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HomeMy WebLinkAbout07/20/1978COMMISSIONERS City of Newport Beach °�sf 9m °ep %Q Regular Planning Commission Meeting • Place: City Council Chambers p i Date: July 20, 1978 Time: 7:00 n m. ROLL CALL Present XI Motion X All Ayes 0 Motion X All Ayes ;4 Motion Ayes X X X X Abstain X Motion X Ayes X X X X X .Abstain 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 Joanne Bader, Secretary MINUTES ELECTION OF OFFICERS Motion was made that the Planning Commission's election of officers be made verbally, rather than in writing. William Agee was nominated for the office of Chairman by William Frederickson. Motion was made that the nominations be closed. William Agee was elected to the office of Chairman. Paul Balalis was nominated for the office of First Vice Chairman by William Agee. Motion was made that the nominations be closed. Paul Balalis was elected to the office of First Vice Chairman. Timothy Haidinger was nominated for the office of Second Vice Chairman by Allan Beek. Motion was made that the nominations be closed. Timothy Haidinger was elected to the office of Second Vice Chairman. -1- INDEX ELECTION OF —OFF IERS COMMISSIONERS Z ROLL CALL Motion Ayes Abstain Motion Ayes. Abstain Motion Ayes Abstain MINUTES- 1 City of Newport Beach July 20, 1978 is was nominated for the office of )y William Agee. made that the nominations be closed. is was elected to the office of the Regular Meeting of July 6, 1978 ✓ed as written. Commissioner Beek is he was not a member of the P1.anning at the time of subject meeting. made that Staff report on the procedure 3 the Planning Commission's Rules of relative to the dates and times of )mmission meetings under Additional create two parcels of land for i development where three lots, a por Fourth lot, and unassessed City property A portion of Lot 1 and Lots 6, 7, 8, Block 218, Section B. Newport Beach, and a portion of Section 33, Township 6 South, Range 10 West, S.B.M., located at 1820 and 1822 Vilelle Place and 1819k and 1821 West Bay Avenue, on the southerly side of West Bay Avnue between 18th Street and 19th Street on the Balboa Peninsula. R -4 City of Newport Beach, Newport Beacl City of Newport Beach, Newport Beach; Charles H. Straub, Montclair; and Josephine Fulton, Newport Beach William J. McGee, Newport Beach -2- INDEX E • Y George Cok Secretary X Motion was X X X X X X George Cok Secretary. X Minutes of X X X X X X were appro X abstained Commission X Motion was X X X X X X of amendin X Procedure Planning C Business. Request to residentia tion of a now exist. Location: Zone: Applicant: Owners: Engineer: is was nominated for the office of )y William Agee. made that the nominations be closed. is was elected to the office of the Regular Meeting of July 6, 1978 ✓ed as written. Commissioner Beek is he was not a member of the P1.anning at the time of subject meeting. made that Staff report on the procedure 3 the Planning Commission's Rules of relative to the dates and times of )mmission meetings under Additional create two parcels of land for i development where three lots, a por Fourth lot, and unassessed City property A portion of Lot 1 and Lots 6, 7, 8, Block 218, Section B. Newport Beach, and a portion of Section 33, Township 6 South, Range 10 West, S.B.M., located at 1820 and 1822 Vilelle Place and 1819k and 1821 West Bay Avenue, on the southerly side of West Bay Avnue between 18th Street and 19th Street on the Balboa Peninsula. R -4 City of Newport Beach, Newport Beacl City of Newport Beach, Newport Beach; Charles H. Straub, Montclair; and Josephine Fulton, Newport Beach William J. McGee, Newport Beach -2- INDEX E • Y COMMISSIONERS. MINUTES City of Newport Beach t July 20, 1978 ROLL GALL Motion X Ayes X X X X Noes X X • 0 Community Development Director Hogan advised that the City Council has done considerable investigation relative to alternative uses of this site, including the possibility of relocating a community meeting center to the site and use of the property for public purposes. However, because of the small size of the property, it has not appeared practical to the City Council to use the site for either of these purposes. Consequently, the City Council made the determination to sell the property. 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. Motion was made that Planning Commission make the following finding: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. and approve Resubdivision No. 590, subject to the following condition: 1. That a Parcel Map be filed. INDEX Item #2' Request to establish one building site and RESUBDI- eliminate an interior lot line where.two lots now qrsffff-ffD. exist so as to permit commercial development on 597— the property. APPROVED Location: Lots 5 and 6, Block 530, Lancaster' - CUWDI- Addition to Newport Beach, located TI LLY at 509 -511 31st Street, on the northerly side of 31st Street between Villa Way and Lafayette Avenue in Cannery Village. Zone: C -2 Applicant: Peter and Betty R. Plotkin, Los Angeles -3- COMMISSIONERS MINUTES City of