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HomeMy WebLinkAbout03/08/1990COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 P.M. DATE: March 8, 1990 CITY OF NEWPORT BEACH CALL III Jill I INDEX Present Absent * Commissioner Debay was absent. s r s EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Robert P. Lenard, Advance Planning Manager Patricia Temple, Principal Planner Don Webb, City Engineer Dee Edwards, Secretary • Minutes of February 22. 1990: Minutes of 2 -22 -90 Motion Motion was made and voted on to approve the February 22, Ayes * * * * * 1990, Planning Commission Minutes. MOTION CARRIED. Absent s s a Public Comments: Public Comments. No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, March 2, 1990, in front of City Hall. COMMISSIONERS CALL Motion Ayes Absent • March 8, 1990 CITY OF NEWPORT BEACH Request for Continuances: James Hewicker, Planning Director, stated that the applicant, Ardeshir Bahar, has requested that Item No. 4, Use Permit No. 3009 (Amended), property located at 2931 East Coast Highway, be removed from calendar until such time as the parking issue can be remedied or the project can be redesigned to accommodate the expansion of the restaurant located at the subject site. Mr. Hewicker requested that Item No. 7, Amendment No. 694, concerning nonconforming uses and structures, be continued to the April 5, 1990, Planning Commission meeting. Motion was made and voted on to continue Item No. 7, Amendment No. 694, to the April 5, 1990, Planning Commission * meeting. MOTION CARRIED. �I.. M1 . , Request to resubdivide an existing lot into a single parcel of land for two unit residential condominium development on property located in the R -2 District. LOCATION: Lot 10, Block 434, Corona del Mar, located at 426 Goldenrod Avenue, on the southeasterly side of Goldenrod Avenue, between First Avenue and Second Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Lance M. Larson, Villa Park OWNERS: Lance and Betty Lee Larson, Villa Park ENGINEER: Jones, Cahl and Associates, Huntington Beach The public hearing was opened in connection with this item and Mr. Dick Cahl appeared before the Planning Commission on 0 1111111 behalf of the applicant wherein he concurred with the findings and conditions in Exhibit 'W'. -2- MINUTES INDEX Request for Item No.1 8919 Approved COMMISSIONERS °�� °�,� �'� March 8, 1490 db o� � CITY OF NEWPORT BEACH MINUTES INDEX There being no others desiring to appear and be heard, the 7Absent public hearing was closed at this time. Motion was made and voted on to approve Resubdivision No. * * 919 subject to the findings and conditions in Exhibit "A'. MOTION CARRIED. FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to occupancy and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. 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. i4. That County Sanitation District fees be paid prior to issuance of any building permits. -3- COMMISSIONERS ��,�° �°�� d���� March 8, 1990 � ° � �' CITY OF NEWPORT BEACH MINUTES SOW ROLL CALL INDEX 5. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the City Council. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map prior to completion of the public improvements. 7. That the displaced and cracked sections of sidewalk be reconstructed along the Goldenrod Avenue frontage under an encroachment permit issued by the Public Works Department. 8. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 9. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 10. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Resubdivision No. 920 (Public Hearing) Item No.2 Request to resubdivide one lot and a portion of a second lot — R920 into a single parcel of land so as to allow alterations and additions to four existing residential units on the site. Approved LOCATION: Lot 25 and a portion of Lot 27, Block 238, Corona del Mar, located at 325 Marguerite Avenue, on the northwesterly side of Marguerite Avenue, between Bayside Drive and Seaview Avenue, in Corona del Mar. • ZONE: R -3 -4- COMMISSIONERS ,p o' March 8, 1990 \' CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX APPLICANT: The Olson Company, Seal Beach OWNER: Same as applicant ENGINEER: Alpine Consultants, Inc., Laguna Hills The public hearing was opened in connection with this item and Mr. Todd Schooler appeared before the Planning Commission on behalf of the applicant wherein he concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard the public hearing was closed at this time. motion * Motion was made and voted on to approve Resubdivision No. Ayes * * 920 subject to the findings and conditions in Exhibit "A". Absent * MOTION CARRIED. • FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 for the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from planning standpoint. 4. That public improvements may be required of a developer per Section 10.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to the issuance of a building permit for the proposed additions and alterations • unless otherwise permitted by the Public Works Department and the Planning Department and that the -5- COMMISSIONERS MINUTES March 8, 1990 ��0 • .� CITY OF NEWPORT BEACH ROLL CALL INDEX Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the driveway approach on Marguerite Avenue shall be widened to match the width of the garage openings unless otherwise approved by the City Traffic Engineer and the Public Works Department. . 4. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public. improvements. 5. That the displaced and tree damaged sections of sidewalk and broken sections of curb be reconstructed along the Marguerite Avenue frontage under an encroachment permit issued by the Public Works Department. 6. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel 'map. 7. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Resubdivision No 921 (Public Hearing) Item No.3 Request to resubdivide an existing lot into a single parcel of land R921 for two unit residential condominium development on property located in the R -2 District. Approved LOCATION: Lot 15, Block 737, Corona del Mar, located at 715 Larkspur Avenue, on the northwesterly • side of Larkspur Avenue, between Fourth -6- COMMISSIONERS W March 8, 1990 A CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Avenue and Fifth Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Bayland Company, Newport Beach OWNER: Cakmak Knudtson, Newport Beach ENGINEER: Erich Ziebarth, Fountain Valley The public hearing was opened in connection with this item and Mr. Ron Knudtson, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Edwards with respect to Condition No. 5 regarding vehicular access to the property, Don Webb, City Engineer, responded that staff • determined that there would not be a problem if all vehicular access to the property would be from the adjacent alley. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Resubdivision No. Ayes * 921 subject to the findings and conditions in Exhibit "A ". Absent * MOTION CARRIED. FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map 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 E Planning Commission is satisfied with the plan of subdivision. . 3. That the proposed resubdivision presents no problems from a planning standpoint. -7- COMMISSIONERS CITY OF NEWPORT BEACH March 8, 1990 MINUTES R O L T CALL I I I J i l l I I INDEX • 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to the occupancy, and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. 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. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the City Council. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map prior to completion of the public improvements. 7. That the existing trees be root pruned or replaced as approved by the Parks Beaches and Recreation District and that the tree damaged sections of curb, gutter and sidewalk be reconstructed along the Larkspur Avenue frontage under an encroachment permit issued by the Public Works Department. 8. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. COMMISSIONERS CALL March 8, 1990 CITY OF NEWPORT BEACH 9. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Use Permit No 3009 (Amended) Public Hearing) Request to amend a previously approved use permit that permitted the service of beer and wine in conjunction with an existing restaurant on property located in the C -O-Z District. The proposed amendment involves a request to expand and enclose an existing outdoor dining area of the restaurant. LOCATION: Parcel No. 1 of Parcel Map 6939 -90, 91 ( Resubdivision No. 179) located at 2931 East Coast Highway, on the southwesterly side of East Coast Highway between Iris Avenue and • Heliotrope Avenue, in Corona del Mar. ZONE: C -O-Z APPLICANT: Ardeshir Bahar, Architect, Laguna Hills OWNER: J. Ray Property Management, Irvine James Hewicker, Planning Director, stated that the applicant has requested that the subject item be removed from calendar until the parking issue can be remedied or the project can be redesigned to accommodate the expansion of the subject restaurant. A. General Plan Amendment No 89 -2(D )(Continued Public Hearing) Request to amend the Land Use Element of the General Plan so as to change the land use designation of the subject property from 'Retail and Service Commercial" to "Multi -Family I I I I I I I Residential'; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach RZ MINUTES INDEX Item No.4 fff3diLL•7l Removed from Calendar Item No.5 GPA 89 -2D COMMISSIONERS CALL March 8, 1990 CITY OF NEWPORT BEACH Request to amend the Local Coastal program Land Use Plan so as to change the land use designation of the subject property from "Retail and Service Commercial" to "Multi - Family Residential ". INPI'IATED BY: The City of Newport Beach C. Amendment No. 688 (Continued Public Hearing) Request to amend a portion of Districting Map No. 9 so as to reclassify the subject property from the SP -6 District to the SP- • 6 (MFR) SPR District and to establish on the Districting Map, 5 foot front yard setbacks on both the 19th Street and West Balboa Boulevard frontages of the subject property. D. Site Plan Review No. 55 (Public Hearing) Request to approve a site plan review so as to permit the construction of a five unit residential condominium development on property proposed to be rezoned to the SP -6 (MFR) SPR District. The proposal also includes a modification to the Zoning Code so as to allow a portion of the proposed building to encroach 5 feet into a newly established 10 foot rear yard setback, adjacent to the northwesterly property line. TULIP E. Tentative Man of Tract No. 14120 (Continued Public H Request to subdivide two existing lots into a single lot for a five unit residential condominium development and related garages, located on property to be rezoned to the SP -6 (MFR) SPR isDistrict. -10- MINUTES INDEX LCP #18 A688 APPROVED SPR No.55 TTM 14120 Referred to cc for Action COMMISSIONERS p 9d d CITY OF NEWPORT BEACH March 8, 1990 MINUTES ROLL CALL INDEX LOCATION: Lots 1 and 2, Block 219, Section A, Newport Beach, located at 1900 West Balboa Boulevard, on the northwesterly corner of 19th Street and West Balboa Boulevard, in the Cannery Village /McFadden Square Specific Plan. ZONE: SP-6 APPLICANTS: Todd Schooler and Steve McCluer, Newport Beach OWNER: William Tepper, Newport Beach ENGINEER: Alpine Consultants, Laguna Hills James Hewicker, Planning Director, stated that the addendum to the staff report addresses the City's in -lieu park dedication fee requirement, and he requested that Condition No. 17 be added • to the Tentative Map of Tract No. 14120 requesting that an in- lieu park dedication fee for five (5) dwelling units be paid in accordance with Chapter 19.50.of the Municipal Code. In response to a question posed by Commissioner Merrill regarding an encroachment permit for the driveways on 19th Street that must be approved by the City Council, Mr. Hewicker explained that if the City Council did not approve said permit, the applicant would be required to redesign the project. In response to a question posed by Commissioner Edwards, Robin Flory, Assistant City Attorney, explained that the foregoing request to add Condition 17 clarifies the City's park dedication requirement. The public hearing was opened in connection with this item, and Mr. Todd Schooler, 500 North Newport Boulevard, applicant, appeared before the Planning Commission. In response to a question posed by Chairman Pomeroy, Mr. Schooler recognized the condition requiring the park dedication fee. Mr. Schooler addressed Tentative Map of Tract No. 14120, Condition No. 6 in Exhibit 'W', regarding sight distance • requirements wherein he suggested that the condition be amended to require walls no higher than 2 feet. Mr. Webb -11- COMMISSIONERS MINUTES °�„ `� °� ; d�� March 8, 1990 � � � CITY OF NEWPORT 6EACH ROLL CALL INDEX explained that staff was concerned with the visibility at the reversing curve of the intersection of 19th Street and the driveway, and he indicated that the condition prohibits a future property owner from constructing an addition to the wall. Mr. Webb agreed to amend the condition stating that the walls and landscaping within the sight line would not exceed 2 feet in height. In response to a question posed by Mr. Schooler regarding Condition No. 9 of the Tentative Tract Map in Exhibit "A ", Mr. Webb replied that architects are not allowed to prepare improvement and grading plans for streets, drainage, and utilities. In response to a question posed by Chairman Pomeroy, Mr. Schooler concurred with the findings and conditions in Exhibit "A" with the exception of the foregoing conditions. In response to a question posed by Commissioner Edwards, Mr. Schooler and Mr. Webb discussed Condition No. b of the Tentative Tract Map, wherein Mr. Webb agreed to amend • Condition No. b: ".....Landscaping and walls within the sight line shall not exceed twenty four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer." Mr. Schooler addressed concerns that were previously expressed by the adjacent neighbors. He stated that the proposed project would upgrade the neighborhood considering the existing restaurant that is located on the subject property. Mr. Schooler indicated that the subject property would comply with the MFR development standards, and the project should be based only on the proposed 1.71 FAR. He commented that the proposed project is approximately two feet lower than the adjacent building; that based on the proposed open space the development does not appear bulky; that a ten foot setback is proposed; that the third floor is proportionately small to the adjacent structure; and that based on 1,200 square feet of lot area per unit, the lot area would allow 5 -1/2 units. Mr. Paul Driscoll, 207 - 19th Street, appeared before the Planning Commission as a resident of the Garden Peninsula Homeowner's Association. Mr. Driscoll addressed his concerns regarding the proposed five units on the subject lot; the exact location of the common property line between the subject • property and the property to the north; the person responsible if the existing trees between the property to the north and the -12- COMMISSIONERS MINUTES March 8, 1990 A CITY OF NEWPORT BEACH ROLL CALL INDEX responsible for trees damaged during construction, and add Condition No. 18 concerning in -lieu park dedication fees. Commissioner Glover did not support the motion based on the location of the development, the ingress /egress into the project, that five units on the lot is too much density for the subject property, and the Planning Commission should not be required to make a choice between the existing restaurant and the proposed project. Commissioner Pers6n supported General Plan Amendment No. 89 -2(D), Local Coastal Program Amendment No. 18, and Amendment No. 688, on the basis that the zone change from commercial to the MFR standards would be appropriate inasmuch as it would enhance the neighborhood. Chairman Pomeroy addressed the development standards of the MFR District and the proposed project. Mr. Hewicker indicated that the applicant would be required to provide a guest parking • space adjacent to the 7 -11 convenience market to the west, a back -up area for the garages, and an Encroachment Permit would be required to widen the driveway on 19th Street. Chairman Pomeroy supported the motion on the basis of the project's design at the subject location. Commissioner Pers6n did not support the project based on the location of the project, the density, bulk, and the lot's constraints. Commissioner Glover indicated her opposition to separate votes on the individual items. Substitute Motion Motion was made and voted on to separate the votes on the Ayes * * * individual items. MOTION CARRIED. No Absent Motion was voted