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Home My WebLink About03/22/1979, I j COMMISSIONERS p i ROLL CALL Present Absent 0 Motion Ayes Absent C MINUTES City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers Time: 7 :30 P.M. Date: March 22, 1979 X x x x x x EX- OFFICIO MEMBERS R. V. Hogan, Commu Hugh Coffin, Assis Bill Dye, Public W STAFF MEMBERS James D. Hewicker, Glenna Gipe, Secre Approval of the mi :Commission Meeting 8, 1979 was contin 1979. x 'Motion was made.th x K x xi the calendar, and X x x tinued to the meet Request to create mit the conversior into a residential Location: Lot 851 ea <_ twE ad; i deg Zone: R -: j Applicant: Hal Owner: Dar Engineer: Sar Pity Development Director Cant City Attorney )rks Subdivision Engineer Assistant Director - Planning tary nutes of the regular Planning . s of February 22, 1979 and March ued to the meeting of April 5, at Items 1 and 8 be removed from that Items 2, 3, 4 and 5 be con- ing of April 5, 1979. one parcel of land so as to per - of existing residential units condominium comp.lex. 1, Tract No. 5425,, located.at -869 Domingo Drive, on the South - terly side of Domingo Drive, be- en Amigos Way and Mar Vista Drive acent to the Bluffs residential elopment. -B, P.R.D. I & Foreman, Inc., Santa Ana n Corporation, Newport Beach ie as Applicant -I- INDEX Item #1 RESUB- I�Tf -S IO 11.64 REMOVED TH ROLL CALL •" MINUTES City of Newport Beach March 22, 1979 removed Item No. 1 from t ier's request. amendment to Chapter 20.87 O cipal Code as it applies : terms "Dwelling Unit" :eptance of an Environmental of Newport Beach continued Item No. 2 to the ;ion Meeting of April '5, suggestion, due to the fact oissioners were absent from , 1979. INDEX Item #2 AMEND- MENT NO. 525 C'ONTIN- P- RIL 5, °affic Study for a proposed I ?1 single family residential IT .97 acres into 21 numbered UED residential development, one APRF street purposes, and one 1979 ape open space. Said re- extension of San Miguel Item ation of an Environmental n of Block 93, Irvine's Sub- , located at 1401 San Miguel etween MacArthur Boulevard proposed extension of San rive, southwesterly of . Gardens.. -B, and P -C. ne Company, Newport Beach Applicant Steppat, Newport Beach , ;The Planning Commission ;calendar, as per the owi i Request to consider an i of the Newport Beach Mui to the definition of thi and "Family" and the aci Document. Initiated By: The City The Planning Commission regular Planning Commis 1979 as per the staff's that three Planning Comi the meeting of March 22 Request to consider a T subdivision containing lots. AND Request to subdivide 12 lots for single family lettered lot for privat lettered lot for landsc quest also includes the Drive, and the consider Document. Location: A portio division Drive, b and the Miguel D Roger's Zones: R -A, R -1 Applicant: The Irvi Owner: Same as Engineer: Simpson - -2- removed Item No. 1 from t ier's request. amendment to Chapter 20.87 O cipal Code as it applies : terms "Dwelling Unit" :eptance of an Environmental of Newport Beach continued Item No. 2 to the ;ion Meeting of April '5, suggestion, due to the fact oissioners were absent from , 1979. INDEX Item #2 AMEND- MENT NO. 525 C'ONTIN- P- RIL 5, °affic Study for a proposed I ?1 single family residential IT .97 acres into 21 numbered UED residential development, one APRF street purposes, and one 1979 ape open space. Said re- extension of San Miguel Item ation of an Environmental n of Block 93, Irvine's Sub- , located at 1401 San Miguel etween MacArthur Boulevard proposed extension of San rive, southwesterly of . Gardens.. -B, and P -C. ne Company, Newport Beach Applicant Steppat, Newport Beach , COMMISSIONERS ROLL CALL MINUTES City of Newport Beach March 22, 1979 INDEX ng Commission continued Items 3 and 4 to it Planning Commission Meeting of April > create three parcels of land, two par- Item #5 :he Irvine Coast Country Club and related parking lot and a residual parcel for a RESUB- determined and the acceptance of an.En- 1 ISION il Document. X16 Portions of Blocks 55 and 93, Ir- CONTIN- vine's Subdivision, located at 1600 UED T East Coast Highway on the northerly PPRRIL 5, side of East Coast Highway, between 197T — Jamboree Road and Newport Center Drive. 