HomeMy WebLinkAbout02/22/1990COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES
PLACE: City Council Chambers
TIME: 7:30 P.M.
DATE: February 22, 1990
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
All Present
All Commissioners were present.
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EX- OFFICIO OFFICERS PRESENT:
James Hewicker, Planning Director
Robin Flory, Assistant City Attorney
s : :
William R. Laycock, Current Planning Manager
Robert Lenard, Advance Planning Manager
Peter Carlson, Assistant Planner
Don Webb, City Engineer
Dee Edwards, Secretary
Minutes of February 8. 1990:
Minutes of
2 -8 -90
Motion
Motion was made and voted on to approve the February 8, 1990,
Ayes
Planning Commission Minutes. MOTION CARRIED.
Abstain
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Public Comments:
Public
No one appeared before the Planning Commission to speak on
Comments
non - agenda items.
Posting of the Agenda:
Posting
of the
James Hewicker, Planning Director, stated that the Planning
Agenda
Commission Agenda was posted on Friday, February 16, 1990, in
front of City Hall.
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Request for Continuances:
Request
for
James Hewicker, Planning Director, requested that Item No. 3,
Continuance
General Plan Amendment No. 89 -2 (D), Amendment No. 688,
and Tentative Map of Tract No. 14120, Todd Schooler and Steve
McCluer, applicants, property located at 1900 West Balboa
Boulevard, be continued to the March 8, 1990, Planning
Commission meeting to allow staff additional time to review the
application.
Motion
Motion was made and voted on to continue Item No. 3 to the
All Ayes
March 8, 1990, Planning Commission meeting. MOTION
CARRIED.
Use Permit No. 3374 (Public Hearine)
Item No.I
Request to permit the establishment of a facility that specializes
UP3374
in the sales, service and installation of automobile cellular
phones on property located in the M -1 -A District.
Approved
LOCATION: Lot 46, Tract No. 3201, located at 4023 Birch
Street, on .the northwesterly side of Birch
Street, between Dove Street and Quail
Street, across Birch Street from the Newport
Place Planned Community.
ZONE: M -1 -A
APPLICANT: Pack -Cell, Newport Beach
OWNER: George Souleles, Irvine
The public hearing was opened in connection with this item, and
Mr. Shiram Vosough, applicant, appeared before the Planning
Commission wherein he concurred with the findings and
conditions in Exhibit "A ".
In response to questions posed by Commissioner Edwards with
regard to letters from the Code Enforcement Division notifying
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the applicant to apply for a use permit at the subject location,
Mr. Vosough explained that he did not understand that the use
permit was not transferable from his previous location at 4001
Birch Street to the subject location.
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
Motion
*
Motion was made to approve Use Permit No. 3374 subject to the
-
All Ayes
findings and conditions in Exhibit "A ".
Commissioner Edwards supported the motion; however, he .
explained that Condition No. 9 permits the Planning Commission
to add or modify conditions of approval to the use permit if it
is determined that the operation is detrimental to the community.
Motion voted on, MOTION CARRIED.
Findings:
1. That the proposed application is support service in nature
and not an intensification of use of the existing structure,
and as such, is consistent with the Land Use Element of
the General Plan and is compatible with surrounding land
uses.
2. That adequate parking exists on -site for the proposed
development.
3. That the establishment of the subject business will not
have any significant environmental impact.
4. That the approval of Use Permit No. 3374 will not, under
the circumstances of this case, be detrimental to the
health, safety, peace, morals, comfort and general welfare
of persons residing and working in the neighborhood or be
detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City.
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Conditions:
1. That the proposed development shall be in substantial
conformance with the approved plot plan and floor plans,
except as noted below.
2. That should the parking lot require restriping, the parking
lot layout shall be prepared and the striping shall be
marked with approved traffic markers or painted white
lines not less than 4 inches wide and shall be approved by
the City Traffic Engineer prior to the continuation of the
subject business.
3. That all installation, testing and demonstration automotive
sound, communications and alarm systems shall be
conducted within the building and no outdoor display shall
be permitted.
4. That the existing as -built identification sign belonging to
the subject facility shall obtain a building permit issued by
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the Building and Planning Departments in conformance
with the Sign Ordinance of the Municipal Code.
