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HomeMy WebLinkAbout02/18/1971COMMISSIONERS CITY OF NEWPORT BEACH v a Regular Planning Commission Meeting w Place: Council Chambers MINUTES c S o N Time: 8:00 P.M. CALL > Date: February 18, 1971 INDEX Present Absent 0 Motion Second All Ayes U x x x x x x x EX- OFFICIO MEMBERS Laurence Wilson, Asst. Community.Development Dir. Dennis O'Neil,.Asst. City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Zoning Administrator Helen Herrmann **************************** On motion of Commissioner Brown, seconded by Com- missioner Martin, and carried, the minutes of January 21; 1971 were approved, as written. Item 1, Resolution No. 726, being a Resolution of the Planning Commission of the City of Newport Item 1. Beach declaring its.intention to consider certain RESOLU- amendments to Title 20 of the Newport Beach Munici- x pal Code relating to off - street parking in residen- NU—.776 x. tial districts, was set over for consideration at the end of the meeting. SET OVER TO END OF Item 2. Request to enlarge lots 92 and 93 of Tract 7223 by RESUBDI- addition of 0.050 acres to each lot. VTT N Location: Portion of Block 56 of Irvine's Subdi- vision, adjacent to Lots 92 and 93 of APPROVED Tract 7223, on the northwesterly,end of Lochmoor Lane in the Big Canyon Planned Community. Zone: P -C Applicant: The Irvine Company, Newport Beach Engineer: Williamson & Schmid, Santa.Ana Owner: Same as applicant. Page 1. COMMISSIONERS l I N O S N L CALL Motion Second All Aye: Motion. Second All Ayes 0 CITY OF NEWPORT BEACH MINUTES February 18. 1971 INDEX .. Zoning Administrator Hewicker presented the appli- cation to the.Commission and explained that the x proposed resubdivision would create larger build - x ing sites. After a short discussion,; the applica -. tion was approved subject to the following condi- tion: 1. That a parcel Map be filed. Item 3. FINAL Request for approval of a final map %Ubdividi.ng 18.5 acres into 40 single- family residential= lots. MAP and one green area lot; TR CT NT. 72 7 Location:. Portion of Blocks 96 and p7. of Ivne's Subdivision, locpte.d on.khe;:sout er1y. APPROVED side of the extension of Sad: Joaquin Hills Road between Marguerite Avenue and Spy Glass Hill Road, Zone: R -1 -B Applicant: Eastbluff Newport, Inc.,'Newport.Beach Engineer: Raub, Bein, Frost.& Assoc.; Costa Mesa Owner: The Irvine Company, Newport Beach. Zoning Administrator Hewicker presented the appli- cation to the Commission. Mr. Robert Bein, engine r, represented the applicant and explained the minor changes that had been made in the map. After a discussion, Tract No. 7247 was recommended x to the City Council for approval, subject. to the x amended conditions of :approval attached.to the tentative map on July 28, 1970, with the deletion of Condition No. 23 as recommended by the Planning Commission on September 3, 7970 and confirmed by the City Council on September 14, 1970. Page 2. COMMISSIONERS CITY OF NEWPORT BEACH • • MINUTES Fahriiarv.1Q, 1071 INDEX Item 4: Request to amend a portion of Districting Map No.. AMENCMENI 5 from an R -2 District to an.R -1 District. Location: Lots 1 thru 12, Block 12 of Tract 27 PARTIALL' and Lots 1 thru 10 of Tract 444, loca- APPROVED ted south of Broad Street between Catalina Drive and Santa Ana Avenue,. to Beacon Street, and thence south on La Jolla Drive to the 10 foot alley northerly of Cliff Drive. Zone: R -2 Initiated By: Newport Beach City Planning Commission Zoning Administrator Hewicker..presented the Amend- ment and explained that this change had been initia- ted by the Commission due to the predominantly single- family character of the surrounding area. Chairman Jakosky stated that a letter Feb. 1 _dated 1971 from Mr. and Mrs. Daniel 0. Clark,.favoring. ,. this change had been received and that..letter ,zone of disapproval had been received from Dr. and Mrs,. S. F. Casalaina, Vivian K. Murdock and Mrs. George P. Wilcox. Mr. Edward Warmington addressed the Commission and stated that at the meeting on January,21, 1971 when Resubdivision No. 296 was approved, one of the con- ditions-of approval was that a zoning. petition be filed changing the zone of the two lots facing Santa Ana Avenue from R -2 to R -1 and that the two remaining lots on Catalina Drive would remain in the R -2 District. In view of this action, he requested that the application be denied:, The following persons..spoke in