HomeMy WebLinkAbout12/02/1976..r
COMMISSIONERS
City of Newport Beach
9oRF 99�o9�oy� y��s��i
s Fp s�3� Regular Planning Commission Meeting
Place: City Council Chambers
• Time: 7:00 P.M.
Date: December 2, 1976
ROLL CALL
Present
Absent
Motion
Ayes
Absent
•
0
x
x
X
x
x
x
EX- OFFICIO MEMBERS
James D. Hewicker,
Hugh Coffin, Assis
Banjamin B. Nolan,
STAFF MEMBERS
William R. Foley,
Shirley Harbeck, S
Minutes of the Reg
1976, were approve
Items No. l and No
because of their r
Request to permit
Citizen.Housing De
mately one hundrec
acceptance of an e
Location: The
of
Pacl
east
soul
on i
pro{
Zone: R -3
Applicant: Lut
New
Owner: Sam
Assistant Director - Planning
tant City Attorney
City Engineer
Environmental. Coordinator
ecretary
ular Meeting of November 18,
d as written.
. 2 were heard concurrently
elationship.
the construction of a Senior
velopment containing approxi-
dwelling units, and the
nvironmental document.
MINUTES
northwesterly parcel of Record
,urvey 63 -45, located at 2900
fic View Drive, on the north-
erly side of Pacific View Drive,
:heasterly of San Miguel Drive
:he Lutheran Church of the Master
erty.
-B
heran Church of the Master,
port Beach
e as Applicant
Page 1.
INOE.X
Item #1
USE
APPROVED
.CONDI-
TIONALLY
COMMISSIONERS
City of Newport Beach MINUTES
• s°i December 2, 1976
ROLL CALL
•
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create two parcels of land for church
citizen residential development.
The northwesterly parcel of Record
of Survey 63 -45, located at 2900
Pacific View Drive, on the north-
easterly side of Pacific View Drive,
southeasterly of San Miguel Drive
on the Lutheran Church of the Master
property.
R -3 -B
Lutheran Church of the Master,
Newport Beach
Same as Applicant
William Blurock and Partners,
Newport Beach
ntal Coordinator Foley advised that
1 information had been distributed to th
n at the afternoon study session consist
interest list summary submitted by the
comments on the review of the Environ-
pact Report by Hal Thomas of the Environ
alition, and two additional letters in
the project.
commented on the matter of public
.ation and advised that the Orange County
iistrict had approved a shift in the
ch would result in service to the pro -
so, it was the intention of the applican
le a van for private transportation to
needs of the reside.nts of the develop-
rence to the need for a new fire station
in the Environmental Impact Report, Mr.
ised there was a misunderstanding, since
Department has indicated there may be a
dd a new engine company as a result of
the Newport Center Area, not just as a
this project.
Page 2.
INDEX
Item #2
Request t
and senio
Location:
Zone:
Applicant
Owner:
Engineer:
Environme
additiona
Commissio
ing of an
applicant
mental Im
mental Co
favor of
Mr. Foley
transport
Transit I
route whi
ject. Al
to provic
serve the
ment.
With refE
as statec
Foley ad%
the Fire
need to i
growth it
result of
create two parcels of land for church
citizen residential development.
The northwesterly parcel of Record
of Survey 63 -45, located at 2900
Pacific View Drive, on the north-
easterly side of Pacific View Drive,
southeasterly of San Miguel Drive
on the Lutheran Church of the Master
property.
R -3 -B
Lutheran Church of the Master,
Newport Beach
Same as Applicant
William Blurock and Partners,
Newport Beach
ntal Coordinator Foley advised that
1 information had been distributed to th
n at the afternoon study session consist
interest list summary submitted by the
comments on the review of the Environ-
pact Report by Hal Thomas of the Environ
alition, and two additional letters in
the project.
commented on the matter of public
.ation and advised that the Orange County
iistrict had approved a shift in the
ch would result in service to the pro -
so, it was the intention of the applican
le a van for private transportation to
needs of the reside.nts of the develop-
rence to the need for a new fire station
in the Environmental Impact Report, Mr.
ised there was a misunderstanding, since
Department has indicated there may be a
dd a new engine company as a result of
the Newport Center Area, not just as a
this project.
Page 2.
