HomeMy WebLinkAbout10/04/1990REGULAR PLANNING COMMISSION MEETING
COMMISSIONERS PLACE: City Council Chambers MINUTES
TIME: 7:30 P.M.
DATE: October 4, 1990
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Present
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All Commissioners were present. (Commissioner Pers6n arrived at
7:55 p.m.)
EX- OFFICIO OFFICERS PRESENT:
James Hewicker, Planning Director
Robin Flory, Assistant City Attorney
x x x
William R. Laycock, Current Planning Manager
Patricia Temple, Advance Planning Manager
Don Webb, City Engineer
Dee Edwards, Secretary
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x x x
Minutes of September 20. 1990:
Minutes of
9 -20 -90
Motion
Motion was made and voted on to approve the September 20,
Ayes
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1990, Planning Commission Minutes. MOTION CARRIED.
Abstain
Absent
Public Comments:
Public
Comments
No one appeared before the Planning Commission to speak on
non - agenda items.
Posting of the Agenda:
Posting
of the
James Hewicker, Planning Director, stated that the. Planning
Agenda
Commission Agenda was posted on Friday, September 28, 1990, in
front of City Hall.
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Request for Continuances:
Request
for
James Hewicker, Planning Director, stated that the applicant,
Continuance
Eugene A. Cerko, has requested that Item No. 5, an appeal of
Modification No. 3729, regarding property located at 2515 Bamboo
Street, be continued to the October 18, 1990, Planning Commission
meeting.
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.
Motion was made and voted on to continue Modification No. 3729
Ayes
to the October 18, 1990, Planning Commission meeting. MOTION
No
CARRIED.
Absent
s x x
Resubdivision No. 943 (Public Hearing)
Item No.1
8943
Request to resubdivide an existing lot into a single parcel of land
for a two family residential condominium development on property
located in the R -2 District.
Approves
LOCATION: Lot 10, Block 17, Section B, Newport Beach,
located at 1720 West Ocean Front, on the
northeasterly side of West Ocean Front,
between 17th Street and 18th Street, on the
Balboa Peninsula.
ZONE: R -2
APPLICANTS: Harold and Anne Harriman, Costa Mesa
OWNERS: Same as applicants
ENGINEER: Alpine Consultants, Laguna Hills
The public hearing was opened in connection with this item, and
Mr. Todd Schooler, Architect, appeared before the Planning
Commission on behalf of the applicant. Mr. Schooler concurred
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with the findings and conditions in Exhibit "A ".
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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 No. 943
Ayes
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subject to the findings and conditions in Exhibit "A ". M011ON
Absent
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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 19.08.020 of the Municipal Code and Section
66415 of the Subdivision Map Act.
CONDITIONS:
1. That a parcel map be recorded prior to occupancy, and that
the parcel map 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 unit shall 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 all vehicular access to the property shall be from the
adjacent alley.
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5. That disruption caused by construction work along roadways
and by movement of construction vehicles shall be
minimized by proper use of traffic control equipment and
flagmen. Traffic control and transportation of equipment
and materials shall be conducted in accordance with state
and local requirements.
6. That County Sanitation District fees be paid prior to
issuance of any building permits
7. That overhead utilities serving the site be undergrounded to
the nearest appropriate pole in accordance with Section
19.24.140 of the Municipal Code.
8. That Coastal Commission approval shall be obtained prior
to the recordation of the parcel map.
9. That this resubdivision shall expire if the map has not been
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recorded within 3 years of the date of approval, unless an
extension is granted by the Planning Commission.
Amendment No. 718 (Public Hearing)
Item No.2
Request to amend the Villa Point Apartments Planned Community
A718
Development Standards so as to allow the construction of an
(R1236)
architectural tower within Area 2 of the Planned Community. Said
Approved
amendment will establish a maximum allowable footprint for the
tower of 14 feet by 14 feet (196 sq.ft.) and a maximum allowable
height of 45 feet. The proposed amendment will also establish a
minimum setback of 500 feet from Jamboree Road, 200 feet from
East Coast Highway and 40 feet from Back Bay Drive for the
architectural tower.
