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HomeMy WebLinkAbout01/04/1973COMMISSIONERS rC m4lvm7O M � N T �N £ p Z T All m p Present Absent Motion All Ayes 1-J CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:30 P.M. Date: January 4, 1973 MINUTES INDEX X I X X X I EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director David R. Baade, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Asst. Community Development Dir. William R. Foley, Senior Planner Shirley Morgan Revised Rules of Procedure of the Planning Commis- sion were adopted covering a change in the time of the Study Session to 2:00 P.M. and to bring the voting procedure in line with that of the City Council. Item #Al Request to permit the construction of a single- VARIANCE family dwelling that exceeds the height limit 1026 ordinance. CONT. TO Location: Lot 24, Tract 1218, located at JAN. 18 702 St. James Place, on the east side of St. James Place, northerly of 15th Street in Cliff Haven. Zone: R -1 Applicants: James E. Young, Kenneth L. Evans, Costa Mesa Owners: Same as Applicants Public hearing was opened and the matter was reviewed with the Planning Commission by Community Development Director Hogan. He advised that with a change in architecture it would be possible to maintain the structure within the height limita- tion district, however, the structure as proposed is more in keeping with surrounding development. Page 1. COMMISSIONERS 10 10 ALL m x yN m Y� a m Motion All Ayes ion Ayes CITY OF NEWPORT BEACH MINUTES January 4, 1973 K 1*3 Planning Commission discussed whether or not the application met all the criteria necessary in granting a variance and if not, the possibility of considering the request under the use permit procedure since the request was necessitated by the unusual topography of the land. It was also noted that the applicants were not present to answer questions concerning the request. X Following discussion, Planning Commission continue the matter to January 18, 1973, for the purpose of re- advertising the matter to cover the use permit procedure. Item #A2 Request to construct an accessory building on a VARIANCE TU17- lot without the main building on the same lot in the R -1 District. Further request to obtain an off -site parking agreement to permit the required APPROVED CONDI- I� ONLY garage space on a separate lot from the lot con- taining the single - family dwelling. Location: Easterly one -half of Lots 4 and 14, and Lots 5 and 15, Block 23, East - side Addition to the Balboa Tract, located at 1409 East Bay Avenue, on the north side of East Balboa Boulevard between "F" and "G" Streets on the Balboa Peninsula. Zone: R -1 Applicant: Donald C. McHone, Santa Ana Owners: Donald C. and Nancy L. McHone, Santa Ana Public hearing was opened and Donald C. McHone appeared before the Planning Commission stating he agreed with the staff report and the conditions recommended. There being no others desiring to appear and be heard, the Public Hearing was closed. X Following discussion, Planning Commission approved Variance Application No. 1027 subject to.the following conditions: Page 2. • 9 COMMISSIONERS CITY OF NEWPORT BEACH ➢m y�y10 January 4. 1973 1 l MINUTES INDEX i j I 1. That an off -site parking agreement, acceptable to the City Attorney, be approved by the City Council. 2. That the project substantially comply to the plans submitted. Request to amend a portion of Districting Map No. Item #A3 AMEND - 1 from a C -1 -H District to an R -2 District. MENT N0. 352 Location: Portion of Lots 3 and 14 and Lots 4, 5, 6, 7, 11, 12, and 13, Block DENIED 6, Seashore Colony Tract, located at 203 - 205 - 207 -209 Lugonia Street and 202 - 204 -206 Colton Street, between West Coast Highway and Newport Shores Drive in Newport Shores. Zone: C -1 -H Applicant: Dana H. Smith, Newport Beach Owners: Masami and Patsy K. Ogata, Santa Ana Public hearing was opened and the staff report was reviewed and discussed by the Planning Commission. It was noted that although the staff recommends denial, the project is not all negative and there may be alternatives to be considered. Dana Smith, applicant, appeared before the Plannin Commission and reviewed the present land use of the area from Grant Street to the Old Channel of the Santa Ana River. He.also felt that the highes and best use of the land at the present was for residential rather than commercial. Planning Commission inquired of Mr. Smith whether or not he would prefer a continuance of the matter until such time as studies could be made with reference to zoning on the entire commercial strip. He stated that he prefered a decision be made at this time. There being no others desiring to appear and be heard, the public hearing was closed. Page 3. COMMISSIONERS y TGrZ 2; ,o R���N Yw� tN �pZ F ALL Motion Motion Ayes Noes