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HomeMy WebLinkAbout12/14/1972COMMISSIONERS CITY OF NEWPORT BEACH - rwc+ssap m n Adjourned Planning Commission Meeting ,n 1cN m a a �'^ Place: Council Chambers � MINUTES Time: 7:30 P.M 18L cn: u Date: December 14, 1972 INDEX Present Absent Motion Ayes Abstain Absent ion Ape S Absent 0 x x x x x X EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director David R. Baade, Assistant City Attorney STAFF MEMBERS James D. Hewicker, Asst. Community Development Dir. William R. Foley, Senior Planner Dottie Banks * * * * * * * * * * * * Minutes of the Regular Meeting of November 16, 1972 XK X were approved as written. Heather abstained due to x the fact that she was absent from the meeting. X i Minutes of the Adjourned Meeting of November 30, X X U X 1972 were approved as written. * * * * * * * * * * * * Item 'A -1 Environmental Impact Report of Koll Center Newport filed in conjunction with the Tentative Map of Tract 7953 (Revised) to permit the subdivision of E.I.R. TEEN TRACT 166.343 acres into fifteen lots for commercial and 7953 industrial development. #EIR /NB 72 -005R APPROVED Location: Portion of Block 50, Irvine's Sub- division, located at the northeaster ly corner of MacArthur Boulevard and Jamboree Road (Collins Radio Property). Zone:' P -C Applicant: Collins Radio Company, Newport Beach Owner: Koll Center Newport, Newport Beach Engineer: Raub, Bein, Frost & Associates, Costa Mesa Chairman Glass reviewed the application and opened the Public Hearing. Page 1. COMMISSIONERS CITY OF NEWPORT BEACH ,Cn CAD yND D O MINUTES R& CALL n P r P m h a r IA 1079 INDEX Timothy L. Strader, attorney at law representing the applicant and owner, appeared before the Commission and stated they accepted the findings of the staff as reported. In response to the Planning Commission, Assistant Community Development Director Hewicker stated that with respect to the extension of Campus Drive across the San Joaquin Marsh, it was under consideration by the City of Irvine. In response to the Planning Commission, Robert Bein of Raub, Bein, Frost & Associates stated that with respect to road drainage that goes into the San Joaquin Marsh, most of the water runoff doesn't get to the marsh and 20% is being controlled in an existing water system. here being no others desiring to appear and be heard, Chairman Glass closed the Public Hearing. Chairman Glass stated that the word "minimize" in Finding No. 6 should be changed to "mitigate, to • degree ". Commissioner Martin concurred. Discussion followed on fire service and fire station site. and Commissioner Heather added Finding No. 7 to the following motion. Motion X The Planning Commission approved the following Ayes X X X X Windings: Absent X 1. That the E.I.R. covers the six requirements set forth in Section 21100 of the Public Resources Code. That the basic land uses are compatible with surrounding land uses. 3. That the major adverse impacts of this project will be: (a) A substantial growth- inducing impact. (b) An increase in traffic volumes in the general area. (c) An increase in demand for air transporta- tion services. (d) An increase in demand for urban services. Page 2. COMMISSIONERS CITY OF NEWPORT BEACH ya�GrS rn Tin T ZZ MINUTES CALL 7 mP p December 14, 1972 INDEX 0 9 (e) An increase in air pollutants, noise and water runoff. 4. That these impacts are, to some degree, unavoid - ble if the vacant portions of this site are to be developed in any manner. 5. That all of these impacts and potential mitiga- tion measures have been reviewed and considered in conjunction-with the adoption of the Planned Community Text, and in conjunction with Tentative Map 7953 (Revised). 6. That development standards have been included in the Planned Community Text and conditions have been placed on the Tentative Map which will mitigate, to a degree, the adverse impacts of this project. 7. Although the E.I.R..assumes fire station servic from a site in Newport Place which may be deleted, the City recognizes that fire service is ,a necessity and will be provided. * * * * * * * * * * Chairman Glass complimented the staff on their pre- sentation of findings on E.I.R.'s which has facilitated the Commissioners' consideration. Request to permit the construction of a public arking garage that exceeds the basic height limit reA ithin the 26/35 foot height limitation zone, and the acceptance of an Environmental Impact Report. EIR /NB 72 -020 Location: Lot 1, Tract 1235, and a portion of Lot 2, Tract 1117, located northerl 1EIGHT R I- of Via Lido, easterly of Newport N E Boulevard, and southerly of Via Oporto, in Central Newport. INDING V D Zone: C -1 Applicant: Eastman -Koll Company, Newport Beach wner: Don K oll Company, Newport Beach LE ED hairman Glass reviewed the application. LY Page 3. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES y�,�ar'vmyp ^ m N RS cwu .p1 p December 14, 1972 INDEX Assistant Community Development Director Hewicker stated that th-e report did not cover the provision for .75 spaces per slip in the proposed parking structure to accommodate the expansion of the existing marina facility. He further stated that investigation of leases and building permits indi- cated parking rights of the bank and existing shop owners in the Lido Shop Area and that there was a proposal to remove on- street parking due to street - i scaping and landscaping. In response to the Planning Commission, Senior Planner Foley answered questions regarding the present existing parking spaces and proposed re- quired parking spaces, indicating same on proposed site plan. A lengthy discussion followed on history of parking permitted by bulding permits, leases, and H factor in effect; parking in excess of code requirements or number of extra parking spaces provided by ex- ceeding height limitation; parking required now and parking requirements of the future; and • lessor's obligation to provide parking. In response to Planning Commission's question re- garding impact of traffic flow through the area and undesirable left turn situation, Senior Planner Foley stated he had a verbal report from Traffic Engineer Jaffe who agreed with all of the conclu- sions reached in the traffic study summarized in. the E.I.R., which were increase in traffic flow end some delays in left turn movements onto Via Lido which could be accommodated without undue delay. Chairman Glass opened the Public Hearing. Don Koll, Applicant and Owner, appeared before the Planning Commission to answer questions in regard to this request' In response to the Planning Commission, Community Development Director Hogan stated that reasons for justifying additional height are (1) provision of open space that would not be required otherwise and (2) improved aethetics of the area providing addi- tional view and access to the water. . Hal Hagen, Co -Owner of the Bay Lido Building on Central Avenue, appeared before the Commission and spoke in favor of this project. Page 4. COMMISSIONERS CITY OF NEWPORT BEACH m f m Z 2 MINUTES R CALL December 14, 1472 INDEX Tim Strader, one of Don Koll's partners, appeared before the Commission and requested that Condition No. 1 be changed so that this zoning exception be approved based upon Applicant's agreement to'pro- cess the necessary parcel map. Further discussion followed on Conditions Nos. 5, 7, 8, and 13. J A lengthy discussion followed on public walkway access and easements. There being no others desiring to appear and be heard, Chairman Glass closed the Public Hearing. Motion X The Planning Commission approved the following Ayes X X XX X X findings of Environmental Impact Report EIR /NB Absent 72 -020: a) That the report addresses itself to the six areas specifically referred to in Section 21100 of the Public Resources Code. ib) That the basic land use is compatible with sur- rounding land uses. c) That the major adverse environmental impacts created by this project will be increased traffic volumes and a change in the scale of structures in the area. d) That these impacts will be off -set by the cre- ation of new public access to Newport Bay and will be minimized by the Conditions of Approval of Use Permit Application No. 1636. Motion X Discussion followed on Height Limitation Ordinance Ayes X X X X exception and the Planning Commission approved Noes X Height Ordinance Finding that total project does Abstain X meet the four criteria for exceeding basic height Absent X limitation. Motion X Motion was made to approve Use Permit Application No. 1636 subject to the 16 conditions as revised. Motion X Following discussion, a motion was made to amend Ayes X X Condition No. 7 to substitute "Planning Commission" Noes X X X X for "Director of Community Development ". Motion AlVnt X failed to carry. Motion X Following further discussion, the Planning Commis - Ayes X K X X X sion approved Use Permit Appplication No. 1636 sub - Noes X ject to the following conditions: Absent X Page 5. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Dc�� ➢^`vO mf�D ND pN m x N m a m iP f m Z 2 < Z p P Re CALL December 14, 1972 INDEX 1. The applicant shall enter into an agreement with the City of Newport Belch to file the necessary parcel map. 2. That the existing water and sewer lines crossing the site be removed where they conflict with new building construction, and that the stubs be revised as necessary to serve the new building or be terminated in a manner satisfac- tory to the Public Works Department. 3.. That the easements or portions thereof from which the utility lines have been removed be vacated and abandoned. 4. That all construction work affecting the water and sewer lines, and the street improvements within the public right -of -way, be shown on a standard plan prepared by a licensed civil engineer. 5. That the applicant enter into an agreement with the City of Newport Beach guaranteeing that the iproposed remodeling of the existing commercial and residential structures between Via Oporto and Newport Bay will substantially conform to the plans and statements submitted as part of this application, and that the remodeling be completed prior to March 1, 1974. This agree- ment shall be prepared in a manner satisfactory to the City Attorney and shall be executed prior to the issuance of any building permits. 6. Prior to the issuance of building permits for the proposed remodeling, the Department of Community Development Director shall review the plans to ensure that the intent of this use permit is fulfilled. 7. That the applicant make an irrevocable offer to dedicate a public easement adjacent to the bulkhead for the entire 360 ft. of bay frontage and at least one easement extending from Via Oporto to the bulkhead. Said easements shall be designed and located in a manner meeting the approval of the Director of Community Develop - mpnt. .These offers shall be exercised by the City upon completion of the remodeling or March 1, 1974, whichever occurs first. 8. That approval of this use permit does not in- clude any approval of plans for the proposed expansion of the adjoining marina facility; Page 6. COMMISSIONERS CITY OF NEWPORT BEACH DG,m� ymyO T �DN N�Da p'N Y1_1 n ItSCALL n U • MINUTES December 14, 1972 INDEX however, 25 parking spaces for the marine ex- pansion have been provided. 9. That the applicant shall prepare plans for spe- cial streetscape treatment along Via Oporto. Said plans shall be reviewed and approved by the City staff and the City Council. 10. That the parking structure be constructed in substantial compliance with the plans submitte . 11. That the private alley behind the existing shops fronting on Via Lido be designed in such a way as to provide adequate delivery space to the shops. 12. That a validation system shall be implemented which will.provide short -term customer parking for the existing shops on Via Lido and all new shops and offices. 13. That none of the parking spaces shall.be re-, served. 14. That the public curb parking spaces not be re- moved until the parking structure is completed. 15. That the applicant initiate a request to ex- tend a center median in Via Lido across Central Avenue. 16. That left turns onto Via Lido from the Via Lido exit be prohibited. Planning Commission recessed at 10:05 p.m and re- convened at 10:10 p.m. * * * * * * * * * * tem B -1 Request to create two parcels of land for develop- ESUB- ent. IVISION 0. 371 Location: Portion of Block 50, Irvine's Sub - division, located on the south- PPROVED ONDI- westerly side of Quail Street be- tween Westerly Place and Spruce MONALLY Avenue in "Newport Place ". one: P -C Page 7. COMMISSIONERS CITY OF NEWPORT BEACH. MINUTES T �qV' Tya aN m v Z p A cau :p TlDecember 14, 1972 INDEX Applicant: Emkay Development Co., Newport Beac Owner: Same as Applicant Engineer: Raub, Bein, frost & Assoc., Costa Mesa jChairman Glass . reviewed the application and staff report with the Planning Commission.. In response to the Planning Commission, Assistant Community Development Director Hewicker answered uestions in regard to access plan along Bristol. ohn Ullom of Raub, Bein, Frost & Assoc. appeared efore the Planning Commission and answered question ith regard to access and improvement to Bristol. d Ruwaldt, Vice President of Emkay Development.Co., appeared before the Planning Commission and stated e agreed with the conditions of the staff report. otion ! X he Planning Commission approved Resubdivision No. yes X X�XX X X371 subject to the following conditions: bsent X 1. That a parcel map be filed. 2. That all public improvements be constructed as required by ordinance and the Public Works De- partment. . That separate water and sewer services, satis- factory to the Public Works Department, be pro- vided to each parcel. 