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HomeMy WebLinkAbout05/20/1993i�Pot �� r CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: xx__. nn inn, MINUTES IV14Y W 11770 ROLL CALL INDEX Present * * * * * All Commissioners were present. x x : EX- OFFICIO OFFICERS PRESENT: Robin Flory, Assistant City Attorney x s x William R. laycock, Current Planning Manager Rich Edmonton, City Traffic Engineer Dee Edwards, Secretary x • x • Minutes of May 6. 1993 Minutes of Commissioner Pomeroy referred to page 27 of the Minutes, and 5/6/93 requested that inasmuch as the park should be open at night be deleted because his intent was that the park should be open during daylight hours. Motion * Motion was made and voted on to approve the amended May 6, All Ayes 1993, Planning Commission Minutes. MOTION CARRIED. x x x Public Comments: Public Comment! No one appeared before the Planning Commission to speak on non - agenda items. : x x Posting of the Agenda: Posting of the William Laycock, Current Planning Manager, stated that the Agenda J Planning Commission Agenda was posted on Friday, May 14, 1993, in front of City Hall. • MINUTES •CITY OF NEWPORT BEACH A,.-1A 10012 • WNER: The Irvine Company, Newport Beach -2- 1.14 L.V, 11 JJ ROLL CALL I INDEX ss: Reauest s Request Laycock requested that Item No. 2, Tentative Map of Tract c for o. 14533, property located at 2001 Newport Hills Drive West be emoved from calendar, and that the following items be continued o the Planning Commission meeting of June 10, 1993: Item No. Use Permit No. 3122 (Amended), regarding property located at 09 Palm Street; Use Permit No. 3076 (Amended) regarding roperty located at 503 Edgewater Place; and Use Permit No. 495 regarding property located at 20 El Capitan. otion M Motion was made and voted on to remove Item No. 1 from the .11 Ayes l lendar, and to continue Items No. 3, 4, and 5 to the June 10, 1993, Planning Commission meeting. MOTION CARRIED. divisi n No. 99 (Public Hg) I Item No. equest to resubdivide a single parcel of land into five parcels for 8 8999 2dsting office use and one parcel for common area parking and andscaping involving property within the Civic Plaza Planned A Approved m m omunity. The proposed subdivision is for financial /conveyance urposes only. No additional development is proposed. CATION: Parcel 3 of Parcel Map 81/8 (Resubdivision No. 501), located at 1-5 Civic Plaza, on the southwesterly corner of San Joaquin Hills Road and Santa Cruz Drive, in the Civic Plaza Planned Community. ONE: P -C PLICANT: Penco Engineering, Inc., Irvine 4 MINUTES CITY OF NEWPORT BEACH in AM - 1RµJ' 6V, 1JJ✓ ROLL CALL INDEX ENGINEER: Same as applicant The public hearing was opened in connection with this item, and Mr. Mike Padian, appeared before the Planning Commission on behalf of The Irvine Company. He concurred with the findings and conditions in Exhibit "A'. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Resubdivision No. 999, subject to the findings and conditions in Exhibit "A'. Commissioner Ridgeway referred to Condition No. 7, Exhibit "A", requesting a traffic signal at the intersection of Santa Cruz Drive and San Clemente Drive, and he asked if there would be a ' reimbursement from the Four Seasons Hotel and Pacific. Mutual. Rich Edmonston, City Traffic Engineer, replied that when the Four Seasons Hotel was developed there was a condition similar to Condition No. 7; however, to date The Irvine Company or a responsible party has not provided funds to the City. Condition No. 7 states that if there are funds due from other sources, then the City would reimburse The Irvine Company. In response to a question posed by Commissioner Ridgeway, Mr. Edmonton explained that there is no connection with the Pacific Mutual roperty unless, at a future date, a redevelopment of the parcel would cause discretionary approval that could be conditioned. 411 Ayes Motion was voted on, MOTION CARRIED. FINDINGS: 1. That the design of the subdivision 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- CITY OF NEWPORT BEACH MINUTES •CONDITIONS: 1. That a parcel map be recorded prior to issuance of building permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and prior to the recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal. Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the . Subdivision Engineer. Monuments shall be protected in -4- iviay c"' 177a ROLL CALL I INDEX 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That the proposed subdivision is mainly for conveyance purposes and all existing easements recorded by previous parcel maps or other instrument will be maintained • Wps 4 4 CITY OF NEWPORT BEACH %I - -- ^n Ann' iviay w, 1770 ROLL CALL IIVDEX place if installed prior to completion of construction project. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map prior to completion of the public improvements. 