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HomeMy WebLinkAbout11/30/1972COMMISSIONERS CITY OF NEWPORT BEACH Adjourned Planning Commission Meeting m m i z Place: Council Chambers MINUTES < Z �° A ,� Time: 7:30 P.M. ALL 1 ,.. �� na +oi ni.... ,unev Present E 0 X X X X X EX- OFFICIO MEMBERS ! R. V. Hogan, Community Development Director David R. Baade, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Asst. Community Development Director William R. Laycock, Senior Planner William R. Foley, Senior Planner Shirley L. Morgan I Item #1 Request to create three parcels of land where RESUB- three parcels and a portion of a fourth parcel DIVISION now exist.. NT 3TO .Location: Lots 4, 5, and 6, and a portion of APPROVED Lot 7, Block 137, River Section, CONDI- located at 3706 - 3708 -3710 Park Lane TI N LLY on the northeasterly side of Park Lane, between 37th and 38th Streets in West Newport. Zone: R -2 Applicant: Tony and Yvonne Regan, Newport Beac Owners: Tony and Yvonne Regan, Newport Beac William.Schauppner, Newport Beach Community Development Director Hogan reviewed the staff report with the Planning Commission and pointed out that if this request is approved, the Planning Commission must find that the request meets the three provisions for granting an excep- tion as outlined in the Municipal Code. Tony Regan, applicant and owner, appeared before the Planning Commission on behalf of this request and answered questions relative to the resubdivisi n. Following discussion, Planning Commission determin d that the lots in question would be substantially in conformance with the surrounding properties and the property owner has made an attempt to up -grade Page 1. COMMISSIONERS CITY OF NEWPORT DLtm�i'Y^ sO T p N T e a m OLL CALL Motion Ayes Noes E November 30. 1972 BEACH MINUTES imnow the area and therefore, in accordance with Section 19.12.040 of the Newport Beach Municipal Code, granted an exception to the requirements because there are special circumstances and conditions affecting the property; that the exception was necessary for the preservation and enjoyment of a substantial property right of the petitioner and that the granting of the exception would not be detrimental to the public welfare or injurious to other properties in the vicinity in which the X property is located; and approved Resubdivision XX X X X X No. 370 subject to the following conditions: X 1. That a parcel map be filed. 2. That prior to the recordation of the Parcel Map all existing structures shall be removed. 3. That separate water and sewer services, satis- factory to the Public Works Department, be provided to each of the three parcels. Item #2 Request for the approval of the Grading Plan for GRADING Block 100 of Newport Center. PLC B CK Location: Portion of Block 93, Irvine's Subdivision, located on the easter- I°�0 NE�r7PORT ly side of Newport Center Drive UER'TIF between Newport Center Drive East and Farallon Drive in Newport RESUB- Center. DIVISION CVO. 68 Zone: C -O -H APPROVED Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant Assistant Community Development Director Hewicker reviewed the matter with the Planning Commission. Larry Moore, Associate Planning Administrator with The Irvine Company, appeared before the Planning Commission and answered questions pertaining to the grading plan. He stated that this plan was consistent with the plan as shown to the homeowner association which was concerned with the sight plane and which plan was approved by the City Council: Page 2. COMMISSIONERS D�mGrYD m � V1 Tye, wO. � Z A P L CALL r T, Motion All Ayes 0 Motion All Ayes CITY OF NEWPORT BEACH MINUTES November 30. 1972 tuner X Following discussion, Planning Commission approved the grading plan.for Block 100 of Newport Center. Item #3 Request to construct single - family dwellings on USE two lots in an Unclassified District. PERMIT 1642 Location: Lots 8 and 14, Tract 2095, located at 2500 and 2572 Bayshore Drive, on APPROVED the south side of Bayshore Drive CONDI- between Marino Drive and Arbor TTURTELY i Drive in Bayshores. Zone: Unclassified Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant Assistant Community Development Director Hewicker reviewed the staff report with the Planning Commission. Rezoning the Unclassified District in the area to conform with the use of the land was discussed. . Larry Moore, Associate Planning Administrator with The Irvine Company, appeared before the Planning Commission to review the request and answer questions relative to the matter. He also discussed re- development of the marina with the Planning Commis- sion as well as the setbacks for this request. Mr. Allison, 2571 Bayshore, appeared before the Planning Commission in favor of the development. