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HomeMy WebLinkAbout12/17/1970G COMMISSIONERS Oro N u N N Re CALL ?�0r0� "> Present Absent I* 0 CITY OF NEWPORT BEACH Regular Planning Commission (fleeting Place: Council Chambers Time: 8:00 P.M. Date: December 17, 1970 MINUTES INDEX x x x x x EX- OFFICIO HEM61IRS Laurence Wilson, Planning Director Dennis O'Neil, Asst. City Attorney STAFF MEMBERS James D. Hewicker, Asst. Planning Director Helen Herrmann On motion of Commissioner Adkinson, seconded by Commissioner Hartin, and carried, the minutes of the Regular Fleeting on November 19, 1970 were approved. Chairman Jakosky stated that the following items were requested to be continued until January 7, 1971, either by the applicants or because sufficient information had not been received for review and recommendation by the staff. Item 1. Request by Roy Collins to permit a sixty -eight VARIANCE seat restaurant and two retail stores to be estab- NO. 993 lished in an existing building without providing the required off- street parking at 711 East Balboa CONT'D. Boulevard. U-N= JAN. 7 Item 2. Request by Edward H. Willits and Nancy Willits RESUBDI- Sattler to permit the resubdivision of.one parcel of 0.9 acres into four residential lots located STS ON NUTMI at 2209 Bayside Drive, Corona del Har. CONT'D. UNT fU_ JAN. 7 Item 3. Request to amend a portion of Districting Maps Nos. 43, 45 and 62, from an Unclassified District to a Planned Community (P -C) District, and further to AMEND - Nil = 140. 77S— amend the North Ford Planned Community Ordinance Page 1. CONT'D. UNTIE— I TAT-7 COMMISSIONERS CITY OF NEWPORT BEACH v + N CALL p J }.3 N 3 • Motion Second Al Ayes Sion Second All Ayes MINUTES December 17. 1970 INDEX (A -242) to allow light industry, research and development, business and professional.offices and commercial uses on a.total of 230.acres, located between MacArthur Boulevard and Jamboree Road, north of Bison Road. Item 7. Request to permit construction of a Boys' Club at 2555 Vista del Oro, on the westerly side of VistaIT USE del Oro approximately 240 feet northerly of the W.—T503 intersection of Vista del Sol and Vista del Oro. CONT'D. UNTIL' JAN. Item 8. Request to create one parcel of land, 15,189 sq.ft. RESUBgI- in area, for use as the site for a Boys' Club, located at 2555 Vista del Oro, on the westerly side ISI N N77-nT of Vista del Oro, approximately 240 feet northerly of the intersection of Vista del Sol and Vista del CONT'q. Oro. UNTIL. JAN. X x x Items 1, 2, 3, 7 and 8 were continued until January 7, 1971 on motion of Commissioner Adkinson, seconde by Commissioner Watson, and carried. Item 4. Request to create one parcel for the enlargement of RESUBDI- the Balboa Bay Racquet Club. —ffTm NO. 294 Location: Portion of Block 93 of Irvine's Subdi- vision, located northerly of East APPROVED Coast Highway and westerly of Newport. Center Drive. .Zone: Unclassified Applicant: Balboa Bay Club Racquet Club, Inc., Newport Beach Owner: The Irvine Company, Newport Beach Mr. John Ullom of Raub, Bein, Frost & Associates x represented the applicant. After a discussion, the x application was approved, subject to the following condition: 1. That a Parcel Map be filed. Page 2. • • COMMISSIONERS S y N N N £ N c. ' A i N CALL - > CITY OF NEWPORT BEACH December 17, 1970 MINUTES INDEX Request for approval of Final Map Tract 7223 Item 5. FINAL (Tentative Map Tract 7223), dividing 52.33 acres MAP into 117 single - family residential lots and one TRACT green area lot. 7223 Location: Portion of Blocks 56 and 57, Irvine's APPROVE Subdivision, located north of San Joaquin Hills Road, between MacArthur Boulevard and Jamboree Road in the "Big Canyon" Planned Community. Zone: P -C Applicant: Williamson and Schmid, Santa Ana Developer: Richard B. Smith, Inc., Tustin Owner: The Irvine Company Planning Director Wilson presented the map to the Commission and explained that there have been re- visions to the approved tentative map. While the number of lots remain the same (117 residential lots and one private park and recreation area), nine "flag" lots have been eliminated from the southerly section. Cypress Point Lane has been realigned and two new cul -de -sacs (Green Brier Lane and Augusta Lane)have been added. This constitutes a revision.in the layout of Lots 1 through 27 and, in the opinion of the staff, is an improvement. The name of "Saint Andrews Road" has been changed to "Royal Saint George Road" to eliminate confusion with the existing Saint Andrews Road. in Newport Heights. Staff has made •a determination that although changes have been