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HomeMy WebLinkAbout11/19/1992CO11 OSSIONERS CITY OF NEWPORT BEACH MINUTES � REGULAR PLANNING COMMISSION MEETING •t R101\0k PL ACE: City Council Chambers �' TIME: 7:30 P.M. DATE: i t .,e...:,e. in I on, � 1.V.Yl11VY1 lJ, JJ4. ROLL CALL DMEX Present * * * * * All Commissioners were present. s s s EX-OFFIC10 OFFICERS PRESENT, James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of November 1 1992 Minutes of 11/19, Commissioner Debay requested that Public Comments be corrected to state Chairman Edwards congratulated Commissioner ebay on her recent election to the City Council He also announced the birth of Commissioner DiSano's son. Motion * otion was made and voted on to approve the corrected All Ayes November 19, 1992, Planning Commission Minutes. MOTION CARRIED. Public Comments. Public comments No one appeared before the Planning Commission to speak on on- agenda items. s : : COAIMSSIONERS alve MI�W&\1 CITY OF NEWPORT BEACH MINUTES 'Row November 19, 1992 [LOLL CALL INDEX Posting of the A n . Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, November 13, 1992, in front of City Hall. Request for Continuance: Request for .. James Hewicker, Planning Director, requested that Item No. 5, Continuan Amendment No. 775, be continued to the Planning Commission meeting of December 10, 1992, to allow the architect additional time to complete the survey of the property located at 400 Clubhouse Avenue. ion Motion was made and voted on to continue Amendment No. 775, Item No. 5, to the December 10, 1992, Planning Commission meeting. MOTION CARRIED. Resubdivision No. 988 (Public Hearin Item No.1 Request to resubdivide four existing lots into a single parcel of Resub 98e land for commercial development, on property located in the C -1- H District. Approved LOCATION: Lots 39, 40, 41 and 42, Tract No. 1210, located at 1200 West Coast Highway, on the northerly side of West Coast Highway, across from the entrance to the Balboa Bay Club. ZONE: C -1 -H APPLICANT: JFC Design Group, Inc., Santa Ana Heights area of Orange County . OWNER: Albert Mardikian, Costa Mesa -2 CITY OF NEWPORT BEACH MINUTES �r P4ovemoer iv, 19`lL ROLL CALL INDEX ENGINEER: Same as applicant The public hearing was opened in connection with this item. Mr. Gerald F. Clarke, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A". James Hewicker, Planning Director, asked the applicant when the demolition of the structure that is located on the subject property would occur wherein Mr. Clarke responded that the demolition would commence immediately. Mr. Hewicker indicated that complaints have been received regarding the physical appearance of the property and he requested that the landscaping be cleaned up. Mr. Clarke agreed to inform the property owner of the City's concerns. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Resubdivision No. 988 All ayes subject to the findings and conditions in.Exhibit "A ". MOTION CARRIED. Findin s: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed resubdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general plans and the Planning Commission is satisfied with the plan of subdivision. 3. The proposed resubdivision presents no problems from a planning standpoint. -3- P -P ;*� I CITY OF NEWPORT BEACH MINUTES November 19, 1992 ROLL CALL INDEX 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. Conditions: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Cade and Orange County Subdivision Manual, Subarticle 18. . 2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. That all applicable conditions of approval of Use Permit No. 3429 (Amended) be fulfilled as approved by the Planning Commission on March 19, 1992. 4. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110 -L. 5. That overhead utilities serving the site be undergrounded . to the nearest appropriate pole in accordance with Section -4- I I C Mml \00% \� CITY OF NEWPORT BEACH MINUTES November 19, 1992 [LOLL CALL INDEX 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 6. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Resubdivision No. 989 Public Hearin - Item No.2 Resub 9s9 Request to resubdivide two existing parcels into a single parcel of land for office development, on property located in the Corporate Plaza Planned Community. Approved LOCATION: Parcel 6 of Parcel Map 93/45 -46 (Resubdivision No. 465), and Parcel 2 of Lot Line Adjustment 90-2 located at 7 Corporate Plaza, on the northwesterly side of Avocado Avenue, between East Coast Highway and Farallon Drive, in the Corporate Plaza Planned Community. ZONE: P -C APPLICANT: Sovereign Bancorp LTD., Newport Beach OWNER: Same as applicant ENGINEER: Western Pacific Engineering, Inc., Costa Mesa The public hearing was opened in connection with this item, and Mr. Paul Ghio appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. -5- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 19, 1992 ROLL CALL INDEX Motion * Motion was made and voted on to approve Resubdivision No. 989 All Ayes subject to the findings and conditions in Exhibit "X. MOTION CARRIED. FINDINGS: 1. That the design of the subdivision and the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, the Corporate Plaza Planned Community District and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That the reciprocal easements for ingress, egress and parking for the mutual benefit of the subject property and adjoining properties is necessary for adequate ingress, egress and parking by employees and patrons to the subject property. CONDITIONS: 1. That a parcel map be recorded prior to issuance of .Building Permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the . County Surveyor a digital- graphic file of said map in a -6- d���oq� CITY OF NEWPORT BEACH MINUTES November 19, 1992 ROLL CALL RMEX manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That each building be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 6. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the City Traffic Engineer. That sight distance shall be provided at all streets and driveway intersections per City Std. 110 -L. -7- copmVIISSIONERS \ '10 VA � N�ik\4 CITY OF NEWPORT BEACH MINUTES November 19, 1992 ROLL CALL WDEX 7. That reciprocal easements for ingress, egress and parking be dedicated as required. Easements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City. That all easements be shown on the parcel maps. 8. That all vehicular access rights to Avocado Avenue be released and relinquished to the City of Newport Beach. 9. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department. The stone drain system shall be designed to handle a 25 year storm frequency with no buildings flooded during a 100 year storm frequency. A master plan of water, sewer and storm drain facilities shall be prepared for the on -site improvements prior to recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 10. That County Sanitation District fees be paid prior to issuance of any building permits. 11. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Avocado Avenue right - of -way. 12. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structures locations, with width to be approved by the Public Works Department. r _8_ Ak W A 10 N�n*\\0011\t_ CITY OF NEWPORT BEACH MINUTES November 19, 1992 ROLL CALL WDEX 13. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110•L. 14. That a non - standard improvement agreement be provided for any private streets having textured paving over utility easements. 15. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Resubdivision No. 990 (Public Hearing) Item No.3 Request to resubdivide four existing lots into a single parcel of land for commercial use, on property located in the 'Retail and Service Commercial" area of the Cannery Village /McFadden Resub 990 Approved Square Specific Plan. LOCATION: Lots 4, 5, 6 and 7, Block 277, Section A, Newport Beach, located at 2615 Newport Boulevard, on the commercial island bounded by Newport Boulevard (northbound), 28th Street, Newport Boulevard (southbound), and 29th Street, in the Cannery Village /McFadden Square Specific Plan. ZONE: SP-6 APPLICANT: Thomas R. Lewis, Orange OWNER: Same as applicant ENGINEER: Philip W. Taggart, Irvine i -9- N � \m I � I \\7t- CITY OF NEWPORT BEACH MINUTES 'low November 19, 1992 ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Warren Bastin appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Resubdivision No. 990 All Ayes subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed . subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. -10- COMMISSIONERS % I k'Ns'Okle,�! 9N9k1 \1004011 CITY OF NEWPORT BEACH MINUTES November 19, 1992 ROLL CALL INDEX 2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 3. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 7. That the deteriorated sections of sidewalk and drive approach be reconstructed along the northbound Newport Boulevard frontage under an encroachment permit issued by the Public Works Department. 8. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. -11- CITY OF NEWPORT BEACH MINUTES November v, i!roz POLL CALL INDEX 9 The overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 10. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 11. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Use Permit No. 1791 (Amended) (Continued Public Hearing) Item No. Request to amend a previously approved use permit that permitted UP1791A . the conversion of an existing automobile service station into a restaurant with on -sale beer and wine, and included a waiver of a Approved portion of the required off - street parking on property located in the "Commercial" area of the Newport Shores Specific Plan area. The proposed amendment involves a request to enclose an existing outdoor eating area which is currently part of the restaurant's approved "net public area" and a request to waive two required off - street parking spaces for the subject property. LOCATION: Parcel 1 of Parcel Map 100 -4 (Resubdivision No. 520) located at 6700 West Coast Highway, on the northerly side of West Coast Highway, between Orange Street and Colton Street in Newport Shores. ZONE: SP-4 APPLICANTS: Charles B. Baur and Edward J. Baur, Newport Beach . OWNERS: Same as applicants -12- " '11\\ SNI k"WWRin CITY OF NEWPORT BEACH MINUTES November 19, 1992 ROLL CALL INDEX James Hewicker, Planning Director, reported that a use permit is required inasmuch as no building permits were issued for the approvals that were granted in 1988 to allow construction of the existing wrought iron fencing around the patio or the canopy that exists over the patio. It was assumed by staff that the applicants did not exercise the approved use permit to allow the patio dining, and inasmuch as two years had transpired since the original use permit was granted, staff made the