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HomeMy WebLinkAbout08/24/1995COMMISSIONERS, CITY OF NEWPORT BEACH MINUTES Pre: Abs( Absi r L Mot. All 4 REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: A,. .e 9d 1006 ROLL INDEX CALL sent ant * * Commissioners Adams and Selich were excused. tained s *s Ex- OFFICIO OFFICERS PRESENT: Kenneth Delino, Assistant City Manager, Planning and Building Robin Clauson, Assistant City Attorney Patty Temple, Planning Project Manager Rich Edmonton, Traffic Engineer Cringer Varin, Executive Secretary *ss r Minutes of August I O. 1995 Minutes of 8/10/95 ion Motion was made and voted on to approve the August 10, 1995, Ayes Planning Commission Minutes. MOTION CARRIED. Public Comments: Public Comments No one appeared before the Planning Commission to speak on non- agenda items. * *a Posting of the Agenda: Posting of the Agenda Del ino stated that the Planning Commission Agenda was posted on Friday, August I Sth, 1995, in front of City Hall. ssa r COMMISSIONERS L, 4 CITY OF NEWPORT BEACH MINUTES A110FITO 24 1995 ROLL INDEX CALL SUBJECT: Yankee Doodles item No. I 353 East Coast Highway Use Permit No. 3563 (Public Hearing) UP. 3563 APPLICANT: A B. Cleveland Removed .fr Calendar Request to permit demolition of an existing restaurant (former What's Cookin' Restaurant) and the construction of a Billiard Parlor with a Sports Bar with on -sale alcoholic beverage service and dancing. Also included is a request to waive a portion of the required parking. Staff requested Removal of Item No. 1. n * Motion was made to remove Item No. 1 from the Calendar. MOTION * * * * CARRIED. nt * *r SUBJECT: Mariner's Mile, Automotive Uses item No. z Amendment No. 830 (Public Hearing) A 830 Amend Chapter 20.62 of the Municipal Code to change the permitted uses until nea until 9/7/ dealing with auto related uses. Delino related this is a precautionary measure due to vacated retail auto sales dealers in the Mariner's Mile Specific Area Plan subject to replacement by auto repair dealers, etc. Staff is requesting a change of wording in the proposed Amendment from ancillary to accessory to distinguish that auto repair uses be on the same lot as retail auto dealer. ' 2 om 95 COMMISSIONERS tP 0� • `Oy �91�L `�,� 4 CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL I INDEX Public Hearin�pened. Wesley Taylor, 2001 Sabrina Terrace, Corona del Mar - discussed a potential use for a three parcel former Newport Import facility on Coast I- Eghway. He explained that the easterly parcel of 2.66 acres was used for Jaguar sales and service; the central parcel of about 44,000 square feet is owned by Theodore Robins Ford and was used for Land Rover, Austin Martin and Ferrari sales and service; and the westerly parcel of about 10,800 square feet has showroom and 8 closed garages (not service stalls) at the rear. Potential transactions are being discussed to use the main Jaguar easterly parcel for sales and service with a body shop on the westerly parcel with construction of new building. This would divide the operation of the dealership with sales and service on the larger parcel and body shop on the smaller westerly parcel. They would be separated by the 44,000 square feet parcel owned by Bob Robins Ford not involved with this particular COMMISSIONERS M4 Aye Abe 4 CITY OF NEWPORT BEACH MINUTES AURust 24, 1995 ROLL CALL INDEX Gifford addressed Ms Clauson on the intent of allowing an auto dealership t have an auto repair facility at hand. She didn't want a nice looking facili dealership and on a different location an unattractive body shop. Ridgeway stated that we are already in a Use Permit code. An automobile repair required a Use Permit previously and still does, but now it must be tied to an automobile sales and that is causing a problem. Delino suggested possible language reverting back to the word "ancillary' and adding in an adjoining location Ridgeway pointed out that in this situation these parcels do not adjoin. Newport Import use to own the Ferrari dealership down the way so th problem may exist there. Public Hearing was closed. !ion * j Motion was made to delay this item until the next Planning Conunission or iSeptember 7th for finther review and analysis. Motion was voted on. MOTION CARRIED. ent • *s I SUBJECT: Fletcher Jones, Motor Cars Item No. 3300 Jamboree Road APPLICANT: Fletcher Jones, Jr. Use Permit No. 3565 (Public Hearing), UP 3565 General Plan Amendment No. 95 -1(D), GPA_ 95- Resolution No. 1400 Resolut Local Coastal Program Amendment No. 39 (Public No. 14 Hearing), Resolution Number 1401 LCP No.' Amendment No. 823 (Public Hearing), Resolut i No. 14 Resolution No. 1402 A No. 62 Resolut i ' -4- No. 14 .3 1i. (D) on 00 39 on O1 on 02 MINUTES 9 ��Oa S k1\4 °� �� CITY OF NEWPORT BEACH L A,,m,.+ Od 1004 ROLL CALL INDEX Traffic Study No. 108 TS No. Development Agreement No. 6 amendment to DA No. 6 (CIOSA), Resolution No. 1403 Resolut i Development Agreement No. 9, No. 140 Resolution No. 1404 DA No. Resolut i EnvironmenW Impact Report No. 155. No. 14 EIR No. The applications being considered will, if approved, allow for the development of a new facility for Fletcher Jones Motorcars - Mercedes Benz. In addition to new and used car sales and leasing, the dealership will offer auto service, including body work, a parts department, customer lounge, and boutique retail sales areas. A substantial amount of the auto storage areas are enclosed in a parking structure. Staff reported that the staff report referenced the list of approvals needed to enable Fletcher Jones Motorcars to relocate their existing business and . that this is a joint effort between the City of Newport Beach and Fletcher Jones. This relocation is necessary due to the problems of an expiring lease, present site location is not the best from dealership standpoint and site configuration is fragmented and does not allow business to operate in the most efficient manner. A Memorandum of Understanding has been entered into by the City, the dealership and The Irvine Company to establish the relationships and obligations and the benefits to each of the parties. This M.O.U. establishes cost- sharing provisions between Fletcher Jones Motorcars and the City of Newport Beach to facilitate the entitlement and other agency approvals needed to permit the auto dealership on the site which is located on the corner of Jamboree and new Bayview Way. The M.O.U. is a City Council approved, separate and freestanding document. The City is providing a contract engineer who is dealing with other agency permits. City is not offering sales tax rebates or other give backs of long term. Ms Temple explained the handout on Off -site Mitigation Measures with minor modifications suggested in the EIR and included in the conditions of approval. These are clarifications of habitat restorations. The • -5- 108 on 03 on 04 155 COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES August 24. 