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Home My WebLink About06/20/1974COMMISSIONERS !� m R�L CALL Present Absent Motion Ayes Absent 0 0 CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. na +a• 9n 107A. MINUTES X X X X X X X EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director David R. Baade, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Planning Tim Cowell, Advance Planning Administrator Shirley L. Harbeck, Secretary X Minutes of the Regular Meeting of June 6, 1974 X X X X X X were approved as written. X Item #1 Appeal from the conditions of approval of Modifica MODIFICA- tion No. 784 so as to allow existing illegal con- TI ON 784 struction on the front 12 feet of the building (i.e., West Ocean Front) to remain where the CONT. TO Municipal Code requires additional open space. In JULTff `- addition the application also seeks approval for the construction of a second garage space and secor d floor room additions to an existing duplex which i nonconforming because it has one garage space wher the Municipal Code requires three garage spaces an it is on a site which contains less than the required 2,000 sq. ft. Location: Lot 4, Block 50, Ocean Front Tract, located at 5007 Seashore Drive, on the south side of Seashore Drive, between 50th Street and 51st Street in West Newport. Zone: R -2 Applicant: Mr. & Mrs. John Geary, Los Angeles Owner: Same as Applicant Appellant: Same as Applicant Page 1. COMMISSIONERS CITY OF NEWPORT BEACH 74K p p ROLL CALL Motion Ayes Absent Sion Ayes Absent tj ion 1� s Absent MINUTES Lunn 9n. 107A INUCA n ning ommission continued this matter to the X X X X ting f July 1, 1974 at the request of the Tapplicano' X . Item #2 Request to permit the construction of a thirteen USE story hotel complex that includes restaurants, meeting rooms, retail shops, banquet rooms and PERMIT N0 -T725 recreational facilities. CONT. TO � Location: Portion of Lot 5 and Lot 6, Tract JULY 1 7953, located at 4840 Birch Street, on the westerly corner of Birch Street and Von Karman Avenue in "Koll Center Newport ". Zone: P -C Applicant: Atlas Hotels, Inc., San Diego Owner: Koll Center Newport, Newport Beach X Planning Commission continued this matter to the X X X X X X meeting of July 1, 1974, pending further informa- X tion regarding the consultant's hotel parking stud 3. Item #3 Request to create two parcels of land for develop- RESUB- ment. DIVISION N4 577 Location: Portion of Lot 5 and Lot 6, Tract 7953, located on property bounded by MacArthur Boulevard, Birch CONT. TO JULT-i- Street, and Von Karman Avenue, in "Koll Center Newport ". Zone: P -C Applicant: Koll Center Newport, Newport Beach Owner: Same as Applicant Engineer: Raub, Bein, Frost and Associates, Newport Beach Planning Commission continued this matter to X X Y X X N the meeting of July 1, 1974, pending further X information regarding the consultant's hotel parking study. Page 2. COMMISSIONERS CITY OF NEWPORT BEACH • T ' ROLL CALL Motion Ayes Absent 0 MINUTES lima 7n_ 1974 Item #4 Request to establish one building site and elimi- RESUB- nate interior lot lines where three lots and a DIVISION N0. 459 portion of a fourth lot now exist so as to con- struct a commercial building and related offstreet parking on the property. APPROVED —b— C NC N Location: Portion of Lot 21, and Lots 22, 23, T N LLY and 24, Block 219, Section A, Newport Beach, located at 1920 West Balboa Boulevard, on the northeast- erly corner of West Balboa Boulevar and 20th Street on the Balboa Peninsula. Zone: C -1 Applicant: Mike Potoma, Newport Beach Owner: Gulf Oil Corp., Santa Ana Engineer: Pfeiler & Assoc., Engineers, Fullerton Public hearing was opened in connection with this matter. Mike Potoma, 1305 Antigua Way, applicant, appeared before the Planning Commission and agreed with the conditions as recommended by the staff report. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that Resubdivision No. 459 be X X X X X Y approved subject to the following conditions: X 1. That a Parcel Map be filed. 2. That a 15 foot radius corner cutoff be dedicat d for street purposes at the intersection of Balboa Boulevard and 20th Street. 3. That appropriate arrangements be made for the preservation or relocation of the existing U. S. Coast and Geodetic Survey Bench Mark located in the curb along 20th Street. 4. That unused drive approaches be closed up and the curb and sidewalk restored, and that existing sidewalk which is damaged be reconstructed. Page 3. 