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HomeMy WebLinkAbout09/23/1982MMtISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers e ; TIME: 7:30 p.m. ? 2 ' m m DATE: September 23, 1982 m w City of Newport Beach All Present. ■ • x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney • x t STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Pamela Woods, Secretary x * t APPROVAL OF THE MINUTES • Minutes of August 19, 1982 at 2:00 p.m. Motion X Motion was made to approve the Minutes of the Adjourned All Ayes X X X X X X K Planning Commission Meeting of August 19, 1982 at 2:00 p.m., as written, which MOTION CARRIED. Minutes of September 9, 1982 Motion X Motion was made to approve the Minutes of the Planning All Ayes X X X X X Commission Meeting of September 9, 1982, as written, which MOTION CARRIED. Staff advised the Commission that the applicant for Item No. 1 - Use Permit No. 2091, has requested that this item be removed from the calendar until further notice. Motion Motion was made to remove Item No. 1 - Use Permit No. A11 Ayes X 111X111 X X X X X X 2091, from the calendar, which MOTION CARRIED. -I- MINUTES INDEX CALL • Motion. A11 Ayes • September 23, 1982 m o w. City of Newport Beach Request to construct a two story office building that exceeds 5,000 sq. ft. of floor area in the Old Newport Boulevard Specific Plan Area where said Specific Area Plan has not been adopted. A modification to the required size of parking spaces and aisle width is also requested, and the acceptance of an environmental. document. LOCATION: Lot 7, Block 6, Tract 27, located at 494 North Newport Boulevard, on the easterly side of North Newport Boulevard, between Bolsa Avenue and Orange Avenue, in the Old Newport Boulevard Specific Plan Area. ZONE: C -1 APPLICANT: Riverside West, Ltd., Newport Beach OWNER: The Estate of Barbara Joan Clark Staff advised the Commission that the applicant for Item No. .1 - Use Permit: No. 2091, has requested that this item be removed from the calendar until further notice. X Motion. was made to remove Item No. 1 - Use Permit No. X X X 2091, from the calendar, which MOTION CARRIED. -2- MINUTES INDEX Item #1 USE PERMIT NO. 2091 REMOVED FROM CALENDAR ,September 23, 1982 of Newport Beach MINUTES INDEX Request to permit the establishment of a take -out Item #2 Haagen -Dazs ice -cream shop in the C -1 District, and to waive all but one of the required off - street parking spaces in conjunction with said use. LOCATION: Lot 15, Block A, Section 4, Balboa Island, located at 332 -A Marine Avenue, USE PERMIT on the easterly side of Marine Avenue, 02099 — on Balboa Island. ZONE: C -1 APPLICANTS: Stephen M. and Lynn G. Curtis, Balboa Island OWNER: Same as applicants The continued public hearing opened in connection with • this item and Mr. Ed Siebel, attorney, representing the applicants, appeared before the Commission. Mr. Siebel stated that they have met with the various associations on Balboa Island to discuss the proposed application. Mr. Siebel stated that the applicants have agreed to modify their hours of operation to 10:00 a.m. to 10:00 p.m. He 'stated that they have also agreed to specifically list the foods which will be served in the facility. He further stated that the applicants are willing to maintain the sidewalk in such a manner so that debris or waste water does not enter the storm drain system, provided that an effective procedure can be developed. Mr. Siebel distributed a photograph of a Haagen -Dazs facility in Denver, Colorado, which depicted a seating arrangement utilizing 18 inch tables. He stated that the applicants are proposing six of, these tables in conjunction with a bench. He stated that these tables were inserted into the plan at the specific request of the various associations on Balboa Island. Planning Director Hewicker stated that a revised Exhibit "B" for the Findings and Conditions of Approval, has been distributed to the Planning . Commission members, which reflects these concerns. -3- APPROVED CONDI- TTONAI LY r m. m a m > 7c G) c m - ,September 23, 1982 of Newport Beach MINUTES INDEX Request to permit the establishment of a take -out Item #2 Haagen -Dazs ice -cream shop in the C -1 District, and to waive all but one of the required off - street parking spaces in conjunction with said use. LOCATION: Lot 15, Block A, Section 4, Balboa Island, located at 332 -A Marine Avenue, USE PERMIT on the easterly side of Marine Avenue, 02099 — on Balboa Island. ZONE: C -1 APPLICANTS: Stephen M. and Lynn G. Curtis, Balboa Island OWNER: Same as applicants The continued public hearing opened in connection with • this item and Mr. Ed Siebel, attorney, representing the applicants, appeared before the Commission. Mr. Siebel stated that they have met with the various associations on Balboa Island to discuss the proposed application. Mr. Siebel stated that the applicants have agreed to modify their hours of operation to 10:00 a.m. to 10:00 p.m. He 'stated that they have also agreed to specifically list the foods which will be served in the facility. He further stated that the applicants are willing to maintain the sidewalk in such a manner so that debris or waste water does not enter the storm drain system, provided that an effective procedure can be developed. Mr. Siebel distributed a photograph of a Haagen -Dazs