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HomeMy WebLinkAbout11/18/1982MISSIONERS r c m � m S c s p1 a c i n 3 0 m REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: November 18, -1982 of Newaort Beach MINUTES 1 ROLL CALL I I I I III I I INDEX X ix IX tS I X1 Commissioner Balalis was absent. * * * EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney * * * STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert P. Lenard,.Advance Planning Administrator Fred Talarico, Environmental Coordinator Craig Bluell, Senior Planner Donald Webb, City Engineer Pamela Woods, Secretary • * * * APPROVAL OF THE MINUTES Minutes of November 4, 1982 Motion X Motion was made to approve the Minutes of the Planning Ayes X X X X Commission Meeting of. November 4, 1982, as written, Abstain X which MOTION CARRIED Absent * * * Staff advised the Commission that the applicant for Item No. 1 - Use Permit No. 2097, has requested that the application be withdrawn. Staff further advised that the applicant for Items No. 8 and 9 - Use Permit No. 3006 and Resubdivision No. 736, has requested that these items be continued to the Planning. Commission Meeting of December 9, 1982. Motion X Motion was made to continue Items No. 8 and 9 - Use All Ayes X X X X * X Permit No. 3006 and Resubdivision No. 736, to the Planning Commission Meeting of December 9,'1982, which MOTION CARRIED. 0 * * * -1- COMMISSIONERS MINUTES November 18, 1982 �c m m m w. City of Newport Beach ROLL CALL INDEX Request to permit the expansion of an existing Item #1 commercial building in Specific Plan Area No. 4 so as to add a take -out food establishment on the ground floor and offices above. Said proposal also includes a request to waive a portion of the required off - street parking spaces for the take -out restaurant, and a variance to waive a portion of the required commercial off - street parking spaces in conjunction with the USE PERMIT remaining commercial space on the site. NO. 2097 LOCATION: Lots 12 through 14, Block 2, Seashore Colony Tract Addition, located at 6110 West Coast Highway on the northwesterly corner of 62nd Street and West Coast Highway, in the Newport Shores Specific WITHDRAWN Plan Area. BY THE APPLICANT ZONE: SP -4 • . APPLICANT: Baer's Outpost Inc., Newport Beach OWNER: Caywood Realty Inc., Escondido Staff advised the Commission that the applicant for Item No. 1 - Use Permit No. 2097, has requested that the application be withdrawn. The Planning Commission expressed no objections to the applicant's request. * x a • I l l l i l l 1 -2- COMMISSIONERS MINUTES November 18, 1982 m City of Newport Beach ROLL CALL INDEX Request to amend portions of Districting Map Numbers 22 Item #2 and 25 from the Unclassified Zoning District to the Unclassified /MHP Zoning District. LOCATION: Portions of the first addition to the Newport Mesa Tract more commonly known AMENDMENT as: NO. 580 Seacliffe Mobile Park, located at 890 West 15th Street, on the northeasterly corner of 15th Street and Monrovia Avenue; Newport Terrace Mobile Home Park, located at 824 West 15th Street, on the APPROVED northwesterly corner of 15th Street and Placentia Avenue; and • I I I I I I I Harbor Mobile Homes, located at 1535 Superior Avenue on the westerly side of Superior Avenue, northerly of its intersection with 15th Street. ZONE: Unclassified OWNERS: Seacliffe Mobile Park - Moun -Shung Chi, Westminster; Eugene R. Kirkpatrick, Long Beach Newport Terrace Mobile .Home Park - American Land Associates, Cerritos Harbor-Mobile Homes - Roland Peterson, Newport Beach INITIATED BY: The City of Newport Beach Planning Director Hewicker presented background information related to the proposed amendment. The public hearing opened in connection with this item and Mr. Richard Hogan, appeared before the Commission. • -3- MMISSIONERS November 18, 1982 F c m m N City of Newport Beach MINUTES I ROLLCALLI I I I J i l l IINDEX Mr. Hogan referred to the Seacliffe.Mobile Park and stated that the northwest corner of the property is owned by the Kirkpatrick Trust and is under lease to Mr. Chi, which lease terminates in August of 1983. He stated that the Kirkpatrick Trust is not in any way involved in the ownership or operation of the mobile home park. He stated that Mr. Kirkpatrick is in the process of preparing plans for the future use of the property which should be submitted to the Planning Commission next year. Mr. Hogan stated that it would be inappropriate to apply the overlay mobile home park zone to the Kirkpatrick Trust property. He stated that it would not preserve the park and would only give the.tenants a false perception of the continuity of the park. He stated that it would increase the difficulty of the. Planning Commission in the objective review of plans for the future use of the Kirkpatrick Trust property. • In response to a question posed by Chairman King, Mr. Hogan stated that the term of the existing lease was for a period of 25 years. Chairman King stated. that the lease was in effect in 1980 when the City annexed. the property from the County. Chairman King asked Mr. Hogan if Mr. Kirkpatrick was aware of the 'terms of the annexation and the agreements between the City and the County with respect to attempting to preserve the mobile home uses. Mr. Hogan stated that Mr.. Kirkpatrick was aware of the annexation, however, Mr. Kirkpatrick did not have control of the property,.because the property was under lease at the time. In response to a question posed by Chairman King, Mr. Hogan stated there are no present negotiations between Mr. Chi and Mr. Kirkpatrick, for the extension of the lease. Commissioner McLaughlin asked legal counsel what ramifications would be involved if the Kirkpatrick Trust property were to. be omitted from the overlay mobile home park zone. Mr. Robert Burnham, Assistant City Attorney, stated.that depending on the size of • -4- MINUTES November 18, 1982 � x � r c y. City of Newport Beach INDEX parcel which would be excluded from the application of the overlay zone, an inconsistency could result. He further stated that the zoning designation imposed by the City controls the land use, not the terms of a lease or private agreement between a property owner and a lessee. Chairman King stated that the lease terminates in August of 1983,, and the provisions of the lease are such that the property is to be returned to its original condition. He asked if the application of an overlay zone would take precedence over the terms of the lease. Mr. Burnham stated that this is correct. In response to a question posed by Chairman King, Mr. Craig Bluell, Senior Planner, stated that the parcel in question contains 28 mobile homes. He stated that the • intent of the mobile home park zone is not to regulate the setbacks and development standards of mobile home parks, but rather to preserve mobile home parks as a source of low and moderate income housing. He stated that the mobile home park zone would not take precedence over any business relationships, but is strictly a land use designation. Mr. Burnham stated that the mobile home park overlay zone does not force a property owner to utilize a parcel as a mobile home park. The property owner could eliminate the mobile home use and the property would remain vacant. Or, the property owner could attempt to change the overlay .designation by approaching the Planning Commission with a zoning amendment. He stated that the zoning designation of the property will control the use of the property until such time as the zoning designation is changed. Commissioner Kurlander stated that if the mobile home park overlay zone were to be applied to the parcel, the underlying zoning on the parcel, which is ..the Unclassified Zone, would require zoning action for any use, other than a mobile home park. Mr. Burnham • 'concurred. _5_ November 18, 1982 m � CO m N. City of Newport Beach In response to a question posed by Chairman King, Mr. Hogan stated that it is his understanding that the rental agreements for the existing tenants are handled on a month -to -month basis. Mr. Hogan clarified a previous statement and stated that Mr. Kirkpatrick had just informed him that the Kirkpatrick Trust had no knowledge of the annexation, until after it had been accomplished. Planning Director Hewicker explained the procedures which were utilized for the annexation by the Local Agency Formation Commission and the Board of Supervisors.. Planning Director Hewicker stated that for tonight's public hearing on the proposed amendment, notifications were sent to the property owners for each of the mobile home park sites, as well as the tenants of the parks, and all owners of property and tenants within.300 feet. • Commissioner Allen asked Mr. Burnham if the inclusion or exclusion of the parcel will create a spot zoning problem. Mr. Burnham stated that if there are mobile homes currently utilizing the site, there would be no significant reason to exempt the parcel. He stated that exemption of the parcel would create a consistency problem, rather than a spot zoning problem. r1 U Mr. Burnham stated that the property owner also has the alternative of allowing the parcel to remain as its present use, which is a mobile home park. He stated that the property owner does not have