The URL can be used to link to this page

Home My WebLink About04/05/19794 L COMMISSIONERS F �o F ng 9 �f 2 City of Newport Beach Regular Planning Commission Meeting City Council Chambers Time: 7:30 P.M. nano. nnril 5. 1979 ROLL CALL Present x x x x x Absent x EX- OFFICIO MEMBERS R.U. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney STAFF MEMBERS James D. Hewicker, Assistant Director - Planning Don Webb, Public Works Dept. Subdivision Enginee, Fred Talarico, Environmental Coordinator Glenna Gipe, Secretary * * * Motion x Minutes of the regular Planning Commission meetir Ayes x x x x x z of February 22, 1979 were approved as revised on Absent x j Page 7, Paragraph 3, to read "Commissioner Beek pointed out that the Circulation System Study wh' is under way will develop data on the effect on i ' surrounding streets of building or not building I versity Drive; therefore, the bulk of the work ft the Environmental Document will be.completed by t time the document is needed." * * * Motion x Minutes of the regular Planning Commission meetii Ayes K.. x x x x of March 8, 1979, were approved as written. Abstain x Absent x Motion Y Minutes of the regular Planning Commission meetii Ayes K x z of March 22, 1979, were approved as written. Abstain x x x Absent x Motion x Motion was made that Item No. 1 be withdrawn and Ayes x x x x x ix that Item No. 7 be removed from the calendar,,as Absent x quested by the applicants. i * * * Request to create four parcels of land for futur residential development where two parcels now ex and the acceptance of an Environmental Document. i -1- MINUTES INDEX L ch :he, Ini it ;he ig ig re __ Item #1 ist RFSUBDI VISION N0, 620 WITH_ DRAWN COMMISSIONERS ROIL CALL MINUTES City of Newport Beach April 5, 1979 Location: Parcel Nos. 1 and 2, Parcel Map 72 -20 (Resubdivision No. 490), lo- cated at 2000 East Balboa Boulevard, on the northerly side of East Bal- boa Boulevard, between K Street and M Street on Peninsula Point. Zone: R -1 Applicant: Robert F. Beauchamp, Irvine Owners: Robert F. and Dorothy Frances Beau- champ, Irvine Engineer: Southwest Engineering, Irvine The Planning Commission withdrew Item No. 1, as per the applicants' request. Request to amend a previously approved use permit that permitted the rehabilitation and the addition of six apartment units to the existing nonconform- ing Kerckhoff Marine Laboratory on the site in the R -3 District and the consideration of an Environ- mental Document. Four of the approved residential units have been constructed. The proposed develop- ment consists of the construction of the final two residential units with the request to utilize said space for office or laboratory uses on a temporary basis. Additional offstreet parking spaces are also proposed in conjunction with the proposed de- velopment. Location: A portion of Block C, Corona del Mar located at 101 Dahlia Avenue, on the northwesterly side of Dahlia Avenue, southeasterly of Ocean Boulevard in China Cove. Zone: C -3 Applicant: California Institute of Technology, Pasadena Owner: Same as Applicant -2- INDEX tenM USE PER- KIT _W6_. 11 T6,_ A-MENDED APPROVED NC NDI TT_01q/CLLY ri COMMISSIONERS City of Newport Beach April 5, 1979 - ROLL CALL 'The p public hearing was opened regarding this ilten and Charles Brokaw, Professor of Biology at Cal .Tech, r resident of 101 Dahlia St., Corona del Mar, !appeared b before the Planning Commission to state This f feeling that they had made every effort to bE !good n neighbors and to avoid adverse effects on tt Ineighborhood, a and to request that the Planning Cc mission take into consideration the important re- search made possible by the Kerckhoff Marine Labc atory. Phillip Gold, 2601 Way Lane, Corona del Mar, app( ed before the Planning Commission to represent s( veral neighbors, including Richard Lewis, Robert Beauchamp, Mr. & Mrs. Charles. Masters and Mr. & F Jack Hall. He stated that presently pending befi the Coastal Commission is a request by Cal Tech i a permit to abolish part of their dock to extend floating dock 30' into the channel and to repair part of the dock, including other incremental pr( posals such as relocation of the kelp culture lat oratory and the installation of a back -up general in addition to the addition of the two laborator• and the parking area, as well as 20 -30 full time employees and 18 vehicles parked on a daily basis Mr. Gold expressed his concern that the adding o' additional lab space and the additional parking no guarantee that it will not terminate, and may timately encompass a much broader scope of opera- MINUTES e r- ar Irs ire 'or th I- ;or; es s ul ;i of i, ael an, ar- 1 )f i Fel (in 5, e_ By. INDEX COMMISSIONERS MINUTES City of Newport Beach April 5, 1979 ............... ROIL CALL INDEX have already obtained approval), but request is that of utilizing said space for office or lab use . Mr. Gold additionally responded to Commissioner Balalis by expressing his personal analysis that building these two units as a residential use woul be preferable because it is not expanding the scope of the Cal Tech operation and is not bringing in additional employees. Commissioner Beek expressed his feeling that the lab would not generate any more traffic than the apartment units as residential uses would. . In response to this, Mr. Gold stated that lab use would be on a full -time basis, whereas apartment units may be vacant part of the time. Julia Gold, 2601 Way Lane, Corona del Mar, appear- ed before the Planning Commission to address the question of increased activity at the Cal Tech Marine Laboratory and to express her concern with . the beach activity, including the pier plans and pipes that she felt would disrupt the aesthetics of the limited beach area. She further stated her feeling that the attached map was misrepresentative of the actual access to the beach area, concluding by expressing her concern, with the chemicals intro- duced into the public beach area. Doris Anderson, China Cove, appeared before the Planning Commission to relay her observation of 9 trips of UPS delivery trucks in the last week, and her further observation of tankers half the size of gasoline trucks, and tanks bearing chemicals and cy Tinders, and a large amount of to and fro traffic at the lunch hour. She concluded with her concern for the preservation of the public beach area. Wheeler North, 205 Carnation Avenue, then appeared before the Planning Commission to inform them that the manganese, nitrogen and phosphorus used are in very small quantities, that the trucks mentioned are the soft -water vehicles, and that the afore- mentioned tankers come only once every six weeks, and as a public service. He concluded by stating that the employees are usually not in the area in the evenings or.on weekends and that it would.be -4- COMMISSIONERS City of Newport Beach • \ \ \ \ \ \\ -2 April 5, 1979 ROLL CALL Motion • • MINUTES difficult to determine traffic generated from lab space vs residential space. Commissioner McLaughlin expressed her concern of this project regarding federal funding which.does not provide funds to residential units, and in- cludes only capital improvements, and to ask whe- ther the federal government was aware that funding would build temporary labs that would go toward residential units. Mr. North responded in the affirmative that the federal government was very much aware of this, and further responded to Commissioner Agee's ques- tion in kind that Cal'Tech would not lose its grans if they could not expand. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that the Planning Commission make the following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and' is compatible with surrounding land uses. 2.. The project will not have any significant en- vironmental impact. 3. That the new construction will meet or exceed the parking standards for the proposed use of the space and the structure will meet or ex- ceed the Development Standards established for residential uses in the R -3 District with res- pect to building height, buildable area, etc. 4. That the temporary laboratory- office usage of .the two previously approved bachelor units wil not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood;of suc proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -5- F771 M COMMISSIONERS MINUTES City of Newport Beach ROIL CALL April 5, 1979 • INDEX 5. The approval of Use Permit No. 1108 (Amended) will not, under the circumstances of this cas be detrimental to the health, safety, peace, morals, comfort, and general welfare of per- sons residing and working in the neighborhood or be detrimental or injurious to property an improvements in the neighborhood or the gen- eral welfare of the City. and approve Use Permit No. 1108 (Amended), subject to the following conditions: That development shall be in substantial con- formance with the approved plot plan, floor plans and elevations, and sections except as noted in the following conditions. That the grading plans and retaining wall pla shall be in accordance with the requirements of the Grading Engineer and the Public Works Department. That an Encroachment Permit be obtained from the Public Works Department for any work with in the Dahlia Avenue right -of -way, in accord- ance with Council Policy L -6. 