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HomeMy WebLinkAbout04/19/1973COMMISSIONERS CITY OF NEWPORT BEACH m y M Regular Planning Commission Meeting Place: City Council Chambers MINUTES r� Date: April 19, 1973 Abu CALF p Time: 7:30 P.M. INDEX Present Motion Ayes Abstain u Motion All Ayes • X X X X X X X EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director David R. Baade, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Asst. Community Development Dir ctor William R. Laycock, Senior Planner Shirley Morgan X Minutes of the meeting of April 5, 1973, were X X XX X X approved with the inclusion that on Item B -13, X the records show that the motion was made by Glass Agee abstained due to the fact that he was absent from the meeting. * * * * * * * * * * Item Al Request to permit the construction of a 6 unit USE apartment building in the C -1 -Z District. PERMIT 1654 Location: Lots 9, 10, and 11, Block 10, Balboa Tract, located at 700 -702- 704 East Ocean Front at the north- CONT. TO MAY 3 easterly corner of East Ocean Front and Washington Street on the Balboa Peninsula. Zone: C -1 -Z Applicant: James W. Read, Jr., Seal Beach Owner: Basil K. Williamson, Balboa X Planning Commission continued this matter to the meeting of May 3, 1973. Item A2 Request to permit the construction of a duplex on a lot in the C -1 District. USE PERMIT 1655 Location: Lot 12, Block 3, Balboa Tract, located at 410 East Balboa Boule- CONT. TO MAY 3 vard, on the north side of East Page 1. COMMISSIONERS DCmGr y m ;,o T[1D NDD O BOLL CALL m Motion All Ayes Motion All Ayes CITY OF NEWPORT BEACH MINUTES April 19, 1973 R7i114-4 Balboa Boulevard between Cypress and Adams Street on the Balboa Peninsula. Zone: C -1 Applicant: William K. Stine, Balboa Owner: Same as Applicant X Planning Commission continued this matter to the meeting of May 3, 1973. Item A3 Proposal to amend the Planned Community Develop- ment Standards for "Harbor View Hills" by reducing the permitted density in Areas 8 and 13. JAMENDMEN Location: Portion of Blocks 91 and 93, Irvine's Subdivision, located south of Ford Road and east of MacArthur Boulevard in Harbor View Hills. Zone: P -C Owner: The Irvine Company, Newport Beach Initiated by: The City of Newport Beach X Planning Commission continued this matter to the meeting of May 3, 1973. Item A4 Proposal to amend the Planned Community Develop- AMENDMEN ment Standards for "Big Canyon" by reducing the N . 362 permitted densities in Areas 1, 6, 10, and 14. CONT. TO Location: Portion of Blocks 55, 56, 92 and MM Y 93 of Irvine's Subdivision, located north of San Joaquin Hills Road, west of MacArthur Boulevard, south of Ford Road and east of Jamboree Road. Zone: P -C Owner: The Irvine Company, Newport Beach Page 2. COMMISSIONERS vcm4rv��.a <N ZpZ m P LL CALL Motion All Ayes 0 Motion All Ayes 0 CITY OF NEWPORT BEACH MINUTES Aoril 19. 1973 unev Initiated by: The City of Newport Beach X Planning Commission continued this matter to the meeting of May 3, 1973. Item A5 Request to construct an emergency heliport in USE conjunction with Hoag Memorial Hospital. PERMIT 1659 Location: Parcel 1, R/S 15/30, located at 301 Newport Boulevard on the south- APPROVED westerly corner of Hospital Road and Newport Boulevard. CONDI- TI —NTULY Zone: R -1 Applicant: Hoag Memorial Hospital- Presbyterian Newport Beach Owner: Same as applicant Assistant Community Development Director Hewicker reviewed the staff report with the Planning Commis- sion. Public hearing was opened in connection with this matter. Keith Walley, Assistant Administrator of Hoag Hospital, appeared before the Planning Commission and answered questions relative to the structure of the heliport,weight of the helicopters using the facility and noise factors involved in the operation. Ken Taylor with the firm of Harnish, Morgan $ Causey, Architects, appeared before the Planning Commission and commented on the structure of the heliport. There being no others desiring to appear and be, heard, the public hearing was closed. X Following discussion, Planning Commission approved Use Permit No. 1659 subject to the following conditions: 1. That this permit shall not become effective until such time as the subject property is reclassified from the existing R -1 zone. Page 3. COMMISSIONERS CITY OF NEWPORT BEACH 9� T4fZy T; p mxN Tya �O MINUTES < Z p F DOLL CALL ^ Anril 1Q_ 1Q71 u,nev 2. That development shall be in substantial con- formance with the approved plot plans and eleva- tions except for minor modifications which may be approved by the Director of Community Development. 