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HomeMy WebLinkAbout06/21/1979COMMISSIONERS vc� . m v( 1• vu Opp ip 4 City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers Time: 7:30.P.M. nom«_. 1..ne 91 1070 ROLL CALL 'resent K x x x x x xl IEX- OFFICIO MEMBERS 'R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney STAFF MEMBERS ;James D. Hewicker, Assistant Director - Planning !Don Webb, Assistant City Engineer (Glenna Gipe, Secretary !Minutes Written By: Glenna Gipe of the minutes of the regular Planning C (Approval mission meeting of June 7, 1979, was postponed to the regular Planning Commission of July 5, 1979. Richard Hogan, Community Development Director,! sL gested that Item No. 1, Use Permit No. 1910, be r moved from the agenda, as per the applicant's re- quest, due to the fact that the property ownershi had not as yet been clarified as belonging to .Mr. Simmons, and that Item No. 2, Amendment No. 52'9, removed from the agenda, as per the Staff's sulgge tion. (Bill Kahn, Attorney, appeared before the Plannini Commission and requested that the Use Permit No. 1910 application be denied. I ;Hugh Coffin, Assistant City Attorney, advised thr Planning Commission that continuing these items !would necessarily require a date certain, and rer •:al from the calendar would allow a reactivating Isome point in the future. Motion x Motion was made to remove Item No. 1, Use .Permit All Ayes ;1910, and Item No. 2, Amendment No. 529, from.Ithi !agenda. I i -1- i MINUTES om ig- •e- p. be 's- ro it Ere INDEX COMMISSIONERS ROLL CALL Motion All Ayes Motion Al Ayes MINUTES City of Newport Beach June 21, 1979 . INDEX >tablish a flower stand in the open in Item #1 Pict, and the acceptance of an Environ- Rnt. USE PER- RTT Lots 1 and 2, Block AA, Tract No. 1 323, located at 3617 East Coast High way, on the southeasterly corner of REMOVED East Coast Highway and Orchid Avenue FROM THE in Corona del Mar. AGENDA C -1 Christine Leckie, Corona del Mar' Lee Simmons, Corona del Mar Commission removed this item from "the ?r the applicant's request. )nsider an amendment to Chapter 19.10 Item #2 ^t Beach Municipal Code as it pertains im Conversions and the consideration of AMEND - ital Document. MENT NO. The City of Newport Beach Commission removed this item from the ^eate two parcels of land for single Item. #3 tntial development where a portion of axists, and the acceptance of an En- ESUBDI- )ocument. [VISION A portion of Lot 46, Newport Heights, located at 2327 16th Street, on the RAILED southwesterly side of 16th Street be- 0 THE tween Tustin Avenue and Irvine Avenue NO OF in Newport Heights. HE MEE' NG R -1 . I� 9 -2- Request to e the C -1 Dist mental Docum Location: Zone: Applicant: Owner: x The Planning agenda, as p Request to c of the Newpo to Condomini an Environme Initiated By The Planning agenda. Request to c family resid one lot now vironmental Location: Zone: INDEX >tablish a flower stand in the open in Item #1 Pict, and the acceptance of an Environ- Rnt. USE PER- RTT Lots 1 and 2, Block AA, Tract No. 1 323, located at 3617 East Coast High way, on the southeasterly corner of REMOVED East Coast Highway and Orchid Avenue FROM THE in Corona del Mar. AGENDA C -1 Christine Leckie, Corona del Mar' Lee Simmons, Corona del Mar Commission removed this item from "the ?r the applicant's request. )nsider an amendment to Chapter 19.10 Item #2 ^t Beach Municipal Code as it pertains im Conversions and the consideration of AMEND - ital Document. MENT NO. The City of Newport Beach Commission removed this item from the ^eate two parcels of land for single Item. #3 tntial development where a portion of axists, and the acceptance of an En- ESUBDI- )ocument. [VISION A portion of Lot 46, Newport Heights, located at 2327 16th Street, on the RAILED southwesterly side of 16th Street be- 0 THE tween Tustin Avenue and Irvine Avenue NO OF in Newport Heights. HE MEE' NG R -1 . I� 9 -2- COMMISSIONERS cmF v s� 9J o�p ypC o , ROIL 0 MINUTES City of Newport Beach June 21, 1979 Tom W. Robinson, M.D., Newport Beac Same as Applicant Donald E. Stevens, Inc., Costa Mesa ng Commission trailed this item to the meeting, as the Applicant had not yet 1 subdivide 80.5 acres into ten lots for I /office and commercial /retail development )ts for public streets in the North Ford Immunity, and the acceptance of an Environ :ument. A portion of Lots 224, 442 and.444, Block 57 of Irvine's Subdivision, located on property bounded by the extension of Bison Avenue, Camelback Street, Jamboree Road, the extension of Eastbluff Drive, and MacArthur Boulevard in the Planned Community of North Ford. P -C and U The Irvine Company, Newport Beach Same as Applicant William G. Church Consulting Civil Engineers, Inc., Newport Beach' ogan, Community Development Director, SUg- ntinuing this item to obtain additional information from The Irvine Company. ickson, The Irvine Company, appeared be- Planning Commission to state his agreement wing this item to August 9, 1979, and re- n initial discussion at the Study Session , 1979. -3- INDEX Item #4 TENTH- 1 MAP OF TRACT NO. TUO19 CONTIN UED TO UJ—GGU- 99 !Applicant: :Owner: :Engineer: :The Plann- lend of thi ,arrived. i ;Request ti industria' 'and two li Planned C4 