HomeMy WebLinkAbout11/19/1981COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES
Place: City Council Chambers
Time: 7:30 p.m.
H :E � Date: November 19, 1981
City of Newport Beach
CALL 11 NDEX
P on
Ayes
Motion
All Ayes
X
M
*IXI *IX
x
Commissioner Balalis was present at 8:00 p.m.
Commissioner King was absent.
x * x
EX- OFFICIO MEMBERS PRESENT:.
James D. Hewicker, Planning Director
Robert Burnham, Acting City Attorney
x � x
STAFF MEMBERS PRESENT:
William R. Laycock, Current Planning Administrator
Robert Lenard, Advance Planning Administrator
Craig Bluell, Senior Planner
Donald Webb, City Engineer
Pamela Woods, Secretary
x x x
Motion was made for an excused absence for Commissioner
King, which MOTION CARRIED.-
x x x
Staff advised that the applicants for Agenda Item Nos.
7 and 18; Resubdivision No. 707 and Use Permit No.
2049, have requested that these items be continued to
the Planning Commission Meeting of December 10, 1981.
Motion was made to continue Resubdivision No. 707 and
Use Permit No. 2049 to the Planning Commission Meeting
of December.10, 1981, which MOTION CARRIED.
x • x
Request to permit the construction of a four unit
residential condominium project and related garage
spaces in the R -4 District. A modification to the
Zoning Code is also requested inasmuch as the proposed
development encroaches: a) 10 feet into the required 20
foot front yard setback on West Bay Avenue; b) 3 feet
into the required 10 foot front yard setback along 19th
Street; c) 1 foot into the required 3.5 foot side yard
setback along Vilelle Place.
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Item #1
USE PERMIT
N0. 2008
1
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P
Motion
Ayes
Noes
Absent
X
is
F
Request to create one parcel of land for residential
I., imp
condominium
development where two lots now exist.
Item #2
LOCATION:
Parcel 1 of Parcel Map 130 -20 -21 (Resub-
division No. 590) and a portion of Lot 1
of Block B, Newport Beach Tract located
RESUB:
at 1824 Vilelle Place and 1821 West Bay
DIVISION.
Avenue on the northwesterly side of 19th
NO. '692
Street and Vilelle Place on the Balboa
Peninsula.
ZONE:
R -4
-BOTH - -.
AMVED
APPLICANTS:
Sweeney, Smith, Rossi, Eadington, _ - ---
CONDI- '-
Newport Beach
TIONALLY
OWNER:
-Same as applicants
-.
Agenda Item Nos. 1 and 2 were heard concurrently due to
their relationship.
The public hearing opened in connection with these
items and.Mr. Eadington, the applicant, referred to his
letter to the Planning. Commission dated November 13,
1981, and requested approval of the revised project.
Be stated that the overall size of the project has been
significantly reduced.
Commissioner Beek stated that he would be voting
against the project, in that the third floor at the
south end of the building had not been reduced
sufficiently.
Motion was made to approve Use Permit No. 2008, subject
to the following findings and conditions, including an
additional condition No. 5 as follows: That the
proposed development shall comply with all required
setbacks except those yard encroachments which were
originally requested and advertised; which MOTION
CARRIED:
FINDINGS:
1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
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•
•
2. The project complies with all applicable
standards, plans and zoning requirements for new
buildings applicable to the district in which the
proposed project is located at the time of approval'.
3. The project lot size conforms to the Zoning Code
area requirements in effect at the time of
approval.
4. The project is consistent with the adopted goals
and policies of the General Plan.
5. That adequate on -site parking spaces are available I
for the proposed residential condominium
development.
6. The proposed setbacks along West Bay Avenue, 19th
Street and Vilelle Place are comparable to
existing setbacks of other properties in the area
and the approval of the requested encroachments
will not, under the circumstances of this
particular case, be detrimental to the health,
safety, peace, comfort, and general welfare of
persons residing or working in the neighborhood of
such proposed use or be detrimental or injurious
to property and improvements in the neighborhood
or the general welfare of the City and further
that the proposed modification is consistent with
the legislative intent of Title 20 of this Code.
7. The approval of Use Permit No. 2008 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.
nnnmrmrnMC.
1. That development shall be in substantial
conformance with the approved revised plot plan,
floor plans and elevations.
2. That two garage spaces shall be provided for each
dwelling unit.
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Motion X
Ayes X
Noes X X
Absent * *
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3. That the front of all required parking spaces
shall be at least four feet, clear height, in the
front four feet of said spaces.
4. That all Conditions of Resubdivision No. 692 shall
be fulfilled.
5. That the proposed development shall comply with
all required setbacks except those yard
encroachments which were originally requested and
advertised.
Motion was made to approve Resubdivision No. 692,
subject to the following findings and conditions, which
MOTION CARRIED: -
FINDINGS: - -
1. That the map meets the requirements of Title 19 of
the Newport Municipal Code, all ordinances of the
City, all applicable general or specific plans and
the Planning Commission is satisfied with the plan
of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
CONDITIONS:
1. That a parcel map be filed.
2. That all improvements be completed as required by
Ordinance and the Public Works Department.
3. That all vehicular access to the parcel be from
Vilelle Place.
4. That each 'dwelling unit be provided with
individual sewer laterals and water services
unless otherwise approvgd by the Public Works
Department.
5. That the existing unused drive depression on West
Bay Avenue be removed and replaced with 'P.C.C.
curb.
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6. That a 5 foot wide P.C.C. sidewalk be constructed
along the West Bay Avenue frontage.
7. That a. standard subdivision agreement and
accompanying surety be provided in order to
guarantee the satisfactory completion of public
improvements, if it is desired to record the,
parcel map or obtain a building permit prior to
completion of the public improvements.
x * �
Request to permit the construction of a two -unit
residential condominium development and related garage
spaces in the R -4 District. The proposal also requests
the approval of two architectural spires that exceed
the permitted height limit.
U: NW
Request to create one parcel of land for residential
condominium development where one lot presently exists.
• LOCATION: - Lot 8, Block 17, Section B, Newport
Beach Tract, located at 1716 West Ocean
Front, on the northerly side of West
Ocean Front, between -17th Street and
18th Street, on the Balboa Peninsula.
ZONE: R -4
APPLICANT: Laguna Pacific, Lake Forest
OWNER: Same as applicant
ENGINEER: Raab Engineering Inc., Westminster
Agenda Item Nos. 3 and 4 were heard concurrently due to
their relationship.
The public hearing opened in connection with these
items and Mr. Sam Rowe, representing the applicant,
appeared before the Commission. Mr. Rowe stated that
the findings for denial of the current staff report,
contradict the staff report dated November, 5, 1981,
which recommends approval. He asked the Commission to
explain to him the facts which support denial of these
• items.
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Item #3
USE PERMIT
NO-2039
AND
Item #4
RESUB-
DIVISION.
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BOTH
APPR-OVED
CONDI-
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Planning Director Hewicker discussed the background .
information on these items. He stated that the
proposed findings for denial are based upon the
Planning Commission's anticipation of rezoning the area
to reduce the total allowable development on lots in
this district.