5. That all mechanical equipment and trash areas shall be
screened from Birch Street and adjoining properties.
6. That no outdoor sound system shall be utilized on -site.
7. That all employees shall park on -site at all times.
8. That a minimum of 12 parking spaces shall be provided
in the parking lot for the subject facility.
9. That the Planning Commission may add or modify
conditions of approval to this use permit; or recommend
to the City Council the revocation of this use permit, upon
a determination that the operation which is the subject of
this use permit causes injury, or is detrimental to the
health, safety, peace, morals, comfort, or general welfare
of the community.
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10. This use permit shall expire unless exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
Use Permit No. 3376 (Public Hearine)
Item No.2
Request to establish a church facility including a 100± seat
UP3376
sanctuary, a reception room and kitchen, administrative offices,
bathrooms, and miscellaneous storage and service preparation
Approved
areas within an existing commercial building located in the C -N-
H District.
LOCATION: Lots 5 and 6 and a portion of Lot 7, Tract .
No. 4225, located at 1723 Westcliff Drive, on
the southwesterly side of Westcliff Drive,
between Irvine Avenue and Dover Drive, in
the Westcliff area.
ZONE: C -N -H
APPLICANT: St. Matthew's Traditional Episcopal Church,
Corona del Mar
OWNER: Westcliff Center Associates, Newport Beach
Commissioner Pers6n and James Hewicker, Planting Director,
discussed the provision that allows a church in a commercial
district as long as adequate parking is provided.
Commissioner Glover and Commissioner Edwards discussed their
concerns with Don Webb, City Engineer, regarding the traffic
congestion that could be created by the subject church and St.
Andrew's Church on Sunday mornings. Don Webb, City Engineer,
explained that based on the size of the church's congregation
there would not be an impact of traffic on Westcliff Drive and
17th Street.
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Commissioner Merrill stated that based on previous use permit
applications that were not executed for the subject location, the
site may not be a viable commercial area.
Commissioner Debay expressed her support of the church based
on the letter from St. Matthews Church to staff indicating that
the congregation consists of an average of SO to 70 people per
service, and the front of the church and parking access are on
Sherington Place.
The public hearing was opened in connection with this item, and
Mr. Steve Scarlett appeared before the Planning Commission
wherein he concurred with the findings and conditions in Exhibit
Mr. Scarlett and Commissioner Merrill discussed the feasibility
of limiting the size of wedding receptions for the purpose of
providing adequate parking.
In response to questions posed by Commissioner Edwards
regarding the location of the church. entrance and daytime
parking spaces, Mr. Scarlett explained that the majority of the
congregation will enter from Sherington Place on the basis that
it is most convenient to egress /ingress from Irvine Avenue. Mr.
Scarlett further explained that there is available parking for the
small Bible Study class that meets weekdays during the lunch
hour.
In response to a question posed by Commissioner Glover
regarding the Westcliff Drive address, Mr. Hewicker explained
that all of the properties located on Sherington Place have
Westcliff Drive addresses.
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
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Motion was made to approve Use Permit No. 3376 subject to the
Motion
findings and conditions in Exhibit W.
Commissioner Edwards requested a clarification of Condition No.
3 which states that no private school program shall be permitted
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without an amendment to this use permit. Mr. Hewicker replied
that a day care facility would be included as a school program.
All ayes
Motion was voted on, MOTION CARRIED.
Findings:
1. That the proposed development is consistent with the
Land Use Element of the General Plan and is compatible
with the surrounding land uses.
2. That adequate off- street parking and related vehicular
circulation are provided in conjunction with the existing
shopping center and proposed church facilities.
3. That the approval of Use Permit No. 3376 will not, under.
the circumstances of this case, be detrimental to the
health, safety, peace, morals, comfort and general welfare
of persons residing and working in the neighborhood, or
be detrimental or injurious to property and improvements
in the neighborhood or to the general welfare of the City.
Conditions:
1. That development shall be in substantial conformance with
the approved floor plan.
2. That any outdoor trash containers shall be screened from
adjoining properties.
3. That no private school program shall be permitted on -site
without approval of an amendment to this use permit
application.
4. That any increase in the size of the sanctuary shall require
an amendment to this use permit.
