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HomeMy WebLinkAbout07/20/1972COMMISSI9NERS Fy O "All N N � S N � � ILL CALL m Present Motion Second Ayes Abstain Motion Second All Ayes L� CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: Council Chambers Time: 7:30 P.M. Date- .1111V 9n. 1079 MINUTES • 1 \YL I\ xxx xxx 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, Asst. Community Development Dir William R. Laycock, Senior Planner ctor Shirley Morgan X X X X XX X X X Planning Commission Minutes of July 6, 1972 were approved as written. Adkinson ab.stained due to the fact that he was absent from that meeting. Item #1 USE P—E FLIT X1597 Request to permit a convention center, including 3 meeting rooms, exhibit space and shops to the. Newporter Inn. CON T. TO AUGUST 3 Location: Portion of Block 55 of Irvine's Subdivision located at. 1107 Jambore Road at the northwest corner of Jamboree Road and Back.Bay Drive. Zone: Unclassified Applicant* Del E. Webb Hotel Management Co., Las Vegas Owner: The Irvine Company, Newport Beach X X This. matter was continued to August 3, 1972," at the request of the staff. Item #2 Request to permit duplexes to be constructed on two R -3 lots with areas of 2100 sq. ft. where the Districting Regulations require at least 2400 sq. ft. VARIANCE N0. 02 REMOVED Location: Lots 6 and 7, Block 9; East Newport FROM CXLENDAR Tract, located at 607 and 609 West Balboa Boulevard, on the southerly COMMISSPNERS i ROLL CALL Motion Second All Ayes L �J CITY OF NEWPORT BEACH MINUTES July 20, 1972 INDEX side of West Balboa Boulevard between 6th,Street and 7th Street, on the Balboa Peninsula. Zone: R -3 Applicant: Terrance Martin, Balboa Owner: Same as applicant. X This matter was removed from the calendar at the X request of the applicant. Item #3 Request to create 2 parcels of land for restaurant RESUB- sites, 1 parcel for office use, and .l parcel for DIVISION off- street parking. N Location: Lot 1 and a portion of Lot 2, APPROVED Tract 3232, located at the south- DI- CO— east corner of Marine Avenue and TITNTLLY Bayside Drive adjacent to the Balboa Island bridge. Zone: C -1 -H Applicant: The Irvine Company, Newport Beach Owner: Same as applicant. Chairman Dosh reviewed the application and staff i report with the Planning Commission. Assistant Community Development Director Hewicker stated that the use permit approved several.months ago by the Planning. Commission will not be used due to the fact that the applicant could not obtain. a liquor license. Larry Moore, Associate Planning Administrator with The Irvine Company, appeared before the Planning Commission and stated they were in agreement with the conditions as recommended by the staff report. Planning Commission was concerned about any future denial of access to Parcels 1, 2, and 3 and discussed the re- wording of Condition No. 7 in order to assure the continued access to those parcels. Page 2. COMMISSIONERS � y ROLL CALL Motion Second All Ayes 0 CITY OF NEWPORT BEACH MINUTES July 20, 1972 INDEX X Following discussion, Planning Commission approved X Resubdivision.Application No. 343 subject to the following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as re- quired by ordinance and the Public Works Department. 3. That any public utility easements dedicated across Parcel A be a minimum of 10 feet wi "de, with a greater width provided where required by the Public Works Department. 4. That any abandoned or unused driveway.approach s be closed up in accordance with an approved encroachment permit issued by the Public Works Department. 5. That street lights be installed along Marine Avenue and Bayside Drive. 6. That all vehicular access rights to Marine Avenue be dedicated to the City of Newport Beach. 7. That there be a document recorded satisfactory to the City Attorney and the Director of Community Development designating and limiting the use of Parcel. "A" for open space, parking, landscaping and access to Parcels 1,.2, and ' 3, and that at no time shall access be denied to Parcels 1, 2, and 3. 8. That the types and locations of street trees along Marine Avenue and Bayside Drive be pro- f j vided to the Specifications of the Parks, Beaches and Recreation Department and that the standard inspection fees of $3.00 per tree be paid. I Item #4 Request to amend the Planned Community Development!AMENDMENT Standards for "North Ford ", to permit the expan- NT.3 2T— sion of land uses and the updating of the develop- ment standards. CONT. TO M7. 