HomeMy WebLinkAbout12/18/1969CITY OF NEWPORT BEACH
Minutes of: Regular Meeting of Planning Commission
Date: December 18, 1969
Time: 8:00 P.M.
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COMMISSIONERS
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ROLL CALL
Commissioners Present:
Commissioners Absent:
x
x
x
x
x
xx
EX-OFFICIO
MEMBERS
Present: Laurence Wilson, Planning,Director
Tully H. Seymour, City Attorney
Benjamin B. Nolan, City Engineer
STAFF MEMBERS
Present: James E. Nuzum
Rodney L. Gunn
William R: Foley
Helen Herrmann
MINUTES
On motion of Commissioner Adkinson, seconded
by Commissioner Glass, and carried, the minute
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of December 4, 1969 were approved.
Item 1.
USE PERM11
Request to construct and operate a drive -in
take -out restaurant.
Location: Lots 22 and 23, Tract 1210,
located at 720 West Coast Highway
No. 1449
WITHDRAWN
on the north side of West Coast
Highway opposite the Bayshores
community.
Zone: C -1 -H
Applicant: Alexander Torbitt III, Newport Be
ch
Owner: Balboa Bay Club, Newport'Beach
The application was withdrawn at the request
Motion
x
of the applicant's attorney, John Hopwood.
Second
x
All Ayes_
Page 1.
CITY OF NEWPORT BEACH
Am December 18. 1969
COMMISSIONERS
Item 2.
VARIANCE
Request to permit a 3 story dwelling in a
N��J$i
District allowing only 2 stories.
WITHDRAWN
Location: Lot 5, Block 57, Ocean Front Tract
located at 5709 Seashore Drive, so
th
side of Seashore Drive between 57t
Street and 58th Street.
Zone: R -2
Applicant: Rolly Pulaski, Costa Mesa
Owner: Bernard J. Bannan, So. Pasadena
The application was withdrawn at the request
Motion
x
of the applicant, Rolly Pulaski:
Second
x
All Aye
Item 3.
REAIAPDIVI
Request to create a parcel of land as the site
S 280
for a future 6 story professional office build-
ing.
APPROVED
Location: Portion of Block 55, Irvine's Sub-
division, located at the northwest
corner of Newport Center Drive Wes
and Santa Cruz Drive.
Zone: C- O -H -UL
Applicant: The Irvine Company, Newport Beach
Owner: Same as applicant.
Mr. Rod Stone, Project Engineer for the Irvine
Company, was present at the meeting and stated
that the Irvine Company was aware of the pedes-
trian problem existing in Newport Center;
however they did not feel that this applicatio
should be held up pending a solution of the
problem since the building on this site will
not be built for about a year or a year and a
half, and a solution could be reached by that
time.
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After considerable discussion, the application
Motion
x
was approved, subject to the following condi-
Second
x
tions:
All Aye
Page 2.
CITY OF NEWPORT BEACH
Ah DPramhar 1A_ 1QFQ
COMMISSIONERS
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1. That a parcel map be recorded.
2. That approval of this tentative
map shall be null and void if a
parcel map is not recorded within
one year from the date of approval
of the tentative map.
3. That a study of the pedestrian
circulation between the profes-
sional offices and shopping
center be submitted to the Com-
mission prior to the meeting of
February 5, 1970.
Item 4.
FINAL MAP
Request for approval of tract map showing 12
residential lots, 3 commercial lots and 1
underwater lot.
TRACT 692
APPROVED
Location: Portion of Lots 8 and 9, Tract 323
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located on the south side of Baysi
e
Drive, southeast of the intersects
n
of El Paseo Drive and Bayside Drive.
Zone:. R -1 and C -1 -H
Applicant: The Irvine Company, Newport Beach
Owner: Same as applicant.
Mr. James E. Taylor represented the Irvine
Company and explained that in lieu of joint
driveways with cross easements as shown on the
tentative map, each individual lot would have
a large turning area with non - barrier agree-
ments between the individual lots, thereby
eliminating the need to back out on Bayside
Drive.
After discussion,.the final map of Tract 6927
Motion
x
was recommended for approval, subject to the
Second
x
conditions previously specified for the tenta-
All Ayes
tive map, with the exception of Condition No.
