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HomeMy WebLinkAbout05/19/1983f` m � m vmox0im p Ci REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: May 19, 1983 of Newport Beach XIXIXI *1X1 Commissioner Balalis was absent. * * * EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, City Attorney Robert Gabriele, Assistant City Attorney * * STAFF MEMBERS PRESENT: • William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Pamela Woods, Secretary * * Staff advised the Commission that the applicant for Item No. 3 - Resubdivision No. 746, had requested that the item be removed from the calendar. Staff further advised that Item No. 14 - General Plan Amendment No. 82 -1 and Item No. 15 - West Newport Study Area, be removed from the calendar, as recommended by staff. In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that staff anticipates rescheduling Items No. 14 and 15 within the next 60 days. Motion X Motion was made to remove the above listed items from All Ayes X X X X X the calendar, which MOTION CARRIED. * * * • -1- MINUTES INDEX COMMdSSK)NERS MINUTES May 19., 1983 m a m City of Newport Beach ROLL CALL INDEX Request to amend a previously approved use permit which allowed the establishment of a take -out restaurant Item #1 (i.e. The Yogurt Connection) and the waiver of a - portion of the required off - street parking spaces. The proposed amendment is a request to add on -sale beer and wine in conjunction with a new Mexican style take -out restaurant with incidental dining. - USE PERMIT No. 1849 LOCATION: Parcel No. 1 of Parcel Map No. 59 -17 (Resubdivision No. 416) located at 3408 (Amended) Via Oporto #2, on the northeasterly side of Via Oporto in Lido Marina Village. ZONE: C -1 -H APPLICANT: Mohamad S. Faez, Newport Beach - - - APPROVED OWNER: Traweek Investment, Torrance - -- CONDI- TIONALLY The public hearing opened in connection with this item • and Mr. Mohamad Faez, the applicant, appeared before the Commission and requested approval of the amended use permit. In response to a question posed by Commission Goff, Mr. William Laycock, Current Planning Administrator, referred to Condition of Approval No. 3 and stated that a total of 13 of the required off - street parking spaces would have to be waived in conjunction with the approval of the amended use permit. He stated that staff has no objections to the additional waiver of two parking spaces in that the use is for a take -out restaurant located in Lido Marina Village which also has utilization of the Lido Marina Village parking structure. Motion I J X Motion was made for approval of Use Permit No. 1849 All Ayes X X X X * (Amended) , subject to the following findings and conditions, with a revision to Condition No. 3 to reflect that 13 of the required off - street parking spaces are waived, which MOTION CARRIED: fall, 7i. UK-0 1. That the proposed development is consistent with • the Land Use Element of the General Plan and the adopted Local Costal Program Land Use Plan, and is compatible with surrounding land uses. -2- c vmnt� MINUTES May 19, 1983 ro m m y. City of Newport Beach VROLLALL I = I I INDEX 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking, parking lot illumination, circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure and use has been in existence for many years. 4. That the proposed use does not represent an intensification of use that will result in an increased parking demand for the'area. 5. The Planning Commission has approved several use permits for on -sale beer and wine in other existing restaurant facilities throughout the City without requiring additional parking spaces. • I I I I I 11 1 I I 6. The Police Department has indicated that they do not contemplate any problems. 7. The approval of Use Permit No. 1849 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That the development standards related to parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements are waived. 3. That thirteen of the required off - street parking spaces are waived. • IIIIIIII • ** -3- May 19, 1983 � r c m " QJ m o w. . City of Newport Beach Request to change the operational characteristics of an existing take -out restaurant which included take -out sandwiches and a retail bakery so as to operate the facility as a take -out seafood center with incidental dining and on -sale beer and wine. The proposal also includes a request to waive a portion of the required off - street parking. MINUTES INDEX Item #2 LOCATION: Parcel No. 1 of Parcel Map No. 79 -50_ - USE PERMIT (Resubdivision No. 493) located at 110 No. 3034 McFadden Place, on the northeasterly corner of McFadden Place and Court Avenue in McFadden Square. ZONE: C -1 - APPLICANT: Jin Ho Kim, Tustin OWNER: Raymond Smith, Long Beach • The public hearing opened in connection with this item and Mr. Jin Ho Kim, the applicant, appeared before the Commission and requested approval of the use permit. In response to a question posed by Commissioner McLaughlin, Mr. William Laycock, Current Planning Administrator, stated that four of the ten on -site parking spaces are currently being provided in conjunction with the existing take -out restaurant. He stated that three off - street parking spaces will be utilized by the employees. He stated that many of the take -out restaurants in the McFadden Square area which have been approved in the past, have provided no parking spaces. whereas, he stated that this request will be providing parking spaces for their employees. . In response to a question posed by Mr. Laycock, Mr. Kim stated that he concurs with the findings and conditions of Exhibit "A ", including Condition No. 3, which states that no alcoholic beverages shall be sold or consumed outside of the restaurant building. ion I IX I I I I I I Motion was made for approval of Use Permit No. 3034, II 11 subject to the findings and conditions of Exhibit "A ". -4- APPROVED CONDI- TIONALLY !Y \JY {LJJAJIRnJ May 19, 1983 � r c m y City of Newport Beach Commissioner Goff suggested an additional condition which would provide that all trash shall be stored