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HomeMy WebLinkAbout08/04/1988COMMISSIONERS y�G�Z���N " 1 \319 REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: August 4, 1988 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX Present * * * * * * All Planning Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robert H. Burnham, City Attorney W. William Ward, Senior Planner Craig Bluell, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes of July 21, 1988: Minutes of Motion * Motion was made and voted on to approve the July 21, 7 -21 -88 All 1988, Planning Commission Minutes. MOTION CARRIED. Public Comments: Public Comments No persons came forth to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, July 29, 1988, in front of City Hall- Request for Continuances: Request for Continuance James Hewicker, Planning Director, stated that Item No, 4, Variance No, 1124, property located at 3024 Breakers Drive, has been removed from calendar inasmuch as a variance was not required; that the applicant, Abundant Life Community Church, has requested that Item No. 8, Use Permit No. 3320 regarding property located at 3931 -A • and 3933 Birch Street be continued to the September 8, 1988, Planning Commission meeting; and that the applicant, Newport Beach Tennis Club, has requested that Item No. 10, Use Permit No. 3071 (Amended), property located at 2601 Eastbluff Drive, be continued to the COMMISSIONERS �'yy9 oy �� 9y0 CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROM CALL INDEX September 22, 1988, Planning Commission meeting. Mr. Hewicker stated that the attorney for the applicants, Donald G. Griswold and Margaret H. Simpson, has requested that Item No. 11, Lot Line Adjustment No. 88- 2, be continued to the September 22, 1988, Planning Commission meeting. Mr. Hewicker suggested that in addition to continuing Item No. 11, that the Planning Commission instruct the staff to give direction to the applicant to refile the application in the form of a resubdivision. Motion * Motion was made to continue Items No. 8, No. 10, and No. All Ayes 11 as stated. Motion voted on, MOTION CARRIED. Resubdivision No. 878 (Public Hearing) Item No.1 Request to resubdivide an existing lot into a single parcel of land for a two unit residential condominium R878 — development on property located in the R -2 District. Approved . LOCATION: Lot 11, Tract No. 335, Corona del Mar, located at 411 Iris Avenue, on the northwesterly side of Iris Avenue, between First Avenue and Bayside Drive, in Corona del Mar. ZONE: R -2 APPLICANT: Robert D. McCumsey, Newport Beach OWNER: Same as applicant ENGINEER: Robin B. Hamers & Associates, Inc., Costa Mesa Chairman Pers6n stated that there is a concern that several resubdivision chimneys in Corona del Mar do not have a three foot clear area between the parcel and the property line. James Hewicker, Planning Director, replied that chimneys have been allowed to encroach into setback areas for many years in accordance with the Zoning Ordinance and the Uniform Building Code. He explained that to not allow the encroachments, the Zoning Ordinance would have to be changed, and the City Council would be required to find findings to change the Uniform Building Code indicating that the City of Newport Beach is unique in terms of climatic conditions, geologic conditions, and fire safety. Mr. Hewicker -2- COMMISSIONERS f9 •o � °.• °c^ CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX commented that the Fire Department is aware of the narrow side yards that include not only chimney encroachments but landscaping and other types of encroachments. He said that the Fire Department does not usually use the side yards for access, inasmuch as they approach fires from either the street or the alley. In response to a question posed by Commissioner Pomeroy, Mr. Hewicker replied that a minimum of two feet must be maintained in order to permit an encroachment into a side yard. In response to a question posed by Commissioner Debay, Mr. Hewicker replied that at least one parking space must be covered in accordance with the Coastal Commission and the City. The public hearing was opened in connection with this item, and Mr. Robert D. McCumsey, applicant, appeared before the Planning Commission. Mr. McCumsey stated that he concurs with the findings and conditions in Exhibit "A ". • There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Resubdivision All Ayes No. 878 subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.1020 of the Municipal • Code and Section 66415 of the Subdivision Map Act. -3- COMMISSIONERS Gay 1- 90 CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX CONDITIONS: 1. That a parcel map shall be recorded prior to occupancy unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That displaced sections of sidewalk and deteriorated sections of curb and gutter be reconstructed along the Iris Avenue frontage under an encroachment permit issued by the Public Works Department. 5. That all vehicular access to the property be from • the adjacent alley. 6. That County Sanitation District fees be paid. 7. That the Public Works Department plan check and inspection fee be paid. 8. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 9. That this resubdivision shall expire if the map has not been recorded within .3 years of the date of approval, unless an extension is granted by the Planning Commission. 