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HomeMy WebLinkAbout01/07/1999• u • CITY OF NEWPORT BEACH Planning Commission Minutes January 7, 1999 Regular Meeting - 7:00 p.m. ROLL CALL Commissioners Fuller, Ashley, Selich, Gifford, and Kranzley - Commissioner Gifford arrived at 7:18 p.m. STAFF PRESENT: Sharon Z. Wood, - Assistant City Manager Robin Clouson, - Assistant City Attorney Rich Edmonston- Transportation and Development Services Manager Ginger Varin - Planning Commission Executive Secretary Marc Myers - Associate Planner Minutes of December 10,1998: Motion was made by Commissioner Ashley and voted on, to approve as written the December 10, 1998 Planning Commission Minutes. Ayes: Fuller, Ashley, Selich, Kranzley Noes: None Absent: Gifford Abstain: None Public Comments None Postina of the Aaendo The Planning Commission Agenda was posted on Friday, December 31, 1998 INDEX Minutes Approved Public Comments Posting of the Agenda • • City of Newport Beach Planning Commission Minutes January 7, 1999 SUBJECT: Newport Harbor Yacht Club Parking Lot 711, 713,715 West Bay Avenue • Use Permit No. 3645 Request to permit a parking lot use on three lots located in the R -2 District. The use of the three lots will be for the expansion of an existing off - street parking lot. Assistant City Manager Wood presented proposed condition amendments to UP 3645. Condition 4 is proposed to read Storage of boats, trailers and similar equipment shall be permitted only in the fifteen 051 parking spaces immediately south of the east -west alley at the eastern end of the parking lot...._ This is to keep the storage of boats and trailers to exactly where it is today. Staff, neighbors and the applicant agree to this edition. Condition No. 10 is proposed to read, The landscaping reauired in Condition 6 shall be installed no later than (3) years after the commencement of demolition of one or more of the existing structures on the subiect premises, or upon sale of one of the three residential properties which is adjacent to the expanded parking lot, whichever occurs sooner..... This is to address the fact that the Yacht Club intends to do this project in phases. The club now owns all three residential properties where the expansion is to occur. This puts a time line on the landscaping at the edge to within three years whether they do the second phase or, if they should sell one of those properties to another residential user. The applicant and the representative of the neighbors in the area have reviewed and agree to this edition as well. Chairperson Selich noted that if there is more than two years between the phases taking place, Standard Requirement Condition No. 8 provides that the Use Permit shall be considered exercised upon the extension of the first parking lot. Commissioner Fuller discussed the land use of any parcels that the club might sell. Would they have any restrictions as for as the use as a parking lot and was answered that the lots would retain the residential zoning. Public comment was opened. Tom Garrett, Commodore of the Newport Harbor Yacht Club, stated that they have read and fully agree to the staff report and the findings and conditions of Use Permit No. 3645. At Commission inquiry, he stated that this proposed expansion would provide more parking spaces for the club. The boat storage is restricted for certain times during the year and for a limited duration. The club hosts national regattas where boats come in from all over the country, so there are times when the club needs to have other areas available. A sea wall went down at the club on June 26th and they are in the process of obtaining approvals and permits to restore it. We have had to move some boats stored in the east yard pending the reconstruction of the wall. The boats in that area will hopefully be gone in the near future. INDEX Item No. 1 UP 3645 Approved • City of Newport Beach Planning Commission Minutes January 7, 1999 Public comment was closed. Motion was made by Commissioner Kranzley to approve Use Permit No. 3645 with the attached findings and conditions in Exhibit A as amended. Ayes: Fuller, Ashley, Selich, Kranzley Noes: None Absent: Gifford, Abstain: None Findinas: The proposed development is consistent with the General Plan. The site is designated Two - Family Residential, and a no fee private parking lot for automobiles is permitted within this designation. 2. The project has been reviewed, and it has been determined that it is categorically exempt under Class 11 (Accessory Structures) from the requirementsof the California Environmental Quality Act. 3. The approval of Use Permit No. 3645 will not, under the circumstances of • the case be detrimental 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, and is consistent with the legislative intent of Title 20 of this Code for the following reasons: • Additional parking for the yacht club will benefit the neighborhood by reducing on- street parking demand in the area. • Adequate provision for vehicular traffic circulation is being made for the parking lot facility. • Adequate access to the site is provided. • The landscape area along the streetside property line, required as a condition of approval, will enhance the streetscape view of the property. • A condition has been included to control parking lot lighting. • The boundary fence height along the east side of the parking lot should minimize impacts on residential uses adjacent to the lot. • The landscaping along the east side of the property should minimize impacts on the residential uses adjacent to the lot. • The existing trees and landscape along the perimeter of the site will be kept and maintained in place and will obscure the view of the parking lot from the surrounding residential uses. • Fences will not interfere with sight distance. • • The design of the proposed improvements will not conflict with INDEX • City of Newport Beach Planning Commission Minutes January 7, 1999 any easements acquired by the public at large for access through or use of propertywithin the proposed development. The parking lot is consistent with the intent of the General Plan and will not result in any adverse traffic impacts. The existing parking lot with similar fence, landscaping and lighting has not adversely affected neighbors. Conditions: That development shall be in substantial conformance with the approved site plan except as noted below. 