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HomeMy WebLinkAboutTS100 CITY OF NEWPORT BEACH PLANNING DEPARTMENT July 26, 1994 TO: Balboa Bay Club File FROM: J. Douglas SUBJECT: EIR No. 152 Amendment No. 787 Use Permit No. 3524 Traffic Study No. 100 Copies of the staff reports for these items are contained in the file for Amendment No. 787. f.\...\JOIiN-D\BBC\PlLE.MEM FINAL FINDINGS AND CONDITIONS FOR APPROVAL BALBOA BAY CLUB REMODELING AND EXPANSION PLAN ENVIRONMENTAL IMPACT REPORT NO. 152 AMENDMENT NO. 787 USE PERMIT NO. 3524 TRAFFIC STUDY NO. 100 (As approved by the City Council 7/25/94) A. Environmental Impact Report No. 152 Findings: 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act(CEQA),the State CEQA Guidelines and City Policy. 2. That the proposed Final EIR, which includes the Draft EIR, Comments and Responses, revisions to the Draft EIR, and all related documents in the record is complete and adequate to satisfy all the requirements of CEQA for the proposed project. 3. That the analysis and conclusions contained in the proposed Final EIR reflect the independent judgement of the Planning Commission. 4. That the Planning Commission has reviewed and considered the information contained in the proposed Final EIR prior to making its recommendations to the City Council. Mitigation Measures: 1. Prior to the issuance of a grading permit, the Director, Building Department shall approve, and ensure the implementation of, a dust control program in compliance with South Coast Air Quality Management District Rule 403 during demolition, excavation, and construction. This program shall include such measures as: containing soil on-site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 2. The project shall comply with the requirements of South Coast Air Quality Management District Regulation XV, which is intended to reduce vehicular travel in the region. Final Findings and Conditions of Approval Balboa Bay Club Remodeling and Expansion Plan 1 July 25,1994 3. Construction operations shall utilize methods to reduce pollutant emissions to the greatest extent feasible. Such methods may 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; d. Maintain construction equipment with properly tuned engines; e. Use of low-sulfur for stationary construction equipment f. Use of on-site power instead of portable generators; g. Coordinate construction operations to minimize traffic interference. 4. Prior to the issuance of the grading permit, the Director,Building Department shall ensure that grading operations shall be suspended when wind speeds (as instanta- neous gusts) exceed 25 miles per hour. 5. Prior to the issuance of a precise grading permit, the developer shall submit a Notice of Intent to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity to the California State Water Resources Control Board. Evidence that coverage under the General Permit has been obtained shall be presented to the Director,Public Works, City of Newport Beach,prior to the issuance of any grading or building permits. 6. Prior to issuance of a precise grading permit, the developer shall submit a Water Quality Management Plan (WQMP) identifying the Best Management Practices (BMPs)that will be used on-site to control predictable pollutant runoff. These'plans shall identify the types of structural and non-structural measures to be used as specified in the Best Management Practices for New Development Appendix to the Orange County Drainage Area Management Plan, the locations of structural BMPs, and assignment of long-term maintenance responsibilities',-,a 1 i-�t7i r ee i 7. Prior to the issuance of a grading permit, the developer shall obtain either a National Pollutant Discharge Elimination System (NPDES) Permit or a Waste Discharge Requirements (WDR) permit, as required, from the Santa Ana Regional Water Quality Control Board for dewatering during construction. 8. Prior to the issuance of a grading permit, the Director, Building Department shall ensure that the grading plan includes a complete plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris, and other water pollutants. Prior to issuance of building permits, said improvements shall be constructed in a manner meeting the approval of the Director,Building Department, City of Newport Beach. 9. Prior to the issuance of an occupancy certificate, the Director, Building Department shall ensure that all outfalls into the bay shall have flapgates attached to the storm Final Findings and Conditions of Approval Balboa Bay Club Remodeling and Expansion Plan 2 July 2S,M L drain outlets to serve as a backflow prevention device. 10. Existing on-site drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer prior to the issuance of a building permit. A hydrology and hydraulic study and a master plan of water,sewer and storm drain for on-site improvements shall be prepared by the applicant and approved by the Public Works Department prior to the issuance of building permits. Any modifications to the existing storm drain system shall be the responsibility of the developer. 11. All storm drain facilities in the project and not located on public rights-of-way shall be cleaned and maintained by the Balboa Bay Club operator as reasonably necessary, but not less frequently than once per year prior to October 1. 12. The project sponsor or his successor shall ensure that driveways and parking lots in the project shall be swept at least monthly using a vacuum-type sweeper. 13. Prior to the issuance of an occupancy permit, a landscape plan, prepared by a licensed landscape architect,which includes a maintenance program that controls the use of fertilizers and pesticides, shall be reviewed by the City of Newport Beach General Services Departmenti and shall be approved by the Planning and Public Works Departments. The plan shall include an irrigation system designed to avoid surface runoff and over-watering. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 14. Prior to the issuance of building permits, the City Engineer shall ensure that drainage facilities are designed to remove oil and grease from run-off prior to discharge into the public storm drains. The project sponsor or his successor shall maintain such facilities on a regular basis. 15. Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable to the Director, Building Department, City of Newport Beach that: a. All construction vehicles or equipment,fixed or mobile, operated within 1,000' of a dwelling shall be equipped with properly operating and maintained mufflers. b. All operations shall comply, with the City Noise Ordinance. C. Stockpiling and/or vehicle staging areas shall be located as far as practicable from dwelling units. 