within the building until it is to be picked up. Commissioner Allen suggested that Condition No. 3 of the April 6, 1978 approval be added, which states, "That all mechanical equipment and trash areas shall be screened from public streets, alleys or adjoining properties." Mr. Laycock stated that such a condition was not included in Exhibit "A ", because the applicant's plot plan provides for a trash enclosure which was required by the previous use permit for the restaurant. Commissioner Goff expressed his concern that the applicant and the operator of the restaurant store the trash in an acceptable place and manner. Planning Director Hewicker suggested an additional condition which would read as follows, "That there shall be • provided on -site, a trash enclosure which is screened, or if not, then the trash shall be kept inside the building until it is picked up." Commissioner Goff stated that this would be acceptable. Commissioner Winburn referred to Condition No. 11 and suggested that the approval be for a period of 60 to 90 days, rather than for one year. Mr. Robert Burnham, City Attorney, stated that the City Council had imposed such a condition on an amendment to a lease on the Balboa Pier for a beer and wine application. Mr. Burnham suggested that the Commission could impose a condition which would allow for review by the Modifications Committee within 90 days to determine if there had been an increase in alcohol related incidents within the specified area. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that the proposed request would allow on -sale alcoholic beverages, but that no alcoholic beverages shall be sold or consumed outside of the restaurant building. Mr. Burnham suggested that Condition No. 11 be modified to reflect that the Modifications Committee shall review the operation if the Police Department receives • complaints or if the Police Department feels as though there are incidents related to the sale of alcohol within the premises. Commissioner Winburn stated that this would be acceptable. -5- MINUTES INDEX CUMNV WKJNLKS MINUTES May 19, 1983 m m m y 3 City of Newport Beach ROLL CALL INDEX Amended Commissioner McLaughlin amended her motion for approval Motion X of Use Permit No. 3034, to modify Condition No. 11 as All Ayes Y X X X X * X suggested by the City Attorney, and to add Condition No. 13 relating to the trash enclosure, which AMENDED MOTION CARRIED, as follows: _ • L� FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General .Plan and the adopted Local Costal Program Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking, parking lot illumination, circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4: That the proposed change in operational characteristics of the take -out restaurant will not result in an increased parking demand for the area. 5. The Planning Commission has approved several use permits for on -sale beer and wine in other existing restaurant facilities throughout the City without requiring additional parking spaces. 6. That there is adequate on -site parking for the restaurant partners. 7. The approval of Use Permit No. 3034 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. � x Qm x p y W May 19, 1983 Beach MINUTES _ ROLLCAUJ 1 1 1 I i( l I INDEX • • CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. That the development standards related to a portion of the required offstreet parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements are waived. 3. That no alcoholic beverages shall be sold or consumed outside of the restaurant building. 4. That the hours of operation shall be limited from 10:00 a.m. to 10:00 p.m. daily. 5: That the serving of beer and wine shall be incidental to the primary function of providing food service. 6. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. 7. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management District. S. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or storm drains if required by the Building Department. -7- May 19., 1983 � r c m " m y. City of Newport Beach MINUTES R O L L CALL I I I I J i l l I INDEX I 9. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Department. 10. That in consideration of the approval of this permit for an "on -sale" beer and wine license, an "off - sale" alcoholic license shall not be permitted in the restaurant facility in the future. 11. That this approval shall be for a period of one year, and any extension shall be subject to the approval of the Modifications Committee. The • Modifications Committee shall review the operation prior to the one year approval if the Police Department receives complaints or if the Police Department feels as though there are incidents related to the sale of alcohol within the premises. • 12. That Use Permit No. 1861 shall become null and void with the approval of this application. 13. That there shall be provided on -site, a trash enclosure which is screened, or if not, then the trash shall be kept inside the building until it is picked up. L. A S� C.UNiNVN C tKt i � r c a = m MINUTES May 19, 1983 City of Newport Beach ROLL CALL INDEX Request to resubdivide an existing single parcel of Item #3 land into two parcels for single family residential purposes. The application also includes a request for exceptions to the Subdivision Code so as to allow the creation of parcels. containing less than 5,000 sq. ft. in land area, and one of the proposed parcels will also have a lot width of less than 50 feet. The existing non - conforming lot depth of less than 80 feet will also RESUB- be maintained. LOCATION: A portion of Block 33, Corona del Mar, located at 2723 Ocean Boulevard, on the southwesterly side of Ocean Boulevard, between Fernleaf Avenue and Goldenrod Avenue in Corona del Mar. ZONE: R -1 FROM THE APPLICANT: Martin List, Newport Beach • ( I I I ` I I OWNER: Same as applicant ENGINEER: Same as applicant Staff advised the Commission that the applicant for Item No. 3 - Resubdivision No. 746, had requested that the item be removed from the calendar. Motion IIX Motion was made to remove