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HomeMy WebLinkAbout06/21/1973COMMISSIONERS D T Gr 2 % A T(�D NDD O < en Z Z Z P A *6LL .CALL Present Motion Ayes Absent C� Motion Ayes Absent CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:30 P.M. na +e. i ne 91 1071 MINUTES X X X X X X Commissioner Beckley arrived at 8:30 P.M. EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director David R. Baade, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS William R. Laycock, Senior Planner William R. Foley, Senior Planner Rodney L: Gunn, Advance Planning Administrator Shirley Morgan X Minutes of the Regular Meeting of June 7, 1973, x X X X X X were approved as written. X Item Al Proposal to amend the Planned Community Develop- AMEND - ment Standards for "Harbor View Hills" by reduc- MENT ing the permitted density in Areas 8 and 13. M67-361 Location: Portion of Blocks 91 and 93, CONT. TO Irvine's Subdivision, located UITE7 south of Ford Road and east of MacArthur Boulevard in Harbor View Hills. Zone: P -C Owner: The Irvine Company, Newport Beach Initiated by: The City of Newport Beach X Planning Commission continued this matter to the X X X X X meeting of July 5, 1973. x Page 1. COMMISSIONERS CITY OF NEWPORT BEACH DCTLfSD � ;,o mr+DN9D� £ m T 7. Z 70 A LL CALL Motion Ayes Absent 0 40 June 21, 1973 MINUTES caner Item A2 Proposal to amend the Planned Community Develop- ment Standards for "Big Canyon" by reducing the AMEND - ME73 -T permitted densities in Areas 1, 6; 10, and 14. NO. 362 Location: Portion of Blocks 55, 56, 92 and 93 CONT. TO of Irvine's Subdivision, located JULY 5 north of San Joaquin Hills Road, west of MacArthur Boulevard, south of Ford Road and east of Jamboree Road. Zone: P -C Owner: The Irvine Company, Newport Beach Initiated by: The City of Newport Beach Planning Commission continued this matter to the X X X X X X meeting of July 5, 1973. X Item A3 Request to construct a 4 unit apartment complex in the R -3 District in accordance with the provisions USE PERMIT of Ordinance No. 1490. 1665 Location: Portion of Lots 8 and 9, Block 22, APPROVED East Side Addition to Balboa Tract, located at 1319 East Balboa Boule- CONDI- TTUX ELY vard, on the south side of East Balboa Boulevard between "E" and "F' Streets on the Balboa Peninsula.. Zone: R -3 Applicant: Ilsley /Connelly, Newport Beach Owner: John A. Blaich, Trustee Under Declaration of Trust, Newport Beach Community Development Director Hogan presented an additional item of correspondence in favor of the request and reviewed the revised plot plan showing eight parking spaces and elevation with the Plan- ning Commission. Public hearing was opened in connection.with this matter. Page 2. COMMiSS19NERS CITY OF NEWPORT BEACH MINUTES DOLL cau T m June 21, 1973 ,.,,,cY Dan Connelly, applicant, appeared before the Planning Commission to review the matter and answer questions relative to the.request. Harry Kamph, 1320 W. Oceanfront, appeared before the Planning.Commission in opposition to the request and read his letter dated June 21, 1973. He also presented a photograph of the area for review by the Commission. The following persons also appeared in opposition to the request: Tom Kamph, 9162 E. Balboa Boulevard; Layton Stanton, 1302 E. Balboa Boulevard; Dorothy Hutchison, 1559 Ocean Boulevard; Julia Matcha, 401 Seville Avenue; and Shirley Moore, 1309 E. Balboa Boulevard. The following persons appeared in favor of the Project: • John Westrum, 926 E. Oceanfront; and Muriel Blaich, 1313 E. Balboa Boulevard. John Blaich, 2601 Bayshore Drive, owner of the property, appeared before the Planning Commission to answer questions relative to the property. There being no others desiring to appear and be heard, the public hearing was closed. Following discussion which included zoning of the adjacent property, density, parking, setbacks, and development standards for the peninsula, Motion X motion was made to approve Use Permit Application Ayes X X X X No. 1665 subject to the following conditions: Noes X X Abstain X 1. That development be in substantial conformance with the approved revised plot plan and elevations, except for minor modifications approved by the Department of Community Development. All development shall comply with the requirements of the 24/28 Foot Height Limitation Zone. • 2. That a minimum five foot wide landscaped plant r be located along East Balboa Boulevard, except at the approved ten foot wide driveway. Page 3. coMnnissioNeRS I CITY OF NEWPORT BEACH yaG1ZZ ;,o Tf�T �N YD O m Z Z 'I. F P *LL CALL 0 Motion Ayes Absent n u MINUTES June 21, 1973 I IJ„C Y 3. That only architectural features such as cornices and eaves (excluding fireplaces and chimneys) shall be permitted in the proposed five foot rear (oceanside) yard setback. 