In response to a question posed by Commissioner Allen,
Mr. Bob Burnham, Acting City Attorney, stated that the
proposed findings for denial can be revised by the
Commission. He stated that the Commission can take
action on the project based _upon the appropriate
findings contained in the staff report and based upon
the facts received at the public hearing.
Commissioner Beek submitted a draft set of findings for
denial to the staff and requested that the Acting City
Attorney comment on same.
Commissioner Allen asked for clarification on the
project as it is currently proposed and its size.
•
Planning Director Hewicker stated that the total
required open space option would reduce the project
size by approximately 45 square feet. He stated that
this project does not meet the total open space option
requirement as proposed.
Mr. Rowe stated that they have agreed to provide an
additional 269 cubic feet of open space as requested.
He stated that the property is zoned R -4 and should not
be judged by an anticipated rezoning to the area.
Commissioner Allen asked for the buildable area of the
project. Mr. Rowe stated that the project is 2.03 X
the Buildable Area, excluding parking spaces as
permitted in the R -4 District.
Commissioner Allen asked Mr. Rowe if they have
discussed this proposal with the neighbors. Mr. Rowe
stated that this proposal has been discussed with the .
neighbors and stated that they would not be obstructing
their views.
Mr. Burnham discussed Commissioner Beek's proposed
findings for denial. He stated that findings for
denial must be supported by facts, either contained.in
• the staff report or received by the public testimony.
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Commissioner Beek stated that it is evident that the
Commission has not clearly articulated their views for
the findings of denial. He suggested that these items'
he continued, until appropriate findings of denial can
be presented.
Commissioner Balalis was present at 8:00 p.m.
Commissioner Balalis apologized for being late and
stated that he has reviewed the tape of the last
meeting and has reviewed the current staff report.
Commissioner Allen asked if the 2.03 X Buildable Area
contains the correct amount of open space for the
project. Planning Director Hewicker stated that
project as designed, would lose approximately 45 square
feet of floor area to meet the open space option.
Therefore, he stated that this would result in a floor
area ratio of 2.01 X Buildable Area, not including the
•
garages. Including the garages as proposed, would
result in a floor area ratio of 2.31 X Buildable Area.
He further stated that adding only three of the four
garage spaces, would result in a floor area ratio of
2.4 X Buildable Area.
Mr. Saul Pinto, attorney representing the applicant,
stated that a floor area ratio of 2 X Buildable Area,
exclusive of the garage, would be acceptable. He
stated that the purpose of the extra garage space was
an attempt to alleviate any future parking problems in
the area. He stated that they can easily meet the
reduction in size for the open space requirement.
Commissioner Balalis stated that this project is
located in an area in which buildings have
predominately complied with the R -2 zone. He stated
that the R -2 zone indicates that up to 2 X Buildable
Area, including garages, be allowed. He stated that
1.5 garage spaces per unit are required by Code and the ,
applicant should not be penalized for providing
additional parking spaces.
MOtion X Motion was made for approval of Use Permit No. 2039,
subject to the findings and conditions of approval in
• Exhibit "A ", including the condition that the maximum
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floor area ratio be 2 X Buildable Area, including three
garage spaces and including the open space requirement
of an additional 269 cubic feet.
Amendment
X
Commissioner Allen suggested an additional finding
that only a two unit condominium is proposed on the
property. Commissioner Balalis stated that the
applicant could build a three unit apartment complex
Acceptance
without the use of a discretionary permit under the
current regulations. He stated that he would accept
this as an amendment to his motion.
Mr. Pinto stated that the R -4 regulations allow for 3 X
Buildable Area, excluding the garages. Staff
concurred. Mr. Pinto stated that they are only
proposing 2 X Buildable Area, exclusive of the garages
for this project.
Commissioner Balalis stated that the motion reflects
the standards and the area in which the project is
located. He stated that the density requirement of 2 X
•
Buildable Area is consistent with the R -2 District, but
will also give the project the height and bulk
permitted in the R -4 District.
Mr. Pinto stated that the property in question is
currently zoned R -4. He stated that a future rezoning
in the area is not a sufficient justification for a
denial of the project. He stated that the Ordinance
Under which the Commission operates, does not authorize
the Commission to impose substantially different
standards, than those standards as set forth in the
Ordinance itself. He stated that the project lot size
is in complete compliance with the Zoning Code which is
currently in affect.
Mr. Pinto stated that they are more than willing to
reduce their project to 2 X Buildable Area, exclusive
of the garages. He stated 2 X Buildable Area,
including the garages, would substantially reduce the
size of the units and impair the integrity of the
facility.
Substitute
Substitute motion was made for approval of Use Permit
Motion
x
No. 2039, with the condition that the floor area ratio
be 2 X Buildable Area, exclusive of the garages.
Commissioner Beek expressed his concern that the action
of the Commission be supported by adequate findings.
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Ayes
Noes
Abstain
Absent
•
Ayes
Noes
Absent
E
Commissioner Thomas stated that the buildings adjacent
to this property contain floor area ratios of 1.5 and
1.6 X Buildable Area. He stated that an appropriate
finding is that the bulk, height and mass of the
proposed project, is out of character with the
neighborhood and community standards and that approval
of the use permit would jeopardize the public
standards.
Mr. Rowe discussed the proposed elevations of the
project and also explained the elevation and size of
the current buildings on the site.
X Substitute motion by Chairman McLaughlin for approval
X X of Use Permit No. 2039 at 2 X Buildable Area, exclusive
X of garages, was now voted on, which SUBSTITUTE MOTION
* FAILED.
Commissioner Beek stated that the original motion for
approval by Commissioner Balalis will have to be
supported by appropriate findings. Mr. Burnham stated
that staff can modify the existing findings and
conditions for approval, to reflect the additional
conditions that the Commission has imposed on the
project.
Mr. Pinto asked the Commission if an alternate solution
can be considered for this project. He suggested that
perhaps a 1.9 or 1.85 X Buildable Area, exclusive of
garages, be considered.
Commissioner Balalis stated that his motion for 2 X
Buildable Area, including three garage spaces, does not
modify the height or bulk of the project. He stated
that this will provide for the best square footage
density.
Commissioner Beek reiterrated that adequate findings,
must support the Commission's action.
X X X X Amended motion by Commissioner Balalis for approval of
X X Use Permit No. 2039, subject to the following findings
* and conditions, at 2 X Buildable Area, including three
garage spaces and the .open space requirement of an
additional 269 cubic feet, with the additional finding
which would allow for only 2 condominium units, was now
voted on, which AMENDED MOTION CARRIED:
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WMI551VNtK5 November 19, 1981 MINUTES
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1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
2. The project will comply with all applicable
standard plans and zoning requirements for new
buildings applicable to the district in which the
proposed project is located at the time of
approval.
3. The project lot size conforms to the Zoning Code
requirements in effect at the time of approval.
4. The project is consistent with the adopted goals
and policies of the General Plan.
S. That adequate on -site parking spaces are available
for the proposed residential condominium
development.
• 6. That the proposed spires on the roof will not
obstruct views from adjoining properties or public
areas.
7. That a two unit residential condominium project is
proposed where three dwelling units are permitted
by Code on the property.