Resubdivision No. 746 from All Ayes X X X X * the calendar, which MOTION CARRIED. * * • I(! I I I 1 -9- May 19, 1983 MINUTES m w. City of Newport Beach INDEX Request to establish one building site and eliminate an Item #4 interior lot line where two lots presently exist, so as to permit additions and alterations to an existing legal, non - conforming multi - family residential structure in the R -1.5 District. LOCATION: Lots No. 1 and 2, Block 7, Section 1, Balboa Island Tract, located at 400 RESUB- South Bay Front, on the northeasterly DIVISION corner of South Bay Front and Pearl NO. 747 Avenue, on Balboa Island. ZONE: R -1.5 APPLICANT: Vic Sherreitt, Balboa Island OWNER: Same as applicant ENGINEER: W. R. Haynes & Co., Newport Beach The public hearing opened in connection with this item and Mr. Vic Sherreitt, the applicant, appeared before the Commission and requested approval of the rdsubdivision. Motion Motion was made for approval of Resubdivision No. 747, All Ayes X. X X * X subject to the following findings and conditions, which MOTION CARRIED: 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. -10- APPROVED CONDI- TIONALLY COMMdSSIONERS MINUTES May 19, 1983 g x m � w m w. City of Newport Beach ROLL CALL INDEX 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 each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That displaced concrete sidewalk be reconstructed along Pearl Avenue and South Bay Front frontages under an encroachment permit issued by the Public Works Department prior to issuance of occupancy by the Building Department. - • I I � I I I f I ,e * s Request to resubdivide three existing parcels of land I Item #5 into two parcels for single family .residential purposes. LOCATION:. - Lots No. 17 through 19, Tract No. 802, RESUB- located at No. 18 Harbor Island Drive, DIVISION on the westerly end of Harbor Island NO. 748 Drive, on Harbor Island. ZONE: R -1 APPLICANT: Ahmanson Bank & Trust Company, Los Angeles OWNER: Same as applicant ENGINEER: Fuscoe, Williams, Lindgren & Short, Civil Engineers, Santa Ana I I I I I The public hearing opened in connection with this item and Mr. Don Lindgren, the engineer for the project, • appeared before the Commission and requested approval of the resubdivision. -11- APPROVED CONDI- . TIONALLY May 19, 1983 � r c m " W m y City of Newport Beach In response to a question posed by Commissioner Allen, Planning Director Hewicker explained that the applicant will have to secure a Coastal Permit in order to divide the three existing parcels of land into two parcels. He stated that the Parcel Map could then be recorded and building permits could be obtained to construct the single family dwellings. He stated that construction of the single family dwellings does not require a use permit. Motion JXJJ Motion was made for approval of Resubdivision No. 748, All Ayes X X X X * subject to the following findings and conditions, which MOTION CARRIED: - - 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 proposed resubdivision will not have any significant environmental impact. 5. That the provision for coastal public access in conjunction with the proposed resubdivision is not applicable inasmuch as: a) Public access is inconsistent with public • safety; b) Public access is inconsistent with the security of the upland uses; -12- MINUTES INDEX May 19, 1983 � x m m w City of Newport Beach MINUTES _ ROLL CALL I I I I J i l l I INDEX c) Public access would be in close proximity to residential uses; d) No sandy beach exists adjacent to the subject property; and e) The City of Newport Beach is not a party to the tidelands lease, and has no control over requiring public access in the leasehold area. CONDITIONS: 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each dwelling unit be served with an • individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. • 4: That a condition survey of any existing bulkheads along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. 5. That prior to the recording of the parcel map, the dwelling unit on Parcel No. 1 shall be removed from the property, or be redesigned and altered in such a manner that a minimum 4 foot wide side yard setback is maintained along the southerly side property line of Parcel No.l. -13- g � �c m m S c m m D a m � 7c GS May 19., 1983 MINUTES of Newport Beach � ROLL CALL 11 I I I I 1 I I INDEX • Motion I I X1 All Ayes X I H,1 .I X X I * • Request to amend a previously approved use permit which Item #6 permitted the establishment of the Harbor Day School, a private elementary school, on property located in the R -3 -B District. The proposed amendment is a request to construct additional administrative and office space and to include the retention of two previously approved prefabricated buildings on a permanent basis. USE PERMIT NO. 1546 (Amended) LOCATION: Parcel No. 2 of Parcel Map No. 35 -2 (Resubdivision No. 287), located at 3443 Pacific View Drive, on the southerly side of Pacific View Drive, easterly of Marguerite Avenue and .westerly of Pacific View Memorial Park in Corona del Mar. APPROVED ZONE: R -3 -B CONDI- TIONALLY APPLICANT: Harbor Day School, Corona del Mar OWNER: Same as applicant The public hearing opened in connection with this item and Mr. Eric Welton, representing Harbor Day School, appeared before the Commission and requested approval of the amended use permit. Motion was made for approval of Use Permit No. 1546 (Amended), subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That the proposed expanded use does not conflict with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking spaces and related vehicular circulation will be provided in conjunction with the proposed expanded use. -14- May 19, 1983 m m City of Newport Beach 4. That the former prefabricated buildings are on permanent foundations and are compatible with all other permanent development on the site. 5. The approval of Use Permit No.1546 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor • plan, and elevations. 2. That all applicable conditions of approval of Use Permit No. 1546 and 1546 (Amended) shall remain in effect. 