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Home My WebLink About11/21/1991COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Present Commissioner Gross was absent. (Commissioner Edwards arrived Absent at 7:43 p.m.) CIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Patricia Temple, Advance Planning Manager John Douglas, Principal Planner Don Webb, City Engineer • Dee Edwards, Secretary Minutes of November 7,1991: Minutes of Motion Motion was made and voted on to approve the November 7, 11/7/91 Ayes * 1991, Planning Commission Minutes. MOTION CARRIED. Abstain Absent * * a s s Public Comments: Public Comments No one appeared before the Planning Commission to speak on on- agenda items. ?osting of the Agenda: Posting of the fames Hewicker, Planning Director, stated that the Planning Agenda ommission Agenda was posted on Friday, November 15, 1991, in • ont of City Hall. COMMISSIONERS 03 c" • November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Request for Continuances:. Request for James Hewicker, Planning Director, requested that Item No. 1, Use continue Permit No. 3432, James H. Hodges, applicant, property located at 1328 West Balboa Boulevard, be continued to the Planning Commission meeting of December 5,1991, to allow staff additional time to review the applicant's revised plans. Motion Motion was made and voted on to continue Item No. 1 to the Ayes * * * * * * December 5, 1991, Planning Commission meeting. MOTION Absent CARRIED. Use Permit No 3432 (Public Hearing) stem No.1 Request to permit alterations to an existing nonconforming triplex UP3432 which provides only three parking spaces where five parking spaces are required, on property located in the R -2 District. The primary Cont a alteration includes the enclosure of an existing three car carport to 12 /5/91 which will result in a three car garage that is only 23 feet 6 inches in width (inside clear dimension) where the Zoning Code requires minimum 27 feet width for a three car garage with no separating walls. The proposal also includes the construction of a second floor deck and the expansion of second floor bedrooms. The proposal also includes a modification to the Zoning Code so as to allow the construction of a second floor greenhouse window which ncroaches 1 foot 6± inches into the required three side yard setback. L,OCATION: Lot 8, Block 113, Tract No. 234, located at 1328 West Balboa Boulevard, on the northerly side of West Balboa Boulevard, between 13th Street and 14th Street, on the Balboa Peninsula. ONE: R -2 • APPLICANT- James H. Hodges, Newport Beach -2- COMMISSIONERS November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX OWNER: Same as applicant James Hewicker, Planning Director, requested that Use Permit No. 3432 be continued to the December 5, 1991, Planning Commission meeting to allow staff additional time to review the applicant's revised plans. Motion Motion was made and voted on to continue Use Permit No. 3432 Ayes to the December 5, 1991, Planning Commission meeting. Absent * MOTION CARRIED. Use Permit No. 3433 (Public Hearing) item No.2 Request to permit the establishment of a recreational facility UP3433 specializing in children's fitness, on property located in the M -1 -A • District. Approved LOCATION: Lot 13, Tract No. 5169, located at 4533 MacArthur Boulevard, on the northwesterly comer of MacArthur Boulevard and Birch Street, in the vicinity of the John Wayne Airport. ZONE: M -1 -A APPLICANT: Richard Altman, Santa Monica OWNER: John Saunders Trust, Newport Beach The public hearing was opened in connection with this item, and Kent Trollen appeared before the Planning Commission on half of the applicant. Mr. Trollen concurred with the findings d conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public Baring was closed at this time. n * Motion was made and voted on to approve Use Permit No. 3433 lInt * * * * * * ubject to the findings and conditions in Exhibit "A ". MOTION CARRIED. -3- COMMISSIONERS November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL il Jill 1 INDEX FINDINGS: 1. That the proposed application 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 adequate parking exists on -site for the proposed development and the other uses on the subject property. 4. That the proposed development will not have any significant environmental impact. • C NDITI NS: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 4. That the existing parldng lot be patched to eliminate potholes. That the noise from the music associated with the classes shall be confined to the interior portions of the building, and the doors shall remain closed at all times. 6. That all gym classes be for children between the ages of 3 months and 7 years, and that any adult use of the gym, or change in the operational characteristics be subject to an • amendment to this use permit. 7. That no outdoor sound system shall be utilized on -site. -4- November 21, 1991 COMMISSIONERS 0 \ � 'k ee CITY OF NEWPORT BEACH MINUTES ROLL CALL 11 Jill INDEX 8. That all employees shall park on -site at all times. 9. That a maximum of 16 children shall be permitted per class during the week. 10. 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. 11. 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. Amendment No. 738 in Public He stem No.3 Request to amend Title 20 of the Newport Beach Municipal Code A738 so as to permit the sale of convenience items such as, but not (81267) limited to, soft drinks, candy, cigarettes, ice, magazines and snack food, in conjunction with the operation of automobile service Approved stations. The proposed amendment also includes: the requirement or on -site parking spaces for automobile service stations which do not have service bays, but do include the sale of convenience items; the addition of covered mechanical car wash facilities as a ermitted activity; the requirement to provide rest rooms which are available to the general public for new automobile service stations; d the requirement for fuel price signs to be in compliance with, but not exceed the minimum price sign requirements set forth in e Business and Professions Code of the State of California. TED BY: The City of Newport Beach James Hewicker, Planning Director, reviewed the request regarding e sale of convenience items, the State Law regulations allowing e sale of alcoholic beverages, and staffs concern regarding the compatibility of the sale of beer and wine for off -sale consumption or automobile service station sites. The City is prohibited from -5- November 21, 1991 COMMISSIONERS MINUTES \CITY OF NEWPORT BEACH ROLL CALL INDEX eliminating the sale of alcoholic beverages by service stations unless specific findings are made. The Commission and staff discussed the provisions of the State Law that requires the City to make an amendment that would allow for a concurrent sale of alcoholic beverages, subject to a use permit, wherein Ms. Flory explained that it is not clear what required findings would have to be made to deny the sale of alcoholic beverages in service stations. The State Legislature "grandfathered" the cities, including Newport Beach, that prohibited the sale of alcoholic beverages in service stations prior to 1985. Commissioner Pomeroy suggested a finding that would not allow tourists to purchase beer and wine at service stations as they are leaving the City to return to their destinations. Service station operators would be allowed to sell convenience items through a vending machine if the sale of convenience items would be prohibited from shelves. Commissioner Edwards emphasized that the provision is regulated by the State despite the Zoning. Code requirements. Commissioner Merrill recommended that the oil companies address the State Legislature regarding a provision that would allow Cities to sell convenience items in service stations, excluding alcoholic beverages. Commissioner Glover stated that there is not enough information available to determine if the sale of convenience items is the key to allow more service stations to stay open for business. She stated her opposition to mini marts in service stations. Chairman Di Sano opposed the State Law, and he suggested that the sale of beer and wine be conditioned through the use permit rocess on a case by case basis. He explained that the sale of convenience items at service stations, excluding beer and wine, is beneficial to tourists wanting to make only one stop, and one stop also addresses concerns regarding pollution and congestion. Chairman Di Sano suggested that the City Attorney's Office investigate other cities in the Coastal.area that allow the sale of convenience items without the sale of beer and wine. e public hearing was opened in connection with this item, and Mr. Joseph Baretta, 2322 West Third Street, Los Angeles, appeared • before the Planning Commission on behalf of Texaco Refining Company. A copy of the City of Riverside's regulations that he -6- COMMISSIONERS November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL JJ Jill INDEX presented to staff indicates that only beer and wine is allowed and no hard liquor, and the minimum retail sales area shall be 1,500 square feet. He explained that at least 2,400 square feet of floor area is required for a mini mart and that minimum area would eliminate the sale of beer and wine. Mr. Baretta explained that a study by the Texaco Refining Company determined that the City of Riverside's regulations consist of a service station mini mart parking requirement, and a large majority of the patrons purchasing gasoline also purchased an item from the mini mart. He stated that it is unlikely that a neighbor would only purchase beer or wine and not purchase gasoline. Commissioner Pomeroy referred to the proximity of a service station mini mart adjacent to a residential neighborhood, and he suggested that the City investigate the number of stops at a mini mart and the amount of gasoline that is purchased at the service station. Mr. Ron Freeman, 3 Rue Montreux, appeared before the Planning Commission, and he addressed the number of service stations that have closed, the cost of gasoline, and that the oil industry takes advantage of the public. Mr. Freeman described a personal incident that happened when his automobile was being serviced at the Texaco Station located at 1600 Jamboree Road. He objected to the sale of beer and wine at service stations. Mr. William Minna, 31 Rue Fontainebleau, appeared before the Planning Commission, and he expressed a concern regarding the sale of beer and wine at service stations. Mrs. Barbara Gaughan, 4 Rue Chateau Royal, appeared before the Planning Commission, and she stated that the high school students could loiter at the mini marts, that the existing mini markets are located in areas that are not highly visible in the City, and she requested that no changes be made. There being no others desiring to appear and be heard, the public bearing was closed at this time. Motion Motion was made to approve Amendment No. 738, Resolution No. 1267, and delete to permit the sale of convenience items. Corresponding changes