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HomeMy WebLinkAbout01/22/1976COMMISSIONERS RO CALL m Present Absent Motion Ayes Absent lJ Motion Ayes Absent 0 CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. natc• Aanuanv 99 107r MINUTES iuncv 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 Tim Cowell, Advance Planning Administrator Shirley Harbeck, Secretary X Minutes of the Regular Meeting of January 8, 1976 X X X X X were approved, correcting the spelling of Burr X X Allegaert on Page 20. Item #1 Request to permit the construction of a single VARIANCE family dwelling in the R -1 District that exceeds N0. T5ff the height limit in the 24/28 Foot Height Limita- tion District. CONT. TO FEB. 12 Location: Lot 54, Tract No. 673, . located at 336 Hazel Drive, on the southeast- erly side -of Hazel Drive, southerly of East Coast Highway, in Corona del Mar. Zone: R -1 Applicant: Walter E. LaForce, Cypress Owner: Norman N. Tillner, Corona del Mar X Planning Commission continued this matter to the X X X X X meeting of February 12, 1976. X X Item #2 Request to amend a portion of Districting Map No. AMENDMENT 37 from the "U" District to the "P -C" District, NU. 456 and to establish a Planned Community Development CONT. TO Page 1. MANY 0— COMMISSIONERS CITY OF NEWPORT BEACH m YT % rA RJ* CALL Motion Ayes Absent 11 Nituib Ayes Absent 0 MINUTES January 22, 1976 .mftEv Plan and Development Standards for "Holiday. Harbor," and the acceptance of an environmental document. Location: Portion of Blocks 55 and 94, Irvine's Subdivision, located at 800 -900 East Coast Highway on the northerly side of East Coast High- way, westerly of Jamboree Road, adjacent to Newport Dunes. Zone: Unclassified Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant X Planning Commission continued this matter to the X X X X X. meeting of May 20, 1976, and directed the staff to X X readvertise the matter in connection therewith. Item #3 Request to subdivide 16.14± acres into 6 parcels RESUB- for commercial development in accordance with the DIVISION Planned Community Development Standards for N "Holiday Harbor." CONT. TO Location: Portion of Blocks 55 and 94, RAY 20 Irvine's Subdivision, lcoated at 800 -900 East Coast Highway, on the northerly side of.East Coast High- way, westerly of Jamboree Road, adjacent to Newport Dunes. Zone: Unclassified Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant Engineer: Simpson - Steppat, Newport Beach X Planning Commission continued this matter to the X X X X X meeting of May 20, 1976, and directed the staff to X X readvertise the matter in connection therewith. Page 2. 0 Motion Ayes Absent 0 COMMISSIONERS D N CITY OF NEWPORT BEACH January 22, 1976 MINUTES INDEX Item #4 Request to approve the Final Map of Tract No. 89,17,FINAL establishing one lot where two lots and a portion of a third lot now exist so as to permit the conversion of a 34 unit apartment building into a 34 unit residential condominium development. MAP TRACT 89TT- APPROVED Location: A portion of Lot 2 and Lots 3 and NDI- 4, Tract 3232, located at 1201 -1325 TITNAULY Bayside Drive, on the southwesterly side of Bayside Drive, easterly of the Balboa Island bridge (Mai -Kai Apartments). Zone: R -3 Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant Engineer: Raub, Bein, Frost and Associates, Newport Beach Robert Bein appeared before the Commission on behalf of The Irvine Company and concurred with the staff report and recommendation. X X X X X X Motion was made that Planning Commission recommend to the City Council that the Final Map of Tract X X No. 8917 be approved subject to the following.. condition: 1. That all conditions of approval for the Tentative Map of Tract No. 8917 shall be fulfilled. Item #5 Request to subdivide 0.8 acres for single family residential development, and the acceptance of an TENTATIVE MAP TRACT environmental document. NO. 9 32 Location: Portion of Lot 1, Tract 464, and a APPROVED portion of an abandoned street, located at 470 Westminster Avenue, C NDI- TIONALLY on the southeasterly side of West- minster Avenue between Clay Street and Broad Street in Newport Heights. Zone: R -1 Page 3. COMMISSIONERS CITY OF NEWPORT BEACH C T T D T T o ^Ore„ January 22, 1976 MINUTES INDEX Applicant: Grant Warmington Builders, Irvine Owner: John F. Vogel, Newport Beach For clarification, staff answered questions of the Commission relative to location of curb cuts and driveways for ingress and egress, possible place- ment of homes on the individual lots, necessity for the decorative wall along Broad Street, loca- tion of the two fire hydrants, and intent of Condition No. 10. Public hearing was opened in connection with this matter. Taylor Grant appeared before the Commission on behalf of Grant Warmington Builders to comment on the request. He reviewed the proposed gas collection and burning system which.would replace an open pit and advised that the property would be cleaned up by this subdivision. He requested that the Planning Commission give consideration to the elimination of Condition No. 5 which required installation of sidewalk along Broad Street since • this would be the only section of