3. That the use of this facility shall be limited to aircraft operating under visual flight rule and shall be operated and clearly designated for emergency patient - related purposes only. No aircraft over 5,000 lbs. gross weight shall be permitted to land. 4. That all applicable requirements of the F.A.A. shall be met. 5. That all landings and take -offs shall be from and to an easterly direction over and toward the intersection of Hospital Road.and Newport Boulevard except where the pilot may determine that because of severe wind conditions at the time of the flight that such a procedure would be unsafe to the pilot, the aircraft or any • passenger. 6. At least one lighted aeronautic wind indicatin device shall be installed in a position which will be clearly visible to the pilot of any aircraft within any approach zone. . 7. On all touch down or landing areas provision shall be made for the collecting of fuel which may be spilled in the event of an emergency. Separator or clarifier tanks for collecting spilled fuel shall be installed under the approval of the Fire Department. 8. Provisions shall be made to keep the landing areas clear of personnel and equipment during landing and take -off operations. This shall be done by the erection of physical barriers, or by the placement of policing personnel. Adequate provision also shall be taken to guard against any person walking into any moving rotor. 9. No refueling equipment shall be installed or • maintained. 10. Lighting may be provided to illuminate the touchdown pad and immediate facility area only Page 4. COMMISSIONERS CITY OF NEWPORT BEACH Y mGr 2.1 T[�Y N 9qp� MINUTES *OLL CALL < .p p Anvil 10 1074 11. That the facility shall conform to the National Fire Protection Association Phamphle 418 - "Roof -top Heliport Construction & Protection." 12. No engine repair shall be done on a landing site, except such emergency work as may be necessary, and then only after special permit to do so has been obtained from the Fire Department of the City of Newport Beach, Minor engine adjustments shall not be deemed to be engine repair. 13. Explosives, flammable liquids, or other such dangerous substances shall not be loaded, carried or otherwise handled by helicopters utilizing pads approved by use permit procedu e. 14. There shall be no refueling of any aircraft, except in case of emergency, and then only after special permit to do so has been obtained from the Fire Department of the • City of Newport Beach. 15. Prior to issuance of a building permit, the Building Official shall require submission of the following: a) Structural and stress and strain analysis and certification by a registered enginee . b) Safety clearance from Civil Aeronautics Administration. Adequate provision shall be made for emergency landing areas. c) An insurance policy or policies insuring against all liabilities, judgments, costs damages and expenses which may accrue against or be charged to or recovered from the holder of the use permit by reason or on account of damage to the property of, injury to or death of any person arising from use and occupancy of and operations at the helispot by the sai holder of the use permit. This insurance shall be carried with a bonafide insurer authorized to do business within the State of California. The policy, or • policies shall be presented to the City Attorney for review and shall be in the following kinds of minimum amounts: Comprehensive Public Liability Insurance -- $100,000.00 per person, and Page 5. COMMISSIONERS CITY OF NEWPORT BEACH r mGr2 2; n " i z m MINUTES Z ,o 11 CALL April 19, 1973 wnoY E Motion All Ayes • $2,000,000.06 per accident; Comprehensive Property Damage Insurance -- $1,000,000.0 per accident. 