0 Motion Ayes Absent COMMISSIONERS m o m a i Z p IS, L ^ 1 CITY OF NEWPORT BEACH June 20, 1974 MINUTES Inuex Item #5 Request to create one parcel of land for the RESUB- construction of an automobile sales and service DIV SION facility. N Location: Portion of Block 55, Irvine's APPROVED Subdivision, located on the easterl C N - side of Jamboree Road between San TI FMAULLY Joaquin Hills Road and Santa Barbara Drive in Newport Center. Zone: P -C Applicant: Leroy L. Carver, Jr., Newport Beach Owner: The Irvine Company, Newport Beach Engineer: Raub, Bein, Frost and Assoc., Newport Beach Public hearing was opened in connection with this matter: Dave Neish, Planning Administrator with The Irvine Company, appeared before the Planning Commission and concurred with the conditions as recommended by the staff report. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made to approve Resubdivision No. 460 X X X X X X subject to the following conditions: X 1. That a Parcel Map be filed. 2. That all applicable conditions of approval for Use Permit No. 1704 be fulfilled. Item #6 Request to adjust the common lot line between two RESUB- single family residence lots in Tract 7511 (Spyglass Hill). DIVISION NT.-4-6T- Location: Lots 9 and 10, Tract 7511, located APPROVED at No. 3 and No. 5 Monterey Circle, CONDI- on the westerly side of Monterey TrGWKLLLY Circle, southerly of Carmel Bay Drive in Spyglass Hill. Page 4. COMMISSIONERS CITY OF NEWPORT BEACH Z P F A RIP CALL r Motion Ayes A 6g ent MINUTES tuna 90. 107A INDEX P -C : John D. Lusk & Son, Newport Beach Twn The Irvine Company, Newport Beach Engineer: Raub, Bein, Frost & Assoc., Newport Beach Public hearing was opened in connection with this matter. Dave Neish, Planning Administrator with The Irvine Company, appeared before the Planning Commission and concurred with the condition of approval recommended by the staff report. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that Resubdivision No. 461 be X X X X X X approved subject to the following condition: X 1. That a Parcel Map be filed. Item #7 Request to permit the construction of a second MODIFICA- floor room addition on a nonconforming duplex with TIiN 805 three garage spaces (where the Ordinance requires four parking spaces). In addition, one of the APPROVED existing parking spaces is a carport with a non- CO - conforming depth of 16 feet (where the Ordinance TIONALLY requires a minimum depth of 20 feet). Location: Lot 48, Tract 3813, located at 109 43rd Street, on the northwest- erly corner of Seashore Drive and 43rd Street in West Newport. Zone: R -2 Applicants: Robert F. and Natalie M. Carlton, Newport Beach Owners: Same as Applicant Public hearing was opened in connection with this matter. Robert Carlton, 109 43rd Street, Newport Beach, applicant, appeared before the Planning Commission Page 5. COMMISSIONERS CITY OF NEWPORT. BEACH Y m _ i MINUTES 0 � Z p P A ,t ROLL CA11 - m ,tuna 2n- 7974 -" - -' I • - • ' - mvcw to discuss the request and advised that the addi- tion was for the purpose of allowing room for a pooltable. Community Development Director Hogan reviewed the matter further, pointing out that if the building were of new construction, it could not be built to its present size without providing four parking spaces and the addition as requested would not require more than four parking spaces, however it would increase the interior living space of a non- conforming building. Therefore, the matter was referred to the Planning Commission by the Modifi- cations Committee as there was a question as to whether the addition would increase the nonconform- ity. It was also .pointed out that a question of policy was involved as to the intent of the new residential development standards and whether they pertain only to new construction or to remodeling and additions as well. Planning Commission discussed the Municipal Code • as it pertained to nonconforming buildings and to what degree remodeling of a nonconforming building required either a Modification or Variance. Planning Commission discussed what constituted an intensification of use within the realm of remodel- ing both as it pertained to this request and any future requests including the fact that exemptions from the present development standards for remodel- ing of nonconforming buildings may be unfair to those properties being developed with new construc- tion and more restrictive parking requirements. Commissioner Beckley shared with the Commissioners information obtained from some members of the Development