0 -4- COMMISSIONERS ti�G� 99o�Pf Zoe CITY OF NEWPORT BEACH MINUTES August 4 1988 ROMFEALL INDEX Resubdivision No. 879 (Public Hearing) Item No.2 R679 Request to resubdivide an existing lot into a single parcel of land for a two unit residential condominium development on property located in the R -2 District. Approved LOCATION: Lot 17, Block 439, Corona del Mar, located at 425 Marigold Avenue, on the northwesterly side of Marigold Avenue, between East Coast Highway and Second Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Robert D. McCumsey, Newport Beach OWNERS: Same as applicant ENGINEER: Robin B. Hamers & Associates, Inc., Costa Mesa The public hearing was opened in connection with this item, and Mr. Robert D. McCumsey, applicant, appeared before the Planning Commission. Mr. McCumsey stated that he concurs with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was opened in connection with this item. Motion * Motion was made and voted on to approve Resubdivision All Ayes No. 879 subject to the findings and conditions in Exhibit "A ". MOTION.CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. • 3. That the proposed resubdivision presents no problems from a planning standpoint. -5- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES August 4, 1988 R CALL INDEX 4. That public improvements shall be required of a developer per Section 19.08.1020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map may be recorded prior to occupancy unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That deteriorated sections of sidewalk be reconstructed along the Marigold Avenue frontage under an encroachment permit issued by the Public Works Department. Work shall be completed prior to occupancy. 5. That all vehicular access to the property be from the adjacent alley. 6. That County Sanitation District fees be paid prior to issuance of any building permits. 7. That the Public Works Department plan check and inspection fee be paid. 8. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 9. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Item No.3 A. Traffic Study No. 47 (Public Hearing) -6- COMMISSIONERS MINUTES % \��,00\ August 4; 1988 CITY OF NEWPORT BEACH INDEX Request to approve a traffic study so as to permit the Traffic construction of a 16 unit apartment complex on property Study located in the R -3 (2178) District. RDB AND (R1180) B. Residential Density Bonus (Discussion) R877 Request for a density bonus in accordance with Section Approved 65915 of the California Government Code so as to construct an apartment complex with 16 units of which some will be for affordable to lower income families. A modification to the Zoning Code is also requested so as to allow: the new apartment building and a proposed carport to encroach 10 feet into the required 20 foot front yard setback; to allow a two car carport to encroach 4 feet into the required 4 foot easterly side yard setback; to allow covered parking spaces on the front one -half of the site which are not fully enclosed with side walls and garage doors; and to permit a portion of the required open parking spaces to encroach . 10 feet into the required 20 foot front yard setback; and the acceptance of an environmental document. APPLICANT: Pacific Heights Apartments, Costa Mesa AND C. Resubdivision No. 877 (Public Hearing) Request to resubdivide property located in the R -3 (2178) District so as to create two parcels of land where only one parcel currently exists. The proposal also includes a modification to the Zoning Code so as to allow a parcel design which will allow two of the existing remaining structures on the property to encroach 3 feet 104 inches into the required 4 foot side yard setback areas adjacent to the new interior common property line. LOCATION: A portion of Lot 917, First Addition to Newport Mesa Tract, located at 883 West 15th Street, on the southeasterly corner of 15th Street and Monrovia Avenue, in the Northwest Newport area. 0 11111111 ZONE: R -3 (2178) -7- COMMISSIONERS MINUTES August 4, 1988 C( 9�0 CITY OF NEWPORT BEACH ROL CALL INDEX APPLICANTS: City of Newport Beach and Pacific Heights Apartments, Costa Mesa OWNER: Newport Campus Church, Newport Beach ENGINEER: Robin B. Hamers & Associates, Inc., Costa Mesa James Hewicker, Planning Director, stated that the City is conducting programs in the gymnasium. The public hearing was opened in connection with this item, and Mr. Jim White, applicant, appeared before the Planning Commission wherein he stated that the applicants concur with the findings and conditions in Exhibit "A ". Mr. Brad Schweitzer, 848 Halyard, Newport Knolls, appeared before the Planning Commission. Mr. Schweitzer stated that his concerns include the traffic at the intersection of 15th Street and Placentia Avenue; that the proposed carports will encroach into a landscaped • setback area; that the developers should be required to complete the street improvements on the north side of 15th Street inasmuch as it is used by apartment residents for parking; and he addressed the use of the gymnasium. In response to Mr. Schweitzer's concerns, Mr. Hewicker replied that the gymnasium and the parking lot in front of the gymnasium will be purchased by the City and will be maintained as a community center; that the proposed residential development is where the chapel and the remaining classrooms of Newport Christian School are currently located; and the proposed setbacks will conform with the existing setbacks of the residential developments currently located on the same side of the street. Don Webb, City Engineer, explained the City's requirements regarding street improvements, and he stated that a traffic signal at the intersection of 15th Street and Placentia Avenue has been placed on the signal priority list. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Traffic Study yes No. 47, Residential Density Bonus (Resolution No. 1180) Resubdivision No. 877, and related Environmental Document as set forth in Exhibit "A ". MOTION CARRIED. -8- COMMISSIONERS y0AF�F s d 9y X�y CITY OF NEWPORT BEACH MINUTES August 4, 1988 R ALL INDEX A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant environmental impact. B. Traffic Study: Approve the Traffic Study, making the following findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and 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 will neither cause nor make worse an unsatisfactory level of service on any major, primary- modified, or primary street. C. Residential Density Bonus: Approve the Residential Density Bonus and adopt Resolution No. 1180, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted below. 2. That all conditions of approval for Resubdivision No. 877 shall be fulfilled. 