full width .. sidewalk, as well as the improbability that additional sidewalk would be constructed for some time. Also, since guest parking spaces were being provided on Lots 4 and 5, he felt that the side- walk would not be used as intended. Juan Vidal with Irvine Soils Engineering and Testing Laboratory appeared before the Commission to answer questions relative to the gas seepage . investigation and workability of the proposed collection and burning system. City Engineer Nolan commented on a similar system installed in the West Newport area and the various methods of construction available in order to make the system more effective. E. Malcolm Angell, 462 Westminster, appeared before the Commission in favor of the request and questioned whether fencing would be installed across the back of the property adjacent to his property. He was advised by the applicant that fencing would be left up to the individual buyers. • There being no others desiring to appear and be heard, the public hearing was closed. Page 4. COMMISSIONERS CITY OF NEWPORT BEACH m r = m Z = MINUTES Deal -s„ N January 22, 1976 immy Motion X Motion was made that Planning Commission accept Ayes X X X X X the negative declaration and make the following Absent X X findings: . 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed, since residential development has been eliminated from the gas seepage area on the site. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substan- tially and avoidably injure fish or wildlife • or their habitat. 6. That the design of the subdivision or the pro- posed improvements are not likely to cause serious public health problems due to the safeguards noted under finding No. 3 above. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 8. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (Commencing with Section 1300) of the Water Code. 9. That the establishment of 6 foot high decora- tive fences or walls that encroach to within 20 feet of Broad Street on Lots 4 and 5 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 the neighborhood of suc proposed use or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City and Page 5. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES 00%ift 1. N January 22, 1976 INDEX further that the proposed fence modifications are consistent with the legislative intent of Title 20 of this Code. and recommend to the City Council that the Tenta- tive Map of Tract No. 9132 be approved, subject to the following conditions: 1. That all improvements be constructed as required by ordinance and the Public Works Department. 2. That the boundary of the final map be checked by the County Surveyor before being submitted to the City for approval. 3. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived provided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department. 4. That the remaining public street improvements, including curb and gutter and sidewalk, be • completed along the Westminster Avenue frontage. 5. That sidewalk be constructed along the Broad Street frontage. 6. That water and sewer lines be extended so that each lot has an individual water'service connection and sewer lateral connection to the public systems. 7. That the construction of the public and private street improvements and the public water and sewer facilities be shown on standard improve- ment plans prepared by a licensed civil`. engineer. 8. That a new fire hydrant be installed off the existing 12" water main in Westminster Avenue in the vicinity of Lot 3. 9. That, prior to filing a final map, the gas collection system and burning device recommend- ed for construction in the report by Irvine Soils Engineering and Testing Laboratory dated • December 19, 1975, within Lot "A" and the southerly portions of Lots 4 and 5 be designed and approved for construction. Page 6. 0 9 COMMISSIONERS Ym n w P! P r T < A < Z 3 CITY OF NEWPORT BEACH January 22, 1976 MINUTES 10. That the operation and maintenance of the gas collection and disposal system is the responsibility of the owners of Lots 4 and 5; and that covenants, conditions, and restric- tions clearly set forth such obligations. The document specifying these requirements shall be prepared by the developer, and approved by the City Attorney and the Community Development Director prior to recordation of a final map. 11. That 6 foot high decorative walls or fences shall be permitted to encroach to within 20 feet of Broad Street on Lots 4 and 5. 