Loading...
HomeMy WebLinkAbout07/17/1975COMMISSIONERS CITY OF NEWPORT BEACH � m � Regular Planning Commission Meeting ^ £ ? m v Place: City Council Chambers A Time: 7:00 p.m. Qcareu T Date: July 17, 1975 MINUTES Present X 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 Joanne Bader, Secretary ELECTION OF OFFICERS Planning Commission voted on their annual election of officers by secret ballot. The results are as follows: Don Beckley was nominated and elected for the • office of Chairman. Jacqueline Heather was nominated and elected for the office of First Vice Chairman. William Agee, James Parker and Ray Williams were nominated for the office of Second Vice Chairman. Planning Commission then voted between these three nominees; however, a majority vote was not received. William Agee then withdrew from nomination. Planning Commission then voted between James Parker and Ray Williams. Ray Williams was elected as Second Vice Chairman. Motion X James Parker was nominated and elected by All Ayes proclamation for the office of Secretary. Motion X Minutes of the regular meeting of June 5, 1975 All Ayes were approved as written with the revision that Permit #1756 for the Bank of Newport also include the acceptance of the environmental impact document. • * * * * * ** -1- so COMMISSIONERS CITY OF NEWPORT BEACH '1mD m °y mf f+ p m r m v P L Motion Ayes Abstain • U MINUTES July 17, 1975 X Minutes of the regular meeting of June 19, 1975 X X X X X X were approved as written. Commissioner Beckley X abstained as he was absent from that meeting. * * * * * * * ITEM #1 RESUB. Request to create one parcel of land for nursery development where two parcels now NO. 485 exist: APPROVED Location: Parcels 1 and 2 of Parcel Map 61 -41 CONDI= (Resubdivision No. 401), located at TIONALLY 2301 San Joaquin Hills Road, on the southerly side of San Joaquin Hills Road between MacArthur Boulevard and proposed New MacArthur Boulevard in Harbor View Hills. Zone: R -A Applicant: Roger's Gardens - Newport Center, Newport Beach Owner: The Irvine Company, Newport Beach Engineer: Raub, Bein, Frost &.Associates, Newport Beach Commissioner Hazewinkel stepped down from the dais and refrained from deliberation on this item due to a possible conflict of interest. Public hearing was opened in connection with this item and Bill Frost, of Raub, Bein, Frost & Associates, appeared before the Planning Commission on behalf of the applicant. He questioned Item No. 2 in the staff report recommended conditions which reads as follows: "2. That the remaining public improvements (including curb and gutter, ten foot wide sidewalk /bikeway, and pavement adjustments) along the Old MacArthur Boulevard frontage be completed." (Underscore added) Mr. Frost advised that he thought this was an eight foot sidewalk. He then concurred with the remainder of the staff report. City Engineer Nolan advised that this dimension can be eliminated from the wording of the condition of approval because it is a matter -2- COMMISSIONERS CITY OF NEWPORT BEACH m n 3 e's rAl M P N July 17, 1975 MINUTES. mvcn of design and he didn't feel it needs to be included in the Planning Commission conditions. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make Ayes X X X X X X the following findings: Abstain X 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvements 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 design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure • fish or wildlife or their habitat. 5. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 6. 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. 7. 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. 485 (revised) subject to the following conditions: 1. That a parcel map be filed. . 2. That the remaining public improvements (including curb and gutter, sidewalk /bikeway, and pavement adjustments) along the Old MacArthur Boulevard frontage be completed. -3- • COMMISSIONERS Z P N � T CITY OF NEWPORT BEACH July 17, 1975 MINUTES r ,nvcn 3. That a standard subdivision agreement and security be provided to guarantee satisfactory completion of the required improvements along Old MacArthur Boulevard if it is desired to record the parcel map before the improvements are constructed. 4. That the dedication of vehicular access rights as set forth in the conditions of approval for Resubdivision No. 401 be accomplished. Commissioner Hazewinkel returned to the dais. ITEM #2 Request to establish one building site and eliminate interior lot lines where four lots RESUB. now exist so as to permit the remodeling of the NO. 493 existing commercial building on the property. APPROVED Location: Lots 4, 5, 6, and 7, Block 120, CONDI- First Addition to Newport Beach, TIONALLY located at 112 McFadden Place, on the northeasterly corner of McFadden Place and Court Street in McFadden Square. Zone: C -1 Applicant: Jerry Shoffner Company, Newport Beach Owner: Raymond Smith, Balboa Island Engineer: J. Shoffner Associates, Newport Beach Public hearing was opened in connection with this item and Raymond Smith appeared before the Planning Commission and said that the vested owner is Marian M. Smith. He then informed the Commission that the building is not going to be enlarged but merely cleaned up; i.e., the building,will receive a new face, be rewired and replumbed. He then advised that if they decide to do anything else to the building, they will go through the appropriate channels. There being no others desiring to appear and be heard, the public hearing was closed. -4- COMMISSIONERS qm = =�m4 x Motion All Ayes E CITY OF NEWPORT BEACH MINUTES July 17, 1975 .0 Aev X Motion was made that Planning Commission make the following findings: 1. That the proposed map is consistent with applicable general and specific plans.. 2. That the design or improvements 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 design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 6. 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. . 7. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing require- ments 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. 