16. Prior to the issuance of building permits, the Director, Building Department, shall ensure that all non-residential structures shall be sound attenuated against the Final Findings and Conditions of Approval Balboa Bay Club Remodeling and Expansion Plan, 3 July 25,IM combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element, which range from 45 dBA for hotels to 55 dBA for restaurants. 17. During construction, inspectors of the Building Department shall ensure that construction activities shall be conducted in accordance with the City of Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays, and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. I& If necessary, the applicant shall apply for a waiver of the City noise abatement regulations to allow for dewatering and, if needed, pouring of the foundation. Electric pumps shall be required for dewatering equipment to reduce noise levels. The continuous concrete pour shall be scheduled outside of the peak traffic period to the extent feasible and shall encompass no more than one night time period. 19. At the time the City approves the requested waiver of City noise abatement regulations to allow for dewatering and pouring of the foundation, the City Engineer shall determine if it is necessary to require barriers of baffles to reduce noise from construction equipment as not to exceed 50 dBA at the property lines. If required, the applicant shall install such measures prior to beginning any activities for which a waiver was granted. 20. Prior to the issuance of a building permit, the Building Department shall ensure that any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said structures shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. 21. The project proponent or his successor shall ensure that loading dock activities are restricted as follows: a. Loading dock deliveries shall occur only between the hours of 8:00 a.m. and 5:00 P.M. b. No trucks larger than 35 feet shall make deliveries to the site. C. All truck deliveries shall enter and exit through the eastern driveway and shall not utilize the aisle adjacent to the Bayshores area. 22. The Planned Community Development Plan shall include a Public Access Plan as provided in Exhibit 21 and Exhibit 22. Prior to issuance of any occupancy permit, public pedestrian walkways, parking areas and directional signage shall be installed in conformance with the Public Access Plan. Public access areas shall remain open Final Findings and Conditions of Approval Balboa Hay Club Remodeling and Expansion Plan 4 July 25,1994 at all times, including during construction of subsequent project phases, unless it is determined by the Building Director that access would create a public safety hazard. 23. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements prior to the issuance of a building permit. 24. A traffic signal shall be installed on Coast Highway at the main entrance to the Balboa Bay Club prior to the commencement of demolition or construction. If the traffic signal is installed by another party in connection with a separate project, the Balboa Bay Club shall reimburse said parry the amount of one-half of the cost of installation of the traffic signal. Further, the Balboa Bay Club shall provide an easement for the installation of underground metal detectors in connection with the traffic signal at such time when the installation is proposed. 25. The Building Department shall ensure that no construction equipment storage on West Coast Highway or deliveries or off-loading will be made in the West Coast Highway right-of-way. The sidewalk along West Coast Highway shall be kept open at all times except when being repaired or replaced. 26. Prior to the issuance of a building permit, the on-site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer and sidewalks shall be provided between Coast Highway and building entrances. 27. Prior to the issuance of grading permits, the City Engineer shall ensure that the intersection of West Coast Highway and the main entrance drive and easterly drive shall be designed to provide sight distance for a speed of 50 miles per hour and sidewalk bicycle traffic. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed 24 inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the Traffic Engineer. 28. Prior to the issuance of a building permit, the Building Department shall ensure that, based on a fire flow requirement for sprinklered facilities of this nature, the following existing connections shall be upsized to provide for 2,000 gallons per minute fire flow (subject to Fire Department review and approval of design plans): Upsize the connection at Coast Highway from 6 inches to 12 inches and install an 8-inch meter; Upsize the connection at Bayshore Drive from 4 inches to 8 inches and install a 6-inch meter. 29. Prior to the issuance of building permits, the Fire Department shall review design plans to determine the adequacy of emergency access. The Department may require Final Findings and Conditions of Approval Balboa Bay Club Remodeling and Expansion Plan 5 July 25,1994 0 indoor fire protection features, such as overhead fire sprinklers, if it determines that such measures are necessary to provide adequate fire protection. 30. Prior to the issuance of a building permit, the Building Department shall ensure that the facility installation will conform to applicable Public Utilities Commission regulations. The applicant shall comply with adopted state energy conservation standards per §§1451-1542 of Title 20 of the California Administrative Code and §§P 20-1451 through P 20-1452 of Title 24 of the Code. 31. Prior to issuance of occupancy permits, the Building Department shall ensure that final design of the project shall provide for the incorporation of water-saving devices for project lavatories and other water-using devices. 32. Water improvement plans shall be approved by the Fire Department, the Utilities Department and the Public Works Department, City of Newport Beach, prior to issuance of a grading permit. 33. Prior to issuance of a building permit, the Utilities Department shall ensure that the water distribution and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Orange County Health Department and the Utilities Department. 34. Prior to the issuance of an occupancy permit, the Planning Department shall ensure that drought-resistant vegetation shall be used in landscaping to reduce the demand for irrigation water in accordance with the City's Landscaping Ordinance of 1992 (Municipal Code §14.17). 35. All,proposed sewer improvements shall be approved by the Director, Public Works, City of Newport Beach prior to installation. 