plan. 9. That the proposed use will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. 10. That adequate parking has been provided for the proposed development within the on -site parking structure and that the applicant has provided 18 • additional parking spaces in the parking structure so as to compensate for the potential loss of on- street parking on East Balboa Boulevard should a left turn lane be required at Adams Street and East Balboa Boulevard. 11. That the waiver of the take -out restaurant devel- opment standards as they relate to perimeter fencing, a portion of the required parking, building setbacks, walls and landscaping will be of no further detriment to adjacent properties inasmuch as the proposed take -out restaurant is part of a larger overall development which in some ways is not conducive to such standards, but is designed in a way that meets the purpose and intent of such design standards. 12. 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. 13. That the proposed parking structure has been designed so as to screen the view of open parking spaces located on the roof of the structure. -24- xx c O X X _ M a 9 m z c C m z m z C z W o s o T 0 City of Newport Beach 9 a m MINUTES ROLL CALL I I I I I I I I I INDEX 6. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces. 7. The structure will have no more floor area than could have been achieved without the use permit. 8. That the proposed project is in keeping with the desired character of the specific plan area as identified in the General Plan. 9. That the proposed use will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. 10. That adequate parking has been provided for the proposed development within the on -site parking structure and that the applicant has provided 18 • additional parking spaces in the parking structure so as to compensate for the potential loss of on- street parking on East Balboa Boulevard should a left turn lane be required at Adams Street and East Balboa Boulevard. 11. That the waiver of the take -out restaurant devel- opment standards as they relate to perimeter fencing, a portion of the required parking, building setbacks, walls and landscaping will be of no further detriment to adjacent properties inasmuch as the proposed take -out restaurant is part of a larger overall development which in some ways is not conducive to such standards, but is designed in a way that meets the purpose and intent of such design standards. 12. 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. 13. That the proposed parking structure has been designed so as to screen the view of open parking spaces located on the roof of the structure. -24- COA/\/\/\ISSIONERSI May 9, 1985 MINUTES 2. That all applicable conditions of Resubdivision No. 797 shall be fulfilled. 3. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 4. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 5. The grading permit shall include, a description of • haul routes access points to the site and watering and sweeping program designed to minimize impact of haul operations on the public streets system. The routes and cleaning program shall be approved by the Public Works Department. 6. An erosion, siltation and dust control plan, if required shall be submitted and be subject to the approval of the Building Department and a copy will be forwarded to the California Regional Water Quality Control Board Santa Ana Region. 7. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist based upon the completion of a comprehensive soil and geologic investigation of the site. This shall establish parameter of design for the proposed structure and also provide recommendations for grading. Permanent reproduc- ible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. aA C O = a y m z c m o m z 8. Prior to the issuance of building permits the City • = w o 3 0 0 9= p r m City of Newport Beach a a ROLL CALL may require the applicant to provide documentation of existing structural conditions in the vicinity INDEX of the proposed project and the estimated extent CONDITIONS: and impact of subsidence on surrounding struc- 1. That all development ,shall be in substantial conformance with the approved plot plan, floor plans, elevations and sections except as noted below. 2. That all applicable conditions of Resubdivision No. 797 shall be fulfilled. 3. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 4. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 5. The grading permit shall include, a description of • haul routes access points to the site and watering and sweeping program designed to minimize impact of haul operations on the public streets system. The routes and cleaning program shall be approved by the Public Works Department. 6. An erosion, siltation and dust control plan, if required shall be submitted and be subject to the approval of the Building Department and a copy will be forwarded to the California Regional Water Quality Control Board Santa Ana Region. 7. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist based upon the completion of a comprehensive soil and geologic investigation of the site. This shall establish parameter of design for the proposed structure and also provide recommendations for grading. Permanent reproduc- ible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. -25- 8. Prior to the issuance of building permits the City • may require the applicant to provide documentation of existing structural conditions in the vicinity of the proposed project and the estimated extent and impact of subsidence on surrounding struc- -25- ROLL VIMISSIONERS may 9, 1985 xx c O � x _ M a y m C C S N p 9 0 0 M 9 City of Newport Beach = a tures, utilities and other improvements, to the satisfaction of the Building and Safety, Public Works and Planning Departments of the City of Newport Beach. . 9. If required by the City, during excavation and throughout dewatering of the project site, the applicant shall monitor the extent of subsidence and its associated impacts through placement of appropriate testing devices under the supervision and surveillance of a qualified soils engineer. The City shall be kept informed in a manner approved by the Building Department and Public Works Department regarding any structural impacts on adjacent properties and other improvements and if necessary, construction processes shall be modified to eliminate such impacts and the appli- cant shall repair any improvements damaged by subsidence. • 10. Prior to issuance of any grading or building permits, a National Pollutant Discharge Elimina- tion System (NPDES) permit shall be obtained establishing discharge requirements for water extracted during dewatering processes if the process is necessary for project construction. 11. Suspended solids (sand) shall be separated from extracted water to comply with specified standards prior to disposal. Sand disposal shall be at a location and by a method approved by the Santa Ana Regional Water Quality Control Board and the City of Newport Beach. 12. Provisions shall be made, if necessary, for the treatment of hydrogen sulfur (H S) in groundwater by Chlorination in order to comply with standards specified by the Santa Ana Regional Water Quality Control Board prior to disposal into Newport Bay and to control odors emanating from dewatering process. 13. Unreacted chlorine resulting from treatment of H ?S shall be neutralized, if necessary, by methods approved by the Santa Ana Regional Water Quality • Control Board prior to disposal of water into Newport Bay. 14. All onsite drainage shall be approved by the Building Department. -26- MINUTES MANSNONEKS May 9, 1985, A A C O O x - z c m � � z C 2 m p 3 0 0 M Z a City of Newport Beach MINUTES ROLL CALLT I I I J i l l IINDEX 15. Electric pump motors shall be required for any dewatering equipment to reduce potential noise levels and approved by the Building Department. 16. During construction, noise producing equipment shall be enclosed by barriers or baffled in a manner established by a qualified acoustical engineer to the satisfaction of the Planning and Building Departments. 17. Prior to issuance of building and /or grad- ing /demolition permits, the Planning Department shall approve a signing construction program for the proposed project. 18. An Army Corps of Engineers permit and a Harbor permit shall be obtained prior to any alteration of bulkheads. 19. Should barges be utilized for construction, a Harbor permit shall be obtained. 20. Demolition and construction shall not be commenced until after September 2, 1985, to avoid peak seasonal traffic or shall be accomplished in a manner satisfactory to the Planning and Building Departments during the period of June 1 or the day after Labor Day. 21. In order to ascertain periods of greatest poten- tial impact from noise, vibration, and congestion, the project applicant shall submit a detailed construction schedule to the City of Newport Beach, outlining the time frame for each phase of construction prior to or at the time of applica- tion for building permits. The construction schedule shall be approved by the Planning and Building Departments. 