5. That all employees and parishioners shall park on -site.
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6. That the Planning Commission may add to or modify
conditions of approval to this use permit, or recommend
to the City Council the revocation of this use permit upon
a determination that the operation which is the subject of
this amendment causes injury, or is detrimental to the
health, safety, peace, morals, comfort, or general welfare
of the community.
7. That this use permit shall expire unless exercised within
24 months from the date of approval as specified in
Section 20.80.090 A of the Newport Beach Municipal
Code.
A. General Plan Amendment No 89- 2(D)(Public Hearing)
Item No.3
Request to amend the Land Use Element of the General Plan
GPA 89 -21)
and the Local Coastal Program Land Use Plan so as to change
the land use designation of the subject property from "Retail and
A688
Service Commercial" to "Multi - Family Residential ".
TTM14120
INITIATED BY: The City of Newport Beach
Continued
AND
to
3 -8 -90
B. Amendment No. 688 (Public Hearing)
Request to amend a portion of Districting Map No. 9 so as to
reclassify the subject property from SP -6 to SP -6 (MFR) and to
establish on the Districting Map, 5 foot front yard setbacks on
both the 19th Street and West Balboa Boulevard frontages of the
subject property.
AND
C Tentative MaRof Tract No 14120 (Public Hearing)
Request to subdivide two existing lots into a single lot for a five
unit residential condominium development and related garages,
located on property to he rezoned to SP -6 (MFR).
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LOCATION: Lots 1 and 2, Block 219, Section A, Newport
Beach, located at 1900 West Balboa
Boulevard, on the northeasterly comer of
19th Street and West Balboa Boulevard, in
the Cannery Village /McFadden Square
Specific Plan.
ZONE: SP -6
APPLICANTS: Todd Schooler and Steve McCluer, Newport
Beach
OWNER: William Tepper, Newport Beach
ENGINEER: Alpine Consultants, Laguna Hills
James Hewicker, Planning Director, requested that this item be .
continued to the March 8, 1990, Planning Commission meeting
to allow staff additional time to review the application.
Motion was made and voted on to continue Item No. 3 to the
es
March 8, 1990, Planning Commission meeting. MOTION
CARRIED.
Amendment No. 698 (Public Hearing)
Item No.4
Request to consider amending portions of Districting Maps No.
A698
2, 3, 6, 8, 9, 11, 12, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27,
(81214)
32, 37, 46, 50, and 52. Specific properties on these Districting
Maps are proposed for rezoning from their current zones of C-
Approved
O -H, C -1 -H, C -2, U, R -3, and R-4 to Multi- Family Residential
(MFR). As part of this amendment, the Cannery
Village /McFadden Square Specific Plan will be amended to
reflect the proposed zone changes.
INITIATED BY: The City of Newport Beach
Robert Lenard, Advance Planning Manager, explained that
revised charts and maps were attached to the Supplemental Staff
Report and distributed to the Planning Commission prior to the
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public hearing. Mr. Lenard explained that the reductions in
density and intensity of development adopted as part of the
General Plan Amendment in October, 1988, are being
implemented through this zone change. He explained that
commercial density reductions and the R -2 and R -1 zone changes
have already occurred, and the remaining multi- family residential
parcels in the City are now being considered for zone changes to
the Multi- Family Residential District. Mr. Lenard indicated that
public notices concerning the proposed zone change were mailed
to affected property owners, and that 150 telephone calls were
received from property owners as a result of the public notice.
Mr. Lenard explained the colored exhibit identifies the location
of the zone changes, and the charts and maps attached to the
staff report describe the affected blocks and individual lots.
Mr. Lenard stated that an amendment to the MFR District will.
be heard by the Planning Commission on March 8, 1990, to
address the minimum lot size to construct a duplex. The
proposed amendment to the MFR zone will allow for the
construction of two units on lots of at least 2400 square feet in
size. For development of more than two units, the density
standards are established on the Districting Maps. Mr. Lenard
explained that the reason for this change is because several
subdivided lots currently developed with multi- family structures
are not large enough to develop more than a single family
dwelling. In response to a question posed by Chairman
Pomeroy, Mr. Lenard replied that the Carnation Avenue and
Seaview Avenue area in Corona del Mar would primarily be
affected by said change. Discussion ensued between the Planning
Commission and Mr. Lenard regarding proposed amendments
that will be coming to the Planning Commission concerning
duplex and multi- family development.