11, which is to be reworded as follows:
That access to Bayside Drive be provided
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by pairs of adjacent driveways along
common lot lines with areas set aside
adequate for turning of passenger vehicles
on each individual lot and a non - barrier
Page 3.
CITY OF NEWPORT BEACH
Ah nnrcmha, 1 ti 1 Qro
COMMISSIONERS
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agreement between adjacent lots for the
full depth of said driveways and turning
areas. The covenants, conditions and
restrictions to be recorded in connection
with this tract shall provide for and re-
quire said adjacent driveways, turning
areas and non - barrier agreement and also
shall require that the grades of said
adjacent driveways and turning areas
shall coincide along the common bound-
ary.
Item 5.
FINAL MAP
Discussion of this item was continued until
later in the evening.
TRACT 7082
Item 6.
USE PERMIT
Request for approval of a drive -in /take -out
restaurant to operate from a relocatable
building.
NC. 1458
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A OVED
Location: Lots 17, 18, 19 and 20. Tract 1210
located on the north side of West
Coast Highway opposite the Bayshor
Community at 600 -630 West Coast
Highway.
Zone: C -1 -H
Applicant: "T -J -M" Enterprises, Inc.,
Phoenix,.Arizona
Owner: Johnson & Son - Lincoln- Mercury
Costa Mesa
Mr. Anthony Anderson represented the "T -J -M"
Enterprises, Inc., and Mr. Les Kephart,
Architect, answered questions of the Commis-
sion regarding the "relocatable building"
which he stated technically becomes a "buildin
"
the moment it is bolted down.
After considerable discussion, which dealt-in
part with the advisability of left turns onto
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West Coast Highway, the application was
approved subject to the following conditions:.
Motion
Second
x
x
All Aye
1. All improvements to be installed
in accordance with the standards
Page 4.
CITY OF NEWPORT BEACH
Ah noramka , lA lOra
COMMISSIONERS
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of the Public Works Department:
a) Sidewalk;
b) Drive on west end of,property
to be reconstructed;
c) Drive and curb cut on east end
of property to be closed.
2. A drive to be provided to.allow cars
to pass behind buildings.
3. That.the site, including the bank,
shall be landscaped; such landscaping
to include sprinkling system and
erosion control.
4. The restaurant shall, if required by
the City Traffic Engineer in the
interest of traffic safety, install
signs at all driveways prohibiting
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left turns.
5. Signing on the site to be subject to
the approval of the Planning Director.
Commissioner Adkinson.stated.he noticed that
the. adjoining ..property.(Bristol,Yachts, Use
Permit 1426 approved,April..17,.1969) had faile
to comply with one of the requirements of thei
use permi.t i.e.;.installation of a sidewalk
acros.s the front:of their property.
Planning Director Wilson stated that the
operators of the Bristol Yachts have not been
ignored but have been contacted a number of
.times...They stated that there were negotia-
tions for the proper.ty.to_ the east, which also
lacks sidewalks,and they would like to be able
to install the sidewalks simultaneously; however
their business license has been denied.
Commissioner Adkinson moved that revocation
Motion
x
proceedings be brought against the Bristol
Second
x
Yacht property if construction of the sidewalk
All Aye
is not commenced within 90 days.
Page 5.
CITY OF NEWPORT BEACH
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COMMISSIONERS
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w�lfflw�l 1". 12L12
Item 7.
USE PERMIT
Request for approval of a 138- bed,.long -term
care facility for care of patients, some of
whom are geriatric with light.mental problems,
1 59
APPROVED
and a 204 bed convalescent hosp.ital.
Location: Portion of Block 93 of Irvine's
Subdivision, located at the northerly
corner of the intersection of .
Avocado Avenue and San Miguel Drive.
Zone: C- O -H -UL
Applicant: Beverly Enterprises, Pasadena
Owner: The Irvine Company; Newport Beach
Mr. William E. Eckholdt, Regional Administrator
for Beverly Enterprises and Gary Copson,
Architectural Representative,addressed the
Commission regarding both phases of the care
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center, visiting hours, number of employees
and parking.
Mr. Stone of the Irvine Company addressed the
Commission and stated that the Irvine Company
would make available to the lessee the parking
required under the terms of this application.
