HomeMy WebLinkAbout01/05/1995COMMISSIONERS CITY OF NEWPORT BEACH MINUTES
4
Mc
A:
r
s
REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M.
DATE: January 5, 1995
ROLL
INDEX
CALL
*
*
*
*
*
All Commissioners were present.
# ##
EX- OFFICIO OFFICERS PRESENT:
James Hewicker, Planning Director
Bob Burnham, City Attorney
# ##
William R. I-aycock, Current Planning Manager
Patty Temple, Advance Planning Manager
John Douglas, Principal Planner
Don Webb, Public Works Director
Dee Edwards, Secretary
Minutes of December 8 1994
Minutes of
12/8/94
Commissioner Ridgeway requested that page 22 of the
December 8, 1994 minutes be corrected to state that "The
subject child care is more mitigated by pro)dmity to the
airport than the YMCA property, and yet the Commission
tion
*
chose to deny the this request." Motion was made and voted
Ll Aye
on to approve the corrected December 8, 1994, Planning
Commission Minutes. MOTION CARRIED.
# ##
Public Comments:
Public
Comments
No one appeared before the Planning Commission to speak
on non - agenda items.
# ##
Posting of the Agenda:
Posting of
the Agenda
James Hewicker, Planning Director, stated that the Plamung
Commission Agenda was posted on Friday, December 30,
1994, in front of City Hall.
# # i
4
4
COMMISSIONERS
s�
CITY OF NEWPORT BEACH
MINUTES
January 5. 1995
ROLL
INDEX
CALL
X k i
Use Permit No. 2018 (Amended)(Public Hearing)
item No. 1
Request to amend a previously approved use permit which
UP 2018A
permitted the installation of two off -site, directional signs
Removed from
and the alteration of an existing off -site directional sign. The
Calendar
proposed amendment involves a request to revise a previous
condition of approval that limits the directional information
on one of the signs located in the P -C District to projects
within the City of Newport Beach. The proposed amend-
ment is necessary so as to allow the directional information
pertaining to "Newport Coast" which is a project outside of
the City of Newport Beach.
LOCATION: A portion of Lot 145, Block 50, Irvine's
'
Subdivision located at 3366 Jamboree
Road, on the southeasterly corner of
Jamboree Road and MacArthur Boule-
vard.
ZONE: P -C
AND
Use Permit No. 3176 (Amended)(Public Hearing)
item No. 2
Request to amend a previously approved use permit which
UP 3176A
permitted the installation of an off -site, directional sign on
property located in the P -C District. The proposed amend-
Removed from
ment involves a request to revise a previous condition of
Calendar
approval that limits the directional information on the signs
to projects within the City of Newport Beach. The proposed
amendment is necessary so as to allow the directional
information pertaining to "Newport Coast" which is a project
outside of the City of Newport Beach.
2
L
M,
A
COMMISSIONERS
0,�
CITY OF NEWPORT BEACH
MINUTES
c Ianc
ROLL
CALL
INDEX
LOCATION: A portion of Lot 146, Block 51, Irvine's
Subdivision, located at 3500 Jamboree
Road, on the southeasterly corner of
Jamboree Road and Bristol Street.
ZONE: P -C
APPLICANT: The Irvine Company, Newport Beach
OWNER: Same as applicant
At the request of Jim Hewicker, Planning Director, Agenda
Items 1 and 2 were addressed together. Mr. Hewicker
explained that the two subject use permits were originally
approved permitting off -site directional signs; however,
conditions of approval for both use permits limit the direc-
tional information on the signs to projects within the City of
t
Newport Beach. Subsequently, the Zoning District Regula-
tions have been changed so as to allow off -site signs within
the San Diego Creek North and Jamboree /MacArthur
Planned Community District. The Planned Community
District Regulations that have been approved by the Plan-
ning Commission and the City Council allow the off -site
signs and do not restrict their use to developments within the
City. Therefore, Mr. Hewicker continued, the Planning
Department was recommending that these two items be
removed from calendar and the filing fees be refunded to the
applicant.
otion
*
Motion was made and voted on to remove Use Permit No.
11 Ayes
2018 (Amended) and Use Permit No. 3176 (Amended) from
calendar and to refund the filing fees associated with each to
the applicant. MOTION CARRIED.
-3-
COMMISSIONERS
4
o 0
�0
CITY OF NEWPORT BEACH
•MINUTES
January 5, 1995
OLL
CALL I
INDEX
Use Permit No. 1561 (Amended) (Public Hearing) I
Item No. 3
Request to amend a previously approved use permit which U
UP 1561A
Approved
permitted the establishment of a Del Taco, drive through A
District. The proposed amendment involves: the retention
of an as -built outdoor patio dining area; the extension of the -
as-built outdoor patio so as to be 10 feet closer to Bristol
Street; and the construction of a 10 foot addition across the
front of the existing building, which will be used as addition-
al interior seating. The proposal also includes: an addition
to the rear of the building which will be used for additional
storage space; the relocation of an existing trash storage
area; and a request to waive a portion of the additional
required off - street parking.
LOCATION: Parcel 2 of Parcel Map 59 -4 (Resubdi-
vision No. 414) located at 2101 Bristol
Street, on the southerly side of Bristol
Street, between Irvine Avenue and
Birch Street, adjacent to the Santa Ana
Heights area.
ZONE: C -1 -H
APPLICANT: Del Taco, Inc., Orange
OWNERS: Mr. and Mrs. Llewellyn B. Copp, New-
port Beach
Referring to the staff report and observations made by staff
of the site operations, Commissioner Adams questioned
whether or not high schools had been in session on the day
of the observances. He opined that it had been his experi-
ence when visiting the site, this operation received a fairly
high number of high school students for lunch. Planning
Director Hewicker stated that the observances made on
December 20, might possibly have been during the school
Holiday period. He opined that Corona del Mar High
COMMISSIONERS
4
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL I
INDEX
Coast Highway. Much of the traffic comes from employees
working in the Newport Place Planned Community and the
Koll Center Planned Community office developments, which
for a long time had a scarcity of restaurants.
Responding to a question from Commissioner Ridgeway, Mr.
Hewicker stated that there was an opening in the rear wall
on the site which provides vehicular ingress and egress to.
Irvine Avenue.
The public hearing was opened in connection with this item
and Mr. Kenneth Carrell, project architect representing the
applicant, appeared before the Planning Commission. Mr.