made, therequirements of Section 19.16.040 of the Newport Oeach Municipal Code have been satisfied and that the final ;a is in substantial conformity with the pient of,t e. approved tentative map. Mr. Scott Biddle, Executive Vice President of '= Richard B. Smith Company and Mr. Bob.Williamso of Williamson & Schmid, Civil Engineers as well.a the architect, Mr. Lorbach, were present at the T96ting�,. and answered questions of the Commission. It was noted that the grading plan has been approved and they have a grading permit. After discussion, the final map of Tract 7223 was recommended to the City Council for approval (recog Page 3. COMMISSIONERS CITY OF NEWPORT BEACH v d � J•S J� O N u £ N CALL ^ Motion Second All Ayes • • MINUTES December 17, 1970 INDEX T x izing that this final map incorporates various x departures from the original tentative map), sub- ject to the twenty one conditions previously adopted by the City Council, and the following additional condition: 22. That a building location and setback plan for all lots in the final subdivision map be submitted to the Planning Director and be subject to his approval. Item 6. Request to adopt Specific Plan No. 3 to establish AMENDMEN a sight plane definin the maximum permitted NOS height of structures ?in lieu of any other height limitations) on a portion of the proposed Newport APPROVED Beach Civic Center site, extending from Newport Center Drive to the proposed extension of Avocado Avenue on a portion of land between Pacific Coast Highway and proposed Civic Center Drive. Zone: C -O -H and C -N -H Applicant: City of Newport Beach Owner: Same as applicant. Planning Director Wilson presented the application to the Commission explaining that it is the intent of the proposed sight plane to preserve the unique harbor and ocean view from nearby residential areas while also allowing maximum design freedom for the proposed Civic Center development. The proposed sight plane height limitations would be established in lieu of any other height limitation and would pertain to all structures except for certain specific minor penetrations listed in the staff report. This recommended list of allowable minor penetrations was submitted by Welton Becket and Associates, the architects retained by the City for the Civic Center project. Planning Director Wilson explained further that quite some time ago, before the Civic Center prop - erty was acquired by the City of Newport Beach, there were meetings between the Irvine Company and resi- dents in those portions of the Harbor View Hills Community which existed at that time, to arrive at a "sight plane" above which buildings would not be Page 4. T COMMISSIONERS Y tLol:r �5 0- O A CAL 7 N � CITY OF NEWPORT BEACH December 17, 1970 MINUTES INDEX permitted to rise regardless of the zone classi- fication that might apply to the property. This sight plane applies to the southerly portion of the Civic Center property. At the time the City. purchased the property from the Irvine Company the City agreed that the height limit which the Irvine Company had described to the property owners in Harbor View Hills would not be exceeded. Upon being questioned, Planning Director Wilson stated that the City has a deed for all of the lan comprising the proposed Civic Center. The norther y portion, adjacent to proposed Civic Center Drive, s in a C -O -H District. -The height of buildings woul be limited to 85 feet under the provisions of this zone. The southerly portion, adjacent to the pro - posed Pacific Coast Freeway, is in a C -N -H Distric which generally carries a 35 foot height limit according to the Municipal Code. Within the porti n of the property,zoned C -N -H, the proposed sight plane would apply in lieu of other height limita- tions. In some locations the sight plane would allow buildings higher than 35 feet, depending on the finished grade of the building site. In other locations, particularly at the east and near Avocado Avenue, buildings probably would have to be less than 35 feet high. The central portion of the Civic Center land is covered by a proposed contract between the City of Newport Beach and Orange County which, if. approved by the County Board of Supervisors, would result in deeding this land to the County for Harbor Judicial District court facilities. The County also would be bound by the same height limitations. In addition to the map which had been distributed to the Commission prior to the meeting, a model of the proposed sight plane was displayed at the meeting. Mr. Bill Fleetwood with the Harbor View Hills Community Association and Mr. Ed