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HomeMy WebLinkAbout04/04/1985Present 1r �/ u Motion Ayes Motion Ayes COWAISSIO%IERS' - REGULAR PLANNING COMMISSION MEETING x X x x All Commissioners Present. x x x EX- OFFICIO MEMBER PRESENT: Robert H. Burnham, City Attorney x x x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Patricia Temple, Environmental Coordinator Dick Hoffstadt, Subdivision Engineer Rich Edmonston, Traffic Engineer Dee Edwards, Secretary x x x Minutes of March 21, 1985 Commissioner Goff requested that the subject Minutes on page 16 be amended to read that "the Newport Heights Association asked that in reference to a Site Plan Review, that a public hearing be noticed within 1,000 feet of the site." Motion was made for approval of the March 21, 1985, Planning Commission Minutes, as amended, which MOTION CARRIED. x x x Request for Continuance William R. Laycock, Current Planning Administrator stated that the applicant has requested that Item No. 1, Site Plan Review No. 37. and Resubdivision No. 799, be removed from calendar, and that Robert Burnham, City Attorney, has requested a continuance of Item No. 9, Amendment No. 619, to the Planning Commission meeting of April 18, 1985. Motion was made to continue Item No. 9, Amendment No. 619 to April 18, 1985. MOTION CARRIED. MINUTES for PLACE: City Council Chambers E Im = TIME: 7:30 P.M. z c a m> v m m z DATE: APRIL 4, 1985 M C z 0 z o g 9 z o T 0 m City of Newport Beach x X x x All Commissioners Present. x x x EX- OFFICIO MEMBER PRESENT: Robert H. Burnham, City Attorney x x x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Patricia Temple, Environmental Coordinator Dick Hoffstadt, Subdivision Engineer Rich Edmonston, Traffic Engineer Dee Edwards, Secretary x x x Minutes of March 21, 1985 Commissioner Goff requested that the subject Minutes on page 16 be amended to read that "the Newport Heights Association asked that in reference to a Site Plan Review, that a public hearing be noticed within 1,000 feet of the site." Motion was made for approval of the March 21, 1985, Planning Commission Minutes, as amended, which MOTION CARRIED. x x x Request for Continuance William R. Laycock, Current Planning Administrator stated that the applicant has requested that Item No. 1, Site Plan Review No. 37. and Resubdivision No. 799, be removed from calendar, and that Robert Burnham, City Attorney, has requested a continuance of Item No. 9, Amendment No. 619, to the Planning Commission meeting of April 18, 1985. Motion was made to continue Item No. 9, Amendment No. 619 to April 18, 1985. MOTION CARRIED. MINUTES for COMMISSIONERS April 4, 1985 MINUTES C O O z C= N v i 0 0 A = = T m City of Newport Beach a ROLL CALL INDEX A. Site Plan Review No. 37 (Continued Discussion) Item No.l Request to permit the construction of a retail SPR No.37 commercial building and related off - street parking 8799 spaces in the Mariner's Mile Specific Plan Area. Removed From AND Calendar B. Resubdivision No. 799 (Continued Public Hearing) Request to resubdivide three existing lots and a portion of a vacated alley so as to eliminate interior property lines and create a single building site for retail commercial and off- street parking purposes, on property located in the "Retail Service Commercial" area of the Mariner's Mile Specific Plan Area. LOCATION: Lots 7, 8 and 9, Tract No. 1133, and a portion of a vacated alley located at 150 Riverside Avenue, on the south- easterly corner of Riverside Avenue and Avon Street, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Senator D.G. Anderson, Honolulu, Hawaii OWNER: Same as applicant ENGINEER: Lancor Architects, Del Mar Current Planning Administrator Laycock advised that the applicant has requested that this item be removed from calendar. * * R Resubdivision No. 798 (Continued Public Hearing) Request to resubdivide two existing parcels of land containing 43.42 acres into four parcels for conveyance purposes. -2- Item No.2 COM PAISSIONERS April 4, 1985 M Beach x x c o � e 9 v = m> 2 C Irvine's Subdivision, located at 875 m Z W 9 D a r 0 2 C 2 0 O i o O S O m D Z a a a T m April 4, 1985 M Beach MINUTES INDEX LOCATION: Portions of Blocks 93, 95 and 96, Irvine's Subdivision, located at 875 Marguerite avenue, on the southwesterly corner of Marguerite Avenue and Harbor view Drive; and 3400 Fifth Avenue, located on the northeasterly side of Fifth Avenue between Marguerite Avenue and the Newport Beach City limits, in Corona Del Mar. - ZONE: R -1 -B APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant. ENGINEER: VTN Consolidated, Inc., Irvine The public hearing opened in connection with this item. The applicant or representative was not in the audience to speak on behalf of the resubdivision, and because no one else desired to be heard in connection with this • item, the public hearing was closed at this time. Motion x Motion was made to approve Resubdivision No. 798, Ayes x x x x subject to the findings and conditions of approval in Exhibit "A ". MOTION CARRIED. 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 resubdivision presents no problems from a planning standpoint. 3. 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 subdivi- sion. 4. That the project is exempt from the provisions of the California Environmental Quality Act, under • Class 15 (Minor Land Divisions). -3- MINUTES INDEX 0 0 CONDITIONS: 1. That a parcel map be recorded. 2. The applicant shall post a bond in the amount of $50,000.00 for 508 of the cost of installation of a traffic signal at the intersection of Marguerite and Fifth Avenues. The bond shall be released if standard traffic signal warrants are not met within five years from. the occupancy of the final unit on any of the four parcels. A. Traffic Study (Continued Public Hearing) Request to consider a traffic study so as to permit the construction of bank /professional office building in the M -1 -A District. f1T1] B. Use Permit No. 3138 (Continued Public Hearing) Request to permit the construction of a multi -level parking structure with roof top parking in conjunction with the construction of a bank /professional office building located in the M -1 -A District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required parking for Baxter's and Coco's Restaurants and the proposed office building, and the acceptance of an environmental document. LOCATION: Lot 13, Tract No. 5169, located at 4647 MacArthur Boulevard, on the north- westerly corner of Birch Street and MacArthur Boulevard, across from the Sheraton Newport Hotel. ZONE: M -1 -A APPLICANT: MacArthur Associates, Ltd., Newport Beach OWNER: Same as applicant Commissioner Person requested to be excused from the dais due to a conflict of interest. -4- MINUTES INDEX L to v 9.1985 X x of April 4, 1985 f F T S y V r 9 m z C m a m z C z N p; O T O z. m I City of Newport Beach z= CONDITIONS: 1. That a parcel map be recorded. 2. The applicant shall post a bond in the amount of $50,000.00 for 508 of the cost of installation of a traffic signal at the intersection of Marguerite and Fifth Avenues. The bond shall be released if standard traffic signal warrants are not met within five years from. the occupancy of the final unit on any of the four parcels. A. Traffic Study (Continued Public Hearing) Request to consider a traffic study so as to permit the construction of bank /professional office building in the M -1 -A District. f1T1] B. Use Permit No. 3138 (Continued Public Hearing) Request to permit the construction of a multi -level parking structure with roof top parking in conjunction with the construction of a bank /professional office building located in the M -1 -A District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required parking for Baxter's and Coco's Restaurants and the proposed office building, and the acceptance of an environmental document. LOCATION: Lot 13, Tract No. 5169, located at 4647 MacArthur Boulevard, on the north- westerly corner of Birch Street and MacArthur Boulevard, across from the Sheraton Newport Hotel. ZONE: M -1 -A APPLICANT: MacArthur Associates, Ltd., Newport Beach OWNER: Same as applicant Commissioner Person requested to be excused from the dais due to a conflict of interest. -4- MINUTES INDEX L to v 9.1985 0 Motion Ayes 4 COMMISSIONERS xlxjxlx April 4, 1985 of Newport Beach Mr. William Laycock stated that the applicant has developed an interim parking proposal whereby the existing development would be able to remain on site during construction. Mr. Laycock cited that the Planning Commission normally does not get involved with interim parking