would also be made in Chapter 20.70 of the Zoning Code. Commissioner Debay said that her intention would -7- COMMISSIONERS � o q� November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL JI III INDEX be to only allow convenience items to be sold through vending machines which is currently permitted by Code. Commissioner Merrill requested that Section 20.70.050 (c) 1. be clarified to state Parking on site is prohibited except for such vehicles as are in the process of being serviced, those belonging to employees, customers using rest rooms, customers making purchases,... Substitute Substitute motion was made to continue Amendment No. 738 to Motion * the Planning Commission meeting of January 23, 1992, inasmuch as there was not adequate information to make a decision. He referred to the City of Riverside regulations not allowing the sale of beer and wine, and Commissioner Pomeroy requested statistical information determining if there would be an intensification of use. Commissioner Merrill did not support the continuance inasmuch as the proposed amendment also allows additional uses that would assist the service stations in providing more business. He said that • the request to allow convenience items could come back to the Planning Commission at a later date. Commissioner Pomeroy stated that he would withdraw the substitute motion if staff would provide information at the January 23, 1992, Planning Commission meeting concerning findings that other cities have used to eliminate the sale of beer and wine, and also the number of trips generated by the typical store as to non - gasoline purchases. Ayes. * Substitute motion was voted on to continue Amendment No. 738 Noes * * * * to the January 23, 1992, Planning Commission meeting. MOTION Absent FAILED. Ayes * Motion was voted on to approve Amendment No. 738, Resolution No No. 1267, deleting the sale of convenience items. MOTION Absent D. • -8- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX General Plan Amendment No. 91 -3 (C) (Public Hearing) item No.4 Request to amend the Land Use Element of the General Plan. so Gra 91 -3C as to increase the floor area limit from 2,000 square feet to 2,300 square feet to allow the addition of a mini mart to an existing UP1495A automobile service station. .4ppYovec INITIATED BY: The City of Newport Beach AND B. Use Permit No. 1495 (Amended) (Continued Public Hearing) Request to amend a previously approved Use Permit which permitted the establishment of an automobile service station on property located in the Big Canyon Planned Community. The proposal involves a request to upgrade the existing service station facility with architectural facade treatment and landscaping and the • addition of a retail convenience store (mini mart) to the existing facility. Also included in this application is a request to amend the previous conditions of approval which limited the existing facility to a full service facility, so as to also permit a self - service use; to eliminate the requirement for food and other merchandise to be sold only in dispensers; and to allow additional price, logo and informational /directional signage associated with the proposed remodel and the new mini mart that exceed permitted signage. L,OCATION: Parcels No. 1 and 2, Parcel Map 33 -50 (Resubdivision No. 299), located at 1600 Jamboree Road, on the northeasterly comer of Jamboree Road and San Joaquin Hills Road, in the commercial area of Big Canyon. ONE: P-C APPLICANT- Texaco Refining and Marketing, Los Angeles OWNER: The Irvine Company, Newport Beach • ames Hewicker, Planning Director, explained that the proposed equest would allow the applicant to increase the allowable floor -9- COMMISSIONERS orb November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX area by by 300 square feet so as to allow vending machines in the additional space. The public bearing was opened in connection with this item, and W. Ted Harriss, 3636 Harbor Boulevard, Santa Ana, appeared before the Planning Commission on behalf of the applicant. Mr. Harriss referred to the previous public hearing regarding Amendment No. 738 wherein the Planning Commission denied permission to allow the sale of convenience items on shelves in conjunction with the operation of automobile service stations; however, he expressed a desire to continue with the public hearing regarding further expansion. Mr. Harriss stated that the mini mart is proposed to maintain 540 square feet of floor area, and the additional space was not intended to sell more than gum and sodas so as to supplement the service station's income. The rest rooms will be upgraded, and the breezeway will be enclosed so as to rain- proof the access from the sales office to the rest rooms. The vending machines that would be installed are generally owned by a vending machine company and provide little income to the operator. Mr. Harriss stated that the 50,000 square foot parcel is a Texaco flagship service station that is unique to their system, and he pointed out that extensive landscaping is proposed. He stated that the lease with The Irvine Company will be in affect for four more years at $140,000.00 per year, and at that time, the Texaco Company may abandon the property which would allow a retail development on the property. Mr. Harriss stated that the service station operator is wanting to increase the monthly revenue by selling only small snack items. response to a question posed by Commissioner Debay, W. Harriss stated that a powerful industry initiated the State Law that allows the sale of beer and wine at service stations. He said that Texaco's attorney has indicated there are ways to engineer around e State Law wherein Commissioner Debay suggested that Texaco's attorney contact the City Attorney's Office. In response to a question posed by Commissioner Glover, Mr. Harriss replied that the vending machines would be installed in the roposed expanded area. She referred to the letter from Canyon Hills Community Association dated November 12, 1991, regarding -10- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX the concerns of the neighborhood and the debris that exists around the service station. Mr. Harriss explained that the applicant intends to upgrade the site, and he apologized if the neighbors consider the property 'messy'. Commissioner Pomeroy referred to the accumulation of debris surrounding the automobile maintenance area. In response to a question posed by Commissioner Edwards, Mr. Harriss replied that the applicant did not contact the residents in the surrounding neighborhood with respect to the proposed request. Mr. Tom Myan, 30 Rue Fontainebleau, appeared before the Planning Commission on behalf of the Canyon Mesa Homeowner's Association, and he expressed his support of the proposed landscaping and his concern regarding the close proximity of the Big Canyon neighborhood and the service station's loudspeakers, the burning of rubber, and the testing of automobile alarms, etc. Mr. Myan stated that the neighbors do not want the service station to close, and he expressed a desire that the residents and the service station be compatible neighbors. In response to a question posed by Commissioner Edwards, Mr. Myan stated that he does not object to the requested 300 square foot addition and the installation of vending machines. Mr. Leonard Feinman, 22 Rue Grand Ducal, appeared before the Planning Commission. In response to a question posed by Mr. Feinman, Chairman Di Sano replied that no alcohol will be sold at the service station by vending machine or over the counter. Mr. William Minna, 31 Rue Fontainebleau, appeared before the Planning Commission, and he supported the proposed 300 square foot expansion and the vending machines. He expressed his concern regarding the cost of gasoline at the service station. Mr. Bernie Rome, 3 Pinehurst Lane, appeared before the Planning Commission on behalf of the Canyon Hills Community Association to state the Association's opposition to a mini mart on the property. He requested that tires, etc. be stored inside the • building; that engines are overhauled and repaired at the service station; and banners and flags are hung periodically. Mr. Rome -11- COMMISSIONERS November 21, 1991 MINUTES 0 on- CITY OF NEWPORT BEACH ROLL CALL INDEX stated that the service station is convenient for the residents and they would like to see it remain on the site. In response to a question posed by Commissioner Glover regarding Condition No. 5, Exhibit 'B ", stating that no outdoor loudspeaker system shall be permitted on the premises, Mr. Rome replied that a loudspeaker system currently exists on the premises. Commissioner Pomeroy referred to the staff report dated December 2, 1970, the public hearing the Planning Commission approved the original use permit wherein it states that ...there shall be no major engine and transmission overhaul or repairs, and William L.aycock, Current Planning Manager, explained that staff has recommended that the original use permit conditions be null and void because the conditions no longer pertain to the Service Station Ordinance, and Condition No. 6, Use Permit No. 1495 (Amended) states that all automobile repair work shall be conducted within the • building. Mrs. Barbara Gaughan, President of Canyon Mesa Homeowner's Association, 4 Rue Chateau Royal, appeared before the Planning Commission, and she addressed her concerns regarding the music that comes through the loudspeaker system late at night; the unsightly oil cans; and the number of automobiles that are parked on the property. Commissioner Pomeroy pointed out that if the conditions of the use permit are violated, the concerned individuals may contact the Code Enforcement Office to report the infractions. Mr. Tom Myan reappeared before the Planning Commission herein he expressed a concern regarding the doors that would remain open during automobile repair. There being no others desiring to appear and be heard, the public hearing was closed at this time. response to a question posed by Commissioner Edwards egarding Use Permit No. 1495 (Amended) Exhibit "B ", Ms. Flory uggested that Conditions No. 3 and No. 4 be amended to include 7s amended by Amendment No. 73$ and Condition No. 11 be • ended to state that General Plan Amendment No. 91 -3 will not ecome effective until 30 days after City Council approval. -12- COMMISSIONERS November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX In response to a question posed by Chairman Di Sano, the public hearing was reopened at this time, and Mr. Harriss reappeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "B ". The public hearing was closed at this time. Motion Motion was made to adopt General Plan Amendment No. 91 -3(C) (Resolution No. 1271), and to approve Use Permit No. 1495 (Amended) subject to the findings and conditions in Exhibit "A", including amended Conditions No. 3, No. 4, and No. 11. The motion was based on the maker of the motion's understanding of Ms. Flory's testimony during the public bearing for Amendment No. 738, and the interpretation of the Business and Professions Code as it pertains to vending machines. Chairman Di Sano supported the motion on the basis of the • applicant's consideration of the proposed 300 square foot addition, and he suggested that staff explore the feasibility of allowing convenience items with the exception of beer and wine. Ayes * * * Motion was voted on to approve General Plan Amendment No. 91- Absent * 3(C) Resolution No. 1271, and Use Permit No. 1495 (Amended) Reso.1271 subject to the findings and conditions in Exhibit 'B" (deletes retail convenience store). MOTION CARRIED. Fin 'n 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have a significant environmental impact. 