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HomeMy WebLinkAbout12/04/1969CITY OF NEWPORT BEACH Minutes of: Adjourned Meeting of Planning Commission Date: December 4, 1969 Time: 8:00 P.M. Place: Council Chambers COMMISSIONERS v U P �9 p J• 5 N NfP ROLL CALL Commissioners Present Commissioners Absent x x x x x x EX-OFFICIO MEMBERS Present: Laurence Wilson, Planning Director Tully H. Seymour, City Attorney Benjamin B. Nolan, City Engineer STAFF MEM ERS Present: James E. Nuzum Helen Herrmann MINUTES On motion of Commissioner Brown, seconded by Commissioner Glass, and carried, the minutes o November 20, 1969 were approved. Item I. MODIFICA- Request to add an additional dwelling unit to an existing triplex. The structure would be TION NO. 94 nonconforming because the garage would be substandard in width and the required clearanc CONTINUED would not be maintained between structures. UNTIL JJPN 15, Location: Portion of Block D, Corona del Mar 97� 0 Tract, located at 233 Carnation Avenue on the westerly side of Carnation Avenue between Seaview Avenue and Ocean Boulevard. Zone: R -3 Applicant: Leroy E. and Ruth M. Fay, Balboa Island Owner: Same as applicant The application was continued until January 15 Motion x 1970 at the request of the applicant's attorne Second x Donald D. Harwood. Ayes x x x x x . of Votin x Page 1. CITY OF NEWPORT BEACH iDecember 4, 1969 COMMISSIONERS v N Item 2. Request to create a parcel of land as the site RESUBDIVI SIGN— for a future 3 story professional office build NO. T79 ing. APPROVED Location: Portion of Block 93, Irvine's Sub- division, located adjacent to the northeast corner of San Nicolas Drive and Avocado Avenue. Zone: C- O -H -UL Applicant: The Irvine Company, Newport Beach Owner: Same as applicant. Mr. James E. Taylor represented the Irvine Company and answered questions of the Commis- sion, who showed particular concern regarding the parking for this building. • After discussion, the application was approved Motion x subject to the following conditions: Second x 1. That a parcel map be recorded. All Ayes 2. That approval of this tentative map shall be null and void if a parcel map is not recorded within one year from the date of approval of the tentative map. 3. That at the time the parcel map is recorded, a definitive precise park- ing plan, or contractural solution, be appended. Item 3. RESUBDIVI- S TO _N — Request to create a parcel of land as the site NU-7780 for a future 6 story professional office build - ing. CONTINUED Location: Portion of Block 55, Irvine's UNT Subdivision,.located at the DEC. 18 northwest corner of Newport Center • Drive West and Santa Cruz Drive. Zone: C- O -H -UL Applicant: The Irvine Company, Newport Beach Owner: Same as applicant. Page 2. CITY OF NEWPORT BEACH • December 4, 1969 COMMISSIONERS � � w Item 4. USE PERMI Mr. James E. Taylor represented the Irvine Company. After a lengthy discussion during which the Commission expressed concern about the traffic that would be generated on Santa Barbara Drive;. signalization; and particularly that the sidewalks within the ring road should be of an adequate width to accommodate pedes- trian circulation in Newport Center, Mr. Taylo requested that this application be set over until December 18, 1969 in order that a report might be brought back to the Commission re- garding these questions. Request to construct and operate a self - servic post office unit as part of a regional commer- Motion Second All Aye x x NO. 1456 cial shopping complex (within the Fashion Isla d APPROVED parking lot, adjacent to the southwest corner of Newport Center Drive and Santa Cruz Drive). Location: Portion Lot 19, Tract 6015, • located at 701 Newport Center Drive, Fashion Island. Zone: C -O -H Applicant: The Irvine Company, Newport Beach Owner: Same as applicant. Mr. James E. Taylor represented the Irvine Company. Planning Director Wilson passed out to the members of the Planning Commission a revised lay out of the proposed facility and explained that this is a self- service automate post office with no personnel or noisy early morning activity and is located in the least used lot in Fashion Island. After considerable discussion regarding the traffic circulation, blocking of parking space and placement of snorkel boxes, the applicatio was approved subject to the following specific Motion x condition: Second x Ayes X x X That the facility be relocated within Noes x • this same parking lot area but directly accessible from the major entrance and exit traffic aisle with any snorkel boxes placed so as to be useable from the drivers side of the car; sufficient stack spaces for incoming automobiles to be Page 3. CITY OF NEWPORT BEACH December 4, 1969 COMMISSIONERS 01 N N y s F � N Item 5. USE PERMir completely independent of the ingress and egress to any parking stalls, and generally that the facility be independ- ent of the parking stalls in this parti- cular parking lot. Request to operate a sight seeing vessel on the waters of Newport Harbor, to include NT_1_f_5__7_ occasional live entertainment, alcoholic beverages and dancing. Location: To operate from dock located at Balboa Pavilion, Lots 4,5,6 and 7, Block G, Bay Front Section and Lots 1, 2 and 3, Block H, Bay Front Section and bayward of these lots, located at 400 North Main Street, Balboa. Zone:. C -1 and "U" (Newport Harbor) • Applicant: Davey's Locker, Inc. Newport Beach Owner: Same as applicant. Planning Director Wilson passed out an addi- tional submission from the applicant stating why an activity such as this should be approve by the City of Newport Beach. The Planning Director stated further that the City Attorney had comments to make regarding this applicatio and it would