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Home My WebLink About01/05/19781 r COMMISSIONERS City Of Newport Beach MINUTES 9 Regular Planning Commission Meeting Place; City Council Chambers Time: 7:00 P.M. i Date: January 5, 1978 POLL CALL Present Absent Motion Ayes sent Motion Ayes Absent X X X X X X EX- OFFICIO MEMBERS R. V. Hogan, Comm Hugh Coffin, Assis Benjamin B. Nolan, STAFF MEMBERS James D. Hewicker, Beverly Wood, Envi Shirley Harbeck, S Minutes of the Spe X X X X Session of Decembe written. Minutes of the Reg of December 15, 19 Request an extensi site and eliminate lots now exist so exterior remodelir on the property. Location: Lots Lan( 2811 west 28tt Canr Zone: M -1 Applicant: Rutf Owner: Sam( inity Development Director Cant City Attorney City Engineer Assistant Director - Planning ronmental Coordinator 2cretary cial Planning Commission Study r 8, 1977, were approved as * * x ular Planning Commission Meeting 77, were approved as written. on to establish one building an interior lot line where two as to permit interior and g of the existing structures 23 and 24, Block 225 of aster's Addition, located at -2813 Villa Way, on the south- erly side of Villa Way between Street and 29th Street in ery Village. D. Miller, Newport Beach as Applicant Page 1. INOKX COMMISSIONERS PIOLL GALL Motion Ayes Absent Motion Ayes Absent City of Newport Beach January 5 1978 discussion, motion was made to grant a extension on Resubdivision No. 521, the original conditions of approval. MINUTES 0 INOLX Item #2 create two parcels of land for commer- IRESUB- . lopment where one lot and a portion of a DIVfSTfON t now exists. NF-6T9--' Lot 1 and a portion of Lot 2, Tract APPROVED No. 3232, located at 1101 Bayside COSDI— Drive, on the southeasterly corner TIZWLY of Bayside Drive and Marine Avenue, adjacent to the Balboa Island Bridge. C -1 The Irvine Company, Newport Beach Same as Applicant Robert Bein, William Frost & Associates, Newport Beach wring was.opened in connection with this ;h appeared before the Commission on the applicant and the lessee. He advise request in no way changed the proposed. it previously approved by the Planning i and was merely for the purpose of financing. He concurred with the )rrt and recommendations. ig no others desiring to appear and be e public hearing was closed. made that Planning Commission make the findings: the map meets the requirements of Title the Newport Beach Municipal Code, all inces of the City, all applicable general acific plans and the Planning Commission tisfied with the plan of subdivision. Page 2. X Following X X X X X one year X subject t Request t cial deve second to Location: Zone: Applicant Owner: Engineer: Public he matter. David Nei behalf of that this developme Commissio obtaining staff rep There bei heard, th X Motion wa X x x x x following X 1. That 19 of ordin or sp I is sa 1978 discussion, motion was made to grant a extension on Resubdivision No. 521, the original conditions of approval. MINUTES 0 INOLX Item #2 create two parcels of land for commer- IRESUB- . lopment where one lot and a portion of a DIVfSTfON t now exists. NF-6T9--' Lot 1 and a portion of Lot 2, Tract APPROVED No. 3232, located at 1101 Bayside COSDI— Drive, on the southeasterly corner TIZWLY of Bayside Drive and Marine Avenue, adjacent to the Balboa Island Bridge. C -1 The Irvine Company, Newport Beach Same as Applicant Robert Bein, William Frost & Associates, Newport Beach wring was.opened in connection with this ;h appeared before the Commission on the applicant and the lessee. He advise request in no way changed the proposed. it previously approved by the Planning i and was merely for the purpose of financing. He concurred with the )rrt and recommendations. ig no others desiring to appear and be e public hearing was closed. made that Planning Commission make the findings: the map meets the requirements of Title the Newport Beach Municipal Code, all inces of the City, all applicable general acific plans and the Planning Commission tisfied with the plan of subdivision. Page 2. COMMISSIONERS City Of Newport I Beach MINUTES • � v' v� cFp ,5�; �oz January 5, 1978 ROLL GALL 2. That the proposed resubdivision presents no problems from a planning standpoint and any future plan for the development of this parci can be made to fit within the proposed boundary. and approve Resubdivision No. 569, subject to th following conditions: 1. That the previous approval of Resubdivis.ion No. 561 be rescinded if Resubdivision No. 56 is approved and Resubdivision No. 561 be mad null and void. 2. That a parcel map be filed. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. . 4. That a 10 foot wide easement be granted to t City for unobstructed public access across t Bay side of the parcels. 5. That a condition survey of the existing bulk head along the bay side of the property be made by ,a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of, the condition survey and to the satisfaction of the Public Works and Marine Departments. 6. That all vehicular access rights to Marine Avenue be released and relinquished to the City. 7. That the two unused driveway approaches on Marine Avenue be closed up. 8. That all vehicular access rights to Bayside Drive, except for one driveway at a locatioi approved by the Public Works Department, be released and relinquished to the City. 9. That Bayside Drive be widened by approximati ' 3 feet from Marine Avenue to approximately • feet easterly of Marine Avenue, and that a I 6 foot wide P..C.C. sidewalk be constructed immediately behind the curb along the Baysii Drive and Marine Avenue frontages. (The Ci Page 3. al e he he fly 180 iew ie ty iNOex COMMISSIONERS City of Newport Beach 'MINUTES January 5. 