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HomeMy WebLinkAbout06/24/1982NMISSOKERS REGULAR PLACE: TIME: PLANNING COMMISSION MEETING City Council Chambers MINUTES 7:30 p.m. DATE: June 24, 1982 m � m m w. City of Newport Beach ROLL CALL I I I I III I I INDEX I X !X I *I X� XI XI Commissioner King was. absent. Commissioner Balalis was I present at 7:45 p.m. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney x x x STAFF MEMBERS PRESENT: Fred Talarico, Environmental Coordinator Craig Bluell, Senior Planner Rich Edmonston, Traffic Engineer Pamela Woods, Secretary x x x Staff advised the Commission that the applicant for Items No. 5 and 6 -.Use Permit No. 2086 and Tentative Map of Tract No. 11806, has withdrawn these items. * x x Request to consider a Traffic Study in conjunction with the expansion of an existing church facility located in the R -1 and R -2 District. AND Request to permit the construction of a new church sanctuary building in the R -1 and R -2 Districts which includes meeting rooms, a banquet room, classrooms, administrative offices and a kitchen facility. A new education building is also proposed. The proposal also includes a request to allow a portion of the proposed sanctuary building and a building - mounted cross, to exceed 35 feet in height; a request to waive a portion of the required on -site parking spaces for the proposed • I J I I I I I I sanctuary; and the acceptance of an environmental I document. -1- Items No, 5 and 3 TRAFFIC STUD (_— USE PERMIT N0. 822 men ed) June 24, 1982 MINUTES m m w City of Newport Beach INDEX Request to establish a single parcel of land for the RESUB- expansion of an existing church facility, where 10 DIVISION lots, a portion of one lot, and a proposed .abandoned N V 723 alley presently exist. LOCATION: Lots 31 -35, Tract 1220; Lots 142 -146, Tract 1218; a portion of Lot 171, Block 54, Irvine's Subdivision; and a 20 foot wide alley located at 600 St. Andrews Road, on property bounded by St. Andrews' Road, Clay Street and 15th Street, across from the Newport Harbor High School, in Cliff Haven. ZONE: APPLICANT: ENGINEER: R -1 and R -2 St. Andrews Presbyterian Church, Newport Beach Same as applicant Robert Bein, William Frost and Associates, Newport Beach Agenda Items No. 1, 2 and 3 were heard concurrently due to their relationship. Planning Director Hewicker presented background information on these items. He referred to the supplemental staff report and stated that an additional count of. the church parking was taken on Sunday, June 19, 1982, which was Father's Day. He stated that the applicant has revised the parking proposal. Commissioner Balalis was present at 7 :45 p.m. The public hearing opened in connection with these items and Mr. Milan Dostal, representing the applicant, appeared before the Commission. Mr. Dostal stated that the revised plan attempts to satisfy the concerns of. the neighbors and the necessary programs of the Church. He stated that the height and mass of the proposal have been decreased, the visual impacts to the neighborhood • I I I I I I I I have also been decreased, and the proposed parking facilities have been increased. -2- 3 x � r c m ^ m W m June 24, 1982 of Newaort Beach MINUTES INDEX Mr. Dostal stated that a new parking study has been performed for the proposed project. He stated that they have received positive responses from Newport Harbor High School relating to the joint usage of the high school parking lot. He stated that they are awaiting the preparation of documentation from the school district's attorney. He stated that the school district is also interested in utilizing the church's parking lot for the school's auditorium use during the evening hours. Mr. Dostal read to the Commission a letter dated June 24, 1982, from Mr. Paul Kloster, MAI appraiser and resident of Newport Heights, which stated that the proposed project will benefit the community and be a part of the continual upgrading of the neighborhood. Commissioner Balalis asked if the high school would be using the church's parking lot in the evenings during the football season. Mr. Dostal stated that the church's parking lot on the corner of 15th Street and Clay Street would be available for the school's use • during the evening. Commissioner Balalis expressed his concern that the parking lot is located close to a residential area and asked if evening time limitations would be imposed on the parking lot and the .proposed parking facility. Mr. Dostal stated that this would be possible. Mr. C. Edward Ware, of C. Edward Ware Associates, Inc., Architects, appeared before the Commission. Mr. Ware referred to the revised renderings of the proposed project and described the revisions in comparison with the original design. He stated that seating in the worship area has been reduced, which will improve the parking situation. He stated that the mass of the building has been reduced by approximately 28 percent, one floor of occupancy removed, and 20 feet in height has been eliminated. He stated that the fifth floor will now be for conference type meetings and small groups. Further, that two people, the Senior Pastor. and his secretary will occupy the fourth floor. He further stated that the sanctuary tower has been rotated 45 degrees and the entrance from Clay Street to the parking area has been eliminated. Commissioner Beek asked if the proposed tower is needed • to make a statement for the church and is required for the office space, or if the office space can be accommodated under the 35 foot height limit. -3- June 24, 1982 MINUTES �x ems m m City of Newport Beach INDEX Mr. Ware stated that the addition of a third floor to the other buildings for the office space, would destroy the design concept and aesthetics.of the proposal. He stated that the proposed sanctuary tower makes a statement that this is a church and that it is an important and worthy structure to the people of the community. In response to a question posed by Commissioner' Balalis, Mr. Ware stated that the top floor will be utilized as the mechanical room. Mr. Ware stated the advantages in having the fans and air in -take ducts located at a higher level. He also stated that this space will accommodate the overrun for the elevator. Mr. Carl Irwin, of Irwin and Associates, Architect representing the applicant, appeared before the Commission. Mr. Irwin stated that on May 27, 1982, an 85 foot boom, the height of the proposed structure, was placed on the property. He . delivered a slide • presentation which depicted the height of the 85 foot boom in relationship to 30 different locations in the area. The last two slides were graphs on the parking study. He discussed the proposed surface parking and the proposed below grade parking structure. Mr. Irwin stated that studies have indicated that it will be between three and five years before the church's Sunday attendance capacity will need the parking spaces within the proposed parking structure. He stated that during this time, the church can develop an alternate plan for the use of the high school's parking lot and the rescheduling of church activities to resolve the parking issue. He stated that if the proposed parking structure is not built, the church will monitor the growth of the congregation and the street parking in conjunction with the Planning Department's indication that the proposed parking structure is necessary. Commissioner Balalis asked how the church services will be staggered in order to facilitate the parking. Dr. John A. Huffman, Jr., Pastor of the St. Andrews Presbyterian Church, stated that they are desirous of having an 8:30 a.m. and a 10:15 a.m, service, which • increases the time between the services, rather than three services. 