be well for the Commission to hea these comments before any discussion of this item. City .Attorney Seymo.ur.commented..t.hat a similar application was submitted approximately one year ago by the Balboa Bay Club, and subse- quently dropped. At that time the City Attorn y took the position that the City did not have jurisdiction to require a use permit under zoning procedures for moving vessels on the waters of Newport Harbor; the City Attorney still adheres to that position in the applica- tion now before the Commission. That is not to say the City does not have the right to regulate this type of activity, but to require a use permit on a moving vessel may be stretch- ing the zoning power, and it would be better Page 4. CITY OF NEWPORT BEACH • December 4, 1969 COMMISSIONERS � w o J• o w O N i 7C p?o� NJ. to approach the problem through a different application of the police power. The type of application now before the Commission does re- quire City Council approval for a business license. Apparently there is a need to study the whole subject of uses on the water because the deman for such activity seems to be upon us. It would be reasonable to refer this matter to the staff for analysis and preparation of recommendations that will enable the City to regulate this kind of activity. The Attorney pointed out that Mr. Tozer has indicated that he has no present desire to push the matter to a decision. Since the Com- mission has no jurisdiction, the next step would be the City Council, if he wished to pur sue it at this time. Mr. Phillo R. Tozer, President of Davey's • Locker, Inc., who was present at the meeting, stated that he would be willing to withdraw the application for a use permit if it would help to clarify the situation. The Commission voted unanimously to accept the Motion x withdrawal of application for Use Permit No. Second x 1457. All Aye Chairman Jakosky thanked those who came to the hearing to speak concerning this application and stated it is to be hoped that should this appear on the City Council agenda, people will show the same enthusiasm by attending the Council meeting. Commissioner Brown asked if it is conceivable that the Council will ask the advice of the Planning Commission. Attorney Seymour replied that it is quite possible and certainly desirable if we are going to have a general study of the uses on the water, that the Planning Commission become involved, because while it might not directly • involve zoning, it certainly affects the com- munity. The ruling noted above applies only to moving vessels on the water. Any fixed use around the perimeter of the Bay is within the Planning Commission's jurisdiction. Page 5. CITY OF NEWPORT BEACH a December 4. 1969 COMMISSIONERS 0 It 01- I. � oV0? N J The Bay Club application involved the same type of use, a floating cocktail boat or party boat, but started with the idea that it would have a fixed operation at the dock, and would be an adjunct to the Bay Club. The use permit was predicated on this fixed location. After, they had been turned down by the Planning Commission, they appealed to the Council. At that point they changed the application to simply provide for a moving operation on the waters of the Bay and pressed the point of whether the City had jurisdiction to require a use permit. At that point the City Attorney made the decision that the City did not have jurisdiction under the use permit procedure as specified in the Zoning Ordinance, because the Bay is somewhat analogous to a public highway. Requiring a zoning permit for the use of navigable waters is a questionable practice; if the City wants to regulate these activities, it will be necessary to come up with something more soundly conceived. • If you were talking about a new use as far as the shore installation is concerned, it would be necessary to obtain a use permit in order to establish a pleasure boat operation; howeve in the case of the Balboa Pavilion, there is a long established use devoted to this very thin . The only new element being added is the drink- ing aspect which actually occurs on the waters of the Bay and not at the dock. They have a nonconforming use at the Pavilion to operate sightseeing boats and fishing boats and all kinds of public boating activities, so a mere variation on the same theme would not require a use permit. It seems apparent that there is a need for regulation and it will be necessary to go to the drawing board and come up with something that will accomplish this purpose. After discussion, it was agreed that the Com- mission is very interested in this matter, and a letter is to be written to the Council, signed by the Chairman, stating that the Com- mission desires to be advised when this matter comes before the City Council. Attorney Seymour advised that this will prob- ably start as a staff study as far as the in- put is concerned; The Planning Commission certainly can be advised of any recommenda- tions. It would also be possible to suggest Page 6. CITY OF NEWPORT BEACH • ❑eremhar 4. 