INDEX
Item #2
COMMISSIONERS
3
• S ��sy C
City of Newport Beach
I)ecPmher 2. 1976
POLL CALL
Mr. Foley also commented on the matter of const r
tion which must meet the requirements of the
Uniform Building Code and advised that no workin
drawings has been prepared as yet, however, they
were several ways the buildings could be designe
in order to comply and provide for fire protecti
sound attenuation, etc.
Mr. Foley suggested that an additional condition
be attached to the Use Permit providing for a
term of two years rather than eighteen months,
because of the time needed by the applicant to
process approval of the project through the
Federal Government.
Staff answered questions of the Commission rela-
tive to "in lieu" fees and recommended that the
City Council make the determination in connectic
with this matter, especially since the exact lav
and procedures were not clear at this time.
Public hearing was opened in connection with th
matter.
Larry Fruhling, Pastor, Lutheran Church of the
Master, 2900 Pacific View Drive, appeared befori
the Commission and concurred with the staff reps
and recommendations. He commented on the relat,
ship between the project and the church and adv-
that the project was being sponsored by the con•
gregation and not the national synod. He revie%
the results of the interest list survey and adv
that the occupancy of the development was not
limited to Lutherans or any other religious gro
and it would be filled on a first come /first
served basis.
Jack Larson, 3024 Breakers Drive, Corona del Ma
President of the Seaview Lutheran Plaza, Inc.,
the non - profit organization sponsoring the deve
ment, appeared before the Commission. 'He comme
ed on the sponsoring corporation, the intent of
the project to help people become and remain
viable, and introduced the Board of Directors o
Seaview Lutheran Plaza.
.
Commissioner Agee advised of concerns with resp
to the use of Federal funds and questioned what
assurance the City had that the project would
continue to be used as currently proposed and
Page 3.
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COMMISSIONERS
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City of Newport Beach
December 2, 1976
ROLL CALL
would not be altered because of changes to circu
stances in the future.
Robert. B. Cummings, 17071 Westport Drive, Huntin
ton Beach, consultant in the development and
management of housing for the elderly, appeared
before the Commission and advised that the invol
ment of the Federal Government was that of a
lender, making loans available to non - profit
organizations for housing which provides extra
services for the elderly over and above that of
tenant /landlord relationship. There is a regula
tory agreement attached to the loan which spell!
out the requirements to be met.
Mr. Cummings also commented on the "in lieu" fee
and advised that payment would be generated fron
rents. Since no working drawings were available
it was difficult to assess the amount involved,
however, it was felt that the project would run
between 3.5 and 4 million dollars. Therefore,
•
the assessed value could be approximately 1 mil"
which would realize a payment to the City in lie
of taxes in the amount of approximately $10,000
annually, based on the City's present tax rate.
In comparing this project to that of other type!
of housing, Mr. Cummings advised that the devele
meet was being constructed under life safety co
regulations which require wider corridors, fire
safety devices, wider doorways, and apartments
that will handle handicapped persons with wheel
chairs. Also included in the services rendered
would be van transportation to the shopping are
cost of utilities, and 24 -hour surveillance for
emergency situations through the use of a panic
button system installed in each unit thereby
allowing management to respond to emergencies
with the personal information sheet obtained fr
each individual as to medication, known illness
next of kin, doctors, etc. In view of the abov
the rental rates cannot be compared to that of
other housing which provide only a tenant /landl
relationship.
In answer to the question of cost increases, Mr
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Cummings advised that a budget would be prepare
and filed annually and that a $10,000 contingen
would be structured into the budget to offset a
unanticipated increases. In answer to other
Page 4.
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COMMISSIONERS
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• ���� ncromhar 9_ 1Q76
NOLL CALL
questions of the Commission, Mr. Cummings advise
that the subject organization was a non - profit
corporation which, under the terms of the Federa
program, must possess a 501.C.3 ruling from the
Internal Revenue Service; that the assets of an
individual had no bearing on the eligibility of
tenants, however their income did, and would be
verified prior to occupancy; that established
rates could not be increased without the budget
approval of the Department of Housing and Urban
Development; that any income over and above
expenses and the $10- 12,000 maximum reserve
contingency would be used to reduce rents since.
it could not be taken by the church or used by t
corporation to underwrite any other ministry; th
in addition to the contingency, there was struct
ed into the budget a monthly payment to a repai.r
and replacement reserve account which was adjust
periodically to provide for the increased cost c
repairs and replacement of such things as carpet
•
kitchen equipment, paint, etc.
