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HomeMy WebLinkAbout04/17/1975COMMISSIONERS CITY OF NEWPORT BEACLi. Tn ?, > p ;�i Regular Planning Commission Meeting Place: City Council Chambers MINUTES 2 p N Time: 7:00 P.M. A CALL Date: April 17, 1975 Present Motion All Ayes 0 Motion All Ayes 14i on All Ayes II�VGA 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 William R. Foley, Environmental Coordinator Shirley Harbeck, Secretary x Minutes of the Regular Meeting of April 3, 1975, were approved as written. * * * * * * * * Item #1 Proposed amendment to Chapter 20 of }he Newport AMENDMENT Beach Municipal Code as it pertains..o restaurants NO. 442 Initiated by: The City of Newport Beach CONT. TO MAY 15 x This matter was continued to the meeting of May 15, 1975. Item #2 Request to amend a portion of Districting Map No. AMENDMENT 50 from the R -1 -B District to the R -A District. NO. 443 Location: Portion of Block 93, Irvine's CONT. TO Subdivision located southerly of MAY 1 San Joaquin Hills Road between MacArthur Boulevard in Harbor View Hills. Zone: R -1 -B Applicant: Roger's Gardens - Newport Center, Newport Beach Owner: The Irvine Company, Newport Beach X Planning Commission continued this matter to the meeting of May 1, 1975. Page 1. COMMISSIONERS CITY OF NEWPORT BEACB m 14, TnN yy,o p Re CALL 1] Motion All Ayes n MINUTES April 17, 1975 ,u nev Item #3 Request to permit an amendment to a previously USE approved use permit that allowed the operation of PERMIT a commercial nursery and related retail sales, NO.1683 including the sale of garden furniture, so as to AMENDED` permit the expansion of the employee parking lot, and the plant display- storage areas of the subject CONT. TO . nursery. MAY 1 Location: Parcels 1 and 2 of Parcel Map 61 -41 (Resubdivision No. 401) and a portion of Block 93, Irvine's Subdivision, located at 2301 San Joaquin Hills Road, on the south - erly side of San Joaquin Hills Road between MacArthur Boulevard an proposed New MacArthur Boulevard in Harbor View Hills. Zones: R -1 -13, R -A Applicant: Roger's Gardens - Newport Center, Newport Beach Owner: The Irvine Company, Newport Beach X Planning Commission continued this matter to the meeting of May 1, 1975. Item #4 Request to create two parcels of land for RESUB- commercial development. DIVISION NO. 485 Location: Parcels 1 and 2 of Parcel Map 61 -41 (Resubdivision No. 401) and a CONT. TO portion of Block 93, Irvine's MAY 1 Subdivision, located at 2301 San Joaquin Hills Road, on the south- erly side of San Joaquin Hills Road between MacArthur Boulevard and proposed New MacArthur Boule 7 vard in Harbor View Hills. Zones: R -1 -B, R -A Applicant: Roger's Gardens - Newport Center, Newport Beach Owner: The Irvine Company, Newport Beach Page 2. COMMISSIONERS C m y m D m (� p m r m Rik CALL Motion All Ayes 0 Motion All Ayes CITY OF NEWPORT BEACH MINUTES April 17, 1975 Engineer: Raub, Bein, Frost & Assoc., Newport Beach X Planning Commission continued this matter to the meeting of May 1, 1975. Item #5 Request to permit the construction of a recrea- USE tional tennis club in "Newport.Place "' and the PE RMIT acceptance of an offsite parking agreement for a NO. 1751 portion of the required parking spaces.for tournament games. CONT. TO MAY Location: A portion of parcel 2 of Parcel Map 57 -27 (Resubdivision No. 415) located at 1450 Quail Street, west- erly of Dove Street, southeasterly of Westerly Place and northeasterly of Quail Street in "Newport Place." Zone: P -C Applicant: Joseph M. Avilla of MacArthur Sports, Newport Beach Owner: Emkay Development Co., Newport Beach X Planning Commission continued this matter to the meeting of May 1, 1975. Commissioner Hazewinkel stepped down from the dais and refrained from deliberation on the following item due to a possible conflict of interest in that he has worked as an agent for the applicant. He was deemed absent and Commis- sioner Heather chaired this matter. Item #6 Request for an Off -Site Parking Agreement in OFF -SITE conjunction with the expansion of a retail build- P R- KING ing located on the corner of Via Lido and Via AGREEMENT Oporto (3400 Via Lido), in the Lido Shops area. APPROVED Location: Lot 2, Tract 1235 (Port O'Call - CONDI- Pasadena); Lot 1, Tract 1235 and TIONALLY Page 3. COMMISSIONERS CITY OF NEWPORT BEACH a CAR m p � April 17, 1975 MINUTES a portion of Lot 2, Tract 1117 (Lido Village Parking Structure). Zone: C -1 -H Applicant: Warmington Development, Inc. Owner: Warmington Development, Inc. (Retail Building) Don Koll Company, Inc., (Parking Structure) Staff reviewed the parking situation in the Lido Village area and advised that by restriping the parking structure, 393 spaces would be available of which 383 were obligated, leaving a surplus of 10 parking spaces, one of which could be allocated as requested by Warmington Development. There was considerable discussion by the Planning Commission in connection with the parking situa- tion in Lido Village including parking which existed prior to construction of the parking • structure, use permits granted for the parking structure and the "Warehouse" restaurant, alloca- tion of parking to the various uses in the Lido Shops and the surplus parking which