HomeMy WebLinkAbout03/06/1986ROLL
Present
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Motion
All Ayes
Motion
A4es
MMISSIONERS REGULAR':PLANNING COMMISSION MEETING
PLACE:* City Council Chambers
p n TIME: 7:30 p.m.
v n v m DATE: March 6, 1986
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x x I x x x x All Planning Commissioners were present.
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EX- OFFICIO MEMBERS PRESENT:
James D. Hewicker, Planning Director
Carol Korade, Assistant City Attorney
STAFF MEMBERS PRESENT:
William R. Laycock, Current Planning Administrator
Robert T. Lenard, Advance Planning Administrator
Chris Dustin, Senior Planner
Donald Webb, City Engineer
Dee Edwards, Secretary
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Minutes of February 20, 1986:
Commissioner Koppelman advised that the subject
Planning Commission Minutes should be amended to read
that she abstained from the February 6, 1986, vote and
not Commissioner Goff. Motion was made for approval of
the amended February 20, 1986, Planning Commission
Minutes. Motion was voted on, MOTION CARRIED.
Request for Continuances:
James Hewicker, Planning Director, requested that Item
No. 5, Use Permit No. 3179, regarding a private, no
fee, commercial parking lot at 416 Larkspur Avenue be
continued to March 20, 1986. Mr. Hewicker advised that
a recommendation will be made by the Assistant City
Attorney that Use Permit No. 3122 (Amended) and Waiver
of Parcel Map Requirement regarding Edgewater Place,
Balboa, be continued after the public hearing has been
opened for Item No. 3.
xI I I I I I I Motion was made to continue Item No. 5, Use Permit No.
3179 to the Planning Commission meeting of March 20,
1986:. .Motion voted on, MOTION CARRIED.
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MINUTES
Minutes of
2 -20 -86
Request for
Continuance
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March
6, 1986
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Use Permit No. 2045 (Amended) (Review) (Discussion)
Planning Commission review of a previously approved use
permit which allowed the establishment of the existing
Bubbles Balboa Club with on.sale alcoholic beverages
and amplified live entertainment. The review is
necessary to ensure that all conditions of approval of
the original use permit have been met.
LOCATION: Parcel No. 1 of Parcel Map 189 -17, 18
(Resubdivision No. 713), located at
109 -111 Palm Street, on the southwes-
terly corner of Palm Street and East
Balboa Boulevard, in Central Balboa.
ZONE: C -1
APPLICANT: Bubbles Balboa Club, Ltd., Balboa
OWNER:- Same as applicant
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James ,Newicker, Planning Director, stated that one side
of the enclosure of the trash area remains to be
installed, and that the materials for that feature have
been ordered and will be installed as soon as they are
delivered.
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Mr. Jerry King, J. A. King & Associates, No. 1 Civic
Plaza, appeared before the Planning Commission on
behalf of the applicant. Mr. King advised that the
blinking lighted sign in front of the subject building
has been corrected, and that two of the three sides of
the trash enclosure have been completed and the third
side has been ordered and will be installed within a
week. Mr. King added that the building permit required
for the existing fence and the additional enclosure
will be submitted within one week.
Chairman Person advised that he observed that the
blinking lighted sign has been corrected.
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MINUTES
INDEX
Item No.l
UP2045A
No Action
Necessary
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Exception Permit No. 19 (Public Hearing)
Request to permit the construction of two future
facility signs which exceed 200 sq.ft. each, on two
lots located in the Bayview. Planned Community. The
proposal also includes a modification to the Zoning
Code so as to allow the proposed signs to encroach 5
feet into required 10 foot front and side yard set-
backs.
LOCATION: Lots 2 and 3, Tract No. 12528, located
at 2500 and 2550 Bristol Street, on the
southeasterly corner of Bristol Street
and (future) Bayview Place and the
southwesterly corner of Jamboree Road
and Bristol Street, within the Bayview
Planned Community.
ZONE: -- P -C
APPLICANT: Design 2, Santa Ana
OWNERS: J. M. Peters Company and Downey Savings
and Loan, Newport Beach
The.publia hearing was opened in connection with this
item, and Mr. Gary Underwood representing the
applicant, appeared before the Planning Commission.
Mr..- Underwood stated that the applicant concurs with
the ;findings and conditions as set forth in Exhibit
nA"
The public hearing was closed in connection with this
Motion IxI item. Motion was made to approve Exception Permit No.
All Ayes 19, subject to the findings and conditions for approval
in Exhibit "A ". Motion voted on, MOTION CARRIED.
FINDINGS:
1. That the proposed signs will be compatible with
surrounding land uses; and will not interfere with
the sight distances from automobiles or adjoining
streets.
2. That the proposed signs will not have any signifi-
cant environmental impact.
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Item No.2
EP 19
Approved
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3. The proposed signage and graphics are consistent
with the character and design of the proposed
Bayview Office Development.
4. That the proposed signs are intended to be tempo-
rary in nature and will be replaced with a perma-
nent sign program when the office construction is
completed.
5. That the site location of the proposed signs have
been changed so as not to encroach into any
required setback areas.
6. That the granting of this exception permit will
not be contrary to the.purpose of Chapter 20.06 of
the Municipal Code, and will not be materially
detrimental to the health, safety, comfort or
general welfare of persons residing in the neigh-
borhood, or detrimental or injurious to property
or improvements in the neighborhood, or to the
general welfare of the City.
CONDITIONS:
1. That development shall be in substantial confor-
mance with the approved plot plan and elevation.
2. That the applicant shall obtain building permits
_,.for. the proposed signs prior to their installa-
tion..''
3. That the proposed signs shall be removed within 24
months. of the date of installation or within 30
days: after the completion of the proposed office
iauildings, whichever date comes first, unless an
extension is approved by the Modifications Commit-
tee.
4. That exterior illumination of the proposed signs
shall be permitted subject to the approval of the
Planning Department.
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MINUTES
INDEX
A. Use Permit No. 3122 (Amended) (Public Hearing)
Request to amend a previously approved use permit which
permitted the construction of a commercial building and
related parking structure known as Edgewater Place, on
property located in the C -1 District. The proposed
amendment includes a request to delete Condition No. 2
which consists of the fulfillment of all applicable
conditions of Resubdivision No. 797.
AND
B. Waiver of Parcel Map Requirement (Discussion)
Request- to waive the requirement for a parcel map to
create.a single parcel of land where twelve lots, a
portion of one lot, a vacated portion of Edgewater
Place, and a portion of a vacated alley, now exist.
I I I I I I I I LOCATION: Lots 1, 2, 3, 7, 8, 9, 10, 11, 12, and a
• portion of Lot 4, an unnumbered lot and
a portion of a public alley proposed to
be vacated, all in Block 3 of the Balboa
Bayside.Tract; Lot 22 and 23, Block A of
the Bayside Tract; and a portion of
vacated Edgewater Place, located at 309
Palm Street, on the northerly side of
East Bay Avenue between Palm Street and
Adams Street, in Central Balboa.
ZONE: C -1
APPLICANT: Edgewater Place, Balboa
OWNERS: Mark Howard, Don Franklin, Roland
Vallely, Newport Beach
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Carol Korade, Assistant City Attorney, advised that
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A. Use Permit No. 3122 (Amended) (Public Hearing)
Request to amend a previously approved use permit which
permitted the construction of a commercial building and
related parking structure known as Edgewater Place, on
property located in the C -1 District. The proposed
amendment includes a request to delete Condition No. 2
which consists of the fulfillment of all applicable
conditions of Resubdivision No. 797.
AND
B. Waiver of Parcel Map Requirement (Discussion)
Request- to waive the requirement for a parcel map to
create.a single parcel of land where twelve lots, a
portion of one lot, a vacated portion of Edgewater
Place, and a portion of a vacated alley, now exist.
I I I I I I I I LOCATION: Lots 1, 2, 3, 7, 8, 9, 10, 11, 12, and a
• portion of Lot 4, an unnumbered lot and
a portion of a public alley proposed to
be vacated, all in Block 3 of the Balboa
Bayside.Tract; Lot 22 and 23, Block A of
the Bayside Tract; and a portion of
vacated Edgewater Place, located at 309
Palm Street, on the northerly side of
East Bay Avenue between Palm Street and
Adams Street, in Central Balboa.
ZONE: C -1
APPLICANT: Edgewater Place, Balboa
OWNERS: Mark Howard, Don Franklin, Roland
Vallely, Newport Beach
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INDEX
Item No.3
UP3122A
Waiver of
Parcel Map
Requirement
Continued
to 3 -20 -86
Carol Korade, Assistant City Attorney, advised that
because of a variety of issues such as legal
interpretations, building issues, and zoning issues,
staff has agreed to continue this item to the Planning
Commission meeting of March 20, 1986, with the purpose
of having .. discussions between the applicant, staff, and
the fee owners of the subject property in order to
resolve some of the legal interpretations and other
problems. Ms. Korade requested that this item be
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continued to the Planning Commission meeting of March
20, 1985, and that the Planning Commission request that
a1T "';iof' the interested parties meet in the City
Attorney's office at their earliest convenience.
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MINUTES
INDEX
Item No.3
UP3122A
Waiver of
Parcel Map
Requirement
Continued
to 3 -20 -86
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MMISSIONERS
March
6, 1986
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In response to a question posed by Commissioner Turner
regarding ground lease, Ms. Korade replied that the
application deals with five different parcels that are
either owned in fee, or under a lease. Commissioner
Turner stated his concern that the property owners
should be represented by the applicant and if the
property owners have not signed the applicant to be
their representative, then they should authorize
someone to represent them as their agent. Mr. Hewicker
replied that the applicant has a valid signed
application on file.
The public hearing was opened in connection with this
item, and Mr. Jerry King, J. A. King & Associates
appeared before the Planning Commission on behalf of
the applicant. Mr. King stated that the applicant and
the property owners are in agreement to continue the
subject item and to meet with staff.
Mr. Tim Paone, representing Mr. and Mrs. Roland
Vallely, appeared before the Planning Commission, and
stated that Mr. and Mrs. Vallely agree to continue the
subject item and to meet with staff.
Mr. Phil Campbell, 413 Edgewater Place, appeared before
the Planning Commission requesting information
regarding a portion of the alley that has been vacated.
Mr. Hewicker explained the process that the City must
go through to vacate an alley, and how the alley would
revert back to the adjoining property owners.
Motion was made to continue Use Permit No. 3122
(Amended) and Waiver of Parcel Map Requirement to March
20, 1986. Motion voted on, MOTION CARRIED.
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MINUTES
d s March 6,1986 MINUTES
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A. General Plan Amendment 86 -1(A) (Public Hearing)
Request to amend the Land Use Element of the Newport
Beach General Plan, changing the designation for the
Cannery Village area from a.mixture of "Recreational
and Marine Commercial" and "General Industry" uses to
"Recreational and Marine Commercial" uses on the
bayfront sites, "Retail and Service Commercial" uses in
the area northerly of 29th Street between Newport
Boulevard and Villa Way, and a mixture of "Retail and
Service Commercial" and "General Industry" uses for the
remainder of the area. It is further proposed to
change the designation for the McFadden Square area
from "Recreational and Marine Commercial" to "Retail
and Service Commercial" uses. Those existing areas
designated for "Two- family Residential" and "Multi -
Family Residential" uses are to remain unchanged.
AND
• 11111111 B. Amendment No. 8 (A) to the City of Newport Beach
Certified Local Coastal Program, Land Use Plan
(Public Hearing)
Request to amend the Local Coastal Program, Land Use
Plan, changing the designation of the non - bayfront
sites from "Recreational and Marine Commercial" to
"Retail and Service Commercial" uses. It is further
proposed to change the designation for the McFadden
Square area from "Recreational and Marine Commercial"
to "Retail and Service Commercial" uses. Those exis-
ting areas designated for "Two- family Residential" and
"Multi- Family Residential" uses are to remain un-
changed: Amendments will also be required to Land Use
Plan Maps No. 3, 8, and 9.
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C. Amendment No. 629 (Continued Public Hearing)
Request to consider amending Title 20 of the Newport
Beach Municipal Code, adding Chapter 20.63, the Cannery
Village /McFadden Square Specific Area Plan, and amend-
ing Districting Maps No. 3, 8, and 9, deleting the
existing zoning districts and adding the S -P desig-
nation; and the acceptance of an environmental docu-
ment.