4. That a resubdivision and parcel map shall be filed. (Note: Commissioner Beckley abstained on the above motion due to the fact that he arrived at.8:30 P.M. during the proceedings.) Item A4 Request to establish a residential planned com- - munity district (Newporter Apartments Site), and the.acceptance of an Environmental Impact Report (EIR /NB 73 -032). AMEND - ME-f- X372 CONT. TO Location: Portion of Block 55, Irvine's JULY 19 Subdivision, bounded by Jamboree Road on the west, Irvine Coast Country Club Golf Course on the north and east, and north of a line coincident with an easterly extension of Back Bay Drive. Zone: Unclassified Applicant: The Irvine Co., Newport Beach Owner: Same as applicant X Planning Commission continued this matter to the X X X X X meeting of July 19, 1973. Item A5 Request to permit valet parking in conjunction USE with a proposed restaurant so as to permit an increase in the occupancy load of the restaurant. Location: Lots 9, 10, and 11, and the north - PERMIT TSTf— AMEND. erly extension thereof; Block 223, CONT. TO Section A, Newport Beach; located 3`'EFT­._6- at 2404 -06 -08 Newport Boulevard, on the east side of Newport Boule- vard, south of 26th Street on the Balboa Peninsula. Page 4. COMMISSIONERS AL L Y mGr2 ; p T f� D N D D O < Z p Z P ^S' Motion Ayes Absent U Motion Ayes Absent LJ CITY OF June 21, 1973 NEWPORT BEACH MINUTES mvon Zones: C -1 and C -2 Applicant: Mrs. Jean R. Belden, Huntington Harbour Owner: Same as applicant X Planning Commission continued this matter to the X X X X X meeting of September 6, 1973, at the request of X the applicant. Item A6. Request to permit the development of forty attached USE residential units on three lots within the Planned PERMIT Residential Development of "The Bluffs." 1676 Location: Lot 83, Tract 6230; Lot 89, Tract CONT. TO 5878; Lot 125, Tract 5435; located JUG. on the former "High- Rise "' sites in "The Bluffs." Zone: P -R -D Applicant: IDH, a Joint Venture, Costa Mesa Owner: The Irvine Company, Newport Beach X Planning Commission continued this matter to the X X X X X X meeting of July 5, 1973. X Item B1 Request to create one parcel of land where two TENTATIVE lots and a.portion of a third lot now exist for MAT condominium development. TRTCT Location: Portion of Lot 837 and Lots 838 and 839, Tract 907, located at APPROVED 320 Via Lido Nord, on the northerly C side of Via Lido Nord, northerly of TITNAULY Via Eboli on Lido Isle. Zone: R -3 Applicant: Lynn E. Thomsen, Anaheim Owners:. Charles Casserly and Charles J. Fishback, Newport Beach Engineer: John B. Abell, Los Angeles Page 5. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES yGimc qm >O yN n` �• T m+' ALL .j Sp p June 21, 1973 INDEX Motion All Ayes 0 • Lynn Thomsen, applicant, appeared before the Planning Commission and stated his approval of the.conditions as recommended in the staff report. X Planning Commission approved Tentative Map Tract 8362 subject to the following conditions: 1. That all public improvements be constructed as required by ordinance and the Public Works Department. 2. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived provided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department. 3. That the boundary of the final tract map be checked by the County Surveyor before being submitted to the City for approval. 4. That the applicant shall obtain a demolition permit from the Department of Community Development prior to the commencement of demolition of any structure on the subject property. Plans, including proposals for the control of debris and protection of the adjoin- ing beach and bay, shall be submitted to and approved by the Director of Community Develop - ment prior to the issuance of demolition permits. 