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HomeMy WebLinkAbout03/17/1977COMMISSIONERS 9 B P 4 1' � A <0 F�7�o to. soy ROLL CALL Present Absent Motion bent beent n LJ City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. Date: March 17, 1977 x x x x X x EX- OFFICIO MEMBERS R. V. Hogan, Commu Hugh Coffin, Assis Benjamin B. Nolan, STAFF MEMBERS James D. Hewicker, William R. Foley, Shirley Harbeck, S Minutes of the Reg 1977, were approve Request to create development and re areas, and one cow for parking, ingre areas. Location: Parc (Res 510C corn Aven Zone: P -C Applicants: Warr NewF Owner: The Engineer: Inn( New[ Assistant Communii reviewed the provi ment of Community city Development Director Cant City Attorney City Engineer Assistant Director - Planning Environmental Coordinator �cretary ular Meeting of February 17, d as written. MINUTES five parcels of land for office lated parking and landscape mon lot area to be developed ss and egress, and landscape el No. 1 of Parcel Map 60 -17 ubdivision No. 434) located at Campus Drive, on the southerly er of Campus Drive and.Teller ue in Koll Center Newport. INDEX Item #1 RESUB- DIVISION NU—.-R-2— APPROVED CONDI- TIONALLY — ,en E. Ten Eyck and John E. Wellsl, ort Beach Irvine Company, Newport Beach vative Consultants, Inc., )ort Beach .y Development Director Hewicker lions for review by the Depart - Development and the Don Koll Page 1. COMMISSIONERS �y City of Newport Beach March 17, 1977 MOLL CALL Company and presented a letter signed by Koll Center Newport and Langdon & Wilson, Architects, commenting on the proposal and the incompatibili of the architectural character of the structures They further stated that their concerns need not delay approval of the resubdivision since these concerns would be handled through the design review process provided by the Planned Community Development Standards. Public hearing was opened in connection with thi matter. Andrew Koltavary, 3740 Campus Drive, Engineer, appeared before the Commission on behalf of the applicant, and concurred with the staff report and recommendations. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make V Ayes X X X X X X following findings: Absent X 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the propo <. subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for thf type of development proposed. 4. That the site is physically suitable for tht proposed density of the development. 5. That the design of the subdivision or the proposed improvements will not cause substai tial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed improvements are not likely to cau! serious public health problems. 7. That the design of the subdivision or the pi posed improvements will.not conflict with ai easements, acquired by the public at large, Page 2. -111(b. MINUTES • ty 1- iy INONX C� • COMMISSIONERS City of Newport Beach MINUTES March 17, 1977 ROLL CALL for access through or use of, property withi the proposed subdivision. 8. That the discharge of waste from the propose subdivision will not result in or add to any violation of existing requirements prescribe by a California Regional Water Quality Contr Board pursuant to Division 7 (commencing wii Section 1300) of the Water Code. 9. That the granting of the lot size exception will not be detrimental to the public welfar or injurious to other property in the vicini in which the property is located. 10. The proposed use of similar exterior materii (i.e. stucco, wood, and glass) and the con- temporary style of the proposed office built ings will maintain the architectural characl and intended unity and character of the ent' • development. Therefore, the Development Considerations as outlined in the Planned Community Development Standards are being mI and the requested site area exception is approved. and approve Resubdivision No. 542, subject to tl following conditions: 1. That a parcel map be filed. 2. That all public improvements be constructed as required by ordinance and the Public Worl Department. 3. That the water system be in accordance with the requirements of the Irvine Ranch Water District. 4. That the public sewer lines be extended so that each lot has an individual sewer later connection to the public system to the sati faction of the Public Works Department. 5. That all applicable conditions of approval • for Tract No. 7953 be fulfilled. 6. That P.. C. sidewalk having a minimum width of six feet be constructed along the Campus Drive and Teller Avenue frontages. Page 3. INOEX n d d of h e ty Is er re �t, ie ;s tl s- COMMISSIONERS City Of Newport Beach MINUTES R y(' y� ORS �� .; (� • March 17, 1977 POLL GALL 7. That easements dedicated to the City be a minimum of 15 feet in width, with wider easements provided where required by the Public Works Department. 8. That all vehicular access rights to Campus Drive be dedicated to the City except for, optionally, one driveway approach. If the developer desires to have the one driveway approach on Campus Drive as shown on the plc plan, it shall be restricted to "Right Turn Only," and a raised median island constructe on Campus Drive from Teller Avenue to the easterly property line. The exact location and design of the driveway and the median island shall be approved by the Traffic Engineer. 9. That the driveway aisle from Teller Avenue be revised to align with the interior throuc aisleway and that location and design of the driveway approach be approved by the Traffic Engineer. 10. That the street improvements and sewer fac- ilities be shown on standard improvement pla prepared by a licensed civil engineer. 11. That a standard subdivision agreement with accompanying security be provided if it is desired to record the parcel map or obtain a building permit prior to completion of the public improvements (recordation of parcel map is required prior to issuance of buildir permits). 