HomeMy WebLinkAbout08/20/1970Minutes of:
Date:
Time:
Place:
CITY OF NEWPORT BEACH
Regular Meeting of Planning Commission
August 20, 1970
8:00 P.M:
Council Chambers
COMMISSIONERS
v
w
ROLL CALL
Commissioners Present-
x
x
x
x
x
Commissioners Absent
x
x
EX-OFFICIO
MEMBERS
James D. Hewicker, Asst. Planning Director
Dennis O'Neil, Asst. City Attorney ,
Benjamin:B. .Nolan, City.Engineer
STAFF MEMBERS
William R. Foley, Assistant Planner
Helen Herrmann
MINUTES
On motion of Commissioner Adkinson, seconded
by Commissioner Dosh, and carried., -.the minutes
of August 6, 1970 were approved.
Item 1.
Public hearing to determine.whether or not.the
REVOCATION
F USE
Planning Commission shall revoke this use
PERMIT .NO,
permit due to noncompliance with conditions
of approval..
1285
REVOCATIO
Location: Portion of Lot 169, Block 2,.of
Irvine's Subdivision located at
393 Hospital Road,'on. the north
PROCEED-
INGS
WITHDRAWN
side of'Hospital Road between..
Newport Boulevard and Placentia
Avenue.
Zone: R -3 and C -O -H
Owner: Central Newport Healthcare Corp.
% Mission Convalescent Hospital
San Gabriel, California.
Assistant Planning Director Hewicker stated
that the one condition of approval that.had
not been complied with at the last meeting,
namely landscaping, has.now been partially com
..
pleted. Landscaping in the form of ivy has_be
n
planted on the hospital property but none, as
yet, has been planted on the graded area in the
right -of -way of Newport Boulevard.
Page 1.
CITY OF NEWPORT BEACH
a A,nt,r+ 20_ iq70
COMMISSIONERS
lk k V�c
The staff was of the opinion that the entire
bank should be planted in ivy, however, due
to difficulties involved in irrigating the .
portion of the slope on the State right -of -way
the staff feels that ice plant would be accept
able.
Mr. Slavick who is the Director of the Central
Newport,Healthcare Corporation was present and
answered questions of the Commission. The
Commission indicated they would prefer.not to
have a fence on Newport'Boulevard but Mr.
Slavick stated that the State Division of
Highways requires the fence and dictates where
it will be placed. Upon being questioned
further, Mr. Slavick indicated the planting
should be completed within the next week or
10 days.
After further discussion, Commissioner Dosh
Motion
x
moved that the action to :revoke Use Permit No.
Second
x
1285 be withdrawn with the understanding. that
All Aye
•
the conditions as stated in the original use
permit will be completed within 10 days.
Item 2.
ZONE
Request to,prezone unincorporated territory
rF"—GE
adjoining the City of Newport Beach for the
AKIN TENT
purpose of determining the zoning that will
apply to such property in the event of subse-
90. 268
quent annexation to the City:, Specific con -
CONTINUED
sideration will be given to establishment of
a P -C (Planned Community) District to provide
N
URTT —
SEPT. 3
for development of approximately 356,6 acres
of.land, located north of San Joaquin Hills
Road and east of MacArthur Boulevard (realigpe
)
as.a residential community comprised of a
mixture -of residential densities, and support -.
ing commercial facilities.
Location: Portion of Bl.ocks 91, 92, 96, 97,
98 and 129 of Irvine's Subdivisio
located north of.San Joaquin Hill
Road and east of MacArthur Boule-
vard (realigned).
Zone: A -1 (Orange County)
Applicant: The Irvine Company, Newport Beach
Owner: Same as applicant.
Page 2.-
CITY OF NEWPORT BEACH
in Aunuct 90. 197n
COMMISSIONERS
101 115r
u Y
d 5
Assistant Planning Director Hewicker presented
the application to the Commission and stated
that since the last meeting, some minor change
had been made in the text and he reviewed thes
with the Commission. With respect to the divi
sion of the school district boundaries, it was
explained that a meeting had been held in the
Irvine Company headquarters with members of
the Planning Department staff, Irvine Company
representat.ives and representatives of the
school districts attending. While no immediat
solution.was arrived at, it was indicated ther
would be additional meetings and the Superin-
tendents of the schools in question would take
the findings back to their respective Boards.
Mr. James E. Taylor of the Irvine Company was
present and addressed the Commission at length
regarding this application.