3. That the applicant shall enter into an Affordable Housing Agreement, approved as to form and content by the City Attorney and the Planning Director, guaranteeing that a minimum of seven (7) of the sixteen (16) units within the project shall be made available on a preferential basis to persons and . families possessing an "active" Section 8 Existing -9- COMMISSIONERS FF 9 Qp CITY OF NEWPORT BEACH MINUTES August 4, 1988 RO ALL INDEX Rental Assistance Certificate or Voucher and shall be rented at or below the Section 8 Fair Market Rent (FMR) Schedule for Newport Beach. When a Section 8 tenant does not occupy a unit, the unit shall be rented to persons and families earning a maximum income of no more than 80 percent of the median income for Newport Beach as determined by the Department of Housing and Urban Development at a rent which is no more than 30 percent of the maximum income. Said Affordable Housing Agreement shall be recorded with the Orange County Recorder's Office prior to the issuance of building permits. The term of this agreement shall be for no more than thirty (30) years. 4. 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 occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with • the approved plan. 5. That landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 6. That the light system for the project shall be designed, directed, and maintained in such a manner as to control the light source and to minimize light spillage and glare to the adjacent residential 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. 7. That all trash enclosures shall be screened from adjacent properties. 8. That the waiver of the park dedication fee shall be subject to the City Council approval. D. Resubdivision No. 877 and Related Modification: Approve Resubdivision No. 877 and related modification, making the following findings and with the following conditions: • -10- COMMISSIONERS MINUTES August 4, 1988 CITY OF NEWPORT BEACH Findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. The approval of the requested modifications, so as to allow the front and side yard setback encroachments and to allow the use of open carports on the front one -half of the property 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 and is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. CONDITIONS: 1. That a parcel map shall be recorded prior to issuance of building permits on Parcel 1, unless otherwise approved by the Public Works Department and Planning Department. 2. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 3. That a curb access ramp be constructed at the corner of 15th Street and Monrovia Avenue under an encroachment permit issued by the Public Works Department. Work shall be completed prior to -11- INDEX COMMISSIONERS NV\-Al 0Am � q�� A CITY OF NEWPORT BEACH MINUTES August 4, 1988 R CALL INDEX occupancy of the structures on Parcel 1. 4. That the building connected along the parcel boundary between Parcel 1 and Parcel 2 shall be physically separated. In addition, all water, sewer, electrical and gas utilities shall be separate for Parcel 1 and Parcel 2. 5. That each building on Parcel 1 be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 6. That all improvements be constructed as required by Ordinance and the Public Works Department. 7. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Variance No. 1124 (Public Hearing) Item No.4 Request to permit alterations and additions to an V1124 existing duplex which exceeds the 24 foot basic height limit in the 24/28 Foot Height Limitation District, on Removed property located in the R -2 District. The proposed from construction will be entirely below top of curb on Ocean Calendar Boulevard. LOCATION: Lot 2, Tract No. 1026, located at 3024 Breakers Drive, on the northeasterly side of Breakers Drive, just above the Corona del Mar State Beach, in Corona del Mar. ZONE: R -2 APPLICANT: Jack Larson, DDS, Corona del Mar OWNER: Same as applicant James Hewicker, Planning Director, stated that the subject variance has been removed from calendar inasmuch as the variance was not required. -12- COMMISSIONERS ym 0$` �N1"99 CITY OF NEWPORT BEACH MINUTES August 4, 1988 R&WCALL INDEX Variance No. 1125 (Public Hearing) Item No.5 Request to permit alterations and additions to an V1125 existing two story single family dwelling which currently exceeds 1.5 times the buildable area of the Approved site, on property located in the R -1.5 District. The proposal will include the removal of existing floor area which is currently used for enclosed parking and second floor living area, so as to accommodate additional living area to be constructed over the garage. The proposal also includes a modification to the Zoning Code so as to allow the new second floor construction to encroach 1 foot into the required 3 foot westerly side yard setback, in the same manner as the existing ground floor construction and to allow a new carport to encroach 2 feet 6 inches into the required 5 foot rear yard setback adjacent to an alley, in the same manner as the existing garage. LOCATION: Lot 2, Block 3, Section 2, Balboa Island, located at 802 South Bay Front, on the northerly side of South Bay Front, between Diamond Avenue and Sapphire Avenue, on Balboa Island. ZONE: R -1.5 APPLICANTS: Dr. & Mrs. James E. Rich, Balboa Island OWNERS: Lew & Joann Akerman, Balboa Island The public hearing was opened in connection with this item, and Dr. James E. Rich, applicant, appeared before the Planning Commission. Dr. Rich stated that he concurs with the findings and conditions in Exhibit "A" and "B ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sano referred to Exhibits "A" and "B" and he stated that because of the congested nature of Balboa Island, that perhaps Exhibit "B" is more responsive to the needs of all interested parties. Motion * Motion was made to approve Variance No. 1125 with revisions to side and rear yard encroachments, subject • to the findings and conditions in Exhibit "B ". -13- COMMISSIONERS 00 ymG9y�yiA�y9C` 9Q�'v� CITY OF NEWPORT BEACH MINUTES August 4, 1988 RO INDEX Chairman Pers6n stated that he would not support the motion inasmuch as he does not believe that the applicant's statement of support for a variance meets the necessary criteria that the Planning Commission requires in order to grant a variance. Motion was voted on to approve Variance No. 1125 subject Ayes * * * * * to the findings and conditions in Exhibit "B ". MOTION No * CARRIED. FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circumstan- ces and conditions do not generally apply to land, building, and /or uses in the same district inasmuch as the gross floor area of the existing residence and attached garage will not be increased. 