1978 MOLL CALL will be responsible for the traffic signal modification). 10. That additional street right -of -way sufficiei to provide for the curb relocation and an 8 foot wide parkway be dedicated to the public along Bayside Drive. 11. That the sewer service be provided by connec ing to the existing Orange County Sanitation District sewer line in Bayside Drive. the sewer connection shall be.to the requirement! and standards of the sanitation district. ( private sewer pump station may be required). 12. That a standard subdivision agreement and thi accompanying surety be provided if it is desired to record the parcel map or obtain a building permit before the required public improvements are completed. 13. That arrangements satisfactory to the Public Works Department be made for repair of the north abutment of the Marine Avenue bridge. 14. That the design of the storm drain system be approved by the Public Works Department. 15. That, if required due to the final location of the one permitted driveway in Item 8, an easement for ingress and egress be provided across Parcel 1 for the benefit of Parcel 2. This requirement may be waived if another means of vehicular access to Parcel 2 accept able to the Public Works Department is provided. 16. That a 10 foot wide storm drain easement fro Bayside Drive to the bulkhead line at a location acceptable to the Public Works Department be dedicated to the City (to provide for possible relocation of an existi storm drain). 17. That there shall be submitted a declaration covenants, conditions and restrictions setti forth an enforceable method of insuring the installation and continued maintenance of al common area improvements including, but not limited to landscaping, ingress, egress and Page 4. INOLX It t- s a • m n of ng 1 • COMMISSIONERS 9p� • � $y POLL CALL Is • City of Newport Beach lanuary 5 1978 MINUTES Ig acceptable to the Department of city Development, and in respect to legal :eability, the City Attorney. INO&_x Item #3 ) create four parcels of land for develop RESUB- >11 Center Newport. D-19T�ION Lot 4, Tract No. 7953 and Lot 7, Tract No. 8762, located at 4800 Bircl Street, on the easterly side of Von Karman Avenue between Birch Street and MacArthur Boulevard in Koll Center Newport. P -C Aetna Life Insurance Company, c/o The Koll Company, Newport Beach Same as Applicant Robert Bein, William Frost & Associates, Newport Beach aring was opened in connection with this neer Nolan advised of minor changes to s No. 3 and No. 5. hias of Robert Bein, William Frost & s, appeared before the Commission on the applicant and concurred with the ort and recommended conditions including es made to No. 3and 5. ised that an office building was proposed 1 1; that a building for Langdon & Wilson . s, was proposed for Parcel 2; and that building for Koll Development was pro- Parcel 3. ng no others desiring to appear and be e.public hearing was closed. Page 5. APPROVED CONDI-- TTWLLY p ark i.l Commur enfor( Request tl ment in KI Location: Zone: Applicant Owner: Engineer: Public he matter. City Engi Condition Bruce Mat Associate behalf of staff rep the chang Staff ad% for ParcE architect .an office posed for There bei heard, tf 1978 MINUTES Ig acceptable to the Department of city Development, and in respect to legal :eability, the City Attorney. INO&_x Item #3 ) create four parcels of land for develop RESUB- >11 Center Newport. D-19T�ION Lot 4, Tract No. 7953 and Lot 7, Tract No. 8762, located at 4800 Bircl Street, on the easterly side of Von Karman Avenue between Birch Street and MacArthur Boulevard in Koll Center Newport. P -C Aetna Life Insurance Company, c/o The Koll Company, Newport Beach Same as Applicant Robert Bein, William Frost & Associates, Newport Beach aring was opened in connection with this neer Nolan advised of minor changes to s No. 3 and No. 5. hias of Robert Bein, William Frost & s, appeared before the Commission on the applicant and concurred with the ort and recommended conditions including es made to No. 3and 5. ised that an office building was proposed 1 1; that a building for Langdon & Wilson . s, was proposed for Parcel 2; and that building for Koll Development was pro- Parcel 3. ng no others desiring to appear and be e.public hearing was closed. Page 5. APPROVED CONDI-- TTWLLY COMMISSIONERS P � ��soP City of Newport Beach January 6. 1978 MOLL CALL Motion X Motion was made that Planning Commission make th Ayes X X X X X following findings: Absent X 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable gener or specific plans and the Planning Commissio is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. . and approve Resubdivision No. 570, subject to th following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as required by City ordinance and the Public Works Department. 3. That all vehicular access rights to Jamboree Boulevard, except for one private drive at a location approved by the Public Works Department, be released and relinquished to the City of Newport Beach. 4. That all vehicular access rights to MacArthu Boulevard, except for one 32 foot wide priva drive at a location approved by the Public Works Department, be released.and relinquish to the City of Newport Beach. 5. That all vehicular access rights to Von Karm Avenue, except for the three and one -half existing private drives, be released and relinquished to the City of Newport Beach. 