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HomeMy WebLinkAbout11/20/1986COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME. 7:30 p.m. DATE: November 20, 1986 y �y CITY OF NEWPORT BEACH ROLL CALL INDEX Present x x x x x x All Commissioners were present. EX- OFFICIO MEMBERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant. City Attorney William R. Laycock, Current Planning Administrator Patricia Temple, Environmental Coordinator Donald Webb, City Engineer Dee Edwards, Secretary Acting Chairman Koppelman presented former Planning Commissioner Clarence Turner a plaque in recognition of his term on the Planning Commission, and she • congratulated him for his election to the Newport Beach City Council. Minutes of November 6, 1986: Minutes Motion N Motion was made to approve the November 6, 1986, of All Ayes Planning Commission Minutes. Motion voted on, MOTION 11 -6 -86 CARRIED. Request for Continuance; Request for James Hewicker, Planning Director, stated that the Continuance applicant, The Irvine Company, has requested that Item No. 2, Resubdivision No. 836, a request to resubdivide various parcels of land into nine parcels located on property in Fashion Island, be continued to the Planning Commission meeting of December 4, 1986. Motion N Motion was made to continue Resubdivision No. 836 to All Ayes the Planning Commission meeting of December 4, 1986. • Motion voted on, MOTION CARRIED. x x COMMISSIONERS MINUTES 'fi A � af. F F f� � y �A November 20, 1986 �� 4� A S' N 9�` y CITY OF NEWPORT BEACH ROL CALL INDEX Exception Permit No. 25 (Discussion) Item No.l 0 Motion All Ayes is Request to install a second free - standing pole sign on a single site within the Cannery Village /McFadden Square Specific Plan Area where the Sign Code permits only one free- standing pole sign per site. LOCATION: Lots 2 - 20,. Block 127, Lake Tract, and a vacated portion of Newport Boulevard, located at 2727 Newport Boulevard, comprising the entire block bounded by 28th Street, Newport Boulevard, 26th Street and West Balboa Boulevard, within the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Continental Signs, Inc., Stanton OWNER: Independent Development Co., Inc., Newport Beach Mr. Frank Cardone, applicant, appeared before the Planning Commission and stated that he concurs with the findings and conditions in Exhibit "A ". Motion was made to approve Exception Permit No. 25 subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed sign will be compatible with surrounding land uses; and will not interfere with the.sight distances from automobiles or adjoining streets. 2. That the proposed signs will not have any signifi- cant environmental impact. 3. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neigh- borhood, or detrimental or injurious to property or. improvements in the neighborhood, or to the general welfare of the City. -2- EP25 Approved COMMISSIONERS y\yCCyacfyo CITY OF NEWPORT BEACH MINUTES November 20, 1986 ROL CALL INDEX CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and elevation. 2. That the applicant shall obtain building permits for the proposed sign prior to its installation. 3. That the final location of the sign shall be subject to the approval of the City Traffic Engineer and shall conform to City Standard 110 -L to ensure adequate sight distance. . Resubdivision No. 836 (Public Hearing) Item.No.2 8636 Request to resubdivide various existing parcels of land into nine parcels for commercial and off - street parking purposes on property located in the C -O -H District in Continued Fashion Island. to 12 -4 -86 LOCATION: Lots 1 - 8, Lots 10 - 12, Lot 20, Lots B - H, Lots J - P, Lots "A -1" and "J -1" of Tract No. 6015, with Parcels No. 2 and 3 of Parcel Map 67 -2,3 ( Resubdivision No. 466) and Parcels No. 2 and 3 of Parcel Map 75 -48 ( Resubdivision No. 499), located at 1001 Newport Center Drive, comprising the northwesterly portion of Fashion Island. ZONE: C-O -H APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER: Robert Bein, William Frost & Associates, Newport Beach Motion 3. Motion was made to continue Resubdivision No. 836, a All Ayes request to resubdivide various existing parcels of land into nine parcels on property located in Fashion Island, to the December 4, 1986, Planning Commission meeting. Motion voted on, MOTION CARRIED. -3- COMMISSIONERS MINUTES November 20, 1986 CITY OF NEWPORT BEACH IROLE-CALL I I I I INDEX A. Amendment No. 637 (Public Hearing) Item No.3 Request to amend the Newport Place Planned Community A637 Development Plan so as to reclassify property desig- TS nated as "Restaurant Site 2A" to "Professional and Business Offices Site 8" so as to permit the construc- Approved tion of a 54,000 sq.ft., four story office building on the property. The proposal also includes a modifica- tion to the Zoning Code so as to -permit the use -of compact parking for a portion of the required off- street parking spaces*; a request to provide off-street parking based on a formula of one parking space for each 250 square feet of net floor area rather than one parking space for each 225 square feet; and the accep- tance of an environmental document. AND B. Traffic Study (Public Hearing) Request to approve a traffic study so as to permit the construction of a 54,000 sq.ft. office building within the Newport Place Planned Community. LOCATION: Parcel No. I of Parcel Map 61-9 (Resubdivision No. 423), located at 990 Dove Street, on the southerly side of Bowsprit Drive between Dove Street and MacArthur Boulevard, in the Newport Place Planned Community.* ZONE: P-C Ware & Malcomb Architects, Inc., Irvine OWNER: L. L. McDonald, Anaheim James Hewicker, Planning Director, responded to the following inquiries that have been made regarding the subject application: If the penthouse was eliminated and 208 parking spaces were provided, there would be a ratio of one parking space per each 225.3 square feet, which would still require a modification; that a study format will be presented at the Planning Commission meeting of December 4,. 