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HomeMy WebLinkAbout10/18/1984Present Absent 'VWbNUNEW) REGULAR PLANNING COMMISSION MEETING MINUTES x x - PLACE: City Council Chambers, f y a v m- TIME: 7 :30 p.m. 'i c m m s DATE: October 18, 1984 z m 2 a=� City of Newport Beach c= N o r O O x I Ix Absent Ix lx�xlx Motion Ayes Absent • x x x Commissioner Koppelman was absent EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Dee Edwards, Secretary Minutes of October 4, 1984 Motion was made for approval of the minutes of the Planning Commission meeting of October 4, 1984, with corrections made to the minutes on pages 13 and 14, which MOTION CARRIED. Requests for Continuances Staff recommended that Agenda Item No. 4 (Resubdivision No. 789, Use Permit No. 3112, and Variance No. 1117) and Item No. 6 (Use Permit No. 1897 (Amended) and Use Permit No. 3116) be continued to the Planning. Commission meeting of November 8, 1984. Motion was made to continue Items No. 4 and 6 to November 8, 1984, which MOTION CARRIED. General Plan Amendment 84 -2 (Discussion) Consideration of initiation of a.General Plan Amendment for the United States Post Office site on Camelback Street in the North Ford Planned Community. Planning Director Hewicker informed the Planning Commission that the purpose of this item is to INDEX Item No.l General Plan Amendment 84 -2 Approved x I Ix Absent Ix lx�xlx Motion Ayes Absent • x x x Commissioner Koppelman was absent EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Dee Edwards, Secretary Minutes of October 4, 1984 Motion was made for approval of the minutes of the Planning Commission meeting of October 4, 1984, with corrections made to the minutes on pages 13 and 14, which MOTION CARRIED. Requests for Continuances Staff recommended that Agenda Item No. 4 (Resubdivision No. 789, Use Permit No. 3112, and Variance No. 1117) and Item No. 6 (Use Permit No. 1897 (Amended) and Use Permit No. 3116) be continued to the Planning. Commission meeting of November 8, 1984. Motion was made to continue Items No. 4 and 6 to November 8, 1984, which MOTION CARRIED. General Plan Amendment 84 -2 (Discussion) Consideration of initiation of a.General Plan Amendment for the United States Post Office site on Camelback Street in the North Ford Planned Community. Planning Director Hewicker informed the Planning Commission that the purpose of this item is to INDEX Item No.l General Plan Amendment 84 -2 Approved Motion Ayes Absent • is X October 18, 1984 of Newport Beach recommend to the City Council whether the General Plan Amendment should be initiated. Mr. Fred Underwood, representing Mr. Irwin Sherrick of the U. S. Postal Service, advised the Planning Commission that the Postal Service is requesting a General Plan Amendment to re- establish development rights and land uses that were permitted on -site prior to 1979. Mr. Underwood stated that there is no record that the Postal Service approved the elimination of said property rights. Mr. Irwin Sherrick informed the Planning Commission that he would be willing to answer any questions that they may have regarding the proposed Amendment. Commissioner Turner made a motion that the Planning Commission recommend to the City Council that staff be directed to set the amendment for public hearing before the Planning Commission after preparation of any necessary environmental documents, which MOTION CARRIED. A. Use Permit No. 3115 (Continued Public Hearing) Request to permit the reconstruction and expansion of the existing Fun Zone property in the C -1 District to include the removal of the existing buildings and the construction of four new single story buildings which will include expanded facilities for retail sales, take -out restaurants and related outdoor seating, outdoor flower sales, and the continuation of the arcade, ferris wheel and carousel attractions. The proposal also includes the following: a request to pay an annual in -lieu fee to the City for a portion of the required off - street parking spaces; an exception to the Sign Ordinance so as to allow the construction of three metal arched roof signs with Tivoli lighting; the approval of architectural roof -top cupolas that exceed the basic 26 foot height limit, and the acceptance of an enviornmental document. AND B. Variance No. 1116 (Continued Public Hearing) Request to waive a portion of the required off - street parking spaces and to permit a Ferris wheel in the public boardwalk to exceed a height of. 35 feet in the 26/35 Foot Height Limitation District. 2 MINUTES Item No.2 1 Use Permit No. 3115 Variance No. 1116 Resubdivi- sion No. 724 Continued to Nov.8,1984 a x ... = o iy a v m ,o r v z = m m z W 9 = r 2 = z z w v$ O O 0 Z m m a r T 2 9 z S A 2 r m X October 18, 1984 of Newport Beach recommend to the City Council whether the General Plan Amendment should be initiated. Mr. Fred Underwood, representing Mr. Irwin Sherrick of the U. S. Postal Service, advised the Planning Commission that the Postal Service is requesting a General Plan Amendment to re- establish development rights and land uses that were permitted on -site prior to 1979. Mr. Underwood stated that there is no record that the Postal Service approved the elimination of said property rights. Mr. Irwin Sherrick informed the Planning Commission that he would be willing to answer any questions that they may have regarding the proposed Amendment. Commissioner Turner made a motion that the Planning Commission recommend to the City Council that staff be directed to set the amendment for public hearing before the Planning Commission after preparation of any necessary environmental documents, which MOTION CARRIED. A. Use Permit No. 3115 (Continued Public Hearing) Request to permit the reconstruction and expansion of the existing Fun Zone property in the C -1 District to include the removal of the existing buildings and the construction of four new single story buildings which will include expanded facilities for retail sales, take -out restaurants and related outdoor seating, outdoor flower sales, and the continuation of the arcade, ferris wheel and carousel attractions. The proposal also includes the following: a request to pay an annual in -lieu fee to the City for a portion of the required off - street parking spaces; an exception to the Sign Ordinance so as to allow the construction of three metal arched roof signs with Tivoli lighting; the approval of architectural roof -top cupolas that exceed the basic 26 foot height limit, and the acceptance of an enviornmental document. AND B. Variance No. 1116 (Continued Public Hearing) Request to waive a portion of the required off - street parking spaces and to permit a Ferris wheel in the public boardwalk to exceed a height of. 35 feet in the 26/35 Foot Height Limitation District. 