'nrvu.ur_n.cv June 24, 1982 � r c m � m W m F m City of Newport Beach MINUTES INDEX Mr. Charles Palmer, 'resident of 1701 Kings Road, appeared before the Commission and stated that the revised plan. will be, a tremendous asset to the community of Newport Beach. Mr. Ron Reble, resident of 1821 Kings Road, and a member of the Cliff Haven Community Association and member of St. Andrews Presbyterian Church, stated that he can understand both sides of this unique issue. He stated that this situation deals with good guys against good guys. He stated that he endorses the revised plan of the church and urged approval of the proposed project. Commissioner Balalis asked the speakers to express their comments on the proposed parking structure and whether the proposed parking structure should be built. Mr. Reble stated that the proposed parking structure • should be built at a later time. He stated that the proposed surface parking will help to alleviate the current parking congestion. Mr. Jack Gerling, resident of 411 Kings Road, stated that the church is a good influence and an integral part of the community. He stated that the proposed addition to the church will increase the value of surrounding properties and urged approval of the proposed project. Mr. Jack Grimshaw, resident of 400 Signal Road, stated that the,growth of the site will be beneficial to the community. He stated that the. proposed project will beautify the area and increase property values. Mrs. " Maureen Grimshaw stated that they have lived in this area for over 23 years. She stated that the church provides a variety of programs for many people in the community and urged approval of the proposed project. Mr. Roy Ward, resident of 1508 Galaxy Drive, stated that St. Andrews Presbyterian 'Church is an active, progressive church in the community. He stated that the church needs this structure, because the community • needs its services. -5- June 24, 1982 of Newport Beach MINUTES INDEX Mr. Peter Gendron, President of Cliff Haven Community Association, appeared before the Commission. Mr. Gendron submitted a questionnaire which had been circulated to the residents of the area and stated that the responses overwhelmingly indicate that occupied space above 35 feet is not acceptable within the R -1 zoned community and that adequate, on -site parking must be provided. He stated that of the 380 questionnaires mailed, over 200 were completed and returned. He stated that the revised plan still represents a high rise office building in a residential community. He stated that this is a matter involving environmental impacts, density and height, not religious issues. He stated that the Commission must determine if this proposed office building with its massive height, constitutes good planning and would be allowed within any residential community within the City of Newport: Beach. Mr. Gendron urged denial of the proposed project. • Mr. George West, resident of 412 Snug Harbor Road, read to the Commission the comments received from the questionnaires which related to concerns with the proposed capacity, high school parking lot, height of the proposed sanctuary, architectural features and traffic congestion. He stated that only eleven comments on the questionnaires were received in favor of the proposed project. He stated that a reduction of 20 feet in height in not a compromise and stated that the mass of the building is not being reduced, but is being redistributed. He urged denial of the proposed project. In response to a question posed by Commissioner Balalis, Mr. West stated that in order of opposition, they are opposed to the height, inadequate parking and mass for the proposed structure. He stated that the 35 foot height limit is a main concern and should he enforced on the proposal. He also stated that the desired number of seats for the church, is more than the land can support. I I I I I Mr. Willard Courtney, resident of 611 St. James Place, distributed to the Commission his written presentation. Mr. Courtney stated that no attempts have been made in I, the revised plan to correct the objections which were stated at the last meeting. He stated that the City's r c � m m v m A m m Y June 24, 1982 of Newport Beach MINUTES INDEX Mr. Peter Gendron, President of Cliff Haven Community Association, appeared before the Commission. Mr. Gendron submitted a questionnaire which had been circulated to the residents of the area and stated that the responses overwhelmingly indicate that occupied space above 35 feet is not acceptable within the R -1 zoned community and that adequate, on -site parking must be provided. He stated that of the 380 questionnaires mailed, over 200 were completed and returned. He stated that the revised plan still represents a high rise office building in a residential community. He stated that this is a matter involving environmental impacts, density and height, not religious issues. He stated that the Commission must determine if this proposed office building with its massive height, constitutes good planning and would be allowed within any residential community within the City of Newport: Beach. Mr. Gendron urged denial of the proposed project. • Mr. George West, resident of 412 Snug Harbor Road, read to the Commission the comments received from the questionnaires which related to concerns with the proposed capacity, high school parking lot, height of the proposed sanctuary, architectural features and traffic congestion. He stated that only eleven comments on the questionnaires were received in favor of the proposed project. He stated that a reduction of 20 feet in height in not a compromise and stated that the mass of the building is not being reduced, but is being redistributed. He urged denial of the proposed project. In response to a question posed by Commissioner Balalis, Mr. West stated that in order of opposition, they are opposed to the height, inadequate parking and mass for the proposed structure. He stated that the 35 foot height limit is a main concern and should he enforced on the proposal. He also stated that the desired number of seats for the church, is more than the land can support. I I I I I Mr. Willard Courtney, resident of 611 St. James Place, distributed to the Commission his written presentation. Mr. Courtney stated that no attempts have been made in I, the revised plan to correct the objections which were stated at the last meeting. He stated that the City's V "' "" June 24, 1982 n 7c � r � m w City of Newport Beach MINUTES ■ R O L L CALL I I I I III[ I INDEX n U Code requiring one parking space for every five seats is totally unrealistic and not a valid factor in determining what is adequate parking for this use. He discussed how adequate parking for this use should be calculated. He stated that in considering the.proposed new sanctuary seating, he has determined that 541 on -site parking, spaces should be required. He stated that at 70 cars per level, a 7.3 multi -level parking structure would be necessary. He stated that this is totally unacceptable to the area. Mr. Courtney stated that in the early 1960'x, he was Chairman of the Building Committee for the church when an addition was made to the existing .sanctuary. He stated that at that time, the City required that the church provide a letter from the school giving their permission to use the school parking when not in conflict with school activities, which was accomplished. Further, he stated that the church was planning to acquire the Clay Street properties when and if they became available and that these properties would be used for parking. He stated on this basis, permits for the expansion of the existing sanctuary were granted. He then referred to the staff report dated January 3, 1974, which he stated substantiates his statements. Mr. Courtney compared the proposed project and the parking plan with other churches in the area. He stated that the church has the capability of providing on -site parking, but is not doing so. He stated that the church should be required to provide subterranean and grade level parking. He then urged denial of the proposed project. Commissioner Beek asked Mr. Courtney to clarify his position on the required on -site parking and the proposed parking structure. Mr. Courtney stated that a seven level parking structure would be necessary to accommodate the required on -site parking. However, he stated that a multi -story parking structure is unacceptable in a residential district. Mr. Courtney stated that alternate plans could be prepared which would accommodate the parking needs, but he stated that the applicant has indicated that they did not want him to design their project. -7- • • • "' °'^" " "" June 24, 1982 � x � r c m � m F u City of Newport Beach Ms. Barbara Whitman, resident of 406 Snug Harbor Road, and a member of the Cliff Haven Community. Association negotiating committee, appeared before the Commission. Ms. Whitman referred to the questionnaires and stated that the responses clearly indicate a denial of the proposed project. She stated that a stronger, more visual character is not desirable. She also stated that the height of the proposed sanctuary can not be compared with the existing high school tower or a crane with a piece of plywood attached to it. She stated that the rotation of the tower by 45 degrees and the 20 foot height reduction is not negotiation or cooperation by the applicant. She referred to the letters of correspondence and the petition received in favor of this project and stated that many of these people do not even live in the City of Newport Beach. Ms. Whitman summarized by stating that project constitutes too large of a structure on too small of a parcel of land and urged denial of the proposed project. Mr. Kurt Herberts, resident of 464 Santa Ana, and representing the Newport Heights Community Association, stated that they strongly endorse the position expressed by the Cliff Haven Community Association. He stated that proposed height of the sanctuary is totally unacceptable. He stated that it is essential that the applicant provide adequate, on -site parking to ensure the surrounding residents from unwanted encroachments