5. That the developer shall be responsible for all precautionary actions necessary to protect the quality of the waters of the harbor during excavation and construction operations and shall prepare for approval of the California Regional Water Quality Control Board and the Director of Community Development, plans and specifications designed to protect the beach and the waters of the adjoining bay prior to the issuance of any building permits. tem B2 Request approval of the Final Map of Tentative INAL MAP Map No. 8073 subdividing 5.791 acres into one lot RACT for commercial development, one lot for condomin- 3073 ium development and one lot for boat slips. PPROVED Location: Portion of Block 94, Irvine's Sub- D - division, located at the south- TIUNTLLY Page 6. COMMISSIONERS CITY OF NEWPORT BEACH i m Z Z MINUTES su June 21. 1973 rNDEY Motion All Ayes E Motion Ayes Noes 0 westerly corner of Bayside Drive and Marine Avenue, adjacent to the Balboa Island bridge. Zones: R -3, C -1 -H Applicant: The Irvine Co., Newport Beach Owner: Same as applicant Engineer: Williamson and Schmid, Santa Ana Dave Kuhn, Project Manager with The Irvine Company appeared before the Planning Commission and stated they agreed with the condition contained in the staff report. X Planning Commission approved Final Map Tract 8073 subject to the following condition: 1. That the Conditions of Approval applied to Tentative Map Tract 8073 be fulfilled. Item B3 Request an extension of Use Permit No. 1571 to USE permit the construction of a three story condomin- PERMIT ium with four units and five boat slips in the 157T_ C -1 -H District. EXTENSION Location: Lots 1095 and 1096, Tract 907, APPED located at 3300 Via Lido on the CONS- northerly side of Via Lido westerly TIINALLY of the Lido Isle Bridge. Zone: C -1 -H Applicant: Shelter Industries, Inc., Newport Beach Owner: Byron Palmer, Los Angeles X Following discussion, Planning Commission extended X X X XX X Use Permit Application No. 1571 to August 25, 1974 X subject to the following conditions: 1. That a resubdivision application be processed and a parcel map be filed. 2. That the developer shall be responsible for all precautionary actions necessary to protect the quality of the waters of the harbor during Page 7. COMMISSIONERS yG�m�r�r m; j0 T�yN Tya yaO All M P Motion All Ayes 0 CITY OF June 21, 1973 NEWPORT BEACH MINUTES INDEX excavation and construction operations and shall prepare for approval of the California Regional Water Quality Control Board and the Director of Community Development, plans and specifications designed to protect the beach and the waters of the adjoining bay prior to the issuance of any building permits. 3. That all seven conditions approved by the Planning Commission at its meeting of February 3, 1972 be fulfilled. Request to permit drive -up television banking. Item B4 USE facilities in conjunction with an existing bank PEE MIT in the C -2 District. 1678 Location: Portion of Lot 170, Block 2, APPROVED Irvine's Subdivision, located at C P T— 3333 West Coast Highway, east of TIT —NI LY the Newport Boulevard Bridge.on Mariner's Mile. Zone: C -2 Applicant: Centinella Bank, a corporation, Inglewood Property Owner: Newport Arches Marina, Inc. (Owner of Leasehold Estate), Newport Beach; City of Newport Beach (Owner of Fe f) Public hearing was opened in connection with this matter. Bernard S. Shoeps with the firm of Cadoo, Trethewa ,... McGinn & Morgan, appeared before the Planning Commission on behalf of the applicant and stated they concur with the conditions as stated in the staff report. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion of the revised parking lot layout, Planning Commission approved Use Permit Application No. 1678 subject to the following conditions: 1. That the parking lot layout comply with the submitted plot plans. Page 8. 0 11 COMMISSIONERS T � <N £ p Z A All m CITY OF NEWPORT BEACH June 21. 1973 MINUTES INDEX 2. That the stacking lanes be clearly marked. 3. That the applicant be responsible for monitor- ing and policing the.stacking lane to ensure that the TV facilities do not interfere with the proper functioning of the parking lot. 4. That there be no new signs other than traffic directional signs approved by the Department of Community Development. 