2 MINUTES Item No.2 1 Use Permit No. 3115 Variance No. 1116 Resubdivi- sion No. 724 Continued to Nov.8,1984 • • COMMISSIONERS AND C. Resubdivision No. 724 Request to revise a previously approved resubdivision which established a single building site and removed interior property lines where eight parcels presently exist. The proposed revisions include the applicant's request to revise or delete previous conditions of ap- proval in conjunction with a revised concept of development for the Fun Zone property. LOCATION: Lots 1 through 7, Block B,.Bayside Tract, and portions of Section 35, Township G South, Range 10 West, San Bernardino Meridian, located at 600 Edgewater Avenue, bounded by East Bay Avenue, Washington Street, Palm Street and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANT: Yavar Industries, R.E., Newport Beach OWNER: Same as applicant Commissioner Person stepped down from 'the dais and refrained from deliberation on this agenda item due to a potential conflict of interest. Commissioner Goff informed the Planning Commission that he has read the October 4, 1984, Planning Commission minutes and is prepared to participate in this Planning Commission meeting action. Planning Director Hewicker stated that the purpose of the continued public hearing from the October 4, 1984, meeting was for the applicant to provide 35 off - street parking spaces that would be desirable to the Planning Department staff and the Planning Commission and, to ascertain if the easement parallel to the bulkhead could accommodate the ferris wheel. Mr. Hewicker also stated that the applicant has submitted three off- street parking locations which are contained in the staff report. M MINUTES INDEX x October 18, 1984 c o Z c m m i C= 9 H O x O O m T City of Newport Beach 9 2 m AND C. Resubdivision No. 724 Request to revise a previously approved resubdivision which established a single building site and removed interior property lines where eight parcels presently exist. The proposed revisions include the applicant's request to revise or delete previous conditions of ap- proval in conjunction with a revised concept of development for the Fun Zone property. LOCATION: Lots 1 through 7, Block B,.Bayside Tract, and portions of Section 35, Township G South, Range 10 West, San Bernardino Meridian, located at 600 Edgewater Avenue, bounded by East Bay Avenue, Washington Street, Palm Street and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANT: Yavar Industries, R.E., Newport Beach OWNER: Same as applicant Commissioner Person stepped down from 'the dais and refrained from deliberation on this agenda item due to a potential conflict of interest. Commissioner Goff informed the Planning Commission that he has read the October 4, 1984, Planning Commission minutes and is prepared to participate in this Planning Commission meeting action. Planning Director Hewicker stated that the purpose of the continued public hearing from the October 4, 1984, meeting was for the applicant to provide 35 off - street parking spaces that would be desirable to the Planning Department staff and the Planning Commission and, to ascertain if the easement parallel to the bulkhead could accommodate the ferris wheel. Mr. Hewicker also stated that the applicant has submitted three off- street parking locations which are contained in the staff report. M MINUTES INDEX NWAISSIONERS MINUTES INDEX Mr. Hewicker stated that the Municipal Code provides three ways in which an applicant can satisfy the required parking requirements: (1) to provide all on -site parking; (2) to provide off -site parking at another location and within a reasonable distance, and to provide an off -site parking agreement with the owner for a time period agreeable to both parties; and (3) to pay for in -lieu parking spaces in a Municipal lot that is within a reasonable distance of the development and when the lot has available spaces for that particular development. Spaces can be currently acquired for $150.00 per space in a Municipal parking lot. Mr. Hewicker stated that the Planning Commission cannot condition that all of the parking must be on -site. Mr. Hewicker stated that the three alternative options to the Planning Commission are: (1) to approve the findings and conditions of approval of the staff report including Condition No. 24 which states that the applicant shall provide 35 parking spaces with the • approval of the City Council and the Planning Commission; (2) that the public hearing should be renoticed if the Planning Commission is considering the applicant's proposed three off -site parking locations. If the three locations that the applicant has submitted are not acceptable to the Planning Commission, then the applicant should be informed what is desirable by the Planning Commission under the existing rules; or (3) to deny the application. A new ferris wheel and carousel have been recommended by the Planning Department; however, the applicant has stated that it is possible to up -grade the ferris wheel with new parts, which is satisfactory to the staff. Mr. Hewicker informed the Planning Commission that there is no state agency that controls carnival -type rides when the rides are. in a fixed location. In response to Commissioner Goff's inquiry regarding a safety recommendation, Mr. Hewicker stated that the staff would have required a condition that the ferris wheel be inspected and licensed in accordance with a state, federal or city regulation; however, to the staff's knowledge there is no existing regulation. Assistant City Attorney Gabriele informed Commissioner Goff that in the event of a Ferris wheel accident, the City could be named as a co- defendent in addition to the operator of the ferris wheel, the manufacturer, and /or the landowner /developer. Mr. Gabriele further m October 18, 1984 c o x z c m o m z C Z N om; p p City of Newport Beach Y 9 m INDEX Mr. Hewicker stated that the Municipal Code provides three ways in which an applicant can satisfy the required parking requirements: (1) to provide all on -site parking; (2) to provide off -site parking at another location and within a reasonable distance, and to provide