on their streets. He stated that a 20 foot reduction in height is not a reasonable compromise when considering that the initial proposal exceeded the City's height limitation by 200 percent. He stated that the church has not been designed out of necessity, but rather for aesthetic value. He strongly urged the Commission to deny the proposed project. Mr. George Lackey, resident of 612 St. James Place, stated that the Commission must consider the current traffic patterns in the area, not the projected or proposed traffic patterns. He stated that on Sunday, June 6, 1982, he observed 474 cars parked for church activities and on Sunday, June 13, 1982, he observed 456 cars parked for church activities. He also described the traffic congestion which occurs in this -g- MINUTES MIDIV 7n'- June 24 , 1982 City of Newport Beach area every Sunday morning. He stated that if the proposed project is approved, these traffic numbers will be doubled and will create further congestion in the area. He expressed his concern that the fire road into the high school is usually blocked by parked cars'. He further stated that the crane depicted in the slide presentation can not be compared to the impact of the proposed sanctuary tower. Mr. Lackey urged denial of the proposed project. Mr. John Bayless, resident of 2215 Winward Lane, stated that he is a statistician by.trade. He stated that the many statistics have been incorrectly presented by the non - expert speakers. He stated that the church is needed by the community and urged approval of the proposed project. I I I I I Mr. Robert Craig, resident of 418 Snug Harbor Road, • stated that he does not want his family to become a statistic when the 1,100 congregation members leave the church in their cars at the same time. . Mr., Frank Claudell, stated that he had lived at 435 Snug Harbor Road for over 17 years. He stated that the church congregation has been polled and they are ready to build the proposed structure. He urged approval of the proposed project. Commissioner Beek asked for the applicant's response to Mr. Courtney's comments on alternative plans. Mr. Dostal stated that many alternative plans have been studied. However, he stated that the revised plan represents the least impact to the community and provides the best plan for the needs of the. church. He stated that the alternative plan would include unattractive block buildings which would not constitute good planning for the neighborhood. He stated that the proposed plan will upgrade the neighborhood and. increase the property values for the entire City. He stated that the proposed plan represents the ultimate, professional application which will solve these 0 1 1 1 1 1 1 1 1 problems. MINUTES INDEX June 24, 1982 MINUTES � r c m City of Newport Beach R LL CALL I I I I I I I I INDEX Dr. Huffman stated that an adequate poll of the congregation was taken through the committee process. He stated that 80 percent of the congregation polled, were in favor, of the proposal. He stated that keeping the architectural design below the 35 foot height would have a negative aesthetic impact on the community and would not facilitate the present Sunday attendance in two services. He 'stated that the revised plan would provide the church with adequate sanctuary, education and office space. Dr. Huffman stated that they acknowledge that during the entire history of the church there has been a parking problem. He stated that they are grateful for the use of the high school parking lot and stated that they are now in a position to offer the use of the corner parking lot on 15th Street and Clay Street to the high school for five days a week. Dr. Huffman referred to a comment which was made at the last meeting relating to the Crystal Cathedral and • stated that the proposed project is only one -third the volume and mass of the Crystal Cathedral. Mr. Courtney referred to the staff report dated January 3, 1974, and outlined the previous requested expansion proposal of the church. He stated that under this request, the church was to utilize the Clay Street properties for parking purposes and the structure was to be constructed under the 35 foot height limit. Commissioner Allen stated that assuming the church can obtain an agreement for the 265.parking spaces from the high school and 238 on -site parking spaces in the proposed subterranean parking structure, this would give the church a total of 503 parking spaces. Mr. Courtney stated that 97 of the 238 on -site parking spaces are for compact cars which is not realistic. Planning Director Hewicker explained that the staff does not represent the applicant, 'nor the neighborhood. He stated that staff has attempted to present unbiased comments and an unbiased presentation on these issues. Planning Director Hewicker stated that Section 20.02.080 of the Municipal Code exempts churches from • the height limitations of the City. However, he stated that a use permit, with the proper findings, is . required if a church wants to exceed the height limitation. -10- 'V %IVM J ` -, , June 24, 1982 3 ; � r c m y m City of Newport Beach c a m m MINUTES INDEX Planning Director Hewicker explained the church's present on -site parking on the alley right -of -way and the private property parking on either side of the alley. He discussed how the attendance and parking numbers for this project have been gathered and stated that the staff's calculations are a reasonable representation of what is occurring on the site. Planning Director Hewicker stated that the church does utilize the high school parking lot. He referred to Mr. Courtney',s previous comments and clarified that back in 1974 the City Council removed the condition requiring a written agreement between the church and the high school. He stated that it is not considered good planning for a use to provide parking for their maximum needs and for a use across the street to also provide for their. maximum parking needs, when the maximum use of the properties involved due not occur at the same time. He stated that the Municipal Code does recognize the fact that there are opportunities for. joint use of parking spaces. He stated that this practice is utilized in a number of locations throughout the City. Planning Director Hewicker stated that the applicant has proposed a subterranean parking structure. He referred to a letter from the Cliff Haven Community Association dated June 10, 1982, which states that adequate on -site parking should be provided at grade level or below. Mr. Robert Burnham, Assistant City Attorney, suggested that an additional .condition be added to the resubdivision application which would require the subdivider to provide satisfactory evidence that all persons with record title ownership in the parcel to be subdivided, consent . to that ownership. He stated that the Map Act allows the City to require the subdivider to provide evidence that they have the consent of all persons having underlying fee ownership. Mr. Rich Edmonston, City Traffic Engineer, expressed his concerns with the proposed two level parking facility. He stated that approximately 50 percent of the spaces in the proposed facility will be compact spaces. He stated that these spaces are considered to . -11- June 24, 1982 MINUTES ids m W m F m City of Newport Beach INDEX be prime parking because they are located close to the church. He stated that this is not a workable situation. He stated that the use of compact parking must be designed to be self enforcing in order for it to work well. Mr. Edmonston also expressed his concern with the access to the lower level of the proposed parking' facility. He stated that this could be resolved through the loss of a small number of parking spaces and raising the at -grade level, approximately three to four feet, in order to minimize the grade difference from the street to both the upper and lower levels. He stated that a retaining wall would be required in order to accomplish this. He stated that the ramp as proposed, makes certain turning. movements virtually impossible for drivers which would be exiting the facility. AIn response to a question posed by Commissioner Balalis, Mr. Edmonston stated that the parking surface itself 'would be raised three to four feet for the at- grade level. Commissioner Balalis asked how the compact spaces can be designed to be self enforcing. Mr. Edmonston stated that compact spaces should be distributed within the parking facility so that they are neither the best spaces or least desirable spaces, combined with the physical difference of their size in the aisle, will make the compact spaces self regulating. In response to a, question posed by Commissioner Balalis, Planning Director Hewicker explained that this proposal is for a specific number of seats and a specific amount of square footage within the building. He stated that this is the criteria which was utilized in calculating the parking needs. He stated that