Newport Beach ROLL GALL Motion All Ayes July 20, 1978 Owners: Same as Applicants Engineer: Hall & Foreman, Inc., Santa Ana Public hearing was opened in connection with this item and John Leese, 105 Main Street, Balboa, appeared before the Planning Commission on behalf of the Owner. Mr. Leese felt that Approvals in Concept should be processed prior to City action on small projects so that the Coastal Commission can approve the concept of the plan prior to City action. Community Development Director Hogan explained that an Approval in Concept is a certification that all actions required by the City have been taken and are approved. Mr. Hogan further explained that the Coastal Commission requires that Approvals in Concept be granted only after all discretionary actions have been taken by the City. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that Planning Commission make the following findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivision No. 591, subject to the following conditions: 1. That a Parcel Map be filed. 2. That the existing driveway approach shall be closed up and curb and gutter and sidewalk shall be constructed. -4- INDEX • L� 0 COMMISSIONERS MINUTES City of Newport Beach M p} y p O t July 20, 1978 ROLL CALL 3. That all public improvements be constructed as required by Ordinance and the Public Works Department. 4. That a standard subdivision agreement and surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map before the improvements are completed (Parcel Map must be recorded prior to issuance of building permits.) Request to amend the Planned Community Developmen Plan for Koll Center Newport so as to permit general changes in the Land Use Map and Text. Location: The Planned Community of Koll Center Newport on property bounded by MacArthur Boulevard, • Jamboree Road and Campus Drive. Zone: P -C Applicant: Koll Center Newport Owner: Aetna Life Insurance Co., Hartford, Connecticut Assistant Director - Planning Hewicker reviewed the proposed amendments to the Planned Community, Development Plan for Koll Center Newport. Public hearing was opened in connection with this item and Ernie Wilson, of Langdon & Wilson Architects, appeared before the Planning Commission on behalf of the Applicant. Mr. Wilson advised that the current P -C Text permits consideration for the provision of additional access points from MacArthur Boulevard into Koll Center Newport for rights turns only. Mr. Wilson explained that this amendment would add the provision to also consider left turns from MacArthur Boulevard into Koll Center Newport if detailed traffic studies demonstrate same to be desirable. Mr. Wilson added that if -5- INDEX Item #3 . AMENDMENT ADOPTED A-703- COMMISSIONERS ROIL CALL Motion Motion Ayes Noes Ayes Noes MINUTES City of Newport Beach July 20, 1978 additional access points are constructed, the developer will pay the entire cost of same. There being no others desiring to appear and be heard on this matter, the public hearing was closed. Staff pointed out that if the proposed amendment relative to the left -turn lanes into Koll Center Newport is adopted and if the City staff and Caltrans staff concur with the favorable conclusions of the traffic studies, the developer would be authorized to construct the additional access points into Koll Center Newport from MacArthur Boulevard without further consideration by the Planning Commission. Motion was made that Planning Commission adopt Resolution No. 1013 recommending to the City Council that Amendment No. 508 be adopted so as to revise the Planned Community Development Plan for Koll Center Newport as.proposed by the Applicant. Substitute motion was made that Planning Commission recommend to the City Council that Amendment No. 508 be adopted so as to revise the Planned Community Development Plan for Koll Center Newport as proposed by the Applicant, with the revision that the provision for future consideration of additional left turns from MacArthur Boulevard into Koll Center Newport be deleted. This motion was made wi.th the under- standing that the traffic studies can be made; however, the developer must return to the Planning Commission for approval to construct the left -turn lanes. MOTION FAILED Commissioner Balalis' original motion was voted on and carried. Request to permit an existing patio structure and greenhouse to encroach over existing property lines. Location:_ Lots 1 3 , 1 4 , and 47, Tract No. 7052, located at 2427 Vista Nobleza on the westerly side of Vista Nobleza, westerly of Vista del Oro in North Bluffs. 