6. That the driveway approach on MacArthur Boul vard be constructed under an encroachment permit issued by the California Department.c Transportation, and that the driveway approa on Jamboree Boulevard be constructed under a encroachment permit issued by the Public Wor Department. 7. That all connections for water service be accomplished in a manner satisfactory to the Irvine Ranch Water District. Page 6. MINUTES 0 INOKX �1 e 0 r to ed an e- f ch n ks .ONE COMMISSIONERS • 9cF�'o�9�asoa`3 City of c s Fp 1� 3F S n�sp C January 5 Newport Beach 1978 POLL GALL 8. That all connections for sewer service be accomplished in a manner satisfactory to the Public Works Department. 9. That on -site fire hydrant locations shall be approved by the Fire and Public Works Depart ments. 10. Fire vehicle access shall be approved by the Fire Department. Request to establish a delicatessen- restaurant facility with on -sale beer and wine in an exist- ing building in Corona del Mar. . Location: Lot 1, Block B, Tract No. 470, a of Lot 10, Block 730, Coro portion del Mar, and a portion of an aband oned alley, located at 2407 East Coast Highway, on the south'easterl corner of East Coast Highway and Begonia 'Avenue in Corona del Mar. Zone: C -1 Applicant: Helmut Reiss, Laguna Beach Owner: Same as Applicant Staff answered questions of the Commission.relat to the parking layout, effect of the existing posts and chain across.the rear of the property, and hours of operation. Public hearing was opened in connection with th' matter. Helmut Reiss, applicant, appeared before the Commission and presented a further revision to parking layout which would make spaces 3 and 4 more accessible because of angled parking. He answered questions of the.Commission in connecti • with control of the parking lot and requested that the hours of operation be permitted from 10:00 a.m. to 9:00 p.m. Page 7. MINUTES INO&X Item #4 USE PERMIT N0 -7851 APPROVED n � - T�f NALLY y i is the on COMMISSIONERS City o 1 { Newport Beach 170 ROLL GALL Richard Baron, 709 Begonia Avenue, appeared befo the Commission and commended the applicant on hi program to control the parking lot. He further commented on the parking lot behind the medical building across the street and its continued mis use. Planning Commission and staff advised this was another matter which would be reviewed for violation of the use permit and the appropriate action taken. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, motion was made that Plann Ayes X X X X X Commission approve the parking layout revised Absent X as of January 5, 1978 and that the following findings be made: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the project will not have any significa environmental impact. 3. Adequate parking spaces and related vehicula circulation will be provided in conjunction with the proposed development. 4. The Police Department has indicated that the do not contemplate any problems. 5. The approval of Use Permit No. 1851 will not under the circumstances of this case be detr mental to the health, safety, peace, morals, comfort and general welfare of persons resid ing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. and that Use Permit No. 1851 be approved, subjec to the following conditions: 1. That development shall be in substantial conformance with the approved revised plot plan,.floor plan and elevations. 2. That a minimum of one parking space for each 40 square feet of "net floor area" in the Page 8. MINUTES I INOEX °e s i n! it r Y , i- t I .ow] COMMISSIONERS 9QF S $2 City of Newport Beach January 5, 1978 POLL CALL restaurant facility and one parking space for each 250 square feet of retail or storag, space shall be maintained on the site. 3. That the offstreet parking lot shall be marked with approved traffic markers or pain white lines not less than 4 inches wide in accordance with the approved revised parking layout. 4. That all mechanical equipment, storage, and trash areas shall be screened from adjoining properties, public streets and alley. 5. That the business shall remain closed after 9:00 P.M. and before 10:00 A.M. 6. That the parking lot shall be chained during non - business hours. • 7. That this permit shall extend for a period o 2 years. Any request for extension shall be reviewed by the Modifications Committee. Request to amend a previously approved use permi that permitted the establishment of a restaurant facility with on -sale alcoholic beverages so as to permit the construction of additional dining area on the property. The proposal includes thi paying of an annual fee to the City for the required parking spaces in a nearby Municipal parking lot in lieu of providing parking on -sit( Live entertainment is also proposed in the expal ed restaurant facility (i.e. Studio Cafe). The existing structure encroaches to within 3 feet of the rear property line (where the Ordinance requires a 5 foot rear yard when abutting reside tial property). All new construction conforms with the required 5 foot rear yard setback. Location: Portions of Lots 9, 10, and 11 of Block 12, Balboa Tract, located a 100 Main Street on the northeaste • corner of Main Street and East oa Front on the Balboa Peninsula. Page 9. MINUTES 1 N 01LX f t JUSE 17476 M&WED id- an- .Iy :an • I I 'ICI i[IL`L'L COMMISSIONERS NO City of 2 < .1an��ary ri Newport Beach 1078 /BOLL CALL Zone: C -1 Applicant: Hovik Abramian, Balboa Owner: Dr. Harry Alexon, Los Angeles Planning Commission acknowledged receipt of a letter from Joan Donahue in opposition to this request, however, it was noted that the letter had been inadvertently attached to another staff report. Public hearing was opened in connection with thi matter. Hovik Abramian, 4818 Surrey Drive, Corona del Ma applicant, appeared before the Commission in . connection with this matter and concurred with. the staff report and recommendations. He answer questions of the Commission relative to the live entertainment and sound attenuation. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Frederickson.voiced concern with th matter of in -lieu parking fees and felt that although this was the existing policy, it was an inadequate way to provide parking and that furth study should be given to this type of parking provisions. Commissioner Hummel pointed out possible conflic in planning which allow residential areas adjace to commercial areas, especially where percussior instruments as part of live entertainment were concerned. Commissioner Balalis commented on the ability of the local residents to walk to the commercial area and enjoy the amenities without the use of a car, which in itself justified the in -lieu parking fee aspect. Commissioner Heather commented on the revitaliza tion of the commercial area on the peninsula anc felt it should be protected and encouraged. Motion X Following discussion, motion was made that Plan- Ayes X X X X X ning Commission make the following findings: Absent X Page 10. MINUTES • INOtX s r, ed e e is nt 0 COMMISSIONERS • '�� v� °o�y_a�Qs9y�; City Of Newport Beach MINUTES JAnuary 5_ 1978 ROLL CALL 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. The Police Department has indicated that the do not contemplate any problems. 4. The live entertainment in the cocktail loung of the restaurant facility will not be detrimental to any surrounding land uses so long as the music is confined to the interio of the expanded building. 5. The approval of Use Permit No. 1476 (Amended will not, under the circumstances of this ca be detrimental to the health, safety, peace, morals, comfort and general welfare of perso • residing and working in the neighborhood or detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1476 (Amended) subjec to the following conditions: 1. That development shall be in substantial cor formance with the approved plot plan and elevation. 2. All trash or storage shall be located withir the building or be shielded from view by si) foot high walls or fences. 3. That all mechanical roof -top equipment shall be screened in a manner meeting the approval of the Department of Community Development. 4. That there shall be not less than 7 additiol transferable parking permits purchased from the City on an annual basis.in the Municipa' parking lot for the proposed development. Said requirement shall be waived at a later date if an off -site parking agreement for • said parking spaces is approved by the Plan. ning Commission and the City Council. Page.11. Y e r } se ns be lal ONO" COMMISSIONERS City of Newport Beach danuary 5. 1978 BOLL CALL 5. That no dancing shall be permitted in the restaurant facility unless an amendment to this application is approved by the Planning Commission. 6. That the live entertainment shall be confine to the interior of the premises and the soun from said entertainment shall be controlled in such a manner that it does not become a problem for adjoining residential uses. 7. .That this approval for live entertainment shall be for a period of two years, and any extension shall be acted upon by the Modifi- cations Committee. 8. That tables and chairs shall not be placed in the patio area nor shall the patio be use for any purpose other than landscaping of th required setback. 9. That a resubdivision be approved by the Plan ning Commission and a parcel map be filed to establish one building site where portions o 3 lots now exist. (Note: The Code requires that a resubdivision is required when altera tions to existing structures in excess of $5,000 are proposed in any one -year period). Request to permit the construction of a contrac- tor's workshop (i.e. office and shop areas) and related offstreet parking spaces on a lot in a Specific Plan Area where a specific plan has not been adopted. A modification to the Zoning Code is also requested since the proposed development also includes the remodeling and expansion of an existing nonconforming single family dwelling a 6 foot high fences in the required 10 foot rear yard on the site in the M -1 District. Location: Lot 5, Block 329, Lancaster's Addition, located at 509 29th Street, on the northerly side of 29th Street between Villa Way and Lafayette Avenue in Cannery Villag Page 12. MINUTES 0 J d e f Im e. INO<X • COMMISSIONERS •9�F �! nO 4p 191G'ti A City of Newport Beach January 5, 1978 MOLL CALL Zone: M -1 Applicant: Thirtieth Street Architects, Newport Beach Owner: Charley H. Tietgen, Newport Beach Public hearing was opened in connection with thi matter. John Loomis with Thirtieth Street Architects, applicant, appeared before the Commission and concurred with the staff report and recommenda- tions. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make ti es X X X X X following findings: sent X 1. The proposed development is. consistent with the General Plan and will not preclude the attainment of the General Plan objectives al policies. 