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HomeMy WebLinkAbout07/07/1994COMMISSIONERS ROLL Pres Excu Ayes Abse. Moti Ayes Abse CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: MINUTES July 7, 1994 CALL INDEX ant * * * * Commissioner DiSano was excused. sed s s s EX- OFFICIO OFFICERS PRESENT: Robin Flory, Assistant. City Attorney William R. Laycock, Current Planning Manager John Douglas, Principal Planner Rich Edmonton; City Traffic Engineer Dee Edwards, Secretary ELECTION OF OFFICERS: Election of Dn * Motion was made and voted on to elect the following slate of Officers at * * * * Planning Commission Officers: Chairman - Norma Glover; Vice Chairman - Anne Gifford; Secretary - Tod Ridgeway. MOTION CARRIED. x a s Minutes of June 23, 1994 Minutes of :)n Motion was made and voted on to approve the June 23, 1994, 6/23/94 nt * * * * Planning Commission Minutes. MOTION CARRIED. sss Public Comments: Public Comments No one appeared before the Planning Commission to speak on non- agenda items. s :s COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES J Luy 7, 1994 ROLL CALL INDEX Posting of the Agenda: Posting of the William Laycock, Current Planning Manager, stated that the Agenda Planning Commission Agenda was posted on Friday, July 1, 1994, in front of City Hall. x x s Request for Continuance: Request for Continual Mr. L.aycock stated that the applicant, Burnham USA Equities, has requested that Item No. 3, General Plan Amendment No. 94 -1(A), Local Coastal Program Amendment No. 34, and Amendment No. 805, regarding the Granville Apartments, property located at 1001- 1147 Granville Drive, be continued to the July 21, 1994, Planning Commission meeting, to allow further discussions with the existing tenants. on Motion was made and voted on to continue Item No. 3 to the July 21, 1994, Planning Commission meeting. MOTION CARRIED. Absent s s s Exception Permit No. 45 (Discussion) Item No. Request to permit the retention of an as- built, double - faced, EP 45 illuminated information sign for airport parking at MacArthur Court, on property located in the M -1 -A District. Approved ATION: Lot 19, Tract No. 5169, located at 4680 MacArthur Boulevard, on the southwesterly comer of MacArthur Boulevard and Campus Drive, across from the John Wayne Airport. ONE: M -1 -A PLICANT: Ace Parking, Newport Beach WNER: The Irvine Company, Newport Beach . -2 COMMISSIONERS Ao 4lof�,oap�L�rS CITY OF NEWPORT BEACH MINUTES July 7, 1994 ROLL CALL INDEX Commissioner Gifford referred to the photograph of the on -site directional "Airport Parking Sign" that is attached to the staff report, and she asked if the sign meets the requirements of the existing Sign Ordinance. William Laycock, Current Planning Manager, replied that the two "future facility" signs that are located on the property should have been removed when MacArthur Court was built, and the signs were not permitted as permanent signs; however, they meet the square footage requirements but exceed the permitted height for ground signs. In response to questions posed by Commissioner Ridgeway, Mr. Laycock replied that the Koll Center Newport Planned Community development standards allow ground signs to be 4 feet high, 150 square feet per face within 20 feet of a property line adjacent to a street. If the sign would be outside of the 20 foot setback adjacent to a street then a ground sign would be allowed to be up to 200 square feet per face. Mr. Laycock further replied that no one from Koll Center management contacted staff regarding the signs. Mr. Tony Actisdano, 4680 MacArthur Boulevard, appeared before the Planning Commission. Mr. Actisdano stated that the aforementioned "future facility" signs have been removed since the photograph was taken. The existing off -site sign is located on the vacant lot across the street at the southwesterly comer of MacArthur Boulevard and Campus Drive. Chairman Glover suggested that the existing off site sign be redesigned so as to blend in more aesthetically with the adjacent area. Mr. Actisdano confirmed that the sign design would be improved. In response to questions posed by Commissioner Ridgeway and Commissioner Gifford, Mr. Laycock explained that off -site signs require an Exception Permit, and a Building Permit is required for the as-built construction. The City does not become involved with the aesthetics of a sign. Mr. Laycock further replied that if it would be the desire of the Planning Commission to request the • -3 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Jul 7 1994 ROLL CALL INDEX applicant to reduce the size and appearance of the off -site sign, the Planning Commission could continue the item and request that the applicant come back to the Commission with revised plans of the off -site sign. In response to questions posed by Commissioner Edwards, Mr. Actisdano explained that the off -site sign is located on an undeveloped parcel of land that will be removed with the widening of Campus Drive. The intent was to have the temporary sign on the property from six months to one year, and the sign has been on the property since March or April, 1994. Mr. Actisdano stated that it would not be a burden to redesign the sign; however, a monument sign would cost approximately $30,000.00. In response to questions posed by Commissioner Ridgeway, Mr. Actisdano explained that the applicant is utilizing the 201 excess parking spaces at MacArthur Court until The Irvine Company constructs additional office space on the property. Commissioner . Ridgeway determined that he could not support the existing sign wherein he suggested that the applicant request The Irvine Company to install a monument sign that would benefit the entire project, or be suggested that the applicant come back with a redesign of a cost- efficiency sign that would have a permanent look. Mr. Actisdano responded that be would agree to meet with the Planning Department to discuss an appropriate temporary design of the off -site sign. Commissioner Pomeroy suggested that the application be continued for 60 to 90 days to allow the applicant additional time to come back with a redesign of the sign, and it is feasible that the widening of Campus Drive would occur. Rich Edmonston, City Traffic Engineer, replied that it is possible that the sign could be relocated on the property inasmuch as after the widening of Campus Drive a small parcel would remain. Commissioner Edwards concurred with a continuance of the application for 90 days inasmuch as it is not definite what could COMMISSIONERS An \141-� ON CITY OF NEWPORT BEACH MINUTES Jul 7, 1994 ROLL CALL INDEX happen to the property and that may have a determination of the appearance of the sign. Robin Flory, Assistant City Attorney, explained that the off -site sign was installed without the benefit of a building permit or Planning Commission approval, and if the application would be continued, then the Commission would allow a violation for an additional 90 days. She suggested that if it is the desire of the Planning Commission to approve the application, that the temporary sign be approved with a spec deadline for review by the Planning Commission. Motion Motion was made and voted on to approve Exception Permit No. Ayes 45, subject to the findings and conditions in Exhibit "A" for a Absent period of 90 days. Add Condition No. 5 stating that the applicant either remove the sign at the end of 90 days or come back to the Planning Commission at the end of 90 days with a redesign of the sign. MOTION CARRIED. FINDINGS: 1. That the as -built sign is compatible with surrounding land uses. 2. That the as -built sign will not have any significant environmental impact. 