Commissioner Pers6n addressed the MFR Zone Change Chart
that is attached to the Supplemental Staff Report, and he
discussed with Mr. Lenard what is proposed for the 400 block of
East Bay Avenue, the area is currently zoned R -3, lot sizes vary
from 2,000 to 8,550, and the proposed density is 1,200 square
feet for each lot. The future dwelling units allowed for this block
would vary from 1.67 to 7.13. Mr. Lenard explained that there
will be no change in the number of allowable dwelling units in
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the block. He further explained that blocks that were
substantially committed to multi - family residential have remained
multi - family in the General Plan even though there are lots that
are too small to construct more than a single family dwelling.
Mr. Hewicker stated that a property owner may be able to
develop one large dwelling unit on the property in accordance
with the MFR Standard.
In response to a question posed by Commissioner Edwards,
discussion ensued concerning State Laws that require consistency
of the Circulation and Land Use Elements of the General Plan.
The public hearing was opened in connection with this item, and
Mr. Robert Sprague, 101 Bayside Place, property owner with his
brother of Carnation Cove Apartments located at 205 Carnation
Avenue, appeared before the Planning Commission. He stated .
that his brother owns the property located at 207 Carnation
Avenue. Mr. Sprague opposed the proposed amendment on the
basis that the buildable area of the subject property would be
considerably reduced because the slope of the property is greater
than 2 to 1, and a portion of the property is submerged land.
Commissioner Pers6n pointed out that 12 dwelling units exist at
205 Carnation Avenue and the staff report chart shows 25.08
units as the number of future dwelling units. Mr. Lenard
indicated the adopted General Plan established a density of 2,178
square feet of land area per dwelling unit excluding slope areas
greater than 2 to 1 and submerged land; however, a future
revision to the MFR District would implement the provision of
the General Plan concerning slope and submerged areas. In
response to a question posed by Commissioner Pers6n, Mr.
Lenard replied that the proposed revision to the MFR District
would not permit 25 dwelling units at 205 Carnation Avenue
assuming Mr. Sprague's comments regarding slope area were
accurate.
In response to a question posed by Chairman Pomeroy regarding
the number of properties that would be affected by the foregoing
revision concerning slope and submerged areas, Mr. Lenard
replied there are several properties located in Corona del Mar
that would be affected by the amendment to the MFR District.
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Mr. Sprague and Commissioner Pers6n discussed what portion of
the 54,617 square foot lot could be considered buildable, and the
size of the existing 12 units. In response to a question posed by
Commissioner Pers6n, Mr. Sprague replied that he contemplated
30 to 40 units could be developed on the property.
In response to questions posed by Commissioner Debay regarding
unique lots, Mr. Lenard explained that the General Plan requires
2,178 square feet of land area per dwelling unit less any
submerged lands or slopes greater than 2 to 1. Thd zoning
regulations, when adopted, would require the same density
standard as the General Plan without the ability to increase the
number of units by discretionary action. Mr. Lenard further
replied that a slope analysis is the only way to determine which
portion of the Carnation Cove property contains slopes of 2 to
1, and submerged land area. To determine the permitted number
of dwelling units, subtract the area of land or a slope of greater
than 2 to 1 and the area of submerged lands from the total lot
size. Then divide that number by 2178 to obtain the number of
dwelling units. Mr. Lenard stated that subsequent to when the
.
General Plan was adopted, all of the projects have been required
to conform with the density standard of the General Plan;
however, property owners have been allowed to use the
development standards of the existing zoning district.
In response to a question posed by Commissioner Edwards, Mr.
Sprague replied that 40 to 50 percent of his property could be
considered flat and not submerged. He explained that a gentle
slope existing on a side of his property is buildable. Mr. Sprague
objected to restricting the lot to only 12 allowable units because
of the unusual characteristics of the property.
Commissioner Pers6n stated that the MFR Zone Change Chart
indicates that Mr. Sprague would be allowed up to 25 units
inasmuch as there is no information pertaining to the slope and
the submerged land. Mr. Lenard explained that 25 units would
be the maximum number of units allowed assuming that the land
is flat.
In response to a question posed by Commissioner Debay, Mr.
Lenard confirmed that Mr. Sprague's property is probably a
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coastal bluff with limits on excavation and development. Mr.
