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HomeMy WebLinkAbout08/04/1983MANSC.NERS REGULAR PLANNING COMMISSION MEETING XIX IX IX 1* I Commissioner Balalis was absent. * ** EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney * * * STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert P. Lenard, Advance Planning Administrator Benjamin B. Nolan, Public Works Director Nancy M. Alvidrez, Secretary APPROVAL OF THE MINUTES Minutes of July 7, 1983. Motion X Motion was made for the approval of the July 7, 1983, All Ayes Y X X X X X * Planning Commission Minutes, as written, which MOTION CARRIED. * * * Mr. Hewicker, Planning Director, discussed Item No. 4, Use Permit No. 1434 (Revocation) for Novak's Place stating that the Planning Department has prepared a report requesting that this item be removed from calendar. Mr. Hewicker further stated that a request was received on. Item No. 111 Resubdivision No. 755, requesting that it be continued to the August 18, 1983 Planning Commission meeting. Motion X Motion was made to remove i from calendar, Item No. 4 - All Ayes y X X X X X * Use Permit No. 1434 (Revocation) and Item No. 11 - Resubdivision No. 755, which MOTION CARRIED. Request to amend the Harbor View. Hills Planned Community text so as to include 2.4 acres of the Metropolitan Water District Reservoir site (Annexation 'No. 89) within the boundaries of the Planned Community MINUTES INDEX Item #1 . PLACE:, City Council Chambers TIME: 7:30 p.m. f °- g DATE: August 4, 1983 o 3 � m m w ° City of Newport Beach XIX IX IX 1* I Commissioner Balalis was absent. * ** EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney * * * STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert P. Lenard, Advance Planning Administrator Benjamin B. Nolan, Public Works Director Nancy M. Alvidrez, Secretary APPROVAL OF THE MINUTES Minutes of July 7, 1983. Motion X Motion was made for the approval of the July 7, 1983, All Ayes Y X X X X X * Planning Commission Minutes, as written, which MOTION CARRIED. * * * Mr. Hewicker, Planning Director, discussed Item No. 4, Use Permit No. 1434 (Revocation) for Novak's Place stating that the Planning Department has prepared a report requesting that this item be removed from calendar. Mr. Hewicker further stated that a request was received on. Item No. 111 Resubdivision No. 755, requesting that it be continued to the August 18, 1983 Planning Commission meeting. Motion X Motion was made to remove i from calendar, Item No. 4 - All Ayes y X X X X X * Use Permit No. 1434 (Revocation) and Item No. 11 - Resubdivision No. 755, which MOTION CARRIED. Request to amend the Harbor View. Hills Planned Community text so as to include 2.4 acres of the Metropolitan Water District Reservoir site (Annexation 'No. 89) within the boundaries of the Planned Community MINUTES INDEX Item #1 . COMMISSIONERS MINUTES g August 4, 1983 n x v • 0 m m w City of Newport Beach LL CALL INDEX and designate said land for reservoir caretakers' use . AMENDMEN� The proposal also includes the addition, of a 1.1 acre NO'. 590 site (Resubdivision No. 734) for three custom residential lots, to Area 11 of the Planned Community, and the acceptance of an environmental document. The ropo will also amend a portion of Districting Map N 63 so as to reclassify both sites from the Unc ssified District to the Planned Community (P-C) Distri t. LOCATION: A portion.: of Block .97 of Irvine's APPROVED ubdivision; located at 34 and 36 R geline Drive and 1, 2 and 3 Strafford, on a northerly side of Ridgeline Drive, south' \ed Napoli and adjacent to Area I 11 oHarbor View Hills Planned Commu ZONE: Uncla 1 APPLICANTS: The Impanp,.Newport Beach and the Me troWater strict of Southern Califos Angeles OWNERS: Same cants The public hearing in connection wit this item and. Mr. Mike Vansoff representing the Irvine --o and appeared before the Commission and requested a roval of this item. . Motion X Motion was made for approval of Amendment No. 590, All Ayes X X X X * which MOTION CARRIED. i� Request to establish a take -out restaurant facility which includes incidental dining and the service of on -sale beer and wine on property located in the C -1 District. The proposal also includes a request to waive all of the required off - street parking spaces for said take -out restaurant. LOCATION: Lots No. 5, 6, 7, Block 5, Balboa Tract, located at 209 Palm Street, on the southwesterly corner of Palm Street and East Bay Avenue, in Central Balboa Item #2 USE PERMI I NO. 3041 r' r � r a c m m p m • Motion • Ahgust 4, 1983 771 0 Beach APPLICANT: Bruce Davidson, Balboa OWNER: Estate of Albert Gilbert, Security Pacific Bank, Administrator, Newport Beach Commissioner Person stated that in view of the letters he wrote on behalf of the Balboa Improvement Association, he would like to step down from Items No. 2 and 3. The public hearing opened in connection with this item and Bruce Davidson, ,applicant, appeared before the Commission.' In response to a question posed by Commissioner Goff, Mr. Davidson stated that anyone wanting to park may park in the Laguna Federal{ parking lot free for half an hour and then pay $1.00 ifor an extra half an hour. After the hour, these people pay full beach parking for the parking space. Validation tickets and stamps are also being made up to have valet parking. In response to a question posed by Commissioner kurlander, Mr. Davidson stated if his request were approved,, he would accept the condition that the approval of the application be subject to the terms of his current lease and reviewed at the end of that lease. At this time Mr. Gabriele, Assistant City Attorney, suggested further consideration on this item adding one additional condition. Mr. Gabriele recommended that a condition be added to all use permit approvals involving restaurants, bars, etc. that could have detrimental effects to the community surrounding that establishment. The suggested language for this additional condition is as follows: "That the Planning, Commission may add and /or modify conditions of approval to 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 or welfare of the community." Motion was made for the approval of Use Permit No. 3041, subject to the Findings and Conditions of Exhibit "B" with the following revisions: require the applicant to purchase five (5) in -lieu parking spaces and five (5) parking stickers on an annual basis for the duration of the remainder of the lease; add a condition to Exhibit "B" as proposed by the Assistant City Attorney; and eliminate Conditions No. 10 and 11. - 3 - MINUTES APPROVED CONDI- TIONALLY Amendment, Acceptance Motion Ayes Abstain Absent • �x � r 9 • m Ca�om Ix August 4, 1983 ' Of Newport Beach Amendment to the original motion was made with Condition No. 10 being left in the conditions but that only five in -lieu parking spaces with no blue meter parking stickers be required of the applicant. Motion was made for approval of the original motion of Use Permit No. 3041, as amended, as per Exhibit "B ",. deleting Condition No. 11, with the Assistant -City Attorney's added condition, the addition of five (5) in -lieu parking permits, and the added condition with the hours of operation being from 11:00 a.m. to 12:00 miyinight, which MOnw CARRIED. - FINDINGS: 1. That the proposed take -out restaurant is consistent with + Land Use Element of the General Plan and the Adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. The project - will not 1 have - any significant environmental impact. 3. That the waiver of the development standards as they pertain to parking lot illumination, circulation, walls, landscaping, utilities and a portion of the required off- street parking spaces, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the applicant has provided on an informal basis, adequate parking in an off -site location. 4. The approval c,i Use Permit No. 3041 will rwi, under the circumstances of this Case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevation, except as noted below. 2. That the development standards related to the required off - street parking spaces on a formal - 4 - MINUTES INDEX is� ''• COMNU5510NERS (( MINUTES 1.` August 4, 1983 u 3 S m Ci of N t Beach moo cnu INDEX • basis, parking lot ,,.illumination, building setbacks, circulation, walls, landscaping and utility requirements are waived. 3. On -sale beer and wine shall be permitted but off -sale 'shall not be permitted. 4.. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. S. That kitchen. exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the -South Coast Air Quality Management District. e 6. That a washout. area for the .restaurant trash containers be prpvide4 in such a way as to insure direct drainage into the sewer system and not into the bay or storm drains if required by the Building Department. 7. That grease interceptors shall be installed on all fixtures in. the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Department. 8. That all trash containers shall be 'screened from view and from adjacent properties and from the public alley,or street. 9. That this approval shall be for a period of one year, and any extension shall be subject to the approval of the Modifications Committee. 10. That the applicant shall provide, on an informal basis, twenty off -site parking spaces in the Laguna Federal Savings' parking lot located on Parcel No. 1 of Parcel Map 117 -24 (Resubdivision No. 566) at 600 East Balboa Boulevard, for. the duration of the subject take -out restaurant use. 11. That the hours of operation of the take out restaurant shall be limited between 11:00 a.m. and 12 :00' midnight daily. 12. That the Planning Commission may add and/or modify conditions of approval to this use permit upon a determination that the operation which is the - 5 - ' COMMiSSOONERS MINUTES At3gust 4 ' 1983 n A m City of Newport Beach WROLL CALL INDEX subject of this use permit, causes injury, or is detrimental to the health, safety or welfare of the community. 13. That five (5) in -lieu parking spaces shall be purchased from the City on an.annual basis for the duration of the take -out restaurant use, and the annual fee for said parking shall be in accordance with section 12.44.125 of the Newport Beach Municipal Code. S ,r • r • r� u Request to establish a take -out restaurant facility with incidental dining in the Balboa Bakery on property located in the C -1 Dis rict. The proposal also includes a request; toive all of the required off - street parking spaces {Eri said take -out restaurant. LOCATION: - Lot No. 7, Resubdivision of Block 9, Balboa Tract, located at 301 Main Street, \ on the northwesterly corner of Main Street and East Bay Avenue, in Central Balboa. ZONE: \ C -1 APPLICANT: Hoa Christianson, - Balboa OWNER: as applicant The public hearin opened in connection with this item and Mr. Chad Dunstu architect in Newport Beach, and Ms.. Hoa Christianso applicant for the proposed project, appeared befox the Commission. Mr. Dunstun asked that s uld the applicant, based upon the denial of Exhibit "A ", be able to obtain parking spaces, then would the pplicant then satisfy the requirements of the Planning mmission? In response to Mr. Dunstun's questihp, Chairman King stated that, in speaking for himself, the applicant had an agreement for off -site parki spaces as required for the proposed use, then that would help greatly. Chairman King .referred to Condition No. 10 rela 'ng to 11 in -lieu parking spaces. Item #3 DENIED i Item #3 DENIED MINUTES x August 4, 1983 r c m m City of Newport Beach m;o R O L L CALL 1 1 1 1 1 1 1 1 I INDEX In commenting to Chairman King's reference, " Bill Laycock, Current Planning Administrator, stated that the 11 in -lieu parking spaces were suggested by staff inasmuch as it appeared that the restaurant may be more of a sit -down restaurant rather than a take -out restaurant. Therefore, staff divided the square footage of the "net public area" by 40 square feet to come up with it parking spaces rather than 54 parking spaces required for a take -out restaurant facility. Mr. Hewicker further stated that the 54 parking space requirement was based upon a gross square footage of 2600 square feet plus the two spaces for employees. Bob Gabriele, Assistant City Attorney, suggested that there be an added condition, Condition No. 11 requiring the applicant to purchase 11 in -lieu parking spaces. 2. That the proposed take -out restaurant represents an intensification of use that will result in an increased parking demand for the area. 3. The approval of Use Permit No. 3042 will, under the I circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. - 7 - After discussion, the applicant agreed, as a condition of approval, to purchase 11 in -lieu parking spaces and agreed to all other Findings and Conditions of Approval • . under Exhibit "B ". Moyion X Motion was made for approval of Use Permit No. 3042, subject to the Assistant. City Attorney's added Condition No. 11 and the Findings and Conditions in Exhibit "B ". Substitute X Substitute Motion for denial of Use Permit No. 3042, Ayes X X X X subject to the Findings in Exhibit "A ", which MOTION Noes X CARRIED. Abstain Absent * FINDINGS: 1. That approval of the request to waive a portion of the development standards pertaining to parking for . the proposed take -out facility as set forth in the Code would be detrimental to adjacent properties or improvements. 