3. 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 neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. -5- a COMMISSIONERS 1_1 �o�� � s boo CITY OF NEWPORT BEACH u ff ULM July 7 1994 ROLL CALL INDEX 1. That development shall be in substantial conformance with the approved plot plan and elevation. 2. That the applicant shall obtain a building permit for the as- built sign from the Building Department. 3. That the two, on -site signs, which are temporary in nature and advertize the E -Z Ampark facility, shall be removed prior to the issuance of a building permit for the proposed as -built off -site sign. Said signs may be replaced in accordance with the Koll Center Planned Community development standards and the Uniform Building Code. 4. That the sign shall be removed in conjunction with the development of the subject, vacant property. 5. That the applicant either remove the sign at the end of 90 days or come back to the Planning Commission at the end of 90 days with a redesign of the sign. Variance Public Hearing) item No Request to permit the construction of a single family dwelling on vii96 roperty located in the R -1.5 District which exceeds 1.5 times the uildable area of the site. The proposal also includes Approved modifications to the Zoning Code so as to allow the proposed tructure to encroach 14 feet into the required 20 foot front yard etback, and 7 feet into the required 10 foot rear yard setback; a equest to construct 6 foot high walls along the side property lines hich encroach 15 feet into the required 20 foot front yard tback; and two carport spaces located on the front one -half of he lot, partially open on both sides (where the Code requires that d covered parking spaces shall have side walls and an operating arage door). The modification also includes the following second . -6- COMMISSIONERS 24I0(Q 0 po�'Pos�o CITY OF NEWPORT BEACH MINUTES j Jul 7 1,994 ROLL CALL INDEX floor encroachments into the required 3 foot side yard setbacks: one bay window; one greenhouse window, a heat duct; a portion of the living room; and a planter box. LOCATION: Portions of Lots 27 and 28, Block 7, Section Five, Balboa Island, located at 1508 Park Avenue, on the northerly side of Park Avenue, between The Grand Canal and Abalone Avenue, on little Balboa Island. ZONE: R -1.5 APPLICANT: D.W. Chesebro, Newport Beach OWNER: David Hansen, Balboa Island William Laycock, Current Planning Manager, stated that . subsequent to the June 23, 1994, Planning Commission meeting, the applicant revised the plans by removing one of the bedrooms and reducing the square footage on the third floor to meet the Floor Area Ratio that is consistent with the area. If the Planning Commission would approve the subject plan, the project would maintain a total gross floor area of 1,910 square feet of which 1,520 square feet is comprised of living area and 390 square feet of garage area. The project would maintain a Floor Area Ratio of 1.06 which is typical of the other developments in the area. The continued public hearing was opened at this time, and Mr. Del Chesebro, applicant, appeared before the Planning Commission to address the revised plan. He stated that 209 square feet were removed from the proposed construction, and the basic design of the house minimizes the impact on the neighborhood and street. Commissioner Pomeroy and Mr. Chesebro discussed the garage door at the rear of the garage that would give Mr. Chesebro access, to the patio area. • -7 � �a V1-\00N'1R0*\\0 CITY OF NEWPORT BEACH u Ifri Tim,_, July 7 1994 ROLL CALL INDEX Mr. Stephen Bromberg, 1506 Park Avenue, adjacent property owner, appeared before the Planning Commission Mr. Bromberg addressed the letter from James and Kathryn Dunlap, 201 Abalone Avenue, adjacent neighbor, dated July 6, 1994, addressed to the Planning Commission. Mr. Bromberg stated that if the Planning Commission approved the variance, that the project be approved with the same setbacks as his 5 foot front and rear yard setbacks and 3 foot side yard setbacks. The living area would be reduced to 1,380± square feet, and the Floor Area Ratio would be 1.5. He asked if the aforementioned rear garage door that leads into the patio area and creates a third parking space is permitted? Mr. Laycock replied that the third parking space is permitted. Ms. Mary Anne McDaniel, President of Little Balboa Island Property Owners Association, appeared before the Planning Commission. She indicated that the issues that the Association are concerned with are the proposed square footage; the area on the lower level remains open and a potential room addition could . occur in the future; and the proposed third story of the structure. Mr. Ken Lindahl, 202 Grand Canal, appeared before the Planning Commission. He said nothing in the plan was changed that could not be put back in with two walls at a later date. The water heater, and washer and dryer were removed; three story structures are not the norm on Little Island; and the structure would have two decks facing the street. In reference to the land area ratio of 1.06, Mr. Undahl determined that when the lot size is lowered it becomes a little disproportionate in regard to square footage whereby he referred to the aforementioned 5 foot front and rear yard setbacks and the 3 foot side yard setbacks on the adjoining property. Mr. Chesebro reappeared before the Planning Commission. He stated that instead of taking the 29 foot high ceiling to the back of the structure, it goes back 14 feet at the height of the building, and then it drops away to where there is no head room and there are only skylights. He said that the rear of the property is similar to • -8- COMMISSIONERS \ 0 1V8\1401RR*\\0 CITY OF NEWPORT BEACH MINUTES July 7 1994 ROLL CALL INDEX a 3 foot side yard setback, and that the property is not adjacent to an alley. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pomeroy commented that if the third floor within the 24/28 Foot Height Limitation Zone a problem for the Little Island Association then it would be appropriate for the Association to request that the City Council review the matter and perhaps address the issue city-wide. He said that the style of the proposed structure is an extremely neighbor- friendly design. The third story is set back 32 feet from the curb, and the second story is set back 24 feet from the curb which is further back than either of the structures on the sides of the dwelling, resulting in very little mass to the street. He said that the Planning Commission is supportive of a property owner providing more than the required number of parking spaces. As a result of the applicant redesigning the structure, the building was reduced by 400 square feet, and the garage is enclosed. Commissioner Ridgeway concurred that the applicant came back to the Planning Commission with a superior project and compromised with an enclosed garage. The project is in keeping with the neighborhood. Motion * Motion was made and voted on to approve Variance No. 1196 Ayes subject to the findings and conditions in Exhibit "A ". MOTION Absent * CARRIED. No Findings 1. That there are exceptional or extraordinary circumstances applying to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same District inasmuch as the subject property is smaller than the typical lot on Little Balboa Island and is subject to greater than • -9- COBOUSS101VERs MINUTES CITY OF NEWPORT BEACH J I ROLL CALL INDEX normal setback requirements which restrict the amount of buildable area of the site. 2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed project is generally comparable to the size, bulk and height to other buildings in the surrounding neighborhood. 