12. That detailed landscaping plans, including z watering system and schedule for installatic shall be prepared by a landscape architect and shall be subject to approval by the Director of Community Development and the Director of Parks, Beaches and Recreation. Said landscaping may consist of lawn, trees; shrubbery and other plant materials. The landscaping and watering system shall be installed in accordance with the approved plan and shall be properly maintained. Arei used for parking shall be screened from viev or have the view interrupted by landscaping and /or fencing from access streets and adja- cent properties. Page 4. In INOGX 0 COMMISSIONERS ROLL CALL 0 • City of Newport Beach March 17, 1977 MINUTES here shall be submitted a declaration enants, conditions and restrictions g forth an enforceable method of insur- e installation and continued maintenanc exterior of each building and all area improvements including, but not d to landscaping, ingress, egress and g acceptable to the Department of ity Development, and in respect to enforceability, the City Attorney. 11 development standards of the Planned ity shall be met (i.e. building setbacks ape requirements, parking, signs, etc.). 2 and 3 were heard concurrently becaus •elationship. ) amend the Planned Community Developmeni 'Newport Place" to permit changes in the lap and Text, and the acceptance of an Ital Document. The Planned Community of "Newport Place;" bounded by Birch Street, MacArthur Boulevard, Jamboree Road and Bristol Street. Me Bill Langston, Newport Beach L. S. W. Ltd., Irvine o create one parcel of land for commer- lopment where two parcels now exist. Parcel 1 of Parcel Map 67 -21 (Resubdivision No. 473) and Parcel 2 of Parcel Map 81 -43 (Resubdivi- sion No. 519) located at 990 and 1000 Bristol Street (North) on the northeasterly side of Bristol Page 5. INDEX I tem #2 AMENDMENT NO. 488 RES. 984 A PTED Item #3 RESUB- DIVISION NO. 541 APPROVED CONDI- TIONAELY 13. That t of cov settin ing th of the common 1imite parkir Commur legal 14. That a Commur lands( Items Nos. of their I Request ti Plan for ' Land Use I Environmei Location: Zone: Applicant Owner: Request t cial deve Location: MINUTES here shall be submitted a declaration enants, conditions and restrictions g forth an enforceable method of insur- e installation and continued maintenanc exterior of each building and all area improvements including, but not d to landscaping, ingress, egress and g acceptable to the Department of ity Development, and in respect to enforceability, the City Attorney. 11 development standards of the Planned ity shall be met (i.e. building setbacks ape requirements, parking, signs, etc.). 2 and 3 were heard concurrently becaus •elationship. ) amend the Planned Community Developmeni 'Newport Place" to permit changes in the lap and Text, and the acceptance of an Ital Document. The Planned Community of "Newport Place;" bounded by Birch Street, MacArthur Boulevard, Jamboree Road and Bristol Street. Me Bill Langston, Newport Beach L. S. W. Ltd., Irvine o create one parcel of land for commer- lopment where two parcels now exist. Parcel 1 of Parcel Map 67 -21 (Resubdivision No. 473) and Parcel 2 of Parcel Map 81 -43 (Resubdivi- sion No. 519) located at 990 and 1000 Bristol Street (North) on the northeasterly side of Bristol Page 5. INDEX I tem #2 AMENDMENT NO. 488 RES. 984 A PTED Item #3 RESUB- DIVISION NO. 541 APPROVED CONDI- TIONAELY COMMISSIONERS A. City of Newport Beach March 25. 1977 BOLL CALL Street (North) between Spruce Avenue and Dove Street in "Newport Place." Zone: P -C Applicant: Bill Langston, Newport Beach Owner: L. S. W. Ltd., Irvine Engineer: Donald E. Stevens, Inc., Costa Mes Public hearings were opened in connection with these matters. Bill Langston, 18 Oak Crest Lane, appeared befor the Commission in connection with this matter an commented on the proposal. He presented photos and layouts of the proposed commercial center. In connection with Resubdivision No. 541, Mr. Langston requested that Condition No. 4 be amended to provide that the location of the driv way be subject to the approval of the Department of Public Works as there may be some change in the exact location. There being no others desiring to appear and be heard, the public hearings were closed. Motion X Motion was made that Planning Commission certify Ayes X X X X X X the negative declaration and adopt Resolution No Absent X 984 approving Amendment No. 488 with the changes as recommended in the staff report. Motion X Motion was made that Planning Commission make th Ayes X X X X X X following findings: Absent X 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the propos subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. Page 6. MINUTES • INOE.X n U R -541 • COMMISSIONERS *\1D W � 1''•1' CL p��s�pp (P! Oy City of Newport Beach March 17, 1977 POLL CALL 5. That the design of the subdivision or the proposed improvements will not cause sub- stantial environmental damage or substantial and avoidably injure fish or wildlife or the habitat. 6. That the design of the subdivision or the proposed improvements are not likely to caus serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at lar for access through or use of, property withi the proposed subdivision. 8. That.the discharge of waste from the propose subdivision will not result in or add to any violation of existing requirements prescribe by a California Regional Water Quality Contr • Board pursuant to Division 7 (commencing.wit Section 1300) of the Water Code. . 9. That the proposed map meets the development standards of the Newport Place Planned Comm ity. and approve Resubdivision No. 541, subject to tF following conditions: 1. That a parcel map be filed. 2. That all public improvements be constructed as required by ordinance and the Public Wort Department. 3., That P.C.C. sidewalk having a minimum width of six feet be constructed adjacent to the curb along Bristol Street (North). 4. That all vehicular access rights to Bristol Street (North) be dedicated to the City of Newport Beach, except for a 30 foot wide driveway approach centered on the easterly property line and a 32 foot wide driveway • approach approximately 160 feet east of the. westerly property line, the exact location being shown on the approved improvement pla for Bristol Street (North);.further provide that the exact location may be subject to Page 7. MINUTES ly it d of h un n d INDEX COMMISSIONERS SDy I. ROLL CALL City of Newport Beach MINUTES • March 17, 1977 cation as approved by the Department of Works. 