LOCATION: Area generally bounded by 32nd Street on
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GPA 86 -1(A)
ndment
8..(A).
the LCP/
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d s March 6,1986 MINUTES
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A. General Plan Amendment 86 -1(A) (Public Hearing)
Request to amend the Land Use Element of the Newport
Beach General Plan, changing the designation for the
Cannery Village area from a.mixture of "Recreational
and Marine Commercial" and "General Industry" uses to
"Recreational and Marine Commercial" uses on the
bayfront sites, "Retail and Service Commercial" uses in
the area northerly of 29th Street between Newport
Boulevard and Villa Way, and a mixture of "Retail and
Service Commercial" and "General Industry" uses for the
remainder of the area. It is further proposed to
change the designation for the McFadden Square area
from "Recreational and Marine Commercial" to "Retail
and Service Commercial" uses. Those existing areas
designated for "Two- family Residential" and "Multi -
Family Residential" uses are to remain unchanged.
AND
• 11111111 B. Amendment No. 8 (A) to the City of Newport Beach
Certified Local Coastal Program, Land Use Plan
(Public Hearing)
Request to amend the Local Coastal Program, Land Use
Plan, changing the designation of the non - bayfront
sites from "Recreational and Marine Commercial" to
"Retail and Service Commercial" uses. It is further
proposed to change the designation for the McFadden
Square area from "Recreational and Marine Commercial"
to "Retail and Service Commercial" uses. Those exis-
ting areas designated for "Two- family Residential" and
"Multi- Family Residential" uses are to remain un-
changed: Amendments will also be required to Land Use
Plan Maps No. 3, 8, and 9.
WE
C. Amendment No. 629 (Continued Public Hearing)
Request to consider amending Title 20 of the Newport
Beach Municipal Code, adding Chapter 20.63, the Cannery
Village /McFadden Square Specific Area Plan, and amend-
ing Districting Maps No. 3, 8, and 9, deleting the
existing zoning districts and adding the S -P desig-
nation; and the acceptance of an environmental docu-
ment.
LOCATION: Area generally bounded by 32nd Street on
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GPA 86 -1(A)
ndment
8..(A).
the LCP/
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March 6, 1986 MINUTES
the north; the Rhine Channel on the
east; 19th Street on the south; and West
Ocean Front, 24th Street and West Balboa
Boulevard on the west.
ZONES: From C -1, C -1 -H, C -O -Z, M -1, U, R -2,
R -3, and R -4 to SP -6.
INITIATED BY: The City of Newport Beach
James Hewicker, Planning Director, referred the
Planning Commission to a letter received from the Lido
Isle Community Association dated March 5, 1986, signed
by Barrie Egan -Auld, Administrator; a letter received
from West Newport Beach Association dated March 4,
1986; a letter received from The Gilsand Company dated
March 6, 1986, pertaining to Cannery Village Lots
411/413 30th Street; and a letter received from the
McFadden Square Community Association dated March 6,
1986.
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Mr. Chris Gustin, Senior Planner, stated that the
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intent of the Specialty Retail District is to encourage
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a variety of compatible uses that will benefit the
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entire area from' the concept of shared sales from
pedestrians. He said that some of the public
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increase the level of pedestrian interest by providing
the north; the Rhine Channel on the
east; 19th Street on the south; and West
Ocean Front, 24th Street and West Balboa
Boulevard on the west.
ZONES: From C -1, C -1 -H, C -O -Z, M -1, U, R -2,
R -3, and R -4 to SP -6.
INITIATED BY: The City of Newport Beach
James Hewicker, Planning Director, referred the
Planning Commission to a letter received from the Lido
Isle Community Association dated March 5, 1986, signed
by Barrie Egan -Auld, Administrator; a letter received
from West Newport Beach Association dated March 4,
1986; a letter received from The Gilsand Company dated
March 6, 1986, pertaining to Cannery Village Lots
411/413 30th Street; and a letter received from the
McFadden Square Community Association dated March 6,
1986.
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Mr. Chris Gustin, Senior Planner, stated that the
intent of the Specialty Retail District is to encourage
a variety of compatible uses that will benefit the
entire area from' the concept of shared sales from
pedestrians. He said that some of the public
improvements within Cannery Village are designed to
increase the level of pedestrian interest by providing
various amenities including landscaping, park benches,
drinking fountains, all with a cohesive design theme.
Mr. Gustin explained that the range of land uses that
are permitted include all types of retail sales, and
personal service establishments, and professional and
business offices providing services directly to the
public. Residential uses are permitted on the second
floor where the ground floor is occupied by a permitted
use, and restaurants, hotels and motels, bed and
breakfast are permitted by securing a use permit. He
said that all uses permitted in the Recreational and
Marine Commercial and Retail and Service Commercial
Districts are permitted within the Specialty Retail
District with the exception of industrial uses. Mr.
Gustin explained that industrial uses are not permitted
primarily because they are inconsistent with the
concept of providing a pedestrian oriented environment.
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He added that the primary reason for establishing the
retail core area on the periphery is to reduce the
amount of vehicles driving through the area and
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MMISSIONERS
March
6, 1986
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In reference to the Local Coastal Program, Land Use
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Plan, Mr. Gustin commented that 29 meetings were held
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concentrating these uses in one area with the
surrounding areas being used for support uses.
Mr. Gustin stated that there is virtually no change
between the range of land uses that are currently
permitted within the Local Coastal Program, Land Use
Plan, the General Plan and the Zoning Code with the
exception of the industrial uses within the Specialty
Retail District.
In referring to Historial Preservation, Mr. Gustin
advised that the consultant who prepared the
Environmental Impact Report reviewed the National
Register of Historical Places, contacted the State
Historical Preservation Office, and contacted the
Newport Beach Historical Society. He cited that the
Environmental Impact Report does address all of the
historical and cultural resources of the area.
In reference to the Local Coastal Program, Land Use
Plan, Mr. Gustin commented that 29 meetings were held
by the Local Coastal Program committee, 9 public
hearings before the Planning Commission, 9 public
hearings before the City Council, and 2 additional
public hearings before the Coastal Commission. He
advised that the concept of visitor serving - marine
oriented uses and visitor serving recreational
commercial uses is the prime motivation behind the
Coastal Act, and that all of these uses are
incorporated in the Local Coastal Program, and as
directed by the Planning Commission and City Council,
the Specific Area Plan complies with all of those land
uses and the intent behind the uses.
In referring to Historial Preservation, Mr. Gustin
advised that the consultant who prepared the
Environmental Impact Report reviewed the National
Register of Historical Places, contacted the State
Historical Preservation Office, and contacted the
Newport Beach Historical Society. He cited that the
Environmental Impact Report does address all of the
historical and cultural resources of the area.
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Mr. Gustin advised that there have been additions made
to the Public Improvement component. He stated that
repairs of curbs, gutters and streets, and the
reconstruction of sewers in Cannery Village have been
added. Mr. Gustin advised that the aforementioned
improvements are part of the City's on -going program,
and that these are improvements that will be funded
through the City's General Fund and the property owners
will not be assessed. He cited that staff is
considering an alternative to the widening of Newport
Boulevard which involves the restriping of Newport
Boulevard between 30th Street and 32nd Street, similar
to the proposed restriping between 19th Street and 26th
Street that would provide a third outbound lane without
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necessitating the acquisition of buildings and
right -of -way in that stretch of the roadway; however,
he added that a portion of the existing building at the
southeast corner of 32nd Street and Newport Boulevard
would.have to be acquired, and that would be required
only to provide a flare so that the roadway is aligned
properly.
MINUTES
Mr. Gustin referred to the proposed Project 8: Newport
Boulevard /Balboa Boulevard intersection realignment, and
staff's recommendation to delete Project 8. Mr. Gustin
advised that staff is of the opinion that after
reviewing the intersection over the past several years
that an adequate change cannot be implemented that will
result in a measurable improvement to the area.
March
6, 1986
COMMISSK)NERS
Mr. Gustin advised that Project 20 has been added:
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Restriping Newport Boulevard between 19th Street and
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26th Street. He stated that this project would be an
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alternative to the realignment which would provide the
necessitating the acquisition of buildings and
right -of -way in that stretch of the roadway; however,
he added that a portion of the existing building at the
southeast corner of 32nd Street and Newport Boulevard
would.have to be acquired, and that would be required
only to provide a flare so that the roadway is aligned
properly.
MINUTES
Mr. Gustin referred to the proposed Project 8: Newport
Boulevard /Balboa Boulevard intersection realignment, and
staff's recommendation to delete Project 8. Mr. Gustin
advised that staff is of the opinion that after
reviewing the intersection over the past several years
that an adequate change cannot be implemented that will
result in a measurable improvement to the area.
Mr. Gustin stated that staff is recommending the
deletion of Project 6, the Pedestrian Walkway in
Cannery Village; and Project 14, the realignment of
Newport Boulevard/Balboa Boulevard resulting in the
elimination of the island properties. He cited that
Project 9, the McFadden Square Parking Facility has
been recommended for deletion because the $3.9 million
to provide .a parking structure in that area is an
excessive amount of money for the benefit that would be
received.
Mr. Gustin referred to the potential areas of
assessment districts, and he emphasized that the
preliminary concepts is to show potential areas of
benefit of the individual improvements, and that there
is no definite decision made on the benefit areas.
Mr. Gustin advised that Project 20 has been added:
Restriping Newport Boulevard between 19th Street and
26th Street. He stated that this project would be an
alternative to the realignment which would provide the
third outbound lane from 19th Street to 32nd Street in
conjunction with the widening of Newport Boulevard from
32nd Street to West Coast Highway.
Mr. Gustin stated that staff is recommending the
deletion of Project 6, the Pedestrian Walkway in
Cannery Village; and Project 14, the realignment of
Newport Boulevard/Balboa Boulevard resulting in the
elimination of the island properties. He cited that
Project 9, the McFadden Square Parking Facility has
been recommended for deletion because the $3.9 million
to provide .a parking structure in that area is an
excessive amount of money for the benefit that would be
received.
Mr. Gustin referred to the potential areas of
assessment districts, and he emphasized that the
preliminary concepts is to show potential areas of
benefit of the individual improvements, and that there
is no definite decision made on the benefit areas.
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Commissioner Koppelman referred to Project 8, Newport
Boulevard/Balboa Boulevard Intersection Realignment,
and asked Mr. Gustin to explain the statement within
the staff report that "it cannot be improved without
adversely impacting another element of the system ".
Mr. Gustin 'explained that the concept was to increase
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the number of public parking spaces within the vicinity
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March
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and the City's Traffic Consultant redesigned the
concept two times: the first concept increased the
amount of public parking by 27 %, gaining 81 parking
spaces in the area, but adversely affected the ability
of pedestrians and bicyclist to travel through the
area. The Traffic Consultant was then asked to improve
the pedestrian and bicycle flow through the area. The
second concept resulted in a loss of public parking by
4 %, 13 parking spaces, which staff felt was not
acceptable. Mr. Gustin concluded that the current
design seems to be the best for all elements of the
system.
Mr. Henry Swenerton, 1106 West Ocean Front, appeared
before the Planning Commission as a member of the ad
hoc committee during the drafting of the proposed
Specific Area Plan, and as a past president of the
Central Newport Beach Community Association. He
referred to the February 20, 1986, Planning Commission
meeting and comments made regarding tradition and the
importance of preserving this area. He recommended that
is the Newport Boulevard /Balboa Boulevard intersection
realignment be deferred, and be given a proper priority
rather than be deleted as recommended, because of the
dangerous conditions of the intersection. He further
recommended that a parking structure will be needed in
the future within the McFadden Square area, and not to
delete but to change the priority.
Ms. Judith Longyear, a member of the Board of Directors
of the Lido Isle Community Association, appeared before
the Planning Commission. Ms. Longyear read a letter
signed by the Administrator of the Lido Isle Community
Association on behalf of the Board of Directors dated
March 5, 1986, to the Planning Commission stating that
the Lido Isle Community Association would like to go on
record requesting that the Cannery Village and McFadden
Square areas be separated in the proposed Cannery
Village/McFadden Square Specific Area Plan; that
"hotel" and "motel" use be deleted from the Cannery
Village Plan; and that the Lido Isle Community
Association would like to see a cost/benefit analysis
based on costs and benefits to all Newport taxpayers,
as well as an analysis for residents and land owners
directly impacted by the proposed Plan.
I I I I I Commissioner Koppelman , asked Ms. Lonqyear what
specifically would the Lido Isle Community Association
feel would be wrong if a hotel would be developed in
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In response to a question posed by Commissioner Turner,
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Cannery Village. Ms. Longyear replied that Cannery
village is a small area and that the use of a hotel
would demand larger streets and facilities; that the
area is for the residents of Newport Beach; that a
hotel is not necessary, and would encourage tourists to
come to the area. Commissioner Koppelman cited that if
a hotel would be approved in the area, that the use is
one of the least traffic generating uses. Ms. Longyear
replied that a hotel requires different kinds of
support and would require uses that Lido Isle Community
Association would not like for the area, specifically
tourism and busses. In response to a question posed by
Commissioner Koppelman, Mr. Gustin replied that there
would no difference in the infrastructure if a hotel
would be developed in the area.
