HomeMy WebLinkAbout09/21/1995COMMISSIONERS CITY OF NEWPORT BEACH MINUTES
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T�9�A
REGULAR. PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M.
DATE:
• Minutes of September 7. 1995 Minutes of
9 -7 -95
* Motion was made and voted on to approve with correction, the
Ayes September 7, 1995 Planning Commission Minutes. MOTION
CARRIED.
Public Comments: Public
Comments
No one appeared before the Planning Commission to speak on
non - agenda items.
Posting of the ends: Posting of
Agenda
Mr. Delino stated that the Planning Commission Agenda was posted on
Friday, September 15, 1995, in front of City Hall.
September2l, 1995
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All Corrunissioners present.
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EX- OFFICIO OFFICERS PRESENT:
Kenneth Delino, Assistant City Manager, Planning and Building
Robin Clauson, Assistant City Attorney
Patricia Temple, Planning Manager
Rich Edmonston, Traffic Engineer
Joanne MacQuarrie Secretary
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SUBJECT: Thorne Residence I
Item 1 T
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507 " Street
V1207
Approve
Variance 1207 (Public Hearing)
APPLJCANT: Robert E. Little
Request for alterations and additions to an existing single family dwelling
which will exceed the allowable gross floor area of 2 times the buildable
area of the site and will not provide the required open space, on property
located in the R -1 District. Included in the request is a third floor master
bedroom and deck and setback encroachments to accommodate the
stairwell and deck.
Ms. Temple stated that the site is not a full lot as originally subdivided and is
smaller than the normal lots on the Balboa Peninsula. Prior to the
requirements for subdivision, there were many lot splits recorded with the
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County Recorder.
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Commissioner Ridgeway commented that although the City tries to
discourage three -story buildings, the proposed three -story dwelling, at 28
feet 9 inches, is within the City's height limitation. Ms. Temple clarified that
the City's height limit does not address the number of floors, only the height
of the building. The applicant is requesting to exceed the floor area
limitations. There are two independent accesses from the third floor as
required by the Building Code.
Public Hearing was Opened.
Mr. Robert E. Little, architect and applicant, 1500 W. 6th Street, Corona,
CA and representing the owner, Mr. Stephen Thorne, said he agreed with
the findings and conditions for approval. Mr. Little explained that the
requested additional floor space is needed for Mr. Thorne and his growing .
family. He addressed the development limitations the smaller lot size
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presents as compared to the surrounding larger properties, and stated the
existing side yard encroachment was approved as part of the original plans.
Mr. Stephen E. Thorne, 1309 Bridlewood Circle, Corona, CA, owner, said
that he and his family were planning on moving into the "T' Street address,
having just sold their home in Corona He stated the person currently living
in the "T' Street building would not remain as a tenant.
Public Hearing was Closed.
Motion was made to approve Variance No. 1207 in accordance with the
Ayes
findings and conditions contained in Exhibit "A" MOTION CARRIED.
Findings:
1. That there are exceptional or extraordinary circumstances applying
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to the land and building referred to in this application, which
circumstances or conditions do not apply generally to land, buildings
and/or uses in the same District inasmuch as the subject property is
smaller than that of the typical lot in this area, and is subject to
greater than normal setback area requirements which restrict the
amount of buildable area of the site.
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2. That the granting of the variance is necessary for the preservation
and enjoyment of substantial property rights of the applicant,
inasmuch as the proposed project is generally comparable to the
size, bulk and height to other buildings in the surrounding
neighborhood and strict application of setback requirements results
in a lot with reduced buildable area, which would limit development.
3. That the granting of the modification to the Zoning Code to
encroach 3 feet into the front yard setback, 3 feet into the rear yard
setback, 1 foot into the side yard setback and 3 feet into the side
yard alley setback will not be detrimental to the health, safety, peace,
comfort and general welfare of persons residing or working in the
neighborhood of the subject property and will not under the
circumstances of the particular case be materially detrimental to the
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public welfare or injurious to property improvements in the
neighborhood and further that the proposed modification is
consistent with the legislative intent of Title 20 of this Code. .
