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Home My WebLink About10/07/19764� COMMISSIONERS City of Newport Beach • `� '�� °s °F� z�3F << Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. Date: October 7, 1976 ROLL CALL Present Motion Ayes *tai n ent Motion Ayes Absent X X X * X X X *Arrived at 7:15 P EX- OFFICIO MEMBERS R. V. Hogan, Commu Hugh Coffin, Assis Benjamin B. Nolan, STAFF MEMBERS James D. Hewicker, William R. Foley, Tim Cowell, Advanc Shirley Harbeck, S X Minutes of the Reg X X X X X 1976, were approve X Heather abstained X meeting. Request to amend i ment Plan for "Nev in the Land Use Mi of an environments Location: The Pla( Ma6 and Zone: P -C Applicant: Stu, Owner: Sam X Planning Commissi X X X X X X meeting of Octobe X the applicant. .M. pity Development Director tant City Attorney City Engineer Assistant Director - Planning Environmental Coordinator e Planning Administrator ecretary * * * MINUTES ular Meeting of September 16, d as written. Commissioner because she was absent from the * * * he Planned Community Develop - iport Place" to permit changes p and Text, and the acceptance .1 document. Planned Community of "Newport :e, bounded by Birch Street, Irthur Boulevard, Jamboree Road, Bristol Street. trt M. Ketchum, Los Angeles as Applicant )n continued this matter to the r 21, 1976, at the request of * * * ME INO @X Item #1 AMENDMENT N0. 473 CONT. TO OC—T2 1 h� COMMISSIONERS City of A, t October 7, POLL CALL 0 Motion All Ayes 10 Newport Beach 1976 MINUTES INOHX Item #2 bdivide 11.10 acres into 52 lots for FINAL MAP residential development, one lot for RACT 842 nd common areas, and Lot A for a ent. APPROVED C NDI- A portion of Block 96 of Irvine's TIONALLY Subdivision, located on the south- erly side of San Joaquin Hills Road between Marguerite Avenue and Crown Drive North in Jasmine Creek. P -C M. J. Brock & Sons, Newport Beach The Irvine Company, Newport Beach Ervin Engineering, Los Angeles is opened in connection with this sere being no one desi.ring to appear , the discussion was closed. ide that Planning Commission recommend :he Final Map of Tract 8428, subject ling condition: applicable conditions of approval for ied tentative map of Tract No. 7967 be J. of Environmental Impact Report and i of Specific Area Plan No. 5 for le. The City of Newport Beach ng was opened in connection with this sere being no one desiring to appear , public hearing was closed. mission acknowledged that correspon- en received from Owen E. Minney and of The Mariner's Coffee Shop and -2- 3 Request to SL single family landscaping a utility easen Location: Zone: Applicant: Owner: Engineer: Discussion wi matter and tl and be heard X Motion was mi approval of to the folloi 1. That all the amen fulfille Presentation consideratio Mariners' Mi Initiated by Public heari matter and t and be heard Planning Com dence had be Mr. Hochman MINUTES INOHX Item #2 bdivide 11.10 acres into 52 lots for FINAL MAP residential development, one lot for RACT 842 nd common areas, and Lot A for a ent. APPROVED C NDI- A portion of Block 96 of Irvine's TIONALLY Subdivision, located on the south- erly side of San Joaquin Hills Road between Marguerite Avenue and Crown Drive North in Jasmine Creek. P -C M. J. Brock & Sons, Newport Beach The Irvine Company, Newport Beach Ervin Engineering, Los Angeles is opened in connection with this sere being no one desi.ring to appear , the discussion was closed. ide that Planning Commission recommend :he Final Map of Tract 8428, subject ling condition: applicable conditions of approval for ied tentative map of Tract No. 7967 be J. of Environmental Impact Report and i of Specific Area Plan No. 5 for le. The City of Newport Beach ng was opened in connection with this sere being no one desiring to appear , public hearing was closed. mission acknowledged that correspon- en received from Owen E. Minney and of The Mariner's Coffee Shop and -2- 3 COMMISSIONERS Clty Of Newport Beach MINUTES • ��y October 7, 1976 MOLL CALL Motion All Ayes 11 • the staff to respond to the letters. ; made that Planning Commission continue ar to the meeting of February 17, 1977, ;taff readvertise and notify all inter - ties prior to the public hearing. further amend the Tentative Map of 8725 subdividing 170.3 acres for single ;idential, condominium, open space, and i private recreational development, in idge," Harbor View Hills. Portions of Blocks 91, 92, 97 and 98 of Irvine's Subdivision, in an area bounded by the existing "Spyglass Hill" development, the "Bren III" development, Broadmoor Seaview, San Miguel Drive, and the San Joaquin Reservoir site (Sector IV of "Harbor View Hills "). P -C The Irvine Company, Newport Beach Same as Applicant Simpson - Steppat, Newport Beach dence from Seawind Community Association ibuted.to the Planning Commission and the record. ntal Coordinator Foley reviewed the alterations to the Tentative Map of Tract ell as the staff report and