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HomeMy WebLinkAbout04/05/1984COMMISSIONERS REGULAR PLANNING. COMMISSION MEETING MINUTES PLACE: City Council Chambers x TIME: 7:30 p.m.' f v m 5 a DATE: April 5, 1984 m ° City of t Beach ROLL CALL INDEX Present Absent Wion Ayes Absent Motion Ayes Absent x ix x 4 x EX- OFFICIO MEMBERS PRESENT James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney STAFF MEMBERS PRESENT William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Joanne Baade, Secretary to the Mayor /Administration APPROVAL OF THE MINUTES Minutes of March 22, 1984 Motion was made for approval of the Planning Commission x minutes of March 22, 1984, as written, which MOTION CARRIED. ' * e,t Staff recommended that the following agenda items be con- tinued to the Planning Commission meeting of April 19, 1984: Item No. 1 - Amendment No. 600, Resubdivision No. 767 and Residential Coastal Development Permit No. 7; Item No. 2 - Resubdivision No. 768; Item No. 4 - Use Permit No. 1778; and Item No. 5 - Use Permit No. 3093. Motion was made to continue the aforementioned agenda i to the Planning Commission meeting of April 19, 1984, which MOTION CARRIED. A. Amendment No. 600 (Continued Public Hearing) Request to amend the Mariner's Mile Specific Plan District so as to allow the construction of a cul- de-sac at the westerly terminus of Avon Street, easterly of Santa Ana Avenue. The proposal also includes a request to amend portions of Districting Maps Nos. 4 and 5 so as to reclas- sify,a portion of the southerly half of unimproved Avon Street (proposed to be vacated), between Santa Ana Avenue Continued Iltem No. 1 Amendment No. 600 Cont. to 4 19 84 LJ • MINUTES r E April 5, 1984 City of Nampo rt Beach =CALL. INDEX and a point approximately 210.0 feet easterly of Santa Ana Avenue, from.the SP -5 District (Mariner's Mile Specific Plan Area) to the R -1 District (Single Family Residential). The extension of the 5 -foot front yard setback on Santa Ana Avenue and the 10 -foot front yard setback on Avon Street designated on said Districting Maps are also pro- posed, and the acceptance of an environmental document.. LOCATION: Property located at the southerly one -half of the unimproved portion of Avon Street, between Santa Ana Avenue and a point approximately 210.0 feet easterly of Santa Ana Avenue, measured along the southerly boundary of unimproved Avon Street. ZONE: SP -5 /V�] B. Resubdivision No. 767 (Continued Public Hearing) Request to resubdivide an existing parcel of land and a portion of unimproved Avon Street (proposed for vacation) into four parcels for single - family residential purposes. The proposal also includes an exception to the Subdivision Code so as to permit a parcel with less than 80 feet in depth, and to allow the construction of a cul -de -sac with a 32 -foot radius where a minimum 40 -foot radius is require O Request to consider a Residential Coastal Development Permit for the purpose of establishing project compliance for three additional single - family residential lots, pur- suant to the administrative guidelines for the implementa- tion of the State Law relative to low- and moderate- income housing within the Coastal Zone. LOCATION: A portion of Lot Z the Newport Heights Cliff Drive, on the of Cliff Drive and Newport Heights. ZONES: R -1 and SP -5 -2- of the First Addition to Tract, located at 2961 southeasterly corner Santa Ana Avenue, in 767 Residential Coastal Development Permit No. 7 Cont. to 471­9T8_4 April 5, 1984 MINUTES n r m ° m Cit of Nmwrt Beach ROLL CALL INDEX Motion Ayes Absent Ix APPLICANT: OWNER: ENGINEER: Pulaski and Arita, Newport Beach Helen Kreutzkamp, Newport Beach Robin B. Hamers and Associates, Inc., Costa Mesa Staff advised that the applicant has requested continuance of this item to the Planning Commission meeting of April 19, 1984, to allow for redesign of the proposed subdivi- sion with the extension of Avon Street to Santa Ana Avenue. Staff had no objection to this request. Motion was made to continue this item to the Planning Commission meeting of April 19, 1984, which MOTION CA Resubdivision No. 768 .(Continued Public Hearing) Request to resubdivide an existing lot into three parcels of land for single - family residential purposes. The pro- posal also includes an exception to the Subdivision Code so as to allow a 40 -foot wide right -of -way on Avon Street where a minimum 60 -foot width is required. LOCATION: Lot 2, Block B, First Addition to Newport Heights Tract, located at 2953 Cliff Drive on the southerly side of Cliff Drive, easterly of Santa Ana Avenue, in Newport Heights. ZONE: R -1 APPLICANT: Pulaski and Arita, Newport Beach OWNERS: Rolly Pulaski and Rob Ingold, Newport Beach ENGINEER: Robin B. Hamers and Associates, Inc., Costa Mesa Staff advised that the applicant has requested continuan of this item to the Planning Commission meeting of April 19, 1984. Staff had no objection to this request. -3- Item No. 2 Resub. 