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Home My WebLink About02/10/1977-4 COMMISSIONERS �cF 9< po 4F S9 SG 0o q A. ROLL CALL Present Motion Ayes Absent F- -I L U City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P. M. Date: February 10. 1977 * X X X X X X *Arrived at 7:15 P EX- OFFICIO MEMBERS R. V. Hogan, Commu Hugh Coffin, Assis Benjamin B. Nolan, STAFF MEMBERS James D. Hewicker, Shirley Harbeck, S X Minutes of the Reg X X X X X X 1977, were approve x Request to subdivi ing sites, four to and one model comp development. Location: Port Irvi sout east Plan the - Zone: P -C Applicant: Newp Owner: Same Engineer: Toup Discussion was ope matter and Communi pointed out that a ministerial act an be in conformance map. Chet Stare appeare behalf of Newport ,M. nity Development Director tant City Attorney City Engineer Assistant Director - Planning ecretary * * * ular Meeting of January 20, d as written. * ** MINUTES de 20.801 acres into ten build - ts for landscaping and parking, lex site for condominium ion of Lot 172, Block 1, ne's Subdivision, located h of Hospital Road and south- erly of Superior Avenue in the ned Community of Versailles -on- Bluffs. ort View, Inc., Newport Beach as Applicant. s Corporation, Santa Ana ned in connection with this ty Development Director Hogan ction on a final map was a d must be approved if found to with the approved tentative d before the Commission on View, Inc. and answered Page 1. INOB.X Item #1 FINAL MAP TR C—T N0. 8336 APPROVED C NDI- TTnN61 1 V COMMISSIONERS °� City of Newport Beach s �t Fehruary 10. 1877 ROLL CALL questions of the Commission relative to the proposed development. Mr. Stare also concurred with the staff report and recommendations. Planning Commission discussed possible changes 1 the design of the buildings and staff pointed of that the use permit, tract map, and settlement agreements were all tied together and, therefor( development must conform with the approved plan! Motion X There being no further discussion, motion was Ayes X X X X made that Planning Commission recommend to the Abstain X X X City Council that Final Map Tract No. 8336 be approved, subject to the following condition of approval: 1. That all applicable conditions of approval ( Tentative Map Tract No. 8336, the Settlemen, Agreement, as amended, between Donald J. Scholz and Co., et al, and the City of Newport Beach, dated January 22, 1973, and the terms of the Offer of Access Way to the City of Newport Beach dated January 12, 197: shall be fulfilled. Appeal from the decision of the Modifications Committee which denied a request which would ha permitted alterations to an existing garage and storage area with the following nonconforming features: 1.) one garage space 11 feet 2 inches by 19 feet 4 inches is provided (where the Code requires two 9 feet by 20 feet spaces); 2.) the garage encroaches to 0 feet 0 inches at one side yard (where the Code requires a 3 foot setback) and 3.) the garage encroaches to 4 feet 10 inchi at the alley (where the Code requires a 5 foot setback). Location: Lot 16, Block 543, Corona del Mar located at 514 Poinsettia Avenue, on the southeasterly side of Poin settia Avenue between Second Aven and Third Avenue in Corona del Ma Zone: R -2 Applicant: Alec J. Glasser, Corona del Mar Page 2. .,, MINUTES • \ INOB.X :o it Si • 3, Item #2 MODIFICA- +e TION NO. 2006 APPEAL DENIED as je i • COMMISSIONERS • ��py City of Newport Beach February 10, 1977 ROLL CALL Owner: Same as Applicant . Appellant: Same as Applicant Staff advised that two letters were inadvertent' attached to Item #3 which should have been attar ed to this item. Public hearing was opened in connection with th matter. Alec Glasser, 514 Poinsettia Avenue, appeared before the Commission in connection with this matter. He advised that the garage could be patched but it would not be aesthetically attra tive and that construction of a new garage or moving the existing garage would reduce the pat area and block a back door. He felt that the situation was created prior to his ownership an that alternatives other than that requested wou eliminate his back yard and cause him a great di • of extra expense. He answered questions of the Commission relative to storage, legal ramifica- tions regarding the location of the present garage across the property line, and commented in rebuttal to his neighbor's letter of opposit He also presented pictures of the property for review by the Commission. There being no others desiring to appear and.be heard, the public hearing was closed. Commissioner Seely commented on the opportunity being presented to bring the structure up to Co and advised that in viewing the garage, he felt that to make any meaningful improvements, it would be necessary to do considerable work on t foundation and walls of the garage in order to support the new roof, thereby perpetuating the existing nonconforming use. He felt that it wa the Planning Commission's obligation to bring structures into conformity whenever possible, Motion X therefore, motion was made that Planning Commis sion sustain the decision of the Modifications Committee and deny the appeal. • Commissioner Agee opposed the motion as he felt that the existing garage would remain regardles of what was allowed and therefore the applicant should be permitted to make the requested improvements. Page 3. MINUTES y :h- is io i Id ?a' Iff ie ne s s INDEX COMMISSIONERS O,y City of Newport Beach February 10, 1977 ROLL GALL Commissioner Hummel commented on the unacceptabi ity of the garage structure being located across the property line and felt that maintaining the garage as it presently existed would not be in the best interest of the orderliness of develop- ment in the area. Commissioner Balalis commented in support of Mr. Glasser's request and felt it was a better alternative than merely patching the existing garage. Ayes X X X X X Following discussion, the motion was voted on ar Noes X X carried. Request to change the operational characteristil of the existing Beachcomber Coffee Shop to inch the service of beer and wine. Location: Portion of Lot H, Tract No. 919,' located at 2633 West Coast Highway on the southerly side of West Coas Highway, westerly of Tustin Avenu( on Mariners' Mile. Zone: Applicants: Bo Bentley and Ursula Brown, Newport Beach Owner: Sam Graves, Newport Beach Public hearing was opened in connection with th- matter. Brook Bentley appeared before the Commission on behalf of the applicants and concurred with the staff report and recommendations. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make ti All Ayes following findings: 1. That the proposed use is consistent with thi Page 4. MINUTES • INDEX 1- :s ide ie Item #3 USE PERMIT NO. 1 APPROVED CON— TIONALLY COMMISSIONERS 3 City of Newport Beach February 10, 1977 ROLL CALL Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that the do not contemplate any problems. 4. The approval of Use Permit No. 1816 will not under the circumstances of this case be deti mental to the health, safety, peace, morals, comfort and general welfare of persons resit ing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1816, subject to the following conditions: • 1. That development shall be in substantial conformance with the approved plot plan and floor plan. . 2. That a minimum of one parking space for eacl 45 square feet of "net floor area" in the restaurant facility shall be maintained in the common parking lot. Request to waive a portion of the required parking spaces in conjunction with the proposed construction of a second floor warehouse additi to Gelson's Market in Harbor View Center. Location: Parcel 2 and Parcel 4 of Parcel Map 35 -1 (Resubdivision No. 284), located at 1660 San Miguel Drive, on the southeasterly side of San Miguel Drive between Pacific View Drive and San Joaquin Hills Road • in the Harbor View Center. Zone: C -O -H Applicant: Gelson's Market, Encino Page 5. MINUTES . ,y INDEX Item #4 VARIANCE NO. -1060 Dn APPROVED CONE%- - TIONALLY COMMISSIONERS 3 SO,y City of Newport Beach February 10, 1977 ROLL CALL Owner: The Irvine Company, Newport Beach Public hearing was opened in connection with thi matter. Don Cunningham appeared before the Commission on behalf of Gelson's Market to review the request and answer questions regarding the proposed addition. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make th All Ayes following findings: 1. That there are exceptional or extraordinary circumstances applying to the land, referrer to in the application, which circumstances c conditions do not apply generally to land in the same district, since the additional storage space will permit truck deliveries and shelf stocking at more convenient times with fewer employees, thus decreasing the existing parking demand of the market. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the appli- cant in that no increase in the existing sales area of the market is proposed, where additional parking spaces would normally be needed. 3. That the existing warehouse area is inadeque in size to accommodate the variety and quan- tity of grocery items needed for efficient scheduling of deliveries to the market. Unc current conditions, delivery trucks must travel to the site more often, thus creatinc more congestion in the service area adjaceni to the Bayport apartment complex. 4. That the proposed development is consistent with the General Plan, and is compatible with surrounding land uses. 5. That the granting of such application will not, under the circumstances of the particu' Page 6. MINUTES le a • INDEX. • COMMISSIONERS City of Newport Beach MINUTES February 10. 1977 POLL CALL case, materially affect adversely the healtk or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstan< of the particular case be materially detri- mental to the public welfare or injurious tc property or improvements in the neighborhooc and approve Variance No. 1060, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and sections. 2. That there shall be no increase in the exis- ing sales area in conjunction with the pro- posed development. • Request to permit the construction of a drive -ul teller facility in conjunction with the Gibralti Savings and Loan complex in Mariners Mile Squar The proposed facility will be located in the approved Mariners Mile Square offsite parking 1 Further request to permit a parking space modif cation for a portion of the required offsite parking spaces so as to allow compact spaces an parking spaces in the reservoir lane to the rea of the proposed auto - teller unit. Location: Parcel 1 of Parcel Map 73 -23 (Resubdivision No. 487) (i.e. Mariners Mile Square building sit and Parcel 2 of Parcel Map 73 -23 (Resubdivision No. 487) (i.e. offsite parking lot), located at 2600 -2740 West Coast Highway, on the northerly side of West Coast Highway, westerly of Tustin Avenu on Mariners Mile. • Zane: C -1 -H Applicant: Mariners Mile Company, Newport Beach Owner: Same as Applicant Page 7. INDEX :es Item #5 > USE PERI ar NO. 181' CONT. TO )t. MARCH 3 i- i r 2) e COMMISSIONERS o,L City of Newport Beach February 10, 1977 .FROLL CALL - Motion X Planning Commission continued this matter to the Ayes X X X X X X meeting of March 3, 1977. Absent X Request to consider amendments to Districting Maps Nos. 30, 42, 67 to reclassify the Newport Beach Golf Course, located north and south of Mesa Drive and northerly and easterly of Irvine Avenue from the "U" Unclassified District to the "OS" Open Space District; and amendments to Districting Maps Nos. 48 and 49 to reclassify th Irvine Coast Country Club and adjacent propertie located north of Coast Highway and east of Jamboree Road from the "U" Unclassified District "P -C" Planned Community District and "C-0-H" Commercial Office District to the "OS" Open Spac District; and amendments to Districting Maps Nos 32, 48, 49, 50 to reclassify various parcels located adjacent to the entry roads leading into Newport Center from the "P -C" Planned Community District and the "C -O -H" Commercial Office District to the "OS" Open Space District. Initiated by: The City of Newport Beach Community Development Director Hogan reviewed.th background in connection with this request and pointed out that when the Sea Island project too a portion of the golf course, it was the Plannin Commission's desire that an equal amount of land be reclassified as open space to make up for the loss. He advised that approximately 3.29 acres was yet to be determined as acceptable in the exchange. Public hearing was opened in connection with thi matter. Bob Vasquez appeared before the Commission on behalf of The Irvine Company in connection with this request. He questioned whether a negative declaration was necessary; if the designation of open space would have any effect on the present uses within the golf courses such as the pro sho restaurant, clubhouse, etc.; and whether a lette depicting the various parcels and consenting to Page 8. MINUTES • \ INDE.X e s e e k 9 s p r Item • 9 COMMISSIONERS City of Newport. Beach Fahraury 10. 1977 ROLL CALL the open space zoning would be sufficient in order to comply with Section 20.52.030 (d) of tl Newport Beach Municipal Code. Mr. Vasquez reviewed the various locations pro- posed for the open space zoning which included the entrances to Newport Center totaling 4.2 acres, a strip of land on the east side of Jamboree Road consisting of approximately 1 to 1.5 acres, and the Marriott tennis courts consi ing of approximately 2 acres. Planning Commission discussed the suggested parcels as to their acceptability in connection With the exchange and it was pointed out that with the possible exception of the strip of lan along Jamboree Road, this kind of exchange was not what the Commission had in mind. Mr. Vasquez responded to the discussion advisin • of his interpretation of the Code relative to open space which resulted in the parcels sugges and requested further guidelines and direction to the type of parcels which would be acceptabl A general discussion ensued relative to various parcels which could qualify in the exchange. Planning Commission also discussed open space zoning and its purpose. In answer to some of the questions raised durin the discussion, Assistant City Attorney Coffin advised that if a public action could not conce ably have a significant environmental impact, i was not under the jurisdiction of the Californi Environmental Quality Act and therefore a negat declaration was not necessary. As to the agree ment required by Section 20.52.030 (d) of the N.B.M.C., a letter specifying the property to be included and consenting to the open space zoning would be sufficient. As to the uses allowed in the open space zoning, Mr. Coffin concurred with the need to review and possibly revise the Municipal Code in order to clarify the permitted uses. Sion X Motion was made that this matter be continued t the meeting of March 3, 1977. In making the motion, Commissioner Balalis advised that he would like to see The Irvine Company offer to Page 9. MINUTES ie ;t• tel )s iv t a i v, 17 INDEX COMMISSIONERS City 'c v of R� � ( $ � Fahruary 10 Newport Beach 1977 ROLL CALL Is id Item #7 RESOLUTION NEWPORT CENTER in • 9 the City something comparable to what the City allowed by the addition of 24 to 32 units in th Sea Island project, in other words, a parcel of land which could be developed rather than parce which already fit under the open space zoning. Planning Commission concurred and advised that parcels outside the general area could also be considered. All Ayes Following discussion, the motion was voted on a carried. Resolution Establishing Development Limitations in Newport Center. Initiated by: The City of Newport Beach Discussion was opened to the public in connecti with this matter and there being no one desirin to appear and be heard, discussion was closed. Motion X Motion was made that Planning Commission recomm All Ayes to the City Council the adoption of a Resolutio Establishing Development Limitations in Newport Center as drafted. Initiative Petition to Increase Park Land Dedication Requirements. Referred by City Council. Community Development Director Hogan pointed ou a major concern regarding the proposed ordinanc in that no credit would be given for private op space, only public dedicated land could comply with the ordinance. He also pointed out that n changes could be made to the proposed ordinance and the only thing that could be done was for t City to prepare a similar ordinance which would include private open space and present it to th public. Page 10. MINUTES • \ INDEX a Is id Item #7 RESOLUTION NEWPORT CENTER in • 9 and I Item #8 PARK LAND DEDICATION REQUIRE - M � TS t an 7 ne I • COMMISSIONERS City of Newport Beach February 10. 1977 POLL CALL Motion X Following discussion, motion was made that Plan. All Ayes ning Commission recommend to the City Council: that their decision in connection with the Initiative Petition be postponed until April, 1977. There being no further business, Planning Commi: sion adjourned the meeting. Time: 8:55 P.M. WILLIAM AGEE, Secret ry Planning Commission • City of Newport Beach • Page 11. MINUTES INDEX