to enforce the terms and conditions of the lease which would cause the lessee to restore the property to vacant land. Chairman King stated that the net affect of applying the mobile home park overlay zone would be the obligation of the property owner to relocate the tenants. Mr. Burnham stated that this would depend upon when the property owner processes his plan. He stated that if the property owner processes his plan after the property is returned to its natural state, there would be.no need for the relocation of tenants, because there would be no tenants. : M MINUTES INDEX • Motion All Ayes • � r c m - W c a z n m D November 18, 1982 of Newport Beach Mr. Bill King, resident of Harbor Mobile Homes at 1535 Superior Avenue, asked for clarification on the proposed mobile home park overlay zone. Planning Director Hewicker explained the intent and purpose of the mobile home park overlay zone. Commissioner McLaughlin referred to Mr. Burnham's memorandum to the Planning Commission dated November 18, 1982, relating to the County Triangle and asked Mr. Burnham for clarification. Mr. Burnham reviewed his memorandum with the Commission and stated that he can find no evidence of any contractural commitment on the part of the City to maintain the land uses and densities established by General Plan Amendment 80 -2. He stated that the only commitment which was made, was to bring the property in with the density specified in the amendment and to apply a mobile home park overlay zone to existing parks within the County Triangle. X Motion was made to Approve.Amendment No. 580 for all of X X X X the parcels identified, which will amend portions of Districting Maps No. 22 and 25 from the Unclassified District to the Unclassified/MHP District and recommend to the City Council that Amendment No. 580 be approved, which MOTION CARRIED. -7- MINUTES. INDEX COMMISSIONERS MINUTES November 18, 1982 � r c c m x G1 v Y m City of Newport Beach ROLL CALL INDEX General Plan Amendment 81 -3 (GPA 81 -3) (Public Hearing) Item Nos. 3 thru 6 Request to amend the Newport Beach General Plan for Block 900 of Newport Center so as to allow the expansion of the. existing Marriott Hotel with the addition of 234 guest rooms, a ballroom, cocktail lounges and restaurants, a video game room, related hotel and service facilities, and a 574 space parking structure. The proposal also includes the acceptance ALL of an environmental document. CONTINUED TO DECEM- BER 9, INITIATED BY: The City of Newport Beach 1982 AND Traffic Study (Public Hearing) 11111111 Request to consider a Traffic Study so as to allow the expansion of the Marriott Hotel. 16 AND Site Plan Review No. 29 (Dis Request to approve the proposed site plan in conjunction with the expansion of the existing Marriott Hotel and to permit required off- street parking on a demonstrated formula. MJ Use Permit No. 2095 (Public Hearing) Request to allow for the establishment of an electronic video game center in the expanded Marriott Hotel facility. This proposal also includes modifications to the Zoning Code so as to allow for the use of compact car spaces and automobile spaces that are not independently accessible. LOCATION: Parcel No. 1 of Parcel Map No. 75 -33 (Resubdivision No. 497) located at 900 Newport Center Drive, on the southwesterly corner of Newport Center • I I I I I I I I Drive West and Santa Barbara Drive,. in Newport Center. MINUTES November 18, 1982 1 7111. -. X City of Newport Beach INDEX ZONE:. C -O -H. APPLICANT: Marriott Hotel, Bethesda, MD OWNER: Same as applicant Agenda Items No. 3, 4, 5 and 6 were heard concurrently, due to their relationship. The public hearing opened in connection with these items and Mr. Dave Neish, of Urban Assist, representing the Marriott Corporation, appeared before the Commission. Mr. Neish introduced Mr. Ronald Minekime and Mr.- Ray Kovacs from the Marriott Corporation, and Mr. Jon Moore and Mr. Kevin Georges from Flatow, Moore, Bryan and Associates. Mr. Neish then referred to a scale model of the proposed hotel expansion and briefly • described the proposed requests. Mr. Jon Moore, of Flatow, Moore, Bryan and Associates, architect for the project, delivered an extensive slide presentation which depicted various aspects of the existing facilities, along with photographs of the scale model for the proposed hotel expansion. The slide presentation also addressed the proposed parking structure, hotel renovation, recreational facilities, landscaping, and the roof -top lounge. Mr. Neish stated that no significant environmental impacts are associated with the proposal. However, he stated that significant financial benefits are associated with the proposal. He stated that the sales and bed tax of the existing hotel and proposed 234 units will generate to the City of Newport Beach over one million dollars per year. He stated that the Marriott Corporation is an established corporate citizen and participates in community activities in the City of Newport Beach. He stated that the addition of the roof -top lounge will provide for a 360 degree view of the City. 0 11111111 -9- November 18, 1982 3 x � c _ m = m m . r City of Newport Beach Mr. Neish stated that the proposed expansion has been designed to be compatible with the existing facilities. He stated that the expansion will provide additional rooms and facilities for the heavy demand which presently exists in the City of Newport Beach. He stated that the expansion will improve an already outstanding facility. Mr. Neish then discussed concerns related to traffic, parking and airport impacts. Mr. Neish stated that the proposed expansion will generate 2,800 daily trips. He stated that a large number of these trips will occur during the evening hours when there is not a traffic problem in Newport Center. He stated that they are committed to meet the circulation system improvements as required by the conditions of approval. • Mr. Neish stated that the parking study indicates that the project will provide 1.26 parking, spaces per room. He stated that they concur with the condition of approval which requires the applicant to obtain an agreement to utilize Fashion Island or other adjacent facilities during the construction period, for overflow parking during peak periods, and for special events. He stated that they can project well in advance as to when the peak occasions will occur. He stated that they are committed to meet all of the conditions of approval related to parking. • Mr. Neish stated that a survey was conducted several years ago by the Marriott Hotel. He stated that the survey indicated that sixty percent of the guests arrived by air and forty percent arrived by automobile. He stated that of the sixty percent, twenty -three percent utilized John Wayne Airport. He stated that the guests which will be utilizing the 234 additional rooms, will be coming to Newport Beach anyway. He stated that Newport Beach can not resolve the airport issue alone, regarding the expansion of hotels. He stated that at present, there are 41 flights per day permitted at John Wayne Airport, so there is a fixed number of passengers who can utilize the facility. . -10- MINUTES INDEX COMANSSIONERSI MINUTES November 18, 1982 of Newport Beach I ROLL CALL X 1 1 1 1 1 1 1 1 INDEX • C� Commissioner Kurlander referred to the area of Bayside Drive and East Coast Highway and asked if the addition of a fourth westbound lane will require the acquisition of any right -of -way. Mr. Don Webb, City Engineer, stated that right -of -way of approximately 12 to A feet would have to be added on the northerly side of East Coast Highway. Commissioner Kurlander asked if the widening would necessitate the removal of any mobile homes in that area. Mr. Webb stated that approximately 10 mobile homes would have to be removed if that side of the street were to be widened. Mr. Webb also stated that the pump station would not have to be relocated. Commissioner Kurlander stated that substantial acquisition would have to take place in order to acquire the right -of -way, which may take up to two years to accomplish. Mr. Webb stated that. it would depend upon what type of funding was utilized. Commissioner Kurlander pointed out that a condition of approval of the proposed project is that the mitigation measures must be complete before occupancy of the. hotel. Planning Director Hewicker stated that there are alternative solutions to the problem. First, he stated that if the project were to be reduced in scope to a range of 225 to 220 rooms, the traffic would be reduced at the intersection of Bayside Drive and East Coast Highway, to a point where the acquisition of the additional right -of -way would not be required. Second, another alternative would be to construct a third left hand turn lane from Bayside Drive onto the bridge. In response to a question posed by Chairman King, Mr. Fred Talarico, Environmental Coordinator, stated that the City is currently preparing an environmental impact statement and an environmental impact report for the, widening of Pacific Coast Highway from Newport Boulevard to MacArthur Boulevard. He stated that this report will establish the direction of the ultimate right -of -way through this area. Mr. Webb discussed the construction phasing program