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HomeMy WebLinkAbout09/19/1974COMMISSIONERS CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. Date: September 19, 1974 (Present (Motion Ayes• Abstain 0 Motion Ayes Abstain x X x MINUTES t, i Y y nd ce; x x x x x x EX- OFFICIO MEMBERS David R. Baade, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Planning William R. Foley, Environmental Coordinator Tim Cowell, Advance Planning Administrator Bill Darnell, Traffic Engineer Shirley Harbeck, Secretary X Minutes of the Regular Meeting of August 15, 197, X X X X X were approved with the correction that Condition X No. 2 imposed on Tentative Map Tract No. 8725 on Page 10 read as follows: 2. That a minimum of 2 guest parking spaces per dwelling unit shall be provided in Area B of the proposed development, and that the locat and distribution of said spaces shall be reviewed and approved by the Department of Community Development. Commissioners Agee and Williams abstained as the were absent from the meeting. X Minutes of the Adjourned Meeting of August 29, X X X X X 1974, were approved.with the change that the X sentence on the seventh line from the bottom of Page 8 read as follows: He stated that Mawhinne and Long then came over to the west bluff side a didn't compare the west bluff apprec at on with the area immediately to the west of it admitting it is in a different town and maybe that influen real estate values as well. Commissioner Williams abstained as he was absent from the meeting. Page 1. t, i Y y nd ce; COMMISSIONERS CITY OF NEWPORT BEACH m q P CALL 1 0 Motion Ayes Noes L MINUTES September 19. 1974 Request to reconsider the setting of a public hearing for an amendment to the Residential Growth. and Land Use Elements of the General Plan for the property at 13;19 East Balboa Boulevard (Ilsley/ I Iwc^ Item #1 GENERAL PLAN AMENDMENT Connelly). REQUEST DEN-YEV Requested by: Shirley Moore and William Gold Assistant Community Development Director Hewicker advised that the reason this matter was again before.the Planning Commission was because of a determination that the persons making the request had not been notified that the matter would be considered at the September 5, 1974 Planning Commission meeting. The lack of notification was due to the fact that the persons making the reques inadvertently failed to leave an address or phone number, however they felt the City would know who they were. Mr. Hewicker also read a letter from Didi Moore requesting that the matter be set for hearing. Shirley Moore, 1309 E. Balboa Boulevard appeared before the Commission and introduced Dorothy Hutchison,. 1559 E. Ocean, who read a report from the Citizens to Protect Peninsula Point Environmen , requesting that the matter be set for public hear- ing. In discussing the matter, Planning Commission did not feel that any justification had been made to warrant further consideration of a public hearing to amend the General Plan. They did advise, howev r, that City Council would be reviewing recommendatio s made by the Planning Commission which were made on September 5, 1974 and that the public could address the City Council requesting further con - sideration of the matter. X Motion was made that reconsideration of setting X X X X a public hearing by the Planning Commission to X consider an amendment to the Residential Growth and Land Use Elements of the General Plan for the property at 1319 East Balboa Boulevard be denied. Page 2. 0 Motion Ayes Noes 0 COMMISSIONERS CITY OF NEWPORT BEACH Sentemher 19. 1974 MINUTES r Inv&^ Item #2 Proposed Revised Archaeology Policy. RCHAE- L7 ,Y Referred back to the Planning Commission by the P L City Council. APPROVED Assistant Community Development Director Hewicker AS reported on a 'telephone conversation he had with WENDED Dr. Dixon, Archaeologist, as it related to reports of publishable quality and preservation of archae- ological sites in that same should be preserved by a parking lot or other protective device as techniques are improving to the point where archaeology expertise would be more advanced by the time a project was ready for redevelopment in. 10 or more years. Mr. Hewicker presented a letter received from The Irvine Company in connec- tion with the matter which was reviewed and summarized by Environmental Coordinator Foley. Planning Commission discussed the need for separat policies and the revisions which had been suggeste . They also discussed the matter of qualifications o an archaeological consultant, cost of reports of publishable quality, who should bear such costs, and whether.or not the policies could be imposed on public agencies. X Following discussion of the various policies and X X X X X X X revisions, motion was made that the Archaeology Guidelines and Procedures be forwarded to the City Council for their consideration with the following amendments: 1. Archaeology Procedures, Page 1, Section 2., Qualifications: "Provisional to professional licensing, qualifications for consulting archaeologists shall be satisfied by their listing in the Director of Archaeolo ical Consultants, available from the Society for Ca orn a Archaeology. Verification regard - ing qualifications shall be.made by the Director of Community Development." 