the Building Department has not assigned an occupant load- to the building which would govern the way in which the Uniform Building Code would dictate the construction of the building and the number of exits. -12- �X � r c m ' m C3 e a June 24, 1982 MINUTES of Newport Beach ROLL CALL 1 1 1 1 1 1 1 1 I INDEX • Motion A11 Ayes 11 xlxIA *I XIXIx Chairman McLaughlin asked if there is adequate parking for the project, if the proposed parking facility is not constructed. Planning Director Hewicker stated that the staff would continue to work with the applicant until a satisfactory parking structure is designed. He suggested that the perhaps some of the compact spaces from the proposed parking facility could be distributed to the high school parking lot. He stated that this would provide more on -site standard parking spaces. Commissioner Kurlander asked if the compact spaces were to be redistributed to the high school parking lot, would the. proposed parking facility have to be enlarged to support the standard parking spaces. Mr. Edmonston stated that by eliminating the width necessary for the aisle going down to the lower level, the proposed parking structure could be redesigned to handle all full -sized parking spaces. Mr. Edmonston stated that possibly 10 percent of the parking spaces would be lost by implementing such a plan. The Planning Commission then took the following actions: TRAFFIC STUDY Commissioner Allen stated that an approval of the Traffic Study only indicates that the traffic during the p.m. peak hours during Monday thru Friday will not be offensive as defined by the City's Traffic Phasing Ordinance. Motion was made for approval of the Traffic Study, subject to the findings of Exhibit "A ", as follows, which MOTION CARRIED: FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and.City Policy S -l. -13- COMMISSIONERS June 24, 1982 MINUTES � r c w � m W q City of Newport Beach ROLLCALLI III III I INDEX 2. That the Traffic Study indicates that the project generated traffic will be less than one percent of existing, plus committed, plus regional traffic during the 2.5 hour peak period on any . leg of a critical intersection. 3. That the Traffic Study indicates that the project generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any "major ", "primary- modified" or "primary" street. USE PERMIT NO. 822 (AMENDED) Motion X Motion was made for approval of Use Permit No. 822 (Amended), subject to the findings and conditions of:< Exhibit "A ", deleting Condition No. 36, which prohibits vehicular access to the site from Clay Street, and Condition No. 38 be revised as suggested in the • supplemental staff report. Commissioner Winburn asked if a condition should be added which pertains to the below grade parking structure as discussed by the City Traffic Engineer, Mr. Edmonston. Mr. Fred Talarico, Environmental Coordinator, referred to Condition No. 29, which states that the layout of all parking and circulation shall be subject to further review and approval by the City Traffic Engineer. He stated that this condition would adequately cover this concern. In response to a question posed by Commissioner Winburn, Planning Director Hewicker stated that Condition No. 37 refers to on- site /off - street parking, not off -site parking. He suggested that the condition be revised to reflect that twenty -five (25 %) percent of the off - street parking spaces, whether they be on -site or on the high school parking lot, be provided. He stated that this would still have to meet the approval of the City Traffic Engineer and that staff can then determine the balance of how the compact spaces should occur. I I I I I I Chairman McLaughlin clarified that the total number of • compact spaces for this project can not exceed twenty - five (25 %) percent. Planning Director Hewicker concurred. -14- June 24, 1982 MINUTES n JC w � m W m F p City of Newport Beach ROLL CALL INDEX Commissioner Balalis asked staff to explain how the revised Condition No. 38 will be monitored by the applicant. Mr. Talarico stated that the annual report of the church would require them to also monitor the usage of the two off - street parking lots. He stated that the components of the services can be changed to draw more members to one service than another. He stated that they can 'also add or delete services in order to comply this condition. Commissioner Balalis expressed his concern that this would enable the church membership to grow, by adding additional services. He stated that limiting the church to a certain number of services is an unenforceable condition. Planning Director Hewicker stated that the applicant would have to modify the projects operational 'characteristics and programs to lessen the parking demand in a manner acceptable to the Planning Department, or apply for an amendment to the use permit to provide additional on- site /off- street • parking. Commissioner Winburn referred to the supplemental staff report and stated that the growth patterns of the church has not exceeded a one percent increase in the past two years. In response to a question posed by Chairman McLaughlin, Dr. Huffman stated that the church currently has three services on Sunday, but they are desirous of becoming a two 'service church. He stated that they would be desirous of monitoring the church attendance over a five year period, or until such time as the construction of the parking structure is warranted. Commissioner Beek referred to revised Condition No. 38 and asked why a change would be required if the usage is less than 858 capacity. Mr. Talarico stated that if the off - street parking areas are achieving less than 858 capacity, it means that the people are utilizing more of the spaces on the. street, which creates a greater impact upon the community. Planning Director Hewicker stated that the intent of the condition is to maximize the use of the lots and minimize the use of • the streets. -15- n �c r c m W c s n m y a June 24, 1982 of NewDort Beach Commissioner Allen suggested that a condition be added which relates to the church utilizing the high school parking lot.. She stated that a signed, off -site parking agreement to be approved by the City Council, would not be realistic for the church to obtain from the high school. She stated that she believes that the church is making a good faith effort to obtain some kind of license agreement from the high school. She suggested that perhaps the applicant can obtain such an agreement from the high school, or that the progress of such, an agreement be made available, before the City Council hearing on these items. Mr. Dostal stated that they are making a good faith attempt to obtain a cross license from the school board for the use of the high school parking lot. He stated that the dialogue and response from the school is very positive. However, he stated that the final decision is that of the school board. He added that they would • I I ( I I I I not like to condition the project with a license agreement. He stated that they currently have a gentlemen's agreement with the high school. Mr. Lackey stated that the occupants of the Oakwood Apartments can not use the high school parking lot, because use of the lot was denied by the high school. Commissioner Beek stated that he is a resident of Oakwood Apartments and that there is adequate parking for the apartments, without the use of the high school parking lot. Amendment X Commissioner Allen amended the motion and recommended that rather than requiring a written agreement with the high school, an additional Condition No. 39 be added which would state, "That in the event the church should lose the opportunity to park in the high school parking lot, they would be required to come back to the City for an amendment to this use permit to provide adequate Accepted X off - street parking." Commissioner Winburn accepted this as an amendment to her motion. . Commissioner Allen stated that it would be virtually impossible to build the proposed project on the site and make everyone happy. -16- MINUTES INDEX 0 ;K � r c D June 24, 1982 of Newport Beach MINUTES INDEX Amendment K Amendment to the motion was made by Commissioner Allen. She suggested that the. alternative design would be acceptable if there be no occupancy of the tower space over 35 feet. She stated that this will remove 3,100 square feet or three percent of the total 100,000 square feet. She stated that according to the testimony, this will only be removing office space for two people. Commissioner Winburn stated that she would not accept this as an amendment to her motion. Commissioner Kurlander stated that such an amendment would be eliminating the occupancy and use of two floors of the proposed tower. Chairman McLaughlin stated that the people opposed to the project are not opposed to the office space for two people, they are.' opposed to the mass of the proposed structure. Commissioner Allen stated that this amendment will serve to create a disincentive to build the mass. She stated that two people moving their offices to somewhere else on the site, is a small trade -off for the applicant to make. Ayes X Amendment by Commissioner Allen was now voted on, which Noes X X X X X AMENDMENT FAILED. Absent Commissioner Beek stated that he would be voting against the motion. He stated that the church is a guest in the community and the community is its host. He stated that up until now, the church has been a good guest in the community. However, he stated that the church should be more sensitive to the community's feelings. Ayes X X X X Amended motion for approval of Use Permit No. 822 Noes X X (Amended), subject to the findings and conditions of Absent * Exhibit "A ", with Condition No. 36 to be deleted; Condition No. 37 to be revised as discussed; Condition No. 38 to be revised as suggested in the supplement staff report; and, the addition of Condition No. 39, which AMENDED MOTION CARRIED, as follows: • -17 W June 24, 1982 t Beach MINUTES ROLL CALL I I I I J i l l I INDEX • 0 FINDINGS: 1. That an Initial Study and Negative - Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. 