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HomeMy WebLinkAbout05/17/1973COMMISSIONERS CITY OF NEWPORT BEACH a�G�12 ;p C m a m a 0 � � Regular Planning Commission Meeting T Place: City Council Chambers MINUTES z p p Time: 7:30 P.M. ALL m Date: May 17, 1973 juncY Present Motion All Ayes *tion es Abstain n LJ 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 Rodney L. Gunn, Advance Planning Administrator Shirley Morgan x Minutes of the Adjourned Meeting of April 26, .1973 were approved as written. * * * * * * * * * * X Minutes of the Regular Meeting of May 3, 1973, X X XX N were approved as written. Commissioner Glass and X X Commissioner Martin abstained due to the fact that they were absent from the meeting.. Item Al Request to consider the Adoption of the Residen- RESIDEN- tial Growth Element of the New ort Beach General TI— L�- Plan. Referred back to P anning Commiss on by City Council) M WTH LEM -ETT Correspondence received from Daniel Connelly and REVIEWED Jim Deane was noted. EVISED Commissioner Martin advised that due to his lack of objectivity with regards to'Statistical Area D. he would not be participating in any discussion or action taken in connection with same. It was pointed out that this matter was a discus - sion item and that same had been discussed at the afternoon study session, but that no action had been taken. Community Development Director Hogan reviewed the staff report with the Commission and following discussion on each item, formal action was taken Page 1. COMMISSIONERS CITY OF NEWPORT BEACH T�mG�Yy� ;m m T =yaO < p Z T �OLL CALL Z. p May 17, 1973 MINUTES INDEX to revise the Residential Growth Element of the Newport Beach General Plan, as follows: Motion X Page 1., add the sentence "By the use of 10 year All Ayes revenue and expenditure projections and by managing needed capital improvements, the City shall assure a favorable budget posture." at the end of the first paragraph under The Effect of Residential Growth on Support Systems. Motion X Page 4., subparagraph 1. be reworded to read "All All Ayes future multi- family residential development shall be limited to a density not greater than 15 dwelling units per gross acre on any individual project, except where special provisions have been made within the plan for higher density." Motion X Page 5., that the figures be revised to reflect the All Ayes changes made in each individual.section. Motion X Page 4., that the words "multi- family" be eliminate All Ayes from subparagraph 1. `tion X Page 7., the second paragraph under Residential All Ayes Zoning Policy for Statistical Area Al be reworded to read "This entire area has been designated as a "SPECIFIC AREA PLAN" area and all proposals for residential or other uses shall be reviewed as a part of that specific plan except for the old City Dump Site which shall be limited to a density of eight (8) dwelling units per gross acre." Motion X Page 8., that the words "of an individual project" Ayes X X X X X be added to the revised subparagraph 2. on the 5th Noes X X line following the word 'density'. Motion X Page 8., subparagraph 2. be approved as amended to Ayes X XX X X X read "Residential development west of Superior Noes X Avenue shall be permitted in all areas except the M- l:district. However, the area included in the "Specific Area Plan" area on the land use.plan may include uses other than residential. Maximum density of an individual project shall be.15 dwelli g units per gross acre in the area south of the weste ly extension of 16th Street to the present city bounda y and a maximum density of 6 dwelling units per gross acre north of the extension of 16th Street." ion X Page 10., subparagraph 3. be reworded to read "All es X X X X X R -2 and R -3 districts westerly of the Newport Pier Noes X shall remain as currently zoned, except for public property, with the understanding that appropriate development standards will be developed." Page 2. COMMISSIONERS CITY OF NEWPORT BEACH gmc+xx ;m MINUTES �ou esu p Mav 17. 1973 .....