After discussion, the application was approved
Motion
x
subject to the following conditions:
Second
x
All Aye
1. That a resubdivision map be filed
2. That 171 parking spaces for visitors
and 60 parking spaces for employees,
a total of 231 parking spaces, be pro-
vided and an off -site parking agree-
ment be filed with and approved by
the City Attorney.
3. That there be no direct access to
Avocado Avenue or to San Miguel Drive
except by means of common driveways
for the block.
Page 6.
CITY OF NEWPORT BEACH
a December 18. 1969
COMMISSIONERS
FAQ C
Item 8.
USE PERMIr
Request to permit a bar and live entertainment
in conjunction with a restaurant, and further
requesting a waiver of the off - street parking
NO. 1460
APPROVED
requirements.
Location: Lot 5, Block 21, Newport Beach
Tract, located at 2116 West.Ocean
Front, north side of West Ocean
Front between 21st Place and 22nd
Street.
Zone: C -1
Applicant: George L. Rager, Newport Beach
Owner: Mary A. Ostrander, Santa Ana
Assistant Planner Gunn stated that the appli-
cant was withdrawing his request for waiver of
off - street parking and proposes to provide off
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street parking on a separate lot located on th
north side of Balboa Boulevard between 20th
and 21st Streets. The request for live enter-
tainment is for special occasions only, such
as New Years Eve.
Mr. George L. Rager, the applicant, stated tha
the proposed parking meets with all City re-
quirements and while the plot plan shows 24
spaces, he believes that 28 spaces can be pro-
vided. He intends to operate the lot as a
commercial parking lot, charging for parking
with a validation at the restaurant, in other
words, free parking for those eating at the
restaurant. The restaurant would be replacing
an establishment that has been a problem to
the City. Mr. Rager stated that he has a 25
year lease with a firm option to purchase on
the parking lot property and a lease on the
restaurant for 6 years.
The Commission discussed at length the merits
of this application and the concensus of
opinion was that the proposed parking lot woul
add to the parking supply in the general area
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in about the same ratio as the parking demand
generated by the restaurant and that it would
balance out as long as the applicant is allowe
to use the lot in a commercial manner and not
required to reserve all the spaces just for
restaurant patrons.
Page 7.
CITY OF NEWPORT BEACH
Ah ❑eremher 1R_ 1969
COMMISSIONERS
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Mr. Rager stated that he would start out with
3 employees and that the maximum he anticipate
was 5.
After further discussion, the application was
Motion
x
approved subject to the following condition:
Second
x
All Ayes
That the parking lot on Balboa Boulevard
as shown on the applicant's drawing have
6 spaces set aside, and so marked;, exclu-
sively for the use of the restaurant em-
ployees and that 14 additional spaces.be
available as public parking for the life
of the restaurant operation and be tied
to the use permit for the restaurant
operation.
In the event that the applicant provides live
entertainment on certain occasions; the follow
ing additional conditions shall apply:
1. There shall be no amplification equip-
ment permitted in connection with live
entertainment.
2. All live entertainment shall cease
promptly at 11:00 P.M. on weekdays
and midnight on weekends or days
preceding holidays.
3. All windows and doors shall be kept
shut during the time music is pro-
vided except to allow patrons to
enter or leave.
4. The live entertainment portion of the
use permit shall be reviewed at the
end of one year.
Commissioner Watson left the dais during dis-
cussion of the following item in order to
avoid a conflict of interest.
Item 9.
USE PERMII
Request to construct and operate an automatic
car wash with gasoline sales.
Location:. Portion of Block 93 of Irvine's
i
0. 1461
APSVED
Subdivision located:at the south-
west corner of Newport Center
Drive East and Anacapa Avenue:
Page 8.
CITY OF NEWPORT BEACH
a December 18. 1969
COMMISSIONERS
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Zone: C -O -H
Applicant: John Martin Shea, Inc.,.Newport Beach
Owner: The Irvine Company, Newport:Beach
Mr. Robert Lawson of Riley & Bissel, Architect
represented the applicant and explained that
basically the application is a redesign of a
use permit previously.approved on another site
in Newport Center. The location has been
changed and the facility redesigned.
After a discussion regarding the size of signs
hours of operation which Mr. Lawson stated
would be the same as those of the shopping
center, the application was approved, subject
Motion
x
to the following conditions:
Second
x
Ayes
x
xxxx
1. That a resubdivision and parcel
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map be filed.