2. Archaeology Guidelines and Procedures - that wherever the words "landowner or developer" appear, they be followed by the words "or public agency carrying out the project ".. 3. Archaeology Guidelines - paragraph 1. - that the word "insure" be changed to "assure ". Page 3. COMMISSIONERS yG1 T Y T Y M �L 'n N D P A on All Ayes 0 CITY OF NEWPORT BEAC8 MINUTES September 19 1974 r gnus^ Item #3 Request approval of a modification that was denied MODIFI- by the Modifications Committee so as to permit CATION second floor balconies and wing walls to encroach 813 4 feet 6 inches into the required 10 foot rear yard setback (i.e., Balboa Island Channel side) WITHDRAWN in conjunction with "The Cove" residential condo- minium development. Location: Lot 2,, Tract 8073, located at 939 Bayside Drive, on the southerly side of Bayside Drive, westerly of Marine Avenue. Zone: R -3 Applicant: The Irvine Co., dba, Irvine Pacific Development.Co., Newport Beach Owner: The Irvine Company, Newport Beach Appellant: Same as Applicant X As requested by the applicant, Planning Commission withdrew this matter from the agenda. Item #4 Request to establish a Planned Community Develop- AMENDMENT ment Plan and Development Standards for " Delaney's Cannery Village" on the Lido Peninsula, and the NO. 439 acceptance.of an environmental document. CONT. TO NOV. 7 Location: Portion of Lot 6 of Section 28 and Lot 2 of Section 33, Township 6 South, Range 10 West, San Bernardino Meridian, located at 700 Lido Park Drive on the south side of 28th Street, westerly of the Prolonga- tion of Lido Park Drive, on the Lido Peninsula. Zone: P -C Applicant: Delaney's Cannery Village, Laguna Beach Owner: Same as Applicant Assistant Community Development Director Hewicker reviewed.the request with the Commission and Page 4. 0 0 COMMISSIONERS T TfcDZ M <y wu CITY OF NEWPORT BEACH Con+omhar 10 1074 MINUTIS IADCR the various uses permitted in the P -C District which are in conformance with the General.Plan. He also commented on the Cityy's notification pro - cedure in.connection with public hearings. Mr. Hewicker advised that an Environmental Impact Report had been prepared for the project at the request of the City and emphasized that the report was prepared for the City under Staff direction, however same was paid for through funds provided by the applicant. Environmental'Coordinator Foley advised that the City's Environmental Affairs Committee reviewed proposals and selected the firm of Richard Terry & Associates to prepare the EIR. He commented.on the concerns of the Parks, Beaches and Recreat "ion Commission as they pertain to further intrusions into the navigable waters of the bay; and the improvement of 28th Street as well as alternatives which have been suggested and the right -of -way dedication which would be required. Richard Terry appeared before the Commission to answer questions in connection with the Environ- mental Impact Report on the concerns of the Plan- ning Commission pertaining to contradictions in the statistics regarding the water.quality of the bay, generation of traffic, and air pollution; and consumption of energy. Jim Hanks with Crommelin- Pringle & Associates, the traffic consultant on the project, appeared before the Commission to answer questions in connection with the traffic studies. Planning Commission recessed at 8:50 P.M. and reconvened at 9:05 P.M. Public hearing was opened in connection with this matter. Dick Dodd, 1617 Westcliff Drive, Newport Beach, . Architect for Delaney's Cannery Village, appeared before the Commission and reviewed the proposed development. He commented on the location of the project, reviewed the renderings, discussed the proposed parking structure, the improvement of 28th. Street, public access to the waterfront, placement of the bulkhead and boat slips, and Page 5. COMMISSIONERS CITY OF NEWPORT BEACU MINUTES ar rsi1 m September 19. 