1986, regarding a General Plan Amendment previously initiated for the airport area by the City Council and Planning Commission; however, two projects including the subject project, do not fall under the classification of General Plan Amendment; that the Parking Demand Study for this project was compiled during the peak times of the day. -4- COMMISSIONERS (ROLL CALL is 0 MINUTES November 20, 1986 CITY OF NEWPORT BEACH Patricia Temple, Environmental Coordinator, presented a summary and comparison of the subject project as an Amendment to the Newport Place Planned Community Development Plan to the project proposed under the General Plan Amendment No. 86 -1. Ms. Temple explained that the proposed project was delayed because of the proposed and subsequent changes to the Traffic Phasing Ordinance, and later a Parking Demand Study. She further explained that the City's Traffic Engineer compared the subject project to comparable structures on different occasions and at different times of the day. She said that the.parking demand ranged from one parking space per each 225 square feet, to one parking space per each 419 square feet. Discussion followed regarding the time of day that the Parking Demand Study was taken; the October, 1978, approval of one parking space per 250 square foot requirement for Mitsui Manufacturers Bank; and the time frame that the aforementioned General Plan Amendment and the area North of the Bristol Corridor would come before the Planning Commission. The public hearing was opened in connection with this item. Mr. Bruce McDonald, co -owner and applicant of the proposed project, appeared before the Planning Commission. Mr. McDonald presented a brief background of the subject' site, and he summarized the subject application. Mr. McDonald advised that the applicants agree to perform the mitigation measures required at the intersection of MacArthur Boulevard and Jamboree Road in conformance with the Traffic Phasing Ordinance. He commented that the proposed project exceeds the Floor Area Ratio of other buildings within the Newport Place Planned Community; however, he opined the traffic impact on the City's streets has met with the Traffic Phasing Ordinance criteria. Mr. McDonald briefly described the design features of the proposed plan by stating that the proposed 13,000 square foot first floor transfers the square footage of the building up to a larger second and third floor which cantilever out to the penthouse that exists on 30 percent of the roof area. Mr. McDonald commented that the applicants are prepared to begin construction in December. -5- INDEX COMMISSIONERS MINUTES November 20, 1986 CITY OF NEWPORT BEACH INDEX In response to a question posed by Commissioner Merrill regarding the open area on the first floor, Mr. McDonald replied that 25 percent of the first floor consists of landscaping, and that 50 percent of the required parking is within the subterranean parking structure. In response to a question posed by Commissioner Kurlander regarding the penthouse, Mr. McDonald opined that there would be a traffic impact on MacArthur Boulevard and Jamboree Road intersection regardless of the proposed penthouse. In response to a question posed'by Acting Chairman Koppelman regarding the parking ratio of one parking space for each 250 square ' feet vs. one parking space for each 225 square feet, Mr. McDonald replied that if additional parking is required that the additional parking would need to be added to the subterranean parking structure. Mr. Jose Aran, representing the applicants, appeared before the Planning Commission and added the following comments to Mr. McDonald's aforementioned remarks regarding the design of the proposed project: that the first floor area consists of 82 percent of open space; the top of the mechanical screen matches the parapet of the penthouse; the exterior face of the penthouse - mechanical screen is recessed 12 feet from the rest of the building; and that the proposed structure is a three story building with a mechanical screen on top. Mr. Bill Langston appeared before the Planning Commission to state that his proposed project is on the December 4, 1986, Planning Commission agenda, and is the aforementioned second project that is not included in the General Plan Amendment. Mr. Langston requested that his project not be affected by the action taken by the Planning Commission regarding the subject application. The public hearing was closed at this time. Discussion followed between Commissioner Merrill and Mr. Hewicker regarding how the study of the parking • demands was calculated for buildings referred to in the Consultant's report. In response to Commissioner Kurlander's aforementioned inquiry regarding the impact that a reduction of 6,000 square feet would have on the MacArthur Boulevard and -6- COMMISSIONERS A CITY OF NEWPORT BEACH MINUTES November 20, 1986 ROL CALL I INDEX Jamboree Road intersection, Mr. Webb replied that as a result of his calculations that the intersection would still need to be modified. In response to Commissioner Merrill's aforementioned questions regarding the Consultant's parking report, Ms. Temple replied that the time of day indicated on the chart indicates peak hours for each day surveyed. She commented that the occupancy rate at 1300 Bristol Street shows the lowest demand for parking; however, the parking demand was not out of line with the buildings that were,also' included in the study. Acting Chairman Koppelman referred to the General Plan Amendment that has been initiated for the general vicinity of John Wayne Airport, and the traffic demands for the entire area. She commented that the allowable Floor Area Ratio within the Newport Place Planned Community does not exceed 0.63; however, the proposed project is requesting 0.75 Floor Area Ratio, and that the developers within the vicinity will be observing what the City is approving for the subject area and will indicate to the developers what could be approved. Motion x Motion was made to approve the Environmental Document, Traffic Study, Amendment 637, and the Modification subject to the findings and conditions in Exhibit "B ", and to amend Modification Condition No. 10 from one space for each 250 square feet of net floor area to one space for each 225.3 square feet of net floor area, which would reduce the Floor Area Ratio to 0.66 on the site. Discussion followed between Acting Chairman Koppelman Commissioner Person, and Commissioner Kurlander