LOCATION: Portions of Blocks 94 and 55, Irvine's
Subdivision and Parcel 1 of Parcel Map 12 -21
(Resubdivision No. 242), located at 1100 East
Coast Highway, on the northeasterly corner of
East Coast Highway and Jamboree Road, in
the Villa Point Apartments Planned
Community.
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ZONE: P -C
APPLICANT: Regis Contractors, Inc., Newport Beach
OWNER: The Irvine Company, Newport Beach
James Hewicker, Planning Director, stated. that the revised copy of
the Resolution submitted to the Planning. Commission includes a
finding that the project is not located within the boundaries of the
Newport Center Sight Plane.
The public hearing was opened in connection with this item, and
Mr. David McMahan, appeared before the Planning Commission
on behalf of the applicant. Mr. McMahan stated that the tower
would link Phase 1 and Phase 2 of the Villa Point Apartments; that
it is proposed to be 13 feet higher than the maximum ridge heights
of the apartment building so as to add a focal point to the
development; that it would enhance the project architecturally; that
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it would be located in the project's interior so as not to be viewed
from the back bay area or from East Coast Highway; and the
Mediterranean architecture will blend in with the entire project and
the surrounding area. Mr. McMahan stated that several residents
of Sea Island approved the proposal after they reviewed the
proposed plans. He addressed the letter from Villageway
Management to the City dated October 3, 1990, on behalf of the
Island Lagoon Homeowners Association whereby, he explained that
the residents expressed concerns without reviewing the proposed
plans.
In response to questions posed by Commissioner Edwards, Mr.
McMahan replied that the bell tower is architecturally compatible
with the project, that the tower was necessary to differentiate Phase
1 from Phase 2, that the tower will be primarily visible to the
residents, and there is no intent to draw interest from outside of
the development.
In response to a question posed by Chairman Debay, Mr.
McMahan explained that the tower is proposed to be located in the
recreational area of Phase 2.
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In response to questions posed by Commissioner Glover, Mr.
McMahan described from the plans on display the difference in
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height between the 32 foot high apartment buildings and the 45
foot high tower, and the location of the buildings that would
conceal the tower from East Coast Highway.
Mr. McMahan, Chairman Debay, Commissioner Pers6n, and Mr.
Hewicker discussed the proximity of the Island Lagoon residents to
the project, and the feasibility of the tower obstructing their view.
In response to a question posed by Commissioner Pomeroy
regarding a view obstruction from Spyglass Hill or Harbor View
Hills, Mr. McMahan explained that the tower is not proposed to be
so high that it would block any views outside of the subject area.
Mr. Hewicker addressed the term "bell tower ", and he questioned
if the applicants intend to install a noise generating unit in the
tower. Mr. McMahan explained that 'bell tower" is a descriptive
term with no intention of installing bells or other types of noise
making devices.
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Mr. Barry Allen, 1021 White Sails Way, Corona del Mar, appeared
before the Planning Commission, , and he addressed the
Resolution's finding that the tower is not located within the
boundaries of the Newport Center Sight Plane.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
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Motion was made to adopt revised Resolution No. 1236,
recommending to the City Council the approval of Amendment No.
718, amending the Villa Point Apartments Planned Community
Development Plan.
Following a discussion between Commissioner Edwards and Mr.
Hewicker, it was suggested that the record reflect that the intent of
the applicant is not to install bells or other types of noise making
devices in the bell tower, and that said wording will be added to
the Villa Point Apartments Planned Community text. The maker
of the motion agreed to add the foregoing suggestion to the
motion.
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Motion was voted on to approve the foregoing motion as amended.
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MOTION CARRIED.