4. That all 15 off - street parking spaces be kept free and clear for the parking of motor ve- hicles. That the temporary nature of the laboratory use within the bachelor units be limited to 3 years, with a review by the Director of Com- munity Development Department in 18 months. Any extension of this Use Permit shall be re- viewed and approved by the Modifications Com- mittee. Mr. Hogan stated their assumption that the motion includes the acceptance of the Negative Declaration Commissioner Balalis suggested a further modifica- tion to`Condition of Approval #5 with a review by the Director of Community Development in 18 months, which suggestion Commissioner McLaughlin, maker of the motion, accepted. E 9 • n COMMISSIONERS ROLL CALL Ayes Noes Absent ri U MINUTES City of Newport Beach April 5, 1979 INDEX ier Agee then stated his opposal to the to his feeling that there. is no substan •itical need for this project. ier Cokas stated his feeling that the pro d not affect the present situation. ier Beek suggested that the Planning Com- ather than the Community Development Dir- iiew the project in 18 months. s then voted on, which MOTION CARRIED. consider a Traffic Study for a proposed (Item #3 )n containing 21 single family residential AND subdivide 12.97 acres into 21 numbered tingle family residential development, °ed lot for private street purposes, and ,ed lot for landscape open space. Said Iso includes the extension of San Miguel i the consideration of an Environmental A portion of Block 93, Irvine's Sub- division, located at 1401 San Miguel Drive, between MacArthur Boulevard and the proposed extension of San Miguel Drive, southwesterly of Ro- ger's Gardens. R -A, R -1 -B, and P -C The Irvine Company, Newport Beach Same as Applicant Simpson - Steppat, Newport Beach . 3 and 4 were heard concurrently because relationship.) -7- TRAFFIC STUDY APPROVED UNDT— TTbULLY Item #4 TENTA- TIVE MAP OF TRACT NO.= APPROVED CONDI- O AN LLY Commissiol motion du( tial or ci Commissiol posal wou' Commissiol mission, i ector, re, x x x x x Motion wa! x x Request ti subdivisii lots Request ti lots for : one lette' one lette request a Drive, an, Document. Location: Zones: Applicant Owner: Engineer: (Items No i of their April 5, 1979 INDEX ier Agee then stated his opposal to the to his feeling that there. is no substan •itical need for this project. ier Cokas stated his feeling that the pro d not affect the present situation. ier Beek suggested that the Planning Com- ather than the Community Development Dir- iiew the project in 18 months. s then voted on, which MOTION CARRIED. consider a Traffic Study for a proposed (Item #3 )n containing 21 single family residential AND subdivide 12.97 acres into 21 numbered tingle family residential development, °ed lot for private street purposes, and ,ed lot for landscape open space. Said Iso includes the extension of San Miguel i the consideration of an Environmental A portion of Block 93, Irvine's Sub- division, located at 1401 San Miguel Drive, between MacArthur Boulevard and the proposed extension of San Miguel Drive, southwesterly of Ro- ger's Gardens. R -A, R -1 -B, and P -C The Irvine Company, Newport Beach Same as Applicant Simpson - Steppat, Newport Beach . 3 and 4 were heard concurrently because relationship.) -7- TRAFFIC STUDY APPROVED UNDT— TTbULLY Item #4 TENTA- TIVE MAP OF TRACT NO.= APPROVED CONDI- O AN LLY COMMISSIONERS p ti City of Newport Beach April 5, 1979 ROIL CALL The Planning Commission recessed at 9:00 p.m. an, reconvened at 9:10 p.m. Fred Talarico, Environmental Coordinator, appear before the Planning Commission to answer several questions made by Commissioner Haidinger. Initi ly, he stated that there is no specific Conditio of Approval to restrict development of Lot 21. ditionally, Richard Hogan, Community Development Department Director, stated that the in -lieu par fees are used for park purposes and are segregat from the parking lot fees. He further explained that Condition of Approval No. 21 is a require-: ment of the Public Works Department placed on al subdivisions, as payment of an acreage fee estab lished by an ordinance some time ago required of each development to pay back the cost of the de- velopment of that reservoir. Fred Talarico ex- plained Condition of Approval No. 11 as a sugges tion that the 5' barrier be put in place unless was determined that a higher one be. required and the mitigation measure in this case would be cov ed as was the detailed noise analysis and the in tent is to mitigate the impact on those lots. H further stated the cost of the initial study as approximately $10,000 for 21 lots. Larry Seeman, City's Consultant on the pro- ject, 16 Lakeside, Irvine, appeared before the P ning Commission to answer a question by Commissi Haidinger, stating that lots 5, 6 and 20 were se cted as prototypical lots and that Lot 5 exceede the 6.5 CNEL (the City's criterion for external n in residential areas) criterion and that Lots 3 a 4 (average for 24 hour period) weren't specifica analyzed, but topographical relationships indica that they would be equally exposed. In response a question by Commissioner McLaughlin, he stated that with respect to the mitigation measure, a 5 wall would be inadequate, but that a specific an sis as to the exact height of that wall was not made. John Parnell, 5959 W. Century Blvd., L.A., Physi Engineer, working on the project for the Consult appeared before the Planning Commission and stat MINUTES • 1 INDEX ad �1 ad �d 1 er- tan one le- d DiS n lly ted to aly cal ant ed 0 • COMMISSIONERS 6• 4 } ip�,V�9, C • � 4� 9 4n+��pS s �n Cy City of Newport Beach April 5, 1979 ROLL CALL that the peak hour, using the same type analysis procedure would be the energy mean for that one h period as opposed to a 24 hour period and the val would necessarily be lower than the 65 CNEL level and any activities occuring during the evening an night hours are weighted disproportionately (one a 24 hour average and one is a one hour average, rived from the total traffic volume during that o hour period, divided by the number of seconds in that hour.) In response to a question by Commissioner Beek, M Parnell stated that these figures also take into consideration the effect of climbing a grade „ or 3 -4% grade climbed by a poorly mufflered vehicle would add about 2 dB's and that there are no cor- responding reduction figures for vehicles going :down -grade on the other side. In response to:a c ment from Commissioner Agee, he added that raisin the wail approximately 2.5% could bring the noise level within the City's standards. Commissioner McLaughlin inquired about the southerly bike trai ., to which Mr. Webb responded that there would be a .sidewalk constructed on the southerly side, and t the 10' wide northerly bike trail would be 2 -dire ltional. Commissioner Agee expressed his observation that !one in greatest violation to the acceptable level San Miguel Cul -de -Sac (C6B) and Avocado split frc MacArthur to the ocean side of San Joaquin Hills or projected ICU's with or without San Joaquin Hi ;Corridor of 1.72 and 1.56 at San Joaquin Hills Rc and MacArthur Boulevard, or substantially over 0. to the fourth decimal. He also expressed his unc standing that the purpose of the initial study is Identify the.environmental impact.of the project enable the applicant and lead agency to modify.tt 'project and correct adverse impacts if at all pos sible, and in this case the initial study was use to provide a written determination of whether ,a t tive Declaration or EIR should be prepared or nc he California Environmental Quality Act states.1 here a project is revised in response to the in! tudy so that potential environmental effects re mitigated to a point where there are no sign! ant environmental effects that would occur from roject, a Negative Declaration shall