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HomeMy WebLinkAbout07/18/1974COMMISSIONERS. ^ ➢ rn O � m • m y. Z n z F ROIL CALL � Present Absent Motion Ayes Abstain Aeon t Motion Ayes Abstain Absent PA CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. Date: Julv 1R_ 1974 MINUTES MUCA x x x x x x x EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director David R. Baade, Assistant City Attorney ( I Benjamin B. Nolan, City Engineer STAFF MEMBERS (James D. Hewicker, Assistant Director - Planning ;William R. Foley, Senior Planner i Robert Lenard, Associate Planner Tim Cowell, Advance Planning Administrator Shirley Harbeck, Secretary x! Minutes of the Regular Meeting of June 20, 1974, XIX X X X were approved as written. Commissioner Agee X ! abstained as he was absent from the meeting. X X Minutes of the Regular Meeting of.July 1, 1974, X Xj X X X were approved as written. Commissioner Hazewinkel X abstained as he was absent from the meeting. X Item #1 Request to permit live entertainment in conjunctio USE with "Harry's N. Y. Bar and Grill" Restaurant in PERMIT "Newport Place ". 1727 Location: Parcel 2 of Parcel Map 45 -23 CONT. TO (Resubdivision No. 347) located at AUG.75 4248 Martingale Way, westerly of MacArthur Boulevard, between Martingale Way and Dolphin- Striker Way in "Newport Place ". Applicant: Harry's N.Y. Bar and Grill, Inc., Newport Beach Owner: W. W. Cruttenden, Jr., et al, Newport Beach Page 1. COMMISSIONERS Y 1P S 2 o A T tm 0 • 4 = A T Z ,mo A' ROLL CALL 'I Motion Ayes Absent 0 n U CITY OF NEWPORT BEACH MINUTES July 18. 1974 " INDEX X ning Commission continued this matter to the, X X ing of August 15, 1974. Tee X Item #2 RESUB- i Request to delete one of the conditions of approval Ion Resubdivision No. 403, creating one parcel of UN SIGN i land for residential development. NM TXgE--N-DTD Location: Portion of Lots 8 and 9, Block 22, East Side Addition to Balboa Tract, APPROVED and Section 35, 176S, R10W and Sec- CCN6%— tion 2, T7S, R10W, S.B.M., located TOVED at 1319 East Balboa Boulevard, on the south side of East Balboa Boule- vard between "E" and "F" Streets on the Balboa Peninsula. Zone: R -3 Applicant: Brion S. Jeannette, Architect, I Santa Ana Owners: Daniel Connelly and John Ilsley, Newport Beach Engineer: Derek H. White & Associates, Newport Beach This matter was continued from the meeting of July 1, 1974, for the purpose of allowing intereste persons to review the plans for the site, and Community Development Director Hogan advised that the staff had reviewed the proposed plans and they comply with the Residential Development Standards except that the balconies encroach into the required side yard. He advised that the developer indicated the balconies would be removed in compli- ance with the standards, but in any event the City would require all construction to conform with the development standards. Staff presented additional correspondence which had been received for the Commission's review. Staff also answered questions of the Commission, advising that the present zone would allow this type of development, that the proposal with the exception of the balconies complied with the Residential Development Stand- ards, and that the zoning complied with the General Plan. At this point Planning Commission discussed zoning of the area and this property in particular as they related to the General Plan hearings. They Page 2. COMMISSIONERS CITY OF NEWPORT BEACH n m m Z ROIL CAI m A p p 'luly 1A- 107A MINUTES - -- - -- - -., INDEX also discussed access to the property by means of either an alley or easement along one side of the property. i At the request of the Planning Commission, Assistant City Attorney Baade commented on the matter of resubdivisions and the type of conditions which could be imposed by the Planning Commission. He advised that a resubdivision of the type in question wasnot governed by the State Subdivision Map Act, but rather by the City's local ordinance, Title 19 of the Newport Beach Municipal Code, and more specifically Section 19.12.040 (d) and (g). If ithe Planning Commission determines that the.resub- division conforms to the criteria as specified in that section, it should be approved. He also advised that in connection with resubdivisions, the Planning Commission could require the developer to display the proposed