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HomeMy WebLinkAbout11/10/1994COMMISSIONERS �'dA°drClocfn�d dr Nd CITY `OF NEWPORT BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: November 10 1994 ROLL CALL INDEX Present * * * * * * * All Commissioners were present. sss EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Clauson, Assistant City Attorney William R. Laycock, Current Planning Manager Patty Temple, Advance Planning Manager Don Webb, Public Works Director Dee Edwards, Secretary . Minutes of October 20, 1994 Minutes of Commissioner Ridgeway requested that page 15 of the October 20, 10/20/94 1994, minutes be corrected to state Commissioner Ridgeway commented that Fashion Island parking requirements would not meet the discounters parking requirements. - Motion * Motion was made and voted on to approve the corrected October Ayes Abstain * * * * * * 20, 1994, Planning Commission minutes. MOTION CARRIED. s s s Public Comments: Public Comments No one appeared before the Planning Commission to speak on non- agenda items. s t : CITY OF NEWPORT BEACH MINUTES RW ROLL CALL !7 INDEX Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, November 4, 1994, in front of City Hall. Use Permit No 1905 (Amended) (Public Hearing) Item No. Request to amend a previously approved use permit which UP1905A Approved permitted the establishment of George's Camelot Restaurant with on -sale beer and wine and an outdoor eating area on property located in the RSC -H District. The proposed amendment involves a request to expand the existing restaurant into an adjoining commercial space which was previously occupied by a take -out . restaurant. The proposal also includes a request to waive any additional required off- street parking. LOCATION: Parcel 1 of Parcel Map 59 -17 (Resubdivision No. 416), located at 3420 Via Oporto, on the northeasterly side of Via Oporto, between Central Avenue and Via I1do, in Lido Marina Village. ZONE: RSC -H APPLICANT: Lido Marina Village, Newport Beach OWNER: Same as applicant In response to a question posed by Commissioner Ridgeway, James Hewicker, Planning Director, explained that the application is a request to expand George's Camelot Restaurant and to change the operational characteristics of the restaurant. Commissioner Adams commented that there may be parking implications if the expansion was not for overflow use only. i -2- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 1), 1994 ROLL CALL INDEX Commissioner Edwards and Mr. Hewicker discussed the feasibility of adding a Consent Calendar to the Planning Commission Agenda for the purpose of processing items similar to the subject request when staff is unable to determine appropriate findings for denial. The public hearing was opened in connection with this item. There being no one to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to continue Use Permit No. 1905 (Amended) on the basis that no one appeared before the Planning Commission on behalf of the applicant inasmuch as the Commission had questions concerning the expansion of the restaurant. Substitute Commissioner Ridgeway made a substitute motion to approve Use Motion * Permit No. 1905 (Amended) subject to the findings and conditions in Exhibit "A". . The public hearing was reopened and Mr. Walter Heim, architect, 365B North Newport Boulevard, appeared before the Planning Commission on behalf of the applicant. Mr. Heim indicated that he had not read the findings and conditions in Exhibit "A", and, therefore, the Planning Commission requested that Item No. 1 be discussed after Agenda Items No. 2 and No. 3 to allow Mr. Heim additional time to review Exhibit "A". Motion * Motion was made and voted on to continue Item No. 1 following All Ayes Items No. 2 and No. 3. MOTION CARRIED. Following the public hearings of Items No. 2 and No. 3, Mr. Heim reappeared before the Planning Commission. Mr. Heim concurred with the findings and conditions in Exhibit "A". In response to a question posed by Mr. Hewicker, Mr. Heim stated that the restaurant's expansion would be used on a regular basis during the winter months when the outdoor eating area would not be available, and for large dinner parties. He said that handicap restrooms would also be available. • 3- CITY OF NEWPORT BEACH MINUTES 10 1994 ROLL CALL , nND EX There being no others desiring to appear and be heard, the public hearing was closed at this time. substitute The substitute motion was voted on to approve Use Permit No. Motion 1905 (Amended) subject to the findings and conditions in Exhibit k11 Ayes "A ". MOTION CARRIED. Findings: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. . 3. That adequate parking exists to serve the subject restaurant. 4. That the design of the project or proposed improvements will not conflict with any easements acquired by the public at large or access through or use of property within the proposed development. 5. That the waiver of the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking spaces will not be detrimental to adjoining properties. 6. The approval of Use Permit No. 1905 (Amended) under the circumstances of this case will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • -4- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Novemher 0, 1994 ROLL CALL INDEX Conditions: 1. That the subject project shall be in substantial conformance with the approved location plan and floor plan, except as noted below. 2. That all previous applicable conditions of approval of Use Permit No. 1905 and 1905 (Amended), as approved by the Planning Commission on April 19,1979, September 24, 1981 and October 7, 1993, respectively, shall be fulfilled. 3. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. • 4. That all restaurant employees shall park their vehicles in the Lido Marina Village Parking Structure. S. That the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking spaces shall be waived. 6. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. 7. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of any building permits or the use of the expanded portion of the restaurant. 8. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this -5- CITY OF NEWPORT BEACH MINUTES November 11% 1994 R LL CALL INDEX use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 9. 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. Use Permit No. 3499 (Amended) Public Hearing) Item No.. Request to amend a previously approved use permit which UP3499A Approved permitted the establishment of a full service graphic design studio which also includes an instructional facility specializing in print advertising design, on property located in the Newport Place Planned Community. The proposed amendment involves a request to permit additional students, and to expand the facility into existing vacant office areas within the building which will be used for a library, a lecture room, and two additional classrooms. LOCATION: Parcel 2 of Parcel Map 61 -9 (Resubdivision No. 423) located at 3901 MacArthur Boulevard, on the northwesterly comer of MacArthur Boulevard and Jamboree Road, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Platt College, Anaheim, Inc., Newport Beach OWNER: Nikko Capital Corp., Newport Beach The public hearing was opened in connection with this item, and Mr. Bill Lockwood, applicant, appeared before the Planning Commission. Mr. Lockwood concurred with the findings and conditions in Exhibit W. -6- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 10� 1994 ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. lotion * Motion was made and voted on to approve Use Permit No. 3499 X11 ayes (Amended) subject to the findings and conditions in Exhibit W. MOTION CARRIED. Fin in : 1. That the proposed development is consistent with the General Plan, and is compatible with surrounding land uses. 2. That the number of parking spaces provided is adequate for the proposed design studio and instruction facility. 3. That the establishment, maintenance or operation of the . use of the property or building will not under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions 1. That the expanded school facility shall be operated only in conjunction with a design studio, and that the development shall operate in accordance with the following conditions. 2. That the use of the facility shall be consistent with the approved plot plan and floor plan. 3. That the total number of students and employees shall not exceed 110 persons in the building at any one time. Any -7- COMMISSIONERS .201.\10MONNWilook\ CITY OF NEWPORT BEACH MINUTES [t LL CALL ttdDEX additional increase in the number of people shall be subject to approval of an amendment to this use permit. 4. That the applicant shall maintain at least 56 parking spaces in the parking lot located immediately adjacent to the facility at all times that the facility is in operation. 5. That all employees shall park their vehicles on -site at all times. 6. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 7. This 24 use permit shall expire unless exercised within months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit 3543 (Public Hearing) item No. Request to permit the establishment of an automobile repair UP3543 facility on property located in the M -1 -A District. Approved LOCATION: Lot 24, Tract No. 5169, located at 4222 Campus Drive, on the southeasterly side of Campus Drive, between Dove Street and MacArthur Boulevard, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Naim Malik, Tustin -8- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Nnveml�r 11) 100d ROLL CALL INDEX OWNER: Donald R. Lawrenz Sr., Newport Beach, (Long term Lessee) James Hewicker, Planning Director, reviewed the subject application. He said that subsequent to when the application was filed, the Planning Commission received a letter from David Bradburno, representing E. W. Spinney, Jr. dated November 9, 1994, indicating that Mr. Spinney, property owner, objected to the filing of the use permit; however, the parties leasing the property have 30 years remaining on the lease. Mr. Hewicker suggested that the issue be addressed between the lessee and the property owner. Mr. Hewicker also discussed a letter dated November 10, 1994, from W. N. Shattuck Inc., the property owner of adjoining property located at 4242 and 4262 Campus Drive, the site of a proposed car rental facility. The letter states that the adjoining property owner . has an easement across the subject property that would provide vehicular access to Birch Street. Mr. Hewicker explained that when the Planning Commission approved the use permit for the subject automobile rental facility, it was approved with a chain link fence around three sides of the property. Mr. Hewicker advised that the plan for the car rental facility does not indicate a driveway or access to the subject property which would allow the rental facility to have access to Birch Street. He suggested that the issue be resolved between the two parties. Mr. Hewicker stated that the space between abutting properties could be closed off so as to provide additional Parking Spaces No. 7 and No. 8 on the plot plan. If the area would be left open, the parking spaces would not be provided. Discussion followed between the Planning Commission and staff with respect to Mr. Hewicker's foregoing comments. The public hearing was opened in connection with this item, and Mr. Frank Malik, 4360 Campus Drive, and Mr. Frank Lawrence, attorney for the applicant, 4340 Campus Drive, appeared before the Planning Commission. Mr. Lawrence stated that a precedent has been set at three sites on Campus Drive for automobile uses -9- COMMISSIONERS •pi Ao� c � $s'�p CITY OF NEWPORT BEACH MINUTES ROLL CALL SEX similar to the subject request. He concurred with the findings and conditions in Exhibit "A ". Commissioner Gifford addressed the aforementioned letter from Mr. Spinney, Jr. indicating concerns that the proposed use could cause accidental contamination, and she asked if the existing lease precludes the lessee from applying for a permit for a different use. Mr. Lawrence responded to the negative. Mr. Malik replied that there would be a disposal for the oil, etc. that is picked up every two weeks, and there would be no contamination on the property. In response to a question posed by Commissioner Edwards, Mr. Stan Hassan, 4222 Campus Drive, attorney representing the long term lessee, Donald R. Lawrenz, appeared before the Planning Commission to address the concerns regarding the easement. He expressed doubt that an easement exists at the rear of the subject property and the property located on Birch Street, and he said that . the property owner that owns the Campus Drive building also owns the Birch Street building. He said that an arrangement could be made to eliminate the foregoing two required parking spaces and to relocate the two parking spaces on the Birch Street side of the easement. In reference to the proposed parking plan, Mr. Hassan stated that the existing parking area has substantially more parking spaces than the proposed parking area. The number of parking spaces would be reduced with the establishment of the car rental agency on the adjoining property inasmuch as a fence would be constructed along the common property line which would eliminate access to some of the existing parking spaces on the subject property. There is an easement by reservation to The Irvine Company on the property between 4242 Campus Drive and 4222 Campus Drive. He said that until such time as the fence is built, substantial parking would be available, and he suggested that the parking area not be restriped until the parking spaces are eliminated. Mr. Hewicker stated that if there would be a mutual easement between the subject property and the adjoining property, and the rental automobile agency is not able to construct the fence along -10- CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX the common property line, then the conditions of approval would not be complied with in Use Permit No. 3530 that permitted the automobile rental facility. Mr. Hassan emphasized that the required number of parking spaces would be in compliance with the subject use permit. There being no others desiring to appear and be heard, the public hearing was closed at this time. lotion * Commissioner DiSano made a motion to approve Use Permit No. X11 Ayes 3543 subject to the findings and conditions in Exhibit 'W'. He suggested that the private matters be addressed by private attorneys. Motion voted on, MOTION CARRIED. Findings: . 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. 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. 3. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 4. That, with the restriping of the subject parking lot, adequate parking will exist on -site to serve the automobile repair facility and the other tenants. 5. That the establishment of the subject business will not have any significant environmental impact. 