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HomeMy WebLinkAbout300 DOVER DR_CASTAWAYS111111111111111111111111111111111111 lill III III *NEW FILE* 300 Dover Dr COMMISSIONERS ROLL CALL ..ovember 21, 1991 MINU1 t5 CITY OF NEWPORT BEACH 1ctoEx alignment to be dete when MacArthur If the bridge is not Boulevard is ed. with the MacArthur Boulevard widening co then the easement will be relinquished. Project, A Amendment No 743 (Continued public Hearin Items 6 Community District regulations and A743 — RPlanned equest to establish Planned Community Development Plan for Castaways TS80 adopt a Marina; and the acceptance of an environmental document. R972 AND Approves B. Traffic Stud No 80 (Continued Public Hearin Request to approve a traffic study so as to permit the construction with support parking and accessory facilities of a 125 slip marina Marina Planned Community. in the Castaways AND C. Resubdtvtsion No 972 ( ontin ed Public Hearin one parcel of land for marina development in Request to create the Castaways Marina Planned Community. I)DCATION: A portion of Lot 1, Tract No.1125, located at the northeasterly corner 300 Dover Drive, on of Dover Drive and West Coast Highway on the Castaways property. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant -33- 3t COMMISSIONERS ,,ovember 21, 1991 MINUTES -)LL CALL CITY OF NEWPORT BEACH 3NGINEER/ ;URVEYOR: Dulin and Boynton Surveyors, Signal Hill ion Webb, City Engineer, recommended that Mitigation Measure Vo. 70 be added to Environmental Impact Report No. 138, The mitigation measure would require the marina to conform with proposed harbor lines that are in agreement with the County and the City. The County is in the process of changing harbor lines that would provide for a substantially different type of bay development. The applicant has agreed to conform with the revised lines. Commissioner Glover addressed the draft EIR concerning the crib wall, and a traffic signal at the intersection at Dover Drive and Cliff Drive. Mr. Webb explained that the existing slope would be required to move back and The Irvine Company proposed to use a crib wall with the idea that the wall could allow more planting than an average solid face wall. The City is interested in a wall that would provide landscaping vines, etc. to cover up and reduce the impact of the wall. Mr. Webb further explained that a traffic signal at the intersection of Dover Drive and Cliff Drive has been warranted since 1971, and there have been two fatalities at the intersection during the past two years that could have been prevented if a traffic signal had been installed at the intersection. In response to questions posed by Commissioner Glover regarding the intersection, Mr. Webb replied that he did not foresee a backup of traffic on to West Coast Highway if a traffic signal would be installed at the intersection, and it would provide an opening for traffic to and from Cliff Drive. The proposed installation of crosswalks on Dover Drive would provide access to the Castaways area, and the signals would provide sufficient time to allow individuals time to cross the street. runissioner Edwards addressed the comments in the staff report arding the appropriateness for the Planning Commission to sider the environmental impact in the evaluation of the project. Patricia Temple, Advance Planning Manager, responded that malty marina projects do not come before the Planning mmission inasmuch as the marinas do not occur in areas that are ied or subject to Title 20. A portion of the subject marina is to created out of the uplands which is zoned Planned Community -34- INDEX 3� `/ S116vember 21, 1991 MINUTES COMMISSIONERS J ;OLL CALL CITY OF NEWPORT BEACH KDEX (p-C), and, therefore, this project is subject to a zoning action. The Environmental Impact Report identities impacts of the project and it is 100 percent appropriate for the Planning Commission to consider the impacts of the project as the Commission considers the appropriateness of the land use and the requested zoning the testimony during the public hearing Y addressappropriateness of the design or size of wetlands, or habitat mitigation, and the mitigation measures are written so that the not project must receive all of the appropriate permits. Planning is in a position to judge the merits of a habitat mitigation program, and it is up to the resource agencies and all of the related agencies to determine and approve the dredging permit and a mitigation plan to decide whether the proposed plan is adequate. In response to a question posed by Commissioner Debay, Ms. Temple explained that the Planning Commission's decision is no less compelling than the other agencies inasmuch as the Commission will make a decision regarding the appropriateness of the marina on the site. The General Plan allows a 40,000 square foot entitlement that permits retail, visitor serving, marine -type commercial, and restaurants uses. In response to a question posed by Commissioner Edwards regarding the size of the proposed marina, Tony Melum, City Tidelands Administrator, appeared before the Planning Commission. Mr. Melum explained that the 121 slips proposed at the horseshoe shaped marina could be compared to the existing Balboa Yacht Basin that consists of 171 slips. In response to questions posed by Commissioner Glover, MsTemp. xisted at he subjmarina and a mobile ect location priortotheconstructionruction of the Coast Highway bridge. The public hearing was opened in connection with this item, and Mr. Edward Powers, President of California Recreation Company and Project Manager for the proposed Castaways Marina, appeared before the Planning Commission on behalf of the applicant. Powers presented a brief history of the subject property that lincluded a marina consisting of 67 small slips, and a mobile home -35- 4U COMMISSIONERS TOLL CALL ,,vember 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX park, and the eventual removal of the mobile home park and the lestruction of the marina so as to construct the Coast Highway 3ridge. Mr. Power explained that Tideland Fees have beenpaid ince 1981 despite the fact that no marina existed on the rope .n response to a question posed by Chairman Di Sano, Mr. Power :oncurred with the findings and conditions in Exhibit "A". Mr. Jerry King, J. A. King and Associates, appeared before the Planning Commission on behalf of the Castaways Marina. Mr. King addressed the project and previous uses that existed on the property. The proposed project will consist of a floating pile support and a land base facility designed and tested for hazards that could occur to the -marina. The construction consists of a wooden structure and concrete pile, and wooden pier sections are desired as opposed to the concrete sections because flexibility is necessary during periodic storm flow through the Bay. The proposed facility would include restroorns and showers; trash and storage containers for the boaters and users; a utility area; on -site hydrants to address fire emergencies that could occur in the marina; and a sanitary pump out station that is consistent with the City's plan to require pump outs throughout the bay area. Retail uses that would be allowed on the site have been relinquished. A public viewing area and public access to the beach running along the upper Castaways site and 106 parking spaces will be provided adjacent to Dover Drive. The protected bike trail and the walkway would proceed under the bridge. The draft E1R consists of a study of 125 slips, and because of concerns, including the halibut area, the applicant proposes to reduce the marina size. The walkway will provide for approximately 60± slips and the marina basin will also provide for 60± slips that will be developed by dredging materials. The slips will accommodate 35 foot to 45 foot boats. Mr. King explained that the marina construction will occur in three phases: the first phase will replace the old bulkhead, the