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HomeMy WebLinkAbout02/12/1976COMMISSIONERS D 4L CALL Present Absent Motion Ayes Absent Leion s Abstain Absent 0 CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. Date: February 12, 1976 MINUTES. urnEr 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 15, 1976 X X X X X X were approved as written. X X Minutes of the Regular Meeting of January 22, 1976 X X X X X were approved as written. Commissioner Parker X abstained as he was absent from the meeting.. X Item #1 Request to create two parcels of land for residen- RESUB- tial development where one parcel now exists. DIVfSION NO. 507 Location: Parcel No. 1 of Parcel Map 71 -6 (Resubdivision No. 489) located at APPROVED 220 and 222 Goldenrod Avenue, on CONDI- the easterly corner of Goldenrod DALLY Avenue and Bayview Avenue in Corona del Mar. Zone: R -1 Applicant: Don N. Vieira, Santa Ana Owner: Charles R. Hoose, Irvine Engineer: Southwest Engineering, Orange Public hearing was opened in connection with this matter. Page 1. COMMISSIONERS CITY OF NEWPORT BEACH 9(,1 '^ m ➢ m R, � A r r m < A A < Z qTi QeSre„ N February 12. 1976 MINUTES IMUCA Don Vieira, 22 Cedar Tree Lane, Irvine, appeared before the Commission 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 the Ayes X X X X X X following findings: Absent X 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. 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 proposed improvements are not likely to cause serious public health problems. 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 requested exception is necessitated by the fact that existing lot width and lot area requirements were adopted subsequent to • the original subdivision of the area and that almost all of the building sites in the area do not conform to current standards. Page 2. COMMISSIONERS T^ D1 P r p m CITY OF NEWPORT BEACH February 12, 1976 MINUTES INDEX 10. That if the exception were denied the petitioner would be deprived of a substantial property right enjoyed by others in the area. 11. That the granting of this exception is com- patible with the objectives of the regulation governing light, air and the public health, safety, convenience, and general welfare. 12. That the proposed resubdivision is in con- formance with the General Plan, and the proposed development is compatible with the objectives, policies, general land uses and programs specified in said plan. and approve Resubdivision No. 507, subject to the following conditions: 1. That a parcel map be filed. 2. That each parcel be served by individual water and sewer connections. Item #2 Request to permit the construction of a single VARIANCE family dwelling in the R -1 District that exceeds NO. 1052 the height limit in the 24/28 Foot Height Limita- tion District. DENIED 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 Public hearing was opened in connection with this matter. Walter LaForce, 9204 Fleetwood, Cypress,.appeared before the Commission to advise that a second set of plans had been submitted which would conform to the height limit, however, it consisted of three levels which was not to their liking and, therefore, requested that the original plans and Page 3. COMMISSIONERS Y� T} ROLIkALL CITY OF NEWPORT BEACH February 12, 1976 MINUTES. INDEX variance request be approved. There being no others desiring to appear and be heard, the public hearing was closed. A profile overlay of the two structures was reviewed and discussed. Based on the fact that it was possible for the house to conform to the height limit by following the natural topography of the land and that owner preference did not constitute an exception for Motion X granting the variance, motion was made to deny Variance No. 1052. Commissioner Agee commented on the request and felt that the variance should be granted since there were other homes in the area which appeared to be of similar height and construction and did not feel that a three story house was desirable as indicated by the applicant. The grounds for granting a variance were reviewed • as well as the objections expressed at the previous public hearing relative to loss of view should the variance to exceed the height limit be granted. Motion X In order to obtain further testimony, motion was Ayes X X X X X X made to re -open the public hearing. Absent X Norman Tillner appeared before the Commission and presented a photograph of a structure located on Lot 52 which he felt was typical of construction in the area. The public hearing was again closed. Commissioner Agee reiterated his opposition to the motion. Commissioner Williams commented on the problems related to hillside construction and the opportun- ity to put into effect some of the concerns which have been reflected in the past relative to requiring structures to conform to the slope of the land. AyO X X X X X Following discussion, the motion to deny Variance Noes X No. 1052 was voted on and carried. Absent X Page 4. • Motion Ayes Absent �J COMMISSIONERS T r , T Z 33 < A P Z � N i CITY OF NEWPORT BEACH February 12, 1976 MINUTES wncv Item #3 7 7 Request to permit the