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HomeMy WebLinkAbout12/21/1972COMMISSIONERS 9CmCgmyO TFyin M�a am m��mZ7. RL.CALL Present Absent Motion Ayes Absent 0 CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: Council Chambers Timer 7:30 P.M. natp— nPfPI hpr 71 _ 1977 MINUTES INDEX X X X X X X EX- OFFICIO MEMBERS David R. Baade; Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Asst. Community Development Dir. William R. Foley; Senior Planner Dottie Banks Minutes of the Regular Meeting of December 7, 1972 X X X X X were approved as written. X Assistant Community Development Director Hewicke,r made an opening statement with respect to voting that inasmuch as Chairman Glass was absent that the First Vice Chairman William B. Martin would be.con- ducting the meeting and his vote would be recorded under the name of Glass on the panel above the Commission. Item A -1 Request to permit the construction of a single - family dwelling that exceeds the height limit VARIANCE —N-077-2-4 ordinance. CONT. TO Location: Lot 9, Tract 1026, located on the JAN. south side of Ocean Boulevard be- tween Jasmine and Larkspur Avenues in Corona del Mara Zone: R L 2 Applicant: Mrs. Roberta J. Fraser Corona del Mar Owner: Same as Applicant ssistant.City Attorney Baade stated that the meet- ing mentioned in the staff report was cancelled due to the Applicant's attorney having to be in court and unavailable until the first of the year:. Since. Page 1. COMMISSIONERS CITY OF NEWPORT BEACH D�m� v mq0 mf�D ND r„yc N ,n �A m. m f ,T,. Z Z t 2 p P F L CALL � Motior Ayes Absent 0 • MINUTES December 21, 1972 INDEX X X x x x X xx there were still questions unresolved, Assistant. City Attorney Baade requested that this item be con tinued to January, 18, 1973. The Planning Commission continued this matter to January 18,1973. Request to consider adding Chapter 20.33 to the Item A -2 AMENDMENT Newport Beach Municipal Code regarding the esta- NO. 35F- blishment of an Open Space District in the City of Newport Beach. APPROVED IFS — Initiated by: The City of Newport Beach V�D Chairman Martin reviewed the application with the Planning Commission. Assistant Community Development Director Hewicker pointed out that this particular amendment is to establish a zoning district subject to public hearings by the Planning Commission and City Council and that tonight's hearing is not to apply this particular district to any particular piece of property at this time. In response to the Planning Commission, Assistant City Attorney Baade stated that the inverse condem- nation cases would not have any bearing on the esta . blishment of the open space zone per se. However, the Klopping vs. City of Whittier case has esta- blished a precedent for inverse condemnation pro- ceedings in situations where Open Space Districts have been applied.to privately owned property; therefore, the application of the Open Space Dis= trict to any particular piece of property should be reviewed individually. A lengthy discussion followed on Item C of Section 20.33.030 of the draft of the Open Space District and .the effect of its application. Further discussion followed on schools as open spac . Chairman Martin opened the Public Hearing. Larry Moore, General Planning Administrator of the Irvine Company, addressed the Planning Commission in opposition of Item C of Section 20.33.030 due to . restrictions that could be imposed without consid- ration of possible alternatives to mitigate Page 2. COMMISSIONERS Y m Gr Y m; A �FNymyaD�O <N i P , T � P CALL Motion &o'ti on Ayes Noes Absent Motion Ayes Absent 9 CITY OF NEWPORT BEACH MINUTES December 21. 1972 INDEX hazards or problems. Further discussion followed on areas under aircraft flight patterns. Duane B. Whitehead, 2020 East Ocean Front, Balboa, addressed the Planning Commission in opposition to the time spent on this particular item. Chairman Martin responded that this is a public . hearing item initiated.by the City and the City is entitled to just as much consideration as any other. citizen and that this particular item will effect everyone within the City and should be of interest to concerned citizens. Chairman Martin closed the Public Hearing. motion was made to add the word "schools" to Section 20.33.030, Items Al, B1, and Dl and Section 20.33.040, Item A of the Open Space District and ,approve Amendment No. 351 with the deletion of Item C under Section 20.33.030. X n amendment to the original. motion was made to X XX. X'nclude Item C of Section 20.33.030 with the addi- X X tional clause referring to areas under flight X atterns of airports becoming Item C4 and the existing C4 becoming Item C5 under Section 20.33.030. his amendment carried. X The Planning Commission approved AmendIment.No. 351 X X X X X X s revised. X Item.B -1 Environmental Im act Statement for the Im rovement EIR NB lafa ette Avenue from 29t Street to 3 n .Street 72 -0 9 n Portions o 31st Street an i 'o.Park Drive.. APPROVED R NB - Initiated by: The City of Newport Beach hairman Martin reviewed the application and staff. eport with the Planning Commission. ity Engineer Nolan stated that E.I.R. and review as submitted to the Commission in view of the prox- imity of this project