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HomeMy WebLinkAbout01/24/1980CCIMMISSIONERS d 0 10 7C f!i M ' w m J Regular Planning Commission Meeting Place: City Council Chambers MINUTES Time: 7:30 P.M. Date: January 24, 1980 City of Newport Beach ROLL CALL INDEX Present x XY x x Absent * 'GAFF MEMBERS lames Hewicker, Planning Director obert Burnham, Assistant City Attojrney on Webb, Assistant City Engineer lenna Gipe, Secretary * * * inutes. Written By: Glenna Gipe * * * pproval of the minutes of the regular Planning ommission meeting of January 10, 1980 was post - oned to the regular Planning Commission meeting f February 7, 1980 * * * on x lotion was made to continue Item No. 2, Use Permit A3Ws x x x x x x1o. 1924, to the regular Planning Commission meet - Absent ing of February 7, 1980, pending receipt and evalu tion of a site plan which would illustrate how he planning on the three sites is to be coordina- ted. * * * equest to accept an offsite parking and reciproca 'Item #1 ccess agreement for required parking spaces in onjunction with a proposed conversion of an exist OFFSITE ng machine shop to retail space in an existing AARKING tructure on Mariners' Mile. AGREEMENT OCATION: A portion of Tract No. 919, located APPROVED at 2902 West Coast Highway, on the CONDI- northerly side of West Coast High- TIONALLY way, westerly of Riverside Avenue on Mariners' Mile. E: SP -5 PPLICANTS: David R. Bryant and John P. Hooten, Newport Beach WNERS: John P. and Janet D: Hooten, Newpor Beach -1- COMMISSIONERS ocgoowg°a (pp w 7 -. full JC 4i 3 MINUTES January 24, 1980 of Newport Beach James Hewicker, Planning. Director,;advised that . any action that the Planning Commission would take on this item would be in the form of a recom• mendation to the City Council. The Public Hearing was opened regarding this,item and David Bryant, Applicant, appeared before the Planning Commission to state his concurrence with the conditions as set forth in the Staff Report. In response to a question posed by.Commissioner McLaughlin, Mr. Bryant replied that the rear third of the shop will be.converted to retail use. Motion Y Motion was made that the Planning Commission make Ayes x x Yx the findings as indicated in Exhibit "A" of the Absent * Staff Report and approve the Offsite Parking Agree meat, subject to the conditions as indicated in Exhibit "A" of the Staff Report. Request to permit the temporary use of a modular building for a California Savings end Loan branch facility in the P =C District. LOCATION: A portion of Block 93, Irvine's Subdivision, located at 2370.East Coast Highway, on the northerly side of East Coast Highway, west- erly of MacArthur Boulevard. ZONE: P -C APPLICANT: California Federal Savings and Loan, Los Angeles OWNER: The Irvine Company,.Newport Beach Motion x Motion was made that the Planning Commission con - Ayes x x x XK tinue this item to the regular Planning Commission Absent * meeting of February 7, 1980, pending receipt and evaluation of a site plan which would illustrate how.the planning on the three sites is to be co- o rdinated.. * * * -2- INDEX Item #2 USE PER- MIT NO. 1924 CONTIN- UED TO FEBRUTRY 7, 1980 COMMISSIONERS MINUTES January 24, 1980 W I City of Newport Beach ROLL CALL INDEX Request to permit alterations and second floor Item #3 room additions to an ex.isting single family dwel- Ting. The proposed development does not provide VARIANCE the open space in the first 12' behind the requir- NO. 1072 ed front.yard setback as required by Code.. A mo- dification to the Zoning Code is also requested,. 'APPROVED since the existing chimney encroaches to within C D - 12" of aside property line (where the Ordinance TIONTLLY requires that chimneys must be at least 2' from any.side property line). LOCATION: Lot 31, Block E, Tract No. 518, located at 2133 East Ocean Boule vard, on the southerly side of Eas- Ocean Boulevard, between M Street and Channel Road in Peninsula Point. ZONE: R -1 • APPLICANT: Jim Bice, Ontario OWNER: Cheryl Karnes, Ontario James Hewicker, Planning Director, advised that this is a variance to waive the requirement for the required open space option. He added that the requirement regarding location of the open space djffers, depending on the zoning of the property, brut that the cubic volumes remains.constant. Commissioner Allen posed a question regarding con- sistency, to which Mr. Hewicker replied that on a corner lot of an R -1, R -3 or R -4 District, the . open space is required to be provided either in the front 12' behind the front yard setback or in the 12' adjacent to the required exterior side yard. Commissioner Allen then stated her understanding that th.e intent of the Ordinance was to provide visual open space from some public space. Mr. Hewicker replied that this was.one of a number of reasons, and was also designed to provide relie • for the occupants of the structure, such as open decks or recreation areas and