HomeMy WebLinkAbout03/05/1970CITY OF NEWPORT BEACH
Minutes of: Adjourned Meeting of Planning Commission
Date: March 5, 1970
Time: 8:00 P.M.
Place: Council Chambers
COMMISSIONERS
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ROLL CALL
Commissioners Present:
}EMBERS
Present: Laurence Wilson, Planning Director
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EX- OFFICIO
Dennis O'Neil, Asst. City Attorney
STAFF MEMBERS
Present: James E. Nuzum, Associate Planner
Rodney L. Gunn, Assistant Planner
William R. Foley, Zoning Inspector
Kay Kamm
* * * * * * * * * * * * * * * * * **
MINUTES
On motion of Commissioner Brown, seconded by
Commissioner Dosh, and carried, the minutes
of February 19, 1970, were approved.
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Chairman Jakosky made announcements on the
following items:
1. Variances and use permits become effective
fifteen days after action by Planning Com-
mission. Appeals on action may be made in
writing.to the City Clerk's office within
fifteen days after meeting.
2. The Planning Commission will make a.definit
effort to end the Commission meetings by
11 :30 P.M. Any application which has not
been heard by 11:00 will be continued until
the following meeting and every effort will
be made to place continued items at the be-
ginning of the agenda. The last Commission
meeting ran until 2:00 A.M., and it follows
that discussions at that time of the morning
are not completely fair to the applicants
or to the City.
Item 1.
TEAIATIVE
Request to permit subdivision of 2"" acres
RAT
M RAC
into 62 residential lots; and Lot "A" reserved
A
for waterway purposes, Lot "B" reserved for
N 3867
planted area, Lot "C" reserved for common water
APPROVED
way access area; Lot "D" reserved for parking
Page 1.
CITY OF NEWPORT BEACH
• March 5 1970
COMMISSIONERS
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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 Pacifi
Coast Highway and Bayside Drive,
west of Jamboree Road (Promontory
Bay).
Zone: Unclassified, C -N -H and R -3
Applicant: The Irvine Company, Newport Beach
Owner: Same as applicant.
Planning Director Wilson presented the applica-
tion,to the Commission, with Associate Planner
Nuzum pointing out the location of the various
items.on the wall map. Mention was made of the
fact that at the Planning Commission meeting of
February 19, 1970, Master Plan Amendment 25 and
Use Permit 1466, both pertaining to this same
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location, were heard and approved by the Plan -
ning Commission.
Mr. Jack Raub and Mr. Bob Bein of Raub, Bein,
Frost & Assoc. were present; also Mr. Dave Kayl
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and Mr. Jim Taylor of the Irvine Company. Chai
-
man Jakosky expressed concern regarding the wid
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of the entrance channel into Promontory Bay, an_
this was discussed. Also discussed were the
progress of- other agencies involved (such as.
the Corps of Engineers and Harbor Department),
the status of the frontage road, the matter of
grading.of the cliff and the entrance roads to
the mesa. The Irvine representatives expressed
disagreement with Conditions 5 and 19 of the
Staff report which were then reviewed.
Commissioner Watson moved that Tentative Map Tr
ct
No. 3867 be approved subject to Staff condition
as follow:
1. That final approval be subject to the
approval of Use Permit 1466 and the
conditions thereto.
2. That final approval of the subdivision
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be subject to approval of an appropriate
revision to the Master Plan of Streets
and Highways. (Public hearings required
)
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CITY OF NEWPORT BEACH
• March 5, 1970
COMMISSIONERS
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3. That final approval of the subdivision
be subject to the abandonment of certain
existing public rights -of -way as contem-
plated and to satisfactory arrangements
being made for dedication and improvemen
of the new rights -of -way required. (Pub
is
hearing required.)
4. That final approval of the subdivision b
subject to satisfactory arrangements be-
ing made to relocate existing facilities
of-the Orange County Sanitation District
and of other affected utilities.
5. That Section 19.20.050 of the Municipal
Code requiring a service road not be
waived, and that the cross section for
realigned Bayside Drive shall be in acco
d-
ance with Alternate "C" of the attached
drawings.
