HomeMy WebLinkAbout02/09/1978COMMISSIONERS
0�� C9 09'�o yOS'9SL;
'L
Moll. CALL
Present
Motion
Ayes
Abstain
0
•
City of Newport Beach
Regular Planning Commission Meeting
Place: City Council Chambers
Time: 7:00 P.M.
Date: February 9, 1978
X
X
X
X
X
X
X
EX- OFFICIO MEMBERS
R. V. Hogan, Commu
Hugh Coffin, Assis
Benjamin B. Nolan,
STAFF MEMBERS
James D. Hewicker.,
Beverly Wood, Envi
Shirley Harbeck, S
X
Minutes of the Reg
X
X
X
X
X
X
of. January 19, 197
X
Commissioner Haidi
from the meeting.
Request to permit
existing single fa
tion of a new entr
6 feet of the fron
requires a 10 foot
following nonconfo
encroaches to with
property line (whe
setback; (2) the d
feet of the front
requires a 10 foot
No. 420, 11/21/57)
the front property
10 foot setback),
vided (where the C
Location: Lot
Tra
Oce
s i d
Lar
Ave
Zone: R -1
A licant: Rog
nity Development Director
tant City.Attorney
City Engineer .
Assistant Director - Planning
ronmental Coordinator
ecretary
MINUTES
ular Planning Commission Meeting
8, were approved as written.
nger abstained as he was absent
additions to and remodeling of an
mily dwelling including construc-
y which will encroach to within
t. property line (where the Code
setback). The propperty has the
rming features: (1) the dwelling'
in 3 feet of the westerly side
re the Code requires a 4 foot
welling encroaches to within 6
property line (where the Code
setback (approved by Variance
(3) the garage encroaches to
line (where the Code requires a
and (4) a two -car garage is pro-
ode requires 3 parking spaces).
12 and a portion of Lot 13,
ct No. 1026, located at 3207
an Boulevard, on the southerly
e of Ocean Boulevard between
kspur Avenue and Marguerite
nue in Corona del Mar.
er McKinnon, Corona del Mar
Page 1.
INOUX
COMMISSIONERS
C. City of
oti February 9
/TOLL CALL
Motion
All Ayes
Newport Beach MINUTES
r 1
L_J
INONX
Same as Applicant
ommission continued this matter to the
February 16, 1978, at the request of
ant.
Owner:
Item #2
create two parcels of land for residen-
X
opment where one lot now exists.
Planning C
M. 557T_
Lot 54, Tract No. 1218, located at
600 15th Street, on the northeast-
DENIED
erly side of 15th Street, between
meeting of
St..James Road and Kings Place in
Cliff Haven.
R -1
the applic
William Lester and William Munce,
Newport Beach
Mr. and Mrs. Joe Forrester, Irvine
W. R. Haynes & Co., Newport Beach
Request to
ring was opened in connection with this
;ter, 219 Albert, Costa Mesa, applicant,
afore the Commission in connection with
r. and concurred with the staff report and
tial devel
Lions. In response to the correspondence
i opposition to this request, he advised
)ts meet the minimum requirements of the
)uld not set a precedent for subdividing
Location:
in the area because they could not meet
n requirements.
, 418.Signal Road, Secretary of the Cliff
inity Association, appeared before the
Zone:
ly set a precedent.
cer, 636 St. James Road, appeared before
;ion and read a petition of opposition
•
Applicants
Owners:
Engineer:
Public Hea
matter.
William Le
appeared b
this matte
recommenda
received i
that the 1,
City and w
other lots
the minimw
Bob Cooper
Haven Comm
Commission
approval mi
Arlene Parl
the Commis:
which had I
Newport Beach MINUTES
r 1
L_J
INONX
Same as Applicant
ommission continued this matter to the
February 16, 1978, at the request of
ant.
Item #2
create two parcels of land for residen-
RESUB-
opment where one lot now exists.
DIVISION
M. 557T_
Lot 54, Tract No. 1218, located at
600 15th Street, on the northeast-
DENIED
erly side of 15th Street, between
St..James Road and Kings Place in
Cliff Haven.