22. The relocation of public utilities shall be coordinated with and approved by local utility companies and public agencies as appropriate. -27- 23. That all access to the building be approved by the Fire Department. • 24. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. -27- COM May 9, 1985 Of MINUTES Beach INDEX x x C o 0 x m z c m o m z 2 r o X Z H 6 0 o O 0 m m s r o Z a Z = ay, r m May 9, 1985 Of MINUTES Beach INDEX -28- 25. Fire vehicle access shall be approved by the Fire Department for all public rights of way and easements improved by the applicant. 26. The building contractor shall examine existing streets to ensure that trucks assigned to the project can negotiate required turns and demon- strate such to the satisfaction of the Public Works and Building Departments. 27. If required, a system of barriers and overhead protection shall be provided during the demolition processes in order to prevent debris from falling into adjacent streets and Newport Bay to the satisfaction of the Building and Marine Safety Departments. 28. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. • 29. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 30. The landscaping plans adjacent to the parking garage entrance shall be reviewed and approved by the Public Works Department and the Department of Parks, Beaches, and Recreation for sight distance requirements. 31. The structure, shall retain a single design theme (both interior and exterior). Signage shall be of similar design throughout the buildings, and shall be approved by the Planning Department and City Traffic Engineer. 32. All mechanical equipment, vents, and other service equipment shall be shielded or screened by archi- tectural design. 33. That any roof top or other mechanical equipment shall be sound attentuated to be no greater than 55 dBA at the property lines. • 34. That any mechanical equipment, and emergency power generators shall be screened from view and noise associated with said shall be attenuated to acceptable levels in receptor areas. Sound -28- COMMISSIONERS May 9, 1985 of Newport Beach F x ... c o � attenuation shall be based upon the recommenda- x m z c C m> m z C S r O 2 Z X z a 3 M O O X m 0 0 m s r r 2 9 = 8 Z +i m May 9, 1985 of Newport Beach MINUTES INDEX attenuation shall be based upon the recommenda- tions of a qualified acoustical engineer, and be approved by the Planning Department. 35. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 36. All work on the site shall be done in accordance with City Council Policy K -5 and K -6. Verifica- tion of said work shall be provided to the Build - ing and Planning Departments. 37. That an entirely enclosed trash storage room shall be provided for the proposed project. Said room shall be secured at all times and shall be acces- sible to the project tenants and management only. 38. That a centralized trash compaction system shall • be provided for the proposed project and shall be used for the compaction and handling of all trash generated from the project. 39. That a commercial trash pick -up shall be provided three times a week during the winter months and six times a week during the summer months. 40. That a cleanup program for public walkways and on -site pedestrian circulation areas shall be conducted on a daily basis. Said cleanup program shall include steam cleaning all public and private pedestrian walkways adjacent to and within the subject property and that said cleaning shall be. provided twice a month during the summer season and once a month during the remainder of the year. 41. That the trash storage room shall be equipped with a washout area with drain that shall be connected to the sanitary sewer system. 42. That the applicant shall provide a $5,000 cash deposit to the City of Newport Beach which shall be deposited in an interest bearing account to the benefit of the applicant for the purpose of • insuring the required steam cleaning of public sidewalks and private onsite pedestrian walkways adjacent to and within the subject property. -29- MINUTES INDEX COM • • May 9, 1985 City of Newport Beach 43. The applicant shall provide a site security plan for the proposed project which shall be subject to the approval of the Police Department. Said plan shall fully describe proposed security measures for the project site (i.e., lighting, fencing patrols, key card access system). 44. That the security lighting shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent area. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 45. Prior to use of the parking structure, the appli- cant shall prepare a parking operations plan which will set forth the manner in which the parking structure will operate, to include but not limited to. valet parking procedures; voice communication measures for valets; vehicle elevator operations; and Space- O -Matic operations. Said parking structure operations plan shall be subject to the approval of the City Traffic Engineer and the Planning Department. 46. Access parking and pedestrian circulation shall be subject to further review and approval by the Traffic Engineer and the Planning Department prior to the issuance of a grading permit. 47. Ramp slopes shall not encroach into the required back up aisle unless said slopes are flatter than 5 percent. 48. A standby generator shall be provided that is capable of supplying adequate electricity to run one elevator and the power packs for the Space -O- Matics. 49. The applicant shall bond for a period of two years after occupancy an amount sufficient to cover the costs of providing a left -turn lane on East Balboa Boulevard. Said lane to be implemented if de- termined to be necessary through a review by the Public Works Department. -30- MINUTES INDEX � a c o � x m C 2 C AI D R1 z C S N M; 0 0 m D Z a = X z r m • • May 9, 1985 City of Newport Beach 43. The applicant shall provide a site security plan for the proposed project which shall be subject to the approval of the Police Department. Said plan shall fully describe proposed security measures for the project site (i.e., lighting, fencing patrols, key card access system). 44. That the security lighting shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent area. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 45. Prior to use of the parking structure, the appli- cant shall prepare a parking operations plan which will set forth the manner in which the parking structure will operate, to include but not limited to. valet parking procedures; voice communication measures for valets; vehicle elevator operations; and Space- O -Matic operations. Said parking structure operations plan shall be subject to the approval of the City Traffic Engineer and the Planning Department. 46. Access parking and pedestrian circulation shall be subject to further review and approval by the Traffic Engineer and the Planning Department prior to the issuance of a grading permit. 47. Ramp slopes shall not encroach into the required back up aisle unless said slopes are flatter than 5 percent. 48. A standby generator shall be provided that is capable of supplying adequate electricity to run one elevator and the power packs for the Space -O- Matics. 49. The applicant shall bond for a period of two years after occupancy an amount sufficient to cover the costs of providing a left -turn lane on East Balboa Boulevard. Said lane to be implemented if de- termined to be necessary through a review by the Public Works Department. -30- MINUTES INDEX COMMISSIONERS • 0 May 9, 1985 of Newwrt Beach 50. The applicant shall provide a signing program on Balboa Boulevard to encourage persons destined for the project site to turn at Adams Street. 51. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engi- neer. The handicapped parking shall be designed so as to be independently accessible and available for self parking behind the Newport Landing Restaurant. - 52. No additional restaurant facilities shall be permitted on -site without the approval of an amendment to this use permit. Furthermore, the approved restaurant and cocktail lounge uses shall not expand their operations onto the second and third level observation decks beyond the approval of this use permit, without the approval of an amendment to this application. That public access to the decks to be utilized by the public shall not be restricted during normal business hours. 53. That a minimum of one parking space per 40 sq. ft. of "net public area "(i.e. 138 parking spaces) shall be provided for the proposed restaurant facility and the cafe /lounge. 54. That no on -sale or off -sale alcoholic beverages shall be sold in the take -out restaurant unless an amendment to this use permit is approved. 55. That grease interceptors shall be installed on all fixtures in the restaurant facilities where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 56. That the hours of operation for the restaurants and cocktail lounge shall be limited between the hours of 5:00 a.m. to 2:00 a.m., seven days a week. 57. That the development standards to a portion of the required off - street parking spaces, perimeter fencing, building setbacks, circulation, walls, and landscaping requirements are waived for the take -out restaurant facility. -31- MINUTES x O C 0 z c m a m z W D S z r O 2 C S N p T. 0 0 Z m D Z z .9 2 T m • 0 May 9, 1985 of Newwrt Beach 50. The applicant shall provide a signing program on Balboa Boulevard to encourage persons destined for the project site to turn at Adams Street. 51. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engi- neer. The handicapped parking shall be designed so as to be independently accessible and available for self parking behind the Newport Landing Restaurant. - 52. No additional restaurant facilities shall be permitted on -site without the approval of an amendment to this use permit. Furthermore, the approved restaurant and cocktail lounge uses shall not expand their operations onto the second and third level observation decks beyond the approval of this use permit, without the approval of an amendment to this application. That public access to the decks to be utilized by the public shall not be restricted during normal business hours. 53. That a minimum of one parking space per 40 sq. ft. of "net public area "(i.e. 138 parking spaces) shall be provided for the proposed restaurant facility and the cafe /lounge. 54. That no on -sale or off -sale alcoholic beverages shall be sold in the take -out restaurant unless an amendment to this use permit is approved. 55. That grease interceptors shall be installed on all fixtures in the restaurant facilities where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 56. That the hours of operation for the restaurants and cocktail lounge shall be limited between the hours of 5:00 a.m. to 2:00 a.m., seven days a week. 57. That the development standards to a portion of the required off - street parking spaces, perimeter fencing, building setbacks, circulation, walls, and landscaping requirements are waived for the take -out restaurant facility. -31- MINUTES COMMISSIONERS May 9, 1985 MINUTES " x A C O = z C M v m 9= a a T m City of Newport Beach �= H O a O O a ROLL CALL INDEX 58. That the applicant shall provide free parking in the parking structure for all employees of the Newport Landing Restaurant and all Edgewater Place Development. All employees shall park on -site. 59. That the proposed parking structure shall be available for parking to the general public and not for the exclusive use of the Newport Landing and Edgewater Place Development. 60. Valets shall be required from one hour before to one hour after normal business hours of all building tenants. 61. Access to tandem and Space- O -Matic spaces shall be controlled at all times. 62. Space- O -Matic devices shall not encroach into required stall sizes. • 63. That applicant shall demonstrate to the satisfac- tion of the City Traffic Engineer the availability of compact size Space -O- Matics prior to the issuance of any grading or building permits. 64. The parking program, shall be designed so as to be a part of any lease agreement and lessee shall not be required to buy validation on an optional basis. 65. That all music and live entertainment shall be confined to the interior of the building and all windows and doors of the restaurant and lounge shall remain closed during such activities. 66. Nighttime lighting shall be limited to that which is customary for normal business operations and consistent with the proposed project design and architectural style. Outlining of the proposed structure, shall be permitted in a manner consis- tent with that of the Pavilion. The outlining, if accomplished, shall use smaller and dimmer bulbs than the Pavilion. Said lighting plans shall be approved by the Planning Director. 67. Fugitive dust emissions during demolition and construction shall be minimized by watering the site for dust control, containing excavated soil onsite until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. -32- COMMISSIONERS May 9, 1985 MINUTES 68. Heating and cooling systems shall be designed to take advantage of the natural site orientation and existing natural ventilation patterns to the maximum degree practical. 69. Prior to occupancy of the building, the applicant shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 70. The applicant shall acquire a policy of insurance guaranteeing the payment for all damages to private property, business interruption, or other economic loss caused by the construction process and shall provide a copy of the policy to the Planning Director and the City Attorney. I I I I I I I I 71. That the proposed decorative cupola shall not exceed thirty -nine feet, six inches (39'6 "), height measured from approved grade. The flag poles shall not exceed fifty feet (50') above approved grade. 72. Any construction on the site shall be done in accordance with the permitted height restriction. This shall apply to any landscape materials, signs, flags, etc. as well as structures, except as may be modified by the approval of this appli- cation. 73. That no outdoor sales or display of merchandise shall be permitted within the public walkway adjacent to Newport Bay. 74. That provisions shall be made for bicycle parking on the site for a minimum of 25 bicycles. 75. Signing for the project shall be approved by the City Traffic Engineer. 76. The driveway surfaces in the parking structure shall receive appropriate treatment to minimize or eliminate tire noise, and speed control within the structure shall be observed by parking attendants to further mitigate any potential noise associated with parking activities. 77. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. -33- A A C O O 2 - v a ; m C z c m � � z c a Z m o! 0 0 City of Newport Beach Z a 2 68. Heating and cooling systems shall be designed to take advantage of the natural site orientation and existing natural ventilation patterns to the maximum degree practical. 69. Prior to occupancy of the building, the applicant shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 70. The applicant shall acquire a policy of insurance guaranteeing the payment for all damages to private property, business interruption, or other economic loss caused by the construction process and shall provide a copy of the policy to the Planning Director and the City Attorney. I I I I I I I I 71. That the proposed decorative cupola shall not exceed thirty -nine feet, six inches (39'6 "), height measured from approved grade. The flag poles shall not exceed fifty feet (50') above approved grade. 72. Any construction on the site shall be done in accordance with the permitted height restriction. This shall apply to any landscape materials, signs, flags, etc. as well as structures, except as may be modified by the approval of this appli- cation. 73. That no outdoor sales or display of merchandise shall be permitted within the public walkway adjacent to Newport Bay. 74. That provisions shall be made for bicycle parking on the site for a minimum of 25 bicycles. 75. Signing for the project shall be approved by the City Traffic Engineer. 76. The driveway surfaces in the parking structure shall receive appropriate treatment to minimize or eliminate tire noise, and speed control within the structure shall be observed by parking attendants to further mitigate any potential noise associated with parking activities. 77. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. -33- May 9, 1985 oil Beach MINUTES ROLL CALL I I I I I I I I I INDEX Motion 1 I I I Ayes Ix Ix x x • 78. Deleted. 79. 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. 80. 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. 81. A system of garage floor drainage shall be designed to keep the subterranean parking area dry and to remove oil and grease from collected wastewater prior to disposal into public drains and /or Newport Bay. This sytem shall meet the specifications of the City of Newport Beach and the Regional Water Quality Control Board, Santa Ana Region. Motion was made to approve Resubdivision No. 797, subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. RESUBDIVISION NO. 797 FINDINGS: 1. 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. 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 subdivision. 4. That the grades for the subject property estab- lished as a result of minimum elevations required -34- x x c o x _ - v 9 'z z c m m m a x z r n x W_ o Z o 0 W m 0 o m s T Z s z a a M m May 9, 1985 oil Beach MINUTES ROLL CALL I I I I I I I I I INDEX Motion 1 I I I Ayes Ix Ix x x • 78. Deleted. 79. 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. 80. 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. 81. A system of garage floor drainage shall be designed to keep the subterranean parking area dry and to remove oil and grease from collected wastewater prior to disposal into public drains and /or Newport Bay. This sytem shall meet the specifications of the City of Newport Beach and the Regional Water Quality Control Board, Santa Ana Region. Motion was made to approve Resubdivision No. 797, subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. RESUBDIVISION NO. 797 FINDINGS: 1. 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. 