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Use Permit No. 3394 (Public HearinE)
Item No.3
Request to permit the establishment of a take -out pizza restaurant
UP3394
with incidental seating and on -sale beer and wine on property
Approved
located in the C -N -H District. The proposal also includes a request
to waive a portion of the required off- street parking spaces.
LOCATION: Lots 5 and 6 and a portion of Lot 7, Tract
No. 4225, located at 1741 Westcliff Drive, on
the southwesterly side of Westcliff Drive,
between Irvine Avenue and Dover Drive, in
the Westcliff area.
ZONE: C -N -H
APPLICANT: Atlantic - Pacific Pizza Bakery, Inc., Costa Mesa
OWNER: Westcliff Center Associates, Newport Beach
Chairman Debay questioned if the waived parking would create
problem for future tenants. James Hewicker, Planning Director,
explained that the parking requirements for the building are based
upon the total square footage in the building.
The public hearing was opened in connection with this item, and
Mr. John Craft and Mark Frazier, applicants, appeared before the
Planning Commission wherein they concurred with the findings and
conditions in Exhibit "A".
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
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Motion was made and voted on to approve Use Permit No. 3394
All Ayes
subject to the findings and conditions in Exhibit "A'. MOTION
CARRIED.
FINDINGS:
1. That the proposed development is consistent with the Land
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Use Element of the General Plan and is compatible with
the surrounding land uses.
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2. That the project will not have any significant environmental
impact.
3. That adequate parking is available on -site to accommodate
the proposed facility.
4. That the waiver of the development standards as they
pertain to walls, parking lot illumination, landscaping, and
a portion of the required parking will not be detrimental to,
adjoining properties.
5. The Police Department has no objections with the proposed
development.
6. That the approval of Use Permit No. 3394 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
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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.
2. That the development standards pertaining to traffic
circulation, walls, landscaping, parking lot illumination, and
that a portion of the required additional parking spaces (21
spaces) shall be waived.
3. That the seating and dining area shall be incidental to the
take -out restaurant and any introduction of table service will
require amending the use permit. A maximum of 38 seats
shall be permitted.
4. That the hours of operation shall be limited between the
hours of 11:00 a.m. and 11:00 p.m. daily, and that any
increase in hours shall be subject to the approval of an
amendment to Use Permit No. 3394.
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5. That trash receptacles for patrons shall be located in
convenient locations inside and outside the building.
6. That grease interceptors shall be installed on all fixtures in
the take -out restaurant where grease may be introduced into
the drainage systems in accordance with the Uniform
Plumbing Code, unless otherwise approved by the Building
Department and the Public Works. Department.
7. That kitchen exhaust shall be designed to control
.fans
smoke and odor to the satisfaction of the Building
Department.
8. That all signs shall conform to the provisions of Chapters
20.06 of the Municipal Code.
9. That all mechanical equipment and trash areas shall be
screened from Westcliff Drive and Sherington Drive and
adjoining properties.
10. 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.
11. That the employees shall park their vehicles on -site at all
times.
12. That the Planning Commission may add to or modify
conditions of approval to this use permit, or recommend to
the City Council the revocation of this use permit upon a
determination that the operation which is the subject of this
amendment causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the
community.
13. That this use permit shall expire unless exercised within 24
months from the date of approval as specified in Section
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20.80.090 A of the Newport Beach Municipal Code.
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Use Permit No. 1908 (Amended)(Public Hearing)
item No.4
Request to review the Planning Commission's June 7, 1990
UP1908 (A)
approval of Use Permit No. 1908 (Amended) which permitted a
change in the operational characteristics of the existing Carmelo's
Approved
Restaurant so as to permit nighttime dancing in conjunction with
a live entertainment dance combo whereas the previous live
entertainment was limited to classical or semi - classical music. The
approval also included a request to change the permitted closing.
hours of the restaurant facility from 11:00 p.m., Sunday through
Thursday and 12:00 midnight, Friday and Saturday, to 12:30 a.m.,
Sunday through Thursday and 1:30 a.m., Friday and Saturday. The
approval also included 4 additional seats on the outdoor patio (28
seats total) and the provision of 4 additional parking spaces in an
existing off -site parking area, across the alley from the restaurant,
by using tandem spaces.
