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HomeMy WebLinkAbout05/20/1976COMMISSIONERS CITY OF NEWPORT BEACH Dm n m > A m Regular Planning Commission Meeting . { C a Place: City Council Chambers. m Time: 7:00 P.M. ROIL CALL i Date: May 20, 1976 Present Absent Motion Ayes Absent • Motion Ayes Absent 0 MINUTES IMMY X X X X X X i 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 B. J. Fowler, Assistant Director - Building Shirley Harbeck, Secretary X Minutes of the Regular Meeting of May 6, 1976, X X X X X were approved as written. X Item #1 Request to amend a portion of Districting Map No. 37 from the "U" District to the "P -C" District, AMENDMEN NO. 456 and to establish a Planned Community Development Plan and Development Standards for "Holiday Harbor; CONT. TO and the acceptance of an environmental document. JUP 15 Location: Portion of Blocks 55 and 94, Irvine' Subdivision, located at 800 -900 East Coast Highway on the northerly side of East Coast Highway, westerly of Jamboree Road, adjacent to Newport Dunes. Zone: Unclassified Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant X Planning Commission continued this matter to the X X X X X meeting of July 15, 1976, at the request of the X applicant. Page 1. I . - COMMISSIONERS p < M 1 D x f rm m • { X A N- ROLL CALL 2 May t Rs Absent Motion Ayes A *nt CITY OF NEWPORT BEACH MINUTES 2n_ 1976 - - 1NUex Item #2 RESUB- DIVISION NO. 504 Request to subdivide 16.14± acres into-6 parcels for commercial development in accordance with the Planned Community Development Standards for "Holi- day Harbor." CONT. TO Location: Portion of Blocks 55 and 94, Irvine's JULY 15 Subdivision, located at 800 -900 East Coast Highway, on the northerly side of East Coast Highway, westerly of Jamboree Road, adjacent to Newport Dunes. Zone: Unclassified Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant Engineer: Simpson - Steppat, Newport Beach X X X X X X Planning Commission continued this matter to the meeting of July 15, 1976, at the request of the X applicant. Item #3 OFFSITE Proposed Offsite Parking Agreement in conjunction with the "Marrakesh Restaurant." PARKING AGREEMENT Location: A portion of Lot 35 and Lots 36, 37, and 38, located at 1100 West Coast APPROVED Highway, on the northerly side of CONDI- West Coast Highway, opposite the 7T NW LY Balboa Bay Club. Zone: C -1 -H Applicant: Ali Rabinni, Newport Beach Owner: Tract 1210 Ltd., Newport Beach X Motion was made that Planning Commission make the X X X X X following findings: X a.) A long term lease has been granted the applicant by the property owner, Rolf Engen, Inc., for the 5 parking spaces and related access to West Coast Highway to the east of Page 2. COMMISSIONERS T 3 V N { . N ROLL CALL 2 0 0 CITY OF NEWPORT BEACH MINUTES Mav 20. 1976 INDEX the restaurant facility'after the hour of 5:00 P.M. every day when the catering depart- ment of Rolf Engen, Inc., closes its operation (and the need for its required 6 parking spaces). b.)_ The offsite parking spaces adjoin the restau- rant site and are easily accessible. c.) The proposed development will not create undue traffic hazards in the surrounding area. and approve the Offsite Parking Agreement subject to the following condition: 1. That an offsite parking agreement shall be approved by the City Council, guaranteeing that 5 additional parking spaces shall be provided on Lot 35 of Tract 1210, for the duration of the restaurant use on the property in question. Said parking spaces shall not be available until 5:00 P.M..on any day, and the restaurant facility shall not be open for business earlier than 5:00 P.M. Item #4 Request to permit a detached garage on the front VARIANCE NO. 1053 one -half of a lot in the R -1 District that exceeds the height limit for either an accessory.or main building in the 24/28 Foot Height Limitation DENIED District. Location: Lot 31, Block E, Tract 1219, located at 1113 Kings Road, on the southerly i side of Kings Road, easterly of St. Andrews Road in Cliff. Haven. Zone: R -1 Applicant: J. D. Walling, Newport Beach Owner: Same as Applicant Community Development Director Hogan reviewed the staff report in detail as well as the background and reasons for the present hearing. Review of the matter also included a detailed comparison between the "as- built" plans and those approved by the Planning Commission as well as an explana- Page 3. COMMISSIONERS CITY OF NEWPORT BEACH mM z May 20, 1976 MINUTES INDEX tion as to how a combination of errors, oversights, interpretations, and assumptions lead to the discrepancies which exist between the two sets of plans and the resulting structure. I ,Staff answered questions of the Commission relative to public notice procedures and responsibility of (_ applicants to furnish property owners lists; actual size of the "as- built" garage and the placement of same in relation to