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HomeMy WebLinkAbout11/09/1995COMMISSIONERS CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: �1o0verW -9, 1995 DATE: MINUTES ROLL INDEX CALL Commissioner Gifford was absent, all other Commissioners present. * ** EX- OFFICIO OFFICERS PRESENT: Robin Clauson, Assistant City Attorney Kenneth J. Delino, Assistant City Manager, Planning and Building Patricia Temple, Planning Manager Rich Edmonton, Traffic Engineer Ginger Varin, Executive Secretary * ** • Minutes of October 19. 1995: Minutes 10/19/95 Mr. Jay Garcia addressed the Commission and asked for clarification of single lot condition of the Unocal Permit imposed by Commissioner Selich. It was determined that the intent was to include the staff recommended alternate condition and reincorporate the findings and conditions of the Lot line Motion * Adjustment No. 95 -10. Motion was made and voted on to approve as amended and clarified, the October 19, 1995 Absent Planning, Commission Minutes. MOTION CARRIED. 1 Ayes * * * * * * Absent, 1 Abstention and 5 Ayes - * ** Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. * ** • >f COMMISSIONERS L 4 �s9, o N', 50,xlW MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Pos g of�en-&: Posting. of Agenda Ms. Temple stated that the Planning Commission Agenda was posted on Friday, November 3, 1995, in front of City Hall. SUBJECT: Community Commercial District Policy. Item 1 • General Plan Amendment 9&1(C) GPA: ss -1 (c and • Local Coastal Program Amendment No. 43 LCPA 43 Amend the General Plan Land Use Element and the Local Coastal Program, Approved Land Use Plan to establish a policy to encourage revitalization of the City's village shopping areas. Mr. Delano stated that when the Commission last looked at this issue, they asked for extraordinary public notices. As a result, copies of the entire Planning Commission packet were sent to every community association Additionally, Phone contact was made to three of the major associations, the Central Balboa Residents Association, the Corona del Mar Residents Association and the Balboa Peninsula Point Association. Their its contributed minor comments and two of than are in the audience tonight. There were very few comments from the other Associations. Photo boards depicting revitalization efforts of other cities were introduced. These revitalization efforts are based upon the same guidelines and implementation measures as are in the packet tonight. Commissioner Adams asked staff about item 9 relating to "...provide for unique or unforeseen circumstances which may unduly..... ". Mr. Delino answered that the intent of this policy is to provide the General Plan underpinning for zoning which will be coming to the Commission in a comprehensive re -write of the Zoning Code. Tanis will provide a general -2 L F MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX guideline so that when the new zoning procedures come before the Commission, you will have a means to adapt to the General Plan. 71iis particular provision by the Economic Development Committee was in anticipation of some awkward situations for older buildings or just those types of instances where there is a project that fits all other criteria and guidelines but perhaps there is some quirk in the procedures that doesn't allow it to happen. The Ei)C wanted to provide for some eium4mon or variance procedure that the Plate Commission and the City Came would have available and several ownples of that wording will be provided in the re-write of the Zoning Code. Staff reported that the precise zoning language will be coming to the Commission for review and adoption Commissioner Adams commented that at the last hearing a draft of this policy included language pertaining to "...none of the efforts would be done at the expense of residential neighborhoods..". This language has been crossed out and replaced with "hike warm,' language, "...these efforts should consider the impacts on residential areas... ". Nothing should be done in the City at the expense of residential neighborhoods. Public Hewing _was QRoW. Mr. Tom Hyans, president of the Central Newport Beach Community Association spoke in opposition to this Policy referencing the language on the residential areas of the community and how they will be impacted. He further stated that commercial districts forming city villages would be impossible as they are not homogenous in nature, Balboa, Central Newport, McFadden Square contrasted with Corona del Mar, Balboa Island and Coast Highway for instance. Residences are not going to be able to carry over seasonal slumps. He finished his presentation by taking issue with items nos. 5 and 9. Commissioner Kranzley addressed the Commission as president of the Lido Sands Homeowners Association. He stated his Association is in support of this policy. The main concern in West Newport is parking and the -3- L COMMISSIONERS �yo� 9oV3W;0iPN*0,\\\ MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Association does share some of the concerns stated by Conamissioner Adams. Mr. Phil Sansone, cl►airrnarn of the Corona del Mar Residents Association spoke in support of this policy and in support of the remarks of Commissioner Adams. lie expressed the Association's concerns regarding pedestrian facilities and vehicle access of the highway. —The pedesKian facky is critical to the businesses in Corona del Mar. Item 9 needs to be rewarded, defining "quality projects", in item 7 regarding "bed and breakW, they are not wanted in the residential area. The Association recommends that if property owners buy up the property immedistely adjacent to thew property behind the business district and then get a change of residential to business for parking; they should buy the next building on the other side and leave that as a buffer and not put the business parking immediately next to the existing residential area. Commissioner Ridgeway asked staff regarding comments about the phrase, "quality projects!'. Is there any suggestion of language? Mr. Delino answered that Guideline number I defines the word "quality". Mr. Phil Arg, president of the Bmadmoor Hills Community Association spoke in support of the concept of strengthening the neighborhood commercial districts. However, this support is for the previous edition of the policy prior to the latest strikeouts. It was quite clear and generally acceptable in its previous form and looks like 9 now has been changed from protection and development of neighborhood commercial districts to the encouragement of the building of a central core. Business opportunities along Coast highway need to be strengthened. It would be the antithesis to create central cores resulting in further adoration of the Coast Highway. He fiuther stated that the paragraph relating to problem needs to be retained as these represent the facts upon which the solutions are based. Hearins Closed. Public was Commismier Adam read into the minutes the original tease within the initial policy statemerct opening paragraph, "..These efforts should not be at the expense of residential areas in terms of noise, traffic, parking and other -4- COMMISSIONERS W%115-0 owio\\ Moth 4 MINUTES CITY OF NEWPORT BEACHNovember 9, 1995 ROLL CALL INDEX residential concerns." Rather, now it reads, "These efforts should consider . the impacts on residential areas in terms of noise, traffc, parlang and other residential concur s." This introductory paragraph needs to be re- worded to retain the original tad in the current version of the document. He then spoke on Item 1 regarding "architectural themes" for individual districts. He is opposed to a "forced loot/ as a result of planned themes for different areas of the City. The way Newport has evolved naturally with it's eclectic look is what gives its charm. Commissioner Adams f Cher stated that he a not supportive of this policy statement as it is written. .on * Commmisuoner Selich moved to approve the Policy in its present form COmm1S' Kranzley asked If some of Commissioner Adams' issues regarding strikeout and reinsertion of original wording could be included and the motion substituted and if not approved, send it bank to staff for another re-write. Cormnissioner Ridgeway ascertained that this could go to Council if it was disapproved. Staff answered that regardiess of the Commission action; approved as suggested, approved, modified or denied A automatically goes to City Council. Commissioner Ridgeway asked Commissioner Kranzley for suggestions. Commissioner Kranzley stated he concurs with the strikeout of "..at the opeuse of residential cries . ". Chairman Ridgeway stated that if this was stricken and original wording used, then you would arbitrafiiy Prevent any commercial devdoprne►t from moving forward. There are areas where commercial meets residential being a problem in every city. By reestablishing this, you remove the Commission's ability to produce a "balance ". The policy as it is drafted allows us to weigh in all the factors to indeed effect a "balance ". Commissioner Pomeroy, in agreement with Chairman Ridgeway, stated that the wording of "at the eagmw of is inappropriate, there may be some way to come between that wording and "..consider the impacts on residential areas... ". The wording, "at the earpense of, if a commercial area is going to be revitalized and is successful, there are going to be impacts on residential -5 COMMISSIONERS *\\K, <9 °< CITY OF NEWPORT BEACH MINUTES November 9, 1995 ROLL CALL INDEX neighborhoods. This can not be avoided as more noise and traffic will impact the neighborhood. Chairman Ridgeway asked for suggestions, dating that tee and sW have worked hard and included verbiage throughout the document to give the Commission the ability to produce a balance. Commissioner Thomson, recommending a softening of the language, agrees with the Chairman. He asked if we could send a caveat to the Council, ' item is approved, saying the Commission believes that this language perhaps needs to be ahered by staff. Commissioner Adams stated that he is not in support of this policy and the way it has evolved and changes have been made. He assured he ' is supportive of these types of projects, but the crafting of this policy could have been done better . MOTION CARRIED - 1 Absent, 1 No and 5 Ayes. Chairman Ridgeway Absent * stated that staff will carry Commission comments to City Council. Noes Ayes * * * • Carey Brooks Item 2 428 Old Newport Boulevard • Use Permit No. 3570 UP 3570 Commercial addition to an existing single family dwelling, where the floot Approve area ratio of the commercial addition is less than 25 percent of the site area. Also included in the request is a modification to the Zoning Code to allow the construction of a new four -car garage encroaching approximately 4 fm into the required 5 foot rear yard setback. Staff corrected the last line of the summary to read 4 feet into 5 foot rw yard setback rather than 9 feet into 10 foot rear yard setback. There w no additional comments. • -6- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Commissioner Ridgeway ascertained that this is a request for a modification because the applicant is not building to the full size. Staff answered it is a Use Permit because they are building less lather than mw mizmg. Regulations had been adopted in previous years to ensure that at least a minimal amount of commercial development occurs with residential development in commercial districts. This is the reason for a minimum floor area being enacted in the codes. The minimum floor area ratio is .25 and the residential can be the FAR that is within the district. Chairman Ridgeway stated he could not see the second story on the elevation. The second story is on the commercial addition in the fi:ont and the remainder is an existing single family home that is one story . • Public Hearing was Opened. Carey Brooks, 833 Dover Drive representing Mr. And Mrs. Don Stewart, owners, spoke on the project. He clarified that the second story was not on the elevation as the owners were going to proceed with only the first phase, rebuikling the lower part. They have since decided to go ahead, therefore the materials that have been called out on the first floor will be taken to the second story to keep the " cottage" look. In response to Commission inquiry, Mr. Brooks stated that the owners and he agree to the findings and conditions attached to the staff report as Exhibit "A" on Use Permit No. 3570. Motion Public Hearing was Closed. Motion was made to approve Use Permit No. 3570 with findings and Absent conditions contained in Exhibit "A". Ayes MOTION CARRIED -1 Absent, 6 Ayes Findings: 1. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. -7- I L COMMISSIONERS T�\ MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 2. That the proposed commercial space constitute; a significant portion of the project. 3. That the proposed commercial space is large enough to accommodate a viable business. 4. That the proposed development will not have any significant euvironmental impact. 5. That the design of the proposed improvers will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 6. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 7. That the proposed rear yard encroachment will not affect the flow of light or air to the adjoining residential property. S. That the proposed rear yard encroachment is necessary in order to provide adequate on -site velucailar circulation and covered parking. 9. The approval of Use Permit No. 3570 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 to encroach into the required rear yard setback is consists with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial cot*cmance with the approved site plan, floor plans and elevations, except as noted below. -8- COMMISSIONERS 4 MINUTES CITY OF NEWPORT BEACHNovember 9, 1995 ROLL CALL INDEX 2. That on -site parking shall be provided in accordance with Chapters 20.10 and 20.30 of the Newport Beach Municipal Code. 3. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 4. That the project shall comply with State Disabled Access reams. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired obtain any additional grading or ' building permits prior to completion of the public improvements. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 8. That the intersection of the private drive and Old Newport Boulevard be designed to provide sight distance for a speed of 40 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. 9. That the Old Newport Boulevard frontage be improved with curb, gutter, full width sidewalk and concrete street paveout. All work shall be completed under an encroachment permit issued by the Public Works Department. The Public Works Department has street plans which can be used by the applicants engineer for design purposes (Plan No's R 5369 -S & R -5383- S). -9- COMMISSIONERS 40 #15\1�imomwlp\ 4 L MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 10. 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. 11. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergroumding is unreasonable or impractical. 12. That all trash areas shall be screened from adjoining properties and streets. 13. 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 Pennk 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. 14. 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. sr� SUBJE John McIAughlin Item 3 2600 East Coast Highway • Use Permit Na 3571 Ur 3571 Establishment of a full service restaurant with live entertainment and the continue 12/7/95 waiver of portion of the required off - street parking. -10- �d to COMMISSIONERS •9, 0��2��9 <9of��� \� L 4 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Staff reported that this is an application to establish a full service restaurant with alcoholic beverage service, live entertainment and a request to waive a portion of the required parking in an existing building in the Corona del Mar commercial district. Several letters of cotuponderuce have been received subsequent to the publication of the staff report, many of which voice concern over the live entertainment aspect of the proposed application. This issue is common in the Carona del Mar area where the commercial district has close interface with residential properties. This application would convert a ftxmer specialty food use into a full service restaurant and expand it substantially into the building. Commasmw Selich asked staff about the type of fixed barriers that are to be used to secure the different areas between the daytime and nighttime uses. Staff answered that once the construction is complete, the Code Enforcement Officer will meet in the field with the applicant and through mutual agreement a method of barricading the service areas from the non- service areas is determined. Public Hearing was Qpened. Mr. John McLaughlin, 6142 Everly Street, Lakewood, applicant addressed the issue of five entertainment as being either a harpist or a guitarist with un- amplified music intended for background use only as patrons dine. Mr. McLaughlin stated he is the chef at the J. W. Restaurant in the Anaheim Marriot. He has received numerous rewards for his cuisine and has been featured in many newspaper and magazine articles Chairman Ridgeway asked the applicant who the owner of the project is. He was answered, the Bryant.Corporation out of San Francisco. Mr. McLaughlin has a signed lease on the property and a Snell Business Loan. He has read the findings and conditions attached to the repot and agrees to them if the project is approved. He stated that he is very invoived with the community, National Kidney Foundation yearly events, S.O.S., and -11- COMMISSIONERS 4 l MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX teaches eadension classes at U. C. Irvine. Staff made available to Mr. McLaughlin copies of letters they have received in opposition to this User Permit. Commissioner Adams suggested the hours of operation be limited from 10:00 a.m. to 10:00 p.m. Sunday thru Thursday and 10:00 am. to midnight Friday and Saturday. Mr. McLaughlin agreed he would be satisfied with these hours if this was to determine the project. Commissioner Pomeroy said that the applicant should know the kinds of objections raised by the local residents. They are typical where there is a restaurant ne)a to a residential area being; late hours, clean up noises after the restaurant closes, trash trucks raise and bad smells emanating from the restaurant and from garbage cans due to food spoilage. These can be controlled through the use of good management. At a previous application by Mr. McLaughlin there were similar objections although this is probably a more sensitive area primarily because of the two story homes directly across the street. If this Use Permit does get approved and there are complaints this permit will be called up for review. Chairman Ridgeway stated that this building does not have adequate markings showing that there is parking beneath the building. A condition will be imposed stating that a sign will be posted both on the restaurant at the main entrance and at the driveway that the underground parking is available. Commissioner Thomson agreed that the parking should be well marked. He also asked that the hours of operation of grease and garbage pick up bucks be contained. Chairtm Ridgeway stated that it is illegal after hours for grease and garbage pick up. The hours of grease and trash pickup can be limited within the conditions. Commissioner Pomeroy addressed the audience stating that only during the time of the application does tbe Commission hear of complaints from the neighborhood. It is important if there is a problem with a local business next door to write to the Planning Commission. If an applicant comes -12 COMMISSIONERS 4XV00� 4 MINUTES CITP OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX before the Commission and there is no evidence of complaints, the Commission is powerless to do anything about the problem(s). Marilyn Moore, owner of property at 721 and 721 1/2 Fernleaf addressed the Commission She presented pictures depicting the status of underground parking, trash receptacle area and parking. The dumping receptacle is within 15 feet approximately of the rooms of 721 1/2 Femleaf. The restaurant across the narrow way has produced trash,,notse and parking problem The restaurant patrons park right next to the bedrooms of her tenants plus all the trucks coming into the alley are very disruptive. The removal of a wall as a sound barrier plus the waiver of parking spaces is not fair and should not be allowed. Chairman Ridgeway asked staff why there was not a wall put in on the other side of the alley when this project was built. Staff answered that there is parking which takes access off the alley at surface grade behind the building for this project. Also it was a retail building, the building has a zero setback on the other two sheet frontages. Mr. Tim Sloate, representing D. R Brant the owners of the property, produced articles for the Commission. He stated that a new sign was posted on the property indicating new owners. He is asking that the residents and neighbors of Corona del Mar not hump all restaurants together. The property owners are aware of the conditions of the previous tenants and are working diligently to repair, and redo the graphics. Commissioner Pomeroy stated that it is not necessarily what the management does, but rather what the patrons do. The Use Pemrit runs with the site as long as the new owner meets the findings and conditions. A lot of restaurants change hands. It is a matter of a restaurw use, not Mr. McLaughlin Chairman Ridgeway stated that if there was poor management before and the building was•poody run, as the owner /manager of the building, if the Commission is inclined to approve this permit, the Commission will watch -13- COMMISSIONERS *\1 4\1r F�9 r��� L MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL HIM INDEX these conditions very closely through code enforcement and staff. These concerns are very real. Nk State spoke on behalf of the owners state g they would have no problem with any periodic reviews the Commission or City would like to make. Their intent is to bring this project to upscale retail uses. Commissioner Thomson asked what will happen to the front of the budding. A suggestion might be to reuse the Coast Highway side of the building. It might be to your benefit to relocate and use the Coast Highway side rather than as is. It would not impact the neighbors in the back, be more vide and possible offer better parking facilities if this was handled properly. Mr. Sloate said that the issues of venting and the rest of the businesses coming into the building will need the window side on Coast Highway. The 4,000 ft. restaurant will be a destination. Chairman Ridgeway asked Mr. Sloate about the . location of the trash enclosures. Mr. Sloate said that he would be willing to relocate or rework this area. The way the site is set up the logical place for the trash pick up would mean a loss in one of the surface parking spaces. The enclosure should be put along the wall so as not to be visible from the street. Paula Arnet, resident of 721 1/2 Fenleaf - spoke to the Commission. The parking is the main problem compounded by the extended hours. She reiterated the issues brought up by previous speakers. Her recommendations, if the Commission was to approve this application, are to post proper signage of underground parking, move location of restaurant to the fiont of the bull ding, mandate valet parking at night, restrict hours to 10:00 p.m. and no amplified music, no live entertainment and relocate the dumpster• Chairman Ridgeway asked staff about a loading zone for the building and if so, where is it and why isr't it being used. Staff answered the site plan does show a loading space, it is the space immediately adjacent to the dumpster area on site. -14- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Commissioner Ridgeway stated that there should be a painted loading zone at the curb. One space on the street will be lost, but noting the in of the building this would force the trucks to a different location keeping them out of the alley. Mr. Mike Begear, resident at 721 1/2 Fernleaf spoke to the Commission - he suggested that valet parking be mandated. He states he has been very patient with the problems of noise, parking and nuisances. He continued, that the building does not warrant a restaurant. He appreciates what the Commission is doing and urges that the permit be denied. Mr. Don Glascoe, owner of printing business next to this building spoke next. He expressed his concerns of traffic and severe parking problems around the area especially as this budding has never been fully occupied. Nk Tim Sloate then addressed the Commission on the issue of parking. The staff report has gone into a great detail on the parking. He stated that the 4,000 sq. restaurant during the day is going to be restricted to only 50% of its public seating which is 2,500 sq. ft. This means that during the day, only 1,250 sq. ft. will be open to the public. Comparing this to a potential multi- tenant, another 4,000 sq. ft. user will not have only 1,250 sq. ft. open to the public during the day. Therefore, with this restriction, the overall demand on the project will be lower between normal business hours of 9 m the morning and 5 or 6 o'clock at night. This results in less of a parking demand. Mr. Begear countered if they are reducing parking, why are they asking for parking waivers. Public Hearing Closed. was Commissioner Pomeroy itemized issues the applicant will have to address ' if this request is to be approved. They are: re- design or relocation of trash enclosure, working with the City to acquire a painted loading zone at curb, reduce hours to 10:00 p.m. Sunday thru Thursday and 12:00 midnight -15- COMMISSIONERS 4(l\POAMR0\1�rx MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Friday and Saturday, issue of valet parking at night. It is best to continue this item to give the applicant time for resolution. Commissioner Adams said he is not supportive of a fill scale restaurant in this location and if there is a majority of Commissioners who feel this way, there will not be a need to continue this item. Notion Motion was made to continue this item to December 7, 1995. The applicant was asked to discuss