16. This use permit may be revoked by the City of Newport Beach at any time if it appears the holder of the use permit has violated any condition of the permit as issued or has violated any rule or regulation by the Civil Aeronautics Administration of the United States or Civil Aeronautics Commission. Item A6 Request to amend a portion of Districting Map No, 1 from a C -1 -H District to an R -1.5 District. AMENDMENT NO. 366 Location: Lots 6 and 7, Block 6, Seashore REMOVED Colony Tract, located at 207 -209 FROM Lugonia Street, on the west side CC NDAR of Lugonia Street between Newport Shores Drive and West Coast Highway in Newport Shores. Initiated by: The City of Newport Beach X As recommended by the staff, Planning Commission removed this matter from the.calendar. Item A7 Request acceptance of an Environmental Impact EIR /NB Report in conjunction with request to subdivide 73 -029 40.257 acres into 5 lots for condominium develop- ment. TRACT 7989 Location: A portion of Lot A, Banning Tract, located northerly of 19th Street ACCEPTED and westerly of Whittier Avenue, north of County Island in West Newport. Zone: Unclassified Applicant: Leadership Housing Systems, Inc., Santa Ana Owner: Same as applicant Engineer: Shuirman & Simpson, Newport Beach Page 6. COMMISSIONERS CITY OF NEWPORT BEACH YC ,mn Gr y exn ; p P Z T 40LL CALL T p April 19, 1973 Motion All Ayes 0 0 MINUTES wnor X Following review, Planning Commission accepted the Environmental Impact Report and made the following findings: 1. That the E.I.R. is complete and contains all of the information required by the California Environmental Quality Act. 2. That the proposed land use is compatible with surrounding development and is consistant with the General Policy Plan. 3. That the proposed project will have a number of environmental impacts including: A. An increase in traffic. B. An increase in the demand for services and utilities. 4. That the property is vacant and that these impacts would occur to some degree regardless of what type of development was proposed. 5. That, in view of the prior use of the land, there are some unique and potentially hazardou conditions which exist on the site including A. Soils stability. B. Production of methane gas. 6. That these potentially hazardous conditions have been thoroughly studied and reviewed and that conditions have been placed on the projec to minimize these hazards to the maximum extent possible. 7. That alternatives to the proposed project have been reviewed. Item A8 Request to permit a maximum of 20% of the required MODIFICA off - street parking stalls for a proposed office TION 625 building to have a minimum dimension of 7'6" X 18'0" (for compact cars) where stalls with a APPROVED minimum dimension of 8'6" X 18'0" are presently required. CONDI- T3UNALLY Location: Parcel 8, Block 100, located at 180 Newport Center Drive on the Page 7. COMMISSIONERS CITY OF NEWPORT BEACH DCT4rgm ;�° . ,nnD,+gD O m �,m�, m ,,, MINUTES ` Z p P Ott CAtt A�, April 19, 1973 INDEX northwesterly corner of Farallon Drive and Anacapa Drive in Newport Center. Zone: C -O -H Applicant: Newport Coast Company, Newport Beac Owner: The Irvine Co., Newport Beach Planning Commission reviewed the request and discussed size of stalls, setting a precedent, and enforcement. Public hearing was opened in connection with th.is matter. John Kelsey appeared before the Planning Commissio and requested clarification of Condition No. 3 relative to assignment of parking spaces. He requested that they be allowed to assign some portion of the parking spaces to tenants of the • building. There being;no others desiring to appear and be heard, the public hearing was closed. Motion I X Following discussion, Planning Commission approved Ayes X X X X Modification No. 625 subject to the following Noes X conditions: 1. That the size of said spaces shall be 7'6" X .15'0 ". Said spaces shall be provided with wheel stops and otherwise marked as required by the City's off - street parking standards including the maximum allowed length marking. 2. That the compact spaces shall be clearly designated for the use of compact automobiles only. 3. That 80% of the required parking spaces, subterranean and surface, shall remain unassigned and that assigned spaces shall be full size spaces. Page 8. COMMISSIONERS CITY OF NEWPORT BEACH D�G�2Z; A ,n r m f+D NgDO WILL CALL � mP p April 19, 1973 Motion All Ayes 0 MINUTES IWnMY Item B1 Rehearing on request to create two parcels of land RESUB- where one.lot now exists. DIVISION 6T- Location: Portion of Lot 288 of Newport Heights Tract, located at 2201 - APPROVED 22nd Street, on the southwesterly corner of 22nd Street and Irvine CONDI- TION L Avenue. Zone: R -1 -B -2 Applicant: Mrs. Edna K. Hile, Newport Beach Owner: Same as applicant This matter was reviewed and discussed by the Planning Commission. City Engineer Nolan answered questions relative to easements and background information in connect with Irvine Avenue. on Mr. Hile, husband