second phase will consist of the dredging activity of approximately 67,000 cubic yards of material, and the third phase will consist of the construction of the marina. He said that the plans of the proposed marina have been reviewed by several homeowner associations ineated in the surrounding neighborhoods, and by professional -36- q1 ...vember 21, 1991 MINUTES COMMISSIONERS LOLL CALL CITY OF NEWPORT BEACH ,rganizations. The concerns that were expressed by the iomeowners associations have been addressed and agreed to by the Lpplicant. Ar. King stated that the grading and dredging activities that will zke place in the marina will meet with the required permits, and be approved plans will be prepared by a licensed Civil Engineer. The loss of the mudflat area in the project area Co lla mitEngineer at a replacement ratio of 1.5 to 1, in an Army Corps approved.site, and the same mitigation Engineer at ato the s1b tidal halibut nursery in an Army Corps to 1 replacement factor. Mr. Randy Mason, Cash and Associates, Engineering, t the 7Planning Avenue, Huntington Beach, app Commission, and he described the proposed plan for the marina. He explained that a new bulkhead is proposed in the back lands and excavation is proposed to create water space for the marina. At the 'toe' of the bluffs is an adjudicated line of ordinary high tide, indicating that everything on the water side of the line is County jurisdiction, and the land side of the line is City jurisdiction. He addressed the center divider on Dover Drive that would only allow a right turn into and out of the site. The temporary haul road for the 125 slip marina is for the dredging activities that would on occur on the site. The material would be dredged and haul road to dried site, and removed by truck via the temporary parking, Street. Mr. Mason addressed the restroom facilities, p g, landscape areas, access to the water space and bulkheads, and the sidewalks along the bulkhead wall. The wooden pier structure would provide public access; however, the public would not have access to the boats and slips. Mr. Mason addressed the environmental concerns of several agencies regarding the halibut habitat and the mudflats. He explained that to mitigate said concerns was to reduce the number of boat slips by 3 to 121 slips and to rotate the end of the marina to reduce impacts to certain habitat areas. The amount of dredging material that was originally going to be dredged was eliminated, and the bottom elevation of the basin was raised slightly to make a smoother transition with the existing mud line in the channel. As -37- INDEX -- 0. COMMISSIONERS t,,,vember21, 1991 MINUTES )LL CALL CITY OF NEWPORT BEACH L result of the foregoing, the impact of the young -of -year halibut vas reduced by 25 percent, the mudflats that were going to be lredged has been reduced by 50 percent, and additional water ;pace has been created in the bay. The intersection at Dover Drive and Cliff Drive will be signalized and will provide an access to the marina site. In response to a question posed by Commissioner Debay regarding access ramps, Mr. Mason replied that there are existing facilities in the Back Bay that are equipped to provide access ramps for small boats. The limited space on the proposed site does not allow an area for access ramps because of the lack of parking facilities, and no area is provided for staging trailers and vehicles. In response to questions posed by Commissioner Glover, Mr. Mason replied there would not be a stacking of boats, and there is Inot a facility that would allow the boats to be removed from the response to a question posed by Commissioner Pomeroy arding the comparison of slip size with other marinas in the bor, Mr. Mason explained that the slip widths that range from rroximately 14 feet to 17 feet wide are based on power boat art widths and are the widest widths that are recommended by State. Mr. Melum explained that the Balboa Yacht Basin rina was designed in conjunction with specifications provided by State Boating and Waterways wherein he explained the xentage of 170 slips that range from 31 feet long and 13 foot am, 35 feet long and 13 foot beam, and 40 feet long and 14 to foot beam. Commissioner Pomeroy, Mr. Mason, and Mr. Melum ;cussed the size of the proposed marina with the size of the ,lboa Yacht Basin marina. response to a question posed by Chairman Di Sano, Mr. Power appeared before the Planning Commission wherein he replied at a boat would not be permitted if it is larger than the fairway. response to Commissioner Pomeroy's foregoing concerns, Mr. )wer explained that the marina's design considers the future size 'boats. INOEX q-6 COMMISSIONERS ROLL CALL LQovember 21, 1991 MINUTES CITY OF NEWPORT BEACH -INDEX in response to a question posed by Commissioner Edwards, Mr. Power explained that the Balboa Marina located adjacent to the wo Reuben restaurants has 132 boat slips ranging from 27 feet to 55 feet and are not as wide as the proposed slips. Mr. Allen Beek, 2007 Highland Avenue, appeared before the Planning Commission. Mr. Beek presented a brief history of when his father developed the Balboa Yacht Basin marina. He supported the subject property reverting to a marina, and the resubdivision. He opposed the rezoning to a Planned Community, inasmuch as he would have preferred Commercial zoning for tighter control. He opposed a road on the upper Castaways site inasmuch as it is an attractive and historical site and should not be disturbed, the proposed haul route, and the intersection at Dover Drive and Cliff Drive. The proposed marina is a better use for the site than a restaurant inasmuch as it has low intensity uses. The EIR is inadequate inasmuch as it does not address the flood danger and the tidal flow. The pierhead line should be parallel to the shore of Bayshores, except it should touch the furthermost point of the adjudicated line that is the narrowest part of the channel. In response to a question posed by Commissioner Edwards, Mr. Webb described the existing 100 foot wide navigational channel from the diagram on display, and consideration of a 200 foot wide navigational channel by the County and City. The proposed marina would consist of a pierhead line set back from the navigational channel of 20 feet, and at the area beyond the proposed marina, the pierhead line would be where the beach exists. The bulkhead line follows the line that The Irvine Company is proposing. In response to a question posed by Commissioner Glover, Mr. Webb explained that the proposed intersection at Dover Drive and Cliff Drive would be constructed for safety purposes, and to eliminate u-turns on 16th Street and the entrance to the Bayshores area. response to a question posed by Commissioner Pomeroy, Mr. ebb explained that the concerns regarding the 17,000 cubic feet • second flood flow that would come into the Upper Back Bay -39- t4 4 COMMISSIONERS ,,ovember 21, 1991 MINUTES ,10LL CALL CITY OF NEWPORT BEACH tNoEx does not flow at a rapid speed for a very long period of time inasmuch as the water would spread out In the Upper Bay. Mr. Gage of the Orange County Sheriffs Department on Bayside Drive appeared before the Planning Commission, and he addressed the previous marina that was not disturbed during the flood of 1969. Mr. Karl Hufbauer, 20241 Bayview Avenue, appeared before the Planning Commission on behalf of SPON (Stop Polluting Our Newport). Mr. Hufbower stated that SPON opposes any marina at the lower Castaways inasmuch as the construction of the marina would have an adverse impact on the Upper Bay's environment. He said that SPON is not persuaded by the EIR or City staffs evaluation that the Castaways marina would not seriously stress the Upper Newport Bay Ecological Reserve by increasing air and water pollution and by reducing tidal flows, that it would not result in a reversible decrease in the Upper Bay's ability to serve as a nursery for halibut and other species, and