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Home My WebLink About12/05/1974l COMMISSIONERS m y p R�GALL � Present Motion Ayes Abstain r] Motion All Ayes 0 CITY OF NEWPORT BEACH Regular Planning Commission Meeting MINUTES Place: City Council Chambers Time: 7:00 P.M. nata. naramhar F_ 1Q7A ,unev X X X X X X X EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney Banjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Planning William R. Foley, Environmental Coordinator Shirley Harbeck, Secretary X Minutes of the Regular Meeting of November 7, 1974, X X X X X X were approved as written. Commissioner Beckley X abstained due to the fact that we was absent from the meeting. Item #1 Request to create four parcels for residential RESUB- development where two lots now exist. DIET ON NZ Location: Portion of Lot 17, Newport Heights, located at 2420, 2426 and 24262 - CONT. TO 15th Street, on the northeasterly DEC. i9 side of 15th Street between Gary Place and Powell Place in Newport Heights. Zone: R -1 Applicant: Margie Maxine Andrews, Newport Bea& Owner: Donald D. Andrews, Newport Beach X Planning Commission continued this matter to the meeting of December 19, 1974, as requested by the staff. Due to a possible conflict of interest, Commis- sioner Hazewinkel disqualified himself from deliberation on the following Item and therefore stepped down from the dais and was deemed absent. Page 1. COMMISSIONERS CITY OF NEWPORT BEACH G1 '^ ➢ m D m n m A ROWALL 0 0 Motion Ayes Absent MINUTES naramhar 5. 1974 unev Item #2 Request to create two parcels of land for develop- RESUB- ment where one lot now exists. DIVISION NOT 47 Location: Lot 7 of Tract 7953, located at 4770 Campus Drive, on the southerly APPROVED side of Campus Drive between Mac CONDI- Arthur Boulevard and Von Karman in TI N ELY Koll Center Newport. Zone: P -C Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant Engineer: Raub, Bein, Frost and Assoc., Newport Beach Assistant Community Development Director Hewicker advised of additional information received this date in that Parcel 1 would be used for the office building and that Parcel 2 would be used to pro - vide.the ingress, egress and parking for the build ing on Parcel 1; and that at a later date Parcel 2 would also be used for additional building sites. The staff, therefore, recommended the addition of a condition that a document be recorded satis- factory to the Director of Community Development and the City Attorney which would provide for ingress, egress and parking on Parcel 2 in favor of Parcel 1. Public hearing was opened in connection with this matter. Dave Neish, Manager, Planning Administration, The Irvine Company, appeared before the Commission and answered questions relative to the request. He advised there would be no parking on Parcel 1, that it was the applicant's desire to present an alternative parking design to the Commission for review at a later date, and that the applicant concurred with the staff report and recommended conditions. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made to approve Resubdividion No. 477, X X X X X subject to the following conditions: X Page 2. COMMISSIONERS CITY OF NEWPORT BEACH • 9� ��„ Y T y m � ' . A � on�rw�� m p N December 5, 1974 MINUTES INnEY 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That sewer service for Parcel 1 be provided by connecting to the existing main in Campus Drive; such connection shall be made in a manner satisfactory to Orange County Sanita- tion District No. 7. 4. That the combined pedestrian walkway and bicycle path be completed along Campus Drive and an appropriate easement be dedicated. 5. That, prior to development of Parcel 2, a resubdivision be processed on the triangular remainder parcel westerly of Parcel 2 in order to provide for coordinated planning and impro- vement construction. Arrangements shall be made to complete the widening of MacArthur • Boulevard and Campus Drive at (or prior to) that time. 6. That the design of the parking lots on Parcel 1 and 2 shall conform with the Parking and Median Design for Koll Center Newport as approved by the Planning Commission on May 3, 1973, unless the Commission determines that an alternative design will accomplish the same intent and purpose (i.e., that the alternative .design will provide more green area and open space within the parking lot and reduce the maintenance of the paved areas without reduc- ing the effeciency and function of the parking lot). 