HomeMy WebLinkAbout01/20/1983MMISSI0NERSI REGULAR PLANNING COMMISSION MEETING
XIX IX I Ix I All Present.
x x x
EX- OFFICIO MEMBERS PRESENT:
I I I I I I I I James D. Hewicker, Planning Director
Robert Burnham, Acting City _Attorney
* x x
STAFF MEMBERS PRESENT:
William R. Laycock, Current Planning Administrator
Fred Talarico, Environmental Coordinator
Robert Lenard, Advance Planning Administrator
Patricia Temple, Senior Planner
Donald Webb, City Engineer
Pamela Woods, Secretary
APPROVAL OF THE MINUTES
Minutes of January 6, 1983
Motion X Motion was made to approve the Minutes of the Planning
Ayes X X X X X Commission Meeting of January 6, 1983, as written,
Abstain X which MOTION CARRIED.
x x x
Planning Director Hewicker advised the Commission that
the State of California, Department of Transportation
has requested that the Caltrans West portion of Item
No. 5 - General Plan Amendment 81 -2 and Item No. 6 -
Amendment No. 2 to the Newport Beach Local Coastal
Program, be continued to the Planning Commission
Meeting of February 10, 1983.
Motion X Motion was made to continue the Caltrans West portion
All Ayes y X X X X X X of General Plan Amendment 81 -2 and Amendment No. 2 to
the Newport Beach Local Coastal Program, to the
Planning Commission Meeting of February 10, 1983, which
MOTION CARRIED.
x x x
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MINUTES
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PLACE:
City Council
Chambers
TIME:
7:30 p.m.
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DATE:
January 20,
1983
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City of
Newport
Beach
XIX IX I Ix I All Present.
x x x
EX- OFFICIO MEMBERS PRESENT:
I I I I I I I I James D. Hewicker, Planning Director
Robert Burnham, Acting City _Attorney
* x x
STAFF MEMBERS PRESENT:
William R. Laycock, Current Planning Administrator
Fred Talarico, Environmental Coordinator
Robert Lenard, Advance Planning Administrator
Patricia Temple, Senior Planner
Donald Webb, City Engineer
Pamela Woods, Secretary
APPROVAL OF THE MINUTES
Minutes of January 6, 1983
Motion X Motion was made to approve the Minutes of the Planning
Ayes X X X X X Commission Meeting of January 6, 1983, as written,
Abstain X which MOTION CARRIED.
x x x
Planning Director Hewicker advised the Commission that
the State of California, Department of Transportation
has requested that the Caltrans West portion of Item
No. 5 - General Plan Amendment 81 -2 and Item No. 6 -
Amendment No. 2 to the Newport Beach Local Coastal
Program, be continued to the Planning Commission
Meeting of February 10, 1983.
Motion X Motion was made to continue the Caltrans West portion
All Ayes y X X X X X X of General Plan Amendment 81 -2 and Amendment No. 2 to
the Newport Beach Local Coastal Program, to the
Planning Commission Meeting of February 10, 1983, which
MOTION CARRIED.
x x x
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MMiSSUNLKS MINUTES
January.20, 1983
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Request to permit the construction of a restaurant
Item #1
facility with on -sale alcoholic beverages and live
entertainment in the Civic Plaza Planned Community.
The proposal also includes a modification to the Zoning
Code so as to allow the use of tandem parking spaces in
conjunction with a valet parking service.
SITE
LOCATION: All of Parcels No. 1 and 4 and a portion
PLAN
of Parcel No. 3 of Parcel Map No.
REVIEW
175 -22, 23 and 24 (Resubdivision No.
NO. 30
730), located on the northeasterly
corner of Santa Barbara Drive and San
Clemente Drive, in the Civic Plaza
Planned Community.
ZONE: P -C
APPROVED
APPLICANT: Lee & Sakahara Associates, AIA, Inc., .CONDI-
Costa Mesa I TTM1hT.T.v
• 1 1 1 1 1 1 1 1 OWNER: The Irvine Company, Newport Beach
Commissioner Allen stated that she has reviewed the
previous Planning Commission minutes and staff report
relating to this item. Mr. Robert Burnham, Acting City
Attorney, stated that Commissioner Allen would
therefore be entitled to participate and vote on this
matter.
Planning Director Hewicker presented background
information on this request. He referred to Revised
Exhibit "A" of the staff report, and suggested that
Finding No. 5 be deleted, as reference to specific area
plan objectives do not relate to this item.
The public hearing opened in connection with this item
and Mr. Donald Yoshino, architect for the project,
appeared before the Commission. Mr. Yoshino stated
that the revised conditions of approval for this
project are acceptable.
Mr. Steve Sandland, representing The Irvine Company,
stated that they have met with representatives of the
Newport Beach Board of Library. Trustees and the
• Director of the Library, to discuss the proposed plan.
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Mr. Sandland explained the revisions to the proposed
plan as follows: 1) A walkway has been added towards
the self parking area; 2) The handicap parking spaces
have been moved in closer proximity to the facility;
3) The valet parking drop off zone has been moved in
further, which will allow the patrons to utilize the
self parking area without any disruptions by the valet
parking operation; and, 4) A six foot wide walkway has
been added along the library parking area for the
library patrons. He stated that they are also willing
to designate the library staff parking area and number
said spaces for the library staff.
In response to a question posed by Commissioner
Balalis, Mr. Sandland stated that signs would be posted
which would indicate "library parking only" and
"library staff parking only" and the library staff
parking spaces would be numbered. He stated that the
numbered spaces would be designated by the Director of
. the Library for the staff parking. Mr. Sandland stated
that the library staff generally arrives to work before
the opening hours of operation for the restaurant.
Commissioner Balalis suggested that the access to the
library staff parking lot be limited to only have
access from one direction. Mr. Sandland stated that
the vehicular access could be narrowed and signs could
be posted for an exit only. Mr.- Don Webb, City
Engineer, stated that this idea would be better than
closing off the area completely.
Planning Director Hewicker suggested that the parking
lot be designed in such a manner so that the parking
areas can be utilized even after the library has
closed. Chairman King concurred. Planning Director
Hewicker further stated that the library may have
occasion to utilize the restaurant parking area during
the hours when the restaurant is not in operation.
Ms. Jean Hilchey, Chairman of the Board of Library
Trustees for the City of Newport Beach, appeared before
the Commission. Ms. Hilchey stated that they are
concerned with making the entrance safe for the library
patrons. She stated that many of the library patrons
• are children and young adults who ride their bicycles
to the library and must also utilize the driveway.
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Ms. Hilchey suggested that a raised two foot divider be
installed in the driveway to Santa Barbara Drive which
would separate the incoming and outgoing traffic, since
the library patrons must share its entrance with a
facility where alcoholic beverages will be served.
Chairman King stated that the addition of a walkway
along the berm next to the library will provide a
protective walkway for the patrons of the library. Ms.
Hilchey stated that they are in support of the proposed
walkway, but the walkway will do nothing to ensure the
safety of the library patrons at the driveway entrance.
Mr. Webb referred to Condition of Approval No. 10 which
relates to the location and configuration of the
proposed driveway. Mr. Webb further stated that
consideration shall be given to dividing the driveway
entrance at the time the Public Works Department
reviews and approves the final on -site parking and
• circulation system design.
Mr. Webb stated that in some instances a raised two
foot barrier tends to distract motorists and block
their view. He stated that some motorists are more
concerned with maneuvering their automobile around such
a barrier, rather than watching for other vehicles or
pedestrians.
Ms. Hilchey also requested that the delivery and
service vehicles for the restaurant utilize the
alternate driveway, rather than the main entrance
driveway. Planning Director Hewicker stated that this
would be desirable, but it would be very difficult to
enforce.
