HomeMy WebLinkAbout02/19/1970CITY OF NEWPORT BEACH
Minutes of: Regular Meeting of Planning Commission
Date: February 19, 1970
. Time: 8:00 P.M.
Place: Council Chamhers
COMMISSIONERS
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ROLL CALL:
Commissioners Present:
x
x
x
N
NX
I
Commissioners Absent:
x
EX- OFFICIO
MEMBERS
Present: Laurence Wilson, Planning Director
Benjamin B. Nolan, City Engineer
Dennis O'Neil, Asst. City Attorney
STAFF MEMBERS
Present: James E. Nuzum, Associate Planner
Rodney L. Gunn, Assistant Planner
Wm. R. Foley, Zoning Inspector
Kay Kamm
MINUTES
On motion of Commissioner Brown, seconded by
Commissioner Dosh, and carried, the minutes
of February 5, 1970, were approved.
* * * * * * * * * * * * * * * * * * * **
Item .l.
MODIFICATION
Commissioner Adkinson left the dais during
discussion of Item 1 to avoid a conflict
of interests.
APPLICATION
NO. 94
DENIED
Request to add an additional dwelling unit
to an existing triplex.
Location: Portion of Block D, Corona del
Mar Tract, located at 233
Carnation Avenue between Seaview
Avenue and Ocean Boulevard.
Zone: R -3
Applicant: Leroy E. and Ruth M. Fay,
Balboa Island
Owner.: Same as applicant
.
Attorney Donald D. Harwood represented the
applicants in this application. After dis-
cussion of the available parking and advisa-
Motion
x
bility of adding a fourth unit, Commissioner
Second
x
Dosh moved that the application be denied.
Abstain
x
Ayes
x
x
x
x
x
CITY OF NEWPORT BEACH
February 19. 1970
COMMISSIONERS
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100C
Commissioner Adkinson returned to dais
Items 2, 3
and 4.
USE PERMIT
Request for extension of existing use permit
which allows live entertainment and dancing
NO. 1272
AND T_4 T_9
in conjunction with a restaurant and request
to amend closing hours of White Horse Inn
APPROVED
from 12:00 Midnight to 2:00 A.M.
Location: Located at 3295 Newport Boulevar
AMENDMENT
FO on the westerly.side of Newport
Boulevard, between 32nd Street
and Finley Avenue.
UP 1244, 177,29
& 1419
DENIED
Zone: C -1
Applicant: George M. Olsen (White Horse Inn',
Newport Beach
and Dan — Britannia, Inc., Npt.Bch
Owner: Richard Ervin, Newport Beach
•
Planning Director Wilson presented the appli
.
cants' request, combining Items 2, 3 and 4,
and read a telegram received by the Planning
Department from G. A. Zimmer, Flying Butler
Restaurant, objecting to renewal of this use
permit.
Mr. George Roberts, attorney for applicants,
stepped forward -to speak for his clients.
He was questioned by the Commissioners on
closing hours and stated that 30 % -40% of the
business of the White Horse Inn was done be-
tween midnight and 1:30 A.M., particularly
over the week end,
Chairman Jakosky asked for comments from the
audience and the following people came forwa
d
to speak against this extension:
1. Mr. & Mrs. Victor Kowaleski
402 Clubhouse Ave., N.B.
2. Mr. John Taber, Pride Oil Station
3201 Newport Blvd., N.B.
3. Mr. John Callahan
410 Clubhouse Ave., N.B.
•
4. Mr. Boyd Peters
404 Clubhouse Ave., N.B.
Mr. Michael Kazmark, 404 Clubhouse, spoke in
support of the application.
Page 2.
CITY OF NEWPORT BEACH
i February 19, 1970
COMMISSIONERS
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Attorney Roberts returned to view snapshots
submitted by Mrs. Kowaleski and answered
Commissioner Brown's question on the Inn's
capacity. 145 people was his answer, and he
also mentioned the fact that the Police De-
partment does check on this and has never
voiced a complaint. Mr. Kazmark, Mr. Kowal-
eski and Mr. Taber came forward a second
time to emphasize their positions and Chair-
man Jakosky closed the public hearing.