Mr. Raymond Schnierer, Business Manager of the
Newport -Mesa Unified School District addressed
the Commission and stated he could not add muc
to what had already been discussed except that
the Superintendents to togeth
are planning get
r
to form some recommendations to take to their
respective School Boards. The Newport -Mesa
Unified School Board will be meeting the first
Tuesday in September. However, Mr. Schnierer
indicated that he did not know whether anythin
could be put together by that time but believe
everyone is in agreement that there is a prob-
lem.which they would like to see resolved.
Commissioner Adkinson indicated that the appli
a-
tion should be denied unless the entire area
were in the Newport Mesa Unified School Distri
t
and he would like to have the Commission polIe
on this matter. There was a further lengthy
discussion, after which Chairman Jakosky close
the public hearing.
At this point Mr. Taylor asked whether he coul
make some additional remarks and the public
Motion
x
hearing was reopened.
Second
x
Mr. Taylor stated that rather than have the
Ayes
x
x
x
x
application denied, he would ask that it be
Abstain
x
held over for two weeks and, if possible, a
letter sent to the City Council inquiring whet
er
•
the Commission should proceed with the prezoni
g
of property divided by school boundaries.
Chairman Jakosky polled the Commission members
and 4 of those ppresent stated they look favor -
ably on the application only if the school
district boundaries coincide with the area
Page 3.
CITY OF NEWPORT BEACH
Ah e n c+ 9n 107n
COMMISSIONERS
a
requested for prezoning prior to annexation.
The Commission moved that this application be
continued until September 3, 1970, at the re-
Motion
x
quest of the applicant, and that a letter be
Second
x
written to the City Council noting that the
Ayes
x
x
x
x
Commission has before it an application upon
Abstain
x
which it looks favorably but where a majority
of the Commissioners have expressed concern re-
garding present school district boundaries
which divide the community and cause a portion
of the area to lie outside the Newport -Mesa
Unified School District.
Item 3.
USE PERMir
Request for waiver of the off- street parking r
quirements for a 91 seat restaurant; and furth
-
r
request to permit alcoholic beverages to be
CONTINUED
served within 200 feet of a residential distri
t.
UNTIL
OCTOBER 1
Location: Portion of Lots 9, 10 and 11 of
Block 12, Balboa Tract, located a
•
100 Main Street, Balboa, on the
northeasterly corner of Main
Street and Ocean Front Boulevard.
Zone: C -1
Applicant: Harry Alexon, Newport Beach
Owner: Same as applicant
Continued until October 1,.1970 at the request
Motion
x
of the applicant's attorney, Dennis Harwood.
Second
x
Ayes
x
x
x
x
Item 4;
Abstain
x
VARIANCE
Request for extension of a previously approved
variance permitting a' duplex be constructed
NO. 966,
.to
on a lot having 1875 sq.ft. of land area where
APPROVED
the ordinance requires 2000 sq.ft.
Location: Lot 1, Block 27, Newport Beach
Tract; located at 2700 West Ocean
Front on the northwest corner of
West Ocean Front and 27th Street.
•
Zone: R -2
Applicant: R. J. Marvick, Santa Ana
Owner: Same as applicant.
Page 4.
CITY OF NEWPORT BEACH
Am Auaust 20. 1970
COMMISSIONERS
v
V
Olt 0 s >w
Assistant Planning Director Hewicker explained
this extension request to the Commission and
after a short discussion, a one year extension
Motion
x
was granted subject to the same conditions im=
Second
x
posed when the application was originally ap-
Ayes
x
x
x
x
proved.
Noes
x
Item 5.
RESUBDIVI
Request to resubdivide 2 2/3 lots into 2 lots
to create two separate dwelling sites.
SION
NO. 286
Location: Portion of Lot 11 and all of Lots
CONTINUED
13 and 15, Block 136, Corona del
Mar, located at 213 and 215
UNTIL
SEPT. 3
Jasmine Avenue on the west side
of Jasmine Avenue between Ocean
Boulevard and Seaview Avenue.
Zone: R -1
Applicant: Neil D. Nelson, La.gwna Beach
Owner: Anthony B. Joseph, Burbank
•
Assistant Planning Director Hewicker explained
that the staff has asked the applicant to sub-
mit a landscape plan.prepared by a landscape
architect or registered architect showing how
the property could physically be made into two
building sites properly related to the two
existing dwellings. It was further explained
that inasmuch as there has been insufficient
time to prepare the required plans, the appli-
cant has requested that this matter be con-
Motion
x
tinued until September 3, 1970.