6 INDEX • Item #4 MODIFI- CATION 27w— CONT. TO 8T97 COMMISSIONERS • `� s �� aQ vo ROIL CALL Motion. Al Ayes 0 0 MINUTES City of Newport Beach July 20, 1978 R -4 -B -2 P -R -D Mr. and Mrs. Theodore L. Freeman, Newport Beach Same as Applicant )mmission continued this item to the August 3, 1978. permit the remodeling and additions family dwelling in the R -2 District )llowing nonconforming features: Kisting second floor balcony and a new ncroach to the front property line kers Drive (where the Districting Map s required 5 foot front yard setback); !sting structure has a 2.92 foot west setback and a new stairway encroaches t side property line (where the Code 4 foot side yard setback); 3.) the tructure has a 3.58 foot east side yard here the Code requires a 4 foot side :k); and 4.) a one -car garage now ere the Code requires two parking The proposed development also includes uction of a 4 -car garage and a second nit that exceeds the 24/28 Foot Height District. Lot 5, Tract No. 1026, located at 3100 Breakers Drive, on the northerly side of Breakers Drive, easterly of Iris Avenue in Corona del Mar. R -2 John V. Donahue, Downey Same as Applicant iiscussion relative to the topography view effects, Code violations, and -7- INDEX Item #5 VARIANCE M—.Tm APPS TOWLY Zone: Applicants Owner: X Planning C meeting of Request to to a singl with the f 1.) the e stairway e along Brea indicates 2.) the ex side yard to the wes requires a existing s setback (w yard setba exists (wh spaces). the constr dwelling u Limitation Location: Zone- Applicant: Owner: Following of the sit R -4 -B -2 P -R -D Mr. and Mrs. Theodore L. Freeman, Newport Beach Same as Applicant )mmission continued this item to the August 3, 1978. permit the remodeling and additions family dwelling in the R -2 District )llowing nonconforming features: Kisting second floor balcony and a new ncroach to the front property line kers Drive (where the Districting Map s required 5 foot front yard setback); !sting structure has a 2.92 foot west setback and a new stairway encroaches t side property line (where the Code 4 foot side yard setback); 3.) the tructure has a 3.58 foot east side yard here the Code requires a 4 foot side :k); and 4.) a one -car garage now ere the Code requires two parking The proposed development also includes uction of a 4 -car garage and a second nit that exceeds the 24/28 Foot Height District. Lot 5, Tract No. 1026, located at 3100 Breakers Drive, on the northerly side of Breakers Drive, easterly of Iris Avenue in Corona del Mar. R -2 John V. Donahue, Downey Same as Applicant iiscussion relative to the topography view effects, Code violations, and -7- INDEX Item #5 VARIANCE M—.Tm APPS TOWLY COMMISSIONERS MINUTES City of Newport Beach ROIL CALL Motion All Ayes July 20, 1978 the proposed height of this structure as it relates to the gradient of the slope, the public hearing was opened. John Donahue, Applicant, Planning Commission and Harold Sprawl. appeared before the introduced his builder, Harold Sprawl appeared before the Planning Commission and commented that if access to the third level of this structure needs to be redesigned to conform to the Uniform Building Code, this could be done in the final plan. Mr. Sprawl then concurred with the conditions of approval set forth in the staff report. There being no others desiring to appear and be heard, the public hearing was closed. Chairman Agee acknowledged the receipt of correspondence from the Breakers Drive Association and from John and Darlene Donaldson in which they indicated their support and opposition, respectively, to the proposed variance. Motion was made that Planning Commission make the following findings: That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the applicatio which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district. In this particula case the site rises rapidly behind the existing structure and the applicant is attempting to remodel the dwelling with the least disturbance to the natural land form. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the Applicant. The steep topography of the site precludes development of a major portion of the lot and the plan as proposed provides for the least disturbance of the natural land form. IRZ L] INDEX 0 0 COMMISSIONERS City of Newport Beach July 20, 1978 ROLL CALL 3. That the granting of the requested variance and modifications will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in th neighborhood of the property of the applicant and will not under the circumstan of the particular case be materially detri- mental to the public welfare or injurious to property or improvements in the neighbor hood. The proposed construction will occur well below Ocean Boulevard and will not alter the views from adjoining properties. and approve Variance No. 1070, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. • 2. That a Grading Permit be obtained, - 3. That certification of the bluff's stability be obtained from a registered Soils Engineer. Request for exception from the requirements of Chapter 15.40 of the Newport Beach Municipal Cod (Traffic Phasing Ordinance) for proposed development in compliance with the approved Planned Community Development Plan for the Ford Aerospace site. (Use Permit No. 419). (Public Hearing). Location: Ford Aerospace property, bounded MacArthur Boulevard, Ford Road, Jamboree Road, and Bison Avenue. Zone: P -C Applicant: Ford Aerospace & Communications Corporation, Newport Beach Owner: Same as Applicant • -g_ MINUTES INDEX Item #6 EXCEPTION .REgUEST 'FROM RE UIRE- EXCEPTION