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HomeMy WebLinkAbout01/16/1975r COMMISSIONERS A R011WAL L Present X X X X X X Motion All Ayes Motion Ay s A*a i n 0 CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. nata. Januawv 1r 107C MINUTES 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 Robert Lenard, Associate Planner Shirley Harbeck, Secretary X Minutes of the Regular Meeting of December 19, 1975 were approved as written. X Minutes of the Regular Meeting of January 2, 1975 X X X X X were approved with the amendment that Page 6 X reflect that prior to the motion in connection with Use Permit No. 1677, discussion and consider- ation was given to the availability of public parking in the adjacent areas, both on street and in the parking lots, as a means of minimizing any impact which may be created by the restaurant. Request to permit the extension of a use permit USE which allows the operation of a commercial nursery PERMIT and related retail sales, including the sale of. 1683 garden furniture, in the R -A District. EXTENSION Location: Portion of Block 93, Irvine's GRANTED Subdivision, located on the south N7 —DI-- side of San Joaquin Hills Road TI— ON-ArRY between MacArthur Boulevard and proposed New MacArthur Boulevard, in Harbor View Hills. Zone: R -A Applicant: Roger's Gardens, Newport Center Owner: The Irvine Company, Newport Beach Page 1. COMMISSIONERS CITY OF NEWPORT BEACH m y A � A N RO Z ^' ALL January 16 1975 MINUTES � � INDEX Assistant Community Development Director Hewicker . reviewed the request and the staff report with the Commission. Planning Commission discussed amending the General Plan to reflect the actual use of the property should the determination be made that such an amendment was necessary. Planning Commission questioned notification of the homeowners in the area and Assistant Community Development Director Hewicker advised that notice had been sent to the Broadmoor Community Associa- tion and subsequent contact disclosed that there were no objections to extending the lease; they were pleased with the development; and their only request was that the condition under the original use permit which limited height of buildings be extended to include the landscaping. Planning Commission discussed the length of the lease and continuation of the use which was originally considered as being of a temporary . nature. Lewis Whitney, General Manager of Roger's Gardens appeared before the Commission and advised of the problems involved in obtaining long term financing under the present use permit and therefore request- ed that the use permit be extended to cover a period of 55 years to coincide with the term of the lease on which they had a verbal commitment from the landowner and which will be finalized if the use permit is extended. Motion X Following discussion, motion was made to grant the Ayes X X X X X extension of Use Permit No. 1683, subject to the Noes following conditions, and that an amendment to the General Plan was neither necessary nor desirable as this was a specific type of use uniquely compatible with the area: 1. That this approval shall be for a period of time to coincide with the lease of the site but not to exceed 55 years. 2. That all remaining applicable conditions of Use Permit No. 1683 and Resubdivision No. 401 shall be fulfilled. • 3. That the remaining public improvements along Old MacArthur Boulevard frontage, which include pavement widening, curb and gutter, Page 2. 'COMMISSIONERS CITY OF NEWPORT BEACH T r m a X r( m y � A Z X P RO ALL � 0 MINUTES lanuary 16. 1975 ,u nev owci, sidewalk, and street lights, shall be completed. 4. That the maximum height of all landscaping on the site shall not exceed 279 feet above Mean Sea Level. Commissioner Seely stepped down from the dais and refrained from deliberation on the following matter and was therefore deemed absent. Item #1 Request to amend a previously approved variance VARIANCE that permitted an increase in the allowable floor area of a duplex for additional garage space. Said 1032 (AMENDED). amendment is requested so as to cover an addition- al portion of the subterranean parking area and thereby further increase the allowable floor area and reduce the required easterly side yard from APPROVED NLDr—_ TION�LY 3 feet to zero. Location: Lot 6, Block 60, Ocean Front, located at 6011 Seashore Drive on the southeasterly corner of 61st Street and Seashore Drive in West Newport. Zone: R -2 Applicant: Earl Dexter, Newport Beach Owner: Same as Applicant Public hearing was opened in connection with this matter. Earl Dexter, applicant, appeared before the Commission and advised of problems with vandalism and noise. The area in question had been tempor- arily covered, however, since construction did not meet the Uniform Building Code, Mr. Dexter was advised that the cover would have to be re- constructed to conform to code. Mr. Dexter agreed to making the