3. That the granting of the variance will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. . 4. That the granting of the modification to the Zoning Code to allow open sided carports on the front half of the property, will be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will under the circumstances of the particular case be materially detrimental . to the public welfare or injurious to property improvements in the neighborhood, and further that such modification is inconsistent with the legislative intent of Title 20 of this Code. 5. That the granting of the modification to the Zoning Code to allow portions of the structure to encroach into the required front, and rear yard setbacks, will not be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood, and further that such -10- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES July 7 1994 POLL CALL INDEX modification encroachments are consistent with the legislative intent of Title 20 of this Code. 6. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 7. That public improvements may be required of a developer per Section 20.82.050 of the Municipal Code. Conditions: 1. That the development shall be in substantial conformance with the approved revised plot plan, floor plans, and elevations, except as noted below. 2. That the gross structural area of the subject project shall not exceed 1,910± square feet, including the two car . garage. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That the proposed brick wall along the Park Avenue frontage be revised to he a maximum height of 24 inches high in the five foot front yard setback area in order to provide adequate sight distance from the driveway. S. That the existing street sweeping sign located in the middle of the proposed driveway shall be relocated in the vicinity per the City Traffic Engineer's approval. 6. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 7. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. -11- COMMISSIONERS \ O t\ O CITY OF NEWPORT BEACH MINUTES Jul ! 19% ROLL CALL INDEX x x x A. General Plan Amendment No 94-1(A) (Continued Public Item No.3 Hearing) GPA94 -IA Request to amend the Land Use Element of the General Plan redesignating property at the westerly corner of Newport Center IcP 34 Drive and Granville Drive from "Multi Family Residential" to "Administrative Professional and Financial Commercial" uses and A805 to allow 5,000 square feet of office development. cunt ' d to 7/21/94 INITIATED BY: The City of Newport Beach AND B Local Coastal Program Amendment No 34 (Continued Public Hearin . Request to amend the Local Coastal Program Land Use Plan redesignating property at the westerly corner of Newport Center Drive and Granville Drive from "Multi Family Residential" to "Administrative Professional and Financial Commercial" uses and allow 5,000 square feet of office development. INITIATED BY: The City of Newport Beach AND C. Amendment No. 805 (Continued Public Hearing) Request to amend a portion of Districting Map No. 48 so as to reclassify the property at the westerly comer of Newport Center Drive and Granville Drive from the U District to the APF [5,000sfJ District, and to reclassify the remainder of the property previously known as the Granville Apartments, from the U District to the MFR (69 du) District; and to establish various front yard setbacks on Districting Map No. 48 which pertain to each property. • -12- I CITY OF NEWPORT BEACH U5M July 7 1994 ROLL CALL INDEX LOCATION: Parcel 1 of Parcel Map 10/20 (Resubdivisions No. 23 and 240), located at 1001 -1147 Granville Drive, on the westerly comer of Newport Center Drive and Granville Drive, in Newport Center. ZONE: Unclassified APPLICANT: Burnham USA Equities, Inc., Newport Beach OWNER: The Granville, Newport Beach William Laycock, Current Planning Manager, stated that the applicant requested that Item No. 3 be continued to the July 21, 1994, Planning Commission meeting to allow further discussions with existing tenants within the Granville Apartments. on Motion was made and voted on to continue Item No. 3 to the July * * * 21, 1994, Planning Commission meeting. MOTION CARRIED. sent s s s A. General Plan Amendment No 94 -1(B) (Public Hearing) Item No.4 Request to amend the Land Use Element of the General Plan so GPA 94 -1B as to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an TS 94 environmental document. UP1527A INITIATED BY: The City of Newport Beach EP 46 AND Approved B. Traffic Study No. 94 (Public Hearing) Request to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas. • -13- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH Jul / 1VV4 ROLL CALL INDEX AND C. Use Permit No. 1527 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the expansion of the existing Edwards' Big Newport Cinemas located on property in the APF District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 theater seats. The proposal also includes: a use permit to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit an off -site parking arrangement for the additional required parking. AND D. Excpl2tion Permit No. 4 Discussion iRequest to allow the construction of a 40 foot high free standing, double - faced, animated identification /marquee sign for the Edwards' "Big Newport Cinemas. CATION: Building and On -site Parking Sites: A portion of Parcel A of Parcel Map 25 -1 (Resubdivision No. 260); and all of Parcel 1 and a portion of Parcel 3 of Parcel Map 60- 36 (Resubdivision No. 454) located at 300 Newport Center Drive, on the southeasterly side of Newport Center Drive between San Miguel Drive and Anacapa Drive, in Newport Center. Off -site parking Sites: Parcel 2 and a portion of Parcel 3 of Parcel Map 60 -36 (Resubdivision No. 454), located at the rear of the theater complex and in Design Plaza. ONE: APF -14- COMMISSIONERS OPMRMPRI\�0 CITY OF NEWPORT BEACH MINUTES July 7 1994 ROLL CALL WDEX APPLICANT: Edwards' Theaters Circuit, Inc., Newport Beach OWNER: Same as applicant Commissioner Edwards stepped down from the dais because of a possible conflict of interest. William Laycock, Current Planning Manager, stated that the proposed plan will amend the Land Use Element of the General Plan so as to allow 897 theater seats in Block 200 of Design Plaza. Block 300 which is the location of the existing theater complex is allowed 2,050 theater seats. The total number of seats that would be permitted if the General Plan would be approved would be 2,947 seats in Blocks 200 and 300 in Newport Center. He said that the existing number