4. That the granting of the variance will not, under the circumstances
of the particular case, be materially detrimental to the health, safety,
peace, comfort, and general welfare of persons residing or working
in the neighborhood of the subject property and will not under the
circumstances of the particular case be materially detrimental to the
public welfare or injurious to property and improvement in the
neighborhood, and further that such variance is consistent with the
legislative intent of Title 20 of this Code.
5. That the design of any proposed improvements will not conflict with
any easements acquired by the public at large for access through or
use of property within the proposed development.
6. That public improvements may be required of a developer per
Section 20.82.050 of the Municipal Code.
Conditions:
1. That the development shall be in substantial conformance with the
approved plot plans, floor plans and elevations, except as noted
below.
2. That the gross structural area of the subject property shall not
exceed 2,483 square feet.
3. That two independently accessible parking spaces shall be provided
on -site for the parking of vehicles only, and shall be available to
serve the residential unit at all times.
4. That all improvements be constructed as required by Ordinance and
the Public Works Department.
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5. That Coastal Commission approval shall be obtained prior to the
issuance of a building permits.
6. That this 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.
SUBJECT: Wahler Family Residence i
item 2
165 Shorecliff Road
V1208
Variance No. 1208 (Public Hearing) A
Approve
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Public Hearing.was Closed
*
Motion was made and voted to approve Variance 1208 in accordance with
Ayes
the findings and conditions contained in Exhibit "A" MOTION
CARRIED.
Referring to the subject variance request and the necessity to have access to
living levels, Commissioner Pomeroy recommended that staff seek a manner
to address the height limitation for mechanical equipment and elevator
shafts, perhaps similar to the parameters established for chimneys and
decorative chimney caps. He said due to the aging population, many more
such requests could be anticipated. Chairman Gifford supported the
recommendation for staff to develop a consistent policy.
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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.
2. That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant since the
proposed location of the elevator and the equipment enclosure is less
obtrusive than if located on portions of the roof which would be within
the allowable 24/28 foot height limitation district.
3. That the proposed development is consistent with the General Plan and
the Local Coastal Program Land Use Plan and is compatible with
surrounding land uses.
4. That the proposed development will not have any significant
environmental impact.
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5. The approval of Variance No. 1208 will not, under the circumstances
of the 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 since the proposed
rooftop features will not obstruct views from the adjoining residential
properties and is consistent with the legislative intent of Title 20 of this
Code.
Conditions:
1. That the applicant shall obtain the approval of the Coastal
Commission of the mechanical enclosure and the elevator shaft prior
to construction of such features.
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2. That the proposed development shall be in substantial conformance
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with the approved rooflsite plan and elevations.
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3. That this variance shall expire unless exercised within 24 months of
the date of approval as specified in Section 20.82.090A of the
Newport Beach Municipal Code.
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SUBJECT: Orange County Humane Society
Item 3
UP3567
(A Veterinary Hospital)
2630 Avon Street
Use Permit No. 3567 (Public Hearing)
Approver
APPLICANT Orange County Humane Society Huntington Beach
Request to establish an out - patient animal clinic.
Ms. Temple clarified that the project plan on display shows both a floor plan
of the facility and a site plan of the entire building. The floor plan shows all
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of the active areas of the animal clinic. The numbers in the staff report
regarding the floor area do not include the additional space the clinic intends
to lease for storage, which is located behind the clinic, between the clinic
and the on -site beauty salon. Staff reviewed the required parking for the
building which is nonconforming and concluded that a storage space would
less likely demand more parking than a separate business whether it be
business or service oriented, and did not feel that the findings in regards to
parking would change.
