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HomeMy WebLinkAbout06/05/1975r y COMMISSIONERS ACALL Present Motion Ayes Absent r� U U CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. natae ,Lena 5_ 1Q7F MINUTES _ _. _ _ . _ _.. _ _ _ - IMVCA X X X X* X *Arrived at 7:15 P.M. 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 Tim Cowell, Advance Planning Administrator Dave Dmohowski, Senior Planner Shirley Harbeck, Secretary X Minutes of the Regular Meeting of May 1, 1975, X X X X X were approved as written. X * * * * * * * * Item #1 Request to permit the construction of commercial MODIFI- buildings that encroach to within 5 feet of a rear CATION property line, and related offstreet parking and N0. 904 landscape planter areas that encroach to the rear property lines on both sides of an existing 30 APPROVED CONDI- foot wide alley (where the Ordinance requires a minimum 10 foot rear yard setback in the C -1 TI�LY District when abutting an alley). Further request to permit the construction of a 58 foot high t flag pole on the site in the 26/35 Foot Height Limitation District, and the acceptance of an offsite parking agreement for a portion of the required parking spaces. Location: Lots 1 through 6 and.Lots 10 throug 15, Tract 1133, a portion of Lot A, Tract 919, and a portion of an abandoned alley, located at 2600- 2740 West Coast Highway, on the northeasterly side of West Coast Highway between Riverside Avenue and Tustin Avenue on Mariner's Mile. Zone: C -1 -H Applicants: Mariners Mile Co., Newport Beach; United California Bank, Los Angeles Page 1. S, COMMISSIONERS CITY OF NEWPORT BEACH f� T � x me ? I'll p ; sO rw„ m w June 5_ 1975 MINUTES Owners: Same as Applicants Staff advised that the request was consistent with the Specific Area Plan being proposed for Mariner' Mile and recommended an additional condition which would approve the flag pole at the height requeste (58 feet) provided the flags did not include the name or logo of any tenants. Public hearing was opened in connection with this matter. Wilson Woodman, Architect with Wilson V. Woodman & Associates, 240 Newport Center Drive, Newport Beach, appeared before the Commission on behalf of the applicants and presented renderings of the project for review. He answered questions regard- ing the project and concurred with the staff report and recommendations. Vin Jorgenson, 1533 Antigua Way, Newport Beach, one of the owners, appeared before the Commission in connection with this request. 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 All Ayes following findings: 1. The proposed development is consistent with the General Plan, and will be compatible with surrounding land uses. 2. The encroachments into the required 10 foot rear yard setbacks on both sides of the 30 foot wide alley will not be detrimental to traffic movements in the subject alley. 3. Adequate offstreet parking spaces and traffic circulation have been provided for the pro- posed development. 4. The required.parking spaces for the proposed development on a separate lot from the build- ing site is justifiable for the following reasons: 1.) The parking lot is directly across a 30 foot wide alley from the main building site; 2.) The proposed development will not create undue traffic hazards in the surrounding Page 2. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES. P ol�rwl. ` m A m .luno 5_ 1Q79; mvcn area; and 3.) The property is owned by the applicant and will be maintained as an offstreet parking lot for the duration of the commercial use on the adjacent building site. 5. The proposed 58 foot .high flag pole will be compatible with the proposed development. 6. The approval of Modification No. 90:4 will not, under the circumstances of the particular case be detrimental to the health, safety, peace, comfort and general welfare of persons resid- ing or working in the neighborhood of such. proposed use or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of the Zoning Code. and. approve Modification No. 904, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. That a minimum 50 percent of the frontage along West Coast Highway between Riverside Avenue and Tustin Avenue shall maintain a building setback of 10 feet, while the remaining.50 percent of the frontage area shall maintain a front yard setback not less than 5 feet. 3. That all exterior lighting and signs shall be approved by the Director of Community Develop- ment. Any convenience sign, such as "entrance" or "exit ", shall have a maximum area of 6 sq. ft. per face. Said convenience signs and the proposed flag pole shall not include the name or logo of the commercial uses. All other signs shall be wall mounted and shall be placed below the eave lines of the proposed commercial building. 4. That all mechanical equipment and trash areas • shall be screened from the 30 foot wide alley as well as from the adjacent streets. 5. That a landscape plan shall be submitted to Page 3. COMMISSIONERS CITY OF NEWPORT BEACH R CALL 0 MINUTES tune 5. 1975 IMUCA and approved by the Director of Parks, Beaches and Recreation. Said landscaping shall be implemented in accordance with the approved plan, and shall be continuously maintained. 6. That all applicable conditions of Use Permit No. 1755 and Resubdivision No. 487 shall be fulfilled. 7. That an offiste parking agreement shall be approved by the City Council, guaranteeing that the required number of parking spaces shall be provided on the site northerly of the 30 foot wide alley for the duration of the commercial uses on the property in questio . 