HomeMy WebLinkAbout03/07/1974COMMISSIONERS
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Present
Motion
All Ayes
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Motion
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CITY OF NEWPORT BEACH
Regular Planning Commission Meeting
Place: City Council Chambers
Time: 3.39 —P M * -7;00 P.M.
nafc• Manrh 7 1074.
MINUTES
119 V CA
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EX- OFFICIO MEMBERS
R. V. Hogan, Community Development Director
David•R. Baade, Assistant City Attorney
Benjamin B. Nolan, City Engineer
STAFF MEMBERS
James D. Hewicker, Assistant Director - Planning
William R. Foley, Senior Planner
Rodney L. Gunn, Advance Planning Administrator
Shirley L. Harbeck, Secretary
X
Minutes of the Regular Meeting of February 7, 19749
were approved as written.
Item #1
Request to amend portion of Districting Maps Nos.
AMENDMENT
11 2, and 22 -A from the R -2, R -3 and Unclassified
Districts to the Open Space (OS) District.
REMOVED
Location: Property generally bounded by West
MR—
Coast Highway on the north, 56th
AG DA
Street on the east, Seashore Drive
on the south and the Santa Ana
River on the west; and property
generally bounded by the bluff line
on the north, Newport Boulevard on
the east, West Coast Highway on the
south and Superior Avenue on the
west (P.E. Right -of -Way) in West
Newport.
Initiated by: The City of Newport Beach
X
Planning Commission removed this matter from the
agenda as recommended by the Staff.
Page 1.
COMMISSIONERS CITY OF NEWPORT BEACH
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Motion
All Ayes
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MINUTES
M h 7 1974
arc , IPIYCA
Request to amend a portion of Districting Map No.
NT
Pem
46 from the Unclassified District to the Open
Space (OS) District.
Location: A strip of land approximately 600
R
feet in depth lying parallel to and
MMA
north of West Coast Highway between
Superior Avenue on the east and the
City Boundary Line on the west
(Freeway Right -of- Way).
Initiated by: The City of Newport Beach
X
Planning Commission removed this matter from the
agenda as recommended by the Staff.
tem #3
Request to permit the construction of an automatic
SE
car wash in conjunction with a proposed automobile
service station in the P -C District, and the
TRIT
10. 1706
ONT. TO
acceptance of an Environmental Document.
Location: Portion of Lot 3, and Lot 4, Tract
PRIL 18
7953, located at the northeasterly
corner of MacArthur Boulevard and
Jamboree Road in "Koll Center
Newport ".
Zone: P -C
Applicant: Texaco Inc., Los Angeles
Owner: Koll Center Newport, Newport Beach
Assistant Community Development Director Hewicker
presented the Negative Declaration to the Planning
Commission for review and read a letter dated
March 7, 1974, which had been received from James
Merrick of the Texaco Station located at MacArthur
Boulevard and Campus Drive in opposition to the
proposed service station and car wash.
Public hearing was opened in connection with this
matter.
Tim Str.ader, Attorney, appeared before the Plannin
Commission on behalf of the applicant and concurre
with the .conditions as recommended by the staff.
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COMMISSIONERS CITY OF NEWPORT BEACH
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INDEX
Jim Federhart of Alan M. Voorhees and Associates,
traffic consultant retained by the City of Newport
Beach, appeared before the Planning Commission to
answer questions relative to the traffic study and
reviewed the revised plan indicating traffic patterns
on the site as well as ingress and egress. He
advised.that traffic into the service station was
considered in view of the present gas shortage
circumstances and felt that the plan would work in
today's situation, therefore it would work during
normal circumstances. Mr. Federhart reviewed the
operation of the car wash.including the detailing
area and number of cars which could be handled in
said area, the stacking area for the gas pumps, and
,maximum number of cars per hour going through the
car wash.
Tim Strader appeared before the Pl.anning Commission
to review the site and compared the size of same
with other car washes.
Bob Bein representing Koll Center Newport appeared
•
before the Planning Commission to review the revise
plan, indicating the various stacking lanes to be
used for gas only customers as well as car wash -gas
customers and alternatives which could be used
during peak hours to alleviate congestion. Planning
Commission discussed the number of employees and
parking to be provided for said employees. They.
also discussed the number of service bays proposed
and required parking for each.
