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HomeMy WebLinkAbout12/01/1966CITY OF NEWPORT BEACH COMMISSIONERS Minutes of: Adjourned Meeting of Planning Commission Date: December 1, 1966 °o w Time: 8:00 P.M. ROLL CALL EX- OFFICI Commissioners Present Commissioners Absent MEMBERS Present: Ernest Mayer, Jr., Planning Director x x x x x x x Benjamin B. Nolan, City Engineer George D. Roberts, Asst. City Atty. STAFF MEM ERS Present: Helen Herrmann Charles C. Zimmerman MINUTES Minutes of the regular meeting of November 17, 1966 were approved on motion of Commissioner Copelin, seconded by Commissioner Jakosky, and carried. AftDMENT! A -227 The Planning Commission reviewed Amendment No. 227 which proposes to amend Title 20 of the APPROVED Newport Beach Municipal Code by the addition of regulations to guide in the control and development of "Outdoor Restaurants" and "Drive Through Restaurants" and "Take Out Restaurants ". Mr. Richard W. Pomeroy, 4833 Fruitland Avenue, Vernon, California, representing Jack in the Box, Inc., and Mr. Thomas H. Carver of Trippet Yoakum & Ballantyne, Lawyers, 458 South Spring Street, Los Angeles, California, also repre- senting Jack in the Box, Inc., reiterated the statements contained in Mr. Carver's letter dated November 30, 1966, addressed to Tully H. Seymour, City Attorney. After considerable discussion, the Planning Commission recommended that the City Council adopt the subject ordinance with the following Motion x revisions: Second x All Ayes . 200530040 Site The site shall be of sufficient size and configuration to accommodate all require. -.... meats for off - street parking, setbacks if Page 1. CITY OF NEWPORT BEACH nor`amhar 1 IQrr COMMISSIONERS A. VV required, curb cuts, walls, landscaping and refuse storage as are hereinafter mentioned in this ordinance. 20,53.060 Parking and Traffic Control 2. B. Curb Cuts The size and location of curb cuts for driveways shall be determined by standards on file in the Department of Public Works. A -228 Planning Commission Amendment No. 228 which proposes to amend Districting Map No. 26 in order to rezone that portion of Lot 3, Tract 1125 located on the northwest corner of Dover Drive and 16th Street, lying between 16th Street and Lot 10, Tract 4225 and between the southeasterly prolongation of Sea Gull Lane and Dover Drive; and that certain parcel of land located on the southwest corner of 16th • Street and Dover Drive being described as follows: Lot 148, Tract 1218, together with that portion of Lot 3, Tract 1125 lying betwee Lot 148 and the intersection of 16th Street and Dover Drive, from an Unclassified to an A -P -H District (Administrative - Professional) was introduced. Gordon X. Richmond, 84 Plaza, Orange, California, Attorney for First Western Bank and Trust Company, Trustee under the Will of Earl W. Stanley, deceased and Mrs. Mildred Stanley, co- owners of the land located on a portion of Lot 3, Tract 1125 at the southwest corner of Dover Drive and 16th Street, read in full a letter prepared by their office addressed to the Planning Commission dated December 1, 1966. Commissioners Rea and Copelin disqualified themselves and absented themselves from the platform. Chairman Curtis: "I would like to state that in view of the applicant's request and also that two Commissioners are absent, I feel that this matter should have full Commission atten- tion and I would like to recommend that it be held over ". Commissioner Jakosky: "Would it be permissibl Page 2. CITY OF NEWPORT BEACH COMMISSIONERS 1- F' ddn� December 1. 1966 to ask the representative some questions? I had understood that you people have asked that an applicable zoning be applied to the property, now is that correct "? Mr. Richmond: "Yes, in our letter making this request we called attention to the two orders given by the City Council and we assumed that we would have an opportunity to participate or be heard in any preliminary study of the question that might be made and that the matte of the fixing of policy as to service stations in the City would be considered so that we would know where we stood in.that regard, because of the peculiar nature of our property the limitation of this conduit for the tele- phone cable, gas line, a heavy building could not be placed over the conduit and to remove it today we were advised would not only cost $25,000 but might cost to relocate it, even $30,000 if you were going to locate a sub- stantially heavy building on the location of that conduit. Now, of course, from an enginee - • ing standpoint, we showed that, when we