3. That the two prefabricated buildings shall be considered permanent structures. * * ve • I 1 I i I I I 1 _15_ MINUTES INDEX COMANSSUNERS MINUTES May 19, 1983 X . m m City of Newport Beach ROLL CALL INDEX Amendment No. 589 (Public Hearing) Item #7 Request to amend the Big Canyon Planned Community Development Standards so as to permit the construction of a residence for the General Manager of the Big Canyon Country Club on the golf course, and the AMENDMENT acceptance of an environmental document, mn_ sn9 LOCATION: Property bounded by Jamboree Road, San - Joaquin Hills Road, MacArthur Boulevard and Ford Road, in the Big Canyon Planned Community. AND AND Use Permit No. 3036 (Public Hearing) Item #S • Request to permit the construction of one residence for the General Manager of the Big Canyon Country Club on property located within the Big Canyon Golf Course. LOCATION: A portion of Irvine's Subdivision, located at 1900 Jamboree Road, on the southeasterly side of Jamboree Road between San Joaquin Hills Road and Ford Road, in the Big Canyon Planned Community. ZONE: P -C Both APPLICANT: Big Canyon Country Club, Newport Beach Continued to June 9, OWNER: Same as applicant 1983 Agenda Items No. 7 and 8 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. John Hudson, representing Big Canyon Country Club, appeared before the Commission and, • requested approval of the proposed residence. -16- C UM/VaJtio MINUTES May 19, 1983 ro � m a m Cit _�� of Newport Beach > >� VROLLALL m INDEX Chairman King referred to the letters which have been received from the Community Associations in Big Canyon and asked Mr. Hudson to comment on same. Mr. Hudson stated that he has met with Mr. Bernard Samson, President of the Big Canyon Community Association, and discussed the proposal on two occasions. In response to a question posed by Commissioner Goff, Mr. Hudson stated that access to the residence will be from Jamboree Road, off of the road to the existing Big Canyon maintenance yard. He stated that there will be no access to the proposed residence from the security gates in Big Canyon. In response to a question posed by Planning Director Hewicker, Mr. Hudson stated that the golf cart path will not be extended to the residence. Mr. Hudson stated that the General Manager will be able to walk or drive to the office at the club house. • In response to a question posed by Commissioner McLaughlin, Mr. Hudson stated that Mr. Bill Baker, President of the Canyon Hills Community Association, which is the largest association in Big Canyon representing over 100 residences, has no objections to the proposed residence. He stated that the letter received from Villageway Management does not represent all of the associations within Big Canyon. • Planning Director Hewicker distributed to the Commission a map which depicted the nine community associations located.within the Big Canyon area. In response to a question posed by Commissioner Allen, Mr. Hudson stated that he has not contacted each community association individually. Commissioner Goff referred to Condition No. 5 which relates to the residence only being utilized by the General Manager of the Club, and his or her family. Mr. Hudson stated that if the General Manager did not reside in the residence, the residence would remain empty. He stated that this condition would be enforced. -17- CVMMdtKJ May 19, 1983 MINUTES � r � m � m m m y. 3 City of Newport Beach ROLL CALL INDEX Commissioner Goff referred to a letter received from Mr. Philip Homme dated May 16, 1983, and requested that staff respond to Mr. Homme's concern by a written letter. Staff concurred. In response to a question posed by .Commissioner Kurlander, Planning Director Hewicker stated that an Exhibit "B ", Findings for Denial, was not prepared in this particular case, as staff had felt that there would not be a substantial concern regarding the proposal. He stated that if the Commission desires to -deny the items, the staff can generate the Findings for Denial this evening, or the Commission can continue the items to the next meeting in order for the staff to prepare the Findings for Denial. Commissioner McLaughlin stated that inasmuch as a majority of the homeowners are opposed to the proposal, a motion for denial would seem appropriate. • Chairman King suggested that the item be continued to the next meeting, so that the applicant can contact all of the community associations within the Big Canyon area. He also suggested that the applicant address the idea of securing the maintenance area by a pass key gate security system. He expressed the concern that the proposal adequately address the security issue. Planning Director Hewicker stated that the security gate is currently locked when the maintenance area is not manned. He stated that anyone could park their vehicle at this location and walk onto the golf course. He stated that the proposed residence would provide a form of security to the area, in that the proposed residence will be located in an area which is currently open. Chairman King asked Mr. Hudson if a continuance on these items would be acceptable. Mr. Hudson stated that a continuance would be acceptable. Motion X Motion was made to continue these items to the Planning All Ayes N X X X X * X Commission Meeting of June 9, 1983, so that the applicant can contact all of the community associations within the Big Canyon area, and address the security issue, which MOTION CARRIED. * * * -18- • 0 May 19, 1983 MINUTES �x � r c m � W m m City of Newport Beach INDEX Agenda Items No. 9 and 10 were heard later in the agenda. � z Request to establish an automobile rental and leasing item #11 facility with incidental auto maintenance on property located in the C -1 -H District. LOCATION: Lots No. 43 through 47 and a portion of Lot No. 48, Tract No. 1210, located at - USE PERMIT 1220 and 1300 West Coast Highway, on the. NO. 3039 northerly side of West Coast Highway, across from the Balboa Bay Club. ZONE: C -1 -H APPLICANT: Southwest Leasing and Rental, Inc. Los