an off -site parking agreement with the owner for a time period agreeable to both parties; and (3) to pay for in -lieu parking spaces in a Municipal lot that is within a reasonable distance of the development and when the lot has available spaces for that particular development. Spaces can be currently acquired for $150.00 per space in a Municipal parking lot. Mr. Hewicker stated that the Planning Commission cannot condition that all of the parking must be on -site. Mr. Hewicker stated that the three alternative options to the Planning Commission are: (1) to approve the findings and conditions of approval of the staff report including Condition No. 24 which states that the applicant shall provide 35 parking spaces with the • approval of the City Council and the Planning Commission; (2) that the public hearing should be renoticed if the Planning Commission is considering the applicant's proposed three off -site parking locations. If the three locations that the applicant has submitted are not acceptable to the Planning Commission, then the applicant should be informed what is desirable by the Planning Commission under the existing rules; or (3) to deny the application. A new ferris wheel and carousel have been recommended by the Planning Department; however, the applicant has stated that it is possible to up -grade the ferris wheel with new parts, which is satisfactory to the staff. Mr. Hewicker informed the Planning Commission that there is no state agency that controls carnival -type rides when the rides are. in a fixed location. In response to Commissioner Goff's inquiry regarding a safety recommendation, Mr. Hewicker stated that the staff would have required a condition that the ferris wheel be inspected and licensed in accordance with a state, federal or city regulation; however, to the staff's knowledge there is no existing regulation. Assistant City Attorney Gabriele informed Commissioner Goff that in the event of a Ferris wheel accident, the City could be named as a co- defendent in addition to the operator of the ferris wheel, the manufacturer, and /or the landowner /developer. Mr. Gabriele further m r� L J • COMPAISSIONERS stated that if there are no regulations that govern the rides, then the City does not have a specific duty to mechanically inspect the equipment. Mr. Gabriele cited the two conditions that are currently written into the staff report wherein the conditions state that the applicant must provide insurance and an indemnity agreement prior to the issuance of the use permit. Mr. Hewicker further suggested that it is possible that the easement could be re- recorded over the existing easement which would allow the grantor to place the ferris wheel in that particular area and, thereby would no longer be a part of the easement. Commissioner Turner queried Mr. Gabriele.if a document could be drafted that would absolve the City of all liability? Mr. Gabriele answered by stating that the City Attorney's office is recommending an interim proposal that a designated easement area be used solely for the ferris wheel and that the original grantors would maintain 1008 interest in that land and the City would no longer be liable. The indemnification agreement and adequate insurance are ways to protect the public right -of -way. A condition could be added regarding quality control of the ferris wheel, however, this would have to be monitored. Commissioner Turner opined that it is possible that a structural engineer could be hired by the City to monitor periodic inspections. Mr.Gabriele stated that the decision to monitor the ferris wheel and which Department within the City that would be responsible to monitor the inspections is at the discretion of the Planning Commission. In answer to Commissioner Turner's inquiry, Mr. Webb and Mr. Hewicker stated that they did not know if there are any available records stating previous injuries or accidents at the Fun Zone. Commissioner Eichenhofer inquired if it is possible that the ferris wheel manufacturer could service and inspect the ferris wheel on a periodic basis? Mr.Gabriele stated it is very difficult to govern or monitor these inspections. City Engineer Webb responded to Chairman Winburn's question regarding Condition No. 23 in Exhibit "A" of the staff report stating that the $15,000 will be utilized to beautify the Washington Street area. Commissioner Goff confirmed with Mr. Webb that the monies could also be applied towards .a tram shuttle study. 5 MINUTES October 18, 1984 C o n x y v m z C m M Z c z Z w o g m> o 0 a = City of Newport Beach Z m stated that if there are no regulations that govern the rides, then the City does not have a specific duty to mechanically inspect the equipment. Mr. Gabriele cited the two conditions that are currently written into the staff report wherein the conditions state that the applicant must provide insurance and an indemnity agreement prior to the issuance of the use permit. Mr. Hewicker further suggested that it is possible that the easement could be re- recorded over the existing easement which would allow the grantor to place the ferris wheel in that particular area and, thereby would no longer be a part of the easement. Commissioner Turner queried Mr. Gabriele.if a document could be drafted that would absolve the City of all liability? Mr. Gabriele answered by stating that the City Attorney's office is recommending an interim proposal that a designated easement area be used solely for the ferris wheel and that the original grantors would maintain 1008 interest in that land and the City would no longer be liable. The indemnification agreement and adequate insurance are ways to protect the public right -of -way. A condition could be added regarding quality control of the ferris wheel, however, this would have to be monitored. Commissioner Turner opined that it is possible that a structural engineer could be hired by the City to monitor periodic inspections. Mr.Gabriele stated that the decision to monitor the ferris wheel and which Department within the City that would be responsible to monitor the inspections is at the discretion of the Planning Commission. In answer to Commissioner Turner's inquiry, Mr. Webb and Mr. Hewicker stated that they did not know if there are any available records stating previous injuries or accidents at the Fun Zone. Commissioner Eichenhofer inquired if it is possible that the ferris wheel manufacturer could service and inspect the ferris wheel on a periodic basis? Mr.Gabriele stated it is very difficult to govern or monitor these inspections. City Engineer Webb responded to Chairman Winburn's question regarding Condition No. 23 in Exhibit "A" of the staff report stating that the $15,000 will be utilized to beautify the Washington Street area. Commissioner Goff confirmed with Mr. Webb that the monies could also be applied towards .a tram shuttle study. 