2. That the granting of a variance to exceed the permitted gross floor area is necessary for the • preservation and enjoyment of substantial property rights of the applicants, inasmuch as the applicants have indicated that a remodel and expansion of living space is necessary to maintain the property value. 3. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan. 4. That the project will not have any significant environmental impact. 5. That a modification to the Zoning Code so as to allow the new second floor construction to encroach 1 foot into the required 3 foot westerly side yard setback in the same manner as the existing ground floor construction, except over the proposed garage, and to allow a new carport and garage to encroach 1 foot 6 inches into the required 5 foot rear yard setback adjacent to an alley, 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 -14- COMMISSIONERS y�G � y�0y9i 9y s� CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX improvements in the neighborhood or the general welfare of the City and further that the proposed modifications are consistent with the legislative intent of Title 20 of this Code. 6. That the establishment, maintenance, and operation of the use, property, and 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 improve- ments in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations except as noted in the following • condition. 2. That the gross floor area of the structure shall not exceed 3,037± sq.ft. (1.81± x buildable area). 3. That a 3 foot 6 inch setback shall be maintained on the first floor at the alley. 4. That a 3 foot side yard setback shall be maintained where the existing garage maintains a 3 foot side yard setback. 5. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 6. That this variance shall expire unless exercised in 24 months from the date of approval.as specified in Section 20.82.090 A of the Newport Beach Municipal Code. * *at -15- COMMISSIONERS 'Z 01 dGi: 9N �'y sy$c 0 CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX Use Permit No. 3318 (Continued Public Hearing) Item No.6 Request to permit the construction of a second dwelling UP3318 unit (Granny Unit) on property located in the P -C District in Big Canyon. Said proposal is in accordance Approved with the provisions of Section 65852.1 of the California Government Code that permits a second dwelling if said residence is intended for one or two persons who are 60 years of age or over. LOCATION: Lot 54, Tract No. 7223, located at 27 Pinehurst Lane, at the southwesterly terminus of Pinehurst Lane southerly of Royal Saint George Road in Big Canyon. ZONE: P -C APPLICANT: Dr. Paul M. Johnson, Newport Beach OWNER: Same as applicant Chairman Pers6n stated that he has read the July 7, 1988, Planning Commission Meeting Minutes inasmuch as he • was absent when the subject item was previously addressed. The public hearing was opened at this time, and Dr. Paul M. Johnson appeared before the Planning Commission, and in response to a question posed by Chairman Pers6n, Dr. Johnson replied that he would agree to the findings and conditions in Exhibit "A" wherein Condition No. 3 states "that three garage spaces shall be available.. ". He explained that the four car garage as required in Exhibit "B" would not be aesthetically appealing in the neighborhood. Dr. Johnson stated that the adjacent neighbors agree that a three car garage would be the most attractive. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Debay recognized that Condition No. 4 had been amended to state "that the second dwelling unit shall not be sold separately.. ", inasmuch as she had requested a clarification at the July 7, 1988, Planning Commission meeting. on +r Motion was made to approve Use Permit No. 3318 and _ related variance subject to the findings and conditions in Exhibit "A ". -16- COMMISSIONERS v dG�y��NOy9�(C Q� CITY OF NEWPORT BEACH MINUTES August 4, 1988 R ALL INDEX Commissioner Di Sano stated that he would support the motion. He addressed staff's thorough background information, and he said that the second dwelling unit would be an appropriate use. Robert Burnham, City Attorney, affirmatively agreed with Chairman Pers6n's statement that it is necessary for the Planning Commission to make all three findings in order to grant a variance. Chairman Pers6n referred to Finding No. 2 "Why is a variance necessary to preserve property rights? ", and the answer "to allow building a three car and not a four car garage. ", and he stated that he did not understand how such a response answers a question that the Planning Commission is required to make under law. Chairman Pers6n commented that he would not support the motion. Motion voted on to approve Use Permit No. 3318 and Ayes * * * * * related variance subject to the findings and conditions No * in Exhibit "A ". MOTION CARRIED. Findings: • 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the project will not have .a significant environmental impact. 3. That the design of the development 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 development. 4. That there are exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circumstan- ces and conditions do not generally apply to land, building, and /or uses in the same district inasmuch as the second dwelling unit on the site will be limited to occupancy by only one or two individuals of 60 years of age or older. 5. That the granting of a variance to provide only three garage parking spaces is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as Big Canyon -17- COMMISSIONERS Ah �mG�y9��y�CC om� CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX originally designed to provide for Granny Units and said Granny Units have since been provided by State law. 6. The approval of Use Permit No. 3318 with the proposed variance will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the second dwelling unit shall be a minimum of . 600 sq.ft., but no more than 640 sq.ft. in area. 3. That three garage spaces shall be available for the parking of vehicles at all times. 