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In response to a question posed by Commissioner Turner,
Ms. Longyear stated that the Lido Isle Community
Association is in favor of the proposed Specific Area
Plan with the exception of the aforementioned concerns.
Mrs. Jean watt, representing SPON, appeared before the
Planning Commission stating that SPON supports the
"trend" traffic plan, which is a 3% traffic decrease
over the existing traffic, vs. the "max" plan. She
said that prior efforts made by SPON regarding traffic
have been toward bringing land use into an acceptable
level with the traffic service or bringing the traffic
into consistency (LOS "D ").
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Mrs. Watt pointed out that a problem that she sees is
stated in the Environmental Impact Report that reads:
"analysis of the weekday PM peak hour conditions along
Newport Boulevard and Balboa Boulevard show no
intersection currently operating with an ICU over 1.00,
and the "worst" location, Newport Boulevard at 32nd
Street, shows a three percent improvement as a result
of the proposed plan ". She opined that the proposed
plan is the "trend" plan, that the "max" plan is one
that everything in Newport Beach always eventually
arrives at the very maximum of what is allowed. She
opined that 1.00 is LOS "F" that is an unacceptable
level by any kind of standard, and a 38 decrease would
be a grand goal for a Specific Area Plan. Mrs. Watt
said that SPON applauds the effort of bringing the land
use more in line with an acceptable level of service.
The "trend" plan is what is wanted and what should be
embodied in the General Plan. She opined that to make
a decision based on a mere hope that the "trend" plan
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will ensue is not realistic, that to make a decision
based on the information in the Environmental Impact
Report (EIR) can also lead to surprises in actual
situations later. She commented that she has not read
Appendix "E ", but will do so. before the Specific Area
Plan goes to City Council. She opined that the
analysis is misleading, that the analysis is geared to
how much reducing development from the maximum under
present zoning will decrease impact, when "CEQA"
actually states to look at how much worse the impacts
will be over existing conditions. SPON does not feel
that the EIR reveals the worst case situation for two
reasons: the EIR assumes the off - season peak weekday
period when actually the peak summer weekday period is
what should be looked at. As a result, the ICU can be
underestimated by a fair amount. In addition, she
opined that the EIR does not seem to take under
consideration the accumulative traffic, whereby she
read from the EIR: "it should be noted that these
volumes do not . include trips generated by other land
uses in the vicinity of the study area and hence are
lower than the actual volumes on these facilities ".
She stated that SPON is registering suspicion that the
project does, in fact, cause or make worse an
unsatisfactory level of service. She pointed out three
problem intersections: Newport Boulevard/Via Lido;
Newport Boulevard /32nd Street /; and Newport
Boulevard /Balboa Boulevard. She concluded her
presentation by stating that an analysis should be done
that shows a summer weekday peak hour traffic and the
accumulative project traffic, and that then it would
allow for a decision that would make for better
consistency between land use and circulation, and then
the "trend" plan may be the result.
In response to questions posed by Chairman Person, Mrs.
Watt replied that SPON has concentrated on the traffic
analysis and not the concern for a hotel or motel; and
in reference to the proposed outbound lane on Newport
Boulevard during the summer months, she replied that
there is a need for something above and beyond the
outbound lane, that there is a certain lapse in the
analysis. She opined that it is strictly a matter of
land use as it is broken down, and what the "maximum"
seems to apply could happen, and SPON believes will
• happen if that is what is allowed.
In response to a question posed by Commissioner Turner
regarding the widening of Newport Boulevard, Mrs. Watt
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opined that the analysis has been done based on the
improvements; and she commented that no improvements
seem to be acceptable. She commented that the flow of
traffic and how it breaks down at intersections is the
basic focus or "how it works ". She opined that the
Quality of Life Committee should be concerned with "how
it works ". She referred to the standards of traffic
service, that the standards have to be described, that
the level of service "D" is a very weak standard and
the way the City is measuring it is not conservative
and letting a lot of traffic go through, what happens
to people in respect to quality of life is that traffic
is stressful and time consuming.
Mrs. Jan Debay, 5107 Seashore Drive, appeared before
the Planning Commission and read the letter addressed
to the Planning Commission dated March 4, 1986, from
the West Newport Beach Association. The letter stated
that the Board of Directors of the West Newport Beach
Association unanimously voted to support the Cannery
• Village/McFadden Square Specific Area Plan; that
implementation of the proposed Specific Area Plan in
accordance with the priority recommendations of the
planning staff will provide guidelines for
revitalization and development and cause improvement of
the area which is long overdue; that the proposed
zoning is appropriate for the area; and that public
improvements are essential to community well being such
as additional parking. Mrs. Debay commented that the
West Newport Beach area is within the "sphere of
influence" of McFadden Square and is heavily impacted
by McFadden Square, and the beach traffic on Newport
Boulevard and Balboa Boulevard.
Mr. Paul Balalis, 1129 East Balboa Boulevard, appeared
before the Planning Commission. Mr. Balalis referred
to the McFadden Square Community Association letter
dated March 6, 1986, to the Planning Commission. The
letter states that the McFadden Square Community
Association supports the Cannery Village/McFadden
Square Specific Area Plan. He opined that the
"mixmaster" Newport Boulevard /Balboa Boulevard
realignment, McFadden Square Plaza, McFadden Promenade,
McFadden Streetscape, and Newport Pier Restroom
Relocation be addressed and implemented as a total
• integrated project to coincide with the widening of the
Channel Bridge. He said that by doing so, there would
be a better opportunity to plan the improvements
simultaneously, and that only one project, Project 11,
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has not been recommended by the City to coincide with
the aforementioned projects, but that the restroom
relocation would allow better flexibility for location
of the new facility. Mr. Balalis complimented the staff
and consultants for the work that has been done on the
Cannery Village /McFadden Square Specific Area Plan
during the past seven years. He emphatically stated
the positive attitude that has prevailed throughout the
private sector in planning for the Cannery
Village/McFadden Square area.
In response to a question posed by Commissioner
Koppelman, Mr. Balalis advised that the McFadden Square
Community Association has not taken a stand regarding
the parking structure, that the McFadden Square
Community Association feels that at this point the
parking structure would be a lot of money, but he opined
that the City will have to take some measures in the
future for parking. He suggested that maybe the City
should not delete the project, but defer the parking
structure to a future time, and that the City should
take the lead and encourage the private sector to pay
for the improvement.
Chairman Person complimented Mr. Balalis for the newly
formed McFadden Square Community Association.
Mr. Balalis reflected that during the period that he
was involved in the Local Coastal Program/Land Use
Plan, that the Coastal Commission encouraged visitor
related facilities. He commented on the uniqueness of
Cannery Village. He referred to the Lido Isle
Community Association's concerns regarding a hotel, and
he opined that hotels and motels could be developed of
a low rise level, that hotels can be good atmosphere,
and they can become good neighbors.of the general area.
He recommended that hotels and motels be left in the
Cannery Village /McFadden Square Specific Area Plan.
Mr. Joe Rosener, 125 via Venezia, appeared before the
Planning Commission. Mr. Rosener referred to a letter
from the Lido Isle Community Association dated March 5,
1986, to Mr. Tom Crandall, District Director of the
California Coastal Commission. Mr. Rosener explained
that the letter asks a series of questions of the State
Coastal Commission relating to what is prioritized
within the area plan concept and specifically relates
to hotels, and he opined that there will be a written
answer to the Lido Isle Community Association. Mr.
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has not been recommended by the City to coincide with
the aforementioned projects, but that the restroom
relocation would allow better flexibility for location
of the new facility. Mr. Balalis complimented the staff
and consultants for the work that has been done on the
Cannery Village /McFadden Square Specific Area Plan
during the past seven years. He emphatically stated
the positive attitude that has prevailed throughout the
private sector in planning for the Cannery
Village/McFadden Square area.
In response to a question posed by Commissioner
Koppelman, Mr. Balalis advised that the McFadden Square
Community Association has not taken a stand regarding
the parking structure, that the McFadden Square
Community Association feels that at this point the
parking structure would be a lot of money, but he opined
that the City will have to take some measures in the
future for parking. He suggested that maybe the City
should not delete the project, but defer the parking
structure to a future time, and that the City should
take the lead and encourage the private sector to pay
for the improvement.
Chairman Person complimented Mr. Balalis for the newly
formed McFadden Square Community Association.
Mr. Balalis reflected that during the period that he
was involved in the Local Coastal Program/Land Use
Plan, that the Coastal Commission encouraged visitor
related facilities. He commented on the uniqueness of
Cannery Village. He referred to the Lido Isle
Community Association's concerns regarding a hotel, and
he opined that hotels and motels could be developed of
a low rise level, that hotels can be good atmosphere,
and they can become good neighbors.of the general area.
He recommended that hotels and motels be left in the
Cannery Village /McFadden Square Specific Area Plan.
Mr. Joe Rosener, 125 via Venezia, appeared before the
Planning Commission. Mr. Rosener referred to a letter
from the Lido Isle Community Association dated March 5,
1986, to Mr. Tom Crandall, District Director of the
California Coastal Commission. Mr. Rosener explained
that the letter asks a series of questions of the State
Coastal Commission relating to what is prioritized
within the area plan concept and specifically relates
to hotels, and he opined that there will be a written
answer to the Lido Isle Community Association. Mr.
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ROLL CALL
Rosener referred to the staff report whereby the staff
report states that hotels are a priority item, and he
opined that the converse is the real state of affairs,
and hotels and motels are the lowest in the priorities
of use of coastal rather than.a high priority item. He
further opined that what is intended for the Rhine
Channel are shipyards and repair facilities for true
water dependent items, as the high priorities, and not
hotels and motels.
Mr. Rosener commented that McFadden Square proponents
are in favor of one -half of what is being proposed and
not necessarily in favor of the entire Cannery
Village/McFadden Square Specific Area Plan. He opined
that splitting the two areas would be a desirable
idea. Mr. Rosener stated that if true hotel
development takes place, the development would change
the character of the area, and then the improvements
would go in to service a hotel, a different type of
orientation than what the improvements would serve the
•
citizens of Newport Beach. Mr. Rosener cited that his
intent is resident serving to the people of Newport
Beach.
Commissioner Koppelman asked Mr. Rosener what
improvements he would envision that would go into
Cannery Village as a result of a hotel that would not
be a good thing for the area. Mr. Rosener replied that
stores and services for people from outside of the
community, that a visitor has different needs than a
resident, and the character and type of development
would be very different. He commented that what he has
in mind would be a product that tourists take home with
them, and he compared this product to the many visitors
and kind of product that is seen in Lido Village.
In response to a question posed by Commissioner
Eichenhofer, Mr. Rosener stated that he envisions a 150
room hotel within Cannery village that would require
support shops. In response to a question posed by
Chairman Person, Mr. Rosener confirmed that he views
Cannery Village as between 28th Street and 32nd Street.
Mr. Tony Herman, owner of Bouzy Rouge Restaurant, 3110
Newport Boulevard, appeared before the Planning
Commission. He commented that he is in support of the
•
Cannery Village/McFadden Square Specific Area Plan,
specifically the widening and restriping of Newport
Boulevard that are needed to improve the environment.
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Mr. Willis Longyear, Via San Remo, appeared before the
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Planning Commission. He stated that the residents of
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sidewalks, and utilities in Cannery Village, but
Chairman Person advised Mr. Herman that the City would
work with Mr. Herman at the time of the proposed
widening of Newport Boulevard between 30th Street and
32nd 'Street. Mr. Herman advised that a 30 foot
encroachment into his property would basically render
that building non - structural.
Mr. Henry Swenerton, reappeared before the Planning
Commission. Mr. Swenerton submitted recent statistics
of current and projected hotel room occupancy within
Newport Beach, and he opined that the statistics would
indicate that hotels would not be economically feasible
within the area. Mr. Swenerton stated that Central
Newport Beach Community Association supports the
Cannery Village /McFadden Square Specific Area Plan.
Mrs. Dayna Pettit, Balboa, appeared before the Planning
Commission. Mrs. Pettit stated her support of the
adoption of the Cannery Village /McFadden Square
Specific Area Plan.
Mr. Tony Shepardson, 421 - 31st Street, appeared before
the Planning Commission. Mr. Shepardson stated that as
a resident of Cannery Village he is in support of the
Cannery Village/McFadden Square Specific Area Plan, and
he commented upon the need for a new parking structure
somewhere within the vicinity. He commented that many
of the streets, curbs, and sidewalks are hazardous, and
should be on a high priority. He further commented
that he would be willing to pay whatever the properties
are assessed.
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Mr. Willis Longyear, Via San Remo, appeared before the
Planning Commission. He stated that the residents of
Lido Isle are in favor of improving the streets, the
sidewalks, and utilities in Cannery Village, but
against bulldozing a community that can take care of
itself. He opined that hotels would maximize the site
for economic reasons, that there would be conventions,
and bus loads of people throughout the area. He pointed
out that hotels would raise the level of visitor
activity to the extent that the current marine activity
will have a difficult time staying in Cannery Village.