7 j Location: Portion of Blocks 56 and 57, Irvine's Subdivision, located between Jamboree Road and MacArthur !I: I Boulevard and between Bison Avenue COMMISSIONERS �s N co ow'£ ROLL CALL > w '� Motion Second All Ayes 0 Motion Second All Ayes Motion Second All Ayes 0 CITY OF NEWPORT BEACH MINUTES July 20, 1972 INDEX and the extension of Bonita Canyon . Road, Zone: P -C Applicant: The Irvine Company, Newport Beach j Owner: Same as applicant. I At the request of the applicant, Planning Commis- sion continued this matter to September 7, 1972. Item #5 Request to obtain a permit for a "take -out" window USE in an existing restaurant. PERMIT. NO. 606 Location: Lot 1, Block 21, Newport Beach Tract, located at 2108 3/4 West CONT. TO Ocean Front on the northeasterly. A—U Z1S —3 �. side of Ocean Front between McFadde Place and 20th Street.. Zone: C_1 �I Applicant: Craig W. Jones, Newport Beach I Owner: Phil Rapp, Newport Beach X, Commission continued this matter to the !X! I meeting of August 3, 1972, at the request of the Staff. I I ;Item #6 j I Request to update the existing Planned.Community iAMENDMENT j District Regulations for Harbor View Hills I NO. 329- j Initiated by: The Irvine Company, Newport Beach CONT.. TO j AUGUST 3 �XI'J! Planning Commission continued this matter to the A meeting of August 3, 1972, at the request of the I staff, pending further study. Item #7 Request to permit a subdivision of 39.0 acres into TENTATIVE j a Planned Residential Development consisting of M—AP 118 residential lots, 2 landscaped lots and 1 TRTCT I recreational area. 7 CONT. TO �I Page 4. Al? GU� T 3 COMMI55I9NERS q N N O N ROLL CALL_'-' Motion Second All Ayes is 0 CITY OF NEWPORT BEACH MINUTES July 20, 1972 INDEX i Location: Portion of Blocks 91, 92, 97 and 98 of Irvine's Subdivision, located southerly of Ford.Road, easterly of New MacArthur Boulevard, and i northerly of Eastgate Drive. Zone: P -C Applicant: Donald L. Bren, Newport Beach Owner: The Irvine Company, Newport Beach Engineer: Raub,`Bein, Frost & Assoc., Costa Mesa X Planning Commission continued this matter to the meeting of August 3, 1972, at the request of the j staff, pending further study. Item 08 .Request to create 1 parcel of land to be attached RESUB- to Lot 35 of Tract 7247. DITISTON Location: A portion of Block 96 of Irvine's Subdivision located at 3839 Ocean APPROVED Birch, southerly of San Joaquin C DI- Hills Road and westerly of Spyglass TIONALLY Hill Road, in Harbor View Hills. Zone: R -1 -B Applicant: John D. Lusk & Son, Newport Beach I. Engineer:, Raub, Bein, Frost & Assoc., Ii Costa Mesa Ii Owner: The Irvine Company,.Newport Beach j! Planning Commission discussed this matter which included building across a property line and the rear lot line of these two parcels in An attempt to determine which line would be used for setback 6 purposes. Bill Frost of Raub, Bein, Frost & Assoc. appeared :before; the Planning Commission and stated that j Parcel A was created when final grading was completed and because of the many legal aspects i ! and loans involved, it was their desire to des'igna e . j this residual piece of property.as Parcel A rather j than making it a part of Lot 35. It is not Page 5. COMMISSPNERS v y ROLL CALL 1 Motion Second All Ayes 0 CITY OF NEWPORT BEACH .. .MINUTES July 20, 1972 INDEX i intended that Parcel A shall be a separate buildin, site but will be adjoined to Lot 35 and used as one lot with the setbacks measured from the south- erly line of Parcel A. X Following discussion, Planning Commission approved X Resubdivi,sion Application No. 349 subject to the I following conditions: 1. That a Parcel Map be filed . 2. That the parcel be designated "Not a Separate I Building Site" on the map. , 3. That the rear yard setback shall be establishe from the southerly boundary of Parcel A. Item #9 RESUB- j Request to create 1 parcel of land for office development. DIVISION N0. 