4. That the second dwelling unit shall not be sold separately from the primary unit and shall be limited to the use of one or two persons 60 years of age or older. 5. That the applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and successors in interest in perpetuity so as to limit the occupancy of the second dwelling unit to one or two adults 60 years of age or over, and committing the permittee and successors to comply with ordinances regarding Granny Units that may be adopted in the future. 6. That this Use Permit and related variance shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -18- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX Use Permit No 3284 (Amended) (Public Hearingl Item No.7 Request to amend a previously approved use permit which UP3284A permitted the establishment of a take -out restaurant in the C -1 -H District. The proposed amendment includes a Approved request to delete Condition No. 11 of the original use permit so as to allow the restaurant the exclusive use of a portion of the common patio seating area. The proposal also includes a change in the operational characteristics of the take -out restaurant use so as to allow the use of compact parking spaces for a portion of the required off - street parking. LOCATION: Parcel No. 1 of Parcel Map 85 -1 (Resubdivision No. 516), located at 3423 Via Lido, on the southerly side of Via Lido between Newport Boulevard and Via Oporto in Via Lido Plaza. ZONE: C -1 -H APPLICANT: Newport Via Lido Associates, Orange • OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Russell Hardt, Vice President of the Fritz Duda Company, appeared before the Planning Commission on behalf of the .applicant. Mr. Hardt stated that the applicants concur with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3284 (Amended) All Ayes subject to the findings and conditions in Exhibit "A ". Commissioner Winburn commented that concerns regarding parking had been complied with, and that the property will consist of one restaurant as opposed to three restaurants as originally requested. Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed project is consistent with the Land Use Element of the General Plan and with the • Local Coastal Program and is compatible with the surrounding land uses. -19- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES August 4, 1988 INDEX 2 That the project will not have any significant environmental impact. 3. That the exclusive use of outdoor seating, as opposed to pooled use, will not result in an intensification of use generating a requirement for additional parking. 4. That the approval of this amendment to Use Permit No. 3284 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 to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That all applicable conditions of approval of Use Permit No. 3284 as approved by the Planning Commission on October 22, 1987 shall remain in effect. 3. That the final parking layout shall meet the approval of the City Traffic Engineer prior to the issuance of building permits. 4. Prior to occupancy, the applicant shall provide a separate plan acceptable to the City Engineer which will provide for the required 306 parking spaces without utilizing the southwesterly portion of the site which will be used for the widening of Newport Boulevard. 51 That handicapped parking shall be provided as required by Code, and that the required number of handicapped parking spaces shall be designated solely for handicapped self parking. One handicapped sign on a post shall be required for each handicapped space. 6. That Condition No. 11 of Use Permit No. 3284 shall • be deleted, so that the restaurant facility shall be permitted the exclusive use of a portion of the common patio seating area shown on the approved -20- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX floor plan. 7. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. S. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No. 3320 (Public Hearing) Item No.8 Request to establish a church facility on property UP3320 located in the M -1 -A District. The proposal also includes a request to approve an off -site parking Continued agreement for all of the required off - street parking • spaces for the church. to 9 -8 -88 LOCATION: Lots 11, 12, 50 and 51, Tract No. 3201, located at 3931 -A and 3933 Birch Street, on northwesterly corner of Birch Street and Quail Street (church site) ; and Lot 1, Tract No. 7394, located at 3900 -3920 Birch Street, on the northeasterly corner of Birch Street and Quail Street (off - site parking lot), near the John Wayne Airport. ZONE: M -1 -A APPLICANT: Abundant Life Community Church, Newport Beach OWNER: Mr. L. Body Higgins, Irvine James .Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the September 8, 1988, Planning Commission meeting. Motion * Motion was made and voted on to continue Use Permit No. All Ayes 3320 to the September 8, 1988, Planning Commission . meeting. MOTION CARRIED. -21- COMMISSIONERS g q q�; ym 0. 9 Fy s m c^ tl+0 9� 9y 9A G yyy04 y CC 0 CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX Use Permit No. 1942 (Amended)(Continued Public Hearing) Item N0.9 Request to amend a previously approved use permit which UP1942A permitted a change in operational characteristics of an existing Coco's Restaurant in the C -1 District so as to Approved add the incidental service of on -sale beer and wine. The proposed amendment includes a request to change the facility to a 24 hour coffee shop whereas the existing use permit limits the hours of operation from 7:00 a.m. to 11:00 p.m. daily. The proposed amendment also involves a request to delete the previously established Condition No. 1, that required that a recorded off -site parking agreement be approved by the City Council guaranteeing that a minimum of 23 parking spaces be provided for the restaurant use on property located at 2239 -2247 East Coast Highway. The proposal also includes exceptions to the Sign Code so as to permit an off -site restaurant identification sign on a parking lot site located at 2239 -2247 East Coast Highway, and two roof signs. This application does not propose to increase the "net public area" of the restaurant. IOCATION: Lot 1, Block A, Tract No. 470, located at 2305 East Coast Highway, on