493, subject to the following condition: 1. That a Parcel Map be filed. ITEM #3 Request to establish one building site and RESUB. eliminate an interior lot line where two lots #494 now exist so as to permit the expansion of the existing commercial building on the property. APPROVED CONDI- Location: Lots 1 and 2, Block W, Tract 323, TIONALLY located at 3700 East Coast Highway, on the northeasterly corner of East Coast Highway and Poinsettia -5- COMMISSIONERS CITY OF NEWPORT BEACH T A m mm4 = m < v RA4rAL' " p N July 17, 1975 MINUTES E r IND X Avenue in Corona del Mar. Zone: C -1 Applicant: Honey Baked Ham, Inc. (Craig Martin), Corona del Mar Owner: Dr. Earl Brady, Corona del Mar Public hearing was opened in connection with this matter and Craig Martin, Vice - President of Honey Baked Ham, Inc. appeared before the Planning Commission and questioned why a Use Permit could be required if Amendment No. 447 is adopted. There being no others desiring.to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make All Ayes the following findings: • 1. That the proposed map is consistent with applicable general and specific plans. 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 design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 6. 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. • 7. 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 -6- 0 0 COMMISSIONERS CITY OF NEWPORT BEACH 9G1 '^ ➢ m D m �L i i A A N m Julv 17. 1975 MINUTES ,uncv Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. and approve Resubdivision No. 494, subject to the following conditions: 1. That a Parcel Map be filed. 2. That a 15 foot radius corner cutoff at Poinsettia Avenue and East Coast Highway be dedicated for public street and highway purposes. ITEM #4 Request to create three parcels of land for RESUB. residential development and an easement for NO. 495 street purposes to be dedicated to the City of Newport Beach where four lots, a portion of Nordina Street (vacated) and a portion of a CONT. TO vacated alley now exist. 1975 Location: Lots 7, 8 and 9, Block 11 of the Seashore Colony Tract, Lot 1, Block G of the E1 Morrow Tract, a portion of Nordina Street (vacated), and a portion of a vacated alley, located at 209 Highland Street, on the westerly side of Highland Street, northeasterly of West Coast Highway in Newport Shores. Zone: Specific Area Plan No. 4 Applicant: Dana Smith, Newport Beach Owner: Texaco, Inc., Newport Beach Engineer: Raub, Bein, Frost & Associates, Newport Beach Community Development Director Hogan reviewed this request with the Commission. Mr. Hogan advised that staff has worked with the engineer and developer on this property to accomplish a development which would be consistent with the Specific Area Plan and would allow for future development of the property both to the north and south, provide access to that property and make it possible to get in and out of that property, and to go to and from Coast Highway in the future without providing any substantial -7- COMMISSIONERS CITY OF NEWPORT BEACH n m m f S A ore„ T p N July 17, 1975 MINUTES uncv additional access points to Coast Highway. Public hearing was opened in connection with this item and Dana Smith, applicant, appeared before the Planning Commission and gave a summary as to how this proposal was arrived at. He then answered questions of the Commission pertaining to the request. Hal Pembroke, a joint owner of the property to the north and to the east along with C. H. Hunt and Mamie Hunt, appeared before the Planning Commission and voiced disappointment that he was not advised of this meeting even though his property would be affected. He stated that if this request is approved, his land would have a servitude or burden on it. He further stated that if the Planning Commission proceeds to get this request approved, a court action can be expected. He then requested that this matter be continued to the next meeting. Assistant Community Development Director - . Planning Hewicker advised Mr. Pembroke that a notice of this public hearing was sent to Clarence H. Hunt at 7204 Coast Highway. Community Development Director Hogan advised that the entire reason for David Drive is for the advantage of the properties owned by Mr. Pembroke and the Hunts. He further advised that David Drive would assure that Mr. Pembroke and the Hunts can, in the future, develop the property, have access to their property and have access to the east if they so desire. M. D. Turbow, owner of a piece of property on Highland Avenue, appeared before the Planning Commission and questioned where the people who visit the residents of the duplexes will park; questioned whether any provisions have been made for additional parking; and questioned whether parking would be permitted on Highland. Mr. Turbow requested a continuance of this public hearing to allow sufficient time for staff to restudy his questions and be able to answer them in greater detail. • Mamie M. Hunt, owner of the Beach and Bay Mobile Home Park, appeared before the Planning Commission and commented on the traffic congestion in the area and the lack of parking.. -8- COMMISSIONERS CITY OF NEWPORT BEACH £ MINUTES � Z P F N on'w,� m .l ulv 17_ 1Q75 Ms. Hunt felt that something should be done for the traffic. She then voiced disappointment that David Drive is proposed to be placed on her property. She did not feel this street is. needed. She then stated that if the time comes that she desires to do something with her property, she'd like to decide what that will be instead of others deciding for her. She then advised that if David Drive is not removed from her property, she will advise her attorney. Bill Frost, of Raub, Bein, Frost & Associates, appeared before the Planning Commission and stated that this project evolved after many studies and that they felt they were accommodating the Hunts. Mr. Frost felt that this is the best plan for Highland and ultimately the best plan for the area and the Hunts. J. Kalin, Corona del Mar interested