HomeMy WebLinkAbout06/17/1976c e COMMISSIONERS
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ROLL CALL 2
Present
Absent
Motion
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CITY OF NEWPORT BEACH
Regular Planning Commission Meeting
Place: City Council Chambers
Time: 7:00 P.M.
Date: June 17, 1976
MINUTES
INDEX
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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
Shirley Harbeck, Secretary
x
Minutes of the Regular Meeting of May 20, 1976,
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X
X
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were approved as written.
X
x
Minutes of the Regular Meeting of June 3, 1976,
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X
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were approved as written. Commissioners Agee and
x
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Frederickson abstained as they were absent from
X
the meeting.
Item #1
Request to permit the installation of a.34 foot
FLAG POL
high flag pole on the Newport Marina Apartment,
site in the 28/32 Foot Height.Limitation District.
APPROVED
Location: Parcels 1 and 2 of Parcel Map 59 -39
(Resubdivision No. 396) located at
919 Bayside Drive on the southerly
side of Bayside Drive between the
Promontory Bay Channel and The Cove"
Zone: R -3
Applicant: McLain Realty & Development, Inc.,
Newport Beach
Owner: The Irvine Company, Newport Beach
John Shoemaker, 1338 Antigua Way, appeared before
the Commission in connection with this matter.
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Motion
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Absent
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X
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Motion was made that Planning Commission approve
the request for the flag pole, subject to the
X
following conditions:
1. That development be in substantial conformance .
with the plans as submitted.
Item #2
Request to establish one building site and elimi-
nate interior lot lines where three lots and an
abandoned alley now exist so as to permit the
construction of additional storage and kitchen
space for the Five Crowns Restaurant.
RESUB-
DIVISION
Fr. 3
APPROVED
CONDI-
Location: Lots 1, 2, and 3, Block A of Tract
TIONALLY
673, located at 3801 East Coast
Highway on the southeast corner of
East Coast Highway and Poppy Street
in Corona del Mar.
Zone: C -1- and C -1 -H
Applicant: George R. Stephenson, Santa Ana
Owner: Van -Frank Investments, Inc.,
Los Angeles
Copies of two letters were distributed to the
Commission which were received subsequent to the
staff report.
Community Development Director Hogan advised that
although there were no problems with the resub-
division and approval was recommended by the staff
there were concerns in connection with the pro-
posed redevelopment and interpretation of the Code
relative to offstreet parking. He reviewed the
proposed redevelopment and advised that due to.the
fact that the building was being expanded in
excess of 10 %, the Planning Commission should
determine and instruct the applicant as to which
of the following would be the determining factor
or procedure to follow in connection with
required parking:
1. A determination be made by the Commission that
the gross area of the building was that area
being used for dining purposes only and con -
sequently the parking would not be affected.
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2. That the restaurant should meet its entire
needs for parking based on the range of 1 space
per 30 square feet to 1 space per 50 square
feet of net public area as required by the
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current restaurant parking standards.
3. That the applicant file for a use permit and
request a waiver of any additional parking
which may be required based on the fact that
there would be no enlargement of.the dining
area.
Public hearing was opened in connection with this
matter.
George R. Stephenson, 1326 South Martin Street,
Santa Ana, Land Surveyor, appeared before the
Commission on behalf of the owner and concurred
with the staff report and recommendations. He
advised that the proposed remodeling would be to
the kitchen and office space only and that the
dining area would not be increased.
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Roger Morin, 327 Poppy, appeared before the
Commission voicing concern and questioning the
matter of parking since employees park along the
residential streets and do not use the parking,
lot; how and when the alley was abandoned; how
the cottage fits in with the proposed remodeling
and the provision for delivery trucks to unload
without blocking the streets; and proposed a site
inspection with the Commission in order to point
out the problems being encountered by the residents.
Community Development Director Hogan advised that
the resubdivision request was not related to the
parking problem. However, in response to Mr. Morin's
questions, he advised that the new parking stand-
ards for restaurants was designed to meet the
entire needs of a restaurant which included both
employee and patron parking.
City Engineer Nolan commented on the abandonment
of the alley which took place many years ago; the
reason for the abandment was not clear. However,
the procedure would have required a public hearing
by the City Council and upon reviewing the evidence,
.
made the determination, by Resolution, to abandon
the alley.
Staff also advised that the cottage and the property
on which it is located was not a part of this
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resubdivision nor a part of the proposed remodel-
ing.