4 and 5 were heard concurrently their relationship.. INOEX . Item #4 amend the Planned Community Text for AMENDMENT ace with regard to the parking require - 490 ;he Sheraton Hotel. CONT. TO The Planned Community of Newport TP RIL 7 Place, bounded by Birch Street, MacArthur Boulevard, Jamboree Road, and Bristol Street (North). P -C • Emkay Development and Realty Co., Newport Beach . amend Use Permit No. 1547 in order to :he proposed addition to the Sheraton to reconsider the parking requirements Parcel Nos. 1 and 2 of Parcel Map 40 -11 (Resubdivision No. 313) located at 4545 MacArthur Boulevard at the southwesterly corner of Mac Arthur Boulevard and Birch Street in Newport Place. Roman Kallmes, A.I.A., Newport Beach Cabot, Cabot & Forbes Land Trust, Boston, Mass. ier Balalis commented on the feasibility uing this matter until after the special sion of March 24th at which time the n is scheduled to discuss hotels within Df Newport Beach. Item #5 USE PERMIT NO. 1547 MENDED CONT. TO PRA 0 modifi Publi< Items Nos. because of Request V Newport P'. ment for 1 Location: Zone: Applicant Request t redesign Hotel and Location: Zone: Applicant Owner: Commissio of contin study ses Commissio the City cation as approved by the Department of Works. 4 and 5 were heard concurrently their relationship.. INOEX . Item #4 amend the Planned Community Text for AMENDMENT ace with regard to the parking require - 490 ;he Sheraton Hotel. CONT. TO The Planned Community of Newport TP RIL 7 Place, bounded by Birch Street, MacArthur Boulevard, Jamboree Road, and Bristol Street (North). P -C • Emkay Development and Realty Co., Newport Beach . amend Use Permit No. 1547 in order to :he proposed addition to the Sheraton to reconsider the parking requirements Parcel Nos. 1 and 2 of Parcel Map 40 -11 (Resubdivision No. 313) located at 4545 MacArthur Boulevard at the southwesterly corner of Mac Arthur Boulevard and Birch Street in Newport Place. Roman Kallmes, A.I.A., Newport Beach Cabot, Cabot & Forbes Land Trust, Boston, Mass. ier Balalis commented on the feasibility uing this matter until after the special sion of March 24th at which time the n is scheduled to discuss hotels within Df Newport Beach. Item #5 USE PERMIT NO. 1547 MENDED CONT. TO PRA 0 COMMISSIONERS City of Newport Beach MINUTES F �p Marrh 17. 1Q77 ROLL CALL Larry Sommers, Emkay Development Company, appear before the Commission in connection with the amendment and had no objection to the continuanc Roman Kallmes, Architect, 1201 Dove Street, advi he had no objection to the continuance and felt that it may be to their advantage under the circumstances. Motion X Following discussion, motion was made that Ayes X X X X X X Amendment No. 490 and Use Permit No. 1547 (Amend Absent X be continued to the meeting of April 7, 1977. Commissioner Seely declared himself to be in conflict of interest on the following item and therefore stepped down from the dais and refrain • from deliberation in connection therewith. Request to permit the expansion of the Pirates Inn restaurant facility in the C -1 District, and the acceptance of an offsite parking agreement f the required parking spaces. Location: Parcel 1 of Parcel Map 5.7 -20 (Resubdivision No. 412) located at 440 Heliotrope Avenue, on the Bout easterly side of Heliotrope Avenue between East Coast Highway and First Avenue in Corona del Mar. Zone: C -1 Applicant: John E. . Soukeras, Corona del Mar Owner: Same as Applicant Staff distributed a letter received from Donald G. Clark in support of the request and answered questions of the Commission relative to the off- site parking lot and required agreement. Public hearing was opened in connection with th, matter. John Soukeras, 440 Heliotrope Avenue, Corona del Page 9. ed e. ed or h - INOEX TIONALLY COMMISSIONERS $,t City of Newport Beach March 17, 1977 MOLL CALL Mar, applicant, appeared before the Commission and commented on his desire to upgrade the restaurant and provide a waiting area for custon ers. He also commented on the condition to pro- vide valet.parking and felt it would eliminate several on- street parking spaces and cause congestion in front of the restaurant. He woulc prefer to post a sign advising of the parking location and advised he has had no parking probl in the past and did not anticipate any in the future. Mr. Soukeras answered questions of the Commission relative to the proposed expansion ar his ability to obtain a three -year lease for th( off -site parking lot. Donald G. Clark, 411 Heliotrope, Corona del Mar, appeared before the Commission in support of th( request and felt that the restaurant was an ass( to the community. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make tl Ayes X X X X X following findings: Absent X X 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3..The Police Department has indicated that they do not contemplate any problems. 4. The proposed parking spaces.for the expanded restaurant use on a separate lot from the building site are justifiable for the follow- ing rearons: a. The subject parking lot is located only 200 feet from the restaurant site. b. Parking on the off -site parking lot will not create undue traffic hazards in the surrounding area. c. The applicant can provide a long term agreement for the use of the subject parl ing lot during the evening hours of the Page 10. MINUTES ie • INDEX 40 L COMMISSIONERS City of Newport Beach MINUTES 0. $� March 17, 1977 BOLL CALL week when the restaurant will be in operation. 5. The approval of Use Permit No. 1566 (Amender will not, under the circumstances of this ci be detrimental to the health, safety, peace; morals, comfort and general welfare of persc 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. and approve Use Permit No. 1566(Amended) subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all mechanical equipment and trash are+ • shall be screened from adjoining properties and from adjoining streets. 3. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 40 parking spaces shall b maintained at the easterly corner of Second Avenue and Goldenrod Avenue for at least three years. If the applicant loses the us of the subject parking spaces at a later da and cannot obtain the required number of pa ing spaces at another approved location, th net public area of the restaurant facility shall be reduced so as not to exceed the ne public area that currently exists on the si 4. That the hours of the operation of the rest rant facility shall be limited from 5:30 P. to 12:00 Midnight, daily, unless'an offsite parking agreement is approved for parking spaces during daytime hours. 