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HomeMy WebLinkAbout07/22/1993COMMISSIONERS CITY OF NEWPORT BEACH MINUTES REGULAR PLANNING COM USSION MEETING lo�or� sy� PLACE: City Council Chambers 1° DATE: y 22P 93 V9 rr'r'� ROLL CALL mmEX Present Absent * * * * * * Chairman Merrill was excused. (Commissioner Pomeroy arrived at 7:35 p.m.) EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary i Y Y Minutes of July 8, 1993 Minutes of 7/8/ . Motion * Motion was made and voted on to approve the July 8, 1993, Ayes Planning Commission Minutes. MOTION CARRIED. Abstain Absent * * Y t s Public Comments: Commissioner DiSano complimented Commissioner Glover and Commissioner Edwards on their reappointments to the Planning Commission. He commended Commissioner Edwards on his 1992- 93 tenure as Chairman of the Planning Commission. Acting Chairman Glover presented Commissioner Edwards on behalf of the Planning Department and the Planning Commission with an acrylic sailboat in appreciation of his service as Chairman of the Planning Commission. Commissioner Edwards expressed appreciation to the Planning . Commission and the Planning Department staff for their support during his tenure as Planning Commission Chairman. V9 rr'r'� VV10 Q 11 i0FRN%* CITY OF NEWPORT BEACH MINUTES July 22 1993 ROLL CALL INDEX Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, July 16, 1993, in front. of City Hall. x x x Use Permit No. 3492 "lic HeadWj item No. Request to permit the establishment of a private elementary UP3492 school (kindergarten through 6th grade) in modular buildings on a portion of the Newport Mesa YMCA site, located on property Approved in the R -1 District. LOCATION: Parcel No. 1, Parcel Map 3 -35 (Resubdivision No. 215) located at 2300 University Drive, on the northeasterly side of University Drive, southeast of Irvine Avenue, in the West Bay area. ZONE: R -1 APPLICANT: Bennett -Hicks Private School, Newport Beach OWNER: Young Men's Christian Association, Newport Beach The public hearing was opened in connection with this item, and Ms. Deborah Hicks, 1 Marblehead Place, Laguna Niguel, applicant, appeared before the Planning Commission. In response to a question posed by Acting Chairman Glover, Ms. Hicks concurred with the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Ridgeway, Ms. Hicks replied that the installation of double insulation in the ceiling will restrict the noise from the airport. -2- I COMMISSIONER" 05M*4\16� \\110 CITY OF NEWPORT BEACH MINUTES r» 1U 9? 1001 ROLL CALL INDEX Mr. Tom Lee, appeared before the Planning Commission on behalf of the YMCA Board of Directors to express their support of the subject project. Mr. Lee presented a letter from the Bay Corporate Plaza Owners Association, dated July 21, 1993,. addressed to the YMCA Board of Directors, expressing their support of the proposed project subject to the installation of additional landscaping adjacent to the school building. 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. 3492 Ayes * * subject to the findings and conditions in Exhibit "A ". MOTION Absent CARRIED. • FINDINGS: 1. That the proposed application is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parking exists on -site for the proposed development and the YMCA use on the subject property. 3. That the proposed development will not have any significant environmental impact. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan and elevations. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. ID -3- CITY OF NEWPORT BEACH �u�ii`fl-5P July 22 1993 ROLL CALL INDEX 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 4. That the proposed modular buildings be served by underground services unless otherwise approved by the Building Department and the Public Works Department. 5. That all employees shall park on -site at all times. 6. That the total number of students shall not exceed 60 persons. Any additional increase in the number of students shall be subject to the approval of an amendment to this use permit. 7. That Coastal Commission approval shall be obtained prior to the issuance of a building permit. 8. 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. 9. This use permit shall expire unless exercised within 24 months from the date of approval as speed in Section 20.80.090A of the Newport Beach Municipal Code. -4- COMMSSIONERS CITY OF NEWPORT BEACH MINUTES T,il..77 1001 - [LOLL CALL INDEX Use Permit No. 3502 (Public Hearings item No. , Request to permit the establishment of a facility specializing in the UP3502 sales, service and installation of cellular phones, equipment and. accessories on property located in the M -1 -A District. Approved LOCATION: Lots 52, 53 and a portion of Lot 54, Tract No. 3201, located at 3823 -3825 Birch Street, on the westerly comer of Birch Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: J.H.R.L. Inc., Newport Beach OWNER: University Industrial Center, Newport Beach The public hearing was opened in connection with this item, and Mr. Robin Leamy, 422 Aliso Avenue, appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A ". Mr. Leamy explained that all of the cellular phone installations would be conducted inside the building. 