1974 uwev landscaping. He stated that the concept was in keeping with the General Plan and felt the project would be an asset to the area. Bill Witman, Attorney, appeared before the Commis - sion on behalf of the residents of the Lido Traile Park who are directly involved and effected by the project. He commented on the project as a whole and questioned the need for additional commercial in an area which is primarily residential. He questioned statements made as to the air quality, traffic generation, and elimination of pollution in the bay by the placement of bulkheads. He presented two petitions to the Planning Commission in opposition to the project, one signed by more than 180 persons and the other signed by 116 perso is. The following persons addressed the Planning Commission in connection with this matter:. Keith Smith, 711 Lido Park Drive, member of the Board of Governors of the Moana Community Associa- tion. John B. Kingsley, 711 Lido Park Drive, President of the Moana Community Association, opposed the project because of the traffic and parking problem and felt the Lido Peninsula should.be residential. Richard Lane, 711 Lido Park Drive, Secretary of the Moan.a Community Association, opposed the request and would like to see an up -to -date and complete traffic study covering all hours. Steward Millar, 611 Lido Park Drive, member of the Board of Governors of the Vista del Lido, stated this was a residential area which should remain residential; there were enough restaurants and small shops in the area designed for tourist trade and another project was not needed; and presented a petition signed by more than 40 property owners in opposition to the project. Michael Lee Healy appeared in favor of the project and.felt the Commission should approve the request. Jack.Williamson, 426 31st Street, questioned whether consideration had been given to bringing people into • the area by means other than the automobile. Tom Peck enpaugh, Attorney, appeared before the Commission on behalf of Vard Wallace, owner of property containing a two -story home located Page 6. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES DAN retI m Sentamhar 10_ 1074 - adjacent to the proposed development and requested a continuance in order to analyze the project more fully for the benefit of his client who has been out of town and was concerned with the location of the trash area. John. L. Curci, 2020 Marlin Way, read a letter from Curci- Turner Company opposing the project because of the parking problems and traffic circulation. Elizabeth Colleran, 700 Lido Park Drive, Space 15, questioned where the residents of the trailer would be relocated and who would pay for the move. Jim Pitney, 700 Lido Park Drive, Space 13, advised . of assurance received.that no move would have to be made until 1977. Clark Sweet,. #5 Lido Trailer Village commented on additional parking needs as a result of the boat slips and boardwalk. Milton Chassen, 611 Lido Park Drive commented on • the accident rate on and around Lido Peninsula. Howard Beale, 700 Lido Park Drive commented on the EIR, General Plan, and cumulative effect of development on Lido Peninsula. There.being no others appearing to be heard, the public hearing was closed. Planning Commission discussed continuing or tablin the matter in order that further studies could be made and the Environmental Impact Report amplified to.cover the questions raised by the Commission and the public. At the request of the Commission, Jim Schmitz, 223 Forest Avenue, Laguna Beach, appeared and advised they would prefer that the matter be continued to a date certain and within the 90 -day period as required by the Municipal Code. Planning Commission requested that additional Information include an up -to -date traffic study of the area, report from the Police Department on the accident rate, further reports on fire and rescue access, a more complete planned community • text and mitigating measures, elevations or renderings of the parking structure as viewed from Lido Park Drive, Curci's trailer park, and the Vard Wallace residence, further reports covering Page 7. COMMISSIONERS CITY OF NEWPORT BEACH T Sentamber 19. 