Ms. Temple addressed a letter received from the Orange County Humane
Society which indicated they were not in agreement with Condition No. 12
which requires, one Handicap Parking Space on the property. The
requirement is provided for in the Building Code, and staff conferred with
the Chief Plan Check Engineer of the Building Department. He stated it
was not likely the requirement for the space would be waived, however,
upon further information from the applicant, modification of the
requirement might be possible. Ms. Temple said that if the Planning
Commission wishes to address this concern of the applicant, Condition No.
12 could be revised to read, "That the project shall comply with state
disabled access requirements unless otherwise approved by the Building
Department."
In response to a concern expressed in a letter received from residents
Howard C. and Joanne Martin questioning what was to be done with animal
waste, Ms. Temple said a condition could be considered that would require
"All animal waste be contained either within the building or within a closed
container that would prohibit any odors or insect activity. "
Chairman Ridgeway stated that in his experience the Americans with
Disabilities Act (ADA) was very stringent and questioned a waiver
provision.
Discussion followed regarding the ADA requirement and the fact that this
will be a reoccurring issue with new use permit applications on non-
conforming commercial properties.
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Mr. Edmonston clarified that the City Building Department enforces the
State handicap regulations. The State has not filly accepted the ADA
requirements. The State's interpretation of ADA submitted to the Federal
government was rejected and an acceptable document is still being worked
on. The City is advising private projects of the ADA requirements, but
currently not enforcing its provisions, but those of Title 24 of the California
Code which have been approved by the City Council. Title 24 includes a
handicap requirement based on the dollar value of the property
improvements. There is a specific waiver and modification of requirements
available to developers.
Commissioner Thomson stated he had been on -site and counted only 8
parking spaces though the plan shows 10 spaces. He asked if parking the
animal hospital was comparable to that for a medical office use, and how
many spaces would be required by the beauty salon use. Ms. Temple stated
that historically the Planning Commission had considered animal hospital
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parking similar to that of retail operations. She said that the requirement for
parking was based on the entire building and not the individual uses, i.e., 4
parking spaces for each 1,000 square feet.
Public Hearing was Opened
Mr. Jerry Wynn, 200 McNeil Lane, owner of the property. stated he had
found out about the requirement for one handicap parking space just 3 days
previous to tonight's hearing, and if the requirement can not be waived, the
animal hospital use will not be possible at this location, as it takes two
spaces to create one handicap space. Ms. Temple explained that the
Planning Commission does not have jurisdiction to waive the requirement,
however it can add a condition authorizing the Building Department
Officials to perform their roles under the UBC and Title 24.
Eileen Pinder, 134 Santa Isabel, Costa Mesa, Manager of the Orange
County Humane Society, stated that the animal birth control clinic
anticipates only 3 to 4 clients a day, necessitating about 15 minutes of
parking time when dropping off and picking -up a pet. Ms. Pinder indicated
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that assistance would be available for any disabled person visiting the clinic
with a pet.
Public Hearing was Closed
Discussion ensued between staff and the Commission. Approval of Exhibit
"A." as written, includes Condition No. 12, which requires providing one
handicap parking space, therefore, reducing the overall parking count by
one space. Ms. Clauson stated that this condition could be modified to
read, "One Handicap Parking Space shall be provided unless waived by a
Building Official. "
Motion
*
Motion was made to approved Use Permit No. 3567 in accordance with the
findings and conditions of Exhibit "A," modifying Condition No. 12 to read,
"One Handicap Parking Space shall be provided unless waived by a
Building Official. If a waiver is not granteg a loss of one parking space
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will result in providing for the Handicap Parking Space;" and adding
Condition No. 18, "All animal waste to be contained either within the
building or within a closed container that would prohibit any odors or
insect activity. "
Commissioner Adams indicted his support of the motion, as amended, and
stated there was adequate on- street parking as well as availability of public
lot across the street.
L11 ayes
Motion voted on. MOTION CARRIED.
