HomeMy WebLinkAbout12/06/1984V\ /V \DJIUNtK�
REGULAR PLANNING COMMISSION MEETING
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PLACE:
City Council Chambers
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TIME:
7:30 p.m.
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DATE:
December 6, 1984
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All Ayes
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All Present
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EX- OFFICIO MEMBERS PRESENT:
James D. Hewicker, Planning Director
Robert H. Burnham, City Attorney
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STAFF MEMBERS PRESENT
William R. Laycock, Current Planning Administrator
Robert Lenard, Advance Planning Administrator
Patricia Temple, Environmental Coordinator
Sandy Genis, Associate Planner
Donald Webb, City Engineer
Dee Edwards, Secretary
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Minutes of November 8, 1984
Motion was made for approval of the Planning Commission
minutes of November 8, 1984, with the correction that
on Page 3, paragraph 2, and Condition No. 21, that the
word "assurance" be revised to read "insurance ", which
MOTION CARRIED.
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Resubdivision No. 787 (Continued Public Hearing)
Request to resubdivide an existing parcel of land into
two parcels for development on property located in Area
2 of the North Ford- Planned.Community.
LOCATION: Parcel No. 1 of Parcel Map No. 41 -26,
located at 1101 and 1133 Camelback
Street, on the westerly side of
Camelback Street, between Bison Avenue
and MacArthur Boulevard, in the North
Ford Planned Community.
ZONE: P -C
MINUTES
Minutes
Item #1
R 787
Approved
Condition-
ally
Motion
All Ayes
COMMISSIONERS
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APPLICANT: Rodgoway /Borkovetz Associates, Los
Angeles
OWNER: United States Postal Service, Los
Angeles
ENGINEER: Same as applicant
The public hearing opened in connection with this item,
and Mr. Robert House, representing the U. S. Postal
Service, appeared before the Planning Commission. (Mr.
House informed the Planning Commission that he had not
read the findings and conditions in Exhibit "A ".
Chairman Winburn delayed further action. on this item
until after the completion of Item No. 2.) After the
delay, Mr. House stated that he agreed with the
findings and conditions in Exhibit "A ".
Motion was made to approve Resubdivision No. 787,
subject to the findings and conditions in Exhibit "A ".
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.
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.
2. That the applicant shall record a covenant, the
form and content of which is acceptable to the
City Attorney, stating that Parcel No. 2 shall be
used only for outdoor storage purposes, parking,
or other uses that, in the opinion.of the Planning
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COMMISSIONERS
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December 6, 1984
of Newwrt Beach
Director, are similar in nature, unless and until
a General Plan Amendment and any related
applications necessary to permit development on
the site are approved by the City. This covenant
and the subject parcel map shall be recorded
concurrently.
3. That all improvements be constructed as required
by ordinance and the Public Works Department.
4. That a subdivision agreement and accompanying
surety be provided to guarantee satisfactory
completion of the public improvements if it is
desired to record the parcel map or obtain a
building permit prior to completion of the public
improvements.
5. That each building be served with individual water
services and sewer lateral connections to the
public water and sewer systems unless otherwise
approved by the Public Works Department.
6, That on -site parking, vehicular circulation and
pedestrian circulation systems be subject to
further review by the Traffic Engineer.
7. That the intersection of the private drives with
the public street be designed to provide sight
distance for a speed of 40 miles per hour.
Slopes, landscaping, walls and other obstructions
shall be considered in the sight distance require-
ments. Landscaping within the sight distance line
shall not exceed twenty -four inches in height.
The sight distance requirement may be approximate-
ly modified at non - critical locations, subject to
approval of the Traffic Engineer.
8. That the landscape plans shall be subject to
review and approval of the Parks, Beaches and
Recreation Department and Public Works Department.
9. That full width sidewalk be constructed along the
Camelback Street frontage under an encroachment
permit issued by the Public Works Department.
10. That prior to the issuance of building permits for
the site, the applicant shall demonstrate to the
satisfaction of the Public Works Department and
the Planning Department that adequate sewer
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December 6, 1984
of Newwrt Beach
Director, are similar in nature, unless and until
a General Plan Amendment and any related
applications necessary to permit development on
the site are approved by the City. This covenant
and the subject parcel map shall be recorded
concurrently.
3. That all improvements be constructed as required
by ordinance and the Public Works Department.
4. That a subdivision agreement and accompanying
surety be provided to guarantee satisfactory
completion of the public improvements if it is
desired to record the parcel map or obtain a
building permit prior to completion of the public
improvements.
5. That each building be served with individual water
services and sewer lateral connections to the
public water and sewer systems unless otherwise
approved by the Public Works Department.
6, That on -site parking, vehicular circulation and
pedestrian circulation systems be subject to
further review by the Traffic Engineer.
7. That the intersection of the private drives with
the public street be designed to provide sight
distance for a speed of 40 miles per hour.
Slopes, landscaping, walls and other obstructions
shall be considered in the sight distance require-
ments. Landscaping within the sight distance line
shall not exceed twenty -four inches in height.
The sight distance requirement may be approximate-
ly modified at non - critical locations, subject to
approval of the Traffic Engineer.
8. That the landscape plans shall be subject to
review and approval of the Parks, Beaches and
Recreation Department and Public Works Department.
9. That full width sidewalk be constructed along the
Camelback Street frontage under an encroachment
permit issued by the Public Works Department.
10. That prior to the issuance of building permits for
the site, the applicant shall demonstrate to the
satisfaction of the Public Works Department and
the Planning Department that adequate sewer
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facilities will be available for the project.
Such demonstration shall include verification from
the Irvine Ranch Water District.
11. County Sanitation District Fees shall be paid
prior to issuance of any building permits.
12. That sewer service be provided as required.by the
Irvine Ranch Water District.
13. That the United States Postal Service and the
Irvine Company shall execute an agreement to
reverse the flow of vehicular traffic through the
Post Office site. The agreement shall require the
developer of the North Ford residential units to
prepare the necessary improvement plans and to
construct all modifications required to implement
the reversal of traffic flow. All construction
shall be completed in a manner approved by the
United States Postal Service, and must not
interfere with Post Office operations. This
agreement must be executed prior to recordation of
the parcel map. The form and content of the
agreement shall be approved by the City Attorney.
14. That a workable concept to accomplish the reversal
of the flow of vehicular traffic through the Post
Office site shall be approved by the United States
Postal Service and the Public Works Department
prior to recordation of the parcel map.
15. That the location and number of drives serving
Parcel No. 2 shall be approved by the Public Works
Department.
16. 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.
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A. General Plan Amendment No. 81 -2(f) (Public Hearing)
Request to amend the Recreation and Open Space Element
of the Newport Beach General Plan, and related amend-
ments to the Land Use Element and Circulation Element
of the General Plan, and the acceptance of an environ-
mental document.
FITMO
B. Amendment No. 6 to the Certified Local Coastal
Program, Land Use Plan (Public Hearing)
Request to amend the Certified Local Coastal Program,
Land Use Plan, as it relates to proposed changes to the
Land Use Element of the General Plan, included in
General Plan Amendment No. 81 -2(f).
INITIATED BY: The City of Newport Beach
Planning Director James Hewicker informed the Planning
Commission that the Planning Department has received a
draft Recreation and open Space Element letter from the
Irvine Company; however, Mr. Hewicker commented that he
has not had an opportunity to review same.
The public hearing opened in connection with this item.
Mr. Dave Dmohowski representing The Irvine Company,
appeared before the Planning Commission, and
distributed a letter dated December 5, 1984. Mr.
Dmohowski stated that the Irvine Company is concerned
that adequate time be allocated to study the Open Space
and Recreation Element, primarily because the revision
will significantly affect The Irvine Company's property
in Newport Beach.
Mr. Dmohowski reviewed The Irvine Company's letter
dated December 5, 1984, addressed to the Planning
Commission, stating that The Irvine Company's greatest
concerns are in the following areas:
1. Park Dedication Ordinance /In Lieu Fees
2. The Park Credits for View Parks
3. Open Space Conservancy
4. Cost Impacts on Private Development
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NENMMEW�
Item #2
General
Plan
Amendment
No.81 -2(F)
Amendment
No. 6
Continued
to
January 10
1985
MMISSIONERS
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December 6, 1984
of Newport Beach
5. Open Space Overlay
6. Scenic Areas/View Protection
Sites of specific concern to The Irvine Company are:
Castaways; Westbay view Park; Pacific Coast Highway
Mini Park; Eastbluff Remnant; Bayview Mini Park;
Newporter North View Park; Newport Village Neighborhood
Park; OASIS; Buck Gully; Marguerite
View Park and Environmental Characteristics.
The Irvine Company recommends that the Recreation and
Open Space Element be written into form as a guideline
or policy as opposed to identifying specific proposals
for specific properties, such as the alignment or the
location of the Bluff top roadway or precise boundary
of proposed view parks.
Mr. Tom Hyans, 217 - 19th Street, briefly reviewed the
history of Marinapark and cited that the leases of the
mobile home park will expire in September, 1985. Mr.
Hyans maintains that there are currently 23 permanent
residents and 35 vacation homeowners in Marinapark.
Mr. Hyans opined that the leases are currently far
below market rates. As a former member of the
Marinapark Study Committee of the Parks, Beaches and
Recreation Commission committee, Mr. Hyans strongly
recommends that the Planning Commission accept the
Committee's proposal for a community center and
recreational site.
Mr. Peter Drummond, President, Dover Shores Homeowners
Association, appeared before the Planning Commission
expressing the homeowners' concern regarding North Star
Beach. Mr. Drummond cited that the plans for the
Aquatic Center at North Star Beach provide restrooms
and parking for the public. Mr. Drummond also stated
that the homeowners do not want new sand on the beach
because the sand would probably wash away within a
year. Mr. Drummond stated the homeowners have
requested that the beach remain in its current
condition.
Chairman Winburn read a proposed amendment regarding
North Star Beach, from the Parks, Beaches and
Recreation Commission dated December 6, 1984,
clarifying that no restrooms or parking will be
provided in addition to those to be incorporated into
the Aquatic Center.
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December 6, 1984
of Newport Beach
5. Open Space Overlay
6. Scenic Areas/View Protection
Sites of specific concern to The Irvine Company are:
Castaways; Westbay view Park; Pacific Coast Highway
Mini Park; Eastbluff Remnant; Bayview Mini Park;
Newporter North View Park; Newport Village Neighborhood
Park; OASIS; Buck Gully; Marguerite
View Park and Environmental Characteristics.
The Irvine Company recommends that the Recreation and
Open Space Element be written into form as a guideline
or policy as opposed to identifying specific proposals
for specific properties, such as the alignment or the
location of the Bluff top roadway or precise boundary
of proposed view parks.
Mr. Tom Hyans, 217 - 19th Street, briefly reviewed the
history of Marinapark and cited that the leases of the
mobile home park will expire in September, 1985. Mr.
Hyans maintains that there are currently 23 permanent
residents and 35 vacation homeowners in Marinapark.
Mr. Hyans opined that the leases are currently far
below market rates. As a former member of the
Marinapark Study Committee of the Parks, Beaches and
Recreation Commission committee, Mr. Hyans strongly
recommends that the Planning Commission accept the
Committee's proposal for a community center and
recreational site.
Mr. Peter Drummond, President, Dover Shores Homeowners
Association, appeared before the Planning Commission
expressing the homeowners' concern regarding North Star
Beach. Mr. Drummond cited that the plans for the
Aquatic Center at North Star Beach provide restrooms
and parking for the public. Mr. Drummond also stated
that the homeowners do not want new sand on the beach
because the sand would probably wash away within a
year. Mr. Drummond stated the homeowners have
requested that the beach remain in its current
condition.
Chairman Winburn read a proposed amendment regarding
North Star Beach, from the Parks, Beaches and
Recreation Commission dated December 6, 1984,
clarifying that no restrooms or parking will be
provided in addition to those to be incorporated into
the Aquatic Center.
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The public hearing was closed at this time.
Commissioner Person, referring to Parks, Beaches and
Recreation recommendation, Program 1.3.1, Page 31,
clarified with the Staff that the conceptual plan
alternative adopted by the City Council Ad Hoc
Committee was not the Parks, Beaches and Recreation
Marinapark Study Committee recommendation. Mr. Hewicker
stated that the Planning Commission is not.committed to
any particular Commission or Committee's plan.
Commissioner Person commented that he supports the
Parks, Beaches and Recreation Commission's amended
report, emphasizing that Marinapark is owned by the
City.
Commissioner Turner commented that he agrees with Mr.
Drummond that North Star Beach does not need to be
up- graded and he requested that Staff make a
recommendation that the beach remain in its present
state. North Star Beach will be approximately 12 acres
after The Aquatic Center is built. Mr. Hewicker
responded that this area should be designated as
Recreational and Environmental Open Space and a
recommendation could be made by the Planning Commission
that no further development besides the Aquatic Center
be developed on North Star Beach.
Chairman Winburn requested the Planning Commission
review Service Area 1 - West Newport in the General
Plan.
Commissioner Goff commented that he believed there
would be an improved linear view park above the Cal
Trans parcel when Villa Balboa was approved. Mr.
Hewicker and Mr. Lenard stated that a view park has
been recommended. Staff agreed to research the matter
of the Villa Balboa park and the Cal Trans bluff park
further. Commissioner Goff requested that a change in
the bikeway path be made to extend to the linear view
park. Staff stated that the recommendation would be
made to the Bikeways Committee to be included in the
Master Plan of Bikeways.
Chairman Winburn requested the Planning Commission
review service Area 2 - Marinapark.
Commissioner Person stated that he was surprised that
Marinapark only includes 4.0 acres.. Commissioner
Person emphasized that he feels this public property
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area is presently being misused with the 58 mobile
homes stretched across several blocks of the beach
area.
Commissioner Turner inquired about the soccer field
that used to be at the pier. Mrs. Susan Card, Planning
Center Consultant to the City staff, stated that the
field was designated as a multi - purpose or softball
field.
Chairman Winburn requested the Planning Commission
review Service Areas 3 and 4 - Newport Heights /Harbor
Highlands - Santa Ana Heights - Airport Commercial.
Commissioner Turner asked why the Castaways View Park
needed an additional 8.8 acres. Ms. Card replied that
the area has had extensive public interest and that the
area is a very unique resource. Chairman Winburn
stated that she also questions the 10 acres and the
roadway through the Castaways area. Chairman Winburn
stated that she supports a quiet, view - oriented area as
opposed to a traditional recreational site that could
perhaps be an unsafe area for ballgames and teenagers.
Mr. Hewicker replied that the alternative could be an
area that would be behind locked gates and would not be
easily accessible to the public. Mr. Hewicker stated
that the City was fortunate to be able to incorporate
Corona del Mar scenic sites into the General Plan years
ago.
Mr. Hewicker opined that these are not specific
Recreation and Open Space plans, but ideas and
concepts.
Commissioner Turner inquired about Santa Ana Heights
in the event the area would be annexed. Staff replied
that there are plans for Northbay Mini Park on Orchid
Dr., a designated open space under the flight pattern,
the San Diego Creek area, and a community park in North
Ford.
Chairman Winburn requested the Planning Commission
review Service Area 5 - Lower Bay.
Commissioner Person opined that there has not been an
acknowledgement in the General Plan for recreational
sailing and fishing.
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area is presently being misused with the 58 mobile
homes stretched across several blocks of the beach
area.
Commissioner Turner inquired about the soccer field
that used to be at the pier. Mrs. Susan Card, Planning
Center Consultant to the City staff, stated that the
field was designated as a multi - purpose or softball
field.