these issues with staff during this time. Absent * MOTION CARRIED. I No, 1 Absent 5 Ayes. Ayes Noes * s s s SUBJECT: Corona del Mar Plaza Item 4 (The Irvine Company> applicant) • 2400 East Coast Highway • Certification ofFJR No. 154 EIR 154 • General Plan Amendment No. 95 -2 (C) GPA 95 -2 (C • Amendment No. 835 A No. 835 TS No. 101 • Traffic Study No. 101 1 • Site Plan Review No. 74 SPR No. 74 The applications considered if allow the construction aPP � �g �, � approved, Approved of a 105,000 sq.. 8. specialty retail shopping center on a ten acre site on the northwesterly comer of East Coast iTighway and MacArthur Boulevard. The project would include a broad range of consumer retail stores, including a specialty market and restaurants. Staff explained that the project, if approved, would allow the construction of a specialty retail center on the corner of East Coast FTghway and MacArthur Boulevard. The City has received a number of pieces of correspondence questioning various aspects of the proposed project. The two most significant issues are the presence, design and location of access on MacArthur Boulevard and the adequacy of the proposed parking for the development. The applicant will address the first issue. The parking plan • -16- COMMISSIONERS 4 tpoimoxiiojwx 4 MINUTES CITY OF NEWPORT BEACHNovember 9, 1995 ROLL CALL INDEX and standards proposed are in the Planned Community Text. Staff and the City's consulting engineer assessed the parking requirements and have analyzed the parking from various points of view. It has, therefore, been concluded that, generally with the modifications suggested in the staff report to reduce the amount of restaurant floor area permitted in the development, the parking standard of 4.5 parking spaces for each 1,000 sq. ft. would be able. However, some issues have been raised regarding, "what ifs'. What if it is turned into something else ?, what if some of the other permitted uses in the planned community text eventually arrive on site? Staff included these concerns when looking at the permitted land uses and concurred that an increase of some of the permitted land uses could in fact in the long run create some parking problems. Those in particular are separate free standing fast food or drive through restaurants and arcades. Staff has prepared an alternative sex of pages to the Planned Community Text which would remove those two land uses from the permitted land uses in the commercial district. Additionally, the site plan shows 501 parking spaces currently provided on site. If the commission were to change the Planned Community Text to increase the parking ratio from 4.5 to 4.75 then the required number of spaces would still be present and would calculate out to 499 parking spaces and probably should be included at minimum into the action that would essentially create a balance between the proposed parking and the required parking of the project. However, it would not be inappropriate for the Commission to consider an even greater increase in the parking ratio, perhaps up to as high as 5 parking spaces per 1,000 sq. ft. A number of the City's consultants are present in the evert that there are specific questions. They include the consulting Traffic Engineer and the consulting Fiscal Analyst, additionally the EIR consultant has brought the large scale.exhibits of the view analysis contained in the EIR should the Commissioner wish to refer to those exhibits during the public hearing. Commissioner Adams stated if the parking ratio was increased 5 per 1 ,000, it would yield 525 parking spaces. Chairman Ridgeway suggested that one way to accommodate 5 per 1,000 is to reduce the square footage by 5,000 square feet which is 25 cars. Public Hearing was Opened. -17- COMMISSIONERS T \"I OAS MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Chairman Ridgeway addressed the audience saying the applicant and his consultant(s) will speak first. It is goring to be a long process, so to the wdent that he hears redundancy, he will stop the allotted 3 minute presentation. For groups in the audience represented by a spokesperson, he will allow greater than three minutes time but that needs to be indicated u p firms. Mr. Tom Redwa, Vice Preside with Irvine Company spoke on behalf of the Corona del Mar Plaza. This project is at one of the most visible sites of the City at the comer of East Coast Highway and MacArthur Boulevard and will be an energizing anchor to the business area, will provide new aril different shopping amenities to the community and will keep sales within our City. The site proposed for Corona del Mar Plaza has seen many retail uses. In the late 90's the Irvine Company offered the site to the Newport Harbor Art Museun for a proposed new facility. However, when the Newport Public Beach Library moved forward with their plan for a new building, the Museum realized that an expansion into the old library adjacent to the existing museum and now owned by the Irvine Company was financially more realistic and beneficial to its needs. The Museum then asked the Irvine Company to donate the old Library site for museurn expansion and it was agreed. After the Museuin's ded" the site was studied taking into consideration certain criteria. The Irvine Company warned to idermfy a use that would be compatible with the surrounding area, benefit the cornnantity, would provide econantic value to the City and would make best use of this visible site. The use that met these criteria best is the project being presented tonight. Early in the planning process, the Irvine Company met with the City, surrounding community members and business leaders to ascertain their concerns regarding the project. Over many months, the project was designed and modified to be sensitive to the many interests expressed. This is evidence by their going into the Harbor View neighborhood to obtain a comprehensive view analysis looking toward the site. As a result the project has been specifically designed to limit the height of the architecture 10 -18- COMMISSIONERS ry 9� q MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX and landscaping to comply with the view plane criteria established for the site. In addition, being sensitive to views looldN down on the project, the roofs are designed to be esthetically pleasing with a variety of smaller sloping roof forms with mechanical equipment hidden from view. Landscaping along MacArthur Boulevard edge will soften the views of the project from Harbor View Hills homes. Equally r Tortes t, the interior building facade which face towards the residential area have been designed with significant overhangs to shelter store fiat# views in response to community input. Night lighting is also a concern. A fighting consultant was contacted in the very early stages to design the most sensitive fighting solution that shield iigltt sources and direct it downwards and away from residential areas. Another consideration was the adjacent Newport Beach Public IA %rary . After discussion with the City, the planners integrated Corona del Mar Plaza's vehicular and pedestrian circulation with the library as an overall plan The project edge has been designed to open to Corona del Mar at strategic locations while respecting and being consistent with the street friendly, character of the village. Pleasing architectural facadw with store fronts are planned to continue the charm of the area Most importantly, the project will become part of the Corona del Mar Commercial area At the request of the Chamber of Commerce, the project has been named `°fie Corona del Mar Plaza" and they have agreed to participate in the proposed Business Improvement District for the area. They look forward to johting with other business to maximize Carona del Mar pote". He then addressed the ism of access to the project from MacArdw Boulevard. Access is a key and essential to attract and retain high qualky businesses and merchants. It is a eawadence to have this access ftom MacArtlatr Boulevard and as a result of concerns raised by nearby reader" from the Harbor View Drive, the access will be relocated south near the access that currently exists and made "right in" only. This change is being proposed to alleviate community concerns over access from MacArthur. This project will be a stirnailus to the Corona del Mar area, boost City's revenues with sales tax (net approximately $348,000/annum) and accommodate local residents shopping needs. He agrees to the 119 conditions outlined in the staff report and concurs with the additional -19- COMMISSIONERS **1\P0k0V0x1wk\ MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX provisions as outlined by NU. Temple and requests Commission support for approval of this project to the City Council. Gary Vaccaro, Vice President of Irvine Retail Properties addressed the issues of retailing businesses of the project. These businesses will respect the concerns of the community and design efforts, achieve the highest level of customer conveuence, provide architectural continuity with downtown Corona del Agar, integrate project site with that of the library and be Pedestrian fiieidly. The panting area as proposed contains 501 spaces. However, when the plan is revised to reflect the right -;n only access, the parking will increase by 10 spaces to 511 spaces nearly achieving the parking ratio of 5 per 1 ,000 ratio of parking to building area The view corridors on either side of the restaur t on East Coast lEghway and MacArthur Boulevard will be combined with park like landscape treatment. Various pedestrian accesses and seating areas will be provided. The merchants for the project will compliment merchants of Corona del Agar. In that regard, Mrs. GoocWs Natural Foods Market will be the anchor of the retail center. Additional tenants will be for casual, comfortable apparel; cooking and/or wirer; books and music; a breakfast restaurant and/or bakery; fine dining restaurants; coffee/bagel as well as outdoor recreational retailers. Chairman Ridgeway asked Mr. Vaccaro about Mrs. Gooche's being an upgraded Farmers Market. Mr. Vaccaro said not in their estimation due to the types of natural foods, organic vegetables, non - privative meats, vitamins and lotions, etc. Compared to other businesses that offer gourmet, regular meats, non organic vegetables, tins establishment Is unique. Commissioner Pomeroy agreed with Chairmar► Ridgeway in that this should not take business away from other established stores. To date there is one signed lease for the project. The Irvine Company is asking for approval of a speculative project of 105,000 sq. &., so 80,000 sq. ft. at this point of time has been identified in a tenant mix only. . -20- COMMISSIONERS *\\Q\Wii�olviv • MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Mr. Vaccaro said they had suspended their leasing efforts due to the controversy surrounding the access and the lack of entitle men t. They needed to wait to see exactly what they could seg. There is a multitude of prospective tennart<s they have talked to that have shown interest in every m>ents. category metitioned in his comments. Chairman Ridgeway said he is concerned with old Carona del Mar and other larger shopping centers. There is no need to be redundant. There are a number of already existing coffee shops for instance. Commissioner Selich asked Mr. Redwitz about the start of the apoication process for this project. Mr. Redwitz answered about March, 1995 when the formal application was made. Chairman Ridgeway asked Mr. Edmonton, Traffic Engineer about the offer of the Irvine Company to move the access. Mr. Edmonton said he had reviewed the concept but not seen a detail drawing. From a traffic operation standpoint there would be very little difference to the proposed placement of a right -in only further south on MacArthur. Mr. Redwitz produced a revised colored graphic that shows the proposed access. He proceeded to identify the changes is the project that resulted in the proposed move of the access off MacArthur Boulevard. The access has been reviewed by the Traffic Engineer Consultant for the EIR as has CalTrans. Mr. Joe Foust, Principal of Austm-Foust Associates, hived by the City to prepare the traffic analysis spoke to the Commission. He went into detail to explain meetings with Cal Trans to discuss the possibility of moving the access off MacArthur making right Win only including perhaps closing off the median and the volume of egress and ingress. There will be no conflict with Coast I.6ghway train with two lanes going south on MacArthur and a separate deceleration lane. -21- COMMISSIONERS L 4 %ST n LC \ \ MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Chairman Ridgeway stated that this configuration presents no conflict with Harbor View Drive. Mr. Foust agreed. The center island will be 40 feet wide as a result of a widening project on a separate contract. Cars caning out of Harbor View Drive will have a safe area in which to turn left. Mr. Foust explained the location of the existing driveway on the location map. Catumssioner Adams asked Mr. Fans about the Traffic Analysis having been done on a right -in and riglk -art on southbound MacArthur These trips will be re- oriented now with this