Hewicker advised that many restrictions have been made by the
Coastal Commission and the City subsequent to when 205
Carnation Avenue was originally developed.
In response to a question posed by Commissioner Glover
regarding the 'Future DU Allowed' category as indicated on the
MFR Zone Change Chart, Mr. Lenard confirmed that the
number of dwelling units as stated would not be adopted. The
'Future DU Allowed' column is only a guide to the possible
number of units.
In response to a question posed by Chairman Pomeroy, Mr.
Hewicker explained that the City determines the number of
dwelling units to be developed in an area based on the Land
Use and Circulation Elements. Commissioner Pers6n addressed
concerns that were expressed regarding density standards when
the Planning Commission adopted the General Plan.
Mr. John Sipple, 452 Seaward Road, Vice President of the
Corolido Community Association, representing 24 property
owners, appeared before the Planning Commission. Mr. Sipple
referred to the map designating the change from R -3 -B to MFR-
B. He explained that the property owners dedicated 10 feet to
construct Shorecrest Lane and an additional 5 feet to enable the
residents to receive public services. Mr. Sipple indicated that the
supplemental staff report revised the proposed density of the
area to 1,770 square feet compared with 1,900 square feet as
stated in the original staff report. Mr. Sipple suggested that a
revision be made to consider zero setbacks for the Shorecrest
Lane area. Mr. Sipple objected to the designated density of
1,770 square feet based on the average lot size of each property
owner which is 5,386 square feet. He explained that the .33
additional guest parking space per unit in addition to the
required 2 parking spaces per unit would increase the required
parking spaces 37 percent. Mr. Sipple commented that 2
required parking spaces would be consistent with the Coastal
Commission's requirements; however, .33 is not needed for guest
parking and the property owners do not have that space available
for additional parking. Mr..Sipple supported the .33 parking
space requirement if a unit is reconstructed; however, he opposed
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the requirement if a homeowner was sunply remodeling the unit.
Mr. Sipple and Commissioner Pers6n discussed the notification
to the property owners regarding the zoning reclassification.
Mr. Sipple indicated that the majority of the homeowners in the
Corolido Community Association are opposed to the MFR -B
District until all of their concerns have been addressed, i.e.:
setback requirements, the property owner's average lot size, and
the .33 guest parking space.
Commissioner Pers6n and Mr. Lenard discussed the feasibility of
continuing the subject amendment until the property owners'
concerns have been addressed.
The Planning Commission recessed at 9:00 p.m. and reconvened
at 9:10 p.m.
Commissioner Debay stated that the MFR Zone Change Chart
in the Supplemental Staff Report was not corrected to show that
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the proposed density on Seaward Road and Shorecrest Lane was
changed from 1,900 square feet to 1,770 square feet, and the
allowable future dwelling unit would change from 2.91 units to
3 units.
Mr. Donald Bendetti, 188 Emerald Bay, Laguna Beach, appeared
before the Planning Commission representing property located at
824 West 15th Street, Newport Terrace Mobile Home Park. Mr.
Bendetti requested a clarification of the proposed change from
the U -2178 MHP District to the MFR District. Mr. Lenard stated
that there will be no change in the status of the Mobile Home
Park, and the only future change would be if the mobile home
overlay zone would be removed and the property would be
developed under the new zone. Mr. Lenard clarified the zone
change from U -2178 MHP, (mobile home overlay zone), to MFR
2178 (MHP). In response to a question posed by Mr. Bendetti,
Mr. Lenard explained that the density will remain at 20 units per
acre.
Mr. Lou Vondyl, representing the Board of Directors for
Newport Bay Towers and 49 homeowners, 310 Fernando,
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appeared before the Planning Commission. Mr. Vondyl
expressed the homeowners concerns regarding the appraising of
legal nonconforming buildings damaged by catastrophic causes.
Discussion ensued regarding what form of discretionary action
the homeowners would take to reconstruct the building if the
building were destroyed as a result of a catastrophic disaster.
Mr. Lenard explained that the Supplemental Staff Report shows
the Newport Bay Towers density to be the same as the existing
number of units. He said the only change would be the
Development Standards. Mr. Lenard explained that 90% damage
of the appraised value allows the City to potentially approve
buildings that are inconsistent with the Development Standards
or density standards.