8. That the flag pole be approved at the height requested (58 feet), provided the flags shall not include the name or logo of any of the tenants. Item #2 Request to permit the construction of a drive -in USE banking facility in conjunction with a proposed PERMIT bank building in the C -1 -H District. N0. 1755 Location: Portion of Lot A, Tract 919, APPROVED located at 2740 West Coast Highway, CONDI= on the northeasterly corner of DALLY Riverside Avenue and West Coast Highway on Mariner's Mile. Zone: C -1 -H Applicant: United California Bank, Los Angeles Owner: Same as Applicant Planning Commission discussed the Riverside Avenue exit and whether or not left turns would be per- mitted. It was pointed out that the vehicle code would permit left turns, however the Traffic Engineer recommended no left turns onto Riverside Avenue and the plot plans indicated that a "right turn only" sign would be placed at the exit. Planning Commission also discussed setbacks, corner cut -offs, curb cuts, sidewalks and parking requirements. Public hearing was opened in connection with this matter. Page 4. COMMISSIONERS CITY OF NEWPORT BEACH � m y T y m n m P r as CAI � m P N tuna 5_ 1975 MINUTES - - -- - - - INOtx Wilson Woodman, Architect with Wilson V. Woodman & Associates, 240 Newport Center Drive, Newport Beach, appeared before the Commission in connec- tion with this matter. He reviewed the access points and answered questions of the Commission. Gregory Dumas, Vice President, Design Construction United California Bank, 600 South Spring Street, Los Angeles, appeared before the Commission and voiced concern with Condition No. 2 which would prohibit the corporate logo from being displayed on the drive -up directional signs. He concurred with the staff report and all other recommendation . Staff advised that the corporate logo was not normally included as a part of the directional signs for drive -up banking facilities which have previously been approved. There being no others desiring to appear and be heard, the public hearing was closed. Following further discussion as to the exit onto Won Riverside Avenue, setbacks and corner cut -offs at X Riverside Avenue and Coast Highway, motion was made to make the following findings: 1. The proposed development does not conflict with the General Plan and will be compatible with surrounding land uses. 2. Adequate off - street parking spaces and traffic circulation have been provided for the pro- posed development. 3. The approval of Use Permit No. 1755 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1755, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and • elevations. 2. That all exterior lighting and signs shall be approved by the Director of Community Develop - Page 5. COMMISSIONERS CITY OF NEWPORT BEACH m a P CA« June 5 1975 MINUTES r > inven ment. Any convenience sign, such as "entrance " "exit," or "drive through teller" shall have a maximum area of six sq. ft. per face. All other signs shall be wall mounted and shall be placed below the eave lines of the proposed bank building. NOTE: Condition No.2 was amended by a sub- sequent motion which carried. 3. That the mechanical equipment and trash areas shall be screened from the thirty foot wide alley as well as from adjacent streets. 4. That a landscape plan shall be submitted to and approved by the Director of Parks, Beaches & Recreation. Said landscaping shall be implemented in accordance with the approved plan, and shall be continuously maintained. 5. That all applicable conditions of Modification No. 904 shall be fulfilled. • 6. That all improvements be constructed as required by ordinance and the Public Works Department. 7. That all unused driveway approaches be removed and closed up by constructing new curb and gutter and sidewalk. All work within the Riverside Avenue right -of -way shall be in accordance with an approved encroachment permit issued by the Public Works Department. All work within the West Coast Highway right - of -way shall be in accordance with an approved encroachment permit issued by CALTRANS. 8. That a twenty -five foot radius corner cutoff be dedicated for street and highway purposes at West Coast Highway and Riverside Avenue. The location of the corner cutoff shall take into account the proposed acquisition of an additional twelve -foot wide strip of right - of -way along the northerly side of West Coast Highway. Motion X Corporate logo on directional signs was discussed Ayes X X X X X X and motion was made to amend Condition No. 2 to IF X read as follows: 2. That all exterior lighting and signs shall be approved by the Director of Community Develop- ment. Any convenience sign, such as "entrance," Page 6. COMMISSIONERS CITY OF NEWPORT BEACH M ACALL � Ayes 0 U MINUTES =June 5. 1975 "exit," or "drive through teller" shall have a maximum area of six sq. ft. per face, and shall not include the name or logo of the bank use. All other signs shall be wall mounted and shall be placed below the eave lines of the proposed bank building. X X X X X X X The original motion was then voted on and carried, as amended. Items No. 3 and No. 4 were heard concurrently because of their relationship. Item . #3 USE Request to permit the construction of a drive -in banking facility in conjunction with a proposed PERMIT bank building, and the acceptance of an environ- N0. 