Chairman Winburn requested the Planning Commission
review Service Areas 3 and 4 - Newport Heights /Harbor
Highlands - Santa Ana Heights - Airport Commercial.
Commissioner Turner asked why the Castaways View Park
needed an additional 8.8 acres. Ms. Card replied that
the area has had extensive public interest and that the
area is a very unique resource. Chairman Winburn
stated that she also questions the 10 acres and the
roadway through the Castaways area. Chairman Winburn
stated that she supports a quiet, view - oriented area as
opposed to a traditional recreational site that could
perhaps be an unsafe area for ballgames and teenagers.
Mr. Hewicker replied that the alternative could be an
area that would be behind locked gates and would not be
easily accessible to the public. Mr. Hewicker stated
that the City was fortunate to be able to incorporate
Corona del Mar scenic sites into the General Plan years
ago.
Mr. Hewicker opined that these are not specific
Recreation and Open Space plans, but ideas and
concepts.
Commissioner Turner inquired about Santa Ana Heights
in the event the area would be annexed. Staff replied
that there are plans for Northbay Mini Park on Orchid
Dr., a designated open space under the flight pattern,
the San Diego Creek area, and a community park in North
Ford.
Chairman Winburn requested the Planning Commission
review Service Area 5 - Lower Bay.
Commissioner Person opined that there has not been an
acknowledgement in the General Plan for recreational
sailing and fishing.
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Motion
All Ayes
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Chairman Winburn requested the Planning Commission
review Service Area 7 - Eastbluff/North Ford. The
Commissioners did not have any comments.
Chairman Winburn requested the Planning Commission
review Service Area 9 - Newport Center.
Commissioner Kurlander stated that the City needs an
additional launching ramp aside from the. ramp at the
Dunes. Mr. Hewicker stated that according to the
Irvine Company's report that the Company does not have
any plans to build an additional ramp and if the ramp
at DeAnza is to be restored, DeAnza will have to
finance same. Staff informed Commissioner Kurlander
that Pacific Coast Highway'Mini Park which includes a
public boat launching facility is located at the
Pacific Coast Coast Highway Bridge site.
Chairman Winburn requested the Planning Commission to
review Service Area 11 - Harbor View.
Mr. Hewicker suggested that because the Irvine Company
requested additional time to consider the Recreation
and Open Space Element of the General Plan, he
recommends that the Planning Commission not review the
Fifth Avenue Parcel until after the Planning Commission
has the Recreation and Open Space Element General Plan
in approved form.
Chairman Winburn stated that she concurs that the Fifth
Avenue Plan should be delayed until the current Plan is
completed.
Motion was made to continue the review of the
Recreation and Open Space Element of the General Plan
to January 10, 1985. MOTION CARRIED.
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Resubdivision No. 796 (Public Hearing)
Request to resubdivide three existing lots into two
parcels for commercial development on property located
in the C -1 and C -1 -H Districts.
LOCATION: Lots 1 and 2, Block Q of Tract No. 323
and Lot 22, Black 437, Corona del Mar,
located at 3100 East Coast Highway and
3111 Second Avenue, on the northeasterly
corner of East Coast Highway and Jasmine
Avenue, in Corona del Mar.
ZONES: C -1 and C -1 -H
APPLICANT: Bixby Land Company, Long Beach
OWNER: Same as applicant
ENGINEER: Duca- MCCOy, Inc., Corona del Mar
Planning Director James Hewicker informed the Planning
Commission and the applicant that a new law is in
effect pertaining to abandoned service station sites or
existing service station sites that plan to change
their method of operation or change fuel storage tanks.
The new regulation states that it will be necessary to
sample the earth down to the ground water to determine
if there has been any leakage from fuel storage tanks.
If the test proves that there is polution; the owner
would have to excavate the site to the water level, or
to the polution area, and then refill the site with a
landfill that would be polutant free. Mr. Hewicker
recommended that the applicant contact Mr. Tom Dailey
of the Fire Department for further information.
The public hearing was opened in connection with this
item and Ms. Carol Pangburn, 2132 Vista Entrada,
appeared before the Planning Commission on behalf of
the applicant. Ms. Pangburn advised the Planning
Commission that the applicant does not intend to
develop the vacant parcel; however, the applicant will
advise any future landowner of the new regulation. Ms.
Pangburn stated that the applicant agrees with the
findings and conditions in Exhibit "A "; and in
reference to Condition No. 8, advised that the
applicant will adjust the common property line 10 feet,
closer to East Coast Highway so as to meet the
provisions of the Uniform Building Code.
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Item #3
R 796
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Resubdivision No. 796 (Public Hearing)
Request to resubdivide three existing lots into two
parcels for commercial development on property located
in the C -1 and C -1 -H Districts.
LOCATION: Lots 1 and 2, Block Q of Tract No. 323
and Lot 22, Black 437, Corona del Mar,
located at 3100 East Coast Highway and
3111 Second Avenue, on the northeasterly
corner of East Coast Highway and Jasmine
Avenue, in Corona del Mar.
ZONES: C -1 and C -1 -H
APPLICANT: Bixby Land Company, Long Beach
OWNER: Same as applicant
ENGINEER: Duca- MCCOy, Inc., Corona del Mar
Planning Director James Hewicker informed the Planning
Commission and the applicant that a new law is in
effect pertaining to abandoned service station sites or
existing service station sites that plan to change
their method of operation or change fuel storage tanks.
The new regulation states that it will be necessary to
sample the earth down to the ground water to determine
if there has been any leakage from fuel storage tanks.
If the test proves that there is polution; the owner
would have to excavate the site to the water level, or
to the polution area, and then refill the site with a
landfill that would be polutant free. Mr. Hewicker
recommended that the applicant contact Mr. Tom Dailey
of the Fire Department for further information.
The public hearing was opened in connection with this
item and Ms. Carol Pangburn, 2132 Vista Entrada,
appeared before the Planning Commission on behalf of
the applicant. Ms. Pangburn advised the Planning
Commission that the applicant does not intend to
develop the vacant parcel; however, the applicant will
advise any future landowner of the new regulation. Ms.
Pangburn stated that the applicant agrees with the
findings and conditions in Exhibit "A "; and in
reference to Condition No. 8, advised that the
applicant will adjust the common property line 10 feet,
closer to East Coast Highway so as to meet the
provisions of the Uniform Building Code.
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Motion x Motion was made to approve Resubdivision No. 796
All Ayes subject to the findings and conditions in Exhibit "A ".
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.
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
subdivision.
CONDITIONS:
1. That a parcel map be recorded.
2. That all improvements be constructed as required
by ordinance and the Public works Department.
3. That a standard subdivision agreement and
accompanying surety be provided to guarantee
satisfactory completion of the public improvements
if it is desired to record the parcel map or
obtain a building permit prior to completion of
the public improvements.
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 shall be
reviewed and approved by the City Traffic
Engineer.
6. That a 12 -foot radius corner cutoff at the corner
of Jasmine Avenue and East Coast Highway be
dedicated to the public.
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7. That the deteriorated sidewalk and drive aprons
along the Jasmine Avenue frontage shall be
reconstructed; that the deteriorated portions of
sidewalk and drive aprons along the East Coast
Highway frontage shall be reconstructed; that the
curb return at the intersection of East Coast
Highway and Jasmine Avenue be reconstructed to a
25 -foot radius with a curb access. ramp to be
included; that the deteriorated curb return at the
intersection of Jasmine Avenue and Second Avenue
be reconstructed with a curb access ramp to be
included; that if relocation of the existing drive
approaches is desired, the new locations shall be
approved by the City Traffic Engineer, and the
relocation shall be accomplished in conjunction
with the public improvements noted above. All
work within the East Coast Highway right of way
shall be completed under an encroachment permit
issued by the California Department of
Transportation.
8. That prior to recordation of the parcel map, the
applicant shall demonstrate to the satisfaction of
the Building Department that the portions of the
existing structure adjacent to the new interior
property line comply with, or can be made to
comply with, the provisions of Chapter 5, of the
Uniform Building Code. If the existing building
must be modified to conform to the requirements of
the Uniform Building Code, the modifications shall
be accomplished prior to recordation of the parcel
map. If desired, the boundary between the two
parcels may be adjusted so that modifications to
the existing building are not required.
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.
: • x
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INDEX
7. That the deteriorated sidewalk and drive aprons
along the Jasmine Avenue frontage shall be
reconstructed; that the deteriorated portions of
sidewalk and drive aprons along the East Coast
Highway frontage shall be reconstructed; that the
curb return at the intersection of East Coast
Highway and Jasmine Avenue be reconstructed to a
25 -foot radius with a curb access. ramp to be
included; that the deteriorated curb return at the
intersection of Jasmine Avenue and Second Avenue
be reconstructed with a curb access ramp to be
included; that if relocation of the existing drive
approaches is desired, the new locations shall be
approved by the City Traffic Engineer, and the
relocation shall be accomplished in conjunction
with the public improvements noted above. All
work within the East Coast Highway right of way
shall be completed under an encroachment permit
issued by the California Department of
Transportation.
8. That prior to recordation of the parcel map, the
applicant shall demonstrate to the satisfaction of
the Building Department that the portions of the
existing structure adjacent to the new interior
property line comply with, or can be made to
comply with, the provisions of Chapter 5, of the
Uniform Building Code. If the existing building
must be modified to conform to the requirements of
the Uniform Building Code, the modifications shall
be accomplished prior to recordation of the parcel
map. If desired, the boundary between the two
parcels may be adjusted so that modifications to
the existing building are not required.
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.
: • x
12
COMMISSIONERS
MINUTES
Use Permit No. 1761 (Amended) (Public Hearing)
Request to amend a previously approved use permit which
allowed the establishment of a take -out restaurant in
the C -1 -H District and waived all of the required
off - street parking spaces. The proposed amendment is a
request to change the operational characteristics of
the take -out restaurant so as to include the service of
on -sale beer and wine.
LOCATION: Parcel No. 1 of Parcel Map 163 -23
(Resubdivision No. 673) located at 420
Iris Avenue, on the southeasterly side
of Iris Avenue, between East Coast
Highway and First Avenue, in the
Albertson's Shopping Center in Corona
del Mar.
ZONE: C -1 -H
APPLICANT: Gina's Pizza, Corona del Mar
OWNERS: E. Morris and Ramona Smith, Newport Beach
The public hearing opened in connection with this item,
and Mr. John Costa appeared before the Planning
Commission. Mr. Costa informed the Planning Commission
of the numerous outstanding restaurant awards Gina's
Pizza has won. Mr. Costa feels that it would be a very
important part of his successful operation if he sold
beer and wine with meals, and that he would comply with
all of the beer and wine regulations. Mr. Costa stated
that he agrees with the findings and conditions in
Exhibit "B ".
Commissioner Eichenhofer and Staff informed Mr. Costa
that Condition No. 6 states that no tables or seats are
allowed outside the patio area for dining and drinking.
Mr. Costa replied that he had seating in the outside
patio area to enable the customers to sit down while
waiting for their food orders.
In response to a question posed by Commissioner
xoppelman, the applicant stated that the beer and wine
will be served to the customers at the tables by a
waiter and that there will not be any bar or bar stools
in the patio area.
13
Item #4
UP 1761
(Amended)
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Use Permit No. 1761 (Amended) (Public Hearing)
Request to amend a previously approved use permit which
allowed the establishment of a take -out restaurant in
the C -1 -H District and waived all of the required
off - street parking spaces. The proposed amendment is a
request to change the operational characteristics of
the take -out restaurant so as to include the service of
on -sale beer and wine.
LOCATION: Parcel No. 1 of Parcel Map 163 -23
(Resubdivision No. 673) located at 420
Iris Avenue, on the southeasterly side
of Iris Avenue, between East Coast
Highway and First Avenue, in the
Albertson's Shopping Center in Corona
del Mar.
ZONE: C -1 -H
APPLICANT: Gina's Pizza, Corona del Mar
OWNERS: E. Morris and Ramona Smith, Newport Beach
The public hearing opened in connection with this item,
and Mr. John Costa appeared before the Planning
Commission. Mr. Costa informed the Planning Commission
of the numerous outstanding restaurant awards Gina's
Pizza has won. Mr. Costa feels that it would be a very
important part of his successful operation if he sold
beer and wine with meals, and that he would comply with
all of the beer and wine regulations. Mr. Costa stated
that he agrees with the findings and conditions in
Exhibit "B ".
Commissioner Eichenhofer and Staff informed Mr. Costa
that Condition No. 6 states that no tables or seats are
allowed outside the patio area for dining and drinking.
Mr. Costa replied that he had seating in the outside
patio area to enable the customers to sit down while
waiting for their food orders.
In response to a question posed by Commissioner
xoppelman, the applicant stated that the beer and wine
will be served to the customers at the tables by a
waiter and that there will not be any bar or bar stools
in the patio area.
13
Item #4
UP 1761
(Amended)
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Costa, and a long -time resident of Newport Beach,
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stated that he fully supports Gina's beer and wine
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license and that he is confident that the Costas will
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Staff informed Commissioner Koppelman that the maximum
INDEX
Mr. Ed McNary, a financial consultant for Mr. and Mrs.
Costa, and a long -time resident of Newport Beach,
stated that he fully supports Gina's beer and wine
license and that he is confident that the Costas will
cooperate with the findings and conditions in the Staff
Report.
Staff informed Commissioner Koppelman that the maximum
number of 20 people in the patio area is a Fire
Department regulation.
Motion
x
Motion was made to approve Use Permit 1761, subject to
the findings and conditions in Exhibit "B ".
Commissioner Person. stated'that he would support the
motion and he complimented Mr. Costa on his fine
restaurant. Commissioner Person emphasized to Mr.Costa
that Condition No. 7 enables the City to review the use
permit at a later date in the event the findings and
conditions are not adhered to by the applicant.
Commissioner Person also stated that he fully agrees to
give the applicant the opportunity to comply with the
conditions of approval.
Commissioner Goff stated that he reluctantly supports
the motion because of the residential area across the
street from Gina's Pizza. Commissioner Goff emphasized
that Condition No. 7 will allow the City to review the
conditions of approval in the event the conditions have
not been adhered to by the applicant.
All Ayes
Motion was voted on and MOTION CARRIED.
FINDINGS:
1. That the proposed development is consistent with
the Land Use Element of the General Plan and the
adopted Local Coastal Program Land Use Plan, and
is compatible with surrounding land uses.
2. The project will not have any significant environ-
mental impact.
3. That the proposed change in operational charac-
teristics of the take -out restaurant will not
result in an increased parking demand for the
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area.
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of Newport Beach
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MINUTES
4. The Planning Commission has approved several use
permits for on -sale beer and wine in other exist-
ing restaurant facilities throughout the City
without requiring additional parking spaces.
5. That there is adequate on -site parking for the
restaurant employees.
6. The approval of Use Permit No. 1761 (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 confor-
mance with the approved plot plan and floor plan.
2. That all applicable conditions of approval of Use
Permit No. 1761 and Use Permits No. 1761 (Amended)
shall remain in effect.
3. That the serving of beer and wine shall be inci-
dental to the primary function of providing food
service.
4. That in consideration of the approval of this
permit for an "on- sale" beer and wine license, an
"off- sale" alcoholic beverage license shall not be
permitted in the restaurant facility in the
future.
5. That a maximum of six, employees shall be on duty
during peak hours of operation unless an amended
use permit is approved.
6. That a maximum of five tables with twenty seats
shall be permitted in the patio area. No other
tables or seats shall be located inside or outside
said patio area for dining or drinking purposes
unless an amended use permit is approved.