36. If determined to be necessary by the City Traffic Engineer, a bus turnout shall be provided on West Coast Highway. The area adjacent to the bus turnout shall include a paved passenger waiting area complete with a bus shelter and bench. A paved, lighted and handicapped accessible pedestrian accessway shall be provided between this stop and the project buildings prior to the issuance of an occupancy,permit. 37. A concrete bus pad sufficient to support the weight of a bus (see OCTD's "Design Guidelines for Bus Facilities") shall be provided at the transit stop if it is determined by CalTrans that the material used to construct Coast Highway is not sufficient to support continued transit use of the bus stop. The determination of need as well as installation shall be made prior to the issuance of an occupancy permit. 38. Prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Director of Public Works Department that adequate sewer facilities will be available for the project. Such demonstration shall Final Findings and Conditions of Approval Balboa Bay Club Remodeling and Expansion Plan 6 July 75,1994 include verification from the Orange County Sanitation District and the City's Utilities Department. 39. Prior to issuance of building or grading permits, a master plan of water and sewer facilities shall be prepared and approved by the Director of Public Works. The applicant shall verify the adequacy of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 40. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 41. Signage and exterior lighting shall be designed so as to confine all direct light rays to the property, and shall be approved by the Planning and Public Works Depart- ments. 42. Any street signs, benches, planters and other similar facilities in the public right of way shall be designed in conformance with City standard plans and design criteria. Any.such plans shall be approved by the Planning and Public Works Departments and may require encroachment agreements and/or permits prior to the issuance of an occupancy permit. 43. Prior to issuance of a building permit, the Building Department shall ensure that roof-top equipment shall be screened from view of upslope properties. 44. Any existing overhead utilities serving new or remodeled structures on the project site shall be placed underground to the satisfaction of the Public Works Department prior to the issuance of an occupancy permit. 45. The Edison transformer serving the site shall be located outside the sight distance plans as described in City Standard 110-L prior to the issuance of an occupancy permit. 46. Fencing and walls along West Coast Highway adjacent to the club facility shall be of open design (e.g., wrought iron) so as to allow public views of the property and the bay. B. Amendment No. 787. Ordinance No. 94-36 was adopted by the City Council redesignating the property from R-4 to P-C and adopting Planned Community Development Regulations. Final Findings and Conditions of Approval Balboa Bay Club Remodcling and Expansion Plan 7 July 25,1994 C. Use Permit No. 3524 Findines: 1. That the proposed project is consistent with the General Plan and the proposed Planned Community Development Regulations, and as conditioned is compatible with surrounding land uses. 2. Portions of the existing project on the site were constructed prior to the adoption of the current General Plan, Local Coastal Program/Land Use Plan, and Zoning Ordinance, and are legal nonconforming structures. Such structures shall be subject to the provisions of Chapter 20.83 of the Zoning Code ('Nonconforming Structures and Uses"). 3. That the establishment, maintenance or operation of the use or building applied for will not,under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare to the City. 4. 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. 5. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. Conditions: Public Works Department 1. That all improvements be constructed as required by Ordinance and the Public Works Department. 2. That each building be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 3. That the on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer and sidewalks shall be provided between Coast Highway and Building entrances. 4. That Pedestrian access shall be provided throughout the area of the Club portion of property identified in the public access plan as available for use by the general public. Final Findings and Conditions of Approval Balboa nay Club Remodeling and Expansion Plan 8 July 25,1994 5. That parking shall be provided on-site or in approved off-site lots for all employees, members and guests, and all employees will be required to,park in these provided facilities. 6. That the intersection of West Coast Highway and the Main Entrance drive and easterly drive shall be designed to provide sight distance for a speed of 50 miles per hour and sidewalk bicycle traffic.Slopes,landscape,walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed 24 inches in height. The sight distance requirement may be modified at non-critical locations, subject to approval of the Traffic Engineer. 7. That the proposed easterly guard gate be designed to provide vehicular stacking as required by the City Traffic Engineer and that site distance be provided along West Coast Highway in conformance with the City's Sight Distance Standard 110-L. The design shall be reviewed and approved by the City Traffic Engineer and the Fire Marshall and shall allow right turns in and out only. No left turn movements will be allowed at this location. 8. That the deteriorated sections of concrete sidewalk shall be reconstructed along the West Coast Highway frontage; that any unused drive aprons shall be removed and replaced with curb, gutter and sidewalk; that the new drive apron shall be constructed per City Standard 166-L; and curb access ramps shall be provided at the westerly drive entrance on West Coast Highway. All work shall be completed under an encroachment permit issued by the California Department of Transportation. 9. That a turnaround shall be provided prior to the guard gates unless otherwise approved by the Public Works Department. 10. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a demolition, grading or building permit prior to completion of the public improvements. 11. That a drainage study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on-site improvements prior to issuance of any demolition, grading or building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study and the City shall be the responsibility of the developer. The private water system will have to be upgraded to meet current City standards. 12. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the Final Findings and Conditions of Approval Balboa Bay Club Remodeling and Expansion Plan 9 July 25,1994 I�, 0 0 bulkhead is to be a minimum elevation of 9.00 above M.L„L.W. (6.27 MSL). 13. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 14. That any Edison transformers serving the site be located outside the sight distance planes as described in City Standard 110-L and that the locations'be subject to review and approval of the Public Works Department. 15. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized 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. A traffic control plan shall be reviewed and approved by the Public Works Department prior to the issuance of demolition, grading, or building permits. There shall be no construction storage or delivery of materials within the West Coast 'Highway right-of-way. The sidewalk along West Coast Highway shall be kept open at all times except when being repaired or replaced. 16. Prior to the commencement of each construction phase and related parking provisions, the project proponent shall notify the Traffic Engineer, City of Newport Beach,of the start date for that particular construction phase. Thereafter,as deemed necessary by the Traffic Engineer, the City will monitor the parking provisions to ensure compliance with the proposed phasing plan. 17. That earthwork hauling operations,major concrete placement,and other construction operations requiring more than 32 trips per day or 4 trips per hour by trucks shall be coordinated with the City Traffic Engineer and Caltrans Permits Division. During high peak traffic times of if operations are causing significant traffic congestion, the operations may be restricted by the City traffic Engineer and /of Caltrans. 18. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing unless otherwise approved by the Fire Marshall. 19. Deleted. 20. That street signs, benches, planters and other similar features on-site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works and General Services Departments prior to the issuance of an Final Findings and Conditions of Approval Balboa Bay Club Remodeling and Expansion Plan 10 July 25,1994 occupancy permit. 21. That the Water improvement plans be approved by the Fire Department, the Utilities Department and the Public Works Department, City of Newport Beach, prior to issuance of a grading permit. 22. That all proposed sewer improvements shall be approved by the Director, Public Works Department, City of Newport Beach. 23. That prior to the issuance of building permits, a bus turnout, if determined by the City Traffic Engineer to be necessary based on roadway cross sections,travel volumes or speeds, should be provided at the existing bus stop location. 24. That in conjunction with the provision of a bus turnout, the area adjacent to this turnout shall include a paved passenger waiting area complete with a bus shelter and bench. A paved, lighted and handicapped accessible pedestrian access way shall be provided between this stop and the project buildings. 25. That in conjunction with the provision of a bus turnout, a concrete bus pad sufficient to support the weight of a bus (see OCTD's Design Guidelines for Bus Facilities) shall be provided at this transit stop if it is determined by Cal Trans that the material used to construct Coast Highway is not sufficient to support continued transit use of the bus stop. 26. That a traffic signal shall be constructed on West coast Highway at the main entrance to the Bay Club prior to the commencement of demolition or construction. The developer will be responsible for 50% of the cost for design and construction. If this signal is constructed by another party, that party shall be reimbursed for 50% of their cost of design and construction. 27. That a detailed preconstruction survey shall be prepared to document the present condition of all buildings and facilities within the zone of influence of the dewatered investigation. Photographs, crack surveys, and installation of a reference benchmark beyond the zone of influence shall be included in the preconstruction survey. Areas within at least 230 feet of the proposed excavation shall be monitored, for any settlement and lateral movements due to possible deflection of the shoring system. Groundwater observation wells within the zone of influence shall be installed. The specific parameters of the study shall be provided to the Grading Engineer for review prior to issuance of the grading permit. , 28. That any existing overhead utilities on the project side of Coast Highway and along projectg frontage be P �'put underground to the satisfaction of the Public Works Department. 29. That if found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an Final Findings and Conditions of Appm l Balboa Hay Club Remodeling and Expansion Plan 11 July?5,1094 • 0 agreement guaranteeing the repair of all damage to private property caused by the dewatering excavation process and the construction of subterranean improvements. 30. Prior to the issuance of grading permits, a National Pollution Discharge Elimination System (NPDES) Permit shall be obtained from the Santa Ana Regional Water Quality Control Board. Water extracted from dewatering wells shall meet current Environmental Protection Agency requirements prior to discharging into the Bay. If necessary, the water shall be desilted prior to discharge. Fire Department 31. Prior to issuance of each building permit automatic fire sprinkler and fire alarm system plans shall be approved by the Fire Marshall. 32. Prior to issuance of any new certificate of occupancy the underground water supply providing water to the dock fire protection system shall be extended to West Coast Highway in a manner meeting the approval of the Fire Marshall. 33. Prior to issuance of any building permit official fire lanes shall be established in a manner meeting the approval of the Fire Marshall and the Traffic Affairs Commit- tee. 34. Prior to issuance of any building permit the applicant shall submit a detailed fire hydrant system plan meeting the fire flow requirements determined by the Fire Marshall. Marine Department 35. Prior to issuance of any building permit, the applicant shall demonstrate that all parking and restrooms for the marina have been designed to comply with Sections 17, 18 and 19 of the City Council Harbor Permit Policies (City Council Policy H-1). Prior to issuance of any certificate of occupancy the Marine Director shall verify that this requirement has been satisfied. Police Department 36. Prior to issuance of each building permit the applicant shall demonstrate that exterior lighting has been designed to provide an illumination intensity of one foot- candle at ground level throughout the project. Final Fmdings and Conditions of Approval Balboa Bay Club Remodeling and Expansion Plan 12 July 2S,tssa D Traffic Study No. 100, Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary-modified, or primary street. f.