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HomeMy WebLinkAbout01/07/19711 COMMISSIONERS Mre CAL Present Absent • Motion Second All Ayes CITY OF NEWPORT BEACH Adjourned Planning Commission Meeting Place: Council Chambers Time: 8:00 P.M. Date: January 7.1971 MINUTES INDEX X XK X x x EX- OFFICIO MEMBERS Laurence Wilson, Planning Director Dennis O'Neil, Asst. City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker Helen Herrmann On motion of Commissioner Brown, seconded by Commis- sioner Glass, and carried, the minutes of the Adjourned Meeting on December 2, 1970, the Adjourn Ed Meeting at 4:30 P.M. on December 3,-1970 and the Adjourned Meeting at 8:00 P.M. on December 3, 1970 were approved. x The following items were continued until January 21, x 1971, at the request of the applicants. Item 3. Request to construct a Boys' Club on the westerly USE side of Vista del Oro approximately 240 feet PERMIT. northerly of the intersection with Vista del Sol. NO. 503 Item 4. Request to create one parcel of land - 15,189 sq. RESUBDI- ft. in area, for use as a site for a Boys' Club. VISA N1�5 Item 9. , Request to permit the off - street parking require- USE ments for an office building to be satisfied PERMIT through the use of 110 tandem parking spaces out NO. 1506 of a total of 1157 spaces, at the northwest corner. of Newport Center Drive and Santa Cruz Drive. Page 1. COMMISSIONERS CITY OF NEWPORT BEACH ' � z N o N N N y S R CALL F >� °�� " • Motion Second Ayes Noes • MINUTES January 7, 1971 INDEX Item 1. Request to establish a sixty -eight seat restaurant VARIANCE and two retail stores in an existing building with- out providing required off - street parking. APPROVED Location: Lots 6, 7 and 8, Block 10, Balboa Tract, located at 711 East Balboa Boulevard, on the southwest corner of East Balboa Boulevard and Main Street. Zone: C -1 Applicant:, Roy Collins, Newport Beach Owner: Same as applicant Planning Director Wilson presented the application to the Commission and stated that the parking for the residential units as required under Use Permit No. 1448 approved on October 2, 1969 have been provided.. Mr. William Wittman, attorney, represented the applicant and stated that prior to the remodeling of this building there were two restaurants.at this location with a total seating capacity of 175 and that the present facility has only_68 seats. He stated further there was no intent to conceal information from the Commission at the time of the granting of Use Permit No. 1448 and that Mr. Collins was merely trying to upgrade the property without any specific tenants in mind. He pointed out further that many of the people - patronizing this type of establishment would be on foot and that there was a municipal parking lot in close proximity. The Commission discussed the application at length and felt that this was a case of misunderstanding and that the remodeling of the building was an X asset to the Community, therefore approval of the X application was recommended. X x x xx x Item 2. Request to permit resubdivision of one parcel of 0.9 acres into four residential lots. RESUBDI- -VT= NUT-M Location: Portion of Block D, Corona del Mar, located at 2209 Bayside Drive, on the DENIED Page 2. COMMISSIONERS V � CALL a • .tion Second Ayes Noes CITY OF NEWPORT BEACH MINUTES January 7, 1971 INDEX southerly side of Bayside Drive between E1 Paseo Drive and Carnation Avenue. Zone: R -1 Applicants: Edward H. Willits and Nancy Willits Sattler, Corona del Mar Representative: Alvan C. Clemente, Corona del Mar Engineer: Raub,.Bein, Frost and Associates, Costa Mesa Owner: Same as applicant. Mr. Alvan C. Clemence represented the applicant and presented a sketch showing the proposed drive - way plan utilizing cross easements to the Commis- sion. Mr. Clemente pointed out that this particul parcel contains an excess of 40,000 square feet with an average frontage on the street and on the bay of 160 feet. Many of the lots in the area hav only about 25 feet of frontage on the bay. It was also pointed out that the City would be acquiring an additional 10 feet of right -of -way on Bayside Drive and that the setback from Bayside Drive woul be 42 feet. The Commission inquired whether the applicants would consider.a 3 lot resubdivision and the answe was negative. Mr. Willets, one of the applicants