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HomeMy WebLinkAbout06/03/1976COMMISSIONERS CITY OF NEWPORT BEACH m o 10 m > M Regular Planning Commission Meeting < 0 a a Place: City Council Chambers m Time: 7:00 P.M. troll CALL i Date: June 3, 1976 Present Absent 0 tion ;ent MINUTES INDEX X X X X X x 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 Shirley Harbeck, Secretary Minutes of the regular meeting of May 20, 1976, were discussed and approval was continued pending revisions to the testimony given by John Worley in connection with Variance No. 1058. Item #1 Request to establish one building site and el.imi- RESUB- nate an interior lot line where two lots now exist DIVISION so as to permit interior and exterior remodeling N6_.52T_ of the existing structures on the property. APPROVED Location: Lots 23 and 24, Block 225 of Lan - CONDI- caster's Addition, located at 2811 - TID—NNULY 2813 Villa Way, on the southwesterly side of Villa Way between 28th Street and 29th Street in Cannery Village. Zone: M -1 Applicant: Ruth D. Miller, Newport Beach Owner: Same as Applicant Public hearing was opened in connection with this matter and there being no one desiring to appear and be heard, the public hearing was closed. X Motion was made that Planning Commission make the X X X X following findings: X X 1. That the proposed map is consistent with applicable general and specific plans. Page 1. COMMISSIONERS m x m > x N ROLL CALL Z 0 0 CITY OF NEWPORT BEACH MINUTES June 3, 1976 INDEX 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause substan- tial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 8. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. and approve Resubdivision No. 521, subject to the following conditions: 1. That a parcel map be filed. 2. That building permits be obtained for all improvements on the site. Item #2 Request to adjust lot lines on three attached RESUB- single family residential lots in the Planned DIVI5I0' Community of "Jasmine Creek." NT. nT Location: Lots 64, 65 and 66, Tract No. 8425, APPROVE located at 15, 17 and 19 Mainsail C Drive, on the easterly side of TIONALL Page 2. COMMISSIONERS CITY OF NEWPORT BEACH m ? m p MINUTES N ROLL CALL i June 3, 1976 INDEX Mailsail Drive, on the easterly side of Jasmine Creek Drive in the Planned Community of "Jasmine Creek." Zone: P -C Applicant: M. J. Brock & Sons, Inc., Los Angeles Owner: The Irvine Company, Newport Beach Engineer: Ervin Engineering, Los Angeles Community Development Director Hogan commented on the ridge height and the intent of the developer to construct the dwellings below that approved. He recommended the addition of a condition which would require that the established ridge height of 286 feet be maintained and made a part of the resubdivision map in order that it would not be lost for future reference. • Public hearing was opened in connection with this matter. Larry Olin appeared before the Commission on behalf of M. J. Brock & Sons and concurred with the staff report and recommended conditions including the one pertaining to ridge height. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make the Ayes X Y X X following findings: Absent X X 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the • proposed density of development._ 5. That the design of the subdivision or the proposed improvements will not cause substan- Page 3. COMMISSIONERS T S 9 N CITY OF NEWPORT BEACH 1 T m A • � A 0 ROLL CALL z June 3, 1976 0 MINUTES IAIRCV tial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed improvements are not likely to cause j serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 8. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed by a California Regional Water Quality Control Board Pursuant to Division 7 (commencing with Section 1300) of the Water Code. and approve Resubdivision No. 522, subject to the following conditions: 1. That a Parcel Map be filed. 2. That the maximum ridge height of 286 feet be maintained and made a part of the resubdivision map. Item #3 Request to amend the Planned Community Development AMENDMEN Plan for "Koll Center Newport" to permit changes NU—.-46-6 in the Land Use Map and Text, and the acceptance of an Environmental Document. APPROVED RES. Location: The Planned Community of "Koll NN -952 Center Newport," bounded by Jamboree Road, Campus Drive and MacArthur Boulevard. Zone: P -C Applicant: Koll Center Newport Owner: Same as Applicant Public hearing was opened in connection with this matter. Page 4. COMMISSIONERS T CITY OF NEWPORT BEACH m I m MINUTES N nou CALL i June 3, 1976 INDEX Tim Strader, General Partner with Koll Center Newport, appeared before the Commission and concurred with the staff report including the conclusions and recommendations contained therein. 