\...\JOHN-D\BBC\FINA—F&C Final Findings and Conditions of Approval Balboa Bay Club Remodeling and Expansion Plan 13 July 25,19% COY OF NMORT BEACH COUNCIL MEMBERS MINUTES ;OLL CflLL soya ' July 25, 1994 INDEX 27. INTERIM MASS-GRADING b STORM DRAIP Storm Drai: RELOCATION UTILITIES YARD PHASE II SI Relocation WORM: (C-2979) - Authorize staff o C-2979 approve change orders to Sout rn (38) California Sandbags in an amount ove 25% of the original contract award amount due to relocation of r ervoir and modification to pl s and specifications. [Report fro tilities Department] 28. GENERAL PLAN AMENDMENT 4-2: Report GPA 94-2 from Planning Departmen regarding: (45) E. General Plan creation and Open Space Elemeu - Request to amend the General lan Recreation and Open Space lement to review and prepare a comprehensive update of the Ele nt, which was adopted in 1985. Note: Le er received after agenda printed om Dr. Norman Von Herzen. 29. Regar ng Denial of application of Edwin Permit 0. ndrickson to EXTEND AN EXISTING (65) OPENING AT 204 TOPAZ AVENUE, on B boa Island. [Report from Public iks Department] In ew of the number of people in attendance re rding the Balboa Bay Club public hearing, tion was made by Mayor Turner to consider Benda Item No. 30 at this time. 30. Mayor Turner opened the public hearing Balboa Bay regarding proposed ORDINANCE NO. 94-36, Club being, PCA 787 AN ORDINANCE OF THE CITY OF (94) NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE BAT CA BAY CLUB AND AMENDING PORTIONS OF DISTRICTING MAPS 140. 6 AND 23 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R-4 DISTRICT TO THE PLANNED COMMUNITY (P-C) DISTRICT AND REMOVING THE SPECIFIC PLAN DESIGNATION FROM THE PROPERTY (PLANNING COMMISSION AMENDMENT NO. 787). TRAFFIC STUDY NO. 100 - Request to approve a traffic study for the proposed expansion of the Balboa Bay Club; AND USE PERMIT NO. 3524 - Request to permit the construction of buildings that exceed the basic 26 foot height limit on property located in the proposed 26/35 Foot Height Limitation District. Report from Planning Department. The City Clerk advised that after the agenda was printed, seven additional letters were received in support of the Bay Club's proposal from the following: Volume 48 - Page 247 OC.ITY OF NEITORT BEAM* COUNCIL MEMBERS MINUTES 41� ROLL CALL s July 25, 1,994 INDEX Traffic Study No. 94 - Req/A 'F-H t to, GPA 94-1(B approve a traffic study for the on of three theaters with a total97 seats to the Edwards' Big r Cinemas; Use Permit No. 1527 (Amended) - st to amend a previously approse permit which permitted the expaof the existing Edwards' Big rt Cinemas located on property in t -HDistrict. The amendment invarequest to construct a new ng,containing three the ,administrative offices, andaof 897 theater seats. The prop sal also includes: a use permit o allow portions of the proposed b ilding to exceed the 32 foot basic hei t limit in the 32/50 Foot Height Limitation District; and request to p it an off- site parking arrangeme t for the additional required park g; AND Exception Permit No. 6 - Request to allow the constructio of a 40 foot high free standing, doub -faced, animated 'identification/marqu a sign for the Edwards' Big Newpor Cinemas. 22. READILY ACHIEVABLE ADA ALTERATIONS AND ADA PRIORITY STRD$ ADA ALTERATIONS (C- C-2941 2941) - Rescind t a June 13, 1994 award (38) of Contract N 2934; approve an exception to he capital projects moratorium a d the plans and specifications for the project; and authorize sta to advertise for bids. [Report from blic Works Department] 23. Removed fro the Consent Calendar. 24. ACCEPTANC OF TRAFFIC SIGNAL Traffic HODIFICAT NS AT VARIOUS LOCATIONS (C- Signal 2937) - cept the work; authorize the C-2937 city 01 rk to file a Notice of (38) Complet n and release the bonds 35 days after t e Notice of Completion has been record in accordance with applicable portio s of the Civil Code. [Report from ublie Works Department] 25. MRAS M LOCAL STREETS AND ROADS Measure M. PRO 1994/95 ELIGIBILITY APPLICATION (74) Adopt the final 7 year Capital I rovement Program and direct staff to s mit the adopted ,program to the Orange unty Transportation Authority 'to atisfy the eligibility requirements for the Measure M funding program. [Report from Public Works Department] 26. ACCEPTANCE OF CENTRAL LIBRARY (C-2778) - Central Accept the work; authorize the City Library Clerk to file a Notice of Completion and C-2778 release the bonds 35 days after the (38) Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and direct staff to continue negotiation of outstanding claims with Contract. [Report from Public Works Department] Volume 48 - Page 246 �I TY OF NMORT BEACH COUNCIL MEMBERS MINUTES ROLL CRLL \ July 25, 1994 INDEX Kirk Dawson of Fletcher Jones Leasing Balboa Bay Ken Lindt, 2236 Aralia Avenue Club David Blankenhorn, 2641 Alta Vista Drive Robert Shelton, 4700 Surrey Drive Mr. & Mrs. John Patrick ormsbee, 1219 Bayside Drive Pitchess Insurance Associates, 1601 Dove Street Roger A. Alford, Newport Harbor Area Chamber of Commerce. John Douglas, Principal Planner/ Environmental Coordinator, outlined the applications involved, summarized the Planning Commission and staff recommendations, and noted that the Planning Commission had unanimously approved this request on June 9, 1994. He emphasized that the proposal under consideration does not include the Terrace Apartments. Some of the key issues he noted was: 1) public coastal access; 2) that no public views from public parks and roads will be reduced; however, some private views will be reduced; and 3) the proposed height limit is 35 ft. for the project which means that a flat roof can be 35 feet high or in the case of a sloped roof, the-ridge of the roof could be 40 ft. to long as the average height of the pitched roof was no more than 35 ft. He stated that prior to approving a Planned Community District with a height limit in excess of the basic height limit, the Planning Commission and City Council are required to make specific findings, and in this particular case, the four findings are as follows: 1) The project would provide more public visual open space, 2) The project would provide more desirable architectural treatment, 3) There would be no abrupt scale relationships between the project and adjacent uses, and 4) There would be no more building floor area than allowed under