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HomeMy WebLinkAbout12/08/1983MMdSSIOI�RS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers r TIME: 7:30 p.m. 5 DATE: December 8, 1983 1 N ° m F City of Newport Beach j 0 XIXIXIXI A 4 )4 All Present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney • t x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Pamela Woods, Secretary Minutes of September 8, 1983 Commissioner Goff referred to the Minutes of September 8, 1983, Page 16, and stated that the original substitute motion should reflect that the approval of Use Permit No. 1677 (Amended) and the denial of Variance No. 1106, subject to the findings and conditions of Exhibit "C" was voted on, which Motion Failed. Motion X Motion was made for approval of the Minutes of Ayes X X X X September 8, 1983, as revised, which MOTION CARRIED. Abstain X Minutes of September 22, 1983 Motion X Motion was made for approval of the Planning Commission All Ayes X X X X X Minutes of September 22, 1983, as written, which MOTION CARRIED. Minutes of September 28, 1983 Commissioner Person referred to the Minutes of September 28, 1983, Page 5, and stated that Chairman King voted against the first amendment to the motion. Chairman King concurred and stated that he was the 11 maker of the motion but did not accept the amendment to 0 111111 the motion which related to the 25% reduction. -1- MINUTES INDEX OF THE MINUTES MINUTES December 8, 1983 r v m m c a n ro City . of j o � � I INDEX Commissioner Goff referred to Page 7, and stated that Barry Allen appeared before the Commission, rather than Gary Allen. Commissioner Goff referred to Page 11, second paragraph from the bottom; and stated that the correct voting should be verified from the recorded tape of the meeting. Commissioner Goff referred to Page 28, last paragraph, and stated that he voted No on the motion. Motion Motion was made for approval of the Minutes of All Ayes X X X X September 28, 1983, as revised, which MOTION CARRIED. Minutes of October 6. 1983 M ti n on was made for the approval of the Planning X X X Commission Minutes of October 6, .1983, as written, stain X which MOTION CARRIED. Minutes of November 10, 1983 Motion Motion was made for the approval of the Planning All Ayes X X X X Commission Minutes of November 10, 1983, as written, which MOTION CARRIED. Staff advised the Commission that the applicants for Items No. 7, 8 and 10 have requested that these items be continued to the Planning Commission Meeting of January 5, 1984. Motion Motion was made to continue the above listed items to All Ayes X X X X the Planning Commission Meeting of January 5, 1984, which MOTION CARRIED. • IIIIIIII * ** -2- MINUTES December 8, 1983 � x m . City of Newport Beach E ROLL CALL I I I I I I I I I INDEX IffnOWN Request to consider the revocation of a previously approved use permit which permitted the establishment of an automobile sales and service facility in the C -1 -H District. Said revocation proceedings are for failure to comply with required conditions of approval. LOCATION: Lots 39 through 42 of Tract No. 1210, located at 1200 West Coast Highway, on the northerly side of West Coast Highway, across from the Balboa Bay Club. ZONE: APPLICANT: •. I I I' I I OWNERS: C -1 -H Albert Mardikian Engineering, Inc./Trend Import Sales, Inc., Newport Beach Albert and Nelli.Mardikian, Newport Beach The public hearing opened in connection with this item and Mr. John Allison, resident of 409 Jasmine Avenue, representing the applicant and the owner, appeared before the Commission. He requested that Item No. 3 - Use Permit No. 1987 (Amended) and Variance No. 1107 be continued to January 5, 1984, in order to study potential development of the parcel in the future. Mr. Alan Cohen, attorney, representing Southwest Leasing and the lessee Mr. Leo Gugasian, stated that Southwest Leasing is located adjacent to the subject parcel. He stated that they will support the request for a continuance, or request that the amended use permit be denied. He stated that because of an existing building on the Mardikian property that encroaches onto the Southwest Leasing property, a surveyor is scheduled to confirm the extent of the encroachment. I I ( I I In response to a question posed by Chairman King, Mr. Cohen stated that Southwest Leasing was only made aware I I I I I of the encroachment within the last 72 hours. He stated that Mr. Gugasian had not been notified of the recent public hearings involving Trend Import Sales, Inc. -3- Item #1 USE PERMIT NO. 1987 TO THE CITY COUNCIL MINUTES December 8, 1983 F r a m . City of Newport Beach. Chairman King stated that Item No. 1, the continued public hearing relating to the revocation of Use Permit No. 1987, will now proceed. Mr. Allison presented background information on the 1981 approval of the use permit and stated that Mr. Stoner did not have Mr. Mardikian's authorization to agree to Condition No. 6. Therefore, he stated that Condition No. 6, relating to the dedication of land adjacent to West Coast Highway for street and highway purposes, is invalid. He stated that the applicant has complied with the remainder of the conditions of approval. He stated that an amended dedication was submitted by the applicant, however, the Planning Commission would not accept the amended dedication. Chairman King stated that at the last meeting, the Planning Commission specifically requested that Mr. Mardikian appear in person. Mr. Allison stated that • Mr. Mardikian had previous commitments for this evening. He. stated Mr. Mardikian had sent Mr. Stan Kostecki, the architect, and himself, Mr. Allison, to answer questions on this matter. Chairman King stated that Mr. Mardikian has not complied.with the conditions of approval imposed on the use permit since 1981. Motion IXIXIXIX I ] Motion was made to allow Mr. Allison an ,additional two A es minutes before the Planning Commission which MOTION Noes CARRIED. Mr. Allison stated that "grandfather" rights should be considered on this parcel. He stated that the applicant has submitted a request for a General Plan Amendment relating to the proposed expansion of West Coast Highway. He stated that the applicant would be due compensation should the City widen the highway. He stated that the remainder of the conditions of approval have been complied with. Chairman King closed the public hearing. I I Mr. Robert Gabriele, Assistant City Attorney, stated I I I that his numerous communications with Mr. Allison have • ( I I I I I been unreliable and have not resolved the dedication issue as required in Condition No. 6 of the original use permit. MINUTES December 8, 1983 Resubdivision No. 763 (Continued Public Hearing) Item #2 Request to establish one building site and eliminate interior lot lines where four lots presently exist so as to allow alterations to an existing automobile sales and service facility. RESUB- LOCATION: Lots 39 through 42 of Tract No. 1210, DIVISION located at 1200 West Coast Highway, on NO. 763 the northerly side of .West Coast Highway, across from the Balboa Bay Club. ZONE: C -1 -H APPROVED CONDI- APPLICANT: Albert Mardikian, Coast Mesa TIONALLY • I I I I I I I I OWNERS: Albert and Nelli Mardikian,.Newport Beach -5- � m a 5 o m Cit of Newpor t rt Beach ROLL CALL INDEX Mr. Gabriele stated that a tremendous amount of time and energy has been expended by the City staff and the Planning Commission to acquire the street dedication in a manner which would be acceptable to the applicant. However, he stated that to date, the dedication is not acceptable to the applicant. Mr. Gabriele stated that it is the City Attorney's opinion that the appropriateness of Condition No. 6 should not be questioned. He stated that in 1981, Mr. Mardikian's representative, Mr. Stoner, agreed to the conditions of approval which were imposed. In response to a question posed by Commissioner Person, Mr. Gabriele stated that Condition No. 6 imposed on Use Permit No. 1987 in 1981 has not been complied with. Motion X Motion was made to recommend revocation of Use Permit Ayes X X X X X I No. 1987 to the City Council, in that Condition No. 6 �1 of the original use permit has not been complied with, which MOTION CARRIED. Resubdivision No. 763 (Continued Public Hearing) Item #2 Request to establish one building site and eliminate interior lot lines where four lots presently exist so as to allow alterations to an existing automobile sales and service facility. RESUB- LOCATION: Lots 39 through 42 of Tract No. 1210, DIVISION located at 1200 West Coast Highway, on NO. 763 the northerly side of .West Coast Highway, across from the Balboa Bay Club. ZONE: C -1 -H APPROVED CONDI- APPLICANT: Albert Mardikian, Coast Mesa TIONALLY • I I I I