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HomeMy WebLinkAbout05/03/1973COMMISSIONERS CITY OF NEWPORT BEACH 9 m� m�y�my�?�o Regular Planning Commission Meeting iz -^ Place: City Council Chambers MINUTES p Z P Time: 7:30 P.M. cau Date: May 3, 1973 ,une.. Present Absent Motion Ayes Absent • Motion Ayes Absent is X X x x X X X Commissioner Beckley arrived at 9:45 P.M. 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 Director William R. Laycock, Senior Planner Shirley Morgan X Minutes of the regular meeting of April 19, 1973, X K X were approved as written. X x Item Al Request to amend a portion of Districting Map No. AMENDMENT 26 from an Unclassified District to 'a C -1 District NO.. 34 — and.the acceptance of an Environmental Impact Report. CONT. TO MAY 17 Location: Portion of Lot 2, Tract 140. 1125, located on the easterly side of Dover Drive between Westcliff Drive and Sixteenth Street on Old Casta- ways property. Zone: Unclassified Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant Planning Commission continued this matter to the X X meeting of May 17, 1973. X X X Item A2 Request to permit the construction.of a 6 unit USE apartment building in the C -1 -Z District. PERMIT 6� Location: Lots 9, 10, and ll, Block 10, Balboa Tract, located at 700 - 702 -704 East CONT. TO Ocean Front at the northeasterly MA9YT- corner of East Ocean Front and Page 1. COMMISSIONERS CITY OF NEWPORT BEACH 9 m�GrZZ ;p - T7c yV'gR'ga aO m �`� Z A`y m MINUTES %L cA« m p May 3, 1973 Motion Ayes Absent 0 Motion Ayes Absent F Motion Ayes Absent 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 X X X meeting of May 17, 1973. X X Item A3 Request to permit the construction of a duplex on a lot in the C -1 District. USE PERMIT T659— Location: Lot 12, Block 3, Balboa Tract, located at 410 East Balboa Boulevard CONT. TO on the north side of East Balboa MAY 17 Boulevard between Cypress and Adams Streets on the Balboa Peninsula. Zone: C -1 Applicant: William K. Stine, Balboa Owner: Same as Applicant X X X X Due to the fact that the applicant was not present at the meeting, Planning Commission continued this X X matter to the meeting of May 17, 1973. Item A4 Proposal to amend the Planned Community Development AMENDMENI Standards for "Harbor View Hills ",by reducing the _0776T_ permitted density in Areas 8 and 13. CONT. TO Location: Portion of Blocks 91 and 93, Irvine', 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 Planning Commission continued this matter to the X X meeting of May 17, 1973. X X X Page 2. COMMISSIONERS T �9n m?a�a0 n P CALL Motion Ayes Absent 0 0 CITY Mav 3. 1973 OF NEWPORT BEACH MINUTES ,unev nwcn Item A5 Proposal to amend the Planned Community Developmen AMENDMENT Standards for "Big Canyon" by reducing the permit- N0. 362 ted densities in Areas 1, 6, 10, and 14. CONT. TO Location: Portion of Blocks 55, 56, 92 and 93 AITT%— 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 Initiated by: The City of Newport Beach Planning Commission continued this matter to the x x meeting of May 17, 1973. x x Item A6 Request to permit a 1 foot 2 inch side yard set- MODIFICA- back for a new single family dwelling where the TT�F Ordinance requires 3 feet in the R -1 District. (Referred to the Planning Commission by the Modi- APPROVED fications Committee) G`URDT -_ TALLY Location: Lot 8, Block 13, Tract 772, located at 329 Colton Avenue on the wester- ly side of Colton Avenue, southerly of Sunset Drive in Newport Shores. Zone: R -1 Applicant: Edward A. Poore, E1 Monte Owner: Same as applicant Assistant Community Development Director Hewicker read a letter received from Signal Landmark dated April 27, 1973 and two letters received from J. C. Fellows dated April 27 and May 2, 1973, concerning this modification. Public hearing was opened in connection with this matter. Page 3. COMMISSIONERS 1"AL CALL CITY OF NEWPORT BEACH May 3, 1973 MINUTES �u nev mv�n James E. Miller, Attorney representing the applica t appeared before the Planning Commission and in courtroom fashion interrogated Ed Poore, the appli- cant; Warren Scott, 10313 Lower Azusa Road, E1 Monte, the contractor; Mrs. Marilyn Poore, 2811 Washington Street, E1 Monte, wife of the applicant J. N. .Miller, 34375 Dana Strand Road, Dana Point, a general contractor; and Mr. Wells, the survey engineer. Slides were shown of setbacks on other properties in the area indicating smaller setbacks than those required and the following documents were submitted for review, to wit: copy of the building permit; sketch for encroachment permit;. "stop notice" inspection card; copy of a letter of offer and acceptance between the Poores, their