Carpenter of 1027 White Sails Way asked questions regarding the effect this sight plane would have on their com- munity. It was explained that this Plan will • restrict structures to heights which may or may not exceed 35 feet depending upon their location with respect to the sight plane and the finished grade of the building site. However, the view Page 5. COMMISSIONERS y V 0- O O L CALL >5 Motion Second Ayes Abstain i Motion Second All Ayes 0 CITY OF NEWPORT BEACH MINUTES December 17, 1970 INDEX from Harbor View Hills will be preserved, as pre- viously agreed, and flexibility and freedom of design will be accomplished for the proposed Civic Center buildings. Considerable discussion followed, during which soma of the Commissioners expressed the opinion that the sight plane should extend all the way to Civic Center Drive. Commissioners also agreed to delete some types of sight plane penetrations which had been recommended as allowable in the staff report. x The proposed sight plane height limitations were x recommended to the City Council for approval, to x x x apply in lieu of any other height limitations, x and to pertain to all structures except for the following minor penetrations: 1. Elevator penthouses. 2. Required stair shaft enclosures. 3. Antennas. 4. Structural appurtenances included in Section 20.08.130 of the Newport Beach Zoning Code or other applicable codes, excepting parapet walls, mechanical and electrical enclosures. x After discussion of this item, Commissioner Watson moved that a letter be sent to the City Council recommending that the architects who are working on the design of our facility and the architects working on.the design for the County facility work cognizant and together to make it an architectural y pleasing skyline. Commissioner Adkinson left the dais prior to dis- cussion of the following item in order to avoid a conflict of interest. Item 9. Request to amend a previously approved variance to VARIANCE increase the occupancy load of Isadore's Restaurant-NO-7-9-4-F-) from 105 to 182 without providing additional off - street parking. DENIED Location: Lots A and B, Block 54, Irvine's Sub- division, located at 341 Bayside Drive on the west side of Bayside Drive between East Coast Highway and Aloha D . Page 6. COMMISSIONERS N N u' N �i N &L CALL r } s> w - CITY OF NEWPORT BEACH December 17,1970 MINUTES INDEX Zone: C -1 -H Applicant: Far West Services, Inc., Santa Ana Owner: The Irvine Company, Newport Beach Planning Director Wilson presented the application to the Commission and read into the record a lette of opposition from the Linda Isle Community Asso -. ciation signed by the Vice President, Douglas C. Li echty. Mr. James L. Gray, representing the applicant, was present at the meeting. Assistant City Attorney O'Neil stated that he had discussed this applica- tion with Mr. Gray both on the 'phone and in his office and Mr. Gray had taken the position that since there were 70 off - street parking stalls existing in conjunction with the adjacent furnitur store and offices, and since the off - street parkin requirement specified for restaurants in the Muni- cipal Code is one stall for each 3 seats, that he . could, in fact,.raise the capacity of Isadore's to 210 seats. Until recently Mr. O'Neil was incli ed to go along with this interpretation; however, upo reviewing the original Variance No. 941 and the record of the meeting on May 16, 1968, WuBen's Restaurant, which is now Isadore's, was allowed to satisfy the off - street parking requirements by joint use with the Islander furniture store and Anderson & Anich office space. At that time, whic Mr. O'Neil believes is still the case, the restau- rant was stated to have a seating capacity.of 105 seats and, in accordance with Code requirements of one space for each 3 seats, this would mean 35 parking spaces. The Islander furniture store with 7500 square feet of floor area required 30 spaces in accordance with the Code requirement of one space for each 250 square feet and the office area with 3673 square feet, required 15 spaces, making a total requirement of 80 spaces for the three uses. There are only 70 spaces available on the site but the Commission felt this number would be adequate, in that the nature of the furni- ture store was such that the maximum clientele at any one time would not be likely to require park- ing in proportion to the square footage. In addi- tion, the office and furniture store are closed 10 after 5 o'clock, so it was felt at that time that 70 spaces for the three uses would be compatible. Since Isadore's does not have the