I I I I OWNERS: Albert and Nelli Mardikian,.Newport Beach -5- I-1 U Motion .I Ix December 8, 1983 of Newport Beach ENGINEER: Inder Engineering, Fountain Valley The public hearing opened in connection with this item and Mr. John Allison, resident of 409 Jasmine Avenue, representing the applicant and the owner, appeared before the Commission. Mr. Allison stated that the same issues which were discussed in Item No. 1 also apply to this item. Mr. Allison stated that a building permit was issued by the City for the covered parking structure and the City is now requiring the resubdivision. He stated that the applicant is not willing to comply with the condition relating to the street dedication adjacent to West Coast Highway. He stated that the encroachment issue will be .resolved between the applicant and the adjoining property owner. Therefore, he requested that this item be continued. Planning Director Hewicker stated that the resubdivision is required inasmuch as the construction has been performed and the four parcels must now be merged into a single building, site as required by Section 20.87.090 of the Municipal Code. He stated that the building permit was issued based upon information supplied by the applicant which was erroneously presented. In response to a question posed by Commissioner Kurlander, Mr. Donald Webb, City Engineer, referred to Condition No. 6, relating to the traffic signal components, and stated that this is necessary for ingress and egress purposes. Motion was made for approval of Resubdivision No. 763, subject to the findings and conditions contained in Exhibit "A ". Commissioner Kurlander suggested that Condition No. 4, relating to the dedication, be complied with within 90 days. Commissioner_ Person stated that immediate compliance would be more appropriate. Mr. Allison stated • requesting that the motion for approval appropriate. that the applicant is considering item be withdrawn. Therefore, the of the resubdivision would not be S.. MINUTES INDEX r I-1 U Motion .I Ix December 8, 1983 of Newport Beach ENGINEER: Inder Engineering, Fountain Valley The public hearing opened in connection with this item and Mr. John Allison, resident of 409 Jasmine Avenue, representing the applicant and the owner, appeared before the Commission. Mr. Allison stated that the same issues which were discussed in Item No. 1 also apply to this item. Mr. Allison stated that a building permit was issued by the City for the covered parking structure and the City is now requiring the resubdivision. He stated that the applicant is not willing to comply with the condition relating to the street dedication adjacent to West Coast Highway. He stated that the encroachment issue will be .resolved between the applicant and the adjoining property owner. Therefore, he requested that this item be continued. Planning Director Hewicker stated that the resubdivision is required inasmuch as the construction has been performed and the four parcels must now be merged into a single building, site as required by Section 20.87.090 of the Municipal Code. He stated that the building permit was issued based upon information supplied by the applicant which was erroneously presented. In response to a question posed by Commissioner Kurlander, Mr. Donald Webb, City Engineer, referred to Condition No. 6, relating to the traffic signal components, and stated that this is necessary for ingress and egress purposes. Motion was made for approval of Resubdivision No. 763, subject to the findings and conditions contained in Exhibit "A ". Commissioner Kurlander suggested that Condition No. 4, relating to the dedication, be complied with within 90 days. Commissioner_ Person stated that immediate compliance would be more appropriate. Mr. Allison stated • requesting that the motion for approval appropriate. that the applicant is considering item be withdrawn. Therefore, the of the resubdivision would not be S.. MINUTES INDEX MNYSSIONERS . MINUTES December 8, 1983 � r $ y m m City of Newport Beach m;o M ROLL CALL I I I I I I I I I INDEX In response to a question posed by Commissioner Person, Mr. Robert Gabriele, Assistant City Attorney, stated that the resubdivision application is currently pending before the Planning Commission for action. In response to a question posed by Commissioner Balalis, Mr. Gabriele stated that the applicant could request that the item be withdrawn. He suggested that Mr. Allison obtain verification from Mr. Mardikian, that he in fact, has the authority to represent Mr. Mardikian and withdraw said application. Mr. Gabriele stated that if a resubdivision is not I obtained for the parcel, the building would have to be physically torn down, in order to be within compliance of the law. Mr. Allison asked what the consequences would be if the applicant did not comply with the conditions of the resubdivision. Commissioner Balalis stated that if the conditions of approval are not complied with, he would like to see the facility red tagged and the applicant denied entrance to the facility. Mr. Gabriele stated that if the applicant did not comply with the conditions of approval, the City, would seek an injunction against the applicant to prevent the use of the facility. In response to a question posed by Commissioner Kurlander, Mr. Webb stated that the street dedication could be accomplished by a separate document. Mr. Webb stated that the filing of the parcel map could probably not be accomplished within 90 days. In response to a question posed by Planning Director Hewicker, Mr. Webb stated that an easement dedication can be accepted by.the City Manager. Commissioner Goff suggested that Condition No. 4, Amendment X relating to the street dedication, .be complied with within 21 days after approval. Commissioner Person amended his motion to reflect that the dedication shall be complied with within 10 days following the 21 day appeal period to the City Council. A�Ayes ixix r I . X! X� Amended motion by Commissioner Person for approval of I Resubdivision No. 763 was now voted on as follows, which AMENDED MOTION CARRIED: -7- ooII December B, 1983 Beach MINUTES E ROLL CALL { I I I J i l l I INDEX 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. • 11111111 1. Thatsa parcel map be filed. 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 a 12- foot -wide strip of land adjacent to West Coast Highway and across the West Coast Highway frontage shall be dedicated to the City for street and highway purposes, within 10 days following the 21 day appeal period to the City Council. That strip is to be used in the future for the widening of West Coast Highway and shall be dedicated on the proposed parcel map. The encroachments within the proposed dedicated area can remain until such time as West Coast Highway is widened; and at that time, the City shall pay only the cost of rehabilitating that portion of the structure within the public right -of -way. Said modified • I I I I I I I structures shall be permitted a zero front setback after the required street dedications. i X � r ooII December B, 1983 Beach MINUTES E ROLL CALL { I I I J i l l I INDEX 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. • 11111111 1. Thatsa parcel map be filed. 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 a 12- foot -wide strip of land adjacent to West Coast Highway and across the West Coast Highway frontage shall be dedicated to the City for street and highway purposes, within 10 days following the 21 day appeal period to the City Council. That strip is to be used in the future for the widening of West Coast Highway and shall be dedicated on the proposed parcel map. The encroachments within the proposed dedicated area can remain until such time as West Coast Highway is widened; and at that time, the City shall pay only the cost of rehabilitating that portion of the structure within the public right -of -way. Said modified • I I I I I I I structures shall be permitted a zero front setback after the required street dedications. December 8, 1983 r � r v m m a m m City of Newport Beach m� 5. That the westerly drive be closed. 6. That the applicant provide any easements necessary to install traffic signal components to signalize the applicant's driveway. 7. That the applicant shall agree that the proposed development will not increase the need for on- street parking along West Coast Highway and that the applicant agrees not to contest the removal of parking for the restriping or widening of West Coast Highway on the grounds of loss of on- street parking. B. That the existing drive apron be reconstructed to conform with the City Standard 166 -L and that all improvements within the West Coast Highway right - of -way be completed under an encroachment permit issued by the California Department of • Transportation. 