Stuart McGuire, Regional Supervisor, Distribution
Development for Texaco appeared before the Planning
Commission in response to the letter of opposition
written by James Merrick and advised that Texaco
does not plan to construct this facility under the
present product shortage circumstances but propose
to purchase the property from Koll Center Newport
for future construction of the facility.
Robert E. Burglin, 517 S. Archer, Anaheim, appeare
before the Planning Commission in opposition to
the car wash and service station due to the fact
that he cannot obtain gasoline from any company
including Texaco because of the gas shortage and
feels it is unfair to construct new facilities
•
when existing facilities cannot obtain gas.
Jack Shea, Beacon Bay Enterprises, appeared before
the Planning Commission in opposition to the request
because of the close proximity to their facilities
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COMMISSIONERS CITY OF NEWPORT BEACH
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INDEX
and commented that the operation proposed had not
been completely presented as to hours of operation,
number of employees, type of equipment in order to
comply with noise levels, etc., compared the pro-
posed facility with their facilities, felt that the
traffic engineer should take another look at the
traffic situation, presented statistics received
from Union Oil Company as to sale of gasoline, and
generally disagreed with the staff report.
Tim Strader appeared before the Planning Commission
in response to statements that the application was
untimely and premature and compared the original
plan with the revised plan which was designed
after meeting with the staff and traffic engineer..
Stuart McGuire appeared before the.Planning Commis-
sion and reiterated that they have no intentions
of constructing the facility under the present
circumstances but do believe the site is a good
location and wish to purchase same for future
construction as proposed.
•
City Engineer Nolan commented that he had discus se
the application with the Traffic Engineer, Mr. Bill
Darnell, and they are satisfied that the plan as
revised will protect the public interests i'n so
far as traffic and circulation are concerned.
Bob Bein appeared before the Planning Commission
and again reviewed the revised site plan indicatin
the detailing areas and the exits from the propert
.
Jim Federhart appeared before the Planning Commis -
sion.to answer additional questions relative to the
traffic study and traffic patterns in and around
the site.
Dave Hildebrand, Western Regional Manager for
American Car Wash Systems, appeared before the
Planning Commission and commented on the operation
of a car wash, and questioned the layout configur-
ation of the proposed site, utility consumption,
and noise level of the equipment proposed.
There being no others desiring to appear and be
heard, the public hearing was closed.
Pion
x
Motion was made to deny Use Permit No. 1706, because
of the number of traffic problems on site as well
as off site which include cross -over situations
and conflicting traffic movements, the apparent
Page 4.
COMMISSIONERS CITY OF NEWPORT BEACH
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Motion
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Motion
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Noes
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MINUTES
March 7 1974
muon
lack of employee and customer parking, and the
present circumstances concerning shortage of gas.
Planning Commission discussed the motion and the
possibility of continuing the matter in order to
obtain answers to the various conflicting statemen.
s
and secure more detailed information on the opera-
tion proposed.
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Substitute motion was made to continue the matter.
to April 18, 1974, in order that more detailed
information could be obtained on the specific
operation of the facility.
Item #4
Request to create one parcel of land for commer-
cial development where one lot and a portion of
RESUB-
DIVISION
another lot now exist.
N0. 420
Location: Portion of Lot 3, and Lot 4, Tract
CONT. TO
APRIL 18
7953, located at the northeasterly
corner of MacArthur Boulevard and
Jamboree Road in "Koll Center
Newport ".
Zone: P -C
Applicant: Koll Center Newport, Newport Beach
Owner: Same as Applicant
Engineer: Raub, Bein, Frost & Associates,
Newport Beach
Public hearing was opened in connection with this
matter and Chairman Agee stated an intent to
continue this matter along with the previous item,
Use Permit No. 1706.
There being no one desiring to appear and be heard
at this time, the public (fearing was closed.
X
Motion was made to continued this matter to the
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meeting of April 18, 1974.
Page 5.
COMMISSIONERS
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Motion
All Ayes
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CITY OF NEWPORT BEACH
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Request to delete one of the conditions of approv-
al on Resubdivision No. 417, creating two parcels
of land for development.
Location: Portion of Block 93, Irvine's Sub -
INUEJC
Item #5
RESUB-
D ISION
0.