project in order to determine whether or not all the criteria had been met before granting same, but that the project could not be turned down because of a disagreement with the • design as that matter is covered by other ordinances of the City. Planning Commission discussed the basis of their authority to approve a resubdivisio with the condition that same be in accordance with the plans presented at the time the resubdivision was approved. Community Development Director Hogan pointed out that "historically ", subdivisions and the Sub- division Map Act have been used to govern the division or uniting of property as they "relate to lot lines; public improvements serving the pro- perty, such as streets., sidewalks, etc.; and the requirements for easements for utilities, storm drains, etc.; rather than the development on the property which is controlled by the zoning ordinan e on such things as density, height of dwelling unit setbacks, parking, etc. , There was concern on the part of the Commission relative to approving resubdivisions without knowledge of the proposed project and discussed the possibile need for an ordinance requiring review of conceptual plans at the time.resubdivisi n: requests are reviewed. • In reply to the question of what issue was to be considered by the Planning Commission in connectio with this request, Assistant City Attorney Baade advised that the resubdivision had already been Page 3. COMMISSIONERS CITY OF NEWPORT BEACH � , Z Z v p m n m m MINUTES CAI �Im A1A p io ,non INDEX approved and the item to be considered was for the removal of a condition which was no longer applic- able inasmuch as the Use Permit referenced in the approval of the resubdivision had been subsequently denied by the City Council. (Public hearing was opened in connection with this matter. Brion Jeannette, applicant, appeared before the Planning Commission and advised that the project (would conform to the plans as shown, including removal of the encroaching balconies in order to comply with the development standards. TOM Kamph, Attorney and property owner, appeared ;before the Planning Commission and commented on !the proposed plans. He also suggested that the entire resubdivision be reconsidered and felt that the present zoning on the property was inconsistent with that of adjacent property and should be changed. • Andrew Dosset, resident, appeared before the Commission in opposition to the resubdivision. William Gold, 1570 E. Oceanfront, appeared before the Commission and read a letter from the Balboa Peninsula Point Association in opposition to the resubdivision and requested that the beach front- age of the lot be rezoned to R -1. Harry Kamph, 1320 East Oceanfront appeared before the Commission and commented on the proposed development as it related to the Residential Development Standards and felt there were incon- sistencies between the development and the stand- ards. He also felt the property should be rezoned. Simon Vendem, 1315 East Oceanfront, requested that the property be zoned to R -1. Hord Seeley, 1307 East Balboa Boulevard, appeared before the Commission and objected to the density. There being no others desiring to appear and be heard, the public hearing was closed. M *on X Motion was made to delete Condition No. 1 and renumber Condition No. 2 to No. 1 and read: "That a Parcel Map be filed." Page 4. COMMISSIONERS I,< z A p p R CALL R Motion Ayes Noes Absent 0 CITY OF NEWPORT BEACH MINUTES L.1 .. 14 1n7n j ", " " Planning Commission discussed the zoning of the INDEX property and its relationship to the General Plan, including review of previous public hearings on the General Plan in an attempt to down -zone the i property. They also discussed whether or not the matter could be continued until such time as new General Plan hearings were held. Assistant City Attorney Baade advised that the Municipal Code provides a time limit within which a decision must be made unless the applicant consents to a con - tinuance. X'X Following further discussion, a substitute motion X X was made that in connection with the amendment of X Resubdivision No. 403, Condition No. 1 be.deleted X and that the conditions of approval read as follow!: 1 1. That a Parcel Map be filed. 