construction of a single VARIANCE family dwelling that exceeds the height limit in NO. 1055 the 24/28 Foot Height Limitation District, and the acceptance of an environmental document. The proposed development encroaches to the front APPROVED C NDI- property line along Ocean Boulevard (where the T— TONALLY Districting Map indicates a 10 foot front yard setback). Location: Parcel B of Parcel Map 4545 -197 (Resubdivision No. 79), located at 2711 Ocean Boulevard, on the westerly side of Ocean Boulevard between Fernleaf Avenue and Golden- rod Avenue in Corona del Mar. Zone: R -1 Applicant: H. L. and Nancy L. Caldwell, Newport Beach Owner: Same as Applicant Public hearing was opened in connection with this matter. Jack (H. L.) Caldwell, 320 Morning Star Lane, Newport Beach, applicant, appeared before the Commission and concurred with the staff report and recommendations. He also commented on the withdrawal of objections by Mr. Cox and presented a letter in support of the variance from Mr, and Mrs. McKee of 2709 Cove Street. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that Planning Commission make the X X X X X X following findings: X 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, because of the steep topography of the site. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the appli- Page 5. COMMISSIONERS CITY OF NEWPORT BEACH February 12, 1976 MINUTES cant, since the steep terrain of the site precludes the construction of a single family dwelling within the required 24 foot height - limit. 3. That the highest point of the roof of the proposed structure will be 3 feet below the existing curbline along Ocean Boulevard and therefore 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 detrimental to the public welfare or injurious to property or improve- ments in the neighborhood. 4. That the building encroachment to the front property line is similar to other encroach- ments that have been approved by the Planning Commission and the Modifications Committee on adjoining residential sites because of the • steepness of the terrain. 5. That the proposed development reduces the degree of view obstruction more than if the structure maintained the required 10 foot front yard setback and therefore will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residin or working in the neighborhood of such pro- posed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. and approve Variance No. 1055, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. That the underside of the proposed structure shall be screened with building materials. approved by the Director of Community Develop- ment or with trees and shrubs to be approved by the Director of Parks, Beaches and Recrea- tion. Page 6. 0 0 COMMISSIONERS a P p Z N 1 CITY OF NEWPORT BEACH February 12, 1976 MINUTES INDEX 3. That the individual water and sewer connec- tions necessary to serve this development be constructed in a manner approved by the Public Works Department. 4. That the proposed landscaping and pedestrian walkway in the 50 foot wide City parkway adjacent to Ocean Boulevard shall be approved by the Director of Parks, Beaches and Recrea- tion prior to Council approval of the subject encroachments. 5. That the recommendations contained in the Soils Report of Kenneth G. Osborne & Associate dated January 26, 1976 and the Geologic Report of Ken Osborne & Associates dated January 21, 1976 shall be implemented in conjunction with the proposed development on the site. Item #4 Request to amend a previously approved tentative TENTATIVE tract map so as to permit minor modifications on MAP CT NO. 7967 the private street system and to permit a reduc- tion of the residential units from the approved M DED number of 346 dwelling units to approximately 324 dwelling units. APPROVED C DI- Loc'ation: Portion of Blocks 93 and 96, TIONALLY Irvine's Subdivision, located southwesterly of San Joaquin Hills Road and easterly of Crown Drive North in the Planned Community of Jasmine Creek. Zone: P -C Applicant: M. J. Brock & Sons, Inc., Los Angeles Owner: The Irvine Company, Newport Beach Engineer: Ervin Engineering, Los Angeles Commissioner Parker advised that he had performed some work for the applicant over a year ago and in checking with the City Attorney was assured there would be no conflict provided payment was made more than a year ago. Since payment was made in November, 1974, Commissioner Parker felt there was no conflict of interest and therefore did not Page 7. COMMISSIONERS CITY OF NEWPORT BEACH A' n ?, F r p r T L p Qeisu February 12, 1976 MINUTES INDEX disqualify himself from deliberation. Assistant Community Development Director Hewicker reviewed the comparison chart in connection with the ridge lines and advised that the structures would be constructed either at or below the maxi- mum ridge lines originally established. He also advised that the primary difference in the revised map was the deletion of approximately 22 units, a change in configuration of dwelling groups to eliminate those with four units, and a readjustment in one of the streets. Mr. Hewicker reviewed the original and revised maps