exclusive use of Page 7. COMMISSIONERS CITY OF NEWPORT BEACH °' o �AC--)5 N N N N L CALL ' N December 17, 1970 MINUTES INDEX these 70 spaces Mr. O'Neil stated he believed any increase in seating capacity was a proper matter to be heard by the Commission and should require an amendment to the original variance. Mr. Gray, has proposed to provide 50 additional spaces at the Bayside Village across Coast Highway;.the Municipal Code, under Section 20.38.040, sub -secti n (a) requires that such lot be so located to be usable in connection with the proposed use or uses of the building site, so in conclusion, Mr. O'Neil stated that he believed Mr. Gray does require an amendment to the variance if he proposes to in- crease the occupancy of Isadore's and also to show that the lot where he proposes to pick up these spaces is so located as to be usable with the restaurant facility. Mr. Gray addressed the Commission and stated that they have gone through a lot of investigation in an attempt to acquire other off - street parking; there was none available at the restaurant across . the street, at Chick Iverson's and the Irvine Company would not release any, so the only place they could obtain was in conjunctiop with the Bayside Village. They have made an. arrangement to lease 50 spaces with the intention of requiring their employees (approximately 21 to 22) to park at this location, which would alleviate some'of the problems, as they have been asking their:. employees to park on the street. At peak hours it would be their intention to have valet parking: Upon being asked haw many employees.there are at Ruben's and the Reuben E. Lee, Mr. Gray replied that at Reuben's there are about 30 per shift and at the Reuben E. Lee, about 50. He.said they do want to be good neighbors. The critical time is from 5 to 7 on Fridays; other evenings they do not really get going until 8:30. Mr. Gray was asked if he had a long term lease'with the Bayside , Village; he replied that they had an agreement to pay $75.00 per month until the summer months at which time a different rate would be established. The following persons spoke in opposition; Ralpph Allin, 115 Coral,.one of the directors of the,Balb a Island Community Association, who said they wished to add their objection to that of Linda Isle;.Mr. . James Turner of 409 Bayside Drive and Lorraine Kelso of Balboa Island. After a lengthy discussion, the Commission came to Page 8. COMMISSIONERS Motion Second Ayes Abstain • Motion Second All Aye< • a' CITY OF NEWPORT BEACH December 17. 1970 MINUTES INDEX the conclusion that this was an intensive over - x use of'the property, and the application to in- x crease the allowable occupancy of Isadore's from x x x x x 105 to 182 was denied. x Commissioner Adkinson returned to the dais. Item 10. Request to permit live entertainment, dancing and USE the sale of alcoholic beverages in conjunction PERMIT with a bonafide restaurant, located within 200 PTO -7702 feet of the boundary of a dwelling district. CONT'D. Location: 353 East Coast Highway, located on the UNTI south side of East Coast Highway, J�7 approximately.200 feet easterly of the intersection of East Coast Highway and Bayside Drive. Zone: C -1 -H Applicant: Hungry Tiger, Inc., Van Nuys Owner: The Irvine Company, Newport Beach The applicant was not represented at the meeting s the application was continued until January 7, 197 x and the staff was asked to inform the applicant of X this action and request that he be present at the next meeting. Item 11. Request to permit the addition of two motel units, AMEND - with kitchenettes, to be added to an existing MINT TO twelve unit motel and 250 sq.ft. real estate UTF- office (Sail Inn Motel). PTRMIT N -1-671 Location: Portion of Lots 8, 9 and 10, Section A, Block 227, located at 2627 Newport APPROVED Boulevard, on the soutW side of;28th Street between Newport Boulevard Northbound and Newport Boulevard South bound. Zone: C -1 Applicant: Harry V. Anderson, Newport Beach Owner: Same as applicant. Page 9. COMMISSIONERS CITY OF NEWPORT BEACH 9 V V' N V 4 N L CALL °� 0:s w Motion Second All Aye< E • Motion Second Ayes Abstain MINUTES December 17, 1970 INDEX Mr. Harry V. Anderson was present at the meeting and answered questions of the Commission. After x discussion, the application was approved, subject x to the following conditions: 1. The motel units to be provided with one- hour - separation fire walls from the office area. 2. All new construction must conform to the Uniform Building Code. Commissioner Adkinson left the dais prior to dis- cussion of the following item in