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HomeMy WebLinkAbout01/21/1971'COMMISSIONERS FQ o z R CALL > ° _':5 `^ � Present Absent etion Second All Aye 0 CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: Council Chambers Time: 8:00 P.M. Date: January 21, 1971 MINUTES INDEX x xxxxx x EX- OFFICIO MEMBERS Laurence Wilson, Planning Director Dennis O'Neil, Asst. City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker; Asst. Planning Director Helen Herrmann On motion of Commissioner Dosh, seconded by Commis- sioner Brown, and carried, the minutes of December 17, 1970 and January 5, 1971 were approved as written. x x The following items were continued until March 18, 1971, at the request of the applicants. Item 1. Request to construct a boy's club at 2555 Vista del Oro, on the westerly side of Vista del Oro approximately 240 feet northerly of the intersec- USE PERMIT Nb7-703 tion with Vista del Sol. Item 2. Request to create one parcel of land - 15,189 sq.ft. in area - for use as a site for a boys' club at 2555 Vista del Oro, on the westerly side RESUBDI- —VTTrON 07796 of Vista del Oro approximately 240 feet northerly of the intersection with Vista del Sol. Item 7. Request to permit a 16th Century galleon to be moored adjacent to Delaney's Sea Shanty and to be used as a floating cocktail lounge and oyster bar USE PERMIT NT-.--T�07 at 630 Lido Park Drive. Page 1. COMMISSIONERS CITY OF NEWPORT BEACH V � CALL ° • Motion Second All Aye • MINUTES January 21, 1971 INDEX Item 3. Request to permit the off- street parking require- ments for an office building to be satisfied through the use of 110 tandem parking spaces out USE PEf2MIT NO. 506 WITHDRAWN of a total of 1157 spaces. Location: Portion of Block 55, Irvine's Subdivi- sion, located at the northwest corner of Newport Center Drive and Santa Cruz Drive. Zone: C- O -H -UL Applicant: William L. Pereira Assoc., Corona del Mar Owner: Pacific Mutual Life Insurance Company Los Angeles Planning Director Wilson read into the record a letter from William L. Pereira Associates dated January 18, 1971 stating that, on behalf of their client, Pacific Mutual Life Insurance Company, x they were requesting that the subject use permit be withdrawn. The Commission complied with this X request. Commissioner Adkinson stepped down during discus- sion of the following item inasmuch as his firm represents Mr. Didak. Item 4. Request to divide three existing lots into four parcels, three of which would be used as duplex building sites. RESUBDI- MroN NU_. Location: Lots 8, 9 and 10, Block 12, Tract 27, APPROVED located at 415 Santa Ana Avenue, on the northwest side of Santa Ana Avenue between Beacon Street and Broad Street. Zone: R -2 Applicant: Robert P. Warmington, Corona del Mar Owner: Matt Didak, Newport Beach. Planning Director Wilson stated that since the previous meeting when this application was first considered, a detailed land use study had been Page 2. COMMISSIONERS CITY OF NEWPORT BEACH 9 CALL °> Motion Second Ayes 0stain • MINUTES January 21, 1971 INDEX conducted of the R -2 area and a map prepared show- ing the exact location of single family residences and duplexes. Mr. Edward Warmington represented the applicant and stated that the parcels created by this resub- division will be equal in area to the lots surround- ing it. The Commission discussed this application at lengt , especially in regard to the zoning and the app.li -', cant was asked if he would agree to rezoning the lots facing Santa Ana Avenue to R -1. Madge Foster, the broker for the owner, was i present and stated that Mr. Didak would like,to proceed with this application with all possible haste. x After further discussion the application was X approved, subject to the following conditions: X ;x xxx X 1. That the applicant shall file a"-request to amend the zoning on the parcels fronting on Santa Ana Avenue to.,an R -1 District, such filing to be:ex- ecuted promptly. 2. That a Parcel Map be filed. 3. That the lot lines be readjusted, or that other means satisfactory to the Department of Public Works be pro - vided to permit access from all' paroels to the existing sanitary sewer located near mid - block. 4. That a garage or carport conforming to City requirements be constructed on . the northeasterly parcel of this resub- division, to serve the existing dwelling located at 415 Santa Ana Avenue.. Commissioner Adkinson returned to the dais. . Item 5. Request for approval of Final Map of Tract 7323 FINAL (Tentative Map No. 7323 approved November 19, 1970). 'PACT W0 -7323 Location: Portion of Blocks 56 and 92 of Irvine' APPROVED Page 3. COMMISSIONERS CITY OF NEWPORT BEACH w� o � rr' L CALL Motion Second All Aye 11 MINUTES lanuary 21. 1971 INDEX Subdivision, located southerly of Ford Road between MacArthur Boulevard and Jamboree Road in the "Big Canyon" Planned Community. Zone: P -C Applicant: The Irvine Company, Newport Beach Engineer: Shuirman and Simpson, Newport Beach Owner: Same as applicant. Planning Director Wilson presented this map to the Commission. Mr. Warren James represented the Irvine Company and stated that they agreed with the recommended conditions of approval. X After discussion, the Final Map of Tract 7323 was x recommended to the City Council for approval sub- ject to the fifteen conditions attached to the tentative map. Item 6. Request to permit the creation of one parcel of RESUBDI land approximately four acres in area for develop- VI�UN ment as a medical building site,.and one parcel of NU—.