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HomeMy WebLinkAbout04/15/1976COMMISSIONERS ac m a M $ to CITY OF NEWPORT BEACH m a m a� m r V5 i m r< ➢ Regular Planning Commission Meeting • < ' A Place: City Council Chambers m Time: 7:00 P.M. ROLL CALL i Date: April 15, 1976 Present Motion Ayes Abstain ion Ayes 0 MINUTES INDEX X X X X X X X EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Planning Shirley. Harbeck, Secretary X Minutes of the Regular Meeting of March 18, 1976, X X X X X X were approved as written. Commissioner Frederick - X son abstained as he was not a member of the Commis- sion at that time. X Minutes of the Regular Meeting of April 1, 1976, were approved as written. I Item #1 Request to approve a Final Map so as to subdivide FINAL MA 16.111 acres into 49 lots for single family TRACT residential development and 3 lots for landscape purposes. PPROVED Location: Portion of Blocks 92 and 97, Irvine's ONDI- Subdivision, located on the south- TTURNTELLY easterly side of New MacArthur Boulevard, adjacent to the Big Canyon Reservoir, in Harbor View Hills. (Phase III - Broadmoor - Pacific View) Zone: P -C Applicant: Broadmoor Homes, Inc., Tustin Owner: Pacific View Memorial Park, Newport Beach Engineer: Raub, Bein, Frost and Associates, Newport Beach Page 1. COMMISSIONERS xm > ki m CITY OF NEWPORT BEACH m x x < y < A A • Z N N ROLL CALL oz April 15, 1976 Motion All Ayes Sion All Ayes MINUTES INDEX X Rob Carley with Raub, Bein, Frost and Associates appeared before the Commission and concurred with the staff report and recommended condition. There being no further discussion, motion was made that Planning Commission recommend to the City Council that Final Map of Tract No. 9047 be approved, subject to the following condition: 1. That all applicable conditions of approval of the tentative map of Tract No. 9047 shall be fulfilled. Request to approve the Final Map of Tract.No. 9132 Item #2 FINAL MAP so as to subdivide 0.825 acres for single family CST residential development. ST'3 Location: Portion of Lot 1, Tract 464, and a APPROVED portion of an abandoned street,. CCONDI- located at 470 Westminster Avenue,. TIDALLY on the southeasterly side of West- minster Avenue between Clay Street and Broad Street in Newport Heights Zone: R -1 Applicant: Grant Warmington Builders, Irvine Owner: John F. Vogel, Newport Beach Engineer:` Southwest Engineering, Orange Community Development Director Hogan reviewed a change to Condition No. 1 and recommended that it read as follows: "That all conditions of approval for the tentative map for Tract No. 9132 shall be fulfilled including the plotting of the dwelling on Lot 5 as reviewed and approved by the City Council, on February 23, 1976." Taylor.Grant appeared before the Commission on, behalf of the applicant and concurred with the staff report and recommended condition as amended. X There being no further discussion, motion was made that Planning Commission recommend to the City Council that the Final Map of Tract No. 9132 be approved, subject to the following condition:. Page 2. COMMISSIONERS v m Ti X f f m x { N ROLL CALL 2 0 0 CITY OF NEWPORT BEACH MINUTES April 15, 1976 fueor 1. That all conditions of approval for the tenta- tive map for Tract No. 9132 shall be fulfilled including the plotting of the dwelling on Lot 5 as reviewed and approved by the City Council i on February 23, 1976. Request to establish one building site and elimi- nate interior lot lines where four lots no exist so as to permit the remodeling of the exist ing Ltem#3 Albertson's Market on the property. Location: Lots 4 and 5, Block H of Tract No. 323 and Lots 1 and 3, Block 436 of Corona del Mar, located at 3049 .. East Coast Highway, on the south- westerly corner of East Coast Highway and Jasmine Avenue in Corona del Mar. Zone: C -1 -H Applicant: Albertson's Inc., Boise, Idaho Owner: E. Morris Smith, Newport Beach Engineer: Raub, Bein, Frost and.Associates; Newport Beach Staff advised that the number of spaces shown in Condition No. 5 was incorrect and.should.read "78" spaces. Public hearing was opened in connection with this matter. Rob Carley with Raub, Bein, Frost and Associates appeared before the Commission on behalf of the applicant and concurred with the staff report and recommended conditions including the revision to Condition No. 5. Paul Hummel, 416 Heliotrope, Corona del Mar, appeared before the Commission and pointed out that the description of the surrounding property as indicated in the staff report was inconsistent since R -2 property is located to the northwest of the market complex and therefore the market is bounded on two sides by residential uses. He also Page 3. COMMISSIONERS CITY OF NEWPORT BEACH • a 9^11 rAA1 Anril 15_ 1Q7A MINUTES uncv questioned whether the alterations would create additional sales area which could attract more people to the market and add to the parking con- gestion. Mr. Rob Carley advised that the sales area would not be increased. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Beckley requested that consideration be given to requiring 76 spaces at 9'6" rather than 78 spaces at 9 feet, the thought being that the smaller spaces were inadequate,'especially when attempting to load groceries into a car. Planning Commission discussed granting an exception to the parking requirements as well as the need for larger spaces in market parking lots. It was the understanding of the Commission that all of the existing 76 spaces in the parking lot were 9'6" wide and that they should be maintained as is, rather than increase the parking to 78 spaces by • reducing the width of the existing parking. Motion X Following discussion, motion was made that Planning All Ayes Commission make the following findings: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. i 4. That the site is.physically suitable for.the proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause substan- tial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. I 6. That the design of the subdivision or the proposed improvements are not likely to.cause serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict with Page 4. COMMISSIONERS CITY OF NEWPORT BEACH mxm Da x � • r�< p N MINUTES m onu reu Anvil 1G 1079 IMBFY any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. ! 8. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed . by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. 9. That there are special circumstances or condi- tions affecting the property in that the alterations will not increase the retail sales area of the market and the existing large . spaces are more convenient for customers. 10. That the exception is necessary for the preser- vation and enjoyment of a substantial property right of the petitioner in that the existing development will not be substantially changed and therefore it is not necessary to change the existing parking arrangement. 11. That the granting of the exception will not be detrimental to the public welfare or.injur:ious to other property in the vicinity in which °the property is located. and approve Resubdivision No. 518, subject to the following conditions: 1.. That a parcel map be filed. 2. That the existing curb returns at the inter - sections of Jasmine Avenue with East Coast Highway and First Avenue be reconstructed to a hew radius of 20 feet. 3. That the existing unused driveway approach along First Avenue near Jasmine Avenue be closed up. 4. That new P.C.C. sidewalk having a minimum width of five feet be constructed along the First Avenue frontage. 5. That there shall be a minimum of 76 spaces • maintained in the parking lot and that all existing spaces 916" in width shall not be reduced. Parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. Page 5. COMMISSIONERS CITY OF NEWPORT BEACH { A x a % A 0 • a ROLL CALL i April 15, 1976 0 MINUTES INDEX Item #4 Request to establish a restaurant facility with USE on -sale beer and wine in an existing commercial PERMIT building, and the acceptance of an offsite parking N0. 1778 agreement for a portion of the required parking spaces. APPROVED CON I- Location: Lots 5 and 6, Block B, Tract No. TIUMAILY 470, and a portion of Lot 9, Block 730, Corona del Mar, located at 2441 East Coast Highway, on the westerly corner of East Coast High- way and Carnation Avenue in Corona del Mar. Zone: C -1 Applicant: Randall H. Johnson, Balboa Island Owner: Jim Wood, Corona del Mar Assistant Community Development Director. Hewicke.r. distributed a letter dated April 14, 1976, receive from Pension Administrators, Inc. granting the applicant the use of their parking lot for a period of 2 years. Public hearing was opened in connection with this matter. Randall H. Johnson, applicant, appeared before the Commission and concurred with the staff report and recommended conditions. Bill Cvengros appeared before the Commission on behalf of the present occupant, Lamplighter Interiors, and advised that they have not as yet received notice to relocate and they do not want to relocate the business which has been established at this location for the past 30 years. He also commented on the present use which was of low intensity and required very little parking as opposed to the restaurant use which will require a considerable amount of parking and increase the intensity. He pointed out the number of other restaurants in the immediate area, felt this would only add to the congestion, and advised of the opposition in the neighborhood to the proposed restaurant. Mr. Cvengros questioned the planning aspects of Page 6. COMMISSIONERS ➢p A m ; "W CITY OF NEWPORT BEACH { a a MINUTES N ROLL CALL °z April 15, 1976 INDEX allowing another restaurant in the area and was advised by the Planning Commission that the restaurant was an allowable use at the proposed location and they had no control over the relation - ship between owners and tenants, therefore, their decision must be based on the plan being presented and not with preference of use. Paul Hummel, 416 Heliotrope, Corona del Mar, appeared before the Commission and commented on the use of R -2 property adjacent to commercial property for parking without some orderly plan. J. R. Blakemore, resident of Corona del Mar, appeared before the Commission to comment on.the . need for buffers between commercial and residential property. James Wood, 416_Carnation, owner of the subject property, appeared before the Commission and advis he had not as yet made a commitment to either the present tenant or the proposed tenant other than • to investigate the possibility, and advised that his personal preference would be that of allowing_ the restaurant because of the type of food and operation proposed. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Agee advised of his general support of new restaurants in new areas where parking was available, however, he could not support a restau- rant in old Corona del Mar at this location because of the traffic congestion and adjacent residential property. Commissioner Seely commented on the request and felt that it should be approved because it was an allowable use, parking was being provided, and in view of the fact that a condition was being recommended limiting approval to 2 years at which time the operation would be closely reviewed prior to granting an extension. Motion X Motion was made that Planning Commission make the Ayes X X X X X following findings: s 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. Page 7. COMMISSIONERS D W I 9 N • � a 0 ROLL CALL z CITY OF NEWPORT BEACH April 15, 1976 MINUTES INDEX 2. The project will not have any significant . environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. A portion of required parking spaces for the proposed restaurant facility on separate lots from the building site is justifiable for the following reasons: (a) The offsite parking lots adjoin the restaurant site and are easily accessible. (b) The proposed development will not create: undue traffic hazards in the surrounding area. (c) The applicant either has or can provide long term agreements for the use of the subject offsite parking lots during the evening hours of the week and on, weekends • or holidays when the restaurant will be in operation. 5. The approval of Use Permit No. 1778 will not, under the circumstances of this case.be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be .detri- mental or injurious to property or improvement in the neighborhood or the general welfare'of the City. and approve Use Permit No. 1778, subject to the following conditions: 1. That development shall be in substantial con- formance with the approved plot plan; except as noted in Condition No. 8. 2. That all exterior lighting and signs shall be approved by the Director of Community Develop - ment. 3. That all mechanical equipment and trash _.areas shall be screened from public streets or . adjoining properties. 4. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. Page 8. COMMISSIONERS < n p A 3 N ROLL CALL i 0 0 CITY OF NEWPORT BEACH MINUTES April 15 1976 INDEX In addition, the kitchen hood system shall have an automatic fire protection system installed. 5. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 6. That an offsite parking agreement shall be. approved by the City Council, guaranteeing that a minimum of 22 parking spaces shall be provided on Lots 5 and 7, Block 730 of Corona del Mar, for the duration of the restaurant use on the property in question: 7. That the restaurant facility shall not be open for business prior to 5:00 P.M. or after 10:00_ P.M., Mondays through Fridays, or prior to 9:00 A.M. or after 10:00 P.M. on weekends or holidays. These hours may be adjusted by the Planning Commission provided satisfactory parking can be provided in another location. 8. That the parking spaces on Lots 7 and 9 shall be restriped in accordance with a plan to be approved by the Traffic Engineer and if necessary the most northerly curb cut and driveway shall be closed up. Commissioner Agee reiterated his opposition to the request and felt that a more conservative approach should be taken until such time as a plan has been made for the area. Item #5 Discussion of City Council's Request for Planning LAND Commission recommendation on possible public TRR UE acquisition. RE�NECNT RECOM- Chairman Beckley requested comments from the MENDED audience regarding this matter. AC UI ON Pope Hilburn, 2195 Vista Entrada, appeared before IT the Commission and commented that possibly the . County and State should be involved in the acquis- ition because use of the property for public open space will benefit more than just the citizens of Newport Beach. Page 9. COMMISSIONERS qQ m a m ; "P ?ti CITY OF NEWPORT BEACH f 1� �T m r r D A m A m MINUTES N Qnu ceu April 15, 1976 luniv Robert Montgomery, representing the Natural History Foundation of Orange County, commented on the paleontological significance of the site and advised that although the paleontological signifi- cance alone would not dictate preservation of the site, there were other values present which make . the site unique, such as the educational value received by school groups who may study and collet .without destroying the scientific