Chairman King stated that requiring the delivery
vehicles to only utilize the rear entrance will congest
the entrance for the many workers in Civic Plaza during
the morning hours. Mr. Webb stated that the delivery
vehicles will probably enter on one. driveway and exit
on another, because there will not be sufficient room
for a large truck to turn around in the service
entrance. Mr. Webb added that this should not create a
problem. Chairman King stated that if this becomes a
problem, the issue can be re- addressed.
•
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Ms. Judith Clark, Library Director, appeared before the
Commission. Ms. Clark described the various activities
and meetings which occur at the library facility. She
stated that between July and December of last year, 164
meetings took place in the library community room;
averaging between 40 to 50 participants for the
non - library groups, with a maximum of 75 participants.
She stated that the library activities in the community
room averaged between 10 to 25 participants, with a
maximum of 75 participants.
Ms. Clark stated that the Newport Center Branch Library
currently employees 17 full time regular employees and
7 part time regular employees. She stated that the
employees work on either the daytime or evening shift.
She stated that a minimum of 24 parking spaces are
needed for the library staff.
Ms. Clark stated that they anticipate that the use of
• the community room and the use of the library will
greatly increase in the future. She stated that as the
number of their patrons increase, additional parking
will have to be specifically designated for the use of
the library.
Commissioner Balalis asked whose responsibility it is
to provide the library with. ample parking spaces.
Planning Director Hewicker stated that the library use
is located within a Planned Community development,
which provides 49 parking spaces to be set aside for
the library use. He stated that the actual use of the
parking lot includes cross easements, which provides
that any .user of any of the buildings within Civic
Plaza has the right to pass through one area of parking
to another. He stated that there are no parking spaces
within the Planned. Community which are set aside for.
the exclusive use of one facility.
In response to a question posed by Commissioner
Balalis, Planning Director Hewicker. stated that at the
time the Civic Plaza Planned Community was reviewed and
approved, it was determined that the parking set aside
for the library use would be adequate. He stated that
the parking requirement utilized was 3.5 parking spaces
per 1,000 gross feet of floor area. He stated that the
• gross floor area was not broken down into book storage,
entryways, staff offices, or community room usage.
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Commissioner Kurlander stated that The Irvine Company
provides approximately 90 parking spaces for the
library use, including the 49 parking spaces set aside
in the Planned Community,
Mr. Sandland stated that the Civic Plaza Planned
Community utilizes a shared parking concept plan. He
stated that during the hours of operation of the
restaurant there will be approximately 90 parking
spaces devoted for the use of the library. He stated
that the Art Museum has approximately 87 designated
parking spaces. He stated that 40 of these parking
spaces are located immediately adjacent to the library.
He stated that the Art Museum closes at 5:00 p.m.,
therefore making those spaces available to the library
use.
I ( I I I I In response to a question posed by Commissioner
McLaughlin, Ms. Clark stated that the majority of the
• non - library activities take place during the evening
hours. whereas, she stated that most of the library
related activities take place during the daytime hours.
She stated that various groups such as volunteer
organizations, college /university groups, recreational
and educational groups utilize the library community
room. She stated that most of the groups are non-
profit organizations, which the library does not charge
a fee for the use of the community room.
In response to a question posed by Commissioner Goff,
Ms. Clark stated that the majority of the community
room meetings take place Monday through Friday. She
stated that currently, the library is closed on Sunday.
Ms. Aileen Schrader, Vice - Chairman of the Board of
Library Trustees, appeared before the Commission. Ms.
Schrader expressed their concern with the phasing plan
for the construction of the parking lot and driveways
which will take approximately six to eight weeks. She
stated that during this construction period, the
library parking will be greatly disrupted. She further
expressed their concern with the safety of the library
patrons when crossing over the excavation for the
parking lot and driveways, and requested that the
. construction be monitored for the safety of the library
patrons.
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Mr. Webb referred to Condition of Approval No. 6 which
provides for approval of the phasing plan by the Public
Works Department. He also added that the condition
states that said plan shall provide for minimum
disruption to library patrons. He stated that the
library patrons will be conveyed over the excavation by
a temporary paved walkway which will be signed,
delineated and barricaded. However, he stated that
there is no way to totally avoid the inconvenience
during the parking lot construction.
In response to a question posed by Commissioner Allen,
Mr. Webb stated that the restaurant parking lot will be
constructed first, so that while the library parking is
being modified, the library patrons will have a place
to park.
Commissioner Allen expressed her concern that during
the construction process of the parking lots, there may
• not be sufficient parking for the library use. Mr.
Sandland stated that as many parking spaces as possible
will be provided for the library use during the parking
lot construction. He stated that they are also
concerned with the disruption to the library patrons
and stated that they will endeavor to construct the
parking lots as rapidly as possible.
Commissioner Goff asked what weeks during the year, the
construction of the parking lots will take place. Mr.
Sandland stated that they are hopeful of starting the
construction of the parking lots within the next two
months. He stated that they do not want the
construction of the parking lots to extend into the
summer months. Ms. Schrader stated that April is the
month of their.annual book sale, when the most parking
is needed.
Commissioner Goff asked if the summer daytime use of
the library is heavily utilized by children. Ms. Clark
concurred and stated that the library has a summer
reading program for the children during the day.
Commissioner Goff concluded that the summer months
would be the worse for any disruption to the parking
areas.
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Ms. Sarah Ramsey, President for the Friends of the
Library, appeared before the Commission. Ms. Ramsey
stated that her organization raises money for the
library. She expressed her concern with the proposed
parking plan and the safety of the children who utilize
the library.
Commissioner Kurlander stated that the Planning
Commission is also concerned with the safety of the
library patrons and the construction phasing plan. He
stated that the Public Works Department has been
alerted to the concerns expressed by the Commission
members and will consider these concerns when reviewing
and approving the construction phasing plan and the
location and configuration of the proposed driveway.
Motion I I IxI I I I I Motion was made to approve Site Plan Review No. 30,
subject to the findings and conditions of Revised
Exhibit "A ", with the deletion of Finding No. 5 as
•
recommended by staff.
Amendment % Commissioner McLaughlin suggested an amendment to the
motion for Conditions of Approval No. 6 and 10, which
would allow for input from the library board, relating
to the construction phasing plan and the location and
configuration of the proposed driveway. Mr. Webb
stated that this will be coordinated with the members
of the library board and the Public Works Department.
Acceptance X Commissioner Kurlander accepted this as an amendment to
his motion.
Commissioner Balalis asked if the library staff parking.
lot should be limited to only have access from one
direction, with the use of a one way marker. Planning
Director Hewicker stated that Condition of Approval No.
4 could be amended to include further review of that
portion of the parking lot adjoining the library by the
Public Works Department.
Commissioner Kurlander suggested that rather than
amending Condition of Approval No. 4, that review and
approval of that portion of the parking lot, be left to
the discretion of the Public Works Department, keeping
• in mind the concerns expressed by the Commission. Mr.
Webb concurred.
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Commissioner Goff suggested an amendment to Condition
No. 6, which would state that under no circumstances
would disruptions to library patrons, due to the
parking lot construction, be permitted between mid June
and mid August.
Chairman King stated that such an amendment may be
counter productive. He stated.that if construction has
begun prior to the summer, this would mean that the
excavated site would have to remain exposed during the
summer months, which may prove to be detrimental to the
public.
Commissioner Kurlander stated that he could not accept
Commissioner Goff's suggested amendment. However, he
stated that he would encourage the applicant to
complete the construction of the parking lots prior to
the summer months.