alternative, have the analysis been recakaulated based on the redistribution of traffic. He was answered yes, and one change has occurred. That is, the traffic that would have come out onto MacArthur will now come out onto Avocado. Commissioner Thomson clarified a free right turn off MacArthur. When coming around that corner, you're coming into a traffic lane that is being used by people proceeding north on Fast Coast Highway. I& Edmonton clarified that the MacArthur widening project will provide a free right turn lane around to Coast Highway to merge left or turn right on to Avocado. Public Hearing was (Qpened. Mr. Phil Sansone, Corona del Mar, community spokesman - spoke regarding the community concerns. These concerns are parking, the possrbiiities of the warrants setting up for a signal at Harlwr View Drive, possibility of generated traffic plus future use requiring the widening of MacArthur Boulevard from East Coast Highway to Crown Drive to six lanes and the last one was the access fivrn MacArthur. The proposal made by the Irvine Company on the access as shown is acceptable. The parking problem has been alleviated by the recalculation. He would like confirmation that the generated traffic and any future project will not trigger the widening of MacArthur from Coast Highway to Crown Drive. Mr. Edmonston explained that Crown Drive is south of San Miguel. The current plan is to have six lanes on MacArthur to a point south of the -22 COMMISSIONERS WO MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX intersection of San Miguel and then it tapers into four lanes. One of the requires in the current circulation element of the general plan establishes that the widening could not occur until a certain threshold volume was reached. The Public works Department has discussed this and they have no objection to subtracting whatever the vdume is using that driveway offMwArdw from the other traffic. Any traffic destined aft the center using this driveway wild not be included in that count to trigger the widening process of MacArthur. Mr. Sansone stated that the intersection of Harbor View and MacArthur meets the warrants for a signal. The City has some discretion with the installation of said light. The Association does not want a signal them but to get around the liability issue for the City, recommends that the City or CalTrans, whoever is responsible, to put agnage at that place that states the there is no pedestrian access/crossing. It is a legal crosswalk on Harbor View across MacArthur. With this si'gnage, it would protect the City and/or State from liability. Chairman Ridgeway gated that this is a separate issue for staff. Mr. Sansone concluded that the issues of lighting will be taken into consideration by the Irvine Company. Commissioner Adams scaled the drawing and stated that it is 450 ft. from the center of Harbor View Drive to the center of the proposed driveway and it is 310 ft. from the center of the driveway to the future north curb or East Coast Highway. Mr. Sansone said that meets the requirements of the community. Chairman Ridgeway stated that the City has bid the reconfiguration of Coast Highway and MacArthur with comMuctior starting in February, it has nothing to do with this project and has been in the works for a long time. -23- COMMISSIONERS 4 L \10 ��o MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Luvena HaytcA Corona del Mar resident - spoke in support of this project. She is in favor of the use of the land, it may take away a little of her business but that is all right and she also favors the Health Emporium. W. Barry Allen, 221 WhitesaHs Way, CDM - spoke in favor of the project as to% as fast food restaurarfs and arcades are not part of the tenant mix. He addressed the issue of lighting for safety purposes He asks if the Irvine Company, once the lighting plan is finished, give the Corona del Mar Homeowners Association and three other associations that are immediately above the project an opportunity to review it. This issue will be addressed by staff according to Chairman Ridgeway. Commissioner Kranzley asked staff if this is processed tonight, when will it come to Council. He was answered, November 27th. 1W Peter Tempelton, member of the Board of Directors of the Point del Mar Association - spoke in general support of the project. It is a strong design both architecturally, visually pleasing, placement of signage and community impact with outdoor spaces and usage. Mr. Richard Varner, 2821 Harbor View Drive - does not support this change by the Irvine Company. His major objection is the increased traffic pattern that could cane through on Harbor View Drive onto MacArdsir Blvd. Mr. Don Udall, Harbor View Dr residue spoke against this project for the same reasons as listed above. He is concerned with the traffic and parking spaces inside the project. Mr. Royal Radtke, spokesperson of the Corona del Mar Chan of Commerce - stated that the Board after review of the plans is in finer of the project. He applauded the Irvine Company for naming the project del Mar Plaza instead of Ngyv port Pavilion. -24 COMMISSIONERS L MINUTES CITY OF NEWPORT BEACHNovember 9, 1995 ROLL CALL INDEX Mrs Betty Wharton, 1033 Goldenrod spoke in favor of view preservation with regards to the lighting. She presented pictures of the library fighting as of last winter. Commissioner Adams asked for her suggestions or recornmendatiom as to what else could be done for adequate insurance. She had no answer. Staff was asked for suggestions. Ms. Temple stated that restructuring the conditions in two different areas could potentially alleviate this concern. One would be that concurrent with submittal of plans to the City, the Irvine Company could submit copies to the homeowners associations for review and comments. Perhaps a follow up with an additional condition stating that the Planning Commission would have the authority to call up and review the lighting plan should after it is installed we receive complaints in regards to illumination levels or direction of light. This combination of a preliminary review and an ability to call back the site plan review on the lighting plans cal][y could potentially give us the tools needed to require alterations should there be some unanticipated negative effects from the lighting plaa. Mr. Redwitz said he is in agreement with the first part but suggested it be modified that if they are not in compliance with the approved plan then certainly there is an issue. But to be exposed to any future complaint and then be called back by the Planning Comussion, is unreasonable. Commissioner Ridgeway stated that this lighting issue could be solved the matter is low to word the condition. Mr. Redwitz said he is very sensitive to the lighting issues. Debra Allen, Harbor View Drive resident stated that when you cone up with the condition on lighting, add to that condition the lighted signs. In particular, the signs on the east side on Avocado need to be addressed. Dr. Dan Belove, 1126 Whitesails - spoke against the project. He is against the use of land as a conmwcial project. He stated that the same types of -15- COMMISSIONERS 4 \ �9-v MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX proposed tenants are similar to emsting stores within a 2 mile radius. He suggested a park be placed on the site. Mr. John Robertson, 2509 Harbor View Drive -spoke in opposition of project. He des that this is not good planning, the diagram does match the proposal in EIR. He questioned why hasn't there been a stud for ingress and egress on Avocado with no access on MacArdwr Blvd. finther questioned why Cal Trans was not identified as a agency, that would make the EIR vulnerable to a lawsuit. The P Commission is responsible for managing good plam*g. He states thW further research and studies should be done based on this new proposal by Irvine Company. Chairman, Ridgeway asked stafffor verification of the Notice of Completim ' signed by John Douglas. This does show Cal Trans District 12 as reviewing agency. Staff affirmed that Cal Trans had received a Notice o Preparation, a copy of the Environmental Impact Report and Cal Trans dx ' submit comments that have been incorporated. Commissioner Adams asked staff about the relocation of the driveway problematic from the standpoint of having a legitimate EIR process. Staf answered that the EIR process is set up to study the impacts of proposed projects as well as project ahematives. The City is obhigated if new alternative arises during the course of a public Hearing to study potential impacts. In this particular case the relocation of the diivewa access and the limitation to right turn th has been looked at £roan a standpoint and it does not create any changes in terms of findings or level significance or adverse impact to any studied iateasection. Other possible changes in landscape depth, there appears to be no other that would result from the relocation of this driveway. Commissioner Adams asked staff about the mention of removal of the speed humps on Harbor View Drive. He would like to know the status of these speed bumps plus the result of study of these speed bumps. Mr. Edmonston answered that the City is not presently installing additional speed bumps nor are there plans for removal same. To remove the speed . -26 9L Div MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX bumps it would require a majority of the rodents along the street to petition City Council for there removal. As to the impact of those speed bumps, they were responsible for a reduction in speed on that street of about five or six miles per hour and the residents that the City has heard from are very pleased with the impact. Traffic volume on Harbor View Drive has varied over time due to construction of Newport Coast Drive, the general decline in economy and the installation of speed bumps. Ken Vemengo, representing Robert h4cKenna, owner of Roger's Realty, CDM., Roger's Gardens spoke in favor of this project. He read excerpts of a letter from Mr. McKenna ....Vith first hand local knowledge ...we desperately need the proposed Corona del Mar Plaza project. I am for this project 1000/9, it will help the economy and the growth of Newport Beach". Mr. John Ehret4 1020 Sea I.ae spoke in opposition of this project. He feels the site is inappropriate for this project and does not feel the project will succeed. This site is not disposed to retail as it is an island in fast traffic. Ms. Margaret T hide main, 2915 harbor View Drive spoke in opposition of tins project. Her concern is traffic on the street that will turn south on MacArthur to enter the Center . If this project is approved, there should be some condition that would restrict the left tun from Harbor View Drive. It should be a destination center so that it does not siphon off businesses from e fisting stores in the area. A destination center does not need an access from MacArthur, the Avocado entrance which is the main entrance will be suffrcaent. The changes that have been made tong treed to be studied She referenced letters from other neighbors opposing MacArthur Boulevard curb cuts. Chairman Ridgeway asked Mrs Tluehemair if a right Mm only from Harbor View Drive was imposed would that alleviate concerns. She affirmed that this would be acceptable. Mr. Ron Hendrickson, as a concerned citizen spoke about the library entrance. He stated that the entrance that will now occur with the shopping center may end up being a back door entrance to a major public facility. He -27- COMMISSIONERS 1' 0\\4.0 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX would like a condition that the proposed entrance meets the requirements for a major public building. Mr. Gene Lyons, Corona del Mar spoke about a potential compromise of the bike lane and sidewalk on MacArthur where the proposed relocated access will be He objects to not being involved with this decision.process and opposes the Lvine Company making these changes tonight. Mr. Paul Swonolfi, 1027 Goldenrod spoke in opposition of this maw He would like this project turned to face Coast Highway, not Harbor View Homes, because of the lighting. The following people objected to this project fix reasons already indicated: Mr. Clark Hayes, 1106 Goldenrod Ms. Stephanie Fetta, 2807 Harbor View Drive Ms. Lucille Kuhn, 1831 Seadrift Drive supports this use of the property for the project. The increased property and sales tax will benefit the people of the City of Newport Beach. Dick Marowita spoke in favor of the this project for similar reasons as above. Public Hearing was Ck)sed. Commissioner Adams spoke in favor of the project. This a a good hand use for the site. The issue of a possible traffic signal at Harbor View Drive and some of the other concerns resulted in fear of traffic intrusion. The Lvine Company has made a major concession to address this neighborhood issue. If this project is approved with the curb cut into MacArthur and flee is an increase in traffic volume on Harbor View Drive, the City then needs to look into ways to mitigate it. To the extent possible, if this project is approved, the Commission needs to attempt to make help it be successfial. Having access from MacArthur Boulevard is necessary