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HomeMy WebLinkAbout02/23/1984CALL a 0 Motion All Ayes Motion All Ayes Motion All Ayes T IX All Present. er x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Patricia Temple, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary x Staff advised that the applicants for Item .NO. 1 - Newport Place Traffic Phasing Plan Amendment No. 6, Amendment No. 597 and Use Permit No. 3080, have requested that this item be continued to the Planning Commission Meeting of March 8, 1984. Motion was made to continueItem No. 1, to the Planning Commission Meeting of March 8, 1984, which MOTION CARRIED. Staff advised that the applicant for Item No. 2 - the Heltzer project, has requested that this item be continued to the Planning Commission Meeting of March 22, 1984. Motion was made to continue Item No. 2, the Heltzer project, to the Planning Commission Meeting of March 22, 1984, which MOTION CARRIED. Staff recommended that Item No. 8 - Newport Place Traffic Phasing Plan Amendment No. 7 and Amendment No. 604, be continued to the Planning Commission Meeting of March 8, 1984. Motion was made to continue Item No. 8, to the Planning Commission Meeting of March 8, 1984, which MOTION CARRIED. -1- MINUTES INDEX ■ REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers 0 7c TIME: 7:30 p.m. v m DATE: February 23, 1984 City of Newport Beach CALL a 0 Motion All Ayes Motion All Ayes Motion All Ayes T IX All Present. er x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Patricia Temple, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary x Staff advised that the applicants for Item .NO. 1 - Newport Place Traffic Phasing Plan Amendment No. 6, Amendment No. 597 and Use Permit No. 3080, have requested that this item be continued to the Planning Commission Meeting of March 8, 1984. Motion was made to continueItem No. 1, to the Planning Commission Meeting of March 8, 1984, which MOTION CARRIED. Staff advised that the applicant for Item No. 2 - the Heltzer project, has requested that this item be continued to the Planning Commission Meeting of March 22, 1984. Motion was made to continue Item No. 2, the Heltzer project, to the Planning Commission Meeting of March 22, 1984, which MOTION CARRIED. Staff recommended that Item No. 8 - Newport Place Traffic Phasing Plan Amendment No. 7 and Amendment No. 604, be continued to the Planning Commission Meeting of March 8, 1984. Motion was made to continue Item No. 8, to the Planning Commission Meeting of March 8, 1984, which MOTION CARRIED. -1- MINUTES INDEX ■ COMMISSIONERS February 23, 1984 � r ry9 c m � w. City of Newport Beach MINUTES M -ROLLCALLI 111 Jill I INDEX • Motion All Ayes • A. Newport Place Traffic P AND B. Amendment No. 597 (Continued Public Hearing) AND C. Use Permit No. 3080 (Continued Public Hearing) No. 6 LOCATION. Parcel No. 1 of Parcel Map 48 -11, (Resubdivision No. 363) located at 1100 Quail Street on the northeasterly side of Quail Street, between Westerly Place and Dove Street, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Quail Street'Partners, Newport Beach OWNER: Same as applicant Staff advised that the applicants have requested 'that this item be continued to the Planning Commission Meeting of March 8, 1984. Motion was made to continue this item to the Planning Commission Meeting of March 8, 1984, which MOTION CARRIED. -2- Item All Continued to March 8, 1984 MNYSSIONER5 MINUTES February 23, 1984 3 x r a 5 ° m ° City of Newport Beach INDEX A. General Plan Amendment No. 83 -1(c) (Continued Public I Item #2 Hearing) Request an amendment to the Newport Beach General Plan for property located adjacent to Medical Lane, so as to redesignate said property from "Multiple Family Residential" uses to "Administrative, Professional, and Financial Commercial" uses, and the acceptance of an GPA 8 environmental document. I A 601 PROPONENT: Heltzer Enterprises, Los Angeles INITIATED BY: The City of Newport Beach is J B Amendment No. 601 (Continued Public Hearing) AND • C. Traffic Study (Continued Public Hearing) AND D. Certification of Correction for Tract No. 11018 (Continued Public Hearing) X0 E. Use Permit No. 3081 (Continued Public Hearing) LOCATION: Tract No. 11018, located at 1455 Superior Avenue, on the northwesterly side of Superior Avenue, between Placentia Avenue and Hospital Road, in the West Newport Triangle area. ZONE: R -3 (2178) APPLICANT: - Heltzer Enterprises, Los Angeles .OWNER: Same as applicant Staff advised that the applicant has requested that . this item be continued to the Planning Commission Meeting of March 22, 1984, to allow for the submittal of revised plans. -3- 3 February 23, 1984 of. Newport Beach Motion I ( I I I I Motion was made to continue Item No. 2, the Heltzer All Ayes X X X X I .project, to the Planning Commission Meeting of March 22, 1984., which MOTION CARRIED. MINUTES INDEX Use Permit No. 1965 (Amended) (Public Hearing) IItem #3 Request to consider the 6 month Planning Commission review of the issues of live entertainment and off - street parking in conjunction with the approved Use Permit No. 1965 (Amended) that permitted the addition of live entertainment and dancing to the restaurant USE use, and that permitted the deletion of a Condition of NO. Approval requiring valet parking on weeknights. (An • LOCATION: Lots 58 -67, Tract No. 673, located at 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel Drive, in Corona del COMPLIANCE Mar. - BY MAY 24, 1984 ZONES: C -1 and R -1 APPLICANT: A. T. Leo's Fine Foods and Spirits, Corona del Mar OWNER: Same as applicant Commissioner Goff stated that due to a possible conflict of interest, he would not be participating or voting on this item. The public hearing opened in connection with this item and Chairman King noted that the applicant, or a representative, was not present.' Planning Director Hewicker stated that the staff had specifically contacted the applicant and advised the applicant to attend tonight's meeting. -4- z r 5 c m a c m m T F m G1 � 3 February 23, 1984 of. Newport Beach Motion I ( I I I I Motion was made to continue Item No. 2, the Heltzer All Ayes X X X X I .project, to the Planning Commission Meeting of March 22, 1984., which MOTION CARRIED. MINUTES INDEX Use Permit No. 1965 (Amended) (Public Hearing) IItem #3 Request to consider the 6 month Planning Commission review of the issues of live entertainment and off - street parking in conjunction with the approved Use Permit No. 1965 (Amended) that permitted the addition of live entertainment and dancing to the restaurant USE use, and that permitted the deletion of a Condition of NO. Approval requiring valet parking on weeknights. (An • LOCATION: Lots 58 -67, Tract No. 673, located at 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel Drive, in Corona del COMPLIANCE Mar. - BY MAY 24, 1984 ZONES: C -1 and R -1 APPLICANT: A. T. Leo's Fine Foods and Spirits, Corona del Mar OWNER: Same as applicant Commissioner Goff stated that due to a possible conflict of interest, he would not be participating or voting on this item. The public hearing opened in connection with this item and Chairman King noted that the applicant, or a representative, was not present.' Planning Director Hewicker stated that the staff had specifically contacted the applicant and advised the applicant to attend tonight's meeting. -4- February 23, 1984 'O m p0 City, of Newport Beach Planning Director Hewicker suggested that should the parcel map not be recorded and the required dedication not be made to the City by May 24, 1984, the Planning Commission initiate revocation proceedings on June 7, 1984. Commissioner McLaughlin requested that the staff advise the applicant of the Planning Commission's action on this item. Staff concurred. Motion I[ [ I X Motion was made that the parcel map shall be recorded Ayes x X X X I and the required dedication shall be made to the City Abstain X by May 24, 1984, or the Planning Commission shall initiate revocation proceedings on June 7, 1984, for Use Permit No. 1965 (Amended), which MOTION CARRIED. • • Use Permit No. 3083 (Public Hearing) Request to permit the establishment of a restaurant with on -sale beer and wine on property located in the Balboa Inn in the C -1 District. The proposal also includes a request to pay an annual in -lieu fee to the City for all of the required off - street parking spaces. LOCATION: Lots 12 -16, Block 11, Balboa Tract, located at 105 Main Street, on the northwesterly corner of East Ocean Front and Main Street, in Central Balboa. ZONE: C -1 -Z APPLICANT: Mary Artino, Balboa . OWNER: I C.S. Sherman Wang, Newport Beach The public hearing opened in connection with this item and Ms. Mary Artino, the applicant, appeared before the Commission and requested approval of the proposed use permit. -5- MINUTES INDEX 3083 February 23, 1984 s � v m m City of Newport Beach In response to a question posed by Chairman King, Mr. William Laycock; Current Planning Administrator, suggested additional wording to Condition No. 12, as follows, "Said bathrooms shall be appropriately identified for the restaurant use subject to the approval of the Building Department." He further stated that the restroom facility would not be open to the general public. In response to a question posed by Chairman King, Planning Director Hewicker stated that the washout area for the trash containers