6. That the approval of Use Permit No. 3543 will not, under the circumstances of this case, be detrimental to the health, • -11- L COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That all improvements be constructed as required by Ordinance and the. Public Works Department. 3. That the on -site parking configuration shall be restriped so as to provide parallel parking along the northeasterly side of the subject building, and that the existing access to the property to the southeast shall be closed and additional parking spaces shall be provided in its place. The revised on -site parking plan and vehicular and pedestrian circulation systems shall be subject to further review and approval of the City Traffic Engineer. 4. That the ingress and egress to the subject property shall be one -way and shall be clearly identified by markers and signage as approved by the City Traffic Engineer. 5. That all repair and service activities, including the storage of auto parts, shall be located inside the building. 6. That all mechanical equipment and trash areas shall be screened from adjacent properties as well as from Campus Drive. 7. That no vehicle waiting for service shall be parked outside of the building for a period longer than twenty -four hours unless it is in the process of being serviced. No vehicle -12- COMMISSIONERS AOL CITY OF NEWPORT BEACH MINUTES imp—, NmWem–be-r 40, 1994 ROLL CALL INDEX shall be considered to be in process of being serviced for a period longer than one week. 8. That the approval of this application shall permit minor engine and electrical repair, tune -ups, oil and filter changes, transmission service, installation of water pumps, fan belts, radiator hoses, and the rotation of tires. No painting, detailing, body work or other operations of a similar nature shall be permitted on -site unless an amendment to this use permit is approved by the Planning Commission. 9. That the applicant shall make all necessary alterations to the existing structure as required by the Building Department and the Fire Department so as to comply with Section 503 of the Uniform Building Code. 10. That no car washing shall be permitted on the site unless . an amendment to this use permit is approved by the Planning Commission. 11. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 12. That all employees shall park on -site at all times. 13. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 14. 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. i t i -13- CITY OF NEWPORT BEACH MINUTES November I ), 1994 1W ROLL CALL INDEX Variance No. 1201 (Public Hearinel Item No. Request to permit the construction of a single family dwelling v1201 which exceeds the maximum allowable height in the 24/28 Foot Height Limitation District on property located in the R -1 District. Approved The height of the proposed dwelling will not exceed the height of the top of curb on Ocean Boulevard. The proposal also includes a modification to the Zoning Code so as to allow the proposed dwelling to encroach 10 feet into the required 10 foot front yard setback adjacent to Ocean Boulevard; and the acceptance of an environmental document. LOCATION: Lot Tract No. 1257, located at 3619 ,15, Ocean Boulevard, on the southerly side of Ocean Boulevard between Orchid Avenue and Poinsettia Avenue, in Corona del Mar. ZONE: R -1 APPLICANT: Charles L. Howell, Laguna Beach OWNER: William H. Parker, Newport Beach The public hearing was opened in connection with this item, and Mr. Charles Howell, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. lotion * Motion was made and voted on to approve Variance No. 1201 .11 Ayes subject to the findings and conditions in Exhibit "A ", and the revised environmental findings provided in the addendum to the staff report. MOTION CARRIED. • -14- MINUTES ! Tlr%F r%W WTT. tiTDADT 1MtM a ry A a va aI"VV A va. A ua Aa as Nownabor 1 D, 1994 MW ROLL CALL INDEX A. Environmental Document: Accept the environmental document, maldng the following findings and imposing the following mitigation measures: 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment; therefore, a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration reflects the independent judgement of the Planning Commission and was reviewed and considered prior to approval of the project. • 2. An Initial Study has been conducted, and considering the record as a whole, there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 7535(c) of Title 14, CCR. 3. The mitigation monitoring requirements of Public Resources Code Section 21081.6 will be met through required compliance with applicable codes, standards, mitigation measures, and conditions of approval adopted in connection with the project. The Mitigation Monitoring and Reporting Program for the project is attached to the Negative Declaration and is hereby adopted. -15- COMMISSIONERS %7NM0N\0\1'Q0k CITY OF NEWPORT BEACH MINUTES Nwomber 10, 1994 ROLL CALL INDEX Mitigation Measures: 1. Prior to issuance of a grading or building permit, the applicant shall demonstrate to the Planning Department and Building Department that construction operations shall utilize methods to reduce pollutant emissions to the greatest extent feasible. Such methods may include, but may not be limited to, the following: a) Use of low - emission construction equipment; b) Rideshare . program and incentives for construction employees; c) Suspend grading operations during first and second stage smog alerts; . d) Maintain construction equipment with properly tuned engines; e) Use of low - sulfur fuel for stationary construction equipment; f) Use of on -site power instead of portable generators; g) Coordinate construction operations to minimize traffic interference. 2. Prior to issuance of a grading or building permit the applicant shall demonstrate to the Planning and Building departments that all appropriate structural and non - structural best management practices will be incorporated into the project as required by the National Pollutant Discharge Elimination System (NPDES) Drainage Area Management Plan. • -16- COMMISSIONERS � %JV11+-001QkkVnZ\tr CITY OF NEWPORT BEACH MINUTES ROLL CALL IMEX 3. Prior to the issuance of any building permit, the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the. light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied. 4. Prior to issuance of a grading permit, the applicant shall demonstrate to the Planning Department that the project will comply with Council Policies K -5 and K -6 regarding archaeological and paleontological resource investigation, surveillance . and recovery. B. Variance No. 1201. the subject variance with the following findings and subject to the following conditions: Findings: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district inasmuch as the subject property maintains a very steep slope which is significantly different than the other lots on the upland side of Ocean Boulevard. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed building is of comparable or lesser height to other buildings on the bluff side of Ocean Boulevard. -17- COMMISSIONERS IN �k)n CITY OF NEWPORT BEACH MINUTES R L CALL VINDEX 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances . of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 4. That the modification to allow the proposed building encroachments within the ten foot front yard setback, will not under the circumstances of the case, be detrimental to the health, safety,. peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare . of the City, and further that said modification is consistent with the legislative intent of Title 20 of the Municipal Code. 5. 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. 6. That public improvements may be required of the developer per Section 20.82.050 of the Municipal Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans, elevations and sections, except as noted below. 2. That the applicant shall provide verification during the course of construction that the proposed development fully complies with the approved plans. Required verification • -18- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX shall be prepared and certified by a licensed land surveyor or civil engineer prior to final inspections of rough framing. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That a standard agreement and accompanying surety be provided 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. 5. That no grading of the slope within the Ocean Boulevard rigbt -of -way shall take place which will reduce the usable area at the top of slope adjacent to Ocean Boulevard, and that the existing public walkway presently located along the Ocean Boulevard frontage shall stay in its present location. • 6. That be an encroachment agreement executed and approved by the City Council to provide for the construction and maintenance of retaining walls and other improvements to be constructed within the Ocean Boulevard right -of -way. 7. That a barrier or railing be constructed at the top of any retaining walls higher than thirty (30) inches. 8. That the existing sewer located along the northerly property line be relocated to the satisfaction of the Utilities Department. A sewer plan shall be prepared by a registered civil engineer and shown on the City's standard plan and profile sheets. An easement for sewer facilities shall also be provided for the new sewer main if deemed necessary by the Public Works Department. 9. That the proposed roadway slope be evaluated by a geotechnical engineer to determine the impact of constructing a retaining structure with recommendations as • -19- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Nmzenlber 10, 1994 ROLL CALL INDEX to the maximum allowable slope and the general stability of the area. 10. That County Sanitation District fees be paid prior to issuance of any building permits. 11. That the Public Works Department plan check and inspection fee be paid. 12. 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. 13. That maintenance of the vehicular access to Ocean . Boulevard is the responsibility of those residences taking access from the drive and the City shall not be requested to perform maintenance of the drive. 14. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of building permits. 15. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. •-20- CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX rAA-.Use Permit No. 3517 (Continued Public Hearing) Item No.. Request to permit the establishment of a 24 hour Taco Bell drive - UP3517 through, take -out restaurant facility, with indoor and outdoor TS 99 ancillary seating, on property located in the RSC -H District. The proposal also includes: a request to waive a portion of the Approved required off -street parking spaces; a modification to the Sign Code so as to allow two free standing pole or ground signs where the Sign Code permits only one free standing sign per building site; and an exception to the Sign Code so as to allow a restaurant logo on the special purpose directional signs, whereas the Sign Code prohibits such logos on directional signs; and the acceptance of an environmental document. AND . B. Traffic Study No. 99 (Continued Public Hearing) Request to approve a traffic study in conjunction with a drive - through, take -out restaurant facility on property located in the RSC -H District. LOCATION: Lots 48 through 53 and a portion of Lot 54, Tract No. 1210, located at 1400 West Coast Highway, on the northerly side of West Coast Highway, across from the Balboa Bay Club. ZONE: RSC -H APPLICANT: Taco Bell Corp., Irvine OWNER: City National Bank, Los Angeles Chairman Glover stated that the memorandum from the City Attorney's Office dated November 4, 1994, explained that there would not be a conflict of interest if she participated in the subject public hearing; however, she elected to step down from the dais at the Planning Commission level because of the controversy -21- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX surrounding the issue. Commissioner Ridgeway stepped down from the dais because of a possible conflict of interest. James Hewicker, Planning Director, discussed the letter from the Police Department dated November 2, 1994, that is attached to the staff report. The Police Department recommends that the hours of operation be the same as McDonald's Restaurant on West Coast Highway, or be limited between 6:00 a.m. and 11:00 p.m. daily, and if a 24 hour operation would be approved that a uniformed private security guard be on the premises from 11:00 p.m. to 6:00 am. The Police Department recommends that a 1 foot -candle of illumination at ground level be evenly dispersed throughout the parking lot; that no loudspeakers be allowed on the property; and that the parking lot be chained and secured. He said that conditions were added to the staff report subsequent to the October 6th Planning Commission meeting as follows: Condition No. 25 was amended in revised Exhibit "A" to require • that there be an employee with a remote order unit during peak hours of operation; added Condition No. 47 stating that there would be no logo on the retaining wall; and added Condition No. 48 recommending that the retaining wail be constructed with a stucco type surface with integral color or of masonry block with no surface treatment. Mr. Hewicker also addressed the aforementioned memorandum from the City Attorney's Office concerning a possible conflict of interest. Mr. Hewicker stated that the hours of operation at McDonald's Restaurant located on West Coast Highway are from 6:00 a.m. to 1:00 am. during the summer months Monday through Thursday and from 6:00 a.m. to 2:00 a.m. Friday and Saturday; and the rest of the year, the hours of operation are from 6:00 a m. to 11:00 p.m. Sunday through Thursday and from 6:00 a.m, to 12:00 midnight Friday and Saturday. Commissioner Pomeroy addressed the applicant's request for a 24 operation wherein he stated that the applicant previously indicated that they would be willing to mitigate the residents' concerns by closing the parking lot and the indoor dining room, and only -22- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Novefabef 1994 -0, ROLL CALL INDEX allowing the drive- through traffic so as to eliminate the concerns regarding noise and activity in the parking lot. Commissioner Pomeroy and Commissioner Edwards discussed the need for a security guard if the take -out restaurant would be operated as previously stated by the applicant. In response to a question posed by Commissioner Adams with respect to the lighting and the chained parking lot, Mr. Hewicker stated that the Police Department requested that the parking lot lighting be sufficient to enable them to readily observe the parking lot, and the residents requested that the lights not be visible from their residences located on the bluff. William Laycock, Current Planning Manager, replied that the recommendation is that the parking lot would be chained only if the