3. That the design of the development or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property • within the proposed development. -13- COMMISSIONERS • �0�� G �� November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. The approval of this application 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, and further that the proposed modification for the additional signing is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, landscape plan, • floor plan, elevations, and signs except as noted below. 2. That all previous conditions of Use Permit No. 1495 shall become null and void. 3. That there shall be no retail sale of convenience items beyond that which is permitted by Chapter 20.70 as amended by Amendment No. 738. 4. Except as otherwise provided in this approval, the subject service station shall be developed and operated in conformance with the provisions of the City's Automobile Service Station Ordinance as set forth in Chapter 20.70 as amended by Amendment No. 738. S. That no outdoor loudspeaker system shall be permitted on the premises. However, the operation of an outdoor intercom system between the pump islands and the cashier shall be permitted, but shall be operated so as not to be audible from adjoining residential properties. . 6. That no boats or recreational vehicles shall be stored on the property. -14- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 7. That all automobile repair work shall be conducted within the building. 8. That an additional enclosed outdoor storage area shall be provided for general storage and shall be located adjacent to the proposed trash enclosure at the rear of the property. Said storage area shall be the same size or larger than the proposed trash enclosure as shown on the approved plans. No outdoor storage shall be permitted, except as provided in Chapter 20.70 of the Municipal Code, 9. That a minimum of 20 off - street parking spaces shall be provided on site for the service station operation. 10. That the hours of operation for the service station and the sale of convenience items shall be limited between the hours • of 6:00 amL and 11:00 p.m. daily. 11. This approval shall be contingent upon the City Council's approval of General Plan Amendment No. 91 -3(C), which becomes effective 30 days after the approval. 12. That all improvements be constructed as required by Ordinance and the Public Works Department. 13. 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 building permit prior to completion of the public improvements. 14. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 15. That the existing tree damaged and displaced portions of sidewalk be reconstructed along the San Joaquin Hills Road and Jamboree Road frontages and that a curb access ramp be constructed at the comer of San Joaquin Hills Road and Jamboree Road. That all work be completed under an -15- COMMISSIONERS November2l, 1991 MINUTES ��e \\ CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX encroachment permit issued by the Public Works Department. 16. That the proposed monument signs be redesigned or relocated in order to provide vehicular and bicycle sight distance in conformance with the City's Sight Distance Std. 110 -L. . 17. 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. 18. That a landscape and irrigation plan for the site shall be approved by the Public Works, and Parks, Beaches and Recreation Departments. The landscaping shall be installed • in accordance with the prepared plans prior to final inspection by the Building Department. 19. That the public rest rooms shall be open to the general public during all hours of operation. 20. 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. 21. 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. The Planning Commission recessed at 9:05 p.m. and reconvened at . 9:15 P.M. « «« -16- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL il Jill INDEX A. General Plan Amendment No 91 -1(C) (Public Hearing). Item No.5 Request to amend the Land Use Element of the General Plan so GPA 91 -1C as to increase the allowable development on the new library site for the Newport Village Planned Community from 50,000 sq. ft. to LCPA 24 65,000 sq. ft.; approval of a Development Agreement; and the A728 acceptance of an environmental document. A729 INITIATED BY: The City of Newport Beach A 730 AND A746 B Local Coastal Program Amendment No 24 (Public Hearing) TS 72 Request to amend the Local Coastal Program Land Use Plan so as R973 to transfer 30,000 square feet of allowable office development from the Newport Village Planned Community to the Corporate Plaza Approved . West Planned Community. INITIATED BY: The City of Newport Beach AND C. Amendment No. 728 (Public Hearing) Request to amend the Corporate Plaza Planned Community Development Plan so as to permit 85,000 sq. ft. of additional office development transferred from the Newport Village Planned Community. The proposal also includes a request to amend the Planned Community sign provisions so as to be consistent with the proposed sign provisions of the Corporate Plaza West Planned Community. LOCATION: Corporate Plaza Planned Community bounded by Farallon Drive, Avocado Avenue, East Coast Highway and Newport Center Drive, located southerly of Fashion Island, in Newport Center. ZONE: P-C -17- COMMISSIONERS November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant AND D. Amendment No. 729 (Public Hearing) Request to amend the Civic Plaza Planned Community Development Plan so as to add 57,150 sq. ft. of additional office development, 35,000 sq. ft. of which would be transferred from the Newport Village Planned Community and 22,150 sq. ft. of which is new development entitlement, and to delete 14,000 sq. ft. of library entitlement, which would be transferred to the Newport Village Planned Community. The proposal also includes: a request to amend the existing Planned Community sign standards; a change to require the approval of a use permit for restaurants rather than a site plan review; and a change to require the Modifications Committee's review of the number and design of compact parking spaces, rather than the Planning Commission. LOCATION: Civic Plaza Planned Community generally bounded by San Joaquin Hills Road, Santa Cruz Drive, San Clemente Drive and Santa Barbara Drive, located northerly of Fashion Island, in Newport Center. ZONE: P -C APPLICANTS: The City of Newport Beach and the Irvine Company, Newport Beach OWNER: Same as applicant AND E. Amendment No. 730 (Public Hearing) Request to establish Planned Community District Regulations and adopt a Planned Community Development Plan for the Corporate -18- COMMISSIONERS November 21, 1991 MINUTES f CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX Plaza West Planned Community. The proposal includes 145,000 sq. ft. of development, 30,000 sq. ft. of which is transferred from the Newport Village Planned Community and 115,000 sq. ft. which is currently entitled in the General Plan. LOCATION: Corporate Plaza West Planned Community, located at the northwesterly comer of Newport Center Drive and East Coast Highway, in Newport Center. ZONE: P -C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant AND F. Amendment No. 746 (Public Hearing) Request to amend the Newport Village Planned Community Development Plan so as to: expand the boundary of the Planned Community so as to include the land bounded by Avocado Avenue, San Miguel Drive, MacArthur Boulevard and San Joaquin Hills Road; revise the land use plan so as to identify five statistical development areas which are distributed between two land use designations of Governmental /Institutional and Open Space, and delete the multiple family residential and retail designations; add development standards for the development of a 65,000 sq, ft. library, a 100,000 sq. ft. museum, and a 4 acre public park; and the addition of a General Notes Section. LOCATION: Newport Village Planned Community bounded by San Miguel Drive, MacArthur Boulevard, East Coast Highway and Avocado Avenue, located southeasterly of Corporate Plaza, in Newport Center. • ZONE: P -C -19- COMMISSIONERS November21, 1991 MINUTES \CITY OF NEWPORT BEACH ROLL CALL ji Jillj INDEX APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant AND G. Traffic Study No. 72 (Public_ Hearing) Request to approve a Traffic Study so as to demonstrate compliance of the proposed entitlements for Civic Plaza, Corporate Plaza, and Corporate Plaza West with the Traffic Phasing Ordinance. LOCATION: Civic Plaza, Corporate Plaza, and Corporate Plaza West Planned Communities. • ZONE: P -C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant AND H Resubdivision No. 973 (Public Hearing) Request to resubdivide an existing parcel of land into three parcels; one parcel for a museum, one parcel for a library and one parcel for office development on property located in the P -C District. LOCATION: A portion of Block 93, Irvine's Subdivision, located at 800 - 1200 Avocado Avenue, comprising the entire southeasterly side of Avocado Avenue between San Miguel Drive and East Coast Highway, in Newport Center. ZONE: P-C • APPLICANT: The Irvine Company, Newport Beach -20- COMMISSIONERS 0 November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX OWNER: Same as applicant James Hewicker, Planning Director, stated that the foregoing actions would implement the library Exchange Agreement between the City of Newport Beach and The Irvine Company. He stated that the addendum to the staff report is in response to concerns posed by Harbor View Hills residents. Don Webb, City Engineer, explained that the addendum consists of modified conditions to Resubdivision No. 973, and he recommended that Condition No. 16 be deleted stating That grading required to provide access to Parcel No 2 across Parcel No I shall be at the expense of the owner of Parcel No. I inasmuch as it was addressed in another agreement. In response to a question posed by Commissioner Debay regarding • compact parking spaces, Mr. Webb replied that universal parking spaces are being utilized. Commissioner Pomeroy addressed Amendment No. 746 (Newport Village), indicating that building heights would be limited to the extension of the sight plane established for Corporate Plaza PC, or 45 feet whichever is less. The public hearing was opened in connection with this item, and Mr. Tom Redwitz appeared before the Planning Commission on behalf of The Irvine Company, and he concurred with the findings and conditions