shall be provided to insure direct drainage into the sewer system and not into the Bay or the storm drains, as required by the Building Department. Ms. Artino stated that this would be acceptable. I I I I I I I Commissioner Person referred to Condition No. 11, relating to the purchase of six in -lieu parking • spaces, and asked the applicant if she was aware that the in -lieu parking fee is currently $150.00 per space and is subject to change, which could amount to as high as $1,000 to $3,000 per space. Ms. Artino stated that she has been advised that the in -lieu parking fees are subject to change and that this would be acceptable. n U Chairman King expressed his concern with the 2:00 a.m. daily closing time and the proximity of the apartments which are located directly above the subject use. Ms. Artino stated that the 2:00 a.m. closing would generally apply to the summer hours of operation. She further stated that the music would be limited to quiet classical music. She further stated that they are interested in providing people a place to get a cup of coffee after they leave the local bars. Commissioner Balalis stated that other uses within the area stay open until 2:00 a.m. during the summer months. He stated that the general area is alive until 2:00 a.m. during the summer months. He stated that Condition No. 5 requires that no alcoholic beverages shall be served after 12:00 midnight daily, thereby establishing the use as a coffee shop exclusively from the hours of 12:00 midnight to 2:00 a.m. MINUTES INDEX MINUTES February 23, 1984 3 x � m m m n w City of Newport Beach M ROLL CALL I. I I 1 1 l 1 1 1 INDEX In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that he is not aware of any complaints which have received relating to the hours of operation of the Balboa Movie Theater. Commissioner Goff stated that he had been informed by a member of the Police Department that on the evenings the "Rocky Horror Show" is shown at the movie theater, the crime rate on the Peninsula increases. Motion Motion was made for approval of Use Permit No. 3083, subject to the findings and conditions of Exhibit "A ", with the revision to Condition No. 12, relating to the bathroom facility, as suggested by staff. I I I I I I ( I Commissioner Person stated that the proposed use is located in the Balboa Inn which is commercially zoned. He stated that other uses within the City remain open • I I I I I I I until 2:00 a.m. He stated that this is an ideal location for coffee to be served to the public during the late night hours. Substitute Motion X Substitute Motion was made for approval of Use Permit Ayes X No. 3083, subject to the findings and conditions of Noes X X X X X X Exhibit "A ", with the revision to Condition No. 5 restricting the closing to 12:00 midnight during the week, and the revision to Condition No. 12, relating to the bathroom facility, as suggested by staff, which SUBSTITUTE MOTION FAILED. - All Ayes IX IX 111 XI XI XI Commissioner Person's original motion for approval of Use Permit No. 3083, with the revision to Condition No. 12, was now voted on as follows, which MOTION CARRIED: FINDINGS: 1. That the. proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. • ) I ( I I I I 2. The project will not have any significant environmental impact. -7- MINUTES February 23, 1984 F � r m m w. City of Newport Beach INDEX 3. That adequate off - street parking is being provided for the proposed restaurant in the Municipal parking lot. 4. The approval of Use Permit No. 3083 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. • 2. That all trash shall be stored in the building until scheduled trash pick -up occurs. 3. That a trash compactor shall be installed in conjunction with the proposed use. . 4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 5. That no alcoholic beverages shall be served after 12:00 midnight daily, and that the hours of operation of the restaurant facility shall be limited between 12:00 noon and 2:00 a.m. daily. 6. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 7. That the premises .shall be kept clean and regularly maintained. • ( I j I ( I S. That kitchen exhaust fans. shall be designed to I control odors and smoke if required by the Building Department. MINUTES February 23, 1984 g r g m w. City of Newport Beach M ROLL CALL I .I 1 I III I I INDEX 9. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains if required by the Building Department. 10. That grease interceptors shall be installed 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 Director. 11. That six in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. • 12. That the applicant shall provide access to two bathrooms in conjunction with the proposed restaurant as required by the Uniform Building Code. (1979 Edition). Said bathrooms shall be appropriately identified for the restaurant use subject to the approval of the Building Department. r1 U 13. That the Planning Commission may add /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. s * x COMMdSSIONERS MINUTES February 23, 1984 m m m City of New Beach ROLL CALL INDEX Use Permit No. 3084 (Public Hearing) Item #5 Request to permit the construction of a restaurant facility with on -sale alcoholic beverages located in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem and compact car spaces with valet service for a portion of the required restaurant USE PERMIT parking spaces, and a request to pay an annual in -lieu NO. 3084 fee to the City for a portion of the required restaurant parking spaces. LOCATION: A portion of Lot H, Tract No. 919, located at 2431 West Coast Highway, on the southerly side of West Coast Highway, approximately 290 feet easterly APPROVED of Tustin Avenue, in the Mariner's Mile CONDI- Specific Plan Area. TIONALLY • ZONE: SP -5 APPLICANT: CHE, Inc., Dba The Chart House, La Jolla OWNER: Boatswain's Locker Investment Company, Newport Beach 0 Mr. William Laycock, Current Planning Administrator, referred to Exhibit "A" of the staff report and recommended the following revisions: Condition No. 2 - provide for a minimum of 17 and a maximum of 19 in -lieu parking spaces. He stated that the number of reduced standard size parking spaces have been recalculated from 44 spaces to 35 spaces. Condition No. 48 - relating to the on- street parking along West Coast Highway, be deleted. Additional Finding No. 11 - That the proposed development will intensify the need for on -site, on- street and off -site parking in comparison to past and current uses of the development site. -10- MINUTES February 23, 1984 � m m City of Newport Beach Additional Finding No. 12 - That the City of Newport Beach has tentative plans to widen and /or restripe West Coast Highway which may result in loss of on- street parking and the applicants proposed development adequately addresses anticipated parking needs for the permitted use. Additional Condition No. 55 - The required handicapped parking spaces shall be independently accessible and shall be located closest to the restaurant entrance. The public hearing opened in connection with this item and Mr. John Callahan, representing the applicant and the owner, appeared before the Commission. Mr. Callahan referred to the additional Condition No. 55 and stated that it will restrict valet parking for the handicapped. Chairman King stated that many vehicles driven by the handicapped, contain special equipment • which valet operators may not be familiar with. He also stated that tandem parking of the handicapped vehicles would not be feasible. Mr. Callahan stated that the architect will adjust the parking design accordingly. Chairman King referred to Condition No. 8 and stated that the valet parking service shall not restrict or otherwise preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. Commissioner Winburn expressed her concern with the 8h foot wide size of the reduced standard parking spaces. Commissioner Balalis stated that the Planning Commission can not redesign the parking lot layout at tonight's meeting. He suggested that the applicant redesign the parking lot, following the requirements of the City and that Condition No. 2 be revised to provide that a minimum of 17 in -lieu parking be required. He stated that in this way, if additional in -lieu parking spaces are needed, they can be obtained. -11- Mr. Callahan stated that the representative of the State for the handicapped, has already approved the •plan 11 '111111 for the handicapped on this site. -11- MINUTES February 23, 1984 3 x vm m m m GY City of Newport Beach M ROLL CALL (J I INDEX Commissioner Person asked Mr. Callahan if he was aware that the in -lieu parking fee is subject to change, which could amount to as high as $1,000 to $3,000 per space. Mr. Callahan stated that they have been made aware that the in -lieu parking fees are subject to change. Commissioner Balalis stated that the original approval of this item required that in the event a parking structure was built on the Municipal lot, a one time purchase fee, not to exceed $10,000 per space, shall be required. He stated that since the original approval, the City has chosen to only surface pave the parking lot. Commissioner Person clarified that the applicant would be required to purchase the in -lieu parking spaces at a given rate on an annual basis, rather than a one time purchase fee. Mr. Callahan discussed the