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HomeMy WebLinkAbout04/04/1974COMMISSIONERS • mom >� m Z` p ,e ROLL CALL Present Motion All Ayes 0 CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. MINUTES nF,i I 1 `,, IJ /Y INDEX xxxx- TR. OFFICIO MEMBERS V. Hogan, Community Development Director David R. Baade, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Planning Shirley L. Harbeck, Secretary X Minutes of the Regular Meeting of March 21, 1974 were approved as written. tem #1 SE ERMIT 7 4 Request to (1) waive a portion of the required ARTIALLY parking spaces in conjunction with the expansion. PPROVED of an existing restaurant, (2) establish a "take- out" window in an existing restaurant, and (3) rTUXELY sell beer and wine within 200 feet of a residential district. Location: Lot 20, Block 12, Section Four, Balboa Isle, located at 217 Marine Avenue, on the westerly side of Marine Avenue between Balboa Avenue and Park Avenue on Balboa Island (Hemingway's Health Bar). Zone: C -1 Applicant: Randall H. Johnson, Balboa Island Owner: Priscilla Bourgeois, Costa Mesa Assistant Community Development Director Hewicker pointed out that the staff recommendation was for denial of the expansion of the restaurant into the toy store due to the lack of parking, but had no objection to the "take -out" window or the sale of beer and wine because the use was similar to that Page 1. COMMISSIONERS f� ROLL CALL R CITY OF NEWPORT BEACH nnwil n 7e7n MINUTES of other restaurants on Marine Avenue. INDEX Public hearing was opened in connection with this matter. Alan Stoneman, Attorney, appeared before the Plan- ning Commission on behalf of Randall Johnson and commented on the matter of expansion and the park- ing ordinance as it pertained to Balboa Island. He presented pictures of the facade of both the restaurant and the toy store for review by the Commission. In summary he felt there were factors other than parking to be considered and if the parking ordinance was strictly followed, there would be no expansion of existing businesses on Marine Avenue. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the expansion of the restaurant and its relationship to the amount of • required parking. They also discussed the amount of parking requried for a "take - out" restaurant as opposed to a retail store. Motion X Motion was made to approve Use Permit No. 1714, subject to the three conditions recommended by the staff. Planning Commission discussed the motion and there was some disagreement as to approval of the "take- out" window because it was felt there would be an intensification of the existing use. The defini- tion of a "take -out" restaurant was read for clarification and discussed at length. The Commis- sion also discussed parking requirements as they pertain to the restaurant and other commercial uses. Motion X An amendment to the original motion was made to delete approval of the "ta'ke -out" window. Following further discussion, Chairman Agee re- opened the public hearing. Attorney Stoneman representing the applicant, • appeared before the Commission in rebuttal to a denial of the "take -out" window and requested that if the applicant was denied expansion of his business, he at least be allowed approval of the "take -out" window so as to recoup some of the expenses of operating the restaurant. Page 2. COMMISSIONERS CITY OF NEWPORT BEACH y 1 Z Z a W m O y e y 0 • T T Da 7K T < < £ T p T Z 7s P F ROLL CALL Motion Ayes Noes 0 Motion All Ayes 0 MINUTES Anri1 A_ 1Q7A ' "' INDEJC There being no others desiring to appear and be heard, the Chairman closed the public hearing. Following further discussion and in order to clarify the action of the Planning Commission, X a substitute motion was made that Use Permit No. X X X X 1714 be approved for the sale of beer and wine X X X only (all other requests were denied) subject to the following conditions: 1. The approval of on -sale beer and wine shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 2. No beer or wine shall be served between the hours of 12:00 midnight and 11:00 A.M. Item #2 Request to amend the Planned Community Development MENDMENT Standards for "Newport Place" so as to establish a 0. 