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HomeMy WebLinkAbout06/16/1977COMMISSIONERS �F SG FF City. of Newport Beach • °��?s F�yF3F�� Regular Planning Commission Meeting Place: City Council Chambers �s Time: 7:00 P.M. °i Date: June 16, 1977 ROLL GALL Present Absent Motion s ent 0 x x X * x x X *Arrived 7:15 P.M. EX- OFFICIO MEMBERS R. V. Hogan, Commu Hugh Coffin, Assis Benjamin B. Nolan, STAFF MEMBERS William R. Laycock Tim Cowell, Advanc David Dmohowski, S Shirley Harbeck, S X Minutes of the Reg x x X X were approved as w x x Request to amend t approved take -out sons's Shopping Ce ing a closing time rant use where an required. Location: Lots del on t Aver and Zone: C -1- Applicants: Ni0 N16 Owner: E. P Public hearing wa! this matter. city Development Director Cant City Attorney City Engineer , Senior Planner e Planning Administrator enior Planner ecretary * * * ular Meeting of June 2, 1977, ritten. * * * MINUTES he hours of operation of an restaurant facility in Albert - nter. The applicant is request of 10:00 P.M. for said restau- 8:00 P.M. closing time is now 8 and 10, Block 436, Corona Mar, located at 420 Iris Avenue :he southeasterly side of Iris iue between East Coast Highway First Avenue in Corona del Mar. -H Fodera and John Costa, dba ;'s Pizza, Corona del Mar lorris Smith, Newport Beach opened in connection with Page 1. INORX Item #1 USE PERMIT 1761 ENDED APPROVED C N—DI -- I� ONALLY COMMISSIONERS 9pR 9C O�'f�'fpF'S.V'S� S�F City of Newport Beach June 16, 1977 POLL BALI Ben Jackson, Attorney, 660 Newport Center Drive, Suite 200, Newport Beach, appeared before the Commission on behalf of the applicants. He advised they have reviewed the staff report, but still wish to remain open until 10:00 P.M. since business is available to them after the hour of 8:00 P.M. He presented a petition with signatur obtained over the past two years in support of the additional hours of operation as well as signatures obtained from property owners on Iris Avenue within the past two weeks. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make V Ayes X X X X following findings: Absent X X X 1. That the existing use is consistent with thf Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact, provided that a closil hour of 9:00 P.M. is maintained for the existing take -out restaurant. facility. 3. The Police Department has indicated that thf do not contemplate any problems with the amended closing time of the restaurant use. 4. The approval of Use Permit No. 1761 (Amende4 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 or improvements in the neighbor• hood or the general welfare of the City. and approve Use Permit No. 1761 (Amended), subj to the following findings: 1. That the restaurant facility shall not be open for business prior to 7:00 A.M. or aft 10:00 P.M. 2. That all other applicable conditions of approval of the original Use Permit No. 176 shall be maintained. Page 2. MINUTES INOEx ,es Ig ,y ?c ar 0 • COMMISSIONERS 90� ®y� ao�T�ati�sG�saa City of Newport Beach MINUTES a�z June 16, 1977 ROLL CALL Request to estallish a Chinese Restaurant facili with on -sale beer and wine in a commercial build ing formerly occupied by Uncle Hubert's Royal Caboose Restaurant. The proposal also includes the paying of an annual fee to the City for a maximum of 15 parking spaces in a nearby Municip parking lot in lieu of providing parking on -site Location: Lot 10, Block 11 of Balboa Tract, located at 810 East Balboa Bouleve on the northerly side of East Balt Boulevard between Main Street and "A" Street on the Balboa Peninsula Zone: C -1 Applicant: Lam Cheong Kwong, Balboa Island • Owners: Mr. and Mrs. John Jeffery, West Covina Public hearing was opened in connection with th matter. Lam Chan appeared before the Commission on beha of the applicant in connection with this matter and concurred.with the staff report. Harry Fisher, owner of the property immediately behind the proposed restaurant, appeared before the Commission to inquire as to the type of operation being considered and voiced concern with the problem of noise and odors coming from the premises. Planning Commission discussed th proposed use and advised that conditions would imposed covering the concerns mentioned. Staff pointed out it was their understanding th the restaurant would be operated in the same manner as that of a similar restaurant presentl located on Balboa Island. Don Cots, owner of property at 331 Grand Canal, • appeared before the Commission and advised that if the new restaurant was operated the same as one on Balboa Island, he was in favor of it because they run a very clean and.orderly busin Page 3. INOex Item #2 ty USE PERMIT 1832 APPROVED al CONDI- TIONALLY rd oa !s If )e at Y th es ► t COMMISSIONERS 9 °� v� oq�s�F5o1G ;��F City of Newport Beach MINUTES June 16, 1977 ROLL GALL There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make th Ayes X X X X X following findings: Absent X X 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that the do not contemplate any problems. 4. The proposed restaurant facility will upgrad the area and will be an improvement over the past operations in the building. 