background information • relating to this item and explained that the permit time elapsed after the lengthy process of obtaining Coastal Commission approval and redesigning the project. He stated that the proposed project will be an asset to the area, however, he expressed his concern with several suggested conditions of approval and stated that the price tag of complying with these conditions, will not be affordable. Mr. Callahan stated that the State Fish and Game condition, relating to the intertidal habitat, has now risen to approximately $23,000. He stated that the cost of the 10 foot wide easement for an elevated walkway across the bayfront of the property will be approximately $75,000 to $90,000. He stated that the dedication of an additional 10 foot easement across the property to the water will also be costly. Mr. Callahan stated that the proposed project does not create any environmental impacts and is in conformance with the General Plan. He stated that the project contains 3,410 square feet of actual net public use, which will only be utilized from 5:00 p.m. to 2:00 a.m. He expressed his concern with the suggestion in the staff report that fair share improvements be applied to this project. He stated that the proposed building is • I I I I I I under 10,000 square feet and does not require a Traffic Study. -12- MISSIONERS February 23, 1984 m ° City of Newport Beach Mr. Callahan stated that recently a retail office building was approved in the immediate area and was not required to contribute fair share funds. He also expressed his concern with the potential costs of the suggested sound attenuation barrier condition. He expressed his concern with Condition No. 52 which requires an additional 10 foot easement for storm drain purposes and requested that this condition be deleted. He stated that this piece of property should not have to cure all of the problems of the area. He stated that the tax base on this piece of property, without a building on it, has increased from 1.2 million to 3.9 million dollars. Mr. Callahan referred to Condition No. 49, relating to the guest dock facilities, and suggested that the wording "after 5 :00 p.m." be added. Mr. Callahan urged the Planning Commission to approve • the proposed project subject to the original application. He stated that the dedication of three easements on this piece of property is not fair and is not financially feasible. In response to a question posed by Chairman King, Mr. Callahan, stated that the architect can redesign the parking lot to satisfy the City requirements and concerns expressed relating to handicapped parking and independently accessible parking spaces. Mr. Callahan stated that the van system utilized for restaurant personnel works efficiently at their other restaurant facilities. In response to a question posed by Chairman King, Mr. Donald Webb, City Engineer, stated that the walkway which is proposed down the center of the property is an undefined walkway, which could be located anywhere on the site. Chairman King stated that if the boatworks operation is ever removed from the site, the recommended storm drain easement can serve as the 10 foot public access easement between the public sidewalk and the walkway along the bay. He stated that the other public access easement could be vacated at the time this easement would take place. Mr. Webb • 1 1 1 1 1 1 1 1 concurred. -13- MINUTES MINUTES February 23, 1984 3 x � r m m ° City of Newport Beach INDEX Mr. Webb stated that the storm drain easement is for sub- surface uses. He stated that the only time that the surface area would be utilized would be for the actual construction of the storm drain. He also stated that no new structures could be constructed over the storm drain. He stated that installation of the storm drain would be at the City's expense. Mr. Callahan stated that the granting of the easement will not allow for any construction to take place on the 10 foot easement. He stated that the area designated for the 10.foot storm drain easement is not conducive or allowed for pedestrian access. Therefore, he stated that an additional easement will be necessary to grant persons access over the property. In response to a question posed by Commissioner Balalis, Mr. Webb stated that the need for the storm drain was established last year during the flooding of • this area. He stated that the storm drain easement would be located along the westerly property line. Mr. Webb stated that the restaurant itself will provide lateral access along the bayfront, therefore a perpendicular access is necessary in order to reach the lateral access. He stated that this can be accomplished by the 10 foot undefined easement. Commissioner Balalis suggested that this easement could be vacated at which time it is no longer needed. Mr. Webb concurred. Mr. Webb clarified that combining the surface and sub- surface easements is not compatible with the existing boatworks operation. He stated that the combining of the easements could be accomplished when the boatworks operation is removed from the site. He stated that if the boatworks operation continues at this location in perpetuity, an easement is still needed for the pedestrians to gain access to the boardwalk. Commissioner Balalis asked Mr. Callahan if a 10 foot undefined easement for pedestrian access would be acceptable. Mr. Callahan stated that an undefined pedestrian easement is acceptable. However, Mr. • I I I I I ! I Callahan stated that the storm drain easement places a I limitation on the property in that no new construction can take place over the storm drain easement. -14- MINUTES February 23, 1984 v m m q. City of Newport Beach I I I I I I I I R O L L CAU 1 1 1 1 1 1 1 1 1INDEX Mr. Webb stated that the existing structure which would remain on the site, would encroach into the storm drain easement area; which is acceptable. He stated that the proposed new structure for the restaurant use would not be affected by the easement. He stated that if the boatworks operation were removed and a new structure was proposed, it could not be constructed over the 10 foot easement. Commissioner Balalis stated that the easement may limit the envelope of the proposed structure, but the easement will not affect the square footage of the structure. He referred to the City's Local .Coastal Plan and stated that access to the bay will be required. He stated that an undefined easement gives the property flexibility. Mr. Webb suggested that if the storm drain is not constructed within 10 years or additional storm drain • easements obtained within the 10 year period to allow for the construction of a storm drain in a different location, the easement would be relinquished or vacated. Chairman King referred to the storm drain easement and stated that as a trade -off, the building can be constructed on the lot line. He stated that the pedestrian access is needed to gain access to the walkway on the bay.. In response to a question posed by Commissioner Balalis, Mr. Webb stated that the fair -share contribution for the circulation improvements would be approximately $128,400. Mr. Webb stated that the contribution to the sound attenuation barrier would be approximately $12,000. Planning Director Hewicker stated that these conditions are addressed in the staff report, however, he stated that staff has not recommended that these conditions be imposed upon the project. I I I I I ( I Commissioner Balalis expressed his concern that the fair -share allocation for circulation improvements which may be required of this project, should be applied to improvements in the Mariner's Mile area, 1 rather than placed in a fund for improvements to other areas of the City. -15- LJ MINUTES February 23, 1984 r c 9 m m w. City of Newport Beach In response to a question posed by Chairman King, Mr. Webb stated that the City has required substantial sums of monies from various developments for improvements to the circulation system, however, he stated that the City has received very little of these monies to date. He stated that these monies are utilized for the purchase of right -of -way acquisition, design and construction costs. He stated that this allows for additional roadway capacity within the City. Mr. Callahan expressed his concern that other projects of this size in the. area have not been, required to contribute to these funds. He stated that he considers a tax increase from 1.2 million to 3.9 million dollars, their fair share contribution. Commissioner Balalis stated that many property owners and leasehold interests in the area have been required to dedicate property to the City for circulation system improvements. Planning Director Hewicker stated that all of the projects which have been required to make fair -share contributions have been projects which have gone through the Traffic Phasing Ordinance provision of the Municipal Code. He stated the recently approved office building located at East Coast Highway and Avocado Avenue, is now requesting the Planning. Commission to reconsider its decision, relating to the circulation system and noise wall contributions. Commissioner Goff stated that although the proposed project may contain 3,400 square feet of net public, the total restaurant contains 9,800 square feet and the Boatswain's Locker contains 2,244 square feet for a total of approximately 12,000 