the basic height limit. With respect to traffic and parking, Mr. Douglas reported that the expansion project would generate a total of 920 trips per day. Peak hour traffic would be 80 trips in the morning, and 30 in the afternoon. The Traffic Study also shows that a traffic signal will be required at the entrance to the Club, and that signal is currently in process. The expansion plan is consistent with the General Plan, and the Traffic Study includes assumptions that would be well within the range of the development that is proposed as part of this project. He discussed the Parking Study noting that a total of 465 parking spaces would be required whereas the project proposes 466 spaces. BBC employees will now be required to park on-site rather than having to park on Coast Highway. Volume 48 - Page 248 CITY OF NEWPORT REACO COUNCIL MEMBERS MINUTES ROLL C LL S July 25, 1994 INDEX Mr. Douglas pointed out with regard to Balboa Ba; the walls and fencing along Coast Club Highway, that the applicant has stated that the aesthetics of the project may actually be improved through the use of a landscaped solid wall or fence in some sections in order to screen mechanical equipment or buildings where no 'bay views would be obstructed, and therefore, requested t at the a licable section of the PP• nned pp District Regulations bu revised to read as set forth on Page 4 of the staff report. In addition, staff requests that the Council provide direction regarding the request submitted by Orange Coast College for use of property now occupied by the Bay Club. The staff foals that this issue can be addressed as part of the lease negotiations with the Bay Club. The City Manager advised that due to redevelopment of the subject property, but a total separate issue from what is being considered at this time, the Bay Club has requested an extension to their lease which currently expires the year 2011 in order to obtain adequate financing. He noted than an appraisal report'should be to the City Council in October as well as an economic analysis later in the year. Council Member Hart, Member of the Balboa Bay Club Ad-Hoc Committee, stated that even though the consultants have not completed their studies, it is the Committee's recommendation to proceed with the land use portion of this project; however, an additional Condition and Finding is being recommended as follows: "CONDITION: City Council approval of the Planned Community District Regulations and Development Plan for the BBC, and the approval of related amendments to Districting Maps No. 6 and 23, do riot create any express or implied obligation on the part of the City Council, or any member of the City Council, or Council appointee to approve, or support the approval of, any new, extended or amended lease for the property. "FINDING: The City Council finds that approval of the Planned Community District Regulations and Development Plan, as well as approval of the related amendments to Districting Maps No. 6 & 23 does not reflect any consideration of the economic feasibility of the proposed project based upon the current term of the lease between the City and the BBC and approval of the Development Plan and related districting map amendments do not, and should not, be construed as any express or implied commitment or obligation Volume 48 - Page 249 :'TY Or NE)MORT BEACH • COUNCIL MEMBERS MINUTES ROLL CRLL Fs o2� July 25, 1994 INDEX to consider or approve any new, Balboa Bay extended or amended lease relative Club to the property." Beverly Ray, owner of the Balboa Bay Club, briefed the Council on the Club's history; the types of events that have taken place at the Club; the proposed redevelopment plan and their request to extend the current lease. Dave Wooten, President, Balboa Bay Club, gave a slide presentation of the proposed Redevelopment Plan which included key plan elements, goals and benefits, summary of proposed improvements, modifications from the original plan, breakdown of additional square footage, artist renderings, aerial views, landscaping layout and general features, etc. He stated it is estimated the project will take two years to construct and it will be completed in two phases.. It is their hope to • commence construction within three to five years from now. The following persons addressed the Council in import of the proposed Redevelopment Plan: Mamie Van Doren, no address given Richard Iuehrs, President, Newport Harboi 'Area Chamber of Commerce Phil Maurer, former Mayor and Council Member of Newport Beach Robert Badham, former Assemblyman and Congressman Michael Farah, 1400 San Miguel Drive Pete Barrett, 855 Loma Circle, Costa Mesa Roger Osenbaugh, 725 Via Lido Nord Rob Bakken, Member, Newport Beach Conference & Visitors Bureau Claudette Mann, representing Newport Mesa Board of Realtors Jim Clough, 1201 Kings Board Charlie Brand, 406 Jasmine Avenue Barbara deBoom, 1743 Bayport Way Gil Foerster, 2436 W. Coast Highway Melanie Fitch, 1610 Kings Road Jim Peters, resident of Bayshores Donald Wynne, 25 Augusta Way Clark Graves, resident of Big Canyon Conrad Hampton, 2348 Cynthia Ct. , Costa Mesa John Sturgess, 601 Cliff Drive It was indicated by the above speakers that if the Redevelopment Plan is approved, it would provide the following: additional jobs, greater revenues to the City, improved coastal access for the community, greater setbacks from adjacent residential neighbors, increased public views, greater use by more people, revitalization of the City, increased property values for both the City and the Bay Club, and the entitlement would put the City in a much better bargaining position with negotiating the lease agreement. Volume 48 - Page 250 • 0 C I TY OF NTENORT BEACH COUNCIL MEMBERS MINUTES L CRLL July 25. 