take -out restaurant would be completely closed during specific hours at night. Mr. Hewicker and Commissioner Adams discussed the circulation of the parking lot and the parking spaces that would be chained off. • In response to a question posed by Commissioner Pomeroy, Mr. Hewicker stated that a uniformed security guard is not required to be located on the McDonald's Restaurant premises. Commissioner Pomeroy and Commissioner Edwards discussed the Police Department's request for a uniformed security guard if the Planning Commission would approve a 24 hour operation. Mr. Hewicker stated that subsequent to when McDonald's Restaurant's application was approved, the Police Department has taken a keen interest in the City's restaurant operations. He said that parking lots where take -out restaurants are located can become attractive to young adults, and the intent of the Police Department is to prohibit the use of the parking lot as a gathering place when the businesses are closed. In response to a question posed by Acting Chairman Gifford with respect to Condition No. 9, revised Exhibit "A'; Don Webb, Public Works Director, explained that one foot candle power would be considered a very low light level but adequate to observe a parking lot. • -23 COMMISSIONERS ,0� °����0 ���''�o CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX The public hearing was reopened at this time, and Mr. James Person appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in the revised Exhibit "A", and with Mr. Hewicker's aforementioned comments. He agreed with Commissioner Pomeroy's comments regarding the uniformed security guard during the hours of 11:00 p.m. and 2:00 a.m. The one -foot candle power would reflect a minimum amount of light for safety purposes, and the restaurant usually installs a six-foot candle power of light. In response to the comparison of the Jack -In -The -Box Restaurant and Carl's Jr. Restaurant, Mr. Person stated that the take -out restaurants are located in shopping centers, and the disturbances occurred in the parking lots of the shopping centers and not because of the take- out restaurants. Taco Bell is committed to be a good corporate citizen and the restaurant would resolve the problem if one would arise. . In response to a question posed by Acting Chairman Gifford, Mr. Person replied that in the event that the Planning Commission would grant the 24 hour operation and the dining area would be closed, the applicant would be willing to chain the parking lot as required. In response to a question posed by Commissioner Adams, Mr. Person replied that the applicant requested a 24 hour operation; however, the applicant would consider a 5:00 a.m. opening and closing hours similar to McDonald's Restaurant. In response to questions posed by Commissioner Edwards, Mr. Person explained that "a non - spillage six-foot candle is used by the take -out restaurant for liability purposes. Commissioner Pomeroy supported extended operating hours similar to McDonald's Restaurant during the summer months of 5:00 a.m. to 1:00 a.m. Sunday through Thursday, and from 5:00 a.m, to 2:00 a.m. Friday and Saturday, and if the take -out restaurant would prove to be a good citizen to the residents, the • -24- � CITY OF NEWPORT BEACH MINUTES Nwrember 1), 1994 R LL CALL INDEX applicant could come back to the Planning Commission with a request for a 24 hour operation. Mr. Person stated that a daily 2:00 a.m. closing would make the operation more economically feasible. Commissioner Edwards stated that he would support the hours of operation similar to McDonald's Restaurant, and that Condition No. 50, revised Exhibit "A ", requiring a uniformed private security guard, be eliminated. Commissioner Adams asked if the take -out restaurant would close the dining room earlier than 1:00 a.m, or 2:00 am. Mr. Person stated that in the event the Planning Commission would approve hours of operation from 5:00 a.m. to 2:00 a.m. seven days a week, the applicant would be willing to close the dining room and the parking lot at 11:00 p.m Ms. Barbara Yeager, 1401 Kings Road, appeared before the Planning Commission. She stated that 14 residents on Kings Road and the Cliff Haven Community Association have requested that the hours of operation be limited to the same operating hours as McDonald's Restaurant. She requested that the Planning Commission approve the Police Department's recommendations. She pointed out that the Taco Bell Restaurant located at the corner of Newport Boulevard and 17th Street in Costa Mesa is open 24 hours a day. The Police Department's comments are a direct result of the negative impact of 24 hour restaurants and fast food establishments, i.e. 54 calls to the Jack -In- The -Box Restaurant and 55 calls to McDonald's Restaurant since the beginning of 1993. Mr. John Sturgess, 601 Cliff Drive, appeared before the Planning Commission. He stated that the community does not oppose Taco Bell or a business that is requesting to be a part of Mariner's Mile; however, it needs to be confirmed and understood that the residents would be immediately impacted by the take -out restaurant. He addressed the Police Department's memorandum; and he requested that the Planning Commission consider the • -25- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 0 1994 ROLL CALL INDEX implication that the hours of operation would have on the residents' security. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner DiSano expressed his approval of the applicant's request for a 24 hour operation; however, he also recognized the residents' concerns. Commissioner Pomeroy stated that the potential.for disturbances are related to the parking lot and the outdoor dining area as opposed to the drive -thru restaurant. He suggested longer operating hours, but to restrict the dining room to close at 11:00 p.m. and to eliminate Condition No. 50, Exhibit "A ': That a uniformed, private security guard be on duty between the hours of 11:00 p.m. and 6:00 am. daily. That the private firm have adequate direction from the business owner on policies relating to private . persons' arrests for trespassing and disturbance of the peace. Motion * Motion was made to approve Use Permit No. 3517 and Traffic Study No. 99 subject to the findings and conditions in revised Exhibit "A", with the following modifications to Use Permit No. 3517: Amend Condition No. 3 as follows: the operating hours be restricted from 5:00 a.m. to 2:00 a.m.; the dining room be closed from 11:00 p.m. to 2:00 a.m. and the parking lot be cordoned off from 11:00 p.m. to 5:00 a.m., with a plan to be approved by the City Traffic Engineer; and eliminate Condition No. 50. Commissioner Edwards made a substitute motion to approve Use Substitute Permit No. 3517 and Traffic Study No. 99 subject to the findings Motion * and conditions in Exhibit "A", and to amend Condition No. 3, Use Permit No. 3517, as follows: open for business from 6:00 a.m. to 1:00 a.m. Sunday through Thursday, and from 6:00 a.m. to 2:00 a.m. Friday and Saturday during the summer months; from 6:00 a.m. to 11:00 p.m. Sunday through Thursday, and from 6:00 a.m. to 12:00 midnight Friday and Saturday during the rest of the year; and to eliminate Condition No. 50. • -26- COMMISSIONERS ��<G�l'nCli�O�P. dr 9 EL f Tgrvxr nim T#JV1I71Pn1Pgr RF A (`N MINUTES November 10, 19% ROLL CALL INDEX Acting Chairman Gifford supported the substitute motion on the basis that the operating hours are appropriate. She stated that the operating hours would be a satisfactory compromise between the interests of the residents and the needs of the business. Commissioner Adams stated that offering an extension to 2:00 a m throughout the year with the dining room closed would mitigate the residents' concerns. He determined that with the parking lot chained off and the dining room closed after 11:00 p.m. each night that there would be a better guarantee that there would be less disturbance in the area. Commissioner Pomeroy supported the original motion inasmuch as it would be a better environment for the neighbors if the dining room would be closed. Ayes * * Substitute motion was voted on, MOTION DENIED. * ** t * * Commissioner DiSano stated that if there would be problem regarding the operation, the residents should immediately contact Code Enforcement so as to address the neighbors' concerns. Condition No. 43, revised Exhibit "A ", states that the Planning Commission.... may add to or modify conditions of approval of this use permit, and the Planning Commission may recommend revocation.... of this use permit upon a determination that the operation of the take -out restaurant causes injury or is detrimental to the health, safety, peace, or general welfare of the community. In response to questions posed by Commissioner Edwards, Commissioner Adams explained that the proposed operating hours in the original motion were based on the applicant's concession from their original request of 24 hours; that 5:00 a.m. would allow patrons to stop for coffee; and extended hours to 2:00 am. would allow business in the drive -thru restaurant. Ayes No * Original motion was voted on, MOTION CARRIED. Absent 0 -27- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES R LL CALL INDEX A. ENVIRONMENTAL DOCUMENT: Findines: 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 7535(c) of Title 14, CCR. 3. That during the course of construction, pollutants from machinery, delivery trucks, and workers' vehicles would be released. That in addition, dust would be generated by earthmoving and construction operations. That the following mitigation measures incorporated below are required in order to reduce these impacts below the level of significance. • -28- COMMISSIONERS "INIMINMON\07\�§ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 4. That it is conceivable that the proposed Taco Bell operation would exceed allowable noise limits in the adjacent residential neighborhood, if no mitigation were incorporated into the design of the project. That through proper design (e.g., orientation and enclosure of the -drive- through menu ordering board), equipment(e.g., menu -order speakers), and restrictions on hours of operation, the noise level could be reduced to comply with County standards. That in order to ensure that the proposed project would be designed and equipped so that noise levels are not increased, the following mitigation measures have been incorporated below and that the adoption of these requirements as conditions of approval on the project would ensure that no significant noise impacts are generated. 5. That the proposed project could produce light and glare • that could adversely affect nearby residential properties. The primary external light would consist of decorative lighting features around the new building, directional signs and security lighting as required. That the following mitigation measures incorporated below, would ensure that any exterior lighting is designed such that potential impacts from nuisance glare would not be significant. 6. That although there is an existing 15 -foot high retaining wall along the eastern 30 feet of the site, the new proposed retaining wall could have a significant adverse effect on the aesthetics of the bluff unless mitigated with landscaping to soften its appearance. That the following mitigation measure incorporated below will reduce this potential impact below the level of significance. • -29- COMMISSIONERS ��� �f� o � CITY OF NEWPORT BEACH MINUTES w=mber 10, 1994 ROLL CALL INDEX MITIGATION MEASURES: 1. All grading activities shall comply with the dust suppression provisions of the City's Grading and Excavation Code (NBMC Sec. 1S.04.140) and AQMD Rule 403. 2. Construction operations shall utilize methods to reduce pollutant emissions to the greatest extent feasible. Such methods include the following: a) Use of low - emission construction equipment b) Rideshare program and incentives for construction employees . c) Suspend grading operations during first and second stage smog alerts d) Maintain construction equipment with properly tuned engines e) Use of low - sulfur fuel for stationary construction equipment f) Use of on -site power instead of portable generators g) Coordinate construction operations to minimize traffic interference 3. That prior to issuance of a building permit, a detailed noise analysis report shall be prepared describing the noise generation potential for the project based on the detailed project design, noise attenuation features, and equipment specifications. The report shall demonstrate that the project will not exceed allowable noise levels as described • -30- ���tnp0 C�' �OlL�is I CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX in the County of Orange Noise Control Ordinance with respect to the residential properties adjacent to the project site. The report shall be subject to review and approval by the Planning Director. 4. That prior to the issuance of any building permit, the applicant shall demonstrate to the Building Department that the lighting system has been designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. That the plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied. 5. That prior to issuance of a grading or building permit, a detailed landscaping and irrigation plan prepared by a . licensed landscape architect or landscape contractor shall be reviewed and approved by the Planning and Building Departments. That the plan shall include appropriate plant materials of sufficient size to partially obscure the retaining wall from view and blend visually with the natural slope. That examples of appropriate plant materials may include, but not limited to, bougainvillea (planted above the wall so as to cascade down the wall face) and creeping fig (planted at the base of the wall). That prior to issuance of a certificate of occupancy, landscaping and irrigation shall be installed according to the approved plan. B. TRAFFIC STUDY NO 99: FINDINGS: 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 15.40 of the Newport Beach Municipal Code and City Policy S -1. • -31- COMMISSIONERS � 41 Of"f��`U�,o�O CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 2. That the Traffic Study indicates that the project- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major,' 'primary- modified,' or 'primary' street. 3. That the Traffic Study indicates that the project- generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour peak period on five of the six study intersections and that the ICU analysis for the intersection of West Coast Highway and Tustin Avenue, indicates that the ICU values of 0.87 in the A.M. Peak and 0.73 in the P.M. Peak, will not be altered beyond an acceptable level of service upon the addition of the project. C. USE PERMIT NO. 3517: . 3 Findings: 1. With the exception of on -site parking, the project will comply with all applicable City and State Building Codes and Zoning requirements for new buildings applicable to the district in which the proposed project is located. 