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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. • 11111111 -1- Item #1 USE PERMIT N0. 2008 1 November 19, 1981 Of Beach MINUTES M AW CALL I I I I Jill I INDEX 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. -2- MMISSIONERS c 3f I mn > 10 i� y 7 November 19, 1981 MINUTES of Newport Beach RWL CALL I III Jill I INDEX • • 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. -3- ■ *--J 7 3 2G 1V Motion X Ayes X Noes X X Absent * * 0 u November 19, 1981 MINUTES ity of Newport Beach INDEX 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. -4- ■ 1 c W CALL November 19, 1981 Of Beach MINUTES 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. -5- INDEX Item #3 USE PERMIT NO-2039 AND Item #4 RESUB- DIVISION. X10 BOTH APPR-OVED CONDI- TIONALLY -- COMMISSIONERS November 19, 1981 MINUTES City of Newport Beach CALL INDEX 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. -6- COMM155K)NLItS November 19, 1981 MINUTES City of Newport Beach R CALL INDEX 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 -7- COMMISSIONERS November 19, 1981 MINUTES Fu7x=w 1 City of Newport Beach INDEX 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. -8- C0MMI55{VNLKS November 19, 1981 MINUTES 3 City of Newport Beach CALL r7 I I INDEX 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: QE WMI551VNtK5 November 19, 1981 MINUTES Ia y 3 City of Newport Beach INDEX 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. -10- COMMISSIONERS November 19, 1981 itv of t Beach MINUTES INDEX 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 • -11- x�n_ November 19, 1981 LU1 t Beach MINUTES INDEX 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. -12- MOBILE HOME PARK Z N� E AMENDMENT NO. 567 APPROVED I 1 Li • �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. -13- INDEX CUMMI551UNtiCS November 19, 1981 MINUTES '. � JmW Cr w i City of Newport Beach CALL INDEX 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. -14- MISSIONERS November 19, 1981 MINUTES y' N City of Newport Beach INDEX 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. • 11111111 -15- ANSSIONtKS November 19, 1981 MINUTES City of Newport Beach INDEX 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 -16- CQMN\bNUNtK5 MINUTES 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. 0 11111111 -17- COMMISSIONERS November 19, 1991 MINUTES cr N City of Newport Beach CALL INDEX 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. • -18- COMMISSIONERS November 19, 1981 MINUTES cr 5 2L City of Newport Beach CALL INDEX 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- CUMMISSIUNtKS November 19, 1981 MINUTES Cr RL � City of Newport Beach CALL INDEX 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 All Ayes Cl • c (g XIXI* November 19, 1981 Of Beach MINUTES 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. -21- INDEX 1NIMISNUNEKS November 19, 19 81 MINUTES *-4 Cr C lz I I'> City of Newport Beach 0 RlWtCALLI 111 1111 1INDEX 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 1 v November 19, 1981 of Newport Beach MINUTES INDEX 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. -23- CALL iMISSONERS November 19, 1981 P City of Newport Beach MINUTES 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. -24- • 1 m November 19, 1981 Of Beach MINUTES INDEX 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 - • -25- COMMISSIONERS November 19, 1981 MINUTES cy D Ito l City of Newport Beach LL CALL INDEX 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. -26- November 19, 1981 MINUTES of Newport Beach 0 OWCALLI 111 1111 1INDEX 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 -27- COM :E Cr L. J Motion Ayes Noes Absent L X 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. -28- INDEX Item #13 USE PERMIT NO. 2044 AND Item #14 RESUB- DIVISION NO. 712 BOTH MOVED C NDI- TIONALLY COMMISSIONERS November 19, 1981 MINUTES cr City of Newport Beach CALL 11 H11 INDEX 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- 9 l ci November 19, 1981 m Beach MINUTES INDEX 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., -30- CALL Motion Ayes Noes Absent �J • V"NMb5)UNEK5 November 19, 1981 MINUTES :E g I'A City of Newport Beach INDEX 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 -31- C C) MN If5bK)NtK� November 19, 1981 MINUTES Cr g 0 s City of N ort Beach L ALL INDEX 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. -32- CUMMbS )IUNtKS November 19, 1981 MINUTES Cr 2 9 City of Newport Beach R CALL INDEX 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. -33- MMISSIUNLKS November 19, 1981 MINUTES 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. • 0