Loading...
HomeMy WebLinkAbout06/09/19944 CITY OF NEWPORT BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: June 9, 1994 ROLL CALL INDEX resent * * * * * * * Ul Commissioners were present. x x x ',X-OFFICIO OFFICER PRESENT: ames Hewicker, Planning Director obin Flory, Assistant City Attorney xs: illiam R. I.aycock, Current Planning Manager atty Temple, Advance Planning Manager ohn Douglas, Principal Planner on Webb, City Engineer ee Edwards, Secretary x x x dinutes of May 19, 1994 Minutes Aion * otion was made and voted on to approve the May 19, 1994, of 5/19/ Yes * * Tanning Commission Minutes. MOTION CARRIED. bsent x x x blie Comm pen s Public 0 one appeared before the Planning Commission to speak on Comments on- agenda items. x : : ?ostiniz of the A enda• Posting of the lames Hewicker, Planning Director, stated that the Planning Agenda mmission Agenda was posted on Friday, June 3, 1994, in front A City Hall. x s �OPlo��O\ a CITY OF NEWPORT BEACH June 9, 1994 ROLL CALL INDEX Request for Continuance: Request for Director Hewicker requested that Item No. 6, Traffic Study No. 93 Cont. and Use Permit No. 3516, McDonald's Corporation, property located at 2807 Newport Boulevard, regarding a proposed take -out restaurant, be continued to the June 23, 1994, Planning Commission meeting to allow additional time to review the revised traffic information submitted by the applicant. Motion All Ayes * Motion was made and voted on to continue Item No. 6 to the June 23, 1994, Planning Commission meeting. MOTION CARRIED. a s a Use Permit No. 3532 (,Public Hearing) Item No. UP3532 Request to permit the establishment of a dry cleaning facility on property located in the RSC District. Approved LOCATION: Lot 1, Block A, Tract No. 470, located at 2301 East Coast Highway, on the southeasterly corner of Acacia Avenue and East Coast Highway, in Corona del Mar. ZONE: RSC APPLICANTS: George and Kathy DeFord, Laguna Niguel OWNER: Martin Mangold Trust, Claremont The public hearing was opened in connection with this item, and Mr. George DeFord, applicant, appeared before the Planning Commission. Mr. DeFord concurred with the findings and conditions in Exhibit 'W'. There being no others desiring to appear and be heard, the public hearing was closed at this time. -2- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX Motion Motion was made and voted on to approve Use Permit No. 3532 All Ayes subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. Findings: 1. That the proposed application is support service in nature and not an intensification of square footage of the existing structure, and as such, is consistent with the Land Use Element of the General Plan and the Local Costal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parking exists on -site and in the parking lot located across Acacia Avenue for the existing dry cleaning facility. 3. That the proposed dry cleaning facility with on -site cleaning equipment does not pose any significant environmental impact. 4. That the approval of Use Permit No. 3532 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 site plan and floor plan. 2. That any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. 3. That the use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. -3- • v_�il • �!" C _ A� °o,�oA t� R o CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX 4. There shall be no outside storage of materials, supplies or other paraphernalia likely to be objectionable to the adjacent property owners.. 5. That any roof top or other mechanical equipment shall be screened from East Coast Highway, Acacia Avenue and adjoining properties. 6. That any outdoor trash containers shall be screened from view of adjoining properties and the public streets 7. That the cleaning operation shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. 8. That the dry cleaning facility shall not be open for business prior to 7:00 am. or after 7:00 p.m., daily. 9. That all employees shall park on site. The parking spaces at the rear of the facility shall be appropriately signed to indicate parking for the dry cleaning establishment only. 10. That Coastal Commission approval shall be obtained prior to the issuance of building permits for the dry cleaning facility. 11. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 12. 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 amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. -4 COMMISSIONERS �� �1�� �� o CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX Use Permit No. 3534 (Public Hearing) Item No.: Request to permit the establishment of an automobile and truck UP3534 rental facility which includes a washing and maintenance facility on property located in the M -1 -A District. Approved LOCATION: Lot 45, Tract No. 3201, located at 4043 Birch Street, on the northwesterly side of Birch Street, between Dove Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: Budget Car and Truck Rental, Santa Ana OWNER: Edward P. Jarvis, Corona del Mar The public hearing was opened in connection with this item, and Mr. Joe Tomaselli, appeared before the Planning Commission on behalf of the applicant. Mr. Tomaselli 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 and voted on to approve Use Permit No. 3534 All Ayes subject to the findings and conditions in Exhibit "A". MOTION CARRIED. Findings: 1. That the proposed application is not an intensification of the existing use, and as such, is consistent with the Land. Use Element of the General Plan and is compatible with surrounding land uses. Furthermore, the proposed project is similar to other automobile service facilities that have -5 �� 0N!4 o1% CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX been previously approved by the Planning Commission in the vicinity. 2. 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. 3. That Section 13.05.010 of the Newport Beach Municipal Code requires that public improvements be completed in commercial areas prior to the issuance of building permits for a new structure. 4. That adequate parking will be provided for the automobile and truck rental facility. 5. That the establishment of the subject business will not have any significant environmental impact. b. That the approval of Use Permit No. 3534 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the development shall be in substantial conformance with the approved plot plan, floor plan and elevations, except as noted below. 2. That all mechanical equipment, trash areas and vehicle storage areas shall be screened from Birch Street and adjoining properties. 3. That the approval of this application shall permit, minor service of vehicles only (such as oil changes and tire -6- COMMISSIONERS A° �,alor �d��'s CITY OF NEWPORT BEACH 70ITFEWIM June 9 1994 ROLL CALL INDEX rotation), and that maintenance and /or repairs such as tune -ups, brake service and installation, electrical repair, painting, body work or other operations of a similar nature shall not be permitted on -site unless an amendment to this use permit is approved by the Planning Commission. 4. That all service activities, including the storage of auto parts, shall be located inside the building and that no outdoor display of vehicles for sale shall be permitted. 5. That the car wash area shall be protected so as to prevent drainage from the parking lot from entering the sewer system The drain shall be connected to the sewer system and have a grease trap. The design and installation of the above facilities shall be approved by the Utilities Department. 6. That the automobile and truck wash facility shall be designed in a manner that will prevent rain water from entering the sewer system. This will require the provision of a roofed washing area and curbing along the perimeter of a raised surface of the wash facility. The exact design shall be reviewed and approved by the Building, Public Works and Planning Departments. 7. That auto and truck washing shall be ancillary to the primary auto and truck rental operation and shall be performed only on vehicles owned by the rental operation. 8. That grease interceptors shall be provided in all drains within the building where petroleum residues may enter the sewer system, unless otherwise permitted by the Building Department. 9. That no outdoor sound system shall be utilized on -site. 10. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further i -7- COMMISSIONERS �\ �t f NO 004' 11_ CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX review by the City Traffic Engineer prior to implementation. 11. That all weeds and debris be removed from the proposed landscape areas, and that these areas be landscaped or be maintained in a clean and orderly manner. 12. That the hours of operation shall be limited between the hours of 7:00 a.m. and 10:00 p.m., daily. 13. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 14. That all employees shall park on -site at all times. 15. Landscaping along Birch Street and adjacent to the building shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 16. That a minimum of 8 independently accessible parking spaces shall be provided on -site for the use of employees and customers. The entire parking lot shall be paved with asphalt, concrete, or other street surfacing material of a permanent nature. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 17. That all improvements be constructed. as required by Ordinance and the Public Works Department. 18. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public . improvements. -8- CITY OF NEWPORT BEACH MINUTES June 9 1994 ROLL CALL INDEX 19. That the outdoor storage of tires and other auto related parts or merchandise shall be prohibited on -site. 20. That the entire site shall be maintained in a clean and orderly manner. 21. That a 6 foot high solid fence or masonry wall shall be maintained along the northeasterly property line adjacent to the parking lot and automobile washing areas. 22. That the intersection of the private drive and Birch Street be designed to provide sight distance for a speed of 40 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed 24 inches in height. 23. That the deteriorated and displaced drive apron be reconstructed to the City's Flared Drive Approach Standard 166 -L along the Birch Street frontage under an encroachment permit issued by the Public Works Department. That the cracked and displaced sections of concrete driveway be reconstructed. 24. That a drainage study be prepared by the applicant and. approved by the Public Works Department, along with a master plan of water, sewer and storm drain. facilities for the on -site improvements prior to issuance of any grading or building permits. 25. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and. local requirements. There shall be no construction storage or delivery of materials within the Birch Street right -of -way. -9 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH re June 9, 1994 ROLL CALL IIVDEX 26. 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. 27. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 28. 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. ss• Variance No. 1196 (Public He "nn Item No.3 Request to permit the construction of a single family dwelling on X1196 property located in the R -1.5 District which exceeds 1.5 times the Cont' d buildable area of the site. The proposal also includes to 6/23/9 modifications to the Zoning Code so as to allow the proposed structure to encroach 14 feet into the required 20 foot front yard setback, and 7 feet into the required 10 foot rear yard setback; a request to construct 6 foot high walls along the side property fines which encroach 15 feet into the required 20 foot front yard setback; and two carport spaces partially open on both sides of the roofed parking spaces (where the Code requires that said covered parking spaces shall have side walls and an operating garage door). The modification also includes the following second floor encroachments into the required 3 foot side yard setbacks: one bay window; one greenhouse window, a heat duct; a portion of the living room; and a planter box. • -10- re CITY OF NEWPORT BEACH krJUT Ii June 9 1994 R L CALL INDEX LOCATION: Portions of Lots 27 and 28, Block 7, Section Five, Balboa Island, located at 1508 Park Avenue, on the northerly side of Park Avenue, between The Grand Canal and Abalone Avenue, on Little Balboa Island. ZONE: R -1.5 APPLICANT: D.W. Chesebro, Newport Beach OWNER: David Hansen, Balboa Island James Hewicker, Planning Director, stated that a letter of opposition to the proposed project had been received from Patrick Banas, 205 Abalone Avenue, prior to the Planning Commission meeting. Mr. Hewicker stated that one of the proposed modifications is to allow a carport to be located on the front- one -half of the lot that would be partially open on both sides. The Municipal Code provides that the applicant would not be required to count the area within one of the carports as buildable area, and so he would be allowed to construct a larger dwelling unit. The proposed carport allows