1995 ROLL CALL INDEX applicant was provided a copy of the handout at the request of Chairman Ridgeway. Staff discussed in depth the Development Agreement No. 6 (CIOSA) and the EIR. The TCA parcel will be transferred to the City following discussion by the City Council in the near future. Public Hearing was opened. Fletcher Jones, Jr., 37 Linda Isle - stated that he agrees to all the conditions set forth in the Planning Report. He was questioned by Ridgeway about the construction process for approval and commencement. If approval process is completed in October and November they hope to start grading in January and complete in early December, 1996. Grading plans and construction documents have begun. ' Emmett Berkery, 3345 Newport Boulevard - stated that since last November he has been a contract consultant to the City on the Fletcher Jones project among others. He explained that the Transportation Corridor Agency parcel is approximately a 2 1/2 acre parcel westerly of the proposed development. The TCA acquired this parcel from the Irvine Company to accommodate fixture construction of the JR 5 ramp which would take north bound Jamboree Road traffic onto north and west bound Route 73. That ramp is not part of the current corridor construction, it is identified for a future project. The City is acquiring this parcel from TCA and leasing to Fletcher Jones to accommodate the construction of the JR 5 ramp which would be built as a fly over or bridge ramp and the dealership would use the space underneath. If the JR 5 ramp was determined not to be built then the City would probably deed that parcel to Fletcher Jones. On August 10th, the Corridor Agency Board of Directors approved two MOU's that would allow for the transfer of title from the Agency to the City with the Agency reserving the right to construct the ramp at a future date. These MOU's will be considered at City Council August 28th. Both of these MOU's are acceptable to Fletcher Jones Motorcars with height and clearance ' -6- 4 COMMISSIONERS �9 CITY OF NEWPORT BEACH MINUTES Aimud 24. 1W, ROLL CALL INDEX concerns having been addressed. Southern California Edison and Fletcher Jones Motorcars have addressed issue of removal of electrical poles and overhead wires, to be removed prior to building. Within a month or so, alignments and agreements will be prepared by Edison with a three or four month time frame to relocate poles. Tim Harris, architect of record, of 2120 Main Street, Huntington Beach - clarified an item that referred to height of fence being 6 feet that is actually 8 feet. This 8 foot fence is a security fence on the back side perimeter of the lot that will be screened with vine. A request has been made to change one of the wall structures adjacent to the 8 foot fence, that is still in the planning stage. On page 24, Item 26, all buildings shall be fully sprinklered per NFPA 13. There is one little building that is a wash rack and after having met with Building Department and Fire Departments, that is not a sprinklered building. Item 34, Use Permit for a restaurant only if it is opened to the Public for use. No Use Permit for ' a restaurant used for internal use only. He requested clarification on the handout of LSA Associates, Inc. pertaining to 4.7.31, regarding use of soft light intensity fixtures which was explained can be sodium fixture or any fixture that meets that standard of review. Gifford clarified with Harris the issue of 6 foot hedge screening and 8 foot high black vinyl coated chain link fencing covered with flowering vines. Also additional verbiage in Item No. 26 shall read ....unless otherwise determined by the Fire Department and Building Department. Dolores Otting, Newport Beach - asked staff for information on project costs for the City of Newport Beach. Also, the TCA land swap is due to salt water mitigation that will occur and eventually the City will be in charge of it later. Staff responded that one of the terms of transfer from the TCA to the City of the JR 5 ramp parcel is that the City will take on the maintenance requirements for the mitigation the TCA is creating on the southerly side of Bayview Way. A cost analysis sheet was passed to Ms Auding and referenced. ' -7 COMMISSIONERS Moti 4 Abse AyeE CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX Ms Clauson stated that the general overview of the cost is information from the MOU in preparation for this project. The actual cost evaluation and benefits have been negotiated through the City Manager and they are in the purview of the City Council. The action tonight for the Planning Commission is to focus on use of property as opposed to previous uses and evaluation of the environmental documents. The cost sheet handed out is a matter of public documentation and a copy was given to Ms. Auding. She was directed to ask any further questions of Council regarding this matter. Public Hearing was closed. on * Motion was made to recommend approval to City Council of Certification of EIR No. 155; General Plan Amendment No. 95 -1(D), ' Resolution No. 1400; Local Coastal Program Amendment No. 39, Resolution No. 1401; Amendment No. 823, Resolution No. 1402; Traffic Study No. 108; Use Permit No. 3565 subject to discussed change and Condition 26; Development Agreement No. 6, Resolution No. 1403; Development Agreement No. 9, Resolution Number 1404 and to incorporate the Mitigation Measure 4.7.31 and 4.7.32. Motion was called for and an oral vote taken to recommend approval to City Council subject to the findings and conditions and Mitigation nt * Measures 4.7 -31 and 4.7 -32. MOTION CARRIED. * * * * * A. EnWronmentd ImpactRepoi1 Na ISS: Findings: 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. ' 8 COMMISSIONERS SO1, CITY OF NEWPORT BEACH MINUTES Anrniet')A 1995 ROLL CALL INDEX 2. That the proposed Final EK which includes the Draft EIR, Continents and Responses, revisions to the Draft EK and all related documents in the record is complete and adequate to satisfy all the requirements of CEQA for the proposed project. 3. That the analysis and conclusions contained in the proposed Final EIR reflect the independent judgment of the Planning Commission. 4. That the Planning Commission has reviewed and considered the information contained in the proposed Final EIR prior to making its recommendations to the City Council. Mitigation Measures: 1. Prior to issuance of a grading permit, the grading contractor shall . identify a spoils site for deposition of exported material. Such spoils site shall have obtained CEQA clearance in accordance with the requirements of the local jurisdiction where the site is located. 