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HomeMy WebLinkAbout03/04/1971COMMISSIONERS Present Absent • CITY OF NEWPORT BEACH Adjourned Planning Commission Meeting Place:. Council Chambers Time: 8:00 P.M. Date: March 4. 1971 MINUTES INDEX x xx x xx x EX- OFFICIO MEMBERS Laurence Wilson, Asst. Community Development Dir. Dennis O'Neil, Asst. City.Attorney STAFF MEMBERS James D. Hewicker, Zoning. Administrator Helen Herrmann In the absence.of Chairman Jakosky, the meeting was conducted by First Vice Chairman Watson. - On Motion of Commissioner Dosh, seconded by.Commis sioner Brown, and carried, the minutes of February. 4, 1971 were approved as written. Item 1. Proposed amendments to Section 20.08:190 of the AMEND-_ Newport Beach Municipal Code pertaining to off - MEN street parking requirements. 07281 Vice Chairman Watson.infor.med the audience that DISCUS - this matter was a discussion item only and that SIB public hearings would take place on March 18, 1971 at 8:00 P.M. in the City Council Chambers. PUBLIC HEATING Zoning Administrator Hewicker explained the pro =. ON posed ordinance and the changes in parking standard NR. 18 which are contemplated. It was n.oted that copies of the amendment had been sent to approximately 40 Homeowner's Associations and the Chambers of Commerce. To date the staff had received only one objection, that being a letter from the Newport Beach Improvement Association which was read into the record; also a telephone call from a:.Mr. Griffith of 6808 West Ocean Front who indicated he was in favor of the amendment. Assistant Community, Development'Director Wilson also spoke as to the reason for initiating this proposed ordinance and explained that the City is experiencing an increasing parking demand because Page 1. COMMISSIONERS V 0 N 3N N S GILL CALL � s a 3 CITY OF NEWPORT BEACH March 4, 1971 MINUTES INDEX of the increase in the size of dwelling units: Mr. Tom Blandi, Vice President of the West Newport Association and a property owner on Seashore Drive spoke in opposition stating he does not believe this will in any way provide additional parking area but rather, will have an adverse effect on rentals and real estate values: Mr. Frances Horvath, Chairman of the Civic Affairs and Planning Commission of the Newport Harbor Realty Board addressed the Commission and stated their Committee is unanimously opposed to the proposed ordinance; they did not take a definite action but will make a recommendation in time for the meeting of March 18, 1971. Mr. Arthur Kramer of 1403 N. Bayfront, Balboa Island spoke in favor of the proposed ordinance. In addition, he felt the problem could be solved by denying variances and use permits which request waivers to existing parking requirements. • Mr. Theo DeLaender of 127 -44th Street spoke -in opposition stating-he did not think the amendment would help the situation. Mr. Peter DeBaun of,2508 Ocean Blvd., Corona del Mar stated he felt the ordinance as written is im- practical and would place Balboa, Balboa Island and Corona del Mar in'a nonconforming classification. Mrs. Ballif.who owns property at 212 - 19th Street and 1623 Balboa Boulevard spoke in opposition. She inquired as to whether it would.be possible to force people to keep their cars in garages instead of using the garages for sleeping quarters. Assistant Community Development Director Wilson stated that a proposal in the past to limit all. night parking.of cars on the street had met with a great deal of opposition. Mr. Bill Watt of the Irvine Company addressed the Commission and stated that in their opinion, the ordinance as proposed is too stringent and they will be coming back with more specific recommenda- tions. He stated further that they would be happy to work with the staff as they would like to come u with a reasonable parking ratio. Mr. Bob Tracy of 1525 Bonnie Doone Terrace stated he believed the major problem is that homeowners Page 2. • COMMISSIONERS y � O c4 N 3 � S A 3N CAtL s ��� � CITY OF NEWPORT BEACH March 4. 