regarding the penthouse and the deletion of 6,000 square feet, and Acting Chairman Koppelman stated that the applicant may delete 6,000 square feet wherever they wish from the proposed project. Commissioner Winburn advised that she will support the motion based on the amended parking requirements. Discussion followed regarding Condition No. 2, Amendment No. 637, with reference to the proposed three stories from four stories. Acting Chairman Koppelman stated that her intent was not to reduce the height of the building. -7- COMMISSIONERS MINUTES fG�o tS + November 20, 1986 yB 9 99'�,p 9y y�`y CITY OF NEWPORT BEACH 9yc^,n ROLL CALL INDEX In accordance with the aforementioned modifications to Amendment No. 637, Ms. Temple recommended the following changes: Condition No. 2 stating "Change Section -II.C. Building Height, Site 8 from 54,000 square feet and four stories to 48,000 square feet and three stories" be deleted; that Condition No. 1 state "Change "Statistical Analysis - Part II.B. Building Area - Site 8" to 48,000 square feet and the total of the eight office sites to 1,383,256 square feet; and that Condition No. 3 become Condition No. 2. Ms. Temple explained that the 48,000 square foot limit produces a Floor Area Ratio of 0.66. Motion voted. on to approve the Environmental Document, Traffic Study, Amendment 637 including the modification to Condition No. 1, delete Condition No. 2, Condition No. 3 shall become Condition No. 2, and the Modification including amended Condition No. 10. All Ayes MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT Findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the de- cisions on this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce poten- tially significant environmental effects, and that the project will not result in significant en- vironmental impacts. Mitigation Measures: 1. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 3. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. -8- COMMISSIONERS A CITY OF NEWPORT BEACH MINUTES November 20, 1986 ROL CALL INDEX 4. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the 'project design. 5. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 6. That any roof top or. other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 Dba at the property line. 7. That any. mechanical equipment and emergency power generators shall be screened from view and noise associated with said installations shall be sound attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be ap- proved by the Planning Department. 8. That prior to the* issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 9. That all access to the buildings be approved by the Fire Department. B. TRAFFIC STUDY Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the proj- • ect- generated traffic will be greater than one percent of the existing traffic during the morning and afternoon 2.5 hour peak period on any leg of -9- COMMISSIONERS MINUTES ,k\ �At^\�i�\�G��a\C+\ November 20, 1986 CITY OF NEWPORT BEACH INDEX two critical intersections, and will add to an unsatisfactory level of traffic service one critical intersection which will have an Inter - section Capacity Utilization of greater than .90. Condition: 1. That prior to the occupancy of the proposed project, the circulation system improvements identified in the. Traffic Study for the inter- section of .MacArthur Boulevard and Jamboree Road shall also have been constructed, (unless subse- quent project approval requires modification thereto). The circulation system improvements shall be subject to the approval of the City Traffic Engineer. C. AMENDMENT NO. 637: 1. Change "Statistical Analysis - Part II.B. Building Area - Site 8" to 48,000 sq.ft. and the total of the eight office sites to 1,383,256 sq.ft. 2. Change Section II.D. Parking Criteria Site 8 from 231 cars to 184 cars and revise total to 6,023 cars. Findings: 1. The change in use of the site from restaurant to office will not result in any land use conflicts. 2. The revised office project is appropriate for the site. 3. That a reduction in the project to 48,000 sq.ft. is necessary to maintain consistency with planned development limits in the area. 4. That the Traffic Study suggests a circulation system improvement which will improve the level of traffic service to an acceptable level at the critical intersection. D. MODIFICATION: • Findings: 1. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. -10- COMMISSIONERS 0 • MINUTES November 20, 1986 CITY OF NEWPORT BEACH 2. The proposed number of compact car spaces consti- tutes 258 of the parking requirements which is within limits generally accepted by the Planning Commission relative to previous similar applica- tions. 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. The proposed modification for compact parking and provision of parking at a ratio of one space per 225.3 sq.ft. 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 detri- mental 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. Conditions: 1. That all improvements be constructed as required by ordinance and the Public Works Department. 2. That a standard agreement and accompanying surety be provided in order to guarantee a satisfactory completion of the public improvements if it is desired to obtain a building permit prior to completion of the public improvements. 3. That the on -site parking (including signing of compact and handicap spaces) , vehicular circu- lation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 4. That the intersection of Dove Street and the private drive be designed to provide sight dis- tance for a speed of 35 miles per hour. Slopes, landscaping, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirements may be approximately modified at non - critical locations, subject to approval of the Traffic Engineer. -11- INDEX COMMISSIONERS C MINUTES November 20, 1986 CITY OF NEWPORT BEACH 5. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and Public Works Department. 