= land approximately 0.2 acres in area to be devoted to landscaping. APPROVE Location: Portion of Block 93 of Irvine's Subdi- vision, located at the northwest corne of San Miguel Drive and Avocado Avenue (proposed). Zone: C- O -H -UL Applicant: Causey and Rhodes, Glendale Owner: The Irvine Company, Newport Beach Planning Director Wilson explained that this site is being created to develop a sizab.le medical building. Mr. Bill Hawthorne represented Causey and Rhodes and answered questions of the Commission. The Commission expressed concern regarding the area proposed for landscaping being shown as a separate parcel. The staff suggested that a note Page 4. COMMISSIONERS CITY OF NEWPORT BEACH v w o c MINUTES A CALL . o � � " January 21, 1971 INDEX be placed on the parcel map indicating that this area is not a building site and is intended for landscaping purposes. Motion x After further discussion, the resubdivision was Second N approved subject to the following conditions: All Ayes 1, That all public improvements be con- structed as required by ordinance and the Public Works Department._ 2. That a parcel map be filed and that the parcel map be based upon a field survey. 3. That prior to the recordation of the parcel map for this resubdivision, the field sur- vey and monumentation required in connec- tion with filing the parcel map for Resub- division No. 226 be completed and the parcel map recorded. Resubdivision No. 226 is located adjacent to the northwesterly boundary of the proposed Resubdivision No. 297. 4. That the westerly half of Avocado Avenue be dedicated, and that a separate agreement be executed to guarantee the future im- provement of the westerly one -half width of Avocado Avenue. 5. That all vehicular access rights to San Miguel Drive and Avocado Avenue be dedi- cated to the City of Newport Beach, except for one location at the northerly end of the parcel on Avocado Avenue, to be used jointly with the land to the north; and for one location at the westerly end of the parcel on San Miguel, for right turns only. 6. That the Water Capital Improvement Acreage Fee be paid. 7. That all parkway trees be planted in accord- ance with the standards of the Parks, Beaches, and Recreation Department and the established inspection fee be paid. 8. That a standard agreement and surety be • provided guaranteeing construction of the improvements if it is desired to record the parcel map or to secure a Page 5. • COMMISSIONERS CITY OF NEWPORT BEACH tL 9' L CALo ° N ; January 21, 1971 MINUTES INDEX building permit prior to completion of the improvements. 9. That the remainder parcel at the southerly corner of the site be included in the map boundaries as a separate parcel. 10. The 0.1819 acre parcel described by Detail "A" at the intersection of pro - posed Avocado Avenue and San Miguel Drive shall be identified as follows on the Final Parcel Map, "Not a building site, to be reserved for landscaping ". Item 8. Request for an extension of a previously approved USE use permit which allowed "dancing and live enter- PERMIT tainment in connection with a restaurant in the N0 'fY19 C -N -H Zone ". Location: Portion of Lot 7, Tract 4225, located REQUEST FR at 1617 Westcliff Drive on the south MTENSIOI side of Westcliff Drive between Irvine Avenue and Dover Drive. DENIED Zone: C -N -H Applicant: Feliciano's Restaurant, Newport Beach Owner: C. T. Jewell (Trustee), Goleta Planning Director Wilson presented the request to the Commission and stated that since the writing of the staff report, additional information has been received which the staff has been unable to investigate and which makes it impossible at this time to recommend even a limited extention of the use permit. Therefore, it was suggested that the matter be considered at this hearing and then con- tinued to a later date for further investigation. Upon being questioned, Planning Director Wilson stated that the petitions from surrounding residents which were forwarded to the Commission had been received several months ago. It was also noted that there have been contacts between the City Attorney's office and the operators of the business. Mr. J. F. Gillen, Jr., was present and stated that he is managing the business for Sam Pomeranz, the court appointed receiver in a litigation involving Newport South Bay, Inc., doing business as Felician 's. Page 6. COMMISSIONERS 9 Fd CALL w > a CITY OF NEWPORT BEACH January 21, 1971 MINUTES INDEX Upon being questioned as to whether Mr..Pomeranz had been approved by the State Alcoholic Beverage Control Agency as operator for this liquor license Mr. Gillen replied that to his knowledge he had, but he does not have written confirmation. Mr. Gillen also answered questions regarding the status of the property as it relates to the concerns of the Orange County Health Department and investiga- tions by the Newport Beach Fire Department related to the electrical wiring and other violations on : the property. Upon being asked whether the present