•
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7. That the Planning Commission may add and /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.
S. That this use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
The Planning Commission recessed at 9:00 p.m. and
reconvened at 9:10 p.m.
use Permit No. 1922 (Amended)(Public Hearing)
Item #5
Request to amend a. previously approved use permit which
allowed the establishment of a boat repair and mainte-
UP 1922
nance facility on property located in the C -2 District.
(Amended)
The proposed amendment consists of a request to con-
struct a 90 foot high± boat crane at the existing boat
Approved
condition -
repair facility.
ally
LOCATION: Parcel 1 of Parcel Map 79 -732
(Resubdivision No. 644), located at 223
21st Street, on the northwesterly side
of 21st Street between The Arcade and
Newport Bay..
ZONE: C -2
APPLICANT: Howard C. Bishop III, Newport Beach
OWNER: Same as applicant
Planning Director Hewicker informed the Planning
•
Commission that Staff is recommending a modification of
Condition No. 4 and delete Condition No. 5 in Exhibit
"B ". Mr. Hewicker clarified the modified Condition by
stating that under Chapter 17.16 of the Municipal Code,
16
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December 6, 1984
of NewDort Beach
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an applicant must obtain a permit from the City Council
to launch or haul boats at street ends. A permit must
be obtained from City Council when a finding can be
made that there is no other location in the harbor area
to accommodate that particular boat at that location.
Mr. Hewicker informed the Planning Commission that the
City does not want to go into competition with private
enterprise on public property.
The public hearing opened in connection with this item,
and Mr. Howard C. Bishop III, 1748 Bonaire Way,
appeared before the Planning Commission. Mr. Bishop
informed the Planning Commission that the purpose of
the crane will be to launch boats from trucks into the
boatyard for maintenance purposes and not launch the
boats into the water.
Commissioner Person commented that he believes Mr.
Bishop must obtain a permit from the City Council
because he does not believe that there is a difference
between launching the boat into the boatyard or
launching the boat into the water, and that the boat
•
launching will be at a street end, either way.
Mr. Bishop stated that he does not understand why he
must obtain a permit in order to have a crane to
off -load a boat into the boatyard. Mr. Hewicker
responded by stating that this is an area of the
Municipal Code wherein the City Council must approve
boat launching at street ends, and further advised Mr.
Bishop that the City Council has adopted several
resolutions that pertain to hand launching but not
launching with a large crane. The Marine Department
maintains that the proposed crane would establish a
precedent for this type of usage at the end of 21st
Street.
In response to Commissioner Person's inquiry regarding
Municipal Code 17.16.020, City Attorney Burnham stated
that he believes a boat repair yard that engages in the
practice of launching vessels is a business that would
be exempt from the provision of the Code that states
that no person shall launch or remove a vessel from
Newport Harbor over any street end, except at locations
where a business of launching and hauling vessels is
conducted; however, the provision that prohibits any
person that uses a public street for the purpose of
storing equipment could be more applicable because the
business would dominate the use of the street end.
17
COMMISSIONERS
December 6, 1984
of Newport Beach
MINUTES
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of Newport Beach
MINUTES
Mr. Bishop responded to Commissioner Koppelman's
inquiry regarding Condition No. 6 requiring 8
off- street parking spaces, by stating that the
applicant has an agreement with the Spaghetti Factory
Restaurant for those parking spaces. Mr. Hewicker
commented that off -site parking is not permitted under
the current use permit. Mr. Bishop informed Chairman
Winburn that he will be able to provide the required
eight parking spaces on site. Commissioner Person
reminded Mr. Bishop that the use permit can be revoked
unless the applicant abides by the use permit requiring
the eight do -site parking spaces.
Mr. Bishop commented that because Rosan, Inc. will be
closed in the near future, Mr. Bishop recommended that
his facility be considered for off loading as there is
no other area in Newport Beach that off loading will
take place. Mr. Hewicker cited that if the Planning
Commission approves Exhibit "B ", and the City Council
approves the permit, that Mr. Bishop will be allowed to
install the crane at the street end. Mr. Hewicker
further stated that the applicant will need to contact
the Marine Department.
Mr. Burnham recommended that the applicant be required
to comply with the previously stated provisions in
Municipal Codes 17.16.020 and 10.08.030, and that the
applicant obtain permission from the City Council
requiring those activities as written in Condition No.
4. Mr. Hewicker also informed Mr. Burnham that he
would recommend that the City be compensated for the
use of public land.
Mr. Bishop and Commissioner Eichenhofer discussed the
possibility of the trucks turning left on 21st Street
and then the trucks backing out of the street onto
Balboa Boulevard, while cars are parked on one side of
21st Street. Mr. Bishop commented that an average of
three to five boats would be delivered each week, each
boat averaging 33 feet in length. City Engineer Webb
stated that this operation would require Police
Department assistance. Mr. Webb cited that the trucks
have been handled in this manner the past several
months without any complaints.
Commissioner Turner discussed the boat delivery time
with Mr. Bishop and it was agreed that the boats would
be delivered during off -hour traffic on Balboa
18
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of Newport Beach
Boulevard. Commissioner Turner recommended that the
delivery hours be conditioned. Commissioner Turner
commented that there is not much difference between
boat deliveries on West Coast Highway or 21st Street.
Mr. Bishop informed Commissioner Goff that boats would
only be delivered on weekdays. Mr. Hewicker discussed
with Commissioner Goff that according to Municipal Code
17.16.020 the trucks would be allowed in the area
between 8:00 a.m. and 8:00 p.m. Commissioner Goff
stated that the hours should be more restricted as
there would be times during that period that there
would be heavy traffic on Balboa Boulevard. Mr.
Hewicker advised Commissioner Goff that the City
Council would regulate the truck operation hours which
would also be in accordance with modified Condition No.
4.
Commissioners Kurlander and Turner commented that the
Planning Commission could recommend more restricted
hours to the City Council.
Commissioner Person stated that the business is exempt
from Municipal Code 17.16.020 and the hours referred to
in the Municipal Code would not be applicable. Mr.
Burnham concurred with Commissioner Person. Mr. Bishop
informed the Planning Commission that the truck drivers
would not use the streets during busy traffic hours.
Commissioner Eichenhofer recommended that the trucking
hours should be at the discretion of Mr. Bishop.
Commissioner Turner opined that a stipulation be made
that the boats would be delivered before 9:00 a.m.
Commissioner Person stated that that hour could be the
heaviest traffic time of the day on Balboa Boulevard,
and he questioned if the Planning Commission should
limit the hours. Mr. Bishop stated that the Police
Department would be contacted and then would advise the
time the trucks could back out onto Balboa Boulevard.
Mr. Burnham recommended the following condition: "That
the applicant shall use his best efforts to schedule
the delivery of large boats and vessels to the facility
at times that would minimize the impact on traffic flow
on Balboa Boulevard and nearby streets ". Mr. Burnham
further stated that another condition could be added
that if the operation causes a problem that conditions
of approval can be modified. Mr. Burnham suggested
that the Planning Department contact the Police
Department in three months to see if there have been
any complaints.
19
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COMMISSIONERS
In response to Commissioner Kurlander's inquiry; Mr.
Webb stated a haul permit would be required if the
truck is overweight or has an exceptionally wide load.
Mr. Hewicker commented that there are two boats in the
water at the 21st Street street end. Mr. Bishop stated
that one of the boats is the applicant's. Mr. Hewicker
cited that the private use of public property is
against Harbor regulations. Commissioner Person asked
Mr. Bishop if the applicant would be willing to remove
the boat from the street end. Mr. Bishop replied that
the City permitted the installation of the dock as long
as the public could also use the area, and that the
boats in that space are holding areas for boats that
will be going into the boatyard.
Mr. Brion Jeannette, architect, stated that the
applicant will not launch boats over the bulkhead into
the water. Mr. Jeannette commented that the original
use permit conditionally approved a system that the
applicant would be allowed to take boats in and out of
the water. Mr. Jeannette stated that he does not see
any difference between what the applicant has requested
and what Rosan, Inc. has been doing in the past.
Commissioner Person advised Mr. Jeannette that the
Planning Commission is acting according to the
Municipal Code. Mr. Jeannette stated that he does not
believe the City Council needs to approve the permit.
The public hearing was closed at this time.
Mr. Burnham recommended the following Condition replace
Conditions No. 4 and 5 of Exhibit "B" of the staff
report ": "That the launching, hauling, or lifting of
boats from or over the 21st Street street end shall
comply with the provisions of Chapters 10.08 and 17.16
of the Newport Beach Municipal Code. It is the
recommendation of the Planning Commission that any
resolution, action, or agreement approved by the City
Council with respect to the activities authorized by
this Use Permit shall protect the City from any loss,
damage, or injury and adequately compensate the City
for any commercial use of public property."
Mr. Burnham commented that it would be at the
discretion of the.City Council whether or not they
would want to review this use permit.
20
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December 6, 1984
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In response to Commissioner Kurlander's inquiry; Mr.
Webb stated a haul permit would be required if the
truck is overweight or has an exceptionally wide load.
Mr. Hewicker commented that there are two boats in the
water at the 21st Street street end. Mr. Bishop stated
that one of the boats is the applicant's. Mr. Hewicker
cited that the private use of public property is
against Harbor regulations. Commissioner Person asked
Mr. Bishop if the applicant would be willing to remove
the boat from the street end. Mr. Bishop replied that
the City permitted the installation of the dock as long
as the public could also use the area, and that the
boats in that space are holding areas for boats that
will be going into the boatyard.
Mr. Brion Jeannette, architect, stated that the
applicant will not launch boats over the bulkhead into
the water. Mr. Jeannette commented that the original
use permit conditionally approved a system that the
applicant would be allowed to take boats in and out of
the water. Mr. Jeannette stated that he does not see
any difference between what the applicant has requested
and what Rosan, Inc. has been doing in the past.
Commissioner Person advised Mr. Jeannette that the
Planning Commission is acting according to the
Municipal Code. Mr. Jeannette stated that he does not
believe the City Council needs to approve the permit.
The public hearing was closed at this time.
Mr. Burnham recommended the following Condition replace
Conditions No. 4 and 5 of Exhibit "B" of the staff
report ": "That the launching, hauling, or lifting of
boats from or over the 21st Street street end shall
comply with the provisions of Chapters 10.08 and 17.16
of the Newport Beach Municipal Code. It is the
recommendation of the Planning Commission that any
resolution, action, or agreement approved by the City
Council with respect to the activities authorized by
this Use Permit shall protect the City from any loss,
damage, or injury and adequately compensate the City
for any commercial use of public property."
Mr. Burnham commented that it would be at the
discretion of the.City Council whether or not they
would want to review this use permit.
20
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MINUTES
INDEX
Motion
7
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December 6, 1984
Motion was made to approve Use Permit No. 1922
All Ayes
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(Amended) subject to the findings and conditions in
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Exhibit "B ", which includes the deletion of Condition
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No. 5 and adding amended Condition No. 4.
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ENVIRONMENTAL DOCUMENT
INDEX
Motion
X
Motion was made to approve Use Permit No. 1922
All Ayes
(Amended) subject to the findings and conditions in
Exhibit "B ", which includes the deletion of Condition
No. 5 and adding amended Condition No. 4.
MOTION CARRIED.
ENVIRONMENTAL DOCUMENT
FINDINGS:
1. That the Initial Study is complete and prepared in
compliance with the California Environmental
Quality Act, and that its contents have been
considered in the decisions on this project.
2. That based on the information contained in the
Environmental Document, the project incorporates
sufficient mitigation measures to reduce
potentially- significant environmental effects, and
that the project will not result in significant
environmental impacts.
•
USE PERMIT NO. 1922(AMENDED)
FINDINGS:
1. The proposed use is consistent with the Land Use
Element of the General Plan and the Local Coastal
Program.
2. The addition of the proposed crane will not
intensify the need for off- street parking in
comparison to the current use on the property.
3. That the proposed crane installation is a use
which is in keeping with the established marine-
related uses along the Rhine Channel, and its
overall size, location and height are comparable
to other crane operations in the area.
4. The approval of Use Permit No. 1922(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 or improvements in the
neighborhood or the general welfare of the City.
21
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COMMISSIONERS
CONDITIONS:
1. That the proposed development shall be in
substantial conformance with the approved plans
and crane specifications, except as noted below.
2. That all applicable Conditions of Approval for Use
Permit No. 1922 shall be fulfilled.
3. That the applicant shall be required to provide a
condition survey of the existing street and
bulkhead at the end of 21st Street, adjacent to
the subject property, and that said street and
bulkhead be repaired and/or reconstructed in
conformance with the recommendations of the
condition survey and to the satisfaction of the
Public works, Building, and Marine Departments.
4. That the launching, hauling, or lifting of boats
from or over the 21st Street street end shall
comply with the provisions of Chapters 10.08 and
17.16 of the Newport Beach Municipal Code. It is
the recommendation of the Planning Commission that
any resolution, action, or agreement approved by
the City Council with respect to the activities
authorized by this Use Permit shall protect the
City from any loss, damage, or injury and
adequately compensate the City for any commercial
use of public property.
5. Deleted
6. That the applicant shall provide a minimum of
eight off - street parking spaces on the subject
property as required by the previously- approved
Use Permit No. 1922, and that all employees shall
park on site.
7. 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
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
8. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090,A of the Newport.
Beach Municipal Code.
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CONDITIONS:
1. That the proposed development shall be in
substantial conformance with the approved plans
and crane specifications, except as noted below.
2. That all applicable Conditions of Approval for Use
Permit No. 1922 shall be fulfilled.
3. That the applicant shall be required to provide a
condition survey of the existing street and
bulkhead at the end of 21st Street, adjacent to
the subject property, and that said street and
bulkhead be repaired and/or reconstructed in
conformance with the recommendations of the
condition survey and to the satisfaction of the
Public works, Building, and Marine Departments.
4. That the launching, hauling, or lifting of boats
from or over the 21st Street street end shall
comply with the provisions of Chapters 10.08 and
17.16 of the Newport Beach Municipal Code. It is
the recommendation of the Planning Commission that
any resolution, action, or agreement approved by
the City Council with respect to the activities
authorized by this Use Permit shall protect the
City from any loss, damage, or injury and
adequately compensate the City for any commercial
use of public property.
5. Deleted
6. That the applicant shall provide a minimum of
eight off - street parking spaces on the subject
property as required by the previously- approved
Use Permit No. 1922, and that all employees shall
park on site.
7. 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
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
8. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090,A of the Newport.
Beach Municipal Code.
x
22
MINUTES
0
December 6, 1984
of Newport Beach
Use Permit No. 3053 (Amended) (Public Hearing)
Request to amend a previously approved use permit which
allowed the establishment of an auto sales and leasing
facility on property located in the C -1 -H District. The
proposed amendment includes a request to expand the
existing operation so as to include an adjacent parcel
of land, located easterly of the subject property which
is to be used for the display of automobiles.
LOCATION: Lots 72, 73 and a portion of Lot B
(private street), Tract No. 1011,
located at 3939 West Coast Highway, on
the southeasterly corner of West Coast
Highway and the entrance to Balboa
Coves, in West Newport.
ZONE: C -1 -H
APPLICANT. Stuart Silver, Newport Beach
OWNERS:- James H. Kindel and Balboa Coves
Community Association, Newport Beach
Mr. Hewicker stated that Staff is recommending that
vehicular access be provided between the two adjacent
properties as noted in Condition No. 6. He indicated
that said access may require a ramp because of the
difference in grade between the two parcels.