2. That the proposed development will not pre- clude the adoption of the 'Cannery Village Specific Area Plan or be inconsistent with the objectives and policies to be contained in that plan. 3. The proposed development is a high - quality proposal and will not adversely affect the benefits of occupancy and use of existing. properties within the area. 4. The proposed development does not adversely affect the public benefits derived from expenditures of public funds for improvemen and beautification of streets and public facilities within the area. 5. The project will not have any significant environmental impact. . 6. Adequate parking spaces and related vehicul circulation will be provided in conjunction with the proposed development. Page 13. MINUTES ie Id a INOWX COMMISSIONERS City of Newport Beach $� danuary 5. 1978 MOLL CALL 7. That the establishment, maintenance or opera tion of the use of the property or 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 th neighborhood of such proposed use or be detr mental or injurious to property and improve- ments in the neighborhood or the general welfare of the City and further that the proposed expansion of the existing single family dwelling on the site is consistent with the legislative intent of Title 20 of the Municipal Code. and approve Site Plan Review No. 11, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as note< in condition of approval No. 2. 2. That no fences, landscape planter areas or other obstructions shall be permitted in thf required 10 foot rear yard setback. 3. That all four garage spaces on the site shal be maintained for vehicular storage at all times. 4. That all requirements of the Uniform Bu.ildil Code shall be met. Request to permit the construction of a single family dwelling in the R -1 District that exceed! the height limit in the 24/28 Foot Height Limiti tion District. A modification.to the Zoning Code is also requested since a portion of the proposed structure encroaches 2 feet into.the required 5 foot front yard setback adjacent to Begonia Park. Location: A portion of Pacific Drive (abandi ed) located at 2333 Pacific Drive on the southerly side of Pacific Page 14. MINUTES • INCKX e i- • 1 ig Item #7 VARIANCE N67TNT CONT. TO F F7 in- COMMISSIONERS City of Newport Beach lanuary 5. 1978 !ROLL CALL Drive, adjacent to Begonia Park in Corona del Mar. Zone: R -1 Applicant: Mr. & Mrs. Donald G. Griswold, Corona del Mar Owners: Same as Applicants Staff answered questions of the Commission .relative to this request and reviewed slides of the property in question. Public hearing was opened in connection with thi matter. Gordon Glass, architect, appeared before the Commission in connection with this matter. He advised there would be no new curb cut since . access would be taken over an existing driveway to Bayside Drive; that a preliminary report had been made relative to the soil which was used in designing the structure and that further soils reports would be required at the time permits were requested; presented pictures taken from Begonia Park indicating there were no unobstruct views from said park; and commented on the desic of the structure, its relationship to the height ordinance and the reasons for this particular design in order to take advantage of the view. He also commented on what he felt were conflicti statements within the staff report and advised that other designs had been considered and it we felt this was the best solution for this difficl piece of property. Mr. Glass answered question! of the Commission relative to the soil stabilitl value of the lot as it relates to view, and buildable area of the upper portion of the property. Donald Griswold, owner, appeared before the Commission to comment on views and advised he had no intent to downgrade the area. E. 0. Rodeffer, 2227 Pacific Drive, appeared before the Commission in favor of the request ai • felt that the proposed design was the most reasonable and practical for this difficult sit, Page 15. MINUTES .ed in ng Is Ilt r, Tl INCIM COMMISSIONERS 9 � 9: & Cep �E, •; City of Newport Beach january 5_ 1978 MOLL CALL Mr. Greenwalt, 414 Carnation, appeared before the Commission in opposition to the request because one - third of his view would be lost. HE also commented on the loss of view by others in the area. Jerry Shoffner appeared before the Commission ay voiced concern with the bulk and height of the building. A. T. Stover, 2316 Pacific Drive, appeared in opposition to the request because of the loss of view. Joe Bell, 411 Begonia, commented on the use of the park and the effect that the proposed structure would have on views. Jim Wood, Chairman of the Parks, Beaches and Recreation Commission commented on the concerns of his Commission with respect to this proposal and advised that although it had been discussed at their .previous meeting as an emergency item, no action was taken. He requested that this matter be delayed until further investigation could be made as to the effect of the developmel on Begonia Park. Assistant City Attorney Coffin commented on the role of the Planning Commission with respect to preservation of views and advised that this aspect could be considered in the granting of a variance to the zoning ordinance, since the key was the preservation of public views from the park and the street as opposed to private views John Butler, 912 West Balboa Boulevard, appearei before the Commission and commented on the need to consider the stability of the soil as well a! the matter of views. Gordon Glass appeared before the Commission and requested that in view of the misinformation an4 emotions involved, that this matter be continues until such time as the matter could be reviewed by the Parks, Beaches and Recreation Commission with proper notice to the property owner, and .that the misinformation be clarified. Page 16. MINUTES It inoax U 4� COMMISSIONERS vc�m 9o�ov po19a `'s; t S Fp 1� F 0 City of Newport Beach January 5. 