would be created.by reason of the restriping of the parking structure. Edward Warmington, owner of the building located at.3400 Via Lido, appeared before the Commission in connection with this request and commented on parking in the area. Staff recommended approval of the off -site parking agreement for one parking space in the parking structure subject to the condition that the City Council not approve the off -site parking agreement and the Department of Community Development not issue the building permit until such time as the restriping of the parking structure is complete. Tim Strader, representative of the Lido Village Development, appeared before the Commission and advised of their willingness to restripe the parking structure. ion X Following discussion, motion was made recommending s X X X X X approval of the off -site parking agreement subject Absent X to the condition that the parking structure be Page 4. COMMISSIONERS R� CALL T p N April 0 Motion All Ayes • CITY OF NEWPORT BEACLI MINUTES 17, 1975 restriped to accommodate 393 parking spaces prior to execution by the City of the off -site parking agreement and prior.to the issuance of building permits by the Community Development Department. Commissioner Hazewinkel returned to the dais. Request to permit the amendment of a previously approved use permit that allowed live entertain- ment on Sundays in "Harry's N.Y. Bar and Grill" restaurant, so as to Permit live entertainment nightly in the subject restaurant. Item #7 USE PERMIT NO.. 1727 NDED) APPROVED Location: Parcel 2 of Parcel Map 45 -23 CONDI- (Resubdivision No. 347) located at 716—NALLY 4248 Martingale Way, westerly of MacArthur Boulevard, between Martingale Way and Dolphin- Striker Way in "Newport Place." Applicant: Harry's N.Y. Bar and Grill, Inc., Newport Beach Owner: W. W. Cruttenden, Jr., et al., Newport Beach Public hearing was opened in connection with this matter and there being no one desiring to appear and be heard, the public hearing was closed. X Following discussion, motion was made that Planning Commission make the following findings: 1. That the proposed use is compatible with the General Plan and the Land Use Plan of the "Newport Place" Planned Community. 2. That the introduction of live entertainment on a daily basis in the subject restaurant facility will be compatible with the surround- ing uses so long as the proposed use is confined to the interior of the restaurant building and no sound amplification is used which can be heard outside of the structure. 3. The approval of Use Permit No. 1727 (Amended) will not under the circumstances of this case Page 5. COMMISSIONERS CITY OF NEWPORT BEACH m � m � m < ➢ !L T p � p N CALL 0 Motion All Ayes MINUTES April 17. 1975 - invex be detrimental to the health, safety, peace, moral comfort and general welfare of persons 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 that the amendment to Use Permit No. 1727 be approved, subject to the following conditions: 1. That the entertainment be limited to a maximum of four musicians and the performances shall be limited to the hours of 11:00 A.M.to 12:00 Midnight daily. 2. That the live entertainment shall be confined to the interior of the restaurant facility. 3. That there shall be no sound amplification used outside of the restaurant building. Item #8 USE Request to permit the conversion of an existing four unit apartment building into a three unit PERMIT apartment complex in the C -1 -H District. N0. 1750 APPROVED Location: Lot 1 and a portion of Lot 2, Tract 1622, located at 3312 -3318 CONDI- Via Lido, on the northeasterly side 71DW LY of Via Lido, northwesterly of the Lido Isle bridge. Zone: C -1 -H Height Limitation District: 26/35 Feet Applicant: Fred Nyquist, Newport Beach Owner: Same as Applicant Public hearing was opened in connection with this matter. Fred Nyquist, applicant, appeared before the Planning Commission and concurred with the staff report and recommended conditions. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that the Planning Commission make the following findings: Page 6. 0 0 COMMISSIONERS CITY OF NEWPORT BEACH G� '" f+ m r m f <£ F P N CALL April 17, 1975 MINUTES 1. The proposed development does not conflict with the General Plan in that it will result in a decrease in residential density within the Commercial District. 2. The proposed remodeled apartment complex will be compatible with existing commercial and residential use§ located along Via Lido. 3. The four nonconforming garage spaces have adequate depth to provide vehicular storage for four automobiles. 4. The approval of Use Permit No. 1750 will not under the circumstances of this case be detrimental to the health, safety, peace, moral comfort and general welfare of persons 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 that Use Permit No. 1750 be approved subject to the following conditions: 1. That development shall be in substantial conformance with the approved floor plans and elevations. 