LOCATION: Parcel No. 1 of Parcel Map No. 158 -41
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(Resubdivision No. 645) located at 3520 East
Coast Highway, on the northerly side of East
Coast Highway, between Narcissus Avenue
and Orchid Avenue, (restaurant site); and
Lots 1, 3 and a portion of Lot 5, Block 441,
Corona del Mar, located on the northwesterly
side of Orchid Avenue, between East Coast
Highway and Second Avenue, in Corona del
Mar (off -site parking lot).
ZONE: C -1
APPLICANT: Carmelo Manto, Newport Beach
OWNER: First Interstate Bank, Newport Beach
William Laycock, Current Planning Manager, addressed the letter
from Acoustical Impacts International, dated September 12, 1990,
that was attached to the staff report wherein he stated that the
measurements of the noise from the live entertainment were
performed on September 8, 1990, at 11:00 p.m, and not August 14,
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1990, as reported in the letter.
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In response to questions posed by Chairman Debay and
Commissioner Edwards, Mr. Laycock replied that public notices
were mailed to all property owners within 300 feet of the restaurant
site, and so the Planning Commission has the authority to revise
the original conditions of approval if it is their desire to do so. He
indicated that staff did not receive complaints concerning the
restaurant since the Planning Commission meeting of June 7, 1990,
and the Police Department stated that no complaints had been
reported to their department.
James Hewicker, Planning Director, addressed the complaint in the
staff report that was reported by a staff member indicating that the
front entry door was allowed to remain open for an extended
period of time during the live entertainment which was in violation
of Condition of Approval No. 10.
The public hearing was opened in connection with this item, and
Mr. Jerry King, J. A. King and Associates, appeared before the
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Planning Commission on behalf of the applicant. Mr. King
indicated that the adjacent neighbors were contacted when
acoustical adjustments were being made at the restaurant and
subsequently, the restaurant has not received any noise complaints.
Mr. King concurred that the main entrance door to the restaurant
was left open during the summer months up to 11:00 p.m.;
however, he stated that the double French doors are securely
locked and sound proof glass has been installed adjacent to the
band. Mr. King explained that the main entrance doors remain
open during the warm summer months to allow the waiters to serve
food and drinks to the patrons sitting on the patio. He said the only
other alternative to service the patio would be to modify the front
end of the restaurant and to create a different type of access.
In response to a question posed by Chairman Debay, Mr. King
replied that the main entrance doors stay open during the early
evening to accommodate the patron and waiter traffic; however, the
doors are closed at 11:00 p.m.
Mr. King explained that the results of the noise test demonstrated
that the open double doors behind the band that are now securely
locked were the problem, and not the main entrance doors. Mr.
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King requested that the Planning Commission modify Condition
No. 10 so as to allow the main entrance doors to remain open
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during the summer months. Mr. King stated that with the
exception of Condition No. 10, the applicant has complied with all
of the conditions approved by the Planning Commission on June 7,
1990.
In response to a question posed by Commissioner Di Sano, Mr.
King replied that the applicant has made every attempt to
personally contact residents that previously expressed concerns
regarding the noise emitting from the restaurant.
In response to questions posed by Commissioner Edwards, Mr.
King replied that the applicant has requested that Condition No.
10 be modified to delete the main entrance door from being closed
when live entertainment is in progress. He further replied that he
did not have the decibel ratings that were measured by Acoustical
Impacts International available at the meeting. Commissioner
Pomeroy referred to the staff report which states that the acoustical
study indicated "the level of such noise cannot be measured
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inasmuch as it is equal to or lower than the surrounding traffic
noise."