Absent 0 Motion Af Ayes CITY OF January 4, 1971 NEWPORT BEACH MINUTES INDEX X Motion was made to remove the matter from the calendar and readvertise same at a future date following studies concerning the matter. Planning Commission was advised that the matter must be continued to a date certain and that any continuance beyond 90 days after the first public notice of hearing must be with the mutual consent of the parties having interest in the proceedings. X Therefore, a substitute motion was made that X X X X X Amendment No. 352 be denied. X X Item #B1 Request to amend a portion of Districting Map No. AMEND - 23 from the Unclassified District to either the MENT R -1 or the R -1 -13 District. NO. 353 Location: Lots 1 through 8 and Lots 14 APPROVED through 20, Tract 2095, in Bay- shores Initiated by: The City of Newport Beach . Public hearing was opened.in connection with this j amendment. R. W. Henry, owner of Lot 2, appeared before the Planning Commission to inquire why the land was being rezoned. He was advised that the zone was being changed to reflect the use of the property. Larry Moore, General Planning Administrator with The Irvine Company, appeared before the Planning Commission to inquire as to which district the Commission would be considering because of the side yard setbacks and the fact that some of the existing houses do not conform with the setbacks as established by the zone. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion by the Planning Commission which included establishment of setbacks, motion was made that Amendment No. 353 be approved changing the zone from Unclassified District to the R -1 District and that a 10 foot setback from the.bulkhead line be established. Page 4. COMMISSIONERS CITY OF NEWPORT BEACH 7aG+11 ;A T r mync yum �y�O . S, Z y MINUTES A« January 4, 1973 Motion All Ayes 0 • Item #B2 Request to amend a portion of Districting Map No. 2 from the C -1 -H District to either the R -1 or the MEND - RENT R -1 -9 District. NO. 354 Location: Lots 1 through 83, Tract 3162, in APPROVED Lido Sands. Initiated by: The City of Newport Beach Public hearing was opened in connection with this amendment and there being no one desiring to appear iand be heard, the public hearing was closed. IX Following discussion by the Planning Commission which included establishment of setbacks, motion was made that Amendment No. 354 be approved changi the zone from C -1 -H District to R -1 District and g that minimum setbacks be established based on the average of the adjacent R -1 District as recommende by the Community Development Department. Item #B3 Request to permit two residential units above USE commercial use in the C -1 District. (Referred back to the Planning Commission by the City PlE MIT 6'I-3-47— Council.) DENIED Location: Lot 23, Block 13, Section 4, Balboa Island, located at 327 Marine Ave - nue between an alley and Balboa Avenue on Balboa Island. Zone: C -1 Applicant: Rolly Pulaski and Associates, Newport Beach Owner: Rolly Pulaski, Newport Beach Public hearing was opened and Rolly Pulaski, applicant, appeared before the Planning Commission to answer questions relative to the request. Peter Vail, 306 South Bayfront, and Mr. Ryan, 129 Opal, appeared before the Planning Commission in opposition to the request because of the lack of parking. There being no others desiring to appear and be heard, the public hearing was closed. Page 5. COMMISSIONERS vG� Gr91 yp. T F N T qa a T <N£ pZm ALL ^ p Motion Motion Ayes Noes Abstain Absent Ayes Noes Absent • Motion All Ayes 0 CITY OF NEWPORT BEACH MINUTES January 4, 1973 INDEX X Following discussion, motion was made that Use Permit Application No. 1634 be denied due to the increased intensification of the use and the lack of required parking. x Following further discussion, a substitute motion X X was made that Use Permit Application No. 1634 be x x approved subject to the conditions that.the pro - X ject substantially comply with the revised plans X and that all signs for commercial uses shall be subject to the approval of the Community Develop - ment.Department. Motion failed due to a lack of majority votes. X X X Y The original motion was then voted on and carried. x x X Planning Commission recessed at 9:00 P.M. and reconvened at 9:10 P.M. Item #B4 Request to permit two R -2 lots to be used for park -USE ing in conjunction with a savings and loan office PERMIT located in the C -1 District. 