Angeles OWNER: Levon Gugasian, Santa Ana The public hearing opened in connection with this item and Mr. Doug Garnee, representing the applicant, appeared before the Commission and requested approval of the use permit. Commissioner Kurlander referred to Condition No. 14 which relates to the dedication of an 8 foot wide right -of -way along West Coast Highway. Mr. Garnee stated that there is currently a building located within the setback area. He stated that the condition is acceptable. Chairman King expressed his concern with the waste water from the car -wash facility and the fueling of the vehicles. Mr. Garnee stated that there is a car -wash stall located in the garage area. He stated that the fueling of all vehicles will be done off the premises, as there are no gas facilities located on the premises. -19- APPROVED CONDI- TIONALLY May 19, 1983 � x � r c m m y. City of Newport Beach Planning Director Hewicker suggested an additional condition which would read as follows, "That if automobiles are proposed to be washed on -site, the waste water from the car -wash facility shall be directed into the sewer system and not into the storm drain system." Chairman King concurred. In response to a question posed by Chairman King, Planning Director Hewicker stated that approval of the Building Department and Fire Department would be required in order for the applicant to install underground fuel tanks on the property. Chairman King expressed his concern that the property in question is located directly below residential units. Planning Director Hewicker stated that many of the uses in this particular area of West Coast Highway started out as automobile agencies. He added that there have been no problems of this nature in the past. • Commissioner Allen referred to Condition No. 9, which relates to the landscaping plan, and suggested that there be an emphasis placed upon the landscape screening of the wrought iron gates from West Coast Highway. Commissioner Allen referred to Condition No. 5, which relates to the sign requirements, and suggested that the staff also review the proposed signs, when reviewing the proposed landscape plan. Planning Director Hewicker asked Commissioner Allen if she is concerned with the size, color or illumination of the proposed signs. Commissioner Allen stated that the proposed signs should be compatible with the character of the surrounding neighborhood. Planning Director Hewicker stated that the Commission could impose a condition which would require that all signs and landscaping be reviewed by the Planning Commission. In response to a question posed by Chairman King, Mr. Garnee distributed to the Commission photographs of signs located at their facilities in Los Angeles and Arizona. He stated that the proposed sign would be smaller in size, but similar in nature to the signs depicted in the photographs. Planning Director Hewicker stated that the proposed sign is actually • one -third the size of a sign which could be permitted at this location. -20- MINUTES INDEX cUMnna��cm+t May 19, 1953 MINUTES � r � m � m . > City of Newport Beach AL CALL INDEX Mr. Garnee submitted to the Commission a preliminary landscaping plan and answered the Commission's questions relating to the plan. Commissioner Allen suggested that vines be planted on the center section of the wrought iron fence. She stated that in this way, the proposed automobile rental and leasing facility will not look offensive, yet will provide for an attractive commercial use. Chairman King stated that the visibility of the vehicles for an automobile rental agency is not as important as that of a automobile for -sale agency. Mr. Garnee stated that additional landscape planting along the fence would be acceptable. Commissioner McLaughlin stated that she would not be in favor of additional landscape planting. She stated that she enjoys seeing the various types of • automobiles, such as Ferraris, Lamborghinis and Mercedes, which would be for rental or lease. She further stated that the staff could review and approve the proposed sign. Planning Director Hewicker referred to Condition No. 9 and suggested that the following wording could be added, "That there shall be a continuous strip in the back of the sidewalk, except where the driveways are located, 3 to 5 feet in depth for the landscaping." He stated that this would be more feasible than the planting of the landscape in boxes. In response to a question posed by Planning Director Hewicker, Mr. Garnee stated that their lease is for a period of five years, with a five year option. Planning Director Hewicker stated that a permanent landscape plan with irrigation, is not unreasonable to impose, in considering the length of the lease. In response to a question posed by Commissioner Goff, Mr. Garnee stated that the majority of the auto repair building will be utilized for automobile storage, and only a portion of the building will be utilized for routine maintenance activities. Mr. Garnee also stated • that the entire asphalt area will be repaved. -21- May 19, 1983 MINUTES m y City of Newport Beach INDEX. In response to a question posed by Commissioner Goff, Mr. Garnee stated that three of the drive approaches will be utilized, and the 12 foot drive approach will be closed. He stated that the remaining three drive approaches will be a minimum of 24 feet in width. In response to a. question posed by Commissioner Goff, Mr. Donald Webb, City Engineer, explained the purpose of Condition No. 14. He stated that the future - widening of West Coast Highway may prohibit parking or. require restriping which would prohibit parking in the area. He stated that when this should occur, if the applicant feels as though he needs on- street parking, the applicant can then construct a parking bay which would allow for additional parking spaces. He stated that the parking bay would be constructed in an area .. which would not be required for roadway purposes. He stated that the sidewalk would then be moved to the side of the parking bay. •ion X Motion was made for approval of Use