bystander, appeared before the Planning Commission and commented that he feels this plan would have a very nice frontage; however, he voiced concern • about where the guests will park. He stated that it looks as though there is no place for the guests to park adjacent to these buildings since there will be curb breaks all along Highland and since the street would not be wide enough to park along David Drive, nor along Nordina Street. He stated that it appears to him that this burden of extra cars would have to be thrown onto adjacent neighborhoods unless there is something else done to provide curb- side parking or off - street parking. Bill Frost then advised that two car covered spaces per unit are planned. Bill Bandaruk, Newport Shores homeowner and Civic Affairs Chairman of the Executive Board of Newport Shores, appeared before the Planning Commission and advised that his position is an elective one and represents approximately 450 homes. He stated that he has been asked to appear and encourage this development. He stated that his organization feels that this area does need some kind of improvement; therefore, they encourage the Planning Commission to go • along with a good appropriate development. Mamie Hunt, reappeared before the Planning Commission and stated that she thinks many people will be owning these duplexes and advised -9- COMMISSIONERS CITY OF NEWPORT BEACH • Motion Motion All Ayes • MINUTES < Z A F V July 17, 1975 that she did not feel that is going to help Newport Shores. She stated that they are happy with things the way they are and repeated that if the map isn't changed, there will be a lawsuit. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the desirability of continuing this item to a later date to allow adequate time for staff to communicate with the Hunts and Mr. Pembroke; consider the effect as far as the Specific Area Plan is concerned; take into consideration any location for additional parking; talk with the Fire Department and get a report as to whether they can satisfactorily service David Drive from a fire - fighting point of view; consider the possibility of turning the duplexes around to make' a fuller utilization of the surface streets, to give an opportunity for some of the people they have not heard from on the east of Highland who are affected by this to appear and to receive an indication as to how this property fits into the Specific Area Plan. X Motion to continue this matter to August 7, 1975. X Amended motion was made to reopen the public hearing and continue it to a public hearing on August 7, 1975. Planning Commission recessed at 9:00 p.m. and reconvened at 9:25 p.m. ITEM #5 Request to amend a previously approved use permit for the Warehouse Restaurant so as to permit dining and special events including live USE PER - MIT #1711 entertainment in the open patio area adjacent to the restaurant. APPROVED CONDI- Location: Parcel l of Parcel Map 63 -11 (Resub- TIONALLY division No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue in Lido Village, Zone: C -1 -H Applicant: Donald M. Koll, Newport Beach -10- COMMISSIONERS CITY OF NEWPORT BEACH p N oAWeI I July 17, 1975 MINUTES ,nvcn Owner: June Johnson and Calvin Rohrs, Newport Beach Public hearing was opened in connection with this item and Tim Strader appeared before the Planning Commission on behalf of Don Koll and concurred with the staff report. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that the Planning Commission All Ayes make the following findings: 1. That the proposed development is compatible with the Land Use Element of the General Plan. 2. That the introduction of live entertainment on the patio will not be detrimental to. any surrounding land uses so long as the proposed use is limited to the hours of • 10:00 a.m. and 10:00 p.m., daily,, and that brass instruments no sound amplification or shall be permitted at any time. 3. That there is adequate parking in the Lido Village parking structure for the proposed expansion of the dining area onto the open patio adjacent to the restaurant. 4. The approval of Use Permit No. 1711 (Amended) will not under the circumstances of this case be detrimental to the health, safety, peace, moral comfort and general welfare of persons residing and,working in the neighborhood or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City. and approve Use Permit No. 1711 (amended) subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan. 2. That the number of seats in the restaurant and on the deck or patio shall not exceed • 277 seats during the lunch hour on week days nor more than 524 seats at night or on weekends. 3. That the live entertainment on the patio -11- COMMISSIONERS CITY OF NEWPORT BEACH 0 Motion All Ayes • C M 2 Y m£ 4 i F y MINUTES Z A p N July 17, 1975 shall be limited to the hours of 10:00 a.m. and 10:00 p.m. daily, and that no sound amplification or brass instruments shall be permitted at any time. ITEM #6 Request to permit live entertainment in USE PER - conjunction with a private club on the third floor MIT of the five story Koll Building in Lido Village. # -1758 Location: Parcel 1 of Parcel Map 60 -43 CONT. TO (Resubdivision No. 433) located at AUG. 7, 3390 Via Lido, on the northeasterly 1975 side of Via Lido, southeasterly of Via Oporto, in Lido Village. Zone: C -1 -H Applicant: Tiffany's Astrological Club, Inc. of Newport Beach, Newport Beach Owner: Don Koll Co., Newport Beach X Motion was made to continue this item to August 7, 1975. ITEM #7 Request to amend portions of Districting Maps AMEND - Nos. 18, 19 and 20, and amend Section 20.12.060(c) MENT of the Municipal Code, so as to establish an #446 increase in rear yard setbacks on properties adjacent to Buck Gully. DENIED Initiated by: The City of Newport Beach Assistant City Attorney Coffin advised that it is the opinion of the City Attorney's office that the ordinance as proposed with the maximum building setback can sustain a constitutional challenge based upon misapplication of police power or inverse condemnation. Community Development