square feet. He stated that perhaps a traffic study should have been required of this project. Planning Director Hewicker stated that the requirement for the traffic study is based on the net increase of square footage on the site. I I I I I I In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that staff has developed a formula for calculating the fair -share contribution amounts. Chairman King stated • I ( I I I j that the City Council has been imposing the fair -share I requirements on projects such as the J. M. Peters development. -16- 3 x 3 c m MINUTES February 23, 1984 of Newport Beach INDEX Commissioner Kurlander stated that the City Council imposed the sound attenuation barrier requirement on the Allred. residential condominium development. He stated that the City Council has been requiring the fair -share and sound attenuation barrier contributions on other projects. In response to a question posed by Commissioner Goff, Mr. Webb stated that adequate funds have not been received to complete the West Newport or Irvine Terrace sound attenuation barriers. Commissioner Balalis stated that at some point in time, the pedestrian easement can be relocated to coincide with the storm drain easement. Mr. Webb stated that the undefined easement will become defined at which time the boatworks operation is.removed. I I I I I I I In response to a concern expressed by Commissioner • Winburn, Mr. Webb stated, that there is a difference in the parking space design between valet parking and parking your, own vehicle. He stated that parking your own vehicle standards require a 9 foot wide stall which may decrease the parking by one space per row, unless otherwise directed by the Planning Commission. He stated that valet parking standards allow for Vi foot wide stalls. Chairman King stated that the self parking spaces should be so designated. Chairman King expressed his concern that when compact car spaces are approved on various projects, which are only 7' feet wide, it is difficult to enforce or ensure that only compact vehicles park in these spaces. Therefore, he stated that 8-. foot wide parking spaces would be acceptable on this project with a total of 86 parking spaces, on -site or off -site and requiring a minimum of 17 in -lieu parking spaces. Commissioner Goff expressed his reluctance in approving the proposed project. He stated that because 20 percent of the parking spaces have to be provided in an off -site location, perhaps the project is an over intensification of the property. I I I Commissioner Balalis stated that the proposed project is located in an area where there is a Municipal lot I I I 11111 nearby. He stated that the proposed project can located its in -lieu parking spaces in a parking lot which is currently under utilized. Commissioner Goff concurred. -17- MINUTES February 23, 1984 . 1. That all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and further, that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. 2. That based on the information contained in the previous Initial Study and Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially- significant environmental effects, and that the project will not result in significant environmental impacts. I 3. I I I I I That the proposed use is consistent with the City of Newport Beach General Plan and the Local Coastal Plan, and is compatible with surrounding land uses. 4. The project will not have any significant environmental impact. 5. The Police Department has indicated that they do not contemplate any problems. • I I I I I I I 6. The proposed restaurant use will not preclude the attainment of the objectives for the Mariner's Mile Specific Area Plan. ago 9 d m 3 = ff W ° Q ° N City of Newport Beach ROLL CALL INDEX Motion X Motion was made for approval of Use Permit No. 3084, All Ayes N X X X X X X subject to the findings and conditions of Exhibit "A ", with the following revisions: Additional.Findings No. 11 and 12, and the deletion of Condition No. 48, as suggested by staff; Condition No. 49 to include "after 5:00 p.m. "; Additional Condition No. 57, relating to the relocation of the handicapped parking spaces with the approval by staff; Condition No. 8; to include the provision that the independently accessible spaces be clearly designated, and that reduced standard size parking spaces of " feet in width are acceptable; Condition No. 2, be revised to require that a minimum of 17 in -lieu parking spaces be provided; conditions relating to fair -share allocation for circulation system and sound attenuation barrier be added; that the 10 foot undefined easement shall be vacated at which time the easement becomes defined under Condition No. 52, which MOTION CARRIED, as follows: FINDINGS: . 1. That all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and further, that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. 2. That based on the information contained in the previous Initial Study and Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially- significant environmental effects, and that the project will not result in significant environmental impacts. I 3. I I I I I That the proposed use is consistent with the City of Newport Beach General Plan and the Local Coastal Plan, and is compatible with surrounding land uses. 4. The project will not have any significant environmental impact. 5. The Police Department has indicated that they do not contemplate any problems. • I I I I I I I 6. The proposed restaurant use will not preclude the attainment of the objectives for the Mariner's Mile Specific Area Plan. ago MINUTES February 23, 1984 g m m m m a. City of Newport Beach 7. That the establishment of tandem and compact car parking spaces in the on -site parking area will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 8. That the limited use of the off -site municipal parking lot for employee parking will not create undue traffic hazards in the surrounding areas. 9. That the hours of operation of the proposed restaurant and the marine commercial use are such, so as to allow joint use of the on -site parking facilities. 10. The approval of Use Permit No. 3084 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. 11. That the proposed development will intensify the need for on -site, on- street and off -site parking in comparison to past and current uses of the development site. 12. That the City of Newport Beach has tentative plans to widen and /or restripe West Coast Highway which may result in loss of on- street parking and the applicants' proposed development adequately addresses anticipated parking needs for the permitted use. CONDITIONS: I I j I I I I 1. That development shall be in substantial • I conformance with the approved plot plan, floor plans and elevations except as noted below. -19- • MINUTES February 23, 1984 of Newport Beach I INDEX 2. That a minimum of 17 in -lieu parking spaces (i.e. depending upon the final number of available on -site parking spaces) shall be purchased from the City on an annual basis for the duration of the restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 3. That employees of the restaurant shall be required to park in the municipal parking lot. 4. That any trash areas shall be screened from the adjoining property and from West Coast Highway and Newport Bay. 5. A wash -out area surrounded by 6 -inch curbing or the equivalent and connected directly to the sewer system shall he provided. 6. The parking lot and all landscaped areas shall be kept clean and properly maintained. 7. Prior to demolition of existing facilities and construction of new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. B. The use of valets for parking for the restaurant operation only, shall be required during all hours of operation. However, the valet parking service shall not restrict or otherwise preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The independently accessible parking spaces shall be clearly designated. The reduced standard size parking spaces of 8h feet in width are acceptable for said independently accessible spaces. 9. That a minimum of one parking space for each 40 • sq. ft, of "net public area" and one parking space for each 250 sq. ft. of floor area in the marine hardware building shall be provided. -20- � x � c m • MINUTES February 23, 1984 of Newport Beach I INDEX 2. That a minimum of 17 in -lieu parking spaces (i.e. depending upon the final number of available on -site parking spaces) shall be purchased from the City on an annual basis for the duration of the restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 3. That employees of the restaurant shall be required to park in the municipal parking lot. 4. That any trash areas shall be screened from the adjoining property and from West Coast Highway and Newport Bay. 5. A wash -out area surrounded by 6 -inch curbing or the equivalent and connected directly to the sewer system shall he provided. 6. The parking lot and all landscaped areas shall be kept clean and properly maintained. 7. Prior to demolition of existing facilities and construction of new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. B. The use of valets for parking for the restaurant operation only, shall be required during all hours of operation. However, the valet parking service shall not restrict or otherwise preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The independently accessible parking spaces shall be clearly designated. The reduced standard size parking spaces of 8h feet in width are acceptable for said independently accessible spaces. 