order to avoid a conflict of interest. Item 12. Request to construct a four -unit residential build USE ing in a C -1 District. PERMIT NT.77497 Location: Lots 7 and 8, Block 3, East Newport Tract, located at 511 and 513 West CONT'D. Bay Avenue on the south side of West UNTIL Bay Avenue between Island Avenue and JAN. .7 6th Street. Zone: C -1 Applicant: Land Evolution Inc., Santa Ana Owner: Same as applicant.. Mr. Frank Spangler represented the applicant and displayed drawings and explained how.he had arrived at the requested setbacks. The Commission approved of the diagonal parking as shown but questioned the 3'6" setback from the alley. There was also concern expressed regarding placing 4 uni s on these two lots; however, Mr. Spangler stated that there was enough square footage to construct a duplex on each lot if density standards of the R -2 zone were allowed, and that the development as presented would be much more pleasing aesthetic- ally. Y• After a discussion, Mr. Spangler was asked if he would like to continue the application until January 7, 1971 in order that he could make some x revisions to the design. The application was X continued until January 7, 1971 with the consent x x x of the applicant's representative. x Page 10. COMMISSIONERS • Motion Second All Aye • CITY OF NEWPORT BEACH MINUTES December 17. 1970 INDEX Commissioner Adkinson returned to the dais. Request to permit live entertainment in connection Item 13. USE with a bonafide restaurant located within 200 feet PETMIT of a residential district. HT. TT98 Location: Lot 13 and a Portion of Lot 12, Block APPROVED 9, Tract 27, located at 445 North Newport Boulevard, on the west side of North Newport Boulevard between Westminster Avenue and Bolsa Avenue. Zone: C -1 Applicant: Leonard M. Murchison, Newport Beach Owner: Frank B. Glasgow, Fullerton Mr. Murchison was present at the meeting and stated that the parking question raised by Mr. Glasgow, the owner, has been worked out to everyone's satin faction. After'a short discussion, the application x was approved in accordance with the following x conditions: 1. Live entertainment shall be limited to one guitar player. 2. There shall be no amplification permitted. 3. Live entertainment shall not be permitted after 12:00 midnight on any day. 4. All off - street parking spaces shall be marked with painted white lines not less than four inches wide. Item 14. Request to permit a nine unit motel in a C -1 USE District and to continue the use of one commercial PERMIT office. The application further requests a five- NO. TT99 foot rear yard (alley) setback plus a two and one - half foot second -story projection, and zero set -. DENIED backs on Park Avenue and Agate Street. Location: Lots 22 and 23, Block 8, Resubdivision of Balboa Island, located at 498 Park Avenue and 201 Agate Street, Balboa Island, on the northwest corner of Agate Street and Park Avenue. Page 11. COMMISSIONERS Y SY £OF O7G� �L CALL 3 w CITY OF NEWPORT BEACH December 17, 1970 MINUTES INDEX Zone: C -1 -H Applicant: Harvey D. Pease, Balboa Island Owner: Same as applicant. Planning Director Wilson presented the application to the Commission and stated a number of letters had been received in support of this applicant, Mr. Harvey Pease, and have been submitted to the Planning Commission. He stated further that as the Planning Department sees it, the purpose of this hearing is simply to consider the proposed building project, and while the use of property for a motel in a commercial district is not un- reasonable, there are certain questions regarding the building and the way it is proposed to be situated on the property and these are referred to in the staff report. Mr. Harvey Pease addressed the Commission and said he concurred with Mr. Wilson and that the length . of residence in the City has no relevancyy on the nature of this application. Mr. Pease thanked the members of the Commission for the continuance from the prior scheduled hearing. He went on to..explain that what is being attempted is to come.up with,the highest and best use of a relatively small.parcel on Balboa Island. Mr. Pease displayed a drawing which he explained to the Commission and stated further that there is need for a motel on the island. He feels this is a reasonable use of the property.; which is located on a corner with commercial uses on both sides of Agate Avenue. The R -2 property across the street was originally zoned C -1 -H and Mr. Pease felt it would not be reasonable to request him to rezone his property. He read into the recor a letter in favor of this project from-Mr. John