2. As conditioned, the proposed project use is consistent with all elements of the General Plan and is compatible with surrounding land uses. 3. That the proposed retaining wall is consistent with the policy interpretation requiring that the siting of new buildings and structures sball be controlled and regulated to insure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and the alteration of natural landforms along bluffs and cliffs has been minimized to the greatest extent practical, given the fact that the subject property is severely constrained by the extension of the bluff which narrows the lot depth and which necessitates relocation of the existing retaining wall. • -32- CITY OF NEWPORT BEACH MINUTES November'0, 1994 ROLL CALL INDEX 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. That the proposed restaurant is expected to generate nearly 1,400 trips per day. Approximately 760 of these trips will specifically be traveling to this restaurant, with the remaining trips coming from motorists already on West Coast Highway for another reason. This is a 1.5% increase in existing traffic. Increases of 1% or greater are considered significant increases in traffic and therefore, will contribute to the need for the widening of West Coast Highway. 7. That the waiver of the take -out restaurant development standards as they relate to a portion of the perimeter fencing and a portion of the required parking (10 parking spaces) will not be detrimental to adjacent properties inasmuch as, in the absence of the West Coast Highway widening, the permittee will provide all but one of the required parking spaces, and approximately 50% of the patrons will use the drive - through facility. 8. That adequate provision for traffic circulation is being made for the drive- through and take -out restaurant facility. 9. That the proposed modification so as to allow four wall signs where the Sign Code permits only three walls signs per building site will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and further that the proposed • -33- COMMISSIONERS �01�°c � o 9 �o 7k, CITY OF NEWPORT BEACH MINUTES November A 1994 ROLL CALL INDEX modification is consistent with the legislative intent of Title 20 of the Municipal Code. 10. That the approval of Use Permit No. 3517 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and generat welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted in the following conditions. 2. That a lot line adjustment to combine the lots into one . building site, shall be processed and recorded prior to issuance of grading or building permits, unless otherwise approved by the Planning Department . and the Public Works Department. 3. That the hours of operation of the proposed facility shall be restricted between 5:00 a.m. and 2:00 a.m.; that the dining room be closed between 11:00 p.m. and 2:00 a.m.; that the parking lot be cordoned off between 11:00 p.rrL and 5:00 am. with a plan to be approved by the City Traffic Engineer. 4. That the service of any alcoholic beverages in conjunction with the take -out restaurant facility is prohibited unless an amended use permit is approved by the City. 5. That the proposed landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. • -34- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 10, 1994 ROLL CALL INDEX 6. That landscape plans shall be subject to review and approval of the City Traffic Engineer, Planning Department and the Public Works Department. 7. That a minimum of 48 off -street parking spaces (including 10 spaces in the drive - through lane) shall be provided on- site until such time as West Coast Highway is widened to its Master Plan configuration. Upon the implementation of the widening of West Coast Highway, the property shall be restriped to provide 29 parking spaces and space in the drive- through lane sufficient to accommodate 10 vehicles. 8. That all employees shall park their vehicles on -site. 9. That the parking lot of the premises shall be equipped with fighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. This requirement shall include a report from a qualified lighting engineer, certifying the parking lot is illuminated at a minimum level of one foot candle power, evenly dispersed, measured at ground level. 10. That the development standards pertaining to the wall along the westerly side property line and a portion of the required parking spaces (10 spaces) for the take -out restaurant shall be waived. 11. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer prior to issuance of any grading or building permits for the subject facility. 12. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. . -35- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES R LL CALL INDEX 13. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress. 14. That only three wall identification signs, one 25 foot high (100 sq. ft. per face) pole sign, and one drive- through menu sign located on the West Coast Highway side of the building (the fourth wall sign) shall be permitted, in conjunction with the take -out restaurant. No signs shall be permitted on the northerly side of the building facing the bluff. 15. That the proposed directional signs shall not exceed 6 sq.ft. and shall not include the restaurant name or logo. 16. That the proposed pole sign located within the dedication . area be positioned so that sight distance is maintained in accordance with the City's sight distance standard 110 -L. 17. That a trash removal program shall be developed by the applicant acceptable to the Planning Department. That the program shall include provision for cleaning the on -site parking area every 30 minutes for trash. In addition, the applicant shall be responsible for regularly scheduled pick- up of trash in the area surrounding the restaurant facility. 18. That the driveways shall be designed in accordance with City Standard 166 -L and that the intersection of West Coast Highway and the private drives be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping and signs 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. • -36- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 14. That the unused drive aprons be removed and replaced with curb, gutter and sidewalk and that the deteriorated and displaced sections of sidewalk be reconstructed along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transportation 20. That the headlight glare from the drive- through lane shall be screened from. view of westbound traffic on West Coast Highway by use of landscaping or other device acceptable to the City Traffic Engineer. 21. That all improvements be constructed as required by Ordinance and the Public Works Department. 22. 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. 23. That the owner shall execute an Irrevocable Offer of Dedication, the form and content of which are to be approved by the City Attorney and Public Works Director, for 12 feet of right -of -way for street and highway purposes along the West Coast Highway frontage of the property. The offer shall be executed and recorded prior to the issuance of any building permit. The agreement shall be executed by the owner of the property and the applicant for the permit shall include the following provisions: that the irrevocable offer of dedication shall be for 20 years from the date of approval of the subject use permit; that the City or other agency shall not accept the dedication until such time as funds have been programmed for the construction of the widening of West Coast Highway; that the building setback shall be a minimum of 17 feet (12 foot irrevocable offer plus 5 foot setback for landscape purposes, unless otherwise approved by the Public Works Department) from -37- 110 .n0� disco CITY OF NEWPORT BEACH MINUTES C� 1994 -01 ROLL CALL INDEX the existing West Coast Highway property line; that buildable area be based on the parcel areas including the area subject to the offer of dedication; and that the implementation of this plan be provided for in the recorded dedication agreement. 24. That permittee shall execute an encroachment agreement pursuant to which permittee is authorized to use the area described in the irrevocable offer of dedication for parking purposes until such time as West Coast Highway is widened. 25. That the drive - through facility shall be operated in such a manner that vehicles will not be allowed to block access driveways. This shall be monitored at all times by the applicants' representatives at the site. An employee with a remote order unit shall be used during peak hours of . operation to expedite the orders so there will not be back- ups in the stacking lane onto West Coast Highway. If back- ups occur, the incoming customers shall be directed to bypass the drive- through facility. If a traffic congestion problem occurs on West Coast Highway related to the drive- through facility that is not immediately corrected, the Planning Commission may recommend to the City Council revocation of this Use Permit. 26. That a drainage study be prepared by the applicant and approved by the Public Works Department prior to issuance of any grading or building permits. Any modifications or extensions to the existing storm drain, shall be the responsibility of the developer. 27. That a surface drainage collection system shall be installed on the bluff side of the proposed and existing retaining walls, to collect all tributary drainage and to convey it by private underground storm drain to West Coast Highway, unless otherwise approved by the City Grading Engineer or Building Department. • -38- its f�hp Id�sr0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 28. That a comprehensive soil and geologic investigation report of the subject property and the adjacent bluff shall be submitted for review to the City Grading Engineer prior to issuance of building or grading permits. This report shall include the evaluation of the present and future gross surficial stability of the slope located at the rear of the site. A condition survey report regarding the existing retaining wall shall also be performed and submitted prior to issuance of building or grading permits. 29. That all grading be done in accordance with grading plans and reports approved by the City Grading Engineer or Building Department and a qualified soils engineer. Upon completion of the grading, the civil engineer and the soils engineer shall certify that the grading has been completed in accordance with the plans and the requirements of the grading ordinance. . 30. That the applicant shall execute an indemnity agreement approved as to form and content by the City Attorney holding the City harmless from any future liability or damages resulting from any soil slippage resulting from the grading on the site, pursuant to the requirements of the Land Use Element of the General Plan as relates to Coastal Bluffs. 31. That the development of site shall be subject to a grading permit to be approved by the Building Department, Public Works Department and Planning Departments. 32. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 33. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and • -39- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX sweeping programs designed to minimize impact of haul operations. 34. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 35. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the. completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. . 36. That 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. There shall be no construction storage or delivery of materials within the state right -of -way.. 37. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 38. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. The mechanical equipment shall be sound attenuated to 55 dBA measured at the property lines. 39. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. i-40- COMMISSIONERS l+i7`v nF N1+ ,tI7Pn12T RFAf`Ti MINUTES W ROLL CALL WD EX 40. That grease interceptors shall be provided on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 41. That exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building , Department. 42. That one restroom for each sex shall be provided and shall be made readily available to patrons of the facility during all hours of operation. Said restroom facilities shall be accessible to the handicapped. 43. That the Planning Commission, or City Council on review or appeal, may add to or modify conditions of approval to . this use permit, and the Planning Commission may recommend revocation of, and the City Council may revoke, this use permit upon a determination that the operation of the take -out restaurant causes injury or is detrimental to the health, safety, peace or general welfare of the community. 44. Permittee shall comply with all provisions of the Newport Beach Municipal Code, applicable County ordinances, and relevant provisions of State law. Any violation of the Newport Beach Municipal Code, applicable County ordinance or relevant State law shall be the basis for revocation of this Use Permit. 45. The mitigation measures imposed in conjunction with approval of the environmental document (negative declaration) shall be conditions of approval to the Use Permit. 46. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section i -41- COMMISSIONERS tiN\(t\\V CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 20.80.090 A of the Newport Beach Municipal Code. 47. That no logo or surface feature shall be permitted on the retaining wall. 48. That the retaining wall be a stucco type surface with integral color or be constructed of masonry block with no surface treatment, and that the surface or type of masonry used shall extend throughout the entire wall. 49. That the menu board speaker shall be installed on the West Coast Highway side of the building so as to minimize noise impact to the adjoining residential properties. No other loudspeakers other than the menu board speaker shall be utilized in conjunction with the proposed operation. . 