addressed the Commission and upon being asked what would be done if the application were denied, he replied that there is enough area in the parcel to submit a subdivision map of 5 lots. Mr. Robert L. Sattler, the husband of the other applicant, and her daughter, Carolyn Proe addresse� the Commission in favor of the application. Mr. Bud Desenberg who lives 3 houses to the .east o the Willits property addressed the Commission stat - ing he believed lots.with.50 feet of frontage . should be maintained. X After a further discussion, the application was x denied. Mr. Clemente was asked if his clients X x x x would like to have the application continued so that x x they could submit another map, and after conferring) with them, he replied that they did not. Page 3. INDEX COMMISSIONERS a X1+0 0 OQ', N 0 N R CALL 7C > ' 'no Motion Second All Ayes • CITY OF NEWPORT BEACH MINUTES January 7, 1971 INDEX Item 5. Request to permit live entertainment, dancing and USE the sale of alcoholic beverages in conjunction wit PERMIT a bonafide restaurant, located within 200 feet of 71U-7702 the boundary of a dwelling district. APPROVED Location: 353 East Coast Highway, located on the south side of East Coast Highway, approximately 200 feet east of the intersection with Bayside Drive. Zone: C -1 -H Applicant: Hungry Tiger, Inc:, Van Nuys Owner: The Irvine Company, Newport Beach Planning Director Wilson presented the application to the Commission and explained that this had been held over from the prior meeting because the appli- cant was not.present... It was noted that the staff has been in touch with the applicants to determine the nature of the live entertainment proposed, but to date has not received a written statement. Mr. Jim (Mathison represented the applicant and stated that a letter had been sent, but apparently not received. He stated tiiat, as in their other_ locations, they planned to have a trio - a pianist drummer and guitarist - vocalist playing popular tunes, show tunes and dance music. They definitel will not be offering hard rock or acid rock music as they cater to an older clientele. x After a brief discussion,.the application was x approved. Item 6. Request to install an off -site directional sign USE 27'2" in height. PERMIT NO. TT86 Location: Portion of Block 94, Irvine's Subdivi- sion located at 280 East Coast Highway APPROVED at the northwest corner of East Coast Highway and Bayside Drive. Zone: Unclassified Applicant: Ocean Toad Restaurant, Newport Beach Owner: The Irvine Company, Newport Beach Page 4. COMMISSIONERS w RCS CALL Motion Second All Ayes • • CITY OF NEWPORT BEACH MINUTES January 7, 1971 INDEX Planning Director Wilson read into the record a letter from the Irvine Company indicating that their have approved the location but they have not,.as yet, approved the design. Mr. Tony Richardson represented the applicant and stated that they are anxious to have this applica- tion approved as it has been held over several times; he stated further that they want to co- operate in every way possible. x After a discussion, the application for a direct - x ional sign was approved, subject to the following conditions: 1. That the height of the sign be limited to 25 feet and the size to 40 sq.ft. per side; the actual design and shape to be approved by the Modifications Committee. 2. Prior to the approval of a building permit for this sign, the existing sign and supporting pole structure advertising the "Ocean Toad" on East Coast Highway shall be removed. Item 7. Request to construct a gasoline service station in USE conjunction with the Harbor View Hills Shopping EERRMIT Center. N07TT91 Location: Portion of Block 93, Irvine's Subdivi- APPROVED sion, located at the northeast corner of San Joaquin Hills Road and MacA'rthu Boulevard realigned). Zone: C -O -H Applicant: Shell Oil Company, Anaheim Owner: The Irvine Company, Newport Beach Planning Director Wilson reviewed the application with the Commission and Mr. Mike O'Matheny, Real Estate representative for the Shell Oil Company, as well as Mr. Martin Zaldo, addressed the Commis- sion. They stated that they objected to the restrictions as suggested by Conditions 2 and 4 in the staff.report. After a discussion regarding all the conditions Page 5. COMMISSIONERS I& CALL �� w CITY OF NEWPORT BEACH January 7, 1971 