plans; however, staff is concerned with the proposed interim parking proposal and has suggested a condition stating "that no existing on -site parking be removed from the site until the City Traffic Engineer has approved an interim parking plan for the existing remaining uses on the site." Mr. Laycock referred to a letter to the Planning Commission submitted by the attorney of the Grace Restaurants Company, owners of Coco's Restaurant and Baxter Street Restaurant. Mr. Laycock recommended that the Planning Commission suggest changes to the interim parking proposal so that the City Traffic Engineer could study the proposals at a later date. Chairman Winburn recommended that this item be continued from two to four weeks in order that additional time be provided to gather the information that has been requested by staff. City Attorney Burnham recommended that in the event the Planning Commission approves this item, that the Planning Commission submit recommendations to the Traffic Engineer regarding the interim eparking proposal, and that the existing businesses also be given the opportunity to comment regarding the parking plan. Mr. Walter Koons, representing Mr. Sorge Yavar, Yavar Industries, appeared before the Planning Commission on behalf of the applicant, stating that there is no objection to continue the item. Mr. Burnham advised that the applicant contact Mr. Edmonston, City Traffic Engineer, in order to create a workable interim parking solution. Motion was made to continue the Traffic Study and Use Permit No. 3138 to May 9, 1985. MOTION CARRIED. x -5- MINUTES INDEX x� c o � F x a > v m z c m Z T z m a a ZX zm o ms M.0 z a z x a* m xlxjxlx April 4, 1985 of Newport Beach Mr. William Laycock stated that the applicant has developed an interim parking proposal whereby the existing development would be able to remain on site during construction. Mr. Laycock cited that the Planning Commission normally does not get involved with interim parking plans; however, staff is concerned with the proposed interim parking proposal and has suggested a condition stating "that no existing on -site parking be removed from the site until the City Traffic Engineer has approved an interim parking plan for the existing remaining uses on the site." Mr. Laycock referred to a letter to the Planning Commission submitted by the attorney of the Grace Restaurants Company, owners of Coco's Restaurant and Baxter Street Restaurant. Mr. Laycock recommended that the Planning Commission suggest changes to the interim parking proposal so that the City Traffic Engineer could study the proposals at a later date. Chairman Winburn recommended that this item be continued from two to four weeks in order that additional time be provided to gather the information that has been requested by staff. City Attorney Burnham recommended that in the event the Planning Commission approves this item, that the Planning Commission submit recommendations to the Traffic Engineer regarding the interim eparking proposal, and that the existing businesses also be given the opportunity to comment regarding the parking plan. Mr. Walter Koons, representing Mr. Sorge Yavar, Yavar Industries, appeared before the Planning Commission on behalf of the applicant, stating that there is no objection to continue the item. Mr. Burnham advised that the applicant contact Mr. Edmonston, City Traffic Engineer, in order to create a workable interim parking solution. Motion was made to continue the Traffic Study and Use Permit No. 3138 to May 9, 1985. MOTION CARRIED. x -5- MINUTES INDEX "MWIUNEKS April 4, 1985 C x co 0 X z m z c m o m A m a 9 a� City of Newport Beach MINUTES ROLL CALL 1 1 1 1 1 1 1 1 1 INDEX Use Permit No. 3139 (Continued Public Hearing) Request to permit the construction of a take -out' restaurant and related outdoor eating area on property located in the C -1 -H District. The proposal also includes a request to establish a drive -up service window; a request to waive a portion of the required parking for the take -out restaurant; a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required parking within the overall parking area for the Triangle Shopping Center, and a sign exception so as to allow more than one free standing pole sign and a combined area for wall signs in excess of 200 sq. ft. LOCATION: A portion of Lot D, Banning Tract and Record of Survey 27 -47, located at 4509 West Coast Highway, on the southeasterly corner of West Balboa Boulevard and West Coast Highway, in West Newport. • I I I J I I APPLICANT: Triangle Associates, Costa Mesa OWNER: Same as applicant Mr. Dick Hoffstadt, Subdivision Engineer, suggested that Condition No. 9, Exhibit "A ", be revised as requested by the applicant, in order to define the boundaries of the subject parcel, and that Condition No. 9 shall read: "That a Parcel Map or Certificate of Compliance be processed and recorded for the subject development as approved by the City Engineer to clarify property boundaries, and that a reciprocal agreement for ingress, egress and parking shall be recorded between parcels." The public hearing was opened at this time, and Mr. Bill Picker, Architect, appeared before the Planning Commission on behalf of the applicant. Mr. Picker requested that Condition No. 17 be revised to read "That the utilities along the easterly property line be undergrounded, and that the applicant will remove the overhead service when the West Coast Highway overhead is removed." In response to questions posed by • Commissioner Turner, Mr. Picker described how the overhead service will be installed underground. Mr. Picker responded to Commissioner Goff that the applicant intends to resurface the parking lot, install -6- No.4 COMMISSIONERS) April 4, 1985 MINUTES INDEX new signs, and new landscaping. Commissioner Goff asked if the applicant would be willing to install a trash receptacle across the street from the Jack In The Box, at the corner of West Balboa Boulevard and River Avenue? Commissioner Person asked Mr. Burnham if there would be a problem for the applicant to maintain a trash receptacle that is not on site? Mr. Burnham replied that there could be problems regarding the trash collection and that there would possibly be an encroachment on the sidewalk. In response to a question posed by Commissioner Koppelman, Mr. Picker replied that there will be a wide, two -way driveway adjacent to the restaurant on the West Coast Highway frontage of the site. Commissioner Koppelman stated. that she is concerned regarding the stacking of cars for the take -out window. Mr. Picker described the directional signage and the traffic pattern to the drive -up window. Mr. Larry Schmitz, appeared before the Planning is Commission, stating his concern regarding the landscaping, and additional traffic on West Balboa Boulevard southerly of West Coast Highway. Mr. Rich Edmonston, Traffic Engineer, and Mr. Dick Hoffstadt stated that West Balboa Boulevard is currently at its full width and that there are no future plans to widen that area of West Balboa Boulevard. In response to Commissioner Goff's request to synchronise the lights on River Avenue with the lights on West Coast Highway, Mr. Edmonston replied that the City is working with the State to develop a better flowing .traffic pattern so that there will not be a backup of traffic in the West Balboa Boulevard, River Avenue, and West Coast Highway area. Mr. Edmonston described to Commissioner Goff the traffic pattern in the area. Mr. Picker stated that the applicant will propose a full landscape plan at a later date. Mr. Picker opined that the traffic in the area of the proposed restaurant would not be significantly greater than the current businesses have created, and that the applicant will be closing six of the current driveways which would improve the traffic circulation. • Mr. Burnham suggested that a solution to the automobile stacking onto West Coast Highway could be that the Traffic Engineer be given the power to modify the -7- c o IVOO c m� z z M = T m City of Newport Beach 9 INDEX new signs, and new landscaping. Commissioner Goff asked if the applicant would be willing to install a trash receptacle across the street from the Jack In The Box, at the corner of West Balboa Boulevard and River Avenue? Commissioner Person asked Mr. Burnham if there would be a problem for the applicant to maintain a trash receptacle that is not on site? Mr. Burnham replied that there could be problems regarding the trash collection and that there would possibly be an encroachment on the sidewalk. In response to a question posed by Commissioner