• Commissioner Allen suggested that Condition No. 6
contain language which states that it is the
Commission's intent that the phasing plan include or
provide for construction of the parking lots before
June 1st. Commissioner Kurlander stated that he would
not want to add this language to Condition No. 6. He
stated that the Public Works Department is aware of the
Commission's concerns and intent on this issue.
All Ayes S X X X X X X Commissioner Kurlander's motion for approval of Site
Plan Review No. 30, amended as follows: Conditions No.
6 and 10 to include language which would allow for
input from the library board, relating to the
construction phasing plan and the location and
configuration of the proposed driveway; and, deletion
of Finding No. 5, was now voted on as follows, which
AMENDED MOTION CARRIED:
FINDINGS:
1. That the proposed use is consistent with the Land
Use Element of the General Plan and is compatible
with surrounding land uses.
2 Adequate off - street parking and related vehicular
• I circulation are being provided in conjunction with
the proposed development.
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3. The proposed development is a high - quality
proposal and will not adversely affect the
benefits of occupancy and use of existing
properties within the area.
4. The proposed development does not adversely affect
the public benefits derived from the expenditures
of public funds for improvement and beautification
of street and public facilities within the area.
5. That the development will not result in a
significant environmental impact.
6. The proposed number of compact car spaces
constitutes only 16 percent of the parking
requirements where the Civic Plaza Planned
Community Development Standards provide that 30
percent of the required parking may be established
as compact parking stalls if approved by the
• Planning Commission.
7. The Police Department has indicated that they do
not contemplate any problems.
8. That the establishment, maintenance, or operation
of the use of the property or building will not,
under the circumstances of the particular case, be
detrimental to the health, safety, peace,.comfort,
and general welfare of persons residing or working
in the neighborhood of such proposed use or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City and further that the proposed
modification for the tandem parking spaces with
valet service is consistent with the legislative
intent of Title 20 of the Municipal Code.
CONDITIONS!
1. That development shall be in substantial
conformance with the approved plot plan, floor
plans, and elevations, except as noted below.
• 2.. That a minimum of one parking space for each 40
sq.ft. of "net public area" shall be provided for
both the restaurant and bar.
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3. That valet parking shall be provided during all
hours of operation of the proposed restaurant and
bar.
4. That the final on -site parking and circulation
system, including the operation of the valet
service shall be subject to review and approval of
the City Traffic Engineer and the Planning
Director. The parking spaces which are most
convenient and most accessible to the restaurant
entrance shall be distributed in such a way that
there are an adequate number of spaces available
for patrons who do not wish to use the valet
service. The valet parking service shall not
restrict or otherwise preclude the use of the
independently accessible spaces by patrons wishing
to park their own car. The valet parking service
shall use the tandem parking stalls first. When
those are filled the spaces more remote from the
• restaurant entrance may be filled next. On- street
parking is prohibited.
5. All employees shall be required to use the lower
driveway and entrance and park on -site in spaces
farthest from the restaurant entrance.
6. That a phasing plan for the construction of the
parking lot and driveways shall be approved by the
Public Works Department with input from the
library board, prior to the issuance of any
building permits. Said plan shall provide for
minimum disruption to library patrons.
7. That all construction traffic shall be required to
use the lower driveway.
8. That the on -site pedestrian system be subject to
further review and approval of the Public Works
Department.
9. That a sidewalk be constructed adjacent to the
parking lot on the west side of the library. Said
sidewalk shall be of sufficient width to provide a
minimum of 4 feet between the car bumpers and back
of sidewalk.
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10. That the location and configuration of the
proposed driveway on San Clemente Drive shall be
subject to further review and approval of the
Public Works Department and input from the library
board. Consideration shall be given to dividing
the driveway entrance.
11. That the existing drive apron and island on San
Clemente Drive shall be removed and replaced with
curb, gutter, sidewalk and pavement.
12. That the Planning Director shall approve a
directional signing program designed to
differentiate between parking areas designated
for the use of library patrons and the subject
restaurant.
13. That all improvements be constructed as required
by ordinance and the Public Works Department
• 14. That a standard site plan agreement and
accompanying surety be provided to guarantee
satisfactory completion of the public improvements
if it is desired to obtain a building permit prior
to completion of the public improvements.
15. That grease interceptors shall be installed on all
fixtures in the restaurant facility where grease
may be introduced into the drainage systems in
accordance with the provision of the Uniform
Plumbing Code. -
16. That all mechanical equipment and trash areas
shall be screened from adjoining streets and
buildings.
17. That kitchen exhaust fans shall be designed to
control odors and smoke in accordance with Rule 50
of the South Coast Air Quality Management
District. -
18. That a washout area for the restaurant trash
containers be provided in such a way as to allow
direct drainage into the sewer system and not into
the Bay or the storm drains.
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19. A landscape and irrigation plan for the project
shall be prepared by a licensed landscape
architect. The landscape plan shall integrate
and phase the installation of landscaping with
the proposed construction schedule. Prior to
occupancy, a licensed landscape architect shall
certify to the Planning Department that the
landscaping has been installed in accordance .
with the approved plan.
20. The landscape plan shall be subject to the review
of the Parks, Beaches and Recreation Department,
and the approval of the Planning Department.
21. That the plans for landscaping the area adjacent
to San Clemente Drive shall be subject to the
review and approval of the Public works
Department.
• I I 1 122 The landscape plan shall include a maintenance
program which controls the use of fertilizers and
pesticides.
•
23. The landscape plan shall place heavy emphasis on
the use of drought- resistant native vegetation,
and be irrigated with a system designed to avoid
surface runoff and overwatering.
24. That live entertainment shall be restricted to
individuals or , small groups. The use of
percussion or amplified instruments is prohibited.
25. That live entertainment shall be restricted to the
hours between 8:00 p.m. and 2:00 a.m., Monday
through Thursday; and the hours of 4:00 p.m. and
2:00 a.m., Friday through Sunday. No dancing
shall be permitted unless an amended use permit is
approved by the Planning Commission.
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Request to establish a restaurant facility with on -sale Item #2
alcoholic beverages and live entertainment in the C -1
District. A modification to the Zoning Code is also
requested so as to allow the use of tandem parking
spaces on -site in conjunction with a valet parking
service. The proposal also requests the acceptance of
an offsite parking agreement for a portion of the
required parking spaces on property located at 702 -704
USE PERMIT
Fernleaf Avenue in the R -2 District. Parking NO. 3.015
attendants will be provided to park automobiles of
restaurant patrons on the on -site and off -site parking
lots.
LOCATION: Lot 1, Block N, Tract No. 323, located
at 2800 East Coast Highway, on the
northeasterly corner of East Coast DENIED
Highway and Goldenrod Avenue, in Corona
del Mar.
•
I I I I I I I APPLICANTS: Costa Mesa and Bill Greggs,
OWNER: Ernest George, Newport Beach
The public hearing opened in connection with this item
and Mr. Zachary Sham, architect for the project,
appeared before the Commission. Mr. Sham stated that
they are proposing a French restaurant to operate at
this location. He stated that the building has been
vacant for over one year which is located in downtown
Corona del Mar. He stated that a restaurant use would
generate less traffic' than other uses which. could
utilize the building, such as a bank operation which
would not even require a use permit. He stated that
they are proposing the use of a valet operation which
will utilize an off -site parking lot on Fernleaf
Avenue.
Mr. Sham stated that they realize the conflicts which
are associated with existing C -1 zoned properties
located adjacent to existing R -2 zoned properties. He
. stated that they are willing to resolve these problems
which will benefit both the community and the
applicant.
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Mr. Chriss Street, resident of 691 Heliotrope Avenue,
and member of the Community Congregational Church,
appeared before the Commission. Mr. Street expressed
his concern that the proposed restaurant will be
located only 43 feet from an existing church use and
will not be consistent with the existing neighborhood.