8. The establishment, maintenance or operation of the
use of building applied for will not, under the
circumstances of the particular case, be
detrimental to the health, safety, peace, comfort
and general welfare of persons residing or working
in the neighborhood of such proposed use or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City.
CONDITIONS: -
1. That development shall be in substantial
conformance with the approved plot plan, floor .
plans, and elevations, except as noted below.
• 2. That two garage spaces shall be provided for each
dwelling unit.
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3. That all conditions of approval of Resubdivision
No. 710 be fulfilled.
4. That an additional 269 cu.ft. of open space be
provided.
5. That development shall not exceed 2 X the Buildable
Area, including three garage spaces, on the
property.
Motion X Motion was made for approval of Resubdivision No. 710
All Ayes X X X'* -X X X subject to the following findings and conditions, which
MOTION CARRIED•
FINDINGS: -
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances of
• the City, all applicable general or specific plans
and the Planning Commission is satisfied with the
plan of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
CONDITIONS:
1. That a parcel map be filed.
2. That all improvements be constructed as required by
ordinance and the Public Works Department.
3. That each unit be served with individual water
services and sewer laterals unless otherwise
approved by the Public Works Department.
Motion X Motion was made to direct staff to bring back to the
Ayes X X Commission, the appropriate findings which will support
Noes X X X X the Commission's action, which MOTION FAILED.
Absent
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Request to consider an amendment to Title 20 of the I Item #5
Newport Beach Municipal Code so as to establish a
Mobile Home Park District.
INITIATED BY: The City of Newport Beach
Commissioner Beek asked for clarification of the
definitions for manufactured homes and. factory -built
housing. Mr. Craig Bluell, Senior Planner, stated that
the definitions have been taken directly from State
law. He stated that the definition of manufactured
home is housing designed for the type of uses found in
existing mobile home parks, as opposed to a pre-
fabricated unit which is built in a factory, hauled to
a site and assembled on the site. He stated that the'
proposed Ordinance was designed to apply to existing
mobile home parks.
I I I I I I I I The public hearing opened in connection with this item
and Mr. Arthur Sullivan, President of the De Anza
Bayside Village Mobile Homeowner's Association,
• appeared before the Commission and stated that they are
in favor of the proposed Ordinance. He stated that Mr.
Eugene Wheeler, planning consultant and owner of a lot
in* De Anza Bayside Village, has a suggested change to
Section 20.20.050 of the proposed Ordinance.
Mr. Eugene Wheeler referred to Section '20.20.050,
Paragraph (c), second sentence, and suggested that the
following language be added: "This phase -out plan
shall include a time schedule and method by which
existing mobile 'homes, cabanas, ramadas and or
appurtenances and tenants shall 'be relocated." He
stated that a ramada is a roof which is put over the
mobile home to give it the appearance of a house. He
stated that in some parks, there is more than tenants
which must be relocated. He stated that mobile homes
are a legitimate housing use and should be included'in
the Zoning Ordinance.
Chairman McLaughlin referred to the phase -out plan and
asked if this takes into consideration the length of
time a tenant had been in the park, or the length' of
time the mobile home had been in the park. Planning
Director Hewicker stated that this would not be
necessary to include in the Ordinance.
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MOBILE
HOME PARK
Z N� E
AMENDMENT
NO. 567
APPROVED
I 1
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�MIS5IVNHL> November 19, 1981 MINUTES
City of Newport Beach
Mr. Earl Lane, Director of the Golden State Mobile
Homeowner's League, appeared before the Commission and
requested approval of the proposed Ordinance. He
referred to the Mello Bill and stated that it is very
important to adopt this Mobile Home Park District.
Mr. Edwin Pallo, resident of De Anza Bayside Village,
stated that a ramada is a very important part of the
mobile home. He stated that a ramada is the roof which
encloses the mobile home.
Mr. Tom Peckenpaugh, attorney representing the
operators of the De Anza Bayside Village, appeared.
before the Commission. Mr. Peckenpaugh stated that
there is currently a contractural dispute between the .
operators of the park and the tenants. He stated that
the tenants of the mobile home park have urged the City
to adopt this Ordinance. He stated that he' will be
meeting with the tenants attorney, to discuss and
attempt to resolve the past differences. He stated
that the proposed mobile home ordinance of the City is
not needed and will not solve the contractural
differences of the parties involved.
Commissioner Balalis stated that the Mobile Home Park
District is being established because it is required by
the Housing Element and the Local Coastal Plan. He
stated that how and when this ordinance will.be applied
to a specific mobile home park will be determined at.a
future hearings.
Mr. Dick Hogan, representing the owners of the De Anza
Bayside Village Mobile Home Park, appeared *before the
Commission. Mr. Hogan referred to Section 20.20.050,
Removal of the Mobile Home Park Overlay Zone, and
stated.that he interprets that the term "redevelopment"
is intended to mean a change of use, not the
redevelopment of the mobile home park as a mobile home.
park. He stated that after a substantial number of .
years it would be necessary for the mobile home park
owner to redevelopment the mobile home park, due* to
deteriorating conditions which' can not be repaired, or
to bring the park up to the standards of present day
mobile home parks. He stated that it would not be
possible to redevelop a mobile home park under the
requirements of the previously approved use permit or
the minimum state regulations in effect at the time the
mobile home park was developed.
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Commissioner Beek stated that the Ordinance would not
interfere with redevelopment of the mobile home park as
a mobile home. park. Mr. Hogan reiterated his concern
that the requirements of a previously approved use
permit or the minimum state regulations in effect at
the time the mobile home park was development would
continue to regulate the design of existing mobile home
parks. Commissioner Beek stated that the existing
regulations could be met or exceeded by a mobile home
park redevelopment.
Planning Director Hewicker referred to Section
20.20.040, Uses Permitted, paragraph (a), of the
proposed Ordinance and stated that in the event a
mobile home park overlay district were to be placed on
a mobile home park, the use would be regulated by the
State of California. -- - - -
In response to a question posed by Commissioner Beek,
Planning Director Hewicker stated that a mobile home
park overlay district can be removed through
• discretionary hearings of the Planning Commission and
City Council, and phase -out plans of the applicant.
He stated that an overlay zone is a supplementary
designation to an existing zoning designation.
In response to a question posed by Commissioner Thomas,
Planning Director Hewicker explained the procedures
which would be necessary, in order for the mobile home
park overlay zone to be amended.
Mr. Hogan referred to Section 20.20.050, paragraph (b)
of the proposed Ordinance and stated that the term
"more appropriately developed" is extremely vague. He
stated that there is no criteria for the Planning
Commission to judge such a' statement. He suggested
that standards be adopted to arrive at a such
determination.
Mr. Hogan referred to Section 20.20.050, paragraph (c)
of. the proposed Ordinance, relating to the phase -out .
plan and stated that some of the tenants in the mobile
home parks will not need help in relocating. He stated
that the relocation plan should take care of those
tenants who need such help. He stated that in some
instances, it would he physically impossible to
• relocate every mobile home, cabana, ramada and all
appurtenances.
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Commissioner Allen stated that the phase -out plan does
not necessarily imply a specific number of mobile home
park tenants to be relocated at a certain location.