5. That a sign be posted on the front of the premises indicating the location of the off • site parking lot, said sign to be approved by the Department Community Development. of 6. The approval for the sale of alcoholic beverages in the expanded restaurant shall be for a three year period:from the effecti date of this action, and any request for Page 11. Is to rk to a N. ve INDEX COMMISSIONERS O,y City of Newport Beach March 17, 1977 ROLL CALL extension shall be acted upon by the Modifi- cations Committee. The extension of the original Use Permit No. 1566 is hereby terminated. Commissioner Hummel advised that as a local resident, he had no objection to the restaurant because of its quiet low -key nature, however, he voiced concern with parking in the area and fell that valet parking would be detrimental and cau< more congestion. Commissioner Seely returned to the dais. Request to permit the construction of second floor room additions so as to expand The Surfer take -out restaurant facility in the C -1 District Further request to waive all of the required parking spaces in conjunction with the proposed development. Location: A portion of Lot 1, Block 22, Newport Beach, located at 2200 We: Ocean Front, on the northerly core of West Ocean Front and 22nd Stre( in McFadden Place. Zone: C -1 Applicant: Francis Ursini, Costa Mesa Owner: Same as Applicant Public hearing was opened in connection with this matter. Fran Ursini, 1803 Hummingbird, Costa Mesa, applicant, appeared before the Commission and advised that the restaurant has not been used ti its full potential with respect to allowable occupancy load and rather than just adding table he would like to remodel the second floor. He concurred there was a parking problem in the ari but felt it would exist regardless of the Page 12. MINUTES • e >t ie ?t �s ea MOY.X Item #7 USE POIT N . 1 83 DENIED COMMISSIONERS O�p�,s�A3(�� Z City of Newport Beach March 17 1977 POLL CALL remodeling because in his opinion the occupancy . would not be increased. Planning Commission discussed how the occupancy load was established and it was pointed out that occupancy was not based on the number of seats but rather by the square footage available to the public and, therefore,.any expansion would increase the occupancy load. It was also point out that the Fire Department set the occupancy load and an artificial occupancy could not be established by the Planning Commission. Peg Forgit, 2205 W. Balboa Boulevard, appeared before the Commission to comment on the desperat need for additional parking in the area and fell it was time for people to get together and do something about the parking situation. John Shea, 2214 West Ocean Front, appeared befo the Commission to comment on the request and thf parking problems in the area and felt that the Specific Area Plan for Cannery Village /McFadden Square should be completed before any businesses were encouraged to expand at this time. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Frederickson commented on parking and efforts presently under way to establish a parking district which would be very time consu ing. He felt that because of the lack of parki in the area, any changes or new uses should be required to comply with the present parking requirements. He further commented on the City responsibility to obtain property as it becomes available for parking. Motion X Motion was made that Planning Commission make the following findings: 1. That the restaurant addition would be • detrimental to adjacent property and improv ments in the area, since a substantial incre in parking demand is proposed without provis for on -site parking. 2. That there is not adequate on- street parkin in the area and a waiver of the parking Page 13. MINUTES e re m- ng e- ase ion INOEX COMMISSIONERS nQ 11. 1, V City of. Newport Beach MINUTES A. $z March 17, 1977 ROLL CALL requirement would be in conflict with the goals of the General Plan, and would not ser the general welfare of the City. and deny Use Permit No. 1823. Commissioner Balalis commented that denial of this application would not solve the parking problem and since he could increase the number of tables and provide room for more customers; he shoul.d be allowed.to upgrade his property and purchase "in lieu" parking spaces. Commissioner Hummel felt that the City could no longer afford to do things as they have in the past and that it was time to start looking towards a plan which would resolve some of the parking problems which exist in the area. Commissioner Seely advised that he was not again upgrading the property, however., the request would constitute an expansion of the intensity and felt that favorable action would be prematur in view of the work being done on the Specific Area Plan. Ayes X X X X X Folloiwng discussion, the motion was voted on Noes X and carried. Absent X Planning Commission recessed at 8:50 P.M. and reconvened at 8:55 P.M. Request to permit the installation of tennis court lighting on existing tennis courts on the Newport Beach Tennis Club site. Location: Parcel 1 of Parcel Map 5 -19, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, northerly of.Vista del Sol in Northbluff. Zones: R -4 -B -2 PRO and C -N -H Page 14. ve INDEX 0 Item #8 USE PERMIT I NT. 1824 APPROVED C NDI- TIONTELY COMMISSIONERS �Z City of Newport Beach March 17, 1977 POLL CALL Applicant: Newport Beach Tennis Club, Newpor• Beach Owner: The Irvine Company, Newport Beach Public hearing was opened in connection with th matter. James Dooley representing the Newport Beach Tenn. Club appeared before the Commission in connecti with this request. He advised of the increased demand for lighted tennis courts and presented slides showing the type and location of the proposed lights. He answered questions of the Commission and concurred with the staff report and recommendations. Roger Kerwin, 412 Vista Trucha, appeared before the Commission in opposition to the lighting because of the close proximity between the tenn • courts and his property. He presented a map indicating