2. That the development be in substantial conformance with the plans as presented to the Planning Commission. Planning Commission recessed at 9:00 P.M. and reconvened as 9:10 P.M. 1 Item #3 Request to establish one building site and elimi- RESUB- nate interior lot lines where a portion of one DI ISION lot, three other lots, and a portion of an aban- doned alley now exist so as to permit the expan- sion of the existing "Spaghetti Bender" Restaurant APPROVED CUUT-_ Location: Portion of Lot 3 and Lots 4, 5, and TTOTAULY 6, Block 2, Seashore Colony Tract, and a portion of an abandoned alley located at 6204 West Coast Highway, on the northwest corner of 62nd Street and West Coast Highway in Newport Shores. Zone: S.P. No. 4 Applicant: Joyce Hoskinson, Huntington Beach Owner: Lorenzo Posini and Joyce Hoskinson, Huntington Beach I I Page 5. COMMISSIONERS CITY OF NEWPORT � m • Z A A P ROLL CALL Motion Ayes Absent 40 Motion Ayes Absent lulu 1R_ 1Q7A BEACH MINUTES ' INDEX Engineer: John K. Mandrell Public hearing was opened in connection with this matter. Joyce Hoskinson, applicant, appeared before the Planning Commission and agreed to the conditions recommended by the staff. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that Resubdivision No. 463 be X X X X X X approved subject to the following conditions: X 1. That a parcel map be filed. 2. That all applicable conditions of approval for Use Permit No. 1694 be fulfilled. Item #4 Request to establish one building site and elimi- RESUB- nate an interior lot line where two parcels now D SION exist for retail- office development. .T6-4— Location: Parcel 2 of Parcel Map 7 -38 APPROVED (Resubdivision No. 234) and Parcel C N3�- r 2 of Parcel Map 59 -20 (Resubdivi- TT6WLY sion No. 408) located at 345 Pla- centia Avenue> westerly of Placenta Avenue and northerly of Hospital Road, across Hospital Road from Versailles -on- the - Bluffs. Zone: A -P Applicant: Mariners Savings & Loan, Newport. Beach Owner: Same as Applicant Engineer: Raub, Bein, Frost.& Assoc., Newport Beach 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 Resubdivision No. 464 be X X X Y X X approved, subject to the following conditions: X Page 6. COMMISSIONERS y m 2 2 g p m f m R j m y-A • � Z z p A ROLL CALL ^ 0 U CITY OF NEWPORT BEACH MINUTES .111111 1R 107A ­1 ..,, INDEX 1. That a parcel map be filed. 2. That a full - parkway width sidewalk be construct d along the Hospital Road frontage. 3. That the driveway approaches, one off Placentia Avenue and one off Hospital Road, be in accord- ance with an approved encroachment permit issued by the Public Works Department. 4. That a water connection fee of $900 per gross acre be paid. 5. That the water and sewer connections necessary to serve this site be in accordance with an approved encroachment permit issued by the Public Works Department. 6. That all applicable conditions of approval for Use Permit No. 1693 shall be fulfilled. Item B5 Request to create five parcels where four lots RESUB- now exist so as to permit the construction of the —D-1V Neiman - Marcus retail store in Fashion Island. N7-U APPROVED Location: Lots 9, 19, 21 and I of Tract No. 6015, located at 53 Fashion Island rbN61— in Newport Center. ALLY Zone: C -O -H Applicant: The Irvine Co., Newport Beach Owner: Same as Applicant Engineer: Simpson- Steppat, Newport Beach Staff reviewed the request with the Planning Commission. Public hearing was opened in connection with this matter. Jan Vail with The Irvine Company appeared before the Planning Commission and concurred with the conditions as recommended. He also presented a rendering of the proposed building and commented on the project. There being no others desiring to appear and be heard, the public hearing was closed. Page 7. COMMISSIONERS CITY OF NEWPORT BEACH (+ m R� CAI( Motion Ayes Absent 1J MINUTES .1.. 14 1Q7A ".'y IV, "" INDEX Planning Commission discussed parking in Newport Center and the availability of parking required for the project which could include provisions for a restaurant. They also discussed circulation within the parking lot. (There being no others desiring to appear and be heard, the public hearing was closed. X I Following discussion, motion was made that Resub- X X X X X X division No. 466 be approved, subject to the follo - X ing conditions: 1. That a parcel map be filed. 2. That the existing water, sewer, and storm drain lines within the site be relocated. 