and vital fi)r this success. It is a benefit from the traffic circulation standpoint. Peak hour traffic will be pass -by traffic, trips that are already on MacArthur Boulevard -28- COMMISSIONERS • o�\Momom� 4 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX heading south. Parking for this project does not pose a negative impact to the library parking. He agrees with Staff to increase the parking requirements to at least 4.75 per 1,000 and maybe a slight reduction in square footage to be on the safe side This is an very important public improvement that needs to be protected from a parking standpoint. He that asked if the six lane eatpansion language had been worked out as a mitigation measure. Ms. Temple stated that there is specific language proposed at present. It's most appropriate location would be one of the requirements adopted in the resohition adopting the amendment to the Gateal Plan There would be an additional, "Now There be it Resolved ..... then insert the language previously worked out regarding discounting the project related traffic using the entrance from the traffic volumes used to trigger the MacArthur Boulevard widening. ' Commissioner Adams stated his support for signage prohibiting pedestrian crossing Harbor Yew Hills needs to be incorporated. The pedestrian demand may, like the driveway, lead to a signal some day. He supports the suggestion that the lighting plan be scrutinized by the Harbor Yew residents. Mr. Allen's suggestion that they sign off the plans would be adequate. Between now and when those plans are submitted, the Harbor Yew Hills residents wail have gone through and know what kinds of fixtures they would be comfortable with, lighting levels, etc. Commissioner Kranzley agrees with Commissioner Adams and will be supporting this item. He added that he does hear the concens and it was very clear from the begmnmg that the intersection would be left as is. He applauds the efforts of the Irvine Company and their final concession. Commissioner Pomeroy stated he is Familiar with the problems in Harbor View Hills, being a resident for 18 years. He disagreed with Commissioner Adams regarding the traffic impact on Harbor View Drive. Now with the opportunity to turn left onto MacArthur Boulevard and then ago the project, there will be more use by Harbor View Hills residents. The issue is, will it be a significant increase. By restricting the left turn lie, you would please only the residents on Harbor View Drive, the rest of Harbor View -29- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHN ovember 9, 1995 ROLL CALL -F1 I INDEX Hills residents would not appreciate having to make a right turn only. Tla' impact of that change would benefit a few people in a way which create greater impact on other people His major concern is to take care of the lighting concern in a manner that satisfies the Homeowners Association so they can make sure it is done right. Commissioner Thomson stated that the parking impact is almost S to 1. The market will determine if it will work or not. Commissioner Thomson stated that "no pedestrian crossing" is important, no left turn onto MacArthur Boulevard should be looked at carefidly b elbre going ahead with it. The traffic people can look at this issue and may recommend its installation at a future time. He expressed concerns regarding a walkway or bridge that would be used to expand pedestrian fiendly uses. He's heard comments about the view plane from East Coast Highway and Avocado. A vast majority of people live in old Corona del ' Mar, go down Avocado into Fashion Island. The way the building looks from the outside, the Irvine Company assures that it will mitigate it with a storefront type of view plane and lots of trees, etc. This will be a great asset for the City. It will be a nice project, one everyone will use. Commissioner Selich supports the project and concurs with Commissioner Adams comments. He is concerned with the pedestrian friendly nature of the project. The Comnilssim has a responsibility in reviewing this project to analyze it in terms of its impact on Corona del Mar Business D Wic t. We just adopted the Commercial Business Districts Policy and when a new project comes along like this, we need to see how this will enhance the commercial issues addressed in the commercial policy. If we are going to reduce the parking requirements by the amount of square footage, it would probably be done in the corner of MacArtbur and Fast Coast Highway and possibly on Avocado street to reduce the physical bulk of the buildings. The basic site plan is fine, some of the minor elements may need to be altered. Chairman Ridgeway wed from the Harbor Yew Ifills Homeowners Association the concerns heard were traffic in that oommunity. It is a concern whether the project is there or not. You have made your concerns heard and staff will attempt to address them He supports most of the -30- Mot. 4 COMMISSIONERS �5 yLp �k MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX comments made by Commissioner Adams, including the parking. Pedestrian friendly eating areas have been established. He recommends removal of 5,000 square feet of bulky building area at MacArthur and Avocado. We need to make this a minimum of 5 per 1,000 or a reduction of 5,000 square feet. He supports the access and the uses are based on a speculative project and if the Irvine Company stays true to its tenant mbC, then Corona del Mar will benefit. The lighting issue is solvable Commrissiorrer Pomeroy agreed that the bulk should come out at Avocado as he agrees with the 5 to 1,000. Lon Commissioner Adam moved for: • Certification ofEIR No. 154 (recommends to City Council) • General Plan Amendment No. 95 -2 C • Amendment No. 835 • Traffic Study No. 101 • Site Plan Review 74 with the following additional conditions: 1. Project be parked at 5 per 1,000 square feet 2. Traffic volumes associated with right turn access on MacArthur Boulevard not be included in the calculation for going to six lanes on MacArthur Boulevard. 3. The Irvine Company shall submit the lighting plan to Homeowners Associations for review, comment and recommendations back to city staff for consideration as the City approves the fighting plan, and that actual installation complies with the approved lighting plan. The review does include the lighting associated with sign programs but does not include the sign program itself for the placement of signs. 4. The MacArthur Boulevard access be relocated as shown on the revised plans and be restricted to right in only access and be subject to design requirements of CalTrans. 5. The elimination of arcades and drive in and take out restaurants from the uses permitted in the PC Text. -31- COMMISSIONERS AYE! MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Mr. Redwitz stated that the Irvine Company is in agreement with the revised lighting condition. They do take issue with the parking ratio. The staff report has analysis that shows that the parking spacer ratio is adequate. The ratio is being changed to 5 per 1,000. He then made comparisons with other projects and their parking ratios. Chairman Ridgeway stated that a regional comer a not a neighborhood center. This center when used with outdoor seating food uses needs 5 per 1,000 parking spaces. Commissioner Adams stated that at 511 spaces, they are at almost 4.9 per 1,000 parkirng spaces. Discussion ensued regarding the parking ratio. Commissioner Adams then amended his condition number one that it be changed to 4.9 per 1,000. * MOTION CARRIED - 6 Ayes, 1 Absent x x x x x x A. Environmental Impact Report No. 154 Findinus: I. That a Draft Environmental mental Impact Repot has been prepared for the project in compliance with the California Environmental Quality Act (CEQAJ the State CEQA Guidelines and City Policy. 2. That the proposed Draft EIR, Comments and Responses, revisions to the Draft Elk 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 Draft FIR reflect the vdeliendenli judgment of the Planning Commission. 4. That the Planning Commission has reviewed and considered the information contained in the proposed Draft EIR pnior to making its recommendations to the City Council. -32- COMMISSIONERS *Aoirm �F< MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Mitigation Measures: 1. That the applicant shall prepare a construction access plan in order to maintain safe access to the library during Construction. The construction access plan shall be approved by the Public Works Department prior to approval of the grading permit. 2. Tbat the applicant gall install a traffic signal on Avocado Avenue at the access driveway to the project site. 3. That the applicant shall prepare a construction access plan in • order to maintain safe access to the library during construction. The construction access plan shall be approved by the Public Works Department prior to approval of the grading permit. 4. That construction employees shall park their vehicles in designated parking areas on the project site or on other Irvine Company property, not on Avocado Avenue. S. That prior to the issuance of building permits, a detailed interior noise study shall be completed for all buildings within the project that are adjacent to East Coast Ffrghway and MacArthur Boulevard to confirm that interior noise levels will comply with the stated guidelines for office, retail, and restaurant spaces. 6. That the applicant Mall assist the City in implementing Transportation Demand Management measures related to the proposed project. Such measures shall include coordinating transit services to the development through provision of bus stops, transit stops, shuttle stops, bus shelters and turnouts, and bicycleftransit interface. -33- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 7. That the applicant shall provide mitigation for secondary source emissions (i.e., emissions associated with stationary sources within the development). During design review and prior to issuance of building permits, the City of Newport shall assure confirmation that the measures have been incorporated to the maximum extent feasible. 8. That the applicant shall install energy efficient lighting which provides high light output per watt of electricity consumed. 9. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. A reduction in travel speeds to 15 miles per hour on unpaved road surfaces will reduce particulate emissions from this activity by approximately 40 to 70 percent. • 10. Suspend grading operations during first and second stage smog alerts. 11. Suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. 12. Provide on -site power sources during the early stages of the project and utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators. 13. Schedule ( construction) operations which may affect traffic to occur at off-peak hours, where feasible. 14. Develop a (construction) traffic plan to minimize traffic flow interference from construction activities. The plan may include such components as an advance public notice of routing, uses of public transportation and satellite parking areas with a shuttle service. • Mitigation measures and standard engineering practices are summarized in the geotechnical investigation for the project site and address the specific soils and geologic constraints to site -34- COMMISSIONERS - awio\o� V MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX development that were identified in the impact analysis. Engineering procedures not related to specific, significant environmental impacts within the purview of this EK but that relate to other technical issues, are included in the geotechnical investigation. As such, all of the recommendations in the geotechnical investigation shall serve as the definitive guide to specific site planning, geotechnical engineering techniques, and mitigation measures for the proposed project. The complete geotechnical investigation has been incorporated by reference and is available at the City of Newport Beach. 15. Prior to issuance of grading permits for any constriction on the Newport Village site, an archaeological records search shall be conducted by a qualified archaeologist to determine whether proposed activities would encroach upon or otherwise adversely impact the previously recorded Locus A or B of CA- Ora -167. 