'There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that the negative declaration be Ayes X X X X certified and that Resolution No. 952 be adopted Absent X X recommending to the City Council the approval of Amendment No. 466 with the following additional changes: 1. Paragraph 5.e.10. shall be amended to read: "A traffic signal shall be installed at the .intersection of Von Karman and Birch Street, . with the developer to be responsible for 100% of the cost. Construction shall be scheduled so that the signal will be completed not later than June 30, 1977." • 2. Paragraph 5.e.11. shall be amended to read: "A traffic signal shall be installed at the intersection of Von Karman and Campus Drive, with the developer to be responsible for 50% of the cost. Construction shall be scheduled so that the signal will be completed not later than December 30, 1976. "A traffic signal shall be installed at the intersection of Jamboree Road and Birch Street, with the developer to be responsible for 50% of the cost. Construction shall be scheduled so that the signal will be completed not later than June 30, 1977. i "In order to accomplish the schedule for construction of these two signals, a coopera- tive agreement may be entered into between the developer and the City. The agreement shall provide for the developer to advance the non - developer share of the funding, if necessary; with provision for reimbursement by the City. The agreement may also provide for a credit to the developer for funds advanced for the City's share of construction costs for signals • constructed elsewhere in the project." Page 5. COMMISSIONERS Ym X M1 1 P f N ROLL CALL i • • CITY OF NEWPORT BEACH MINUTES June 3, 1976 INDEX Request to waive a portion of the required parking- Item #4 USE spaces in conjunction with the expansion of the PERMIT 1791 Tradewinds Liquor- Grocery complex on the property. The proposed development also includes the conver- sion of the existing automobile service station APPROVE into a restaurant facility on the site. The CONDI- proposed development also requires a modification TIONALL for the existing service station building which encroaches to the northerly side property line (where the Development Standards.for Specific Area Plan No. 4 now require a 5 foot side yard setback when a commercial lot abuts upon the side of a lot in a Residential Development Area). The proposed development requires a modification from the size and location requirements for two parking spaces and a modification from the required dimensions for landsc4ped planters. Location: A portion of Lots 3 and 14 and Lots. 4, 5, 12, and 13, Block 7 of the Seashore Colony Tract Addition and a portion of an alley that is pro- posed to be abandoned, located at 6700 and 6710 West Coast Highway, on the northerly side of West Coast Highway between Orange Street and Colton Street in Newport Shores. Zone: Specific Area Plan No. 4 Applicant: Charles B. Baur, Newport Beach Owner: Charles, Dreana, Edward and Mary Baur, Newport Beach Chairman Beckley clarified the items being request- ed under this application, i.e., waiver of parking, conversion of a gas station into a restaurant, modification for encroachment into the side yard, and modification of the size of parking and land- scape planters. Community Development Director Hogan advised of an additional condition recommended by the staff which would provide that no tables or chairs be installed in connection with the delicatessen in order to preclude conversion into a restaurant use. Public hearing was opened in connection with this matter. Page 6. COMMISSIONERS T 1 '0 N CITY OF NEWPORT BEACH ➢mz �, 1x � • A A MINUTES N ROLL CALL i June 3, 1976 INDEX George Wiseman, Architect, 833 Dover, appeared before the Commission on behalf of the applicant and concurred with the staff report and recommenda- tions. He commented on the revisions which have been made to the plan as a result of staff recom- mendations and presented a petition containing i over 500 names of people in favor of the proposed project. Mr. Wiseman answered questions of the Commission relative to the anticipated impact of the delicatessen. City Engineer Nolan pointed out that the resub- division was contingent upon the successful completion of the alley abandonment which is contemplated by Specific Area Plan No. 4. Vic. Bishop, 207 Colton, owner of the adjacent property, appeared before the Commission and advised that while basically he had no objections to the overall plan, he was definitely opposed to the abandonment of the alley because it provided_ access to his garage at times when access from • the northerly end of the alley was blocked by parked cars. He was advised that parking in alleys was prohibited and was a matter for the police. Mr. Bishop voiced reluctance in having to call the police on his neighbors. At this point the Planning Commission discussed the abandonment of the alley including whether or not it was specifically recommended in the Specific Area Plan. The traffic circulation system contain - ed in Specific Area Plan No. 4 was briefly reviewed. It was pointed out that this particular alley was not specifically mentioned in the text, however, the map of the plan which was made a part of the text by reference did not include an alley at the location in question. Mr. Bishop also commented on the narrow width of Colton and suggested that parking be eliminated either by prohibiting overnight parking or install-. ing red curb. Staff suggested that Mr. Bishop contact the Traffic Engineer and the Traffic Affairs Committee in connection with this matter. Chairman Beckley questioned whether or not the. plans could be revised