Ms. Ellie Burns, 4208 and 4216 Patrice Road, appeared before
the Planning Commission. Ms. Burns opposed the MFR District.
on the basis that the rezoning would limit development, and
additional development standards would diminish the value of the
property. She indicated the MFR District combines different
areas of the City which should be subject to different density and
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development standards.
Mr. Barney Flamm, Long Beach, property owner at 869 - 875
ni
15th Street, appeared before the Planning Commission. Mr.
Flamm addressed the number of units that could be developed
on his property. He also indicated his concern that all of his
parcels are not listed on the chart, and he requested a
clarification of how the easements could be considered in the
land calculation. Mr. Lenard replied that 9 units could be
developed at 869 W. 15th Street, and easements are not
deductible from the gross lot size. Peter Carlson, Assistant
Planner, explained that more than one address was identified for
the entire parcel in the Assessor's Parcel Records and only one
address was selected to represent the parcel. Mr. Hewicker
explained that there is a provision in the Zoning Code that does
not allow additional units to be built as a result of combining
parcels. Mr. Carlson indicated that two parcels - 869 - 875 15th
Street and 871 - 15th Street are shown on the Assessor's Parcel
Map.
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Mr. Timothy Randall, Attorney on behalf of the Channel eef
Community Association, 2525 Ocean Boulevard, appeared before
the Planning Commission. Mr. Randall addressed his concerns
regarding reconstruction after a catastrophic disaster that would
destroy the building 100 %, and the property owners being able
to meet the parking requirements in the MFR District. In
response to a question posed by Commissioner Debay, Mr.
Lenard explained that in the discretionary action, the City would
review the project and existing parking regulations in the event
of a 100% disaster.
Mr. Michael Mack, 2524 Seaview Avenue, appeared before the
Planning Commission in opposition to the MFR District since the
new zone would only permit a single family dwelling.
There being no others desiring to appear and be heard, the,
public hearing was closed at this time.
Motion
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Commissioner Pers6n made a motion to approve adopt
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Resolution No. 1214, recommending that the City Council
approve Amendment No. 698. Motion voted on, MOTION
CARRIED.
Request to appeal the decision of the Cif+ Traffic Engineer
Discussion
regarding the minimum driveway width on property located at
Items
3430 -3438 Irvine Avenue.
No. 1
Don Webb, City Engineer, stated that when the Building Permit
plans were reviewed to convert a single family dwelling to. an
3430 -3438
office use on the subject property, it was noticed that the existing
Irvine Ave
driveway on Irvine Avenue is approximately 17 feet wide which
is less than the required 24 foot wide standard driveway. Mr.
sustained
Webb stated that based on the Irvine Avenue traffic, the
Staff's
driveway should be widened to at least 24 feet which would
Decision
require the building to be cut back approximately three feet so
there would be adequate ingress and egress. Mr. Webb
distributed photographs of the site, wherein he pointed out that
a power pole needs to be relocated and the driveway flared out
for safety purposes. Mr. Webb indicated that the change from
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a residential use to a combination of residential and business use
on the site would bring more activity to the driveway.
In response to a question posed by Commissioner Debay, `Mr.
Webb explained that all access to several residential units and an
existing garage at the back of the property is from Irvine
Avenue. Mr. Webb commented that the front dwelling unit is
being converted from a residential use to a commercial use.
Mr. Paul Koshi appeared before the Planning Commission. Mr.
Koshi indicated that the subject property is in escrow for
commercial development. Mr. Koshi described from a diagram
the existing driveway and the proposed driveway that could be
divided for ingress /egress. He stated that the existing 4 unit
building at the rear of the property provides 6 parking spaces,
and adequate parking would be provided for the converted office
building. He explained that a total of 15 parking spaces would
be provided on the site.
Discussion ensued between Mr. Koshi, Commissioner Debay, and
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Mr. Webb with respect to how the landscaping, curb, power pole,
and existing driveway could be modified to improve traffic
circulation and egress /ingress.
In response to a question posed by Commissioner Merrill, Mr.
Webb replied that a loop driveway does not currently exist;
however, he said that staff would not object if the property
owner could provide . said driveway. Commissioner Merrill
maintained that it would be difficult to turn from Irvine Avenue
to the property as Mr. Koshi described from the diagram.