7. That a document be recorded, satisfactory to the Director of Community Development and the City Attorney, which would provide for ingress, egress and parking on Parcel 2 in favor of Parcel 1. Commissioner Hazewinkel returned to the dais. Page 3. COMMISSIONERS � m CITY OF NEWPORT BEACH noramhcr 1074 MINUTES unev r Item #3 Request to permit the installation of a wine USE tasting room within 200 feet of a residential PERMIT district in conjunction with a proposed retail 1� store. Further request to allow wholesale storage.on the property in question. APPROVED C N—b DI- Location: Lots 31 through 35, Tract 1210, TINNNAULY located at 1000 West Coast Highway on the northerly side of West Coast Highway, across West Coast Highway from the Balboa Bay Club. Zone: C -1 -H Applicant: Rolf Engen, Inc., Tustin Owner: Tract No. 1210, Ltd., Newport Beach Planning Commission questioned the staff as to the effect of this request on the parking for Kismet. Staff advised that the restaurant was not in operation at the present time, however should the restaurant use be reinstated, other off -site park- ing would have to be obtained and an off -site parking agreement provided or the size of the restaurant would have to be reduced. Planning Commission discussed the problems involve with off -site parking agreements as they pertain to the right of the lessee or sub - lessee to grant said parking. They also discussed the area in general and the possibility of developing a Specific Area Plan. Public hearing was opened in connection with this matter. Rolf Engen, President of Rolf Engen, Inc., appeare before the Commission to answer questions relative to the request, comment on the proposed operation, and concurred with the staff report and recommende conditions. Richard Stevens, 1221 W. Coast Highway, appeared before the Commission as a partner in Tract 1210, Ltd., as President of the Balboa Bay Club, and as an individual. He answered questions of the Commission, presenting background information as to property ownership, problems with lessees and advised of future plans to improve the entire strip along Coast Highway which is owned by Tract 1210. Page 4. COMMISSIONERS CITY OF NEWPORT BEACH T % T y p � � P N R CAII c Motion All Ayes 0 MINUTES noromhor 5. 1074 ,unev There being no others desiring to appear and be heard, the public hearing was closed. X Motion -was made to approve Use Permit No. 1741, subject to the following conditions: 1. That development shall be in substantial con- formance with the approved plot plan and elevations except for minor modifications which may be approved by the Department of Community Development. 2. That landscape and irrigation plans shall be submitted to and approved by the Director of Parks, Beaches and Recreation. Said plan shall provide for a mixture of trees, shrubs and groundcover which shall be continuously maintained. 3. All mechanical roof top equipment shall be screened in a manner meeting the approval of the Department of Community Development. 4. That a resubdivision application be processed and a parcel map be filed. 5. That all signs shall be approved by the Department of Community Development. Item #4 Request to establish one building site and elimi- RESUB- nate interior lot lines where five lots now exist DIVISION NO. 478 so as to permit the remodeling of the existing commercial buildings on the property. APPROVED Location: Lots 31 through 35, Tract 1210, CONDIZ located at 1000 West Coast Highway TIONALLY on the northerly side of West Coast Highway, across West Coast Highway from the Balboa Bay Club. Zone: C -1 -H Applicant: Rolf Engen, Inc., Tustin Owner: Tract 1210, Ltd., Newport Beach Engineer: Engineering Technology, Newport Beach Public hearing was opened in connection with this matter. Page 5. COMMISSIONERS CITY OF NEWPORT BEACH (1 p T M b P x RCOCALL Motion All Ayes 0 0 MINUTES December 5, 1974 INDEX Rolf Engen, President of Rolf Engen, Inc., appeare before the Commission and concurred with the staff report and recommended condition. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that Resubdivision No. 478 be approved subject to the following condition: 1. That a Parcel Map be filed. Item #5 Request to permit live entertainment in conjunc- USE tion with the proposed "Lakeside" Restaurant in PERMIT Koll Center Newport. 