1756 mental document. Further request to allow the subject bank building to encroach to within 1 foot APPROVED of a rear property line adjacent to a 30 foot wide CONO—DT- alley (where the Ordinance requires a minimum TIONALLY 10 foot rear yard setback in the C -O -Z District when abutting an alley), and the acceptance of an offsite parking agreement for a portion of the required parking spaces for the subject bank. The Proposed development also includes the construction of a 44 foot high ± flag pole on the bank site in the 26/35 Foot Height Limitation District, Location: Lots 7 through 13, Lots 15 through 21, and a portion of Lot 14, Lancasters Addition to Newport Beach, and a portion of 32nd Street, northwesterly of Lafayette Avenue between 31st and 32nd Streets in the Cannery Village. Zones: C -2, C -O -Z Applicant: Bank of Newport, Newport Beach Owner: Same as Applicant Page 7. COMMISSIONERS CITY OF NEWPORT BEACH D m 2 S q m£ <4 M P 3 XP in as CALL r • n U MINUTES .lino r 107r gnvcn Item #4 RESUB- Request to establish two building sites and elimi- nate interior lot lines where fourteen lots, a portion of an additional lot, and a portion of 32nd Street (vacated) now exist so as to permit the construction of a bank building and a related drive -in banking facility on the sites. DIVISION NO. 491 APPROVED CONDI- TIONALLY Location: Lots 7 through 13, Lots 15 through 21, and a portion of Lot 14, Lancasters Addition to Newport Beach, and a portion of 32nd Street northwesterly of Lafayette Avenue between 31st and 32nd Streets in the Cannery Village. Zones: C -2, C -O -Z Applicant: Bank of Newport, Newport Beach Owner: Same as Applicant Engineer: Raub, Bein, Frost and Associates, Newport Beach Staff recommended that approval of Use Permit No. 1756 include the required modification for the alley setback and the height of the flag pole at 44 feet. The effects of this use permit on a previously approved use permit for the same property were discussed and it was pointed out that since the previous use permit had not been exercised within the 18 -month time limit, it was automatically terminated. Public hearings were opened in connection with the requested use permit and resubdivision. Paul Ruffing, with Ficker Architects, 610 Newport Center Drive, appeared before the Commission on behalf of the applicant. He reviewed the project and advised of their intent to move the existing relocatable structure presently on Coast Highway in Corona del Mar to this location and make it a permanent facility. Staff advised that a revised resubdivision map had been received correctly showing the 16 foot strip of land owned by the City on the north side of the Page 8. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES 3 no rAlI ` m a w June 5. 1975 - " " "- - INUCA 14 foot alley which would be made a part of the 30 foot wide alley to be constructed. Mr. Steven Smith, Vice President and Cashier of Bank of Newport, appeared before the Commission and answered questions relative to use of the parking facility by others in the area during off -hours of the bank. Ernie Ball, owner of two lots immediately to the west of the project on 31st Street, appeared befor the Commission and questioned possible improvement of the remainder of the alley through to Villa Way. City Engineer Nolan advised that the remainder of the alley could be improved at this time through the short form assessment district procedure and the Public Works Department should be contacted in connection with this matter. There being no others desiring to appear and be heard, the public hearing was closed. . Following discussion of the parking and ingress and egress of this project as compared to that of the former proposal which was of a higher inten- Motion X sity, motion was made that the Planning Commission All Ayes make the following findings in connection with Use Permit No. 1756: 1. The proposed development does not conflict with the General Plan, and is compatible with surrounding land uses. 2. Adequate offstreet parking spaces are being provided for the proposed development. 3. Adequate provisions for traffic circulation are being made for the drive -in teller facility. 4. The required offstreet parking spaces for the Bank of Newport on a separate lot from the building site is justifiable for the following reasons: (a) The parking lot is directly across a 30 foot wide alley from the main building site; • (b) The proposed development will not create undue traffic hazards in the surrounding area; and Page 9. COMMISSIONERS CITY OF NEWPORT BEACH T A i elk rAlI n1 F June 5, 1975 MINUTES ,nucn (c) The site is owned by the applicant and will be maintained as an offstreet park- ing lot for the duration of the bank use on the adjacent building site. 5. That the establishment, maintenance or opera- tion of the use of the property or building will not, under the circumstances of the par- ticular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighbor- hood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the Cit and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 6. The approval of Use Permit No. 1756 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be • detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1756, including the modification to allow the subject bank building to encroach to within one foot of a rear property lin adjacent to a 30 -foot wide alley (where the Ordin- ance requires a minimum 10 -foot rear yard setback in the C -O -Z District when abutting an alley), and to allow the construction of a 44 foot high flag pole, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. That an offsite parking agreement shall be approved by the City Council, guaranteeing tha a minimum of 16 parking spaces shall be pro- vided on the adjoining site for the duration of the bank use on the property in question. 