2. That all four garage spaces shall remain accessible and usable for vehicular storage at all times. Commissioner Hazewinkel stepped down from the dais and refrained from deliberation on the following item due to a possible conflist of interest. He was deemed absent and Commissioner Heather chaired this matter. Item #9 Request to permit the subdivision of 17.79 acres TENTATIVE - into l numbered lot for commercial development, MAP - 6 numbered lots for attached single family devel- TRACT opment, 4 lettered lots to be developed as private 8787 streets, and 1 lettered lot to be developed as a larcdscape area; and the acceptance of an environ- APPROVED mental document. CONDI- 7T717RE.L Y Page 7. COMMISSIONERS CITY OF NEWPORT BEACLI m ; Rip CALL • 0 MINUTES April 17. 1975 Location: Portions of Blocks 91 and 92, Irvine's Subdivision, located on the southeasterly corner of New MacArthur Boulevard and Ford Road, consisting of Areas 13 and 14 in the "Harbor View Hills ".Planned Community. Zone: P -C Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant Engineer: Simpson - Steppat, Newport Beach . City Engineer Nolan reviewed a revision to Condi -. tion No. 12 relative to the design of access connections to Ford Road and recommended an addi- tional condition No. 30 relative to credit for improvements constructed beyond the responsibility of the developer as provided for in the Capital Improvement Policy. Mr. Nolan also reviewed a plan for the future realignment of Ford Road at the intersection of Old MacArthur Boulevard and answered questions of the Commission relative to public works requirements. Environmental Coordinator Foley reviewed a revised site plan indicating a free right turn lane at the intersection of Ford Road and New MacArthur Boulevard and relocation of the access points on Ford Road to the east. He also reviewed a revision to Condition No. 23 which would provide for approval of a modification to the P -C develop- ment standards in connection with garage setbacks on private streets; a revision to Condition No. 24.which would provide for 1.5 guest parking spaces in accordance with the amended parking plan which was reviewed; and recommended an additional Condition No. 31 which would require that plans for pedestrian circulation be reviewed and approved by the Community Development Director Public hearing was opened in connection with this matter. Dave Neish, Manager, Planning Administration, The Irvine Company, appeared before the Commission and reviewed the proposed project which consisted of half residential and half commercial. He also answered questions in connection with the project and concurred with the recommended conditions. Page 8. COMMISSIONERS CITY OF NEWPORT BEACH G� n 9 T Yip T T T £ = T b Q� cei� m April 17, 1975 MINUTES MUG^ - Don Simpson of Simpson - Steppat appeared before the Commission and answered questions relative to the grading, removal of material from the site; and anticipated haul route. Planning Commission discussed the project in general and mitigating measures relative to conservation of energy. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed setbacks, pedestrian circulation, street lighting, and credit to the developer for street improvements. Motion X Following discussion, motion was made to accept Ayes X X X X X X the Environmental Impact Report; to make the Absent X following findings: 1. That the proposed residential and commercial uses on the site are in conformance with the General Plan, and are compatible with surround • ing land uses. 2. That the proposed development is.part of an approved Planned Community Development Plan and conforms with all requirements and either meets or exceeds all standards of development prescribed by that plan. 3. That the approval of Tentative Map Tract No. 8787 is consistent with the General Plan, and the proposed subdivision and land use is compatible with the objectives, policies, general land uses and programs specified by that plan. and recommended to the City Council the approval of Tentative Map Tract No. 8787, subject to the following conditions: 1. That all public improvements be constructed as required by ordinance and the Public Works Department. 2. That the portion of Ford Road within the tract be dedicated and improved. The improvements • shall include: a. Provisions for a segment of the master - planned bicycle trail. Page 9. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES 20 CALL T A A N April 17, 1975 - -' -" - AMUCA b. Street lights in the Ford Road parkway from New MacArthur Boulevard to the northeasterly side of the private street designated as Lot "A ". c. Free right -turn lane and island at the southeasterly corner of the. Ford Road -- New MacArthur intersection. 3. That the following special conditions of approval be applied to the private streets: a. The geometric and structural design shall be approved by the Public Works Department and shall be in conformance with the City's Private Street Policy. b. Construction shall be inspected by the .Public Works Department and the standard plan check and inspection fee shall be paid. c. Provision shall be made for guest and • service parking requirements in accordance with the private street policy and zoning regulations. d. The California Vehicle Code shall be enforced in the private street system. 