by OWED- COMMISSIONERS ROLL CALL Motion Al Ayes MINUTES City of Newport Beach July 20, 1978 • Community Development Director Hogan explained that this application is a request for exception from the requirements of the Traffic Phasing Ordinance for this particular development. Mr. Hogan further explained that this project was inadvertently not included with the original report to the City Council of those projects which would be excepted because of development which is consistent with previously - approved plans Mr. Hogan advised that subject property is currently zoned P -C and that the Newport Beach Municipal Code states that when a property is zoned P -C (Planned Community), the approved Use Permit shall become the Planned Community Development Plan. Therefore, Use Permit 419, as amended, is considered to be the development plan for this property. In view of the foregoing, Mr. Hogan advised that staff is recommending that this request for exception be recognized and approved. Public hearing was opened in connection with this item and Tom Morrissey, Director of Industrial Relations for Ford Aerospace and Communications Corporation, appeared before the Planning Commission and concurred with the contents of the staff report. Mr. Morrissey also commented. that there has been substantial development in both the 100 acres of lease land and the 100 acres of land in the option area of subject site. There being no others desiring to appear and be heard on this matter, the public hearing was closed. Motion was made that Planning Commission make the following finding: The City has issued building and grading permits in conjunction with Use Permits 419, 552, 1830, and 419 (Amended) prior to the effective date of Section 15.40 of the Newpor Beach Municipal Code, and that the person to whom these permits have been issued has in good faith and in reliance upon these permits diligently commenced construction and performed and incurred substantial liabilities for work and materials therefor. No change causing a substantial increase in -10- INDEX • COMMISSIONERS MINUTES City of Newport Beach • \ \\ \ \�W�\ July 20, 1978 ROLL CALL • I1 !J traffic volumes has been made, or is proposed, in this project. This exclusion strictly applies to the original use permit which is for Industrial use. Therefore, the adopted Ford Aeronutronic Planned Community district, as approved with Use Permit 419 and subsequent approvals and amendments prior to May 8, 1978, is excepted from the provisions of Council Policy S -1 and Ordinance No. 1765, the Traffic Phasing Ordinance. It was noted by the Planning Commission that any changes which would affect the land use in this area would be approved as part of an amendment to the P -C Plan and Text. The amendment would not be reviewed in the context of the Traffic Phasing Ordinance, unless the traffic information that is developed for the proposed amendment indicates tha there would be an increase in the traffic over and above the existing development plan for which the exception is approved. Request to convert an existing automobile repair shop into a retail boat sales facility in the C -1 -H District, and the acceptance of an offsite parking agreement for a portion of the required parking spaces. Location: Lots 72 and 73, Tract No. 1011, located at 3939 West Coast Highway, on the southerly side of West Coast Highway, adjacent to Balboa Coves. Zone: C -1 -H Applicant: Glen Rankin, Pomona Owner: James Kindel, Los Angeles -11- INDEX Item #7 USE PERMIT NOT 1876 APPROVED N�DI -- Ifi ONLLY COMMISSIONERS MINUTES City of Newport Beach �qY1 July 20, 1978 ROLL CALL INDEX Public hearing was opened in connection with this item and Jim Conti, Architect, appeared before the Planning Commission on behalf of the Applicant and concurred with the conditions of approval set forth in the staff report. Jack King, Secretary of the Balboa Coves Community Association, appeared before the Planning Commission and requested that this matter be continued. This request was made so as to allow time for the Applicant to meet with the Association to consider additional conditions of approval proposed by the Association relative to noise level, prohibition of clutter on or about the premise, parking restrictions, dock use and operational characteristics of the business. Mr. King acknowledged that many of.the Association s concerns are addressed in the conditions of approval proposed in the staff report. Jim Conti reappeared before the Planning • Commission and commented that he believes the conditions of approval .set forth in the staff report adequately resolve most of the Balboa Coves Community Association's concerns and pointed out that the Applicant is interested in proceeding with this matter. Glen Rankin, Owner, appeared before the Planning Commission and requested that the Planning Commission not incorporate the conditions proposed by the Balboa Coves Community Association in the City- imposed conditions of approval. Mr. Rankin further requested that this matter not be continued. He then answered