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Home My WebLink About03/08/1973. COMMISSIONERS CITY OF NEWPORT BEACH y�G�22 ;p Cm�y,n >O m n N T9a?, m Adjourned Planning Commission' Meeting Place: City Council Chambers x P Time: 7:30 P.M. ROLL cr►u r Data- March 8. 1973 Present Absent Motion Ayes Absent 0 n LJ MINUTES INDEX xxxxxx X' EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director David R. Baade, Assistant City Attorney STAFF MEMBERS James D. Hewicker, Asst. Community Development Director William R. Laycock, Senior Planner Dottie Banks X X X X X X X X Minutes of the Regular Meeting of March 1, 1973 were approved as written with the request to re- check Exception No. 2 on page 5 of the motion regarding commercial districts in connection with Amendment No. 363. I Item #Al AMENDMENT Proposal to amend Chapters 20.22, 20.24 and 20.26 of the Newport Beach Municipal Code to either re- move residential uses as a permitted use in com- mercial zones or to permit residential uses in the C -1, C -2 and C -0 Districts subject to a Use Permit. NO. 360 APPROVED . Initiated by: The City of Newport Beach Chairman Glass reviewed the application and staff report with the Planning Commission. Assistant Community Development Director Hewicker emphasized that the staff feels that residential uses should be deleted entirely as a permitted use in commercial districts; and if residential uses are to be permitted in commercial districts, they should be allowed in a district containing appro- priate development standards for residential - commercial mixture. The public hearing was opened. J. H. Rutledge, 419 East Balboa Boulevard, appeared before the Planning Commission and requested Page 1. COMMISSIONERS CITY OF NEWPORT BEACH yc m4r i m; p r m i MINUTES • � Z P A ROLL CALL March 8, 1973 INDEY clarification of this item from the staff and the Commission. He also commented that the service station and doughnut shop in his area should be in a C -1 zone. James W. Read, Jr., Seal Beach, California, appeared before the Planning Commission and re- quested clarification of this item from the staff and the Commission relative to use permits and variances. John W. Tucker, 8132 East Bay Avenue, Balboa, addressed the Planning Commission commenting on zoning and land use of his sister's property. Allan Beek, 28 Beacon Bay, addressed the Planning Commission in favor of establishing a new zoning district and in opposition to use permit procedure. Discussion followed on maximum square footage, land use, justification for zoning changes, stability factor, viable mix, P -C zoning, ownership in • Planned Community, and possible C -R (commercial - residential) zoning. J. H. Rutledge again appeared before the Commission and commented on the number of people on the Balboa Peninsula living above or beside their businesses, and the compatability of residential and commercial, and recommended continued residen- tial uses in commercial districts. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, the Planning Commission moved Ayes X X X Xfor adoption of Amendment No. 360 deleting residen- Noes X X tial uses as a permitted use in the C -1, C -2, and Absent X C -0 Districts. Motion carried. Motion X The Planning Commission made a further motion to instruct the staff to investigate and prepare a draft for public hearing on the possibility of establishing a C -R (Commercial - Residential) zone which would preserve in certain commercial areas the predominance of commercial uses on the first floor and limited residential uses on the second floor to be established in areas where the • Planning Commission sees fit. Motion X The Planning Commission amended previous motion so that staff also be instructed to prepare a draft to include the development of 'residential uses in Page 2. COMMISSIONERS CITY OF NEWPORT BEACH gmG�S'S3P MINUTES, ALL m March 8, 1973 iunoY Ayes Absent Motion Ayes Absent • Is commercial zones, such as in the Newport Center area. Following discussion, amendment was with- drawn. X X X X X X The motion was voted on and carried. x x The Planning Commission moved that the staff pre - X X X X X X Pare a draft for Commission's consideration sug- x gesting the reduction of the minimum acreage re- quirement for the P -C District and bringing various figures to the Commission with an accompanying analysis. Motion carried. Item #A2 Request to permit the construction of a 6 unit USE apartment building in the C -1 -Z District. PERMIT 1654 Location: Lots 9, 10, and 11, Block 10, Balboa Tract, located at 700 - 702 -704 East CONT. TO Ocean Front at the northeasterly APRIL 19 corner of East Ocean Front and Washington Street on the Balboa Peninsula. Zone: C -1 -Z Applicant: James W. Read, Jr., Seal Beach Owner: Basil K. Williamson, Balboa Chairman Glass reviewed the application