R -1
William Lester and William Munce,
Newport Beach
Mr. and Mrs. Joe Forrester, Irvine
W. R. Haynes & Co., Newport Beach
ring was opened in connection with this
;ter, 219 Albert, Costa Mesa, applicant,
afore the Commission in connection with
r. and concurred with the staff report and
Lions. In response to the correspondence
i opposition to this request, he advised
)ts meet the minimum requirements of the
)uld not set a precedent for subdividing
in the area because they could not meet
n requirements.
, 418.Signal Road, Secretary of the Cliff
inity Association, appeared before the
in opposition to the request because
ly set a precedent.
cer, 636 St. James Road, appeared before
;ion and read a petition of opposition
•
)een submitted to the Planning Commission.
Page 2.
COMMISSIONERS
City of
•�y' February 9
Newport Beach
1978
ROLL CALL
Donna Gallant, 424 St. Andrews Road, appeared.
before the Commission in opposition to the reque
because she felt it was contrary to the C. C. &
and the unique characteristic of the community.
Bill Burington, 618 Kings Place, appeared in fav
of the request and felt that the new development
would enhance the area. He also felt that the
community association was not representative of
all the residents in the Cliff Haven area.
Mr. Durr, 605 Kings Place, appeared before the
Commission in opposition to the request because
as an adjacent property owner, preferred the
concept of the larger lots and objected.to an
additional neighbor.
There being no others desiring, to appear and be
heard, the public hearing was closed.
Planning Commission questioned other lots in the
area which could be subdivided and compared the
R -1 lots in the area to the R -1 -B classification
Commissioner Frederickson felt that the lot was
unique in shape as well as size and, therefore,
Motion
X
motion was made that Planning Commission make th
following findings:
1. That the map meets the requirements of Title
19 of the Newport Beach Municipal Code, all
ordinances of the City, all applicable gener
or specific plans and the Planning Commissio
is satisfied with the plan of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
and approve Resubdivision No. 572, subject to th
following conditions:
1. That a parcel map be filed.
2. That all improvements be constructed as requ
by ordinance and the Public Works Department
3. That a 6 foot wide P.C.C. sidewalk be constr
•
along the 15th Street frontage adjacent to t
existing curb.
Page 3.
MINUTES
INOiX
>t
2. sl
)r I
e
al
n
e
ire
uct d
he
COMMISSIONERS
City of Newport Beach
DOLL CALL
Ayes ix IX
Noes
Motion
Ayes
Noes ix Ix
x
x x x x
x
x x x x
X
February 9, 197
MINUTES
4. That a standard subdivision agreement and the
accompanying surety be provided if it is
desired to record the parcel map before the.
required public improvements are completed.
Parcel map must be recorded prior to issuance
of building permits.
5. That any unused driveway approaches be closed
up and the curb reconstructed.
6. That separate water and sewer services be
provided to each parcel.
Commissioner Heather advised that although the
lots would meet the minimum requirements, she
could not support the motion because if subdivided .
the lots would be substantially smaller than the
adjoining lots.
Commissioner Hummel felt that if the lot was sub-
divided, the concept of property rights and
amenities of these larger lots enjoyed by the
surrounding properties would be changed, and
therefore he opposed the motion.
Following discussion, the motion was voted on and
failed.
Motion was then made that Planning Commission deny
Resubdivision No. 572 based on the following
findings:
1. That although the request for subdivision woul
meet the minimum requirements, the lots would
be substantially smaller than other parcels
adjoining the property in question.
i2. That.the concept of larger lots with their
related amenities which are presently enjoyed
by the adjacent properties and surrounding
neighborhood would be changed and affect the
property rights of others in the neighborhood.
3. That the unique characteristic of the community
with the larger sized lots should be preserved
and remain as originally developed.
4. Based on the foregoing,
cally suitable for the
development.
Page 4.
the site is not physi-
proposed density of
•
1NOtx
U
COMMISSIONERS
City of
7. February 9,
ROLL CALL
Motion
All Ayes
•
Newport Beach
1978
MINUTES
INDEX
Item #3
establish one building site and elimin- RESUB-
for lot lines where portions of three lots DVT§ "ION
so as to permit the expansion of the W.
itudio Cafe.