recommenda- on Spyglass Hill Road was discussed and inted out that the storm drain system ned in accordance with good practice for nstallation, as well as that of a 10 -year M. Planning Commission also discussed ge problem mentioned in the correspon- m Seawind Community Association; the resently being done in the area;.and the -3- INOEX .directed X Motion wa: this matt and that ested par Request t Tract No. family re'. public an "Harbor R Location: Zone: Applicant Owner: Engineer: Correspon was distr read for Environme proposed 8725 as w tions. Drainage it was po was desig such an i rain stor the seepa dence fro grading p the staff to respond to the letters. ; made that Planning Commission continue ar to the meeting of February 17, 1977, ;taff readvertise and notify all inter - ties prior to the public hearing. further amend the Tentative Map of 8725 subdividing 170.3 acres for single ;idential, condominium, open space, and i private recreational development, in idge," Harbor View Hills. Portions of Blocks 91, 92, 97 and 98 of Irvine's Subdivision, in an area bounded by the existing "Spyglass Hill" development, the "Bren III" development, Broadmoor Seaview, San Miguel Drive, and the San Joaquin Reservoir site (Sector IV of "Harbor View Hills "). P -C The Irvine Company, Newport Beach Same as Applicant Simpson - Steppat, Newport Beach dence from Seawind Community Association ibuted.to the Planning Commission and the record. ntal Coordinator Foley reviewed the alterations to the Tentative Map of Tract ell as the staff report and recommenda- on Spyglass Hill Road was discussed and inted out that the storm drain system ned in accordance with good practice for nstallation, as well as that of a 10 -year M. Planning Commission also discussed ge problem mentioned in the correspon- m Seawind Community Association; the resently being done in the area;.and the -3- INOEX COMMISSIONERS City of Newport Beach MINUTES A. Ir $s October 7, 1976 MOLL CALL IN OQX drainage course and destination of the storm water. Community Development Director Hogan pointed out that the alterations to Tract 8725 as proposed were the result of a multitude of conferences between the applicant and various departments of the City, including Public Works, Traffic, Fire, Parks and Recreation, and Community Development. Public hearing was opened in connection with this matter. David Neish, Manager, Planning Administration, The Irvine Company, appeared before the Commission i.n connection with this matter. He gave a brief back• ground on the events which have taken place since the original proposal was presented to the City and commented on the grading work being done. He felt that the alterations were minor in nature and . that the present plans substantially conformed with the approved tentative map. He concurred with the staff report and answered questions of the Commission relative to the project. In answer to what effect this project would have on the present and proposed sewer system, Don Simpson of Simpson - Steppat, consultant for The Irvine Company and Sanitation District No. 5, appeared before the Commission and advised that a new master plan of sewers had been designed because the present system was at or near capacity The new line would commence in San Joaquin Hills Road where it intersects with Big Canyon, go down Big Canyon along Back Bay Drive and intersect a sewer in the Dunes which has the capacity for all of this development as well as any anticipated developments downcoast. He advised this new line would bypass the pumping station which presently exists. The present status of the new sewer was that plans have been completed and the request was now before the Coastal Commission. Since the Department of Fish and Game had requested that no work be carried on after November 15th, award of any contract would take place after the first of the year. He pointed out that in all probabil- ity, the new sewer line, I whether it followed the above described route or some other alternative, would be completed prior to any occupancy of this development. SE COMMISSIONERS City of Newport Beach October 7. 1976 MOLL GALL There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission recomme to the City Council approval of the alterations Tentative Map Tract No. 8725, subject to the following conditions: 1. That all of the conditions of Tentative Map Tract 8725 as approved by the City Council on January 13, 1975 and April 12, 1976 be fulfilled. 