with the Commission indicating the changes which have been made. Community Development Director Hogan advised that the applicant had met with the homeowners associa- tion interested in this particular development for the purpose of reviewing the revised map and a phone call to Mr. Hogan from the homeowners assoc- iation indicated there were no objections.to the proposed changes. The public hearing was opened in connection with this matter. Larry Olin, M. J. Brock & Sons, 6767 Forest Lawn Drive, Los Angeles, appeared before the Commission and concurred with the staff report and recom- mended conditions. For clarification, Assistant Community Development Director Hewicker reviewed the amended recreation- al facilities as well as the City's proposal to acquire approximately 5 acres for public use. He advised, however, that reference to the proposed acquisition was for information only and would have no effect on the staff recommendations. Cap Moody, Manager, Residential Division, The Irvine Company, appeared before the Commission to comment on the proposed acquisition. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make the Ay X X X X X X following findings: AAt X 1. That the proposed map and development, includ- ing the proposed grading thereon, is consistent with applicable general and specific plans and Page 8. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES February 12, 1976 INDEX the Planned Community Text. 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 in the tentative map. 4. That the site is physically suitable for the proposed density of development as set forth in the Planned Community Text. 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 proposed improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the pro - posed 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. and recommend to the City Council that the Amended Tentative Map of Tract No. 7967 be approved, subject to the following conditions: 1. That all applicable conditions of approval for the original tentative map of Tract No. 7967 be fulfilled. 2. That a site plan showing the location of all dwellings, areas for room additions, walls, fences, swimming pools, community buildings, utility buildings and open areas shall be • reviewed and approved by the Director of Community Development. Page 9. • E COMMISSIONERS CITY OF NEWPORT BEACH February 12, 1976 MINUTES INDEX 3. That there shall be submitted a declaration of covenants, conditions and restrictions setting forth an enforceable method of insuring the installation and continued maintenance of the landscaping, walls, fencing and all physical features such as buildings, fire hydrants, utility facilities, open areas between dwelling groups, parking areas, drainage facilities and recreation facilities acceptable to the Department of Community Development, and in . respect to legal enforceability, the City Attorney. 4. Street and fire hydrant locations shall be approved by the Fire Department for fire equipment'access. 5. That a swimming pool or tennis court facilities shall be constructed in the northwesterly quadrant of "Jasmine Creek" in conjunction with the proposed development. 6. That a full parkway width sidewalk be constructed along Crown Drive North to serve as a combined pedestrian /bikeway. 7. That the sidewalks to be constructed along the interior private streets have a minimum width of four feet. 8. That a detailed plan showing sidewalk locations along the interior private streets be prepared and submitted to the Public Works Department for review and approval. 9. That the street lighting system along the private streets shall be dedicated to the City and be constructed in accordance with current standards, except that the Public Works Department may give special consideration to the type of luminaire to be installed. Item #5 Request extension of use permits which govern the EXTENSION hours of operation and allow on -sale alcoholic OF USE beverages, live entertainment and dancing in PEAS — conjunction with an existing restaurant. (Smokey T T4, Stover's) SAND T4T9— Location: 3295 Newport Boulevard, on the westerly side of Newport Boulevard, DENIED Page 10. COMMISSIONERS CITY OF NEWPORT BEACH A' 1 A P Z N o„ *,,el T February 12, 1976 MINUTES INDEX between 32nd Street and Finley Avenue. Zone: C -1 Applicant: Charles M. Yeager and Jerry Owens, Newport Beach Owner: Same as Applicant Public hearing was.opened in connection with this matter. John Mitchell appeared before the Commission on behalf of the applicant and concurred with the staff report and recommended conditions. Richard W. Atwell, 3675 E1 Sereno Avenue, Altadena, owner of a duplex on Clubhouse Drive, appeared before the Commission in connection with this matter. He advised that the business originally opened as a smorgasbord restaurant with closing hours of 10:00 P.M., to which he had no objection. . The restaurant subsequently obtained approval to close at 12:00 midnight and then 2 :00 A.M. and since that time the noise and parking problems have been such that he has had difficulty keeping tenants. Bob Atwell, 400 Clubhouse Drive, appeared