Second
x
All Aye
Item 6.
RESUBDIVI
Request to resubdivide one parcel of land into
two parcels. One of these is intended as an
SION
NO. Z87
apartment site. The second parcel is designat
d
in part for future use by the Harbor View Day
APPROVED
School.
Location: Portion of Block 96, Irvine's Sub
vision located on the east side
of Marguerite Avenue between San
Joaquin Hills Road and Pacific
•
View Drive.
Zone: R -3 and R -3 -13
Applicant The Irvine Company, Newport Beach
Owner: Same as applicant.
Page 5.
CITY OF NEWPORT BEACH
Auqust 20, 1970
COMMISSIONERS
G j �
Mr. Ron Stone represented the Irvine Company
and stated that they were in agreement with the
conditions recommended'by the Public Works
Department..
After a discussion, the application was
Motion
x
approved, subject to the following conditions:
Second
x
All Aye
1.. That all public improvements be con-
structed as required by ordinance
and the Public Works Department..
2. That a Parcel Map be filed.
3. That a total of 60 feet of right -of-
way be dedicated along Pacific View
Drive and that all improvements be
constructed as required by ordinance
and the Public Works Department. The
City.will be responsible for the im-
provements on the northerly half of
the street adjacent to Big Canyon
•
Reservoir.
4. That the remaining street improvements
(sidewalk and street lights) be com-
pleted along Marguerite Avenue from
San Joaquin Hills Road to Pacific
View Drive.
5. That all grading and storm drain con-
struction work in San Joaquin Hills
Road be completed, and that the requir-
ment for completion of the remaining
surface improvements be waived, pro-
vided surface improvements to one -half
the width of San Joaquin Hills Road
are completed in conjunction with
Tract 6152 and /or Tract 7247. As a
condition of approval of Tracts 6152
and 7247, completion of improvements
on the half -width of San Joaquin Hills
Road was required: This work, together
with the grading and drainage work,
completes the landowner's obligations
under the Capital Improvement Policy.
•
6. The vehicular access rights to San
Joaquin Hills Road be dedicated to the
City.
7. That standard surety and agreements.
Page 6.
CITY OF NEWPORT BEACH
is Auaust 20. 1970
COMMISSIONERS
be provided to guarantee completion
of the public improvements . if it is
desired to have building permits
issued or the parcel map recorded
prior to completion of such improve-
ments.
8. That all.grading be in accordance
with grading plans and reports approved
by the Public Works Director and a
qualified Soils Engineer. Upon com -
pletion of the grading, the Civil
Engineer and the Soils Engineer shall
certify that the grading has been com-
pleted in accordance with the plans,
and the requirements of-the grading
ordinance. Reproducible copies of
the plans on standard size sheets
shall be furnished to the Public
Works. Department.
9. That the Water Capital Improvement
acreage fee be paid.
10. That all parkway trees be planted in
accordance with standards of the
Parks, Beaches, and Recreation Depart -
ment.and the established inspection
fee be paid.
Commissioner Adkinson left the dais prior to
consideration of the following item in order
to avoid a conflict of interest..
I
Item 7.
VARIANCE
Request to reduce the required number of off-
NO. 9T'_
street parking spaces from 56 to 45 for a
proposed office building.
APPROVED
Location: Portion of Block 93, Irvine's
Subdivision located at 366 San
Miguel Drive on.the S.W. side
of San Miguel Drive between
Newport Center Drive and future
Avocado Avenue:
•
Zone:. C- O -H -UL
Applicant: M. S. Clegg Company
Owner: The Irvine Company
Page 7.
CITY OF NEWPORT BEACH
August 20 1970
COMMISSIONERS
v
V
0 0
d
�o�o�NS
> 3:
Mr. Robert Clegg was present and stated that
the parking for this building had been calcu-
lated in accordance with information given
him by the Planning Department and rather than
lease most of the parking spaces off -site from
the Irvine Company, their building was designe
so the entire first floor (25 spaces) is
devoted to parking; the other 20 spaces'being
leased from the Irvine..Company. Now, upon being
informed they need 11 additional spaces, they
are advised by the Irvine Company t.hat.there are
no further spaces available ..for.lease . in Block
300.
Mr. Taylor of the Irvine Company substantiated
Mr. Clegg's testimony and stated the Irvine
Company has investigated the prospect of joint
use of parking space but he is not sure if
they have come up with a solution.