5. The approval of Use Permit No. 1832 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persc residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the genE welfare of the City. and approve Use Permit No. 1832, subject to the following conditions: 1. That development shall be in substantial conformance with the approved, floor plan ar sign elevation, except as noted in Conditior No. 2. 2. Two exits from the dining room in the restar facility shall be provided as required by ti Uniform Building Code. 3. All trash or storage shall be located.withir the building or be shielded from view by si; foot high walls or fences. 4. That all mechanical roof -top equipment shat' be screened in a manner meeting the approva' of the Department of Community Development. Page 4. e, y e n ra fl irart e • INDEX 9 COMMISSIONERS City Of Newport Beach MINUTES • � 9C � Fp 1� � `` .1una 16_ 1977 ROLL CALL 5. All exterior lighting or other signs on the proposed restaurant shall be approved by the Director of Community Development. 6. That there shall be not less than 15 trans- ferable parking permits purchased from the City on an annual basis in the Municipal parking lot for the proposed development. Said requirement shall be waived at a later date if an offsite parking agreement for 15 parking spaces is approved by the Planning Commission and the City Council. 7. That no dancing or live entertainment shall be permitted in the restaurant facility unli an amendment to this application is approves by the Planning Commission. 8. That this approval shall be for a period of two years, and any extension shall be acted • upon by the Modifications Committee. Request to establish a restaurant facility with on -sale beer and wine in one of the new mall sh in Fashion Island. Location: A portion of Parcel No. 2, Parcel Map 75 -48 (Resubdivision No. 499) located at 89 Fashion Island in t new mall shops (under constructio of Fashion Island. Zone: C -O -H Applicants: Marjorie Simon and Marsha Sands, dba Bogey's Place, Los Angeles Owner: The Irvine Company, Newport Beach Public hearing was opened in connection with th matter. • Pete Edmond with The Irvine Company appeared before the Commission and concurred with the staff report and recommendations. There being no others desiring to appear and be heard, the public hearing was closed. Page 5. ?ss i he n) is INOBX. Item #3 USE PERMIT 1833 APPROVED CONDI- TI NALLY COMMISSIONERS City of Newport Beach MINUTES 1ptaC 3. Fo ya t,! 7C ys R,� ,y� Y� !. • June 16, 1977 ROLL CALL Motion X Motion was made that Planning Commission make th Ayes X X X X X following findings: Absent X X 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that the do not contemplate any problems. 4. Adequate offstreet parking spaces are being provided in the Fashion Island common parkin lot for the proposed restaurant facility. 5. The approval of Use Permit No. 1833 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of perso residing and working in the neighborhood or detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1833, subject to the following conditions: 1. That development shall be in substantial con formance with the approved floor plan. 2. That a minimum of one parking space for each 40 square feet of "net public area" in the restaurant facility shall be maintained in the common parking lot. 3. That all mechanical equipment, storage, and trash areas shall be screened from adjoininc commercial uses. Page 6. ns be m OEX • 0 COMMISSIONERS City of Newport Beach • 'S �g'�F.p C °z June 16, 1977 POLL CALL Request to consider amendments to Chapter 20.11 and Chapter 20.15 of the Newport Beach Municipal Code relating to development standards in the R- District. Initiated by: The City of Newport Beach Motion X Planning Commission continued this matter to the Ayes X X X X X meeting of August 18, 1977. Absent X X Request to consider proposed amendments to the Newport Beach General Plan. Public hearing was opened in connection with th' matter. The following discussion and actions were taken 77 -2 -A: A proposed amendment to the Land Use ai Residential Growth Elements to: a) change the definition of "buildable Acreage," b) create a new density category of "High- Density Residenti+ - greater than 10 dwelling units per acre," ani c) change the wording of the texts as appropria Staff discussed with the Planning Commission th effects of this amendment as far as the maps we concerned and changes to the maps as proposed b, this amendment were reviewed. Staff also revie; the various category definitions and pointed ou areas within the City which would apply to thos, definitions. In discussing the definitions of "Low, Medium., and High Density," Commissioner Agee felt it wo be less confusing to apply numbers to an area rather than words as he felt the word definitio • have lost their meaning over the years. Planning Commission discussed criteria for stan definitions and use of numbers by other jurisdi tions. Page 7. MINUTES 2 INOex Item Item #5 GENERAL PLAN M DMENT is 77 -2 id 177 -2 -A CONT. TO 11 OCT BER I GEN.PLAN SESS ON •e I ied , is dad C-1 COMMISSIONERS City of Newport Beach tp�f 'f• Fava3F June 16 , 1977 POLL GALL le 77 -2 -B d REVISIONS RECOM- MENDED • s. Don Cots appeared before the Commission to comment on the