Portions of Lots 9, 10, and 11 of
Block 12, Balboa Tract, located at
100 Main Street on the northeasterl
corner of Main Street and East Ocea
Front on the Balboa Peninsula.
C -1
Hovik Abramian, Balboa
Dr. Harry Alexon, Los Angeles .
Valley Consultants, Inc., Huntingtor
Beach
firing was opened in connection with this
i there being no one desiring to appear
ard, the public hearing was closed.
made that Planning Commission make the.
findings:
the map meets the requirements of Title
the Newport Beach Municipal Code, all
ances of the City, all applicable general
acific plans and the Planning Commission
tisfied with the plan of subdivision.
the proposed resubdivision presents no
ams from a planning standpoint.
ve . Resubdivision No. 573 subject to the
conditions:
a parcel map be filed
all vehicular access rights to Ocean Front
leased and relinquished to the City of
rt Beach.
Page 5.
APPROVED
cuff br---
TIONALLY
Request t
ate inter
now exist
existing
Location:
Zone:
Applicant
Owner:
Engineer:
Public he
matter an
and be he
X
Motion wa
following
1. That
19 of
ordin
or sp
is sa
2. That
probl
and appro
following
1. That
2. That
be re
Newpo
Newport Beach
1978
MINUTES
INDEX
Item #3
establish one building site and elimin- RESUB-
for lot lines where portions of three lots DVT§ "ION
so as to permit the expansion of the W.
itudio Cafe.
Portions of Lots 9, 10, and 11 of
Block 12, Balboa Tract, located at
100 Main Street on the northeasterl
corner of Main Street and East Ocea
Front on the Balboa Peninsula.
C -1
Hovik Abramian, Balboa
Dr. Harry Alexon, Los Angeles .
Valley Consultants, Inc., Huntingtor
Beach
firing was opened in connection with this
i there being no one desiring to appear
ard, the public hearing was closed.
made that Planning Commission make the.
findings:
the map meets the requirements of Title
the Newport Beach Municipal Code, all
ances of the City, all applicable general
acific plans and the Planning Commission
tisfied with the plan of subdivision.
the proposed resubdivision presents no
ams from a planning standpoint.
ve . Resubdivision No. 573 subject to the
conditions:
a parcel map be filed
all vehicular access rights to Ocean Front
leased and relinquished to the City of
rt Beach.
Page 5.
APPROVED
cuff br---
TIONALLY
COMMISSIONERS
City of
Z Foh, - „ter„ o
Newport Beach
10 7R
MOLL CALL .
.
Request to amend a previously approved use permit
that permitted the establishment of a Y.M.C.A.
facility on the site. The proposed development
consists of covering an existing swimming pool w-
an air supported structure 24 feet.± in height.
Furthermore, parking lot lights not exceeding 18
feet ± in height are proposed where the original
approval permitted said fixtures not to exceed 4
feet in height.
Location: Parcel No. 1 of Parcel Map 3 -35
(Resubdivision No. 211) located at
2300 University Drive, on the nor-
MINUTES
INOIX
it
:h
It
I-
Ity
on
r
bl
1
:ed
Is
;e
•e
:in
i
Item #4
USE PERMIT
NO. 1128
ENDED
PARTIALLY
APPROVED
NC— DI—
TI NALLY.
fl
11
COMMISSIONERS
City of
Newport Beach MINUTES
• � Y O� O 7A ii
yy p February 9, 1978
POLL CALL
intrude on the adjacent properties.
There being no others desiring to appear and be
heard, the public hearing was closed.
Motion
X
Following discussion, motion was made that Plann
All Ayes
Commission remove the issue of parking lot light:
from the calendar until such time as a final plai
has been developed as to the type and location o'
the lighting fixtures, at which time the issue w'
be readvertised for public hearing; and with
respect to the pool cover, that Planning.Commiss
make the following findings:
1. That the proposed use is consistent with the
Land Use Element of the General Plan and is
compatible with surrounding land uses.
2. The project will not have any significant
environmental impact, providing that adequate
.
provisions are made to sound attenuate the
electric motor for the air supported structu
over the swimming pool from adjoining resides
tial properties.
