Loading...
HomeMy WebLinkAbout09/06/19840 m n � � � c m m 0 A REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30. p.m. DATE: September 6, 1984 i City V, ( — fir O C D � 0 All Present. EX- OFFICIO MEMBERS PRESENT: I James D. Hewicker, Planning Director Robert H. Burnham, City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Patricia Temple, Environmental Coordinator Donald Webb, City Engineer Dee Edwards, Secretary F�l • I I I I I I I Staff recommended that Item No. 6, Use Permit No. 3113, be continued to the Planning, Commission Meeting of September 20, 1984. MINUTES INDEX Motion x Motion was made to continue this item to the Planning All Ayes x x x x Commission Meeting of September 20, 1984, which MOTION CARRIED. . A. Traffic Study (Continued Public Hearing) Item #1 Request to consider a traffic study so as to permit the Traffic construction of a multi -use Aquatic Center in the Study .Unclassified District. M B. Use Permit No. 3104 (Continued Public Hearing)' Use Permit Request to permit the construction of a multi -use No. 3104 Aquatic Center in the Unclassified District which includes indoor boat storage, an indoor exercise room, Both coordinator apartment, locker rooms, weight training Approved room, multi- purpose assembly room, boat workshop, and Condition- related off - street parking spaces.. The proposal also ally • includes a request to construct the proposed building at a height of 20 feet and the acceptance of an environmental document. COMANY)UNW5 m n x f �S m September 6, 1984 MINUTES City of Newport Beach ROLL CALL INDEX LOCATION: A portion of Lot 165, Irvine's Subdivision, located at 420 North Star Lane on the northerly side of North Star Lane, easterly of White Cliffs Drive, in Westcliff. ZONE: Unclassified APPLICANTS: City of Newport Beach and the Newport Beach Aquatic Center, Newport Beach OWNERS: City of Newport Beach and the County of Orange In response to questions posed by Commissioner Turner, Planning Director Hewicker indicated that the project could be constructed in phases and that the lease could be drafted to be consistent with various conditions placed on the use Permit. Mr. Hewicker also suggested . I I I I I I consideration of a longer approval than the standard 24 months in recognition of the many permits the applicant must secure prior to commencement of construction. The public hearing opened in connection with this item and Mr. Fred Talarico, 359 San Miguel, Newport Beach, representing the applicant, appeared before the Commission. Mr. Talarico stated that he and the applicants had met with the homeowners, Homeowners Associations, and the Parks, Beaches- & Recreation Commission to discuss the concerns that have been expressed to the applicants. Mr. Talarico noted that the Aquatic Center has received support from the Parks, Beaches, & Recreation Commission for the project. Additionally, he stated that the revised project meets all of the conditions of the Dover Shores Homeowners Association's Board of Directors, and that the Mariners Homeowners Association have stated they will not make any comments on the project. Mr. Talarico briefly described the proposed reduction of the project from 61,000 sq. ft. to 18,228 sq..ft., and 850 to 250 daily users. Also indicated was the concurrance of the applicant with all the findings and conditions of approval as outlined in the staff .report as well as the willingness to include a representative 2 COMMISSIONERS m n x f' v � • > > m ° m September 6, 1984 MINUTES City of Newport Beach ROLL CALL INDEX of the Dover Shores Homeowners Assoication on the Aquatic Center Board of Directors. Mr. Bill Whitford, 436 Hamilton, Costa Mesa, representative of the Newport Aquatic Center, presented information regarding . the number of participants utilizing the Harbor Area for human - powered boating activities. Mr. Whitford stated that during the summer months there is a considerable amount of activity and interest in outrigger canoeing and related programs. Mr. Whitford additionally stated that during the winter months the Harbor Area attracts many foreign visitors training for the Olympics and other athletes who utilize the weather and water. He said that there is presently a definite lack of storage for equipment, house facilities and programs, and that the revised project will provide a basic facility to accommodate existing programs. Mr. Robert E. Harris, 415 North Star Lane, Newport Beach, spoke in opposition to the Aquatic Center. Mr. • Harris indicated that the 18,000 sq. ft. facility being considered is larger than his conception of the proposal approved by the voters in Proposition O. Mr. Harris submitted a proposal to the Planning Commission recommending that a joint committee be established consisting of residents of Dover Shores, a City or County representative, and the applicant, establishing: 1) a compatible facility with the residential community, 2) an irrevocable covenant which will remain permanent as to any future change of physical facilities, 3) an absolute limit to the number of memberships, and 4) no activity would be, permitted that did not directly relate to man- propelled vehicles, 4) facilities similar to UCI and OCC. Mr. Peter Drummond, 1706 Antigua Way, Newport Beach, President of Dover Shores Homeowners Association addressed the Commission. Mr. Drummond briefly reviewed the Homeowners presentation at the July 19, 1984, Planning Commission meeting. He stated that the Homeowners Association has met with the City, Aquatic Center Planners,and Parks, Beaches and Recreation Commission, since the July 19, 1984 meeting, and he indicated that the revised project is more satisfactory to the Homeowners Association. However,.the homeowners I I ( I I I are still concerned about the traffic change near the Ifacility and the possibility of additional development occuring on North Star Beach in the future. Mr. 3 I VMMI»IVIVtFCJ September 6, 1984 m n x • > > m ° m City of Newport Beach Drummond suggested the following: 1) limit the facility to 18,000 square feet; 2) limit the activity and daily useage to 250 people per day; 3) limit the acreage to two acres or whatever is. appropriate to accomodate the revised plan; 4) leave the balance of the area in its pristine state for public use; 51 include a homeowner on the Aquatic Center Board; and 6) record an Agreement between the interested parties to maintain these limits and conditions. In response to a question posed by Commissioner Person, City Attorney Burnham indicated that the land site area leased for the facility is controlled by the City Council, but that a finding could be made stating