the southeasterly corner of Acacia Avenue and East Coast Highway, in Corona del Mar ZONE: C -1 APPLICANT: Grace Restaurant Company, Irvine OWNER: Martin A. Mangold, Trustee, Corona del Mar. Chairman Person stated that he has read the July 7, 1988, Planning Commission Minutes inasmuch as he was absent at said meeting. In response to a question posed by Commissioner Debay, James Hewicker, Planning Director, replied that the restaurant would cease selling beer and wine at 2:00 a.m. The public hearing was opened at this time, and Mr. Randy Hiatt, Restaurant Enterprises, appeared before the Planning Commission on behalf of the applicants. In response to questions posed by Chairman Person, Mr. Hiatt concurred with the findings and conditions in • Exhibit "A ", as proposed by the applicant, inasmuch as the extended hours would cause the restaurant to be -22- COMMISSIONERS 11" o, o� oy fr O CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX economically feasible; however, he said that Exhibit "B ", with limited hours, would require a review by the applicants. Mr. David Dill, 704 Acacia Avenue, appeared before the Planning Commission. Mr. Dill submitted a petition that was circulated in the neighborhood and signed by over 50 residents opposing the extended hours of operation. Mr. Dill stated that there is an overflow of parking in the street because the parking lots do not create enough parking spaces for the restaurant's patrons and employees; he reviewed with the Planning Commission his assessment of the expected level of business necessary for the subject restaurant to receive the proposed $400,000 improvement to the facility; and that he supported Exhibit "B ", limited hours, an off -site parking agreement, and Exhibit "E ", findings for denial of the sign exception. Mr. Bill Boger, Restaurant Enterprises, appeared before the Planning Commission as financial officer for the applicants. Mr. Boger addressed Mr. Dill's presentation . regarding the economics of the proposed project. He read and submitted a petition that was drafted by the applicants and was signed by over 165 customers which stated "that the restaurant is proposing an extensive renovation program which includes a complete remodel of the restaurant's interior and exterior as well as the parking lot across the street, and that if the plan is approved, the renovated property would take on a new name, Edie's Diner, and would be open 24 hours a day to better serve the customers." Mr. Boger referred to previous concerns regarding the traffic flow through the neighborhood so as to make left turns on to East Coast Highway, inasmuch as a median had been constructed on East Coast Highway that prohibited left turns from Acacia Avenue. Mr. Ed Foster, 617 Acacia Avenue, appeared before the Planning Commission in opposition to the restaurant's extended hours. Mr. Foster addressed problems that could develop if the restaurant extended the operating hours and the affect that said hours would have on the residents. In response to questions posed by Chairman Pers6n, Mr. Foster replied that he has lived in the area for 2 1/2 years, and he referred to several restaurants that had problems in Corona del Mar because they served alcoholic beverages and they had a late closing hour. Chairman Pers6n pointed out that the commercial area through Corona del Mar has certain permitted uses under -23- COMMISSIONERS yA0'4^ m Ah �w0� 9 Fy dG :0 �* Irr Z0 CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX the Zoning Code and other uses that are subject to a use permit. Mr. Foster responded that he had never considered a 24 hour restaurant adjacent to the residential area. Mr. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission to address a proposed 24 hour restaurant operation adjacent to a residential area. Mr. Sofer pointed out the demise of 24 hour restaurants in the City and said restaurants have now limited their hours; that people are not drinking alcohol or circulating after 12:00 midnight like they used to; why would a restaurant patron want to drive through a residential area unless they lived in the area; that the foregoing restaurants that created problems in Corona del Mar were very popular for only a short period of time and the Planning Commission should not compare a diner that serves beer and wine to a dinner house; and the Planning Commission has the option to place conditions on the use permit so as to review the operation, if necessary. Mr. Dick Nichols, 519 Iris Avenue, Director of the Corona del Mar Community Association appeared before the Planning Commission. Mr. Nichols referred to his letter dated August 2, 1988, addressed to the Planning Commission, and he briefly stated that there was no precedent of a 24 hour restaurant in Corona del Mar; that the proper area for a 24 hour restaurant would be in Fashion Island; that the restaurant lacks parking; that to use an alley that 'is adjacent to a residential area is not a good idea; and that Edie's Diner, as designed in Marina del Rey would not be in keeping with the Corona del Mar neighborhood. Mrs. Nona Wolverton, 620 Acacia Avenue, appeared before the Planning Commission, because she was concerned that the traffic would be circulating in the neighborhood. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 1942 (Amended) subject to the findings and conditions in Exhibit "B" and Exhibit "D ", approval for Sign Exception. Commissioner Winburn referred to Condition No. 3, and commented that the hours would be extended from 6:00 a.m, and 12:00 midnight Sunday through Thursday, and • 6:00 a.m, and 1:00 a.m. Friday and Saturday. -24- COMMISSIONERS TZ oy Q� 9yo CITY OF NEWPORT BEACH MINUTES August 4, 1988 R CALL INDEX Commissioner Debay stated that she would support the motion; that she had hope that the extended hours would be economically feasible; that based on the petition there are many residents in the area who would support a restaurant late at night; that the applicants come back with a request for a 24 hour restaurant at one of their restaurants in Fashion Island, MacArthur Boulevard, or Westcliff where there is adequate parking that is not abutting a residential area. Commissioner Di Sano stated that he would support the