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HomeMy WebLinkAbout02/04/1971COMMISSIONERS V O SON 3 'n £ N S �f N L CALL } 3 Present • L CITY OF NEWPORT BEACH Adjourned Planning Commission Meeting Place: Council Chambers Time: 8:00 P.M. Date: February 4. 1971 MINUTES INDEX xxxxxxx 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 James E. Nuzum, Senior Planner Helen Herrmann On motion of Commissioner Dosh, seconded by Commis- sioner Martin, and carried, the minutes of January 7, 1971 were approved, as written. Item 1. Request for a rehearing on a previously approved USE use permit for,the purpose of amending the original P RMIT conditions of approval, specifically requesting a AO T05 five foot front yard setback instead of eight feet, and a one foot rear yard (alley) setback instead APPROVE of five feet. Location: Lot 6, Block 9, Section 1, Resubdivi- sion of Balboa Island, located at 510 South Bay Front, Balboa Island, on the northwest corner of Opal Avenue and South Bay Front. Zone: C -1 Applicant: Roger Cook, Newport Beach Owner: Same as applicant Planning Director Wilson presented -the application to the Commission.and explained that the applicant desired to revise the setback requirement established for this property at the previous meeting: A letter of opposition from Mr. Charles T. Schweitzer of 121 Opal Avenue dated February 2, 1971 was read into the record. Mr. Frank Spangler represented the applicant and answered questions of the Commission. He stated Page 1. COMMISSIONERS 9 O �L CALL 3 a l CITY OF NEWPORT BEACH February 4. 1971 MINUTES INDEX that he has discussed the question of garage access with the City Engineer and in accordance with his recommendation, would prefer to take garage access from the side street. Mr. Bob Slater of 512 So. Bay Front addressed the Commission and expressed concern that the requested 5 foot front yard setback would impair the view of the neighbors and that garage access as proposed would eliminate 4 on street parking spaces used by the public. Mr. and Mrs. Roland F. Vallely_of 508 South Bay Front,.the owners of the property immediately ad -. joining the subject property, addressed the Commis- sion and stated their home had been remodeled in 1951 following the necessary approvals from the City. It was noted that while they would like to see the subject property improved, they would prefe that an 8 foot front yard setback be maintained. Mr. Roger Cook, the applicant addressed the Commis- sion as well as Mr..Ralph Hinger, who represented Mrs. Margaret Rogers, the owner of the property who could not be present at the meeting. A question was raised as to whether it was legal for Mr. Cook to file the application and Mr. Hinger replied that he could furnish a power of attorney from the owner giving Mr. Cook this authorization. Motion x After a lengthy discussion, the application was Second x approved subject to the following conditions: Ayes x x x x x x Noes x 1. The front yard setback shall be main - tained in accordance with the plot plan. 2. A 5 foot rear yard setback shall be maintained in accordance with residen- tial requirements. 3. A power.of attorney from the property owner authorizing the applicant to apply for this use permit shall be submitted in a manner meeting the approval of the City Attorney. • Commissioner Adkinson stepped down during discussio of the following item in to order avoid a conflict of interest. Page 2. COMMISSIONERS • Oti on Second Ayes Abstain CITY OF NEWPORT BEACH MINUTES February 4. 1971 INDEX Request to permit a reduction in the number of re- quired off- street parking spaces from thirteen to four, and a seven and one -half foot second story encroachment into the required ten foot rear yard (alley) setback. Location: Lot 15, Block 14, Balboa Island, loca Item 2. VARIANCI NOS CONT'D. UNT— IC^ MUCH 4 ted at 332 Marine Avenue on the east side of Marine Avenue between Balboa . Avenue and North Bay Front: Zone: C -1 Applicant: Land Evolution Inc., Santa Ana Owner:. Same as applicant. Planning Director Wilson presented the application to the Commission. Mr. Jerry Barto, of Land Evolution, Inc., and Mr. Frank Spangler, the archi- tect, were present and answered questions of the Commission. Mr. Louis Parker.of 333 Grand Canal and Mr. Arthur Kramer of 1403 No. Bay Front both spoke in opposi- tion to a reduction in parking requirements. Mrs. LaRue, the neighbor immediately adjacent to the subject property stated she felt Mr. Barto should be allowed to build in accordance with the plans submitted. After a lengthy discussion, Chairman Jakosky closed the public hearing and Commissioner Glass moved that the application be approved subject to several conditions regarding setbacks and parking-require- ments. Commissioner Watson 'seconded the 'Motion. Prior to the Commission vote, Mr. Barto asked if he could request a continuance in order to have an opportunity