Carrell stated he concurred with the findings and conditions
in Exhibit "A." Mr. Carrell commented that there was no
high school located in close proximity to the restaurant site,
and the lunch traffic consists primarily of office employees.
Replying to a question from Commissioner Adams, Mr.
Carrell stated that the proposed remodel includes doubling
the size of the food preparation area so as to allow for
quicker preparation of the food product, and hence quicker
service. There were no plans to increase the kitchen area
nor the number of employees. Mr. Carrell stated that 85%
of the business at this particular location is drive -thru
business with customers exiting the site after receiving their
order.
Commissioner Ridgeway discussed with Mr. Carrell the
ingress and egress provisions of the site. Commissioner
Ridgeway stated the former front access drive, now eliminat-
ed, had provided customers with an eluting option. Mr.
Carrell stated he had observed the operation on several
occasions, at different times of the day, and believed the
right turn only onto Bristol Street did not constitute a major
problem.
In answer to a question posed by Commissioner Adams
regarding traffic back -up on Bristol Street, Mr. Carrell said
the operation currently has a person outside with a remote
COMMISSIONERS
0\ d�t��4�,pV%\Aj�
°'
4
Mo
Al
4
MINUTES
CITY OF NEWPORT BEACH
January 5, 1995
RCALL OLL
INDEX
board taking orders at lunch time. He continued the biggest
problem is not being able to get the food prepared fast
enough. The proposed double -sided taco bar, allowing
quicker food preparation, is expected to help eliminate the
traffic back -up.
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
Commissioner Adams voiced his concern that Del Taco had
previously expanded its operation without benefit of permits.
He stated his belief there could still be problems with traffic
backing -up on Bristol Street. He felt, however, that the
purpose of the proposed expansion was to improve the
efficiency of the operation, and that conditioning the project
with a requirement to maintain a remote order unit during
peak hours, would help alleviate the back -ups. He stated he
did not feel that the elimination of the pass - through lane
resulted in a major change of the operational characteristics
and would support the application.
Commissioner Ridgeway stated his concern regarding the
previous unapproved expansion of the outdoor patio area of
Del Taco at this site. He commented he had visited the site
on many occasions and did not feel the pass- through lane
was a necessity as the persons who frequented the site
appeared familiar with its operation. He commented that
signage might be improved calling attention to the existence
of the rear driveway. Commissioner Ridgeway stated he
would support the application for expansion.
Planning Director Hewicker informed the Commission that
a sign exists on a side wall of an adjoining building that
directs customers to the vehicular access easement to Irvine
Avenue.
Commissioner Pomeroy stated his support of the application.
tion
*
Motion was made and voted on to approve Use Permit No.
1 Ayes
1561 (Amended) subject to the findings and conditions in
Exhibit "A." MOTION CARRIED.
6
4
COMMISSIONERS
O�r
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
OI,L
CALL
INDEX
Findings:
1. That the proposed development is consistent with the
General Plan and is compatible with surrounding land
uses.
2. That the waiver of the take -out restaurant develop-
ment standards as they relate to a portion of the
required parking (15 parking spaces) will be of no
further detriment to adjacent properties inasmuch as
the drive -in and take -out restaurant is an existing
development which is designed in a way that meets
the purpose and intent of such design standards; and
adequate parking is being provided on -site.
3. 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.
4. That public improvements may be required of a
developer per Section 20.80.060 of the Municipal
Code.
5. Adequate provision for traffic circulation is being
made for the drive -in and take -out restaurant facility.
6. The approval of Use Permit No. 1561 (Amended) will
not, under the circumstances of this case, be detri-
mental to the health, safety, peace, morals, comfort
and general welfare of persons residing or working in
the neighborhood or be detrimental or injurious to
property or improvements in the neighborhood or the
general welfare of the City.
Conditions:
1. That development shall be in substantial conformance
with the approved site plan, floor plans, elevations
and sign plans, except as noted below.
-7-
4
COMMISSIONERS
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
OLL
CALL
INDEX
2. That the proposed facility shall be permitted to
operate 24 hours daily. The outdoor dining area shall
be monitored for noise and, if necessary, the hours of
its use shall be curtailed to an earlier closing hour.
3. That the proposed relocation of the pole sign at the
southeasterly comer of the property be positioned so
that sight distance is maintained in accordance with
the City's sight distance standard 110 -L.
4. That the proposed patio fencing and landscape
planter shall be revised to provide sight distance at
Bristol Street and the private drives in conformance
with City Standard No. 110 -L. Landscaping, walls and
other obstructions shall be considered in the sight
distance requirements. Walls and landscaping within
the sight line shall not exceed 24 inches in height
measured above the pavement.
5. That all improvements be constructed as required by
Ordinance and the Public Works Department.
6. That a minimum of 29 off -street parking spaces (plus
an additional 12 spaces in the drive -up stacking lane)
shall be provided at all times.
7. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further
review by the City Traffic Engineer.
S. That the drive- through facility shall be operated in
such a manner that vehicles will not be allowed to
block access driveways. This shall be monitored at all
times by the applicants' representatives at the site.
An employee with a remote order unit shall be used
during peak hours of operation to expedite the orders
so there will not be back =ups in the stacking lane onto
Bristol Street. If back -ups occur, the incoming
customers shall be directed to bypass the drive-
-8-
a
r
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
through facility. If a traffic congestion problem
occurs on Bristol Street related to the drive- through
facility that is not immediately corrected, the Planning
Commission may recommend to the City Council
revocation of this Use Permit.
9. That all mechanical equipment and trash areas shall
be screened from adjoining properties and from
adjoining streets.
10. That the development standards pertaining to a
portion of the required parking spaces (15 spaces) for
the take -out restaurant shall be waived.
11. That any new directional signs shall not exceed 6
sq.ft. and shall not include the restaurant name or
logo.
`
12. That the required number of handicapped parking
spaces shall be designated within the on -site parking
area and shall be used solely for handicapped self -
parking. One handicapped sign on a post and one
handicapped sign on the pavement shall be required
for each handicapped space.
13. That the service of any alcoholic beverages in the
take -out restaurant facility is prohibited unless an
amended use permit is approved by the City.
14. Landscaping shall be regularly maintained free of
weeds and debris. All vegetation shall be regularly
trimmed and kept in a healthy condition.