the distance to be between 53 and 55 feet away and commented on the adverse effect the lighted courts would have on his family. M. R. Collins, 460 Vista Trucha, appeared befor the Commission in opposition to the request because of the noise and lighting which would have an adverse effect on the nearby residents. John Kimmel, 4000 Park Newport, member of the Newport Beach Tennis Club, appeared before the Commission and commented on the need for more lighted tennis courts. Bill Hosfell, 2604 Basswood, Eastbluff, appeare before the Commission in support.of the request because of the need for additional lighted tenr courts. Bernard Pegg, 2633 Bamboo, commented that expansion of the lighted tennis courts would increase the noise; suggested that the General Plan address the subject of tennis courts and establish standards relative thereto; and suggested that any replacement of existing lights be the same as those proposed and that the existing lights be adjusted to eliminate glare which presently exists. He also suggest, that in order to conserve energy, all lights b Page 15. MINUTES is is >n is e n is 'd INDEX COMMISSIONERS City of Newport Beach Marrh 17. 1977 MOLL CALL turned off when not in use and that the courts for the exclusive use of members and their gues and in no way be open to the public. Mrs. M. R. Collins, 460 Vista Trucha, appeared before the Commission in opposition to the requ e because she felt the courts would not be used a the lights would be detrimental to the adjacent residents. Leo.Creeder, 322 Vista Trucha appeared before the Commission in favor of the request and felt that the lights would increase the value of the club and therefore increase the value of the adjacent properties. Mrs. R. L. Risley, 2601 Raqueta, appeared before the Commission in opposition to the request because of the lights, noise, and unsightly pol She also commented on the lack of maintenance o the landscaped area adjacent to the courts. Gail Kerwin, 412 Vista Trucha, appeared in oppo tion to the request because of the increase in noise. Evelyn Shasta, 414 Vista Trucha, appeared before the Commission in opposition to lighting of Court No. 18 because of the adverse effects whi would be placed on the adjacent residents. Jeff Hodd appeared before the Commission on beh of State Recreation, Inc., the manufacture of t h lighting system, and reviewed the proposed light Richard Cooling, 452 Vista Trucha, appeared before the Commission and read a letter from Mr. and Mrs. Knalley, at 450 Vista Trucha in opposi- tion to lights on Court 18 and a letter signed by his wife in opposition to the lights on Court 18. James Dooley appeared before the Commission and answered questions relative to the operation anc management of the courts. In answer to the possibility of lighting only a portion of the requested courts or substituting other courts which are further from the residents, Mr. Dooley advised that this would be difficult inasmuch as work had already been started and the poles were already in place. Page 16. MINUTES INONX be is s nd es. f • si- ch al e S.1 • COMMISSIONERS w' vo v �o sip 2G s� City of Newport Beach MINUTES March 17. 1977 ROLL CALL Roger Kerwin, 412 Vista Trucha, appeared before the Commission and advised that the stanchions had already been installed to which he further objected because prior permission had not been obtained. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make. tF following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impacts. 3. The approval of Use Permit No. 1824 will not • under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persi residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1824, . subject to the following conditions: 1. That development shall be in substantial conformance with the plans submitted by the applicant except as noted below. 2. That the lighting system shall be designed and maintained in such a manner as to conce the light source . and to minimize light spillage and glare to the adjacent residen- tial uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating tha in his opinion, this requirement has been m • 3. Court No. 18 shall not be lighted. In no scheduled competitive events o addition, teaching shall be permitted on Court No. 18 4. Courts Nos. 7, 8, 9 and 10 may be lighted, however, these courts shall not be used Page 17. )n it t, et Mon x COMMISSIONERS p s�� �y City of Newport Beach March 17 1977 MOLL CALL unless all of the remaining lighted courts are in use. The lights on these courts shal be turned off when the courts are not in use and in any case they shall be turned off by 10:00 P.M. No teaching shall be allowed on these courts after 5:00 P.M. Motion X An amendment to the motion was made that Court Ayes X X X No. 10 not be lighted. Amendment failed. Noes X X X Absent X Ayes X X X X X The original motion was then voted on and carri Noes X Absent X Request to permit interior alterations and the construction of first, second and third floor room additions on an existing single family dwelling with the following nonconforming featur 1.) a one car garage (where two garage spaces a required); and 2.) the existing single family dwelling and related garage encroach onto the Seashore Drive right -of -way (where the Code does not permit any encroachments). The proposed development will eliminate the existing noncon- forming features along Seashore Drive. One garage space and one partially covered parking space are proposed (where the Code requires two garage spaces). Furthermore, portions of the proposed remodeled structure exceed the basic height limit within the 24/28 Foot Height Limitation District. Location: A portion of Lot 8, Block F, Seashore Colony Tract, located at 6605 Seashore Drive, on the south• erly side of Seashore Drive betwe Colton Street and Lugonia Street West Newport. Zone: R -2 Applicant: Elizabeth B. Spurr, Newport Beach Owner: Same as Applicant Page 18. MINUTES • IiuONX ed. Item #9 USE AT NO'. 