2. The existing unused drive approaches shall be removed and replaced with curb, gutter and sidewalk as needed along the West Bay Avenue frontage. The water services and sewer laterals shall be abandoned as required by the City's Utility Engineer. All work shall be completed under an encroachment permit issued by the Public Works Department. 3. The applicant shall provide a 6 foot high fence along the east border of the parking lot adjacent to the residential lot. Further, the applicant shall install a new fence to match the existing fence along the north boundary of the parking lot built to a minimum height of 2 feet 6 inches. • The fences shall be constructed in accordance with Chapter 20.60 of the Municipal Code and the approved plans. 4. Storage of boats, trailers and similar eauioment shall be permitted onl in the fifteen lJ parkina spaces immediately south of the east -west alley at the eastern end of the parking lot. Such storage shall be permitted only during the months of April through October, and no piece of equipment shall remain stored for a period longer than 2 weeks. 5. The parking lot shall be maintained in a clean and orderly manner. 6. A planter area of 5 feet shall be provided between the east property line and the boundary fence, and shall be landscaped with a creeping or clinging vine, shrubs or ground cover. 7. The perimeter property line of the parking lot shall be appropriately landscaped with bushes and shrubs to obscure the direct view of the parking lot. Three, 24 -inch box Indian Laurel trees spaced 17 feet on center shall be provided on the parking lot side of the boundary fence at the easterly end of the new parking area. The new landscaped planter area on the north side of the lots along West Bay Avenue shall include a minimum of one new 15 gallon Indian Laurel tree. An additional landscaped planter area shall be provided at the comer of • the property adjacent to the east property line. A landscape plan shall INDEX • City of Newport Beach Planning Commission Minutes January 7, 1999 be submitted, reviewed and approved by the Public Works, General Services and Planning Departments. The approved landscaping shall be installed in accordance with the approved plan and shall be permanently maintained in a clean and orderlyfashion. 8. The use of outdoor speakers or paging system shall be prohibited in the parking lot area. The public alleys shall be kept accessible and open for free passage by the public at all times. Parking, storage and staging of vehicles in the public alleys is prohibited. 10. The landscapina reauired in Condition 6 shall be installed no later than (31 Years after the commencement of demolition of one or more of the existing structures on. the subject premises, or upon sale of one of the three residential properties which is adjacent to the expanded parking lot, whicheveroccurs sooner. All other landscaping and fences shall be installed in accordance with the approved plans and conditions of approval no later than 60 days after the commencementof demolition of one or more of the existing structures on the subject properties. • 11. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 12. A curb cut and ramp shall be installed at the Clubhouse trash room on the north side of West Bay Avenue to permit servicing of dumpsters from the street. Standard Requirements: The project shall comply with State Disabled Access requirements. 2. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. • INDEX • City of Newport Beach Planning Commission Minutes January 7, 1999 3. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 4. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review and final approval by the City Traffic Engineer. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. This Use Permit shall expire unless exercised within 24 months from the • date of approval as specified in Section 20.91.050 A of the Newport Beach Municipal Code. This Use Permit shall be deemed exercised upon extension of the parking lot to include 715 West Bay Avenue. xxx SUBJECT: 1301 Quail Street and 1001 Quail Street HEV- Newport Beach, LTD. and Lennar Partners (applicants) Approve: Accept the Negative Declaration as adequate for approval of the project; and Adopt Resolution 98 -_, recommending approval of General Plan Amendment No. 98 -1(C); and Adopt Resolution 98 -, recommending approval of Planned Community Amendment No. 880; and Use Permit No. 3640 Lot Line Adjustment No. 98 -13 Traff ic Study No. 118 With findings and conditions in Exhibit "A. INDEX Item No. 2 Negative Declaration GPA 98-1 (C) A No. 880 UP No. 3640 LLA No. 98 -13 TS No. 118 A request to permit the construction of an extended -stay hotel and an office I Approved • building. The project involves the approval of: 6 • City of Newport Beach Planning Commission Minutes January 7, 1999 • a General Plan Amendment and PC Amendment. The General Plan Amendment is required to permit the development of the extended stay hotel and the office building. The PC Amendment involves modifications to the PC text development standards to