3. That all signs shall be approved by the Director of Community Development. Convenienc signs such as "entrance," "exit," or "drive - • through teller" shall have a maximum area of 6 sq. ft. Said convenience signs and the proposed flag pole shall not include the name or logo of the bank use. Page 10. COMMISSIONERS CITY OF NEWPORT BEACH MZ T F Z A P w Me rs„ m June 5, 1975 MINUTES 4. That a landscape plan shall be submitted to and approved by the Director of Parks, Beaches and Recreation. Said landscaping shall be implemented in accordance with the approved plan, and the landscaping shall be permanently maintained. 5. That all mechanical equipment and trash areas shall be screened from the 30 foot wide alley and from adjacent streets. 6. That all conditions of approval of Resubdivisi n No. 491 shall be fulfilled. Motion X Motion was made that Planning Commission make the All Ayes following findings in connection with Resubdivisio No. 491: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed . 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. 5. That the design of the subdivision or the proposed improvements are not likely to cause. substantial environmental damage or substan- tially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed 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. 8. That the discharge of waste from the proposed • subdivision will not result in or add to any violation of existing requirements prescribed Page 11. COMMISSIONERS CITY OF NEWPORT BEACH D T D rt� (1 p m r T r T F 3 R� cau DG1 '^ T A N June 5, 1975 MINUTES r mvow by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. and approve Resubdivision No. 491, subject to the following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department, except as otherwise modified in specific conditions of approval. 3. That the right -of -way of 32nd Street be widene by 16 feet, and the right -of -way of Lafayette Avenue be widened by 36 feet; with corner cut- offs at 32nd Street having a radius of 40 feet and at 31st Street having a radius of 75 feet. 4. That the developer dedicate to the City 50% of the additional right -of -way required for street widening, as a condition of development • and that the City acquire, at fair market valu as determined by the City Council, the remain- ing right -of -way required for street widening. 5. That an appropriate section of right -of -way be dedicated for alley purposes so that the proposed access connection to Lafayette Avenue will serve as an alley approach. 6. That the developer be responsible for all alley improvements for the entire 30 -foot width. Raised curbs for planter areas and all landscaping shall be kept clear of the alley. 7. That the developer be responsible for construc- tion of sidewalks and street lighting on 32nd Street, Lafayette Avenue and 31st Street. 8. That the City be responsible for pavement widening and curb on 32nd Street. (Curb and pavement are existing.) 9. That the developer be responsible for curb on Lafayette and on 31st Street. 10. That the City be responsible for pavement widening on Lafayette. 11. That a subdivision agreement and bonds be Page 12. COMMISSIONERS CITY OF NEWPORT BEACH P 7 RM CALL r] Dion MINUTES Zinc r. 107G u,nev , nwcn provided if it is desired to obtain a building permit or record the parcel map before the public improvements have been satisfactorily constructed. Item #5 Request to install a 100 foot high ± flag pole on FLAGPOLE the Los Angeles Federal Savings and Loan site in the 26/35 Foot Height Limitation District. APPROVED CONDI- Location: The northwesterly corner of Newport TINALLY Boulevard and 32nd Street, located at 3201 Newport Boulevard in Central Newport. Zone: C -1 Applicant: Los Angeles Federal Savings and Loan Association, Los Angeles Owner: Same as Applicant Jack Bailey, 1815 Bayadere Terrace, Corona del Mar, Chairman of the Board of Directors and Chief Executive Officer, Los Angeles Federal Savings and Loan Association, appeared before the Commis- sion and concurred with all the recommendations of the staff except as to the height limit.of 50 feet. He requested that consideration be given to at least a height of 75 or 80 feet which would be more in proportion to the height of the build- ing and create the illusion that the pole was a -part of the building. He also felt that the palm trees would block the view of the flag if the pole were only 50 feet high and that the 50 foot height would be only slightly higher than some of the free - standing signs in the area. He advised that the pole had already been purchased, consisting of five 20 foot sections, and requested that at least 80 feet be approved through the Bi- Centennial celebration, after which the pole could be removed upon 30 days notice from the City. Planning Commission discussed the various flagpole and their heights which have been constructed . throughout the City. X Following discussion, motion was made to approve construction of the flagpole, subject to the following conditions: 1. That development shall be in substantial Page 13. COMMISSIONERS CITY OF NEWPORT BEACH T ; A p � ACALL ¢ Motion Ayes Noes Ayes Noes 0 • MINUTES June 5. 1975 mveA conformance with the approved plot plan. 2. That the flagpole shall not exceed a height of 50 feet above grade. 