2. That the proposed take -out restaurant represents an intensification of use that will result in an increased parking demand for the area. 3. The approval of Use Permit No. 3042 will, under the I circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. - 7 - • n 7C August 4, 1983 s r v � m moo a 0 a m 0 w City of. Newport Beach MINUTES INDEX Motion All Ayes • Jim Hewicker, Planning Director stated that staff has recommended removal from calendar in conjunction with this item. X Motion was made for the removal of calendar of Use x x x x x * Permit No. 1434 (Revocation), which MOTION CARRIED. Acceptance of an Environmental Impact Report for General Plan Amendment No. 82 -2 (Four Seasons) so to allow the construction of a 325 room hotel with related hotel and service facilities including ballrooms, . meeting rooms, cocktail lounges and restaurants. INITIATED BY: The City of Newport Beach WON Request to amend the Newport Beach. General Plan for Block 600 of Newport Center so as to allow the construction of a 325 room Four Seasons Hotel with related hotel and service facilities including ballrooms, meeting rooms, cocktail lounges and restaurants. AND INEW Item #5 DRAFT EIR AND Item #6 GPA 82 -2' AND Request to consider revocation proceedings on Use Item #4 Permit No. 1434 that permitted the sale. of alcoholic beverages in conjunction with "Novak's Place" (formerly "Zubies ") in the C -1 District. LOCATION: Lot No. 2, Block 0, Tract No, 323, located USE PERMIT at 2920 East Coast Highway, on the NO. 1434 northeasterly side of East Coast Highway, (Revoca- between Heliotrope Avenue and Iris Avenue, tion in Corona del Mar. ZONE: C- APPLICANT: Robert Novak, Corona del Mar OWNER: Mary Klohs, Dana Point INITIATED BY: The City of Newport Beach Motion All Ayes • Jim Hewicker, Planning Director stated that staff has recommended removal from calendar in conjunction with this item. X Motion was made for the removal of calendar of Use x x x x x * Permit No. 1434 (Revocation), which MOTION CARRIED. Acceptance of an Environmental Impact Report for General Plan Amendment No. 82 -2 (Four Seasons) so to allow the construction of a 325 room hotel with related hotel and service facilities including ballrooms, . meeting rooms, cocktail lounges and restaurants. INITIATED BY: The City of Newport Beach WON Request to amend the Newport Beach. General Plan for Block 600 of Newport Center so as to allow the construction of a 325 room Four Seasons Hotel with related hotel and service facilities including ballrooms, meeting rooms, cocktail lounges and restaurants. AND INEW Item #5 DRAFT EIR AND Item #6 GPA 82 -2' AND Request to consider a Traffic Study to allow the construction of a Four Seasons Hotel. ERM Request to resubdivide a portion of an existing lot into. four numbered parcels and two lettered parcels. Parcel No. 1 is for parking related to the Wells Fargo Building; Parcel No. 2 is for off -site Four Seasons Hotel parking; Parcel No. 3 is for the hotel site; Parcel No. 4 is for existing parking related to existing office /commercial uses; Parcel No. "A" is for a private street and Parcel "B" is for landscaping and sign purposes. m Request for Planning Commission's approval of Site Plan Review No. 32 for the proposed 325 unit Four Seasons Hotel in Newport Center. As required by the Newport • Beach General Plan, a detailed review of the proposed site plan must be conducted to fully. evaluate the GPA request and related applications. The site plan review will also determine the parking requirements by a demonstrated formula and includes the acceptance of two off -site parking agreements. This proposal also . includes modifications to the zoning Code so as to allow the use of compact car spaces and spaces which are not independently accessible, and two oversized wall signs. MINUTES INDEX Item #7 TRAFFIC STUDY Item #8. RESUB- DIVISION NO. 752 Item #9 SITE.PLAN REVIEW NO. 32, LOCATION: A portion of Lot 22, Tract No. .6015 APPROVED located at 600 Newport Center. Drive, on CONDI_ the northeasterly corner of Newport Center TIONALLY Drive and Santa Cruz Drive, in Newport Center. ZONE: C -O -H APPLICANT: Four Seasons Newport Center, Newport Beach OWNER: The Irvine Company, Newport Beach Mr. Dave Neish, representing Four Seasons Hotel Limited stated that at the last Planning Commission meeting they (Four Seasons Hotel Limited), identified eight (8) • Conditions of Approval which they were objecting to. They have since resolved four of those conditions and still have four conditions they are objecting to. August 4, 1983 m C m j O N City of Newport Beach Request to consider a Traffic Study to allow the construction of a Four Seasons Hotel. ERM Request to resubdivide a portion of an existing lot into. four numbered parcels and two lettered parcels. Parcel No. 1 is for parking related to the Wells Fargo Building; Parcel No. 2 is for off -site Four Seasons Hotel parking; Parcel No. 3 is for the hotel site; Parcel No. 4 is for existing parking related to existing office /commercial uses; Parcel No. "A" is for a private street and Parcel "B" is for landscaping and sign purposes. m Request for Planning Commission's approval of Site Plan Review No. 32 for the proposed 325 unit Four Seasons Hotel in Newport Center. As required by the Newport • Beach General Plan, a detailed review of the proposed site plan must be conducted to fully. evaluate the GPA request and related applications. The site plan review will also determine the parking requirements by a demonstrated formula and includes the acceptance of two off -site parking agreements. This proposal also . includes modifications to the zoning Code so as to allow the use of compact car spaces and spaces which are not independently accessible, and two oversized wall signs. MINUTES INDEX Item #7 TRAFFIC STUDY Item #8. RESUB- DIVISION NO. 752 Item #9 SITE.PLAN REVIEW NO. 32, LOCATION: A portion of Lot 22, Tract No. .6015 APPROVED located at 600 Newport Center. Drive, on CONDI_ the northeasterly corner of Newport Center TIONALLY Drive and Santa Cruz Drive, in Newport Center. ZONE: C -O -H APPLICANT: Four Seasons Newport Center, Newport Beach OWNER: The Irvine Company, Newport Beach Mr. Dave Neish, representing Four Seasons Hotel Limited stated that at the last Planning Commission meeting they (Four Seasons Hotel Limited), identified eight (8) • Conditions of Approval which they were objecting to. They have since resolved four of those conditions and still have four conditions they are objecting to. MINUTES INDEX Listed below are the condition numbers and their responses: Condition No. 29: Concern regarding this particular condition was mentioned because of the fact that it is indicated on Page 94 of the Environmental Impact Report, "That turnouts shall be required but bus turnouts were.not necessary unless on- street bus stops are banned throughout Newport Center." One of the main reasons why Four Seasons is concerned about this is the aesthetics. It is felt that as opposed to having bus turnouts it is more advantageous to have landscaping in said areas. Mr. Neish further stated that perhaps an amended condition on bus turnouts, shelters or bus stops should be considered where the Four Seasons would continue to work with staff and the Orange County Transit District, and that their requirements would be acceptable to Four Seasons. In response to a question posed by Commissioner . Kurlander, Mr. Neish stated that if the present right -of -way is not adequate to accommodate these bus turnouts he would have no objection to make whatever provisions are necessary for dedication either on -site or off -site. Regarding the.conditions for traffic signals, the first area of concern is in the Environmental Impact Report which contains an independent traffic, analysis and traffic study for the Traffic Phasing Ordinance that was prepared by the City's Traffic Consultant. The consultant concluded that the warrants were unnecessary for any of the three signals where staff is suggesting that one be installed and two others be bonded at this time. Mr. Neish stated that the Planning Commission and City Council have been having conversations with the Irvine Company regarding affordable, housing that will be coming about at some time in the near future in the Newport Village area. As a result of this, some of the residential densities may be higher than those that were originally anticipated for that particular area in Newport Center. Mr. Neish further stated that he feels that because of future developments .increasing, maybe there is a reason why they should get these traffic . signals. It is felt by Four Seasons Hotel Limited that because they are before the Commission now, it is a convenient way to get these traffic signals. Four Seasons feels that the appropriate avenue to being - 10 - n X August 4, 1983 3 m m m City. of Newport Beach INDEX Listed below are the condition numbers and their responses: Condition No. 29: Concern regarding this particular condition was mentioned because of the fact that it is indicated on Page 94 of the Environmental Impact Report, "That turnouts shall be required but bus turnouts were.not necessary unless on- street bus stops are banned throughout Newport Center." One of the main reasons why Four Seasons is concerned about this is the aesthetics. It is felt that as opposed to having bus turnouts it is more advantageous to have landscaping in said areas. Mr. Neish further stated that perhaps an amended condition on bus turnouts, shelters or bus stops should be considered where the Four Seasons would continue to work with staff and the Orange County Transit District, and that their requirements would be acceptable to Four Seasons. In response to a question posed by Commissioner . Kurlander, Mr. Neish stated that if the present right -of -way is not adequate to accommodate these bus turnouts he would have no objection to make whatever provisions are necessary for dedication either on -site or off -site. Regarding the.conditions for traffic signals, the first area of concern is in the Environmental Impact Report which contains an independent traffic, analysis and traffic study for the Traffic Phasing Ordinance that was prepared by the City's Traffic Consultant. The consultant concluded that the warrants were unnecessary for any of the three signals where staff is suggesting that one be installed and two others be bonded at this time. Mr. Neish stated that the Planning Commission and City Council have been having conversations with the Irvine Company regarding affordable, housing that will be coming about at some time in the near future in the Newport Village area. As a result of this, some of the residential densities may be higher than those that were originally anticipated for that particular area in Newport Center. Mr. Neish further stated that he feels that because of future developments .increasing, maybe there is a reason why they should get these traffic . signals. It is felt by Four Seasons Hotel Limited that because they are before the Commission now, it is a convenient way to get these traffic signals. Four Seasons feels that the appropriate avenue to being - 10 - MINUTES August 4, 1983 E v m C. m w City of. Newport Beach m� INDEX treated fairly would be to pay their pro -rated share of these signals. The traffic generated per day, 3,250 trips, is a. very small amount of traffic to tie three (3) traffic signals to. What Four Seasons is advocating is that they don't mind paying their share of what they are contributing to a particular intersection. In regards to the Economic Analysis, Mr. Neish stated that at the last Planning Commission meeting it was mentioned that Four Seasons will contribute $1,000,000 a year of net revenue to the City of Newport Beach and how this was to be substantiated. Mr. Neish stated that there are four (4) avenues by which the City receives revenue: the first being property tax - In the City of Newport Beach share for the Four Seasons Hotel, on the property tax, on an annual basis, would be $81,057 per year, the second being sales tax - the sales tax that would be generated would be $3,282,500, the amount of sales from Four Seasons. The procedure . done to achieve this amount is based on a per room basis, at an annual cost of $10,100 per year. The City's incremental share iof these totals would be $132,825. Another question asked at the last Planning Commission meeting was asked regarding how much would the merchants of Fashion Island benefit by this hotel? What Four Seasons has done is taken the $3.2 million figure with an allocated 75% of that, which is felt would be spent directly in Newport Center, so they feel it is fair to assume that the merchants of Fashion Island and Newport Center would have an additional $2.4 million per year. The third area is the occupancy tax and based on the city's 68 share it would be $810,000 a year. As it is known, the City is deliberating increasing that to 8 %. If it were in fact 8 %, that figure would be $1,000,080 a year or an increase of $270,000 over the 6 %. The other revenue, such as business taxes, cigarette taxes, municipal fees, traffic tickets, amounts to $11,430 per year which comes to a grand total of.$1,000,040, or if the 8% bed tax is used it comes to $1.3 million. For the expenditures the Four Seasons has put in $28,310 per year which is an average cost per acre. The net surplus of $1,012,427 is the net revenue to the City, and using the 86 bed tax would be $1,282,477. This is • based on 325 rooms at an average rate of $150 a night. - 11 - MINUTES August 4, 1983 n x r m 0 x m City of Newport Beach INDEX In response to Chairman King's comment on corrections to figures, Bob Lenard, Advance Planning Administrator, stated that there is an error in the cost revenue figures in the staff report (page 4), under the Revenue column for the Original City Fiscal Analysis System, which should read $469,910, instead of $716,816; under the Net Revenues column it should read $356,985 instead of $603,891; and the $648,986 figure should read $402,080 which puts the analysis of the hotel under the revised fiscal analysis system within $30,000 or $40,000 of the City's original system. In addition, referring to page 23 in the staff report, Condition No. 34 should read "...unless it is determined for certain areas that they are not appropriate for safety or security reasons." On page 24, Condition No. 42 should be deleted since it is redundant. Mr. Hewicker, Planning Director, addressed two other conditions. On page 22, Condition No. 32 should be read, "That a.system shall be designed to trap kitchen • grease and incorporate it into the hotel site design, " The other condition is on page 23., Condition No. 39 which should read, "That the hotel shall provide and encourage transportation to the John Wayne Airport..." In response to a question posed by Chairman King, Mr. Nolan, Public Works Director stated that supplementary written material has been provided to the Planning Commission on both the traffic signals and the bus turnouts. With respect to the bus turnouts, it is felt by the Public Works .Department that they are needed, and that they have discussed the matter further. with the Orange County Transit District as a result of the concern that has been expressed about the wording. Mr. Nolan further stated that the reason for the conflict is because Newport Center Drive and San Joaquin Hills Road have no parking. lanes and it is not desirable to allow bus stops in the travel lanes. Therefore, Public Works recommends that bus turnouts be provided. For this reason Mr. Nolan would modify Condition No. 29, page 15,.by striking the reference to "or Santa Cruz Drive ", since there is not an interest on the part of the District in providing a bus stop on Santa Cruz Drive. Mr. Nolan stated that with regard to the traffic . signals Mr. Neish's comment is fair in saying that there are other areas in Newport Center that share in the traffic generation and if it can be accomplished, can share in the responsibility for providing the - 12 - MINUTES g August 4, 1953 9 m m m m City of Newport Beach INDEX signals. The Conditions of Approval related to traffic signals are Nos. 40, 41 and 42 on pages 16 and 17. Condition No. 42 already contains language indicating that the applicant's share can be reduced by contributions from other projects in the vicinity within the five year time frame. In response to a question posed by Commissioner Goff, Mr. Wes Pringle, Traffic Consultant, stated that the reason why studies were done at the Four Seasons in Dallas and in Houston was that the proponent felt that their hotel was different than the other hotels. In order to attempt to verify this, Four Seasons suggested that they look at and collect data on similar facilities. In response to Commissioner Winburn's comment, Mr. Neish stated that re- inserting language stating that "the applicant shall obtain an additional agreement for overflow parking during peak periods and special events" in Condition No. 9 would be agreeable with him. In response to a question posed by Commissioner McLaughlin, Mr. Hewicker stated that many conditions were changed because when the parking requirement was changed it eliminated the need for a lot, of other wording changes to the first set of conditions. Motion was made for approval of the Draft Environmental Impact Report, subject to Findings in Exhibit "A ", which MOTION CARRIED. XI I Motion was MOTION ma which approval CARRIED. f General Plan Amendment No. 8 Motion was made for approval of Traffic Study, subject to Findings and Conditions in Exhibit "A ", which MOTION CARRIED. Motion was made for the approval of Resubdivision No. 752, subject to modifications of the following Findings and Conditions in Exhibit "A ": Condition No. 29, page 15: That language be added stating that if additional right -of -way is required, the applicant will provide the additional right -of -way for the bus turnouts and shelters. In addition, the reference to Santa Cruz Drive was deleted. - 13 - MINUTES August 4, 1983 ZI vim, INDEX Condition No. 41, pages 16 and 17: That Condition No. 41 be worded like Condition No. 42 is worded which gives the applicant some possibility to recover their contributions within the five year period from other projects. Motion for approval of Resubdivision No. 752 with the amended conditions was now voted on, which MOTION CARRIED. Motion was made for approval of Site Plan Review No. 32, subject to.Findings and Conditions with changes in: Condition No. 32, page 22, to read, "That a system shall be designed 'to trap kitchen grease..." 