Voting
x
2. There be no outside display of auto-
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motive or other products for sale.
3. The signs be limited to those shown
on the plot plan.
4. Complete landscaping plans, including
provisions for underground. sprinkler
system be submitted to the Planning
Director for approval.
Commissioner Watson returned to the dais.
Chairman Jakosky called a five minute recess
after which time the Commission reconvened wit
all members present.
Chairman Jakosky announced that Items No. 5,
10 and 11 would be discussed simultaneously.
Commissioner Glass stepped down from the dais
during discussion of these three items in
order to avoid a conflict of interest.
Planning Director Wilson stated that there had
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been several meetings with Mr. Holstein and
some of his consultants during the past several
weeks at which five different subjects were
discussed:
Page 9.
CITY OF NEWPORT BEACH
A December 19_ 1969
COMMISSIONERS
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1. The general situation on maintenance
facilities in the Northbluff area.
2. The covenants, conditions and restrict-
ions in the Northbluff area.
3. Community facilities in the Northbluff
area as related to the 2 preceding
items.
4: The correction of deficiencies in
past tracts.
5. The designation of uses of outdoor
areas in the Northbluff area around
the individual homes.
Planning Director Wilson asked the City Attorn
y
to briefly explain where matters stand regard-
ing the.C.C. & R.'s.
City Attorney Seymour stated that some C.C. &
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R.'s have been recorded on the Northbluff tract
which do not meet code requirements and he has
been in touch with the attorney for the devel-
oper and pointed this out to him. The develop
r
is in the process of revising the C.C. & R.'s
and this will necessitate amendments to the
ones already recorded.
There was a lengthy discussion regarding the
home owners' associations in the Northbluff
area and Mr. Holstein stated that there would
be three home owners' associations because of
the different character of the homes and that
each of the associations would provide cross
easements to the common lots.
The lot designated as M -1 on the overall map
is designed for the maintenance facility and
will show on the record map when it is brought
in for the area referred to as T -III. City
Attorney Seymour stated that since the mainten
ance facility problem has arisen with the
Fiesta Room in the original Bluffs development
the Commission should try to tie down the
situation on the title of this maintenance
facility. Mr. Holstein stated that there is
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no facility of a club house nature planned on
this project ( Northbluff).
In connection with the correction of defic-
Page 10.
CITY OF NEWPORT BEACH
• December 18. 1969
COMMISSIONERS
N N In N£ N S
iencies in past tracts, Planning Director
Wilson pointed out that i.n Tract 5878, which
was approved under Use Permit 1054 -F, l5 park-
ing spaces shown on the original use permit
were not constructed; of this 15, 10 spaces
would be necessary to meet minimum ordinance
requirements. If 10 spaces can be produced,
then it would be a matter of the Commission
considering this under an amendment to Use
Permit 1054 -F. If 15 parking spaces can be
produced, and they are reasonably well located
in the tract, the Planning Director may approv
them as a minor modification of the use permit
If no changes are proposed in the existing
situation, then in order to comply with the
ordinance, it would be necessary to apply for
consideration of a variance and an amendment
to the use permit. This would require a public
hearing where notice is given in order that the
people who want to propose one action or another
have an opportunity to do so before the Commis
Sion.
Mr. Bein, the engineer for the developer, stat
d
that an amended use permit would be filed with
the "as built" plan showing that the existing
parking spaces are in excess of those required
After further lengthy discussion regarding the
Bluffs and Northbluffs developments, the'Commi
-
sion approved Items 5, 10 and 11, as follows:
Item 5.
FINAL MAP
Request for approval of tract map showing
MAZ77-082
13.072 acres divided into 71 residential lots
and 1 green area lot.
APPROVED
Location: Portion of Blocks 51 and 52, Irvin
's
Subdivision located on the north
side of the extension of Vista del
Oro westerly of Eastbluff Drive.
Zone: R- 4- B -2 -UL and R -3 -B
Applicant: I.D.H., a Joint Venture (Holstein Co.)
Costa Mesa
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Owner: The Irvine Company, Newport Beach.
The subject final map was recommended to the
Motion
x
City Council for approval subject to the same
Second
x
conditions imposed on the tentative map.
Ayes.
x
x
x
x
x
Not
Page 11.