In response to Commissioner Goff's inquiry, Mr.
Hewicker stated that the applicant's business conforms
to the Sign Code and that the planters used for
landscaping purposes are closer to 2 feet wide than
three feet wide. Mr. Hewicker explained that there is
gas leakage in the area and, therefore, only shallow
landscaping and portable containers are recommended for
landscaping purposes.
Mr. Hewicker explained to Commissioner Goff that after
the original use permit was approved there was a change
in business ownership. Mr. Hewicker stated that Staff
notified the new owners of the conditions of approval
of the use permit.
The public hearing opened in connection with this item,
and Mr. Stuart Silver, owner of Avon Rent -A -Car, and
Mr. Dennis Gorniack, appeared before the Planning
Commission.
23
MINUTES
INDEX
Item #6
UP 3053
(Amended)
Approved
condition -
ally
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December 6, 1984
of Newport Beach
Use Permit No. 3053 (Amended) (Public Hearing)
Request to amend a previously approved use permit which
allowed the establishment of an auto sales and leasing
facility on property located in the C -1 -H District. The
proposed amendment includes a request to expand the
existing operation so as to include an adjacent parcel
of land, located easterly of the subject property which
is to be used for the display of automobiles.
LOCATION: Lots 72, 73 and a portion of Lot B
(private street), Tract No. 1011,
located at 3939 West Coast Highway, on
the southeasterly corner of West Coast
Highway and the entrance to Balboa
Coves, in West Newport.
ZONE: C -1 -H
APPLICANT. Stuart Silver, Newport Beach
OWNERS:- James H. Kindel and Balboa Coves
Community Association, Newport Beach
Mr. Hewicker stated that Staff is recommending that
vehicular access be provided between the two adjacent
properties as noted in Condition No. 6. He indicated
that said access may require a ramp because of the
difference in grade between the two parcels.
In response to Commissioner Goff's inquiry, Mr.
Hewicker stated that the applicant's business conforms
to the Sign Code and that the planters used for
landscaping purposes are closer to 2 feet wide than
three feet wide. Mr. Hewicker explained that there is
gas leakage in the area and, therefore, only shallow
landscaping and portable containers are recommended for
landscaping purposes.
Mr. Hewicker explained to Commissioner Goff that after
the original use permit was approved there was a change
in business ownership. Mr. Hewicker stated that Staff
notified the new owners of the conditions of approval
of the use permit.
The public hearing opened in connection with this item,
and Mr. Stuart Silver, owner of Avon Rent -A -Car, and
Mr. Dennis Gorniack, appeared before the Planning
Commission.
23
MINUTES
INDEX
Item #6
UP 3053
(Amended)
Approved
condition -
ally
0
0
Mr. Silver stated that he has complied with all of the
conditions of approval of the original use permit.
Chairman winburn commented that according to the
original use permit, no cars can be washed on -site.
Mr. Silver replied that the cars are presently being
wiped down with ionized water, but that the applicant
does wash the windshield and sprays the car if the car
is dusty. Mr. Hewicker explained that wiping down cars
with ionized water or spraying the car with water is
not permitted under the use permit. Chairman Winburn
informed Mr. Silver that Condition No. 16 of the
original use permit does not allow for car washing and
advised Mr. Silver that the applicant would have to
have a continuance of this item and renotice the use
permit if he requests car washing. Mr. Hewicker
recommended that the applicant establish a car wash
facility with a drain.
Mr. Silver informed the Planning Commission that
Condition No. 3 states that the applicant must
reconstruct the sidewalk and curb along West Coast
Highway. Mr. Silver advised that because of the costs
involved and the storm drain easement that he does not
feel that he should be responsible for the sidewalk
reconstruction but that he would be willing to repair
the sidewalk. Mr. Webb advised Mr. Silver that the
area of the sidewalk that needs to be replaced is the
area that has deteriorated and that has become a
hazard.
Mr. Dennis Gorniack informed the Planning Commission
that if two foot wide planters would be installed in
the corner of the car lot, as recommended, that the
business would lose approximately one -half to one -third
of the land use because of the difficulty to maneuver
cars in that area. The applicant recommended the
extension of the wrought iron fence in lieu of the
landscaping.
Commissioner Goff expressed to the applicant that he
does not believe the applicant has cooperated with the
original use permit requirements of signs, landscaping
or the overall eye appeal of the building. Commissioner
Goff stated that he would be willing to substitute the
planters for the wrought iron fence if the applicant
would diminish the existing signs and change the color
of the building.
Mr. Hewicker commented that all of the signs meet the
requirements of the Municipal Code.
24
r
MINUTES
INDEX
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December 6, 1984
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of
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Mr. Silver stated that he has complied with all of the
conditions of approval of the original use permit.
Chairman winburn commented that according to the
original use permit, no cars can be washed on -site.
Mr. Silver replied that the cars are presently being
wiped down with ionized water, but that the applicant
does wash the windshield and sprays the car if the car
is dusty. Mr. Hewicker explained that wiping down cars
with ionized water or spraying the car with water is
not permitted under the use permit. Chairman Winburn
informed Mr. Silver that Condition No. 16 of the
original use permit does not allow for car washing and
advised Mr. Silver that the applicant would have to
have a continuance of this item and renotice the use
permit if he requests car washing. Mr. Hewicker
recommended that the applicant establish a car wash
facility with a drain.
Mr. Silver informed the Planning Commission that
Condition No. 3 states that the applicant must
reconstruct the sidewalk and curb along West Coast
Highway. Mr. Silver advised that because of the costs
involved and the storm drain easement that he does not
feel that he should be responsible for the sidewalk
reconstruction but that he would be willing to repair
the sidewalk. Mr. Webb advised Mr. Silver that the
area of the sidewalk that needs to be replaced is the
area that has deteriorated and that has become a
hazard.
Mr. Dennis Gorniack informed the Planning Commission
that if two foot wide planters would be installed in
the corner of the car lot, as recommended, that the
business would lose approximately one -half to one -third
of the land use because of the difficulty to maneuver
cars in that area. The applicant recommended the
extension of the wrought iron fence in lieu of the
landscaping.
Commissioner Goff expressed to the applicant that he
does not believe the applicant has cooperated with the
original use permit requirements of signs, landscaping
or the overall eye appeal of the building. Commissioner
Goff stated that he would be willing to substitute the
planters for the wrought iron fence if the applicant
would diminish the existing signs and change the color
of the building.
Mr. Hewicker commented that all of the signs meet the
requirements of the Municipal Code.
24
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MINUTES
INDEX
•
Motion
Ayes.
Noes
•
WAISSIONERS
December 6, 1984
X x -
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of
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Beach
Ix
Commissioner Goff made a motion to approve Use Permit
No. 3053 (Amended) , subject to the findings and
conditions in Exhibit "A ", with the deletion of
Condition No. 7, and the requirement that the existing
building and landscaping be revised so as to be
consistent with the original plans approved by the
Planning Commission in 1983.
Commissioner Person stated that he believes what is
eye - appealing to one individual does not necessarily
mean that it is appealing to another individual.
Commissioner Goff described the design of the original
use permit and stated that he would approve the current
use permit if it would be closer to the previously
approved plan.
Mr. Burnham responded to Commissioner Person that there
is nothing in the Municipal Code that restricts the
color of a building unless the color would be a public
nuisance.
Mr. Hewicker explained that the leakage of gas
underneath the property has made the design and
construction of the property very difficult.
Commissioner Goff withdrew his motion.
MINUTES
Commissioner Koppelman made a motion to approve Use
Permit No. 3053 (Amended), subject to the findings and
conditions in Exhibit "A ", with the revision to.
Condition No. 7, which would state that the wrought
iron fence be extended without the necessity of
landscape planters. Commissioner Eichenhofer
recommended that Condition No. 3 be modified to read
that the applicant repair instead of reconstruct the
sidewalk. Commissioner . Koppelman approved the
modification.
Motion voted on, and MOTION CARRIED.
FINDINGS:
1. The proposed development is consistent with the
General Plan, and the adopted Local Coastal
Program Land Use Plan, and is compatible with
existing and surrounding land uses.
25
INDEX
MINUTES
IIiI0IV1I
x x
December 6, 1984
2. The proposed project will not have any significant
C O
o
environmental impact.
x y
m
3. The approval of Use Permit No. 3053 (Amended) will
C
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not, under the circumstances of this case, be
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and working in the neighborhood or be detrimental
IIiI0IV1I
2. The proposed project will not have any significant
environmental impact.
3. The approval of Use Permit No. 3053 (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 plan, except as
noted below.
2. That all previous applicable conditions of
approval for Use Permit No. 3053 shall be
fulfilled.
3. That deteriorated portions of sidewalk and curb be
repaired along the West Coast Highway frontage and
all work be completed under an encroachment permit
issued by the California Department of
Transportation.
4. That the existing five foot high block wall
located at the westerly boundary of the proposed
lot extension be lowered to a height of 24"
adjacent to West Coast Highway so that sight
distance is provided in accordance with City
standard 110 -L.
5. That all work within the public right -of -way be
completed prior to implementation of the amended
Use Permit.
6. That on -site vehicular access be provided between
the adjacent parcels. The access shall be a
minimum of 12 feet wide unless otherwise approved
by the Public Works Department. (This will
require removal of a portion.of the wall).
7. That the existing wrought iron fence shall be
extended along the entire property frontage except
•
for the existing driveways.
8. That no trucks, vans, or busses shall be stored,
rented or sold from the subject property.
26
COMMISSIONERS
MINUTES
x x
December 6, 1984
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City of Newport Beach
a
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INDEX
9. That all employees shall park on -site.
10. That a minimum of 8 on -site parking spaces shall
be provided for customers and employees.
11. 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
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
12. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
•
Use Permit No. 3111 (Public Hearing)
= +am #7
Request to permit the establishment of several take -out
UP 3111
restaurants and a cooking school in conjunction with
the Irvine Ranch Farmers' Market retail use located on
Approved
Condition
property in the C -O -H District. The proposal also
ally
includes a request to waive a portion of the required
off - street parking spaces for the take -out restaurants.
LOCATION: A portion of Tract No. 6015, located at
No. 24 Fashion Island, on the westerly
side of Newport Center Drive East, in
Fashion Island.
ZONE: C -O -H
APPLICANT: Irvine Ranch Farmers' Market, Costa Mesa
OWNER: The Irvine Company, Newport Beach
In response to Commissioner Eichenhofer's question, Mr.
Hewicker stated that the requirement of one parking
space /250 sq. ft. of gross floor area includes employee
parking.
.
The public hearing opened in connection with this item,
and Mr. Dave Dmohowski, representing The Irvine
Company, appeared before the Planning Commission. Mr.
27
COMMISSIONERS
MINUTES
December 6, 1984
Dmohowski stated that the applicant agrees with the
c o
findings and conditions in Exhibit "A ". Mr. Dmohowski
informed Commissioner Rurlander that the applicant has
r v
no objection to condition the installation of a trash
compactor.
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question posed by Chairman Winburn, stated that the
MINUTES
Dmohowski stated that the applicant agrees with the
findings and conditions in Exhibit "A ". Mr. Dmohowski
informed Commissioner Rurlander that the applicant has
no objection to condition the installation of a trash
compactor.
Mr. Tom Wally, Irvine Ranch Market, in response to a
question posed by Chairman Winburn, stated that the
slope of the entry and parking area is approximately a
maximum 3% grade maximum.
Motion
x
Motion was made to approve Use Permit No. 3111, subject
All Ayes
to the findings and conditions in Exhibit "A ",
including an additional condition that the applicant
install a commercial trash compactor. MOTION CARRIED.
FINDINGS
1. That the proposed development is consistent with
the General Plan, and is compatible with surround-
ing land uses.
2, That the waiver of the development standards as
they pertain to a portion of the parking, walls,
landscaping and setbacks will not be detrimental
to adjoining properties.
3. That an adequate number of offstreet parking
spaces will be provided for the proposed develop-
ment.
4. That the project will not have any significant
environmental impact.
5. The approval of Use Permit No. 3111 will not,
under the circumstances of this case, be detri-
mental 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 confor-
mance with the approved plot plan and floor plans,
except as noted below.
28
MINUTES
•
0
December 6, 1984
of Newport Beach
A. Use Permit No. 3119 (Public Hearing)
Request to construct a three level parking structure
with parking on the roof for the Four Seasons Hotel,
and the acceptance of an environmental document. The
parking structure will accommodate both guest and valet
parking.
0
B. Site Plan Review No. 32 (Amended) (Discussion)
Request to amend a previously approved Site Plan Review
which permitted the construction of 325 room Four
Seasons Hotel in Newport Center in the C -0 -H District.
The proposal also included: The establishment of an
off- street parking requirement based upon a demonstrat-
ed formula; the acceptance of two off -site parking
agreements; and a modification to the zoning Code so as
to allow the use of compact car spaces, tandem parking
spaces with valet service and two oversized wall signs.
The proposed amendment includes revisions to the
approved site plan so as to allow: (1) the reconfigura-
tion of two tennis courts, (2) the realignment of the
main entry drive to the hotel and to Center Drive, and
(3) the elimination of the approved valet parking area
with tandem parking spaces to be replaced with land-
scaping.
LOCATION: A portion of Lot 22, Tract No. 6015,
located at 600 Newport Center Drive, on
the northeasterly corner of Newport
Center Drive and Santa Cruz Drive, in
Newport Center.
ZONE: C -O -H
APPLICANT: Four Seasons Newport Center, Toronto,
Ontario, Canada
OWNER: The Irvine Company, Newport Beach
Mr. Hewicker advised that Condition No. 42 has been
modified to state that the landscaping plans in the
open area of Parcel 2 shall provide a park scenario
instead of the previously stated grass.
The public hearing opened in connection.with this item,
and Mr. David Neish, representing the applicant,
appeared before the Planning Commission. Mr. Neish
30
MINUTES
INDEX
0 .
Item #8
UP 3119
Site Plan
No. .32
Approved
Condition-
ally
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•
0
December 6, 1984
of Newport Beach
A. Use Permit No. 3119 (Public Hearing)
Request to construct a three level parking structure
with parking on the roof for the Four Seasons Hotel,
and the acceptance of an environmental document. The
parking structure will accommodate both guest and valet
parking.
0
B. Site Plan Review No. 32 (Amended) (Discussion)
Request to amend a previously approved Site Plan Review
which permitted the construction of 325 room Four
Seasons Hotel in Newport Center in the C -0 -H District.
The proposal also included: The establishment of an
off- street parking requirement based upon a demonstrat-
ed formula; the acceptance of two off -site parking
agreements; and a modification to the zoning Code so as
to allow the use of compact car spaces, tandem parking
spaces with valet service and two oversized wall signs.
The proposed amendment includes revisions to the
approved site plan so as to allow: (1) the reconfigura-
tion of two tennis courts, (2) the realignment of the
main entry drive to the hotel and to Center Drive, and
(3) the elimination of the approved valet parking area
with tandem parking spaces to be replaced with land-
scaping.
LOCATION: A portion of Lot 22, Tract No. 6015,
located at 600 Newport Center Drive, on
the northeasterly corner of Newport
Center Drive and Santa Cruz Drive, in
Newport Center.
ZONE: C -O -H
APPLICANT: Four Seasons Newport Center, Toronto,
Ontario, Canada
OWNER: The Irvine Company, Newport Beach
Mr. Hewicker advised that Condition No. 42 has been
modified to state that the landscaping plans in the
open area of Parcel 2 shall provide a park scenario
instead of the previously stated grass.