of seats in Block 300 is 1,989; therefore, the number of seats in Block 300 could be increased in the existing theaters. Mr. Laycock recommended several revisions to the conditions in Exhibit "A ", Use Permit No. 1527 (Amended) as follows: Condition No. 3, stating 'That the mid -week daytime matinees shall be prohibited and that screenings shall not begin until after 5:30 p.m. in the evening on weekdays." - Mr. Laycock stated that inasmuch as the applicant requested that the permitted 1,250 seats that are now permitted in Block 300 also be allowed in the proposed Block 200 that Condition No. 3 be revised to state That the daytime matinees in the permitted theaters in Blocks 200 and 300 hall be limited to a maximum of 1,250 seats prior to 5.30 p.m. Monday through Friday, and a minimum of 250 off - street parking paces shall be provided for the subject theaters Commissioner Pomeroy suggested that the condition be modified from mid -week daytime matinees to nud -week daytime and holiday matinees inasmuch as no business is occurring on holidays. Mr. Laycock stated that the intent is to limit the number of seats that would be permitted Monday through Friday; however, recognized holidays could also be included in the condition. Commissioner Ridgeway • -15- NtOoQOe 9 W $ls CITY OF NEWPORT BEACH MINUTES July /, 1994 ROLL CALL INDEX stated that parking spaces are not as available in the 200 Block as the 300 Block inasmuch as there are a number of office buildings in the development. He discussed his concerns with respect to permitting matinee parking in Block 200. Condition No. 5, requests that a continuous permanent barrier at least 30 inches high be constructed between the off -site parking area in Fashion Island and the public sidewalk. Mr. Laycock stated that a previous condition approved in 1988 for the existing theater complex, requested that a continuous hedge at least 30 inches high shall be maintained in the off -site parking area in Fashion Island so as to encourage theater patrons to cross at the existing intersections. Mr. Laycock explained that the existing hedge currently has openings; therefore, the public walks through the hedge, and the suggested Condition is more spec about the continuous hedge being 30 inches high and 30 inches wide. Chairman Glover addressed comments in the staff report suggesting a wall or wrought iron fence. She said that a low fence may be more appropriate inasmuch as the public would find a way to go through the hedge. Commissioner Pomeroy commented that a 30 inch high fence would not be desirable because people could step over the fence; however, it would be difficult to step over a 30 inch wide hedge. He said that to construct a fence on the inside of the hedge would stop the problem completely. Commissioner Gifford commented that the words continuous, permanent barrier in the Condition are extremely inclusive. In response to questions posed by Commissioner Gifford with respect to a future traffic signal in Newport Center, Rich Edmonston, City Traffic Engineer, replied that the traffic light currently being considered is between Santa Cruz Drive and Santa Rosa Drive, and would not serve the subject area. Commissioner Ridgeway stated that the landscaping in the off -site parking area in Fashion Island is maintained by The Irvine Company and not the applicant. He said that there has been discussion of permitting parallel parking on Newport Center Drive, • -16- CITY OF NEWPORT BEACH MINUTES July 7, 1994 R LL CALL INDEX and if that would occur, then it may be necessary to install additional barriers. Condition No. 9, states that the applicant shall obtain the approval of a Resubdivision or Lot Line Adjustment to establish a legal building site for the proposed theater addition. Mr. Laycock indicated that there are areas of the project that encroach over property lines, and the condition would require a resubdivision or lot line adjustment. The applicant requested that additional wording be added so as to allow a Waiver of a Parcel Map inasmuch as The Irvine Company owns the land, and it is under a different leasehold. He stated that the applicant may wish to redesign the building so it does not encroach over property lines. Staff suggested that Condition No. 9 be amended to state That the applicant shall obtain the approval of a Resubdivisiory a Lot Line Adjustment, or a Waiver of a Parcel Map, so as to establish a legal building site for the proposed theater addition, prior to the issuance of building permits unless the building is redesigned to meet the . Ordinance requirements. In response to questions posed by Commissioner Ridgeway, Mr. Laycock replied that the Resubdivision and Lot Line Adjustment would be approved by the Modifications Committee, and Waiver of a Parcel Map would come to the Planning Commission for its approval. Condition No. 20, states that the proposed marquee monument sign shall be set back from the Newport Center Drive public sidewalk in order to provide adequate sight distance. Mr. Laycock suggested that the condition be amended to state That any sign shall be set back from the Newport Center Drive public sidewalk in order to provide adequate sight distance in conformance with the City's Sight Distance Standard 110 -L. Mr. Laycock explained that f if the Planning Commission would deny the proposed Exception Permit to the Sign Code, the Sign Code would still allow a 25 foot high, 200 square foot pole sign. In response to questions posed by Commissioner Ridgeway, Mr. Edmonston replied that Standard 110 -L is based on a sight distance from intersections or driveways so the closer a sign is to a driveway or an intersection, the further back the sign would have to be. • -17- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES July 7 1994 ROLL CALL INDEX In response to questions posed by Commissioner Ridgeway with regard to the Negative Declaration and the viewscape of the neighborhood across MacArthur Boulevard, John Douglas, Principal Planner, stated that the view plane affects the Corporate Plaza and Newport Village Planned Communities, but not the area of the subject project. The Commission and staff discussed the impact of the proposed project and sign on the adjoining residential neighborhoods. Mr. Laycock commented that the Homeowners Associations were not mailed public notices; however, a public notice was posted on the property and published in the newspaper. Mr. Laycock stated that the applicant redesigned the proposed sign adjacent to the sidewalk. The revised square footage of the sign is less than is discussed in the staff report, and the height of the sign was reduced from 40 feet to 30 feet high. The public hearing was opened in connection with this item, and Mr. Jim Edwards, Jr., President of Edwards Theaters, appeared before the Planning Commission. Mr. Edwards addressed weekday matinee parking in Block 200. He stated that the box office for the entire theater complex will be located at its existing location in Block 300 which would encourage matinee patrons to park in the closest assessable parking spaces in Block 300. Mr. Edwards further stated that the theater complex was entitled to an additional 50 additional parking spaces when they purchased the Good Earth Restaurant property in Block 200 on a permanent