50. Deleted. The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. Use Permit No. 3429 (Amended) Continued Public Hearing) item No. Request to amend a previously approved use permit that permitted UP3429 the construction of a hand car wash and detailing facility which Approved also permitted the sale and dispensing of gasoline, on property located in the RSC -H District. Said approval also allowed a portion of the proposed building to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District. The proposed amendment involves a request to allow the sale of soft drinks and pre - prepared food items for customers and employees in conjunction with permitted retail sales on the property; and a request to permit a background type music system in the outdoor customer seating area. The proposed amendment also includes a request to approve an off -site parking agreement for employee and • -42 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Novenber-'A, 1994 ROLL CALL INDEX additional overflow parking on the adjoining Marakesb Restaurant property. LOCATION: Parcel No. 1, Parcel Map 282/40, 41 (Resubdivision No. 988), located at 1200 West Coast Highway (car wash site); and Lots 37 and 38, Tract No. 1210, located at 1100 West Coast Highway (off -site parking lot), on the northerly side of West Coast Highway, across from the Balboa Bay Club. ZONE: RSC -H APPLICANT: Warren Levy, Newport Beach OWNER: Golden Empire Trading Company, Corona del Mar • James Hewicker, Planning Director, requested that the Planning Commission consider the food service, the screening of the washing, drying, and detailing of automobiles that occur on the site, and the elimination of the music system that was installed in the outdoor customer seating areas. The applicant is not prepared to discuss additional parking off -site; however, staff would continue to monitor the problem. In response to questions posed by Commissioner Adams, Mr. Hewicker explained that breaks in the curb separating the abutting properties would be needed if and when the applicant secures the use of the off -site location for employee parking. Commissioner Adams and Mr. Hewicker discussed the access to the adjoining property. The public hearing was reopened at this time, and Mr. Jerry King, 979 Sandcastle Drive, Corona del Mar, appeared before the Planning Commission on behalf of the applicant. Mr. King concurred with the findings and conditions in Exhibit "A ". Mr. King stated that the applicant would come back to the Planning . -43- COMMISSIONERS t • CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commission with an off -site parking agreement in the near future so as to bring the use permit in compliance with the conditions of approval. In response to questions posed by Chairman Glover and Commissioner Adams, Mr. King replied that there is no food preparation for sale on site. The outdoor speaker system would be eliminated on the sides and at the rear of the building, and the two outdoor speakers would remain at the front of the building. The current operating hours of the car wash and detailing facility are from 8:00 a.m. to 6:00 p.m. daily. Mr. Hewicker stated that the City has had problems over the years with paging devices, etc. being used out of doors along West Coast Highway inasmuch as the speakers have been a nuisance to the adjacent residents, and in conclusion he said that staff opposes the outdoor speakers. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3429 (Amended) subject to the findings and conditions in Exhibit "A ". Substitute Substitute motion was made and voted on to approve Use Permit Motion * No. 3429 subject to the findings and conditions is Exhibit "A ", with Ayes * * * * * * the substitute Finding No. 7 and Condition No. 8 provided in the No * staff report to deny the introduction of the outdoor speaker system. MOTION CARRIED. Fin in : 1. That the proposed development is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. 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. . -44- COMMSSIONERS CITY OF NEWPORT BEACH MINUTES November 10, 1994 ROLL CALL INDEX 3. That public improvements may be required of a developer per Section 20.80.060 of the Newport Beach Municipal Code. 4. That adequate parking will exist on -site to serve the car washing /auto detailing, the incidental food service use and related retail use. 5. That without a formal off -site parking arrangement, the expansion of the on -site detailing operation cannot be accommodated and necessitates scaling back to the previously approved configuration of the car wash and detailing facility. 6. That the establishment of the proposed food service use in conjunction with the car wash facility will not have any significant environmental impact. • 7. That the approval of Use Permit No. 3429 (Amended) for the addition of the food service use will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. However, the addition of the use of the proposed outdoor music system will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and may establish a precedent for other similar uses in the future. Conditions: 1. That the development shall be in substantial conformance with the approved plot plan, and floor plan, except as noted • -45- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 10, 19% ROLL CALL MMEX below. 2. That all previously applicable conditions of approval of Use Permit No. 3429 (Amended) shall remain in effect except as conditioned below. 3. That the introduction of underground gasoline tanks and retail gasoline sales is prohibited unless an amendment to this use permit is approved by the Planning Commission 4. That all car wash equipment, including containers for the storage of towels, vacuum cleaners, detailing equipment, trash containers and other mechanical equipment shall be screened from West Coast Highway and adjoining properties. 5. That landscaping shall be utilized to minimize the visual • impact of the detailing and washing /drying activities located on the property to the satisfaction of the Planning Department. Said landscaping shall measure a minimum of 4 feet in height adjacent to the front property line along West Coast Highway and shall be installed in accordance with plans approved by the Planning Department and shall be permanently maintained. The landscaping shall be designed so that sight distance is maintained adjacent to the driveway in accordance with the City's sight distance Standard 110-L. 6. That the automobile detailing operation shall be scaled back to the original level as approved by Use Permit No. 3429 (Amended) as approved on March 19, 1992 and shall not he expanded until such time as an amendment to this use permit is approved and a formal off -site parking arrangement is first approved by the Planning Commission. 7. That at least 8 parking spaces shall be provided on -site for customers or employees. No washing, drying, or detailing -46- CITY OF NEWPORT BEACH MINUTES November 10 1994 ROLL CALL INDEX of automobiles shall be permitted in said parking spaces at any time. 8. That the use of outdoor loudspeakers for paging or outdoor speakers for music shall be prohibited. 9. That the indoor and outdoor seating shall be limited to use by employees or by customers having their automobiles washed or detailed and shall not be available to the general I public. 10. That the entire site shall be maintained in a clean and orderly manner. . 11. That the outdoor sale or display of cellular phones, coffee drinks, food items or other merchandise shall be prohibited. 12. That the hours of operation of the food service use shall be • limited between the hours of 8:00 a.m. and 6:00 p.m., daily and shall only be open while the car wash facility is in operation. 13. That the cleaning of automobile engines shall not be permitted unless the detailing area maintains a drain which is connected to the sewer system and has a grease trap. The design and installation of the above facilities shall be approved by the Utilities Department. 14. That the Planning Commission shall review this application on January 5, 1995 to ensure that the applicant has complied with all the conditions of approval required by the City. If the applicant has failed to comply with all of the conditions of approval, the Planning Commission may consider setting a public hearing, recommending to the City Council the revocation of Use Permit No. 3429 (Amended). i-47- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 15. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. 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. A. Tentative Map of Tract No. 15012 (Public Hearing) Item No.' Request to subdivide 26 acres of land into 119 numbered lots for single family detached residential development;1 numbered lot for public park purposes and 22 lettered lots for public open space, TTM15012 SPR 71 private open space, private streets and future public street Approved purposes; and the acceptance of an environmental document. AND B. Site Plan Review No. 71 (Public Hearing) Request to approve a Site Plan Review for the development of 119 single family detached dwelling units and 0.8 acres of private open space on property located in the Upper Castaways Planned Community. LOCATION: A portion of Lot 2, Tract No. 1125 and a portion of Lot 165, Block 53, Irvine's Subdivision, located at 900 Dover Drive, on the southeasterly side of Dover Drive, between West Coast Highway and Westcliff Drive. • -48 COMMISSIONERS IL CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX ZONE: P -C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant Patty Temple, Advance Planning Manager, reviewed the proposed development for the Upper Castaways property. The development would be the first project to proceed under the terms and agreements contained in the Circulation Improvement and Open Space Agreement ( CIOSA) approved by the City Council. CIOSA has also been approved by the California Coastal Commission. The Agreement authorized development and specified the limits of subsequent project review. The development must be approved within the context of the approved Planned Community text and the provisions of the Agreement. The Agreement sets forth the rights of the City in the review of the tentative map. The City has the right to review and modify the project within the normal • responsibilities under the Subdivision Map Act; however, the City does not have the right to modify project development standards beyond those in the adopted Planned Community text, specifically no additional modifications to development standards can he made in areas such as heights, building setbacks, parking requirements, etc. The proposed project is a detached single family subdivision which would allow for 119 dwelling units, or 32 dwelling units less than the 151 dwelling units allowed by the Development Agreement. The tentative tract map also includes parcelization for public park dedication as required by the Agreement. No actions are being taken at this time in regard to specific plans for the parks, the City has no conceptual plans for the park, and the subject actions do not authorize the City's park development. Ms. Temple addressed the revised conditions for the Tentative Map of Tract No. 15012 and Site Plan Review No. 71 that were distributed to the Planning Commission prior to the subject public hearing. The following revised conditions reflect the on -going • -49 COMMISSIONERS 9NN$fOR.0�0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX discussions between City staff and The Irvine Company in order to resolve the outstanding issues discussed in the original staff report: Tentative Map of Tract 15012. Condition No. 1: The added language sets forth that all open space dedication requirements including size and location shall be deemed to be fully satisfied by The Irvine Company consistent with the terms of the CIOSA Agreement related to the Upper Castaways parcel. Ms. Temple stated that the additional language was necessary because of the exclusion from the map of the future access for Lower Castaways. Condition No. 13: The requirement makes provisions for lighting installation within the trail and a requirement that the City pay for any construction costs of the trail in excess of The Irvine Company's proposed width of 8 feet. Condition No. 14: Clarification was made regarding Lot "V". That . the storm drain system would be constructed by the developer and maintained by the City. Condition No. 15: Clarifies the location of application of the condition within Lot "V". Condition No. 16: The condition would limit the developers responsibility costwise related to the repair of the slope in Lot "U". Condition No. 19: The access road would no longer be an emergency access road but would provide full park access to the view park. Condition No. 21 and No. 22: The street frontage improvements would be required to be made within six months of occupancy of the first residential unit other than the model complex. Condition No. 31: Would allow latitude with regard to the requirements for tract grading, and it would allow the Public Works Department additional discretion. • -50- COAMISSIONERS CITY OF NEWPORT BEACH MINUTES Nowmbex 0,1994 ROLL CALL UqDEX Condition No. 42 and Condition No. 4 (Site Plan Review No. 71): The required setback of the development on Dover Drive would be a 25 foot property line setback and it would provide adequate landscaping in the area. It would require that the Planned Community District Regulations for Upper Castaways be amended to reflect the modified setback if approved by the Planning Commission prior to or concurrent with the approval of the Final Map. Condition No. 43: The condition applies to Lot "V ". Condition No. 47: The added condition corrects the notes on the tentative map. Site Plan Review No. 71: Condition No. 1: The condition acknowledges that the plans and elevations submitted are • conceptual. Condition No. 5: The condition applies the automatic irrigation requirements to the common areas only. Condition No. 7: Added condition requires that all chimney heights conform to the requirements of the Newport Beach Municipal Code, unless otherwise approved by the Modifications Committee. Ms. Temple referred to staff's responses to Dr. J. D. Vandersloot's letter dated November 10, 1994, and to the letter from Newport Harbor Lutheran Church dated November 10, 1994, that were distributed to the Planning Commission prior to the subject public hearing. In reference to Dr. Vandersloot's letter regarding the preservation of the on -site wetlands adjacent to Dover Drive, she stated that the issue was addressed in the certified program EIR adopted as part of the CIOSA Agreement. In reference to the letter from the Newport Harbor Lutheran Church, she stated that the primary concerns are in relationship to park development plans and approvals. She said that currently there is no park facility approval being made, and as the City develops park plans • -51- MINUTES ATE% \irDADT 1210 AO�TX \f„-/' �.! \ ✓O� \ va a a va avi VV a vat a �uaav�a R LL CALL INDEX and proceeds with development that the processes will be subject to additional environmental review as part of the program EIR processed and defined by the California Environmental Quality Act. Don Webb, Public Works Director, referred to the aforementioned revised conditions in the tentative map of tract 15012, and he addressed Condition No. 31 wherein he stated that Dover Drive between Westcliff Drive and West Coast Highway is designated as a six-lane arterial roadway. The existing four lane roadway is adequate at the present time; however, 17th Street in Costa Mesa is designated as a six-lane arterial roadway to Irvine Avenue and the City anticipates as growth continues and traffic increases on 17th Street that traffic on Westcliff Drive will be increased. At the intersection of Westcliff Drive and Dover Drive it