mental Do, Location: I !zone: Applicant Owner: Engineer: Richard H gested co necessary Ron Hendr fore the to contin quested a on July 5 i I i i i June 21, 1979 Tom W. Robinson, M.D., Newport Beac Same as Applicant Donald E. Stevens, Inc., Costa Mesa ng Commission trailed this item to the meeting, as the Applicant had not yet 1 subdivide 80.5 acres into ten lots for I /office and commercial /retail development )ts for public streets in the North Ford Immunity, and the acceptance of an Environ :ument. A portion of Lots 224, 442 and.444, Block 57 of Irvine's Subdivision, located on property bounded by the extension of Bison Avenue, Camelback Street, Jamboree Road, the extension of Eastbluff Drive, and MacArthur Boulevard in the Planned Community of North Ford. P -C and U The Irvine Company, Newport Beach Same as Applicant William G. Church Consulting Civil Engineers, Inc., Newport Beach' ogan, Community Development Director, SUg- ntinuing this item to obtain additional information from The Irvine Company. ickson, The Irvine Company, appeared be- Planning Commission to state his agreement wing this item to August 9, 1979, and re- n initial discussion at the Study Session , 1979. -3- INDEX Item #4 TENTH- 1 MAP OF TRACT NO. TUO19 CONTIN UED TO UJ—GGU- 99 COMMISSIONERS � oy City of Newport Beach June 21, 1979 ROLL CALL Motion K Motion was made to continue Agenda Item No. 4, All Ayes Tentative Map of Tract No. 10019, to the regular Planning Commission meeting on August 9, 1979,.wi an initial discussion of said item to be held at the Planning Commission Study Session on July 5, 1979. Request to consider amending a portion of Distric ing Map No. 21 from the R -3 District to the R -1 District, and the acceptance of an Environmental Document. Location: Lots 36 through 46, Tract No. 1220 located at 300 through 424 St. And rews Road, on the easterly.side of St. Andrews Road between Clay Stre and Cliff Drive in Cliff Haven., Initiated By: City. of Newport Beach The Public Hearing was opened regarding this item and Harry Bueter, 1200 Cliff Drive, owner of.lot number 46, appeared before the Planning Commissio to submit a petition signed by 45 individuals in the area in opposition to Amendment.No. 534, to present a paper signed by the owners of the prope in question who object to re- classifying the twel (12) properties located at 300 -424 St'. Andrews Ro Newport Beach, and in conclusion, to state his pe sonal opposition to said re- zoning, as he felt it would devaluate the properties, as the owners wou then be unable to build on the properties. Commissioner Ha.idinger posed a question regarding the number of lots involved, to which Mr. Bueter replied that originally there were 11 lots, upon which were built 12 houses; lots including number 36 through 46, with 70'.frontages.. Commissioner Balalis expressed his understanding that one of the reasons why the Planning Commissi initiated this amendment is because they had befo them a request to build five condominium units on one of those lots, and they had observed that the -4- MINUTES • INDEX, th t- Item #5 AMEND-, MENT NO. 534 RESOLU- => TIRO. In-Ir- Rt APPROVED rty ve ad, r - Id. s on re • r1 U COMMISSIONERS V4'F 9C OFF O PF v ; F } O O C vCS'i v� F,p 2� yoQ OAS F9 o t 2 City of Newport Beach June 21, 1979 ROLL CALL size of lots on St. Andrews Road were not appreci bly different in square footage than the size of the lots on Pirate Lane and other nearby streets. Mr. Bueter further expressed his feeling that if an individual wants to improve his property and t :lots are of adequate size to improve them to add 'the value of the Community, they are entitled to so. Commissioner Balalis then stated his understandin that if lot no. 46 facing Cliff Drive were.down- zoned to single family, he could not build an ad- ditional dwelling unit at the corner of that lot, to which 'Mr. Bueter agreed. Mildred D. Bonds, 312 St. Andrews Road, appeared. .before the Planning Commission to state that they .had been down- graded loan -wise in the past, due 1� 'the close proximity of the school and to state he understanding that their lots had been zoned R -3 as a buffer zone between an R -1 residential area • !and the nearby school, in.conclusion expressing h feeling that the area should remain R -3 for this reason, and further expressing her feeling thaj t 'Planning Commission did not have the right to tak :away their right to improve upon their property a !a later date. ;Commissioner Haidinger then suggested a re- zoninc to R -2. !In response to a question from Commissioner McLa Alin, Richard Hogan, Community Development Direct o replied that there would be a maximum of five re units that could be placed on each of the 6,200 ft. lots under discussion,, and that a maximum to of 24 dwellings could be placed on said lots, if they were zoned R -2. Bob Cooper, 418 Signal Road, President of the Cli Haven Community Association, appeared before the Planning Commission to state their findings thiat there were 5 of the property owners who wanted' th zoning to remain R -3, one they could not contact, • -5- MINUTES a- he to do , er he ugh - r, ntal sq. tal ff' e INDEX COMMISSIONERS ROLL City of Newport Beach June 21, 1979 CALL whom they felt quite