favor.of the proposed zone change;,Mr. Bob Brown who owns Lot 2, Tract 444 and Mr. Giles Brown of 413 Catalina Drive. Mr. Darrell Boucher of 405 Santa Ana Avenue presented a petition with 30 names supporting the zone. change. Upon being questioned, he said the signers all:lived within the immediate area and he believed about 70% of the signers were owners of R -2 lots. Also speak= ing in favor were Mrs..Ethel Thomas of 316 La Jolla Drive, Robert Upson, 404 Catalina Drive, Mr. Hirsch, 434 Catalina Drive.and Mr. Richard Brashear of 401 Santa Ana Avenue. Page 3. COMMISSIONERS 9 v J � O fi N n o ttwpf &L CALL F° s a 3 CITY OF NEWPORT BEACH February 18, 1971 MINUTES INDEX Speaking against the proposed zone change were Mrs. Vivian Murdock of 328 Catalina Drive, Mr. Harold Normington who lives next door to Mrs. Murdock and Gene Nesti of 324 Catalina Drive; all stating that they had purchased their property because it was R -2 and that a zone change to R -1. would depreciate the value of their property. Mrs. Aileen Slowikowski of 345 Catalina Drive addressed the Commission and asked.questions . re -. garding the display map. She stated that while she was in sympathy with the people.who preferred . the R -2 zoning, she really favored the R -1 zone... Mr. Joseph Slowikowski stated that he was neither for, nor against, but.he felt that the zoning in the area should be consistent. A lengthy discussion ensued, during which the question arose as to when the lots south of Broad Street between Santa Ana Avenue and Catalina Drive had been split. A Mrs, Beth Brown of 413 Catalina Drive came forward and stated that this had occurr d • about 18 years ago. She noted that she was the only one who objected at that time and that a dis- cussion had taken place regarding a change to the R -1 zone at that time. Mr. Bob Warmington addressed the Commission.and stated that at the last meeting he was told that h could put one R -1 unit on Santa Ana Avenue and two duplexes on Catalina Drive subject to four condi- tions and that he has been working to comply with those conditions. He also.stated that he has a letter from the City dated February 4, 1971 statin that.he could get building permits to do what he has planned. Mr. Warmington handed the letter to Acting Community Development Director Wilson, who read it into the record. Mr. Wilson explained tha duplexes that exist in the area and which have been constructed legally in the past, would be allowed to remain and that anything for which a_ valid building permit is issued, whether it.is a duplex or a single family.dwelling, or anything legal, could be commenced under the regulations:as they now exist; until and if the regulations are changed. The Commission raised the question of Mr. Warmingt n • not being the legal owner of the lots divided under Resubdivision No. 296 and Mrs. Madge Foster came, forward and stated that she represents Mr. Didak,;, the owner of the property, who is in complete con - formity.with Mr. Warmington's desires: Page 4. COMMISSIONERS CITY OF NEWPORT BEACH v O N wN � N OL CALL �� Motion Second All Aye • r1 U Motion Second All Ayes MINUTES February 18, 1971 INDEX After further. discussion, Commissioner Martin noted that he had been. keeping tabs of the desires of the property owners and it appeared that the property owners north of the centerline of Beacon Street, with the exception of Mr. Warmington and Mr. Didak, were in favor of the change in zone:to R -1 and that the property owners south of this dividing .line preferred their property to remain in. the R -2 zone, therefore he made the following x motion: "That the property beginning at the exten- sion of the centerline of Beacon Street and running north to Broad Street, with Catalina Drive on the west and Santa Ana Avenue on'the east, be rezoned to an R -1 District; the property to the south of .that line, between LaJolla Drive and Catalina Drive, which is now in the R -2 District, to remain in the- R-2 District. Assistant Community Development Director Wilson informed the persons present that this matter would be forwarded to the City Council for con- sideration and that notification would be given of the date of public hearing. Upon being questioned as to whether the report of the Planning Commission to the City Council regarding this action should refer to the entire area or.just to the portion being recommended for rezoning to. R -1, Assistant City Attorney