3. That the proposed use is consistent with the General Plan and is compatible with surrounding land uses. 4. The increased building height will result in more public visual open space than could be achieved by the basic height limit. 5. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 6. The increase building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. 7. The structure will have no more floor area than could have been achieved without the use permit. 8. Adequate off- street parking and related vehicular circulation are being provided in conjunction with the proposed development. 9. The Police Department has indicated that they 'do not contemplate any problems. -18- � r c m W o e 3 W m x D W June 24, 1982 t Beach MINUTES ROLL CALL I I I I J i l l I INDEX • 0 FINDINGS: 1. That an Initial Study and Negative - Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. 3. That the proposed use is consistent with the General Plan and is compatible with surrounding land uses. 4. The increased building height will result in more public visual open space than could be achieved by the basic height limit. 5. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 6. The increase building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. 7. The structure will have no more floor area than could have been achieved without the use permit. 8. Adequate off- street parking and related vehicular circulation are being provided in conjunction with the proposed development. 9. The Police Department has indicated that they 'do not contemplate any problems. -18- June 24, 1982 MINUTES � r � X. m. City of Newport Beach 10. 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 with the legislative intent of Title 20 of the Municipal Code. 11. The approval of Use Permit No. 822 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. • 1 1 1 1 I` I I CONDITIONS: I�L 1. . Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. That the grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 3. The grading permit shall include, if required a description of haul routes access points to the site and watering and sweeping program designed to minimize impact of haul operations. 4. An erosion, siltation and dust control plan if required shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board Santa Ana Region. 5. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design. -19- INDEX June 24, 1982 of Newport Beach 6. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist based upon the completion of a comprehensive soil and geologic investigation of the site. This shall establish parameter of design for all proposed structures and also provide recommendation for grading. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 7. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. 8. 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 the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). • 9. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 10. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 11. The landscape plan shall place heavy, emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over - watering. 12. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. -20- MINUTES INDEX � r c � m m A June 24, 1982 of Newport Beach 6. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist based upon the completion of a comprehensive soil and geologic investigation of the site. This shall establish parameter of design for all proposed structures and also provide recommendation for grading. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 7. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. 8. 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 the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). • 9. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 10. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 11. The landscape plan shall place heavy, emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over - watering. 12. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. -20- MINUTES INDEX I 1 U June 24, 1982 MINUTES of Newport Beach 13. The site's existing landscape plan shall be reviewed by a licensed landscape architect. The existing_ landscape program shall.be modified to include the concerns of the conditions above to the maximum extend practicable. Any change(s) in said existing program as a result of this review shall be phased and incorporated as a portion of existing landscape maintenance. 14. That any roof top or other mechanical equipment shall be sound attenuated to be no greater than 55 Dba at the property line. 15. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said shall be attenuated to, acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. 16. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 17. The Fire Department access shall be approved by the Fire Department. 18. That all buildings on the project site.shall'be equipped with fire suppression systems approved by the Fire Department. 19. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 20. That fire vehicle access, including the proposed planter islands, shall be approved by the Fire Department. 21. Prior to the occupancy of any buildings, a program for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. -21- INDEX � r � o m m > 7C I 1 U June 24, 1982 MINUTES of Newport Beach 13. The site's existing landscape plan shall be reviewed by a licensed landscape architect. The existing_ landscape program shall.be modified to include the concerns of the conditions above to the maximum extend practicable. Any change(s) in said existing program as a result of this review shall be phased and incorporated as a portion of existing landscape maintenance. 14. That any roof top or other mechanical equipment shall be sound attenuated to be no greater than 55 Dba at the property line. 15. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said shall be attenuated to, acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. 16. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 17. The Fire Department access shall be approved by the Fire Department. 18. That all buildings on the project site.shall'be equipped with fire suppression systems approved by the Fire Department. 19. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 20. That fire vehicle access, including the proposed planter islands, shall be approved by the Fire Department. 21. Prior to the occupancy of any buildings, a program for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. -21- INDEX COMMI551ONER5 MINUTES June 24, 1982 3 x � r c m m m m Cit of Newport Beach ROLL CALL INDEX 22. All work on the site shall be done in accordance with the City's Council Policies K =5 and K -6. Verification of said shall be provided to the Building and Planning Departments. 23. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 24. The applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. 25. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the • Engineer stating that, in his opinion, this requirement has been met. Any parking lot lighting shall be approved by the Planning Department. 26. That no private school program for first grade and above shall be permitted on -site without a future amendment to this use permit and re- evaluation of the Traffic Study. 27. A dust control program shall be implemented during the construction period. 28. The angled driveways on St. Andrews Road and Clay Street shall be revised in accordance with a manner acceptable to the City Traffic Engineer. 29. The layout of all parking and circulation shall be subject to further review and approval by the City Traffic Engineer. • 11111111 -22 June 24, 1982 i � m m W m F uf I City of Newport Beach 30. That all applicable conditions of Resubdivision No. 723 shall be fulfilled. 