4. That the existing temporary connection of Ford Road to Old MacArthur Boulevard be replaced with a new 4 -lane connection on the permanent alignment. A separate agreement. with a term of 3 years may be provided as the faithful performance guarantee for this requirement because of the long lead time anticipated for planning, negotiation with the State, and construction. 5. That the existing curb be moved back along the New MacArthur frontage and the street widened so as to provide for right turn lanes at the shopping center entrance and at the Ford Road intersection. 6. That the Subdivision Ordinance requirements for local street widths of sixty feet of right -of -way and forty feet of paved surface • be waived, and street widths be approved as shown on the tentative map. Page 10. COMMISSIONERS CITY OF NEWPORT BEACH D T Z Z o T ; is [1A11 M m N Aori l 17. 1975 MINUTES 7. That the Subdivision Ordinance requirement for maximum street grades of 7% be waived; . with steeper grades allowed, subject to approval by the Public Works Department, where made necessary for topographical reasons. S. That Section 19.16.030 of the Subdivision Ordinance regarding map.scale be waived provided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department. 9. That the boundary of the final map be checked by the County Surveyor before being submitted to the City for approval. 10. That easements dedicated to the City be a minimum of ten feet in width, with wider easements provided where shown on the tentative map and where required by the Public Works Department. 11. That vehicular access rights to New MacArthur Boulevard be dedicated to the City of Newport Beach, except for the entrance driveway to Lot 1 shown on the tentative map. 12. That the design of the access connections to Ford Road be modified as required by the Public Works Department; and vehicular access rights to Ford Road be dedicated to the City, except for Street A and a single driveway connection to Lot 1. 13. That the water capital improvement acreage fee be paid. 14. That storage capacity in San Joaquin reservoir equal to one maximum day's demand be dedicate to the City of Newport Beach. . 15. That the width of the private street (Street A) connection to Ford Road be increased as approved by the City Traffic Engineer. 16. That the cross - sectional configuration of the private streets designated as Lots "C" and • "D" be approved by the Public Works Department. 17. That the minimum diameter for the cul -de -sacs on the private streets shall be 80 feet, with an additional 4 feet surrounding the cul -de- Page 11. COMMISSIONERS Y 3 CITY OF NEWPORT BEACH Anril 17. 1Q75 MINUTES sacs clear of obstructions to provide space for the overhangs of fire trucks. 18. Fire hydrant locations shall be approved by, the Fire Department and the Public Works Department. 19. An emergency fire access shall be provided between Ford Road and Lot "C ", 'a private street, and shall be approved by the Fire Department. 20. The water main system for the proposed development shall be approved by the Fire Department. 21. Parkway trees shall be provided along New MacArthur Boulevard and Ford Road as required by the Parks, Beaches and Recreation Depart- ment. 22. That development shall be in substantial conformance with the approved plot plans and • elevations, except as noted in conditions Nos. 23 and 24. 23. That the Planning Commission approve a modification to the Planned Community development standards to require that garages be set back either 5 feet or more than 20 feet from the private streets. 24. That a minimum of 1.5 guest parking spaces per dwelling unit shall be provided in accord- ance with the amended parking plan. 25. That there shall be submitted.a declaration of covenants, conditions and restrictions setting forth an enforceable method of insuri g the installation and continued maintenance of the landscaping, walls, fencing and all physical features such as buildings, fire hydrants, utility facilities, open areas between dwelling groups, parking areas, drainage facilities and recreation facilities acceptable to the Department of Community Development, and in respect to legal enforce - ability, the City Attorney. 26. That detailed landscaping plans, including any perimeter walls and fences, and a water- ing system and schedule for installation, shall be prepared by a landscape architect Page 12. COMMISSIONERS CITY OF NEWPORT BEACH April 17. 1975 MINUTES - - -- '- -- IPMVCA 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 water system shall be installed in accordance with the approved plan and shall be properly maintained. In the event instal- lation of landscaping is not completed on schedule, the City of Newport Beach may require a reasonable guarantee for completion of said landscaping. 27. That all grading be in accordance with gradin plans and reports approved by the City's Civil Engineer- Grading and a qualified Soils Engineer. Upon completion of the grading, the Civil Engineer- Grading and the Soils Engiy eer shall certify that the grading has been completed according to the plans and the requirements of the grading ordinance. Reproducible copies of the "as= built" grading plans on standard size sheets shall be • furnished to the Department of Community Development. Special attention shall be given to design, construction and maintenance of desilting and erosion control measures during.the grading operations. 