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion, Planning Commission approved Use Permit No. 1642 subject to the following conditions: 1. That the proposed single - family dwellings on Lots 8 and 14 of Tract 2095 shall have minimum front and rear yard setbacks of ten feet and minimum side yards of five feet. In addition, the westerly 25 feet of Lot 8 and the easterly 25 feet of Lot 14 shall have a minimum rear yard (street side) setback of 20 feet. Page 3. COMMISSIONERS 9�TGr Y � ;P t Z p A •LL CALL E Motion All Ayes 0 CITY OF NEWPORT BEACH MINUTES November 30. 1972 ,unev 2. That no demolition permits for the existing rest room facilities nor building permits for the proposed single - family dwellings shall be issued until such time as the Planning Commis- sion has approved a use permit for the re- design of the adjoining marina development and construction has commenced. 3. Construction on these two lots will be in conformance with all of the requirements of the R -1 District including height limitations. Item #4 Request to construct four permanent identification USE signs in Koll Center Newport (former Collins Radio Company site). PERMIT 1643 Location: Portion of Block 50 of Irvine's APPROVED Subdivision bounded by Campus CONDI- Drive, MacArthur Boulevard and TINICLLY Jamboree Road. Zone: P -C Applicant: Langdon and Wilson, Architects, i Newport Beach Owner: Koll Center Newport, Newport Beach Public hearing was opened and Bob Kraft of Langdon and Wilson, Architects, appeared before the Plan- ning Commission and answered.questions pertaining to the request. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion of the signs and the stand- ards governing same, Planning Commission approved Use Permit Application No. 1643 subject to the following conditions: 1. The size and location of three identification signs shall be according to the approved plot plan and elevation, except for minor modifica- tions approved by the Department of Community Development. Page 4. COMMISSIONERS y ;70 T(�D NDDO Z �0 p •LL CALL 7A 9 CITY OF NEWPORT BEACH MINUTES NnvnmKna In 1079 2. The combination identification- architect, marketing agent sign shall have a maximum area of 250 sq. ft. per face and shall be permitted for a period of .two years from the date of final determination of this application. Any extension of time beyond the two year period shall be approved by the Modifications Committee. 3. No other sign pertaining to the "sale," or .''lease' or "construction" on the site shall be permitted in a location that would be "readable" from MacArthur Boulevard frontage so long as the combination sign exists at the location in question. Item #5 Request to permit one drive -up teller unit in USE conjunction with an existing bank. PERMIT 1644 Location: Portion of Lot 22 of Tract 6015, located at 620 Newport Center APPROVED Drive on the south side of San CONDI- Joaquin Hills Road between Santa TI NALLY Cruz Drive and Santa Rosa Drive in Newport Center. Zone: C -O -H Applicant: Crocker National Bank, Los Angeles Owner: Balboa Insurance Company, Newport Beach Meritplan Insurance Company, Newport Beach The Irvine Company, Newport Beach Public hearing was opened and Don Forker, Architect, for Crocker National Bank, appeared before the Planning Commission. He presented the proposal and answered questions regarding same. Larry Moore, Associate Planning Administrator, wit The Irvine Company, appeared before the Planning Commission and commented on the parking.area as outlined in the master plan for the area. He stated that no wall had been designed as recommended by the staff in condition No. 1 and requested that this condition be eliminated. He also commented on enforcement of parking regulations through a parking authority. Page 5. COMMISSIONERS Y�m4r Y T ;,o e.. COY N9y 0 Z p P LL CALL Motion Motion All Ayes 0 Motion IN Ayes CITY OF NEWPORT BEACH MINUTES NnvPmhPr sn_ 1979 There being no others desiring to appear and be heard, the public hearing was closed., X Following discussion, motion was made to uncondi- tionally approve Use Permit Application No. 1644. X Substitute motion was made that the Planning Commission approve Use Permit Application No. 1644 subject to the condition that development be in substantial conformance with the plot plan that has been submitted. Item #6 Request to permit the construction of a single- VARIANCE family dwelling that exceeds the height limit N0. 1024 ordinance. CONT.TO Location: Lot 9, Tract 1026, located on the DEC. 21 south side of Ocean Boulevard between Jasmine and Larkspur Ave- nues in Corona del Mar. Zone: R -2 Applicant: Mrs. Roberts J. Fraser, Corona del Mar Owner: Same as Applicant Assistant-City Attorney Baade reported that an unusual situation exists in that back in 1951 when the property was rezoned from R -1 to R -2, certain conditions were attached to the rezoning wherein C.C.