were applying for the service station that that type of improvement could be placed over the conduit and a shell or cover installed that would protect it and would therefore make it a feasible development. What we are, of cours , trying to accomplish is a permit to make a feasible improvement or development of our property, and not be completely stymied. The matter of easements, I think, can be cleared up because the City has indicated that they went way too far in the reservations that they made when the street was abandoned ". Chairman Curtis: "I just want to state, the matter of the easements is not germain to ques- tion of the rezone. I realize that this is important to the people and must be resolved with the City, the Commission has nothing to do with the relocation of the easements ". Mr. Richmond: "Well, Mr. Curtis, excuse me, i we have an easement the removal of which or re location in connection with which would be pro- hibitive in cost, I think the zoning of this property involves consideration of that elemen • in other words, if we have a special condition , aside from the general use that the property might be put to in this particular area " -- Page 3. CITY OF NEWPORT BEACH COMMISSIONERS A� December 1. 1966 - 1A \ Chairman Curtis: "Well, let me say this then, that our action on this is advisory to the Council and that would, possibly, be the time to take that up" Commissioner Jakosky: "For the sake of dis- cussion for a moment, let's assume that the easements were removed from the property, then in your opinion what would be your recommenda- tion as to zoning with a residential area to the south and a high class commercial develop- ment to the north "? Mr. Richmond: "Well, the.next thing that we would like to have would be an arrival at a statement of policy by this Commission as to when, where, how and what kind of service station can be erected in the City and we feel that might involve a reconsideration of our location with respect to a service station because at the moment it appears that that is the most practical and feasible use that can be made of the property ". • Commissioner Jakosky: "Then you feel at the present time the highest and best use at that particular location would be a service station is that correct "? Mr. Richmond: "From our standpoint, economica standpoint, that is true, but we haven't had a chance to explore with staff or with the Commission possible alternatives; we recognize the opposition that we had when this specific request application was made but actually tonight we're just faced with a proposed zonin that we don't know how it was arrived at; we'v had no opportunity to be heard until now and we feel that the intent of the Council was tha the Commission should spell out some guideline for a service station installation in connection with the study of this particular property and the Council specifically referred to this one particular property in requesting the study. Now, I recognize that possibly adjoining property should be considered along with ours in any study - that's logical planning, good planning and we're not insisting that we want to be in a position and are determined that a • service station shall be placed there, but we would like to have fair consideration of our actual physical economic condition in that particular location and the sympathetic in- Page 4. CITY OF NEWPORT BEACH COMMISSIONERS L) L � pA fD N � ncromK., 1 lorr n7 _ terest of the Planning Commission and the City Council in our effort to try to develop that property feasibly and so it will produce a reasonable profit, out of which we, incidentally, will help pay our taxes ". Commissioner Clark: "It sounds to me like we don't have to rezone it -- just try and help ,: you get a gas station because, really, rezonin and a gas station policy have nothing to do with each other ". Mr. Richmond: "Well, since the City Council a the same time that it ordered you to make the study of our property for the purpose of zoning, 'instructed you to make a study"-- - Chairman Curtis: "I like that word, instructe , much better than ordered". Mr. Richmond: "All right, let's say instructe you, I think it was the intent of the Council that these should be parallel actions and we • should have the benefit of the study as to policy of service stations ". Commissioner Clark: "I didn't feel that they were parallel -- I didn't feel that I had to make two decisions in one". Mr. Richmond: "They didn't order it to be parallel but I think, certainly, the intent was it was all part of the action arising out