He recommended that the applicants for the proposed
restaurant meet with the members of the church to
discuss their proposal.
Mr. Mike Issacs, representing Realonomics Corporation,
which manages property located at 2816 East Coast
Highway, appeared before the Commission. He stated
that they are strongly opposed to the proposed
restaurant use because of the traffic and parking
congestion which it will create. He also expressed his
concern with the location of the off -site parking lot
and the absence of an adequate trash removal plan.
• Mr. John Boyd, representing the owner of property
located at 612 Goldenrod Avenue, stated their
opposition to the proposed project. Mr. Boyd stated
that the traffic and parking problems which this
proposal will generate have not been adequately
answered.
Mr. Warner Bordier, property owner of 63.1. and 701
Goldenrod Avenue, stated his opposition to the proposed
request. Mr. Bordier expressed his concern with the
safety factors of the parking area and the use of the
alley. He stated that the alley at this location has a
blind corner which leads onto a very narrow street. He
also expressed his concern with the traffic signal at
Goldenrod Avenue which he stated is very confusing. He
stated that even persons who live in the area are still
confused by this traffic signal.
Mr. Keith Dawson, resident of 721 Goldenrod Avenue,
stated his opposition to the proposed request. He
expressed his concern with the proposed valet operation
and stated persons who do not wish to utilize the valet
parking will park their cars on the street. He stated
• that there is currently not enough parking spaces on
the street to handle the residents of the area.
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Mr. Andrew Cyga, resident of 614 Goldenrod, stated his
opposition to the proposed request. He asked how the
valet parking requirement will be enforced, in
particular, during the summer months, when the parking
situation in Corona del Mar is at a premium. He
further asked how the delivery trucks for the
restaurant will make their deliveries and turn around
in the small parking lot and where the trash refuse
from the proposed use will be situated.
Mr. Richard Nichols, President of the Corona del Mar
Community Association, distributed to the Commission
his letter dated January 20, 1983, outlining their
objections to the proposed request, which included
concerns relating to increased traffic, parking
problems, close proximity to a residential area, and
objections to the proposed entertainment and lounge.
Mr. Nichols further stated that the delivery trucks
will not be able to make a right turn into the alley
for access into the parking lot.
Mrs. Peggy Hillis, resident of 704 Goldenrod Avenue,
and spokesperson for approximately 15 other residents
of the area, stated their opposition to the proposed
request. Mrs. Hillis expressed their concern that
children must travel this street to attend school. She
stated that the street is already congested with
traffic and parking problems. She stated that the
existing building was over -built for the area when it
was originally constructed and that the underground
parking area floods when it rains. She requested that
the existing building be utilized for the purpose for
which it was originally intended, that of office space.
Mr. Larry Weichman, real estate broker involved in the
proposed transaction, appeared before the Commission.
Mr. Weichman stated that a portion of the restaurant
would be closed during the morning and afternoon hours
and only the on -site parking would be utilized.
Therefore, he stated that the proposed restaurant use
would not generate as much traffic or parking
congestion during the day as a bank or office use. He
stated that the off -site parking lot would only be
utilized after 6:00 p.m.
•
-16-
MINUTES
INDEX
January 20, 1983
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Mr. Weichman stated that the blind corner which was
mentioned earlier, is an inherent problem with the
building and would be a problem for any business
utilizing the building. He stated that it is possible
for delivery trucks to park on the property and that
proper scheduling of same will eliminate any congestion
problems. He further stated that there is room
underneath the building for the dumpsters to be
located.
Chairman King stated that off -site parking would not
required for the building if it were to be utilized as
intended, that of office space. Therefore, he stated
that the blind corner becomes a greater issue when the
use of an off -site parking lot is proposed for the
restaurant use. He further stated that a sizeable
delivery truck parked on the site would block a portion
of the public sidewalk.
• In response to a question posed by Mr. Weichman,
Planning Director Hewicker stated that the building was
originally constructed for use as an office building.
He stated that an office use at this location would not
be required to obtain a use permit from the Planning
Commission.
Mr. Weichman stated that the typical high rents in the
Corona del Mar area require that a business must
generate sufficient income to afford the rent of the
building. He stated that typical rents in the area
range from $1.25 to $2.50 per square foot. Therefore,
he stated that a high income producing business, such
as the proposed restaurant, would be ideal for this
location.
Chairman King referred to the proposed limited lunch
hour of the restaurant and asked where the employees of
the restaurant will be parking during the day. He
further stated that parking on the adjacent street is
restricted two times during week due to the street
sweeping operation. Mr. Weichman stated that only a
portion of the restaurant will be open during the
morning and afternoon hours in order to conform with
the City's parking requirements
• IIIIIIII 1 -17-
MINUTES
INDEX
•
STRAW VOTE
Ayes
Noes
rnNV��
January 20, 1983 MINUTES
m. 3 City of Newport Beach
Chairman King stated that existing businesses in the
area utilize the adjacent streets for parking. He
stated that proposed projects in this area must begin
to accommodate all of their patrons as well as their
employee parking requirements.
Mr. Weichman suggested that the item be continued so
that the applicant can work with the City in resolving
the concerns which have been addressed. He further
stated that the in order to cover the overhead of the
building, it is necessary for the restaurant to be open
during the day.
Commissioner Balalis stated that the residents of the
area are opposed to more cars parking on the
residential streets, therefore he suggested that
perhaps the parking lot immediately across the street
on Goldenrod Avenue could be utilized as an off -site
parking area. He suggested that the applicant explore
this possibility.
Commissioner Balalis stated that the hours of operation
are also a concern of the residents who live
immediately adjacent to the proposed restaurant. He
further stated that the issue of the delivery trucks
and scheduling of same must be resolved.
Commissioner McLaughlin suggested that a straw vote be
taken on this item. She stated that she could not vote
in favor of such a project when considering the
elementary school children who must travel this area
and the proposal for a bar area.
Commissioner Kurlander concurred with Commissioner
McLaughlin. He stated that the proposed valet parking
and the stacking of the vehicles and the pick -up of the
vehicles will create a tremendous problem. He further
stated that it would be impossible to make adequate
deliveries to the proposed restaurant because of the
narrow street and alley and small parking area.
xllII Straw vote was taken to determine if there was
X sufficient support of this item from the Commission and
R g g its continuance, so that the applicant can further
address the concerns which have been expressed, which
STRAW VOTE FAILED.
5Y.2
INDEX
January 20, 1983
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Chairman King stated that when considering that the
building has been vacant for over one year, the owner
of the building should consider reducing the rent or
percentage of profit so that the building can be
utilized for the purpose which it was intended, that of
office space.
Motion X Motion was made for denial of Use Permit No. 3015,
All, Ayes X X X X X subject to the following findings, which MOTION
CARRIED:
FINDINGS:
1. That the establishment of a restaurant on the
subject property represents a use of greater
intensity than the office use originally planned
for the subject building without the benefit of
adequate off - street parking.
• 2. That the proposed restaurant will generate more
traffic than a typical office use for which the
building was originally designed.
3. That the use of valet service is unacceptable,
inasmuch as there is inadequate space on the
subject property for the safe pickup and delivery
of vehicles on the site.
4. That the location of the proposed off -site parking
area, will result in an increase of commercial
traffic in a residential area during late night
and early morning hours.
5. That the use of off -site parking in this
particular case will create undue traffic hazards
in the surrounding area.
6. That approval of Use Permit No. 3015 will, under
the circumstances of the particular case, be
detrimental to the health, safety, peace, morals,
comfort, and general welfare of persons residing
or working in the neighborhood and be detrimental
or injurious to property and improvements in the
• neighborhood or the general welfare of the City..
x a
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MINUTES
INDEX
�urnmt »� MINUTES
January 20, 1983
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ROLL CALL INDEX
The Planning Commission recessed at 9:10 p.m. and
reconvened at 9:20 p.m.