1826 es: APPROVED re CONDI- TIONFTLLY en in i COMMISSIONERS 0 IS. 1, City of Newport Beach MINUTES • 9( 5 ; (� March 17, 1977 MOLL GALL Staff advised that the comments in the letter received from H. F. Whitley which was attached the staff report pertained to property at anoth location and, therefore, should be disregarded. Public hearing was opened in connection with th matter. Elizabeth Spurr, 218 Via Graziana, appeared before the Commission and concurred with the staff report and recommendations. Madeline Lottes, 6601 Seashore, appeared before the Commission in opposition to the request because she felt it was inconsistent with what, had been allowed in the past. Margaret Hall, 6604 W. Oceanfront, requested clarification on the location of the garages ani commented on a power pole in the alley which ma; • block access to the parking. Assistant Community Development Director Hewick reviewed the plot plan, elevations, and propose parking. He also recommended that a condition be added relative to the relocation of the powe, pole if there was a possibility that it would block access to the parking. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was.made that Planning Commission make Ayes X X X X X the following findings: Noes X Absent X 1. That the proposed use is consistent with th Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The proposed development will result in mor, public visual open space, since the Ordinan would permit the construction of a pitched . roof with a maximum height of 29 feet to cover the entire buildable area of the site The proposed dormers and cupola.that exceed the basic height limit are architectural features that are minor in nature. The Page 19. to e is er d ce INOKX COMMISSIONERS n'A oC O.f, Ain � G7i �M City of Newport Beach March 17. 1977 ROLL GALL removal of existing building encroachments i the Seashore Drive right -of -way will also create more public visual open space in the area. In addition, the existing nonconformi one car garage that encroaches to the north- westerly side property will be removed so as to provide the required 4 foot side yard setback. 4. The proposed steep gabled roof and related dormers and cupola will result in a more desirable architectural treatment of the building and more appealing visual character of the area than is required by the basic. height limit. 5. The increased building height of the propose development will not result in undesirable c abrupt scale relationships between the structure and the existing two -story buildir on adjoining properties. 6. The structure will have less floor area.thar could have been achieved without the use permit. A floor area of 1,875 sq. ft. ± is proposed, where the Ordinance would permit 2,530 sq. ft. ± of floor area, based upon to times the buildable area of the lot as permitted in the R -2 District. The proposec construction also is consistent with the Coastal Commission requirement of 1:5 times the buildable area of the site, which would allow 1,898 sq. ft. ± of development. 7. The approval of Use Permit No. 1826 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persc residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1826, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. Page 20. MINUTES I INOEX n ng rd r Igs i ro ., in! • COMMISSIONERS wt City Of Newport Beach l � MINUTES March 17, 1977 ROLL CALL 2. That the two proposed parking spaces shall b maintained for vehicular storage at all time 3. That the utility meters (water and gas) be moved from the street to their normal locati 4. That all work be done under an encroachment permit obtained from the Public Works Depart ment. 5. That if the power pole located in the alley is found to interfere with access to the proposed parking, the applicant shall be responsible for its relocation. Request to permit the construction of a duplex • and related garage spaces in the C -1 District. The proposed duplex encroaches to within 5 feet 6 inches of the rear property line (where the Ordinance requires a 10 foot rear yard setback i the C -1 District when abutting an alley). Location: Lot 5, Block 4, Balboa Tract, located at 411 East Balboa Boule- vard, on the southerly side of Eas Balboa Boulevard, westerly of Adaa Street on the Balboa Peninsula. Zone: C -1 Applicants: Mr. & Mrs. Spencer Henry, Orange. Owners: Same as Applicants Staff commented that if the use permit was approved, they would like to have the applicant stipulate that he would not oppose any action by the City attempting to reclassify the property to residential and bring it into conformance wit the General Plan. • Public hearing was opened in connection with thi matter. Spencer Henry, 2744 Roberta Drive, Orange, applicant, appeared before the Commission and Page 21. S. INOEX Item #10 USE PERMIT I APPROVED COW- - TIONALLY COMMISSIONERS City OI Newport Beach MINUTES A. Marr.h 17_ 1977 POLL CALL concurred with the staff report and recommenda- tions, including the rezoning of the property to residential. Frank Marshall, 611 West Bay, appeared before the Commission and objected to the condition relative to rezoning the property, however, he had no objection to the construction of the proposed duplex. Planning Commission discussed reclassification of property in order to bring it into conformanc with the General Plan as required by State Law. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make th Ayes X X X X X X following findings: Absent X 1. That the proposed residential development is consistent with the General Plan, and is compatible with surrounding land uses. The proposed development will also eliminate an older single family dwelling on the site. 2. That the proposed development meets or exceE all of the required Residential Development Standards (i.e. floor area limit, open spacE option, building height, parking, etc.). 3. That the establishment of a 5 foot 6 inch rear yard setback along the rear property, line will not, under the circumstances of tf particular case, be detrimental to the heals safety, peace, comfort and general welfare of persons residing or working in the neigh- borhood of such proposed use or be detriment or injurious to property and improvements it the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legis- lative intent of Title 20 of this Code. 4. The approval of Use Permit No. 1827 will not under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of pers( residing and working in the neighborhood or be detrimental or injurious to property and Page 22. ie :h )n INOIX • n U COMMISSIONERS °Q� v� OO�TpR1�yG `MFR City of Newport Beach MINUTES • �� p March 17, 1977 POLL CALL improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1827, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That the existing driveway approach on Balbo Boulevard be closed up. 3. That the displaced and broken sidewalk in th existing driveway approach area be replaced. 