of denial of our application, and we feel that we should have the benefit of that study which would involve the future of our property". Commissioner Clark: "Would you be happier if we held this over "? Mr. Richmond: "We would be happier if no action is taken tonight and we would also be pleased if we would have an opportunity with the staff or with someone from the City to analyze our particular problem ", Chairman Curtis: "Mr. Richmond, in that regar , I would like to ask you a question, since the time that the City Council upheld the . Commission ruling on your previous application and today, have you or any of the owners of th property been down to the Planning Department to discuss a possible rezoning "? Page 5. CITY OF NEWPORT BEACH Alok neremkav 1 1Qrr COMMISSIONERS 1, 1 o m n y� G pNfl,(D Ny Mr. Richmond: "No -- we awaited action by the Planning Commission ". Chairman Curtis: "Well, we're taking action tonight - -now you're objecting"-- - Mr. Richmond: "At our request, but a unilater 1 action, a single action, that in my opinion just simply nails us to the cross without a hearing"-- - Chairman Curtis: "Well, I don't understand why you have not taken it upon yourself to com down and discuss the matter with the staff to explore possible rezoning"-- - Mr. Richmond: "The first action was to be taken by the Planning Commission; we weren't ordered or instructed to come down and talk to the City; the Planning Commission was in- structed to make a study on these two subjects'.. Chairman Curtis: "The staff has made the stud ; • the Commission is holding a public hearing now and all I am saying is you have the opportu_nit to come down to City Hall and discuss it with the staff ". Mr. Richmond: "There have been discussions as to the easements and we've had favorable re- actions from the utilities but it is true we'v brought this matter up by letter and a copy of the letter was given to the Planning Commissio for action in accordance with the Council's instructions ". Chairman Curtis: "Are there any other ques- tions for Mr. Richmond -- does staff have any comment on the letter "? Mr. J. D. Gardner, 525 Avenida Campo in the Bluffs area, at the behest of the Bishop of th Mormon Church or the Church of Jesus Christ of Latter Day Saints spoke in favor of the pro- posed rezoning, Commissioner Jakosky: "Mr. Chairman, I can appreciate Mr. Richmond's letter and perhaps in all fairness to the Stanley estate it would • be advisable to hold this hearing over and give the applicants' a chance to meet with the City Planning staff as to a possible rezoning. I can't speak on behalf of the Commission, Page 6. CITY OF NEWPORT BEACH Allk DP_CPRIhpr 1- 1g66 COMMIIASIONERS - V d N \\ USE PERMITS but myself, I would hope that a more desirable use of the property than a service station could be made, so with that, Mr. Chairman, I would like to move that Amendment 228 be held over until December 15, 1966. Commissioners Rea and Copelin returned to the platform. WHITE, Edward G. and 2755 E. Coast Hwy, CdM Motion Second All Ayes x x UP -1238 June P. WITHDRAWN Lot 5 Block E Tract 323 Corona del Mar C -1 Applicant requests approval of the establish- ment of a pet shop for sales of small pets suc as fish, turtles, mice, hamsters and birds, and dog grooming not including overnight board- ing. At the request of the applicant the applicatio OMUNICA was withdrawn. IONS The Commission considered a request dated to October 20, 1966 signed by Maurice A. Enderle, Assistant Manager of Newport Dunes, Inc., for a one year extension of Use Permits No. 853 an 1041 for signs in various locations within the City of Newport Beach in connection with the Newport Dunes, An investigation revealed that the signs covered by Use Permit No. 853 have been remove therefore the use permit is no longer necessar . Use Permit No. 1041 which . permits signs at the Northwest corner of Jamboree Road and Highway 101 and at the prolongation of Backbay Drive and Jamboree Road was extended for a Motion x period of one year. Second x All Ayes 2. A request dated November 9, 1966 signed by Roger de Young, representative of the Newport Shores Company for a six month extension of . Use Permit No. 819 which permits a 10' x 16' directional sign at the corner of Fern and Motion x West Coast Highway, was approved. Second x All Ayes Page 7. CITY OF NEWPORT BEACH �I,�SRliiRT3d COMMISSIONERS 000:: X 5111 On motion of Commissioner Jakosky, seconded by Commissioner Rea, and carried, the meeting was adjourned at 9:45 P.M. Ray Y/ Copelin, Secretary Planning Commission • • Page 8,