1971 MINUTES INDEX do not use their garages for the parking of cars and inquired whether this could be policed. Mr. Frank Spangler stated that if adopted, this ordinance would increase requests for 3 story buildings. Mr. Jeff Millet of Fullerton, who owns lots on Seashore Drive stated this ordinance would deprive him of the use of his property. Mr. Joseph Casala of 812 West Ocean Front spoke in opposition stating that the lots in the area where he lives are too small and should be exempted from this ordinance, which would cut the value of his property. The discussion was continued until March 18, 1971 at 8:00 P.M. in the City Council Chambers, at which time it will be before the Commission as a public hearing. Item 2. USE Request to permit a marine fueling facility to in- clude a fuel dock and service slips. EMIT tl Location: Lot 1, Block G, and tidelands adjacent to Lots 2 and 3, Block G, Balboa Bay DENIED Tract, located at 705 East. Edgewater, on the north side of East Bay Avenue between Washington Street and Main Street. Zone: C -1 Applicant: Seafarers Safety & Service Club, Inc. Newport Beach Owners: W. L. Horton, D.M. Horton and R. A. Nielsen, Newport Beach Zoning Administrator Hewicker presented the applica tion to the Commission and noted that there had been considerable discussion at the last meeting regarding the safety of a fueling facility in this location; therefore the staff had contacted the Fire Department and a letter dated March 2, 1971 from the Fire Marshall, approved by the Fire Chief, recommending denial was read into the record. Fire Marshall Noller was present at the meeting and Page 3. COMMISSIONERS F � 0 I� CALL CITY OF NEWPORT BEACH March.4. 1471 MINUTES INDEX answered questions of the Commission regarding the hazards presented by facilities of this type. Upon being questioned as to the number of marine fueling facilities now existing in the area, Marshall Noller stated that there are two on Balboa Island and two on Balboa Peninsula, all being fueled by tank trucks, and they do present a hazard. Marshall Noller stated further that the hazard would not be reduced if these facilitie were fueled by a tanker from the bay. He suggeste that a master plan be developed establishing areas where these facilities can be established with a minimum hazard. Mr..Reggie Doll, President of the Seafarers Safety and Service Club addressed the Commission and read a prepared statement in support of the application Mr. Don Rumble, President of Harbor Fire Protectio was present and explained that he had been invited by Mr. Doll to.show the Commission the type of advanced automatic fire protection equipment that • is proposed to be used on this facility. He pre- sented a brief film showing an underwriter labora- tory test covering two fires. Following the film, Mr. Doll presented four slides showing the streets approaching the proposed facil ity as well as the area over which the tanker true would be backing to make deliveries. Mr. Doll stressed that deliveries would be made in the very early hours of the morning when there would be only one or two cars parked on the lot. Following the presentation, the Commission ques- tioned Mr. Doll and Mr. Humble as to the amount of powder used to extinguish the fires in the demon- stration and were informed that it was 700 pounds. Mr. Humble went on to explain that the system for the fueling dock is proposed to be manually operat d and upon actuation, will deliver 350 pounds of powder to the fire area. It was noted that the system proposed for the unloading facility will be fully automatic, with means of actuating it manually and will have four cylinders with.a total capacity of 700 pounds of powder. Upon being questioned as to what would happen • should fire occur when the tanker is on the street the reply was that the protective system would be set up over the tanks, not on the street, however there were safety factors on the. truck which would go into effect in that event. Page 4. COMMISSIONERS CITY OF NEWPORT BEACH o� 0 �N L CALL � °N � o 3 �N °o -o s s March 4, 1971 MINUTES INDEX Fire Marshall Noller'commented at this point that the only fire fighting equipment on trucks is a portable fire extinguisher. It was noted that the do have a safety shut -off in the tank itself, but this does not prevent spills. There is no auto- matic extinguisher in any tank truck. The Commission questioned the capacity of the delivery trucks and were informed that the truck holds 8,000 gallons and the trailer another 8,000 gallons. Mr. Doll stated that there'are. four 10,000 gallon fuel tanks on the site proposed for this use. Mr. Warner, the neighbor immediately adjacent spok in opposition. Commissioner Brown asked, for the sake of the reco d, that Assistant Community Development Director Wils n recall the staff recommendation at the last meetin and indicate whether or not there has been a chang in the staff recommendation at this time.;; Mr. Wil on . stated that the staff report at the previous heari g was negative and at this point, staff did not find any basis for a change in recommendation. Commissioner Brown stated further that he. had