Findings:
1. That the proposed development is consistent with the General Plan and
the Local Coastal Program Land Use Plan and is compatible with
surrounding land uses.
2. That adequate on -site parking is available for the existing and proposed
uses.
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3. That the proposed development will not have any significant
environmental impact.
4. That the proposed animal clinic will be insulated in such a manner as to
restrict animal noises to the interior of the facility.
5. The approval of Use Permit No. 3567 will not, under the circumstances
of the 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 and further that the
proposed modification related to the proposed signing is consistent with
the legislative intent of Title 20 of this Code.
Conditions:
1. That development shall be in substantial conformance with the approved
site plan and floor plan, except as noted below.
2. That the animal clinic shall be insulated in such a manner as to restrict
animal noises to the interior of the facility.
3. That soundproofing material shall be installed in the proposed cage area
of the facility.
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4. That double -wall construction shall be installed between the animal
clinic and the adjoining tenant space.
5. That air conditioning shall be installed and operable at all times.
Exterior doors and windows shall be kept closed.
6. That no overnight boarding of animals shall be permitted unless an
amendment to this use permit is first obtained.
7. That all signs shall conform to the provisions of Chapter 20.06 of the
Municipal Code.
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S. That all employees shall park on -site.
9. That the hours of operation shall be limited between 8:00 a.m. and 9:00
p.m., daily.
10. That all trash areas shall be screened from adjoining properties and
streets.
11. That all improvements be constructed as required by Ordinance and the
Public Works Department.
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12. One Handicap Parking Space shall be provided unless waived by a
Building Official. If a waiver is not granted, a loss of one parking space
will result from providing for the Handicap Parking Space.
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13. That the on -site parking, vehicular circulation and pedestrian circulation
systems be subject to fin they review by the Traffic Engineer.
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14. That the existing deteriorated drive approach serving the site along the
Avon Street frontage be reconstructed. That the work be completed
under an encroachment permit issued by the Public Works Department.
That the drive approach be reconstructed prior to occupancy unless
otherwise approved by the Public Works Department.
15. That Coastal Commission approval shall be obtained prior to issuance
of any building permits.
16. That the Planning Commission may add to or modify conditions of
approval to this Use Permit or recommend to the City Council the
revocation of this Use Permit, upon a determination that the operation
which is the subject of this Use Permit, causes injury, or is detrimental
to the health, safety, peace, morals, comfort, or general welfare of the
community.
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17. That this Use Permit shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
18. All animal waste to be contained either within the building or within a
closed container that would prohibit any odors or insect activity.
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SUBJECT: Yankee Doodles
Item 4
353 East Coast Highway
UP3563
Use Permit No. 3563 (Public Hearing)
Removed fr
Calendar
APPLICANT: A. B. Cleveland
The demolition of an existing restaurant (former What's Cookin'
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Restaurant) and the construction of a Billiard Parlor with a Sports Bar
with on -sale alcoholic beverage service, and dancing.
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Ms. Temple stated the applicant has requested that this application be
removed from calendar in order to allow the applicant time to address
the issues conveyed in the staff report.
Motion was made and voted on to remove Use Permit No. 3563 from
calendar. MOTION CARRIED.
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SUBJECT: The Ebell Club
Item 5
515 West Balboa Boulevard
GPA95 -1(E)
LCP40
• General Plan Amendment No. 95 -1(E)
(Public Hearing)
• Local Coastal Program Amendment No, 40
A828
(Public Hearing)
• Amendment No. 828 (Public Hearing)
Approved
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APPLICANT: Charles L. Pifer
Rezone Ebell Club for single- family residential use, four existing lots
from R -3 to R -1 and to redesignate the subject property from
"Governmental, Educational and Institutional Facilities" to "Single
Family Residential."