it would significantly diminish the length and quality of the fishing beach at the Upper Castaways. If the proposed marina is approved, SPON requests the following amendments, Exhibit "A", Environmental Impact Report No. 138, Findings: No. 2 be amended to delete all and state That many otendal significant environmental effects which could result from the roject have been identified and analyzed in the EIR No. 3 be amended to state .,.incorporated into the project which might reduce potentially significant environmental effects......, and delete hat the only remaining environmental effects are significant only on cumulative basis. Mr. Hufbower recommended the foregoing amendments inasmuch as staff stated that they did not have the technical expertise to advise the Commission or to make other judgements on the adequacy of the proposed mitigation concept. He said that if they do not have that expertise, then they do not have the expertise to advise the Commission on what occurs underneath the water. The amendments would avoid the Commission from certifying facts that they did not have technical advise, or to give an unqualified certification to the EIR inasmuch as the applicant intends to submit the certified EIR as reporting information to subsequent reviewing bodies. -40- 1 q j COMMISSIONERS ROLL CALL ..ovember 21, 1991 MINUTES CITY OF NEWPORT BEACH 1NOEX dr. Dick Demmer, 2812 Cliff Drive, appeared before the Planning ,ommission in support of the proposed marina. He expressed his :oncern regarding the finger of the marina into the sensitive habitat )f the mud lands and the sub -tidal areas, and the habitat that esides below the water. He expressed concerns regarding the EIR and the mitigation procedures wherein it states that the applicant aas an agreement with the State Fish and Game as to mitigation, and the letter from the State Fish and Game dated October 15, 1991, states that there is no agreement only discussions. State Fish and Game states that any removal of habitat is significant even if there is mitigation. Mr. Demmer referred to the various agencies that would be addressing the proposed project subsequent to the Planning Commission's public hearing. He stated that he did not know if mitigation would work in the Upper Bay, and if it does not work what do we do - does the Upper Newport Bay become a mitigation bank for the marina project. A smaller marina would be desirable; however, he stated that the applicant would desire a larger marina because it is economically more prudent and feasible. In response to a question posed by Commissioner so ay,lonMr. Demmer stated that he would approve any project as development does not extend into the habitat area. Mr. Frank Robinson, 1007 Nottingham Road, appeared before the Planning Commission on behalf of the Friends of Newport Bay. Mr. Robinson stated that the EIR does not state that in 1975 the use of the trust lands was modified to allow olreserves, scientific study, ecology, education, pleasure and enjoyment, as reasonable uses. He addressed the frontage across Upper Newport Bay and the extension of the long finger, and he stated that the entire slope along the beach up to the top of the bluffs is classified as Open Space, and he questioned if The Irvine Company could use the land without a change in the General Plan. Mr. Robinson addressed the applicant's request to move their property into the middle of the channel, the City's standard policy to allow an upland property owner one pier in front of the property between property lines, and the idea of keeping the land open for perhaps the present or future property owners. The Fish and Wildlife Service stad that they would oppose everything in the Upperay in terms a marina, that they would notendorse any marinas n of the Upper -41- N6 ' �40vember 21, 1991 MINUTES COMMISSIONERS ROLL CALL CITY OF NEWPORT BEACH INOEx Bay, and they would not endorse any dredging program in terms of mitigation that would allow the land to be used for mitigation purposes on private projects. He said that he could not locate a source that the proposed bulkhead line has been approved by the U. S. Government, and he described what would be required to remove the bulkhead line. Mr. Robinson addressed the complications regarding velocity. in response to questions posed by Commissioner Edwards, Mr. Robinson stated that he is not totally opposed to the marina, as long as the marina is developed totally out of the Upper Bay. The Irvine Company has a reasonable use of the property, a marina was previously developed on the property and the proposed marina is an expansion of the previous use, and the marina fits the policy of the City. Mr. Robinson replied that he opposes the marina's finger extension into the channel and he expressed his concern that a conservative point -of -view be maintained regarding the habitat in the bay. Mr. Stephen Sutherland, 2429 West Coast Highway, appeared before the Planning Commission, and he addressed the feasibility of flood damage based on previous tidal flow. Ms. Karen Evarts appeared before the Planning Commission. She addressed the difficult traffic flow that could occur at the intersection of Dover Drive and Cliff Drive, and the lack of park land in the City. Ms. Evarts stated that her vision of the City is 'enough is enough', that there are 10,000 boat slips elsewhere in the Harbor, and she questioned if the proposed marina is the proper place for additional slips based on previous testimony. The proposed property could be considered as a compliment to the Upper Castaways property, and she requested that the Planning Commission delay action until a use has been determined for Upper Castaways. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. VanderSloot addressed his concerns regarding the Upper Castaways property and the proposed temporary haul road. He indicated that a portion of the Upper rmoaways would be covered by products of the grading, and part -42- 1 q-? COMMISSIONERS J 2OLL CALL ,.ovember 21, 1991 MINUTES CITY OF NEWPORT BEACH of the bluff towards Dover Drive is proposed to be cut away in favor of a retaining wall and an access road. He suggested that Exhibit "A", EIR No.138, Mitigation Measures No.19, No. 20, No. 21, No. 45, and No. 46 and Resubdivision No. 972, Condition No. 25 be deleted inasmuch as the mitigation measures and condition refer to the proposed haul road. Dr. VanderSloot expressed concerns regarding the proposed traffic signal at Dover Castaways and Cliff Drive on the basis that part of the 'nose' of Upper would be cut away and he questioned if The Irvine Company would dedicate more open space on the Upper Castaways to make up for the loss of acreage. He said that a coastal bluff exists on the 'nose! of the Upper Castaways facing Dover Drive and the City should preserve said bluff as a part of the Coastal Bluff Ordinance. In reference to the Circulation and Open Space Agreement, The Irvine Company proposed to dedicate space on UpperY so as to widen Dover Drive, and he recommended that if the access road would be developed at the traffic signal that it preclude the widening of Dover Drive inasmuch as the road widening would remove the cattail marsh adjacent to Dover Drive. Dr. VanderSloot recommended that the Planning Commission consider the City's wetlands. He supported the resource agencies that the finger of the, marina not be allowedendation recooto alland w only the marina thatxcavates out at the lower part oaf the sponse to a question posed by Commissioner Debay, Ms. ,le replied that the City was not directly informed that the ping resource agencies recommended that the finger of the is not be allowed. The Department of Fish and Wildlife fitted a general statement regarding the advisability of the ct indicating there was not time to review the EIR. She stated if ,the habitat impact issue is critical, the dredging of the na basin has greater habitat impacts than the finger of the na; however, the