on to approve General Plan Amendment No. Ayes * * * * * 89 -2(D) (Resolution No. 1217), Local Coastal Program No Amendment No. 18 (Resolution No. 1218), and Amendment No. Absent * 688 (Resolution No. 1219), subject to the findings and conditions in Exhibit 'W'. MOTION CARRIED. Ayes Motion was voted on to approve Site Plan Review No. 55 subject * * * to the findings and conditions in Exhibit W. MOTION t FAILED. -16- COMMISSIONERS \t\ � I March 8, ,1990 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Pers6n, Commissioner Merrill, and Mr. Schooler discussed the feasibility of an added condition that would require the applicant to replace the trees in the event they would be damaged or destroyed during construction, and the difference in height of the proposed development with the adjacent structure. Mr. Hewicker addressed the MFR District and the number of units allowed on the property wherein he stated that the subject property has specific development restraints: the applicant is required to provide a back -up area for the garages inasmuch as there is no alley; no access is allowed to the units from West Balboa Boulevard; and the irregular shape of the property creates development constraints. Mr. Hewicker indicated that he was not informed that the existing restaurant on the subject property had outdoor speakers. Mr. Schooler explained the specifications of the units as they were listed on the chart that was distributed to the Planning • Commission. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve General Plan Amendment No. 89- 2(D), Local Coastal Program Amendment No. 18, Amendment No. 688, Site Plan Review No. 55, and Tentative Map of Tract No. 14120 subject to the findings and conditions in Exhibit "A ". Commissioner Di Sano stated that the project was well - designed on a unique lot, that the project has merit, and that it would be an encumbrance on the applicant to request 4 units when the zoning regulations allow 5 units. Commissioner Pers6n requested that the Planning Commission vote on each application separately. Robin Flory, Assistant City Attorney, requested that General Plan Amendment 89 -2(D), Local Coastal Program Amendment No. 18, and Amendment No. 688 be voted on together for consistency to the General Plan. The maker of the motion agreed to vote on the items separately. The motion was amended to modify Condition No. 6, Tentative •ded Map of Tract No. 14120 as previously suggested by Mr. Webb, add Condition No. 17 stating that the applicant would be -15- COMMISSIONERS MINUTES °� March 8, 1990 �� q� \\ OF NEWPORT BEACH ROLL CALL INDEX Commissioner Pers6n addressed the City's noise abatement policy that is governed by the Police Department. Mr. Simon Falvey, property owner on West Balboa Boulevard appeared before the Planning Commission. Mr. Falvey concurred with the foregoing statements regarding the existing restaurant located at the subject site. He stated that any residential project would be an improvement over the restaurant. Mr. Jack Hardy, 1828 West Balboa Boulevard, appeared before the Planning Commission. Mr. Hardy addressed the downzoning of his property from the R -3 District to the R -2 District, the density of the subject project, and the parking deficiency on 19th Street. Mr. Hewicker explained that the proposed density meets the MFR zoning requirements, and provides 2 -1/2 parking spaces. per dwelling unit. Mr. Tom Hyams, 217 - 19th Street, property owner of a duplex, appeared before the Planning Commission. Mr. Hyams concurred with the neighbors' foregoing statements. He addressed the MFR District that was recently adopted in the Cannery Village /McFadden Square area, the project's height and density, and the existing lots that were downzoned from R -2 to R -1. Mr. Hyams supported the request to rezone the subject site from commercial to residential. Mr. Hewicker described the differences of the height limit, parking, and open space requirements in the R -3 and the MFR Districts. Discussion ensued between Commissioner Pers6n and Mr. Lenard regarding the MFR designation that was recently adopted within the Cannery Village /McFadden Square Specific Area Plan. Mr. Lenard stated that if the subject property had been previously designated residential, it would have been considered "multi- family residential" based on the property's lot size and location. Mr. Schooler reappeared before the Planning Commission wherein he addressed the foregoing concerns. He said that the trees are on Mr. Driscoll's property, the height of the proposed project will be less than allowed by the MFR District, and the size of the units will vary from 1,250 square feet to 1,800 square feet. He stated that inasmuch as the project's design addresses the size and floor area ratio of the building and the open space . that it does not appear to have a "boxy' appearance. -14- COMMISSIONERS CITY OF NEWPORT BEACH March 8, 1990 MINUTES ROLL CALL I I I J i l l I I INDEX proposed project are destroyed; that according to his calculations, the proposed project is approximately nine inches higher than his building; and the view from his deck and kitchen areas be protected. Mr. Driscoll commented that the project would enhance the neighborhood. Commissioner Pers6n stated that the City does not protect private views from private property. In response to a question posed by Mr. Driscoll, James Hewicker, Planning Director, explained that the building height allowed at the existing site under the current commercial zoning standards would be 26 feet high for a flat roof and 31 feet to the top of a pitched roof. Mr. Hewicker commented that the MFR District allows a 28 foot height limit for a flat roof and 32 . feet to the top of a pitched roof. In response to questions posed by Commissioner Di Sano, Mr. • Driscoll explained that his primary concern is that the condominiums would become rental units and not occupied by permanent residents. He further replied that he does not object to the existing restaurant. In response to a question posed by Commissioner Edwards, Mr. Hewicker explained that the power pole and sidewalk on 19th Street is shown on the parcel map as the common property line between the subject property and the property to the north. Mr. Webb stated that the location of said property line will be determined when an engineer surveys the area at the time the parcel map is prepared. Commissioner Pers6n and Chairman Pomeroy addressed the issue of the trees being too close to the wall or structure, or being damaged during construction, and Robin Flory, Assistant City Attorney explained that the issue needs to be resolved between the property owners. Carol Martin, 1824 West Ocean Front, appeared before the Planning Commission. Mrs. Martin addressed the difficulties that have disturbed the residents regarding the subject site and the existing restaurant wherein she discussed the approved liquor license, customers' behavior, noise, the restaurant management not cooperating with the residents' requests, trash, odors emitting • from the restaurants' drainage, and outdoor patio speakers. In response to a question posed by Chairman Pomeroy, Mrs. Martin explained that she has not reviewed the subject project. -13- COMMISSIONERS °� �'o� °��� March 8, 1990 A �� �� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Discussion ensued with respect to the foregoing motion's failure to pass, and Commissioner Pers6n's suggested that Site Plan Review No. 55 and Tentative Map of Tract No. 14120 be referred to the City Council. Discussion ensued regarding Commissioner Edwards' suggestion that the Site Plan Review and Tentative Map be continued to the April 5, 1990, Planning Commission meeting. Discussion ensued between the Planning Commission and Mr. Hewicker with respect to the feasibility of voting on Tentative Map of Tract No. 14120. The Planning Commission recessed at 9:10 p.m. and reconvened at 9:20 p.m. Ayes * * * Motion was voted on to approve the Tentative Map of Tract No. Noes * * * 14120 subject to the findings and conditions in Exhibit "A ". ent * MOTION FAILED. on * Substitute motion was made to deny the Tentative Map of Tract Ayes No. 14120 based on findings suggested by Ms. Flory: that the site Noes * * is not appropriate for the density being proposed; the design of Absent * the project has problems from a planning standpoint in the areas of building mass, bulk, and parking; and the Planning