certain would prefer R -3 zon ing, 5 property owners who wanted the property re -zoned to R -1, and one with no commitment. Ralph Bonds, 312 St. Andrews Road, appeared befor the Planning Commission to express his concern th a zone change to R -1 would mean to he and his fam ily a loss of at least $46;000.00, as he had hope one day to build on the lot for his sons. Mr. Lightheart, 400 St. Andrews Road, appeared be fore the Planning Commission to state his prefer- ence that the property be rezoned to R -1, so that the area will remain a single- family residential area. Earl Williams, 324 St. Andrews Road, appeared be- fore the Planning Commission to state his prefer- ence that the property be rezoned to R -1, so that the character of the area would stay as it is. In response to a question from Commissioner Balal Mr. Williams stated that he would not want the pr perty to be rezoned R -2, as he felt that this wou down -grade the area. Commissioner Agee expressed his feeling that rezo ing to R -1 would be an injustice, but that he als felt that property owners building to the maximum allowable on those properties would also be an in justice, and that he would like to see an R -2 cla sification considered. Mr. Hogan stated that it would be preferable to r advertise with that in mind, to allow people time to respond to such. Commissioner Agee suggested that this item be re- noticed for the consideration of amending this po tion of Districting Map No. 21 (Lots 36 through 4 from an.R -3 District to an R -2 District. Commissioner Frederickson stated his general oppo tion to down - zoning, but also expressed his conce regarding the density potential of dwellings with the present R -3 zone, and stated his preference f an R -2 zone as a workable compromise. -6- MINUTES 1 INDEX e at d is • 1d 0- 0 r- sI rn )r COMMISSIONERS • m � s� o ��a tc �Q S� y ROLL CALL Motion Ayes Noes Ayes Noes Motion Ayes Noes • • City of Newport Beach June 21, 1979 MINUTES ing :on 21 R -1 n ar to is is m is ep- ix e the k 0 San si on t INDEX Item #6 MODIFI- TI N N0. 04 DENIED x ;Amendment to the Motion was made that the Plann x I.Commission recommend to City Council that they x x x x x1sider amending a portion of Districting Map No. (Lots 36 through 46) from an R -3 District to an .District. x x x x Original Motion was then voted on, which MOTION x (CARRIED. i The Planning Commission recessed at 9:00 p.m. a reconvened at 9:10 p.m. Motion was made that the Planning Commission he x Agenda Item No. 3, Resubdivision No. 625, prior x x x beginning the Public Hearing for Item No. 6. Commissioner Agee stated for the record that.ijt generally the procedure that when the applicant not present at the time of his hearing, his ite placed at the end of the meeting, with rare exc tions. .Request to permit the approval of an existing s foot ± high masonry wall and related wooden gat that encroach to the rear property line (where Ordinance requires a five foot rear yard setbac when a lot abuts a fifteen foot wide.alley). Location: Lot 17, Block 11, 1st Addition t Newport Heights, located at 315. Ana Avenue, on the northwesterlly of Santa Ana Avenue between Beac Street and Cliff Drive in Newpor Heights. (Zone: I R -1 'Applicant: George T. F. Yao, Newport Beach 'Owner: Same as Applicant ;Appellant: Same as Applicant -7- MINUTES ing :on 21 R -1 n ar to is is m is ep- ix e the k 0 San si on t INDEX Item #6 MODIFI- TI N N0. 04 DENIED COMMISSIONERS City of Newport Beach June 21, 1979 ROLL CALL The Public Hearing was opened regarding this iten and Cynthia Garrett, Attorney representing the Applicant, appeared before the Planning Commissic to state that Mr. Yao has not had an opportunity to fully respond to the knowledge of the encroach ment. She further expressed her feeling that sai wall is the only aesthetically pleasing structure along that entire back alleyway. She stated that should the wall be found to be structurally unsoL that Mr. Yao would take every reasonable steps ne cessary to ensure that the wall is safe and poses no threat to anyone in their neighborhood. She submitted that there are other items in the alley way that pose an even greater threat to mobility in the alleyway, and that those items should, als in sense of fairness be given that same examinati In response to a question from Commissioner Beek, Mrs. Garrett stated her understanding that the Cc provides for reasonable use, even though the use nonconforming and she expressed her feeling that this particular use is reasonable. Commissioner Beek expressed his concern that allc ing this situation would set a precedent for.othe Richard Vanderveld, 314 La Jolla Drive, appeared fore the Planning Commission to state his concur- rence with the findings of the Modifications Com- mittee regarding this item and to strongly oppose the wall. Bob George, La Jolla Street, appeared before the Planning Commission to state his .feeling that it would benefit everyone to comply as they did in. 1960 with the recommendation of the City of Newpc Beach to set their home 5' back from the property line to give the garbage truck and large fire ve- hicles and other department vehicles clearance tc go down through the,alley and make a turn in the "T" alley, and to inform the Planning Commission that they had at that time contributed a 5' corns so that these vehicles could make this turn. In conclusion, he .stated his feeling that his neight Mr. Vandervel,d, would be handicapped seriously tr ing to get i,n and out of the garage if the fence -8- MINUTES • INDEX n d nd o, on de is W_ • - rs bea rt r, or: Y is- I COMMISSIONERS • m v�s� 9° o�P y@ �@ BPS FP 2�1 � 02 r L City of Newport Beach June 21, 1979 LOLL CALL left as it is, and stated that he was speaking on ;behalf of two otherneighbors in opposition to said wall. 