At this point, staff thoroughly reviewed the plans
which were submitted in connection with the pro-
!
posed remodeling and it was pointed out that the
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square footage would be increased by approximately
35 %. The service and delivery area was also
reviewed as to location and functionability.
Mr. Morin appeared before the Commission and voiced
concern with the proposed arrangement for deliver -
ies as he doubted the adequacy and usability of
the proposed area and felt that existing problems
would be compounded, especially as to noise and
vehicles blocking the street.
Planning Commission discussed parking requirements,
loading zone requirements, and noise regulations.
There being no others desiring to appear and be
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heard, the public hearing was closed.
Planning Commission discussed the possibility of
a continuance in order to ascertain whether or not
the intensity would be increased thereby requiring
additional parking. Staff pointed out that the
resubdivision request was not the proper tool to
obtain the information requested and the best way
to deal with the questions raised was to make the
determination that the enlargement of the building,
would be greater than 10% and therefore the entire
remodeling must be reviewed by the Planning Commis-
sion through the use permit procedure and the
parking be made to conform with the requirements
of the present ordinance and could no longer remain
in a nonconforming state; or that the property:
owner apply for a use permit under which a waiver
of the parking requirements could be requested.
Planning Commission discussed the findings and
were assured that those recommended in the staff
report pertained to the land only as required by
the Subdivision Map Act and had nothing to do
with the proposed building improvements. Assistant
City Attorney Coffin advised that he would prepare
a written opinion in this regard for the benefit
of clarification.
Planning Commission also determined that since the
proposed improvements consisted of more than 10%
of the existing building area, a use permit would
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have to be approved prior to the issuance of any
building permits.
Motion
X
Motion was made that Planning Commission make the
Ayes
X
X
X
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following findings:
Absent I
X
1. That the proposed map is consistent with appli-
cable general and specific plans.
i
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 will not cause substan-
tial environmental damage or substantially
and avoidably injure "fish or wildlife or their
habitat.
6. That the design of the subdivision or the
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
by a California Regional Water Quality Control
Board pursuant to Division 7 (commencing with
Section 1300) of the Water Code.
and approve Resubdivision No. 523, subject to the
following conditions:
1. That a parcel map be filed.
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2. That no building permits be issued for struc-
tures within the abandoned alley area until.
(a) the new 18" water main being constructed
by the City is in operation, and the existing
6" water line located in the public utility
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CITY OF NEWPORT BEACH
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easement can be eliminated from the system, and
(b) vacation and abandonment proceedings can be
completed for all or a portion of the public
utility easement which was reserved when the
alley was vacated and abandoned.
Item #3
Request to permit the installation of a 344 square
SIGN
foot "Bullock's Wilshire" wall sign where Chapter
EX
15.16 of the Newport Beach Municipal Code would
PEA7IT
NO. 7
allow 200 square feet.
Location: Lot 1 of Tract 6015, located at
APPROVE
83 Fashion Island in Newport Center.
CONDI-
TIONALL
Zone: C -O -H
Applicant: Welton Becket Associates, Los Angele
Owner: The Irvine Company, Newport Beach
Public hearing was opened in connection with this
matter.
Gene Jung, Hacienda Heights, appeared before the
Comm.ission on behalf of Welton Becket Associates,
The Irvine Company, and Bullock's Wilshire. He
concurred with the staff report and answered'
questions of the Commission relative to illumina-
tion of the sign.
There being no others desiring to appear and be
heard, the public hearing was closed.
X
Motion was made that Planning Commission approve
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Sign Exception Permit No. 7 and make the following
X
findings in connection therewith:
1. That the granting of this permit is necessary
to protect a substantial property right and
will not be contrary to the purpose of Chapter
15.16 of the Newport Beach Municipal Code.
2. That the granting of this permit will not be
materially detrimental to the health., safety,
comfort, or general welfare of persons residing
in the neighborhood, or detrimental or injuri-
ous to property or improvements in the neigh-
borhood, or to the general welfare of the City..
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An amendment to the Land Use Element and Residen-
tial 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."
Initiated by: The City of Newport Beach
Item #4
GENERAL
PLAN
AMENDMENT
76 -2 -B
pp ROVED
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.
Motion was made that Planning Commission, recommend
to the City Council the approval of an amendment to
the Land Use Element and Residential Growth Element
to change the designation of four lots at the south-
east corner of Dahlia.and Fifth Avenues in Corona
del Mar from "Retail and Service Commercial" to
"Two- Family Residential," but with the understand-
ing that the property remain within the Corona del
Mar Specific Area Plan boundaries so.that a "site
plan review" before the Planning Commission will
be required prior to issuance of a building permit.