required changes. There being no others desiring to appear and be heard, the public hearing was closed. On the basis that the Planning Commission origin- ally allowed the encroachment in order to park Page 3. COMMISSIONERS T A T a m< D P Motion Ayes Absent 0 • CITY OF NEWPORT BEACH MINUTES January 16, 1975 IA VCA five cars off the street and that the need to cover the parking was substantiated by the appli- X cant, motion was made to amend Variance No. 1032, X X X X X subject to the following conditions: X 1. That the enclosure of the subterranean garage shall be reconstructed so as to comply with the provisions of the Uniform Building Code. Said enclosure shall be placed at a height above the garage floor which will provide a minimum clearance above the hoods of the vehicles stored in the garage. However, in no event shall the enclosure be constructed less than 30 inches from the top of the existing 6 foot high masonry wall along the easterly side property line. 2. That building permits shall be obtained for all new construction. 3. That all construction debris remaining in the easterly side yard setback shall be removed. Commissioner Seely returned to the dais. Item #2 Proposed amendment to the Newport Beach Municipal AMENDMENT Code pertaining to the control and regulation of 90. 435 signs. APPROVED Initiated by: City of Newport Beach AS REVISED Previous actions of the Planning Commission con- cerning this matter were reviewed and it was the . concensus of the Planning Commission that much public input had been received at previous hear- ings and therefore discussion was in order to arrive at some conclusion. Staff presented the Commission with a "Proposed Order of Discussion" agenda which was followed. Environmental Coordinator Foley reviewed the section regarding amortization. There was much discussion by the Commission on the issue of amortization vs. grandfathering and in order to develop some concensus as to the text Page 4. COMMISSIONERS CITY OF NEWPORT BEACH YC m Y M D R` m T Y T IT < Y R6W1hrALI January 16 1975 MINUTES INDE^ . of the proposed sign ordinance, "straw votes" were taken to determine changes to the draft ordinance dated 11/25/74 as follows: Proposal X That the section on amortization as outlined be Ayes X X approved increasing the differential cost from Noes X X X X N $100.00 to $500.00 and changing the period of time for painted wall signs and signs costing less than $500.00 from 120 days to 2 years. Proposal failed Proposal X That the section on amortization as outlined be Ayes X X Y approved increasing the differential cost from Noes X X X X $100.00 to $500.00 and changing the period of time for painted wall signs and signs costing less than $500.00 from 120 days to 2 years; deleting the last two paragraphs on page 19, and providing that all nonconforming major signs must be made to con- form with all the provisions of this ordinance when there is a change in either type or identity (name) of a business. Proposal failed. Proposal X That the section on amortization as outlined be Ayes X X X X approved increasing the differential cost from No* X X X $100.,00 to $500.00, changing the period of time for painted wall signs and signs costing less than $500.00 from 120 days to 2 years, deleting the lust paragraph on page 19 and providing that all nonconforming major signs must be made to conform with all the provisions of this ordinance ds follows: Signs constructed prior to the enactment of this ordinance must be made to conform with all the provisions of this ordinance when there is a change in either type of business or identity (name) of a business and in any case by January 1', 1990. Proposal carried. The proposed ordinance as it related to number of signs was reviewed and discussed by the Commission They also discussed the total sign area concept. Following the discussion and in keeping with the concept of obtaining a concensus by means of "straw votes ", the following proposals were made: Proposal X That the limit on the number of signs and the Ayes X X X X X X total sign area as proposed in the ordinance for Noes X individual businesses (page 5) be as proposed except that the maximum sign area be changed to 150 sq. ft. Psal X That the criteria for wall signs (page 11) remain Ay X X X X as proposed with the change that the maximum area Noes X be 150 sq. ft. Page 5. commissioNERS CITY OF NEWPORT BEACH [� m y T ,lanuary 16. 