15. That all employees shall park their vehicles on -site.
16. That trash receptacles for patrons shall be located in
convenient locations inside and outside the building.
'
-9-
COMMISSIONERS
db\ lot�000aolml\&S�
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
17. That a washout area for refuse containers be provided
in such a way as to allow direct drainage into the
sewer system and not into the Bay or storm drains,
unless otherwise approved by the Building Depart-
ment.
18. That grease interceptors shall be provided on all
fixtures in the restaurant facility where grease may be
introduced into the drainage systems in accordance
with the provisions of the Uniform Plumbing Code,
unless otherwise approved by the Building Depart-
ment.
19. That exhaust fans shall be designed to control smoke
and odor, unless otherwise approved by the Building
Department.
20. That one bathroom for each sex shall be provided
and shall be made readily available to patrons of the
facility during all hours of operation.
21. This use permit shall expire unless exercised within 24
months from the date of approval as specified in
Section 20.80.090.A of the Newport Beach Municipal
Code.
22. That the Planning Commission may add or modify
conditions of approval to this use permit, or recom-
mend to the City Council revocation of this use
permit, upon a determination that the operation
which is the subject of this use permit, causes injury,
or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community.
10
-10-
COMMISSIONERS
r d�\
i
4
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
Use Permit No. 3429 (Amended) eview)
Item No. 4
Request to amend a previously approved use permit that
UP 3429A
permitted the construction of a hand car wash and detailing
facility which also permitted the sale and dispensing of
Continued t
gasoline, on property located in the RSC -H District. Said
4/20/95
approval also allowed a portion of the proposed building to
exceed the 26 foot basic height limit in the 26/35 Foot
Height Limitation District. The proposed amendment
involves a request to allow the sale of soft drinks and pre -
prepared food items for customers and employees in con-
junction with permitted retail sales on the property; and a
request to permit a background type music system in the
outdoor customer seating area. The proposed amendment
also includes a request to approve an off -site parking
agreement for employee and additional overflow parking on
the adjoining Marakesh Restaurant property.
LOCATION: Parcel No. 1, Parcel Map 282/40, 41
(Resubdivision No. 988), located at
1200 West Coast Highway (car wash
site); and Lots 37 and 38, Tract No.
1210, located at 1100 West Coast High-
way (off -site parking lot), on the north-
erly side of West Coast Highway across
from the Balboa Bay Club.
ZONE: RSC -H
APPLICANT: Warren Levy, Newport Beach
OWNER: Golden Empire Trading Company,
Corona del Mar
Planning Director Hewicker explained that tonight's review
of the subject application had been stipulated in Condition
No. 14 when the project received Planning Commission
approval on November 10, 1994. He reviewed the conditions
of approval since that approval and stated that compliance
had been reached on all but two of the original conditions:
the complete removal of the outdoor speaker system and on-
-11-
pr
COMMISSIONERS
CITY OF NEWPORT BEACH
MINUTES
7anuary 5. 1995
. \ -
�0�S'
ROLL
CALL
INDEX
site parking requirements. Director Hewicker stated the
outdoor speakers had been disconnected, but, to date, had
not been removed as requested. He continued that in
regards to the condition that all employees park on -site, the
applicant was working on an off -site solution to this require-
ment. He described parking agreements the applicant was
attempting to arrange with a future owner of an adjacent
property and with the Balboa Bay Club. In the interim, the
applicant was attempting to arrange for employee parking at
the Lutheran Church site on property located at the corner
of 16th Street and Dover Drive, and transporting the
employees, by van, from there to the car wash site. Director
Hewicker stated that the Planning Commission, after
tonight's review, might wish to continue this item for one or
two months allowing the applicant time to effect a long -term
off -site parking solution.
Responding to a question posed by Chairman Gifford,
Director Hewicker stated that 300 feet to 500 feet was
generally considered the maximum distance for an off -site
parking location. In regards to the applicant securing an off -
site parking agreement with the aforementioned Lutheran
Church, discussion ensued between the Commissioners and
staff regarding ways to insure the site was so used. Regard-
ing such an agreement, City Attorney Burnham stated the
church should designate a particular area to be used by the
car -wash employees and the City obtain the names of the
employees who would be utilizing the spaces.
The public hearing was opened in connection with this item
and Mr. Warren Levy, 1200 West Coast Highway, applicant,
appeared before the Planning Commission. Mr. Levy
outlined the attempts to solve the off- street parking require-
ments since acquiring the car -wash site in April, 1994. He
opined that an off -site parking agreement would eventually
be effected with the owner of the adjacent property to the
west, and explained the delays associated with the sale of
that property. Mr. Levy stated that the pastor of the
Lutheran Church was very receptive to an off -site parking
agreement on a temporary basis, which included designating
i
-12-
COMMISSIONERS
\ i
0\ NMOMN\e\�o
L
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
CALL OLL
INDEX
a specific area to be used by the car -wash employees. He
said it was his intent to comply fully with City requirements
and requested a six-month extension of time to do so.
In answer to a question posed by Commissioner Ridgeway,
Planning Director Hewicker stated that his information was
that the Board Members of the Lutheran Church must
approve the off -site parking agreement before it could
become effective, and that the Board was to meet sometime
in the following week. Commissioner Ridgeway commented
that he could not support an extension of six months for the
subject use permit.
Responding to queries from Commissioner Adams and
Chairman Gifford, Mr. Levy explained why the car -wash
operation could not accommodate 8 on -site parking spaces.
He stated that the car -wash operates with two shifts; current-
ly 70% of the employees use carpool, public or bike trans-
,
portation and 30% of the employees drive cars. However,
he explained these figures change as the employees change.
In responding to a comment from Commissioner Ridgeway,
Planning Director Hewicker stated he felt a 90 -day extension
was adequate. He also stated that should Mr. Levy arrange
a parking agreement with the adjacent property owner, a
portion of the property should be used for long -term parking
and will require an off -site parking agreement to be ap-
proved by the Planning Commission and the City Council.
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
Motion was made to take no action at this time and to set
iotion
Use Permit No. 3429 (Amended) for review at the April 20,
1995 Planning Commission meeting.
emended
After discussion, amendment to the motion by Commissioner
Motion
Adams was made to continue the review of Use Permit No.