3. That appropriate new easements be dedicated for the relocated utility lines prior to the City's quit - claiming their interests in the conflicting portions of the existing easements. 4. That there be a document recorded satisfactory to the City Attorney and the Director of Community Development providing for the opera- tion and continual maintenance of the off -site loading, parking and landscaped features pro- posed for construction within the common areas (Parcels 2 through 5) for the duration of the proposed use on Parcel 1. Item #6 Request to permit on -sale beer and wine in conjunc USE tion with the existing "Jolly Roger" Restaurant PERMIT within 200 feet of a residential district. UT — Location: Lots 26 and 27, Block 12, Section 4 APPROVED Balboa Island, located at 203 Marin TDWDT- — Avenue, on the westerly side of TTUWA—ELY Marine Avenue between Balboa Avenue and Park Avenue on Balboa Island. Zone: C -1 Applicant: The Jolly Roger, Inc., Irvine Owner: Mr. and Mrs. Hal Will Smith, Balboa Island Community Development Director Hogan reviewed the Page 8. COMMISSIONERS CITY OF NEWPORT BEACH m m o Z P P R L CALL Motion Ayes Absent L Motion Ayes Absent MINUTES 1111%, IQ 107A INDEX request with the Commission and answered questions relative to same. Public hearing was opened in connection with this matter. I I Don Burke representing the applicant, appeared before the Planning Commission and concurred with the staff report and recommended conditions. There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that Use Permit No. 1732 be X X X X X X approved subject to the following conditions: x 1. That this approval shall be for a period of three years, and any extension shall be subject to the approval of the Modifications Committee. 2. No beer or wine shall be served between the hours of 10:00 P.M. and 10:00 A.M. Item #7 Request to establish the Planned Community Devel- AMENDMENT opment Plan and Development Standards for the 07W-34 "Corporate Plaza" Planned Community in Newport Center, and the acceptance of an environmental CONT. TO document. WM77— Location: Portion of Block 93, Irvine's Subdivision, bounded by Pacific Coast Highway, Newport Center Drive Farallon Drive and the future extension of Avocado Avenue, in Newport Center. Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant X Planning Commission'continued this matter to the X X X X X X meeting of August 15, 1974. X Page 9. COMMISSIONERS so 2 2 b p m n m q T D � P A RL CALL 0 CITY OF NEWPORT BEACH MINUTES Lily lA 107A INDEX Item #8 MENDMENT Proposed amendment to the Newport Beach Municipal Code pertaining to the control and regulation of 0. signs. ONT. TO Initiated by: The City of Newport Beach Community Development Director Hogan commented on the preparation of the proposed revisions to the Sign Ordinance and the committee members involved which included people from the Chamber of Commerce, the Board of Realtors, and the Citizens Environ- mental Quality Control Advisory Committee. Larry Miller, Newport- Harbor Chamber of Commerce, appeared before the Commission and commented on the functions of the committee in the preparation of the revisions. Senior Planner Foley appeared before the Commissio to review and answer questions on the proposed changes to the sign ordinance which were recommended. Public hearing was opened in connection with this matter. Larry Miller, Newport- Harbor Chamber of Commerce, appeared before the Commission and advised of the Chamber's concern with the proposed revisions as they relate to existing signs and felt there was not enough information gathered to justify the arbitrary figures used throughout the ordinance. Howard Richardson, owner of Howard's Chevrolet at the corner of Dove and Quail, appeared before the Planning Commission and presented a rendering of his existing free- standing signs for review. He felt the signs were not too high or unsightly and offensive and expressed a reluctance to reducing them in any way. He also spoke on behalf of Slemons Imports and Newport Datsun and stated that the three automobile agencies exist under use permits which included the approval of the signs and requested that the ordinance include some provision whereby the signs would be exempt especially since great effort and expense have gone into the design in order to conform to the standards