Planning Director Hewicker concurred and stated that it
does not specifically require that there be a benefit
assigned to every tenant in the mobile home park.
Mrs. Danahee, resident of De Anza Bayside Village,
asked if the tenants of the mobile home parks will have
to come back before the Commission and City Council in
order to have the mobile home park overlay zone applied
to their park. Planning Director Hewicker concurred
and explained the methods by which a property can adopt
an overlay zone.
In response to a question posed by Commissioner Thomas,
Planning Director Hewicker explained the procedure and
time tables which would be involved in applying the
zoning district to the De Anza Mobile Home Park.
I I I I I I I I Mr. McGruw, resident of De Anza.Bayside Village, asked
• when this overlay zone will be applied to the De Anza
property. Commissioner Balalis stated that the
proposed Ordinance must first be adopted by the
Planning Commission and City Council. Then, at a later
date and after appropriate hearings by the Planning
Commission and City Council, the overlay zone may be
applied to the De Anza property.
Mr. Dick Sutherland, resident of De Anza Bayside
Village, referred to the phase -out plan and asked how
the relocation program will work. Planning Director
Hewicker stated that the owner of the property or the
developer will prepare the phase -out plan. He stated
that approval of the phase -out plan will ultimately
have to be made by the Planning Commission and the City
Council.
Mrs. Evelyn Keith, resident of De Anza.Bayside Village,
asked if the residents of the park can obtain a
leasehold interest in the property. Mr. Burnham,
Acting City Attorney, stated that the City has no
ownership interest in the property and can not grant a
leasehold interest. He stated that the City can only
impose land use restrictions based upon the needs of
the citizens, which are reasonable.
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Ms. Leona Morgan, resident of De Anza Bayside Village,
stated that it has been difficult to sell mobile homes
in the park because of a negative disclosure statement .
which the owners of the park require the new buyers to
sign. She requested that the proposed Mobile Home Park
District be approved.
Mr. Frank Edwards, resident of De Anza Bayside Village, _
requested that this Mobile Home Park District be
approved.
Mr. Carl Hertage, resident of De Anza Bayside Village,
explained the usage of cabanas and ramadas at the park.
Mr. Wheeler stated that a cabana is a house which
sticks to the ground. He stated that the residents
have improved the property with the cabanas and -
ramadas, but the proposed Ordinance does not mention
compensation.
Commissioner Beek stated that Mr. Wheeler's suggested
• amendment relating to relocation does not mention
compensation. He stated that possibly the residents
should be seeking compensation for the improvements,
rather than building an equivalent set of improvements
at another location.
Commissioner Thomas suggested that additional wording
be added to Section 20.20.050, paragraph (c) of the
proposed Ordinance as follows, "relocated or
appropriately compensated ". Mr. Burnham stated that
such language would be appropriate. Mr. Burnham also
stated that the City Attorney's office would be
clarifying the language in the last section of the
Ordinance.
Motion X Motion was made -to -adopt Resolution No. 1075, approving. -
Amendment No. 567 to Title 20 of the Newport Beach
Municipal Code to establish a Mobile Home Park
District, including additional language to Section
20.20.050, paragraph (c) as follows: This phase -out
plan shall include a time schedule and method by which
existing mobile homes, cabanas, ramadas and other
appurtenances, and tenants shall be relocated or
appropriately compensated.
• iIII11II
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November 19, 1981
g
City of Newport Beach
CALL
INDEX
Amendment
X
Commissioner Balalis suggested that the word
"appurtenances" be replaced with "substantial
improvements ". Mr. Burnham stated that substantial
Acceptance
X
improvements would be appropriate. Commissioner Thomas
accepted this as an amendment to his motion.
ALL AYES
X
X
X
*
Y
X
X
Amended Motion by Commissioner Thomas for adoption of
RESOLUTION
Resolution No. 1075, approving Amendment No. 567 to
NO. 1075,
Title 20 of the Newport Beach Municipal Code so as to
establish a Mobile Home Park District, was now voted
on, which AMENDED MOTION CARRIED. (See attached
Exhibit "A" for the text of the approved Mobile Home
Park District) -.
40
The Planning Commission recessed at 9:50 p.m. and
reconvened at 10:00 p.m. I
• a x
Request to establish a take -out ice cream shop in the - Item #6
commercial area of the Newport Shores Specific Plan
Area, and to waive a portion of the required off - street
parking spaces in conjunction with said use.
USE PERMIT
LOCATION: Lots 7 and 8, Seashore Colony Tract, NO. 2036
located at 211 and 213 62nd Street, on
the southwesterly corner of 62nd Street
and Newport Shores Drive in Newport
Shores.
APPROVED
ZONE: - SP -4 - CONDI --
- TIONALLY
APPLICANT: Salvin Construction, Costa Mesa -
OWNER: - Creative Way, Inc.., Costa Mesa - -
The public hearing opened in connection with this item
and Mr. Cliff Hanson, representing the applicant,
appeared before the Commission and requested approval
of the use permit. Mr. Hanson stated that the
Bun -n- Barrel restaurant facility has applied for a use
permit.
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Motion
Y
Motion was made for approval of Use Permit No. 2036,
subject to the findings and conditions of Exhibit "A ".
Commissioner Beek stated that he would be opposing the
motion because take -out restaurants create a detriment
to surrounding neighborhoods and result in litter to an
area.
Ayes
X
X
X,.
Y
Motion for approval of Use Permit No. 2036 by
Noes
X
Commissioner Balalis was now voted on as follows, which
Absent
*
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. The project will not have any significant
environmental impact.
•
3. That the waiver of the development standards
as they pertain to parking circulation, walls
landscaping, and utilities, will be of no
further detriment to adjacent properties
inasmuch as the site has been developed and
the structure has been in existence for may
years.
4. The Police Department has indicated that they
do not.contemplate any problems.
5. The approval of Use Permit No. 2036 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.
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plan and.
floor plan.
•
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2. That the parking lot shall be lighted in such
a manner as to provide adequate illumination
to all areas of the lot without causing any
light or glare to impact adjacent properties.
3. That all mechanical equipment and trash areas
shall be screened from adjoining properties
and from adjoining streets.
4. That all signs shall conform to the provisions
of Chapter 20.06 of the Municipal Code.
5. That grease interceptors shall be installed on
all fixtures where grease may be introduced
into the drainage systems in accordance with'
the provisions of the Uniform Plumbing Code.
6. That the restaurant employee shall park on
site at all times.
7. That a minimum of two on -site parking spaces
• shall be provided for the proposed take -out
ice cream shop.
8. That the restaurant facility shall be limited
to the hours of 11:00 a.m, to 9:00 p.m. daily.
9. That the development standards related to
circulation, walls, landscaping, utilities,
and a portion of the parking requirements are
waived.
• * x
Request to create four parcels of land for single Item #7
family residential purposes where one parcel presently
exists; and the acceptance of an Environmental
Document. RESUB
DIVISION
LOCATION: A portion of Lot 2, Newport Heights _ - NO. 707 -
Tract, located at 2961 Cliff Drive,
constituting the entire easterly side of
Santa Ana Avenue, between Cliff Drive.. - .Continued
and an unimproved portion of Avon Street to.Decenber
in Newport Heights. 0, 1981
0 1 ' 1 ZONE: R -1 _19-
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APPLICANT: Jeffery A. Hartman Enterprises, Newport -
Beach
OWNER: Helen F. Kreutzkamp, Newport Beach
Staff advised that the applicant for Resubdivision No.