motion in the "spirit of compromise "; however, he said that he would have supported a closing hour of 2:00 a.m. instead of 1:00 a.m. He pointed out that the applicants are a good entrepeneurial company, that they have made an effort to improve the parking lot; that they are making an effort to be a good neighbor to the residents; and that he would support a 24 hour restaurant if the applicants selected a restaurant that is not located adjacent to a residential neighborhood. Commissioner Pomeroy stated that it would appear that the primary concern by the neighbors is not so much the traffic but that they are concerned with a 24 hour operation, and the problems that said operation may cause. In reference to the two petitions that were submitted by the applicants and. the opposition, Commissioner Pomeroy pointed out that about two times as many Corona del Mar residents support the restaurant's position as residents who oppose the extended hours. He commented that the concerns may be more of an immediate area issue than a community issue. He said that he would have also supported extended hours beyond 1 :00 a.m., and he suggested that the restaurant display to the immediate neighbors that this is a good neighbor restaurant, and perhaps the use could be amended at a later date. Motion was voted on to approve Use Permit No. 1942 (Amended) subject to the findings and conditions in All Ayes Exhibit "B" and "D ". MOTION CARRIED. EXHIBIT "B" FINDINGS: 1. That the proposed project is consistent with the • Land Use Element of the General Plan and with the Local Coastal Program and is compatible with the surrounding land uses. -25- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX 2. That the project will not have any significant environmental impact. 3. That repair of the sidewalk and drive aprons on Acacia Avenue adjacent to the parking lot will improve pedestrian safety. 4. That public improvements may be required of a developer in accordance with Section 20.80.060 of the Municipal Code. 5. That the restaurant has continued to utilize the parking lot across Acacia Avenue for many years, despite the absence of a formal off -site parking agreement. 6. That both the restaurant site and the parking lot site are held by one owner, and the two parcels are covered by the same lease. 7. That operation of the restaurant for additional hours could be disturbing to nearby residents, with • noise in the parking lot of particular concern. 8. That the approval of this amendment to Use Permit No. 1942 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 to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That all applicable conditions of approval of Use Permit No. 1942 as approved by the Planning Commission on June 19, 1980 shall remain in effect. 3. That the restaurant shall be open for business only between the hours of 6:00 a.m. and 12:00 midnight Sunday through Thursday and 6:00 a.m. and 1:00 a.m. Friday and Saturday. • 4. That all employees of the facility shall park in the parking lot across Acacia Avenue, and not in -26- COMMISSIONERS oNOy CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROW ALL INDEX the neighboring residential area. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That the deteriorated drive aprons and portions of sidewalk be reconstructed along the Acacia Avenue frontage under an encroachment permit issued by the Public Works Department. That all work be completed within 60 days of the approval of this amendment. 7. That the telephones within the parking lot shall be relocated so that they comply with sight distance requirements of City Standard 110 L. 8. That the off -site parking lot shall be restriped in accordance with a plan approved by the City Traffic Engineer. Said lot shall provide at least 23 parking spaces for the restaurant use. 9. That a landscape plan, including provision for three foot high walls as appropriate, shall meet • the approval of the Planning Department and the Parks, Beaches, and Recreation Department, 10. That a security chain shall be installed at the Acacia Avenue access which chain shall be secured at the close of business hours each night. 11. That the management of the restaurant shall control the off -site parking in the parking lot to the satisfaction of the City Traffic Engineer and the Planning Department. This may include a requirement to install a one -way spiked traffic control device to ensure that the alley access is used for egress only. 12. That signs shall be posted at the alley egress indicating the direction of access to East Coast Highway, northbound. 13. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. • 14. That a trash compactor be provided in the restaurant facility. 27_ COMMISSIONERS MINUTES k o A�%0 Q•��n August 4, 1988 y�G� �'m yy r �� my goy c< yo � CITY OF NEWPORT BEACH ROL CALL INDEX 15. That a sign shall be provided indicating that the parking lot is for the use of the restaurant. 16. That the applicant shall notify the Planning Department within thirty days if use of the off - site parking lot is lost. 17. That all windows shall be closed at all times. All doors shall be closed at all times except when patrons are entering or leaving the restaurant facility so that sound shall be confined to the interior of the restaurant. 18. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. • 19. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. EXHIBIT "D" FINDINGS: 1. That the proposed signs will be compatible with surrounding land uses. 2. That the proposed signs will not have any significant environmental impact. 3. That the off -site pole sign has existed for many years at the same location. 4. That the site of the off -site sign will be utilized by the applicants for parking purposes. 5. That numerous other roof signs exist in the surrounding area, and the restaurant's location in the midst of many other such signs precludes the effective use of a ground sign, pole sign, or a • projecting sign, particularly in view of the low height of the building. -48- COMMISSIONERS y I1_ C CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX 6. That the granting of this exception will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and elevation except as noted in the following conditions. 