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HomeMy WebLinkAbout05/01/1975COMMISSIONERS DC T Y m n Z A Re CALL r Present Motion Ayes Absent 0 Motion Ayes Absent • A V� CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. hats. Mav 1. 1975 MINUTES ,"nev * X X X X X) *Arrived 7:10 P.M. EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Planning William R. Foley, Environmental Coordinator Bob Fowler, Assistant Director.- Building C. E. Hollon - Civil Engineer- Grading. Shirley Harbeck, Secretary * * * * * * * * X Minutes of the Regular Meeting of April 17, 1975, X X X X X X were approved as written. X Item #1 Request to amend a portion of Districting.Map No. 50 from the R -1 -B District to the R -A District.NO. AMENDMENT 443 Location: Portion of Block 93, Irvine's CONT. TO Subdivision located southerly of MAY 15 San Joaquin Hills Road between MacArthur Boulevard and proposed New MacArthur Boulevard in Harbor View Hills. Zone: R -1 -B Applicant: Roger's Gardens - Newport Center, Newport Beach Owner: The Irvine Comp.any,.Newport Beach X At the request of the applicant, this matter was X X X X X X continued to the meeting of May 15, 1975. X Item #2 Request to permit an amendment to a previously USE approved use permit that allowed the operation of PERMIT a commercial nursery and related retail sales, including the sale of garden furniture, so as to permit the expansion of the employee parking lot,. 1683 AMENDED CONT. TO Page 1. MAY 15 coMnnissioNERS CITY OF NEWPORT BEACH D m A CALL Motion Ayes *ent Motion s en May .l, 1975 MINUTES ,MUCA and the plant display- storage areas of the subject nursery. Location: Parcels 1 and 2 of Parcel Map 61 -41 (Resubdivision No. 401) and a por- tion of Block 93, Irvine's.Sub- division, located at 2301 San Joaqu n Hills Road, on the southerly side of San Joaquin Hills Road between MacArthur Boulevard and proposed New MacArthur Boulevard in Harbor View Hills. Zones: R -1 -B, R -A Applicant: Roger's Gardens - Newport Center, Newport Beach Owner: The Irvine Company, Newport Beach X X X X X X At the request of the applicant, this matter was continued to the meeting of May_15, 1975. Item #3 Request to create two parcels of .land for commer- cial development. RESUB- DIVISION NO. 485 Location: Parcels land 2 of Parcel Map 61 -41 (Resubdivision No. 401).and a CONT. TO portion of Block 93, Irvine's MAY 15 Subdivision, located at 2301.San Joaquin Hills Road between MacArthur Boulevard and proposed New MacArthur Boulevard in Harbor View Hills. Zones: R -1 -8, R -A Applicant: Roger's Gardens - Newport Center, Newport Beach Owner: The Irvine Company, Newport Beach Engineer: Raub, Bein, Frost & Associates, Newport Beach X X X X X X X At the request of the applicant, this matter was continued to the meeting of May 15, 1975. X Page 2. COMMISSIONERS CITY OF NEWPORT BEACLi m v <4 M a 3 x � RO CALL Motion Ayes Absent 0 • MINUTES May 1, 1975 Site Plan review of development proposed for the Item #4 site on the north side of Coast Highway between Riverside and Tustin Avenues, on Mariner's Mile. X As recommended by the Staff, this matter was X X X X X removed from the agenda by the Planning Commission.. X Commissioner Agee took his place on the dais. Item #5 Request to create two parcels of land for commer- RESUB- cial development where twelve lots and a portion DIVISION of an abandoned alley now exist. N0. 487 Location: Lots 1 through 6 and Lots 10 APPROVED through 15, Tract 1133 and a CONDI- portion of an abandoned alley, TIONALLY located at 2600 -2712 West Coast Highway, on the northwesterly side of Tustin Avenue between West Coast Highway and Avon Street on Mariner's Mile. Zone: C -1 -H Applicant: Mariner's Mile Company, Newport Beach Owner: Same as Applicant Engineer: Raub, Bein, Frost & Assoc., Newport Beach Public hearing was opened in connection with this matter. Bob Bein of Raub, Bein, Frost & Assoc., appeared before the Commission and concurred with all of the recommended conditions outlined in the staff report with the exception of Condition No. 5 on which he advised the applicant would comment. Ned McCune and Vin Jorgenson, owners of the pro- perty in question, appeared before the Commission in opposition to Condition No. 5, as they felt policies had not been established regarding the Page 3. 'COMMISSIONERS CITY OF NEWPORT BEACH ,Ti. R T ya F rC m y A < Z A f3P ca« m May 1, 1975 RAh MINUTES � 1 .1 �J r .r acquisition of property for the widening of Coast Highway and they did not want to set a precedent by dedicating 6 feet of valuable property to the City as they want the same compensation as other property owners along Coast Highway. They advised that the buildings would be set back a distance of 17 feet thereby making a 12 foot strip avail- able in the future and at such time as the City is ready to negotiate in connection with acquisi- tion of property for the widening of Coast Highway. Gregory Dumas, Vice President and Director of Design and Construction for United California Bank, appea ed before the Commission in support of statements mad by Ned McCune and Vin Jorgenson and felt that no precedent had been set or policy established regarding the widening of Coast Highway. Jose Rosan representing J. R. Investment Corpora- tion, owners of property at the southeast corner of Riverside and Avon, appeared before the Commis- sion and advised that although they:have no plans for development.of their property at the present. time, they do not.i.ntend to dedicate any property • to the City for corner cut -offs or setbacks. There being no others desiring to appear and be heard, the public hearing was closed. City Engineer Nolan commented on the issue of dedication for public improvements and advised that policies and precedents have been established within the City and more specifically on property in West Newport and Newport Center adjacent to Coast Highway, which required dedication of right - of -way as a condition of resubdivision. The rationale for dedication is based on