1975 MINUTES Proposal X That the recommendation pertaining to free - Ayes X X X X X standing signs (page 12) remain as proposed. Noes X Proposal X That the recommendation pertaining to projecting Ayes X X X X X signs (page 11) remain as proposed. Noes X Proposal Y That the recommendation pertaining to roof signs All Ayes (page 12) be as proposed with the deletion of sub - paragraph (a) and (b) and provide a maximum height above grade of 26 feet. Proposal X That lighting of signs (page 10) be approved as All Ayes recommended with the deletion of sub - paragraph (b). Planning Commission discussed signs which are part of a planned community, signs permitted under a use permit, specific signing districts, and sign Proposal X exceptions. Following discussion, proposal was All Ayes made which provided that signs constructed in accordance with a planned community development or specific use permit issued within a planned community development or specific signing district • or signs for which an exception permit was granted prior to the effective date of this ordinance shall have the status of legal, conforming signs. The distinction between multiple commercial devel- opments and multi- tenant buildings was discussed including proposed signing for each type of business and the following changes were proposed. Proposal X That multi- tenant buildings (page 7) be described All Ayes as containing three or more stories, and that the wall signs in connection therewith contain a maximum of 150 sq. ft. and the free standing signs contain a maximum of 35 sq. ft. Proposal X That the last two paragraphs on Page 6 be deleted. All Ayes Planning Commission recessed at 10:00 P.M. and reconvened at 10:20 P.M. Assistant City Attorney Coffin commented on the ordinance from a legal standpoint and pointed out areas -of concern where discretionary authority was granted to the Director of Community Development without setting specific standards. Planning Page 6. COMMISSIONERS CITY OF NEWPORT BEACLi R M = T 9 ,..�... T January 16_ 1975 MINUTES unev -- Commission discussed the various areas of concern and felt that for the present, discretionary authority should be with the Planning Commission rather than the Community Development Director and requested that the various changes be made - throughout the ordinance. Assistant City Attorney Coffin also commented on the ordinance as it pertained to advertising signs on vehicles and requested clarification in order that the ordinance could be written as intended. Discussion was opened to the public for their comments relative to the sign ordinance as pro- posed and revised by the Commission. George Perlin, Balboa, appeared before the Commis- sion and felt there was no problem with the exist- ing sign ordinance and therefore the proposed sign ordinance should be. denied. Michael Gering, 1350 Sussex Lane, Newport Beach, appeared before the Commission on behalf of the • Newport- Harbor Chamber of Commerce and read a prepared statement in opposition to the proposed ordinance. Caroline Clucas, 4403 Seashore Drive, appeared before the Commission and presented information on the favorable effects which have taken place as a result of more restrictive sign.ordinances which have been enacted by the Cities of Palm Springs and Fremont. Andrew Johnson, 3500 East Coast Highway Corona del Mar, appeared before the Commission and requested that "agent" be included as permitted copy in real estate signs because of the number of out -of -town landowners. The Commission concurred this was a reasonable request. There being no others desiring to appear and be heard, the public hearing was closed. Motion Following discussion, motion was made recommending Ayes X X X N X approval of Amendment No. 435, incorporating the Noes X various changes heretofore agreed upon and includ- ing the changes recommended by the City Attorney relative to discretionary authority. Commissioner Parker commented on the need for a grandfather clause as opposed to amortization and felt there was a need for a new ordinance but this was not it. Page 7. COMMISSIONERS yG1 m 9 T 7 'N^ p RO&ALL 0 Motion Moti on 0 CITY OF NEWPORT BEACLJ MINUTES lanuary 16. 1975 Item #3 Request to set public hearing for General Plan GENERAL Amendments. PLAN AMEND - Discussion was opened in connection with the MENTS various requests. SET FOR Larry Lizotte, Vice President of Broadmoor Homes; HEARING 17802 Irvine Boulevard, Tustin, appeared before the Commission to answer questions in connection with the request to amend the Land Use and Resi- dential Growth Elements by changing the land use designation of Pacific View property from Govern- mental, Educational and Institutional to Low Density Residential. He briefly reviewed the proposed project and requested that the amendment be set for hearing. Planning Commission discussed what information was needed at this time to determine justification for setting the public hearing as well as the.cost and time factors involved. Based on the potential problems of growing inten- sity in the area and feeling that this proposal X would contribute to these problems, motion was made that the request to change the land use designation of Pacific View property as requested by Broadmoor Homes not be set for hearing. Planning Commission discussed the procedures for determining which requests for General Plan Amend- ments should be set for hearing and there was some feeling that