�.. Motion X Page 11., an additional subparagraph 6. be include All Ayes to read "The R -3 and R -4 lots east of the Newport Pier shall be considered with Statistical Division D for zoning policy studies." Motion X Page 12., that the words "No changes are proposed All Ayes from the current zo.ning." be substituted for the previous text. Commissioner Martin did not participate in any actions taken relative to Statistical Area D as previously stated and was counted as being absent. Motion X Page 13., subparagraph 1, be reworded to read "All Ayes XX X XX residential zones currently in existence shall be Noes X maintained with the understanding that appropriate Absent X development standards will be developed. Where appropriate, commercial zones may be reclassified to a residential.zone." Motion Page 13., subparagraph 2. be reworded to read "The Ayes. X X XX X beach and the Newport Beach Elementary School shall Absent X be rezoned to the OS -open space district; the City owned property at Marinapark shall continue as a mobilehome park until such time as that use is phased out, at which time the property shall be rezoned to the OS -open space district." Motion N Page 13., subparagraph 4. be reworded to read "The Ayes X XX X X Newport Harbor Yacht Club shall be rezoned to the Absent X OS -open space district with the property owner's agreement." Motion X Page 13., subparagraph 5. be reworded to read Ayes XX XX X X "Large lots or combined lots which are zoned R -2 Absent X may be developed with more than two units with the approval of the Planning Commission under controls to be established." Motion X Page 13. and 13(a)., all other subparagraphs be Ayes X X XX deleted with the exception of sub.paragraph 8. whit Noes X will be renumbered subparagraph 3. Absent X Otion X Page,17., the paragraph under Residential Zoning Ayes XX X XX X Policy for Statistical Areas F2, F3, and F4, be Noes X changed to read "All residential districts shall remain with appropriate development standards to Page 3. COMMISSIONERS CITY OF NEWPORT BEACH 'cam„ Z Z MINUTES ou cnu 7 May 17, 1973 INDEX be prepared. The effect on traffic and parking is to be studied in greater depth and, if necessar, , remedies are to be reflected in the development standards." Motion X Page 18., that the Planning Commission's original All Ayes recommendation remain and no changes be made. Motion X Page 19., subparagraph 1. be reworded to read "All All Ayes of the R -2 zoning in Beacon Bay shall remain until a specific area plan is developed and approved. Said plan is to be prepared within five years after the adoption date'of the General Plan." Motion I X Page 21., subparagraph 1. be reworded to read All Ayes "Residential development in the southernmost vacan area (The Castaways Site) shall be limited to a maximum density of 8 dwelling units per gross acre unless adequate open space is provided under a pla to be developed by the property owner and approved by the City." otion X Page 23., subparagraph 2. be reworded to read 1 Ayes "Residential development in the two southernmost "high- rise" sites in the Bluffs shall be limited to a maximum density not to exceed the immediate surrounding area." Motion X Page 23., subparagraph 1. be reworded to read All Ayes "Residential development in the large vacant site north of the Newporter Inn shall be limited to a maximum density of 15 dwelling units per gross acre with provision for adequate open space." Motion X Page 24., an additional subparagraph 3. be include Ayes X X X X to read "That additional residential development Noes X X X in Newport Center be permitted in Block 700 to a maximum density of 30 dwelling units per gross acre, subject to appropriate development standards that will insure that any such development will replace and not be in addition to proposed commer- cial development and subject to a plan to be prepared by the property owner and approved by the City." Motion X Page 24., that revised subparagraph 2. be changed Ayes X X to read "7 dwelling units per gross acre" on the es X X X fourth line. stain X X Motion failed. Motion X Page 24, that subparagraph 2. remain as it was Ayes X X X originally recommended and sent to the City Council. Noes X X Abstain X Page 4. COMMISSIONERS CITY OF NEWPORT BEACH Y�TGryT ;P MINUTES • � Z p p ROIL CALL May 17, 1973 INDEX Motion X Page 20., the introductory paragraph be revised to. All Ayes read "All the residential portions of this area are almost fully developed. However, the R -2 and 11,3 Districts adjacent to Catalina Drive between North Newport Boulevard and Beacon Street are developed with single family residences. In addition there is some potential for additional residential development on the Balboa Bay Club property." Motion Page 20., subparagraph 1. be reworded to read All Ayes "The R -2 and R -3 Districts adjacent to Catalina Drive between North Newport Boulevard and Beacon Street shall be rezoned to R -1." Motion X Page 20., subparagraph 2. be reworded to read All Ayes "The old Newport Boulevard area between Santa Ana Avenue and Catalina Drive should be considered for rezoning.to a two - family district