that the size and configuration of the facility approved is the maximum considered consistent with the provisions of Proposition 0 by the Planning Commission. Mr. Burnham further recommended to the Commission imposition of an additional condition that the use of the facility be limited as ultimately defined by the lease, and that the applicant record a restrictive • covenant to limiting the use of the facilities. Imposition of a condition to that effect will require an amendment to the Use Permit if any additional construction or use is proposed in the future. Mrs. Pat Voss, 1219 Santiago Drive, Newport - Beach, spoke in opposition to the Aquatic Center stating that the resulting traffic hazards in a residential community were unacceptable. Mr. David Grant, 2205 Cliff Drive, Newport Beach, present rowing coach from Orange Coast College, spoke in favor of the Aquatic Center, explaining that there is a very active interest in rowing among people of all ages. Mr. Albert Brandli, 419 Evening Star Lane, Newport Beach, spoke in opposition to the Aquatic Center. Mr. Brandli felt that the facility would be used only by a special interest group and he expressed concern . about the number of boats moving in and out of the residential area as well as the lack of trailer storage space. I I ( I I I Mr. Bruce Severtson, Costa Mesa, a member of the U.S. • I National Rowing Team and a member of the 1980 and 1984 Olympic teams, spoke about the positive. impact of the 4 MINUTES INDEX COMMISSIONERS September 6, 1984 MINUTES m n � � � c � 3 � • City of Newport Beach ROLL CALL f I INDEX Aquatic Center in the area, and the need for a local training facility. Ms. Sheila Conover, 2949 Cliff Dr., Newport Beach, a member of the 1984 Olympic Canoe and Kayak Teams, related to the Commission the inconvenience of training at UCI; how the Aquatic Center will benefit all athletes interested in human -power craft, and how the programs will develop people of all ages. Mr. Brad Lewis, 505 Begonia Avenue, Corona del Mar, a member of the 1984 Olympic Team, stated that 9 Olympic Rowing Team members recently trained in the Harbor Area preparing for the Olympics. He told the Commission that there is a. big need for a training site, and a place to store and wash down boats. In response to a question posed by Commissioner Turner, Mr. Lewis estimated that approximately 25 -50 elite rowers are active in the Southern California area. • Mr. William Conover, 2249 Cliff Drive, Newport Beach, commented on how many athletes from all over the world were training for the 1984 Olympics in the Newport Harbor area and he feels the Aquatic Center would be a wonderful addition to the community. Mr. Marshall Stewart, 315 North Star Lane, Newport Beach spoke in opposition to the Aquatic Center. Mr. Stewart stated that the people using the facility would not be local citizens but would be people from outside of Newport Beach. He also stated that the facility will become commercial, and he is very concerned about the users parking on the street instead of inside the designated parking area. Mr. Tom Miller, 219 Agate Avenue, Balboa Island, spoke in .favor of the Aquatic Center. Mr. Miller emphasized the importance the Aquatic Center will have with the young people in the Newport Harbor Area, and stated that the facility will become a source of pride in the community in the future. Mrs. Barbara Whitford, 406 Snug Harbor Road, Newport Beach, a Newport Beach Recreation Department sailing instructor, spoke in favor of the Aquatic Center commenting that the human - powered craft training areas qF that were used many years ago have now disappeared and 5 • September 6, 1984 of Newport Beach feels that there is a need for a facility with public access for all people. Mrs. Jerry Holmes, 1146,Polaris Drive, Newport Beach, spoke in opposition to the Aquatic Center stating that she feels the residential area will become a commercial area and many parking problems will develop. Mr. Peter Drummond returned to speak to the Commission. He stated that the residents are not opposed to rowing or a rowing facility, but the homeowners would like to see the Aquatic Center moved to Shellmaker Island. He recommended that contacts be made at a higher level in the Fish and Game Department regarding the ecological reserve. In response to a question posed by Chairman Winburn, Mr. Drummond stated that the Homeowners Association would prefer the entire parking area be secured with a chain or gate by the Aquatic Center in accordance with the operating hours of the facility. In response to a questio Mr. Drummond indicated polled and that the facility, however, the traffic impact on the concern. n posed by Commissioner Turner, that the homeowners had been majority favor the smaller residents still consider the community to be of primary Mr. Fred Talarico summarized the position of the applicant by indicating a commitment to a maximum 18,228 sq. ft, facility with 250 daily users. Additionally, the applicants agree to any covenant, restriction or binding which the City makes in this regard. Mr. Talarico further indicated the applicants intent to lease only that section of the site occupied by the Aquatic Center and parking lot. In response to a question by Commissioner Winburn, Mr. Talarico stated that there are, presently five outrigger canoe clubs in the Harbor Area. These clubs store their boats on beaches scattered throughout the bay and that the Harbor Department area is presently leased on a month -to -month basis for outrigger canoe storage: In response to a question posed by Commissioner Turner, Environmental Coordinator Temple stated that the . analysis contained in the staff report was based on data provided by the applicant and assumed a maximum of 0 MINUTES INDEX L e` x a Er • September 6, 1984 of Newport Beach feels that there is a need for a facility with public access for all people. Mrs. Jerry Holmes, 1146,Polaris Drive, Newport Beach, spoke in opposition to the Aquatic Center stating that she feels the residential area will become a commercial area and many parking problems will develop. Mr. Peter Drummond returned to speak to the Commission. He stated that the residents are not opposed to rowing or a rowing facility, but the homeowners would like to see the Aquatic Center moved to Shellmaker Island. He recommended that contacts be made at a higher level in the Fish and Game Department regarding the ecological reserve. In response to a question posed by Chairman Winburn, Mr. Drummond stated that the Homeowners Association would prefer the entire parking area be secured with a chain or gate by the Aquatic