Permit No. 3039, subject to the findings and conditions of Exhibit "A ", with the following revisions: Conditions No. 5 and 9, "That the staff shall review and approve the proposed signs and landscape plan "; Condition No. 9, "That there shall be a continuous strip in the back of the sidewalk, except where the driveways are located, 3 to 5 feet in depth for the landscaping "; and, an additional condition, "That if automobiles are proposed to be washed on -site, the waste water from the car -wash facility shall be directed into the sewer system and not into the storm drain system." Amendment X Amendment was made to the motion which would provide for vines to be planted which will grow on the wrought iron fence. Commissioner 'McLaughlin stated that.she would not accept this as an amendment to her motion. Ayes X Y Amendment to the motion was now voted on, which Abstain X AMENDMENT FAILED. Noes X X X - - Absent Planning Director Hewicker stated that the City Engineer would prefer for the fence to be located behind the landscaped strip which would provide for • greater sight distance. Chairman King stated that this may solve some of the screening concerns. -22- May 19, 1983 � x r c m m m y City of Newport Beach MINUTES INDEX All Ayes X X X * X Commissioner McLaughlin revised her original motion for I 11 approval of Use Permit No. 3039, to include that the fence be located behind the landscaped strip, which REVISED MOTION CARRIED, as follows: FINDINGS: 1. The proposed development is consistent with the General Plan, and is compatible with existing and surrounding land uses. 2. The proposed project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 3039 will not, under the circumstances of this case, be • detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan except as noted below. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from West Coast Highway. 3. That the illumination of any open automobile display or storage areas shall be maintained in such a manner as to eliminate direct light and glare on adjoining properties and from West Coast Highway. A timing device shall turn off any lights facing towards the bluff at the rear of the site at 10:00 p.m. every night. 4. That the parking lot area shall be striped with . approved traffic markers or painted white lines not less than 4 inches wide, providing a total of 20 spaces to be approved by the City Traffic. Engineer. -23- May 19, 1983 MINUTES � m m City of Newport Beach INDEX 5. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. The Planning Department shall review and approve the proposed signs. 6. The applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. 7. That all vehicle maintenance work shall be performed inside the garage areas and shall be limited to routine service only. Said automobile repairs and service shall be incidental and accessory to the principal use of automobile leasing on the property. S. All provisions of the Uniform Building Code and National Fire Code pertaining to the storage of flammable liquids or work performed on the site shall be complied with at all times. . 9. That a landscape plan shall be submitted to and approved by the Director of Parks, Beaches and Recreation and the Planning Department. Said landscaping shall include the planting of shrubs or groundcover in 3 to'5 foot wide planters along the front of the lot, except where the driveways are located, and shall be continuously maintained. The proposed wrought iron fence shall be located behind the 3 to 5 foot continuous landscape planters. 10. That the subject lots shall be held in common during the life of the applicant's lease, and that severance of the lots shall constitute termination of the use permit. 11. That all employees shall park their vehicles on -site at all times. 12. That all improvements be constructed as required by ordinance and the Public Works Department. 13. That provisions be made for loading and unloading of vehicles on -site. No loading or unloading of • vehicles shall be permitted on West Coast Highway. -24- May 19, 1983 :E r c _. 0 = m m m City of Newport Beach MINUTES R O L L CALL I I I I Jill I INDEX 14. That an 8 foot wide parking bay and sidewalk be provided along West Coast Highway frontage, with length and design to be approved by the Public Works Department, along with the dedication of a corresponding 8 foot width of right -of -way along West Coast Highway, if the applicant feels that on street parking is necessary for the proposed use. 15. That prior to issuance of a building permit, the applicant's interest in the additional 12 feet of right -of -way along the southerly boundary of the property shall be dedicated to the public to allow for the widening of West Coast Highway. 16. That the applicant shall agree that the proposed development will not increase the need for on- street parking along West Coast Highway and that the applicant agrees not to contest the removal of parking for the restriping or widening of West Coast Highway on the grounds of loss of on- street parking. 17. That a standard Use Permit Agreement and accompanying surety be provided 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. 18. That all improvements within the West Coast Highway right -of -way be completed under an encroachment permit issued by the California Department of Transportation. 19. That only three drive approaches be allowed,.and that the fourth drive approach be closed. That the remaining three drive approaches be a minimum of 24 feet in width and that they be reconstructed to conform with City Standard 166 -L. 20. That the on -site parking and vehicular circulation be subject to further review and approval by the City Traffic Engineer. 