707 has requested that this item be continued to the
meeting of December 10, 1981.
Motion X Motion was made to continue Resubdivision No. 707 to All Ayes X X X * * X the Planning Commission Meeting of December 10, 1981,
which MOTION CARRIED. -
•
•
* • r
Request to permit the construction of an office Item #8
building in the Mariner's Mile Specific Plan Area that
exceeds the basic height limit of 26 feet in the'26/35- `
Foot Height Limitation District and contains a greater
gross floor area than .5 times the buildable area of USE PERMIT
the site. The proposal also includes a variance to N0. 2043
waive a portion of the required parking spaces, a
modification to the Zoning Code so as to allow the use
of compact car spaces for a portion of the required
off - street parking spaces, and the acceptance of an
Environmental Document. DENIED ..
LOCATION: Lot 42 of Tract No. 1133 and Parcel 1 of
Parcel Map No. 74 -22 (Resubdivision No.
450) , located at 204 and 206 Riverside
Avenue, on the easterly side of
Riverside Avenue, 90 feet northerly of
Avon Street, in the Mariner's Mile
Specific Plan Area.
ZONE: SP -5
APPLICANT: Cliff Wilson, Newport Beach
OWNER: Sunwest Development Corporation, Newport
Beach
The public hearing opened in connection with this item
and Mr. Gary Gregson, representing the applicant,
appeared before the Commission and requested approval
of this use permit.
=00
so
Motion
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November 19, 1981
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Ms. Pat Strang, representing Newport Heights Community
Association, requested that this use permit be denied
subject to the findings as contained in Exhibit "A" of
the staff report.
Motion was made for denial of Use Permit No. 2043,
subject to the following findings, which MOTION
CARRIED:
FINDINGS:
1. That in exceeding the basic height limit of
twenty -six feet, visual access to the bay will be
reduced from the public right -of -way on Ocean View
Avenue.
2. That the increased building height will result in
decreased public visual open space.
3. That there are no exceptional or extraordinary
circumstances applying to the land, building or
use referred to in this application, that
justifies the granting of a variance relative to
the required number of parking spaces, which
circumstances or conditions do not apply generally
to other land, buildings and /or uses. in the
Mariner's Mile Specific Plan Area.
4. That the granting of a variance for the required
number of parking spaces in this particular case,
is not necessary for the preservation and
enjoyment of substantial property rights of the
applicant inasmuch as there are reasonable
alternatives available to the applicant such as:
lowering the required number of parking spaces by
reducing the net floor area of the proposed
building; or redesigning the project so as to
provide a more efficient parking design.
5. That the granting of a variance for the required
number of parking spaces will, under the
circumstances of this particular case, materially
affect adversely the health or safety of persons
residing or working in the neighborhood and will
under the circumstances of the particular case,
tend to worsen the present parking conditions in
the surrounding area.
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6. That the establishment of the proposed project,
utilizing up to 25 percent of the required parking
spaces for compact car spaces in the small parking
lot will, under the circumstances of the
particular case, be detrimental to the health,
safety, peace, comfort and general welfare of
persons residing or working in the neighborhood of
such proposed use or be detrimental or injurious
to property and improvements in the neighborhood
or the general welfare of the City, and further
that the proposed modification is not consistent
with the legislative intent of Title 20 of the
Municipal Code.
7. That approval of Use Permit No. 2043 will, under
the circumstances of this case, be detrimental to
the 'health, safety, peace, morals, comfort and
general welfare of persons residing and working in
the neighborhood or be detrimental or injurious to
property or improvements in the neighborhood or
the general welfare of the City.
• x x
Request to accept and approve an off -site parking and
common vehicular access agreement for a portion of the
required off - street parking spaces in conjunction with
the construction of a three -story office building in
the M -1 -A District.
LOCATION: Lots 14, 15 and 16, Tract No. 3201,
located at 4000 Campus Drive, on the
southeasterly side of Campus Drive
between Quail Street and Dove Street,
across from the John Wayne Airport.
ZONE: M -1 -A
APPLICANT: Pacesetter Homes, Inc., Newport Beach
OWNER: . The Irvine Company, Newport Beach
The discussion opened in connection with this item and
Mr. Steve Strauss, representing Pacesetter Homes','
appeared before the Commission and requested approval
of this item.
• 11111111 -22-
Item #9
OFF -SITE
PARKING
AGREEMENT
APPROVED
CONOIr- .
TIONALLY
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November 19, 1981
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In response to a question posed by Commissioner Allen,
Planning Director Hewicker discussed the original
traffic study. He stated that less square footage is
being built on the parcel than what could be permitted
under the current regulations. Mr. Strauss discussed
their need for the off -site parking agreement.
Commissioner Allen asked if this particular parcel was
ever a part of the original proposal in conjunction
with the approved traffic study on the adjoining
property. Planning Director stated that it was not a
part of the original proposal in terms of density and
land use.
Commissioner Beek asked if two different owners could
apply for the joint use of the parking lot. Planning
Director Hewicker stated that this could be possible.`
Motion X Motion was made for approval of the Off -Site Parking,
Ayes X X x X X Agreement and the common access agreement, subject to
Noes X the following findings and conditions, which MOTION
IF nt * CARRIED:
FINDINGS:
1. The proposed off -site parking area is so located
as to be useful in connection with the proposed
office building inasmuch as the parcels are
contiguous.
2. That parking on said off -site lot will not create
undue traffic hazards in the surrounding area.
3. That the subject parcels are held under long term
leases of adequate duration to serve all proposed
uses on the properties.
CONDITIONS: -
1. That the subject off -site parking and common
access agreement shall be approved by the City
Council guaranteeing that a minimum of eighteen
parking spaces on Lot 13, Tract No. 3201, shall be
provided for the reciprocal use of the development
on Parcel 1, Resubdivision No. 679 (81 -702) for
the duration of said development.
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Request to amend a previously approved use permit that
permitted live entertainment and dancing in an existing
restaurant which served alcoholic beverages. Said .
application includes a request to expand the existing
restaurant facility, and the installation of a take -out
window.
LOCATION:
ZONE:
APPLICANT:
OWNER:
A portion of Lot 22, Tract No. 6015,
located at 600 Newport Center Drive, on
the northeasterly side of Newport Center
Drive, between Santa Rosa Drive and
Santa Cruz Drive in Newport Center. APPROVED
t, U l
TIONALLY
USE PERMIT
NO. 1610
Amended
C -O -H
Paradise Cafe, Newport Beach
The Irvine Company, Newport Beach
The public hearing opened in connection with this item
•
and Mr. Richard Burns, representing the applicant,
appeared before the Commission and requested approval
of this item.
In response to a question posed by Commissioner Allen,
Mr. Burns stated that there is a private maintenance
agreement to control the litter on the property.