1994 INDEX Frank Eisendrath, 104 Kings Place., Balboa Bay addressed the Council regarding Club clarification of the proposed height limit of trees and structures on the site, to whi•,h Mr. Douglas responded. Ruth and C.J. Reynolds, 1301 Kings Road, addressed the Council and stated their view, as well as the view at 1311 Kings Road, will be impacted greatly as a result of the height of the Athletic building. They also urged that the Council carefully review the landscaping plans, especially the tall palm trees. Manizheh and Neria Yomtoubian, 1101 Kings Road, addressed the Council and stated they Just recently spent a great deal of money remodeling their home only to discover that now their view will be obstructed because of the height of the Athletic building, and as a result, they felt that their property value will decrease. Nearing no others wishing to address the Council, the public hearing was closed, The City Attorney reported that the Bay Club attorney understands the wording of the Condition and Finding suggested by Council Member Mart. on X Following discussion, motion was made by Council Member Hart to take the following actions: Adopt Resolution No. 94-73 Res 94-73 certifying Final EIR No. 152; AND a. Approve the findings contained in the Statement of Findings and Facts (Exhibit A of the Resolution) and find that the statements contained therein are true and are supported by substantial evidence in the record, including Final EIR 152; and b. Find that all feasible means to eliminate or substantially reduce the significant effects of the project have been incorporated as mitigation measures identified in the Final EIR; and C. Find that although the Final EIR identifies certain unavoidable significant cumulative environmental effects that will result if the project is approved , a,ll significant environmental effects that can feasibly be mitigated or avoided will be eliminated or substantially reduced to an acceptable level by the mitigation measures volume 48 - Page 251 WY OF NOYPORT BEACH 0 COUNCIL MEMBERS MINUTES BOLL CALL July 25, 1994 INDEX identified in the Final Balboa Ba} EIR, and that the remaining Club unavoidable significant cumulative effects, when balanced against the facts set forth in the Statement of Overriding Consider- ations (Exhibit B of the Resolution ) , are acceptable; and d. Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including Final EIR 152; and e. Find that Final EIR 152 and the certifying resolution reflect the independent judgement of the City Council and 'were considered prior to approval of the project; and f. Find that the mitigation monitoring "requirements of Public Resources Code "See,. i t.t..c. y 21081.6 (AB 3180 of 1988) will be, met ithrqugh( the } design tof 4 the prottect,. t ' required, compliance with City building, grading, and other codes and ordinances, and required compliance with the adopted mitigation measures, as described in the Mitigation Monitoring and Reporting Program contained in Exhibit C of the Resolution; and g. Find that considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR; AND Adopt Ordinance No. 94-36 Ord 94-36 approving Amendment No. 787 for the Balboa Bay Club Planned Community; AND Volume 48 - Page 252 CITY OF NINTOFT EEA( COUNCIL MEMBERS MINUTES 411 ROLL CALL July 25, 1994 INDEX Sustain the action of the Balboa Day Planning Commission in Club approving Use Permit No. 3524 and Traffic Study No. 1,00. Council Member Hart also included in her motion the following: 1. the additional Condition and Finding enumerated earlier in the minutes, and 2. that tree heights will not exceed 26. £t. in the view corridors and will be set back from the bay, 3. that no, landscaping be permitted on roof tops, 4. that the trees be no higher than roof heights, 5. that the condition regarding walls and fencing be modified to read: "Fencing within the front yard setback of Area 1 shall be predominantly an open design (e.g. wrought iron) so as to maintain public views of the marina and the bay from West Coast Highway. Landscaping shall be maintained so as to enhance public views. Solid walls or fences shall only be permitted in this area if it can be demonstrated that public views of the bayfront would not be obstructed," and 6. that the "alternate" public access plan that Would go along the entire bulkhead be approved, and that the request submitted by Orange Coast College for expansion of its sailing and, rowing facility not be included at this time. In view of the foregoing, the public hearing was rr,opeued in order for Mr. Wooten to respond. Mr. Wooten stated they could not accept the "alternate" public access plan for the reasons he has discussed With Council Member Hart on prior occasions. He pointed out that the proposed alternate plan would result in a serious security problem; it would be very difficult to police the area Volume AS - Page 253 00'Y OF NEUORT BEACH COUNCIL MEMBERS MINUTES July 25, 1994 IN➢EX OLL CRLL because it is relatively inaccessible Balboa Bay except for their on-site enforcement Club officers; they also feel there is a serious safety issue involved if the area in question is opened up, and finally, it would be an economic problem if residents were to vacate the Terrace Apartments or Marina because of the alternate public access plan. The public hearing was closed. Council Member Watt, Chairperson of the Environmental Quality Citizens Advisory Committee, commented that the Committee was concerned with three issues, i.e. , 1) Mitigation No. 12 regarding parking lot sweeping not less than once a month; 2) Mitigation No. 17 regarding noise as a result of construction hours, and 3) there was no mention about waste reduction and recycling in the plan. She indicated she hoped the Council would give these items further consideration at the appropriate time. Council Member Debay asked Council Member Hart if she would be agreeable to changing her motion so that the alternate public access plan can be addressed at the same time the lease is negotiated with the Bay Club. All Ayes There being no objections from Council Member Hart, the motion, as amended in the foregoing, was voted and carried. iXEMS REMOVED FROM THE CONSENT CALENDAR 12. Report from the Assistant City Manager Aviation recommending approval of proposed esolution amending Resolution No. 88- Cmte 1 6, adding a Homeowners' Association (24) Re esentative to the Aviation Co ttee. It was noted in the staff report that the cur nt membership of the Committee includes representatives from four homeowners associations - Dover Shores/Mari er's, Eastbluff, Balboa Island and ido Isle. At its last meeting, the mmittee recommended that representation extended to Corona del Mar. Residents rom Corona del Mar, particularly I ne Terrace, have complained that fl hts from John Wayne Airport stray over t it neighborhoods. Additionally, some re idents of Corona del Mar have voiced th r concern about the use of E1 Toro and a possibility of flights overflying Cor a del Mar. Yvonne Houssels, President, arbor View Homeowners Association, add ssed the Council and stated they would a reciate a representative from their are being appointed to the Aviation Comm ttee. She stated that she personally att ded the last two Committee meetings and. de this same request, and offered the na e of George Parker, a retired Marine pilo and professor of aviation. Volume 48 - Page 254 4 CITY OF NMORT BEA*, COUNCIL MEMBERS MINUTES �� ROLL CRLL s July 25, 1994 INDEX George Parker, resident of Corona del Mar, addressed that Council and stated he was in the Marine Corps for 19 years before retiring, flew at El Toro Marine bass for five years, and has taught aviation safety at USC for 30 years. He stated he is concerned about the airport at John Wayne just as much as the City, however, he disagrees with Ken 'Delino regarding the use and safety of Runway No. 7 at E1 Toro which he expanded on. He stated he felt the Aviation Committee needed someone serving on it that is concerned with aviation safety. Ralph Davis, resident of E1 Toro, addressed the Council and stated he is a former airline pilot, and that in his opinion, Runway No. 7 at E1 Toro is unsafe. Bruce Lloyd, 1826 Toyon Lane, addressed the Council and urged that the Aviation Committee not be expanded until such time as a determination has been made as to the use of E1 Toro Marine Base. Motion x Motion was made by Council Member Hart All Ayes to approve the recommended action and Res 94-67 adopt Resolution No. 94-67. 