HomeMy WebLinkAbout06/04/1992COMMISSIONERS
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REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M.
DATE: June 4, 1992
CITY OF NEWPORT BEACH
MINUTES
ROLL CALL
INDEX:
Present
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Commissioner Gross was absent. -
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Absent
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EX- OFFICIO OFFICERS PRESENT:
James Hewicker, Planning Director
Robin Flory, Assistant City Attorney
William R. Laycock, Current Planning Manager
Rich Edmonston, City Traffic Engineer
Dee Edwards, Secretary
Minutes of May 21, 1992:
Minutes
of 5/21/9
Motion'
*
Motion was made and voted on to approve the May 21, 1992,
Ayes.
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Planning Commission Minutes. MOTION CARRIED.
Abstain
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Absent
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Public Comments:
Public
Mr. Bob McCaffrey, 1410 South Bay Front, stated that after
Comments
contacting City officials it was his opinion that at no time was a
study done to establish the fire needs on Balboa Island, and he
suggested an independent study by a professional company to find
out what the needs are and where the City's money is best spent.
James Hewicker, Planning Director, responded that he was not
aware of a study inasmuch as the Fire Department would
administer said study.
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Posting of the Agenda:
Posting
of the
James Hewicker, Planning Director, stated that the Planning
Agenda
Commission Agenda was posted on Friday, May 29, 1992, in front
of City Hall.
s : :
Request for Continuances:
Request
for
James Hewicker, Planning Director, requested that Item No. 3,
Continuanc
regarding the Circulation Improvement and Open Space be
continued to the June 18, 1992, Planning Commission meeting.
toion
Motion was made and voted on to continue Item No. 3 to the June
.Ayes
nt
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18, 1992, Planning Commission meeting. MOTION CARRIED.
s s s
Use Permit No. 3445 (Public Hearing)
Item No.l
Request to permit the establishment of an outdoor restaurant with.
UP3445
incidental interior dining with on -sale beer and wine on property
located in the C-O -H District; and a request to waive a portion of
Approved
the required off - street parking spaces.
LOCATION: Lot 6, Tract No. 4824, located at 1104 Irvine
Avenue, on the southeasterly side of Irvine
Avenue, between Westcliff Drive and
Mariners Drive, in the Westcliff Shopping
Center.
ZONE: C -O-H
APPLICANT: Tim Aspel, Irvine
OWNER: The Irvine Company, Newport Beach
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Commissioner Edwards addressed the request to waive parking
requirements, and he asked what consideration was taken to
contact the tenants in the area. James Hewicker, Planning
Director, stated that staff did not contact the tenants in Westcliff
Plaza; however, public notices were mailed to owners of property
located within 300 feet of the subject property. Mr. Hewicker
stated that parking has been waived for other food establishments
in Westcliff Plaza, and the issue of parking has not been a previous
concern. He further replied that staff has not received any
concerns regarding the subject request. Commissioner Merrill
commented that a public notice was also posted on the subject
property.
The public hearing was opened in connection with this item, and
Mr. Tim Aspel, applicant, appeared before the Planning
Commission. In response to a question posed by Chairman Di
Sano, Mr. Aspel concurred with the findings and conditions in
Exhibit W, as requested by the applicant.
In response to a question posed by Commissioner Edwards, Mr.
Aspel stated his restaurant background.
Mr. Aspel referred to the staff report wherein staff suggested a
minimum 10 foot wide passage between the landscape planters and
the proposed outdoor dining area, and he stated that he would
prefer that the 10 foot wide areas be reduced to 8 feet so as to
provide a wider area for the outdoor dining area. In response to
a question posed by Chairman Di Sano, Mr. Aspel reluctantly
agreed to staff's recommendation of a 10 foot wide clearance.
In response to questions posed by Commissioner Merrill, Mr.
Hewicker explained that a public safety standard does not currently
exist, and approximately 15 feet exists between the front of the
building and the existing landscape planters.