Center in accordance with the operating hours of the facility. In response to a questio Mr. Drummond indicated polled and that the facility, however, the traffic impact on the concern. n posed by Commissioner Turner, that the homeowners had been majority favor the smaller residents still consider the community to be of primary Mr. Fred Talarico summarized the position of the applicant by indicating a commitment to a maximum 18,228 sq. ft, facility with 250 daily users. Additionally, the applicants agree to any covenant, restriction or binding which the City makes in this regard. Mr. Talarico further indicated the applicants intent to lease only that section of the site occupied by the Aquatic Center and parking lot. In response to a question by Commissioner Winburn, Mr. Talarico stated that there are, presently five outrigger canoe clubs in the Harbor Area. These clubs store their boats on beaches scattered throughout the bay and that the Harbor Department area is presently leased on a month -to -month basis for outrigger canoe storage: In response to a question posed by Commissioner Turner, Environmental Coordinator Temple stated that the . analysis contained in the staff report was based on data provided by the applicant and assumed a maximum of 0 MINUTES INDEX COMMISSIONERS M n x f z , v � • C M September 6, 1984 MINUTES City of Newport Beach ROLL CALL INDEX 250 daily users for both the Aquatic Center programs and Parks, Beaches, and Recreation Department programs. Planning.Commission Chairman Winburn closed the public hearing at this time. Commissioner Turner questioned if the curve from Polaris Drive going into the facility could be expanded because of the potential difficulty of a boat trailer traveling through that area. City Engineer Webb indicated that there is probably not enough extra room to expand the curve. Mr.Webb further stated that the existing street configuration should be adequate, and that the potential volume of trailer traffic would not warrant any major modifications. However, Mr. Webb commented that a test could be made by taking a boat trailer down to that area and if needed, it is possible that modifications could be made to make the area safer. Planning Commissioner Turner stated that he had supported Proposition O with the understanding that it was going to be a boat facility used mainly for the • youth in the area, commenting that at that time he did not realize what the traffic or what the impact would have on the area. He further stated that he believes the facility is still larger than what Proposition 0 intended; that there is insufficient documentation of the need for this facility and that there is a definite Motion x problem of access. Commissioner Turner then made a motion to deny Use Permit No. 3104. Commissioner Person stated he would not support the motion. Commissioner Person further stated that he was opposed to the 61,000 sq. ft facility but the revised project has been scaled down to an acceptable level and he believes the Planning Commission has the ability to condition this application so that the facility will not be over -used. Commissioner Person cited that 678 of the voters favored the facility in 1982, and that the majority of the local homeowners are in favor of the scaled -down version of the project. Substitute A substitute motion was made to approve Use Permit No. Motion x 3104 subject to the.findings and conditions contained in Exhibit "A" with the following additions, and changes: add Finding No. 8 as follows: "That the size and use of the Aquatic Center as approved by this Use • Permit represents the full extent of the authority granted to the City pursuant to the approval of Proposition 0 in 1982 ", Amend Condition No. 32 from 24 7 COMMIS5IUNERS September 61 1984 MINUTES m n x a � • m m City of Newport Beach ROLL CALL INDEX months to 36 months; Amend Condition No. 62 allowing for the Dover Shores Homeowners Association on the Aquatic Center's Board of Directors; Add Condition No. 63 as .follows: The applicant shall record a restrictive covenant limiting use of the facility to that allowed by the terms' of the lease as executed by the City Council "; In addition to the action on Use Permit 3104, the Planning Commission recommends to the City Council that no more land than is necessary to accommodate the building and parking lot should be leased to the applicant. Commissioner Kurlander motioned to amend Condition No. 15 requiring all parking spaces to be secured by a chain or gate in accordance with the operating hours of the Aquatic Center. Commission Person accepted the amendment. Commissioner Goff stated that the site could accommodate approximately 55 dwelling units if developed at 6 dwelling units per acre. In this case, the traffic and parking impacts would be significantly higher lthan the proposed project. He, therefore, • 1 1 1 1 1 1 1 1 indicated his support of the substitute motion. Planning Commission Chairman Winburn stated she will support the substitute motion, further stating that she would like to see the beach remain open for public use. She also indicated her support for a recommendation to the City Council that the lease is only to cover that portion of the beach occupied by the building and parking lot. Ayes x x x Commissioner Person's substitute motion to accept the Noes Environmental Document and approve the.Traffic Study and Use Permit No. 3104 was voted on which MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT Accept the Environmental Document with the findings listed below: Findings: I I I I 1. That an Initial Study and Negative Declaration have been .prepared in compliance with the • I I ( I I I California Environmental Quality Act,, and that their contents have been considered in the de- cisions on this project. 8 COMMISSIONERS September 6, 1984 MINUTES m n x c � • > > m ° m City of Newport Beach ROLL CALL INDEX 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce poten- tially significant environmental effects, and that the project will not result in significant en- vironmental impacts. B. TRAFFIC STUDY Approve the Traffic Study with the findings listed below: Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the 'proj- • ect- generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of the critical intersections, but will add not to an unsatisfac- tory level of traffic service at. any critical intersection, which will have an Intersection Capacity Utilization of less then .90. C. USE PERMIT N0. 