facility in Denver, Colorado, which depicted a seating arrangement utilizing 18 inch tables. He stated that the applicants are proposing six of, these tables in conjunction with a bench. He stated that these tables were inserted into the plan at the specific request of the various associations on Balboa Island. Planning Director Hewicker stated that a revised Exhibit "B" for the Findings and Conditions of Approval, has been distributed to the Planning . Commission members, which reflects these concerns. -3- APPROVED CONDI- TTONAI LY COMMISSIONERS September 23, 1982 y City of Newport Beach MINUTES M ROLL CALL I I I I Jill I INDEX Mr. Siebel stated that representatives of the various associations are in attendance of the meeting, to answer any of the Commission's questions. Ms. Betty Felling, resident of 309 Grand Canal; appeared before the Commission in opposition to the proposed request. Ms. Felling stated that the proposed use is located on the heaviest traffic impacted intersection which is at the entrance to Balboa Island. She further stated that the Fire Station is located directly across the street from the proposed use. She stated that in order for the proposed facility to be financially feasible, it must be a destination point. She stated that the proposed facility will be detrimental to the traffic flow on Balboa Island and a detriment to the well being of the adjoining residents. Ms. Joan Gregorius, resident of 1405 North Bay Front, appeared before the Commission and referred to her . letter of September 1, 1982, which expressed her objections to the proposed application. Ms. Gregorius also submitted a letter of opposition from Mrs. Arthur Kramer, resident of 1403 N. Bay Front. Mr. Brett Klyver, resident of 120 Topaz, representing the Balboa Island Improvement Association and the Little Balboa Island Property Owner's Association, appeared before the Commission. Mr. Klyver stated that the findings and conditions of approval as outlined in the revised Exhibit "B" are acceptable to both of the Associations. In response to a question posed by Commissioner Allen, Mr. Klyver stated that the associations recommended the proposed seating arrangement because they were concerned that the patrons.of the ice -cream shop have a place to sit, rather than sitting on the sidewalk on Marine Avenue.. Commissioner Allen asked Mr. Klyver to respond to Condition No. 11 in Exhibit "B ", which relates to the sidewalk cleaning. Mr. Klyver stated that sidewalk cleaning and maintenance is an acute problem on Balboa Island and of ,great concern with the various Island Associations. He stated that many of the association members have appropriated monies to help clean the sidewalks. me MINUTES September 23, 1982 of Newport Beach INDEX In response to a question posed by Commissioner King, Mr. Klyver stated that there are approximately 600 members of the Balboa Island Business Association. Commissioner King suggested that perhaps the Association's Bylaws could be reinforced to the extent that the members be forced to clean and maintain their respective sidewalks. Mr. Tony Horvack, member of the Board of Directors for the Balboa Island Business Association, appeared before the Commission and stated that the subject the association is concerned with, is the issue of sidewalk cleaning on Balboa Island. He stated that the problem in the past, has been the nature of the various businesses on Balboa Island. He stated that they feel that Haagen -Dazs is a quality store which will serve to upgrade the Island. Commissioner King stated that a machine called the . "Auto Scrub" can clean the sidewalk and vacuums up its own water. He stated that these machines range in price from $1,700 to $3,000. Mr. Horvack stated that he will' present this suggestion to the Balboa Island Business Association. Commissioner Balalis stated that the same sidewalk maintenance problems occur in the McFadden Square area. He asked what responsibility the City has in cleaning and maintaining the sidewalks. Mr. Don Webb, City Engineer, stated that the City sweeps the streets on a weekly basis, but the cleaning of the sidewalks is the responsibility of the adjoining property owner. Mr. Bob Burnham, Assistant City Attorney, stated that there are provisions in the Municipal Code and Streets and Highways Code that the adjoining property owner clean and maintain the sidewalk. Commissioner King asked if the City has access to complaints which are filed with the County Health Department. Planning Director Hewicker stated that County Health Department has a representative which works with the City of Newport Beach and the License Department. Motion I 1XI I I I I 1 I Motion was made for approval of Use Permit No. 2099, • subject to the findings and conditions of the revised Exhibit "B ". -5- F v m > JC L7 m D MINUTES September 23, 1982 of Newport Beach INDEX In response to a question posed by Commissioner King, Mr. Klyver stated that there are approximately 600 members of the Balboa Island Business Association. Commissioner King suggested that perhaps the Association's Bylaws could be reinforced to the extent that the members be forced to clean and maintain their respective sidewalks. Mr. Tony Horvack, member of the Board of Directors for the Balboa Island Business Association, appeared before the Commission and