21. That if automobiles are proposed .on -site, the waste water from facility shall be directed into the and not into the storm drain system. -25- to be washed the car -wash sewer system (.VN1/V%b -N#J VtK-') MINUTES May 19, 1983 � r c E ^ W m w. City of Newport Beach ROLL CALL INDEX Request to permit the addition of a second floor that is proposed to conform with the existing first floor which encroaches to the rear property line where a 2' -6" rear yard setback is required adjacent to a 20' wide alley, and to construct a bay window that is proposed to encroach 18 "t into a portion of the required 10' front yard setback. LOCATION: Lot No. 26, Block K,- Tract No. 518, located at 1723 Plaza del Sure, on the southerly side of Plaza del Sur, between "I" Street and "L" Street, on the Balboa Peninsula. -ZONE: R -1 SUSTAINS THE ACT] APPLICANT: William Rosen, _Santa Ana OF THE • MODIFI APPELLANT: Same as applicant CATIONS OWNER: Same as applicant Chairman King noted that the applicant, or a representative of the applicant, was not present for the public hearing. The public hearing opened in connection with this item and Mr. George Gurr, resident of 1730 Miramar Drive, appeared before the Commission and stated that he is opposed to the proposed modification. He referred to a letter which contained 14 signatures of surrounding property owners in opposition to the proposed modification. He stated that the proposed remodeling of the property is a definite improvement to the existing structure, however, he stated that they are opposed to the proposed rear yard setback. In response to a question posed by Commissioner Kurlander, Mr. Gurr stated that they are not opposed to the bay window encroachment, but are opposed to the rear yard setback. • -26- Motion All Ayes I� U XIX May 19, 1983 ity of Newport Beach In response to a question posed by Commissioner Winburn, Planning Director Hewicker stated that the remodeling of the single family dwelling on property located at 1735 Plaza del Sur was designed in a manner which did not require a modification into the required rear yard setback. Motion was made to sustain the action of the Modifications Committee on Modification No. 2849, subject to the following findings and conditions: FINDINGS: 1. That the proposed construction of a bay window in the front yard setback area will not obstruct views from adjoining residential property. 2. That there was no justification to allow the proposed rear yard encroachment, since adequate space exists within the buildable area of the site for all new construction. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted in Condition No. 2. 2. That all new construction shall conform to the required 2 foot 6 inch rear yard setback. _27_ MINUTES INDEX R r c � m 3 C C CD y D XIX May 19, 1983 ity of Newport Beach In response to a question posed by Commissioner Winburn, Planning Director Hewicker stated that the remodeling of the single family dwelling on property located at 1735 Plaza del Sur was designed in a manner which did not require a modification into the required rear yard setback. Motion was made to sustain the action of the Modifications Committee on Modification No. 2849, subject to the following findings and conditions: FINDINGS: 1. That the proposed construction of a bay window in the front yard setback area will not obstruct views from adjoining residential property. 2. That there was no justification to allow the proposed rear yard encroachment, since adequate space exists within the buildable area of the site for all new construction. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted in Condition No. 2. 2. That all new construction shall conform to the required 2 foot 6 inch rear yard setback. _27_ MINUTES INDEX May 19, 1983 � r � m w. City of Newport Beach ��m�omm Request to permit the construction of a two unit residential condominium development and related garage spaces on property located in the R -2 District. MT9] MINUTES INDEX Item #9 USE PERMIT NO. 3038 Commissioner Goff noted that the applicant for Items No. 9 and 10 was now present at the public hearing. Motion X Request to create a single parcel of land for All Ayes 2 X X X X * X these items to the Planning Commission Meeting of June residential condominium purposes where one lot and a 9, 1983, which MOTION CARRIED. Motion portion of a second lot presently exist. AND X Motion was made at this time to reconsider the All Ayes 2 LOCATION: Lot No. 17 and a portion of Lot No. 15, X X X * X continuance and reopen the public hearing on Items No. Block 630, Corona del Mar Tract, located Item #10 9 and 10, which MOTION CARRIED. at 617 Carnation Avenue, on the northwesterly side of Carnation Avenue, between Third Avenue and Fourth Avenue, in Corona del Mar. RESUB- DIVISION ZONE: R -2 NO. 749 • APPLICANTS: Douglas McMillan and Paul Balalis, Newport Beach OWNER: Julia McMillan, Newport Beach BOTH APPROVED ENGINEER: Ron Miedema, Costa Mesa CONDI- TIONALLY Commissioner Goff noted that the applicant for Items No. 9 and 10 was now present at the public hearing. Motion X The Commission had previously made a motion to continue All Ayes 2 X X X X * X these items to the Planning Commission Meeting of June 9, 1983, which MOTION CARRIED. Motion X Motion was made at this time to reconsider the All Ayes 2 X X X X * X continuance and reopen the public hearing on Items No. 9 and 10, which MOTION CARRIED. The public hearing opened in connection with these items and Mr. Todd Schooler, representing the applicants, appeared before the Commission. Mr. Schooler referred to an artist's rendering which • depicted the proposed project and requested approval of the use permit and resubdivision. Ewe May 19, 1983 1 1 MINUTES � r c y City of Newport Beach INDEX Motion Mot ion was made for approval of Use Permit No. 3038, All Ayes' J+JJXJ*JJ X X X subject to the following findings and conditions, which MOTION CARRIED: 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. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The approval of Use Permit No. 3038 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. 2. That two garage spaces shall be provided for each dwelling unit. • 3. That all conditions of approval of Resubdivision No. 749 be fulfilled. -29- COMANSSIONERS MINUTES May 19, 1983 m � a m City of Newport Beach ROLL CALL INDEX Motion Motion was made for approval of Resubdivision No. 749, All Ayes X X X * X subject to the following findings and conditions, which MOTION CARRIED: FTAMTMrC. 