3104 Approve Use Permit No. 3104 with the findings and subject to the conditions listed below: FINDINGS 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 the establishment of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working • I I I I I ( I in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare E] LUMM155KJNtKS September 6, 1984 MINUTES m n x • O � Z M ° m City of Newport Beach ROLL CALL INDEX of the City, and further that the proposed project in terms of use, height, building floor area and setbacks is consistent with the legislative intent of Title 20 of.the Municipal Code. 3. Adequate off- street parking and related vehicular circulation are being provided in conjunction with the proposed development. 4. The development will provide for both public physical and visual access to the bay. 5. That the height of the structure is consistent with the proposed use and will not adversely affect any public view. 6. That the project is generally consistent with the ballot measure approved by the electors in June, 1982 allowing the lease of North Star Beach for an Aquatic Center. . 7. That the design of the subdivision or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivi- sion. S. That the size and use of the Aquatic Center as approved by this Use Permit represents the full extent of the authority granted to the City pursuant to the approval of Proposition 0 in 1982. CONDITIONS 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except as noted below.. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard use permit agreement and accompa- nying surety .be provided if it is desired to obtain a building permit prior to completion of the public improvements. I I I j I I I 4. That the on -site parking, vehicular circulation 1! and pedestrian circulation systems. be subject to further review by the Traffic Engineer. 10 C.0MM65UNEK5 September 6; 1984 MINUTES m n x v � • m m City of Newport Beach ROLL CALL INDEX 5.. That the design of the private drives conform with the City's Private Street Policy (L -4), except as approved by the Public works Department. The location, width, configuration, and concept of the private drive system shall be subject to further review and approval by the City Traffic Engineer. 6. That the intersection of the public street and proposed drive be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance require- ments. Landscaping within the sight distance line shall not exceed twenty -four (24) inches in height. The sight distance requirements may be approximately modified at non - critical locations, subject to approval of the Traffic Engineer. 7. Handicap parking shall be provided to meet code and shall be marked in a manner acceptable to the Traffic Engineer. • 8. That a hydrology and hydraulic study be prepared and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any grading or building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required shall be the responsibility of the developer. 9. That a legal description of the subject property be prepared and approved by the Planning Depart- ment, Building Department and Public Works Depart- ment prior to issuance of any grading or building permit. 10. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. phase the installation of landscaping with the proposed construction schedule. Prior to 11 11. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to 11 COMMISSIONERS September 6, 1984 MINUTES m � x � � c m T m m City of Newport Beach ROLL CALL 71 1 1 1 1 INDEX occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the.approved plan. . 12. The landscape plan shall be subject to the review of the Public Works Department, the Parks', Beaches and Recreation Department, and the approval of the Planning Department. - 13. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 14. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. I I I I I I I I 15. That a minimum of 63 parking spaces be provided for the proposed development. These parking spaces • shall be secured by a chain or gate at the entrance on North Star Lane in accordance with the operating hours of the Aquatic Center. 16. That all employees shall park their vehicles on -site. 17. If a parking area for the storage of boat trailers is provided, this parking shall be in addition to the 63 parking spaces required by the project. 18. That the maximum height of the building not exceed 20 feet. 19. That the specific use and function of the facility be subject to further review and approval of the City as part of the ground lease and required Facilities Management Plan. 20. The hours of operation will be limited to 6 :00 a.m. to 10:00 p.m. daily, and that no outdoor programs will be offered after the hour, of 7:00 p.m. Only advanced training activities are permitted between 6:00 a.m. and 7:00 a.m. • I I I I I l 21. That no new boat fabrication will occur on -site. 12 COMMISSIONERSI September 6, 1984 MINUTES m n x v � m ° m City of Newport Beach ROLL CALL I IINDEX 22. Trailering of boats to or from the site shall occur only between the hours of 9:00 a.m. and 4:00 p.m. 23. No overnight accommodations will be provided on -site, other than the coordinator apartment. 24. The on -site coordinator staff shall be subject to the approval of the Parks, Beaches and Recreation Department. A member of the on -site coordinator staff shall be on the premises at all times. The coordinator shall have the authority to restrict use of the facility to individuals with motor vehicles which are in conformance with the Motor Vehicle Code. 25. The weight training facilities will be used by aquatic program participants, and will not be available for independent weight training pro- grams. • 1 1 1 11 26. Outdoor boat storage shall be limited to seasonal storage of outrigger canoes. 27. Parking lot lighting shall be designed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared by a licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion this requirement has been met. 28. That the parking lot shall he secured by gates as shown on the approved site plan. The gates shall be locked.no later than 10:30 p.m. 29. The parking lot lighting shall be turned off no later than 10:30 p.m. on any day, and timing devices shall be installed and maintained to ensure that the lights are turned of at 10:30 p.m. 30. No outdoor public address system shall be permitted. 31. Restrooms shall be made available to members of the general public during the center's hours of • operation. 13 COMMISSIONERS September 6, 1984 m x 9 3 City Of Newport Beach 32. This use permit shall expire unless exercised within 36 months from the date of approval. 33. Construction of the project may be phased so long as no part of the facility is constructed prior to the boat storage facility. 