questions relative to the operational characteristics of the proposed retail boat sales facility. There being no others desiring to appear and be heard on this item, the public hearing was closed. Commissioner Beek felt that a continuance should be granted to allow time for discussion between the Association and the Applicant relative to the conditions of approval proposed by the Balboa Coves Community Association. Commissioner Beek felt that perhaps additional reasonable conditions may be suggested as a result of this meeting. Commissioner Balalis stated that it has not been the policy of the City to become involved in disagreements between. property owners and -12- COMMISSIONERS u ROLL CALL Motion Ayes Noes 11 Ix x �x x City of Newport Beach . July 20, 1978 community associations. Commissioner Balalis then pointed out that each applicant must comply legally with any C. C. & R.'s that an association has and if the applicant does not do so, the association has the right to file civil action against that individual. MINUTES INDEX Motion was made that Planning Commission make the following findings: 1. The proposed development is consistent with the General Plan and is similar to other boat sales businesses along Hest Coast Highway. 2. Adequate parking will be provided for the proposed development. 3. The project will not have any significant environmental impact. 4. The Police Department has indicated that they do not contemplate any problems. 5. The offsite parking area adjoins the remaininc portion of the subject property, and therefori is so located to be useful to the proposed development. 6. The offsite parking spaces will not create undue traffic hazards in the surrounding area. 7. The adjoining commercial lots are in the same ownership. 8. The approval of Use Permit No. 1876 will not, under the circums.tances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1876, subject to the following conditions of approval: 1. That development shall be in substantial conformance with the approved plot plan and elevations. -13- I COMMISSIONERS MINUTES City of Newport Beach ROLL CALL July 20, 1978 2. That a landscape plan shall be submitted to and approved by the Director of Parks, Beaches and Recreation. Said landscaping shall consist of minimum 15 gallon -sized trees in the proposed landscaped planter areas in addition to shrubs or groundcovers, and shall be continuously maintained. 3. That all exterior signs shall conform to Chapter 20.06 of the Newport Beach Municipal. Code. 4. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. 5. That all exterior lighting shall be approved by the Department of Community Development. 6. That no major repair of boats shall be permitted on the site unless an amended use permit is approved by the Planning Commission. 7. That an offsite parking agreement shall be approved by the City Council, guaranteeing that a minimum of 5 parking spaces shall be provided on Lot 73, Tract No. 1011, for the duration of the boat sales facility located at 3939 West Coast Highway (i.e., Lots 72 and 73, Tract No. 1011). 8. That a resubdivision shall be approved if alterations to the existing structures exceed $5,000.00 in any one -year period. 9. That any unused drives on West Coast Highway shall be closed and the curb, gutter and sidewalk be reconstructed. 10. That this.approval shall be for a period of three years, and any extensions shall be subject to the approval of the Modifications Committee. Planning Commission recessed at 8:40 p.m. and reconvened at 8:45 p.m. -14- INDEX r u COMMISSIONERS � pCS� 9is �,PiC �0 City of Newport Beach July 20, 1978 ROLL CALL Request to establish an automobile leasing and rent -a -car facility in the C -1 -H District. An exception permit to the Sign Code is also requested inasmuch as a roof sign is proposed fc identification purposes. Location: A portion of Lot 79, Tract No. 706, located at 3510 Irvine Avent on the southeasterly side of Irv1 Avenue between Bristol Street an( Orchard Drive southeasterly of tl Orange County Airport. Zone: C -1 -H Applicant: Skyway Leasing Company, Huntington Beach Owner: Rhoda Magilavy, Newport Beach • Public hearing was opened in connection with this item and Steve Ralphs, General Manager of Skyway Leasing Company, appeared before the Planning Commission and concurred with the findings and conditions set forth in the staff. report. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make tl All Ayes following findings: 1. That the proposed use is consistent with tl Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that tl do not contemplate any problems. 4. That the proposed pole sign and allowable • wall signs on the automobile leasing build will provide sufficient identification for the businesses. -15- MINUTES INDEX Item #8 USE PERMIT NO. 87— r IAPPROVED ME I TI LY e, ne . I e ie ie i ey ing COMMISSIONERS ROLL CALL MINUTES . City of Newport Beach July 20, 1978 5. That the location of the subject commercial uses does not preclude the effective use of permitted signs. 