Commissioner Martin stated he felt,.,t.- unfair t
require 11 additional parking spaces of this
particular applicant since at the time he made
•
his plans, spaces were available for lease; hi
plans were prepared in accordance with informa-
tion given him by the City.and the applicant
was under the impression that.he was providing
the required parking.
There was a lengthy discussion regarding the
parking in Newport Center and'Jeff Pence of
Coldwell Banker also addressed the'Commission
and stated he was involved in this lease and
could affirm the information given to Mr.
Clegg regarding parking..
Commissioner Glass moved that; in view of the
Motion
x
information given to Mr. Clegg and due to the
Second
x
fact that he is devoting the entire ground
Ayes
x
x
x
x
floor of his building to parking and there are
Abstain
x
no further spaces available for Tease, that
the application be approved.
Commissioner Adkinson returned to the dais.
Following the above hearing, Chairman Jakosky
directed a comment to Mr. James Taylor of the
Irvine Company stating that on numerous
•
occasions the Commission had asked for the
count in Newport Center; he
parking again
asked that this information be furnished to
the City so the attorney's office could
finalize the parking agreement. In the mean -
Page 8.
CITY OF NEWPORT BEACH
Am Aunust 9n_ 197n
COMMISSIONERS
Item 8.
KEEPING
OF
LIVESTOCK
time, it was the ruling.. of the Commission that
the U.B.C. definition of gross f.loor..:area wool
be used in determining 'p'arking re.quirements
pending further studies.
The Commission considered a memorandum address
to the City Council regarding the keeping of
livestock in the City of Newport Beach
d
IN
NEWPORT
Mr. D. C. Duncan of 2148 Mesa Drive addressed
BEACH
the Commission and stated that he and Mr.'
Shipley Bayless of 2128 Mesa Drive had a use
permit which allowed them to use their propert
in accordance with the R -A zoning regulations.
Mr. Roy Carver stated his address is 2140 Mesa
Drive and not 2138 as it appears in the report
He also has a use permit, however, it does not
refer to the R -A zoning and he would be will -
ing to amend his use permit to ,include this
reference if the Commission deemed it necessar
..
The Commission directed that the record show
•
they did not think it necessary for Mr. Carver
to amend his use permit.
The memorandum addressed to the City Council
Motion
x
regarding livestock was approved with the
Second
x
addition of the word "sheep" to Section,
Ayes
x
X
x
7.12.010 and the correction of Mr. Carver's
Abstain
x
address on Page 3.
ADDITIONAL
BUSINESS
Commissioner Adkinson stepped down from the
dais during discussion of the following item.
1.
The staff presented the Commissioners with a
copy of a letter dated August 12, 1970 from
Dr. Earl M. Brady, the owner of the property
located at 3708 East Coast Highway which is
the site of the "Beef Box Restaurant" approved
under Use Permit No. 1485 on July 28, 1970.
Dr. Brady stated that he had not been able to
reach a satisfactory lease agreement with the
"Beef Box ", therefore Lot 3 was not available
for parking as shown on the approved plat plan
The Commission asked the City Attorney to look
.
into this matter and inform the applicant that
unless satisfactory arrangements could be
worked out, that the City would declare the
use permit null and void.
Commissioner Adkinson returned to the dais:
Page 9:
CITY OF NEWPORT BEACH
Ah Auaust 20. 1970
COMMISSIONERS
Fes'
� O N
2.
Assistant Planning Director Hewicker called
the Commissions' attention to an invitation
from Chuck Alexander of the Carpenter's Shop,
511 E. Balboa Boulevard, to attend one of the
four remaining shows this summer, to be held
on Friday and Saturday nights, August 21, 22,
28 or 29, 1970 at 8:00 P.M. and 10:00 P.M.
3.
The staff stated that they had received a re-
quest from Isadore's Restaurant, 341 Bayside
Drive, to approve the use of additional parkin
spaces after 5 o'clock in order to increase
their permitted occupancy load from 105 to 182.
The Commissioners felt that they did not have
enough information to make a decision and asked
that this matter be presented at the next
meeting.
On motion of Commissioner Adkinson, seconded
by Commissioner Glass, and carried, the meeting
was adjourned until September 3, 1970 at 8:00
P.M. in the City Council Chambers.
K '
Don R. Adkinson, Secretary
Planning Commission
Page 10.