31. That an off - street pick -up /drop -off area shall be provided onsite 32. That any above -grade level parking spaces shall be phased with growth in membership /usage and subject to amendment to the Use Permit. 33. That handicap and compact parking spaces shall be designated by a manner approved by the City. 34. That the intersection of the private drives and public streets be designed to provide sight • distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in. height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 35. That all development shall be in substantial compliance with the approved plot plans, floor plans and elevations. 36. Deleted by the Planning Commission. 37. That the off - street parking, whether on -site or on the high school parking lot, shall be provided as required by the Newport Beach Municipal Code. A maximum of twenty -five (258) percent of the required parking may be compact parking spaces. • 11111111 -23- MINUTES INDEX C0MNU55K314ER5 sane 24, 1982 MINUTES �x m � m n W City of Newport Beach ROLL CALL 17=1 INDEX FINDINGS: I I ( I I I I 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 • I I I I (I I I. plans and the Planning Commission is satisfied with the plan of subdivision. -24- 38. The applicants shall monitor attendance and semi- annually report attendance figures to the Planning. Department. The applicants shall also monitor usage of the high school and on -site/ off - street parking areas. During any four (4) week period where attendance exceeds.1040.persons per service, or if attendance exceeds 915 and usage is less . than 85% of capacity for the high school and on- site /off- street parking areas, the applicant shall modify the projects operational characteristics to lessen parking demand in a manner acceptable to the Planning Department or apply for an amendment to this Use Permit to provide additional on- site /off- street parking. 39. That in the event the church should lose the opportunity to park in the high school parking lot, they shall be required to come back to the City for an amendment to this use .permit and provide adequate off - street parking. • RESUBDIVISION NO. 723 In response to a, question posed by Commissioner Kurlander, Mr. Burnham stated that the Map Act only gives the City the authority to require the subdivider to obtain the consent, not necessarily the ownership rights, to the fee. Motion X Motion was made for approval of Resubdivision No. 723, All Ayes X X X * X X subject to the findings and conditions of Exhibit "A ", with the additional condition that the applicant shall acquire the consent of all those with rights to the portion of the vacated alley that does not revert to the church when it is abandoned, which MOTION CARRIED, as follows: FINDINGS: I I ( I I I I 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 • I I I I (I I I. plans and the Planning Commission is satisfied with the plan of subdivision. -24- COMMISSIONERS June 24, 1982 MINUTES � r c m � m City of Newport Beach ROLL CALL INDEX • 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 4. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. 5. 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 or use of, property within the proposed subdivision. 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 all unused drive depressions be removed and replaced with curb, gutter and sidewalk. 4. That a subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the public .improvements if it is desired to record the parcel map or obtain a' building permit prior to completion of the public improvements. 5.. That a hydrology and hydraulic study be prepared . and approved by the Public works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map. • 1 1 1 1 1 1 1 6. That the on -site storm drain system connect to the 15th Street storm drain. -25- June 24, 1982 MINUTES � r c m ' m City of Newport Beach ROLL CALL I F I I T H I I INDEX 7. That the existing 8. inch sewer main from Snug Harbor, running thru the development, be re- routed down Clay Street and connected to the 15th Street sewer. 8. That the existing 8 inch sewer main from Pirate Road, running thru the development be re- routed down Clay Street to the St. Andrews Street sewer. 9. And that all of the above improvements be designed by a registered engineer using City standards. All modifications or extensions to the existing storm drain, water and sewer systems shall be the responsibility of the developer. 10. That the existing sewer easements located between lots 143 and 144 of Tract 1212 and between lots 33 and 34 of Tract 1220 be abandoned. 11. That a 6 -foot wide concrete sidewalk be • constructed along the Clay Street and 15th Street frontages, with access ramps at the intersections of Clay Street and 15th Street, St. Andrews Road and 15th Street, and Clay Street and St.. Andrews Road. 0 12. That the existing 20 -foot alley located between St. Andrews Road and 15th Street be vacated prior to issuance of any building permits and that the existing alley approaches be removed and replaced with curb, gutter and sidewalk. That the existing sewer and water mains located in the alley be abandoned in a method satisfactory, to the Public Works Department and the .Utilities Department unless utilized as private services. 13. That all unused driveway depressions be removed and replaced with curb, gutter and sidewalk and deteriorated curb, and gutter be reconstructed along the Clay Street, 15th Street and St. Andrews Road frontages. 14. That street lights be installed with spacing to be approved by the Public Works Department on 15th Street, St. Andrews Road and Clay Street. -26- COMMISSIONERS MINUTES June 24, 1982 X m � m m m City of Newport Beach ROLL CALL I I I I I I I INDEX 15. That the applicant shall acquire, the consent of all those with rights to the portion of the vacated alley that does not revert to the church when.it is abandoned. The Planning Commission recessed at 10:50 p.m. and reconvened at 11:00 p.m. Request to amend a portion of Districting Map No. 65 ' Item #4 from the P -C District to the P -C /MHP District. - - LOCATION: A portion of the Irvine Subdivision more • commonly known as the DeAnza Mobile Home Park which is generally bounded by Newport Bay on the north and west= AMENDMENT Newport Dunes on the east, and East ( Coast Highway on the south. ZONE: P -C INITIATED BY: City of Newport Beach APPROVED OWNER: The Irvine Company Commissioner Kurlander stated that he would be abstaining on this item, due to a possible conflict of interest. Mr.. Arthur Sullivan, President of DeAnza - Bayside Village Homeowner's Association and President of the Golden State Mobile Homeowners League, appeared before the Commission. Mr. Sullivan stated that he represents 252 memberships of the DeAnza Mobile Home Park and that many of the members are in attendance of the meeting tonight. He stated that they unanimously support the . adoption of an overlay mobile home park,zone. -27- COMMISSIONERS June 24, 1982 MINUTES r c m � m 0 m 0=0 City of Newport Beach ROLL CALL INDEX Mr. Tom Peckenpaugh, representing the owners of DeAnza Bayside Village, appeared before the Commission. Mr. Peckenpaugh discussed the background information on this item and the leases which are currently. on the property. He stated that the owners can not guarantee the tenants of the park that the property will continue to operate as a mobile home park until the year 2013. He stated that the tenants of the park have now turned to the City and asked the City to provide that guarantee by exercising their zoning authority. • Mr. Peckenpaugh stated that attempting to use the zoning powers of the City, to guarantee the use of a mobile home park and to resolve a contract argument, is a misuse of those zoning powers. He stated that no public benefit will be served by adopting an overlay zone for a small, select group. He stated that from the very beginning, DeAnza Bayside Village has been singled out for an overlay zone. Commissioner Beek stated that the contract dispute would 'continue, whether or not this legislation is approved. Mr. Peckenpaugh. stated that if this overlay zone were to be approved, people would then perceive that there is more permanence to the use. He stated that the overlay zone would constitute an extra layer of law imposing the use on the property. He stated that in the future, if the owner would attempt to change the use of the property, it will be necessary to undue the extra 'layer of zoning legislation. Commissioner Beek asked if a disclosure statement would still be required when the mobile homes are sold. Mr. Peckenpaugh concurred and stated that a disclosure statement would still be required. Commissioner Balalis stated that this overlay zone will not preclude the 'owner from coming back to the City with a specific planned community. Mr. Peckenpaugh stated that the leases do not start to expire until 1985 and stated that the