in Exhibit "A'. Mr. Redwitz addressed the need and desire for a new library, and the cooperation that exists between the City and The Irvine Company to see that the City's goal is met to construct a new library. Mrs. Deborah Allen, 1021 White Sails Way, appeared before the Planning Commission on behalf of the Harbor View Hills Community Association, and she stated that all of the Association's previous concerns have been addressed by staff. There being no others desiring to appear and be heard, the public • hearing was closed at this time. -21- COMMISSIONERS \,OA November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX notion * Motion was made and voted on to approve General Plan Ayes - * * * * * * Amendment No. 91 -1(C), Development Agreement No. 4, and the Absent * acceptance of an environmental document, (Resolution No. 1272); Res. 1272, Local Coastal Program Amendment No. 24, (Resolution No. 1273); 1273 ,1274 Amendment No. 728, (Resolution No. 1274); Amendment No. 729, 12.75,1276, (Resolution No. 1275); Amendment No. 730, (Resolution No. 1277 1276); Amendment No. 746, (Resolution No. 1277); Traffic Study No. 72, and Resubdivision No. 973, subject to the findings and conditions in Exhibit "A ", as amended, including deletion of Condition No. 16, Resubdivision No. 973. MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT Finding: That the Planning Commission has reviewed Draft EIR No. 149 and finds that it has been prepared in compliance with the requirements of CEQA, the state CEQA Guidelines, and the City's environmental review procedures. Mitigation Measures: Traffic and Circulation 1. All project proponents shall participate in the Newport Center Transportation Management Association. 2. Prior to occupancy of any permitted structure, a site specific Transportation Management System (TMS) component shall be prepared by project proponents and approved by the City Public Works and Planning Departments. Air Quality 3. Parking areas shall be paved early during construction activities. Appropriate construction phasing shall be determined in conjunction with the Public Works Department prior to issuance of -22- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX grading permits. 4. Major grading shall occur when soil moisture is high. Appropriate conditions shall be determined by the Public Works Department prior to , issuance of grading permits. 5. Secure bicycle facilities shall be incorporated into projects. Compliance shall be determined by the Planning and Building Departments prior to issuance of building permits. 6. The proposed projects shall comply with all appropriate emission control measures as required by the AQMD. 7. The project shall comply with all Title 24 energy efficiency requirements. 8. The office component of the proposed project shall participate in existing ridesharing programs in the Newport Center area, and comply with AQMD Regulation XV requirements if office size exceeds certain employee thresholds. 9. Grading of projects shall be phased to one site at a time, where feasible, to limit the area disturbed simultaneously. 10. To the extent feasible, projects should consider establishment of alternative work schedules to reduce peak hour travel. Noise 11. Prior to issuance of any building permits, an acoustical study shall be prepared based on actual • pad, property, roadway grades, building locations, and orientation to assure that noise impacts do not exceed 50 CNEL for interior areas of office or -23- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL il Jill INDEX library buildings, and 55 CNEL for any retail /commercial establishments. Water Resources 12. Any on -site systems or extension of culverts for contributory drainage from areas outside the future proposed developments shall be considered a localized condition. These culverts shall be studied during the project design phase and any required improvements shall be installed in conformance with local ordinances and accepted engineering practice. 13. All existing and proposed desilting basins located within Newport Center or serving projects located within Newport Center shall be maintained by the project proponent, until such time as an appropriate • agency accepts maintenance responsibility. 14. The project proponent shall comply with all requirements of the Regional Water Quality Control Board. Cultural Resources 15. Prior to issuance of grading permits for any construction on the Newport Village site, an archaeological and paleontological records search shall be conducted by a qualified archaeologist to determine whether proposed activities would encroach upon or otherwise adversely impact the previously recorded Locus A or B of CA -Ora -167. 16. If it is determined that proposed activities would affect CA- Ora -167, the following specific procedures shall be implemented: • -24- COMMISSIONERS cV' • \0� * e November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL III Jill INDEX CA-Ora -167 - Locus A a. A survey of the site area shall take place during which time surface materials shall be flagged in order to identify the horizontal surface boundaries of the locus. b. Following identification of the surface extent of any cultural resources, a 5 square meter grid system shall be laid out that encompasses all flagged material. C. Using the grid system, all flagged material shall be systematically collected. d. After collection of surface materials, two to three units measuring 1 square meter shall be • placed within the grid system, to provide the limits of the vertical distribution of the cultural material as well as identifying its subsurface integrity. e. Following completion of the subsurface units, a series of hand -dug postholes shall be placed in the site to further define its subsurface horizontal distribution. L All material recovered from surface collection and subsurface units shall be analyzed and catalogued. g. If sufficient shellfish remains are recovered from the subsurface, at least two samples shall be submitted for C14 dating. h. The results of the test program, including methodology, analysis of recovered material, and recommendations, if necessary, for further work shall be documented in a report. -25- COMMISSIONERS November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX i. All of the above work shall be undertaken by an archaeologist on the Orange County List of Certified Archaeological Consultants. CA- Ora -167 - Locus B a.. Because of the suspected disturbed nature of Locus B, an approved archaeologist shall be present during the initial grading phase at the location previously identified as that of Locus B. If a significant subsurface deposit is uncovered during the grading the project proponent shall be prepared to have the material evaluated and if need be permit the introduction of a limited test -level investigation. Aesthetics 17. Detailed visual analysis shall be conducted at the time of use permit or site plan review for all uses to assure that no significant adverse visual impacts will occur. Compliance shall be determined by the City of Newport Beach Planning Department. 18. Earth berms and graded slopes shall be contoured and landscaped to the approval of the Planning and Building Departments. 19. No exterior signs shall be permitted above the top of the second story. 20. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 21. No illuminated signs shall be roof - mounted. • 22. All roof - mounted mechanical equipment shall be screened by architectural features and shall conform to established height limits in specific areas. -26- COMMISSIONERS CEO �A01 G �f November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 23. No illuminated building signs within Newport Village sball be oriented toward MacArthur Boulevard. Police 24. The project proponent shall work in conjunction with the City of Newport Beach Police Department to ensure that crime prevention features are included in building design and construction. Sewer /Wastewater 25. Prior to issuance of any building permits, project proponents shall demonstrate to the Building and Public Works Departments that adequate sewerage capacity is available to serve the project. B. GENERAL PLAN AMENDMENT 91 -1(C) Adopt Resolution No. 1272, recommending City Council approval of General Plan Amendment 91 -1(C). C. DEVELOPMENT AGREEMENT NO. 4 Findings: 1. That the Development Agreement is in compliance with California Government Code Section 65864 et seq. and Newport Beach Municipal Code Chapter 15.45. 2. That adoption of the Development Agreement would not preclude the City from conducting future discretionary reviews in connection with the project, nor would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. -27- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX Conditions: 1. Once every 12 months from the date of execution of the Development Agreement, the project proponent or his successor in interest sball prepare and submit for review by the City Council a report demonstrating compliance with the terms of the Agreement, as required by Section 15.45.070 of the Newport Beach Municipal Code. D. LOCAL COASTAL PROGRAM AMENDMENT NO, 24 Adopt Resolution No. 1273, recommending City Council approval of Local Coastal Program Amendment No. 24. E. AMENDMENT NO, 728 Adopt Resolution No. 1274, recommending City Council approval of Amendment No. 728. F. AMENDMENT NO, 729 Adopt Resolution No. 1275, recommending City Council approval of Amendment No. 729. G. AMENDMENT NO, 730 Adopt Resolution No. 1276, recommending City Council approval of Amendment No. 730. H. AMENDMENT NO, 746 Adopt Resolution No. 1277, recommending City Council approval of Amendment No. 746. • -28- COMMISSIONERS • q November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 11111 INDEX I. TRAFFIC STUDY NO, 72 Fin in 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the traffic study indicates that the project, with the mitigation provided by the construction of Newport Coast Drive, will neither cause nor make worse an unsatisfactory level of service on any major, primary- modified, or primary street. • Conditions: 1. All project proponents shall participate in the Newport Center Transportation Management Association. 2. Prior to occupancy of any permitted structure, a site specific Transportation Management System (TMS) component shall be prepared by project proponents and approved by the City Public Works and Planning Departments. J. RESUBDPASION NO. 973 Findings: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. • -29- COMMISSIONERS November21, 1991 MINUTES \0�\v\N CITY OF NEWPORT BEACH ROLL CALL INDEX 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. Conditions• 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. That the Parcel Map be prepared so that the Bearings relate to the State Plane Coordinate System. 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. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. 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 obtain a grading permit prior to completion of the public improvements. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 5. That the intersection of Avocado Avenue 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 within the sight line shall not exceed twenty-four inches in . height. The sight distance requirement may be -30- COMMISSIONERS d, O November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX modified at non - critical locations, subject to approval of the Traffic Engineer. 6. That an easement for ingress and egress be provided across Parcel No. 1 for the benefit of Parcel No. 2. 7. That easements be provided for all public utilities crossing the subject project with the width of easements to be approved by the Public Works Department. 8. That all- weatber surface roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width and design to be approved by the Public Works Department. 9. That all vehicular access rights to MacArthur • Boulevard, San Miguel and East Coast Highway be released and relinquished to the City of Newport Beach. That all vehicular access rights to Avocado Avenue be relinquished except at approved driveways, a maximum of five (5) locations as approved by the Public Works Department. 10. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 11. That a hydrology and hydraulic study be prepared along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel 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 of each parcel. • 12. a. That right -of -way be dedicated to the public for street and highway purposes along the MacArthur Boulevard frontage for a major -31- COMMISSIONERS o y� November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX arterial highway that has been realigned to accommodate changes in grade. The width of dedication shall be approved by the Public Works Department and be consistent with the Circulation Element. 13. That right -of -way be dedicated to the City for a bus turnout along the East Coast Highway frontage with the location, width and length to be approved by the Public Works Department. 14. That County Sanitation District fees be paid prior to issuance of any building permits. 15. 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 (East Coast Highway and MacArthur Boulevard) or within the San Miguel right -of -way. There shall be no storage of materials within the Avocado Avenue right -of -way. 16. Deleted. 17. That any Edison transformers or water system detector checks serving the site be located outside the sight distance planes as described in City Standard 110-L. 18. That a 20 foot wide relocatable pedestrian/bicycle easement be dedicated across parcel 3 to provide access if a pedestrian/bicycle bridge is constructed across MacArthur Boulevard at the prolongation of • Crown Drive. The easement is to provide access to both Parcel 2 and Avocado Avenue with the precise -32- COMMISSIONERS November 21, 1991 MINUTES 03 CV' d . 0� 0 � \CITY OF NEWPORT BEACH ROLL CALL INDEX alignment to be determined when MacArthur Boulevard is widened. If the bridge is not constructed with the MacArthur Boulevard widening project, then the easement will be relinquished. A. Amendment No. 743 (Continued Public Hearing) Item No .6 Request to establish Planned Community District regulations and A743 adopt a Planned Community Development Plan for Castaways Ts80 Marina; and the acceptance of an environmental document. R972 AND Approved B Traffic Study No 80 (Continued Public Hearing) iRequest to approve a traffic study so as to permit the construction of a 125 slip marina with support parking and accessory facilities in the Castaways Marina Planned Community. AND C. Resubdivision No. 972 (Continued Public Hearing) Request to create one parcel of land for marina development in the Castaways Marina Planned Community. LOCATION: A portion of Lot 1, Tract No. 1125, located at 300 Dover Drive, on the northeasterly corner of Dover Drive and West Coast Highway on the Castaways property. ZONE: P -C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant -33- COMMISSIONERS November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX ENGINEER/ SURVEYOR: Dulin and Boynton Surveyors, Signal Hill Don Webb, City Engineer, recommended that Mitigation Measure No. 70 be added to Environmental Impact Report No. 138. The mitigation measure would require the marina to conform with proposed harbor lines that are in agreement with the County and the City. The County is in the process of changing harbor lines that would provide for a substantially different type of bay development. The applicant has agreed to conform with the revised lines. Commissioner Glover addressed the draft EIR concerning the crib wall, and a traffic signal at the intersection at Dover Drive and Cliff Drive. Mr. Webb explained that the existing slope would be required to move back and The Irvine Company proposed to use a crib wall with the idea that the wall could allow more planting than an average solid face wall. The City is interested in a wall that • would provide landscaping vines, etc. to cover up and reduce the impact of the wall. Mr. Webb further explained that a traffic signal at the intersection of Dover Drive and Cliff Drive has been warranted since 1971, and there have been two fatalities at the intersection during the past two years that could have been prevented if a traffic signal had been installed at the intersection. In response to questions posed by Commissioner Glover regarding the intersection, Mr. Webb replied that he did not foresee a backup of traffic on to West Coast Highway if a traffic signal would be installed at the intersection, and it would provide an opening for traffic to and from Cliff Drive. The proposed installation of crosswalks on Dover Drive would provide access to the Castaways area, and the signals would provide sufficient time to allow individuals time to cross the street. Commissioner Edwards addressed the comments in the staff report regarding the appropriateness for the Planning Commission to consider the environmental impact in the evaluation of the project. Ms. Patricia Temple, Advance Planning Manager, responded that normally marina projects do not come before the Planning . Commission inasmuch as the marinas do not occur in areas that are zoned or subject to Title 20. A portion of the subject marina is to be created out of the uplands which is zoned Planned Community -34- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX (P -C), and, therefore, this project is subject to a zoning action. The Environmental Impact Report identifies impacts of the project and it is 100 percent appropriate for the Planning Commission to consider the impacts of the project as the Commission considers the appropriateness of the land use and the requested zoning. The testimony during the public hearing may address the appropriateness. of the design or size of wetlands, or habitat mitigation, and the mitigation measures are written so that the project must receive all of the appropriate permits. Planning is not in a position to judge the merits of a habitat mitigation program, and it is up to the resource agencies and all of the related agencies to determine and approve the dredging permit and a mitigation plan to decide whether the proposed plan is adequate. In response to a question posed by Commissioner Debay, Ms. Temple explained that the Planning Commission's decision is no less compelling than the other agencies inasmuch as the • Commission will make a decision regarding the appropriateness of the marina on the site. The General Plan allows a 40,000 square foot entitlement that permits retail, visitor serving, marine -type commercial, and restaurants uses. In response to a question posed by Commissioner Edwards regarding the size of the proposed marina, Tony Melum, City Tidelands Administrator, appeared before the Planning Commission. Mr. Melum explained that the 121 slips proposed at the horseshoe shaped marina could be compared to the existing Balboa Yacht Basin that consists of 171 slips. In response to questions posed by Commissioner Glover, Ms. Temple explained that a marina and a mobile home park existed at the subject location prior to the construction of the Coast Highway bridge. The public hearing was opened in connection with this item, and Mr. Edward Powers, President of California Recreation Company and Project Manager for the proposed Castaways Marina, appeared before the Planning Commission on behalf of the applicant. Mr. Powers presented a brief history of the subject property that included a marina consisting of 67 small slips, and a mobile home -35- COMMISSIONERS \0� � • `� November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL 11 fill INDEX park, and the eventual removal of the mobile home park and the destruction of the marina so as to construct the Coast Highway Bridge. Mr. Power explained that Tideland Fees have been paid since 1981 despite the fact that no marina existed on the property. In response to a question posed by Chairman Di Sano, Mr. Power concurred with the findings and conditions in Exhibit "A ". Mr. Jerry King, J. A. King and Associates, appeared before the Planning Commission on behalf of the Castaways Marina. Mr. King addressed the project and previous uses that existed on the property. The proposed project will consist of a floating pile support and a land base facility designed and tested for hazards that could occur to the marina. The construction consists of a wooden structure and concrete pile, and wooden pier sections are desired as opposed to the concrete sections because flexibility is necessary during periodic storm flow through the Bay. The . proposed facility would include restrooms and showers; trash and storage containers for the boaters and users; a utility area; on -site hydrants to address fire emergencies that could occur in the marina; and a sanitary pump out station that is consistent with the City's plan to require pump outs throughout the bay area. Retail uses that would be allowed on the site have been relinquished. A public viewing area and public access to the beach running along the upper Castaways site and 106 parking spaces will he provided adjacent to Dover Drive. The protected bike trail and the walkway would proceed under the bridge. The draft EIR consists of a study of 125 slips, and because of concerns, including the halibut area, the applicant proposes to reduce the marina size. The walkway will provide for approximately 60± slips and the marina basin will also provide for 60± slips that will be developed by dredging materials. The slips will accommodate 35 foot to 45 foot boats. Mr. King explained that the marina construction will occur in three phases: the first phase will replace the old bulkhead, the second phase will consist of the dredging activity of approximately 67,000 cubic yards of material, and the third phase will consist of the construction of the marina. He said that the plans of the proposed marina have been reviewed by several homeowner associations located in the surrounding neighborhoods, and by professional -36- COMMISSIONERS o 0 November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL J I I I I I INDEX organizations. The