He commented that he is against making the area a
visitor center because of what will happen to what is
•
currently there.
In response to Commissioner Eichenhofer's question
regarding bulldozing, Mr. Longyear replied that a high
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hotel would be proposed, what height restriction and
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pressure system like a hotel would require an
environment that would grow, and will take the place of
what is there now. He cited that there would be no
need for marine repair facilities or antique shops.
In response to a question posed by Commissioner Turner,
Mr. Longyear replied that he has no feelings regarding
a hotel out of the Cannery Village area. Chairman
Person asked Mr. Longyear if he considers Cannery
Village between 28th Street and 32nd Street. Mr.
Longyear replied that he includes a previous boat
parking lot within the Cannery Village area.
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Commissioner Eichenhofer asked staff that if a 150 room
hotel would be proposed, what height restriction and
parking would be associated with the hotel. In response
to Commissioner Eichenhofer's question, Mr. Hewicker
replied that a 26 foot height could accommodate a two
story or perhaps a 3 story building, a Floor Area Ratio
maximum of one times buildable area, and a parking
standard that is higher than any other parking
requirement within the City so far. He cited that a
hotel developer would build under standards that are
more restrictive than hotels have been previously. Mr.
Gustin replied that based on 150 hotel rooms, as much
as 45,000 square feet would be required for a surface
parking facility, 30,000 square feet for the hotel
rooms alone plus additional square footage for support
areas, and view corridors, requiring a lot size of
approximately 75,000 square feet to 100,000 square
feet, or 2 1/2 to 3 acres. Commissioner Goff commented
that based on 100,000 square feet, and the average size
of a lot in Cannery Village, a hotel would require 37
Cannery Village lots.
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Mr. Derek Niblo, 121 Via Venezia, appeared before the
Planning Commission. Mr. Niblo recommended that
Cannery Village be developed as a service industry area
for the local residents. He commented that Cannery
Village remain with a local feeling and local color.
He opined that a hotel would be a totally different
type of feeling and would bring more busses into the
area. He recommended to allow Cannery Village
naturally evolve, to encourage the development of
Cannery Village but allow the development to naturally
happen.
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Chairman Person asked Mr. Niblo his impression of the
Cannery Village/McFadden Square Specific Area Plan and
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what he would take away from the plan except for the
hotel /motel designation. Mr. Niblo replied that he
like the Specific Area Plan and he complimented Chris
Gustin. He cited that his primary concern would be the
hotel and what the conditional use permit would allow.
Chairman Person referred to the previously stated bus
problem, and cited that he will be asking City Council
or staff to submit a survey of the businesses in the
Lido Village area. He opined that the bus passengers
are going to the boats and to the marina. Mr. Niblo
replied that the passengers are also going to Magic
Island, and that three or four busses at a time are
parking on Lido Island.
Mr. Russ Fluter, 510 - 30th Street, appeared before the
Planning Commission. Mr. Fluter stated that he
supports the Cannery Village /McFadden Square Specific
Area Plan, that the staff and property owners have been
able to compromise on a zoning that reduces the
11111111 density, and that streetscape signage should be a high
priority. He requested that there be some development
flexibility regarding setbacks or dedication on
waterfront properties.
The Planning Commission recessed at 9:07 p.m. and
reconvened at 9:22 p.m.
Commissioner Goff asked Donald Webb, City Engineer, if
other design concepts for the mixmaster have been
proposed. Mr. Webb replied that there are no solutions
beyond that which is proposed. Discussion followed
between Chairman Person and Mr. Webb regarding the
mixmaster and what could be proposed for the
intersection. In response to Commissioner Goff, Mr.
Webb replied that the mixmaster project could be
deferred, and if a development would occur that would
significantly improve the situation, then that plan
could be implemented. In response to questions posed by
Commissioner Koppelman regarding staff's recommendation
that the mixmaster be deleted from the Cannery
Village /McFadden Square Specific Area Plan, Mr. Webb
replied that the economics of the mixmaster and what
would be given in return did not make sense.
• Mr. William Blurock appeared before the Planning
Commission. Mr. Blurock stated that the McFadden
Square Community Association's recommendation of high
priority and total integration of Projects No. 8, 10,
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Mr. Joe Rosener reappeared before the Planning
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Commission. Mr. Rosener referred to Mr. Gustin's
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aforementioned square footage statistics to develop a
•
11, 12, and 13 includes the mixmaster as a key to the
development of McFadden Square. In response to a
question posed by Commissioner Turner, Mr. Blurock
stated that there would be no problem if the mixmaster
contained a stipulation that any additional studies
would be kept within the existing right -of -ways.
Mrs. Judith Longyear reappeared before the Planning
Commission. Mrs. Longyear commented on earlier
questions posed to her by Commissioner Turner that
because the Board of Directors of the Lido Isle
Community Association have not discussed the Villa Way
street widening thoroughly she cannot make a statement
regarding their position; however, she stated that the
Lido Isle Community Association approves of the
infrastructure improvements in Cannery Village.
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Mr. Joe Rosener reappeared before the Planning
Commission. Mr. Rosener referred to Mr. Gustin's
aforementioned square footage statistics to develop a
•
hotel, and he stated that these qualifications are what
has caused many residents concern. Mr. Rosener pointed
out an area within Cannery Village that could be
developed for a hotel, and he further indicated that if
a hotel would be developed that there could be off -site
parking. Mr. Rosener opined that if there is a
certainty that no hotel would be constructed within
Cannery Village, why leave it in the use permit
procedure. Mr. Rosener referred to a previous
statement that the Coastal Commission would require a
hotel or motel, and he asked that if the Coastal
Commission replied that a hotel or motel are not
necessary for the approval of the Specific Area Plan,
would you agree to eliminate hotels and motels? Mr.
Gustin replied that his contact with the Coastal
Commission is the Newport Beach staff analyst, who has
over the past three years worked with the Planning
Department staff regarding all permit applications, all
discretionary permits that have been through the City
and all of the local coastal program amendments that
have been processed through the City, and Mr. Gustin
cited that the analyst knows the City's local coastal
program as well as any staff person. Mr. Gustin stated
that he has asked the analyst what his reaction would
be if the City attempted to delete hotels and motels,
and he replied that if the matter is left at the staff
level that the Coastal Commission would oppose the
idea. Mr. Rosener replied that the Coastal Commission
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in 'Sacramento has a different point of view to that of
the representatives of the local Commission Commission.
Mr 'Joseph Di Vincenzo, representing the owner of the
Crab ker restaurant, appeared before the Planning
`Commission. Mr. Di Vincenzo stated that he would be in
favor,of deferring Project 8, the mixmaster, instead of
deleting the project as recommended by staff.
Mr. Tom Hyans, 217 - 19th Street, appeared before the
Planning Commission. Mr. Hyans stated that he supports
the Cannery Village /McFadden Square Specific Area Plan,
however, he does not support the recommendation to
delete Project 8, the mixmater, or that the project be
considered as a separate project. He commented that he
supports the Newport. Boulevard /Balboa Boulevard
realignment as indicated.
I I I I I I I Mr. John Franco, 202 Via Palermo, appeared before the
Planning Commission. Mr. Franco commented that the
• Cannery Village/McFadden Square Specific Area Plan is a
good plan, and that future development would be a roll
back from the development that is permitted now. He
opined that the proposed Specific Area Plan would keep
the atmosphere of the Cannery Village; that this would
be a general implementation plan of how to go forward
if anyone wants to go forward; that some of the
Assessment Districts may not go; that the Specific Area
Plan prevents development from going "haywire "; and
that there is a logical control guide for improvements
that are needed. Mr. Franco questioned the success of
the economics and land feasibility to construct a large
hotel structure. Mr. Franco proceeded with quotations
that could be related to the analysis and work that has
been done on the Cannery Village/McFadden Square
Specific Area Plan project, and in conclusion he said,
"it may not please everybody but you have offended the
most people with the least you can get away with and in
a social community that is an awfully good
achievement ".
The public hearing was closed at this time.
In response to Commissioner Goff's concerns regarding
the Cannery Village /McFadden Square Specific Area Plan
• summary and analysis for future use, staff commented
that the Municipal Code does not contain the
environmental document that was published and packaged
ten years ago for the Mariner's Mile Specific Area
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in 'Sacramento has a different point of view to that of
the representatives of the local Commission Commission.
Mr 'Joseph Di Vincenzo, representing the owner of the
Crab ker restaurant, appeared before the Planning
`Commission. Mr. Di Vincenzo stated that he would be in
favor,of deferring Project 8, the mixmaster, instead of
deleting the project as recommended by staff.
Mr. Tom Hyans, 217 - 19th Street, appeared before the
Planning Commission. Mr. Hyans stated that he supports
the Cannery Village /McFadden Square Specific Area Plan,
however, he does not support the recommendation to
delete Project 8, the mixmater, or that the project be
considered as a separate project. He commented that he
supports the Newport. Boulevard /Balboa Boulevard
realignment as indicated.
I I I I I I I Mr. John Franco, 202 Via Palermo, appeared before the
Planning Commission. Mr. Franco commented that the
• Cannery Village/McFadden Square Specific Area Plan is a
good plan, and that future development would be a roll
back from the development that is permitted now. He
opined that the proposed Specific Area Plan would keep
the atmosphere of the Cannery Village; that this would
be a general implementation plan of how to go forward
if anyone wants to go forward; that some of the
Assessment Districts may not go; that the Specific Area
Plan prevents development from going "haywire "; and
that there is a logical control guide for improvements
that are needed. Mr. Franco questioned the success of
the economics and land feasibility to construct a large
hotel structure. Mr. Franco proceeded with quotations
that could be related to the analysis and work that has
been done on the Cannery Village/McFadden Square
Specific Area Plan project, and in conclusion he said,
"it may not please everybody but you have offended the
most people with the least you can get away with and in
a social community that is an awfully good
achievement ".
The public hearing was closed at this time.
In response to Commissioner Goff's concerns regarding
the Cannery Village /McFadden Square Specific Area Plan
• summary and analysis for future use, staff commented
that the Municipal Code does not contain the
environmental document that was published and packaged
ten years ago for the Mariner's Mile Specific Area
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Plan, lout that these documents are used continually for
reference material today.
Commissioner Koppelman asked for the procedure if the
Planning Commission made a decision to put a project on
a "hold basis rather than a priority. Mr. Hewicker
replied that a project could be put in a continuing or
a review category. Chairman Person suggested a
priority of more than ten years. Robert Lenard,
Advance Planning Administrator, advised that the
mixmaster improvement could be included into a
continuing category on the same program with the
widening' of Newport Boulevard; however, the McFadden
Square parking structure could be placed in a category
of a longer time period.
Commissioner Turner suggested that a straw vote be
taken on each project by priority. Chairman Person
pointed out that the straw votes would be taken on the
public improvement portion of the Cannery
. Village /McFadden Square Specific Area Plan.
Commissioner Turner advised that Priority I includes
projects that would be prioritized immediately. The
projects are: Project 3: Cannery Village, Parking
Structure; Project 4: Cannery Village installation of
curbs, gutters, and sidewalks; Project 11: McFadden
Square restroom relocation; Project 15: Cannery Village
and McFadden Square Parking Management Plan which he
cited would be a revenue generator and not a cost item.
The estimated cost for Projects 3, 4, and 11 would be
$2,315,000 of which $1,580,000 would come from the
General Fund, $200,000 from the Parking Fund, and
$535,000 from Assessment Districts.
Commissioner Turner made a straw vote motion to approve
Priority I because the aforementioned projects are
parts of the infrastructure, parts of the
responsibility that the City has in that area, and if
these projects are approved they will tend to help lead
additional improvements into the specific areas. He
cited that the improvements are those that everyone
wants to see in the long run.
March
6, 1986
COMMISSIONERS
In response to a question posed by Commissioner Winburn
X
c o
regarding Project 11, the relocation of the McFadden
•
x
y
_ v m
z C m y m =
Square restroom relocation and the exposure of the dory
C Z m 0 3 0 0
a = Z T
I City
of
Newport
Beach
Z
Plan, lout that these documents are used continually for
reference material today.
Commissioner Koppelman asked for the procedure if the
Planning Commission made a decision to put a project on
a "hold basis rather than a priority. Mr. Hewicker
replied that a project could be put in a continuing or
a review category. Chairman Person suggested a
priority of more than ten years. Robert Lenard,
Advance Planning Administrator, advised that the
mixmaster improvement could be included into a
continuing category on the same program with the
widening' of Newport Boulevard; however, the McFadden
Square parking structure could be placed in a category
of a longer time period.
Commissioner Turner suggested that a straw vote be
taken on each project by priority. Chairman Person
pointed out that the straw votes would be taken on the
public improvement portion of the Cannery
. Village /McFadden Square Specific Area Plan.