Ms. Temple stated that the proposed amendments are considered minor
amendments to the General Plan and Local Coastal Program for the
property that is currently occupied by the Ebell Club. In the 1988
General Plan Revision, the City designated most institutional uses to a
Land Use Designation of Governmental, Educational, Institutional
Facilities. The primary reason for this action was to possibly help the
assessed valuation if the property owners wished to protest their old
valuation based on highest and best use. The Ebell Club now wishes to
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sell the property for residential development which is similar in nature to
the uses surrounding the property. Based on what the City did in 1988,
an amendment to the underlying zoning from the existing R -3 zone to
the R -1 zone is also being proposed. This action was taken peninsula-
wide in 1988, in all R -3 areas where the size of the lots would allow
only a single family dwelling, in order to eliminate the confusion
associated with zoning that implied multi - family but which, in fact, only
allowed a single family dwelling.
Ms. Temple clarified for Commissioner Adams that since the General
Plan update, many R -3 properties have been redesignated to MFR
(Multi - Family Residential) zoning requiring a minimum of 1200 square
feet of land area for each dwelling. In this particular case, each lot is
less than the 2400 square feet required for two units. Thus combining
the four properties would increase the number of allowed dwelling units
to 7.
Public Hearing was Opened
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Charles Pifer, 460 Holling Street, Laguna Beach, applicant stated his
agreement with the findings and conditions contained in Exhibit "A."
Public Hearing was Closed
Motion was made and voted to adopt Resolution No. 1408, Resolution
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No. 1409 and Resolution No. 1410 recommending approval of General
Plan Amendment 95 -1(E), Local Coastal Program Amendment No. 40
and Amendment 828 to the City Council in accordance with the findings
and conditions contained in Exhibit "A. ". MOTION CARRIED.
Findings and Conditions of Approval.
A. GENERAL PLAN AMENDMENT NO. 95 -la Adopt
Resolution No. 1408 (attached) recommending to the City Council
the adoption of General Plan Amendment No. 95 -1 (E), amending
the Land Use Element of the Newport Beach General Plan so as to
redesignate property located at 515 West Balboa Boulevard from
"Governmental, Educational and Institutional Facilities" to "Single -
Family Residential' use
B. LOCAL COASTAL PROGRAM AMENDMENT NO. 40: Adopt
Resolution No. 1409 (attached) recommending to the City Council
the adoption of Local Coastal Program Amendment No. 25,
amending the Land Use Plan of the Newport Beach Local Coastal
Program so as to redesignate property located at 515 West Balboa
Boulevard from "Governmental, Educational and Institutional
Facilities" to "Single - Family Residential" use
C. AMENDMENT NO. 828: Adopt Resolution No.1410 (attached)
recommending to the City Council the approval of Amendment No.
828, amending a portion of Districting Map No. 10 so as to
reclassify the subject property from the R -3 District to the R -1
District.
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SUBJECT: Hoag Memorial Hospital Presbyterian
item 6
4000 West Coast Highway
Hoag
APPLICANT: Hoag Memorial Hospital Presbyterian
Interpre
Interpretation by the Planning Commission on the provisions of the
Approved
Hoag Hospital Planned Community Text regarding the lineal width of
buildings.
Ms. Clauson explained that although an interpretation is not among the
specific items in the City's Municipal Code that require a public hearing,
this is a request for a determination of the Planned Community text.
Under the Brown Act, and any item that is agendized is required to
allow public continent and public input.
Discussion was Opened
Mr. Pete Foulke, Executive Vice President, Hoag Memorial Hospital
Presbyterian, stated that as part of the approved 1992 Master Plan,
development regulations included performance standards intended to
minimize the building mass and bulk along West Coast Highway, and set
250 linear feet in width as the limit of the expanse of a building. It is the
nterpretation of this limitation that arose with the submission to
Planning staff of the preliminary building design plans for the first two
structures to be built on the lower campus since the Master Plan
approval. The plans that have been submitted do have some features,
set back from the edge of the buildings, that exceed the stated limitation,
but the applicant does not feel that they extend beyond the intent of the
standards.