a larger appearing building from the street. He addressed the sketch that was submitted to the Planning Commission prior to the meeting indicating alternate floor plans as discussed in the staff report. William Laycock, Current Planning Manager, explained the aforementioned alternate plan to the Planning Commission. The first floor plan indicates that the carport would be 19 feet deep measured from the water heater to the garage door. Additional square footage was removed from the rear setback area; however, one bedroom would still encroach to within 3 feet of the rear property line. The two bedrooms on the first floor were enlarged from the original plan; therefore, the square footage from the original plan was not completely eliminated. The second floor of the alternate plan indicates that the bathroom has been moved • -11- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES June 9 1994 OUL CALL INDEX from above the stairway to another location, and some square footage was eliminated. The third floor would remain as indicated on the original plan. Mr. Laycock reviewed the alternate plan's gross floor areas and land area to floor area ratios with one carport and an enclosed garage, as recommended by staff. In response to a question posed by Commissioner Ridgeway, Mr. Laycock explained that the summary of the alternate plan was prepared by staff and reviewed by the architect. In response to questions posed by Commissioner Pomeroy and Commissioner Ridgeway, Mr. Laycock explained that Exhibit "A" (as submitted by applicant), Condition No. 2, would be modified to state that the gross structural area of the subject project shall not exceed 1,978 square feet, which would allow the carports on the front one -half of the property. Exhibit "B" (the garages would be enclosed as suggested by staff), Condition No. 2, would be modified to state that the floor area of the subject project shall not exceed 2,238 square feet, 1.24 FAR, Mr. Laycock explained that the reference of 2.78± times the buildable area of the site as indicated in the staff report is what the applicant proposed on the site if there would be a 20 foot front yard setback, and a 10 foot rear yard setback. The 1.24 FAR as indicated in the alternate plan assumes a 10 foot front yard setback and a 5 foot rear yard setback. Robin Flory, Assistant City Attorney, stated that the City Attorney's Office determined that the analysis with regard to the 20 foot default setback and the size of the property would make appropriate findings for the need for a Variance. The applicant's request as demonstrated in the staff report results in providing the applicants with more property rights than what they would otherwise be entitled to. The purpose of a Variance is to try and bring a property up to equal or similar property rights of other properties in the area. The applicant's request is over and above what the purpose of the Variance would be for. • -12- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL June 9 1994 INDEX In response to questions posed by Commissioner Pomeroy, Mr. Laycock replied that the alternate plan is a plan that the applicant suggested after the staff report was written. The staff originally suggested that the building on the first floor be moved further from the rear property line, and that additional square footage not be added. Mr. Laycock supported Exhibit "B" as originally stated in Condition No. 2, that the gross structural area of the subject project shall not exceed 1,904± square feet, including the two car garage. It is staffs opinion that roofed parking spaces on the front of a lot should be enclosed, and the carport partially open on both sides would not be appropriate on the front of the lot. Commissioner Pomeroy stated that the carport could be screened with landscaping. In response to a question posed by Chairman Merrill, Mr. Laycock stated that the three story structure meets the Height Ordinance. In response to questions posed by Commissioner Glover, Mr. . Laycock explained that the aforementioned 1,904± square feet would be in conformance with the surrounding neighborhood. He further stated that the alternate plan indicates that the applicant requests a carport. In response to questions posed by Commissioner Gifford regarding the 177 square foot carport and 437 square foot garage, Mr. Laycock explained that the 437 square foot garage is due to the fact that the parking spaces are wider and deeper than the ordinance would require. Commissioner Gifford concluded that there would be a total garage (carport) space in the alternate plan of 514 square feet as opposed to 380 square feet as suggested by staff. In response to questions posed by Commissioner Edwards, Mr. Hewicker stated that the letters of opposition regarding the subject Variance appear to oppose Exhibits "A" and 'B'; however, the residents would not be aware of the alternate plan inasmuch as it was submitted just prior to the public hearing. • -13- COMMISSIONERS 0-0\00014\\740 CITY OF NEWPORT BEACH MINUTES June 9 1994 R L CALL MMEX In response to questions posed by Commissioner Ridgeway, Mr. Laycock explained that the adjoining lots to the subject property have front yard setbacks of less than 10 feet and the proposed 6 foot setback would be appropriate. The 10 foot front yard setback discussed in the staff report applies to the Floor Area Ratio to building lot on most of the lots in the neighborhood that are required to maintain 10 foot front yard setbacks. Following a discussion between the Planning Commission and staff it was concluded that the living area in the alternate plan would be 1,801± square feet, the original plan would be 1,830± square feet, and in Exhibit "B" it would be 1,550± square feet. The public hearing was opened in connection with this item, and Mr. Delbert Chesebro, applicant, appeared before the Planning Commission. Mr. Chesebro distributed an overhead transparency to the Planning Commission. He stated that when the bathroom on the second floor was moved to another location, staff no longer . had to count the outside stairway as part of the buildable area, and therefore, the square footage was reduced from 2,007 square feet to 1,929 square feet. Mr. Cbesebro accepted the alternate plan that was submitted to the Planning Commission. He stated that there are only four lots on Balboa Island out of 1,500 lots that are landlocked. It is necessary to enter the 30 foot by 60 foot lot from the street since there is no alley adjacent to the lot. Mr. Chesebro addressed the square footage of the remaining three lots in the area, and he stated that the proposed square footage with a carport would allow 1,745 square feet or a total of 1,929± square feet. He accepted the 1,904± square feet as suggested in Condition No. 2, Exhibit "B" if he would be allowed to have a carport. He explained that it would be difficult to determine from the street that there was a carport on the property and not a garage, since a garage door is proposed adjacent to the street. He requested that a structure be built that is comparable with the structures on the other 30 foot by 60 foot lots. Chairman Merrill asked if the remaining three 30 foot by 60 foot lots that are addressed in the transparencies have carports? Mr. • -14- � �¢`����'►o CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL WDEX Chesebro explained that the 1,924 square foot structure located at 1605 Balboa Avenue has two garage spaces; however, the property is located on an alley. The 2,008 square foot structure located at 1609 Balboa Avenue has one garage space on site, and the property that is adjacent to the subject property at 201 Abalone Avenue with 2,218 square feet of floor area has one garage space on site. In response to questions posed by Commissioner Gifford, Mr. Cbeseboro replied that the square footage as indicated in the alternate plan is correct. In response to comments by Commissioner DiSano and Commissioner Pomeroy, Mr. Chesebro agreed to continue the variance to allow staff additional time to review the square footages of the alternate plan submitted by the applicant. In response to questions posed by Commissioner Ridgeway and M Commissioner Gifford, Mr. Laycwck explained that staff includes the entire square footage of a garage in the buildable area of a structure. Mr. Chesebro stated that he would prefer to have an enclosed garage; however, he wanted the requested livable square footage so as to build a three bedroom structure. Ms. Mary Ann McDaniel, 127 Jade Avenue, appeared before the Planning Commission as President of the Little Balboa Homeowners Association. The Association opposes the subject variance based on the proposed 'gigantic' size of the structure. The Association was of the opinion that the buildable space on the site is 1,020 square feet. The proposed structure would impact the neighbors inasmuch as their views would be lost and they would lose a great deal of light. She stated that the project would set a precedent on Little Balboa Island. In response to a question posed by Commissioner Pomeroy. regarding Exhibit "B ", Ms. McDaniel stated that the Association is concerned that the two car garage is not included in the square footage. • -15- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES June 9 1994 ROLL CALL INDEX Commissioner Ridgeway emphasized that the applicant has a landlocked piece of property without an alley for access, and there are extraordinary circumstances to consider. He said that it is imperative that an agreement be made between the Association and the owner of the subject property inasmuch as the site will be developed in accordance with the standards established by the City. Ms. McDaniel stated that the Association recognizes the changes that will be necessary on the property; however, a structure of 1,000± would be reasonable for the site. Commissioner Glover addressed Exhibit'B ", and she requested a clarification regarding the Association's objections to the proposed square footage. Mr. Hewicker stated that the 1,904± square feet of floor area in Exhibit "B" includes the two car garage. Mr. Laycock further stated that approximately 1,524 square feet of living area would be allowed. Mr. Stephen Bromberg, 1506 Park Avenue, appeared before the Planning Commission. He submitted photographs of the adjacent neighborhood to the Planning Commission. Mr. Bromberg stated that his property is a 30 foot by 60 foot lot that is adjacent to the subject property, and the structure is approximately 1,700 to 1,800 square feet, including the two car garage. The subject property impacts three properties, and he determined that the structure should be built on a much larger piece of property. If a carport would be constructed as requested, then the neighbors would consume the fumes of the automobiles, and it would have a negative impact on the neighborhood. Mr. Bromberg stated that comments in the staff report that the planter box and bay windows that encroach into the required 3 foot side yard setbacks would face a blank wall are not true on the basis that if the structure is two feet from his property, he would lose his privacy. Mr. Bromberg expressed his concerns regarding the three story structure. He concurred with the comments in the staff report with respect to the living room and heat duct inasmuch as they would be encroachments adjacent to his property. • -16- A-1\010100100%\0 CITY OF NEWPORT BEACH MINUTES June 9 1994 R L CALL. INDEX In response to questions posed by Commissioner Glover, Mr. Bromberg replied that he had concerns regarding the proposed planter box and window encroachments. Mr. Laycock stated that a finding and a condition as stated in the staff report regarding the planter box and window encroachments could be added to either Exhibit "A" or Exhibit "B ". In response to questions posed by Commissioner Glover regarding Condition No. 4, Exhibit 'B" stating that the second floor bay window encroachment into the westerly side yard shall not exceed 8 feet in width, Mr. Laycock explained that one of the bay window encroachments on the west side exceeded the 8 foot width, and staff suggested that the bay window not exceed 8 feet in width. He said that the planter box is located on the easterly side of the proposed building. Discussion ensued with respect to the number of three story houses that are located on Little Balboa Island. In response to a question posed by Commissioner Ridgeway, Mr. . Bromberg replied that a two story house could be constructed on the site; however, he said that it would not be appropriate for the size of the lot inasmuch as a two story structure would adversely impact the adjoining properties. Mr. James Dunlap, Jr., 201 Abalone Avenue, appeared before the Planning Commission to express his opposition to the proposed project based on the size of the structure. He said that the project would impact his property; that the fumes from the automobiles and the noise in the carport would have a negative affect on his residence; and a three floor structure would impact his view, wind, light, and privacy. Commissioner Pomeroy pointed out that the proposed structure is within the permitted Height Limits of the City. Mr. Ken Lindahl, 202 Grand Canal and a Director of the little Balboa Island Homeowner's Association appeared before the Planning Commission. Mr. Lindahl questioned if the east side of the carport would be 50 percent or more open. He stated that the Association is attempting to get the development that is happening • -17- COMMISSIONERS ` �t�AO���O CITY OF NEWPORT BEACH , ►TM June 9, 1994 RULL CALL INDEX on Little Balboa Island under the control of the City. Discussion ensued between Commissioner Pomeroy and Mr. Lindahl regarding three story structures on Little Balboa Island. Mr. Lindahl addressed the proposed encroachments and the rear and front yard setbacks. Mr. Bob Calkins, 124 Crystal Avenue, appeared before the Planning Commission to express his opposition to the size of the proposed structure. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pomeroy stated that a continuance would allow additional time to strike a compromise regarding the carport and the garage; however, on the basis of the Association's opposition to the proposed project, he would not recommend a continuance because he would not consider doing anything other than . approving it under the conditions of Exhibit "B ", requiring the enclosed two car garage as recommended by staff. Commissioner DiSano stated that a continuance would allow staff additional time to review the application. Motion 'Motion was made to continue Variance No. 1196 to the June 23, 1994, Planning Commission meeting, on the basis that there are a number of questions that need to be addressed. The maker of the motion suggested that the Association review the project with the applicant. Commissioner Glover stated that she would not support a carport at the front of the property. Chairman Merrill addressed the size of the proposed structure to the size of the lot. All ayes Motion was voted on to continue Variance No. 1196 to the June 23, 1994, Planning Commission meeting. MOTION CARRIED. • -18- COAnUSSIONERS MINUTES CITY OF NEWPORT BEACH June 9, 1994 R LL CALL INDEX s s x Variance No. 1197 (Public Hearin&) item No.0 Request to permit the alteration of an existing duplex on property 1197 located in the R -2 District which is nonconforming with regards to .. Denied the allowable building height, a required 4 foot side yard setback, open space requirement, and required number of offstreet parking spaces. The proposal includes a request to cover an existing roof deck which currently has 8 foot high screen walls and exceeds the 24 foot basic height limit in the 24/28 Foot Height Limitation District. The proposal also includes: a request to allow the gross floor area of the structure to exceed two times the buildable area of the site; and a modification to the Zoning Code so as to allow a portion of the proposed roofed enclosure to encroach one foot into the required 4 foot side yard setback, adjacent to Channel Place. LOCATION: Block 243, Canal Section, located at 303 43rd Street, on the northwesterly side of 43rd Street, between River Avenue and The Rivo Alto Channel, in West Newport. ZONE: R -2 APPLICANT: Scott Brownell, Newport Beach OWNERS: Mr. and Mrs. Robert Jessen, Newport Beach James Hewicker, Planning Director, stated that a report from the City Attorney's Office indicated that barring any evidence to the contrary that might be presented during the public hearing that there is no justification to grant the subject Variance. William R. Laycock, Current Planning Manager, commented that the addendum to the staff report states that although the lot is triangular in shape, it is larger in size than the other lots in the area and on that basis a Variance is not justified. Included in the • -19- o CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX addendum is revised Exhibit "B ", Findings for Denial, adding Finding No. 4 stating that the shape of the lot does not justify an increase in the allowable square footage. In response to a question posed by Chairman Merrill, Robin Flory, Assistant City Attorney, stated that the City Attorney's Office contacted the applicant and it was his desire to proceed with the public hearing so as to address the application. In response to questions posed by Commissioner Gifford with respect to the applicant's request for a Variance, Ms. Flory explained that the change in the building height limit would make the structure nonconforming, but that would not be a reason for a variance. The triangular shape of the lot would not be a sufficient reason for a variance, and the contents of the staff report indicate there is nothing about the lot or the setbacks or any Zoning requirements that apply to the lot that gives the property owner less rights than anyone else. Ms. Flory explained that when . the roof deck was constructed, the three walls exceeded the current height limit but they are nonconforming because the walls were permitted when they were built. The fourth wall, a roof, and liveable space on the third level were constructed illegally without a building permit, and that would not be an appropriate reason for allowing a variance. Ms. Flory informed the Planning Commission that the facts need to specifically address the property and not the structure. In response to questions posed by Commissioner Pomeroy, Mr. Laycock replied that the 24/28 Foot Height Limitation was adopted in 1972 and the parking requirement in 1972 required 1.5 parking spaces per dwelling unit. Prior to 1972, 1.0 parking space was required per dwelling unit. The public hearing was opened in connection with this item, and Mr. Scott Brownell, architect and applicant, appeared before the Planning Commission. He stated that the majority of the letters of opposition were sent by residents residing across the channel and he questioned the impact that the structure would have on the -20- CORUMSSIONERS CITY OF NEWPORT BEACH Vow n"014-9 June 9, 1994 R L CALL INDEX residents. Mr. Brownell and Mr. Hewicker discussed the required 4 foot side yard setback, and previously approved improvements that permitted a 3 foot side yard setback. Mr. Hewicker stated that the construction of four walls and a roof creates an additional floor area within the dwelling. It is staff s position that because the average width of the lot is more than 40 feet, that it requires a 4 foot side yard setback as opposed to a 3 foot side yard setback; therefore, the buildable area of the lot would be less than if a 3 foot side yard setback would be allowed. Mr. Hewicker stated that by enclosing the area on the third floor, the structure would exceed the permitted Floor Area Ratio. Mr. Brownell objected to the comments with respect to how much the buildable area was exceeded, and he addressed the inconsistent setbacks on properties located on Channel Place. In response to questions posed by Commissioner Gifford, Mr. Brownell stated that the requested variance allows the property owner to keep the structure, and that the three walls on the roof • deck have existed since the structure was originally built. Ms. Jill Lindsay, 4 Balboa Coves, appeared before the Planning Commission, and she addressed the correspondence in opposition to the variance request that was submitted to the Planning Commission by the residents. Mr. Robert Jessen, property owner, appeared before the Planning Commission. Mr. Jessen addressed the structures located on Channel Place and the unique design of the subject property. He explained that he has specific plans to use the roof deck for hydrophonic experimentation. Mr. Jessen presented a brief history of the construction of the structure, and the side yard setback. In response to questions posed by Commissioner Glover regarding the illegal construction, Mr. Jessen explained that he only added a roof to the deck and that he was not aware of the importance of. the construction. There being no others desiring to appear and be heard, the public • -21- 1 oQpa�poso CITY OF NEWPORT BEACH MINUTES June 9 1994 ROLL CALL INDEX hearing was closed at this time. Motion Motion was made to deny Variance No. 1197 subject to the All Ayes revised findings of denial in Exhibit "B ". Commissioner Ridgeway stated that he could not condone a property owner who does not comply with the regulations. Motion was voted on, MOTION CARRIED. FINDINGS: 1. That there are no 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, building, and /or uses in the same district, given that the lot is larger than the typical 43rd Street lot and that the Zoning Code in 1968 would have prohibited a third story within the 35 foot height limit. 2. That the granting of a variance to allow the structure to • exceed the 24 foot height limit requirement is not necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as adequate space exists within the subject property to accommodate the requested additions without exceeding the permitted building height. 3. That the establishment, maintenance, and operation of the use, property, and building will 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. 4. That the shape of the lot does not justify an increase in the allowable square footage inasmuch as the subject property is permitted a greater amount of gross square footage (24% more) than the typical 43rd Street lot by the larger site area of the property (55% larger than the typical 43rd Street lot). . -22- CITY OF NEWPORT BEACH MINUTES June 9 1994 R L CALL INDEX sss A. General Plan Amendment No. 94 -1(A) (Public Hearing) Itern No.9 Request to amend the Land Use Element of the General Plan ITA 94 -1 (A redesignating property at the westerly comer of Newport Center Drive and Granville Drive from "Multi Family Residential" to I.CP 34 "Administrative Professional and Financial Commercial" uses and to allow 5,000 square feet of office development. Boy 114MATED BY: The City of Newport Beach ont'd to /23/94 AND Final Map B Local Coastal Program Amendment No 34 (Public Hearing) Approved Request to amend the Local Coastal Program Land Use Plan redesignating property at the westerly comer of Newport Center . Drive and Granville Drive from "Multi Family Residential" to "Administrative Professional and Financial Commercial" uses and allow 5,000 square feet of office development. INITIATED BY: The City of Newport Beach AND C. Amendment No. 805 (Public Hearing) Request to amend a portion of Districting Map No. 48 so as to reclassify the property at the westerly comer of Newport Center Drive and Granville Drive from the U District to the APF [5,OOOsfJ District, and to reclassify the remainder of the property previously known as the Granville Apartments, from the U District to the MFR (69 du) District; and to establish various front yard setbacks on Districting Map No. 48 which pertain to each. property. AND COA MISSIONERS A 0 11 NPO CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX D. Final Mau of Tract No. 14839 (Discussion) Request to approve the Final Map of Tract No. 14839 which involves a request to subdivide a single parcel of land into two numbered lots for attached residential condominium purposes, seven numbered lots for detached residential condominium purposes, one numbered lot for landscaping purposes and a future manager's office, one lettered lot for private street purposes, and one lettered lot for private recreational purposes. LOCATION: Parcel 1 of Parcel Map 10/20 (Resubdivisions No. 233 and 240), located at 1001 -1147 Granville Drive, on the westerly comer of Newport Center Drive and Granville Drive, in Newport Center. ZONE: Unclassified • APPLICANT: Burnham USA Equities, Inc., Newport Beach OWNER: The Granville, Newport Beach ENGINEER: Duca -Mc Coy, Inc., Corona del Mar James Hewicker, Planning Director, stated that the applicant submitted a letter to staff requesting a continuance of the General Plan Amendment No. 94 -1(A), Local Coastal Program Amendment No. 34, and Amendment No. 805 to the Planning Commission meeting of June 23, 1994. However, the applicant requested that the Planning Commission take action on the Final Map of Tract No. 14839. Mr. Hewicker stated that the Final Tract Map is in conformance with the approved Tentative Map of Tract No. 14839 that was approved by the Planning Commission on July 22, 1993. Motion * Motion was made and voted on to approve Final Map of Tract All Ayes No. 14839, subject to the finding and condition in Exhibit "A ", and to continue GPA 94 -1(A), LCP Amendment No. 34, and CITY OF NEWPORT BEACH uu IiTiTliT.9 June 9 1994 R LL CALL INDEX Amendment No. 805 to the Planning Commission meeting of June 23, 1994. MOTION CARRIED. Finding: 1. That the Final Map of Tract No. 14839 substantially conforms to the Tentative Map of said Tract and with all changes permitted and all requirements imposed as conditions to its acceptance. Condition: 1. That all conditions imposed by the City Council in conjunction with its approval of the Tentative Map of Tract No. 14839 shall be fulfilled. i # i . The Planning Commission recessed at 9:12 p.m. and