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 subdivision. 4. That the grades for the subject property estab- lished as a result of minimum elevations required -34- COMMISSIONERSI May 9, 1985 MINUTES ROLL CALL I I I I I I I I I INDEX by the Public Works Department and which will be used for measuring building heights are reason- able; in keeping with adjacent properties and public safety; and the intent of the height limitation ordinance. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the public. improvements if it is desired to record the parcel map or obtain a building permit prior to completion of the public improvements. 4. That all work within the public right of way be I completed under an encroachment permit issued by the Public works Department. 5. That a storm drain inlet at the Palm Street and Adams Street street ends be constructed and that a' valve be installed in the storm drain at Adams Street unless otherwise approved by the Public Works Department. 6. That the intersection of the private drives with the public streets be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstruction shall be considered in the sight distance require- ments. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 7. That corner cutoffs, acceptable to the Public Works Department, at the corner of Adams Street and East Bay Avenue and and at the corner of Palm Street and East Bay Avenue be dedicated to the • public for pedestrian purposes. 8. That street, drainage and utility improvement be shown on standard improvement plans prepared by a licensed civil engineer. -35- 7 R A C 2 m T z C_ C a= 0 O L O M O m a City of Newport Beach a MINUTES ROLL CALL I I I I I I I I I INDEX by the Public Works Department and which will be used for measuring building heights are reason- able; in keeping with adjacent properties and public safety; and the intent of the height limitation ordinance. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the public. improvements if it is desired to record the parcel map or obtain a building permit prior to completion of the public improvements. 4. That all work within the public right of way be I completed under an encroachment permit issued by the Public works Department. 5. That a storm drain inlet at the Palm Street and Adams Street street ends be constructed and that a' valve be installed in the storm drain at Adams Street unless otherwise approved by the Public Works Department. 6. That the intersection of the private drives with the public streets be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstruction shall be considered in the sight distance require- ments. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 7. That corner cutoffs, acceptable to the Public Works Department, at the corner of Adams Street and East Bay Avenue and and at the corner of Palm Street and East Bay Avenue be dedicated to the • public for pedestrian purposes. 8. That street, drainage and utility improvement be shown on standard improvement plans prepared by a licensed civil engineer. -35- COMMISSIONERS1 May 9, 1985 MINUTES xx � o 9 9 9 M Z C m ,p a a= m City of Newport Beach = N c s o o ma s ROLL CALL INDEX 9. That a study of existing public water, sewer and storm drain facilities available to the site be made by the development prior to recording the parcel map, to .determine their capacities. Any upgrading modifications or extensions to the existing storm drain, water and sewer systems shown to be required shall be the responsibility of the developer. All work on the public sewer, water, and storm drain systems shall be completed or bonded for prior to issuance of any building permits. 10. That the existing deteriorated street lights along the property frontages be replaced with new street lights as approved by the Public Works Department and Utilities Department unless otherwise approved high - pressure, sodium -vapor luminaires with multiple A wiring system shall be provided. 12. That any tables in the pedestrian easement area be is for for general public use and that no food or beverages be served to customers at the tables by adjoining restaurants. -36- 11. The landscape plan shall be designed so as to be • visually cohesive with the character of the Central Balboa area. Palm Street shall be planted with palm trees. East Bay Avenue, Adams Street, and Edgewater Place shall be landscaped with trees in such a manner as to achieve a canopy effect similar to Main Street in the Central Balboa area; that all landscaping and non - standard paving surfaces within the public right of way and pedestrian easement be approved for maintenance of the non - standard improvements. That special paving treatment common to the project and coor- dinated with the Fun Zone project, shall be provided for the public sidewalk areas on Palm Avenue and East Bay Avenue, and from the proposed building line to the bulkhead line and for all of Adams Street and the adjacent alley in a manner acceptable to the Public Works and Planning Departments; that street signs, tables, benches, planters,, and other similar features on site or adjacent to the project site shall be designed with a common theme and shall be approved by the Public Works) Parks, Beaches, and Recreation; and Planning Departments. 12. That any tables in the pedestrian easement area be is for for general public use and that no food or beverages be served to customers at the tables by adjoining restaurants. -36- COMMISSIONERS May 9, 1985 MINUTES xx c O � x m z c m z A = 9 a m City of Newport Beach ROLL CALL INDEX 13. That the existing curb returns at the corner of East Bay Avenue and Adams Street be reconstructed with an access ramp; that the existing deteriorat- ed concrete sidewalk and curb along the Palm Street, East Bay Avenue and Adams Street frontages be reconstructed and that any unused driveway aprons be removed and replaced with curb and sidewalk; that sidewalk width of 9' -6" on Palm Street be maintained and that a 1' -6" easement for pedestrian purposes be granted to the City; and that an 8 foot wide sidewalk be constructed on East Bay Avenue and that the required additional right of way be dedicated to the City for pedes- trian purposes. 14. That the existing overhead utilities along the Adams Street, alley, and Palm Street frontages shall be undergrounded. 15. That there be no permanent underground structural • encroachments into the public right of way without the approval of an encroachment permit and that any temporary encroachments be subject to the approval of the Public Works Department. 16. That the applicant repair or replace (as de- termined by Utilities Department and Public Works Department) any utility damaged through subsidence or any other construction activity related to the proposed development. 17. That during the construction period, a minimum 12 foot wide surface pedestrian way be maintained along the bay on weekends and holidays between April 1 and June 15 and September 15 and October 15; and that the 12 foot pedestrian way be main- tained at all times between June 15 and September 15. 18. The owner shall grant public access rights to the City and enter into an agreement with the City to keep the area from the bulkhead to the proposed structure free from hindrances to public access and to repair and keep the area in good and safe condition at their sole cost and expense. -37- 19. That the applicant shall enter into an agreement • and post a bond guaranteeing the repair of all damage to the public street system and /or util- ities that might be caused by the construction process. -37- COMMISSIONERSI May 9, 1985 MINUTES ROLL CALL 1 1 1 1 1 1 1 1 1 INDEX 20. That a minimum 15 foot clear area be maintained within the easement area that will exist from the proposed building line to the bulkhead line. The exact location and design of said area shall be subject to the approval of the Planning Depart- ment; Public Works Department; and Parks, Beaches, and Recreation Department. 21. That a traffic signal be installed at the inter- section of East Balboa Boulevard and Palm Street prior to occupancy. If other developments are required to construct this signal, up to 50% of the cost may be reimbursed by those developments. 22. That the parking garage shall be designed to accommodate short term parking spaces to the satisfaction of the City Traffic Engineer and the Planning Department; and that the design of all parking levels shall be subject to further review and approval of the City Traffic Engineer. • 23. That the existing 10 foot wide alley between Adams Street and Palm Street be abandoned prior to issuance of a building permit; that an ingress, egress agreement be provided between adjacent property owners fronting the existing alley; that the private alley have a minimum width of 18 feet (building separation); and approved by the Public Works Department with relocation of public util- ities coordinated with and approved by local utility companies and public agencies as appropri- ate. 24. Prior to the issuance of building permits, the City may require the applicant to provide documen- tation of existing structural conditions in the vicinity of the proposed project and the estimated extent and impact of subsidence on surrounding structures, utilities and other improvements, to the satisfaction of the Building and Safety, Public Works and Planning Departments of the City of Newport Beach. 