Item #5
An amendment to the Land Use Element and Recrea-
GENERAL
tion and Open Space Element to add "Administrative,PLAN
Professional and Financial Commercial" and "Recrea
AT1ENDMENT
tional and Environmental'Open Space" as alternate
76 -2--A
uses, in addition to the "Recreational and Marine.
Commercial" designation, for the property at the
APPROVED
southeast corner of Bayside Drive and Marine
Avenue.
Initiated by: The City of Newport Beach
Following a brief review of the proposed amendment
the public hearing was opened.
Dave Neish, Manager, Planning Administration, The
Irvine Company, appeared before the Commission to
answer questions and requested that the Commission
reaffirm their previous recommendation to the City
Council.
There being no others desiring to appear and be
heard, the public hearing was closed.
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Motion
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CITY OF NEWPORT BEACH
MINUTES
June 17. 1976
INDEX
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Motion was made that Planning Commission recommend
to the City Council the acceptance of the negative
declaration and approve the amendment to the Land
Use Element and Recreation and Open Space Element
to add "Administrative, Professional and Financial
Commercial" and "Recreational and Environmental
j
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 and that the following
wording be added to Page 16 of the Land Use
Element:
"Any development of the property at the southeast
corner of Marine Avenue and Bayside`Drive should
assure that a view triangle, with its apex at the
intersection of Marine Avenue and Bayside Drive,
is maintained and that adequate public access
to the Bay is provided. The appearance of
structures shall be compatible with and not'.offen-
sive to, the surrounding area. In order to assure .
that these objectives will be reached, Planning
Commission approval of the development plans w ill
be required.. If necessary, the property will.be.
rezoned to accomplish the above."
X
X
X
X
X
X
Motion was made that Planning Commission adopt
Resolution No. 955 to reflect the actions taken
RESOLUTI
NO. 955
X
under Item #4 and Item #5 above.
Item #6
Consideration of Specific Area Plan No. 5 Mariners'AMENDMEN
Mile and adoption of Mariners' Mile Specific Plan
N0. 458
CONT. TO
District.
Initiated by: The City of Newport Beach ..
JULY 15
X
Planning Commission continued this matter to the
X
X
X
X
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meeting of July 15, 1976.
X
Item #7
Consideration of redesignating the southerly
portions of Lot C of Tract 919 to R -1 from C -1 -H.
AMENDMEP
NO. 459
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Motion
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Motion
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Motion
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Initiated by: The City of Newport Beach
ONT. TO
ULY 15
X
Planning Commission continued this matter to the
X
X
X
X
X
meeting of July 15, 1976.
X
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ADDITIONAL BUSINESS:
Planning Commission reviewed changes to a proposed
SEOCCS
letter regarding SEOCCS previously reviewed, said
changes would clarify the position.of the City of
Newport Beach.
X
Following review and discussion, motion was made
X
X
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X
X
that Planning Commission recommend to the City
X
Council that the proposed letter be forwarded to
the Orange County Board of Supervisors.
Planning Commission reviewed two additional
1ILLSIDE
policies and an amendment to an existing policy
EVELOP-
EN.T
in connection with Hillside Development Standards
as recommended by the Citizens Environmental
POLICIES
Quality Control Advisory Committee.
X
Following discussion and amendments to the proposed
X
X
X
X
X
policies, motion was made that Planning.Commission
X
recommend to the City Council that Policy No. 6-be
changed to read:
6. The proposed development should provide adequ-
ate-setbacks from steep slopes, canyons and
bluffs in order to prevent structures from
detracting from the vi.sual character of these
areas and in order to ensure the safety and
stability of these areas
and that two additional policies be ,adopted as
follows:
7. The proposed development and grading plan
should include specific provisions for the
control of all surface and subsurface drainage
from the site paying particular attention.to
the quality of water entering the Bay and
ocean.
8. The proposed development should strive to
retain the natural topography and should
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minimize successive pad.ding and terracing of
.building sites.
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minimize successive pad.ding and terracing of
.building sites.
Commissioner Frederickson requested and received
permission to be absent from the Planning Commis -
Sion meeting of July 15, 1976 and possibly the
meeting of July 1, 1976.
There being no further business, motion was made
to adjourn the meeting. Time: 9:05 P.M.
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" R. AN E - Officio Secretary
Plan
g Com ssion
y of Newport Beach
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