accommodate the construction of the proposed buildings. The PC text modifications to the development standards include, but are not limited to: • increasing the square footage entitlement in Block I of Newport Place Planned Community, • changing the land use designation at 1301 Quail Street from Industrial to Hotel, • changing the land use designation at 1001 Quail Street from Auto Center to Professional and Business Office, • establishing a 60 foot height limit for the hotel site, • establishinga 95 foot height limit for the office site, • establishing new street -side front yard, and side yard setback requirements, • a Use Permit for the establishmentof an extended stay hotel, • a Lot Line Adjustmentto combine two adjacent parcels, and a Traffic Study. • Associate Planner Marc Myers presented the following additional information to the Commission: • Staff and the City's consultants have prepared responses to all of the comments raised in letters dated December 8th and 10th by the owners of the Quail Business Center. • Further information has been provided regarding shared parking, shade /shadow analysis, building heights in the vicinity, and the building setback of the Quail Business Center building from the propertylines. • Letter from the applicant indicates there is no intention for the hotel to share parking with the proposed office building and adjacent parking structure since the hotel facility is providing a surplus number of parking spaces on -site. • The shade /shadow analysis indicates in all instances, the proposed hotel building would have impacts the some as, but in no case worse than, a building which can be developed "by right" under the current regulations. Graphic displays of the analysis have been prepared for illustration. • Proposed height limit for the hotel site is 60 feet. Although some of the existing buildings in the general vicinity are two or three stories in height, the Newport Place Planned Community Regulations permit a maximum height of 6 stories across Quail Street to the northeast, and 8 stories across Spruce Street to the north west. While the existing development on these sites may not reflect the full potential of the height limit, the current development regulationsdo permit a structureto be builtto these heightlimits. • Reduced plans of the Quail Business Center Building are attached to the • staff report and indicate the location of the building to the surrounding f>;T7� 1 • City of Newport Beach Planning Commission Minutes January 7, 1999 property lines. The QBC building is approximately 10 side property line adjacent to the proposed hotel site. Concluding, Mr. Myers indicated that staff continued to receive written comments regarding the project after the staff report was delivered. Additional responses to each of the comments have been prepared and are presented in a packet to each of the Commissioners. Upon further detailed analysis of all of the new information presented, staff remains of the opinion that the project, together with the suggested conditions of approval and mitigation measures, does not result in a significant environmental impact. Mr. Myers clarified that on the front page of the staff report, there is a typographical error. The fifth bullet point should read, ... establishing a 60 -foot height limit for the hotel site, rather than a 50 -foot height limit. Chairperson Selich noted that due to the amount of information just received, so that the Commission can give due and fair consideration to this item, he would call for a fifteen- minute recess to review the information and then reconvene. Following a brief discussion, the meeting was recessed until 7:30 p.m. The Planning Commissioners were advised not to discuss this material with each other until they come back to the public hearing. • Chairperson Selich recessed the meeting at 7:15 p.m. Commissioner Gifford joined the meeting in time to review the additional packet and resumed her place. Chairperson Selich reconvened the meeting at 7:30 p.m. Commissioner Kronzley noted in the vicinity map that the properties across Spruce and Quail were allowed to be six and eight stories by right. Mr. Myers then pointed out the specific properties on the exhibit on page 76 in the staff report. He pointed out Industrial Site 3A in the Land Use Plan of the Newport Place Planned Community allows for six story buildings. Commissioner Fuller then brought up a discussion on the parking ratio on the hotel. Disregarding the employees that work in the hotel, where does everyone park, what is the logic behind two rooms for one space? Mrs. Wood stated the logic behind it is the assumption that not everyone arrives in a car that he or she drives himself or herself. A numberof guests will come by airport shuttle or by taxicab. People who are on business trips will rent one car for two, three or four people. Commissioner Ashley stated that the parking standards as regulated by the Zoning Code can be addressed at a later date. Continuing, he noted if there • are 304 keys in this hotel, for every room that is available for occupancy, and INDEX • City of Newport Beach Planning Commission Minutes January 7, 1999 using the 7017. rate, it would be roughly 210 parking spaces and 281 spaces are being provided by the applicant. Mr. Rich Edmonston, Transportation and Development Services Manager noted -that in the initial response to comments previously distributed, there was a comment about the mitigation measure for Irvine and Mesa that indicates that it is a county project, fully funded. This was the initial information received by staff, however, the information now is that it is not currently fully funded. Measure M funds have been requested by the County for the remainder of the