O'Neil replied that the City Council would be considering only the portion that has been recommended for re- zoning to R -T. Item 5. Request to amend a portion of Districting Map No. AMEND - 5 from an R -2 District to an R -1 District. MEN N� 78 Location: Portion of. Lots .8 ,9 and 10, Block 12, Tract 27, located at 415 Santa Ana WITH - Avenue, on the west side of Santa Ana DRAWN Avenue between Broad Street and Beacon Street. Zone: R -2 Applicant: Robert & Loring Warmington, Corona delMar Owner: Matt.Didak, Newport Beach Zoning Administrator Hewicker suggested that in vi: w of the action taken on the previous application, t at x this application.should be withdrawn. Amendment x No. 278 was withdrawn at the request of the applic nt. Page 5: COMMISSIONERS D S w L S N L CAL \:5 • Motion Second All Ayes 40 CITY OF NEWPORT BEACH MINUTES February 18, 1971 INDEX Item 6. VARIANCE Request to permit the establishment of an ice cream parlor with an occupancy of 15 persons with AT,_T§T_ less than the required off - street parking. APPROVED Location: Lot 1, Block X, Tract 323, Corona del Mar, located at 3307 East Coast High -. way, Corona del Mar, on the south side of East Coast Highway between Marguerite-Avenue-and Marigold Avenue. Zone: C -1 Applicant: Alfred L. Beltran, Corona del Mar. Owner: First Western Bank, Santa Ana Zoning Administrator'Hewicker presented the applica- tion to the Commission and explained that the appli- cant had two on -site parking spaces and that the third would be provided in the-Coast Super Market parking lot on the other side of the alley; a letter from the owner of-the super market to this effect was read into the record. A letter from the First Western Bank stating that the applicant had.exclu- sive use of the parking area at 3309 E. Coast High- way, Corona'del Mar, was also read into the record. Mr. Alfred L Beltran was present at the meeting and, after v short-.dis'cussion, the application was x approved subje.ct,to-the-following conditions:. x 1. Thati.maximum,occupancy shall not exceed 15 seats. 2. That -this permit shall extend for a period of time not to exceed one year from date of final determination of this applica- tion. 3'. - That the surface of the on -site parking. area shall be repaired and the parking spaces lined thereon. Parking spaces. abutting a structure shall be provided with wheel stops. 4. That the on -site parking area shall be illuminated-in a.manner as to confine- direct-rays-to-the subject property. 5. That the parking areas shall be posted Page 6. L COMMISSIONERS O N O S N� £N L CALL w > . CITY OF NEWPORT BEACH February 18, 1971 MINUTES INDEX with signs indicating that said parking areas are for the exclusive use of the subject business, and a written statement and /or lease to this effect shall be signed by the property owners and furnished to the Planning Department. Item 7. USE Request to permit a marine fueling facility to in- cl.ude.a fuel dock and service slips. PERMIT 077T12 Location: Lot 1, Block G, and tidelands adjacent to Lots 2 and 3, Block G, Balboa Bay CONTINUE Tract, located.at 705 East Edgewater, MIT— on the north side of East Bay Avenue MARCH 4 between Washington Street and Main Street. Zone: C -1 Applicant:, Seafarers Safety & Service Club, Inc. Newport Beach Owner: W. L. Horton, D: M. Horton, and R. A. Nielsen, Newport Beach Zoning Administrator Hewicker explained the applica- tion to the Commission and read into the record a letter dated February 16, 1971 from Davey's Locker registering strong opposition. Mr. Reggie Doll, President of Seafarers Safety & Service Club, Inc., was present and stated . that he has prepared a rebuttal to the Planning Department report dated February 12, 1971 which he read into the record along with a letter signed.by Fire Chief Briscoe. Mr. Doll explained in detail the scope of the proposed . facility as well as the safety features provided. He also stated that they did not propose.to change any of the existing businesses in operation now with the exception.of Balboa Rentals which would be replaced by Triple S. Mr..Warner, who owns the adjoining property, ex- pressed concern regarding having a facility.of . this nature right next door and Mr. Roland Vallely, who owns property,a block away, expressed concern that the facility might be used for purposes other than a fuel and..oil dock. Miss Jane Pritchard. Page 7. COMMISSIONERS CITY OF NEWPORT BEACH v a � 0 -AtInft 01NN� 0 S L CALL 3 > February 18. 