also to cut down on the size and bulk of the buildings4' -3- MINUTES January 24, 1980 �C5.0WF City of Newport Beach Commissioner Beek requested an explanation regard i.ng the calculation of the open space which is supplied. The Public Hearing was opened regarding this item and George Wiseman, Architect representing the Applicant, appeared before the Planning Commissio and replied that the open space requirement is calculated by the buildable width of the lot, by the height limitation and by the dimension of 6' minimum in depth. He explained that their exist- ing setback of 12' would normally disallow any compliance for the open space requirement, but in proposing a second floor to an existing one -story dwelling, they have provided an open deck on the second floor, which provided the volume added to the volume calculated by the 2' o.f depth, in ad- dition to.the required setback, buildable width and the height limit. • Commissioner Beek stated his understanding that staff feels that the applicant is not allowed to count in the open space calculation the 2' of additional setback across the front of the house, to which Mr. Hewicker agreed. In response to a question posed by Commissioner Balalis, the applicant replied that they are ad- ding 720 sq. ft. 0 In response to a question posed by.Commissioner Beek, Mr. H.ewicker replied that the 2' setback which they are prohibited from using is 24' in height, because they are allowed to build the structure to an average height of 24', so that th space that they are actually providing in that front 2' is.a depth of 2', a width equal to.the buildable width of the lot, times the basic heigh limit, which is 24'. He added that even though they are building the dwelling lower, they are allowed to calculate to the 24' height limit. In response to a question posed by'Commissioner: Beek, Mr. Hewicker replied that the eaves are not included in the calculation. -4- INDEX MINUTES w January 24, 1980 3 I I � " 11 City of Newport Beach ROLL CALL INDEX Mr. Wiseman commented that since they were allowec to reduce the total area by the area incorporated into.the exterior walls themselves, it brought them to a figure less than th.e 2,000 sq. ft., which made it possible for there to !delete the thir parking space, which is no longer needed, throwinc the patio into an open space. He asked of the Planning Commission that by means of a liberal in- terpretation, they could also include the amount that the structure sets back behind the required setback in the total calculation. In response to a question posed by!Commissioner Balalis, Mr. Hewicker replied that the total figure to be counted would be 2,916 sq. ft., or 1,540 sq. ft. in excess of the required square footage, in addition to the additional area of 500 sq. ft. on the back of the lot. • In response to a question posed by Commissioner Allen, Commissioner Balalis replied that the in- clusion of the entire depth and height of the structure of 6 feet would add 2,999 cubic feet to the open space that exists on Ocean Boulevard, not including the interior patio. In response to a question posed by Commissioner Beek, Mr. Hewicker replied that none of the first three suggested open space amendments included in the Staff Report applied to this particular application. Commissioner Beek stated his preference to ruling out the use of the interior patio in the total calculation. He expressed his feeling that this application has the necessary openspace. :Pat Icenhover, property owner across the street from the proposed application, appeared before ;the Planning Commission and expressed her feeling .that the Planning Commission's.purpose in creating the rule was to make it more desirable, and that :they saw no reason to change it. She also express e'd her feeling that the width of the walls should also be included in the total calculation of the • ;open space. -5- MINUTES January 24, 1980 �0 w n o N City of Newport Beach ROLL CALL INDEX In response to a question posed byCommissioner McLaughlin, Mr. Hewicker responded that the ap- plicant has made contact with the association and. the City staff sent notices to'the associa- tion, but that there has been no written communi- cation from the association. Mr. Icenhover added that one of the members of the association made a motion not to object if the neighbors do not object. Commissioner Beek stated his understanding that the problem was inherent in the interpretation of the .rules. Cliff Moffatt, property owner adjacent to the. property, appeared before the Planning Comnission and expressed his feeling that he is not in favor of the chimney being extended to a 24' height to with.in 1' of the property line. • Commissioner Balalis suggested that a.different type of material be used and that the chimney be cut in.. Mr. Hewicker commented that the exist= ing.chimney encroaches to within afoot of the side property line, where the Ordinance would