contractor and surveyor and Mr. Fellows, the owner of the home adjoining to the south who was object - ing to the setback, dated May 1, 1973; and copy of letter dated May 2, 1973 from Mr. Fellows stating he had no objection to the granting of the modific - tion. Mrs. Poore also presented a petition signed by 25 of the neighbors stating they had no objecti ns • or complaints to.the side yard requested. The background of events was thoroughly reviewed including the possibility of a new survey of the entire area to determine the correct property line and whether or not a modification was necessary. There being no nothers desiring to appear and be heard, the public hearing was closed. Motion Following discussion, Planning Commission approved Ayes X X Modification No. 630 with the requirement that the Noes X applicant take whatever steps were necessary to Absent X X X comply with the Uniform Building Code and also tha the Commission find that the establishment, main- tenance, or operation of the use of the property or building will not, under the circumstances of the particular 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 injuriou 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 Municipa Code.. Page 4. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES IWLL CALL May 3, 1973 INDEX Item A7 Request to construct a 4 unit apartment complex USE in the R -3 District in accordance with the pro- PERMIT visions of Ordinance No. 1490. 1665 Location: Portion of Lots 8 and 9, Block 22, CONT. TO East Side Addition to Balboa Tract, JUNE 21 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 Assistant Community Development Director Hewicker advised the Commission that the staff would recomm nd • a change in Condition No. 1 to include adherence. to the 24/28 Foot Height Limitation Zone. He also presented the Planning Commission with a packet containing 11 letters in opposition to the request which was received prior to the meeting. Public hearing was opened in connection with this matter. Dan Connelly, applicant, appeared before the Planning Commission and stated he agreed with the conditions as recommended by the staff. Thomas Kamph appeared before the Planning Commissi n in opposition to the request and presented a petit on containing 80 signatures in opposition. Dan Connelly appeared before the Commission in rebuttal to statements made and stated the request was for a 4 -unit condominium to be used by permane t residents. Thomas Kamph appeared and responded to Mr. Connell 's rebuttal. It was pointed out to those present by Community • Development Director Hogan that as many as seven units could be constructed on the property if Ordinance No. 1490 were not in effect. Page 5. COMMISSIONERS CITY OF NEWPORT BEACH 9T GrSS ;,o MINUTES A P ALL May 3, 1973 INDEX Motion *tion es Noes Absent John Blaich, Trustee, appeared before the Planning Commission and reiterated that the property was zoned R -3 and by developing it with only 4 units, there was a decrease in the density. Shirley Moore, 1309 E. Balboa, appeared before the Commission in opposition, commented on the zoning, and requested that the matter be continued until the correct zoning could be ascertained. Planning Commission discussed the matter, including the General Plan and proposals for the Balboa Peninsula. X Following discussion, motion was made that no' action betaken on Use Permit No. 1665 until such time as the City Council has acted on the Land Use Element and Residential Growth Element of the General Plan and specific zoning has been applied to the property. X Following further discussion which disclosed the X fact that a specific action had to be taken in X connection with this matter, Planning Commission X X X continued Use Permit Application No. 1665 to the meeting of June 21, 1973. Planning Commission recessed at 9:50 P.M. and reconvened at 10:00 P.M. Commissioner Beckley arrived at 9:45 P.M. Item AB Request. to permit the sale of boats and boat USE trailers in the C -1 -H District. PERMIT T6V6 Location: Portion of Lot 48 and Lots 45, 46 and 47, Tract 1210, located at APPROVED 1300 West Coast Highway on the CONDI- northerly side of West Coast High- T`MN LY way across from the Balboa Bay Club. Zone: C -1 -11 Applicant: Tru -Gritt Enterprises, Balboa Islan Owner: Tract 1210 Ltd., Newport Beach Page 6. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES D� T T � ;,'^ ROLL CALL mp May 3, 1973 Assistant Community Development Director Hewicker reviewed this matter with the Commission and pre- sented a letter received from Tract 1210 Ltd., dated May 3, 1973, commenting on the use and various conditions being recommended by the staff. Public hearing was opened in connection with this matter. Ken Gavitt, applicant, appeared before the Plannin Commission to answer questions and stated he would be willing to landscape and provide. off- street parking on his portion of the property and would not use the roof sign but would provide another type of sign. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, Planning Commission approved Ayes XX XX Y Use Permit Application No. 1666 subject to the sent X X following conditions: 1. That a minimum of 6 offstreet parking spaces shall be provided for the boat sales facility on the easterly 80 feet of the subject property. Said spaces shall be provided with wheel stops and markings as required by the City's offstre t parking standards. 2. Minimum 5 foot wide landscaped planters shall be provided on the easterly 80 feet of the sub ject property along West Coast Highway, except at the approved driveway. The planters shall be landscaped and irrigated in accordance with a plan approved by the Director of Parks, Beaches and Recreation. Said landscaping may consist of a variety of trees, shrubs and groundcovers, and shall be continuously maintained. 3. All signing shall be approved by the Director of Community Development. 4. This approval shall be for a one year period from the effective date of this action, and any request for extension shall be acted upon • by the Modifications Committee. Page 7. COMMISSIONERS i p = - � m OLL CALL 9 Motion Ayes Absent 0 CITY OF NEWPORT BEACH MINUTES May 3, 1973 iunry Item A9 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 14 8 & "The Galley" Restaurant. 1562 Location: Lot 10, Block 11, of Balboa Tract, REQUEST located at 810 East Balboa Boule- FOR vard on the north side of East Balboa Boulevard between Main EXTENSION MUM— Street and "A" Street on the Balboa Peninsula. Zone: C -1 Applicant: Thomas P. Olson, Newport Beach Owner: Dr. Robert Andrews, Costa Mesa Public hearing was opened in connection with this, matter and Dr. Robert Andrews, owner, appeared before the Planning Commission to state that an eviction notice had been sent to the applicant and requested that the extensions be denied. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion, Planning Commission denied X X X X extensions of Use. Permit No. 1418 and No. 1562. X X Item B1 Request to create two parcels of development. RESUB- DIVISION Location: Lot 1 and a portion of Lot 2 of Nb. 394 Tract 3232, located at the south- east corner of Marine Avenue and Bayside Drive adjacent to the APPROVED C Nom— Balboa Island bridge. T U CLY Zone: C -1 -H Applicant: The Irvine Co., Newport Beach Owner: Same as applicant Larry Moore, General Planning Administrator with The Irvine Company, appeared before the Planning Commission to answer questions of the Commission Page 8. COMMISSIONERS CALL Y T4r12 ;A m n Z P Z p ^' Motion Ayes Absent 41 0 CITY OF NEWPORT BEACH MINUTES May 3, 1973 iu ev nwcw and staff, particularly with regard to the establi h- ment of the easterly property line. He also state that the conditions as recommended by the staff were satisfactory. X Following discussion of this matter, Planning X X X X X Commission approved Resubdivision Application No. X X 394 subject to the following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as requir d by ordinance and the Public Works Department. 3. That any new driveway approaches to be con- structed as well as closure of existing unused driveway approaches be accomplished in accord- ance with an approved encroachment permit issued by the Public Works Department. 4. That separate water and sewer services to each parcel be constructed in a manner satisfactory to the Public Works Department. 5. That all vehicular access rights to Marine Avenue from Parcel 1 be relinquished to the City of Newport Beach. 6. That an easement be dedicated for the existing water line and pressure reducing station at the northwesterly corner of .Parcel 1. 7. That adequate precautionary measures be taken to protect the Balboa Island Bridge abutment in conjunction with development of the water- front area. Item B2 USE PERMIT Request for an extension of an existing use permit which allows a.garage with light repairs and service. TTT8_ Location: Lot 1 and a portion of Lot 2, Block REQUEST P, Tract 323, located at 3016 East FOR Coast Highway on the southeasterly MENSION corner of East Coast Highway and APPROVED Iris Avenue in Corona del Mar. TIUN�LY Zone: C -1 Page 9. COMMISSIONERS CITY OF NEWPORT BEACH y(,1 �^ r„ v f m Z Z MINUTES nu T'� mA p May 3, 1973 iunc„ Motion Ayes Absent • Applicant: Coast Auto Service Center (Les Schunk), Corona del Mar Owner: Same as applicant Assistant Community Development Director Hewicker commented on the need for an extension of the use permit. Les Schunk was present but had no questions regarding the request. X Planning Commission approved the request for an X X X X X extension of Use Permit Application No. 1178 X X subject to the following conditions: 1. That the applicant continue to comply with . Condition No. 1 (tire display), No. 2 (signs), and No. 3 (outside storage), of Use Permit No. 1178 as approved by the Planning Commission at its meeting of March 2, 1972. 