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. 3502 - * * * * * * to the findings and conditions in Exhibit "A". MOTION subject Absent * CARRIED. Findings: 1. That the proposed application is support service in nature and not an intensification of use of the existing structure, and as such, is consistent with the Land Use Element of the . General Plan and is compatible with surrounding land uses. -5- L COMMISSIONERS CITY OF NEWPORT BEACH MINUTES July 22 1993 ROLL CALL INDEX 2. That adequate parking exists on -site for the proposed development. 3. That the establishment of the subject business will not have. any significant environmental impact. 4. That the approval of Use Permit No. 3502 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 proposed development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all installation, testing and demonstration of cellular telephones and similar automotive accessories shall be conducted within the building and no outdoor display shall be permitted. 3. That all mechanical equipment and trash areas shall be screened from Birch Street and adjoining properties. 4. That no outdoor sound system shall be utilized on -site. 5. That all employees shall park on -site at all times. 6. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. No temporary A -frame signs shall be permitted. 7. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a • determination that the operation which is the subject of this -6- CITY OF NEWPORT BEACH MINUTES 16.6, 79 I Gal ROLL CALL INDEX use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. 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. i i R Use Permit No. 3503 (Public Hearing) Item No. Request to permit alterations and additions to an existing UP3503 Approved nonconforming duplex located on property in the R -1 District. The existing structure is also nonconforming for the following reasons: the garage and second floor apartment unit encroach 2 . feet 6 inches into the required 2 foot 6 inch rear yard setback adjacent to a 20 foot wide alley, and 3 feet into a required 3 foot side yard setback; and two of the three existing garage parking spaces maintain a nonconforming depth of 17 feet 4 inches, where the Zoning Code requires a minimum clear depth of 19 feet. The applicant is requesting to retain the existing nonconformities in conjunction with the construction of a second floor addition which will fully conform to the R -1 development standards. LOCATION: A portion of Lot 18, Block K, Tract No 518, located at 1753 Plaza del Sur, on the southerly side of Plaza del Sur,.between I Street and L Street, on Peninsula Point. ZONE: R -1 APPLICANT: Don Keys, Laguna Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Don Keys, applicant, appeared before the Planning -7- 4 COPAMSSIONERS •-Y�Ot 't BOO CITY OF NEWPORT BEACH MINUTES. Inly 22. 1993 ROLL CALL INDEX Commission. Mr. Keys explained that the proposal would retain the integrity of the architectural style of the 1929 structure as much as possible, and the project would enhance the neighborhood. He concurred with the findings and conditions in. Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3503 Ayes * * subject to the findings and conditions in Exhibit "A ". MOTION Absent * CARRIED. Findings: 1. That the proposed application is consistent with the Land Use Element of the General Plan, and the Land Use Plan of the Local Coastal program provided that the nonconforming use provisions set forth in the Zoning Code are satisfied. 2. That the proposed project will be consistent with the existing residential character of the surrounding neighborhood. 3. That the proposed project will not increase the number of bedrooms within the primary dwelling unit, and therefore, will not increase the demand for parking on the subject property. 4. That the new second floor addition will fully comply with the R -1 Development Standards set forth in the Newport Beach Municipal Code. 5. That there is adequate off-street parking for the proposed project. r MINUTES °� des ° CITY OF NEWPORT BEACH T,;,,, 11) , ooz ROLL CALL INDEX 6. That the proposed alterations and additions to the existing structure involve only the primary dwelling unit, and therefore will not extend the life of the nonconforming second dwelling unit. 7. That the granting of the modification to the Zoning Code to maintain the nonconforming garage depths and existing nonconforming side and rear yard setbacks will not be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood, and further that such modification is consistent with the legislative intent of Title 20 of this Code. 8. That the proposed alterations and additions to the existing structure and the continued presence of the existing side and rear yard encroachments 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 proposed construction shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the existing garages shall be accessible to the parking of vehicles at all times. 