stated that the subject the association is concerned with, is the issue of sidewalk cleaning on Balboa Island. He stated that the problem in the past, has been the nature of the various businesses on Balboa Island. He stated that they feel that Haagen -Dazs is a quality store which will serve to upgrade the Island. Commissioner King stated that a machine called the . "Auto Scrub" can clean the sidewalk and vacuums up its own water. He stated that these machines range in price from $1,700 to $3,000. Mr. Horvack stated that he will' present this suggestion to the Balboa Island Business Association. Commissioner Balalis stated that the same sidewalk maintenance problems occur in the McFadden Square area. He asked what responsibility the City has in cleaning and maintaining the sidewalks. Mr. Don Webb, City Engineer, stated that the City sweeps the streets on a weekly basis, but the cleaning of the sidewalks is the responsibility of the adjoining property owner. Mr. Bob Burnham, Assistant City Attorney, stated that there are provisions in the Municipal Code and Streets and Highways Code that the adjoining property owner clean and maintain the sidewalk. Commissioner King asked if the City has access to complaints which are filed with the County Health Department. Planning Director Hewicker stated that County Health Department has a representative which works with the City of Newport Beach and the License Department. Motion I 1XI I I I I 1 I Motion was made for approval of Use Permit No. 2099, • subject to the findings and conditions of the revised Exhibit "B ". -5- Amendment Aifptance Ayes Noes 11 � x � r c w � W c n x Q m a MINUTES September 23, 1982 of Newport Beach Commissioner Allen stated that she will be supporting the motion for approval. She stated that Condition of Approval No. 11, which relates to the cleaning of the sidewalk, creates a good start at cleaning the sidewalks on Balboa Island. She further stated that the applicant resides on the second story of the, building and therefore will be aware of any problems which may occur. Commissioner Goff stated that he encourages the Balboa Island community to address their sidewalk cleaning problems and parking problems. However, he stated that the proximity of the proposed ice cream facility to the alley and the residential neighborhood beyond, may, create negative impacts. X Amendment to the motion was made .to provide for bench seating only in the proposed facility, rather than the X use of the proposed tables and chairs. Commissioner McLaughlin stated that she would accept this as an amendment to her motion. XIX IX IX I I XI XI Amended Motion for approval was now voted on, subject to the following findings and conditions, which AMENDED MOTION CARRIED: FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, utilities, and a portion of the required parking spaces, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. INDEX COMMISSIONERS � c m m x0mDCityof c a A o m > > m y c September 23, 1982 4. That the proposed use 'does not .represent an intensification of use that will result in an increased parking demand for the area. 5. The Police Department has indicated that it does not contemplate any problems. 6. The approval of Use Permit No. 2099 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: - • 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That all previous applicable Conditions of Use Permit No. 1519 shall be maintained. 3. That the development standards related to all but one of the required off - street parking spaces, circulation, walls, landscaping, and utility requirements are waived. , 4. That all exterior lighting and signs shall conform to Chapters 20.06 and 26.72 of the Newport Beach Municipal Code. 5. That all mechanical equipment and trash areas shall be screened from Marine Avenue and the adjoining alley and properties. 6. That a trash compactor shall be installed. 7. That all trash, including compacted trash bags and recyclable containers., shall be stored within,the building until they are to be picked up. • I I( I I I! -7- MINUTES INDEX MINUTES September 23, 1982 of Newport Beach INDEX 8. That no cooking, or any food preparation other than ice cream, 'related products, or other approved items, shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. Other than .ice cream and toppings,. sales shall be limited to coffee, juices, brownies, cookies, milk, mineral water and Haagen -Dazs' T- shirts. 9. That the hours of operation shall be restricted to the hours between 10:00 a.m. and 10:00 p.m. 10. That the adjoining alleys shall be posted for "no • parking." 11. That the sidewalk on Marine Avenue shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or. washed in such a manner that any debris or waste water does not enter the storm drain system. 12. That only bench seating shall be provided in the facility, rather than tables, and chairs, as originally requested by the applicants. 13. That this approval shall be for a period of one year, and any extension shall be subject to approval of the Modifications Committee.. • IIIIIIII _8_ F � r c � m JC iii m D 9 September 23, 1982 of Newport Beach INDEX 8. That no cooking, or any food preparation other than ice cream, 'related products, or other approved items, shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. Other than .ice cream and toppings,. sales shall be limited to coffee, juices, brownies, cookies, milk, mineral water and Haagen -Dazs' T- shirts. 