the guidelines were inadequate. X Commissioner Williams withdrew his motion and a new motion was made to set a public hearing for February 20, 1975 on all of the requested General Plan Amendments. Chairman Hazewinkel invited comment on any and all of the proposed requests to amend the General Plan and advised of his abstention on all matters involving The Irvine Company. Commissioner Heather chaired the meeting during the time Commissioner Hazewinkel was absent. Dave Neish, Manager, Planning Administration, The Irvine Company, appeared before the Commissio and requested that the amendment to the Land Use and Residential Growth Elements of the General i Plan as requested by Paul Ryckoff and listed as Page 8. COMMISSIONERS CITY OF NEWPORT BEACLI Q„dbr e„ m January 16, 1975 MINUTES - -- raven Item 5 in the staff report not be set for hearing for the reasons stated in a letter which he read into the record, signed by Thomas C. Wolff, Jr., Senior Vice President, Land Development, The Irvine Company, dated January 16, 1975. . Robert Shelton, 500 Newport Center Drive, appeared before the Commission on behalf of Curci- Turner Company in order to determine that a letter dated January 14, 1975, signed by John L. Curci, opposin a request to change the land use designation for Lido Peninsula had been received and was made a part of the record. Mr. John Kingsley, Acting President of the Lido Peninsula Community Association appeared before the Commission and requested that the requested amendment to the Land Use and Residential Growth Elements of the General Plan relative to the Lido Peninsula be set for hearing. Jean Watt, #4 Harbor Island, appeared before the Commission on behalf of S.P.O.N. and requested that the amendment to the Land Use and Residential • Growth Elements of the General Plan as proposed by Paul Ryckoff and listed as Item 5 in the staff report be set for hearing in order to preserve the environment and control density. Bobbie Riddle,resident of Lido Peninsula appeared before the Commission in favor of setting the public hearing to amend the Land Use and Residen- tial Growth Elements of the General Plan in connection with the Lido Peninsula. .Commissioner Seely requested withdrawal of the motion setting all the items for public hearing in order that each matter could be cons.idered individually. Following discussion of the request the motion was withdrawn. Action was then taken on the requests involving The Irvine Company in order that Commissioner Hazewinkel could return to the dais and partici- pate in the other requests. Motion X Motion was made to set for hearing on February 20, Ayes X X X X X X 1975, the request to amend the Land Use and Absent X Residential Growth Elements of the General Plan • by changing the land use designation for the property on the north side of Coast Highway east- erly of Jamboree Road from Low Density Residential to Administrative, Professional and Financial Page 9. COMMISSIONERS e^ gift u T CITY OF NEWPORT BEACH January 16, 1975 MINUTES u ww Commercial.(Requested by The Irvine Company, property owner.) Motion X Motion was made to set for hearing on February 20, Ayes X X X X 1975, the request to amend the Land Use and Resi- Noes X X dential Growth- Elements of the General Plan in Absent X order to redefine Low Density Residential; create. a new category known as Medium Density Residential apply the redefined Low - Density Residential desig- nation to Castaway, North Newporter, and a portion of Jamboree /Coast Highway vacant sites; apply new Medium Density Residential designation to a por- tion of Jamboree /Coast Highway vacant site; change wording in Residential Growth Element. (Requested by Paul Ryckoff.) Commissioner Hazewinkel returned to the dais. Motion X Motion was made to set for hearing on February 20, 1975, the request to amend the Land Use and Residential Growth Elements of the General Plan changing the land use designation on Pacific View property (50 acres, north of Pacific View Memorial • Park) from Governmental, Educational and Institu- tional to Low Density Residential. (Requested by Broadmoor Homes, Inc.) Discussion indicated there was some feeling that this request was a "cart before the horse" situa- tion and that there were procedural problems involved which needed further. review. The questio was raised as to how much preliminary information would be necessary in order to make a decision at the General Plan level and it was felt this also needed further study. Ayes X X X X X Following discussion, the motion was voted on and Noes N carried. Motion X Motion was made to set for hearing on February 20, All Ayes 1975, an amendment to the Land Use and Residential Growth Elements of the General Plan to change the land use designation of the lot at 809 East Bay Avenue (in Central Balboa) from Retail and Service Commercial to Two - Family Residential. (Requested by Billie M. Hickok, property owner.) Motion