42 Location: Parcel Map 61 -1 ( Resubdivision APPROVED CONDI- No. 399) located at 4110 MacArthur Boulevard, on the easterly side of TIONALLY MacArthur Boulevard between Birch Street and Von Karman Avenue in Koll Center Newport. Zone: P -C Applicant: Irvin W. Martenson, Fullerton Owner: Irvin W. and Cheryl Martenson, Fullerton Public hearing was opened in connection with this matter. Laurence Hutner, Jr., 10363 Cheviot Drive, Los Angeles, 90064, Architect, appeared before the Commission and voiced concern with Condition No. 1 and whether there would be a change in the parking requirements before the working drawings were presented for issuance of building permits. Assistant Community Development Hewicker advised that the reason for Condition No. 1 was to pre- clude any false impression that approval for the live entertainment was an endorsement by the staff or the Commission to the occupant load or the design of the parking lot, as these matters can only be determined at the time actual working drawings are presented to the Department for issuance of permits. Page 6. COMMISSIONERS CITY OF NEWPORT BEACH n m A December 5. 1974 MINUTES iuncy Irwin Millman, 1525 Camino del Sol, Fullerton, proposed restaurant operator, appeared before the Commission and advised of the operation of the lounge. He also answered questions relative to sound attenuation. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the request and voiced concern over the possibility of changing the.lounge to a theater type seating for showtime which would effect the occupancy and parking factors. In order to obtain more information, the public hearing was re- opened. Laurence Hutner, Jr., Architect, advised that it was their intent to set up the lounge with a table configuration and not a theater configura- tion. • Irwin Millman, proposed restaurant operator, advised that the operation would be similar to that of the Dal Rey Restaurant on Harbor Boulevard in Fullerton which he also manages and clarified in greater detail the intent of the operation and seating configuration. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made to approve Use Permit No. 1742, All Ayes subject to the following conditions: 1. That approval of this use permit does not constitute an approval of the parking lot layout nor a determination of the occupant load of the restaurant. 2. That the live entertainment shall be confined to the interior of the restaurant building. 3. That there shall be no sound amplification used outside of the restaurant building. Page 7. 0 COMMISSIONERS CITY OF NEWPORT BEACH fn T a T < Y A m December 5, 1974 MINUTES INDEX Proposed amendment to the Newport Beach Municipal Code pertaining to the control and regulation of Item #6 AMENDMENT NO. 435 signs. CONT. TO Initiated by: The City of Newport Beach JAN. 16 Community Development Director Hogan distributed additional items of correspondence which had been received as well as a summary from the Chamber of Commerce as to their position on the matter. The summary indicated they were opposed to any changes other than a collation and clarification of the existing ordinance, however, if a more stringent ordinance was necessary, they requested their version be given consideration. Environmental Coordinator Foley reviewed the new ordinance as presently proposed by the City and at the same time reviewed the Chamber's version of the ordinance in order to present a comparative analysis of each. Planning Commission recessed at 8:50 P.M. and reconvened at 9:05 P.M. Public hearing was opened in connection with the proposed sign ordinance, Amendment No. 435. William D. Lusk, President of the Newport Harbor Chamber of Commerce, appeared before the Commis- sion to comment on the proposed sign ordinance. The Chamber was opposed to the adoption of such a restrictive sign ordinance and felt that if problems exist under the present ordinance, they could be handled through the enforcement procedure of the present ordinance. Their main objection was the lack of a grandfather clause to protect existing signs and the economic effect of the proposed ordinance on businessmen throughout the City. Planning Commission discussed the matter of amortization as opposed to grandfathering and the possible need for both sections to be included in the ordinance. Page 8. COMMISSIONERS