768 Cont. to 4 19 84 COMMISSIONERS April 5, 1984 MINUTES � r 3 n° m City of NeNWt Beach ROLL CALL INDEX Motion Ayes Absent x x x x x x x x Motion was made to continue this item to the Planning Com- mission meeting of April 19, 1984, which MOTION CARRIED. Modification No. 2931 (Appeal) (Continued Public Hearing) Item No. 3 Request to permit the construction of a solar greenhouse Mod. 2931 room that is proposed to.encroach 6 feet into the required 6 -foot rear yard setback area. Denied LOCATION: Lot 105, Tract No. 6152 located at 1407 Seacrest Drive, on the southwesterly side of Seacrest Drive, between Sandcastle Drive and Catamaran Drive, in Harbor View Hills. ZONE: R -1 -B • APPLICANT: Jack Love, Corona del Mar OWNER: $4me as applicant APPELLANT: Same as applicant The public hearing opened in connection with this item and Jack Love, the applicant, appeared before the Commis- sion. Mr. Love stated that he has submitted.revised plans for the solar greenhouse, so as to provide a three - foot setback from the rear property line. Mr. Love fur- ther advised that he is in concurrence with the Findings and Conditions of Approval contained in Exhibit "B" of the staff report, and respectfully requested approval of the project. Planning Director Hewicker noted that at its meeting of March 8, 1984, the Planning Commission continued this item so as to allow the applicant additional time to meet with the Harbor View Hills Homeowners Association Archi- tectural Committee, as well as to consider some alternate designs for the solar greenhouse. Mr. Hewicker relayed his understanding that the Architectural Committee was • to meet, but indicated that staff has received no word as to the result of the meeting. -4- COMMSSKX4R S1 April 5, 1984 MINUTES ;x r 9 m m C of t Beach ROLL CALL INDEX • U Mr. Love responded.that the Architectural Committee has had a copy of the revised plans for two weeks; however, he has received no communication from the Committee. Charles Caldwell, 1401 Seacrest Drive, appeared before the Commission and stressed that although he was in atten- dance at the Architectural Committee meeting that took place last evening, he will be speaking this evening for himself, and not on behalf of the Association. Mr. Caldwell stated that he lives directly adjacent to the applicant and, although the proposed greenhouse will not affect his view, he opposes the proposal on the basis of aesthetics. Mr. Caldwell went on to state that the structure would be obtrusive and not in keeping with neighboring construction. In addition, Mr. Caldwell noted that the plans do not reflect any ventilation, and voiced concern that the provision of mechanical ven- tilation could result in objectionable noise. With respect to the applicant's proposal to remove and replace the patio slab, Mr. Caldwell suggested that the applicant be required to return the new slab to the same elevation as the existing slab. It was Mr. Caldwell's contention that if the patio slab were returned to the existing elevation, it would continue to serve as a patio, and not become an extension of the greenhouse. Mr. Caldwell also voiced concern that if the sliding doors are to remain in place between the existing residence and the greenhouse, the structure would, in effect, become a room addition. Relative to the issue of energy conserva- tion, Mr. Caldwell opined that, given the southwest ele- vation of the proposed structure, the afternoon sun would create significant heat which would necessitate counter- action by an air conditioning system. Mr. Caldwell felt that the need for air conditioning would defeat the energy - saving aspect that might be gained during the short, cool period of the year. Mr. Caldwell was also concerned that the greenhouse would reflect the sun and consequently create glare which would adversely affect neighboring residents. In conclusion, Mr. Caldwell commented that approval of the proposed encroachment would set an un- desirable precedent, and urged the Planning Commission to sustain the findings made by the Modifications Committee. Jerry Riggs, of Capistrano Solar Systems (General Con- tractor for the project), appeared before the Commission to comment on the concerns expressed by Mr. Caldwell. Mr. Riggs maintained that greenhouses, such as the one in -5- April 5, 1984 MINUTES � x f m m ° G Of Newport Beach Rai CALL INDEX • Motion Ayes Absent xlx question, are considered by most individuals to be very beautiful. Mr. Riggs advised that the ventilation will be provided solely by natural means, i.e., sliding glass. doors and operable windows, and that no mechanical equip- ment would be utilized. Mr. Riggs also advised that the patio slab . will be reinstalled at the elevation of the existing patio slab. With respect to Mr. Caldwell's comments relative to the southwest orientation of the structure as it pertains to energy conservation, Mr. Riggs commented that the room will be double - insulated, tempered glass. In re Mr. Caldwell's comments pertaining to potential glare, Mr. Riggs advised that the greenhouse will not contain reflective glass, but rather will be bronze tinted. In addition, Mr. Riggs stated that the applicant and he were not aware of the Architectural Committee meeting held last evening. In closing, Mr. Riggs urged approval of the proposal. In response to a question posed by Commissioner Balalis as to whether the final plans were submitted to the Architectural Committee, Mr. Love responded that plans, although admittedly not the professionally drawn plans, were submitted to the affected neighbors. Mr. Love pointec out, however, that the plans provided to the neighbors did contain the same elevations and dimensions as the final plans contain. Mr. Caldwell reappeared before the Commission and pointed out that the Architectural Committee did not act on the issue of the encroachment, but rather focused solely on their recommendation relative to approving /denying the greenhouse. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Person stated that he was not present at the Planning Commission meeting of March 8, 1984 when this issue was originally discussed by the Commission, but indicated that he had read the minutes of that meeting. Motion was made for denial of Modification No. 2931, subject to the following findings, which MOTION CARRIED. FINDINGS: 1. That the proposal to construct a solar greenhouse room addition that encroaches three feet into the required six -foot rear yard setback area would be detrimental -6- MINUTES April.5, 1984 3 x • 3 m o ° m City O l Beach FM CALL 111 111 JINDEX • i to persons, property and improvements in the neighbor- hood, and that the applicant's request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 2. That other residential properties adjoining the site generally observe the required 6 -foot rear yard set- back. 3. That approval of this application would establish a precedent for similar encroachments for solariums or other room additions to be constructed in the required 6 -foot rear yard. 4. That adequate space exists within the buildable area of the site for all new construction. Use Permit No. 1778 (Amended) (Continued Public Hearing) Public hearing and 6 -month Planning Commission review of the issues permitting a lunch -time operation in Hemingway'e Restaurant during the week, and the acceptance of an off -, site parking agreement for the additional required daytime restaurant parking. LOCATION: Lots Nos. 5 and 6, Block B, Tract No. 470; Lots Nos. 7 and 9, Block 730, Corona del Mar located at 2441 East Coast Highway, on the southwesterly corner of East Coast Highway and Carnation Avenue (i.e., res- taurant site); and the northerly side of East Coast Highway, between MacArthur Boulevard and Newport Center Drive (i.e., off -site parking site), in Corona del Mar. ZONE: C -1 APPLICANT: Randall H. Johnson, dba Hemingway's Corona del Mar OWNER: James B. Wood, Corona del Mar Staff advised that the applicant has requested that this matter be continued to the Planning Commission meeting of -7- MINUTES April 5, 1984 City Of NeAWt Beach ROLL CALL JINDEX Motion Ayes Absent 0 Motion es sent x April 19, 1984, so as to provide additional time to review the valet operation and route in conjunction with the restaurant use and the adjoining commercial uses with the City Traffic Engineer. Staff had no objections with the applicant's request. Motion was made to continue this item to the Planning Commission meeting of April 19, 1984, which MOTION CARRIED. Use Permit No. 3093 (Continued Public Hearing) Item No. 5 Request to permit the construction.of a retail commercial U.P. 3093 building containing a 7- Eleven convenience store and small space for a retail shop and related offstreet parking Cont. to spaces on property located in the Unclassified District, 4/19/84 and the acceptance of an environmental document. LOCATION: Lot 717 of the First addition of the Newport Mesa Tract, located at 1495 Superior Avenue, being the triangular island bounded by Superior Avenue, Placentia Avenue, and 15th Street, within the West Newport Triangle. ZONE: Unclassified APPLICANT: The Southland Corporation, dba 7- Eleven Garden Grove OWNER: Shell Oil Company, Anaheim Staff advised that the applicant has requested a further continuance of this item to the Planning Commission meeting of April 19, 1984, so as to allow additional time to address the concerns of the Public Works Department regarding location of the proposed driveways. Staff had no objection with this request. Motion was made to continue this item to the Planning Commission meeting of April 19, 1984, which MOTION CA part April 5, 1984 MINUTES F m = m ° ° City of N ewport Beach ROLL. CALL INDEX • Motion Ayes Absent • Site Plan Review No. 35 (Public Hearing) Request to permit the construction of a marine- related commercial shop building to an existing marine repair facility in the "Recreational and Marine Commercial" area bf Mariner's Mile, and the acceptance of an environmental document. The request also includes a modification to the Zoning Code for the required size of parking spaces and aisle width in conjunction with the proposed development. LOCATION: A portion of Lot H, Tract No. 919, located at 2439 West Coast Highway, on the souther side of West Coast Highway easterly of Tustin Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANT: Turnstone Corporation, Newport Beach OWNER: Same as applicant The public hearing opened in connection with this item and Tim Evans appeared before the Planning Commission on behalf of the applicant. Mr. Evans stated that he has read the Findings and Conditions of Approval recommended in the staff report and is in concurrence therewith. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Site Plan No. 35, subject to the following findings and conditions, which NOTION CARRIED. 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. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed development is a high - quality proposal and will not adversely affect the benefits of occu- pancy and use of existing properties within the area. April 5, 1984 MINUTES x n City Of NeNport Beach �a ROLL CALL INDEX 4. The proposed development does not adversely affect the public benefits derived from the expenditures of public funds for improvement and beautification of street and public facilities within the area. 5. The proposed development will not preclude the attainment of the specific area plan objectives stated in the Land Use Element of the General Plan. 6. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City-wide-importance. 7. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 8. The proposed parking layout using a "sliding scale" for the required size of parking spaces and aisle . width will not under the circumstances of this par- ticular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and ele- vations, except as may be noted below. 2. That the applicant execute an irrevocable offer to dedicate a public walkway easement 10 feet in width to permit access for pedestrians from West Coast Highway to the bay and a 10 -foot wide lateral access across the waterfront, subject to the limi- tation that the City will not exercise or require the irrevocable offer to dedicate so long as the property is operated as a.boatyard or any other per- mitted use which would involve an operation rendering such public walkway easements a hazard to pedestrians. 3. That all improvements be constructed as required by ordinance and the Public Works Department. -10- April 5, 1984 MINUTES n R r • 510 f m C' ity of NeNWt Beach ROLL CALL . INDEX Ll n U 4.. That a standard site plan review agreement and accom- panying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the landscaping adjacent to the public right -of- way be subject to 'review and approval of the Parka, Beaches and Recreation Department and Public Works Department. 7. That full width sidewalk be constructed, that the 20' wide drive apron be constructed per City STD 166 -L, and that the misaligned curb be reconstructed along the West Coast Highway frontage under an encroachment permit issued by the California Department of Trans- portation, and that the State Encroachment Permit for the new drive approach be obtained prior to the issu- ance of building permits. 8. That a condition survey of the existing bulkhead along. the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condi- tion survey and to the satisfaction of the Building Department and Marine Department; that the design of the new portions of the bulkhead be' approved by the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 M.S.L.). 9. That the proposed development be constructed with a finish floor elevation above the curb elevation on West Coast Highway. Use Permit No. 3094 (Public Hearing) Request to permit the establishment of a take -out seafood restaurant in conjunction with a retail commercial fish market on property located in the commercial area of the Newport Shores Specific Plan area, and a request to waive a portion of the required offstreet parking spaces. -11- Item No. 7 Use Permit No. 3094 Approved Condi- tionally April 5, 1984 MINUTES • 3 r 1 ro mi o o 7t p ° m , Ci ty of NeNport Beach ROLL CALL I I I I I I I I INDEX • Motion Ayes Absent 0 Ix Ix LOCATION: Lots 7 and 8, Block 2, Seashore Colony Tract Addition, located at 213 62nd Street, Unit %B, on the southwesterly corner of 62nd Street and Newport Shores Drive, in the Newport Shores Specific Plan Area. ZONE: SP -4 APPLICANT: Bluewater Specialties, Inc., dba The Fishmonger, Newport Beach OWNER: Creative Ways, Inc., Costa Mesa The public hearing opened in connection with this item and Paul Strader appeared before the Planning Commission on behalf of the applicant. Mr. Strader indicated that he is in concurrence with the findings and conditions recommended in the staff report with the exception of Condition No. 8, which provides that the two restaurant employees shall park on site at all times. Mr. Strader voiced concern with this proviso inasmuch as customers would be unable to utilize the parking spaces. Mr. Strader stated that he lives in the Newport Shores area, within walking distance to the facility and, hence, does not plan to drive. He further commented that the other employee will not be driving either since he rents an off - street parking space within the Newport Shores area. Mr. Strader urged that the two parking spaces be made available for customer parking during their hours of operation. Commissioner Kurlander clarified that if the employees do not drive, customers would be able to park in the subject spaces. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Use Permit No. 3094, subject to the following findings and conditions, which MOTION CARRIED. -12- COMNU5L,W*J S April 5,. 1984 . MINUTES ;x m m 4 City of NeNport Beach ROLL CALL - INDEX FINDINGS: 1. That the proposed use is consistent with.the Land Use Elements of the General Plan and the Adopted Local Coastal Program, and is.compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking spaces, parking circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the struc- ture has been in existence for many years. 4. The approval of Use Permit No. 3094 will not under the circumstances of the case be detrimental to the health, • safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improve - ments in the neighborhood or the general welfare of the City. I CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That the parking lot shall be lighted in such a manner as to provide adequate illumination to all areas of the lot without causing any light or glare to impact adjacent properties. 3. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoin- ing streets. I 4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 5. That grease interceptors shall be installed on all fixtures where grease may be introduced into the • drainage systems in accordance with the provisions of the Uniform Plumbing Code. i I -13- April 5, 1984 MINUTES � a 1 p n ° ° City of Newport Beach ROLL CALL I I I INDEX LJ • 6. That a washout area for the restaurant trash con- tainers be'provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains if required by the Building Department. 7. That a minimum of two on -site parking spaces shall be provided for the proposed take -out restaurant. 8. That the two restaurant employees shall park on site at all times. 9. That the restaurant facility shall be limited to the hours of 11:00 a.m.;, to 9:00 p.m. daily. 10. That the development standards related to circula- tion, walls, landscaping, utilities, and a portion of the parking requirements are waived. 11. That the service of any alcoholic beverages is -pro- hibited unless an amended use permit is approved. 12. That the Planning Commission may add /or modify con- ditions of approval to this use permit, or recommend to the City Council the revocation of this use per- mit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. A. Koll Center Traffic Phasing Plan Amendment No. 4 Item No. 8 (Discussion) Request to approve an amendment to the Koll Center Newport Traffic Phasing Plan so as to transfer space from 'Office Site A" to 'Office Site B ". no. v AND Approved B. Amendment No. 606 (Public Hearing) AND Request to amend the Roll Center Newport Planned Community Amendment Development Standards so as to transfer the undeveloped No. 606 ruining allowable area for office, restaurant and retail uses from 'Office Site A" to 'Office Site B ". Approved -14- April 5, 1984 MINUTES 4 0 City of N t Beach ROLL CALL INDEX gon x x x x Absent Motion Ayes Absent x x x LOCATION: Office Sites "A" and "B" of the Koll Center Newport Planned Community involving property located on the easterly and westerly sides of Von Karmen Avenue between Birch Street and MacArthur Boulevard. ZONE: P -C APPLICANT: Roll Center Newport, Newport Beach OWNER: . Same as.applicant The public hearing opened in connection with this item and there being no one desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Amendment No. 4 to the Roll Center Newport Traffic Phasing Plan, subject to the following findings, which MOTION CARRIED. FINDINGS: 1. That the proposed transfer of remaining allowable development from 'Office Site A" to 'Office Site B" will not result in any changes to the findings and conclusions as established in the previously approved Traffic Phasing Plan. 2. That the proposed amendment to the Traffic Phasing Plan is consistent with the Newport Beach General Plan and the Planned Community Development Plan for Koll Center Newport. Motion was made for approval of Amendment No. 606, sub- ject to the following findings, which MOTION CARRIED. FINDINGS: 1. That the proposed transfer of remaining allowable development from 'Office Site A" to 'Office Site B" is consistent with the General Plan of the City of Newport Beach. 2. That the proposed transfer of remaining allowable development will not result in any significant environmental impacts not previously considered in the Certified Final EIR.. -15- COMMISSIONERS April 5, 1984 MINUTES • 9 d m Motion Ayes Absent n U x 1x 121 Ix I 3. That there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with the proposed transfer of remaining allowable development. ADDITIONAL BUSINESS Motion was made to review amendments to the Housing Ele- ment of the General Plan at an Adjourned Planning Commis- sion meeting on April 16, 1984 at 4:00 p.m., which MOTION CARRIED. � � e Commissioner Winburn requested, and received, permission to be excused from the Planning Commission meetings of April 16, 1984 and April 19, 1984. There being no further business, the Planning Commission adjourned at 8:20 p.m. to an Adjourned Planning Commissil meeting to be held on April 16, 1984 at 4:00 p.m. James Person, Secretary City of Newport Beach Planning Commission -16- INDEX