cautioned the applicant at the last rneetih* that the action of the Commission to continue the matte for more information regarding fire and;`fire.hazar , should not be considered a commitment of approval of the application on the basis of fire conditions He stated that he had other reservations with respect to this application, however, the fact that he does not like to second guess the Tire Marshall, would lead to a motion of denial. Dr,. Brown explained that he was deeply disturbed by the fact that there are equally hazardous 'Condi- tions that exist across the channel at Balboa Island and that action must be taken to make those situations safer than they are. He stated that existing hazards cannot be a basis for approving additional hazards. He also feels the.City.h.a.s.. an obligation to protect the citizens, with the situations as they exist across the channel and hopes that prompt and serious action can be taken. Motion x Commissioner Brown moved that Use Permit Applica- x tion No. 1512 be denied. Wcond es xxxx x Absent x Commissioner'Martin made the following statement: "Mr. Chairman, I may be out of order'to introduce another motion at this time but I feel that some report of this action should be forwarded to the Page 5. COMMISSIONERS CITY OF NEWPORT BEACH O &L CALL °,�N > March 4,1971 MINUTES INDEX City Council -- testimony given this evening by. a representative of the Fire Department was of pri- mary consideration for denying an application for a dock fueling.facility. His testimony indicated that substantially similar conditions.occur at the Shell, Union and Standard stations. Based on this information, it is recommended that the City Council initiate action to abate these fueling facilities ". Commissioner Brown seconded the motion stating that he wanted discussion on the matter. A discussion ensued regarding the other fueling facilities and Dr. Brown questioned whether refer- ring this matter to the City Council was the besj way to handle the problem. The Assistant City Attorne was asked to comment. Assistant City Attorney O'Neil indicated the proper procedure would be for the Fire Marshall or a repre- sentative from the Fire Department to meet with the City Attorney's office and review the ordinances and fuel dock situations as they exist with the vie • in mind to enforce the ordinances.or, if necessary, suggest additional regulations to' alleviate any problems. However, he indicated that Mr. Martin's suggestion, per the motion, might be well taken in that if, in fact, this matter is appealed, the Council will have some direction and some advice as to how the Commission came to its conclusion. A further discussion ensued among the Commissioners regarding fueling facilities on the bay; it was fel that these facilities are needed but their location was a major problem. Commissioner Martin was asked if he wished to have his motion stand as stated previously and he.replied that he would change it as follows: Motion x "Testimony given this evening by a. representative Second x of the Fire Department was the primary considera -. Ayes x x x x x x tion in denying the use permit for dock: fueling Absent x facilities in the Balboa commercial district. This testimony indicated that substantially similar con- ditions occur at the Shell, Union and.Standard° facilities and, based upon this information, it is recommended that the City Council initiate action t correct such hazardous conditions and, in the event that these conditions cannot be corrected, to abate • the use of these facilities ". Before going on to the next item, Co�missi.oner Glass asked that the staff make a study of the Page 6. COMMISSIONERS CITY OF NEWPORT BEACH y O C iy's - N L CALL " '^ • �tion cond All Ayes MINUTES March n 1071 INDEX harbor area and pin point the location of fuel docks and regular service'stations within a reasonable distance from the water to determine if there are any opportunities for combining land side fuel storage with marine fuel docks. Assistant Community Development Director Wilson stated that the work program includes a shoreline and water use study of the entire lower and upper Newport Bay. Mr. Wilson also noted that there had been no discussion on the subject of parking arrangements on the subject site and that this was a subject that had been discussed quite a bit at the previous meeting. It was noted that the staff has attempted to make specific recommendations which the applicant has not been able to follow through on that would make the parking space arrangements comply with the parking resolution in