to the Bay but this project as essentially a maintenance project and staff does not feel there is any significant environmental impact. Page 3. COMMISSIONERS r�a,Gr q T ;'p F p MJLL CALL MW Motion Ayes Absent 0 Motion `otion CITY OF NEWPORT BEACH MINUTES December 21, 1972 . INDEX X Following discussion, the Planning Commission X X X X X X approved the folloWtng findings of EIR /NB 72 -019: X 1. That the E.I.R. covers all of the requirements contained in Section 21100 of the Public Resources Code. 2. That this project will have no long -term and only minimal short -term adverse environmental impacts. Item B -2 EIR NB Environmental Im act Statement for the Im rovement of Hos i'tal Road from New ort' ou evard to P acenti 0 4 Avenue. EIR B 72-014 APPROVED Initiated by: The City of Newport Beach Chairman Martin reviewed the application and staff report with the Planning Commission. In response to the Planning Commission, City Engineer Nolan stated that this is a street widenin project and will have a short -term adverse environ- mental impact in that some existing.ve.getation will be disturbed; however, the hospital. has contracted to replace and maintain landscaping and impact will be mitigated. Discussion followed on ingress and egress on the road during construction. In response to the Planning Commission, City ngineer Nolan stated that contract specifications require that one traffic lane in each.direction re- ain open at all times. iscussion followed on period of construction, type f construction and traffic count. ommissioner Beckley requested that the staff sub - it a report of traffic counts on Hospital Road for uture reference. X motion was made to accept Environmental Impact• eport subject to the four findings indicated in the taff report. X substitute motion was made to accept E.I:R: sub - ect to the four findings indicated in the staff eport with a fifth finding that one traffic lane in Page 4. COMMISSIONERS CITY OF NEWPORT BEACH m'r£m1.Z Ift CALL Motion Ayes Absent • r1 LJ MINUTES December 21. 1972 INDEX each direction remain open at all times. X The original motion with the additional fifth X X X X X X X finding.presented by Commissioner Heather was made and the Planning Commission approved the following findings of EIR /NB 72 -014: 1. That the E.I.R. covers all of the requirements contained in Section 21100 of the Public Re- source Code. 2. That this project will have no long -term ad- verse environmental impact. 3. That short -term impacts can be expected to occur during the construction phase. 4. That the mitigation measures for these short - term impacts.should specifically include what- ever measures are necessary to minimize water runoff and erosion. 5. That one traffic lane in each direction making a total of two lanes on Hospital Road remain open at all times. Item B -3 DIVISION Request to create one parcel of land for residentialRESUB- development. N —F---3-7T- Location: Portion of Block 56, Irvine's Sub- division, located on the south side of Ford Road between Jamboree Road APPROVED CON - and MacArthur Boulevard in "Big Canyon ". TI "ONALLY Zone: Applicant: McLain Development Co., Los Angeles Owner: The Irvine Co., Newport Beach Engineer: Williamson &Schmid, Santa Ana Chairman Martin reviewed the application and staff report with the Planning Commission. ssistant Community Development Director Hewicker dded that this project is one of four.areas in Big anyon that is designated for multiple family resi- ential development and one of three.areas that has Page 5. COMMISSIONERS CITY OF NEWPORT BEACH m�yN my� �.cn MINUTES P P M CA LL 21. 1972 luny been set aside to be developed.at a maximum density of 25 dwelling.units per acre under the terms of Planned Community zoning and multi - families are being developed at about 1/3 the density and single... families at about 1/2 the density under the PC zoning. Mr. Hewicker further stated that an addi- tional sentence should be added to Condition No. 10.as recommended by the Public Works Department. Discussion followed on density and acreage. Larry Moore, General Planning Administrator of the Irvine Company, appeared before the Planning Commis- sion to answer questions on this request relative to acreage of project and golf course and density of this development. Mr. Moore stated they con- curred with conditions as amended of staff report. Further discussion followed on dwelling units per acre. MotionX Following discussion, the Planning Commission Ayes X X X X X Xapproved Resubdivision Application No. 372 subject • Absent X to the following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as re- quired by ordinance and the Public Works Depart- ment. 3. That the water capital improvement acreage fee. be paid, and that storage capacity in San Joaquin Hills Reservoir equal to one maximum day's demand be dedicated to the City. 4. That all grading be in accordance with grading plans and reports approved by the Public Works Director and a qualified soils engineer. Upon. completion of the grading the.civil engineer and the soils engineer shall certify that the .grading has been completed according to the plans and the requirements of the grading or.di- nance. Permanent reproducible