2. The applicant shall comply with Conditions No. 4 through 9, as approved by the Commission at its meeting of March 2, 1972, within six . months unless construction has begun for the new automobile service center as approved under Use Permit No. 1178, as amended. 3. If the new tire facility is not constructed within six months, the matter shall be reviewe by the Planning Commission at the end of the six month period to determine compliance with Conditions No. 4 through 9, as approved by the Commission at its meeting of March 2, 1972 Item B3 Request to permit a marine engine repair shop in USE the Unclassified District. PERMIT 1667 Location: Portion of Block 54,.Irvine's Subdivision., located at 300 East APPROVED Coast Highway, northerly of East CC NE—D-F-- Coast Highway and westerly of. TrO KLY Bayside Drive on Upper Newport Bay. Zone: Unclassified Applicant: Bill King, Newport Beach Page 10. COMMISSIONERS CITY OF NEWPORT BEACH 1y0^`CymyO mnr.,+r MINUTES u CALL May 3, 1973 INDEX Owner: De Anza Bayside Village, Newport Beach Public hearing was opened in connection with this i matter. Bill King, 3901 Marcus, Newport Beach, appeared before the Planning Commission to answer questions in connection with his request. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, Planning Commission approved Ayes X XX Y Use Permit Application No. 1667 subject to the Absent X X following conditions: 1. That development be in substantial conformance with the approved plot plan except for minor modifications approved by the Department of Community Development. • 2. That the marine engine repair shop shall be limited to a maximum of two employees at one time. 3. That the proposed roof sign be deleted, but that two wall signs shall be permitted subject .to the approval of the Director of Community Development. 4. The work area shall be enclosed with maximum eight foot high solid fences, walls or gates. Slats woven into chain -link fencing shall be permitted. 5. That the applicant shall prepare and submit plans and specifications for the approval of the Director of Community Development which are designed to prevent oil and gasoline deposits from being washed into the tidal zone. 6. This approval shall be for a two year period from the effective date of this.action, and an requests for extension shall be acted upon by the Modifications Committee. Page 11. COMMISSIONERS CITY OF NEWPORT BEACH ➢ mGrS S MINUTES IL CALL mA p May 3. 1973 ....,�,. Motion Ayes sent 0 Request to permit a lighted tennis court in the R -1 -13 District. Further request to permit the 10 foot high tennis court fence to encroach to the side property lines. Location: Lot 125, Tract 1116, located at Item B4 USE PERMIT 1 WITHDRAWN 215 Evening Canyon Drive, on the west side of Evening Canyon Drive I between Seaward Road and Shorecliff Road in Shorecliffs. Zone: R -1 -B Applicant: Mr. and Mrs. D. C. Graham, Corona del Mar Owner: Same as applicant As recommended by the staff, Planning Commission X withdrew Use Permit Application No. 1668 and X X X refunded $115.00 of the $150.00 filing fee, the remaining $35.00 to be applied to a Modification Application to permit a 10 foot high fence to encroach to the side property lines on the subject property. Item B5 Request to permit a 200 sq. ft. wall sign in USE conjunction with an existing church in the R -1 PETMIT District. 