funding and the City will not know the outcome of that application until March or April of this year. The traffic study note contains an alternate or optional mitigation which is a simple re- striping and re- phasing of the signal that can be done by the City at the time traffic problems arise if the widening did not occur. The alternate or optional mitigation measure can be funded through the use of fair share fees collected from this project. Fair Share Fees are an automatic requirement of the Municipal Code. Public comment was opened. Coralee Newman, Principal at Government Solutions at 120 Newport Center Drive spoke representing both applicants, Holtze Executive Village and Lennar • Partners. At Commission inquiry, she stated that they have read and concur with the findings and conditions attached to the staff report. She noted a number of graphics relative to the shade /shadow analysis posted on the wall were to be explained by their architects. Mr. Paul Tometz of HOK Architects, architect for the office building explained the exhibit which depicts the worst case shadow (December 21st at 9:00 a.m.) because of the angle of the sun. The graph shows that the shadow from the office building did not even extend to the propertyline of Quail Business Center. Mr. John Van Tillberg, architect for the Holtze Executive Village displayed and explained twelve diagrams to portray a more complex, comprehensive depiction. He then proceeded to explain that the diagrams, all oriented in the same way, show the some time on each of the following days: December2lst at 9:00 a.m. and 4:00 p.m. March 21st at 9:00 a.m. and 4:00 p.m. June 21st at 9:00 a.m. and 4:00 p.m. September2151 at 9:00 a.m. and 4:00 p.m. Mr. Tillberg explained the depictions of a "by right' 35 -foot building and his building which is a three -story building that steps up to a four -story building. The Quail Business Center building shading was also referenced during the presentation. He noted that these graphs were based on computer generated software program and that the worst case shadowing would be December 21 st INDEX City of Newport Beach Is Planning Commission Minutes January 7, 1999 at 4:00 p.m. Even at this time, the shadow from the proposed hotel no greater than that from a "by right" building. Ms. Newman stated that this completes their comments and concluded requesting that an affirmative decision be made tonight by the Commission. Appearing in opposition to this project were: Michael Watkins - owner of one of the office spaces in Quail Business Center referencing the posted diagram noted that the 4 -story building would completely dwarf his 2 -story building. He stated that the applicant should raise a type of structure that shows exactly the outline of the building and how it will affect QBC just like the residential developers do within the community. Jim Gianulius- 1 105 Quail Street • Entrance into the parking structure should be from Dove Street. • Parking is inadequate. • Stacking is a problem. • Does not agree with the setbacks. • Challenged the presented shadow analysis. • Requests a continuance to study these issues. • Commissioner Kranzley asked about the issue of fire lanes and the approval of the building. Staff answered that this application has been reviewed by the Fire Department. Mr. Edmonston stated that the issue of restricting access off Quail Street was not covered in the traffic study. A diagram has been done to depict staff's best guess and staff consultant's best guess as to how much traffic would actually be going in and out of each driveway to this project during peak periods. The increased numbers are not unusually large for projects in a commercial area such as this. Robert Albourn, 2601 Main Street representing the Colton Company that owns three buildings at Newport Place, 901, 1001 and 1007 Dove. He expressed his concern that there was an allocation of density to each of the parcels as the Newport Place Planned Community was developed in the 70's and 80's. In reference to the center parcel where the Colton property is located, are we taking density away from that property thereby depriving Colton from recycling this property at a later date to a higher and better use? These properties developed in the 70's and 80's are timed to be recycled. The center triangle had 819,000 square feet allocated and it was designed for six stories. The original text called for a different density on the other sites that might have been amended since then. • Mr. Myers answered that in the General Plan of Newport Beach as well as in the 10 INDEX City of Newport Beach Planning Commission Minutes January 7, 1999 Newport Place Planned Community Development Regulations, both documents set forth square footage entitlements for specific individual blocks of land within the area of the boundaries of the Newport Place Planned Community. These projects individually and separately do not affect the amount or take away any square footage entitlement that is being referred to in that particular block. They are site specific to these sites. Staff has even gone so for as to make them specific to the site within the block rather than to just assign them to the entire block. The entitlementthat this approval would grant would only be to those specific parcels. Frank Battaile, lawyer for Quail Business Center Association and the six property owners at QBC stated he has reviewed the City Attorney's letter and the project applicant's lawyer letter and disagrees with everything that was said. He continued stating that everything he said in his previous letters he still stands by. The new issues are these: • The 55 to 73 ramp is not funded and no one can make sure that ramp can happen. • The alternative mitigation