6. The approval of Use Permit No. 1877 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neigh- borhood or the general welfare of the City. and approve Use Permit No. 1877, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted in Conditions of Approval Nos. 2 and 3 below. 2. That landscape planters shall be provided in front of the proposed automobile leasing office building and along the Irvine Avenue frontage of the site. A landscape plan for said planter areas shall be submitted to and approved by the Director of Parks, Beaches and Recreation. The landscaping shall be implemented in accordance with the approved plan and the landscaping shall be permanently maintained. 3. The proposed roof sign shall not be permitted All other signs shall meet the provisions of Chapter 20.06 of the Municipal Code. 4. No major automobile repairs on rental or leased automobiles shall be permitted in conjunction with the proposed development. 5. All mechanical equipment and trash areas shall be screened from adjoining properties and from Irvine Avenue. 6. All exterior lighting shall be approved by th Department of Community Development. 7. That the proposed automobile storage and employee parking lot shall be screened with a 5 foot high solid fence or wall along -16- INDEX 0 COMMISSIONERS City of Newport Beach • \\ \ \ ® \ \\ July 20, 1978 ROLL CALL 0 • MINUTES the northeasterly side property line. Said screening may consist of wooden or metal slats on the existing chain -link fence. That all fencing located between the street and the leasing and rental offices shall be of slumpstone construction. 8. That the automobile storage and employee parking lot shall be paved with asphalt, plant mix, concrete, or other street surfacin material of a permanent nature. That a 20 -foot strip of land along Irvine Avenue be dedicated to the public for street and highway purposes. The property owner may continue to use the strip of land until it is required for street improvement. Any landscape planters on the property shall be removed at the owner's expense when said strip of land is needed by the City. 10. That this approval shall be for a period of three years, and any extension shall be subject to the approval of the Modifications Committee. Request to remodel and expand an existing non- conforming single - family dwelling and antique shop in the M -1 District. Location: A portion of Lot 3, Block 329, Lancaster's Addition, located at 505 29th Street, on the northerly side of 29th Street between Villa Way and Lafayette Avenue in Cannery Village. Zone: M -1 Applicant: Rick Lawrence, Newport Beach Owner: Same as Applicant -17- INDEX Item #9 USES ITT CONTINUED 70 AGUST 3, 1978 COMMISSIONERS MINUTES, City of Newport Beach July 20, 1978 ROIL CALL INDEX Public hearing was opened in connection with this item and James Parker appeared before the Planning Commission on behalf of the Applicant. Mr. Parker advised that this application is requesting two things: 1) that the Planning Commission ratify the building that has been done on the premises which was in excess of the build- ing permit authorizations; and 2) that the Planning Commission authorize the changes and modifications that the Applicant is proposing to incorporate in the future. Mr. Parker stressed that the Applicant proposes to use this development only as a single - family residence, even though it appears that at least three separate units are proposed. Mr. Parker advised that the proposed units are to be used by guests of the Applicant only, and that there is no intent on the part of the Applicant to rent any of the units. Mr. Parker then concurred with the conditions of approval set forth in the staff report with the exception of Condition No. 2, which provides that no windows, balconies or other openings shall be permitted within • five feet of side property lines as required by the Uniform Building Code. Inasmuch as the entire building is built either to the property line or within three feet of the property line, Mr. Parker expressed that there is no way that the property can be made to comply with this condition without demolishing the building. Mr. Parker suggested that the matter of building and fire safety be left to the Building Department and Fire Marshal, respectively, and stated that th Applicant will abide by all requirements from both to be sure that the building is safe. Planning Commission voiced concern with the exterior entrance to the upstairs units and discussed the difficulty involved in enforcing the single - family dwelling status of this proposed structure. Mr. Parker advised that the Applicant is willing to place a deed restriction on the property which would restrict the residential portion of the site to no more than a single - family dwelling. Mr. Parker pointed out that this deed restriction would not exclude the Industrial use of a portion of this property. , -18- COMMISSIONERS City of Newport Beach duly 20. 