copies of the "as- built" grading plans on standard size sheets shall be furnished to the.Public Works Depart- ment. 5. That the interior street system conform.to the • City's private street policy regarding street widths, turnaround radii, centerline radii, etc. The structural pavement sections shall be re- viewed.and approved by the Public Works Depart- ment. Page 6. COMMISSIONERS CITY OF NEWPORT BEACH m,n £ m Z i MINUTES � Z P � CALL December 21, 1972. INDEX 6. That the construction of the interior street system be inspected by the Public Works Depart- ment and the standard plan check and inspection fees be paid. 7. That public utility easements to be dedicated to the City have a minimum width of ten feet, with wider easements provided where required by the Public Works Department. 8. That the design and location of access ways to the sewer system be reviewed and approved by the Public Works Department if the subdivider wishes to dedicate the sewage collection system to the City! The surface of the access roads must be accessible to maintenance vehicles for their full length during all weather conditions 9. That tapered parcels of additional street right- of-way be dedicated along the southerly side of Ford Road in order to create a turning lane on each side of the major entrance to the develop- ment. • 10. That the public improvements along the south- erly side of Ford Road be constructed not only adjacent to Parcel 1 but also extending east- erly to join the existing curb and gutter and westerly to join the improvements to be con- structed with Resubdivision No. 373. The pro- visions of the existing agreement between the Irvine Company and the City shall be considered in establishing the improvement responsibilitie on Ford Road. 11. That the segment of the City's master plan of combined bicycle path and pedestrian walkway system be incorporated in the southerly parkway improvements. 12. That street trees shall be provided to the ex- tent that they are not incompatible with the proposed bicycle path and pedestrian walkway system:. 13. That development on this parcel shall not ex- ceed one hundred dwelling units. Item B -4 • equest to Create one parcel of land for residentialRESUB- development. DIVISION NO. 373 Page 7. COMMISSIONERS CITY OF NEWPORT BEACH T �yN my� a T en f m Z 2 n LL tau • Motion Ayes Absent 0 MINUTES December 21i 1972 INDEX Location: Portion of Block 56, Irvine's Sub- division, located at the southeast APPROVED CONDI- corner of Jamboree Road and Ford TIONALLY Road in "Big Canyon ". Zone: P -C Applicant: McLain Development Co., Los Angeles Owner: The Irvine Co., Newport Beach Engineer:. Williamson & Schmid, Santa Ana Chairman Martin reviewed the application and staff report with the Planning Commission. Assistant Community Development Director Hewicker stated that his comments on the previous item would apply to this request. Mr. Hewicker further stated that an additional sentence should be added to Conditions 11 and 14 and an additional clause to Condition No. 13 as recommended by the Public Works Department, copies of revisions given to the Commis- sion. X The Planning Commission approved Resubdivision X X X X X X Application No. 373 subject to the following X conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as re -' quired by ordinance and the Public Works Depart- ment. 3. That the water capital improvement acreage fee be paid, and that storage capacity in San Joaquin Hills Reservoir equal to one maximum day's demand be dedicated to the City. 4. That all grading be in accordance with grading pland and reports approved by the Public Works Director and a qualified soils engineer. Upon completion of the grading the civil engineer and,the soils engineer shall certify that the grading has been completed according to the plans and the requirements of the grading ordi- nance. Permanent reproducible copies of the "as- built" grading plans on standard s.ize.sheets shall be furnished to the Public Works Depart- ment. Page S. COMMISSIONERS CITY OF NEWPORT BEACH -9 y,�GrS m ;p MINUTES P AhI CALL ^ nor omhor 91. 1979 INDEX In developing the grading plan, special atten- tion shall be directed to an interim protectio plan to prevent erosion and siltation problems to completion of the work. No sedimen- .prior tation resulting from the grading operations for this development will be permitted to enter the waters of Upper Newport Bay. 5. That the interior street system conform to the City's private street policy regarding street widths, turnaround radii, centerline radii, etc. The structural pavement sections shall be reviewed and approved by the Public Works Department. 6. That the construction of the interior street system be inspected by the Public Works De- partment and the standard plan check and in- spection fees be paid. 7. That public utility easements to be dedicated to the City have a minimum width of ten feet, with wider easements provided where required . by the Public Works Department. 8. That the design and location of access ways to the sewer system be reviewed and approved by the Public Works Department if the sub- divider wishes to dedicate the sewage collec- tion system to the City. The surface of, the access roads must be accessible to maintenance vehicles for their full length during all weather conditions. 