3. No flags that include the name or logo of the applicant shall be permitted on the flagpole. Some of the Commissioners felt that under the X X X.X X X X X circumstances related by the applicant, a higher pole maybe in line, therefore, the original motion was amended to allow a 75 foot high flag - pole. Motion failed. X X X X X X X The original motion was then voted on and carried. Item #6 VARIANCE Request to permit the construction of a room addition and interior alterations to an existing duplex which exceeds the permitted floor area in the R -1.5 District. The duplex also has a non- conforming rear yard setback of 2 feet 6 inches (where the Ordinance now requires a 5 foot rear yard setback when abutting a 15 foot wide alley) and a nonconforming two car garage with an inside depth of 19 feet 8 inches ± (where the Ordinance NO. 1047 APPROVED CONDI- TTONCCLY requires a garage depth of 20 feet). Location: Lot 17, Block 13, Section 3, Balboa Island, located at 709 North Bay Front, on the southerly side of North Bay Front between Ruby Avenue and Diamond Avenue, on Balboa Island. Zone: R -1.5 Applicant: C. W. Comegys, Jr., Los Angeles Owner: Same as Applicant Staff distributed two letters in opposition to the request received from the Balboa Island Improvemen Association and Ethel W. Doss. Public hearing was opened in connection with this matter. Bill Comegys, applicant, appeared before the Commission and presented photographs of the subject property and surrounding area for review. He Page 14. COMMISSIONERS CITY OF NEWPORT BEACH YC �^ m o� Feu M m N June 5. 1975 MINUTES advised that the house was originally constructed over 40 years ago and has gone through many change since that time, resulting in many bedrooms, a small kitchen and no dining room. Since he intend to make this his permanent residence, he would like to eliminate some of the bedrooms, remodel the kitchen to provide for more light and a dining are , and modernize the interior in order to increase the livability of the house. He felt there would be no adverse effect on the public as the changes would be to the inside and an interior court and would not be seen by the public. He presented a petition with 36 signatures in favor of the reques . Ray Solmi of R. C. Soimi Associates, architect, appeared before the Commission to comment further and felt that the intent of the ordinance was not to restrict design refinement, but to control abuse of impact and density on the community. He reviewed the floor plan in detail and answered questions of the Commission regarding the remodel- ing. • Bill Hardesty, Realtor, 503 Park Avenue, Balboa Island, appeared before the Commission in favor of the request and felt the small addition was the only way possible to permit light into the central downstairs living and kitchen area. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the request at Motion X length. Following discussion, motion was made All Ayes that Planning Commission make the following.find- ings: 1. That there are exceptional or extraordinary circumstances applying to the building refer- red to in the application, which circumstances or conditions do not apply generally to build- ings in the same district in that the interior court yard provides room to expand without encroachment into the required setbacks. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applican • in that the building as it exists was develop- ed prior to the adoption of the R -1.5 standard . Consequently, the existing dwelling has been designed sequentially and lacks the light and air on the interior which the proposed expan- sion will provide. Page 15. COMMISSIONERS CITY OF NEWPORT BEACH n m � p oo rep, < m p N .111nn r_ 1 Q7r MINUTES INDEX 3. That the proposed expansion is the minimum improvement which could be provided and 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 appli- cant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. 4. That the proposed addition will be in 'the interior court yard and will not affect the nonconforming 2'6" alley setback. 5. That the existing nonconforming two -car garage has sufficient inside depth to accommodate the parking of automobiles on site. 6. That the establishment, maintenance or opera- tion of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, • safety, peace, comfort and general welfare of persons residing or working in the neigh- borhood of such proposed use or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifica- tion is consistent with the legislative intent of Title 20 of the Municipal Code. and grant the modification for the alley setback and depth of the garage, and approve Variance No. 1047, subject to the following condition: 1. That development shall be in substantial conformance with the plot plans and elevations as approved. Planning Commission recessed at 9:10 P.M. and reconvened at 9:20 P.M. • Page 16. COMMISSIONERS CITY OF NEWPORT BEACH c+^' i m'r m i n T r T � T RIP CALL LJ • MINUTES June S. 1975 IN Vtx Item °7 Request to permit the construction of a single VARIANCE family dwelling which does not meet the open NO. 1048 space option requirement in the R -1 District. APPROVED Location: Lot 14, Block D, Tract 518, located at 2054 East Ocean Front, on the northerly side of East Ocean Front between "L" Street and "M" Street on Peninsula Point. Zone: R -1 Applicant: John D. Lusk & Son, Newport Beach Owner: Mr. Chester E. Holifield, Montibello Public hearing was opened in connection with this matter. William