worth of the . fossils. He also pointed out that more species of fauna were located in this particular site than in any other site in the world. He felt that the site should be preserved in its 'present state and answered questions of the Commission relative. to the location of the deposits on the subject,'',. property. Phil Sansone, 215k Marguerite, Corona del Mar,_ commented on the increased tax burden being placed on older properties in the City resulting from a continuing rise in removal of property from tax rolls for parks or recreational facilities: which benefit the newer sections of the City._ He • recommended that alternative #2 be adopted.and.' should that fail, recommended alternative: #1 with the addition that payment be made by formation of., a tax district composed of Eastbluff residents. Bill Spencer, 304 Vista Madera, commented on_the instability of the bluffs along the Southern California coastline as well as erosion of the subject property into the bay. He felt that the purchase price was too high and that the property should be preserved as public open space rather than permit further development. John Stuart, 440 Vista Grande, commented that one source of revenue may be through the County Revenu Sharing Plan based on the fact that the site is an educational resource being used on a regional. basis. He recommended that alternative #4 be considered and the reason be amplified to include. the fact that new evidence had been presented whit would strengthen the need for public access from a scientific standpoint, and that on -going studies were being made in the Northbluff area in connec- tion with soil stability and drainage which may • have a bearing on the buildability of the site and may lower the purchase value. He also suggest ed that the General Plan be amended to reduce the current allowable density which in turn may have an effect on the appraised value of the land. Page 10. COMMISSIONERS CITY OF NEWPORT BEACH Mv April 15, 1976 OAII rAll MINUTES Commissioner Parker felt that the property in question was too valuable to the community to allow any further private development and, there -. Motion X fore, made the motion that the Planning Commission recommend to the City Council that the "land trade remnant" parcel be acquired as public open space by whatever means the City Council can devise. Commissioner Seely concurred with the motion and felt that the subject property was an extremely desirable and valuable site for Newport Beach to preserve and was unique in that it is located adjacent to an existing park, is readily available to the local elementary school and residents of the Eastbluff area, and views of both the upper: and lower portions of the bay may be seen from the site. He commented on the economics and possible acquisi- tion through participation in a bond issue. . Commissioner Frederickson commented on, the import- ance of acquiring additional public open space whether or not it had scientific value. Commissioner Williams commented on "developed ". open space vs. "undeveloped" open space and`felt this property may be a candidate for undeveloped open space; therefore, the great need would be that of acquisition before the site is lost to private ownership and future park development, if any, could come at a much later date. Commissioner Agee commented on the development.of' park sites and public open space which now require constant maintenance and use of funds which may ; otherwise be available for acquisition of st..tes:. such as the "land trade remnant" which would not require immediate development or maintenance. He also suggested that some action be taken to amend the General Plan in order to determine a more ` realistic density for the subject property. Commissioner Heather felt that the property in question was a valuable and unique parcel and since it was the concensus to acquire the property,. suggested the possibility of acquisition by means of a joint venture with the homeowners association, school district, or other public agency, because . of the potential use by others. Commissioner Beckley commented that from a paleon- tological standpoint, this was not a dominant_ scientifically valuable site and, therefore, Page 11. COMMISSIONERS m N N nor. rua � CITY OF NEWPORT BEACH Gnril 1&;_ 197A MINUTES �u ncv preservation may not be warranted as indicated by previous information and testimony. He also voiced concern that the parcel was too big to maintain in the park development concept; that it I may be better to develop the property rather than leave it as open space and allow erosion to continua, into the.bay; that acquisition of the parcel may riot be in balance with the rest of the City since it was number three on the priority list ;.and felt that alternative #2 may be the best recommendation. Ayes X X X X X X Following the above comments, motion was voted on_ Noes X and carried. Motion X There being no further business, motion was made All Ayes to adjourn. Time: 9:00 P.M. AMES ARKER, Secretary Planning Commission. City of Newport Beach Page 12.