Commission is not satisfied with the plan of the subdivision. Commissioner Pers6n confirmed that the findings are appropriate for the subject site. He emphasized that he approves of the architecture of the building; however, he said the project is not appropriate for the subject site. Motion voted on, MOTION FAILED. Motion * Motion was made to continue Site Plan Review No. 55 and Tentative Map of Tract No. 14120 to the April 5, 1990, Planning Commission meeting on the basis that seven Commissioners would be attending the Planning Commission meeting. Commissioner Pers6n opposed the motion on the basis that there is no guarantee that seven Commissioners would be available on April 5, 1990, to address the items. He suggested that the items, be referred to the City Council. Commissioner Pers6n and Commissioner Edwards discussed the feasibility of recommending that the City Council review the subject items with the applicant's approval, or to continue the items to April 5, 1990. -17- COMMISSIONERS MINUTES o� � �'o�°� o�n� March 8, 1990 ��� �� CITY OF NEWPORT BEACH ROLL CALL INDEX Chairman Pomeroy did not support the motion to continue the Motion items. Commissioner Edwards withdrew the substitute motion. Withdrawn In response to a question posed by Chairman Pomeroy, Mr. Schooler reappeared before the Planning Commission wherein he agreed to pass Site Plan Review No. 55 and the Tentative Map of Tract No. 14120 to City Council. Mr. Schooler asked if he could include the Encroachment Permit inasmuch as the Site Plan would be considered by the City Council. Chairman Pomeroy affirmatively agreed. Commissioner Pers6n explained that the applicant would waive any rights on the Subdivision Map Act as the result of the action by the Planning Commission. Mr. Schooner agreed on the basis that regardless of the action that was taken by the Planning Commission, the items would have been further reviewed by the City Council at a later date. 'Motion Motion was made and voted on to refer Site Plan Review No. Ayes * 55 and Tentative Map of Tract No. 14120 to the City Council Absent * based on the Planning Commission's tied votes to approve and deny said items. The applicant waived his rights under the • Subdivision Map Act with respect to the action taken by the Planning Commission. MOTION CARRIED. FINDINGS AND CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 89 -2(D) LOCAL COASTAL PROGRAM AMENDMENT NO. 18 AMENDMENT NO. 688 RELATED ENVIRONMENTAL DOCUMENT A. Environmental Document: Accept the environmental document, making the following findings and requiring the following mitigation measure: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. • 3. The project will not have any significant environmental impact. -18- COMMISSIONERS CITY OF NEWPORT BEACH March 8, 1990 MINUTES ROIL-CALL 1 1 1 1 1 1 1 1 I INDEX 4. That based on information contained in the Initial Study, Negative Declaration, and supportive materials thereto, that if the mitigation measures are incorporated into the project, it will not have a significant adverse impact on the environment. 5. Deleted. MITIGATION MEASURES: 1. All exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL contour shall be constructed with 6 -foot high noise barriers. The noise barrier shall be continuous (no opening or gaps) and have a minimum density of 3.5 pounds per square foot. The walls may be stud walls with cement plaster exterior, 1.4 inch plate glass, 5.8 inch plexiglass, any masonry material, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 2. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed so as to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a building permit, a qualified licensed engineer practicing in acoustics shall review final architectural plans to determine what building upgrades will be necessary to achieve this standard. The Building Department shall require that such upgrades be incorporated into the plans prior to issuance of the Building permit. Most likely the only building upgrade that will be required is higher rated windows such as 3.16 inch single pane glass for all windows that are exposed to Newport Boulevard. 3. Prior to the issuance of the Certificate of Occupancy, a qualified engineer practicing in acoustics shall verify to the Planning Department that the above requirements have been met. 1111111 4. Compliance with these mitigation measures shall be verified by the Planning and Building Departments prior to the issuance of the Certificate of Occupancy. -19- COMMISSIONERS March 8, 1990 A �0' \u' �\ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX B. GENERAL PLAN AMENDMENT NO. 89 -2(" Adopt Resolution No. 1217, recommending it to the City Council, Resolution as set forth in the attached Resolution. No. 1217 C. LOCAL COASTAL PROGRAM AMENDMENT NO 18• Adopt Resolution No. 1218, recommending it to the City Council, as set forth in the attached Resolution. Resolution No. 1218 D. AMENDMENT NO. 688: Adopt Resolution No. 1219 recommending approval of Amendment No. 688 to the City Council. Resolution No. 1219 A. Traffic Study No. 63 (Public Hearing) Item No.6 TS 63 • Request to approve a Traffic Study so as to permit the construction of 90 additional dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report. x.705 Res.1220) TTM14055 AND CRDP 17 B Amendment No. 70 (Public Hearing) (Noticed as Amendment No. 698) Approved Request to amend the Villa Point Planned Community Development Plan so as to reclassify the subject property from "Office/Visitor Serving Commercial" to "Multi - Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2. AND C Tentative Map of Tract No 14055 (Public Hearing) Request to subdivide two existing parcels of land containing 9.3 t acres, into a single lot for a 90 unit residential condominium development; and s AND -20- COMMISSIONERS March 8, 1990 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX D Coastal Residential Development Permit No 17 (Discussion) Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. LOCATION: Portions of Blocks 94 and 55, Irvine's Subdivision and Parcel 1 of Parcel Map 12- 21 (Resubdivision No. 242), located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Villa Point Planned Community. ZONE: P -C • APPLICANT: Regis Contractors, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams /Streeter, Irvine Commissioner Pers6n referred to Condition No. 15 with respect to the landscape plan for the corner of East Coast Highway and Jamboree Road, and he asked if the condition could be modified to state %shall be submitted to the Planning Commission prior to implementation for final review..:' Patricia Temple, Principal Planner, explained that the revised condition would be acceptable to staff, however, she suggested that the Planning Commission provide specific guidance to the applicant. In response to a question posed by Commissioner Glover, Commissioner Pers6n clarified the modified condition. Ms. Temple requested that Mitigation Measure No. 26 be changed from Newport Boulevard to Jamboree Road and East Coast Highway. Ms. Temple referred to the supplemental staff report wherein staff proposed revisions to EIR Mitigation • -21- COMMISSIONERS MINUTES ��o,� q� ���.