3. The approval of Use Permit No. 1128 (Amended
will not, under the circumstances of this ca
be detrimental to the health, safety, peace,
morals, comfort and general welfare of perso
residing and working in the neighborhood or
detrimental or injurious to property or impr
ments in the neighborhood or the general wel
of the City.
and approve installation of the pool cover consi
ing of an air supported structure, subject to, th
following conditions:
1. That development shall be in substantial con
formance with the approved plot plan and
elevations.
2. That the motors for the proposed air support
structure shall be sound attenuated in such
manner as to achieve a maximum sound level o
55 dBA at the northwesterly side and rear
property lines of the site. An accoustical
•
engineer shall certify to the Department of
Community Development that the required noun
attenuation has been achieved.
Page 7.
In�i
i11
ion
•e
I
;e
is
)e
)ve
Far
>t-
>d
9
f
INCIM
COMMISSIONERS .
City of Newport Beach
February 9. 1978
POLL CALL
Request to amend a previously approved use permi
that permitted the establishment of Roger's
Gardens, a commercial nursery and related .retail
sales (including the sale of garden furniture)
complex on the site. The proposal includes the
addition of administrative and professional
offices for Roger's Gardens and others related t
nursery activities such as landscape architects
and interior decorators; the addition of commerc
sales facilities (including antiques, art items,
jewelry, housewares, fresh produce and fruit,
bakery goods, gourmet items, etc.); the establisl
ment of an indoor and outdoor "coffee garden"
restaurant facility with on -sale beer and wine;
the serving of alcoholic beverages in conjunctioi
with bona fide political, civic and charitable
events; related offstreet parking areas; changes
in height limitations to permit a new two -story
structure and a 7 foot increase in the height of
the existing gazebo; and the acceptance of an
environmental document.
Location: Parcel 1 of Parcel Map 81 -06
(Resubdivision No. 485) and a por
tion of Block 93, Irvine's Subdiv
sion, located at 2301 San Joaquin
Hills Road, on the southerly side
of San Joaquin Hills Road between
MacArthur Boulevard and the propo
extension of San Miguel Drive,
adjacent to Harbor View Hills.
Zone: R -A
Applicant: Roger's Gardens Newport Center,
Corona del Mar
Owner: The Irvine Company, Newport Beach
Staff reviewed the background of this proposal ai
brought the Commission up to date with respect t
the various meetings held with the applicant and
the homeowners associations. Staff also reviewe
the original establishment of Roger's Gardens an
subsequent amendments. It was pointed out that
many uses were requested with this proposed amen
ment and changes have been made as a result of t
various meetings. Staff requested that followin
Page 8.
MINUTES
•
nuoex
Item #5
USE PERMIT
NO. 1683
ME ff ME _D)
CONT. TO
. M RAC -CH T
I
al
I-
I
;ed
Id
i
i
i-
ie
I
•
COMMISSIONERS
City of
Newport Beach MINUTES
Fchruar�� Q 1Q7R
POLL CALL
the public hearing they be given direction as to
the kinds of uses desired by the Commission in .
order that a final plan may be drafted which wou'
be satisfactory for this location.
Commissioner Frederickson presented a letter
received from the Broadmoor Hills Community Assoi
iation, dated February 3, 1978, advising of thei
position with respect to the proposed amendment.
Public hearing was opened in connection with thi:
matter.
Jeff D'Eliscu, 4886 Paseo de Vega, Irvine, Gener
Manager of Roger's Gardens, appeared before the
Commission in connection with.this matter. He
commented on the goals of Roger's Gardens to be
unique.and strive for quality; the reputation of
Roger's Gardens as the garden spot of Orange Cou
their desire to be a good neighbor to the adjace
.
residential area; and their desire to.be economi
ally vi.able. He reviewed Draft No. 6 in detail
explained the reasons for the various.requests a
services desired.
Philip Arst, 2601 Lighthouse Lane, President of
Broadmoor Hills Community Association, appeared
before the Commission and introduced their prese
ation covering the various points of conflict.