'In response to a question posed by Commissioner Balalis, James Hewicker, Assistant Director -Plan- Ining, replied that according to the survey done b !the Public Works Department subsequent to the ;Mod :ifications Committee actions, the wall encroaches ;into the alley setback. George Yao, Owner and Applicant, appeared before :Planning Commission to inform them that the fence had been reconstructed following the heavy rains last winter, during which time the old fence had ,fallen down. He concluded by stating his disagre ment that said wall encroaches 21�" on the north si.de. !Commissioner Frederickson expressed his feeling t it is not a good idea for this Commission or any governmental unit to permit these nonconforming ` items, because one will lead to another. lotion x Motion was made to sustain the findings of the Mo ifications Committee, to wit: 1. That the Modifications Committee determined in this case that the proposal would be detr mental to persons, property and improvements in the neighborhood, and that the applicant' request would not be consistent with the leg lative intent of Title 20 of the Newport Bea Municipal Code. 2. That approval of the request would be a viol tion of .the City's policy not to allow new c struction in the required five foot alley se back. 3. That there is no justification to allow the as -built wall encroachment, since adequate space exists within the setback area of the site for all new construction. 4. That the wall was built without benefit of proper Building Division inspections. i i j -9- MINUTES th a- ha d- i- s is ch a- on t- INDEX COMMISSIONERS } F City of Newport Beach June 21, 1979 ROLL CALL 5. That the wall location restricts vehicular maneuverability into the existing two -car garage on the opposite side of the alley. and deny Modification No. 2404. Commissioner McLaughlin stated her support of the motion. Commissioner McLaughlin then inquired as to the v lidity of the setback figures, to which Don Webb, Public Works Department, stated that they would recheck the surveys and explained.that the atlase may designate the center of the alley, but that i does not necessarily mean that the manhole is wit in a foot of the center line, and that this is no a legal means of defining the center line. Ms. Garrett stated that it has yet to be establis that the wall encroaches as well into the adjoini residential property to the south. Richard Hogan, Community Development Director, su gested that should there yet be a question regard ing Finding No. 6, the Commission could adopt the first five Findings and it would be yet valid to sustain the Findings of the Modifications Committ Commissioner Balalis stated his observation that the items in the alley are in violation to the Co All Ayes Motion was then voted on, which MOTION CARRIED. Request to approve the Final Map of Tract No. 101 subdividing 19.96 acres into 41 numbered lots for single family residential development, one number lot to be developed as open space and recreation area, one numbered lot to be developed as a City park, one lettered lot for public, utility purpose and three streets. Location: Lot No. 1, Tract No. 9587, and a p tion of Blocks 92 and 97, Irvine's Subdivision, located at 2023 Spygl -10- MINUTES E INDEX a- s t h- t he n 9- • ee de: 51JItem #7 ed FINAL MAYO F R s, 10351 or APPROVE TON DI- assTIONALL r� �J COMMISSIONERS y i ROLL CALL Motion 0 All Ayes • City of Newport Beach June 21, 1979 MINUTES INDEX IF id Sa Is. ch New - Wa- )prov A Iow I for I be for 3ard- low-. pre. Imes . �d that I re - a de- Item #8 fourth RESUB- DIVI- 3n SION NO.. ed at 3� 3 h nor- APPROV- ross rff__CU_N- Beach DIDI Hills Road, on the southeasterl; corner of Spyglass Hills Road ai Miguel Drive in Harbor View Hil :Zone: P -C 'Applicant: The Irvine Company, Newport Bea Owners: The Irvine Company, The City of port Beach and the Metropolitan ter District, Newport Beach ;Engineer: Simpson - Steppat, Newport Beach x ,Motion was made that the:Planning Commission a !Final Map of Tract No. 10151, subject to the f in.g conditions: 1. That all applicable conditions of approva the Tentative Map of Tract No. 10151 shale fulfilled. 