Tff D D
division, located at 450 Newport
ONDITION
Center Drive East, on the south-
F APPR.
easterly corner of Newport Center
RE I E
Drive East and San Nicholas Drive
in Newport Center.
Zone: C -O -H
Applicant: Shuirman- Simpson, Newport Beach
Owner: The Irvine Company, Newport Beach
En-gineer: Same as Applicant
Public hearing was opened in connection with this
matter.
Don Simpson of Shuirman- Simpson, appeared before
the Planning Commission and stated that the staff
report clearly reflected the reason for the request.
There being no others desiring to appear and be
heard, the public hearing was closed.
Planning Commission discussed whether or not condi-
tions could be imposed on the property owner rat he
than the applicant, as they felt that since the
opportunity presented itself, the matter should be
resolved.
X
Following discussion, motion was made to delete
Condition No. 7 and that Condition No. 8 be re-
numbered to Condition No. 7 and be made to read
as follows:
7. That Parcel No. 2 as shown on the Tentative
Parcel Map be deleted and the land area contain-
ed in said Parcel be mapped and combined with
the land area contained in Parcel No. 1 of
Parcel Map 34/30 adjoining to the south. Prior.
to recordation of the Parcel Map as required
by Condition No. 1 above the property owner,
The Irvine Company, shall furnish the City an
agreement satisfactory to the Director of
Community Development and the City Attorney
Page 6.
COMMISSIONERS CITY OF NEWPORT BEACH
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Motion
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MINUTES
March 7, 1974
INDEX
guaranteeing the completion of a new survey
and the processing of a new resubdivision and
parcel map on the Newport Center Medical
Building Site prior to the occupancy of the
Great Western Savings and Loan Building pro-
posed for construction on Parcel No. 1.
Request to create one parcel of land for office building development where five lots now exist.
Le6
Location: Lots 32 through 36;. -Tract 3201,
located at 4500 Campus Drive, on
the easterly side of Campus Drive
between Dove Street and MacArthur
Boulevard, across Campus Drive from
the Orange County Airport.
Zone: M -1 -A
Applicant: Don Koll Co., Inc.; Newport Beach
Owner: Koll- Wells, a California Partnership,
Newport Beach
Engineer: Williamson. & Schmid, Santa Ana
Public hearing was opened in connection with this
matter.
Tim Strader appeared before the Planning Commission
on behalf of the Applicant and concurred with the
conditions as recommended by the staff.
There being no others desiring to appear and be
heard, the public hearing was closed.
X
Motion was made to approve Resubdivision No. 437
subject to the following condition:
1. That a Parcel Map be filed.
Planning Commission recessed at 9:25 P.M. and
reconvened at 9:35 P.M.
Page 7.
COMMISSIONERS CITY OF NEWPORT BEACH
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March 7, 1974
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Item #7
Request to create one parcel of land for office
building development where three lots, a portion
of a fourth lot, and a portion of Newport Boulevar
(vacated) now exist.
RESUB-
ff=ON
APPROVED
Location: Lots 21, 22, and 23, and a portion
of Lot 24, Block 9, Tract 27, and a
portion of Newport Boulevard (vaca-
CONDI-
I N LLY
ted) located at 401 and 403 North
Newport Boulevard, on the northwest-
erly corner of North Newport Boule-
vard and Hospital Road, adjacent to
Newport Heights.
Zone: C -1
Applicant: Newport Harbor -Costa Mesa Board of
Realtors, Newport Beach
Owner: Same as Applicant
Engineer: Raub, Bein, Frost & Assoc.,
Newport Beach
Commissioner Hazewinkel stated that he was a member
of the Newport Harbor -Costa Mesa Board of Realtors
but did not feel this should disqualify him.
Public hearing was opened in connection with this
matter.
Carl Thomas, Chairman of the Building Committee for
the Newport Harbor -Costa Mesa Board of Realtors,
appeared before the Planning Commission and stated
they.were concerned with Condition No. 2 as it
pertains to improvements on Hospital.Road.
Lyle Buttermore, building designer for the Board
of Realtors, appeared before the Planning Commissi
to answer questions regarding the request.