Standards Committee and in.particular the Chairman wherein they recognized that the typical duplex or R -1 development which existed in the areas affected had a two -car garage and it was not probably in the Committee's mind to require that parking be brought up to Code on each remodel ing. Planning Commission concurred that an amendment to the ordinance should be considered pertaining to remodeling of nonconforming buildings for the sake of clarification, however there was some question as to the extent of the amendment and what should be considered. Page 6. COMMISSIONERS CITY OF NEWPORT BEACH n m • � � 2 p m Z A A F ROLL CALL � Motion Ayes Noes Absent E Motion Ayes Absent r_1 L-A MINUTES limp in_ 7Q7Q: - ---- -- . _ . INDEX There being no others desiring to appear and be heard, the public hearing was closed. X X X X X Motion was made to approve Modification No. 805 subject to the following condition: IX X X ( 1. That development shall be in substantial compliance with the approved plot plans and elevations. and that the Planning Commission consider an amendment to the Newport Beach Municipal Code, as discussed, without defining what the actual .amendments would be at this time. Item #8 Request to permit live entertainment in conjunction with "Harry's N.Y. Bar and Grill" Restaurant in "Newport Place ". SE PERMIT 0. 727 'ONT. TO Location: Parcel 2 of Parcel Map 45 -23 (Resubdivision No. 347) located at U 4248 Martingale Way, westerly of MacArthur Boulevard, between Martingale Way and Dolphin - Strike Way in "Newport Place ". Applicant: Harry's N.Y. Bar and Grill, Inc., Newport Beach Owner: W. W. Cruttenden, Jr., et al, Newport Beach X X X X X X X Pending results of a study on the City's restaurant parking problems, Planning Commission continued X this matter to the meeting of July 18, 1974. Item #9 STREET Request of Newport Island Incorporated to elimi- nate all present house numbers and street names (Channel Place, Finle Avenue, Marcus Avenue, 38th NAME CHANGE 39th and 40th Streets on Newport Island and establish a new addressing system using a house number and the designation "Newport Island ". NEWPORT T3LTWD Maps of the existing street numbering system and NOT the proposed numbering system were presented to the Planning Commission for review. APPROVED Page 7. COMMISSIONERS f� m QOI1. CAII - is CITY OF NEWPORT BEACH June 20, 1974 MINUTES IMVCA Staff reviewed the request with the Planning Commission and answered questions regarding same. Public hearing was opened in connection with this matter. Bill Abshear, President of Newport Island, Inc. appeared before the Planning Commission and advise that the function of Newport Island, Inc., as a non- profit corporation consisting of 97 members, was to improve, beautify and enhance the value of property on Newport Island for both property owners and tenants and this request was initiated by the Board of Directors because of the desire for greater community identity. He presented the results of a survey taken which indicated a major- ity of owners and tenants were in favor of the change, commented on reasons for the request and answered questions of the Planning Commission relative to the request. Sanford Cox, resident and owner of property on • Newport Island, appeared before the Planning Com- mission and commented that notices were received from Newport Island, Inc. which influenced persons to vote in favor of the change. He also felt that out of the 121 properties involved, 53 in favor of the change was insufficient to govern the issue. Ward Pierce, 514 38th Street appeared before the Planning Commission in opposition to the request as he felt it was completely out of line and did not wish to change his address on his stationery, checks, all legal documents, Social Security identification, driver's license, etc. Louis Spielberger, 3712 Channel Place, appeared before the Planning Commission in opposition to th request. John F. Johnson, 3903 Marcus, also appeared in opposition to the request. George Sherrill, property owner on Newport Island appeared before the Commission in favor of the request as he felt it would be easier to locate properties on the island. Mrs. Abshear appeared to further explain the survey results in order to clarify the conclusion of Newport Island, Inc. that.a majority were in Page 8. COMMISSIONERS CITY OF NEWPORT BEACH Y R 2 Y o A P, n m T � • <� m p m � p ,o ROLL CALL r Motion Motion Ayes Absent 0 0 MINUTES lune 2n. 1974 Tfavor f the change. In discussion the figures and ages, Planning Commission determined that % of the landowners on Newport Island were r of the change. There being no others desiring to appear and be heard, the public hearing was closed. Following discussion, motion was made that the matter be tabled. X Following further discussion, motion was made that X X X X X the Planning Commission not approve the matter in X concept for the following reasons: 1. That 53% of the property owners did not represent a sufficient number of persons in favor of the change. 