owner has no current plans to • submit. -28- June 24, ]1982 MINUTES r c m . ' City of Newport Beach INDEX • Commissioner Winburn asked if the current lease with The Irvine Company restricts the use of.the property to a mobile home park until the year 2013. Mr. Peckenpaugh stated that this is correct, unless the lease were to be amended. Mr. David Colgan,, attorney of Fulop and Hardee, representing DeAnza Mobile Home Park, appeared before the Commission. Mr. Colgan stated that the proposed overlay zoning on DeAnza Mobile Home Park will constitute discriminatory zoning. He stated that there are approximately.13 other mobile home parks within the City, yet DeAnza Mobile Home Park is being singled out for the overlay zoning. He stated that this creates "a business disadvantage for the park and a perceived inability to present redevelopment plans to the City, once the overlay zone is applied. . He further stated that the proposed overlay zone would deprive the owner of important constitutional property rights. Mr. Colgan summarized his presentation and stated that the City should not use its police powers for rezoning at the behest of one citizens group, when there is an on -going contractual dispute. He stated that there is an inconsistency with the Land Use Element of the General Plan as it presently exists, and that the California Environmental Quality Act (CEQA) has not been complied with. In response to a question posed by Chairman McLaughlin, Planning Director Hewicker stated that Mar anapark Mobile Home Park will be the next mobile home park to be considered by the Planning Commission for the overlay zoning. Mr. Dick Hogan, representing the owners of the DeAnza Bayside Village Mobile Home Park, appeared before the Commission. Mr. Hogan stated that the owner has not prepared any plans for the development of the property and there is no intent to prepare any plans in the immediate future. Commissioner Balalis stated that he • would like the opportunity to review any redevelopment plans for the property. -29- June 24, 1982 - MINUTES M i m w X W F I City of Newport Beach INDEX Mr. Hogan stated that providing a variety of public housing opportunities does not require the application of an overlay zone on this particular piece of property. He further stated that the application of an overlay zone will not necessarily preserve low and moderate income housing. He stated that it is very likely that the application of an overlay zone will escalate the price of the mobile homes. Mr. Sullivan stated that the owners of the property in question seem to be confused by the overlay zone. He stated that there is nothing in the proposed overlay zone which would compel the owners to change the use of their property. He then urged approval of the proposed overlay zone on DeAnza Mobile Home Park. Planning Director Hewicker discussed CEQA and the EIR • Guidelines and stated that this particular action is a part of the City's Local Coastal Program and therefore exempt under CEQA. He stated that the overlay zone will be considered for many of the parks within the City, and stated that one of the parks has to be considered first. He discussed the consistency between the Land Use Element of the General Plan and the Land Use Plan of the Local Coastal Program. He stated that the recently adopted Land Use Plan of the Local Coastal Plan is considered to supersede the Land Use Element of the General Plan, particularly as it applies in. the coastal zone. He further stated that if a conflict does exist between the two documents, the General Plan will be amended. Motion X Motion was made to adopt Resolution No. 1082, RESOLUTION Ayes X X -X X X recommending to the City Council that Amendment No. NT 1-082 Abstain X 574, which will amend a. portion of Districting Map No. Absent * 65 from the P -C District to the P -C /MHP District, be approved, which MOTION CARRIED. (See attached Exhibit "A" for the text of Resolution No. 1082). 11 * -30- June 24, 1982 MINUTES ems m d City of Newport Beach INDEX Request to permit the construction of a seven (7) unit Ite residential condominium, development and related garage spaces in the R -3 -B District. A modification to the Zoning Code is also requested to permit a 4 foot ± high, sign which exceeds 6 sq. ft. in area, to be located in the required 20 foot front yard setback along Morning USE Canyon Road; 4 foot and 6 foot high fences that ND, encroach from 2 feet to 17 feet into the required 20 foot front yard setback; two second floor decks that encroach 2.5 feet into the required 20 foot front setback area; and second floor decks that encroach 3 feet into the required 6 foot side yard setbacks. AND I AND Request to subdivide .4861 acres of land into a single 1I northeasterly corner of. Morning Canyon T Road and East Coast Highway in Corona 1 Highlands. ZONE: R -3 -B APPLICANT: Emil Tessin, Newport Beach. W B OWNER: Rumney Enterprises, Inc., Irvine A ENGINEER: Lawrence 0. McDermott, Civil Engineer, Inc., Santa Ana U Staff advised the Commission that the applicant for Items No. 5 and 6 - Use Permit No. 2086 and Tentative Map of Tract No. 11806, has withdrawn these items. -31- IT lot for a seven (7) unit residential condominium • d development. LOCATION: Lot 3, Tract No. 1237 located at 487 T Morning Canyon Road, on the U Staff advised the Commission that the applicant for Items No. 5 and 6 - Use Permit No. 2086 and Tentative Map of Tract No. 11806, has withdrawn these items. -31- IT COMM1551C)NtKS MINUTES June 24, 1982 m � m City of Newport Beach ROLL CALL Request to amend a previously approved use permit that rItem permitted the expansion of the existing Don Shir's Cafe facility with on -sale beer and wine and an off -site parking agreement for a portion of the required off - street parking spaces. This amendment requests the deletion of a previously imposed condition of approval that required 9 parking spaces be maintained at the USE PERMIT southwesterly corner of Park Avenue and Agate Avenue N0. 1 993 for the duration of the restaurant use. A variance is MENDED) also required so as to waive a portion of the required restaurant parking spaces. LOCATION: Lots 21 and 22, Block 9, Section 1, Balboa Island (Restaurant) located at 130 Agate Avenue; portion of 'Lot 19, APPROVED Block 7, Section 1, Balboa Island CONDI- (off -site parking lot) located at 133 TIONALLY Agate Avenue on Balboa Island. • _I I I I _I _I I I APPLICANT: Donald Dean, Balboa Island OWNER: Same as Applicant The public hearing opened in connection with this item and Mr. Donald Dean, the applicant, appeared before the Commission and requested approval of this item.' Mr. Larry Kenmore, resident of 205 Agate, stated that he frequents this restaurant facility and that there is adequate parking spaces for this use. Motion X Motion was made for approval of Use Permit No. 1893 (Amended), subject to the findings and condition of Exhibit "A ". Commissioner Balaiis expressed his concern that the parking requirements for this use be consistent with the requirements placed on other restaurants in the area. : Planning ,Director Hewicker stated that nine off -site parking spaces are currently required for the restaurant. He then referred to the in -lieu parking section of the Municipal Code, and stated that a III (III commercial use may use a Municipal lot, but it has to be so.located and within a reasonable proximity of the -32- -' — June 24, 1982 C m � m W n W City of Newport Beach business so as to be useful to the business. He stated that if the in -lieu parking were to be made a requirement of the project, a finding would have to be made that the location ,of this particular business, along with its proximity to the ferry landing, and the proximity of the Municipal lot, makes it a reasonable proposal. Planning Director Hewicker stated that the present in -lieu parking fee is $150.00 per space, per year. He stated that the applicant is currently paying $900.00 per year to the owner of the laundromat, across the street. He suggested that the Planning Commission may want to limit the number of off -site parking spaces in the Municipal lot, to not exceed what the applicant is currently paying. Commissioner Balalis stated that he is aware that many patrons of the restaurant walk or bicycle to the Amendment X facility. However, he stated that he is concerned with eliminating any precedent setting actions and amended the motion to reflect that the applicant be required to A t pted provide 4 in -lieu parking spaces. Chairman McLaughlin accepted this as an amendment to her motion. Commissioner Allen stated that since the applicant has found less expensive and closer parking spaces, she suggested an alternative that the applicant be required to provide 4 in -lieu parking spaces or 4 off -site spaces. Commissioner Winburn stated that she has seen the applicant's 'off -site parking spaces in the laundromat lot and stated that it would be nearly, impossible to park in one of