be issued v her than an EIR. The Environmental Affairs Comp tee of the City reviewed this project and felt tt i -9- MINUTES 3u ue d is de ne r. Ia om 9 1, ha c- the is m Rd lls ad 90 er- to and e d eg- t. hat tia fi- the a- it- at INDEX COMMISSIONERS City of Newport Beach April 5, 1979 ROIL CALL those conditions were met and accepted the docu- ment. The public hearing was opened regarding this item and Keith Greer, Irvine Company, appeared before the Planning Commission to make a brief presenta- tion on the Harbor Point Community: 1) 21 single family homes 2) Lot sizes 10,400 sq. ft. in size 3) Slope banks 9,000 sq. ft. net 4) 21 homes as private community and potential private controlled access entry 5) $300,000 price range of homes 6) The Irvine Company retains control over arch tecture 7) Reduction in land use from original garden -o fice concept, to provide for reductions in traffic and noise impacts 8) Proposing construction.of a link in the circ lation system for Newport Beach 9) Construction of four -lane road with landscap median 0) Traffic.signal at MacArthur and San Miguel 1) Traffic signal at San Miguel and Avocado 2) Cost of project - $500,000 3) The Irvine Company accepts responsibility of those costs in conjunction with the developrt of Harbor Point 4) Improvements to San Miguel are consistent wi the City's General Plan Circulation Element 5) Consistent with Planning Commission and Traf Advisory Committee's recent recommendation t City Council 6) Lot 21 will be a segregated lot, below San N guel Drive, with a wall and berm constructed at a combined height of 8' Mr. Greer then concluded with a brief review of t seven additional conditions prepared in response concerns expressed to The Irvine Company by a rep resentative of the Community Association, and to press his concern regarding two of the Staff's sL gested conditions. With regard to Condition No. Mr. Greer commented that the land value is being questioned and reviewed with the City's appraisal comparable park land and the $112,987.42 figure i very deceptive and the reference to said figure should be deleted and require instead . park fees t be paid in the amount as established by the City Council in accordance with Section 19.50.070 of t Newport Beach Municipal Code. He further express -10- MINUTES • INDEX f i- f- u- ed • en t fi 0 i- he to ex 9- 45 s 0 he ed COMMISSIONERS C ROLL CALL 0 • MINUTES City of Newport Beach April 5, 1979 his second area of concern regarding the City Coun- cil's recently adopted Policy S -1 on the Traffic Phasing Ordinance, adopting new administrative pro- cedures after their original, proposal was postponed with a four week continuance to gain everyone's im- put, and the resultant penalty placed on them due to the postponement and that therefore they will no now come under control of the Traffic Phasing Ordi- nance, and.he suggested a continuance to deal with the new administrative procedures. He further req- uested that the Staff evaluate the Traffic Impact under the new procedures and report the findings to the City Council with the results of that analysis to return to the Planning Commission only in the event that they do not.meet the requirements of the Traffic Phasing Ordinance.under the new procedures. Robert Rosenberg, Corona del Mar, appeared before the Planning Commission to state his basic approval of the building of Harbor Point and to express his concern regarding San Miguel Drive. He further stated his understanding that there is a difference in the present project loads with and without San Joaquin Hills Transportation Corridor and his fur- ther understanding that without the Corridor the ICU's do not exceed 0.90. He additionally s.tated his understanding that the Citizen's Committee has not approved San Miguel Drive, and to express his feeling that the extension of San Miguel Drive at this time is premature, is not desirable for.the City or for the adjoining neighborhood communities at this time and better alternatives are available, (right turn lane at San Miguel Dr., off the exist- ing MacArthur or off the Avocado couplet will re- lieve the through traffic on San Joaquin Hills Rd. which later turns in at Santa Rosa and facilitate the exit from Newport Center by extending San Nicho- las to San Joaquin Hills Road for a right turn), that this project should require an EIR, due to the pper limits of acceptable noise standards, and.that he development of Harbor Point.does not.depeind upon he extension of San Miguel Drive. He concluded by. equesting a separation of the consideration'of the arbor Point project from the consideration of the an Miguel extension. ry Lou Furness, 2501 Bluewater Lane, Corona, del r; appeared before the Planning Commission to ex- -11- INDEX COMMISSIONERS MINUTES City of Newport Beach p tz April 5, 1979 ROLL GAII INDEX press her delight with the Harbor Point project and to state that she had no objection to San Miguel Cul -de -Sac feeding Harbor Point. She then requeste that the Planning Commission delete the extension o San Miguel Drive from the Master Plan and include Dr. Rosenberg's suggested traffic flow, for several reasons, including her feeling that the widening of MacArthur Boulevard and Avocado Avenue would be pre ferable and safer, and the undesirable aspects of routing commercial traffic for Corporate Plaza and Newport Center to a residential area would be avoid- ed. She then stated her objection to the noise and . pollution extending San Miguel Drive would bring, and her further impression that adding traffic ligh s to MacArthur Blvd. and .Avocado Ave. would increase the traffic accident rate. Brian Smith appeared before the Planning Commission to question some of the aspects of the project, in- cluding his belief in the necessity of an EIR, due to his feeling that a four -lane highway close to a residential home area is a significant impact on the environment and his further feeling that the exten- • sion of San Miguel Drive is not necessary to the Harbor Point project, and he stated that he would like to see other alternatives. Phillip Arst then appeared before the Planning Com- mission to state his approval of the development of the Harbor Point homes and to express his concern regarding the extension of a major arterial highway alongside a residential neighborhood. He conveyed his feeling that San Miguel would have a major dele- terious impact upon the local environment and to convey his further feeling that the initial study does not adequately examine the impact upon their existing residences. He additionally .relayed his understanding that the figure of 60,500 ADT's a day is in substantial disagreement with the 48,700 ADT's igure used in the Newport Center Study., and the ad- itional disagreement of the 23,219 figure relating o the Traffic Study issued by the Department of ublic Works on March 26, 1979. In response to a question by Commissioner Agee, Don. ebb, Public Works Department Subdivision Engineer, ssured. him that the ICU figures for the peak hours re accurate figures. -12- COMMISSIONERS • Fp000� p y City of Newport Beach April 5, 1979 mou cnu Ted Carpenter, President of.the Harbor View Broadmoor:Com- munity Association, appeared before the Planning Commi!ssic to express his appreciation to Keith Greer and the Irvine Company for their cooperation and to state his support of Harbor Point and the development of property as single fan ily residential property. He further expressed his stronc opposal to the San Miguel extension for the reasons previ,c ly stated. Mr. Greer again appeared before the Planning Commission tc explain that the plan for the Irvine Coastal area to whi& Phil Arst was referring was based on original population projections of 50,000 people and the present plan as how being considered by the County and the.Coastal Commission is 38,000 people, accounting for the difference. He furth stated, in response to people's concern of projections as far advanced as 1998, that the need is much more immediate or 2 -3 years hence, and he asked for a verification from i City's Traffic Engineer, to which Don Webb, Department of Public Works Subdivision Engineer, responded that increase of traffic on MacArthur Boulevard and Avocado Avenue is 7- a year, and at that rate, the intersection of San Joaquin • Hills Road and MacArthur Boulevard will.reach the 0.90 le% in 1981 -1982, in which case the construction of San Miguel Drive would allow traffic to be shifted from that intersec tion and allow the intersection to work at below 0.90 .ICU' There being no others