before the Commission and advised that the noise and loud music has kept him awake until 2:00 A.M. on many occasions, and although he has called the Police several times and talked to the manager of Smokey Stover's regarding the loud music, the problem continues to return. Quinton Smith, 402 Clubhouse Drive, appeared before the Commission in connection with this matter and felt there must be a lack of communica- tion, because he has called the Police Department many times regarding the noise. He strongly objected to the debris and garbage which continu- ally ends up in his yard and the collection of trash which takes place at 7:00 A.M. instead of 9:00 A.M. as required by one of the conditions of the use permits. He also commented on the problem of enforcing any conditions and felt that more consideration should be given to the residents • which were in the area before the restaurant was established. Page 11. COMMISSIONERS CITY OF NEWPORT BEACH m a p p Z N February 12, 1976 MINUTES INDEX Mel Atwell, Walnut, California, advised the Commission that he had spent many vacations at . his family's summer cottage and this last summer was very concerned with the bad influence of the Smokey Stover's clientele on his teenage children. Warren West, 406h Clubhouse Drive, appeared before. the Commission and advised that on several occasions customers of Smokey Stover's have used his patio as a urinal, that on one occasion a man became sick and passed out in the back seat of his wife's car, that he has called the Police on several occasions regarding the situation, and that he does not appreciate the foul language continually being used outside his windows by customers of Smokey Stover's. John Mitchell appeared before the Commission to answer questions relative to use of the trash bin and pick -up by the disposal company. He also commented on their attempt to deal with the complaints of the neighbors and comply with the conditions of the use permit. He advised that the security guard was on duty Wednesday through • Saturday from 9:00 P.M. to 2:00 A.M., that amplification of the music was necessary to the business, and had no comment on the suggestion that a parapet wall be constructed to stop any noise which may come out of the ducts on the roof. George Deacon, 405 Clubhouse Drive, appeared before the Commission to concur with the other speakers regarding the trash and noise and voiced concern with the influence of this type of business on teenage children. He commented on the many incidents which have occured in the past including a shooting and several arrests. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Parker commented that the description of the business by the surrounding neighbors sounded like a public nuisance. Community Development Director Hogan commented that the ordinance requirements were that a use permit should not be granted unless the Commission could make the findings that the use permit as • granted would not create a disturbance to the adjacent residential area and further that the best witnesses are the surrounding neighbors, sinc they have a better chance for observation of the. Page 12. COMMISSIONERS CITY OF NEWPORT BEACH m nAVm, p p z N Feb ruary 12. 1976 MINUTES INDEX situation than does the staff. He also commented on enforcement of conditions and advised that this was normally carried out by the applicant in good faith since the City did not have the personnel to stand guard in each situation to see that all the conditions were met. Commissioner Agee commented on the change in character of the establishment since the use permits were originally granted as well as .the change since the last extensions were granted and advised he did not see how the Commission could with a clear conscience grant the extensions in view of the testimony received. Motion X Motion was made that the extension of Use Permits Ayes X X X X X X No. 1244, No. 1272 and No. 1419 be denied, based Absent X on the following findings: 1. The basic operation has changed since the original use permits were granted and even since the last extensions were granted to the point where the kitchen has been removed and the operation constitutes a "nightclub" as opposed to the original food and beverage establishment. 2. That the continuation of live entertainment and dancing in "Smokey Stover's" will be detrimental to the surrounding uses since the noise and sound amplification can be heard outside the structure and is a source of complaints from surrounding neighbors. 3. Adequate parking is not available for the existing development. Therefore, customers have illegally parked in adjoining areas and have blocked the alley and driveways of nearby residents. 4. Trash and debris from the operation of the establishment have accumulated in the yards of nearby residents as well as the adjoining alley and channel. 5. That the behavior and conduct of the customers of "Smokey Stover's" have been a source of disturbance to the surrounding neighbors. 