of Edna K. Hile, appeared before the Planning Commission in connection with this matter. He was reluctant to grant additional right -of -way for street purposes on Irvine Avenue and was mainly concerned with the preservation of the trees which he thought would have to be removed if a sidewalk was constructed. X Following discussion, Planning Commission approved Resubdivision No. 369 subject to the original seven conditions of approval with Condition No. 6 amended to read as follows: 6. That additional right -of -way for street purposes be dedicated as follows: A. An eight foot wide strip along the Irvine Avenue frontage, with satisfactory pro- visions to be made to protect the existing trees. B. A ten foot wide strip along the 22nd Stree frontage. C. A twenty -five foot radius corner cutoff at the intersection of Irvine Avenue and 22nd Street right -of -way lines. Page 9. COMMISSIONERS M r+ g N y q O WZ P p 0011 GALL m • Motion All Ayes • CITY OF NEWPORT BEACH MINUTES April 19. 1973 iunry Item B2 Request to create one parcel of land for develop- ESUB- ment. IVISION 0. 391 Location: Portion of Block 93, Irvine's Sub- division, located on the southerly PPROVED side of San Joaquin Hills Road bet- ND - ween Santa Rosa Drive and MacArthur TMUNTELY Boulevard in Newport Center. Zone: C -O -H Applicant: Mollenhauer, Higashi & Moore, Inc., Los Angeles Owner: The Irvine Co., Newport Beach Engineer: Same as applicant Planning Commission discussed the future of Avacado Avenue with the staff. Richard Moore of Mollenhauer, Higashi & Moore, Inca appeared before the Planning Commission and stated they had no objections to the conditions recommende by the staff. X Planning Commission approved Resubdivision Applica- tion No. 391 subject to the following conditions: 1. That a.parcel map be filed. 2. That all improvements be constructed as require by ordinance and the Public Works Department. 3. That water and sewer connections necessary to serve this parcel be constructed in a manner satisfactory to the Public Works Department. 4. That the Water Capital Improvement Acreage Fees be paid. 5. That all vehicular access rights to San Joaquin Hills Road be relinquished to the City of Newport Beach. Page 10. COMMISSIONERS CITY OF NEWPORT BEACH s £ p 2 m F P ALL T Sotion Ayes Noes Abstain 0 MINUTES Anril 1Q_ 1973 INDEX Item B3 Request to resubdivide two lots into 6 parcels for RESUB- D ISION development. N 92 Location: Portion of Lot A, Tract 919, located the southwesterly side of Cliff APPROVED on Drive, easterly of El Modena Avenue COND - and westerly of Fullerton Avenue in T NALLY Newport Heights. Zone: R -1 Applicant: View Park Homes, Costa Mesa Owner: Same as applicant Engineer: Donald E. Stevens, Costa Mesa Ed VandenBossche, applicant, appeared before the Planning Commission and stated he had no objection to the conditions as recommended by the staff. X Planning Commission approved Resubdivision No. 392 X X y X subject to the following conditions: X X 1. That a parcel map be filed. 2. That sidewalk and drive approach construction be waived until building construction. (See #3 below) Note: The other public improvement have been completed. 3. That a cash deposit be made to the City Treasurer in an amount equal to the estimated cost of the sidewalk and driveway approaches along the Cliff Drive frontage before approval of the final parcel map; the deposit to be reimbursed when construction is completed. 4. That the subdivider reimburse the City for the cost of the existing water services in Cliff Drive at the time the individual water meters are purchased. 5. That the subdivider convey to the City a five - foot wide sewer easement for sanitary sewer purposes extending from the southwesterly line of Parcel No. 6 to the northeasterly right -of- way line of West Coast Highway. Page 11. COMMISSIONERS M FyN m ya ya_O <� £ m Z Z Z P P 4OLL CALL Motion All Ayes 0 n U CITY OF NEWPORT BEACH MINUTES April 19. 