9. That additional street right -of -way be dedi- cated as follows: a. At the intersection of Jamboree Road and Ford Road to accommodate a free right-. turn lane. b. Tapered parcels along the southerly side of Ford Road in order to create turning lanes on each side of the major entrance to the development. 10. That all the remaining public improvements along the easterly side of Jamboree Road from the existing improvements adjacent to the • golf course maintenance yard to Ford Road be completed. 11. That the public improvements be constructed Page 9. COMMISSIONERS �PZT dk7� P CALL •. 0 CITY OF NEWPORT BEACH MINUTES December 21, 1972 INDEX along the southerly side of Ford Road extendin from Jamboree Road to the improvements to be constructed with Resubdivision No. 372. The provisions of the existing agreement between the Irvine Company and the City shall be con- sidered in establishing the improvement re- sponsibilities on Ford Road. 12. That the segments of the City's master plan of combined bicycle path and pedestrian walkway system be incorporated in the parkway improve- ments along both Jamboree Road and Ford Road. 13. That all vehicular access rights to Jamboree Road be dedicated to the City of Newport Beach. except for one location for right turns only nea.r the southerly end of the parcel. 14. That the modification and relocation of the traffic signal facilities at the intersection of Jamboree Road and Ford Road be the responsi bility of.the subdivider. This includes only. the modifications needed for the street widen- ing associated with the development. 15. That street trees shall be provided to the extent that they are not incompatible with the proposed bicycle path and pedestrian walkway system. Item B -5 equest to create one parcel of land where one par- RESUB- el and one of another parcel now exist. DIVISION NO. 374 Location: Lot 1 and the westerly 1/2 of Lot 2, Block 3, Balboa Island Section One, APPROVED located at 200 South Bay Front on CONDI- the northeasterly corner of Emerald TIONALLY Avenue and South Bay Front on Balboa Island. one: R -2 Applicant: Kenneth W. Anderson, Balboa Island Owner: Same as Applicant Chairman Martin reviewed the application and staff report with the Planning Commission. Assistant Community Development Director Hewicker added that he would like to emphasize that this is Page 10. COMMISSIONERS CITY OF. NEWPORT BEACH �c1Z� mks PA.. 90 T mnyc Z A A �! nprpmhpa .71 1079 MINUTES lunev :. housekeeping item to eliminate existing: pro perty line which.is underneath the structure currently . Under construction. Motion 'X Foll.owing discussion, the Planning Commission Ayes X X X X.% X approved Resubdivision.Applicatio.n No. 374 subject Absent X to the fallowing findings: 1. That there are special circumstances or condi- tions affecting the property. 2. That the exception.is necessary for the pre- servation and enjoyment of a substantial pro- perty:right of the petitioner. 3. That the granting of the exception will not be detH mental.to the public welfare or injurious t' other property in the vicinity in which the property is located. and, the Planning Commission approved Resubdivision Application No: 374 subject to the following condition: 1. That.a parcel map be filed. Page 11. :. COMMISSIONERS ymG�Z2 ;p < ZpZ eZn n p LL CALL 0 • CITY OF NEWPORT BEACH MINUTES December 21. 1972 INDEX The following Items B -6 and B -7 were heard con- currently because of their relationship although separate actions were taken on each. Item B -6 Request to create one lot for an 18.unit condomini- ENTA- um development.on the Lido Peninsula. IVE MAP TRACT Location: Portion of Lot 8, and Lots 9 and 10 B094 of Tract 815, located on the north- easterly side of Lido Park Drive, RPPROVED ONDI -. TIONALLY north of 28th Street on the Lido Peninsula Zone: C -2 Applicant- R. Daniel Olmstead, Newport Beach Engineer: William G. Church, Newport Beach Owner: 633 Lido Park Drive, a partnership, Newport Beach Item B -7 Request to create one lot for an .1.8 unit condomini - um development on the Lido Peninsula. INAL RACT ocation: Portion of Lot 8, and Lots 9. and 10 1094 of Tract 815, located on the north- easterly side of Lido Park Drive, north of 28th Street on the Lido Peninsula a Zone: C -2 Xpiplfcant: R. Daniel Olmstead, Newport Beach Engineer:. William G. Church, Newport Beach ainer: 633 Lido Park Drive, a partnership, Newport Beach hairman Martin reviewed the above applications and taff reports with the Planning Commission. iscussion followed on public access to the water Page 12. COMMISSIONERS CITY OF NEWPORT BEACH yG�^`Gr y m yp0 MINUTES Z j0 p AMLL CALL r DPePmhPr 91. 1Q79 INDEY and fire protection service. In response to Chairman Martin, the Applicant state he had no objections to conditions in the staff re- ports. Motion X The Planning Commission approved Tentative Map Trac Ayes X X X X X X 8094 subject to the following conditions: Absent X 1. That all conditions of approval for Use Permit 1620 be fulfilled. 2. That:all public improvements be constructed as required by ordinance and the Public Works Department. 