Voting
I
x
CITY OF NEWPORT BEACH
19 December 18. 1969
COMMISSIONERS
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Item 10.
Request to subdivide property and construct
E residential units as part of a Planned-'Residen
tial Development.
USE PERMI
NO. 142 -
APPROVED
Location: Portion of Blocks 51 and 52,
Irvine's Subdivision, located on
the south side of the extension of
Vista del Oro, opposite proposed
Vista Ornada (Northbluff).
Zone: R -3 -B and R- 4- B -2 -UL
Applicant: I.D.H., a Joint Venture (Holstein
o.)'
Costa Mesa
Owner: The Irvine Company, Newport Beach
After discussion, Use Permit No. 1422 -E was
Motion
x
recommended for approval subject to the same
Second
x
•
conditions imposed on Tract No. 7148 (see
Item 11.).
Ayes
Not
x
x
x
x
x
Voting
x
Item 11.
Request to permit a subdivision of 9.6 acres
into 74 residential lots and 1 green area lot.
TENTATIVE
MAP TRACT
7148
Location: Portion of Blocks 51 and.52, Irvin
's
APPROVED
Subdivision, located on the south
side of the extension of Vista del
Oro opposite proposed Vista Ornada
(Northbluff).
Zone: R -3 -B and R- 4- B -2 -UL
Applicant: I.D.H., a Joint Venture (Holstein
o.)
Costa Mesa
Owner: The Irvine Company, Newport Beach
After discussion, the tentative map of Tract
Motion
x
7148 was recommended to the City Council for
Second
x
approval, subject to the following conditions:
Ayes
x
x
x:x
x
Not
1. That all improvements be constructed
Voting
x
as required by ordinance and the
Public Works Department.
2. That Section 19.20.110 of the Subdivi-
sion Ordinance requiring that lots
Page 12.
CITY OF NEWPORT BEACH
• December 18. 1969
COMMISSIONERS
abut on a street be waived in accord-
ance with the provisions of Section
19.32.030 provided that adequate access
is furnished.
3. That Section 19.20.110 of the Subdivi-
sion Ordinance regarding size and shape
of lots be waived in accordance with
the provisions of Section 19.32.030.
4. That the requirement for a perimeter
of public streets be waived in accord-
ance with the provisions of Section
20.50.080 of the Subdivision Ordinance.
5. That Section 19.16.030 of the Subdivi-
sion Ordinance regarding map scale be
waived provided maps drawn accurately
to a scale of 1" = 100' are furnished
the Public Works Department.
6. That the boundary of the final tract
•
map be checked by the County Surveyor
before being submitted to the City
for approval.
7, That all grading be in accordance
with grading plans and reports approved
by the Public Works Director and a
qualified Soils Engineer. Upon com-
pletion of the grading the Civil
Engineer and the Soils Engineer shall
certify that the grading has been
completed according to the plans and
the.requi.rements of the grading
..or.d.i.na.nce. Reproducible copies of
the plans on standard size sheets shall
be furnished to the Public Works
Department.
8. That the design of the proposed private
streets be approved by-the Public Works
Department.
9. That construction of the proposed pri-
vate streets be inspected by °the Public
Works Department and that a standard
plan check and inspection fee be paid.
10. That the portion of Vista del Oro
adjacent to the tract be improved for
its full width.
Page 13.
CITY OF NEWPORT BEACH
• December 18. 1969
COMMISSIONERS
d �Qx
11. That all off - street parking meet the
City's minimum standards.
12. That street trees, or other acceptable
landscaping in lieu of street trees be
provided along Vista del Oro to specifi
cations of the Parks, Beaches and
Recreation Department as outlined in
the letter from the Parks, Beaches and
Recreation Director dated December 17,
1969,
13. That the number and location of fire
hydrants shall be subject to the
approval of the Fire Department.
Commissioner Glass returned to the dais.
*** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
The Planning Commission adopted Resolution of
Motion
x
•
Intention No. 723 recommending that the City
initiate zoning studies and conduct hear-
Second
All Aye
x
pre-
ings on the Leaming Annexation area (westerly
of Monrovia Avenue in the County triangle).
On motion of Commissioner Watson, seconded.by
Commissioner Glass, and carried, the meeting
was adjourned.
�r\
Don R. Adkinson, Secretary
Planning Commission
Page 14.