and staff report with the Planning Commission. Assistant Community Development Director Hewicker stated that in view of the action taken on previ- ous item, the staff would recommend that the use permit be denied and that zone change (Amendment 363) is still pending in this area which recom- mends that subject property be rezoned_ to R -1.5. The public hearing was opened. James W. Read, Jr., 172 College Park Drive, Seal Beach, California, applicant, appeared before the Planning Commission, commented on this request, and asked for a continuance. There being no others desiring to appear and be heard, the public hearing was closed. Page 3. COMMISSIONERS CITY OF NEWPORT BEACH YC m�9n`94 R N T T • <N � P Z m MINUTES Rots CALL m m March 8, 1973 INDEX • Motion Ayes Absent Motion Ayes Absent 9Moti Ayes Absent X X X X X X X Following discussion, the Planning Commission con - tinued this item to April 19, 1973. Item #A3 Request to permit the construction of a duplex on allSE lot in the C -1 District. PERMIT 655 Location: Lot 12, Block 3, Balboa Tract, located at 410 East Balboa Boulevard CONT. TO on the north side of East Balboa APRIL 19 Boulevard between Cypress and Adams Streets on the Balboa Peninsula. Zone: C -1 Applicant: William K. Stine, Balboa Owner: Same as Applicant Chairman Glass reviewed the application and staff report with the Planning Commission and opened the public hearing. Chairman Glass stated that since the applicant was not present that this matter be continued, and closed the public hearing. X X X X X X X X The Planning Commission continued this matter to April 19, 1973. Item #A4 Request to amend a portion of Districting Map. No 11 from a C -1 District to an R -2 District. AMEND - M NO. 356 Location: Lots 9, 10, 11, 12, 13, and 14, Block 6, Balboa Tract, located at CONT. TO 500- 502 -504- 506 - 508 -510 East Ocean MARCH 15 Front on the northerly side of East Ocean Front easterly of Adams Street on the Balboa Peninsula. Zone: C -1 Initiated by: The City of Newport Beach X X X X X X X X The Planning Commission continued this matter to March 15, 1973, at the request of the staff. Page 4. • 0 COMMISSIONERS rwc+xx3p m� T y�yin yT y�Y�O ALL"S CITY OF NEWPORT BEACH March 8, 1973 MINUTES INDEX Request to permit the construction of a single- Item #B1 VARIANCE family dwelling that exceeds the height limit NO. T-024 ordinance. DENIED Location: Lot 9, Tract 1026, located on the south side of Ocean Boulevard betwee Jasmine and Larkspur Avenues in Corona del Mar Zone: R -2 Applicant: Mrs. Roberta J. Fraser Corona del Mar Owner: Same as Applicant Chairman Glass reviewed the application and staff report with the Planning Commission. Assistant Community Development Director Hewicker stated that the staff would like to add an addi- tional condition to staff's recommendations: Public view from the park area adjoining Ocean Boulevard of the sand and water areas of Corona del Mar State Beach shall be preserved. Mr. Hewicker further stated that they had received 3 more letters today in opposition to the appli- cant's request and passed out copies to the Commission. Chairman Glass stated that the total of letters in opposition now were 10 and 1 in favor and a peti- tion in opposition containing 124 signatures. In response to the Planning Commission, Assistant City Attorney Baade stated that sometime in 1951 the owners of certain lots in Corona del Mar, of which this lot is included, petitioned the City fo a zone change from R -1 to R -2 which was granted with a provision that the owners of these lots execute deed restrictions, which C.C. &R.'s indi- cated view protection and access. A court de- termination on these deed restrictions interpreted no vehicular access as opposed to pedestrian access. Mr. Baade further stated that the City is not a Page 5. COMMISSIONERS CITY OF NEWPORT BEACH yC )Q vmgp m Z Z MINUTES ROLL CALL March 8, 1973 INDEX party to the deed restrictions and cannot enforce them; and Mr. Baade advised that the Commission act upon this matter based on the merits of the application and not upon the Covenants, Conditions and Restrictions. Discussion followed on number of duplexes in area and issuance of curb cuts for street access. Public hearing was opened. Carl S. Kegley, attorney representing the appli- cant, addressed the Planning Commission and com- mented and answered questions on this matter, and passed out pictures of the area to the Commission. Richard Pleger, architect for the applicant, appeared before the Planning Commission and answered questions about the contemplated structure relative to view orientation, grade, conformity with staff's recommendations, and height while • indicating on plot plan and renderings. In response to the Commission, Assistant Community Development Director Hewicker commented on topo- graphy and grade of location while pointing to plot plan. Discussion followed on Condition No. 2, eliminating garage; boundaries of park; access; driveway parking; and turnaround. The following persons appeared before the Planning Commission in opposition to this request: Tulley H. Seymour, attorney representing Sam Howard, 3116 Ocean Boulevard, across the street; Sam Howard, 3116 Ocean Boulevard, Corooa del Mar; Dean E. Bottorf, 221 Larkspur Avenue, Corona del Mar; Fred M. Anderson, 210 Larkspur Avenue, Corona del Mar; • an unidentified woman; Stephen Coontz, 54 Beacon Bay, Newport Beach, an attorney with Rutan & Tucker, Santa Ana, repre- senting Dr. and Mrs. Michael C. McNalley, 3228 Ocean Blvd., Corona del Mar; Page 6. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES P A D m G„"�Drt`g0 T�DN TDB, a�in r„ f Z y • Z ROLL CALL r March 8. 1973 INDEX Sharon McNalley, 3228 Ocean Blvd., Corona del Mar; and Mr. Clinton, 3108 Ocean Blvd., Corona del Mar. Discussion followed on court decision of C.C: &R.'s on vehicular access, City's park plan, and pedes- trian access. The following persons again appeared before the Commission: Carl S. Kegley; Tulley H. Seymour; Sam Howard; and Richard Pleger. Discussion followed on additional building applica- tions, number of lots developed as R -2, and struc- ture constructed behind ma`n house. There being no others desiring to appear and be heard, the public hearing was closed. Discussion followed on height limitation, public . right -of -way, public view, vehicular access across park, staff's conditions, uniqueness of hardship, placement of structure on hillside, 3 -story build- ings, and definition of "story ". Motion X The Planning Commission moved for denial of Varianc Application N. 1024. Motion X The Planning Commission made a substitute motion that Variance Application No. 1024 be approved to exceed the height limit only as specifically re- quested in the application, subject to the condi- tion that the public view of the sand and water areas shall be preserved to the satisfaction of the Community Development Department, and that all necessary evidence be submitted to the Department to satisfy this condition. Commissioner Beckley commented on substitute motion as to public view factor, traffic problem, use of park for recreational purposes, and building on this site with access from Ocean Boulevard. Ayes X Following discussion, the Planning Commission voted Noes X X X X on substitute motion. Motion ,failed. Absent • X Ayes X X X X X The Planning Commission voted on original motion. Noes X Motion carried. Absent X Page 7. COMMISSIONERS CITY OF NEWPORT BEACH G+r^r'gR'g0 rn FqN Tq-r �m p Z A MINUTES 2 ROLL CALL March 8, 1973 INDEX Motior Ayes Abseni • Motior Ayes Noes Absent n U X The Planning Commission moved that the following X X X X X X action be taken: (1) the action on improving the X curb cut be revoked and the approval of the curb cut be removed; (2) that the entire strip of land be included in the City ark plan if it is not already included; and (3� that the portion of right -of -way not now used as a street which can be converted to a park be included in the open space element. Motion carried. tem #B2 Request to create two parcels of land where one ESUB- lot now exists. IVISION 0. 380 Location: Lot 1, Tract 7694, located westerly of MacArthur Boulevard and north- PPROVED westerly of Jamboree Road in ONDI- "Newport Place ". MONALLY Zone: P -C Applicant: Edker Pope, Corona del Mar Owner: Same as Applicant Engineer: Donald E. Stevens, Inc., Costa Mesa Chairman Glass reviewed the application and staff report with the Planning Commission. Bill Langston of Costa Mesa, representing the applicant, addressed the Commission on this re- quest and stated they are agreeable to staff's conditions. Discussion followed on conditions relative to con- struction of sidewalks, access from Bristol Street, and the potential use of the residual parcel. X Following discussions, the Planning Commission X X X X made the finding that the Commission would oppose X X any request to revise the Planned Community stan- X dards that would permit other uses not currently allowed within the automobile center area of "Newport Place ", and approved Resubdivision Application No. 380, subject to the following conditions: 1. That a parcel map be filed. Page 8. 0 0 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES � Z p au y � March 8. 1973 INDEX 2. That a six foot wide P.C.C. sidewalk be con- structed immediately behind the. curb along the Dove Street frontage of Parcel #2 only. 3. That separate water and sewer services, satis- factory to the Public Works Department, be pro- vided to each parcel. 