Motion
X
Motion was made for approval of Use Permit No. 1610
All Ayes
X
X
X
*
X
X
X
(Amended), 'subject to the following findings and
conditions, which MOTION CARRIED: -
- -
FINDINGS:
- - -
1. The proposed restaurant is consistent with the
General Plan, and is compatible with surrounding .
land uses.
2. The Police Department has indicated that they do
not contemplate any problems.
3. The proposed project will not have any significant
environmental impact.
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4. The approval of Use Permit No.'1610 (Amended) 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 development shall be in substantial conformance
with the approved plot plans and floor plans.
2. That a minimum of one parking space for. each 40
sq.ft. of "net public area" shall be provided for
the restaurant facility in the parking structure.
3. That all mechanical equipment and trash areas shall
be screened from public streets, or adjoining
properties.
Request to permit the construction of a two -unit Item #11 .
residential condominium and related garage spaces in
the R -2 District. USE PERMIT
AND I NO. 2041 ,
Request to establish a single parcel of land for
AND
residential condominium development where one lot
presently exists.
LOCATION: Lot 7, Block 8 of Seashore Colony Tract,
Item #12
located at 209 Orange Street, on the
-- -
westerly side of Orange Street between
West Coast Highway and Newport Shores
RESUB-
DIVISION
Drive, in Newport Shores.
NO. 711,
ZONE: SP -4
BOTH,
APPLICANT: Properties West, Inc., Newport Beach
'APPROVED
—�-
CO
OWNER: Same as applicant -
TTUN—AZLY -
•
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Agenda Item Nos. 11 and 12 were heard concurrently due
to their relationship.
Commissioner Balalis stated that due to a possible
conflict of interest, he would be abstaining from a
vote on these items.
5. That adequate on -site parking spaces are available
for the proposed residential condominium
development.
6. The establishment, maintenance or operation of the
use of building applied for will not, under the
circumstances of the particular case, be
detrimental to the health, safety, peace, comfort .
and general welfare of persons residing or working
in the neighborhood of such proposed use or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City.
-26-
The public hearing opened in connection with these
items and Mr. Webster Smith, representing the
applicant, appeared before the Commission and requested
approval of these items.
Motion
X
Motion was made for approval of Use Permit No. 2041
Ayes
X
X
X
X
subject to the following findings and conditions, which
Noes
X
MOTION CARRIED:
Abstain
X
Absent
*
FINDINGS:
1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
•
2. The project will comply with all applicable
standard plans and zoning requirements for new
buildings applicable to the district in which the
proposed project is located at the time of
approval.
3. The project lot size conforms to the Zoning Code
requirements in effect at the time of approval.
4. The project is consistent with the adopted goals
and policies of the General Plan.
5. That adequate on -site parking spaces are available
for the proposed residential condominium
development.
6. The establishment, maintenance or operation of the
use of building applied for will not, under the
circumstances of the particular case, be
detrimental to the health, safety, peace, comfort .
and general welfare of persons residing or working
in the neighborhood of such proposed use or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City.
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Motion
Ayes
Noes
Abstain
Absent
•
•
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plan, floor
plans, and elevations.
2. That two garage spaces shall be provided for each
dwelling unit.
3. That all conditions of approval of Resubdivision
No. 711 be fulfilled.
X Motion was made for approval of Resubdivision No. 711
X X subject to the following findings and conditions, which
X MOTION CARRIED:
X
* FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances of
the City, all applicable general or specific plans
and the Planning Commission is satisfied with the
plan of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
1. That a parcel map be filed.
2. That all improvements be constructed as required by
ordinance and the Public Works Department.
3. That each dwelling unit be served with individual
water services and sewer laterals to the main
unless otherwise approved by the Public Works
Department.
4. That the driveway be paved with asphalt or concrete
to join the existing alley prior to occupancy. An
encroachment permit will be issued by the Public
Works Department for this work.
5. That all vehicular access to the parcel be from the
adjacent alley.
* * x
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Ayes
Noes
Absent
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IX
November 19, 1981 MINUTES
City of
Request to permit the construction of a two -unit
residential condominium and related garage spaces in
the R -2 District.
AND
Request to establish a single' parcel of land for
residential condominium development where one lot
presently exists.
LOCATION: Lot 11, Block 42,, River Section,
located at 124. 43rd Street on the
easterly side of 43rd Street between
West Balboa Boulevard and Seashore
Drive, in West Newport.
ZONE: R -2
APPLICANT: Properties West, 'Inc., Newport Beach
OWNER: Same as applicant
ENGINEER: Ron Miedema, Costa Mesa
Agenda Item Nos. 13 and 14 were heard concurrently due
to their relationship.
The public hearing opened in connection with these
items and Mr. Webster Smith, representing the
applicant, appeared before the Commission and requested
approval of these items.
Motion was made for approval of Use Permit No. 2044
subject to the following findings and conditions, which
MOTION CARRIED:
FINDINGS: -
1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
2. The project will comply 'with all applicable
standard plans and zoning 'requirements for new
buildings applicable to the :district in which the
proposed project is located at the time of
approval.
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INDEX
Item #13
USE PERMIT
NO. 2044
AND
Item #14
RESUB-
DIVISION
NO. 712
BOTH
MOVED
C NDI-
TIONALLY
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3. The project lot size conforms to the Zoning Code
requirements in effect at the time of approval.
4. The project is consistent with the adopted goals
and policies of the General Plan.
5. That adequate on -site parking spaces are available
for the proposed residential condominium
development.
6. The establishment, maintenance or operation of the
use of building applied for will not, under the
circumstances of the particular case, be
detrimental to the health, safety, peace, comfort
and general welfare of persons residing or working
in the neighborhood of such proposed use or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City.
CONDITIONS:
• 1. That development shall be in substantial
conformance with the approved plot plan, floor
plans, and elevations.
2. That two garage spaces shall be provided for each
dwelling unit.
3. That all conditions of approval of Resubdivision
No. 712 be fulfilled.
Motion X Motion -was made for a
Ayes X X X X pproval of Resubdivision No. 712
Noes X X subject to the following findings and conditions, which
Absent *: MOTION CARRIED:
FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances of
the City,. all applicable general or specific plans
and the Planning Commission is satisfied with the
plan of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
• -29-
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November 19, 1981
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CONDITIONS:
1. That a parcel map be filed.
2. That all improvements be constructed as required by
ordinance and the Public Works Department.
3. That each dwelling unit be served with individual
water services and sewer laterals to the main
unless otherwise approved by the Public Works
Department.
4. That a standard agreement and accompanying surety
be provided to guarantee satisfactory completion of .
the public improvements if it is desired to record
the parcel map prior to completion of the public
improvements.
5. That vehicular access to the parcel be from the
adjacent alley.
6. That the driveway join the existing alley with
.
asphalt or concrete paving prior to occupancy. An
encroachment permit will be issued by the Public
Works Department for this work.
7. That the existing drive depression on the 43rd
Street frontage be removed and replaced with curb
gutter and sidewalk.
Request to permit the construction of a two -unit
Item #15
residential condominium and related garage spaces in
the R -2 District.
USE PERMIT
AND
MY. 2047 .
Request to establish a single parcel of land for
residential condominium development where one lot
AND
presently exists.