3425 (Amended) to April 20, 1995, subject to interim parking
being provided on the Newport Harbor Lutheran Church
-13-
Ames
Mo t:
vo tf
All
4
COMMISSIONERS
r 0 �
Op`o��o�rs �r
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
OLL
CALL
INDEX
parking lot, utilizing an employee shuttle, with the area to be
used designated by the permittee and said designation and
ided
employee identification information given to the Planning
Lon
Director; and if the interim off -site parking is not arranged,
=_d on
the Planning Director is to bring the matter back to the
Ayes
Planning Commission. Amended motion voted on. MO-
TION CARRIED.
A. Amendment No. 814 (Public Hearing)
Item No. 5
Request to amend the North Ford Planned Community
A 814
District Regulations so as to modify the parking require-
Approved
ments for Area 4 of the Development Plan to allow for the
reduction of 40 parking spaces as required to comply with
Resolution
the requirements of the U.S. Fish and Wildlife Service; and
No. 1377
the acceptance of an environmental document.
AND
B. Tentative Map of Tract No. 14989 (Public Hearing)
TTM No. 14!
Request to subdivide 20.36 acres of land into 2 numbered
Approved
lots for a 300 -unit residential condominium development and
3 lettered lots for open space.
AND
C. Site Plan Review No. 72 (Public Hearing)
SPR No. 72
Request to approve a Site Plan Review for the development
Approved
of 300 residential condominium units and approximately 2.49
acres of open space on property located in the North Ford
Planned Community District.
LOCATION: A portion of Lot 10, Tract No. 12309,
located at 3100 Jamboree Road, on the
northeasterly corner of Jamboree Road
and University Drive, in the North Ford
Planned Community.
'
-14-
m
4
COMMISSIONERS
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
ZONE: P -C
APPLICANT: The Irvine Company, Newport Beach
OWNER: Same as applicant
ENGINEER: Adam Streeter, Civil Engineers, Inc.,
Irvine
John Douglas, Principal Planner, stated the proposed
Baypoint project, also known as San Diego Creek South, was
a component of the Circulation and Open Space Agreement
(CIOSA) approved by the Planning Commission and City
Council in 1992. He reviewed the applications explaining the
Site Plan Review is required under the zoning regulations to
provide site specific review prior to construction. The
amendment to the North Ford Planned Community District
'
Regulations is a result of the requirement placed on the
applicant, The Irvine Company, by the U.S. Fish and Wildlife
Service to create some additional habitat area to facilitate
wildlife migration between Upper Newport Bay and the open
space areas to the east of the subject property. In order to
comply with this request, the applicant redesigned the project
to eliminate 40 parking spaces to create the additional
habitat area. The conclusion of a parking study completed
to determine the effects of the proposed parking reduction
was that the reduction would not have any substantial effect
on the project. The tentative map is proposed in order to
create condominium units although it is the intent of the
applicant to build the project as rental apartments with the
option for later condominium conversion.
Mr. Douglas pointed out some minor typographical errors in
the staff report to the Commission: Page 3. Background. 2nd
paragraph, 2nd sentence: delete bluff and view park dedica-
tion. Page 4. Tentative Tract Map No: Tract No. should be
14989. Site Plan Review No: Site Plan Review No. should
be 72. Page 5. Paragraph 6: should read, multi - family
subdivision.
'
-15-
COMMISSIONERS
�d
0 0 0
0\ � x `O s'
4
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
Mr. Douglas stated that after distribution of the staff report,
a letter was received from the Newport North Homeowners
Association with comments regarding the Negative Declara-
tion. As a result, a supplemental staff report was prepared
with responses to the Homeowners Associations' expressed
concerns. Mr. Douglas summarized the City's responses to
the issues questioned by the Homeowners' Association.
Conclusions out of date. He stated that the project was
evaluated as part of the CIOSA agreement approved in 1992.
However, as an environmental review, an extensive Initial
Study was completed evaluating the specifics of the current
application and determined that the conclusions contained in
the CIOSA Final EIR are still valid. Staff has recommended
additional mitigation measures, however. Parking adequacy.
It is the opinion of staff that the parking study prepared for
the project shows the proposed parking will be adequate.
Traffic, air quality, and noise Staff believes that these issues
were adequately evaluated during the CIOSA public hearing
process, and since this proposed project is substantially the
same as the project approved under CIOSA, there are no
additional impacts that would result from the approval of the
tract map and site plan review. Security and handicapped
accessibility. The Police Department has reviewed the
project and made recommendations to the developer
regarding appropriate security measures which will be
incorporated into the project. In addition, the project is
required to comply with the Americans with Disabilities Act.
Lighting. There is an existing mitigation measure from
CIOSA. Staff has recommended an additional mitigation
measure requiring a licensed engineer to review the plans
and certify that light spillage on adjacent properties will be
minimal.
Mr. Douglas continued that staff had met with the applicant
to discuss conditions of approval contained in the original
staff report, and based upon those discussions with the
applicant, Public Works Department and Planning Depart-
ment, revisions have been prepared and are included, in
strikeout and underline format, in the revised Exhibit "A" of
the supplemental staff report. Mr. Douglas pointed out the
.
-16-
r�
4
COMMISSIONERS
�do�'rd
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
OT
CALL
INDEX
omission of the lighting mitigation measure, discussed above,
stating it should appear as number 5 on handwritten page
number 5. He reviewed, for the Commission, the recom-
mended revisions to the findings and conditions of approval.
C. Tentative Map of Tract No. 14989. Conditions No. 8 and
No. 9 These two additional conditions are recommended by
the Public Works Department, to clarify the record, that this
project would create additional traffic and would justify the
improvements on the adjacent road network. Condition No.
7. A minor clarification is being recommended that the
additional review by the Traffic Engineer is to ensure
compliance with City policies, standards and codes. Condi-
tion No. 8. Clarifies the location of the connection to the
San Diego Creek bike trail. Condition No. 9. Recommend-
ing review by the City Traffic Engineer to ensure compliance
with City policies, standards and codes. Condition No. 18.
An insert to allow for vehicular access for utility mainte-
nance purposes. Condition No. 21. Adds text to allow
flexibility in case it were desirable to have the property
served by Irvine Ranch Water District rather than the City.
Condition No. 33. A clarification that the existing vehicular
access be maintained. Condition No. 35. Provides that the
grading for the future ramp would be subject to a feasibility
study and approval by the Transportation Corridor Agency
unless otherwise approved by the Public Works Department.
