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HomeMy WebLinkAbout05/05/1977COMMISSIONERS City of Newport Beach • m Y, W O� S'�i,; �L Regular Planning Commission Meeting Place: City Council Chambers Time: 7_00�P.�M. ROLL CALL Present X X X X X Absent 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 Motion Y Minutes of the Regular Meeting of April 21, 1977 A es were approved as written. Ient 6 Request to consider an amendment to Title 15 anc Title 20 of the Newport Beach Municipal Code as they pertain to the recodification of existing sign regulations. Initiated by: The City of Newport Beach Motion X Planning Commission continued this matter to tht Ayes X X X X X meeting of June 2, 1977. Absent X X Items #2 and #3 were heard concurrently because of their relationship. Request to amend the Planned Community Text for Newport Place with regard to the parking require • ment for the Sheraton Hotel. Location: The Planned Community of Newport Place, bounded by Birch Street, MacArthur Boulevard, Jamboree Roa and Bristol Street (North). Page 1. MINUTES INOP.X Item #1 AMENDMENT NO. CONT. TO UN2 I tem #2 AMENDMENT NT. 4 00 APPROVED X87 COMMISSIONERS city Mav F ROLL CALL Motion Ayes Absent Motion Ayes Absent. of Newport Beach 197 P -C Emkay Development and Realty Co., Newport Beach MINUTES • �. nuoe.x amend Use Permit No. 1547 in order to the proposed addition to the Sheraton to reconsider the parking requirements. Parcel Nos. 1 and 2 of Parcel Map 40 -11 (Resubdivision No. 313) locat- ed at 4545 MacArthur Boulevard, at the southwesterly corner of Mac Arthur Boulevard and Birch Street in Newport Place. UP Roman Kallmes, A.I.A., Newport Beach Cabot, Cabot & Forbes Land Trust, Boston, Mass. firings were opened in, connectin with ters. Imes, Architect, 1201 Dove Street, )efore the Commission in connection with uests and concurred with the staff report nendations. ng no others desiring to appear and be public hearings were closed. s made that Planning Commission adopt n No. 987 recommending to the City he approval of Amendment No. 490. s made that Planning Commission make the findings: the proposed use is consistent with the Use Element of the General Plan and is tible with surrounding land uses. roject will not have any significant onmental impacts. Page 2. Item APPROVED CONN — TIUWLY • A -490 UP -1547 (Amend) • Zone: Applicant Request t redesign Hotel and Location: Zone: Applicant Owner: Public he these mat Roman Kal appeared these req and recom There bei heard, th X Motion wa X X X X X Resolutio X X Council t X Motion wa X X X X X following X X 1. That Land compa 2. The p envir P -C Emkay Development and Realty Co., Newport Beach MINUTES • �. nuoe.x amend Use Permit No. 1547 in order to the proposed addition to the Sheraton to reconsider the parking requirements. Parcel Nos. 1 and 2 of Parcel Map 40 -11 (Resubdivision No. 313) locat- ed at 4545 MacArthur Boulevard, at the southwesterly corner of Mac Arthur Boulevard and Birch Street in Newport Place. UP Roman Kallmes, A.I.A., Newport Beach Cabot, Cabot & Forbes Land Trust, Boston, Mass. firings were opened in, connectin with ters. Imes, Architect, 1201 Dove Street, )efore the Commission in connection with uests and concurred with the staff report nendations. ng no others desiring to appear and be public hearings were closed. s made that Planning Commission adopt n No. 987 recommending to the City he approval of Amendment No. 490. s made that Planning Commission make the findings: the proposed use is consistent with the Use Element of the General Plan and is tible with surrounding land uses. roject will not have any significant onmental impacts. Page 2. Item APPROVED CONN — TIUWLY • A -490 UP -1547 (Amend) • COMMISSIONERS i� 1 City of Newport Beach May 5, 1977 BOLL GALL 3. That adequate parking is being provided on site for the entire hotel complex. 4. That the approval of Use Permit No. 1547 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety,, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injuri ous to the property or improvements in the neighborhood or the general welfare of the City. and approve the amendment to Use Permit No. 1541 subject to the following conditions:. 1. That the Use Permit be referred to the City Council for final approval. 2. That development shall be in substantial • conformance with the approved.plot plan and elevations. 