In response to a question posed by Commissioner Pers6n, Mr.
Hewicker replied that the Planning Commission has the option to
modify Condition No. 10 if desired. Commissioner Di Sano and
Commissioner Pers6n discussed the feasibility of modifying the
condition to permit the main entrance doors to remain open during
the hours of live entertainment. Commissioner Pomeroy suggested
that the condition be amended to state "that the main entrance
door facing East Coast Highway may remain open from June 1 to
October 15 to facilitate summer patio use." Chairman Debay
commented that the neighborhood has not complained about noise
emitting from the restaurant, and the Planning Commission has the
option to bring back the use permit if there are future complaints.
Chairman Debay concurred with the suggestion to modify the
condition. Mr. Hewicker suggested that the Planning Commission
reconsider requesting specific dates to allow the main entrance
doors to remain open inasmuch as there are warm evenings
throughout the year. Commissioner Pomeroy concurred with Mr.
Hewicker's suggestion.
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In response to a question posed by Chairman Debay, Mr. Hewicker
replied that the Planning Commission may call back the use permit
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if there are future noise complaints and Condition No. 10 were
amended.
Mr. King stated that the applicant has given the adjacent neighbors
the applicant's personal office telephone number if they have any
complaints. In response to questions posed by Chairman Debay,
Mr. King replied that appetizers and drinks are primarily served to
patrons who are sitting and talking on the patio.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
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Motion was made and voted on to approve Use Permit No. 1908
(Amended) subject to the findings and conditions in Exhibit 'Was
All Ayes
approved on June 7, 1990, with the modification to Condition No.
10 that "..and all doors and windows of the restaurant and lounge
shall remain closed during such activity except for the main
entrance door facing East Coast Highway in Corona del Mar."
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MOTION CARRIED.
Condition No. 10: That live entertainment in the restaurant shall
be limited to a four piece combo and that all
music and live entertainment shall be
confined to the interior of the building and all
doors and windows of the restaurant and
lounge shall remain closed during such
activity, except for the main entrance door
facing East Coast Highway.
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Modification No 3729 (Continued Public Hearing)
Item No..5
Request to consider an appeal of the Modification Committee's
M3729
approval of the subject application which included a request to
construct a wall and wrought iron fence that would encroach 10
cont. to
to -la -90
feet into the required 10 of front yard setback along Bamboo
Street. Said fence would range from a height of 6 feet 11± inches
to 7 feet 5± inches, where the Zoning Code allows a maximum of
3 feet in height for any construction in the required 10 foot front
yard setback. The Modification Committee's approval limited the
height of the wall and wrought iron fence to 6 feet in height
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measured from natural grade and required that it maintain a 5 foot
front yard setback adjacent to Bamboo Street.
LOCATION: Lot 58, Tract No. 4893, located at 2515
Bamboo Street, on the northwesterly side of
Bamboo Street, between Biwa Street and
Bison Avenue, in Eastbluff.
ZONE: R -1 -13
APPLICANT: Eugene A. Cerko, Newport Beach
OWNER: Same as applicant
APPELLANT: Same as applicant
James Hewicker, Planning Director, stated that the applicant has
requested that this item be continued to the Planning Commission
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meeting of October 18, 1990, so that adjoining property owners and
other interested parties may attend the meeting.
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Motion was made and voted on to continue Modification No. 3729
Ayes
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to the October 18, 1990, Planning Commission meeting. MOTION
No
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CARRIED.
Absent
s r a
Discussion Items:
Discussion
Items
General Plan Amendment No. 90 -3
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Request to initiate amendments to the Land Use and Recreation
and Open Space Elements of the Newport Beach General Plan as
GPA 90 -3
follows:
Approved
A. Request of Larkin, Inc., doing business as Kenlar Hotels, to
amend the Land Use Element to eliminate the additional
119 hotel rooms shown for the Sheraton Hotel site and
change the entitlement to retail commercial allowing
approximately 41,750 sq.ft. The actual retail amount will be
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determined by the amount of excess land available after
reviewing the existing hotel's parking requirements, at a
floor area ratio of 0.35.