5. That all vehicular access rights to San Joaquin Hills Road, except at existing drives, be released and relinquished to the City of Newport Beach. That displaced and deteriorated sections of sidewalk be ' reconstructed along the San Joaquin Hills Road, San Clemente Drive and Santa Cruz Drive frontages; that a handicap ramp be constructed at the corner of San Joaquin Hills Road and Santa Cruz Drive; and that pedestrian access be provided from the parking lot to San Joaquin Hills Road and Santa Cruz Drive as approved by the Public Works Department. All work shall be completed under an encroachment permit issued by the Public Works Department. 7. That a traffic signal be constructed at the intersection of San Clemente Drive and Santa Cruz Drive. The traffic signal shall be completed prior to recordation of the Parcel Map or $120,000.00 be deposited with the City for the design and installation of the signal. The applicanes share can be reduced by contributions from other projects within the vicinity. The City will refund excess funds once the signal improvements have been completed. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by ' proper use of traffic control equipment and flagmen. -5- COMMSSIONERS 80\1 RMN- � 1 \_0 CITY OF NEWPORT BEACH MINUTES as — �n Ia n away ",, .»., ROLL CALL INDEX Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 9. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. ! t f Tentative Map of Tract No. 14533 (Public Hearing) item No.2 Request to subdivide 9.2 acres of land into 12 numbered lots for TTM 14533 single family residential development, 6 lettered lots for private landscape purposes, l lettered lot for a public park site, 1 lettered Removed lot for public landscape purposes and 1 lettered lot for future from . MacArthur Boulevard right -of -way, in the Harbor View Hills Calendar Planned Community. LOCATION: A portion of Block 92, Irvine's Subdivision, located at 2001 Newport Hills Drive West, on the westerly side of Newport Hills Drive West, between Port Wheeler Place and Port Stanhope Place, in the Harbor View Hills Planned Community. ZONE: P-C APPLICANT: Manning Company, Santa Ana Heights OWNER: The Irvine Company, Newport Beach ENGINEER: Adams Streeter Civil Engineers, Inc., Irvine William Laycock, Current Planning Manager, recommended that the subject item be removed from calendar so the applicant has additional time to prepare plans of the proposed residential • \P0W0%t_\ MINUTES CITY OF NEWPORT BEACH M 20 1993 ay , POLL CALL INDEX dwelling units for the approval of a Site Plan Review related with the project. Motion * Motion was made and voted on to remove Tentative Map of Tract All Ayes No. 14533 from calendar. MOTION CARRIED. ♦♦s Use Permit No. 3122 (Amended) (Continued Public Hearing) Item No.3 Request to amend a previously approved use permit which UP3122A permitted the construction of the Edgewater Place complex Cont Id including a full service restaurant and bar on the second and third to 6/10/9 floors with on -sale alcoholic beverages and live entertainment; a take -out restaurant and a variety of retail uses on the ground floor; and the Edgewater Place parking structure. The proposed amendment includes: a request to permit the construction of a vehicle ramp from the ground floor of the parking structure to the basement; a re- configuring of the number and location of parking spaces within the parking structure; the conversion of the third floor restaurant /bar to office use; and the reduction of the off - street parking requirement for the remaining second floor restaurant to one parking space for each 50 square feet of "net public area." An exception to the Sign Code is also requested inasmuch as two direction signs to the parking structure exceed the permitted 6 sq. ft. area, and one of the signs contains the name of the Newport Landing Restaurant. LOCATION: Lots 1 -3, 7 -12, an unnumbered lot, all in Block 3 of the Balboa Bayside Tract; and Lots 22 and 23, Block A of the Bayside Tract, located at 309 Palm Street, on the northerly side of East Bay Avenue, between Palm Street and Adams Street, in Central Balboa. ZONE: RSC -R -7- CITY OF NEWPORT BEACH MINUTES ,,,,,� may cuq 1770 ROLL CALL INDEX APPLICANT: BA Properties, Los Angeles OWNER: Same as applicant William Laycock, Current Planning Manager, stated that the applicant has requested this item be continued to the June 10, 1993, Planning Commission meeting to allow additional time for the property owners of the Newport Landing Restaurant and Edgewater Place complex to review the proposed development. lotion * Motion was made and voted on to continue Use Permit No. 3122 k11 Ayes (Amended) to the June 10, 1993, Planning Commission meeting. MOTION CARRIED. Use Permit No 3076 (Amended) (Continued Public Heariw Item