1969 COMMISSIONERS v to the Council that the Commission would.like to contribute their thinking to the final recommendations. A motion was made by Commissioner Adkinson, Motion x seconded by Commissioner Martin, and carried, Second x that the Chairman be authorized to send a All Aye letter to the Council in behalf of the Commis- sion asking that they be consulted in this regard and be advised of the findings. It was suggested that this be brought up at the next joint meeting of the Planning Commission and City Council. Chairman Jakosky asked if i.t would be out of line to have an informal discussion on this application. A good many people in the audience have a concern about this and they may have some viewpoints to express. Attorney Seymour stated that if the purpose is • to sample public opinion or to give people a forum, that certainly is within the Commission s discretion, even though it might be more appro priate to wait until the staff has done its work as far as investigation to determine what the problems might be and then give the matter public exposure at that time. After discussion, it was agreed that copies of letters received by the City could be made available to the applicant so that he could get a feeling for public opinion on this subject. Chairman Jakosky stated that he would like to hear some of the comments of people in the audience and would arbitrarily establish a 20 minute time limit. The following persons spoke in opposition: Jack Billings, 665 Via Lido Soud Dan Gilliland, 1134 E. Balboa Blvd., Balboa Mrs. Emery S. Moore, 1609 E. Bay Ave., Balb a The following person. spoke in favor: • Allan Nielsen, who owns property adjoining Balboa Pavilion and the fun zone. Attorney Seymour pointed out that the City Page 7. CITY OF NEWPORT BEACH • December 4. 1969 COMM yISSIONERS V it \\\ has an ordinance that requires a Council approved permit for sightseeing boats, and this ordinance would apply to this kind of an operation. Commissioner Martin questioned whether this refers specifically to serving liquor aboard, and entertainment. This is entirely different than a sightseeing boat. Attorney Seymour answered that this kind of request is a relatively new phenomenon in Newport Harbor. There is a kind of.vacuum, and a need for staff study to determine the best way to handle the question. It would be logical to expect some kind of an ordinance to emerge from the study, but whether it would be an absolute 'ban on this kind of activity in the harbor, or a permit system, or how it might evolve would be impossible to say at this point. I 6. VARIANCE Request to permit a 3 story dwelling in a District allowing only 2 stories. NUT-9-87— CONTINUED Location: Lot 5, Block 57, Ocean Front Tract located at 5709 Seashore Drive, UNTIL DEC. 18 south side of Seashore Drive between 57th Street and 58th Stree . Zone: R -2 Applicant: Rolly Pulaski, Costa Mesa Owner: Bernard J. Bannan, So. Pasadena Mr. Rolly Pulaski, the applicant, was present and stated that he felt the building could be redesigned, thereby eliminating the necessity for a variance. He requested a continuance to Motion x allow him to work with the staff to resolve Second x this matter. The application was continued All Ayes until Dec. 18, 1969. Item 7. USAKERMI1 Request to permit a Planned Residential Develor- NO11WT-42T--E ment of 74 residential lots and 1 green area lot. CONTINUED UNT Location: Portion of Blocks 51 & 52, Irvine' liEi:. 18 Page 8. CITY OF NEWPORT BEACH • December 4. 1969 COMMISSIONERS .y 101'-C N��•� N N f S Subdivision, located on the south side of Vista del Oro opposite Vista Ornada (Northbluff). Zone: R- 4- B -2 -UL and R -3 -B Applicant: I.D.H., A Joint Venture (Holstein o.) Costa Mesa Owner: The Irvine Company, Newport Beach Planning Director Wilson stated that although he did not have a written communication, he had talked with Mr. Holstein and a continuance was being requested until the next meeting of the Planning Commission pending receipt of certain additional information from the Holste n Company and their various consultants pertain- ing to several unresolved questions within the Motion x general area. The matter was held over until Second x December 18, 1969. Ayes x x x x x I 8. of Votin x STREET Request to change the name of the street NF-MF— "Anchor Way" to "Marlin Way ". CRUGE Location: In front of Lots 44, 45, 46 and 24, Tract 3097 between Marlin Way and Terrapin Way. Planning Director Wilson explained the reason for the requested change and stated that 3 of the 4 property owners facing on Anchor Way had signed the request for the change. Mr. William Harris addressed the Commission and stated that it was very difficult for persons to find the residences on Anchor Way. The Commission recommended to the City Council Motion x that the street name "Anchor Way" be changed Second x to "Marlin Way ". All Aye * * * * * * * * * * * * * * * * * * * * * ** Planning Director Wilson introduced two new staff members, William R..Foley and Rodney L. • Gunn, to the Commission and also announced that two very highly valued staff members, Daren A. Groth and Brian N. Hawley, have re- signed to join a private sector of Macco Corporation. Chairman Jakosky asked that the thanks of the Commission be extended to these two gentlemen. Page 9. CITY OF NEWPORT BEACH COMMISSIONERS O N N N December 4, 1969 � ° Planning Director Wilson circulated 3 copies of the brochure, small version of the Newport Tomorrow Progress Report, which is being mailed to residents of the City. The Commission discussed the meeting dates for the month of January and decided that changing the dates would cause a conflict, therefore it was decided to have only one meeting in Januar , on January 15, 1970; in other words, the next three meetings will be on December 18, 1969, January 15, 1970 and February 5, 1970. Planning Director Wilson passed out copies of the "Transportation Goals" and stated that the Commission would proceed in the regular sequence through the Newport Tomorrow report and that the Transportation Goals would be reviewed during the work session on December 1 , 1969. A discussion on the "Private Street Report" would also be scheduled for the work session on December 18, 1969. On motion of Commissioner Adkinson, seconded b Commissioner Glass, and carried, the meeting was adjourned. X on R. Adkinson, Secretary Planning Commission • Page 10.