Condition No. 37 and Condition No. 38. Mr. Douglas stated
these conditions refer to the lettered lots which are the open
space portions of the development. The map included with
the staff report shows three lettered lots, A, B and C. The
original condition would have required that all three lettered
lots be owned, landscaped and maintained by the developer
or the Homeowners' Association. He said that Condition
No. 37 specifies that Lot C would be divided into two
portions and the portion that is along Bonita Creek and
wrapping around the comer containing the bicycle trail
would be dedicated to the City. He stated the area is a
natural open space area as opposed to a manufactured slope
and would be consistent with previous Planning Commission
and City Council actions on other CIOSA properties for the
developer or his successors to be required to own and
I
-17-
COMMISSIONERS
�0 10
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
OLL
CALL I
INDEX
maintain manufactured slope areas. Condition No. 38
clarifies that even though some of the open space areas are
privately owned, they would be included in the tabulation of
the open space requirements that were adopted in the
CIOSA agreement. Continuing, Mr. Douglas referred the
Commission to item D. Site Plan Review No. 72. Conditio n
No. 2. A typographical error and does not apply to the
proposed project. Conditions No. 4 through No. 10. These
contain the same revisions as those listed under the Tenta-
tive Map, Item C.
Responding to a question from Commissioner Adams, Public
Works Director Webb confirmed that the easements on
private streets referred to in the conditions of approval
include provisions for providing traffic signal equipment
easements for the intersection.
Mot
All
4
COMMISSIONERS
'�rd�"O Grp d `YQ
O s
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
OLL
CALL
I INDEX
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
Discussion followed between staff and Commissioner
Ridgeway regarding the date of receipt of the aforemen-
tioned letter from the Newport North Homeowners' Associa-
tion. Mr. Douglas stated it was stamped received January 3,
1995, and the 30 -day Negative Declaration public review
period closed January 3, 1995.
ion
*
Motion was made and voted on to approve Amendment No.
Ayes
814 (Resolution No. 1377), Tentative Map of Tract No.
14989, and Site Plan Review No. 72 subject to the revised
findings and conditions in Revised Exhibit "A." MOTION
CARRIED.
A Environmental Document
'
Findings:
1. That CEQA allows a program EIR to be used to
simplify the task of preparing environmental docu-
ments on later parts of the program. Among several
uses the program EIR can provide the basis in an
Initial Study for determining whether the later activity
may have significant effects (CEQA Guidelines,
section 15168, subd.(d).)
2. CEQA further allows that a negative declaration may
be issued in reliance upon an existing EIR prepared
for an earlier project, if the project for which the
negative declaration is prepared will not cause any
significant effects or in the case of a mitigated nega-
tive declaration any effects which cannot be eliminat-
ed or reduced to a level of insignificance. (Guidelines,
section 15070. subd.(b) and 15153, subd.(c).)
3. The Initial Study analyzed the proposed amendment,
site plan and tentative map for the Baypoint residen-
t
-19-
COMMISSIONERS
dh\X �� 0 0 16 �O
�oo o%b
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
tial development based on information contained in
the previously certified 1992 Final CIOSA Program
EIR and any new information which has become
available regarding the project.
4. The assumptions and conclusions of the 1992 Final
CIOSA Program EIR have been found to be valid
and appropriate for use in evaluating the current
proposal. The Initial Study has found that there are
no new potential significant adverse impacts which
cannot be eliminated or mitigated to a level of
insignificance, therefore a Negative Declaration has
been prepared.
5. The Negative Declaration reflects the independent
judgment of the Planning Commission and has been
reviewed and considered prior to approval of the
project.
Mitigation Measures:
1. That all mitigation measures applicable to the project
set forth in Final Environmental Impact Report No.
148 be complied with as set forth in the approved
mitigation monitoring program.
2. Prior to the issuance of any building permit the
applicant shall demonstrate to the Building Depart-
ment that all recommendations of the noise study
have been incorporated into the design of the project.
3. Prior to issuance of any grading permit for property
containing saltbush scrub habitat, the applicant shall
demonstrate to the Building Department that an
Interim Take of California gnatcatcher habitat has
been approved by the U.S. Fish and Wildlife Service.
4. Prior to the issuance of any grading or building
permits for the development, that the noise study for
the project be revised to include potential future
•
-20-
COMMISSIONERS
L
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
traffic for the JR -5 ramp, and that the mitigation
measures suggested in the revised report be incorpo-
rated into the project design. Additionally, all tenants
and /or owners shall be informed of the potential
future JR -5 ramp connection to the San Joaquin Hills
Transportation Corridor, and the potential adverse
impacts which would result from its construction.
5. All exterior lighting shall be designed and maintained
in such a manner as to conceal light sources and to
minimize spillage and glare to the adjacent residential
properties. Prior to issuance of a building permit,
lighting plans shall be submitted by a licensed electri-
cal engineer with a letter stating that, in his opinion,
this requirement has been met.
B. Amendment No. 814
Adopt Resolution No. 1377 recommending City Council
approval of Amendment No. 814.
C. Tentative Map of Tract No. 14989:
Findings:
1. That the subdivision, together with the provisions for
its design and improvement, is consistent with the
General Plan and its objectives, policies, general land
uses and programs, and the North Ford Planned
Community Development Plan and District Regula-
tions.
2. That the site is physically suitable for the type of
development proposed.
3. That the site is physically suitable for the density of
development proposed.
-21-
COMMISSIONERS
r d�
s
o�
o�'Ppo s
C
•
•
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
OLL
ALL
INDEX
4. That the design of the subdivision and proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
5. That the design of the subdivision is not likely to
cause serious public health problems.
6. 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 property within
the proposed subdivision.
7. That public improvements may be required of a
developer per Section 19.08.020 of the Municipal
Code and Section 66415 of the Subdivision Map Act.
8. That the proposed apartment project is expected to
generate nearly 2000 trips per day. Approximately
1600 of these trips will be using Jamboree Road, with
1300 of them north of University Drive. This repre-
sents a 2.3% increase in trips over existing traffic.
Increases of 1% or greater are considered significant
and will contribute to the need for widening Jambo-
ree Road as provided in the Circulation Improvement
and Open Space Agreement and the Final EIR.
9. That the proposed project takes its access from
University Drive and will increase traffic on Universi-
ty Drive by 2000 trips per day. This is a 5.6% in-
crease over existing traffic. Increases of 1% or
greater are considered significant and this increase
will contribute to the need for widening University
Drive as provided in the Circulation Improvement
and Open Space Agreement and the Final EIR.