The Commissioners discussed the information
they had received, and Commissioner Martin
made a motion to extend Use Permit 1272 and
Use Permit 1419 until January 7, 1971, to
give the applicant time to demonstrate his
awareness of the noise problems and do some-
thing to correct them; such extension to be
subject to Staff recommendations listed
except that Condition No. 1 read:
1. No amplification be used in conjunction
with live entertainment and dancing, and
all doors to the restaurant be kept
closed during hours of operation.
2. The applicant provide improved lighting
in the alley and adjacent parking area.
3. The applicant clearly mark the limits of
private property abutting the public
alley right -of -way in the vicinity of
the White Horse Inn and keep all private
uses such as trash storage and designate
parking spaces clear of the public right-
of-way.
4. The applicant restripe the parking area
adjacent to the White Horse Inn and
clearly indicate where parking is allowe
.
5. The applicant continue to employ such
parking attendant or attendants as may b
necessary to direct patrons to available
legal parking spaces and prevent recur-
rence of the problem of illegal parking,
particularly in the alley to the rear of
the White Horse Inn.
The motion also denied approval of Item 4 -
Amendment to Use Permits 1244, 1272 and 1419
- Motion
x
to extend the closing hour from 12:00 mid-
Second
x
night to 2:00 A.M.
All aye
Page 3.
CITY OF NEWPORT BEACH
• February 19, 1970
COWAISSIONERS
too �''o-s ? 1 as N
Item 5.
USE PERMIT
Request to permit yacht and ship brokerage.
N0: 1465
Location: Portion of Lot 2, Tract 3232,
CONTINUED
located at 1137 Bayside Drive
UNTI
at the southeast corner of Bay -
APRIL 2,
side Drive and Marine Avenue.
1970
Zone: C -1 -H
Applicant: J. H. Richardson Company, Inc.,
Balboa Island
Owner: The Irvine Company, Newport Beac
Mr. James Taylor, Irvine Company, appeared
for the applicant and indicated that a con-
tinuance of this application of four to six
weeks would be satisfactory, in lieu of an
indefinite continuance. The purpose of the
requested continuance would be to complete
•
site studies for a.proposed new location
rather than the location originally specifie
in the application.
Chairman Jakosky asked for a legal opinion
on operation of business at its present
location during the extension. Asst. City
Attorney O'Neil stated that operation must
Motion
x
terminate during the six'week extension
Second
x
period.
All ayes
Item 6.
USE PERMIT
Request to permit an automotive repair shop
N0. 'fT6-7
in conjunction with an existing automotive
service station.
APPROVED
Location: Lots 3, 4 and 5, Block 7, Sea-
shore Colony Tract, located at
6700 West Coast Highway at the
northwest corner of West Coast
Highway and Colton Street:
•
Zone: C -1 -H
Applicants: Edward Lancaster and William
C. Neal, Newport Beach
Owner: Harbor Service Stations, Inc.,
San Gabriel
Page 4.
CITY OF NEWPORT BEACH
a February 19, 1970
COMMISSIONERS
Mr. William Neal appeared as applicant on
this application.. After discussion by the
Commissioners, applicant and Staff, this
use permit was approved for a one -year
period, incorporating certain changes from
the written Staff recommendation. Condition
of approval adopted by the Planning Commis-
sion are as follow:
1. All work shall be done within a building
2. The operation shall not include any
wheel straightening, turning of brake
drums, upholstery work, glass replace-
ment, painting, welding, dismantling,
body and fender work, engine or trans-
mission overhaul, or any other work re-
quiring the use of power operated
machinery.
3. There shall be at least eight parking
spaces provided on site and they shall
be marked and provided with wheel stops:
4. The site shall be landscaped in accord -
once with a plan approved by the Plannin
Director.
5. A fully enclosed trash area shall be
provided.
6. All signs, other than those permanent
signs now existing, shall be subject to
approval.by the Planning Director.
7. The previous condition of approval re-
garding completion of street and alley
Motion
x
improvements attached to Use Permit
Second
x
No. 1018 shall be waived.
All ayes
Item 7:
RESUB-
Request for extension of condition of approv
1
DIVISION
which requires that individual sewer, water
NO. 256
and other utility services be provided to
each parcel within one year and in a manner
APLBOVED
approved by the City Engineer.
Location: Located on the easterly side of
Lido Park Drive between Lafayett
Avenue and the Lido Trailer Park
Page 5.