3.' That a fire protection system (wet standpipes and fire extinguishers) shall be installed on the docks, meeting the requirements of the Fire Department. 4. That there shall be submitted a declaration of Covenants, Conditions and Restrictions govern in the maintenance and operation of the condomini- • um acceptable to the Director of Community De- velopment and the City Attorney. 5. That the Planning Commission shall set forth on the face, of the tentative map a finding that public access to the:land below the ordinary high -water mark is available within a reasonabl distance from the subdivision. Motion X The Planning Commission approved Final Map of Tract Ayes X X X X X X 8094 subject to the following condition: Absent X 1. That the conditions of approval applied to Tentative Rap of Tract 8094 be fulfilled. The Planning Commission recessed at 9:00 P.M. and reconvened at 9:10 P.M. The following Items B -8 and B -9 were heard concur- rently because of their relationship and voted on jointly. Page 13. COMMISSIONERS CITY OF NEWPORT BEACH yCm� y^`y0 m�yinmyaam rm�N`im4Z Z p p LL CALL MW • 0 MINUTES December 21, 1972 iunFr Item B -8 USE PERMIT 285 -A APPROVED Request an extension of Use Permit Application No. 1285 =A (Amended) to permit the operation of a north unit for Hoag Memorial Hospital as a general hos- pital for 93 acute medical beds, pending construc- tion of proposed additional facilities at the loca- tion of the main hospital. EXTE�- Location: Portion of Lot 169, Block 2, of SION TO JUNE '74 Irvine's Subdivision, located at 393 Hospital Road, northerly side of Hospital Road between Newport Boulevard and Placentia Avenue. Zone: C -O -H and R -3 i Applicant: Hoag Memorial Hospital Presbyterian, Newport Beach wner: Central Newport Health Care Corp. C/o Mission Convalescent Hospital San Gabriel, California Item B -9 Request an extension of Use Permit Application No. 285 -B (Amended) to permit an additional 37 psychi- tric beds to an existing hospital unit (North Unit f Hoag Memorial Hospital). SE ERMIT 8 - PPROVED Location: Portion of Lot 169, Block 2, of X - Irvine's Subdivision, located at I0 0 393 Hospital Road, northerly side UNE '74 of Hospital Road between Newport: Boulevard and Placentia Avenue Zone: C -O -H and R -3 Applicant: Hoag Memorial Hospital Presbyterian Newport Beach Owner: Central Newport Health Care Corp. C/o Mission Convalescent Hospital San Gabriel, California hairman Martin reviewed the above applications and taff reports with the Planning Commission. In response to the Planning Commission, Senior tanner Foley stated that in regard to conditions of. arking there is on file a resolution of the City ouncil approving the off -site parking agreement Page 14. COMMISSIONERS CITY OF NEWPORT BEACH 9,(1m� 9m DO Tn/c yN T ya a T s N 77 R P . L CALL Motion Ayes Absent • MINUTES ❑Pramhar 71. 1979 FTT:rl between the Park Lido building and the convalescent hospital for the required parking spaces; and with regard to the other conditions, he believed all had been met. X Following discussion, the Planning Commission X X X X X X approved extension of Use Permit Application No. X 1285 -A (Amended) and Use Permit Application No. 1285 -B (Amended) to June, 1974 subject to previ- ously approved conditions. Item B -10 Request an amendment to the original. use permit to USE add a deep therapy radiological unit for X -ray PERMIT therapy on both in and out patients in Hoag Memoria Hospital. APPROVED Location: Parcel 1, R/S 15/30, located at 301 UW0T_- Newport Boulevard, on the south- TION"A LY westerly corner of Hospital Road. and Newport Boulevard Zone: R -1 Applicant: Hoag Memorial Hospital Presbyterian Newport Beach Owner: Same as Applicant Chairman Martin reviewed the application and staff report with the Planning Commission. Assistant Community Development Director Hewicker stated that the figures "1002" in Condition No. 2 should be corrected to "1010 ". Chairman Martin opened the Public Hearing. Keith Walley, Chief Administrator of Hoag Hospital, appeared before the Planning Commission to answer questions relative to this request. Dr. George Logan, Head of the Radiology Section of Hoag Hospital, appeared before the Planning Commis- sion to answer questions relative to construction and safety constraints for shielding that will meet requirements of the State of California, Public Health Radiological Division, energy units, and housing of.accelerator. Mel Morgan, Architect with Harnish, Morgan and Causey, 500 East "E" Street, Ontario, California, Page 15. COMMISSIONERS CITY OF NEWPORT BEACH y�mGrlZym ;P mhDin �N Z p Z P 4 CALL n Mr Motion Ayes Absent MINUTES December 21. 1972 mi11:" appeared before the Planning Commission to answer questions relative to this request. Discussion followed on soil condition, structural calculations and foundation requirements. Ms. Joanne Ward addressed the Planning Commission. Mr. Walley again appeared before the Planning Com- mission to answer questions regarding the location of the unit. Chairman Martin closed the Public Hearing. Commissioner Heather stated her concerns for stan- dards of housing and acknowledged the Community' Development Department's assurance of handling this matter without the necessity of an added condition: X The Planning Commission approved Use Permit Appli- X X X X X X cation No. 1421 -B subject to the following conditio s: 1. That all conditions of approval previously attached to Use Permit No. 1421 shall be satis- fied to the extent that said conditions are. still applicable. 