Mr. Cummings clarified questions relative to the
regulation agreement, management of the project,
qualifications of sponsoring groups, advertisinc
in lieu fees, noise, similar projects within the
State of California, services and programs to be
provided for the residents, terms of the Sectior
202 HUD funds, alternatives to this type of hour
ing, automobile ownership and parking requiremer
screening of applicants for residency and contrc
of HUD with respect to maintatng an ethnic balar
William Shannep, 953 Baywood Drive, appeared.in
support of the project. He commented on the
effect of retirement and the need for help becal
of inflation and felt that the location for thi!
type of housing was desirable.
Walter Bott, 17 Canyon Crest Drive, appeared
before the Commission and read a petition signet
by 23 homeowners in Canyon Crest in opposition
the proposed development because of the height
location of the buildings on the property and
their effect on the Canyon Crest Estates develol
men t.
Charles Heick, 35 Canyon Crest Drive, appeared
before the Commission in opposition to the requ
as he did not feel the area was appropriate for
this type of project in view of the high cost o
Page 5.
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INOE.X
COMMISSIONERS
City of Newport Beach MINUTES
SIP v 9 �p Ya i f,�
• s°i December 2, 1976
POLL CALL
surrounding land and housing.
Hal Thomas, 117 Via Havre, Newport Beach, appear
before the Commission in favor of the project ar
felt that given the demonstrated needs for senic
citizen housing in this area, the liabilities of
the project were far less than the need for suO
a development of this nature.
Planning Commission reviewed the remaining apprc
als and controls to be exercised by the City in
the event the application for financing was grar
ed and construction approved. These included
preparation of working drawings by the applicani
and submittal to the Department of Community
Development for plan check which would take intc
consideration all the conditions imposed by the
use permit and tentative map, the mitigation
measures recommended in the Environmental Impacl
Report, and engineering and architectural compl'
•
ance with the Code. Following plan check, built
be issued and construction begun.
permits would
Planning Commission discussed the courses of aci
which could be taken should the sponsoring ageno
fail either from a financial standpoint or in
compliance with the terms of the agreement, ava,
ability of financial information in order to
evaluate the success of the development, and
reviewed the alternative designs of the project
as outlined in the Environmental Impact Report.
Architect for the project, John Trittipo, partni
in the firm of William Blurock and Partners,
1500 Newport Boulevard, appeared before the
Commission and commented on the design of the
proposed development. He advised that in order
to provide more square footage in the units, a
larger portion of land was required and due to
the terrain of the property, the proposed locat
proved to be the best. He reviewed the alter-
natives and the reasons for their elimination.
Access, setbacks, parking, and HUD requirements
were discussed as they related to the layout
of the project.
•
There being no others desiring to appear and be
heard, the public hearing was closed.
Motion
X
Motion was made that Planning Commission accept
the Environmental Impact Report as complete; th
Page 6.
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INOGX
COMMISSIONERS A .
CI♦ Ly Of Newport t Beat h � MINUTES
�0 9J 3 A.
r December 2. 1976
ROLL CALL
the following findings be made in connection wit
Use Permit No. 1784:
1. The proposed project is consistent with the
General Plan and is compatible with the
surrounding land uses.
2. That the project will provide necessary hous
for senior citizens.
3. That the project will not have a significant
effect on the environment.
4. That the approval of Use Permit No. 1784 wil
not, under the cirucrostances of the case, be
detrimental to the health, safety, peace,
comfort, and general welfare of persons
residing and working in the neighborhood or
be detrimental or injurious to property and
improvements in the neighborhood or the
•
general welfare of the City.
and that Use Permit No. 1784 be approved subject
to the following conditions:
1. That the project remain as a senior citizen
housing facility and not be converted to an,
other form of use without the explicit apprl
of the City of Newport Beach.
2. That a fair and equitable annual in -lieu fe
be imposed. The amount of said fee shall bi
approved by the City Council.
3. That final circulation and parking plan sha'
be approved by the Traffic Engineer. In
designing the final plan, the following
minimum standards shall be met:
a. All two -way aisles without adjacent par
shall be 20 feet in width.
b. Parking spaces adjacent to grade differ
entials or walls shall be 11 feet in wi
c. All drive approaches shall be 28 feet i
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width.
4. That a resubdivision and parcel map be file
Page 7.