Mr. Aspel stated that the property owner has agreed to remove the
existing wood benches that are attached to the landscape planters.
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There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion
Motion was made to approve Use Permit No.3445 subject to the
findings and conditions in Exhibit W.
Commissioner Glover supported the motion on the basis that the
establishment would be an asset for the shopping center.
Chairman Di Sano supported the motion. He stated that he would
prefer staffs suggestion of minimum 10 foot wide pedestrian
passages; however, he also supported the need for the
establishment at the shopping center. He referred to Condition
No. 17 wherein it is stated that the Planning Commission may
review the use permit if it is determined that the operation is a
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detriment to the community.
Commissioner Pomeroy stated that good planning is geared around
utilizing services in neighborhoods where the services are planned,
and Westcliff Shopping Center is currently not being adequately
used.
Ayes
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Motion was voted on to approve Use Permit No. 3445, MOTION
-
Absent
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CARRIED.
FINDINGS:
1. The proposed restaurant is consistent with the General Plan
and is compatible with surrounding land uses.
2. The project will not have any significant environmental
impact.
3. That the proposed restaurant use can be adequately served
by existing on -site parlang.
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4. That the design of 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
development.
5. That public improvements may be required of the developer
in accordance with Section 20.80.060 of the Municipal Code.
6. That the waiver of development standards as they pertain to
parking lot illumination, walls, landscaping, and a portion of
the required parking (9 spaces) will not be detrimental to
the adjoining properties given the developed characteristics
of the existing facility.
7. That the approval of Use Permit No. 3445 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.
CONDITIONS:
1. That the proposed development shall be in substantial
conformance with the approved plot plan, floor plans and
perspective elevation.
2. That all signs shall conform to the provisions of the Sign
Code.
3. That the development standards as they pertain to walls,
landscaping, parking lot illumination, and a portion of the
required parking (9 spaces) shall be waived.
4. That a washout area for refuse containers be provided in
such a way as to allow direct drainage into the sewer system
and not into the Bay or storm drains unless otherwise
approved by the Building Department and the Public Works
.
Department.
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5. That grease interceptors shall be installed on all fixtures in
the restaurant where grease may be introduced into the
drainage systems, unless otherwise approved by the Building
Department and the Public Works Department.
6. That kitchen exhaust fans shall be designed to control
smoke and odor to the satisfaction of the Building
Department.
7. That dancing or live entertainment shall not be permitted in
conjunction with the restaurant facility unless an amendment
to this use permit is approved by the Planning Commission.
8. That no outdoor sound system shall be utilized on -site, and
that any recorded music shall be confined to the interior of
.:
We building.
9. That all restaurant employees shall be required to park on-
site at all times during the time which the restaurant is
operating.
10. That no temporary "sandwich" signs shall be permitted,
either on -site or off -site, to advertise the restaurant facility.
11. That all trash areas and mechanical equipment shall be
shielded or screened from public streets and adjoining
properties.
12. That 14 parking spaces shall be provided on -site to serve the
proposed facility.
13. That the required number of handicapped parking spaces
shall be designated within the on -site parking area and shall
be used solely for handicapped self- parking. One
handicapped sign on a post and one handicapped sign on
the pavement shall be required for each handicapped space.
14. That the service of beer and wine shall be incidental to the
serving of meals.
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15. That the hours of operation shall be limited between the
hours of 11:00 am. and 10:00 p.m. daily, unless an amended
use permit is approved by the Planning Commission.
16.. That all improvements be constructed as required by
Ordinance and the Public Works Department.
17. That the Planning Commission may add or modify
conditions of approval to the use permit, or recommend to
the City Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit, causes injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare of the
community.
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18. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach.