the Municipal Code.. Item 3. Request to amend a. portion of Districting Map No. AMEND - 11 from a C -1 District to a C -O -H District. MENT 14177-777 Location: Lots 1 through 7, Block B, Bayside Tract, bounded by Palm Street, Bay CONT'D. Avenue; Washington Street and Newport UffTTC` Bay (The Fun Zone). TWE 3 Zone: C -1 Applicant: Howard S. Wright Construction Co. Anaheim Owner: Santa Ana Valley Irrigation Co., Orange Zoning Administrator Hewicker advised the Commis- sion that on February 22, 1971 the City Council had adopted an emergency ordinance limiting the height of buildings in the Civic District to 35 feet for a period of 90 days. Mr. Hewicker read into the record a letter from the applicant dated March 1, 1971 stating that in view of this action, they were requesting a continuance of their application. x The application was continued until June 3, 1971. x Page 7. COMMISSIONERS O u O CALL eion Second Ayes Abstain CITY OF NEWPORT BEACH MINUTES March 4, 1971 INDEX Commissioner Adkinson stepped down during discus- sion of the following item inasmuch as he represents the applicant. Item 4. Request to permit a reduction in the numper of re- VARIANCE quired off - street parking spaces from thirteen to .5 four, and a seven and one -half foot second story encroachment into the required 10 foot rear yard TO BE'' (alley) setback. REWRITTEN AS .A : Location: Lot 15, Block 14, Balboa Island, loca USE PER- ted at 332 Marine Avenue on the east MIT side of Marine Avenue between Balboa Avenue and North Bay Front. Zone: C -1 Applicant: Land Evolution Inc., Santa Ana Owner: Same as applicant Zoning Administrator Hewicker presented the appli- cation to the Commission and described a revised plan submitted by the applicant which would reduce the off - street parking deficiency to eight.. - Mr. Hewicker further explained that the applicant had submitted an alternate plan which would provide two residential units above the first floor commer- cial area. However, since residential uses in a commercial zone require a use permit, the alternat plan was not considered at this time. Mr. Jerry Barto, one of the owners of Lane} Evolution, was present and spoke in favor of a total commercial use restricted to four tenants. However, he`:Tndic - ted that he would be willing to consider plans: which combined residential and commercial uses: Mr. Arthur'Kramer of 1403 No. Bayfront stated he believed the problem on Balboa Island was created by the granting of use permits and variances such as.this. and that this practice should be discon- tinued. After a discussion regarding the merits of both x plans, it was moved that this application,be're- x written as.a Use Permit.for two residential units x x x x above the first floor commercial use; with no "addi- x tional fee. Page 8. COMMISSIONERS CITY OF NEWPORT BEACH y f � � N L CALL " > • Motion Second Ayes Noes • MINUTES March 4. 1971 INDEX After the vote on the above motion Commissioner. Dosh stated he would like the following commept to appear in the minutes: ''We appreciate "Mr. Kramer's attitude; he has been a good citizen and comes forward after giving a lot of thought to our prob- lems ". Commissioner Adkinson returned to the dais.". Item 5. Request to permit a duplex to be built on a lot having 1875 sq.ft. of land area where the ordinanc requires 2400 sq.ft. Further request to permit a two and one -half foot second story encroachment VARIANCE 9 _. APPROVED into'the required rear yard (a.11ey) setback. Location: Lot 10, Block 119, 1st Addition to Newport Beach, located at 1918 Court Avenue, on the north side of Court Avenue between 19th Street and 20th Street. Zone: R -3 Applicant: Russell H. Olsen, Sr., San Bernardino Owner: Same as applicant. Zoning Administrator Hewicker explained that the variance granted this.property.on August 1, 1968 had.expired,`therefore a new application was peces sary: Mr. Bob Seiling of 504 - 35th Street represented the applicant and answered. questions of the Commis- sion. x x xx x x x After a discussion, the application Was approved subject;to the condition that the existing curb: break and drive approach be removed and the side - walk replaced as approved by the City Engineer> Item 6. Request to permit "a triplex to be built on a lot having 3222 sq.ft. of land area where the ordinanc VARIANCE ='A NO. 977 requires 3600 sq.ft. Further request to permit a carport to encroach into both side yards. APPROVED Location: Lot 18, Block 9,.Tract 234, located at 929 West Balboa Boulevard, on.the Page 9. COMMISSIONERS CITY OF NEWPORT BEACH u � N N N N£ N L CALL � A ° ° ° Motion Second Ayes Abstain • • Motion Second Ayes Noes Abstain MINUTES March 4, 1971 INDEX south side of West Balboa Boulevard between 9th Street and 10th Street. Zone: R -3 Applicant: W. E. Luff, La Habra Owner: Same as applicant Zoning Administrator Hewicker explained that a vari- ance granted on April 15, 1969 expired and that the new application complied with the previous approval. Mr. W. E. Luff, the applicant, was present and stated that he was not aware of the time limitation on variance applications. x After a discussion, the application was approved in x accordance with the plans as submitted and subject x x x x to the same conditions imposed on the original v.ari- x ante. Item 7. Request to permit the construction of a two story USE single - family residence in` addition to an existing PST commercial building on the same login a C -1 -Z 071515 District. Further request a zero setback on ohe property line. APPROVED Location: Lot 2, Block 10, Balboa.Tract, located at 703 East Balboa Boulevard, on the south side of East Balboa Boulevard between Washington Avenue and Main Street. Zone: C -1 -Z Applicant: Mr. & Mrs. Marshall Fields, Balboa Owner: Same as applicant. Zoning Administrator Hewicker presented the applica- tion to the Commission. Mr..Stanley Ahlman of 123 Edgewater, Balboa, repre- sented the applicant and stated they would comply with the staff recommendations: x After discussion, the application was approved x subject to the condition that the carport shall x x x x have a minimum depth of eighteen feet. x x Page 10. COMMISSIONERS CITY OF NEWPORT BEACH =O�lkop L CAL 9otion Second All Ayes • MINUTES March 4, 1971 INDEX Request to permit the construction of a duplex in a C -1 -H District. Location: Cot 8, Block 5, Seashore Colony Tract Item 8. USE FUMIT 150TI 5T6 located at 211 Walnut Street, on.the APPROVE southwest corner of Newport Shores Drive and Walnut Street. Zone: C -1 -H Applicant: Property Acquisition Co. (Roy J. Ward , Newport Beach Owner: Swanson A. Ritter, Carlsbad Zoning Administrator Hewicker presented the applic - tion to the Commission. Mr. Roy J. Ward was present and answered questions of the Commission. X, After a discussion regarding the plans, the applic - x tion was approved subject to the following condi- tions: 1. That four on-site parking spaces shlll:be provided, two of which may be tandem; however, the decision as to whether the parking should be tandem or a,curb cut; allowed on Newport Shores Drive shall ee left to the decision of the Assistant.: Community Development Director in accord -. ante with recommendations of the Public Works Department. 2.. That a sidewalk shall be installed on -.. Newport Shores Drive in accordance with the specifications of the Assistant Com- munity Development Director, who;may waive this requirement if he deems it unnecessary. Commissioners Adkinson.and Watson stepped down during discussion of the following item.in order to avoid a conflict of interest and the hearing_ was conducted by Second Vice Chairman Dosh.. Page 11. COMMISSIONERS CITY OF NEWPORT BEACH v [iO 30 N S N N N CALL m °�5 °�� a i Motion Second Ayes Abstain • MINUTES March 4, 1971 INDEX T Item 9. Request to permit the expansion of the existing USE Newp.ort.Harbor Yacht Club parking lot into the PERMIT adjacent R -3 District. t�17 Location: Lots 20, 21 and 22, Block 5, East APPROVED Newport Tract, located at 714, 716 and 718 West Balboa Boulevard on the north ' side of West Balboa Boulevard between 8th Street and 7th Street. Zone: R -3 Applicant: Newport Harbor.Yacht Club, Balboa. Owner: Same as applicant. Zoning Administrator Hewicker presented the appli- cation to the Commission. Mr. Roy Collins.represented the Newport Harbor Yacht Club and explained that this would be a temporary parking lot as they hope to build a multi level parking structure in the near future. x After a discussion,.the application was approved x subject to the condition that a boundary wall,.as. x x xx defined in Section 20.08.200 of the Newport Beach x x Municipal Code, be constructed on the easterly. property line. Commissioners Adkinson and Watson returned to the dais and the First Vice Chairman took charge of the meeting. Item 10. Request to permit subdivision of 200 acres into TENTA- four industrial lots and seventeen commercial lots TIVE 07 -TRAC' Location: Portion of Block 50, Irvine's Subdivi- sion and Lots 1 -8 and 19 -34, inclusive) of Tract 706, located north of Palis- .APPROVED ades Road between Birch Street and Mac Arthur Boulevard. Zone: P -C Applicant: Emkay Development Company, South