finger places the slips in closer proximity to -r Newport Bay. e Planning Commssion recessed at 11:25 p.m. and reconvened 11:30 p.m. INDEX -43- 10 COMMISSIONERS OLL CALL ..ovember 21, 1991 MINUTES CITY OF NEWPORT BEACH INOEx dr. Angus Richardson, 20122 Riverside Drive, Santa Ana, pppared before the Planning Commission in support of the iroposed marina; however, he expressed a concern with respect to he marina's finger into the Bay. Kr. John Curcio 5 Beacon Bay, appeared before the Planning ^ommission on behalf of the Curti -Turner Company, operators of Lido Yacht Anchorage and Lido Peninsula Marine Center. He addressed the boaters' needs in Newport Harbor wherein he explained that in actuality there are approximately 39600 slips. There is a demand for boat slips and the proposed length of the boat slips meets the demand. Mr. David Nu, President of Basin Marine, appeared before the Planning Commission in support of the marina. He addressed the need for additional wider and longer boat could meet the demand Slips in the Harbor. The Irvine Company is a strong company that without problems to the community. Mr. Rick Ware, 17612 Steel Harbor Lane, Huntington on behalf of Biologist, appeared before the PlanningCommission the applicant. Mr. Ware explained that the dredging of the Castaways Marina project is intended to deepen the areas to allow boats in the slips, and in the process, the tidal habitat and mudflats. Dredging projects tend to have temporary impacts and fish tend to move out of the area during construction; however, when the dredging process is completed the habitat re -colonize quickly. Mr. Ware addressed the halibut nursery habitats wherein he explained that the fishes are from 1 inch long to about 8 inches maximum in the bay; however, as the halibut become older they tend to move out of the shallow habitat of about 3 feet deep into the main channels. He described the method that is proposed to mitigate the halibut nursery and to restore Shellmaker Island with the concurrence of California Fish and Game. He said that the intent is to take the upland habitat that is in a relatively non -productive area and return the habitat for halibut and mudflat habitat for the shore birds. Mr. Ware discussed the numerous resource agencies that the applicant has met with since January, 1991, and said agencies have determined that Shellmaker Island is an acceptable -44- qq COMMISSIONERS .4ovember 21, 1991 MINUTES ROLL CALL CITY OF NEWPORT BEACH INDEX ;ite to mitigate inasmuch as it enhances the production of fishes in i sub -tidal habitat, and the mudflat shore birds. In response to questions posed by Commissioner Edwards, Mr. Ware explained that two temporary impacts are the immediate dredging impacts, and when dredging ceases there will be a change in the depth contours. Mr. Ware explained that the long-term impacts would be if the marina tenants do not adhere to policies set up by the Governmental agencies and would release on and diesel fuel into the water. Sea birds forge throughout the lower bay and he discussed the nesting area for the tern, and he said that there is no indication that the project will have an impact on the forging activity or a reduction of food from the presence of the dock. He explained that the tern and brown pelican would move away from the area, but the forging activity will not be impacted or the success of taking fish, and it will not affect the reproduction of the tern. In response to questions posed by Commissioner Debay, Mr. Ware explained that the halibut are distributed from the ocean throughout the Upper Newport Bay to the Jamboree Bridge. Mr. Ware further explained that the dredging that occurred over the past few years had a lasting beneficial impact inasmuch as there is better flushing and the diversity of fishes is greater. Mr. King reappeared before the Planning Commission in response to comments during the public hearing. He explained that Shellmaker Island was developed on a mudflat for commercial use and the proposal is to restore the area to a mudflat. Mr. King addressed the dredging that consistently occurs throughout Newport Harbor and the Upper Bay; the revenues from County Tidelands fees that benefit water -oriented projects; the County of Orange adheres to Ordinance 2200, approved in 1968, and accepts the pierhead and bulkhead lines as the official lines for the County and, for the bay; the proposed channel would guarantee a permanent 200 foot wide channel with a 20 foot wide setback that would be available for water oriented uses; the tidal flow and construction of the pier in the channel; the crib wall that would prevent erosion and would allow an opportunity for developing a landscaped slope; and a beach would be available to the public. -45- 1 � J COMMISSIONERS 4ovember21, 1991 MINUTES ROLL CALL Motion CITY OF NEWPORT BEACH WDEX there being no others desiring to appear and be heard, the public iearing was closed at this time. Commissioner Glover considered the proposed marina 10 years into the future, and she assumed that the City would have floated a bond and purchased the Upper Castaways and/or it would be developed and a portion of the area would have been given as open space by The Irvine Company. The additional slips would impede the public's ability to use the Upper Castaways in the future inasmuch as it would have an impact on the view of the channel. Motion was made to approve the 84 boat slips alternative, Environmental Impact Report No. 138, Amendment No. 743 (Resolution No.1278), Traffic Study No. 80, and Resubdivision No. 972, subject to the findings and conditions in Exhibit "A". To approve 84 boat slips, it would be necessary to amend the Planned Community text to reflect the 84 boat option, and to amend mitigation measures that refer to 121 slips; add EIR No. 138, Mitigation Measure No. 70, as proposed by Mr. Webb regarding the request to revise the marina slip design to conform with the proposed County revision to the harbor lines northerly of the Coast Highway bridge; delete EIR No. 138 Mitigation Measures 19, 20, 21, 45, and 46, and Resubdivision No. 972, Condition No. 25, relating to the haul route. Commissioner Pomeroy referred to the previous marina that was located on the site, and the adjacent marinas. The population increase in Orange County exceeded the ability to use boating facilities during the past 10 years, and the proposed marina is an appropriate use for the site. The EIR allows mitigation measures greater than the loss within the area. He did not oppose the request to develop 121 boat slips; however, he supported the compactness of a 84 boat slip marina inasmuch as it et intothe bay and it would be would t more attractive ve alternative forthe imissioner Edwards supported the concept of the marina in the ; however, he expressed his concern with respect to the finger extends into the channel, and he indicated that the 84 boat slip Id eliminate that concern. He stated that the short term acts would be far less damaging than the long term impacts on -46- 0 COMMISSIONERS November 21, 1991 MINUTES ROLL CALL substitute Motion CITY OF NEWPORT BEACH _ INDEX _ :he basis that the reports indicate that the magnitude of long term 3perational impacts from the 84 alternative boat slip on water quality, traffic, harbor, circulation, air quality, noise, public services, and utilities would be substantially less than the proposed project Df 121 boat slips. Commissioner Merrill expressed his concern regarding taking away property rights wherein he supported the request to develop 121 boat slips. He explained that subsequent hearings will determine the potential damage to the bay, ecology, etc. Commissioner Debay compared the impacts of 84 boats slips and 121 boat slips, and she indicated that the marina would be a low intensity land use. She supported the 121 boat slips inasmuch as it is feasible the subsequent agencies would reduce the project to 84 slips if