Use Permit No. 3446 (Public Hearing)
item mo.2
Request to permit the construction of a second dwelling unit
UP3446
(Granny Unit) on property located in the R -1 District in
accordance with Chapter 20.78 of the Municipal Code that permits
Approved
a second dwelling unit (Granny Unit) if said residence is intended
for one or two persons who are 60 years of age or older.
LOCATION: Lot 23, Block 31, Newport Heights, located at
505 Santa Ana Avenue, on the northwesterly
side of Santa Ana Avenue, between Clay
Street and Fifteenth Street, in Newport
Heights.
ZONE: R -1
APPLICANT: Renato Trotta, Newport Beach
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OWNER: Jacquelyn Connolly, Newport Beach
Commissioner Glover asked if the Granny Unit Ordinance states
that if there is a vacancy in a Granny Unit that the property owner
is required by law to advertise the vacancy? James Hewicker,
Planning Director, replied to the negative. Commissioner Glover
determined that if the individual that was originally residing in the
Granny Unit no longer is living in the unit then a vacant Granny
Unit exists, and the City is no longer fulfilling the State's
requirement unless it is in the Ordinance that the Granny Unit
must be advertised indicating that a vacancy exists. She said that
the Granny Unit is required to fulfill requirements for the elderly,
and unless the unit is occupied, the City is not providing what is
required by law. Mr. Hewicker explained that the City did not
anticipate when the Granny Unit Ordinance was adopted that the
intent would be for the unit to remain unoccupied. He said that
the existing vacancies are because the previous occupants are
deceased.
Commissioner Pomeroy stated that the purpose of the Granny Unit
Ordinance was primarily to allow housing of elderly family
members within a family unit and still maintain a separate living
environment. He pointed out that the City Council has denied
Granny Units because the property owner could not be more
specific as to the elderly person that was going to reside in the unit.
The public hearing was opened in connection with this item, and
Mr. Renato Trotta, applicant and architect for the property owner,
appeared before the Planning Commission. Mr. Trotta concurred
with the findings and conditions in Exhibit "A", as submitted by the
applicant, and he did not agree with the findings and conditions in
Exhibit 'B ", incorporating the suggestions of staff Mr. Trotta
expressed the property owner's opposition to Condition No. 2,
Exhibit 'B ", stating That the existing two -car garage shall be widened
to provide a minimum clear interior width of 17 feet 6 inches as
required by Code., and the expense that would be incurred to
comply with Condition No. 2.
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In response to questions posed by Commissioner Debay, Mr. Trotta
explained that the property owner owns two automobiles. The
garage is presently being used partly as storage inasmuch as the
owners recently moved into the house, and they are currently
unpacking their belongings. Commissioner Debay stated that the
City wants to be assured that two automobiles can be parked in the
garage, and an additional parking space will be provided.
In response to a question posed by Chairman Di Sano, Mr. Trotta
reluctantly agreed with Exhibit "B ".
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
In response to a concern expressed by Commissioner Debay,
William L aycock, Current Planning Manager, explained that before
the City required that parking spaces be 17 feet 6 inches wide for
a two car garage, parking spaces were required to be 16 feet wide
by 20 feet deep. The subject garage is legal nonconforming, and
two automobiles should be able to fit in the existing two car garage.
Commissioner Pomeroy indicated that a 16 foot wide garage would
accommodate two automobiles, and he suggested not to put a
financial burden on the property owner.
Motion
Motion was made to approve Use Permit No. 3446 subject to the
findings and conditions in Exhibit "A ".
Chairman Di Sano addressed his concerns regarding the parking
situation.
In response to a question posed by Commissioner Debay, Mr.
Trotta reappeared before the Planning Commission wherein he
replied that the occupant of the Granny Unit would be the
property owner's mother. He assured Commissioner Debay that he
would indicate to the property owner that it is imperative that the
two automobiles be parked in the garage, that an automobile would
not be parked on the street, and the garage would not be used for
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long -term storage.