CITY OF NEWPORT BEACH
a February 19, 1970
QCOMMISSIONERS
Zone: C -2
Applicant: Lamoine E. Means, Corona del Mar
Owner: Same as applicant
Mr. Lamoine E. Means appeared as applicant
on this request. After discussion, the Plan-
ning-Commission, with approval of the City
Engineer, granted a one year extension subject
to the posting of a bond (or bonds) in an
amount adequate to guarantee individual
utility services. Staff is directed to
Motion
x
record a notice of illegal subdivision if
Second
x
bonds are not posted.
All ayes
Items 8, 9
10
Request for extension of existing use permit
which allows one price sign not to exceed
USE PERMITS
NO. 1293
NO. 1303
3'x4' and one reasonable sized tire rack.
Portion Block
Location: of 94, Irvine's
APPROVED
UP 1293 Subdivision located at 1000 East
Coast Highway on the northeast
corner of East Coast Highway and
Jamboree Road.
Zone: Unclassified
Applicant: Mobil Oil Corporation, Downey
Owner: The Irvine Company, Newport Bch.
Location: Portion of Block 94, Irvine's
UP 1303 Subdivision, located at 990 East
Coast Highway on the northwest
corner of East Coast Highway and
Jamboree Road.
Zone: Unclassified
Applicant: Brown's Shell Service, Newport Bch.
Owner: The Irvine Company, Newport Beach
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Page 6.
CITY OF NEWPORT BEACH
. February 19, 1970
COMMISSIONERS
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Location: Lots 1 and 2, Tract 1210, located
UP�T235 at 200 West Coast Highway on the
northeast corner of West Coast
Highway and Dover Drive.
Zone: C -1 -H
Applicant: Atlantic Richfield Company,
Anaheim
Owner: The Irvine Company, Newport Beach
Planning Director Wilson presented the Use
Permit 1293 application and Chairman Jakosky
called for an applicant from the audience.
No one came forward from the Mobil Oil Cor-
poration. Mr. Don Brown of Brown's Shell
Service (UP 1303) stepped forward. Inasmuch
as Items 8, 9 and 10 were identical in nature,
the Commission decided to act on all three
simultaneously.
•
Mr. Brown told of the hardships involved for
his station and also the Mobil station at
1000 East Coast Highway with regard to the
limitation of signing. Others appearing on
his behalf were Mr. Jack Barnett, Manager of
the Newport Harbor Chamber of Commerce; Mr.
Hiram Defraz, Shell Company Real Estate De-
partment; Mr. Ford Miller, Shell Oil Company;
Mr. Ed Harper, business consultant. Each of
these people commented on the excellent ap-
pearance of these three stations but did feel
some signing leeway should be shown until
such time as the City has developed a new
service station ordinance which would then
be enforced for all service stations, equally.
After discussion by the Commissioners, Approval
was granted for a one year ex.tension of Use
Permit 1293, Use Permit :1303 and Use Permit
Motion
x
1235, with the stipulation that only one tire
Second
x
display rack be allowed.
All ayes
Item 11
USE"PERMIT
Request to allow temporary medical facilities
for the purpose of rendering first aid and
N0. 1468
other medical services in the airport area.
APPROVED
Page 7.
CITY OF NEWPORT BEACH
a February 19, 1970
COWAISSIONERS
� 0 N F fiN0 ?� fi 7
Location: Lot 5, Tract 5169 located at
4321 Birch Street on the westerly
side of Birch Street between Dove
Street and MacArthur Boulevard.
Zone: M -1 -A
Applicant: Fred Kahn, M.D., Tustin
Owner: Brad Miller, Newport Beach
Dr. Fred Kahn appeared to answer questions
of the Commission. There was no comment from
the audience. The application was approved
Motion
x
for a period of one year, subject to recom-
Second
x
mendations of the Staff.
All ayes
* * * * * * * * * * * * * * * * * * * * **
Chairman Jakosky called a five minute recess
and the Commission reconvened at 11:25 P.M.
with all members present.
It�12
RESUB-
Request to subdivide parcel for purposes of
TTGiSTON
combining with existing parcel to create a
N0. 281
swimming pool site.
APPROVED
Location: Portion of Block 55, Irvine's Sub-
division located southwesterly of
Newport Center Drive West.