The public hearing opened in connection.with this item,
and Mr. David Neish, representing the applicant,
appeared before the Planning Commission. Mr. Neish
30
MINUTES
INDEX
0 .
Item #8
UP 3119
Site Plan
No. .32
Approved
Condition-
ally
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December 6, 1984
of Newport Beach
2. That a minimum of one parking space shall be
provided for each 5 occupants in the cooking
school, with the occupant load to be determined in
accordance with the provisions of the Uniform
Building Code; that a minimum of 21 parking spaces
shall be provided in conjunction with the take -out
restaurants; and that one parking space shall be
provided for each 250 sq.ft. of gross floor area
for the remaining floor area.
3. That the striping plan for the existing parking
area to the north of the Atrium Court building
shall be redesigned so as to conform to the City's
Standards for commercial parking .spaces. The
striping plan shall be approved by the City
Traffic Engineer.
4. That a washout area for the restaurants' trash
containers be provided in such a way as to insure
direct drainage into the sewer system and not into
the Bay or the storm drains if required by the
Building Department.
5. That grease interceptors shall be installed on all
fixtures in the restaurant facilities where grease
may be introduced into the drainage systems in
accordance with the provisions of the Uniform
Building Code if required by the Building
Department.
6. That the Planning Commission may add and /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.
7. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
8. That the applicant shall install a commercial
trash compactor for the . proposed take -out
restaurants.
29
MINUTES
INDEX
•
0
COM
stated that the applicant agrees with modified
Condition No. 42 regarding the extensive landscaping=
however, the applicant has emphasized that the
requested landscaping on the vacant land area will not
be as elaborate as the landscaping around the Four
Seasons Hotel.
Mr. Neish informed the Planning Commission that the
applicant has requested that Conditions No. 12 and 13
be eliminated.
The applicant has stated that Condition No. 12,
requesting a pedestrian sidewalk between the bus stop
and the stairway to the Wells Fargo Building, is not
necessary because the applicant is concerned that the
sidewalk would not be utilized often enough to
substantiate the costs involved.
Mr. Neish stated that the applicant opposes Condition
No. 13, requesting that the steps be eliminated between
the hotel and Santa Cruz Drive, because the most direct
route between the hotel and Newport Center Drive
requires steps; otherwise, a switchback path would be
necessary through that area.
Mr. Webb described the proposed pedestrian circulation
plan in the area around the hotel. Mr. Webb stated
that the proposed plan will simplify the pedestrian
pathway around Newport Center and Fashion Island. Mr.
Webb explained to Chairman Winburn that the way the
hotel is situated it is very difficult for a pedestrian
to cross over into the Fashion Island area.
In response to a question posed by Commissioner
Koppelman, Mr. Webb stated that in a public walkway
area it is advised to keep steps at a minimum. Mr.
Webb commented that either way there is a steep grade
from the hotel to the street.
Mr. Neish responded to Mr. Webb's comments by stating
that the Four Seasons Hotel should not be solely
responsible for the pedestrian circulation system
within the hotel area, and that the City has requested
that the hotel provide two bus stops which the
applicant does not feel is necessary.
The public hearing was closed at this time.
31
MINUTES
INDEX
x XT
December 6, 1984
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stated that the applicant agrees with modified
Condition No. 42 regarding the extensive landscaping=
however, the applicant has emphasized that the
requested landscaping on the vacant land area will not
be as elaborate as the landscaping around the Four
Seasons Hotel.
Mr. Neish informed the Planning Commission that the
applicant has requested that Conditions No. 12 and 13
be eliminated.
The applicant has stated that Condition No. 12,
requesting a pedestrian sidewalk between the bus stop
and the stairway to the Wells Fargo Building, is not
necessary because the applicant is concerned that the
sidewalk would not be utilized often enough to
substantiate the costs involved.
Mr. Neish stated that the applicant opposes Condition
No. 13, requesting that the steps be eliminated between
the hotel and Santa Cruz Drive, because the most direct
route between the hotel and Newport Center Drive
requires steps; otherwise, a switchback path would be
necessary through that area.
Mr. Webb described the proposed pedestrian circulation
plan in the area around the hotel. Mr. Webb stated
that the proposed plan will simplify the pedestrian
pathway around Newport Center and Fashion Island. Mr.
Webb explained to Chairman Winburn that the way the
hotel is situated it is very difficult for a pedestrian
to cross over into the Fashion Island area.
In response to a question posed by Commissioner
Koppelman, Mr. Webb stated that in a public walkway
area it is advised to keep steps at a minimum. Mr.
Webb commented that either way there is a steep grade
from the hotel to the street.
Mr. Neish responded to Mr. Webb's comments by stating
that the Four Seasons Hotel should not be solely
responsible for the pedestrian circulation system
within the hotel area, and that the City has requested
that the hotel provide two bus stops which the
applicant does not feel is necessary.
The public hearing was closed at this time.
31
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MINUTES
December 6, 1984
Commissioner Eichenhofer recommended that the top of
C o
n
the parking structure should have some type of
A 9
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landscaping similar to that required in surface parking
C
v
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areas. Mr. Hewicker commented that there would be
z c
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planting cascading along the side of the parking
Go
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=
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City
of
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In response to Commissioner Koppelman's question
MINUTES
Commissioner Eichenhofer recommended that the top of
the parking structure should have some type of
landscaping similar to that required in surface parking
areas. Mr. Hewicker commented that there would be
planting cascading along the side of the parking
structure.
In response to Commissioner Koppelman's question
stating that the dollar figures in Condition No. 39
vary from the dollar figures in the modified Condition
No. 39, Ms. Patricia Temple replied that the current
figures were reduced approximately one -half subsequent
to the original application consistent with the Fair
Share Ordinance adopted by the City.
Motion
Motion was made to approve Use Permit No. 3119 and Site
All Ayes
Plan Review No. 32 (Amended) subject to the findings
and conditions in Exhibit "A ", with the exception of
deleting Condition No. 13, and the approval of modified
Finding No. 11 and Conditions No. 39 and 42. 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
decisions on this project.
2. That based on the information contained in the
Negative Declaration, the project incorporates
sufficient mitigation measures to reduce
potentially significant environmental effects, and
that the project will. not result in significant
environmental impacts.
3. The project will not have any significant
environmental impact.
B. USE PERMIT NO. 3119
FINDINGS:
1. That the proposed use is consistent with the Land
Use Element of the General Plan, and is compatible
with surrounding land uses.
32
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COMMISSIONERS
December 6, 1984
of Newport Beach
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December 6, 1984
of Newport Beach
MINUTES
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2. That the proposed parking structure with roof -top
parking is compatible with the surrounding land
uses and is similar to other parking structures in
the area.
3. The approval of Use Permit No. 3119 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 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, floor
plan, and elevations.
2. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that a
minimum of 363 parking spaces shall be provided
for the duration of the proposed use on property
located at 690 Newport Center Drive.
3. That the vehicular and pedestrian circulation
systems in the proposed parking structure be
subject of further review by the City Traffic
Engineer.
C. SITE PLAN REVIEW NO. 32 (AMENDED)
FINDINGS:
1. The proposed development is consistent with the
General Plan and will not preclude the attainment
of General Plan objectives and policies.
2. The proposed development will not adversely affect
the benefits of occupancy and use of existing
properties within the area.
3. The proposed development does not adversely affect
the public benefits derived from expenditures of
public funds for improvement and beautification of
street and public facilities within the area.
•
4. The proposed development promotes the maintenance
of superior site location characteristics
adjoining major thoroughfares of City -wide
importance.
33
MINUTES
INDEX
COMMISSIONERS
C F
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r
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W a 0 Z r 0 2
C z a v 3 0 0
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December 6, 1984
of Newport Beach
5. That the Findings listed in "A" of this Exhibit
are made to this portion of the project.
6. Adequate parking spaces and related vehicular
circulation will be provided in conjunction with
the proposed development.
7. The off -site parking areas are so located as to be
useful in conjunction with the proposed uses on
the building sites.
8. Parking on such lots will not create undue traffic
hazards in the surrounding area.
9. Such lots and the building site are in the same
ownership.
10. The owner and the City, upon the approval of City
Council will execute a written instrument of
instruments, approved as to form and content by
the City Attorney , providing for the maintenance
of the required off - street parking on such lots
for the duration of the proposed use or uses on
the building site or sites.
11. That the vacant area resulting from this Site Plan
Amendment can be used for passive open space use
or for office or residential use transferred to
the site from existing allowable development
rights in Newport Center (8400 sq.ft. office,
t 423 dus) subject to review and approval of the
City. Any use of the site other than that which
is currently allowed in Newport Center is subject
to review and approval of a General Plan
Amendment.
1. That development shall be in substantial
conformance with the approved site plan, sign
plans, floor plans, and elevations, except as
noted in the conditions of approval.
2. That all conditions of the approved Traffic Study
be met.
3. That the conditions of Resubdivision No. 752 be
met.
34
MINUTES
MINUTES
INDEX
L!
December 61 1984
4. Construction to meet the requirements of
a 0
,
the uniform Building Code & California
`L
=
-
Administrative Code - Titles 19 & 24.
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5. Any construction on the site should be done in
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accordance with the height restriction for the
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materials, signs, flags, etc. as well as
INDEX
4. Construction to meet the requirements of
the uniform Building Code & California
Administrative Code - Titles 19 & 24.
5. Any construction on the site should be done in
accordance with the height restriction for the
area. Said should apply to any landscape
materials, signs, flags, etc. as well as
structures.
6. That within thirteen feet of the Newport Center
Drive and of Santa Cruz Drive property lines that
no fence or combination retaining wall and fence
be higher than curb height.
7. That a minimum fifteen feet (15') landscape and
sidewalk buffer be maintained between the tennis
court fence and property line along Newport Center
Drive.
8. That within seventy -five feet of the hotel the
•
proposed five and one -half feet (5'1) stucco wall
along Newport Center Drive shall be permitted
within 11 feet of the property line and a screened
retaining wall shall be permitted.
9. The project applicant shall obtain an agreement to
utilize adjacent parking facilities during the
construction period. The applicant shall obtain
an additional agreement for overflow parking
during peak periods, and for special events. Said
agreement(s) shall be reviewed and approved by the
City Attorney and Planning Department prior to the
issuance of any building or grading permits.
10. That the Hotel provide a total of 369 standard
size parking spaces on -site (Parcel No. 3) and
off -site on Parcel No. 2. If additional parking
is required, the parking plan may be modified to
increase the number of spaces by allowing up to
258 compact spaces, subject to the approval of the
Planning Commission.
11. That parking spaces shall be provided for
handicapped persons. The number and location of
these spaces shall be provided in a manner
approved by the City Traffic Engineer and Building
Department.
35
COMMISSIONERS MINUTES
x a December 6, 1984
c o 0
x
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C Z N 0 r o o
12. That a pedestrian sidewalk be provided between the
bus stop on San Joaquin Hills Road and the
stairway to the Wells.Fargo Building.
13. (Deleted by Planning Commission)
14. That the final design of all on -site vehicular and
pedestrian circulation, and parking be reviewed
and approved by the City Traffic Engineer and
Planning Department.
15.. All parking areas and the parking structure shall
be subject to further review and approval by the
Traffic Engineer. This review shall include, but
not be limited to, the number and location of
compact (except for Hotel) and handicap spaces,
aisle widths, access control and maximum slope of
ramps and parking areas..
16. No access shall be allowed from Santa Cruz Drive
• to the overflow parking lot.
17. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that a
total of 369 parking spaces shall be provided for
the duration of the Four Seasons Hotel. The
portion of the 369 total spaces which are not
"on- site" shall be located on Parcel No. 2. The
term of the agreement shall be equal to the
expected life of all structures within Parcel No.
3 or Resubdivision No. 752 as may be determined by
the City based upon information supplied by the
applicant.
18. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
212 parking spaces shall be provided on Parcel No.
1 for the duration of the Wells Fargo Building.
Such spaces shall be within 300 feet of the
office. The term of the agreement shall be equal
to the expected life of the Wells Fargo Building
as may be determined by the City based upon
information supplied by the applicant.
19. That the lighting system shall be designed and
• maintained in such a manner. as to conceal the
light source and to minimize light spillage and
glare to the adjacent uses. The plans shall be
36
12. That a pedestrian sidewalk be provided between the
bus stop on San Joaquin Hills Road and the
stairway to the Wells.Fargo Building.
13. (Deleted by Planning Commission)
14. That the final design of all on -site vehicular and
pedestrian circulation, and parking be reviewed
and approved by the City Traffic Engineer and
Planning Department.
15.. All parking areas and the parking structure shall
be subject to further review and approval by the
Traffic Engineer. This review shall include, but
not be limited to, the number and location of
compact (except for Hotel) and handicap spaces,
aisle widths, access control and maximum slope of
ramps and parking areas..
16. No access shall be allowed from Santa Cruz Drive
• to the overflow parking lot.
17. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that a
total of 369 parking spaces shall be provided for
the duration of the Four Seasons Hotel. The
portion of the 369 total spaces which are not
"on- site" shall be located on Parcel No. 2. The
term of the agreement shall be equal to the
expected life of all structures within Parcel No.
3 or Resubdivision No. 752 as may be determined by
the City based upon information supplied by the
applicant.
18. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
212 parking spaces shall be provided on Parcel No.
1 for the duration of the Wells Fargo Building.
Such spaces shall be within 300 feet of the
office. The term of the agreement shall be equal
to the expected life of the Wells Fargo Building
as may be determined by the City based upon
information supplied by the applicant.
19. That the lighting system shall be designed and
• maintained in such a manner. as to conceal the
light source and to minimize light spillage and
glare to the adjacent uses. The plans shall be
36
COMMISSIONERS
MINUTES
X x m December 6, 1984
F o a v =
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Y 9= m a* m City of Newport Beach
Z O S O O
X a x
ITLL CALL 7stating
prepared and signed by a Licensed
Engineer; with a letter from the Enginthat, in his opinion, this requiremen
met.
20. The applicant shall provide energy - conserving
street and parking lot lighting and minimize
decorative or non - functional lighting in a manner
acceptable to Planning Director.
21. A lighting plan shall be submitted for review by
the Police Department to ensure adequate lighting
of pedestrian walkways and parking areas.
22. The proposed project shall incorporate an internal
security system (i.e. security guards, alarms,
access limits after hours) that shall be reviewed
by the Planning Department.
23. That a public utility easement be provided to the
• City along the easterly property line between
Newport Center Drive and Center Drive for an
existing City water main unless otherwise approved
by the Public Works Department. The configuration
and width of the easement shall be subject to
approval of the Public Works Department.
24. That all buildings on the project site shall be
equipped with fire suppression systems approved by
the Fire Department.
25. That all access to the buildings be approved by
the Fire Department.
26. That all on -site fire protection (hydrants and
Fire Department connections) shall be approved by
the Fire and Public Works Departments.
27. That fire vehicle access shall be approved by the
Fire Department.
28. On -site water mains and fire hydrants locations
are to be approved by the Fire and Public Works
Departments.
• 29. That a non - standard improvement agreement be
executed by the hotel owner if non - standard
improvements are to be constructed over any City
easements. This agreement shall be executed prior
to construction of any non- standard improvements
over City easements.
37
is
•
30. Final design of the project shall provide for the
incorporation of water - saving devices for project
lavatories and other water -using facilities.
31. The project shall incorporate the use of
alternative energy technology into building
designs and systems for heating pools and spas at
the hotel. Prior to the issuance of any building
permit for said the applicant shall demonstrate to
the satisfaction of the Planning Director that the
concerns of this condition have been met.