2. That the total number of off - street parking spaces provided shall be not less than 1010. Item B -11 Request to construct a restaurant with live enter- E.I.R. tainment in the C -2 District, and the acceptance of EIR /NB an Environmental Impact Report EIR /NB 72 -023. X23 Location: Lots 9, 10, and 11, Block 223, Sec- APPROVED tion A, Newport Beach., located at 2404 -06 -08 Newport Boulevard on the east side of Newport Boulevard south USE MMIT of 26th Street 158�- Zone: C -1 and C -2 APPROVED C W91 - Applicant: Heaton and Jones, Los Angeles TIO A LY Owner: Mrs. Jean R. Beldon, Huntington Harbour Chairman Martin reviewed the application and staff report with the Planning Commission. ssistant Community Development Director Hewicker Page 16. COMMISSIONERS CITY OF NEWPORT BEACH YcaGr� m ;,o AlkLI cau T December 21. 1972 MINUTES INDEY stated that a suggestion had been.made to the staff that a wall be required along westerly property line to shield this particular use from adjoining property which is marine contractor's yard. Another suggestion which the Applicant would con - cider but which has not been discussed with.the adjoining property owner, Mr. Hewicker stated, was to combine parking of this particular use with existing use on the east which would add parking spaces and alleviate problems in circulation. Discussion followed on valet parking, difference between C -1 and C -2 zones, and the E.I.R. Chairman Martin opened the Public Hearing. In response to Chairman Martin, the Applicant nor the architect desired to make a statement. In response to the Planning Commission, Senior Planner Foley answered questions concerning trash access and access of fire equipment to proposed structure. • Chairman Martin closed the Public Hearing. In response to the Planning Commission, Assistant Community Development Director Hewi -cker recommended that a condition be added for screening trash areas Discussion followed on reason for and need of wall on property line to the west. Motion X Following discussion, the Planning Commission Ayes X X X X X X approved the following findings of EIR /Ne 72 -023: Absent X 1. That the EIR complies with the requirements set forth in Section 21100 of the Public Re- sources Code. 2. That the proposed land use is compatible with surrounding land uses. 3. That this project will not create any long- term adverse environmental impacts other than a minor increase in traffic. 4. That the short -term impacts which can be ex- pected to occur during the construction of this project will be minimized by conditions placed on the Harbor Permit and on Use Permit Appli- cation No. 1581. Page 17. COMMISSIONERS CITY OF NEWPORT BEACH yG1 m`� D T y Q � u CAII p December 21, 1972 Motion Ayes Noes Absent 9 MINUTES INDEX X Followinb discussion, the Planning Commission . X X X X X approved Use Permit Application No. 1581 (Amendment X subject to the following conditions: X 1. That all of the conditions of the Harbor Permit as well as additional recommendations of the U. S. Army Corps of Engineers and the Californi Regional Water Quality Control Board, be ful- filled. 2. That the restaurant be designed in such a way as to limit the occupancy load to 102 persons. 3. That all public improvements, including side- walks and curb cuts, be provided in a manner satisfactory to the Public Works Director. 4. That a landscape plan be approved by the Director of Community Development. 5. That all signs be approved by the Director of Community Development. 6. That the project substantially comply with the plans as submitted. 7. That the alteration or construction of docks, .slips and piers bayward of the.bulkhead be sub- ject to a separate Harbor Permit and the approval of the Marine Safety Department. 8. That the applicant shall be responsible for all necessary precautions to protect the waters of the bay during demolition of existing structures and construction of all new structures. That all storage or trash shall be shielded from view within a building or within an area enclosed by a wall not less than six feet in height. Item B -12 Request to reconstruct the existing Bayshores Marina and revise the Marina offstreet parking lot, and the acceptance of an Environmental Impact Report EIRAB 72 -022. Location: Lots 9 through 13, and bayward of Lots 1 through 21, Tract 2095, LMI located on the south side of the 2500 block of Bayshore Drive in Bayshores Page 18. COMMISSIONERS CITY OF NEWPORT BEACH Z A AkL CALL m December 21. 