3. That the final design of the parking lot shall be approved by the City Traffic Engine 4. That a total of 645 spaces be provided on . site. 5. That a parking lot lighting plan shall be reviewed and approved by the Director of Community Development. Parking lot.lightin(. similar to the existing lighting shall be provided throughout the parking lot. 6. That a landscape plan shall be reviewed and approved by the Directors of Community Deve' ment and Parks, Beaches and Recreation. Lai soaping shall be installed and maintained ii accordance with the requirements of the Planned Community Text. 7. That parking for the physically handicapped shall be provided in accordance with State law. Page 3. MINUTES lob id i INDEX COMMISSIONERS A. M ROLL CALL ity of Newport Beach ay 5, 1977 Ind #5 were heard concurrently because ^elationship. MINUTES r L INDEX Item #4 permit alterations to an existing MODIFI- in a Commercial District permitted by .a CATION lariance. The alterations include the NO.2058 i of an existing 500 square foot garage )mmercial use, and first and second DENIED itions to the living area. Four open )aces are proposed (where the Code two covered spaces for the residential Lot 9, Block 21, Newport Beach, located at 106 22nd Street, on the easterly side of 22nd Street northerly of the West Ocean Front in McFadden Square. C -1 Carl Ackerman Same as Applicant Item #5 3 permit the construction of a 1,000 SITE PLAN )t commercial building in an area REVIEW. d for a Specific Area Plan. The pro - includes a request for a modification six 8 foot 4 inch wide parking spaces DENIED (where the Code would require four 8 ch wide spaces independently accessible). Lot 10, Block 21, Newport Beach, located at 108 22nd Street, on the easterly side of 22nd Street northerly of the West Ocean Front in McFadden Square. I • C -1 Carl Ackerman Page 4. Items #4 i of their Request t dwelling previous conversio . area to cl floor add parking s, requires use). Location: Zone: Applicant Owner.: Request t square fo designate posal als to permit in tandem foot 6 in Location: Zone: Applicant Ind #5 were heard concurrently because ^elationship. MINUTES r L INDEX Item #4 permit alterations to an existing MODIFI- in a Commercial District permitted by .a CATION lariance. The alterations include the NO.2058 i of an existing 500 square foot garage )mmercial use, and first and second DENIED itions to the living area. Four open )aces are proposed (where the Code two covered spaces for the residential Lot 9, Block 21, Newport Beach, located at 106 22nd Street, on the easterly side of 22nd Street northerly of the West Ocean Front in McFadden Square. C -1 Carl Ackerman Same as Applicant Item #5 3 permit the construction of a 1,000 SITE PLAN )t commercial building in an area REVIEW. d for a Specific Area Plan. The pro - includes a request for a modification six 8 foot 4 inch wide parking spaces DENIED (where the Code would require four 8 ch wide spaces independently accessible). Lot 10, Block 21, Newport Beach, located at 108 22nd Street, on the easterly side of 22nd Street northerly of the West Ocean Front in McFadden Square. I • C -1 Carl Ackerman Page 4. COMMISSIONERS Clty Of Newport Beach MINUTES (A. ( z Mav 5. 1977 MOLL CALL Owner: Same as Applicant Staff distributed a letter received from the Central Newport Parking Committee to the Plannir Commission for review. Staff answered questions of the Commission relative to City Policy in connection with improvement of alleys. Public hearings were opened in connection with these matters. Dell Williams, Architect, appeared before the Commission on behalf of the applicant and advis that this was the first time he was aware of the interest in the property by the Central Newport Parking Committee. He also advised he had not received a copy of the staff report and request time to review the recommendations. ion X Motion was made to continue these public hearin s X X X X X until after Item #6 in order to allow Mr. Willi Absent X X the opportunity to review the staff reports, recommendations and correspondence received. Following the hearing on Item #6, the above pub hearings were re- opened and Dell Williams, Arch tect, returned to the podium to address the Planning Commission. He advised of his lack of understanding with respect to the Central Newpo Parking Committee's role in connection with the subject requests, since redevelopment planning had been under way by the applicant for quite some time.' Community Development Director Hogan explained the formation of the Central Newport Parking Committee and their goals to obtain additional parking in the area. Mr. Williams answered questions of the Commissi relative to the proposed request. He requested that the public hearings proceed and