34. That the Planning Commission may add /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 35. Construction of the bulkhead is subject to ap- proval of a Harbor Permit, and is also subject to the approval of the County of Orange, Harbor, Beaches and Parks Department. • 36. That an engineering study be prepared to determine the appropriate design for the bay frontage. Bulkheads, rock revetments, or other facilities recommended by the study shall be constructed to adequately protect the onsite improvements. Newport Aquatic Center shall agree to construct, maintain, and repair the bayside facilities. The City or other public agencies shall have no responsibility to provide repairs to facilities flooded or damaged by erosion from the bay and adjacent drainage course, or to otherwise protect the improvements constructed on the site. 37. The project shall comply with the Uniform Building Code and all local Amendments, and the City's seismic design standards. 38. The project shall comply with the- State regu- lations for the handicapped. 39. Construction shall meet the requirements.of Title 19 and 24 of the C.A.C. 40. Access to the service road circling the aquatic • complex shall be controlled by the means of.a gate or other features to prevent use by the general public. 14 MINUTES INDEX MMbA_)NLK5 September 6, 1984 m n x � S S v m m City of Newport Beach 41. Prior to the issuance of Building Permits, a National Pollutant Discharge Elimination (NPDES) Permit shall be obtained from the Santa Ana Regional Water Quality Control Board if any discharges to the Bay are anticipated either during construction or subsequent operation of the facility. 42. Prior to issuance of Building Permits, an Army Corps of Engineers Permit shall be obtained to allow construction of the proposed bulkhead and docking facilities. 43. Residents should be provided with a point of contact with the Newport Aquatic Center manage- ment, to handle complaints of noisy vehicles in the parking lot or on local streets. 44. All mechanical equipment and trash areas shall be screened from public streets, alleys, or adjoining properties. • 45. Exterior lighting shall be approved by the Plan- ning Department. 46. Development of the site may be subject to a grading permit to be approved by the Building and Planning Department. 47. A grading plan will include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 48. The grading permit will include a description of haul routes, access points to the site, and watering and sweeping programs designed to mini- mize impacts of grading and haul operations. 49. An erosion, siltation, and dust control plan shall be submitted and be subject to approval by the Building Department and a copy will be forwarded to the California Regional wAter Quality Control Board, Santa Ana Region. 50. Grading shall be conducted in accordance with • plans prepared by a civil engineer and based on recommendations of a soils engineer and an engi- neering geologist subsequent to completion of a 15 .MINUTES INDEX September 6, 1984 m n x c Is m M ° m City of Newport Beach comprehensive soils and geologic investigation of the site. Permanent reproduction copies of the "Approved as Built" grading plans on standard -size sheets shall be furnished to the Building Depart- ment. 51. The Fire Department shall review design plans to ensure adequate access and emergency exists. 52. The provision of adequate fire flow shall be reviewed by the Fire Department. 53. Structures shall be equipped with fire suppression systems as required by Code. 54. Final design of the project shall provide for the incorporation of water - saving devices for lavatories and other water -using facilities. 55. All onsite drainage shall be approved by the City Public Works Department. • 56. A weekly cleanup program around the project site shall be conducted on a regular basis. During construction, basins or other devices shall be installed to prevent waste from entering Newport Bay. 57. Prior to the issuance of building permits, a comprehensive soils and foundation study will be prepared and approved by the Planning and Building Departments of the City of Newport Beach. 58. Should any archaeological resources be uncovered during excavation /construction, a qualified archaeologist or paleontologist shall.evaluate the site prior to completion of construction activ- ities, and all work on the site shall be done in accordance with the City Council Policies and K -5 and K -6. 59. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said structures shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of the qualified acoustical engineer and approved by the Building Department. 16 MINUTES September 6, 1984 MINUTES m � x :E c m 3 ° m City of Neport Beach nr ROLL CALL I I I I I I I INDEX • 40 60. All construction activities will be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 5:00 p.m. Saturday and Sunday. 61. Use of the site shall be limited to a maximum of 250 persons per day. 62. The Dover Shores Community Association shall be allowed to elect a representative to the Aquatic Center Board of Directors. 63. The applicant shall record a restrictive covenant limiting use of the facility to that allowed by the terms of the lease as executed by City Council. The Planning Commission recessed at 9:15 p.m. and reconvened at 9:30 p.m. � x Use Permit No. 3106 (Continued Public Hearing) Request to permit the establishment of a retail art gallery /studio on property located in the M -1 District. Item No.2 Permi LOCATION: Lots 6 and 7, Block 328, Lancaster's Addition, located Approved at 2912 Layfayette Avenue, on the Condition - easterly side of Layfayette Avenue, ally between 29th Street and 30th Street, in Cannery Village. ZONE: M -1 APPLICANT: Paul Blain Henrie, Newport Beach OWNER: Loma Linda University, Loma Linda Mr. William Laycock, Current Planning Administrator, advised that the Planning Staff has recommended. that the following two conditions be added if the Planning Commission desires to approve this Use Permit. Condition No. 5: "That the second floor areas shall only be used by the artist or the gallery manager for a studio, office, or storage purposes ", and Condition No. 17 MMISSIONERS September 6, 1984 S. m n � � � c m T m ° m City of Newport Beach 6:. "That the Planning Commission may add, and or modify, conditions of approval of the Use Permit or recommend to the City Council a revocation of this Use Permit upon determination of the operation which is the subject of this Use Permit if it causes injury or is detrimental to the health, safety or welfare of the