daytime /nighttime basis. He stated that the applicant supports the original 40 foot high marquee sign, but the sign was redesigned to a height of 30 feet for the Planning Commission's consideration. Commissioner Ridgeway emphasized that daytime parking problems currently exist in Block 200, and he pointed out that the theaters do not have exclusive rights to the aforementioned 50 parking stalls. In response to a question posed by Commissioner Ridgeway with respect to the location of the ticket office, Mr. Edwards replied that inasmuch as the main drive access is where the existing ticket office is located that it would be in the best -18- COMMISSIONERS V CITY OF NEWPORT BEACH MINUTES Jul "/, 1994 ROLL CALL INDEX location for the entire complex. It will be possible to access the new addition from the same level as the existing theaters by going down an escalator, stairs, or an elevator. Mr. Edwards stated that no more theater seats will be permitted for weekday matinees than the existing complex currently has, so no additional parking is being requested during the day. The office buildings in Block 200 will utilize the parking spaces on weekdays before the patrons arrive at the theater. Commissioner Ridgeway and Mr. Edwards discussed Commissioner Ridgeway's suggestion to construct a parking structure adjacent to the ticket office. Commissioner Ridgeway expressed doubts that the theater patrons would use the parking spaces in the 'far reaches' of the 200 Block inasmuch as the proximity is too far away from the theater complex. In response to questions posed by Chairman Glover, Mr. Edwards replied that the theater complex would limit the ticket sales to 1,250 seats during the daytime. • Commissioner Gifford stated that it has been her experience that she will arrive at the theater complex to attend the theater and a local restaurant. Mr. Edwards responded that the theater informs the local restaurants, at the restaurants' requests, when the next 'big' movie will occur for the purpose of restaurant staffing. Commissioner Gifford commented that if theater patrons find it too inconvenient to attend a movie during the daytime, then they will not go, and it would not be in the theater's best interest to have inconvenient parking. Mr. Edwards concurred. Mr. Laycock addressed the proposed parking plan in the staff report indicating the parking zones for the theater complex. Zone 1 is property awned by the applicant and is the parking area where the majority of the automobiles will park first. Zone 2 is located behind the theater, and that parking area is where the remaining portion of the 250 parking spaces are located for the daytime matinees. Commissioner Ridgeway stated that his aforementioned comments are directed to Zones 5 and 9. Mr. Laycock pointed out that Zones 5 and 9 are only used for theater parking at night and not for matinees. In response to a question posed by -19- COMMISSIONERS ` '11441- CITY OF NEWPORT BEACH MINUTES July 1994 ROLL CALL INDEX Commissioner Ridgeway, Mr. Laycock replied that Zone 1 has 205 parking spaces, and Zone 2 has 372 parking spaces. In response to questions posed by Commissioner Gifford regarding the proposed sign, Mr. Edwards replied that the sign would provide theater information. The sign was designed in keeping with the new theaters to identify the entire project as a new project, to add excitement to the area, and the animation would be an attractive element. In response to questions posed by Commissioner Ridgeway regarding the hours of the matinees, Mr. Edwards replied that matinees generally start around 11:00 am. to 12:00 noon. In response to comments by Commissioner Ridgeway regarding the special events that periodically occur at the theater, Mr. Edwards replied that the Town Hall series consists of five daytime lectures during the year. Commissioner Ridgeway commented that parking • is impacted in the 300 Block on those days. In response to questions posed by Comnssioner Gifford regarding parking for daytime special events during the week, Mr. Laycock replied that the same number of theater seats and offstreet parking spaces should be restricted for special events as for movie use. Commissioner Gifford suggested that Condition No. 3, Use Permit No. 1527 (Amended) be amended to state daytime uses instead of daytime matinees, and that would address Commissioner Ridgeway's concerns. Mr. Laycock and Chairman Glover discussed the idea that uses other than movie uses inside the theater complex exceeding 1,250 seats, Monday through Friday during the daytime hours, sbould require a Special Events Permit. Mr. Jim Edwards, Sr., Chairman and CEO of Edwards Theaters, appeared before the Planning Commission. Mr. Edwards discussed the Special Events that occur in the theater complex, and the support the theater has given the community during the past 25 years. In reference to the weekday matinees, Mr. Edwards pointed out that the six theaters would not require more parking i -20- ' CITY OF NEWPORT BEACH MINUTES Jul 7 1994 R L CALL INDEX spaces than currently exist inasmuch as the number of tickets sold will not change. Mr. Edwards advised that many of the theater's patrons also stop at one of the adjacent restaurants; therefore, it . is possible that only one parking space is required for a patron attending the theater and an adjacent restaurant. Mr. Edwards stated that the Newport Theater is one of the top 12 platform theaters in the nation. He said that the theater complex is a destination place, and the City will be proud of the proposed project. A new box office will be built, and it will remain in the existing location. He said that the matinee patrons will use the parking areas closest to the theater; however, the theater needs the extra parking spaces for the nighttime patrons. He said that he once proposed to The Irvine Company that a road be built to the back of the theater but the suggestion was not approved. People will walk as far as is necessary to get to a parking space as long as there is a parking space available. • The Newport Theater was built as one of the biggest theaters in America at the time insofar as the screen is concerned. The theater consists of a screen that is 70 feet long and 30 feet tall, and has an eight -track digital sound system. In response to a question posed by Commissioner Ridgeway regarding the aforementioned Condition No. 5 regarding a continuous, permanent barrier, Mr. Edwards described how difficult it is to cross Newport Center Drive from the theater at the intersection. He agreed to a barrier if it would be required; however, he suggested that it should be ornamental. Mr. Edwards advised that the public at large walks through the existing barrier. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to approve General Plan Amendment No. 94- Motion 1(B) [Resolution No. 1364], Traffic Study No. 94, Use Permit No. 1527 (Amended) and Exception Permit No. 46, subject to the findings and conditions in Exhibit 'W', as amended. • -21- COMMISSIONERS M\� 00\0NIMM ql\ \0 CITY OF NEWPORT BEACH MINUTES Jul 7 1994 ROLL CALL INDEX Commissioner Pomeroy suggested that the marquee sign be permitted to be constructed up to 40 feet high. Mr. Laycock pointed out that Condition No. 1, Use Permit No. 1527 (Amended) states that the development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, which includes the proposed 40 foot high freestanding marquee sign. Chairman Glover accepted the amendment to the motion. Commissioner Ridgeway said that the exciting project would bring life to a daytime business community. He supported the lights, the structures, and the 40 foot high sign. In reference to the location of the existing 15 foot high sign that is a distance of 5 feet back from the public sidewalk, Commissioner Ridgeway and Mr. Edmonston discussed the issue of moving the proposed enlarged sign further back from the public sidewalk. Commissioner Ridgeway further addressed his concern regarding the possibility that a view could be impacted by illuminating the tower on the • structure. Mr. Laycock pointed out that Mitigation Measure No. 3, states that prior to the issuance of a building permit that the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses... He said that after the lighting system is installed, that it is possible that the lighting would have to be reduced. The public hearing was reopened in connection with this item, and Mr. Mario Savopoulos, Project Designer, appeared before the Planning Commission. Mr. Savopoulos explained that inasmuch as the marquee sign will identify the theater complex that festive neon lighting will be used. Mr. Savopoulos briefly explained the proposed lighting system. Commissioner Gifford supported the proposed architecture of the building and the sign. She addressed the lighting of the canopy wherein she expressed her concern regarding the potential of the sign at the proposed height and with animation the sign could be • -22- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES July 7 1994 ROLL CALL INDEX overwhelming. She said that the Planning Commission reviewed the Hard Rock sign 90 days after installation to determine the intensity of color and the degree of frequency of animation. Commissioner Gifford requested that the motion be amended to add a condition that the sign could be reviewed 90 days by the Planning Commission after installation. Mr. Edwards, Sr. reappeared before the Planning Commission in support of the amended motion. He explained that the sign would be illuminated but there would be no flashing lights, and no flow of lights that change violently in colors. The only animation on the sign would be the neon on the border, and that consists of a shadow that would pass through the tubes. Commissioner Pomeroy supported the amended motion. In response to a question posed by Mr. Laycock regarding the 90 day review, Commissioner Pomeroy and Commissioner Ridgeway . replied that in addition to a review of the sign that the review would also include the illumination on the proposed landmark tower. Chairman Glover stated that Newport Center is a commercial retail area that is not directly abutted by residents, and Newport Center is an area of the City where the proposed project would be appropriate. Ayes The aforementioned motion was voted on, as amended. MOTION Abstain CARRIED. Absent A. Environmental Document: 1) Accept the Environmental Document with the following findings and mitigation measures: Findings: 1. That during the course of construction pollutants from machinery, delivery trucks, and workers' • _23. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Julv 7- 1994 R L CALL INDEX vehicles would be released. In addition, dust would be generated by earthmoving and construction operations. The following mitigation measures are required in order to reduce these impacts below the level of significance. 2. That the proposed project could produce light and glare that could adversely affect nearby residential properties. The primary external light would consist of decorative lighting features around the new building, directional signs and security lighting as required The following mitigation would ensure that any exterior lighting is designed such that potential impacts from nuisance glare would not be significant. 3. That since the proposed use is inconsistent with the City's General Plan, the following mitigation . measure is required to eliminate potentially significant effects to land use. 4. That the distance of some of the proposed parking spaces, combined with the lack of easy access to the southerly parking areas, raised the concern that some patrons may choose to park in the Fashion Island area and jay -walk across Newport Center Drive to the theaters, which would create a public safety problem. That this concern could be substantially reduced by the following mitigation measures. 5. That the project site is located in an area where archaeological and paleontological resources have been discovered in the past and may be expected to exist on this site. As a result, the applicant will be required to comply with the following mitigation measure, which requires compliance with Council Policies K -5 and K -6 regarding archaeological and • -24- COMMISSIONERS to .c � s CITY OF NEWPORT BEACH MINUTES Jul 7 1994 ROLL CALL INDEX paleontological surveys and recovery of resources. 6. That on the basis of the foregoing analysis, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 7. That there are no long -term environmental goals that would be compromised by the project. 8. That no cumulative impacts are anticipated in connection with this or other projects. 9. That there are no known substantial adverse affects on human beings that would be caused by the proposed project. Mitigation Measures 1. All grading activities shall comply with the dust suppression provisions of the City's Grading and Excavation Code (NBMC Sec. 15.04.140) and AQMD Rule 403. 2. Construction operations shall utilize methods to reduce pollutant emissions to the greatest extent feasible. Such methods include the following: a) Use of low- emission construction equipment b) Rideshare program and incentives for construction employees c) Suspend grading operations during first and second stage smog alerts • -25- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Jul 7 1994 ROLL CALL INDEX d) Maintain construction equipment with properly tuned engines e) Use of low - sulfur fuel for stationary construction equipment f) Use of on -site power instead of portable generators g) Coordinate construction operations to minimize traffic interference 3. That prior to the issuance of any building permit, the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and 40 glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied. 4. That prior to issuance of a building permit for any theater expansion, a General Plan amendment shall be approved to allow an additional 897 theater seats in Newport Center Block 200. 5. That prior to issuance of a building permit for the theater expansion, a parking control plan acceptable to the City Traffic Engineer shall be submitted by the applicant. The plan shall address parking lot restriping, signage (both vehicular and pedestrian), traffic control, and parking area security (e.g., -26- COMMISSIONERS 0 t`A CITY OF NEWPORT BEACH MINUTES 1111v 1()94 R L CALL MEX lighting) so as to minimize illegal parking, congestion and idling during peak periods. 6. That prior to issuance of a certificate of occupancy for the expansion, the parking control plan shall be implemented and approved by the City Traffic Engineer. 