12. That a minimum 85 foot front yard setback shall be observed along Broad Street on Lots 4 and 5, and said setback shall be reflected on Districting Map No. 25. Decorative fences and walls shall be permitted within the front yard setback as noted in Condition No. 11. Item #6 Request to permit the construction of first and VARIANCE second floor room additions on an existing single family dwelling with the following existing noncon- forming features: 1) The existing dwelling. NO. 1057 APPROVED encroaches to the rear property line (where the Ordinance now requires a 5 foot rear yard.setback when abutting a 10 foot wide alley); and 2) The existing garage has a depth of 18 feet 6 inches ± (where the Ordinance requires a depth of 20 feet, inside measurement). The proposed development CONDI- TTUMFLLY increases the nonconforming features on the site as follows: 1) The proposed room additions will create a dwelling unit that exceeds 2,000 sq.ft. of living space (where the Ordinance requires 3 on -site parking spaces); and 2) The depth of the existing carport on the Subject property will be reduced from 21 feet 6 inches to 14 feet (where the Ordinance requires a minimum garage depth of 20 feet). Location: Lot 161, Block A, East Newport,, located at 314 Buena Vista Boule- vard, on the southeasterly side of Buena Vista Boulevard between West Bay Avenue and Lindo Avenue on the Balboa Peninsula. Page 7. COMMISSIONERS CITY OF NEWPORT BEACH T gip'° Z3 DArA,, N January 22, 1976 MINUTES INDEX Zone: R -1 Applicant: Jim Warmington, Irvine Owner: Same as Applicant Planning Commission questioned whether or not this request would set a precedent and staff advised that the only similar request was in connection with a use permit at 322 Buena Vista, in which case the staff recommended a garage depth of 20 feet and the Planning Commission upheld the recommendation. Public hearing was opened in connection with this matter. Jim Warmington, applicant, appeared before the Commission in connection with this matter. He advised that the house presently had one garage and one carport, both of which were functional, and if a 3 -car carport was required, he would loose the safety factor of the enclosed garage • as well as being required to do extensive struc- tural alterations to the existing house. He advised of his willingness to eliminate the alteration to the dining room if the existing parking structure could remain. Assistant Community Development Director Hewicker advised that by eliminating the alteration to the dining room, the square footage would be reduced to a point where the variance for a third parking space would not be required, however, the modifi- cation for a substandard sized garage and carport which encroach into the rear yard setback would remain. Planning Commission discussed the proposed revision to the dining room /carport area and the alternatives available. There being no others desiring to appear and be heard, the public hearing was closed. Chairman Beckley reviewed the alternative actions which included denial; approval as revised, eliminating the dining room alteration and pro- viding two full size parking spaces as recommended by the staff; or approval as revised, eliminating the dining room alteration and allowing the existing nonconforming garage and carport to remain and encroach into the rear yard setback. Page 8. COMMISSIONERS CITY OF NEWPORT BEACH e,I♦�.. m P Z N January 22. 1976 MINUTES . !unov Based on the proposal that dining room alterations be eliminated and further modifications be made in order to provide the full sized parking spaces Motion X within the required setback area, motion was Ayes X X X X X made that Planning Commission make the following Absent X X findings: 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, since a third on -site parking space would require major renovations to the existing structure. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the appli- cant. 3. That the granting of such application subject to the conditions set forth below 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 circumstances of the particular case be materially detri- mental to the public welfare or injurious to_ property or improvements in the neighborhood. 4. 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 the neighbor- hood of such proposed use or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed room additions on the nonconforming single family dwelling are consistent with the legislative intent of Title 20 of the Municipal Code. and approve Variance No. 1057, subject to the following conditions: 1. That the existing garage encroachment shall be removed. 2. That a minimum of two fully conforming garage Page 9. COMMISSIONERS F � F < Z 1 P Z V R CALL 7 0 Motion Ayes Absent Motion ABTent CITY OF NEWPORT BEACH .MINUTES January 22, 1976 INpEY spaces shall be maintained on the site. Item #7 Re Nest to set ublic hearin for proposed General Plan Amendments or the February, 1976, General Plan Amendment Session. N LETFOR, 1. Planning Commission reviewed the request as well as the result s of the meeting with the neighborhood associations, the developer, The Irvine Company, and representatives of Pa.rks,. Beaches and Recreation. It was pointed out that the proposed General Plan Amendment could be advertised in such a manner so as to allow consideration of all the options available. Dave Neish, with The Irvine Company, appeared before the Commission to comment on the request and the policies of The Irvine Company with respect to grants made by the Irvine Foundation. X Following discussion, motion was made that a X X X X X public hearing be set for February 12, 1976, X to consider a proposed amendment to the Land Use Element, and possibly the Recreation and Open Space Element, to either.add "Administra- tive, Professional and Financial Commercial" as an alternate use, in addition to the "Recreational and Marine Commercial" designa- tion, or to change the designation to "Recrea- tional and Environmental Open Space," for the property at the southeast corner of Bayside Drive and Marine Avenue. 