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HomeMy WebLinkAbout09/07/19780 COMMISSIONERS vas} yso�'p'LG9c 9y y ROLL CALL Present Absent Motion Ayes Absent Otion Ayes Absent MINUTES City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers q1 ' Time: 7:30 p.m. n.+.. Con +um V,c,+ 7 1078 X X X X X* X *Arrived at 7:40 p.m. EX- OFFICIO MEMBERS R. V. Hogan, Commu Hugh Coffin, Assis Benjamin B. Nolan, STAFF MEMBERS James D. Hewicker, David Dmohowski, A Joanne Bader, Secr X Minutes of the Reg X X X X X were approved as w X x X Minutes of the Reg X X X X X X were approved as w X Request to create permit the convers property into a tw complex. Location: Lot loc 471 nor and Zone: R -2 Applicant: Tri Ful Owner: 48t Par Engineer: San lo� � pity Development Director tant City Attorney City Engineer Assistant Director - Planning. dvance Planning Administrator atary * * * ular Meeting of August 3, 1978 ritten. . * * * ular Meeting of August 17, 1978 ritten.. * * * one parcel of land so as to ion of two dwelling units on the o -unit residential condominium INDEX 7, Block 47, River Section, nN6T---. ated at 218 48th Street and TrOFRI:Y 0 Neptune Avenue, on the theasterly corner of 48th Street Neptune Avenue in West Newport. -State Engineering Co.,. lerton h Street and Neptune, a Limited tnership, Irvine e as Applicant -1- COMMISSIONERS ROLL CALL Motion X Ayes X X X X Noes X Absent X City of Newport Beach September 7, 1978 Public hearing was opened.in connection with this item and William Belding, Attorney -at -Law, appeared before the Planning. Commission on behalf of the Owner and concurred with the findings and conditions set forth in the staff report. There being no others desiring to appear and be heard on this item, the public hearing was closed. MINUTES INDEX Motion was made that Planning Commission make the following 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 standpoi.nt. 3. That each of the tenants of the proposed condominium will be given 120 days written. notice of intention to convert prior to termination of tenancy due to the proposed conversion. 4. That each of the tenants of the proposed condominium will be given notice of exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. and approve Resubdivision No. 602, subject to the following conditions: 1. That a Parcel Map be filed. 2.. That there shall be submitted a declaration of Covenants, Conditions and Restrictions, setting forth an enforceable method of insuring the continued maintenance of the existing landscaping, fencing, residential structures and utility facilities as well -2- COMMISSIONERS . City of Newport Beach aa� by z September 7, 1978 ROIL CALL as a requirement for any enforceable method of rehabilitation or replacement of the structures on the site. In additio-n the C.C. &R.s shall also include, for prospective owners, disclosures regarding sound trans - mission between units.and the absence of sound attenuation materials or construction if such do not exist. The C.C. &R.s shall also include a disclosure of any common sew line or other common utilities found to service the condominium and the maintenance responsibilities of said utilities. Furthe more, the City shall not be held responsibl for any future problems with the subject utilities in conjunction with the proposed conversion. 3. That each tenant of the proposed condominiu shall be given 120 days written notice of intention to convert prior to termination. of tenancy due to the proposed conversion. A copy of said written notice shall be • provided to the Director of Community Development as evidence that this condition has been met. 4. That each of the tenants of the proposed condominium shall be given written notice o an exclusive right_ to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenan The right shall run for a period of not les than sixty days from the date of issuance of the subdivision public report issued pursuant to Section 11018.2 of the Business and Professional Code, unless the tenant gives prior written notice of his intention not to exercise the right. A copy of said written notice shall be provided to the Director of Community Development as eviden that this condition has been met. 5. That a licensed electrical, plumbing and mechanical contractor shall review existing systems and certify their condition to the . Building Official prior to conversion. 