32. That a system shall be designed to trap kitchen
grease and incorporated into the hotel site
design, to the satisfaction of the City of Newport
Beach Building and utilities Departments. The
location of the grease trap shall be easily
accessible and a city representative shall be
allowed access to inspect the system at all times.
The applicant shall also supply to the City for
approval a grease trap maintenance program that
provides for ongoing maintenance and inspections.
33. That the proposed building identification logo as
shown on the easterly and westerly elevations
between the roof and the sixteenth floor shall not
be internally illuminated.
34. Openable windows for guest rooms shall be used to
allow cooling by normal breezes unless it is
determined for certain areas that they are not
appropriate for safety or security reasons.
35. Interior noise levels in the proposed project
shall not exceed 45 CNEL in any habitable space.
36. Prior to the issuance of building permits, a
program for the sorting of recyclable material
form solid wastes shall be developed and approved
by the Planning Department.
37. All proposed development shall provide for weekly
vacuum sweeping of all surface parking areas.
38. The applicant shall plan and implement a program
to encourage the use of high - occupancy vehicles
and alternate transportation modes for employees
and visitors to the Four Seasons Hotel, in a
manner acceptable to the Planning Director. Said
38
MINUTES
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December 6, 1984
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30. Final design of the project shall provide for the
incorporation of water - saving devices for project
lavatories and other water -using facilities.
31. The project shall incorporate the use of
alternative energy technology into building
designs and systems for heating pools and spas at
the hotel. Prior to the issuance of any building
permit for said the applicant shall demonstrate to
the satisfaction of the Planning Director that the
concerns of this condition have been met.
32. That a system shall be designed to trap kitchen
grease and incorporated into the hotel site
design, to the satisfaction of the City of Newport
Beach Building and utilities Departments. The
location of the grease trap shall be easily
accessible and a city representative shall be
allowed access to inspect the system at all times.
The applicant shall also supply to the City for
approval a grease trap maintenance program that
provides for ongoing maintenance and inspections.
33. That the proposed building identification logo as
shown on the easterly and westerly elevations
between the roof and the sixteenth floor shall not
be internally illuminated.
34. Openable windows for guest rooms shall be used to
allow cooling by normal breezes unless it is
determined for certain areas that they are not
appropriate for safety or security reasons.
35. Interior noise levels in the proposed project
shall not exceed 45 CNEL in any habitable space.
36. Prior to the issuance of building permits, a
program for the sorting of recyclable material
form solid wastes shall be developed and approved
by the Planning Department.
37. All proposed development shall provide for weekly
vacuum sweeping of all surface parking areas.
38. The applicant shall plan and implement a program
to encourage the use of high - occupancy vehicles
and alternate transportation modes for employees
and visitors to the Four Seasons Hotel, in a
manner acceptable to the Planning Director. Said
38
MINUTES
MINUTES
X x ml
December 6, 1984
c o
program shall include hotel employees being
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encouraged to use the OCTD Transit system through
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the provision of subsidized bus passes or other
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Newport
Beach
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39. Prior to the issuance of any building permit, the
INDEX
program shall include hotel employees being
encouraged to use the OCTD Transit system through
the provision of subsidized bus passes or other
appropriate means.
39. Prior to the issuance of any building permit, the
sum of $270,671.50 shall have been deposited with
the City. In addition, a balance of $213,828.50
shall be deposited with the City prior to
occupancy of the hotel. This condition shall be
interpreted as satisfying all noise wall, traffic
signal and traffic circulation system improvement
obligations of the Four Seasons Hotel as
previously set forth under Traffic Study
Conditions No. 1 and' 2, Resubdivision No. 752
Conditions No. 23, 24, 25, 28, 40, 41 and 42; Site
Plan Review No. 32 (Amended) Conditions No. 2 and
3, and the Resolution. adopting General Plan
Amendment No. 82 -2.
40. That any rooftop 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 and that any mechanical equipment
and emergency power generators shall be screened
from view.
41. Signage and exterior lighting shall be of similar
design theme throughout the project and shall be
approved by the Planning and Public Works
Departments.
42. The portion of Parcel 2 not developed with surface
parking or parking structure shall be landscaped
with trees, shrubs, groundcover and paving similar
in character to the hotel grounds. Pedestrian
access shall be provided to allow use of this area
by both hotel patrons and other users of Block
600. The landscape plan shall be prepared by a
licensed landscape architect and be reviewed by
the Planning and Parks, Beaches and Recreation
Departments. The landscaping shall be installed
prior to issuance of the Certificate of Occupancy
for the hotel.
43. That prior to the issuance of building permits,
the Fire Department shall review the proposed
plans and may require automatic .fire sprinkler
protection.
39
MINUTES
I
INDEX ■
Item #9
UP 3120
V 1118
R 724
(Revised)
Approved
Condition-
ally
X x
_
December 6, 1984
A. Use Permit No. 3120 (Public Hearing)
c o
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Request to consider the reconstruction and expansion of
x
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include the removal of the existing building and the
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City
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Newport
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will include a partial subterranean parking level and
I
INDEX ■
Item #9
UP 3120
V 1118
R 724
(Revised)
Approved
Condition-
ally
A. Use Permit No. 3120 (Public Hearing)
Request to consider the reconstruction and expansion of
the existing Fun Zone property in the C -1 District to
include the removal of the existing building and the
construction of four new single story buildings which
will include a partial subterranean parking level and
expanded facility for retail sales, take -out restau-
rants, and related outdoor seating and the continuation
of the arcade, ferris wheel and carousel attractions.
The proposal also includes the following: the approval
of an Off -Site Parking Agreement for a portion of the
required off - street parking spaces on property located
on the southwesterly corner of Washington Street and
East Bay Avenue (209 Washington Street); a modification
to the Zoning Code so as to allow the use of compact
parking spaces for a portion of the required off - street
parking to be located on site; and the use of tandem
parking spaces with valet parking service on the
off -site parking location; an exception to the Sign
Ordinance so as to allow the construction of three
.
metal arched roof signs with tivoli lighting; the
approval of an architectural roof -top cuploa that
exceeds the basic 26 foot height limit; and the accep-
tance of an environmental document.
AND
B. Variance No. 1118 (Public Hearing)
Request to waive a portion of the required off- street
parking spaces and to permit a ferris wheel in the
public boardwalk to exceed a height of 35 feet in the
26/35 Foot Height Limitation District in conjunction
with a revised concept of development for the Fun Zone
property.
AND
C. Resubdivision No. 724 (Revised) (Public Hearing)
Request to revise a previously approved resubdivision
which established a single building site and removed
interior property lines where eight parcels presently
exist. The proposed revisions include the applicant's
request to revise or delete previous conditions of ap-
•
proval in conjunction with a revised concept of devel-
opment for the Fun Zone property.
I
INDEX ■
Item #9
UP 3120
V 1118
R 724
(Revised)
Approved
Condition-
ally
MINUTES
10 -1z
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December 6, 1984
City of Newport Beach
L CALL
INDEX
LOCATION: Lots 1 through 7, Block B, Bayside
Tract, and portions of Section 35,
Township G .South, Range 10 West, San
Bernardino Meridian, located at 600
Edgewater Avenue, bounded by East Bay
Avenue, Washington Street, Palm Street
and Newport Bay, in Central Balboa.
ZONE: C -1
APPLICANT: Yavar Industries, R.E., Newport Beach
OWNER: Same as applicant
ENGINEER: Rick Dayton,'Balboa Island
Commissioner Person stepped down from the dais and
refrained from deliberation on this agenda item due to
a potential conflict of interest.
In response to a question posed by Commissioner
Eichenhofer, City Engineer Webb stated that the height
of the ramp to the subterranean garage is approximately
112 feet to 2 feet above the abutting sidewalk.
Mr. Webb responded to Chairman. Winburn's question
regarding the four available parking spaces on
Washington Street, that the circulation would not be
greatly affected if the automobiles had to back out
onto East Bay Avenue from Washington Street.
Commissioner Turner and Mr. Webb discussed the
possibility of a mall on Washington Street and the
possible maintenance program. Mr. Webb stated that if
the mall would be created and dedicated to the public
and approved by the City Council, then the City would
pay for the maintenance. If the mall would become an
addition to an adjoining development, then that
development would be responsible for the maintenance.
The public hearing opened in connection with this item,
and Ms. Katherine May, representing the applicant,
appeared before the Planning Commission. Ms. May
commented that the current Fun Zone proposal has
received the support of Mr. Curt Herberts, a
neighboring tenant, and the Balboa Improvement
•
Association.
42
•
December 6, 1984
of Newport Beach
Ms. May referred to Condition No. 30, and stated that
the applicant would have difficulty forcing an employee
to park on -site. The applicant recommends that the
condition be reworded to read that parking is available
to the employees on -site.
In reference to Condition No. 29, Ms. May stated that
the 15 parking spaces for the Fun Zone marina have been
obtained through a long -term lease on a lot across Palm
Street from the subject property. Ms. May recommended
that the condition be revised considering that the 15
marina parking spaces in addition to the 56 on -site
parking spaces will be available to employees and
visitors. Ms. May recommended Condition No. 29 read as
follows:
"That the applicant shall provide a minimum of 56
on -site parking spaces .within the subterranean
parking area to be available for employee or
marina parking. Proposed compact parking spaces
shall not exceed 25% of the total on -site parking
spaces."
In response to a concern that Staff had regarding the
applicant leasing or sub- leasing of the parking spaces,
and that the applicant may lose future control of the
15 parking .spaces, Ms. May recommended the following
condition be added:
"That the applicant shall not lease or sub -lease
any or all parking spaces within the subterranean
parking area ".
Ms. May cited that Condition No. 16 clearly defines the
amplified music that would be acceptable by the City;
therefore, the applicant has recommended that Condition
No. 58(d) read as follows: "provision of live
entertainment or dancing ", deleting "amplified music"
because there will be various forms of music within the
Fun Zone area, such as the carousel, arcades and
possibly in several of the shops.
In response to Commissioner Turner's question regarding
the recommended sub- leasing condition, City Attorney
Burnham stated that he would not oppose the applicant's
recommendation. Mr. Burnham commented that the
applicant should be required to put a provision in the
tenants' leases stating that the tenants shall put
forth their best efforts to inform the tenants'
employees to use the on -site or off -site parking
43
MINUTES
x x
c o �
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m
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W
9
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N
O S o O o O
M m
m a r m
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2
A S '" m
•
December 6, 1984
of Newport Beach
Ms. May referred to Condition No. 30, and stated that
the applicant would have difficulty forcing an employee
to park on -site. The applicant recommends that the
condition be reworded to read that parking is available
to the employees on -site.
In reference to Condition No. 29, Ms. May stated that
the 15 parking spaces for the Fun Zone marina have been
obtained through a long -term lease on a lot across Palm
Street from the subject property. Ms. May recommended
that the condition be revised considering that the 15
marina parking spaces in addition to the 56 on -site
parking spaces will be available to employees and
visitors. Ms. May recommended Condition No. 29 read as
follows:
"That the applicant shall provide a minimum of 56
on -site parking spaces .within the subterranean
parking area to be available for employee or
marina parking. Proposed compact parking spaces
shall not exceed 25% of the total on -site parking
spaces."
In response to a concern that Staff had regarding the
applicant leasing or sub- leasing of the parking spaces,
and that the applicant may lose future control of the
15 parking .spaces, Ms. May recommended the following
condition be added:
"That the applicant shall not lease or sub -lease
any or all parking spaces within the subterranean
parking area ".
Ms. May cited that Condition No. 16 clearly defines the
amplified music that would be acceptable by the City;
therefore, the applicant has recommended that Condition
No. 58(d) read as follows: "provision of live
entertainment or dancing ", deleting "amplified music"
because there will be various forms of music within the
Fun Zone area, such as the carousel, arcades and
possibly in several of the shops.
In response to Commissioner Turner's question regarding
the recommended sub- leasing condition, City Attorney
Burnham stated that he would not oppose the applicant's
recommendation. Mr. Burnham commented that the
applicant should be required to put a provision in the
tenants' leases stating that the tenants shall put
forth their best efforts to inform the tenants'
employees to use the on -site or off -site parking
43
MINUTES
COMMISSIONERS
•
December 6, 1984
of Newport Beach
44. Development of site shall be subject to a
grading permit to be approved by the Building
and Planning Departments.
45. That a grading plan shall include a complete
plan for temporary and permanent drainage
facilities, to minimize any potential impacts from
silt, debris, and other water pollutants.
46. The grading permit shall include a
description of haul routes, access points to the
site, watering, and sweeping program designed to
minimize impact of haul operations.
47. An erosion, siltation and dust control plan shall
be submitted and subject to the approval of the
Building Department and a copy shall be forwarded
to the California Regional Water Quality Control
Board, Santa Ana Region.
48. That grading shall be conducted in accordance with
plans prepared by a Civil Engineer and based on
recommendations of a soil engineer and an
engineering 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
Department.
49. That erosion control measures shall be done on any
exposed slopes within thirty days after grading or
as approved by the Grading Engineer.
t * x
Planning Commission recessed
reconvened at 11:25 p.m.
40
at 11:15 P.M. and
MINUTES
INDEX
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•
December 6, 1984
of Newport Beach
44. Development of site shall be subject to a
grading permit to be approved by the Building
and Planning Departments.
45. That a grading plan shall include a complete
plan for temporary and permanent drainage
facilities, to minimize any potential impacts from
silt, debris, and other water pollutants.
46. The grading permit shall include a
description of haul routes, access points to the
site, watering, and sweeping program designed to
minimize impact of haul operations.
47. An erosion, siltation and dust control plan shall
be submitted and subject to the approval of the
Building Department and a copy shall be forwarded
to the California Regional Water Quality Control
Board, Santa Ana Region.
48. That grading shall be conducted in accordance with
plans prepared by a Civil Engineer and based on
recommendations of a soil engineer and an
engineering 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
Department.
49. That erosion control measures shall be done on any
exposed slopes within thirty days after grading or
as approved by the Grading Engineer.
t * x
Planning Commission recessed
reconvened at 11:25 p.m.
40
at 11:15 P.M. and
MINUTES
INDEX
COM
MINUTES
INDEX
.7
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m
December 6, 1984
spaces. Mr. Burnham discussed the proposed condition
C o
regarding the 15 marina parking spaces by stating that
x
the condition should require the applicant to provide a
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total of 71 parking spaces which would also include the
56 on -site parking spaces for the Fun Zone employees.
M
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City
of
Newport
Beach
provide 15 additional off -site parking spaces for the
INDEX
44
spaces. Mr. Burnham discussed the proposed condition
regarding the 15 marina parking spaces by stating that
the condition should require the applicant to provide a
total of 71 parking spaces which would also include the
56 on -site parking spaces for the Fun Zone employees.
Mr. Burnham explained that the applicant.would have to
provide 15 additional off -site parking spaces for the
marina parking. Mr. Burnham also approved of the
conditions regarding the amplified music.
Mr. Burnham informed Commissioner Kurlander that the
applicant has a firm long -term lease in conjunction
with the 15 parking spaces for the Fun Zone marina.
Mr. Butch Wilson, co -owner of the Balboa Saloon,
commented that if Washington Street would be converted
into a mall and there would be four less parking
spaces, that he would recommend that the City install
bicycle racks in the mall as many visitors ride bicyles
to the peninsula during the summer months. Mr. Wilson
stated that Washington Street is presently maintained
�.
by the City and local businesses.
The public hearing was closed at this time.
Chairman Winburn complimented the applicant for
providing the parking spaces that are in addition to
the City's recommended number of parking spaces.