pointed ou that should the property be acquired at some • future time for parking, at lease the applicant would have the use of this property in the interim. Page 5. ed ed gs ams li i- rt on Monx COMMISSIONERS City Of Newport t Beach MINUTES Mav 5_ 1977 POLL CALL Planning Commission discussed the alternative actions which could be taken and the implication thereof. Several points made were the fact that the Central Newport Parking Committee had no funds at the present time; that the determinatic as to acquisition and funding could be made by the City Council; that a Specific Area Plan was presently being prepared for the area; that no reports were available at this time as to the feasibility of utilizing this particular propert for parking; and that.an indefinite delay due.tc unknown factors would be unfair to the property owner and his right and desire to develop and upgrade the property. There being no others desiring to appear and be heard, the public hearings were closed. Motion X Motion was made that Planning Commission make 0 following findings: 1. That the Planning Commission determined in this case that the proposal would not be detrimental to persons, property and improvE ments in the neighborhood, and that the appl cant's request would be consistent with the legislative intent to Title 20 of the Newpor Beach Municipal Code. 2. That adequate parking is being provided on- site for the uses proposed. and approve Modification No. 2058, subject to t1 following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations, except as noted in Condition No 2. That the proposed second story encroachment over the public right -of -way be removed. and that Planning Commission make the following findings in connection with the Site Plan Rev.ieo 1. That the development will not preclude attainment of.the General Plan objectives and policies. 2. That the proposal will help to protect and Page 6. • INDEX s n y e i- 't to 2. I: • r1 U COMMISSIONERS City of Newport Beach Mav 5. 1977 WILL GALL preserve the value of properties and encoura high quality development in this Specific Ar Plan Area. 3. That the proposal will not conflict with the public benefits derived from expenditures of public funds for improvements and beautifica tion of streets and public facilities within the Specific Area Plan area. 4; That the estab.lishment, maintenance or opera tion of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the healt safety, peace, comfort and general welfare o persons residing or working in the neighbor- hood of such proposed use or be detrimental injurious to property and improvements in th neighborhood or the general welfare of the City and further that the proposed modifica- . tion is consistent with the legislative inte of Title 20 of the Municipal Code. and approve Site Plan Review No. 4, subject to t following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. It was further moved that the matter be referrec to the City Council with the recommendation that they study and give consideration to the Central Newport Parking Committee's request. Motion X A substitute motion was made that (1) the matter be referred to the City Council without recommer .dation; (2) that the City Council be requested to determine if funds were available to purchase the property if it was determined that the pro- perty would be useful for public parking; and (3), that the City Council request the Central Newport Parking Committee to determine the • feasibility of the lot for public parking, such report to be made within a period of 30 days. Page 7. MINUTES ge ea h, f or e !nt :he r- IN0ex i COMMISSIONERS City. of Newport Beach MINUTES got Mav 5. 1977 POLL CALL Commissioner Seely advised he was sympathetic towards the applicant in attempting to develop the property, however, the opportunity to obtain additional parking in this particular area must not be overlooked and felt that time should be taken to explore the availability and feasibilit of the subject property with respect to parking. He voiced concern that time constraints within which action must be taken may not be sufficient to provide a thorough study and suggested the possibility of a continuance with the applicants consent. Ame ndmeni X At this time Commissioner Frederickson amended part (1) of his substitute motion from referral to the City Council to denial of the requests. by the Planning Commission. Assistant City Attorney Coffin advised that the amendment to the substitute motion was an impro- per action because it was the direct opposite tc the original