the fact that widening does provide benefits to the adjacent property served by the highway. Assistant City Attorney Coffin commented on the procedures of a public agency to acquire property for highway purposes. He also advised that the policy reasons presented by Mr. Nolan are the same policy reasons with which the courts have consistently upheld requirements for street dedication, as long as the City is acting in a reasonable fashion. Planning Commission discussed the effects of the • requirement for a 25 foot radius corner cut -off at Tustin Avenue and Coast Highway. They also dis- cussed the issue of requiring dedication of 6 feet Page 4. COMMISSIONERS CITY OF NEWPORT BEACH v-reII m Mav 1 _ 1975 MINUTES and purchase of 6 feet of right -of -way for Coast Highway at some length. It was the general con - currence of the Commission that no dedication would be required at this time, however, the method of acquiring the additional right -of -way by the appropriate public agency would be determined. at a later date. Motion X Motion was made to make the following findings: Ayes X X X X X Noes X 1. That the proposed retail - commercial uses and related offstreet parking on the subject property are in conformance with the General Plan, and are compatible with surrounding land uses. 2. That the resubdivision conforms with all zoning requirements and presents no problems from a planning standpoint. 3. That the approval of Resubdivisi.on No. 487 is consistent with the General Plan., and the pro - posed subdivision and land use is compatible with the objectives, policies, general land • uses, and programs specified by that plan. and approve Resubdivision No. 487, subject to the following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department, except as otherwise provided below. 3. That full parkway width P.C.C. sidewalk be constructed along the Tustin Avenue and Avon Street sides of Parcel 2. 4. That all unused alley and driveway approaches from Avon Street to Parcel 2 be removed and replaced with curb and gutter and sidewalk. 5. That a 12 -foot wide strip along the south- westerly side of Parcel 1 shall be reserved for street and highway purposes. The method of acquisition by the appropriate public agency shall be determined at a later date. 6. That a 25 -foot radius corner cut -off at West Coast Highway and Tustin Avenue be dedicated for street and highway purposes. Page 5. COMMISSIONERS r m,s s q m i Z A N L CALL 0 • CITY OF NEWPORT BEACH MINUTES May 1, 1975 INDEX 7. That a 15 -foot radius corner cut -off at Avon Street and Tustin Avenue be dedicated for street and highway purposes. 8. That all vehicular access rights from Parcels 1 and 2 to West Coast Highway and Tustin Avenu be dedicated to the City. 9. That street light construction by the develope be waived at this time. Item #6 Request to permit the construction of a private USE tennis club facility with lighted tennis courts PrRMIT in "Newport Place." 75 Location: A portion of Parcel 2 of Parcel APPROVED Map 57 -27 (Resubdivision No. 415) C NCI located at 1450 Quail Street, TIONALLY westerly of Dove Street, southeast- erly of Westerly Place and north- easterly of Quail Street in "Newport Place." Zone: P -C Applicant: Joseph M. Avila of MacArthur Sports, Newport Beach Owner: Emkay Development Co., Newport Beach Planning Commission discussed the analysis of the parking requirements and the possible need for additional parking due to the overlap of arrival and departure times by persons using the facilities, setbacks, access to the parcel, landscaping and potential increase in the use of the facilities through the possible serving of food and alcoholic beverages. .Public hearing was opened in connection with this matter. Brion Jeannette, architect for the project, appeared before the Commission and answered questions in connection therewith. He concurred with the conditions as recommended by the staff and advised of the type of uses proposed by the facility. Page 6. COMMISSIONERS CITY OF NEWPORT BEACH A A N ta rAl l m May 1 , 1975 MINUTES INUCA Joe Avila of MacArthur Sports, 4250 Scott Drive, appeared before the Commission and answered questions relative to the proposed operation of the facility and membership. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made to make the following findings: 1. That the proposed development does not conflict with the intent of the Planned Community Development Plan and the General Plan. 2. That the tennis club facilities will be compatible with existing and planned office uses which will surround the site. 3. That adequate on -site parking spaces are being provided for the normal use of the proposed - developrent. 4. That an offsite parking agreement will be obtained for additional parking on adjacent • property prior to tournament matches on the site. 5. The approval of Use Permit No. 1751 will not, under the circumstances of this ease be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1751, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations, except as noted in Condition No.2. 2. That a minimum of one parking space /250 sq.ft. of building gross floor area and three parking spaces /tennis court shall be provided on an amended parking layout to be approved by the Department of Community Development. • 3. That a landscape plan shall be approved by the Director of Parks, Beaches and Recreation. The landscaping and watering system shall be installed in accordance with the approved Page 7. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES A is rei, m P May 1, 1975 INnrx plan, and shall be properly maintained. 4. That all exterior signs shall be approved by the Director of Community Development. 5. That all storage of trash shall be shielded from view within the clubhouse or within an area enclosed by a wall not less than six feet in height. 