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 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. 3. That the proposed resubdivision presents no • problems from a planning standpoint. CONDITIONS: - l: That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That all vehicular access to the parcel be from the alley. 4. That each dwelling unit be served with individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. -30- MNHSS LKS MINUTES May 19, 1983 x m m m y. z City of Newport Beach INDEX Request to consider Amendment No. 2 to the Traffic {Item #13 Phasing Plan.for the remaining development in the Koll I Center Newport Planned Community. LOCATION: The Planned Community of Koll Center, on property bounded by MacArthur Boulevard, TRAFFIC Campus Drive and Jamboree Road. PHASING PLAN ZONE: P -C APPLICANT:, The Koll Company, Newport Beach APPROVED OWNER: Aetna Life Insurance Company, CONDI- Newport Beach ITIONALLY FINDINGS: 1. That subsequent changes in the project will not require revisions to the Certified Final EIR. 2. That no new significant environmental impacts not considered in the Certified Final EIR were found. 3. That no substantial changes have occurred with respect to the circumstances under which the project will be undertaken. 4. That no new information of substantial importance related to the project has become available. 5. That the Phasing Plan is consistent with the Newport Beach General Plan and the Planned Community Development Plan for Koll Center • Newport. -31- Th discussion opened in connection with this item and Mr. Sid Buck, Vice - President of The Koll Company, appeared before the Commission and requested approval • of the Traffic Phasing Plan. Motion X Motion was made for approval of Amendment No. 2 to the All Ayes 2 X X K X * X Koll /Aetna Traffic Phasing Plan, subject to the following findings and revised Condition No. 38, which MOTION CARRIED: FINDINGS: 1. That subsequent changes in the project will not require revisions to the Certified Final EIR. 2. That no new significant environmental impacts not considered in the Certified Final EIR were found. 3. That no substantial changes have occurred with respect to the circumstances under which the project will be undertaken. 4. That no new information of substantial importance related to the project has become available. 5. That the Phasing Plan is consistent with the Newport Beach General Plan and the Planned Community Development Plan for Koll Center • Newport. -31- CU VWMN " MINUTES May 19., 1983 m � m m m. � City of New ort Beach ROLL CALL I I I I I I I INDEX 6. That based on the Phasing Plan and surrounding information submitted therewith, there is a reasonable correlation between projected traffic at time of completion and the capacity of affected intersections. 7. That the applicant has taken into consideration the preparation of his plan characteristics in the design of his development which either reduce traffic generation or guide traffic onto less impacted arterials or through intersections in the least congested direction. REVISED CONDITION NO. 38: 38. That prior to the occupancy of any buildings on the site beyond the existing development completed or under construction, an additional eastbound . through lane shall be constructed at the intersection of Coast Highway and MacArthur Boulevard (unless subsequent project approvals require modification thereto) or the applicant shall contribute $41,000.00 to a fund for the construction of improvements to Coast Highway in conjunction with the Coast Highway widening project. This improvement shall be subject to the approval of the City Traffic Engineer. General Plan Amendment 82 -1 (Public Hearing) Item #13 Request to amend the Land Use, Residential Growth,, Recreation and Open Space, Circulation and Noise Elements of the Newport Beach General Plan for the - REMOVED North Ford/San Diego Creek south site. FROM THE CALENDAR LOCATION: The area bounded by Bison Avenue, Jamboree Road, San Diego Creek, and the • easterly City boundary between San Diego Creek and Bison Avenue. - -32- CUMAft') �tlt) MINUTES May 19, 1983 m co m w City of Newport Beach LROLLALL 1 INDEX GENERAL PLAN: 'Medium Density Residential; Retail and Service Commercial; administrative, Professional and Financial Commercial; General Industry; and Governmental, Educational and Institutional Facilities. ZONE: P -C (Planned Community) District and Unclassified INITIATED BY: The City of Newport Beach Staff advised that Item No. 14 - General Plan Amendment No. 82 -1 be removed from the calendar, as recommended by staff. In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that staff anticipates rescheduling this item within the next 60 days. Motion X Motion was made to remove this item from the calendar, All Ayes 14 X X X X * X which MOTION CARRIED. * * * West Newport Study Area (Continued Discussion) 'Item #15 Data analysis of the West Newport area involving properties generally bounded by West Coast Highway, Newport Boulevard, 16th Street and Newport Crest /Banning. - REMOVED INITIATED BY: The City of Newport Beach FROM THE CALENDAR Staff advised that Item No. 15 - West Newport Study Area, be removed from the calendar, as recommended by staff. In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that staff anticipates rescheduling this item within the next 60 days. ion JJ [I X Motion was made to remove this item from the calendar, Ayes X X X IXI*lxl which MOTION CARRIED. * * * -33- COMMdSSKYAR5 MINUTES May 19, 1983 X m m m m City of Newport Beach ROLL CALL INDEX ADDITIONAL BUSINESS Clarification on the YMCA Project Clarification of Planning Commission action from May 5, 1983 - The Planning Commission made the determination that the proposed stairwells on the YMCA project shall not exceed the permitted height of the parapet walls or railings. W There being no further business, the Planning Commission adjourned at 9:00 p.m. • � I I I I I I I W W W 0 Dave Goff, Secretary Planning Commission City of Newport Beach -34-