6. That all existing fire protection equipment -3- MINUTES ' INDEX er r- n , COMMISSIONERS ROLL CALL MINUTES City of Newport Beach September 7, 1978 such as but not limited to, wet stand pipes, fire extinguishers, fire sprinkler. systems, etc., shall be inspected prior to conversion. That existing geological and soil conditions shall be reviewed. Where evidence of questionable geological or soil conditions are found to exist, the Building Official shall have the authority to require new soils' investigations. 8. That all dwelling units shall be required to meet the minimum state standards for sound separation between dwelling units. 9. That all dwellings shall be provided with smoke detectors. 10. That consideration shall be given to . providing each. dwelling unit with a separate electrical service. 11. That two garage spaces shall be maintained for both of the two dwelling units at all times. 12.. That a 5 -foot radius corner cutoff be dedicated to the public. 13. That a 3 7foot wide P.C.C. sidewalk be constructed immediately behind-the curb on Neptune Avenue and in the corner cutoff area (construction of sidewalk in the.corner cut area will require that the existing patio be cut back and a portion of an existing fence relocated). 14. That a standard subdivision agreement and surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map before the public improvements are completed. Commissioner Beek opposed the motion as he felt that policies regarding condominium conversions should be established prior to taking action on conversion applications. -4- INDEX • 0 . . COMMISSIONERS MINUTES City of Newport Beach ROIL CALL • r, U September 7, 1978 Request.to establish seven parcels for office development and one parcel for common ingress and parking on "Office Site C" in.Koll Center Newport. Location: Parcel No. 1, Parcel Map 120 -44 (Resubdivision No. 579), located at 4700 MacArthur Boulevard, on the easterly side of MacArthur. Boulevard,. between Campus Drive and Birch Street in Koll Center Newport Zone: P -C Applicant: Genge Consultants, Irvine Owner: The Irvine Company, Newport Beach Engineer: Same as Applicant Assistant Director - Pl.anning Hewicker read a letter dated September 7,..1978 from Patrick Allen, of Langdon & Wilson Architects, to Everett Davis, President of Koll Center Newport which discussed the initial design review for the project in question. This letter recommended that the Preliminary Site Plan be approved with conditions as follows: 1). That alternate locations be studied for Buildings 1 and 6 which would place at least one parking module between the landscape setback and the building pad; 2) That an additional 62' setback be required for the two four -story buildings; 3) That the plan be reviewed by the City's Building Division to determine the minimum footprint lot to building line dimension required for the various types of construction . anticipated; 4) That consideration be given to setting the curb line two feet into the stall depth to act as a wheel stop; 5) that future submission be required for all preliminary and final site development plans, architectural building plans, exterior colors and materials,.and all exterior signing.. -5- INDEX Item #2 RESUBDI- p="O. APPROVED ORUN- — TTumy COMMISSIONERS City of Newport Beach s°y i September 7, 1978 ROLL CALL Public hearing was opened in connection with thi! item and Len McCory appeared before the Planning Commission on behalf of Campeau Corporation and concurred with the conditions of approval recom- mended by staff. With respect to the conditions of approval recommended by Langdon & Wilson Architects, Mr. McCory expressed his belief that the location of Buildings 1 and 6.on MacArthur Boulevard as submitted would provide a better street frontage than providing parking between the buildings and the street. Mr. McCory indicated, however, that if the Planning Commiss desires that the buildings be relocated as recommended by Langdon & Wilson, the Applicant would .submit to this revision. With respect to Langdon & Wilson's concern that the footprint lot lines depicted by the Preliminary Site Plan (typ. 15' from the building line) may not satisf; the Uniform Building Code requirements for non- bearing exterior walls and openings in exterior walls, Mr. McCory commented that he believes 15' is sufficient. He continued, however, that if the Plan requires a minor adjustment to accommod the 20' measurement, it can be done on the Tentative P1 &n. Dennis Nelson appeared before the Planning. Commission on behalf of the civil engineering consultants for Campeau Corporation and requeste clarification of the conditions of approval recommended by staff. Ida