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Home My WebLink About08/18/1977COMMISSIONERS Z 1 !L City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. Date: August 18, 1977 MOLL CALL Present XXXXXXx EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney Kenneth Perry, Assistant City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Planning Beverly Wood, Environmental Coordinator Shirley Harbeck, Secretary Motion X Minutes of the Regular Meeting of August 4, 1977, Ayes X X X X X X were approved as written. Attain X Recommendation to the City Council that the City of Newport Beach accept and agree to the conditic to which the City's requested Categorical Exclusi has been made subject. (Continued Discussion) Initiated by: The City of Newport Beach Planning Commission pointed out that excluding tt Bayshore Development from the City's requested Categorical Exclusion was initiated by the Coasts Commission and not by the City of Newport Beach. Discussion was opened to the public and there be' no one desiring to appear and be heard, the dis- cussion was closed. Motion X Motion was made that Planning Commission recommel All Ayes to the City Council that a resolution be adopted accepting and agreeing to the terms and conditiol of Categorical Exclusion Order E -77 -5 and pointil • out that the exclusion of the Bayshore Developmei from said Order was initiated by the Coastal Commission and not by the City of Newport Beach. x Page 1. MINUTES ns On e n id is ig it INORX COMMISSIONERS s s i <A. City of t �O z August 18, MOLL CALL Newport Beach MINUTES 1977 Ind #3 were heard concurrently because of Itionship. create one parcel of land for single ;idential development A portion of Lot 158, Block 53, Irvine's Subdivision, located at 930 Mariners Drive, easterly of Galaxy Drive, adjacent to Upper Newport Bay, in Dover Shores. Unclassified The Irvine Company, Newport Beach Same as Applicant Williamson & Schmid, Irvine to amend a portion of Distriction Map )m an Unclassified District to an R -1 -8 A portion of Lot 158, Block 53, Irvine's Subdivision, located at 930 Mariners Drive, easterly of Galaxy Drive, adjacent to Upper Newport Bay, in Dover Shores. Unclassified The Irvine Company, Newport Beach Same as Applicant iewed the location of the pedestrian and answered questions of the Commission to upgrading the cul -de -sac and future it of the park area. Page 2. • INOUX I RESUB- DIVISI N N_55 APPROVED cuff Di___ TAI LLLY 0 Item #3 AMENDMENT Nu:� APPROVED • Items #2 their rel+ Request ti family re! Location: Zone: Applicant Owner: Engineer: Request No. 28 fr District. Location: Zone: Applicant Owner: Staff rev easement relative developme Newport Beach MINUTES 1977 Ind #3 were heard concurrently because of Itionship. create one parcel of land for single ;idential development A portion of Lot 158, Block 53, Irvine's Subdivision, located at 930 Mariners Drive, easterly of Galaxy Drive, adjacent to Upper Newport Bay, in Dover Shores. Unclassified The Irvine Company, Newport Beach Same as Applicant Williamson & Schmid, Irvine to amend a portion of Distriction Map )m an Unclassified District to an R -1 -8 A portion of Lot 158, Block 53, Irvine's Subdivision, located at 930 Mariners Drive, easterly of Galaxy Drive, adjacent to Upper Newport Bay, in Dover Shores. Unclassified The Irvine Company, Newport Beach Same as Applicant iewed the location of the pedestrian and answered questions of the Commission to upgrading the cul -de -sac and future it of the park area. Page 2. • INOUX I RESUB- DIVISI N N_55 APPROVED cuff Di___ TAI LLLY 0 Item #3 AMENDMENT Nu:� APPROVED • COMMISSIONERS City of z August 18, Newport Beach 1977 MOLL GALL Public hearings were opened in connection with these matters and there being no one desiring to appear and be heard, the public hearings were closed. Motion X Motion was made that Planning Commission make thl Ayes X X X X X X following findings: Abstain X 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the propose subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed, pending possib' removal and replacement with compacted fill prior to development. • 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause substan� tial environmental damage or substantially ai avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at lar, for access through or use of, property withi the proposed subdivision. 8. That the discharge of waste from the propose subdivision will not result in or add any violation of existing requirements prescribe by a California Regional Water Quality Contr Board pursuant to Division 7 (commencing wit Section 1300) of the Water Code. • 9. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivision No. 559, subject to th following conditions: Page 3. MINUTES a le TA le; 1 i i �1 i INDIM R -559 COMMISSIONERS City Of Newport Beach MINUTES goy Auaust 18. 1977 • ROLL CALL 1. That a parcel map be filed. 2. That all improvements be constructed as requi ed by ordinance and the Public Works Departme 3. That a permanent cul -de -sac including an appr priate street easement, sidewalk, curb and gutter, and pavement be constructed at the end of Mariners Drive to replace the existinc temporary construction. 4. That the water main be extended as required t the Public Works Department to provide for water service to Parcel 1. 