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HomeMy WebLinkAbout1970-04-06 (6)Page #10 - Council Minutes - 4/6/70 qj PUBLIC HEARING - APPEAL - UP 69-70, Dv 69-43 & 70-1 - COUNCILMAN MATNEY y� PUBLIC HEARING - APPEAL - UP 70-3 - COUNCILMAN MATNEY PUBLIC HEARING - APPEAL UP 70-4 - CITY OF NEWPORT BEACH Mayor Green announced that this was the da,y and hour set for a. public hearing on an appeal filed by Councilman Ma,tney to the approval by the Planning Commission of the following: 1. Division of Land 69-43 to permit the division of a, parcel of land into two separate legal parcels, on property located on the southeast corner of Adams Avenue and Brookhurst Street in the C2 Community Business District. 2. Division of Land 70-1 to permit a, division of land of a legal parcel of land into two legal parcels of land, on property located 280' east of Brookhurst Street and 300 feet south of Adams Avenue in the C2 Community Business District. 3. Use Permit 69-70 to permit the construction of a, Handyman Hardware Store on approximately 6.2 acres of land, on property located at the southeast corner of Adams Avenue and Brookhurst Street in the C2 Community Business District. and to consider an appeal filed by Councilman Matney to the approval by the Planning Commission of Use Permit 70-3 to permit the following: The construction' of a; full service car wash and dispensing of gasoline in the C2 Community Business District, on property located at the southeast intersection of Brookhurst Street and Adams Avenue. and to consider an appeal filed by the City of Newport Beach to the denial by the Planning Commission of Use Permit No. 70-4 to permit the following: The construction of a, gasoline service station at the south- east corner of Brookhurst Street and Adams Avenue on property located in the C2 Community Business District. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearings had been met and that he had received no communications or written protests t'o Use Permit 6 9-70 and Divisions'of Land 69-43 and 70-1 other than the letter of appeal and a communication from the Meredith Gardens Homeowner's Association, Inc., requesting that they be heard on this matter at the time of the public hearing. The Clerk then read the communication from Meredith Gardens Homeowner's Association, Inc., requesting that the regular procedure of the public hearing be altered so that those speaking in favor of granting the requests be heard first. Following discussion by Council, on motion by Matney, Council determined that they would first hear those speaking in favor of the requests. Motion carried. The Clerk then informed Council that a, communication had been received from Meredith Gardens Homeowner's Association, Inc. urging denial by Council of Use Permit 70-3. The Assistant Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Use Permit 69-70, Division of Land 69-43, Division of Land 70-1 and Use Permit 70-3, following which he presented a resume' of the reasons for denial by the Planning Commission of Use Permit 70-4, and a, video-ta,pe of the area, for Council's consideration. Mayor Green declared the hearing open and requested that those who wished to speak for approval of the items under consideration speak first. Page #11-- Council Minutes - 4/6/70 Mr. Jerry Pollack, 8372 Center Drive, La Mesa, California, Planning Director of Handyman Hardware Stores addressed Council and stated that he believed approval of Use Permit 69-70, Division of Land Nos 69-43 and 70-1 should be granted by Council. Mr. Owen Kupfer, 453 South Spring Street, Los Angeles, attorney repre- senting Mr. Sa,kioka, the applicant addressed Council and gave reasons why he believed the Use Permit and Divisions of Land should be approved by Council. Mr. James DeChaine, Assistant City Manager of the City of Newport Beach addressed Council and stated that he believed the applicant's proposed plans were compatible with the surrounding area. Mr. J. M. Shea, President of Beacon Bay Enterprises, applicant for Use Permit No. 70-3, addressed Council and gave reasons why he,believed a Use Permit for the car wash together with gasoline dispensing facilities should be granted by Council. Mr. Edward Kerins, 20061 Colgate Circle, President of the Meredith Gardens Homeowner's Association addressed Council and presented film slides of