6. That access to Lots 27 through 34, 42
through 44 (and unless a frontage road
is provided - all parcels along realigne
Bayside Drive),, be provided by means of
drives located on common lot lines, each
drive serving two parcels; and that ade-
quate turnaround areas be provided so
that vehicles need not back into the str
et.
Cross easements or non - barrier agreement
satisfactory to the City Attorney shall
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provided so as to guarantee perpetuation
of the access arrangement.
7. That unless a frontage road is provided,
the right -of -way width of realigned Bay-
side Drive be at least 86' and the curb -
to -curb width be at least 70'. This cro
s
section will provide for 4 travel lanes,
2 eight foot wide parkways, a 12' wide
median left turning lane and an 8' wide
parking lane on the southerly side.
(Alternate "B" on the attached drawings.
8. That the new cul -de -sac be located entir
ly
on the developer's land.
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9. That the design of the new intersections
of realigned Bayside Drive with existing
Bayside Drive be subject to review and
approval by the City.
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CITY OF NEWPORT BEACH
a March 5. 1970
COMMISSIONERS
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10. That all improvements be constructed as
required.by ordinance and the Public
Works Department.
11. That the boundary of the final tract may
be checked by the County Surveyor before
being submitted to the City for approval
12. That all grading be in accordance with
grading plans and reports approved by th
Public Works Director and a qualified
Soils Engineer. Upon completion of the
grading, the Civil Engineer and the Soil
Engineer shall certify that the grading
has been completed in accordance with th
plans, the soils report and the grading
ordinance. Reproducible copies of the
plans on standard size sheets shall be
furnished to the Public Works Department
13. That the connecting street southeasterly
of Lot "B" be 52' in width between exterior
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curbs in order to provide for a 20' enter-
ing roadway, an 8' median and a 24' exit
ing roadway.
14. That all driveways be a minimum of 20' i
length from the property line to ensure
no parking will be in the public right -o
-way.
15. The portion of Lot "E" not included in tie
public right -of -way, resulting from the
closing of Bayside Drive, be dedicated t
the City,.and the existing right -of -way
of Bayside Drive west of the proposed
waterway be retained under public contro
.
16. A length of tangent be provided between
the
two reversing curves at the east end of I
he
development adjacent to the existing Bay
ide
Shopping Center.
17. Parkway trees be installed on all public
rights -of -way in accordance with Parks,
Beaches and Recreation Department specif
-
cations.
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18. Appropriate landscaping be installed on
all slopes and vacant spaces resulting
from this development.
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CITY OF NEWPORT BEACH
• March 5, 1970
COMMISSIONERS
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19. A setback plan allowing for a variation
of front.and rear setback lines be submi
-
.ted to the Planning Director for approval.
20. That there be no City financial obligations
connected with construction of realigned
Bayside Drive.
21. That realigned Bayside Drive be construc
ed
to its full width in connection with the
development of Tract 3867.
Motion
x
Second
x
Aye
x
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xx
x
x
Nay
x
Items 2,3,
& 5.
VARIANCE
Requests to permit three dwelling units on lots
NO. 983
having 3540 sq.ft. where the districting regu-
NO. 984
lations require 3600 sq.ft. and to allow on
NO. 985
each lot one open parking space eight feet wide.
N0. 986
where the regulations require a covered space
nine feet wide.
A PAWVED
Location: Lots 26, 28, 30 and 32, Block 239,
Corona del Mar Tract, located at
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 Bea
:h
Owner: Same as applicant.
This application was presented by Planning Dire
for
Wilson, and new drawings received from the ap-
plicant were distributed to the Commissioners.
Mr. John D. Mitchell, Jr., applicant, and his
attorney, Mr. George Roberts, were present.
Mr. Roberts explained the changes in the new
plans and requested deletion of the portion of
the former application concerning parking. The
parking situation will be covered in a cross -
easement agreement Which would not require Plan-
ning Commission action.
Motion .was made to approve a.request to permit
Motion
x
three dwelling units on lots having 3540 sq.ft.