9. That the hours of operation shall be restricted to the hours between 10:00 a.m. and 10:00 p.m. 10. That the adjoining alleys shall be posted for "no • parking." 11. That the sidewalk on Marine Avenue shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or. washed in such a manner that any debris or waste water does not enter the storm drain system. 12. That only bench seating shall be provided in the facility, rather than tables, and chairs, as originally requested by the applicants. 13. That this approval shall be for a period of one year, and any extension shall be subject to approval of the Modifications Committee.. • IIIIIIII _8_ m September 23, 1982 Beach MINUTES INDEX Request to consider an amendment to a portion of the Item #3 Districting Map No. 21 so as to designate a front yard setback of 20 feet on Kings Road and Kings Place where said Districting Map now designates a 10 foot front yard setback, and the acceptance of an environmental document. LOCATION: The bluff side of Kings Road and Kings AMENDMENT Place between Irvine Avenue and Dover NO. 577 Drive in Cliff Haven.- ZONES: R -1 and R -2 INITIATED BY: The City of.Newport Beach DENIED The public hearing opened in connection with this item and Mr. Robert Coldren, attorney, representing Save Our Neighborhood, which consists of homeowners on the . inland side of Kings Road, appeared before the Commission. Mr. Coldren distributed to the Commission, copies of an addendum to the petition and request for a building moritorium which was originally filed on March 26, 1982, which also included copies of the CC &R's. Mr. Coldren stated that the neighborhood was originally developed with a common scheme and plan, which included certain restrictions along the bluff side of Kings Road, that were meant to benefit the balance and character of the community, specifically the inland neighbors and their view protection. Mr. Coldren stated that it appears that the staff is concerned with the propriety of the 20 foot setbacks for procedural reasons, rather than the issue of the height along the bluff side. He stated that The Irvine . Company's lease restrictions clearly demonstrates that the bluff side has always been intended for one -story structures.. Mr. Coldren stated that in 1979 the City Council adopted Ordinance No. 1793, establishing a height restriction on structures constructed on the bluff side of Kings Road. He stated that the homeowners located on the inland side of Kings Road do have the right to • protect and preserve the integrity of this bluff � r c v m 7, G m s C E 6 5 G_ m m September 23, 1982 Beach MINUTES INDEX Request to consider an amendment to a portion of the Item #3 Districting Map No. 21 so as to designate a front yard setback of 20 feet on Kings Road and Kings Place where said Districting Map now designates a 10 foot front yard setback, and the acceptance of an environmental document. LOCATION: The bluff side of Kings Road and Kings AMENDMENT Place between Irvine Avenue and Dover NO. 577 Drive in Cliff Haven.- ZONES: R -1 and R -2 INITIATED BY: The City of.Newport Beach DENIED The public hearing opened in connection with this item and Mr. Robert Coldren, attorney, representing Save Our Neighborhood, which consists of homeowners on the . inland side of Kings Road, appeared before the Commission. Mr. Coldren distributed to the Commission, copies of an addendum to the petition and request for a building moritorium which was originally filed on March 26, 1982, which also included copies of the CC &R's. Mr. Coldren stated that the neighborhood was originally developed with a common scheme and plan, which included certain restrictions along the bluff side of Kings Road, that were meant to benefit the balance and character of the community, specifically the inland neighbors and their view protection. Mr. Coldren stated that it appears that the staff is concerned with the propriety of the 20 foot setbacks for procedural reasons, rather than the issue of the height along the bluff side. He stated that The Irvine . Company's lease restrictions clearly demonstrates that the bluff side has always been intended for one -story structures.. Mr. Coldren stated that in 1979 the City Council adopted Ordinance No. 1793, establishing a height restriction on structures constructed on the bluff side of Kings Road. He stated that the homeowners located on the inland side of Kings Road do have the right to • protect and preserve the integrity of this bluff September 23, 1982 7 e m E m m N. > = City of Newport Beach community. He stated that it is apparent that in 1979 the City Council felt that the restriction of views were imperative to the preservation and character of this bluff community. Mr. Coldren stated that the City of Laguna Beach has recently passed an ordinance for a design review board which must consider the preservation of private views for single family residences and sensitive bluff areas. He stated that other coastal communities recognize that they must preserve and protect views, whether they be private or public views. Mr. Coldren stated that Judge Todd overturned the City's Ordinance No. 1793 in November of 1980. However, he stated