Koppelman, Mr. Picker replied that there will be a wide, two -way driveway adjacent to the restaurant on the West Coast Highway frontage of the site. Commissioner Koppelman stated. that she is concerned regarding the stacking of cars for the take -out window. Mr. Picker described the directional signage and the traffic pattern to the drive -up window. Mr. Larry Schmitz, appeared before the Planning is Commission, stating his concern regarding the landscaping, and additional traffic on West Balboa Boulevard southerly of West Coast Highway. Mr. Rich Edmonston, Traffic Engineer, and Mr. Dick Hoffstadt stated that West Balboa Boulevard is currently at its full width and that there are no future plans to widen that area of West Balboa Boulevard. In response to Commissioner Goff's request to synchronise the lights on River Avenue with the lights on West Coast Highway, Mr. Edmonston replied that the City is working with the State to develop a better flowing .traffic pattern so that there will not be a backup of traffic in the West Balboa Boulevard, River Avenue, and West Coast Highway area. Mr. Edmonston described to Commissioner Goff the traffic pattern in the area. Mr. Picker stated that the applicant will propose a full landscape plan at a later date. Mr. Picker opined that the traffic in the area of the proposed restaurant would not be significantly greater than the current businesses have created, and that the applicant will be closing six of the current driveways which would improve the traffic circulation. • Mr. Burnham suggested that a solution to the automobile stacking onto West Coast Highway could be that the Traffic Engineer be given the power to modify the -7- COAAAAISSIONERSJ April 4, 1985 MINUTES INDEX restaurant's traffic pattern adjacent to West Coast Highway, and that Condition No. 12 be revised to read that "the on -site parking, vehicular circulation and pedestrian circulation systems be subject to continuing review and approval by the Traffic Engineer." The public hearing was closed at this time. Commissioner Goff stated that he likes the plan; however, he commented that the shopping center will generate more traffic, and that by closing the driveways there will be more traffic at an abutting intersection that has an unacceptable traffic level now. Commissioner Goff opined that the traffic at that intersection will be detrimental to the health, safety, peace, morals, comfort and 'general welfare of persons residing and working in the neighborhood. � A Commissioner Goff made a motion to continue Use Permit Motion x f a ♦ x - C S m Z C a T 2 ,p z • C z M= W o z 0 a T o m City of Newport Beach. z resolve problems at the subject intersection. Substitute INDEX restaurant's traffic pattern adjacent to West Coast Highway, and that Condition No. 12 be revised to read that "the on -site parking, vehicular circulation and pedestrian circulation systems be subject to continuing review and approval by the Traffic Engineer." The public hearing was closed at this time. Commissioner Goff stated that he likes the plan; however, he commented that the shopping center will generate more traffic, and that by closing the driveways there will be more traffic at an abutting intersection that has an unacceptable traffic level now. Commissioner Goff opined that the traffic at that intersection will be detrimental to the health, safety, peace, morals, comfort and 'general welfare of persons residing and working in the neighborhood. Commissioner Koppelman queried Mr. Burnham regarding Condition No. 31, that if there would be a stacking of automobiles onto West Coast Highway, if the applicant could be brought back to the City in order to remove the drive -up window? Mr. replied that the application could be reviewed by the' Planning Commission in conjunction with a problem with the traffic circulation pattern, but that the drive -up window could not be eliminated at a later date. Commissioner Turner stated that he will support the substitute motion because he believes that the area is a "gateway to the City ", and that the applicant will be • upgrading a major area of the City. Mtn Commissioner Goff made a motion to continue Use Permit Motion x No. 3139 for two weeks to the Planning Commission meeting of April 18, 1985 to enable the Traffic • Engineer and the applicant to devise ways that will resolve problems at the subject intersection. Substitute Commissioner Person made a substitute motion to approve Use Permit No. 3139, subject to the findings and Motion x conditions in Exhibit "A ", including revised Conditions No. 9, 12, and 17, citing that the applicant will be upgrading the site from a bad situation to a good plan, and that there will always be a traffic problem at that intersection. Commissioner Person commented that a continuation will not serve any purpose. Commissioner Koppelman queried Mr. Burnham regarding Condition No. 31, that if there would be a stacking of automobiles onto West Coast Highway, if the applicant could be brought back to the City in order to remove the drive -up window? Mr. replied that the application could be reviewed by the' Planning Commission in conjunction with a problem with the traffic circulation pattern, but that the drive -up window could not be eliminated at a later date. Commissioner Turner stated that he will support the substitute motion because he believes that the area is a "gateway to the City ", and that the applicant will be • upgrading a major area of the City. Mtn COMMISSIONERS April 4, 1985 MINUTES xx c o � z c m a z T C_ 0 o L O O a z � T m City of Newport Beach M a s ROLL CALL INDEX Commissioner Goff stated that he would request that the additional two weeks be used by staff in order to assure the Planning Commission that the traffic congestion has been addressed, and he opined that he believes there is a traffic solution for the area. Ayes x x x c x, Substitute motion was voted on to approve Use Permit Noes x No. 3139, subject to the findings and conditions of I 1,xJ Exhibit "A ", including revised Conditions No. 9, 12, and 17. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. That the waiver of the take -out restaurant devel- opment standards as they relate to perimeter fencing and a portion of the required parking will be of no further detriment to adjacent properties inasmuch as the proposed take -out restaurant is part of a larger overall development which in some ways is not conducive to such standards, but is designed in a way that meets the purpose and intent of such design standards. 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the Police Department has indicated that it does not contemplate any problems. 5. Adequate provision for traffic circulation is being made for the drive -up teller facility. 6. That the establishment of compact car parking spaces in the on -site parking area 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 COMMISSIONERSI April 4, 1985 MINUTES ROLL CALL I III III I I INDEX 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. 7. The approval of use Permit No. 3139 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations except as noted below. • 2. That the parking lot shall be lighted in such a manner as to proved adequate illumination to all areas of the lot without causing any light or glare to impact adjacent properties or public streets and that on this basis light standards may exceed 10 feet in height. 3. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code except as approved. 5. That all existing signs on the property shall be removed. 6. That the service of any alcoholic beverages in the take -out restaurant facility is prohibited unless an amended use permit is approved by the City. 7. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- • larly trimmed and kept in a healthy condition. 8. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation -10- X A C O O x . _ v a m C C Z N a; 0 0 T M M M m O m> City of Newport Beach Z y= m MINUTES ROLL CALL I III III I I INDEX 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. 7. The approval of use Permit No. 3139 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations except as noted below. • 2. That the parking lot shall be lighted in such a manner as to proved adequate illumination to all areas of the lot without causing any light or glare to impact adjacent properties or public streets and that on this basis light standards may exceed 10 feet in height. 3. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code except as approved. 5. That all existing signs on the property shall be removed. 