5 MINUTES COMPAISSIONERS MINUTES .y� ■ F x '" October 18, 1984 The public hearing opened in connection with this item C o and Mr. Rick Dayton, Dayton & Associates - Architects, - 9 9 m C z c m o m z C a 0 p; m 0 0 Dayton stated that the applicant approves the findings City of Newport Beach A 2 Dayton further stated that the applicant is willing to .y� ■ The public hearing opened in connection with this item and Mr. Rick Dayton, Dayton & Associates - Architects, 224' Sapphire, Balboa Island, representing the applicant, appeared before the Planning Commission. Mr. Dayton stated that the applicant approves the findings and conditions in Exhibit "A "of the staff report. Mr. Dayton further stated that the applicant is willing to enter into a liability agreement between the applicant and the insurance agent in conjunction with the operation of the ferris wheel. Mr. Dayton commented that the insurance company will require safety inspections and the proposed operators of the ferris wheel who operated the attraction during the 1960's have stated that they will require CAL -OSHA inspections. Mr. Dayton stated that the request to provide 35 on -site parking spaces or parking spaces in an adjacent parking lot are not possible with the present architectural concept. The roof -top parking is not a viable plan, and the underground parking is not • possible considering the sand and flood conditions in the area. Mr. Dayton opined that based on 350 -400 sq. ft per car for 35 cars, the total parking lot required would be approximately 12,000 sq. ft. and it is Mr.Dayton's opinion that the project would not be feasible if this size of a parking lot would be required because there is not that amount of space available in the area. Mr. Dayton described how the three proposed off -site parking sites that the applicant has proposed could be workable. Sites No. 1 and 3 in the staff report, located at 209 Washington Street and 603 E. Balboa Boulevard, would each have 12 tandem parking spaces for the employees. Site No. 2 at 204 Washington St. is in an existing warehouse that would contain 6 tandem parking spaces. Mr.Dayton stated that the applicant does not feel the front and side walls of the warehouse should be removed as recommended in the staff report. The total parking spaces of the 3 sites is 30 instead of the required 35 spaces. Mr. Dayton responded to Commissioner Turner's inquiry that in the event the City Council and the Planning Commission approved the current sites, which total 30 • parking spaces, that the applicant would be willing to return at a later date with an additional 5 parking spaces. Chairman Winburn confirmed with Mr. Hewicker .y� ■ COMMISSIONERS MINUTES INDEX X x "' October 18, 1984 c o providing the 35 parking spaces and that the parking i a v m spaces would have to be located on specific sites. y r v The public hearing was closed at this time. z c m m z City Attorney Gabriele opined that if the Planning C_ 9 D o s m> O T O City of Newport Beach 9 2 m the 3 off -site parking lots, which total 30 parking INDEX 7 that the Planning Commission may approve the project providing the 35 parking spaces and that the parking spaces would have to be located on specific sites. The public hearing was closed at this time. City Attorney Gabriele opined that if the Planning Commission is satisfied with the staff's proposal of the 3 off -site parking lots, which total 30 parking spaces, then it is possible that the Commissioners could inform the applicant of their approval or disapproval of the proposed three sites, and of the project. The applicant may then return at a later date with an additional 5 more parking spaces which would accommodate the total 35 parking spaces. City Engineer Webb replied to Planning Chairman Winburn's question that one of his concerns of Parking Site No. 3 is the Balboa Boulevard exit wherein the cars would be exiting onto a street that has very heavy traffic. Mr. Webb also explained to Chairman Winburn • that the purpose for widening the warehouse garage doors and removing the walls is for visual safety. Commissioner Turner stated that mirrors have been used in the Los Angeles area to assist in the traffic hazard areas. Mr. Webb stated that mirror vandalism could be a problem.. Other possible solutions would be to install a flashing light; to widen the sidewalk; a warning sign; or the parking attendant may be able to assist in the traffic area. Mr. Hewicker responded to Chairman Winburn that if the Planning Commission made a motion to approve the project subject to the findings and conditions recommended by staff and further stating that the applicant return at a future time with an acceptable off -site parking program, then the Planning Commission has stated that they approve the project but not the parking, in which case the use permit would not be effective and the project would not be able to go to the Coastal Commission. If the Planning Commission feels that the parking sites are workable, however, then a motion could be made to instruct the staff to notice the property owners surrounding the sites, return with appropriate conditions that make the sites useable, and to continue these items to the Planning Commission Meeting of November 8, 1984. Commissioner . Turner opined that if the applicant can provide 35 7 Motion E 0 x October 18, 1984 Beach acceptable parking spaces to the City and staff, then the Planning Commission should approve the application. Commissioner Turner moved that the Planning Commission approve Use Permit No. 3115 in accordance with the Findings and Conditions of Approval in Exhibit "A ". Chairman Winburn opined that Commissioner Turner's motion states that the proposed 30 parking spaces are acceptable to the Planning Commission and the applicant return with an additional 5 parking spaces. Commissioner Turner clarified the motion by stating that the 30 spaces are a part of Condition No. 24, and the applicant should return with an additional 5 spaces. Mr. Hewicker explained that the three parking lots have not been noticed and therein