reconvened at 9:20 p.m. i Y # A Traffic Study No 93 (Continued Public Hearing) Item xo.6 Request to approve a traffic study for a proposed McDonald's Ts 93 take -out restaurant facility; and the acceptance of an environmental document. UP 3516 Cont Id AND to 6/23/9 B. Use Permit No. 3516 (Continued Public Hearing) Request to establish a McDonald's take -out and drive through restaurant facility on property located in the "Retail and Service Commercial" area of the Cannery Village /McFadden Square Specific Plan Area. The proposal includes a building design with two exterior walk -up order windows, an enclosed ancillary eating • -25- CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX area, and an outdoor eating area. The proposal also includes a request to waive a portion of the required off - street parking spaces; a modification to the Sign Code so as to allow a ground identification sign and a ground mounted menu sign on the property, whereas the Sign Code allows only one pole or ground sign per site; and the use of the McDonald's logo on each of the six proposed directional signs. LOCATION: Lots 11 and 12, Block 227, Section A, and Record of Survey 76-46, located at 2807 Newport Boulevard, on the northerly side of 28th Street, between Newport Boulevard (northbound) and Newport Boulevard (southbound), in the Cannery Village /McFadden Square Specific Plan Area. • ZONE: SP -6 APPLICANT: McDonald's Corporation, San Diego OWNER: Bedford Road, Inc., Irvine James Hewicker, Planning Director, requested that Item No. 6 be continued to the Planning Commission meeting of June 23, 1994, to allow additional time to review the revised traffic information submitted by the applicant. Motion Motion was made and voted on to continue Item No. 6 to the June All Ayes 23, 1994, Planning Commission meeting. MOTION CARRIED. s s s -26- CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX A. Amendment No. 787 (Continued Public Hearing) item No. Request to reclassify property from the R4 (Multiple - Family A 787 Residential) District to the PC (Planned Community) District and to approve a Planned Community Development Plan for the TS loo Balboa Bay Club; and the acceptance of an environmental UP3524 document. AND Approved B. Traffic Study No. 100 (Continued Public Hearing) Request to approve a traffic study for the proposed expansion of the Balboa Bay Club. AND . C. Use Permit No. 3524 (Continued Public Hearing) Request to permit the construction of buildings that exceed the basic 26 foot height limit on property located in the proposed 26/35 Foot Height Limitation District. LOCATION: A portion of Lot 171, Block 54, Irvine's Subdivision, located at 1221 West Coast Highway, on the southerly side of West Coast Highway, between Dover Drive and Tustin Avi nue. ZONE: R-4 APPLICANT: Balboa Bay Club, Newport Beach OWNER: The City of Newport Beach John Douglas, Principal Planner, informed the Planning Commission that the lease re- negotiation is part of the project description, however it is not an item that is before the Planning Commission. The lease will be addressed by the City Council as a -27- CITY OF NEWPORT BEACH MINUTES June 9, 1994 WL CALL INDEX separate item. He stated that photo exhibits were prepared by a graphics consultant demonstrating the existing and future Balboa Bay Club facility for the purpose of a before and after comparison. The photo exhibit was taken from three different locations on Kings Road, and one location on Lido Isle. The photographs were taken to present a fair analysis of the project. Mr. Douglas stated that the subject property is located in the Shoreline Height Limitation Zone. The height limit is proposed to be 26/35 feet, i.e. a 26 foot average basic height limit, and if the Planning Commission makes four findings an average height limit of 35 feet could be approved. The 35 foot height limit would be the average height of a pitched roof or the height of a flat roof. The ridge of a sloped roof could be raised to 40 feet. Mr. Douglas pointed out that the tallest portion of the Balboa Bay Club, with the exception of the Terrace Apartments, is the Palm Court Building and the flat roof portion of Palm Court is 34 feet. There are elevator and stairway shaft penthouses that exist at . approximately 37 feet. The other buildings on the site range from 10 feet to 36 feet in height. The flat portions of the proposed structures would be 35 feet in height, and the pitched roof portions would have a ridge height of 38 feet. Mr. Douglas stated that public notices were mailed to property owners who own properties within 300 feet of the property, and the public notice was published in the newspaper. Public notices were also mailed to all of the individuals who contacted the staff regarding the project, and to property owners on Kings Road and Lido Isle that are able to view the Balboa Bay Club from their property. Mr. Douglas requested that Condition No. 19, Use Permit No. 3524, in Exhibit "A ", regarding an easement for pedestrian purposes along the bayfront of Parcels 1 and 2 be deleted inasmuch as the item is addressed in the Planned Community, regulations. Also, Exhibit 5 of the draft Planned Community regulations is an obsolete version and has been replaced by Exhibit 22 in the EIR. -28- CITY OF NEWPORT BEACH MINUTES June 9 1994 WCALL INDEX Commissioner Pomeroy addressed the EIP, "Inventory of Unavoidable Adverse Impacts ", 'Public Services and Utilities', ...including electricity, natural gas, solid waste removal, water, sewer, police and fire protection will experience some increased demands due to the intensification of uses represented by this project, and the project would contribute to cumulative adverse impact. Commissioner Pomeroy asked if changes in the Uniform Building Code such as the requirement for low flush toilets and changes in the Fire Code and commercial occupancy would indicate that the rebuilding as suggested would not have an adverse affect but would have a positive affect reducing the effluent and reducing the probability of fire, and increase public safety. Mr. Douglas responded that the statement addresses an overall increase in usage of the public services which. would contribute to and increase demand, and there would be an increased strain on the future capacity of the services. In response to questions posed by Commissioner Gifford and • Commissioner Edwards regarding future landscaping surrounding the Terrace Apartments, Mr. Douglas and the Commission discussed the feasibility of including appropriate landscape requirements within the Planned Community regulations. The public hearing was opened in connection with this item, and Mr. Dave Wooten, President of the Balboa Bay Club, appeared before the Planning Commission. Mr. Wooten stated that it is the intent of the Balboa Bay Club to develop a plan that would preserve the character and traditions of the Balboa Bay Club. He stated that their primary goals are to consider the concerns of the residents that would be impacted by the future development of the facility; to recognize the need for public view corridors from West Coast Highway and the bluffs above the Balboa Bay Club so the public would have unobstructed views of the Bay to the greatest extent possible; and to provide a project that would be aesthetically pleasing and a credit to the City. Mr. Wooten presented a slide show to the Planning Commission. He stated that the Balboa Bay Club was founded in 1948, and -29- 4 Q 0 ` \ 080'10 OtINW\40 CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX consists of 3,500 members. The Balboa Bay Club contributes approximately $1.2 million to the City's annual budget in rent, property tax, bed talc, and sales tax revenue, and employs over 250 people. The project will consist of 128 hotel guest rooms that will be open to the public, a public restaurant, and four meeting rooms on the water with outside and inside seating. There will be public access to the bay front, and a larger ballroom and bayside garden will be available for public use. The property will be developed with landscaping and with attractive buildings, and there will be over 250 feet of bay view corridors where none exist now. The redevelopment plan, goals, and benefits include the modernization of the Bay Club's facilities that were constructed in the 1959s and 1969s; to increase the public access to the waterfront facilities; to provide new bayview corridors; and to increase the land area values by upgrading the development. • Mr. Wooten made a comparison of the existing facilities and the 1989 Balboa Bay Club proposal to the proposed project. The previous plan requested an additional 120,000 square feet of new construction, and the revised plan includes 34,000 square feet of new construction. The previous plan requested a 300 room hotel and the proposed plan requests a 45 room hotel or 17 rooms more than are currently in use at the Club. The previous plan reduced views of the bay whereas the proposed plan provides over 250 feet of new bay views from ground levels and more views from above. The previous plan included the 70 foot setback from the property line at Bayshores, and the revised plan has a 150 foot setback with landscaping between the nearest building and the bayshores property line and no hotel rooms look over the Bayshores site. The additional 17 guest rooms will take up approximately 23,000 square feet; the new ballroom and meeting rooms will include approximately 5,000 square feet; the athletic facility will occupy an additional 4,000 square feet from what currently exists; and the administrative offices will increase about 2,000 square feet. . -30- CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX Mr. Wooten stated that the main entrance to the Balboa Bay Club will be open to allow public view of the bay front. The site plan of the redevelopment part of the project described the main entrance as it currently exists, the development that would be open to the public that contains a public hotel and other facilities, and the private club facilities. He pointed out the 150 foot landscaped parking lot, the public bayside garden, the expansion of the Palm Court building, the club building, and the bay side view of the club. The existing block wall adjacent to West Coast Highway will be replaced with a wrought iron fence that will provide visibility from West Coast Highway and the properties above West Coast Highway. A slide showed the view of the existing and proposed facility from the Bayshores side, and Mr. Wooten pointed out that the wall of the hotel building facing Bayshores will not contain windows. Mr. Wooten described the slide showing the aerial views of the Balboa Bay Club and the locations in the Cliff Haven and Lido areas where the photos were taken to view the Balboa Bay • Club and the bay. Mr. Wooten concluded his presentation by stating that the club has made significant revisions to the 1989 plan inasmuch as the revised plan demonstrates the club's sensitivity to the neighbors' concerns regarding views, setbacks, and other environmental and neighborhood issues. The proposed plan increases public access to waterfront facilities which includes a luxury hotel, dining and meeting rooms, gardens and walkways. The revised plan creates a smaller footprint to accommodate the increased public vistas. The club has maintained an on -going effort to educate and build support among the neighbors and as the club goes through the design and construction phase there is every intention to fully cooperate with the neighbors to work out the details, i.e. Bayshores has a concern regarding the wall or fence that will be constructed. The City benefits from the revenue generated by the Balboa Bay Club, and the club has a desire to become more of an asset to the City. In response to questions posed by Commissioner Ridgeway and Chairman Merrill, Mr. Wooten explained from the slides the • -31- COAUMSSIONERS CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX heights of the proposed buildings and parapets. He pointed out that the roof equipment on top of the buildings will be covered, and one of the reasons for the sloped roofs is to cover the equipment. Commissioner Pomeroy stated that the staff report indicates that in many cases the buildings have been moved closer to West Coast Highway so there would be a reduced impact to private views from Kings Road. Commissioner Edwards and Commissioner Pomeroy agreed that if a building height is increased and is pushed closer to the bluff that the building would not impact the sight plane. Chairman Merrill requested that the public attending the public hearing raise their hands if they were in attendance to show support of the proposed project. The vast majority of the people that filled the Council Chambers raised their hands. He asked the public to raise their hands if they were in attendance to show • opposition of the proposed project whereby less than five people raised their hands. Mr. Frank Eisendrath, 104 Kings Place, appeared before the Planning Commission. He expressed his concern