2. As specified in the geotechnical report prepared for the site (Pacific Soils Engineering, Inc., May 1995), all loose, compressible natural soils and/or loose, compressible on -site fill soils should be removed from fill areas where exposed at final grade and replaced with compacted fills in accordance with the recommendations of the geotechnical engineer. All grading should be accomplished under the observation and testing of the project soils engineer and engineering geologist in accordance with the recommendations contained in the project geotechnical report, the current grading ordinance of the City of Newport Beach and earthwork specifications contained in Appendix F of the geotechnical report. The site preparation recommendations outlined in section 5.3 of the geotechnical report shall be followed. COMMISSIONERS • O i CITY OF NEWPORT BEACH •MINUTES August 24. 1995 ROLL CALL I INDEX 3. Prior to issuance of a grading permit, the applicant or successor in interest shall demonstrate to the City of Newport Beach Building Department that all facilities will be designed and constructed as specified in the City adopted version of the Uniform Building Code. 4. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. The application for grading permit shall be accompanied by a grading plan and specifications and supporting data consisting of soils engineering and engineering geology reports or other reports if required by the building official. 5. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 6. The grading plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 7. An erosion, siltation and dust control plan shall be submitted prior to issuance of grading permits 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. 8. The velocity of concentrated run -off from the project site shall be evaluated and erosive velocities controlled as part of the project design. 9. Grading operations and drainage requirements shall meet the standards set forth in the City's Building Code (Appendix Chapter 70 - Excavation and Grading, Sections 7001 -7019) and the Building Department's General Grading Specifications. COMMISSIONERS • y 9L L FL 4 CITY OF NEWPORT BEACH MINUTES August 24. 1995 ROLL CALL INDEX 10. The erosion control measures shall be completed on any exposed slopes within thirty days after grading, or as approved by the Building Department. 11. Fugitive dust emissions during construction shall be minimized by watering the site for dust control, containing excavated soil on- site until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 12. Prior to the issuance of any building permits a specific soils and foundation study shall be prepared and approved by the Building Department. 13. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further ' evaluated by a geotechnical consultant to verify the low potential for liquefaction. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill sur- charging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. 14. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the Building Department prior to issuance of grading permits. ' -11- COMMISSIONERS r CITY OF NEWPORT BEACH MINUTES Aumist 24. 1995 ROLL CALL INDEX Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 15. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the Building Department prior to the issuance of occupancy permits. 16. Berms and brow ditches shall be constructed to the satisfaction and approval of the Building Department. Water shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the Building Department prior to issuance of grading permits. 17. Prior to the issuance of grading permits, appropriate artificial sub- stances shall be recommended by the project landscape architect and approved by the Building Department for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the Building Department. 18. Prior to the issuance of grading permits, written recommendations for the mitigation of compressibletcollapsible soil potential for the project site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of approval for the site - specific tentative tract maps and grading ' -12- COMMISSIONERS \01PAPMN�, CITY OF NEWPORT BEACH MINUTES Au st 24 1995 ROLL CALL INDEX plans to the satisfaction of the Building Department. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compress - ible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site - specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the Building Department. 19. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. . Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site - specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the Building Department. 20. The project geotechnical consultant and/or civil engineer shall prepare written site - specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near - surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the site and properties adjacent to the sites if dewatering is recommended. The geotechnical consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil engineer and shall be completed to -13- COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES Anmict U 1995 ROLL CALL INDEX the satisfaction of the Building Department prior to issuance of a grading permit. 21. Prior to issuance of any grading permit, an erosion, siltation, and dust control plan shall be submitted, and shall be subject to the approval of the Building Department. 22. Prior to the issuance of any grading permit, the design engineer shall verify that the discharge of surface runoff from development of any site will be performed in a manner so that increased peak flows from the site will not increase erosion immediately downstream of the system. As part of this review, the velocity of concentrated runoff from the project shall be evaluated, and erosive velocities controlled as part of the final project design. This report shall be reviewed by the Planning Department and approved by the Building Department. ' 23. Erosion control measures contained in the erosion siltation and dust control plan shall be implemented on any exposed slopes within 30 days after grading, or as otherwise directed by the Building Department. 24. Any existing on -site drainage facilities shall be improved as required, or updated concurrent with grading and development, to the satisfaction of the Public Works and Building Departments. Improvement plans shall be approved by the Public Works Department prior to issuance of a grading permit. 25. Prior to the issuance of grading permits, the applicant (or applicant's grading contractor) shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites, and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. ' -14- COMMISSIONERS \ <9ocF9�9�, CITY OF NEWPORT BEACH MINUTES An st 24.1995 ROLL CALL INDEX 26. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Airborne and vehicle borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils and the moistening of vehicles loads. C. An approved material such as riprap (a ground cover of . large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the topsoil in areas of concentrated runoff. 27. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of storm water away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right -of -way diversions (i.e., berms or swales) located at disturbed areas or graded right -of -ways. The plan will be approved by the Public Works and Building Departments, and implemented during grading and construction activities. 28. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than 50 feet. The entrance plans shall be reviewed and • -15- COMMISSIONERS • 2 9L�L `• 4 CITY OF NEWPORT BEACH MINUTES Au st 24 1995 ROLL CALL INDEX approved by the Public Works and Building Departments con- current with review and approval of grading plans. 29. The applicant shall construct filter berms or other approved devise for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right -of -ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the Public Works and Building Departments. 30. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The, location of this basin shall be incorporated into grading plans. It shall consist of an ' embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the Building Department. 31. Notice of Intent. Prior to the approval of a grading permit, the project sponsor shall submit a Notice of Intent (NOI) with the appropriate fees for coverage of the project under the General Construction Activity Storm Water Runoff Permit to the State Water Resources Control Board at least 30 days prior to initiation of construction activity at the site. The NOI shall include information about the project such as construction activities, material building/management practices, site characteristics, and receiving water information. As required by the General Construction Permit, the project shall develop and implement a Storm Water Pollution Prevention Plan ( SWPPP), including inspection of storm water controls structures and pollution prevention measures. The SWPPP shall be ' -16- • �y � j90� l�� CITY OF NEWPORT BEACH MINUTES Aiwil0 74 1995 ROLL CALL INDEX implemented concurrent with the beginning of the construction activities, and the plan shall be kept on site. 32. Structural BMP Controls. Prior to the issuance of any Grading Permit, the project proponent shall ensure that the project includes implementation of appropriate structural Best Manage- ment Practices (BMPs) to reduce the extent of pollutants in storm water flows from the site. Said structural BMPs shall meet the approval of the Public Works Department. The following structural BMPs are suggested for consideration at the project site: Grassed or landscaped swales Reduction in the amount of directly connected impervious . area (DCIA) Inlet trash racks or bars Filter strips. Maintenance of the selected structural BMPs will be required throughout the life of the project to ensure proper operation. 33. Non- Structural BMP Controls. Prior to the issuance of certificates of use and occupancy, the project proponent shall submit an operations plan that ensures that the project operation shall include non - structural BMPs, including the following: Periodic cleaning (i.e., street sweeping) Routinely cleaning on -site storm drain manholes and catch basins Source control surveys of all on -site industrial facilities • -17- COMMISSIONERS F o� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Controlling wash down of non -storm water discharges from project development facilities Providing information to employees on disposal of waste oil, grease, and pesticide containers Carefully controlling pesticide and fertilizer usage Providing covered areas for trash receptacles, or enclosed features to prevent direct contact with precipitation Efficient landscaping irrigation Common area litter control • Housekeeping of loading docks. All non - structural BMPs shall meet the approval of the Public Works Department. 34. Water Quality Management Plan. Prior to the issuance of any building permit, consistent with the Drainage Area Management Plan (DAMP) prepared by the County of Orange for compliance with their municipal storm water NPDES permit requirement, the project proponent shall prepare a Water Quality Management Plan (WQMP). Said WQMP shall meet the approval of the Public Works Department. The WQMP shall indicate the proposed structural and non - structural, permanent storm water quality control measure to be utilized for the project, shall identify the potential pollutant source on the project, and shall describe how the project implements the objectives outlined in the DAMP. 35. Prior to issuance of a grading permit, the final plan of water, sew- er and storm drain facilities shall be approved by the Public Works Department. Any systems shown to be required by the review shall be the responsibility of the developer, unless • -18- COMMISSIONERS 4 CITY OF NEWPORT BEACH L MINUTES Anmist 24 1995 ROLL CALL INDEX otherwise provided for through an agreement with the property owner or serving agency. 36. Prior to approval of building permits, the project should contrib- ute, on a fair share basis, towards the cost of the improvement at the intersection of Jamboree Road/Bristol Street North. Said contributions shall meet with the approval of the Director of Public Works. 37. Standard dust control practices dictated by SCAQMD Rule 403 shall be followed. 38. The applicant shall specify the use of concrete, emulsified asphalt, or asphaltic cement, none of which produce significant quantities ' of VOC emissions. 39. 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. 40. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said installations shall be sound attenuated so as not to exceed 55 dBA at the property line. The latter shall be based upon the recommendations of a licensed engineer practicing in acoustics, and shall be approved by the Planning Department. 41. Pursuant to the City of Newport Beach Noise Ordinance Section 10.28.040, construction adjacent to existing residential development shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. through 6:00 p.m. on Saturday. Construction shall not be allowed outside of these hours Monday through Saturday or at any time on Sundays and Federal holidays. Verification of this shall be provided to the Planning Department. ' -19- COMMISSIONERS • � 9 4 CITY OF NEWPORT BEACH MINUTES Aumist 24. 1995 ROLL CALL INDEX 42. Final project design will include measures to buffer the project from adjacent wetland areas, including the SJHTC mitigation site and the existing wetland adjacent to the southeast corner of the project. The final buffer design shall be approved by the California Department of Fish and Game and the California Coastal Commission. While a combination of landscaping and the presence of the Bayview extension may be considered adequate to buffer the project from the SJHTC mitigation site, additional measures will likely be required for the nearer existing wetland site. Design measures to be considered include a five foot high concrete block wall or equivalent barrier that will preclude human access from the project site and reduce the effects of human activity. 