existing structure on both the subject and adjacent properties; discrepancies between the "as- built" plans • and the approved plans; procedures exercised by the City to correct situations wherein construction is found to exceed the normal tolerance allowed or does not conform to approved plans; determination of the City Attorney in connection with the defective public notice process resulting in the need for a re- hearing; and the Municipal Code as it relates to accessory buildings. Public hearing was opened in connect ion with this • matter. David Baade, Attorney, appeared before the Commis- sion on behalf of J. D. Walling, applicant and owner of the garage in question. He advised of their substantial agreement with the staff report, however, reiterated their opposition to the re- hearing as stated in his letter dated May 10, 1976, addressed to the City of Newport Beach. Mr. Baade requested that he be allowed the opportunity to comment further at the end of the hearing on matters which may be raised during the proceedings. Holly Henderson, 1110 Kings Road, appeared before the Commission in opposition to the request and advised they were part of the property owners who had not received notice of the previous hearing. She commented on the garage under construction and the adverse effect it has had on the neighborhood because of its overwhelming size and appearance of being a commercial garage in a residential area. It has caused a loss of view, could set a precedent, is out of character with the rest of the neighbor-, hood and is not consistent with sound zoning practices. Therefore, she requested that the • variance be denied and the structure be removed. Donald Wells, 1200 Kings Road, Builder, appeared before the Commission and commented on.the aesthet- ic value of the neighborhood which could be affect- Page 4. COMMISSIONERS CITY OF NEWPORT BEACH • i N A A MINUTES iz Mav 20. 1976 INDEX KULL L. LL V k I I i I ' ed if the garage were allowed to remain. George McCauley, 1120 Kings Road, advised he did not receive notices of the previous hearings, however, a review of the file indicated that he had received proper notification. Mr. McCauley advised of his opposition to the garage because of its disproportionate size. i Joanie Anderson, resident of the adjacent property at 1101 Kings Road, appeared before the Commission and advised of the effect the structure has had on their home and how it has cut off the light to the bedrooms. Carl Madden,1020 Kings Road, appeared in opposition to the structure and the variance request. Matthew Pobog, 1400 Kings Road, appeared in opposi- tion to the structure because of its size and adverse effect on the neighborhood. • Bill House, 500 Signal Road, appeared before the Commission and questioned the mechanics of notifi- cation of property owners within the immediate area. Bob Cooper, 418 Signal Road, President of the Board of Directors of the Cliff Haven Community Association, appeared before the Commission and advised of their opposition to the structure because of its appearance. Patty Alms, 112 Kings Place, appeared before the Commission in opposition to the garage structure. Bruce Trotter, Kings Road, appeared in opposition to the garage. Lee Handy, 810 Kings Road, also appeared in opposi- tion to the garage. Gary Cowan, 303 Kings Road, appeared before the Commission and advised that probably when the garage was completed and landscaping installed, the structure would blend in with the rest of the neighborhood and would not be as bad as the • opposition has indicated. Tom Henderson, 1110 Kings Road, appeared in opposi- tion to the variance and advised of an offer of restitution on behalf of the neighbors and in Page 5. COMMISSIONERS CITY OF NEWPORT BEACH • ; F p MINUTES N Qnu re�i ° Mav 20, 1976 lNnEx favor of Mr. Walling, relative to the demolition and removal of the structure. He displayed a drawing depicting the view of the structure from his property which more closely resembles that of existing conditions and felt that the criteria required for the granting of a variance had not been met. Alan Foster, 801 Kings Road, appeared before the Commission in opposition to the request. David Baade, Attorney for the Applicant, appeared before the Commission and pointed out that the variance would not be necessary if the garage were being constructed on flat land. He agreed that the structure was large but the garage was designed for the purpose of parking a motorhome and it was not the intent of Mr. Walling to devaluate the surrounding property since that would affect him as well. He commented on the location of the structure and felt that Mr. Walling was not obligated to provide views across his • property. As to the aesthetics, he commented that this was a matter of personal taste and was not grounds for demolition of a structure or denial of a variance. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Variance No. 1053 be denied; and in making the motion, Commissioner Agee pointed out that the Commission was following the advice and direction of the City Attorney to hold a new public hearing because of the defects which were found to exist in the previous notification procedures and in the course of the re- hearing, felt that the criteria required to justify the granting of a variance had not been met. Commissioner Parker concurred with the motion and felt that the drawings were misleading and unfor- tunately the actual construction does not appear to be the same as that approved by the Planning Commission. He felt that this hearing has clari- fied many issues not previously raised and that the extraordinary circumstances have, in this case, • worked to the detriment of the applicant rather than the benefit because of the substantial number of people who are adversely affected by the applicant's attempt to develop his property. Commissioner Parker commented on the structure as Page 6. COMMISSIONERS CITY OF NEWPORT BEACH p A { MINUTES • m onu Deli ° Mav 20. 1976 INDEX being massive and wholly out of scale with the rest of the building in the neighborhood and felt that no substantial right of the property owner was such that it needed protection. Commissioner Parker suggested that the motion be amended to provide denial "without prejudice" in order to allow the applicant the opportunity to apply for a variance for some other type of detached accessory building. Mr. Agee accepted the amendment. Commissioner Heather commented that hindsight is often better than foresight and suggested that the ordinance dealing with accessory buildings be thoroughly reviewed, especially as it pertains to buildings fronting on residential streets. She advised that unfortunately the magnitude of the size of the garage was not apparent at the previous hearings and concurred with the motion. Commissioner Seely felt satisfied that the appli- • cant was not responsible for the failure to give notice as required by Code and that he was not trying to circumvent the law or mislead the Commis- sion at the previous hearings, nevertheless, the facts remain that notices were not properly given and, therefore, the re- hearing was justified. He commented on the zoning ordinance and its purpose to preserve the character of a neighborhood and protect not only the property rights of an appli- cant to develop his property but also to protect the property rights of other people in the area as well. He concurred with the motion and comments by other Commissioners. Commissioner Beckley commented that approval of most of the variances along Kings Road have not been perfunctory but have generally been based on the unusual topography of the land. He felt that a person had the right to an accessory building, a second garage, or a second story if it could be made to comply with the Municipal Code. However, the garage as constructed does not substantially conform to the drawings that were reviewed and approved on the basis that the garage would not be out of scale or out of line with other structures • in the neighborhood. Assistant City Attorney Coffin suggested that the Planning Commission make findings in connection with their action to deny the variance without Page 7. COMMISSIONERS s z ro m CITY OF NEWPORT BEACH D� f Ill < • A A MINUTES ROLL CALL i Mav 20. 1976 INDEX prejudice and the Commission discussed and.coricur- red that the following findings be made: 1. That construction of a structure of the magnitude of the subject garage is totally I out of scale with property in the surrounding residential area. 2. That the garage as constructed does not sub - stantially conform to the drawings presented to and acted upon by the Planning Commission when it approved the variance at the hearing on December 4, 1975. 3. That mailed notice of the public hearing on the variance as required by the Newport Beach Municipal Code was not properly given for the hearing held December 4, 1975, because several owners of property within 300 feet of the subject property were not included on the list of owners supplied by the applicant and, therefore, the December 4, 1975, hearing was . not a proper hearing and that the variance purportedly granted by the Planning Commission was defective and void. 4. That there are extraordinary topographical features to the land and the use proposed by the applicant would be materially detrimental to the public welfare of those residing in the neighborhood and that there are no substantial property rights of the applicant which are being denied or affected. 