6. That the service of any alcoholic beverages in the take -out restaurant facility is prohibited unless an amended use permit is approved by the City. 7. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- • larly trimmed and kept in a healthy condition. 8. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation -10- COMMISSIONERS April 4, 1985 MINUTES c O � x - C v r 9 m 0 = 9= M a m City of Newport Beach C z w o 9 O O a ROLL CALL INDEX Department and Public Works Department. Said plans shall include a minimum of 14% landscaping for the take -out restaurant site and 88 landscaping for the commercial center site. Landscaping plans shall emphasize the use of trees and shrubs so as to soften the appearance of paved areas in the project. 9. That a Parcel Map or Certificate of Compliance be processed and recorded for the subject development as approved by the City Engineer to clarify property boundaries, and that a reciprocal agreement for ingress, egress and parking shall be recorded between parcels. 10. That all improvements be constructed as required by ordinance and the Public Works Department. 11. That a standard agreement and accompanying surety be provided in order to guarantee satisfactory • completion of the public improvements if it is desired to record a map or obtain a building permit prior to completion of the public improve- ments. 12. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to continuing review and approval by the Traffic Engineer. 13. That the intersection of the public streets and private drives be designed to provide sight distance for a speed of 40 miles per hour. Slopes, landscaping, walls and other obstruction shall be considered in the sight distance require- ments. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be approximate- ly modified at non - critical locations, subject to approval of the Traffic Engineer: -11- 14. That the unused drive aprons along the West Coast Highway and West Balboa Boulevard frontages be removed and replaced with curb, gutter and sidewalk; that curb access ramps be provided at • the intersection of West Balboa Boulevard and River Avenue and the intersection of West Balboa Boulevard and the main Drive at River Avenue; that concrete sidewalk be constructed along the River -11- VAM155KONEK51 April 4, 1985 MINUTES ROLL CALL I I I I I I I I I INDEX is • Avenue frontage and that the proposed drive apron on River Avenue have a maximum width of 26 feet unless otherwise approved by the Public Works Department; that the drive approaches on West Coast Highway be constructed or reconstructed to conform to Std. - 166 -L. All work within the West Coast Highway right -of -way shall be completed under an encroachment permit issued by the California Department of Transportation. 15. That a 10 -foot inside storm drain easement be provided for the existing 18 -inch storm drains that cross the subject property. This easement shall be dedicated to the City prior to issuance of any building permits unless otherwise approved by the Public Works Department. 16. That the sidewalk along West Balboa Boulevard be widened to 8 feet and that a 2 -foot easement be dedicated to the City for pedestrian purposes. 17. That the overhead utilities along the easterly property line be removed concurrently with the undergrounding of utilities along the southerly side of West Coast Highway. The removal of said overhead utilities will be at the applicant's cost. 18. 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 if required by the Building Department. 19. The applicant shall provide for weekly vacuum . sweeping of all paved parking areas and drives. 20. The project shall be so designed to eliminate light and glare spillage on adjacent uses. 21. That all mechanical equipment shall be .sound attenuated to 55 DBA at the property line. 22. That a maximum of 258 of the required off- street parking spaces for the combined use of the proper- ty may be compact size spaces. 23. That 164 off - street parking spaces (including 10 spaces in the drive -up stacking lane) shall be provided within the common parking area. -12- A A C G o f a♦ m y v r 7 z c m> m z C 2 9 m z p; ; 0 0 City of Newport Beach Z MINUTES ROLL CALL I I I I I I I I I INDEX is • Avenue frontage and that the proposed drive apron on River Avenue have a maximum width of 26 feet unless otherwise approved by the Public Works Department; that the drive approaches on West Coast Highway be constructed or reconstructed to conform to Std. - 166 -L. All work within the West Coast Highway right -of -way shall be completed under an encroachment permit issued by the California Department of Transportation. 15. That a 10 -foot inside storm drain easement be provided for the existing 18 -inch storm drains that cross the subject property. This easement shall be dedicated to the City prior to issuance of any building permits unless otherwise approved by the Public Works Department. 16. That the sidewalk along West Balboa Boulevard be widened to 8 feet and that a 2 -foot easement be dedicated to the City for pedestrian purposes. 17. That the overhead utilities along the easterly property line be removed concurrently with the undergrounding of utilities along the southerly side of West Coast Highway. The removal of said overhead utilities will be at the applicant's cost. 18. 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 if required by the Building Department. 19. The applicant shall provide for weekly vacuum . sweeping of all paved parking areas and drives. 20. The project shall be so designed to eliminate light and glare spillage on adjacent uses. 21. That all mechanical equipment shall be .sound attenuated to 55 DBA at the property line. 22. That a maximum of 258 of the required off- street parking spaces for the combined use of the proper- ty may be compact size spaces. 23. That 164 off - street parking spaces (including 10 spaces in the drive -up stacking lane) shall be provided within the common parking area. -12- C0MMISSI0NERS1 April 4, 1985 MINUTES ROLL Of t Beach 24. That the proposed take -out restaurant is permitted to be open on a 24 hour basis. 25. That a commercial trash pick -up for the the take -out restaurant shall be provided three times a week during the winter months and six times a week during the summer months. 26. That a commercial trash compactor shall be provided in the take -out restaurant. 27. That a cleanup program for public walkways and on -site pedestrian circulation areas shall be conducted on a daily basis. 28. That the existing underground fuel tanks shall be removed in accordance with the requirements of the Newport Beach Fire Department and the Orange County Health Department., • 29. That the trash storage area for the new take -out restaurant shall be equipped with a washout area with drain that shall be connected to the sanitary sewer system. 30. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090,A of the Newport Beach Municipal Code. 31. 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. x x Final Map of Tract No. 12208 (Discussion) Request to approve a Final Map of Tract No. 12208 subdividing six existing lots into a single lot for • residential condominium purposes on property located in the R -4 District. -13- inal x� c O � a � x _ v 9 m z c C m z 1z 0 oil O O M m O m w r z z az.� m ROLL Of t Beach 24. That the proposed take -out restaurant is permitted to be open on a 24 hour basis. 25. That a commercial trash pick -up for the the take -out restaurant shall be provided three times a week during the winter months and six times a week during the summer months. 26. That a commercial trash compactor shall be provided in the take -out restaurant. 27. That a cleanup program for public walkways and on -site pedestrian circulation areas shall be conducted on a daily basis. 28. That the existing underground fuel tanks shall be removed in accordance with the requirements of the Newport Beach Fire Department and the Orange County Health Department., • 29. That the trash storage area for the new take -out restaurant shall be equipped with a washout area with drain that shall be connected to the sanitary sewer system. 30. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090,A of the Newport Beach Municipal Code. 31. 