6. The lighting fixtures shall be designed, located and maintained so as to shield the light source and confine glare to the site area. 7. Prior to securing a final utility release, the applicant shall submit to the Department of Community Development a statement from a licensed electrical engineer certifying that the lights have been installed in accordance with Condition No. 6. 8. Use of the tennis courts shall be confined to • the hours of 7:00 A.M. to 12:00 midnight daily. All court lights will be out by 12:00 midnight daily. 9. The use of outdoor loud speakers shall be limited to individual paging units at each court and a public address system at the competition court during major tournaments. 10. On -site fire hydrants shall be provided as approved by the Fire Department. 11. That the Planning Commission shall review and the City Council shall approve an offsite parking agreement for additional parking space prior to any tennis tournaments on the site. In discussing the motion, Planning Commission voiced concern with the potential popularity of the development through the serving of food and alcoholic beverages, thereby creating a parking problem. Also, there was concern that all of the floor area was not included in the calculations for parking, the proximity of the tennis courts to other buildings, and the over- . lap period. Motion X Following discussion, an amendment to the motion Ayes X X X X X was made to add the following condition: Noes X X Page 8. COMMISSIONERS � P N R! CALL May Ayes Noes • Motion Ayes Noes • CITY OF NEWPORT BEACH MINUTES 1, 1975 INDEX 12. That the use permit shall be amended prior to the serving of alcoholic beverages. X X X X The original motion was then voted on and carried. X X Item #7 Request to create three parcels of land for com- RESUB- mercial development where one parcel now exists. DIVISION N0_486 Location: Parcel 2 of Parcel.Map 57 -27 (Resubdivision No. 415) located at APPROVED 1450 -1500 Quail Street and 1300 CONDI- Dove Street, westerly of Dove TITNTELY Street, southeasterly of Westerly Place and northeasterly of Quail Street in "Newport Place." Zone: P -C Applicant: Emkay Development Co'., Newport Beach Owner: Same as Applicant Engineer: Raub, Bein, Frost,& Associates, Newport Beach Public hearing was opened in connection with this matter. Bob Bein, of Raub, Bein, Frost & Associates, appeared before the Commission and concurred with the recommended conditions contained in the staff report. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that the Planning. Commission make X X X X Y the following findings: X 1. That the proposed resubdivision exceeds the development standards of the Planned Community, including the minimum site area requirement of 30,000 sq. ft. 2. That the approval of Resubdivision No. 486 is consistent with the General Plan and the pro- posed subdivision and land use is compatible with the objectives, policies, general land uses and programs specified by that plan. Page 9. COMMISSIONERS CITY OF NEWPORT BEACH P CALL • • MINUTES... May 1, 1975 aunev and approve Resubdivision No. 486, subject to the following conditions: 1. That.a parcel map be filed. 2. That the remaining sections of 6 -foot wide P.C.C. sidewalk along the Quail Street, Westerly Place, and Dove Street frontages be completed. 3. That separate water and sewer service connec- tions be made in a manner satisfactory to.the Public Works Department. Planning Commission recessed at 9:10 P.M. and reconvened at 9:25 P.M. Item #8 Request to permit a school for the training of USE industrial psychologists in an existing office PERMIT complex in "Newport Place." N0. 1752 Location: Lot 1, Tract 7394, located at APPROVED 4019 Westerly Place on property bounded by Dove Street, Westerly CONDI- TION -91 Place, Quail Street, and Birch Street in "Newport Place." Zone: P -C Applicant: Koll Income Properties, Inc., Newport Beach Owner: Same as Applicant. Public hearing was opened in connection with this matter. John Allen, Vice President of the Don Koll Company, co- owners of Koll Income. Properties, appeared before the Commission and concurred with the staff report and recommended conditions. The staff advised the Commission of their concern with the possible day -time use and recommended that a condition be added requiring that a copy of the lease be submitted indicating there would be no day -time use of the classrooms. Page 10. COMMISSIONERS r T s x o m i o` rAll m CITY OF NEWPORT BEACH Ma 1. 1975 MINUTES Mr. Allen answered questions of the Commission and submitted a copy of the lease for the record. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, motion was made that the All Ayes Planning Commission make the following findings: 1. The proposed development does not conflict with the General Plan. 2, That the Pepperdine University office use is permitted in the approved Planned Community Development Plan, and that the proposed school use will be compatible with the surrounding uses. 3. Adequate offstreet parking spaces are being provided in the common parking lot after 5:00 P.M. during the week. 4. The approval of Use Permit N0. 1752 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and . improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1752, subject to the following conditions: 1. That development shall be in substantial conformance with the approved floor plan and .plot plan and the uses shall be limited to those indicated in the Analysis Section of the Staff Report dated April 24, 1975. 2. That a maximum of 30 students or teachers shall be permitted in the classrooms at any one session (i.e. the permitted occupant load determined by the Building Division). 3. Classroom activity shall not be permitted on the site prior to 5:00 P.M., Monday through Friday. 4. That this approval shall be for a three year period to coincide with the lease. Any request for extension shall be acted upon by the Modifications Committee. Page 11. COMMISSIONERS p L CALL 0 • CITY OF NEWPORT BEACH MINUTES Mav 1. 