6. That the displaced portions of sidewalk be recon- structed along the Dove Street and MacArthur Boulevard frontages; that the existing drive approach on Dove Street be reconstructed using the City's Flared Apron STD - 166 -L; that curb access ramps be constructed at the intersections of Dove Street at Bowsprit Drive and Bowsprit at MacArthur Boulevard and that access ramps be constructed across the median island at Bowsprit and MacArthur Boulevard. That all work within the MacArthur Boulevard right -of -way be completed under an encroachment permit issued by CalTrans. All other work shall be completed under an encroachment permit issued by the Public Works Department. I I I I I I 1 1 7. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any building permits. Any modifications or extension to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 8. That County Sanitation District fees be paid prior to issuance. of any building permits. 9. The driveway shall be designed in accordance with Std. 110 -L for sight distance requirements. 10. That parking shall be provided at a rate of one space for each 225.3 sq.ft. of net floor area, as defined by the Newport Beach Municipal Code. 11. That compact parking 'shall not exceed 258 of the parking spaces provided. -12- INDEX COMMISSIONERS • • MINUTES November 20, 1986 CITY OF NEWPORT BEACH A. Resubdivision No. 835 (Continued Public Hearing) Request to resubdivide three existing lots and remove interior property lines so as to create two new parcels of land for single family residential purposes. The proposal also includes an exception to the Subdivision Code so as to establish a corner parcel with less than 6,000 square feet in area. WON B. Modification No. 3226 (Public Hearing) Request to permit the construction of a 6 foot high wall and pilasters which will encroach up to 7 feet, 8 inches into the required 10 foot front yard setback adjacent to Zurich Circle, encroach up to 1 foot, 8 inches into the required 4 foot setback adjacent to Via Zurich and encroach up to 6 feet into the required 7 foot, 6 inch setback adjacent to Strada Zurich. LOCATION: Lots 435, 436 and 437, Tract No. 907, located at 904 - 908 Zurich Circle, at the northeasterly corner of Via Zurich and Zurich Circle, on Lido Isle. ZONE: R -1 APPLICANT: Bruce Akins/Don Vodra, Newport Beach OWNER: Illinois Tool Works, Inc., Chicago James Hewicker, Planning Director, stated that correspondence has been received from the applicant, the Lido Isle Community Association conveying the recommendation of the Architectural Committee, and several letters and petitions from nearby residents concerning the project. Mr. Hewicker commented that the City is not in a position to enforce the Lido Isle Community Association CC &Rs; however, the City's responsibility is to enforce the Zoning Code, building regulations, and Subdivision Codes. In reference to the subject application, Mr. Hewicker explained that the applicant may demolish the existing single family dwelling, and construct three new single -13- INDEX Item No.4 R835 Mod. No. 3226 Approved COMMISSIONERS ROLL CALL MINUTES November 20, 1986 CITY OF NEWPORT BEACH family dwellings on the three existing lots that would be in accordance with the Zoning Code. Mr. Hewicker pointed out that the subject three lots have a total buildable area of 8,452 square feet; however, he commented that to resubdivide the three lots into two lots, there would be a reduction of the buildable area. Mr. Hewicker stated that the gross floor area of the single family dwelling on Parcel No. 1 is 4,239 square feet and the other home proposed has a gross floor area of 4,624 square feet on Parcel No. 2. In response to a question posed by Commissioner Kurlander, Mr. Hewicker replied that each proposed dwelling would be required to construct a two car garage. Commissioner Person commented that if the applicants developed a single family dwelling on each of the three subject lots they would not have to come before the Planning Commission or City Council, and the applicants would be able to apply for a Building Permit without • I I I( I I I I any discretionary approvals. Mr. Hewicker confirmed Commissioner Person's statement and he further commented that the applicants would not have to go to the Coastal Commission for an Administrative Permit. Is The public hearing was opened in connection with this item, and Mr. Bruce Akins, applicant, appeared before the Planning Commission. In reply to requests made by the Planning Commission to the applicants during the Planning Commission meeting of November 6, 1986, Mr. Akins responded as follows: the LICA Architectural Review Committee has approved and stamped plans of the subject application; that the corner lot has been enlarged to meet the 6,000 square foot requirement; that the wall encroachments into required yards are consistent with the neighborhood; that the applicants' research of the private deed restrictions on Zurich Circle show that one nearby property previously had a restriction that would affect the number of units on the building site, and the subject site had a similar restriction which has been removed. Mr. Don Vodra, applicant, appeared before the Planning Commission and addressed previous concerns of the Planning Commission as follows: that the applicants -14- INDEX COMMISSIONERS • MINUTES November 20, 1986 CITY OF NEWPORT BEACH will comply with the Lido Isle Community Association's CC &Rs parking zones and fire access requirements; and that the applicants will comply with recommendations made to them by consultants regarding the garage and driveway apron designs to allow for adequate turns, and ingress and egress to Zurich Circle. In response to a question posed by Commissioner Merrill, Mr. Akins reappeared before the Planning Commission and commented that the existing wall is on the sidewalk of the Strada Zurich with a zero setback in compliance with the Lido Isle Community Association's Architectural Committee so as to allow for planting and a storage boat area. Mr. Walker Smith III, 901 Zurich before the Planning Commission to showing which neighbors adjacent property object to the subject setbacks. Mr. Smith explained why tk to the proposed setbacks. Circle, appeared present diagrams to the subject application and �e neighbors object Discussion followed between Commissioner Person and Mr. Smith regarding what the applicants can build on the subject three lots. Mr. Hewicker pointed out that the subject modification pertains to the height and location of the proposed walls