1973 iunev Item B4 Request to resubdivide a portion of one lot into RESUB- 3 parcels for development. DIVISION NO. 393 Location: Portion of Lot 3, of Tract 7953, located at the southeasterly corner WITHDRAW of MacArthur Boulevard and VonKarma Avenue (proposed) in "Koll Center Newport." Zone: P -C Applicant: Koll Center Newport, Newport Beach Owner: Same as applicant Engineer: Williamson and Schmid, Santa Ana X At the request of the applicant, Planning Commission withdrew this matter from the agenda. Item B5 Request to permit a 1 foot 2 inch side yard set- MODIFICA back for a new single family dwelling where the TI N Ordinance requires 3 feet in the R -1 District. (Referred to the Planning Commission by the FR6—.630 Modification Committee) CONT. TO MAY 3 Location: Lot 8, Block 13, Tract 772, located at 329 Colton Avenue on the westerl side of Colton Avenue, southerly of Sunset Drive in Newport Shores. Zone: R -1 Applicant: Edward A. Poore, E1 Monte Owner: Same as applicant Planning Commission reviewed this matter and questioned staff as to past action on similar situations as well as the survey of this particular property. Public hearing was opened in connection with this matter. Page 12. COMMISSIONERS CITY OF NEWPORT BEACH ,�t�D ND pin MINUTES �tl Cnll �p p1 April 1 19, 1973 INDEX Edward A. Poore, applicant, appeared before the Planning Commission and requested the contractor, Warren A. Scott to speak on his behalf. Mr. Scott appeared before the Commission to answer questions pertaining to the situation and stated that a survey was made prior to construction but through error the markers were incorrectly placed and therefore the building was constructed within the required side yard setback. Planning Commission questioned the City Attorney as to the City's involvement in situations of this kind, to which the City Attorney replied that this was a civil matter between the property owner and his contractor and surveyor and the City had no obligation to become involved. Planning Commission questioned Mr. Scott as to what steps had been taken to resolve the matter between all parties including the objecting neighbor. Mr. Scott indicated that the neighbor did not want to cause any hardship and was willing • to withdraw his objection, however he was not present at the meeting and no letter had been received. It was also noted that a letter of concern had been received from Signal Landmark. Properties, fee owner of the adjoining property. Michael Wells, survey engineer, appeared before the Planning Commission and stated that the survey was made in error just prior to construction. There being no others desiring to appear and be heard the public hearing was closed. In questioning the City's liability if the matter was approved, the City Attorney advised that unless the matter was appealed to the City Council by the objecting neighbor and /or the fee owner of the adjoining property within the 21 day appeal period, they could not involve the City in a court action at a later date. Motion X Following discussion, motion was made to grant Modification No. 630 and require the applicant to take whatever steps are required in the way of removing the eave overhang and closing wall open- ings to meet.the requirements of the Uniform • Building Code; and also that the Commission find that the establishment, maintenance, or operation of the use of the property or building will not, under the circumstances.of the particular case, Page 13. COMMISSIONERS CITY OF NEWPORT BEACH rtnD9+y D 0 M R N te. rc P T 41011 CALL Motion Ayes Noes 0 Motion All Ayes 0 MINUTES April 19, 1973 ,uneY 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 improvements 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 the Municipal Code. X Fallowing further discussion, a substitute motion X X XX X was made to continue this matter to the meeting of X May 3, 1973, and the staff was directed to notify the objecting neighbor and the fee owner that the matter was being continued for the purpose of receiving an indication of their position, either in person or in writing, with respect to the requested encroachment. Item B6 Request to construct a 4 unit apartment complex in USE the R -3 District in accordance with the provisions PERMIT of Ordinance No. 1490. 