1975 !Nnor improvements in the neighborhood or the genera welfare of the City. and approve Use Permit No. 1753, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan. 2. That no animals shall be kept on the premises other than those being treated in the small animal outpatient clinic. 3. That no animals shall be kept in the building overnight or left unattended at any other time 4. That this approval shall be for a period of two years, and any extension.shall be subject to the approval of the Modifications Committee Commissioner Hazewinkel stepped down.from the dais and refrained from deliberation on Items Nos. 10, 11, 12, 13, 14, and 15, due to a possible conflict of interest. He was deemed absent and Commissioner Heather chaired these matters. Item #10 Request to permit the construction of seven USE attached single family dwellings with related PERMIT parking and landscape areas and the acceptance N-67-T-729 of an environmental document. CONT. TO Location: Lot 83, Tract 6230, located at JUNE 5 2330 Vista del Playa, on the north - easterly side of proposed Vista del Playa, westerly of Vista del Oro in "The Bluffs." Zone: R -3 -B P.R.D. and R -4 -B -2 P.R.D. Applicant: IDH, a Joint Venture, Costa Mesa Owner: The Irvine Company, Newport Beach Page 13. 'COMMISSIONERS m y p F RAQ CALL E E CITY OF NEWPORT BEACH Mav 1. 1975 MINUTES IIJflCY Request to subdivide 1.11 acres into seven number- ed lots for attached single- family residential Item #11 TENTATIVE MAP development, one numbered lot to be developed as TRACT a landscaped area and one lettered lot to be 8680 developed as a private street, private driveways and guest parking spaces. CONT. TO JUNE 5 Location: Lot 83, Tract 6230, located at 2330 Vista del Playa, on the north - easterly side of proposed Vista del Playa, westerly of Vista del Oro in "The Bluffs." Zone: R -3 -B P.R.D. and R -4 -B -2 P.R.D. Applicant: IDH, a Joint Venture, Costa Mesa Owner: The Irvine Company, Newport Beach Engineer: Valley Consultants, Inc., Hunting- ton Beach The.staff suggested that Items No. 10 and 11 be continued to the meeting of June 6, 1975, pending receipt of additional information. Commissioner Heather advised there were persons present who wished to be heard in connection with these items and polled the Commission as to whethe or not the public hearing should include public input in view of the fact that no staff report had been prepared because of incomplete informa- tion at this time. Some of the Commissioners felt that all three sites were interrelated and had some reservations about taking action on only two of the three sites under consideration. The staff pointed out that although the requests were somewhat related, there was no reason why each matter could not be considered separately. Public hearing was opened in connection with Items No. 10 and No. 11. Jim DeMarco, Attorney with the firm of Fulop, Rolston, Burns, and McKittrick, appeared before the Commission on behalf of the applicant and concurred with the continuance of Tract 8680 and Use Permit 1729. He advised that the problems related to this tract were different than those of the other tracts, therefore, the applicant requests that decisions be made in connection Page 14. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES � Z A P u o� reii m May 1 , 1975 i nwci, with Tracts 8681 and 8682 and their related Use Permits 1730 and 1731 and that Tract 8680 and Use Permit 1729 be continued. Pape Hilburn, 2195 Vista Entrada, appeared before the Commission and felt that because of their relationship, all three sites should be considered . together since all three sites were considered together in the past. He requested that if one matter was continued, the others should also be continued. Assistant City Attorney.Coffin advised that each item could be acted upon separately; that the applicant could withdraw any one of the items if he so desired; and that under the Subdivision Map Act, there were time limits within which the Commission must act unless continued with the consent of the applicant. Planning Commission discussed the time limits at length and were advised by Mr. Coffin that since the time had lapsed as provided under the Sub- division Map Act, some decision would be required at this meeting, unless continuances were agreed upon by the applicant. Planning Commission voiced concern with the separa tion.of the items under consideration and the staf advised of their concern with the possible render- ing of a decision on matters which have not been analyzed because of incomplete information. John Stewart, 440 Vista Grande, appeared before the Commission and stated that the best use for the three sites would be as open space and felt this could be accomplished if given more time. Gordon Young, 310 Encina, appeared before the Commission and felt that all three sites whoud be considered together as all of the sites effect all of "The Bluffs." Glen Anderson, 2140 Vista Durado, appeared before the Commission in opposition to hearing the matters separately and commented on the problems involved in amending the C.C.& R.s of the existing homeowners association. ion X Following discussion on the matter of continuances s X X X X X X motion was made to continue the public hearing in Absent X connection with Tract 8680 and Use Permit 1729 to the meeting of June 6, 1975. Page 15. COMMISSIONERS T y p Oft CALL MW 0 0 CITY OF NEWPORT BEACH MINUTES Mav 1. 1975 YRLY Item #12 Request to permit the construction of eight USE attached single family dwellings with related PERMIT parking and landscape areas and the acceptance of N0. 