1874 Motion All Ayes 0 MINUTES uwew r traffic, parking and congestion of the peninsula, more details of the alternative land uses, and suggested the possibility of obtaining a working model in order to visualize some scale relationship between the existing and proposed developments. Planning Commission also requested that the matter of lease expirations be investigated and that some "what if" uses be analyzed as well as the cumulati e effect of redevelopment on the Lido Peninsula. Following discussion, motion was made to continue this matter to the meeting of November 7, 1974. Item #5 Request to permit the construction of a two story VARIANCE. single family dwelling that does not meet the open NO. 1045 space option requirements along the ,front (channel side) setback. Further request to permit the APPROVED required 3 car garage to be located on a separate C N� DI- lot, across an existing 10 foot wide alley (where TIaNALLY the Ordinance requires an accessory building to be located on the same lot as the main building). The proposed garage has a building height of 19 feet (where the Ordinance permits a maximum height of 15 feet for accessory buildings). A 6 foot high wrought iron fence and a trash enclosure are also proposed along the rear property line of the garage site (where the Ordinance requires a 5 foot` rear yard setback adjacent to a 10 foot wide alley . Location: Portion of Lot 6 and Lots 7 and 16, Block 24, East Side Addition to. the Balboa Tract; Portion of Lot 6`and Lot 7, Block "0 ", Bay Front Section of the Balboa Tract; and a portion of Bay Avenue.(vacated) located at 1513 East Bay Avenue and 1510 East Balboa Boulevard, northerly of East Balboa Boulevard between "G" Street and "H" Street on Peninsula Point. Zone: R -1 Applicant: Claude H. Coyne, A.I.A. & Assoc.., Los Angeles Owner: Richard Booth, Los Angeles Staff answered questions of the Planning Commissio in connection with the request. Public hearing was opened in connection with this. matter. Page 8. COMMISSIONERS CITY OF NEWPORT BEACH September 19, 1974 MINUTES INDEX Claude Coyne, Architect, appeared before the Commission and reviewed the project. He presented pictures of development in the area and an aerial photograph indicating setbacks on adjacent property. He reviewed the renderings and plot plans with the Commission. Richard Booth, applicant, appeared before-the Commission to answer questions in connection with his request. There:being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the request and the requirement of an agreement to preclude rental of the loft space in the garage as a second unit and an off -site parking agreement. They also discusse justification of the request and Commissioner Seely voiced concern.with requests such as this whereby the only justification is abetter project and felt that if the development standards were inadequate, they should be reviewed. Commissioner • Hazewinkel pointed out that additional open space on this project was located in the court yard area on the side as well as additional space in the rear. Following discussion and based on. the findings that the front yard setback as requested on the development plan was reasonable and in keeping with adjacent houses, that the encroachment of the second floor balcony would be removed, and that both properties would observe the 5 foot setback.adjacent to the alley, that exceptional circumstances apply to the property, that the granting of the request is necessary for the pre- servation of substantial property rights and that granting the request would not materially affect the health or safety of persons residing.or workin in the neighborhood and would not be detrimental t the public welfare or injurious to property or Motion X improvement in the neighborhood, motion was made All Ayes to approve Variance No. 1045 subject to the follow- ing conditions: 1. That development shall be in substantial confo mance with the approved plot plans and elevations, a cept • as noted in Conditions Nos. 2 and 3 below. 2. That the proposed second floor balcony on the single family dwelling shall not encroach into the required 5 foot front yard setback along East Bay Avenue (vacated). Page 9. COMMISSIONERS 0 Ion A Aye i P P N CITY OF NEWPORT BEACLJ Canhamha".10 107A MINUTES 3. That the required 5 foot rear yard setbacks on both sides of the 10 foot wide alley separating. the subject properties shall remain free and clear of all structures, fencing and landscape g 4. That an offsite parking agreement shall be approved by the City Council. 