and the .funding which would be utilized. -11- � x � r c v m 7c n m > of Newport Beach I ROLL CALL X 1 1 1 1 1 1 1 1 INDEX • C� Commissioner Kurlander referred to the area of Bayside Drive and East Coast Highway and asked if the addition of a fourth westbound lane will require the acquisition of any right -of -way. Mr. Don Webb, City Engineer, stated that right -of -way of approximately 12 to A feet would have to be added on the northerly side of East Coast Highway. Commissioner Kurlander asked if the widening would necessitate the removal of any mobile homes in that area. Mr. Webb stated that approximately 10 mobile homes would have to be removed if that side of the street were to be widened. Mr. Webb also stated that the pump station would not have to be relocated. Commissioner Kurlander stated that substantial acquisition would have to take place in order to acquire the right -of -way, which may take up to two years to accomplish. Mr. Webb stated that. it would depend upon what type of funding was utilized. Commissioner Kurlander pointed out that a condition of approval of the proposed project is that the mitigation measures must be complete before occupancy of the. hotel. Planning Director Hewicker stated that there are alternative solutions to the problem. First, he stated that if the project were to be reduced in scope to a range of 225 to 220 rooms, the traffic would be reduced at the intersection of Bayside Drive and East Coast Highway, to a point where the acquisition of the additional right -of -way would not be required. Second, another alternative would be to construct a third left hand turn lane from Bayside Drive onto the bridge. In response to a question posed by Chairman King, Mr. Fred Talarico, Environmental Coordinator, stated that the City is currently preparing an environmental impact statement and an environmental impact report for the, widening of Pacific Coast Highway from Newport Boulevard to MacArthur Boulevard. He stated that this report will establish the direction of the ultimate right -of -way through this area. Mr. Webb discussed the construction phasing program and the .funding which would be utilized. -11- 7 m m o m t GJ m D November 18, 1982 of Newport Beach MINUTES ROLL CALL I I I I J i l( I INDEX In response to a question posed by Chairman King, Mr. Weston Pringle, of Pringle and Associates, traffic consultant for the City, stated that the addition of a third left turn lane for Bayside Drive would reduce the ICU slightly. He stated that the ICU is at 0.98 without the project. Planning Director Hewicker stated that it is not required to be put below 0.90, but is only required to improve the intersection. In response to 'a question posed by Commissioner Allen, Mr. Pringle stated that there would be approximately 12 trip ends per room daily. Mr. Pringle referred to Page 8 of the staff report and stated that the existing plus committed plus project figure for Coast Highway and Balboa /Superior should read 1.2982, rather than 1.0264. • In response to a question posed by Commissioner Kurlander, Mr. Pringle stated that the rate of 12 trip ends per room daily has been utilized for all of the hotel studies in Newport Beach. He stated that this rate includes not only the hotel room, but also restaurants, bars and other facilities within the hotel. Commissioner Kurlander asked if any credit is being given because this is an existing facility, or is it being treated as a new hotel. Mr. Pringle stated that the rates are calculated as if this were a new hotel. Mr. Pringle concurred with Commissioner Kurlander''s concern and stated that because there is an existing facility, the service and delivery trucks would be frequenting the area in any case. In response to.a question posed by Commissioner Allen,. Mr. Talarico stated that the 10,000 square feet of office development in Block 900 may exist presently on the corner of Santa Barbara Drive and Jamboree Road, or on the corner of Newport Center Drive. Planning Director Hewicker stated that the 10,000 square feet of office space does not exist on the Marriott site. • 11111111 _12_ COMMISSIONERS November 18, 1982 3 x � r c „. City of Newport Beach MINUTES ROLL CALL 1 1 1 1 1 1 1 1 11NDEX Mr. Frank Hall, Director of Development. and Community Relations for Hoag Memorial Hospital, appeared before the Commission. Mr. Hall submitted to the Planning Commission a letter dated November 17, 1982, from Mr. George Hoag II, which stated their full support of the proposed expansion plans of the Newport Beach Marriott Hotel. Planning Director Hewicker discussed the grading operation for the proposed subterranean parking structure. He stated that no development beyond that already allowed by the City's General Plan could be constructed without Planning Commission approval of a Traffic Management Plan. He also discussed the heights of other structures within Newport Center in relationship to the existing and proposed Marriott Hotel. He stated that the existing Marriott Hotel has • a height of 100 feet and the proposed Marriott Hotel will have a height of 152 feet. In response to concerns expressed by Commissioner Allen and Commissioner McLaughlin, Planning Director Hewicker discussed the uniform Building Code fire safety regulations and systems which would be required for the proposed project. He further stated that the City snorkel equipment can reach a height of 75 feet and the ladder truck can reach a height of 100 feet. He stated that it would not be the intent to land a helicopter on the top of the building, but rather for the helicopter to approach the structure and hover for the loading of persons. Commissioner McLaughlin expressed her concern that the existing hotel contains .three handicapped parking spaces which are usually blocked. She stated that the proposed project will contain eight handicapped parking spaces. She asked if the eight handicapped parking spaces will be situated in a more convenient location. Mr. Neish stated that he has been made aware of the problem and further stated that the problem will be corrected. - -13- r1 U • November 18, 1982 of Newport Beach Commissioner McLaughlin also expressed her concern that an increase of 9 standard parking spaces is not sufficient. Mr. Neish stated that are presently 15 compact parking spaces on the site. He stated that they are requesting a considerable increase in the compact parking to 172 compact parking spaces, because more than half of the cars on the road today are compact cars. Planning Director Hewicker stated that the number and location of the compact parking spaces will be subject to further review and approval by the City's Traffic Engineer. Mr. Neish stated that each level of the parking structure will contain a certain number of compact and standard parking spaces. He stated that the City allows up to 25 percent of the spaces to be utilized as compact spaces, and that they are only requesting to utilize 22 percent of the spaces as compact spaces. Commissioner Winburn asked what percentage of the, 390 employees will drive to work and park on the premises. Mr. Neish stated that some of the employees will utilize the transit system, while others will utilize a carpool system. He stated that during peak utilization of the hotel facilities, the parking at Fashion Island can be utilized for the employees. In response to a question posed by Chairman King, Planning Director Hewicker referred to Condition of Approval No. 72 for Site Plan Review No. 29 and stated that the fire lane on the parking structure will be stressed to support the fire equipment. In response to a question posed by Chairman King, Mr. Neish stated that tandem parking will be utilized as an alternative during peak periods. He stated that during peak utilization peiiod,s the valet parking can accommodate and control the parking of additional automobiles. He further stated that the location of the tandem parking spaces would be subject to review and approval of the City's Traffic Engineer. -14- MINUTES INDEX � r c G'm A G)m D C S 6 j 0- m r1 U • November 18, 1982 of Newport Beach Commissioner McLaughlin also expressed her concern that an increase of 9 standard parking spaces is not sufficient. Mr. Neish stated that are presently 15 compact parking spaces on the site. He stated that they are requesting a considerable increase in the compact parking to 172 compact parking spaces, because more than half of the cars on the road today are compact cars. Planning Director Hewicker stated that the number and location of the compact parking spaces will be subject to further review and approval by the City's Traffic Engineer. Mr. Neish stated that each level of the parking structure will contain a certain number of compact and standard parking spaces. He stated that the City allows up to 25 percent of the spaces to be utilized as compact spaces, and that they are only requesting to utilize 22 percent of the spaces as compact spaces. Commissioner Winburn asked what percentage of the, 390 employees will drive to work and park on the premises. Mr. Neish stated that some of the employees will utilize the transit system, while others will utilize a carpool system. He stated that during peak utilization of the hotel facilities, the parking