1730 an environmental document. APPROVED Location: Lot 89, Tract 5878, located at CONDI- 2122 Vista Entrada, westerly of TIONALLY Vista Del Oro and easterly of Vista Entrada in "The Bluffs." Zone: R -4 -13-2 P.R.D. Applicant: IDH, a Joint Venture, Costa Mesa Owner: The Irvine Company, Newport Beach Item #13 Request to subdivide 1.65 acres into eight number- TENTATIV ed lots for attached single - family residential MAP development and one numbered lot to be developed TRACT as a landscape area, private driveways and guest 8682 . parking spaces. APPROVED Location: Lot 89, Tract 5878, located at CONDI- 2122 Vista Entrada, westerly of TIONALLY Vista del Oro and easterly of Vista Entrada in "The Bluffs." Zone: R -4 -B -2 P.R.D. Applicant: IDH, a Joint Venture, Costa Mesa Owner: The Irvine Company, Newport Beach Engineer: Valley Consultants, Inc., Huntington Beach Item #14 Request to permit the construction of nine attach- USE ed single family dwellings with related parking PERMIT and.landscape areas and the acceptance of an NO. 1731 environmental document. APPROVED Location: Lot 125, Tract 5435, located at CONDI- 1976 Vista Caudal, southwesterly TIONXLY Page 16. COMMIS51ONERS CITY OF NtWPURI BtACH r� Y A 0 MINUTES Mav 1. 1975 of Vista del Oro and northeasterly of Vista Caudal in "The Bluffs." Zone: R -4 -B -2 P.R.D. Applicant: IDH, a Joint Venture, Costa Mesa Owner: The Irvine Company, Newport Beach Item #15 Request to subdivide 1.75 acres into nine numbered TENTATIV lots for attached single - family residential MAP development and one numbered lot to be developed TT_R CT as a landscape area, private driveways and guest 8681 parking spaces. APPROVED Location: Lot 125, Tract 5435, located at CONDI- 1976 Vista Caudal, southwesterly of TIONALLY Vista del Oro and northeasterly of Vista Caudal in "The Bluffs. "' Zone: R -4 -B -2 P.R.D.' Applicant: IDH,.a Joint Venture, Costa Mesa Owner: The Irvine Company, Newport Beach Engineer: Valley Consultants, .Inc., Huntington Beach Public hearings were opened and the requests heard concurrently in connection with .Items Nos. 12, 13, 14, and 15. Planning Commission inquired as to whether or not the applicant would agree to the continuance of these requests in view of previous testimony and discussion. Jim DeMarco, Attorney, representing the applicant, appeared before the Commission and advised that the applicant was opposed to any further continu- ances in connection with these matters. Community Development Director Hogan commented on additional work which was done by the staff in connection with the Environmental .Impact Report; revisions to the staff report pertaining to off - street parking as a result of conflicting informa- tion received by the applicant and Mrs. Cashman; Page 17. 'COMMISSIONERS CITY OF NEWPORT BEACH i Z A p or VAII m Mav 1 107E MINUTES 1 • f 11 \VC/, revisions to Condition No. 11 in connection with the possible merger of the two homeowner's associa . tions; compatibility of the new homes with the existing homes as to size and architecture; addi- tions to the new homes being consistent with the existing development through architectural review of the existing homeowners association; and since there are no means for acquisition of the propertie at this time, the property owner and developer have a right to develop the properties as requeste . Assistant Community Development Director Hewicker reviewed the P.R.D. Standards and related parking requirements; City Policy relative to location of the required guest parking; and City Policy regard ing parking on the private street system. He reviewed in detail the revisions to the staff report pertaining to parking. Community Development Director Hogan read the suggested revisions to Condition No. 11 and reviewed the report from the Traffic Engineer in connection with a recount of the traffic volumes on Vista del Oro which indicated that Vista del • Oro was adequate to accommodate existing traffic as.well as that which would be generated through construction of the proposed dwellings. C. E. Hollon, Civil Engineer- Grading, appeared before the Commission and answered questions relative to grading and sub - surface drainage. Jim DeMarco, Attorney, appeared before the Commission on behalf of the applicant. He stated they felt that all of the various requirements had been met to warrant approval of two tracts and the related use permits and reviewed the chronology of the various meetings and hearings held in connection with these matters. He commented on the various staff reports and con- curred with the conditions as recommended. He also commented on the maintenance of the property between the lot lines and the building lines which would be controlled by the homeowners association through the C.C.& R.s; reviewed and .commented on the homeowners concerns relative to traffic, density, and development of the sites as opposed to their remaining as open space; and answered questions of the Commission relative to • the air -space condominium concept. Bill Holstein, IDH, appeared before the Commission and answered questions relative to location of the Page 18. C,UMMISJ1UNt1(5 CITY OF NEWPORT BEACH . D m = Z •O m £ m n fe11 1S May 1 , 1975 MINUTES Immav additional parking which would be constructed if, requested by the existing homeowners association. Jim DeMarco, Attorney for the applicant, submitted a copy of an agreement dated September 21, 1971, between The Irvine Company, George and William Holstein Co., IDS Mortgage Development Corp. dba IDH, and The Bluffs Homeowners Community Associa- tion relative to development of the sites in question. The following persons appeared in opposition to these requests: Virginia Vosburg, resident on Vista.Grande, commented on communications with The Irvine Compan and their lack of willingness to.further discuss the problems involved with the development of the three high -rise sites and the 15 acre remnant adjacent to Tract 8680. Helen Mason, 524 Vista Grande commented on the Bluffs Homeowners Community Association, their operation as a business entity and function as an • association. She felt that additional develop- ment would greatly effect the existing operation of the Association and the investment of the exist ing homeowners. John Stewart, 440 Vista Grande, felt.the requests should be denied because the revised EIR did not reflect the alternative of "no project," incompat- ibility of the density, problems with respect to the formation of a new homeowners association, and the projects were not in the best interest of the neighborhood. Annette Cates, 2101 Descanso, opposed the size of the homes within the development because of their incompatibility with existing homes. Olin Stapp, resident on Glorietta,. opposed con- struction on any one of the three sites and felt they should remain "greenbelts." Gordon Young, 310 Encina, commented on adverse conditions during construction, such as noise, dust, damage to structures and streets as a result of heavy equipment. Robert Maynard, 1956 Vista Caudal, felt the EIR did not completely cover the matter of drainage and seepage within the Bluffs area and therefore should not be accepted. Page 19. 