9. That a minimum of one parking space for each 40 • sq. ft, of "net public area" and one parking space for each 250 sq. ft. of floor area in the marine hardware building shall be provided. -20- COMMISSIONERS February 23, 1984 [MAIMIM! � rm" 'O m p7 m p City of Newport Beach m�a y ROLL CALL INDEX 10. Prior to issuance of building permits, the applicant shall agree to participate in a compensation program for the loss of intertidal area which shall be commensurate with the replacement costs of the intertidal habitat, not to exceed $5,000, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. 11. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 12. A grading plan shall include .a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 13. The grading permit shall include, if required, a • description of haul routes, access routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 14. An erosion and dust control plan shall be submitted and be subject to approval of the Building Department. 15. An erosion and siltation control plan, if required, shall be approved by the California Regional Water Quality Control Board - Santa Ana Region. 16. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils engineer and an engineering geologist subsequent to completion of a comprehensive soils and geologic investigation of the site. "Approved as Built" grading plans on standard -size sheets shall be furnished to the Building Department. 17. Final site plans shall be reviewed and approved by the Traffic Engineer to ensure adequate on -site circulation and sight distance at ingress and 0 egress locations. -21- February 23, 1984 r v • m m °. City of Newport Beach m� 18. The restaurant shall provide an escort or van system to ensure the safety of restaurant personnel returning to the municipal parking lot after restaurant hours. 19. That the restaurant shall not be open to the public prior to 5:00 p.m. and shall close no later than 2:00 a.m., on a daily basis, except on Sundays or at any other time the boat yard is not open. If the boat yard is not open on Saturday, the applicant shall be allowed to serve brunch. 20. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 21. Prior to occupancy.of any building, the applicants shall provide written verification from Orange County Sanitation District No. 5 that adequate • sewer capacity is available to serve the project. 22. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said structures shall be sound- attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. The boat yard crane shall be excluded from such requirements. • 23. Prior to occupancy of any buildings, a program for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. 24. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). -22- MINUTES I INDEX MINUTES February 23, 1984 � x r a ro m m m City of Newoort Beach m;o INDEX 25. The landscape plan shall be subject to review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 26. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 27. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated via 'a system designed to avoid surface runoff and overwatering. 28. The landscaping plans adjacent to the drive entrances shall be reviewed and approved by the Public works Department and the Department of Parks, Beaches and Recreation for sight. distance requirements. . 29. The project shall be so designed to eliminate light and glare spillage on adjacent uses. Any parking lot lighting shall be subject to approval of the Planning Department. 30. Should any resources be uncovered during construction, a qualified archaeologist or paleontologist shall evaluate the site prior to completion of construction activities, and all work on the site shall be done in accordance with the City Council's Policies K -5 and K -6. 31. That grease interceptors shall be installed on all fixtures where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 32. The final design of on -site vehicular and pedestrian circulation shall be reviewed and approved by the Public Works Department and the Planning Department prior to issuance of the grading permit. 33. Signing shall be reviewed by the City Traffic Engineer. • I I I I I I I 34. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. -23- February 23, 1984 m City of Newport Beach 35. The layout of the surface and structure parking shall be subject to further review and approval of the City Traffic Engineer. 36. The parking arrangement during the construction period shall be approved by the City's Planning Department and Traffic Engineer prior to issuance of any grading and /or building permit(s) should the applicant desire to continue operation of the existing facilities during the construction period. 37. All on -site drainage shall be approved by the City Public Works Department. 38. Prior to issuance of building and /or grading /demolition permits, the Planning Department shall approve a signing program for the • proposed project. 39. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. Construction basins or other devices shall be installed to prevent waste from getting into Newport Bay. • 40. An Army Corps of Engineers permit shall be obtained prior to any reconstruction of bulkheads. 41. That all improvements be constructed as required by Ordinance and the Public Works Department, 42. That an engineering report on the existing bulkhead be prepared by a civil or structural engineer, and that the bulkhead be upgraded in conformance with the recommendation of the engineering report and to the satisfaction of the Building Department and the Marine Department. The top of the bulkhead shall maintain a minimum elevation of 9.00 above M.L.L.W. (6.27 M.S.L.) . The design of the new portions of the bulkhead and ramp shall be approved by the Marine Department and the Building Department. -24- MINUTES INDEX MINUTES February 23, 1984 i v m m o m�a City of Newport Beach 43. That a 10 -foot wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project (except in front of the boat launch). Said easement shall also include the 10 foot wide walkway along a portion of the easterly side property line which returns to the existing bulkhead line from the public walkway in front of the restaurant. Said easement shall be improved with a concrete walkway or other material meeting the approval of the Public Works and Planning Departments. In.addition, an irrevocable offer of future dedication for a 10 foot wide access easement shall be granted to the City. Said easement shall be located adjacent to the bulkhead line and in front of the boat launch area, and shall be exercised only if the marine repair and crane operation is discontinued. With respect to the public access easements to be granted by the • applicant,. the City and the applicant shall enter into an agreement approved to in form by the City Attorney, that will allow applicant or his employees to restrict access to or travel along the easement during the operation of the boat yard when necessary to preserve public safety. 44. That a.public access easement shall be granted to the City so as to provide unobstructed public access from the sidewalk on West Coast Highway to the walkway on the bay. Said easement shall be located and improved in a manner meeting the approval of the Public Works and Planning Departments. With respect to the public access easements to be granted by the applicant, the City and the applicant shall enter into an agreement approved to in form by the City Attorney, that will allow the applicant or his employees to restrict access to or travel along the easement during the operation of the boat yard when necessary to preserve public safety. The undefined public easement shall be vacated at which time the storm drain easement, becomes defined under Condition No. 52. I I I I I I j 45. That full width concrete sidewalk be constructed • I along the West Coast Highway frontage and that any unused drive depressions shall be removed and -25- MINUTES February 23, 1984 X y m m m City of Newport Beach replaced with curb, gutter and sidewalk. That all improvements along West Coast Highway.be completed under an encroachment permit issued by the California Department of Transportation. 46. That a standard use permit agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 47. That the applicant agree to the removal of the on- street parking across the property frontage (approximately 3 parking spaces). 48. Deleted by the Planning Commission. • 49. That a maximum credit of four parking spaces shall be given for the proposed four guest dock facilities. Should the guest docks be used for any use other than guest docks for the restaurant, the owner shall be required to provide four parking spaces in a location meeting the approval of the Planning Commission, or reduce the net public area of the restaurant accordingly after 5:00 P.M. 50. That the applicant recognize that at some time in the future, upon the implementation of the Local Coastal Plan, signage will be required on the required access easements. 51. That all conditions of the previously approved Coastal Development Permit 5 -82 -12 shall be fulfilled. 