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HomeMy WebLinkAbout01/15/1976COMMISSIONERS Present Absent Motion Ayes Absent E CITY OF NEWPORT BEACH Special Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. Date: January 15, 1976 MINUTES X x X x x X X EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Planning William R. Foley, Environmental Coordinator Shirley Harbeck, Secretary x Minutes of the Regular Meeting of December 18, X X X X X X 1975, were approved as written. x Item #1 Request to permit the amendment of a previously USE approved use permit that allowed the construction PERMIT of illuminated tennis courts in conjunction with 1763 the Marriott Hotel facilities so as to permit DED the general public to utilize a portion of the subject tennis courts. The proposal also includes APPROVED a modification from the required parking standards C NED- so as to allow compact parking spaces for a por- TI�LY tion of the required parking spaces. Location: Parcel Nos. 1 and 2 of Parcel Map 37 -49 (Resubdivision No. 305) and a portion of Block 55 of Irvine's Subdivision, located at 900 Newport Center Drive West, on the south- westerly corner of Newport Center Drive West and Santa Barbara Drive in Newport Center. Zones: Unclassified, C -0 -H Applicant: Marriott Properties, Inc., Washington, D.C. Owner: The Irvine Company, Newport Beach Planning Commission discussed a condition imposed by the Coastal Commission which required the Page 1. COMMISSIONERS CITY OF NEWPORT BEACH mC P P Z N DAPS„ January 15, 1976 MINUTES Runev applicant to maintain a portion of the tennis courts for use.by the general public and question- ed whether this would be their policy on all future tennis courts over which they had juris- diction, as well as the possibility that this type of condition may be imposed on other types of recreational activities. Staff advised it was their understanding from contact with the Coastal Commission that this condition was being placed only on tennis courts. Public hearing was opened in connection with this matter. Joe Rothman, General Manager of the Marriott Hotel appeared before the Commission in connection with the request and advised that the courts were located at the extreme north end of the property adjacent to employee parking which was never completely utilized and, therefore,. parking should . not be a problem. He also answered questions of the Commission relative to the Coastal Commission requirement. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make the Ayes X X X X X X following findings: Absent X 1. That the proposed development is consistent with the General Plan, and will be compatible with surrounding land uses. 2. That adequate offstreet parking spaces exist on -site to accommodate the public usage of the three tennis courts inasmuch as they will be used by the general public during non -peak hours of the hotel complex. 3. The approval of Use Permit No. 1763 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the gen- eral welfare of the City. and approve the amendment to Use Permit No. 1763, Page 2. 0 Motion Ayes Absent 0 COMMISSIONERS t p P Z N CITY OF NEWPORT BEACH January 15, 1976 MINUTES INDEX subject to the following conditions: 1. That development shall be in substantial con- formance with the plot plan approved by the Planning Commission at its meeting of Septem- ber 18, 1975 in conjunction with the original Use Permit No. 1763. 2. That the use of the tennis court facilities by the general public shall be limited to three courts between the hours of 8:00 A.M. and 6:00 P.M. Monday thru Friday. 3. That all conditions of approval of the original Use Permit No. 1763 shall be met. Item #2 Request to permit the construction of a single family dwelling that exceeds the height limit in VARIANCE N 055 the 24/28 Foot Height Limitation District. The proposed development encroaches to the front property line along Ocean Boulevard (where the Districting Map indicates a 10 foot front yard CONT. TO FEB. 12 setback). Location: Parcel B of Parcel Map 4545 -197 (Resubdivision No. 79), located at 2711 Ocean Boulevard, on the west- erly side_of Ocean Boulevard between Fernleaf Avenue and Goldenrod Avenue in Corona del Mar. Zone: R -1 Applicant: H. L. and Nancy L. Caldwell, Newport Beach Owner: Same as Applicant X Planning Commission continued this matter to the X X X X X X meeting of February 12, 1976. X Page 3. COMMISSIONERS CITY OF NEWPORT BEACH � _11 x < z = 9 A p Z 3 IRe CALL N Motion Ayes Absent r"1 January 15. 1976 MINUTES Request to permit the construction of a duplex in VARIANCE the R -2 District that exceeds the height limit in RO. 1056 the 24/28 Foot Height Limitation District. The proposal also includes a two car carport on the APPROVED front one -half of the lot in addition to a pro- CONDI- posed two car garage (where the Ordinance requires I N LLY that any garage space on the front one -half of a site shall have side walls, a roof, and an operating garage door for access of automobiles). Location: Lot 2, Block 332, Corona del Mar, located at 400 Dahlia Avenue, on the northeasterly corner of Dahlia Avenue and Bayside Drive in Corona del Mar. Zone: R -2 Applicant: Charles L. Howell, Laguna Beach Owner: Mrs. Thelma Hope, Corona del Mar Staff answered questions of the Commission relative to access, driveways, public improvements, grading, and parking. Public hearing was opened in connection with this matter. - Charles Howell, architect, Laguna Beach, appeared before the Commission and concurred with the staff report and recommendations. Alice Pomeroy, 405k Fernleaf Avenue, appeared before the Commission to question what effect the structure would have on her view. Community Development Director Hogan reviewed the matter and advised that the portion which would affect the Pomeroy residence was within the height limit. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that Planning Commission make the X X X X X X following findings: X 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district, because of the steep topography of the site. Page 4. COMMISSIONERS CITY OF NEWPORT BEACH Mift T T m �e,1 v danuary 15. 197E MINUTES — . - " - INDEX 2. That the granting of the application is neces- sary for the preservation and enjoyment of substantial property rights of the applicant, since the steep terrain of the site precludes the construction of the duplex within the required 24 foot height limit. 3. That the proposed development will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstance of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. 4. That the establishment of a two car carport on the front one -half of the lot will not, under the circumstances of the particular case be detrimental to the health,. safety, peace, comfort and general welfare of persons resid= ing 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 and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. and approve Variance No. 1056, subject to the following conditions: 1. That development shall be in substantial con- formance with the approved plot plan and elevations. 2. That sewer service for this development be provided by constructing a private lateral connecting to an existing public sewer manhole located approximately 175 feet northwesterly of the site. 3. That the Bayside Drive curb cut and the driveway across the unimproved portions of Bayside Drive and Dahlia Avenue street right - of -way be in accordance with an encroachment permit approved by the Public Works and Parks, Beaches, and Recreation Departments. The . developer shall be responsible for protecting, relocating, or reconstructing the existing storm drain pipe in Dahlia Avenue. Page 5. COMMISSIONERS CITY OF NEWPORT BEACH IRe CALL >> L 0 daniiary 15_ 1979 MINUTES - - - INDEX Items #4 and #5 were heard concurrently because of their relationship, however, separate actions were taken on each item. Item #4 USE PETMIT —17-72F— Request to permit the establishment of a restau- rant facility with on -sale alcoholic beverages and live entertainment in an existing building in "Lido Village." APPROVED Location: Portion of Lot 2, Tract No. 1117, CONDI- located at 3511 and 3513 Via Oporto TI�LY on the southeasterly corner of Via Oporto and Central Avenue in "Lido Village." Zone: C -1 -H Applicant: Donald M. Koll, Newport Beach Owner: Same as Applicant Item #5. VARIANCE Request to waive a portion or all of the required parking spaces in conjunction with a proposed restaurant facility in "Lido Village." Parking for the proposed development will be located in NO. 1051 APPROVED the existing "Lido Village" parking structure. NG DI- Location: Portion of Lot 2, Tract No. 1117, TI LY located,.. a t. 3511 and 3513 Via Oporto on the southeasterly corner of Via Oporto and Central Avenue in "Lido Village." . Zone: C -1 -H Applicant: Donald M. Koll, Newport Beach Owner: Same as Applicant Staff presented the Commission with a summary of the required and available parking in the Lido Village Parking Structure which was made in duly, 1975. Staff also recommended that an additional condi- Page 6. COMMISSIONERS CITY OF NEWPORT BEACH P A It; as rAlI N January 15. 1976 MINUTES - - - - - INDEX tion be attached to Use Permit No. 1774 which would provide "That the use of live entertainment be limited to the hours after 6:00 P.M. on weekdays;" and that an additional condition be attached to Variance No. 1051 which would provide "That if, after further study, the City Council formally amends the parking requirements for Lido Village so that parking for this restaurant becomes available, the approval of this variance shall terminate, and the restaurant shall provide the required parking." Community Development Director Hogan commented on the Lido Village Parking Study recently made for the City and the indication that.the present parking requirements for retail stores and offices may be too high. Based on this parking study, staff felt that the additional use could be made without any detrimental effect on the general area. from a parking standpoint and therefore recommend-* ed approval as outlined in the staff report. Mr. Hogan answered questions of the Commission • relative to the stripping in the parking structure and factors taken into consideration in the pre- paration of the parking study. Hank Mohle, consultant, appeared before the Commission to answer questions relative to the preparation of the Lido Village Parking Study. Public hearings were opened in connection with these matters. Tim Strader appeared before the Commission on behalf of Donald M. Koll, the applicant. He commented on the need for additional food services in this type of specialty center, parking improve- ments which have been provided by means of the structure, and the concern with lack of on- street parking and their program to encourage both employees and customers to use the parking struc- ture. Planning Commission discussed additional signing which may be needed in order to direct people into the structure by means of the Via Oporto entrance. • There being no others desiring to appear and be heard, the hearings public were closed. Planning Commission further discussed the calcula- tions and conclusions of the parking study, Page 7. COMMISSIONERS CITY OF NEWPORT BEACH A A Z Ti