HomeMy WebLinkAbout05/06/1976COMMISSIONERS
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CITY OF NEWPORT BEACH
m a m p Regular Planning Commission Meeting
• { A Place: City Council Chambers
N Time: 7:00 P.M.
ROLL CALL 0 Date: May 6 1976
Present
Motion
Al 1, Ayes
41
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MINUTES
INDEX
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EX- OFFICIO MEMBERS
R. V. Hogan, Community Development Director
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Hugh Coffin, Assistant City Attorney
Benjamin B. Nolan, City Engineer
STAFF MEMBERS
James D. Hewicker, Assistant Director - Planning_
Tim Cowell, Advance Planning Administrator
Shirley Harbeck, Secretary
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Minutes of the Regular Meeting of April 15, 1976,
were approved as written.
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Item. #1
Request to establish a flower sales facility under
USE
a canopy on a temporary basis in the P -C District.
PERMIT
11 7�—
Location: A portion of Block 93 of Irvine's
Subdivision, located at 2344 East
APPROVED
CONDI-
Coast Highway, on the northwesterly
corner of MacArthur Boulevard and
I N L Y
East Coast Highway adjacent to
Newport Center.
Zone: P -C
Applicant: Timothy S. Richardson, Laguna Beach
Owner: The Irvine Company, Newport Beach
The problem of "For Sale" cars parked on vacant
property along Coast Highway was discussed, as well
as the action being taken to eliminate the problem.
Planning Commission questioned whether there was a
need to limit the size of the small plants to 6
inch pots and staff advised that was the size
indicated by the applicant, however, they had no
objections to a slightly larger size or to elimin-
ating any reference to the size in the recommended
condition.
Public hearing was opened in connection with this
matter and there being no one desiring to appear
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'and
be heard, the public hearing was closed.
Motion
IX
(Motion
was made that Planning Commission make the
Ayes.
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XiX1
following findings:
Abstain iX
1. The proposed development is consistent with
the General Plan and is compatible with exist-
ing and proposed land uses in the surrounding
area.
2. Adequate parking has been provided for the
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existing development.
ment.
3. The project will not have any significant,
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environmental impact.
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4. The approval of Use Permit No. 1788 will not,
under the circumstances of this case be detri -..
mental to the health, safety, peace, morals,
comfort and general welfare of persons . residing
and working in the neighborhood or be detri-_,
mental or injurious to property and improve -
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ments in the neighborhood or the general
welfare of the City.
and approve Use Permit No. 1788, subject to the.
following conditions:
1. That development shall be in substantial
conformance with the approved plot plan and
elevations.
2. That sales shall be limited to cut flowers and,
small plants.
3. There shall be a maximum of two 212' X 4' A -F.ram
signs on the site for identification purposes.
4. That the site shall be maintained in a clean
and orderly manner and that all portable
signs and merchandise shall be stored after
normal business hours.
5. That restroom facilities shall be maintained
per the agreement with the property owner at
2435 East Coast Highway and the applicant.
6. That this approval shall be for a period of
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two years, and any extension shall be approved
by the Modifications Committee.
7. The flower stand shall be removed from the
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site and the premises shall be restored to its
former condition upon the termination of the
existing use on the site.
Commissioner Agee abstained due to a possible
conflict of interest because he buys flowers at
this location every weekend.
Items #2 and #3 were heard concurrently because of
their relationship, however separate actions were
taken an each item.
Item #2
Request to establish a restaurant facility with
USE
on -sale beer and wine in "Newport Place."
PERMIT
1789
Location: A portion of Lot 3, Tract No. 7694,
located at 801 Dove Street, on the
APPROVED
northerly corner of Dove Street and.
CONDI-
Bristol Street (North) in "Newport
TIONALLY
Place."
Zone: P -C
Applicant: Colwell Ray Hornasek Okinaka, Inc.,
Tustin (i.e. Jojo's Restaurant)
Owner: Edker Pope, et al, Newport Beach
Item #3
Request to create two parcels of land for commer-
RESUB-
cial development.
DIVISION
NO. 519
Location: Lot 3, Tract No. 7694, located at
801 Dove Street and 990 Bristol
APPROVEE
Street (North), on the northerly
CONS
corner of Dove Street and Bristol
TiUTVW—LL)
Street (North) in "Newport Place."