1972 MINUTES INDEX Zone: "U" Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant Chairman Martin reviewed the application with the Planning.Commission. In response to Chairman Martin's request, Senior Planner Foley gave a brief summary of this request. Assistant Community Development Director Hewicker stated that the City received this date three letters on this matter from: James Myerson, 2476 Bayshore Drive, Newport Beach, Ca.;.Donald J. Regan, 2588 Bayshore Drive, Newport Beach, Ca.; Robert S. Barnes, Barnes, Schag, Johnson & Kennedy, 4525 MacArthur Boulevard, Newport Beach, Ca.; and the Commission as received copies of these letters. hairman Martin opened the Public Hearing. arry Moore, General Planning Administrator of the • Irvine Company, addressed the Planning Commission. iscussion followed on restroom and shower facilitie eople living on board in a commercial marina, and , rivate and commercial slips. r. Moore answered in the affirmative when ques- ioned by the Commission if he were agreable to dding a condition precluding living on board. arl Brown of Bayshores appeared before the Planning ommis,sion and stated he was retired and has ob- erved that one -third of the marina were live -a- oards. iscussion followed on houseboats. Milton Greer, 2541 Bayshore Drive, appeared before the Planning Commission and spoke in favor of this request. Arthur B. Henry, 2658 Bayshore Drive, addressed the Planning Commission and expressed his concern for policing the area and monitoring the restrooms. . Giles F. Allisor, 2571 Bayshore Drive, addressed th Planning Commission and expressed his concern for eight of restroom facilities and landscape screen- ing as he wanted to protect his view and spoke in Page 19. COMMISSIONERS CITY OF NEWPORT BEACH v�mGrym ;p T N £ m Z z MINUTES < Z p p ANILl CALL December 21. 1972 INDEX favor of this project. Chairman Martin stated on behalf of Gordon Glass wh is a Bayshores resident his concern for (1) height of restrooms and observation deck which might elimi- nate the open feeling and view; (2) orientation of the restrooms and Mr Glass's suggestion is to ro- tate the restroom 90b so that the long way is parallel to the side lot lines; and (3) screening o trash and screening on Bayshores itself. Mr. Moore again addressed the Commission in regard to landscaping on Bayshore DrAve, enclosure of tras area, orientation and location of restrooms and low profile of building, security of locked gate for access to piers and locked restrooms, policing of the area for maintenance by Irvine Company, and live -a- boards. Discussion followed on live -a- boards, pumping facili- ties, live -a -board pets, storm drain, trapping of debris, exhaust fumes of boats, and moving location of restrooms. Mr. Allison and Mr. Greer again appeared before the Planning Commission. Chairman Martin closed the Public Hearing. Discussion followed on Conditions Nos. 3 and 7. Further discussion followed on permanent resident. Motion X A motion was made to reopen the Public Hearing and Ayes X X X X X X motion carried. Absent X Larry Moore again addressed the Planning Commission in regard to Condition No. 3. Mr. Allison again addressed the Planning Commission Chairman Martin closed the Public Hearing. MotionX The Planning Commission approved the following Ayes X X X Y X Xfindings of EIR /NB 72 -022: Absent X 1. That the E.I.R. adequately covers the seven items required by Sec. 21100 of the California Public Resources Code. • 2. That no long -term adverse environmental impacts are anticipated. 3. That short -term impacts are anticipated during Page 20. COMMISSIONERS q�m� �mvO 7� p ALL CALL Motion Ayes Absent • • CITY OF NEWPORT BEACH MINUTES December 21. 1972 INDEX the course of construction, particularly in re- gard to water quality and noise. 4. That the conditions of approval on Use Permit No. 1647, and on the Harbor Permit to be issued by the City Council will minimize to the degree possible these short term impacts. X The Planning Commission approved Use Permit App.li- X X X X X X cation No. 1647 subject to the following conditions X 1. That a Harbor Permit be approved, and that the conditions recommended by the Joint Harbor Committee; and whatever additional conditions recommended by the U. S. Army Corps of Engineer and the California Regional Water Quality Con- trol Board be attached thereto. 2. That the final method of removing the dredged material and the existing slips from the site be approved by the Marine Safety and Public Works Departments. 3. That the plot plans and elevations of the rest- room facilities shall be reviewed by the Director of Community Development. Elevations of the restrooms shall be maintained at a low profile and shall contain no laundry facilities 4. That a complete landscape and screening plan be approved by the Community Development Department. 5. That the water and sewer services necessary for the restrooms, pump -out stations, and slips be provided in a manner satisfactory to the Public Works Department. 6. That the project substantially conform to the plans submitted. 7. That there shall be placed in each lease a standard provision which shall prohibit living on board the boats. Said provision shall be reviewed and approved by the City Attorney as to its legal enforceability. Item B -13 Request to permit the construction of a single USE family dwelling that exceeds the height limit of PERMIT 24 feet with an area over the permitted floor area 6 limit in the R -1 District. ONT. TO FEB -.15 Page 21. COMMISSIONERS T �yN Tya ya_ � ice£ pZm rLL CALL p CITY OF NEWPORT BEACH December 21. 