2. The magnitude of cost and inconvenience which would be required by all property owners and residents by reason of address changes on stationery, checks, legal documents, driver's licenses, Social Security, etc. 3. The opposition of the Police and Fire Depart- ments as to increased difficulty in locating and answering emergency calls. Planning Commission recessed at 8:50 P.M. and reconvened at 9:00 P.M. -A An amendment to the Circulation Element to change the classification of Bis on Avenue between Jamboree KENERAL and MacArthur Boulevard from a primary road to a NT secondary road and /or a relocation of the inter- section of Bison Avenue and Jamboree Road, and /or other realignment of the street system in this ON area. Staff reviewed the request and recommendations with the Planning Commission and discussed alternative traffic and turning patterns at the intersection of Bison Avenue and Jamboree Road; whether or not present and future development would generate a Page 9. COMMISSIONERS CITY OF NEWPORT BEACH - [� m m F m MINUTES yw P m Z A A ROLL CALL m lung 9n_ I Q 7 d INDEX sufficient amount of traffic to warrant Bison Avenu remaining a primary road; the feasibility of relo- cating an arterial highway; and alternative designs for construction of Bison Avenue. Public hearing was opened in connection with this matter. Valerie Murley, Chairman of the Citizens Environ- mental Quality Control Advisory Committee, appeared before the Planning Commission to comment on the intersection of Bison Avenue and Jamboree Road which is of concern to the Committee and concurred with the recommendation of the staff report. Chris Goelitz, 700 Bison Avenue, President of the Eastbluff Homeowners Association, appeared before the Planning Commission to comment on the hazardous conditions which exist at Bison Avenue and Bamboo Street and voiced concern over feeding more traffic into Eastbluff and the residential areas. She requested that traffic be prohibited from crossing • Jamboree Road at Bison Avenue and entering the Eastbluff area. Ken Casserin, resident of Eastbluff, appeared befor the Commission and commented on the additional traffic which could be generated through the Bluffs into Eastbluff and out on Bison Avenue which would connect with the freeway. Dave Neish, Planning Administrator with The Irvine Company, appeared before the Planning Commission and concurred with the staff report and recommenda- tions of the Public Works Department. The Irvine Company is in favor of keeping Bison Avenue a primary road because part of the system does exist at the present time and because of the proposed developments which would require the primary desig- nation. As far as the intersection of Jamboree Road and Bison Avenue is concerned, The Irvine Company will cooperate with the City in every way they can to solve the problems which exist. He also advised that a study was being made by his company in connection with the intersection and a copy of same would be forwarded to the Public Works Department. Valerie Murley again appeared before the Commission to state that the amendment proposed by staff would not preclude how the intersection of Bison and Jamboree would be built, it would only recog- nize that a problem exists. Page 10. COMMISSIONERS CITY OF NEWPORT BEACH y m Z S° p m f* M m Z A P P R• CALL Motion Motion Ayes Noes Absent Motion Ayes Absent 0 MINUTES June 20,1974 IMUCA There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made to amend the Circulation Element of the General Plan as recommended by the staff report. I X An amendmeht to the motion was made to include X the change that Bison Avenue be changed from a X X X X X, primary road to a secondary road. X X Following discussion, a substitute motion was made X X X X X X.that no action be taken at this time in connection X with General Plan Amendment No. 3 and that the staff study the matter further and confer with the Eastbluff Homeowners Association in connection therewith. Item 10 -B An amendment to the Circulation Element to change GENERAL the classification of Irvine Avenue between 16th PLAN— Street and Cliff Drive from a primary road to a AM NDMENT local street, and to delete the intersection at NT. 4 Irvine and Pacific Coast Highway. APPROVED City Engineer Nolan reviewed this matter with the Commission including the recommendations as out- lined in the staff reports. Public hearing was opened in connection with this matter. Donna Gallant, 424 St. Andrews Road, President of the Cliffhaven Community Association, appeared before the Commission and advised of their support of the amendment to the Circulation Element. Rolland Landrigan, 535 E1 Modina, Newport Heights, appeared before the Planning Commission and commented on the staff report. Bob Hall, 506 Irvine Avenue, appeared before the Planning Commission in favor of the amendment. There being no others desiring to appear and be heard, the public hearing was closed. Page 11. COMMISSIONERS CITY OF NEWPORT BEACH y� ^'> m D O m f+ p N m m T�yZ m Z< � p p ROLL CALL r Motion Ayes Absent lJ Motion Ayes Abstain Absent 0 MINUTES line 9n_ 1974 117 YCR X Following discussion, motion was made to adopt X X X X X X Resolution No. 888 recommending to the City Council X that General Plan Amendment No. 4 be adopted, amending the Circulation Element as follows: 11. Change the Master Plan of Streets and Highways designation of Irvine Avenue between 15th Street and 16th Street, from a primary road to a secondary road (4 lanes undivided, as currently exists) and, south of 15th Street, from a primary road to a "local street" (2 I lanes, as currently exists). I2. Delete the proposed connection of Irvine Avenue to the Coast Highway from the Master Plan of Streets and Highways. 3. Delete specific proposal No. 12 on Page 10 from the Circulation-Element Report. 4. Delete Irvine Avenue from the Priority "D" projects on Table 4 on Page 27 of the Circula- tion Element Report. Item 10 -C An amendment to the Circulation Element to change GENERAL the Classification of 15th Street between Superior PLWN Avenue and Balboa Boulevard from a primary road to AMENDMENT NO. 5— a secondary road. Public hearing was opened in connection with this APPROVED matter and there being no one desiring to appear and be heard, the public hearing was closed. Planning Commission discussed whether or not the amendment should be made at this time and to what extent in view of the undeveloped character of much of the area and in order to keep the City's options open. X Following discussion, motion was made to adopt X X X X X Resolution No. 889, recommending to the City Counc 1 X that General Plan Amendment No. 5 be adopted, X amending the Circulation Element as follows: 1. Change the Master Plan of Streets and Highways designation of 15th Street between Placentia Avenue and the property line between the Bond Publishing Company site and the Banning Pro - perty (just west of Monrovia Avenue) from a "Primary Road" to a "Secondary Road ". Page 12. COMMISSIONERS CITY OF NEWPORT BEACH yG1 '^ ➢ m Y O m m m a T i A F A R CALL Z 0 Motion Ayes Absent n LJ MINUTES - A., - - �,n i n n ' 11 INDEX 2. Revise the second sentence of Item 10, Page 9, of the Circulation Element report to read: "It involves the widening of existing 15th Street to four lanes undivided to a point just westerly of Monrovia Avenue, and continuing on with new construction at four lanes divided, crossing and intersecting..." Commissioner Seely stated he occasionally represen ed Bond Publishing Company and abstained from voting. i Item 10 -0 An amendment to the Residential Growth Element and GENERAL Land Use Element to change the designated use of PLAN the property commonly known as the "fun zone ", at AMENDMENT the.intersection of Palm Street.and Bay Avenue on N0. 6 the Balboa Peninsula, from "multi- family residen- tial" to "retail and service commercial ". APPROVED Advance Planning Administrator Cowell appeared before the Planning Commission to review the repor s and answer.questions relative to the request. Public hearing was opened in connection with this matter. John Konwiser, 1907 Bayadere, Corona del Mar, appeared before the Planning Commission to answer questions relative to the request. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion, motion was made to adopt X X X X X X Resol.ution No. 890 recommending to the City Counci X that General Plan Amendment No. 6 be adopted, amending the Land Use and Residential Growth Elements as follows: 1. Land Use Element - Amend the Land Use Plan map to change the designation of the "Fun Zone" site from "Multi - Family Residential" to "Retail and Service Commercial ". 