of striping and lighting is not in the Negative Declaration. Chairperson Selich noted Mr. Battaile had the wrong project. The project not funded is the Irvine /Mesa Drive. The 55/73 is funded. Continuing, Mr. Battaile noted: • The study of the traffic going in and out of the parking entrance he has not seen. He would like an opportunityfor review and comment. • He then presented an aerial photo showing the kinds of buildings in the area. He stated that the nearest building that is taller than two stories is 950 feet away from Quail Business Center, across Quail and Spruce they are either one or two stories. • Off in the distance you can see a seven story, a three story and a ten story building. But nothing like that only ten feet away. • The characterization of the neighborhood being as mid to high rise, two and three story buildings is incorrect. Under CEQA, you have to look at what is really there and to conclude that this project is compatible with the environment, and it is not. Commissioner Kranzley noted that in the staff report the property immediately across the street on Quail and on Spruce are "by right" capable of building up to eight and six stories respectively. Even though the buildings currently there may not be built to that level, "by right ", six and eight story buildings could be built. Were you aware of that? Mr. Battaile answered that he was aware of that and stated the important point is, what is there now. Under CEQA, they have to look at existing . conditions. 11 INDEX City of Newport Beach • Planning Commission Minutes January 7, 1999 • Commissioner Kranzley stated that what is important is what the property owners can do "by right" without coming for approvals. Victor Mahoney, CFO of the Quail Business Center noted his opposition: • Design of project needs to be improved according to the original development standards. • Traffic study for the triangle. • Parking ratio - ULI standard for hotels is 1.25 spaces per occupied unit. The average occupancy in Orange County is 85 %. The hotel site is under parked. • Shade /shadow analysis - may not be an exact picture as a "by right' building may not be able to go in there due to the fire safety issue. Computer model is inaccurate. It is more than an inconvenience. He concluded, asking for a continuance of thirty days or for the Commission to deny this project. Ms. Newman stated that Mr. Tometz would address on the office building, the stacking at the parking garage and the fire safety of the buildings. Shade and shadowing as referenced in the staff report makes all the discussion clear and basically states that a "by right' project will have adverse impacts the same as or worse than the proposed Holtze Hotel. Mr. Tometz noted the following: • Fire lane access - through the Fire Department meetings has been resolved (referenced exhibit and pointed out the access and turn around) • Adequate parking - parking is parked over city standards • Stacking - internal study for that issue at the two entries reports that 65 feet is needed for stacking distance and they have in excess of 70 feet to the curb plus a 50 foot separation between the driveways. (referencing exhibit, showed where these dimensions were) Mr. Van Tilburg noted the following: • Fire lane access - through the Fire Department meetings will be along Spruce, Quail and along the back (referencing the exhibit showed where the access would occur), plus there is a special alarm system to all the rooms that satisfies a requirement of the City. He noted that there will be no building permit without Fire Department approval. • At Commission inquiry noted that the diagrams show changes and that the sun is what changes angles. The compass on the exhibit shows the position of the sun as depicted by the shadow analysis. Ms. Newman stated in conclusion that these are good uses for the site and will benefit the city and asked for approval. 12 INDEX • City of Newport Beach Planning Commission Minutes January 7, 1999 Public Comment was closed. Commissioner Ashley stated his support for this application noting that at the time this property was developed, it was conceived as an urban place. The reason for one or two story buildings at that time was that there was not a sufficient demand to support a more intensified use. Now, there is a potential to recycle the entire area and there will be a more intense development materializing. The buildings are going to be higher and larger than they are currently. This property is located in a very urban center, devoted to largely commercial and industrial uses, no residential, The impact that this outstanding project will have on the City of Newport Beach should not be curtailed simply because there is going to be a shadow line resulting from a more intense use. I believe that staff and the consultants have responded intelligently and reasonably to all of the positions that the parties that are opposed to this particular project have brought forward. Commissioner Fuller stated there are two projects here, the office building and the hotel. I support the office building, but I had concerns with the hotel. Most of those concerns have been alleviated. The 73/55 roadwork has been funded and this is a pivotal item. This project will not be built until the Fire Marshall is satisfied. The shadowing as portrayed by the analysis compared • with the "by right" building is no significance difference. I sympathize with the people in the Quail Business Center about the shadowing, but a "by right' building would still be a similar problem. One of the shopping center owners to the south of the project was in support of this project. The issue is not really if the parking code is adequate for the hotel, but, a review of this