X Motion was made to set for hearing on February 20, 1975, an amendment to the Land Use and Residential • Growth Elements of the General Plan to change the land use designation for Lido Peninsula to provide for only residential use for all areas currently under residential use and to prohibit further Page 10. COMMISSIONERS F M Ayes Noes Motion Ayes Abstain M69on All Ayes • X X CITY OF NEWPORT BEACH MINUTES January 1F_ 1975 commercial development. (Requested by the Lido Peninsula Community Association.) Discussion of the motion included the fact that consideration was recently given to this matter, that the area was appropriate for a specific area plan to be developed within the General Plan designation as presently established, that the major landowner indicated a time factor of approx- imately 10 years before redevelopment and any planning by the staff prior to that time would be premature. Following discussion, motion was voted on and X X X X X failed. Motion was made to set for hearing on February 20, X N X X 1975, an amendment to the Land Use, Residential X Growth and Recreation and Open Space Elements of the General Plan changing the land use designation of the vacant parcel at the corner of Harbor View Drive and Marguerite Avenue from Low Density Residential to Open Space. Motion was made to set for hearing on February 20, 1975, an amendment to the Land Use Element of the General Plan in order to designate the Old Newport Boulevard area for a Specific Area Plan, by adding a Specific Area Plan designation on the Land Use Plan (map). RESOLUTION 0. 905 * * * * * * * * Planning Commission Resolution. No. 905 setting a SUMMARY OF public hearing for February.20, 1975 to consider ITEMS SET Amendments to the Newport Beach General Plan FOR UBLIC included the following items as reflected by the HEARING above actions: FEB. TOY 1. Land Use and Residential Growth Elements - Change land use designation of Pacific View property (50 acres, north of Pacific View Memorial Park) from "Governmental, Educational and Institutional" to "Low Density Residential ". (Requested by Broadmoor Homes, Inc.) 2. Land Use and Residential Growth Elements - Change land use designation of lot at 809 East Bay Avenue (in Central Balboa) from "Retail and Service Commercial" to "Two- Family Residential." (Requested by Billie M. Hickok property owner.) Page 11. COMMISSIONERS CITY OF NEWPORT BEACH . m m q A RO ALL Motion All Ayes Motion All Ayes E MINUTES January lfi_ 1875 3. Land Use and Residential Growth Elements - Change land use designation for the property on the north side of Coast Highway easterly of Jamboree Road from "Low Density Residential to "Administrative, Professional and Financial. Commercial." (Requested by The Irvine Company, property owner.) 4. Land Use and Residential Growth Elements - Redefine "Low Density Residential "; create new category: "Medium Density Residential "; ap.ply redefined "Low- Density Residential" designa- tion to Castaway, North Newporter, and a portion of Jamboree /Coast Highway vacant sites; apply new "Medium Density Residential ". designation to a portion of Jamboree /Coast Highway vacant site; change wording in Residential Growth Element. (Requested by Paul Ryckoff.) 5. Land Use, Residential Growth and Recreation and Open Space Elements -, Change the land use designation of the vacant parcel at the corner of Harbor View Drive and Marguerite Avenue from "Low Density Residential" to "Open Space." 6. Land Use Element - Designate th.e Old Newport Boulevard area for a specific area plan. Item #4 Request to set public hearing for Public Safety PUBLIC SAFETY Element of the General Plan. ELEMENT X Motion was made adopting Resolution No. 906 set- ting a public hearing for February 6, 1975 to SET FOR consider adoption of the Public Safety Element of HEARING the Newport Beach General Plan. Item #5 Request to set public hearing for the HUD Block HUD Grant Program. BLOCK R NT X Motion was made adopting Resolution No. 907 set- R� GGRAM ting a public hearing for February 6, 1975 to give consideration to the HUD Block Grant Program. SET FOR HE —RING Page 12. COMMISSIONERS CITY OF NEWPORT BEACLN MINUTES < m P onIftw,I T P N 3AMIAr\/ Ir 1075 u,ww ADDITIONAL BUSINESS: Community Development Director Hogan presented a request for remodeling property at the corner of Ocean and "L" Street on the Peninsula and requested an interpretation of the Municipal Code pertaining to the open space requirement on the front of the property. It was the Planning Com- miss.ion's determination that as long as the open space was adjacent to a street, it would fulfill the intent of the Residential Development Standard . and therefore would qualify as the open space requirement within the development standards. Motion X There being no further business, motion was made All Ayes to adjourn. Time: 12:10 A.M. e� JAMES PARKER, Secretary Planning Commission City of Newport Beach Page 13.