so ,.s„ N January 15, 1976 MINUTES - IN DEJ� including the elimination of required parking for boat.slips, derivation of the hypothetical formula of 1 space per 350 square feet through the use of the actual data obtained in the field survey, and occupancy limitation of the Warehouse restaurant. In connection with Use Permit No. 1774, the Commission discussed the basic parking formula to be established based on the type of restaurant and proposed live entertainment. At this point the Commission discussed parking for the entire area relative to current and ultimate demands and it was pointed out that because of nonconforming uses in the area, the only fair approach was to determine all the parking needs of the area and project that demand in terms of floor area ratio (i.e. 1 space per 350 sq. ft.) for that portion of the center for which the applicant was responsible for providing additional parking. Motion X Following discussion, motion was made that Plannin S X X X X X X Commission make the following findings: Dent X 1. That the proposed development is consistent with the General Plan and is compatible with . surrounding land uses. 2. That, based on the parking study, adequate par:- ing will be provided. 3. That the proposed development will not have any significant environmental impacts. 4. That the approval of Use Permit No. 1774 will not, under the circumstances of this case, be detrimental to the health, safety,. peace, comfort and general welfare of persons resid- ing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the genera welfare of the City. and approve Use Permit No. 1774, subject to the following conditions: 1. That the development be in substantial con- . formance with the approved plot plan and floor plan, except as noted in Condition No. 2. 2. That two exits be provided from the public area in accordance with the requirements of the Uniform Building Code. Page 8. COMMISSIONERS CITY OF NEWPORT BEACH 70.1 - r p A Z DO ,.,,, January 15, 1976 MINUTES 3. That all signing be reviewed and approved by the Director of Community Development. 4. That the use of live entertainment be limited to the hours after 6:00 P.M. on weekdays. 5. That the parking ratio be established at 1 space per 35 square feet of net public area. Planning Commission discussed the variance request for a waiver.of the required parking as establishe under the use permit approved above. Motion X Motion was made that Planning Commission make the following findings: _ 1. That adequate parking is available for the proposed restaurant. 2. That the unique combination of uses and the provision of a central parking facility for all of the uses constitutes an exceptional circumstance which does not generally apply to . other land, buildings, and uses in the C -1 District. 3. That due to the substantial investment in the parking structure and to the availability of adequate parking, the granting of this appli- cation is necessary for.the preservation and enjoyment of substantial property rights of the applicant. 4. That the granting of Variance No. 1051 will not, under the circumstances.of this case, be detrimental to the health, safety, peace, comfort and general welfare of persons resid- ing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Variance No. 1051,subject to the following conditions: 1. That the applicant will develop a directional signing program for the parking structure and will attempt to advertise the availability of validated parking in the general promotional program for Lido Village. 2. That the applicant will work with the Merchant!' Association to develop a program to encourage Page 9. COMMISSIONERS CITY OF NEWPORT BEACH R* CALL N Ayes Noes Absent 0 Mon A Absent MINUTES January 15, 1976 INUCA all employees to park in the structure. The relationship of parking to development on the property presently occupied by Richard's was discussed as well as effect on the area should their lot be converted to "validation" parking. X X X X X Following discussion, the motion to approve the X variance was voted on and carried. X Item #6 Request to amend the Planned Community Development AMENDMENT Plan for "Newport Place" to permit changes in the NO. 462 Land Use Map and Text, and the acceptance of an Environmental Document. APPROVED RES. NO. Location: The Planned Community of "Newport 941 Place," bounded by Birch Street, MacArthur Boulevard, Jamboree Road, and Bristol Street: Zone: P -C Applicant: Bill Langston, Newport Beach Owner: Edker Pope, et al, Corona del Mar Planning Commission questioned the effect of the proposed uses on P.M. peak hour traffic and staff pointed out that the proposed uses would take traffic off the highway rather than add to the traffic as in the case of automobile centers. Public hearing was opened in connection with this matter. Bill Langston, 18 Oak Crest Lane, appeared before the Commission to comment on the request and their attempt to provide uses which would be compatible with existing businesses. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that Planning Commission adopt X X X X X X Resolution No. 941, recommending to the City X Council that Amendment No. 462 be approved subject to the following addition to the Planned Community text: Page 10. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES F A Z N January 15, 1976 ,u„cv "That the location and design of all access points on Sites lA and 2B be reviewed and approved by the traffic engineer." Motion X There being no further business, motion was made Ayes X X X X X X to adjourn. Time: 8:50 P.M. Absent X JAME M. PARKER, Secretary , Planning Commission City of Newport Beach Page 11.