Williams, resident of Carona del Mar, appear before the Planning Commission in opposition to the.proposal. It.was Ms. Williams' belief that this proposal would be detrimental to the environment inasmuch as it would generate traffi and, consequently, add to the area's noise and pollution problems. Community Development Director Hogan explained that a provision in the P -C Text for Koll Center Newport states that precise plans should conforn to the requirements of this Planned Community Text and all other applicable Codes and regulati and shall be approved prior to submission by the Don Koll Company, Inc. In light of the fact_ that the Don Koll Company has not yet approved 't plans for this proposal, Mr. Hogan suggested tha perhaps the Planning Commission should consider continuing this item to allow time for the parti -6- MINUTES. INDEX iol ed C i on he t es • I COMMISSIONERS MINUTES o \� \� \\ City of Newport Beach u ROLL CALL Motion Ayes Noes Absent 49 September 7, 1978 to come .to an agreement or until it is evident that.an agreement cannot be reached. Len McCory reappeared before the Planning Commission. Mr. McCory expressed willingness to, abide by the conditions of approval suggested by Langdon & Wilson Architects, and requested that the Planning Commission approve this request at this time. Tim Strader, Senior Vice - President of the Don Koll Company, appeared before the Planning Commis- sion and requested that this item be continued to a later item on the agenda to allow time for, him to meet with the Applicant in an attempt to arrive at a mutually- satisfactory solution to this matter. Planning Commission granted Mr. Strader's request for continuance of this matter to a later item on the agenda. Deliberation on Resubdivision No. 603 resumed following Agenda Item No. 4 as follows: Tim Strader reappeared before the Planning Commission and advised that he reviewed the . proposal and the letter from Langdon & Wilson with the Applicant. Based upon the Applicant's statement. that they would be willing to accept the conditions recommended by Langdon & Wilson Architects as an additional condition of approval, Mr. Strader expressed that the Don Koll Company has no problem with this item. There being no others desiring to appear and be heard on this item, the .publi.c hearing was closed.. Motion was made that Planning Commission make the following 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. -7- Ki ly-i COMMISSIONERS MINUTES City of Newport Beach z y September 7, 1978 ROLL CALL 2. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivision .No. 603, subject to the following conditions of approval: 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 conditions of approval of Resub- division No. 579 be fulfilled. 4. That each parcel be provided with an individual water service and that the dome! tic water facilities be provided to the requirements and standards of the Irvine Ranch Water District. 5. That the location of on -site fire hydrants be reviewed and approved by the Fire Department. 6. That each parcel be provided with an individual sewer lateral in a manner acceptable to the Public Works Department. 7. That a master plan of sewer and water utilities and storm drain facilities be prepared and approved prior to recording of the Parcel Map. 8. That no buildings be constructed over existing utility easements and that all proposed buildings adjacent to existing utilities be constructed. in such a manner as to not impose additional loads on the utility lines. 9. That Parcel 8 be designated "Not a Buildin Site." 10. That a standard subdivision agreement and surety be provided to guarantee satisfacto completion of the public improvements if it is desired to record the Parcel Map before the public improvements are complet INDEX COMMISSIONERS MINUTES City of Newport Beach 0 ROLL CALL is September 7, 1978 11. That detailed landscaping plans, including a watering system and schedule.for installation, shall be prepared by a landscape architect and shall be subject to approval by the Director of Community Development and the Director of Parks, Beaches and Recreation. Said landscaping may consist of lawn; trees, shrubbery and other plant materials. The landscaping and watering system shall be installed in accordance with the approved plan and shall be properly maintained. Areas used for parking shall be screened from view or have the view interrupted by landscaping and /or fencing from access streets and adjacent properties. 