14. Report from the General Services Recycling Director recommending approval of Sery Fee proposed ' Resolution modifying a (40) Recycling Service Fee and rescinding Resolution No. 93-51. Motion x Council Member Sansone commented that he Ayes x x x x x x felt this item should not have been Noes x included with the Consent Calendar items inasmuch as it is an increase in a service fee. He stated, however, that he had no objection to the proposed fee, and therefore, moved approval of the recommended action and adoption of Res 94-69 Resolution No. 94-69. 15. Report from Director of Finance Tax/Rever recommending approval of proposed C40) Resolution authorizing and providing for the issuance and sale of 1994-95 Tax and Revenue Anticipation Notes. Motion x Council Member Hart expressed some of Ayes x x x x x x her concerns regarding this issue, and Noes x indicated she felt there could be potential risks involved; however, following clarification of the proposal by the City Manager, motion was made by Mayor Turner to approve the recommended Res 94-7C action and adopt Resolution No. 94-70. 16. Report from the Director of Finance Water recommending approval of proposed Revenue Resolution approving the forms of and Bond authorizing the execution of an indenture of trust, bond purchase (40) contract, notice iwriting bids and official statement relating to the issuance of the City's Water Revenue Bonds, Series 1994 and approving certain actions in connection therewith. Volume 48 - Page 255 COMMISSIONERS 00 • • MINUTES CITY OF NEWPORT BEACH May5, 1994 ROLL CALL INDEX A Traffic Study No 100 Public Hearing) item N6.4 Request to approve a traffic study for the proposed expansion of Ts100 the Balboa Bay Club; and the acceptance of an environmental' A787 document. ANC UP35Z4._ cont!d. • B. Amendment No 787 (Public Hearing) to 6/9/94 Request to reclassify property from the R-4 (Multiple-Family Residential) District to the PC (Planned Community) District and to approve a Planned Community Development Plan for the Balboa Bay Club. AND C. Use Permit No 3524 (Public Hearing) Request to permit the construction of buildings that exceed the basic 26 foot height limit on property located in the proposed 26/35 Foot Height Limitation District. LOCATION: A portion of Lot 171, Block 54, Irvine's Subdivision, located at 1221 West Coast Highway, on the southerly side of West Coast Highway, between Dover Drive and Tustin Av nue. ZONE: R-4 APPLICANT: Balboa Bay Club, Newport Beach OWNER: The City of Newport Beach James Hewicker, Planning Director, requested that this item be continued to the June 9, 1994, Planning Commission meeting. -9- S t.'OMMISSIONERS • MINUTES Oho 4�dLy�+S c� �ol��P �O�Poo CITY OF NEWPORT BEACH May 5 1994 ROLL CALL INDEX Motion Motion was made and voted on to continue Item No.4 to the June All Ayes 9, 1994, Planning Commission meeting. MOTION CARRIED. xzs Discussion Items: Discussion Items Am dment No. 785 No. 1 Reques o consider initiating an amendment to Title 20 of the Newport ach Municipal Code, so as to allow balconies within A �aa required fro yard setbacks on residential lots along East Ocean Not Front and Wes Ocean Front on the Balboa Peninsula and in West Initiated Newport. Commissioner Ridge requested a clarification of the proposed Amendment. James He 'cker, Planning Director, explained that because there are a numb of encroachments in the ocean front setbacks along the ocean fro letters were mailed to the property owners requesting the re\residentl of the encroachments. Subsequently, the City Counciled a study concerning the encroachments along East Ocnt and West Ocean Front inasmuch as the City had prdone a study concerning encroachments in the public o -of-way along the ocean front that extended beyond thnts lots onto the public beach. The setbacks that are ad in th ubject Amendment are located on private propertere are encroachments in the front yard setbacks betweennt of the ellings and the front property lines. In response to comments by ommissioner Ridgeway, Mr. Hewicker replied that many of the en oachments were constructed without the approval of the Mo 'fica_Ions Committee. Commissioner Ridgeway stated, and Mr. wicker agreed, that the purpose of the Amendment is that the is attempting to enforce the removal of certain balconies t at encroach onto public property but to permit such construction i the required front yard setbacks. -10- � ;; �XL � 00 Planning Commission RAng May S. 1994 Agenda Item No. 4 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A Traffic Study No 100 (Public Hearing) Request to approve a traffic study for the proposed expansion of the Balboa Bay Club; and the acceptance of an environmental document. AND B. Amendment No 787 (Public Hearing) Request to reclassify property from the R4 (Multiple-Family Residen- tial) District to the PC (Planned Community) District and to approve a Planned Community Development Plan for the Balboa Bay Club. AND C. Use Permit No 3524 (Public Hearing) Request to permit the construction of buildings that exceed the basic 26 foot height limit on property located in the proposed 26/35 Foot Height Limitation District. LOCATION: A portion of Lot 171, Block 54, Irvine's Subdivision, located at 1221 West Coast Highway, on the southerly side of West Coast Highway, between Dover Drive and Tustin Avenue. ZONE: R-4 APPLICANT: Balboa Bay Club, Newport Beach OWNER: The City of Newport Beach The applicant and staff request that this item be continued to the Planning Commission meeting of May 19 to allow time to analyze and prepare responses to late comments on the Draft EIR submitted by the California Coastal Commission. TO. • Planning Commission - 2. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By. Jo n�H. Do gas, AICP Principal Planner/Environmental Coordinator f.\-.\J0HN•D\B8C\P6RPT.1