Director Hogan advised that he met with the homeowners' groups who own the homes along the east side of Buck Gully south of Coast Highway. He stated that in attendance at that meeting were a homeowner from the area on the northeast side of Buck Gully representing that homeowners' association, and one homeowner from the west side of Buck -12- ;OMMISSIONERS CITY OF NEWPORT BEACH n m 916rAlI m m N July 17, 1975 MINUTES Gully south of Coast Highway representing . a group of homeowners in that area. He advised that the unanimous opinion at that meeting was that the homeowners did not want this proposal adopted. He advised that they felt the provisions of the C.C. & R.'s in those homes on the east side of the Gully adequately protected the homeowners in that area and would prevent the detrimental development of Buck Gully as far as the extension of the homes into the lower portion of the area, and on the west side, particularly south of Coast Highway, that there would not be enough land beyond the homes that presently exist within the lots as they presently exist to create any problem as far as an invasion of Buck Gully. Community Development Director Hogan reviewed the purpose of this proposal, i.e., to prohibit the development of buildings in the Buck Gully area which would interfere with the maintenance of that area in open space and would interfere with the adjacent properties • as far as having developments that would inhibit the views down the Gully towards the ocean. from the properties and the area as it runs to the north. He advised that the intent is to main- tain Buck Gully as natural open space from now on. Public hearing was opened in connection with this item and Per Trebler, President of the Shorecliff's Homeowners' Association appeared before the Planning Commission. He advised that at the last Planning Commission meeting he spoke and presented to the Planning Commission that the Association felt their C.C. & R.'s would do the job. He advised that since that meeting, the Shorecliff's Association held a meeting at which Community Development Director Hogan and Senior Planner Dmohowski and other representatives were present. Mr. Trebler advised that the Association's suggestions are to amend the General Plan to preclude the use of the Gully for either bicycle trails or hiking trails; - that the easements, that are presently owned by the City, be abandoned and returned to the owner- ship of the adjacent property owners; and that the Planning Commission reject the ordinance • presently before them. He then advised that one of the strongest feelings indicated at this meeting was the fact that they felt there was a taking of an incident of ownership of this -13- COMMISSIONERS T T £ = m < Y Piiftre.,, m A N CITY OF July 17, 1975 NEWPORT BEACH MINUTES property without compensation. He then answered questions of the Commission. Bob Scholler, past President of the Shorecliff's Association and current Vice- President of the Marine Studies Institute, appeared before the Planning Commission. He advised that the Shorecliff's Association is a group of 140 home= owners. He gave a slide presentation which showed the Buck Gully area. He spoke on the fire hazard in the Gully and stated that he knows of no good place for a bicycle trail. He discussed Sam's Seafood Restaurant and advised that the landscaping hasn't been kept as promised. He then discussed the marshy area next to the dam and stated that people could be swallowed into it. N. Bailey, President of Corona Highlands Associ- ation, appeared before the Planning Commission and advised that the members of the Association are concerned with having property rights taken • away from them. He advised that their greatest concern is the proposal of a nature walk down Buck Gully and probably eventually down Morning Canyon. He stated that this would adversely affect the preservation of the natural area. He stated that this is a fragile area with small animals and he voiced concern that the construction of a nature path is going to upset the very nature that it is intended to preserve. He stated that he hopes the General Plan will be amended and that the idea of the setback will be eliminated. He further stated that of the 30 persons with whom he spoke, no one was for the setback ordinance or for the nature path. Roger Hardacre, 306 Hazel Drive, appeared before the Planning Commission representing a new association presently called "Friends of Buck Gully ", which includes people on the west side of the Gully on Hazel Drive, both above and below Coast Highway, and also some on Poppy. He advised that of the 40 persons with whom he has spoken in two meetings, with the exception of one, all were opposed to this proposed ordinance. He stated that the one individual who favored the ordinance was of the opinion • that by so doing he would prevent any public use of this canyon and preserve its natural state. He advised that this group is also in favor of an amendment to the General Plan and -14- COMMISSIONERS CITY OF NEWPORT BEACH ➢G1 T D t$t� D m �L ,mi, Yc T a 7c t m y `%c 4 on�su T p m July 17, 1975 MINUTES uncv abandonment of the Glenn Drive right -of -way. He stated that his group wants the Gully preserved in its natural state. Gerard VanHoven, resident of Corona Highlands and member of the Bicycle Trails Committee appeared before the Planning Commission and stated that he feels it would be a bad step to turn back an easement. He stated that he is not in favor of the ordinance but does feel it would be a positive thing to have some. public access to the easements because they would be cleaner and look considerably better. Bernard Berg, 532 Hazel Drive, appeared before the Planning Commission and stated that he feels that when there is such unanimity among the property owners, a Commission, whether appointed or elected, should consider the wishes of the property owners. Roger Hardacre, reappeared before the Planning Commission, and advised that nearly everyone • on the Hazel Drive side of the canyon has done extensive planting of