52. That a 10 foot storm drain easement be granted to the City along the westerly property line. The existing structure may remain in the easement area. If the boatworks are removed from the site, this easement can serve as the 10 foot public • I I I I I access easement between the public sidewalk and the walkway along the bay. -26- COMMISSIONERS ROLL CALL • I- L-1 February 23, 1984 of Newport Beach 53. That the proposed structure shall not exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District. 54. That the Planning Commission may add and /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. 55. Prior to the issuance of any Building Permits authorized by the approval of this use permit, the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport Area,, and in the Irvine Terrace and Jamboree Road areas. 56. Prior to the issuance of any Building and /or Grading Permit, the applicants shall pay their "fair- share" of Circulation Systems Improvements for the ultimate circulation system. 57. That the required handicapped parking spaces shall be independently accessible and shall be located closest to the restaurant entrance. The Planning Commission recessed at 9:15 p.m. and reconvened at 9:20 p.m. r x -27- MINUTES 3 � C -o m m ROLL CALL • I- L-1 February 23, 1984 of Newport Beach 53. That the proposed structure shall not exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District. 54. That the Planning Commission may add and /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. 55. Prior to the issuance of any Building Permits authorized by the approval of this use permit, the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport Area,, and in the Irvine Terrace and Jamboree Road areas. 56. Prior to the issuance of any Building and /or Grading Permit, the applicants shall pay their "fair- share" of Circulation Systems Improvements for the ultimate circulation system. 57. That the required handicapped parking spaces shall be independently accessible and shall be located closest to the restaurant entrance. The Planning Commission recessed at 9:15 p.m. and reconvened at 9:20 p.m. r x -27- MINUTES COMMISSIONERS February 23, 1984 MINUTES f � m m � m City of Newport Beach ROLL GALL INDEX Use Permit No. 3085 (Public Hearing) Item #6 • Motion Ayes Abstain 0 X Request to change the operational characteristics of the existing Charlie's Chili Restaurant in the C -1 District so as to add the service of beer and wine. LOCATION: Lot 7, Block 20, First Addition, Newport Beach Tract, located at 102 McFadden USE PERMIT Place, on the northeasterly corner of NO. 3085 West Ocean Front and McFadden Place, in McFadden Square. - ZONE: C -1 APPLICANT: Charlie's Chili Corp., Costa Mesa OWNER: Walter V. Racker, Jr., Jamul, California Commissioner Person stated that due to a possible conflict of interest, he would not be participating or voting on this item. The public hearing opened in connection with this item and Mr. Peter Torre, representing Charlie's Chili Corporation, appeared before the Commission, and requested approval of this item. Mr. Torre referred to Condition No. 2, and stated that permission was obtained by the City in 1978 for the trash and outdoor storage area.' Chairman King stated that this is a standard condition, which apparently the applicant has already complied with. Motion was made for approval of Use Permit No. 3085, subject to the findings and conditions of Exhibit "A ", which MOTION CARRIED, as follows: FINDINGS: 1. The proposed restaurant is consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. -28- APPROVED CONDI- TIONALLY MINUTES February 23, 1984 i z � � z m a m Cit of N ort Beach Y ROLL CALL 2. The project will not have any significant environmental impact. 3. That the proposed change in the operational characteristics of the existing restaurant so as to include the service of beer and wine as an incidental use, will not increase the parking demand of the restaurant. 4. The approval of Use Permit No. 3085 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: • 1. That development shall be in substantial conformance with the approved plans, except as noted below. 2. That all trash areas and outdoor storage shall be screened from public streets, or adjoining properties and that the applicant shall obtain buildings permits for all such construction.. 3. That no beer and wine shall be served after 12:00 midnight. 4. That no off -sale beer and wine shall be permitted in conjunction with the subject restaurant. 5. That the on -sale service of beer and wine shall be incidental to the primary food service operation of the restaurant. 6. That the Planning Commission may'add and /or modify conditions of approval to the 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. x r -29- COMMISSIONERS r 4` r ROLL CALL L 0 MINUTES February 23, 1984 of Newport Beach A. Draft Environmental Impact Report (Public Hearing) Acceptance of an environmental document for Amendment No. 603, and the Tentative Map of Tract No. 12105. AND B. Amendment No. 603 (Public Hearing) Request to amend the Planned Community and Land Use Plan regulations of the Big Canyon Planned Community so as to establish residential development standards for property located at the southwesterly corner of MacArthur Boulevard and Ford Road, to be established as Area 16 of the Big Canyon Planned Community. AND C. Traffic Study (Public Hearing) Request to consider a Traffic Study in conjunction with the construction of an 80 unit residential condominium development. m D. Tentative Map of Tract No. 12105 (Public Hearing) Request to subdivide 23 acres of land into one lot for residential condominium development and a residual lot for private open space purposes. LOCATION: Portions of Blocks 56 and 92 of Irvine's Subdivision, located at the southwesterly corner of MacArthur Boulevard and Ford Road in the Big Canyon Planned Community. ZONE: P -C APPLICANT: The Irvine Company; Dba Irvine Pacific,. Newport Beach OWNER: Same as applicant ENGINEER: Adams /Streeter, Irvine -30- Item #7 DEIR A 603 TS TMT 12105 ALL APPROVED CONDI- TIONALLY February 23, 1984 r v m m w. City of Newport Beach Mr. Donald Webb, City Engineer, referred to Exhibit "A" of the staff report and recommended the following revisions for the Tentative Map of Tract No. 12105: Condition No. 1 - "That a final map be filed and that the lot for private open space be designated Lot 2 (open space)." Condition No. 21 - additional wording, "along the frontage of both lots." Condition No. 36 - delete the wording, "authorized by the approval of this use permit." Condition No. 37 - add the sentence, "That the improvements to be constructed under Condition No. 21 on MacArthur Boulevard shall be considered to be the "fair- share" contribution for this project." • In response to a question posed by Chairman King, Mr. Webb referred to Condition No. 18, and stated that the water capital improvement fee is a one time fee. He stated that the monies are applied to the master plan water main facilities. He further stated that this condition has been required of several other new developments within the City. is Mr. James Montgomery, representing Irvine Pacific Development Company, appeared before the Commission, and stated that they concur with, the recommended revisions to Exhibit "A" as suggested by Mr. Webb. He referred to Condition No. 38, relating to the affordable units, and requested that the reference to the Baywood expansion project be deleted. He stated that the location of the affordable units can be agreed upon prior to the recordation of the final map. He stated that perhaps the North Ford site may be considered. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that the Baywood expansion is the logical location for the affordable units of the proposed project. He stated that the Haywood site is already under construction which is in.close proximity to the project. -31- MINUTES February 23, 1984 i x i rte - m m m m 0 ° W. I City of Newport Beach Mr. Bernard Maniscalco, representing The Irvine Company, stated that in order to provide affordable housing, subsidized financing is required. He stated that the Baywood project does not have available bond financing. He stated that a bond program is currently being formulated which would include the North Ford, Newport Village, 5th Avenue and MacArthur, and Baywood projects. He stated that obviously, the Baywood site is the logical site, however, he stated that they would like to maintain the flexibility relating to the location of the affordable units. Chairman King expressed his concern that the affordable units should be designated early so that they can be on the market as soon as possible. Mr. Maniscalco stated that it is possible that the improvement plans on the North Ford site can be finalized, at which time the proposed project is ready for final recordation. • Commissioner Balalis stated that the affordable housing requirement is not contingent upon the availability of bond financing. Ms. Patricia Temple, Environmental Coordinator, concurred and stated that the condition placed upon the general plan amendment requires that 10 percent of the affordable units shall be provided on -site or off -site, as determined. She stated that there is no requirement or condition which states that the affordable units are contingent upon bond financing or any other type of