9. That a demolition permit be obtained and those portions of the existing structure that cross the westerly side property line be removed. x : A. Use Permit No. 1987 (Amended) (Public Hearing) Request.to amend a previously approved Use Permit which allowed the establishment of an automobile sales and service .facility in the C -1 -H District. The proposed amendment is to expand the existing auto sales facility and to establish a separate automobile service facility. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem parking spaces. AND B. Variance No. 1107 (Public Hearing) Request to waive a portion of the required off- street • parking spaces in conjunction with the expansion of an existing auto sales facility. MINUTES INDEX AND MINUTES INDEX LOCATION: Lots 39 through 42 of Tract December 8, 1983 located at 1200 West Coast Highway, on the northerly side of West Coast . 9 m m moo Q w. City of Newport Beach INDEX LOCATION: Lots 39 through 42 of Tract No. 1210, located at 1200 West Coast Highway, on the northerly side of West Coast Highway, across from the Balboa Bay Club. ZONE: C -1 -H APPLICANT: Albert Mardikian Engineering, Inc./ Trend Import Sales, Inc., Newport Beach OWNERS: Albert and Nelli Mardikian, Newport Beach The public hearing opened in connection with this item and Mr. John Allison, resident of 409 Jasmine Avenue, representing the applicant and the owner, appeared before: the Commission. Mr. Allison stated that in considering the Planning Commission's action taken on Items No. 1 and 2 this evening, he requested that Item No. 3 be continued indefinitely, so that the applicant can pursue the appeal process through the City Council. Mr. Alan Cohen, attorney, representing Southwest Leasing and the lessee Mr. Leo Gugasian, stated that Southwest Leasing is located .adjacent to the subject parcel. He stated that they are requesting a continuance of this item until a surveyor can confirm the extent of the building encroachment onto the Southwest Leasing property. He stated that Southwest Leasing has complied with all of the requirements of the City and that Trend Import Sales, Inc., should also comply with all of the requirements of the City. In response to a question posed by Commissioner Balalis, Mr. Cohen stated that Mr. Gugasian . will hire a surveyor immediately to confirm the extent of the encroachment. In response to a question posed by Chairman King, Planning Director Hewicker stated that Condition No. 9 on Resubdivision No. 763 requires that a demolition permit be obtained and the building encroachment be removed. Therefore, Chairman, King stated that a continuance of this item would not be necessary. -10- MINUTES December 8, 1983 � r 3 c m m m m m City of Newport Beach INDEX In response to a question posed by Commissioner Balalis, Mr. Robert Gabriele, Assistant City Attorney, stated that regardless of the action taken by the Planning Commission, Southwest Leasing can attempt to resolve the encroachment issue with Trend Import Sales, Inc., independently or through civil action. Planning Director Hewicker stated that before Trend Import Sales, Inc., can obtain any additional permits for the amended use permit, the conditions of approval imposed upon the resubdivision would have to be complied with. He reiterated that Condition No. 9 on Resubdivision No. 763 requires that a demolition permit be obtained and the building encroachment be removed. Mr. Gabriele stated that Southwest Leasing was in the 300 foot radius which should have been notified of the public hearings. Mr. Cohen stated that to his knowledge, Southwest Leasing or Mr. Gugasian was not • notified of the public hearings. Mr. Allison stated that the property owners' list was prepared by Coldwell Banker and submitted to the City. Mr. Allison stated that Mr. Gugasian's name did not appear as one of the property owners within 300 feet of the subject property. In response to a question posed by Chairman King, Mr. Cohen stated that Mr. Gugasian would have the property surveyed within the 21 day appeal period to the City Council. Therefore, Chairman King stated that it would be appropriate to take action on this item this evening. Commissioner Person referred to Exhibit "B ", Condition No. 20, and suggested that the condition be expanded to reflect that all of the conditions of approval of Resubdivision No. 763 be complied with. Commissioner Winburn asked Mr. Allison if he can act on behalf of his client and if he has read Exhibit "A" and Exhibit "B" of the staff report. She further asked if his client would abide by the conditions as listed. Mr. Allison stated that he has the authority to agree to the conditions in Exhibit "B ", with the exception of the conditions relating to the resubdivision and the • street dedication. -11- December 8, 1983 X v m m m;o w. City of Newport Beach Planning Director Hewicker referred to Exhibit "B" and stated that there is no longer a need to take action on the variance and suggested that the reference to the variance be deleted. He stated that approval of the amended use permit under Exhibit "B" envisions a reduced project where all of the required parking is provided on -site. In response to a question posed by Commissioner Person,, Planning Director Hewicker stated that Findings No. 4, 5 and 6 in Exhibit "B" should be deleted, which relates to the granting of a variance. Commissioner Winburn referred to Page 4 of the staff report and stated that the additional parking is only required because of the service bays. She stated that the service bays will only be utilized by the vehicles on the premise. She stated that this should provide adequate on -site parking to meet the demands of both • employees and patrons and the storage of vehicles to be repaired. Motion % Motion was made for denial of Use Permit No. 1987 (Amended), subject to the Findings of Exhibit "A ". Substitute Motion was made for approval of Use Permit Substitute No. 1987 (Amended), subject to the Findings and Motion x Conditions of Exhibit "B ", with the revision to Condition No. 21 that the street dedication be complied with within 10 days following the 21 day appeal period to the City Council. 7J Chairman King stated that he would be willing to support the motion for approval of the amended use permit because it reinforces the conditions of the resubdivision. . He stated that the City has been attempting to resolve this matter since 1981. Commissioner Goff stated that he could not approve the amended use permit in view of the fact that Mr. Allison has stated that Mr. Mardikian will not comply with the street dedication requirement. -12- 1 MINUTES INDEX MINUTES December 8, 1983 r S v m m a w. City of Newport Beach INDEX Commissioner Person suggested that Findings No. 4, 5 and 6 in Exhibit "B" be deleted, as they relate to the variance which is no longer necessary, and that Condition No. 20 be expanded to reflect that all of the conditions of approval of Resubdivision No. 763 shall Amendment X be complied with. Commissioner Kurlander accepted this as an amendment to his Substitute Motion. In response to a question posed by Commissioner Balalis, Mr. Gabriele stated that Condition No. 26 gives the Planning Commission the authority to review the use permit at any time and add and /or modify the conditions of approval, or recommend to the City Council the revocation of the use permit. He stated that Condition No. 25 merely sets a time certain for a specific review of the use permit. I I I I I I I I In response to a question posed by Commissioner Balalis, Mr. Gabriele stated that after the 21 day • { I I I I I I I appeal period, the applicant can not operate under the I amended use permit until the conditions of approval of the resubdivision have been met. Commissioner Goff expressed his concern that the amended use permit will allow a more intense use of the property than the original use permit which the Planning Commission recommended for revocation. He stated that the applicant has no intention of complying with the conditions of the amended use permit. Planning Director Hewicker suggested an additional finding be included in the Substitute Motion which would state that with the approval of the conditions of Use Permit No. 1987 (Amended), the variance is no Amendment X longer needed. Commissioner Kurlander accepted this as an amendment to his Substitute Motion. Ayes Noes IXIXIXIXI�` I1 Amended Substitute' Motion by Commissioner Kurlander for I I the approval of Use Permit No. 1987 (Amended), was now voted on as follows, which AMENDED SUBSTITUTE MOTION CARRIED: 121YN III Rer`R • I I I I I I I 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. -13- MINUTES December 8, 1983 z f m S m "w. City of Newport Beach moo ROLL CALL INDEX 2. The project will not have any significant environmental impact. 