1665 Location: Portion of Lots 8 and 9. Block 22, CONT. TO East Side Addition to Balboa Tract, MAY 3 located at 1319 East Balboa Boule- vard, on the south side of East Balboa Boulevard between "E" and "F" Streets on the Balboa Peninsula Zone: R -3 Applicant: Ilsley /Connelly, Newport Beach Owner: John A. Blaich, Trustee Under Declaration of Trust, Newport Beach X At the request of the applicant, this matter was continued by the Planning Commission to the meetin of May 3, 1973. Item B7 Request to permit the sale of boats and boat USE trailers in the C -1 -H District. PERMIT 1T6 C_ Location: Portion of Lot 48 and Lots 45, 46 and 47, Tract 1210, located at CONT. TO 1300 West Coast Highway on the MTY 3 Page 14. COMMISSIONERS D mGr22 ;„ T n D N D D O A OLL CALL 0 Motion All Ayes n U CITY OF NEWPORT BEACH MINUTES April 19, 1973 INDEX northerly side of West Coast Highway across from the Balboa Bay Club. Zone: C -1 -H Applicant: Tru -Gritt Enterprises, Balboa Islan Owner: Tract 1210 Ltd., Newport Beach Public hearing was opened in connection with this matter. Ken Gavitt, applicant, appeared before the Plannin Commission and pointed out that he was subleasing only the easterly 80 feet of the property and therefore did not feel he should be responsible for landscaping the entire property. He also commented on the good working relationship with Autohaus- Berlin, the shared office space, the sign on top of the building and the parking area. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion, motion was made to continue this matter to the meeting of May 3, 1973, and that the landowner, Tract 1210, be contacted by the staff and requested to submit their reactions to the staff report and the proposed conditions and also to the sublease in general and the situation created by the subleasing of a portion of land but where both parties commonly use the other portions. Item B8 Request for an extension of previously approved USE use permits allowing on -sale beer and wine with PERMIT live entertainment and dancing in conjunction with "The Galley" Restaurant. 8 & 1562 Location: Lot 10, Block 11, of Balboa Tract, RE UEST located at 810 East Balboa Boule- F vard on the north side of East EXTENSION Balboa Boulevard between Main Street and "A" Street on the BalboaCONT. TO Peninsula. M Y 3 Zone: C -1 Applicant: Thomas P. Olson, Newport Beach Page 15. COMMISSIONERS CITY OF NEWPORT BEACH ,MF ' � T T MINUTES < Z p A ALL 1 April 1q_ 1973 - ,unev Motion All Ayes .• Motion All Ayes • X Owner: Dr. Robert Andrews, Costa Mesa Planning Commission continued this matter to the meeting of May 3, 1973. Request to establish a residential planned commun- ity district (Newporter Apartments Site), and the tem B9 kMENDMENT . 372 I acceptance of an Environmental Impact Report (EIR /NB 73- 032). ONT. TO RY 7 Location: Portion of Block 55, Irvine's Subdivision, bounded.by Jamboree Road on the west, Irvine Coast Country Club Golf Course on the north and east, and north of a line coincident with an easterly exten- sion of Back Bay Drive. Zone: Unclassified Applicant: The Irvine Co., Newport Beach Owner: Same as applicant X Planning Commission continued this matter to the meeting of May 17, 1973. ADDITIONAL BUSINESS: Community Development Director Hogan reviewed the appeal by J. Shoffner from an administrative decision made in connection with property located at 5401 Seashore Drive, the question being whether or not the sloped area of the ramp should be counted as part of the floor area. Mr. Shoffner appeared before the Planning Commission and commented on the fact that all setback require- ments, height limitations, and off - street parking requirements had been met and did not feel the owner should be penalized by counting the sloped area as it is only a means of access to the parkin area. He pointed out that the building would not change in siz6 or height if the ramp were eliminated and the garage moved to the rear property line and much time and work has been spent in designing a residence which would be satisfactory to the owner and still meet the City's requirements. Page 16. COMMISSIONERS CITY OF NEWPORT BEACH DC m Gr v T i P T f D N D D O " N MINUTES Z j0 p ROIL call 7'� Anri l 19. 1973 LunFy Community Development.Director Hogan read the . definition of floor area as stated in the Municipal Code for the benefit of the Commissioners. Motion X Following discussion, motion was made that the Ayes X X X X X staff has errored and that the appeal is granted Noes Y X and that the sloping area is considered a driveway and noV to be counted in the floor area ratio. Motion X Planning Commission adopted Resolution N0. 804, All Ayes setting a public hearing for May 17, 1973, to consider amending Chapter 20.47 of the Newport Beach Municipal Code pertaining to the Modifica- tions Committee: Motion X There being no further business, Planning Commissi n All Ayes adjourned to April 26, 1973, at 7:30 P.M. in the City Council Chambers. Time of Adjournment: 10:55 PM. • kc urINNN__E_E.iHEATHER, Secretary Plann Commssion, City of Newport Beach Page 17.