1646 Location: Lots 2 and 3, Block 332, of Canal CONT. TO Section of Newport Beach, located at 3202 and 3204 Marcus Street in Central Newport. Zone: R -2 Applicant: Los Angeles Federal Savings and Loan Association, Los Angeles Owner: Same as applicant, x Planning Commission continued this matter to the meeting of January 18, 1973, at the staff's recommendation. . Page 6. COMMISSIONERS CITY OF NEWPORT BEACH ➢mGr =m ;j0 TC�D ND DP� . RACAIL m p January 4, 1973 Motion Ayes Abstain Absent 0 MINUTES INDEX Item #B5 Request to construct a duplex in the C -1 District. USE PERMIT Location: Lot 12, Block 6, Balboa Tract, 6'r 49 located at 506 East Ocean Front between Adams Street and Palm APPROVED CONDI- Street in Central Balboa. TI N LLY Zone: C -1 I Applicant: Jack Mather, Newport Beach i Owner: Same as applicant Public hearing was opened in connection with this use permit and Jack Mather, applicant, appeared before the Planning Commission to answer questions relative to same. Tom Hyans, President of the Central Newport Beach Community Association, appeared before the Plannin Commission and recommended that the commercial area on Palm Street be preserved but that other commercial areas to the west be rezoned to resi- dential. Mrs. Werle, 504 East Ocean Front, appeared before the Planning Commission relative to the possible inoise which may come from the multiple dwelling and driveway adjacent to the bedroom side of their single family residence. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion, Planning Commission approved X X X XX Use Permit Application No. 1649 subject to the X following conditions: X 1. That the 2;1' encroachment into the rear yard be eliminated. 2. That a solid fence shall be constructed and maintained on the westerly property line so as to screen the side entrances from the adjoining residential use. Except as other- wise provided, said fence shall have a total height of not less than six feet and shall extend the full length of the building site. Said fence shall be constructed of a material to be approved by the Director of Community Development. Page 7. COMMISSIONERS y41 T y X 9 O T �yN <N £ p Z T :ALL T m Motion' Ayes Abstain Absent 0 0 CITY OF NEWPORT BEACH MINUTES January 4, 1973 INDEX 3. That the project substantially conform to the plans submitted with the exception of Condi- tion No. 1 and Condition No. 2. Planning Commission discussed rezoning portions of Block 6, Balboa Tract and also whether or not other portions of the area should be rezoned at RESOLU- TION NO. 782 this time as recommended by the Central Newport Beach Community Association. Since there will be ADOPTED a joint meeting of the City Council and the Plan- ning Commission on January 29, 1973, at which time more concrete proposals of the area will be discussed, Planning Commission felt it would be better to take another look at the entire area after the meeting. X X X X X X Following discussion, motion was made to adopt Resolution No. 782, setting a public hearing for February 1, 1973 to consider amending a portion of Districting Map No. 11 from the C -1 District to the R -2 District on Lots 9, 10, 11, 12, 13 and 14, Block 6, Balboa Tract. i Item #B6 Request to permit a self- service service station in the C -1 District. USE PERMIT 1650 Location: 3636 East Coast Highway, located at the northwesterly corner of APPROVED Coast Highway and Poinsettia Ave- CONDI- nue in Corona del Mar. TiUTELY Zone: C -1 Applicant: Atlantic Richfield Company, Anaheim Owner: Dr. Earl Brady, Newport Beach Public hearing was opened and Ted Crowl, represent- ative of Atlantic Richfield Company, appeared before the Planning Commission. He stated that all conditions as recommended by the staff were agreeable except Conditions No. 3 and No. 7. Condition No. 3 pertains to signs which conflicts with the State Code regulating signs. Planning. Commission discussed with Mr. Crowl the matter of restrooms proposed. Page 8. COMMISSIONERS CITY OF NEWPORT BEACH y TGrxx ;p m�Nmy=�O < 4 Alm Aceu a January 4. 1973 MINUTES INeEY City Engineer Nolan recommended that Condition No. 6 be amended to include the filing of a Resubdivi- sion Application as well as a parcel map. P. D. Lippert, representative of Atlantic - Richfield Company, appeared before the Planning Commission and requested clarification of the condition requiring filing of a parcel map and a Resubdivisio Application. There being no others desiring to appear and be heard, the public hearing was closed. Motion ! X Following discussion, Planning Commission approved All Ayes Use Permit Application No. 1650, subject to the following conditions: 1. That the location of all buildings and struc- tures shall comply with. the plot plans as sub- mitted except for minor adjustments which may be approved by the Department of Community lip 2. 2. That the activities and operations of the station shall be limited to the dispensing of gasoline, oil, air, water, and the sale of minor automotive accessories. 3. That all signs shall comply with the provisions of Chapter 20.43 of the Newport Beach Municipal Code unless there is a conflict with the State Code. 4. That an attendant shall be on duty at all times when the station is in operation. 