5. That the applicant be responsible for develop- ing a program for restriping the lot and for .installing the new facilities in such a way as to minimize any impact on the parking lot, and particularly to ensure that there will be no interference with ingress from and egress to the Coast Highway. This program shall be approved by the Department of Community Development prior to the issuance of any building permits. Item B5 Request to permit the sale of beer and wine in conjunction with an existing restaurant within 200 feet of a residential district. USE PEWIT Location: Lots 74 and 75, Tract 1011, located APPROVED at 4001 West Coast Highway, on the south.side of West Coast Highway, CONDI- TAI RATLY adjacent to the entrance to Balboa Coves. Zone: C -1 -H Applicant: Tom Fears, Newport Beach Owner: Mary A..Howard, Newport Beach Public hearing was opened in connection with this matter. Tom Fears, applicant, appeared before the Planning Commission and requested that the hours for the sale of beer and wine be from 10:00 a.m. instead of 11:00 a.m. as stated in condition No. 2 of the staff report. There being no others desiring to appear and be heard, the public hearing was closed. Page 9. r1 �J • COMMISSIONERS yG1n,� >myO T F At( T p CITY OF NEWPORT BEACH .lunc 91 _ 1Q71 MINUTES INDEX Following discussion, Planning Commission approved Use Permit Application No. 1679 subject to the following conditions: 1. That this approval be for a period of two years, and any extension shall be subject to the approval of the, Modifications Committee. 2. No beer and wine shall be served between the hours of 1:00 A.M. and 10:00 A.M. Item B6 Request to permit an outdoor restaurant in Fashion USE Island, and to waive the offstreet parking require- PERMIT ments and other development standards of Chapter 6T-81_ 10.53 Drive In and Outdoor Restaurants. APPROVED Location: Portion of Lot 1, Tract 6015, DI- located at #43 Fashion Island on N LLY the Mall at Fashion Island in Newport Center. Zone: C -0 -H Applicant: Pat O'Dailey /Bob Burns Restaurant, Newport Beach Owner: The Irvine Co., Newport Beach Community Development Director Hogan recommended that the 6 foot fence be reduced in height to a maximum of 30 inches, since a higher fence or wall would be defeating the purpose of an outdoor restaurant and the resulting outdoor atmosphere. Planning Commission discussed parking and the allocation of same to each business in Fashion Island. Public hearing was opened in connection with this matter. Pat O'Dailey, applicant, appeared before the Plan- ning Commission in connection with this matter. He agreed with the conditions as recommended in the staff report. However, the condition of a 30 inch maximum fence as recommended by Community Development Director Hogan seemed to be in conflic with his understanding of what the Alcoholic Beverage Control Board required. Page 10. COMMISSIONERS T � N Ty =DSO eeu CITY OF NEWPORT BEACH June '21. 1973 MINUTES . INDEX In connection with the parking. City Engineer Nolan advised that there was a substantial amount of excess parking not allocated to specific businesses. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, motion was made to approve Use Permit Application No. 1680 subject to the conditions contained in the staff report except that Condition No. 7 be eliminated relative to waiving a portion of the parking requirements. Motion X Substitute motion was made to approve Use Permit All Ayes Application No. 1680 subject to the following conditions: 1. That the approval of this permit shall not become effective until.such time as the City Council adopts the appropriate revisions to Municipal Code as contained in Amendment No. 375. • 2. That development shall be in substantial con- formance with the approved plot plan and eleva tions, except as noted in Condition No. 3 below. 3. That toilet facilities shall be provided in the building for restaurant patrons and employ es as required by the Plumbing Code. 4. That the building and trellis shall be protect d by an automatic sprinkler system as required by the Building Division Supervisor and the Fire Marshal. 5. That all mechanical roof -top equipment shall be screened in a manner meeting the approval of the Department of Community Development. 6. That section 20.53.070 of the Municipal Code (Walls) shall be waived as provided under Section 20.53.130. 