City Engineer Nolan commented on the existing slope
along Hospital Road and stated that no construction
problems are anticipated. He advised that a ditch
exists along Hospital Road which can be eliminated
and sidewalk constructed. It was noted that there
is an inlet at the corner and the sidewalk should
be designed so as to terminate in a fashion that
would not require modification of the inlet.
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COMMISSIONERS CITY OF NEWPORT BEACH
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Motion
All Ayes
MINUTES
March 7. 1974
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INDEX
There being no others desiring to appear and be
heard, the public hearing was closed.
Planning Commission discussed construction of
sidewalk on Hospital Road and the time constraints
involved with review of the engineering, filing of
the parcel map, and issuance of the building
permit. Following discussion there was an indica-
tion from the applicant that the conditions were
satisfactory.
X
Motion was made to approve Resubdivision No. 438
subject to the following conditions:
1. That a Parcel Map be filed.
2. That standard curb and gutter, sidewalk and
associated street pavement be completed along
the North Newport Boulevard and Hospital Road
frontages. These improvements shall be shown
on a standard size plan prepared by a register-
ed Civil Engineer.
Item #8
Request the approval of a Final Map to subdivide
FINAL MAP
14.002 acres into 54 lots for attached single
TRACT
family residential development and one landscaped
$47-6
lot.
APPROVED
Location: Portion of Block 96, Irvine's Sub-
CONDI-
division, located on the northeast-
TIONALLY
erly corner of Harbor View Drive
and Marguerite Avenue (Phase.II -
Jasmine Creek).
Zone: P -C
Applicant: M. J. Brock and Sons, Inc.,
Los Angeles
Owner: The Irvine Co., Newport Beach
Engineer: Ervin Engineering, Los Angeles
Leland Johnson with Ervin Engineering, appeared
before the Planning Commission to answer questions
and concurred with the conditions as recommended
by the staff.
Page 9.
COMMISSIONERS CITY OF NEWPORT BEACH
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Motion
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INDEX
X
Planning Commission approved Final Map Tract 8426,
subject to the following conditions:
1. That all applicable conditions of approval for
the tentative map of Tract No. 7967 be fulfill.e
.
2. That the street lighting system along the
private streets be dedicated to the City and
be constructed in accordance with current
standards, except that the Public Works Depart-
ment may give special consideration to the type
of luminaire to be installed.
3. 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.
4. '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.
tem #9
Request to amend a portion of Districting Map No.
kMENDMENT
26 from the R -1 District to the R -2 District.
28
Location: Portion of Lot 28, Newport Heights,
ENIED.
located at 647 Irvine.Avenue, on
the northwesterly side of Irvine
Avenue between Margaret Drive and
Holly Lane in Newport Heights.
Zone: R -1
Applicant: Robert F. and Jane E. McGiffin
Newport Beach
Owner: Same as Applicant
Public hearing was opened in connection with this
matter.
Page 10.
coMMissioNeRS CITY OF NEWPORT BEACH
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Mrs. McGiffin, applicant, appeared before the
.Planning Commission and presented a letter to the
Commission requesting they initiate an amendment
to the General Plan in order that this request
could be granted. She explained the .project pro-
posed for the property, disagreed with the staff
report and stated the area was spot zoned with use
other than single family residential on surroundin
land plus the close proximity to the high school..
She did not feel the letter of opposition from
Nell Aretta had any merit; if the application was
denied, requested a refund of the filing fee; and
requested again that the City initiate an amendmen
to the General Plan.
Assistant Community Development Director Hewicker
commented that staff had tried to discourage filin
of this application on several occassions which
was disputed by Mrs. McGiffin and that the only
change in the staff report would be that the
structure at Margaret and Irvine was a duplex
rather than two detached single family residences,
.
but in any case there were two units on the properly.
There being no others desiring to appear and be
heard, the public hearing was closed.
Community Development Director Hogan advised the
Commission of alternative actions which could be
taken in connection with this request. He also
advised that applicants are discouraged from filin
amendments which are contrary to the General Plan
but that applicants still have the right to file.
In discussing the General Plan text, Rod Gunn,
Advance Planning Administrator appeared before the
Commission and advised that all duplex and multipl
family areas were specifically delineated on the
Residential Growth Map.
Motion
X
Motion was made to continue this matter to the
meeting of May 9, 1974, in order that information
may be presented on the possibility of amending
the General Plan in the area.