43. Impacts resulting from the use of non - native, invasive plant ' species will be mitigated by developing a landscape plan that avoids the use of non - native invasive plants. A landscape plan prepared with consideration of the following information must be approved by the City prior to the issuance of building permits: Prohibited Species All non - native plants that are potentially invasive via airborne seeds, or that are particularly difficult to control once escaped, will be prohibited from all parts of the project. Such species include, but are not limited to, the following: Tree -of- heaven (Ailanthus spp.) Giant reed (Arundo donax) Garland chrysanthemum (Chrysanthemum coronarium) Pampas grass (Cortaderia spp.) Brooms (Cytisus spp.) Bermuda buttercup (Oxalis pes- caprae) Fountain/Kikuyu grass (Pennisetum spp.) German ivy (Senecio mikanoides) ' -20- COMMISSIONERS \IN60100199 CITY OF NEWPORT BEACH MINUTES Anmist 24 1995 ROLL CALL INDEX Tamarisk (Tamadx spp.). Permitted Species Some invasive, exotic species are known to be controllable in well managed situations. Such species may be used in project landscaping if a City approved biologist approves the species and proposed use. For example, areas that are separated from existing wetland areas by a substantial area of paving could be planted with hybrid bermuda grass. Non - native, invasive species that could be used under these circumstances include, but are not limited to, the following: Hottentot -fig (Carpobrotus edulis)' . Bermuda grass (Cynodon dactylon) Myoporum (Myoporum laetum) Pepper trees (Schinus spp.) Cape Honeysuckle (Tecomaria capensis)' Periwinkle (Vinca spp.). ' Should be prohibited in areas adjacent to natural open spaces. 2 Hybrid Bermuda grass, which is sterile or produces only sterile seed, should be permitted in landscaped areas, when surrounded by an appropriate hardscape buffer or an apron of non - invasive plant species (to prevent vegetative spread into natural areas). 44. The effects of night lighting on adjacent natural areas, including the SJHTC mitigation site, will be reduced by the design of lighting that is either low intensity or highly directional. Prior to the issuance of building permits, a lighting plan shall be approved by the City, demonstrating that appropriate lighting will be installed for the display area, parking lots and areas adjacent to wetlands to minimize spillage into the habitat areas. The plan will • -21- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES A,... + Od l OOC ROLL CALL INDEX include, but not be limited to, lighting directed onto the project site, and the use of soft light intensity fixtures. Prior to the issuance of any certificate of use and occupancy, the project proponent shall provide evidence, meeting the approval of the City, that the installed lighting meets the objectives of the plan. If necessary, shields on the back of lights or other screening shall be placed to cut off light beyond project area. 45. Prior to the issuance of grading permits for the project, a detailed Interim Habitat Loss Mitigation Plan 0HLMP) shall be prepared by the City and submitted to the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) for approval. The purpose of these measures is to increase the . amount and quality of scrub habitat that can be utilized by the California gnatcatcher and other species that require this habitat. This will both compensate for the project induced loss of potential breeding habitat and increase the potential for wildlife movement by increasing the size of important populations. The specific habitat replacement and exotic weed removal measures discussed below are to be incorporated into the detailed II3LMP, although they may be modified with the approval of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The detailed 1HLMP will include the following elements: Overview /Objective Plant Palettes and Planting Densities Planting Methods and Timing Site Preparation Exotic Weed Removal Irrigation Maintenance Performance Standards • -22- COMMISSIONERS • 4 \cP q� -o CITY OF NEWPORT BEACH MINUTES A.— ')e 1001Z ROLL CALL ' INDEX Monitoring Remedial Measures. The implementation of these measures will occur at the first feasible opportunity, with consideration of site preparation and plant propagule collection requirements. 46. An approximately 3.5 acre portion of the City owned property in the Big Canyon area adjacent to Upper Newport Bay shall be restored/converted to coastal sage scrub habitat. It is estimated that the additional habitat to be created is sufficient to increase the California gnatcatcher population by at least one pair. 47. As part of the Big Canyon restoration effort, the City will implement a three year program for the removal of pampas grass and myoporum from City property in the mouth of Big Canyon ' (Figure 4.7.2). The first year will concentrate on initial removal at an appropriate time of year, i.e., prior to seed formation. The following two years will consist of spot removal of new seedlings or root sprouts. 48. City Council Policy K -5 outlines the City's requirements with respect to archaeological resources. The following specific measures are recommended in conformance with Policy K -5. A. A qualified archaeologist shall be present during pregrade meetings to inform the project sponsor and grading contractor of the results of any previous studies. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. ' -23- COMMISSIONERS • ti��y c� <90 <�� 4 CITY OF NEWPORT BEACH MINUTES Ano„er ')a 1 QQS ROLL CALL INDEX B. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of subject property until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the responsibility of the project sponsor. C. Prior to issuance of any grading or demolition permits, the applicant shall waive the provisions of AB 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 49. Any sites uncovered shall be mitigated pursuant to Council Policy K -5. Where further testing or salvage is required, the applicant shall select a City approved, qualified archaeologist to excavate a ' sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. 50. The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project to a local institution that has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 51. A pre -grade reconnaissance of the area shall be made by a qualified paleontologist to assess whether any significant fossils currently are exposed. Any fossils observed and deemed significant shall be salvaged. ' -24- COMMISSIONERS 4 T\S ,9i q CITY OF NEWPORT BEACH MINUTES Anmist 24 1995 ROLL CALL INDEX 52. A qualified paleontologist shall be retained to monitor and, if necessary, salvage scientifically significant fossil remains. 