16. That if it is determined that proposed activities would affect CA- Ora -167, the following specific procedures shall be implemented: CA- Ora -167: Locus A I • A surrey of the site area shall take place during which tinny surface materials shall be Sagged in order to identify the horizontal surface boundaries of the locus. • Following identification of the surface extent of any cultural resources, a five square meter grid system shall be laid out that encompasses all flagged Menial. • Using the grid system, all flagged material shall be systematically collected. • After collection of surface materials, two to three units measuring one square meter shall be placed within the grid -35- iklpoao\ MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX system to provide the limits of the vertical distribution of the cultural material and identify its subsurface integrity . • Following completion of the subsurface units, a series of hand - dug postholes shall be placed in the site to further define its subsurface horizontal distribution. • All material recovered from surface collection and subsurface units shall be analyzed and catalogued. • If sufficient shellfish remains are recovered from the %ibxxfwe, at least two samples shall be submitted for carbon-14 dating. • The results of the test program, including methodology, analysis of recovered material, and recommendations, if necessary for • further work shall be documented in a report. • All of the above work shall be undertaken by an archaeologist on the Orange County List of Certified Archaeological Consultants. CA- Ora -167: Locus B • Because of the suspected disturbed nature of Locus B, as approved archaeologist shall be present during the initial grading phase at the location previously identified as that of Locus B. If a significant subsurface deposit is uncovered during the grading, the project applicant shall be prepared to have the material evaluated and if need be permit the introduction of a limited test- level investigation. 17. That prior to issuance of grading permits for any construction on the Newport Village site, a paleontological records search shall be conducted by a qualified paleontologist to determine whether proposed activities would adversely affect scientific resources which may exist on the subject property. . -36- COMMISSIONERS 4 L MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 18. That prior to the issuance of a grading permit, the project applicant shall provide written evidence to the City of Newport Beach that a qualified paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre- grading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily hahing or redirecting work to permit sampling, identification, and evaluation of the fossils. N major paleontological resources are discovered, which require long -term halting or redirecting of grading, the paleontologist shall report such findings to the project developer and to the City of Newport Beach. The paleontologist shall determine appropriate actions, in cooperation with the project developer, which ensure proper exploration and/or salvage. Excavated finds shall be offered to the City of Newport Beach, or its designee, on a first- refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and/or display them at the time, in which case items shall be donated to the City, or designee. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the City of Newport Beach. Prior to the issuance of a precise grading permit, the paleontologist shall submit a follow -up report for approval by the City which shall include the period of inspection, a catalogue and analysis of the fossils found, and present repository of the fossils. B. General Plana Amendment Na 95 -2(C) Adopt Resolution No. 1414 recommending to the City Council approval of GPA 95 -2(C), to redesignate the property for Retail and Service Commercial use and establish the permitted intensity of development;. -37- COMMISSIONERS 9 \ MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX C. Amendment No. 835 Adopt Resolution No. 1415 recommending to the City Council approval of Amendment No. 835, the proposed changes to the Newport Village Planned Community District Regulations. D. TralTic Study No. 101 Accept and approve with the following findings and conditions: Findinas: 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 L-18. 2. That the Traffic Study indicates that the project- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any w4or," primary- modified,' or'primar/ 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 seventeen of the nineteen study intersections, but that fifteen of the seventeen will not exceed the 0.90 ICU threshold value and will operate at acceptable levels of service for both peak periods. 4. That the remaining two intersections will be mitigated with the implementation of programmed improvements at the intersections of MacArthur Boulevard at San Joaquin ITills Road and MacArthur Boulevard at San Miguel Drive, which will reduce the ICU values of the p.m. peaks to well under the 0.90 threshold, and are therefore not considered a significant impact. • -38- COMMISSIONERS 4 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Conditions: 1. That per the Traffic Phasing Ordinance (TPO) Analysis, no significant project unpacts are identified. Currently scheduled and fully -fimded projects will be completed prior to or at project occupancy to offset any project impacts. 2. That the developer shall find a proportionate share of the improvanents required to mitigate the project impacts at the intersections on MacArthur Blvd. at San Mnguel and MacArthur Boulevard at San Joaquin iT& Road. This condition will be considered fiilflled through the CIOSA frontage improvement contribution listed in the CIOSA agreement f.>r MacArthur Blvd. between Coast Highway and San Joaquin Hills Road. F. Site Plan Review No. 74 Approve the site plan review, making the following findings and with the following conditions of approval: Findines: 1. That the proposed action is part of the project evaluated in the Environmental Impact Repot prepared for GPA 95- 2(C)(Amendment No. 835/Traffic Study No. 101. That Divirornnental Impact Report adequately addresses the potential environmental impacts of the project, and satisfies all the requirts of CEQA. The Env®nrural Impact Report reflects the independent judgment of the Planning Commission and was reviewed and considered prior to recommending approval of the project. 2. That development of the subject property in the Newport Village Planned Community District will not preclude implementation of specific General Plan objectives and policies. . -39- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 3. That the value of property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bully, inappropriate placement of structures and f dare to preserve where feasible natural landscape features, open spaces, and the like, resulting in the impairment of the benefits of occupancy and use of existing properties in such area 4. That benefits derived from expenditures of public funds for improvement, acquisition and beautification of streets, parks, and other public faalities are maximized by the exercise of reasonable controls over the layout and site location characteristics of the proposed development. 5. That unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. 6. That the proposed development fully conforms to the established development standards for the Newport Village Planned Community District, as recommended for City Council approval by the Planning Commission in Amendment No. 835. 7. That the development is compatible with the character of the neighborhood and will contribute to the orderly and harmonious development of surrounding properties and the City. 8. That the development has been designed to maximize protection of public views from MacArthur Boulevard and Avocado Avenue. 9. That there are known archeological or historical resources on -site and appropriate mitigation measures have been included in the Environmental Impact Report minimize the adverse effects. 10. That there are no cnvironnientally sensitive areas on -site. . -40- 4 COMMISSIONERS 011\P0Q0\1<1 mor\ MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 11. The property does not contain any areas of unique geologic hazards. 12. That the proposed project will meet City noise standards for the development. 13. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are fiuxxional m that the project has been designed so as to lurut vehicular access to the site from Avocado Avenue and MacArthur Boulevard. 14. The development is consists with sunuunding land uses and with the goals and policies of the General Plan as recommended for City Council approval by the Planning Commission in GPA 95 -2(C). 15. Mechanical equipment and trash areas will be screened fiom view. 16. 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. 17. That public improvements may be required of a developer per Section 20.01.070 of the Municipal Code. 18. The approval of the proposed project will not, under the caraunstances 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 detrital or injurious to property and improvements in the neighborhood or the general welfare of the city. 19. That Site Plan Review No. 74 will not become effective unless and until General Plan Amender 95 -2(C), Traffic Study No. 101 and Amendment No. 835 are approved by the City Council. -41- COMMISSIONERS 4 l9� o iRly!�� MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX Conditions: 1. That the proposed development shall be in substantial compliance with the approved site plan, floor plans and elevations, except as noted below. 2. That all conditions of approval of Amendment No. 835 and Traffic Study No. 101 and related mitigation measures of the err hawnelrtal document shall be filled. 3. That as indicated in Section 4.8.1 of the Draft EIR No. 154, development of the 10 -acre site is subject to the height restrictions imposed by the City's View Plane Ordinance No. 1596. In accordance with that ordinance, neither building heights nor the heights of landscape features shall penetrate the imaginary plane extending over the site as illustrated on Exhibit 4.84 of the Draft EIR No. 154. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a grading or building permit prior to completion of the public improvements. 6. That each building be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 7. That the. City's Public Works Department shall review and approve completed water utility plans prepared by the Applicam's engineer to ensure that accurate water demands have been used to calculate facility sizing within the development. -42- COMMISSIONERS 4 4 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 8. That the on -site parking, vehicular circulation and pedestrian► circulation systems be subject to fimther review by the Traffic Fingineer. 9. That the intersection of the private drives and Avocado Avenue be designed to provide si& distance fix a speed of 45 miles per hour and that the intersection of the private drive and MacArthur Boulevard be designed to provide sigh distance for a speed of 50 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sigh distance reWirements. Landscaping within the sigh line shall not exceed twenty -fow inches in hei&. The sight distance requumient may be modified at non- critical locations, subject to approval of the Traffic Engineer. 10. That easements for public utilities be dedicated to the City where needed 11. 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. 12. That a pedestrian circulation plan be approved by the Public Works Department. The plan shall, as a min muni, include connections to Avocado Avenue, Coast Highway and MacArthur Boulevard. 13. That County Sanitation District fees be paid prior to issuance of any budding permits. 14. That street, drainage and utility improvements be shown of standard improvment plans pied by a licensed civil engineer. 15. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any grading or building permits. Any modifications or extensions to the existing storm drain, water -43- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX and sewer system shown to be required by the study shall be the responsibility of the developer. 16. That the Water Capital Improvement fee be paid 17. That final design of any structures within the project area shall provide for the incorporation of water - saving devices for the project lavatories and other water -using facilities. 18. That the El Paseo Storm Brain system shall be completed before the project Applicant is permitted to occupy the project site as proposed, unless otherwise approved by the Public Works Department. 19. That prior to issuance of any grading or building permits for the site, • the applicant shall demonstrate to the sausfaction of the Public Works Department and the Planning Department that adequate sewer fatalities, wastewater treatment capacity, will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District No. 5 and the City's Utilities' Department. 20. That the Public Works Department plan check and inspection fee be paid. 21. That any Edison transformers serving the site be located outside the sigh distance planes as descriled in City Standard 110-L. 22. Disruption caused by soiustrnudion work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flag,nen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction Lion storm or delivery of materials within the MacArtim Boulevard, East Coast Eiighway or Avocado Avenue rights -of -way. Prior to issuance of any grading Permits, a parking plan for workers must be submitted and approved by the Public Works Department. . -44 COMMISSIONERS 4 04 oc�9W9°h,wrx MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 23. That any overhead utilities sewing the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergroundiog is unreasonable or unpractical. 24. That the proposed project shall participate in the City-wide municipal recycling program, subject to approval of the General Services Department. 