Request to construct a two unit residential condominium
complex and related off - street parking spaces in the
R -4 District.
AND
Request to create one parcel of land for residential
condominium purposes where portions of two lots now
exist.
• LOCATION: Portions of Lots 15 and 16, Block 4,
Balboa Tract, located at 408 East Ocean
Front, on the northerly side of East AND
Ocean Front between Adams Street and
Coronado Street, on the Balboa
Peninsula.
ZONE: R -4 Item #4
APPLICANT: Oceanfront Views, Redlands
OWNER: Mamie C. Bradford Trust, Woodland Hills
Agenda Items No. 3 and 4 were heard concurrently due to
their relationship.
The public hearing opened in connection with these
items and Mr. Denise Cherry, architect for the project,
appeared before the Commission and requested approval
of these items.
In response to a question posed by Planning Director
Hewicker, Mr. Cherry stated that the bedroom on the
garage level is independently accessible from the
• garage area, as well as the other unit.
-20-
RESUB-
DIVISION
NO. 738
BOTH
APPROVED
CONDI-
TIONALLY
FINDINGS:
1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
2. The project will comply with all applicable
standard plans and zoning requirements for new
buildings applicable to the district in which the
proposed project is located at the time of
approval.
3. The project lot size conforms to the Zoning Code
requirements in effect at the time of approval.
4. The project is consistent with the adopted goals
• and policies of the General Plan.
5. That adequate on -site parking spaces are available.
for the proposed residential condominium
development.
6. The establishment, maintenance or operation of the
use or building applied for will not, under the
circumstances of the particular case, be
detrimental to the health, safety, peace, comfort
and general welfare of persons residing or working
in the neighborhood of such proposed use 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.
2. That one tandem parking space and one accessible
parking space shall be provided for each dwelling
unit.
• 3. That all conditions of approval of Resubdivision
No. 738 be fulfilled.
-21-
MINUTES
INDEX
January 20, 1983
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D
City
of Newport Beach
ROLL CALL
Motion
X
Motion
was made for approval of Use Permit No. 3016,
Ayes
X
X
X
subject
to the following findings and conditions, which
Noes
'X
X
MOTION
CARRIED:
FINDINGS:
1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
2. The project will comply with all applicable
standard plans and zoning requirements for new
buildings applicable to the district in which the
proposed project is located at the time of
approval.
3. The project lot size conforms to the Zoning Code
requirements in effect at the time of approval.
4. The project is consistent with the adopted goals
• and policies of the General Plan.
5. That adequate on -site parking spaces are available.
for the proposed residential condominium
development.
6. The establishment, maintenance or operation of the
use or building applied for will not, under the
circumstances of the particular case, be
detrimental to the health, safety, peace, comfort
and general welfare of persons residing or working
in the neighborhood of such proposed use 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.
2. That one tandem parking space and one accessible
parking space shall be provided for each dwelling
unit.
• 3. That all conditions of approval of Resubdivision
No. 738 be fulfilled.
-21-
MINUTES
INDEX
January 20, 1983
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Motion X Motion was made for approval of Resubdivision No. 738,
Ayes X X X X subject to the following findings and conditions, which
Noes X MOTION CARRIED:
FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances of
the City, all applicable general or specific plans
and the Planning Commission is satisfied with the
plan of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
I I I I I I I 3. That the design of the subdivision or the proposed
improvements will not conflict with any easements,
acquired by the public at large, for access through
• 11 1 1 1 1 1 or use of, property within the .proposed
subdivision.
1]
CONDITIONS:
1. That a parcel map be filed.
2. That all improvements be constructed as required by
ordinance and the Public Works Department.
3. That each unit be served with individual water
services and sewer laterals unless otherwise
approved by the Public Works Department.
4. That the proposed drive be paved to join the
existing concrete alley prior to finaling the
building permit.
r t
-22-
MINUTES
INDEX
t_Uf"/V n"NtK3 MINUTES
January 20, 1983
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ROLL CALL I I I I I I IINM
General Plan Amendment 81 -2 (Public Hearinq)
Request to amend the Land Use, Residential Growth, and
Recreation and Open Space Elements of the Newport Beach
General Plan and the acceptance of an environmental
document.
CALTRANS WEST
LOCATION: Northwesterly corner of West Coast NO. 81
Highway and Superior Avenue (as
realigned).
GENERAL PLAN: Recreational and Environmental Open
Space - AND
ZONE: - O -S (Open Space) District -
• PROPONENT: State of California, Department of
Transportation AMENDM
TO THE
FIFTH AVENUE PARCELS -
LOCATION: A: Westerly of Marguerite Avenue between.
5th Avenue and Harbor View Drive.
B:, Northerly of 5th Avenue between
Marguerite Avenue and Buck Gully.
C: Along the eastern City boundary between
5th Avenue and San Joaquin Hills Road.
GENERAL PLAN: Low Density Residential and Recreational ALL
and.Environmehtal Open Space. - CONTINUED
TO FEBRU-
ZONE: R -1 -B (Single Family with B combining) ARY 10,
District - - - 1983
PROPONENT: The Irvine Company
• 11111111 -23
•
Lvr ^^ MINUTES
January 20, 1983
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INDEX
BIG CANYON AREA 16
LOCATION: Southwesterly of MacArthur Boulevard and
Ford Road.
GENERAL PLAN: Recreational and Environmental Open
Space.
ZONE: P -C (Planned Community) District
PROPONENT: The Irvine Company
NEWPORT CENTER - BLOCK 400
LOCATION: Northeasterly. of Newport Center Drive
East and San Miguel Drive.
GENERAL PLAN: Administrative Professional, and
Financial Commercial
ZONE: C -O -H (Commercial) District
PROPONENT: Newport Center Medical Buildings
CAMPUS DRIVE
LOCATION: Area bounded by MacArthur Boulevard,
Birch Street, Orchard Avenue, and Campus
Drive /Irvine Avenue.
GENERAL PLAN: General Industry, Administrative
Professional and Financial Commercial,
.and Retail and Service Commercial.
ZONE: M -1 -A (Industrial) District, A -P
(Administrative, Professional) District,
and C -1 (Commercial) District.
PROPONENT: The City of Newport Beach
INITIATED BY: The City of Newport Beach
-24-
MNUSSIC)NtKS MINUTES
January 20, 1983
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INDEX
M
Amendment No. 2 to the Newport Beach Local Coastal
Program (Public Hearing)
Request to amend the Land Use Plan of the Newport Beach
Local Coastal Program for the Caltrans west site.
LOCATION: Northwesterly corner of West Coast
Highway and Superior Avenue (as
realigned)
LCP: Recreational and Environmental Open
Space
ZONE: O -S
PROPONENT: State of California, Department of
• Transportation
INITIATED BY: The City of Newport Beach
Chairman King opened the public hearing and testimony
was taken on the following items:
CALTRANS WEST CALTRANS
WEST
Planning Director Hewicker advised the Commission that
the State of California, Department of Transportation
has requested that the Caltrans West portion of Item
No. 5 .- General Plan Amendment 81 -2 and Item No. 6 -
Amendment No. 2 to the Newport Beach Local Coastal
Program, be continued to the Planning Commission
Meeting of February 10, 1983.
Motion X Motion was made to continue the Caltrans West portion
All Ayes X X X X X of General Plan Amendment 81 -2 and Amendment No. 2 to
the Newport Beach Local Coastal Program, to the
Planning Commission Meeting of February 10, 1983, which
MOTION CARRIED.