5. That the two story garage structure shall be utilized only by the owners, guests and employ es. of the subject single family dwelling. Item #6 . Request to establish one building site and elimi- RESUB- nate interior lot lines where two lots, portions DT7rSION of two other lots, and a portion of Bay Avenue3 (Vacated) now exist so as to permit the construc- tion of a single family dwelling on the property. APPROVED CC N�f7— Location: Portion of Lot 6 and Lot 7, Block TTUR7FELY 24, East Side Addition to the Balboa Tract; portion of Lot 6 and: Lot 7, Block "0 ", Bay Front Section of the Balboa Tract; and a portion of Bay Avenue (vacated) located at 1513 East Bay Avenue northerly of East Balboa Boulevard between "G" Street and "H" Street on Peninsula Point. Zone: R -1 Applicant: Richard P. Booth, Los Angeles Owner: Same as Applicant Engineer: W. R. Haynes & Co., Santa Ana Public hearing was opened in connection with this matter. Richard Booth, applicant, appeared before the Commission and concurred with the staff report and recommended condition. There being no others desiring to appear and be heard, the-public hearing was closed. X Motion was made to approve Resubdivision No. 470 subject to the following condition: 1. That a Parcel Map be filed. Page 10. r� Ll COMMISSIONERS CITY OF NEWPORT BEACH September 19, 1974 MINUTES Request to permit a "walk -up" and "take- out ". restaurant within a commercial building in Lido Village, and to waive a portion of the required development standards (landscaping, parking, walls etc.) for said restaurant use. Location: Parcel 1 of Parcel Map 59 -17 (Resubdivision No. 416) located at Item #7 USE PERMIT 1735 APPROVED CC ND�I- TTDNTELY 3416 Via Oporto #4, on the easterly side of Via Oporto between Central Avenue and Via Lido in Lido Village Zone: C -1 -H Applicant: Mione Brothers, Inc., Balboa Island Owner: Koll Development Co., Newport Beach Assistant Community Development Director Hewicker answered questions of the Commission relative to the request, the number of parking spaces required the definition of a "take -out" restaurant, and number of parking spaces located within the parkin structure. He advised that the staff did not feel this was a destination restaurant, but rather that the patrons were from surrounding,offices, shoppin customers, etc. Public hearing was opened in connection with this matter. Richard Elliott, 1901 Dove Street, Newport Beach, appeared before the Commission on behalf of Koll Development Company. He commented on the parking regulations as they pertain to "take -out" restaura is and did not feel this was applicable to Miones. H agreed with the staff analysis and recommendations and answered questions of the Commission relative to the occupancy of the shops in Lido Village and related parking in the structure. John Mione, 403 Broadway, Costa Mesa, appeared before the Commission and advised that the majority of the business occurred between the hours of 12:00 Noon and 2:00 P.M. Paul Zessing, businessman on 31st Street, appeared before the Commission and questioned, as a point of interest, what would happed should the use perm t be denied. Staff responded that the "take -out" operation of the restaurant would have to be discontinued. Page 11. Motion Ayes Noes 0 0 COMMISSIONERS T = a G n P M r s A T< 9 � M CITY OF NEWPORT BEACH September 19, 1974 MINUTES ,unev There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed parking recommended by the staff as well as that required for "take- out" restaurants. There was an indication that Miones was unique by virtue of its location within the Lido Village, however, there was still concern that some people did drive to Newport Beach for the specific reason of patronizing Miones. X Following discussion, motion was made that Use X X X Y Permit No. 1735 be approved subject to the X X X following conditions: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That, the Koll Development Company shall agree to provide 10 parking spaces in addition to .the 367 spaces required under Use Permit No. 1636 to compensate for additional employee and customer parking required by the subject restaurant. Commissioner Hazewinkel advised he would disqualif himself on Items Nos. 8 and 9, because of a possible conflict of interest, however Staff advised that The Irvine Company was not a party to`the request, therefore Commissioner.Hazewinkel remained on the Commission. Items Nos. 8 and 9 were he.ard concurrently because of.their relationship. Item #8 Request to permit the removal of a dredge fill USE stockpile on the westerly side of Upper Newport Bay, and the acceptance of an environmental PERMIT 1736 - document. APPROVED Location: The general area between Upper Newport Bay and Irvine Avenue, and C N� DI- TAN CLY the lines extended from the pro- Page 12. • 9 COMMISSIONERS m S Z ; m f o D m 7 T M yZ T r( 9 A � m CITY OF N'tWPORT MACH Seotemb.er 19. 