25. That a fire protection system acceptable to the Fue Department be installed by the developer and tested by the Fire Departnetit prior to storage of any combustible materials or start of any structural framing, unless otherwise approved by the Fire Department. • 26. That all the mitigation measures of the Traffic Study shall be fulfilled. 27. That vehicular access to the Central Urary be provided at all times that the library is open. 28. That any library parking spaces impacted by the project shall be replaced to the satisfaction of the Community Services and Public Works Departments. 29. That the final design of the site shall eliminate or minium the offsets in the perimeter aisle of the parking lot, unless otherwise approved by the City Traffic Engineer. 30. That the developer shall fired a proportionate share of the improvements required to mitigate the project impacts at the intersections on MacArtlwr Blvd. at San Miguel and at San Joaquin Eft Road. This condition will be considered fulfilled through the CIOSA frontage improvement contribution listed in the CIOSA agreement far MacArthur Blvd. between Coast highway and San Joaquin Ms Road. -45- COMMISSIONERS •Tti� <9oc ������ L MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 31. That a traffic signal be installed by the developer at the Avocado Ave main entrance prior to occupancy of any portion of the project, occupancy of any buildings prior to completion of the signal installation shall be subject to approval of the Public Works Department. 32. That the signage program shall be subject to further review and approval by the public Works Department for sot distance. 33. That on-site fire hydrants shall be required for the project to the satisfaction of the City Fire Department. 34. That an on -site underground fire main with Fire Department connection located on Avocado Avenue shall be required. 35. That each building shall be fine sprinidered and subject to review and approval by the Fire Department. 36. That fire sprinkler activation alert to all occupants, shall be provided in all buildings. Further that the site access, fire alarm and detection system, occupancy and exiting requirements shall be subject to review and approval by the Fire Department (Concurrent with the City's plan review and permit approval process). 37. That addressing shall be from the maim access street, Avocado Avetue, unless otherwise approved by the Fire Department and Planning Department. The Fire Department shall approve the addressing plan for the project, as well as the location and size of address numbering visible fiom the public streets (if necessary, superseding the provisions set forth in the Newport Village planned Community District Regulations). 38. That Fire La= shall be provided within the project and the location shall be subject to the review and approval of the Fire Department. -46- COMMISSIONERS 4 �0� �`01 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 39. That Knox Boxes shall be provided within the site for access by emergency response vehicles. 40. That all exterior areas shall be lit with a minimum of one foot candle power of lighting at ground level, evenly distributed (based on Newport Beach Police Department recommendations as reasonable amount lighting for security) 41. That doors and windows shall contain adequate safety locks to deter burglaries and vandalism (based on Newport Beach Police Department recommendations as reasonable for security). 42. 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. 43. 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. 44. That the project shall comply with Title 24 (of the California Administrative Code pertaining to energy conservation requirements) energy-efficient design regulations as well as the provision of window glazing, wall insulation, and efficient ventilation methods in accordance with Uniform Building Code requirements. 45. 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. 47 COMMISSIONERS 4 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 46. That the project Applicant will adhere to the recommendations of and perform the supplemental geotechmcal analysis described in the geotechnical investigation (NMG Geotechnical, 1995) as a condition of project approval. 47. That the Applicant will comply with the erosion and siltation control measures of the City's grading ordinance and all applicable local and State building codes and seismic design guidelines. 48. 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. ' 49. 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. 50. 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. 51. The velocity of concentrated run -off from the project site shall be evaluated and erosive velocities controlled as part of the project design. 52. 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. 53. The erosion control measures shall be completed on any exposed slopes within thirty days after grading, or as approved by the Building Department. -48 COMMISSIONERS t �k4omok MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 54. 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. 55. Prior to the issuance of any building permits a specific soils arm foundation study shall be prepared and approved by the Building Department. 56. 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 surcharging 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 satisaction 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. 57. 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. Berms or other catchment devices shall be incorporated into the.grading plans to divert sheet Sow 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. • -49 COMMISSIONERS •yob <yc�F�� MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 58. 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 plaided with vegetation upon completion of.grading. Conformance with this measure shall be verified by the Building Department prior to the issuance of occupancy permits. 59. 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 surfrcial 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. 60. Prior to the issuance of grading permits, written recommendations for the mitigation of compressiblelcollapsible 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 plans to the satisfaction of the Building Department. Recommendations shall be based on surface and subsurflice mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible%ollapsible 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 report shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the Building Department. 61. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the -50- COMMISSIONERS Tys 9� 0 F i MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 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. 62. 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. Thegeotechnical consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil engineer and shall be completed to the satisfaction of the Building Department prior to issuance of a grading permit. 63. 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. 64. Prior to the issuance of any grading permit, the design engineer shall verify that the discharge of surface runoff from develop- ment 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 off from the project shall be evaluated; and erosive velocities controlled as part of the final project design. . -31- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX This report shall be reviewed by the Planning Department and approved by the Building Department. 65. Erosion control measures contained in the erosion siltation and dust control plan shall be implemented on any exposed slopes within 30 days alter grading, or as otherwise directed by the Building Department. 66. 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. 67. 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. 68. 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 Budding Department. a. An approved material such as straw, wood chi plastic or similar materials shall be used to mbilize 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 bads. .-52- COMMISSIONERS L I \0 K% MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 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 topsoils in areas of concentrated runoff. 69. Prior to the issuance of grading permits, the project geoteehnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right - of-way divers (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. 70. 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 approved by the Public Works and Building Departments concurrent with review and approval of grading Pte• 71. 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. 72. 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 . -53- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 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. 73. 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 char- acteristics, and receiving water information (Generally, this is required for any construction activity over five acres in area). 74. As required by the General Construction Permit, the project shall develop and implement a Stormwater Pollution Prevention Plan ( SWPPP), including inspection of stormwater controls structures and pollution prevention measures. The SWPPP shall be implemented concurrent with the.beginning of the constructiwr activities, and the plan shall be kept on site. 75. 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 stormwater 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 ' -54- COMMISSIONERS 4 MINUTES CITY OF NEWPORT BEACH November 9. 1995 ROLL CALL INDEX Reduction in the amount of directly connected impervious area (DC1A) 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. 76. Non - Structural BMW 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 Controlling washdown of non- stormwater 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 area for trash receptacles, or enclosed features to prevent direct contact with precipitation . Efficient landscaping irrigation Common area litter control -55 4 MINUTES CITY OF NEWPORT BEACH November 9. 1995 ROLL CALL INDEX Housekeeping of loading docks. All non - structural BMPs shall meet the approval of the Public Works Department. 77. 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 pewit 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 stormwater 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. 78. Prior to issuance of a grading permit, the final plan of water, sewer 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 otherwise provided for through an agreement with the property owner or serving agency. 79. SCAQMD Rule 403, which requires that "... every reasonable precaution (is taken) to minimize fugitive dust emissions ..." from grading operations to control particulate emissions, mall be implemented during the grading and construction phase. Standard dust control practices dictated by SCAQMD Rule 403 shall be followed. 80. Adherence to SCAQMD Rules 431.1 and 431.2 which require the use of low sulf r fuel for stationary construction equipment. 1 -56- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 81. The applicant shall specify the use of concrete, emulsified asphalt, or asphaltic cement, none of which produce significant quantities of VOC emissions. 82. Any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level as specified in the Noise Ordinance Regulations of the Newport Beach Municipal Code. 83. Any mechanical equipment and emergency power generators shall be screened from view of residential properties, public streets (to the greatest extent possible, as determined by the Planning Director) and the public Library, and noise associated with said installations shall be sound attenuated in accordance with the Noise Ordinance Regulations of the Newport Beach Municipal Code. The latter shall be based upon the ' recommendations of a licensed engineer practicing in acoustics, and shall be approved by the Planning Department. 84. 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. The City will ensure that construction time limits are enforced for the duration of construction activity on the project site. 85. 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. Prior to the issuance of a certificate of use or occupancy, the applicant shall demonstrate to the Planning Department that the 1 _57- 4 COMMISSIONERS 9 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX lighting system is designed, directed, and maintained in such a manner as to conceal the light source and to mmunize light spillage and glare to the neighboring residential uses, properties and the Newport Beach Central Library . The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter fiam the engineer stating that, in his opinion, this requirement has been met. Upon submittal of the lighting plan and signage plan to the Piancring Department, the applicant shall also submit concurrently to the Harbor View Idills Community Association for review and comment which will then forward mommneodations to the Planing Department for possible incorporation into the approval. 86. 