require that the chimney be set back at least 2' from the side property line. In response to a question posed by Commissioner Allen, Mr. Hewicker replied that the chimney is an existing one and the only change is that there will be a second story built and the chimney will be built higher. In response to a question posed by!Commissioner Balalis, Mr. Wiseman replied that an additional 7' will be added to the chimney. I,n response to a question posed by:Commissioner Haidinger, Mr. Hewicker replied.that the total o.lpen space requirement is 4,176 cubic feet. Commissioner Thomas expressed his agreement with Commissioner Beek's interpretation of the term "open space ", requiring that the subject chimney • 1 1 1 1 1 1 1 1 rebuilt and moved in. 10 COMMISSIONERS K 0x w j 0 ca 0 CD 7 =i 0 X Uj January 24, 1980 of Newport Beach MINUTES ROLL CALL I 11 I Jill I INDEX Commissioner Beek commented that the 24' width times the 24' height times the 2' thickness would bring a total calculation of 1,152jcu. ft. Commissioner Balalis suggested giving the appli- cant the 2' that is set back from the front yard setback, use in the calculation the cubic.feet above the roofline in addition to that, and the amount of cubic feet remaining to make the open space option must be provided in that patio shown in front. Motion Y Motion was made that the Planning Commission make the findings as indicated in Exhibit "B° of the Staff Report and approve Variance No. 1072, sub - ject to the conditions as includediin Exhibit'''18" of the Staff Report, approving the-,open space option to a total of the requirement of 4,176 cubic feet, but utilizing the open space (open deck) provided in the front of the building, in- • 'cluding in the calculations the 2' setback in the front and the space above the roof up to a maximum of the height of the building (24'), using the calculations based on a 4' X 12' roof and not allowing any other open space in the interior of the building or in the alley. in response to a question posed by; Commissioner McLaughlin, Mr. Wiseman again appeared before the Planning Commission and replied that this change to the chimney could be accomplished, and would require that the second floor fireplace would be moved.in to within the liveable space upstairs and would reduce the total liveable area which could be used elsewhere, and which would be a pos- sible compromise. Mr. Moffatt again appeared before the Planning Commission and restated his feeling that there should be no violations of the se Nack requirement allowed. Mr. Hewicker commented that by definition in the Zoning Ordinance, the side yard extends from the rear yard down the side to the front property • line and the front yard is the yard that exists between the two side yards. -7- COMMISSIONERS MINUTES January 24, 1980 �ro=i 3 ? City of Newport Beach ROLL CALL INDEX Ayes K x x Yx Motion was then voted on, which MOTION CARRIED. Absent Motion x Motion was then made that the fireplace be allowed Ayes x to encroach only 1' into the side yard and be mo- Noes x Nx, dified to be 2' away from the property line. Absent Motion Motion was then made that any extension of the Ayes x N x Yx chimney-above the present height should meet the Noes x code of not exceeding 1' into the side yard. Absent * * * Proposed Amendments to Planning Commission Rules Item #4 of Procedure As They Make Reference to the Com- munity Development Director and As'They Pertain PROPOSED to the Participation of Individual Members in AMEND - Appeals to the City Council. MENTS TO PL NNING INITIATED BY: The City of Newport�Beach COMMIS- SION • RULES OF Commissioner McLaughlin suggested postponing this PROCEDURE items stating her feeling that as it is written it is indefensible. APPROVED Commissioner.Balalis suggested that if they are going to change Rule No. 10, that it be stated that a Planning Commission member going before the City Council or any other agency so state im- mediately.that they do not speak for the Plan- ning Commission, but that they speak as i.ndivi- duals. Commissioner Haidinger stated his understanding that people feel constrained by Rule No. 10 and feel that it is unfair, in which case, he felt that Rule No. 10 should be deleted. Commissioner Balalis stated his understanding that the reason for originally adopting this rule was that members of the City Council were asking that an individual Planning Commission member speak for the entire Planning Commission., Cbmmi.ssioner Beek stated.that he has had. no per- • sronal experience with a "member of the Planning Comm- ission being requested to spear for the entire Planning Commission. COMMISSIONERS K �m C x UOO m D � d 7 � to F fn 7 January.24, 1980 Of Beach MINUTES ROLL CALL I I I I Jill I INDEX Motion Ayes Absent Motion Ayes Absent 0 n �J xI Motion.was made to approve the proposed amendment to the Planning Commission Rules of Procedure, in cluding the deletion of Rule No. 10. ADDITIONAL BUSINESS: 1) Public Hearing on Modification No. 2496 was set for the regular Planning Commission meeting on February 21, 1980. 