it was determined that habitat impacts would be reduced. Chairman Di Sano supported 121 boat slips wherein he stated that the land use would be appropriate use to develop a marina. He stated that the Planning Commission does not have the resources to review every one of the potential species that may be damaged permanently or temporarily. He addressed the foregoing testimony regarding concerns of the habitat in Upper Newport Bay, and he indicated that the lower bay provides an opportunity for the public to enjoy Newport Bay to the ocean. Chairman Di Sano stated that if the Commission approved the marina to 84 boat slips that subsequent hearings could reduce the marina to fewer boat slips, and on that basis he approved the 121 boat slips. ;titute motion was made to approve 121 boat slips, ironmental Impact Report No.138, adding Mitigation Measure 70, deleting Nos. 19, 20, 21, 45 and 46; Amendment No. 743 solution No. 1278); Traffic Study No. 80; Resubdivision No. deleting Condition No. 25. mmissioner Pomeroy stated that in principle he does not object 121 slips, and on the basis that subsequent agencies will reduce o number of slips, he supported the substitute motion. -47- rev COMMISSIONERS November 21, 1991 MINUTES RQLL CALL Ayes Noes Absent CITY OF NEWPORT BEACH Commissioner Edwards indicated that the Planning Commission is starting out with the concept that it is assumed that the project would be reduced, and he stated that the basis is not good planning. k Substitute motion was voted on as stated. SUBSTITUTE MOTION CARRIED. 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 all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance except in the areas of construction noise and marine biological resources, and that the only remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. That in order to reduce the environmental effects as much as possible, the two design alternates identified as environmentally superior have been adopted in lieu of the proposed project. These two alternatives will alter the design of the project to reduce the number of marina slips to 121 in order to minimize impacts to halibut "young of the year" habitat, and to align the site access point to a signalized intersection at Cliff Drive. -48- INDEX 63 COMMISSIONERS ROLL CALL November21, 1991 MINUTES PORT BEACH INDEX =copyshallarded to the California Environmental Protection Agency/Regional Water Quality Control Board, Santa Ana Region. 7. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the 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 shall be furnished to the Building Department prior to issuance of building permits. 8. Existing onsite drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for onsite improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording of the tract map. Any to the existing storm drain system shall be the modifications responsibility of the developer. 9. No vessel discharges are allowed within Newport Bay. 10. A landscape plan, prepared by a licensed landscape architect, shall be submitted for approval by the directors of Planning and Parks, Beaches, and Recreation, which includes a maintenance program that controls the use of fertilizers and pesticides. 11. Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over -watering. 12. Prior to issuance of a grading permit, a landscape and irrigation plan for both project sites shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department and the Parks, Beaches, and Recreation Department, and shall place emphasis on the use of drought -resistant native vegetation -so- ts I MINUTES COMMISSIONERS November 21, 1991 ROLL CALL CITY OF NEWPORT BEACH INDEX That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. `fitie^tion tuleasure_�: ding permit, signage and exterior 1 fighting 8g htinshall beapprovedPrior to issuance of a lby the Planning and Public Works 8 departments. 2. Prior to issuance of a grading permit, a landscape and irrigation plan shall be prepared by a licensed landscape architect. This plan shall be approved by the directors of the Planning, Public Works and Parks, Beaches and Recreation departments. Prior to 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. 3. Development of the site shall be subject to a grading permit to be approved by the Building and Planning departments. The application for a grading permit is to be accompanied by the grading plan and specifications, and supporting data consisting of soil engineering and engineering geology reports or other reports required by the building official. 4. Grading operations and drainage requirements shall meet the standards set forth in the City's Building Code (Appendix Chapter 70 - Excavation and Grading, Sections 7001-7019) and the Building Department's General Grading Specifications. 5. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize impacts of haul operations. 6. An erosion, siltation, and dust control plan shall be submitted and be subject to the approval of the Building Department (prior to approval of the grading permit). A -49- 0 COMMISSIONERS November 21, 1991 MINUTES ROLL CALL CITY OF NEWPORT BEACH INOEX and be irrigated via a system designed to avoid surface runoff and over -watering. L3. A qualified archaeologist shall be present during pre -grade meetings to inform the developer and grading contractor of the results of any archaeological surveys and studies completed. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. 13. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of the subject property until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the responsibility of the landowner and/or developer. 14. A ,paleontological monitor shall be retained by the landowner and/or developer to attend pre -grade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. 15. Prior to issuance of any grading permits, the applicant shall waive the provisions of Assembly Bill 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 16. Construction activities shall be conducted in accordance with the City of Newport Beach noise ordinance which limits construction to the following hours and days. • Between the hours of 7:00 a.m. and 6:30 p.m. on any weekday • Between the hours of 8:00 a.m. and 6:00 p.m. -51- lo COMMISSIONERS ROLL CALL November 21, 1991 MINUTES CITY OF NEWPORT BEACH on Saturdays • Prohibited on Sundays and holidays 17. The following Fire Department standards/requirements shall be complied with prior to issuance of an occupancy permit. A. Site Access 1. Minimum Width Required a. 26 feet —no parking allowed b. 26 feet + car width -- parking one side (parallel) C. 26 feet + 2 car widths — parking two sides (parallel) 2. Turning Radius a. Cul-de-sac Minimum 40-foot radius Minimum 42-foot radius if center is planted b. Corners Minimum 15-foot radius 3. Height Clearance a. Minimum overhead--13 feet 6 inches b. Building eaves, trees, etc., are prohibited 4. Roadway Width with Access Control (Knox Key Controlled) a. 13 feet clear on each side of control apparatus or island upon which it is mounted, whichever requires the greatest width -52- INDEX 61 i COMMISSIONERS November 21, 1991 ROLL CALL CITY OF NEWPORT BEACH B. Hydrant Locations 1. A minimum of two onsite hydrants will be required at locations to be specified on site plans (basically at or near the cul-de-sac turnaround areas) C. Marine Fire Protection 1. Standpipe and hose cabinet requirement a. Pier or floats under 500 feet in length Class II standpipe with hose cabinets arranged to provide protection to any portions of floats or floating vessels b. Pier or floats over 500 feet in length Class III standpipe with 2-1/2-inch hose outlets for fire department use and hose cabinets arranged so that all portions of floats and floating vessels are protected 2. Required Water Supplies a. Class II standpipe 100 GPM at a residual pressure of 65 P.S.I. at the most remote cabinet b. Class III standpipe Same as Class II except that supply piping must be able to -deliver 500 gpm to the 2-1/2-inch hose valves MINUTES INDEX COMMISSIONERS ROLL CALL November 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX 3. Extinguishers a. One 2A 20 BC located in each hose cabinet 4. Transmittal of Fire Emergency a, A means of rapidly notifying the fire department in the event of an emergency (telephones used for this purpose shall not require the use of a coin) 18. In the event that hazardous materials/wastes are encountered during development of the site, these materials/wastes shall be handled and disposed of in accordance with all applicable federal, state, and local regulations. p. Deleted. 