not a part of the application, that the motion should be to continue the public hearing to November 8, 1984, and to instruct the staff to renotice and return with the appropriate findings and conditions governing the use permit and the use of the three proposed parking lots. The Planning Commission would be able to approve the project in its entirety at that time. Commissioner Eichenhofer queried if the parking spaces will have to be renoticed. Turner cited that if the applicant had parking spaces at this meeting, the 35 have had to be renoticed and the applica had to return at a later date. 5 additional Commissioner submitted 35 spaces would nt would have Commissioner Kurlander recommended a continuance of the public hearing, the staff to renotice the partial parking sites, and that the applicant return with an additional 5 parking spaces. Mr. Gabriele opined that Mr. Hewicker stated that to accept the proposed three off -site parking sites without the benefit of input from the surrounding landowners who would be noticed for the November 8, 1984 meeting, and the staff's findings and conditions, it places the Planning Commission in an awkward position of possibly reconsidering what may possibly be proposed at the meeting on November 8, 1984. Commissioner Turner explained his motion by stating that he would accept Condition No. 24 subject to a public hearing. 3 MINUTES INDEX X x c o x _ r > v m z c M m Z m s M z a Z r 0 x Z m o m a r r City of 2 9 = y 2. T m x October 18, 1984 Beach acceptable parking spaces to the City and staff, then the Planning Commission should approve the application. Commissioner Turner moved that the Planning Commission approve Use Permit No. 3115 in accordance with the Findings and Conditions of Approval in Exhibit "A ". Chairman Winburn opined that Commissioner Turner's motion states that the proposed 30 parking spaces are acceptable to the Planning Commission and the applicant return with an additional 5 parking spaces. Commissioner Turner clarified the motion by stating that the 30 spaces are a part of Condition No. 24, and the applicant should return with an additional 5 spaces. Mr. Hewicker explained that the three parking lots have not been noticed and therein not a part of the application, that the motion should be to continue the public hearing to November 8, 1984, and to instruct the staff to renotice and return with the appropriate findings and conditions governing the use permit and the use of the three proposed parking lots. The Planning Commission would be able to approve the project in its entirety at that time. Commissioner Eichenhofer queried if the parking spaces will have to be renoticed. Turner cited that if the applicant had parking spaces at this meeting, the 35 have had to be renoticed and the applica had to return at a later date. 5 additional Commissioner submitted 35 spaces would nt would have Commissioner Kurlander recommended a continuance of the public hearing, the staff to renotice the partial parking sites, and that the applicant return with an additional 5 parking spaces. Mr. Gabriele opined that Mr. Hewicker stated that to accept the proposed three off -site parking sites without the benefit of input from the surrounding landowners who would be noticed for the November 8, 1984 meeting, and the staff's findings and conditions, it places the Planning Commission in an awkward position of possibly reconsidering what may possibly be proposed at the meeting on November 8, 1984. Commissioner Turner explained his motion by stating that he would accept Condition No. 24 subject to a public hearing. 3 MINUTES INDEX Substitute Motion I-1 U Ayes Absent • X October 18, 1984 of Newport Beach Mr. Hewicker interpreted Commissioner Turner's motion as stating that Commission Turner is in favor of the proposed development, the three parking lots as proposed, and will conclude with the off -site parking problem at a later date. Commissioner Turner confirmed this statement. `Mr. Hewicker explained that in the event the public hearings are closed in conjunction with the proposed use permit, variance, and resubdivision, the only issue remaining would be off -site parking, so that at a later date when the public hearing is opened for said off -site parking lots, the Planning Commission would not be able to add additional conditions regarding other facets of the applications. Commission Kurlander made a substitute motion to continue the public hearing to November 8, 1984, with the determination that the Planning Commission approves the project in concept, but that the applicant must present 35 off -site parking spaces that are acceptable to the staff. Commissioner Kurlander also requested that the applicant present any additional available information regarding the ferris wheel at the continued public hearing. Planning Director Hewicker stated that there must be an indication from the applicant of his willingness to continue the resubdivision. Mr. Dayton queried if the 5 additional parking spaces would have to be renoticed at a later date. Mr. Hewicker explained that if the applicant submitted these 5 spaces within the next week it would not be necessary, inasmuch as said parking spaces could be noticed prior to the November 8, 1984 meeting. Chairman Winburn stated to Mr. Dayton that there is not much of a possibility that the Commission would consider in -lieu parking. Commission Turner stated that if the applicant accepts the postponement, the original motion will be withdrawn. Mr. Dayton indicated that the applicant had no objections to the continuance. The substitute motion was now voted on, which MOTION CARRIED. * x r Planning Commission recessed at '8:55 p.m. and reconvened at 9:05 p.m. E MINUTES INDEX c o � £ a a z m> z C m z W a a z r n x C= 0 C i O O W m 0 m a r n 2 a z a a T m X October 18, 1984 of Newport Beach Mr. Hewicker interpreted Commissioner Turner's motion as stating that Commission Turner is in favor of the proposed development, the three parking lots as proposed, and will conclude with the off -site parking problem at a later date. Commissioner Turner confirmed this statement. `Mr. Hewicker explained that in the event the public hearings are closed in conjunction with the proposed use permit, variance, and resubdivision, the only issue remaining would be off -site parking, so that at a later date when the public hearing is opened for said off -site parking lots, the Planning Commission would not be able to add additional