to discuss this application further with the staff. Commissioner Glass moved to rescind his motion of approval which was seconded by Com- missioner Watson, and carried. Commissioner Brown moved that the public hearing be reopened, 'seconded by Commissioner Watson, and carried. x Variance No. 995 was continued until March 4, 1971 x at.the request of the applicant. x x x x x x Commissioner Adkinson returned to the dais. Page 3. COMMISSIONERS CITY OF NEWPORT BEACH • Motion Second, All Ayes • MINUTES Februar_v.4, 1971 INDEX Request to permit a "take -out" restaurant special- Item 3. USE izing in pizza and fried chicken in a C -1 District €RMIT 09 Location: Portion of Lot 21, Block 23, Newport Beach Tract, located at 2307 West APPROVE Balboa Boulevard, on the southwester) side.of West Balboa Boulevard between 23rd Street and 24th Street. Zone: C -1 Applicant: C.& F. Interprises, Inc., Costa Mesa Owner: Phil Rapp, Newport Beach Planning,Director Wilson presented the application to the Commission; Mr. Jim Price representing C.& F. Enterprises was present and stated that their business is mainly at the dinner hour and later in the evening; therefore they would not be in competition with the day use of existing parkin stalls. Mr..Price suggested that he could purchase two parking permits for his employees and two more for customers. He noted that they would not be selling alcoholic beverages and would not operate. a delivery service. Mr. Phil Rapp, owner of the property,.addressed the Commission and expressed opposition to the City's parking requirements. It was indicated that there is enough parking for normal uses but the parking taken up by the "day crowd" who contribute nothing to the City, create the problem. x After a discussion, the application was approved, x subject to the following conditions: 1. This permit shall extend for a period of time not to exceed one year. 2. That two parking spaces, acceptable to the Planning Director, be provided for customers and that an additional space for each employee on duty be provided; this requirement may be met by buying permits from the City. 3. If delivery service is established, one additional on site parking space for-each two delivery trucks be provided... Page.4. COMMISSIONERS CITY OF NEWPORT BEACH . U 9� �O W �r o .S N Q N L CALL 3 o w • Motion Second Ayes Noes E MINUTES February 4. 1.971 INDEX Request to permit a "take -out" ice cream parlor to be established in a C -1 District. Location: Lot 1, Block 21, Newport Beach Tract; located at.2108; West Ocean Front,.on the northeasterly side of West Ocean Item 4. USE PERMIT ND. Ts l l APPROVED Front between 21st Street and 22nd Street. Zone: C -1 Applicant: James Wallace, Tustin ` Owner: Phil Rapp, Newport Beach Planning Director Wilson presented the application to the Commission. Mr. James Wallace, the applicant,. addressed the Commission and stated that since this proposed ice cream parlor is located on the ocean front, the majority of the customers would be pedestrians and beach visitors, and therefore, should not create a parking problem. There was a lengthy discussion regarding employee. parking, during which.both Mr. Philip Rapp, the owner of the property and Miss Sharon White address d the Commission. The Commission expressed considerable concern re- garding the use of Municipal Parking Lots for em- ployee parking and the question of "in lieu" parkin fees was discussed. After lengthy discussion, Commissioner Brown made the following motion, re- x questing that he be quoted verbatim: "With consider X able misgivings with respect to parking policy, I x x x x move that Use Permit No. 1511 be approved, subject x x x to the following condition; namely, that the appli- cant will obtain two annual parking permits in the Municipal Lot for the use'of employees ". The staff was asked to conduct a study and reactiva e the "in lieu" parking study in. order that an ordi- nance might be prepared to provide for better ways. to handle the parking problem. Page 5. COMMISSIONERS N � L CALL � :5 • Motion Second Ayes Noes CITY OF NEWPORT BEACH MINUTES February 4. 1971 INDEX Item 5. USE Request to permit live entertainment (individual. performers and theatre groups performing melo - E�RMIT dramas) within 200 feet of a residential district. -N-0-77708 APPROVED Location: Lot 10, Block 11, Balboa Tract, located at 810 East Balboa Boulevard, on the northwest corner of East Balboa Boulevard and "A" Street. Zone: C -1 Applicant: Jonas Juska (Captain January's) Newport Beach Owner: Dr. Robert Andrews, Costa Mesa Planning Director Wilson presented the application to the Commission and read into the record a letter from the applicant setting forth the hours and types of entertainment proposed. A letter signed by 5 property owners in the vicinity requesting that this application be denied, was also read into the record. Mr. Jonas Juska, the applicant, and Miss Terry Simodi, the co -owner were present and addressed the Commission. They described the type of silent film they would show and explained that the actors in the melodramas would all be over 21 years of age and would be from colleges in the area. x After a discussion, the application was approved x for a perior of 6 months, subject to the following x x x x x x conditions: x 1. Conformance to Sections 5.28.010 through 5.28.100 of the Newport Beach Municipal Code regulating entertainment in connec- tion with establishments - serving food or beverages. 