53. The paleontologist shall have the power to temporarily divert or direct grading efforts to allow the evaluation and any necessary salvage of exposed fossils. 54. Monitoring shall be on a full -time basis during grading in geologic units of high paleontologic sensitivity. 55. Spot - checking of low sensitivity sediments shall be conducted by a qualified paleontologist. Should significant fossils be observed during grading in these units, full -time monitoring may be required. 56. All collected fossils shall be donated to a museum approved by I the City of Newport Beach Planning Department. 57. A final report summarizing findings, including an itemized inventory and contextual stratigraphic data, shall accompany the fossils to the designated repository; an additional copy shall be sent to the appropriate Lead Agency. 58. A landscape screen and/or equivalent barrier shall be constructed along the northeastern project boundary to screen service areas from view from the Jamboree Road southbound on -ramp and from the bicycle trail that will parallel the on -ramp. 59. Prior to approval of a grading permit, grading specifications for the project shall require the following to the satisfaction of the Building Department: a) All trash on the site shall be disposed of properly. -25- COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX b) Hazardous materials residue in the vicinity of the five gallon solvent can and the tar residue identified on the wood debris and soils shall be removed and disposed of properly. After removal of the debris, soils in the vicinity of the contaminated sites shall be tested to ensure proper cleanup, per the recommendations of the environmental remediation engineer. c) Creosote treated power poles shall be removed and disposed of properly upon relocation, per the recommendations of the environmental remediation engineer. d) Any abandoned septic tanks systems encountered during grading shall be disposed of properly, per City of Newport Beach requirements. ' 60. Prior to the approval of a grading permit, the project proponent shall determine the appropriate method of wastewater disposal to the satisfaction of the Public Works Department. 61. If disposal through a septic tank system is selected, the project proponent shall construct the system in compliance with "On -Site Sewage Absorption System Guidelines" prepared by the Orange County Health Care Agency. Consistency with said guidelines shall be determined by the Public Works Department prior to issuance of a grading permit for any septic tank facilities. The septic tank shall be operated in a manner to avoid pollution of local groundwater supplies. R General Plan Amendment Na 954(D): Adopt Resolution No. 1400 recommending City Council approval of GPA 95 -1(D). ' -26- COMMISSIONERS 4 rti� 9ocgy�9�.a� 9 CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX C Local Coastal Program Amendment Na 39: Adopt Resolution No. 1401 recommending City Council approval of Local Coastal Program Amendment No. 39. A AmendmentNa 823: Adopt Resolution No. 1402 recommending City Council approval of Amendment No. 823. E. Traffic Sti;4 No. 108: Findin s: 1. That a Traffic Study has been prepared which analyzes the impact of ' the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major, "primary - modified,' or'primary street. 3. That the Traffic Study indicates that the project - generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on six of the nineteen study intersections and that the ICU analysis for five of those six intersections indicates that the resulting ICU is not made worse and is not considered a significant impact. Conditions: 1. That per the Traffic Phasing Ordinance (TPO) Analysis, no significant project impacts are identified. Currently scheduled and ' -27- COMMISSIONERS C \ � 9< ;0I CITY OF NEWPORT BEACH MINUTES Anmist 24 1995 ROLL CALL INDEX fully- funded projects will be completed prior to or at project occupancy to off-set any project impacts. 2. That in the General Plan buildout, the project contributes towards a significant impact at the intersection of Jamboree Road/13ristol Street North. That the project should contribute, on a fair share basis, towards the cost of the improvements identified at that project study area intersection. F. Use Permit No. 3565. Approve the use permit, malting the following findings and with the following conditions of approval. Findims: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That adequate on -site parking is available for the existing and proposed uses. 3. That the proposed development will not have any significant environmental impact. 4. 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. 5. That the Police Department has indicated that they do not contemplate any problems from the proposed operation. 6. That the proposed use of roof top parldng will not, under the circumstances of this particular case, be detrimental to the health, ' -28- COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX safety, peace, comfort and general welfare of the persons residing or working in the neighborhood or the general welfare of the city. 7. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 8. That adequate provision for vehicular traffic circulation is being made for the auto sales facility. 9. The approval of Use Permit No. 3565 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and further that the proposed modification related to the proposed signing is consistent with the legislative intent of Title 20 of this ' Code. Conditions: I. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That the required on -site parking be provided consistent with the approved site plan. 3. That all signs shall conform to the provisions of Chapter 20.06 of the Newport Beach Municipal Code. Said signs shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress.. 4. That the project shall comply with State Disabled Access requirements. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. ' -29 COMMISSIONERS • ` �L ^ "�i 9f " 4 4 CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to fii ther review by the City Traffic Engineer. 7. That the intersection of the private drives at Bayview Way be designed to provide sight distance for a speed of 50 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 8. That the applicant shall prepare a landscape plan to be approved prior to the issuance of Building Permits. Said plan shall be approved by the Public Works Department, Planning Department, ' and the General Services Department. 9. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 10. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. 11. That County Sanitation District fees be paid prior to issuance of any building permits. 