2. Residential Growth Element - Amend the Residential Growth Plan map} to delete the residential designation of the "Fun Zone" site Page 13. COMMISSIONERS CITY OF NEWPORT BEACH f m m�`m Da m Zi • � Z A p P ROLL CALL r E Motion Ayes Absent MINUTES lunu 9n. 107A Item 10 -E An amendment to the Residential Growth and Land ENERAL I Use Elements to change the designated use of the LAN prope -ty adjacent to Irvine Avenue between 15th ENDMENT Street and Laurel Place from "low - density residen- tial" to "two- family residential ". OT Public hearing was opened in connection with this PPROVED (matter. Roland Landrigan appeared before the Planning Commission and presented two letters in opposition to the amendment from the following: Alfred B. and Cynthia W. Wilson, 2301 Margaret Dr.; Sho Mukai, 635 Irvine Avenue. Mr. Landrigan also spoke in opposition to the amendment and agreed with the staff report and the recommendation for denial. There being no others desiring to appear and be heard, the public hearing was closed. X Planning Commission determined there was no justi- X X X X X X fication for the amendment, therefore motion was X made that the amendment not be adopted. Commissioner Parker stepped down and abstained from deliberation on the following item because of its relationship to the Chamber of Commerce building proposed for the site in which he has been involved. Item 10 -F An amendment to the Land Use Element to change the GENERAL designated use of the property at the southeast corner of Jamboree Road and Santa Barbara Drive PLAN AM -MMENT from "recreational and environmental open space" N0. 8 to either "governmental, educational,and institu- tional" or "administrative, professional, and APPROVED financial commercial ". Public hearing was opened in connection with this matter. Page 14. COMMISSIONERS CITY OF NEWPORT BEACH Y T i A T f� m mxm � m Z:c ROL CALL Motion Ayes Abstain Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent n U MINUTES June 20. 1974 INDEX Dave Neish., Planning Administrator with The Irvine Company, appeared before the Planning Commission and advised they were in favor of.amending the designation to administrative, professional, and financial commercial as recommended in the staff report. Larry Miller, Assistant Manager, Chamber of Commerce, appeared before the Commission to answer questions relative to the proposed development of the site. i There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made to adopt Resolution No. 891, X X X X X recommending to the City Council that General Plan X Amendment No. 8 be adopted, amending the Land Use X Element as follows: 1. Revise the Land Use Plan (map) to change the designation of the property at the southeast corner of Jamboree Road and Santa Barbara Drive from "Recreational and Environmental Open Space" to "Administrative, Professional, and Financial Commercial ". Item #11 Proposed archaeological and paleontological policy PROPOSED as proposed by the Commission's Committee on POLICIES Paleontology. CONT. TO X Planning Commission continued this matter to the JULY 1 X X X X X X meeting of July 1, 1974. X ADDITIONAL BUSINESS: X Planning Commission adopted Resolution No. 885, X X X X X X setting a public hearing for July 11, 1974, to X cons.ider proposals concerning the design of the Upper Bay Bridge. X Planning Commission adopted Resolution No. 886, X X X X X X setting a public hearing for July 18, 1974, to X consider the proposed amendment to Title 20 of the Newport Beach Municipal Code as it pertains to sign.regulatiions. Page 15. COMMISSIONERS CITY OF NEWPORT BEACH Y T Y S o A m f+ m m �m qa � yi m f S R6tt Ca►t � m p p 70 AiFnn 9n 107A MINUTES INDEX Motion X Planning Commission adopted Resolution No. 887, Ayes X X X X X X setting a public hearing for July 18, 1974, to Absent X consider adoption of the Noise Element of the Newport Beach General Plan and the adoption of a Noise Ordinance. Motion i X Planning Commission directed the staff to prepare Ayes X X X X X X a letter to the City Council in support of the Absent X Health Department's.Bay Water Quality Monitoring Proposal being considered by the Board of Super- visors. Motion X There being no further business, motion was made Ayes Absent X X X X X X X to adjourn. Time: 11:35 P.M. 4SEP OSENER, JR., Se 1ann Commission ng City of Newport Beach Page 16.