MINUTES INDEX which the Commission feel are necessary until a Motion N service station ordinance is adopted, the applica -`. Second x tion was approved subject to the following condi- All Ayes tions and changes as discussed: 1. Operation of the station shall be limited to: A. Dispensing of gasoline. B. Sale and changing of engine oil`and filters. C. Lubrication of motor vehicles. D. Sale-and installation of batteries and minor automotive accessories. E. Sale, mounting and repair of tires. F. Auto washing and waxing when done: entirely within a building but not including any automatic or self service car wash. G. Operation of the station shall be limited to: Motor tune up service, the sale, replacement and installation of brake shoes,: cylinders, and minor • replacement brake parts, and air con- ditioning service. There.shall be no major engine and transmission over- Ful or repairs. Nor shall there be any upholstery work, glass replace= ment, painting, welding, dismantling, and body and fender work. H. Merchandising - no service station shall be operated in a self - service manner. No sale,.lease or rental of items, e.g., trailers, trucks,.toys, peat moss, dolls or other items not clearly incidental to the automotive industry, shall be permitted. Soda pop, candy and cigarettes may be sold via dispensers if such dispensers are housed within a building and are not visible to the public right -of -ways. 2. All tires, oils, additives and other auto- motive items shall be housed within the building, or within permanent display cabinets mounted on the pump isl-ands.. No outside displays of merchandise of any kind shall be permitted, with the exceptJon of a.3 tire display rack located within 10 • feet of the main structure. 3. There shall be.no flags, banners, spinners, Page 6. COMMISSIONERS U � "In N N O N RA CALL � ° � N , CITY OF NEWPORT BEACH January 7, 1971 MINUTES INDEX streamers or other attention attracting devices.permitted at any time on the site. 4. Signing - a maximum of two signs, not exceeding 100 square feet, shall be per- mitted on any service station site. One sign not exceeding 50 square feet, on each of a maximum of four sides, may be permitted in a free- standing location. No rotating, flashing or animated signs. shall be permitted. The signing shall be as shown on the architects preliminary drawings. Price signs.may be allowed subject to the approval of the Planning Director pending adoption of a service station ordinance. 5. All outside lighting shall be so arranged and shielded as to prevent any glare or reflection, and any kind of a nuisance, in- convenience and hazardous interference on nearby property or streets s. No direct • illumination sources shall visible from be adjacent properties or public right -of -ways 6. A detailed landscaping plan shall be sub - mitted to and approved by the Planning Director. Such plan shall include the names of all plants, container size, spacing and the irrigation system proposed. Adequate trees shall be included to screen the station from the nearby residential development. All landscaping shall be in- stalled in accordance with the approved pla and shall be permanently maintained in good condition.. 7. All landscaped areas shall be separated from paved areas`by a concrete curb 6 inches higher than the adjoining paving. 8. All utilities serving the site shall be installed underground. 9. The development shall comply substantially with the plans filed with the application and these conditions of approval. 10. All provisions for disposal of runoff water shall be approved by the Director of Public Works. Page 7. COMMISSIONERS CITY OF NEW BEACH • 0 Motion Second All Ayes MINUTES January 7, 1971 INDEX 11. This approval shall be null and void unless Resubdivision No. 284 is approved and completed. 12. Gasoline delivery - no delivery tanker shall be permitted to park on public right -of -ways during gasoline delivery. 13. Parking - a minimum of 10 on -site parking spaces shall be provided. 14. The Planning Commission shall reserve the. right without necessity of further hear - ings to-require minor modifications of any of the foregoing conditions or the working drawingsA f such modifications will achieve substantially the same results and will in no way be detrimental to adjacent properties and improvements than will the strict compliance with said conditions and preliminary plans. Item 8. Request to establish a pet shop specializing in USE tropical fish with occasional birds, reptiles and PERMIT small mammals, to be located in the "Balboa N0. 