Second
x
where the districting regulations require
Aye
3600 sq.ft:
Nay
x
Page 5.
CITY OF NEWPORT BEACH
a March 5, 1970
COMMISSIONERS
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After the Planning Commission voted, Mr. Wilson
asked that it be made a part of the record that
although he agrees with the Commission's decisi
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on allowing a.total of twelve dwelling units on
the total of four lots, he feels-that this is a
very unfortunate proposal for the development of
this property and does not by any means take
advantage of the opportunity for a really good
development to go here. If buildings are con-
structed in this way, it is something that the
developer, the neighborhood and the entire City
will regret. Every consideration should be
given to the alternative possibility of develop-
ing the parcel as a single, coordinated 12 unit
apartment project.
Commissioner Adkinson also commented on the bad
parking situation being created.
Item 6.
MOILIFICATIM
Request to permit a fence 8'2" in height
to remain in place.
IIATIO4
NO. 145
Location: Portion of Lot 4, Block 1,
CONTINUED.
Tract 27, located at 455 Catalina
UNTIL
Avenue, west side of Catalina
MARCH 19,
Avenue between Broad Street and
Clay Street.
1970
Zone: R--1
Applicant: Marvin. Oberndorfer, Newport Beac
Owner: S.ame.as applicant.
The Planning Director read this application and
passed to the Commissioners snapshots showing
the fence in question. He also discussed the
situation regarding an easement and a vacated
street-right-of-way as they affect the property.
Mr. and Mrs. Marvin Oberndorfer were present in
the audience and came f "orward to answer questio
s.
Chairman Jakosky was interested in why, after
approximately twelve years, the fence is causin
concern. Mr. Oberndorfer replied because of a
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neighbor's denial of a fence of the same height.
He then showed slides of the different views of
the fence.
Page 6.
CITY OF NEWPORT BEACH
• March 5, 1970
COMMISSIONERS
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Commissioner Dosh asked the Assistant City
Attorney for a legal opinion as to whether or n
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a nonconformity could be continued until such
time as vacant property to the northwest is
developed. Mr. O'Neil suggested the matter be
Motion .
x
held over until the next Planning Commission
Second
x
meeting so that he could do research on the
Aye
x
x
x
x
x
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legality of such a situation.
Nay
x
Item 7.
USE PERMIT
Request to permit new and used yacht sales and
N . 469
storage, including equipment and related items;
yacht brokerage and chartering; and operation
APPROVED
of a sailing school.
Location: Portion of Lot A, Tract 919,
located at 2300 West Coast Highway,
on the north side of West Coast
Highway easterly of Tustin Avenue.
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Zone: C -1 -H
Applicant: Bristol Yachts of Southern Calif.,
Inc., Newport Beach
Owner, R. H. Brown and M. B. Wells,
Burlingame
Planning Director Wilson presented this applica
tion, and Mr. Robert Woodward came forward to
represent Bristol Yachts of Southern Calif., In...
Chairman Jakosky asked if the applicant had any
objections to the conditions recommended by the
Staff. Mr. Woodward said he objected to Item 4
regarding landscaping and traffic circulation.
He felt the landscaping presented no problem
but he was concerned with the circulation
pattern. Mr. Wilson stated that he would be
available to meet with the applicant to discuss
the parking and circulation questions. He also
stated that.the applicant has been operating
without a use permit. Commissioner Dosh asked
about rest room facilities.
Motion was made to approve this use permit
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subject to the following Staff recommendations
being met within a period of 60 days.
Page 7.
CITY OF NEWPORT BEACH
. March 5, 1970
COMMISSIONERS
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1. At least 5 parking spaces shall be
provided on site. Said spaces to be
marked and provided with wheel stops
and located as shown on the plot plan
as submitted.
2. Access to the required parking spaces
shall be by a driveway at least 15'
in width.
3. All signing shall be subject to approval
by the Planning Director.
4. A revised plot plan showing proposed
landscaping and a complete circulation
pattern shall be submitted to the Plan-
Motion
x
ning Director and subject to his
Second
x
approval.