Commissioner Turner advised that Priority I includes
projects that would be prioritized immediately. The
projects are: Project 3: Cannery Village, Parking
Structure; Project 4: Cannery Village installation of
curbs, gutters, and sidewalks; Project 11: McFadden
Square restroom relocation; Project 15: Cannery Village
and McFadden Square Parking Management Plan which he
cited would be a revenue generator and not a cost item.
The estimated cost for Projects 3, 4, and 11 would be
$2,315,000 of which $1,580,000 would come from the
General Fund, $200,000 from the Parking Fund, and
$535,000 from Assessment Districts.
Commissioner Turner made a straw vote motion to approve
Priority I because the aforementioned projects are
parts of the infrastructure, parts of the
responsibility that the City has in that area, and if
these projects are approved they will tend to help lead
additional improvements into the specific areas. He
cited that the improvements are those that everyone
wants to see in the long run.
-22-
MINUTES
In response to a question posed by Commissioner Winburn
regarding Project 11, the relocation of the McFadden
•
Square restroom relocation and the exposure of the dory
fishermen site, Mr. Gustin replied that the area is not
included within the Specific Area Plan, and that the
-22-
MINUTES
Quality of Life Committee is currently trying to
resolve the issue of cleaning up the area surrounding
the dory fishermen.
Chairman Person commented on. Project 15, the Parking
Management Plan as being a Plan in conjunction with the
Cannery Village parking structure. He stated that the
development of a Parking Management Plan, could result
in the creation of a separate parking district within
Cannery Village to charge in -lieu fees based on the
actual cost of a parking space, including both land and
structure costs. He said that he believes that Project
15 is an important element of the Specific Area Plan,
and that the Parking Management Plan should be a
revenue source in that it will permit the City to
revamp the in- lieu.system. Chairman Person stated that
he would support the straw vote motion to approve
Projects No. 3, 4, 11, and 15.
March
6, 1986
COMMISSIONERS
Commissioner Turner pointed out that the current
xx
in -lieu fee is $150.00 per space and the fee is not in
keeping with values within the City. He opined that the
a v
A
in -lieu fees will be looked at more closely in the
C 2 N p r o o
i = a = M � m
City
of
Newport
Beach
_
Quality of Life Committee is currently trying to
resolve the issue of cleaning up the area surrounding
the dory fishermen.
Chairman Person commented on. Project 15, the Parking
Management Plan as being a Plan in conjunction with the
Cannery Village parking structure. He stated that the
development of a Parking Management Plan, could result
in the creation of a separate parking district within
Cannery Village to charge in -lieu fees based on the
actual cost of a parking space, including both land and
structure costs. He said that he believes that Project
15 is an important element of the Specific Area Plan,
and that the Parking Management Plan should be a
revenue source in that it will permit the City to
revamp the in- lieu.system. Chairman Person stated that
he would support the straw vote motion to approve
Projects No. 3, 4, 11, and 15.
Commissioner Koppelman stated that she will support the
straw vote motion to approve Priority 1. She
specifically pointed out that Project 4, the
installation of curbs, gutters and sidewalks, would
virtually eliminate all of the previous flooding
problems, and that this would be a first step towards
renovation in the Cannery Village area.
Straw vote motion was voted on to approve Priority 1:
Project 3: Cannery Village Parking Structure; Project
4: Installation of Cannery Village Curbs, Gutters and
Sidewalks; Project 11: McFadden Square Restroom
Relocation; Project 15: Cannery Village and McFadden
Straw Vote Square Parking Management Plan. STRAW VOTE MOTION
All Ayes CARRIED TO INCLUDE PROJECTS 3, 4, 11, and 15.
Commissioner Turner stated that Priority 2 recommends
development of the projects within 2 years. Included
in Priority 2 are Project 5: Cannery Village
Streetscape estimated cost $663,000 funded by an
Assessment District; Project 6. Newport
Boulevard /Balboa Boulevard Realignment within McFadden
Square; Project 10: McFadden Plaza estimated cost
$300,000 funded by an Assessment District; Project 12:
-23-
MINUTES
INDEX
Commissioner Turner pointed out that the current
in -lieu fee is $150.00 per space and the fee is not in
keeping with values within the City. He opined that the
in -lieu fees will be looked at more closely in the
future.
Commissioner Koppelman stated that she will support the
straw vote motion to approve Priority 1. She
specifically pointed out that Project 4, the
installation of curbs, gutters and sidewalks, would
virtually eliminate all of the previous flooding
problems, and that this would be a first step towards
renovation in the Cannery Village area.
Straw vote motion was voted on to approve Priority 1:
Project 3: Cannery Village Parking Structure; Project
4: Installation of Cannery Village Curbs, Gutters and
Sidewalks; Project 11: McFadden Square Restroom
Relocation; Project 15: Cannery Village and McFadden
Straw Vote Square Parking Management Plan. STRAW VOTE MOTION
All Ayes CARRIED TO INCLUDE PROJECTS 3, 4, 11, and 15.
Commissioner Turner stated that Priority 2 recommends
development of the projects within 2 years. Included
in Priority 2 are Project 5: Cannery Village
Streetscape estimated cost $663,000 funded by an
Assessment District; Project 6. Newport
Boulevard /Balboa Boulevard Realignment within McFadden
Square; Project 10: McFadden Plaza estimated cost
$300,000 funded by an Assessment District; Project 12:
-23-
MINUTES
INDEX
March 6, 1986 MINUTES
INDEX
McFadden Promenade estimated cost $112,000 funded by an
Assessment District; Project 13: McFadden Streetscape
estimated cost $120,000 funded by an Assessment
District.
Commissioner Turner cited that Project 5 would benefit
the property owners within the Cannery Village area. He
recommended that Project 8 be continued 'with a
provision that any redesign of the mixmaster area must
remain within the existing right -of -way, because he
opined that if a government agency establishes an "X"
across the private property and designates the property
as a future development site, this would cast a cloud
on the property, and there would be difficulty for
lenders and people who are interested in remodeling
their property. Commissioner Turner pointed out that
wherever an assessment district is set up, the
assessment district must receive an approval of the
majority of the benefitting property owners in the
area. Commissioner Turner made a straw vote motion to
X
approve Priority 2 which includes the aforementioned
•
C
Projects No. 5, 8, 10, 12, and 13.
9
=
Chairman Person suggested that Project 8, Newport
H
O
r y
m
Boulevard/Balboa Boulevard realignment be prioritized
2 C
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=
with the general improvements of Newport Boulevard,
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;
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m
which should be prioritized as soon as possible. He
I City
of
Newport
Beach
_
,
in 1988 -89 and he suggested that Project 8 could be
INDEX
McFadden Promenade estimated cost $112,000 funded by an
Assessment District; Project 13: McFadden Streetscape
estimated cost $120,000 funded by an Assessment
District.
Commissioner Turner cited that Project 5 would benefit
the property owners within the Cannery Village area. He
recommended that Project 8 be continued 'with a
provision that any redesign of the mixmaster area must
remain within the existing right -of -way, because he
opined that if a government agency establishes an "X"
across the private property and designates the property
as a future development site, this would cast a cloud
on the property, and there would be difficulty for
lenders and people who are interested in remodeling
their property. Commissioner Turner pointed out that
wherever an assessment district is set up, the
assessment district must receive an approval of the
majority of the benefitting property owners in the
area. Commissioner Turner made a straw vote motion to
-24-
approve Priority 2 which includes the aforementioned
•
Projects No. 5, 8, 10, 12, and 13.
Chairman Person suggested that Project 8, Newport
Boulevard/Balboa Boulevard realignment be prioritized
with the general improvements of Newport Boulevard,
which should be prioritized as soon as possible. He
cited that the Arches Bridge is proposed to be widened
in 1988 -89 and he suggested that Project 8 could be
moved to Priority 3, to be developed two to five years,
or his preference would be to move the Newport
Boulevard projects up to Priority 2. Commissioner
Turner commented that Project 8 should coincide with
the design of the McFadden Promenade and McFadden
Plaza, not necessarily the actual construction of the
projects which may come at a later date. Commissioner
Turner opined that the property owners may decide to
vote against the McFadden Plaza and McFadden Promenade.
Chairman Person commented that because the projects are
not high budgetary projects, to include Project 16:
restriping Newport Boulevard between 26th Street and
30th Street; Project 19: restriping Newport Boulevard
between 30th Street and 32nd Street; Project 20:
restriping Newport Boulevard between 19th Street and
26th Street to Priority 2. Commissioner Turner
commented that he would not oppose the recommendation,
•
that the restriping would come after the widening of
Newport Boulevard. Chairman Person amended the straw
-24-
•
a.,, ..... ... March 6 ._..1986 "
of NeWDort Beach
vote motion to include Projects 16, 19, and 20 to
Priority 2.
Robert.Lenard suggested that the aforementioned Newport
Boulevard projects could be included in Priority 2 or
Priority 3, and that the projects should be together.
He cited that Project 8 and Project 20 cover the same
area so until there is a successful redesign of Newport
Boulevard /Balboa Boulevard, there would be no need to
expend the $20,000 estimated for Project 20. He
suggested that if the projects are moved to Priority 2
that the priority definition could be expanded to 3
years, but to indicate that the projects are a strong
priority. Chairman Person stated the projects could be
indicated that they are a strong priority, but by
natural means, and to follow the Arches Bridge
improvements that are so important. Commissioner
Turner stated that he would have no problem with the
recommendation to move Projects 16, 19, and 20 to
Priority 2.
In response to a question posed by Commissioner
Koppelman regarding keeping Newport Boulevard within
the existing right -of -way, and the elimination of a
corner, Mr. Gustin replied that they are two separate
projects. He cited that the project that would require
acquisition of right -of -way is Project 1, the widening
of Newport Boulevard between 30th Street and 32nd
Street, and the mixmaster Project 8 could be
independent of Project 1. He stated that a problem
would arise if the third outbound lane is created from
19th Street to 32nd Street, and not three lanes between
32nd Street and the Arches Bridge. He cited that the
mixmaster should be realigned within the existing
right -of -way, but by definition the widening of Newport
Boulevard will require some acquisition of property to
work.
Chairman Person opined that the residents of Balboa
Peninsula should be aware that the Planning Commission
has given a high priority to the extra outbound lane on
Newport Boulevard.
A straw vote motion was voted on to approve Priority 2,
to develop within 2 years or as close to 2 years as
possible: Project 5: Cannery Village Streetscape;
Project 8: Newport Boulevard /Balboa Boulevard
Realignment; Project 10: McFadden Plaza; Project 12:
McFadden Promenade; Project 13: McFadden Streetscape;
-25-
MINUTES
INDEX
JC F
C O
O
9 9
2
9
m
z c
m
y m
z
O S
D
z r
S
C Z
m
o i
0
0 0
A m
O
m D
M T
2 L
2
y=
T m
•
a.,, ..... ... March 6 ._..1986 "
of NeWDort Beach
vote motion to include Projects 16, 19, and 20 to
Priority 2.
Robert.Lenard suggested that the aforementioned Newport
Boulevard projects could be included in Priority 2 or
Priority 3, and that the projects should be together.
He cited that Project 8 and Project 20 cover the same
area so until there is a successful redesign of Newport
Boulevard /Balboa Boulevard, there would be no need to
expend the $20,000 estimated for Project 20. He
suggested that if the projects are moved to Priority 2
that the priority definition could be expanded to 3
years, but to indicate that the projects are a strong
priority. Chairman Person stated the projects could be
indicated that they are a strong priority, but by
natural means, and to follow the Arches Bridge
improvements that are so important. Commissioner
Turner stated that he would have no problem with the
recommendation to move Projects 16, 19, and 20 to
Priority 2.
In response to a question posed by Commissioner
Koppelman regarding keeping Newport Boulevard within
the existing right -of -way, and the elimination of a
corner, Mr. Gustin replied that they are two separate
projects. He cited that the project that would require
acquisition of right -of -way is Project 1, the widening
of Newport Boulevard between 30th Street and 32nd
Street, and the mixmaster Project 8 could be
independent of Project 1. He stated that a problem
would arise if the third outbound lane is created from
19th Street to 32nd Street, and not three lanes between
32nd Street and the Arches Bridge. He cited that the
mixmaster should be realigned within the existing
right -of -way, but by definition the widening of Newport
Boulevard will require some acquisition of property to
work.
Chairman Person opined that the residents of Balboa
Peninsula should be aware that the Planning Commission
has given a high priority to the extra outbound lane on
Newport Boulevard.