1504 Pavilion ". APPROVED Location: Lots 4, 5, 6 and 7 of Block G and Lots 1, 2 and 3 of Block H of the Bay Front Section, located at 400 Main Street, Balboa. Zone: C -1 Applicant: Edward P. Comfort, Costa Mesa Owner: Davey's Locker.Inc., Newport Beach Planning Director Wilson presented the application to the Commission and Mr. Edward Comfort, the applicant, answered questions.; He stated that he would have at most 8 or 10 reptiles and no monkeys. It was also noted that the State's regulations eliminate the possibility of keeping dangerous wild animals. Mr. Phil Tozer addressed the Commission and stated they have turned down a number of tenants they felt were incompatible and that this requested use seems to fit in well with other operations in the area. x x The application was approved. Page 8. COMMISSIONERS y V 50 .S O rtNN O 0% R CALL m 6i on Second All Ayes • CITY OF NEWPORT BEACH MINUTES January 7, 1971 INDEX Item 10. USE PERMIT Request to convert an existing medical building into a five -unit boarding house. Location: Lot 17, Tract 1136, located at 400 NO. E -01 Westminster Avenue on the northeast APPROVED corner of Westminster Avenue and Beaco Street. Zone: C -1 -H Applicant:. John Vogel, Newport Beach Owner: Same as applicant. Planning Director Wilson presented the application to the Commission. The applicant, John Vogel,. stated that once a medical building loses its glamour and the doctors move on to a new location, it is very difficult to get other doctors to occupy the same offices. x x After a short discussion, the application was approved. Commissioner Adk nson stepped down from the dais during discussion of the following item in order to avoid a conflict of interest. Item 11. USE PERMIT Request to construct a four -unit residential build- ing on two lots in a C -1 District. Location: Lots 7 and 8, Block 3, East Newport Tract, located at 511 and 513 West Bay N0. TT97 APPROVED Avenue on the south side of West Bay Avenue between Island Avenue and 6th Street. Zone: C -1 Applicant: Land Evolution Inc., Santa Ana Owner: Same as applicant. Planning Director Wilson presented the application to the Commission and explained that the applicatio had been held over from the meeting of December 17, 1970 when the Commission voiced concern regarding the proposed parking arrangement and the applicant Page 9. COMMISSIONERS Res CALL , Motion Second Ayes Abstain E Motion Second All Ayes CITY OF NEWPORT BEACH MINUTES January 7, 1971 INDEX requested an opportunity to submit revised plans. It was noted that the applicant has submitted a revised plot plan which has been reviewed by the Traffic and Parking Engineer, as well as other City staff members, and appears to satisfy the major objections of the Commission.. Mr. Frank Spangler represented the applicant and x answered questions of the Commission. After a x discussion, the application was approved. x x x x x Commissioned Adkinson returned to the dais. Item 12. USE Request to construct two single- family dwelling units on one lot in a C -1 District: TMIT NV.TO 0 Location: Lot 8, Block 12, Balboa Tract,.located at 815 East Balboa Boulevard,.on the APPROVED southwest corner of East Balboa Boule- vard and "A" Street. Zone: C -1 Applicant: Patrick O'Connor, Newport Beach Owner: Ontario Savings and Loan, Ontario Planning Director Wilson presented the application to the Commission. Mr. Patrick O'Connor, the applicant, was present and asked that the applica- tion be amended to permit a 7�2 foot front yard set- back instead of the requested 9 feet, thereby permitting the garage dimensions for the front unit to meet .Code requirements: x After a discussion the application was approved x subject.to the following conditions: 1. That the front garage width be increased to the legal minimum width (thus reducing the front yard setback to 7'6 "). 