trees, bushes, scrubs, etc. in the canyon which go a long way toward holding the earth and also contribute to its general beauty. Mr. Bailey reappeared before the Planning Commission and clarified the Corona Highlands Association's position regarding the easement. He stated that they did not feel that anything is wrong with the easement as far as they are concerned, but they do not want it open to the public. Harold Schollog, 242 Evening Canyon Road, appeared before the Planning Commission and discussed the fire and flood hazards of the area. He spoke in opposition to a bikeway or walkway that is going to wipe out the existing vegetation and make an open pathway for rushing water to go down. There being no others desiring to appear and be heard, the public hearing was closed. Molan X Following discussion concerning the opposition All Ayes of the homeowners in the area, motion was made that Amendment 446 be denied. Planning Commission requested that staff confer -15- COMMISSIONERS CITY OF NEWPORT BEACH yG1 ^' ➢ m D m �t T r T p m t Y p F CALL Motion . All Ayes is 0 MINUTES July 17, 1975 ,uncv with the Parks, Beaches and Recreation Commission regarding the possible General Plan Amendment so that. when the time comes to vote on this, the Planning Commission will have Parks, Beaches and Recreation's input. X Motion was made to include in the October, 1975 General Plan Amendment Session, a possible amendment to the General Plan to do away with the hiking and bicycle trails as requested by the Shorecliff's Homeowners' Association. Planning Commission advised that there should be some follow -up input from the Shorecliff Homeowners' Association in regard to this General Plan Amendment request. ITEM #8 Request to amend Title 20 of the Newport Beach AMEND - Municipal Code by adding Section 20.08.290, which MENT would require a use permit for new development #447 within areas designated for a Specific Area Plan by the General Plan for which a Specific Area CONTINUE[ Plan has not been adopted. TO AUG. 7, 1975 Initiated by: The City of Newport Beach Community Development Director Hogan advised that the Planning Commission has, in the past, been concerned with developments that they see occurring as a result of building permit applications within Specific Area Plan areas and wondered whether the plans and the buildings that were being developed would be consistent with the Specific Area Plan at the time it is developed. He further advised that this proposal would require that any new developments would be brought to the Planning Commission for review if it does occur within a Specific Area Plan area prior to the adoption of the plan. He stated that it would create a burden on the property owners within these planning areas that they do not presently have. He then advised that there is one other possible approach and that is that perhaps we could have a plan review which would not place such a great burden. He stated that the problem with that is that it would not be a matter of public hearing and there would be no opportunity for any other property owner within the Specific Area Plan to know about it or comment on it. It would just mean that the property owner -16- COMMISSIONERS CITY OF NEWPORT BEACH m D p � P � RASCAL, Z ^` July 17, 1975 MINUTES NDEX r , in question would bring his plans to the Planning Commission for their review and revision or approval. Mr. Hogan stated that he did not know whether the second approach would be acceptable from a legal point of view. Mr. Hogan then reviewed the exceptions as listed in the proposed ordinance and answered questions of the Planning Commission. Assistant City Attorney Coffin advised that the basic reason the City Attorney's office has, in talking this over with the Community Development Department staff, recommended the Use Permit procedure is to give the Planning Commission the legal tool that they would need in order to deny or modify an application. He advised that anything less than the Use Permit procedure would raise questions as to legal effect of an action denying or conditionally approving an application. Planning Commission discussed the possibility of structuring an ordinance applying to Specific • Area Plan areas where the plan hasn't been develope yet, that would call for plan review and leave to the discretion of the Planning Commission whether it would require a Use Permit. Assistant City Attorney Coffin discussed the above possibility in relation to possible problems with the equal protection provisions of the Constitution. Public hearing was opened in connection with this item and there being no one desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the possibility of developing an ordinance that would allow them to just run a plan check that would screen all of the applications and that most would not have to go through the Use Permit procedure, but for those that are questionable, to work it out so the Planning Commission can Have the discretion of requiring a Use Permit, and they would be the ones that would be subjected to the public hearing process. • Planning Commission discussed the possibility of restudying this and possibly allowing the Assistant City Attorney to check into some of the intermediate alternatives. -17- COMMISSIONERS CITY OF NEWPORT BEACH n m � i m Motion Motion Ayes Noes 0 Motion Aloye s MINUTES Julv 17, 1975 Motion was made to continue to the meeting of August 7, 1975, consideration of this item with possible modifications. Commissioner Heather advised that she would not support this motion because she feels this amendment is needed and that she thinks it will give the Planning Commission the incentive to move ahead on Specific Area Plans. She advised that she sees some concerns and thinks that the City can always repeal this amendment if it proves to be too burdensome. She stated that the Planning Commission had a concern that prompted them to ask the staff to bring it to them and would hate to see the Planning Commission move to a less strong position. Motion to continue to the meeting of