of the Emkay Development in Newport Plac . He expressed an objection to the reduction in height to 12 feet and the restriction on illumina- tion when closed for business. Page 10. COMMISSIONERS 1 v� v > O m o • � Z a P A 11011 Call M CITY OF NEWPORT BEACH ..., ,O lf9 MINUTES INDEX Reg Jones, representing the Fashion Island Merchants Association, appeared before the Commission to advise they were very much interested in the sign- ing district. Planning Commission discussed with the staff the type of signs which presently exist in Fashion Island and were advised that Fashion Island would be a reasonable area to be considered for a special signing district. Arden H. Berg, Sign Users Council of California, 311 N. Normandie Avenue, Los Angeles, appeared before the Commission and commented on 'Street Graphics' and various publications available in connection with ordinances on signs and their effect on the economics of businesses. i Jim Edwards, 3900 Channel Place, owner of Edwards Theaters, appeared before the Commission in objection to the sign ordinance revisions which would limit the size of signs, especially theater marque signs Which if reduced in size, he felt would virtually destroy his business. • Ames Hendrickson, representing merchants in Fashio Island, appeared before the Commission and voiced concern over the effect the proposed revisions would have on the businesses in Fashion Island, especially the smaller businesses. He also commen ed on the provisions for temporary sale signs. Dave Larson, owner of the Harbor Inn Motel at the corner of 18th and Balboa, appeared before the Commission and commented on his need for signing in order to remain in business. .Blackie Gadarian of Blackie's Boat Yard appeared before the Commission and felt there were no problems with the old sign ordinance, therefore why create problems with the proposed revisions. Valerie Murley, Chairman of the Citizens Environ- mental Quality Control Advisory Committee appeared before the Commission in favor of the ordinance and commented on the provisions for special sign= ing districts, including the possibility that theaters may need special provisions or be exempt. She felt that the proposed ordinance was good and • should be adopted by the City. However, if furthe changes were suggested, the matter should be continued in order that the changes could be reviewed and assessed by the Sign Committee. Page 11. COMMISSIONERS n � A A L CALL r 0 Motion Ayes Absent Aion Ayes Absent CITY OF NEWPORT BEACH MINUTES l'.l.. 10 IA9A .UJ 1O' "I-t INDEX Dave Neish, Planning Administrator with The Irvine Company, appeared before the Commission and voiced concern over the effects of temporary signs, major tenant and village signs, and free - standing signs in village centers. I Fred Payne with the Commercial Division of The Irvine Company appeared before the Planning Commis- sion and commented on the problems involved in designing adequate signs for village centers which serve the local communities. He felt that the control of signs visible from the public right -of- way should be controlled by the City, however, developers should have complete freedom of signs on the internal complex of village shopping centers or malls. Larry Miller, Newport- Harbor Chamber of Commerce appeared before the Commission and commented on provisions for special signing districts. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the effect of the proposed ordinance on existing signs and felt additional information was needed to determine more closely the impact of such an ordinance on the existing signs. Community Development Director Hogan advised.that signing problems generally relate to roof.signs, temporary signs, and the number of signs, and it may be that the ordinance should be revised as it pertains to those items only. X Following discussion, motion was made to continue X X X X X X this matter to the meeting of September 5, 1974. x Item #9 Request to consider the adoption of the Noise NOISE Element of the Newport Beach General Plan, and the L�M�NT adoption of a Noise Ordinance. ARV_ NOISE Initiated bv: The City of Newport Beach WDTNANCE CONT. TO X Planning Commission continued this matter to the X X X X X X meeting of August 1, 1974, due to the lateness U8 X of the hour. Page 12. COMMISSIONERS c "v m D p m m m ya K 01 M