to include the continuation • of the alley and Mr. Wiseman indicated that could be done, however, it would mean the loss of park -, ing or reducing the size of the remaining spaces. Along this same line, Community Development Direct r Page 7. COMMISSIONERS CITY OF NEWPORT BEACH - • < A A MINUTES w Qou ceu i June 3, 1976 INDEX Hogan advised that the above discussed revision appeared to be the same as the plan originally submitted by the applicant and subsequently revised at the staff's recommendation in order to comply with the intent of Specific Area Plan No. 4 as . interpreted by the staff. Commissioner Seely voiced concern with the effect of leaving the alley open and although he was sympathetic to Mr. Bishop's problem, felt that the reason for closing the alley to through traffic as recommended by Specific Area Plan No. 4 was to provide better circulation. He also commented on the hazard of providing an alley through a commer- cial complex such as this, and felt that the problems surrounding access to garages from the northerly end of the alley were Code and parking enforcement problems and should not govern the. implementation of the Specific Area Plan. 0. C. Rich, President of the Newport Shores Home- owners Association appeared before the Commission • and advised that a number of people who use the alley in question do not want it closed. He advised that the present Board of Directors feel that closing some of the streets and alleys as indicated by the Specific Area Plan was not as desirable now as when the plan was originally proposed and that the number of people using the streets for beach parking during the summer was not taken into consideration when the plan was originally established. He felt that the proposed development would be an improvement to the area but that access to Newport Shores should not be as limited as provided in Specific Area Plan No. 4. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed abandonment of the alley and whether or not any action to retain the alley would be contrary to Specific Area Plan No. 4. Commissioner Beckley advised of.his intention to make a motion which would approve this use permit but require that the alley remain open and the project be redesigned in such a manner as to • relocate the parking which would be affected. Commissioner Seely reiterated his concerns regard- ing the alley and felt that the abandonment was Page 8. COMMISSIONERS CITY OF NEWPORT BEACH • A MINUTES o June 3, 1976 oni i rel I 7 IY,FY appropriate and could find no justification for leaving the alley open. He favored the applicant's proposal and was hesitant to making any changes in the plan. Motion X! Motion was made that Planning Commission make the i finding that the Specific Area Plan does permit i this particular alley to be left open by virtue of the fact that it was not mentioned as one of those to be closed, in addition to the other findings recommended in the staff report, and that Use Permit No. 1791 be approved together with the requested modification allowing. the encroachment into the side yard and the.modification to. the Size and location of parking and size of landscape planters, subject to the condition that the pro - ject be redesigned to reflect that the alley remain open and subject to the conditions recom- mended in the staff report, including the additional condition that no tables or chairs shall be instal- led in connection with the delicatessen. • Commissioner Seely voiced his opposition to the motion as previously stated and was prepared to approve the project provided the alley was closed. Commissioner Heather was opposed to the motion because she felt closing the alley was in conflict with the Specific Area Plan and went against the orderly plan for ingress and egress. However, as a compromise, she was willing to continue the matter for further input from the Public Works Department and the Traffic Engineer as to whether or not opening the alley would be in violation of the original concept of the Specific Area Plan. Commissioner Beckley felt that the alley was not thoroughly considered in the original plan, that . the homeowners association wanted the access left open, that the architect indicated revisions were possible, and that the access problem outlined by Mr. Bailey would be solved. Ayes X Following discussion, the motion was voted on and Noes X X X failed. Absent X X X A new motion was made that Planning Commission MIion S X X X X make the following findings: Absent X X 1. That the proposed uses are consistent with the Land Use Element of the General Plan, and Page 9. COMMISSIONERS ; um, CITY OF NEWPORT BEACH m o m r� M m L m i A p MINUTES • N ROLL CALL t June 3, 1976 INDEX Specific Area Plan No. 4, and are. compatible with surrounding land uses. 2. The project will not have any significant I environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. Adequate offstreet parking spaces are proposed i in conjunction with the proposed development, since the required parking spaces for the restaurant facility and the retail space in the expanded liquor - grocery store are being provided. The waiver of three parking spaces is only for a portion of the storage- freezer space in the liquor store. The extensive upgrading of the site will more than compensate for the reduction of the three required parking spaces. 