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HomeMy WebLinkAbout06/17/1976c e COMMISSIONERS y��m DyA m N ROLL CALL 2 Present Absent Motion Ayes Absent hfotion Ayes Abstain Absent CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. Date: June 17, 1976 MINUTES INDEX x x x x x X 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, X X X X X were approved as written. X x Minutes of the Regular Meeting of June 3, 1976, X X X were approved as written. Commissioners Agee and x X 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. Page 1. COMMISSIONERS CITY OF NEWPORT BEACH Dm x m a x e r x m < • < � P 'A MINUTES x m ILL csu i June 17, 1976 INDEX Motion Ayes Absent 0 • X X X X X X 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. Page 2. COMMISSIONERS CITY OF NEWPORT BEACH W X DT M r { p A MINUTES N ROLL CALL i June 17, 1976 INDEX 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 i 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. • 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 Page 3. COMMISSIONERS CITY OF NEWPORT BEACH' MINUTES x Qnu ceu i June 1.7, 1976 INDEX 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 i 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 • 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 Page 4. COMMISSIONERS 'RT BEACH 00 CITY OF NEWPO f "7. M r MINUTES" N ROLL CALL z June 17, 1976 INDEX 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 X X 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. • 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 Page 5. COMMISSIONERS • < � A A x N 0 Motion Ayes Absent 41 CITY OF NEWPORT BEACH MINUTES liana 17 107r INDEX Y 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 X X X X X 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.. Page 6. Y COMMISSIONERS 'n i b N CITY OF NEWPORT BEACH t • A A MINUTES %u rsll t June 17, 1976 INDEX • • j 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. Page 7. L J ROIL CA Motion Ayes Absent 0 COMMISSIONERS v� x Am >� x o a m a C) T x N i Motion Ayes Absent Motion Ayes Absent • CITY OF NEWPORT BEACH MINUTES June 17. 1976 INDEX X X X X X X X 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 X 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 Page 8._ COMMISSIONERS CITY OF NEWPORT BEACH x N ROLL CALL i June 17, 1976 Motion Ayes Absent Motion Ayes Absent 0 Motion Ayes Absent n U MINUTES INDEX 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 i 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 X 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 Page 9. CITY OF NEWPORT BEACH 1iinn 17 107f MINUTES COMMISSIONERS vm - - INDEX m a x x f minimize successive pad.ding and terracing of .building sites. N ROLL CAI CITY OF NEWPORT BEACH 1iinn 17 107f MINUTES - - INDEX 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. • " R. AN E - Officio Secretary Plan g Com ssion y of Newport Beach • Page 10.