28: That the number of offstreet parking spaces for the proposed commercial uses in Area 14 shall meet Municipal Code requirements. 29. That all recommended conditions of approval from the Environmental Affairs Committee shall be met, as follows: a. That special attention be given to the installation and maintenance of walls and landscaping in the buffer area along the southerly edge of the project. Final plans for this area shall be reviewed and approved by the Community Development Department and Parks, Beaches and Recreation. b. That special architectural treatment be given to the roofs and rear elevations of the project in order to minimize any adverse visual impact. Page 13. COMMISSIONERS CITY OF NEWPORT BEACH RO csu ` m p p N Aori l 17. 1975 MINUTES - -- - -- Invcw c. That the final elevations of the fill on the northeast portion of the site be verified to ensure that it is above the flood plain. d. That a minimum of 1.5 guest parking spaces per unit be provided and that the final parking plan be approved by the Director of Community Development.. e. That the residential units be sound attenuated in order to achieve a maximum CNEL of 45 dB in any habitable room. f. That all air conditioners and other mechanical equipment in the commercial development be sound attenuated so as to produce a maximum CNEL of 55 dB at the property line. g. That the developer shall advise prospecti e buyers of the situation with respect to . school district boundaries, school • facilities, and inter - district transfer policies and that each escrow file shall contain a receipt indicating that notice regarding the school situation has been received by the prospective buyer. h. That potential archaeological and paleon- tological resources be explored in accord- ance with adopted City Policy. 30. That the excess of improvements constructed by the Developer on Ford Road and on New MacArthur Boulevard beyond the responsibili- ties established in the Capital Improvement Policy be credited to the Developer as provided for in the Capital Improvement Policy. 31. That plans for the pedestrian circulation system be reviewed and approved by the Director of Community Development. 32. That fill material to be removed from the site to the Coyote Canyon landfill shall be transported across The Irvine Company • property. 33. That lights in the commercial parking lot shall be shielded and the lighting plans shall be reviewed and approved by the Page 14. COMMISSIONERS CITY OF NEWPORT BEACH Z Am D p N A.CAU April 17 MINUTES io7r INDEX Community Development Department. Commissioner Hazewinkel returned to the dais. ADDITIONAL BUSINESS: Request to waive conditions of approval in connection with Use Permit No. 1694. Location: Portion of Lots 3, 4, and 5, Block 2, Seashore Colony Tract, located at 6204 West Coast Highway, on the northerly side of West Coast High - way between 62nd Street and Prospect Street, adjacent to Newport Shores. (Spaghetti Bender) Zone: S.P. 4 Applicant: Joyce Hoskinson, Huntington Beach Owner: Same as Applicant Community Development Director Hogan reviewed the request to allow the enclosure of a portion of the outdoor dining area on an interim basis and waive certain street improvements and landscaping of the parking lot until such time as the appli- cant is able to complete the entire remodeling as approved under the original use permit. Joyce Hoskinson, applicant and owner, appeared before the Commission to answer questions in connection with this matter. . BillBandaruk, homeowner in Newport Shores and member of the Executive Board for Civic Affairs, appeared before the Commission and requested that the matter be continued for two weeks in order to allow time for the Executive Board to review the request and evaluate its effect. Commissioner Beckley.commented on the concerns of the.people in Newport Shores to see that S.P. -4 is carried out to completion in order to up -grade the area. City Engineer Nolan commented on the.street improvement requirements and advised that it Page 15. INDEX COMMISSIONERS CITY OF NEWPORT BEACH ra m Tm4 = m <v i 00 PA11 m p m N Anril 17_ 1875 MINUTES would be impracticable to.construct the improve- ments at this time because of the drainage problem however, the alternative to construction was the posting of a bond and agreement guaranteeing construction at a later date, thus permitting the parcel map to be recorded. He brought up the question as to whether or not the City could legally issue a building permit prior to recorda- tion of the parcel map. In discussing the matter, it was apparent that there were misunderstandings on the part of the. applicant as to what was required by the City to enable recordation of the parcel map and the applicant was advised to contact the Public Works Department in order to clarify the matter. Motion X Fallowing discussion of the matter, motion - All Ayes was made to continue this request to the meeting of May 1, 1975. ion X There being no further business, motion was made Ayes to adjourn the meeting. Time: 9 :45 P.M. JAMES M. PARKER, Secretary Planning Commission City of Newport Beach Page 16.