12. That the construction of the Bayview Way improvements be in accordance with the agreements between the City of Newport Beach and Fletcher Jones Motor Cars. That a sidewalk be constructed along the Jamboree Road frontage. All work within the public right - of -way shall be completed under an encroachment permit issued by the Public Works Department. 13. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. ' -30- • X02 �9�� 4 r CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX 14. That a drainage plan be prepared by the applicant and approved by the Public Works Department. Any modification or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 15. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110 -L. 16. Disruption caused by construction work along roadways, and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within f the Jamboree Road right -of -way. 17. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 18. That the developer obtain permission from the Metropolitan Water District and Mesa Consolidated Water District to construct within their easements. 19. That the raised island nose at the entrancelexit shall be pulled back so that it is entirely on private property. 20. That the landscaping at the entrance shall conform to City sight Distance Standard No. 110 -L 21. That HC (handicap) parking be shown on the parking plan and that adequate customer and employee parking be provided to current City ' -31- COMMISSIONERS • p�� OpF.9L9GL �' CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL I INDEX standards. All handicap parking shall be designated with a sign and pavement marking. 22. That the monument signs, slopes, walls and landscaping along the Jamboree Road frontage shall be considered in the site distance requirements. The Bayview Way and Jamboree Road intersection shall be designed to provide sight distance of 50 miles per hour. 23. That all unloading and loading of vehicles shall be done on -site. 24. That site access shall be provided for emergency access per City FireAlarine and Public Works standards. 25. That on -site fire hydrants shall be provided as required in the Uniform Building Code and Fire/Marine standards. COMMISSIONERS •� 4 CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX eliminate direct light and glare on adjoining properties southerly and westerly of the site. A timing device shall turn off any light facing towards the residential properties or neighboring properties at 10:00 p.m. every night. Said design features shall be incorporated into a lighting plan prepared and signed by a Licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, that these requirements have been met. That the lighting and illumination plan for the roof top parking area shall be subject to the approval of the Planning Director. 31. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation unless otherwise approved the Planning Department. 32. That no windshield signs shall be permitted, and that all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. ' 33. That no banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical signs shall be displayed. 34. That a Use Permit shall be required for the establishment of A restaurant that is open to the general public, within the facility. 35. That the project comply with the Uniform Building Code, disabled access, and energy regulations. 36. Health Department approval is required for the food establishment located within the project. 37. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 38. That all employees shall park on -site. -33- 4 r COMMISSIONERS \ !�pF CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX 39. That the hours of operation shall be limited between 6:00 am. and 10:00 p.m daily. 40.' That all trash areas shall be screened from adjoining properties and streets. 41. That the project shall be designed to eliminate fight and glare spillage on adjacent uses. 42. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Works Department. 43. That Coastal Commission approval shall be obtained prior to issuance of any grading or building permits unless otherwise ' approved by the Public Works Department and the Planning Department. 44. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 45. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. G. DepelopmentAywwnt No. 6 (CIOSA): Adopt Resolution No. 1403 recommending City Council approval of Revisions to Development Agreement No. 6. ' -34- • �`royC��90 4 CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX H. Development Agreement Na 9: Adopt Resolution No. 1404 recommending City Council approval of Development Agreement No. 9. Motion was called for and MOTION CARRIED. SUBJECT: Commercial District Policy Review and discussion of draft. Staff initiated this item stating that the goal has been to involve the Planning Commission more before Public Hearing stage by reviewing drafts of materials and having the opportunity for informal discussion. ' In this case, the City Council initiated a General Plan Amendment and sent it to the Planning Commission. The City Council minutes and original version are included in the packet. It has been subsequently reviewed by both the Economic Development Committee and Environmental Quality Affairs Committee and their continents are included. However, since that time there have been a couple of studies done, Linda Congleton Retail Study and a variety of recent recommendations from the Economic Development Committee and a 15 Point Plan put forth by the City Council appointed Balboa Peninsula Planning Advisory Committee. On this basis staff revised the original Plan Amendment to reflect these findings. The City Council has given a high priority to upgrading the commercial districts which form the City's villages. To this end, the Land Use Plan has guidelines to control the intensity, character and traffic of commercial development. ' -35- 4 COMMISSIONERS X02 �9j�L �Ff CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX Delino then proceeded to expand on the commercial districts regarding importance, problems, revitalization, promise and potential. Guidelines for implementation, organization and financing, planning and building, public works were discussed in depth. These guidelines are incorporated in this draft of the Community Commercial Districts Policy to be used as reference in terms of future capital improvement programs. Staff stressed that this is a discussion draft of the policy. Pomeroy questioned number 6 regarding building codes to promote restoration of older commercial buildings. Some current codes will not be imposed on older buildings that are not practical because of older construction. Gifford asked how the historical building designation is obtained for older buildings. Staff answered that there is a City Council Policy that was adopted specifically for the old Jolly Roger Restaurant on Marine Avenue. Beyond that, there are state and federal guidelines. Any property owner can request the City Council to place the property on the list to qualify for the special provisions. The