429 parking requirement for hotels and motels based on a demonstrated formula. ONT. TO AY 2 Location: The Planned Community of "Newport Place" bounded by MacArthur Boule- vard, Bristol Street, and Birch Street. Zone: P -C Applicant: Emkay Development Co., Newport Beach Owner: Messenger Hotels, Inc. and the Newport Project, Newport Beach X Planning Commission continued this matter to the meeting of May 2, 1974. Item #3 Request to establish one building site and elimi- RESUB- nate an interior lot line where one lot and a por- DIVISION tion of a second lot now exist so as to permit the 2 construction of a new second dwelling unit on the site. APPROVED CONDI- Location: Lot. 6 and a portion of Lot 8, Block TTURTELY 443 of Corona del Mar, located at 410 -410k Poinsettia Avenue, on the southeasterly side of Poinsettia Page 3. COMMISSIONERS CITY OF NEWPORT BEACH G� % m a O T • m m Z <£ T m m Z ,n ,0 ROLL CALL Motion 6 Ayes Vion Ayes MINUTES Anvil A 1437n INDEX Avenue, between East Coast Highway and Second Avenue in Corona del Mar. Zone: R -2 Applicant: V. Jan and Lorene Homan, Corona del Mar Owner: Same as Applicant Public hearing was opened in connection with this matter. V. Jan Homan, applicant, appeared before the Plan- ning Commission and concurred with the staff repot and recommended condition. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that Resubdivision No. 442 be approved subject to the following condition:. 1. That a Parcel Map be filed. Item #4 Request to establish two building sites and elimi- RESUB- nate interior lot lines where one lot and portions of two adjoining lots now exist. DIVISION W07-443 Location: Lot 4 and portions of Lots 3 and 5, CONT. TO Block 143, Canal Section, located AP�8 at 206 -208 44th Street, on the southeasterly side of 44th Street between Balboa Boulevard and River Avenue in West Newport. Zone: R -2 Applicant: Frances Chamberlain, Newport Beach Owner: Same as Applicant Engineer: R. M. Galloway and Assoc., Newport Beach X Planning Commission continued this matter to the meeting of April 18, 1974. Page 4. COMMISSIONERS I °v O l mm A m ,0 A CITY OF NEWPORT BEACH MINUTES April 4, 1974 Request to establish one building site and elimi- RESUB- nate an interior lot line where one lot and a por- DIVISIO tion of a second lot now exist so as to permit the N 44 construction of room additions to an existing single family dwelling. APPROVE Location: Portion of Lot 2 and Lot 3, Block CONNI L C, Newport Bay Tract, located at 205 Edgewater Avenue, on the south- west corner of Edgewater Avenue and Alvarado Place on the Balboa Peninsula.. Zone: R -3 Applicant: S. H. and J. S. Dobrzensky, Oakland Owner: Same as Applicant Engineer: Raub, Bein, Frost and Assoc., . - Newport Beach Public hearing was opened in connection with this matter and there being no one appearing to be heard, the public hearing was closed. Following discussion of the applicant's letter dated March 25, 1974, indicating certain assump- tions, Chairman Agee re- opened the public hearing. Robert Bein, of Raub, Bein, Frost and Assoc., appeared before the Planning Commission on behalf of the applicant to answer questions and advised they have read the staff report and find the recommended conditions acceptable.. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Resubdivision No. 444 be All Ayes approved subject to the following conditions: 1. That a Parcel Map be filed. 2. That all applicable conditions of approval of • Modification No. 776 be fulfilled. Page 5. COMMISSIONERS CITY OF NEWPORT BEACH r A 1 -1 o A 0 f+ � T A T ROLL CALL 0 Motion All Ayes 0 MINUTES April 4. 1974 INDEX FESUB- nate Request to establish one building site and elimi- an interior lot line where one lot and a por- tion of a second lot now exist so as to permit the construction of room additions to an existing single family dwelling. Location: Portion of Lot 194 and Lot 193, Tract 907, located at 205 Via San Remo, located on the northwesterly side of Via San Remo, between Via Lido Nord and Via Lido Soud on Lido Isle. ONDI- ONALLY Zone: R -1 Applicant: M. E. Kofford, Jr., Newport Beach Owner: Robert Walker, Newport Beach Public hearing was opened in connection with this matter. M. E. Kofford, applicant, appeared before the Planning Commission and concurred with the condi- tions 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. 445, subject to the following conditions: 1. That a Parcel Map be filed. 