community." Planning Director James Hewicker suggested that Condition No. 7 also be added to Exhibit "A ", as follows: "No portion of the premises shall be sublet by the applicant without an amendment to the Use Permit." Commissioner Person asked Mr. Hewicker if the premises consisted of the total area or the two lots leased by the applicant. Mr. Hewicker replied that the recommended condition provides that no portion of the exterior or the interior of the building on the two lots leased by the applicant could be sublet by the tenant without the requirement that the Use Permit be amended, further explaining that this Use Permit is for Paul Blain Henrie and no other parties. Commissioner • Turner asked Mr. Hewicker if Mr. Henrie did sublet to a tenant, would the tenant have to apply for a Use Permit. Mr. Hewicker advised that a permit would not be necessary. However, there is a concern by the Planning Staff and the Planning Commission that a space within the existing building could be sublet to another tenant because of the way the interior of the building has been divided. The public hearing was opened in connection with this item and Mr. Russ Fluter, Cannery Village, appeared on behalf of the applicant. Mr. Fluter stated that Mr. Henrie is complying with the City requirements . and that Mr. Henrie agrees to the additional conditions to the Staff Report, and adding that Mr. Henrie's temporary gallery will be a benefit to the community. Planning Director Hewicker queried Mr. Fluter if Mr. Henrie is aware that permits must be applied from the Coastal Commission, and Mr. Fluter replied that Mr. Henrie has been advised of same. The applicant, Mr. .Paul Blain Henrie, advised the Commission that he would like to clarify the concern regarding the upstairs room in the rear of the proposed gallery where the area was divided into four rooms. • Mr. Henrie advised the Planning Commission that he had been told by various people in the area, that several days a year the water from the bay rises 18" above 18 MINUTES INDEX COMMISSIONERS m n x � � c V � September 6, 1984. MINUTES City of Newport Beach ROLL CALL INDEX Lafayette Avenue, and therefore, he converted one upstairs room into an office and the other three rooms are for the storage of paper, bronzes, terra cottas, antiques, art nouveau, and art deco. Mr. Henrie explained to the Commission that he has had difficulties with his electrical contractor and that he has recently submitted plans to the Building Department in compliance with the Building Code requirements. In summary, Mr. Henrie emphasized to the Commission that the gallery is only a temporary facility he will be leasing for 1 year, 8 months and he does not intend to create any problems. Commissioner Turner asked if the second floor was going to be used only for office and storage space and Mr. Laycock explained that there would also be a work area on the second floor. Mr. Hewicker responded to a question posed by Commissioner Turner and stated that this development is not an incentive use but a use that is permitted under the City's Zoning Ordinance.. Commissioner Turner commented that it was his understanding that the purpose of Finding No. 2 was • that the temporary use of the site would enable the property owner to maintain the existing structure while they find a marine- oriented use for the property. Mr. Hewicker clarified the finding by stating that maintaining the existing structure would thereby preserve the marine theme and character of the site. City Attorney Burnham suggested that Finding No. 2 be expanded to include that the proposed temporary use in the existing building will preserve the marine theme and character of the site while the property owner attempts to find a permanent marine- oriented use,on the property. Planning Commission - Chairman Winburn announced the public hearing closed. Motion x A motion was made that Use Permit No. 3108 be approved with the added Conditions Nos. 5 and 6, and 7, with Condition No. 4 be modified as follows: "That approval of this Use Permit shall be valid for one year from date of final action by the State Coastal Commission, at which time the Use Permit shall expire, and that the gallery shall not operate between the time of the Planning Commission's approval and the approval by.the Coastal'Commission ". Commissioner Person commented that • he was reluctant to make this motion because Mr. Henrie made building improvements without applying for any 19 COMMISSIONERS1 September 6, 1984 m v � m ° m City of Newport Beach MINUTES ROLL CALL I 1 1 1 1 1 1 1 I INDEX City permits and Mr. Henrie's total disregard of the City laws; Commissioner Person also added that maybe once or twice a year the water from the bay comes up to the street level. Substitute [ I x I x I I Ix Ix I Substitute motion was made that Condition No.4 shall Motion remain the same as stated in the Staff Report which Ayes x x MOTION CARRIED. FINDINGS: 1. That although the proposal is inconsistent with the long -term goals of the Local Coastal Program, Land Use Plan, the art gallery /studio is interim in nature and will ultimately be replaced with a use which conforms with the Local Coastal Program. 2. That the temporary use in the existing building will preserve the marine theme and character of the site while the property owner attempts to find a permanent marine- oriented use on the property. • 3. That the proposed use is compatible with surrounding land uses. 4. The approval of Use Permit No. 3108 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. 5. That the proposed use will not generate an increased,demand for parking in the area. CONDITIONS 1. That development shall be in substantial conformance with the approved plot. plan, floor plan, and elevations, except as noted below. 2. That all signs shall be in conformance with the provisions of Chapter 20.06 of the Municipal Code. I I I I I I I I 3. That a Harbor Permit be obtained for any • construction bayward of the bulkhead line. m COMMISSIONERS September 6, 1984 m � � c m m ° m City of Newport Beach MINUTES ROLL CALL 1 1 1 1 1 1 1 1 I INDEX 1 4. That approval of this use permit shall be valid for two years. Any extensions shall be approved by the Planning Commission. 5. That the second floor areas shall only be used by the artist or the gallery manager for a studio, office, or storage purposes. 6. That the Planning Commission may add or modify conditions of approval of the use permit or recommend to the City Council a 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 or welfare of the community. 