25. During any closure of adjoining streets which may be required during the proposed construction • phases, alternative pedestrian circulation shall be provided to the satisfaction of the City of Newport Beach Planning and Public Works Depart- ments. m R R n :E y V r 9 z c m> T z c z W a n z O; O T O m City of Newport Beach MINUTES ROLL CALL 1 1 1 1 1 1 1 1 1 INDEX 20. That a minimum 15 foot clear area be maintained within the easement area that will exist from the proposed building line to the bulkhead line. The exact location and design of said area shall be subject to the approval of the Planning Depart- ment; Public Works Department; and Parks, Beaches, and Recreation Department. 21. That a traffic signal be installed at the inter- section of East Balboa Boulevard and Palm Street prior to occupancy. If other developments are required to construct this signal, up to 50% of the cost may be reimbursed by those developments. 22. That the parking garage shall be designed to accommodate short term parking spaces to the satisfaction of the City Traffic Engineer and the Planning Department; and that the design of all parking levels shall be subject to further review and approval of the City Traffic Engineer. • 23. That the existing 10 foot wide alley between Adams Street and Palm Street be abandoned prior to issuance of a building permit; that an ingress, egress agreement be provided between adjacent property owners fronting the existing alley; that the private alley have a minimum width of 18 feet (building separation); and approved by the Public Works Department with relocation of public util- ities coordinated with and approved by local utility companies and public agencies as appropri- ate. 24. Prior to the issuance of building permits, the City may require the applicant to provide documen- tation of existing structural conditions in the vicinity of the proposed project and the estimated extent and impact of subsidence on surrounding structures, utilities and other improvements, to the satisfaction of the Building and Safety, Public Works and Planning Departments of the City of Newport Beach. 25. During any closure of adjoining streets which may be required during the proposed construction • phases, alternative pedestrian circulation shall be provided to the satisfaction of the City of Newport Beach Planning and Public Works Depart- ments. m ROLL COMMISSIONERS May 9, 1985 )t R c O � x Z c m Z m z C a w o g 0 0 i Z 9= A a, m City of Newport Beach 26. All activities that require full or partial street closures, prohibition, heavy.truck traffic, large or heavy loads or similar activities shall be approved by the Police Department and City Traffic Engineer. 27. Trucks shall utilize Adams Street and Palm Street for ingress and egress; closure of Palm Street shall be prohibited at any time. 28. Construction workers shall utilize public parking lots at Palm Street and Main Street. The appli- cant shall purchase parking permits in a manner approved by the City. One space for each con- struction worker on the site during the con- struction period shall be purchased. At the earliest possible date, which shall be established by the Building Department, all construction workers shall be required to park in the parking structure. • 29. An engineer's report shall be provided to the City Building Department on the adequacy of the exist- ing bulkhead, including inspection and evaluation of all tie rods, and shall be prepared by the applicant prior to the issuance of a grading permit and approved by the Building and Marine Safety Departments for the proposed project, and that the existing bulkheads be raised to elevation 9.0 (L.L.W.) 30. That the on -site grade for the purpose of measuring building height for the subject project shall be established in accordance with the minimum grades established by the Public Works Department for public walkways and sidewalks adjacent to the project site. 31. That a title report be obtained to ascertain the status of title to Edgewater Place. If it is determined that the applicant and landowner has the underlying fee interest, then an easement for pedestrian and public utilities purposes shall be granted to the City over and under Edgewater Place estimated to be 34.8± feet wide and across the . frontage of Parcel 1. If Edgewater Place is determined to be under public domain then the applicant /landowner shall quit claim to the City any rights they might have to Edgewater Place or other portions of the property shown to be public. -39- MINUTES CO/V\AAISSIONERSI May 9, 1985 32. 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 x Motion was made to approve Use Permit No. 3076, subject Ayes x x x x x x x to the findings and conditions in Exhibit "A ", including revised Condition No. 4 as recommended by staff. Motion voted on, MOTION CARRIED. Use Permit No. 3076 (Review) FINDINGS: 1. That adequate off - street parking for the proposed restaurant will be provided in the Edgewater Place parking structure. CONDITIONS: 1. That an amended off -site parking agreement shall be approved by the the City Council guaranteeing that a minimum of 73 parking spaces shall be provided on Lots 7, 8, 9, 10, 11, and 12, Block 3 of Bayside Tract and Lots 22 and 23, Block A of Bayside Tract for the duration of the restaurant use or until such time as other parking arrange- ments are approved by the Planning Commission. 2. That the applicant shall purchase 73 in -lieu parking spaces in order to provide interim parking for the subject restaurant and related uses. Said in -lieu parking spaces shall be purchased for that period in which any portion of the existing required parking spaces are not provided in the approved off -site location. 3. Until such time as the proposed Edgewater Place parking structure is completed, the hours of operation for the Newport Landing Restaurant.shall be limited to after 5:00 p.m. on a daily basis, from June 1 to the day after Labor Day. 4. That with the provision of 58 off - street parking spaces, the "net public area" of the Newport Landing Restaurant may be expanded to include the second floor private dining area and adjacent deck that was previously deleted because of inadequate off - street parking. Said expansion of "net public area" may not occur until the completion of the Edgewater Place parking structure. -40- MINUTES x� c O X X a y m z c m , m = C= X w oK00 City of Newport Beach a m 32. 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 x Motion was made to approve Use Permit No. 3076, subject Ayes x x x x x x x to the findings and conditions in Exhibit "A ", including revised Condition No. 4 as recommended by staff. Motion voted on, MOTION CARRIED. Use Permit No. 3076 (Review) FINDINGS: 1. That adequate off - street parking for the proposed restaurant will be provided in the Edgewater Place parking structure. CONDITIONS: 1. That an amended off -site parking agreement shall be approved by the the City Council guaranteeing that a minimum of 73 parking spaces shall be provided on Lots 7, 8, 9, 10, 11, and 12, Block 3 of Bayside Tract and Lots 22 and 23, Block A of Bayside Tract for the duration of the restaurant use or until such time as other parking arrange- ments are approved by the Planning Commission. 2. That the applicant shall purchase 73 in -lieu parking spaces in order to provide interim parking for the subject restaurant and related uses. Said in -lieu parking spaces shall be purchased for that period in which any portion of the existing required parking spaces are not provided in the approved off -site location. 3. Until such time as the proposed Edgewater Place parking structure is completed, the hours of operation for the Newport Landing Restaurant.shall be limited to after 5:00 p.m. on a daily basis, from June 1 to the day after Labor Day. 4. That with the provision of 58 off - street parking spaces, the "net public area" of the Newport Landing Restaurant may be expanded to include the second floor private dining area and adjacent deck that was previously deleted because of inadequate off - street parking. Said expansion of "net public area" may not occur until the completion of the Edgewater Place parking structure. -40- MINUTES May 9, 1985 MINUTES x x c c 0 z c m> m z C z m O L O O m T City of Newport Beach a a ROLL CALL INDEX 5. That all previous applicable conditions of ap- proval for Use Permit No. 3076 and Resubdivision No. 765, as approved on June 7, 1984 shall be fulfilled. The Planning Commission recessed at 9:20 p.m. and reconvened at 9:30 p.m. x z Use Permit No. 3146 (Continued Public Hearing) Item No.4 Request to permit the construction of a two unit UP3146 residential condominium development and related garages R807 on property located in the R -4 District. Approved AND ondition- ally B. Resubdivision No. 807 (Continued 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 1516k West Ocean Front, on the northerly side of West Ocean Front, between 15th Street and 16th Street, on the Balboa Peninsula. ZONE: R -4 APPLICANTS: Mr. and Mrs. Fred R. Carroll, Huntington Beach OWNERS: Same as applicants ENGINEER: W. R. Haynes and Company, Newport Beach The public hearing opened at this time, and Mr. Fred Carroll, 9182 Carrolltown Drive, Huntington Beach, applicant, appeared before the Planning Commission. Mr. Carroll stated that in reference to Condition No. 2, the applicant has chosen to install only a lavatory and toilet in the basement so as to eliminate the possibility of the basement being used as a separate -41- COMMISSIONERS xX c O � x z c m T z Z Z 9 a T m May 9, 1985 MINUTES City of Newport Beach ROLL CALL FINDINGS: INDEX 1. That each of the proposed units has been designed dwelling unit. After discussion regarding the as a condominium with separate and individual • facilities, Mr. Laycock recommended that "unless utility connections. 