350 Location: Portion of Block 50, Irvine's ' I I Subdivision, located at 1811 Quail APPROVED Street, on the southwesterly side CONDI- j I of Quail Street between Birch TI N LLY I Street and Spruce Avenue in "Newport Place." Zone: P -C i i Applicant: Emkay Development Co., Inc., j Newport Beach ! Engineer: Raub, Bein, Frost & Assoc.., Newport Beach i Owner: Same as applicant. Chairman Dosh reviewed the application with the Planning Commission. Parking requirements in conjunction with industri.a and commercial areas were discussed. Planning ! i Commission also discussed the text of the P -C Ordinance which allows business and professional - offices to be constructed in the industrial areas and the type of construction.allowed in each of ithe areas. jBill Frost of Raub, Bein, Frost & Assoc., appeared before the Planning Commission and stated that the I in Page 6. COMMISSQNERS 0) N Fyp�4 m w • N ROLL CALL Motion Second Ayes Abstained • CITY OF NEWPORT BEACH MINUTES July 20, 1972 INDEX j I conditions recommended by the staff report were acceptable. X Following discussion, Planning Commission approved X X X.X X X Resubdivision Application No.,350 subject to the XI following conditions: �X�. i 1. That a Parcel Map be filed. 2. That a P.C.C. sidewalk with a minimum width of 6 feet be constructed immediately behind the curb along the Quail Street frontage. 3. That parkway trees be planted and a parkway irrigation system installed in accordance with the specifications and requirements of the P.B.& R. Department. Item #10 j ; I Request to permit the realignment of lot lines to RESUB- create 2 parcels where 3 parcels now exist. DIV3SION NO. 35T— Location; Lot 1, Tract 756 and Lots 6 and 7, Block S, Bayfront Section of Balboa APPROVED j Tract, located at 1911 and 1917 E. C NDI- Bay Avenue, Balboa, northerly of — TTUVLLY East Balboa Boulevard and easterly 1 of "K" Street on the Balboa �. Peninsula. i l Zone: R -1 Applicant: Henry W. Buckingham,, Pomona i ill Engineer: Raub, Bein, Frost & Assoc., j Costa Mesa II Owner: Same as applicant. jChairman Dosh reviewed the application with the Planning Commission and read a communication dated July 18, 1972 from the Balboa Peninsula Point Association endorsing the request. Assistant Community Development Director Hewicker advised that since these lots were less than 50 feet f I in width as required by Section 19.20.110 of the I ! Newport Beach Municipal Code, it would be necessar j ! for the Planning Commission to grant an exception I as required by Section 19.1 2 .0 4 (f) of the Newpor Beach Municipal Code. Page 7. COMMISSIONERS 0 ROLL Motion Second All Ayes 0 CITY OF NEWPORT BEACH July 20, 1972 MINUTES INDEX Bill Frost of Raub, Bein, Frost & Assoc.,together with Henry Buckingham, the Owner, appeared before the Planning Commission and stated their concurren, with the conditions as recommended by the staff. Planning Commission granted an exception to the width of the lots in accordance with Section 19.12 040 (f) of the Newport Beach Municipal Code findin, that there are special circumstances and condition! affecting the property; that the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and that the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vi.cinity.in which the property is located; and approved Resubdivision Application No. 351 subject to the following conditions: 1. That a Parcel Map be filed. 2. That separate water and sewer services satisfactory to the Public Works Department . be provided to each parcel. 3. That the existing pier and float located. northerly of Parcel 2 be relocated to the satisfaction of the Department of Marine Safety, or that a Joint Ownership Harbor Permit.be obtained if the pier remains in its.present location. Request to resubdivide 1 parcel of land into four residential lots. Location: Portion of Lot A of Tract 919 i located on the southwesterly side of Cliff Drive, westerly of Fuller- ton Avenue and easterly of El Modena Avenue in Newport Heights. Zone: R -1 Applicant: Donald E. Stevens, Costa`Mesa, Owner: Carl Arthofer, Newport Beach Engineer:. Same as Applicant. i The Chairman reviewed the application with the Planning Commission. Page 8. :e Item #11 .1 RESUB- . D —II ISION NO. 35T- REFERRED TO C7 — COUNC.IL FOR FINAL DECISION Rs CITY OF NEWPORT BEACH ROLL CALL ��D�1 July 20, 1972 0 0 MINUTES Community ,Development Director Hogan advised the Planning Commission that this matter was being. considered by the City Council for a view.site and possibly the Planning Commission may want to send this matter on to the City Council for final action since any action by the Planning Commission is final unless appealed. Planning.Commission discussed the above as well as height and setbacks and were advised that a grading permit had been issued and height and