2. Community Development Director Hogan reviewed the airport noise level contours.contained in the Airport Environs Land Use Plan as opposed to those contours expressed in the Noise Element of the Newport Beach General Plan. He informed the Commission of the Mayor's concern that the width of protection not be reduced until such time as it is proven to be warranted. X Following discussion, motion was made that the X X X X proposed amendment to the Noise Element to X revise the airport noise level contours was unwarranted at this time. Page 10. COMMISSIONERS CITY OF NEWPORT BEACH P P Z 3 DAM P.,, January 22. 1976 MINUTES 3. Bill Langston, 18 Oak Crest Lane, appeared before the Commission and requested that their proposed General Plan Amendment also include "Administrative, Professional and Financial Commercial." Motion X Motion was made that a public hearing be set Ayes X X X X X for February 12, 1976, to consider a proposed Absent X X amendment to the Land Use Element to change th designation of a portion of the industrially - designated area of the Newport Place Planned. Community (at the intersection of Bristol Street and Spruce Avenue) to a mixture of "Administrative, Professional and Financial Commercial" and "Retail and Service Commercial." Motion X 4. Motion was made that a public hearing be set Ayes X X X X X for February 12, 1976, to consider a proposed Absent X X amendment to the Land Use Element to change the designation of a portion of the indus- trially-designated area of the Koll Center Planned Community (at the intersection of Jamboree Road and Birch Street) to a mixture of "Administrative, Professional and Financial • Commercial" and "Retail and Service Commercial 5. Community Development Director Hogan commented on the density of the "land trade remnant" as presently established by the General Plan (i.e 10 dwelling units per acre) and advised.that although the disposition of the parcel was unknown at this time, the Commission may want to consider a reduction in the density. . In discussing the parcel, Advance Planning Administrator Cowell advised that the current zoning was R -3 -B which would permit approxi- mately 30 units per acre. Dave Neish with The Irvine Company appeared before the Commission and commented that perhaps 10 dwelling units per acre was too intense, however for lack of a better indica- tion as to what was appropriate at this time, as well as the fact that public hearings would have to be held in connection with any develop ment which may take place, felt that a General. Plan Amendment was premature in connection with this parcel. • In view of the fact that several studies presently under way will provide more infor- mation at a later date, and in order to avoid Page 11. COMMISSIONERS CITY OF NEWPORT BEACH A .9ft Sul laniiary 99. 1Q79 MINUTES unnecessary hearings as to what changes should Motion X be made, motion was made that no change to the Ayes X X X X X General Plan be made at this time in connec- Absent X X tion with the "land trade remnant." Resol.ution No. 942 reflects the above actions in connection with the February 12, 1976 public hearing to amend the General Plan. ADDITIONAL BUSINESS: Chairman Beckley reviewed the discussion held at the afternoon joint study session with the Parks, Beaches and Recreation Commission relative to.the proposed plan for landscaping of the Piazza Lido and the consensus that no change be made relative to planting trees within the public right -of -way. He also pointed out that with the exception of two people who were in favor of the plan, all those who spoke were in favor.only so long as there was no cost to them. • Since there seemed to be no overwheiming` public support in connection with the plan and recogniz- ing the views of the Parks, Beaches and Recreation Commission pertaining to the budget and the set- ting of a precedent, Planning Commission recom- mended that no further encroachments be permitted into the public right -of -way area of Piazza Lido for the purpose of planting trees and landscaping. Motion X Planning Commission adopted Resolution No. 943, Ayes X X X X X setting a public hearing for Februaryy 12, 19760 Absent X X to consider the extension of Use Pertnits.1244, 1272 and 1419 on property located at 3295 Newport Boulevard on the westerly side of Newport Boule- vard, between 32nd Street and Finley Avenue, which govern the hours of operation and allow on -sale alcoholic beverages, live entertainment and dancing in conjunction with an existing restaurant known as Smokey Stover's. Page 12. COMMISSIONERS CITY OF NEWPORT BEACH m MINUTES ew A„ .lan 11a rV 99. 1 Q7F INDEX Motion X There being no further business, Planning Commis - Ayes X X X X X sion adjourned the meeting to February 12, 1976, Absent X X due to the fact that a quorum will not be. present on February 5, 1976. Time: 8:50 P.M. r JAMES ARKER, Secretary Planning Commission City of Newport Beach • Page 13.