2. The project will comply with all applicable otherwise approved by the Planning Department" be added standard plans and zoning requirements for new to Condition No. 2 so that the plans may be reviewed to buildings applicable to the district in which the insure that the basement will not be utilized as a proposed project is located at the time of ap- separate apartment. proval. The public hearing closed at this time. Motion x area requirements in effect at the time of ap- Motion was made to approve Use Permit No. 3146 and Ayes x x x x x x x Resubdivision No. 807, subject to the findings and conditions in Exhibit "A ", including amended Condition No. 2. Use Permit No. 3146 • 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium projects. 6. The approval of Use Permit No. 3146 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. -42- 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 standard 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. 5. That adequate on -site parking spaces are available for the proposed residential condominium projects. 6. The approval of Use Permit No. 3146 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. -42- COMMISSIONERS F F n F y x v m 2 c m> r v m Z 2 r z o p> 0 M o 0 o �Zac ma z +T a z m • May 9, 1985 Of CONDITIONS: t Beach 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, sections and elevations, except as noted in Condition No. 2. 2. That complete sanitation facilities shall not be provided in the basement unless otherwise approved by the Planning Department. 3. That all conditions of approval of Resubdivision No. 807 be fulfilled. 4. That two garage spaces (including one tandem space) shall be provided for each dwelling unit. 5. 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. Resubdivision No. 807 FINDINGS: 1. 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. 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 subdivision. CONDITIONS: 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public works Department. -43- MINUTES INDEX • • May 9, 1985 of Newport Beach 3. That a standard subdivision agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel, map or obtain a building permit prior to completion of the public improvements. 4. 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. 5. That all vehicular access to the property shall be from the adjacent alley. 6. That Orange County Sanitation District fees shall be paid prior to the issuance of building permits. 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. * x Exception Permit No. 15 (Discussion) Request to permit the construction of four temporary signs in excess of 24 sq.ft. each, on property located in the C -1 District. The proposed signs will be painted on the solid construction fence surrounding the Fun Zone site. LOCATION: Lots 1 through 7, Block B, Bayside Tract, and portions Section 35, Township G South, Range 10 West, San Bernardino Meridian, located at 600 Edgewater Avenue, bounded by East Bay Avenue, Washington Street; Palm Street and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANT: Yavar Industries, R. E., Newport Beach Commissioner Person stepped down from the dais because of a possible conflict of interest. The discussion opened at this time, and Mr. Walter Koontz appeared before the Planning Commission on -44- MINUTES INDEX X a ... c o s a mr a z c m> m s a = r 0 x C z C a p; 0 0 i s 0 O m> z a z r m • • May 9, 1985 of Newport Beach 3. That a standard subdivision agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel, map or obtain a building permit prior to completion of the public improvements. 4. 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. 5. That all vehicular access to the property shall be from the adjacent alley. 6. That Orange County Sanitation District fees shall be paid prior to the issuance of building permits. 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. * x Exception Permit No. 15 (Discussion) Request to permit the construction of four temporary signs in excess of 24 sq.ft. each, on property located in the C -1 District. The proposed signs will be painted on the solid construction fence surrounding the Fun Zone site. LOCATION: Lots 1 through 7, Block B, Bayside Tract, and portions Section 35, Township G South, Range 10 West, San Bernardino Meridian, located at 600 Edgewater Avenue, bounded by East Bay Avenue, Washington Street; Palm Street and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANT: Yavar Industries, R. E., Newport Beach Commissioner Person stepped down from the dais because of a possible conflict of interest. The discussion opened at this time, and Mr. Walter Koontz appeared before the Planning Commission on -44- MINUTES INDEX Motion Ayes Absent • • xlx ix Ix May 9, 1985 Of Beach behalf of the applicant. Mr. Koontz opined that the requested signs will have more appeal than the previously requested chain link fence. In response to a question posed by Chairman Winburn, Mr. Koontz stated that the signs will be erected following demolition of the existing buildings on the property. In response to a question posed by Commissioner Eichenhofer, Mr. Koontz replied that the graffiti or errant art work placed on the signs will be removed immediately. The discussion was closed at this time. Motion was made to approve Exception Permit No. 15, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the proposed graphics and signage will be painted on a temporary construction fence which will remain on the site for only nine to twelve months. 2. That the Planning Commission and City Council approved the permanent signage plans for the Balboa Fun Zone in conjunction with the approval of Use Permit No. 3120. 3. That the proposed graphics and signage are consis- tent with the theme and character of the Balboa Fun Zone. 4. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neigh- borhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. CONDITIONS: 1. That development shall be in .substantial confor- mance with the approved plot plan and elevation. 2. That the applicant shall obtain a building permit for the temporary construction fence prior to installation of said fence. -45- MINUTES INDEX F a G O O f a v m 9 r 9 z G m a m z W a S Z r 0 2 G z N p; 0 0 m D Y S = X z r m xlx ix Ix May 9, 1985 Of Beach behalf of the applicant. Mr. Koontz opined that the requested signs will have more appeal than the previously requested chain link fence. In response to a question posed by Chairman Winburn, Mr. Koontz stated that the signs will be erected following demolition of the existing buildings on the property. In response to a question posed by Commissioner Eichenhofer, Mr. Koontz replied that the graffiti or errant art work placed on the signs will be removed immediately. The discussion was closed at this time. Motion was made to approve Exception Permit No. 15, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the proposed graphics and signage will be painted on a temporary construction fence which will remain on the site for only nine to twelve months. 2. That the Planning Commission and City Council approved the permanent signage plans for the Balboa Fun Zone in conjunction with the approval of Use Permit No. 3120. 3. That the proposed graphics and signage are consis- tent with the theme and character of the Balboa Fun Zone. 4. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neigh- borhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. CONDITIONS: 1. That development shall be in .substantial confor- mance with the approved plot plan and elevation. 2. That the applicant shall obtain a building permit for the temporary construction fence prior to installation of said fence. -45- MINUTES INDEX • Motion x Ayes x x x x x x • May 9, 1985 Of Beach 3. That the temporary construction fence shall be removed within 12 months of the date of installa- tion, unless an extension is approved by the Modifications Committee. 