only. He commented that a letter has been received from the Lido Isle Community Association dated November 14, 1986, indicating that the Board of Directors have considered the subject modification. Commissioner Person and Mr. Hewicker discussed the letter received from the LICA, and questioned the reference in the letter to the "other issues ". Mr. Smith opined that the LICA avoided "other issues ". Mr. Vodra reappeared before the Planning Commission and commented that LICA chose not to take a position on the "other issues" but delegated the responsibility to the Architectural Committee. Mr. William R. Allen, 929 Via Lido Nord, appeared before the Planning Commission and commented that he was opposed to the application for the following reasons: that there are no garages currently on Zurich Circle; that the wall setbacks are not adequate; construction of the proposed high wall; the traffic -15- INDEX COMMISSIONERS MINUTES November 20, 1986 CITY OF NEWPORT BEACH INDEX circulation; and that the proposed garage will encroach onto the parking area across the street from the garage. Mr. Richard Frost, 403 Via Lido Soud, appeared before the Planning Commission in support of the application. He reasoned that the proposed project would improve and upgrade the neighborhood, and that there is adequate parking on Via Lido Nord and Via Lido Soud for the residents residing on Zurich Circle. Mr. Michael Schute, 121 Via Firenze, appeared before the Planning Commission in support of the application. Mr. Schute reasoned that the neighbors comments are based on tradition only within the neighborhood; however, the application is consistent with the CC &Rs. He commented that the current structure on site has not been occupied for several years and that the subject project would be an improvement to the area. • Mrs. Judith Longyear appeared before the Planning Commission. Mrs. Longyear stated that she is a member of the LICA Board of- Directors and that they are concerned that the CC &R requirement of 10 foot setbacks be enforced. In response to a question posed by Commissioner Person, Mrs. Longyear replied that the Board of Directors did not avoid a discussion regarding the setback issue at the LICA's meeting.. Mr. Akins reappeared before the Planning Commission and commented that there are no setback requirements in the CC &Rs for the subject site. He further commented that the location of the garden walls on Zurich Circle was designed by their architect to maintain consistency with the adjacent neighborhood. Mr. Bill Feeney, 208 Via Mentone, appeared before the Planning Commission, and is a member of the LICA Board of Directors and a liasion for the Architectural Committee. Mr. Feeney commented that the proposed project meets the requirements of the CC &Rs, and that LICA had no choice but to approve the application. From a personal point of view, Mr. Feeney further commented that the project is an improvement to the community and that the applicants have addressed the concerns of the adjacent neighbors. • -16- COMMISSIONERS o- a Gay s���C�o� gyypa CITY OF NEWPORT BEACH MINUTES November 20, 1986 ROL7EALL INDEX In response to a question posed by Commissioner Person, Mr. Feeney replied that the Board of Directors chose not to vote or take a stand regarding the Modification application. 'Mr. Dexter Godbey, 213 Via Cordova, appeared before the Planning Commission in support of the project. He said that instead of the setbacks on the property line, the applicants will be moving the setbacks back. He commented that the project' will be an improvement to the property as it exists today, and that this type of project will increase the property values to all of the property owners on Lido Isle. Mr. Rick Robinson, 213 Via Firenze, appeared before the Planning Commission in support of the proposed project. He complimented the applicants' previous projects that they have developed on Lido Isle, and he opined that the 10 foot setback is not consistent throughout Lido Isle. • The public hearing was closed at this time. Commissioner Person stated that the subject project will create two lots out of three lots which is more desirable for the neighborhood than if the applicant would tear down the existing structure and redevelop the property with three separate single family Motion dwellings. Motion was made to approve Resubdivision No. 835 and Modification No. 3226 subject to the findings and conditions in Exhibit "A ". Commissioner Merrill requested that Condition No. 2 of Modification No. 3226 be modified to state "that a 5 foot setback shall be maintained adjacent to Via Zurich and Zurich Circle.. ". Commissioner Person agreed to accept the amendment to Condition No. 2. Acting Chairman Koppelman discussed the 10 foot front yard setback, that Zurich Circle is a narrow street and Substitute a street that should maintain an integrity of openness. Substitute motion was made to approve Resubdivision No. Motion 835 and Modification No. 3226 subject to the alternative findings and conditions of approval in Exhibit "B ". Commissioner winburn stated that she will support the substitute motion .since she is in favor of maintaining the 10 foot setback adjacent to Zurich Circle. -17- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 20, 1986 INDEX Commissioner Merrill reasoned that the applicants are deleting space at the rear of the property and that they should be given the lost space at the front of the property. Ayes x x Substitute motion to approve Resubdivision No. 835 and Noes x x x x Modification No. 3226, subject to the alternative findings and conditions of approval in Exhibit "B" was voted on, MOTION DENIED. Motion to approve Resubdivision No. 835 and Modification No. 3226, subject to the findings and conditions of approval in Exhibit "A ", including the Ayes x x x x x aforementioned modified Condition No. 2 of Modification Noes x No. 3226, was voted on, MOTION CARRIED. Resubdivision No. 835 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. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivi- sion. CONDITIONS: 1. That a parcel map be recorded prior to issuance of any building permits unless otherwise approved by the Building Department and Public Works Depart- ment. 2. That the common property line between Parcels No. 1 and 2 shall be adjusted slightly so that Parcel No. 2 contains a minimum area of 6,000 sq.ft. i3. That all improvements be constructed as required by ordinance and the Public Works Department. -18- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 20, 1986 ROL CALL INDEX 4. 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 build- ing permit prior to completion of the public improvements. 5. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 6. That the deteriorated sidewalk along the Strada Zurich frontage shall be reconstructed. 7. That County Sanitation District fees be paid prior to issuance of any building permits. S. That the existing single family dwelling on the property shall be removed prior to the recording of the Parcel Map. 9. 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. Modification No. 3226 FINDINGS: 1. That the approved setback encroachments adjacent to Strada Zurich and Zurich Circle are consistent with setbacks maintained by walls on other proper- ties in the neighborhood. 2. That the proposed wall adjacent to Strada Zurich will maintain a greater setback from Strada Zurich than is maintained by the existing wall. 3. That an existing wall on the subject property currently encroaches 8 feet into the required 10 foot setback adjacent to Zurich Circle. 4. That the proposed walls will not affect the flow of light and air to adjoining residential prop- erties. -19- COMMISSIONERS MINUTES November 20, 1986 CITY OF NEWPORT BEACH 5. That there is adequate space to provide landscap- ing between the proposed walls and the sidewalk. 6. That the proposed encroachment into the required 4 foot setback adjacent to Via Zurich would impair sight distance for vehicles at the intersection of Via Zurich and Zurich Circle and would be detri- mental to the neighborhood. 0 1. That development shall be in substantial confor- mance with the approved plot plan, except as noted in the following conditions. 2. That a 5 foot setback shall be maintained adjacent to Via Zurich and Zurich Circle so as to maintain adequate sight distance for vehicular traffic and to provide adequate landscaped areas adjacent to the streets. 3. That the setback areas on the exterior of the walls shall be landscaped. The Planning Commission recessed at 9:15 p.m. and reconvened at 9:25 p.m. -20- INDEX 7. ' That the approval of the encroachments into the required setbacks adjacent to Strada Zurich and Zurich Circle will not, under the circumstances of this particular case, he detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimen- tal 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. CONDITIONS: 0 1. That development shall be in substantial confor- mance with the approved plot plan, except as noted in the following conditions. 2. That a 5 foot setback shall be maintained adjacent to Via Zurich and Zurich Circle so as to maintain adequate sight distance for vehicular traffic and to provide adequate landscaped areas adjacent to the streets. 3. That the setback areas on the exterior of the walls shall be landscaped. The Planning Commission recessed at 9:15 p.m. and reconvened at 9:25 p.m. -20- INDEX COMMISSIONERS • MINUTES November 20, 1986 CITY OF NEWPORT BEACH Use Permit No. 1816 (Amended) (Public Hearing) Request.to amend a previously approved use permit which permitted the on -sale service of beer and wine in conjunction with the existing Beachcomber Coffee Shop on property located in the "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposed amendment involves a request to operate the restaurant on a 24 hour basis whereas the existing facility was permitted to operate from 7:00 a.m. to 2:00 p.m. daily. LOCATION: Portion of Lot H, Tract No. 919, - located at 2633 West Coast Highway, on the southerly side of West Coast High- way, westerly of Tustin Avenue in Mariner's Mile. ZONE: SP -5 APPLICANT: Bo Bentley, Newport Beach OWNER: James F. Parker, Newport Beach William Laycock, Current Planning Administrator, recommended that the following standard condition be added to the conditions in Exhibit "A" as Condition.No. 3: "That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community." The public hearing was opened in connection with this item, and Ms. Bo Bentley, applicant, appeared before the Planning Commission. She reasoned that the additional hours will allow adequate time for restaurant maintenance; that the operation of the restaurant will remain the same; and that there have been many requests from customers to keep the restaurant open 24 hours. The public hearing was closed at this time. x Motion was made to. approve Use Permit No. 1816 *yes (Amended) subject to the findings and conditions of approval, including aforementioned Condition No. 3. Motion voted on, MOTION CARRIED. -21- INDEX Item No.5 UP 1816A Approved. COMMISSIONERS A �G 90999! .p�%y 9y y !lpyol,; y c^9 'y FD CITY OF NEWPORT BEACH MINUTES November 20, 1986 ROLIFEALL INDEX FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, and is compatible with surrounding land uses. 2. The proposed 24 hour operation will not have any significant environmental impact. 3. That there is adequate parking being provided for the subject restaurant. 4. That the approval of Use Permit No. 1816 (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 all previous applicable conditions of Use Permit No. 1816 and Variance No. 1087 shall be fulfilled. 2. That the restaurant facility shall be permitted to operate on a 24 hour basis. 3. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. i -22- COMMISSIONERS Am CITY OF NEWPORT BEACH MINUTES November 20, 1986 ROLIFEALL INDEX Use Permit No. 2035 (Extension) (Public Hearing) Item No.6 Request to extend a previously approved use permit bP2035(Ext) which permitted the establishment of a Chinese Restau- rant with on -sale beer and wine on property located in Approved . the "Retail Service Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included an off -site parking agreement for all of the required off - street parking spaces. LOCATION: A portion of Lot F, Tract No. 919, located at 2930 West Coast Highway, on the northerly side of West Coast High- way, between Riverside Avenue and North Newport Boulevard, in Mariner's Mile. ZONE: SP -5 APPLICANTS: Ye -Ter Mau and Wei -Tzan Mau, Inglewood OWNER: Said Shokrian, Corona del Mar William Laycock, Current Planning Administrator, recommended Condition No. 14 be added as follows to the conditions in Exhibit "A ", regarding the washout area for the trash containers: "That prior to the reopening of the restaurant, the washout area for trash containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the storm drain unless otherwise approved by the Building Department." In response to a question posed by Acting Chairman Koppelman, Mr. Laycock replied that the Code Enforcement Officer from the Planning Department will be in the field to be sure that the condition has been met and to make sure that all of the other conditions have been complied with prior to the opening of the restaurant. Discussion followed between the Planning Commission and staff regarding the duties of the Code Enforcement Officers, and how the. conditions of approval can be governed. In response to a question posed by Commissioner Merrill regarding bonding, Mr. Hewicker explained that • contractors are required to post some type of security -23- COMMISSIONERS MINUTES \&\ �OF� ;�n��G`�0��� November 20, 1986 CITY OF NEWPORT BEACH INDEX with the Building Department having to do with temporary power, and that if the facility opens for business prior to the fulfilling of all of the conditions of approval then the City holds on to the security. The public hearing was opened in connection with this item, and Mr. Dennis O'Neil, 4041 MacArthur Boulevard, appeared before the Planning Commission on behalf of the applicants. Mr. O'Neil stated that for the most part the applicants concur with the findings and conditions in Exhibit "A" with the following exceptions: Condition No. 6 regarding the landscape plan: Mr. O'Neil suggested concrete or wooden container boxes 20 feet by 2 feet adjacent to the sidewalk and the parking lot; that the applicant does not want to get involved in a large scale landscaping plan because of their 5 year lease; and that instead of the landscape plan be • approved by the Planning Department, Parks, Beaches and Recreation Department, and the Public Works Department, that perhaps the Parks, Beaches and Recreation Department or Planning Department would be appropriate because approval of all of the departments may take more time than necessary. Condition No. 9 regarding kitchen exhaust fans: Mr. O'Neil stated that the applicants have requested that "unless otherwise approved by the Building Department" be deleted. Condition No. 10 regarding grease interceptors: Mr. O'Neil stated that the applicants have stated that the said grease interceptors were not previously required because of their type of operation; however, Mr. O'Neil opined,that the Plumbing Code may require the grease interceptors today. He pointed out that the applicants' concern is the additional expense for only 5 years. Condition No. 14 regarding the trash containers: Mr. O'Neil advised that the trash container is 90 feet from the restaurant kitchen area, and that the trash containers are cleaned by a service on a weekly basis • which should adequately take care of the concern of the City. In response to the aforementioned concerns by the applicants, Mr. Hewicker replied that this is the applicants' second 5 year lease, and he rebutted as follows- -24- COMMISSIONERS Zm�'p' Zo9 f�� �y�Zti CITY OF NEWPORT BEACH MINUTES November 20, 1986 ROLL CALL INDEX Condition No. 6 regarding the landscaping: Mr. Hewicker said that landscaping in containers on top of the ground is recommended. He said that all landscaping is reviewed by the Planning Department because of the knowledge of the conditions from the Planning Commission; the Parks, Beaches, and Recreation Department because of the landscape architect on staff; and the Public Works Department to be sure that there are no sight distance obstructions adjacent to the driveway onto West Coast Highway. He pointed out that the three departments are conveniently located within City Hall. Condition No: 9 regarding the exhaust fans: Mr. Hewicker replied that the deletion "unless otherwise approved by the Building Department" would make the exhaust fans mandatory instead of an option. Staff would have no objection to the applicants' request._ Condition No. 10 regarding grease interceptors: Mr. Hewicker replied that problems could be created if the grease would get into the sewer system, and because this is an extended lease, staff would like to see the problem addressed. Condition No. 14 regarding the washout area for trash: Mr. Hewicker replied that because of the close proximity to the bay, staff would like to see the problem addressed. The public hearing was closed at this time. In response to questions posed by the Planning Commission regarding the applicants' trash container service, Mr. Jack Mau, applicant, appeared before the Planning Commission, and stated that the trash containers inside of the building are washed inside, and that the restaurant has had a trash container service since the 'opening of the restaurant 5 years ago. Motion x Motion was made to approve Use Permit No. 2035 (Extended) subject to the findings and conditions of approval in Exhibit "A ", including amended Condition No. 9 to state "that the kitchen exhaust fans shall be designed to control odors and smoke. ", as recommended by the applicant, and added Condition No. 14: "That • prior to the reopening of the restaurant the washout Area for trash containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the storm drain unless otherwise approved by the Building Department." -25- COMMISSIONERS • MINUTES November 20, 1986 CITY OF NEWPORT BEACH In response to concerns posed by Commissioner Kurlander regarding Condition No. 14 requiring a trash container washout area, Mr. Hewicker replied that in regard to restaurants, the City has required that the owners have the proper drain in the restaurant connected to the sewer and also in the areas where the trash is stored be connected to the sewer system so that the water will go into the sewer as opposed to the storm drain. Commissioner Eichenhofer stated that her intent for Condition No. 1'4 was to state that the applicants would wash the inside trash