1 11 Condition No. 34, page 23, to read, "...areas that they are not appropriate for safety or security reasons." • I I ( ( I (,Condition No. 39, page 23, to read, "That the hotel shall provide and encourage transportation to the John Wayne Airport for hotel patrons." Condition No. 9, page 19, to return Condition No. 9 to I i its original state with the deletion of the number, of parking spaces. Condition No. 42, page 24, to be deleted. Motion for approval of Site Plan Review No. 32 was now voted on, which MOTION CARRIED. . A. ENVIRONMENTAL IMPACT REPORT FINDINGS 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. • 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the - 14 - i x e r . v m m � o MINUTES August 4, 1983 ZI vim, INDEX Condition No. 41, pages 16 and 17: That Condition No. 41 be worded like Condition No. 42 is worded which gives the applicant some possibility to recover their contributions within the five year period from other projects. Motion for approval of Resubdivision No. 752 with the amended conditions was now voted on, which MOTION CARRIED. Motion was made for approval of Site Plan Review No. 32, subject to.Findings and Conditions with changes in: Condition No. 32, page 22, to read, "That a system shall be designed 'to trap kitchen grease..." 1 11 Condition No. 34, page 23, to read, "...areas that they are not appropriate for safety or security reasons." • I I ( ( I (,Condition No. 39, page 23, to read, "That the hotel shall provide and encourage transportation to the John Wayne Airport for hotel patrons." Condition No. 9, page 19, to return Condition No. 9 to I i its original state with the deletion of the number, of parking spaces. Condition No. 42, page 24, to be deleted. Motion for approval of Site Plan Review No. 32 was now voted on, which MOTION CARRIED. . A. ENVIRONMENTAL IMPACT REPORT FINDINGS 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. • 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the - 14 - August 4, 1983 M R • MINUTES R O L L CALL 1 1 1 1 1 1 .1 1 1 INDEX proposed project. Specific economic, social or other considerations make .infeasible any other potential mitigation measures or alternative to the proposed project. 4. That the mitigation measures have been incorporated into the proposed project and are expressed as conditions of approval. . The findings made in regards to approval of the "Four Seasons Hotel GPA 82 -2" project EIR apply also to the approval of the General Plan Amendment, Resubdivision No. 752 and Site Plan Review No. 32. B. GENERAL PLAN 1. Adopt Resolution No. recommending an amendment to the Land Use Element of the General Plan to the City Council as proposed by the applicant, further recommending that the • Four Seasons.Hotel contribute a negotiated sum of money approved by the City Council towards the construction of circulation systems improvements, and incorporating all revisions adopted by the Planning Commission and incorporating the Findings listed in "A" above of this Exhibit related to this portion of the project. C. TRAFFIC STUDY FINDINGS 1. That the Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy'S -1. 2. That the Traffic Study indicates that the project- generated traffic will be greater than one percent of existing traffic during the 2.5 hour peak period on any leg of the critical intersections, and will add to an unsatisfactory level of traffic service at critical intersection which will have an • Intersection Capacity Utilization of greater than .90. - 15 - i x ..o m m g o August 4, 1983 M R • MINUTES R O L L CALL 1 1 1 1 1 1 .1 1 1 INDEX proposed project. Specific economic, social or other considerations make .infeasible any other potential mitigation measures or alternative to the proposed project. 4. That the mitigation measures have been incorporated into the proposed project and are expressed as conditions of approval. . The findings made in regards to approval of the "Four Seasons Hotel GPA 82 -2" project EIR apply also to the approval of the General Plan Amendment, Resubdivision No. 752 and Site Plan Review No. 32. B. GENERAL PLAN 1. Adopt Resolution No. recommending an amendment to the Land Use Element of the General Plan to the City Council as proposed by the applicant, further recommending that the • Four Seasons.Hotel contribute a negotiated sum of money approved by the City Council towards the construction of circulation systems improvements, and incorporating all revisions adopted by the Planning Commission and incorporating the Findings listed in "A" above of this Exhibit related to this portion of the project. C. TRAFFIC STUDY FINDINGS 1. That the Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy'S -1. 2. That the Traffic Study indicates that the project- generated traffic will be greater than one percent of existing traffic during the 2.5 hour peak period on any leg of the critical intersections, and will add to an unsatisfactory level of traffic service at critical intersection which will have an • Intersection Capacity Utilization of greater than .90. - 15 - r � m m � O August 4, 1983 lej ■ MINUTES r INDEX 3. That the Traffic Studies suggest several circulation system improvements which will improve the level of traffic service to an acceptable level at all critical intersections. 4. That the proposed project, including circulation system improvements, will neither cause nor make worse an unsatisfactory level of traffic service on any "major ", "primary- modified" or "primary" street. CONDITIONS 1. That prior to the .occupancy of any portion of the project facilities the Circulation System improvements described in Table 8, page 14 of the Appendix D "Traffic Analysis" of the "Draft EIR Four Seasons Hotel - GPA 82 -2" shall have been made (unless subsequent project approval require modification thereto). The Circulation • System Improvements shall be subject to the approval of the City Traffic Engineer. 2. That prior to the issuance of any building permit for the project the applicant shall pay their "fair share" of the ultimate improvements to the City's Circulation System as may be determined by the City. D. RESUBDIVISION NO. 752 FINDINGS 1. That the map meets the requirement of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a.planning standpoint. 3. That the Findings listed in "A" of this Exhibit are made related to this portion of the project. • I I( I. 11( I CONDITIONS 1. That a parcel map be recorded. - 16 - r . v m m C 2 0 o o � S : m =w August 4, 1983 R MINUTES INDEX 2. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 3. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 4. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 5. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana . Region. 6..The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as a part of the project design. 7. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 8. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. 9. Control of infiltration to the groundwater system for the project shall be provided as part of the project design. 111111111 10. That existing on -site drainage facilities shall be improved or updated to the satisfaction of . the Public Works and Building Department. - 17 - August 4, 1983 W MINUTES 1 � r INDEX 11. Any modification of existing on -site, drainage systems or extensions of culverts for contributory drainage from surrounding areas shall be studies during project design and necessary improvements installed in conformance with local ordinances and accepted engineering .practices and in a manner acceptable to the City Public Works and Building Departments. 12. A qualified archaeologist or paleontologist shall evaluate the site prior to commencement of construction activities, and that all work on the site be done in accordance with the City's Council Policies K -5 and K -6. 13. Prior to the issuance of any grading permits, ro the applicant shall waive the portions of 3 O 0 August 4, 1983 W MINUTES 1 � r INDEX 11. Any modification of existing on -site, drainage systems or extensions of culverts for contributory drainage from surrounding areas shall be studies during project design and necessary improvements installed in conformance with local ordinances and accepted engineering .practices and in a manner acceptable to the City Public Works and Building Departments. 12. A qualified archaeologist or paleontologist shall evaluate the site prior to commencement of construction activities, and that all work on the site be done in accordance with the City's Council Policies K -5 and K -6. - 18 - 13. Prior to the issuance of any grading permits, the applicant shall waive the portions of AB 952 related to the City of Newport Beach responsibilities for mitigation of archaeological impacts, in a manner acceptable to the City Attorney: • 14. Fugitive dust emissions during construction shall be minimized by watering the site for dust control, containing excavated soil onsite until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 15. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). 16. The landscape plans shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning and Public Works Departments. 17. The landscape plan shall include a maintenance • program which controls the use of fertilizers and pesticides. - 18 - 9 � m August 4, 1983 M MINUTES Man r INDEX 18. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over- watering. 19. The landscape plan shall place heavy emphasis on fire - retardant vegetation. 20. Street trees shall be provided along the public streets as required by the Public Works Department and the Parks, Beaches and Recreation Department. 21. Landscaping shall be regularly maintained free of woods and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 22. Parking areas shall be paved early during the • construction period. Said timing shall be approved by the Grading Engineer and Planning Department. 23. Prior to issuance of any grading and /or building permits the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport area. - 24. Prior to issuance of any grading and /or building permits the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the westerly side of Jamboree Road between Eastbluff Drive (No.) and Ford Road. 25. Prior to issuance of any grading and /or building permits the applicant shall deposit • with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to he used for the - 19 - MINUTES � r x August 4, 1983 9 m m E t m _ o City of Newport Beach INDEX construction of a sound attenuation barrier on the southerly side of East Coast Highway in the Irvine Terrace area. 26. That prior to the issuance of any building permits a specific, soils and foundation study shall be prepared and approved by the.BUilding Department. 27. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants Conditions, and Restrictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT . The lessee, his heirs, successors and assigns, herein, acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such service; b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c) The City of Newport Beach will continue to oppose additional commercial area service expansions,at the John Wayne Airport; d) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 28. That all conditions of the approved Traffic Study be met. 29. Bus turnouts and shelters shall be installed on Newport Center Drive and on San Joaquin Hills Road at locations approved by the Traffic • Engineer and the Orange County Transit District. The shelters shall be located outside the right -of -way. If additional right -of -way is required, the applicant will �20- x ' August 4, 1983 MINUTES � 9 m w a m 3 a City of Newport Beach INDEX provide the additional right -of -way for the bus turnouts and shelters. 30. That a sidewalk connecting Center Drive with Newport Center Dr. on or adjacent to the easterly property lines of Parcels No. 2,and 3 of Resubdivision No. 752 shall be provided in a manner approved by the Planning and Public Works Departments. If the sidewalk is on adjacent property it shall be guaranteed in a manner acceptable 'to the City Attorney's office. 31.. Sight distance at the intersection of Center Drive and Santa Cruz Drive shall be provided in accordance with City Std. Swg. 110 -L with Santa Cruz Drive as a secondary arterial. 32. A plan shall be submitted for review and approval of the Traffic Engineer showing how • non -hotel patrons will be kept out of the parking lot on Parcels 2 and 3 of Resubdivision No. 752. 33. That the intersection of Center Drive and the private drives be designed to provide sight distance for a speed of 25 miles per hour.. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight' distance requirement may be approximately modified at non- critical locations, subject to approval of the Traffic Engineer. 