will be necessary to have southbound two right -turn lanes; therefore, a third lane will be necessary for through traffic coming from Dover Drive across Westcliff Drive. Mr. Webb stated that a right turn lane would also be constructed going north on Dover Drive to Westcliff Drive. Mr. Webb stated that regrading would occur opposite Cliff Drive to provide an eight percent accessway to the open space park and that site distance would be improved at the curve on Dover Drive. A traffic signal will be installed at the intersection of Dover Drive and Cliff Drive to enable the people to move in and out of the proposed park safely, and the signal would allow pedestrians to safely come out of the Cliff Haven area to access the park. A third lane on Dover Drive is proposed through the Cliff Drive intersection so as to enable the automobiles to make a safe right turn off of West Coast Highway through the intersection of Dover Drive and Cliff Drive, and then the roadway would be tapered down to two lanes before 16th Street. He explained that revised Conditions No. 21 and No. 22, of the tentative map would address intersection capacity and safety improvements. He said that landscaping would be provided in the graded areas. In response to a question posed by Chairman Glover, Mr. Webb explained that going northbound on Dover Drive from West Coast -52- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Nnyernht-.r 10, 1994 ROLL CALL INDEX Highway that three lanes at Cliff Drive will be reduced to two lanes before 16th Street. The median will be moved going south on Dover Drive so as to provide a left turn lane into the proposed park. Chairman Glover stated that she had a concern that the traffic signal and three lanes on northbound and southbound Dover Drive between Cliff Drive and 16th Street would urbanize the residential area, and the traffic would move faster. She did not want to encourage the public to drive through the residential areas to Costa Mesa. In response to a question posed by Commissioner Ridgeway with regard to the circulation plan, Mr. Webb stated that the County's projections between Dover Drive and West Coast Highway were estimated to be approximately 36,500 automobiles a day which would justify a six -lane facility. The proposed improvements would not be a full widening of the roadway. Commissioner Adams opined that a traffic signal would make it . less desirable for the public to travel through the residential neighborhood. It is necessary to have safe vehicular access into the proposed park, and there is a need for signalization at the Cliff Drive and Dover Drive intersection. Chairman Glover stated that the proposed residential development does not warrant a traffic light at the intersection. In response to a question posed by Commissioner Edwards, Commissioner Adams concurred with the proposed three lanes from West Coast Highway to Dover Drive and Cliff Drive, and narrowing to two lanes to 16th Street. Commissioner DiSano concurred with Commissioner Adams' aforementioned comments. He said that the safety issue is more of a concern than the potential harm that could come with the traffic signal adjacent to a residential area. Commissioner Pomeroy concurred with Commissioner Adams' comments. He said that the safety issue and access to the park • -53- CITY OF NEWPORT BEACH MINUTES RE CALL INDEX and improved sight at the curve on Dover Drive are important issues, and the traffic signal would slow down the traffic. Commissioner Adams stated that it is a policy that crosswalks are not installed unless there is a signalized intersection, and the pedestrian access to the proposed park is necessary. In response to questions posed by the Planning Commission, Mr. Webb referred to the proposed circulation plan on display and he explained the frontage improvements, including curb, gutter, and sidewalk, that are proposed on Dover Drive between Cliff Drive and Westcliff Drive. In reference to the access road, Mr. Webb stated that an 8% grade, instead of a 10% or 12% slope, would be easier for the public to walk and to ride bicycles, and it would give handicap people the ability to utilize the trail. Mr. Webb described the proposed plan of the meandering bluff top trail. In response to a question posed by Chairman Glover regarding revised Condition No. 13, Ms. Temple replied that the original conditions requested that the bluff top trail be 12 feet wide; however, subsequent to when the applicant originally requested an 8 foot trail the applicant agreed to the revised condition primarily because the City would agree to pay the cost difference between the 8 foot trail and the 12 foot trail. Chairman Glover supported an 8 foot trail because of her concern regarding excessive asphalt, and that asphalt would also be used to construct the roadways. Commissioner Pomeroy and Commissioner Ridgeway agreed that an 8 foot trail is not adequate for pedestrians and bicyclists. In response to a question posed by Commissioner Edwards, Mr. Webb explained that the CIOSA Agreement in the open space areas indicated that the City is to take the parcel as it exists. There are approximately three areas where erosion has occurred on the bluff top, and staff considered the erosion to be the result of deferred maintenance which should be repaired prior to the City accepting the rigbt -of -way. The Irvine Company agreed to the request up to a cost of $30,000.00, which would be more than adequate to handle the erosion areas. -54- �dAO coo �s'� CITY OF NEWPORT BEACH MINUTES November. 10� 1994 ROLL CALL INDEX Chairman Glover referred to revised Condition No. 13 regarding the installation of lighting in the trail design, and she expressed opposition to the lighting inasmuch as lighting would encourage the public to use the trail at night and, therefore, it could become a problem area Commissioner Adams referred to revised Condition No. 14 regarding the storm drain system, and he asked if the developer would comply with the request? Mr. Webb replied that the applicant agreed that the storm drain system would be constructed to City's standards and it would be a 12" to 18" storm drain below grade. In response to a question posed by Commissioner Ridgeway, Mr. Webb replied that it is intended that the drainage system would be draining towards Polaris Street and enter into the public drain system at roughly the same spot the private drain system for the street system will enter. In response to a question posed by Chairman Glover, Mr. Webb described the distance from the wall to the curbline adjacent to Irvine Terrace. Commissioner Adams expressed a concern regarding the loss of the existing eucalyptus grove, and that the proposed trees could cause view impairments of the residential property in the future. The public hearing was opened in connection with this item, and Mr. Tom Redwitz, Vice President of Development Entitlement for The Irvine Company, appeared before the Planning Commission. He stated that the proposed plan represents over five years of planning with the community, and it is a part of CIOSA that was approved by the City in 1992 and the California Coastal Commission. The Agreement calls for dedication of over 150 acres of open space to the City and a financial commitment of over $20 million toward circulation improvement. With the start of the Upper Castaways project the City will begin to receive the benefits of the Agreement including donation of land for an activity park and a view park with some outstanding views in the City. -55- �''aMmOf��0� a 0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Mr. Norman Witt, Vice President of Coastal Community Builders, a Division of The Irvine Company appeared before the Planning Commission. He addressed the amount of open space area that would be provided in the development, and he addressed the improvement of the bluff top trail in addition to bluff top stabilization along the entire edge. Mr. Witt stated that the intent is to thin the widow maker eucalyptus trees, and replace the trees with other trees. The Irvine Company concurs with the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Ridgeway, Mr. Redwitz reappeared before the Planning Commission and he replied that the proposed_bluff top trail is to be a public trail and not a private trail. In response to a questions posed by the Planning Commission, Mr. Bill Burton, Landscape Architect, appeared before the Planning • Commission, and he explained that the eucalyptus trees located in the middle of the development are damaged and the applicant is concerned with the public's health and safety if the trees would remain. The wind row of eucalyptus trees would remain on the parcel. In response to a question posed by Commissioner Adams regarding revised Condition No. 19, Mr. Webb and Mr. Witt described the bluff top trail as it would connect to the access road. In response to a question posed by Commissioner Edwards, Mr. Witt stated that the applicant requested an 8 foot wide bluff top trail for aesthetics. The trail would be used for pedestrian and biking purposes, and it would also be used for emergency and maintenance vehicles. He agreed that it would be difficult to maneuver a fire engine on an 8 foot wide trail and that it could cause damage to the edge of the trail. Dr. Jan VanderSloot, 2121 - 16th Street, appeared before the Planning Commission. He referred to his aforementioned letter dated November 10, 1994. He expressed a concern regarding the • -56- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX wetlands on Upper Castaways, and he asked where are the wetlands going to be mitigated off -site? He said that the fresh water wetlands could be an asset to the park, and the public would enjoy the birds and other wildlife. He also expressed a concern that three lanes on Dover Drive would be tapered off to two lanes at 16th Street, and he suggested that Dover Drive be widened to three lanes from West Coast Highway to Westcliff Drive so as to keep the traffic off of the residential streets. Commissioner Ridgeway referred to the Mitigation Monitoring Program Summary, Biological Resource, and he asked if a wetland delineation study had been performed. Ms. Temple explained that Mitigation Measure No. 16, was adopted in the CIOSA Agreement, and it sets forth the requirements for staging the mitigation requirements for wetlands fill. Prior to grading, it is necessary for the City to comply with the requirements of the mitigation measure by doing the formal wetland delineation and • processing the appropriate permits through the Department of Fish and Game, and U. S. Army Corps of Engineers, if required. Commissioner Pomeroy and Mr. Webb discussed the projected traffic impacts through the year 2010 that was addressed in the General Plan, and the increase in traffic that was projected from outside the City of Newport Beach. Mr. Allen Beek, 2007 Highland Avenue, appeared before the Planning Commission, and he referred to his written comments that were previously distributed to the Planning Commission. He said that Newport Heights is a desirable community, and the proposed development is completely incompatible with the surrounding areas inasmuch as it would be a gated community. The Irvine Company had no meetings with the Mariner's Community Association to try to create a compatible neighborhood. He stated that a street along the front of the bluff would provide access to the park, it would provide drainage to keep the water from going over the face of the bluff, and it would set back the development from the edge of the bluff. Mr. Beek suggested merging the left turn lanes into the right turn lane off of • -57- COMMISSIONERS � N�9�y�,of- ��O'PO CITY OF NEWPORT BEACH MINUTES NAvember 10 1994 ROLL CALL INDEX West Coast Highway to Dover Drive, and he stated that Dover Drive does not have enough traffic to warrant more than four lanes. The wetlands should be preserved. Rev. Bill Kirlin- Hackett, Newport Harbor Lutheran Church, 798 Dover Drive, appeared before the Planning Commission. He said that the intent is not to hinder the development. However, he expressed concerns regarding the landscaping plans; the possible future widening of Dover Drive on the Church's frontage; the parking plan; the negative impact that construction would have on the church; and the height limit of the dwellings would impede the Church's view. Commissioner Pomeroy pointed out that the issue before the Planning Commission is not the proposed park. Rev.. Kirlin- Hackett requested an agreement concerning the widening of Dover Drive and the impact that the widening would have on the Church's Dover Drive frontage. Commissioner Ridgeway . concurred with Commissioner Pomeroy; however, the concerns regarding the landscaping could be addressed by the Planning Commission. Rev. Kirlin- Hackett stated that the access road and the turn- around could affect the Church. Mr. Webb stated that the proposed plan of the Upper Castaways park site and the active park site on 16th Street will be the subject of discussions and hearings of the Parks, Beaches and Recreation Commission as the plans are developed. The City Council will provide funding to allow the design to begin on the facilities, and it is a desire that the design process and public hearings would be completed in a time frame that the park facilities would be developed at the same time as the proposed development. With reference to the parking issues related to the park, the precise location of the roadway, and what parking facilities will be provided in conjunction with the roadway are subjects that will be addressed through the public hearing process by the PB &R Commission. In response to a question posed by Chairman Glover, Mr. Webb explained that when Dover Drive is widened the City has two options. The CIOSA Agreement has very strict conditions on how . -58- CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX the City can develop the property that The Irvine Company dedicates for open space. He said that the City would like to work with the Church on providing a replacement area, and Exhibit "F' allows that to occur. He said that if Dover Drive would not be widened it would not be necessary to take any of the Church's property. In response to questions posed by Commissioner Adams, Rev. Kirlin- Hackett stated that the Church rarely uses the angle parking on 16th Street. Commissioner Adams explained his support of bonding improvements so that decisions relating to the widening of Dover Drive could appropriately be made with the planning of the park. . Mr. Tom Hyans, President of Central Newport Beach Community Association, appeared before the Planning Commission. He stated that based on the width of the sidewalk on the Balboa Peninsula . that bicycles and pedestrians do not mix well on a sidewalk less than 20 feet wide. Mr. Hyans stated that it is feasible that the Balboa Peninsula could lose the in -lieu park fee funds because of the Upper Castaways project. Mr. Hewicker explained that some of the in -lieu park fee funds were designated for City parks, and he recommended that Mr. Hyans contact the Community Services Department. In response to a question posed by Mr. Hyans, Mr. Webb replied that funds for planning and engineering would come from in -lieu park fees. Commissioner Gifford suggested that Mr. Hyans contact the City Council to form a Pedestrian Trails Committee. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Edwards requested a clarification of the turn- around area and the path adjacent to the church. Mr. Witt reappeared before the Planning Commission and he replied that the path is for private use by the residents of the community. -59- COMMISSIONERS \�G�'QnCrO.A.d'9��L ! TPFN7 ATT 1VPA DnDrr RFA[`T -i MINUTES Vi" &%i VV a November A 1994 ROLL CALL INDEX In response to questions posed by Commissioner Edwards, Mr. Webb replied that improvements could be bonded for under the CIOSA Agreement. He said that in order to provide access into the Upper Castaways it is necessary to do some grading to create a softened slope to prohibit constant maintenance and erosion, and potential hazardous conditions. Commissioner Adams discussed the park plan improvements and the widening of Dover Drive. Commissioner Gifford stated that insofar as the improvements could be bonded for that the improvements could be reviewed in conjunction with the proposed park. She supported a reduced width of the bluff top trail to 10 feet or 8 feet, and if the trail meandered it would slow down the bicycle traffic. Mr. Webb explained his concern that emergency and maintenance vehicles would have a difficult time responding on a narrow meandering trail. Mr. Webb stated that the State Standard indicates that to accommodate a combination bicycle /pedestrian trail that a 12 foot wide trail is necessary, and that 8 feet is only wide enough for a two -way trail without pedestrians. Commissioner Edwards and Ms. Clauson addressed the City's liability concerning the State Standards and the bicycle and pedestrian use of the bluff top trail. Commissioner DiSano addressed the health, safety, and welfare conditions of the bluff top trail. He determined that the location would attract the public, and the Planning Commission should make certain that the City has a less chance of being sued in areas that are going to be open to the public. Commissioner Adams opined that the volume of traffic on the bluff top trail would be relatively low compared to the Back Bay trail that is 12 feet wide. He explained that emergency vehicles could negotiate adequately on a 10 foot wide trail that does not meander too much. In response to a question posed by Commissioner Adams, Mr. Webb replied that the City's Master Plan of Bikeways does not designate the trails as a specific class. The proposed trail is on the Master Plan that was adopted in 1972. �r�� 4'f•A�p�d�s"y0 CITY OF NEWPORT BEACH MINUTES November 1% 1994 ROLL CALL INDEX An 8 foot trail is the minimum width that the State requires for two-way bicycle traffic, and if there would be significant bicycle and pedestrian traffic that the trail should be 12 feet wide. In response to questions posed by Commissioner Pomeroy regarding bonding for improvements to Dover Drive and site improvements, Mr. Webb explained that in order to provide a landing for vehicles on the site that it would be necessary to grade an access road, and therefore, grading money would have to be spent. He recommended that grading be done at the same time, and The Irvine Company would be doing the work and not under a separate City contract_ Commissioner Adams stated that The Irvine Company will be grading on the residential site and repairing the bluff, and he questioned why The Irvine Company would have to touch the balance of the park or the area adjacent to Dover Drive until the access road is constructed and the traffic signal is installed. He suggested a delay until there is a . comprehensive look at the park and a reevaluation of the channelization of Dover Drive. Mr. Webb stated that the CIOSA Agreement states that in lieu of constructing fronting improvements that The Irvine. Company would provide for the grading of Dover Drive, and conditions on the tentative tract map and the site plan conform to the agreements. If the improvements are bonded then it would eventually become a City project which could become more expensive. The intention of the City Council was to construct the park at the same time as the proposed project is developed; therefore, the construction of the park would not be delayed. Commissioner Adams suggested that when the park is developed that the park contractor and not The Irvine Company construct the Dover Drive improvements because the park requires the improvements and not the residential development. Ms. Temple suggested that the Planning Commission consider an additional mitigation measure regarding the potential abandonment of oil wells if found on -site. She addressed revised Condition No. 42 of the tentative tract map, and revised Condition No. 4 of the site plan regarding the 25 foot setback, and she suggested that the conditions be amended to state that the • -61- q'p 7 CITY OF NEWPORT BEACH MINUTES Ntwember 10, 1994 ROLL CALL INMEX subdivision be redesigned along Dover Drive to comply with a 25 foot property line setback from the ultimate right -of -way line, on the basis that the aforementioned language would be consistent with the Planned Community tent. Mr. Redwitz concurred with the revised conditions. In reference to the bonding and widening of Dover Drive, Mr. Redwitz referred to the aforementioned revised Condition No. 21 of the tentative tract map, and he suggested that the condition be amended if the Planning Commission approved bonding for the improvements. Ms. Temple suggested that these improvements shall be completed within 6 months of occupancy of the first residential unit (other than models) be eliminated from revised Condition No. 21. Motion * Motion was made to approve Tentative Map of Tract No. 15012 and Site Plan Review No. 71 subject to the findings and conditions in Exhibit "A" as revised by staff, add Condition No. 47 to the tentative tract map regarding the abandonment of oil wells. Commissioner DiSano suggested that revised Condition Nos. 19, and 21 be modified to indicate that The Irvine Company would bond for the improvements. Mr. Redwitz and staff considered amending Condition No. 26 of the tentative tract map to include the bonding for a water main. Mr. Redwitz referred to Condition No. 13 of the tentative tract map and he suggested that the condition be modified to include bonding. Chairman Glover supported the motion. She emphasized her objection to the widening of Dover Drive. Commissioner Ridgeway supported the motion. He complimented The Irvine Company and their management of the project. Commissioner Pomeroy stated that the residents of Newport Beach will benefit from the public improvements that will be on the site. -62- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL IND EX All Ayes Motion was voted on to approve Tentative Map of Tract No. 15012 and Site Plan Review No. 71, as amended. MOTION CARRIED. A. Environmental Document Findings: 1. That CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects (CEQA Guidelines, section 15168, subd.(d).) 2. CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative . declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration no effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070. subd.(b) and 15153, subd.(c).) 3. The Initial Study analyzed the proposed site plan and tentative map for the Upper Castaways residential development based on information contained in the previously certified 1992 Final CIOSA Program EIR and any new information which has become available regarding the project, 4. The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance. • -63- COMMISSIONERS �\%NRCM�ONW\6& CITY OF NEWPORT BEACH MINUTES Nnvember 1) 1994 ROLL CALL INDEX Mitigation Measures: 1. That all mitigation measures applicable to the project set forth in Final Environmental Impact Report No. 148 be complied with as set forth in the approved mitigation monitoring program. 2. Prior to issuance of a grading permit or commencement of grading, whichever comes first, the City or applicant (whoever is responsible for grading and construction of the access road), shall prepare a detailed landscape plan for review and approval by the City of Newport Beach Planning, Public Works, and General Services Departments. This plan shall provide for both interim and permanent landscaping which will prevent erosion, soften the visual impact of the grading, and be consistent with surrounding vegetation within the future view park. The use of native and drought- tolerant vegetation shall predominate. . 3. Graded slopes shall vary in steepness with the majority of slopes at a steepness of 3:1. 4. At the time park facility plans are prepared by the City for the future view park, a lighting plan shall be prepared and evaluated for the access road. lighting shall be only the minimum necessary to provide safe access for use of the road during standard hours of operation for the park. If provided, lighting shall be designed to eliminate any light spillage past the edge of the property along Dover Drive. 5. The City of Newport Beach shall provide adequate parking for the future view park area on Upper Castaways. A specific parking plan shall be prepared concurrent with preparation of park facility plans for the view park. Parking shall be convenient to either trail access or the paved access road. 6. Prior to the approval of the Final Tract Map, the applicant shall verify the location of any plugged and abandoned oil • -64- CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX wells on site. If any abandoned wells are on -site, the applicant or property owner shall plug the well(s) to meet the standards of Department of Conservation Division of Oil, Gas and Geothermal Resources. If a well occurs within the development area, the plugging shall occur prior to the issuance of any grading permits. If a well occurs within the dedication area, an agreement committing to the completion of plugging shall be executed prior to the acceptance of dedication, and the plugging shall occur prior to the issuance of any grading permits. If any structures are over or in close proximity to any well, a gas venting system shall be installed as required by the State Department of Conservation and the City Grading Engineer. Tentative Map of Tract No. 15012: . Findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That grading and drainage improvements are required along the bluff top trail in order to prevent continued erosion of the natural bluffs. 4. That the access drive is required at Dover Drive and Cliff Drive for maintenance, emergency rescue and police patrol access to the bluff top area to replace the access lost from 16th Street. The grading for frontage improvements along the Dover Drive frontage provides required sight distance. S. That a traffic signal is needed at Dover Drive and Cliff • -65- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES I I November I.), 1W4 R L CALL L INDEX Drive due to the increase in vehicular traffic and pedestrian crossing activity. 6. That Resubdivision No. 972 provides access to Lower Castaway across a portion of Tentative Tract No. 15012 and that Tentative Tract No. 15012 is required to be consistent with a currently approved map. Conditions: 1. That the Tentative Tract Map be revised to delete the area from the tentative map that is proposed as the access road for the Lower Castaways site in conformance with Resubdivision No.. 972, currently being processed; that an accompanying construction easement for constructing the future access road be provided; and that an easement for ingress and egress be provided across the future Lower • Castaways access road for the park access road to be constructed with the proposed tract. Notwithstanding this condition, all open space dedication requirements including size and location shall be deemed to be fully satisfied by The Irvine Company consistent with the terms of the CIOSA Agreement related to the Upper Castaways parcel. 2. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, • -66- COMMISSIONERS � CITY OF NEWPORT BEACH MINUTES N- Minber 1) IQQA ROLL CALL INDEX Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 5. That each dwelling unit 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. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer and the Fire Department. 7. That the design of the private streets and drives conform with the City's Private Street Policy (LA), except as approved by the Public Works and Fire Departments. The basic roadway width shall be a minimum of 32 feet parking one side and 36 feet parking both sides. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer and Fire Department. 8. That the intersection of the private streets and drives be designed to provide sight distance for a local street in conformance with City standard 110 -L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line • -67- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 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 California Vehicle Code be enforced on the private streets and drives, and that all traffic control devices shall be shown on a plan approved by the Public Works Department. 10. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works, Fire and Police Departments. 11. That easements for public emergency and security ingress, • egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map unless otherwise approved by the Public Works Department. 12. 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. 13. That a 12 foot wide bluff top trail shall be constructed with a connection on the north at Grove Lane and a connection on the south at Dover Drive. The trail shall be structurally designed to handle maintenance and emergency vehicular traffic. The Trail shall be located a minimum of 15 feet from the top of proposed slope, unless otherwise approved by the Public Works Department and the City Grading Engineer. The design of the trail shall be approved by the Public Works Department, General Services Department, Utilities Department, Fire Department, Police Department and the Community Services Department. Provisions to install lighting in the future shall be included in the trail . -68- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX design. The City shall pay for construction costs in excess of 8 feet. Bonding will be required for these improvements. 14. The bluff top open space area shall be designed in Lot "V" to convey the drainage away from the top of slope to be picked up by a storm drain system to be constructed by the developer and maintained by the City. All landscaping inland of the bluff top trail shall be planted and maintained by the developer /association. An agreement shall be required for maintenance of the landscape and approved as to form by the City Attorney's office. 