A straw vote motion was voted on to approve Priority 2,
to develop within 2 years or as close to 2 years as
possible: Project 5: Cannery Village Streetscape;
Project 8: Newport Boulevard /Balboa Boulevard
Realignment; Project 10: McFadden Plaza; Project 12:
McFadden Promenade; Project 13: McFadden Streetscape;
-25-
MINUTES
INDEX
COMMISSIONERS
March
6, 1986
x�
Commissioner Turner referred to Priority 3, to be
c o �
x
a y
Im
developed from 2 to 5 years. Priority 3 includes
a v m
z c m y m z
c z w o r o o
z T
Project 7: Cannery Village Underground Utilities
z m z m
j City
of
Newport
Beach
estimated cost $1,000,000 funded by Assessment
Project 16: Cannery Village - Restripe Newport Boulevard
26th Street through 30th Street; Project 19: Cannery
Village-Re stripe Newport Boulevard 30th Street through
32nd Street; Project 20; McFadden Square - Restripe
Newport Boulevard 19th Street through 26th Street.
Straw Vote STRAW VOTE CARRIED TO INCLUDE PROJECTS 5, 8, 10, 12,
All Ayes 13, 16, 19, 20.
Commissioner Turner made a straw vote motion to approve
Priority 3, two to five years, as follows: Project 7:
Cannery Village Underground Utilities; Project 17:
Cannery Village Repair curbs, streets, gutters; Project
18: Cannery Village Reconstruction of sewers.
Chairman Person commented that he will support the
straw vote motion. He cited that .Project 17, the
repair of curbs, streets and gutters, should be
considered an important matter and needs to be attended
-26-
MINUTES
Commissioner Turner referred to Priority 3, to be
developed from 2 to 5 years. Priority 3 includes
Project 7: Cannery Village Underground Utilities
estimated cost $1,000,000 funded by Assessment
District; Project 17: Cannery Village Repair Curbs,
Streets, Gutters estimated cost $265,000 funded by the
General Fund; Project 18: Cannery Village
Reconstruction of Sewers estimated cost $125,000 funded
by the General Fund. Commissioner Turner asked staff if
there would be a possibility that some of the funds
could come from Public Utilities. Mr. Webb replied
that the funding would be extremely doubtful because
the City would have to designate the area to be
considered for underground utilities, and funds have
already been allocated to satisfy specific projects for
the next three or four years. Mr. Webb explained that
$150,000 to $200,000 are granted a year, and if the
Planning Commission requested that all of the funds
were to be funded by the Public Utilities Commission,
that would be a five year allocation, and there would
be some doubt if the entire Cannery Village area would
qualify. Commissioner Turner asked when an assessment
district receives approval by the property owners in
the area who benefit, can the property owners approve
all items, one item or none. Mr. Webb replied that
there would be a question asked and a vote taken on the
various different items for findings. He said an
assessment district for streetscapes, for instance,
would be a separate item and a majority vote would be
necessary for the streetscape approval.
Commissioner Turner made a straw vote motion to approve
Priority 3, two to five years, as follows: Project 7:
Cannery Village Underground Utilities; Project 17:
Cannery Village Repair curbs, streets, gutters; Project
18: Cannery Village Reconstruction of sewers.
Chairman Person commented that he will support the
straw vote motion. He cited that .Project 17, the
repair of curbs, streets and gutters, should be
considered an important matter and needs to be attended
-26-
MINUTES
COMMISSIONERS
March
6, 1986
MINUTES
'o n
Sewers. .STRAW VOTE MOTION CARRIED TO INCLUDE PROJECTS
All Ayes
f a a x
7, 17, 18.
v
Z c m 9 m
a m =
C z H o x O O
9 z m
Gt
Qf
Newport
Beach
_
developed from 5 to 10 years. Priority 4 includes
ROLL CALL
I
Project 1; Cannery Village - widening of Newport
I INDEX
to. Mr. Webb replied that the two to five year
priority sets up a program whereby funds will be
designated each year. Commissioner Turner opined that
there' are some items that would be constructed
simultaneously with the underground utilities.
Straw vote motion was voted on to approve Priority 3:
Project 7, Underground Utilities; Project 17: Repairs
curbs, streets, gutters; Projectl8: Reconstruction of
Straw Vote
Sewers. .STRAW VOTE MOTION CARRIED TO INCLUDE PROJECTS
All Ayes
7, 17, 18.
Commissioner Turner referred to Priority 4 to be
developed from 5 to 10 years. Priority 4 includes
Project 1; Cannery Village - widening of Newport
Boulevard 30th Street through 32nd Street estimated
cost $2,600,000 funded by $880,000 from the General
Fund, $860,000 from the Gas Tax, and $860,000 from the
Arterial Highway Financing Program; Project 2: Widen
Villa Way in Cannery Village estimated cost $1,200,000
•
funded by Assessment District; Project 6: Cannery
Village Pedestrian Walk estimated cost $1,000,000
funded by Assessment District; Project 9: McFadden
Square Parking Structure estimated cost $3,900,000
funded by $1,000,000 of the General Fund, $300,000
Parking Fund, $2,600,000 Assessment District; Project
14: Realign Island - Cannery Village estimated cost
$7,500,000 funded by $7,300,000 from the General Fund,
$200,000 Gas Tax.
Commissioner Turner commented that he would recommend
that Project 2 not be included in Priority 3, that he
fails to see the benefit to spend $1,200,000 to widen a
small street within a short distance; that he supports
the deletion of Project 6, the Cannery Pedestrian walk;
that he does not support Project 9 because he does not
like the idea of an unknown area for the parking
structure and this puts a pall over the area which he
does not support; that he does not support Project 14
to realign the Newport Boulevard islands because he
opined that the realignment could require a
redevelopment agency and in order to pay for a
redevelopment agency there is a possibility of a high
rise development in the Cannery Village area.
• I I I ( I J I Chairman Person recommended straw votes for Projects 1,
1 2, 6, 9 and 14.
-27-
As a recommendation for approval of Project 2 to widen
Villa Way, Commissioner Goff suggested that any of the
projects that are subject for deletion and that would
be funded by an assessment district, especially the
projects within Priority 4 which is five to ten years
off ',hot be deleted. He recommended that rather than
these projects be deleted from the Specific Area Plan
that the Planning Commission retain the projects based
on what develops in the area within the next five to
ten years when the property owners would have the
option to participate in retaining the projects.
Chairman Person stated that he will support
Commissioner Goff's recommendation to retain Project 2.
Commissioner xoppelman stated that she would support
Commissioner Goff's position on the basis to adopt a
• plan where certain improvements will be made with the
help of the City, and that the Plan is being given to
property owners within the area and the property owners
can choose to implement the Plan or not to implement
the Plan. She pointed out the difficulty involved in
changing the Plan if the Planning Commission voted the
Plan down, which would include public hearings if the
property owners decided they wanted Villa Way widened.
She opined that it is not in the 'best interest of the
project to foreclose these particular projects that
will be at the option of the property owners. She
stated that she will support the widening of Villa Way
and the McFadden Square Parking Structure.
Straw Vote A straw vote was taken for Project 2 to widen Villa
Ayes x x x x x x Way. STRAW VOTE CARRIED TO INCLUDE PROJECT 2.
Noes x .
Commissioner Goff stated that his previous statements
regarding an assessment district funding item would
also apply to Project 6, the Cannery Village Pedestrian
Walk.
Commissioner Turner stated that he opposes the
inclusion of Project 6 in the Specific Area Plan
because with the upgrading of the streets and alleys in
is such a small area he does not see the benefits of a
pedestrian walk, which would disrupt many property
owners needlessly. He cited that the pedestrian walk
came about as a result of a meeting with a consultant
-28-
MINUTES
INDEX
COM/V\ISSIONERS
March 6, 1986
C o
o
x
z c
v
m y m
m
a
M a
c z
M
9 a r_
H o 9
O m 9
O O
T
Clt cif
Newport Beach
Z a
z zz'u
m
ROLL
CALL
Straw
Vote
A straw vote was taken for Project 1 to widen Newport
Ayes
x
x
x
x
x
Boulevard
between 30th street and 32nd Street. STRAW
Noes
x
VOTE CARRIED TO INCLUDE PROJECT 1.
As a recommendation for approval of Project 2 to widen
Villa Way, Commissioner Goff suggested that any of the
projects that are subject for deletion and that would
be funded by an assessment district, especially the
projects within Priority 4 which is five to ten years
off ',hot be deleted. He recommended that rather than
these projects be deleted from the Specific Area Plan
that the Planning Commission retain the projects based
on what develops in the area within the next five to
ten years when the property owners would have the
option to participate in retaining the projects.
Chairman Person stated that he will support
Commissioner Goff's recommendation to retain Project 2.
Commissioner xoppelman stated that she would support
Commissioner Goff's position on the basis to adopt a
• plan where certain improvements will be made with the
help of the City, and that the Plan is being given to
property owners within the area and the property owners
can choose to implement the Plan or not to implement
the Plan. She pointed out the difficulty involved in
changing the Plan if the Planning Commission voted the
Plan down, which would include public hearings if the
property owners decided they wanted Villa Way widened.
She opined that it is not in the 'best interest of the
project to foreclose these particular projects that
will be at the option of the property owners. She
stated that she will support the widening of Villa Way
and the McFadden Square Parking Structure.
Straw Vote A straw vote was taken for Project 2 to widen Villa
Ayes x x x x x x Way. STRAW VOTE CARRIED TO INCLUDE PROJECT 2.
Noes x .
Commissioner Goff stated that his previous statements
regarding an assessment district funding item would
also apply to Project 6, the Cannery Village Pedestrian
Walk.
Commissioner Turner stated that he opposes the
inclusion of Project 6 in the Specific Area Plan
because with the upgrading of the streets and alleys in
is such a small area he does not see the benefits of a
pedestrian walk, which would disrupt many property
owners needlessly. He cited that the pedestrian walk
came about as a result of a meeting with a consultant
-28-
MINUTES
INDEX
Straw Vote
Ayes
Noes Ix
xi ix
March 6, 1986
of Newport Beach
to include everything in a shopping list, and that the
pedestrian walk would also destroy the "funky" charm of
the area.
Commissioner Goff commented .that there would be an
option to benefit the property owners until the time
that a decision would be made by the property owners in
five to ten years.
A straw vote was taken for Project 6, Cannery Village
Pedestrian Walk. STRAW VOTE DELETED PROJECT 6.
Chairman Person advised that he would vote to delete
Project .9, in Priority 4, the McFadden Square Parking
Structurs.y but that he would vote the project into the
addtign'',bf Priority S, . a time frame of more than 10
years. He cited that he would recommend that the
project be developed on public property.
1.
Commissioner Turner stated that he would support
• Chairman Person's position if the parking structure
would be limited to development on existing public
property. Discussion followed between Chairman Person,
Commissioner Turner and Commissioner Goff regarding the
location of the public property for the proposed
parking structure. Chairman Person suggested the
possibility of a parking structure in the median after
the realignment of Newport Boulevard. Commissioner
Koppelman commented that she would not want to limit
the parking structure to public property which would
exclude a private landowner from developing a parking
structure.
Commissioner Goff stated that five to ten years from
now is too far away to accurately foresee and preclude
any option available now. He stated that he will vote
to retain the McFadden Square Parking Structure as a
Priority 4 item as presented. Commissioner Koppelman
stated that she would support Commissioner Goff's
position. Chairman Person stated that he would also
support Commissioner Goff's decision.
Commissioner Turner asked how staff would show the
property owners where a parking structure would be
developed. Mr. Hewicker stated that the designation
. would remain as is on the Specific Area Plan now. He
said that "P" within McFadden Square would indicate
that at some future time there will be a parking
structure in that area but not necessarily on that
-29-
MINUTES
INDEX
x 0
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Straw Vote
Ayes
Noes Ix
xi ix
March 6, 1986
of Newport Beach
to include everything in a shopping list, and that the
pedestrian walk would also destroy the "funky" charm of
the area.
Commissioner Goff commented .that there would be an
option to benefit the property owners until the time
that a decision would be made by the property owners in
five to ten years.
A straw vote was taken for Project 6, Cannery Village
Pedestrian Walk. STRAW VOTE DELETED PROJECT 6.
Chairman Person advised that he would vote to delete
Project .9, in Priority 4, the McFadden Square Parking
Structurs.y but that he would vote the project into the
addtign'',bf Priority S, . a time frame of more than 10
years. He cited that he would recommend that the
project be developed on public property.
1.
Commissioner Turner stated that he would support
• Chairman Person's position if the parking structure
would be limited to development on existing public
property. Discussion followed between Chairman Person,
Commissioner Turner and Commissioner Goff regarding the
location of the public property for the proposed
parking structure. Chairman Person suggested the
possibility of a parking structure in the median after
the realignment of Newport Boulevard. Commissioner
Koppelman commented that she would not want to limit
the parking structure to public property which would
exclude a private landowner from developing a parking
structure.