setbacks had already been established, therefore, there seemed to be no problem in this respect. Assistant Community Development Director Hewicker advised that a 10 foot setback on the bay side of Cliff Drive all the way to Irvine Avenue had been established for all property and that a '20 foot setback exists on the opposite side of Cliff Drive Community Development Director Hogan advised that if the new Height Ordinance is adopted, the height would no longer be measured from the original j grade but would be measured from the grade established by the grading permit. Also, the I height of the building would be 26 feet instead of 35 feet. I A change in the setback was discussed by the Planning Commission. i Carl Arthofer, owner of the property, appeared before the Planning Commission and stated that he was in agreement with the staff report with the Newport rtHeights Condition No. 4 deleted because wasabout97 %deveopedandt,he sidewalk would serve no purpose as it would start s at one end of the property and stop at the other I end. j City Engineer Nolan stated that this was a stand- ard requirement in conjunction with new subdivi- sions and although Newport Heights is almost completely developed, the condition is justified. Also, since cost would not be a factor (i.e. land- scaping being as expensive as concrete), the Planning Commission should use their discretion i as to this condition. i Carl Arthofer presented pictures of the property for review by the Planning Commission and j reiterated that he felt the community would be better served by landscaping rather than a ribbon of concrete for a sidewalk. Page 9. INDEX COMMISSPNERS v y _ N N N 3 � � ROLL CALL 3 Motion Second Wion Second All Ayes CITY OF NEWPORT BEACH MINUTES July 20, 1972 tuncv Ginger Page, 2412 Cliff Drive, appeared before the Planning Commission and requested that this matter be .continued until after August 1st due to the, fact that this is a site being considered for a view park by the City Council. X Motion was made to continue this matter to August X 3rd.for the reason that it would not be fair to the .applicant to deny a building permit but the privilege of.,subdividing the land is a different matter. Also, the staff would look into the matter of setbacks if the subdivision is to be approved.. Mr. Arthofer appeared before the Planning Commis- sion in protest of the motion as not being fair, especially since the bond issue for parks failed to pass. He stated that he had been delayed long enough and since he kept his part of the.bargain in holding off until after the bond election, the City should keep their part of the bargain and let him go ahead with the project. X Substitute motion was made that Resubdivision X Application No. 352 be referred to the City Council for final action with the Planning Commission recommending denial and further that if the City Council approved Resubdivision Appli- cation No. 352, that the ten (10) conditions recommended in the staff report be included.. The reasons for denial were that the property is currently under consideration by the City Council for possible purchase; that when the property was purchased, it was understood that one residential unit could be built on same and the situation has not changed significantly to necessitate the re- subdivision at this time; and the Planning Commis- sion i,s not convinced that the steepness of the lot lends itself to lots of 50 feet in width. Item #12 USE Request extension of time permitted relative to allowing the addition of a second apartment to an PERMIT existing non - conforming building with commercial —No-.-T-513 uses on the first floor and one apartment on the second floor. EXTENDED T(TR_— Location: Lots 3 and 4, Block 21, Newport Oir YEAR Beach Tract, located at 2110 West Ocean Front, on the north side of West.Ocean Front between 21st Place and 22nd Street. I I. Page 10. COMMISSIONERS 2 N a ROLL CALL a 7cs Motion Second Al Ayes 10 • CITY OF NEWPORT BEACH July 90, 1972 MINUTES, INDEX Zone: C -1 Applicant: Lawrence Scott, Newport Beach Owner: Henry Fredricks, Newport Beach X X Following review of the application, Planning Commission extended Use Permit Application No. 1513 for a period of one (1) year. Planning Commission recessed at 9:00 P.M. and reconvened at 9:05 P.M. Item #13 USE MMIT FG77609 Request to sell beer in conjunction with an exist- • ing restaurant which is