6. That based on the testimony received at the public hearing, there have been Police problems related to the operation of "Smokey Stover's." Page 13. COMMISSIONERS CITY OF NEWPORT BEACH DC T T D T T L N R CALL 0 MINUTES February 12, 1976 INDEX 7. That based on the testimony received at the public hearing, the operation constitutes a public nuisance. 8. That based on the testimony received at the public hearing, and the findings heretofore made, the extensions of the subject use permit will under the circumstances of this case be detrimental to the health; safety, peace, moral comfort and general welfare of persons residing and working in the neighborhood and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. Item #6 76 -1 -A: Proposed amendment to the Land Use GENERAL Element, and possibly the Recreation and Open PLAN Space Element, to either add "Administrative, AMENDMENT Professional and Financial Commercial" as an 76 -1 alternate use, in addition to the "Recreational and Marine Commercial" designation, or to change the designation to "Recreational and Environmental APPROVED Open Space," for the property at the southeast_ corner of Bayside Drive and Marine Avenue. Community Development Director Hogan reviewed the staff report and presented new wording as follows for the Commission's review: "Any development of the property at the southeast corner of Marine Avenue and Bayside Drive should assure that a view triangle, with its apex at the intersection of Marine Avenue and Bayside Drive, is maintained and that adequate public access to the bay is provided. The appearance of structures shall be compatible with, and not offensive to, the surrounding area. In order to assure that these objectives will be reached, Planning Commis- sion approval of the development plans will be required. If necessary, the property will be rezoned to accomplish the above." Mr. Hogan also commented on changing the zone to either P -C or some other zone to be established which would provide for public review of any proposed project. Assistant City Attorney Coffin commented on the proposed wording and the need for development of Page 14. COMMISSIONERS CITY OF NEWPORT BEACH YC ^ T P m A f Q MINUTES r A I February 12, 1976 INDEY a conditional zoning text or district. Planning Commission discussed a view triangle and various ways available to maintain it as.open space. Public hearing was opened in connection with this matter. Dave Neish, Manager, Planning Administration, The Irvine Company, appeared before the Commission to comment on the request. He concurred with the staff report and agreed to public review of any proposed project on the site. He commented on a meeting with the homeowners and Parks, Beaches and Recreation which resulted in the general feeling. that the proposed development was an adequate alte - native if the site could not be purchased for public use. He concurred with the new wording, however, voiced concern with that portion relative to compatibility of the appearance of structures because there are no office buildings in the area at the present time. • Planning Commission discussed the method to be used which would accomplish review of any proposed development. Commissioner Williams commented that in his opinio the best view was that of looking down the channel which appears to be blocked by the proposed build- ing on the second set of plans and felt that effor should be made to ascertain the best view for preservation and not to establish the location of the building at this time. Phil Ringle, the developer of the site, appeared before the Commission and presented various development plans for review. He commented on the view corridor, possible placement of the structure, height and size of the building, parking, landscaping and open space. He also concurred with the provision for public review. Frank Fulton, President of the Balboa Island Improvement Association appeared before the Commission to comment on the request and felt that buildings of any kind would obstruct the last . remaining view of the bay. He questioned whether or not determination had been made regarding acquisition for public use and if not, requested that this matter be continued until such a determination could be made. Page 15. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES < A Z N on reII February 12, 1976 Kenneth Elgin, Balboa Island, appeared before the Commission to comment on the lack of parking in the area for the boat slips and opening of the bridge to provide public access to the walkway along the bay. W. M. Jones, 1137 Dolphin Terrace, commented on the proposed development and its effect on the esthetics and view of the residents looking down on the site. He felt that creating view corrido .a would be dangerous and that the development should be allowed to use the entire site. Dean Skill, 115 Onyx, appeared before the Commis- sion and questioned the need to change the General Plan if the property is already zoned for commer- cial use. Community Development Director Hogan advised that although the zone would allow an office building, the General Plan would not, and, therefore, the General Plan must be made to conform to the zoning as required by State law. • Fred Stevenson, Balboa Island, appeared before the Commission and voiced concern with the increase in traffic congestion which would be created by any type of building at this location. Commissioner Agee pointed out that design features and placement of buildings was not the issue at this time but rather the addition of a category to allow for the planning of a development which would be reviewed at a later date. Morgan Stanley, 1125 Dolphin Terrace, questioned the height of the proposed building. Vera Kruger, 1201 Dolphin Terrace, felt that boat oriented businesses were a better use for the site. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Williams commented that waterfront development should be that type of development which cannot occur elsewhere. Md*on X Motion was made that Planning Commission recommend to the City Council that the Land Use Element be amended to designate the property at the southeast corner of Bayside Drive and Marine Avenue to Page 16. COMMISSIONERS CITY OF NEWPORT BEACH YC m m D m T �L T � < A p Z 3 IROLOALL ^' N February 12, 1976 MINUTES NDEX include "Administrative, Professional and Financial" in addition to "Recreational and Marine Commercial" and to add the following wording to Page 16 of the Land Use Element: "Any development of the property at the southeast corner of Marine Avenue and Bayside Drive should assure that a view triangle, with its apex at the intersection of Marine Avenue and Bayside Drive, is maintained and that adequate public access to the bay is provided. The appearance of structures shall be compatible with, and not offensive to, the surrounding area. In order to assure that these objectives will be reached, Planning Commis- sion approval of the development plans will be required. If necessary, the property will be rezoned to accomplish the above. ". Commissioner Agee supported the motion because any development plans would have to be reviewed by the City. Commissioner Seely supported the motion as he felt • the alternative development of an office use was less intense and any development plans would have to be fully reviewed prior to construction. He also felt that the alternative for public acquisi- tion was still available and would not be preclude by this action. Commissioner Tiernan questioned whether this action would have any effect on the value of the land. H Also requested consideration of an amendment,to th motion to include the designation of "Recreational and Environmental Open Space." Commissioner Parker accepted the amendment. Ayes X X X X X X Following discussion the motion as amended was 76 -1 -A Absent X voted on and carried and Resolution No. 944 was adopted, recommending to the City Council that the RES- Land Use Element and Recreation and Open Space NO. 944 Element of the General Plan be amended as follows: DOPTED 1. Revise the Land Use Element in reference to Bayside Drive and Marine Avenue on page 16 with the addition of the following language: • "Any development of the property at the south- east corner of Marine Avenue and Bayside Drive should assure that a view triangle, with its apex at the intersection of Marine Avenue and Bayside Drive, is maintained and that adequate Page 17. COMMISSIONERS CITY OF NEWPORT BEACH 1 G� ^' f� r T 1 p A 1 Z N Qf, MI February 12, 1976 MINUTES INDEX public access to the Bay is provided. The appearance of structures shall be compatible with, and not offensive to, the surrounding area. In order to assure that these objectives will be reached, Planning Commission approval of the development plans will be required. If necessary, the property will be_ rezoned to accomplish the above." 2. Revise the Land Use Plan (map) to reflect the designation of "Administrative, Professional and Financial Commercial" and "Recreational and Environmental Open Space" as alternate uses, in addition to the "Recreational and Marine Commercial" designation for the propert at the southeast corner of Bayside Drive and Marine Avenue. 3. Revise the Recreation and Open Space Element to show Open Space as an alternate use for the property at the southeast corner of Bayside Drive and Marine Avenue. 76 -1 -B: Proposed amendment to the Land Use Element. to change the 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." Public hearing was opened in connection with this matter. Bill Langston, 18 Oakcrest Lane, appeared before the Commission to answer any questions in connec- tion with this request. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Seely voiced concern with the possib- ility of creating a commercial strip along Bristol Avenue and the lack of information received in connection with this request. He felt that more information should be given as to the purpose of • the change and its relationship and effect on the remaining planned community. Motion X Following discussion, motion was made that Plannin 76 -1 -B Commission adopt a resolution recommending to the NOT i I Page 18. APPROVED COMMISSIONERS CITY OF NEWPORT BEACH T n a F r p 9 C,s„ February 12, 1976 MINUTES INDEX City Council that the Land Use Element be amended to change the designation of the property at the northeast corner of Bristol Street and Spruce Avenue from "General Industry" to a mixture of. "Administrative, Professional and Financial Commercial" and "Retail and Service Commercial." Commissioner Seely reiterated his opposition because of the need for more information to justify the amendment. Ayes X X X The motion was then voted on and failed. Noes X X X Absent X 76 -1 -C: Proposed amendment to the Land Use Element to change the designation of a portion of the industrially- designated area of the Koll Center Newport Planned Community (at the inter- section of Jamboree Road and Birch Street) to a mixture of "Administrative,Professional and • Financial Commercial" and "Retail and Service Commercial." Public hearing was opened in connection with this matter. Tim Strader appeared before the Commission to comment on the procedures which now have to be followed relative to General Plan amendments and the requirement by the State that the General Plan be amended prior to requesting a zone change. He referred to the request as a minor modification to the General Plan which would allow them to request a minor change in the planned community. He felt that the request was nothing more than what the planning process was all about because no plan is inviolate and is subject to modifica- tion in order to comply with the goals of all concerned, which is to create better planning within the City. Since the Koll Center Newport plan was adopted in 1972, changes have taken place and in order to deal with the changes, the. first step must be taken as required by the planning process. Unless the request is approved, the applicant will be denied the right to apply • for a zone change and show how a change in the plan may be better for the City. Therefore, it was requested that the General Plan be amended in order that plans may be brought back to the Com- mission and input provided for making a rational decision. i Page 19. ' COMMISSIONERS CITY OF NEWPORT BEACH Motion Ayes Noes Absent 0 Motion Ayes Noes Absent M *on A Noes Absent February 12, 1976 MINUTES INDEX Commissioner Williams advised he now understood the problem and questioned how he could change v his vote on the previous action. Assistant City N Attorney Coffin responded as to the procedure. February 12, 1976 MINUTES INDEX Commissioner Williams advised he now understood the problem and questioned how he could change his vote on the previous action. Assistant City Attorney Coffin responded as to the procedure. Commissioner Seely felt his action in no way prevented anyone from making an application for additional type of development which may be contemplated for the area and disagreed that the request was a minor change. He reiterated that the change was significant enough to warrant more information in order that an intelligent decision could be made. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that the Planning Commission adopt 76 -1 -C X X X X Resolution No. 945, recommending to the City Coun- X X cil that the Land Use Element of the Newport Beach RES. X General Plan be amended to change the designation NO. 945 of a portion of the industrially designated, area ADOPTED of Koll Center Newport 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." Commissioner Seely again voiced his opposition to the motion for the reasons previously stated. X Motion was made to reconsider the action taken on 76 -1 -B X X X X X General Plan Amendment No. 76 -1 -B. X RECON- X SIDERED Commissioner Williams commented that the reason for changing his vote was to bridge the obstacles of government and to allow the applicant the opportunity to proceed with his plans and still retain the City's right to fully review the concerns previously expressed. He also commented on the need for more guidelines, information and possible reason in connection with future changes to the General Plan. X Motion was made that the Planning Commission adopt RES. X X X X Resolution No. 946, recommending to the City Coun- NO. 946 IX X Cil that the Land Use Element of the Newport Beach ADOPTED X General Plan be amended to change the designation i of a portion of the industrially designated area Page 20. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES N February 12, 1976 e rug auncv of Newport Place Planned Community (at the inter- section of Bristol Street and Spruce Avenue) to a mixture of "Administrative, Professional and Financial Commercial" and "Retail and Service Commercial." ADDITIONAL BUSINESS: Motion X Planning Commission adopted Resolution No. 947, Ayes X X X X X X setting public hearings for March 18, 1976, to Absent X consider the following: 1. Street Name Change for New MacArthur Boulevard. 2. An amendment to Title 20 of the Newport Beach Municipal Code to include "Home Occupations." 3. An amendment to Title 20 of the Newport Beach Municipal Code to include a "Historical Combining District." Commissioner Seely requested and received permis- sion to be excused from the IReeting of February 19, 1976. There being no further business, motion was made to adjourn. Time: 10:45 P.M. JAMES M. PARKER, Secretary Planning Commission City of Newport Beach Page 21.