12. That,there shall be submitted a declaration of covenants, conditions and restrictions setting forth an enforceable method of insuring the installation and continued maintenance of all common area improvements including, but not limited to, landscaping, ingress, egress and parking acceptable to the Department of Community Development, and in respect to legal enforceability, the City Attorney. 13. That all development standards of the Planned Community shall be met (i.e., allowa- ble building area, b.uilding setbacks, landscape requirements, parking, signs, etc.) 14. That the proposed development shall be approved by the Don Koll Company. . Commissioner Beek opposed the motion as he felt that this proposal would add a major development to the most heavily traffic - impacted portion of the City. Commissioner Beek felt that this projec is the type of development that the Traffic Phasing Ord.inance was intended to prevent and voiced concern that this project was exempted from the requirements of same because it is in a Planned Community. 10 INDEX COMMISSIONERS MINUTES City of Newport Beach F yes} y� pip 4c P . s t September 7, 1978 ROIL CALL Request to permit the construction of additional office and storage space in conjunction with the existing Newport Datsun and Beach Import automo- bile and service facilities on the property. Location: Parcel No. 1 of Parcel Map 64 -26 (Resubdivision No. 462), located at 848 and 888 Dove Street, on th southeasterly side of Dove Street southerly of Bowsprit Drive in Newport Place. Zone: P -C Applicant: James H. Parkinson, Newport Beach Owner: Same as Applicant Public hearing was opened in connection with this item and James Parkinson, Applicant,.appear before the Planning Commission and concurred wit the conditions of approval, set forth in the staff report. There being no others desiring to appear and be heard on this item, the public hearing was close Motion X Motion was made that Planning Commission make th Ayes X X X X X X following finding: Absent X 1. The proposed addition to the-automobile facilities substantially meets the property development standards of "Newport Place" (i.e., building setbacks, walls, building height, etc. except as noted in conditions) and is compatible with adjacent automobile sales and service complexes in the Planned Community. and approve Use Permit No. 1880, subject to the following conditions: 1. That development shall be in substantial conformance with-the plot plan and elevatio as revised by the following conditions. -10- INDEX , ed I • h d., e ns COMMISSIONERS City of Newport Beach September 7, 1978 ROLL CALL 1s 10 MINUTES if :h J- vel ara r . s ve on, he f7 INDEX Item. #4 USE PERMIT Nff_.TF$F_ APPS 2. That the landscape- irrigation plans as previously approved for the Jamboree Road frontage by Emkay Development Corporation and the Parks, Beaches, and Recreation Department be installed prior to issuance a building permit. 3. That five "customer parking ".spaces for ea( agency be clearly designated in 5" white bold letters on each space located in the front one -half of the lot. 4. That fourteen "employee parking" spaces foi Beach Imports and 27 "employee parking" spaces for Newport Datsun be clearly designated on each space in 5" white bold letters. 5. That a minimum 24' wide driveway and.aisle and the existing interior drive -thru be kept free and clear for automobile circ lation. 6. That these conditions and this permit be subject to extension review in one year by the Modifications Committee. Request to permit the installation of three tra directional signs for "Harbor Ridge." Location: Block 56, Irvine's Subdivision, located at 2501 MacArthur Boulev on the westerly side of MaeArthu Boulevard approximately 500 feet northerly of Ford Road, 1901 J.amboree Road, Block 56, Irvine' Subdivision, on the west side of Jamboree Road approximately 1200 feet south of Eastbluff Dri and Block 93, Irvine's Subdivisi 2300 San Joaquin Hills Road on t north side of San Joaquin Hills Road 250 feet west of San Miguel Zone: P -C, Unclassified Applicant: The Irvine Company, Newport Beac Owner: Same as Applicant -11.