1978 ROLL CALL Mr. Parker advised that the Applicant is also Willing to record a notice to the general public advising that anyone purchasing or leasing, on a long -term basis, the subject units, will be charged with the knowledge of that restriction Planning Commission discussed the unauthorized remodeling that was done to subject structure an( the nonconforming features of this development. It was the consensus of the Planning Commission that the plans for this building should be redesigned to eliminate the exterior stairway which leads to the upstairs units so as to assure a single - family residence with guest facilities. Mr. Parker requested that this matter be continua for a two -week period so as to allow time for thi Applicant to consider the concerns of the Planning Commission and to allow time for revises . plans to be prepared. There being no others desiring to appear and be heard on this matter, the public hearing was closed. Motion X Motion was made that Planning Commission continu All Ayes this matter to the meeting of August 3, 1978. Request to construct a commercial building and convert a residential two -car garage into commercial space on property in a Specific Plan Area where a specific plan has not been adopted, and the acceptance of an environmental document. A modification to the Zoning Code is also requested, since two open parking spaces are proposed for the existing residential unit on th site (where the Ordinance requires two garage spaces for the residential use). A portion of t required commercial offstreet parking spaces are 8'4" wide spaces in tandem (where the Code requires 8'6" wide spaces independently accessib Furthermore, one of the required commercial offstreet parking spaces encroaches to the rear property line (where the Ordinance requires a 10 foot rear yard setback in the C -1 District when abutting an alley). -19- MINUTES I. ed INDEX IItem #10 SITE PLAI REVIEW N( APPROVED Zr6 ul TFWLY e he le) COMMISSIONERS ROLL CALL MINUTES City of Newport Beach July 20, 1978 • INDEX Location: Lots 9 and 10, Block 21, Newport Beach, located at 106 and "108 22nd Street, on the easterly side of 22nd Street northerly of West Ocean Front in McFadden Square. Zone: C -1 Applicant: Carl W. Ackerman, Corona del Mar Owner: Same as Applicant Public hearing was opened in connection with this item and Carl Ackerman, Applicant, appeared before the Planning Commission and introduced his architect, Mr. Dell Williams. Dell Williams appeared before the Planning Commission to address staff's recommendation that .. two garage spaces be constructed on the subject property if the Planning Commission approves this application. Mr. Williams felt that open parking in this particular area would be more desirable than enclosed spaces inasmuch as it would not obstruct light, air, circulation, policing, fire protection, and would not contribute fuel to a possible fire. In answer to a question by the Planning Commission as to why the Applicant has not decided to combine the lots so as to allow for more design flexi- bility, Dr. Ackerman explained that his Architect looked into the possibility of combining the lots and could find no advantage in doing so. Assistant Director - Planning Hewicker reviewed some of the possible advantages of combining the two small lots; i.e., 1) a commercial building would not need to be constructed directly next to a residential use on the second lot; 2) setbacks may be able to be provided that could be used for landscaping purposes, a more - attractive development, or a better parking design. Carl Ackerman reappeared before the Planning Commission and discussed the difficulty involved -20 COMMISSIONERS MINUTES City of Newport Beach • ROLL CALL n LI July 20, 1978 in developing these lots and in providing the required.on -site parking spaces. Dr. Ackerman reviewed previous plans proposed for these lots which were denied by the City. During the course of discussion, Dr. Ackerman expressed willingness to pay in -lieu parking fees if the Planning Commission deems same to be necessary. Planning Commission discussed the possibility of considering the development problems associated with these lots at a future Study Session. Commissioner Balalis suggested that consideration be given to the creation of an incentive plan which would allow bonusses for the combination of lots similar to the lots in question; e.g., zoning change, intensity increase, etc. Dell Williams advised that in his study of combining the lots, he discovered that if the present building were demolished and the total property were devoted to parking, no parking spaces would be gained. Mr. Williams felt that this proposal is very close to the best possible solution for these particular properties. Marguerite Forgit appeared before the Planning Commission and reviewed the parking problem in subject area. She felt that every commercial business should provide parking and that to not require applicants to provide parking is unfair to those individuals who were required to do so. Ms. Forgit suggested that the Applicant purchase additional land for parking purposes. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed length as the Commissioners w as to whether this matter sho inasmuch as this is an unusua perfect parking solution, or should be researched further arrive at a better plan. -21- this issue at ere divided uld be approved 1 situation with no whether this matter so as to possibly INDEX COMMISSIONERS City of Newport Beach July 20, 1978 ROIL CALL Commissioner Agee pointed out that a higher intensity of development on a small lot, in his opinion, is necessary in order to be economical viable. Motion X Motion was made that Planning Commission make Ayes X X X X the following findings: Noes X X X 1. The proposed development is consistent wit the General Plan and will not preclude the attainment of the General Plan objectives and policies. 2. That the proposed development will not preclude the adoption of the McFadden Square Specific Area Plan or be inconsiste with the objectives and policies to be contained in that plan. 3. The proposed development is a high - quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 4. The proposed development does not adversel, affect the public benefits derived from expenditures of public funds for improve- ment and beautification of streets and public facilities within the area. 5. The project will not have any significant environmental impact. 6. Adequate parking spaces and related vehicular circulation will be provided in conjunction with the development, as amend 7. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health,.safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such propos use or be detrimental or injurious to property and improvements in the neighborh or the general welfare of the City and further that the proposed offstreet parkin, spaces, as amended, on the site is consistent with the legislative intent of Title 20 of the Municipal Code. -22- MINUTES I nt ed ed D.E. INDEX • 0 11 COMMISSIONERS MINUTES o \p \� \�\ City of Newport Beach • \ \ \ \ \�p \.:, July 20, 1978 INDEX ROLL CALL and approve Site Plan Review No. 15, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted in Conditions of Approval Nos. 2, 3, and 4 below. 2. That two garage spaces shall be required to the rear of the residential unit on the property. Said garage spaces shall be utilized only for vehicular storage of the tenants of said residential use. 3. That the commercial space within the residential - commercial building shall be reduced to 500 sq. ft. or less. 4. That the design of the two garage spaces and the two.required parking spaces for • the commercial use to the rear of the residential - commercial building shall be approved by the Department of Community Development and the City Traffic Engineer. 5. That all requirements of the Uniform Building Code shall be met. 6. That all mechanical equipment and trash areas shall be screened from 22nd Street, the adjoining alleys, and properties. 7. That all public improvements be constructed as required by Ordinance and the Public Works Department. 8. That alley improvements (P.C.C. paving) be constructed, in the alley behind the property, to grades provided by the Public Works Department. 9. That the work be done under an encroachment permit obtained from the Public Works Department. 10. Staff has been given the responsibility of reviewing the parking plan and they have the authority to reduce the parking by one space if they feel the final plan would be a better, more-workable plan. -23- INDEX ROIL CALL Motion All Ayes MINUTES City of Newport Beach July 20, 1978 • Request to consider an amendment to Chapter 20 of the Newport Beach Municipal Code providing regulations for the erection, use and occupancy of relocatable buildings. Initiated by: 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. Motion was made that Planning Commission recomme to the City Council that Amendment No. 512 be adopted to add regulations pertaining to the erection, use and occupancy of relocatable buildings to Title 20 (PLANNING AND ZONING) of the Newport Beach Municipal Code. ADDITIONAL BUSINESS MotionIXI I I I I I I Commissioner Frederickson requested and received All Ayes permission to be excused from the Planning Commission meeting of September 21, 1978. Community Development Director Hogan explained that amendments or additions to the Rules may be made by four affirmative votes of.the Planning Commission at its regular meeting. He further advised that no amendment or addition to the Rules shall be made unless notice in writing of the proposed amendment or addition be filed with the Ex- Officio Secretary at the regular meeting next preceding the meeting that the motion to change is made. Therefore, if any of the Planning Commissioners wish to introduce an amendment to the Rules of Procedure, they can do so by expressing their desire for amendment in writing. -24- INDEX Item #11 AMENDMENT NU-.n2 APPROVED • is OmmiSSIONERS City of Newport Beach • July 20, 1978 ROLL CALL Motion 1, I I I I I I There being no further business, Planning All Ayes Commission adjourned at 10:45 p.m. 0 0 G R E COKAS, Secretary City f Newport Beach Planning Commission -25- MINUTES INDEX