2. That a curb cut permit be obtained for . the garage opening on "A" Street. The staff was directed to make a study as to the feasibility of rezoning the commercially zoned property south of Bay Avenue, beginning'at 6th Street through to the point where the property is residentially zoned. Page 10. COMMISSIONERS U N N N S CALL a • Motion Second All Aye n CITY OF NEWPORT BEACH MINUTES January 7, 1971 INDEX Request to construct a duplex.dwelling on.one lot. in a C -1 District. Location:. Lot 6, Block 9; Section 1, Resubdivi- Item 13. USE R-MIT N 6-T-0 5 sion of Balboa Island,.located at 510 APPROVED South Bay Front, Balboa Island, on the northwest corner of Opal Avenue and South Bay Front.. Zone: C -1 Applicant: Roger.Cook, Newport Beach Owner: Same as applicant Planning Director Wilson presented the application to the Commission and explained the various alter- natives available. Mr. Frank Spangler represented the applicant and a lengthy discussion ensued regarding the setbacks, a proposed deck and whether access should be taken from the alley or from Opal. Avenue. Mr. Bob Slater of 512 So. Bay Front stated he was delighted that the property was going to be improve in some way, however, it was noted that the driveway on Opal Avenue has been used as public.parking and if access is permitted at this point, 3 parking spaces now being used by the public would be elimin ated. Mr. and Mrs. Roland Valley of 508 South Bay Front asked that the applicant be required to, maintain the same front setback as theirs as other- wise they would be "boxed in ".. A Mrs. Stilwell' stated she was in full agreement with her neighbors. x After further discussion, the application was x approved, subject to the following condition: s 1. That the front yard setback on the bay side be 8 feet. Commissioner Adkinson stepped down during discussi,o of the following item in order to avoid a conflict of interest.. Page 11. COMMISSIONERS w o c v N NNON � CALL �N � • tion and Ayes Noes Abstain CITY OF NEWPORT BEACH MINUTES lanuary 7. 1971 INDEX Item 14 Request to divide three existing lots into four RESUBDI parcels, three of which would be used as duplex building sites. N0: 296 Location :, Lots 8, 9 and 10, Block 12, Tract 27, CONT`D. located at 415 Santa Ana Avenue, on UNTIL the northwest side of Santa Ana Avenue TA17-21 between Beacon Street and Broad Street Zone: R -2 Applicant:. Robert P. Warmington, Corona del Mar Owner: Matt Didak, Newport Beach Planning Director Wilson presented the application to the Commission and explained that the applicant had sufficient square footage in the requested 4 parcels to meet Code requirements. However, since the neighborhood is predominantly R -1, except for two blocks zoned R -2 in which this property is located,.staff suggested that the Commission might consider. reclassifying all property.bounded by Santa Ana Avenue, Catalina Drive, Broad Street, the alley south of Beacon Street, La Jolla Drive and Beacon Street to an R -1 District. It was pointed out that most of the properties.in this area have been'resubdivided and developed to R -1 standards. Mr...Robert Warmington, the applicant, addressed th Commission and stated that that property has been zoned R -2 for many years. He also pointed out that there would be only a single dwelling on one of the lots; however, it was pointed out to him that if the resubdivision were approved, this hous could be removed and a duplex constructed. Mr... Warmington noted that there.is a duplex two lots to the south and right next door to this property, as well as at least five duplexes in the 300.block Mr. Edward Warmington also addressed the Commissi,o and stated that he felt the plans as submitted, design wise and density wise, were compatible with the neighborhood. x After a lengthy discussion, a motion for denial x failed to carry. x x x x Page 12. COMMISSIONERS V N �N N O Aul RS CALL o O £ Motion Second Ayes Noes x x Abstain. CITY OF NEWPORT BEACH January 7, 1971 MINUTES INDEX x A motion for approval was made and it also failed x to carry: x x x x x A motion to reconsider this resubdivision x carried. The application was continued until January 21, x 1971, with the consent of the applicant, and the x staff was directed to make a survey of the two block area in question, showing exactly how many units are existing on each parcel and also showing the lot.splits that have been made. Commissioner Adkinson returned to the dais. Item 15. Request for extension of use permits,.which allow live entertainment and dancing in conjunction with USE PTIEMITS a restaurant. NO. 