Commissioner Pomeroy stated that he, as a Commissioner during the
Hoag Master Plan hearing process, was actively involved in attempting
to structure standards that would preserve view corridors, reduce the
mass on West Coast Highway and minimize the height impacts on the
affected residential areas. Because of his prior experience with the
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project, it was suggested to the applicant by Ms. Temple, that
Commissioner Pomeroy be contacted so he could provide his input on
what the 1992 Planning Commission had tried to accomplish. He met
with the applicant to discuss and review the proposed design plans, and
in his opinion, the preliminary plans being reviewed tonight offer
compromises and trade -offs that provide more benefits than negatives.
The parking structure is lower than would otherwise be permitted which
effectively reduces the overall bulk of the building. The ramp to the
semi - subterranean parking area is concealed with grass and a
landscaped berm, further reducing the mass. The structures have been
set back from the highway finther than a strict interpretation of the
requirements, at the first floor level. A portion of the driveway ramp
becomes an extension of the building, but can be shielded with
landscaping and is situated close to the off -ramp onto Coast Highway
from Newport Boulevard.
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The office building includes an atrium and porte cochere with an
enclosed glass lobby. Because this adds to the 250 linear feet of
building width, Planning staffs determination is that this enclosure
should either be removed, or subject to the approval of a site plan
review. Commissioner Pomeroy suggested a redesign of the building,
moving it back 2 to 4 feet, would reduce the mass and offer a
compromise for retaining the atrium.
Public Hearing was Closed
At the request of Commissioner Adams, Commissioner Pomeroy
clarified he would support staff's position regarding the atrium, as
stated in the staff report, as he wouldn't want the City to approve the
extension of the building unless there was an acceptable compromise
offered by the applicant. Commissioner Ridgeway stated he would be
supporting staffs position, adding if the applicant wishes to retain the
porte cochere as shown, they have the option of a site plan review at a
later time.
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Motion was made and voted to approve the interpretation that the
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proposed building designs, as submitted, with the exception of the porte
cochere, meet the intent of the provisions of the Planned Community
District Regulations, and that the text requirement does not include
below grade structures or driveway access features. MOTION
CARRIED.
ADDITIONAL BUSINESS:
Add' 1
Busines
a.) City Council Follow -up - A verbal report by the Assistant City
Manager regarding City Council actions related to Planning - None
b.) Verbal report from Planning Commission's representative to the
Economic Development Committee -None.
Ic.)
Verbal report from Planning Commission's representative to the
Balboa Peninsula Planning Advisory Committee -None
d.) Matters which a Planning Commissioner would like staff to report
on at a subsequent meeting - Staff was requested to draft language
which would allow elevator shafts to exceed the height limits,
subject to the provisions of Section 20.02.060; and to investigate
the provisions of the Americans with Disabilities Act (ADA) as it
pertains to providing parking spaces for the handicapped.
e.) Matters which a Planning Commissioner may wish to place on a
fixture agenda for action and staff report - None.
f.) Verbal report by Assistant City Manager on temporary uses. - Mr.
Delino discussed with the Commission a request for live
entertainment by Dolce Ristorante. The Zoning Code allows the
Planning Director to approve uses up to 90 days upon informing the
Planning Condition, and unless the Commission objected he was
inclined to approve the request with conditions specifying that there
be no more than two musicians or singers or combination thereof,
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no amplification, the noise levels conform with the standards
contained in the Noise Ordinance, and that the temporary use permit
would be subject to termination upon unresolved complaints from
any residential area. The Commission discussed and agreed to the
temporary use.
g.) Requests for excused absences - none.
g.) Discussion of staff report format - none.
ADJOURNME NT 8:55 p.m.
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MICHAEL KRANZLEY, SECRETARY
CITY OF NEWPORT BEACH PLANNING CONSUSSION
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