3. That Coastal Commission approval shall be obtained prior to the issuance of building permits for the proposed . addition. -9- I CITY OF NEWPORT BEACH MINUTES r»i„ z?, t 441 ROLL CALL INDEX 4. That the proposed development shall be redesigned slightly so as to meet the 24 foot average roof height required in the 24/28 Foot Height Limitation Zone. 5. 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. A. Use Permit No. 3505 (Public Hearing) rtem No.4 Request to permit the conversion of an existing 69 unit apartment UP3505 project known as the Granville Apartments to residential condominiums, on property located in the Unclassified District. TTM 14839 AND CRDP 20 Approved B. Tentative Map of Tract No. 14839 (Public Hearing) 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. ENGINEER: Duca - McCoy, Inc., Corona del Mar AND C. Coastal Residential Development Permit No 20 (Public Hearing) Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance relative to the City's Low and Moderate Income Housing provisions, as they • -10- COMMUSSIONERS CITY OF NEWPORT BEACH u99 T" 1. 7) 1001 ROLL CALL INDEX apply to the conversion of a 69 unit apartment project to condominiums, on property located in the Coastal Zone. LOCATION: Parcel 1 of Parcel Map 10-20 (Resubdivisions. No. 233 and 240), located at 1001 -1147 Granville Drive, westerly of Newport Center Drive, in Newport Center. ZONE: Unclassified APPLICANT: Burnham USA Equities, Inc, Newport Beach OWNER: The Granville, Newport Beach Commissioner Gifford requested a clarification of what qualifies as low and moderate income housing and how the project would . relate to that requirement. James Hewicker, Planning Director, explained that 120% ($65,451.00) is the County's median income, and individuals with a lower income would fall in the low to moderate range. The current rents under the current occupancy of the apartment complex is from $1,800 to $3,300 and those figures are well above the low to moderate standards. When there is a conversion of 10 or more dwelling units in the Coastal Zone, it is necessary to provide replacement housing within the Coastal Zone for low and moderate income occupants, and inasmuch as there are no occupants that fall within that range, the requirements of the Coastal Residential Development Permit have been met. In response to questions posed by Commissioner Pomeroy, Mr. Hewicker explained that at the time the applicant submitted the application for the conversion, staff used the vacancy rate that was based upon the 1992 -93 survey which was above the 5 percent vacancy threshold. Between the time the applicant filed the application and the public hearing, the vacancy rate for 1993 -94 was certified by the City Council at 4.8 percent. If the application had been filed after the new vacancy rate had been established, then additional findings would have had to be made in order to -11- �'iOo CITY OF NEWPORT BEACH MINUTES 7nly 22. 1993 ROLL CALL UMEX allow the condominium conversion. Commissioner Pomeroy stated that throughout Orange County, vacancy rates are up and the City has recently had many condominium conversions on Irvine Company properties. Mr. Hewicker explained that when several. Irvine Company apartment complexes were constructed during the past five years they were originally approved and built as condominiums. The vacancy rate does not consider those Irvine Company projects. The reason the vacancy rate was above the 5 percent threshold in 1992 was that there were two large apartment complexes in the City which were either undergoing renovation or going through a change in operational characteristics. William Laycock, Current Planning Manager, addressed the Tentative Map of Tract No. 14839, Findings No. 6 and No. 7, Exhibit "A ", and he suggested that the findings be included in the Conditions of Approval, and that each of the conditions shall be . modified to state shaU instead of wi1l. The public bearing was opened in connection with this item. Mr. Bill Ficker, architect and planner, appeared before the Planning Commission on behalf of the applicant. He explained several reasons why the property owners have requested that the apartments be converted to condominiums. The conversion of 25 year old apartment units helps to maintain quality because it is difficult in rental units to maintain the same quality and maintenance as it is in a private residence. As apartment buildings get older and new apartments are constructed it may