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 iauthority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of find. B. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop m that area of the subject property until an appropriate data recovery program can be developed and implemented. The cast of such a program shall be the responsibility of the landowner and/or developer. I 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. t -58 COMMISSIONERS 4 :4 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX 87. 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. 88. 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. 89. 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. 90. A qualified paleontologist shall be retained to monitor and, if necessary, salvage scientifically significant fossil remains. 91. The paleontologist shall have the power to temporarily divert or direct grading efforts to allow the evaluation and any necessary salvage of exposed fossils. 92. Monitoring shall be on a fill -tine; basis during grading in geologic units of high paleontologic sensitivity. 93. S pot - checking of low sensitivity sediments shall be conducted by a qualified paleontologist. Should significant fossils be observed . ' -59- COMMISSIONERS L MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX during grading in these units, full -time monitoring may be required. 94. All collected fossils shall be donated to a museum approved by the City of Newport Beach Planning Department. 95. 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 j sent to the appropriate Lead Agency. 96. Prior to approval of a grading permit, grading specifications for the project shall require the following to the satisfaction of the Building Department: 97. All trash on the site shall be disposed of properly. ' A. Creosote treated power poles shall be removed and disposed of properly upon relocation, per the recommendations of the environmental remediation engineer. B. Any abandoned septic tanks systems encountered during grading shall be disposed of properly, per City of Newport Beach requirements. 98. 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, 99. That this Site Plan Review shall expire Mess exercised within 24 months from the date of approval as specified in Section 20.01.070 K of the Newport Beach Municipal Code. 100. That traffic volumes or Dips geamerated by the MacArthur Boulevard access drive to the project fiicility, will be excluded fiiom the calculation of traffic volume which require the widening of ' -60- COMMISSIONERS f MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX MacArthur Boulevard to six lanes, as outlined in the Circulation Elm of the General Plan. 101. That the MacArthur Boulevard access drive shall be relocated to a point southerly of the intersection of MacArthur Boulevard and Harbor View Drive, as reflected on the approved sRe plan, and shall be limited to tight -turn ingress only. ss• SUBJECT: Kenneth J. Catsnzarite Item 5 352 Hazel Drive Resubdivision No. 1019 RESUB 1 Rembdivision of an existing single family lot and a portion of a commercial ' parcel into three parcels, two for single family residential development and Deniea one for commercial development. This Item was taken out of order and considered ahead of Item No. 4.' Staff had no additional cots to make. Public Hearing was f)pgrt�. Mr. Kenneth J. Catanzarite, 1 Canyon Court, Newport Beach - agreed to the conditions and findings in the staff report. Commasioner Thomson asked if the applicant had worked out this resubdivi m with the adjacent property owner and come to terms with them on this entire issue. Mr. Catanaarite stated he has an agreerrrent in principle and that it is being circulated.. The City's attorney has approved the language involving the City, aril Mr. Ca mmante has been m cotrtact with both the 113EW and their counsel and with Mr. Todd who is the developer for Mr. Thomas. The agreement is expected to be concluded tomorrow or by Monday morning. ' -61- 019 COMMISSIONERS iiinc,"w, MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX The indication was that the resubdivision was approved subject to the adjacent property owner suing offon the settlement document. Mr. Herbert Melman, owner of parcel on beach side immediately adjacent to the proposed subdivision spoke in opposition to this project. When these properties were purchased, the implication was that these win for single family residences. Now, this proposal is to turn one generous lot into two small, inadequate lots. The greatest amount of land within those boundaries is actually non-liuildable property on the slope into Buck Cully. In order for the proposed house to be built on the gully side of the subdivision, there would be very Rde flat land space for perking or turn around. His property is adjacent and he is building one residence only having to use all the space for that single construction. This rembdivision is an inappropriate use of space and feels the value of other homes on street will be decreased. In order for this land swap to occur, it will require some changes in the ' landscape buffers for the Summerhouse project. The landscape buffers toward the gully and neighborhood across the gully will have to be redesigned. He is opposed to this rembdivision. However, if this I mwbdivision is approved by the Commission; he is asking for adequate landscape buffers to be required in order to eliminate neighborhood impacts. He indicated on the map, the retaining wall and his adjacent property in relation to the buildable land. Chairman Ridgeway asked about the size of the land from the 85 ft. level up to the backside of Parcel 1 and what is the buildable area? The applicant's a ngine r was not present, and Mr. Catanzarite was unable to answer the questions. Chairman Ridgeway asked if there would be any problems with extra buffeting. Mr. Catanaanite said he had no problem accommodating Mr. Melman as A is not his intention to reduce landscaping. Summerhouse is interested in the project as it will provide light and or to their Iowa unit that would normally have been down in the hole below grade to the north of Mr. Catanzarite's property line. He pointed out that there is a concession that the Summerhouse project called for, a view corridor. Mr. Catanzarite's buildable lot at the 85 ft. contour would have 1 _62_ COMMISSIONERS 9i '' MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX permitted construction into the view corridor and blocking same The concession with Summerhouse is that Mr. Catanzarite will agree to a height restriction that will preserve the view corridor which the City wanted. Mr. Dan Wiseman, 336 Haze( Drive - spoke in opposition of the subdivision. He stated that this subdivision would result in an inappropriate use of the property and that the sizes of the proposed residential parcels would not be consistent with the residential properties within the . surrounding nhood. He Rather stated that the applicant I requesting a General Plan Ambit so that he can acquire 6 1/2 fcet from Surmnediouse so this project could go forward. The lot line dispute with Summerhouse is being leveraged against the City . He then compared his lot and residence size to the krt and residence sizes Mr. Catanzarite is proposing. The also is the issue of a separation wall between a residential and commercial property that would result in a site Impact Coming out of the parcel's easemera for the driveway. Parcel 2 as a condition would have ' to have fire sprin klem indicating it is too far from the fire hydrant or there is a concession due to a lack of turn around at the end of the property. Assistant City Attorney Clauson addressed the issue of conformity. This application is part of or in oonjunction with litigation and the concept is that in connection with that ligation, the City would participate uy with the stipulation the Court that would result in a court order conformnlg the new boundaries between the residential and Commercial use. This Court order would order that this would be Considered in Conformity with the General Plan zoning. The court has jurisdiction over our zoning as far as settlement, if the City agrees. Therefore, a formal General Plan Amendment initiated by the City is not needed. This resubdivision has been worked through with staff and the City attorney's office. Mr. Stanley Barons, neighbor two doors down - addressed the Commission stating that when he first looked into this area to buy, he looked at the lot Mr. Catanzarite is proposing the resubdivision on .Mr. Barons stated that the lot goes straight down the hill (50 to 600/9) and is unacceptable to build on 1-Iis own lot is about 6,500 sq. ft. with a 3,500 sq. ft. house plus a 440 sq. ft. garage. He then handed to the Commission pictures of the lot in ' -63- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX question. He spoke on environmental and turn around issues, stating tins lot is the one exception. The issue of devaluation worst be considered. Public Hearin was Closed. Commissioner Adams asked staff where the line was for the front yard set back. He was answered that k is along the common line between the two parcels. One of the follow up actions, if approved, would be to a4* the districting maps to establish set backs on the second parcel. Chairman Ridgeway asked f)r the consequences if this was not approved. If the Planning Commission does not approve, the applicant has the right to appeal the action to the City Council. If not approved by the City Council, the City being involved in the lawsuit would be affected in the settlement. The City is involved because it was served with the lawsuit due to its previous approval of the Summerhouse project. Commissioner Selich stated this was not an appropriate lazed use of this property. Fnot for the lawsuit, he would reject it out of hand. Commissioner Thomson spoke in favor of those two homes on the parcel to buffer the neighborhood from the Snunmehouse project. Mr. C*amante is working out differences with the lot lines. Commissioner Thomson stated he is in favor of this rembdivision stipulating that the City would be removed from the law suit if this is allowed. Motion Commissioner Pomeroy stated that this was not good planni g Regardless of the law suit made motion to deny. Chairman Ridgeway also commented that this was poor planning and therefore was in opposition to this resubdivision. Absent * MOTION CARRIED. 1 No, 1 Absent and 5 Ayes. Noes Ayes Planning Commission recessed for five rnwartes. s *a • -64 COMMISSIONERS • 9 4 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX SUBJECT: City of Newport Beach Item 6 Coast Highway, West and Superior Avenue • General Plan AtneKhnent No. 95 -1(A) GPA 95 -1 (A and • Local Coastal Program hand Use Plan Amendment LCPLUPA 41., No. 41 Amend the Land Use Element of the General Plan and the Local Coastal Continued t- Program Land Use Plan to (1) Redesignate a residual parcel located on the 12/7/95 northeast corner of the intersection of Coast 11ghway, West and Superior Avenue from Governmental, Educational, and Institutional Facilities to Recreational and Environmental Open Space; (2) add an area description for the Cal Trans Res" Parcel; and (3) increase the residential development allocation for the Cal Trans West Property by 8 dwelling units ' to a total of 160 dwelling units. Continued to need Planning Commission meeting on December 7, 1995. ••• SUBJECT: City of Newport Beach Item 7 • General Plan Amendment No. 95 -1(B) GPA 95 -1(B) and _ • Local Coastal Program Plan Use Plan Amendment LCPA 42 No. 42 Amend the Land Use Foment of the General Plan and the Local Coastal Continued t Program Land Use Plan to allow the Planning Commission and City 12/7/95 Council to determine pemitted residential density and commercial intensity based on parcel size Prior to right -of -way dedications or acquisitions. Continued to next Planning Commission meeting on December 7, 1995. i • ■ ' -65- COMMISSIONERS 4 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL INDEX CALL ADDITIONAL BUSINESS: Additiona Business a.) City Council Follow -up - A verbal report by the Assistant.Cey Manager regarding City Council actions related to planning - none. b.) Verbal report from Plamiing Commission's representative to the Economic Development Committee - Application Number 3, ' Mailattaru Bagel", was approved on October 19, 1995 by the Planning Department. Application Number 4, by Dan Barrett, was approved on November 2, 1995 by the Planning Department.. c.) Verbal report from Planning Commission's representative to the Economic Development Committee - none. (L) Verbal report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - none. ' e.) Matters which a Planning Commissioner would tike staff to report on at a subsequent meeting - none. f.) Matters which a Planning Commissiotia may wish to place on a future agenda for action and Staff report - none. g.) Requests for excused absences - none. h.) Discussion of Staff report format - none. i.) Discussion of holiday festivities - Chairman Ridgeway will work with Ms. Temple ADJOURNMENT: 1:00 a.m. Adjournme sus MICHAEL KRANZLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -66-