D. Lusk, President of John D. Lusk & Son, appeared before the Commission on behalf of the property owner. He disagreed with the staff report as he felt that since the property was adjacent to the mass of the beach, additional area should not be required on small lots for.more open space. He also felt that the intent of the ordin- ance was to block the construction of solid, two - story structures with no relief, which would be harsh and insensitive to surrounding areas. He reviewed the plans and elevations with the Commis- sion and pointed out that the requested 12'6" set- back would have to be increased to 16 feet in order to comply with the open space requirement, while all other homes maintain only a 10 foot setback. Joan Ward, 1595 East Ocean Front, appeared before the Commission in favor of the request and felt that the house was in line because of its design and low front profile and would be an improvement to the neighborhood. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the ability to compl with the open space requirement on new constructio as opposed to remodeling an existing structure and the additional setback which would be required to comply in this case. Page 17. COMMISSIONERS . CITY OF NEWPORT BEACH m T D A Rik CALLr Motion All Ayes 0 • MINUTES June 5, 1975 iuncv X Following discussion, motion was made that Plannin Commission make the following findings: 1. That there are exceptional or extraordinary circumstances applying to the land referred to in the application which circumstances or conditions do not apply generally to land in the same district in that the surrounding properties were developed prior to the adoption of the residential development standards. 2. That the granting of the application is neces- sary for the preservation and enjoyment of substantial property rights of the applicant in that the proposed dwelling of 2,700 sq. ft. is a small portion of the allowable buildable area and anything less would be an imposition upon the right of the applicant. 3. That the proposed dwelling will not set any further forward on the lot than adjoining dwellings on the ocean front and therefore the granting of this 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 appli- cant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. and approve Variance No. 1048. In discussing the motion, Planning Commission felt there was a need to review the open space require- ments as they pertain to certain properties and requested that the matter be reviewed at a future study session. Item #8 Request to establish one lot where three lots now TENTATIVE exist so as to permit the construction of a six MAP unit residential condominium development on the TRACT property. 8930 Location: Lots 16, 17, and 18, Block 218, APPROVED Section B, Newport Beach, located CONDi— at 1800 -1804 Vilelle Place and TIONALLY 1801 -1805 West Bay Avenue, on the westerly side of 18th Street bet- Page 18. COMMISSIONERS CITY OF NEWPORT BEACH T y 1 ro m /t T T = T D P A I ➢� t m p N June 5_ 1975 MINUTES ween West Bay Avenue and Vilelle Place on the Balboa Peninsula. Zone: R -4 Applicant: 1801 Limited, a Limited Partnership Tustin Owner: Same as Applicant Engineer: Frank Spangler Associates, Inc., Newport Beach Staff advised that the structures to be removed consist of 7 units and a hamburger stand. Public hearing was opened in connection with this matter. Ralph Secketa, 117 - 15th Street, Newport Beach, applicant, appeared before the Commission and concurred with the staff report and recommendation . • Harry Dalby, 1807 W. Bay Avenue, appeared before the Commission and questioned the difference bet- ween setbacks for one lot as compared to three, lots. Following an explanation by the staff, he advised he had no objections to the request. 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 All Ayes following findings: 1. That the proposed map is consistent with appli cable general and specific plans. 2. That the design or improvement of the proposed 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. 5. That the design of the subdivision or the pro- • posed improvements are not likely to cause substantial environmental damage or substan- tially and avoidably injure fish or wildlife or their habitat. Page 19. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Q� rAlI T P P June 5, 1975 INDEX 6. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the pro- posed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 8. 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 recommend to the City Council that Tentative Map Tract No. 8930 be approved, subject to the following conditions: 1. That all public improvements be constructed as required by ordinance and the Public Works • Department. 2. That the public improvements to be constructed along West Bay Avenue include: a. Removal of two sections of depressed curb and replacement with standard curb. b. Construction of full parkway width P.C.C. sidewalk. 3. That the public improvements to be constructed along 18th Street include: a. Construction of standard P.C.C. sidewalk to replace the segment of existing brick walkway. b. Removal and replacement of existing broken and heaved sidewalk. c. Construction of a curb return at the intersection with Vilelle Place, including the relocation of an existing telephone pole. • 4. That a ten -foot radius corner cut -off be dedicated for street purposes at 18th Street and West Bay Avenue. Page 20. COMMISSIONERS 1. T y A CALL • • CITY OF NEWPORT BEACH MINUTES June 5; 1975 5. That the boundary of the final map be checked by the County Surveyor before being submitted to the City for approval. 6. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived. 7. That there shall be submitted a declaration of Covenants, Conditions and Restrictions govern-, ing the maintenance and operation of the condominium acceptable to the Director of Community Development and the City Attorney. 8. That prior to the issuance of building permits a sub - surface investigation of the site shall be performed to determine if the proposed excavation will penetrate below the water table. If necessary, the applicant shall submit a detailed program for any dewatering operation to the City and to the Regional Water Quality Control Board. Item #9 Request to amend portions of Districting Maps Nos. AMENDMENT 18, 19 and 20 to establish an increase in the NO. 446 required rear yard setbacks on properties abutting Buck Gully located on Poppy Avenue, Hazel Drive, CONT. TO Isabella Terrace, Mendoza Terrace, De Sola Terrace JULY 17 Cabrillo Terrace, Cortes Circle, Columbus Circle, and Evening Canyon Road; and amend Section 20.12. 060 (C.) of the Municipal Code having to do with rear yards in the R -1 Zone District. Initiated by: The City of Newport Beach Community Development Director Hogan reviewed the proposal and intent to designate Buck Gully as public open space as indicated in the General Plan and the means by which this could be accomplished through the establishment of rear yard setbacks. He pointed out that the purpose of the public hearing was to allow for imput from the public and the proposal as outlined was in no way conclusive. Alternate actions to the proposal which could be taken by the Planning Commission were also review- ed as well as the background information which led to the initiation of the proposed amendment. Public hearing was opened in connection with this matter. Jim Shindler, 409 Cabrillo, appeared before the Page 21. COMMISSIONERS CITY OF NEWPORT BEACH >� ^' T! F T 7 � C � v as rwu f" N June 5. 1975 MINUTES INDEX Commission and concurred with the objectives of the request, however, he could not understand why his entire home was included within the open space designation and felt that a line conforming with the natural contour of the gully, rather than from the street, would be more appropriate. Staff agreed that none of the existing houses should be included in the open space designation and advised that the line could be adjusted in such a way as to eliminate this problem. Per Trebler, President of the Shorecliffs Associa- tion, appeared before the Commission and question - ed the need for an amendment because of the presen restrictions which must be met prior to any con - struction or alterations. He presented copies of " Shorecliffs" C.C.& R.s and pointed out the por- tions which accomplish the same results as the pro posed amendment, i.e., the preservation of views a d open space. Under the circumstances he felt that the proposed amendment should be denied, however, as an alternative, he requested that the amendment • be continued to allow for further communication with citizens who are not represented by an assoc- iation. He also suggested that if the same type of designation was anticipated for the Morning Canyon Area, that the matter be continued and both canyons be considered simultaneously. Nigel Bailey, President of the Corona Highlands Association, appeared before the Commission and requested that before a precedent was established by this amendment, that the matter be continued and that Morning Canyon be considered at the same time as Buck Gully. He also felt that the setback line could be moved further into the canyon withou adverse effects. Dr. John Wehrly, Tustin, appeared before the Commission and advised that he was the owner of Lots 71 and 72, Block A, located at the bottom of Buck Gully, and objected to the open space designation. Planning Commission discussed Mr. Wehrly's pro- perty and whether or not the dedicated street would be improved in the future. City Engineer Nolan advised that the street would be difficult . to improve because of the topography of the land and also that the property would be subject to flooding. Page 22. COMMISSIONERS CITY OF NEWPORT BEACH Y� T y T q m r• m m T T 9 i 07Ti, e`el, �T A p N .1ilnc r. 1070 MINUTES IMME^ Roger Hardacre, 306 Hazel Drive, appeared before the Commission and voiced concern with the poten- tial loss of certain property rights by reason of the proposed amendment and felt that a continuance would be beneficial to those property owners who were not represented by an association, as this would permit the opportunity for some organization. Murton Willson, 336 Poppy, questioned future improvements to Glen Drive or any improvements through the gully. Staff advised they did not know of any public improvements intended for the street or through the gully and the only purpose of the proposed amendment was to limit constructio within the open space area. Planning Commission discussed trail systems in the area and reviewed the section of the General Plan as it pertained to trails within Buck Gully. Bob Schaller, 265 Evening Canyon Road, questioned whether there were any proposed plans for Buck Gully to become a City owned park and voiced . concern with rumors in this connection. Bernard Berg, 532 Hazel Drive, concurred with the intent to preserve the gully, however, he objected to any construction of trails which would