- MINUTES if :h J- vel ara r . s ve on, he f7 INDEX Item. #4 USE PERMIT Nff_.TF$F_ APPS COMMISSIONERS City of Newport Beach v�s� vs FA tic v O °y t September 7, 1978 ROLL CALL Public hearing was opened in connection with thi item and David Neish, of Urban Assist, Inc., appeared before the Planning Commission on behal of The Irvine Company. Mr. Neish expressed concurrence with the conditions of approval recommended by staff, but requested that a provision be added to same which would make it unnecessary for the Applicant to return to the Planning Commission for approval to add additior panels to Sign #3 for new developments which occur during the period of the existence of the Use Permit. There being no others desiring to appear and be heard on this item, the public hearing was clos( X Motion was made that Planning Commission make ti Motion X following findings: Ayes X X X X X Absent X 1. The project will not have any significant environmental impact. 2. Approval of Use Permit No: 1882 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 neighbl hood or be detrimental or injurious to property or improvements in the neighborhol or the general welfare of the City. and approve Use Permit No. 1882, subject to the following conditions: 1. That Sign #1 be revised to a single displa; of "Harbor Ridge." 2. That Sign #1 revised,. 2 & 3 be permitted fi a period of two years from the effective date of this permit. 3. That.Sign #3R, 7R and 8R be removed prior issuance of sign permits for Sign #1 . revised, 2 and 3. 4. That the three blank panels on both faces .i Sign #3 be removed.. . 5. That additional panels may be added to Sigi #3 for new developments which occur during -12- MINUTES INDEX s f r- id it E COMMISSIONERS MINUTES City of Newport Beach F vC0'F °2 2 September 7, 1978 ROLL CALL the period of the existence of the Use Permit with approval of the Community Development Director. Request to permit the temporary use of a modular building for a Pacific Federal Savings and Loan branch facility in Newport Center, and the accel tance of an environmental document. Location: Lot 22, Tract No. 6015, located 690 Newport Center Drive, on the northeasterly corner of Newport Center Drive and Santa Cruz Drivi in Newport Center. Zone:. C -O -H Applicant: Pacific Federal Savings and Loan • Association, Hollywood Owner: The Irvine Company, Newport Beacl Public hearing was opened in. connection with th item and Louis Loterett appeared before.the Planning Commission on behalf of the Applicant and concurred with the conditions of approval s forth-in the staff report. There being no others desiring to appear and be heard, the public hearing was closed, Motion X Motion was made that Planning Commission make t Ayes X X X X following findings: Noes X X Absent X 1. That the proposed use is consistent with. the Land Use Element of the General Plan. The temporary use of the proposed modular building will also be compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that t do not contemplate any problems., -13- INDEX Item #5 . USE PERMIT APPROVED ZFNUr--- i t MUM, i is et he hey COMMISSIONERS MINUTES _� 9 ; City of Newport Beach vs �P yon p September 7, 1978 ROLL CALL INDEX 4. The approval of Use Permit No. 1884 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 neigh- borhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. and. approve Use Permit No. 1884, subject to the following conditions of approval: 1. That development shall be in substantial conformance with the approved plot plan, floor pl.an and elevations, except as noted in Condition. No. 2. 2. That vehicular access to the project site shall be taken from Center Drive, a private street, or from an approved access driveway located on Newport Center Drive. • 3. That the proposed offstreet parking lot and related access drive shall be paved with. asphalt, plant mix, concrete, or other street surfacing material of a permanent nature. 4. That all signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code. However, convenience signs such as "entrance" "exit ", or other.directional signs shall have a maximum area of 6 sq. ft. per face. Said convenience signs shall not include the name or logo of the savings and loan use. 5. This permit shall extend for a period of three years, and any extension shall be subject to the approval of the Modifications Committee. 6. At such time as the use of the temporary, building ceases, the building shall be removed from the site. Said building shall not be sold or leased on the property.in question. Commissioner Beek opposed the motion as he felt that the proposal would increase the City's congestion problems. _14- COMMISSIONERS MINUTES City of Newport Beach September 7. 