with appropriate. development standards." Motion x Page 20., subparagraph 3. be reworded to read �1 Ayes "The south side of 15th Street between Irvine Avenue and St. Andrews Road currently in the "I" District shall be rezoned to R -3." Motion X Page 20., subparagraph 4. be reworded to read All Ayes "No further residential development shall be permitted in the remaining commercial districts in Division H, and any further residential develop- ment on the Balboa Bay Club site shall,be permitte only in accordance with a plan to be prepared by the Balboa Bay Club and approved by the City. S,ai plan is to be prepared within five years after the adoption date of the General Plan. Motion X Page 4., subparagraph 4. be reworded to read All Ayes "The size of all future residential buildings shat be limited to preserve community character, throug use of floor area ratios, lot coverage limits, and building bulk regulations. Regulations including revised zoning shall be developed for each area to assure preservation of the individual and unique character of the residential neighborhoods, and to provide outdoor living area and landscaping." Planning Commission recessed at 10:20 P.M. and reconvened at 10:30 P.M. Page 5. COMMISSIONERS D�mGr �m ;m Zp A ALL Motion All Ayes f 1 tion 7 Ayes Motion Al Ayes E CITY OF NEWPORT BEACH MINUTES May 17, 1973 INDEX Item A2 Request to consider the Adoption of the Land.Use LAND USE Element of the Newport Beach General Plan. ELEMENT Referred back to Planning Commission by City Council) REVIEWED NA D Community Development Director Hogan reviewed the WISED staff report with the Commission and following discussion on each item, formal action was taken to revise the Land Use Element of the Newport Beach General Plan, as follows: Page 2., a third paragraph be added under Overall City Form, to read: "The City shall encourage the formation of inde- pendent municipal advisory groups within each of the villages that go to make up the City and the City will cooperate with such village representa- tives. for the improvement of the environment and physical facilities within its villages." X Page 8., an additional sentence be added to the second paragraph to read "By the use of 10 year revenue and expenditure projections and by managin needed capital improvements, the City shall assure a favorable budget posture." X Pages 9 and 10, West Newport Harbor be changed to read "Beeco, Ltd. (Banning) Property" with the following text: "This area, north of "Newport Shores" and extend- ing easterly from the Santa Ana River is designate as a "Specific Area Plan" area on the Land Use Plan. This will permit the development of an overall plan for the area after the completion of investigation of economic and physical feasibility of a small craft harbor in the lowlands area extending northward into Costa Mesa.. "Such a harbor, if feasible, would provide full marina, marine service, and commercial recreations facilities. In addition, a public riding and hik- ing trail and parking area is proposed as part of the county -wide Santa Ana Greenbelt Project. The remainder of the land would be used for residential development as discussed in the "Residential Growth Development ", modified, if and as necessary, to relate to the overall harbor plan. "If the harbor is not feasible, alternate plans, Page 6. COMMISSIONERS. CITY OF NEWPORT BEACH r M� Y-X p MINUTES TAN T �yaO 'r 19ou cau Tp p May 17. 1973 iNeeY including residential with associated commercial service facilities, should be considered. In any event, the property owners and the City should cooperate in the preparation of a plan for approval by the City at the time any land use proposals are made. The development shall be consistent with th criteria set forth in the General Plan." Motion X Page 13., the paragraph under Marinapark be change All Ayes to read "Marinapark shall continue as a mobilehome park until such time as that use is phased out, at which time the property shall be rezoned to the OS -open space district." Motion XI Page 14., the paragraph under "Beacon Bay" Area be All Ayes changed to read "It is proposed that in keeping with the uniqueness of this site that a multipli- city of uses be considered. The exact nature of the development should be determined by a specific area plan to be developed prior to the expiration of the current lease. Said plan is to be prepared within five years after the adoption date of the • General Plan." Motion X Page 15., paragraph 1, line 7., following the All Ayes words "architectural design criteria ", the period be eliminated