1971 MINUTES INDEX stated that she believed there were a sufficient number of fueling stations in the harbor and that they are disturbing the environment. The Commission expressed great concern regarding the proximity of this operation to other businesse and residential uses. There was also concern re- garding the location of the fuel lines and the fact that fuel delivery trucks would be backing over a public right -of -way. It was noted that a portion of the fuel dock would be over City.owned tidelands and the proposed parking did not conform to municipal standards. Upon being questioned as to whether the City would be subject to some liability with respect to the fuel lines under the bay front walk, Assistant City Attorney O'Neil replied he believed there would be a liability exposure. After . considerable discussion, during the course • of which it was pointed out that the fire marshall. was unable to attend the meeting because he was out of town, Commissioner Glass made the following motion: "That the application be continued until March 4, 1971 so that the Commission may have a direct communication from the fire chief or fire department regarding their feelings on the subject of safety and that Mr. Doll have a plot plan of the parking area,redrawn to scale to meet City. requirements ". Before the Commission voted on the above motion, Commissioner Brown stated he felt this might be unfair to the applicant if there is.an implication of a contract between the Commission and the appli- cant to do certain things with the expectation it would lead to approval of the application. There- fore it was pointed out to Mr. Doll that this was not the case and he still might get a "no" vote on March 4th. Motion x Commissioner Watson seconded the motion made by Second x Commissioner Glass, to wit: "That the application Ayes x x x x x be continued until March 4, 1971 so that the Commis Noes x sion may have a direct communication from the fire • chief_or fire department regarding their feelings on the subject of safety and that Mr. Doll have a plot plan of the parking area redrawn to scale to meet City requirements ". Page 8. COMMISSIONERS CITY OF NEWPORT BEACH O �Uo` CALL p • Motion Second All Ayes MINUTES February 18. 1971 INDEX Item B. Request to permit the addition of a second apart - USE ment to an existing nonconforming building with PERMIT commercial uses on the first floor and one apart - 07-713 ment on the second floor. APPROVED Location:. Lots 3'and 4, Block 21, Newport Beach Tract, located at 2110 West Ocean Front, on the north side of West Ocea Front between 21st Place and 22nd Street. Zone: C -1 Applicant: Lawrence Scott, Newport.Beach Owner: Henry Fredricks; Newport Beach Zoning Administrator Hewicker presented the applica- tion to the Commission and explained that the appli- cant would be providing four covered parking space on the property, instead of the two now existing and that a nonconforming situation would be removed. x After a discussion, the application was approved x subject to the submitted plot plan and the follow- ing conditions: 1. Conformance with the Uniform Building Code. 2. Maintenance of 8 foot vertical clearance for the projecting portion. Item 9. Request to permit a temporary rental. /model pavilion and parking area for the rental of units in the "Versailles on the Bluffs at Newport" project. USE MMIT N0. 1514 Said use to exist for approximately two years. APPROVED Location: Portion Lot 172, Block 1 and Lot 169, Block 2, of Irvine's Subdivision, located north of Pacific Coast Highway and east of Superior Avenue. Zone: P -C Applicant: Donald J. Scholz & Co., Costa Mesa Owner: William J. Cagney, Newport Beach Page 9. COMMISSIONERS M2050:5'05 L CAL Motion Second All Ayes • • CITY OF NEWPORT BEACH MINUTES February 18, 1971 INDEX Zoning Administrator Hewicker presented the appli- cation-to the Commission. Mr. Bob Vatcher of VTN, Engineers for applicant, was present and stated they were in agreement with the staff recommendations. x After a short discussion, the application was x approved, subject to the following conditions: 1. A minimum of fifteen off - street parking spaces shall be provided in a manner and in a location meeting the approval of.the Traffic and Parking Engineer. 2. Prior to the issuance of buildi:g permits, arrangements for water service,: sewer service, access and fire protection shall. be made in a manner satisfactory to the City Engineer. 