2. That Lot A shall be' dedicated to the City public utility purposes. Commissioner Beek posed a question of Staff re ing the amendment of the Grading Ordinance fol. ing approval of the Tentative Map regarding th, sent 2:1 slope grading requirement, to which J Hewicker, Assistant Director - Planning, respond that the tract has not as yet been graded, and lit will necessarily be required to meet the 2:: quirement upon grading. Motion was then voted on, which MOTION CARRIED ;Request to create one parcel of land for offic velopment where three lots and a portion of a blot now exist. Location: Lots 72, 73, and.74 and a porti of Lot 75, Tract No. 706; locab 3300 Irvine Avenue, on the sout easterly side of Irvine Avenue„ theasterly of Orchard Drive, ac Irvine Avenue from the Newport Golf Course facility. i I i -11- MINUTES INDEX IF id Sa Is. ch New - Wa- )prov A Iow I for I be for 3ard- low-. pre. Imes . �d that I re - a de- Item #8 fourth RESUB- DIVI- 3n SION NO.. ed at 3� 3 h nor- APPROV- ross rff__CU_N- Beach DIDI COMMISSIONERS } F �2 1 ROIL Moti All City of Newport Beach June 21, 1979 CALL Zone: A -P -H Applicant: Newport Irvine Associates, Newport Beach Owner: Same as Applicant Engineer: Southwest Engineering, Irvine The Public Hearing was opened regarding this item and Albert Auer, Applicant, 2440 Bayshore Drive, appeared before the Planning Commission to state his concurrence with the conditions as set forth the Staff Report. on x Motion was made that the Planning Commission make Ayes the following findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all dinances of the City, all applicable general or specific plans and the' Planning Commissio is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint and any future plan for the development of this parc can be made to fit within the proposed bound ary. and approve Resubdivision No. 633, subject to the following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as requ ed by ordinance and the Public Works Depart- ment. 3. That a 15' radius corner cutoff-at the corne of Acacia Street and Orchard Drive be dedica ed to the public. 4. That public improvements (including pavement curb, gutter and sidewalk) be constructed al the Acacia Street, Orchard Drive, and Irvine Avenue frontages. -12- MINUTES in on n el i r t- 0 • INDEX • RO • U COMMISSIONERS F } O < City of Newport Beach June 21, 1979 )LL CALL 5. That all vehicular access rights to Irvine A nue be released and relinquished to the City except for single right turn out egress to b approved by the Public Works Department. !6. That a standard subdivision agreement and ac companying surety be approved to guarantee t satisfactory completion of public improvemen if it is desired to record the final parcel map prior to completion of the public improv ments. i7.. That internal vehicular and pedestrian circu lation be approved by the Department of Com- munity Development and the City Traffic Engi neer. I8. That the street and drainage improvements be shown on standard improvement plans prepared by a licensed civil engineer. 9. That water service be in accordance with the requirements of the Santa Ana Heights Water District. 0. That sewer service be in accordance with'the requirements of the Costa Mesa Sanitary Dis- trict. 1. That locations of vehicular access to the pa cel along the Acacia Street and Orchard Driv frontages be approved by the City Traffic Er gineer. 2. That a portion of the northwest corner of tt parcel, adjacent to Irvine Avenue be dedicai to the City of Newport Beach for roadwaypur poses so that there will be 50' of right-of- way on Irvine Avenue from the center line tc the property line. 3. That the existing roadway improvements oh tl unused portion of Acacia Street be removed. 4. That all conditions of, approval of the apprc ed Traffic Study for the project shall be me ! i I -13- MINUTES INDEX ve e he is e- r- e e ed e v- t. COMMISSIONERS vas} 9u� �,p $Q 9G0 City of Newport Beach June 21, 1979 ROLL CALL Request to consider an amendment to Chapter 20 of the Newport Beach Municipal Code so as to require a Use Permit for roller skate rental establish- ments, and the acceptance of an environmental doc ment. Initiated By: The City of Newport Beach Commissioner Frederickson expressed his feeling that the suggested parking requirement was not ap propriate for establishments with mixed uses and suggested a wording to permit dual use of personn without requiring an extra parking space. In response to a question posed by Commissioner Haidinger regarding the ordinance presently befor City Council concerning roller skating, Richard Hogan, Community Development Director, replied in answer that it concerned consideration to restric in some way the use of certain locations for roll skating purposes. Commissioner Haidinger expressed his understandin that "Operation Safe - Skate" had been enacted to h control the reckless use of roller skates and thi the City Council is waiting to see the success of said operation before adopting additional roller skate regulations and that the City Council speci fically requested that the Planning Commission fo ward to them a recommendation for Use Permit cont of roller skate rentals. Commissioner Balalis asked to address the issue c the Use Permit itself, suggesting consideration e 1) hours of operation, which he felt was needed; and 2) parking requirements, which he felt were too severe. Commissioner Agee expressed his concern regarding the insurance, to which Hugh Coffin, Assistant Ci Attorney, replied that Title 5 of the Code includ a series of specific regulations on specific type of businesses, several of which include ambulance taxi cabs, and tow trucks that require liability insurance and