4. That the temporary construction fence shall not be illuminated. S. That any temporary signs placed on the site after removal of the temporary construction fence shall conform to the criteria set forth in Section 20.06.080 B of the Municipal Code. x Exception Permit No. 16 (Discussion) Request to permit the installation of four wall signs on a single building on property located in Fashion Island in the C -O -H District, where the Sign Code allows a maximum of three wall signs per building. LOCATION: A portion of Tract No. 6015, located at No. 24 Fashion Island, on the westerly side of Newport Center Drive East, in Fashion Island. ZONE: C -O -H APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant The discussion opened in connection with this item. Mr. Chuck Beecher, Retail Development Manager of Atrium Court, Irvine Company, appeared before the Planning Commission, and stated that. the applicant concurs with the findings and conditions contained in the staff report. The discussion closed at this time. Motion was made to approve Exception Permit No. 16, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. iatV191 ielY 1. That the installation of four wall signs will not be contrary to the intent of the Zoning Code inasmuch as only two signs will be visible from -46- MINUTES INDEX No.6 X x c o n a x - v v m z c m> m z 9 9 p r 61 x C z N O L O o M m O m D M M Z a z a z r m • Motion x Ayes x x x x x x • May 9, 1985 Of Beach 3. That the temporary construction fence shall be removed within 12 months of the date of installa- tion, unless an extension is approved by the Modifications Committee. 4. That the temporary construction fence shall not be illuminated. S. That any temporary signs placed on the site after removal of the temporary construction fence shall conform to the criteria set forth in Section 20.06.080 B of the Municipal Code. x Exception Permit No. 16 (Discussion) Request to permit the installation of four wall signs on a single building on property located in Fashion Island in the C -O -H District, where the Sign Code allows a maximum of three wall signs per building. LOCATION: A portion of Tract No. 6015, located at No. 24 Fashion Island, on the westerly side of Newport Center Drive East, in Fashion Island. ZONE: C -O -H APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant The discussion opened in connection with this item. Mr. Chuck Beecher, Retail Development Manager of Atrium Court, Irvine Company, appeared before the Planning Commission, and stated that. the applicant concurs with the findings and conditions contained in the staff report. The discussion closed at this time. Motion was made to approve Exception Permit No. 16, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. iatV191 ielY 1. That the installation of four wall signs will not be contrary to the intent of the Zoning Code inasmuch as only two signs will be visible from -46- MINUTES INDEX No.6 May 9, 1985 z Beach MINUTES INDEX X F C O n the adjacent parking areas and public streets, and C v v m z c m> m z m a a s a, x C z 0 a 3 0 0 a O m a z Z a a r m May 9, 1985 z Beach MINUTES INDEX the adjacent parking areas and public streets, and only two signs will be visible from within the mall. 2. That the installation of four wall signs is necessary to provide adequate identification for the Atrium Court Building. 3. That although the signs themselves contain 182± sq.ft., the area of the copy on each sign is only 50. sq.ft. The actual sign copy constitutes a very small percentage of the area of each building elevation. 4. That the signs area an integral part of the architectural treatment of the building and are tastefully designed. 5. That the granting of this exception permit is necessary to protect a substantial property right, • will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and elevations. 2. That no additional signs shall be placed on the exterior elevations of the building unless an amendment to the exception permit is approved by the Planning Commission. Resubdivision No. 788 (Amended) (Public Hearing) Request to review the previously approved Resubdivision No. 788 that permitted the creation of two parcels of land for office development and related off - street parking. The applicant has requested the amendment of Condition of Approval No. 8 relative to the establish- • ment of easements for ingress, egress and parking over both parcels for the benefit of each parcel. -47- . • Motion Ayes • COMMISSIONERS x ix May 9, 1985 loll . a . LOCATION: Parcel No. 1 of Parcel Map No. 83 -705 (Resubdivision No. 742), located at 1500 Dove Street, northerly of Newport Place Drive between MacArthur Boulevard and Dove Street, in the Newport Place Planned Community. ZONE: P -C APPLICANTS: Gerrity Co. and Wickstrand Development, La Jolla OWNER: Stuart M. Ketchum, Los Angeles ENGINEER: Robert Bein, William Frost -& Associates, Newport Beach The public hearing opened in connection with this item, and Mr. John Richards, representing Bein, Frost & Associates Engineering Company, appeared before the Planning Commission. Mr. Richards stated that the applicants concur with the revised Condition No. 8. The public hearing closed at this time. Motion was made to approve Resubdivision No. 788, in accordance with revised Condition No. S. Motion voted on, MOTION CARRIED. CONDITION 8. That there be a document recorded, the form and content of which is acceptable to the City Attorney and the Planning Director, which shall guarantee the right of employees of the existing building on Parcel No. 2 to use all of the parking spaces in the subterranean level of the parking structure on Parcel No. 1. Use Permit No. 1461 (Amended) (Public Hearing) Request to amend a previously approved use permit.which allowed the establishment of the Newport Center Auto Wash on property located in the C-O -H District. The proposed amendment includes a request to allow the retail sale of cut flowers from within the existing building, in conjunction with the automobile washing service. -48- MINUTES (Item No.8 IUP1461 Continued to June 6,198.' C O O 2 z c m o m z W a 9 a r 2 c a m T. p> 0 0 0 zM o m a Z s z w'm x ix May 9, 1985 loll . a . LOCATION: Parcel No. 1 of Parcel Map No. 83 -705 (Resubdivision No. 742), located at 1500 Dove Street, northerly of Newport Place Drive between MacArthur Boulevard and Dove Street, in the Newport Place Planned Community. ZONE: P -C APPLICANTS: Gerrity Co. and Wickstrand Development, La Jolla OWNER: Stuart M. Ketchum, Los Angeles ENGINEER: Robert Bein, William Frost -& Associates, Newport Beach The public hearing opened in connection with this item, and Mr. John Richards, representing Bein, Frost & Associates Engineering Company, appeared before the Planning Commission. Mr. Richards stated that the applicants concur with the revised Condition No. 8. The public hearing closed at this time. Motion was made to approve Resubdivision No. 788, in accordance with revised Condition No. S. Motion voted on, MOTION CARRIED. CONDITION 8. That there be a document recorded, the form and content of which is acceptable to the City Attorney and the Planning Director, which shall guarantee the right of employees of the existing building on Parcel No. 2 to use all of the parking spaces in the subterranean level of the parking structure on Parcel No. 1. Use Permit No. 1461 (Amended) (Public Hearing) Request to amend a previously approved use permit.which allowed the establishment of the Newport Center Auto Wash on property located in the C-O -H District. The proposed amendment includes a request to allow the retail sale of cut flowers from within the existing building, in conjunction with the automobile washing service. -48- MINUTES (Item No.8 IUP1461 Continued to June 6,198.' MINUTES X F o May 9, 1985 f V a 0 = r v m z c m> m z c z m o i o 0 A z m> T m City of Newport Beach �_ L CALL INDEX LOCATION: Parcel 1 of Parcel Map 29 -34 (Resub- division No. 282) located at 150 Newport Center Drive, on the southwesterly corner of Newport .Center Drive and Anacapa Drive, in Newport Center. ZONE: C -O -H APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant Motion x Motion was made to continue Use Permit No. 1461 to June Ayes x K x x x x 6, 1985 as recommended by the applicant. Motion Carried. Absent x Use Permit No. 1783 (Amended) .