• IIIIIIII -25-
January 20, 1983
x
MINUTES
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FIFTH AVENUE PARCELS
INDEX
Mr. Ronald Kennedy appeared before the Commission.and
stated that the staff report indicates that there are
no neighborhood or view parks shown on the Marguerite
Avenue Parcel. However, he referred to an exhibit in
the General Plan Amendment document and stated that a
neighborhood park is indicated in Area A. He further
stated that the Open Space Element designates all of
Area A as a neighborhood park. Actually, he stated
that the area is not a neighborhood park, but is shown
as a greenbelt. He stated that perhaps this is a
portion of the Jasmine Creek greenbelt.
Mr. Kennedy referred to Area A and stated that in
visiting the site, he noticed that there was a great
amount of fill on the site. He stated that the use of
this fill has changed the topography of the land and
questioned as to whether geotechnical work -ups or
permits were issued prior to the fill being placed on
• the site. He further questioned if this would be
considered a buildable site, or if any view planes
would be affected because of the use of the fill.
In response to a question posed by Mr. Kennedy,
Planning Director Hewicker stated that there is an
inconsistency between the various elements of the
General Plan and how the property is designated on each
of the elements. He stated that the last action taken
by the City was to designate the property as low
density residential at four dwelling units per acre.
He stated that this was accomplished in General Plan
Amendment No. 79 -1.
In response to a question posed by Mr. Kennedy,
Chairman King stated that the fill which occurs on the
top portion of the site would be redistributed on the
site to allow for construction without view plane
blockage. Mr. Kennedy questioned where the real
terrain in this area begins and where the fill area
begins.
In response to a question posed by Mr. Kennedy, Mr.
Robert Lenard, Advance Planning Administrator, stated
that the neighborhood park designation was not deleted
under General Plan Amendment No. 79 -1 for the Fifth
• Avenue parcel. Chairman King suggested that the staff
provide this information in the form of a map for the
next hearing.
-26-
I I January 20, 1983
MINUTES
City of Newport Beach
INDEX
Mr. Kennedy questioned if there is a proper amount of
park dedication being provided. He also expressed his
concerns with the lot size of the parcels and the
boundaries of the Harbor View area.
Dr. Brenda Ross, Chairman for the Long Range Planning
Commission for Oasis, appeared before the Commission.
Dr. Ross stated that they are desirous of expanding the
scope of Oasis to include a geriatric health education
and daycare center. She stated that they are currently
in the process of raising money for a study to
determine the actual need. However, she stated that
if all of the land around the Oasis area is developed
with housing, there will be no space for Oasis to
expand in the future.
Dr. Ross stated that there are currently 2,700 active
members in Oasis, with a potential of 15,000 members in
the area of Newport Beach. She stated that programs
• for Oasis are expanding rapidly, including a lecture
series. She requested that this item be scheduled
first on the agenda at the next meeting so that the
members of Oasis could address the Commission on this
issue and express their concerns.
In response to a question posed by Commissioner
Winburn, Dr. Ross stated that ideally, they would like
to expand the facility on the same side of the street
as the current facility. However, she stated that they
would be willing to consider expansion across the
street or in the Corona del Mar area.
Mr. Edward. Ashley, representing the Jasmine Creek
Community Association and resident of 110 Jasmine Creek
Drive, appeared before the Commission. He expressed
their concerns with the protection of the views,
particularly those residences which are located
directly across Harbor View Drive. He requested that
the views be protected and preserved in this area.
Planning Director Hewicker stated that concerns with
view protection can be addressed in the General Plan
Amendment. He stated that The Irvine Company has
prepared exhibits and is prepared to discuss their
• conceptual plans for the development of the property,
which may alleviate the concerns relating to view
protection. However, he stated that potential view
impacts are impossible to define at this level of
planning.
-27-
January 20, 1983
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m City of Newport Beach
Mr. Lloyd Crausy, President of the Harbor View Hills
Homeowners Association South, appeared before the
Commission. He expressed their concern with the
protection and preservation of views over Parcels A and
B. He further stated that the maintenance of sensitive
habitats should not take precedence over the
preservation of views, but rather that both should be
given equal protection.
Mr. Larry Wesoff, member of the Harbor View Hills
Homeowners Association South, appeared before the
Commission. He stated that he has received many
telephone calls from persons who.are concerned with the
view protection from Sandcastle Drive. He stated that
if the dedicated parks remain, the view would be
protected. He stated that the persons residing in the
Harbor View Hills area are willing to work with The
Irvine Company in attempting to resolve these concerns
• and protect their views.
Mr. Richard Nichols, President of the Corona del Mar
Community Association, appeared before the Commission.
Mr. Nichols stated that the ownership of Parcel A is
not clear and that the dedication of a greenbelt is
also not clear. He stated that this particular piece
of property has not been taken care of by either the
City or The Irvine Company. He requested that the
legal status of the property be determined before the
area is rezoned.
Mr. Nichols referred to Parcel B and stated that the
EIR indicates the parks for Corona del Mar as Grant
Howald Park and Lawn Bowling Park. He stated that
the Lawn Bowling Park is not accessible and that it is
not big enough. He stated that because of ownership
problems, the youth center in Grant Howald Park can riot
be repaired. He expressed his concern that if the
school were to sell its interest in the Grant Howald
Park, it is possible that Corona del Mar would have no
parks to serve its residents. He further stated that
the Oasis facility should be given every opportunity to
• expand its use.
-28-
MINUTES
INDEX
January 20, 1983
3 X
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City of Newport Beach
Mr. Nichols referred to Parcel C and stated that this
is undeveloped, heavily sloped land. He stated that
considerable funds will be needed to maintain this
parcel. He stated that they do not mind this parcel
being undeveloped, but suggested that The Irvine
Company maintain the parcel.
Mr. Nichols stated that The Irvine Company has
indicated the need for a road, namely Canyon Crest
Road. He stated that such a road would definitely
bypass the traffic of Coast Highway and be a benefit to
the local traffic.
Mr. Nichols stated that the association is not prepared
to make a decision as yet on the proposed plans of The
Irvine Company, however, he stated that the plans have
been well thought out. He emphasized that park land is
• needed in the area, rather than more in -lieu park fees.
He stated that there are also no soccer or ball fields
which are located on Parks, Beaches and Recreation
property adjacent to Corona del Mar. He suggested that
perhaps filling in the Jasmine Creek area may be a
possibility.
Commissioner Allen stated that the Parks, Beaches and
Recreation Commission is launching a study of the
City's Open Space Element. She stated that as a part
of this study, they will probably be discussing park
land dedication versus in -lieu park fees. She
suggested that the interested residents from Corona del
Mar should participate in this study.
Commissioner McLaughlin asked if The Irvine Company is
proposing the development of Canyon Crest.Road. Mr.
Bernard Maniscalco, representing The Irvine Company,
stated that The Irvine Company is not proposing the
development of Canyon Crest Road. He stated that
Canyon Crest Road was taken off of the transportation
plan by both the City and the County, because it was
felt that Pelican Hills Road would be a better bypass.
• IIIIII11 -29-
MINUTES
INDEX
January 20, 1983
3 �
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Mr. Ron Fowler, resident of 408 Mendoza Terrace,
appeared before the Commission and expressed his
concern with the sensitive wild life area in and around
Buck Gully. He requested that only the upper portion
of Buck Gully be considered for development and that
the lower portion be protected.
BIG CANYON AREA 16
No comments were received regarding this item.
NEWPORT CENTER - BLOCK 400
Mr. Frank Rhodes, resident of 1417 East Bay and
representing Newport Center Medical Buildings, Inc.,
• appeared before the Commission. Mr. Rhodes presented a
rendering of the project which depicted the proposed
seven - story, 80,000 square foot medical office building
and the existing surrounding uses. He also discussed
the parking proposal and stated that the traffic which
the use will be generating, will be spread out
throughout the day.