A A RCiil CAII r Motion Ayes Absent C, J I' 1 L.J CITY OF NEWPORT BEACH MINUTES July 18 1974 INDEX Item #10 OFF -SITE Request to amend the off -site parking agreement in conjunction with the Mackerel Flats Restaurant (Use Permit No. 1476). PARKING VCR=NT REMOVED FR M W-Gr 1C Location: Portion of Lots 9, 10 and 11 of Block 12, Balboa Tract, located at 100 Main Street, Balboa, on the i northeasterly corner of Main Street and Ocean Front Boulevard. Zone: C -1 Applicant: Harry Alexon X X X X X X X X Planning Commission removed this matter from the agenda pending further information. Item #11 ALLEY. WARE APPROVED . Request to establish the name "Shorecrest Lane" fo the alley which parallels East Coast Highway on the north side of East Coast Highway between Seaward Road and Morning Canyon Road and establish addresses from Shorecrest Lane for Lots 1 thru 12 of Tract 2758, in Corona del Mar.. Requested bv: Corolido Community Association Mildred Husband appeared before the Commission and questioned the reason for the requests. Jim Riley one of the owners in the Corolido comple appeared before the Commission in reply. In discussing the request and the conditions as recommended in the staff report, there appeared to be much confusion on the part of the property owners as to the results of the request, especiall With regard to the numbering system. Staff also advised that even though a name were given to the alley, City services would not change. Reg Jones, one of the owners in the Corolido Apartments, appeared before the Commission and commented on the problems which exist and attempts to improve the situation. He urged the Commission to approve the request. Page 13. COMMISSIONERS CALL Motion Ayes Noes Absent �n1�t 2� p'�121 Ix Motion IX Ayes X X X X X Absent X • 1 Motion Ayes X X X X Noes X Absent CITY OF NEWPORT BEACH MINUTES ul y 18, 1974 Planning Commission discussed the City's ordinance relative to street numbering systems and same was explained in detail for the benefit of those in the audience. Following much discussion on the various issues involved, motion was made that "Shorecrest Lane" be established for the alley as to name only and that no addresses be established or used from the alley. Request to establish the names "Sea Island 'Drive", TREET "Canyon Island Drive" and "Sea Pine Lane" in Tracts ME 8444 and 8445, in Big Canyon (Areas 1 and 6) Requested by: McLain Development Co. Following discussion, motion was made to establish the street names as requested. Proposed Paleontological Policy as Propos Paleontological Policies were reviewed by the Commission and Commissioner Heather requested that "e.g., Natural History.Foundation of Orange County be inserted as the specific agency to be contacted should a find be made during the grading process.. Commission discussed the request and felt it may be more appropriate to include the name of the agency as a participant in the pre - grading con- ference. Commissioner Heather reviewed with the Commission paleontological activities which have occurred in connection with the McLain Development Company in Areas 1 and 6 of Big Canyon. Following discussion, motion was made recommending to the City Council that the Paleontological Policies be adopted as a part of Council Policy with the addition under Paragraph 3 of the Paleon- tological Procedures "that a responsible organiza- tion, e.g., The Natural History Foundation of Orange County, be notified and a qualified repre- sentative be authorized to participate in the pre - grading conference." Page 14. PP EONT COMMISSIONERS n m m �m �• m Z� A •l CALL rt CITY OF NEWPORT BEACH 1..7 - 10 1 n9n MINUTES INDEX ADDITIONAL BUSINESS: Motion X Planning Commission adopted Resolution No. 893 Ayes X X X X X X finding that a proposed floodplain acquisition by Absent X the Orange County Flood Control District is in I conformance with the City's adopted General Plan. Commissioner Hazewinkel and Commissioner Beckley requested and received permission to be excused from the meeting of August 1, 1974. Commissioner Seely requested and received permission to be an hour late at the August 1, 1974 meeting as he will be out of town. There being no further business, Planning Commis- sion adjourned the meeting. Time: 1:10 A.M. • JAMES P RSA KER, Secretary Planning Commission City of Newport Beach Page 15.