Applicant: Edker and Blanche Pope, Irvine
Owner: Same as Applicant
Engineer: Donald E. Stevens, Inc., Costa Mesa
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Staff answered questions of the Commission relative
to width of sidewalk and curb cuts. Traffic circu-
lation in and around the proposed restaurant was
also discussed.
Public hearings were opened in connection with
these matters.
Bill Langston, 18 Oak Crest Lane, appeared before
the Commission to concur with the staff reports
and recommended conditions and answered questions
of the Commission relative to the.proposed develop -
ment and signing.
Gary Bowes with Colwell Ray, Architects for Jojo's
Restaurant, appeared before the Commission and
distributed photographs of the proposed restaurant
for review. He also questioned Condition No. 8 of
the Use Permit and was assured by the staff that
the Department of Community Development would work
with the applicant to solve any problems which may
be encountered.
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Jim Lee, Vice President of Jojo's Restaurant, 120
N. McPherson, Orange, appeared before the Commis-
sion and concurred with the staff reports and
recommended conditions.
There being no others desiring to appear and be
heard, !the public hearings were closed.
Motion
X
Motion was made that Planning Commission make the
All Ayes
following findings:
1. That the proposed use is consistent with the
Land Use Element of the General Plan and the
Land Use Plan of the "Newport Place" Planned
Community, and is compatible with 'surrounding
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land uses.
2. The project will not have any significant
environmental impact.
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3. The Police Department has indicated that they
do not contemplate any problems with the pro-
posed development, providing that the parking
lot is adequately illuminated.
4. Adequate offstreet parking and traffic circula-
tion are being provided for the proposed
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development, providing that the proposed 30
foot wide common driveway is maintained.for
vehicular access and maneuverability at all
times.
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.5.
The approval of Use Permit No. 1789 will not,
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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 injurious to property and
improvements in the neighborhood or the general
welfare of the City.
and approve Use Permit No. 1789, subject to.the
following conditions:
1. That development shall be in substantial
conformance with the approved plot plan, floor
plans, and elevations.
2. That a minimum of one parking space/40 sq. ft.
of "net floor area" shall be provided on -site
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for the proposed restaurant facility.
3. No live entertainment or dancing shall be
permitted in the restaurant facility until...
such time as the Use Permit is amended to,;
permit said uses. Said amendment may require
additional parking spaces.
4. That a landscape plan shall be submitted to and
approved by the Director of Parks, Beaches. and
Recreation. Said landscaping shall be imple-
mented in accordance with th.e approved plan
and the landscaping shall be permanently
maintained.
5. That all signs shall meet the Planned Community,
Development Standards and shall be approved by
the Director of Community Development.
Convenience signs such as "entrance" or "exit"
shall have a maximum area of six square feet.
Said convenience signs shall not include the
name or logo of the restaurant use.
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6. All mechanical equipment and the storage of
cartons, containers and trash shall be shielded.
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from view within a building or within an area
enclosed by a wall or fence.
7. That kitchen exhaust fans shall be designed to
control odors and smoke in accordance with Rule
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50 of the Air Pollution Control District: In
addition, the kitchen hood system shall have
an automatic fire protection system installed.
8. That a washout area for trash containers shall
be provided in such a way as to allow direct
drainage into the sewer system and not into
the storm drains.
9. That a lighting plan for the restaurant parking
lot and all other exterior illumination on the
site shall be approved by the Director of
Community Development.
10. That there shall be a document recorded
satisfactory to the City Attorney and the
Director of Community Development providing
for the operation and continual maintenance
of the 30 foot wide drive (i.e. a 15 foot wide
area along the northwesterly side of the
restaurant site and a 15 foot wide area along
the southeasterly portion of the adjoining
building site) for vehicular access to Bristol
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Street (North) and for vehicular ingress and
egress to the offstreet parking spaces for the
duration of the proposed uses on the two
building sites.
11. The restaurant parking lot and related drives,
including the entire 30 foot wide common drive,
shall be paved with asphalt, concrete or other
street surfacing material of a permanent
nature. Parking spaces shall be marked with_
approved traffic markers or painted white lines
not less than 4 inches wide.
12. That all applicable conditions of approval for
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Resubdivision No. 519 be fulfilled.