within 200 feet of a residential district. APPROVED Location: Portion of Lot 47 of Tract 1133 located at 2606 Avon Street on the north side of Avon Street between CONDI- O ALLY Riverside Avenue and Tustin Avenue in Newport Heights. Zone: C -1 -H Applicant:. Joe R. and Ellen J. Egan, Newport Beach Owner: Norman Carpenter, Newport Beach Chairman Dosh opened the public hearing and review (d the application with the Planning Commission. i Ellen Egan appeared before the Planning Commission and stated that she was agreeable to the condition recommended in the staff report. She also stated she would be in agreement with conditions limiting the hours for sale of beer from 7:00 a.m. to 6:00 p.m. Ginger Page, speaking on behalf of the Newport Heights Association, appeared before the.Planning Commission and stated that if the hours for sale of beer were limited to no later than 6:00 p.m. they would go along with the request. Page 11. COMMISSIONERS Wkw-\ ROLL CALL Motion Second All Ayes 7 Motion Second All Ayes CITY OF NEWPORT BEACH MINUTES July 20, 1972 iunry X Following discussion by the Planning Commission X which included the possibility of entertainment, Use Permit Application No. 1609 was approved. subject to the following conditions: 1. That approval shall be for a 2 year period from the effective date of this action, and any request for extension shall be acted upon by the Modifications Committee. 2. That the sale of beer be limited to the hours from 7:00 a.m. to 6:00 p.m. 3. That no live entertainment be permitted. Item #14 Request to permit live entertainment and dancing USE in conjunction with Cyrano's Restaurant in the C= O- H- UL.District in Newport Center. TffM.IT NNr T6'10 Location: Portion of Lot 22 of Tract 6015 APPROVED located at 600 Newport Center. Drive in Newport Center. Zone: C- O -H -UL Applicant: Cyrano -at- Irvine, Inc., Los Angeles Owner: The Irvine Company, Newport Beach Chairman Dosh opened the public hearing and reviewed the application with the Planning Commis- sion. There,being no one in the audience desiring to appear and be heard in this matter, the Chairman closed the public hearing. X Following a short discussion, Planning Commission X approved Use Permit Application No. 1610. Item #'15 Request to permit a school of photography in USE conjunction with a photographic studio. PERMIT RT IT11 Location: Lot 5 of Tract 3201, located at 3720 Campus Drive, on the north- APPROVED east side of Campus Drive, between CONDi- Bristol Road and Quail Street. Dana 19 TTUATLY COMMISSIONERS 9 'S • ROLL CALL -s � Motion Second A11 Ayes 0 0 CITY OF NEWPORT BEACH MINUTES July 20, 1972 INDEX Zone: M -1 -A Applicant: Richard Esposito, Balboa Island Owner: R. & S. Company, Newport Beach Chairman Dosh opened the public hearing and review d the application with the Planning Commission. Richard Esposito, applicant, appeared before the Planning Commission and stated he had no objection to the conditions as. recommended by the staff. There being no others desiring to appear and be heard, the Chairman closed the public hearing. X Following discussion, Planning Commission approved X Use Permit Application No. 1611 subject to the following conditions: 1. That the use of the premises for class instruction shall be limited to weekends and after 5:00 P.M. on week days. 2. That at no time shall the combined total of instructors, students and employees exceed a maximum of 40 persons. 3. That all off - street parking shall be provided on site. Item #16 Request to permit the construction of a duplex USE in the C -1 District with a zero side yard setback PERMIT for a substandard garage. NO. 1612 Location: Lot 15, Block 12, of Balboa Tract, REFERRED located at 812 East Ocean Front, �I7— between Main Street and "A" Street COUNCIL in Central Balboa. FINAL Zone: C -1 —DrCISION Applicant: Donald E. Huebner, Costa Mesa Owner: Thomas M. Clarke, Balboa Chairman Dosh opened the public hearing in connec- tion with this matter and reviewed the application I and staff report with the Commission. ' Page 13. COMMISSIONERS s • ROLL CALL CITY OF NEWPORT BEACH July 20, 1972 MINUTES INDEX Assistant Community Development Director Hewicker presented additional information with reference to the fact that the Planning Commission had previously initiated a zone change from C -1 to R -2 for a portion of the area which included this particular piece of property and