'COMMISSIONERS CITY OF NEWPORT BEACH qG1 m y m 9 m� oAML 9-Al m .May 1, 1975 MINUTES Marie Buckey, 2187 Vista Entrada, opposed the size of the units proposed to be constructed. Boltwood Dodson, 2068 Vista Cajon, commented on the matter of equities. Maxine Lundberg, 2118 Vista Entrada, commented on traffic hazards and deficiency of required parking in previously approved Tract 5878. Assistant Community Development Director Hewicker advised of a parking survey which was made in 1970 in connection with Tract 5878 which indicated there were 53 guest parking spaces in excess of the required amount. Caroline Cashman, 2002 Vista Caudal, opposed construction of 5 additional parking spaces becaus it would eliminate the greenbelt and add to the asphalt, opposed the proposed units because of their size, and requested that any construction on the sites be made to conform in size, bedroom density and architecture with that of surrounding units. • M. R. Crane, 509 Vista Flora, felt the proposed units should be made to conform with the surround- ing units. Mr. Spencer, 304 Vista Madera, commented on the soils report contained in the EIR and felt the additional units would add to the drainage problems., Harold Buckey, 2187 Vista Entrada, felt the home- owners also had-certain rights and strongly opposed the entire development of the three sites. John Moore, 2001 Vista Caudal, commented on guest parking, encouraged construction of smaller units, suggested an alternative agreement for maintenance of the greenbelt through means of easements and . opposed the project in general. Glen Anderson, 2140 Vista Durado, did not feel the revision to Condition No. 11 was a compromise or solution to the problem of homeowners associations Caroline Cashman, 2002 Vista Caudal, presented a map which indicated parking on Vista Caudal and reviewed same with the Commission. Jim De Marco, Attorney and representative of the Applicant, appeared before the Commission in Page 20. COMMISSIONERS oisk CAI i m CITY OF NEWPORT BEACH May 1, 1975 MINUTES imnry rebuttal to the opposition. He advised of their willingness to reduce the number of bedrooms within the units, however, the floor area would remain the same. He commented on the necessity for the ease- ments in order to prevent zero lot lines which are not permitted; the alleged misrepresentation by the applicant or The Irvine Company in connection with construction on the three sites; the reasons for Condition No. 11; and the lack of any legal reason to deny the projects as they have complied with all the requirements of the Subdivision Map Act and the Municipal Code. There being no others desiring to appear and be heard, the public hearings were closed. Assistant City Attorney Coffin advised the Commis - sign of the various actions which could be taken as provided in the Subdivision Map Act and the Municipal Code and the basis on which the decision must rely. Discussion by the Planning Commission included the size of the units in relation to the size of,the • footprint lots; the importance that the proposed units be in conformity with that of the existing units, both as to mix and plan, in order that the manner of living would be the same; the flexibilit of providing new floor plans, however, limiting th size, floor space, bulk, facade, and number of bedrooms to that of the existing units within the surrounding area. Staff advised of their concern with requiring conditions pertaining to design, prior to approval of the tentative map, because of the relationship between lot lines and building lines. Planning Commission discussed revisions to Condi- tion No. 9 which would assure the compatibility of the proposed units to that of the existing units. Grading, hauling, and haul routes were discussed and it was suggested that an additional condition be imposed relative to the actual route and hours of operation because of a concern with small school children. It was pointed out that because of unforeseen situations which may occur, the specific route and hours of operation should be considered prior to the issuance of the grading • permit and that the concern relative to small children would be considered. Page 21. COMMISSIONERS n m � al CITY OF NEWPORT BEACH May 1, 1975 MINUTES Commissioner Williams commented on findings to be considered which would recommend denial of the projects as being detrimental to the peace, comfort, general welfare, etc. of the community because of the lack of consideration for the "no project." aspect in that there has been no response to the Association from The Irvine Company and the need for additional time to negotiate; and the concern that a discrepancy exists between the advertising . brochure which states that development was complet and the agreement relative to approval of future development on the three sites by the Association. Motion X Following discussion, motion was made that the Ayes X X X X X X Planning Commission has reviewed the draft Environ Absent X mental Impact Report, has determined that.it was prepared in compliance with the California Environ mental Quality Act and recommends to the City Council that it be certified as complete.. Motion X Motion was made that Planning Commission make the Ayes X X X X X following findings: Noes 1. That the Planning Commission has reviewed the draft Environmental.Impact Report and has determined that it was prepared in compliance with the California Environmental Quality Act and recommends to the City Council that it be certified as complete. 