Chairman King stated that the patron traffic may be
spread out during the day, but that the staff and
doctors will be generating traffic during the peak
hours. Mr. Rhodes stated that in comparison with the
floor area, the staff of a medical office use is
significantly smaller than that of a general office
use and therefore, will be creating less_ peak hour
traffic. He stated that the traffic which is created
by a medical office use is that of the patients who are
coming and going during the day.
Mr. Richard Nichols, resident of 519 Iris Avenue,
appeared before the Commission and - stated that he is
not taking a position on the proposed project. Mr.
Nichols expressed his concern that specific proposals
are now being considered which will increase the
density in Newport Center. He stated that either all
of Newport Center should be specifically zoned, or it
should be handled as a Planned Community, including
traffic concerns for the entire Newport Center.
-30-
MINUTES
INDEX
BIG
CANYON
AREA 16
NEWPORT.
CENTER -
BLOCK 400
January 20, 1983
f m S w
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Planning Director Hewicker stated that the property is
not zoned as a Planned Community, it is zoned C-0-H,
which is a Commercial District. He stated that this
particular proposal was presented to the Planning
Commission and the City Council under General Plan
Amendment No. 80 -3, which also included The Irvine
Company and the Marriott Hotel proposals. He stated
that at that time, Mr. Rhodes indicated that in his
lease and financial arrangements with The Irvine
Company, he was paying for development rights in Block
400 which were apparently not recognized by the City
when General Plan Amendments 78 -2 and 79 -1 were being
processed. Therefore, he stated that Mr. Rhodes was
instructed by the City to bring the proposal back at a
subsequent date and make his presentation on an
individual basis.
Commissioner Balalis stated that until General Plan
Amendment 80 -3, he was not aware that any development .
rights existed in Block 400 which were not counted in
• the overall square footage for Newport Center.
Planning Director Hewicker stated that the purpose of
the amendment is to restore the rights of Mr. Rhodes to
build 80,000 square feet of office development in Block
400, not to give The Irvine Company an additional
80,000 square feet. He stated that unless the 80,000
square feet of office development is taken out from
some other place in Newport Center, the office
development square footage in Newport Center will
increase.
In response to a question posed by Commissioner
Balalis, Planning Director Hewicker stated that he is
not aware of any documentation which indicates the
development rights of Mr. Rhodes and his agreement with
The Irvine Company.
Commissioner Balalis asked if The Irvine Company was
aware that Mr. Rhodes had these development rights.
Mr. Rhodes stated that at the time The Irvine Company
was 'processing General Plan Amendment 80 -3, he was
advised that he was considered as a separate property
owner and that only the property which The Irvine
Company had control of in Newport Center was being
processed. He stated that because, he had a long term
• lease with The Irvine Company, he was advised to
process his proposal separately.
-31-
MINUTES
INDEX
January 20, 1983
X
m w. City of Newport Beach
Mr. Rhodes stated that the City was advised of these
facts in the beginning of General Plan Amendment 80 -3.
He stated that this proposal was not processed at that
time, because the environmental documentation would
have delayed General Plan Amendment 80 -3. However, he
stated that this proposal was recognized by the City
Council in the processing of General Plan Amendment
80 -3 and that there were development rights to this
property. He stated that they have the earliest
development rights in Newport Center which date back to
1966.
In response to a question posed by Commissioner
Balalis, Mr. Rhodes stated that he has recorded leases
with The Irvine Company which document these property
rights.
Commissioner Balalis stated that when the original
square footage limitations were placed on Block 400,
• this 80,000 square feet should have been included as
allowable square footage. He asked what is the
permitted development in Block 400, under the existing
General Plan.
Mr. Rhodes stated that at the time they entered into
the contractural agreements with The Irvine Company for
this property, the square footage was included. He
stated that subsequent to that time, through General
Plan Amendments 78 -2 and 79 -1, this square footage was
taken away, .without his knowledge. He stated that he
had relied upon The Irvine Company to protect his
development rights.
Planning Director Hewicker stated that when the City
Council initiated the reduction of square footage in
Newport Center under General Plan Amendments 78 -2 and
79 -1, figures were developed as to the existing square
footage and what was permitted. He stated that since
there were already four buildings fully developed and a
parking lot, it was determined that a zero amount of
development would be permitted in the future. He
stated that currently, there are 353,600 square feet of
medical and general office uses existing in Block 400.
• I I ( ( I I I I Mr._ Rhodes reiterated that he was never notified or
made aware that the square footage for his development
had been taken away by the previous General Plan
Amendment actions.
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MINUTES-
INDEX
1
January 20, 1983
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CAMPUS DRIVE
Mr. David Neish, representing MacArthur Associates,
appeared before the Commission and requested that their
particular parcel be removed from the Campus Drive area
of the General Plan Amendment. He stated that they are
currently embarking upon a planning program which will
call for the redevelopment of the subject property, in
which several mixed land use alternatives will be
explored. Therefore, he requested that a decision on
this particular parcel be delayed, until they can
submit a specific site plan review within the next six
to, eight months. He stated that a site plan review
will provide the type of analysis in which the request
can be judged upon the merits of the proposal.
Mr. Neish stated that the existing zoning in the area
allows for a 3.0 floor area ratio, as opposed to the
0.5 floor area ratio which is being proposed by staff.
. He stated that they would not propose a project at the
existing 3.0 floor area ratio, however, he stated that
the proposal would be greater than the proposed 0.5
floor area ratio. He stated that they are willing to
commit the project to a site plan review by the
Planning Commission. He stated that under the present
zoning standards, they would not necessarily have to do
this.
In response to a question posed by Commissioner
Balalis, Planning Director Hewicker stated that the
current floor area ratio in this particular area is at
.34 times the buildable area. Planning Director
Hewicker stated that staff has proposed a 0.5 floor
area ratio, but that the Planning Commission can adopt
a higher or lower figure.
Mr. Neish stated that the proposed 0.5 floor area ratio
is not acceptable. He also stated that development of
the area at the existing 3.0 floor area ratio would
definitely create problems for the area. He stated
that the Koll and Emkay parcels were developed at floor
area ratios in the range of .35, but are parcels which
are owned by one entity and were developed when the
parcels were vacant. He stated that the property in
• question is mainly leasehold land and has already been
developed, therefore making the proposed 0.5 floor area
ratio unacceptable.
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Mr. Neish stated, that from a marketing standpoint, the
proposed 0.5 floor area ratio will discourage a lessee
or landowner from acquiring additional parcels which
may be located adjacent to their uses.
In response to a question posed by Chairman King, Mr.
Neish stated that the parcel in question contains
approximately 3.1 acres of land and is located at the
southwesterly intersection of MacArthur Avenue and
Birch Street.
Mr. Dave Montano, representing Air Cal, located at 3636
Birch Street, appeared before the Commission. He
stated that the proposed floor area ratio will restrict
future development in the area. Chairman King stated
that the new facility for Air Cal which would be
located on the east side of Birch Street is outside of
the zone which is being considered under the General
Plan Amendment and that the original Air Cal facility
• is located within the area which is being considered.
Mr. Steven Strauss, Vice - President of Pacesetter Homes,
appeared before the Commission. Mr. Strauss described
the parcels which they own or lease that will be
affected by the proposed General Plan Amendment. Be
stated that the conditions of the Traffic Phasing
Ordinance would make it impossible to construct a
building in this area at the current maximum of 3.0
floor area ratio. Further, he stated that Campus Drive
has height restrictions for a navigation easement which
are imposed by the Federal Aviation Administration. He
stated that the land in this area is held by small
property owners, many. of which have leases with The
Irvine Company. Therefore, Mr. Strauss stated that
there is no .rush to act upon the General Plan
Amendment.