desiring to appear and be heard4 the public hearing was closed. Commissioner Beek:then stated that he felt that Lot 21 she not be allowed to be developed. R. Henry Mohle, Traffic Consultant on the project, stated that two intersections (as shown on page 9 of the Staff R( port) indicate that the intersections of MacArthur Boulev< San Joaquin Hills Road /San Miguel Drive are over 1 %. Motion X Motion was made that the Planning Commission make the fol' ing findings: i 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour 1 fic and circulation system in accordance with Chaptei 15.40 of the Newport Beach Municipal Code. 2. That the Traffic Study indicates that the project -gei ated traffic will be greater than one percent.of exis ing traffic during the 2.5 hour peak period on any if • of the intersection of San Joaquin Hills Road and Ma Arthur Boulevard. i -13- I MINUTES n er he 9% 'el M uli :t- .9 INDEX COMMISSIONERS !0 City of Newport Beach April 5, 1979 ROLL CALL 3. That the Traffic Study indicates that the pi jest- generated traffic will neither cause nc make worse an unsatisfactory level of traffi service on any 'major', 'primary - modified' 'primary' street. , 4. That the map meets the requirements of Titlf 19 of the Newport Beach Municipal Code, all dinances of the City, all applicable genera' or specific plans, and the Planning Commiss• is satisfied with the plan of subdivision. 5. That the proposed resubdivision presents no problems from a planning standpoint. 6. That the site is physically suitable for thi type of development proposed. 7. That the site is physically suitable for thi proposed density of development. 8. That an Initial Study and Negative Declarat have been prepared in compliance with the C+ ifornia Environmental Quality Act, and that their contents have been considered in the cisions on this project. 9. That based on the information contained in Negative Declaration, the project incorpora sufficient mitigation measures to reduce po tially- significant environmental effects, a that the project will not result in signifi environmental impacts. 0. That the design of the subdivision or the p posed improvement will not substantially an avoidably injure fish or wildlife or their bitat. 1. That the design of the subdivision or the p posed improvements are not likely to cause ious public health problems. 2. That the design of the subdivision or the p posed improvements will not conflict with a easements, acquired by the public at large, access through or use of, property within t proposed subdivision. 3. That the discharge of waste from the propos subdivision will not result in or add to an violation of existing requirements prescrib -14- MINUTES • 0 INDEX r C r L on 0 le- :he :es :en id :an .0- i ia- 0_ >er r0_ ly fo ie ad • v ad COMMISSIONERS 1\1 \ OpQ� 9G@ • �4 �Z City of Newport Beach April 5, 1979 ROLL CALL by a California Regional Water Quality Cpnt Board pursuant to Division 7 (commencingiwi Section 1300) of the Water Code. and approve the Traffic Study and the Tentative. Map of Tract No. 10625, subject to the following conditions: 1. That a tract map be filed. 2. That all improvements be constructed as req ed by ordinance and the Public Works Depart 3. That Section 19.16.030 of the Subdivision 0 dinance be waived provided that drawings of the tract map at a scale of 1" =100' are pro ded to the Public Works Department. 4. That vehicular access to Lot 21 be limited one driveway approach on San Miguel Drive. This driveway approach shall be limited to right turn in and out only. The location o the driveway approach shall be subject to f • ther study and approval of the Public Works and Community Development Departments prior filing of the tract map. The drivew.ay appr location shall be located as far away from Arthur Boulevard as .possible. 5. That all vehicular access rights to MacArth Boulevard, except at the public street inte section, be released and relinquished to th City. 6. That the remaining street improvements alon the easterly side of MacArthur Boulevard fri tage adjacent to the tract be completed inc' ing a 10- foot -wide sidewalk -bike trail. 7. That the minimum right -of -way width of San I guel Drive between Avocado Avenue and MacAr Boulevard be 114 feet.. 8. That all vehicular access rights to San Mig Drive, except for. two private drive opening and the public street intersection, be rele and relinquished to the City. 9. That San Miguel Drive be improved to its ultimate se • tion from Avocado Avenue to San Joaquin Hills Road, cluding modification of the existing traffic signal the intersection of San Joaquin Hills Road with San j guel Drive. -15- MINUTES rol th, ail - nei t. r- vi to t Dd h Ma - ur r- e 9 )n- lud 4i- thu ael a ise c- in- at Mi - INDEX COMMISSIONERS 1%0\ i City of Newport Beach April 5, 1979 ROLL CALL r a > 10. That traffic signals be installed by the dev loper at the intersections of San Miguel Dri with MacArthur Boulevard and Avocado Avenue. The implementation of this requirement at th intersection of San Miguel Drive with Avocad Avenue shall be subject to verification by t City of signal warrants, and a separate agre ment and surety may be provided for this wor If the traffic signal warrants are not met w in a five -year period after acceptance by th Council of the public improvements for the tract, the developer shall be relieved from this portion of the condition of approval. 11. That the noise impact from MacArthur Bouleva and San Miguel Drive be considered and that the dwelling units be designed to provide f o sound attenuation in accordance with the re- quirements of law and the recommendation of qualified acoustical engineer. Specifically that acoustical attenuation devices be incl ed in final project design as described in mi tigation measure 11 of the Initial Study an that a higher barrier be erected, if request unanimously by the residents of Lots 3, 4 a 5. 12. That the design of the private streets conf with the City's private street policy. 13. That the structural section of the private streets and drives be designed in accordant with standard civil engineering practice. design will be approved and the construction spected by the Public Works Department. Th standard plan check and inspection fee shall paid. 14. That the private streets shall have a stree light system approved by the Public Works D partment. 15. That the California Vehicle Code be enforce d the private streets. 6. That a traffic control plan shall be submit t and approved by the City's Traffic Engineer. -16- MINUTES INDEX e- ve e o' he e -, k. r it l' rd r a > COMMISSIONERS City of Newport Beach • �� (cS} v� °gyp ,� �o ,gyp �z April 5, 1979 ROLL CALL • MINUTES 17,. That if it is desired to have a control gate o the entrance off San Miguel Drive, a turn -a= .round shall be provided prior to the gate. Th design of the controlled entrance shall be re- viewed and approved by the Public Works and Community Development Departments. 18. That a 10 -foot -wide sidewalk - bike trail be pro, vided on the northerly side of San Miguel Drivi 19. That the median in San Miguel Drive be improves with an irrigation system, landscaping, and cobblestone pavement. The plans shall be ap- proved by the Parks, Beaches and Recreation Department and the Public Works Department. 20. 23. 22 23 That the water capital improvement acreage fee! be paid. That storage capacity in San Joaquin Reservoir equal to one maximum day's demand be dedicated to the City. That easements for ingress, egress and public utility purposes on Lot "A" be dedicated to the City. That 3- foot -wide easements for public utility purposes adjacent to Lot "A" be dedicated to the City. 24. That a subdivision agreement and accompanying surety be provided if it is desired to record the final tract map prior to completion of the public improvements. 25. That all work within the MacArthur Boulevard right -of -way be done under an encroachment per, mit issued by the California Department of Transportation. 26. That sight distance for the bike trail along the westerly side of San Miguel Drive be pro- vided for the future driveway approach for Roger's Gardens. 27. That on -site fire hydrants be provided as re- quired by the Public Works Department and the Fire Department. -17- INDEX COMMISSIONERS V C City of Newport Beach April 5, 1979 ROLL CALL 28. That Fire Department access shall be approve by the Fire Department. 29. A landscape and irrigation plan for all comm areas shall be prepared by a licensed landsc architect. Said plan shall include a mainte ance program which controls the use of organ phosphates and pesticides. 