0 -S, P -C, and Unclassified The Irvine Company, Newport Beach Same as Applicant . Robert Bein, William Frost & Asso- ciates, Newport Beach ing Commission continued Item 5 to the lanning Commission Meeting of April 5, er the applicant's request, so as, to pro - tional time to review and consider the hich have been requested by the Depart - ublic Works. o create one parcel of land so as to per- Item # onstruction of a two unit residential con complex on the site. RESUB- D I97I Lot 5, Block 439, Canal Section; .lo-N67_67 cated at 408 40th Street, on the southeasterly corner of 40th Street DENIED and Channel Place on Newport Island R -2 -3- The Plann the reguli 5, 1979. Request ti cels for offstreet use to be vironment Location: Tones: Applicant Owner: Engineer: The Plann regular P 1979 as p vide addi changes w ment of P Request t mit the c dominium Location: Zone: March 22, 1979 INDEX ng Commission continued Items 3 and 4 to it Planning Commission Meeting of April > create three parcels of land, two par- Item #5 :he Irvine Coast Country Club and related parking lot and a residual parcel for a RESUB- determined and the acceptance of an.En- 1 ISION il Document. X16 Portions of Blocks 55 and 93, Ir- CONTIN- vine's Subdivision, located at 1600 UED T East Coast Highway on the northerly PPRRIL 5, side of East Coast Highway, between 197T — Jamboree Road and Newport Center Drive. 0 -S, P -C, and Unclassified The Irvine Company, Newport Beach Same as Applicant . Robert Bein, William Frost & Asso- ciates, Newport Beach ing Commission continued Item 5 to the lanning Commission Meeting of April 5, er the applicant's request, so as, to pro - tional time to review and consider the hich have been requested by the Depart - ublic Works. o create one parcel of land so as to per- Item # onstruction of a two unit residential con complex on the site. RESUB- D I97I Lot 5, Block 439, Canal Section; .lo-N67_67 cated at 408 40th Street, on the southeasterly corner of 40th Street DENIED and Channel Place on Newport Island R -2 -3- COMMISSIONERS 4 City of Newport Beach March 22, 1979 ROLL CALL A Applicant: Paul Shapiro, Newport Beach ;Owner: Phyllis.Kerwin Estate, Newport Bez ;Engineer: Duca- McCoy, Corona del Mar :Commissioner Beek requested an explanation regarl ing the legal aspects of the maps, to which Hugh :Coffin, Assistant City Attorney, responded that i cording to the State Subdivision Map Act, when a parcel of land is used for a.condominium develop- MINUTES INDEX ch I- a e in d ,ho n -I V_ !nt i �f of I, COMMISSIONERS °�9 qty City of Newport Beach March 22, 1979 ROLL CALL dames Edwards, 3906 Channel Place, appeared before the Planning Commission and stated his ownership o'f 112 lots within a 300 foot radius of the appli- cant's property. He additionally stated his under standing that a granting of the applicant's reques regarding this item would perhaps be granting a right very few on the island could acquire. He also stated his understanding that there are 110 or more lots on the island, a majority of which are 30' x 901, leaving approximately 700 sq. ft. of developable living space on the ground floor, 11,600 - 1,700 sq. ft. on the second floor, with.a aximum of 2,400 sq. ft. of buildabl.e space. He further expressed his feeling that approval of thi request would set a precedent for the future, Witt .possible future of 110 dual family condominiums n the island, and an extreme density and downgra< ng of the island. Margaret Wymer, 23905 Marcus Avenue, appeared be- fore the Planning Commission to express her concet regarding the parking density, including her feel - ing that the addition of two units 'would add six ars, and that approval of this request would set precedent for the future. She posed a question f the Staff concerning the difference between a . condominium and a duplex, to which Richard Hogan, lommunity Development Director, responded that ea nit of a condominium is a fee title to the air- pace so that each unit of a condominium is owned y one person; whereas, regarding a duplex, both nits are owned by one person, further stating thi 11 parcels on Newport Island are zoned R -2 and c: e developed with two units, and that it would mal o difference in the design or appearance of the uilding as to whether those two units are develol d under one ownership or under condominium regul .ions which would allow two ownerships. Charles Vanderpool, 400 40th Street, appeared be- fore the Planning Commission to express his con- cern regarding the parking problems on Newport Is land and his feeling that building condominiums would only intensify the parking problem. Alan Miller, 