concerns that were expressed by the homeowners associations have been addressed and agreed to by the applicant. Mr. King stated that the grading and dredging activities that will take place in the marina will meet with the required permits, and the approved plans will be prepared by a licensed Civil Engineer. The loss of the mud1lat area in the project area will be mitigated at a replacement ratio of 1.5 to 1, in an Army Corps of Engineer approved site, and the same mitigation will apply to the sub -tidal halibut nursery in an Army Corps of Engineer site at a 1.5 to 1 replacement factor. Mr. Randy Mason, Cash and Associates, Engineering, 5772 Bolsa Avenue, Huntington Beach, appeared before the Planning Commission, and he described the proposed plan for the marina. He explained that a new bulkhead is proposed in the back lands and excavation is proposed to create water space for the marina. At the 'toe' of the bluffs is an adjudicated line of ordinary high tide, indicating that everything on the water side of the line is County jurisdiction, and the land side of the line is City jurisdiction. He addressed the center divider on Dover Drive that would only allow a right turn into and out of the site. The temporary haul road for the 125 slip marina is for the dredging activities that would occur on the site. The material would be dredged and dried on site, and removed by truck via the temporary haul road to 16th Street. Mr. Mason addressed the restroom facilities, parking, landscape areas, access to the water space and bulkheads, and the sidewalks along the bulkhead wall. The wooden pier structure would provide public access; however, the public would not have access to the boats and slips. Mr. Mason addressed the environmental concerns of several agencies regarding the halibut habitat and the mudflats. He explained that to mitigate said concerns was to reduce the number of boat slips by 3 to 121 slips and to rotate the end of the marina to reduce impacts to certain habitat areas. The amount of dredging material that was originally going to be dredged was eliminated, • and the bottom elevation of the basin was raised slightly to make a smoother transition with the existing mud line in the channel. As -37- COMMISSIONERS November2l, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL il Jill INDEX a result of the foregoing, the impact of the young -of -year halibut was reduced by 25 percent, the mudflats that were going to be dredged has been reduced by 50 percent, and additional water space has been created in the bay. The intersection at Dover Drive and Cliff Drive will be signalized and will provide an access to the marina site. In response to a question posed by Commissioner Debay regarding access ramps, Mr. Mason replied that there are existing facilities in the Back Bay that are equipped to provide access ramps for small boats. The limited space on the proposed site does not allow an area for access ramps because of the lack of parking facilities, and no area is provided for staging trailers and vehicles. In response to questions posed by Commissioner Glover, Mr. Mason replied there would not be a stacking of boats, and there is not a facility that would allow the boats to be removed from the • water. In response to a question posed by Commissioner Pomeroy regarding the comparison of slip size with other marinas in the harbor, Mr. Mason explained that the slip widths that range from approximately 14 feet to 17 feet wide are based on power boat beam widths and are the widest widths that are recommended by the State. Mr. Melum explained that the Balboa Yacht Basin marina was designed in conjunction with specifications provided by the State Boating and Waterways wherein he explained the percentage of 170 slips that range from 31 feet long and 13 foot beam, 35 feet long and 13 foot beam, and 40 feet long and 14 to 15 foot beam. Commissioner Pomeroy, Mr. Mason, and Mr. Melum discussed the size of the proposed marina with the size of the Balboa Yacht Basin marina. In response to a question posed by Chairman Di Sano, Mr. Power reappeared before the Planning Commission wherein he replied that a boat would not be permitted if it is larger than the fairway. In response to Commissioner Pomeroy's foregoing concerns, Mr. Power explained that the marina's design considers the future size • of boats. -38- COMMISSIONERS • 0 November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX In response to a question posed by Commissioner Edwards, Mr. Power explained that the Balboa Marina located adjacent to the two Reuben restaurants has 132 boat slips ranging from 27 feet to 55 feet and are not as wide as the proposed slips. Mr. Allen Beek, 2007 Highland Avenue, appeared before the Planning Commission. Mr. Beek presented a brief history of when his father developed the Balboa Yacht Basin marina. He supported the subject property reverting to a marina, and the resubdivision. He opposed the rezoning to a Planned Community, inasmuch as he would have preferred Commercial zoning for tighter control. He opposed a road on the upper Castaways site inasmuch as it is an attractive and historical site and should not be disturbed, the proposed haul route, and the intersection at Dover Drive and Cliff Drive. The proposed marina is a better use for the site than a restaurant inasmuch as it has low intensity uses. The EIR is inadequate inasmuch as it does not address the flood danger • and the tidal flow. The pierbead line should be parallel to the shore of Bayshores, except it should touch the furthermost point of the adjudicated line that is the narrowest part of the channel. In response to a question posed by Commissioner Edwards, Mr. Webb described the existing 100 foot wide navigational channel from the diagram on display, and consideration of a 200 foot wide navigational channel by the County and City. The proposed marina would consist of a pierhead line set back from the navigational channel of 20 feet, and at the area beyond the proposed marina, the pierhead line would be where the beach exists. The bulkhead line follows the line that The Irvine Company is proposing. In response to a question posed by Commissioner Glover, Mr. Webb explained that the proposed intersection at Dover Drive and Cliff Drive would be constructed for safety purposes, and to eliminate u -turns on 16th Street and the entrance to the Bayshores area. In response to a question posed by Commissioner Pomeroy, Mr. • Webb explained that the concerns regarding the 17,000 cubic feet per second flood flow that would come into the Upper Back Bay -39- COMMISSIONERS November2l, 1991 MINUTES 0�`e \, CITY OF NEWPORT BEACH ROLL CALL INDEX does not flow at a rapid speed for a very long period of time inasmuch as the water would. spread out in the Upper Bay. Mr. Gage of the Orange County Sheriffs Department on Bayside Drive appeared before the Planning Commission, and he addressed the previous marina that was not disturbed during the flood of 1969. Mr. Karl Hufbauer, 20241 Bayview Avenue, appeared before the Planning Commission on behalf of SPON (Stop Polluting Our Newport). Mr. Hufbower stated that SPON opposes any marina at the lower Castaways inasmuch as the construction of the marina would have an adverse impact on the Upper Bay's environment. He said that SPON is not persuaded by the EIR or City staffs evaluation that the Castaways marina would not seriously stress the Upper Newport Bay Ecological Reserve by increasing air and water • pollution and by reducing tidal flows, that it would not result in a reversible decrease in the Upper Bay's ability to serve as a nursery for halibut and other species, and it would significantly diminish the length and quality of the fishing beach at the Upper Castaways. If the proposed marina is approved, SPON requests the following amendments, Exhibit "A", Environmental Impact Report No. 138, Findings: No. 2 be amended to delete all and state That many potential significant environmental effects which could result from the project have been identified and analyzed in the EIR No. 3 be amended to state ...incorporated into the project which might reduce potentially significant environmental effects......, and delete that the only remaining environmental effects are significant only on a cumulative basis. Mr. Hufbower recommended the foregoing amendments inasmuch as staff stated that they did not have the technical expertise to advise the Commission or to make other 'udgements on the adequacy of the proposed mitigation concept. He said that if they do not have that expertise, then they do not have the expertise to advise the Commission on what occurs underneath the water. The amendments would avoid the Commission from certifying facts that they did not have technical advise, or to give an unqualified certification to the EIR inasmuch as the applicant intends to submit the certified EIR as reporting • information to subsequent reviewing bodies. -40- COMMISSIONERS November 21, 1991 MINUTES 0 CITY OF NEWPORT BEACH ROLL CALL Ill Jill INDEX Mr. Dick Demmer, 2812 Cliff Drive, appeared before the Planning Commission in support of the proposed marina. He expressed his concern regarding the finger of the marina into the sensitive habitat of the mud lands and the sub -tidal areas, and the habitat that resides below the water. He expressed concerns regarding the EIR and the mitigation procedures wherein it states that the applicant has an agreement with the State Fish and Game as to mitigation, and the letter from the State Fish and Game dated October 15, 1991, states that there is no agreement only discussions. State Fish and Game states that any removal of habitat is significant even if there is mitigation. Mr. Demmer referred to the various agencies that would be addressing the proposed project subsequent to the Planning Commission's public hearing. He stated that he did not know if mitigation would work in the Upper Bay, and if it does not work what do we do - does the Upper Newport Bay become a mitigation bank for the marina project. A smaller marina would be desirable; however, he stated that the applicant would desire a . larger marina because it is economically more prudent and feasible. In response to a question posed by Commissioner Debay, Mr. Demmer stated that he would approve any project so long as development does not extend into the habitat area. Mr. Frank Robinson, 1007 Nottingham Road, appeared before the Planning Commission on behalf of the Friends of Newport Bay. Mr. Robinson stated that the EIR does not state that in 1975 the use of the trust lands was modified to allow ecological reserves, scientific study, ecology, education, pleasure and enjoyment, as reasonable uses. He addressed the frontage across Upper Newport Bay and the extension of the long finger, and he stated that the entire slope along the beach up to the top of the bluffs is classified as Open Space, and he questioned if The Irvine Company could use the land without a change in the General Plan. Mr. Robinson addressed the applicant's request to move their property into the middle of the channel, the