CITY OF NEWPORT BEACH n m a � P 9 December 5, 1974 MINUTES INDEX Michael Gering, 1350 Sussex Lane, Newport Beach, appeared before the Commission on behalf of the Newport Harbor Chamber of Commerce and advised tha the attitude of the Chamber and the people present was that they do not want a new sign ordinance but that the present sign ordinance should be recodi- fied. He responded to previous comments made in connection with the function of the Chamber. He also felt there was no need for a new ordinance, however, if the City was determined to adopt a new ordinance, there were specific areas which needed further study. Environmental Coordinator Foley reviewed statistic on the effect of the proposed sign ordinance to existing businesses within the three areas which were included in a previous survey. Michael Gering commented further on the matter of fairness to the new businessman coming into the community and the economic factors involved in the removal and replacement of signs. • Irving Berg, 2301 Bayside Drive, appeared before the Commission in favor of the proposed sign ordinance and suggested that the schedule for amortization of signs be the same as that determin ed by the business' IRS report. He congratulated the staff and the Planning Commission on their respective roles in revising the sign ordinance and felt that same was not so restrictive as to effect any business he may wish to enter. Ames Hendrickson, President of the Merchants Association of Fashion Island and Manager of The Broadway, appeared before the Commission in opposi- tion to the sign ordinance. He advised they were the only large regional shopping center within the Orange County area not located adjacent to a major freeway and therefore needed large signs which could be seen from the local arterial highways. He commented on the section of the.ordinance per - taining to nonconforming signs and felt it would be better to keep the existing ordinance in effect Forrest Fulmer, 30 year resident of Newport Beach appeared before the Commission to comment on the grandfather clause and questioned the "who" and • "why" of the revisions to the sign ordinance. In answer to his question, the goals of "Newport Tomorrow" were presented and discussed by the Commission as they pertain to signs and the businessman. Page 9. COMMISSIONERS CITY OF NEWPORT BEACH T T Z = q T L G1 n D m D I„ i T m 4 YZ T A Y December S. 1974 MINUTES .,V Y� Y/'.L• / IDYL^ George Perlin, operator of two service stations on the peninsula, appeared before the Commission and felt there should be a sign ordinance, however, he did not feel there was a problem with the exist ing ordinance. Herb Brownell, architect, 1950 W. Coast Highway, commented on the sign ordinance and felt the matter needed further study. Blackie Gadarian, owner of Blackie's Boat Yard, appeared in opposition to the proposed sign ordin- ance and felt the present ordinance should remain in effect and be enforced. Rick Graves, Manager of the San Franciscan Rest- aurant, 1617 Westcliff Drive, commented on the safety factors involved when signs were too low and too small for people to read. Howard Richardson, of Howard's Chevrolet, appeared in opposition to the ordinance and presented an aerial photo of his signs for review. He comment- ed on the financial hardship involved with respect to compliance with the proposed ordinance and urged the Commission to table the matter. He also advised that the signs were approved under a.use permit and felt they should remain as established under the use permit. Ed Nigro, General Manager of the Newporter Hotel Company, commented on their need for signs and advised their present signs were allowed under a use permit, that they were in good taste, and that they were inportant to their business complex. George Mashmire, Vice President of Mariners Saving and Loan commented on their need for signs and felt the present ordinance was adequate. Bob Rubien, proprietor of the Crab Cooker, comment- ed on the basic rights of businessmen and felt the existing regulations were sufficient. Jack Cronstead, Newport Travelodge, felt the proposed ordinance was unreasonable. Jim Edwards, 3900 Channel Place, owner of Edwards Newport Cinema, commented on theater signs and the inequity of requiring signs to be removed which were installed under a previously approved use permit. Page 10. COMMISSIONERS CITY OF "NEWPORT BEACLI D T Z 2 a T f D m D p. 3 o�reu m p w noramhar 5. 