those spaces. Commissioner Beek referred to prior testimony on this item and suggested that the required parking be reduced from nine parking spaces to two usable parking spaces. He stated that if the applicant is purchasing parking spaces, those spaces should be available to the customers. I I I I I I Planning Director Hewicker stated that the applicant is paying for off -site parking spaces which are not readily available. Mr. Robert Burnham, Assistant City Attorney,' stated that he is not aware of an approved, • ( I I I I I I I. off -site parking agreement between the applicant and -33- MINUTES INDEX COMMISSIONERS June 24, 1982 MINUTES � r c m � m m City of Newport Beach ROLL CALL I =1 I INDEX Substitute Motion Ayes Noes Absent i1 • the owner of the laundromat. Planning Director Hewicker stated that the applicant obtained an off -site parking agreement on the basis that he would have the use of the off -site lot across the street. X Substitute Motion was made to approve the use permit X X X X with no parking requirements, subject to the findings X and condition of Exhibit "A ", as follows, which ,t SUBSTITUTE MOTION CARRIED: FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the subject restaurant in this application, which circumstances and conditions do not generally apply to other commercial uses inasmuch as a majority of the restaurant patrons live on Balboa Island and walk or ride bicycles to the restaurant. 2. That the granting of a variance to the off - street parking requirement is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the required off -site parking is not used by the restaurant patrons although the applicant is required to provide such parking during all hours of operation. 3. The waiver of nine off- street parking space for the subject restaurant will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 4. That the existing and proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Land Use Plan and is compatible with surrounding land uses. -34- June 24, 1982 MINUTES 10 �z � r c m � m W m x w. City 6 Newport Beach ROLLCALLI 111 1111 1 INDEX • • 5. That the Police Department has indicated that they do not contemplate any problems. 6. The approval of Use Permit 1989 (Amended) 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 and be detrimental or injurious to. property and improvements in the neighborhood and the general welfare of the City. CONDITION: 1. That all previous applicable conditions of approval for Use Permit No. 1893 shall apply to this approval except that only two on -site parking spaces shall be required for the existing restaurant use. All remaining on -site parking spaces shall be used for the other existing residential and commercial uses on the property. * * x Request to install a 6 foot x 12 foot, double -faced advertising sign on a 9 foot high pole on a site in the Unclassified District where one pole sing currently exists. The Zoning Code permits.only one pole sign per site. LOCATION: A portion of the First Addition to the Newport Mesa Tract, located at 1526, Placentia Avenue, on the easterly side of Placentia Avenue between 15th Street and Production Place, in the West Newport Triangle. ZONE: Unclassified -35- Item #8 EXCEPTION RP UNI T— N0. 10 Continued to July 8, 1982 COMMSS014ERS MINUTES June 24, 1982 X r c m m F City of Newport Beach ROLL CALL I I I I I I I INDEX APPLICANT: Independent Outdoor Advertising, Los Angeles OWNER: Mary Morrison, Athens, Ohio Motion X At the request of the applicant, due to the lateness of All Ayes X X X X X the hour, Motion was made to continue this item to the Planning Commission Meeting of July 8, 1982, which MOTION CARRIED. Request to install a 6 foot x 12 foot, double - faced' off -site advertising sign mounted on an 8 foot high pole on property located in the C -1 -H District. • LOCATION: Lot 9, Tract No. 1136, located at 332 North Newport Boulevard, on the easterly side of North Newport Boulevard between Beacon Street and Catalina Drive, in the Old Newport Boulevard Specific Plan Area. ZONE: C =1 -H APPLICANT: Independent Outdoor Advertising, Los Angeles OWNER: Frances Mears, Newport. Beach Motion III IXIXIXI At the request of the applicant, due to the lateness of A11 Ayes X X X X the hour, Motion was made to continue this item to the Planning Commission Meeting of July 8, ,1982, which MOTION CARRIED. • x W x -36- �' Continued COMMISSIONERS MINUTES June 24, 1982 � r c ro m City of Newport Beach c a ® m ROLL CALL INDEX Request to resubdivide an existing single parcel of Item #10 land into four (4) parcels of land for office condominium development and one (1) parcel of land for a common parking area. r 1 U Motion All Ayes I XIXIXI* • LOCATION: Parcel 2 of Parcel Map 3 -25 ( Resubdivision No. 215), located at 2222 University Drive on the northeasterly RESUB- side of University Drive between Irvine'_ DID $ ON Avenue and the Orange County Flood NO. 728 Control Channel, in the West Upper sack Bay area. ZONE: A -P - APPLICANT: Bay Corporate Plaza Associates, Santa Ana OWNER: Same as applicant ENGINEER: - Hunsaker and Associates, Inc., Newport Beach' The public hearing opened in connection with this item and Mr. Arthur Strock, representing the applicant, appeared before the Commission and requested. approval of this item. He also discussed the background information on this request. Motion was made for approval of Resubdivision No. 728; subject to the findings and conditions of Exhibit "A ", as follows, which 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. , -37- � r c . m m c a n= m p D June 24, 1982 z CONDITIONS! ��• 1 1. That all previous applicable conditions of approval for Resubdivision No. 678 shall be conditions of approval for Resubdivision No. 728. 2,. That vehicular access be provided to the private storm drain manholes along the northerly boundary of the development. 3. That roadway slopes and slopes adjacent to the Santa Ana Delhi Channel be landscaped and maintained by developer. I` I I I I I I 4. That a restrictive covenant be recorded on the ` property which establishes Parcel No. 5 as a • non - buildable parcel and further that a note to that fact shall be placed on the recorded parcel map. 5. That an off -site parking agreement be executed to insure the mutual availability of parking for Parcel Nos. 1 -4. . • 6. That the project CC &R's appropriate language relative of operation and maintenance parking. Said language shall the City Attorney's office recordation of the parcel map. I" shall include to the method of the shared be approved by prior to the MINUTES INDEX n � r m C3 d City of June 24, 1982 t Beach ADDITIONAL BUSINESS This being his last meeting as Planning Commissioner, Commissioner Beek delivered his parting comments to the Planning Commission. Meeting was adjourned at 11:55 p.m., in Memory of Bill Harbeck, Chief Building Inspector. Joan Winburn, Secretary City of Newport Beach Planning Commission MINUTES INDEX 40 • EXHIBIT "A" RESOLUTION NO. 1082 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 574 AND RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT NO. 574. WHEREAS, prior to approving Amendment No. 574, the Planning Commission has considered the criteria for application of the Mobile Home Park Zone as set forth in Section 20.20.030 of the Municipal Code; and WHEREAS, the Mobile Home Park Zone is not inconsistent with the Land Use Element of the General Plan; and WHEREAS, the Housing Element of the General Plan states that it is the intent of the City to promote and assist in the development of housing for low- and moderate- income households through the establishment of a mobile home park zone; and WHEREAS, the City's Certified Land Use Plan of the Local Coastal Program shows the site of the proposed rezoning as "Multi - family Residential" development; and WHEREAS, the City's Certified Land Use Plan of the Local Coastal Program expresses the City's intent to preserve the DeAnza mobile home park use as a means of providing a variety of housing opportunities • within the City; and WHEREAS, the Planning Commission of the City of Newport Beach has held a public hearing and received and considered the comments of all persons expressing their concerns on this matter; and WHEREAS, this project has been determined to be categorically exempt from the requirements of the California Environmental Quality • Act (Section 15079.3); and qi WHEREAS, the City of Newport Beach is impowered, by virtue of its charter and the Constitution of the State of California, to enact land use ordinances and apply those ordinances to property within the corporate limits of the City of Newport Beach; and NOW THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Newport Beach that Amendment No. 574 be approved and recommended to the City Council for approval. Adopted this 24th day of June, 1982. J ecretary CTB:nma:pw 7/8/82 • 11 AYES Allen, Beek, Balalis, McLaughlin, Winburn NOES None ABSTAIN Kurlander ABSENT -2-