7. No portion of the premises shall be sublet by the applicant without an amendment to the use permit. • Development Agreement No. 2 (Continued Public Hearing) Request to consider a Development Agreement between the City of Newport Beach and the Irvine Company so as to allow the construction of 888 residential dwelling units and 50,000 square feet of commercial development in the North Ford Planned Community and 295,000 square feet of office development in the Koll Center Newport Planned Community. LOCATION: Property generally located northerly of Camelback Street and Bison Avenue,. between Jamboree Road and MacArthur .Boulevard, in the North Ford Planned Community; and property located on the easterly side of MacArthur Boulevard between Campus Drive and Birch Street in "Office Site C" of the Koll Center Newport Planned Community. ZONE: P -C APPLICANT: The Irvine Company OWNER: Same as applicant • Planning Commissioner Goff stated that he had comments and questions in regard to the Agreement, as follows: 21 Item #3 Develop- ment Agreement No. 2 Continued to Sept. 20, 1984 COMMISSIONERS September 6, 1984 m � x f � . v � m City of Newport Beach MINUTES ROLLCALLI 111 1 1 INDEX 1) Will the fire station site be on the 12 acre park site? Mr. Hewicker replied yes. Commissioner Goff then stated the park site will be less than 12 acres. . 2) Referring to the September 22, 1983, minutes, Commissioner Goff queried about the Pelican Hills Road project. The Planning Staff replied that since that time, modifications have been made to the project and, therefore, the mitigation measure relating to Pelican Hills Road is no longer applicable. 3) Page 6 of the Agreement (a) 1. should read 880 residential units instead of 881 residential units. Staff confirmed same. 4) Commissioner Goff asked the Planning Staff to explain Page 8 of the Agreement, "Company has, under this threat of condemnation, agreed to sell this parcel to City. In consideration of City's commitment to reconvey the parcel to Company for a nominal . consideration Company has also agreed to construct, on the parcel, 50 dwelling units affordable to persons or families of low income as defined by HUD." Mr. Robert Lenard, Advance Planning Administrator, clarified to the Commission that the Company has agreed to sell the Parcel to the City for $1,000,000., and the City has agreed to reconvey the parcel to the Company for $1.00. The Agreement sets out basically the terms of the reconveyance. The Company is to construct on that Parcel, 50 units which are affordable to persons or families of "lower income" as defined by HUD which is lower than the term "low income" using the. other definition in the Agreement. The Agreement calls for the Company to construct a total of 98 units on that property to comply with HUD regulations, and the units are to remain affordable for a period of 10 years. Dr. Tarantello, the City's Economic consultant, is of the opinion that the City is getting about $1.3 Million in current value for the difference in rents from that which the Company would be able to charge if. these units were not constrained by this Agreement. Commissioner Goff asked if the 48 units are going to be affordable to low- income persons defined by HUD or will they be market rate? Mr. Lenard replied • that the Irvine Company will make that decision. The Irvine 'Company does have to construct 222 total affordable units. The 50 dwelling units that will be 22 COMMISSIONERS September 6, 1984 MINUTES m n � � � c m v o • > > m � � m City of Newport- Beach ROLL CALL INDEX affordable to persons of "low income" on this parcel are to be subtracted from the obligation of the Irvine Company to provide 178 median income units. This will not eliminate the obligation to provide the 44 low income units; this will be in addition to that requirement and it will reduce the Company's obligation to provide the 178 "median income units ", instead of having 44 low income units you are really providing 94 low income units, the remainder being affordable to persons of "median "income. 5) Commissioner Goff commented that he disagrees with the last sentence, Paragraph 7, page 10, of the Agreement, "Company will have an obligation to qualify the first buyer for each unit, but no resale restrictions will be imposed and Company will have no obligation to qualify subsequent purchasers." City Attorney Robert Burnham stated the City required resale restrictions on the last phase of the Belcourt project which were imposed through restricted • covenants] however, the price of the market rate units in this project will not be that much different from the price controlled units so the resale restrictions may not be as significant as they would be under different circumstances. 6) Commissioner Goff referred to page 29, of the Agreement wherein it is stated 222 affordable units exceeds the number of units that would be required for this project, commenting that he did not believe that this.was the Commissions intent one year ago. Mr. Lenard responded to the statement by referring to the staff report Addendum,. "Affordable Housing Requirements -Irvine Company Projects," wherein the Irvine Company is providing the City with more than 21% affordable housing citywide. In addition, the City Council and Planning Commission will have the discretion of determining what the ultimate affordable housing requirement would be on all future residential projects. 7) Commissioner Goff and Director Hewicker briefly discussed the height limitation of the residential portion of North Ford. • The public hearing was opened with this item and Mr. Brad Olson, a representative of the Irvine Company 23 COMMISSIONERS September 6, 1964 MINUTES m n x � � c m 9 � � • m City of Newport Beach ROLL CALL 7T= I INDEX Motion All Ayes • • addressed the Commission and requested more time to review the Documents. Motion was made by Commissioner Person to continue this item until September 20, 1984, commenting that he was concerned about the statement in the Agreement (page 18), "City and Company shall meet and confer, in good faith, to agree on a fee, to be paid by Company," and Mr. Person posed a question as to how you agree to a fee? Mr. Burnham responded that this section would be clarified. Planning Commission Chairman Winburn referred to page 33 of the Agreement, paragraph g, stating she would like to have the paragraph expanded to include Circulation Improvements. Staff responded that they x x x concurred and would make the necessary changes. MOTION CARRIED. Resubdivision No. 786 (Continued Public Hearing) Request to resubdivide two existing parcels of land into two parcels for general office purposes, one parcel