34. That prior to the issuance of a building permit the applicant shall provide the Building Department and the Public Works Department with a letter from the Sanitation District stating that sewer facilities will be available at the time of occupancy. 35. That all improvements be constructed as required by ordinance and the Public Works Department. • 36. That curb access ramps be constructed at the intersections of Santa Cruz Drive with San .Joaquin Hills Road, Center Drive and Newport Center Drive. -,21 - ' August 4, 1983 MINUTES g S m m City of Newport Beach INDEX 37. That the cracked and displaced section of existing sidewalk and cross gutter along Santa Cruz Drive be replaced from Newport Center Drive to San Joaquin Hills Rd. 38. Remove existing drive approach along Newport Center Drive and replace with curb and gutter. 39. That Santa Cruz Drive be restriped between San Joaquin Hills Road and Newport Center Drive to provide for left -turn lanes at San Clemente Drive /Center Drive. A striping plan shall be prepared by a licensed Traffic Engineer and approved by the City Traffic Engineer. Existing, stripes are to be sandblasted and the street slurry sealed before restriping. 40. That a traffic signal be installed at the Newport Center Drive /Santa Cruz Drive intersection. • 41. The applicant shall post a bond to cover the installation of a traffic signal at the intersection of Center Drive and Newport Center Drive if traffic signal warrants are met within five years after a certificate of occupancy is issued. The applicant's share can be reduced by contributions from other projects in the vicinity within the five year time frame. 42. That a bond be posted to cover the installation of a traffic signal at the intersection of Santa Cruz Drive and San Clemente Drive /Center Drive if traffic signal warrants are met within 5 years after a certificate of occupancy is issued. The applicant's share can be reduced by contributions from other projects in the vicinity within the 5 year time frame. 43. That all vehicular access rights to Newport Center Drive, Santa Cruz Drive and San Joaquin Hills Road be released and relinquished to the City of Newport Beach except for Center Drive and one drive entrance to Santa Cruz Drive between Center Drive and Newport Center Drive. 44. That a hydrology and hydraulic study be prepared and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for. the - 22 - August 4, 1983 M MINUTES � � r INDEX on -site improvements prior to recording of the final map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 45. That a pedestrian circulation plan be submitted to the Planning and Public works Departments for review and approval prior to issuance of a grading permit. The plan shall include the extension of the existing 10- foot -wide sidewalk along Center Drive and Newport Center Drive to Santa Cruz Drive. The new sidewalk is to be 8' to 10 feet wide and may pass through the parking areas. The plan shall also provide a stairway and /or ramp from the remote parking lot to the Wells Fargo Building pedestrian circulation system. 46. That a subdivision agreement and accompanying . surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit or record the parcel map prior to the completion of the public improvements. 47. Prior to occupancy of any building, the applicants shall provide written verification from Orange County .Sanitation, that adequate sewer capacity is available to serve the project. E. SITE PLAN REVIEW NO. 32 FINDINGS 1. The proposed development is consistent with the General Plan and will not preclude the attainment of General Plan objectives and policies. 2. The proposed development will not adversely affect the benefits of occupancy and use of existing properties within the area. . 3. The proposed, development does not adversely affect the public benefits derived from expenditures of public funds for improvement and beautification of street and public facilities within the.area. - 23 - r 3 c m m m August 4, 1983 M MINUTES � � r INDEX on -site improvements prior to recording of the final map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 45. That a pedestrian circulation plan be submitted to the Planning and Public works Departments for review and approval prior to issuance of a grading permit. The plan shall include the extension of the existing 10- foot -wide sidewalk along Center Drive and Newport Center Drive to Santa Cruz Drive. The new sidewalk is to be 8' to 10 feet wide and may pass through the parking areas. The plan shall also provide a stairway and /or ramp from the remote parking lot to the Wells Fargo Building pedestrian circulation system. 46. That a subdivision agreement and accompanying . surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit or record the parcel map prior to the completion of the public improvements. 47. Prior to occupancy of any building, the applicants shall provide written verification from Orange County .Sanitation, that adequate sewer capacity is available to serve the project. E. SITE PLAN REVIEW NO. 32 FINDINGS 1. The proposed development is consistent with the General Plan and will not preclude the attainment of General Plan objectives and policies. 2. The proposed development will not adversely affect the benefits of occupancy and use of existing properties within the area. . 3. The proposed, development does not adversely affect the public benefits derived from expenditures of public funds for improvement and beautification of street and public facilities within the.area. - 23 - MINUTES August 4, 1983 � r 'o ro m C6 m m City of. Newport Beach INDEX 4. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. 5. That the Findings listed in "A" of this Exhibit are made to this portion of the project. 6. Adequate parking spaces and related vehicular circulation will be provided in conjunction with the proposed:.development. 7. The off -site parking areas are so located as to be useful in .conjunction with the proposed uses on the building sites. 8. Parking on such lots will not ,create undue traffic hazards in the surrounding area., 9. Such lots and the building site are in the same • ownership. 10. The owner and the City, upon the approval of. City Council will execute a written instrument of instruments, approved as to form and content by the City Attorney , .providing for the maintenance of the required off - street parking on such lots for the duration of the proposed use or uses.on the building site or sites. 1. That development shall be in substantial conformance with the approved site plan, sign plans, floor plans, and elevations, except as noted in the conditions of approval. 2. That all conditions of the approved Traffic , Study be met. 3. That the conditions of Resubdivision No. 752 be met. 4—Construction to meet .the requirements of the Uniform Building Code & California Administrative Code - Titles 19 & 24. • 5. Any construction on the site should be done in accordance with the height restriction for the area. Said should apply to any landscape - 24 - • n LJ MINUTES August 4, 1983 g v m m m City of Newport Beach materials,. signs, flags, etc. as well as structures. 6. That within fifteen feet of the Newport Center Drive and of Santa Cruz Drive property lines that no fence or combination retaining wall and fence be higher than curb height. 7. That a minimum twenty feet (201) landscape buffer be maintained between the tennis court fence and property line along Newport Center Drive. 8. That within seventy -five feet of the hotel the proposed five and one -half feet (W) stucco .wall along Newport Center Drive shall be permitted within 11 feet of the property line and a screened retaining wall shall be permitted. 9. The project applicant shall obtain an agreement to utilize adjacent parking facilities during the construction period. The applicant shall obtain an additional agreement for overflow parking during peak periods, and for special events. Said agreement(s) shall be reviewed and approved by the City Attorney and Planning Department prior to the issuance of any building or grading permits. 10. That the Hotel provide a total of 369 standard size parking spaces on -site (Parcel No. 3) and off -site on Parcel No. 2. If additional parking is required, the parking plan may be modified to increase the number of spaces by allowing up. to 258 compact spaces, subject to . the approval of the Planning Commission. 11. That parking spaces .shall be provided for handicapped persons. The number and location of these spaces shall be provided in a manner approved by the City Traffic Engineer and Building Department. 12. (Deleted by Staff) I 13. That a plan for tandem parking for both normal operations and peak periods shall be reviewed and approved by the City Traffic Engineer. -25- INDEX August 4, 1983 M MINUTES t Beach INDEX 14. That the final design of all on -site vehicular and pedestrian circulation, and parking be reviewed and approved by the City Traffic Engineer and Planning Department. 15. All parking areas shall be subject to further review and approval by the Traffic Engineer. This review shall include, but not be limited to, the number and location of compact (except for Hotel) and handicap' spaces, aisle widths, access control and maximum slope of ramps and parking areas. 16. No access shall be allowed from Santa Cruz Drive to the overflow parking. lot. 17. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a total of 369 parking spaces shall be provided for the duration of the .Four Seasons Hotel. • The portion of the 369 total spaces which are not "on- site" shall be located on Parcel No. 2. The term of the agreement shall be equal to the. expected life of all structures within Parcel No. 3 or Resubdivision No. .752 as may be determined by the City based upon information supplied by the applicant. 18. That an off -site parking agreement shall be approved by the City Council, guaranteeing that 212 parking spaces shall be provided on Parcel No. 1 for the duration of the Wells Fargo Building. such spaces shall be within 300 feet of the office. The term of the agreement shall be equal to. the expected life of the Wells Fargo Building as may be determined by the City based upon information . supplied by the applicant. 19. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. - 26 - F r • v m M a 0 August 4, 1983 M MINUTES t Beach INDEX 14. That the final design of all on -site vehicular and pedestrian circulation, and parking be reviewed and approved by the City Traffic Engineer and Planning Department. 15. All parking areas shall be subject to further review and approval by the Traffic Engineer. This review shall include, but not be limited to, the number and location of compact (except for Hotel) and handicap' spaces, aisle widths, access control and maximum slope of ramps and parking areas. 16. No access shall be allowed from Santa Cruz Drive to the overflow parking. lot. 17. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a total of 369 parking spaces shall be provided for the duration of the .Four Seasons Hotel. • The portion of the 369 total spaces which are not "on- site" shall be located on Parcel No. 2. The term of the agreement shall be equal to the. expected life of all structures within Parcel No. 3 or Resubdivision No. .752 as may be determined by the City based upon information supplied by the applicant. 18. That an off -site parking agreement shall be approved by the City Council, guaranteeing that 212 parking spaces shall be provided on Parcel No. 1 for the duration of the Wells Fargo Building. such spaces shall be within 300 feet of the office. The term of the agreement shall be equal to. the expected life of the Wells Fargo Building as may be determined by the City based upon information . supplied by the applicant. 19. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. - 26 - s,_ r v m m • • August 4, 1983 Ion Beach 20. The applicant shall provide energy - conserving street and parking lot lighting and minimize decorative or non - functional lighting in a manner acceptable to Planning Director. 21. A lighting plan shall be submitted for review by the Police Department to ensure adequate lighting of pedestrian walkways and parking areas. 22. The proposed project shall incorporate an internal security system (i.e. security guards, alarms, access limits after hours) that shall be reviewed by the Planning Department.' 23.. (Deleted by Staff) 24. That all buildings on the project site shall be equipped with fire suppression systems approved by the Fire Department. 25. That all access to the buildings be approved by the Fire Department. 26. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 27. That fire vehicle access shall. be approved by the Fire Department. 28. On -site water mains and fire hydrants locations are to be approved by the Fire and Public Works Departments. 29. (Deleted by Staff) 30. Final design of the project shall provide for the incorporation of water- saving devices for project lavatories and other water -using facilities. 31. The project shall incorporate the use of alternative energy technology into building designs and systems for heating pools and spas at the hotel. Prior to the issuance of any building permit for said the applicant shall demonstrate to the satisfaction of the Planning Director that the concerns of this condition have been meta - 27 - MINUTES INDEX i x r e9„ m sa 3 s m e • August 4, 1983 91 9'. o 32. That a system shall be designed to trap kitchen grease and incorporated into the hotel site design, to the satisfaction of the City of Newport Beach Building and utilities Departments. The location of the grease trap shall be easily accessible and a city representative shall be allowed access to inspect the system at all times. The applicant shall also supply to the City for approval a grease trap maintenance program that provides for ongoing maintenance and inspections. 33. That the proposed building identification logo as shown on the easterly and westerly elevations between the roof and the sixteenth floor shall not be internally illuminated. 34. Openable windows for guest rooms shall be used to allow cooling by normal breezes unless it is determined for certain areas that they are not appropriate for safety or security, reasons. 35. Interior noise levels in the proposed project shall not exceed 45 CNEL in any habitable space. 36. Prior to the issuance of building permits, a program for the sorting of recyclable material form solid wastes shall be developed and approved by the Planning Department. (Amended by Staff) 37. All proposed development shall provide for weekly vacuum sweeping of all surface parking areas. 