3. Detailed landscaping plans, including a watering facilities plan, prepared by a landscape architect, licensed landscape architect, licensed landscape cgntractor or architect, shall be submitted to.and approved by the Director of Community Development. Said landscaping and water- ing facilities shall be installed prior to occupancy. 4. This permit shall ;extend for a period of time not to exceed two years from date, of final determination of.this application. 5. Upon expiration of this permit, the pavilio shall be removed from the subject property. Item 10. Request to amend a portion of Districting Map No. AMENDMENT 11 from a C -1 District to a C -O -H District. N Location: Lots 1 thru 7, Block B, Bayside Tract CONTINUED bounded by Palm Street, Bay Avenue, U I7TT Washington Avenue and Newport Bay MARCH 4 (The Fun.Zone). Zone: C -1 Applicant: Howard S.-Wright Construction Co: AnaIneim Owner: Santa Ana Valley Irrigation Co., Orange. Page 10. COMMISSIONERS w CALL • Motion Second Ayes Noes Abstain • CITY OF NEWPORT BEACH MINUTES February 18,.1971 INDEX Zoning Administrator Hewicker presented the appiic - tion to the Commission and explained that this particular site lies within the proposed Civic District. It was noted that on Monday evening, February 22, 1971, the City Council would consider an emergency ordinance to establish a 35 foot height limit on all structures within the proposed Civic District. The staff therefore could not make a recommendation to establish a zone which .would all w buildings 85 feet in height in a. location where buildings of that.height might eventually become nonconforming.depending on the recommendations of . the Civic District Committee. It was therefore recommended that the application be removed from the calendar pending decision of the City Council, or denied. At this point, Chairman Jak.osky inquired of Assist- ant City Attorney O'Neil whether he should disqualify himself if the decision is based entirely on the findings of the Civic District, Committee as he is a property owner who owns land in the Civic District. Assistant City Attorney O`Neil replied that this was a proper action. Chairman Jakosky therefore stepped down and the meeting was taken over by First Vice Chairman Watson. Mr. Arthur L: Merritt, Regional Manager.of Howard Wright Construction Company addressed.the Commis -. sion, stating that since he could not expect a favorable action that evening, he would request that the application be held over until March 4, 1971. x His request was granted. x x x x x Chairman Jakosky returned to the dais. x Item 11. x Request to amend a portion of Districting Map No. AMENDMEN 17 from an R -2 District to a C -1 -H District. NO. 279 DENIED Location: Lots 15 & 17, Block 435, Corona del Mar, located at 431 and 433 Iris Avenue, on the west side of Iris Avenue between First Avenue and East Coast Highway. Zone: R -2 Applicant: Richard V. Jordan, Newport Beach Owner: Same as applicant. Page 11. COMMISSIONERS � 0' a' e0-5 � N - NK L CALL 5 >3 • Motion Second All Ayes • CITY OF NEWPORT BEACH MINUTES February 18. 1971 INDEX Zoning Administrator Hewicker presented the appli- cation to the Commission and read into the record two communications favoring the application, one from Mr. & Mrs. George M. Gross, 429 Heliotrope Avenue and one from Anne Q. Gillman, who owns the adjoining property at 429 Iris Avenue. Mr..Hewick r also informed the Commission that a petition again t the zone change, with nine signatures, had been received. Neither the applicant, Richard V. Jordan, nor any representative were present at the meeting. Mr. John Davison, 421 Iris Avenue spoke in opposi- tion and commended the Commission on its stand in this matter. Mr.