1. That a six foot wide P.C.C. sidewalk, located immediately behind the curb, be constructed along the Quail Street frontage. That the public improvements adjacent to Parcel 2 be constructed as part of the North Bristol Street frontage road project. That vehicular access points to Parcel 2 from North Bristol Street correspond to the master plan locations currently under design. i Page 8. COMMISSIONERS CITY OF NEWPORT BEACH y�,T�Ivm vO x p A CALL � Motion Ayes Absent 0 MINUTES December 14. 1972 INDEX Item B2 Request to amend the Planned Community Development Standards for "Newport Place ", bounded by MacArthur AMENDMENT Boulevard, Jamboree Road, Bristol Street, and Birch N0. 349 Street, to permit a mechanical car wash on Service Station Site #1 and to eliminate the fire station APPROVED provisions in Industrial Site #3A. AS PRO- POSED Location: Portion of Block 50, Irvine's Sub - division, located on the easterly corner of Dove and Birch Streets (Service Station Site #1) , and the RESOLU- TION 781 DO ED I easterly corner of Birch and Bristo Streets (Industrial Site #3A). Zone: P -C Applicant: Emkay Development Co., I f Newport Beach Own.er: Same as Applicant Chairman Glass reviewed the application And staff report with the Planning Commission.. Assistant Community Development Director Hewicker stated that the staff would like to retain the fire station as a permitted use within Industrial Site #3A and gave background details on this request. i I Chairman Glass opened the Public Hearing. Ed Ruwaldt, Vice President of Emkay Development Co. addressed the Commission, stated they concurred with recommendation of the staff, and answered questions relative to this request. Discussion followed on proposed service station sites and noise element associated with a car wash. There being no others desiring to appear, Chairman Glass closed the Public Hearing. The Planning Commission approved Amendment No. 349 X YX X X proposed and the adoption of Resolution No. 781. X Item B -3 equest to permit the construction of an automatic ar wash with gasoline service, automotive and'boat axing, retail sales, and a take -out restaurant. SE ERMIT 4 ocatiOn: Parcel 1 of Parcel Map 45/25, located PPROVED Page 9. ON I- ALLY COMMISSIONERS CITY OF NEWPORT BEACH MINUTES <N4mZ.Z is CALL m1 Deremhpr 14. 1879 !MDEX on the easterly corner.of Birch and Dove Streets in "Newport Place ". Zone: P -C Applicant: Beacon Bay Enterprises, Inc Newport Beach Owner: Emkay Properties, Inc. Newport Beach Chairman Glass reviewed the application and staff report with the Commission. Assistant Community Development Director Hewicker added that the staff report indicated an attached environmental impact report which should be correct (d to an impact report which was supplemental informa- tion submitted voluntarily by the Applicant and not required by. staff and need not be considered by the Commission. Further, Mr. Hewicker emphasized that although the proposed car wash will have retail • sales of.gasoline that the staff does not consider this a service station. He also stated that the staff did not feel a proposed fast food operation in conjunction with a car wash was warranted. Discussion followed on food vending machines, pro- posed take -out restaurant, noise element of car wash, and water runoff in storm drains. Chairman Glass opened the Public Hearing. Jack Shea of Beacon Bay Enterprises, Inc. addressed the Planning Commission relative to fast food ser- vice, noise element, signs and water runoff. Discussion followed on Condition No. 5 on signs. Assistant Community Development Director Hewicker pointed out that Condition No. 5 was comprised of those permitted under the Service Station Ordinance and the P -C text. Further discussion followed on the Service Station Ordinance and the P -C Text and proposed signs, noise element in Condition No. 3, water runoff in storm drains and setbacks. There being no others desiring to appear, Chairman Glass closed the Public Hearing. Discussion followed on landscaped sign in planter. Page 10. COMMISSIONERS CITY OF NEWPORT BEACH yGim� vmvO A, �YN Tya peN Tw £ T Zi MINUTES alt CALL December 14, 1972 INDEX Motion YA motion was made to accept signs as proposed in Condition No. 5 and to add Condition No. 15 rela- tive to pollutants entering storm drains. Motion X Following discussion, an amendment was made to Ayes X X Condition No. 3 to add after the words "ambient Noes X X X levels" the words "60 dB(A) or whichever was lower ". Absent X Amendment failed to carry. Motion X An amendment was made to Condition No. 3 to add Ayes K YX X after the words "ambient levels" the words "65 Noes X dB(A) ". Amendment