20. Deleted. 21. Deleted. The project applicant shall clean debris from the marina basin and boat slips as part of a regular maintenance program to be reviewed and approved by the City of Newport Beach. To maintain project depths within the boat basin, dredging of the sand bar that may form at the entrance of the marina basin shall be conducted by the applicant in accordance with an approved dredging permit from the City of Newport Beach and ACOE. To minimize tidal flow interference, the basin design shall use adequately spaced plastic pontoons to support the docks within the channel. -54- 61 COMMISSIONERS November 21, 1991 MINUTES ROLL CALL CITY OF NEWPORT BEACH INOEX 15. To reduce the extent and effects of increased turbidity, the applicant shall require the'dredging contractor to use filter curtains around dredging operations, when feasible. Z6. When feasible, the dump scow shall be loaded only during ebb tide conditions so suspended material will be flushed seaward and not into Upper Newport Bay. 27. Prior to, and upon the completion of, the dredging operation, soundings shall be taken at each barge marshalling area and the data supplied to the City of Newport Beach Public Works Department to ascertain the need for dredging to return the area to predredging conditions. Such dredging will be the responsibility of the project applicant. 28. Prior to the issuance of a grading permit, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits or clearances have been obtained from the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Coast Guard, and Regional Water Quality Control Board. 29. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 30. Suspended soils (e.g., sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the City of Newport Beach Director of Public Works Department and the Grading Engineer. 31. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. 32. Prior to demolition of existing bulkhead structure, a complete plan for litter and debris control for the -55- b0 COMMISSIONERS lovember 21, 1991 m'"u 1 " 3OLL CALL CITY OF NEWPORT BEACH demolition, grading, and construction phases to ensure debris is not permitted to enter Newport Bay shall be approved by the Directors of the Planning and Marine departments. 33. Water extracted from dewatering wells and drained from bay materials shall meet current U.S. Environmental Protection Agency requirements prior to discharging into the bay. If necessary, the water shall be desilted prior to discharge. 34. The dredging contractor shall conduct dredging activities in accordance with the approved dredging permit from the U.S. Army Corps of Engineers. 35. For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, antifouling paint use, and refuse management (including handling of hazardous wastes) as a part of lease materials. 36. For the life of the project, the project applicant shall provide each marina tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials. 37. The applicant shall provide for periodic maintenance of the sanitary pumpout station to ensure its continuous operation, 38. The applicant shall provide regular cleaning of the marina docks and vacuum sweeping of the parking lot. 39. The dredging contractor shall be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to disturb sensitive biological habitats and resources in the vicinity of Bayside Marsh Peninsula. -56- INDEX 0 COMMISSIONERS I:?OLL CALL November 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX 40. In accordance with ACOE requirements, the loss of 0.69 acre of mudflat habitat shall be mitigated by the in -kind replacement of mudflat habitat at a replacement ratio of 1.5:1 and at an ACOE-approved site, preferably in Upper Newport Bay. This habitat shall be replaced prior to any project -related dredging of the channel. Mudflat will be created at depths between -1.5 and +2.5 ft MLLW. A detailed conceptual mitigation plan will be developed and implemented by the applicant in consultation with the National Marine Fisheries Service, California Department of Fish and Game, U.S. Fish and Wildlife Service, and the ACOE. The plan will include the following elements. 1. Pre -construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offsite areas will be analyzed. 2. Pre -construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Shorebird Construction and Post -Construction Monitoring Program. A 5-year monitoring program will be designed that includes both construction and post -construction monitoring surveys. Shorebird surveys will be conducted prior to and during construction; quarterly during the first year following the creation of the mudflat area; and annually for the remaining 4 years. The purpose of these surveys will be to measure the success of the mitigation project, comparing the shorebird diversity of the newly created mudflats with existing mudflats nearby. The results of each survey will be presented in a post - survey report prepare for the City of Newport Beach and responsible agencies. -57- COMMISSIONERS November2l, 1991 MINUTES CITY OF NEWPORT BEACH INDEXROLL CALL 4. Option for Remedial Measures. If the newly created mudflat does not meet pre -determined criteria, then remedial actions, including a second mudflat restoration attempt in another area, will be undertaken. Specific remedial measures will be determined upon consultation with responsible resource agencies. 41. In accordance with ACOE requirements, the loss of subtidal halibut nursery area shall be mitigated by the in kind replacement of halibut nursery habitat at a replacement ratio of 1.5:1, at depths between 1.5 and 3.21 feet below MLJ,W. This habitat shall be restored at an ACOE- approved site, preferably in Upper Newport Bay, prior to project -related dredging. A conceptual mitigation program shall be developed and implemented by the applicant in consultation with the National Marine Fisheries Service, California Department of Fish and Game, U.S. Fish and Wildlife Service, and the ALOE. The plan will include the following elements. 1. Pre -Construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offsite areas will be analyzed. 2. Pre -Construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Construction and Post -Construction Monitoring Program. A 5-year monitoring program will be designed that includes both pre -construction and post -construction surveys. Halibut surveys will be conducted at the selected mitigation area prior to construction; quarterly for the first year following the -58- b3 COMMISSIONERS November2l, 1991 MINUTES ROLL CALL CITY OF NEWPORT BEACH creation of the subtidal habitat; and annually for the remaining 4 years. The purpose of these surveys will be to measure the success of the mitigation project and compare the use of the newly created habitat by halibut with other areas in the Upper Bay. The results of each survey will be presented in post - survey monitoring reports prepared for the City of Newport Beach and responsible agencies. 4. Options for Remedial Measures. If the newly created subtidal habitat does not meet pre- determined criteria, then remedial actions, including a second restoration attempt in another area, will be undertaken. However, specific remedial measures will be determined upon consultation with responsible resource agencies. 