Commissioner Eichenhofer stated that the parking spaces
will not be for public use, but only for marina and
employee parking.
Ms. May responded to Commissioner Turner's question, by
stating that the applicant would maintain Washington
Street if the area would be converted to a mall. Ms.
May further stated that the.bicycle racks would also be
acceptable.
In response to a question posed by Commissioner
Kurlander, Mr. Burnham stated that there would be a
public hearing prior to the time that Washington Street
would be converted into a mall. Mr. Burnham stated
that if the City Council would approve the area as a
pedestrian mall, then he would recommend that the
applicant maintain the property.
*on
x
Motion was made to approve Use Permit No. 3120, subject
to the findings and conditions in Exhibit "A" with the
44
*sent
Motion
Ayes
Absent
Motion
Ayes
Absent
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December 6, 1984
MINUTES
of Newport Beach
INDEX
following revisions: Condition No. 29 be revised to
read that the applicant shall provide 71 parking
spaces, with 56 spaces provided on -site within the
subterranean structure and 15 spaces provided off -site;
Condition No. 30 be revised so that the Fun Zone
employees shall park on -site or on the approved
off -site location; Condition No. 58 (d) "or amplified
music" shall be deleted; and add Condition No. 61
stating that the applicant shall agree to dedicate to
the City all vehicular access rights and all property
rights necessary to implement the conversion of a
pedestrian mall on Washington Street.
Mr. Burnham stated that the parking agreement between
the City and the applicant is a standard off -site
parking agreement that is required wherever there is
off -site parking within the City.
Commissioner Kurlander stated that he will support the
motion considering that the applicant has provided
on -site parking.
Motion voted on and MOTION CARRIED.
Motion was made to approve Variance No. 1118 subject to
the findings and conditions of Exhibit "A ". MOTION
CARRIED.
Motion was made to approve Resubdivision No. 724
subject to the findings and conditions of Exhibit "A ".
MOTION CARRIED.
ENVIRONMENTAL DOCUMENT
1. Approve the Negative Declaration and supportive
materials thereto; and
2. Make the Findings listed below:
FINDINGS
1. That the environmental document is complete and
has been prepared in compliance with the
California Environmental Quality Act (CEQA) , the
State EIR Guidelines and City Policy.
• I I I I 2. That the contents of the environmental document
have been considered in the various decision on
this project.
45
MINUTES
INDEX
X x
December 6, 1984
3. That in order to reduce adverse impacts of the
'
proposed project, all feasible mitigation measures
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discussed in the environmental document have been
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4. That based upon the information contained in the
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are incorporated into the project, .it will not
INDEX
3. That in order to reduce adverse impacts of the
proposed project, all feasible mitigation measures
discussed in the environmental document have been
incorporated and are expressed as conditions.
4. That based upon the information contained in the
Initial Study, Negative Declaration and supportive
materials thereto, that if the mitigation measures
are incorporated into the project, .it will not
have a significant adverse impact on the environ-
ment.
The Findings made with regard to the Environmental
Document described above apply to the action taken for
Use Permit No. 3120, Variance No. 1118 and
Resubdivision No. 724 (Revised).
USE PERMIT NO. 3120
FINDINGS
1. That the proposed development is consistent with
•
the General Plan; the Land Use Plan of the Local
Coastal Program as conditionally certified by the
Coastal Commission and accepted by the City
Council; and is compatible with surrounding land
uses.
2. That the waiver of the take -out restaurant devel-
opment standards will be of no further detriment
to adjacent properties inasmuch as the proposed
take -out restaurants are part of a larger overall
development which in some ways is not conducive to
such standards, but is designed in a way that
meets the purpose and intent of such design
standards.
3. That the two proposed metal arched roof signs with
Tivoli lighting comply with all applicable
provisions of the Sign Ordinance and that their
size, number and location have been considered in
the overall design and character of the subject
project.
4. That the roof -top architectural feature in excess
•
of the permitted height limit is an ornamental
feature which will add to the character of the
building, and will not block any views.
5. That the establishment, maintenance or operation
of the use of the property or building will not,
46
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December 6, 1984
of Newport Beach
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 improve-
ments in the neighborhood of the general welfare
of the City, and further that the proposed modi-
fication to allow the use of compact parking
spaces is consistent with the legislative intent
of Title 20 of the Municipal Code.
CONDITIONS
1. That development shall be in substantial confor-
mance with the approved plot plan, floor plan, and
elevations except as noted below.
2. That all applicable conditions of Resubdivision
No. 724 (Revised) as approved by the Planning
Commission on December 6, 1984 shall be fulfilled.
3. That prior to the issuance of building permits,
the Fire Department shall review the proposed
plans and may require automatic fire sprinkler
protection.
4. The Fire Department access to the site and build-
ings shall be approved by the Fire Department.
S. That all on -site fire protection (hydrants and
Fire Department connections) shall be approved by
the Fire and Public Works Departments.
6. A landscape and irrigation plan for the project
shall be prepared by a licensed landscape archi-
tect. (Prior to the occupancy of any structure,
the licensed landscape. architect shall certify to
the Planning Department that the landscaping has
been installed in accordance with the prepared
plan) .
7. The landscape plan shall be subject to the review
of the Parks, Beaches and Recreation Department,
the Public Works Department and approval of the
Planning Department.
8. The landscape plan shall include a maintenance
program which controls the use of .fertilizers and
pesticides.
47
MINUTES
•
December 6, 1984
of Newport Beach
9. The landscape plan shall place heavy emphasis on
the use of drought- resistant native vegetation and
be irrigated via a system designed to avoid
surface runoff and over - watering. ,
10. Street trees shall be provided along the public
streets as required by the Public Works Department
and the Parks, Beaches and Recreation Department.
11. Landscaping shall be regularly maintained free of
weeds and debris. All vegetation shall be regu-
larly trimmed and kept in a healthy condition.
12. That landscape plan shall be designed so as to be
visually cohesive with the character of the
Central Balboa area. Palm Street shall be planted
with palm trees. East Bay Avenue, Washington
Street, and Edgewater Place shall be landscaped
with trees in such a manner as to achieve a canopy
effect similar to Main Street in the Central
Balboa area.
13. Street signs, tables, benches, planters, and other
similar features onsite or adjacent to the project
site shall be designed with a common theme and
shall be approved by the Public Works; Parks,
Beaches and Recreation; and Planning Departments.
14. The structures shall retain a single design theme
(both interior and exterior). Signage shall be of
a similar design throughout the buildings, and
shall be approved by the Planning Director. There
shall be overall utilization of wooden lap siding
on the exterior facade, complementing the Balboa
Pavilion and the Laguna Federal Savings and Loan
buildings.
15. All mechanical equipment, vents, and other service
equipment shall be shielded or screened by archi-
tectural design.
16. That any mechanical equipment or outdoor music
shall not exceed a sound level greater than 55 Dba
at the bulkhead line and the easterly, southerly
and westerly property lines. Sound attenuation
shall be based upon the recommendations of a
qualified acoustical engineer, and be approved by
the Planning Department.
17. Final design of the project shall provide for the
48
MINUTES
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•
December 6, 1984
of Newport Beach
9. The landscape plan shall place heavy emphasis on
the use of drought- resistant native vegetation and
be irrigated via a system designed to avoid
surface runoff and over - watering. ,
10. Street trees shall be provided along the public
streets as required by the Public Works Department
and the Parks, Beaches and Recreation Department.
11. Landscaping shall be regularly maintained free of
weeds and debris. All vegetation shall be regu-
larly trimmed and kept in a healthy condition.
12. That landscape plan shall be designed so as to be
visually cohesive with the character of the
Central Balboa area. Palm Street shall be planted
with palm trees. East Bay Avenue, Washington
Street, and Edgewater Place shall be landscaped
with trees in such a manner as to achieve a canopy
effect similar to Main Street in the Central
Balboa area.
13. Street signs, tables, benches, planters, and other
similar features onsite or adjacent to the project
site shall be designed with a common theme and
shall be approved by the Public Works; Parks,
Beaches and Recreation; and Planning Departments.
14. The structures shall retain a single design theme
(both interior and exterior). Signage shall be of
a similar design throughout the buildings, and
shall be approved by the Planning Director. There
shall be overall utilization of wooden lap siding
on the exterior facade, complementing the Balboa
Pavilion and the Laguna Federal Savings and Loan
buildings.
15. All mechanical equipment, vents, and other service
equipment shall be shielded or screened by archi-
tectural design.
16. That any mechanical equipment or outdoor music
shall not exceed a sound level greater than 55 Dba
at the bulkhead line and the easterly, southerly
and westerly property lines. Sound attenuation
shall be based upon the recommendations of a
qualified acoustical engineer, and be approved by
the Planning Department.
17. Final design of the project shall provide for the
48
MINUTES
COM
December 6, 1984
of Newport Beach
A x
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lavatories and other water -using facilities.
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accordance with the height restriction. This
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flags, etc., as well as structures, except as may
December 6, 1984
of Newport Beach
MINUTES
INDEX
incorporation of water - saving devices for project
lavatories and other water -using facilities.
18. Any construction on the site shall be done in
accordance with the height restriction. This
shall apply to any landscape materials, signs,
flags, etc., as well as structures, except as may
be modified by the approval of this use permit.
19. The grading plan shall.include a complete plan for
temporary and permanent drainage facilities, to
minimize any potential impacts from silt, debris,
and other water pollutants.
20. The grading permit shall include, a description of
haul routes access points to the site and watering
and sweeping program designed to minimize impact
of haul operations on the public streets system.
The routes and cleaning program shall be approved
by the Public Works Department.
21. An erosion, siltation and dust control plan, if
required shall be submitted and be subject to the
approval of the Building Department and a copy
will be forwarded to the California Regional water
Quality Control Board Santa Ana Region.
22. That grading shall be conducted in accordance with
plans prepared by a Civil Engineer and based on
recommendations of a soil engineer and an
engineering geologist based upon the completion of
a comprehensive soil and geologic investigation of
the site. This shall establish parameter of
design for the proposed structures and also
provide recommendations for grading. Permanent
reproducible copies of the "Approved as Built"
grading plans on standard size sheets shall be
furnished to the Building Department.
23. A system of garage floor drainage shall be
designed to keep the subterranean parking area dry
and to remove oil and grease from collected
wastewater prior to disposal into public drains
and /or Newport Bay. This system shall meet the
specifications of the City of Newport Beach and
•
the Regional Water Quality Control Board, Santa
Ana Region.
24. With the exception of the approved security
49
MINUTES
INDEX
MINUTES
A x
n
December 6, 1964
lighting, nighttime lighting shall be limited to
that which is customary for normal business
v v
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operations and consistent with the proposed
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project design and architectural style. Outlining
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with that of the Pavilion. The outlining, if
lighting, nighttime lighting shall be limited to
that which is customary for normal business
operations and consistent with the proposed
project design and architectural style. Outlining
of the proposed structure, including the ferris
wheel, shall be permitted in a manner consistent
with that of the Pavilion. The outlining, if
accomplished, shall use smaller and dimmer bulbs
than the Pavilion. Said lighting plans shall be
approved by the Planning Director.
25. Fugitive dust emissions during demolition and
construction shall be minimized by watering the
site for dust control, containing excavated soil
onsite until it is hauled away, and periodically
washing adjacent streets to remove accumulated
materials.
26. The following disclosure statement of the City of
Newport Beach's policy regarding the John Wayne
Airport should be included in all leases or
sub - leases for space in the project and should be
•
included in any Covenants Conditions, and Re-
strictions which may be recorded against any
undeveloped site.
DISCLOSURE STATEMENT
The lessee, his heirs, successors and assigns,
herein, acknowledge that:
a) The John Wayne Airport may not be able to
provide adequate air service for business
establishments which rely on such service;
b) When an alternate air facility is available,
a complete phase out of jet service may occur
at the John Wayne Airport;
c) The City of Newport Beach will continue to
oppose additional commercial area service
expansions at the John Wayne Airport;
d) Lessee, his heirs, successors and assigns,
will not actively oppose any action taken by
•
the City of Newport Beach to phase out or
limit jet air service at the John Wayne Air-
port.
27. That the applicant shall be required to obtain the
50
COMMISSIONERS
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December 6, 1984
of Newport Beach
services of a licensed inspection agency, suitable
to the Building Department, to check the engineer-
ing and inspect the installation of the proposed
ferris wheel and carousel, and that said agency
shall certify in writing to the Building Depart-
ment, the adequacy of said engineering and instal-
lation prior to the operation of the equipment.
28. Prior to the issuance of Building .Permits, the
applicant shall deposit $15,000 with the City for
non - standard off -site improvements at the end of
Washington Street, adjacent to the subject proj-
ect. The applicant shall also submit plans for
said improvements which shall be subject to the
approval of the Parks, Beaches and Recreation,
Public Works, and Planning Departments. The
applicant shall also agree to participate in the
implementation of a tram shuttle system, should it
occur, on a pro rata basis, based on square
footage equal to other merchants in the area.
29. That the applicant shall provide 71 parking
spaces for employee or marina use, with 56 of the
spaces to be provided on -site within the
subterranean structure. The applicant shall also
provide 15 off -site parking spaces on the Balboa
Landing property, located westerly of Palm Street
between Edgewater Avenue and East Bay Avenue. The
applicant shall enter into an off -site parking
agreement approved in form and content by the City
Attorney and approved by the City Council with
respect to the off -site parking spaces. The
applicant shall not lease or sub -lease any of the
on -site parking spaces. Proposed compact parking
spaces shall not exceed 25% of the total on -site
parking spaces.
30. All Fun zone employees shall park on -site or on
the approved off -site parking location. The
applicant shall be required to put a provision in
the tenants' leases, stating that the tenants
shall put forth their best efforts to inform their
employees to use the on -site or off -site parking
spaces.
31. That any tables in the pedestrian easement area
shall be for general public use and that no food
be served to customers at the tables by adjoining
restaurants.
51
MINUTES
COMMISSIONERS
•
•
December 6, 1984
Of
32. That outdoor
on -site, but
walkway.
t Beach
flower sales shall be permitted
shall not be permitted in the public
MINUTES
33. 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 if required by the .
Building Department. .
34. That the hours of operation of the Fun Zone
property shall be limited from 5:00 a.m. to 12:00
midnight, Sunday through Thursday, and 5:00 a.m.
to 2:00 a.m., Friday and Saturday and recognized
holidays.
35. That an entirely enclosed trash storage room shall
be provided for the proposed project. Said room
shall be secured at all times and shall be acces-
sible to the project tenants and management only.
36. That a centralized trash compaction system shall
be provided for the proposed project and shall be
used for the compaction and handling of all trash
generated from the project.
37. That a commercial trash pick -up shall be provided
three times a week during the winter months and
six times a week during the summer months.
38. That a cleanup program for public walkways and
on -site pedestrian circulation areas shall be
conducted on a daily basis. Said cleanup program
shall include steam cleaning all public and
private pedestrian walkways adjacent to and within
the subject property and that said cleaning shall
be provided twice a month during the summer season
and once a month during the remainder of the year.
39. That the trash storage room shall be equipped with
a washout area with drain that shall be connected
to the sanitary sewer system.
40. That the applicant shall provide a $5,000 cash
deposit to the City of Newport Beach which shall
be deposited in an interest bearing account to the
benefit of the applicant for the purpose of
insuring the required steam cleaning of public
sidewalks and private onsite pedestrian walkways
adjacent to and within the subject project.