5. That construction of the garage would be detrimental to persons residing in the area and particularly insofar as it would be injurious to the adjacent properties because of the loss of views and light. Ayes X X X X X The motion to deny Variance No. 1053 without Absent X prejudice was voted on and carried and based on the above findings. Planning Commission recessed at 9:30 P.M. and • reconvened at 9:45 P.M. Page 8. COMMISSIONERS CITY OF NEWPORT BEACH m x m a A m • t � P N ROLL CALL °� May 20, 1976 0 Motion Ayes Absent MINUTES uncv Item #5 Request to waive a portion of the required parking USE spaces in conjunction with the establishment of PERMIT additional storage space for the Tradewinds Liquor- NO.1791 Grocery complex on the property. The proposed development also includes the conversion of the CONT. T( existing automobile service station into a restau- JUNE 3 rant facility on the site. The proposed develop- ment also requires a modification for the existing service station building which encroaches to the northerly side property line (where the Development Standards for Specific Area Plan No. 4 now require a 5 foot side yard setback when a commercial lot abuts upon the side of a lot in a Residential Development Area). The proposed development requires a modification from the size and location requirements for two parking spaces and a modifi- cation from the required dimensions for landscaped planters. Location: A portion of Lots 3 and 14 and Lots 4, 5, 12, and 13, Block 7 of the Seashore Colony Tract Addition and a portion of an alley that.is pro - posed to be abandoned, located at 6700 and 6710 West Coast Highway, on the northerly side of West Coast Highway between Orange Street and Colton Street in Newport Shores. Zone: Specific Area Plan No. 4 Applicant: Charles B. Baur, Newport. Beach Owner: Charles, Dreana, Edward and Mary Baur, Newport Beach X Planning Commission continued this matter to the X X X X X meeting of June 3, 1976. X Item #6 Request to establish one building site and elimi- nate interior lot lines where four lots, portions RESUB- DITI 100 of two other lots, and a portion of a 10 foot wide NO. 520 alley that is proposed to be abandoned now exist so as to permit the conversion of an existing automobile service station into a restaurant CONT. T 3UTE 3 Page 9. COMMISSIONERS vnxmm N ROLL CALL i pion s Absent 40 CITY OF NEWPORT BEACH MINUTES May 20, 1976 191w.^ facility on the property. The proposed develop- ment also includes the conversion of an existing duplex into additional storage space for the Tradewinds Liquor- Grocery complex on the site. !Location: A portion of Lots 3 and 14 and Lots 4, 5, 12, and 13, Block 7 of the Seashore Colony Tract Addition and a portion of an alley that is pro- posed to be abandoned, located at 6700 and 6710 West Coast Highway, on the northerly side of West Coast Highway between Orange Street and Colton Street in Newport Shores. Zone: Specific Area Plan No. 4 Applicant: Charles B. Baur, Newport Beach Owner: Charles, Dreana, Edward and Mary Baur, Newport Beach X Planning Commission continued this matter to the XIX X X X meeting of June 3, 1976. X i Item #7 Request to establish a restaurant facility with USE on -sale alcoholic beverages, and the acceptance PERMIT of an off -site parking agreement for a portion of X9.2 the required parking spaces. APPROVE Location: Portion of the South Half of Section COND _- 28, Township 6 South, Range 10 West, TIONALL San Bernardino Meridian, located at 3011 Newport Boulevard, on the westerly side of Newport Boulevard between 30th Street and 32nd Street in Central Newport. Zone: C -1 Applicant: Western Canners Co., Newport Beach Owner: William J. Cagney, Newport. Beach Planning Commission discussed the requirement for a 15 foot setback along Newport Boulevard and its effect on the required parking. They also Page 10. COMMISSIONERS CITY OF NEWPORT BEACH A MINUTES • N Iteu ceu i May 20, 1976 imnry discussed the recommendation to remove a corner of the building, the wash -out area for trash cans, and signing. Public hearing was opened in connection with this matter. i William R. Hamilton, President of Western Canners Company, appeared before the Commission in connec- tion with this matter. Since the parking is very limited and they need all the spaces they can get, it was requested they be allowed to keep parking space #1 as it was felt it would not interfere with pedestrian traffic or access to the lot. If it was not possible to keep space #1, Mr. Hamilton requested that the parking ratio be changed to provide 1 space for each 50 square feet of net public area since they would not be providing any live entertainment or dancing. He also pointed out that off -site parking was available in the nearby shopping center parking lot. As to the limitations recommended in connection with the • hours of operation, Mr. Hamilton requested they be extended on weekends and holidays from 12:00 Noon to 2:00 A.M. Mr. Hamilton answered questions of the Commission relative to the type of operatio proposed and use of the storage area. William Barsh of Saint - Tropez restaurant appeared before the Commission and voiced concern with the limited amount of parking in the area. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make the 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, is compatible with surrounding land uses and will upgrade a commercial site which has been vacant and allowed to deteriorate. 2. The project will not have any significant environmental impact, providing adequate offstreet parking and access are maintained_ • for the proposed development. 3. The Police Department has indicated that they do not contemplate any problems. Page 11. COMMISSIONERS. CITY OF NEWPORT BEACH. m x m a x m m %cl m { N ROLL CALL i Mav 90. 1976 MINUTES iunoY 4. A portion of required parking spaces for the proposed restaurant facility on separate lots from the building site is justifiable for the following reasons: (a) The offsite parking lots adjoin the restaurant site and are easily accessible. (b) The proposed development will not create undue traffic hazards in the surrounding area. (c) The owner of the restaurant site also owns or leases the adjoining locations where the off -site parking is proposed. 5. Music from the proposed juke box will not be detrimental to surrounding land uses so .long as the music is confined to the interior of the restaurant facility. 6. The approval of Use Permit. No. 1792 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 or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1792, subject to.the following conditions: 1. That development shall be in substantial con- formance with the approved plot plan and elevations, except as altered by the conditions which follow. 2. That a minimum of one parking space /40 sq. ft. of net public area shall be provided on -site or on the adjoining off -site locations. An off -site parking agreement shall be approved by the City Council guaranteeing that the off - site parking will be maintained for the dura- tion of the subject restaurant use. In the event there is insufficient area to provide the required parking, the net public area of • the restaurant shall be reduced or additional off -site parking shall be provided in a loca- tion meeting the approval of the Planning Commission. Page 12. COMMISSIONERS CITY OF NEWPORT BEACH m o m a x { p A MINUTES Ti • N ROLL cnu % May 20, 1976 INIDEx 3. That a revised parking layout shall be submitte to and approved by the City's Traffic Engineer and shall incorporate the following features: (a) A minimum setback of 15 feet from the Newport Boulevard right -of -way line, i except that the parking space designated as #1 on the plot plan shall be allowed to remain. (b) Setbacks sufficient to protect the exist- ing meters at the rear of the adjoining shopping center. This requirement shall be waived in the event the meters are place in subsurface vaults. (c) Aisles a minimum of 3 feet in width opposite each rear door of the adjoining shopping center which provide unobstructed access to the adjoining public right -of- way (Newport Boulevard). This requirement shall be waived in the event non - required • exits are removed and the doors are closed up. All parking spaces shall be marked with approve traffic markers or painted white lines not less than 4 inches in width. 4. That the existing driveway at the northerly corner of the site shall be closed up and a new driveway approach constructed to line up with the aisle between the two row of parking spaces. 5. That the southerly corner of the existing building be modified to provide an adequate turning radius for the exit aisle. The portion of the building to be removed could be a tri- angular shaped area with the sides of the trian le having a minimum length of 10 feet. 6. That sufficient trash storage and pick up areas be maintained to serve the proposed restaurant use as well as replace any existing trash storage areas which are displaced by the pro- posed parking area adjoining the rear of the adjacent shopping center. All trash and • mechanical equipment areas shall be screened from adjoining streets and properties. 7. That a landscape plan shall be submitted to Page 13. COMMISSIONERS < n p A • N ROLL CALL 2 L 0 CITY OF NEWPORT BEACH MINUTES May 20, 1976 INDEX 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 planters. That the entire Newport Boulevard frontage adjacent to the parking area shall be landscaped except for the required driveway. The depth of said landscaping shall be determined by the Director of Parks, Beaches and Recreation. All land- scaping shall be continuously maintained. 8. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. In addition, the kitchen hood system shall have an automatic fire protection system installed. 9. That the music from the proposed juke box shall be confined to the interior of the restaurant facility. 