Ayes
x
x
x
x
x
x
x
Item 8.
US,L,PE-RMIT
Request to permit a sidewalk cafe in conjunctio
with an existing restaurant.
N 470-0
APPROVED
Location: Lots 1 and 2, Block J, Tract 323,
located at 3201 East Coast Highway
on the south side of East Coast
Highway between Larkspur Avenue
and Marguerite Avenue, Corona del
Mar.
Zone: C -1
Applicant: Rayal Restaurants, Inc. ( Alejandro's),
Corona del Mar
Owner: Eugene Boero, Newport Beach
Mr. Ray Oliphant, owner of Alejandro's restaura
t
came forward to answer questions of the Commis-
Motion
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sion and assure them of adequate parking for
Second
x
the additional seating in the sidewalk.cafe.
Ayes.
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x
x
x
x
x
Abstain
x
The time was now 11:15 P.M. so Chairman Jakosky
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addressed Applicant William Holstein regarding
his earlier announcement about continuing over
to the next Commission meeting any items not
heard by .11:00 P.M. Mr. Holstein stated that a
continuance would be quite costly and inconveni
nt
to him: The meeting proceeded.
Page 8.
CITY OF NEWPORT BEACH
• March 5, 1970
COMMISSIONERS
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Item 9.
FINAL MAP
Request for approval of tract map showing 15.50
acres divided into 71 residential lots.
Location: Portion of Blocks 92 and 93 of
TRACT 7029
APPROVED
Irvine's Subdivision, located east-
erly of MacArthur Boulevard at the
southern extension of Newport Hill
Drive West.
Zone: "P -C"
Applicant: Donald L. Bren Company, Sherman Oa
<s
Owner: The Irvine Company, Newport Beach
Mr. Harry Merrill was present as the representa-
tive of the Donald Bren Company. Also present
was Mr. Robert Bein, engineer. After discussia
,
Final Map Tract 7029 was approved in accordance
.
with the following Staff recommendations:
1. Completion of remaining applicable
conditions of approval as established
for Tentative Map of Tract 6938.
2. Dedication and improvement of the full
width of Newport Hills Drive West ad-
jacent to Tract 7029 on the west.
3. Design and development of the proposed
park adjacent to Tract 7029 on the east
in such a way as to be acceptable as a
Motion
x
part of the City of Newport.Beach park
Second
x
system.
Ayes
x
x
x
x
x
x
x
Mr. Bein asked that the Planning Commission
continue with the agenda as scheduled inasmuch
as the ruling concerning the 11:30 adjournment
was something new and the applicants had not
expected such.
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CITY OF NEWPORT BEACH
0 March 5. 1970
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Item 10.
USE PERMIT
Request to permit the development of a manage=
N0. 1422 -I
ment and maintenance area within Tentative
Tract No. 6885, Unit T -III.
APPROVED
Location: Portion of Block 52, Irvine's Sub-
division, located on the northerly
side of Vista del Oro westerly of
the
Eastbluff Shopping Center.
Zone: C -N -H
Applicant: I.D.H., a Joint Venture (Holstein
o.),
Costa Mesa
Owner: The Irvine Company, Newport Beach
Mr. William Holstein of George M. Holstein &
Sons, and Mr. Robert Bein, engineer, were press
t
on this application. After discussion, Use Per-
mit No. 1422 -I was approved in accordance with
Staff recommendations as follow:
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1. A revised tentative map for Tract 6885
showing Lots A and B be submitted prior
to approval of the final map.
2. A joint easement guaranteeing access
to Lots A and B be approved by the
City Attorney.
3. The structural design of the management
and maintenance buildings be such that
they could be partitioned into three
separate areas if the need should arise.
4. The rest room and storage facilities in
the five Ramadas be provided as per the
plans received by the Planning Department.
5. Additional information should be provide
concerning the proposed wall surrounding
the truck yard and the storage area for
compost, topsoil, etc., and means for
controlling possible dust and odor.