3. That the establishment, maintenance of operation of the use of the relocatable building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 4. The proposed tandem parking spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and • I I I I I I I I improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 5. That with the approval of the conditions of Use Permit No. 1987 (Amended), Variance No. 1107 is no longer needed. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That building permits be secured for any construction on the site for which a building permit has not been issued, and that said building shall remain vacant until final inspections are approved and a Certificate of Occupancy is issued by the Building Department. 3. That where applicable, all Conditions of Approval as set forth herein shall be met prior to the issuance of any building permits. -14- 3 � � r y m m December 8, 1983 of Newport Beach 4. That the applicant shall secure and maintain a dealer's license issued by the Department of Motor Vehicles for the subject business on the site. Any loss or transfer of the dealer's license shall void this use permit. 5. That all mechanical equipment and trash areas shall be screened from adjoining properties and from West Coast Highway. 6. That the illumination of the parking lot shall be maintained in such a manner as to eliminate direct light and glare on adjoining properties and from West Coast Highway. A timing device shall turn off all lights facing towards the bluff at the rear of the site at 10:00 p.m. every night. 7. That a landscape plan shall be submitted to and approved by the Director of Parks, Beaches and • Recreation. Said landscaping shall be installed per plan prior to the issuance of occupancy permits for the buildings on the site. B. That all signs on the site shall be in conformance with Chapter 20.06 of the Municipal Code. EA 9. That all employees shall park on the subject property at all times. 10. That the proposed tandem parking spaces shall be utilized by employees' vehicles only. 11. That the automobile service operation shall be limited to only five service bays on the property. 12. That only vehicles offered for sale on the subject property shall be serviced or repaired in the five service bays. 13. That all automobiles for sale shall be displayed only within the approved buildings.. 14. There shall be no outside display of merchandise or vehicles, nor shall there be any vehicles serviced outside of the service buildings. -15- MINUTES INDEX MINUTES December 8, 1983 � r v m m m. City of Newport Beach moo INDEX 15. That on -site parking shall be provided for all interior areas at a ratio of one space for each 250 sq.ft. of net floor area, exclusive of the five service bays. Storage areas shall be included in the computation of the parking ratio. 16. That all improvements be constructed as required by ordinance and the Public Works Department. 17. That the existing driveways be reconstructed to conform to the City's Standard 166 -L and that all work be constructed under an encroachment permit issued by the California Department of Transportation. 18. That the sight distance at the driveways conform to the City's sight- distance standard 110 -L. 19. That the on -site parking and vehicular circulation • systems be subject to further review and approval by the City's Traffic Engineer. 20. That a parcel map be filed and recorded prior to issuance of any building permits or implementation of the revised use permit. That all of the conditions of approval of Resubdivision No. 763 shall be complied with. 21. That 12 feet of right -of -way be dedicated to the public for street and highway purposes along the West Coast Highway frontage; that the existing structures be allowed to encroach into the public right -of -way until such time as the City widens West Coast Highway; and at that time the City shall pay only the cost of rehabilitating that portion of the structure within the public right -of -way. Said modified structures shall be permitted a zero front setback after the required street dedications. The dedication shall be complied with within 10 days following the 21 day appeal period to the City Council. 22. That a Use Permit Agreement and Accompanying Surety be provided in order to guarantee satisfactory completion of the public improvements, if it is •desired to record the parcel map prior to 1 111 completion of the public improvements. -16- MINUTES December 8, 1983 � r a " w. City of Newport Beach 0 ROLL CALL X 1 1 1 1 1 1 1 1 INDEX 23. That the applicant shall agree that the proposed development will not increase the need for on- street parking along West Coast Highway and that the applicant agrees not to contest the removal of parking for the restriping or widening of West Coast Highway on the grounds of loss of on- street parking. 24. Should the use of the site by Trend Imports Sales, Inc., . or Albert Mardikian Engineering, Inc. terminate, Use Permit No. 1987 (Amended) shall become null and void. 25. That the Planning Commission shall review this Use Permit after one year. • 26. 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 or welfare of the community. • -17- MINUTES December 8, 1983 3 z f � A. City of Newport Beach 0 ROLL CALL 1 1 1 1 J i l l I INDEX A. Amendment No. 596 (Public Hearing) Request to amend the Planned Community Development Standards for the Block 800 Planned Community in Newport Center so as to establish car wash and auto detailing facilities as permitted uses in Area 1 of the Planned Community; to increase the maximum allowable floor area for a restaurant facility in Area l; to increase the maximum allowable use of compact car spaces from 25 percent to 30 percent in Area 1, and the acceptance of an environmental document. LOCATION: The Block 800 Planned Community, located on the northeasterly side of Santa Barbara Drive between San Clemente Drive and Newport Center Drive, in Newport Center. AND • B. Use Permit No. 2022 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed . the establishment of "The Ritz" Restaurant with on -sale alcoholic beverages and live entertainment on property located in the Block 800 Planned Community in Newport Center. The proposed amendment is a request to expand the "net public area" of the restaurant. LOCATION: Parcel No. 1 of Parcel Map No. 136 -22 -23 (Resubdivision No. 612) located at 800 Newport Center Drive, on the northwesterly corner of Newport Center Drive and Santa Barbara Drive, in Newport Center. ZONE: P -C APPLICANT: Pacific Mutual Life Insurance Company, Newport Beach OWNER: Same as applicant The public hearing opened in connection with this item • and Mr. Roger Torriero, representing the applicant, appeared before the Commission and requested approval of the proposed amendment and the amended use permit. -18- Item #4 AMENDMENT No. 596 APPROVED AND USE PERMIT I NO. 2022 (AMENDED) APPROVED CONDI- TTOMALLY � r y w m X Gfm December 8, 1983 of Newport Beach MINUTES ■ ROIl CALL I I I I J i l l I INDEX 1 • Motion All Ayes Motion All Ayes 0 Mr. Torriero stated that they will redesign the car wash facility so that the drainage will be directed into the sanitary sewer system and not the storm drain system. Mr. Torriero stated that Mr. Hans Prager, the owner and operator of The Ritz Restaurant, and Mr. Gin Wong, the architect of the project, are present at tonight's meeting to answer any questions. In response. to a question posed by Chairman King, Mr. Torriero referred to the Parking Study Report and stated that the tower located at 800 Newport Center Drive is approximately 92 percent leased, the tower located at 840 Newport Center Drive is approximately 52 percent leased, and the tower located at 880 Newport Center Drive, which contains The Ritz Restaurant, is 100 percent occupied. He stated that the occupancy rate of the entire development is approximately 80 percent. In response to a question posed by Commissioner Goff, Planning Director Hewicker referred to the background portion of the staff report and stated that the restaurant operator determined that a two -story structure would not be acceptable for the restaurant operation. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that the maximum allowable use of compact car spaces of 25 percent will be utilized, rather than an increase to 30 percent. Motion was made to Adopt Resolution No. 1106, recommending to the City Council that Amendment No. 596 be approved, which MOTION CARRIED. Motion was made to approve Use Permit No. 2022 (Amended) , subject to the Findings and Conditions of Exhibit "A" as follows, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. -19- NO. December 8, 1983 3 x City of Newport Beach 2. That approval of Use Permit No. 2022 (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. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plans and floor plans, except as noted below. 2. That a minimum of one parking space for each 50 sq. ft. of "net public area" shall be provided for the restaurant. 3. That handicapped parking spaces shall be provided in accordance with State standards in a manner • approved by the City Traffic Engineer. 4. That all applicable conditions of Use Permit No. 2022 shall remain in effect. • 5. 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 or welfare of the community. x x The Planning Commission recessed at 9:20 p.m. and reconvened at 9:25 p.m. r_: l -20- MINUTES INDEX M/V�ISSKIERS MINUTES December 8, 1983 X j O F City of Newport Beach ■ R O L L CALL I I I I III I I INDEX Use Permit No. 3073 (Public Hearing) .Item #5 Request to establish an automotive service and repair facility on property located in the M -1 -A District. LOCATION: Lot 8, Tract No. 3201, located at 3800 Campus Drive, on the southeasterly side of Campus Drive, between Quail Street and Bristol Street North, across from the John Wayne Airport. ZONE: M -1 -A APPLICANTS: Stewart Sandeman and Steven Settlemire, Laguna Hills APPROVED OWNER: The Irvine Company, Newport Beach CONDI- TIONALLY • The public hearing opened in connection with this item and Mr. Donald Gregg, representing the applicants, appeared before the Commission and requested approval of the use permit. Planning Director Hewicker referred to Exhibit "A ", Condition No. 6, and stated that the reference to "Section 503 of" the Uniform Building Code should be deleted. In response to a question posed by Commissioner Goff, Mr. Gregg stated that if the applicant can not obtain proper building permits for the lean-to located at the rear of the property, the lean -to will be removed from the property. Commissioner Goff referred to Condition No. 7 which states that no car washing 'shall be permitted on the site unless a wash area is provided in such a way as to insure direct drainage, of wash water into the sewer system and not into the bay or the. storm drains. He expressed his concern that the car washing be limited to the vehicles which they are servicing. Chairman King stated that this condition has been applied to other automotive service and repair facilities within the City to prevent the drainage of wash water into the • 1 1 1 1 1 1 1 1 bay or the storm drains. -21- December 8, 1983 s4 r City of Newport Beach m j O Commissioner Balalis suggested an additional condition be imposed stating that should the conditions of approval not be met, the applicant will be in violation of the use permit and the use permit will be subject to revocation. He stated that in this way the applicant, or a future owner of the business will be aware of the consequences. Motion X Motion was made for approval of Use Permit No. 3073, All Ayes X X x X X subject to the findings and conditions of Exhibit "A ", with the deletion of the wording "Section 503 of" to Condition No. 6, and an additional Condition No. 10 relating to the revocation provision, which MOTION CARRIED: FINDINGS: 1. The proposed use is consistent with the General • Plan, and is compatible with surrounding land uses. Furthermore, the proposed project is similar to other automobile service facilities that have been previously approved by the Planning Commission adjacent to the John Wayne Airport. u 2. The Police Department has indicated that they do not contemplate any problems. 3. The proposed project will not have any significant environmental impact. 4. The approval of Use Permit No. 3073 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. CONLITTTONS e 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. -22- MINUTES INDEX MINUTES December 8, 1983 ir 9 m m T a m ° F. City of Newport Beach ■ R O L L CALL 1 1 1 1 1 1 1 1 1 INDEX ■ 2. That all repair and service activities shall be located inside the building. 3. That all mechanical equipment and trash areas shall be screened from adjacent properties as well as Campus Drive. 4. No vehicle waiting for service shall be parked outside of the building for a period longer than twenty -four hours unless it is in the process of being serviced. No vehicle shall be considered to be in the process of being serviced for a period longer than one (1) week. 5. That a minimum of ten (10) off - street parking spaces shall be provided (i.e. five parking spaces for each hydraulic lift). I I ( I I I I I 6. That the applicant shall make all necessary alterations to the existing structure as required • I I I I I I by the Building Department and Fire Department so as to comply with the Uniform Building Code (1979 Edition) . 7. That no car washing shall be permitted on the site unless a wash area is provided in such a way as to insure direct drainage of wash water into the sewer system and not into the bay or the storm drains. 8. That the illegally constructed lean -to located at the rear of the property shall be removed, or that building permits be issued to maintain said structure on the site. 9. That if the lean -to is removed from the property, three new parking spaces located at the rear of the parking lot shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 10. That should any of the above conditions not be met, or if any conditions are subsequently violated, or if any law or ordinance is violated in connection with the use granted herein, this use permit will be subject to revocation as • I I I I I I I provided under Chapter 20.80 of the Newport Beach Municipal Code. -23- COMMdSSIONERS MINUTES December 8, 1983 m City of Newport Beach ROLL CALL INDEX Use Permit No. 3074 (Public Hearing) Item #6 Request to permit the establishment of an automotive service and repair facility on property located in the M -1 -A District. The proposal also includes a modification to the Zoning Code so as to allow the construction of an identification sign within the 15 foot front yard setback area. USE PERMIT LOCATION: Lot 30, Tract No. 3201, located at 4360 NO. 3074 Campus Drive on the southeasterly side of Campus Drive between Dove Street and MacArthur Boulevard, across from the John Wayne Airport. ZONE: - M -1 -A APPROVED CONDI- APPLICANT: Andrea Mulas, dba European Automotive TIONALLY Service, Newport Beach - . I I I I I I I I OWNER: The Irvine Company, Newport Beach The public hearing opened in connection with this item and Mr. Craig Yamasaki, representing the applicant, appeared before the Commission and requested approval of the use permit. Planning Director Hewicker referred to Exhibit "A ", Condition No. 6, and stated that the reference to "Section 503 of" of the Uniform Building Code should be deleted. Chairman King stated that a large portion of the landscaped area which was utilized to screen the rear parking area has been removed. He suggested an. additional condition which would state that prior to the issuance of any building permits for the proposed project, that the landscaped planter area adjacent to the rear of the building shall be restored to substantially screen the rear parking area from the building forward to the street. I I I I I I I Chairman King stated that the proposed use will modify vehicles to bring them into conformance with the smog control standards, including minor maintenance and • I I I I I I mechanical work to assist in this process. Mr. Yamasaki stated that this was correct. -24- December 8, 1983 OEM a m p Cit of Newport Beach Y po Chairman King expressed his concern that the area in which the proposed use will he located is surrounded by office buildings and suggested that the use as proposed, be restricted to those uses as defined by the applicant. Commissioner Balalis referred to Condition No. 2 which states that all repair and service activities shall be located inside the building and suggested that "modifications to vehicles" replace "repair and service activities ". He further suggested that a condition be imposed stating that should the conditions of approval not be met, the applicant will be in violation of the use permit and the use permit will be subject to revocation. He stated that in this way the applicant, or a future owner of the business will be aware of the consequences. • I I I I I I In response to a question posed by Chairman King, Mr. Yamasaki stated that they will comply with the proposed landscape condition. Commissioner Balalis expressed his concern with the operation of Cal American Leasing which is located in the same building as the proposed use. He