7. Prior to issuance of a certificate of occupancy for the theater expansion, a pedestrian barrier meeting the approval of the City Traffic Engineer shall be installed adjacent to Newport Center Drive between San Miguel Drive and Anacapa Drive. 8. Prior to issuance of a grading permit, the applicant shall demonstrate to the Planning Department that the project will comply with . Council Policies K -5 and K -6 regarding archaeological and paleontological resource investigation, surveillance and recovery. B. General Plan Amendment No. 94 -1(B): 1) Adopt Resolution No. 1364. recommending to the City Council adoption of General Plan Amendment 94 -1(B), amending the Land Use Element of the General Plan, to alter the policy statements for Statistical Area No. LA in order to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document; and C. TRAFFIC STUDY NO 94: Approve the Traffic Study, making the findings listed below: . -27- V%0 CITY OF NEWPORT BEACH MINUTES July 7 1994 20LL CALL INDEX FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major,' 'primary- modified,' or 'primary' street. 3. That the Traffic Study indicates that the project- generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour peak period on seven of the eight study intersections and that the ICU analysis for the intersections of MacArthur Boulevard /San Miguel Drive and East Coast Highway /Newport Center Drive, indicates that the ICU values for the A.M. and P.M. peaks will not be altered by the addition of the project. D. USE PERMIT NO. 1527 (Amended): Approve subject to the applicable findings and conditions of approval set forth below. FINDINGS: 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new buildings applicable to the district in which the proposed project is located. 2. That the existing and proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. That adequate off -street parking and related vehicular circulation are being provided in conjunction with the proposed development. • -28- COMMISSIONERS Am \VINO \*14M4\:-\%\1i0 CITY OF NEWPORT BEACH MINUTES j 1294 ROLL CALL INDEX 4. That the off -site parking areas are located so as to be useful to the proposed theatre use. 5. That the parking on the subject off -site lots will not create undue traffic hazards in the surrounding area. 6. That the increased building height would result in more public visual open space and views than is required by the basic height limit by the increased setback adjacent to Newport Center Drive than would be provided by a lower building covering a larger area of the site which would result in less open space and landscaped areas and would result in a less visually appealing development. 7. That the increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone in that the tower structure and lobby cupola create a landmark for identification and tie in architecturally to the proposed building. 8. That the increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments, inasmuch as the proposed structure is similar in size and scale to the existing buildings located on either side of the subject site which does not abruptly impact public spaces. 9. That the proposed structure will have no more floor area than could have been achieved without the use permit. 10. The approval of Use Permit No. 1527 (Amended) will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City; and • -29- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX further, that the proposed modification to the Zoning Code, so as to permit the use of compact size parking spaces for a portion of the required off - street parking, is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted in the following conditions: 2. That all conditions for Use Permit No. 1347 and Use Permit No. 1527, and Use Permit No. 1527 (Amended) shall remain in full force. 3. That daytime matinees in the permitted theaters in Blocks 200 and 300 shall be limited to a maximum of 1,250 seats . prior to 5:30 p.m., Monday through Friday, except for recognized holidays. A m;nimum of 250 offstreet parking spaces shall be provided for the limited seating. A Special Events Permit shall be required for any lectures or other events that exceed 1,250 seats in the theater complex during the hours of operation noted above. 4. That a minimum of one parking space for each 3 seats (299 parking spaces) shall be provided for the subject theaters on weekday evenings beginning at 5:30 p.m., on Saturdays and Sundays and recognized holidays and that during such times the maximum number of theatre seats shall be 897 seats (Block 200). 5. That a continuous, permanent barrier, at least 30 inches high shall be constructed between the off -site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. In the case of a plant barrier, the plants shall be a minimum of 30 inches high and 30 inches across shall be • -30- CITY OF NEWPORT BEACH MINUTES Juiv 1994 ROLL CALL INDEX established between the off -site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. 6. That the on -site vehicular and pedestrian circulation systems shall be approved by the City Traffic Engineer. 7. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress, except as noted in the following conditions of approval. 8. That amended off -site parking arrangements shall be approved by the City Council guaranteeing that the following off -site parking location shall be provided to the subject theatre: • a. Parcel 3 of Parcel Map 93 -106 (Resubdivision No. 997) located in the common parking lot bounded by Newport Center Drive, Anacapa Drive, Farallon Drive and Block 300 Theater Plaza. Said parking shall be for the exclusive use of the theatre and shall provide a minimum of 299 parking spaces. 9. That the applicant shall obtain the approval of a Resubdivision, a Lot Line Adjustment, or a Waiver of a Parcel Map, so as to establish a legal building site for the proposed theater addition, prior to the issuance of building permits unless the building is redesigned to meet the Ordinance requirements. • -31- COMMISSIONERS ' � � CITY OF NEWPORT BEACH MINUTES Jul 7 1994 ROLL CALL WDEX 10. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 11. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 12. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping programs designed to minimize impact of haul operations. 13. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 14. That grading shall be conducted in accordance with plans . prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 15. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 16. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 17. That all access to the buildings be approved by the Fire Department. • -32- COMMISSIONERS pll�'i� O� O CITY OF NEWPORT BEACH MINUTES Jul 7 19 ROLL CALL INDEX 18. That all applicable conditions of approval of Resubdivision No. 997 shall be fulfilled. 19. That disruption caused by work along roadways and by the movement of construction vehicles shall be minimised by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Newport Center Drive Right -of -Way. 20. That any sign shall be set back from the Newport Center Drive public sidewalk in order to provide adequate sigbt distance in conformance with the City's Sight Distance Standard 110-L. 21. That handicap access shall be provided through the entry • driveway median on Newport Center Drive and the design shall be approved by the Public Works Department. That all work shall be completed prior to occupancy of the new theaters. 