August 7, X X X X X 1975, consideration of this item with possible X modifications. ITEM #9 Request to amend Title 20 of the Newport Beach AMEND - Municipal Code by amending Section 20.07.040, MENT pertaining to the Open Space Option requirement #448 of the Residential Development Standards. APPROVED Initiated by: The City of Newport Beach Public hearing was opened in connection with this item and there being no one desiring to appear and be heard, the public hearing was closed. Chairman Beckley reviewed the aspects that brought this request to the Planning Commission; i.e., that the Planning Commission has been faced with property fronting on open space, bay or the ocean where they would be asking a single property owner to step back his house six feet or more behind the view line that goes with public properties. He added that, in effect, the purpose of the Open Space Require- ment is met by virtue of the location and nature of the property. X Motion that Amendment No. 448 be adopted. -18- 0 • COMMISSIONERS M A � T CITY OF NEWPORT BEACH July 17, 1975 MINUTES r .n vcn ITEM #10 Consideration of a possible amendment to the Circulation Element as it pertains to Coast GENERAL Highway in Corona del Mar (easterly of MacArthur PLAN Boulevard). AMEND - MENT #24 Initiated by: The City of Newport Beach REFERRED Community Development Director Hogan advised TO E.A.C. that this item was initiated at the direction of the Planning Commission for the consideration of a possible amendment to the Circulation Element as it pertains to Coast Highway within the Corona del Mar area. He stated that the staff has not developed any additional information regarding traffic projections that was not developed at the time of the adoption of the Circulation Element by the Planning Commission and City Council. He advised that the area between Newport Beach and Laguna Beach is presently undergoing planning consideration and plans are being developed for that area. Mr. Hogan stated that we do not, at this time, know exactly what the development will be in that area, but public hearings will begin in the near future on that plan at the county level. He advised that whatever is adopted in that plan will affect traffic generation that could affect the Circulation Element of the City of Newport Beach along Coast Highway. He then stated that in all the plans that are under consideration in the south county area by the Southeast Orange County Circulation Study group, a plan for the extension of the Corona del Mar Freeway or a similar traffic- carrying facility is included. He further advised that this downcoast extension is vital to the City of Newport Beach as it would greatly affect traffic on Coast Highway. He stated that the City Council has directed that further stu.dies be made of Coast Highway in the area of Mariners' Mile with the thought that we do not yet know the intensity of .proposed development in the area southeast of the City and there is a possibility that that area might not be developed at the intensity that was visualized at the time of the Alan M. Voorhees Study on which our Circulation Element is based, and the fact that there has been a change in automobile usage as a result of changes in fuel prices and the availability of fuel which may result in a lesser usage of the automobile than was visualized at the time of the Alan M. Voorhees Study. He stated that there are several changes that -19- COMMISSIONERS CITY OF NEWPORT BEACH Dn M D T D M �L m f� r MINUTES DAD,.,. i m p p N July 17, 1975 ' 119 VCA are now in the works and that staff does not know what the effect of all these changes may be and consequently can't predict what their effect will be on traffic considerations until they have gone a little further. He advised that the best information that we presently have on which to base any decision is the information that-we had from the Alan M. Voorhees Study. He stated that consequently, the Planning Commission may wish to give some thought as to whether they want to consider a recommendation as to a change in the Circulation Element at this time. Public hearing was. opened in connection with this item and G. R. Blakemore, President of the Harbor View Hills Community Association,.appeared before the Planning Commission and questioned whether the Planning Commission will be talking about 5th Avenue or whether they are only going to be talking about what should be done with East Coast Highway. Community Development Director Hogan advised • that the Planning Commission has the legal ability to consider any change that would affect Coast Highway as it goes through Corona del Mar including any alternatives. Commissioner Parker advised of his reasoning behind his motion to bring this before the Planning Commission. He stated that it became apparent to him, and he believes "to some others, that a number of facts upon which our original conclusions were based were perhaps changing or had changed and that efforts were underway within the City to begin to use and develop areas within the 5th Avenue Corridor, thereby shutting it off as an option or possibility in the future for use as a traffic corridor. He stated that it was his intention that the Planning Commission look at the subject of the 5th Avenue bypass as an alternative among other alternatives that are available. Chris Hopper, 308 Jasmine Avenue, Corona del Mar, appeared before the Planning Commission and sub- mitted some material that she requested the Planning Commission study. Included in the • material she submitted were minutes from the Board of Directors of the Newport Harbor Chamber of Commerce reflecting that they favor a 5th Avenue bypass; letters from three /fourths of the property owners facing Coast Highway, the -20- 0 • COMMISSIONERS 7� M > m ➢ m � (1 p m , T CITY OF NEWPORT BEACH July 17. 