Zone: Unclassified
Applicant: Irvine Coast Country Club,
Newport Beach
Owner: The Irvine Company, Newport Beach
Mr. Forest Smith, President of the Irvine
Coast Country Club, was present to answer
questions of the Commission. The application
was approved with Staff recommendations that
the pool be constructed in compliance with
Building Code Requirements and that a sub-
Motion
x
division parcel map be filed within a period
Second
x
of one year.
All ayes
Page 8.
I
CITY OF NEWPORT BEACH
February 19, 1970
SOMMISSIONERS
tX r30 A\.\\
Items 13,
14, 15 & 16
Requests to permit three dwelling units on lots
i
VARIANCE
having 3540 sq.ft. where the districting regu
1v0. 984
lations require 3600 sq.ft. and to allow on
!1. 985
each lot one open parking space eight feet
VU-7m
wide where the regulations require a covered
space nine feet wide.
CONTINUED
Location: Lots 26, 28, 30 and 32, Block 239,
UNTIL
MARCT 5,
Corona del Mar.Tract, located at
9�0
324, 326, 328 and 330 Marguerite
Avenue on the easterly side of
Marguerite Avenue between Seaview
Avenue and East Coast Highway.
Zone: R -3
Applicant: John D. Mitchell, Jr., Newport Bc
.
Owner.: Same as applicant.
Inasmuch as these four applications are iden-
tical, Chairman Jakosky stated that they
would be handled simultaneously. Associate
Planner Nuzum explained the plot plans and
elevations. Mr. John Mitchell, Jr. was
present to answer any questions of the Commis-
sion.
After discussion, the Commission felt that
the proposed plans were unsatisfactory and
that some better solution could be found,
possibly by combining the lots into larger
parcels to insure better parking arrangements
The applicant was agreeable to.a delay to
allow further study and asked that the matter
be held over until the Planning Commission
Motion
x
meeting of March 5, 1970, to give him time
Second
x
to study new plans.
All ayes
Item 17
FINAL MAP
Request for approval of tract map showing
TRACT 028
21.015 acres divided into 79 residential lots
Location: Portion of Blocks 92 and 93 of
Irvine's Subdivision located
APPROVED
•
easterly of MacArthur Boulevard
at the southern extension of New -
port Hills Drive East.
Page 9.
CITY OF NEWPORT BEACH
a February 19, 1970
COMMISSIONERS
ajc N G � S
N 1 N l N
Zone: "P -C"
Applicant: Donald L. Bren Company,
Sherman Oaks
Owner: The Irvine Company, Newport Beach
Planning Director Wilson discussed this appli-
cation and the Chairman asked for comments.
Robert Bein, engineer for the developer, was
prepared to display the map which was present-
ed at the Parks, Beaches & Recreation Commis-
sion meeting and which was well received by
them. This application involved the PB &R
Commission because it is adjacent to a pro-
posed park, and the City Council previously
had specified that the question of public or
private status of this park must be resolved
prior to recording of final subdivision maps
in this portion of the Upper Harbor View Hill
Community.
After discussion, Planning Director Wilson
stated that he did not anticipate any,prob-
lems, and Commissioner Brown made a motion
for approval subject to the completion of re-
maining applicable conditions of approval as
established for Tentative Map of Tract 6938.
Also that recommendation be made to the City
Council that the proposed park adjacent to
the westerly boundary of Tract 7028 be de-
Motion
x
signed and developed in such a way to be
Second
x
acceptable as a part of the City park system
Abstain
x
in Newport Beach.
Ayes
x
x
x
x
x
Item 18
MASTER PLAN
Proposal to amend Master Street and Highway
Plan by realigning Bayside Drive between
East Coast Highway and Jamboree Road (Marine
MENDMENT
NO. 25
Avenue).
APPROVED
Dave Kaylor, Irvine Company; James Taylor,
Irvine Company; and Robert Bein, engineer;
were present on this application. Due to the
lateness of the meeting (approximately 12:00
midnight), Chairman Jakosky asked the appli-
•
cants' feelings about holding the matter over
for two weeks. Mr. Taylor felt very strongly
that the matter must be heard inasmuch as
Page 10.