38. The applicant shall plan and implement a program to encourage the use of high- occupancy vehicles and alternate transportation modes for employees and visitors to the Four Seasons Hotel, in a manner acceptable to the Planning Director. Said .program shall include hotel employees being encouraged to use the OCTD Transit system through the provision of subsidized bus passes or other appropriate means. 39. That the hotel shall provide and encourage transportation to the John Wayne Airport for hotel patrons shall be provided and encouraged. - 28 - MINUTES INDEX • August 4, 1983' M 40. That any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line and that any mechanical equipment and emergency power generators shall be screened from view. 41. Signage and exterior lighting shall be of similar design theme throughout the project and shall be approved by the Planning and Public Works Departments,. 42. (Deleted by Staff) 43. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. * x x The Planning Commission recessed at 9:05 p.m. and reconvened at 9:15 p.m. At this time Commissioner Kurlander stated that he was surprised to see that there was only one (1) adverse comment for the Four Seasons project, which was just approved. Commission Kurlander further stated he feels if there are people who are going to complain about a project, they should complain at the Planning Commission meeting first and not at the City Council level. If these people complain at the Council without going to the Planning Commission, the Council should admonish those persons for not making their objections known to the Commission. Commissioner McLaughlin, Commissioner Person, and Chairman King concurred with Commissioner Kurlander's statement. Planning Director Hewicker stated that during the recess, he received two more continuances. Items No. 15 and 16, Le Bistro, was the first request with Mr. Steve Stern, representing the applicant, requesting a two week continuance to the meeting of August 18, 1983, in order to respond to comments of the staff report which they had just received this evening. - 29 - MINUTES INDEX ;.x r 9 m m c x 0 m o_ • August 4, 1983' M 40. That any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line and that any mechanical equipment and emergency power generators shall be screened from view. 41. Signage and exterior lighting shall be of similar design theme throughout the project and shall be approved by the Planning and Public Works Departments,. 42. (Deleted by Staff) 43. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. * x x The Planning Commission recessed at 9:05 p.m. and reconvened at 9:15 p.m. At this time Commissioner Kurlander stated that he was surprised to see that there was only one (1) adverse comment for the Four Seasons project, which was just approved. Commission Kurlander further stated he feels if there are people who are going to complain about a project, they should complain at the Planning Commission meeting first and not at the City Council level. If these people complain at the Council without going to the Planning Commission, the Council should admonish those persons for not making their objections known to the Commission. Commissioner McLaughlin, Commissioner Person, and Chairman King concurred with Commissioner Kurlander's statement. Planning Director Hewicker stated that during the recess, he received two more continuances. Items No. 15 and 16, Le Bistro, was the first request with Mr. Steve Stern, representing the applicant, requesting a two week continuance to the meeting of August 18, 1983, in order to respond to comments of the staff report which they had just received this evening. - 29 - MINUTES INDEX MINUTES s r m i a x O m c O - � August 4, 1983 M • INDEX Motion X Motion was made to continue Item No. 15 Use Permit Ayes X X X X No. 2020 (Amended) and Item No. 16 - Variance No. 1103, Noes IXIIIII. to the Planning Commission meeting of August 18, 1983, Absent which MOTION CARRIED. Planning Director Hewicker further stated that the second request was made for a five (5) week continuance of Item No. 20., Shanghai Pine Garden Restaurant. Motion X Motion was made to continue Item No. 20 - Use Permit No. 3052, to the Planning Commission meeting of September 8, 1983. Mr. James Bays, attorney representing Shanghai Pine Garden, appeared before the Commission. In response to a question posed by Commissioner Goff, Mr. Bays stated that the difference between the new and old plans consists of the design that the second fire access has now been moved indoors. Mr. Bays further stated that he is in the middle of negotiating for some off -site parking spaces for the expanded restaurant facility. •Ayes I X X X X Motion to continue Use Permit No. 3052 to the Planning Noes I Commission meeting of September 8, 1983 was now voted Absent * on, which MOTION CARRIED. * x Request to amend a previously approved Use Permit that Item #10 permitted a 74 bed nursing home in the M -1 -A District so as to permit the construction of accessory buildings for laundry and storage uses,. and a rehabilitation center; and to permit required parking spaces to be permitted to encroach to the front property line where Use Permit No. 689 required that all parking spaces must maintain a 20 foot setback from the front property line. A modification to the Zoning Code is also requested, inasmuch as a proposed addition encroaches to within one foot of a side property line where a 10 foot side yard setback is required. LOCATION: A portion of Lot No. 614, First Addition, USE PERMIT Newport Mesa Tract, located at 1555 NO. 689 Superior Avenue, on the northwesterly side (Amended) of Superior Avenue, between. Placentia Avenue and Sixteenth Street, adjacent to the West Newport Triangle. ZONE: M -1 -A - 30 - 3 � � r 9 m OJ so • MINUTES August 4, 1983 of Newport Beach INDEX APPLICANT: Newport Convalescent Center, Newport Beach OWNER: American Health Centers, Newport Beach The public hearing opened in connection with this item (APPROVED and Mr. Ron Millett, Administrator of Newport Center CONDI- Convalescent, appeared before the Commission. TIONALLY Mr. Millett stated some concerns he has on the conditions of approval in the staff report: His first concern was that of Condition No. 7. In response to a question posed by Mr. Millett, Mr. Laycock, Current Planning Administrator, stated that this condition was added to make sure there are handicapped spaces provided on -site. The second concern of Mr. Millett's is that of Condition No. 13, regarding limiting the use of the laundry facility between the hours of 8:00 a.m. and 8:00 p.m. In response to Mr. Millett's question, Chairman King stated that if. the equipment or the room that contains the equipment can be sound attenuated, then Chairman King would delete Condition No. 13 regarding the hours of operation. Commissioner Person asked if the applicant would accept language added to Condition No. 13, which would add a comma and the following language, "...except in the case of an emergency ". Commissioner Winburn suggested that the language for Condition No. 13 be changed to read, ...8:00 a.m. or after 9:00 p.m. daily. Commissioner Goff suggested that the situation could be resolved if the applicant were to hire an acoustical engineer to test the sound level at the property lines with the laundry equipment operating, to ensure that the equipment is sound attenuated to be no greater than 55 dBA at said property lines. Chairman King concurred with Commissioner Goff's suggestion, stating that Condition No. 14 essentially covers the sound attenuation. The last concern of Mr. Millett is Condition No. 16, the word "laundry" should be put in as a substitute for the words "dry cleaning ". Commissioner Goff asked Mr. Millett .whether he would have any objection to the following conditions being added: - 31 - MINUTES August 4, 1983. a m w City of Newport Beach INDEX "That a landscaping plan shall be developed and subject to the approval of the Parks, Beaches and Recreation Department and the Planning Department prior to the issuance of Building permits and that the landscaping shall be regularly maintained free of weeds.and debris. All vegetation shall be regularly trimmed and kept in a healthy condition "; and "That, the parking area shall be resurfaced or repaved and restriped in a manner acceptable to the Traffic Engineer." Mr. Millett indicated that he had no objections to the additional conditions. Planning Director suggested an .additional comment to the landscape condition stating that the landscape plan be approved and installed prior to the time that the construction is finaled. Ayes X X X Motion for approval of Use Permit No. 689 (Amended) was Noes X now voted on, which MOTION CARRIED. Absent FINDINGS: 1. That the existing and proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. The Police Department has indicated that it does not contemplate any problems. . 3. That the proposed additions will not increase the parking demand of the facility inasmuch as no new employees will be required and no additional patients are proposed in conjunction with the property alterations. 32 - Planning Director Hewicker stated that Condition No. 13 be deleted and that wording be amended to Condition No. 14 to read: "Any roof -top fans, vents and other mechanical equipment shall be sound attenuated so that they don't exceed 55 dBA at the property lines and that they be screened from view. Motion X Motion was made for approval of Use Permit No. 689 (Amended), subject to the Findings and Conditions in Exhibit "A" with the deletion of Condition No. 13, the added language to Condition No. 14, the change in wording of Condition No. 16, and the added conditions. suggested by Commissioner Goff. Planning Director suggested an .additional comment to the landscape condition stating that the landscape plan be approved and installed prior to the time that the construction is finaled. Ayes X X X Motion for approval of Use Permit No. 689 (Amended) was Noes X now voted on, which MOTION CARRIED. Absent FINDINGS: 1. That the existing and proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. The Police Department has indicated that it does not contemplate any problems. . 3. That the proposed additions will not increase the parking demand of the facility inasmuch as no new employees will be required and no additional patients are proposed in conjunction with the property alterations. 32 - MINUTES g August 4, 1983 rS ,F . City of Newport Beach INDEX 4. That. the establishment, maintenance of operation of the use of the property or building 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; and further, that the proposed modification to allow encroachments into a required setback; area is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS: - - 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as noted below. • 2. That all trash areas and outdoor storage areas shall be screened from Superior Avenue and adjoining properties. 3. That a minimum of one parking space for each two beds (37 parking spaces) shall be provided in conjunction with the subject convalescent' hospital. 4. That continuous curb stops be installed in the northerly parking area at least four feet from the railing adjacent to Superior Avenue. 5. That a new concrete drive approach and paving be installed at the southerly drive entrance. 6. That any proposed or existing landscaping adjacent' to the public 'right -of -way be approved by the Public Works Department. 7. The size and location of handicapped parking spaces shall be designated by a method approved by the City Traffic Engineer. 8. That a standard use permit agreement and • accompanying surety be provided if it is desired to obtain a building permit prior to completion of the public improvements. - 33 - MINUTES 15. That prior to the occupancy of the building, a qualified acoustical engineer, retained by the. City at the applicant's expense, shall demonstrate to the satisfaction of the Planning Director that the noise impact of the laundry building does not exceed 55 dBA at the property lines. 16. That the proposed laundry operation shall be installed. and operated in conformance with the requirements of the South Coast Air Quality Management District. 17. That the applicant shall construct a continuous six -foot high masonry wall along the southerly side property line of the subject property, except for the front ten feet adjacent to Superior Avenue where said wall shall not exceed a height of three feet. ;. r m o 6 August 4, 1983 City of Newport Beach ROLL CALL 18. That a landscaping plan, including. the area 11111111 INDEX adjacent to the required masonry wall, shall be . 9. That the existing storage shed located in the developed and subject to the approval of the southerly parking area shall be removed so as to provide adequate space for the seven parking spaces. 10. That the employees shall be required to park on site. 11. That the proposed front storage building adjacent to Superior Avenue shall be deleted from the plans, and that the existing lean -to located in the southerly parking area shall be removed from the site. 12. That the proposed laundry facility shall be for the exclusive use of the Newport Convalescent Center only. 13. (Deleted by Staff) 14. Any roof -top fans, vents and other mechanical • equipment shall be sound attenuated. so that they . don't exceed 55 dBA at the property lines and that they be screened from view. 15. That prior to the occupancy of the building, a qualified acoustical engineer, retained by the. City at the applicant's expense, shall demonstrate to the satisfaction of the Planning Director that the noise impact of the laundry building does not exceed 55 dBA at the property lines. 16. That the proposed laundry operation shall be installed. and operated in conformance with the requirements of the South Coast Air Quality Management District. 17. That the applicant shall construct a continuous six -foot high masonry wall along the southerly side property line of the subject property, except for the front ten feet adjacent to Superior Avenue where said wall shall not exceed a height of three feet. Parks, Beaches and Recreation Department and the Planning Department prior to the issuance of Building permits, and that the landscaping shall - 34 - 18. That a landscaping plan, including. the area 11111111 adjacent to the required masonry wall, shall be . developed and subject to the approval of the Parks, Beaches and Recreation Department and the Planning Department prior to the issuance of Building permits, and that the landscaping shall - 34 - COMMISSFONERS MINUTES August 4, 1983 � 9 � m am 7 Cit of Newport Beach O ROLL CALL INDEX be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. The approved landscaping shall be installed prior to the time that construction is finaled. 