� March 8, 1990 A W CITY OF NEWPORT BEACH ROLL CALL INDEX Measures No. 23, 36, and 37, and Tentative Map of Tract No. 14055, Condition No. 26. The public hearing was opened in connection with this item and David Dmohowski, representing The Irvine Company, and David McMahan, Project Manager for Regis Contractors, appeared before the Planning Commission. In response to a question posed by Chairman Pomeroy, Mr. Dmohowski indicated that the applicants concur with the findings and conditions in Exhibit "A" with the exception of affordable housing and views. Mr. Dmohowski referred to Condition No. 2, Coastal Residential Development Permit No. 17, regarding affordable units. He requested that the condition be modified so as to be consistent with the Affordable Housing Agreement that was executed with the City at the time Phase One; Villa Point, was approved. He said the Agreement requires 10 percent HUD Low and 10 percent County Median. He requested that Condition No. 2 be • modified to state "nine units as HUD Low Income and nine units as County Median", so as to be consistent with the previous Agreement. Mr. Dmohowski explained that there are no Governmental subsidies or financial incentives available from the City to assist in the affordable housing provision, therefore, any subsidies that are provided would be at the expense of the property owner. Mr. Dmohowski stated that the applicants concur with all of the remaining terms and conditions of the affordable housing program as recommended by staff. In response to a question posed by Chairman Pomeroy, Mr. Dmohowski explained that to provide 20 percent affordable units, the applicants would request a revision as to how the units are to be broken down in the affordability category. He further explained that 20 percent of the 90 units requested would be 18 units, and of the 18 units the applicants are requesting nine units low income and nine units County median. Commissioner Pers6n referred to Condition No. 3, Coastal Residential Development Permit No. 17, and he asked if the City was now requiring a thirty year affordability. Robert Lenard, Advance Planning Manager, explained that Condition No. 2 is consistent with the Newport Beach Housing -22- COMMISSIONERS CITY OF NEWPORT BEACH March 8, 1990 MINUTES ROLL CALL I I I J i l l I I INDEX Element, and the requested affordability standards are similar to other projects approved by the City. He said that the approval of Phase One, Villa Point, gave the applicants the ability to provide the units off -site and that the same flexibility is proposed for this phase. The affect of Villa Point, Phase One, was to condition some of the units to be at rents that were essentially above market rate, so rather than have a reduction in rents on the existing apartment project, there was no effect. The City was designating specific units where the "affordable" rent standard exceeded what could be charged, based on the market. On that basis, staff has recommended (consistent with the Housing Element), that the Section 8 Standard be used so that the City will receive benefit from the imposition of the condition. Mr. Lenard explained that the Planning Commission could proceed with the staff recommendation so as to be consistent with the Housing Element; however, he suggested that the application be continued to a future Planning Commission meeting if it is the • desire of the Planning Commission to modify the affordable housing condition so as to allow staff additional time for further review of the Housing Element, and preparation of additional findings. In response to a question posed by Chairman Pomeroy, Mr. Lenard explained that Phase One of Villa Point was approved prior to the adoption of the General Plan Housing Element currently in effect, and that the most recent amendments were partly in response to the Villa Point Phase I affordable requirements which had no effect on rents. Commissioner Di Sano indicated that the entire Villa Point project was not approved simultaneously because of the service station that was previously located at the subject site. In response to a question posed by Commissioner Pers6n with respect to the twenty year term of affordability, Mr. Lenard explained that the Housing Element requires a minimum term of twenty years. He indicated that the City Council has been placing a thirty year moratorium on high density projects that include a Density Bonus. IM1111111� COMMISSIONERS .o � O'' �'py�,� pin �,�o� ��m ��. March 8, 1990 A CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Robin Flory, Assistant City Attorney, addressed the new Government Code provisions of the Incentive Density Bonus that require the thirty year affordability. Mr. Dmohowski addressed Condition No. 15, the landscape plan for the comer of East Coast Highway and Jamboree Road. He explained that a view analysis evaluates the project with the proposed landscaped treatment. Mr. Dmohowsld and Mr. McMahan presented an overlay of the project in conjunction with the proposed landscape plan, and the visual impact the landscaping would have from East Coast Highway. Mr. Dmohowski explained that the intent of the landscaping is to screen the profile of the project from the East Coast Highway and Jamboree Road intersection. In response to a question posed by Commissioner Pers6n regarding a modification to Condition No. 15, Mr. Dmohowski • requested the provision of an adequate landscape plan be required prior to the issuance of the Building Permit. Mr. Dmohowski did not object to Condition No. 15 as submitted by staff; however, he said this theme landscape treatment exists on most of the comers in Newport Center and the theme treatment would be severely impacted by Mitigation Measure No. 15 and Condition No. 24 of the Tentative Map of Tract No. 14055. Mr. Dmohowski recommended a revision to Mitigation Measure No. 15 as follows: "The landscape plan for the comer of East Coast Highway and Jamboree Road shall be designed in such a manner as to allow for public views through the area to the Dover Shores bluff faces. ", and that Condition No. 24 be deleted. Mr. Dmohowski did not oppose a further review by the Planning Commission provided it would not delay the permit process. Commissioner Pers6n opposed The Irvine Company's revised Mitigation Measure No. 15 and deleted Condition No. 24 inasmuch as he said there is no density study for the proposed palm trees as the trees relate to the project, and it would be an opportunity for the applicant to review with staff the density as it relates to the entrances to Newport Center as the project progresses. Commissioner Merrill and Commissioner Pers6n discussed the view corridor as it relates to the proposed palm trees. • 24 COMMISSIONERS CALL. March 8, 1990 CITY OF NEWPORT BEACH Chairman Pomeroy referred to Condition No. 24, Tentative Map of Tract No. 14055, and staffs request that the intersection be graded down from 81 to 85 feet. Don Webb, City Engineer, explained that staff has requested a flat plane so as to enhance the view corridor. In response to a question posed by Commissioner Merrill, Mr. Webb replied the former service station was not constructed over the sewer easement. Mr. McMahan demonstrated from the exhibit that the easement is located substantially behind the wall. In response to a question posed by Commissioner Merrill with respect to a review of the landscape plan, James Hewicker, Planning Director, explained that staff recommended mitigation measures and conditions that reflect concerns previously expressed by the City Council regarding the location, height and landscape treatment of was and the loss of public views. • Commissioner Edwards supported revised Mitigation Measure No. 15 as suggested by Commissioner PersGn so as to allow further review by the Planning Commission. Mr. Dmohowski requested that 'No increase in grade elevation is allowed, and some reduction in grade elevation may be required to enhance views across the site ", be deleted from Mitigation Measure No. 15 inasmuch as the mitigation measure and Tentative Map of Tract No. 14055, Condition No. 24 would be in conflict with a future decision made by the Planning Commission wherein it would necessitate a further amendment to the conditions of approval. Commissioner Merrill and Mr. McMahan discussed the visual impact of the proposed grading outside of the wall inasmuch as it elevates from 81 feet to 87 feet. Commissioner Glover expressed her concern that the developer should be aware of the public's interest in the development on the undeveloped site inasmuch as it could be considered an intrusion of the view plane. Mr. Dmohowski responded that the public view is minimal for the westbound driver on East Coast Highway; however, he indicated that the developer is attempting • to preserve a view plane at the development site. -25- MINUTES INDEX COMMISSIONERS ��os, � ��'��. March 8, 1990 S W CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Mr. Lenard addressed Coastal Residential Development Permit No. 17, Condition No. 2, wherein he indicated that the range in the Housing Element for the proposed development is from 15 percent to 25 percent at the "fair market rent ". He explained that the Planning Commission would have a 15 percent to 25 percent latitude to be consistent with the Housing Element. He recommended that if the Planning Commission approved less than 15 percent of "fair market rent", that a finding be made stating it would not be economically feasible to provide more than 10 percent. Motion * Motion was made to approve Traffic Study No. 63, the acceptance of an Environmental Impact Report, Amendment