Commissioner Di Sano and Mr. Webb discussed the widening of
Irvine Avenue into northbound three lanes. Commissioner Di
Sano expressed his concerns regarding the safe access to the
driveway from Irvine Avenue. In response to a question posed
by Commissioner Di Sano, Mr. Koshi explained that he has a
desire to utilize the building without remodeling the existing
rooms.
In response to a question posed by Commissioner Edwards, Mr.
Webb replied that the right tam lane on Irvine Avenue in front
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of the subject property will not be striped for about six months.
Commissioner Edwards, Chairman Pomeroy, and Mr. Webb
discussed the feasibility of moving the power pole.
Commissioner Pers6n commented that the Planning Commission
should not encourage situations that would slow down the traffic
Motion
*
inasmuch as the City is attempting to improve vehicular
circulation by widening Irvine Avenue. Motion was made to
support staff s decision to require a minimum driveway width of
24 feet in conjunction with the intensification of use proposed for
the subject site.
Commissioner Glover concurred with the foregoing statement.
All Ayes
Motion voted on, MOTION CARRIED. .
s s s
Request to appeal the denial of Approval In Concept 2805 -89
Item 2
AIC 2805 -89
for the construction of a duplex on property located at 309 East
Edgewater Avenue in the R -1 District on the Balboa Peninsula
Mr. Timothy Randall, Attorney, representing Louis Sands IV,
property owner, appeared before the Planning Commission. Mr.
Randall indicated that subsequent to filing the appeal of the
denial of Approval in Concept 2805 -89, Mr. Sands is no longer
requesting a duplex on the subject location; however, Mr.
Randall requested that Mr. Sands be allowed to develop a single
Denial Sustained
Aal of
Approval
family structure in accordance with the R -3 development
standards.
Commissioner Pers6n referred to the staff report which states
that "any further development must be done under the R -1
standards ", which is a statement of fact, and the Planning
Commission shall only consider the appeal of the denial of the
Approval in Concept. Commissioner Pers6n explained that Mr.
Sands had the opportunity to develop a single family structure
under the R -3 development standards until December 13, 1989.
In response to a question posed by Chairman Pomeroy, Mr.
Randall replied that new plans were not submitted for Approval
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in Concept before February 14, 1990.
Commissioner Debay referred to the staff report wherein it is
stated that Mr. Sands received an extension to submit plans for
a single family structure meeting the R -3 development standards
to February 14, 1990, and that Mr. Sands continued to refuse to
design a conforming structure. Mr. Randall explained that Mr.
Sands was in the process of examining whether a duplex would
be allowable during that time.
In response to a question posed by Commissioner Edwards,
Robin Flory, Assistant City Attorney, replied that the Planning
Commission would not be required to make a finding to sustain
the denial of an Approval in Concept.
Motion
*
Motion was made to sustain the denial of Approval in Concept.
All Ayes
2805 -89 for the construction of a duplex at 309 E. Edgewater
Avenue.
Commissioner Pers6n supported the motion on the basis that the
•
R -3 density standard has remained on the property since 1959
and Mr. Sands was given ample opportunity to construct a
duplex.
Motion was voted on, MOTION CARRIED.
: : s
Amendment No. 700
Item 3
Request to consider possible revisions to Title 15 and Title 20 of
A700
the Newport Beach Municipal Code related to Report of
Residential Building Records.
set for
PH 4 -5 -90
Motion
Motion was made and voted on to set this item for public
All Ayes
hearing on April 5, 1990. MOTION CARRIED.
s s s
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Planning mmi ioner' Institute- Planning
Commission Meeting of March 22 1990 and Joint Study Session
Cancelled
with the City Council on March 26, 1990,
3 -22 -90
PC Meeting
The Planning Commission cancelled the regularly scheduled
Planning Commission meeting of March 22, 1990, because of the
Planning Commissioner's Institute in San Diego.
Additional Business
Additional
Business
Debay
Excused
Motion
All Ayes
Motion was made and voted on to excuse Commissioner Debay
from the March 8, 1990, Planning Commission meeting.
MOTION CARRIED.
ADJOURNMENT: 10:20 p.m.
Adjournment
JAN DEBAY, SECRETARY
CTI'Y OF NEWPORT BEACH PLANNING COMMISSION
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