-Paul Hummel of 416 Heliotrope Avenue said he had discussed this matter with his neighbors and they are all against it. Commissioner Martin stated that the Commercial Committee of the Newport Tomorrow Goals and Objec- tives Committee was concerned about the health of the commercial areas in general and particularly t e health of the Corona del Mar area. The general co r_. clusion was that a further expansion of the commer- cial zone in Corona del Mar was undesirable from the standpoint of the community. In fact, with th establishment of Fashion Island, there should be a shrinking of commercial areas in Corona del Mar. x After a further discussion, the application was x denied. Item 12. Request to create two parcels of land in the Upper RESBUDI- Harbor View Hills Planned Community; one parcel to VISION be an extension of the existing Buffalo Hills Park N�9 and one parcel to be the site of the Phase II Recreation Area facilities. APPROVED Location: Portion of Block 92 of Irvine's Subdi- vision, located southerly of Port Seabourne Way, west of new MacArthur Boulevard. Zone: P -C Applicant: Donald L. Bren Co., Sherman Oaks Engineer: Raub, Bein, Frost & Assoc., Costa Mesa Owners: Newport Hills Community Association and The Irvine Company, Newport Beach Page 12. COMMISSIONERS ,n £ �L CALL'C�� CITY OF NEWPORT BEACH February 18, 1971 MINUTES INDEX Assistant Community Development Director Wilson presented the application to the Commission and explained that Parcel "A" is irregular in shape and would consist of Phase II of Buffalo Hills Park. Parcel "B" is also irregular in shape and is the intended site for the Newport Hills Commun- ity Association Recreation building. Motion x After a discussion, the resubdivision was approved Second x subject to obtaining City Council approval and sub All Ayes ject to the additional following conditions: 1. Arrangements for interim legal access to Parcel "B ", to be subject to approval by the City Engineer and City Attorney. 2. Recording of a Parcel Map. 3. Arrangements adequate to preclude possible future problems in maintenance and use of the panhandle extension of Parcel "B" run- ning north to Port Taggart Place., by the • following alternative actions,to be subject to approval by the City Attorney, City Engineer and the Director of Parks, Beaches and Recreation. A. Redesign parcel boundaries to eliminate the panhandle extension of Parcel "B". B. Provide a gate and watering system., and redesign landscaping and improvement plans for Parcels "A" and "B" to facili tate maintenance and use of the panhandle extension by the owners of Parcel "B ". C. Provide an easement or other recorded document to allow public use and main - tenance of the panh- andle - extension at the northerly end of Parcel "B ", the same as if it were a part of Parcel "A" the adjacent public park. Assistant Community Development Director Wilson had been asked by the Commission to draft a letter to the City Council in reply to a Council request . that a Special Committee be formed, consisting of two Councilmen, two Planning Commissioners and a representative of the Balboa Island Improvement Association for study of the Promontory Point - Balboa Wharf area. Mr. Wilson read a draft of a: Page 13. COMMISSIONERS go v� O N ON V O 5 0 o s o u Motion Second Ayes Noes • CITY OF NEWPORT BEACH MINUTES February 18, 1971 INDEX xx x x x x x letter and considerable discussion ensued. After the Commission had made clear their desires as to the content of the letter, Chairman Jakosky indicated that he would be out of town and since the Council had implied urgency in the matter, he asked Assistant Community Development Director 'Wilson to prepare and sign the letter as soon as possible. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Resolution No. 726, being a Resolution of the Plan ning Commission of the City of Newport Beach which proposes to amend Section 20.08.190 of the Newport Beach Municipal Code pertaining to off- street park ing requirements was adopted and set for public, hearing on March 4, 1971 at 8:00 P.M. in the City Item 1. RESOLU- ,_7_IblT_ NU-7726 x Council Chambers. ADOPTED It was suggested that the other Resolutions under consideration be discussed at a study session prig to being set for public hearing. Chairman Jakosky stated that he would be unable to attend the study session on March 4, 1971 and per - haps the evening meeting as well. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Assistant Community Development Director Wilson stated he had received a request from Shell Oil Company °regarding temporary promotional signs for glassware.at two stations subject to use permits. The Commission discussed the matter briefly and concluded the temporary promotional signs may be allowed provided that they are used in conjunction with or replace the permitted price sign. On motion of Commissioner Watson, seconded by Com- missioner Dosh, and carried, the meeting was ad- journed until March 4, 1971 at 8:00 P.M. in the City Council Chambers. » oD n R. Adkinson, Secretary Planning Commission. Page 14.