52
INDEX
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December 6, 1984
Of
32. That outdoor
on -site, but
walkway.
t Beach
flower sales shall be permitted
shall not be permitted in the public
MINUTES
33. 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 if required by the .
Building Department. .
34. That the hours of operation of the Fun Zone
property shall be limited from 5:00 a.m. to 12:00
midnight, Sunday through Thursday, and 5:00 a.m.
to 2:00 a.m., Friday and Saturday and recognized
holidays.
35. That an entirely enclosed trash storage room shall
be provided for the proposed project. Said room
shall be secured at all times and shall be acces-
sible to the project tenants and management only.
36. That a centralized trash compaction system shall
be provided for the proposed project and shall be
used for the compaction and handling of all trash
generated from the project.
37. That a commercial trash pick -up shall be provided
three times a week during the winter months and
six times a week during the summer months.
38. That a cleanup program for public walkways and
on -site pedestrian circulation areas shall be
conducted on a daily basis. Said cleanup program
shall include steam cleaning all public and
private pedestrian walkways adjacent to and within
the subject property and that said cleaning shall
be provided twice a month during the summer season
and once a month during the remainder of the year.
39. That the trash storage room shall be equipped with
a washout area with drain that shall be connected
to the sanitary sewer system.
40. That the applicant shall provide a $5,000 cash
deposit to the City of Newport Beach which shall
be deposited in an interest bearing account to the
benefit of the applicant for the purpose of
insuring the required steam cleaning of public
sidewalks and private onsite pedestrian walkways
adjacent to and within the subject project.
52
INDEX
MINUTES
53
x x
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December 6, 1984
41. That the applicant shall provide a minimum 6 ft.
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high wrought iron fence and /or gate at each
entrance or other point of access to the interior
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courtgard, and subterranean parking area and
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surrounding the proposed ferris wheel. Security
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combination of a 5 foot high retaining wall and a
53
41. That the applicant shall provide a minimum 6 ft.
high wrought iron fence and /or gate at each
entrance or other point of access to the interior
courtgard, and subterranean parking area and
surrounding the proposed ferris wheel. Security
fencing adjacent to the carousel shall be a
combination of a 5 foot high retaining wall and a
42 inch high wrought iron railing.
42. That applicant shall provide security lighting for
the subject project which shall be subject to the
Police Department and Planning Department approval
prior to the issuance of building permits.
43. That the security lighting shall be designed and
maintained in such a manner as to conceal the
light source and to minimize light spillage and
glare to the adjacent area. The plans shall be
prepared and signed by a Licensed Electrical
Engineer; with a letter from the Engineer stating
that, in his opinion, this requirement has been
•
met.
44. Public bathrooms shall be provided for the subject
project and shall be available for use by the
existing marina, bayward of the site. Said
bathrooms shall be fully secured after closing
hours with the exception that said facilities
shall be available to the marina at all times.
45. The applicant shall provide a site security plan
for the proposed project which shall be subject to
the approval of the Police Department. Said plan
shall fully describe proposed security measures
for the project site (i.e., lighting, fencing
patrols, key card access system).
46. All onsite drainage shall be approved by the
Building Department.
47. The applicant shall show evidence of having
received a completion bond from the project
general contractor guaranteeing the completion of
the proposed project. The form and content of
said bond shall be satisfactory to the City
Building Department and City Attorney's Office.
•
48. That all signs shall conform to the provisions of
Chapter 20.06 of the Municipal Code.
53
•
•
49. The relocation of public utilities shall be
coordinated with and approved by local utility
companies and public agencies as appropriate.
50. A system of barriers and overhead protection shall
be required during demolition processes in order
to prevent debris from falling into adjacent
streets and Newport Bay.
51. During any closure of.adjoining streets or walk-
ways which may be required during the proposed
construction phases, alternative pedestrian
circulation shall be provided to the satisfaction
of the City of Newport Beach Planning and Public
Works Departments. .
52. The building contractor shall examine existing
streets to ensure that. trucks assigned to the
project can negotiate required turns and demon-
strate such to the satisfaction of the Public
Works and Building Departments.
53. Construction workers shall utilize public parking
lots at Palm Street and Main Street.
54. Prior to occupancy of the buildings, the applicant
shall provide written verification from Orange
County Sanitation District No. 5 that adequate
sewer capacity is available to serve the project.
55. That any fortune telling (i.e. palm reading) use
on the property shall be subject to any new
regulations that the City adopts prior to the time
the project is developed.
56. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090,A of the Newport
Beach Municipal Code.
57. 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,
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
54
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December 6, 1984
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49. The relocation of public utilities shall be
coordinated with and approved by local utility
companies and public agencies as appropriate.
50. A system of barriers and overhead protection shall
be required during demolition processes in order
to prevent debris from falling into adjacent
streets and Newport Bay.
51. During any closure of.adjoining streets or walk-
ways which may be required during the proposed
construction phases, alternative pedestrian
circulation shall be provided to the satisfaction
of the City of Newport Beach Planning and Public
Works Departments. .
52. The building contractor shall examine existing
streets to ensure that. trucks assigned to the
project can negotiate required turns and demon-
strate such to the satisfaction of the Public
Works and Building Departments.
53. Construction workers shall utilize public parking
lots at Palm Street and Main Street.
54. Prior to occupancy of the buildings, the applicant
shall provide written verification from Orange
County Sanitation District No. 5 that adequate
sewer capacity is available to serve the project.
55. That any fortune telling (i.e. palm reading) use
on the property shall be subject to any new
regulations that the City adopts prior to the time
the project is developed.
56. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090,A of the Newport
Beach Municipal Code.
57. 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,
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
54
MINUTES
•
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58. That an amendment to the use Permit shall be
required prior to, (a) the sale of alcoholic
beverages on site, (b) any conversion of a
take -out restaurant to a conventional restaurant
as defined in the Zoning Code, (c) the
establishment of any conventional restaurant as
defined in the Zoning Code, (d) provision of live
entertainment or dancing, (e) or any change in the
method or manner of any business. that could
adversely affect the health, safety and welfare of
persons who work or reside in the area.
59. Prior to installing the ferris wheel on any
property subject to an easement or right owned or
held by the City, the applicant shall enter into
an agreement with the City and be approved by the
City Council, that fully protects the City against
any loss or damage from injuries that are in any
way related to the operation or use of the ferris
wheel.
60. That provisions shall be made for bicycle parking
on the site for a minimum of 25 bicycles.
61. In the event that the City Council declares that
Washington Street shall be used only by
pedestrians, or create a pedestrian mall, the
applicant shall agree to dedicate to the City all
vehicular access rights and all property rights
necessary to implement the conversion program, and
the applicant shall also agree to maintain that
portion of the mall for a pedestrian walkway to
the center line of the .previously existing
street. Bicycle racks shall also be provided on
said pedestrian mall by the applicant.
VARIANCE NO. 1118
FINDINGS
1. The existence and retention of the ferris wheel is
an exceptional and extraordinary circumstance
which is suited to the use applied for because the
character of the Fun Zone is directly related to
the retention of the ferris wheel.
2. The granting of a variance for the ferris wheel is
necessary for the preservation and enjoyment of
substantial property rights because the proposed
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development of the Fun Zone significantly enhances
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the maintenance of its historic aspects, one of
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which is the ferris wheel.
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3. The granting of a variance application for the
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height of the proposed ferris wheel will not under
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safety of persons residing or working in the
INDEX
development of the Fun Zone significantly enhances
the maintenance of its historic aspects, one of
which is the ferris wheel.
3. The granting of a variance application for the
height of the proposed ferris wheel will not under
any circumstances materially affect the health or
safety of persons residing or working in the
neighborhood of the property and will not under
the circumstances of the particular case be
materially detrimental to the public welfare or
injurious to property or improvements in the
neighborhood in that the ferris wheel has existed
for many years on the site and has not been
detrimental, but rather has been a positive
recreational resource.
4. That the granting of a variance for a portion of
the off - street parking requirement is necessary
for the preservation and enjoyment of substantial
property rights in that to provide the full
required amount of off - street parking on the
property would destroy the design and character of
the project which has been created in order to
maintain the historical character of the Fun Zone.
5. That the granting of a variance to allow a waiver
of a portion of the required off - street parking
spaces, 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 detrimental or injurious to
property and improvements in the neighborhood or
the general welfare of the city inasmuch as: the
applicant has provided 25 on -site parking spaces
for the estimated net increase in project
employees plus 31 on -site parking spaces for other
employees; that the proposed land uses contained
within the project are not destination uses which
will increase the need for customer parking in the
area; and that the proposed project will not
significantly increase the parking demand of the
area.
6. That the granting of a waiver.of a portion of the
•
required parking is justified in that such a
waiver will allow for a lower intensity develop-
ment which will maintain more of the historical
character of the Fun Zone.
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December 6, 1984
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CONDITIONS:
Beach
1. That development shall be in substantial confor-
mance with the approved plot plan, floor plan,
elevations.
2. That the ferris wheel shall be the only portion of
the project that shall be allowed by a variance to
exceed the height limit.
3. That all the conditions of approval for
Resubdivision No. 724 (Revised) as approved by the
Planning Commission on December 6, 1984 and Use
Permit No. 3120 shall be fulfilled.
RESUBDIVISION NO. 724 (REVISED)
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 all conditions of.the Use Permit No. 3120 and
Variance No. 1118 shall be fulfilled.
2. That the Conditions of Approval for Resubdivision
No. 724 as approved by the Planning Commission on
June 10, 1982, and Resubdivision No. 724 (Revised)
as approved on November 8, 1984 shall be null and
void.
3. That a parcel map be recorded.
4. That all improvements be constructed as required
by ordinance and the Public Works Department.
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CONDITIONS:
Beach
1. That development shall be in substantial confor-
mance with the approved plot plan, floor plan,
elevations.
2. That the ferris wheel shall be the only portion of
the project that shall be allowed by a variance to
exceed the height limit.
3. That all the conditions of approval for
Resubdivision No. 724 (Revised) as approved by the
Planning Commission on December 6, 1984 and Use
Permit No. 3120 shall be fulfilled.
RESUBDIVISION NO. 724 (REVISED)
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 all conditions of.the Use Permit No. 3120 and
Variance No. 1118 shall be fulfilled.
2. That the Conditions of Approval for Resubdivision
No. 724 as approved by the Planning Commission on
June 10, 1982, and Resubdivision No. 724 (Revised)
as approved on November 8, 1984 shall be null and
void.
3. That a parcel map be recorded.
4. That all improvements be constructed as required
by ordinance and the Public Works Department.
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5. That a standard subdivision agreement and accompa-
ONOMMMMMENOW
nying surety be provided 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 proposed vehicular and pedestrian
circulation systems in the parking garage be
subject to further review by the City Traffic
Engineer.
7. That the entrance to the proposed parking garage
be designed with an entrance elevation of 9.00'
MLLW (6.27 M.S.L.) in order to prevent flooding of
the parking structure; that sight distance be
provided at the entrance of the parking garage to
the satisfaction of the Public Works Department
and that the ramp of the entrance to the parking
structure have a maximum slope of 15% with maximum
grade changes of 12% at 6 foot intervals unless
otherwise approved by the Public Works Department.
8. That landscape plans shall be subject to review
and approval of the Parks, Beaches and Recreation
Department and Public Works Department.
9. That a condition survey of the existing bulkhead
along the bay side of the property be made by a
civil or structural engineer, and that the
bulkhead be repaired in conformance with the rec-
ommendations of the conditions survey and to the
satisfaction of the Building Department and Marine
Department. The top of the bulkhead is to be
raised to a minimum of elevation 9.00 above
M.L.L.W. (6.26 MSL).
10. That curb access ramps be constructed at the
corner of East Bay Avenue and Washington Street
and at the corner of East Bay Avenue and Palm
Street which may require the relocation of an
existing palm tree at the corner of East Bay
Avenue and Palm Street.
11. That the existing deteriorated concrete sidewalk
•
and curb along the Palm Street, East Bay Avenue
and Washington Street frontages be constructed
with curb, gutter and sidewalk and that any unused
driveway aprons be removed and replaced with curb,
gutter and sidewalk. An 11' wide sidewalk width
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along Palm Street shall be maintained, and an
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easement for pedestrian purposes shall be granted
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for pedestrian purposes.
along Palm Street shall be maintained, and an
easement for pedestrian purposes shall be granted
to the City. An 8' wide sidewalk shall be con-
structed on East Bay Avenue and additional right
of way as required shall be dedicated to the City
for pedestrian purposes.
12. That a storm drain inlet at the Washington Street
and Palm Street street ends be constructed and
that a valve be installed in the storm drain lines
unless otherwise approved by the Public Works
Department.
13. That the existing overhead utilities along the
Washington Street and Palm Street frontages shall
be undergrounded.
14. That the existing deteriorated street lights
around the perimeter of the site be replaced with
new street lights as approved by the Public Works
Department and Utilities Department, unless other-
wise approved high - pressure sodium -vapor
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luminaries with a multiple wiring system shall be
provided.
15. That a corner cutoff, acceptable to the Public
Works Department, at the corner of Washington
Street and East Bay Avenue and at the corner of
Palm Street and East Bay Avenue be dedicated to
the public for pedestrian purposes.
16. That street, drainage and utility improvements be
shown on standard improvement plans prepared by a
licensed civil engineer.
17. That the applicant shall contribute twenty -five
(25) percent of the cost of signalization of the
intersection of East Balboa Boulevard and Palm
Street which shall be required prior to the
issuance of building permits.
18. That all activities that require full or partial
street closures, parking prohibition, heavy truck
traffic, large or heavy loads or similar activ-
ities shall be approved by the Police Department
and City Traffic Engineer; that trucks shall
•
utilize Washington Street and Palm Street for
ingress and egress; and that closure of Palm
Street shall be prohibited at any time.
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of Newport Beach
19. That a 23- foot -wide surface easement be granted to
the City for pedestrian use adjacent and southerly
of the existing 12 -foot -wide pedestrian easement
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area be maintained within the easement area that
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December 6, 1984
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19. That a 23- foot -wide surface easement be granted to
the City for pedestrian use adjacent and southerly
of the existing 12 -foot -wide pedestrian easement
located along the bay side of the property.
20. That a minimum 15 -foot clear pedestrian easement
area be maintained within the easement area that
will exist from the proposed building line to the
bulkhead line. The exact location and design of
said area shall be subject to the approval of the
Planning Department, Public Works Department, and
Parks, Beaches and Recreation Department.
21. That the owner shall grant public access rights to
the City to enter into an. agreement with the City
to keep the area from the bulkhead to the proposed
structure free from hindrances to public access
and to repair and keep the area in a good and safe
condition at their sole cost and expense.
22. That all landscaping and non - standard paving
surfaces within the public right -of -way and
pedestrian easement be approved by the Public
Works Department and that a license agreement be
provided for maintenance of the non - standard
improvements.
23. That during the construction period, a minimum
12- foot -wide surface pedestrian way be maintained
along the bay on weekends and holidays between
April 1 and June 15 and September 15 and Octo-
ber 15; and that the 12 -foot pedestrian way be
maintained at all times between June 15 and
September 15.
24. That the proposed canopies be permitted within the
public right -of -way provided they are a minimum of
9 feet above sidewalk grade.
25. That special paving treatment common to the
project shall be provided for the existing public
sidewalk areas adjacent to Palm Street, East Bay
Avenue, and Washington Street and the proposed
public walkway adjacent to the bay. Said paving
treatment shall be subject to the approval of the
Public Works Department and the Planning
Department and shall provide a common unified
design which is consistent with other nearby
developments adjacent to the bay.
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