1978 ROIL CALL A proposed amendment to. the Planned Community Districts to revise the allowable development to be consistent with the capacity of the circulati system for the following P. -C District areas: 1. Big Canyon Area 10 2. Civic Plaza 3. Corporate Plaza 4. North Ford 5. Emkay Development 6. Koll Center Newport 7. Aeronutronic Ford 8. Westbay Site 9. Newporter North Site 10. Castaways Site 11. Newport Center Block 800 12. Coast Highway and Jamboree Site 13. Fifth Avenue Site 14. Newport Village Site • Initiated by: City of Newport Beach Community Development Director Hogan explained that the City Council directed that the Planninj Commission review the major commercial, industr• and residential Planned Community sites for possible reductions in allowable density. Mr. Hogan then explained how the 21.4% reduction figure, as set forth in the staff report, was. derived; i.e., it was based on an.overall 500,01 sq. ft. test reduction in Newport Center, which represented a 21.4% reduction in the existing maximum allowable floor area permitted under th zoning for Newport Center. This percentage was consequently applied to the other major.commerc and industrial sites. Public hearing was held individually on the various elements of this item as follows: Big Canyon Area 10 David Neish, of Urban Assist, Inc., appeared . before the Planning Commission on behalf of The Irvine Company and requested that an arbitrary reduction in intensity not be applied to the major parcels as proposed. Mr. Neish felt that each parcel should be considered separately and -15 -. INDEX Item #6 AMENDMENT .. CONTINUED TT— RPT$' 8 a1I. )0 1 fal COMMISSIONERS City of Newport Beach a September 7. 1978 ROLL CALL that the property owners should be given the opportunity to present their own ideas. Mr. Nei then questioned whether the City can legally, in all cases, make substantive changes to the approved P -C's inasmuch as they do comply with a Codes, regulations, and restrictions of :the City With respect to Mr. Neish's question-regarding the legality of the City altering the P -C's, Assistant City Attorney Coffin replied that the legality would depend on whether or not the property is vested. To make a determination as to whether property Is vested would involve. analyzing each project as to how.much has been accomplished in relation to what has been approved by the City. If property is not vested the City can make reasonable reductions or alterations to the zoning regulations regarding the permissible land use. If property is vested the City cannot take away that right without paying some form of consideration to the land owner who has a right to continue his project. Mr. Coffin added, however, that the definition c vesting under the Traffic Phasing Ordinance is broader than the definition of vesting under common law. Community Development Director Hogan explained that the City Council directed.that the Plannin< Commission review each of the Planned Communitif and make recommendations as to what the ultimat( development should be and what . the reductions should be, if any. He pointed out that after the Planning Commission makes its recommendatioi the matter will be referred to the City Council. It was Mr. Hogan's suggestion that perhaps the City Council should consider the possibility of any liability to the City at that time. In. thi! way the matter of vesting can be considered in conjunction with the Planning Commission's recommendation and the.City Attorney will.have I an opportunity to research. the matter. Commissioner Beek voiced concern that projects in a Planned Community district are exempted from the requirements of the Traffic Phasing Ordinance. Commissioner Beek felt that the Cit; Council is concerned that the developments in question were not subjected to the Traffic Phas Ordinance and that requirements for development should be uniform throughout the City. Commis- sioner Beek felt that consideration should be -16- MINUTES INDEX sh 11 I �s Is, iad Ing 0.1 COMMISSIONERS MINUTES City of Newport Beach t September 7. 1978 ROIL CALL given to .rezoning the parcels to the minimum legal density, i.e., R -1. Development applica- tions would then be reviewed under the Traffic Phasing Ordinance and this criterion would be used to determine whether or not more intensi should be allowed. Keith Greer appeared before the Planning Commission on behalf of The Irvine Company and commented that The Irvine Company would agree t¢ reducing the allowable development on Big Canyor Area 10 to 160 DU's. Mr. Greer pointed out that this reduction figure is not arbitrary and, in fact, represents a great deal of responsible planning. Mr. Greer then advised that the plan specifically provides for 160 adult townhomes, with private recreational facilities to serve those