for office development and related parking, and one parcel for common ancillary surface parking and structure parking. LOCATION: Parcels No. 1 and 2 of Parcel Map 120 -44 -45 (Resubdivision No. 635), located at 4655 Birch Street, on the northeasterly corner of Birch Street and MacArthur Boulevard, in the Koll Center Newport Planned Community. ZONE: P -C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER: Williamson and Schmid, Civil Engineers, Irvine The public hearing was opened in connection with this item, and Mr. Dave Dmohowski, representing the Irvine 24 Item #4 Resubdivi- sion #786 Continued to Sept. 20, 1984 COMMISSIONERS September 6, 1984 MINUTES m n � `G O � • 3 m ° m City of Newport Beach ROLL CALL INDEX Company, addressed the Planning Commission stating that The Irvine Company agrees with the findings and conditions of Approval recommended in the Staff Report. The Planning Commission, Planning Staff, and the Irvine Company agreed that action on this item should be taken after the Commission recommends the approval of Development Agreement No. 2. Motion x Motion was, therefore, made to continue this item to All Ayes x x x x x X the Planning Commission meeting of September 20, 1984, which MOTION CARRIED. Use Permit No. 1797 (Amended) (Public Hearing) Item #5 Request to change the operational characteristics of an existing take -out restaurant (Der Wienerschnitzel) so Use Permit #1797 as to allow on -sale beer and wine in conjunction with the restaurant use. • LOCATION: Parcel No. 2 of Parcel Map 108 -27 Approved (Resubdivision No. 557), located at 4501 Condition - ally Jamboree Road, on the northwesterly side of Jamboree Road, between Birch Street and MacArthur Boulevard, in the Koll Center Newport Planned Community. ZONE: P -C APPLICANT: Der Wienerschnitzel International, Inc., Newport Beach OWNERS: Thomas H. and Lynn K. Wooldridge, .Templeton • The public hearing was opened in connection with this item, and Mr. 'John Harvey, Director of Development, Der Wienerschnitzel, appeared before the Planning Commission. Mr. Harvey agreed with the findings and conditions in the Staff Report with the exception that the restaurant will only be selling beer, and not wine. Mr. Laycock explained that beer and wine are under the same license from the Alcoholic Beverage Control Department. 25 COMMISSIONERS September 6, 1984 m n R � � c m v � • > > m ° m City of Newport Beach Motion Motion was made for approval of Use Permit No. 1797 All Ayes x x x x (Amended) , subject to the findings and conditions of Exhibit "A ", which MOTION CARRIED. FINDINGS 1. That the subject restaurant is consistent with the General Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the proposed change in the operational characteristics of the existing restaurant so as to include the service of beer and wine as an incidental use, will not increase the parking demand of the restaurant. 4. Adequate off - street parking spaces and traffic circulation are being provided for the proposed • development. 5. The Police Department has indicated that they do not contemplate any problems. 6. The approval of Use Permit No. 1797 (Amended) will not, under the circumstances of this. case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. That all applicable conditions of approval of the original Use Permit No. 1797 and 1797 (Amended) shall be maintained. 3. That the serving of beer and wine shall be inci- dental to the primary function of providing food service. • 4. That no off -sale beer and wine shall be permitted in conjunction with the subject restaurant. 26 MINUTES INDEX 6. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090,A of the Newport Beach Municipal Code. • • x Use Permit No. 3113 (Public Hearing) Request to permit the establishment of a restaurant with on -sale alcoholic beverages on property located in • the C -1 -H District. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem and compact parking spaces in conjunction with a valet parking service. • LOCATION: Parcel No. 1, Parcel Map 71 -18 (Resubdivision No. 478), located at 1000 West Coast Highway, on the northerly side of West Coast Highway, across from the Bayshores Residential Community. ZONE: C -1 -H APPLICANT: Jack Chen, Los Angeles OWNER: Dr. Edward Deeb, Toluca Lake Motion was made to continue this item to the Planning Commission meeting of September 20, 1984, which MOTION CARRIED. - 27 item #6 Continued to Sept. 2.0, 1984 COMMISSIONERS September 6, 1984 MINUTES M � x � • � m c v � > > m ° m City of Newport Beach ROLL CALL INDEX 5.. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 6. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090,A of the Newport Beach Municipal Code. • • x Use Permit No. 3113 (Public Hearing) Request to permit the establishment of a restaurant with on -sale alcoholic beverages on property located in • the C -1 -H District. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem and compact parking spaces in conjunction with a valet parking service. • LOCATION: Parcel No. 1, Parcel Map 71 -18 (Resubdivision No. 478), located at 1000 West Coast Highway, on the northerly side of West Coast Highway, across from the Bayshores Residential Community. ZONE: C -1 -H APPLICANT: Jack Chen, Los Angeles OWNER: Dr. Edward Deeb, Toluca Lake Motion was made to continue this item to the Planning Commission meeting of September 20, 1984, which MOTION CARRIED. - 27 item #6 Continued to Sept. 2.0, 1984 m n � m 9 3 � i }' (fir c o 7c City VI >m� O oo� m September 6, 1984 Beach A.D D I T I 0 N A L B U S I N E S S: Restaurant Ordinance Planning Director Hewicker informed the Commission that the City Council will be requesting the Commission to recommend a draft ordinance in conjunction with the closing hours of operations of restaurants adjacent to residential districts. Fortune Telling Revisions Planning Director Hewicker informed the Commission that the City Council has directed the Planning Commission to recommend revisions to the Municipal Code pertaining to fortune - telling operations in the City. Development Agreement No. 2 Study Session • Commissioner Goff suggested that the Commission review Development Agreement No. 2 at a Study Session in the afternoon on September 20, 1984. City Attorney Burnham informed the Commission that the public hearing for this matter had already been continued to the evening Planning Commission meeting of September 20, 1984, and therefore, could not be discussed until that time. • There being no further business, the Planning Commission adjourned at 10:32 p.m. JOHN KURLANDER, SECRETARY Newport Beach City Planning Commission 28 MINUTES INDEX