and the words "and off- street park- ing standards." be added. Motion X Pages 15. and 16., under Balboa Bay Club Site, the All Ayes paragraph be reworded to read as follows "It is proposed that in keeping with the uniqueness of this harbor front site, that the City study a multiplicity of uses. The exact nature of the development will be determined by a specific area .plan to be prepared prior to the expiration of the current lease. Said plan is to be prepared within five years after the.adoption date of the General Plan." Motion X Pages 16 and 16(a), add the word "residential" aft 4r the word "alternative" in the next to last line on page 16 and the first line on page 16 (a). Motion X Page 16 (a), that an additional sentence be added Ayes X X XX X X to read "Alternative uses may include a commercial Noes X center to serve the residents of the area." �tion X Page 16 (a), that the words "predominately residen ial" yes X X XX X X be added, the total paragraph to read: Noes X "Alternative development shall include predominately Page 7. COMMISSIONERS 9�m4f M � M 19OLL CALL .c O p • E CITY OF NEWPORT BEACH MINUTES. May 17, 1973 INDEX residential uses in accordance with a plan to be approved by the City at a maximum density of 6, dwelling units per gross acre as discussed in the Residential Growth Element. Alternative uses may include a commercial center to serve the residents of the area." The following persons appeared before.the Planning Commission to comment on the actions taken in connection with the Residential Growth Element and the Land Use Element of the Newport Beach General Plan: Harry Kamph, 1320 E. Oceanfront, Balboa, relative to Stat Areas B and D; Larry Moore, General.Planning Administrator, The Irvine Company, relative to Stat Areas J, K and L; John Homme, 904 W. Oceanfront, relative to Stat Areas B and D; Kae A. Ewing, 1576 E. Oceanfront, relative to Stat Areas B and D; Dave Tosh, 4821 Dorchester, Corona del Mar, Vice Chairman of the Citizens Environmental Quality Control Advisory Committee; Dottie Hutchison, 1559 Ocean Blvd., urging down - zoning on the Peninsula. Planning Commission requested that a new set of figures be prepared for Stat Areas B and D covering the R -2, R -3 and R -4 Districts. They also requested that the staff forward their comments as reflected in the actions taken to the City Council, same being the recommended changes to the Residential Growth Element and the Land Use Element of the Newport Beach General Plan. Item A3 Proposal to establish a Specific Area Plan for West Newport on properties north of West Coast AMENDMENT NO. 371 Highway between West Coast Highway and Newport Shores Drive, and between the Santa Ana River and REVIEWED the Semeniuk Slough. (Referred back to Planning WD Commission by City Council) REVISED Initiated by: The City of Newport Beach Page 8. COMMISSIONERS CITY OF NEWPORT BEACH D mG122; p T r T ALL CALL P Ma., 17 107'1 MINUTES iunev Planning Commission reviewed and discussed the staff report including the need for more off- street park. ing i.n.the area. Susan Rudd, representing Newport Shores appeared before the Planning Commission and commented on the recommended changes. She stated that any residential density extended into the commercial area should be compatible to Newport Shores; that the parking as originally recommended remain or that R -1.5 standards be applied in order to elimin- ate traffic and parking problems; and that all gutters, alleys and streets in the area between Highland and 61st Street be brought up to standard within a period of 24 months and in the event this cannot be accomplished, an assessment district be formed to bring about the desired results. She also commented on the commercial property at the northeast corner of Walnut and Pacific Coast. Highway, the non - conforming clause, and abatement of nuisances in the area. • The Commission questioned.whether or not the association had considered zero side yards in orde to accommodate a three -car garage. John Shea appeared before the Commission and stated that the association did not like the appearance of the three -car garages. Following discussion, Planning Commission recommenced the following: Motion X 1. Parking - That City Council either approve All Ayes tandem parking as originally proposed or three abreast, zero side yard encroachment with safe- guard conditions including written approval of the adjacent property owner on the affected side. If tandem parking is approved, the front and rear yar setbacks should be reduced to five feet. Planning Commission elected Commissioner Beckley to prepare a statement regarding the Commission "s concern and reasons for recommending parking requirements in excess of the City ordinance. Motion X 2. 