404 40th Street, appeared before the Planning Commission to ask for a clarification regarding Finding No. 3 of the Staff.Report, to Which Bill Dye, Department of Public Works Subdi -v Sion Engineer, responded that this corner cutoff Would be an arc with a radius of 15' and would be -5- MINUTES t s -n ch tt to :e r- L- Z INDEX COMMISSIONERS City of Newport Beach March 22, 1979 ROLL CALL !dedicated to the public for street and highway pt !poses. Mr. Miller concluded by expressing his c< cern regarding the parking problem. Moreen Vanderpool, 400 40th Street, appeared be- fore the Planning Commission to express her feel :ing that the building of a condominium would pre sent an additional parking problem and detract from the aesthetics of the.island. :Paul Shapiro again appeared before the Planning Commission to state his definite intention to 'build a building on the lot and to state his fee ing that a duplex would be more deleterious to t ;area than a two - family residential condominium c plex. 'Richard Hogan, Director of Community Development expressed his understanding that the concern wi.t the project was not whether the building was a d plex or a condominium, but what the zoning is: . _ Moreen Vanderpool again appeared before the Plan ning Commission to express her concern regarding the future possibility of two -unit residential condominium complexes on the island as .a result the precedent that would be set subsequent to th approval of this request, and he.r, definite prefe ence for an R -1 zoning of the area. Charles Vanderpool again appeared before the Pla ning Commission to express his desire to take th initial steps toward changing the zoning of the island to an R -1 zone. Commissioner Beek suggested to Mr. Vanderpool th he discuss the zone change with the Newport Isla Community Association Board of Directors and ini tiate a petition. He also suggested that Mr. Va derpool talk with the Corona del Mar Civic Assoc tion which is currently preparing a survey in Cc ona del Mar concerning tightening building stan- dards. Margaret Wymer. again appeared before the Plannii Commission to suggest subterranean parking under neath the public park on the island. -6- MINUTES n I- he )m h u- of e r- n- e at nd .n- :ia r= ig. INDEX COMMISSIONERS City of Newport Beach March 22, 1979 ROLL CALL Paul Shapiro again appeared before the Planning Commission to comment that the lot under discus- sion is about twice as large as the average lot on Newport Island and can easily accommodate two Units. James Edwards again appeared before the Planning Commission to state his understanding that approx mately 2/3 to 3/4 of the houses surrounding the a p,licant's lot are single family residences, and;t, further express his feeling that there would not be many duplexes built on Newport Island because they are not economically feasible... There being no others desiring to appear and be h,'eard, the public hearing was closed. Commissioner Agee commented on the existing R -2 z ing and suggested that now may be the time to re- amine the zoning on Newport Island and change it from R -2 to R -1. . ion x Motion was made to deny Resubdivision No. 621. Richard Hogan, Director of Community Development, Advised the Commission that his recollection of t City's Subdivision Code a) doesn't set forth,.spe ifically, provisions for denial b) does set forth provisions for disapproval of the map, in which c the subdivider has the right to resubmit the map it is in conformity with the requirements of the code. Hugh Coffin, Assistant City Attorney, then advise that pursuant to our local ordinance supplementin the Subdivision Map Act, there is a provision for disapproval of a map with four or fewer lots and the Commission would have to determine that the map is not in conformity with the requirements of this title (the Subdivision Ordinance) and all Ordinances of the City relating to the subject, a that it is not satisfied with the planned subdivi Sion. He further stated that the City has not adopted an ordinance to deal with the regulation new condominiums and that the State Map Act dele- gates to the City the authority in adopting an or nance to regulate the division of land for the cr tion of condominium projects as well as condomini Conversions. i -7- MINUTES i- l an ex he c- as if nd of i di ea um INDEX • i COMMISSIONERS City of Newport Beach March 22, 1979 i MINUTES ROLL CALL In response to a question from