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In response to a question posed by Chairman Di Sano, Robin
Flory, Assistant City Attorney, explained that the Ordinance states
that the parking spaces that exist be maintained accessible and
usable for vehicular storage. There is no requirement to make
individuals park their vehicles in said parking spaces.
In response to a question posed by Commissioner Edwards, Mr.
Trotta explained that the property owner's daughter is also a
resident on the property.
In response to a question posed by Commissioner Debay, Mr.
Trotta replied that the property owner's mother does not drive
although she owns an automobile.
Commissioner Merrill and Ms. Flory addressed the feasibility of
enforcing the use of the parking spaces through the use permit
process for a Granny Unit. Mr. Hewicker asked if the City could
adopt an Ordinance requiring a property owner to utilize required
on -site parking spaces for vehicular storage. Mr. Hewicker
explained that the regulation would only be enforced when the
condition is required. Commissioner Pomeroy suggested that the
foregoing be brought to the Planning Commission as a discussion
item at a future Planning Commission meeting.
Commissioner Glover stated that she would not support the
motion. She stated that individuals cannot be forced to park their
automobiles in a garage. She based her decision on the fact that
it is questionable whether or not adequate parking would be
provided, and the Granny Unit is an intrusion on property rights
whereby residences in the R -1 District are being destroyed by
allowing two dwelling units in single family areas. She stated that
property owners are not aware that Granny Units are allowed in
the neighborhoods.
Ayes
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Motion was voted on to approve Use Permit No. 3446 subject to
No
the findings and conditions in Exhibit 'W'. MOTION CARRIED.
Absent
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Findings:
1. That the proposed use is consistent with the Land Use
Element of the General Plan, and is compatible with
surrounding land uses.
2. The project will not have a significant environmental impact.
3. That the design of the development 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 development.
4. That the width of the existing garage is adequate to
accommodate two vehicles.
.
5. That the approval of the modification to the Zoning Code
so as to maintain an interior width of 16 feet 6 inches in a
two car garage will not, under the circumstances of this
particular case, be detrimental to the health, safety, peace,
comfort, and general welfare of persons residing or working
in the neighborhood 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 modification is consistent with the
legislative intent of Title 20 of this Code.
6. The approval of Use Permit No. 3446 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.
Conditions:
1. That the proposed development shall be in substantial
conformance with the approved plot plan, floor plan and
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elevations.
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2. That the second dwelling unit shall be limited to the use of
one or two persons over the age of 60 years.
3. That the applicant shall record a Covenant, the form and
content of which is acceptable to the City Attorney, binding
the applicant and successors in interest in perpetuity so as
to limit the occupancy of the second dwelling unit to one or
two adults 60 years of age or over, and committing the
permittee and successors to comply with current ordinances
regarding Granny Units. Said covenant shall also contain all
conditions of approval imposed by the Planning Commission
or the City Council.
4. Commencing with the final inspection of the Granny Unit
by a City Building Inspector and on an annual basis every
year thereafter, the property owner shall submit to the
..
Planning Director the names and birth dates of any and all
occupants of the Granny Unit constructed pursuant to this
approval to verify occupancy by a person or persons 60 years
of age or older. Upon any change of tenants, the property
owner shall notify the City immediately. This information
shall be submitted in writing and contain a statement signed
by the property owner certifying under penalty of perjury
that all of the information is true and correct.
S. That the primary residence or the Granny Unit shall be
continuously occupied by at least one person having an
ownership interest in the property.
6. That one of the covered parking spaces shall he for the
exclusive use of the proposed Granny Unit.
7. That this use permit shall expire unless exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
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A. Development Ageement No. 6 fthlic He aring)
Item No.3
Request to adopt a Development Agreement for the Circulation
DA No. 6
Improvement and Open Space Agreement for eleven sites in the
City of Newport Beach. The proposal also includes the acceptance
TS 8z
of an environmental document.