H. Scudder, 145 North Bay Front, Balboa Island. Mr. Ralph Henger, a resident of Balboa Island for 15 years addressed the Commission in favor of this application. Mr. John Hall, 206 Agate Street spoke in opposition and presented a petition signed by 166 persons..: He stated he was one of the collectors of these signa- tures, there being three others, two present at the hearing. Mr. Al Kelso, a permanent resident and owner of property on Balboa Island read into the record a letter of protest dated December 17, 1970, from Mr. .Ted Sunshine of 120 Onyx, who could not: be present at the meeting. Mr. Kelso also_pre- Page 12. COMMISSIONERS � £ F 'N �L CALL ' <0 > CITY OF NEWPORT BEACH December 17. 1970 MINUTES INDEX sented to the members of the'Commission a letter of opposition signed by Mr. Tom Houston, President of the Balboa Island Improvement Association; the letter was dated December 2, 1970 °as it was to hav been presented at the previous meeting., Mr. Alfre Beech who owns property across the• street also spoke in opposition. The Commission discussed this'application at lengt , showing concern regardi.ng the possibility of the units being used as apartments, rather than as mot 1 units, if not by Mr. Pease, then perhaps by a futu e property owner. A kitchen in every unit•, fireplac s in some of the units and walk in closets seem to b more than the facilities usually' provided in motel units. Mr. Pease inquired whether Mr. Wilson had received a call from Mr. Peterson, whose wife owns property across the alley, indicating approval of the project and use of the 5 foot setback on their sid of the alley and, of course, use -of the 5 foot set back on Mr. Pease' side of the alley in return; Mr. Pease stated further that Mr. Peterson did not wish to send a letter. Mr. Wilson acknowledged that he had received the call. After further discussion, Mr. Pease inquired whether it would be permissible to continue this to the next meeting to make it possible to meet with some of the protestants and resolve some of the problems. Mr. Kelso stated that this request had been antici- pated at the meeting of the Balboa Island Improve- ment Association group and he was instructed that if such a request were made -, the Commission should be urged to deny a continuance on the basis that this item has been held over twice and further, that it be brought to a conclusion with a motion o denial. Commissioner Glass made -the following statement: "Mr. Chairman, I agree with Mr. Pease and with the people that agree with him-that a motel is needed on the island and it would be a useful adjunct; however, I am not convinced that this is a motel. It looks like a 9 unit apartment house to me and . I certainly think that there is an imposition on the neighborhood in the matter of setbacks and an imposition on whatever the tenants of this are called in the parking layout dimensions and turning Page 13. COMMISSIONERS Motion Second All Ayes Motion Second 46 1 Ayes Is CITY OF NEWPORT BEACH MINUTES December 17, 1970 INDEX radius and so on, so I would make a motion that if Mr. Pease would like to drastically revise the plans and bring them before us again, we would consider them; if he chooses not to do so I would recommend denial of the use permit ". It was the opinion of the Commission that this was not a proper motion; that if Mr: Pease were going to bring revised plans for a motel before the Commission he should start from scratch and the application should be readvertised- and reposted. x Mr. Glass rescinded his motion and moved that the x application be denied which motion carried. Due to the lateness of the hour, Commissioner x Adkinson moved that the next three items be con - x tinued until the meeting of January 7, 1971. Item 15. Request to permit the installation of an off -site directional sign 27'2" in height-at 280 East Coast AMEND - M- E�-TO USE Highway for the Ocean Toad Restaurant. PERMIT NO. 1486 Item 16. Request to permit the construction of two single- USE family dwelling units on one C -1 lot on property located at 815 East Balboa Boulevard, applicant, PERMIT W77-500 Patrick O'Connor. Item 17. Request to permit the conversion of an existing USE medical building into a five -unit boarding house PERMIT on property located at 400 Westminster Avenue, NT_._TI applicant, John Vogel. * * * * * * * * * * * * * * * * * * * * * * * * * * ** On motion of Commissioner Adkinson, seconded by Commissioner Watson, and carried, the meeting was adjourned until January 7, 1971 at 8:00 P.M. in the City Council Chambers. 1 Don R. Adkinson, Secretary Planning Commission