Conditions:
1. That a final map be recorded. That the final map be
prepared so that the Bearings relate to the State
-22-
r
COMMISSIONERS
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
OLL LL
CA
INDEX
Plane Coordinate System. The final map shall be
prepared on the California coordinate system
(NAD83) and that prior to recordation of the final
map, the surveyor /engineer preparing the map shall
submit to the County Surveyor a digital - graphic file of
said map in a manner described in Section 7 -9 -330
and 7 -9 -337 of the Orange County Subdivision Code
and Orange County Subdivision Manual, Subarticle
18.
2. That prior to recordation of the final map, the
surveyor /engineer preparing the map shall tie the
boundary of the map into the Horizontal Control
System established by the County Surveyor in a
manner described in Section s 7 -9 -330 and 7 -9 -337 of
the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18.
3. Monuments (one inch iron pipe with tag) shall be set
on each lot corner unless otherwise approved by the
Subdivision Engineer. Monuments shall be protected
in place if installed prior to completion of construc-
tion project.
4. That all improvements be constructed as required by
Ordinance and the Public Works Department.
5. That a standard subdivision agreement and accompa-
nying surety be provided in order to guarantee
satisfactory completion of the Public improvements if
it is desired to record a tract map or obtain a building
permit prior to completion of the public improve-
ments.
6. That each dwelling unit be served with an individual
metered water service connections to the public water
system and sewer lateral connection with a cleanout
to the public sewer system unless otherwise approved
by the Utilities Department and the Building Depart-
ment.
•
-23-
COMMISSIONERS
\%'706
s -yi
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
7. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further
review by the Traffic Engineer for compliance with
City policies, standards and codes.
8. That the on -site circulation system connect to the
existing Bike Trail along San Diego Creek between
buildings 14 and 15 in a manner approved by the
Public Works Department.
9. That the design of the private streets and drives
conform with the City's Private Street Policy (LA),
except as approved by the Public Works Department.
The basic roadway width shall be a minimum of 32
feet. The location, width, configuration, and concept
of the private street and drive systems shall be subject
to further review and approval by the City Traffic
Engineer for compliance with City policies, standards
and codes.
10. That an Encroachment Agreement be provided where
non - standard improvements are to be constructed
over public easements.
11. That the intersection of the private streets and drives
be designed to provide sight distance for a speed of
25 miles per hour. Slopes, landscape, walls and other
obstruction 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, subject to approval of the Traffic Engineer.
12. That the California Vehicle Code be enforced on the
private streets and drives, and that a Traffic Control
plan acceptable to the Police Department and Public
Works Department be provided.
13. That if it is desired to have a control gate at the
entrance, a turnaround shall be provided prior to the
•
-24-
L
COMMISSIONERS
0 16
ON R%\t S
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
gate. The design of the controlled entrance shall be
reviewed and approved by the Public Works Depart-
ment and Fire Department. The entry gate shall have
a minimum clear opening of 16 feet. The control
gate shall be equipped with Opticam and Nox Box
devices for emergency access as approved by the Fire
Marshal. The gated entry shall have a minimum of
two lanes in (one for visitors and one for owners).
The guard gate shall be positioned so that a minimum
of 80' is provided for automobile stacking.
14. That additional right -of -way be dedicated to the
public along the University Drive frontage to provide
a right -of -way width of 118 feet with an additional 6
foot dedication easterly of the proposed entrance for
a deceleration lane; and that frontage improvements
be constructed to provide for a third west bound lane
on University Drive along the project frontage with a
deceleration lane at the entrance to the proposed
development.
15. That additional right -of -way be dedicated to the
public along the Jamboree Road frontage to provide
a minimum right -of -way width of 142 feet; and that
frontage improvements be constructed to provide for
a fourth north bound lane on Jamboree Road along
the project frontage.
16. That easements be provided for public emergency and
security ingress, egress and public utility purposes on
all private streets and parking bays be dedicated to
the public within the development; that the location,
width and configuration of the easements be reviewed
and approved by the Utilities and Public Works
Departments; and that the easements be dedicated
prior to recordation of the tract map unless otherwise
approved by the Public Works Department.
17. That asphalt or concrete access roads shall be provid-
ed to all public utilities, vaults, manholes, and junc-
•
-25-
COMMISSIONERS
41- ivoa\�%\\&'
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
'ROLL
CALL
INDEX
tion structure locations, with width to be approved by
the Public Works Department.
18. That all vehicular access rights to Jamboree Road be
released and relinquished to the City of Newport
Beach. That all vehicular access rights to University
Drive be released and relinquished to the City of
Newport Beach except at the proposed private street
entrance and utility access as approved by the Public
Works Department.
19. That street, drainage and utility improvements be
shown of standard improvement plans prepared by a
licensed civil engineer.
20. That 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 on -site im-
provements prior to recording of the tract 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 develop-
er. That the design of the storm drain system meet
the National Pollutant Discharge Elimination System
(NPDES) Standards.
21. That water and sewer service for the subdivision shall
be provided only by the City of Newport Beach unless
otherwise approved by the Newport Beach Utilities
Department.
22. That the water system be looped between University
Drive (Zone 3) and Jamboree Road (Zone 2) with a
pressure regulating station provided unless otherwise
approved by the Utilities Department.
23. That a 10 foot wide Easement be provided from the
Jamboree Road frontage in order to loop the pro-
posed water system . The easement shall be paved
•
-26-
L
COMMISSIONERS
�ctO�c0�0%\
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
with a hard surface unless otherwise approved by the
Public Works Department in order to provide mainte-
nance capabilities.
24. That County Sanitation District fees be paid prior to
issuance of any building permits.
25. That fire hydrants be spaced a maximum of 300 feet
apart unless otherwise approved by the Fire Marshall
and that a fire hydrant must be located within 25 feet
of all Fire system pump connections.
26. That the Water Capital Improvement fee be paid.
27. 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.
28. That the Public Works Department plan check and
inspection fee be paid.
29. That any Edison transformer serving the site be
located outside the sight distance planes as described
in City Standard 110-L.
30. Disruption caused by construction work along road-
ways and by movement of construction vehicles shall
be minimized by proper use of traffic control equip-
ment and flagmen. Traffic control and transportation
of equipment and materials shall be conducted in
accordance with state and local requirements.