expressed his concern with the washing of vehicles and the drainage of the water into the street. Mr. Yamasaki stated that his client is not associated with Cal American Leasing. Mr. Yamasaki further stated that his client does not propose to wash the vehicles. Ms. Claudia Sawaya, resident of 7 Cove in Irvine, and owner of the building, appeared before the Commission. Ms.. Sawaya stated that the tree was removed from the landscaped area at the rear of the property because of the root .system. She stated that they will comply with the proposed landscape condition. She stated that the washing of vehicles is not allowed on the premises and that Cal American Leasing has assured her that they now have an agreement with an outside car wash facility. She stated that should any vehicles be washed on the premises, the property manager, Mr. Ted Broderick of Western Terrain, would enforce the terms of the lease. -25- MINUTES INDEX m m j O MINUTES December 8, 1983 INDEX In response to a question posed by Mr. Yamasaki, Chairman King stated that the condition relating to the uses on the site should state that the use will modify vehicles to bring them into conformance with the smog control standards, including minor maintenance and mechanical work to assist in this process. Mr. Yamasaki stated that this was correct, however, his client also performs minor servicing and detailing of the vehicles. Chairman King stated that his concern is that the proposed operation does not become a full service, garage type operation for the general public. Commissioner Balalis expressed his concern with the noise levels which may be generated from the proposed use, however, he stated that if the repair and service activities occur inside the building, the concern may be eliminated. • Planning Director Hewicker referred to a letter dated December 1, 1983, from the applicant to the City's Building Director and stated that the letter outlines the types of services which would be performed by the proposed use. He then referred to Condition No. 2 which states that all repair and service activities shall be located inside the building, which should satisfy the concern of the Planning Commission. Chairman King concurred. In response to a question posed by Planning Director Hewicker, Mr. Yamasaki .stated that the proposed use would service dealerships as well as individuals. Motion X Motion was made for approval of Use Permit No. 3074, All Ayes X X X X X X X subject to the findings and conditions of Exhibit "A ", with the deletion of the wording "Section 503 of" to Condition No. 6, and additional conditions relating to the landscape provision and the revocation provision, which MOTION CARRIED: FINDINGS: I ( I I I I 1. The proposed use is consistent with the General Plan, and is compatible with surrounding land uses. Furthermore, the proposed project is similar • I l l j l l l l to other automobile service facilities that have been previously approved by the Planning Commission adjacent to the John Wayne Airport. -26- MINUTES December 8, 1983 � x a m m City of Newport Beach LIFO. M 2. The Police Department has indicated that they do not contemplate any problems. 3. The proposed project will not have any significant environmental impact. 4. That the approved sign in the required 15 foot front yard setback 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 or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 5. The approval of Use Permit No. 3074 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 and floor plan and sign elevations. 2. That all repair and service activities shall be located inside the building. 3. That all mechanical equipment and trash areas shall be "screened from adjacent properties as well as Campus Drive. 4. No vehicle waiting for service shall be parked outside of the building for a period longer than twenty -four hours unless it is in the process of being serviced. No vehicle shall be considered to be in the process of being serviced for a period • V I I I longer than one (1) week. -27- MINUTES December 8, 1983 � x � r m ° m City of Newport Beach moo ■ R O L L CALL 1 1 1 1 1 1 1 1 1INDEX 1 5. That a minimum of ten (10) off - street parking spaces shall be provided including four (4) parking spaces inside the building. 6. That the applicant shall make all necessary alterations to the existing structure as required by the Building Department and Fire Department so as to comply with the Uniform Building Code (1979 Edition) . 7. That no car washing shall be permitted on the site unless a wash area is provided in such a way as to insure direct drainage of wash water into the sewer system and not into the bay or the storm drains. 8. That all improvements be constructed as required by Ordinance and the Public Works Department. • 9. That the placement of the identification sign conforms to the City's Sight Distance Standard 110 -L and be placed behind the existing 5 foot wide water .easement located adjacent and behind the existing public sidewalk. • 10. That prior to the issuance of any building permits for the proposed project, the landscaped planter area adjacent to the rear of the building shall be restored to substantially screen the rear parking area from the building forward to the street. 11. That should any of the above conditions not be met, or if any conditions are subsequently violated, or if any law or ordinance is violated in connection with the use granted herein,, this use permit will be subject to revocation as provided under Chapter 20.80 of the Newport Beach Municipal Code. _28_ � r p m m December 8, 1983 of Newport Beach MINUTES INDEX A. Tentative Map of Tract No. 12079 (Public Hearing) Item #7 Request to subdivide an existing single lot, containing .48 acres of land area, into a single lot for residential condominium purposes, on property located TMT 12079 in the R -3 -B District, and the acceptance of an Tom' 3075 environmental document. - _ CDP 4 m Fi 0 t No. 4 Request to consider a Residential Coastal Development Permit for the purpose of establishing project compliance for a 14 unit residential condominium development pursuant to the administrative guidelines for the implementation of the State Law relative to low- and - moderate - income housing within the coastal zone. LOCATION: Lot 3, Tract No. 1237, located at 487 Morning Canyon Road, on the northeasterly corner .of Morning Canyon Road and East Coast Highway, in Corona Highlands. ZONE: R-3 -B • APPLICANT: Rumney Enterprises, Inc. Irvine OWNER: Same as Applicant -29- B. Use Permit No. 3075 (Public Hearing) Request to permit the construction of a 14 unit residential condominium development located in the All Continued to Janu- ary 5, R-3-B District. The proposal also includes a modification to the Zoning Code so as to allow portions 1984 of the proposed building and deck areas to encroach 10 feet, and a chimney to encroach 12 feet, into the required 20 foot front yard setback area along Morning Canyon Road. A modification to the Zoning Code is also . requested to permit an 8 sq.ft. identification sign where the Sign Code permits a 6 sq.ft. sign in the R -3 -B District. Fi 0 t No. 4 Request to consider a Residential Coastal Development Permit for the purpose of establishing project compliance for a 14 unit residential condominium development pursuant to the administrative guidelines for the implementation of the State Law relative to low- and - moderate - income housing within the coastal zone. LOCATION: Lot 3, Tract No. 1237, located at 487 Morning Canyon Road, on the northeasterly corner .of Morning Canyon Road and East Coast Highway, in Corona Highlands. ZONE: R-3 -B • APPLICANT: Rumney Enterprises, Inc. Irvine OWNER: Same as Applicant -29- December 8, 1983 v m m City of Newport Beach Staff recommended that this item be continued to the Planning Commission Meeting of January 5, 1984, so as to allow additional time to complete the feasibility analysis relative to Council Policy P -1; Administrative Guidelines for the implementation of the provisions of State law relative to low and moderate income housing in the Coastal Zone. Staff has discussed this matter with the applicant and there was no objection. Motion X Motion was made to continue this item to the Planning All Ayes X X X X X X Commission Meeting of January 5, 1984, which MOTION CARRIED. f * x A. Traffic Study (Public Hearing) Request to consider a traffic study so as to allow the • construction of a 15,000 sq. ft. (net) office building. AND B. Use Permit No. 3077 (Public Hearing) Request to permit the construction of a 15,000 sq. ft. (net) office building on property located in the Unclassified District which exceeds the basic 32 foot height limit in the 32/50 Foot