2. That the Planning Commission has considered the information contained in the EIR in reach- ing their decision. 3. That the density surrounding.Use Permit 1730 and Tract 8682 is 4.48 DU /Gross Acre and the density proposed under Use Permit 1730 and Tract 8682 is 4.08 DU /Gross Acre. That the density surrounding Use Permit 1731 and Tract 8681 is 4.70 DU /Gross Acre and the density proposed under Use Permit 1731 and Tract 8681 is 4.46 DU /Gross Acre. Therefore, the 17 units proposed by this development does not exceed the density of the immediate surround- ing area. 4. That conditions on the development to be reviewed at the time of the final subdivision map insure that the development in terms of . dwelling size, elevation of structure, average number of bedrooms and architectural design and detail will be in harmony with immediately surrounding dwellings. Page 22. COMMISSIONERS T T 4 i F 2 ,o 3� p Aftl rAlI m Mav 1 CITY OF NEWPORT BEACH 1975 MINUTES uncv 5. That the design of Tracts 8681 and 8682, such as drainage and sanitary facilities, public utility easements, lot size and configuration, traffic access and the size and number of parking spaces, conforms with the City's Zoning Ordinance, Subdivision Ordinance and General Plan. 6. All public improvements, such as street trees, fire hydrants and other public improvements, will be constructed and installed in accord- ance with City ordinances and policies. 7. That all grading will be accomplished in. accordance with grading plans and soils report approved by the City's Grading Engineer and prepared pursuant to the City's Grading Ord - inance. Mitigation measures incorporated into the grading plan will assure that any ..impacts to the environment.from erosion, siltation and runoff will be kept to a minimum 8. That the traffic to be generated by the pro- posed development, when added to existing traffic on Vista del Oro, will generally not exceed 50% of the designed ADT capacity for Vista del Oro. 9. That the proposed development is consistent with the Residential Growth Element of the General Plan. 10. That the Development is planned and designed as a unit to produce an environment of stable, desirable character not out of-harmony with its surrounding neighborhood and meets the .standards of dwelling type, density, open space,.light and air, pedestrian and vehicular access, parking and traffic circulation required for the zoning district in which it is located. 11. The approval of Use Permit Nos. 1730 and 1731 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the • general welfare of the City. 12. That the approval of the Tentative Maps of Tract 8682 and 8681 is consistent with the Page 23. wnnnnisaivnitks CITY OF NEWPORT BEACH T F T ➢a T A T �t [ALL m Mav 1 107f MINUTES .,nev nw�n General Plan, and the proposed subdivision and land use is compatible with the objectives, policies, general land uses and programs specified by that plan. and approve Use Permit No. 1730 and Use Permit No. 1731, subject to the following conditions: 1. That approval of these use permits shall be for recommendation purposes only. Final ,approval shall be determined by the City Council. 2: That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as modi- fied by Conditions Nos. 3, 4, and 9 below. 3. A maximum 6 feet 6 inches shall be permitted between an exterior building wall and a side property line. 4. All buildings, building eaves, and patio roofs • shall maintain required setbacks as determined by the Uniform Building Code. 5. That all mitigation.measures contained in Section 5 of the EIR (Pages 43 thru 52), with the exception of that portion pertaining to subsurface drainage, are hereby incorporate as conditions of approval. 6. All Structures shall be constructed with a relieved slab system with moistureproofing on both sides or an equivalent meeting the approval of the Building Official. 7. That the dwelling units be sound attenuated to achieve a maximum interior noise level of 45 dB(a). 8. That detailed landscaping plans, including any perimeter walls and fences, and a watering system and schedule for installation, shall be prepared by a landscape architect and shall be subject to approval by the Director of Community Development and the Director of Parks, Beaches and Recreation. Said land- scaping may consist of lawn, trees, shrubbery • and other plant materials. The landscaping and watering system shall be installed in accordance with the approved plan and shall be properly maintained. In the event instal - Page 24. ` COMMISSIONLRS n m p m G a WINLI CALL n m CITY OF N t W PQK I BtACH May 1, 1975 MINUTES INDEX r lation of landscaping is not completed on schedule, the City of Newport Beach may require a reasonable guarantee for completion of said landscaping. All planting shall be of the size, maturity and nature as exists in the surrounding area where possible. 9. That prior to the issuance of building permits, the applicant shall retain the architectural firm of Leitch, Kiyotoki, Bell and Associates, Inc. to review the architectural details of all structures and said firm shall certify to the Department of Community Development that the structures are compatible and incorporate the same details as surrounding dwellings as to architectural design, average number of bedrooms and general conformance as to floor area of the immediate surrounding residential units. Plot plans, elevations, and floor plans shall be submitted reflecting these changes. The final subdivision map shall be consistent with the revised design. 10. That the applicant, at the discretion of the • Bluffs Homeowners Community Association, shall construct five additional offstreet parking spaces in bays located within the common area of Tract 5435. 