A 763
AND
A 764
B. Traffic Study No. 82 (Public Hearing)
A 765
Request to approve a traffic study consistent with the provisions of
A 766
Chapter 15.40 of the Newport Beach Municipal Code for eleven
A 767
sites addressed in the Circulation Improvement and Open Space
Agreement.
A 768
AND
A 769
A 770
C. Amendment No. 763 (Public Hearing)
Cont'd to
Request to amend the Harbor View Hills Planned Community
6/18/92
District Regulations and Development Plan so as to allow for the
construction of 48 additional dwelling units.
LOCATION: Property located at 1501 Ford Road, adjacent
to the easterly side MacArthur Boulevard,
between Ford Road and San Joaquin Hills
Road, in the Harbor View Hills Planned
Community.
ZONE: P -C
AND
D. Amendment No. 764 (Public Hearing)
Request to adopt Planned Community District Regulations and
Development Plan for Upper Castaways. This request would
provide for the construction of 151 dwelling units.
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LOCATION: Property located at 900 Dover Drive, on the
southeasterly side of Dover Drive between the
Westcliff Drive and West Coast Highway.
ZONE: P -C
AND
E. Amendment No. 765 (Public Hearing)
Request to adopt Planned Community District Regulations and
Development Plan for Newporter North / Newporter Knoll. This
request would provide for the construction of 212 dwelling units on
Newporter North and open space on Newporter Knoll.
LOCATION: Property located at 1501 Jamboree Road, on
the northwesterly side of Jamboree Road
between San Joaquin Hills Road and the
Newporter Resort.
ZONE: P -C
AND
F. Amendment No. 766 (Public Hearing)
Request to amend the North Ford Planned Community District
Regulations and Development Plan so as to allow for the
construction of 300 additional dwelling units.
LOCATION: Property located at 3200 University Drive, on
the northeasterly comer of Jamboree Road
and University Drive South, in the North
Ford Planned Community.
ZONE: P -C
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AND
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G. Amendment No. 767 (Public Hearin¢)
Request to amend a portion of Districting Map No. 37 so as to
reclassify property from the U (Unclassified) District to the P -C
District. Also requested is the adoption of Planned Community
District Regulations and Development Plan for Bayview Landing.
This request would provide for the construction of either a 10,000
sq.ft. restaurant or a 40,000 sq.ft. athletic club.
LOCATION: Property located at 951 Back Bay Drive, on
the northwesterly side of Jamboree Road
between Back Bay Drive and East Coast
Highway, across from the Villa Point Planned
Community.
ZONE: Unclassified
AND
H. Amendment No. 768 (Public Hearing)
Request to amend portions of Districting Maps No. 44 and 66 so
as to reclassify property from the U (Unclassified) District to the
P -C (Planned Community) District. The proposal also includes a
request to adopt Planned Community District Regulations and
Development Plan so as to provide for open space and public
facility use of the subject property.
LOCATION: Property located at 3600 Jamboree Road,
bounded by Jamboree Road, MacArthur
Boulevard and SR 73, and property known as
San Diego Creek North located at 3500
Jamboree Road, bounded by the San Diego
Creek, Jamboree Road and SR 73.
ZONE: Unclassified
•AND
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I. Amendment No. 769 Pthlic Hearin)
Request to amend the Block 800 Planned Community District
Regulations and Development Plan so as to allow the construction
of 245 dwelling units or senior citizen housing.
LOCATION: Property located at 855 San Clemente Drive,
on the southeasterly corner of San Clemente
Drive and Santa Barbara Drive, in Block 800
of Newport Center.
ZONE: P -C
AND
J. Amendment No. 770 (Public Hearing)
Request to amend a portion of Districting Map No. 48 so as to
reclassify property from the O -S (Open Space) and Unclassified
Districts to the P -C District. Also requested is the adoption of
Planned Community District Regulations and Development Plan
for the Corporate Plaza West Planned Community. This request
would allow for the construction of an additional 94,000 sq.ft. of
office development (115,000 sq.ft. total).