operators were involved in the liquor hijacking case involving the former Saddleback Inn in Laguna Beach, Mr. Gillen replied, not to his knowledge. . Mr. Warren Aranoff,.who initiated the petition and lives across the street on Westcliff Drive, as well as Mrs. Valerie Pack who manages apartments across the street, addressed the Commission in opposition. Mr..William Birch, Supervising Special Investigator • for the State of California Alcoholic Beverage Control, Santa Ana, addressed the Commission and stated he had not planned to attend the meeting but read in the newspaper that a hearing was taking place and came, in fact, to see who would be repre- senting Feliciano's. Mr. Birch stated that Mr. Gillen has not been listed with their . department as the manager and they have no correspondence from Mr. Pomeranz or the court in this regard. He state further that the business is being operated in violation of their license which is an on -sale gene al for a bonafide eating place and that they have not been operating a bonafide eating place.. It was explained that his department is conducting an investigation to determine the qualifications of Mr. Pomeranz but they have not been able to get him to come to their office on many occasions. They have talked with Mr. Steelman, his attorney, and Mr. Pomeranz still has not come in. Mr. Birch addressed the Commission at length regarding the various aspects of this operation and non- compliant with requirements and asked the Commission to stay the issuance of this permit at least until they can get Mr. Pomeranz, the receiver, to contact City of Newport Beach officials and the Alcoholic Beverage • Control in Santa Ana. Assistant City Attorney O'Neil stated they have attempted to set up meetings on at least two occas- ions and have not had any cooperation. Page 7. COMMISSIONERS 4 £ d p 0 S y RID CALL �S >� S Motion Second Al I Ayes • M•i on Second Ayes Noes Abstain CITY OF NEWPORT BEACH MINUTES January 21, 1971 INDEX x After a further discussion, the Use Permit was x denied. Assistant City Attorney O'Neil was asked as to the proper course for City officials to follow at this time and he replied that a letter would be sent from the City Attorney's office on the following day. January 22, 1971, notifying them of the refusal to extend the permits and put them on notice that continuation of the live entertainment and dancing will constitute a violation of our Code and subject the owners and persons in charge to citation and court action. Commissioner Adkinson stepped down during the discussion of the following item as his firm repre sents Imperial Savings in several matters under litigation. Item 9. MODIFICA Request to permit two wall signs, each approximate ly 400 sq.ft. in area, where the ordinance res- TI— 07- — tricts the size of signs to 200 sq.ft. NU-7f66 Location: Lots 7,.8,.9, 10, 11, 12, 13,.14 and APPROVED 15, Tract 1622, located at 3366 Via Lido, on the northerly side of Via Lid between Oporto Street and Via Malaga. Zone: C -1 -H Applicant:_ QRS'Corporation, Los Angeles Owner: Imperial Savings, Newport Beach Planning Director Wilson presented the application to the Commission. Mr. Lloyd Francis represented QRS Corporation of Los Angeles and stated they are requesting permission to replace the letters of th old sign in order to identify the new tenant. There was a discussion as to the size of the lette s which are larger than permitted under the present sign.code. Some of the Commissioners expressed concern and felt the sign should at least partiall conform with the present sign code. x After discussion, it was moved that the request x. for two walls signs be altered to permit a sign x x x x approximately 400 sq.ft: in area, as shown, on the x x Page 8. COMMISSIONERS y N y s N R41 CALL N_ 0 N � N CITY OF NEWPORT BEACH January .21, 1971 MINUTES INDEX east elevation and that the sign on the north . elevation be reduced to the legal dimension of 200 sq.ft. Commissioner Adkinson returned to the dais. The Commission discussed the feasibility of initia - ing rezoning in areas which are developed in a manner which does not conform with the existing zone classification, such as the area between Catalina Street and Santa Ana Avenue in Newport Heights which was before the Commission this even- ing, the Lido Sands Community which is zoned C -1 -H and developed R -1, and the Bay Avenue area which was discussed at the meeting on January 7, 1971. It was decided that it would be better to handle these items one at a time in the following sequence: (1) Catalina Drive Santa Ana Avenue area; (2) Bay Avenue area and (3; Lido Sands. • The staff was instructed to prepare a resolution as soon as the zone change required under Resubdi- vision No. 296 is filed; said resolution to declar the Commission's intent to reclassify from an R -2 zone to an R =1 zone property located between Santa Ana Avenue and Catalina Drive lying southerl of Broad Street and extending along West La Jolla Drive up to and including Lot 10 of Tract 444. On motion of Commissioner Adkinson, seconded by Commissioner Brown, and carried, the meeting was adjourned until February 4, 1971 at 8:00 P.M. in the City Council Chambers. Q Don R..Adkinson, Secretar Planning Commission Page 9.