project based on the code that is in place. It meets the Code and then some. I therefore am in support of this application. Commissioner Gifford noted that in consideration of all of the evidence presented and all the discussion that has taken place with respect to traffic, CEQA issues, shade /shadow issues and the public safety issues including crime and fire, I am not persuaded that there are any sufficiently well founded objections to justify continuing this or denying this project. I understand that the Quail Business Center people find it undesirable to have their building impacted, but that is simply what is permitted. I am in support of the application. Chairperson Selich stated that the Mitigated Negative Declaration is more than adequate. There is information in there that exceeds what is found in many Environmental Impact Reports. The decision before the Planning Commission is not an environmental issue but a policy issue in regards to the type of development that we want to see. I was concerned with the shadow aspect and the proximity of the building to the proximity to the Quail Business Center, but the analysis that was presented convinces me that it does not • really have an impact above and beyond that which is permitted by a 13 liz" • City of Newport Beach Planning Commission Minutes January 7, 1999 building that could go up there "by right' without any use permit from the City. The other concern was an aesthetic with the design, height and proximity, but in evaluating the elevations and what the architect has presented tonight seeing that it is a three story building next to a two story building stepping up to a four story, my concern has been alleviated. I too support this application. Commissioner Ashley complimented all the professionals that spoke tonight. This was a "high plane" presentation done by the applicants and our own staff. This is one of the most thorough examinations of issues that have been brought forward to the Planning Commission. Commissioner Gifford noted the appreciation of the Commission of the restraint exercised by not reviewing old material. The Commission appreciates the attention to the fact that a lot of material to review and a lot of time has been spent on this. Motion was made by Commissioner Ashley to accept the Negative Declaration as adequate for approval of the project; and adopt Resolution 1488, recommending approval of General Plan Amendment No. 98 -1 (C); and adopt Resolution 1489, recommending approval of Planned Community . Amendment No. 880; and approve Use Permit No. 3640; Lot Line Adjustment No. 98 -13 and Traffic Study No. 118 with findings and conditions in Exhibit "A ". Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None Findings and Conditions of Approval A. Mitigated Negative Declaration: Findings: An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. On the basis of the analysis set forth in the Initial Study and Mitigated Negative Declaration, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 3. There are no long -term environmental goals that would be • compromised by the project. 14 INDEX • City of Newport Beach Planning Commission Minutes January 7, 1999 4. No cumulative impacts are anticipated in connection with this or other projects. 5. There are no known substantial adverse affects on human beings that would be caused by the proposed project. 6. The contents of the environmental document have been considered in the various decisions on this project. Mitigation Measures: The applicant shall implement each of the design recommendations stipulated in the geotechnical reports prepared for the proposed project (Medall et. al., 1998; Converse, 1998; Stoney - Miller, 1998), subject to the review and approval of the Building Department. Those reports shall serve as the definitive guides to geotechnical mitigation requirements for the proposed office and hotel sites, in addition to standard engineering practice and local and State building codes. • 2. A geotechnical engineer shall observe all excavations, subgrade preparation, and fill placement activities on the project properties. Sufficient in -place field density tests shall be performed during fill placement and in -place compaction to evaluate the overall compaction of the soils. Test areas that do not meet minimum compaction requirements shall be reworked and retested prior to placement of any additional fill. 3. A geotechnical engineer shall observe all earthwork during construction on the project properties to confirm that the recommendations provided in the geotechnical reports (Medall et. al., 1998: Converse, 1998; Stoney - Miller, 1998) are applicable during construction. 4. The final grading, shoring, and foundation plans for the hotel and office properties shall be reviewed by a qualified geotechnical consultant as soon as they are available. The analysis, findings, and recommendations of that review shall be presented to the City of Newport Beach Building Department prior to issuance of grading permits. 5. Prior to the issuance of building permits, the Water Quality Management Plan (WQMP) submitted to the City shall specify that water quality inlets be constructed to filter hydrocarbons from water runoff before entering the storm drains. Inlet design shall be in • accordance with the Best Management Practice (BMP) standards in 15 INDEX • City of Newport Beach Planning Commission Minutes January 7, 1999 Appendix G of the County of Orange Drainage Area Master Plan (DAMP). 6. Construction activity mitigations shall include the following measures: Dust Control • Limit the simultaneous disturbance area to less than the combined project site areas and use enhanced dust control measures. The menu of enhanced dust control measures includes the following: • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway. • Use street sweepers to clean and pick up trailing dust from roads in the vicinity of the project. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. • Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed. Emissions Control • Require 90 -day low -NOx tune -ups for off -road equipment • Limit allowable idling to 10 minutes for trucks and heavy equipment. Off -Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Wash or sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. 7. The hotel operator shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be included within this requirement, particularly as they relate to pool and /or clubhouse activities. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted • below for the specified time periods: 16 INDEX . City of Newport Beach Planning Commission Minutes January 7, 1999 8. Prior to the issuance of building permits, the applicant shall submit site plans and engineering plans to the City of Newport Beach Fire Department in order to demonstrate that adequate emergency access and water supply /pressure are available to the project. 9. Prior to the issuance of building permits, the applicant shall submit lighting, landscape, and site plans to the City of Newport Beach • Police Department in order to demonstrate that employee and guest security are enhanced by site design elements. 10. The applicant shall prepare a recycling plan specifying source separation methods for both construction and operation of the project. This plan shall be submitted to the City and approved by the Director of General Services. 11. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 17 INDEX Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. interior exterior interior xe terior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential oroperty: 45 dBA 55 dBA 40 dBA 50 dBA 8. Prior to the issuance of building permits, the applicant shall submit site plans and engineering plans to the City of Newport Beach Fire Department in order to demonstrate that adequate emergency access and water supply /pressure are available to the project. 9. Prior to the issuance of building permits, the applicant shall submit lighting, landscape, and site plans to the City of Newport Beach • Police Department in order to demonstrate that employee and guest security are enhanced by site design elements. 10. The applicant shall prepare a recycling plan specifying source separation methods for both construction and operation of the project. This plan shall be submitted to the City and approved by the Director of General Services. 11. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 17 INDEX . City of Newport Beach Planning Commission Minutes January 7, 1999 B. Use Permit No. 3640: Findings: 1. The Land Use Element of the General Plan designate the site for "Administrative, Professional & Financial Commercial" uses and a hotel is a permitted use within this designation. 2. The proposed development will not have any significant environmental impact based on information presented and incorporated into the Negative Declaration. 3. 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. Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. 5. Approval of Use Permit No. 3640 will not, under the circumstances of the case be detrimental 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 and is consistent with the legislative intent of Title 20 of this Code for the following reasons: • The hotel use is compatible with the surrounding professional office and general commercial uses in the area since hotel uses are typically a support use. • The hotel operation is compatible with the character of the neighborhood since the surrounding buildings are mid and high -rise structures consisting of office uses. • Adequate on -site parking is available for the proposed use. • There are no significant aesthetic impacts. • The hotel use is consistentwith the intent of the General Plan and will not result in adverse traffic impacts. • Adequate provision for vehicular traffic circulation is being made for the hotel facility. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. • 2. The project shall provide 281 parking spaces on site. 18 8111 ;1 • City of Newport Beach Planning Commission Minutes January 7, 1999 3. Intersections of the private drive at Quail Street shall be designed to provide sight distance for a speed of 30 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. 4. 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. 5. The existing unused drive approaches shall be removed and replaced with curb, gutter and sidewalk along the Spruce Street, Dove Street and Quail Street frontages and that any displaced or cracked sections of sidewalk be reconstructed along the same street frontages. All work shall be completed under an encroachment permit issued by the Public Works Department and the California Department of Transportation along the Bristol Street frontage. 6. That all employees shall park on -site. • 7. That all trash areas shall be screened from adjoining properties and streets. 8. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Bristol Street North right -of -way. 9. The approval of Use Permit No. 3640 is subject to final City Council approval of GPA 98 -1 (C). Standard Requirements: 1. That the project shall comply with State Disabled Access requirements. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of any required public • improvements, if it is desired to obtain a grading or building permit 19 INDEX City of Newport Beach is Planning Commission Minutes January 7, 1999 to completion of the public improvements. 