4. That the applicable conditions of approval applied to the Tentative Map of Tract No. 7382 be fulfilled (i.e., street trees, dedication of access rights on Jamboree Road, completion of improvements on Jamboree Road, etc.). Item #B3 Request to permit the construction and operation SE of an automobile sales and service facility in the ERMIT Planned Community of "Newport Place ". 1657 Location: Portion of Lot 1, Tract 7694, located PPROVED westerly of MacArthur Boulevard and - northwesterly of Jamboree Road in TIONALLY "Newport Place ". Zone: P -C Applicant: James Parkinson, Irvine Owner: Edker Pope, Corona del Mar Chairman Glass reviewed the application and staff report with the Planning Commission. In response to the Planning Commission, Assistant Community Development Director Hewicker stated that this is the third automobile agency proposed in the Planned Community and due to problems in the past with the illumination of one of the agencies, that staff's fourth condition on illumination be amended. Discussion followed on standards of illumination developed by the Emkay Development Company, iden- tification sign on the rear of the site, P -C stan- dards on signs, wall and special purpose signs. Chairman Glass opened the public hearing. Bill Langston of Costa Mesa, representing the applicant, appeared before the Planning Commission and commented and answered questions on this re- quest. Page 9. COMMISSIONERS CITY OF NEWPORT BEACH yG�mCvmYO ,mi. K N m MINUTES P Z P 2iIL CALL March 8, 1973 INDEX Further discussion followed on identification signs. Larry Somers of Emkay Development Company appeared before the Commission and stated that they agreed with conditions of the staff, that identification signs are governed and controlled by the C.C. &R.'s on the property, and that the Emkay Development Company has disapproved the proposed sign on Jamboree Road street frontage. There being no others desiring to appear and be heard; the public hearing was closed. Motion X The Planning Commission approved Use Permit Appli- Ayes X X X X X X cation No. 1657 subject to the following conditions: Absent X 1. That development shall conform to the plot plans and elevations as submitted except for minor modifications which may be approved by the Director of Community Development and other exceptions as noted below. • 2.. The automobile service and storage areas shall be enclosed within a masonry wall except for gates which may be of chain link construction. Said wall shall be constructed to a height of eight feet and shall be combined with plant materials selected for their height and spread which will provide and maintain a screen from adjoining sites. 3. That the site shall be landscaped substantially in conformance with the landscape plan as sub- mitted except for modifications which may be recommended by the Emkay Development Company or suggested and approved by the Director of Parks, Beaches and Recreation. All landscaped areas shall be separated from an adjacent vehi- cular area by a wall or curb at least six inches higher than the adjacent vehicular way and shall be equipped with an automatic irri- gation system and shall be permanently main- tained. 4. Exterior illumination of the premises shall be permitted subject to standards developed by the Emkay Development Company which set forth • criteria as to number, location, height, size, and wattage of each fixture. Said standards shall be reviewed and approved by the Director Page 10. COMMISSIONERS CITY OF NEWPORT BEACH mn1r Nv �� m ^ m Z Z MINUTES ®n„ re„ m Ma r r h R 1Q72 - of the Community Development Department. All fixtures shall be directed and shielded as required to confine any visible light source to the premises. 5. That the identification sign on the rear of the site shall.not be permitted. 6. No rotating, flashing, blinking or signing with animation, flags, banners or other attention- attracting devices shall be permitted on a permanent basis. Attention - attracting devices may be permitted: a. For thirty days, when connected with the official grand opening of the new dealer- ship. b. For fourteen days each calendar year.during the new car model announcement time. • 7. That a six foot wide P.C.C. sidewalk be con- . strutted immediately behind the curb along the Dove Street frontage.. 8. That the applicable conditions of approval applied to the Tentative Map of Tract No. 7382 be fulfilled (i.e., street trees, dedication of access rights on Jamboree Road, completion of improvements on Jamboree Road, etc.). 9. That a resubdivision be approved. ADDITIONAL BUSINESS Motion X Planning Commission adopted Resolution No. 796 RES. NO Ayes X X X X X X setting a public hearing for April 5, 1973 to con- 796 Absent X sider Amortization Ordinance. Motion X There being no further business; Planning Ayes X X X X X X Commission adjourned at 11:15 P.M. Absent X hJAELINE E. HEATHER Secretary, Planning Commission City of Newport Beach, Califor Paap 11 is