motion which had not as yet been acted.upon. Commissioner Frederickson withdrew both' the substitute motion and the amendment to the substitute motion at this time. Planning Commission discussed the time constrail in connection with the various alternative actic which could be taken. In disucssion the original motion, Commissioner Agee felt that the request could be approved on its own merit and at the same time refer the parking issue to the City Council for their consideration. Commissioner Hummel felt that the area was in , need of upgrading and pointed out that the residential portion of the request was in confl with the General Plan. Commissioner Seely commented in opposition to tl motion based on the fact that the req.uest did ni comply with Paragraphs 8, 9, and 10 of Section 20.01.070 which sets forth certain standards foi development within a Site Plan Review area. Commissioner Heather opposed the motion because she felt a better use could be made of the proper than that proposed. Page 8. r�L INDEX y owl It in is I �t ty COMMISSIONERS s q04 s� 3 4 2 City of Newport Beach Mav 5. 1977 ROLL CALL USE PERMIT NF1-831 F APPROVED Ayes X TI ALLY t ly Following discussion, the original motion was Noes X X X X voted on and failed. Absent X X Motion X Motion was then made that Modification No. 2058 Ayes X X X X and Site Plan Review No. 4 be denied, without Noes X prejudice, because they do not meet the criterie Absent X X as outlined in Paragraphs 8, 9 and 10 of Sectior 20.01.070 of the Newport Beach Municipal Code. Request to establish a private illuminated te n court facility within 200 feet of a residential district in conjunction with the construction o• an office- industrial complex in the North Ford • Planned Community. Location: Parcel 1 of Parcel Map 41 -27 (Resubdivision No. 328) located a- 2800 Jamboree Road, on the easter' side of Jamboree Road between Camelback Street and Bison Avenue in North Ford. Zone: P -C Applicant: O'Leary, Terasawa & Takahashi, Beverly Hills Owner: Toyota Motor Sales, U.S.A.,Inc., Torrance Public hearing was opened in connection with this matter. Edward Takahashi, Architect for Toyota Motor Sales, U.S.A., Inc., appeared before the Commis sion in connection with this request and answer questions relative to the lighting and landscap ing of the tennis courts. He also concurred with the staff report and recommended condition • There being no others desiring to appear and be heard, the public hearing was closed. Page 9. MINUTES INDEX Item #6 is USE PERMIT NF1-831 F APPROVED COTW__ TI ALLY t ly e S. COMMISSIONERS City of Newport Beach ROLL CALL Motion X Motion was made that Planning Commission make th Ayes X X X x X following findings: Absent X 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact, providing that adequat provisions are made to screen the tennis cou lighting from motorists on Jamboree Road. 3. The Police Department has indicated that the do not contemplate any problems. 4. The approval of Use Permit No. 1831 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persc residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1831, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plans anc section. 2. That the lighting system shall be designed and maintained in such a manner as to concee the light source and to eliminate light and glare from creating a hazard to motorists or Jamboree Road. The plans shall be prepared and signed by a Licensed Electrical Engineei with a letter from the Engineer stating that in his opinion, this requirement has been mf 3. That if the lighting system design proves tc be ineffective in eliminating light and glai to motorists on Jamboree Road, the system shall be redesigned and /or modified to the satisfaction of the Director of Community Development and the Public Works Department 4. All tennis court lights shall be out by.10:( P.M. daily. Page 10. MINUTES • inmaex e e rt y , n 0 1 , t i •e )0 • COMMISSIONERS IS, 0F�C City of Newport Beach MINUTES • �� A ` MAv R_ IQ77 ROLL CALL 5. The existing 25 foot high landscaped hedge o similar buffer between the tennis court and Jamboree Road shall be continuously maintain 6. The tennis court facility shall only be utilized by employees or guests of the Toyot Motor Distributors and related research laboratories. No tournament or exhibitions . open to the public shall be permitted. Request to permit the construction of a single family dwelling in the R -1 District that exceeds the height limit in the 24/28 Foot Height Limita tion District. Further request to permit a one car carport