2. No amplification of live entertainment other than a spoken voice shall be permitted. 3. All other conditions of approval applicable under other use permits in effect on this property. Chairman Jakosky called a 5 minute recess prior to consideration of the following item and the Commiss on reconvened at 12:25A.M, with all members present. Page 6. COMMISSIONERS • L CITY OF NEWPORT BEACH MINUTES February 4. 1971 INDEX Item 6. Request to permit the conversion of a forty -four USE bed convalescent hospital into a thirty -five bed PERMIT rehabilitation center for alcoholic patients. NT.—T9,11 Location: Portion.of Lot 148, Tract 1218, DENIED located at 1501 East 16th.Street on the southwest corner of 16th Street and Dover Drive. Zone: A -P -H Applicant: Raleigh Hills Hospital, Inc.; Portland, Oregon Owner: Harbor Management Co., Inc., (Management A ent for Holder.of Ground Lease Planning Director Wilson presented the application to the Commission and pointed out that.the owner of the property is not actually the Harbor Manage- ment Company, Inc., but he believed the fee owner of the property is the Stanley Estate which is managed by the First Western Bank of Saota...Ana. Harbor Management.Company,,Inc.,. of Newport Beach has a management contract with a group of individ- uals who have a ground lease on the property lying south and west of the vacated right of way of 16th Street. The Stanley.Estate also owns the tripvgyla . area of land between Dover Drive, the new right -of -. way of 16th Street, and the vacated former right - of -way of 16th Street, but it is not cowered by the same ground lease. The premises under consideration in this,hedrl��{{g,, are under sublease from the.persons.repr' sented by Harbor Management. Company, Inc., to Hill aven Gold= valescent Hospital who, in turn, have suotoase tq the new group which proposes.to operate j e reabil itation for T�e.a�pl center alcoholic patients. -jca. tion was signed by the Harbor ManagemenV.Co.y Inc:, as .property manager for the persons holding the ground lease. Mr.. Richard Barnett, associated with.the.Rglel h,; Hills Hospital Groupp with headquarters irr:Portlan4,, Oregon, and a beanch.uffice`- at:3g07 Birch Strebt Newport Beach, addressed the Commission and stated that the key point' in, their'.request is a: techflical change in use from the existing nursin g. �tome to a Page 7. COMMISSIONERS N N N �L CALLN CITY OF NEWPORT BEACH February.4, 1971 MINUTES INDEX rehabilitation facility.for the treatment of alcoholism. The California State hospital licens- ing act provides that the owners of nursing homes may accept alcoholic patients, as well as mental, psychiatric and mentally retarded;: the reason they are before the Commission is that major health insurance carriers do not cover patients in nursing homes, however, they do in a licensed alcoholic hospital, so the request is for a technical change in use from a nursing home to an alcoholic hospital to enable patients to be reimbursed under their health insurance coverage. He explained their program in great detail, pointing out that the treatment is highly professional, lasting approxi- mately 15 days; and completely voluntary on the part of the patients;.that most of the patients are business and professional people, not the "skid row" type of alcoholic. Photographs of their Oregon facility were passed out to the Commission and Mr. Barnett stated they..intended to do extensiv landscaping and improvement of the property. • Mark Joseph who identified himself as .a doctor and lawyer in favor a spoke of the application, as did Mr. Keith Goodell, Administrator of the Bay View Convalescent Hospital: Mrs. Joseph Gallant of 424 St. Andrews Place addressed the Commission stating she is the Presi- dent of the Cliff Haven Community Association; however she is speaking only in her own behalf this evening. She noted that they have been working to maintain the quality of the community and that a use such as this would not be an asset: Mrs. Gallant stated further that she is the beneficiary of 5W of the trust which.holds title to this land. and she feels the role of the land owner has been significantly.understated in this presentation. As beneficiary of the trust she would believe.there would be a change in the trustee,.or lessees of the property will be made more aware