2. That prior to issuance of occupancy, the sta be satisfied beyond any reasonable doubt tha the sewer system will accept this developmen Assistant City Attorney Coffin commented on the ability of the Commission to add conditions whi relate back to the proposed alterations and the • facts which must be taken into consideration by the Planning Commission and City Council when approving tentative or final maps. In discussing the motion, Commissioner Balalis stated that it was the intent of the condition to point out the sewer system issue at this time so that the matter could be continually monitor and resolved, rather than placing the Planning Commission in the position of having to consider denial of the final map because of a lack of sewer facilities to serve the development. Motion X Public hearing was reopened in connection with All Ayes this matter. Dave Neish, Manager, Planning Administration, TF Irvine Company, appeared before the Commissionz agreed to the additional condition regarding tht sewer system. Public hearing was closed in connection with th1 matter. All Ayes The motion was then voted on and carried. -5- MINUTES n to ffl t t. ch E. e .nd I S INORX COMMISSIONERS City of Newport Beach • October 7, 1976 MOLL GALL MINUTES INOWX IM Request to review the typical plans for all build- ing groups, parking layouts and walls and fences adjacent to public streets within the Tentative SITE REVIE ARM RIDGE Map of Tract 8725, "Harbor Ridge," Harbor View Hills. APPRO Location: Portions of Blocks 91, 92, 97 and 98 of Irvine's Subdivision, in an area bounded by the existing "Spy- glass Hill" development, the "Bren III" development, Broadmoor Seaview, San Miguel Drive, and the San Joaquin Reservoir site (Sector IV of "Harbor View Hills "). Zone.: P -C • Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant Environmental Coordinator Foley advised that this review was being requested in order to satisfy Condition No. 30 imposed on Tentative Map Tract 8725 when it was originally approved. He reviewed the proposed plans and parking with the Commission. Discussion.was opened in connection with this matter. Dave Neish, Manager, Planning Administration, The Irvine Company, appeared before the Commission and concurred with the staff report. There being no others desiring to appear and be heard, the discussion was closed. Motion All Ayes X Motion was made that Planning Commission approve the typical development plans for the condominium units, the parking layout, the entry walls, and the site plan. IM COMAMISSIONERS City Of Newport L Beach MINUTES October 7, 1976 ROLL CALL Request to permit alterations to an existing duplex that exceeds 1.5 times the buildable area (where the Code requires the building to be 1.5 times the buildable area, or less). Location: Lot 8, Block 7, Section 5, Balboa Isle, located at 214 Grand Canal., on the easterly side of The Grand Canal between Balboa Avenue and Park Avenue, on Balboa Island. Zone: R -1.5 Applicant: Sally S. Hess, Newport Beach Owners: David E. and Sally S. Hess, Newpor Beach; and Lorraine E. Hess, Balbo Island Public hearing was opened in connection with this matter. David Hess, who resides in Eastbluff and is one of the owners of the subject property, appeared before the Commis sion in connection with this matter. He advised that the building was purchased for use as his mother's personal residence, for a tax shelter, long -term appreciation, acc( to a boat dock, and income. He commented on the proposed alterations being requested and advised that although the second stairway may have been constructed illegally by thl previous owner, the property was purchased with the under• standing that the construction was legal as stated in the City's residential building report. He advised that the modifications to the building were slight, were internal, created no additional living space; that the parking sitw tion was improved because one new tenant did not own a cai the building was relatively new and was not a fire hazard In conclusion he felt that the second stairway was not an issue, that the primary opposition was in the minority, ai that the environmental and third unit issues were nebulou . and difficult to apply to this situation, and that denial of the modifications would be unfair, unjust and unreason able and cause an unnecessary hardship on his family. Mr Hess answered questions of the Commission relative to the specific alterations being made to the wetbar area and advised there was no intent on his part to have a third unit as a rental, however, the modifications were being . • made in order that he and his family could use the rear portion of the unit on weekends without disturbing his mother who lives in the front portion of the unit. Bob Millar, Vice President of the Little Balboa Island Property Owners Association, appeared before the Commissi -7- t a sss t- id on INOux Item N6 VVI \VL- TIONALLV COMMISSIONERS City 9o9 woz October of Newport, Beach 7, 1976 POLL CALL and commented on the reason for the R -1.5- zoning on the island. Because of the configuration of the units and in order to preclude the possibili of any third unit being established in the future he suggested that a covenant and agreement be executed and recorded to the effect that the property would be used for two - family developmen only. Erwin Tuppan, 216 Grand Canal, appeared before tY Commission and advised that he and his brother 0 owns the property at 218 Grand Canal were oppose( to the request because it was their understandinc that the intent was to construct a third unit or bachelor apartment and that it had actually been rented for a short time this past summer. He advised of his complaints to the City which resul ed in the "red tagging" of the construction and differed with the statements made by Mr. Hess wh1 he felt were made only for the benefit of the Con mission in order to obtain the modification. Walter Tyler, owner of the property at 212 Grand Canal, appeared before the Commission to comment on the request and concurred that an agreement should be made prohibiting a third unit. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Seely commented on the request and i concern with variance requests. He advised of h-. thorough review of the property which unquestion- ably revealed the construction of a third kitcher However, in searching the records and City Ordin- ances, could find no legal basis for denial of V third kitchen. Planning Commission discussed the circumstances which require Modifications Committee approval or modifications to structural alterations on.non- conforming units. They also discussed the defin- tion of the term "family" as.well as what would constitute a single unit and at what point the` unit would become two units. • Commissioner Seely further commented on the actil of the prior owner relative to the construction i the second stairway and the City's inadvertent concurrence that construction had been done in accordance with the approved plans and permit. -8- MINUTES :y e 0 t- ch - lis s I n! If INDEX COMMISSIONERS City of Newport Beach MINUTES got October 7, 1976 ROLL GALL INDEX Motion X Based on the above, motion was made that Planning Commission make the following findings: 1. That the removal of existing space on the site would be an unnecessary hardship on the appli- cant. 2. That no additional living space is being added in conjunction with the proposed development. 3. That the granting of the modification will not under the circumstances of this particular case be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injuri- ous to property and improvements in the neighborhood or the general welfare of the City, and further that the request is consis- tent with the legislative intent of Title 20 of the Code. and approve Modification No. 1084, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. That the structure be maintained as.a two- family dwelling. Planning Commission discussed the enforceability of deed restrictions and covenants which would require that the property be maintained for two - family dwellings only. They also discussed the definition of the R -1.5 district and what was allowed in the district. Commissioner Hummel commented that this request was a perfect illustration of the inadequacy of the definitions of "dwelling unit" and "family" as described in the present Code and felt that although there was nothing in the Code at the • present time to prevent as many stairways and kitchens as a person may want, it was imperative that the Code be changed in order to preclude circumvention of the law, especially in the more dense portions of the City. COMMISSIONERS City of Newport Beach MINUTES • October 7, 1976 MOLL CALL Planning Commission discussed removal of the Motion X kitchen facilities in the wetbar area, following which an amendment to the motion was made that the new kitchen facilities be removed. Commissioner Cokas concurred with both Commission- ers Seely and Hummel but could not see where any violation has actually occurred at this time and that only the intent was questionable. Commissioner Balalis commented on the problems of enforcement and felt that the potential of creating illegal units should be prevented, especially when they are obvious. Commissioner Heather felt that it may be appropri- ate to again review the ordinance in order to determine its effectiveness. Aves X X X Following discussion of the amendment to eliminate s X X X X the kitchen facilities, the motion was voted on and failed. Ayes X X X X The original motion to approve the modification Noes X X X as requested was voted on and carried. 1iuoax Item #7 Request to accept an offsite parking agreement OFFSITE for a portion of the required parking spaces in PARKING conjunction with the Le Rendezvous Restaurant GAR 'DENT facility (formerly known as the Dry Dock Restau- rant, the Monterey Still Restaurant, and then the APPROVED Monterey Mansion Restaurant). CONDI- TI NALLY Location: Portion of Lot H, Tract 919, located at 2601 West Coast Highway, on the southerly side of West Coast Highway across from Tustin Avenue on Mariner's Mile. Zone: C -O -Z • Applicant: Alvin Teuteberg, Taverinn Inc., Newport Beach Owner: George E. Minney, Newport Beach Discussion was opened in connection with this matter. -10- COMMISSIONERS City of Newport Beach MINUTES October 7, 1976 MOLL CALL Alvin Teuteberg appeared before the Commission a advised that the new location for parking was closer and more accessible to the restaurant tha those covered by past agreements. He answered questions of the Commission relative to employee parking, the boat docks, and valet parking. There being no others desiring to appear and be heard, the discussion was closed. Motion X Following discussion, motion was made that the All Ayes Planning Commission make the following findings: 1. The offsite parking lot is approximately 250 feet from the restaurant site and is so located to be useful to the restaurant facility. 