Height Limitation Zone., The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required off - street parking, and the acceptance of an environmental document. LOCATION: Parcel 2 of Parcel Map No. 152 -17, (Resubdivision No. 616), located at 1100 Newport Center Drive, on the southwesterly corner of Granville Drive and Newport Center Drive, in Newport Center. ZONE: APPLICANT: • 11111111 OWNER; Unclassified Carver Development, Newport Beach The Irvine Company, Newport Beach -30- MINUTES INDEX Item #8 TRAFFIC STUDY USE PERMIT I NO. 3077 Both Continued to Janu- ary 5, 1984 COMNYSSICINERS1 MINUTES December 8, 1983 . A m City of Newport Beach ROLL CALL 101 INDEX Staff advised the Commission that the applicant for Item No. 8 has requested that this item be continued to the Planning Commission Meeting of January 5, 1984. Motion [ I 1 IX Motion was made to continue this item to the Planning All Ayes X X X X X X Commission Meeting of January 5, 1984, which MOTION CARRIED. The public hearing opened in connection with this item and Mr. James Christensen, representing the owner, appeared before the Commission and stated that the applicant is requesting the proposed resubdivision to • ( I I ( obtain financing for the new commercial building. He then requested approval of the resubdivision. -31- Resubdivision No. 764 (Public Hearing) Item #9 Request to resubdivide an existing parcel of land into two parcels; one parcel for retail commercial development ( Computerland) and one parcel for an • existing Marie Callender's Restaurant and common parking lot. The proposal also includes an exception to the minimum site area requirement as established by RESUB- the Newport Place Planned Community Development DIVISION Standards. NO. 764 LOCATION: Parcel 2 of Parcel Map No. 53 -13 ( Resubdivision No. 395), located at 4200 Scott Drive, on the northeasterly corner of Scott Drive and Dove Street, in the Newport Place Planned Community. APPROVED ZONE: P -C CONDI- TIONALLY APPLICANT: Computerland, Newport Beach OWNER: MacArthur Square, Newport Beach ENGINEER: Joseph C. Truxaw and Associates, Inc., Anaheim The public hearing opened in connection with this item and Mr. James Christensen, representing the owner, appeared before the Commission and stated that the applicant is requesting the proposed resubdivision to • ( I I ( obtain financing for the new commercial building. He then requested approval of the resubdivision. -31- December 8, 1983 r v m m m ° City of Newport Beach Mr. Christensen referred to Condition No. 3 and asked if the intention is to provide a three foot sidewalk on the north side of the building. Mr. Donald Webb, City Engineer, stated that a three foot sidewalk would adequately handle the pedestrian circulation. Mr. Webb further stated that the condition could be revised accordingly. Chairman King stated that the proposed expansion to the Marie Callender's facility was recently denied because of parking problems. He then asked why the parking issue is not being addressed in this particular application. Planning Director Hewicker stated that the applicant is applying for a resubdivision as a requirement of the lender, and not as a requirement of the City. He stated that the parking requirements can not be changed at this time. Mr. Christensen stated that the parking requirements of the proposed building were taken into consideration during the deliberations • I I I t I I I involving the proposed expansion to the Marie I Callender's facility. • Commissioner Goff asked why an amendment to the Newport Place Planned Community Development Standards is not required. Mr. William Laycock, Current Planning Administrator, stated that the standards allow for a postage stamp lot. Mr. Laycock stated that the Planning Commission can authorize an exception to the minimum site area requirement of 30,000 square feet. He stated that the revised plan includes a 10 foot setback around the building to meet the Uniform Building Code requirement. He also stated that none of the existing parking is being lost. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that the resubdivision is being requested to satisfy the lender. He stated that the building permit has already been issued for the proposed development because it complies with all of the zoning regulations. Mr. Robert Gabriele, Assistant City Attorney, stated that the Planning Commission does not have the authority to change the existing parking requirements and deny the resubdivision application. -32- MINUTES INDEX MINUTES December 8, 1983 X v � r a C % m Q CCity of Newport Beach R O L L CALL I I I I Jill I INDEX n u • Mr. Christensen referred to Condition No. 6, relating to the curb access ramp, and requested that the reference to "on- site" be deleted. He stated that a portion of the landscaping and /or parking stalls will be lost because of the access ramp. He questioned the need for the ramp at this particular location, but stated that the applicant will build the handicap access ramp to the street, if required. Mr. Webb referred to Condition No. 6 and suggested that the wording "unless otherwise approved by the Public Works Department" be included. Chairman King stated that the goal is to aid the handicapped. Mr. Christensen stated that the revision to Condition No. 6 would be acceptable. In response to a question posed by Chairman King, Mr. Christensen referred to the portion of Condition No. 6 which relates to the reconstruction of the deteriorated portion of the pavement and stated that this will be accomplished prior to the recordation of the parcel map. However, he stated that it is their understanding that this is.not an on -going condition. Commissioner Goff expressed his concern that the proposed development will intensify the use of an area which currently has inadequate parking. He stated that during his visit to the site today, he observed approximately seven vehicles in the area which were either illegally or unsafely parked, including two delivery trucks which were blocking circulation in the parking lot. He asked legal counsel if the Planning Commission could deny the requested exception to the development standards, since legal counsel has already advised the Commission that the parking issue would not be a valid basis for denial of the resubdivision. Mr. Christensen stated that the applicant has the building permit and can physically build the development. He stated that the resubdivision is needed to obtain secured financing from the lender. Planning Director Hewicker stated that in order to deny the resubdivision, the Planning Commission would have to find that the granting of the postage stamp lot would be detrimental to the public interest. Mr. Gabriele stated that the Planning Commission does not have a legal basis to deny the resubdivision. -33- MINUTES December 8, 1983 r 9 m W City, of Newport Beach INDEX Commissioner Goff stated that allowing construction of the proposed development in view of the existing parking problem, would be detrimental to the public welfare and injurious to other property in the vicinity. Planning Director Newicker stated that the proposed resubdivision meets all of the zoning requirements of the City. Mr. Gabriele concurred. Commissioner Goff stated that he would be abstaining from a vote on this item for the reasons previously stated. Motion I JXJJ Motion was made for approval of Resubdivision No. 764, Ayes X X X x subject to the findings and conditions of Exhibit "A ", Abstain with the revisions to Conditions No. 3 and 6 as suggested by the City Engineer, which MOTION CARRIED, as follows: . FINDINGS: 1. That the map meets the requirements of Title 19of 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. 4. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. 5. That the development considerations and intent of this Planned Community Development Standards are substantially met. • 11111111 1. Thatsa parcel map be recorded. -34- � r v � m c° 'a x D m December 8, 1483 of Newport Beach MINUTES ■ R O L L CALL I 1 1 1 1 (I I I INDEX ■ u 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a three foot sidewalk be constructed along the northerly side of the building. 4. That an easement for ingress, egress and parking over Parcel No. 2 for the benefit of Parcel No. 1 be provided. 5. That a curb access ramp be constructed at the intersection of Scott Drive and Dove Street under an encroachment permit issued by the Public Works Department. 