that if the Planned Community District is approved that the proposed height of the development would set a precedent on West Coast Highway. He said that the Anchorage Apartments are below his residence on West Coast Highway and he had a concern that the site would be redeveloped with a height of buildings that would impact his view. In response to questions posed by Mr. Eisendrath regarding the public parking area, Mr. Hewicker explained that the Balboa Bay Club is providing all of the required number of parking spaces on site for the public, private club members, and employees. In response to questions posed by Commissioner Gifford and Commissioner Ridgeway, Mr. Wooten explained the locations of the parking areas that would be available to the public and the exclusive parking areas that would be available to the club members. • -32- \03100OS° CITY OF NEWPORT BEACH MINUTES June 9 1994 R LL CALL INDEX Dr. Nicholas Yarn, 1210 Kings Road, appeared before the Planning Commission. He commented that the proposal is an improvement from the plan that was submitted to the City in 1989; however, he stated that he objected to the proposed height of the project and the view impact that the development would have on the residents. He compared the proposed project with the 26 Foot Height Limit that has been enforced on the Mariner's Mile merchants. In response to a question posed by Commissioner Edwards regarding the sight plane, Dr. Yaru replied that he had not reviewed the aforementioned photo exhibit prior to the public hearing, and he asked what is the maximum height of the proposed project. Mr. Douglas and Mr. Hewicker explained the proposed 35 foot height limit, and the necessity of making specific findings to approve the proposed height limit. Mr. Douglas replied that the maximum height of the proposed buildings is 38 feet, and the highest point on the existing buildings is 37 feet. Mr. C. G. Reynolds, 1301 Kings Road, appeared before the • Planning Commission. Mr. Reynolds expressed his support of the proposed development; however, he expressed his concerns regarding the proposed height of the buildings and parking for public use. Commissioner Ridgeway, Commissioner Edwards, and Commissioner Gifford discussed the necessity of continuing the public hearing inasmuch as no others appeared before the Planning Commission to oppose the project, and the fact that the Commissioners received telephone calls, fax, and letters from individuals explaining why they are in support of the project. Commissioner Glover stated that it would not be fair to the applicant if the Planning Commission allowed the project to go forward without allowing the public speak on both sides of the issue. Chairman Merrill agreed to keep the public hearing open to permit individuals to address new information that had not been communicated to the Planning Commission through other forms of communication. •-31- coAd ISSIONERS CITY OF NEWPORT BEACH MINUTES J ne 9 1994 u , ROLL CALL INDEX Mr. Joe Grothus, 419 Belvue Lane, appeared before the Planning Commission. He stated that the only thing that the Balboa Bay Club has requested from the City is an extension of the lease, and he pointed out that the businesses on West Coast Highway are having difficulty producing revenue to the City. The public uses the Balboa Bay Club facilities because of the Club's reputable reputation, and many Municipal institutions throughout Orange County have been taken over by private enterprise because their facilities were not being operated properly by their cities. Mr. Dave Grothus, 419 Belvue Lane, appeared before the Planning Commission. He supported the Balboa Bay Club because it would help the economy based on the fact that it would increase the number of employees that would be working at the facility, and the Club attracts distinguished people to the City. He opposed the proposed wrought iron fence inasmuch as the existing wall obstructs the noise on West Coast Highway. • Mr. Brad Avery, 2406 Holly Lane, appeared before the Planning Commission. He said that he is the Director of Orange Coast College Sailing Center and the Sailing Center is adjacent to the Balboa Bay Club. He requested public access to a small portion of City property adjacent to the Sailing and Rowing Basin, and that the City grant an easement to the property currently leased by the Balboa Bay Club for the purpose of providing public access to boating education and recreation. Chairman Merrill and Commissioner Edwards suggested that Mr. Avery contact the City Council regarding the issue. Commissioner Ridgeway suggested that a motion be made to close the public hearing. Commissioner DiSano stated that he wanted to give the public an opportunity to address the Planning Commission concerning the proposed project. Commissioner Gifford concurred; however, she suggested that if speakers have information that would be helpful to the Planning Commission that the speakers be allowed one minute unless additional time would be approved by the Planning Commission. Commissioner Pomeroy requested a show of hands indicating the number of • -34- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES June 9 1994 ROLL CALL INDEX people who would like to address the Planning Commission for one minute, and one person raised his hand. Mr. George Spragins, 3429 Seabreeze Lane, appeared before the Planning Commission. Mr. Spragins stated that the project is a win /win for the citizens of the City. The Balboa Bay Club members would win by gaining a state -of -the -art facility that the members deserve after using sub - standard facilities. The public wins by gaining access to the bay, and to a new bay front hotel and restaurant. The neighbors win by having a more attractive neighbor who would enhance their property values and not decrease them. The City wins by having more revenue from increased ground rent, property taxes, bed taxes, sales taxes, and the merchants would win by having affluent guests visit the up- graded hotel facility. Mr. Jim Clough, 1201 Kings Place, appeared before the Planning Commission. He said that his home would be impacted more than the adjacent residences because the higher roof on the health club building would be in his sight plane. The additions and the remodeling would benefit everyone. Mr. Pete Rabbitt, 634 Via Lido Nord, appeared before the Planning Commission. He said that his residence is directly across from the Balboa Bay Club, and that he supports the redevelopment because the decrepit buildings need remodeling. The proposal is a much better project than the 19R proposal. There being no others to address the Planning Commission, the public hearing was closed at this time. Commissioner Edwards addressed the aforementioned concern regarding Planned Community zoning and the effect that a raised height limit would have on adjoining property owners if the Anchorage Apartments on West Coast Highway would be redeveloped some time in the future. Mr. Hewicker explained that varying height limits exist throughout the City, and each request to raise a height limit is reviewed and acted upon on its own merits. -35- to 1XPON %%\4-o CITY OF NEWPORT BEACH MINUTES June 9 1994 ROLL CALL INDEX Mr. Hewicker concurred with Commissioner Edwards that if the proposed project would be adopted there would be no binding effect on an adjoining land owner. Commissioner Edwards commented that it is possible that the height could set a precedent. In response to a question posed by Commissioner Edwards with respect to the potential overload of parking, Don Webb, City Engineer, replied that for large events the Balboa Bay Club provides off -site parking in at least three different locations to try to accommodate the additional needs for parking. In reference to the EIR, Mr. Webb replied that the parking requirement is adequately addressed. Mr. Douglas further replied that a Special Events Permit is required from the City when a large event will occur at the Balboa Bay Club, and as part of the Special Events process the City Traffic Engineer will review to be certain that the parking plan is adequate. • Commissioner Pomeroy addressed the aforementioned concerns expressed during the public hearing regarding the views that would be impacted from Kings Road. He said that private views are a sensitive issue and the opportunity to change or increase building height has to provide benefits. While some buildings have been increased in height, the buildings have been moved back closer to the bluff so they would not necessarily impact the view plane, and there would be a huge public benefit through the open vistas that are created to the bay. He said that it would provide a much better benefit to the City inasmuch as the Balboa Bay Club property will go from something that looks like a Super 8 Motel to a Ritz - Carlton Hotel. Commissioner Gifford stated that a previous concern that she had regarding the proposed project is that there should be public access, and public access has been provided in the proposal. She stated that another concern was that preference would be given to Club members, and that issue was addressed based on the fact that the parking would be available to the public. The communications that she received from individuals opposing the project were • -36- 411, CITY OF NEWPORT BEACH MINUTES June 9, 1994 [LOLL CALL INDEX directed toward the views, and based on her analysis there has not been a significant impact on private views and the public views will be enhanced. Commissioner Gifford suggested that landscaping be provided between the Terrace Apartments and West Coast Highway, and that the landscaping be consistent with the landscaping of the other portions of the property. She recommended that the landscaping be adjusted for the scale and mass of the Terrace Apartment buildings. Commissioner Ridgeway suggested that the scale of the landscaping not exceed the height of the buildings. Commissioner Glover questioned if it would be appropriate to require landscaping when it is not certain what will occur on or before 1998 when the present lease expires. In response to a question posed by Commissioner Ridgeway, Mr. Douglas stated that the Planned Community text includes the entire property, including the Terrace Apartments, and the Planning Commission could amend the landscaping requirements in the Planned Community Text, Section B. (4) inasmuch as Section B of the Planned Community Text applies only to the Terrace Apartments portion of the property. Discussion followed between the Commissioners and staff regarding Commissioner Gifford's comments. Mr. Hewicker pointed out that the existing wall that is in front of the area that is not the Terrace Apartments will be replaced by wrought iron and the landscaping will be visible through the wrought iron fence. The solid wall in front of the Terrace Apartments will remain, and he asked what type of landscaping could be done behind the wall that would eventually grow over the wall, or whether the area is required for some type of vehicular access. The public hearing was reopened, and Mr. Wooten reappeared before the Planning Commission. Mr. Wooten said that the plan is to provide consistent landscaping on the entire site. In response to a question posed by Chairman Merrill, Mr. Wooten agreed to a condition requiring landscaping adjacent to the Terrace Apartments. In response to a question posed by Mr. Douglas, Mr. Wooten explained that an area adjacent to the apartments -37- COrd IISSIONERS %Vf1\1XP0N1%R01t1k\\1V0 CITY OF NEWPORT BEACH MINUTES Tina O 1QQ4 ROLL CALL INDEX contains a fire lane so the landscaping would have to be consistent with that requirement as well as any other requirements. Ms. Beverly Ray appeared before the Planning Commission and she stated that the landscaping adjacent to the apartments was not included on the plan because the Terrace Apartments are not a part of the proposal. Mr. Hewicker suggested that a condition could be added stating that the applicant provide a uniform landscape theme across the entire frontage of the property, and that the plan be approved prior to the first building permits that are pulled for the renovation, and that the landscaping be completed prior to occupancy. Commissioner Gifford suggested that Section B(4) of the Planned Community Text be amended to state that detailed landscaping and irrigation program (prepared by a landscape architect, licensed landscaping contractor or architect) shall be approved by the Planning and General Services Departments prior to issuance of building permits related to am portion of the arooerty and installed prior to issuance of the Certificate of Use and Occupancy. Mr. Hewicker stated that the question he would have would be if the Balboa Bay Club has any plans to do any interim construction or remodeling prior to the time of the subject project. Commissioner Gifford stated that her suggestion could be amended so as to include Use Permit No. 3524. Chairman Merrill stated that it is feasible that when the Balboa Bay Club is required to landscape on the