No., Request to amend a previously approved use permit which UP3076A permitted the establishment of the Newport Landing Restaurant Cont ' a with on -sale alcoholic beverages, live entertainment and off -site to parking on property located in the RSC -R District. The proposed 6/10/93 amendment includes: a request to establish a new off - street parking requirement for the restaurant based on additional off-site parking spaces being provided by the owners of the Edgewater Place Development; the removal of the previously approved handicapped parking spaces from the Newport Landing Restaurant site; and the approval of an amended Off -site Parking Agreement consistent with the revised parking figures. LOCATION: Parcel 1 of Parcel Map 196 -38 (Resubdivision No. 765), located at 503 Edgewater Place, on the southeasterly corner of Edgewater Place and Adams Street, in Central Balboa. ZONE: RSC -R -8- 4 CITY OF NEWPORT BEACH may 4v, 177J ROLL CALL INDEX APPLICANT: Landing Associates, Irvine OWNER: Same as applicant William Laycock, Current Planning Manager, requested that this item be continued to the Planning Commission meeting of June 10, 1993, to allow additional time for the property owners of the Newport Landing Restaurant and the Edgewater Place complex to review the proposed development. Motion * Motion was made and voted on to continue Use Permit No. 3076 All Ayes (Amended) to the June 10, 1993, Planning Commission meeting. MOTION CARRIED. s s s Use Permit No. 3495 (Continued Public Hearing) Item No. Request to permit the establishment of a passive recreational park UP3495 on property located in the P -C District where a Planned Community Development Plan has not been adopted. cont 'd to 6/10/93 LOCATION: A portion of Block 97, Irvine's Subdivision, located at 20 El Capitan Drive, on the easterly side of El Capitan Drive, southerly of the San Joaquin Reservoir, in the Harbor View Hills Planned Community. ZONE: P-C APPLICANT: EPT Landscape Architecture, San Juan Capistrano OWNER: The Irvine Company, Newport Beach William Laycock, Current Planning Manager, stated that the applicant has requested that this item be continued to the June 10, 1993, Planning Commission meeting to allow additional time to -9- 4 .� � aa �'11` �y�O MINUTES CITY OF NEWPORT BEACH M 20 1993 ay , ROLL CALL INDEX incorporate recommendations from the immediately affected residential homeowners into the landscape plan. lotion * Motion was made and voted on to continue Use Permit No. 3495 ,11 Ayes to the June 10, 1993, Planning Commission meeting. MOTION CARRIED. Use Permit No. 1956 n li Item No. Request to amend a previously approved use permit that permitted op1956A the establishment of a restaurant /theater complex with on -sale alcoholic beverages and live entertainment, previously ]mown as Approved Magic Island. The proposed amendment involves a request to change the operational characteristics of the facility so as to establish a nighttime only restaurant /nightclub with 2 separate dance floors, live entertainment and pre- recorded music. The roposal also includes a request to install eight pool tables within the existing "net public area" of the facility. LOCATION: A portion of Lot 2, Tract No. 1117, located at 3505 Via Oporto, on the southeasterly comer of Central Avenue and Via Oporto, in Lido Marina Village. ONE: RSC -H APPLICANT: Eric Beneker, Santa.Ana OWNER: Lido Marina Village, Newport Beach In response to questions posed by Commissioner Ridgeway regarding the square footage of the facility, William Laycock, Current Planning Manager, explained the uses of the restaurant's gross floor area of 12,176 square feet and the "net public area" of ,262 square feet. -10- CITY OF NEWPORT BEACH MINUTES IN ROi 1.fi.TAW 1RQ�' 4V, 1JJJ ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Eric Beneker, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A ". In response to a question posed by Chairman Edwards, Mr. Beneker replied that the establishment is proposed to be open in July, 1993. In response to questions posed by Commissioner Ridgeway regarding the second floor, live entertainment theater consisting of 'only' 122 seats, Mr. Beneker explained that tickets will be sold to attend the live performances in the theater. Commissioner Ridgeway expressed concerns regarding the patrons attending the theater, specifically the live bands. He pointed out that Condition No. 20, Exhibit 'W, allows the Planning Commission to add or modify conditions of approval if it is determined that the operation ' is detrimental to the community. Mr. John Hanron, representing the Newport Via Lido Associates, owner of Via Lido Plaza, appeared before the Planning Commission to express his concerns regarding parking in the parking structure. He requested that a condition be added to Exhibit "A" to require a strict enforcement