1974 MINUTES Dale Anderson, Spoiler Yachts, 2300 West Coast Highway, commented on the importance of signs to his business and opposed the regulation of requir- ing lights to be turned off after closing. Andy Johnson advised of the lack of provisions for representatives to rent, lease, or sell property on behalf of out -of -town property owners who cannot physically represent themselves. Nelson Robinson, 505 Fullerton, appeared in opposition to any proposed or revised sign ordin- ance and commented on the cost of removal and replacement of existing signs. Leonard Smith, 1601 Lincoln Lane, appeared in opposition to the proposed sign ordinance. C. E. Brown, 2661 Basswood Street, quoted an editorial from the Ensign Newspaper regarding Government and regulations. Valerie Murley, Chairman, Citizens Environmental • Quality Control Advisory Committee, appeared in favor of the proposed sign ordinance. Don Elder, President of the Balboa Improvement Association, felt the proposed ordinance was too restrictive and should be tabled. Robert Moyer, United California Bank, felt the proposed ordinance should not be adopted as it would cost too much money to remove and replace signs. Elsie Painter, Director of Operations, Lido Shores Hotel, 617 Lido Park Drive commented on their need for signs. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Amendment No. 435, the sign ordinance, be tabled and that the staff be direct- ed to review and remove from the Municipal Code all existing sections which relate to signs and that those sections be gathered into one codified sign ordinance without further changes. • The motion was discussed and some of the Commis- sioners felt such a motion was premature as new information had been received during the public hearing which needed further review before taking Page 11. COMMISSIONERS i Z A p N F � m Ayes Noes I Motion Motion Ayes Noes 0 Motion All Ayes 0 CITY OF NEWPORT BEACH MINUTES December S. 1974 . IA VCA action, such as adding a grandfather clause, enforcement, and review of the Chamber's proposal. X Following discussion, the motion was voted on and X X X X X failed. X Motion was made to continue this matter to the meeting of December 19, 1974, pending further review. X Following discussion as to the best date for a X X X X continuance of this matter, the motion was amended X X to continue the hearing on the sign ordinance, Amendment No. 435, to the meeting of January 16, 1975. Item #.7 Request to establish the Planned Community Devel- AMENDMENT opment Plan and Development Standards for the N0. 434 "Corporate Plaza" Planned Community in Newport Center, and the acceptance of an environmental CONT. TO document. DEC. 159 Location: Portion of Block 93, Irvine's Subdivision, Parcel l of Parcel Map 27 -17 (Resubdivision No. 269) and Parcel 1 of Parcel Map 58 -29 (Resubdivision No. 404) on property bounded by East Coast Highway, Newport Center Drive, Farallon Drive and the future extension of Avocado Avenue, in Newport Center. Zone: P -C Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant X At the request of the Applicant, Planning Commis- sion continued this matter to the meeting of December 19, 1974. Item #8 Request to create twenty -one numbered parcels for RESUB- commercial development, one lettered parcel for DrTrgT N street purposes, and one lettered parcel for a NO. 465 common parking lot for the "Corporate Plaza" Planned Community in Newport Center. CONT. TO DEC. T9 Location: Portion of Block 93, Irvine's Page 12. COMMISSIONERS D(J m D T Y T (1 T r � T Motion All Ayes M�n A11- Aye s 0 CITY OF NEWPORT BEACH MINUTES December 5. 1974 INDEX Subdivision, Parcel 1 of Parcel Map 27 -17 (Resubdivision No. 269) and Parcel 1 of Parcel Map 58 -29 (Resubdivision No. 404) on property bounded by East Coast Highway, Newport Center Drive, Farallon Drive and the future extension of Avocado Avenue, in Newport Center. Zone: P -C Applicant: The Irvine Company, Newport Beach Owner.: Same as Applicant Engineer: Simpson - Steppat, Newport Beach X At the request of the Applicant, Planning Commis- sion continued this matter to the meeting of December 19, 1974. X There being no further business, motion was made to adjourn the meeting. Time: 11:40 P.M. ?JAME S P ARKER, Secretary nning Commission y of Newport Beach Page 13. INDEX