2. That all new construction conform to the required 4 foot side yard setbacks. LESUB- nate Request to establish one building site and elimi- interior lot lines where two lots and a por- tion of a third lot now exist so as to permit the expansion of an existing restaurant building. Location: Lots 1124, 1125 and a portion of Lot 1123, Tract 907, located at 3450 Via Oporto, on the northeast- erly side of Via Oporto, east of Central Avenue in Lido Village (formerly Berkshire's Restaurant). LLY Page 6. COMMISSIONERS G� '" ➢ m ➢ O ^N' C+ T� CALL Si Motion All Ayes • • X CITY OF NEWPORT BEACH MINUTES April 4, 1974 Zone: C -1 -H Applicant: Don Koll Company, Newport Beach Owner:, Donald M. Koll, Newport Beach Engineer: Raub, Bein, Frost & Assoc., Newport Beach Public hearing was opened in connection with this matter. Tim Strader, Vice President of Don Koll Company, appeared before the Planning Commission and concurred with the conditions recommended by the staff. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that Resubdivision No. 447 be approved subject to the following conditions: 1. That a Parcel Map be filed. 2. That all applicable conditions of approval of Use Permit No. 1711 be completed. Request to establish one lot where six lots now exist so as to permit the conversion of six apart- ment buildings into a 36 unit condominium develop- ment. Location: Lots 2 through 7 of Tract 3606, located at 1184 -1256 Rutland Road, on the east side of Rutland Road, between Mariners Drive and Bedford Lane, in Westcliff. Zone: R -3 Applicant: R. M. Galloway & Associates, Inc., Newport Beach Owner: Rutland Newport Beach Company, c/o United Professional Planning, Sherman Oaks Engineer: Same as Applicant Page 7. COMMISSIONERS CITY OF NEWPORT BEACH n m .c Z p p p MINUTES ROLL CALL Apri 1 4, 1974 Public hearing was opened in connection with this matter. Bob Nastasi with R. M. Galloway & Assoc., the agen for Wilshire Equities, developer, appeared before the Planning Commission and advised they were in complete agreement with the staff recommendations. However, due to the interest of those present, he requested that the staff review this matter before entering into a discussion with the applicant. Assistant Community Development Director Hewicker responded by r.eviewing the State Subdivision Map Act as well as the proposed conversion to condo- miniums and the conditions of approval recommended by the staff. Assistant City Attorney Baade advised that a study was presently being made by his office regarding an ordinance governing conversions from apartments to condominiums and a report would be made in the • near future as to their recommendations. Jay Haskell, 1242 Rutland, #6, appeared before the Planning Commission and presented a petition with 26 signatures in opposition to the request, the reasons being that the majority of the tenants are on fixed incomes, there is a minimum of parking, the building is 13 years old and there is some question as to the maintenance, requested that a physical inspection be made of the building before approval is given and requested that the matter be continued for the purpose of making said inspectioi Planning Commission indicated a concern over the conversion of older apartments into condominiums and regulations governing same, however, it was noted that Newport Beach does not have such an ordinance at the present which creates some difficulty imposing certain conditions as to construction. Ed Kliem, tenant and retired sales representative appeared before the Planning Commission in opposi- tion to the request and presented an advertising card received by him regarding sale or lease of condominiums. The following persons also appeared in opposition to the request: Mr. Paden, tenant, questioned the intentions of the owner; Page 8. COMMISSIONERS CITY OF NEWPORT BEACH I f MINUTES Mal call April 4. 1974 Michel Ragot, although a tenant, does not wish to own the building because of the maintenance; Mr. Gray, property owner on Rutland, questions control by the City regarding upkeep of the propert . Assistant City Attorney Baade explained that main- tenance of a condominium was usually handled through a homeowners association and the C.C.