I13. That the exact location, configuration, and
width of the driveway approaches.from Dove
Street and Bristol Street (North) be reviewed
and approved by the Public Works Department:
Motion
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Motion was made that Planning Commission make the
Ayes
following findings:
1. That the proposed map is consistent with
applicable general and specific plans and the
Planned Community Text.
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2. That the design or improvement of the prop.osed
subdivision is consistent with applicable
general and specific plans.
3. That the site is physically suitable for the
type of development proposed.
4. That the site is physically suitable for the
proposed density of development as set forth
in the Planned Community Text.
5. That the design of the subdivision or the
proposed improvements will not cause substan-
tial environmental damage or substantially
and avoidably injure fish or wildlife or. ,
their habitat.
6. That the design of the subdivision or the pro -..
posed improvements are not likely to cause
serious public health problems.
7. That the design of the subdivision or the
proposed improvements will not conflict with
any easements, acquired by the public -at large,
for access through or use of, property within
the proposed subdivision.
B. That the discharge of waste from the proposed
subdivision will not result in or add to any
violation of existing requirements prescribed
by a California Regional Water Quality Control.
Board pursuant to Division 7'(commencing with
Section 1300) of the Water Code.
and approve Resubdivision No. 519, subject to the
following conditions:
1. That a parcel map be filed.
2. That all public improvements be constructed as
required by ordinance and the Public Works
Department.
3.. That each new parcel be served by individual
water and sewer connections in a manner satis-
f
factory to the Public Works Department and
that a private easement for sewer and storm
drain purposes be provided across Parcel l for
the benefit of Parcel 2.
4. That P.C.C. sidewalk having a minimum width of
six feet be constructed adjacent to the curb
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along Dove Street and Bristol Street (North).
5. That an easement for public utility and side -, .
walk purposes be dedicated along Bristol Street
(North). The easement shall be four feet wide
within Parcel 2, and shall vary within Parcel
1 to a maximum width of six feet.
6. That all vehicular access rights to Bristol
Street (North) be dedicated to the City of
New.port Beach, except for one common driveway
approach centered on the property line between
Parcels 1 and 2. The single common driveway
shall be in lieu of the master - planned drive-
way location for Lot 3 of Tract No. 7694 shown..,
on the approved improvement plans for Bristol
Street (North).
Item #4
Request to establish a sales facility for new and
USE
used boats, boat accessories and boat trailers.in
PERMIT
the C -1 -H District.
T790
Location: A portion of Lot A, :Tract No..919,
APPROVED
located at 2000 West Coast Highway,
CONOI-
on the northerly side of West. Coast
ILLY
Highway, easterly_of'Tustin Avenue
on Mariner's Mile.
Zone: C -1 -H
Applicant: Sol Catamaran, Inc., Santa Ana
Owner: Ardell Investment Co., Newport Beach
Public hearing was opened in connection with this
matter.
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Richard Mallard, Sol Catamarans, 661 N. Corona,
appeared before the 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.
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Motion was made that Planning Commission make the
following findings:
1. The proposed development is consistent with
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the General Plan and is similar to other boat
sales businesses along West Coast Highway on
Mariner's Mile.
2. Adequate parking has been provided for the
existing development.
3. The project will not have any significant
environmental impact.
4. The approval of Use Permit No. 1790 will not,
under the circumstances of this case be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons resid-
ing 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. approve Use Permit No. 1790, subject to the
following conditions:
1. That development shall be in substantial .
conformance with the approved plot plan.
2. That a landscape plan shall be submitted to
and approved by the Director of Parks; Beaches
and Recreation. Said landscaping shall consist
of minimum 15 gallon sized trees, shrubs and .
groundcover in landscaped planter boxes or in
the ground along the West Coast Highway front-
age adjacent to the boat display and offstreet
parking areas. Said landscaping shall be '
continuously maintained.
3. That all signing shall be_ approved by the
Director of Community Development. The pro-
posed pole sign along the West Coast Highway
frontage of the site shall not exceed a height
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of 12 feet nor an area of 50 sq. ft. per face.
4. That all mechanical equipment and trash areas
shall be screened from West Coast Highway or
adjoining properties.
5. That this approval shall be for a period of
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two years, and any extensions shall be subject
to the approval of the Modifications Committee.
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6. That the five proposed on -site parking spaces
shall be marked with approved traffic markers
or painted white lines not less than 4 inches
wide.
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Motion .