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INOE.X
COMMISSIONERS
30 yC, �F Ci } Ly Of Newport Beach h 1 MINUTES
• s°2 December 2, 1976
MOLL CALL
5. That all construction and landscaping within
the 30 -foot wide water pipeline easement alo
the westerly boundary be reviewed and approv
by the Public Works Department, and installe
under a formally issued encroachment permit.
The landscaping improvements and any other
improvements shall be selected and designed
so as to be compatible with the purposes of
the easement. No substantial structure shal
be located within the easement.
6. That adequate provisions shall be made to
provide screened trash collection areas.
7. On -site fire hydrants shall be approved by
the Fire Department.
8. Fire vehicle access shall be approved by the
Fire Department.
•
9. That final landscape plans including street
trees shall be approved by the Parks, Beache
and Recreation Department.
10. That final grading plans shall be approved b
the Department of Community Development. S
plans shall include a drainage plan showing
drainage to Pacific View Drive and a siltati
and erosion control plan.
11. That the use permit shall be revoked if not
exercised within two years from the effecti
date of approval.
that the following findings be made in connecti o
with Resubdivision No. 515:
1. That the proposed map is consistent with
applicable general and specific plans.
2. That the design or improvements of the prop
subdivision is consistent with applicable
general and specific plans.
3. That the site is physically suitable for th
type of development proposed.
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4. That the site is physically suitable for th
proposed density of development.
5. That the design of the subdivision or the
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INOEX
COMMISSIONERS
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City of Newport Beach
December 2. 1976
ROLL GALL
proposed improvements are not likely to cau
substantial environmental damage or substan-
tially and avoidably injure fish or wildlifE
or their habitat.
6. That the design of the subdivision or the
proposed improvements are not likely to cau <_
serious public health problems.
7. That the design of the subdivision or the
proposed improvements will not conflict wits
any easements, acquired by the public at lai
for access through or use of, property with'
the proposed subdivision.
8. That the discharge of waste from the propose
subdivision will not result in or add to an!
violation of existing requirements prescribe
by a California Regional Water Quality Conti
Board pursuant to Division 7 (commencing wi-
•
Section 1300) of the Water Code.
9. That the proposed resubdivision presents no
problems from a planning standpoint.
and that Resubdivision No. 515 be approved,
subject to the following conditions:
1. That a parcel map be filed.
2. That all public improvements be.constructed
as required by ordinance and the Public
Works Department.
3. That each new parcel be served by individua
water and sewer connections in a manner sat
factory to the Public Works Department.
4. That a Water Capital Improvement acreage fe
be paid for the westerly parcel.
Commissioner Agee suggested that the "footprint
of the proposal be approved but that the final
design be worked out so that it will minimize t
visual effect as well as maximize the distance
between the proposed buildings and the adjacent
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condominiums.
Commissioner Heather responded that she felt i
was clear that the best design solution was bei
provided in view of the HUD guidelines and
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INDEX
COMMISSIONERS
City Of Newport Beach MINUTES
December 2. 1976
ROLL CALL
management surrounding the project. She also
commented that this was an unusual type of prof e
and that the City was bending its requirements
they related to density and other factors becau
of the recognition that the needs of senior
citizens were unique, and felt this development
would fit into the City's master plan for the
elderly and should not set a precedent which
would allow a higher density for other types of
development.
Ayes
X
X
X
X
X
Following discussion, the motion was voted on ar
Absent
X
X
carried.
Planning Commission recessed at 9:10 P.M. and
reconvened at 9:15 P.M.
•
Request to amend the Planned Community Developml
for Koll Center Newport so as to allow the Plan.
ning Commission to grant exceptions to the minir
lot size requirement of 30,000 sq. ft. in the
commercial and professional office areas of the
Planned Community.
Location: Tract No. 7953, bounded by MacArtl
Boulevard, Jamboree Road, and Caml
Drive in Koll Center Newport.
Zone: P -C
Applicant: Koll Center Newport, Newport Beacl
Owner: Same as Applicant
Public hearing was opened in connection with th
matter.
Robert Kraft, partner with Langdon & Wilson,
Architects, appeared before the Commission on
behalf of the applicant and concurred with the
•
staff report. Mr. Kraft answered questions of
the Commission and compared the proposed buildi
area with that which would be allowed under
present regulations.
Page 10.