at Fashion Island can be utilized for the employees. In response to a question posed by Chairman King, Planning Director Hewicker referred to Condition of Approval No. 72 for Site Plan Review No. 29 and stated that the fire lane on the parking structure will be stressed to support the fire equipment. In response to a question posed by Chairman King, Mr. Neish stated that tandem parking will be utilized as an alternative during peak periods. He stated that during peak utilization peiiod,s the valet parking can accommodate and control the parking of additional automobiles. He further stated that the location of the tandem parking spaces would be subject to review and approval of the City's Traffic Engineer. -14- MINUTES INDEX MMISSIONERS November 18, 1982 0 F m w. City of Newport Beach In response to a question posed by Chairman King, Mr. Neish. stated that. there is not a set pattern established for the airport shuttle service, but rather is utilized as an on -call service. Mr. Neish stated that there are several buses involved in the service. In response to a question posed by Chairman King, Mr. Neish stated that the only new signs which are being requested will be directional signs which will be located at ground level. In response to a question posed by Chairman King, Mr. Neish stated that the grease traps will be larger and will be maintained and inspected on a regular basis. Commissioner Allen suggested that the applicant consider the feasibility of an airport shuttle which services other airports, rather than John Wayne Airport. She stated that in terms of limiting the use • of John Wayne Airport, the encouragement of a direct shuttle service may not be a good idea. Commissioner Allen referred to the disclosure statement relating to John Wayne Airport and stated that the applicant should be aware that it states that the lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. Commissioner Allen referred to Condition of Approval No. 45 for Site Plan Review No. 29 and asked if the use of high- occupancy vehicles will be a shuttle system or a part of the Newport Center shuttle plan. Mr. Neish stated that they have not developed a specific plan, as yet. Chairman King referred to Conditions of Approval No. 50 and 53, relating to the use of the OCTD transit system and stated that these conditions are related. Mr. Neish stated that providing a bus turnout on the site is a significant benefit to the employees of the area, but not necessarily for the guests of the hotel. He stated that the Marriott Corporation will encourage, Participate and educate their employees regarding • transit and carpool systems. -15- MINUTES INDEX MINUTES m m =cam �a City VI November 18, 1982 t Beach INDEX Commissioner King requested that Mr. Neish identify the closest "Park and Ride" location which the hotel employees could utilize. Commissioner McLaughlin suggested that these items be continued so.that the applicant can further study the concerns expressed by the Planning Commission, including the parking layout, compact parking spaces, and the DeAnza Bayside Village issue. She also stated that if further development should come in, such as the Four Seasons Hotel complex in Newport Center, that the traffic improvements be equitable, so that one party does not pay the entire sum. Mr. Neish referred to the Bayside Drive issue and stated that they will consider the following alternatives: 1) the additional left turn lane north on Bayside Drive and westbound on East Coast Highway; or, 2) a decrease in the number of units from the proposed 234 units to 220 to 225 units. He stated that they will be considering these alternatives. Chairman King stated that while the Marriott Corporation has expressed its willingness to put the money up for the improvements, it essentially puts the City in the position to negotiate for the trade. He further stated that if a secondary hotel is to be considered for Newport Center, it would be placing this condition from one applicant to another. He stated that it would be helpful to know the cumulative effects of this condition. Mr. Talarico stated that it could be any project which would trigger the effects of the Traffic Phasing Ordinance. Chairman King stated that he would like to know the range of possibilities, including costs, time and dollars involved. Commissioner Goff asked how much revenue the proposed expansioh would generate to the City. Mr. Neish, stated that considering the total revenue to be generated by the project, the proposed expansion would generate approximately 40 percent, while the 'existing. facility would generate approximately 60 percent. Commissioner Goff suggested that Mr. Neish provide • additional information relating to the cost revenue analysis. -16- 3 x c m 7c Gf _ m > City y VI MINUTES November 18, 1982 INDEX Commissioner Goff referred to Diagram 18, relating to existing, approved and proposed hotels in the general area, and requested that this information be updated between now and the next meeting. Commissioner Goff asked if the tenants of the De Anza Mobile Home Park were notified of the hearing. Planning Director Hewicker stated that the list of individuals and organizations which were notified are included in the staff report. He stated that property owners or tenants in an area, next to or within 300 feet of a mitigation measure, are not notified. He stated that the occupants of the De Anza Mobile Home Park were not notified by the City. Commissioner Kurlander stated that they were notified of the hearing. Commissioner Allen suggested that the applicant explore the feasibility of a shuttle or partial funding for a . shuttle which services another airport, other than John Wayne Airport. Commissioner Goff referred to the airport survey which Mr.' Neish had previously discussed and stated that if 60 percent of the hotel patrons arrived by air and 23 percent of the hotel patrons arrived by air via John Wayne Airport, then approximately 14 percent of the total hotel occupancy utilizes John Wayne Airport. Mr. Neish concurred. Commissioner Kurlander asked Mr. Neish how many tandem parking spaces are being proposed and their location. He also asked for the percentages of employees which drive to work or utilize the public transportation system. Commissioner Winburn asked the percentages of.the hotel patrons which are business or convention related. She expressed her concern that there is a daytime parking shortage with the current facility. She stated that increasing the amount of parking by 171 spaces on a demonstrated formula will not be adequate. She stated that by following the Code, 953 parking spaces would be required. Mr. Neish stated that he has not encountered a daytime parking shortage at this • location. However, he stated that they will provide the Commission with the information as requested. -17- COMMISSIONERS i x � r c � w V m Z m ?ago A 0 -m November 18, 1982 of Newport Beach MINUTES ROLL CALL I III Jill I INDEX Ms. Milly Ashburn, Director of the Newport Beach Convention and Visitors Bureau, appeared before the Commission. Ms. Ashburn stated that the majority of the market is for small corporate conferences.. She stated that the Marriott Hotel is not a convention hotel, but rather a small .resort destination. She stated that they, are in support of the proposed expansion. Mr. Tim Parker, representing the Fashion Island Merchants. Association, appeared before the Commission. Mr. Parker stated that the Marriott Hotel has been a good neighbor. He stated that the increased tax revenue and the increased revenue to the Fashion Island merchants would be of benefit to the entire community. . He stated that they are in full support of the proposed expansion. Commissioner Allen stated that the Fashion Island merchants are a very viable and important segment of • Newport Center. She stated that she would encourage an internal shuttle system which would be cooperatively funded by various organizations within Newport Center. She stated that such an internal shuttle system would move persons from the offices to the shops and restaurants. Mr. Parker stated that this .idea was experimented with during the last Christmas season. He stated that they hope to experiment further with the idea. Commissioner Goff asked Mr. Parker if. the Marriott Hotel affects business in Fashion Island. Mr. Parker stated that because the Marriott Hotel is a resort destination, it has a positive affect on Fashion Island. He further stated that the foot traffic to Fashion Island is increased by the Marriott Hotel patrons. Chairman King stated that when the requested information is generated, he would like to insure that normal figures are utilized, rather than Christmas figures. Motion X Motion was made to continue these items to the Planning All Ayes X X X X * X Commission Meeting of December 9, 1982, in order for the applicant to generate the requested information, • which MOTION CARRIED. -18- COMMISSIONERS MINUTES November 18, 1982 m y. City of Newport Beach ROLL CALL INDEX The Planning Commission recessed at 9:45 p.m. and reconvened at 10:00 p.m. t x a Request to permit the construction of a temporary I ITEM #7 gazebo within the patio area adjacent to the Warehouse I Restaurant in Lido Marina