2) It was decided that the Planning Commission recommend to the Traffic Affairs Committee that they review the traffic in the Corona Highlands Cedar Grove area. 3) Motion was made that the Planning Commission x Yx reco.mmend to the City Council that bonds be re- ?aired pursuant to Chapter.70 of the Building Code Excavation and Grading) to assure that the work currently underway on the Sea Island Project and the Ford Road /MacArthur Boulevard road widening and intersection improvement project will be cor- rected if not completed,in accordance with the ap- proved plans and specifications. 4) Commissioner McLaughlin inquired where the pending Specific Area Plan stands relative to the Corona del Mar modification, requesting that it be activated. James Hewicker, Planning Director, responded that the Specific Area Plan for-Corona del Mar is one of the projects that is yet to be.done by the Ad- vance.Planning Division and that there has been no work done on it to date, because of the other . )rojects and priorities assigned to the Depart - ment.:and to the Division by the Planning Commis- sion and the City Council. He added that at the current time a majority of the staff effort in the Advance Planning Division is being devoted to the preparation of the Local Coastal Plan, which will be an ongoing project for the remainder.of this year.. He stated that staff work had been started on the Specific Area Plan for Cannery Vil- lage and was put on the "back burnr ", pending SO COMMISSIONERS 9 n = E a COa T January 24, 1980 Citv of Newport Beach MINUTES ROLL CALL X 1 1 1 1 1 1 1 I INDEX 0 0 the-completion of the Local Coastal Plan, because it was felt.that those.two projects would ultimat Ty dovetail. He concluded by stating that Ad- vance Planning 0ivision still has an ongoing pro - ject of the County Annexation, has recently com- pleted General Plan Amendment 79 -1, is beginning General Plan Amendment 80 -1 and that there is re- maini.ng.work to be done on.General Plan Amendment 79 -2. He added that they are in need of working on a revision to the Housing Element of the Gen - eral.Plan.and if the Planning Commission wishes the staff to devote some priority work to develop ing a Specific Area Plan for Corona del Mar, then the.staff should be instructed to do so, and should be given suggestions as to what other pro - jects should be postponed. Commissioner McLaughlin suggested that the Plan - ning Commission instruct staff to look into a Specific Area Plan for Corona del Mar, expressing her feeling that the character of the community is changing very rapidly and if they wait for it to come up in.turn without.prioriti.aing it, there won't be any community left to work on, as the character is changing rapidly into office build- ings; in.addition, she stated her understanding. that they are losing not only Whitman's Garage, which.is a community= oriented automobile repair shop, but also one of the two grocery stores and other community - oriented services. Commissioner Balalis inquired whether Commission- er McLaughlin's intent was to limit the Specific Area Plan, expressing his feeling that one of the problems of Specific Area Plans in.the. past was that they start out with a small area and things are added, so that pretty soon that Specific Area Plan takes a section of the City that requires a lot of work. He expressed his feeling that this is why they have only completed two specific area plans in the City, both of which are for very smal segments. He suggested as an example taking Cor- ona del Mar from perhaps the MacArthur Boulevard intersection to another intersection and limit it to the commercial segment of Pacific Coast. Highway; then they may be able to accomplish this within. their tenure on the Planning Commission, but adding more would require a lifetime. -10- C MISSIONERS1 MINUTES = January 24, 1980 � r m 0 5 %0 D 0 N n , In WWI City of Newport Beach ROLL CALL I I I I I INDEX Commissioner McLaughlin expressed her concern tha they limit it to those aforementioned areas. Mr. Hewicker commented that the boundaries of the specific area plans are delineated'on the General Plan and if the Planning Commission wanted to change the boundaries, it would have to be an amendment to the General Plan. Commissioner Beek stated his understanding that the Specific Area Plan is just a strip down Pacific Coast Highway. Mr. Hewicker replied that it was at one time, but that it was expanded to include a sufficient amount of residential area to provide for planned interface between the commercial development on the .highway and the residential that backs up to ilt, so that it takes in a substantial area. He • added that he has a copy of the boundary which he could provide for the Planning Commission. Commissioner Balalis expressed his feeling that