5. That the parcel be sewered by a private sewer pumping system with the discharge connected to the existing sewer manhole just southerly of Parcel 1 unless otherwise approved by the Public Works Department. 6. That a standard subdivision agreement with accompanying security be provided if it 15 desired to record the parcel map or obtain a building permit before the required public improvements are completed. 7. That Amendment No. 500 be approved prior to single family development on the site. Motion X Motion was made that Planning Commission recommei Ayes X X X X X X to the City Council that Amendment No. 500 be Abstain X approved and that a minimum 10 foot front yard setback shall be observed along the Mariners Dri frontage of the site. Furthermore; said front . yard setback shall be reflected on Districting Map No. 28. Page 4. r- nt Ea y IIYOKX id A -500 ie l J COMMISSIONERS City Of Newport Beach MINUTES • � t+�$y c August 18. 1977 MOLL CALL Request to permit the construction of an automobi service station facility in Newport Hills Center. Location: Lot 2, Tract No. 9014, located at 2690 San Miguel Drive, at the south easterly corner of San Miguel Drive and Ford Road in the Newport Hills Center. Zone: P -C Applicant: Mr. Robert Franks (Union Oil Compar Cerritos Owner: The Irvine Company, Newport Beach Public hearing was opened in connection with thi! matter. R. B. Franks appeared before the Commission on behalf of the Union Oil Company, 18911 S. Studebl Road, Cerritos, and concurred with the staff rep( and recommendations. He presented a rendering o1 the proposed development for review by the Commi: sion. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make thi All Ayes following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. The closest residential use is located on the westerly side of San Miguel Drive, over 150 feet from the proposed building. No window or door openings on the subject structure an proposed to face San Miguel Drive or adjacen residential uses. 2. The project will not have any significant • environmental impact. 3. The Police Department has indicated that the, do not contemplate any problems. Page 5. IND<X Item #4 le USE PERM APPROVED 1r.nNnT- y ike art COMMISSIONERS city Aunuct of Newport Beach 1R_ 1Q77 /TOLL CALL 4. Adequate landscaping and offstreet parking spaces are being provided in conjunction wiV the proposed commercial development. Said landscape plan consists of an extensive numbe of large trees and shrubs, and has been apprc ed by the Parks, Beaches and Recreation Depar ment. 5. The approval of Use Permit No. 1836 will not, under the circumstances of this case be detri mental to the health, safety, peace, morals, comfort and general welfare of persons resid- ing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the gener welfare of the City. and approve Use Permit No. 1836, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. That all development standards for new servi( stations provided in Chapter 20.70 of the Municipal Code shall be maintained, except a< follows: a.) Twelve (12) offstreet parking spaces shall be permitted where the Ordinance requires fifteen (15) spaces; b.) One 19 square foot ± identification wall sign shall be permitted on the front of the building, facing towards the other commercial uses in Newport Hills Center. However, no identification wall sign shi be permitted on the building facades facing San Miguel Drive or Ford Road; ar c.) Two double -faced (8 square feet per fact price signs shall be permitted, one sigr on each street frontage. 3. That landscaping and irrigation system shall be implemented in accordance with the approv( plans and shall be continuously maintained. Page 6. MINUTES r v_ �t- ,al :e ill d .1 0 INOI X . • •. COMMISSIONERS City of Newport Beach MINUTES a • �s°t August 18, 1977 ROLL CALL 4. All lighting fixtures shall be located so as to shield direct rays from adjoining propert, Luminaires shall be of a low level, indirect diffused type and shall not exceed a height of greater than twenty (20) feet above finisl grade . Request to permit the establishment of a recreat center with skill games in an existing commercia' building in Newport Shores. Location: Lots 3 through 8 Block 1, Seashore Colony Tract Addition, located at 6100 West Coast Highway on the westerly side of 61st Street betwei West Coast Highway and Newport Sho Drive in Newport Shores. Zone: Specific Area Plan No. 4 Applicants: Mr. Douglas Stevenson Jobson, Huntington Beach; and Mr. Ivey Franklin Mimbs, Long Beach Owner: Eugene R. Kirkpatrick, Trustee, et al, Long Beach Public hearing was opened in connection with thi matter. Douglas Jobson, 217 Walnut Street, Huntington Beach, appeared before the Commission to answer questions in connection with this request. David Carpenter, Attorney, appeared before the Commission on behalf of Douglas Jobson with respect to the staff's recommendation for denial He. compared the proposed use with that of the existing arcade near the Pavillion; reviewed two cases in which the courts overturned decisions o denial with respect to similar types of uses; felt there was no proof that problems anticipate by the Police Department would occur; and did no see how the proposed use could be denied. He further stated that should the permit be approve there was an