of the parking arrangement so there would not be a problem for the nearby adjacent parking areas. Robin Flory, Assistant City Attorney, explained that the parking enforcement would come from the Planning Commission and the City Attorney's Office. She recommended that if there would be parking violations that the Planning Department be notified so as to notify the Planning Commission of concerns. Chairman Edwards and Ms. Flory discussed the suggestion to modify Condition No. 20 adding ..,including but not limited to the parking requirements set forth therein Commissioner Glover pointed out that the hours of operation are proposed from 6:00 p.m. and 2:00 am- daily. Mr. Hanron explained that Newport Via Lido Associates is primarily concerned between the hours of 6:00 p.m. and 9:00 p.m. -11- 4 COMMISSIONERS `A1��" �d��\ X +10 l�� * \o CITY OF NEWPORT BEACH MINUTES IVIUY LV, 1771 ROLL CALL INDEX Mr. Rusty Vasterling, 5307 Seashore Drive, appeared before the Planning Commission as a representative of the Newport Beach Peninsula Bar and Owner Association. He stated that the Association is concerned that the subject establishment could become another Lucy's BBG Restaurant facility and the operation would be located in the Peninsula area. The Association is working diligently with the Police Department and ABC Department to insure that problems occurring at Lucy's BBG do not infiltrate the Peninsula. He pointed out that the proposed establishment may pursue creative advertisement and promotions, and that there are concerns that promoters currently working at Lucy's BBG could be involved with the subject project. He stated that the Association would be concerned until it is satisfied that the subject facility has a long - term interest in the community and the business community. Mr. Vasterling suggested that a representative of the establishment come to one of their meetings to inform the members that the restaurant has the same concerns as the Association. Mr. Laycock referred to the applicant's letter that is attached to the staff report wherein it is stated that there would be no crowd attracting gimmicks, i.e. one dollar nights or wet -T shirt contests. The Police Department did not oppose the subject application. In response to questions posed by Commissioner Ridgeway regarding the Lucy's BBG -type operation, Mr. Vanderling explained the type of promotions that the restaurant facility uses to attract attention to special events. In response to questions posed by Commissioner Merrill, Mr. Beneker reappeared before the Planning Commission and he commented that the subject establishment would not operate in the same manner as Lucy's BBG, and the restaurant does not intend to use outside promoters. Commissioner DiSano stated that Condition No. 20, Exhibit "A", allows the Planning Commission to call back the use permit for review and possible revocation. -12- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES - -- , ivuty cV' 1771� ROLL CALL INDEX There being no others desiring to appear and he heard, the public hearing was closed at this time. Commissioner Ridgeway asked if posters would be posted around the City advertising the subject restaurant /nightclub use, could it be interpreted as a violation of the use permit. Ms. Flory explained that promotion alone would not be sufficient; however, the results of the promotion if they would be negative would be sufficient. Mr. Laycock pointed out that Condition No. 17, Exhibit "A ", states that no temporary "sandwich" signs shall be permitted on -site or off -site to advertise the restaurant facility. Ms. Flory suggested that the condition could also state that there would be no off -site advertising; however, it is difficult to add a condition that would restrict the commercial speech to advertise. Mr. Laycock pointed out that the Sign Code does not permit private signs in a public right -of -way, and if advertising is located on an ' off -site location, an Exception Permit to the Sign Code would be required. He pointed out that Condition No. 18, Exhibit "A ", states that all signs shall conform with the Sign Code. Ms. Flory further explained that if Condition No. 18 would be violated, that it would be in violation of the use permit and the Municipal Code. The Commission expressed their concerns regarding signage and posters that are being posted throughout the City. Motion Motion was made to approve Use Permit No. 1956 (Amended) subject to the findings and conditions in Exhibit "A". He emphasized that Condition No. 20 allows the Planning Commission to call the use permit back for review, and if concerns that have been expressed during the public hearing are not met, the Commission will call back the application for review. Commissioner Glover supported the motion. She addressed Mr. Vanderling's previous comments with