5. That the establishment, maintenance or opera- • tion of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighbor- hood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifications are consistent with the legislative intent of Title 20 of this Code. 6. The approval of Use Permit No. 1791 will not, . under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detri- mental or injurious to property and improve -, ments in the neighborhood or the general welfare of the City. and approve Use Permit No. 1791, together with the modification allowing the building to encroach into the northerly side property setback, as well as the modifications from size and location require- ments for two parking spaces and from the required • dimension for landscape planters, subject to the. following conditions: 1. That development shall be in substantial Page 10. COMMISSIONERS Le CITY OF NEWPORT BEACH �0% f YI MINUTES N onu reii 0 June 3, 1976 INDEX conformance with the approved plot plan and elevations, except that the "take -out" window in the delicatessen area of the liquor- grocery complex shall be eliminated. 2. That all exterior lighting and signs shall be approved by the Director of Community Develop- ment. 3. That all mechanical equipment and trash areas shall be screened from public streets or adjoining properties. 4. That kitchen exhaust fans in the restaurant shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. In addition, the kitchen hood system shall have an automatic fire protection system installed. 5. That a landscape plan shall be submitted to and approved by the Director of Parks,.Beaches . and Recreation. Said landscaping shall be implemented in accordance with the approved plan, and the landscaping shall be permanently maintained. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system and shall be separated from the adjoining vehicular way by a curb not less than six (6) inches in height. The landscaping shall be designed to provide . adequate site distance for vehicles entering or leaving the site. The area indicated as "future landscape" on the plot plan in front of the existing liquor store shall be landscaped in accordance with the approved landscape plan at such time as. the street improvements along West Coast Highway are completed. The required landscape buffer area across Colton Street adjacent to West Coast Highway shall also be landscaped in accordance with the approved landscape plan. 6. That the restaurant facility shall not be open for business prior to 8:00 A.M. or after 11:00 P. M. 7. That the approval of the restaurant facility shall be for a period of two years, and any Page 11. COMMISSIONERS CITY OF NEWPORT BEACH ROLL CALL i June 3, 1976 is MINUTES INDEX extension shall be subject to the approval of the Modifications Committee. 8. That all applicable conditions of approval fora i Resubdivision No. 520 shall be fulfilled. i 9. That no tables or chairs shall be installed in connection with the delicatessen. Item #5 Request to establish one building site and.elimi- RESUB- nate interior lot lines where four lots, portions DIVISION of two other lots, and a portion of a 10 foot wide -5-� alley that is proposed to be abandoned now exist . so as to permit the conversion of an existing APPROVED automobile service station into a restaurant CONDI- - facility on the property. The proposed develop -. TIONALLY ment also includes the conversion of an existing duplex into additional storage space for the Tradewinds Liquor- Grocery complex on the site. Location:, A portion of Lots 3 and 14 and Lots 4, 5, 12, and 13, Block 7 of the Seashore Colony Tract Addition and a portion of an alley that is pro- posed to be abandoned, located at 6700 and 6710 West Coast Highway, on the northerly side of West Coast Highway between Orange Street and Colton Street in.Newport Shores. Zone: Specific Area Plan No. 4 Applicant: Charles B. Baur; Newport Beach Owner: Charles, Dreana, Edward and Mary Baur, Newport Beach Public hearing was opened in connection with this matter. George Wiseman, Architect, appeared before the . Commission and concurred with the staff report_. and recommendations. There being no others desiring to appear and be heard, the public hearing was closed. Page 12. COMMISSIONERS CITY OF NEWPORT BEACH • T A /MINUTES N Itou ceu i June 3, 1976 IN DEY Motion X Motion was made that Planning Commission make the Ayes X X X X following findings: Absent X X 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed . subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause substan- tial environmental damage or substantially and avoidably injure fish or wildlife o.r their habitat. • 6. That the design of the_subdivisi.on or the .proposed improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 8. That the discharge of waste from the proposed subdivision will not result in or-add to any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code.. and approve Resubdivision No. 520, subject to the following conditions: 1. That the approval of this resubdivision be . contingent upon the vacation, abandonment, and closing up of the existing ten -foot wide public alleyway traversing the property. 