6. Consideration should be given to showing
Motion
x
specific areas for possible expansion of
Second
x
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buildings if the need should occur.
Ayes
x
x
x
x
x
x
Page 10.
CITY OF NEWPORT BEACH
• March 5. 1970
COMMISSIONERS
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Item 11.
USE PERMIT
Request to permit a Planned Residential Develop
NO. 1422 -H
ment of 22 residential lots and one green area
lot.
APPROVED
Location: Portion of..Block 52, Irvine's Sub-
division, located at the southwest
corner of Vista del Oro and Vista
del Bolsa.
Zone: R -1, R- 4- B -2 -UL and R -3 -B
_Applicant: I.D.H., a Joint Venture (Holstein
o.),
Costa Mesa
Owner: The Irvine Company, Newport Beach
Mr. William Holstein of George M. Holstein &
Sons, and Mr. Robert Bein, engineer, were prese
t
on this application. After discussion, Use Per
Motion
x
mit No. 1422 -H was approved in accordance with
Second
x
Staff recommendations listed under Item 12,
Ayes
x
x
x
x
x
x
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Tentative Map Tract No. 7083, which follows.
Abstain
x
Commissioner Brown abstained because the recom-
mended conditions of approval were those
specified for the Tentative Map of Tract 7083,
and these conditions had not yet been discussed
inasmuch as they appeared under the following
agenda item. Planning Director Wilson stated
that in the future the tentative map would be
listed first on the agenda.
Item 12.
TENTATIVE
Request to permit a subdivision of 3.9 acres
into 22 residential.lots and one green area lot
MAP
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Location: Portion of Block 52, Irvine's Sub -
APPROVED
division, located at the southwest
corner of Vista del Oro and Vista
del Bolsa.
Zone: R -1, R- 4- B -2 -UL and R -3 -13
Applicant: I.D.H., a Joint Venture (Holstein
o.),
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Costa Mesa
Owner: The Irvine Company, Newport Beach
Page 11.
CITY OF NEWPORT BEACH
• Marrh 5. 1Q7n
COMMISSIONERS
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Mr. William Holstein of George M. Holstein &
Sons and Mr. Robert Bein of .Raub, Bein, Frost &
Assoc., were present on this application.
Commissioner Brown asked Mr. Holstein about his
feelings concerning the Staff conditions, and
Mr. Holstein answered that he had no objections
After discussion, Tentative Map Tract No. 7083
was approved in accordance with the following
Staff recommendations:
1. That all improvements be constructed
as required by ordinance and the Public
Works Department.
2. That Section 19.20.110 of the Subdivisio
Ordinance requiring that lots abut on a
street be waived in accordance with the
provisions of Section 19.32.030 provided
adequate access is furnished.
3. That Section 19.20.110 of the Subdivisio
Ordinance regarding size and shape of
lots be waived in accordance with the
provisions of Section.19.32.030.
4. That all grading be in accordance with
grading plans and reports. approved by
the Public Works Director and a qualifie
Soils Engineer. Upon completion of the
grading, the Civil Engineer and the Soil
Engineer shall certify that the grading
has been completed according to the plan
and the requirements of the grading or-
dinance. Reproducible copies of the
grading plans-on standard sheets shall
be furnished to the Public Works Departm
nt.
5. That the design of the proposed private
streets be approved by the Public Works
Department.
6, That construction of the proposed privat
streets be inspected by the Public Works
Department and that a standard inspectio
fee be paid.
7. That the offer of dedication of Vista de
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Bolsa be rejected, and that a separate
bond and agreement be provided guarantee
ing construction of one -half the width o
Vista del Bolsa at the appropriate time.
Page 12.
CITY OF NEWPORT BEACH
i March 5, 1970
COMMISSIONERS
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This is recommended because of the un-
certainty as to the future alignment and
connection to Back Bay Drive.
8. That the requirement for a perimeter of
public streets be waived in accordance
with the provisions of Section 20.50.080
9. That no approval of any realignment of
Back Bay Drive be implied.