respect to businesses that are committed to the City, and it was her desire that the subject establishment has a long -term plan to remain in the City. -13- 4 4 a CITY OF NEWPORT BEACH MINUTES 1! -_..1A I nn1 iviay w, 1Y7J ROLL CALL INDEX Commissioner Gifford expressed her support of the comments that were previously made by Mr. Beneker and Mr. Laycock concerning promotions and hand -outs. ,11 Ayes Motion was voted on to approve Use Permit No. 1956 (Amended) subject to the findings and conditions in Exhibit W. MOTION CARRIED. Findings 1. The proposed changes in the operational characteristics of the restaurant is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. The project will not have any significant environmental impact. 3. That the proposed development can be adequately served by existing available parking in the Lido Marina Village Parking Structure. 4. That the waiver of development standards as they pertain to walls, landscaping and building setbacks will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 5. That the Police Department has no objections with the proposed operation. That the approval of Use Permit No. 1956 (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. -14- COMMISSIONERS '°O �GlpG' �dkdrS • 4 CITY OF NEWPORT BEACH xx— oin Irma lvl y GV, 177J ROLL CALL INDEX Conditions: 1. That the proposed project shall be in substantial conformance with the approved site plan and floor plans, except as noted below. 2. That all previously applicable conditions of approval of Use Permit No. 1956, and Use Permit No. 1956 (Amended) as approved by the Planning Commission shall be maintained. 3. That a maximum of 8 pool tables shall be permitted within the proposed facility. 4. That the "net public area" of the restaurant and bar portion of the facility devoted to the service of food and drink shall ' be limited to a maximum of 3,252 square feet. 5. That a maximum of 122 seats shall be permitted in the theater. 6. That at least 189 offstreet parking spaces shall be provided for the proposed development. 7. That the existing outdoor balconies shall not be utilized for any portion of the proposed facility unless an amendment to this use permit is first approved by the Planning Commission. 8. That the live entertainment and pre - recorded music shall be limited so that the sound shall be confined to the interior of the structure; and further that when the live entertainment is performed, all windows and doors within the restaurant shall be closed, except when entering and leaving by the main entrance of the restaurant. 9. That restaurant development standards pertaining to walls, landscaping and building setbacks shall be waived. -15- COMUSSIONERS 4 4 MINUTES CITY OF NEWPORT BEACH M 20 1993 ay , ROLL CALL INDEX 10. That the on -site parking and vehicular and pedestrian circulation systems, shall be subject to further review by the City Traffic Engineer. 11. That the use of valet parking service shall be required at all times that the subject facility is in operation and that the operation shall be reviewed and approved by the City Traffic Engineer prior to restriping of parking stalls in the parking structure or implementation of the valet parking service. The valet parking pick -up station shall also be reviewed by the City Traffic Engineer prior to implementation. 12. That the proposed hours of operation shall be limited to the hours between 6:00 p.m. and 2:00 a.m., daily. 13. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the proposed operation. 14. Tbat the applicant shall obtain Coastal Commission approval of this application prior to the establishment of the approved use or prior to the issuance of building permits. 15. That all the facility employees shall park their vehicles on the top level of the parking structure. 6. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 7. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. 8. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. -16- COPAMSSIONERS 4 4 MINUTES CITY OF NEWPORT BEACH May zu, 1993 ROLL CALL INDEX 19. That a Live Entertainment Permit and a Cafe Dance Permit shall be approved by the City. 20. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 21. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Variance No. 1189 (Public Hearing) Item No. Request to permit the construction of a single family dwelling on e1189 property located in the R -1 District which exceeds the 24 foot Approved basic height limit in the 24/28 Foot Height Limitation District. The proposal also includes modifications to the Zoning Code so as to allow: three chimneys with decorative chimney caps which exceed the allowable height and width requirements of the Zoning Code; the construction of an 8± foot high deck with railing that encroaches 6t feet into the required 20 foot front yard setback and a front yard stairway and retaining walls which range in height between 3 feet 6± inches and 5± feet measured from natural grade (where the Municipal Code limits such construction to 3 feet in height). LOCATION: Lot 13, Tract No. 1221, located at 1700 Kings Road, on the northerly side of Kings Road, westerly of St. Andrews Road, in Cliff Haven. ZONE: R -1 -17- • 4 L MINUTES CITY OF NEWPORT BEACH Ma 20 1943 Y > ROLL CALL INDEX APPLICANT: James Adams Design, Inc., Newport Beach OWNERS: Mr. and Mrs Isabel Hernandez, Newport Beach William Laycock, Current Planning Manager, explained that the Variance is required because one corner of the roof exceeds the basic height limit at the midpoint of the roof by one foot due to e existing topography of the land. The requested construction in e required front yard setback area is consistent with other projects that have been approved in the neighborhood. response to questions posed by Commissioner Ridgeway, Mr. ycock explained that chimney heights are based upon a 10 foot etback from the closest roof. He explained the Uniform Building de allows chimney heights to extend two feet above a roof lane, and the Zoning Code allows an additional 12 inches for ecorative spark arrestors. In response to questions posed by Commissioner Ridgeway onceraing the stability of the soil on the subject property and the djacent properties, Mr. Laycock explained that when the plans ,would be submitted to plan check, the plans would have to be pproved by the Grading Engineer to ensure that the grading would comply with the requirements of the Uniform Building de. e public hearing was opened in connection with this item, and r. Daniel Gehman, architect, appeared before the Planning ommission on behalf of the applicant. Mr. Gehman concurred with the findings and conditions in Exhibit "A ". He agreed to over the chimney heights so as to comply with the requirements f the Zoning Code. There being no others desiring to appear and be heard, the public earing was closed at this time. ' -18- COBEMSSIONERs r L 4 MINUTES CITY OF NEWPORT BEACH M,u Nn 1002 ROLL CALL INDEX otion Motion was made and voted on to approve Variance No. 1189 ii Ayes subject to the findings and conditions in Exhibit "A ", and to add Condition No. 6 stating that the chimneys and chimney caps shall not exceed the minimum height or the maximum width and length allowed by the Zoning Code. Commissioner Glover expressed her support of the subject residential project. MOTION CARRIED, FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district inasmuch as the subject property maintains a very steep slope. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed building is of comparable height and in some cases lower in height to other buildings on the adjoining lots on Kings Road. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 4. That the approved construction within the required 20 foot front yard setback permits a stairway, deck and required bandrails on the steep slope to the front entry of the residence. -19- 4 L COMMISSIONERS ice° C�Cffi+4 �L\ r0o�r�.p hn) MINUTES CITY OF NEWPORT BEACH rrA., In 1004 ROLL CALL INDEX 5. That the proposed front yard encroachments are a logical use of the property that would be precluded by strict application of the Zoning Code. 6. That the proposed front yard encroachments will not obstruct views from adjoining residential properties. 7. 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. 8. That public improvements may be required of a developer per Section 20.82.050 of the Municipal Code. 9. That the approval of the modification to the Zoning Code so as to allow the proposed encroachments into the required front yard setback 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 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. CONDITIONS. 1. That the development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That disruption caused by construction work along roadways and by movement of construction vehicles shall -20- 4 Q pp'�dr f0 00 CITY OF NEWPORT BEACH MINUTES AA.,.. 70 7 002 ROLL CALL INDEX be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 4. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 5. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. 6. That the chimneys and chimney caps shall not exceed the minimum height required by the Uniform Building Code or the maximum width and length allowed by the Zoning Code. Variance No. 1190 Maic Hearinel Item No. Request to permit alterations and additions to an existing V1190 nonconforming duplex which exceeds the allowable gross structural area and maintains 3 parking spaces (where the Ordinance Approved requires 4 on -site parking spaces) on property located in the R -2 District. All of the proposed additions are to the rear dwelling unit and include: a storage area on the garage level; an enclosed direct access stairway from the garage to the dwelling; a new laundry room on the upper level; and a new entry on the lower level. LOCATION: Lot 5, Block 736, Corona del Mar, located at 705 and 705 1/2 Jasmine Avenue, on the northwesterly side of Jasmine Avenue, -21- 41\00030\\-1-101 CITY OF NEWPORT BEACH 95-1 VNIFJOP 7.,r.... in tnn] _ I I I I I I 114R.