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. x x Final Map of Tract No. 12208 (Discussion) Request to approve a Final Map of Tract No. 12208 subdividing six existing lots into a single lot for • residential condominium purposes on property located in the R -4 District. -13- inal COMMISSIONERS April 4, 1985 MINUTES x 0 c O n X - c v m ' z A = a = T m City of Newport Beach c z w o r 0 0 ROLL CALL INDEX LOCATION: Lots 7 -12, Block I of the Balboa Bayside Tract, located at 303 Cypress Street, on the northwesterly corner of Cypress Street and East Bay Avenue, on the Balboa Peninsula. ZONE: R -4 APPLICANT: Wale Development Corporation, Irvine OWNER: Same as applicant ENGINEER: - Don Greek and Associates, Santa Ana The public hearing opened in connection with this item. The applicant or representative was not in the audience to speak on behalf of the resubdivision, and because no one else requested to be heard in connection with this item, the public hearing was closed. n x x x x Motion was made to approve the Final Map of Tract No. 12208, subject to the finding and condition for x approval in Exhibit "A ". MOTION CARRIED. FINDING: 1. That the proposed Final Map substantially conforms with the Tentative Map of Tract No. 12208 and all conditions imposed in conjunction with the approval of the Tentative Map. CONDITION: 1. That all conditions of the Tentative Map of Tract No. 12208, as approved by the City Council on August 27, 1984, shall be fulfilled. Use Permit No. 1547 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the establishment and expansion of the existing 349 room Sheraton- Newport Hotel in the Newport Place Planned Community. The proposed amendment is to allow • a new ten -story addition which includes 119 guest rooms, a kitchen addition, small meeting rooms and a relocated lighted tennis court on the site. -14- 0 LOCATION: Parcels 1 and 2 of Parcel Map 40 -11 (Resubdivision No. 483) located at 4545 MacArthur Boulevard, bounded by Mac- Arthur Boulevard, Birch Street and Corinthian Way, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Newport Inn Joint Venture, Boston OWNER: Bay Colony Property Company, Inc., Boston Chairman Winburn requested staff to state the changes made in Use Permit No. 1547 since the Planning Commission and City Council meetings in November, 1983. Ms. Patricia Temple stated that staff recommends approval of the proposed project subject to the same findings and conditions as previously approved by the Planning Commission. Ms. Temple cited three new conditions as follows: Condition No. 59 was inadvertently omitted from the original findings and conditions; Conditions No. 60 and 61 relate to the 24 month expiration of the Use Permit, and the ability of the Planning Commission to add or modify conditions of approval subject to the specific determination of the Planning Commission. Ms. Temple commented that originally three conditions required contributions to noise walls in the West Newport area, adjacent to Eastbluff, and in the Irvine Terrace area, and there was an additional condition that required a contribution of Fair Share; these conditions have been eliminated from the conditions of approval since those items are now covered in the City's Fair Share Ordinance and are automatically required at the time Building Permits are issued. Ms. Temple stated that Condition No. 29 was modified at the request of the City Traffic Engineer and the Public Works Department, and will require that the bus turnouts and bus shelters required to be installed shall be maintained by the applicant and shall display no advertising; Condition No. 30 was corrected to reference Birch Street rather than Santa Cruz Drive; Condition No. 31 was deleted because it was redundant with Condition No. 33 which required written verification from the Orange County Sanitation District -15- COMMISSIONERS April 4, 1985 MINUTES )t A C O O F x 1 9 r y Z c m m Z z C= H o L 0 M Z X_ M 0 m City of Newport Beach a ROLL CALL III INDEX 0 LOCATION: Parcels 1 and 2 of Parcel Map 40 -11 (Resubdivision No. 483) located at 4545 MacArthur Boulevard, bounded by Mac- Arthur Boulevard, Birch Street and Corinthian Way, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Newport Inn Joint Venture, Boston OWNER: Bay Colony Property Company, Inc., Boston Chairman Winburn requested staff to state the changes made in Use Permit No. 1547 since the Planning Commission and City Council meetings in November, 1983. Ms. Patricia Temple stated that staff recommends approval of the proposed project subject to the same findings and conditions as previously approved by the Planning Commission. Ms. Temple cited three new conditions as follows: Condition No. 59 was inadvertently omitted from the original findings and conditions; Conditions No. 60 and 61 relate to the 24 month expiration of the Use Permit, and the ability of the Planning Commission to add or modify conditions of approval subject to the specific determination of the Planning Commission. Ms. Temple commented that originally three conditions required contributions to noise walls in the West Newport area, adjacent to Eastbluff, and in the Irvine Terrace area, and there was an additional condition that required a contribution of Fair Share; these conditions have been eliminated from the conditions of approval since those items are now covered in the City's Fair Share Ordinance and are automatically required at the time Building Permits are issued. Ms. Temple stated that Condition No. 29 was modified at the request of the City Traffic Engineer and the Public Works Department, and will require that the bus turnouts and bus shelters required to be installed shall be maintained by the applicant and shall display no advertising; Condition No. 30 was corrected to reference Birch Street rather than Santa Cruz Drive; Condition No. 31 was deleted because it was redundant with Condition No. 33 which required written verification from the Orange County Sanitation District -15- COMMISSIONERS April 4, 1985 x� Mr. Neish commented that an analysis of traffic study c O � had been taken in November, 1983, at the time the x _ v a y m z c m m o m z Permit in November, 1983. Mr. Neish said that at that z ` z 9 N r O ° ; ° a I ° time the MacArthur Boulevard and Birch Street inter- M m i o m s M r City of f� z z z a z w m MINUTES Beach INDEX that sewer capacity was available, and Condition No. 31 was substituted which requires that if the Public Works Department feels that it is necessary, that a study be prepared indicating that adequate sewer facilities are available. Ms. Temple explained that Condition No. 36 was revised at the request of the City Traffic Engineer and will require that all spaces be 9 feet by 18 feet wide which is the standard commercial parking spot dimension unless a modification is approved by the City. She said that some of the parking spaces on the proposed layout were 8 1/2 feet wide and the City Traffic Engineer did not feel that there was any justification for that dimension. She commented that the dimensions may result in a reduction of parking spaces but the parking study in the original project shows that there was an excess of parking available on the site and this dimension should be accommodated. Ms. Temple stated that upon the request of the Public Works Department that Conditions No. 23, 24, and 25, be added which basically relate to repairs of sidewalks and that the water service be provided by the Irvine Ranch Water District. Mr. David Neish, Urban Assist, Inc. representing the applicant, appeared before the Planning Commission. He stated that the purpose of the application is to allow additional time for completion of the project. Since November 1983, when the Planning Commission and City Council approved the original Use Permit, the hotel has been remodeled and refurbished, and that there may not be adequate time to prepare the plans and obtain permits required by the City before the original Use Permit expires in November 1985. Mr. Neish explained that the plans have not changed since 1983, and that there is no intent to make any changes. Mr. Neish stated that the applicant is proposing that construction will begin one year from now in 1986.. -16- Mr. Neish commented that an analysis of traffic study had been taken in November, 1983, at the time the Planning Commission and City Council approved the Use Permit in November, 1983. Mr. Neish said that at that time the MacArthur Boulevard and Birch Street inter- . section was found to be critical as defined by the Traffic Phasing Ordinance. He cited that an updated traffic study has been taken and the study indicates -16- ROLL • Motion Ayes E V\MI55KJNLR5 April 4, 1985 X x C o 'E y x V v MZ c z w o 9 0 0 City of Newport Beach a z m z a s that the MacArthur Boulevard and Birch Street intersection would have an ICU of 0.8817, which is acceptable under the Traffic