& R.'s were drawn up by the then City Attorney, approved by the City Council and recorded at the City "s request. Two of the restrictions covered in the C.C.& R.'s were that no vehicular access be taken off of Ocean Boulevard and that no building on.any of the lots be built to a height in excess of the curb line on Ocean Boulevard. Since it is the City's policy not to become in- volved in deed restrictions, but in order to rectify what seems to be an unusual situation, it will.be necessary to delve further into the matter and therefore more time should be given to researc of the files. X In accordance with the staff's request, Planning Commission continued this matter to December 21, 1972. Page 6. COMMISSIONERS Yp TC 9 m qpp. T ? V � T � T T �[ N p Z Z p lL CALL 0 Motion All Ayes CITY OF NEWPORT BEACH November 30. 1972 MINUTES u,wcv m vcn Item #7 Request to permit the construction of a single- family dwelling with an area over the permitted floor area limit in the R -.1 District., ARIANCE 025 ENIED Location: Lot 5, Block 28, East Side Addition ND to the Balboa Tract, located at FETERRED 1909 East Bay Avenue, northerly of TGCITY East Balboa Boulevard and easterly COUNCIL I of "'V Street. Zone: R -1 Applicant: J. Shoffner Associates, Newport Beach Owner: Henry Buckingham, Pomona J. Shoffner, builder, architect and applicant, appeared before the Planning Commission in connec- tion with this request. Henry Buckingham, owner, appeared before the Planning Commission and stated that he wanted a residence large enough to meet the needs of his family which included six children as well as provide an additional off - street parking space. Assistant Community Development Director Hewicker .read the answers from the application pertaining to hardship involved, exceptional circumstances, preservation of property rights, and effect on the neighborhood for the benefit of the Planning Commission. The matter of amending the Municipal Code relative to floor area ratio and credit for additional off- street parking was discussed by the Planning Commission. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion, motion was made to re -open the public hearing. Allen Beek, 28 Beacon Bay, appeared before the. Planning Commission relative to the parking situation throughout the city. There being no others desiring to appear and be heard, the Chairman again closed the public hearing. Page 7. COMMISSIONERS Z A P l CALL Motion Ayes Noes • 0 CITY OF NEWPORT BEACH MINUTES November 30, 1972 tuncy X Following discussion, Planning Commission denied X X X X X X Variance Application No. 1025 without prejudice an X forwarded same to the City Council for final action with the comment.that the Planning Commission feel the City Council should re -study the question of whether garage spaces over and above the require- ments of the Code should be included in the floor area ratio as specified in the Height Limit Ord - inance. Planning.Commission recessed at 9:45 P.M. and reconvened at 9:55 P.M. Item #8 Request to amend a portion of Districting Map No. AMENDMENT 11 from a C -1 District to an R -2 District. N0. 348 Location: Lots 10, 11, 12 and 18, Block 2, APPROVED Newport Bay Tract, located at 301, TOT CUTS* 313, 315, and 317 East Balboa -1-0-1-7— Boulevard, on the south side of I�NCY- East Balboa Boulevard, easterly of Coronado Street on the Balboa Peninsula. Zone: C -1 Initiated by: The City of Newport Beach Assistant Community Development Director Hewicker reviewed the matter with the Planning Commission and introduced various items of correspondence in opposition to the zone change including a petition containing 32 signatures and letters from the following persons: Stephanie M. Cogswell, 313 E. Balboa Blvd.; .Kathryn Peterson, 310 E., Balboa Blvd.; W. R. Dildine, owner of property at 320 E. Balboa Blvd. Dana Smith appeared before the Planning Commission and stated that he and Mr. Horn were owners of Lots 10 and 11; that they requested and received a use permit to construct two duplexes on their property; and were in favor of the change of zone because the surrounding area is being developed I Page 8. COMMISSIONERS CITY OF NEWPORT BEACH 9 e+G� c m ,r„ ^ i Z,, y i MINUTES c Z p 70 &LL CALL ' Nnvpmhpr 30. 