encourag any type of traffic through the canyon as this is private property and should be given the same consideration as other private property. Bryant Marston, 620 Poppy Avenue and 709 Poppy Avenue, requested clarification of the effect of the proposed amendment on h.is property and whether or not the existing development could remain if further improvements were constructed. Dickson Shafer, 232 Evening Canyon Road appeared before the Commission on behalf of his neighbor, Torrey Webb, 225 Evening Canyon Road, who felt that the proposed action was inverse condemnation and would like to have the City either buy the property which could not be used or have.it removed from the tax rolls. Harold Shillock, 242 Evening Canyon Road, appeared before the Commission and advised that more study • should be made and a topographical map prepared before this matter was given any further consider- ation because of the problem of flooding. Page 23. 1. COMMISSIONERS CITY OF NEWPORT BEACH m v MIL CALL E Motion All Ayes r� L Motion All Ayes MINUTES JIl11P ;_ IQ %ri _.. _ _ . _ . _ INUCA Norman Tillner, 324 Hazel Drive, felt that constru - tion of a trail through the canyon would be more damaging than any construction which could be done on the individual lots. Paul Pritchard, 220 Evening Canyon Road, commented on a similar situation with Fern Dell on Western Avenue in Los Angeles and the transformation which has occured. Phil Lansdale, 242 Hazel Drive, appeared before the Commission in favor of the proposal. Mrs. Berg, 532 Hazel Drive, voiced concern with people trespassing on private property through the canyon and the possibility of being excluded from any plans because they were not represented by an association. Staff advised of their willingness to cooperate with the various associations and individual property owners in any way possible regarding the proposed amendment. Planning Commission requested that a map be pre- pared indicating City property, public easements, boundaries governed by the various C.C.& R.s, if possible, and requested that the City Attorney prepare a legal opinion relative to inverse con- demnation as well as the effect of the proposed amendment on landlocked property at the bottom of the canyon. X Following discussion, motion was made to continue the public hearing to the meeting of July 17, 1975. Item #10 Request to consider amending Section 20.02.090 of AMENDMEN the Newport Beach Municipal Code pertaining to the NO. 445 definition of "building site." APPROVED Initiated by: The City of Newport Beach Planning Commission discussed the intent and purpose of the proposed amendment. Public hearing was opened in connection with this matter and there being no one desiring to appear and be heard, the public hearing was closed. X Motion was made recommending to the City Council that Amendment No. 445 be approved. Page 24. ,, COMMISSIONERS CITY OF NEWPORT BEACH CALL Motion All Ayes 0 Motion Ayes Absent 0 MINUTES June 5, 1975 �nve�c Item #11 Review of City's Capital Improvement Budget for Conformity with the General Plan. APPROVED X Motion was made to approve the City's Capital Improvement Budget as being in conformity with the General Plan. Item #12 Request to permit the construction of seven USE attached single family dwellings with related PERMIT parking and landscape areas and the acceptance of an environmental document. N0. 1729 WITHDRAWN Location: Lot 83, Tract 6230, located at 2330 Vista del Playa, on the north- easterly side of proposed Vista del Playa, westerly of Vista del Oro in "The Bluffs." Zone: R -3 -13 P.R.D. and R -4 -B -2 P.R.D. Applicant: IDH, a Joint Venture, Costa Mesa Owner: The Irvine Company, Newport Beach X X X X X X At the request of the applicant and owner, this matter was withdrawn from the agenda. X Item #13 Request to subdivide 1.11 acres into seven number- TENTATIVE ed lots for attached single - family residential MAP development, one numbered lot to be developed as a landscaped area and one lettered lot to be TRTCT 86$G- developed as a private street, private driveways and guest parking spaces. WITHDRAWN Location: Lot 83, Tract 6230, located at 2330 Vista del Playa, on the northeast- erly side of proposed Vista del Playa, westerly of Vista del Oro in "The Bluffs." Zone: R -3 -B P.R.D. and R -4 -B -2 P.R.D. Applicant: IDH, a Joint Venture, Costa Mesa Owner: The Irvine Company, Newport Beach Page 25. COMMISSIONERS CITY OF NEWPORT BEACH m er PA11 T June S. 1975 MINUTES Engineer: Valley Consultants, Inc., Huntington Beach Motion X At the request of the applicant and owner, this Ayes X X X X X matter was withdrawn from the agenda. Absent X ADDITIONAL BUSINESS: Hall Seely was appointed as liaison member and Jacqueline Heather as alternate liaison member to the Community Development Citizen's Advisory Com- mittee. Motion X Planning Commission adopted Resolution No. 918, All Ayes setting a public hearing for July 3, 1975, to consider an amendment to Title 20 of the Newport Beach Municipal Code by adding Section 20.08.290 to require a use permit for new development within .areas designated for a Specific Area Plan by the General Plan for which a Specific Area Plan has • not been adopted. Planning Commission discussed items which they desired to be placed on the agenda for the June 23, 1975, joint meeting with the City Council. There being no further business, Planning Commis- sion adjourned the meeting. Time: 12:00 idnight JAMES I ARKER, Secretary Planning Commission City of Newport Beach Page 26.