1978 ROLL CALL Planning Commission discussed their responsibili to make certain findings in granting variances a well as their desire to review the preliminary soils report which had been made. Motion X X F Following discussion, motion was made that this Ayes X X X X X X X X X X m matter to continued to the meeting of February 1 Absent X X 1 1978, for the purpose of considering alternative designs which would take into consideration the problems of height, bulk, and loss of view; to allow the Parks, Beaches and Recreation Commissi the opportunity to review the matter at their next meeting and report back on their findings; and that the preliminary soils report be reviewe by the City's grading engineer and a report made as to his findings. Planning Commission recessed at 9:20 P.M. and • P reconvened at 9:35 P.M. Items #8 and #9 were heard concurrently because of their relationship. Request to amend the Planned Community Developme Plan for Harbor View Hills so as to permit resi- dential development, a private open space,and recreation area, and a city park where a reserve site now exists, and the acceptance of an envire mental document. Location: Lot 1; Tract No. 9587, and a port- MINUTES ty S 6, on R mt ,ir ,n- ion r- id INOUX COMMISSIONERS d+ P��tpp RC y MOLL CALL City of Newport Beach January 5, 1978 A- MINUTES • INO<X Item #9 I permit the subdivision of 20 ± acres Imbered lots for single family residen- lopment, one numbered lot to be developed i space and recreation area, one numbered developed as a city park, and three lots to be developed as streets. Lot 1, Tract No. 9587, and a portio of Blocks 92 and 97, Irvine's Subdivision, located at 2023 Spy- glass Hill Road, on the southeast- erly corner of Spyglass Hill Road . and San Miguel Drive in Harbor View Hills. P -C The Irvine Company, Newport Beach The Irvine Comapny and the City of Newport Beach Simpson - Steppat, Newport Beach arings were opened in connection with ters. sh appeared before the Commission on The Irvine Company and reviewed the d of the site and previous approvals e given, including the park concept approved by the Parks, Beaches and n Commission on November 20, 1977. In n with Condition No. 20.of the tentative id not feel there was a need for a t siltation control facility because acilities would be underground. Staff that this condition be changed to a siltation control facility satisfactor. ading engineer" in the event there was r such a facility. Mr. Neish agreed to ge. er, project director for Irvine Pacific rbor Ridge and Harbor Hill projects, before the Commission and answered relative to the grading operations. Page 18. TENT APPROVED DI- TIMELY 0 Request tc into 41 nl tial deve' as an opel lot to be lettered Location: Zone: Applicant Owners: Engineer: Public he these mat David Nei behalf of backgroun which wer which was Recreatic connectio map, he d "permanen all the f suggested provide " to the gr a need ft this char Mike Mohl on the Ha appeared questions A- MINUTES • INO<X Item #9 I permit the subdivision of 20 ± acres Imbered lots for single family residen- lopment, one numbered lot to be developed i space and recreation area, one numbered developed as a city park, and three lots to be developed as streets. Lot 1, Tract No. 9587, and a portio of Blocks 92 and 97, Irvine's Subdivision, located at 2023 Spy- glass Hill Road, on the southeast- erly corner of Spyglass Hill Road . and San Miguel Drive in Harbor View Hills. P -C The Irvine Company, Newport Beach The Irvine Comapny and the City of Newport Beach Simpson - Steppat, Newport Beach arings were opened in connection with ters. sh appeared before the Commission on The Irvine Company and reviewed the d of the site and previous approvals e given, including the park concept approved by the Parks, Beaches and n Commission on November 20, 1977. In n with Condition No. 20.of the tentative id not feel there was a need for a t siltation control facility because acilities would be underground. Staff that this condition be changed to a siltation control facility satisfactor. ading engineer" in the event there was r such a facility. Mr. Neish agreed to ge. er, project director for Irvine Pacific rbor Ridge and Harbor Hill projects, before the Commission and answered relative to the grading operations. Page 18. TENT APPROVED DI- TIMELY 0 COMMISSIONERS - - °c� City Of Newport. Beach MINUTES danuary 5. 1978 ROLL CALL John Allen, adjacent resident, appeared before the Commission and voiced concern with the grad' operations presently under way and the adverse effect of the magnitude of noise on the surrouni ing properties. Mike Mohler appeared before the Commission and further commented on the grading operations witl respect to the truck routes, hours of operation and the responsibility of the developer to remove the stockpiled dirt from Harbor Ridge. He also advised that the grading operation for Harbor Hill would only entail moving of dirt ani therefore no trucks would be involved in removal of dirt off the site. There being no others desiring to appear and be heard, the public hearings were closed. Assistant City Attorney Coffin reviewed additio • findings which should be made in connection wit the park dedication, since it was the desire of both the City and the developer to provide land in lieu of payment of fees. Motion X Motion was made that Planning Commission adopt Ayes X X X X X Resolution No. 999, recommending to the City Absent X Council the approval of Amendment No. 502. Motion X Motion was made that Planning Commission accept Ayes X X X x X the environmental document; that the following Absent X - findings be made: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the propo subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for th type.of development proposed. 