2. That the off -site sign shall be utilized only so long as the applicant has use of the parking on the property, and that the applicant shall inform the Planning Department within thirty days if the use of said parking is lost. 3. That the sign shall state that the parking is for the use of the applicant's business. Use Permit No. 3071 (Amended)(Public Hearing) Item N0.10 Request to amend a previously approved use permit which UP3071A allowed the expansion of the operational characteristics of the existing Newport Beach Tennis Club. The proposed Continued amendment includes a request to construct a new locker to room and fitness center for the exclusive use of tennis 9 -22 -88 club members. the proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off - street parking spaces; and the acceptance of an environmental document. LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. ZONES: R- 4 -B -2, PRD and C -N -H . APPLICANT: Newport Beach Tennis Club, Newport Beach -29- COMMISSIONERS y�G�y��NOy CC 9o�c CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX OWNER: William K. Parker, Newport Beach James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the September 22, 1988, Planning Commission meeting. Motion * Motion was made and voted on to continue this item to All Ayes September 22, 1988. MOTION CARRIED. Lot Line Adjustment No. 88 -2 (Public Hearing) Item No.11 Request to adjust a lot line between contiguous Lot Line residential parcels in Corona del Mar. Adjustment No. 88 -2 LOCATION: Parcels 1 and 2, Resubdivision No. 2, located at 2340 Bayside Drive, on the Continued northerly side of Bayside Drive; and a to portion of abandoned Pacific Drive, 9 -22 -88 located at 2333 Pacific Drive, on the southerly side of Pacific Drive, adjacent to Begonia Park, in Corona del Mar. ZONE: R -1 APPLICANTS: Donald G. Griswold, Newport Beach and Margaret H. Simpson, Corona del Mar OWNERS: Same as applicants ENGINEER: Pete J. Duca, Corona del Mar James Hewicker, Planning Director, stated that the attorney for the applicants has requested that this item be continued to the September 22, 1988, Planning Commission meeting, and Mr. Hewicker suggested that the Planning Commission direct staff to give direction to the applicant to refile the application in the form of a resubdivision. Motion * Motion was made and voted on to continue this item to All Ayes the September 22, 1988, Planning Commission meeting as stated. MOTION CARRIED. • -30- COMMISSIONERS 4, 9 N B BG.��'P1ApC �y� - J C CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX Amendment No. 663 (Public Hearin%0 Item N0.12 Request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to limit the A663 — permitted heights of fences, walls, plantings, or buildings to no more than three (3) feet on residential Approved lots adjacent to the corner of any intersecting street right -of -way and alley. INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item, and because no one appeared to testify, the public hearing was closed at this time. Motion * Motion was made to recommend to the City Council that Amendment No. 663 be approved. Commissioner Pomeroy stated that he would not support the motion inasmuch as he had concerns about application of this amendment at this time considering the conditions that currently exist throughout the area. He stated that the application may not have a significant short term impact, but the requirement could have an impact in future years. He said that it may place some undue constraints upon building a dwelling that would give a degree of privacy on a corner lot according to plans that have previously been submitted to the Planning Commission. In response to questions posed by Commissioner Merrill regarding sight line distance requirements, Don Webb, City Engineer, replied that said requirements have been strictly enforced in all of the new tracts during the past ten years, and there was a sight distance analysis during the 1960's. Commissioner Merrill agreed that there is a need for the requirement. Commissioner Di Sano, Mr. Webb, and Robert Burnham, City Attorney, discussed actions that the City has previously taken or would take regarding the removal of structures or vegetation for public safety. The public hearing was reopened in connection with this item, and Mr. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. He suggested that to construct a fence higher than three feet on a corner lot, that a fence could be set back 15 feet from the corner, and then diagonal to supply a line of sight for the corner. -31- COMMISSIONERS sf14, CITY OF NEWPORT BEACH MINUTES August 4, 1988 ROL CALL INDEX The public hearing was closed at this time. Ayes x x x x x Motion was voted on to approve Amendment No. 663, MOTION No x CARRIED. Amendment No. 667 (Public Hearing) Item No.13 Request to consider amending Title 20 of the Newport A667 Beach Municipal Code pertaining to the expiration of use permit, variance and modification permit approvals, Approved INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item, and because no one appeared to testify, the public hearing was closed at this time. In response to a question posed by Commissioner Debay • regarding how long a construction site can sit without being completed, Mr. Hewicker replied 180 days. Commissioner Debay requested an explanation regarding the deletion of "diligently pursued until completion ", Mr. Hewicker and Mr. Burnham explained that the Building Code provides that construction has to either be pursued or the applicant loses the building permit, and that a use permit can require that construction has to commence prior to the expiration of the two year period. In response to a question posed by Commissioner Merrill, Mr. Burnham replied that if a building permit expires then the applicant must apply for a new building permit including new fees. Motion * Motion was made and voted on to approve Amendment No. All Ayes 667, MOTION CARRIED. ADJOURNMENT: At 9:00 p.m, the Planning Commission Adjournment adjourned to a Special Meeting on August 11, 1988 at 7:30 p.m. in the Council Chambers to begin public hearing on the General Plan Update. • JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 32