INDEX
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Item #3
�nt AMENDMENT
NO. 475
luff
APPROVED.
RES. 965
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COMMISSIONERS
90 y Op 'P SF 2G SR City of Newport Beach
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It
soy December 2, 1976
POLL CALL
Staff distributed a site analysis of Block D for
the Commission's review.
There being no others desiring to appear and be
heard, the public hearing was closed.
Motion
X
Motion was made that Planning Commission adopt
Ayes
X
X
X
X
X
Resolution No. 965, recommending to the City
Absent
X
X
Council the adoption of Amendment No. 475.
Request to permit the subdivision of one lot in
24 lots for office development and one common a
lot to be developed for parking, ingress and
egress and landscape areas.
Location: Lot 10, Tract No. 7953, located a
•
4901 Birch Street and 4600 Von
Karman Avenue on property bounded
by Campus Drive, Teller Avenue,
Birch Street and Von Karman Avenui
Office Site D in Koll Center Newp
Zone: P -C
Applicant: Koll Center Newport, Newport Beacl
Owner: Same as Applicant
Public hearing was opened in connection with th
matter.
Robert Kraft, partner with Langdon & Wilson,
Architects, appeared before the Commission on
behalf of the applicant and concurred with the
staff report and recommended conditions.
There being no others desiring to appear and be
heard, the public hearing was closed.
Motion
X
Motion was made that Planning Commission make t
Ayes
X
X
X
X
X
following findings:
sent
X
X
1. That the proposed map is consistent with
applicable general and specific plans.
2. That the design or improvement of the pro-
posed subdivision is consistent with
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Item #4
to TENTATIVE
rea MAP TRACT
07. 9626
APPROVED
t CONDI-
TIONALLY
or
is
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COMMISSIONERS
0 ��y9�� ;��� City of Newport Beach, MINUTES
• �� December 2. 1976
POLL CALL
applicable general and specific plans.
3. That the site is physically suitable for the
type of development proposed.
4. That the site is physically suitable for the
proposed density of the development.
5. That the design of the subdivision or the
proposed improvements will not cause sub-
stantial environmental damage or substantial
and avoidably injure fish or wildlife or the
habitat.
6. That the design of the subdivision or the
proposed improvements are not likely to
cause serious public health problems.
7. That the design of the subdivision or the
proposed improvements will not conflict witl
any easements, acquired by the public at
•
large, for access through or use of, proper
within the proposed subdivision.
B. That the discharge of waste from the propos
subdivision will not result in or add to an;
violation of existing requirements prescrib
by a California Regional Water Quality Cont
Board pursuant to Division 7 (commencing wi
Section 1300) of the Water Code.
9. That the granting of the lot size exception
will not be detrimental to the public welfa
or injurious to other property in the vicin
in which the property is located.
10. That proposed development will provide a
transition from the taller and larger build
ings which either exist or are proposed to
developed around Block D and the. proposed u
of similar exterior building materials (i.e
masonry and reflective glass) will maintain
the architectural character and intended
unity and character of the entire developme
Therefore, the Development Considerations a
outlined in the Planned Community Developme
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Standards are being met and the requested
site area exception is approved.
and approve Tentative Map Tract No. 9626, subje
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COMMISSIONERS
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City of Newport Beach
December 2, 1976
POLL CALL
to the.following conditions:
1. That this approval shall not be effective
until such time as the City Council has
approved Amendment No. 475.
2. That a final tract map be filed.
3. That all public improvements be constructed
as required by ordinance and the Public Work
Department.
4. That the water system be in accordance with
the requirements of the Irvine Ranch Water
District.
5. That the public sewer lines be extended so
that each lot has an individual sewer latera
connection to the public system.
6. That all applicable conditions of approval
•
for Tract No. 7953 be fulfilled.
7. That easements dedicated to the City be a
minimum of 15 feet in width, with wider
easements provided where required by the
Public Works Department.
8. Fire hydrant locations shall be approved by
the Fire Department and the Public Works
Department.
9. That all vehicular access rights to Von Kar
Avenue be dedicated to the City of Newport
Beach, except for one driveway approach
centered on the existing driveway on the wes
side of Von Karman Avenue.
10. That vehicular access to Campus Drive be
dedicated to the City of Newport Beach excep
for one of the following:
A. Two "Right Turn Only" driveway approache
at the location shown on the tentative
tract map. In addition, a raised median
shall be constructed in Campus Drive
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between Martin and Teller Avenues, or,
B. One driveway approach centered on a pro -
longation of the centerline of Bardeen
Avenue.