There shall be no construction storage or delivery of
materials within the Jamboree Road or University
Drive rights -of -way unless otherwise approved by the
City Traffic Engineer.
.
-27-
COMMISSIONERS
d h\ r.,t�d �
'�p ors �r
-�1 �,N �
L
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
31. That overhead utilities serving the site be under -
grounded in accordance with Section 19.24.140 of the
Municipal Code unless it is determined by the City
Engineer that such undergrounding is unreasonable or
impractical.
32. 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.
33. That the existing vehicular access be maintained off
of Jamboree Road at the Jamboree Road bridge to
provide for County Flood Control access to San
Diego Creek and Bonita Creek. The design of this
access shall be approved by the county of Orange and
the City Public Works Department.
34. That Lots A, B & C be privately owned, landscaped
and maintained. Landscaping shall be installed as
described in the approved site plan.
35. Subject to feasibility and approval by the TCA, that
the future freeway ramp right -of -way on Jamboree
Road be graded to future ramp grades unless other-
wise approved by the Public Works Department.
36. Prior to recordation the map shall be revised to
delete the term "Vesting" and correct statistical
errors and section labeling errors.
37. Lot C shall be divided adding a Lot D which would
encompass the portion of Lot C facing Bonita Creek
and containing the improved bicycle trail. Lot D shall
be dedicated to the City of Newport Beach.
38. Notwithstanding the maintenance of Lots A, B and C
as private open space, all lettered lots shall be
28
4
4
COMMISS.rIIONERS
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
deemed as satisfying the requirements for open space
dedication contained in the Circulation Improvement
and Open Space Agreement.
D. Site Plan Review No. 72
Findings:
1. That the development of the project will not preclude
implementation of specific General Plan objectives and
policies if in accordance with the plans as modified by
the condition for approval.
2. That the value of the property is protected by preventing
development characterized by inadequate and poorly
planned landscaping, excessive building bulk, inappropri-
ate placement of structures and failure to preserve where
feasible natural landscape features.
'
Conditions:
1. That development shall be in substantial conformance
with the approved conceptual grading plan, landscaping
plan, site plan, floor plans and elevations, except as
modified in the following conditions and those imposed
on the Tentative Tract Map.
2. That this site plan review shall expire unless exercised
within 24 months from the date of approval as specified
in Section 20.01.070 K of the Newport Beach Municipal
Code.
3. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further review
by the Traffic Engineer for compliance with City policies,
standards and codes.
4. That the on -site circulation system connect to the existing
Bike Trail along San Diego Creek between buildings 14
'
-29-
L
COMMISSIONERS
NO
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
and 15 in a manner approved by the Public Works
Department.
5. That the design of the private streets and drives conform
with the City's Private Street Policy (L•4), except as
approved by the Public Works Department. The basic
roadway width shall be a minimum of 32 feet. The
location, width, configuration, and concept of the private
street and drive systems shall be subject to further review
and approval by the City Traffic Engineer for compliance
with City policies, standards and codes.
6. That the intersection of the private streets and drives be
designed to provide sight distance for a speed of 25 miles
per hour. Slopes, landscape, walls and other obstruction
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, subject to
approval of the Traffic Engineer.
7. That if it is desired to have a control gate at the en-
trance, a turnaround shall be provided prior to the gate.
The design of the controlled entrance shall be reviewed
and approved by the Public Works Department and Fire
Department. The entry gate shall have a minimum clear
opening of 16 feet. The control gate shall be equipped
with Opticam and Nox Box devices for emergency access
as approved by the Fire Marshal. The gated entry shall
have a minimum of two lanes in (one for visitors and one
for owners). The guard gate shall be positioned so that
a minimum of 80' is provided for automobile stacking.
8. That fire hydrants be spaced a maximum of 300 feet
apart unless otherwise approved by the Fire Marshall and
that a fire hydrant must be located within 25 feet of all
Fire system pump connections.
9. That the existing vehicular access be maintained off of
Jamboree Road at the Jamboree Road bridge to provide
-30-
COMMISSIONERS
Ask
CITY OF NEWPORT BEACH
MINUTES
January 5 1995
• -31-
ROLL I
INDEX
CALL
for County Flood Control access to San Diego Creek and
Bonita Creek. The design of this access shall be ap-
proved by the county of Orange and the City Public
Works Department.
A. General Plan Amendment No. 94 -3 (A) (Public Hearine) I
Item No. 6
Request to amend the General Plan Land Use and G
GPA 94 -3 (A)
Recreation and Open Space Elements, and the Local A
Approved
Coastal Program, Land Use Plan for the CalTrans West
parcel. This request would change the land use designa- R
Resolution
tion of Multi - Family Residential with an allocation of 152 N
No. 1378
dwelling units to add an alternate designation of Recre-
ational and Environmental Open Space which may be
implemented subject to specific criteria set forth in the
General Plan.
' G
AND
B. Local Coastal Program Amendment No. 35 (Public L
LCP No. 35
Hearing)
Approved
Request to amend the Local Coastal Program, Land Use R
Resolution
Plan for the CalTrans West parcel. This request would N
No. 1379
change the language of the LCP to be consistent with
that approved in General Plan Amendment 94 -3(A).
AND
4
COMMISSIONERS
2 Yp o
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
INDEX
CALL
C. Amendment No. 815 a!uhlic Hearing)
A 815
Request to amend the Planned Community District
Approved
Resolution
Regulations for the CalTrans West Planned Community.
This amendment will cross reference the provisions of
No. 1380
General Plan Amendment 94 -3(A) in order to maintain
internal consistency between the General Plan and
Zoning Regulations.
INITIATED BY: The City of Newport Beach
In reviewing the subject applications, Patty Temple, Advance
Planning Manager, stated this hearing represented the first
step in the approval of an issue that has been discussed
within the City for approximately two years. She said that
the City first received a General Plan Amendment request
from a group of West Newport Beach area residents who
were interested in facilitating the City's acquisition of the site
for open space purposes. The Department of Transporta-
tion objected to the redesignation of the land use of the site
from its current designation of single family attached, and
the City had its own reservations regarding legal implications
that might be incurred by a unilateral redesignation. During
the past several months, the City Attorney's Office and the
Public Works Department have been working with the Right -
of -Way Manager for CalTrans in order to develop the
language presented in the staff report, and which has been
approved by the local Office of the State Department of
Transportation.