determination that a new use permit was required. However, when staff visited the site, it was evident that the patio has been used for dining purposes since 1988. The liquor store has also converted a garage space that was formerly required for parking into additional storage. The applicant has requested to waive two additional parking spaces inasmuch as the foregoing parking space was removed and the second parking space is required because of the additional square . feet that has been added to the market. The waiver of two parking spaces would actually be for the restaurant inasmuch as the Planning Commission only has the authority to waive parking in conjunction with the restaurant operation on the property. The 16 parking spaces that are located on the site have been shared by the liquor store and the restaurant for several years. If the Planning Commission concurs with the aforementioned suggestion to waive two parking spaces, Finding No. 4, Exhibit "A ", would need to be modified to state That the waiver of two additional parking spaces for the restaurant would not be detrimental to the neighborhood inasmuch as the existing on -site commercial uses have operated successfully without it, and there has not been any objections from surrounding homeowners with regard to an overflow of parking into the residential area Condition No. 4, Exhibit "A", should also be modified to eliminate the portion of the condition that addresses the as-built building permit for the enclosure of the existing garage inasmuch as that provision is stated in Condition No. 5, Exhibit "A ". In response to a question posed by Commissioner Glover, Mr. . Hewicker explained that the existing fence and gate that restrict -13- V CITY OF NEWPORT BEACH MINUTES November 19, 1992 POLL CALL INDEX the full and continued use of two on -site parking spaces were constructed mid -way between the two tandem parking spaces at the rear of the restaurant. In response to questions posed by Commissioner Merrill, Mr. Hewicker explained that the applicant has revised the plans that were originally submitted in 1988. The proposed plans indicate that the existing patio enclosure would be removed and a. higher enclosure and windscreen would be constructed around the patio. Commissioner Merrill and Mr. Hewicker addressed the conditions that were approved by the Planning Commission on September 8, 1988, requesting that the applicant meet the Uniform Building Code and Building Department requirements. William Laycock, Current Planning Manager, explained that the applicant submitted plans to plan check in the Planning Department and the Building Department; however, the applicant never finaled the permit, including not paying the required Fair Share Fee. In reference to the aforementioned Condition No. 4, Exhibit "A ", as modified by Mr. Hewicker, Commissioner Debay stated that when she was on the site, the gate was open and the subject two parking spaces were accessible on the site. She suggested that the fence and the gate remain inasmuch as the area is accessible during the day; however, she recommended that the fence and gate be closed at night after the restaurant closes for security purposes. In response to a question posed by Commissioner Debay, Mr. Hewicker explained that the applicant is required to go to the Coastal Commission for approval. The public hearing was opened in connection with this item, and Mr. James (Buzz) Person appeared before the Planning Commission on behalf of the applicant. Mr. Person concurred with the findings and conditions in Exhibit "X. Mr. Person stated that the current applicants were the property owners in 1988, and they purchased the restaurant from the previous applicant in 1989. He indicated that the current applicants were not aware that an as-built permit was required when they purchased the restaurant. They are willing to pay the required Fair Share Fee, and they will. . go to the Coastal Commission.as required. 14- COMMISSIONERS e Mmk\\041 CITY OF NEWPORT BEACH MINUTES November 19, 1992 ROLL CALL INDEX In response to questions posed by Chairman Edwards, Mr. Person replied that the applicants concur with the aforementioned modified Finding No. 4, and Condition No. 4, Exhibit "X. Mr. Person requested that the gate be closed at night after the restaurant is closed inasmuch as there have previously been security problems at the back door of the restaurant. In response to questions posed by Mr. Hewicker, Mr. Person explained that the applicants agree to enclose the current dumpster on the property; however, there is a concern regarding the site to construct said enclosure. Mr. Person stated that the problem with constructing the second trash enclosure between the restaurant and liquor store is that it would be immediately adjacent to a glass enclosed patio where the customers would be eating, and the area would not be as accessible to the liquor store and to the delivery truck that may want to use the alley; however, the area could be used for a tandem parking space. Mr. Person suggested that the two parking spaces at the rear of the restaurant and an additional tandem parking space between the buildings would meet the parking requirements if one of the on -site parking spaces is eliminated so as to provide space for the second trash enclosure. Mr. Person explained that the patio enclosure would consist of a high -grade unbreakable glass. Mr. Chuck Baur, applicant, appeared