1975 MINUTES INUCA people who own the commercial building, indicating that they feel their buildings will be empty if they have no parking. Ms. Hopper stated that some of these people are requesting the 5th Avenue Corridor and others are asking for a bypass road and don't care where it is. She stated that some of these people have heard that there will be restricted parking on Coast Highway on weekends. She then read an excerpt from Pat Marley, owner of three commercial units valued at over $300,000 indicating that he does 1/3 of his business on.Saturday and if his parking is removed on Saturday, he has only 6 parking spaces. She advised that the beach visitors occupy those spaces; therefore, he will have no business and will have no alternative but to close. She stated that letters are included in her material from Chuck and Dee Masters, George Watson, Karen Margreta and Eric Welton. She then suggested the possibility of no left -hand turns onto Coast Highway except at traffic signals until another solution is found, suggested the possibility of resyncronizing the traffic lights through Corona del Mar, suggested the possibility of more police force restriction on the one -hour parking, and suggested the possibility of extending 5th Avenue across Jasmine Creek. Connie Buck, resident of Corona del Mar on Orchid Street, directly across the street from the proposed 5th Avenue plan appeared before the Planning Commission. She advised that she is very much opposed to the 5th Avenue bypass plan. She stated that she doesn't think much is going to be accomplished by putting in that plan. She advised that she feels a better idea would be to syncronize the traffic signals. She stated that she doesn't think eliminating the Coast Highway parking will have a great affect on the businesses because there are usually a couple of parking spaces in front of the businesses. She stated that she doesn't think the majority of their business is coming from people who park along Coast Highway.. She then suggested designating a lane for busses during peak traffic hours. Bob Orman, 2615 Blue Water, Corona del Mar, appeared before the Planning Commission and advised that he has a letter from the Board of Directors, Harbor View Hills Association, -21- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES July 17, 1975 INDEX nvrw,.+u r - - - - -- authorizing him to speak for the board and members. He spoke in opposition to 5th Avenue and voiced hope that the Planning Commission will consider other alternatives. Jay Kalin, Corona del Mar, appeared before the Planning Commission and advised that he feels that the solution would be to work with The Irvine Company. Richard A. Nelson, 2008 Altura Drive, Corona del Mar, appeared before the Planning Commission. He suggested that the Planning Commission keep the option open. He stated that most of the people against this corridor are the people who live next to it, but somewhere along the line the common good has to overcome the inconvenience of the people who live next to it. Mr. Nelson did not feel the problem can be solved by forgetting about it. Stewart Woodard, Corona del Mar, spoke in favor • of keeping the option open because we cannot today will need tomorrow. judge what we Michael Gering appeared before the Planning Commission and stated that the Board of Directors hasn't been polled yet but will be polled Monday. He stated that per Ms. Hopper's presentation, it is true that in a December, 1973 meeting, it was noted that the Chamber had previously voted on this issue. He stated that at that time there were 41 directors who would have been allowed to vote had they all been present; however, at that particular meeting, 28 were present and the vote was 26 for the 5th Avenue bypass with two abstaintions. He stated that at the most recent executive committee meeting of the Chamber of Commerce, the executive committee voted to recommend to the Board of Directors that they once again support the 5th Avenue bypass mainly because they believe it is the best technical solution. He stated that for the good of the City, something along the line of 5th Avenue has got to be accomplished to alleviate the traffic problem. He further stated that if the Planning Commission is going to adopt any alternative, referral at . this time to the Environmental Affairs Committee is warranted so they can determine whether an E.I.R. is going to be necessary. He then stated that should the Planning Commission make -22- COMMISSIONERS CITY OF NEWPORT BEACH m MINUTES Z 0 A .. o w„ M July 1 7, 1975 a determination that 5th Avenue is an appropriate consideration to be considered, they would have this additional input from the E.A.C. Roy Jordano, 626 Seaward, Corona del Mar, appeared before the Planning Commission and stated that perhaps legal notice was given of this meeting, but questioned whether proper notice was given. He felt that the room would be full if proper notice had been given. He questioned what has been done to bring into being some of the adopted policies that would have gone a long way to alleviate what is now considered the summer traffic problem. He then suggested that because of the staff report indicating that there is no new data, this matter should not be left open. He then stated that if there is to be a presentation for the development of the 5th Avenue Corridor, that proper public notice be given. Gerard VanHoven, Corona Highlands, appeared • before the Planning Commission and advised that he does not live in the Corridor that is being discussed. He reviewed the Alan M. Voorhees Report statistics and advised that there is new data which isn't in the Voorhees report; i.e., cars have become smaller during that period of time, the average reduction in length of those cars is about 15% which means that when that trend really takes over and large cars start being retired, you are going to have 15% more capacity for the roads. He stated that in 1973 the Orange County Transit District in one year had a passenger capacity through Corona del Mar equal to about 400 cars. He stated that he called the O.C.T.D. recently and they said their ridership on the route has gone up 315% in the past two years. His conclusion was that this is not the time to worry about doing something there. He then stated