4. That the work be done under an encroachment permit obtained from the Public Works Depart ment. Request to permit the establishment of bakery - restaurant facility with on -sale beer and wine in the Newport Hills Center. Location: Lot 1, Tract No. 9014, located at. 2616 San Miguel Drive, on the sou easterly corner of San Miguel Dri v and Ford Road in the Newport Hills Center. Zone: P -C Applicant: Richard A. Knauseder, Los Angeles Owner: The Irvine Co., Newport Beach Public hearing was opened in connection with th, matter. Richard Knauseder, applicant, appeared before th Commission and concurred with the staff report • and recommendations. These being no others desiring to appear and be heard, the public hearing was closed. Page 23. e INOHX Item #11 APPROVED C � th- TONALLY e e COMMISSIONERS 9�F�C PC'S'pp0/SV�, �'�S�ta City of Newport Beach March 17, 1977 MOLL CALL Motion X Motion was made that Planning Commission make tl Ayes X X X X X X following findings: Absent X 1. That the proposed use is consistent with thl Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that th( do not contemplate any problems. 4. The approval of Use Permit No. 1828 will not under the cirucrostances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persc residing and working in the nei- ghborhood or the general welfare of the City. and approve Use Permit No. 1828, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That a minimum of one parking space for eaci 40 square feet of "net floor area" in the restaurant facility shall be maintained in the common parking lot. 3. That all mechanical equipment, storage, and trash areas shall be screened from adjoinin, properties and public streets. 4. That all exterior signs shall be in accord- ance with the approved sign standards permi ted in Area 14 of the "Harbor View Hills" Planned Community. 5. That the bakery- restaurant facility shall not be open for business prior to 9:00 A.M. or after 10:00 P.M., seven days a week. 6. That this approval shall be for a period of two years, and any extension shall be subje to the approval of the Modifications Committee. Page 24. MINUTES • INOm.X Ie ,y )n 1.- c n u • COMMISSIONERS Newport 'off v� ooh p�1A 1G��mR City of Beach MINUTES $� Marrh 17. 1Q77 NOLL CALL IN OtX d m Item #12 AMENDMENT N0. 491 APPROVED .ty :s Commissioner Seely stepped down from the dais an on ion refrained from deliberation on the following ite due to a possible conflict of interest. Request to prezone Unincorporated Territory of Orange County on the westerly side of Monrovia Avenue and its intersection with 15th Street to the P -C (Planned Community) District in the City of Newport Beach. Further request to establish the Planned Community Development Standards for the property in question and on adjoining proper now located in the City and.the acceptance.of ar environmental document. Location: A portion of Lot 1, Tract 463, in the City of Newport Beach; and Loi • 1016 and 1017, First Addition to the Newport Mesa Tract and a port, of abandoned 15th Street in the Unincorporated Territory of Orang( County, located at 1499 Monrovia Avenue, on the westerly side of Monrovia Avenue and its intersect with 15th Street,'northerly of thi Newport Crest residential complex Zones: P -C (i.e. City of Newport Beach);. M -1 (i.e. Unincorporated Territor; of Orange County) Applicant: United California Bank, Trustee, Los Angeles Owners: Beeco Ltd., Newport Beach (i.e. property within City Limits); United California Bank, Los Angel (i.e. property now located in Unincorporated Territory of Orang County) Public hearing was opened in connection with th matter. Neil Blaney, with United California Bank, 707 Wilshire Boulevard, Los Angeles, appeared befor the Commission and concurred with the staff report and recommendations. Page 25. as is e IN OtX d m Item #12 AMENDMENT N0. 491 APPROVED .ty :s on ion as is e COMMISSIONERS city March ROLL CALL Motion Ayes Absent of Newport Beach MINUTES • 17, 1977 g no others desiring to appear and be public hearing was closed. made that Planning Commission accept inmental document and recommend to the :il the approval of Amendment No. 491 ,dditional wording as recommended in the irt; and that the property presently thin the unincorporated territory of Inty be prezoned to the P -C (Planned District. (er Seely returned to the dais. ) permit the construction of a single ailing that encroaches to 0 feet from property line (where the Districting Ites a 10 foot setback).. Lot 13, Tract 1257, located at 3601 Ocean Boulevard, on the south- erly side of Ocean Boulevard at Orchid Avenue, in Corona del Mar. R -1 Stewart C. Woodard, A.I.A. Cliff Cooper George T. Hall, Acting Chairman, Friends of Inspiration Point Development Director Hogan commented )posed request and advised that the only Before the Commission was whether or not ication to reduce the setback to zero Id be granted because there was no as to the ability or right to develop rty. aring was opened in connection with this Page 26. MOEX Item #13 MODIFY TION 0'� 204F-- APPEAL APPEAL DENIED • There beii heard, the X Motion was x x x x X the envir( X X City Coun( with the < staff rep( located w' Orange Co( Community, Commissio( Request t family dw the front Map indic, Location: Zone: Applicant Owner: Appellant Community on the pr question the modif feet shou question the prope Public he matter. g no others desiring to appear and be public hearing was closed. made that Planning Commission accept inmental document and recommend to the :il the approval of Amendment No. 491 ,dditional wording as recommended in the irt; and that the property presently thin the unincorporated territory of Inty be prezoned to the P -C (Planned District. (er Seely returned to the dais. ) permit the construction of a single ailing that encroaches to 0 feet from property line (where the Districting Ites a 10 foot setback).. Lot 13, Tract 1257, located at 3601 Ocean Boulevard, on the south- erly