various densities within the City and felt that the existing definitions should remain. Commissioner Frederickson commented on the pro - posed amendment and felt that a numerical design tion would be more efficient and understandable and that a certain stigma was associated with th words "Low, Medium, and High Density." Commissioner Balalis concurred that a numerical designation should be proposed as he felt the present definitions were misleading. Commissioner Seely commented on the merits of tr proposal and did not feel the proposed definitic were objectionable. Development of a numerical classification or sore other means of designating residential areas on the General Plan was discussed. Motion X Following discussion, motion was made that this Ayes X X X X proposal be put off to the October General 'Plan Noes X Session and that in the meantime the staff look Absent X X into the possibility of including all residentii areas with a numerical designation and eliminate the use of the words "Low, Medium, and High. Density." Commissioner Heather voiced opposition to the. motion and felt that some decision should be mai rather than continuing to delay the matter. 77 -2 -B: A proposed amendment to the Land Use ar Residential Growth Elements resulting from the study of constraints on growth in terms of capacity of support systems directed by the Cit, Council on March 14, 1977. Staff reviewed major projects which have been approved, those on which building permits have been issued, and those which will be presented for consideration in the near future, all of which will.have an effect on the support system Page 8. MINUTES • INOH.X a- e e n ie is 1 le 77 -2 -B d REVISIONS RECOM- MENDED • s. COMMISSIONERS M 90F�t PO��p� y91G� @mom City of Newport Beach MINUTES June 16, 1977 ROLL CALL City Council Resolution pertaining to developmen in .Newport Center was reviewed and discussed. I discussing new development's effect on the traf system, it was pointed out that individual proje do not in themselves have a great impact on. the system but rather it is the cumulative effect of all projects together with the desires of people in other communities.to use the natural resource of the area over which the City has no control. Planning Commission discussed the advantages anc disadvantages of allowing further development . Within the City; phasing of development to be consistent with the development of the arterial system; conclusions and recommendations as expr( in the report from the Transportation Plan Citi: Advisory Committee; need for the computerized traffic model to be placed in operation; and possibility of the need to recommend that the City Council place a moratorium on major develol • ments within the City thereby delaying said developments until such time as the traffic model was operational.and the effects of the additional development could be evaluated. Motion X Following discussion, motion was made that the Ayes X X X X X Planning Commission recommend to the City Counc Absent X X that changes be made to the General Plan to specify that major land development shall be limited to and phased with the. capacity of the road system. The development of the road syste and requisite definite financing program should precede in time, or be simultaneous with, the property development that generates the traffic load. Road development must catch up with the land development that has already taken place. This will require intensified efforts to develo planned road facilities. 77 -2 -C: A proposed amendment to the Land Use a Residential Growth Plan to change the designati of property on the southeasterly side of West- minster Avenue, between Clay Street and 15th . Street, from "Medium- Density Residential" to "Two- Family Residential." Page 9. INOH.X t n fi c s sad en it n N n d 77 -2 -C on RECOMMEND AGAINST A56" ON COMMISSIONERS s City \0 y June 16 of Newport Beach 1977 ROLL CALL Herb Stricker, 3109 Clay, appeared before the Commission in opposition to the proposed amendme He also presented a letter signed by Marjorie an Ron Roman in opposition to the higher density. Don Cots, owner of property at 530 Westminster, 531 Westminster, 416 Westminster, and 3239 Broad Street, appeared before the Commission in favor of the proposed amendment as he felt the area was being built up and that both sides of the street should be zoned the same. He also pointe out the close proximity of the commercial area. John Allen, owner of property on Westminster, appeared before the Commission in opposition to the proposed amendment because he felt it would increase the traffic on Westminster and felt tha some areas of the City should remain single family. Mrs. Bullock, 546 Westminster, appeared before 1 Commission in favor of the proposed amendment. Evelyn Hart, 435 Redlands Avenue, appeared befog the Commission on behalf of the Newport Heights Homeowners Association, and advised they wished to keep the R -1 integrity of the master plan fog Newport Heights and that the change would alter the character of the neighborhood, therefore thl recommended no change be made. Herb Stricker and Don Cots appeared before the Commission to comment in rebuttal to their opposition. Motion X Motion