30. That the landscape plan shall place heavy em phasis on the use of drought- resistant or ornamental vegetation. 31. That planting be done on any exposed slopes soon as possible to reduce erosion potential Prior to the occupancy of any dwelling unit licensed landscape architect shall certify t the Department of Community Development that the landscaping, has been installed in accord with the prepared plan. 32. Development of the site will be subject to a grading permit to be approved by the Depart- ment of Community Development. Surface and subsurface drainage shall be provided to the satisfaction of the Community Development De partment and the Public Works Department. 33. An erosion and dust control plan shall be su mitted with the grading permit application a be subject to the approval of the Community velopment Department. 34. That drainage along MacArthur Boulevard adja ent to the tract be improved in conjunction with Tract grading; if grading and drainage are to be accomplished as a precise plan; th should be accomplished prior to finalizaiton the grading plan. 35. That a lined brow ditch (es) be provided on site areas where cuts are proposed on the tr And in accordance with the precise grading p to be approved by the Community Development partment. 36. That a detailed geotechnical report be prepa prior to approval of the final tract map and before finalization of a grading plan, subje -18- MINUTES • 1 INDEX d on ap n- 0- a s t 0 an e b- nd De c- is 0 of ac ,. tan De- d ct1 COMMISSIONERS City of Newport Beach • \\\\\ \\\ April 5, 1979 MINUTES ROLL CALL to the approval of the Public Works Department' and Community Development Department. 37. That an erosion and siltation control plan be approved by the Califronia Regional Water Qual ity Control Board - Santa Ana Region, and that the plan, be submitted to said Board ten days prior to any construction activities. 38. That the applicant provide for street sweeping services for all non - dedicated streets equal to that service provided by the City for resi- dential area streets. 39. That in order to retain the physical integrity of midden.deposits during grading activities, that mitigation measures 4, 5 and 6 as descri- bed in the Initial Study be observed during construction of the project. 40. That prior to the issuance of building permits • it be demonstrated to the satisfaction of the Community Development Director that energy con nervation measures described as mitigation mea sures 13, 14 and 15 in the Initial Study have been considered in project design. 41. That appropriate deed restriction (s) subject I o. the approval of the City Attorney and Director of Community Development be placed on Lot 21 as shown on Tentative Tract No. 10625 to infor any potential purchaser (s).of high noise le- vels and access restrictions on this site. 42. That the applicant provide assurance in a man- ner acceptable to the City Attorney and Direc- tor of Community Development that the off -site desilting basin will be retained or should any development of the desilting basin site occur, a basin of equal or greater capacity will be provided. •,43. That all pad elevations shall be as depicted on the subdivision map or lower. 44. That the height of all landscape materials shall not exceed a height of twenty -nine feet (29' feet) above pad elevation or the ridge of the • dwelling, whichever is lower. -19- INDEX COMMISSIONERS � vts'f yw �,A 1� 9Gp City of Newport Beach April 5, 1979 ROIL CALL 45. That prior to the recordation of the Final M the applicant shall deposit with the City an In -lieu Park Fee in an amount as determined the City Council in accordance with Section 19.50.070 of the Newport Beach Municipal Cod 46. That additional traffic phasing studies be made between the Planning Commission meeting of April 5, 1979 and the City Council meetin of April 9, 1979, by the applicant concurren with continued work on this application. 47. That a pedestrian gate be added to the propo wall for pedestrians and children to get fro Salt Air Circle onto San Miguel Drive, to be placed at the end of Island View Drive. 48. That Lot 21 be designated as not a buildable lot. 49. That a textured block wall and berm of a com bined height of 8' be constructed.on Lot 21 Tentative Tract No. 10625 parallel to San Mi guel Drive and MacArthur Boulevard. The com bined wall and berm shall connect at the int section of San Miguel Drive and MacArthur Bo vard and extend easterly a distance of 250' San Miguel Drive from the intersection of Sa Miguel Drive and MacArthur Boulevard and sou erly a distance of 300' on MacArthur Bouleva from the intersection of San Miguel Drive an MacArthur Boulevard. The textured block wal located within Lot 21 parallel to San Miguel Drive shall connect to the 8' barrier adjace to Lot 49, Tract No. 6385 as specified below Condition Number 2. The developer shall be sponsible for the planting of trees and grou cover on the berms specified in this conditi of approval. 0. That an 8' barrier be constructed in the rig of -way of San Miguel Drive adjacent to Lot 4 of Tract No. 6385. 1. That a 5' textured block wall be constructed Lot C of Tract No. 6385 parallel to Salt Air Drive for the entire distance between Lots 1 and 49 of Tract No. 6385. Said textured blo wall shall connect to the 8' barrier adjacen to Lot 49, Tract No. 6385 and shall connect -20- MINUTES • INDEX ap )y a 9� t seq n I of er• uli on n th. rd d 1 nt it re- nd on ht. 9 5 ck t to • COMMISSIONERS City of Newport Beach �s �y April 5, 1979 ROLL CALL • the rear wall base of the 5' constructed at Salt Air Drive 6385. on Lot 15, Tract textured block grade with the adjacent to Lot MINUTES No. 6385. The wall shall be top of curb on C of Tract No. This condition of approval shall be applicable. only in the event that the Broadmoor Hills Com- munity Association and the owners of Lots 15 and 49 of Tract No. 9385 consent to the const- ruction of said 5' textured block wall within 60 days of receipt of the developer's request for approval of the construction of said wall. The developer shall be responsible for the re- placement, repair or modification to plantings and irrigation systems which result from the construction of said wall. 52. That a street lighting plan for San Miguel Drive be submitted to the Broadmoor Hills Com- munity Association Board of Directors for re- view and comment and to the Director of Com- munity Development for the City of Newport Beach for approval prior to the issuance of building permits for residential dwellings wit in Tentative Tract No. 10625. , Said street lighting plan shall include consideration of provisions for minimizing the intrusion of peripheral street lighting into the existing homes easterly of Tentative Tract No. 10625. That the Covenants, Conditions, and Resthic- tions recorded for Tentative Tract No. 10625 shall require the pruning of trees on indivi- dual Lots 1 -21 so as to limit the.growth of said trees to the height of the building ridge line for each residential dwelling. That the elevation of the building ridge line and the maximum height of.trees on Lot 21 Tentative Tract No. 10625 shall be limited to a height of 227' above sea level. That an analysis of the estimated noise level at the residences located on Lots 15 and 49 of Tract No. 6385 shall be performed by a qual ified acoustical engineer selected by the Dir- ector of Community.Development for the City of -21- INDEX COMMISSIONERS F City of Newport Beach April 5, 1979 ROLL CALL Newport Beach. For the purpose of this acou tical analysis, the acoustical engineer shal measure the noise levels as artificially in- creased to reflect the anticipated noise im- pacts resulting from the vehicular traffic o San Miguel Drive as measured in the year 199 Based on the conclusions of this analysis, t developer shall be required to construct sou attenuation measures if any are required in cordance with the requirements of state law and the recommendation of the acoustical en- gineer. The construction of such sound atte uation measures shall only be required in th event that the individual owners of Lots 15 49 of Tract No. 6385 consent to the construc tion of said sound attenuation.measures. 