Ms. Temple stated the City had been recently contacted by
a concerned resident who expressed concern regarding why
another parcel owned by the State Department of Transpor-
tation, located on the opposite side of Superior Avenue from
the subject site, had not been included in current General
Plan Amendment request. Ms. Temple distributed a map to
the Commission to better define the location of the two
separate sites. She explained the site the resident questioned
had a land use designation of Governmental, Educational
and Institutional Facilities and was assigned no actual square
'
-32-
COMMISSIONERS
Y0o sr d ,yo
R
C
0
•
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
OLL
ALL
INDEX
footage allocation in the General Plan. Ms. Temple stated
that past discussions have focused on providing a mechanism
whereby the existing multi - family entitlement on the Cal -
Trans West property could be transferred or handled in
some other way in order to potentially help the City acquire
the site as open space. She continued that there might be
persons who testify at tonight's hearing and request that this
site be incorporated into any action taken tonight. However,
this particular property has not been discussed directly with
the representatives of CalTrans and they have no knowledge
that the City aright be considering a land use change or any
other disposition. It also has not been included in any public
hearing notices or legal descriptions prepared for the public
hearing. Ms. Temple suggested if it were the Commissions'
desire to further address this particular property, staff would
enter into further discussions with representatives of the
State Department of Transportation and suggest another
General Plan initiation in February.
Responding to an query from Commissioner Di Sano, Ms.
Temple stated she saw no reason to defer action on the
subject application. She explained that the two sites are on
opposite side of a four -lane arterial highway; there is no
direct connection between the two except by ownership; the
City would need to work with CalTrans to make sure they
were informed and satisfied with the nature of the action
taken in regards to the residual parcel; and the two sites
would be addressed separately within the General Plan.
Discussion ensued between staff and Commissioner
Ridgeway regarding what the current land use designation
would permit on the residual site and what the potential use
might be. Planning Director Hewicker stated that the site,
zoned as Planned Community, lacks any entitlement under
both the General Plan and the Zoning Ordinance. It is not
part of the Hoag Hospital expansion, and would require
public hearings before the Planning Commission and City
Council.
-33-
COMMISSIONERS
O s'
R O
•
CJ
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
OLL
CALL INDEX
Replying to a request by Commissioner Adams to provide an
example of transfer of entitlement, Advance Planning
Manager Temple stated that under the existing Land Use
Element of the General Plan, approved in 1988, there is a
broad ability to transfer entitlement on a Citywide basis on
a like use for like use basis. The subject proposal presents
a very clear and specific ability plus some incentives, i.e.
Park Dedication Credits, to do so. While to date, there has
not been any residential transfer, there was recently transfer
of entitlement from the Bayview Landing site to Fashion
Island. Discussion followed. City Attorney Burnham stated
that also, there had been effective provision of transfer of
potential development from the Buck Gully Site to the 5th
Avenue and Marguerite Projects several years back as well
as transfer of entitlement from the Newport Village site.
Ms. Temple stated that while these referenced transfer of
entitlements had been accomplished within the General Plan,
there has not been any transfer where a project actually has
been built.
Responding to a query from Commissioner Adams regarding
the method for transfer of entitlement as it would apply to
the subject site, City Attorney Burnham stated the entitle-
ment assigned to CalTrans West site would be transferred in
whole or in part to another parcel. If the transferee parcel
was zoned differently, the entitlement would be converted to
a traffic equivalency, that is the residential entitlement would
be converted to the average daily trip generation rate, and
then it would be converted back to the intensity of land use
that would equal that trip generation rate. Whatever is
physically proposed for the receiving parcel under the
entitlement transfer would be subject to a traffic study as
well as Planning Commission and City Council approvals.
The entitlement agreement would be subject to any possible
changes in the Traffic Phasing Ordinance.
The public hearing was opened in connection with this item
and Ms. Louise Greeley, Chairman of the Committee for the
Acquisition of Sunset Ridge (formerly known as CalTrans
West), addressed the Planning Commission. Ms. Greeley
-34-
41
COMMISSIONERS
t d�
CITY OF NEWPORT BEACH
101011y1TD?.�
January 5, 1995
OLL
CALL
INDEX
stated this was a happy conclusion to many months of
meetings and expressed her appreciation to the staff for their
creativeness in working with CalTrans to formulate the
proposed applications. She said that before the realignment
of Superior Avenue, the two CalTrans parcels had been one,
and in her mind and many others, the two parcels are still
considered as CalTrans West and opined that the residual
site should be pan of the open space in the West Newport
area.
Discussion followed regarding the issues and processes
involved to ensure the preparation of a General Plan
Amendment for the residual CalTrans parcel in the February
initiation schedule.
Mr. William Jennings, 280 Cagney Lane, appeared before
the Planning Commission, endorsed the proposed project as
presented and encouraged subsequent action on the residual
parcel as discussed above. In answer to a question posed by
Commissioner Ridgeway, Mr. Jennings stated he did not feel
that the parcel was suitable for an active park site, however,
he opined it would serve nicely as a view park.
Ms. Marilyn Tabor, 102 Sholz Plaza, appeared before the
Planning Commission and stated her support of the subject
applications and her hope that the smaller parcel would be
acted upon as discussed earlier.
Mr. Dave Bent, 4904 Seashore Drive, President, West
Newport Beach Association, appeared before the Planning
Commission, and stated his interest and support for the
proposed project.
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
Chairman Gifford expressed her appreciation to Ms. Greeley
and staff for their efforts in formulating the subject proposal.
'
-35-
Mod
Vial
4
COMMISSIONERS
�O
CITY OF NEWPORT BEACH
MINUTES
January 5, 1995
ROLL
CALL
INDEX
*
Motion was made to approve of General Plan Amendment
.on
94 -3(A) (Resolution No. 1378), Local Coastal Program
Amendment No. 35 (Resolution No. 1379), and Amendment
No. 815 (Resolution No. 1380).
In responding to a question from Commissioner Ridgeway,
Public Works Director Webb stated that although a formal
plan had not yet been developed, the subject parcel would
support at least one soccer field and several baseball
diamonds. Commissioner Ridgeway voiced his support of
the motion.
Ayes
Motion was voted on. MOTION CARRIED.
:ss
ADJOURNMENT: 9:10 p.m.
Adjournment
sss
GAROLD ADAMS, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSIO
-36-