Village. Said gazebo will be utilized as a stage for live entertainment at various times. LOCATION: A portion of Lot 1123, Tract 907, USE PERMIT located at 3442 Via Oporto, on the NO. 3003 northeasterly side of Via Oporto, between Central Avenue and Via Lido, in . Lido Marina Village. ZONE: C -1 • APPLICANT: Lido Marina Village, Newport Beach - APPROVED CONDI- OWNER: Traweek Investment, Marina Del Rey TIONALLY The public hearing opened in connection with this item and Ms. Eileen Pinkerton, representing Lido Marina Village, appeared before the Commission and requested approval of this item. Planning Director Hewicker stated that staff has received a petition in opposition to the proposed request from approximately 30 neighbors of the Lido Marina, Village area. The petition stated that "Said . portable gazebo to be used as a stage for live entertainment could easily be used as an amplified setting for Rock Music or similar loud sounds enough to disturb the peace and quiet as . far away as. the City Hall and beyond. It would under no circumstance be a welcome addition to any of us living within hearing distance.", -19- COMMISSIONERS November 18, 1982 � r c w m a m City of Newport Beach MINUTES I ROLL CALL 1 1 1 1 1 1 1 1 I INDEX In response to a question posed by Chairman King, Ms. Pinkerton stated that the gazebo already exists. She stated that there will be no amplification of music or human voice and that there will be no entertainment after 10:00 p.m. at night. She stated that the gazebo will be utilized during the summer months in the early evening hours to entertain people which are dining on the terrace. Commissioner McLaughlin asked if the applicant would need to obtain a license for special uses to utilize the gazebo. Planning Director Hewicker stated that a special event permit is required for outdoor activities which are open to the general public. He stated that if the use is the type of activity which would require a special event permit, then the music would be regulated under the permit. He discussed the City's definition of a special event. • In response to a question posed by Chairman King, Planning Director Hewicker explained the distinction between the license for indoor versus outdoor live entertainment. In response to a question posed by Commissioner Allen, Planning Director Hewicker stated that the Planning Commission can limit the use of the gazebo to only those events which would require a special event permit. He stated that the applicant would have to indicate in the special event permit what type of music and instruments are to be utilized. In response to questions posed by Chairman King, Ms. Pinkerton stated that they would be willing to secure a special permit in the event amplified music were to be requested. She further stated that it would be their intention to utilize the gazebo for the normal use of Lido Marina Village. Commissioner Goff referred to Condition of Approval No. 4 and stated that the condition that there shall be no dancing or seating permitted in the vicinity of the. gazebo is in contradiction to the idea of music being performed for the entertainment of seated patrons. • -20- MINUTES � r c _. m 1 m cm G November 18, 1982 of Newport Beach INDEX Planning Director Hewicker stated that fixed seating will not be permitted in this area because the Fire Department will require access in and around the area. He stated that this may create an enforcement problem. Commissioner Allen stated that the staff report indicates that the gazebo will not be used on a regular basis, but will be utilized during the spring and summer months in conjunction with occasional promotional events at Lido Marina village. Mr. Sohn Callahan, resident of 410 Clubhouse Avenue, stated that he is opposed to the proposed request. He expressed his concern with the noise which would be generated from the proposed use and that it would be detrimental to the surrounding residential uses. Mrs. Richard Williams, resident of 612 Clubhouse • Avenue, stated that the live entertainment during the evening hours is not acceptable and that she would be opposed to the noise which it would generate. Commissioner Goff asked Mrs. Williams if she would object to occasional unamplified entertainment. Mrs. Williams stated that she would not be opposed to occasional entertainment, but she would be opposed to live entertainment on a regular basis during the evening hours. Commissioner Goff referred to Condition of Approval No. 7 and suggested that the approval be for a period of one year, rather than two years. Motion X Motion was made for approval of Use Permit No. 3003, . All Ayes X X X X X 2 subject to the findings and conditions of Exhibit "A ",. with the additional condition that the use of the gazebo shall only be for special events requiring a special event permit from the Licensing Division; and, a revision to Condition of Approval No. 7, that the approval be for a period of one year, rather than two years, which MOTION CARRIED, as follows: • -21- MINUTES November 18, 1982 M FINDINGS: Iv • l INDEX 1. The proposed gazebo and live entertainment are consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with existing and surrounding land uses. 2. The proposed project will not have any significant environmental impact. 3. The Police and Fire Departments have indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 3003 .will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental • or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plans and elevation. 2. That there shall be no amplification of music or voices permitted in conjunction with the use of the subject gazebo. 3. That any entertainment in the gazebo shall cease by 10:00 p.m. 4. That there shall be no dancing or seating permitted in the vicinity of the gazebo. 5. That approval of this request is based upon the location of the gazebo as shown on the plans submitted. The Planning Commission shall approve any other location within the Lido Marina Village complex. I I I I I I I 6. That prior to the use of the gazebo, the Fire Department shall approve the specific. location. of • the structure. -22- r c Cr m S W 7, G7 > C MINUTES November 18, 1982 M FINDINGS: Iv • l INDEX 1. The proposed gazebo and live entertainment are consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with existing and surrounding land uses. 2. The proposed project will not have any significant environmental impact. 3. The Police and Fire Departments have indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 3003 .will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental • or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plans and elevation. 2. That there shall be no amplification of music or voices permitted in conjunction with the use of the subject gazebo. 3. That any entertainment in the gazebo shall cease by 10:00 p.m. 4. That there shall be no dancing or seating permitted in the vicinity of the gazebo. 5. That approval of this request is based upon the location of the gazebo as shown on the plans submitted. The Planning Commission shall approve any other location within the Lido Marina Village complex. I I I I I I I 6. That prior to the use of the gazebo, the Fire Department shall approve the specific. location. of • the structure. -22- COMMISSIONERS MINUTES November 18, 1982 � z r o m 3 7C n m> City of Newport Beach ROLL CALL 1771 1 1 1 INDEX 7. That this approval shall be for a period of one year, and any extension shall be subject to the approval of the Modifications Committee. B. That the use of the gazebo shall only be for special events requiring a special event permit from the Licensing Division. Request to waive a portion of the required off - street . Item #8 parking spaces in conjunction with the proposed expansion of an existing office building which is presently nonconforming with regard to the number of off- street parking spaces. The proposal also includes USE PERMIT • a modification to the Zoning Code so as to allow a No. 3006 portion of an off - street parking space and a proposed trash enclosure, to encroach into the required 10 foot rear yard setback adjacent to an alley. AND AND Request to establish a single parcel of land and eliminate interior lot lines where one lot and a portion of two other lots presently exist so as to Item #9 allow the expansion of an existing office building. LOCATION: Lot 4 and a portion of Lots 5 and 6, Tract 443, located at 504 North Newport Boulevard, on the northeasterly corner of North Newport Boulevard and Orange RESUB- Avenue in the Old Newport Boulevard DIVISION Specific Plan Area. - - NO. 736 ZONE: C -1 - - APPLICANT: Thomas W. Burton, Newport Beach BOTH OWNER: Same as applicant - CONTINUED TO DECEM- ENGINEER: Duca McCoy, Inc., Corona del Mar BER 9, . 