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COMMISSIONERS
City of Newport Beach
• ��� Ilaramhar 9. 1Q7f,
POLL CALL
.
11. That P.C.C. sidewalk having a minimum width,
six feet be constructed along the north side
of Birch Street, unless an approved alternal
continuous internal pedestrian circulation
system is provided.
12. That the interior circulation system, as it
relates to the public street access points,
be revised, and approved by the City Traffic
Engineer.
13. That detailed landscaping plans, including i
watering system and schedule for installatic
shall be prepared by a landscape architect
and shall be subject to approval by the
Director of Community Development and the
Director of Parks, Beaches and Recreation.
Said landscaping may consist of lawn, trees
shrubbery and other plant materials. The
landscaping and watering system shall be
installed in accordance with the approved
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plan and shall be properly maintained.
14. That there shall be submitted a declaration
of covenants, conditions and restrictions
setting forth an enforceable method of insu
ing the installation and continued maintenai
of the exterior of each building and all
common area improvements including, but not
limited to landscaping, ingress, egress and
parking acceptable to the Department of
Community Development, and in respect to
legal enforceability, the City Attorney.
Request to create two parcels of land for single
family residential development where a portion o
one lot now exists.
Location: A portion of Lot 3, Block B, Firs
Addition to Newport Heights, loca
ed at 2940 and 2944 Avon Street,
.
the northerly side of Avon Street
between Santa Ana Street and Rive
side Avenue in Newport Heights.
Zone: R -1
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Item #5
RESUB-
f DIVISION
NO. 534
t APPROVED
t- CONDI-
Dn TIONALLY
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COMMISSIONERS
s s City of Newport Beach MINUTES
Aso
• soy December 2, 1976
POLL CALL
Applicant: Keith W. Hosfiel, Newport Beach
Owner: Viola C. Munsey, Costa Mesa.
Engineer: Paul A. Cuomo, Newport Beach
Public Hearing was opened in connection with thi
matter.
Keith Hosfiel, 1000 Cliff Drive, appeared before
the Commission and concurred with the staff repo
and recommended conditions.
Ed Riddle, 227 Ocean View, appeared before the
Commission and suggested this would be a good ti
to develop Avon Street through to Santa Ana Aven
Staff advised that development of Avon Street wa
being studied under the Specific Area Plan for
Mariner's Mile.
There being no others.desiring to appear and be
heard, the public hearing was closed.
Planning Commission discussed the problems invol
ed in the development of this property, includin
construction of Avon Street from the subject pro
perty easterly to the existing pavement, possibl
need for additional right -of -way, and effect on
this property as a result of approval for improu
ments to Avon under the Specific Area Plan for
Mariner's Mile. It was pointed out that regardl
of the alternative plan for Avon Street under tt
Specific Area Plan for Mariner's Mile, it would
still be the responsibility of adjacent property
owners to make the improvements. However, since
any plan for Avon Street under the Specific Arez
Plan remained in the future and the request beir
considered must rely on present circumstances,
staff felt it was necessary to require the
recommended conditions of approval in order that
the subdivision and any development could stand
on its own and would contain the improvements
expected by potential buyers with respect to
access, utilities, etc.
*tion X
X F
Following discussion, motion was made that Plan-
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2. That the design or improvement of the propos
subdivision is consistent with, applicable
general and specific plans.
3. That the site is physically suitable for the
type of development proposed.
4. That the site is physically suitable for the
proposed density of development.
5. That the design of the subdivision or the pr
posed improvements will not cause substantia
environmental damage or substantially and
avoidably injure fish or wildlife or their
habitat.
6. That the design of the subdivision. or the
proposed improvements are not likely to caus
serious public health problems.
7. That the design of the subdivision or the
.
proposed improvements will not conflict with
any easements, acquired by the public at
large, for access through or use of, propert
within the proposed subdivision.
8. That the discharge of waste from th.e propose
subdivision will not result in or add to any
violation of existing requirements prescribe
by a California Regional Water Quality Contr
Board pursuant to Division 7 (commencing wit
Section 1300) of the Water Code.