1972 MINUTES YNdEY Location: Lot 15, Block D, Tract 518, locate at 2058 East Ocean Front on the northwesterly corner df M Street and East Ocean Front on the Balboa Peninsula. Zone: R -1 Applicant: Vernon Edler, Newport Beach Owner: 'Same as Applicant Chairman "Martin reviewed the application and staff .report with the Planning Commission. Assistant Community Development Director Hewicker stated that City Council last Monday night had directed staff to amend Municipal Code to allow R -1 zones to exceed floor area ratio when providing more than required parking. Mr. Hewicker further painted out that this request is in an R- l.zone but still contains request to exceed height limit. • Discussion followed on amendment to Municipal Code; ordinance preventing 2 stories over a garage; and definition of story. Chairman Martin opened the Public Hearing. Rolly Pulaski, architect representing the applicant, addressed the Planning Commission going into detail on this request while indicating on proposed plans and renderings. Discussion followed on continuance of this item and covered deck areas as floor area. Duane B. Whitehead, 2050 East Ocean Front, Balboa, addressed the Planning Commission in objection to this request. Discussion followed on height limitation ordinance. In response to the Planning Commission, Assistant City Attorney Baade stated that the Commission could only act on the request exceeding height limitation. The following addressed the Planning Commission in • pposition to this request: Jack L. Root, 2105 Ocean Blvd., Balboa; Brook Hors, 2100 East Ocean Front; and Delbert Wingerd, 2053 Ocean Blvd., Balboa. Page 22. COMMISSIONERS CITY OF NEWPORT BEACH T (+ D N D TCN ZpZ P L CALL Motion Ayes Absent • MINUTES December 21, 1972 INDEX Joanne Ward, East Ocean Front Boulevard, appeared before the Planning Commission representing her parents who owned the vacant lot to the west of the proposed project. At the request.of Commissioner Beckley, Chairman Martin assessed the height of the structures of those who previously appeared before the Commission Mr. Pulaski again appeared before the Commission an stated that the applicant purchased his property last April before height limitation ordinance was in effect. Chairman Martin closed the Public Hearing. Discussion followed on floor area not exceeding buildable area; roof design; and rear parking. X Following discussion, the Planning Commission con - X X X X X X X tinued this item to February 15, 1973 to give the applicant time to (1) either redesign the building within the existing floor area ratio requirements; (2) make a determination as to whether or not he wants to file for a vari.ance; or (3) a determina- tion has been made on the proposed amendment to Municipal Code. tem B -14 Request to permit the construction of a single 1ARIANCE family dwelling that exceeds the height limit 10. 1026 ordinance. ONT. TO Location: Lot 24, Tract 1218, located at AN. 702 St. James Place, on the east side of St. James Place, northerly of 15th Street in Cliff Haven. Zone: R -1 Applicants: James E. Young, Kenneth L. Evans, Costa Mesa Owners: Same as Applicants Due to the lateness of the hour, this matter was continued to the regular meeting of January 4, 1973 tem B -15 ARIANCE 027 Request to construct an accessory building on a lot without the main building on the same lot in the R -1 District. Further request to obtain an ONT. TO Page 23. A . 4 COMMISSIONERS CITY OF NEWPORT BEACH yGim�y=^`v0 <NpZ m dkL � A CALL December 0 Motion Ayes oes bsent MINUTES 21. 1972 INDEX offsite parking agreement to permit the required garage space on a separate lot from the lot con- taining the single family dwelling. Location: Easterly one -half of Lots 4 and 14, and Lots 5 and 15, Block 23, Eastside Addition to the Balboa Tract, located at 1409 East Bay Avenue, on the north side of East Balboa Boulevard between "F" and "G" Streets on the Balboa Peninsula. Zone:. R -1 Applicant: Donald C. McHone, Santa Ana Owners: Donald C. and Nancy L. McHone, Santa Ana Due to the lateness of the hour, this matter was continued to the regular meeting of January 4, 1973 Item B -16 Request to amend a portion of Districting Map No. 1 AMENDMENT from a C -1 -H District to an R -2 District. NO f Location: Portion of Lots 3 and 14 and Lots 4, CONT..TO TA-N.4 5, 6, 7, 11, 12, and 13, Block 6, Seashore Colony Tract, located at 203- 205 - 207 -209 Lugonia Street and 202- 204 -206 Colton Street, between West Coast Highway and Newport Shores Drive in Newport Shores. Zone: C -1 -H Applicant: Dana H. Smith, Newport Beach Owners: Masami and Patsy K. Ogata, Santa Ana Due.to the lateness of the hour, this matter was continued to the regular meeting of January 4, 1973 ADDITIONAL BUSINESS: XThe Planning Commission directed the Ex- Officio X X X X XSecretary R. V. Hogan to amend the Rules and Pro - X cedure to have study session start at 2:00 P. M. X1 hairman Martin cast the dissenting vote as he is unable to attend at 2:00 P.M. Page 24. COMMISSIONERS CITY OF NEWPORT BEACH m�ywm?yx� m w T Z Z MINUTES - < P p Aht ceu ^ December 21. 1972 INDEX Motion X There being no further business, Planning Ayes X X X X X X Commission adjourned at 11:55 P.M. Absent X ?S CQUELINE E. HEATHER ecretary, Planning Commissi n City of Newport Beach Page 25.