1982 -23- MINUTES November 18, 1982 � r c m ^ m m m City of Newport Beach INDEX Staff advised that the applicant for Items No. 8 and 9 - Use Permit No. 3006 and Resubdivision No. 736, has requested that these items be continued to the Planning Commission Meeting of December 9, 1982. Motion IXII,II Motion was made to continue these items to the Planning All Ayes X X X X * X Commission Meeting of December 9, 1982, which MOTION CARRIED. w * * -24- Request to consider a proposed amendment to Chapter Item #10 20.75 of the Municipal Code, the Video Game Ordinance, and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach Planning Director Hewicker presented background AMENDMENT NO. 578 . information on this item. He stated that a revised map of the Fun Zone area has been distributed, along with an Exhibit "B ", which would exempt the Fun Zone, theatres, hotels and motels for a period of six months, and, restaurants and bars which are not normally available to persons under 21 years of age. Continued Mr. Bob Burnham, Assistant City Attorney, distributed a- memo dated November 18, 1982, to the Planning to Decem- ber 9, Commission members, and discussed the problems 1982 perceived by staff with respect to the recently adopted Video Games Ordinance and the proposed amendments to that Ordinance. These concerns related to the regulation of businesses, enforcement of the Ordinance and development standards. The existing and proposed exemptions he discussed were that of the Fun Zone, hotels /motels,. theatres, locational restrictions on residences and locational restrictions on schools. Chairman King stated that it is possible for a bar to be physically separated from its related restaurant facility. Mr. Burnham stated that it is the position of Ms. Judy Franco that the exemption should apply only. to that portion of the facility which is limited to adults. He stated that if there is a portion which is • not limited to adults, the restrictions would apply to that portion. -24- MINUTES November 18, 1982 � 7'.0. City of Newport Beach INDEX Ms. Judy Franco, resident of 202 Via Palermo, appeared before the Commission. Ms. Franco suggested wording as follows. That those business establishments where there is a license requirement by the Alcoholic Beverage Control (ABC), with the posting of a sign which would indicate that those persons under 21 years of age are not allowed, would be exempt. She stated that where there is mixed use, such as a bar and a restaurant, these would not be exempt. Commissioner Goff suggested that this be specified by the ABC Department license number type, specifically 42, 48 and 60. He stated that enforcement would be a matter of checking the license type. Commissioner Allen suggested that rather than exempting the Fun Zone, that if the Fun Zone should apply for a use permit, the Commission could then make specific findings which state that the Fun Zone is quite . different than adjacent properties and that a precedent would not be set. Mr. Burnham stated that this would be appropriate action. Mr. Buzz Person, attorney representing the Bay Arcade, the Playland Arcade, the Balboa. Saloon and Pizza Pete's, appeared before the Commission. Mr. Person stated that these businesses are not within the proposed redevelopment of the Fun Zone. He stated that there are great expenses involved in requiring these businesses to apply for use permits. He stated that these businesses have been at these locations for many years and that they already pay substantial fees to the City each year to operate their businesses. He stated that these businesses are willing to operate under the development standards of the Ordinance. Mr. Person suggested that findings be made that the Fun Zone has been an amusement park for the past forty years. He further stated that the License Division should be given the authority to enforce all of the video games. He further suggested that a legal non- conforming status be granted to those businesses with five or, more games which have been in operation for more than three.years. I I I I I I I -25- Cl 0 November 18, 1982 � c m � m m w. City of Newport Beach c s n p m Commissioner McLaughlin suggested that perhaps the Commission should only be addressing the health issue of video games, such as sound attenuation, cleanliness of the facility, etc. Mr. Burnham stated that this would be appropriate. However, he stated that the decision on how to regulate the uses is at the discretion of the Planning Commission and City Council. Mr. Burnham .stated that by placing all of the development standards in Title 5 of the Municipal Code, this would rid the Planning Department and Planning Commission from the responsibility for the regulation of video games.. He further stated that .existing businesses could be granted a legal non - conforming status, with all of the development standards in Title 5, so that the existing businesses could still be regulated. He stated that new businesses would be required to apply for a use permit and also comply with the development standards. Ms. Marjorie Malloy, resident of 620 West Balboa Boulevard, representing the Newport Elementary School PTA Board, appeared before the Commission. She referred to Mr. Burnham's memo and expressed her concern with the wording "taking into account the development standards" and "each development standard would be a factor considered ". She stated that the development standards should be required, not left to subjective judgement. Ms. Malloy stated that they concur with the suggestion that those establishments to be exempted be restricted to persons 21 years of age or older,.as required by the ABC license requirements. She stated that the reference to the ABC license should be included in the Ordinance. Ms. Malloy stated that the locational restriction for schools should cover all video games, whether there be one game or five games. Mr. Burnham explained the difficulties which he .would encounter in defending the legality of a development standard which restricts even a single video game from locating within 1500 feet of a school. -26- MINUTES INDEX 3 7; e $ m a o m 7c G) y D City of J J N m+ N J November 18, 1982 Beach MINUTES I ROLL CALL I I I I III I I INDEX • • Chairman King stated that the educational establishment must take some responsibility on this issue, rather than depending entirely upon the City to solve the truancy problems for the schools. Ms. Franco stated that an effort must be made by each side to share the burden and to better protect the children of the City. In response to a question posed by Commissioner Winburn, Ms. Franco.stated that the Surgeon General of the United States is currently reviewing the video game issue in relationship to their adverse affect upon children and violence. In response to a question posed by Commissioner Winburn, Mr. Burnham stated that since the last hearing on this matter, two court decisions have been made which invalidated locational restrictions relating to adult business ordinances. Mr. Burnham stated that the restrictions relating to no children shall operate an electronic video game between 8:00 a.m. to 3:00 p.m., and the adult supervision should not be waived. He stated that other development standards, such as bicycle parking, should be capable of being waived, or should be factors to be taken into consideration by the License Supervisor in issuing or renewing a permit. Commissioner Winburn asked if it would be possible for the License Department to regulate all video game uses under Title 5 for a period of six months, in order to determine the effectiveness of this method. Mr. Burnham stated that this would he possible. He stated that the Ordinance can be changed in the future if this method does not solve the problem. Mr. Dave Larson, the City's License Supervisor, appeared before the Commission. Mr. Larson stated that the process which is being proposed, would not be a burden to his Department, as long as the renewal process is automatic, except for any complaints which may be received. _27_ November 18, 1982 � � c m � m m w City of Newport Beach Commissioner Allen stated that if the suggestion by Commissioner Winburn is followed for a six month period and it proves to be unsuccessful, she stated that this would make a more restrictive Ordinance easier to defend. Mr. Burnham concurred. Motion X Motion was made for denial of Amendment No. 578, and that the Planning Commission recommend to the City Council to redefine the electronic video game machines to include only the health and safety aspects, and that it is the responsibility of the school system and parents to discipline their children. Substitute Substitute Motion was made to direct staff to take to Motion X the City Council an Ordinance with the modifications which have been suggested. Said Ordinance to be returned to the next Planning Commission Meeting of • December 9, 1982, for further review and suggestions. The City Council can then introduce the Ordinance which will amend Title 5 of the Municipal Code to incorporate the development standards, including the restrictions which were discussed. An amendment to the Municipal Code shall also be processed at the same time to rescind the existing Chapter 20.75 of the Municipal Code pertaining to Electronic Video Game Machines. Ayes X X X X Substitute Motion by Commissioner Winburn was now voted Noes on, which SUBSTITUTE MOTION CARRIED. Absent * * * -28r MINUTES INDEX November 18, 1982 of Newport Beach MINUTES ROLL CALL I I I I III I I INDEX Request to consider an addition of Section 20.01.046, Item #11 District Symbols, to the Municipal Code, establishing symbols for the purpose of designating maximum floor area limitations and the minimum number of square feet of land area required for each dwelling unit. INITIATED BY: The City of.Newport Beach Planning Director Hewicker presented background information on this item. Motion Motion was made to recommend to the City Council that Al1.Ayes X X X X * X Amendment No. 579 be approved, which MOTION CARRIED, as follows: 20.01.046 DISTRICT SYMBOLS. In addition to the district designations established under Sections . 