that it was the City Council's wish -14- MINUTES INDEX tem #9 AMEND u- MENT NO., 6T3 APPROVED '1 e er1 • el�t roll f f ty es s s, • L 4 COMMISSIONERS 2 C ohs Fp z� City of Newport Beach June 21, 1979 ROLL CALI !that the Planning Commission consider this as we' las some of the other factors in the Ordinance. The Public Hearing was opened regarding this iter ;and Steve Kaser, Balboa Skate Company, appeared 'before the Planning Commission to state his oppo! tion to a. Use Permit on roller skating. He state his feeling that the,establishments acommodate of a very small number of persons and that the park, ;requirement was unnecessary and he also stated h, preference for.voluntary control by the merchants ;that belong to NORMA (roller skate rental establ lments) to be given a chance to police themselves rand not bring in regulations of this proportion i a business that doesn't warrant it. In conclusii he stated that Sure -Grip, International has been .making roller skates for 38 years and have never :been sued for a product of theirs which failed ti .perform and that he felt that the roller skating industry was a safe one. In response to a question from Commissioner Bala Mr. Kaser responded that he was willing to work ward a compromise regarding hours of operation ai that he felt that 10:00 p.m. was a reasonable tie to stop daily rentals, and that they are willing incorporate some of these solutions voluntarily. .In response to a question posed by Commissioner .Agee, Mr. Kaser responded that they would like t, !request 30 days in which to voluntarily enact soi of these solutions, to which Commissioner Agee e :pressed his support. (John Strucken, Balboa Island, appeared before;th Planning Commission to communicate his involv$me in "Operation Safe - Skate" initiated by Chief Gro within Balboa Island on a trial basis, and.to'ex lain that they are preparing two reports regardi this subject.for.July 9, 1979, as per City Counc request, stating his feeling that "Operation Saf Skate" must necessarily put some kind of restrai upon the businesses to control the operations of roller - skate rental establishments, as he felt i cannot be done within each business. Sheri Silver, Secretary'of NORMA, Silver Skate C appeared before the Planning Commission to expre her concern regarding the suggested hours of ope MINUTES 1 ;i - !d ily ng s s in . in, lis :o- rd le to I ne ;s . ig . il' its t >s ra- INDEX COMMISSIONERS 9 S9 9u� �p y0 7` %�`Ap2 OCy City of Newport Beach June 21, 1979 ROIL CALL tion, stating that considering that the area is a resort area, the decision regarding late business hours for roller -skate rental establishments is not anyone's, but rather one of supply and demand and that the roller skate rental establishments would suffer financial hardship if they were not allowed to do business up until midnight, as rent do not really take place during the day. In con- clusion, she stated that it is the shops who are not dealing only in skate rentals and whose reven is not dependent only on skate rentals that are n co- operating either with NORMA or "Operation Safe Skate "; and stated her feeling that.street liabil ity is unnecessary and that the suggested parking requirement is overdone. John Shea, 2214 West Ocean Front, appeared before the Planning Commission to inform them that he ha heard that in Los Angeles roller skates had been banned from p.ublic beaches and that tomorrow the Angeles City Council would consider an emergency Ordinance to make it permanent, and to express hi concern whether those people who stand to gain fi ancially are going to set the standards for the City as to how they operate, or whether those peo who are affected by what they do are going to set the standards. Scott Halford, Ocean Front Wheel Works, appeared before the Planning Commission to state that he would like to see an evaluation of "Operation Saf Skate ", and to express his concern that in genera the Use Permit Ordinance is very unclear and need further. disucssion. Debra Allen, 1021 Whitesails, appeared before the Planning Commission to suggest that the Planning Commission explore her understanding that the sub ject of insurance came up the evening the subject was discussed at the City Council meeting surroun ing a lawsuit related to a roller skater. Mr. Halford again appeared before the Planning Co mission to state that he had attended the Balboa Improvement Society meeting last week to familiar them with "Operation Safe - Skate" and they respond that they had noticed an improvement and were ver co- operative: -16- MINUTES • INDEX , it ae ) t i Lo n- pl e- 1 s I M- ize ed Y r� U COMMISSIONERS F vii vJ� O� O 9 • a � C� `O1 ROLL Mot City of Newport Beach June 21, 1979 CALL !Commissioner Balalis stated his only concern as o regarding the hours of operation, stating his pre ference as that of 10:00 p.m. on weeknights and ;11:00 p.m. on Friday and Saturday nights, with no :overnight rentals. Richard Hogan, Community Development Director, st led that if the Commission was concerned only with ,the hours of operation or one or two other items, . such as overnight rentals, that can be accomplish by amendments to the Code, which would not requir a Use Permit, but merely regulate