objection to the condition which would require the business to close at 9:00 p.m. Page 7. iNDa.X e ie Item #5 on USE PERK I NO. 1835 DENIED an •e s f d, COMMISSIONERS i City of Newport Beach Auqust 18, 1977 MOLL. CALL Assistant City Attorney Coffin reviewed the types of uses allowed in Specific Area Plan #4, as well as those requiring use permits and advised that the Planning Commission had the discretionary power to approve or deny said uses based on their findings that said uses would or would not be detrimental to the health, safety, peace, morals, comfort and general welfare of the neighborhood the City. Mr. Coffin further advised that this request was a question of land use and whether ov not this use was appropriate for this particular location; not a question of whether or not the use was legal or illegal. Merrill Skilling, 6610 W. Ocean Front, appeared before the Commission in opposition to the reques and felt it was not compatible with the character of West Newport especially since most of the activity in the area is outdoor oriented. Michael Powers, 235 61st Street, appeared before the Commission and presented a petition in opposi tion to this request. She did not feel this was the proper place for this type of activity. Victor Rumbello, Newport Channel Inn Motel, 6030 Coast Highway, appeared before the Commission in opposition to the request and pointed out that the proposed establishment was located.near a school bus stop, a neighborhood park, and a library, and felt it was improper to allow this type of use at this location. He also felt that the motel guests would be disturbed by this type of use. David Carpenter,Attorney for the applicant, appeared before the Commission in rebuttal and voiced surprise that there was so much opposition from the local residents. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Balalis commented that the arcade near the Pavillion was surrounded by commercial establishments whereas the proposed use was adjacent to residential development. He also pointed out that Specific Area Plan #4 was established in order that the City could have a Page 8. MINUTES • INCIM an 0 7 COMMISSIONERS City � 9f'w RS �pi+2�4 ;C 01 August of Newport Beach 18,1977 MOLL. CALL well planned redevelopment of the area and felt that this area was unsuited for the proposed use, therefore he recommended denial. Commissioner Hummel felt that the potential for additional Police protection which may be require for the area justified the possibility that the residents would suffer from this particular use which could be attractive to transitory people and could be a source of nuisance to surrounding residents. As a Planning Commissioner, he felt obligated to preserve the livability of the community and the rights of the local residents, and therefore felt the request should be denied. Commissioner Frederickson pointed out that the congregating of young people within a building almost always lead to congregating around the builidng and on the public streets, sidewalks, . and parking lots. Commissioner Heather felt there was a need for this type of recreation, but not at this particul location. Motion X Planning Commission made the following findings: All Ayes 1. That the proposed use is not appropriate this close to a residential area. 2. That the Police Department has indicated the proposed use would attract large numbers of young adults and older children who would congregate and be a disturbance to adjoining residential uses. 3. That the increase in activity, noise and tras that would accumulate outside the building would not be compatible with the adjoining residential area. 4. That the use is not appropriate this close tc a school bus stop and a children's library. 5. That the proposed use would not be compatiblc • with established commercial developments in the area. Page 9. MINUTES ar INOEX COMMISSIONERS City of Newport Beach oy Auqust 18, 1977 woLL CALL 6. That the proposed use will be detrimental to the health, safety, peace, morals, comfort an general welfare of persons residing and worki in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the Ci and denied Use Permit No. 1837. Request to establish a restaurant facility with on -sale beer and wine in a proposed commercial complex in Newport Place. Location: Parcel 1 of Parcel Map 97 -18 and 19 (Resubdivision No. 541), located al 1000 Bristol Street (North) on the northeasterly side of Bristol StreE (North) between Spruce Avenue and Dove Street in Newport Place. Zone: P -C Applicant: Ronald Shef, Costa Mesa Owner: L. S. W. Ltd., Irvine Public hearing was opened in connection with this matter. Ronald Shef, 2780 Waxwing Circle, Costa Mesa, appeared before the Commission and concurred Witt the staff report and recommendations. Bill Langston, 18 Oak Crest Lane, property owner, appeared before the Commission to concur with thf recommendations and commented on the history of the property and the guidelines for development. There being no others desiring to appear and be heard, the public hearing was closed. Page 10. .. , MINUTES • \ IIYOXX ng ty I tem #6 USE PERMI NO. 1838 APP ROD C - TfWLY COMMISSIONERS �f. City of Newport Beach August 18, 1977 ROLL CALL Motion X Motion was made that Planning Commission make the All Ayes following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses and the development standards of Newport Place. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 1838 will not, under the circumstances of this case be detri mental to the health, safety, peace, morals, comfort and general welfare of persons residi and working in the neighborhood or be detri- mental or injurious to property or improveme in the neighborhood or the general welfare of the City. and approve Use Permit No. 1838, subject to the following findings: 1. That development shall be in substantial conformance with the approved plot plans. 2. That a minimum of one parking space for each 40 square feet of "net floor area" in the restaurant facility shall be maintained in th common parking lot. 3. That all mechanical equipment, storage, and trash areas shall be screened from adjoining properties and from Bristol Street (North). 4. That all exterior signs shall be in.accordan with the approved development standards perm ted for signs in Newport Place. • Page 11. MINUTES nts e ce it INOKX COMMISSIONERS °F v� A� 19 SG�iC1 city August of Newport Beach 18, 1977 POLL CALL Request to install relocatable buildings as tempo ary classroom facilities on City -owned property i conjunction with the Carden Hail School of Corona del Mar. Location: 3300 Fifth Avenue, located on the northeasterly corner of Fift Avenu and Marguerite Avenue in Corona del Mar. Zone: 0 -S Applicant: John D. Wilson, Corona del Mar Owner: City of Newport Beach Staff reviewed the concerns of the applicant with respect to Condition No. 2 which would require Panic door hardware and building anchors; and Condition No. 3 which would require the posting o a bond. Planning Commission discussed the need for the bond which was recommended in the amount of $1,000.00. Discussion was opened to the public in connection with this matter. Barney Larks, 1901 Burrow Lane, Newport Beach, Vice - President of the Friends of Oasis, appeared before the Commission to comment on this request. He urged that the termination date of June 30, 1978, be absolute; that the bond be required as recommended; and that the buildings be relocated closer to the existing buildings to the south in order to provide more grassy area between the north wing and the relocatable buildings for use by the senior citizens. There being no others desiring to appear and be, heard, the discussion was closed. Motion X Motion was made that Planning Commission make the All Ayes following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the intent of the City Council to temporarily allow the joint use of the existing complex until June 30, 1978. Page 12. MINUTES l INOWX Item #7 r- USE PERMIT n IV�$39 APPROVED MUM- SLY e f 0 C� COMMISSIONERS 2 �L City of Newport Beach °t Auqust 18. 1977 ROLL CALL 2. That the project will not have any significan environmental impact and is categorically exempt from the requirements of the Californi Environmental Quality Act. 3. That the proposed structures exceed the minim requirements of the Municipal Code and will b required to meet the requirements of the Uniform Building Code (1973 Edition) and Title 19 and Title 24 of the California Administrative Code. 4. That the structures will be located on the si so a.s to maximize the use of the remaining of space. 5. The approval of Use Permit No. 1839 will not, under the circumstances of this case be detrimental to the health, safety, peace, • morals, comfort and general welfare of persor residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the gener welfare of the City. and approve Use Permit No. 1839, subject to the following conditions: 1. That development be in substantial compliance with with site plan as submitted. The locati of the structures shall be reviewed by the . Building Official and the Director of Parks, Beaches and Recreation to insure that the required separation between structures is maintained and to ensure that maximum use of the remaining open space can be made taking into consideration the needs of both users of the site. 2. That the proposed structures meet the require ments of the 1973 Edition of the Uniform Buil ing Code and Title 19 and Title 24 of the California Administrative Code. • 3. That this permit shall terminate on June 30, 1978. The temporary structures authorized by this permit shall be removed and the site restored to its current condition by the applicant by that date. To ensure compliance with this condition, the applicant shall be Page 13. MINUTES t to en -al on M INO<X COMMISSIONERS City of Newport Beach MINUTES v v� F,p 1� �� ns • �oz Auaust la. 1977 POLL CALL required to make a cash deposit or post a bor with the City in the amount of $1,000.00. Planning Commission requested that the Building Official and the Director of Parks, Beaches and Recreation get together with respect.to the loca- tion of the relocatable buildings and try to accommodate both the applicant and the senior citizens group; and, if possible, move the build- ings a little closer to the existing school on the south and a little further away from the buildings on the north. Planning Commission recessed at 8:30 P.M. and reconvened at 8:35 P.M. Request to consider amendments to Chapter 20.11 and Chapter 20.15 of the Newport Beach Municipal Code relating to development standards in the R -2 District. Initiated by: The City of Newport Beach Public hearing was opened in connection with thi! matter. Gordon Glass, Architect, appeared before the Commission to comment on this amendment. He requested clarification as to where these new standards would be applied and how the new stand- ards would affect lots of less than 2,400 square feet. He advised that after giving this matter much thought, felt that the standards which appli to property within the Coastal Zone should not bE applied to those fortunate enough to live outsidf the Coastal Zone and, therefore, two sets of standards should be established. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the various alternl tives and related parking which would be require Motion X Motion was made that Planning Commission recommel to the City Council approval of Amendment No. 481 Pa a 14. id 5 , INOR.X Itemga AMENDMENT U.. RECOMMEN- -IFNT- SET7OR HEM SEPT. 15.. • r COMMISSIONERS City of Newport Beach MINUTES A AUgUSt 18. 1977 MOLL CALL using alternative No. 6 which would preclude duplexes on Lots smaller than 2,400 square feet, reduce the floor area ratio to 1.5, and require 2 parking spaces per unit. In discussing the motion, Commissioner Agee felt that lk parking spaces per unit was more ..... realis.ti and less punitive for the smaller lots. Following discussion, Commissioner Hummel concur) and amended his motion pertaining to parking to require l;j spaces per unit. Commissioner Balalis suggested that the existing standards be retained but made to include the Newport Heights Area and that the development standards be changed to require that the square footage of at least three parking spaces be count as part of the building area whether or not they • are covered. He also suggested that the open spe option requirement be allowed wherever desired or the building rather than just on the front. Community Development Director Hogan pointed out that this matter had been continued from time to time since February, 1977, and although by law no additional notification was necessary, questil ed wheth.er or not the Commission would like the staff to rewrite the proposed provisions based of the Planning Commission's action and re- notice tl matter for further public hearing. Public hearing in connection with this matter wa! re- opened in order to.al.low for further public comment. Gordon Glass, Architect, appeared before the Commission to comment on the issue of floor area ratio and parking; felt that the results of the open space option were worthwhile and that no. . changes should be made to this requirement; con - curred that this matter should be re- noticed in order that the public may be made aware of the changes being made which may affect their proper, and suggested removal of the prohibition against • tandem and side yard parking on the same site. There being no others desiring to appear and be heard, the public hearing was closed. Page 15. c. •ei ;e C I In- I Ie ty ; INOtx COMMISSIONERS r City Auoust of Newport Beach 18. 1977 POLL CALL Motion X X F Following discussion, a substitute motion was ma that the current Residential Development Standar be adopted for all R -2 areas in the City and that the Residential Development Standards be modified to indicate that 3 parking spaces are required a are to be counted as part of the total buildable area; that a fourth space may be provided and if left open, will not be counted as part of the buildable area, however, if it is enclosed, it will also be counted as part of the buildable ar that the open space option be retained but that i be allowed anywhere in the building rather than just at the front of the building; and that tandem as well as side yard parking be allowed on the same lot. Motion X X P Planning Commission discussed the question of Ayes X X X X X X X X X X X X f further public notice, following which an amendm Abstain X X t to the substitute motion was made that the propo amendment be rewritten and that notice thereof b given advising of a public hearing to be held on September 15, 1977, covering said proposal. Ayes X X X X X X X X X X X X T The substitute motion was then voted on and carri Abstain X X C Commissioner Lynch abstained because he had not participated in the previous hearings in connect with this matter. ADDITIONAL BUSINESS: Motion X X P Planning Commission adopted Resolution No. 992, All Ayes s setting a public hearing for September 1, 1977,'t identify coastal planning issues which must be addressed in developing a Local Coastal Program for the City of Newport Beach. Motion X X P Planning Commission recommended that the City All Ayes C Council proceed with appropriate action to immediately close up unused curb cuts in order tc restore on- street parking in the Corona del Mar area. Further, the affected property owners should be required to show adequate cause as to why the curb cut should not be closed or have thI City close the curb cut in any case. Page 16. t ent sed e • e ion 0 1 • COMMISSIONERS �+ CL City • �� p o� AU ust of Newport Beach 18, 1977 POLL CALL Commissioner Agee requested that Planning Commis- sion public notice procedures be reviewed at a future study session. There being no further business, Planning Commis- sion adjourned the meeting. Time: 10:00 P.M. PAUL L. SALALIS, Secretary Planning Commission City of Newport Beach • Page 17: MINUTES INOIX