No. 705 (Resolution No. 1220), Tentative Map of Tract No. 14055, and Coastal Residential Development Permit No. 17, subject to . the findings and conditions in Exhibit "A ", including revisions recommended by staff as indicated in the addendum to the staff report: Mitigation Measures No. 23, No. 36, No. 37, Tentative Map of Tract No. 14055 Condition No. 26; that Mitigation Measure No. 15 be modified to state "That the landscape plan for the comer of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission at a later date'; and Mitigation Measure No. 26 be corrected as previously stated. In response to a question posed by Chairman Pomeroy, Mr. Webb did not object to the applicant's request to delete Tentative Map of Tract No. 14055 Condition No. 24 as long as Mitigation Measure No. 15 remains inasmuch as the conditions are redundant. The maker of the motion agreed to delete Condition No. 24 stating '"That the triangular area between the sewer easement and the East Coast Highway /Jamboree Road intersection be graded down to an elevation of 81 to 85 to provide a view corridor for westbound East Coast Highway traffic and that landscaping in this area be designed to provide a view corridor." Chairman Pomeroy concurred with Commissioner Glover's • concerns with respect to the view impact from East Coast -26- COMMISSIONERS MINUTES OaA do�.O� March 8, 1990 A CITY OF NEWPORT BEACH ROLL CALL INDEX Highway inasmuch as the intersection has high visibility. He expressed a desire to satisfy The Irvine Company as well as the residents of Newport Beach so as to provide public view preservation. In response to a question posed by Commissioner Merrill, the maker of the motion requested that the landscape plan be reviewed by the Planning Commission prior to the implementation of any landscaping. Discussion ensued between the Planning Commission and staff with respect to when the Planning Commission should consider reviewing the landscape plan. Commissioner Merrill suggested a modification to Amended Mitigation Measure No. 15 by deleting the reference to the grade elevation. Patricia Temple, Principal Planner, suggested that the mitigation measure be modified to state that one of the issues that would be addressed would be the grade elevations at the intersection, and that the Planning Commission review the landscape prior to the issuance of the Grading Permit. • Ms. Temple addressed staffs request to revise the proposed Planned Community District Regulations and Development Plan with respect to private street setback; that no structures are permitted. over the sewer line as requested by the County Sanitation District of Orange County; and a landscape condition that would be modified to reflect the mitigation measure. The maker of the motion agreed to include the foregoing changes in the motion. Mr. Dmohowski reappeared before the Planning Commission wherein he requested a flexibility of proceeding with the grading plan, recognizing the landscape treatment would be subject to review. Chairman Pomeroy concurred; however, he explained that if the grading plan would be required to be further modified that there would be an additional cost to the developer. Mr. Webb indicated that the cost incurred would be minimal inasmuch as the structures and roadways are set back if additional grading is required. Commissioner Merrill expressed his concerns with respect to the foregoing request. Commissioner Pers6n modified Mitigation Measure No. 15 stating that the Planning Commission review the landscape plan prior to the issuance of the Building Permit for the wall. -27- COMMISSIONERS MINUTES �A �O O d� �'�o ° q.� �'��. March 8, 1990 W CITY OF NEWPORT BEACH ROLL CALL 111 Jill INDEX Motion was voted on to approve Traffic Study No. 63, the Environmental Impact Report, Amendment No. 705 (Resolution Ayes * * * * * No. 1220), Tentative Map of Tract No. 14055, and Coastal Absent * Residential Development No. 17, including added and revised findings and conditions in Exhibit "A' as stated and the revisions to the proposed Planned Community District Regulations and Development Plan as suggested by staff. MOTION CARRIED. A. Environmental Impact Report No. 146 Findines: 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That all potential significant environmental effects which • could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance in all areas, and that the only remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. s-28- COMMISSIONERS '� `d CD d ���.� �`�.� ����. March 8, 1990 �� � CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 2. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize the impacts of haul operations. 3. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department prior to the issuance of the grading permit. A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 4. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the grading engineer. 5. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be furnished to the Building Department prior to the issuance of building permits. 6. Recommendations included in the Geotechnical Report shall be incorporated into project design where appropriate. The Building Department shall verify the application of the appropriate recommendations prior to the issuance of grading permits. 7. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. 8. 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 such a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This shall be reviewed and approved by the Building Department. -29- COMMISSIONERS �o� ° �.� �'�. March 8, 1990 W CITY OF NEWPORT BEACH MINUTES ROLL CALL 11 Jill INDEX 9. The development shall provide for vacuum sweeping of parking areas. 10. A paleontological monitor shall be retained by the landowner and /or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed materials. 11. Should fossils be discovered during grading operations, the landowner shall donate the fossils collected to a non -profit institution. 12. Existing on -site drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 13. A landscape plan, prepared by a licensed landscape architect, shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation Department and approved by the Planning and Public Works Departments. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 14. Landscaped areas shall be irrigated with a system designed to avoid surface run -off and over - watering. 15. The landscape plan for the comer of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission prior to the issuance of the Building Permit. That one of the issues to be addressed would be the grade elevations at the intersection. -30- COMMISSIONERS ROLL CALL March 8, 1990 CITY OF NEWPORT BEACH 16. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. 17. The project shall be designed so as to eliminate light and glare spillage onto adjacent properties. 18. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. • engineer practicing in acoustics and approved by the -31- MINUTES INDEX 19. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 20. Street signs, tables, benches, planters, and other similar features on -site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works, and Parks, • Beaches and Recreation Departments prior to the issuance of an occupancy permit. 21. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements. 22. The project shall provide for the reservation of right -of- way for the potential future grade separation of East Coast Highway and Jamboree Road as called out in the City's General Plan. 23. Construction activities will be conducted in accordance with Section 10.28.040 of the Newport Beach Municipal Code, which limits noisy construction activities. 24. Any mechanical equipment and emergency power generator shall be screened from view, and noise associated with said facilities 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 registered • engineer practicing in acoustics and approved by the -31- MINUTES INDEX COMMISSIONERS CITY OF NEWPORT BEACH March 8, 1990 MINUTES ROLL CALL III Jill I , INDEX Building Department. 25. All exterior living areas (e.g. balconies and patios) which He within the 65 CNEL contour shall be constructed with 6 foot high noise barriers. The noise barriers shall be continuous (no openings or gaps) and have a minimum density of 3.5 pounds per square foot. The walls may be stud walls with cement plaster exterior, Y4 inch plate glass, 5/8 inch plexiglass, any masonry material, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 26. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a building permit, a registered engineer practicing in acoustics shall review final architectural plans to determine what building • upgrades will be necessary to achieve this standard. The Building Department shall require that such upgrades be incorporated into the plans prior to the issuance of the building permit. Most likely the only building upgrade that will be required is higher rate windows such as 3/16 inch single pane glass for all windows that are exposed to East Coast Highway and Jamboree Road. 27. Prior to the issuance of the occupancy permit, the Building Department shall require that an acoustical analysis be conducted by a registered engineer practicing in acoustics (at the developer's expense). This analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the worst case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. 28. A dust control program in compliance with South Coast •Air Quality Management District Rule 403 shall be 11 1 -32- COMMISSIONERS CALL March 8, 1990 CITY OF NEWPORT BEACH implemented during demolition, excavation and construction. This program shall include such measures as: containing soil on -site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. 29. Prior to the issuance of building permits, the Fire Department shall review the proposed plans to determine the adequacy of emergency access. The Department may require indoor fire protection features, such as overhead fire sprinklers, if it determines that such measures are necessary to provide adequate fire protection. 30. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. • 31. All onsite fire protection (hydrants and Fire Department connections) shall be approved by the Fire Department and Public Works Department. 32. The applicant shall install an Opticon device in the Back Bay Drive /jamboree Road signal. 33. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using devices. This shall be verified by the Building Department prior to issuance of occupancy permits. 33. Prior to issuance of building or grading permits, a master plan of water and sewer facilities shall be prepared for the site. The applicant shall verify the adequacy of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 34. Prior to the occupancy of any building, the applicant shall • provide written verification from the Orange County 33- MINUTES INDEX COMMISSIONERS CALL • 0 March 8, 1990 CITY OF NEWPORT BEACH Sanitation District that adequate sewer capacity is available to serve the project. 35. Prior to the approval of the final tract map, the applicant shall consult with the City of Newport Beach Public Works Department and OCTD regarding the provision of a bus stop and related amenities (i.e., shelter, bench) along East Coast Highway adjacent to the project site, and shall install any facilities determined to be necessary by the City and OCTD. 36. The applicant shall contribute a fair share contribution to the schools, if required by the school district. 37. The project shall provide recycling disposal areas for the voluntary rec aluminum and glass. The project mechanism for the collection and disposed of in this manner. Subjec the Planning Department and Department, this program may be which accomplishes recycling without B. Traffic Study No. 63. Findings: bins in the trash rcling of newspaper, .hall also provide a recycling of items to the approval of General Services substituted for one source point sorting. 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary- modified, or primary street. -34- MINUTES INDEX COMMISSIONERS MINUTES March 8, 1990 A CITY OF NEWPORT BEACH ROLL CALL 111 Jill INDEX C. Amendment No. 705, Adopt Resolution No. 1220, recommending adoption of Amendment No. 705 to the City Council. D. Tentative Map of Tract No. 14051 Fin in 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use. of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. • Conditions: 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. 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 in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. 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. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review • by the Traffic Engineer. -35- COMMISSIONERS o��� �`�� ��� March 8, 1990 S �� �� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 6. That the design of the private streets and drives conform with the City s Private Street Policy (LA), except as approved by the Public Works Department. The private street clear width from Back Bay Drive to the Parking Court shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. That the private street be widened at the southwesterly corner of the development to provide adequate turning movement for trucks and that the curb return at that location have a minimum 25' radius. 7. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 8. 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. 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 10. That easements for public emergency and security 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. 11. That asphalt or concrete access roads shall be provided to • all public utilities, vaults, manholes, and junction structure -36- COMMISSIONERS MINUTES '� A �d,d o�o� d�� ��'�� March 8, 1990 A W CITY OF NEWPORT BEACH ROLL CALL INDEX parking plan for workers must be submitted and approved by the Public Works Department. 19. That the trash enclosures be located so that they do not restrict vehicular sight distance. 20. That sidewalk connections be made between Back Bay Drive and East Coast Highway and between the Jamboree Road /Coast Highway intersection and the westerly comer of the tract improvements. 21. That the footings on the proposed structures adjacent to the existing County Sanitation Sewer Main be deepened so that excavation of the existing sewer main using a one to one (1:1) slope from bottom of existing sewer will not under -cut the footings of the proposed structures. • 22. That no mounding or fills be placed over the Sanitation District Sewer Easement and that the landscaping plan in the sewer easement area be approved by the Orange County Sanitation District with no trees or plants larger then 6 feet in height at full growth. 23. That an irrevocable offer to dedicate street right -of -way for a future grade separation at Jamboree Road and East Coast Highway be offered and shown on the tract map. The area is as generally shown on the tentative map; the final configuration is to be approved by the Public Works Department. 24. Deleted. 25. A traffic control plan shall be prepared showing all signs and markings including fire lanes. 26. The project shall pay in -lieu park fees pursuant to Chapter 19.50 of the Newport Beach Municipal Code. This fee can be satisfied through the use of existing park dedication credits generated by the dedication of the Mouth of Big Canyon and Bonita Creek Park. • -38- COMMISSIONERS S d CITY OF NEWPORT BEACH March 8, 1990 MINUTES ROLL CALL INDEX locations, with width to be approved by the Public Works Department. 12. That all vehicular access rights to East Coast Highway and Jamboree Road be released and relinquished to the City of Newport Beach. 13. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 14. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuing any grading or building permits or recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by • the study shall be the responsibility of the developer. 15. That County Sanitation District fees be paid prior to issuance of any building permits. 16. That the Public Works Department plan check and inspection fee be paid. 17. That any Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 18. 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. No construction storage or delivery of materials shall be stored within the East Coast Highway or Jamboree Road right -of -way. Prior to issuance of any Grading Permits,.a • -37- COMMISSIONERS MINUTES 'd � to O. d �'�,o�a dq'� ��''.