20.01.040 and 20.01.045, the following symbols are established for the purpose of designating maximum floor area limitations and the minimum number of square feet of land area required for each dwelling unit. When these symbols are placed on the Districting Maps, the floor area and dwelling unit limitations as illustrated ,shall apply. Said symbols and limitations shall be shown in the following manner: • (a) A number following the district symbol and enclosed by brackets shall designate the maximum floor area permitted in relation to the buildable area of the site. Example: C -1 [0.5)' (b) A number following the district symbol and enclosed by parentheses shall designate the minimum number of square feet of land area required for each dwelling unit. Example: R -3 (2178) * * * -29- AMENDMENT NO. 579 APPROVED r c � w Jc m x m c> m a November 18, 1982 of Newport Beach MINUTES ROLL CALL I I I I III I I INDEX Request to consider an addition of Section 20.01.046, Item #11 District Symbols, to the Municipal Code, establishing symbols for the purpose of designating maximum floor area limitations and the minimum number of square feet of land area required for each dwelling unit. INITIATED BY: The City of.Newport Beach Planning Director Hewicker presented background information on this item. Motion Motion was made to recommend to the City Council that Al1.Ayes X X X X * X Amendment No. 579 be approved, which MOTION CARRIED, as follows: 20.01.046 DISTRICT SYMBOLS. In addition to the district designations established under Sections . 20.01.040 and 20.01.045, the following symbols are established for the purpose of designating maximum floor area limitations and the minimum number of square feet of land area required for each dwelling unit. When these symbols are placed on the Districting Maps, the floor area and dwelling unit limitations as illustrated ,shall apply. Said symbols and limitations shall be shown in the following manner: • (a) A number following the district symbol and enclosed by brackets shall designate the maximum floor area permitted in relation to the buildable area of the site. Example: C -1 [0.5)' (b) A number following the district symbol and enclosed by parentheses shall designate the minimum number of square feet of land area required for each dwelling unit. Example: R -3 (2178) * * * -29- AMENDMENT NO. 579 APPROVED COMMISSIONERS MINUTES November 18, 1982 r c m X 0 N City of Newport Beach _W ROLL CALL INDEX Request to consider the initiation of an amendment to the Newport Beach General Plan, as follows: Fifth Avenue /MacArthur Request to change the land use designation from "Low Density Residential" to "Medium Density Residential ". INITIATED BY: The City of Newport Beach Planning Director Hewicker presented background information on these requests. He stated that there is currently an amendment to the Council Policy pending, before the City Council next Monday evening which would change the initiation process for General Plan amendments. He added that tonight's meeting. is not a public hearing on these items, but rather a discussion which may be open to the public. Planning Director Hewicker stated that The Irvine Company has requested that the Fifth Avenue /MacArthur Parcel be withdrawn from consideration at this time. • I I 1 I I I I -30- Belcourt /Aeronutronic Ford Request to change the land use designation from "Low Density Residential" to "Multiple Family Residential ". Via Lido Bayfront Request to change the land use designation from a REQUESTS FOR GENERAL PLAN AMENDMENTS mixture of "Retail and Service Commercial" and "Administrative, Professional and Financial Commercial" to "Multiple Family Residential ". This request also requires an amendment to the Local Coastal Program, Land Use Plan, to change the designation from "Recreational and Marine Commercial" to RECOMMENDED • "Multiple - Family Residential ". TO CITY COUNCIL Newport Center - Block 600 THAT . Request to amend the Land Use Element to permit the ACTION BE development of a hotel within Block 600 of Newport DEFERRED Center. INITIATED BY: The City of Newport Beach Planning Director Hewicker presented background information on these requests. He stated that there is currently an amendment to the Council Policy pending, before the City Council next Monday evening which would change the initiation process for General Plan amendments. He added that tonight's meeting. is not a public hearing on these items, but rather a discussion which may be open to the public. Planning Director Hewicker stated that The Irvine Company has requested that the Fifth Avenue /MacArthur Parcel be withdrawn from consideration at this time. • I I 1 I I I I -30- November 18, 1982 7im � m C ity of Newport Beach Mr. Bob Trapp, representing J. M. Peters Company, proponent for the Belcourt /Aeronutronic. Ford request, appeared before the Commission. Mr. Trapp stated that they are requesting a change in their plan because of changes which have occurred in the housing market over the past two years. He stated that most of the people in the housing market today are looking for smaller homes and are more price sensitive. He stated that the homes which they are requesting to construct at the proposed site would have a price range of $160,000.00 to $200,000.00. He referred to an exhibit which depicted the proposed project and landscaping plan. Additionally, Mr. Trapp stated that they are requesting concurrent processing of the zone change and the tentative map. He stated that this will save approximately six months of processing time. With regard to the staff workload, he stated that they would be willing to pay increased development fees to off -set the overtime of staff or supplemental .staff which may • be obtained. n LJ Mr. Trapp referred to a letter dated November 18, 1982, from the Eastbluff Homeowners Community Association, which stated their approval of the proposed project for the Belcourt /Aeronutronic Ford site. The letter expressed a concern with traffic problems at Bison Avenue and Jamboree Road. Commissioner Allen asked what percentage of the Belcourt /Aeronutronic Ford site is currently committed or under construction. Mr. Trapp stated that 20 acres are uncommitted of the 115 total acres. He stated that the proposed request encompasses 11 acres. Mr. Robert Glasser, proponent for the Via Lido Bayfront request, appeared before the Commission. Mr. Glasser stated that in a prior application on this parcel for a timeshare use, the residents were overwhelmingly opposed to the timeshare use. However, their alternative suggestions for the use of the parcel were for a residential use which would be in keeping with the, existing uses in the immediate vicinity of the property. -31- MINUTES INDEX m � CO c m m D • �i U November 18, 1982 of Newport Beach Mr. Glasser stated that he is now proposing this request which would allow a residential use on the site where there is presently a residential /commercial mixed use. He stated that the concept which he is proposing would consist of nine condominium units with access to the water and Lido.Marina Village. In response to a question posed by Commissioner Goff, Mr. Glasser stated that there are presently eight residential units and four commercial uses on the site. Mr. Glasser stated that nine condominium units would be appropriate for the site. Mr. Bernard Schneider, representing The Four Seasons Hotel, Inc., proponent for the Newport Center - Block 600 request, appeared before the Commission. Mr. Schneider stated that they are 'proposing the construction of a 325 room hotel, plus dining and other appurtenant hotel facilities. He stated that the applicant needs to know if the City of Newport Beach is desirous of having a Four Seasons Hotel facility in town. Mr. Schneider stated that they have -been in the process of obtaining this information since GPA 80 -3. He stated that if this amendment is initiated, it would be June or July of next year before the item would be finished with the City Council proceedings. He stated that this would be more than two and one -half years since the beginning of GPA 80 -3. Chairman King expressed his concern with Block 600 of Newport Center and stated that the total amount of rooms for Newport Center must be considered, along with traffic mitigation measures for Newport Center. He stated that this should not be done in a piece meal manner, but rather the balance of Newport Center should be considered as a total package. Commissioner Allen stated that considering the balance of Newport Center as a total package would require the initiation of a General Plan Amendment for Newport Center, rather than just initiating a General Plan Amendment for the Four Seasons Hotel. -32- MINUTES INDEX MISSIONERS MINUTES x m � m Qm�xc�,� Ci November 18, 1982 of Newport Beach INDEX