was made that Planning Commission recomml Ayes X X X X X against the adoption of General Plan Amendment Absent X X 77 -2 -C. 77 -2 -D: A proposed amendment to the Land Use Plan and Residential Growth Plan to change the designation of the MWD Reservoir site.and adjac property in the Spyglass Hill Area deleting the "Governmental, Educational and Institutional Facilities" designation, and rearranging the "Recreational and Environmental Open Space" and "Residential" designations. Page 10. MINUTES INOEX n t. d t he • e �y Ana 77 -2 -D �n t CONT. TO J ULY-7— COMMISSIONERS (� Ys F•,p. 1� 3� t 2 City of Newport Beach June 16, 1977 POLL CALL The MWD's intent to proceed with the abandonment of the reservoir was discussed. Mike Mohler, Project Manager for Th,e Irvine Company and Irvine - Pacific, appeared before the Commission to comment on the proposed amendment and the abandonment of the reservoir. He advise of their desire to develop a comprehensive plan which could be followed in a logical manner rather than be left with a residual parcel due to the abandonment of the reservoir. He request that consideration be given to allowing 4.0 dwelling units per gross acre in order to suppor the feasibility of development and also in view of the additional park land being offered. Staff and Planning Commission reviewed and discussed the proposed amendment and its relatic ship with the existing land use designation. They also discussed development of the site und< . both the existing and the proposed designations. In discussing this amendment, Planning Commissic felt that more information may be needed, such 1 aerial photos, topographical information, etc. before a decision was made on this proposal, especially in view of previous hearings and planning which went into the original designatil as well as the lack of specific information to justify the boundary of the designations as proposed. Planning Commission held a lengthy discussion a: to how specific the additional information shou be, constraints and urgency of the matter, and whether the request should be continued to the October General Plan Session or whether the information could be assembled for presentation at the next meeting. Motion X Motion was made that this matter be continued t the meeting of July 7, 1977, pending receipt of additional information as previously discussed. Motion X Substitute motion was made to continue this X X matter to the October General Plan Session in Is s X X X order to allow more time for a thorough review Absent X X by all concerned. Motion failed. Ayes X X X The original motion to continue this matter to Noes X X the meeting of July 7, 1977, was then voted on Absent X X and carried. Page 11. MINUTES ed in- kr In is >n Id irooex COMMISSIONERS ~ City of Newport Beach MINUTES June 16. 1977 POLL CALL . 77 -2 -E: A proposed amendment to the Recreation and Open Space Element to: a) reflect the increa< in park dedication requirements from two to five acres per thousand population (resulting from th City Council's adoption of the "Atherton Initia- tive Ordinance" on April 25, 1977), b) update t number and acreages of existing public parks, an c) delete reference to excise tax dollar amounts Motion X Motion was made that Planning Commission recomme Ayes. X X X X X to the City Council adoption of General Plan Absent X X Amendment No. 77 -2 -E as proposed. Motion X Motion was made to continue the final action on Ayes X X X X X General Plan Amendment 77 -2 to the meeting of Absent X X July 7, 1977. ADDITIONAL BUSINESS: Motion X Planning Commission adopted Resolution No. 991, Ayes Y X Y X Y finding that the Jamboree Road -San Diego Creek Absent Y Bicycle Trail Project is in full conformance wii the City of Newport Beach General Plan. Motion X Planni.ng Commission adopted Resolution No. 99.2, Ayes X X X X X setting a public hearing for July 21, 1977, to Absent X X identify coastal planning issues which must be addressed in developing a Local Coastal Program for the City of Newport Beach. Motion X Motion was made that Planning Commission recomml to the City Council that a moratorium be placed on major land developments until such time as tl computer model becomes operational and a phased plan is developed that would allow the transpor• tation system to catch up to the pace of develol ment within the City. Commissioner Heather opposed the motion as she felt there was not enough information to make that definitive and far - reaching proposal at th time. Page 12. INOrX 177"2-E e RECOMMENI e APP' REAL he d nd , h !nd ie r- • is COMMISSIONERS • ROLL GALL Ayes Noes Absent Motion Ayes Absent 0 9 City of Newport Beach June 16, 1977 Commissioner Frederickson opposed the motion because of the lack of public notice. Planning Commission requested that a list of building development be forwarded to the City Council in support of the recommendation for the moratorium. MINUTES Following discussion, the motion was voted on and carried. Commissioner Agee requested and received permission to be absent from the meetings of July 7, and July 21, 1977. There being no further business, the meeting adjourned. Time: 11:45 P.M. 1 -N BILL AGEE, Secre ry Planning Commission City of Newport Beach Page 13. INDEX