1972 WDEX as residential rather than commercial. Mr. and Mrs. Walter Lewis appeared before. the Plan - ning Commission in opposition to the change of zone. Planning Commission discussed the matter with respect to the trend of the area towards residen- tial uses, rezoning property to conform to the use of the land, and rezoning the entire block includ- ing the property on which the Telephone Company is i located. Motion X Following discussion, motion was made to recommend Ayes X X X approval of Amendment No. 348. Motion failed. Noes X X Abstain x X Motion X A second motion was made that in connection with Amendment No. 348, the change of zone from the C -1 District to the R -2 District be recommended for approval on Lots 10 and 11 only. • Planning Commission requested a ruling from the City.Attorney on abstentions. Assistant City Attorney Baade researched the matte and found an apparent conflict between Robert's Rules of Order which stated that a majority vote is all that is necessary to pass a motion, the majority vote being defined as the majority of those voting; and the Planning Commission's own Rules of Procedure which stated that a majority of the Commission shall constitute a quorum for the transaction of business and a majority of the members present shall decide. The Rules of Procedure of the Planning Commission would take precedent over Robert's Rules of Order and therefore a vote of four or more persons in the case of seven members being present would be required to pass a motion. In view of the above, Planning Commission requeste that the matter of amending the Rules of Procedure be placed on the study session agenda for discussion., Ayes X X X X The second motion which pertained to Lots 10 and �es X XX 11 only was voted on and carried. Page 9. 0 • COMMISSIONERS 0 � P ALL CITY OF NEWPORT BEACH November 30, 1972 MINUTES INUCA The Environmental Impact Reports in connection with Item #9 and Item #10 were discussed con- currently because of their relationship. * * * * * * * * * * I Item #9 Request to subdivide 5.7 acres into three lots for TENTATIVE commercial and condominium development, the accep- M-7CP tance of an Environmental Impact Report, and.the 'ACCT approval of a Grading Plan. FMF Location: Portion of Block 94 of Irvine's APPROVED Subdivision, located at the south= C ND - westerly corner of Bayside Drive an N LLY Marine Avenue, adjacent to the Balboa Island Bridge.. Zone: R 73, C -1 -H Applicant: The Irvine Company, Newport Beach Engineer: Williamson and Schmid, Santa Ana Owner: Same at Applicant * * * * * * * * * * Item #10 USE Request to permit the construction of a permanent clubhouse for the Shark Island Yacht Club, and to PERMIT permit the sale of alcoholic beverages and the use .1629 of live entertainment at the facility. APPROVED` Location: Portion of Block 94, Irvine's CONDI- Subdivision, located at 1099 Bay- TIONALLY side Drive, on the southwesterly corner of Bayside Drive and Marine Avenue. Zone: C -1 -H Applicant: Shark Island Yacht Club, Newport Beach Owner: The Irvine Company, Newport Beach Public hearing was opened in connection with the Environmental Impact Reports on the above two items. Page 10. COMMISSIONERS y6im� v m�0 iN Zpx T AkL ceu m m CITY OF NEWPORT BEACH November 30. 1972 MINUTES Larry Moore, Associate Planning Administrator with The Irvine Company, appeared before the Planning Commission to discuss and answer questions pertain- ing to the EIRs. Allen Beek, 28 Beacon Bay, appeared before the Planning Commission and commented on the EIRs relative to grading and development of the projects.. Motion N Following a lengthy discussion, Planning Commission Ayes YX XY X found that the Environmental Impact Reports for Noes X X Tentative Map Tract 8073 and Use Permit Application No. 1629 addressed themselves to the major environ- mental concerns that have been raised about the two projects and found them to be generally "ade - quate in those respects. Tentative Map Tract 8073 was discussed by the Planning Commission and Larry Moore, Associate Planning Administrator with The Irvine Company • appeared to answer questions pertaining.to the project. Motion X Following discussion by the Planning Commission All Ayes which.included the matter of pedestrian walk -ways and other facilities including benches, Tentative Map Tract 8073 was approved subject to the follow- ing conditions: 1. That all.public improvements be constructed as required by ordinance and the Public Works. Department. 2. That Section 19..16.030 of the Subdivision Ordinance regarding map scale be waived pro - vided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department, 3. That the boundary of the final map be checked by the County Surveyor before being submitted to the city for approval. 4. That all vehicular access rights from Lot 3 to Marine Avenue be relinquished to. the City.of • Newport Beach. Page 11., COMMISSIONERS CITY OF NEWPORT BEACH Y�GrSyT ;P T ¢yN m MINUTES < Z p A LL CALL November 30, 1972 INDEX 5. That an additional five foot wide strip of right -of -way be dedicated along the southerly side of Bayside Drive. Such additional right - of -.way is necessary to permit continuation of the 13 -foot wide combined bicycle path and pedestrian walkway scheme along the Promontory Bay development (Tract No. 3867) located west- erly of this development. Minor reductions on right -of -way widths will be permitted subject to the review of the Director of Community Development and the City Engineer. 