` 4V, 1J 0 ROLL CALL MMEX between Fourth Avenue and Fifth Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: John H. Waters, Orange OWNER: Geoffrey M. Maloney, Corona del Mar Commissioner Merrill addressed the staff report's statements that 709 Jasmine Avenue is not in substantial conformance with plans approved in conjunction with Use Permit No. 3210 and Resubdivision No. 830, approved by the Planning Commission on July 10, 1986. He commented that it is his understanding that the property owner has a separate agreement with the Public Works Department that allows the walls to be hinged for access to the sewer easement on the property. In reference to the staff report indicating that should the Commission agree that the sewer easement area should be open as recommended by the Public Works Department, that Condition No. 2 in Exhibit "A" should be revised. Commissioner Merrill stated that it was his opinion that it is the responsibility of the Public Works Department to keep the area clear for the sewer. William Laycock, Current Planning Manager, explained that the property owner has a desire to enclose said area and there are other dwelling units that have been constructed over the sewer easement in the past; however, the Public Works Department can only make a recommendation to the Planning Commission. The property owner at 709 Jasmine Avenue has an agreement to allow walls over the sewer easement; however, the walls are solid and are not movable. The Code Enforcement Office has been informed of the situation, and has also been advised that the carports on the 709 Jasmine Avenue property have been enclosed to increase the buildable area over Ordinance requirements. Commissioner Merrill and Mr. Laycock discussed the stairway in the sewer easement area adjacent to the garage on the subject property. -22- COMMSSIONERS ,00� c cpp„ d�df\ • MINUTES CITY OF NEWPORT BEACH u,,.. In I anz • In response to a question posed by Chairman Edwards, Mr. Waters concurred with the findings and conditions in Exhibit "A ". Discussion ensued regarding revised Condition No. 2, Exhibit "A". In response to a question posed by Commissioner Pomeroy, Mr. Laycock explained that the construction that has occurred over the easement area would be required to remain open if the Commission approved the revised wording in Condition No. 2. Commissioner Pomeroy stated that the requested walls could easily be movable because they are not load- bearing walls. Mr. Waters commented that it is no problem to construct a wall that could be demolished in less than 10 minutes without impacting the structure, and the applicant would be willing to install garage doors on each side. In response to a question posed by Commissioner Merrill, Mr. Waters explained that a spa would be constructed on the upper deck, and the mechanical equipment would be built into the spa. Commissioner Glover and Mr. Waters discussed the history of the property and the illegal units that existed when the property owner • purchased the property. Mr. Waters confirmed with Commissioner -23- ROLL CALL U UgDEX The public bearing was opened in connection with this item, and Mr. John Waters, applicant and architect, appeared before the Planning Commission. Mr. Waters stated that the applicant intends to reside in the rear dwelling unit. He indicated that the requested enclosed breezeway area would be used for storage and access into the dwelling unit; the topography is steep and access is difficult to the alley level; and the requested stairway encroaches two or three steps into the 10 foot wide sewer easement area. Mr. Waters referred to the staff report's comments regarding illegal rental units wherein he indicated that a kitchen has been eliminated and a stairway has been constructed as previously recommended by the Code Enforcement Office. He stated that the proposal includes an additional 114 square feet, not including the 10 foot wide sewer easement area. 4 CITY OF NEWPORT BEACH MINUTES May 20, 1993 ROLL CALL INDEX Glover that the property owner intends to reside in the rear dwelling unit and he will rent out the front unit. Commissioner Gifford and Mr. Waters discussed the chronology that has occurred from the time the property owner purchased the roperty in 1985, and the illegal units that existed on the property until September, 1992. She expressed concerns that the property owner did not immediately respond to the letters sent by the City stating that there was an