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HomeMy WebLinkAbout03/07/1974COMMISSIONERS f+ m at CALL Present Motion All Ayes 0 Motion All Ayes 0 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 x x x x x x x 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 m mFm v� m xi RCfil CALL Motion All Ayes P 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. Page 2. COMMISSIONERS CITY OF NEWPORT BEACH T T f i x 11` MINUTES T A m QAl1. Cell T p p Ma",h 7 107A 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 Page 3. COMMISSIONERS CITY OF NEWPORT BEACH F Y T (� T m T T 7A V"- C < T `Z T P G T rAll TO P P March 7 107A MINUTES 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 m m a T Z< < Z A P R6LL CALL i Motion Ayes Noes 0 Motion Ayes Noes C] 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. X X X X X X X X 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 X X X X X X meeting of April 18, 1974. Page 5. COMMISSIONERS Y m (� Im ` - A P P ROL CALL r P Motion All Ayes r1 U CITY OF NEWPORT BEACH MINUTES • a . +.� 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 n J> R A 0 m AL CALL Motion All Ayes 0 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 P P A w OL CALL 0 0 MINUTES March 7, 1974 �nvex 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. Page B. COMMISSIONERS CITY OF NEWPORT BEACH y m T 2 ,a m f+ `m I19L CALL Motion All Ayes MINUTES March 7. 1974 - 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 la m <£ 1 a m Z ,mo P R L CALL Motion All Ayes C, MINUTES 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 m 1Z p A 1 , rein 11K" MArrh 7 107d MINUTES 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. • 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 n tT • � £ T A T 1K P P ROLL CALL A' Motion Ayes Noes 0 MINUTES MArrh 7. 107A - -- -- --• 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 Is f+ p Ntm mom Y� m Zs 4 T P m Z A p R L CALL Motion Ayes No Motion Ayes Noes n 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. r 1 COMMISSIONERS CITY OF NEWPORT BEACH D T S x v p m m i x rail m A p p1 Marrh 7_ 1974 MINUTES 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 • Page 14.