be necessary to lower the rents and to have to contend with maintenance expenses. The proposed selling price of the condominiums is from the low to mid $400,000 range. He addressed the special conditions for the elderly and extended notice for relocation assistance, if necessary. He concurred with the findings and conditions in Exhibit "A". In reference to the staff report, Mr. Ficker requested waivers of the following Building Department suggested corrections: Correction No. 4, requiring individual unit access to electric • meters; Correction No. 7, regarding seismic requirements; -12- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES T „1., T) 1001 ROLL CALL INDEX Correction No. 10, regarding Title 24 energy requirements and plumbing fixtures; Correction No. 11, requiring smitty pans under the second floor water heaters; Correction No. 12, requiring fire sprinklering; and Correction No. 13, requiring handicapped accessibility. The Building Department has indicated that it has no objections to the requested waivers. In reference to Use Permit No. 3505, Condition No. 9, Exhibit "A ", Mr. Ficker explained that in condominium conversions it is not possible to comply with the 1991 National Electric Code, and he requested that the Condition be waived or to amend the condition to state subject to approval by the Building Department. Mr. Hewicker concurred that if there has been a change in the Electrical Code between the time the units were built and 1991 it would be essential to reconstruct the buildings to bring the wiring up to the 1991 Code. Staff was of the opinion that the wiring in the buildings met the 1991 Electric Code. Mr. Ficker concurred with Mr. Laycock's request to include Conditions No. 13 and No. 14 to the Tentative Map of Tract No. 14839, Exhibit "A ". . In response to a question posed by Commissioner Gifford with respect to special assistance to assist in the location of apartments of similar quality, standards and rental rate, and provide planning and logistical assistance to those tenants who request such help, Mr. Peter Bowie, 332 Catalina Drive, appeared before the Planning Commission. He explained that the following projects have rental units available of similar quality to the Granville Apartments: the Mai Kai condominiums, Belcourt Hill, the Maclean project at Big Canyon, Big Canyon apartments, and apartment units are planned at Pelican Hill of similar quality and structure. In response to a question posed by Commissioner Edwards, Mr. Bowie explained that the applicant would provide any help that an individual requested, within reason, in terms of helping the tenants relocate as required in Condition No. 15, Use Permit No. 3505, Exhibit "A". -13- COMMISSIONERS CITY OF NEWPORT BEACH 16,11U1111i�.9 1111V 99 1993 ROLL CALL INDEX In response to a question posed by Acting Chairman Glover, Mr. Bowie explained that the applicant attempted to meet personally with each of the tenants; however, there were tenants who indicated that it was not necessary and those tenants were. interviewed over the telephone. Approximately 90 percent of the residents are in a position where they economically can afford to purchase the unit if they desire. The majority of the tenants are over 50 years old, many individuals are retired, and they enjoy the location, convenience, and amenities of the development. In response to a question posed by Acting Chairman Glover, Mr. Bowie replied that documentation is available concerning the tenants that were contacted, and none of the tenants contacted expressed strong opposition to the conversion. In response to a question posed by Commissioner Ridgeway, Mr. Bowie explained that the applicant would work with the City . regarding logistical assistance, and a designated employee would be responsible to assist the tenants who wish to move. The intent is to price competitively enough to motivate as many of the existing tenants as possible to purchase their unit, and there are indications that there is a high percentage of tenants who would like to purchase their unit. The applicants are looking at a close of escrow from eight to twelve months by the time the permit process has been completed. The intent would be to sell units as the units become vacant and it is their estimation that there are approximately 15 tenants who intend to relocate in any event. The applicant intends to make significant maintenance improvements at the close of escrow and would actively start marketing the property when those improvements are completed. Commissioner Ridgeway expressed his concern regarding the relocation of the tenants and when the tenants would be displaced. He stated that there would be a disruption for the elderly tenants. Mr. Bowie concurred that there are elderly tenants with physical limitations, and those tenants have been informed that they could remain as long as they desire. Acting