42. To avoid potential misuse of smaller recreational vessels in the Upper Bay and to reduce potential impacts on wildlife, Castaways Marina tenants sha11, as part of their leases, be provided with educational materials regarding local and federal boating regulations and the importance of reducing disturbances to the wildlife of the Upper Bay. 43. All appropriate BMPs shall be used to prohibit erosion and runoff during construction and from disturbed and paved areas into Newport Bay and the cattail marsh. Measures should also include revegetation immediately after construction ceases and placement of runoff -retaining barriers. 44. Dredging and construction activity will be terminated between April 1 and September 30, the breeding season of California least terns, to minimize adverse impacts on their foraging habitat due to increased turbidity. Deleted. -59- INDEX A COMMISSIONERS .OLL CALL November 21, 1991 MINUTES CITY OF NEWPORT BEACH 46. The areas affected by construction shall be limited to the project site and proposed haul road; no material shall be deposited in the cattail marsh or coastal sage scrub habitats. 47. The landscape plan shall be altered to eliminate the use of periwinkle ground cover. 48. Prior to issuance of a grading permit by the city, the applicant shall present a traffic management program to manage construction -related traffic access to the project site and to ensure safe turning movements from Pacific Coast Highway onto Dover Drive. Such a plan should describe the use of signage and flag people and include any requirements of the City of Newport Beach Police and Public Works Departments. 49, Prior to issuance of a grading permit by the city, the applicant shall coordinate with Caltrans, Orange County, and the cities of Newport Beach and Irvine regarding their plans for improvements along MacArthur Boulevard, Bonita Canyon Road, and Pelican Hill Road (Newport Coast Drive). To the degree feasible, the hauling operation will avoid the period of construction along MacArthur Boulevard between Bison Avenue and University Avenue, and will avoid hauling during morning and afternoon peak traffic periods. 50. Prior to leaving the construction staging area and delivering dredged material to the Coyote Canyon Landfill (assuming this disposal method is selected), haul trucks shall be inspected to ensure that (1) no water leaks from the trucks and (2) dirt has been placed to avoid spillage onto roadways. 51, The applicant shall redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4-way, signalized intersection. This signal shall be designed and timed to discourage bypass traffic from using Cliff Drive, to the extent possible. INDEX 0 COMMISSIONERS November 21, 1991 MINUTES ROIL CALL CITY OF NEWPORT BEACH 52. During the dredging and ocean disposal operations, a guideboat, or a lookout on the barge bow, will be used and equipped with a megaphone and 2-way radio to minimize potential accidents. 53. Prior to issuance of the dredging permit, the contractor will meet with the ferry operator to develop an acceptable communications system, and shall provide the City of Newport Beach with verification of said meeting. 54. Prior to the issuance of a dredging permit, the contractor will submit a plan for the dredging operation and movement of dredged material to the Orange County Harbor Patrol and U.S. Coast Guard, and shall receive approval of the plan from said agencies. In addition, the contractor shall provide evidence to the City of Newport Beach that said plan has been approved and that the Notice to Mariners has been issued by the U.S. Coast Guard. 55. Dredging operations shall be limited to non -holiday weekdays, and shall be prohibited during the period of the annual Christmas boat parade and holiday period (from approximately December 15 through January 1). In addition, said activity shall be limited to the hours of 7:00 a.m. to 6:30 p.m. for acceptable weekdays. 56. The project applicant shall require all applicable contractors to implement the following exhaust emission reduction measures: a. Maintain equipment per manufacturer's specification. b. Install catalytic converters on gasoline -powered equipment. C. Implement engine timing retard. d. Utilize electrical or gasoline -powered instead of diesel -powered equipment whenever possible. -61- WOEX COMMISSIONERS November 21, 1991 MINUTES ROLL CALL CITY OF NEWPORT BEACH 57. The applicant shall implement suppression measures for fugitive dust. Measures shall include wet suppression techniques for dry ground soil, immediate replanting and irrigation of landscaped areas, coverage requirements for loaded trucks, and onsite vehicle speed limits of 15 mph. These measures, as well as others deemed necessary by the City of Newport Beach, shall be incorporated as conditions of preventing offsite fugitive dust nuisances, as required in the SCAQMD Rule 403. 58. Construction activities shall be curtailed during periods of high ambient pollutant concentrations. Ambient PM10 concentrations are highest during days with strong winds (greater than 20 mph). 59. On Saturdays, pile driving activity shall be further limited to the hours of 8:30 a.m. to 6:00 p.m. 60. The project proponent shall consult with the City of Newport Beach Water Department to ensure fire flows of 3,000 gpm for the project. 61. Access dimensions shall be consistent with City of Newport Beach standards. 62. Fire protection requirements shall be consistent with the Uniform Building Code and the Uniform Fire Code. 63. Prior to the City's issuance of an occupancy permit, the applicant shall verify that the Newport Beach Fire and Police departments, and the Orange County Sheriffs Harbor patrol are provided with keys to all locked facilities/areas within the site. 64. Low -flow bathroom fixtures shall be used in the bathroom/storage buildings on the site. 65. The approved landscape palette shall include drought - tolerant plant materials. -62- INDEX 0 COMMISSIONERS ROLL CALL November 21, 1991 MINUTES CITY OF NEWPORT BEACH INOEX 56. The project shall be designed to avoid disturbance of the existing onsite 30-inch water main, or if this cannot be achieved, design for the proposed project shall include provisions for the relocation of the water main in accordance with City of Newport Beach requirements. 67. A conduit system will be required for cable placement and shall be provided by the project proponent. 68. The City shall conduct a baseline traffic study on Cliff Drive, prior to installation of the traffic signal at Dover Drive/Cliff Drive. The City shall monitor traffic along Cliff Drive, and, if a significant amount of traffic results, the City will install new traffic control devices, such as stop signs, to make Cliff Drive less attractive to use than Coast Highway. 69. The landscape plan for the project will be modified to incorporate landscaping along the cribwall, and will be reviewed and approved by the City of Newport Beach prior to issuance of the grading permit. 70. Revise the marina slip design, if necessary, to conform with the proposed County revision to the harbor lines northerly of the Coast Highway bridge. The plan shall be submitted to the Public Works Department for review and approval prior to the issuance of a grading or dredging permit. Resolution No. 1278, recommending adoption of lent No. 743 as modified to the City Council. i. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and -63- M November21, 1991 MINUTES COMMISSIONERS OLL CALL CITY OF NEWPORT BEACH 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. Findines. 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map as modified meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. 