that type of bu ness as to its hours of operation and the overnig :rentals. Hugh Coffin, Assistant City Attorney, then ezplai ed that if the Commission was desirous of establi ling only limited regulation.s as such, the regula- tions could be placed in Title 5 of the Code, whi is a special business regulation section, and tha ithe.Planning Commission could recommend such to C Council. .Commissioner Frederickson stated his position re- garding this item, expressing his.feeling thatian ordinance of this length and detail was unnece!ssa and that the real problem concerned the hours of operatio.n. Mrs. Silver again appeared before the Planning Co mission and requested that the owners of the skat rental establishments that are in co- operation be allowed to meet together and come back at a later date to present a. compromise. Commissioner Haidinger stated that he could.not s port the balance of the Ordinance now and suggest allowing owners of the roller skate rental establ ments additional time. In response to a question posed by Commissioner Beek, Mr. Coffin responded that only the City -CoL cil can amend the Title 5 Code, and by way of an Ordinance. ion x Motion was made to continue Agenda.Item No. 101, Amendment No. 533, to the regular Planning Conimis ision meeting of July 19, 1979. i -17- MINUTES n at ed e s ht n- sh ch t it ry m- e ed is n - INDEX COMMISSIONERS vQ v QF O P p �'o s� y City of Newport Beach June 21, 1979 MINUTES ROLL CALL x Substitute Motion was made to table the Use Permit application and recommend to the City Council that Title 5 be amended to include roller skate rental establishments and that the hours be limited to 10:00 P.M. on weeknights and 11:00 p.m. on Friday and Saturday nights. Commissioner Ha.idinger commented against the subst tute motion, stating that it would be more approp- riate for them to recommend to City Council that they establish certain limits and that the City Council take into consideration the recommendation: of the association. Motion x Amendment to the Substitute Motion was then made Ayes x x x to table the Use Permit application and recommend Noes K K x x to City Council that they amend Title 5 to include roller skate rental establishments and without spe. cific mention of hours of operation. Ayes K x x Substitute Motion was then voted on, which MOTION Noes x x x x FAILED. Motion x Substitute Motion was made that the Planning Commi: Ayes x x x sion recommend to the City Council that they adopt Noes x x x Amendment No. 533, as presented by Staff, includini the second alternate on the last page and the insui ance paragraph which the City Attorney has suppliei Motion. x Original Motion was then amended and voted on that All Ayes the Planning Commission table the Use Permit appli• cation and recommend to the City Council that they consider an amendment to Title 5, including draft wording supplied by the City Attorney's office, involving hours of operation, with space available for City Council to make a determination regarding hours of operation and complete the wording,.to wit: "Hours of operation of Roller Skate Rental Establishments within the City.of Newport Beach shall operate no later than hour on weeknights and hour on weekends." -18- INDEX COMMISSIONERS o � • F v�'sf � °� oFp � �o ROLL CALL Motion Ayes Noes 0 Motion All Ayes MINUTES City of Newport Beach designed the drainage enc drainage fol in process, :the conditic i Motion was n the followir 1. That tl 19 of i ordinar or spei is sat, i i June 21, 1979 INDEX Insider an amendment to Chapter 20 of Item #10 3each Municipal Code as it pertains to ring for residential uses and the accep AMEND - :nvironmental Document. MENT NO. The City of Newport Beach IRESOLU- ide to continue this item to the regu- Commission meeting of July 6, 1979, C' 1979, amount of time remaining. JUED.TO JULY 5, * * * 1979 reate two parcels of land for single Item #3 antial development where a portion of --xists, and the acceptance of an En- RESUB- Document. DIVISIO W. 625 A portion of Lot 48, Newport Heights located at 2327 16th Street, on the APPROVE southwesterly side of 16th Street be CONDI- tween Tustin Avenue and Irvine Ave- TIONALL nue in Newport Heights. R -1 Tom W. Robinson, M.D., Newport Beach Same as Applicant Donald E. Stevens, Inc., Costa Mesa earing was opened regarding this #railer Robinson, Applicant, stated thatihe hac drainage plan in co- operation wiih the ineer, including fill and permanent lowing the soils report, which is also and also stated that he concurred with ns as set fo.rth in the Staff Report. ade that the Planning Commission make g findings: e map meets the requirements of Title .he Newport Beach Municipal Code, ill ces of the City, all applicable general .ific plans and the Planning Commission sfied with the plan of subdivision. , -19- x i ;the N Request to c was m x x x x x x xlar P Planning x ! !due t to the s ,Request t to c jfamily r resid one lot now vi.ronmental Location: Zone: Applicant: Owner: Engineer: The Public 1 !item a and Ton June 21, 1979 INDEX Insider an amendment to Chapter 20 of Item #10 3each Municipal Code as it pertains to ring for residential uses and the accep AMEND - :nvironmental Document. MENT NO. The City of