LOCATION: Property located at 1050 Newport Center
Drive, on the northwesterly comer of East
Coast Highway and Newport Center Drive,
across from the Corporate Plaza Planned
Community.
ZONE: P -C
APPLICANT: The Irvine Company, Newport Beach
OWNER: Same as applicant
James Hewicker, Planning Director, requested that the subject item
be continued to the June 18, 1992, Planning Commission meeting.
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Motion
Motion was made and voted on to continue Item No. 3 to the June.
Ayes
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18, 1992, Planning Commission meeting. MOTION CARRIED.
Absent
x x x
DISCUSSION ITEM:
oiscussior.
Item .
General Plan Amendment No. 92 -2
No. 1
Request to initiate amendments to the Newport Beach General
Plan as follows:
cPA 92 -2
A. Castaways Marina :A request of California Recreation Company
to amend the Land Use Element of the Newport Beach General
(A)
Plan and the Local Coastal Program Land Use Plan so as to
Castaways
redefine the permitted commercial entitlement from 40,000 sq.ft.
Marina
of recreational and marine commercial to a 71 slip marina with
Initiated
related marina support and parking facilities.
AND
B. 2209 Bayside Drive: A request of C.L. Burnett and Steven D.
(B)
Hillyard to amend the Land Use Element of the Newport Beach
2209
General Plan and the Local Coastal Program Land Use Plan so as
Bayside nx
to alter the dwelling unit allocation and policy statements for
Statistical Area F3 in order to allow the subdivision of an existing
No.
R -1 lot into twos a family building sites consistent with the
y g
Reoommendz
tion
minimum subdivision standards of the Newport Beach Municipal
Code.
INITIATED BY: The City of Newport Beach
James Hewicker, Planning Director, reviewed the subject General
Plan Amendment.
In response to a question posed by Commissioner Merrill regarding
GPA 92 -2 (B), 2209 Bayside Drive, Mr. Hewicker explained that
the request is for the subject address. It was the belief of staff
when the General Plan was amended in 1988, that the City only
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allowed the further subdivision of lots in one area of the City and
that was on Santiago Drive near Irvine Avenue. If the Commission
initiated General Plan Amendment 92 -2(B), the staff could bring
back alternatives, one of which would specifically address the
aforementioned property and would clearly eliminate or clarify that
the City would not allow further subdivisions of existing residential
lots with the exception of the foregoing site or adjoining sites.
In response to questions posed by Commissioner Debay regarding
2209 Bayside Drive, Mr. Hewicker explained that there are several
subdivided lots in the immediate area that are narrower than the
subject lot. The subject parcel could be subdivided in a manner so
as not to grant an exception to the Subdivision Code, that would
create two conforming parcels. There are other lots in the
immediate vicinity that could also be subdivided.
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In response to a question posed by Commissioner Pomeroy, Mr.
Hewicker concurred that a future property owner cannot subdivide
in Old Corona del Mar without amending the General Plan. He
indicated that the average lot on Bayside Drive is substantially
smaller than what could be subdivided.
Motion
Motion was made and voted on to initiate General Plan
-Ayes
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Amendment No. 92 -2 (A) Castaways Marina, MOTION
Absent
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CARRIED. -
Motion
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Motion was made and voted on to initiate General Plan
Ayes
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Amendment No. 92 -2 (B) 2209 Bayside Drive, MOTION NOT
Noes
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APPROVED.
Absent
a s s
ADDITIONAL BUSINESS:
Add' 1
Business
The Planning Commission directed staff to place a discussion item
on a future Planning Commission agenda in conjunction with
To
initiating an amendment to the Municipal Code to require vehicles
initiate
to be parked in required offstreet parking spaces in residential
an
districts.
Amendment
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ADJOURNMENT: 8:26 p.nt
NORMA GLOVER, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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Adjourn