4. That the site is physically suitable for th proposed density of the development. 5. That the design of the subdivision or the proposed improvements will not cause substa tial environmental damage or substantially and avoidably injure fish or wildlife or Page 19. INOl.X ng I- I ia.1 1 seo e e n- A -502 TT -10151 COMMISSIONERS City of Newport Beach MINUTES oy danuary 5. 1978 ROLL CALL or their habitat, and that a negative declaration should be filed. 6. That the design of the subdivision or the proposed improvements are not likely to caul serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict Witt any easements, acquired by the public at large, for access through or use of, properi within the proposed subdivision. 8. That the discharge of waste from the propose subdivision will not result in or add to an] violation of existing requirements prescribe by a California Regional Water Quality Conte Board pursuant to Division 7 (commencing wi+ Section 1300) of the Water Code. 9. The proposed development is a part of a larger development, Harbor View Hills, and, as such, is an integral part of the Planned Community Development Plan for Harbor View Hills. 10. Planning for Tentative Tract No. 10151 commenced and was substantially completed ii its conceptual phases prior to May 9, 1977, the date of introduction of Ordinance No. 1733, the Park Dedication Ordinance of the City of Newport Beach. The planning for th proposed tract included the addition of 2.1 acres to San Miguel Park and all said plan- ning and subdivision design was carried out in consideration of the addition to San Mig Park. 11. The dedication of a portion of San Miguel Park in conjunction with Tentative Tract No 10151 will be for the benefit of and serve the future needs of the residents of the subdivision and the residents of the remain portion of the area encompassed by the Plan Community Development Plan for Harbor View Hills. 12. It is in the interest of the City of Newpor Beach, the subdivider of Tentative Tract No 10151 and the residents of the City of Page 20. e :y ?d Id •ol .h I 3 uel in ne t INOVC {e , COMMISSIONERS City of Newport Beach MINUTES 7 lanuary 5_ 1978 POLL CALL Newport Beach to have land dedicated for thl expansion of San Miguel Park to become a highly functional and useful park. 13. The subdivider proposes to dedicated 2.13 acres of land to the City for park.and recreation purposes in conjunction with Tentative Tract No. 10151, which dedication includes 1.68 acres of land in excess of th amount of park dedication which would be required under the Park Dedication Ordinanc 14. The City of Newport Beach may accept the dedication of land in lieu of payment of fe as would normally be required under Section 19.50.050 of the Newport Beach Municipal Co because of the integration of the proposed development with the existing Harbor View Hills development and because of the findin in Finding No. 9 through No. 13 of these findings. and that Tentative Map Tract No. 10151 be appro subject to the following conditions: 1. That a final map be filed. 2. That all improvements be.constructed as required by ordinance and the Public Works Department. 3. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived provided maps drawn accurately to.a scale of l" = 100' are furnished to the Public Works Department. 4. That the Subdivision Ordinance requirement maximum street grades of 7% be waived, witf steeper grades allowed, subject to approval by the Public Works Department, where made necessary for topographical reasons. 5. That the vehicular access rights to Spygla! Hill Road be dedicated to the City, except for the one street intersection as shown oI the tentative map. 6. That the water capital improvement acreage fee be paid on all areas not dedicated to Page 21. ?s, ie, 4L ved for INDKX COMMISSIONERS City of Newport Beach POLL CALL inc Ice ar ies the City for park purposes. A transfer of ge , t acreage fees to the Water System Developmeni Fund will be necessary for the park when it is developed. 7. That storage capacity in San Joaquin Reservc equivalent to one maximum day's demand be dedicated to the City. 8. That easements dedicated to the City be a minimum of twelve feet in width, with wider easements provided where shown on the tenta- tive map and where required by the Public Works Department. 9. That the "A" Street intersection with Spygll Hill Road be designed to provide sight disti for a minimum of 40 mph speeds. 10. That slopes, landscaping, walls, and fences be designed to provide adequate sight distal at all intersections. 11. That Lot 43 shall be conveyed to the City for park and landscaping purposes. 12. That the City release its interest in Lot 1 Tract No. 9587, in a manner acceptable to the City Attorney. 13. That Lot 43 be rough graded by the subdivid to elevations acceptable to the Parks, Beac and Recreation Department; and that an acceptable type of temporary ground cover b provided for erosion control until the park site is developed by the City. The storm drain along the westerly side of the tract boundary shall be extended along the draina course in Lot 43 to the tract boundary. In addition, if the City obtains the necessary easement in the northeasterly corner of Tract No. 9047 adjacent to San Miguel Drive the storm drain shall be extended to connec with the existing culvert under San Miguel Drive and the area rough graded as above. 