Commissioner 'McLaughlin regarding the General Plan, Mr. Hogan ;responded that the General Plan does not deal wii the subject of condominiums, but does deal with jthe subject of intensity of development on Newpol ;Island, and that this request is consistent with :the General Plan in that regard., Mr. Coffin furthor stated that this resubdivisiol !does not constitute a division of the property, ,which will remain with its existing boundaries; the division is the division of the airspace abo, the property as defined by the Condominium Plan that will be submitted to the Department of Real Estate. Said plan will be a three - dimensional :description of that part which is owned by owner "A" and that part which is owned by owner "B ", bi the parcel itself will still remain a single par• cel and will be held in common by the two owners ;(one owner "A" and one owner "B ") of each condo- minium unit. ;Mr. Hogan then stated that should the Commission. !deny the application consistent with the motion, the applicant has a right to appeal that decisio to the City Council for determination. Mr. Coffin advised the Commission that in the se tion dealing with disapproval of a map, it indi- ;cates that the Commission shall in writing advis the subdivider of such disapproval and of the re son or reasons for such disapproval, and he fur - ther suggested that the ordinance requires at le :one finding as to why the proposed subdivision i being disapproved. Ayes x x x Motion to deny Resvbdivision No. 621.was then vo Noes x on, with the finding that based on the testimony Absent x x x at the public hearing, it seems that the quality of life on the island would be deteriorated and that this request would establish a precedent fo converting property to residential condominium units, which MOTION CARRIED. Request to create one parcel of land so as to permit the conversion of two existing dwelling _ • -8- h t ,e it I is to r INDEX Item #7 RESUB- DIVISION . 622 . COMMISSIONERS MINUTES City of Newport Beach ROIL CALL is • units on the site into a two unit residential. condominium complex. Location: Lot 20, Block 543, Corona del Mar, located at 518 -518; Poinsettia Ave- nue, on the southeasterly side of Poinsettia Avenue between Second Avenue and Third Avenue, in Corona del Mar. Zone: R -2 Applicant: William J. McGee, Newport Beach Owner: Clodomiro J. and Betty Rodriquez,. Whittier Engineer: Same as Applicant The public hearing was opened regarding this item and William McGee, 613 West Balboa Boulevard, Ap- plicant, appeared before the Planning Commission.td present to them a copy of the Subdivision Map Act, January 1, 1979, and the Condominium Plan Parcel Map #79710 and to state his concurrence with the findings and conditions as set forth in the Staff Report. Commissioner Frederickson then relayed his conver- sation on said property with Mr. Elledoudt who spoke in opposition to the proposal, due to one of his concerns regarding maintenance of common fences Alex Glasser, 514 Poinsettia Avenue, appeared be- fore the Planning Commission to voice his concern regarding condominium conversions, but indicated that more owners may take better care of the land- scaping. There being no others desiring to appear and be heard, the public.hearing was closed. Commissioner Beek stated that the garages as well as the units would be divided and that the front unit would use the south garage and the back unit Would use the north garage. . �E INDEX CONTIN- UED TO APRIL , 197D- COMMISSIONERS ROLL CALL Motion Ayes Noes Absent Motion Ayes Noes Absent 0= •4 City of Newport Beach March 22, 1979 MINUTES INDEX ip- nd- 1 ;he :on- )e re- inued April r the (Item. #8 fined PHASING AN, x CYVIC to Motion was made that the Planning Commission i Road, PLANNED New- UN -, ITY act prove Resubdivision No. 622, subject to the f FROM THE om the ALENDAR llow 'ings and conditions as set forth in the Staff Report. Commissioner McLaughlin stated that until Cit; ,Council has adopted a Condominium Ordinance, (would necessarily vote "no" on a condominium (version. x x Motion was then voted on, which MOTION FAILED x x x x x x Motion was then made that the public hearing x x x opened and that Resubdivision No. 622 be cont x to the regular Planning Commission Meeting of x x x 5, 1979, which MOTION CARRIED. Request for the approval of a Phasing Plan fo remaining development in the Civic Plaza Plan Community. Location: Property bounded by Santa