1 Brockman Property - That the property be left All Ayes as shown and a copy of the staff report comments accompany said recommendation. Ption X 3. Non - Conforming Clause - That the non - conformity 11 Ayes clause read as follows: "All applicable sections of the Municipal Code shall Page 9. COMMISSIONERS Y� 03 Gr 9 T y AO Tf�F N7 m4N � T Z Z Z '0 p CALL Motion All Ayes 0 Motion All Ayes n U CITY OF NEWPORT BEACH MINUTES Mav 17. 1973 lunEr X prevail except where there is a conflict, the provision of this Specific Plan shall take pre - cedence." 4. Section on Abatement of Abandoned Uses - That a statement of intent be added as follows: "It is also the intent as part of this Specific Area Plan to enforce all applicable sections of the Municipal Code dealing with the abatement of abandoned uses." Request to amend a,portion of Districting Map No. 26 from an Unclassified District to a C =1 District. Item A4 AMENDMENT and the acceptance of an Environmental Impact Report. CONT. TO JJ UNIT- Location: Portion of Lot 2, Tract No. 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 X Planning Commission continued this matter to the meeting of June 7, 1973. Item A5 Request to permit the construction of a 6 unit USE apartment building in the C -1 -Z District. PE�FIMIT Location: Lots 9, 10, and 11, Block 10, Bal- boa Tract, located at 700 -702 -704 APPROVED East Ocean Front at the northeast- CTNfff-- erly corner of East Ocean Front and TTRAELY. Washington Street on the Balboa Peninsula. Zone: C -1 -Z Applicant: James W. Read, Jr., Seal Beach Owner: Basil K. Williamson, Balboa Page 10. COMMISSIONERS CITY OF N EWPORT BEACH MINUTES Ou. CALL May 17, 1973 imnEY Public hearing was opened in connection with this matter. Basil Williamson, owner, appeared before the Planning Commission and requested that a decision be made one way or the other in order that some conclusion can be made on the property. James W. Read, applicant, appeared before the Planning Commission and stated that he is in complete agreement with the conditions as recom- mended by the staff. Shirley Moore, 1309 E. Balboa, appeared before the Planning Commission in opposition to the request. There being no others desiring to appear and be heard, the public hearing was closed . Motion X following discussion, motion was made to approve Use Permit Application No. 1654 subject to . • conditions No. 1, No. 2 and No. 4; and No. 3, that the development be in accordance with the R -1.5 standards. Following further discussion, motion was withdrawn Motion X Alternate motion was made that Use Permit Applica- Ayes X X XX X X tion No. 1654 be approved subject to the following Noes X conditions: 1. That the project substantially comply with the plans as submitted except as noted below. 2. That there be a minimum of 160 sq. ft. of outdoor living area on each lot. 3. That the project conform to the R -1.5 standard . 4. That two garage spaces on each lot shall be provided as required by the Newport Beach Municipal Code. An additional, unenclosed parking space shall also be provided on one side of each lot by allowing the zero side yard encroachment for a garage, subject to the Planning Commission Policy Regarding Side Yard Encroachments for Garages, including the • written approval of the property owner on.the side of the zero yard setback. Page 11. COMMISSIONERS CITY OF nf�D NYq O T r N m �� T OLL CALL • Motion Ayes Noes 0 May 17. 1973 NEWPORT BEACH MINUTES IMMY Item A6 Request to permit the construction of a duplex on USE a lot in the C -1 District. PERMIT 6T 5�- Location: Lot 12, Block 3, Balboa Tract, located at 410 East Balboa Boule- APPROVED vard, on the north side of East MD - Balboa Boulevard between Cypress Ti 6NAELY and Adams Streets on the Balboa Peninsula. Zone: C -1 Applicant: William K. Stine, Balboa Owner: Same as Applicant Assistant Community Development Director Hewicker advised the Planning Commission that the applicant was unable to attend the meeting due.to an emergency but had requested that the Commission consider the request in his absence. Public hearing was opened in connection with this matter. There being no one in the audience who desired to appear and be heard, the public hearing was closed X Following discussion, motion was made and amended XX X XX X to approve Use Permit Application No. 1655 subject to the following conditions: 1. That development be in substantial conformance with the approved plot plan and elevations, except for minor modifications approved by the Department of Community Development. 