2. That a parcel map be filed. 3. That a 15 foot radius corner cutoff be dedi- cated for public street and highway purposes . at the intersection of West Coast Highway and Orange Street. Page 13. COMMISSIONERS T S 9 N CITY OF NEWPORT BEACH m • r< 0 A a w ROLL CALL i June 3, 1976 MINUTES INDEX That additional right -of -way dedication along 1 14. West Coast Highway be waived as the widening is planned on the southerly side. j15. That all improvements be constructed as requir- ed by ordinance and the Public Works Department. 6. That curb and gutter and sidewalk be constructed along Colton Street and that the decorative . j I screen fence be extended across Colton Street so as to sever the direct vehicular connection between Colton Street and West Coast Highway in accordance with the Newport Shores Specific .Area Plan. 7. That curb and gutter, sidewalk, and associated street pavement be constructed along Orange Street. 8. That a standard subdivision agreement and security be provided to guarantee satisfactory completion of the public improvements required . along Colton and Orange Streets if it is desired to obtain building permits or record the parcel map before the improvements are constructed. 9. That the subdivider be responsible for complet- ing the remaining public improvements along West Coast Highway (including curb and gutter, street pavement widening, st.reet lights, and sidewalk). The construction of such improve- ments may be deferred to an appropriate date as determined by the City provided that the subdivider executes an appropriate agreement with accompanying security covering the obligations. 10. That the exact location and configuration of the two driveway approaches to Colton street and the one driveway approach to West Coast Highway shall be subject to the review and approval of the Public Works Department. Page 14. COMMISSIONERS m m m R• CALL • Motion A s *ent CITY June 3, 1976 OF NEWPORT BEACH MINUTES INDEX Item #6 Request to consider an amendment to the Harbor AMENDMEN View Hills Planned Community Text relative to 2 CITY June 3, 1976 OF NEWPORT BEACH MINUTES INDEX Item #6 Request to consider an amendment to the Harbor AMENDMEN View Hills Planned Community Text relative to N0. 467 setbacks. APPROVED Initiated by: The City of Newport Beach RES. N0. 953 Community Development Director Hogan reviewed the staff report for the purpose of clarification and advised that Section IV of the Planned Community i text pertained to property north of San Joaquin Hills Road, east of MacArthur. Boulevard and south of Ford Road; Section V of the Planned Community text pertained to property in the Spyglass Hills and New Bren Tracts; and Section VI of the Planned Community text pertained to Sector 4 or Area 11. 1 Public hearing was opened in connection with this matter. J. R— Blakemore appeared before the Commission and questioned the basis for allowing 5 foot side yard setbacks; 8 foot fences, hedges, walls and trellis areas; and 2, foot projections for cornices and eaves into setbacks. Assistant Community Development Director Hewicker explained.that the 5 foot side yard setback reflected the existing construction; the 8 foot height for fences, hedges and walls was not a new requirement but has been in the Planned Community text for quite some time and is shown only for . the sake of continuity; the 8 foot height for trellis areas has been included and is more restrictive than previously required; and the 2k foot projections allowed for cornices and eaves was the same as that permitted throughout the City by the Municipal Code. Staff also pointed out that this amendment would provide requirements the same or more restrictive than those already existing in the Planned Community text. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that Planning Commission adopt X X X X Resolution No.. 953, recommending to the City X X Council the approval of Amendment No. 467, pertaining to the Harbor View Hills Planned Community Text. Page 15. COMMISSIONERS 1 "o N 1 4 A m A • � A N ROLL CALL 2 Motion Ayes Absent Motion Ayes lent C] CITY OF NEWPORT BEACH . MINUTES June 3. 1976 INDEX Item #7 Request to consider an amendment to Title 19 and AMENDMENI Title 20 of the Newport Beach Municipal Code as NO. 468 they relate to permit filing fees. APPROVED Initiated by: The City of Newport Beach I Public hearing was opened in connection with this matter and there being no one desiring to appear If and be heard, the public hearing was closed. Xi X X X X Motion was made that Planning Commission recommend to the City Council the approval of Amendment No. X !X 468. (ADDITIONAL BUSINESS: i X Planning Commission adopted Resolution No. 954, SET X; X X X setting a public hearing for July 1, 1976, to PUBLIC X1 X consider amendments to the Big Canyon Planned HEARING Community Text and the Jasmine Creek Planned Community Text relative to setbacks. i Commissioner Seely requested and received permis- sion to be absent from the meeting of July 15, 1976. There being no further business, Planning Commis- sion adjourned the meeting. Time: 8:55 P.M. AMES M. RKER, Secretary Planning Commission City of Newport Beach Page 16.