conditions regarding other facets of the applications. Commission Kurlander made a substitute motion to continue the public hearing to November 8, 1984, with the determination that the Planning Commission approves the project in concept, but that the applicant must present 35 off -site parking spaces that are acceptable to the staff. Commissioner Kurlander also requested that the applicant present any additional available information regarding the ferris wheel at the continued public hearing. Planning Director Hewicker stated that there must be an indication from the applicant of his willingness to continue the resubdivision. Mr. Dayton queried if the 5 additional parking spaces would have to be renoticed at a later date. Mr. Hewicker explained that if the applicant submitted these 5 spaces within the next week it would not be necessary, inasmuch as said parking spaces could be noticed prior to the November 8, 1984 meeting. Chairman Winburn stated to Mr. Dayton that there is not much of a possibility that the Commission would consider in -lieu parking. Commission Turner stated that if the applicant accepts the postponement, the original motion will be withdrawn. Mr. Dayton indicated that the applicant had no objections to the continuance. The substitute motion was now voted on, which MOTION CARRIED. * x r Planning Commission recessed at '8:55 p.m. and reconvened at 9:05 p.m. E MINUTES INDEX • Motion Ayes Absent X X x October 18, 1984 Beach Resubdivision No. 788 (Public Hearing) Request to resubdivide an existing parcel of land into two parcels for office development and related offstreet parking. LOCATION: Parcel No. 1 of Parcel Map No. 83 -705 ( Resubdivision No. 742), located at 1500 Dove Street, northerly of Newport Place Drive between MacArthur Boulevard and Dove Street, in the Newport Place Planned Community. ZONE: P -C APPLICANTS: Gerrity Co. and Wickstrand Development Co., La Jolla OWNER: Stuart M. Ketchum, Los Angeled ENGINEER: Robert Bein, William Frost & Associates, Newport Beach The public hearing opened in connection with this item and Mr. John Richards of Bein, Frost & Associates, appeared before the Planning Commission. Mr. Richards stated that the applicant is in agreement with the findings and conditions in the staff report. The public hearing closed at this time. Commissioner Kurlander made a motion to approve Resubdivision No. 788, subject to the findings and conditions of Exhibit "A ", 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. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access 10 MINUTES Item No.3 ' Resubdivi -I sion No. 788 Approved Condition - ally x x c O O 2 _ a 9 m C z c m o m z a s `a0°$° a z r 2 °City of Z M 2 m a X z i m X X x October 18, 1984 Beach Resubdivision No. 788 (Public Hearing) Request to resubdivide an existing parcel of land into two parcels for office development and related offstreet parking. LOCATION: Parcel No. 1 of Parcel Map No. 83 -705 ( Resubdivision No. 742), located at 1500 Dove Street, northerly of Newport Place Drive between MacArthur Boulevard and Dove Street, in the Newport Place Planned Community. ZONE: P -C APPLICANTS: Gerrity Co. and Wickstrand Development Co., La Jolla OWNER: Stuart M. Ketchum, Los Angeled ENGINEER: Robert Bein, William Frost & Associates, Newport Beach The public hearing opened in connection with this item and Mr. John Richards of Bein, Frost & Associates, appeared before the Planning Commission. Mr. Richards stated that the applicant is in agreement with the findings and conditions in the staff report. The public hearing closed at this time. Commissioner Kurlander made a motion to approve Resubdivision No. 788, subject to the findings and conditions of Exhibit "A ", 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. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access 10 MINUTES Item No.3 ' Resubdivi -I sion No. 788 Approved Condition - ally COMMISSIONERS MINUTES INDEX x x .. October 18, 1984 c o � subdivision. f a v = CONDITIONS: m 1. That a parcel map be filed. z C j m i 2. That all improvements be constructed as required C Z N p S o o by ordinance and the Public Works Department. of Newport Beach 9= a z City m service and sewer lateral connections to the MINUTES INDEX 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 each building be served with individual water service and sewer lateral connections to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 5. That the intersection of the public streets and drives be designed to provide sight distance for a • speed of 35 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 requirements may be approximately modified at non - critical locations, subject to approval of the Traffic Engineer. 6. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and Public Works Department 7. That County Sanitation District fees shall be paid prior to issuance of building permits. S. That there be a document recorded, the form and content of which is acceptable to the Planning Director and the City Attorney, which provides for an easement for ingress, egress and parking over Parcel No. 1 for the benefit of Parcel No. 2, and for an easement for ingress and egress over Parcel No. 2 for the benefit of Parcel No. 1. This document shall also guarantee the ability of tenants, employees and visitors of the Bank of America building located at the northwesterly • corner of Newport Place Drive . and MacArthur 11 MINUTES INDEX CONVAISSIONERS MINUTES x T October 18, 1984 c o x Ic _ � v � a m Y c m a m Y Z m p; O O > I - City of Newport Beach Am Y 9 a z a OLL CALL INDEX • • Boulevard,' to utilize a minimum of 89 parking spaces on Parcels No. 1 and 2. 9. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. x *x A. Resubdivision No. 789 (Public Hearing) Request to resubdivide two existing lots into two lots for residential condominium purposes. WSJ B. Use Permit No. 3112 (Public Hearing) Request to permit the construction of 2, two -unit residential condominum projects and related garages on property located in the R -2 District. aiLLI C. Variance No. 1117 (Public Hearing) Request for a variance to the zoning Code so as to allow 2, two -unit residential condominium developments to each exceed 1.5 times the buildable area of the sites in the R -2 District. LOCATION: Lots 13 and 15, Block 636, Corona del Mar Tract, located at 613 and 615 Jasmine Avenue, on the northwesterly side of Jasmine Avenue, between Third Avenue and Fourth Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Bert W. Tarayao, Corona del Mar OWNER: same as applicant ENGINEER/ ARCHITECT: Same as applicant 12 Item No.4 No. 789 No. 3112 Variance No. 1117 Continued I to Motion Ayes Absent • • COMMISSIONERS a m m a i m z 2 a z w a r m Ix October 18, 1984 of Newport Beach Staff recommended that these items be continued to the Planning Commission Meeting of November 8, 1984. Motion was made to continue these items to the Planning Commission Meeting of November 8, 1984, which MOTION CARRIED. x x x A. Resubdivision No. 790 (Public Hearing) Request to establish one building site and eliminate interior lot lines where 10 lots and a portion of a vacated alley presently exist so as to allow the reconstruction of portions of an existing church facility. ff-t7 B. Use Permit No. 311 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the establishment of a church facility on property located in the C -1 and R -3 Districts. The proposed amendment includes a request to demolish the existing parish hall and reconstruct a new parish hall on the ground floor, and class rooms, bathrooms and a library /office on the second floor. The proposal also includes a modification to the Zoning Code so as to allow the building to encroach 3 feet, and an oriel window to encroach 5 feet, into the required 5 foot front yard setback in the R -3 portion of the property adjacent to West Balboa Boulevard; and to allow the proposed. construction to encroach one foot, and a 6 foot wide wing wall to encroach 2' -6 ", into the required 2' -6" rear yard setback on the R -3 portion of the property adjacent to a 20 foot wide alley. LOCATION: Lots 15 through 24 and a portion of a vacated alley in Block 14, Tract No. 234, located at 1441 West Balboa Boulevard, on the southeasterly corner of West Balboa Boulevard and 15th Street, on the Balboa Peninsula. ZONES: C -1 and R -3 APPLICANT: Our Lady of Mount Carmel Church, Newport Beach OWNER: Catholic Diocese of Orange, Orange 13 MINUTES Item No.5 No. 790 No. 311 Approved Condition ally � x C O n m z c m m Z Z m z z M a a a= r r 2 2 z v v a O 0 0 Ix October 18, 1984 of Newport Beach Staff recommended that these items be continued to the Planning Commission Meeting of November 8, 1984. Motion was made to continue these items to the Planning Commission Meeting of November 8, 1984, which MOTION CARRIED. x x x A. Resubdivision No. 790 (Public Hearing) Request to establish one building site and eliminate interior lot lines where 10 lots and a portion of a vacated alley presently exist so as to allow the reconstruction of portions of an existing church facility. ff-t7 B. Use Permit No. 311 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the establishment of a church facility on property located in the C -1 and R -3 Districts. The proposed amendment includes a request to demolish the existing parish hall and reconstruct a new parish hall on the ground floor, and class rooms, bathrooms and a library /office on the second floor. The proposal also includes a modification to the Zoning Code so as to allow the building to encroach 3 feet, and an oriel window to encroach 5 feet, into the required 5 foot front yard setback in the R -3 portion of the property adjacent to West Balboa Boulevard; and to allow the proposed. construction to encroach one foot, and a 6 foot wide wing wall to encroach 2' -6 ", into the required 2' -6" rear yard setback on the R -3 portion of the property adjacent to a 20 foot wide alley. LOCATION: Lots 15 through 24 and a portion of a vacated alley in Block 14, Tract No. 234, located at 1441 West Balboa Boulevard, on the southeasterly corner of West Balboa Boulevard and 15th Street, on the Balboa Peninsula. ZONES: C -1 and R -3 APPLICANT: Our Lady of Mount Carmel Church, Newport Beach OWNER: Catholic Diocese of Orange, Orange 13 MINUTES Item No.5 No. 790 No. 311 Approved Condition ally ation Ayes Absent • MMISSIONERS October 18, 1984 x x o c o x > v _ C v m c a y o i o 0 9 z m T T City of Newport Beach x a Ix Mr. Hewicker informed the Planning Commission that in 1957, the Church submitted a proposal to the Planning Commission which included a convent and a day school. The Planning Commission approved the application as requested by the applicant and, upon appeal, the City Council upheld the Planning Commission's action. The public hearing opened in conjunction with this item and Mr. George Bissell, 108 Via Havre, Newport Beach, representing the applicant, appeared before the Planning Commission. Mr. Bissell stated that the applicant is in accordance with the staff's recommendations. Mr. Bissell also commented that in accordance with the Building Code requirements, the second floor classes will not be occupied by students below the third grade level. Mr. Charles Rothaermel, 145 Via Venezia, Newport Beach, stated that as a member of the Church parish, he is very pleased with the staff report. Commissioner Eichenhofer made a motion to approve Resubdivision 790, subject to the findings and conditions of approval in Exhibit "A ", 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. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS: 1. That a parcel map be filed. 14 MINUTES • Motion Ayes Absent • K4 October 18, 1984 of Newport Beach 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompa- nying 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. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 5. That the intersection of the public streets, the adjoining alley, and drives be designed to provide sight distance. Landscaping, walls and other obstruction 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 approximately modified at non - critical locations, subject to approval of the Traffic Engineer. 6. That the deteriorated portions of sidewalk and curb be reconstructed along the West Balboa Boulevard frontage under an encroachment permit issued by the Public Works Department. 7. That all conditions of Use Permit No. 311 (Amend- ed) shall be fulfilled. 8. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval unless an extension is granted by the Planning Commission. Commissioner Eichenhofer made a motion to approve Use Permit No. 311(Amended), subject to the findings and conditions in Exhibit "A ", which MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the General Plan and the adopted Local Costal Program, Land Use Plan, and is compatible with surrounding land uses. 15 MINUTES INDEX x x ... c o � z M z c m Z, z W z W z r O S C S to 0; O O s m a Z z M z r m K4 October 18, 1984 of Newport Beach 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompa- nying 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. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 5. That the intersection of the public streets, the adjoining alley, and drives be designed to provide sight distance. Landscaping, walls and other obstruction 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 approximately modified at non - critical locations, subject to approval of the Traffic Engineer. 6. That the deteriorated portions of sidewalk and curb be reconstructed along the West Balboa Boulevard frontage under an encroachment permit issued by the Public Works Department. 7. That all conditions of Use Permit No. 311 (Amend- ed) shall be fulfilled. 8. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval unless an extension is granted by the Planning Commission. Commissioner Eichenhofer made a motion to approve Use Permit No. 311(Amended), subject to the findings and conditions in Exhibit "A ", which MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the General Plan and the adopted Local Costal Program, Land Use Plan, and is compatible with surrounding land uses. 15 MINUTES INDEX COM MINUTES x x October 18, 1984 A 9 m W M 9 Z r L1 2 . n = _ ° m City of Newport Beach LL CALL INDEX 2. The project will comply with all applicable City and State Building Codes and zoning requirements for new, building applicable to the district in which the proposed project is located, except those items required in conjunction with the proposed modifications. 3. That the establishment, maintenance of 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 improve- ments in the neighborhood or the general welfare of the City, and further that the proposed modi- fication so as to allow minor encroachments into the front and rear yard setbacks will not adverse- ly effect surrounding properties and is consistent with the legislative intent of Title 20 of the . Municipal Code. CONDITIONS 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except as noted below. 2. That all conditions of approval of Resubdivision No. 790 shall be fulfilled. 3. That the project shall be so designed to eliminate light and glare spillage on adjacent uses. 4. That the residual areas at the ends of each row of parking within the on -site parking area shall be used for landscaping purposes. Said landscaping areas shall be separated from the asphalt parking surface by 6 inch raised concrete curbs. 5. That the landscape areas within the on -site parking areas shall include a combined total of ten (10) 15 gallon sized trees of a type which shall be subject to the approval of the Parks, Beaches, and Recreation Department. 6. A landscape and irrigation plan for the project • shall be prepared. Said Plan shall be subject to the approval of the Parks Beaches and Recreations Department and the Public Works Department. 16 COMMISSIONERS A x Go i y v a s m r v Z G M m Y w a a Y r Z G Y N O S 0 O o Z n o m a r m 2 a S _ �J • October 18, 1984 of Newport Beach 7. That a minimum of 43 parking spaces shall be provided in conjunction with the subject church facility. 8. Handicap parking spaces shall be designated by a method approved by the City Traffic Engineer. 9. That the Planning Commission may add /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 10. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090,A of the Newport Beach Municipal Code. A. Use Permit No. 1897 (Amended) (Public Hearing) A request to amend a condition of the previously approved Use Permit No. 1897 which allowed the establishment of a combined commercial /residential structure in the C -1 District. The proposed amendment is to allow 800# sq.ft. of commercial floor area for a take -out ice cream shop, whereas the existing use permit limits the commercial floor area on the subject property to 500 sq.ft. :=N B. Use Permit No. 3116 (Public Hearing) Request to establish a take -out ice cream shop with two take -out service windows adjacent to the public sidewalk on property located in the C -1 District, and to waive a portion of the required off - street parking spaces. LOCATION: Lot 13, Block 21 of Newport Beach Tract, located at 114 22nd Street, on the easterly side of 22nd Street between West Balboa Boulevard and West Ocean Front in the McFadden Square area. 17 MINUTES INDEX Item No.6 1 No. 1897 No. 3116 Continued I To Nov.8.1984 Motion Ayes Absent • E COMMISSIONERS x x October 18, 1984 APPLICANT: Charles H. Cathcart, Huntington Beach OWNER: Vic Sherreitt, Balboa Island Staff requested that these items be continued to the Planning Commission Meeting of November 8, 1984. Motion was made to continue these items to the Planning Commission Meeting of November 8, 1984, .which MOTION CARRIED. A D D I T I O N A L B U S I N E S S: The Planning Commission scheduled a Study Session on November 8, 1984 at 3:00 p.m., so as to provide time for the City Attorney to review the Brown Act and the Subdivision Map Act with the Commission. On behalf of the entire Planning Commission, Chairman winburn expressed a special "thank you" to Assistant City Attorney Robert Gabriele whose resignation is effective October 30, 1984, and who has accepted a position in Fresno. * t A D J O U R N M E N T: 9:20 p.m. JOHN KURLANDER, SECRETARY Newport Beach City Planning Commission 18 MINUTES INDEX Additional ' Business F F G O = g 1 9 r V m 2 G T> m Z W 9 G z A W O z r v L1 0 2 0 -�'{`' Zs Z m > a A Z T m `Y x x October 18, 1984 APPLICANT: Charles H. Cathcart, Huntington Beach OWNER: Vic Sherreitt, Balboa Island Staff requested that these items be continued to the Planning Commission Meeting of November 8, 1984. Motion was made to continue these items to the Planning Commission Meeting of November 8, 1984, .which MOTION CARRIED. A D D I T I O N A L B U S I N E S S: The Planning Commission scheduled a Study Session on November 8, 1984 at 3:00 p.m., so as to provide time for the City Attorney to review the Brown Act and the Subdivision Map Act with the Commission. On behalf of the entire Planning Commission, Chairman winburn expressed a special "thank you" to Assistant City Attorney Robert Gabriele whose resignation is effective October 30, 1984, and who has accepted a position in Fresno. * t A D J O U R N M E N T: 9:20 p.m. JOHN KURLANDER, SECRETARY Newport Beach City Planning Commission 18 MINUTES INDEX Additional ' Business