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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 v 3' >3 00�> 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 �a 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 V y j. S fD � 3 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 • Page 6. CITY OF NEWPORT BEACH . February 19, 1970 COMMISSIONERS kv:unl \, 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 F Q' p p t+ 100 .1 £ rr 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 v 7� 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 • Page 13,