19. That the parking area shall be resurfaced or repaved and restriped in a manner acceptable to, the Traffic Engineer. • Motion Substitute Ayes Noes Absent C� Request to establish one building site and eliminate Item #12 interior property lines where three lots presently exist so as to permit future commercial development on the property. LOCATION: Lots No. 17, 18 and 19, Block 7, RESUB- Resubdivision of Section One of Balboa DIVISION Island, located at 133 Agate Avenue, on NO. 756 the southwesterly corner of Agate Avenue and Park Avenue, on Balboa Island. ZONE: -C -1 -H APPLICANT: Mr. Bruce E. Nott, Irvine OWNER: Same as applicant ENGINEER: Duca- McCoy, Inc., Corona del Mar The public hearing opened in connection with this item Continued and no one was present to represent the applicant. to August 18; 1983 Motion was made for approval of Resubdivision No. 756, subject to the Findings and Conditions of Exhibit "A ". Substitute motion was made to continue Resubdivision X IXIIxl X No. 756 to the meeting of August 18, 1983, which MOTION x CARRIED. * * r Request to resubdivide two existing parcels of land Item #13 into a single parcel of land so as to permit the construction of a rental office over an existing common property line. - 35 - • Motion X All Ayes X X X X August 4, 1983 M r'. MINUTES INDEX LOCATION:. Parcels No. 1 and 2 of Parcel Map RESUB- No. 59 -39 ( Resubdivision No. 396), located DIVISION at 919 Bayside Drive, on the southerly NO. 758 side of Bayside Drive, between Harbor Island Drive and Marine Avenue, adjacent to Promontory Bay. ZONE: APPLICANT: OWNER: ENGINEER: R -3 McLain Development, Newport Beach The Irvine Company, Newport. Beach Robert Bein, William Frost & Associates, Newport Beach The public hearing opened in connection with this item and Mr. Gale Pickard, representing the applicant, appeared before the Commission. Mr. Pickard stated that he had no objections to the Findings and Conditions for Approval. Motion was made for,approval of Resubdivision No. 758, subject to the Findings and Conditions of Approval in Exhibit "A ", which MOTION CARRIED. FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large,.for access through or use of, property within the proposed subdivision. CONDITIONS: 1. That a parcel map be recorded. . 2. That all improvements be constructed as required by ordinance and the Public Works Department. - 36 - CONDI- TIONALLY 3.� r 5 O1 3 ip c m ro c ? a o sin • Motion X All Ayes X X X X August 4, 1983 M r'. MINUTES INDEX LOCATION:. Parcels No. 1 and 2 of Parcel Map RESUB- No. 59 -39 ( Resubdivision No. 396), located DIVISION at 919 Bayside Drive, on the southerly NO. 758 side of Bayside Drive, between Harbor Island Drive and Marine Avenue, adjacent to Promontory Bay. ZONE: APPLICANT: OWNER: ENGINEER: R -3 McLain Development, Newport Beach The Irvine Company, Newport. Beach Robert Bein, William Frost & Associates, Newport Beach The public hearing opened in connection with this item and Mr. Gale Pickard, representing the applicant, appeared before the Commission. Mr. Pickard stated that he had no objections to the Findings and Conditions for Approval. Motion was made for,approval of Resubdivision No. 758, subject to the Findings and Conditions of Approval in Exhibit "A ", which MOTION CARRIED. FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large,.for access through or use of, property within the proposed subdivision. CONDITIONS: 1. That a parcel map be recorded. . 2. That all improvements be constructed as required by ordinance and the Public Works Department. - 36 - CONDI- TIONALLY 3 August 4, 1983 9 W City of Newport Beach Request to amend a previously approved use permit which allowed the establishment of the Hemingway's Restaurant facility. with on -sale alcoholic beverages in the C -1 District. The proposed amendment is a request to change the restaurant's hours of operation so as to permit a lunch time operation during the week. The proposal also includes the acceptance of an off -site parking agreement which will 'provide the additional required daytime restaurant parking spaces. LOCATION: Lots No. 5 and 6, Block B, Tract No. 470; Lots No. 7 and 9, Block 730, Corona del Mar Tract located at 2441 East Coast Highway, on the southwesterly corner of East Coast Highway and Carnation Avenue (i.e.,.restaurant site); and the northerly side of East Coast Highway, between MacArthur Boulevard and Newport Center Drive (i.e., off -site parking site), in Corona del Mar. y 1 1 1 I I l t ZONE: C -1 APPLICANT: Randall H. Johnson dba Hemingways, Corona del Mar OWNER: James B. Wood, Corona del Mar MINUTES INDEX Item #14 USE PERMIT NO. 1778 (Amended),. Bill Laycock, Current Planning Administrator suggested IDENIED that there should be a change in Exhibit "B ", Condition No. 2, guaranteeing that a minimum of thirty -two parking spaces be provided in the off -site parking lot, instead of thirty spaces. The public hearing opened in connection with this item and Mr. David Neish, representing the applicant, presented himself to the Commission. After commenting on some issues raised by staff, Mr. Neish introduced the applicant, Randy Johnson. Mr. Johnson stated that he has read the staff report and agrees with the conditions in Exhibit "B ". Mr. Johnson then described the valet parking in . relation to the proposed off -site parking lot. When the automobile arrives at the restaurant site an attendant will issue a ticket with a reference number to the person arriving. There will be two runners who will take the automobile across East Coast Highway via - 37 - MINUTES INDEX the intersections with traffic signals to the off -site parking area. Valet booths in both areas have also been proposed where the telephone company can install an intercom line, and a direct ring to each valet box for constant communication between the two locations. Once the client has finished with lunch and the check is presented, the client will be asked for his or her reference number. At this time the reference will be given to the lot attendant and the automobile will be brought to the restaurant site.' In response to a question posed by Commissioner Goff, Mr. Johnson stated that an estimated round trip from the parking lot would be, on an average, 2 to 5 minutes maximum. In response to a question posed by Commissioner Person, Mr. Johnson stated that if Use Permit No. 1778 (Amended) were approved conditionally, he would be willing to accept a modification that this request • return to the Planning Commission in 90 days instead of 6 months. Mr. Johnson further commented that between himself, his general manager, his chef, his bookkeeper and one dishwasher, there are times when there are only 5 cars in the parking lot. If these 5 spaces can be freed up by having valet parking, that would give them 5 of the 8 requested parking spaces. In. response to a question posed by Commissioner Winburn, Mr. Laycock stated that the Police Department Review Request states that the off -site parking, north of East Coast Highway, would create a serious hazard for motorists and pedestrians and that it can be anticipated that vehicles will make illegal and unsafe turns to gain access to the restaurant and parking. In response to another question posed by Commissioner Winburn, Mr. Johnson stated that he does not anticipate any self - parking unless the situation mandates it, i.e., handicapped person driving, etc. Mr. Robert Longacre, resident of 701 Carnation, presented himself to the Commission in support of the applicant's request. • In response to a question posed by Commissioner Person, 'Mr. Longacre hopes that the Park Restaurant comes under the same review as Hemingway's has. - 38 - August 4, 1983 r m m n m City of Newport Beach INDEX the intersections with traffic signals to the off -site parking area. Valet booths in both areas have also been proposed where the telephone company can install an intercom line, and a direct ring to each valet box for constant communication between the two locations. Once the client has finished with lunch and the check is presented, the client will be asked for his or her reference number. At this time the reference will be given to the lot attendant and the automobile will be brought to the restaurant site.' In response to a question posed by Commissioner Goff, Mr. Johnson stated that an estimated round trip from the parking lot would be, on an average, 2 to 5 minutes maximum. In response to a question posed by Commissioner Person, Mr. Johnson stated that if Use Permit No. 1778 (Amended) were approved conditionally, he would be willing to accept a modification that this request • return to the Planning Commission in 90 days instead of 6 months. Mr. Johnson further commented that between himself, his general manager, his chef, his bookkeeper and one dishwasher, there are times when there are only 5 cars in the parking lot. If these 5 spaces can be freed up by having valet parking, that would give them 5 of the 8 requested parking spaces. In. response to a question posed by Commissioner Winburn, Mr. Laycock stated that the Police Department Review Request states that the off -site parking, north of East Coast Highway, would create a serious hazard for motorists and pedestrians and that it can be anticipated that vehicles will make illegal and unsafe turns to gain access to the restaurant and parking. In response to another question posed by Commissioner Winburn, Mr. Johnson stated that he does not anticipate any self - parking unless the situation mandates it, i.e., handicapped person driving, etc. Mr. Robert Longacre, resident of 701 Carnation, presented himself to the Commission in support of the applicant's request. • In response to a question posed by Commissioner Person, 'Mr. Longacre hopes that the Park Restaurant comes under the same review as Hemingway's has. - 38 - MINUTES INDEX Mr. Phillip Wale, resident of 520 Dahlia, presented himself to the Commission stating his approval of the applicant's request as proposed. Ms. Dee Masters, property owner in Corona del Mar, presented herself to the Commission recommending approval of Use Permit No. 1778. A letter from a Mr. Donald Augustine, 2431 - 4th Ave., Corona del Mar, was read recommending approval of Use Permit.NO. 1778. Mr. Don Debris, resident of Balboa Island, stated his opinion of the quality of the restaurant and what the applicant and his wife have done for the restaurant, and.recommended approval of the applicant's request. Motion X Motion was made for approval of Use Permit No. 1778 Ayes x X (Amended) , subject to the Findings and Conditions in Noes X X X X Exhibit "B ", which MOTION FAILED. b ent * ion X Motion was made for denial of Use Permit No. 1778 Ayes N X X X (Amended) , subject to the Findings in Exhibit "A ", Noes X X which MOTION CARRIED. Absent FINDINGS: 1. That the proposed lunch time operation of the restaurant facility is not compatible with surrounding residential land uses. 2. That inadequate parking facilities currently exist on the subject property. 3. The off -site parking area is not located so as to be useful to the proposed restaurant use inasmuch . as it is ±1100 ft. from the restaurant. 4. Parking on' such off -site. lot will create undue traffic hazards in the surrounding area. 5. The proposed use of a valet parking service will, 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 and be ' detrimental and injurious to property an improvements in the neighborhood and the general welfare of the City, and further that the proposed modification is not consistent with the legislative intent of Title 20 of the Municipal Code. - 39 - x August 4, 1983 � 9 r ro m m m City of. Newport Beach INDEX Mr. Phillip Wale, resident of 520 Dahlia, presented himself to the Commission stating his approval of the applicant's request as proposed. Ms. Dee Masters, property owner in Corona del Mar, presented herself to the Commission recommending approval of Use Permit No. 1778. A letter from a Mr. Donald Augustine, 2431 - 4th Ave., Corona del Mar, was read recommending approval of Use Permit.NO. 1778. Mr. Don Debris, resident of Balboa Island, stated his opinion of the quality of the restaurant and what the applicant and his wife have done for the restaurant, and.recommended approval of the applicant's request. Motion X Motion was made for approval of Use Permit No. 1778 Ayes x X (Amended) , subject to the Findings and Conditions in Noes X X X X Exhibit "B ", which MOTION FAILED. b ent * ion X Motion was made for denial of Use Permit No. 1778 Ayes N X X X (Amended) , subject to the Findings in Exhibit "A ", Noes X X which MOTION CARRIED. Absent FINDINGS: 1. That the proposed lunch time operation of the restaurant facility is not compatible with surrounding residential land uses. 2. That inadequate parking facilities currently exist on the subject property. 3. The off -site parking area is not located so as to be useful to the proposed restaurant use inasmuch . as it is ±1100 ft. from the restaurant. 4. Parking on' such off -site. lot will create undue traffic hazards in the surrounding area. 5. The proposed use of a valet parking service will, 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 and be ' detrimental and injurious to property an improvements in the neighborhood and the general welfare of the City, and further that the proposed modification is not consistent with the legislative intent of Title 20 of the Municipal Code. - 39 - August 4, 1983 :itv of N MINUTES Beach INDEX 6. The approval of Use Permit No. 1778 (Amended) will, 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. * * * Request to amend a previously approved use permit which item #15 permitted the establishment of the "Le Bistro" Restaurant facility with on -sale beer and wine in the USE PERMIT C -1 District. The proposed amendment is a request to NO. 2020 increase the "net public area" of the restaurant and to (Amended) add live entertainment (i.e., a piano) to the restaurant operation. AND AND • Request to waive all of the additional required Item, #16 off - street parking spaces in conjunction with the expansion of the "net public area" of the "Le Bistro" VARIANCE Restaurant facility. NO. 1103 LOCATION: Lots No.' 1121, 1122 and a portion of Lot No. 1123, Tract No. 907, located at 3448 Via Oporto, on the northeasterly side of Via Oporto, between Central Avenue and Via Lido, in Lido Marina Village. ZONE: C -1 -H Continued to August APPLICANT: Mavis Investments, dba Le Bistro, Newport 18, 1983 Beach OWNER: Traweek Investments, Marina Del Rey Motion X Motion was made to continue Item No. 15 - Use Permit Ayes X X X X No. 2020 (Amended) and Item No'. 