City's standard policy to allow an upland property owner one pier in front of the property between property lines, and the idea of keeping the land open for perhaps the • present or future property owners. The Fish and Wildlife Service stated that they would oppose everything in the Upper Bay in terms of a marina, that they would not endorse any marinas in the Upper -41- COMMISSIONERS • CA) November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL J I I J 11 1 INDEX Bay, and they would not endorse any dredging program in terms of mitigation that would allow the land to be used for mitigation purposes on private projects. He said that he could not locate a source that the proposed bulkhead line has been approved by the U. S. Government, and he described what would be required to remove the bulkhead line. Mr. Robinson addressed the complications regarding velocity. In response to questions posed by Commissioner Edwards, Mr. Robinson stated that he is not totally opposed to the marina, as long as the marina is developed totally out of the Upper Bay. The Irvine Company has a reasonable use of the property, a marina was previously developed on the property and the proposed marina is an expansion of the previous use, and the marina fits the policy of the City. Mr. Robinson replied that he opposes the marina's finger extension into the channel and he expressed his concern that a conservative point -of -view be maintained regarding the habitat in • the bay. Mr. Stephen Sutherland, 2429 West Coast Highway, appeared before the Planning Commission, and he addressed the feasibility of flood damage based on previous tidal flow. Ms. Karen Evarts appeared before the Planning Commission. She addressed the difficult traffic flow that could occur at the intersection of Dover Drive and Cliff Drive, and the lack of park land in the City. Ms. Evarts stated that her vision of the City is 'enough is enough', that there are 10,000 boat slips elsewhere in the Harbor, and she questioned if the proposed marina is the proper place for additional slips based on previous testimony. The proposed property could be considered as a compliment to the Upper Castaways property, and she requested that the Planning Commission delay action until a use has been determined for Upper Castaways. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. VanderSloot addressed his concerns • regarding the Upper Castaways property and the proposed temporary haul road. He indicated that a portion of the Upper Castaways would be covered by products of the grading, and part -42- COMMISSIONERS November21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL J1 1111 1 INDEX of the bluff towards Dover Drive is proposed to be cut away in favor of a retaining wall and an access road. He suggested that Exhibit "A ", EIR No. 138, Mitigation Measures No. 19, No. 20, No. 21, No. 45, and No. 46 and Resubdivision No. 972, Condition No. 25 be deleted inasmuch as the mitigation measures and condition refer to the proposed haul road. Dr. VanderSloot expressed concerns regarding the proposed traffic signal at Dover Drive and Cliff Drive on the basis that part of the 'nose' of Upper Castaways would be cut away and he questioned ff The Irvine Company would dedicate more open space on the Upper Castaways to make up for the loss of acreage. He said that a coastal bluff exists on the 'nose' of the Upper Castaways facing Dover Drive and the City should preserve said bluff as a part of the Coastal Bluff Ordinance. In reference to the Circulation and Open Space Agreement, The Irvine Company proposed to dedicate space on Upper Castaways so as to widen Dover Drive, and he recommended that ff the access road would be developed at the traffic signal that it preclude the • widening of Dover Drive inasmuch as the road widening would remove the cattail marsh adjacent to Dover Drive. Dr. VanderSloot recommended that the Planning Commission consider the City's wetlands. He supported the resource agencies recommendation that the forger of the marina not be allowed, and to allow only the marina that excavates out at the lower part of the Castaways. In response to a question posed by Commissioner Debay, Ms. Temple replied that the City was not directly informed that the foregoing resource agencies recommended that the finger of the marina not be allowed. The Department of Fish and Wildlife submitted a general statement regarding the advisability of the project indicating there was not time to review the EIR. She stated that if the habitat impact issue is critical, the dredging of the marina basin has greater habitat impacts than the finger of the marina; however, the finger places the slips in closer proximity to Upper Newport Bay. The Planning Commission recessed at 11:25 p.m. and reconvened . at 11:30 p.m. -43- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Angus Richardson, 20122 Riverside Drive, Santa Ana, appeared before the Planning Commission in support of the proposed marina; however, he expressed a concern with respect to the marina's finger into the Bay. Mr. John Curci, 5 Beacon Bay, appeared before the Planning Commission on behalf of the Curci -Turner Company, operators of Lido Yacht Anchorage and Lido Peninsula Marine Center. He addressed the boaters' needs in Newport Harbor wherein he explained that in actuality there are approximately 3,600 slips. There is a demand for boat slips and the proposed length of the boat slips meets the demand. Mr. David Nu, President of Basin Marine, appeared before the Planning Commission in support of the marina. He addressed the need for additional wider and longer boat slips in the Harbor. The Irvine Company is a strong company that could meet the demand without problems to the community. Mr. Rick Ware, 17612 Steel Harbor Lane, Huntington Beach, Biologist, appeared before the Planning Commission on behalf of the applicant. Mr. Ware explained that the dredging of the Castaways Marina project is intended to deepen the areas to allow boats in the slips, and in the process, the tidal habitat and mudflats. Dredging projects tend to have temporary impacts and fish tend to move out of the area during construction; however, when the dredging process is completed the habitat re- colonize quickly. Mr. Ware addressed the halibut nursery habitats wherein he explained that the fishes are from 1 inch long to about 8 inches maximum in the bay; however, as the halibut become older they tend to move out of the shallow habitat of about 3 feet deep into the main channels. He described the method that is proposed to mitigate the halibut nursery and to restore Shellmaker Island with the concurrence of California Fish and Game. He said that the intent is to take the upland habitat that is in a relatively non - productive area and return the habitat for halibut and mudflat habitat for the shore birds. Mr. Ware discussed the numerous resource agencies that the applicant has met with since January, 1991, and said . agencies have determined that Shellmaker Island is an acceptable -44- COMMISSIONERS • ��0� November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX site to mitigate inasmuch as it enhances the production of fishes in a sub -tidal habitat, and the mudflat shore birds. In response to questions posed by Commissioner Edwards, Mr. Ware explained that two temporary impacts are the immediate dredging impacts, and when dredging ceases there will be a change in the depth contours. Mr. Ware explained that the long -term impacts would be if the marina tenants do not adhere to policies set up by the Governmental agencies and would release oil and diesel fuel into the water. Sea birds forge throughout the lower bay and he discussed the nesting area for the tern, and he said that there is no indication that the project will have an impact on the forging activity or a reduction of food from the presence of the dock. He explained that the tern and brown pelican would move away from the area, but the forging activity will not be impacted or the success of taking fish, and it will not affect the reproduction of the tern. In response to questions posed by Commissioner Debay, Mr. Ware explained that the halibut are distributed from the ocean throughout the Upper Newport Bay to the Jamboree Bridge. Mr. Ware further explained that the dredging that occurred over the past few years had a lasting beneficial impact inasmuch as there is better flushing and the diversity of fishes is greater. Mr. King reappeared before the Planning Commission in response to comments during the public hearing. He explained that Shellmaker Island was developed on a mudflat for commercial use and the proposal is to restore the area to a mudflat. Mr. King addressed the dredging that consistently occurs throughout Newport Harbor and the Upper Bay; the revenues from County Tidelands fees that benefit water - oriented projects; the County of Orange adheres to Ordinance 2200, approved in 1968, and accepts the pierbead and bulkhead lines as the official lines for the County and for the bay; the proposed channel would guarantee a permanent 200 foot wide channel with a 20 foot wide setback that would be available for water oriented uses; the tidal flow and construction of the pier in the channel; the crib wall that would prevent erosion and would allow an opportunity for developing a landscaped slope; and a beach would be available to the public. -45- COMMISSIONERS \ `0 0� *e N \ November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Glover considered the proposed marina 10 years into the future, and she assumed that the City would have floated a bond and purchased the Upper Castaways and /or it would be developed and a portion of the area would have been given as open space by The Irvine Company. The additional slips would impede the public's ability to use the Upper Castaways in the future inasmuch as it would have an impact on the view of the Motion channel. Motion was made to approve the 84 boat slips alternative, Environmental Impact Report No. 138, Amendment No. 743. (Resolution No. 1278), Traffic Study No. 80, and Resubdivision No. 972, subject to the findings and conditions in Exhibit "A". To approve 84 boat slips, it would be necessary to amend the Planned Community text to reflect the 84 boat option, and to amend mitigation measures that refer to 121 slips; add EIR No. 138, • Mitigation Measure No. 70, as proposed by Mr. Webb regarding the request to revise the marina slip design to conform with the proposed County revision to the harbor lines northerly of the Coast Highway bridge; delete EIR No. 138 Mitigation Measures 19, 20, 21, 45, and 46, and Resubdivision No. 972, Condition No. 25, relating to the haul route. Commissioner Pomeroy referred to the previous marina that was located on the site, and the adjacent marinas. The population increase in Orange County exceeded the ability to use boating facilities during the past 10 years, and the proposed marina is an appropriate use for the site. The EIR allows mitigation measures greater than the loss within the area. He did not oppose the request to develop 121 boat