that since that time, the Arnell vs. The City of Costa Mesa case has determined that Judge • Todd's interpretation and reasoning of the law, upon which he based his decision, is erroneous. • Mr. Coldren stated that the Planning Commission can take measures to protect and preserve the private views in the Kings Road area, which, would be legally appropriate. He urged the Planning Commission to adopt the proposed setback amendment, which provides for equal setbacks on both the bluff side and inland side. Chairman King stated that the City should not be responsible for enforcing the CC &R's of the Cliff Haven Community Association, wherein Paragraph No. 13 of said Declaration of Restrictions, states that the decision of the Architectural Committee of the Association shall be final. Mr. Coldren stated that the CC &R's appear to effect every tract along Kings Road, with the.exception of one block. Chairman King stated that the City of Laguna Beach created a design review board for those areas in which there were no homeowners' associations. whereas, he stated that there is a distinct and clear homeowners' association in this area with CC &R's to handle these decisions. -10- MINUTES INDEX COMMISSIONERS MINUTES September 23, 1982 X q. City of Newport Beach ROLL CALL INDEX Mrs. Barbara Luther, resident of 530 Kings Road, stated that a community association exists, but since this issue arose in 1978, there is no longer an architectural committee for the association. Mr. Coldren stated that it is questionable as to whether or not these CC &R's are enforceable. Commissioner Balalis stated that he was involved with the original decision back in 1978 on this issue. He stated that Mr. Coldren should be going through the process of enforcing the CC &R's and establishing an architectural committee for the association, rather than asking the City to enforce the CC &R's. Commissioner Allen stated that the major problem with this type of approach, is that it will be creating legal non - conforming uses out of all of the residences on Kings Road. She stated that the houses are old and many are being remodeled, which will create tremendous • hardships, more than just the view protection problem. Commissioner Allen suggested that Mr. Coldren research the validity of a height ordinance or a view plane ordinance. She stated that this would accomplish the right result with far less hardships involved. Mr. Coldren stated that this a positive direction in resolving this issue. He stated that he will consult with the City Attorney's Office to see if a height restriction would be appropriate. Ms. Lori Miller, resident of 128 Kings Place, representing the Bluff Owners' Association, which was formed when this issue was initially heard, appeared before the Commission. Ms. Miller stated that there are no CC &R's for the Kings Road area. She stated that the entire City is a view area and that Kings Road should not be singled out for a particular action. Ms. Miller read to the Commission her letter dated September 22, 1982, in which she urged denial of this special request. Mr. Ron Luther, resident of 530 Kings Road, stated that he precipitated this request as a result of recent construction along Kings Road which has considerably • affected the view of his property. He stated, that there is a rapid deterioration of the views in this neighborhood. -11- MINUTES September 23, 1982 ? w m m m City of Newport Beach W ROLL CALL I I I I I I I[ I INDEX M Mr. Luther stated that the compromise which he is suggesting is that the height limits be decreased 10 feet and the front yard setbacks be concurrently increased 10 feet. He stated since there are no CC &R's which are in ,effect for this particular portion of the neighborhood, the Newport Beach City Council suggested that he take his compromise to the Cliff Haven Community Association. He stated that the views can not be negotiated on a neighbor to neighbor basis. He stated that he is opposed to a house with a large roof which contains. no living space that blocks his view. Chairman King asked Mr. Luther how the Cliff Haven Community Association responded. Mr. Luther stated that the Cliff Haven Community Association responded to the City Council with a letter in support of the 20 foot front yard setback, along the bluff side of Kings Road and Kings Place. He stated that both sides of the issue had the opportunity to present their case. • Mr. Robert Eschbach, resident of 510 Kings Road, located on the inland side, appeared before the Commission. Mr. Eschbach stated that because the residents of this area no longer have the architectural protection of The Irvine Company and the CC &R's, they must rely on the City to preserve the views for the inland side of Kings Road. He stated that he has lived in this home for over 20 years and is deeply concerned with the preservation of his home and neighborhood. Chairman King stated that recorded CC &R's as submitted, would be legally binding on the property in perpetuity. He stated that he can find no date of termination or document which states these that said CC &R's do not apply. Planning Director Hewicker stated that CC &R's were recorded against the property. However, he stated that there were architectural guidelines, not CC &R's, which were used by The Irvine Company, as the subdivider of the