6�§— Location: Portion of Lot A, Tract 919, locat- PARTIALLY ed at 2501 Cliff Drive, on the southAPPR side of Cliff Drive at E1 Modena CC N Avenue in Newport Heights. TYURTULY Applicant: First Baptist Church, Newport Beach Owner: State of California, Sacramento Planning Commission briefly reviewed the application and Assistant Community Development Director Hewic er Presented additional correspondence received in connection with the request. Criteria on signs fo churches, size of signs in various zones, and sign permit procedures were discussed. Public hearing was opened in connection with this matter. Page 12. COMMISSIONERS CITY OF NEWPORT BEACH T Iy�TY�y�DiO MINUTES 09L CALL mp A May 3, 1973 luny Frank Barton, Baker Street, Costa Mesa, appeared before the Planning Commission on behalf of the applicant, presented a prepared statement, reviewe same with the Commission and answered questions relative to the sign. The definition of a sign as stated in the Newport Beach Municipal Code was read by Assistant Communi y Development Director Hewicker. The following persons appeared before the Planning Commission in favor of the requested sign: Robert Barranza, 1527 Cumberland Lane, Newport Bea h; Hart Lawrence, local beach resident. There being no others desiring to appear and be heard, the public hearing was closed. The City Attorney was requested to comment on sign and their relationship to the Freedom of Religion portion of the Constitution. It was his opinion • that churches should comply with local sign ordin- ances and standards the same as any other organiza tion or business regardless of the contents. Planning Commission discussed the use permit pro - cedure as it related to churches and the fact. that I signs are considered when a use permit is granted. i The public hearing was re- opened and Mr. William Drake appeared before the Planning Commission to comment on the use permit procedure. The public hearing was again closed. Planning Commission discussed the matter and felt this was in fact a sign and should be.considered as such, therefore the main question was size... Motion X Following discussion, motion was made that the 200 sq. ft. sign be denied. Motion X Following further discussion, a substitute motion Ayes X X X X was made and amended that under Use Permit Applica Noes X tion No. 1669, a third sign, 15 square feet in siz .Absent y be approved subject to the following condition: 1. That sign and electrical permits shall be secu ed from the Department of Community Development. Page 13. Motion Ayes Noes Absent L] COMMISSIONERS CITY OF NEWPORT BEACH v mGr22; p MINUTES ALL May 3 , 1973 INDEX Item B6 Request to permit the construction of duplex that VARIANCE exceeds the floor area limitations in the R -2 1030 District in order to.provide driveway approaches to subterranean garages and to provide additional APPROVED parking. N - TIONALLY Location: Lot 3, Block B, Seashore Colony I Tract, located at 6204 West Ocean i Front, on the north side of West Ocean Front between Prospect and 62nd Streets in West Newport. i Applicant: Sterling H. Wolfe, Jr., Newport Beach Owner: Same as applicant Assistant Community Development Director Hewicker commented on the staff's recommendation for denial. Public Hearing was opened in connection with this matter. Sterling Wolfe, Newport Beach, applicant, appeared before the Planning Commission to answer questions and presented a letter responding to the staff report. He stated that in discussing the matter with the Coastal Commission, was advised they would be requiring two parking spaces for each unit. Since the City ordinance includes all garage area as part of the floor area ratio, this would reduce the liveable area and therefore a variance is requested. Ron Pollendine, Architect, appeared before the Planning Commission and commented on the design and parking. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion, Planning Commission found X X that the applicant had demonstrated several hard - X ships that exist in being denied the availability X X of two extra parking spaces and therefore approved Variance Application No. 1030 subject to the following condition: 1. That development be in substantial conformance with the plot plans and elevations as submitte except for minor modifications approved by the Department of Community Development. Page 14. COMMISSIONERS CITY OF NEWPORT BEACH YC m C E P ? A Z m MINUTES Qu. CALL m P May 3, 1973 ,u nev ADDITIONAL BUSINESS: A letter from Langdon & Wilson, Architects, dated . April 27, 1973, together with the proposed parking and median design for Koll Center Newport was presented to the Planning Commission for their information and review. Staff advised that unless the Commission had some objection, the plan would be approved. Planning Commission had no objection. Lewis S. Ackerman, 802 South Bay Front, Balboa i Island, appeared before the Planning Commission requesting a point of information on a proposed building at 804 South Bay Front, Balboa Island. Following a brief discussion, he was advised to meet with the staff concerning his plans. * * * * * * * * * * • There being no further business, Planning Commission adjourned the 12:35 meeting at a.m. • � 1��2 AC ELINE E. HEATHER, Secretary Planning Commission, City of Newport Beach • Page 15.