1974 MINUTES longation of 22nd and 23rd Streets, adjacent to Dover Shores. Zones: P -C, Unclassified Applicant: Orange County Harbors, Beaches and Parks District Owner: Stockpile site partially on uplands owned by The Irvine Company and partially on tidelands granted to The Irvine Company subject to a public easement for commerce,,, navigation, and fisheries. AND Item. #9 Request to permit the removal of a dredge fill USE stockpile on the easterly side of Upper Newport PPEMIT Bay, and the acceptance of an environmental docu- 737 . ment. APPROVED Location: A drainage swale known as "Big C N� Di— Canyon ", easterly of Back Bay ALLY Drive between the "Bluffs" Planned Residential Development and the "Park Newport" apartment complex. Zone: Unclassified Applicant: Orange County Harbors, Beaches and Parks District Owner: The Irvine Company, Newport Beach Environmental Coordinator Foley advised that three conditions of approval had inadvertently not been included in the staff report and should be attache to. each of the sites, the recommended conditions to read as follows: 1. That plans shall be approved.by the Department of Community Development showing the entire grading operation including all erosion and siltation control measures and devised require to protect the bay. 2. That plans showing the final grading shall be approved by the Department of Community Development. Page 13. ' COMMISSIONERS I I I CITY OF NEWPORT BEACH A M Y T Y T Seotember 19, 1974 MINUTES INDEX RVL7LdMLL I I I 7 t I i . 3. That all equipment shall be kept on,the pro - ject site and every effort shall be made by the contractor to preserve the natural environ- ment of the surrounding area. Restoration of the sites were discussed and it was felt this could be included in the above recom- mended Condition No: 2. Public hearing was opened in connection with each of the above matters. Jim Ballinger, Special Projects Engineer with the Orange County Harbors, Beaches and Parks District appeared before the Planning Commission in connec- tion with these requests. He answered questions relative to the haul routes and quality of the material which had been stockpiled. There being no others desiring to appear and be heard, the public hearing was closed. Motion x Following discussion, motion was made to accept Ai Ayes the Environmental Impact Reports EI.R /NB 74 -049 and EIR /NB 74 450 and.approve Use Permit No. 1736 and Use Permit No. 1737 subject to the.following conditions: 1. That all operations be conducted in a safe, workmanlike manner and be in accordance with applicable prW sions of the City's Grading Ordinance and Standard Specifications. 2. That the time of operations be limited to the hours between 7:00 A.M. and 4:10 P.M. on regular work days. Hauling operations or other operations involving the use of power equipment shall not be conducted on Saturdays,. Sundays, or Legal Holidays. Routine mainten- ance of power equipment shall only be conducte on regular work days during the above hours of operational limits, or on Saturdays between the hours of 10:00 A.M. and 3:00 P.M. 3. That Haul Route No. 1 be used in.connection with Use Permit No. 1737. 4. That Haul Route No. 3 be used in connection • with Use Permit No. 1736. 5. That the contractor be responsible for (a) maintaining the surfaces of public streets. used as haul routes during the course of haul - Page 14. COMMISSIONERS CITY OF NEWPORT BEACH neArsu m Spntr+mhor 10 _ 1Q74 MINUTES uww - �C � � • In VCw ing operations, and (b) restoring the public street surfaces to a condition approximately equal to that which existed before the hauling operations began. 6. That the contractor be responsible for.provid- ing all necessary traffic control measures and devices such as signs, barricades, flashers, flag persons, and lane delineators required to insure adequate safety. Contractor shall submit traffic control plan to Public Works Department for review and approval. 7. That the contractor shall submit detailed plans for review and approval by the Public Works Department showing modifications to traffic signals, access ramp construction, drainage facility alterations, etc. 8. That plans shall be approved by the Department of Community Development showing the entire grading operation including all:erosion and siltation control measures and devices require • to protect the bay. 9. That plans showing the .final grading and a program for the restoration of the site shall. be approved by the Department of Community Development. 10. All equipment shall be kept on the project site and every effort shall be made by the contractor to preserve the natural environment of the surrounding area. 11. Approval of these use permits shall be for a period of two years; any extensions shall be approved by the Planning Commission. Motion X There being no further business, motion was made All Ayes to adjourn the meeting. Time: 12:30 A.M. AMES M P R ER, Secretary • Planning Commission City of Newport Beach Page 15.