carried. Absent X The original motion with Condition No. 3 as amended Motion XCondition No. 5 as modified, and the addition of Ayes X X X XCondition No. 15 was voted on and the Planning Absent X Commission approved Use Permit Application No. 1641 subject to the following conditions.: 1. That the use permit shall be limited to the car wash and the sale of gasoline and automotive products related thereto. • 2. That there be no outside display of automotive or other products for sale. 3. That noise levels, measured at the property lin , shall not exceed the ambient levels of 65 dB(A) which may be expected from the development of the adjoining sites. Prior to the issuance of building permits, the applicant shall retain an acoustical engineer to analyze and certify to the Director of Community Development that acceptable noise levels will be maintained and the measures which have been employed in the de- sign of the structure will assure that this re- quirement is met. 4. That landscape and irrigation plans be.submitte to and approved by the Department of Community Development. Said landscape plan shall include berms and landscaping to adequately buffer the automobile car wash and gasoline service areas from "Retail Commercial Site No. 2" and from the adjacent public streets. The landscaping and irrigation shall be implemented in accord- ance with the approved plans and shall be con - tinuously maintained. 5. That all signs will agree with plans as sub- mitted by the applicant. 6. Trash areas shall be located inside the buildin Page 11. COMMISSIONERS CITY OF NEWPORT BEACH 9 m Z Z P � f� 9 N 9 q 0 m r N m Z I T T £ m < i p ,n A RG CALL December MINUTES 14, 1972 INDEX or shall be enclosed by walls, integrated with the design of the proposed facility. 7. A.public telephone shall be permitted, provided it is well lighted, in a location which is visi- ble from a street, and accessible on a twenty - four hour basis. 18. All lighting fixtures shall be located so as to shield direct -rays from adjoining properties.. Luminaires shall be of a low level, indirect diffused type and shall not exceed a height of greater than twenty (20) feet above finished grade. 9. Parking on site is prohibited except for such vehicles as are in the process . of being washed and those belonging to employees. 10. Use of the proposed fire pit in the waiting area shall be subject to the approval of the Fire Marshal. 1. That a P.C.C. sidewalk with a mi.nimum width of eight feet on Birch Street and six feet on Dove Street and Scott Road be constructed. 2. That water and sewer services satisfactory to the Public Works Department be provided to the parcel. �3. That the applicable conditions of approval applied to the Tentative Map of Tract 7382 be complied with (i.e., street trees, etc.). 4. No building permits for the automatic car wash facility shall be issued until such time as the City Council has approved Amendment No. 349. 5. The site will be designed in such a manner that no pollutants other than normal parking lot con- taminates shall enter the storm drain system. Item B -4 SE equest extension of time to permit the constructio f a Boys' Club. FERMIT Location: Portion of Block 52 of Irvine's Sub 3 division, located at 2555 Vista del PPROVED Oro, on the westerly side of Vista ENSION del Oro, approximately 240 feet 17 WE— EAR Page 12. • COMMISSIONERS CITY OF NEWPORT BEACH y4� mC v m> O r £ m Z MINUTES i A p ALL DPcpmhar 14. 1079 INDEX Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent northerly of the intersection of Vista del Sol and Vista del Oro in Eastbluff Park. Zone: R- 4- B -2 -UL Applicant: City of Newport Beach Owner: Same as Applicant (Chairman Glass reviewed the application and staff report with the Planning Commission. In response to the Planning Commission, Assistant Community Development Director Hewicker stated that he City is the property owner.until the start of construction. X lollowing discussion, the Planning Commission X X X H X pproved that Use Permit Application No. 1503 be xtended for one additional year. Item B -5 equest to consider adding Chapter 20.33 to the AMENDMENT ewport Beach Municipal Code regarding the esta- 0. 35 lishment of an Open Space District in the City of ewport Beach. CONT. TO DEC. 21 T Initiated by: The City of Newport Beach X t the request of Community Development Director X X X X X Hogan, the Planning Commission continued this matte to December 21, 1972. X X XX X X X here being no further business, Planning Commission djourned at 12 Midnight. X v ACO INE E. HEATHER Secr ary, Planning Commission City of Newport Beach Page 13.