property in regulating the development and location of the dwellings on the sites. He stated that these architectural guidelines were not recorded against the property. He stated that when the property was annexed into the City of Newport Beach in 1953, these properties have been under the jurisdiction • and control of the City's Building and Planning Departments. -12- COMMISSIONERS MINUTES September 23, 1982 � x :E ` m m m y. City of Newport Beach ROLL CALL INDEX Chairman King stated that the recorded Declaration of Restrictions provides for an architectural review committee. Planning Director Hewicker stated that the Cliff Haven Community Association has the authority to set up their own architectural review committee and enforce their CC &R's. Ms. Betty Scaccia, resident of 120 Kings Place, located on the bluff side, stated that her property is leased through The Irvine Company. She stated that in 1972, The Irvine Company sent her a letter which released all claims and controls as to what improvements could be built on the property. She stated that she is now faced with an increased lease price because her property is located on the bluff side. Commissioner Allen referred to the exhibit distributed by Mr.. Coldren, Paragraph No. 10 of the said Declaration of Restrictions, and stated that the bottom • line of the paragraph states, "It being the purpose of this restriction to prevent the obstruction of ocean or bay views from said lots or building sites." Dr. John Smith, resident of 124 Kings Place, stated that he has lived in his two story, white roof home since 1958. He stated that in the past years he had corresponded with The Irvine Company on this issue and it was evident that this was not a planned Irvine Company development. He stated that The Irvine Company had indicated that they had no preconceived plans for this area, other than what was required by the City. Dr. Smith stated that the proposed amendment is just another device to lower the height limitations on the bluff side. He referred to the Report of Residential Building Records and stated that this is intended to provide prospective buyers knowledge of legal and illegal uses of the building. Planning Director Hewicker stated that the Report of Residential Building Records only provides the prospective buyer with the knowledge of the various permits and restrictions which have been placed on the property by the City, and does not reveal any private covenants, conditions or restrictions which may have • been placed upon the property by the developer or the previous owners. -13- COMMISSIONERS September 23, 1982 r c m c a o y. City of Newport Beach MINUTES W ROLL CALL I I I I I I I I I INDEX M Mr, Burnham, Assistant City Attorney, stated that he would like to clarify the following points: 1) He stated that the existence of CC &R's which covers the property, is not material to the Planning Commission's determination as to whether the proposed change in the setback is beneficial to the health, safety, and welfare of the general public. 2) He stated that regarding Judge Todd's decision, Judge Todd said that given the record before him, there was not any evidence that would support a finding by him that there was a. rational relationship between the ordinance, which imposed a height limit, and the general health, safety, and welfare. Judge Todd implied throughout his opinion that the preservation of private views was . not sufficient, in and of itself, to validate the ordinance. 3) He stated that in his case law research, he could not find any case where it stated that the protection of private views, in and of itself, would support the establishment of a zoning ordinance covering any particular property. 4) He stated Judge Todd's decision did not say that the City could not adopt a valid height ordinance, if there were to be sufficient evidence before the City Council to support a finding that there was some benefit to the general public. 5) He stated that there are problems with the proposed ordinance if it were to be taken to court. He stated that the setback ordinance does not directly relate to the interest of the inland owners and does not specifically regulate the height of the structures on the bluff side. He stated that this type of ordinance has a greater chance of being invalidated, than a strict height ordinance. 0 11111111 -14- MINUTES September 23, 1982 � r c m M y. City of Newport Beach ROLL CALL INDEX 6). He referred to the topography of the property on the bluff side of Kings Road and stated that it is a very steep slope after the first 40 to 50 feet. He stated that the City can adopt different zoning laws where the topography of a particular area warrants a distinction. However, the City can not adopt different laws where, the topography and the general welfare does not support this distinction. Commissioner Kurlander asked if the enforcement of recorded CC &R's is a civil matter. Mr. Burnham concurred. Mr. Sack Geerlings, resident of 411 Kings Road, stated that the right to a view is hard to define. He stated that it is not the purpose of the City to interfere with personal property rights between adjacent property • owners because this is strictly a private matter. However, he stated that the bluff side owners should be more understanding in preserving the views for