7. That the perimeter fence or wall as shown on the plans shall be no higher than thirty (30). inches, unless there is a conflict with the • requirements of the Alcoholic Control Board. Page 11. COMMISSIONERS y �GrZ T ;,o Tf+y H9yA0 i'r £mZZ Z j0 p 191. CALL r 0 0 CITY OF NEWPORT BEACH MINUTES June 21. 1973 INDEX Planning Commission recessed at at 9:50 P.M. and reconvened at 10:00 P.M. Item B7 Request to permit the construction of a duplex that exceeds the permitted floor area in the R -2 VARIANCE N 032 APPROVED District in order to provide additional parking. Location: Lot 6, Block 60, Ocean Front Tract, located at 6011 Seashore Drive, CONDI- TAN LY located on the southeasterly corner of 61st Street and Seashore Drive in West Newport. Zone: R -2 Applicant: Richard Stupin, Long Beach Owner: Earl Dexter, Newport Beach Senior Planner Foley .reviewed the plot plan with the Planning Commission and in particular the height clearance and slope of the ramp into the basement on 61st Street, the parking layout, and storage area. Public hearing was opened in connection with this matter. Richard Stupin, architect and applicant, appeared before the Planning Commission in connection with this request. He stated the reason for the variance was to acquire additional storage area in the basement and was not agreeable to eliminate g the basement bathroom. Planning Commission questioned staff's recommenda- tion to eliminate the bathroom in the basement. Earl Dexter, owner, appeared before the Planning Commission and answered questions relative to this request. There being no others desiring to appear and be heard, the public hearing was closed. Page 12. COMMISSIONERS CITY OF NEWPORT BEACH < Z p rn CAI r Motion Ayes Noes 0 MINUTES June 21, 1973 INDEX X Following discussion, motion was made to approve X X X X X X Variance Application No. 1032 subject-to the condi X tion that construction be in substantial conformance with the plan as submitted with the application. Based on the above action and discussion relative to the possibility of "boot -leg" units and enforce- ment of the Municipal Code, Planning Commission set the following precedents and policies: 1. Generally speaking, it is the position of the Planning Commission that they will approve floor area ratio excesses when that floor area ratio excess is for the purpose of pro- viding additional parking. 2. It is the Planning Commission's feeling that the staff should not be concerned with trying to prevent development which would be easily converted at some future date to uses that are not permitted and that the staff should concern itself only with the finding of those conversions when actually made and enforcement of the Code at that time. Item B8 Request to establish Specific Area Plan #4 for AMENDMENT Newport Shores and to amend Districting Map No, l NO. 37T_ from the C -1 -H and R -2 Districts to SP4 - Specific Plan District on properties north of .West Coast APPROVED Highway between West Coast Highway and Newport Shores Drive and between the Santa Ana River and the Semeniuk Slough. Initiated by: The City of Newport Beach Additional correspondence protesting the zone change and requesting deletion from the plan was presented to the Planning Commission for review. Public hearing was opened in.connection with this matter. Susan Rudd representing the Newport Shores Communi y Association appeared before the Planning Commissio and stated that they accepted the plan in its entirety and recommended the adoption of Specific Area Plan No. 4. Page 13. COMMISSIONERS .CITY OF NEWPORT BEACH m�yinmYAa`�' Z T 01 ceu m June 21, 1973 MINUTES INDEX H. M. Pembroke appeared before the Planning Commission in opposition to the plan and referred to his letter dated June 18, 1973, requesting deletion of his property which is developed as a trailer park. Richard Newell, 2099 San Joaquin Hills Road, appeared before the Planning Commission on behalf of Clarence and Mamie Hunt. He read his letter dated June 18, 1973, addressed to the Planning Commission requesting deletion of the Hunt's property which is developed as a trailer park and gave reasons for requesting the deletion. Viola Cusumano, 6810 W. Coast Highway, appeared before the Planning Commission in connection with Lots 11, 12, and 13 on the East side of Fern Stree . She is opposed to the plan