During discussion of the motion it was Mrs. McGiff
n's
desire to speak, therefore, the Chairman re- opened
the public hearing.
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Mrs. McGiffin stated that the type of houses in
the area and the high cost of construction did not
make it desirable to build a single family house.
Page 11.
COMMISSIONERS CITY OF NEWPORT BEACH
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Motion
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MArrh 7. 107A
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mveA.
There being no others desiring to appear and be
heard, the public hearing was again closed.
Planning Commission discussed the General Plan as
it pertained to this area and there was a general
indication that same was satisfactory, therefore
any delay in resolving the matter could be mis-
leading.
X
Following discussion, a substitute motion was made
X
X
X
X
X
to deny Amendment No. 428.
X
X
ADDITIONAL BUSINESS:
Appeal of Donald Lewis from decision of the staff.
APPEAL
based on the interpretation of the Zoning Code.
FROM
S TTF-F
Location: 4301 Birch Street, Newport Beach
D CIS ION
GRANTED
Zone: M-1 -A
Community Development Director Hogan reviewed the
request with the Planning Commission and read the
uses allowed in the 14-1 -A District. He advised
that the use requested was for the operation of a
health club and the staff did not feel that this
was.a permitted use under the M -1 -A District.
Assistant Community Development Director Hewicker
commented on the uses mentioned in Mr. Lewis'
letter of February 27, 1974, and advised that the
General Plan reflects the area as a combination of
retail and service commercial uses as well as
administrative, professional and financial uses
and the type of use requested would fit within
the description of the retail and service commer-
cial area, however, the zone has not as yet been
changed in the area to conform to the General Plan.
Planning Commission discussed the existing uses
and whether or not said uses fit the existing
zoning.
Don Lewis, owner of the building, appeared before
the Planning Commission and presented them with a
survey indicating existing uses of which 27 are
more suitable to the commercial area than the 14-1 -A
District. He also stated that previous uses allow-
ed in the M -1 -A District and established in his
Page 12.
COMMISSIONERS CITY OF NEWPORT BEACH
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Motion
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Motion
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MINUTES
March 7 1974
MUCA
building were very noisy and undesirable and he
has since replaced them with office type uses.
Ne presented letters of approval received from
surrounding occupants of the use requested.
John Robbins appeared before the Planning Commis-
sion to explain the operation and answer questions
relative to the health club.
Planning Commission discussed parking and the fact
that were the zoning made to comply with the Gener
1
Plan, the use would be allowed with no problems.
X
Following discussion, motion was made to overrule
X
X
X
X
X
X
the decision of the staff and declare the use to
X
be a professional use under the M -1 -A standards.
Request to accept EIR /NB 74 -046 - Environmental
EIR /NB
Impact Report for the Circulation Element of the
MO
Newport Beach General Plan.
CIRCULA-
Initiated by: The City of Newport Beach
TIN -
€C€WENT
Advance Planning Administrator Gunn reviewed the
Environmental Impact Report with the Commission
ACCEPTED
.and advised of changes in the wording of Item X
and XI on Page 7 as recommended by.the Environment
1
Affairs Committee.
X
Following review and discussion, motion was made
X
X
X
X
X
X
to accept the Environmental Impact Report on the
X
Circulation Element of the Newport Beach General.
Plan.
Site Plan Revisions - Areas 1 and 6 of Big Canyon-
RACTS
McLain Development Company.
8444
ND
Assistant Community Development Director Newicker
8445
reviewed the revised site plans of Areas 1 and
6 in Big Canyon which reflected less units with a
lower density, 3 to 1 parking with additional on-
street parking for guests, and additional recrea-
tion areas which included tennis courts.
Following review and discussion, Planning Commis-
sion felt that the revisions were a substantial
improvement over the original plans and that the
new plans complied with the requirements recom-
Page 13.
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COMMISSIONERS CITY OF NEWPORT BEACH
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mended by the Planning Commission and approved by
the City Council. Planning Commission indicated
their approval to proceed with the final maps of
the development as revised.
Motion
X
There being no further business, Planning Commis -
All Ayes
sion adjourned the meeting. Time: 11:20 P.M.
JOSEPH ROSENER, JR.; Secretary
Planning Commission
City of Newport Beach
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Page 14.