6. That a curb access ramp be constructed on -site at the corner of Scott Drive and Dove Street, unless otherwise approved by the Public Works Department. That the deteriorated portion of concrete gutter and pavement be reconstructed and that the existing asphalt parking lot be patched and sealed. -35- MINUTES December 8, 1983 x � r O j O w. City of Newport Beach ROLL CALL INDEX Variance No. 1108 (Public Hearing) Item #10 Request to permit alterations to an existing second dwelling unit located on an R -2 lot which is nonconforming relative to required off - street parking. The proposed alterations include the conversion of a substandard single car garage into additional living area and an expanded bathroom. VARIANCE NO. 1108 LOCATION: Lot 16, Block 28, River Section, located at 130 39th Street, on the southeasterly corner of West Balboa Boulevard and 39th Street, in West Newport. • Motion All Ayes X X • ZONE: R -2 Continued APPLICANTS: Howard Chace and Victor Ordaz, to Janu- Newport Beach a, 5. 1964 OWNERS: Same as applicants Staff recommended that this item be continued to the Planning Commission Meeting of January 5, 1984, so as to allow additional time to review the subject application. Motion was made to continue this item to the Planning Commission Meeting of January 5, 1984, which MOTION CARRIED. x * x -36- MINUTES December 8, 1983 R � r m O m City of Newport Beach ROLL CALL I Iii III I I INDEX ■ Variance No. 1109 (Public Hearing) Request to permit the placement of roof mounted mechanical equipment and visual screens on an existing building located in Light Industrial Site No. 2 of the Koll Center Newport Planned Community which exceed the maximum allowable height limit as established by the Planned Community Development Standards. LOCATION: Lot 1, Tract No. 7953, located at 4311 Jamboree Road, on the northwesterly side of Jamboree Road, between MacArthur Boulevard and Birch Street, in the Koll Center Newport Planned Community. ZONE: I P -C • APPLICANT: Rockwell International Corporation, Newport Beach OWNER:. Same as applicant i The public hearing opened in connection with this item and Mr. H. W. Anderson, representing the applicant, appeared before the Commission and requested approval of the proposed variance. Mr. Anderson referred to Condition No. 2 and stated that the Koll Center Newport Planned Community Development Standards permit a. maximum height of 35 feet, except for existing non - conforming structures. He requested that the height limit be extended to 18 inches above the 10 foot equipment screen. Commissioner Balalis stated that this facility was constructed prior to the adopted Planned Community text and is exempt from the height requirements. Planning Director Hewicker presented background information on this development and stated that the height of the existing equipment is covered by the "grandfather" clause. He stated that any height limit established this evening for the requested variance, would then become the controlling height limit. -37- Item &AMdSSIONERS December 8, 1983 y m m ". City, of Newport Beach ;a MINUTES ■ R O L L CALL I I I I I I I I I INDEX ■ Mr. Anderson stated that the height of the air handling equipment is 54 feet 6 inches and the height of the crane is approximately 64 feet. He stated that the height limitation of the air handling equipment would be acceptable, with the exception of the crane height. In response to a question posed by Commissioner Goff, Mr. Anderson stated that the hoist will be approximately 16 feet above the existing equipment screen. Mr. Anderson stated that the 'proposed equipment and hoist is essential to the continuing operation of the facility. He further stated that it would not be possible to lay the hoist on the ground while it is not in use. Planning Director Hewicker stated that the use of on -site equipment to perform these services is more feasible than the use of helicopters, which in the past have proven hazardous. • Chairman King stated that the City can not require standards which are more restrictive than standards required by the OSHA Code for these types of operations. Planning Director Hewicker concurred. Motion All Ayes I X subject to he findings pand conditions lofcExh Exhibit r 1 U FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That there are exceptional . or extraordinary circumstances applying to the land, building, and use proposed in this application, which circumstances and conditions do not generally apply to land, building, and /or uses in the same district. MINUTES December 8, 1983 � x � r v m W a m m City of Newport Beach j O ■ R O L L CALL 1 1 1 1 1 1 1 1 I INDEX ■ 4. That the granting of a variance to exceed the height limit is necessary for the preservation and enjoyment of substantial property rights of the applicant. 5. That the establishment, maintenance, and operation of the use, property, and building 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. CONDITIONS: • 1. That development shall be in substantial conformance with the approved roof plan and elevations. n U 2. That approval of this variance applies to Building No. 503 only and to the specific equipment and hoist described in the application. 3. That the equipment and hoist shall be painted to match the existing building visual screen and roof mounted equipment. -39- COMMdSSICRS MINUTES December 8, 1983 � � 5 v � m a m City of New t Beach ROLL CALL INDEX General Plan Amendment No. 83 -2(a) (Discussion) Item 012 Request to set for public hearing on January 5, 1984, General Plan Amendment (GPA) 83 -2(a). The General Plan Amendment includes a request to redesignate the Carnation School property from "Government, Educational and Institutional Facilities" to "Multi - Family Residential" uses so as to permit the construction of forty -one residential units on the property. LOCATION: Lots No. 1 -22, Block 531 and Lots No. 1 -22, Block 631, Corona del Mar Tract and an abandoned portion of Third Avenue, located on the southeasterly side of Carnation Avenue, between Second Set for Avenue and Fourth Avenue, in Corona del public' Mar. - r.o „-,,,,. ZONE: Unclassified • OWNER: Newport -Mesa Unified School District PROPONENT: Gfeller Development Company, Inc., Tustin INITIATED BY: The City of Newport Beach In response to a question posed by Commissioner Winburn, Planning Director Hewicker stated that the review period of the Draft EIR will end on January 9, 1984. Commissioner Winburn expressed her concern that the Ad Hoc Committee have ample time to review the data before the public hearing. Commissioner Balalis suggested that the public hearing be set after the Draft EIR review period has ended. Motion Motion was made to set General Plan Amendment 83 -2(a) All Ayes X X X X X for public hearing on January 19, 1984, which MOTION CARRIED. • -40- COMNYSSK14ZI MINUTES December 8, 1983 � r v m W w. City, of Newport Beach ROLL CALL All Ayes X X X X INDEX ADDITIONAL BUSINESS ADDITIONAL BUSINESS Commission Meeting, which MOTION CARRIED. Motion Motion was made to excuse Commissioner Balalis from the All Ayes X X X Use Permit No. 3072 of Loomis Foods, Inc. dba The Park X Planning Commission Meeting of January 19, 1984, which Restaurant MOTION CARRIED. Chairman King stated that perhaps the Planning Commission should reconsider the hours of operation which were imposed on the previously approved Park Restaurant.. He stated that the hours of operation for restaurant uses in Corona del Mar need to be studied further. He stated that in this way the problems can be more directly addressed, as well as considering the financial health and stability of the restaurant uses. Commissioner Person concurred. Commissioner Goff stated that nothing has changed since the Planning Commission last heard this item. He stated that until new information could be presented, he would not be in favor of reconsidering this item. Commissioner Balalis stated that he would be in favor of reconsidering the hours of operation if they were reasonable and similar to the hours of operation of other restaurant uses in the area. He stated that the applicant should be prepared to address the noise and parking problems. Motion Motion was made to set for public hearing a Ayes X XX X reconsideration of Use Permit No. 3072, on January 5, Noes 1984, which MOTION CARRIED. -41- Excused Absences Motion All Ayes X X X X Motion was made to excuse Commissioners Person, McLaughlin and Goff from the January 5, 1984, Planning Commission Meeting, which MOTION CARRIED. Motion Motion was made to excuse Commissioner Balalis from the All Ayes X X X X Planning Commission Meeting of January 19, 1984, which MOTION CARRIED. -41- MINUTES December 8, 1983 � r City, of Newport Beach ■ R O L L CALL V I I I I I I I I INDEX x x x There being no further business, the Planning Commission Meeting adjourned at 10:45 p.m., to the regular Planning Commission Meeting of January 5, 1984. x x x James Person, Secretary City of Newport Beach Planning Commission L J 0 11111111 -42-