Phasing Ordinance. Mr. Neish concluded his presentation by stating that the proposed expansion of the Sheraton Hotel is identical to that proposed project in November, 1983, and that the development will be in accordance with all of the City's regulations. Ms. Temple indicated that the previous traffic study had been reviewed, and that no additional intersections would require an Intersection Capacity Utilization analysis. The public hearing was closed at this time. Commissioner Turner made a motion to approve Use Permit No. 1547 (Amended) subject, to the findings and conditions in Exhibit "A ", including the additions of Conditions No. 59, 60, and 61. In response to a question posed by Mr. Neish, Chairman Winburn explained that Condition No. 60 states that the use permit shall expire two years from this date, April, 1987. Commissioner Person inquired if the Planning Commission has the ability to shorten the 24 month expiration date. Mr. Burnham stated that the Planning Commission has the option to shorten or lengthen the 24 month period. Commissioner Person expressed an interest in shortening the expiration date from the stated 24 months in order that the project would be completed before the approved conditions could be changed. Chairman Winburn stated that she will support the motion on the basis that the traffic phasing study, as presented, is acceptable. Motion to approve Use Permit No. 1547 (Amended) was x x x x voted on, and MOTION CARRIED. A. USE PERMIT NO. 1547 (AMENDED) FINDINGS: 1. An Environmental Impact Report was prepared for the project and certified by the City in November, 1983, in compliance with the California Environ- mental Quality Act, the State CEQA Guidelines and City Policy. -17- MINUTES "N\bNUNLK5 April 4, 1985 a� Vo 0 f V X y 9 m 7 z c m Z z c z N O C O O C n= a s* m City of Newport Beach 2. That based on the information contained in the Environmental Impact Report, the project incorpo- rates mitigation measures to reduce potential- ly- significant environmental effects, and that the project will not result in significant environ- mental impacts. Further, the economic and social benefits to the community override any presently anticipated negative environmental effects of the project. 3. That the project is consistent with the Newport Beach General Plan and the Newport Place Planned Community. 4. That a Traffic Study and Traffic Phasing Plan Amendment have been approved for the project. 5. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modifications. 6. The Police Department has indicated that it does not contemplate any problems. 7. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 8. The approval of Use Permit No. 1547 (Amended) 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 the proposed development shall be in substan- tial conformance with the approved plot, floor plans, etc., except as may be modified by the below Conditions. • 2. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. MINUTES MMISSIONERS April 4, 1985 �x c o � � y e r 9 z c m Z m 2 C 2 0 p; o o City of Newport Beach 3. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 4. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 5. An erosion, siltation and dust control plan, if required, 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. 6. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as a part of the project design. is 7. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering 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 Depart- ment. 8. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. 9. Control of infiltration to the groundwater system for the project shall be provided as part of the project design. 10. That existing on -site drainage facilities shall be improved or updated to the satisfaction of the Public Works and Building Department. 11. Any modification of existing on -site drainage systems or extensions of culverts for contributory drainage from surrounding areas shall be studied . during project design and necessary improvements installed in conformance with local ordinances and accepted engineering practices and in a manner acceptable to the City Public Works and Building Departments. -19- MINUTES COMMISSIONERS) April 4, 1985 MINUTES 12. A qualified archaeologist or paleontologist shall evaluate the site prior to commencement of con- struction activities, and that all work on the site be done in accordance with the City's Council Policies K-5 and K -6. 13. Prior to the issuance of any grading permits, the applicant shall waive the portions of AB 952 related to the City of Newport Beach responsibil- ities for mitigation of archaeological impacts, in a manner acceptable to the City Attorney. 14. Fugitive dust emissions during construction shall be minimized by watering the site for dust control, containing excavated soil onsite until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 15. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accor- dance with the prepared plan). 16. The landscape plans shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning and Public works Departments. 17. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 18. 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. 19. The landscape plan shall place heavy emphasis on fire - retardant vegetation. 20. Street trees shall be provided along the public streets as required by the Public Works Department and the Parks, Beaches and Recreation Department. -20- x� C O o M X C >Z C= Z a H Z IM o S O O m City of Newport Beach 12. A qualified archaeologist or paleontologist shall evaluate the site prior to commencement of con- struction activities, and that all work on the site be done in accordance with the City's Council Policies K-5 and K -6. 13. Prior to the issuance of any grading permits, the applicant shall waive the portions of AB 952 related to the City of Newport Beach responsibil- ities for mitigation of archaeological impacts, in a manner acceptable to the City Attorney. 14. Fugitive dust emissions during construction shall be minimized by watering the site for dust control, containing excavated soil onsite until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 15. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accor- dance with the prepared plan). 16. The landscape plans shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning and Public works Departments. 17. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 18. 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. 19. The landscape plan shall place heavy emphasis on fire - retardant vegetation. 20. Street trees shall be provided along the public streets as required by the Public Works Department and the Parks, Beaches and Recreation Department. -20- COMMISSIONERSI April 4, 1985 MINUTES ROLL CALL 1 1 1 1 1 1 1 1 1INDEX 21. Landscaping shall be regularly maintained free of woods and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 22. The timing of construction in parking areas shall be approved by the Grading Engineer and Planning Department. 23. That a standard use permit agreement and accompa- nying 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. 24. That the water system be provided as required by the Irvine Ranch Water District. 25. That the displaced concrete sidewalk be replaced at the Birch Street entrance and that access ramps be constructed at the intersections of Birch • Street and MacArthur Boulevard, MacArthur Boule- vard and Corinthian Way and Corinthian Way and Birch Street, and at each street entrance to the hotel parking lot where none exist. Access ramps and walks shall also be constructed in the median island at the intersection of MacArthur Boulevard and Corinthian Way and on the southwesterly curb return. 26. That prior to the issuance of any building permits a specific soils and foundation study shall be prepared and approved by the Building Department. 27. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants Conditions, and Re- strictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledged that: • a.) The John Wayne Airport may not be able to provide adequate air service for business estab- lishments which rely on such service; -21- X C O f x - C v V m z c m> T z a r T z a= City of Newport Beach MINUTES ROLL CALL 1 1 1 1 1 1 1 1 1INDEX 21. Landscaping shall be regularly maintained free of woods and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 22. The timing of construction in parking areas shall be approved by the Grading Engineer and Planning Department. 