10. That the boundary of the final tract map
be checked by the County Surveyor before
being submitted to the City for approval
11. That Section 19.16.030 of the Subdivisio
Ordinance regarding map scale be waived
provided maps drawn accurately to a scal
of 1" = 100' are furnished the Public
Works Department.
12. That the areas to be used as parking
sites qualify according to City of New-
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port Beach parking standards.
13. All parking spaces shall be designed in
such a manner that they do not infringe
upon adequate sight distance necessary
for the safe movement of pedestrians
and vehicles.
14. That proposed dead end water main on Vis
a
Madera should be a minimum of 8 '.
15. In this development, street trees will
be installed on Vista del Oro and Vista
del Bolsa in accordance with Parks,
Beaches and Recreation specifications.
These specifications include:
Size: 15 Gallon container.
Species: To be determined by the PB &R
Department.
Spacing: One tree per lot, or 50' maxim
m.
Staking: Two 2x4x8 redwood stakes fore each
.
tree. Each tree to be support Ed
by a Maxwell Steel Company Mod El
S -4 )j11x20" support.
Page 13.
CITY OF NEWPORT BEACH
• March 5. 1970
COMMISSIONERS
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PLANNED
RESIDENTIAL
The PB &R Department must be notified
24 hours in advance of parkway tree
planting or the installations will be
rejected by the City of Newport Beach.
Chairman Jakosky announced that there were
several other matters requiring action by the
Planning Commission.
Mr. Wilson apologized for not having written
out contents of motion as requested at the
afternoon study session of the Planning Com-
mission and verbally suggested the following
Motion
Second
Ayes.
x
x
x'
x
x
x
x
x
x
DEVELOPMENr
PARKING
POLICY
motion:
Under ordinance amendment provisions, Staff
recommends that amendment of Section 20.50.
150(a) of the Municipal Code be set for
public hearing to consider amendment of said
section to require two parking spaces in
Motion
x
garages for each family unit in the develop-
Second
x
ment.
Ayes
x
x
x
x
'x
x
x
Mr. Wilson continued that the second portion
of this subject - Planned Residential Dev-
elopment Parking Policy - deals with adoptio
by the Commission of a policy to establish
a reasonable balance between different
methods of meeting guest parking demands as
required by Section 20.50.150(b) of the
Municipal Code and to inform the City Counci
of the action of the Planning Commission on
this matter. The Staff has recommended the
following policy:
1. A minimum of fifty percent of the re-
quired guest parking shall be provided
in common areas, including both off -
street parking bays and on- street park-
ing. These spaces shall be properly
designed and located to provide fully
usable and evenly distributed parking
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throughout the subdivision.
2. The remaining fifty percent of the requi
ed
guest parking may be provided in private
Page 14.
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March 5, 1970
CITY OF NEWPORT BEACH
COMMISSIONERS
F o m
driveways provided that no more than
one space per driveway be counted to-
ward fulfilling the requirements.
Motion
x
Motion was made to approve the Planning
Second
x
Director's proposed motion.
Ayes
x
x
x
x
xx
x
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NEWPORT
Chairman Jakosky asked if there were any other
TOMORROW -
action req- uired. Commissioner Dosh inquired
about the status of the Newport Tomorrow pro -
gram. Mr. Jakosky replied that he and the
Planning Director would meet to take one more
L AND
OBJECTIVES
R GRAM
look at the wording of the report which would
be going to the City Council. It would then be
forwarded to the Council at the joint meeting
of the Council and Planning Commission to be
held on Monday, March 16, 1970. The matter
would not be coming back to the Commission agai
unless the Commissioners desired to see it.
Chairman Jakosky hoped that the Commission woul
allow the Planning Director and Chairman to
work up a letter of transmittal.
Some discussion was then held regarding a publi
notification of the intent to close the Commis-
sion meetings as near to 11:30 P.M. as possible
One suggestion was that the information be stat
d
in the Planning Commission meeting agendas.
On motion of Commissioner Brown, seconded by
Commissioner Dosh, and carried, the meeting
was adjourned.
oD n R. Adkinson, Se
r e t a r y
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Planning Commission
Page 15.