CITY OF NEWPORT BEACH
a February 19, 1970
COMMISSIONERS
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p t+ 100 .1
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it had been held over from the previous
meeting and two more weeks' delay would cause
undue expense and hardship. The meeting pro-
ceeded with Mr. Kaylor answering questions of
the Commission. Chairman Jakosky closed the
public hearing but as discussion by the Com-
mission became more involved, the hearing was
reopened by motion of Commissioner Glass,
seconded by Commissioner Dosh, approved unani-
mously.
After further discussion and closing of the
public hearing, motion was made and passed
that Master Plan Amendment No. 25 be approved
subject to Staff recommendations:
1. That the Bayside Shopping Center parking
lot be redesigned to the satisfaction
of the Planning Director, and construct-
ed concurrently with construction of
realigned Bayside Drive.
2. That access requirements to the Shark
Motion
x
.
Island Yacht Club and the adjacent
Second
x
apartments be restored to the satis-
Aye
x
x
x.xx
faction of the Planning Director.
Nay
x
Item 19
USE PERMIT
Request to permit development of a residential
area of single - family dwelling units, with
66
supporting commercial and recreational faci-
APPROVED
lities, to include a yacht basin and marina.
Location: Portion of Block 94 of Irvine's
Subdivision located between
Pacific Coast Highway and Bayside
Drive, west of Jamboree Road
(proposed Promontory Bay).
Zone: Unclassified, C -N -H and R -3
Applicant: The Irvine Company, Newport Beach
Owner: Same as applicant.
Planning Director Wilson read the application
and Commissioner Glass asked if the applicant
were agreeable to the conditions recommended
in the Staff report. Mr. Taylor stated that
they were not in agreement with Condition No.
5
Page 11.
CITY OF NEWPORT BEACH
February 19. 1970
OMM�ISSIONERS
F 3 0 u+ �
regarding the requirement.of a separate use
permit for the proposed marine development
of Parcel 2. After discussion, the Chairman
closed the public hearing and Commissioner
Adkinson made a motion for approval of Use
Permit 1466 with modified Staff recommenda-
tions as follow:
1. That approval of Use Permit No. 1466
be subject to satisfactory demonstra-
tion of the engineering feasibility of
the proposed lagoon design and issuance
of a harbor.permit. (See report to
Joint Harbor Committee from City of
Newport Beach Harbor and Tidelands
Administrator attached.)
2. That an amendment to the Master Street
and Highway Plan is approved.
3. That Parcel No. 3 and Parcel No. 4
be approved in principle only and be
subject to a separate use permit for
.
each of the two parcels.
4. The Irvine Company will undertake to
rezone Parcel No. 9 to single - family
residential and Parcel No. 1, to
include any designated channel cut,
to an unclassified district.
5. Parcel No. 2 subject to approval of
Motion.
x
.Planning Director; however, Planning
Second
x
Commission does not waive any part of
Abstain
x
the parking requirements of the parcel.
Ayes
x
x
x
x
x
Item.20
TENTATIVE
Request to permit subdivision of 24.0± acres
into 62 residential lots, and Lot "A" re-.
MAP TRACT
.NO. 366.7.,
served for waterway purposes, Lot "B" re-
served for pl.an-te.d a.r.e.a,. Lot, "C" re.s.erme.d.
'CO"NITNUEO -.
for common waterway access area, Lot "D"
UNTIL-MARCH
reserved for parking and marina facility,
Lot "E" reserved for park site and Lot 63
reserved for commercial site.
Location: Portion of Block 94 of Irvine's
Subdivision located between
Pacific Coast Highway and Bay-
side Drive, west of Jamboree
Road (Promontory Bay).
Page 12.
CITY OF NEWPORT BEACH
' February 19, 1970
COMMISSIONERS
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N Air N V
Zone: Unclassified, C -N -H and R -3
Applicant: The Irvine Company, Newport Beach
Owner: Same as applicant.
Mr. James Taylor, representing the Irvine
Company, asked that the Planning Commission
hold this application over until the next
Commission meetin (March 5, 1970) because
of the late hour approaching 2:00 A.M.).
Chairman Jakosky recommended such action
Motion
x
and suggested that Staff place this matter
Second
x
as Item 1 on the next agenda.
All Ayes
On motion of Commissioner Brown, seconded by
Commissioner Adkinson, and carried, the
meeting was adjourned.
Don R, Adkinson, Secretary
Planning Commission
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