before the Planning Commission to describe the reinforced glass enclosure. In response to a question posed by Commissioner Glover, Mr. Baur replied that an enclosed trash container would not be workable adjacent to the patio. In response to a question posed by Chairman Edwards, Mr. Person described the areas that could be used for the additional tandem parking space and the proposed trash enclosure area.. In response to questions posed by Commissioner Gifford, Mr. Hewicker explained that the Planning Commission could add a condition indicating that the applicant would be allowed to create r -15- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 19, 1992 ROLL CALL INDEX one additional tandem parking space as a solution for finding the location for the existing dumpster. There being no others desiring to appear and be heard, the. public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 1791 All Ayes (Amended) subject to the findings and conditions in Exhibit "A", to modify Finding No. 4 and Condition No. 4, Exhibit "A". Commissioner Debay suggested that Condition No. 4 be revised to state that the applicants would be allowed to keep the gate, that the gate would remain open during business hours to accommodate two automobiles in the spaces, and to address the change regarding the additional tandem parking approval. MOTION CARRIED. . Findings 1. The proposed enclosure of the existing outdoor eating area is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed enclosure of the existing outdoor eating area will not increase the existing parking demand for the restaurant. 4. That the waiver of two additional parking spaces for the restaurant would not be detrimental to the neighborhood inasmuch as the existing on -site commercial uses have operated successfully without it, and there has not been any objections from surrounding homeowners with regard to an overflow of parking into the residential area. 5. That the design of the proposed improvements will not conflict with any easements acquired by the public at large -16- CORUMSSIONERS V RRIWOCAIP\�\� CITY OF NEWPORT BEACH MINUTES November 19, 1M ROLL CALL INDEX for access through or use of property within the proposed development. 6. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 7. That the approval of Use Permit No. 1791 (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 the proposed development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all previous applicable conditions of approval for Use Permit No. 1791 and subsequent amendments as approved on October 20, 1977 and September 8, 1988 shall be fulfilled. 3. That no increase in the "net public area" of the restaurant shall be permitted as a result of enclosing the outdoor eating area. 4. That prior to the issuance of building permits for the glass enclosure of the outdoor eating area, the applicants shall construct a second trash enclosure. Said enclosure may be located in one of the existing parking spaces adjacent to the liquor /grocery store, provided that an additional tandem parking space is located between the two buildings on the property. The gate between Parking Spaces No. 15 and 16 shall also remain open at all tunes during business hours to accommodate two automobiles. -17- d bN1 ONO 0\0k CITY OF NEWPORT BEACH MINUTES November 19, lYYL ROLL CALL IIVDEX 5. That the applicant shall obtain an as -built building permit for the enclosure of the existing garage. 6. That all improvements be constructed as required by Ordinance and the Public Works Department. 7. That the unused drive apron located along the Orange Street frontage be removed and replaced with curb, gutter and sidewalk. All work shall be completed under an encroachment permit issued by the Public Works Department. This work shall be completed prior to issuance of any Building Permits unless otherwise approved by the Public Works Department. 8. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building . permits for the proposed patio enclosure. 9. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 10. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -18- CITY OF NEWPORT BEACH MINUTES November 19, 19YZ [LOLL CALL INDEX Amendment No. 775 (Continued Public Hearing) Item No. Request to amend a portion of Districting Map No. 3 so as to A775 establish a 3 foot front yard setback on 3 lots from the existing 10 Cont ' d t, foot wide Clubhouse Avenue easement adjacent to the bulkhead 12/10/92 on the Rivo Alto Channel where the Districting Map currently designates a 3 foot front yard setback from the original front property lines, prior to the abandonment of a portion of the street right -of -way. LOCATION: Lot 1, Block 432, Canal Section and an abandoned portion of Clubhouse Avenue, located at 400, 400'/4 and 402 Clubhouse Avenue, on the northeasterly side of Clubhouse Avenue, between the Rivo Alto Channel and Finley Avenue, in West Newport. ZONE: R -2 APPLICANT: The City of Newport Beach James Hewicker, Planning Director, suggested that Item No. 5 be continued to the Planning Commission meeting of December 10, 1992, to allow the architect additional time to complete the survey of the property located at 400 Clubhouse Avenue. Motion Motion was made and voted on to continue Amendment No. 775 All Ayes to the December 10, 1992, Planning Commission meeting. MOTION CARRIED. -19- MINUTES CITY OF NEWPORT BEACH November 19, 1992 ROLL CALL INDEX Discussion