6. The two interior cul -de -sacs for the condomin- ium development shall have minimum 372 foot radii. 7. That the bicycle path, pedestrian walkway, and street tree scheme be constructed in the expanded parkway adjacent to this development. Abandoned driveway approaches and damaged curb shall be removed and replaced as necessary to make a compatible, neat - appearing completed project. 8. That additional street lights be constructed along the Bayside Drive frontage as required by the Public Works Department. 9. That additional fire hydrants be provided as required by the Public Works Department and the Fire Department. 10. That landscape plans along Marine Avenue be submitted to and approved by the Parks, Beache and Recreation Commission. 11. That fire fighting access to the marina shall be provided with the approval of the Fire Department, 12. That there shall be submitted a declaration of Covenants, Conditions and Restrictions govern- ing the maintenance and operation of the condominium on Lot 2 acceptable to the Directo of Community Development and the City Attorney. 13. That a minimum 5 foot wide public sidewalk easement be required along the westerly pro- perty line of Lot 2 extending beyond the ordinary high water mark. Page 12. COMMISSIONERS mnv r�Yy O 1� P LL CALL CITY OF NEWPORT BEACH November 30 1972 MINUTES muck 14. That a minimum 5 foot wide public pedestrian easement be approved along the bulkhead line of Lots 2 and 3 to the satisfaction of the Departments of Marine Safety and Community Development. Said easement shall be improved with benches and other facilities for ped- estrian use in a manner meeting the approval of the Director of Community Development. 15. That a pier permit be approved for the new bulkhead and piers by the Department of Marine Safety, 16. With the exception of Lot 1, all slips and side tie facilities in the Bay adjoining the subject property shall be reserved for the exclusive use of the condominium owners or tenants and the members of the Shark Island Yacht Club, provided that this is consistent with the laws and policies of the County. 17. That development for the proposed condominium on Lot 2 shall be according to the approved • plot plan and grading plan, except for minor modifications approved by the Department of Community Development. 18. Plans, including proposals for the control of debris and protection of the adjoining channel, shall be submitted to and approved by the Director of Community Development prior to the issuance of demolition permits. . 19. That the developer shall be responsible for all precautionary actions necessary to protec the quality of the waters of the harbor durin excavation and construction operations and shall prepare plans and specifications design ed to protect the waters of the adjoining channel prior to the issuance of any building permits. i 20• Detailed landscaping plans including a.water- ing facilities plan prepared by a landscape architect, licensed contractor or architect shall be submitted to and approved by the Director of Community Development. Said landscaping may consist of lawn, trees, • shrubbery and /or other plant materials and shall be arranged so as to preserve the view to the water from Bayside Drive frontage. Page 13. COMMISSIONERS CITY OF NEWPORT BEACH Gr Tf�D N9Dp� n` r N M Z I T i x p Mu cnu r�� S November 30, 1972 MINUTES INDEX Public hearing was continued in connection with Use Permit Application No., 1629 and Assistant Community Development Director Hewicker presented additional information relative to the height of the structure in light of the new height ordinance which was recently adopted. La.rry Moore, Associate Planning Administrator with The Irvine Company, appeared before the Planning Commission and answered questions pertaining to the project, and in particular the matter of constructing a pedestrian walkway under the bridge i in order:to avoid vehicular traffic. There being no others desiring to appear and be heard, the public hearing was closed. Motion i X Following discussion, motion was made that Use I Permit Application No. 1629 be approved subject j to the ten staff conditions plus a Condition No. 11 which stated: That the applicant shall pro -. vide access to the far side of the bridge for j I members that have boat slips in that area in a • manner to be approved by the City Engineer, the Community Development Department and the Harbor District, under the bridge if feasible. Motion ! X A substitute motion was made that Use Permit Ayes X' X X Application No. 1629 be approved subject to the Noes iX XX, ten staff conditions only, as follows: 1. That this approval shall be for a period of five years from the date of final determina- tion of the application, and any request for extension shall be acted upon by tFie Modifica- tions Committee. I 2. That a landscape plan be submitted.to and approved by the Community Development Depart - ment., Said plan shall indicate landscaping throughout the site and consist of trees, shrubs and groundcovers. Said landscaped. j areas shall be enclosed by minimum six (6) inch high concrete or asphalt curbs, be j equipped with automatic irrigation systems, and be permanently maintained. 