14. That a 10 foot wide P.C.C. access road be constructed by the subdivider across Lot 42 adjacent to the east side of Lot 38 from "C Street to the storm drain inlet at the sout Page 22. MINUTES \ INOKX i ss inc Ice ar ies ge , t i r COMMISSIONERS Beach City of Newport Beach MINUTES .lanoary 5. 1978 ROLL CALL end of Lot 43; and that access along the storm drain be provided to the satisfaction of the Public Works Department. In additic the necessary easement.for the access road shall be provided. 15. That a 10 foot wide Portland Cement Concret sidewalk be constructed immediately behind the curb along San Miguel Drive and Spyglas Hill Road. 16. That a subdivision agreement and accompanyi surety be provided if it is desired to record the final map prior to completion of the public improvements. 17. That separate easements be provided in Lot 43 for the existing and proposed City util- ities. • 18. That abandonment of the existing storm dra will include provision for filling the abandoned section so that no empty pipe is in the ground. 19. That terrace drains will be required on slopes as required by code subject to the approval of the City's Grading Engineer. 20. That an erosion control plan must be appro by the City's Grading.Engineer prior to th issuance of any grading permits, including rough grading. If the grading plan alters the existing siltation control facility, then the erosion control plan must indicat replacement of the existing facility with siltation control facility satisfactory to the Grading Engineer. 21. That lots adjacent to the nature park be provided with fire retardant roofs. 22. That final grading plans for the site be subject to the approval of the Parks, Beaches and Recreation Director, and that the developer makes every effort to negoti with the Broadmoor Homeowners Association acquire the additional park area as sugges by the P. B. b R. Director. Page 23. INONX n> e s ng in ved a at to to COMMISSIONERS 90 y s O SG City of Newport Beach MINUTES J anuary 5. 1978 INOEX POLL CALL 23. That fire hydrant locations and water mains shall be approved by the Fire and Public Works Departments. 24. That fire vehicle access shall be approved by the Fire Department. 25. That the State of California Vehicle Code shalt be enforced on all streets. 26. That. the cul -de -sacs shall conform to the City of Newport Beach standards. 27. That a qualified archaeologist will be notified when grading commences and will be able to observe grading operations to detect subsurface artifacts, if any exist. 28. That Condition 23 of Tentative Tract 8725 requiring that a traffic signal be constructe at the intersection of San Miguel Drive and • Spyglass Hill Road when traffic warrants are met (with 50% City funding) shall also apply to this map as determined by the City's Traffic Engineer. 29. That all structures shall be designed to comply with state energy conservation standards as stated in the California Administrative Code, Title 24, Part 6, Division T -20, Chapter 2. 30. That there shall be submitted a declaration of covenants, conditions and restrictions setting forth an enforceable method of insuring the installation and continued maintenance of landscaping, walls, fencing and all physical features such as buildings, fire hydrants, utility facilities,.parking areas, drainage facilities and recreation facilities, and including provisions for the.repair and maintenance of all slopes within the subdivision by the association with the requirement that the association carry appropriate insurance to cover the costs of slope failure damage and subsequent repair and /or restoration. This declaration of covenants, conditions and restrictions must be acceptable to the Department of Community Development, and in respect to legal enforceability, the City Attorney. Page 24. COMMISSIONERS City of Newport Beach MINUTES January 5. 1978 MOLL CALL 31. That prior to recordation of a final map, the arrangements for MWD facilities abandon ment and /or relocation shall be approved by the Public Works Department. Any easements and /or agreements relating to the existing facilities and /or replacement facilities in Lot 43 shall be subject to the written approval of the Public Works Department and the Parks, Beaches and Recreation Departmen as to the compatibility with the intended park use. 32. All demolition, abandonment and grading wor performed within the proposed development area, including those portions which are currently within the right -of -way of the Metropolitan Water District, shall be per- formed under permit from the Community Development Department and under the provis of the Excavation and Grading Code, Chapter • 70 of the Uniform Building Code as adopted by the City of Newport Beach. ADDITIONAL BUSINESS: Because of the Planning Commission Institute meeting in Oakland, California, February 1 throe 3, 1978, and the possibility there will be a la( of a quorum of Commissioners at the February 2, Motion X 1978 Planning Commission meeting, motion was may Ayes X X X X X to change the Planning Commission meeting Absent X scheduled for February 2, 1978 to the date of February 9, 1978. There being no further business, the meeting wa! adjourned. Time: 10:2 P.M.. Secretary AUP L L. LALIS Y Planning Commission City of Newport Beach Page 25. t .k ions Ign :k le INOLX