Chairman King stated that the impacts which would be created by the Marriott Hotel expansion and the Four Seasons Hotel would be felt by the entire community. He stated that he would be willing to consider the Four Seasons Hotel, so that the necessary information could be processed. Commissioner Goff expressed his concern that if the . balance of development in Newport Center would be considered in a General Plan Amendment, the General Plan Amendment could be amended in the future to reflect the changing needs of Newport Center. Planning Director Hewicker concurred and stated that the General Plan is a policy document which is continuously subject to change. He stated that the General Plan changes as the goals and desires of the community change. In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that if the Planning • Commission initiates a General Plan Amendment request, the Commission does not have to approve the General Plan Amendment. He stated that concurrent processing of the General Plan Amendment, Site Plan Review, Zone Change and Resubdivision, gives the decision makers the advantage. of reviewing all of the. information at one time. Chairman King stated that the Belcourt /Aeronutronic Ford site should be explored further in terms of housing in the general area. He stated that because of the, ongoing hearing with the Marriott Hotel expansion, he stated that he would be willing to schedule the Newport Center - Block 600 request. Commissioner Allen stated that the Via Lido Bayfront request is a small item. She stated that the concept for nine condominium units, as opposed to the.timeshare units, is an item which should be considered as a priority. Commissioner McLaughlin concurred. Commissioner Goff stated that staff currently has a heavy workload. He stated that even if the Four Seasons Hotel request were initiated, it would take a, long time to prepare the necessary environmental documentation. And, he stated that the decision on.the • Marriott Hotel expansion would have already been made. -33- MINUTES November 18, 1982 X m � m m y. City of Newport Beach ROLL CALL INDEX Motion Y Motion was made to recommend to the City Council that action on all of the requests for the subject General Plan Amendment be deferred to future hearing sessions, based on Planning Department workload and project priorities. Commissioner Winburn stated that she could not support the motion because the Four Seasons Hotel has been waiting since.General Plan Amendment 80 -3. She stated that the Four Seasons Hotel request should be considered as a priority. Substitute Substitute Motion was made to recommend to the City Motion Council that all of the requests for the General Plan Amendment be initiated, and that staff be directed to set the amendment for public hearing before the Planning Commission after preparation of any.necessary environmental documents, in the following order: Via • Lido Bayfront, Newport Center Block 600, and Belcourt /Aeronutronic Ford. Further, that the Belcourt /Aeronutronic Ford request be processed concurrently with respect to the zone change and tentative. map. Planning Director Hewicker stated that under the substitute motion, the three items listed will come back to the Planning Commission grouped as one General Plan Amendment. Commissioner Allen asked if the Council Policy were to be changed as stated earlier by Planning Director Hewicker, would it be possible for each item to come before the Planning Commission as the environmental documentation is ready. Mr. Bob Burnham, .Assistant City Attorney,: stated that it is the practice of the City to prepare environmental documentation for one General Plan Amendment as one document, even though it may contain different components. Planning Director Hewicker discussed the proposed change to the Council Policy and stated that if it is • approved, it may be possible to consider.,each, item separately. -34- November 18, 1982 Beach Commissioner McLaughlin stated that she can not support the substitute motion because of the staff's current workload. Ayes X X X Substitute Motion by Chairman King, recommending No X initiation of the General .Plan Amendment requests, was Absent * now voted on, which SUBSTITUTE MOTION FAILED. Ayes 2 N X X Original Motion by Commissioner Goff, recommending to Noes X the City Council that action on all of the requests for Abstain X General Plan Amendment be deferred to future hearing Absent * sessions,' based on Planning Department workload and project priorities, was now voted on, which MOTION CARRIED x • x • I ( I I I I I Request to consider possible revisions to the Open Space Option requirements for residential development. INITIATED BY: The City of Newport Beach Planning Director Hewicker discussed background information on this item. Mr., Brion Jeannette, of Brion S. Jeannette and Associates, appeared before the Commission and requested that this item be set for public hearing. In response to a question posed by Commissioner Allen, Planning Director Hewicker stated that optional wording will be provided to address the possibility of establishing the use permit procedure in conjunction with the required open space that is provided in the interior of a building site. Commissioner Goff suggested that the next staff report on this item address the issue as to whether the open space is to be provided, along the street frontages or. if it can be .provided anywhere on the property. He • expressed his concern that a major portion of the open space should be provided on the front of the property. -35- MINUTES INDEX Item #13 OPEN SPACE OPTION STUDY Set for public hearing on January 6,. 1983. � c a m c ? ` m > n x Gf ' m o w City of Beach Commissioner McLaughlin stated that she can not support the substitute motion because of the staff's current workload. Ayes X X X Substitute Motion by Chairman King, recommending No X initiation of the General .Plan Amendment requests, was Absent * now voted on, which SUBSTITUTE MOTION FAILED. Ayes 2 N X X Original Motion by Commissioner Goff, recommending to Noes X the City Council that action on all of the requests for Abstain X General Plan Amendment be deferred to future hearing Absent * sessions,' based on Planning Department workload and project priorities, was now voted on, which MOTION CARRIED x • x • I ( I I I I I Request to consider possible revisions to the Open Space Option requirements for residential development. INITIATED BY: The City of Newport Beach Planning Director Hewicker discussed background information on this item. Mr., Brion Jeannette, of Brion S. Jeannette and Associates, appeared before the Commission and requested that this item be set for public hearing. In response to a question posed by Commissioner Allen, Planning Director Hewicker stated that optional wording will be provided to address the possibility of establishing the use permit procedure in conjunction with the required open space that is provided in the interior of a building site. Commissioner Goff suggested that the next staff report on this item address the issue as to whether the open space is to be provided, along the street frontages or. if it can be .provided anywhere on the property. He • expressed his concern that a major portion of the open space should be provided on the front of the property. -35- MINUTES INDEX Item #13 OPEN SPACE OPTION STUDY Set for public hearing on January 6,. 1983. COMMISSIONERS MINUTES November 18, 1982 � c d � W m m w. City of Newport Beach ROLL CALL INDEX Motion X Motion was made to set the Open Space Option Study for All Ayes X X X X x public hearing, on January 6, 1982, which MOTION CARRIED. x x x ADDITIONAL BUSINESS - - ADDITIONAL BUSINESS- Cancellation of December 23, 1982 Meeting Motion X Motion was made, to cancel the Planning Commission All Ayes X X X X X Meeting of December 23, 1982, which MOTION CARRIED. - - Harvey Pease Request Planning Director Hewicker presented background information on this request. Chairman King stated that Mr. Pease would have to pay the appropriate filing fees in order for his request to be processed by the Planning Department and heard by the Planning Commission. He stated that only the City Council has the authority to waive filing fees. Mr. Harvey Pease appeared before the Commission and requested that this .item be set for public hearing on December 9, 1982. He stated that new information has developed since the last discussion on this item. Motion X Motion was made to set this item for public hearing on All Ayes x X X X December 9, 1982, provided that the applicant submit the required plans, filing fee and property owners' list, which MOTION CARRIED. - - * x -36- MINUTES November 18, 1982 Commission adjourned at 12:30 a.m. * * * Dave Goff, Secretary Planning Commission City of Newport'Beach I I I I I l l f -37- � x m � m m w. City of Newport Beach ROLL CALL INDEX Excused Absences i Motion X Motion was made for excused absences for Commissioner All Ayes X X X X * X Allen from the Planning Commission Meetings of December 9, 1982 and January 6, 1983, which MOTION CARRIED. * * There being no further business, the Planning Commission adjourned at 12:30 a.m. * * * Dave Goff, Secretary Planning Commission City of Newport'Beach I I I I I l l f -37-