16 - Variance No. 1103, Noes to the Planning Commission meeting of August 18, 1983, Absent * which MOTION CARRIED. Request to establish a restaurant facility with on -sale Item #17 alcoholic beverages and live entertainment in the M -1 -A District. The proposal also includes a request to construct a monument identification sign within the 15 foot front yard setback and the acceptance of an -40 - MINUTES August 4, 1983 n x � r y m m m m City. of Newport Beach R O L L CALL I 1 1 1 Jill I INDEX I u 0 off -site parking agreement for a portion of the required off - street parking spaces. A modification to the Zoning Code is also requested, inasmuch as a portion of the off -site parking spaces are tandem spaces and compact spaces. LOCATION: Lots No. 11, 12, 50 and 51, Tract No. 3201, located at 3950 Campus Drive, on the northeasterly corner of Campus Drive and Quail Street (i.e., restaurant site) and the easterly, side of Campus Drive between Quail Street and Dove Street (i.e., off -site parking site), across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Ambala Tandoori Restaurant, Inc., Artesia OWNERS:. L. Boyd Higgins and Wesley L. Nutten, Co- Trustees, Los Angeles The public hearing opened in connection with this item and Mr. Ashok Malik, applicant, stated that he believes his request would be an asset to the community. Mr. Dick Hogan, representing the applicant, stated that he has provided the Commission a copy of a revised on -site parking plan. This plan indicates that there are 57 parking spaces available on the lot with the proposed changes for the restaurant use during the day, which would permit approximately 2,300 sq.ft, of . "net public area" in the restaurant. In response to a question posed, by Commissioner Winburn, Ben Nolan, Public Works Director, stated that four additional parking spaces can be provided in the northerly aisle of the parking lot by removing a trash enclosure, and a 24 foot wide aisle will also be maintained for vehicular maneuverability. To the south, 8 parking spaces can be added by closing the southerly double set of parking spaces. Mr. Nolan further stated that the proposed parking.will not work as well as staff would like it to, but that it will work. The two remaining spaces are to the south, adjacent to the building, and if it is correct that there is no driveway to be served, then there is no problem with those spaces. The pedestrian walkway between the two buildings should be accessible. - 41 - USE PERMIT _I NO. 3050 MINUTES INDEX In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that the standard of one parking space for each 40 sq.ft. of "net public area" has generally been used where a dinner house is proposed, which may or may not serve alcoholic beverages. Typically the standard of one space for each. 30 sq.ft. has been reserved in the case where a restaurant has more consumption of alcoholic beverages than food service. Mr.'Hewicker. further stated that making the distinction as to whether or not a restaurant serves alcoholic beverages, does not necessarily change the parking requirement. Mr. Hogan stated that if the Commission wished to add the condition that there shall be no cocktail lounge as the applicant would be perfectly happy to accept that condition. In response to a question posed by Commissioner Goff, Mr. Hogan stated that as long as it is required to . fill -up the off-wsite parking lot first it can be done, but if someone wants to self -park, then they shall be able to park wherever they prefer to park in the self -park area. Mr. Hogan further stated that when referring to the valet parking, the valets will fill up the off -site parking lot first, which can be done through management of the parking. In response to a question posed by Commissioner Winburn, Mr. Hogan stated that with respect to Condition No. 2 he wishes for it to read, That the restaurant shall be open only between the hours of 11:30 a.m, to 2:30 p.m. and 5:30 p.m. to 12:30 a.m. Motioni X Motion was made for approval of Use Permit No. 3050, subject to.the Findings and Conditions of Exhibit "S ", including the.off -site parking agreement, and with the change of conditions in Conditions No. 2, 5, 10, and with the added condition, Condition No. 16. I Accepted X Commissioner Goff requested an added condition to have the owner of the property work with the applicant to define the parking spaces that will be used exclusively • for the restaurant facility, and if this is accomplished, to have the condition that the self - parking spaces have access to the closest entrance to the restaurant. - 42 - August 4, 1983 r a m moo City of Newport Beach INDEX In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that the standard of one parking space for each 40 sq.ft. of "net public area" has generally been used where a dinner house is proposed, which may or may not serve alcoholic beverages. Typically the standard of one space for each. 30 sq.ft. has been reserved in the case where a restaurant has more consumption of alcoholic beverages than food service. Mr.'Hewicker. further stated that making the distinction as to whether or not a restaurant serves alcoholic beverages, does not necessarily change the parking requirement. Mr. Hogan stated that if the Commission wished to add the condition that there shall be no cocktail lounge as the applicant would be perfectly happy to accept that condition. In response to a question posed by Commissioner Goff, Mr. Hogan stated that as long as it is required to . fill -up the off-wsite parking lot first it can be done, but if someone wants to self -park, then they shall be able to park wherever they prefer to park in the self -park area. Mr. Hogan further stated that when referring to the valet parking, the valets will fill up the off -site parking lot first, which can be done through management of the parking. In response to a question posed by Commissioner Winburn, Mr. Hogan stated that with respect to Condition No. 2 he wishes for it to read, That the restaurant shall be open only between the hours of 11:30 a.m, to 2:30 p.m. and 5:30 p.m. to 12:30 a.m. Motioni X Motion was made for approval of Use Permit No. 3050, subject to.the Findings and Conditions of Exhibit "S ", including the.off -site parking agreement, and with the change of conditions in Conditions No. 2, 5, 10, and with the added condition, Condition No. 16. I Accepted X Commissioner Goff requested an added condition to have the owner of the property work with the applicant to define the parking spaces that will be used exclusively • for the restaurant facility, and if this is accomplished, to have the condition that the self - parking spaces have access to the closest entrance to the restaurant. - 42 - MINUTES INDEX Accepted Commissioner Person asked, if the maker of the motion would accept the language discussed by Bob Gabriele regarding restaurant uses and in addition a condition that there shall be no sit down bar or lounge area. Accepted x Mr. Laycock asked if the Commission would be interested in a condition to the effect that a revised parking layout submitted by the applicant be approved by the Traffic Engineer? It was determined that this condition could be added to Condition No. 11. All Ayes x x x x x * Motion for approval for Use Permit No. 3050, was now voted on, which MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. • 2. The project will not have any significant environmental impact. 3. The off -site parking area is located so as to be useful to the proposed restaurant use. 4. Parking on such off -site lot will not create undue traffic hazards in the surrounding area. 5. That the applicant has entered into an appropriate lease for the off -site parking spaces, which is of sufficient duration for the proposed development. 6. The approval of Use Permit No. 3050 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. 7. The proposed use of tandem and compact car spaces, a valet parking service, and the proposed sign in the front yard setback area 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 -43 - n 7c August 4, 1983 $ r v m m m� CL m ° City of Newport Beach INDEX Accepted Commissioner Person asked, if the maker of the motion would accept the language discussed by Bob Gabriele regarding restaurant uses and in addition a condition that there shall be no sit down bar or lounge area. Accepted x Mr. Laycock asked if the Commission would be interested in a condition to the effect that a revised parking layout submitted by the applicant be approved by the Traffic Engineer? It was determined that this condition could be added to Condition No. 11. All Ayes x x x x x * Motion for approval for Use Permit No. 3050, was now voted on, which MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. • 2. The project will not have any significant environmental impact. 3. The off -site parking area is located so as to be useful to the proposed restaurant use. 4. Parking on such off -site lot will not create undue traffic hazards in the surrounding area. 5. That the applicant has entered into an appropriate lease for the off -site parking spaces, which is of sufficient duration for the proposed development. 6. The approval of Use Permit No. 3050 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. 7. The proposed use of tandem and compact car spaces, a valet parking service, and the proposed sign in the front yard setback area 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 -43 - August 4, 1983 J• MINUTES Beach INDEX welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan except as may be noted below. 2. That the restaurant shall be open only between the hours of 11:30 a.m. to 2:30 p.m. and 5:30 p.m. to 12:30 a.m. 3. That parking shall be provided at a ratio of one space for each 40 sq.ft. of "net public area ". 4. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 46 parking spaces shall be provided for • the duration of the proposed use after 5:30 p.m. on property located at 4040 Campus Drive. 5. That the valet parking service be provided at all times during the restaurant's hours of operation after 5:30 p.m. 6. That all mechanical equipment and trash areas shall be screened from Campus Drive adjoining properties. 7. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management District. S. That a washout area for. the restaurant trash containers be provided in such a way as to in direct drainage into the sewer system and not into the Bay or the storm drains if required by the Building Department. 9. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the uniform Plumbing Code unless otherwise approved by the • Building Director. 10. That all restaurant employees shall park their vehicles in the off -site parking area .after 5:30 p.m. - 44 - � x r f m August 4, 1983 J• MINUTES Beach INDEX welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan except as may be noted below. 2. That the restaurant shall be open only between the hours of 11:30 a.m. to 2:30 p.m. and 5:30 p.m. to 12:30 a.m. 3. That parking shall be provided at a ratio of one space for each 40 sq.ft. of "net public area ". 4. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 46 parking spaces shall be provided for • the duration of the proposed use after 5:30 p.m. on property located at 4040 Campus Drive. 5. That the valet parking service be provided at all times during the restaurant's hours of operation after 5:30 p.m. 6. That all mechanical equipment and trash areas shall be screened from Campus Drive adjoining properties. 7. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management District. S. That a washout area for. the restaurant trash containers be provided in such a way as to in direct drainage into the sewer system and not into the Bay or the storm drains if required by the Building Department. 9. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the uniform Plumbing Code unless otherwise approved by the • Building Director. 10. That all restaurant employees shall park their vehicles in the off -site parking area .after 5:30 p.m. - 44 - cc °m?n��m o. August 4, 1983 `-n l MINUTES Beach INDEX 11. That prior to the issuance of building permits, the applicant shall restripe the subject on -site parking.lot as indicated on the approved plans, and said plan, shall be approved by the Traffic Engineer. 12. That prior to the issuance of building permits the City Traffic Engineer shall approve the valet parking operation. 13. That prior to the issuance of building permits the applicant shall submit to the City Traffic Engineer plans for insuring that the parking spaces not committed to other uses on the subject property shall be available to restaurant patrons at all times during the restaurant's hours of operation. 14. That handicapped parking spaces shall be provided to meet Ordinance requirements. • I I I I I I I 15. That the valet parking service shall use the off -site parking spaces before using the on -site spaces for restaurant patrons vehicles. 16. That the Planning Commission may add and/or modify conditions of approval to 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 or welfare of the community. 17. That no cocktail lounge or bar shall be permitted I in the restaurant facility unless an amended use permit is approved. 