4. Public easements and utilities crossing the site shall be shown on the grading and building site plans. 5. 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. 6. Each building shall be served with individual water service and sewer lateral connection to the public water and sewer system unless otherwise approved by the Public Works Department and the Building Department. 7. That the proposed hotel facility and related parking structure shall conform to the requirementsof the Uniform Building Code. • 8. Any Edison transformer serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. • 9. That County Sanitation District fees be paid prior to issuance of any building permits. 10. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer 11. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 12. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 13. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. 20 INDEX • City of Newport Beach Planning Commission Minutes January 7, 1999 C. Traffic Study No. 11 Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy L -18. 2. That the Traffic Study has been reviewed by the City Traffic Engineer and found in compliancewith the Traffic Phasing Ordinance. 3. That the Traffic Study indicates that the project - generated traffic will cause and make worse an unsatisfactory level of traffic service on one or more 'major,' 'primary- modified; or 'primary streets; however, the benefits outweigh the anticipated negative impact on transportation facilities. 4. The cost of one of the identified mitigation measures for the intersections is not proportional to the size of this project and therefore, not likely to • be implemented as a result of this single project. Conditions: 1. Prior to the issuance of a building permit for the office building (1001 Quail Street), the City Traffic Engineer shall determine, and the applicant shall pay, a fee proportional to the projects impact to the intersection at Bristol Street North and Campus Drive as defined by the Traffic Phasing Ordinance. D. Lot Line Adiustment: Findings: The proposal is consistent with the General Plan since the lots ore for commercial development which is a permitted use in this area. 2. The proposal will not be detrimental to persons, property or improvements in the neighborhood and that the lot line adjustment as approved would be consistentwith the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: • The project is in an area with an average slope less than 20 %. • The project is a minor lot line adjustment which does not create any • new parcels. 21 INDEX City of Newport Beach Planning Commission Minutes January 7, 1999 • No additional parcels will result from the lot line adjustment. • The project will not result in a change inland use or density since no additional lots will be created and the commercial land use will be maintained. • The lot line adjustment, in and of itself, will not result in the need for additional improvements and /or facilities because public improvementsond infrastructureare existing. • The proposed lot sizes are consistent with the surrounding area and the requirementof the Newport Place Planned Community Text and Title 20 of the Newport Beach Municipal Code. 3. Based on the information of this particular case, the provisions of Title 19 of the Municipal Code (entitled Subdivisions) or the Subdivision Map Act, do not apply to the adjustment of lot lines between adjacent parcels of land and are excepted from such provisions. Conditions: 1. Priorto recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership shall be submitted to the Public Works • Department for review. 2. The lot line adjustment and grant deeds shall be filed concurrently with the County Recorder and County Assessor's Offices. SUBJECT: Planning Commission Appointments to the Corona del Mar Residential Development Standards Study Group Mrs. Wood noted that when this item was presented to the City Council, they approved it going forward and Mayor O'Neil is willing to serve as the City Council's representative on the group. Chairperson Selich appointed the following with the idea to have two Commissioners, two representatives from the Corona del Mar residential community and two people from the building industry: Commissioner Michael Kranzleyand himself from the Planning Commission. Mr. Joe Sanchez and Ms. Teresa Colesworthyfrom the community. Mr. Tod Schooler and Ian J. M. Harrison, architectfrom the building industry. • *rw 22 INDEX Item No. 3 Appointments CDM Residential Development Standards Study Grp Approved City of Newport Beach Planning Commission Minutes January 7, 1999 a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported that at the last Council meeting on December 141h, the Generol Plan Amendment 98 -1 B for 1401 Dove Street was approved. b.) Oral report from Planning Commission's representative to the Economic Development Committee - Chairperson Selich reported that the EDC has been invited by the Mayor to make a presentation to the City Council regarding the goals and objectives of the committee. The presentation will be done Monday, January l lth at 3:00 p.m. C.) Matters which a Planning Commission erwould like staff to report on of a subsequent meeting - Commissioner Fuller led a discussion on the appropriateness on consideration of the acceptance of late materials from project applicants and the public. d.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - Commissioner Ashley asked for a • review of the parking standards based on the number of guest rooms and meeting rooms for hotels that would include comparisons of other cities. • e.) Requests for excused absences -none. ADJOURNMENT: 9:15 p.m. RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 23 1121 *M Additional Business Adjournment