easterly portion of the site that the landscaping could be done at the same time as the Terrace Apartments. Commissioner Ridgeway addressed the previously stated comments regarding the proposal to replace the wall with the wrought iron fence. He stated that a combination of wall and wrought iron would be more appropriate because the wrought iron accommodates the viewscape to the ocean or bay. He said that the intent is to create some flexibility inasmuch as all wrought iron may not be a benefit to the City. • -38- CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX Commissioner Glover stated that the proposed wrought iron fence is in the best interests of the public driving by the Balboa Bay Club, and that it would be a wonderful improvement enjoyed by the public for many years. Chairman Merrill concurred that it would be an improvement not to look at a solid wall. Commissioner Edwards stated that the requirement to install the wrought iron fence should have some flexibility inasmuch as there may be a future noise and /or grit factor from West Coast Highway. The proposed landscaping will diminish the solid walls of the buildings. Mr. Douglas responded that the Planned Community regulations state that no solid walls or fences are permitted in the Club portion of the facility, or where the primary redevelopment is going to occur. The solid walls and fences are permitted in front of the Terrace Apartments. . Ms. Ray reappeared before the Planning Commission, and she explained that the wrought iron fence was proposed because it was the Club's opinion that it was necessary to open up the public views. She opined that it would be balanced to leave the solid wall in front of the Terrace Apartments inasmuch as it would match the solid wall in front of Baysbores, and there would be a section in front of the Club and the hotel that would have the wrought iron fence. Mr. Hewicker stated that flexibility could be provided by stating that a solid wall, where it is appropriate to place a solid wall, was required to shield the back of an existing building, a loading area, or mechanical equipment. In response to a question posed by Chairman Merrill, Commissioner Gifford explained that there is a lot of stucco wall along West Coast Highway, and that the wrought iron would provide an open area from the solid look. She pointed out that there would be landscaping between the backs of buildings and the wrought iron fence. • -39- N 0 0 " V\01`M"\5Wk-\%0 CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX Motion Motion was made to approve Amendment No. 787 (Resolution All Ayes No. 1359), Traffic Study No. 100, and Use Permit No. 3524 subject to the findings and conditions in Exhibit "A", and to delete Condition No. 19 and to add to Section B (4) of the Planned Community Text "uniform landscaping as approved by the Planning Director and General Services Director be installed at the time of the first phase ". Commissioner DiSano concurred that the proposal is a win /win situation for the City of Newport Beach. Commissioner Ridgeway concurred that it is a win /win situation for everyone. Commissioner Glover stated that the Balboa Bay Club responded to the concerns of the public that were expressed in 1989 in a positive manner. Motion was voted on to approve Amendment No. 787 (Resolution • No. 1359), Traffic Study No. 100, and Use Permit No. 3524 subject to the findings and conditions in Exhibit "A ", as amended. MOTION CARRIED. A. Environmental Impact Report No. 152 Findines: 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environ- mental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That the proposed Final EIR, which includes the Draft EIR, Comments and Responses, revisions to the Draft EIR, and all related documents in the record is complete and adequate to satisfy all the requirements of CEQA for the proposed project. • -40- CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX 3. That the analysis and conclusions contained in the proposed Final EIR reflect the independent judgement of the Planning Commission. 4. That the Planning Commission has reviewed and consid- ered the information contained in the proposed Final EIR prior to making its recommendations to the City Council. Mitigation Measures: 1. Prior to the issuance of a grading permit, the Director, Building Department shall approve, and ensure the imple- mentation of, a dust control program in compliance with South Coast Air Quality Management District Rule 403 during demolition, excavation, and construction. This program shall include such measures as: containing soil on- site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the • haul operation to remove accumulated material. 2. The project shall comply with the requirements of South Coast Air Quality Management District Regulation XV, which is intended to reduce vehicular travel in the region. 3. Construction operations shall utilize methods to reduce pollutant emissions to the greatest extent feasible. Such methods may include the following: a. Use of low- emission construction equipment; b. Rideshare program and incentives for construction employees; C. Suspend grading operations during first and second stage smog alerts; d. Maintain construction equipment with properly tuned engines; e. Use of low - sulfur for stationary construction equip- ment f. Use of on -site power instead of portable generators; -41- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Than -. 9. 1994 ROLL CALL INDEX g. Coordinate construction operations to mimrmze traffic interference. 4. Prior to the issuance of the grading permit, the Director, Building Department shall ensure that grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 miles per hour. 5. Prior to the issuance of a precise grading permit, the developer shall submit a Notice of Intent to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity to the California State Water Resources Control Board. Evidence that coverage under the General Permit has been obtained shall be presented to the Director, Public Works, City of Newport Beach, prior to the issuance of any grading or building permits. • 6. Prior to issuance of a precise grading permit, the developer shall submit a Water Quality Management Plan (WQMP) identifying the Best Management Practices (BMPs) that will be used on -site to control predictable pollutant runoff. These plans shall identify the types of structural and non- structural measures to be used as specified in the Best Management Practices for New Development Appendix to the Orange County Drainage Area Management Plan, the locations of structural BMPs, and assignment of long -term maintenance responsibilities 7. Prior to the issuance of a grading permit, the developer shall obtain either a National Pollutant Discharge Elimination System (NPDES) Permit or a Waste Discharge Requirements (WDR) permit, as required, from the Santa Ana Regional Water Quality Control Board for dewatering during construction. • _42_ CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX 8. Prior to the issuance of a grading permit, the Director, Building Department shall ensure that the grading plan includes a complete plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris, and other water pollutants. Prior to issuance of building permits, said improvements shall be constructed in a manner meeting the approval of the Director, Building Department, City of Newport Beach. 9. Prior to the issuance of an occupancy certificate, the Director, Building Department shall ensure that all outfalls into the bay shall have flapgates attached to the storm drain outlets to serve as a backflow prevention device. 10. Existing on -site drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer prior to the issuance of a building permit. A hydrology and hydraulic study and a master plan of water, sewer and storm drain for on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to the issuance of building permits. Any modifications to the existing storm drain system shall be the responsibility of the developer. 11. All storm drain facilities in the project and not located on public rights -of -way shall be cleaned and maintained by the Balboa Bay Club operator as reasonably necessary, but not less frequently than once per year prior to October 1. 12. The project sponsor or his successor shall ensure that driveways and parking lots in the project shall be swept at least monthly using a vacuum -type sweeper. 13. Prior to the issuance of an occupancy permit, a landscape plan, prepared by a licensed landscape architect, which includes a maintenance program that controls the use of fertilizers and pesticides, shall be reviewed by the City of Newport Beach General Services Department, and shall be -43- � X Q 'Ilk CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX approved by the Planning and Public Works Departments. The plan shall include an irrigation system designed to avoid surface runoff and over - watering. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with. the approved plan. 14. Prior to the issuance of building permits, the City Engineer shall ensure that drainage facilities are designed to remove oil and grease from run -off prior to discharge into the public storm drains. The project sponsor or his successor shall maintain such facilities on a regular basis. 15. Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable to the Director, Building Department, City of Newport Beach that: a. All construction vehicles or equipment, fixed or mobile, operated within 1,000' of a dwelling shall be equipped with properly operating and maintained mufflers. b. All operations shall comply with the City Noise Ordinance. C. Stockpiling and /or vehicle staging areas shall be located as far as practicable from dwelling units. 16. Prior to the issuance of building permits, the Director, Building Department, shall ensure that all non - residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element, which range from 45 DBA for hotels to 55 DBA for restaurants. COMMISSIONERS 1\1 IMPONWOR"MW CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX 17. During construction, inspectors of the Building Department shall ensure that construction activities shall be conducted in accordance with the City of Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 am. to 6:30 p.m. on weekdays, 8:00 am. to 6:00 p.m. on Saturdays, and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. 18. If necessary, the applicant shall apply for a waiver of the City noise abatement regulations to allow for dewatering and, if needed, pouring of the foundation. Electric pumps shall be required for dewatering equipment to reduce noise levels. The continuous concrete pour shall be scheduled outside of the peak traffic period to the extent feasible and shall encompass no more than one night time period. 19. At the time the City approves the requested waiver of City noise abatement regulations to allow for dewatering and pouring of the foundation, the City Engineer shall determine if it is necessary to require barriers of baffles to reduce noise from construction equipment so as not to exceed 50 DBA at the property lines. If required, the applicant shall install such measures prior to beginning any activities for which a waiver was granted. 20. Prior to the issuance of a building permit, the Building Department shall ensure that any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said structures shall be sound attenuated so as not to exceed 55 DBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. 21. The project proponent or his successor shall ensure that, loading dock activities are restricted as follows: -45- V1;0N;%X*%0\ CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX a. Loading dock deliveries shall occur only between the hours of 8:00 am. and 5:00 p.m. b. No trucks larger than 35 feet shall make deliveries to the site. C. All truck deliveries shall enter and exit through the eastern driveway and shall not utilize the aisle adjacent to the Baysbores area. 22. The Planned Community Development Plan shall include a Public Access Plan as provided in Exhibit 21 and Exhibit 22. Prior to issuance of any occupancy permit, public pedestrian walkways, parking areas and directional signage shall be installed in conformance with the Public Access Plan. Public access areas shall remain open at all times, including during construction of subsequent project phases, unless it is determined by the Building Director that access would create a public safety hazard. 23. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements prior to the issuance of a building permit. 