3. A11 signs shall be subject to the approval of • the Community Development Department. Page 14, COMMISSIONERS • r+vy,0 T Z p Z m � P CITY OF NEWPORT BEACH Nnvamhar 3n_ 1Q72 MINUTES ounev 4.. That the developer shall be responsible for all precautionary actions necessary to protect the quality of the waters of Newport Bay and Harbor during grading and construction, operations, and shall prepare and submit erosion control plans and specifications designed to prevent deposition of sediments. 5. That trash areas shall be enclosed with walls j not less than six (6) feet in height and be integrated into the building design, or all I trash areas shall be within the building. 6. All rooftop mechanical equipment except vents required by the Building Code shall be screen - ed from view of homes fronting.on Dolphin Terrace. Such screening to be subject to the j approval of the Community Development Department. 7. That a subdivision or resubdivision be processed i including this parcel. 1 8. That all improvements be constructed as require by the Public Works Department.. j 9, That an additional five foot wide strip of right -of -way be dedicated along the southerly side of Bayside Drive to facilitate construc- tion of a bicycle path in conjunction With the pedestrian sidewalk. j 10. That a harbor permit shall be required before any modification may be made to the existing dock and slip facilities, and a transfer permit shall be required if slips are assigned to the yacht club. i Item #11 i Request to amend a p q portion of Districting Ma No.. AMENDMENT 15 from a C -1 -H District to an R -3 District. N0. 344 Location: Portion of Block 94 of Irvine's APPROVED i Subdivision, located on the south side of Bayside Drive,.westerly of Marine Avenue near the Balboa Island Bridge. Zone: C -1 -H Applicant: The Irvine Company, Newport Beach Page 15, COMMISSIONERS • CITY OF NEWPORT BEACH tZ'PZ P N D p O ^' November 30. 1972 MINUTES INDEX Ownerc Same as Applicant Public hearing was opened in connection with this amendment and Larry Moore, Associate Planning Administrator with the Irvine Company, appeared before the Planning Commission on behalf of the applicant: He stated that the condition as recommended by the staff was satisfactory. There being no others desiring to appear and be heard, the public hearing was closed. j X Planning Commission recommended to the City Council that Amentment No. 344 be approved and that a front yard setback of ten feet be established along Bayside Drive to conform with the existing setback indicated on the Districting Map for the R -3 pro- f! perty to the west. * * * * * * * * * * Planning Commission recessed at 1:15 a.m. and reconvened at 1:20 a.m. Commissioner Martin stepped down from the dais and abstained from the discussion of the following item due to a possible conflict of interest since one of his relatives may have participated in the sale of the property I �I Item #12 Environmental Im act Re ort of JAK Construction E.I.R. Company filed in conjunction with the Final Map FINAL of Tract 7796 to permit a subdivision of 1.245 MAP i j acres into three lots for forty -seven condominium units,. TRACT Location: Lots 1 through 7, inclusive, in ACCEPTED Block "B" of Baystde Tract, and Lots 1 through 6, inclusive, in Block 7 of the Balboa Tract; located northerly of Balboa Boule- vard, easterly of Palm Street, southerly of the U.S. Bulkhead Line and westerly of Washington Street in Central Balboa. I i Page 16. COMMISSIONERS CITY OF NEWPORT BEACH 1T N Tye aUi MINUTES 4Iu csu �, r November 30, 1972 INDEX Zone: C -.1 Applicant: JAK Construction Co., Costa Mesa i Owner: Same as Applicant Engineer: Raub, Bein, Frost & Associates, Costa Mesa Public hearing was continued in connection with this matter and Assistant City Attorney Baade reported that the parties to the case involving the Edgewater Condominiums entered into a stipula- tion which was approved by the Judge. Part of the j stipulation required that the Planning Commission, i as it consisted when the use permit was denied, is to present written