Items: Discussio: Items Amendment No. 751 No. 1 Request to review and interpret previous conditions of approval A751 relative to the rezoning of property from the R -1 and R -2 Districts to the O -S District owned by the Newport Harbor Yacht Club that No Action permitted an expansion of an existing off - street parking area. Taken LOCATION: Lot 11, Block 5, East Newport, located at 717 West Bay Avenue, on the southerly side of West Bay Avenue, between 7th Street and 8th Street; and Lots 25 and 26, Block 5, East Newport, located at 706 and 708 West Balboa Boulevard, on the northerly side of West Balboa Boulevard, between 7th Street and 8th Street, on the Balboa Peninsula. ZONE: O -S APPLICANT: Newport Harbor Yacht Club, Balboa OWNER: Same as Applicant Commissioner Gifford stepped down from the dais because of a conflict of interest. James Hewicker, Planning Director, addressed the staff report and the reference to the boxed trees that were planted adjacent to the alley between the Newport Harbor Yacht Club parking lot and the adjoining residents to the east. He explained that the required fifth tree to be planted was a smaller tree than was required at the intersection of the street and the alley. The applicant attempted to acquire the height and the growth of the trees that were requested, the plans were approved, and the trees were planted; however, it was subsequently discovered only four large trees were planted in this area, and not five trees. If the Yacht Club would be required to plant the fifth large tree, it would mean excavating the . existing trees and to move them closer together. He said that -20- C0PAMSSIONERS J.1 • CITY OF NEWORT BEACH MINUTES 'RMW I I I I I I I November 19, 199L ROLL CALL INDEX given the number and size of trees that have been planted, and the rate that the trees would grow, the replacement of a fifth large tree with a smaller specimen would not make a difference. Motion Commissioner Pomeroy made a motion to take no action on the Amendment. The Planning Commission would agree with the neighbors and staff that the substitution of the larger, taller trees than required and one smaller tree is in substantial conformance with the approved plans. In response to a question posed by Chairman Edwards, Mr. Hewicker explained that the letter signed by the adjoining neighbors indicate that they concur with the existing landscaping. In response to a comment by Chairman Edwards, Robin Flory, explained that the Commission may take no action based on the finding that the project is in substantial conformance with the Re approved plans. s * * * * * * Absent * Motion was voted on, MOTION CARRIED. FINDING: 1. That the substitution of the larger taller trees and one smaller tree planted adjacent to the alley is in substantial conformance with the approved plans. General Plan Amendment No. 92 -3 No. 2 Request to initiate an amendment to the Newport Beach General GPA 92 -3 Plan as follows: Initiate E. Request of the Department of Harbors, Beaches and Parks, a part of the Environmental Management Agency of the County of Orange, to amend the General Plan Land Use Element and the Local Coastal Program, Land Use Plan to . increase the allowable development on the Westbay site -21- �;eW��p h CITY OF NEWPORT BEACH MINUTES Now ivovemner ly, iyyz ROLL CALL INDEX from 8,000 square feet to 10,000 square feet for the purpose of constructing an interpretive center in association with the development of the Upper Newport Bay Regional Park. James Hewicker, Planning Director, stated that in the development of the plans for the Upper Newport Bay Regional Park, it is intended to develop an interpretative center of 10,000 square feet as opposed to the 8,000 square feet that is currently allowed under the City's General Plan. The staff report addresses a 12,000 square foot interpretative center, the EIR addresses a 10,000 square foot interpretative center, and so staff has requested that the square footage be reduced to 10,000 square feet. Motion Motion was made and voted on to initiate General Plan All Ayes Amendment No. 92 -3 to the City Council and to direct staff to proceed with the preparation of any necessary environmental . documents and set for public hearing before the Planning Commission, and to add the subject General Plan Amendment to the October 8,1992, General Plan Amendment list. MOTION CARRIED. ADDITIONAL BUSINESS: Add l l - - Business Commissioner Debay referred to a letter that she wrote to the Planning Commission and staff regarding her thoughts and Debay appreciation and thanks for her past five years on the Planning Commission. Commissioner Pomeroy requested a proposed study of Floor Area Ratios and to address his concern regarding "mansionization" in Manonioni larger lots and not allowing enough buildable area on small lots. He suggested a variable Floor Area Ratio that would be less on larger lots and slightly higher on smaller lots. Discussion ensued -22- COMMISSIONERS W mZ\ 0 0 CITY OF NEWPORT BEACH MINUTES November 19, 1992 ROLL CALL INDEX between Commissioner Pomeroy and Mr. Hewicker regarding when staff would be able to submit the request to the Commission. Motion * Motion was made and voted on to excuse Commissioner Pomeroy lborperoy All Ayes from the Planning Commission meeting of December 10, 1992. excused MOTION CARRIED. ADJOURNMENT: 8:25 p.m. Adjourn ss: HARRY MERRHJ,SECRETARY . CITY OF NEWPORT BEACH PLANNING COMMISSION -23-