9. That the requested exception is necessitated
the steep grade of the site and by the fact
that the substandard lot depth has existed
since 1954 when the subject property was sub
divided by deed from the remaining portion c
Lot 3, Block B, First Addition to Newport
Heights.
10. That if the exception were denied the petiti
er would be deprived of a substantial proper
right enjoyed by others in the area.
11. That the granting of this exception is comps
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ible with the objectives of the regulations
governing light, air and the public health,
safety, convenience, and general welfare.
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POLL CALL
and approve Resubdivision No: 534, subject to th
following conditions:
1. That a Parcel Map be filed.
2. That all public improvements be constructed
required by ordinance and the Public Works
Department.
3. That the.public water and sewer .lines be
extended so that each parcel has an individu
water service connection and sewer lateral
connection to the public system. (Note: Th
will require the construction of a water lin
and sewer main in Avon. Street from the vicin
of Parcel 1 to Riverside Avenue). Sewer pum
stations, if needed, shall be private, and
shall be located on the private property.
4. That a new fire hydrant be installed on the
north side of Avon Street in the vicinity of
•
the prolongation of the property line betwee
Parcels 1 and 2.
5. That sidewalk, curb and gutter, and a 24 -fo
width of pavement be installed along the Av o
Street frontage. The slopes needed to accon
modate standard street improvements shall be
located on the building sites. Any drainage
facilities needed shall be the developer's
responsibility.
6. That a 24 -foot width of pavement be installe
on Avon. Street from the easterly property li
to connect to the existing pavement easterly
of the site.
7. That the street improvements and public wate
and sewer facilities be shown on standard
improvement plans prepared by a licensed
Civil Engineer.
8. That.a standard subdivision agreement with
accompanying security be provided if it is
desired to record the Parcel Map or obtain I
building permit before the required public
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improvements are completed.
9. That additional street right of way be dedi
cated along the southwesterly portion of
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MOLL CALL
Parcel 1 so as to bring the half -width of
Avon Street up to the standard for local
public streets of 30 feet.
10. That a 6 foot minimum width private sewer
easement for the benefit of the northerly
portion of Lot 3 be provided across Parcel 2
11. That the research and the engineering needec
to resolve the sewer, water supply, grading,
drainage, and street improvement problems
associated with this development be the
responsibility of the developer.
12. Prior to the issuance of Permits, soil engil
eering and engineering geologic reports sha'
be required to determine the soil and geoloi,
conditions of the property and the recommeni
tions necessary to provide a safe and stable
building site.
Request to change the existing nonconforming use
of The Factory so as to permit professional offi
uses and occasional catered banquets on the site
where retail and specialty shops now exist in th
M -1 District.
Location: Lots 12 and 13, Block 331, Lancas
er's Addition, located at 425 - 3
Street, on the northerly side of
30th Street between Newport Boule
vard and Villa Way in Cannery
Village.
Zone: M -1
Applicant: Richard Lee Lawrence, Newport Bea
Owner: Same as Applicant
Public hearing was opened in connection with thi
matter.
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Richard Lawrence, 505 29th Street, appeared befo
the Commission in connection with this request.
He reviewed the proposed project and felt that
the office use would require less parking than t
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Item #6
USE PERMIT
:e N0. 1809
CONT. TO
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MOLL CALL
boutique and specialty shops. As to the occasioi
al catered banquets which would occur only durin,
evening hours, he felt there was sufficient on-
street parking in the Cannery Village to provide
parking.
Assistant Community Development Director Hewicke
advised that in the event structural alterations
or improvements in excess of the amount of $5,00,
were made to the building, it would be necessary
to file a resubdivision application combining Lo
12 and 13 since the building was constructed ove
the common property line between the two lots.
Mr. Lawrence presented colored renderings of the
proposed project and commented further on his
proposal as well as his intent to attempt to
secure parking on the Assistance League property
during the evening hours.
Planning Commission discussed the proposed uses
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and the need for parking.
Commissioner Seely suggested that possibly a fin
ing could be made stating that the nature of one
of the proposed uses was for banquet facilities
an occasional basis, and that conditions be
imposed to the effect that there would be no on-
site food preparation, that no permanent dining
facilities would be established on -site, that no
additional parking would be required by reason o
the contemplated occasional banquet use and that
the use would be subject to review either by the
Planning Commission or the Modifications Committ
following a one or two year period.