24. A traffic signal shall be installed on Coast Highway at the main entrance to the Balboa Bay Club prior to the commencement of demolition or construction. If the traffic signal is installed by another party in connection with a separate project, the Balboa Bay Club shall reimburse said party the amount of one -half of the cost of installation of the traffic signal. Further, the Balboa Bay Club shall provide an easement for the installation of underground metal detectors in connection with the traffic signal at such time when the installation is proposed. -46- CITY OF NEWPORT BEACH MINUTES June 9, 1994 R(5LL CALL INDEX 25. The Building Department shall ensure that no construction equipment storage on West Coast Highway or deliveries or off - loading will be made in the West Coast Highway right - of-way. The sidewalk along West Coast Highway shall be kept open at all times except when being repaired or replaced. 26. Prior to the issuance of a building permit, the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer and sidewalks shall be provided between Coast Highway and building entrances. 27. Prior to the issuance of grading permits, the City Engineer shall ensure that the intersection of West Coast Highway and the main entrance drive and easterly drive shall be designed to provide sight distance for a speed of 50 miles per hour and sidewalk bicycle traffic. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed 24 inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 28. Prior to the issuance of a building permit, the Building Department shall ensure that, based on a fire flow requirement for sprinklered facilities of this nature, the following existing connections shall be upsized to provide for 2,000 gallons per minute fire flow (subject to Fire Department review and approval of design plans): Upsize the connection at Coast Highway from 6 inches to 12 inches and install an 8 -inch meter; Upsize the connection at Bayshore Drive from 4 inches to 8 inches and install a 6 -inch meter. 29. Prior to the issuance of building permits, the Fire Department shall review design plans to determine the -47- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL June 9, 1994 INDEX adequacy of emergency access. The Department may require indoor fire protection features, such as overhead fire sprinklers, if it determines that such measures are necessary to provide adequate fire protection. 30. Prior to the issuance of a building permit, the Building Department shall ensure that the facility installation will conform to applicable Public Utilities Commission regulations. The applicant shall comply with adopted state energy conservation standards per § §1451 -1542 of Title 20 of the California Administrative Code and § §P 20 -1451 through P 20 -1452 of Title 24 of the Code. 31. Prior to issuance of occupancy permits, the Building Department shall ensure that final design of the project shall provide for the incorporation of water- saving devices for project lavatories and other water -using devices. • 32. Water improvement plans shall be approved by the Fire Department, the Utilities Department and the Public Works Department, City of Newport Beach, prior to issuance of a grading permit. 33. Prior to issuance of a building permit, the Utilities Department shall ensure that the water distribution and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Orange County Health Department and the Utilities Department. 34. Prior to the issuance of an occupancy permit, the Planning Department shall ensure that drought - resistant vegetation shall be used in landscaping to reduce the demand for irrigation water in accordance with the Gays Landscaping Ordinance of 1992 (Municipal Code §14.17). 35. All proposed sewer improvements shall be approved by the Director, Public Works, City of Newport Beach prior to installation. -48- \41, IQ Q M MM10N\;NM*\\0 CITY OF NEWPORT BEACH 1011411 1Y51M June 9, 1994 ROLL CALL INDEX 36. If determined to be necessary by the City Traffic Engineer, a bus turnout shall be provided on West Coast Highway. The area adjacent to the bus turnout shall include a paved passenger waiting area complete with a bus shelter and bench. A paved, lighted and handicapped accessible pedestrian accessway shall be provided between this stop and the project buildings prior to the issuance of an occupancy permit. 37. A concrete bus pad sufficient to support the weight of a bus (see OCTD's "Design Guidelines for Bus Facilities ") shall be provided at the transit stop if it is determined by CalTrans that the material used to construct Coast Highway is not sufficient to support continued transit use of the bus stop. The determination of need as well as installation shall be made prior to the issuance of an occupancy permit. 38. Prior to issuance of any grading or building permits for the • site, the applicant shall demonstrate to the satisfaction of the Director of Public Works Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 39. Prior to issuance of building or grading permits, a master plan of water and sewer facilities shall be prepared and approved by the Director of Public Works. The applicant shall verify the adequacy of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 40. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. • -49- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL MMEX 41. Signage and exterior lighting shall be designed so as to confine all direct light rays to the property, and shall be approved by the Planning and Public Works Departments. 42. Any street signs, benches, planters and other similar facilities in the public right of way shall be designed in conformance with City standard plans and design criteria. Any such plans shall be approved by the Planning and Public Works Departments and may require encroachment agreements and /or permits prior to the issuance of an occupancy permit. 43. Prior to issuance of a building permit, the Building Department shall ensure that roof -top equipment shall be screened from view of upslope properties. 44. Any existing overhead utilities serving new or remodeled structures on the project site shall be placed underground • to the satisfaction of the Public Works Department prior to the issuance of an occupancy permit. 45. The Edison transformer serving the site shall be located outside the sight distance plans as described in City Standard 110-L prior to the issuance of an occupancy permit. 46. Fencing and walls along West Coast Highway adjacent to the club facility shall be of open design (e.g., wrought iron) so as to allow public views of the property and the bay. B. Amendment No. 787. Adopt Resolution No. 1359, recommending adoption of Amendment No. 787 by the City Council. . -50- .oO��c��+f .�dLLdrs ` y�o ;e �e 0�PdsO CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX Use Permit No. 3524 Findings: 1. That the proposed project is consistent with the General Plan and the proposed Planned Community Development Regulations, and as conditioned is compatible with surrounding land uses. 2. Portions of the existing project on the site were constructed prior to the adoption of the current General Plan, Local Coastal Program /Land Use Plan, and Zoning Ordinance, and are legal nonconforming structures. Such structures shall be subject to the provisions of Chapter 20.83 of the Zoning Code ( "Nonconforming Structures and Uses "). 3. That the establishment, maintenance or operation of the use or building applied for will not, under the • circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare to the City. 4. 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. S. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. -51- COMOSSIONErRS CITY OF NEWPORT BEACH MINUTES June 9 1994 ROLL CALL INDEX Conditions: Public Works Department 1. That all improvements be constructed as required by Ordinance and the Public Works Department. 2. That each building 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 and the Building Department. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer and sidewalks shall be provided between Coast Highway and Building entrances. 4. That Pedestrian access shall be provided throughout the . area of the Club portion of property identified in the public access plan as available for use by the general public. 5. That parking shall be provided on -site or in approved off - site lots for all employees, members and guests, and all employees will be required to park in these provided facilities. 6. That the intersection of West Coast Highway and the Main Entrance drive and easterly drive shall be designed to provide sight distance for a speed of 50 miles per hour and sidewalk bicycle traffic. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed 24 inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 7. That the proposed easterly guard gate be designed to provide vehicular stacking as required by the City Traffic -52- \4000M 4o�Poso CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX Engineer and that site distance be provided along West Coast Highway in conformance with the City's Sight Distance Standard 110 -L The design shall be reviewed and approved by the City Traffic Engineer and the Fire Marshall and shall allow right turns in and out only. No left turn movements will be allowed at this location. 8. That the deteriorated sections of concrete sidewalk shall be reconstructed along the West Coast Highway frontage; that any unused drive aprons shall be removed and replaced with curb, gutter and sidewalk; that the new drive apron sball be constructed per City Standard 166 -1; and curb access ramps shall be provided at the westerly drive entrance on West Coast Highway. All work shall be completed under an encroachment permit issued by the California Department of Transportation. 9. That a turnaround shall be provided prior to the guard • gates unless otherwise approved by the Public Works Department. 10. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a demolition, grading or building permit prior to completion of the public improvements. 11. That a drainage study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any demolition, grading or building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study and the City shall be the responsibility of the developer. The private water system will have to be upgraded to meet current City standards. • -53- o CZClc��,dpdr CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROn CALL INDEX 12. That a condition survey of the existing bulkhead 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. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 13. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the Citys Utilities Department. 14. That any Edison transformers serving the site be located outside the sight distance planes as described in City . Standard 110 -L and that the locations be subject to review and approval of the Public Works Department. 15. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department prior to the issuance of demolition, grading, or building permits. There shall be no construction storage or delivery of materials within the West Coast Highway right -of -way. The sidewalk along West Coast Highway shall be kept open at all times except when being repaired or replaced. 16. Prior to the commencement of each construction phase and related parking provisions, the project proponent shall notify the Traffic Engineer, City of Newport Beach, of the start date for that particular construction phase. • -54- I PN0N'R*01J%-\N0 CITY OF NEWPORT BEACH MINUTES June 9 1994 ROLL CALL INDEX Thereafter, as deemed necessary by the Traffic Engineer, the City will monitor the parking provisions to ensure compliance with the proposed phasing plan. 17. That earthwork hauling operations, major concrete placement, and other construction operations requiring more than 32 trips per day or 4 trips per hour by trucks shall be coordinated with the City Traffic Engineer and Caltrans Permits Division. During high peak traffic times of if operations are causing significant traffic congestion, the operations may be restricted by the City traffic Engineer and /of Caltrans. 18. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing unless otherwise • approved by the Fire Marshall. 19. Deleted. 20. That street signs, benches, planters and other similar features on -site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works and General Services Departments prior to the issuance of an occupancy permit. 21. That the Water improvement plans be approved by the Fire Department, the Utilities Department and the Public Works Department, City of Newport Beach, prior to issuance of a grading permit. 22. That all proposed sewer improvements shall be approved. by the Director, Public Works Department, City of Newport Beach. • -55- 41 CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX 23. That prior to the issuance of building permits, a bus turnout, if determined by the City Traffic Engineer to be necessary based on roadway cross sections, travel volumes or speeds, should be provided at the existing bus stop location. 24. That in conjunction with the provision of a bus turnout, the area adjacent to this turnout shall include a paved passenger waiting area complete with a bus shelter and bench. A paved, lighted and handicapped accessible pedestrian access way shall be provided between this stop and the project buildings. 