referred same to the City Council who in turn tabled the matter because of the opposition by the property owners. Planning Commission discussed the nonconforming garage and the zero side yards requested by the applicant. Thomas Clarke appeared before the Planning Commis- sion and stated that he had previously planned to use the property for a commercial development and therefore objected to the change in zone, but things have not worked out as planned and now he wanted to withdraw his objection and develop the property for residential use. ion X Following discussion, motion was made to forward and X Use Permit Application No. 1612 to the City Counci for final action with the recommendation that same be approved and with the note that Mr. Clarke withdrew his objection to the zone change and Planning Commission suggested that the City Counci take some action on the zone change previously sent to them. Motion X Following further discussion, a substitute motion Second X was made that Use Permit Application No. 1612 be All Ayes referred to the City Council for final action with the recommendation that same be denied based upon the fact that to date the City Council has, by its action in.tabling the re- zoning of this area, indicated that C -1 is the proper zoning, but that the Planning Commission still feels that residenti 1 use is appropriate for the area and should the City Council concur with the Planning Commission, it is recommended that residential development on this property be limited to a single unit because of the size of the property. It should also be noted that the owner, Mr. Thomas Clarke, has withdrawn his objection to the re- zoning of the area. 1 I Page 14. 9 p ROLL CALL 1J Motion Second All Ayes Motion Second Ayes Noes NrKo CITY OF NEWPORT BEACH MINUTES s July.20, 1972 INDEX Item #17 Request to permit the construction of a duplex in the C -1 District and to establish a 5 foot front yard setback. USE MMIT -_13 Location: Lot 3, Block 3 of Newport Bay Tract located at 304 E. Balboa Boulevard, CONT. TO AUU137 =7 between Coronado Street and Cypress Street on the Balboa Peninsula. Zone: C -1 Applicant: R. T. Faubus, Costa Mesa Owner: M. Dauterman, Los Angeles Chairman Dosh opened the public hearing and reviewed the application and staff report with the Planning Commission. Planning Commission discussed the matter and felt that since there was no representation for either . the applicant or the owner and since this request constitutes a larger density than the Planning Commission would like for the area, motion was X made to continue the public hearing to August 17, 1972, thereby giving ample time for a possible redesign if desired. As recommended by the staff in their report under RESOLD - TTUW— N762 X Item No. 17 above, and following discussion as to which property should be included, Planning Com- X mission initiated proceedings by the adoption of X X X XX X Resolution No. 762 to consider re- zoning a portion X of Block 3, Newport Bay Tract, from the C -1 District to the R -2 District and set a public hearing for August 17, 1972 in connection therewith. Item #18 Request to permit a second floor deck for a proposed single family dwelling to encroach 4 feet into the required 10 foot front yard setback APPEAL OIF— DITICA- TTUN ST9 in the R -3 District. GRANTED Location: Lot 3, Block 7, East Newport Tract, AFIFET—L located at 105 - 8th Street, on the west side of 8th Street between paep Is- COMMISSIONERS v s Q w y N • 0 N £ h ROLL CALL ? CITY OF NEWPORT BEACH July 20, 1972 MINUTES INDEX West Balboa Boulevard and West Ocean Front on the Balboa Peninsula Zone: R -3 Appellant: Agnes McFadden, Newport Beach Owner: Same as appellant. Chairman Dosh opened the public hearing and review Ed the application and staff report with the Planning Commission. Communications from three property owners in the immediate area were introduced, same being in favor of the request. James McFadden appeared before the Planning- Commis-sion on behalf of his wife, the applicant and appellant. He stated it was their intention to replace what was a summer cottage into a permanent year -round single family residence with a two -car garage for their own personal use which will not . increase the intensity of the area as stated by the Modification Committee. He also stated that they want a 10 foot front yard setback, but in order to construct a balcony to be utilized in conjunction with the second floor living quarters it will be necessary for the balcony to encroach into the setback. Mrs. Stewart, owner of the property to the north, appeared before the Planning Commission in favor of this project and.stated that it would be an improvement to the neighborhood. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the setbacks at great length and questioned whether or not it was Intended to enclose the balcony. Herb Brownell, the architect, advised the Planning Commission that the balcony will remain uncovered and un- enclosed. The Planning Commission findings were that the establishment, maintenance or operation of the use of the property or building will not, under the • circumstances of the particular case, be detri- mental to the health, safety, peace, confort and general welfare of persons residing or working in the neighborhood of such proposed use or be detri- mental or injurious to property and improvements in the neighborhood or the general welfare of the PAnD 1A COMMISSLPNERS ds N (0 • £d�S N N ROLL CALL m "s Motion Second Ayes Noes E Motion Second All Ayes Motion Second All Ayes 0 CITY OF NEWPORT BEACH MINUTES July 20, 1972 INDEX X X X X X X X N City. Therefore, Planning Commission overruled the denial by the Modifications Committee and granted the appeal which is not to serve as a precedence for the Modification Committee for all areas of the City but is strictly for this block. Item #19 AMENDMENT Request to amend Title 20 of the Newport Beach Municipal Code pertaining to public notification procedures for Use Permits, Amendments, Variances N . 331 and Modifications. APPROVED Initiated by: The City of Newport Beach Public hearing was opened and the Planning Commis- sion discussed the matter of publishing notices in the paper as well as sending out individual notices. They also discussed the possibility of mailing the agenda to the various homeowners associations as an alternative means of notification and made note of the fact that since some associations were more active than others and the cost of mailing on such a large scale may be prohibitive, possibly some arrangement could be made whereby the agenda would be mailed to those interested associations for a set fee to defray the cost of the mailing. There being no one in the audience desiring to appear and be heard in this matter, the Chairman closed the Public Hearing. X X Following discussion, Planning Commission recom- mended to the City Council that Amendment No. 331 be approved. ADDITIONAL BUSINESS Policies regarding side yard encroachments for LANNING garages were reviewed and discussed by the Plan- ning Commission. SSI01 POLICY X X Following discussion and revisions, Planning Commission adopted policies regarding side yard encroachments for garages and directed the staff to forward the adopted policies to the City Council for review together with a communication giving the reasons which necessitate the policies. ING IDE YARD - R i Page 17. COMMISSIONERS s ROLL CALL July Motion Second Ayes Noes Abstain Motion Second All Ayes r1 �J Motion Second All Ayes L] CITY OF NEWPORT BEACH MINUTES 20, 1972 TNOFX X X X X XX X X X Planning Commission discussed various portions of Collins Radio Planned Community Text followed by ' which motion,was made that the Planning Commission reinforce its position that a phasing schedule be adopted as a part of the text of the Collins Plan - ned.Community in order that the City have control over the development in relationship to the traffi system. If this control were not going to be ava,ilable, the Commission might not have approved the proposal as presented. Planning Commission discussed the P -C Text for Newport Place in connection with allowing profes- sional offices in the industrial sections and felt this matter should be reviewed further. COLLINS R—ADIO �- TEYT NEWPORT ENUTE RESOLU- TION X Therefore, Planning Commission adopted Resolution TS'1- X No. 763 initiating proceedings to consider an amendment to the planned community land use plan'' and development standards for Newport Place to delete professional offices in the industrial sections and set a public hearing for August 17,' 1972. X Following a general discussion, Planning Commissio X adjourned the meeting. Time: 12:055 a.m. (j 4. ac eline E. Heather, Secretary Planning Commission City of Newport Beach �I i I. Page 18.