HomeMy WebLinkAbout01/04/1973COMMISSIONERS
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Present
Absent
Motion
All Ayes
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CITY OF NEWPORT BEACH
Regular Planning Commission Meeting
Place: City Council Chambers
Time: 7:30 P.M.
Date: January 4, 1973
MINUTES
INDEX
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X
X
X
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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
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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.
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COMMISSIONERS CITY OF NEWPORT BEACH
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January 4. 1973
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MINUTES
INDEX
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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
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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
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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.
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COMMISSIONERS
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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
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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
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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.
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COMMISSIONERS CITY OF NEWPORT BEACH
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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.
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COMMISSIONERS
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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
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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
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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.