11. That the applicant shall enter into.an agree - ment and post a bond with the Bluffs Homeowners Community Association guaranteeing the repair of all damage to the private street system created by the construction operation. 12. That no workmen shall begin work prior to 8:00 A.M., and that no power equipment shall be started prior to 8:00 A.M. on Monday through Friday. Other days shall correspond to the City ordinance. 13. That all storage or trash areas shall be shielded from view within a building or withi an area enclosed by a wall not less than 6 feet in height. 14. That all applicable conditions of approval for the tentative map of Tract No. 8681 and No. 8682 shall be fulfilled. • 15. Haul routes for removal of excavation materia shall be reviewed and approved by the Community Development Department. Page 25. COMMISSIONERS m i� m Y� m < Z A A N �, re„ T Mav 1 CITY OF NEWPORT BEACH 1975 MINUTES Motion X Motion was made recommending to the City Council Ayes X X X X X X that the Tentative Maps of Tracts 8681 and 8682 be Absent X approved, based on the same findings as determined under approval of Use Permits 1730 and 1731, subject to the following conditions: 1. That all applicable conditions of approval for Use Permit Nos. 1730 and 1731 shall be ful- filled. 2. Parkway trees shall be planted on Vista del Oro in accordance with the Department of Parks Beaches and Recreation specifications. 3. Fire hydrants shall be provided at the ends of Encina and Esplanade. 4. That all public improvements be constructed as required by ordinance and the Public Works Department. 5. That Section 19.20.110 of the Subdivision Ordinance requiring that lots abut on a street be waived in accordance with the • provisions of Section 19.32.030 provided that adequate access is furnished. 6. That Section 19.20.110 of the Subdivision Ordinance regarding size and shape of lots be waived in accordance with the provisions of Section 19.32.030. 7. That the requirement for a perimeter of public streets be waived in accordance with the provisions of Section 20.50.080 of the Zoning Code. 8. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived pro- vided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department. 9. That the boundary of the final tract map be checked by the County Surveyor before being submitted to the City for approval. 10. That all grading be in accordance with grading plans and soils reports approved by the City . Grading Engineer and a qualified Soils Enginee . Upon completion of the grading, the Civil Engineer and the Soils Engineer shall certify that the grading has been completed according Page 26. I..VMM1D31UNtKD - C:IIY Vh NtWNVKI 5tAC:H T T £ yZ m < T RAU ca« m Mav 1. 1975 MINUTES luncv Commissioner Agee advised of his reluctant support of the proposed development because he had hoped. something would occur which would allow the sites to remain as .open space. He also voiced concern with the possible misrepresentation contained in the brochure. Commissioner Hazewinkel returned to the dais. • Page 28. COMMISSIONERS m v A 0 CALL • n U CITY OF NEWPORT BEACH MINUTES May 1, 1975 Request to Waive Conditions of Approval in connec- Item #16 USE tion with Use Permit No. 1694. (Discussion) PERMIT 1694 Location: Portion of Lots 3, 4, and 5, Block 2, Seashore Colony Tract, located CONDI- at 6204 West Coast Highway, on the TIONS northerly side of West Coast High- WAIVED way between 62nd Street and FOR Prospect Street, adjacent to INTERIM Newport Shores. (Spaghetti Bender) CONSTRN. Zone: S.P. -4 Applicant: Joyce Hoskinson, Huntington Beach Owner: Same as Applicant Staff advised that notice had been given to the homeowners associations in connection with this request and they have indicated their opposition to.same by letter dated April 24, 1975. Joyce Hoskinson, applicant, appeared before the Commission and questioned the abandonment of 62nd Street. City Engineer Nolan advised that the Specific Area Plan called for the abandonment of 62nd Street provided properties adjacent thereto and served by 62nd Street were combined in such a manner as to eliminate the need for 62nd as a public street. However, it is not known as this time whether or not the abandonment will take place. Joyce Hoskinson requested that the condition requiring improvements to 62nd Street be waived in view of the unknown factor regarding abandon- ment. Planning Commission discussed Condition No. 4 which was imposed on Use Permit No. 1694 and the requirement for posting an agreement and surety bond. City Engineer Nolan advised that if the require- ments for posting an agreement and bond were waived, the guarantee for future construction would be lessened, although not eliminated completely. Page 29. ` I COMMISSIONERS CITY OF NEWPORT BEACH n m � Z A P N ANN reii m Mav 1. 1975 MINUTES Joyce Hoskinson advised of her difficulty to obtain the surety bond because of being unable to obtain financing at this time. Staff advised it was their understanding that the waiver of the conditions was not for the final construction, but only for the interim construc- tion. Several Commissioners were concerned that the final construction may not take place, while others felt that the interim construction was only for a short period of time and the use permit would again be reviewed in 18 months. Motion X Following discussion, motion was made to authorize the staff to issue the building permit to allow the interim construction in connection with the previously approved Use Permit No. 1694 and to waive Conditions Nos. 4, 8, 11, and 12, only as they pertain to the interim construction. Commissioner Beckley commented on the views of • the homeowners association and their desires to upgrade the area through good planning which should not be discarded because of financial difficulty. Ayes X X X X X Following clarification of the motion, vote was Noes X X taken and motion carried. There being no further business, Planning Commission adjourned the meeting. Time: 2:00 A.M JAMES . PARKER, Secretary Planning Commission City of Newport Beach Page 30.