� March 8, 1990 A W CITY OF NEWPORT BEACH ROLL CALL INDEX E Coastal Residential Development Permit No. 17, Findin 1. That the proposed development has met the requirements of Chapter 20.69 of the Newport Beach Municipal Code. Conditions: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of eighteen affordable dwelling units on -site or off -site within the City, subject to the mutual agreement of the City and The Irvine Company. The affordable housing agreement shall be recorded as a deed restriction against the property. • 2. The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families (using Health and Safety Code Section 50093 income standards) at Section 8 fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. Preference shall be given to Section 8 certificate or voucher holders. 3. The term of affordability shall be twenty years. 4. If it is proposed to provide the affordable housing units off -site within the City, the affordable housing agreement shall include provisions regarding the timing of the affordable units in relation to the occupancy of this project. • -39- COMMISSIONERS db �,o� ��,� ��. March 8, 1990 CITY OF NEWPORT BEACH MINUTES ROLL CALL 111 Jill I INDEX Amendment No. 694 (Public Hearing) Item No. 7 Request to consider an Amendment to Title 20 of the Municipal A694 Code as it applies to nonconforming uses and structures. INITIATED BY: The City of Newport Beach cont ' d to 4 -5 -90 James Hewicker, Planning Director, requested that this item be continued to the April 5, 1990, Planning Commission meeting to allow the Office of the City Attorney sufficient review time. Motion Motion was made and voted on to continue this item to the Ayes April 5, 1990, Planning Commission meeting. MOTION Absent * CARRIED. s s s Amendment No. 702 (Public Hearing) Item No.8 Request to consider an amendment to Title 20 of the Municipal A702 • Code so as to revise the R -2 District Standards in Corona del Mar pertaining to off - street parking, setbacks from alleys, access to dwellings and extensions into yards. Failed INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, referred to the letter from the Corona del Mar Residents Association, May, 1989, requesting changes in the R -2 District regulations in Corona del Mar that would prohibit encroachments in the R -2 side yard setbacks. Mr. Hewicker stated that the MFR District requires a minimum 4 foot side yard setback for access between the street and the primary entrance to a dwelling, and a 3 foot area in the side yard that cannot be obstructed. He stated that the City Council has requested changes in the R -2 District standards in Corona del Mar to increase the parking requirements to 2 parking spaces per dwelling unit, and to change the alley setback from 5 feet to 8 feet. In response to a request for clarification posed by Commissioner Di Sano with respect to parking and alley space, Mr. Hewicker explained that an 8 foot wide rear yard setback would increase • the accessibility for a garage on the opposite side of an alley -40- COMMISSIONERS MINUTES March 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX with a zero rear yard setback. He said that an 8 foot wide setback allows parking parallel to the alley in front of a garage. Commissioner Merrill addressed the parallel parking in the alley between the Grand Canal and Marine Avenue. Mr. Hewicker explained that there are deep lots in Corona del Mar that can accommodate an additional 3 foot rear yard setback that other areas throughout the City cannot accommodate. The public hearing was opened in connection with this item, and Mr. Brion Jeannette, architect, appeared before the Planning Commission wherein he asked if a resident could park a boat or a recreational vehicle in the 8 foot rear yard setback. He further asked if the intent of the 8 foot setback was to relocate, the garages only, or to relocate fences and other obstructions. He asked if the allowable buildable area of a site would be affected if the rear yard setback adjacent to an alley would be changed from 5 feet to 8 feet. Mr. Hewicker replied that the buildable . area would be figured from the 8 foot rear yard setback. Mr. Jeannette concluded that the buildable area of a site would be reduced. Mr. Jeannette referred to the proposed revision to Section 20.15.045, Access to Dwellings and Extensions into Yards, stating that '"The requirements of this section are not intended to affect the buildable area of a lot." He said that this wording could also be added to the Municipal Code if an 8 foot rear yard setback is required adjacent to an alley. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Amendment No. 702 (Resolution No. 1221), including an amendment to Section 20.15.040 C. Rear Yards, to add "..the requirements of this section shall not affect the buildable area of the lot..:'. Commissioner Edwards asked if the foregoing modification was the intent of the adoption of the amendment. Mr. Hewicker explained that the intent of the revision was not to reduce the allowable square footage on a lot as much as creating additional maneuverability in the alley, or providing another parking space • parallel to the alley to be used on a temporary basis. -41- COMMISSIONERS �o � � o ���',� o£�,� �oq� March 8, 1990 d �� W CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Merrill and Mr. Hewicker discussed how far a second story could cantilever into the alley. Chairman Pomeroy stated that the proposed amendment would allow persons to park parallel to an alley, but it would reduce maneuverability inasmuch as an automobile may extend into the alley. He further stated that the 8 foot rear yard setback adjacent to an alley would encourage residents not to use garages inasmuch as they would be able to park adjacent to an alley. He indicated that they are not currently parking their automobiles in the alley very often. Ayes Noes The motion was voted on, MOTION FAILED. Absent Amendment No. 703 (Public Hearing) Item No .9 A703 • Request to consider an amendment to Title 20 of the Municipal Code so as to regulate transfers of development rights in non- (Res.1222) residential areas. Approved INITIATED BY: The City of Newport Beach In response to a question posed by Commissioner Edwards, Robert Lenard, Advance Planning Manager, explained that there are no limits on the number of transfers of development rights and they are not irreversible once a transfer is made for a particular use. He said that there is an absolute limit of 1.0 Floor Area Ratio. The public hearing was opened in connection with this item. There being no one to appear and be heard, the public hearing was closed at this time. notion * Motion was made and voted on to adopt Amendment No. 703 Ayes * * * (Resolution No. 1222) recommending to the City Council the Absent * adoption of Amendment No. 703. MOTION CARRIED. s s -42- E COMMISSIONERS MINUTES .o W March S, 1990 A CITY OF NEWPORT BEACH ROLL CALL 111 Jill INDEX Amendment No. 704 (Public Hearing) Item No. 10 Request to consider an amendment to Title 20 of the Municipal A704 Code which refines language specifying density standards in the (Res.1223) MFR District. Approved' INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public hearing was closed at this time. Motion * Motion was made and voted on to adopt Amendment No. 704 Ayes * (Resolution No. 1223) recommending to the City Council the Absent adoption of Amendment No. 704. MOTION CARRIED. : s s Discussion Item: Discussion Items Discuss agenda for Joint Planning Commission /Gifu Council Meeting on March 26 1990 and Planning Department Work rro • 1 Load. Joint Motion Motion was made and voted on to approve the items for PC /cc Meeting Ayes * * discussion as recommended by staff. MOTION CARRIED. Absent s s s ADDITIONAL BUSINESS: Add l 1 Business James Hewicker, Planning Director, stated that the chimneys located at 2719 Shell Street exceed the minimum height required 2719 Shell for chimneys wherein he indicated that the Planning Commission is required to review the chimneys. Commissioner Person requested staff to place on the April 5, Rules of 1990, Planning Commission meeting, a Discussion Item t0 procedure - consider changing the Planning Commission's Rules of Procedure Time so as to begin the Planning Commission meetings at 7:00 p.m. change instead of 7:30 p.m. -43- COMMISSIONERS WMarch 8, 1990 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion Ayes * * * * Motion was made and voted on to place the foregoing items on the April 5, 1990, Planning Commission Agenda. MOTION Absent CARRIED. : s s ADJOURNMENT: 10:50 p.m. Adjournmen JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING DEPARTMENT • • -44-