22. That all improvements be constructed as required by ordinance and the Public Works Department. 23. 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. 24. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. • -33- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH J 7 19 4 ROLL CALL INDEX 25. That the Planning Commission shall review the illumination on the proposed landmark tower 90 days after the structure bs been illuminated. E n Permit No 46• Approve as proposed by the applicant subject to the applicable findings and conditions of approval set forth below. Findings: 1. That the proposed identification sign will not be detrimental to the surrounding area or increase any detrimental effect of the existing use. 2. That the proposed identification sign will not be visible from any of the surrounding residential properties. 3. That the nature of the request is unique in that there are a limited number of the subject theater facilities of this size throughout the county. 4. That the proposed signage will not set a precedent for other signs of a similar nature, inasmuch as the proposed location is within the Newport Center /Fashion Island Planned Community and is consistent with other signs approved in Fashion Island. That the signage, as approved, will not be detrimental to persons, property or improvements in the neighborhood, and that the exception is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and the Fashion Island Planned Community Development Plan and District Regulations. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, and elevations. • -34- COMMISSIONERS .ao .�clo f��nd2drs CITY OF NEWPORT BEACH UU July 7 1994 ROLL CALL INDEX 2. That the identification sign shall not exceed an overall height of 40 feet as measured from existing grade. 3. That the area of the identification sign shall not exceed 476± square feet per face. 4. That the animation of the proposed identification sign be limited to that which was presented in the public hearing, and further described within the staff report. 5. That the Planning Commission shall review the proposed freestanding identification /marquee sign 90 days after the structure has been illuminated. Y Y i General Plan Amendment 94 -2 D-1 iRequest to initiate amendments to the Newport Beach General cPA 94 -2 Plan, as follows: (D) Cal - D. Caltrans West. Possible modifications to the Land Use Trans Cont 'd Element and Recreation and Open Space Element that to 8/4/94 would specifically authorize the transfer of 152 dwelling units from the site to any property in the City, grant park credits to the owner of the parcel to which the units are transferred, and authorizing the transfer of development rights based upon a traffic equivalency to any zoning district subject to the review and approval of the City Council. The request includes an amendment of the Recreation and Open Space Element to change the designation of Caltrans West from a view park to community park; and an amendment of the Land Use Element to designate the site as Recreational and Environmental Open Space subject to development rights transfer. • -35- COMMISSIONERS ��hr��lOr�,s'dLDfS CITY OF NEWPORT BEACH MINUTES I Jul 7 1994 I R LL CALL INDEX The Planning Commission asked who is the applicant that requested the initiation? John Douglas, Principal Planner, replied that the request comes from the Committee for the Acquisition for Cal Trans West. The subject proposal would not expose the City to liability for taking property without compensation. Robin Flory, Assistant City Attorney, stated that the property owner is aware of the request; however, she indicated that she did not know if the property owner is against the request wherein she said that she could clarify the question at a future date. Commissioner Edwards opined that there was not a change in circumstances since 1993 when a request was submitted to the Planning Commission to initiate a similar amendment to Caltrans West. Chairman Glover said that it was not clear where the 152 dwelling units would be developed. Commissioner Ridgeway stated that inasmuch as the Planning Commission is being requested to downzone property that the Commission does not have adequate information or presentation other than from staff, and that he was not prepared to initiate the amendment until he has further information. A downzone could cost the City money. 4otion Motion was made to continue General Plan Amendment 94 -2 (D) to the August 4, 1994, Planning Commission meeting to allow staff additional time to provide information regarding the request. Commissioner Gifford concurred with the motion to continue the initiation. Ayes * * Motion was voted on, MOTION CARRIED. Absent x s x i -36- ROL Moti Ayes Abse • COMMISSIONERS CITY OF NEWPORT BEACH MINUTES R .!.I L CALL INDEX E. General Plan Recreation and Open Space Element: (E) Rec. Request to amend the General Plan Recreation and Open pen s ac Space Element to review and prepare a comprehensive Initiated update of the Element, which was adopted in 1985. on orlon was made and voted on to initiate General Plan * * * endment 94 -2(E). MOTION CARRIED. nt s s s s view n consider amending h Planning PC Rules ommissi n's f Procedure cf Proce obin Flory, Assistant City Attorney, explained that the revised ales of Procedure would comply with the requirements of the rown Act. n response to a request for clarification by Commissioner omeroy regarding VIII. Voting Procedure (E), Ms. Flory xplained that A motion to reconsider any action taken by the Nanning Commission must be made at the same meeting..., meaning at it would be at the same meeting that the action was taken, d it could only be made by one of the Planning Commissioners ho voted on the prevailing side. allowing a discussion initiated by Commissioner Edwards and mmissioner Gifford, the Planning Commission amended � time f Meeting C as follows: No agenda item shall be i troduced on a Planning Commission agenda after the hour of 11:00 m. Furthermore, any item introduced and being discussed by 11:30 I m. and not concluded by 12:00 midnight shall be continued by the anning Commission to another date. The intent and purpose of this licy is to facilitate maximum public participation and to encourage reasonable hour in which the Planning Commission business is cussed and to protect against fatigue in discussing and deciding portant Cily issues. The above time periods may be extended by otion approved by majority of vote. • -37- Jul / 1774 uili CITY OF NEWPORT BEACH Julv 7 1994 ROLL CALL INDEX Motion * Motion was made and voted on for the adoption of the proposed Ayes * * * * changes to the Planning Commission's Rules of Procedures, as Absent * amended in VI.(C) and VIII.(E). ADDITIONAL BUSINESS: Add ' 1 Business Motion * Motion was made and voted on to excuse Commissioner Edwards Ayes * * * * from the Planning Commission meeting of July 21, 1994. Absent * MOTION CARRIED. ADJOURNMENT: 9:50 p.m. Adjourn x i i TOD RIDGEWAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -38-