10. That all exterior lighting and signs shall be approved by the Director of Community Develop- ment. No off -site signs shall be permitted. 11. That the restaurant facility shall not be open for business prior to 5:00 P.M. or after 2:00 A.M. daily, or prior to 12:00 Noon or after 2:00 A.M. on Weekends and Holidays. 12. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. Item #8 Request to permit interior alterations and second VARIANCE .floor room additions on a nonconforming single NO.1058 family dwelling with existing side yard setbacks of 3 feet (where the Ordinance requires 4 foot APPROVED side yards on lots wider than 40 feet). The N - proposed development will exceed 1.5 times the TTD-N-K—LLY buildabl.e area of the lot in the R -1.5 District. Location: Lot 23, Tract 742, located at 325 East Bay Front, on the southwester) side of East Bay Front, between The Grand Canal and Balboa Avenue on Balboa Island. Zone: R -1.5 Page 14. COMMISSIONERS CITY OF NEWPORT BEACH • A A { MINUTES N oni i ce1 1 °z Ma v 20. 1976 INDEX Applicant: Paul Miller, Fullerton Owner: J. Matthew and Lois Jean Osborne, Newport Beach Assistant Community Development Director Hewicker reviewed the plot plan with the Commission in order to clarify the alterations and additions proposed by the request. Public hearing was opened in connection with this matter. Paul Miller with Miller & Miller Associates, Fullerton, appeared before the Commission on behalf of the owners and advised that a petition had been circulated in the neighborhood which reflects the signatures of 43 persons in favor of the request. He further reviewed the proposed alterations with the Commission and disagreed with the staff report in that he felt circumstances had changed since the previous request was made; i.e. the plans have been completely revised to provide a better and more liveable residence, and another variance was granted allowing more square footage than that being requested by this variance. Mr. Miller pointed out that because of the unique shape of the lot and location on a curve, the average width has been increased by 12 feet, thereby requiring 4 foot side yard setbacks instead of 3 foot side yard setbacks enjoyed by all the other properties along the street. The increased setback has reduced the buildable area. by 210 square feet of which a variance is being requested for 123 square feet. He commented on the fact that a four -car garage is being provided and presented a sketch indicating that no views would be lost as a result of the bay window encroachment. Lois Osborne appeared before the Commission and commented on the unique shape of the lot, the original cost of the property, the change in zoning since the property was purchased, and the proposed construction which will meet their lifestyle. She advised that in obtaining the signatures on the petition, the plans were reviewed and there were • no objections from anyone; the only objection has been from the Balboa Island Improvement Associa- tion. Page 15. COMMISSIONERS CITY OF NEWPORT BEACH { • { a A MINUTES gnu reli ° May 20, 1976 imnry Susie Baron, 323 East Bay Front, appeared before the Commission in favor of the request. Community Development Director Hogan read a letter received from the Little Balboa Island Improvement Association which took no stand on the matter as they felt that the views of the neighbors most affected by the request should be given the fullest consideration. Gene Chambers, 319 East Bay Front, appeared before the Commission in favor of the request and felt . there would be no adverse affect to the island and that the proposed alterations would be a definite asset, including the two additional parking spaces. Frank Russ, Contractor, appeared before the Commission and advised that the property was purchased based on the ability to remodel the house whi.ch was zoned R -2 at the time. Since then the zoning has been changed to R -1.5, thereby reducing the buildable area. He also commented on the extra parking spaces and the owners desire for garages as opposed to carports.. John Worley, 126 Onyx, member of the Board of Directors of the Balboa Island Improvement Association, appeared before the Commission and advised of the Association's policy to oppose any infringements on the R =1.5 zoning as they felt that all property owners should adhere to the Code, which was brought about by necessity and has not decreased the value of any property on the island. This particular variance is requesting approxi- mately 1,300 square feet over that allowed by the R -1.5 zoning and pointed out that a similar ..request was made several years ago on the same property and was denied. He also pointed out that other property owners in the area have accepted the regulations of the R -1.5 zoning. He advised that the Association had no objection to the, encroachments into the side yards