Chairman Glover emphasized that it is pertinent that the applicants follow specific procedures. Mr. Hewicker explained that -14- COMRaSSIONERS VNIERNMORW\%to CITY OF NEWPORT BEACH u I ILI 5;� 1ls+M1;gMV;1 X ROLL CALL INDEX staff has not received telephone calls from any of the tenants regarding any problems. With respect to special efforts for the tenants, the Ordinance requires that those procedures be provided only for the fixed income elderly and handicapped tenants. There are minimum notice requirements that have to be made to all of the tenants before anyone would be relocated. Mr. Robert Grant, 1125 Granville, appeared before the Planning Commission in support of the conversion. The conversion would upgrade the neighborhood inasmuch as improvements would have to be made, there would be better maintenance of the property, there would be more stable ownership, and there is a great demand for this type of development in Newport Beach. Mr. John Meyer, 1121 Granville, appeared before the Planning Commission. He said that the opportunity to purchase one of the units is very important to the tenants and most of the tenants feel the same way that he does. Dr. Fredrick Prescott, Granville resident, appeared before the Planning Commission. He expressed his support of the conversion, the applicant's proposal to upgrade the area, and the conversion would be a compliment to the Newport Center area. There being no others desiring to appear and be beard, the public hearing was closed at this time. In response to a question posed by Commissioner Edwards regarding Condition No. 15, Use Permit No. 3505, Exhibit "A ", stating That the applicant shall provide fired income elderly and handicapped tenants with extended notice of 12 months relating to the intent to convert the complex to condominiums..., Mr. Hewicker explained that the intent is 12 months from the time the conversion approval becomes effective. Discussion followed between staff and the Commission regarding the intent to give a certain period of time of notice to the elderly and handicapped tenants. -15- CoWdISSIONERs CITY OF NEWPORT BEACH MINUTES 7nly 22. 1493 ROLL CALL INDEX Motion Motion was made and voted on to approve Use Permit No. 3505, Ayes * Tentative Map of Tract 14839 and Coastal Residential Absent Development Permit No. 20, subject to the findings and conditions in Exhibit W, and amend Condition No. 9, Use Permit No. 3505,. and add Conditions No. 13 and No. 14, Tentative Map of Tract No. 14839. MOTION CARRIED. A. Use Permit No. 3505 Findinese 1. That as conditioned, the project will substantially comply with all applicable standard plans and specifications, and adopted City and State Building Codes for new buildings. 2. That the existing development meets or exceeds the . minimum development standards required for the MFR District. 3. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 4. That the proposed lot sizes conform to the area, depth and width requirements as specified by Chapter 19.20 of the Subdivision Code. S. That the project is consistent with the adopted goals and policies of the General Plan. 6. 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, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare . of the City. -16- CITY OF NEWPORT BEACH MINUTES hilv "_ 1993 . ROLL CALL INDEX 7. That the applicant is providing special assistance to fixed income elderly and handicapped tenants in the form of a 12 month extended notice relating to the intent to convert the complex to condominiums and special assistance in the location of apartments of similar quality, standards and rental rate. 8. That there are no tenants within the project whose incomes are below 120% of the County's median income. 9. That a minimum of 30% of the existing tenants have expressed written interest in exercising their option to purchase a converted unit within the project. 10. That the waiver of certain standards established by Title 15 of the Newport Beach Municipal Code will in no way be . more detrimental to adjacent properties or improvements than will the strict compliance with the requirements of Title 15. Conditions: 1. That the project shall be in substantial conformance with the submitted site plan and floor plans, except as noted below. 2. Install separate building sewers from each unit, and make separate connections to the city lateral or provide a common ownership maintenance agreement on sewer sections located on private property and common to all owners. 3. That the requirement for individual unit access to electrical service meters in multi- tenant buildings is hereby waived. 4. Attic space shall not be used for any purpose unless specifically designed by an engineer and approved by the • Building and Planning Departments. -17- 4041PWONAMAVO CITY OF NEWPORT BEACH MINUTES. July 22. 