2. That two garage spaces shall be provided as required by the Newport Beach Municipal Code. An additional, unenclosed parking space shall also be provided on one side of the lot by allowing the zero side yard encroachment for a garage, subject to the Planning Commission Policy Regarding Side Yard Encroachments for Garages, including the written,approval of the property owner on the side of the zero yard setback. Page 12. COMMISSIONERS Y TGr327 p T F N T DA i� < i p P DOLL CALL Motion All Ayes Motion. Ayes Noes Motion All Ayes 0 CITY OF NEWPORT BEACH MINUTES Mav 17. IQ73 iunoY X Following discussion relative to floor.area ratio UP -1654 and outdoor living area, motion was made to re- open the matter on Use Permit Application No. 1654 COND. #3 REVISED X Planning Commission reconsidered Condition No. 3 X X XX X X and motion was made that same be changed to read X as follows: 3. That the total FAR not exceed 1.7 times the buildable area or 2850 sq. ft. for each duplex The required outdoor living area may be roofed and will not be counted as part.of the floor area ratio. Item A7 Proposal to amend the Planned Community Develop- AMENDMEN ment Standards for "Harbor View Hills" by reducing N0. 36 the permitted density in Areas 8 and 13. CONT. TO Location: Portion of Blocks 91 and 93, 3UA1�T- 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 June 7, 1973. Item A8 Proposal to amend the Planned Community Develop - ment Standards for "Big Canyon" by reducing the AMENDMENT R. 362. CONT. TO permitted densities in Areas 1, 6, 10, and 14. Location: Portion of Blocks 55, 56, 92 and JUNE 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 13. COMMISSIONERS mny �,,yr 0 <N i pz T WILL CALL P Motion All Ayes Motion All Ayes 0 Motion All Ayes 0 CITY OF NEWPORT BEACH MINUTES May 17. 1973 lunev Initiated by: The City of Newport Beach X Planning Commission continued this matter to the meeting of June 7, 1973.. Item A9 Request to consider the adoption of a Master Plan. MASTER of Bicycle Routes as a part of the Natural Environ TL_AN NF mental Element of the Newport Beach General Plan. TrZYME REITES- Initiated by The City of Newport Beach CONT. TO X Planning Commission continued this matter to the J 7 meeting of June 7, 1973. Item.ATO Request to establish a residential planned commun- AMENDMEN ity district (Newporter Apartments Site), and the N0. 372 acceptance of an Environmental Impact Report (EIR /NB 73 -032). CONT. TO JUNE TT_ 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 June 21, 1973. Item B1 Request to permit on -sale beer and wine in con- USE junction with a restaurant and delicatessen in PERMIT the :C -1 District within 200 feet of a residential T6 � district. APPROVED Location: Lot 17, Block 12, Section Four, CENIST— Balboa Island, located at 223 TTI WArLY Marine Avenue, on the west side of Marine Avenue between Balboa Page 14. COMMISSIONERS r4�nGr> m y 0 T �yN Tya � T < £ A Z T �LL p CALL ^ CITY OF NEWPORT BEACH Mav 17. 1973 MINUTES ,uncv and Park Avenues on Balboa Island. Zone: C -1 Applicant: Mione & Hoofe Enterprise, Inc., dba Mione's Old World Delicatessen, Balboa Island Owner: William J. Hoofe, Newport Beach Assistant Community Development Director Hewicker read a letter from Betty Lynch in favor of the request. Chairman Glass noted other correspondence which had been received in opposition to the request from "a concerned group ", Mr. &'Mrs. Wilbur.Lake and Jessie Pedley. Public hearing was opened in connection with this matter. William Hoofe, 1816 Newport Hills Drive East, • owner, appeared before the Planning Commission and stated he had no objections to the conditions as recommended by the staff. There being no others desiring to appear and be heard, the public hearing was closed. Motion X following discussion, Planning Commission approved All Ayes Use Permit Application No. 1670, subject to the following conditions: 1. That this approval be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 2. No beer or wine shall be served between the hours of 12:00 midnight and 11:00 A.M. 3. The existing trash receptable shall be remove from the off - street parking space at the rear of the subject property. All four on -site parking spaces shall be utilized for vehicular storage only. • 4. No on -sale beer and wine shall be served until toilet facilities for men and women are provided as per the City's Plumbing Code. Page 15. COMMISSIONERS D mQ S S; p DD0 fP P OLL CALL 0 Motion All Ayes 0 CITY OF