15. That the heavily eroded areas with near vertical faces along the bluff top within Lot "V" shall be repaired and all drainage directed away from the bluff top edge. The locations to be repaired shall be reviewed and approved by the City. I 16. That prior to the developer dedicating the View Park, Lot "U ", to the City, all heavily eroded areas with near vertical . faces along the bluff top shall be repaired and all drainage directed away from the bluff top edge. The City shall pay all costs associated with this repair in excess of $30.000.00. Provisions regarding a release of liability of the developer shall be included in the dedication documents. 17. That a bus turnout and shelter pad be constructed on Dover Drive just north of 16th Street as approved by the Public Works Department and the Orange County Transit Authority. 18. That the active park site, proposed Lot 120, be graded at 2% with site drainage conveyed to the storm drain system unless otherwise approved by the Public Works Department. Erosion control shall be provided on the site as required by the City Grading Engineer. • -69- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 10 1224 ROLL CALL INDEX 19. That a 24 foot wide access road be constructed in the proposed Open Space Lot 'U' from the intersection of Dover Drive and Cliff Drive along the alignment of the old Castaways Road and connect to the bluff top trail. The access road shall be a maximum 8% grade with a tam around. The road shall be designed to accommodate heavy vehicles and Fire Department apparatus. The design ii to be approved by the Public Works Department. That the design and grades of the access road be compatible dth the proposed grades for the proposed Lower Castaways access road. That bonding for the improvements will be required. 20. That the developer contribute 50% of the cost of instal ing a traffic signal at the intersection of Dover Drive and liff Drive prior to the occupancy of the first housing unit wil hin . the proposed tract development. 1. That frontage improvements be constructed on Dc ver Drive between Cliff Drive and 16th Street to provid 3 lanes in each direction at Cliff Drive tapering to 2 lane in each direction at 16th Street. These improvements sh be completed within 6 months of occupancy of the f ' st residential unit (other than models). Bonding will be required for these improvements. 2. That frontage improvements be constructed on Dover Drive at Westcliff Drive to provide a north bound through lane and a right turn lane. These improvements shall be completed within 6 months of occupancy of the f irst residential unit (other than models). That construction access to the development be from 16th Street and that the last 100' of baul road adjacent to 15th Street shall be paved with asphalt with another 100' of aggregate adjacent to the asphalt to clean truck tires ess an alternate plan is approved by the Public Works -70- Q `Ir .a di CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Department. A plan for cleaning the trucks must be approved by the Traffic Engineer. 24. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 25. 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 recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. The condition includes all areas covered by the subdivision map. • 26. That an easement for water purposes be dedicated across lot "N" and a water main constructed between Street "D" and the Dover Drive at Cliff Drive intersection with a fire hydrant connection as approved by the Utilities, Fire and Public Works Departments. Bonding will be required for these improvements. 27. That a IT diameter water main be constructed between 16th Street and Polaris Drive and connect to the existing 12" lines in 16th Street and Polaris Drive. That the proposed 10' wide easement through lot "O" be relocated westerly of Lot "O" in order to align with the 12" water main in Polaris Drive. 28. That the easterly property line of Lot 38 be moved westerly 15' in order to provide an adequate easement for the proposed 12" water main unless otherwise approved by the Public Works Department. 29. That storm drain facilities designed to empty into the Polaris Storm Drain System shall be approved by the • -71- CITY OF NEWPORT BEACH MINUTES November I (� 1994 ROLL CALL INDEX Orange County EMA prior to issuance of any grading or building permits. 30. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 31. That an additional 28 feet of right -of -way be dedicated to the public for street and highway purposes along the Dover Drive frontage in order to provide a minimum of 128 feet of right -of -way. That the 28 foot width be graded to future curb grade along the entire length of the Dover Drive frontage with a 2% cross fall at the time of the proposed . tract grading unless otherwise approved by the Public Works Department, and that a 10 foot wide concrete sidewalk be constructed along the tract frontage between Westcliff Drive and Cliff Drive. 32. That County Sanitation District fees be paid prior to issuance of any building permits. 33. That the Public Works Department plan check and inspection fee be paid. 34. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Dover Drive right -of -way. • -72- MINUTES \�LF�ACrn�� if dl9��rL !� *TV 9-%= IMMIT710l110T RL` A f�T.T WW va a A va am"w a va_ a uuaavaa November 1994 ROLL CALL -0, INDEX 35. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 36. That the Coastal Bluff property line Setback from the edge of the bluff shall be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. In no case shall a property line be located closer than forty (40) feet from the edge of a bluff or any eroded area of the bluff unless the area is restored. 37. That utility and private access easements be dedicated and improved between Dover Drive and "F' Street and between Polaris Drive and "C' Street. The improvements shall be • reviewed and approved by the Public Works Department. 38. That the landscape plans shall be subject to the review of the Public Works, Police and General Services Departments and any landscaping adjacent to or within the view trails and parks shall be subject to review by the Community Services Department. 39. That 16th Street be restriped to provide clear ingress and egress to the site. 40. That all above grade utility enclosures shall be located in such a manner as to provide a minimum 4'0" clear width sidewalk on private streets and 8'0" width on public streets. 41. That the slopes adjacent to the tract located in the park sites have a maximum slope of 4 to 1 unless otherwise approved by the Public Works Department. 42. That the subdivision be redesigned along Dover Drive to comply with a 25 foot property line setback from the -73- COMMISSIONERS t� 4 :t- CITY OF NEWPORT BEACH MINUTES ROLL CALL �� ultimate right -of -way line. The Planned Community District Regulations for Upper Castaways shall be amended to reflect this modified setback prior to or concurrent with the approval of the Final Tract Map. 43. Prior to the issuance of grading permits, detailed plans and recommendations for repair of the existing bluff top erosional features in Lot °V" shall be provided for the review and approval of the City Grading Engineer. 44. An increase in the rate of groundwater recharge related to the proposed development and related irrigation systems may adversely affect bluff stability and increase the current rate of bluff retreat. Plans and recommendations mitigating these effects shall be reviewed and approved by the City Grading Engineer prior to issuance of any grading permits. . 45. Minimum fire flow requirement is 1000 gpm at 20 psi residual pressure. 46. The location of all fire hydrants shall be reviewed and approved by the Fire Department. A hydrant shall be provided in the view park in the vicinity of the access road. 47. That the notes on the Tentative Tract Map be modified as follows: a) Delete note #13. b) The single family acreage changed to 26 acres. c) Summary note for Lot "V" changed from private to public. • -74- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Site Plan Review No. 71: Findines: 1. That the development of Upper Castaways will not preclude implementation of specific General Plan objectives and policies if in accordance with the plans as modified by the condition for approval. 2. That the value of the property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features. Conditions: . 1. That development shall be in substantial conformance with the approved conceptual grading plan, site plan, floor plans and elevations, except as modified in the following conditions and those imposed on the Tentative Tract Map. 2. That a minimum of two parking spaces per dwelling unit be provided, plus two guest parking spaces per unit. Of the guest spaces, a minimum of one per unit shall be provided on- street or in commonly accessible parking bays. 3. That a minimum of 50% of the dwelling units shall comply with the 24 foot height limit as defined in the Newport Beach Municipal Code. A maximum of 50% of the dwelling units may exceed this height to the maximum 32 foot limit provided for the PC Text. 4. That the subdivision be redesigned along Dover Drive to comply with a 25 foot property line setback from the ultimate right -of -way line. The Planned Community District Regulations for Upper Castaways shall be amended • -75- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES on ed Nowmber- 1% 1994 ROLL CALL INDEX to reflect this modified setback prior to or concurrent with the approval of the FinalTract Map. 5. Landscape plans for common areas shall incorporate automatic irrigation systems equipped with an override keyed to continuous moisture measurement devices unless otherwise approved by the City Grading Engineer. 6. That this site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 K of the Newport Beach Municipal Code. 7. That all chimney heights conform to the requirements of the Newport Beach Municipal Code, unless otherwise approved by the Modifications Committee. • Discussi General Plan Amendment 94 -3 Item No. Request to initiate amendments to the Newport Beach General Plan, as follows: GPA 94 =3 A. Ca1Tr A. CalTrans West Inititat Caltrans West consists of approximately 17 acres of vacant land located west of Superior Avenue, north of Pacific Coast Highway, and south of the Newport Crest Condominium complex. The preferred future use of the site is recreation /open space with active recreational uses accommodated on the site. Specific park improvements and the possible phasing of park uses if entitlement is transferred off -site shall be consistent with the Recreation and Open Space Element. The site is presently allocated 152 dwelling units subject to provisions intended to facilitate the transfer of all of this -76- on ed COMMISSIONERS CITY OF NEWPORT BEACH MINUTES RUE CALL INDEX entitlement to other properties with special incentives relative to the transfer of entitlement to properties within the Caltrans West service area (as specified in the Recreation and Open Space Element) combined with a commitment of the owner of the transferee parcel to construct park improvements on -site. The transfer of entitlement shall generally proceed in accordance with the following: 1. The property owner shall be entitled to transfer all or a portion of the residential entitlement to any other. parcel within the City subject to the approval of a traffic study in the event of a transfer of 35 units or more and a City Council finding of General Plan consistency; 2. The property owner shall be entitled to convert the residential entitlement to any other land use on a traffic equivalency basis and transfer the modified entitlement to any other parcel within the City subject to a traffic study (pursuant to Chapter 15.40 of the Newport Beach in the event the transferred entitlement would generate more than 300 average daily trips and subject to a City Council finding of General Plan consistency; 3. The transfer of entitlement shall constitute a permanent reduction in the entitlement allocated to the site and shall be accompanied by a written agreement signed by the property owner acknowledging that the reduction does not constitute a taking of property; 4. The transfer of entitlement to any site within service area 1, accompanied by a commitment on the part of the owner the transferee parcel to construct park improvement shall, subject to City Council approval, entitle the owner of the transferee parcel to park dedication, or park in lieu fee credit as determined by the City Council but in event less than a credit equal to the number of acres improved. • -77- COMMISSIONERS Nt, Q a 0�0 CITY OF NEWPORT BEACH MINUTES Nwcember I ), 1994 ROLL CALL INDEX The development entitlement shall be subject to strict compliance with the conditions, mitigations, and findings adopted by the City Council of the City of Newport Beach in conjunction with the approval of Resolution No. 83-43 to the extent that Resolution was applicable to Caltrans West. The designation of single family attached shown on the Land Use Plan (MAP) represents only the housing type anticipated to be constructed and is not intended to restrict the type of development approved on -site or off -site. This parcel may be developed with a mixed use project incorporating some or all of the residential product types authorized by the Land Use Element. Patty Temple, Advance Planning Manager, stated that the initiation would facilitate an on -going discussion between the City . and Caltrans regarding the ultimate entitlements and the potential acquisition of Caltrans West as a park site. Motion * Motion was made to initiate General Plan Amendment No. 94 -3 (A)• Chairman Glover stated that she would not support the motion. Ayes * * * * * * Motion was voted on, MOTION CARRIED. No s s s B. 424 Old Newport Boulevard 424 old Request to amend the General Plan Land Use Element to Newport B redesignate a portion of the property located at 424 Old Newport Initiated Boulevard from Retail and Service Commercial to Tlvo Family Residential. This request would allow for subdivision and development of the rear portion of the property fronting on Westminster Avenue for exclusive residential use. • -78- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES R L CALL INDEX Motion All Ayes Motion was made and voted on to initiate General Plan Amendment No. 94 -3 (B). MOTION CARRIED. Additional Business: " Add'1 Business The Planning Commission commended Chairman Glover regarding her election to the City Council. Motion All Ayes * A motion was made and voted on to direct staff to place the Election of Officers on the Planning Commission Agenda of December 8, 1994. MOTION CARRIED. Adjournment: 11:47 P.M. Adjourn s s s TOD RIDGEWAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION . -79-