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Motion was made and voted on to recommend to the City Council
All Ayes
that the proposed Amendment be initiated and staff be directed to
proceed with the preparation of any necessary environmental
documents and set for public hearing before the Planning
Commission. MOTION CARRIED.
B. Proposal of the City of Newport Beach to review the
Recreational and Environmental Open Space and
Governmental, Educational and Institutional facilities land
use categories, and the application of these categories to
property in the City. The purpose of this review is to
standardize the way these two land use classifications are
applied.
Patricia Temple, Advance Planning Manager, stated that Items B
and C also involve amendments to the Local Coastal Program Land
Use Plan.
*
Motion was made and voted on to recommend to the City Council
All Ayes
that the proposed Amendment be initiated and staff be directed to
proceed with the preparation of any necessary environmental
documents and set for public hearing before the Planning
Commission. MOTION CARRIED.
C. Request of Marvin P. Gussman in behalf of Lido Manna
Village to amend the Land Use Element of the Newport
Beach General Plan to change the land use designation of
the City National Bank property from Retail and Service
Commercial to Multi - Family Residential. This request will
allow conversion of the existing building to a residential
condominium project. The proposal also includes a request
to change the floor area limit for the balance of Lido
Marina Village from the established FAR of 0.5/0.75 to a
specific square footage which reflects the existing floor area
in order to allow for renovation and reconfiguration of the
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existing commercial development. This request would
remove the property from the provisions of the flexible FAR
limitations, include the building bulk limits which include
above grade covered parking.
Motion was made and voted on to recommend to the City Council
that the proposed Amendment be initiated and staff be directed to
proceed with the preparation of any necessary environmental
documents and set for public hearing before the Planning
All Ayes
Commission. MOTION CARRIED.
Amendment No. 717
Request to initiate an amendment to Title 20 of the Municipal
#2
Code establishing a policy regarding height limits in flood hazard
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areas.
A717
set for
Don Webb City Engineer, discussed the proposed changes to the
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definition of building height relative to some existing City
Hearing
regulations. In the Cannery Village area, the minimum finished
11 -18 -90
floor elevation, and the point from which to measure height, was
established at 6.27 feet MSL, or three inches higher than the 6 feet
MSL established for most areas by the Federal Flood Plane Maps.
The 6.27 feet MSL was suggested by the Public Works Department
because that is the required height for bulkhead coping in order
address extreme high tides and storm driven surf conditions as well
as flood hazards. Staff expects to establish a minimum floor
elevation of 6.27 feet MSL City wide. He therefore recommended
that 6.27 MSL be considered the measuring point instead of 6.0
MSL for those areas so designated on the Federal Flood Zone
Maps.
Chairman Debay referred to a project on Balboa Island whereby
• property owner had elevated the floor of a structure, constructed
• patio that was equal to the elevation of the floor, and a fence
around the patio was built higher than the City allowed. She
questioned how a similar situation would be addressed in the
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future. James Hewicker, Planning Director, explained that the
language in the Cannery Village /McFadden Square area only
mandates that the habitable living area be revised. Mr. Webb
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explained that to avoid a similar Balboa Island scenario, the
interpretation of the height of construction in the front yard
setback areas should be included in the proposed amendment.
In response to questions posed by Commissioner Pomeroy, Mr.
Webb suggested that the areas listed under Table 1, be adjusted
from 6.0 MSL to 6.27 MSL.
Motion was made and voted on to initiate Amendment No. 717,
All Ayes
and set for public hearing at the Planning Commission meeting of
November 8, 1990. MOTION CARRIED.
ADJOURNMENT: 8:30 p.m.
Adjournment
THOMAS EDWARDS, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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