residents. Civic Plaza • No one in attendance testified on this item. Corporate Plaza No one in attendance testified on this item. North Ford No one in attendance. testified.on this item. Emkay Development Kevin Hanson appeared before the Planning Commission on behalf of Emkay Development Compai Mr. Hanson commented that almost all public improvements and utilities within Newport Place have been installed or bonded for and that Emkay and /or other parcel owners in Newport Plai have already voluntarily reduced their allowable square footage by 190,262,sq. ft. Therefore, Mr. Hanson advised that Emkay opposes any furthi reduction in allowed square footage in this P -C and most emphatically opposes an arbitrary 21.4' reduction. �. Bill Bell, Vice President.of Air California, appeared before the Planning Commission and commented that Air California owns a,parcel of -17- ly :e ar INDEX ■ ■ COMMISSIONERS MINUTES City of Newport Beach : September 7, 1978 ROLL CALL land within the Emkay Newport Place Planned Community. It was Mr. Bell's opinion that a reduction in allowable square footage on this parcel may seriously inhibit their planning for this parcel and deprive them of effective use of this property. Mr,. Bell felt that the proposed reductions would be both illegal and unfair to the property owners. In view of the foregoing, Mr. Bell urged that the reductions'.' not be approved. Koll Center Newport Tim Strader, Senior Vice President of the Don Koll Company, appeared before the Planning Commission and spoke in opposition to an arbitrary reduction figure being applied to the P -C's. Mr. Strader felt that each P -C should be considered individually and that voluntary reductions made by the land owners should be taken into consideration. Mr. Strader advised that on Block D of this P -C, which consists of approximately 19.6 acres, 333,200 sq. ft. of development was originally allowed; however, only 240,149 sq. ft. was actually developed for a density reduction of 93,051 sq. ft. Aeronutronic Ford David Neish, of Urban Assist, Inc., appeared before the Planning Commission on behalf of Aeronutronic Ford. Mr. Neish expressed Aeronu- tronic Ford's opposition to any reduction at this point for reasons expressed by previous speakers. He pointed out that there is 'a possibility that approximately 100 acres of thi site may be changed from an industrial use to a residential use. Mr. Neish.expressed that in the near future a tentative map and E.I.R. will come before the City which will allow ample opportunity to discuss what the.densities shoul be.' Planning Commission recessed at 9:4.5 p.m. and reconvened at 9:55 p.m. -18- INDEX • COMMISSIONERS City of Newport Beach September 7, 1978 . MINUTES ROLL CALL Westbay Site, Newporter North Site, Castaways Site New ort Center Brock 800 Coast Ni hwa and Jam oree Slte, Fifth venue Site ew ort Vi a e Site. Keith Greer appeared before the Planning Commission on behalf of The Irvine Company and advised that The Irvine Company does not have vested rights, or P -C's in effect, for the West - bay Site, Newporter North Site, Castaways Site, or the fifth Avenue Site. Mr. Greer then. expressed The Irvine Company's intention to develop the Westbay, Newporter North and Castaway, sites at a density of 5 DU's per acre, which is a substantial reduction from the existing -. permitted densities. Motion X Motion was made that Planning Commission continue Ayes X X X X X X the public hearing regarding Amendment.514 to X the meeting of September 21, 1978. A proposed amendment to the Land Use, Residential Growth, Circulation, and Recreation and Open . Space Elements to include the following: 1. Possible reduction in allowable intensity of development on the major commercial /industri undeveloped sites, including, but not limite to, the following: (a) Newport Center (b) Koll Center Newport (c) Emkay Newport Place (d) Castaways Commercial Site (e) Bayview Landing Site (f) Aeronutronic -Ford Industrial Site (g) San Diego Creek Site 2. Possible reduction in the number of dwelling units allowable on the major residential undeveloped sites, including, but not limited to, the following: (a) Aeronutronic -Ford Residential Site (b) Westbay Site (c) Newporter North (d) Freeway Reservations near MacArthur Boulevard -19- INDEX s Item #7 GENERAL L l�M F17�� a CONTINUED d y6- SHPT. 21 97T COMMISSIONERS � F ROLL CALL City of Newport Beach Spntpmhpr 7. 