Russ Greengard, 2814 Lighthouse Lane, presented
chart of background information and commented on
the restrictions which were originally placed on
the use permit so as to provide a compatibility
with the adjacent residential area. He also
commented on the traffic and circulation which
as presently under study and felt that any.incr
in sales would increase the traffic. In conclus
he recommended that nothing be done that would
increase the traffic and that the zoning remain
Residential - Agricultural.
arylou Furnace, 2501 Bluewater Drive, commented
the parking problems, including.that of tour bus
leaving the motors running while parked, and the
azards of safety, pollution, increased traffic
oise, and outsiders coming into the residential
.
areas ' In conclusion she opposed any increased
sage for the area but felt that the parking
hould be increased.
Page 9.
INOQ.X
Id
fl
1 ty,
It
and
1d
nt-
a
eas
ion
.on
es
COMMISSIONERS
DOLL CALL
City of Newport Beach
February 9, 1978
MINUTES
•
imbwx
Lavonne Smith, 2501 Island View Drive, commented
on the parking problems created by Roger's Gardens
and opposed any expansion of the commercial use
because of the adverse effects on the adjacent
residential properties. She. submitted and reviewe,
a survey taken of other nurseries in the Orange
County area as to their operation,.services, and
proximity to residential areas. In conclusion
she felt that the applicant did not want to merely
expand the nursery operation but wanted a tourist
oriented shopping center.
Dr. Robert Rosenburg, 2507 Saltair Circle, comment
ed on the expansion of the use and voiced concern
that the land would become de facto commercial and
subsequently be a tourist attraction located
adjacent to residential properties.
Bruce Harrington, 1931 Port Laurent Place, Presi
of Newport Hills Community Association, voiced
concern with the proposed expanded use and felt
that the request was basically a zone change:
Jack Light commented in support of the previous
speakers as well as the staff comments in connec-
tion with Draft No. 6 and opposed any commercial
expansion of Roger's Gardens.
Craig Buchanan, 1827 Port Varmouth, Secretary
Treasure of the Board of Directors of Harbor View
Hills Phase I advised they were taking the same
position as that of the Broadmoor Hills, Harbor
View - Broadmoor and Harbor View Phase II.
Brian Smith, 2501 Island View, felt there was a
failure to communicate and a misrepresentation as
to what was proposed; that the proposal was
inconsistent with good planning; that the only
issue was that of parking; and that the area was
intended for residential development and should
remain that way.
Bill Collinson, President of the Harbor View Hills
Community Association appeared in support of the
position taken by Phil Arst and his community
association.
Jim Crowley, 33 Goleta Point Drive, representing
the Board of Directors of the Spyglass Hills .
Page 10.
4
COMMISSIONERS
�o��opss2 city of
P
February 9.
Newport Beach
1978
POLL CALL
Homeowners Association commented in support of tl
other homeowners associations which had spoken.
Clark Hayes, 1106 Goldenrod, Board of Directors r
Harbor View Hills Community Association appeared
in support of Phil Arst and the Broadmoor Hills
Community Association.
Mike Nadler, 7 Whitewater Drive, Jasmine Creek,
Treasurer-of Jasmine Creek Association appeared
in support of the position taken by Phil Arst any
the Broadmoor Hills Community Association.
Phil Arst appeared before the Commission and
summarized the position of the homeowners in the
area. He commented on the discrepancies and
changes in the various proposed drafts and advise
that any expansion of Roger's Gardens beyond tha
of a commercial nursery as defined by their surw
would not be in keeping with the residential
•
nature of the neighborhood. In conclusion, he
advised of their objections to bring a tourist
attraction into a residential neighborhood and.
their loss of confidence in the entire project.
Don Adkinson, 550 Newport Center Drive, appeared
before the Commission in response to the concern
of the homeowners associations and felt that the
concerns relative to development and tour buses
could be resolved. He commented on the traffic
and circulation patterns including the moving of
the driveway, additional sales items which were
desired to be included in the operation and whit
would not be objectionable, hours of operation,
and food service including sale of beer and wine
only. He requested the opportunity to prepare a
final plan which would mitigate the concerns
expressed and meet with the homeowners in connec
therewith.
Commissioner Agee concurred with the homeowners
that the request had become a de facto zone than
and felt that the nursery could be successfully
operated under the original use permit; that thi
amendment should either be denied without prejud
or withdrawn at this time; and that the applican
should start over with a clean proposal and
•
possibly a zone change.