but that no other encroachments should be allowed. Chairman Beckley pointed out that the request was for 123 square feet over the allowable buildable area and not 1,300 square feet as stated by Mr. • Worley. It was also noted that this lot was larger than the typical adjacent lots and therefore contained more buildable area than the others in the area. Page 16. COMMISSIONERS m D CITY OF NEWPORT BEACH • A A MINUTES N onu reu i May 20, 1976 INDEX Matt Osborne appeared before the Commission and advised of the enthusiastic responses which they ..received from all the people who reviewed the plans with the exception of the Balboa Island Improvement Association and pointed out that the property in question is located on the Little Island. He felt they should be rewarded for providing additional offstreet parking as opposed to being penalized and commented on the problems with litter and vandalism created by construction of carports, whereas closed garages provide the security they desire. Chuck Rumble, 215 Abalone, appeared in favor of the request, especially in connection with the. four -car garage. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that the Planning Commission make A s X X. X X X the following findings: n X 1. That there are exceptional or extraordinary circumstances applied to the land which do not apply to other property in the same dis- trict in that the lot is unusual in its configuration because it is substantially wider at the front than at the back and except for that change in width at the front, the 4 foot setbacks would not have been required and the building would have complied with the floor area ratio. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property .rights of the appli- f cant because of the additional parking which is advantageous not only to the property owner but to the neighborhood as well. 3.. That the house is generally in conformance with the design of homes that are being constructed in th.e neighborhood and that the additional offstreet parking will be advantage- ous to the adjacent property owners and that the granting of the application will not, • under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the Page 17. COMMISSIONERS ➢Q m A m n m CITY OF NEWPORT BEACH • � � A A N ROLL CALL i May 20, 1976 0 Motion Ayes . Absent 0 MINUTES INDEX particular case be materially detrimental to the public welfare or injurious to property or_ improvements in the neighborhood. and approve Variance No. 1058, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. That no walls, fences, gates, or trees shall be permitted within the public right -of -way between the bulkhead and the property line.. Any surface improvements and landscaping installed in this area shall be in accordance with an encroachment permit approved by the Public Works and Parks Department, Item #9. Request to amend the Planned Community Development Plan for "troll Center Newport" to. permit changes ;AMENDMEN N0. 466 CONT. TO :JUNE 3 in the Land Use Map and Text, and the acceptance of an.Environmental Document. Location: The Planned Community of "Koll Center Newport," bounded by Jamboree Road, Campus Drive and MacArthur Boulevard. Zone: P -C Applicant: Koll Center Newport Owner: Same as Applicant X Planning Commission continued this matter to the X X X X X meeting of June 3, 1976. X Page 18. COMMISSIONERS Ll� ROLL CA Motion Ayes. Absent n �J Motion Ayes Absent Motion Ayes Absent • CITY OF NEWPORT BEACH MINUTES Mav 20. 1976 INnEY Initiation of General Plan Amendments for the Item #10 GENERAL June, 1976, General Plan Amendment Session - PLAN Request to set public hearings. TMENDMENT SES ION X Planning Commission adopted Resolution No. 951, X X X X X setting a public hearing for June 17, 1976, to SET X consider the following amendments to the General PUBLIC . Plan: HEARING 1. An amendment to the Land Use Element and Recreation and Open Space Element to add "Administrative, Professional and Financial Commercial" and "Recreational and Environmental. Open Space" as alternate uses, in addition to the "Recreational and Marine Commercial" designation, for the property at the southeast corner of Bayside Drive and Marine Avenue. 2. An amendment to the Land. Use Element and Residential Growth Element to change the designation of four lots at the southeast corner.of Dahlia and Fifth Avenues in Corona del Mar from "Retail and Service Commercial" to "Two- Family Residential." ADDITIONAL BUSINESS: X Planning Commission adopted.Resolution No. 950, X X X X X setting a public hearing for June 3, 1976, to X consider an amendment to Title 19 and Title 20 of the Newport Beach Municipal Code relative to permit filing fees. X. There being no further business, Planning X X X X X Commission adjourned the meeting. X Time:: 11:00 P.M. i JAMES ARKER, Secretary Planning Commission City of Newport Beach Page 19.