LOCATION: Lot 12, Block 139, Canal Section, located
Item #16
at 205 - 39th Street, on the westerly
side of 39th Street, between West Balboa
Boulevard and River- Avenue, in West
RESUB-
Newport.
DIVISION
•
N0. 714.,
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Motion
Ayes
Noes
Absent
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ZONE: R -2
BOTH
APPLICANT: Properties West, Inc., Newport Beach APPROVED -
CONDI-
OWNER: Same as applicant .TIONALLY "
Agenda Item Nos. 15 and 16 were heard concurrently due
to their,relationship.
The public hearing opened in connection with these
items and Mr. Webster Smith, representing the
applicant, appeared before the Commission and requested
approval of these items.
Motion was made for approval of Use Permit No. 2047
X X subject to the following findings and conditions, which
MOTION CARRIED: - - -- -
FINDINGS: - -
1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
2: The project will comply with all applicable
standard plans and zoning requirements for new
buildings applicable to the district in which the
proposed project is located at the time of
approval.
3. The project lot size conforms to the Zoning Code
requirements in effect at the time of approval.
4. The project is consistent with the adopted goals
and policies of the General Plan.
5. That adequate on -site parking spaces are available
for the proposed residential condominium
development.
6. The establishment, maintenance or operation of the
use of building applied for will not, under the
circumstances of the particular case, be
detrimental to the health, safety, peace, comfort
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and general welfare of persons residing or working,
in the neighborhood of such proposed use or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City.
CONDITIONS: -
1. That development shall be in substantial
conformance with the approved plot plan, floor
plans, and elevations.
2. That two garage spaces shall be provided for each
dwelling unit.
3. That all conditions of approval of Resubdivision
No. 714 be fulfilled.
Motion x 1 1 Motion was made for approval of Resubdivision No. 714 - -
Ayes X X X X X subject to the following findings and conditions, which
Wnt X MOTION CARRIED:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances of
the City, all applicable general or specific plans
and the Planning Commission is satisfied with the
plan of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
CONDITIONS:
1. That a parcel map be filed.
2. That all improvements be constructed as required by
ordinance and the Public Works Department.
3. That each dwelling unit be served with individual
water services and sewer laterals to the main
unless otherwise approved by the Public Works
Department.
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4. That vehicular access to the parcel be from the
adjacent alley.
5. That the proposed driveway join the existing alley
with .asphalt pavement prior to occupancy. An
encroachment permit will be issued by the Public
Works Department for this work.
6. That the deteriorated concrete sidewalk be
reconstructed along the 39th Street frontage.
7. That arrangements be made with the Public works
Department to guarantee satisfactory completion of
the Public improvements if it is desired to record
the parcel map prior to completion of the public
improvements.
8. That a 6 foot high concrete block wall shall be
constructed along the southwesterly property line
of the property in order to minimize the effect of
the future widening of West Balboa Boulevard. Said
.
wall shall be setback 5 feet from the rear property
line adjacent to the alley and be reduced in height
to 3 feet in the 10 foot front yard.
9. The prospective buyers be informed that the City's
Circulation Element provides for West Balboa '
Boulevard to be widened and that the City has
purchased the adjacent property to accomplish this
widening.
Request to consider an amendment to Chapter 20.62 of _
Item s#17
the Newport Beach Municipal Code as it pertains to
permitting residential uses in the Mariner's Mile
Specific Plan District (SP -5), and the acceptance of an
Environmental Document.
AMENDMENT
N 6. 569
..
INITIATED BY: The City of Newport Beach - - -
Commissioner Balalis referred to Page 2 of the staff
report, provision number two, and asked why this is
APPROVED
limited to the owners of a building site. Planning
Director Hewicker stated that the intent is to be for
the primary residence of the owner, rather than to be
•
leased or rented to another individual.
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24 City of Newport Beach
INDEX
Commissioner Balalis stated that he is an advocate for
mixed zoning in the Cannery Village area and other
areas of the City. Planning Director Hewicker stated
that the residential use of the property would be
considered an incidental use, as opposed to a primary
use of the property.
Commissioner Beek asked legal counsel to comment on the
enforcement of the owner occupancy provision. Mr. Bob
Burnham, Acting City Attorney, stated that it would be
difficult to enforce.
Motion X Motion was made to accept the Negative Declaration and
adopt Resolution No. 1076, approving Amendment No. 569, RESOLUTION
changing the proposed language of Section 20.62.050, NO. 1076'
Section B, paragraph 3, as follows: One residence for
each, building site, including two garage spaces,
provided that such use will be incidental to and will
not alter the character of the premises in respect to
All Ayes X *IX X X the permitted uses noted above. Motion by Commissioner
Balalis was now voted on as follows, which MOTION .
• CARRIED:
AMENDMENT NO. 569
A proposed amendment to Section 20.62.050 of the
Newport Beach Municipal Code pertaining to residential
development in the Retail and Service portion of the
SP -5 District to read as follows:
20.62.050 RETAIL AND SERVICE COMMERCIAL. It
is the.intent of this section to implement the General
Plan objectives, policies, general land uses and
programs, relating to private use of land, for that
portion of this Specific Plan District located .
northerly of Coast Highway. All uses and development
in this portion of the Specific Plan District shall
conform to the provisions of this section. It is. '
further the intent of this section to encourage the
continuation of "marine- oriented" uses and the "marine
theme or character of the area; to encourage mutually ..
supportive businesses; a continuity of shopping and
pedestrian orientation, and to prohibit uses which
would interrupt this continuity; and to minimize the
number of curb cuts on Coast Highway.
• IIIIIIII I
COMMISSIONERS November 19, 1981 MINUTES
3
f f l City of Newport Beach
CALL INDEX
A. USES PERMITTED:
1.- Retail sales, yacht brokers, boat sales,
marine supply sales, boat repair and
servicing, offices for personal and
professional services which are offered to
the general public, commercial recreation,
hotels, and motels, and other uses which, in
the opinion of the Planning Commission, are
of similar nature. The decision of the
Planning Commission may be appealed to the
City Council.
2. Signs in accordance with Chapter 20.06.
B. USES REQUIRING USE PERMIT. The following uses -
shall be permitted upon the granting of a use permit by
the Planning Commission:
1. Manufacturing of marine products, boat
construction, animal hospitals, auto
• sales and repair shops, gasoline service
stations, cleaning establishments, laundries,
launderettes, outdoor markets, restaurants,
outdoor restaurants, drive -in and take -out
restaurants, drive -in facilities, outdoor
sales establishments, pet shops, public
garages, theaters, used car sales lots, and
other uses which, in the opinion of the
Planning Commission are of a similar nature.
2. Office uses that do not provide direct
services to the public and which are not
ancillary to another permitted use. However,
this type of office use shall not be
permitted to occupy any first floor space in
any structure. - - -
3. One residence for each building site,
including two garage spaces, provided that .
such use.will be incidental to and will not
alter the character of the premises in
respect to the permitted uses noted above.
r
CALL
r\
U
Motion
All Ayes
11
Q �c��r
!
an
November 19, 1981 MINUTES
of Newport Beach
A request to permit the construction of a three - story,
combined commercial residential building on an existing
developed site located in the retail service commercial
area of the Mariners' Mile Specific Plan Area. The
proposal also includes a request to exceed the basic
height limit in the 26/35 Foot Height Limitation
District and to allow a total floor area which exceeds
.5 times the buildable area of the site. The proposal
also includes a request to pay an annual in -lieu fee to
the City for a portion of the required off - street
parking spaces, a modification to the Zoning Code so as
to allow the use of compact car spaces, and the
acceptance of an Environmental Document.