Page 11.
MINUTES
I f INOWX
e
Im
,y
s
i
do
;e
5
ice
t. .
COMMISSIONERS
MOLL CALL
Motion
Ayes
Noes
City of Newport Beach
February 9
MINUTES
•
\ INCKX
Don Adkinson appeared before the Commission and
advised they had originally planned to request a
General Plan Amendment and then a change of zone
but had been requested by the homeowners to follow
the use permit procedure. Staff further clarified
the reason for the present procedure which was to
consider Roger's Gardens separate from the General
Plan Amendment process.
Commissioner Hummel felt that the nursery should
remain as is, except for possibly cleaning up the
parking and access, and that the balance of the
property which is zoned residential should be
developed residential.
Commissioner Haidinger felt it would be unfortunate
to close the matter at this time since so much work
has been done and felt that the problems could be
reconciled if given another chance.
ommissioner Balalis felt that the applicant should
ome in with a plan as to what was wanted at the
resent time and not what may be wanted 5 or 10
ears from now.
r. Robert Shapiro, 2707 Bluewater Drive, commented
hat the land was zoned residential and therefore
hould be developed as residential and felt that
his request should be acted upon now rather than
ontinuing it and that it should be denied.
otion was made to close the public hearing.
ommissioner Frederickson concurred with the staff'
osition relative to Draft No. 6 of the proposed
mendment and felt that the request should be
inalized and brought back to the Commission for
eview.
Motion X Therefore, motion was made to re -open the public
earing and continue the matter to the meeting of
arch 16, 1978, for the purpose of reviewing the,
final plan based on the staff's written comments
ith respect to Draft No. 6, and reviewing the
environmental documents.
ommissioner Agee opposed the motion and felt that
he matter should be disposed of with no further
ontinuances especially in view of the position of
Page 12.
\J
•
COMMISSIONERS
City of Newport Beach MINUTES
`�. rahruary Q. 1Q7R
"OLL CALL
the residents in the area as expressed during th
public hearing. He felt that denial was the onl,
solution at this time in view of the lost confid,
and that the Planning Commission had an obligati
to listen to the community and act accordingly.
Commissioner Hummel opposed the motion as he fel
the community had stated their position to keep
area residential and, therefore, the requested
amendment should be denied and the area left as
and developed for residential use.
Commissioner Heather felt that the matter should
be continued and given another chance especially
since the applicant and homeowners were not that
far apart in their differences and also there is
a need to solve the parking situation.
"Commissioner
Cokas concurred with the continuanc
and felt that a proposal could be developed whi.c
•
would be acceptable to the community.
Ayes
X
X
X
X
Following discussion, the motion was voted on an
Noes
X
X
X
carried.
Planning Commission recessed at 10:20 P.M. and
reconvened at 10:30 P.M.
Proposed Amendment to Subdivision Code providing
for merger of previously subdivided lots.
Initiated by: The City of Newport Beach
Planning Commission discussed the effects of the
proposed ordinance on various lots within the Ci
Motion
X
following which motion was made that the Februar
All Ayes
2, 1978 draft of the proposed ordinance be forwa
ed to the City Council and recommended for adopt
Planning Commission suggested that, if possible,
examples of the effects of the ordinance be
forwarded to the City Council with the ordinance
Page 13.
�n
m
t
th
is
n
T
ty,
y
rd-
ion
INOIIX
Item #6
MERGER
URWNCE
APPROVED
COMMISSIONERS
_CO3�4'pE,e
City of Newport Beach
Fehruary q_ 1978
POLL CALL
ADDITIONAL BUSINESS:
Motion
X
Planning Commission adopted Resolution No. 1001
All Ayes
setting a public hearing for March 2, 1978, to
consider the draft of the Local Coastal Plan Work
Program.
Commissioner Cokas requested and received permis<
to be absent from the meeting of March 2, 1978.
There being no further business, Planning Commiss
adjourned the meeting. Time: 10:55 P.M.
PAU!! L. B� Seetary
j Planning Commission
City of Newport Beach
Page 14.
MINUTES
INOIX
io
io