because there would be commercial on either side of said property and feels this should also remain commercial. Bob Brockman, 122 - 41st Street, owner of property at the northeast corner of Walnut and W. Coast Highway appeared before the Planning Commission in opposition to the change on his property, the entire plan in general, and the placing of a landscape buffer thereby eliminating access to the property from West Coast Highway. M. D. Turbow, 5307 Seashore Drive, appeared before the Planning Commission and requested that his property between Grant Street and Highland Street be deleted from the plan which is developed as a trailer park. Dr. Robert Nevin, 6904 West Coast Highway appeared before the Planning Commission and requested clarification of the plan and the landscape buffer Frank Jenson, owner of Lots 12, 13 and portion of the buffer zone on the east side of Grant Street appeared before the Planning Commission in opposi- tion to the plan. Mike Steiner, local resident, appeared before the Planning Commission to comment on the plan. • There being no others desiring to appear and be heard, the public hearing was closed. Page 14. COMMISSIONERS CITY OF NEWPORT BEACH �op)1__ ;� c m � y m y 0 MR yN T 9� N I w m Z MINUTES ALL P June 21, 1973 INDEX Motion Ayes Noew Abstain Motion All Ayes • Motion All Ayes X X X X X X X X Following discussion, motion was made recommending to the City Council that Amendment No. 371 be approved and Specific Area Plan #4 be adopted with the change that the uses on properties west of Orange Street, south of a line on the north side of Lots 6 and 11 between Orange Street and Fern Street and Grant Street, then north on Grant Stree to the Santa Ana River and the Newport Beach City Boundary, be allowed to continue as they now exist and that any change in the use of the property would require the issuance of a use permit and review by the Planning Commission. Request to consider an amendment to Title 20 of the Newport Beach Municipal Code by the addition of Section 20.08.085 entitled "Social Guidance Item B9 AMENDMENT NT-.'l'- Centers." DENIED Initiated by: The City of Newport Beach 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. Planning Commission discussed the ordinance and Commissioner Heather expressed much concern in connection with the definition of a social guidanc center, the ordinance as a whole and its effect on others throughout the City. It appeared that others in the audience wished to X speak concerning the matter, therefore motion was made to re -open the public hearing. The following persons appeared before the Planning Commission to comment on the ordinance and the "Mustard Tree" located at 2212 W. Oceanfront: Mr. Shea, a neighbor; Rev. Bowman; W. Chas. Youngblood, resident of the Mustard Tree; and Stan Arnold, 2212 W. Oceanfront. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion, motion was made that Amendment No. 376 be disapproved, as it was felt Page 15. COMMISSIONERS ya+4�22 ;A A c m � r m y 0 emi. � � T � F p � ALL Motion Ayes Noes Motion All Ayes 0 Motion All Ayes • CITY OF N EWPORT BEACH MINUTES June 21,.1973 INDEX X X X X X X that the ordinance was written specifically to cover the circumstances surrounding the "Mustard Tree" and would be a burdensome and insufficient ordinance for other "social guidance centers" throughout the City. ADDITIONAL BUSINESS: Planning Commission adopted Resolution No. 810, setting a public hearing for July 5, 1973, to consider an amendment to Title 20 of the Newport RES. NO. 810 Beach Municipal Code by the deletion of Section 20.02.285 and amending Sections 20.12.030, 20.13.030 and 20.14.030, pertaining to the term "story ". X Planning Commission adopted Resolution No. 811, RES. setting a public hearing for July 5, 1973, to NO. 811 consider an amendment to Title 20 of the Newport Beach Municipal Code by the addition of Section 20.10.025 entitled Uses Requiring Use Permit so as to permit commercial nurseries in the R -A District subject to the securing of a use permit. * * * * * * * * * * X Commissioner Rosener requested and received permission to be absent from the meeting of July 5, 1973. There being no further business, meeting was adjourned. Time: 1:15 A.M. LINE E. HEATHER, Secretary %aing v Pl Commission City of Newport Beach Page 16.