1272 and 1419 Location: A.P. #46483 -13 located at 3295 Newpor, Boulevard on the westerly side of EXTEN- . Newport Boulevard, between 32nd Street SION and Finley Avenue. APPROVED Zone: C -1 Applicant: George M. Olsen (White Horse Inn), Newport Beach Owner: Richard Ervin, Newport Beach Planning Director Wilson explained the application to the - Commission and stated that the previously . imposed conditions of approval are being observed at the present time. Mrs. Nancy Olsen was present at the meeting and x after a discussion, Use Permits No. 1272 and 1419 were extended for a period of time not to exceed x one year, subject to the conditions now in effect, with the exception that the necessity for a quarte ly report from the staff was deleted. The conditions applying to these use permits at the present time are as follows: 1. That the amendment to Use Permits No. 1244, 1272 and 1419 to extend the closing Page 13. Motion Second All Aye Motion Second All Ayes • Motion Second All. Ayes • COMMISSIONERS R& CALL CITY OF NEWPORT BEACH January 7, 1970 MINUTES INDEX hour from 12:00 Midnight to 2:00 A.M. and the use of amplification devices be approved for a period of one year; any request for extension to be considered by the Planning Commission. 2. Applicant to provide adequate lighting in the alley and adjacent parking area. 3. No delivery trucks to be allowed to unload while stopping in the alley; all unloading to be restricted to the White Horse Inn parking lot. 4. The Dewey's rubbish can will be kept on the parking lot side of the restaurant and will be kept clean at all times. 5. The Dewey's rubbish can will be emptied after 9:00 A.M. and no trash shall be placed into said rubbish can after 9:00 P.M. • 6. The City Center Block parking lot on Finley Street will be closed and chained on Friday and Saturday nights at 7:00 P.M. The White Horse Inn will be responsible for seeing that this is done. 7. The White Horse Inn will pick up and clean the area around the Pride Gas Station on Saturday and Sunday mornings. 8. The White Horse Inn will turn around the fan on the roof of the Inn so that it faces Newport_.Boulevard, and will turn off said fan at 11:15 P.M. every night. A quiet motor and exhaust unit shall be placed on said fan. 9. The White Horse Inn will provide uniformed parking attendants.on Wednesday through Saturday from 9:00 P.M. to 2:00 A.M. Said attendants will patrol the area around the restaurant and direct patrons to available and lawful parking spaces. 10. The rear door of the White Horse Inn will • be closed and locked every night at 9:00 P.M., except as may be required by the Fire Marshall. Page 14. COMMISSIONERS 0 0 N No£y ^S S O 3 N R CALL � � • Motion Second Al Ayes Motion Second All Ayes • CITY OF NEWPORT BEACH MINUTES January 7, 1971 INDEX Item 16. Request for extension of use permit which willows USE on -sale beer and wine, and patron dancing to PERMIT recorded music. X718 EXTENSIOP Location: Lot 10, Block 11, Balboa Tract, located at 810 East Balboa Boulevard, o the PPROVED north side of East Balboa Boule and between Main Street and "A" Str et. Zone: C -1 Applicant: Jonas Juska, (Captain January's), Newport Beach Owner: Dr. Robert Andrews, Costa Mesa Planning Director Wilson presented the application to the Commission and stated that accordingjto the Police Department there have been no complaints filed since the new management took over approxi- mately two months ago. Mr. Jonas Juska and Miss Terry Simody, the owners of the business were present and after a discussion, x the application was extended for one time, not to x exceed one year, subject to the original conditions of approval, with any additional requests for extension to be referred to the Modificatiolc Committee. The staff was directed to prepare an amendment to x the Zoning Ordinance providing two covered parking x spaces for each residential dwelling unit, Said amendment to be considered by the Commissio6 and se for subsequent hearing at the meeting of January 21, 1971. The staff was further directed to update the pro- posed service station ordinance and forward it to the Commission for public hearings. N On motion of Commissioner Watson, seconded oy Commissioner Glass, and carried, the meetinj was adjourned. n �y Don R. Adkinson, Secret ry Planning Commission Page 15. is