A11 Ayes
Motion
All Ayes
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Item #5
Consideration of Specific Area Plan No. 5
AMENDMEN'.
"Mariners' Mile" and adoption of Mariners' Mile
NO. 458
Specific Plan District.
'
CONY. TO
Initiated'by: The City of Newport Beach
UN3
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Planning Commission continued this matter to the
meeting of June 17, 1976.
Item #6
Consideration of redesignating the southerly'por-
AMENDMEN'
NO.. 459
tions of Lot C of Tract 919 to R -1 from C -1 -H.
Initiated by: The City of Newport Beach
CONT. TO
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Planning Commission continued this matter to the
meeting of June 17, 1976.
ADDITIONAL BUSINESS:
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Request to approve the installation of a 50 foot
FLAG
high flag pole on the Roger's Gardens site in the
POLE
24128 Foot Height Limitation District. .
APPROVED
Location: Parcels 1 and 2 of Parcel Map 61 -41
C NT DI-
(Resubdivision No. 401) and a por-
TIONALLY
tion of Block 93, Irvine's Subdivi-
sion, located at 2301 San Joaquin
Hills Road, on the southerly side
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of San Joaquin Hills Road between
MacArthur Boulevard and San Miguel
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Drive in Harbor View Hills.
Zones: R -A
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iApplicant:
Roger's Gardens - Newport Center,
Newport Beach
Owner: The Irvine Company, Newport Beach
Assistant Community Development Director Hewicker
reviewed the staff report with the Commission and
answered questions relative to same.
Planning Commission inquired what improvements
remained to be constructed as required by Conditio
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No. 1. City Engineer Nolan advised they consisted
of some curb, sidewalk, traffic signal modification
and pavement widening. He further advised of
problems with obtaining approval from the State
and the negotiations presently under way to com -.'
plete the improvements.
Motion IX
Motion was made that the flag pole request be
approved, subject to the following conditions:
1. That prior to the issuance of the required
building permits the applicant shall either
complete the remaining public improvements in
MacArthur Boulevard or that the standard
subdivision agreement and security be provided
to guarantee the satisfactory completion of
said improvements as required under Resubdivi-
sion No. 485.
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2. That a separate flag displaying the name or
logo of the nursery shall not be permitted.
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Planning Commission discussed the motion and
questioned whether or not notification had been .
made to the property owners or homeowners associa-
tions and staff advised that notification was not
necessary from a procedural standpoint as this
type of request merely needed Planning Commission
approval and did not require a full public hearing.
Commissioners Beckley and Heather voiced concern
that notification had not been given and felt that
the request was being rushed through to some.
extent.
Ayes
X
t
X
X
X
Following discussion, the motion to approve the
Noes
IXj
X
flag pole was voted on and carried.
Motion
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!Planning Commission adopted Resolution No. 949
SET .
All Ayes
setting a public hearing for June 3, 1976, to
UM IC
consider an amendment to the Harbor View Hills
HEARING
Planned Community Text relative to setbacks.
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Discussion and recommendation relative to County
Position Papers on TICMAP.
TICMAP
Planning Commission voiced concern that the
Newport -Mesa School District had annexed as far
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as Crystal Cove and that unless the City of Newport
Beach annexed the same land, the tax rate for
schools would be increased and materially affect
the citizens of Newport Beach. Other concerns
included that of density immediately adjacent to
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'Corona
del Mar, and circulation and.traffic
capacity.
Planning Commission indicated that the letter to
the County Planning Commission regarding the
position papers should request that the County
include positions li.miting the population/residen-
tial density in the area west of Los'Trancos
Canyon to a level consistent with the single
family density in the eastern section of Newport
Beach and that the impact of-the additional
facilities required for schools in the Newport -_
Mesa School District on the taxpayers within
Newport Beach should be considered.
It was pointed out that more information on traffic
circulation and capacity would be available at the
meeting of May 20, 1976, in connection with. 'the
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review of the TICMAP Environmental.Impact.Report.
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and therefore, no recommendation was made at this
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time relative to circulation and traffic generation.
motion
X
Commissioner Frederickson was excused from :the...
All Ayes
meetings of May 20, June 3, and if necessary, the
meeting of June 17, 1976.
There being no further business, Planning Commis-
lion adjourned the meeting. Time: 8:35 P.M.
e JAMES , Secretary
Plann ng ion
City of Newport Beach
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