the inland property owners. Ms. Barbara Luther stated that it was their intent in the beginning to negotiate with both sides of the street. However, she stated that negotiations are not possible, and requested that the Commission consider the proposed amendment. Chairman King stated that adoption of the proposed amendment would make legal non- conforming uses out of all of the dwellings on the bluff side of Kings Road and Kings Place. Ms. Luther stated that their intent is not to "grandfather" in these uses, but the intent is that all future construction comply with these rules and standards. Commissioner Allen stated that "grandfathering" constitutes a legal non - conforming use, which is procedurally very different than a conforming use in the terms of the level of scrutiny. Planning Director . Hewicker discussed the procedures involved for legal non- conforming uses. -15- MINUTES September 23, 1982 m � m w City of Newport Beach INDEX Mr. Charles Winfield, resident of 1021 Kings Road, located on the bluff side, stated that when a person buys property on the inland side of the street, they are taking a calculated risk in.connection with their view. Mod on ( XI XIXIX IX IX �X I Motion was made for denial of Amendment No. 577, Al 1 Ayes subject to the findings of Exhibit "A" as follows, which MOTION CARRIED: FINDINGS: 1. That the existing 10 foot front yard setback for lots on the bluff side of Kings Road and Kings Place have been established for over thirty years. 2. That approval of this amendment would create approximately sixty nonconforming structures • inasmuch as portions of most of the buildings would encroach ten feet into the twenty foot front yard setback. 3. That approval of this amendment may require that a variance to exceed the basic height limit be secured for all new construction on the subject properties. 4. That approval of this amendment would require extensive landform alteration on the subject properties in order to construct adequate building sites. 5. That approval of this amendment would result in a substantial increase in the cost of constructing a residence on the subject property. 6. That a ten foot front yard setback is appropriate for the subject properties given the existing landform and topography of the sites. 7. Other areas of the City with unique topography have front yard setback other than twenty feet. • 8. There is no guarantee that approval of the amendment will result in the maintenance or preservation of existing views. -16- � r c c p x m D • MINUTES M September 23, 1982 Beach INDEX 9. That approval of this amendment could result in litigation which the City would necessarily become a defendant. 10. That there is no furtherance of the general health, safety, and welfare to be derived from the, approval of this amendment. The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. x � x Request to permit the establishment of a take -out ice cream shop in the C -1 District, and to waive all of the required off - street parking spaces. LOCATION: Lot 21, Block 23, Newport Beach Tract, located at 2305 West Balboa Boulevard on the southwesterly side of West Balboa Boulevard on the southwesterly side of Balboa Boulevard, between 23rd Street and 24th Street, in the McFadden Square Area. ZONE: C -1 APPLICANT: Gary W. Bisplinghoff and Geno Cioe, JAPPROVED San Marcos C N� DI- T' IUN7�CLLY OWNER: Roy M. Kouchi, Huntington Beach Planning Director Hewicker stated that a revised Exhibit "A" for the Findings and Conditions of Approval, has been distributed to the Planning Commission members. The public hearing opened in connection with this item • and Mr. Geno Cioe, the applicant, appeared before the Commission and requested approval of this application. He stated that they concur with the revised Exhibit "A ". - -17- MINUTES September 23, 1982 X City of Newport Beach G)E INDEX Motion Motion was made for approval of Use Permit No. 3000, All Ayes X X X X X subject to the findings and conditions of the revised Exhibit "A" as follows, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, utilities, and required parking spaces, will not be detrimental to adjoining properties. • I I I I I I I 4. The Police Department has indicated that it does not contemplate any problems. 5. The approval of Use Permit No. 3000 will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or a detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from West Balboa Boulevard. 3. That all signs and new exterior lighting shall conform to the provisions of Chapter 20.06 and 20.72 of the Municipal Code. I I I I I I I 4. That the development standards pertaining to • circulation, walls, landscaping, utilities, and parking spaces shall be waived. BUIE MINUTES September 23, 1982 of Newport Beach INDEX 5. That the ice cream facility shall be limited to the hours of 10:00 a.m. to 10:00 p.m. daily. 6. . That trash receptacles for patrons shall be provided in convenient locations inside the. building. 7. That a trash compactor shall be installed. 8. That all trash, including compacted trash bags and recyclable containers, shall be stored within the building until they are to be picked up. 9. That no cooking or any food preparation other than ice cream and related products shall be permitted • in the take -out restaurant facility unless an amended use permit is approve by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 10. That the sidewalk on Balboa Boulevard shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner than any debris or waste water does not enter the storm drain system. 11. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. • IIIIII11 _19_ � r c n D c n m September 23, 1982 of Newport Beach INDEX 5. That the ice cream facility shall be limited to the hours of 10:00 a.m. to 10:00 p.m. daily. 6. . That trash receptacles for patrons shall be provided in convenient locations inside the. building. 7. That a trash compactor shall be installed. 8. That all trash, including compacted trash bags and recyclable containers, shall be stored within the building until they are to be picked up. 9. That no cooking or any food preparation other than ice cream and related products shall be permitted • in the take -out restaurant facility unless an amended use permit is approve by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 10. That the sidewalk on Balboa Boulevard shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner than any debris or waste water does not enter the storm drain system. 11. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. • IIIIII11 _19_ K x r c c m % 7C Gf N Y > > m m o September 23, 1982 of Newport Beach MINUTES INDEX Discussion regarding the possible rezoning of R -3 zoned lots with less than 2,400 sq. ft. of land area to the Item #5 R-2 District on the . Balboa Peninsula so as to permit duplex development on each lot. INITIATED BY: City of Newport Beach The discussion opened in connection with this item. Planning Director Hewicker discussed the background. information related to this item and referred to a large map depicting the affected R -3 lots on the Balboa Peninsula. Mr. Ron Yeo, architect, who requested the proposed rezoning of the R -3 zoned lots, appeared before the Commission. Mr. Yeo stated that these lots should not be approached on a one to one basis, but rather, should be looked at in its entirety. He suggested that perhaps two dwelling units should be allowed on lots • with at least 2,000 sq. ft. of land area in the R -3 District, and be restricted to 2 times the buildable area, rather than three times the buildable area. A minimum lot width could also be considered because of the number of parking spaces required for two dwelling units. Commissioner Balalis stated that if the R -3 lots are treated similarly to the existing R -2 lots and rezoned to the R -2 District, the existing problems would be eliminated. Mr. Yeo stated that this was his original request, but the staff had indicated that this may constitute spot zoning. Ms. Sara Welch, property owner on Alvarado Street and Alvarado Place, appeared before the Commission. Ms. Welch requested that her properties be changed from the R -3 zone to the R -2 zone so that she may build a second home on a lot for her children. Motion X Motion was made to consider rezoning all of the solid colored R -3 zoned lots with less than 2,400 sq. ft. of land area to the R -2 District, as shown on the map prepared by staff. Planning Director Hewicker stated that the staff could • prepare a specific exhibit which would depict those lots for reclassification. He stated that the Commission could then set this item for a public hearing. -20 Y NOT SET FOR COMMISSIONERS September 23, 1982 � c m o y. City of Newport Beach MINUTES ■ ROLL CALL I I I I Jill I INDEX Commissioner Kurlander stated that he could not support such a motion because rezoning the R -3 lots to R -2 lots will create heavier density, generate more traffic and parking problems for the Balboa Peninsula. He stated that these are ail substandard lots and he would favor rezoning all of these lots to the R -1 District. Substitute Substitute Motion was made to not set for public Motion X hearing the rezoning of R -3 lots with less than 2,400 square feet of land area, to the R -2 District on the Balboa Peninsula. Commissioner Goff stated that he would be supporting the Substitute Motion because the rezoning request would be potentially adding 115 dwelling units on the Peninsula, which is already overdeveloped. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that there • are a total of 201 lots which contain. at least 2,000 sq. ft. but less than 2,400 sq. ft. of land area which are currently zoned R -3 on the Balboa Peninsula. He stated that approximately 85 of the subject lots are already developed with two units or more. Therefore, he stated that there is the potential for an additional 115 dwelling units. Ayes X X X XK X Substitute Motion was now voted on, to not set this Noes X item for public hearing, -which SUBSTITUTE MOTION CARRIED. ADDITIONAL BUSINESS Motion X The Planning Commission voted unanimously to cancel its All Ayes X X X X X X regular Commission Meeting on October 7, 1982, because of the limited number of items on the pending agenda. Motion X The data analysis review of the West Newport Study Area All Ayes X X X X X X was therefore continued to the next regular Commission Meeting of October 21, 1982. - - • -21- E September 23, 1982 � c m y City of Newport Beach There being no further business, Commission adjourned at 9:40 p.m. x x the Planning Dave Goff, Secretary Planning Commission City of Newport Beach -22- MINUTES INDEX • Illlllll