25. That in conjunction with the provision of a bus turnout, a concrete bus pad sufficient to support the weight of a bus (see OCTD's Design Guidelines for Bus Facilities) shall be provided at this transit stop if it is determined by Cal Trans that the material used to construct Coast Highway is not • sufficient to support continued transit use of the bus stop, 26. That a traffic signal shall be constructed on West coast Highway at the main entrance to the Bay Club prior to the commencement of demolition or construction. The developer will be responsible for 50% of the cost for design and construction. U this signal is constructed by another party, that party shall be reimbursed for 50% of their cost of design and construction. 27. That a detailed preconstruction survey shall be prepared to document the present condition of all buildings and facilities within the zone of influence of the dewatered investigation. Photographs, crack surveys, and installation of a reference benchmark beyond the zone of influence shall be included in the preconstruction survey. Areas within at least 230 feet of the proposed excavation shall be monitored for any settlement and lateral movements due to possible deflection of the shoring system. Groundwater observation wells within the zone of influence shall be • -56- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES June 9, 1994 ROLL CALL INDEX installed. The specific parameters of the study shall be provided to the Grading Engineer for review prior to issuance of the grading permit. 28. That any existing overhead utilities on the project side of Coast Highway and along project frontage be put underground to the satisfaction of the Public Works Department. 29. That if found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement guaranteeing the repair of all damage to private property caused by the dewatering excavation process and the construction of subterranean improvements. 30. Prior to the issuance of grading permits, a National Pollution Discharge Elimination System (NPDES) Permit • shall be obtained from the Santa Ana Regional Water Quality Control Board. Water extracted from dewatering wells shall meet current Environmental Protection Agency requirements prior to discharging into the Bay. If necessary, the water shall be desilted prior to discharge. Fire Department 31. Prior to issuance of each building permit automatic fire sprinkler and fire alarm system plans shall be approved by the Fire Marshall. 32. Prior to issuance of any new certificate of occupancy the underground water supply providing water to the dock fire protection system shall be extended to West Coast Highway in a manner meeting the approval of the Fire Marshall. 33. Prior to issuance of any building permit official fire lanes shall be established in a manner meeting the approval of the Fire Marshall and the Traffic Affairs Committee. is -57- CITY OF NEWPORT BEACH MINUTES June 9, 1994 RO L CALL IIVDEX 34. Prior to issuance of any building permit the applicant shall submit a detailed fire hydrant system plan meeting the fire flow requirements determined by the Fire Marshall. Marine Department 35. Prior to issuance of any building permit, the applicant shall demonstrate that all parking and restrooms for the marina have been designed to comply with Sections 17, 18 and 19 of the City Council Harbor Permit Policies (City Council Policy H -1). Prior to issuance of any certificate of occupancy the Marine Director shall verify that this requirement has been satisfied. Police Department 36. Prior to issuance of each building permit the applicant shall demonstrate that exterior lighting has been designed to • provide an illumination intensity of one foot - candle at ground level throughout the project. D. Traffic Study No. 100. Findines: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the traffic study indicates that the project will neither . cause nor make worse an unsatisfactory level of service on any major, primary- modified, or primary street. • -58- a CITY OF NEWPORT BEACH MINUTES v 3) June 9 1994 ?6LL CALL INDEX. The Planning Commission recessed at 11:07 pm. and reconvened at 11:15 p.m. wtw Amendment No. 804 (Public Hearing) Item No. Request to consider an amendment to Title 20 of the Newport A 804 Beach Municipal Code so as to increase the allowable patio height (Res 136 limit within required front yard setbacks on residential lots along North Bay Front and South Bay Front on Balboa Island. Adopted INITIATED BY: The City of Newport Beach In response to continents by Commissioner Pomeroy regarding the proposed Amendment, William R. Laycock, Current Planning Manager explained that North Bay Front and South Bay Front have wider areas between the front property lines and the sidewalk . than the other areas. Mr. Laycock explained that the intent is that the solid raised patios on private property would be consistent with what the City Council approved on the public right -of -way along North and South Bay Front. In response to comments by Commissioner Gifford that there would not be further encroachments and the present authorized encroachments would not allow raised patios at the edge of the setback, Mr. Laycock replied that any patio on public property requires an Encroachment Permit from the City Council. Don Webb, City Engineer, explained that recently the City Council authorized encroachments that were 2 -1/2 feet above sidewalk level, and a 1 -1/2 foot setback from the sidewalk. Mr. Laycock explained that the Amendment does not affect the public right -of- way inasmuch only private property is involved with the Amendment. Mr. Laycock explained that the existing standards for raised patios on private property is 6 inches lower than what, is permitted by the City Council on public property. • -59- v 3) CITY OF NEWPORT BEACH u June 9, 1994 ROLL CALL INDEX The public hearing was opened in connection with this item, and there being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to recommend the adoption of Ayes * Amendment No. 804 (Resolution No. 1360) to the City Council. No * MOTION CARRIED. Disc. No Request to review and consider amending the Planning pc Rules Commission's Rules of Procedure of Proce- dure Commissioner Edwards recommended that VI. TIME OF Cont 1 d MEETINGS, be amended to state-it is the Planning Commission's to 7/7/94 intent that if the item introduced and being discussed by 11-M P. is not concluded by 12:00 p.m. the Planning Commission me • adjourn the meeting to another date. Commissioner DiSano stated that the Planning Commission has the option to call earlier meetings if there is a heavy agenda. He further pointed out that VII. AGENDAS states that... every agenda shall provide an opportunity for members of the public to speak and Mr. Hewicker pointed out that the reference is to the Public Comment section of the Agenda in accordance with the Brown Act. Commissioner DiSano referred to VIII. VOTING PROCEDURE, and he asked if VUL D could be added that would address a voting reconsideration provision. In response to Commissioner DiSano's comments regarding an earlier hour, Commissioner Edwards suggested that VI. TIME OF MEETINGS could be amended to state ...said meetings to commence ... when it is determined that the Commission's workload warrants such earlier starting time., whereby Commissioner DiSano agreed with the recommendation. -60- CITY OF NEWPORT BEACH MINUTES ed June 9 1994 ROn CALL INDEX Commissioner DiSano stated that if staff would be given the opportunity to give an official recommendation that there would be occasions where the applicants would not come before the Planning Commission, and he asked if it would be something that the Planning Commission would consider. Commissioner Glover did not support the suggestion. Commissioner Pomeroy stated that he supports staff recommendations inasmuch as an applicant that comes before the Planning Commission and is not skilled deserves to know beforehand how the staff feels in writing. Commissioner Gifford stated that staff recommendations may create a basis for issues to arise that would not arise otherwise. Commissioner Gifford suggested that VI. TIME OF MEETINGS, be amended to state ....The intent and purpose of this policy is to facilitate marimum public participation and to encourage a reasonable hour in which the Planning Commission business is discussed... • Commissioner DiSano and Commissioner Edwards discussed the intent of X. CONDUCT OF MEETINGS stating that the submittal of material for Planning Commission consideration less than seven working days prior to the date of the hearing that the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. Motion Motion was made and voted on to continue Discussion Item No. All Ayes 1 to the meeting of July 7, 1994, so as to allow staff additional time to review the Planning Commission's recommendations. s s e Amendment No. 806 D -2 Request to initiate an amendment to Chapter 20.74, Adult A 806 Entertainment Business, so as to amend Sections 20.74.010 and 20.74.020 and repeal Sections 20.74.030, 20.74.040 and 20.74.045. Initiat Motion was made to adopt Amendment No. 806. • -61- ed CITY OF NEWPORT BEACH MINUTES ed June 9, 1994 ROLL CALL INDEX In response to a question posed by Commissioner DiSano, Robin Flory, Assistant City Attorney, explained that the Amendment would make it easier to defend the regulations. Motion All Ayes Motion was voted on, MOTION CARRIED. General Plan Amendment 94 -2 D -3 Request to initiate amendments to the Newport Beach General GPA 94- Plan, as follows: Initiat A. Bolsa Park: Request of the Community Services Department to amend the Land Use and Recreation and Open Space Elements to designate a portion of Bolsa Avenue between Old Newport Boulevard and Broad Street for park purposes. The amendment to the Land Use Element would designate the park site for Recreational and Environmental Open Space, and include an area description for the park in the text. The amendment to the Recreation and Open Space Element will add the park site to Service Area 3 as a mini park in the Recreation and Open Space Plan and on the Service Area 3 Map. AND B. Fashion Island: Request consider an amendment to the General Plan Land Use Element to increase the development allocation for Fashion Island by 266,000 sq.ft. to a total 1,615,800 sq.ft. AND C. Cloobeck Proper - Between Newport Boulevard and Balboa Boulevard at 28th Street: Request to amend the General Plan Land Use Element to allow for the creation of a specialty retail and parking overlay district, which • -62- ed CITY OF NEWPORT BEACH MINUTES June 9 1994 ROLL CALL INDEX would allow the City consider approval of commercial projects which exceed the floor area and /or building bulk limits specified in the Element. Motion Motion was made and voted on to recommend to the City Council Ayes * * General Plan Amendment No. 94 -2 A and 94 -2 B. MOTION No * CARRIED. In response to questions by Commissioner Ridgeway, James Hewicker, Planning Director, explained that Amendment 94 -2(C) involves public and private property, and restaurant and retail uses and parking. Mr. Hewicker replied that the majority of the existing parking on the City parcel will be relocated to a parking structure on the Cloobeck parcel. He pointed out that many issues need to be reviewed and addressed before the project would come before the Planning Commission. Commissioner Ridgeway stated that be opposes the initiation on the basis of the location. Commissioner Gifford stated that the information provided to the Planning Commission was not sufficient to make an informed decision, and in order to support the initiation she would need a more clear understanding of what was intended. Patty Temple, Advance Planning Manager, referred to the aerial photo on display that indicates the properties involved, i.e. the Cloobeck property that is currently a retail and office development and the existing Municipal parking lot. The applicant submitted a very preliminary concept to staff and there appears to be sufficient interest in the proposal to encourage the applicant to refine the concept for additional consideration. She stated that if the Amendment would be initiated that there would be further review of how and in what way should the City's property be used in the type of concept that the applicant is proposing. Ms. Temple pointed out that the existing parking lot involved is owned in fee by the City and is not a street easement. Commissioner DiSano stated that on the basis of the Economic Development Committee giving consideration to certain things as -63- CITY OF NEWPORT BEACH MINUTES ROLL CALL June 9, 1994 INDEX to whether they work or do not work, and based on the fact that the area is questionable all of the time as to whether it functions or does not function or can function better, it is worth the experiment to see if something can be done. Motion was made Motion and voted on to initiate General Plan Amendment 94 -2 (C). Ayes * * MOTION CARRIED. Noes * * * - sss ADJOURNMENT: 11:40 p.m. Adjourn ANNE K GIFFORD, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • 40 -64-