that there are many things that are changing now that the Department of Transportation in the State of California has indicated that there will be no more money spent for building state roads. He advised that he thinks that another route through Corona del Mar, the 5th Avenue Corridor or great improvements on Coast Highway would be a magnet for traffic • and would be a magnet to draw the county road or any possible freeway down toward Corona del Mar on the old alignment. He stated that the City can be united if it goes through Bonita Canyon. -23- COMMISSIONERS CITY OF NEWPORT BEACH m m q RAALL m July 17, 1975 MINUTES INDEX r Alvan Clemence, 421 Dahlia Avenue, Corona del Mar, Vice President of the Corona del Mar Civic Association, appeared before the Planning Commission. He advised that the Association's general feeling is that a circulation plan if it were to eliminate parking and create a 6 -lane highway through Corona del Mar, would actually cut off all of the streets of Corona del Mar from access because you can't turn from a lane next to the curbs into the narrow streets that Corona del Mar has. He stated that there would only be two streets that you could get off of the highway; one is Avocado where there is no signal, and the other is Marguerite. He stated that he thinks the businesses would be ruined if the parking were eliminated on Coast Highway. He further stated that he feels sure the Civic Association would be definitely against creating a 6 -lane highway through Corona del Mar. Mr. Orman reappeared before the Planning Commission and voiced disappointment in the animosity shown at this meeting between those for 5th Avenue and those against it. He voiced hope that in the future the meetings can be conducted in a more amiable atmosphere. G. R. Blakemore, reappeared before the Planning Commission and asked the Planning Commission to consider the cost of 5th Avenue. He then questioned who would pay for it and stated that if it is expected to be the state, is there any reason to expect it to come before the money for the Corona del Mar Freeway through Bonita Canyon. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed this matter at length and indicated a desire that the public be notified that they are discussing 5th Avenue and not just Pacific Coast Highway in the future. Motion X Motion to submit the following proposed wording All Ayes to the Environmental Affairs Committee for a determination as to whether an E.I.R. is required: • Amend the Circulation Element to indicate that the 5th Avenue Corridor is technically, logically, and economically -24- COMMISSIONERS N^' m m Y . P , T Motion All Ayes Motion All Ayes Motion All Ayes CITY OF NEWPORT BEACH MINUTES lulv 17. 1975 ,uney r a feasible alternative available to the City or any other governmental agency that would elect to do so of moving traffic through that portion of Corona del Mar, and change the appropriate sections of the Circulation Element of the General Plan to reflect that among the alternatives that are feasible for moving east -west traffic through the Corona del Mar area is the development of that area that is known as the 5th Avenue Corridor. ITEM x{11 Consideration of a proposed amendment to the ENERAL Land Use and Residential Growth Elements to: LAN 1) create a "Medium- Density Residential" category, MENDMENT 0. 26 2). add a definition of "buildable acreage," and 3) revise the wording of certain sections of the Elements. CONTINUED 0 AUG. 7, Initiated by: The City of Newport Beach 1975 X Motion was made that this matter be continued to August 7, 1975. ADDITIONAL BUSINESS X Planning Commission adopted Resolution No. 926 setting a public hearing for August 7, 1975 to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to amend the parking standards for retail and wholesale stores and office buildings in the " -Z" District to make. them consistent with the parking requirements of the " -N" District. X Planning Commission adopted Resolutions Nos. 923, 924 and 925 setting public hearings for August 7, 1975 to consider an amendment to the Planned Community Development Plan for "North Ford ", "Newport Place ", and "Koll Center Newport ", respectively, as it pertains to permit procedures and off - street parking standards for restaurants. -25- COMMISSIONERS CITY OF NEWPORT BEACH m orIbrel1 - m A w Julv 17. 1975 MINUTES immy Motion X Motion that chair make the determination as to All Ayes who will be the coordinator for the Planning Commission for the bridge hearing on the 5th of August at the high school auditorium. Chairman Beckley advised that he will make the presentation. Request for new construction of approved future buildings as conditioned under Use Permit No. 1246. Franklin Howell, architect for St. Michael and All Angels Church, appeared before the Planning Commission and introduced the chair- man of their building committee, Roger Hughes. Mr. Howell stated that they would like Planning Commission approval on their progressing with Phase II of their project. He advised that Phase I included a Type 1 church building of • brick and tile at Pacific View Drive and stated that they are putting the buildings where they are shown on the master plan, the parking as shown on the master plan, and landscaping as shown on the master plan. He then reviewed the plot plan. Community Development Director Hogan advised that the issue here that staff is concerned with is that instead of this being one building in the original plan, it called for two smaller buildings in the same location and it required Planning Commission approval of any change to that plan. He advised that the change involved here is combining these two smaller buildings into one building. He further advised that the total area of the building is the same, the parking requirements are the same and all other issues are the same. Motion X Motion for approval as submitted. All Ayes There being no further business, motion wa ade • to adjourn the meeting. TIME: 12:4 fiCO • JAMES RKER, Secretary Planning Commission City of Newport Beach -26-