side of Ocean Boulevard at Orchid Avenue, in Corona del Mar. R -1 Stewart C. Woodard, A.I.A. Cliff Cooper George T. Hall, Acting Chairman, Friends of Inspiration Point Development Director Hogan commented )posed request and advised that the only Before the Commission was whether or not ication to reduce the setback to zero Id be granted because there was no as to the ability or right to develop rty. aring was opened in connection with this Page 26. MOEX Item #13 MODIFY TION 0'� 204F-- APPEAL APPEAL DENIED • COMMISSIONERS City of Newport Beach MINUTES P. soi March 17, 1977 woLL CALL George Hall, 3616 Ocean Boulevard, appeared befo the Commission and advised that the intent of their appeal was destroyed if the only issue was the question of the setback since it was the feeling of the appellant that no structure. shoul be built on the property at all. He commented a the effects of a private residence at this loca- tion and the integrity of the intent to preserve Inspiration Point. He presented pictures of the area in support of his comments to preserve the area. Lars deJounge, 208 Marigold, appeared before the Commission and presented slides of the existing area. He commented on the staff report and felt that the area should be re.zoned to open space it order to preserve the area in its natural state and if construction was to be allowed, felt that an EIR should be prepared prior to the issuance of any permits. Chairman Seely reminded those present of the issue being considered by the Planning Commissic and reiterated that discussion must be limited to the specific issue of whether or not to allov the encroachment into the setback and not whethE a building should be constructed. Shirley Knudsen, 321 Coral, Balboa Island, appei before the Commission and questioned access to .1 garages. Stewart Woodard, 3709 Ocean Boulevard, Corona dl Mar, applicant, appeared before the Commission connection with this matter. He advised that a home could be designed which would observe the 10 foot setback, however, he felt it was better to encroach into the setback area and minimize the impact on the view corridor. He.reviewed ti proposal and its effect on the view corridor through the use of graphics, design sections, al plot plans. Mr. Woodard answered questions of the Commission relative to the request. • Don Renner, 1933 Bayside Drive, appeared before the Commission in favor of the zero foot setbacl as he felt there would be less impact on the loss of view. Jim Hayton, 235 Poppy Avenue, appeared before tl Commission in opposition to the proposed dwelli Page 27. re 0 ie id ne ng INDEX COMMISSIONERS s City of Newport Beach A. �y March 17. 1977 ROLL CALL Cliff Cooper, owner of the property, appeared before the Commission and felt that the proposed request was the best possible design for the subject property. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission sustain the decision of the Modifications Committee and deny the appeal. Planning Commission discussed the request and felt that the granting of the encroachment into the setback was the best solution under the Ayes X X X X X X circumstances. Following.discussion, the motion Absent X was voted on and carried. Request to consider amendments to Chapter 20.11 and Chapter 20.15 of the Newport Beach Municipal Code relating to development standards in the R- District. Initiated by: The City of Newport Beach Public hearing was opened in connection with thi matter. Frank Marshall, 611 W. Bay, Balboa, appeared before the Commission and presented written suggestions for consideration with respect to the smaller lots in the R -2 and R -3 Districts. Uda Neilson, owner of property at 916 East Balbc Boulevard, appeared before the Commission and felt that a reduction in the size of the units would only invite single people into the area and there was more need for a place for families Motion X Following discussion, motion was made that Plan - Ayes X X X X X X ning Commission continue this matter to the Absent X meeting of April 21, 1977, with further discus- sion to be held at the April 7, 1977 Study Session. Page 28. MINUTES \ INOUX Item AMENDMENT I NG. 486 CONT. TO T L1-21 • COMMISSIONERS 90� v� aoo *a�y9 SC, 0 City of Newport Beach. MINUTES • �s 0 MArrh 17. 1077 MOLL CALL Request to consider an amendment to Title 20 of the Newport Beach Municipal Code relative to the definition of the term "building site." Initiated by: The City of Newport Beach Public hearing was opened in connection with thi matter. Michael Ray appeared before the Commission on behalf of his father, James Ray, to concur with the proposed ordinance and suggested that the words "or trust" be included in the multiple ownership to be covered. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Commissioner Hummel commented on his reluctance Ayes X to commit an unwilling party to the proposed Noes X X X X X arrangement, therefore, motion was made that Absent X Planning Commission disapprove Amendment No. 48 Motion X Motion was made that Planning Commission recomm Ayes X X X X X to the City Council the adoption of Amendment N Noes X 489. Absent X ADDITIONAL BUSINESS: Request to establish grade at 507 -509 Fernleaf, Corona del Mar, by Robin Boyd. Robin Boyd, Corona del Mar, appeared before the Commission to answer questions relative to the request. Motion X Following discussion, motion was made that Plan Ayes X X X X X X ning Commission approve the request of Robin Bo Absent X establishing grade for the purpose of determini building height at 507 -509 Fernleaf, Corona del • Mar. Page 29. S 9. en o. yd n INOWX APPROVED COMMISSIONERS R v City of Newport Beach Marrh 17. 1Q77 FROLL CALL Motion X Planning Commission adopted Resolution No. 985, Ayes X X X X X X setting a public hearing for April 7, 1977, to Absent X consider revocation of Use Permits Nos. 1476 and 1674 for the Studio Cafe located at 100 Main Street, Balboa. Motion X There being no further business, Planning Ayes X X X X X X Commission adjourned the meeting to a.Special Absent X Meeting on March 24,1977, at 7:00 P.M., in the City Council Chambers, to discuss the future of. hotel development within the City of Newport Beach. �J BILL AGEE, Sectary Planning Commission City of Newport Beach Page 30. MINUTES • \ INoux • I-1 u