INDEX
Item #18
USE PERMIT
N0. 2049
LOCATION: A portion of Lot A, Tract No. 919, -
located at 2400 West Coast Highway, on
the northerly side of West Coast.'"
Highway, approximately 350 feet easterly
of Tustin Avenue, in Mariners' Mile.
ZONE: SP -5 -
APPLICANT: Susan Cuse, Santa Ana
OWNER: Same as applicant -
Staff advised that the applicant for Use Permit No.
2049 has requested that this item be continued to the
meeting of December 10, 1981.
Motion was made to continue Resubdivision No. 707 to
the Planning Commission Meeting of December 10, 1981,
which MOTION CARRIED..
ADDITIONAL BUSINESS - ADDITIONAL
BUSINESS BUSINESS
Chairman McLaughlin discussed the upcoming joint
meeting between the Planning Commissions of the Cities .
of Newport Beach and Costa Mesa on November 30, 1981.
-36-
MM155KJNt1C� November 19, 1981 MINUTES
?�
m w City of Newport Beach
INDEX
Chairman McLaughlin stated that Commissioner King has
tenatively set up a community forum for the December 7,'
1981 City Council Study Session, to meet with
developers and employers in the City of Newport Beach
to discuss housing.
Commissioner Balalis stated that he would like to take
this opportunity to thank Commissioner Thomas for his
service on the - Planning Commission. Commissioner
Thomas thanked the City Council, Planning Commission
and staff for their help during his term. He stated
that he is resigning from his position on the Planning
Commission, because he is moving out of the City.
Chairman McLaughlin accepted the resignation of
Commissioner Thomas and directed staff to notify the
City Council of this vacancy.
. Mr. Burnham, Acting City Attorney, referred to the
joint meeting between the Planning Commissions of the
Cities of Newport Beach and Costa Mesa- and stated that
a Special Meeting can be noticed 24 hours in advance.
Motion X Motion was made that the Special Meeting between the
All Ayes X X X * X X X Cities of Newport Beach and Costa Mesa on November 30th
be noticed 24 hours in advance, which MOTION CARRIED..
Motion X
X M
Motion was made for an excused absence for Commissioner
All Ayes ' X
X X
X X
X X
X X
X X
X A
Allen on December 10, 1981 and January 7, 1982, which
MOTION CARRIED.
Motion X
X M
Motion was made for an excused absence for Commissioner
All Ayes X
X.X X
X X
X X
X X
X B
Balalis and Commissioner McLaughlin on January 7, 1982,
which MOTION CARRIED.
-37-
COMMISSIONERS
� Tm;iKFi�n'�
li
1•
November 19, 1981
of Newpoi
t Beach
MINUTES
There being no further business, the Planning
Commission adjourned at 10:40 p.m.
Joan Winburn, Secretary
Planning Commission
City of Newport Beach
-38-
INDEX
39
EXHIBIT "A "- Page 1.
. MOBILE HOME PARK
DISTRICT
Chapter 20.20
Chapter 20.20
MOBILE HOME PARKS
Sections:
20.20.010 Intent
20.20.020 Definitions
20.20.030 Criteria for Application of Zone
20.20.040 Uses Permitted
20.20.050 Removal of the Mobile Home Park Overlay Zone
20.20.010 INTENT. The Mobile Home Park Residential Zone is
hereby established as an overlay zone to permit the application of a mobile
home zone to parcels of land developed with mobile home parks and zoned
with a primary underlying zoning designation. The purpose of the mobile
home park zone is to designate existing mobile home parks in appropriate
locations for mobile home park uses in order that these uses may be
encouraged, maintained, and protected. The regulations of this district
are designed to achieve an environment of stable, desirable residential
• character and preserve areas or communities developed with mobile home
residential uses. Whenever reference is made in this section or on any
districting maps to MHP, this shall mean Mobile Home Park Overlay Zone.
20.20.020 DEFINITIONS. As used in this Chapter, the following terms
shall have the meanings indicated:
(a) Mobile home - "Mobile home" is a structure transportable
on a street or highway by authorization or a permit in
one or more sections designed and equipped for human
habitation to be used with or without a foundation
system. Mobile home includes manufactured homes but does
not include recreation vehicles, commercial churches, or
factory -built housing.
(b) Mobile home park - "Mobile home park" is any area of land
used primarily for the placing, parking or storage of two
or more mobile homes for housekeeping, sleeping or living
quarters.
(c) Mobile home space - "Mobile home space" is any area,
tract of land, site, lot, pad or portion of a mobile home
park designated or used for the occupancy of one mobile
home.
/+
EXHIBIT "A "- Page 2.
. MOBILE HOME PARK
DISTRICT
Chapter 20.20
20.20.030 CRITERIA FOR APPLICATION OF ZONE. After holding zoning
amendment hearings this zone may be applied at the discretion of the City
to parcels of land considered appropriate for mobile home uses. Prior to
establishing a "Mobile Home Park Zone" the following shall be considered:
(a) Existing zoning and General Plan designations.
(b) The age and condition of the mobile home park.
(c) The relationship of the mobile home park to surrounding
land uses.
(d) Vehicle access to the area under consideration.
(e) site area.
(f) Site configuration.
20.20.040 USES PERMITTED.
(a) Mobile home parks as regulated by -the State of
. California.
(b) Accessory uses and structures incidental to the operation
of mobile home parks such as recreation facilities and /or
community centers of a non - commercial nature, either
public or private, storage facilities for the use of the
mobile home park residents and any other uses or
structures that are incidental to the operation of a
mobile home park.
20.20.050 REMOVAL OF THE MOBILE HOME PARK OVERLAY ZONE. The uses
permitted by the underlying zoning are not permitted while the property is
zoned with the MHP overlay zone. The removal of the Mobile Home Park
Overlay Zone shall be permitted for purposes of redevelopment consistent
with the underlying zone. Removal of the overlay zone shall be
accomplished by approval of a zoning amendment the findings of which shall
include but not be limited to the following:
(a) That the proposed redevelopment of the mobile home park
is consistent with the underlying zoning and the General
Plan, in particular the Housing Element and Land Use
Element.
(b) That the property for which the rezone is being requested
would be more appropriately developed with the uses
permitted by the underlying zoning.
41
EXHIBIT "A" -Page 3.
MOBILE HOME PARK
DISTRICT
Chapter 20.20
(c) That a mobile home park phase -out plan has been developed
and found acceptable. This phase -out plan shall include
a time schedule and method by which existing mobile
homes, cabanas, ramadas and other substantial
improvements, and tenants shall be relocated or
appropriately compensated. This phase -out plan shall also
include methods of mitigating the housing impacts on
households having low and moderate incomes, elderly
persons and handicapped persons. The plan shall describe
the programs or other means that will be used to assist
these households.
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