5. That the landscaping and watering facility plans shall be reviewed and approved by the Department of Community Development. Artificial plant materials shall not be used. 6. That a parcel map and a Resubdivision Applica- tion be filed. 7. That a fifteen foot radius corner cutoff be dedicated for street and highway purposes at the intersection of East Coast Highway and . Poinsettia Avenue. Page 9. 0 COMMISSIONERS T E N T ya P T �N p ALL Z T ^' p CITY OF NEWPORT BEACH January 4. 1973 MINUTES INDEX 8. That all new improvements to be constructed in the East Coast Highway right -of -way be in accordance with an approved encroachment permit issued by the State Division of High- ways. ARCO shall be responsible for relocat- ing the existing street light standard at the curb return on East ,Coast Highway and constructing a new twenty -five foot radius curb return. 9. That all new'improvements to be constructed in the Poinsettia Avenue right -of -way be in accordance with an approved encroachment permit issued by the Public Works Department. 10. That the standard inspection fee of $3 per tree be paid for each new street parkway tree planted. The existing street tree in the parkway along the East Coast Highway frontage shall be protected and retained in place. 11. That two public restrooms be provided. Item #B7 Request to reduce off - street parking requirements VARIANCE for a commercial structure. N0-TUT Location: Lot 33, Block 9, Resubdivision of APPROVED Section 1, Balboa Island Tract; CONDI- located at 108 Agate Avenue, Balboa TMUELY Island. Zone: C -1 Applicant: Marvin F. Cooper, Tustin Owner: Same as Applicant Public hearing was opened and Assistant Community Development Director Hewicker presented a letter received from Ross J. Miller requesting that no off - street parking be waived. Marvin F. Cooper, Applicant, appeared before the Planning Commission in connection with the request and to answer questions regarding same. Peter Vail, 306 S. Bayfront, appeared before the Planning Commission and questioned the number of shops being proposed. Page 10. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Y� mGr T � V1 T ➢A Al 0 r ^ < R& CALL January 4, 1973 iuneY Mr. Ryan, 129 Opal, appeared before the Planning Commission in opposition to the project unless the parking requirements are met. Ken Elgin, 327 Apolena, appeared before the Plan- ning Commission in opposition to the project due to the lack of parking. Bill Hardesty, 503 Park Avenue, appeared before the Planning Commission in favor of the project.. Ralph Hinger, real estate broker on Balboa Island, appeared before the Planning Commission and com- mented on the parking situation on the island. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the matter of parkin no only as it related to this project, but also . other commercial property on Balboa Island and the peninsula. They also discussed setbacks from the • alley. Motion X Following discussion, motion was made to deny Variance Application No. 1028 until such time as adequate parking and setbacks are provided. Motion X Following further discussion, motion was made to Ayes X X X X approve Variance Application No. 1028 subject to Noes X the following conditions: Abstain X Absent X 1. That a minimum of five off - street parking spaces shall be provided. Development shall be limited to a maximum of five tenants provided, however, one additional tenant shall be permitted for each additional parking space provided in excess of five. 2. That revised plans showing all parking spaces and all commercial areas be reviewed and approved by the Director of Community Develop- ment. The required 10 foot alley setback shall be maintained. 3. That all signs and landscaping shall be reviewed and approved by the Department of Community Development. Page 11. COMMISSIONERS CITY OF NEWPORT BEACH >c�Grvmyp MINUTES RACALL mp P January 4, 1973 iNeEY ADDITIONAL BUSINESS The following resolutions were adopted by the Planning Commission: Motion X Resolution No. 783, setting a Public Hearing for All Ayes February 1, 1973 to consider an amendment to the Newport Beach Municipal Code, Chapter 20.12, Section 20.12.030, Building Height and Floor Area Limit. Motion X Resolution: No. 784, setting a Public Hearing for All Ayes February 1, 1973 to consider an amendment to the Newport Beach Municipal Code, Chapter 20.08, Section 20.08.190, Automobile Parking Space. Motion X Resolution No. 785, setting a Public Hearing for All Ayes February 1, 1973 to consider an amendment to the Newport Beach Municipal Code, Chapter 20.09, Section 20.09.030(a) to limit development within the OS District to the 24/28 Foot Height Limitatio Zone.' There being no further business, meeting adjourned at 11:15 P.M. ' AC LINE E. HEATHER Secretary, Planning Commission City of Newport Beach Page 12.