containers located inside of the restaurant, and that the dumpster service would pick up the trash containers that are located outside. Acting Chairman Koppelman recommended that Condition No. 14 be modified to state Commissioner Eichenhofer's recommendation. Commissioner Person stated that he would support the motion. Commissioner Winburn advised that if the conditions of approval have not been met then the restaurant can be closed down. Acting Chairman Koppelman stated that if the conditions have not been met, the application will come back to the Planning Commission for review. Commissioner Person suggested a condition regarding an Occupancy Permit to be assured that the conditions of approval have been met by the applicant. Carol Korade, Assistant City Attorney, replied that the previously approved use permit could be allowed to expire and that the subject permit would not be effective until all of the conditions have been complied with. Mr. Hewicker confirmed that Condition No. 14 state as follows: that the condition to be imposed by the Planning Commission require that the trash containers be washed out inside the building with the exception of the dumpster containers which would be stored outside in a screened trash area, and that those containers would be picked up by a service where clean dumpsters would replace the ones that are filled. That there would be no washing of the exterior trash storage area in such a way that there would be fugitive water going into the parking lot and the storm drain. Commissioner Eichenhofer recommended that floor mats be included in the inside washout area. -26- II<aW�4 COMMISSIONERS AA - mG9y 9N °y9f o �'+fy�' �9 9y CITY OF NEWPORT BEACH MINUTES November 20, 1986 ROLL CALL INDEX Motion voted on to approve Use Permit No. 2035 (Extended) subject to the findings and conditions in Exhibit "A ", including amended Condition No. 9 and All Ayes aforementioned Condition No. 14. MOTION CARRIED. FINDINGS: 1. That the subject restaurant is consistent with the General Plan, the Local Coastal Program, the Mariner's Mile Specific Plan, and is compatible with surrounding land uses. 2. That the Police Department has indicated that they do not contemplate any problems. 3. That the proposed project will not have any significant environmental impact. 4. That the applicants continue to provide adequate off- street parking for the restaurant on an adjoining off -site parking lot. • 5. That the off -site parking area adjoins the subject property, and therefore, is so located to be useful to the proposed restaurant facility. 6. That the off -site parking spaces will not create undue traffic hazards in the surrounding area. 7. That the restaurant site and the off -site parking lot are under the same ownership, and the appli- cant will be a long term lessee of both sites if this application is approved. 8. That the approval of Use Permit No. 2035 (Exten- ded) 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 improve- ments in the neighborhood or the general welfare of the City. -27- COMMISSIONERS • MINUTES November 20, 1986 CITY OF NEWPORT BEACH CONDITIONS: 1. That development shall be in substantial confor- mance with the original approved floor plan, except as noted below and shall remove all illegal dining areas not previously shown on the approved plans. 2. That all previous conditions of approval for Use Permit No. 2035 are null and void. 3. That a minimum of one parking space for each 40 sq.ft. of "net public area" shall be provided for the restaurant facility. 4. That prior to reopening the subject restaurant, all mechanical equipment and trash areas shall be screened from public streets, or adjoining prop- erties. 5. That the off -site parking lot shall continue to be marked with approved traffic markers or painted white lines not less than 4 inches wide. 6. That prior to the reopening of the restaurant, the applicant shall prepare and implement a landscape plan for the off -site parking area which shall utilize containerized trees and landscaping. Said landscape plan shall be approved by the Planning Department, Parks, Beaches and Recreation Depart- ment and the Public Works Department. 7. That employees of the restaurant use shall park in the off -site parking lot at all times. 8. That any parking lot lighting shall be maintained so as to eliminate any light or glare upon surround- ing properties and West Coast Highway. 9. That the kitchen exhaust fans shall be designed to control odors and smoke. 10. That grease interceptors shall be installed on all fixtures where grease may be introduced into the drainage system in accordance with the provisions of the Uniform Plumbing Code. -28- Ire, COMMISSIONERS MINUTES yOO n November 20, 1986 CITY OF NEWPORT BEACH ROLL CALL I I rT I INDEX 11. That the applicant shall continue to provide a minimum of 18 off -site parking spaces on property described as a portion of Lot F, Tract No. 919 for the duration of the restaurant facility located at 2930 West Coast Highway. The required number of parking spaces may be reduced to 12 spaces when a portion of the restaurant use is eliminated in conjunction with the widening of West Coast Highway. 12. That prior to reopening the subject restaurant, the applicant shall dedicate to the City for street and highway purposes, the applicants' interest in the 12 foot wide strip of land adja- cent to West Coast Highway and across the West Coast Highway frontage. The strip is to be used in the future for the widening of West Coast Highway. 13. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, cause's injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 14. That the trash containers shall be washed out inside the building with the exception of the dumpster containers which shall be stored outside in a screened trash area, and that those containers shall be picked up by a service where clean dumpsters are used to replace the dumpsters that are filled. No washing of the exterior trash storage area shall be permitted so that there would be fugitive water going into the parking lot and the storm drain. Floor mats shall be required in the interior washout area. x � A D J.O U R N M E N.T: 10:10 P.M. Adjournment • PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -29-