on the front one -half of the lot in • addition to a proposed two car garage (where the Ordinance that any spaces on the requires garage front one -half of a site shall have side walls, a roof, and an operating garage door for access of automobiles). Location: Lot 7, Tract No. 1257, located at 3425 Ocean Boulevard, on the south erly side of Ocean Boulevard and its intersection with Narcissus Avenue in Corona del Mar. Zone: R -1 Applicant: Norman C. Walker, Newport Beach Owner: Esther Vogel, Corona del Mar Assistant Community Development Director Hewickl presented a revised plan which enclosed the car- port, thereby making the three garage spaces fully enclosed and eliminating the need for the modification request. Mr. Hewicker reviewed thl revised plan with the Planning Commission. Public hearing was opened in connection with th, matter. Norman Walker, applicant, appeared before the Commission and concurred with the staff report and recommendations. Page 11. ed ?r INDEX Item #7 VARIANCE U T663 APPROVED CON— TfURFLY COMMISSIONERS City Ly Of Newport Beach l MINUTES May 5, 1977 • ROLL GALL There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the right -of -way f Ocean Boulevard, Breakers Drive, and questioned the installation of a gate across access to the adjacent property to the east which seems to be Located within the Ocean Boulevard right -of -way. Motion X Following discussion, motion was made that Ayes X X X X Planning Commission make the following findings: Abstain X Absent X X 1. That there are exceptional or extraordinary circumstances applying to the land, buildinc or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in. the same district, because of the steep topography of the site. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the appli- cant, since the steep terrain of the site. precludes the construction of the single family dwelling within the required 24.foot height limit. 3. That the proposed development will not, undi the circumstances of the particular case; materially affect adversely the health or safety of persons residing or working in thf neighborhood of the property of the applical and will not under the circumstances of the particular case be materially detrimental tl the.public welfare or injurious to property or improvements in the neighborhood.. and approve Variance No. 1063, subject to the following conditions: 1. That development shall be in substantial conformance with the revised plot plan and elevations. 2. That the underside of the proposed structure shall be screened with building materials approved by the Director of Community Dever ment or with trees and shrubs to be approves by the Director of Parks, Beaches and Recre+ tion. Page 12. or !r I It )P- INDEX •. 0 COMMISSIONERS City of Newport Beach Mav 5. 1977 ROLL CALL 3. That driveways shall be provided in front of the garages. Permits shall be secured from the City Council in accordance with the City Driveway Approach Policy. Request to remodel and expand the second floors the Red Onion Restaurant facility, and the acceptance of an offsite parking agreement for the required additional parking spaces. Location: Parcel 1 of Parcel Map 57 -25 (Resubdivision No. 375) located al 2406 Newport Boulevard, on the easterly side of Newport Boulevarl southerly of 26th Street on the • Balboa Peninsula. Zones: C -1 and C -2 Applicant: Red Onion, Newport Beach Owner: Mrs. Jean Belden, Newport Beach Public hearing was opened in connection with th, matter. Lyle Galloway, Architect, appeared before the Commission on behalf of the applicant and answered questions in connection with the request. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Agee voiced concern with respect to allowing the additional net public area bases on the off -site parking agreement which could b terminated at the end of the 5 -year period and felt that the separation between the bar and dining areas could be accomplished without the addition of more net public area. • Planning Commission discussed length of leases with respect to off -site parking agreements and reconversions which must be made should the.off site parking be lost. Page 13. MINUTES 's INOf.X. Item #B USE PERMIT NU.Tn ED APPROVED C NNDI- TITINIFELY COMMISSIONERS City of Newport Beach MINUTES R . MAU K 1077 ROLL CALL Motion X Motion was made that Planning Commission make th following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. . 2. The project is categorically exempt from the requirements of the California Environmental Quality Act. 3. , The Police Department has indicated that the do not contemplate any problems. 