the problem they face when they expand is not only the planning process, but the traffic generation, one =way streets and other aspects of it that r.eall take time and that the concern is really to main- tain the commercial make -up of .the community of Corona del Mar (which is adjacent to the highway). He concluded that if this is Commissioner McLaughlin's intent, then the Planning Commission should set up General Plan Amendment 80 -2 to do so, in the meantime instructing staff to limit their action to that. In response to a question posed by Commissioner Balalis, Mr. Hewicker replied that Cannery Vil- lage is now the only Specific Area;Plan on which they have been working that is in a stage of havi some documentation, and that they have not com- menced work on the Corona del Mar Specific Area Plan. Commissioner Balalis expressed his feeling that. • as in the Cannery Village Specific Area Plan, the -11- 5 n W w 7 N JC Ul January 24, 1980 Beach MINUTES ROLLCALLI 111 1111 1 INDEX McFadden Square was suggested to be added to it and was again expanded to include a parking struc ture study so that 3 volumes of 2" each later there has been nothing accomplished in that par- ticular Specific Area Plan. Commissioner Beek suggested that they require a floor area ratio of k in that particular Specific Area Plan until a Specific Area Plan is adopted as they are at present requiring and suggested that they could equally adopt a policy of no more offi.ce.bui'ldings in that Specific Area Plan, or a moratorium on office buildings. Commissioner Balalis expressed his feeling that h had a problem with policies, of doing one thing because they don't want to do another, and that they are going.to do a Specific Area Plan for Corona del Mar and why not do.one. . Commissioner Beek responded with his feeling that it takes a lot of time and involves a great deal of work and the end result would probably be to prohibit office uses. Commissioner Thomas suggested asking the Corona del Mar.Civic Association and various realtors within Corona del Mar. 0 Commissioner McLaughlin expressed her feeling tha the Planning Commission should get the aforemen- tioned persons' input, but that the Planning Commission should not allow them to decide whethe or not they need a Specific Area Plan. Commissioner.Balalis expressed his feeling that the question was whether to maintain the Specific Area Plan as it i.s today, which encompasses a particular area, to which Commissioner Beek respo ded with his feeling that the actual boundaries are not very important, because they would not be doing anything with the residential districts, but that the part along Pacific Coast Highway was the significant area, which area.was already in- cluded. -12- COMMISSIONERS w U 5 0 CU D 1] 0 MINUTES January 24, 1980 of Newport Beach Commissioner Balalis suggested asking the Civic . Association to comment on that particular area. Commissioner Thomas expressed his feeling that t present issue was whether or not to make it an immediate project, as there is an impetus for it now, but that it should be discussed with people living in Corona del Mar. Commissioner Beek suggested discussing this with the local businessmen and with the Chamber of Commerce. Commissioner Balalis suggested setting it up as a.Study,Session item to discuss the Corona del Mar Specific Area Plan and ask theibusiness com- munity, the press and the Civic Association to come at that time and discuss it. Commissioner Allen stated her understanding that Commissioner McLaughlin had received input from the Corona del Mar Chamber of Commerce and of the Corona del Mar Civic Association requesting spec- ifically that the Planning Commission initiate this. She then stated her preference that before they re- prioritize, that the aforementioned peopl have an opportunity to give the Planning Commis- sion some. preliminary input and continue it to February 21, 1980', at .which time the Planning Commission will have received the report from the Corona del Mar Development Standards Commit- tee, which will dovetail with thisitem. Commissioner Balalis expressed his feeling that the Specific Area Plan and the Development Stan- dards are two different subjects. Commissioner Allen expressed her feeling that she saw no emergency with this at the present time. Commissioner Balalis stated that there have been several projects for Corona del Ma•.r come before the Planning Commission in the.las�t year, but that it might not be as much a priority as some -13- INDEX MINUTES K w January 24, 1980 �w��� 3yn City of Newport Beach CD N 7 ROLL CALL I 11 I J i l l > I INDEX • IIIIIIII of the other projects. He expressed his feeling that the Planning Commission should wait until February 21, 1980 to learn how people really feel There being no further business, the Planning Commission adjourned at 10:10 P.M. b 6 Lary Debra Allen, Secretary Planning Commission City of Newport Beach -14-