23. That a standard use permit agreement and accompa- nying 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. 24. That the water system be provided as required by the Irvine Ranch Water District. 25. That the displaced concrete sidewalk be replaced at the Birch Street entrance and that access ramps be constructed at the intersections of Birch • Street and MacArthur Boulevard, MacArthur Boule- vard and Corinthian Way and Corinthian Way and Birch Street, and at each street entrance to the hotel parking lot where none exist. Access ramps and walks shall also be constructed in the median island at the intersection of MacArthur Boulevard and Corinthian Way and on the southwesterly curb return. 26. That prior to the issuance of any building permits a specific soils and foundation study shall be prepared and approved by the Building Department. 27. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants Conditions, and Re- strictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledged that: • a.) The John Wayne Airport may not be able to provide adequate air service for business estab- lishments which rely on such service; -21- WWSSIONERS April 4, 1985 x x c o � r 9 a c m> m t W 0 r o o M Z; T m City of Newport Beach 2 MINUTES ROLL CALL I I I I I I I I I INDEX b.) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c.) The City of Newport Beach will continue to oppose additional commercial area service ex- pansions at the John Wayne Airport; d.) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 28. That all conditions of the approved Traffic Phasing Plan be met. 29. Bus turnouts and shelters shall be installed on Birch Street and MacArthur Blvd. at locations approved by the Traffic Engineer and the Orange County Transit District. The shelters shall be • located outside the right -of -way, shall be min- imized by the applicant and shall display no advertising. 30. Sight distance at all intersections shall be provided in accordance with City Std. Swg. 110 -L with Birch Street as a secondary arterial. 31. That a study be provided prior to issuance of any building permits showing that adequate sewer facilities are available, if required by the Public Works Department. Any modifications to the existing facilities shown to be required by the study shall be the responsibility of the develop- er. 32. That all improvements be constructed as required by ordinance and the Public Works Department. 33. Prior to occupancy of any building, the applicants shall provide written verification from Orange County Sanitation that adequate sewer capacity is available to serve the project. 34. Any construction on the site should be done • in accordance with the height restriction for the area. Said should apply to any landscape mate- rials, signs, flags, etc. as well as structures. -22- COAAAAISSIONERS1 April 4, 1985 MINUTES 35. That the final design of all on -site vehicular and pedestrian circulation, and parking be reviewed and approved by the City Traffic Engineer and Planning Department. 36. All parking areas shall be subject to further review and approval by the Traffic Engineer. All parking spaces shall be a minimum 9' x 18' unless a modification is approved to allow compact parking spaces. 37. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. • 38. The applicant shall provide energy - conserving street and parking lot lighting and minimize decorative or non - functional lighting in a manner acceptable to Planning Director. 39. A lighting plan shall be submitted for review by the Police Department to ensure adequate lighting of pedestrian walkways and parking areas. 40. The proposed project shall incorporate an internal security system (i.e. security guards, alarms, access limits after hours) that shall be reviewed by the Planning Department. 41. That all buildings on the project site shall be equipped with fire suppression systems approved by the Fire Department. 42. That all access to the buildings be approved by the Fire Department. 43. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. I I I j I I I I 44. That fire vehicle access shall be approved by the Fire Department. -23- xx c O o x _ M a y m C C Z a= m p S a a 0 0 m City of Newport Beach 35. That the final design of all on -site vehicular and pedestrian circulation, and parking be reviewed and approved by the City Traffic Engineer and Planning Department. 36. All parking areas shall be subject to further review and approval by the Traffic Engineer. All parking spaces shall be a minimum 9' x 18' unless a modification is approved to allow compact parking spaces. 37. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. • 38. The applicant shall provide energy - conserving street and parking lot lighting and minimize decorative or non - functional lighting in a manner acceptable to Planning Director. 39. A lighting plan shall be submitted for review by the Police Department to ensure adequate lighting of pedestrian walkways and parking areas. 40. The proposed project shall incorporate an internal security system (i.e. security guards, alarms, access limits after hours) that shall be reviewed by the Planning Department. 41. That all buildings on the project site shall be equipped with fire suppression systems approved by the Fire Department. 42. That all access to the buildings be approved by the Fire Department. 43. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. I I I j I I I I 44. That fire vehicle access shall be approved by the Fire Department. -23- 'V\MISSIONERS April 4, 1985 R C C O � 53. The applicant shall plan and implement a program S 11 C Z W p Z 0 0 M Z A arm City of Newport Beach MINUTES ROLL CALL I I I I J i l l I INDEX do 45. On -site water mains and fire hydrants locations are to be approved by the Fire and Public Works Departments. 46. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 47. The project shall incorporate the use of alterna- tive energy technology into building designs and systems for heating pools and spas at the hotel. Prior to the issuance of any building permit for said the applicant shall demonstrate to the satisfaction of the Planning Director that the concerns of this condition have been.met. 48. A grease trap system shall be designed and incor- porated into the hotel site design, to the satis- faction of the City of Newport Beach Building and Utilities Departments. The location of the grease trap shall be easily accessible and a city rep- resentative shall be allowed access to inspect the system at all times. The applicant shall also supply to the City for approval a grease trap maintenance program that provides for ongoing maintenance and inspections. 49. Openable windows for guest rooms shall be used to allow cooling by normal breezes unless it is determined for certain area by the City that said are not appropriate for safety of securing rea- sons. 50. Interior noise levels in the proposed project shall not exceed 45 CNEL in any habitable space. 51. Prior to the issuance of building permits, a program for the sorting of recyclable material form solid wastes shall be developed and approved by the Planning Department. 52. All proposed development shall provide for weekly vacuum sweeping of all surface parking areas. -24- 53. The applicant shall plan and implement a program to encourage the use of high- occupancy vehicles • and alternate transportation modes for employees and visitors to the Sheraton Hotel, in a manner acceptable to the Planning Director. Said program -24- "MISSIUNLKS April 4, 1985 xx c O � x I . z c m Z T z M z a T m City of Newport Beach MINUTES ROLL CALF I I I Jill IINDEX shall include hotel employees being encouraged to use the OCTD Transit system through the provision of subsidized bus passes or other appropriate means. 54. Transportation to the John Wayne Airport for hotel patrons shall be provided and encouraged. 55. That any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 Dba at the property line and that any mechanical equipment and emergency power generators shall be screened from view. 56. Signage and exterior lighting shall be of similar design theme throughout the project and shall be approved by the Planning and Public Works Depart- ments. 57. The applicant shall provide energy - conserving street and parking lot lighting and minimize decorative or non - functional lighting in a manner acceptable to the Planning Director. 58. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 59. The City may impose additional on -site parking requirements subsequent to the date of approval if the parking provided is determined to be inade- quate to meet the needs of those using the hotel. 60. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090,A of the Newport Beach Municipal Code. 61. 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. x -25- COMMISSIONERS � R - n C O = 1 9 r 9 M C a 0 o; 0 0 i = m= a a M m M April 4, 1985 MINUTES City of Newport Beach ROLL CALL INDEX The Planning Commission recessed at 8:50 p.m. and reconvened at 9:00 p.m. r Use Permit No. 3141 (Public Hearing) Item No.7 Request to permit the expansion of the existing Rex UP3141 Restaurant so as to allow said restaurant to occupy space previously designated for kitchen, dining, Approved drinking and storage in conjunction with the E. Gads Restaurant facility previously operated on the subject property. The proposal also includes a request to establish live entertainment and dancing in conjunction with the Rex Restaurant. This proposal will maintain two restaurants on the property. LOCATION: Lot 19, Block 21, Newport Beach Tract, located at 2100 -2106 West Ocean Front, on the northwesterly corner of West • Ocean Front and McFadden Place, in McFadden Square. ZONE: C -1 APPLICANT: Rick Lawrence, Newport Beach OWNER: Same as applicant The public hearing was opened at this time, and Mr. Rick Lawrence, 2025 West Balboa Boulevard, appeared before the Planning Commission. Mr. Lawrence requested that Condition No. 5 in Exhibit "A" be changed to a closing time of operation to 2:00 a.m. for The Rex Restaurant and the fish market /delicatessen, and to be able to sell liquor as well as beer and wine for both restaurants. Chairman Winburn confirmed that live entertainment and dancing will only be in The Rex Restaurant. Mr. Burnham and Mr. Laycock stated that the proposed Restaurant Ordinance as presently stated, would not require the applicant to come back to the Planning Commission for review. • Commissioner Eichenhofer confirmed that Condition No. 6 in the staff report dated June 13, 1983, required that the applicant purchase 4 "in -lieu" parking spaces, and that those parking spaces would now be eliminated. -26- COMMISSIONERS April 4, 1985 MINUTES > �x �o z a � z c m T a M = M > T a a City of Newport Beach a ROLL CALL INDEX Commissioner Eichenhofer asked if a condition could be inserted requesting that a trash compactor be installed in the restaurant. The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3141, including the findings and conditions in Exhibit "A ", modifying Condition No. 5 to state that the closing hours of each restaurant will be 2:00 a.m. and adding Condition No. 9 requesting the installation of a trash compactor. Discussion followed between the applicant and the Planning Commissioners regarding the restaurants' trash pick -up and the suggested trash compactors. Mr. Lawrence stated that trash is presently picked up six days a week, and so, trash compactors would not be necessary. Suimhtitute I Commissioner Goff made a substitute motion as x previously stated, omitting the request of a trash compactor and inserting a condition requiring trash pick -up six days a week. In response to a question posed by Commissioner Eichenhofer, the applicant confirmed that he has a private disposal service. Commissioner Eichenhofer stated that she would be willing to accept the enclosed trash area within the building. Commissioner Person stated that he would accept the substitute motion. Ayes x x x x x Motion was voted on to approve Use Permit No. 3141, subject to the findings and conditions in Exhibit "A ", including the modification of Condition No. 5, and I llllll inserting Condition No. 9. MOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. • ( I I J 2. The project will not have any significant environ- mental impact. -27- COMMISSIONERS April 4, 1985 MINUTES 0 - 722c a z c z w Z m p r z 0 0 M m City of Newport Beach a a ROLL CALL INDEX 3. That the project, as approved, will not result in an increase in the intensity of the use of the site. 4. The approval of Use Permit No. 3141 will not, under the circumstances of this case, be detri- mental 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 and the restaurant operation shall be in substantial conformance with the approved floor plans, except as noted below. 2. That the combined "net public area" of both restaurants shall not exceed 3,840 sq. ft. . 3. That live entertainment and dancing shall be permitted only in the banquet dining area within The Rex Restaurant, and that the noise from the dancing and live entertainment shall be confined to the interior of the building and the sound shall be controlled in such a manner that it does not become a problem for adjoining properties. 4. That a Cafe Dance Permit for the proposed dancing shall be approved by the City. 5. That the hours of operation of The Rex Restaurant shall be limited to the hours between 11:00 a.m. and 2:00 a.m. daily. The hours of operation of the fish market /delicatessen shall be limited to the hours between 6:00 a.m. and 2:00 a.m. daily. 6. That all other applicable conditions of approval of Use Permit No. 1717 (Amended) shall be fulfilled. 7. 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. -28- COAAAAISSIONERS1 April 4, 1985 8. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 9. That there shall be trash pickup six days a week. Amendment No. 618 (Public Hearing) Request to consider an amendment to Title 20 of the Newport Beach Municipal Code clarifying the measurement of front yard setback lines in residential districts. INITIATED BY: City of Newport Beach Current Planning Administrator Laycock stated that the Municipal Code provides that the front yard setbacks shall be established from the front property lines whereas several Districting Maps indicate that the front yard setbacks are designated other than from the front property lines. The proposed amendment will clarify the line from which front yard setbacks in residential districts are measured. Motion x Commissioner Kurlander made a motion to approve Ayes x x x x x x Amendment No. 618. Motion voted on, MOTION CARRIED. Amendment No. 619 (Public Hearing) Request to consider an amendment to Chapter 20.83 of the Newport Beach Municipal Code pertaining to the use of nonconforming buildings and the changing of the operational characteristics of nonconforming uses, and the acceptance of an environmental document. INITIATED BY: City of Newport Beach Motion Motion was made to continue this item to April. 18, Ayes x x x x x x 1985. Motion voted on, MOTION CARRIED. • -29- MINUTES INDEX V x x C o � x H 9 y M a c m q 2 I a M w p; 0 0 City of Newport Beach z a ). m 8. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 9. That there shall be trash pickup six days a week. Amendment No. 618 (Public Hearing) Request to consider an amendment to Title 20 of the Newport Beach Municipal Code clarifying the measurement of front yard setback lines in residential districts. INITIATED BY: City of Newport Beach Current Planning Administrator Laycock stated that the Municipal Code provides that the front yard setbacks shall be established from the front property lines whereas several Districting Maps indicate that the front yard setbacks are designated other than from the front property lines. The proposed amendment will clarify the line from which front yard setbacks in residential districts are measured. Motion x Commissioner Kurlander made a motion to approve Ayes x x x x x x Amendment No. 618. Motion voted on, MOTION CARRIED. Amendment No. 619 (Public Hearing) Request to consider an amendment to Chapter 20.83 of the Newport Beach Municipal Code pertaining to the use of nonconforming buildings and the changing of the operational characteristics of nonconforming uses, and the acceptance of an environmental document. INITIATED BY: City of Newport Beach Motion Motion was made to continue this item to April. 18, Ayes x x x x x x 1985. Motion voted on, MOTION CARRIED. • -29- MINUTES INDEX V Ayes • MMISSIONERS April 4, 1985 x A C O o S a - _ C o m z c m o m z z 9 z m City of Newport Beach a A D D I T I O N A L B U S I N E S S: Commissioner Person discussed the possibility of amending the Municipal Code so as to permit the auto- matic extension of use permit applications for a one year period if an applicant requests said extension prior to the two year expiration date. After dis- cussion, the Commission decided not to set this matter for public hearing. Commissioner Winburn was excused from the April 18, x x x x x 1985, Planning Commission meeting. MOTION CARRIED. MINUTES INDEX AD J O U R N M E N T: 9:35 p.m.ournment * � x JOHN KURLANDER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -30-