Newport Beach IRESOLU- ide to continue this item to the regu- Commission meeting of July 6, 1979, C' 1979, amount of time remaining. JUED.TO JULY 5, * * * 1979 reate two parcels of land for single Item #3 antial development where a portion of --xists, and the acceptance of an En- RESUB- Document. DIVISIO W. 625 A portion of Lot 48, Newport Heights located at 2327 16th Street, on the APPROVE southwesterly side of 16th Street be CONDI- tween Tustin Avenue and Irvine Ave- TIONALL nue in Newport Heights. R -1 Tom W. Robinson, M.D., Newport Beach Same as Applicant Donald E. Stevens, Inc., Costa Mesa earing was opened regarding this #railer Robinson, Applicant, stated thatihe hac drainage plan in co- operation wiih the ineer, including fill and permanent lowing the soils report, which is also and also stated that he concurred with ns as set fo.rth in the Staff Report. ade that the Planning Commission make g findings: e map meets the requirements of Title .he Newport Beach Municipal Code, ill ces of the City, all applicable general .ific plans and the Planning Commission sfied with the plan of subdivision. , -19- COMMISSIONERS City of Newport Beach June 21, 1979 ROIL CALL 2. That the proposed resubdivision presents no problems from a planning standpoint inasmuch as the existing drainage problem will be cor rected and a conforming garage will be con- structed on Parcel No. 1. 3. That two nonconforming residential units are now located on the subject property. The pr posed parcel map will eliminate said subject property. The proposed parcel map will. elim nate said existing nonconforming situation, since - only a single family dwelling will be maintained on each parcel as permitted in. th R -1 District. 4. That the nonconforming yard encroachments cr ed by .this,resubdivision may be eliminated b the removal of the existing structure on Par No. 2 and the construction of a conforming dwelling and garage. 5. That if the exception were denied the petiti er would be deprived of a substantial proper right enjoyed by others in the area. 6. That the granting of this excepti.on is compa ible with the objectives.of the regulations verning light, air and the public health, sa ty, convenience, and general welfare. 7. That the proposed resubdivision is in confor mance with the General Plan, and that the pr posed development is compatible, with the ob- jectives, policies, general land uses and pr grams specified in said plan. 8. That there are special circumstances or con- ditions affecting the property. and approve Resubdivision No. 625, subject to the following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as requ ed by ordinance and the Public Works Depart- ment. -20- MINUTES • INDEX o- i- e ea y ce on ty t- go fe o- o- it •I COMMISSIONERS ROLL 0 City of Newport Beach June 21, 1979 CALL 3.. That street improvements (curb, gutter, side walk and pavement widening) be constructed along the 16th Street frontage to the design standards and requirements of the City of Costa Mesa. 4. That the sewer service be in accordance with the requirements of the Costa Mesa Sanitary District. In addition, individual sewer lateral connections shall be provided from public line to each dwelling unit, and that necessary, the appropriate sewer easement b shown on the parcel map to reflect the pres- ence of existing laterals. 5. That domestic water service be provided by City of Newport Beach. In addition, each 1 shall have a connection to the existing p�ubl water main to the satisfaction of the Public Works Department; and the services shall be stalled under an encroachment permit obtain from the City of Costa Mesa. 6. That an easement for ingress and egress be p vided across Parcel No. 2 for the benefit of Parcel No. 1. 7. That a drainage study be prepared and any drainage problems identified be corrected '. tc the satisfaction of the City's grading engi n 18. That the existing structures on Parcel No, removed. 9. That a two -car garage shall be constructed Parcel No. 1. A corner of said addition sh all be permitted to encroach to within 4 feet o the.southwesterly corner of Parcel No. 1 as dicated on the approved plot plan if the co ner cutoff is required to provide adequate cess to the proposed garage.on Parcel No. 2. 0. That an agreement and surety be provided to guarantee completion of the public improve- ments. 1. That if it is the desire of the applicant V record the Parcel Map prior to the construci -21- . MINUTES the if e the of is rn ed ro ee 2 b on f in r- ac- :i INDEX COMMISSIONERS V0 v9�Fm� F 10 $ Q1. 1 City of Newport Beach June 21, 1979 ROIL CALL of the required drainage improvements, the proposed garage on Parcel No. I and the demo lition of the existing garage and dwelling o Parcel No. 2, an agreement and surety shall be provided to guarantee demolition of exist ing structures and construction of required improvements. ADDITIONAL BUSINESS: Motion x Motion was made to set for discussion.at the Stu All Ayes Session of July 19, 1979, "Residential Developme Standards ". There being no further business, the Planning Con mission adjourned at 11:25 p.m. GEORGE COKAS, Secretary City of Newport Beach Planning Commission GC /gg -22- MINUTES INDEX ADDI- TIONAL Stud BUSINESS nt 0