2. The offsite parking spaces will not create . undue traffic hazards in the surrounding are 3. The lease agreement for the offsite parking spaces on a year to year basis appears to b the only parking available for the restauran use at this time and should provide a practi cal interim solution to the existing parkin problem. 4. The Police Department has indicated that th do not contemplate any problems with the offsite parking lot. and approve the offsite parking agreement, subj e to the following conditions: 1. That the operation of the restaurant shall limited to the hours of 5:30 P.M. thru 2:00 A.M., Monday through Saturday, and all day Sundays provided the applicant can obtain ar amended lease agreement. These hours may be adjusted by the Planning Commission providec satisfactory parking can be provided i.n another location. 2. That an offsite parking agreement shall be . approved by the City Council, guaranteeing that a minimum of 25 parking spaces shall bf provided at the rear of The Beachcomer Shops located at 2633 West Coast Highway during all hours of operation of the restaurant facility. -11- L I a. e t 9 the ct be on INDEX COMMISSIONERS City Of Newport Beach MINUTES. y October 7. 1976 POLL CALL 3. That a valet service shall be provided on th restaurant site during all hours of operatic 4. That a diagram shall be provided at the entrance of the restaurant complex showing the location of the offsite parking spaces for the benefit of the customers. 5. That 16 parking spaces shall be maintained c the restaurant site in accordance with the. approved parking layout. Said parking space shall be marked with approved traffic marker or painted white lines not less than 4 inche wide. Wheel stops shall be provided adjacer to the westerly side property line so as to keep parked automobiles from damaging the existing fence between the subject property and the adjoining Ancient Mariner Restaurant site. 6. That the parking arrangement be subject to review by the Modifications Committee one.ye after approval of the offsite parking agree- ment by the City Council. Request to consider an amendment\to Section 20.80.090 of the Newport Beach Municipal Code eliminating the provision for the extension of previously approved permits when said permits have not been exercised within the time specifi Initiated by: The City of Newport Beach Public hearing was opened in connection with th matter and there being no one desiring to appea and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission recomm All Ayes to the City Council the adoption of Amendment N 474. -12- e. n s s S t a FIN is ano INDEX Item #8 AMENDMENT NO. 474 APPROVED COMMISSIONERS sO,t City of Newport Beach October 7, 1976 MOLL CALL Mrs. Wilson, Newport Beach, addressed the Commis. sion relative to parking, especially as it relat to subterranean garages and the problems connec ed therewith. ADDITIONAL BUSINESS: Motion X X P Planning Commission adopted Resolution No. 962, All Ayes s setting a public hearing for October 21, 1976, t consider an amendment to the Land Use Element designating state -owned property (adjacent to Pacific Coast Highway between the Santa Ana Rive and Newport Boulevard) for the preparation of a Specific Area Plan. on X X P Planning Commission adopted Resolution No. 963, Ayes s setting a public hearing for October 21, 1976, t consider an amendment to the Land Use Element to revising the description . of permitted uses in areas designated "General Industry" to permit separate office uses in certain areas.. Motion X X M Motion was made that Planning Commission recomm All Ayes t to the City Council the adoption of the Fiscal Impact Analysis System, developed by Ashley Economic Services, Inc., as they felt this was a good start in the right direction. Correspondence dated September 29, 1976, from Robinson's relative to a permit for on —sale beer and wine in their Lido Buffet Restaurant was discussed. Motion X X F Following discussion, motion was made that Plan- MINUTES 's t- 7 r 0 x end ng w wax COMMISSIONERS Cityp p M Of Newport L Beach MINUTES A. • October 7, 1976 POLL CALL Motion X There being no further business, motion was made All Ayes to adjourn. Time: 9:50 P.M. WILLIAM AGEE, 5 cretary Planning Commission City of Newport Beach -14- INO6.X