of the terms of their leases. The Harbor Management Company does not speak for the property owner in granting any additional rights -of -way. They must have any architectural plans approved by the lessor and certainly any use must be approved by the lessors. She spoke to their trust officer on Tuesday after- noon and he was well aware that Harbor Management . Co., Inc., was seeking a.higher and better use for the property, but not of the proposed use before the Commission this evening.. She said she would submit that the role of.the owner in fee simple title should appear.on the application, along with Page 8. COMMISSIONERS CITY OF NEWPORT BEACH v o ° w o MINUTES dk CALL a � A February 4, 1971 INDEX that of the Harbor Management Company, Inc. In conclusion, she stated that she objected, not only as a private citizen who feels this is an improper use in Cliff Haven but as beneficiary. of 50% of the trust (her mother has the other 50 %); she objects on the grounds, that the trust has not been fully. . and properly represented in this.matter. Planning Director Wilson explained that he had con- tacted Mr. Mike Schlossman of Harbor Management Company,,Inc., and Mr. Dick Richards of the First Western Bank of Santa Ana. Harbor Management,;.Inc.,. acts as agent for 10 or more individuals who hold the ground lease and Hillhaven has sold or.assigned the remaining term of their lease to the present applicants; however, Harbor Management Company., Inc., still looks to Hillhaven for the fulfillment of the lease. It seems to be a valid .lease. This property is involved in a complicated holding situation - no one single party appears to be entitled to speak for all of the property:interests at this • time.. The applicant has furnished a detailed legal description which describes just what the lease covers and the staff was under the impression that they were accepting a valid application. Planning..Director Wilson went on to explain that Use Permit No. 271 which was applied for on October 31, 1956 and approved by the Planning Commission:on November 15, 1956 had as one of the conditions of approval "that the home would be for the care of aged persons.and not for mental or alcoholic patients ", so that while it might be possible to care for alcoholic patients under the State law, it would not be possible under the terms of the original Us.e.Permit Number 271... The Commission discussed the application at length, some of the Commissioners expressing concern re- garding the proximity of this.property.to the high school.. There was also a question as to whether or not the Commission could act on the application due to the lease question. Planning Director Wilson read into the record Section,20.46.040 of the Newport Beach Municipal Code setting forth who has the legal right to sign • an application. Page. 9. COMMISSIONERS to"101z'sa-3 N I♦ CALL a 3 N 3 CITY OF NEWPORT BEACH February 4, 1971 MINUTES INDEX Upon being questioned, Assistant City Attorney O'Neil stated he did not think the Commission should get involved in the lease question and that as far as he has been able to determine, the proper party is before the Commission this evening and the Commission can proceed with the application If the owner wants to object, he could take the necessary steps to revoke the lease. After further discussion, Commissioner Adkinson, seconded by Commissioner Watson, moved that the, application be continued until March 4, 1971. Before taking a. roll call vote, some of the Com- missioners felt the applicant had a right to a decision that evening,.so Commissioner Adkinson, seconded by Commissioner Watson, rescinded his.. motion to continue the application. Commissioner Motion x Dosh, seconded by Commissioner Martin, moved that Second x the application be approved, subject to the staff Ayes x x x recommendations. This motion failed:to carry; Noes x x x therefore the application was denied. stain x Commissioner Adkinson stepped down during discussio of the following item in order to avoid a conflict of interest. Resolution No. 725, being a Resolution of the Plann ng Commission of the City of Newport Beach which pro- poses to consider reclassification of property located west of Santa Ana Avenue and La Jolla Drive and east of Catalina Drive, between Broad Street on the north and the vicinity of Cliff Drive on the so th from the R -2 District to the R -1 District, more particularly described as Lots 1 through 12, Block 12 of Tract No. 27, MM 9 -26 and Lots l through 10 Motion x of,Tract 444, MM 19 -29, was adopted and set for Second x public hearing on February 18, 1971 at 8:00 P.M. in Ayes x x x x.x x the City Council Chambers. Abstain x Commissioner Adkinson returned to the dais. On motion of Commissioner Watson, seconded by Com- missioner Adkinson, and carried, the meeting was adjourned. Td� y� • iDon R. Adkinson, Secretary. Planning Commission Page•10.