findings to the City Council as to why the use permit was denied. The City Attorney is presently preparing the written findings for review by the Planning Commissioners who were on the Commission at the time the use permit was denied. The findings, if • approved, will then be forwarded to the City Council who will in turn re -hear the Use Permit, taking into consideration the Environmental Impact Report the written findings, and any new evidence which may be presented. Community Development Director Hogan discussed procedure with the Planning Commission and various alternative recommendations which could be made . to the City Council. He also advised the Planning Commission of the density in the area and the results of citizen's meetings which indicated a desire to reduce density throughout the city and especially on Balboa Peninsula. Planning Commission discussed density, change in character of the area and the implications of such a change, and impact on traffic. John Konwiser, 1907 Bayadere, applicant, appeared before the Planning Commission and presented a rendering of the project as well as an aerial photo of the area on which was indicated new duplexes and triplexes which had been constructed during the past year and which had increased the density of the area to a greater degree than the project in question. He also commented on land value and the pressure for residential use in the area. Page 17. COMMISSIONERS CITY OF NEWPORT BEACH D��GrDT ;p T T ^ m MINUTES x p ALL November 30. 1972 ,unsr Motion Ayes Abstain 0 Motion Ayes Abstain n The following persons appeared before the Planning Commission and commented on the report; Allen Beek, 28 Beacon Bay; Tom Hyans, President, Central Newport Beach- Community Association; James Scott Pelegrin, Balboa. X I XX X XX X Following discussion, motion was made that the Planning Commission acknowledge receipt of the X Environmental Impact Report as written and amended by Raub, Bein, Frost & Associates as well as the report by Coastal Environmental Planners and all of the addenda and staff reports and comments and analysis of those reports; that the Commission felt that nothing further could be gained by additional requests for clarification or amend- ; ments and that the reports do appear to have certain internal conflicts and certain conflicts between the two reports both in terms of facts, figures, statistics, assumptions, etc., but that with full knowledge of this, the Planning Commission will take all of the discussion that has gone before into consideration when making recommenda- tions to the City Council. X A further motion was made to continue this matter X X XX X to the meeting of December 7, 1972, for the purpos X of preparing findings and recommendations to be forwarded to the City Council. Item #13 Request to consider the adoption of the Interim INTERIM Lans Use Element of the City of Newport Beach LAND USE General Plan, ELEMENT OF THE Initiated by: The City of Newport Beach GENML P LKN Public hearing was opened in connection with this matter and Community Development Director Hogan ADOPTED advised the Planning Commission that the State law RE 7778 required that the zoning ordinance of a city must be consistent with its land use plan as of the first of January, 1973. Although the City of Newport Beach is a Charter City and there is a difference of opinion as to whether that particula requirement of the State law would apply to Newpor Beach, but in order to make sure there is no question relative to compliance with the law, it is recommended that the Planning Commission approve the Zoning Ordinance of the City as the Interim Page 18. COMMISSIONERS I CITY OF NEWPORT BEACH DC �Gr� T ;p �iw � &i CAIL m p November 30, 1972 MINUTES INDEX General Plan of the City in order that there will be no conflict between the General Plan and the Zoning Ordinance until such time as the new General Plan is adopted by the City.. Assistant City Attorney Baade read a resolution to be considered for adoption by the Planning Commission. There being no one desiring to appear and be heard, the public hearing was closed. Motion X Following "discussion, Planning Commission adopted All.Ayes i Resolution No. 778, establishing the Zoning { I Ordinance as the Interim Land Use Element of the Newport Beach General Plan. I Community Development Director Hogan advised the Planning Commission that the City Council had scheduled a joint meeting with:the Planning Commis- sion for December 4, 1972, at 4:00 P.M. for the of hearing a report from the consultant purpose preparing the seismic element of the General Plan. There being no further business, Planning Commis- sion adjourned the meeting at 3:20 A.M. ELINE E. HEATHER Secretary, Planning Commission i City of Newport Beach i Page 19.