1993 ROLL CALL INDEX 5. In multi -unit buildings, the floor ceiling assembly shall be one hour fire resistive construction with all penetrations sealed. 6. In multi-unit buildings, handrails shall be installed per Section 3306(1) of the UBC (34 to 38 inches high). 7. Smoke detectors shall be installed in all units per Section 1210 of the UBC. 8. That the requirement to submit an engineering analysis to show that all structures comply with the 1991 UBC seismic requirements is hereby waived. 9. All wiring in all buildings shall comply with the 1991 National Electric Code (NEC), unless otherwise approved . by the Building Department. 10. That ground fault protection shall be provided for all receptacles within kitchens, bathrooms, and garages as well as ground floor exterior receptacles. 11. That the requirement to submit an analysis of existing buildings to show compliance with Title 24 energy requirements and the requirement to use plumbing fixtures which are CEC listed are hereby waived. 12. All second floor water heaters shall have a pressure relief valve. Smitty pans shall be required for all second floor water heaters unless otherwise approved by the Building Department. 13. That the requirement for all buildings over 5,000 square feet to be sprinklered is hereby waived. 14. That the ADA and Title 24 requirements for handicap accessibility, on site and within a percentage of the first • floor units, is hereby waived. -18- CITY OF NEWPORT BEACH MINUTES III IV 2.2. 1993 ROLL CALL INDEX 15. That the applicant shall provide fixed income elderly and handicapped tenants with extended notice of 12 months relating to the intent to convert the complex to condominiums. Said assistance shall also include locating apartments of similar quality, standards and rental rate, and providing planning and logistical assistance to those tenants who request such help. 16. That prior to the sale of any condominium unit, the applicant shall obtain a Report of Residential Building Records for each unit within the project. 17. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. . 18. That all conditions of Tentative Map of Tract No. 14839 shall be fulfilled. 19. That this use permit shall expire unless exercised within 36 months from the date of approval. B. Tentative Map of Tract No. 14839 Findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. . 3. That the proposed subdivision presents no problems from -19- COAUMSSIONE1tS CITY OF NEWPORT BEACH MINUTES July 211993 ROLL CALL INDEX a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That the existing buildings within the subject project will be in substantial compliance with the current Building Code and Zoning Code. 6. That each of the tenants of the proposed condominium will be given 120 days' written notice of intention to convert prior to termination of tenancy due to the proposed conversion; 7. That each of the tenants of the proposed condominium will . be given notice of an exclusive right to contract for the purpose of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. Conditions: 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the final map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established . by the County Surveyor in a manner described in Section -20- COMMISSIONERS • Rt�� d�0 CITY OF NEWPORT BEACH ul ►� hdv 22 1993 ROLL CALL INDEX s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That cleanouts be installed on each existing sewer lateral in the development at the edge of public easement as required per City Standard Number 406 -L unless otherwise approved by the Public Works Department. . 5. That 75 feet of rigbt -of -way be dedicated to the public for street and highway purposes along the southerly boundary of Lot No. 1 in alignment with Farallon Drive. The future Corporate Plaza West development will require the extension of Farallon Drive with a minimum roadway width of 60 feet. 6. That the owners of the Granville Apartments enter into an agreement to permit the realignment of their entrance drive to intersect the future extension of Farallon Drive at right angles at such time as the Corporate Plaza West site is developed. The wording of this agreement shall be approved by the Public Works department and the City Attorney's Office. 7. That easements for public emergency and security ingress, egress and public utility proposes on all private streets be dedicated to the City and that all easements be shown on the Final Map. 8. That a curb access ramp be constructed on the • southwesterly corner of Newport Center Drive at Newport -21- CONl USSIONERS CITY OF NEWPORT BEACH MINUTES July 22. 1993 ROLL CALL MEX Center Drive ring road and that the displaced and cracked sections of sidewalk be reconstructed along the Newport Center Drive ring road frontage under an encroachment permit issued by the Public Works Department. All work shall be completed prior to recordation of the final map unless otherwise approved by the Public Works Department. 