& R.s. Commissioner Hazewinkel explained the function of the Real Estate Commission in reviewing the sub- division report as to adequate funds for maintenance and repair and control of the homeowners association in establishing fees for same. Arthur Burdorf, officer of Wilshire Equities, applicant, appeared before the Planning Commission and commented on the background of the company's experience in condominium conversions. He advised of their procedure to refurbish the buildings including complete painting, roofing, replacement . of all appliances, all heating completely checked, carpeting, He also advised that tenants new etc. Would have first opportunity to purchase the units. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made to approve Tentative Map Tract 8638, subject to the following conditions: 1.. That the boundary of the final tract map be checked by the County Surveyor before being submitted to the City for approval. 2. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived.. 3. That there shall be submitted a declaration of Covenants, Conditions and Restrictions governing the maintenance and operation of the condominium acceptable to the Director of Community Development and the City Attorney. The motion was discussed and Planning Commission felt the conditions of approval should reflect some assurance that the buildings would be re- • furbished as indicated by the owner. Public hearing was re- opened. Mr. Burdorf appeared before the Commission and Page 9. COMMISSIONERS (� m • m � m Y� Aic m Z p P ROLL CALL r Motion F s oes 1] CITY OF NEWPORT BEACH MINUTES Qna41 d 1074 a INDEX advised of his willingness to stipulate that the property would be painted and refurbished, that professional management would be provided, all appliances would be replaced, etc, a certificate as to the conditions of the plumbing and wiring would be.provided, and a one -year guarantee would be given on all appliances and plumbing. There being no others desiring to appear and be heard, the public hearing was closed. Following discussion relative to the requirement of an inspection of the buildings and what condi- tions could be imposed as to building standards, X the original motion was modified to include a fourth condition as follows: 4. All units shall be inspected and brought into compliance with the applicable building standards of the City at the time the building were constructed. X X X X X X The original motion as well as the above modifica- X tion was voted on and carried. Item #9 Request to establish one lot where two lots and a FINAL portion of a third now exist so as to permit MAP of the construction of a five unit condominium devel- TRKCT opment. $- Location: Portion of Lot 837 and Lots 838 and APPROVED 839, Tract 907, located at 320 Via CON�— Lido Nord, on the northerly side of TIONALLY Via Lido Nord, northerly of Via Eboli on Lido Isle. Zone: R -3 Applicant: Lynn E. Thomsen, Anaheim Owners: Charles Casserly and Charles J. Fishback, Newport Beach Engineer: John B. Abell, Los Angeles Lynn Thomsen, appeared before the Planning Commis- sion and concurred with the staff report and recommended conditions. Page 10. COMMISSIONERS CITY OF NEWPORT BEACH n m <£ m p m Z P P x ROLL CALL � Motion A11 Ayes 0 MINUTES April 4. 1974 I IYUCA X Motion was made that Final Map Tract 8362 be approved, subject to the following conditions: 1. That all applicable conditions of approval of Tentative.Map Tract No. 8362 be fulfilled. 2. That there shall be submitted a declaration of Covenants, Conditions and Restrictions govern- ing the maintenance and operation of the condominium acceptable to the Director of Community Development and the City Attorney. Item #10 Request to amend the use permit of Kismet Inter- national Restaurant by deleting the requirement for the installation of an air lock (double doors) k595 on the patron entrance located on West Coast ED Highway. ED Location: Portion of Lot 35, and Lots 36, 37 and 38, Tract 1210, located at 1100 West Coast Highway on the north side of West Coast Highway, opposite the Balboa Bay Club. Zone: C -1 -H Applicant: Kismet International, Newport Beach Owner: Tract 1210, Ltd., Newport Beach Assistant Community Development Director Hewicker presented information on a subsequent sound atten- uation study which was made during the time when the actual entertainment was taking place as opposed to artificially generated sounds used in the first study. Public hearing was opened in connection with this matter. John Tamasy, Acoustical Engineer for Kismet