financing. • Planning Director Hewicker suggested additional wording to Condition No. 38, which may resolve this concern, as follows: "That the final selection of the site for the affordable units shall be made prior to the approval of the final map, but that preference shall be given to the Baywood expansion project." Chairman King referred to a letter dated February 22, 1984, received from the Big Canyon Community Association, requesting that a fence be installed along the western border of the project to help preserve the security of Big Canyon. Chairman King asked the applicant if such a condition would be acceptable. Mr. Montgomery stated that they have discussed this with the Big Canyon Community Association and that this -32- MINUTES INDEX Motion All Ayes • Motion All Ayes MINUTES February 23, 1984. v m m n w City of Newport Beach INDEX would be acceptable. However, he stated that they are reviewing the CC &R's to determine if a fence located adjacent to the golf course would be acceptable. Mr. Montgomery stated that the proposed project will help to preserve the security of Big Canyon, however, he stated that they will work with the Association to resolve this concern. A. Environmental Document X Motion was made for approval of the Draft Environmental X X X Impact Report, City of Newport Beach, Big Canyon Villa Apartments, Big Canyon Area 16, and supportive materials, recommending that the City Council certify that the Environmental Document is complete, subject to the following findings, which MOTION CARRIED: FINDINGS: 1. That the environmental document has been prepared in compliance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of this environmental document have been considered in the various decisions on the project. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. B. Amendment No. 603 Motion was made to adopt Resolution No. 1113, RESOLUTION X X X recommending approval of Amendment No. 603 to the City NO. 1113 Council, to amend the Big Canyon Planned Community District Regulations, which MOTION CARRIED. -33- Motion All Ayes n u Motion, All Ayes e x v m m c o 0 m 94 FA February 23, 1984 ity of Newport Beach C. Traffic Study Motion was made for approval of the Traffic Study, subject to the following findings, which MOTION CARRIED: .' 10411671Jre;:c 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the project - generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of two critical intersections, but will not add to an unsatisfactory level of traffic service at the two critical intersections, which will have an Intersection . Capacity Utilization of less than .9000. D. Tentative Map of Tract No. 12105 X Motion was made for approval of Tentative Map of Tract X X X No. 12105, subject to the findings and conditions of Exhibit "A ", with the revisions to Conditions No. 1, 21, 36 and 37 as suggested by the City Engineer; and, Condition No. 38 to remain as is, per staff's recommendation, which MOTION CARRIED, as follows: - FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed subdivision presents no problems from a planning standpoint. -34- MINUTES COMMISSIONERS r 0 m m c g a 7 p ro ROLL CALL • • MINUTES February 23, 1984 of Newport Beach 3. That the site is physically suitable for the proposed density of development. 4. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 5. That the design of the subdivision or 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 subdivision. CONDITIONS: 1. That a final map be filed and that the lot for private open space be designated Lot 2 (open space). 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the street improvements, if it is desired to obtain a building permit or record the tract map prior to completion of the public improvements. 4. That Section 19.20.030(f) of the Subdivision Ordinance be waived and grades of more than 78 be permitted as approved by the Public Works Department. 5. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. -35- MINUTES February 23, 1984 3 x m m F City of Newport Beach 7. 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 location, width, configuration, and concept of the private street and drive system shall be subject to further review and approval by the City Traffic Engineer, and the Fire Department. 8. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty four inches in height. The sight distance requirement may be modified at non - critical locations, subject to the approval of the City Traffic Engineer. • 9. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 10. That if it is desired to have a control gate at the entrance, a turn - around shall be provided prior to the gate. The design of the controlled entrance shall be reviewed by the Public Works Department and Fire Department. 11. The easements for ingress, egress and public utility purposes on all. private. streets be dedicated to the City and that all easements be shown on the tract map. 12. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with the width to be. approved by the Public Works Department. 13. That all vehicular access rights to MacArthur Boulevard be released and relinquished to the City • I I I I I I I of Newport Beach, except at the one emergency entrance with the location to be approved by the Public Works and Fire Departments. -36- MINUTES February 23, 1984 � r v m m "w. City of Newport Beach m;o INDEX 14. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and Public Works Department. 15. That all vehicular access rights to Ford Road be released and relinquished to the City of Newport Beach, except at the one private street entrance, with the location to be approved by the Public Works Department. Sight distance at the Ford Road driveway shall comply with Std - 110 -L. 16. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 17. That a hydrology and hydraulic study be prepared and approved by the Public works Department, along 1, 1111111 with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to • I I I I I I I recording of the final map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 18. That the water capital improvement fees be paid. 19. 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. 20. That provision for a bus stop turnout shall be investigated and coordinated between the developer, the City, and County of Orange Transit District. 21. That the west side of MacArthur Boulevard be improved to major highway standards along the frontage of both lots, with improvements including but not limited to curb, gutter, pavement, street lights and 12- foot -wide sidewalk. The design ' 1 1 1 1 1 1 1 1 shall take into consideration the alignment of -37- COMMISSIONERS February 23, 1984 FI-I'l, m City of Newport Beach MINUTES M ROLL CALL. 1 111 11.11 INDEX future improvements between the southerly, tract boundary and the existing improvements just northerly of San Joaquin Hills Road. The proposed alignment for MacArthur Boulevard shall be approved by the Public Works Department and that all of the right -of -way width varying from 136 feet to 146 feet as approved by the Public Works Department. 22. That the location of fire hydrants and water mains shall be approved by the Fire Department. 23. That emergency access to and within the site shall be approved by the Fire Department. 24. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. • 25. That a grading plan, shall include a complete plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris, and other water pollutants. 26. The grading permit shall include, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 27. An erosion, siltation and dust control plan, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 28. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design. 29. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the • "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. -38- February 23, 1984 � x � r c °. City of Newport Beach 30. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This report shall be reviewed and approved by the Planning and Building Department. 31. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. 32. Prior to removal of the desilting basin closest to MacArthur Boulevard, a new desilting basin shall be constructed on the easterly side of the street to control silt originating from Freeway Reservation East. • 33. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over - watering. • 34.. The landscape plan shall place heavy emphasis on fire - retardant vegetation. 35. That prior to the occupancy of any unit a qualified acoustical engineer, retained by the City at the applicant's expense shall demonstrate to the satisfaction of the Planning Director that the noise impact from MacArthur Boulevard and Ford Road on the project does not exceed 65 db CNEL for outside living areas and the requirements of law for interior spaces. 36. Prior to issuance of any building permits, the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport Area and in the Irvine Terrace and Jamboree Road areas. -39- MINUTES INDEX MINUTES February 23, 1984 r . v m m City of Newport Beach INDEX 37. Prior to the issuance of any Building and /or Grading Permit, the applicants shall pay their "fair- share" of Circulation Systems Improvements for the ultimate circulation system. That the improvements to be constructed under Condition No. 21 on MacArthur Boulevard shall be considered to be the "fair- share" contribution for this project. 