9. That 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. . 10. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the final map. 11. That all conditions of Use Permit No. .3505 shall be fulfilled. 12. That the approval of this tentative map shall expire unless a final map is recorded within three years from the date of the tentative map approval, unless an extension is approved by the City, as specified in Section 19.16.010 of the Newport Beach Municipal Code. 13. That each of the tenants of the proposed condominium shall be given 120 days' written notice of intention to convert prior to termination of tenancy due to the proposed conversion. 14. That each of the tenants of the proposed condominium shall be given notice of an exclusive right to contract for the purpose of their respective units upon the same terms and conditions that such units will be initially offered to the . general public or terms more favorable to the tenant. -22- COMMISSIONERS • ��'�o�l�P'i'o��o CITY OF NEWPORT BEACH ul.? July 22. 1993 BOLL CALL INDEX C. Coastal Residential Development Permit No. 20 Finding: 1. That the proposed project meets the requirements of Chapter 20.69 of the Newport Beach Municipal Code relative to the Low and Moderate Income Housing provisions within the Coastal Zone. Variance No. 1191 (Public Hearing) Item No.. Request to permit alterations and additions to an existing single V1191 . family dwelling on property located in the R -2 District so as to exceed the allowable gross structural area of 1.5 times the buildable area of the site. Said variance also includes a request to Approved allow portions of the provided open space to be less than six feet in all directions. The proposal also includes modifications to the Zoning Code so as to: allow an architectural projection to encroach 1 foot into the required 15 foot front yard setback; to allow a ground floor carport and second floor living area to encroach 5 feet into the required 10 foot rear yard setback; and to allow a third floor roof deck to encroach 6 feet 6 inches± into the required 10 foot rear yard setback. LOCATION: A portion of Lot 17, Block 131, Corona del Mar, located at 219 Dahlia Avenue, on the southwesterly corner of Dahlia Avenue and Seaview Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Kent G. Bogott, Tucson OWNERS: Robert L and Diane L. Ritchie, Corona del Mar -23- COMMISSIONERS 00101PIOW011*\�\0 CITY OF NEWPORT BEACH MINUTES July 22. 1993 ROLL CALL INDEX The public bearing was opened in connection with this item, and Mr. Kent Bogott, architect, appeared before the Planning Commission on behalf of the property owners. He stated that the subject variance is required to remodel the structure, and the. improvement would enhance the area. In response to a question posed by Acting Chairman Glover, Mr. Bogott 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. In response to questions posed by Commissioner Edwards, James Hewicker, Planning Director, replied that the majority of the development in the neighborhood conforms with the 1.5 FAR in the area. However, there will be requests by property owners of smaller lots in the future to construct homes that are larger than • is automatically permitted on the size of the property based in the manner that the property was subdivided. In response to a question posed by Commissioner Gifford regarding Condition No. 10, Exhibit "A ", stating that one dwelling unit shall be permitted on the property, Mr. Hewicker explained that the first floor of the structure would not be utilized as a second dwelling unit and it would be occupied by the same family or their guests. Commissioner Gifford questioned if the new language should be recorded against the deed or to initiate a change in zoning so as to enforce the condition. Mr. Hewicker explained that the purpose of the condition is to be certain that only one dwelling unit exists on the subject property and that one structure exists on the small lot at the back of the subject property. If the two contiguous properties were rezoned to the R -1 District, it would be considered "spot zoning ". The recording of the Covenant indicating one dwelling on the property demonstrated the intent of the City when permitting the approval of the variance on the site in 1963. There is no record of enforcement problems on the subject property: • -24- COREWSSIONERS *Q+\VN1P0NR\*\'%0 CITY OF NEWPORT BEACH MINUTES July 22, 1993 ROLL CALL INDEX Motion Motion was made and voted on to approve Variance No. 1191 Ayes subject to the findings and conditions in Exhibit "A ". MOTION Absent CARRIED. Noes FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same District inasmuch as the subject property is encumbered by an unusual size. 2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of • the applicants, inasmuch as the proposed project is generally comparable to the size, bulk, open space and height to other buildings in the surrounding neighborhood. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 4. That the proposed new construction does not encroach into any required side yard, will not reduce the open space to an amount less than that otherwise required on a typical 30 foot wide lot, and will not under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the Qty. • -25- CITY OF NEWPORT BEACH ul ► July 22. 1993 ROLL CALL INDEX 5. That the approval of the modification to the Zoning Code so as to allow the proposed encroachments into the required front and rear yard setbacks will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City; and further that the proposed modifications are consistent with the legislative intent of Title 20 of this Code, inasmuch as the subject property is encumbered by unusual setback requirements. 6. 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. 7. That public improvements may be required of a developer per Section 20.82.050 of the Municipal Code. CONDITIONS: 1. That the development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted below. 2. That the proposed gross structural area shall not exceed 1,944± square feet (with a maximum of 1,766± sq.ft of living area and a minimum of 178± sq.ft. of covered parking counted toward the gross square footage). 3. That the open space requirement of measuring 6 feet in any direction is hereby waived; however, a minimum of 3,456 cubic feet of open space shall be provided within the buildable area of the subject property. • -26- COMMSSIONERs 0 CITY OF NEWPORT BEACH MINUTES July 22, 1993 ROLL CALL WDEX 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. 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. 6. That a 5 foot radius comer cutoff at the corner of Seaview Avenue and Dahlia Avenue be dedicated to the public prior to issuance of any building permits unless otherwise approved by the Public Works Department. 7. That the tree on Dahlia Avenue be root pruned and the deteriorated and tree damaged portions of curb and . sidewalk be reconstructed along the Seaview Avenue and Dahlia Avenue frontages; and that the brick pavers located in the Dahlia Avenue parkway be reset to grade or removed and the parkway regraded. All work shall be completed under an encroachment permit issued by the Public Works Department. S. 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. 9. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 10. That only one dwelling unit shall be permitted on the subject Property- -27- COMMISSIONERS CITY OF NEWPORT BEACH uF9TUTUP July 22 1993 ROLL CALL INDEX 11. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. Commissioner Pomeroy stated that Variance No. 1191 is an example that a three story structure can be developed within a 29 Foot Height Limit. Amendment No. 782 (Public HearinEl Item No.6 Request to amend Title 20 of the Newport Beach Municipal Code A782 so as to permit pet shops, animal hospitals, and animal grooming (Res 1333 . facilities in commercial areas of the Cannery Village /McFadden Approved Square Specific Plan (SP-6) District, subject to the approval of a use permit in each case. INITIATED BY: The City of Newport Beach In response to a question posed by Commissioner Edwards, James Hewicker, Planning Director, explained that the subject uses were not included when the Cannery Village /McFadden Square Specific Area Plan was approved. Commissioner Edwards stated that pet shops in Cannery Village could be a concern to the residents in the neighborhood. Mr. Hewicker commented that an applicant would be required to submit a use permit to the Planning Commission for approval. Discussion ensued between the Planning Commission and staff regarding noise from pet shops and animal hospitals. The public hearing was opened in connection with this item. There being no one to appear and be heard, the public hearing was closed at this time. • -28- CITY OF NEWPORT BEACH IZ1100Di�?.y July 22. 1993 [LOLL CALL INDEX Motion Ayes Absent * * * * * * * Motion was made and voted onto recommend Amendment No. 782 (Resolution No. 1333) to the City Council. Commissioner DiSano stated that each applicant would be required to submit a - use permit to the Planning Commission for approval, and the. Commission would review the application and act on the request on a case by case basis. MOTION CARRIED. ADDITIONAL BUSINESS: Ann I L Motion Ayes Absent * * * * * * Motion was made and voted on to excuse Commissioner DiSano from the Planning Commission meetings of August 5, 1993, and August 19, 1993. Commissioner Gifford was excused from the Planning Commission meetings of August 19, 1993, and October BUSINES: DiSano Gifford Excused 7, 1993. MOTION CARRIED. ADJOURNMENT: 8:55 p.m. Adjourn ANNE K GIFFORD, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -29-