4. Adequate offstreet parking spaces are being provided in conjunction with the proposed remodeling and expansion of the Red Onion Restaurant facility. 5. The offstreet parking spaces for the expande restaurant on a separate lot from the buildi site is justifiable for the following reason a. The off -site lot adjoins the restaurant site and will be easily accessible. b.- Open storage now exists on the Trautweir property where the off -site parking area is to be located, and so no existing parking spaces will be utilized for the restaurant use. c. The proposed development will not create undue traffic hazards in the adjoining area. d. The City Traffic Engineer has approved the proposed parking layout. e. The applicant has been authorized to utilize the off -site parking area for al least five years. 6. The approval of Use Permit No. 1581 (Amender will not, under the circumstances of this cl be detrimental to the health, safety, peace, morals, comfort and general welfare of persc residing and working in the neighborhood or detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. Page 14. e y N s: I) .s i INOEX • in • b COMMISSIONERS 1 City, of Newport Beach May 5, 1977 ROLL CALL and approve the amendment to Use Permit No. 1581 subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing .that a minimum of 7 parking spaces shall be provided on Lot 12, Block 223, Section A, Newport Beach, for at least five years. If the applicant loses the use of the subject . parking spaces at a later date and cannot obtain the required number of parking spaces at another approved location, the net public area of the restaurant facility shall be reduced so as not to exceed the net public area that currently exists on the site. • '3. That the off -site parking area shall be pay( with asphalt, concrete, or other street sur• facing material of a permanent nature. Sail parking spaces shall be marked with approve) traffic markers or painted white lines not less than 4 inches wide. 4. Wheel stops shall be provided in the off -sii parking area so as to keep parked automobile from damaging the proposed 6 foot high fence that will be constructed between the restau• rant site and the adjoining Trautwein propel 5. A parking attendant (or attendants) shall bi provided during all hours of operation of tl Red Onion Restaurant facility. Commissioner Hummel voiced concern with the length of the lease for the off -site parking, however, he felt that the need for additional space on the second floor of the restaurant, as well as the desirability to separate the bar an dining area, warranted approval. He further commented that should the off -site parking be terminated, the Municipal Code provided that other arrangements be made for parking or the . public area be reduced in size. Commissioner Seely commented on his reluctance to approve a request which may be deferring recognition of a parking problem which exists.. Page 15. MINUTES !8 :e �s ie INOBX COMMISSIONERS City of Newport Beach May 5, 1977 POLL CALL Ayes X X X Following discussion, the motion was voted on an Noes X X carried. Absent X X ADDITIONAL BUSINESS: Motion X Planning Commission adopted Resolution No. 986, Ayes X X X X X setting a public hearing for June 2, 1977, to Absent X X consider a revision to the height limitations or the Ford Aeronutronics site and the North Ford area. Progress Report - Use Permit No. 1717 of Richarc Lee Lawrence in McFadden Square. Planning Commission discussed what action could be taken to secure the requested report and staff advised that since this was a condition of the use permit which had not been complied with, th( Commission could initiate revocation proceedings Staff advised that Mr. Lawrence had been contact on at least three occasions regarding the progrc report . John W. Shea, President of the West Newport Bea( Improvement Association, appeared before the Commission and advised of his disappointment that no report had been made. Motion X Following discussion, motion was made to continl Ayes X X X X X this matter to the meeting of May 19, 1977, and Absent X X staff was instructed to contact Mr. Lawrence an( advise him that unless he or his representative were present to make the requested progress rep( Planning Commission would be prepared to initia- revocation proceedings. There being no further business, Planning Commi: sion adjourned the meetin Time: 9:05 P.M. BILL AGEE, Secre ary Planning Commission City of Newport Beach Page 16. MINUTES • (Hoax d I f • t. ,ec !ss ;h ie ry, e •