1978 MINUTES • INDEX ty (e) Fifth Avenue (f) Caltrans Parcels West Newport (g) Beeco Property (h) Vacant Residential parcel to the sout of Roger's Gardens (.i) Castaways Residential Site 3. Development of a phasing plan to coordinat, new development with planned improvements in the circulation system. 4. Revision of the existing density classifi- cation system to use numerical density categories. 5. Assessment of possible reductions in allowable development in terms of fiscal impacts and environmental considerations. Public hearing was held individually on the various elements of this item as follows: Commercial /Industrial Undeveloped Sites No one in attendance testified on these sites. Major Residential Undeveloped Sites Louise Greely appeared before the Planning Commission on behalf of the Newport Crest Home- owners Association and requested that the densi on the Caltrans West parcel be reduced to 4 DU' acre. Develo gent of a hasin Ian to coordinate new deve o ment with anne im rovements in the . circulation system. No one in attendance testified on this item. Revision of the existing density classification system to use numerical density categories. No one in attendance testified on this item. -20- MINUTES • INDEX ty COMMISSIONERS • � 9`�� vs aP8 c vo City of Newport Beach September 7, 1978 ROIL CALL Assessment of ossible reduction in allowable development in terms o_ fiscal impacts an environmental considerations. No one in attendance testified on this item. Bob Shelton appeared before the Planning Commission on behalf of The Irvine Company and requested that all parcels be considered individually and that their individual characteristics be taken into consideration.. Dorothy Parker, resident of Newport Beach, appeared before the Planning Commission and expressed her belief that Caltrans has not given Orange County the amount of money due it for the past four years. Therefore, Ms. Parker • recommended that the City or developers attempt to obtain more help from Caltrans to help aid the City's,road situation. Motion X Motion was made that Planning Commission continl Ayes X X X Y X the public hearing on General Plan Amendment Absent X 78 -2 to the meeting of September 21, 1978. Request to amend the Rules of Procedure of the Planning Commission changing the days of the regular meetings from the first.and third Thursdays of each month to the Thursday precedil the second and fourth Mondays of each month. Initiated by: City of Newport Beach Motion X Motion was made that Section VI of the Planning Ayes X X X X X X Commission's Rules of Procedure be. .amended to Absent X read as follows: "VI. TIM OF MEETINGS B. Regular meetings of the Commissioi shall be held on the Thursdays preceding the second and fourth Mondays of each month..." -21- MINUTES 31 9 INDEX Item #8 RULE RE.-Mn MG MTN- AMENDED COMMISSIONERS F O O < ROLL CALL Motion Ayes Absent Motion Ayes Absent MINUTES City of Newport Beach September 7, 1978 • INDEX Item #9 Request to clarify the Rules of Procedure of the Planning Commission, Section VII (Voting Procedure), relative to abstentions. RULES OF ROCEDURE V ING PR C R Initiated by: City of Newport Beach AMENDED a RIFI- X X X X X X X X Motion was made that Section VII of the Planning Commission's Rules of Procedure be amended to read as follows, for clarification purposes: CANON PWSES "VII. VOTING PROCEDURE A. ..A Commissioner who abstains from voting is counted as being present and in effect consents that a majority of those present and voting shall decide the the question voted upon." Item #10 Request to clarify. the Rules of Procedure of the Planning Commission, Section .X (Participation in Appeals to City Council). RULES OF MUM E RE. PTRTICI- Initiated by: City of Newport Beach PATION IN APPEALS TO MWE X X X X X X X X Motion was made that Section X of the .Planning Commission's Rules of Procedure be amended to read as follows, for clarification purposes: "X. PARTICIPATION IN APPEALS TO CITY COUNCIL AMENDED. MR - CAL RIFI -. TI N Individual members of the Planning PURRO SES Commission shall not participate in the presentation of matters ruled on by the Planning Commission unless specifically requested to do so by this Commission.or the City Council." Commissioner Beek commented that his affirmative vote on the clarification of Section X of the Planning Commission's Rules of Procedure does not indicate his concurrence with the content of same. -22- 'COMMISSIONERS • \ ROLL CALL • is City of Newport Beach \ September 7, 1978 There being no further business, Planning Commission adjourned at 10:50 p.m. GEORGE COKAS, Secretary city 0 Newport Beach Planning Commission -23- MINUTES INDEX