Commissioner Goff stated that five to ten years from
now is too far away to accurately foresee and preclude
any option available now. He stated that he will vote
to retain the McFadden Square Parking Structure as a
Priority 4 item as presented. Commissioner Koppelman
stated that she would support Commissioner Goff's
position. Chairman Person stated that he would also
support Commissioner Goff's decision.
Commissioner Turner asked how staff would show the
property owners where a parking structure would be
developed. Mr. Hewicker stated that the designation
. would remain as is on the Specific Area Plan now. He
said that "P" within McFadden Square would indicate
that at some future time there will be a parking
structure in that area but not necessarily on that
-29-
MINUTES
INDEX
COMMISSIONERS March 6, 1986 MINUTES
xx
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ROLL CALL I I I I I I I INDEX
specific piece of property. Commissioner Turner opined
that such designations on maps cause uncertainty and
many problems for lenders and property owners. .
Chairman Person suggested that the designated "P" be
removed from the present location and to draw a line to
the McFadden Square area. Commissioner Turner stated
that the City owes the property owner to make a
decision within a reasonable period of time.
Commissioner Goff opined that for every potential buyer
that is scared away by the prospect of their property
being turned into a parking lot there would be another
buyer attracted to the area because .there may be an
improved parking situation somewhere near.
In response to a question posed by Commissioner
Kurlander, Carol Korade, Assistant City Attorney
replied that a General Plan Amendment would not be
sufficient for inverse condemnation; however, any
future action could be sufficient for such an action to
be commenced. She stated that the opinion of the City
11 I I I I Attorney's office does not preclude filing of a law
suit.
Chairman Person requested that as part of the Project 9
straw vote to retain the McFadden Square Parking
Structure, that the "P" be removed from the maps of
Cannery Village and McFadden Square. Chairman Person
stated that the aforementioned recommendation of public
property would be withdrawn, that the project would be
as is in Priority 4. Mr. Lenard commented that there
is no reason that the "P" cannot be left off of the map
for the McFadden Square Parking Structure since there
is no indication of where the parking structure would
be; however, he recommended that there is an indication
of where the parking structure will be within Cannery
Village and he recommended that the "P" remain.
Chairman Person advised that the straw vote reflects
the removal of the "P" designation in reference to any
location of the McFadden Square Parking Structure from
any map within the Specific Area Plan ".
Straw vote taken for Project 9, McFadden Square Parking
Structure. STRAW VOTE RETAINED PROJECT 9.
In reference to Project 14, the realignment of the
INewport Boulevard islands, Chairman Person commented
-30-
MMISSIONERSI March 6, 1986
that he has felt that the islands had the effect of
creating a "cork at the top of a bottle" in terms of
traffic on Newport Boulevard, and he commented that
after discussing the matter with the staff members he
no longer holds that opinion- He said that he still
feels that the turning in and out of driveways on both
sides of Newport Boulevard on a one -way street has to
create some sort of an interruption in the traffic
flow. He commented that he has a concern about some of
the businesses in the islands and he looks at their
viability, for instance, how some of the businesses
survive with inadequate parking. He opined that he
views the island as one of the mistakes that the
planners made many years ago. He stated that he will
support the deletion of Project 14 to realign island as
a project from the Cannery Village /McFadden Square
Specific Area Plan.
Commissioner Goff stated the island was a planning
mistake many years ago; however, he cited that the
mistake is not worth $7,500,000 to rectify.
S9 Vote Straw vote was taken for Project 14, Realign Island,
All Noes Priority 4. STRAW VOTE DELETED PROJECT 14.
Chairman Person pointed out that the straw votes only
reflect the preference of the Planning Commission in
terms of the public improvements.
Motion x Motion was made to approve the Environmental Document
subject to the findings in Exhibit "F ", recommend to
the City Council approval of General Plan Amendment
- 86 -1(A), Local Coastal Program, Land Use Plan Amendment
No. 8, and Amendment No. 629 incorporating the straw
votes.
Commissioner Eichenhofer requested to change her straw
vote of Project 1, to widen Newport Boulevard between
30th Street and 32nd Street, Priority 4, after hearing
Commissioner Goff's previous explanation. Motion was
Motion x made to reconsider the straw,vote of Project 1. Motion
All Ayes voted on, MOTION CARRIED.
xx
A straw vote was taken for Project. 1, Widen Newport
Straw Vote
f
Boulevard between 30th Street to 32nd Street, Priority
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that he has felt that the islands had the effect of
creating a "cork at the top of a bottle" in terms of
traffic on Newport Boulevard, and he commented that
after discussing the matter with the staff members he
no longer holds that opinion- He said that he still
feels that the turning in and out of driveways on both
sides of Newport Boulevard on a one -way street has to
create some sort of an interruption in the traffic
flow. He commented that he has a concern about some of
the businesses in the islands and he looks at their
viability, for instance, how some of the businesses
survive with inadequate parking. He opined that he
views the island as one of the mistakes that the
planners made many years ago. He stated that he will
support the deletion of Project 14 to realign island as
a project from the Cannery Village /McFadden Square
Specific Area Plan.
Commissioner Goff stated the island was a planning
mistake many years ago; however, he cited that the
mistake is not worth $7,500,000 to rectify.
S9 Vote Straw vote was taken for Project 14, Realign Island,
All Noes Priority 4. STRAW VOTE DELETED PROJECT 14.
Chairman Person pointed out that the straw votes only
reflect the preference of the Planning Commission in
terms of the public improvements.
Motion x Motion was made to approve the Environmental Document
subject to the findings in Exhibit "F ", recommend to
the City Council approval of General Plan Amendment
- 86 -1(A), Local Coastal Program, Land Use Plan Amendment
No. 8, and Amendment No. 629 incorporating the straw
votes.
Commissioner Eichenhofer requested to change her straw
vote of Project 1, to widen Newport Boulevard between
30th Street and 32nd Street, Priority 4, after hearing
Commissioner Goff's previous explanation. Motion was
Motion x made to reconsider the straw,vote of Project 1. Motion
All Ayes voted on, MOTION CARRIED.
-31-
MINUTES
INDEX
A straw vote was taken for Project. 1, Widen Newport
Straw Vote
Boulevard between 30th Street to 32nd Street, Priority
A
4. STRAW VOTE RETAINED PROJECT 1.
*es
Commissioner Goff commented that he has been on the
Planning Commission for four years and the experience
-31-
MINUTES
INDEX
"A MISSIONERS
x x
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Chairman Person stated that he will support the motion.
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He stated that for the first time the City is taking a
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March 6, 1986
Beach
has been a positive one. He stated that the opportunity
to support this motion, is to date, the very high point
of his tenure on the Planning Commission.
MINUTES
Chairman Person cited the issue of hotels. He said
that he cannot see the size of a hotel suggested by the
citizens speaking out as possibly being allowed in this
area, and the elimination of hotels is contrary to the
goals stated in the Recreational and Marine Commercial
District of the Local Coastal Program.
Motion voted on to approve the Environmental Document,
recommend to the City Council approval of General Plan
Amendment 86 -1(A), Local Coastal Program, Land Use Plan
Amendment No. 8, and approve Amendment No. 629
incorporating the straw votes and subject to the
po I I
es findings listed below. MOTION CARRIED.
-32-
Chairman Person stated that he will support the motion.
He stated that for the first time the City is taking a
look at some of the older parts of town and that there
is an importance to do that. He cited that he has
lived on Lido Isle and the Balboa Peninsula, and he
understands and knows the problems that the residents
are faced with, and for the first time the City is
saying to. the fulltime residents on the Balboa
Peninsula, "we will try to give some relief to the
outbound traffic problem on Saturday and Sunday
afternoons rather than letting the traffic go as it
has ". He stated that he sees the Cannery
Village/McFadden Square Specific Area Plan as an
alternative to letting the area go as the area has for
a number of more years, and perhaps looking at
redevelopment. Chairman Person cited that the Specific
•
Area Plan encourages private redevelopment of property
by private property owners by the City for good reason:
taking the "bull by the horns" and making some public
improvements that are needed. He commented that the
alternative to that is something he does not want, and
that is a redevelopment agency to start taking other
people's property. He said that the subject Specific
Area Plan is an important step, and an attempt by the
City to say that we are going to try and do the
development ourselves and the property owners will do
the development themselves. He cited that for that
reason he will support the Cannery village /McFadden
Square Specific Area Plan.
Chairman Person cited the issue of hotels. He said
that he cannot see the size of a hotel suggested by the
citizens speaking out as possibly being allowed in this
area, and the elimination of hotels is contrary to the
goals stated in the Recreational and Marine Commercial
District of the Local Coastal Program.
Motion voted on to approve the Environmental Document,
recommend to the City Council approval of General Plan
Amendment 86 -1(A), Local Coastal Program, Land Use Plan
Amendment No. 8, and approve Amendment No. 629
incorporating the straw votes and subject to the
po I I
es findings listed below. MOTION CARRIED.
-32-
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March 6, 1986
4y# Newport Beach
A. -- .ENVIRONMENTAL DOCUMENT
Approve the draft Environmental Impact Report for the
Cannery Village/McFadden Square Specific Area Plan;
recommend that the City Council certify the Environ-
mental 'Document as complete and make the Findings
Iiste'd. below:
FINDINGS:
1. That the environmental document has been prepared
in compliance with the California Environmental
Quality Act (CEQA) , the State EIR Guidelines and
City Policy.
2. That the contents of this environmental document
have been considered in the various decisions on
the project.
3. That in order to reduce adverse impacts of the
proposed project, all feasible mitigation measures
0 11111111 discussed in the environmental document have been
incorporated into the proposed project.
B. GENERAL PLAN AMENDMENT 86 -1
Adopt Resolution No. 1135 recommending to the City
Council approval of General Plan Amendment 86 -1(A).
C. LOCAL COASTAL PROGRAM, LAND USE PLAN AMENDMENT
NO.8
Adopt Resolution No. 1136 recommending to the City
Council approval of Local Coastal Program, Land Use
Plan Amendment No. 8.
D. AMENDMENT NO. 629
Recommend to City Council the approval of Amendment No.
629, amending Title 20 of the Newport Beach Municipal
Code, adding Chapter 20.63, the Cannery
Village /McFadden Square Specific Area Plan, and
amending Districting Maps, Nos. 3, 8, and 9, deleting
the :existing zoning districts and adding the S -P
designation.
* • x
-33-
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INDEX
i
Motion
All Ayes.
x
March 6, 1986
cif. Newport Beach
The 'I" Commission recessed at 10:50 p.m. and
reconvened at 10:55 p.m.
Use:P.ei^mit No. 3179 (Continued Public Hearing)
Request to permit the establishment of a private, no
fee, commercial parking lot on property located in the
R -2`.- District which is adjacent to property located in
the C -1 District.
LOC1sTZON Lot 12, Block 438, Corona del Mar,
located at 416 Larkspur Avenue, on the
southeasterly side of Larkspur Avenue,
between East Coast Highway and Second
Avenue, in Corona del Mar.
APPLICANT: Mike Franklin, Corona del Mar
OWNER: Franklin Inter Vivos Trust, Corona del
Mar
Motion was made to continue Use Permit No. 3179 to the
Planning Commission meeting of March 20, 1986. Motion
voted on, MOTION CARRIED.
x t
Use Permit No. 3188 (Continued Public Hearing)
Request to establish a nighttime restaurant with
on -sale beer and wine and a take -out restaurant estab-
lishment on property located in the C -1 District, where
a take -out restaurant (Papagayo's) previously existed.
The proposal also includes a request to approve an
informal off -site parking agreement for the additional
parking required for the nighttime dinner operation,
and .a request to waive all of the required off - street
parking spaces in conjunction with the daytime use on
the property.
LOCATION: Lots 5, 6, and 7, Block 5, Balboa
Tract, located at 2091 Palm Street, on
the southwesterly corner of Palm Street
and East Bay Avenue, in Central Balboa.
ZONE C -1
-34-
MINUTES
INDEX
1
Continued
to 3 -20 -86
Item No.6
Approved
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March 6, 1986
cif. Newport Beach
The 'I" Commission recessed at 10:50 p.m. and
reconvened at 10:55 p.m.
Use:P.ei^mit No. 3179 (Continued Public Hearing)
Request to permit the establishment of a private, no
fee, commercial parking lot on property located in the
R -2`.- District which is adjacent to property located in
the C -1 District.
LOC1sTZON Lot 12, Block 438, Corona del Mar,
located at 416 Larkspur Avenue, on the
southeasterly side of Larkspur Avenue,
between East Coast Highway and Second
Avenue, in Corona del Mar.
APPLICANT: Mike Franklin, Corona del Mar
OWNER: Franklin Inter Vivos Trust, Corona del
Mar
Motion was made to continue Use Permit No. 3179 to the
Planning Commission meeting of March 20, 1986. Motion
voted on, MOTION CARRIED.
x t
Use Permit No. 3188 (Continued Public Hearing)
Request to establish a nighttime restaurant with
on -sale beer and wine and a take -out restaurant estab-
lishment on property located in the C -1 District, where
a take -out restaurant (Papagayo's) previously existed.