Mr. Strauss stated that a low buildable area
restriction will discourage people from the long -term,
financial commitment of combining lots and upgrading
the properties. He suggested that the Commission
impose a maximum area restriction with moderate zoning
which gives control over setbacks, building sizes,
traffic generation, and so on. He stated that the
• applicant can then attempt. to mitigate the problems
which may be encountered. He stated that the proposed
0.5 floor area ratio will discourage people from
upgrading their properties.
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In response to a question posed by Commissioner
Balalis, Mr. Strauss stated that a 0.5 floor area ratio
will become 0:3 or 0.2, after the setbacks and other
restrictions have been applied.
Planning Director Hewicker stated that if the floor
area ratio reduction is approved in the General Plan
Amendment, the zoning district on the property will be
amended to impose the same type of floor area ratio.
Mr. Strauss stated that with proper zoning procedures
and site plan approval, a project at 1.5 times the
buildable area may be appropriate for this area.
Otherwise, he stated that redevelopment, which is
needed to upgrade the area, will not occur.
I I ( I I ( In response to a question posed by Commissioner Goff,
Mr. Strauss stated that they currently have the
• approval for a 53,000 square foot building on a 116,000
square foot parcel, which is below the floor area ratio
of 0.5. Mr. Strauss stated that their concern is not
with this project, but with future projects in the
area. He expressed his concern that the declining
industrial areas of the City need to be redeveloped
with higher and better uses.
Mr. Robert Burnham, Acting City Attorney, stated that
an environmental document must address the worse case
situation and maximum build out which would be
permitted. He stated that to the extent that the
proposal is increased above the 0.5 floor area ratio,
the additional impacts must be addressed in the
environmental document. Planning Director Hewicker
stated that in reality, the likelihood of the worse
case situation ever occurring, is almost non - existent.
Mr. Don Lewis of 4301 Birch Street, appeared before the
Commission. Mr. Lewis stated that imposing the
proposed restriction is unfair and is not practical.
He stated that there are already many zoning
restrictions which are imposed on projects, and one
more restriction is not needed. He stated that it is
• most unlikely that any of the properties could be built
with the maximum 3.0 floor area ratio.
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ROLL CALL
January 20, 1983
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Chairman King requested that staff take an inventory of
the number of developments in the area of Campus Drive
which have been upgraded or remodeled. For example,
the Koll Development Building and the building on the
corner of Birch Street and Bristol Street.
Commissioner Winburn referred to the Fifth Avenue
Parcels and requested that information be provided as
to the status of the Parks, Beaches and Recreation
Commission review of the Recreational /Open Space
Element.
Commissioner Balalis referred to the Fifth Avenue
Parcels and requested that the ownership of Parcel A be
clarified.
Chairman King referred to the Fifth Avenue Parcels and
requested the most recent, approved map of the location
of the greenbelts and open space in this area.
• Commissioner Balalis referred to Newport Center - Block
400 and requested clarification of the 80,000 square
foot issue.
Mr. Burnham referred to the Campus Drive item and
stated that the City Attorney's Office will prepare a
legal opinion as to the request by Mr. Neish to exempt
one particular parcel of this item. Mr. Neish
suggested that perhaps the Commission could defer
comment on this parcel for six to eight months, rather
than exempting the parcel from the item.
In response to a question posed by Commissioner Goff,
Mr. Burnham stated that it is not possible to defer one
item from consideration, because the environmental
document must be processed as one document.
Mr. Ronald Kennedy stated that for a variance, it is
required that persons residing within 300 feet of the
application must be notified. He questioned why
persons are not notified of general plan amendment
hearings. Planning Director Hewicker stated that
notices for all general plan amendment hearings are
advertised in the newspaper. He further stated that
the community and homeowners associations are notified,
• as well as all persons who have expressed an interest
in the item.
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Motion X j I I Motion was made to continue General Plan Amendment 81 -2
All Ayes X X X X and Amendment No. 2 to the Newport Beach Local Coastal
Program, to the Planning Commission Meeting of February
10, 1983, so that the staff can compile the requested
information.
ADDITIONAL BUSINESS
Newport Center Sight Plane.
Planning Director Hewicker referred to the staff report
which was prepared on this item and presented
background information.
• Mr. Clark Hayes, resident of 1106 Goldenrod Avenue and
member of the Harbor View Hills Community Association,
appeared before the Commission. Mr. Hayes stated that
since the passage of the Sight Plane Ordinance in 1973,
the Association has had various discussions with The .
Irvine Company on this issue. He stated that on one.
occasion, the board members of the Association reviewed
with The Irvine Company, the planting of trees on
Newport Center Drive. He stated that this was done to
ensure that there would be no infringement upon the
sight plane.
Mr. Hayes stated that. during the processing of the
General Plan Amendment for Civic Plaza *and Corporate
Plaza, the overall sight plane was lost and only the
sight plane for Corporate Plaza was covered. He stated
that the full sight plane was included by the City
Council in the passage of General Plan Amendment 80 -3.
However, he stated that General Plan Amendment 80 -3 was
removed by the referendum. Therefore, Mr. Hayes
requested that the Zoning Ordinance be amended to
include the full sight plane as originally intended.
I I I I j Mr. Dave Dmohowski, representing The Irvine Company,
Istated that it would be inappropriate at this time to
institute any change in the zoning on this property.
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Mr. Dmohowski requested that consideration of this item
be postponed until such time as development plans for
the property can be made available for the Planning
Commission's review.
Commissioner Allen suggested that this item be
scheduled for a public hearing so that the sight plane
issue can be heard.
Commissioner Balalis stated that the sight plane issue
was discussed in General Plan Amendment 80 -3. He
stated that at that time, The Irvine Company had
basically agreed to the sight plane. Mr. Dmohowski
stated that they are requesting that this item be
postponed until such time as development plans for the
property can be made available.
Commissioner Balalis asked Mr. Dmohowski if they are
requesting that the sight plane be established at the
• time of any development in the area or for those
developments in which the sight plane would be
affected. Commissioner Balalis stated that obviously,
the sight plane should be established before the first
development occurs. Mr. Dmohowski stated that upon the
submission of development plans, the height issue will
have to be determined. He stated that it is inevitable
that there will be height restrictions to protect the
view plane.
Commissioner Goff asked Mr. Dmohowski if it would be to
his advantage to know the sight plane restrictions on
development,in the area before the development plans
are submitted. Mr. Dmohowski stated that they
understand now what the affects of the sight plane
would be on their properties. However, he stated that
they are objecting to a further encumbrance in terms of
zoning regulations on these properties.
Commissioner McLaughlin asked staff if the Planning
Commission will have the ability to impose sight plane
restrictions on any development. Planning Director
Hewicker stated that all of the properties in question
are zoned Planned Community and would require
• discretionary review by the Planning Commission and
City Council.
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ROLL CALL
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Commissioner Balalis requested information from the
staff relating to what is being accomplished when a
sight plane is established on a piece of property that
can not be developed without further discretionary
review by the City. Furthermore, Commissioner Balalis
requested information regarding whether the
establishment of height limitations would determine the
number of floors that could be developed on a site.
Motion X Motion was made to set for public hearing on February
Ayes JxJX X X X 24, 1983, an amendment to the Zoning Ordinance relating
Noes to the Newport Center Sight Plane, which MOTION
CARRIED.
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I I I I I There being no further business, the Planning
1 Commission adjourned at 11:20 p.m.
x x x
Dave Goff, Secretary
Planning Commission
City of Newport Beach
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