56. An additional Traffic Study be prepared in accordance with City Policy S -1 for review by the City Council i conjunction with their consideration of this project. Commissioner McLaughlin stated that she would not support the four -lane extension of San Miguel Dri as she felt that it was premature to the need, an she further stated her understanding that the Pla ning Commission could yet consider alternates to the San Miguel Drive extension and modify the tra portation element. Commissioner Beek expressed his feeling that a to of work is yet to be done relating to the study o the circulation element, including alternates to consider such as couplets, back -bay bypasses and Miguel and University Drives and the completion o the report by the consultant preparing the traffi model. Commissioner Agee then expressed his understandin that for the interim the transportation element i complete. Commissioner Balalis stated that the letter from Robert Wynn, City Manager, to Richard Hogan, Coma ity Development Director, concerning the City Cou meeting of March 26, 1979 stating that all recoma dations of the Planning Commission will be intact and acceptable to the City Council except those i disagreement with the Transportation.Advisory Corr tee Memorandum, and he expressed his understandin that the Planning Commission recommended the San guel Extension and is part of the Circulation Ele -22- MINUTES 0 INDEX i i. ne id ac• n- an n vel- d n- ns t f Sai f C 9 s un ncil en n mi - 9 • Mi me t. COMMISSIONERS • P Y9<�} Vs �p p �O 1 ROLL CALL Motion Ayes Noes Absent Ayes Noes Absent r, U Motion Ayes Noes Absent • City of Newport Beach April 5, 1979 MINUTES . i -I em' c 0.R• on thi 7 IY 1 th at it as e- nt d 0- INDEX Item #5 AMEND - MENT NO. 5T5 APPROVEC An Amendment to the .Motion was made that the tons xideration of extending San Miguel Drive (Agenda It x x x x INo. 3) be separated from the consideration of the X Harbor Point Development (Agenda Item No. 4), whi MOTION FAILED. x x x x Original Motion was then voted on, which MOTION C x RIfD. x Commissioner Balalis stated his support of the mo tion and -asked that the record show that the.reas for his support is due to his feeling that the in formation shown to the Planning Commission shows :need for San Miguel Drive by 1982, and he further Istated that if any other additional data becomes ;available that he is not aware of and if that nee was not shown at this point in time, he would not be as supportive as he is. Commissioner Beek stated that he was opposing the motion because of his feeling that an EIR is re- quired on.a proposal to put a stoplight on a majo highway climbing a grade next to a residential de velopment, which he feels is a major environmenta impact, and his further feeling that concern for traffic load of the intersections could be allevi ed by sealing off San Joaquin Hills Road at the C boundary so that no traffic comes in from down co j and by sealing off San Miguel Drive and Ford Road at the City boundary so no traffic comes in from Bonita Canyon. x Motion was then made. that the Planning Commission X x x x recommend to the City Council that the 25% of the x xi in -lieu park fee, generated by the project, be cr x dited to The Irvine Company for the non - developme of Lot 21 and that the other 75% be put into the park fund. Request to consider an amendment to Chapter 20.87 of the Newport Beach Municipal Code as it applies to the definition of the terms "Dwelling Unit" an "Family" and the acceptance of an Environmental D ument. i Initiated By: The City of Newport Beach i -23- MINUTES . i -I em' c 0.R• on thi 7 IY 1 th at it as e- nt d 0- INDEX Item #5 AMEND - MENT NO. 5T5 APPROVEC COMMISSIONERS MINUTES City of Newport Beach ql t April 5, 1979 ROIL GAIL INDEX Commissioner Beek proposed the following change to Chapter 20.87 of the Newport Beach.Municipal Code as it applies to the definition of the term "I Family "20.87.180 FAMILY. The term "family" shall mean (1) a set of persons of whom at most one is not related to all others by blood, marriage or adoption; or (2) any set of at most four persons. The term "family" shall not apply to residential care facili- ties for six or fewer developmentally dis- abled, mentally disordered, or otherwise handicapped persons." The public hearing was opened regarding this item and Stephanie Smith, UCI, appeared before the Plan - ning Commission to state her understanding that the proposal was now to allow one more person to a family, but not to non - related persons, or the existing definition plus one. John Butler, Central Newport Beach Homeowners' As- sociation, appeared before the Planning Commission • to comment regarding "Alternate C" of the Staff Re -. port as it applies.to "Dwelling Unit" and to make a recommendation to the City Council of the exemp- tion of structures built prior to 1949, so that the would not be required to alter their non - conforming structure. Richard Hogan, Community Development.Director, re- sponded that the City Council would necessarily re- view each one and make a determination based on its own judgement. There being no others desiring to appear and be heard, the public hearing was closed. Gary Malazian then asked the Planning Commission whom he should contact regarding a violation of the term "Dwelling Unit" as stated in the Newport Beach Municipal Code, to which Commissioner Balalis ad- vised that he call the Department of Community De- velopment Code Enforcement Officer, James Sinacek. Motion K 4otion was made that the Planning Commission recom- Ayes x XK1 nend to the City Council that they adopt the fol- Noes x x x lowing Amendment to Chapter 20.87 of the Newport Absent x • -24- F_ L 4 COMMISSIONERS a City of Newport Beach April 5, 1979 ROLL CALL Beach Municipal Code as it applies to the defini- tion of the term "Family ": "20.87.180 FAMILY. The term "family" shall mean a group of persons living to- gether in a dwelling unit. ", which MOTION FAILED. Motion x Motion was then made that the Planning Commission Ayes x x x x x recommend to the City Council that they adopt; the Noes x following Amendment to Chapter 20.87 of the New - Absent x port Beach Municipal Code as it applies to the definition of the term "Family'": "20.87.180 FAMILY. The term "family" shall mean (1) a set of persons of whom'at most one is not related to all others by blood, marriage or adoption; or (2) any set of at most four persons. The term "family" shall not apply to residential care facili- ties for six or. fewer developmentally dis- abled, mentally disordered, or otherwise handicapped persons. ", which MOTION CARRIED. Motion x Motion was made that the Planning Commission recc Ayes mend to the City Council that they adopt the fol- Noes x x x x lowing "Alternate C" of the Staff Report with the Absent x i exception of Paragraphs 2, 3 and 4, as an Amend- ment to Chapter 20.87 of the Newport Beach Muni - cipal Code as it applies to the definition of the term "Dwelling Unit ": "20.87.140 DWELLING UNIT. The term "dwelling unit" shall mean a single unit pr viding complete independent living facili- ties for one or more persons including pro- visions for living, sleeping, and sanitatic and having at least one entrance opening tc the outside or to a common hallway or entr3 way shared by other dwelling units or faci- i lities. Existing units not meeting the above outlir criteria shall not be occupied by more .thar 1 -25- MINUTES m- D- n, ed i INDEX COMMISSIONERS p �iy City of Newport Beach April 5, 1979 ROIL CAII two persons. The provisions of Chapter 20.8 entitled "NONCONFORMING STRUCTURES AND USES" notwithstanding the following regulation sha apply to buildings on lots which contain a greater number of dwelling units than permit ted. Buildings on lots which contain a greater nui ber of dwelling units than permitted by Chap ter 20 of the Newport Beach Municipal Code must be altered to conform to the requiremen of the Code within 30 years from date of on ginal construction, unless specifically exem ed by the City Council. A room and bath or of rooms which are a part of another dwellim unit but which can be made into a separate d, ling unit by the mere shutting of a door or erection of a partition, shall, for the pur- poses of determining the number of dwelling units on a lot, be deemed a dwelling unit. ", which MOTION FAILED. Request to consider an amendment to Chapter 19.10 of the Newport Beach Municipal Code as it pertain. to Condominium Conversions and the consideration an Environmental Document. Initiated By: The City of Newport Beach Motion x Motion was made that Item No. 6, Amendment No. 52 Ayes x x x x x be continued to the regular Planning Commission Absent x Meeting of May 10, 1979., eq,uest to create one parcel of land so as to per it the conversion of two existing dwelling units n the site into a two unit residential condomini omplex. ocation: Lot 20, Block 543, Corona del Mar, located at 518 -5183-, Poinsettia Ave nue, on the southeasterly side of Poinsettia Avenue between Second A nue and Third Avenue, in Corona de Mar. -26- MINUTES • INDEX 3 I1 n- is >e a vel- Item #6 s of MENDMENT gem ni um ESUBDI- ISION 0. 