1. That the applicant redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive/Cliff Drive intersection to form a 4-way, signalized intersection as shown in the EIR as an alternative Site Access Road (Exhibit 6-7). M INDEX bq COMMISSIONERS tOLL CALL November 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX 2. That the boundary of the proposed parcel map be revised to reflect the revised access point via the Dover Drive/Cliff Drive intersection and that a parcel map be recorded prior to is of Building Permits unless otherwise approved by the Public Works and Planning Departments. That the Parcel Map be prepared so that the Bearings relate to the State Plane Coordinate System Monuments (one inch the pipe with tag) shall be set nn Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 5. That the design of the private access drive conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The Basic drive width shall be 26' (no parking) or 32' (parking one side). The location, width and configuration of the private drive shall be subject to further review and approval of the Traffic Engineer. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the intersection of the private access road and Dover Drive be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, -65- 1d COMMISSIONERS 1, -, tuber 21, 1991 -L CALL CITY OF NEWPORT BEACH subject to approval of the Traffic Engineer. In order to provide sight distance northerly of the intersection, the existing slope will have to be laid back. 7. That a bicycle connection be made at the intersection of Dover Drive and Cliff Drive to provide a connection between the on -street bicycle trail and the bluff bicycle trail along the upper Castaway site. The design of the connection shall be reviewed and approved by the Public Works Department. g. That a pedestrian easement be dedicated to the public along the bay adjacent the bulkheads and the proposed wood pier with an access easement from Dover Drive. That a pedestrian easement be dedicated to the public from the northerly vehicle turn -around to the shoreline of the Upper Castaway site. That the pedestrian easements be improved with an all weather surface as approved by the Public Works Department and that a stairway be constructed from the northerly turn -around to the shoreline of the Upper Castaway site to the Lower Castaway site adjacent to the bluff and that access to the bayfront be provided. The design of the stairway shall be approved by the Public Works Department. The pedestrian easements shall be 10' wide where applicable or as otherwise approved by the Public Works Department. 9. That the 30" water line be accurately located prior to the commencement of grading and construction and that a 20 foot wide water line easement be dedicated with the water line in the center of the easement. That the proposed project be designed so that it does not disturb the existing 30-inch water main, or if this cannot be achieved, the project design must include provisions for relocating the water main and providing an appropriate easement in accordance with City requirements. Structural encroachments and trees will not be permitted over the water main. -66- INbEX it COMMISSIONERS ROLL CALL November 21, 1991 MINUTES CITY OF NEWPORT BEACH INDEX 10. That the control gates at the entrance be designed to provide a turnaround prior to the gates. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. That excess parking for the site shall be located outside the control gates for public parking unless otherwise approved by the Public Works Department. 11. That easements for public emergency and security ingress, egress and public utility purposes on the access drive and parking lot be dedicated to the City as required and that all easements be shown on the parcel maps. That a storm drain easement be provided across the Lower Castaway site to serve the Upper Castaway site for future storm drain construction with the location and width to be approved by the Public Works Department. 12. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 13. That all vehicular access rights to West Coast Highway and Dover Drive except for one access opposite Cliff Drive be released and relinquished to the City of Newport Beach. 14. That a traffic signal be designed and constructed by the developer at the intersection of Dover Drive and Cliff Drive prior to opening of the facility and that the developer pay 50010 of the design and construction costs. 15. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 16. Existing on -site drainage facilities shall be improved to the satisfaction of the Public Works Department. A hydrology and hydraulic 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 -67- .1 v COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH OLL CALL 17 18 1S 21 2 2 on -site improvements prior to issuance of any grading permits, building permits or recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That a new storm drain be constructed to the bay to serve the site as the existing City storm drain does not have adequate capacity. That the water system for the development be a looped system. A minimum of two (2) on -site fire hydrants shall be provided at locations to be approved by the Fire Department. Fire flow for the project shall be a minimum of 3,000 gpm. 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. That County Sanitation District fees be paid prior to issuance of any building permits. 1. That any Edison transformer and water system detector check valves serving the site be located outside the sight distance planes as described in City Standard 110-L. 2. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19,24,140 of the Municipal Code. 23. 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. INDEX 1 'h COMMISSIONERS November 21, 1991 MINUTES ROLL CALL CITY OF NEWPORT BEACH Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. Prior to issuance of a grading permit by the City, the applicant shall present a traffic management program to manage construction -related traffic access to the project site and to ensure safe turning movements onto Dover Drive. Such a plan shall describe the use of signage and flag people and include any requirements of the Police Department and the Public Works Department. There shall be no construction storage or delivery of materials within the state right-of-way or construction storage of materials within the Dover Drive right-of-way. Prior to issuance of any Grading Permits, a parking plan for workers must be submitted and approved by the Public Works Department. Trucks used for hauling the Dredged material must be clean from falling debris prior to entering public streets. The last 100' of haul road adjacent to 16th Street shall be paved with asphalt with another 100' of aggregate adjacent to the asphalt to clean truck tires, unless an alternate plan is approved by the Public Works Department. A plan for cleaning the trucks must be approved by the Traffic Engineer. 24. That the new bulkheads shall be constructed to a minimum elevation of 9.00 M.L.L.W. (6.27 MSL). Deleted. 26. That the Public Works Department plan check and inspection fee be paid. ma INDEX .7 q NLLaU1UWJ1L J Planning Commission Meeting November 21. 1991 Agenda Item No. b CITY OF NEWPORT BEACH TO. Planning Commission FROM: Planning Department SUBJECT: A. Amendment No 743 (Continued Public Hearing) Request to establish Planned Community District regulations and adopt a Planned Community Development Plan for Castaways Marina; and the acceptance of an environmental document. Request to approve a traffic study so as to permit the construction of a 125 slip marina with support parldng and accessory facilities in the Castaways Marina Planned Community. OLD] C. Resubdivision No 972 (Continued Public Hearing) Request to create one parcel of land for marina development in the Castaways Marina Planned Community. LOCATION: A portion of Lot 1, Tract No.1125, located at 300 Dover Drive, on the northeasterly corner of Dover Drive and West Coast Highway on the Castaways property. ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER/ SURVEYOR: Dulin and Boynton Surveyors, Signal Hill �5