Commissioner Agee did not feel that approval of
the banquet facility without a parking requireme
regardless of the location of the kitchen or pre
paration area, was consistent with past approval
and was opposed to such a use unless restriction
were imposed providing the required parking.
Parking for the various uses was discussed and
Commissioner Balalis felt that since a change in
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use was being requested, this would be the time
the requirements.
change parking
Mr. Lawrence felt it was unfair to impose addi-
tional parking requirements because no parking
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NOLL CALL
was required when "The Factory" originally openec
and also because of the fact that he was reducin(
the number of businesses from 32 to 20, thereby
reducing the number of people being generated.
Commissioner Balalis pointed out the necessity fl
25 parking spaces during the day as well as the
night and felt that office uses and architectura
firms generated the kind of traffic which drives
directly to the place of business, whereas bouti
shops generated traffic already in the area.
There being no others desiring to appear and be
heard, the public hearing was closed.
Commissioner Agee felt that approval of the use
permit as proposed could present real problems i
the area and could set a precedent.
Commissioner Hummel commented that the City alre
had too many nonconforming uses and that approva
•
and relief for one property owner placed the
burden for parking on other property owners who
wish to develop their property. He felt that ea
property owner should provide parking and advise
that he could not support the request as propose
Commissioner Heather felt that the application
could be approved with the finding and condition
as suggested earlier by Commissioner Seely
relative to parking for the banquet use.
Motion
X
Following discussion and based on the fact that
no parking was available for the proposed uses,
motion was made that Planning Commission deny Us
Permit No. 1809.
Commissioner Seely opposed the motion as he felt
the recommended conditions of approval as stated
in the staff report would provide the controls
needed in connection with the catering use and
that the intensity of the daytime.use was being
reduced. He also commented on other businesses
in the area which have been approved with little
or no parking.
P
X
X
Following discussion, the motion was voted on ar
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X
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carried.
Absent
X
X
Commissioner Balalis commented that the parking
requirements for the Cannery Village were not
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ROLL CALL
realistic and suggested that the applicant and
staff come back to the Commission with some kind
of graduated parking to be provided over the next
few years under the Specific Area Plan for Canne
Village, in order that this matter could be reco
sidered.
Parking requirements for commercial uses in the
Industrial District were reviewed and discussed
as well as the suggestion that the matter be
reconsidered because of the potential for parkin
which may be obtained under the Specific Area P1
Motion
X
Motion was made to reconsider the action to deny
Ayes
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X
X
Use Permit No. 1809.
Noes
X
X
Absent
X
X
Motion
X
Motion was then made to continue Use Permit No..
1809 to the meeting of December 16, 1976, in ord
that further information could be obtained regar
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ing parking in the Cannery Village area.
Ayes
X
X
X
X
X
Following further discussion and clarification a
Absent
X
X
to the intent of the Planning Commission to give
this matter reconsideration, the motion was vote
on and carried.
ADDITIONAL BUSINESS:
Motion
X
Planning Commission gave notice of its intention
Ayes
X
X
X
X
X
to consider an amendment to the Rules of Procedu
Absent
X
X
at the regular meeting of December 16, 1976.
Motion
X
Planning Commission adopted Resolution No. 966,
Ayes
X
X
X
X
X
setting a public hearing for January 20, 1977, t
Absent
X
X
consider an amendment to the Newport Beach Muni
pal Code relative to notification procedures in
connection with Use Permit, Modification Permits
Variance Permits, Amendments, Resubdivisions and
Tentative Maps.
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Motion
X
Planning Commission adopted Resolution No. 967,
Ayes
X
X
X
X
X
setting a public hearing for January 20, 1977, t
Absent
X
X
consider an amendment to the Newport Beach Munic
pal Code providing for the Right of Review by Ci
Council in connection with Variance Permits.
Motion
X
Planning Commission adopted Resolution No. 968,
Ayes
X
X
X
X
X
setting a public hearing for January 20, 1977,
Absent
X
X
to consider a zone change on property located at
807 and 809 East Bay Avenue from C -1 to R -2; and
property located at 901 East Bay Avenue from C -1
to R -3.
Motion
X
There being no further business, motion was made
Ayes
X
X
X
X
X
to adjourn to the Joint Meeting with the City
Absent
X
X
Council on December 6, 1976, at 7:30 P.M. in the
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City Council Chambers.
WILLIAM AGEE, Secr tary
Planning Commission
City of Newport Beach
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