Gate Engineers: Raub, Bein, Frost & Asso., Costa Mesa Owner: Same as applicant. Page 12. T COMMISSIONERS CITY OF NEWPORT BEACH Fp 5� '�'£ ° �' `� &L CALL ° � March 4, 1971 MINUTES INDEX Zoning Administrator Hewicker presented the appli- cation to the Commission and explained that the tentative map, as submitted, conforms to the exhibits approved in conjunction with Amendment. No. 273 which established the Planned Community zoning on this property. Mr. Robert Bein represented the subdivider and answered questions of the Commission: Motion x After discussion, the Tentative.Map of Tract 7382 Second x was recommended to'the City Council for approval, All Ayes subject to the following conditions: 1. That all improvements be constructed as required by ordinance and the Public Works Department._ 2. That the boundary of the final tract map be checked by the County.Surveyor, before being submitted to the City for approval. • 3. That Section 19 °.16.030 of the Subdivision Ordinance regarding map scale be waived provided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department immediately after approval of the final map. 4. That all grading be done 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 ordinance. Reproducible copies of the grading plans on standard size sheets shall be furnished to the Public Works Department.. 5. That public utility easements be a minimum of 10 feet wide, with wider easements pro - vided where required by the Public.Works Department. • 6. That all vehicular access rights to MacArthur Boulevard, except at street intersections, be dedicated to the City of Newport Beach. Page 13. COMMISSIONERS CITY OF NEWPORT BEACH U 9 N NO N N £ N N L CALL ° 3 > March 4, 1971 MINUTES INDEX 7. That all vehicular access rights to both sides of Jamboree Road, except at street intersections,.be dedicated to the City, of Newport Beach. 8. That the remaining public improvements on the westerly side of Jamboree Road be completed. In the freeway right-of-way area the improvements need be completed by the'developer.only'if traffic conditions warrant their completion prior.to freeway construction, in the judgment of the City Traffic Engineer. 9. That all street design be subject to review by the Traffic Engineer and modifications provided as required. 10. That the types and locations of street trees be provided to the specifications of the Parks, Beaches and Recreation Director and that the standard inspection . fee be paid. 11. The right -of -way width for Crommelin Lane shall be 68' with 48' curb separation. 12. That.the storm drainage system in Dove Street be extended across Birch Street and storm water be picked up by curb inlets at the northwesterly side of the intersection. Birch Street shall be re constructed to eliminate the cross- gutter. 13. That all recommendations, requirements and conditions of approval for Zoning Amendment No. 273 be,considered binding on the tentative map for Tract No. 7382. 14. Street names shall be submitted to and approved by the Department of Community Development with the final map. Resolution No. 727 which proposes to amend Section 20:02.136, 20.20.030, 20.22.030, 20.24.030, 20..26.'40, 20.30.040 and 20.32.040 of the Newport Beach Muni- tion x cipal Code pertaining to "Drive- inJacilities" was econd x adopted and set.for public hearing'.on'April 1, 1971 All Ayes. at 8:00 P.M., in the City Council'Gha.mbers. Page 14. COMMISSIONERS CITY OF NEWPORT BEACH O fi N •+ 'S y 'S s &L CALL o 1 o March 4, 1971 MINUTES INDEX Resolution No. 728 which proposes to amend Section 20.08.191 of the Newport Beach Municipal Code per- taining to buildings changed to a use requiring a Motion x greater number of.parking spaces was adopted and Second x set for public hearing on April 1, 1971 at 8:00 P.M. All Ayes in the City Council Chambers. Resolution No. 729 which proposes to amend Section 20.02.20, 20.10.020(C), 20.12.020(C), 20.13.020(C) 20.16.040 and 20.18.040 pertaining to "Home Occupa Motion x tions" was adopted and set for public.hearing on Second x April 1, 1971 at 8:00 P.M. in the City CQ4hc l All Ayes Chambers. Resolution No. 730 which proposes to amend Section 20.08.030 of the Newport Beach Municipal Code per- taining to dance halls, establishments with liquor Motion x etc., was adopted and set for public hearing on Second x April 1, 1971 at 8:00 P.M. in the City.Council Ayes x x NX x Chambers. 61, es x On motion of Commissioner Adkinson, seconded by Commissioner Brown, and carried, the meeting was adjourned. Don R. Adkinson, Secretary Newport Beach City Planning Commission Page 15.