38. That prior to the recordation of the final map, the applicant shall enter into an agreement with the City, approved by the City Attorney and Planning Director, which guarantees the provision of 8 "affordable" units on -site or off -site in the Baywood expansion project. 39. Of the "affordable" units provided 6 shall be affordable to a County median income family and 2 • shall be affordable to a County moderate income family. 40. The affordability of the units shall be guaranteed for a period of at least 10 years. 41. That prior to the issuance of any building permits the applicant shall satisfy the requirements of the Park Dedication Ordinance to the satisfaction of the Planning Director. * * r • IIIIIIII .o. COMMISSIONERS MINUTES February 23, 1984 z r S m m o m City of Newport Beach ROLLCALL1.11 I III INDEX flT7A. Newport Place Traffic Phasing Plan Amendment No. 7 Item #8 • Motion All Ayes r 1 i► Request to approve an amendment to the Newport Place Traffic Phasing Plan to permit the construction of a 16,154 sq. ft. (net) office building on property located in "Professional and Business Offices Site 5 ". TPP #7 A 604 AND B. Amendment No. 604 (Public Hearing) - Request to amend the previously approved Newport Place Planned Community regulations so as to allow the Both . construction of a 16,154 sq. ft. (net) office building Continued on property located in the "Professional and Business to March Offices. Site 5 ", and the acceptance of an environmental 8, 1984 document. LOCATION: Parcel No. 1 of Parcel Map 40 -31 (Resubdivision No. 139), located at 1400 Dove Street, on the northeasterly corner of Newport Place Drive and Dove Street, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Bill Langston, Newport Beach OWNER:- McLachlan Investment Company, Newport Beach Staff recommended that this item be continued to the Planning Commission Meeting of March 8, 1984, so as to allow time to mail out revised public notices indicating that a modification to the Zoning Code is requested in order to permit the use of compact -sized parking spaces on the property. Motion was made to continue this item to the Planning X X X X Commission Meeting of March 8, 1984, which MOTION CARRIED. -41- ((�MM1551CJIKS MINUTES February 23, 1984 3 � f � � m m m o F City of Newport Beach ROLL CALL INDEX Proposed General Plan Amendment Item #9 Request of Albert Mardikian, Mardikian Motor Company, Inc., to initiate an amendment to the Circulation Element of the Newport. Beach General Plan for Coast Highway from Dover Drive to Newport Boulevard. PROPOSED LOCATION: West Coast Highway, from Dover Drive to GENERAL Newport Boulevard - PLAN AMENDMENT APPLICANT: Albert Mardikian Motor Company, Inc., - Newport Beach Chairman King noted that the applicant, or a representative of the applicant, was not present. RECOMMEND In response to a question posed by Commissioner • Kurlander, Planning Director Hewicker stated that staff has attempted to contact Mr. Mardikian by telephone, with no success. However, he stated that Mr. Mardikian was mailed a copy of the staff report. He further stated that staff is currently not aware of who may be representing Mr. Mardikian in this request. There being no one present to discuss this item, the following motion was made: Motion X Motion was made to recommend to the City Council that All Ayes X X X X the request for general plan amendment is unwarranted and that the request be returned to the originator without further action, which MOTION CARRIED. x • IIIIIIII -42- I i x � r v m m 3 m c m m ROLL CALL February 23, 1984 M Proposed Amendment to the Planning Commission Rules of Procedure as it pertains to the deadline that toaP s INITIATED BY: The City of Newport Beach Mr. Robert Gabriele, Assistant City Attorney, referred to the staff report and presented background information on this item. He stated that the proposed amendment will permit.an applicant of a project, or the public, to submit information no later than 12:00 noon, the day before the scheduled Planning Commission meeting. Commissioner Person stated that the proposed amendment gives the staff additional time to evaluate the • information and prepare their responses. He referred to the many petitions which are submitted the night of a hearing, and stated that the Planning Commission members and the staff do not have adequate time to evaluate the contents_ of the petitions or the signatures upon the petitions.. He stated that exceptions to the policy can be granted by the Commission, upon a showing of good cause. • In response to a question posed by Commissioner Winburn, Mr. Gabriele stated that good cause can be evaluated by the determination that the information was not physically capable of being developed or presented in a more timely fashion. Commissioner Winburn also expressed her concern with the petitions and lengthy letters which are submitted the night of a hearing. Chairman King stated that the proposed amendment would give the staff additional time to at least read the additional information and prepare a response. Commissioner Kurlander concurred. Planning Director Hewicker stated that the Planning Commission members will still receive the information the night of the meeting. -43- MINUTES Item #10 AMENDMENT TO THE RULES OF PROCEDURE NOT .. APPROVED COMMISSIONERS r m 5 c m m m a m � 7C O > > 5 m 2 w February 23, 1984 of Newport Beach MINUTES M ROLL CALL I 1 1 1 11]l 1ND� EX A Commissioner Goff stated that the proposed amendment can not prevent an applicant, or the public, from reading the information to the Planning Commission at the time of the hearing. He stated that it is difficult to differentiate oral input from written input. He expressed his concern that the proposed amendment may preclude valid input. Commissioner Balalis expressed his concern that many of the persons appearing before the Commission are average citizens which are representing themselves and are not familiar with all of the rules and regulations. In response to a question posed by Commissioner Person, Planning Director Hewicker stated that in many instances, the proposed amendment will still not allow sufficient time for staff to prepare adequate responses to the additional information. *on X Motion was made to amend the Rules of Procedure to Ayes X X require that all documents to be considered by the Noes X X X Planning Commission must be submitted no later than Abstain X X 12:00 noon on the day before the scheduled meeting. Exceptions will be granted only upon a showing of good cause. (Submit such documents, to the Planning Department), which MOTION FAILED. ADDITIONAL BUSINESS Session Scheduled Motion JXJX I XI I I Motion was made to schedule a Study Session on March All Ayes I X X X 22, 1984, at 3:00 p.m., to address a proposed increase for in -lieu parking fees, which MOTION CARRIED. Excused Absence Motion X Motion was made to excuse Commissioner Person from the All Ayes X.X X X X X March 8, 1984, Planning Commission Meeting, which • MOTION CARRIED. -44- ADDITIONAL I BUSINESS MINUTES February 23, 1984 : r c a m = m O p 0 City of Newport Beach INDEX Reconsideration of Use Permit No. 3082 Chairman King referred to a letter dated February 23, 1984, received from West Coast Investments, requesting that Use Permit No. 3082 be reconsidered by the Planning Commission. He stated that the applicant indicates in his letter that they were not adequately informed, relating to two additional conditions, which were imposed upon the project. Commissioner Kurlander stated that under the circumstances, the applicant should be given the opportunity to present additional information for the Planning Commission to consider. motion X Motion was made to reconsider Use Permit No. 3082, a All Ayes Y. X X X X X X request by West Coast Investments, at the Planning Commission Meeting of March 8, 1984, which MOTION CARRIED. • I I I I I I I I x� x Discussion on Use Permit No. 3071 Planning Director Hewicker stated that he has received a letter from Mr. Michael Clayton, representing the Newport Beach Tennis Club. He stated that the letter indicates that the Corona del Mar High School has denied the tennis club the use of their parking lot for overflow parking. He stated that the Planning Commission's action of February 9, .1984, specifically required the tennis club to obtain the approval of the high school for off - street parking. Planning Director Hewicker stated that the Planning Commission could either reconsider this item or let the applicant appeal the Planning Commission's action to the City Council. Commissioner Kurlander suggested that the applicant explore the possibility of utilizing the surrounding church facility parking lots. Planning. Director Hewicker stated that utilizing the church parking lots would not comply with the condition imposed on the use permit. Commissioner Goff stated that perhaps the I I I I I I I applicant did not adequately pursue the school district relating to the off - street parking. -45- Is February 23, 1984 o m m m. City of Newport Beach Chairman King suggested that the applicant appeal the Planning Commission's decision to the City Council. There being no further business, the Planning Commission adjourned at 10:20 p.m. x * t James Person, Secretary City of Newport Beach Planning Commission sm MINUTES