illegal dwelling unit on the property, and ere is not much basis that the enclosed storage unit would be utilized as proposed. ommissioner Glover and Ms. Flory discussed the applicant's request to enclose the sewer easement area that would allow the property owner to increase the square footage of the structure. ' There being no others desiring to appear and be beard, the public Baring was closed at this time. ommissioner Pomeroy requested that the Variance be granted d to allow removable walls in the sewer easement area so as to nclose the storage area. He explained that it is not feasible for in individual to reside in the storage unit, and to walk down the tairs from the upper unit to the lower unit into the garage would Motion a more convenient. Motion was made to approve Variance No. 1190 subject to the findings and conditions in Exhibit "A ", and a ondition be added stating that removable walls be allowed to the atisfaction of the Public Works Department. mmissioner Ridgeway stated that garage doors to enclose the ewer easement area would be appropriate based on the past istory and behavior of the applicant, and that he would eluctantly support the motion if the applicant agreed to said Amended nstallation. The maker of the motion agreed with the ecommendation that the removable walls be constructed with arage doors and that the installation would be approved by the Public Works Department. • o r MINUTES CITY OF NEWPORT BEACH • stating that removable walls in the sewer easement. area shall be constructed with garage doors and the installation be approved by he Public Works Department, and add Condition No. 7 stating at the stairway in the sewer easement area shall be subject to 11 Ayes he approval of the Public Works Department. MOTION CARRIED. FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same District inasmuch as the subject property is encumbered by unusual topography. 2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicants, inasmuch as the proposed project is generally comparable to the size, bulk, open space and height to other buildings in the surrounding neighborhood. May Lu, 1JJS ROLL CALL I INDEX In response to a question posed by Commissioner Merrill, Mr. ycock explained that staff determines the square footage of a tructure after review of the plans, and the area of stairways are mended m my counted once. Commissioner Merrill requested that the aker of the motion amend the motion indicating that the nclosure be subject to the approval of the Public Works partment. m m omissioner DiSano and Ms. Flory discussed for the purpose of clarification, Condition No. 3, Exhibit "A ", stating that all improvements be constructed as required by Ordinance and the Public Works Department. Motion was voted on to approve Variance No. 1190 subject to the findings and conditions in Exhibit "A", and add Condition No. 6 L CITY OF NEWPORT BEACH UU ff ► Mnw Wn 100q ROLL CALL INDEX 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood 4. That the proposed new construction does not encroach into any required front yard, side yard, or alley setback, will not reduce the open space to an amount less than that otherwise required on a typical 30 foot wide lot, and 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 detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City.. 5. 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. 6. That public improvements may be required of a developer per Section 20.82.050 of the Municipal Code. CONDMONS: 1. That the development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted below. 2. That the proposed gross structural area shall not exceed 3,683± square feet (with a maximum of 3,075± sq.ft. of living area and a maximum of 608± sq.ft. of garage and storage area on the lower level). -26- COMMISSIONERS 4 4 MINUTES CITY OF NEWPORT BEACH xx .. )n 1nn2 ROLL CALL RIMEX 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That the existing 4 foot wide sewer easement crossing the subject property be increased to a 10 foot wide easement, or a lesser width as approved by the Public Works Department prior to issuance of building permits. 5. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. 6. That removable walls in the sewer easement area shall be constructed with garage doors and the installation shall be approved by the Public Works Department. 7. That the stairway in the sewer easement area shall be subject to the approval of the Public Works Department. DITT NAL BUSINESS: dd • 1 Business hairman Edwards requested that staff provide a breakdown of he budget regarding the Planning Commission for 1993 -94, and 93-94 e Commission discussed the issue as to whether they would be Budget eceiving allowances for 1993 -94. J URNMENT• 8:57 p.m. Adjourn s s s HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION ' -27-