The proposal also includes a request to approve an
informal off -site parking agreement for the additional
parking required for the nighttime dinner operation,
and .a request to waive all of the required off - street
parking spaces in conjunction with the daytime use on
the property.
LOCATION: Lots 5, 6, and 7, Block 5, Balboa
Tract, located at 2091 Palm Street, on
the southwesterly corner of Palm Street
and East Bay Avenue, in Central Balboa.
ZONE C -1
-34-
MINUTES
INDEX
1
Continued
to 3 -20 -86
Item No.6
Approved
'VIMISSIONERS
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°' March
6, 1986 '
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APPLICANT: Opaso Vachirachatchot, Balboa
OWNER: Estate of Albert Gilbert, Security
Pacific Bank, Administrator, Newport
Beach
William Laycock, Current Planning Administrator,
recommended that Condition No. 9 be amended to include
the following: "In the event that the off -site parking
lot is lost to the restaurant use, the applicant shall
notify the Planning Director in writing, and close the
nighttime operation of the restaurant facility until an
amended off -site parking agreement is approved by the
City ". Mr. Laycock explained that the purpose of the
amended condition gives the City a guarantee that if
the applicant is not able to maintain the informal
parking agreement after one year, he will have to close
the restaurant facility at night or get additional
parking at another location.
• Staff recommended that Condition No. 11 be amended to
state that "the applicant shall obtain all required
building permits and make all required corrections to
the existing structure in order to comply with
applicable requirements of the Uniform Building Code ".
Mr. Laycock explained that the purpose of the modified
condition is that the applicant may not have to revise
the entire dining room floor as previously required,
and that there may be other ways to meet the Uniform
Building Code, such as a ramp on the outside of the
building.
In response to a question posed by Commissioner
Kurlander regarding the take -out restaurant not having
a trash compactor, staff replied that the subject
restaurant is not a typical take -out restaurant where
there would be a lot of paper items thrown on the
ground, and that the existing kitchen does not include
a trash compactor.
The public hearing was opened in connection with this
item, and Mr. Jerry King, appeared on behalf of the
applicant. Mr. King stated that the applicant concurs
with the findings and conditions in Exhibit "A ".
• Commissioner Winburn asked why Condition No. 6
requiring a washout area for the restaurant trash
containers and Condition No. 7 requiring grease
interceptors have been included in the subject use
-35-
MINUTES
INDEX
March 6, 1986
Mr. Hewicker asked how a customer going to the take -out
restaurant knows that there would be available parking
in the bank parking lot. Mr. King replied that the
applicant has not addressed that issue at this time,
but the applicant has suggested that signs could be
posted on the window of the subject restaurant facility
or on the Class of '47 Restaurant building wall on Palm
Street. Mr. King stated that the applicant would be
willing to cooperate with any signage directions that
staff may recommend.
The public hearing was closed at this time.
Motion was made to approve Use Permit No. 3188 subject
Motion x to the findings and conditions in Exhibit "A" including
All Ayes amended Condition No. 9 regarding off -site parking,
Condition No. 11 regarding building permit
requirements, and Condition No. 17 regarding signs
indicating where the available parking is located for
the subject restaurant facility.
-36-
MINUTES
�C F
permit, and were they not included in Use Permit No.
3041 dated July 22, 1983? Mr. Laycock replied that the
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and grease interceptors which were not required for the
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regarding the trash compactor, Mr. King replied that
Mr. Hewicker asked how a customer going to the take -out
restaurant knows that there would be available parking
in the bank parking lot. Mr. King replied that the
applicant has not addressed that issue at this time,
but the applicant has suggested that signs could be
posted on the window of the subject restaurant facility
or on the Class of '47 Restaurant building wall on Palm
Street. Mr. King stated that the applicant would be
willing to cooperate with any signage directions that
staff may recommend.
The public hearing was closed at this time.
Motion was made to approve Use Permit No. 3188 subject
Motion x to the findings and conditions in Exhibit "A" including
All Ayes amended Condition No. 9 regarding off -site parking,
Condition No. 11 regarding building permit
requirements, and Condition No. 17 regarding signs
indicating where the available parking is located for
the subject restaurant facility.
-36-
MINUTES
permit, and were they not included in Use Permit No.
3041 dated July 22, 1983? Mr. Laycock replied that the
Building. Department is now requiring the washout area
and grease interceptors which were not required for the
previous take -out restaurant on the subject site.
In 'response to Commissioner Kurlander's question
regarding the trash compactor, Mr. King replied that
this is a different type of take -out restaurant
operation, and that there is an existing trash
receptacle immediately outside of the rear door. Mr.
King said that presently the trash is put into plastic
bags and placed inside trash containers. He cited that
one of the doors of the trash enclosure is missing and
will be replaced.
Commissioner Eichenhofer asked if the twelve parking
spaces could be marked in the Great American First
Savings. Bank parking lot so that the parking spaces
will not be used by the Tale of the Whale patrons or
•
the Balboa Pavilion. Mr. King replied that the subject
bank has requested that the parking spaces not be
specifically marked with a restaurant designation.
Mr. Hewicker asked how a customer going to the take -out
restaurant knows that there would be available parking
in the bank parking lot. Mr. King replied that the
applicant has not addressed that issue at this time,
but the applicant has suggested that signs could be
posted on the window of the subject restaurant facility
or on the Class of '47 Restaurant building wall on Palm
Street. Mr. King stated that the applicant would be
willing to cooperate with any signage directions that
staff may recommend.
The public hearing was closed at this time.
Motion was made to approve Use Permit No. 3188 subject
Motion x to the findings and conditions in Exhibit "A" including
All Ayes amended Condition No. 9 regarding off -site parking,
Condition No. 11 regarding building permit
requirements, and Condition No. 17 regarding signs
indicating where the available parking is located for
the subject restaurant facility.
-36-
MINUTES
March 61 1986'
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C a N O 0 0
ROLL CALL
FINDINGS:
1.. That the proposed full service and take -out
restaurants are consistent with the Land Use
Element of the General Plan and the Adopted Local
Coastal Program, Land Use Plan, and are compatible
with surrounding land uses.
2. That the project will not have any significant
environmental impact.
3. ,That the waiver of the development standards as
they pertain to traffic circulation, walls,
landscaping, utilities, and a portion of the
required off - street parking spaces will be of no
further detriment to adjacent properties inasmuch
as the subject property is an existing developed
site.
• 4. That the applicant has provided an adequate number
of nighttime parking spaces on an informal basis,
in the Great American First Savings Bank parking
lot, on the southeasterly corner of East Bay
Avenue and Palm Street.
5. That the waiver of a portion of the required
parking spaces for the proposed take -out restau-
rant will not be detrimental to the area inasmuch
as said use will be servicing people who are
working, visiting or living in the Central Balboa
Area and that said use is not a destination use
which will generate a parking demand of its own.
6. That the proposed off -site parking area is so
located as to be useful in connection with the
nighttime restaurant facility inasmuch as the
parking lot is directly across Palm Street from
the restaurant site.
7. That parking on said off -site lot will not create
undue traffic hazards in the surrounding area.
8. That the approval of Use Permit No. 3188 will not,
under the circumstances of this case be detrimen-
tal 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.
-37-
MINUTES
INDEX
ate',
CONDITIONS:
March 61 1986'
MINUTE5
t Beach
INDEX
1. That development shall be in substantial confor-
mance with the approved plot plan and floor plan,
except as noted below. .
2. That the development standards related to a
portion of the required off - street parking spaces
for the take -out restaurant and parking lot
illumination, building setbacks, circulation,
walls, landscaping and utility requirements for
the entire project are waived.
3. On -sale beer and wine shall be permitted in
conjunction with the full service restaurant but
off -sale shall not be permitted.
4. That all signs shall conform with Chapter 20.06 of
the Newport Beach Municipal Code.
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CONDITIONS:
March 61 1986'
MINUTE5
t Beach
INDEX
1. That development shall be in substantial confor-
mance with the approved plot plan and floor plan,
except as noted below. .
2. That the development standards related to a
portion of the required off - street parking spaces
for the take -out restaurant and parking lot
illumination, building setbacks, circulation,
walls, landscaping and utility requirements for
the entire project are waived.
3. On -sale beer and wine shall be permitted in
conjunction with the full service restaurant but
off -sale shall not be permitted.
4. That all signs shall conform with Chapter 20.06 of
the Newport Beach Municipal Code.
-38-
5. That kitchen exhaust fans shall be designed to
control odors and smoke.
6. That a washout area for the restaurant trash
containers be provided in such a way as to insure
direct drainage into the sewer system and not into
the bay or storm drains if required by the Build-
ing Department.
7. That grease interceptors shall be installed on all
fixtures in the restaurant facility where grease
may be introduced into the drainage systems in
accordance with the provisions of the Uniform
Plumbing Code if required by the Building Depart-
ment.
8. That all trash containers shall be screened from
view and from adjacent properties and from the
.public alley or street.
-38-
9. That the applicant shall provide, on an informal
basis, twelve off -site parking spaces in the
-Great American First Savings Bank parking lot
located on Parcel No. 1 of Parcel Map 117 -24
(Resubdivision No. 566) at 600 East Balboa
Boulevard, for the duration of the subject
take -out restaurant use. Said parking shall be
for the nighttime, full service restaurant only.
-38-
In the event that the off -site parking lot is lost
to the restaurant use, the applicant shall notify
`.`t fie Planning Director in writing, and close the
nighttime operation of the restaurant facility
until an amended off -site parking agreement is
approved by the City.
10. That the hours of operation of the take -out
restaurant shall be limited to the hours between
11:00 a.m. and 2:00 a.m. daily and the full
service restaurant's hours of operation shall be
limited between the hours of 5:30 p.m. and 2:00
a.m. daily.
11. The applicant shall obtain all required building
permits and make all required corrections to the
existing structure in order to comply with
applicable requirements of the Uniform Building
Code.
• 12. That three (3) in -lieu parking spaces shall be
purchased from the City on an annual basis for the
duration of the take -out restaurant use, and the
annual fee for said parking shall be in accordance
with Section 12.44.125 of the Newport Beach
Municipal Code.
13. That all previous conditions of approval for Use
Permit No. 3041 shall be null and void.
14. That the Planning Commission may add to 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.
16. That this use permit shall expire unless exercised
within 24 months from the date of approval as
4pecified in Section 20.80.090 A of the Newport
BBSeh- ,Municipal Code. _
• 17. That appropriate signs shall be provided on the
.restaurant site indicating that twelve parking
spaces are available for the restaurant use at
night in the Great American First Savings Bank
parking lot, located at 600 East Balboa Boulevard.
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In the event that the off -site parking lot is lost
to the restaurant use, the applicant shall notify
`.`t fie Planning Director in writing, and close the
nighttime operation of the restaurant facility
until an amended off -site parking agreement is
approved by the City.
10. That the hours of operation of the take -out
restaurant shall be limited to the hours between
11:00 a.m. and 2:00 a.m. daily and the full
service restaurant's hours of operation shall be
limited between the hours of 5:30 p.m. and 2:00
a.m. daily.
11. The applicant shall obtain all required building
permits and make all required corrections to the
existing structure in order to comply with
applicable requirements of the Uniform Building
Code.
• 12. That three (3) in -lieu parking spaces shall be
purchased from the City on an annual basis for the
duration of the take -out restaurant use, and the
annual fee for said parking shall be in accordance
with Section 12.44.125 of the Newport Beach
Municipal Code.
13. That all previous conditions of approval for Use
Permit No. 3041 shall be null and void.
14. That the Planning Commission may add to 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.
16. That this use permit shall expire unless exercised
within 24 months from the date of approval as
4pecified in Section 20.80.090 A of the Newport
BBSeh- ,Municipal Code. _
• 17. That appropriate signs shall be provided on the
.restaurant site indicating that twelve parking
spaces are available for the restaurant use at
night in the Great American First Savings Bank
parking lot, located at 600 East Balboa Boulevard.
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March 6, 1986`
Beach
A D D I T I O N A L B U S I N E S S:
Planning Director Hewicker advised the Planning
Commission that there will be a joint Planning
Commission - City Council meeting on March 24, 1986, at
1:30 p.m. in the Council Chambers.
Chairman Person complimented the Planning Commissioners
for the work and assistance he received from the
Commission in regard to the Specific Area Plan.
Commissioner Kurlander asked staff to investigate if
the busses. that are parked in the Lido Marina Village
area and on Lido Isle are being used by the Magic
Island facility, which would be in violation of their
approved use permit.
• x
A D J O U R N M E N T: 11:10 P.M.
PAT EICHENHOFER, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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