NEWPORT. BEACH MINUTES Mav 17_ 1Q73 wncv tem B2 ISE Request to permit the construction and operation of a restaurant in the C4-1­1 District and to allow ERMIT the sale of alcoholic beverages within 200 feet of 6 a residential district. PPROVED Location: Portion of Lot F, Tract 919, locat- ND - ed at 3300 West Coast Highway, on rrowLy the north side of West Coast High- way, east of Newport Boulevard on Mariner'.s Mile. I Zone: C -2 -H Applicant: Sequoia Pacific Realco, Santa Ana Owner: Same as Applicant Public hearing was opened in connection with this matter. Dave Dawson, representative of the applicant, appeared before the Planning Commission and stated they had no objections to the conditions as recom- mended by the staff. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion, Planning Commission approved Use Permit Application No. 1671, subject to the following conditions: 1. That development shall be in substantial con- formance with the approved plot plan and eleva- tions except for minor modifications which may be approved by the Department of Community. Development. 2. That the occupancy of the restaurant, as determined by the Fire Marshal and the Communit Development Department, shall not exceed 162 persons. 3. That landscape and irrigation plans shall be submitted to and approved by the Director of Parks, Beaches and Recreation. Said plan shall provide for a mixture of trees, shrubs and groundcover which shall be continuously maintai ed. 4. All mechanical roof top equipment shall be Page 16. COMMISSIONERS a m�xx ;,o T�ryr> y,e� Z P A DOLL CALL F • CITY OF NEWPORT BEACH MINUTES May 17, 1973 iunEY screened in a manner meeting the approval of the Department of Community Development. 5. That a resubdivision application be processed and a parcel map be filed. 6. That the water and sewer service connections for this development be in accordance with an approved encroachment permit issued by the Public Works Department. 7. That all new construction or reconstruction of driveway approaches, curb and gutter, and side walk in the West Coast Highway right -of -way, adjacent to this development be in accordance with an approved encroachment permit issued by the State Division of Highways. Item B3 Request to construct a church and related church USE facilities, including a pre - school /day care center PERMIT in the R -3 -B District. 1 Location: Portion of Block 96, Irvine's Sub- APPROVED division, located at 1601 Marguerite CO DI- Avenue, on the northwesterly corner SLY of Marguerite Avenue and San Joaquin Hills Road adjacent to Harbor View Hills. Zone: R -3 -B Applicant: Newport Center United Methodist Church, Balboa Island Owner: The United Methodist Church, Balboa Island Assistant Community Development Director Hewicker advised that the City Engineer indicated that Condition No. 8 was a design feature and could be deleted from the conditions of approval. Public.hearing was opened in connection with this matter. John Knox, minister, appeared before the Planning Commission and questioned Condition No. 4. They would like to use some other type of edging since the parking area is temporary and is the site for future buildings. He requested that future class - Page 17. COMMISSIONERS CITY OF NEWPORT BEACH v�mG�vmvO S - " MINUTES WILL ceu ^ � A Mav 1 7. 1973 iunry rooms also be included in this use permit in order to preclude coming back with an amendment. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, Planning Commission approved All Ayes Use Permit Application No. 1672 subject to the following conditions: 1. That development be in substantial conformance with.the approved plot plan and elevations, and with a plot plan submitted by.the applicant indicating all future classroom buildings, except for minor modifications which may be approved by the Department of Community Develop- ment. The required number of parking spaces shall be provided at all times... 2. All signs shall be approved by the Director of Community Development. • 3. The parking area shall be screened from the public right -of -way by the utilization of walls or fencing or mounding or landscape planting or any combination thereof. 4. That the type of edging to separate the land - scape planter areas from the paving utilized for vehicular purposes shall be.approved by the Department of Community Development. 15. That landscape and irrigation plans shall be submitted to and approved by the Director of Parks, Beaches and Recreation. All landscaped areas shall be continuously maintained. 