(Public Hearing) Item No.9 Request to amend a previously approved use permit which UP1783 • allowed the establishment of a restaurant with live entertainment and on -sale alcoholic beverages which Continued uses a combination of on -site parking, in -lieu parking to and off -site parking. The proposed amendment includes: May 23,198'_ a request to delete the existing restriction regarding live entertainment so as to allow more than two musi- cians; to amend Condition No. 8 of the April 10, 1980 Planning Commission approval so as to allow dancing in conjunction with the restaurant use; and to eliminate Condition No. 2 of the October 23, 1980 Planning Commission approval of the amended use permit so as to delete the requirement for 12 off -site parking spaces. A modification to the Zoning Code is also requested to permit the use of tandem parking spaces in conjunction with a valet parking service. LOCATION: Parcel 1, Parcel Map 79 -50 (Resub- division No. 493), located at 112 -114 McFadden Place, on the northeasterly side of McFadden Place between Court Avenue and West Balboa Boulevard on McFadden Square. APPLICANT: Great Gazebos, Inc., Newport Beach - OWNER: Raymond Smith, Long Beach Motion was made to continue Use Permit No. 1783 to May M x Ayes x x x x x x 23, 1985 as recommended by the applicant. Motion Absent x Carried. -49- • Ix x Ix May 9, 1985 of Newport Beach Use Permit No. 3147 (Public Hearing) Request to establish a retail commercial nursery with outdoor display of plants and related items, on pro- perty located in the C -1 -H District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces. for a portion of the required off - street parking spaces. LOCATION: Lots 61, 62 and 63 of Tract No. 1210, located at 1700 West Coast Highway, on the northerly side of West Coast High- way, easterly of Mariner's Mile. ZONE: C -1 -H APPLICANT: William Ray, Newport Beach OWNERS: Mr. and Mrs. William Ray, Newport Beach Motion was made to continue Use Permit No. 3147 to May 23, 1985 as recommended by the applicant. Motion Carried. Use Permit No. 3148 (Public Hearing) Request to permit the construction of a two unit residential condominium development and related garages on property located in the R -3 District. LOCATION: Lot 8, Block 16, Eastside Addition, Balboa Tract, located at 1015 East Balboa Boulevard, on the southerly side of East Balboa Boulevard, between "B" Street and "C" Street, on the Balboa Peninsula. ZONE: R -3 APPLICANTS: Robert and Rodger Barclay, Torrance OWNERS: same as applicants Mr. Laycock advised that the proposed Building Code of 1985 will allow a third floor observation deck if the deck is less than 500 square feet with only one stairway leading to the deck; therefore, staff has revised Condition No. 4 of Use Permit No. 3148 to read: -50- MINUTES INDEX 47 NO.1 C O O r v z c m o m z W a z r 2 Z 0 M m O m a r T Z 9 Z y Z m m Ix x Ix May 9, 1985 of Newport Beach Use Permit No. 3147 (Public Hearing) Request to establish a retail commercial nursery with outdoor display of plants and related items, on pro- perty located in the C -1 -H District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces. for a portion of the required off - street parking spaces. LOCATION: Lots 61, 62 and 63 of Tract No. 1210, located at 1700 West Coast Highway, on the northerly side of West Coast High- way, easterly of Mariner's Mile. ZONE: C -1 -H APPLICANT: William Ray, Newport Beach OWNERS: Mr. and Mrs. William Ray, Newport Beach Motion was made to continue Use Permit No. 3147 to May 23, 1985 as recommended by the applicant. Motion Carried. Use Permit No. 3148 (Public Hearing) Request to permit the construction of a two unit residential condominium development and related garages on property located in the R -3 District. LOCATION: Lot 8, Block 16, Eastside Addition, Balboa Tract, located at 1015 East Balboa Boulevard, on the southerly side of East Balboa Boulevard, between "B" Street and "C" Street, on the Balboa Peninsula. ZONE: R -3 APPLICANTS: Robert and Rodger Barclay, Torrance OWNERS: same as applicants Mr. Laycock advised that the proposed Building Code of 1985 will allow a third floor observation deck if the deck is less than 500 square feet with only one stairway leading to the deck; therefore, staff has revised Condition No. 4 of Use Permit No. 3148 to read: -50- MINUTES INDEX 47 NO.1 0 • a x May 9, 1985 c o � 2 C T C Z Y a= 0 O r 9 z O O T m City of Newport Beach "That the proposed third floor observation deck shall be constructed so as to be in conformance with all applicable provisions of the Uniform Building Code." The public hearing opened in connection with this item and Mr. Todd Schooler, representing the applicant, appeared before the Planning Commission. Mr. Schooler stated that the applicant concurs with the findings and conditions in Exhibit "A ", with the exception that Condition No. 4 refers to an observation deck. Mr. Schooler commented that there is no deck, but there is a screen that conceals solar panels, and.therefore, Mr. Schooler asked if the condition is applicable to the application. Discussion followed regarding the deck and roof access hatch, and the decision was made that there is no need to refer to an observation deck; however, Mr. Hewicker recommended that the condition state "that access to the mechanical equipment on the roof shall be provided in a manner approved by the Building Department ". Motion was made to approve Use Permit No. 3148, subject to the findings and conditions in Exhibit "A ", including amended Condition No. 4. 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 standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan and the Adopted Local Coastal Program. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. -51- MINUTES INDEX 0 0 May 9, 1985 of Newport Beach 6. The approval of Use Permit No. 3148 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 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 plans, and elevations, except as noted below. 2. That a minimum of one accessible parking space and one tandem parking space shall be provided for each dwelling unit. 3. That all conditions of approval of Resubdivision No. 769 be fulfilled. 4. That the proposed access hatch to the roof shall be in conformance with all applicable provisions of the Uniform Building Code. 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. x x A D D I T I O N A L B U S I N E S S: Planning Director Hewicker advised the Commission that the City Council has referred the report of the Ad Hoc Mariner's Mile Specific Area Plan Review Committee to the Commission for review. In response to a question posed by Commissioner Person, Mr. Hewicker advised that the purpose of the study session is to recommend to the City Council if the City should initiate an amendment to the Mariner's Mile Specific Area Plan, and if so, this would require an environmental documentation. Mr. Hewicker stated that in this manner, the Planning Commission may hear thoughts and ideas from all interested parties, and then make a recommendation to the City Council. -52- MINUTES INDEX tional 's F c o 0 � f a a = _ 9 r v z c C m Z m z z W D z r 0 2 C z z 0 o ; 0 0 z "'a zS0 z S 2 r m 0 0 May 9, 1985 of Newport Beach 6. The approval of Use Permit No. 3148 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 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 plans, and elevations, except as noted below. 2. That a minimum of one accessible parking space and one tandem parking space shall be provided for each dwelling unit. 3. That all conditions of approval of Resubdivision No. 769 be fulfilled. 4. That the proposed access hatch to the roof shall be in conformance with all applicable provisions of the Uniform Building Code. 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. x x A D D I T I O N A L B U S I N E S S: Planning Director Hewicker advised the Commission that the City Council has referred the report of the Ad Hoc Mariner's Mile Specific Area Plan Review Committee to the Commission for review. In response to a question posed by Commissioner Person, Mr. Hewicker advised that the purpose of the study session is to recommend to the City Council if the City should initiate an amendment to the Mariner's Mile Specific Area Plan, and if so, this would require an environmental documentation. Mr. Hewicker stated that in this manner, the Planning Commission may hear thoughts and ideas from all interested parties, and then make a recommendation to the City Council. -52- MINUTES INDEX tional 's COM Motion Substitute Motion Ayes Noes Ayes Noes Motion Ayes x Commissioner Person made a motion to begin the study session at 2:00 p.m. on June 6, 1985. Commissioner Goff made a substitute motion to begin the x study session at 3:00 p.m. on June 6, 1985. Mr. Hewicker advised that representatives from the Mariner's Mile business community and Homeowners Associations will be noticed in addition to a newspaper display ad in conjunction with said study session. X X X x x x Substitute motion voted on, MOTION FAILED. x x x x x Motion voted on to begin the study session at 2:00 p.m. x MOTION CARRIED. Commissioner Turner was excused from the May 23, 1985, x x x x x x Planning Commission meeting. MOTION CARRIED. - A D J O U R N M E N T: 10:05 P.M. JOHN KURLANDER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION =53- MINUTES INDEX x x _ May 9, 1985 c o n x c a 9 0 z v i a i 0 r o m City of Newport Beach x Commissioner Person made a motion to begin the study session at 2:00 p.m. on June 6, 1985. Commissioner Goff made a substitute motion to begin the x study session at 3:00 p.m. on June 6, 1985. Mr. Hewicker advised that representatives from the Mariner's Mile business community and Homeowners Associations will be noticed in addition to a newspaper display ad in conjunction with said study session. X X X x x x Substitute motion voted on, MOTION FAILED. x x x x x Motion voted on to begin the study session at 2:00 p.m. x MOTION CARRIED. Commissioner Turner was excused from the May 23, 1985, x x x x x x Planning Commission meeting. MOTION CARRIED. - A D J O U R N M E N T: 10:05 P.M. JOHN KURLANDER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION =53- MINUTES INDEX