18. That the applicant shall work with the property owner to define the parking spaces that will be used exclusively for the restaurant facility, and if this is accomplished, the restaurant parking spaces closest to the restaurant entrance shall be reserved for self - parking spaces.. The parking plan shall, be reviewed and approved by the Planning Department and the Traffic Engineer. • I I I I I I Request to permit the construction of a two unit (Item #18 residential condominium development and related garage USE PERMIT spaces on property located in the R -3 District. NO. 3051 - 45 - • Motion Ayes Noes Absent Motion Ayes . Noes Absent is e s r E 9 m m 2Y m s n x p m X August 4, 1983 M Request to resubdivide an existing single parcel of land in the R -3 District into a single parcel for residential condominium purposes. LOCATION: Lot No. 12, Block 109, Section B, Newport Beach Tract, located at 922 West Balboa Boulevard, on the northerly side of West Balboa Boulevard, between Ninth Street and Tenth Street, on the Balboa Peninsula. ZONE: R -3 APPLICANT: Dean Mollner, Santa Ana OWNER: Same as applicant ENGINEER/ ARCHITECT: Brion S. Jeannette & Associates, Newport Beach The public hearing opened in connection with these items and Mr. Brion Jeannette, representing the applicant /owner, Mr. Dean Mollner, appeared before the Commission. Motion was made for approval of Use Permit No. 3051 and Resubdivision No.757, which MOTION FAILED. The Commission asked the applicant that if his application were continued, would he come back with a revised plan with development at 1.5 times the buildable area? The applicant stated that he believes the zoning should be changed if it is the desire of the Commission to require said development standard. Motion was made to continue Use Permit 'NO. 3051 and X Resubdivision No. 757 to the Planning Commission IXIXI Meeting of August 18, 1983, so that all Commissioners * are present to review these applications, which MOTION CARRIED. * * * Request to expand the existing Shanghai Pine Garden restaurant facility with on -sale beer and wine in the C -1 District, and to waive all of the required off - street parking spaces. MINUTES INDEX AND Item #19 RESUB- DIVISION NO. 757 Continued to August 18, 1983 Item #20 COMAMSSdONNERS MINUTES August 4, 1983 n 7C r X ° City of Newport Beach mXo ROLL CALL INDEX LOCATION: Lot No. 1, Block 14, Balboa Island, USE PERMIT located at 300 Marine Avenue, on the NO. 3052 northeasterly corner of Marine Avenue and Balboa Avenue, on Balboa Island. ZONE: C -1 . APPLICANTe Cheong Kwong Lam, Balboa Island OWNER: Same as applicant Mr. Hewicker, Planning Director, stated that the applicant has asked for a five week continuance. Motion X Motion was made to continue Use Permit No. 3052 to the Ayes X X X X Planning Commission meeting of September 8, 1983, which Noes X MOTION CARRIED. Absent • Request to establish a used automobile sales and Item #21 service facility in the C -1 -H District. LOCATION: Lots No. 72 and 73, Tract No. 1011, USE PERMIT located at 3939 West Coast Highway, on the NO. 3053 southeasterly corner of West Coast Highway and the entrance to Balboa Coves, in West Newport. ZONE: C -1 -H APPLICANT: Benedict J. Gilano, Santa Ana Heights. OWNER: James H. Kindel, Newport Beach The public hearing opened in connection with this item and Mr. Philippe Stoner, representing the applicant, Mr. Benedict Gilano, appeared before the Commission. Mr. Stoner stated that with respect to Condition No. 11, the applicant was requesting that the wall to be extended be constructed with wrought iron since it is the intent of the applicant to lease the adjoining property for additional parking or display. In response to questions posed by Commissioner Goff, . Mr. Stoner stated that it is the intent of the applicant to have a small illuminated sign. It is anticipated that the type of used cars will be expensive, foreign, (i.e., Mercedes Benz, BMW's) and domestic automobiles. - 47 - APPROVED CONDI- TIONALLY MINUTES INDEX Commissioner Goff suggested the following language be added to Condition No. 13, "...to the existing building and replaced by a 4' high block wall to match the existing block. wall." ,Commissioner Goff also suggested the following language be added to Condition No. 11, ".., and that the low retaining wall be repaired or replaced, to the sidewalk." In response to a question posed by Commissioner Kurlander, Mr. Nolan, Public Works Director stated that regarding Condition No. ,16, a drain to the sanitary sewer cannot be an open drain exposed to water. Mr. Nolan suggested that added language to Condition No. 16, be read as follows: "that washing of automobiles be done in a covered structure." Mr. Hewicker suggested that the landscape planter along West Coast Highway be widened so as to provide a minimum depth of at least 3'. as opposed to 2' as shown on the plan. • In response to Mr. Hewicker's request, Mr. Stoner acknowledged that there will not be any signs placed on the windshields of any cars indicating that a car is for rent or for sale. In response to an earlier question posed by Commissioner Kurlander, Mr. Stoner stated it is anticipated that the automobiles be cleaned and detailed at a remote location. Mr. Stoner also stated that the applicant has made arrangements with a detail shop for the ongoing maintenance of the automobiles. Mr. Hewicker suggested an added condition that, "there shall be no 'washing of automobiles on -site unless an amended use permit is approved." Motion I I I I 1XI I Motion was made for approval of Use Permit No. 3053, subject to the Findings and Conditions in Exhibit "A" with the following changes: Condition No. 5 - The following added to "The final design of signs shall be subject to the approval of the Planning Director." Condition No. 11 - That the added language be: "...and • that the low retaining wall be along the easterly side property. line be repaired or replaced, to the sidewalk." - 48 - August 4, 1983 r m�a a m w City of Newport Beach INDEX Commissioner Goff suggested the following language be added to Condition No. 13, "...to the existing building and replaced by a 4' high block wall to match the existing block. wall." ,Commissioner Goff also suggested the following language be added to Condition No. 11, ".., and that the low retaining wall be repaired or replaced, to the sidewalk." In response to a question posed by Commissioner Kurlander, Mr. Nolan, Public Works Director stated that regarding Condition No. ,16, a drain to the sanitary sewer cannot be an open drain exposed to water. Mr. Nolan suggested that added language to Condition No. 16, be read as follows: "that washing of automobiles be done in a covered structure." Mr. Hewicker suggested that the landscape planter along West Coast Highway be widened so as to provide a minimum depth of at least 3'. as opposed to 2' as shown on the plan. • In response to Mr. Hewicker's request, Mr. Stoner acknowledged that there will not be any signs placed on the windshields of any cars indicating that a car is for rent or for sale. In response to an earlier question posed by Commissioner Kurlander, Mr. Stoner stated it is anticipated that the automobiles be cleaned and detailed at a remote location. Mr. Stoner also stated that the applicant has made arrangements with a detail shop for the ongoing maintenance of the automobiles. Mr. Hewicker suggested an added condition that, "there shall be no 'washing of automobiles on -site unless an amended use permit is approved." Motion I I I I 1XI I Motion was made for approval of Use Permit No. 3053, subject to the Findings and Conditions in Exhibit "A" with the following changes: Condition No. 5 - The following added to "The final design of signs shall be subject to the approval of the Planning Director." Condition No. 11 - That the added language be: "...and • that the low retaining wall be along the easterly side property. line be repaired or replaced, to the sidewalk." - 48 - August 4, 1983 MINUTES g � m City of Newport Beach INDEX Condition No. 13 - That the added language be: "...to the existing building and replaced by a 4' high block wall to match the existing block wall 'located along a portion of the easterly side property line." Condition No. 16 - That this condition, as worded, shall be deleted and replaced with a condition which states, "That no automobiles shall be washed on -site unless an amendment to this use permit is approved. Condition No. 18 (Added) - That no signs shall be placed on windshields of cars on display. Condition No. 19 (Added) - "That the plot plan be modified to reflect a minimum 3' planter along the West Coast Highway frontage of the site." Ayes X IX X X X Motion was now voted on, which MOTION CARRIED. Noes Y. Absent * FINDINGS: • 1. The proposed development is consistent with the General Plan, and the adopted.Local Coastal Program Land Use Plan, and is compatible with existing and surrounding land uses. 2. The proposed project will not have any significant environmental impact. 3. The approval of Use Permit No. 3053 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 inthe neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, and elevations, except as noted below. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from West Coast Highway. • 3. That the illumination of any open automobile display or storage areas shall be maintained in such a manner as to eliminate direct light and -49 - MINUTES r x August 4, 1983 3 m m w City of Newport Beach ROLL CALL INDEX glare on adjoining properties and from West Coast Highway. A timing device shall turn off any lights facing towards the rear of the site at 10 :00 p.m. every night. 4. That the parking lot area shall be striped with approved traffic markers or painted white lines not less than 4 inches wide, providing a total of 10 spaces to be approved by the City Traffic Engineer. 5. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. The final design of signs shall be subject to the approval of the Planning Director. 6. That the landscaping plan and automatic irrigation plan shall be subject to the review and approval of the Parks, Beaches, and Recreation Department and the Planning Department; prior to the issuance of building permits. • 7. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 8. That an amendment to this Use Permit shall be approved prior to implementing automobile repair or service on the site. 9. That the subject lots shall be held in common during the lifetime of the applicant's lease, and that severance of the lots shall constitute termination of the use permit. 10. That the sight distance at the driveways conform to the City's Sight Distance Standard 110 -L; that the proposed iron fencing be designed to allow adequate visibility within the 'limited use area; and that the design of the iron fencing be approved by the Public Works Department. 11. The wall to the east of the easterly driveway shall be extended to provide full stall depth for Parking Space No. 10, and that the.low retaining wall along the easterly side property line shall be repaired . or replaced, to the sidewalk. 12. That the business shall not open before 10:00 a.m. nor close later than 10 :00 p.m. daily. . - 50 - MINUTES August 4, 1983 n A V m m w City . of Newport. Beach INDEX 13. That the portion of the old building wall adjacent to the rear property line shall be removed to the existing building and be replaced by a four (4) foot high .block wall to match the existing block wall located along a portion of the easterly side property line. 14. That all. employees shall park their vehicles on -site at all times. 15. That provisions be made for loading and unloading of vehicles on- site. No loading or unloading of vehicles shall be permitted on West Coast Highway. 16. That no automobiles shall be washed on -site unless .an amendment to this Use Permit is approved. 17. That this approval shall be for a period of two years, and any extensions shall be subject to the approval of the Modifications Committee. i18. That no signs shall be placed on windshields of cars on display. 19. That the plot plan be modified to reflect a minimum 3 foot wide landscape planter along the West Coast Highway frontage where a 2 foot wide planter is indicated. Request to permit the construction of third floor room item #22 additions to an existing single family dwelling with detached garage apartment located in the R -2 District which exceeds the 24 foot basic height limit, and to waive the third required off - street parking space in conjunction with said expansion. LOCATION: Lot No. 17, Block 635, Corona del Mar VARIANCE Tract located at 617 Jasmine Avenue, on NO. 1104 the northwesterly side of Jasmine Avenue, between Third Avenue and Fourth Avenue in Corona del Mar. - 51 - ZONE: R -2 APPLICANT: Pacific Building Concepts, Costa Mesa OWNERS: Pat and Candice McNeilly, Corona del Mar . - 51 - August 4, 1983 rS CL m ° E City of Newport Beach MINUTES INDEX The public hearing opened in connection. with this item APPROVED and Craig Hampton, the applicant, Pacific Building CONDI- Concepts presented his request to the Commission. TIONALLY Mr. Hampton submitted seven letters from neighbors in . the area supporting this particular request. FINDINGS: 1. That there are exceptional .or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district, because of the steep topography of the site. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, since the irregular slope of the site precludes the entire roof construction of the single family dwelling within the required 24 foot height limit. 3. That the proposed building height (that portion in excess of 24 feet, measured from existing grade) will not, under the circumstances of the particular • case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular -52- Mr. Pat McNeilly, owner, presented himself. to the Commission. In response to a question posed earlier by Commissioner Person, Mr. McNeilly stated that if he could come back to the Commission with a reduction in square footage then he would be willing to do so. Mr. Hewicker asked the Commission if they are looking for a reduction in the square footage or a reduction in bedrooms? in response to Mr. Hewicker's question, Chairman King stated that he is not in favor of waiving the parking space and that probably an overall reduction of the project will probably eliminate having to require a variance for exceeding the height limit, but that it might also create a situation in which we are able to park all of the required automobiles • on -site without waiving any parking spaces,. Motion X After further discussion, motion was made to approve All Ayes X X X * Variance No. 1104, subject to the Findings and Conditions in Exhibit "A ", which MOTION CARRIED. FINDINGS: 1. That there are exceptional .or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district, because of the steep topography of the site. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, since the irregular slope of the site precludes the entire roof construction of the single family dwelling within the required 24 foot height limit. 3. That the proposed building height (that portion in excess of 24 feet, measured from existing grade) will not, under the circumstances of the particular • case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular -52- August 4, 1983 � z r m m m City of Newport Beach case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. 4. That there are no exceptional and extraordinary circumstances applying to the land, building, and use proposed in this application as it pertains to provision, of off - street parking, which circumstances and conditions do not generally apply to land, building, and/or uses in the same district. 5. That the granting of a variance to the parking requirement is not necessary for the preservation and enjoyment of substantial property rights of the applicant. 6. That the establishment, maintenance, and operation of the use of the property and buildings with only two off - street parking spaces 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. • CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as otherwise provided below. 2. The applicant shall redesign his project so as to provide three off - street parking spaces as required by Section 20.11.030 of the Newport Beach Municipal Code. 3. .That all vehicular access to the property shall be restricted to the alley only. - 53 - MINUTES 1919004 I• is August 4, 1983 � x r m. City of Newport Beach ADDITIONAL BUSINESS REPORTS FROM AD HOC COMMITTEE: None r t x The Planning Commission discussed the problems with the Park Restaurant, and determined not to set the item for public hearing until September 8, 1983. * x The Planning. Commission discussed the Haagen Dazs Ice Cream Parlor regarding the .hours of operation beyond the permitted time limit. The Commission suggested that a second letter be sent to the applicant. x ► There being no further business, the Planning Commission adjourned at 12:15 a.m. James Person, Secretary City of Newport Beach Planning Commission - 54 - MINUTES INDEX