622 - EMOVED ROM THE ve- CAURN D R 1 COMMISSIONERS ROIL CALL i • MINUTES City of Newport Beach April 5, 1979 P -2 William J. McGee, Newport Beach Clodomiro J. and Betty Rodriquez, Whittier Same as Applicant ing Commission removed Item No. 7 from thel > create one parcel of land so as to per - >nversion of an existing triplex into a t residential condominium complex. Lot 1089, Tract No. 907, located at 111 Via Lido Nord, on the southwest- erly side of Via Lido Nord, north- westerly of Via Antibes, on Lido Isle R -3 Virginia Dey, Newport Beach Same as Applicant Valley Consultants,.Inc., Huntington Beach hearing was opened regarding this item lreyden, representing Virginia Dey, Appli- aared before the Planning Commission to nat they recommend approval of Resubdivi- 524 to the City Council, subject to the.. s set forth by the Staff to which he.statec rrence, and to further state his feeling conversion is not in conflict with the de- the City Council Policy T -1, in protecting to lower rental properties from being cor ownership. ng no others desiring to appear and be public hearing was closed. -P7- INDEX Item #8: RESUB- DIVISION N0. 624 FORWARD- I .ED TO CITY rnnwrn Zone: :Applicant Owner: Engineer: The Plann calendar. Request t mit the c 'three uni Location: Zone: Applicant Owner: Engineer: The publi nd John ant, app equest t ion No. ondition his concu hat said ires of he middl i erted to here bei j eard, th April 5, 1979 P -2 William J. McGee, Newport Beach Clodomiro J. and Betty Rodriquez, Whittier Same as Applicant ing Commission removed Item No. 7 from thel > create one parcel of land so as to per - >nversion of an existing triplex into a t residential condominium complex. Lot 1089, Tract No. 907, located at 111 Via Lido Nord, on the southwest- erly side of Via Lido Nord, north- westerly of Via Antibes, on Lido Isle R -3 Virginia Dey, Newport Beach Same as Applicant Valley Consultants,.Inc., Huntington Beach hearing was opened regarding this item lreyden, representing Virginia Dey, Appli- aared before the Planning Commission to nat they recommend approval of Resubdivi- 524 to the City Council, subject to the.. s set forth by the Staff to which he.statec rrence, and to further state his feeling conversion is not in conflict with the de- the City Council Policy T -1, in protecting to lower rental properties from being cor ownership. ng no others desiring to appear and be public hearing was closed. -P7- INDEX Item #8: RESUB- DIVISION N0. 624 FORWARD- I .ED TO CITY rnnwrn COMMISSIONERS MINUTES City of Newport Beach ROIL CALL Motion Motion Ayes Absent April, 5, 1979 Motion was made to recommend approval of Resubdivi- sion No. 624 to the City Council, subject to the findings and conditions as set forth in the Staff Report. Commissioner Balalis then stated his understanding that City Council adopted a policy last meeting, placing a moratorium on condominium conversions un- til the City has a Condominium Conversion Ordinance Substitute Motion was made that the Planning Commis sion take no action regarding Resubdivision No. 624, and that Resubdivision No. 624 be forwarded to the City Council for their action. Hugh Coffin, Assistant City Attorney, explained tha the State Map Act provides (on a parcel map of four or fewer parcels) that the procedures will be set up by a local ordinance and our local ordinance states that a public hearing will be held within 50 days of filing by the Planning Commission, but i doesn't continue by saying that the Planning Commis sion has to act within those 50 days. He further stated that it does have a provision for extending time not to exceed 90 days upon mutual consent of the subdivider and the Planning Commission, and fi- nally states that in the event the map is not acted upon within the 90 day extension period, the map shall be deemed disapproved. The Substitute Motion was then voted on, which MO- TION CARRIED. equest to create three parcels of land, two par- els for the Irvine. Coast Country Club and related ffstreet parking lot and a residual parcel for a se to be determined and the acceptance of an En- ironmental Document. Portions of Blocks 55 and 93, Irvine' Subdivision, located at 1600 East Coast.Highway on the northerly side o East Coast Highway, between Jamboree Road and Newport Center Drive. ones: 0 -S, P -C, and Unclassified The Irvine.Company, Newport Beach SPAIM 0 INDEX • Item #9 RESUB- D VI-s-I0N Nd77f6 ;CONTIN- tME m 3T, 1979 0 COMMISSIONERS ROLL CALL `J \J MINUTES City of Newport Beach • \\\\ \ \ \\ April 5, 1979 `Owner: Same as Applicant Engineer: Robert Bein, William Frost & Assoc- iates, Newport Beach Don Webb,.Public Works Department Subdivision En- gineer, noted changes to the Conditions of Approval as sugggested by the Public Works Department: 1) That Condition No. 6 be revised to read, "That all vehicular access rights to.Jam- boree Road, with the exception of the existing maintenance access, be released .and relinquished to the C.ity.", as the gate is used on an infrequent basis to enter the parcel. 2) That Condition No. 13 be removed, because this won't be an arterial highway and the Backbay Drive extension would be one.of the few accesses that they would be able to use to get into the site from a road- way. The public hearing was opened regarding this item. and Ron Hendrickson, The Irvine Company, appeared before the Planning Commission to request that the stipulation that improvements are to be in accord with the City's Capital Improvement Policy, be ad- ded to Condition of Approval No. 11. In response to this, Don Webb, Public Works Depart- nent Subdivision Engineer, explained that the cur- rent Capital Improvement Policy would require that the improvements adjacent to Coast Highway be one travel lane, a parking . lane, curb, gutter and side- walk, and the current cross- section being consider- ed for Coast Highway, ultimate widenings would in- clude some median improvements and an additional lane for the eastbound traffic to make Coast Highwa, six lanes, although widening is being considered to be done on the inland side, so that the City would be required to pay only for the other side of the roadway and the median. n response to a question by Commissioner Beek,. Mr. endrickson responded that there is no proposed new evelopment on the other parcels at this time, but he Resubdivision will permit the lessee to get inancing so as to enhance the existing development n the property and make improvements to the Irvine oast Country Club clubhouse. -29- INDEX COMMISSIONERS ROIL CALL Motion Ayes Absent City of Newport Beach April 5, 1979 MINUTES • INDEX li ig J Item #10 i SITE n- RE- - �d, VIEWW 0. 21 CONTIN- UED no 1979 ;t is •d as ng 1 :he Forrest Smith, Co- Applicant, appeared before the Planning Commission to state his concurrence with the conditions proposed by The Irvine Company and to ask for additional time in which to study all material related to the project. x Motion was made that the public hearing for Resub( x x x x x x vision No. 616 be continued to the regular Plannii x Commission Meeting of April 19, 1979, which MOTI01 CARRIED. Request to permit the construction of a two -story commercial building on property in a Specific Plal Area where a specific plan has not been adopted, and the acceptance of an Environmental Document. A modification to the Zoning Code is also requests since a portion of the required parking spaces arf tandem spaces (where the Ordinance provides that all parking spaces shall be accessible and usable' The proposal also includes the paying of an annua' fee to the City for a portion of the required parl ing spaces in a.nearby parking lot in -lieu provid- parking on -site. Location: Lot 13, Block 5, Balboa Tract, lo- cated at 207 Palm Street on the we: erly side of Palm Street between E: Bay Avenue and East Balboa Boulevai in Central Balboa. Zone: C -1 %pplicant: Gary E.:Malazian, Newport Beach wner: Same as Applicant he public hearing was opened regarding this item nd Gary Malazian, Applicant, appeared before the lanning Commission to describe the nature of the roject, to review several categories contained ithin the Staff Report, and to state that he take xception to Condition of Approval No..3, request - nstead 1.32 X the buildable area of the site, ani urther he informed the Planning Commission that -30- MINUTES • INDEX li ig J Item #10 i SITE n- RE- - �d, VIEWW 0. 