Inter- national, appeared before the Planning Commission to comment and answer questions relative to the reports. There being no others desiring to appear and be heard, the public hearing was closed. Page 11. COMMISSIONERS T F T a F T � • f Z P M A A ROLL CALL Motion All Aye 0 Motion All Ayes L CITY OF NEWPORT BEACH MINUTES 4, INDEX X Motion was made'to amend Use Permit No. 1595 by s changing Condition No. 9 to read as follows: 9. Air locks (double doors) shall.be installed and maintained at all patron entrances except the entrance on West Coast Highway. Item #11 USE Request to permit the following in conjunction wit the development of a proposed restaurant: (1) per- PERMIT mit the sale of alcoholic beverages within 200 fee 5 of a residential district, (2) permit a portion of the required on -site parking to be located in a CONT. TO residential district adjoining a commercial dist - APRIL 8 rict, and.(3) a waiver of parking lot standards so as to permit tandem parking spaces.. Location: Lots 19 through 22, Tract 814, and Lots 1 through 10, Block 221, Sec - tion A, Newport Beach and a portion of an alley (proposed to be vacated) located at 2110 Newport Boulevard, on the northwesterly corner of Newport Boulevard and 21st Street on the Balboa Peninsula. Zones: C -1, R -2 Applicant: Newport Beach Spaghetti Restaurant, Inc., c/o James J. Damis, Portland, Oregon Owner: Dussin Investment Co., Portland, Oregon X Planning Commission continued this matter to the meeting of April 18, 1974. Item #12 RESUB- Request to create one building site and eliminate interior lot lines where 14 lots and a portion of DITISION an existing alley (to be vacated) now exist so as JfF.—T46 to allow the development of a restaurant on the site. CONT. TO PRI 8 Location: Lots 19 through 22, Tract 814, and Lots 1 through 10, Block 221, Sec- tion A, Newport Beach and a portion of an alley (proposed to be vacated located at 2110 Newport Boulevard, Page 12. COMMISSIONERS CITY OF NEWPORT BEACH f+ m s £ T p m Z ,o ,o ROLL CALL � Motion All Ayes 0 U MINUTES April 4. 1974 IMMA on the northwesterly corner of Newport Boulevard and 21st Street Fes: on the Balboa Peninsula. C -1, R -2 Applicant: Newport Beach Spaghetti Restaurant, Inc., c/o James J. Damis, Portland, Oregon Owner: Dussin Investment Co., Portland, Oregon Engineer: C.E.L.S. Corp., Newport Beach X Planning Commission continued this matter to the meeting of April 18, 1974. tem #13 Request to permit an illuminated roof identifica- SE tion sign that exceeds the maximum area of 144 E MIT square feet and that exceeds the basic height 16 limit within the 26/35 foot Height Limitation District. PPP ONDI- Location: Portion of Lots 7 and 13, and Lots rIURNTELLY 8 through 12 (i.e. Parcel 2 of Resubdivision No. 433), located at 3366 Via Lido, on the northeasterly side of Via Lido, southeasterly of Via Oporto, in the Lido Village area. Zone: C -1 -H Applicant: Imperial Savings & Loan Association, San Diego Owner: Same as Applicant Public hearing was opened-in connection with this matter. Thomas Murray, Attorney for the applicant, appeared before the Planning Commission. He agreed with the conditions recommended by the staff and commented on the request to relocate the existing sign. Planning Commission discussed the size of the sign as well as the proposed sign ordinance and the difference between a wall sign and a roof sign. Page 13. COMMISSIONERS CITY OF NEWPORT BEACH l • r ? i ` MINUTES Qnu csll Anril 4. 1974 I I There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made to approve Use Permit No. 1716, Ayes X X X X X X subject to the following conditions: Noes X 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. If and when the sign is moved, a set of structural calculations, prepared by a Registered Civil Engineer or Architect, shall be required. 3. The sign and its connections shall be made to conform to the requirements of the 1970 Unifor Building Code. • ADDITIONAL BUSINESS: Motion X Planning Commission adopted a Minute Resolution All Ayes indicating they had reviewed the revision to Resubdivision No. 399 and found it to be in sub- stantial conformance with the previously approved resubdivision. Motion X There being no further business, motion was made All Ayes to adjourn. Time: 9:05 P.M. ROSENER, JR., SEPH Secret y Planning Commission City of Newport Beach Page 14.