the area for Councils information, and stated that the appli- cants proposed usage of the land was unsuitable to the development in the surrounding area. He submitted a petition listing approximately 305 residents of the area who oppose the uses requested by the developers. Mr. Ben Londeree of the Huntington Bay Property Owners Association addressed Council and gave reasons why he believed they should deny the appeals. Mr. Bob Suta,ke, 6012 Annette Circle, City, addressed Council and stated that he does not believe the proposed project is suitable to future development, and urged Council's rejection of said plans. Mr. Boty Dingwall, 19791 Estuary Lane, City, addressed Council and stated his opposition to the matter. There being no one further present to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Considerable discussion was held by Council on the matter. On motion by Matney, Council sustained the decision of the Planning Commission and denied Use Permit No. 70-4 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Kaufman, Matney, Coen, Green NOES: Councilmen: McCracken ABSENT: Councilmen: None On motion by Matney, Council overruled the decision of the Planning Commission and denied Use Permit No. 70-3 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Matney, Coen,. Green NOES: Councilmen: Kaufman ABSENT: Councilmen: None On motion by Matney, Council overruled the decision of the Planning Commission and denied Use Permit No. 69-70 by the following roll call vote: AYES: Councilmen: Shipley, Matney, Coen, Green NOES:Councilmen: Bartlett, McCracken, Kaufman ABSENT: Councilmen: None -4 g n Page #12 - Council Minutes - 4/6/70 A'motion was made by Councilman Kaufman; to sustain the decision of the Planning Commission and approve Division of Land No. 69-43 but failed to pa,ss.by the following roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman NOES: Councilmen: Shipley, Matney, Coen, Green. ABSENT: Councilmen: None A motion was then made by Councilman Coen to refer Divisions of Land Nos. 69-43 and 70-1 to the Planning Commission for a determination as required by the Ordinance Code, and was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Matney, Coen, Green NOES: Councilmen: Kaufman ABSENT: Councilmen: None RECESS Mayor Green called a, recess of the Council at 10:30 P.M. The meeting was reconvened by the Mayor at 10:45 P.M. Mayor Green requested that Mayor Pro-tempore McCracken preside over the next portion of the meeting as he (Councilman McCracken) is.a.member,:of the Council Committee working.with.;the Downtown Property Owners Committee. DOWNTOWN PROPERTY OWNERS COMMITTEE - DEVELOPMENT PLANS At the request of Mayor Pro-tempore McCracken, Mr. Harvey Pease, 304 Collins, Balboa Island, addressed Council and stated that the committee had successfully obtained a, document listing signatures of owners of 20 percent of the property involved in the plans for private develop- ment of the downtown area, and are striving to increase this committal to cover 40 percent of the involved property by July 1, 1970. Following discussion, Council requested that the documents be submitted to the City Attorney and City Administrator by April 13, 1970 for study, and then be referred to the Council Committee for review and report at the meeting of April 20, 1970. C �t31 PUBLIC HEARING - APPEAL - ADMINISTRATIVE ACTION NOS. 69-3 69-4, 69-5, 9- , AND 70-3 - COUNCILMAN BARTLE'TT - CONTINUED Mayor Green announced that this was the da,y and hour set for a public hearing on an appeal filed by Councilman Bartlett to the denial by the Planning Commission of the following Administrative Action items: Administrative Action 69-3 To permit four 2 foot by 3 foot yellow flags on permanent poles within planter areas. Administrative Action 69-4 To permit banners to be attached to a 60 foot high tubular steel pole forming a canopy or tent effect over property. Administrative Action 69-5 To permit an lb foot by 36 foot flashing arrow on top of a sphere of the building. Administrative Action 69-6 To permit rotating, flashing spotlights directed upward on roof of a, building. Administrative Action 70-3 To permit twelve 3 foot by 5 foot pennants on poles within a, model home complex. Such 10 foot and 12 foot poles are located inside wrought iron fence approximately 18 inches inside the sidewalk. "_' "