21 CONTIN- UED no 1979 ;t is •d as ng 1 :he i COMMISSIONERS i • � °�s�. v� o�po'ZO �o� City of Newport Beach April. 5, 1979 ROLL CALL rear stairway was moved back so as to conform wit the uniform building code, and they will have six on -site parking spaces. John Butler, Central Newport Beach Homeowners' As ciation, appeared before the Planning Commission express his continued opposition to the granting in' -lieu parking fees. There being no others desiring to appear and be heard, the public hearing was closed. Motion x Motion was made that the Planning Commission make the following findings: 1. The proposed development is Consistent with General Plan and will not preclude the attai ment of the General Plan objectives and poli ties. '2. That the proposed development will not precl the adoption of the Central Balboa Specific . Area Plan or be inconsistent with the object ives and policies to be contained in that pl 3. The proposed development is a high - quality p posal and will not adversely affect the bene fits of occupancy and use of existing proper ties within the area. 4. The proposed development does not adversely fect the public benefits derived from expenc tures of public funds for improvement and be tification of streets and public facilities within the area. 5. The project will not have any significant er vironmental impact. . Adequate parking spaces and related vehicule circulation will be provided in conjunction with the proposed development. 7. That the establishment, maintenance, or opei tion of the use of the property or building not, under the circumstances of the particu' case, be detrimental to the health, safety, peace, comfort and general welfare of persoi . residing or working in the neighborhood of i pro.posed use or be detrimental or injurious -31- MINUTES I >o to )f th n- ud an af- i- au- r ,a- wil ar is uch INDEX COMMISSIONERS t ,%lop\ City of Newport Beach April 5, 1979 ROLL CALL to property and improvements in the neighbor hood or the general welfare of the City and further that the proposed modification for t dem parking spaces is consistent with the le islative intent of Title 20 of the Municipal Code. and approve Site Plan Review No. 21, subject to t following conditions: 1. That development shall be in substantial con formance with the approved plot plan, floor plans, and elevations, except as noted in co dition of approval no. 2. 2. That all requirements of the Uniform Buildin Code shall be met. 3. That a minimum of one parking space for each 250 sq. ft. of commercial floor area shall b provided for the proposed development. At least five (5) parking spaces, including thr (3) independently accessible spaces, shall b provided on the subject property at all time The applicant shall pay an annual fee to the City for the remaining portion of the requir parking spaces in the nearby Municipal parki lot in lieu of providing said parking spaces on the property. Said fee shall be waived a a later date if an offsite parking agreement for the required offstreet parking spaces is approved by the Planning Commission and the City Council. 4. That all mechanical equipment and trash area shall be screened from Palm Street, adjacent properties, and from the alleys abutting the property. 5. That a maximum of two retail uses shall be p mitted on the first floor of the structure: 6. That all improvements be constructed as requ ed by ordinance and the Public Works Departm 7. That curb, gutter and sidewalk be reconstruc along the Palm Street frontage. -32- MINUTES INCIx an 9- he n- 9' e ee e S. ed n t er- Tr- ent. ted r1 LJ COMMISSIONERS [� z ROLL CALL Ayes Noes Absent Motion Ayes Absent Motion es sent Motion Ayes Noes Abstain Absent �otion yes Noes Absent City of Newport Beach April 5, 1979 MINUTES INDEX he of e- El an I )t in- JRESOLU- TION NO. 3�3 Commissioner Haidinger stated his opposition to t jmotion due to his concern about the 8 available parking spaces, and suggested further discussion I.this matter at a Study Session. x :Motion was then voted on, which MOTION FAILED.. X x x x x Motion was then made that the public hearing be r x x q opened and that Site Plan Review No. 21 be contin x 'ued to the regular Planning Commission Meeting of !May 10, 1979. ADDITIONAL BUSINESS: (Site Plan Review No. 14, Beverly Hills Savings ar Loan, Corona Uel Mar x The Planning Commission determined that the signs x x x X x x were to be as shown on .approved Site Plan, unless x revised Site Plan is approved. Building Heights x Staff was instructed to incorporate the followinc x x Proposals 1 and 3 as submitted by Allan Beek on x February 16, 1979, in interpreting height regula- x tions: 1) All lower than legal. Currently, each element of the roof must pass the 24' average test. We should provide that a design which is lower at every point th some legal design, is also legal. 3) Not eaves. Long eaves bring down the average height of the roof. It is not fair to reward the builder for creatini more view obstruction. Eaves should n( be counted in computing the average height of the roof. 'Roller Skate Rentals K. Planning Commission adopted Resolution No. 10J3 x x x Klitiating an Amendment to Chapter 20 which wound X: x uire a Use Permit for Roller Skate Rentals and x i -33- MINUTES INDEX he of e- El an I )t in- JRESOLU- TION NO. 3�3 COMMISSIONERS City of Newport Beach April 5, 1979 ROLL CALL Motion x also directed that the City Council be informed o the Commission's desire to restrict Roller Skat- ing on the ocean front walk. Newport Place (Emkay) Planned Community The Planning Commission adopted Resolution No. 1 Ayes x x x x setting hearing for May 10, 1979, and initiating Absent x an Amendment to the Newport Place (Emkay) Planned Community to reflect the action taken by the City Council on March 12, 1979 in approving a Develop - ment Phasing Plan. Planning Commission Rules of Procedure Motion x The Planning Commission initiated an Amendment tc Ayes x x x x x the Planning Commission Rules of Procedure as the Absent x pertain to Section VI, (time of meetings.), and Se tion II, (membership and term). The proposed wor ing is shown below: VI. TIME OF MEETINGS B. Regular meetings of the Commission sha be held on the Thursdays preceeding the cond and fourth Mondays of each month. These meetings shall commence at the he of.7e39 7:00 p.m. except that the Chair man may cal-! for said meetings to comme at the hour of 3:30 p.m. when it is del mined that the Commission's workload wt rants such earlier starting time. ProF notice of such meetings shall be given cording to the requirements of applicat law. In addition to such regular meet! the Planning Commission shall convene 1 the purpose of hearing reports from tht staff and reviewing, discussing and det ing planning and zoning matters of intf est to the City at the hour of 2:00 p.r on the Thursdays preceding the second i fourth Mondays of each month. No offir action will be taken at a study.sessior II. MEMBERSHIP AND TERM A. Pursuant to Section 702 of the City Chi -34- MINUTES i 1 INDEX f 034IRESOLU- Y C_. • d -. lD s e1- ur nce er- .r- er ac- le hgs 'or iat- !r- i. rn d :ial I . ir- , • COMMISSIONERS vem �c mom poi ap�� i 9 <y _- ROIL CALL • MINUTES City of Newport Beach April 5, 1979 INDEX ter, the Planning Commission shall con- sist of seven members appointed and ap- proved by the City Council. Each member shall serve a term of four years, such terms to be on a staggered basis. Pur- suant to City Council Policy Statement A -4, Commission appointments can be ex- tended beyond one term when in the judg- ment of the Council a reappointment would recognize and extend an unusual contribu- tion by the incumbent. In no event will individual appointments to the Commission exceed two consecutive full terms, ex- clusive of appointments to fill unexpired terms. The Community Development Direc- tor, the City Engineer, and the City At- torney, or their representatives, are ad- visers to the Commission and do not have a vote. B. The a ointment of a Plannin Commis 1222 as a ounce man the fi n o nomination papers by or for a Commissioner as a can- didate for election to the Cit Council or the declaration of a Commissioner as a candidate for election to the Council shall constitute the resignation of such Commissioner. There being no further business, the Planning Com- mission adjourned at 12:20 p.m. GEORG. A ,,Secretary City o Newport Beach Planning Commission GC /gg -35- INDEX