6. All building, landscaping, parking area and service area illumination shall be directed away from adjacent properties, and in no case shall lighting standards or fixtures outside the buildings be installed above a height of twelve feet. 7. That the remaining unfulfilled conditions of approval for Resubdivision No. 225 be complete c, specifically: • a. That all vehicular access rights to San Joaquin Hills Road from Parcel No. 2 be relinquished to the City. Page 18. COMMISSIONERS Y m4rZ2 ;P T�yN M�a Y�T � P A QOLL CALL E CITY OF NEWPORT BEACH MINUTES Mav 17. 1973 TIT 11 i'1 j b. That the water capital improvement acreage fees be paid. 8. That the new driveway approach on Marguerite Avenue be in accordance with an approved encroachment permit issued by the Public Works Department. Request to permit the construction of a single family dwelling that exceeds the height limit in Item B4 VARIANCE 1031 the 24/28 Foot Height Limitation District. DENIED Location: Lot 32, Block E, Tract 1219 located at 1201 Kings Road, on the south side of Kings Road, easterly of St. Andrews Road in Cliff Haven. Zone: R -1 Applicants: Mr. & Mrs. John Dye, Newport Beach Owner: Mr. & Mrs. William Pells, Newport Beach Assistant Community Development Director Hewicker presented correspondence from Rubie & Roland L. Bertonneau and Donald Huddleston in opposition to the request. Planning Commission reviewed and discussed the staff report. Public hearing was opened in connection with this matter. Pierre Koenig, architect, appeared before the Planning Commission on behalf of the applicant and answered questions relative to the design of the. house. John Dye, 701 Kings Road, applicant, appeared befo e the Planning Commission and stated that if lot had fill dirt placed on it, the variance request would not be necessary. Donald D..Wells, 1200 Kings Road, appeared before the Commission in opposition and stated that he was assured by the fee owner, the Irvine Company, that the lot in question would never be subdivided precluding any obstruction of view. He also felt Page 19. COMMISSIONERS >mG1S2 ;p ,Ci.nD N9y O Z jD p 06LL CALL � Motion es es Motion Ayes Noes Motion All Ayes 0 CITY OF NEWPORT BEACH MINUTES May 1.7 1973 INDEX that property owners should be notified when adjacent property is being considered for resub- division and that this particular house could be redesigned within the height ordinance. Pierre Koenig appeared before the Planning Commis- sion in rebuttal. George McCauley, 1120 Kings Road, appeared before the Planning Commission in opposition to the request. There being no others desiring,to appear and be heard, the public hearing was.closed. Planning Commission discussed the matter including, redesign of the structure to conform to the slope of the lot in order to reduce the height; relocation of the sewer line and the resulting technical and mechanical problems; and the criteria for a use permit as opposed to a variance. ly X X X Following discussion, motion was made to approve Variance Application No. 1031 subject to the three X X X X conditions as recommended by the staff. Motion failed. X Following further discussion which covered the fact X X X X X X X that no hardship was involved because the house could be redesigned to meet the height limitation ordinance, motion was made to deny Variance Appli- cation No. 1031. Item B5 Proposal to amend Sections 20.47.050, 20.47.060, AMENDMENT NO. 374 20.47.070, 20.47.080, and 20.47.100 of the Newport Beach Municipal Code pertaining to the Modifica- tions Committee. APPROVED Initiated by: The City of Newport Beach Public hearing was opened in connection with this matter and immediately closed, there being no one in the audience desiring to appear and be heard. X Following review, Planning Commission recommended to the City Council that Amendment No. 374 be approved. Page 20. COMMISSIONERS CITY OF YmG�SS ;p m F im M Z Z Qou CALL Tp A Mav 17_ 1971 NEWPORT BEACH MINUTES wnev ADDITIONAL BUSINESS: Motion X Planning Commission adopted Resolution No. 805, All Ayes setting a public hearing for June 7, 1973, to consider an amendment to the Newport Beach Municipal Code. adding Section 20.02.265 and amending Sections 20.19.030, 20.20.030, 20.22.030, 20.24.030, 20.26.040, 20.30.040, 20.32.040 and 20.53.020 so as to permit outdoor restaurants in the A -P, C -N and C -0 Districts. There being no further business, Planning Commission adjourned to the Joint Meeting with the City Council to be held on May 21, 1973, at 7:30 P.M. in the City Council Chambers. Time of Adjournment: 3:00 A.M. AC LINE E. HEATHER, Secretary Pla insion, . City of Newport Beach Page 21.