Barb Drive, San Clemente Drive, San Cruz Drive, San Joaquin Hills and Jamboree Road, adjacent to port Center. Applicant: The Irvine Company, Newport Be The Planning Commission removed Item'No. 8 fr calendar as per the applicant's request, to a the applicant time to provide the additional formation required by the City Council. Request to amend a previously approved use pe that permitted the establishment of a restaut facility with on -sale alcoholic beverages on site. The proposed development includes live tertainment and the expansion of the dining i within the existing Le Biarritz restaurant u! modification to the Zoning Code is also reque since a portion of the expanded structure, a enclosure, and a portion of the proposed on -: -10- MINUTES INDEX ip- nd- 1 ;he :on- )e re- inued April r the (Item. #8 fined rmit. Item #9 ,ant the USE PER- en- reas 1053- e. A TAVEND sted, EbT- trash ite CONTIN- UED TO APR 197 PHASING AN, era CYVIC to PLAYA' Road, PLANNED New- UN -, ITY act REMOVED FROM THE om the ALENDAR llow in- . rmit. Item #9 ,ant the USE PER- en- reas 1053- e. A TAVEND sted, EbT- trash ite CONTIN- UED TO APR 197 COMMISSIONERS • �P ROIL CALL 0— City of Newport Beach March 22, 1979 into the required inster Avenue fron request to waive a et parking spaces, ng agreement for a g spaces. 15 foot tage of portion and to portion MINUTES e building site and elimi- ne where two lots now exist ansion of the existing Le ility on the property. and 26, Block 8, Tract No. ted at 414 North Newport d, on the northeasterly f North Newport Boulevard minster Avenue, adjacent to Heights. ee and Yvan Humbert, Newport Applicants heard concurrently because opened regarding this item chitect, 504 North Newport h, appeared before the Plan - ur that they are in the pro - her imput regarding parking, continuation to April, 19, ood Drive, appeared before to inquire as to whether level would carry outside Mr. Hogan, Director of Com- ted that a condition of the entertainment not be ing• She then voiced anothe INDEX Item #10 RESUB- CO'NTIN- Ei—DT O PRIL 19 19� 7"9— parking spaces encroach setback along the Westm the property. Further of the required offstre accept an offsite parki of said required parkin AND Request to establish on nate an interior lot li so as to permit the exp Biarritz Restaurant fac Location: Lots 25 27, loca Boulevar corner o and West Newport Zone: C -1 Applicants: Yves Bri Beach Owners: Same as Items 9 and 10 will be of their relationship. The public hearing was and Brion Jeannette, Ar Boulevard, Newport Beac -ning Commission to conc cess of developing furt and further requested a 1979. LeeAnn Baker, 413 Holmw the Planning Commission the entertainment noise the building, to which munity Development, sta approval includes that heard outside the build =11 into the required inster Avenue fron request to waive a et parking spaces, ng agreement for a g spaces. 15 foot tage of portion and to portion MINUTES e building site and elimi- ne where two lots now exist ansion of the existing Le ility on the property. and 26, Block 8, Tract No. ted at 414 North Newport d, on the northeasterly f North Newport Boulevard minster Avenue, adjacent to Heights. ee and Yvan Humbert, Newport Applicants heard concurrently because opened regarding this item chitect, 504 North Newport h, appeared before the Plan - ur that they are in the pro - her imput regarding parking, continuation to April, 19, ood Drive, appeared before to inquire as to whether level would carry outside Mr. Hogan, Director of Com- ted that a condition of the entertainment not be ing• She then voiced anothe INDEX Item #10 RESUB- CO'NTIN- Ei—DT O PRIL 19 19� 7"9— COMMISSIONERS City of Newport Beach y March 22, 1979 ROLL CALL concern with this proposal regarding the need foi additional parking and the further congestion ani additional impact this would have on the R -1 res dential area only one street away. Donald E. Cots, 416 Westminster Avenue, appeared before the Planning Commission to state his.coni- tern relevant to the present parking problem. H stated that at the lunch hour many cars park in front and on one side of his property, presentin, a high noise level for an R -1 District, and he further suggested a change in the proposed park- ing facilities. Motion x x M Motion was made that Use Permit No. 1053 (Amendec Ayes x x x x x x x x a and Resubdivision No. 623 be continued to the re- MINUTES 1- to in ani T1- INDEX DITION-