Council can not impose it without the consent of the property owner. The City Council has five categories, four of which are defined as qualifying for consideration by the building official for the State Historic Code. Ridgeway stated he would like to include somewhere in the general description of the Land Use Plan document reference to pedestrian interaction in all the villages. Also the entertainment industry should be present within the villages, these theaters would go along with the food industry. Discussion ensued with comparisons to other commercial industrial areas in Tustin and Delmar. Public Hearing was opened. Rush Hill, Chairman of City's Economic Development Committee - At their meeting this past week they had an opportunity to review this draft. The members of the committee are pleased to see this process continue. It is important for the Land Use and the General Plan to address the importance of the commercial districts. They are concerned with some ' -36- COMMISSIONERS s F� CITY OF NEWPORT BEACH •MINUTES August 24, 1995 ROLL CALL I INDEX of the language at this time and some important elements that are missing from this document that are very important to the needs of the commercial districts particularly the intent and concept of tenant mix. This document draft needs to be worked on and a special subcommittee has been established just for this purpose. This will be a positive document. The City Council needs to adopt a policy of redevelopment with the authority taking of land at fair market value or establishing an incentive program to promote the motivation for the types of changes that are necessary. They are receptive to working with the City Council and Planning Commission to these ends. Gifford asked Hill if the group had looked at issues addressing the multiple owner. Hilt said that they have not come up with specific issues but are looking towards the Linda Congleton Study as a base resource. Vacancy, according to Hill, is one of the strongest assets the City has for proactive dealing with tenant mix. The City needs to identify the source of vacancy within any business district then with a proactive approach address the issue of a stimulating tenant mix through aggressive recruitment. Thomson said that the anchor tenant is the ocean, the bay and the beaches. The other tenants make money because the anchor tenant is bringing other people in to the area. The answer may be in having a . consistent architectural flavor and pattern within the cottage type feeling within the different villages. Building owners could have a theme for a place of destination. Ridgeway suggested staff visit Del Mar to see how it has rejuvenated the tired beach city. We could use our assets of the beach and bay as a base. Of particular note are the restaurants and high -end shops with multi -level parking mixed with motels and lots of condominiums. It has created a vitality in Del Mar. 10 agreed with the Commission comments and stated further that in their language they refer to the personalities of the many villages we have and the importance of the combination of the effort of identification of the COMMISSIONERS 0- 4 CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX personality, of the specialty, of the tenant mix, of the parking program and parking needs and opportunities. All of these elements are part of what each of the individual commercial districts need. Not any one of these items by themselves is the answer, it is in fact a combination of all of these elements together and that is the path we need to pursue. This document is the beginning. Staff suggested two ways of implementation. One is zoning and that is what this document will address through the General Plan. The other is operations. That is achieved thru staff activities. Gifford expressed her support for this opportunity for discussion and interaction on this document before the time to vote on it. This reflects everything she is aware of that has come out of recommendations of various consultants and the thinking of specialized groups. The emphasis of the document on pedestrian orientation and outdoor orientation and quality ' aspect is important. The higher the quality of the commercial the less potential for conflict with residential. The language needs to be kept very positive. The sentiment of the Environmental Quality Affairs Committee to have high quality of residential and commercial compliment each other. She recommends that wording stressing the high quality of the City's residential areas to be reflective of the high quality of the commercial districts be included within the policy. Dolores Offing - asked for embellishment of the City reviewing its onsite vehicle parking requirements within community commercial districts and considering district -wide parking solutions. Also, the City shall, in the application of its codes and regulations, give special consideration to the needs of restaurants in recognition of the high level of benefits they provide to the local economy. She asked for this due to the pedestrian accident a couple of days ago on Coast Highway. Staff said that these are the types of issues that come back to the Commission every time they approve a restaurant. The Commission needs to look at the whole district rather than have everyone provide all their own parking. We ' -38- COMMISSIONERS • o�soyOC�9�� `�-� 4 CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX could have shared parking arrangements, assessment districts and/or variety of things. Public Hearing was closed. ■r• ADDITIONAL BUSINESS: a) City Council Follow -up - A verbal report by the Assistant City Manager regarding City Council actions related to Planning - Ordinance 95 -30 Pertaining to Outdoor Dining and Parking Standards for Restaurants amended to maximum up to 1,000 square feet rather than 500 square feet was approved; Losey Residence was approved, City Council denied appeal and supported the Commission and also approved two Avis Projects in airport area and initiated a zone change amendment for that entire planned community district. ' b.) Verbal report from Planning Commission's representative to the Economic Development Committee - no appointment made. c.) Verbal report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - no update, next meeting will be September 9, 1995. d.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Ridgeway asked for an inventory of land uses, especially commercial, residential population based information. Acreage and square footage information from census tract to be supplied. e.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. f.) Requests for excused absences - none. g.) Discussion of staff report format - none. ' -39- COMMISSIONERS i CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX ADJOURNMENT: 9:20 p.m. d'ournment MICHAEL KRANZLEY,SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -40-