slips; however, he supported the compactness of a 84 boat slip marina inasmuch as it would not jet into the bay and it would be a more attractive alternative for the City. Commissioner Edwards supported the concept of the marina in the area; however, he expressed his concern with respect to the finger that extends into the channel, and he indicated that the 84 boat slip would eliminate that concern. He stated that the short term impacts would be far less damaging than the long term impacts on -46- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX the basis that the reports indicate that the magnitude of long term operational impacts from the 84 alternative boat slip on water quality, traffic, harbor, circulation, air quality, noise, public services, and utilities would be substantially less than the proposed project of 121 boat slips. Commissioner Merrill expressed his concern regarding taldng away property rights wherein he supported the request to develop 121 boat slips. He explained that subsequent hearings will determine the potential damage to the bay, ecology, eta Commissioner Debay compared the impacts of 84 boats slips and 121 boat slips, and she indicated that the marina would be a low intensity land use. She supported the 121 boat slips inasmuch as it is feasible the subsequent agencies would reduce the project to 84 slips if it was determined that habitat impacts would be reduced. Chairman Di Sano supported 121 boat slips wherein he stated that the land use would be appropriate use to develop a marina. He stated that the Planning Commission does not have the resources to review every one of the potential species that may be damaged permanently or temporarily. He addressed the foregoing testimony regarding concerns of the habitat in Upper Newport Bay, and he indicated that the lower bay provides an opportunity for the public to enjoy Newport Bay to the ocean. Chairman Di Sano stated that if the Commission approved the marina to 84 boat slips that subsequent hearings could reduce the marina to fewer boat slips, and on that basis he approved the 121 boat slips. Substitute ubstitute motion was made to approve 121 boat slips, Motion * nvironmental Impact Report No. 138, adding Mitigation Measure o. 70, deleting Nos. 19, 20, 21, 45 and 46; Amendment No. 743 Resolution No. 1278); Traffic Study No. 80; Resubdivision No. 2, deleting Condition No. 25. Commissioner Pomeroy stated that in principle he does not object 0 121 slips, and on the basis that subsequent agencies will reduce • he number of slips, he supported the substitute motion. -47- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROIL CALL INDEX Commissioner Edwards indicated that the Planning Commission is starting out with the concept that it is assumed that the project would be reduced, and he stated that the basis is not good planning. Ayes * * Substitute motion was voted on as stated. SUBSTITUTE Noes * MOTION CARRIED. Absent A. Environmental Impact Report No. 138 Findingsw 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. • 2. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. 3. That based upon the information contained in the Environmental Impact Report, mitigation measures have been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance except in the areas of construction noise and marine biological resources, and that the only remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. That in order to reduce the environmental effects as much as possible, the two design alternates identified as environmentally superior have been adopted in lieu of the proposed project. These two alternatives will alter the design of the project to reduce the number of marina slips • to 121 in order to minimize impacts to halibut "young of the year" habitat, and to align the site access point to a signalized intersection at Cliff Drive. -48- COMMISSIONERS .p O, d O�.�O.A_ • �d� . November21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 5. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Mitigation Measures: 1. Prior to issuance of a building permit, signage and exterior lighting shall be approved by the Planning and Public Works departments. 2. Prior to issuance of a grading permit, a landscape and irrigation plan shall be prepared by a licensed landscape architect. This plan shall be approved by the directors of the Planning, Public Works and Parks, Beaches and Recreation departments. Prior to issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 3. Development of the site shall be subject to a grading permit to be approved by the Building and Planning departments. The application for a grading permit is to be accompanied by the grading plan and specifications, and supporting data consisting of soil engineering and engineering geology reports or other reports required by the building official. 4. Grading operations and drainage requirements shall meet the standards set forth in the City's Building Code (Appendix Chapter 70 - Excavation and Grading, Sections 7001 -7019) and the Building Department's General Grading Specifications. 5. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize impacts of haul operations. 6. An erosion, siltation, and dust control plan shall be submitted and be subject to the approval of the Building Department (prior to approval of the grading permit). A -49- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX copy shall be forwarded to the California Environmental Protection Agency /Regional Water Quality Control Board, Santa Ana Region. 7. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the 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 shall be furnished to the Building Department prior to issuance of building permits. 8. Existing onsite drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer, and storm drain for onsite improvements shall be • prepared by the applicant and approved by the Public Works Department prior to recording of the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 9. No vessel discharges are allowed within Newport Bay. 10. A landscape plan, prepared by a licensed landscape architect, shall be submitted for approval by the directors of Planning and Parks, Beaches, and Recreation, which includes a maintenance program that controls the use of fertilizers and pesticides. 11. Landscaped areas shall be irrigated with a system designed to avoid surface runoff and over - watering. 12. Prior to issuance of a grading permit, a landscape and irrigation plan for both project sites shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department and the Parks, Beaches, and Recreation Department, and shall place • emphasis on the use of drought- resistant native vegetation -50- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL ill Jill INDEX and be irrigated via a system designed to avoid surface runoff and over - watering. 13. A qualified archaeologist shall be present during pre -grade meetings to inform the developer and grading contractor of the results of any archaeological surveys and studies completed. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. 13. In the event that significant archaeological remains are uncovered during excavation and /or grading, all work shall stop in that area of the subject property until an appropriate data recovery program can be developed and implemented. • The cost of such a program shall be the responsibility of the landowner and /or developer. 14. A paleontological monitor shall be retained by the landowner and /or developer to attend pre -grade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. 15. Prior to issuance of any grading permits, the applicant shall waive the provisions of Assembly Bill 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 16. Construction activities shall be conducted in accordance with the City of Newport Beach noise ordinance which limits construction to the following hours and days. • • Between the hours of 7:00 am. and 6:30 p.m. on any weekday • Between the hours of 8:00 am. and 6:00 p.m. -51- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL il Jill INDEX on Saturdays • Prohibited on Sundays and holidays 17. The following Fire Department standards /requirements shall be complied with prior to issuance of an occupancy permit. A. Site Access 1. Minimum Width Required a. 26 feet - -no parking allowed b. 26 feet + car width- - parking one side (parallel) C. 26 feet + 2 car widths — parking two sides (parallel) 2. Turning Radius a. Coil -de -sac - Minimum 40 -foot radius - Minimum 42 -foot radius if center is planted b. Comers Minimum 15 -foot radius 3. Height Clearance a. Minimum overhead - -13 feet 6 inches b. Building eaves, trees, etc., are prohibited 4. Roadway Width with Access Control (Knox Key Controlled) a. 13 feet clear on each side of control apparatus or island upon which it is mounted, whichever requires the • greatest width -52- COMMISSIONERS 0 November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX B. Hydrant Locations 1. A minimum of two onsite hydrants will be required at locations to be specified on site plans (basically at or near the cul -de -sac turnaround areas) C. Marine Fire Protection 1. Standpipe and hose cabinet requirement a. Pier or floats under 500 feet in length Class H standpipe with hose cabinets arranged to provide protection to any portions of floats or floating vessels • b. Pier or floats over 500 feet in length Class 1H standpipe with 2 -1/2 -inch hose outlets. for fire department use and hose cabinets arranged so that all portions of floats and floating vessels are protected 2. Required Water Supplies a. Class H standpipe 100 GPM at a residual pressure of 65 P.S.I. at the most remote cabinet b. Class III standpipe Same as Class H except that supply piping must be able to deliver 500 gpm to the 2 -1/2 -inch hose valves • -53- COMMISSIONERS ,p O d , O on�A P o cn�� November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL I I Jill INDEX 3. Extinguishers a. One 2A 20 BC located in each hose cabinet 4. Transmittal of Fire Emergency a. A means of rapidly notifying the fire department in the event of an emergency (telephones used for this purpose shall not require the use of a coin) 18. In the event that hazardous materials /wastes are encountered during development of the site, these materials /wastes shall be handled and disposed of in accordance with all applicable federal, state, and local . regulations. 19. Deleted. 20. Deleted. 21. Deleted. 22. The project applicant shall clean debris from the marina basin and boat slips as part of a regular maintenance program to be reviewed and approved by the City of Newport Beach. 23. To maintain project depths within the boat basin, dredging of the sand bar that may form at the entrance of the marina basin shall be conducted by the applicant in accordance with an approved dredging permit from the City of Newport Beach and ACOE. 24. To minimize tidal flow interference, the basin design shall use adequately spaced plastic pontoons to support the docks . within the channel. -54- COMMISSIONERS November 21 , 1991 MINUTES � o o, ` 0��e N \\ CITY OF NEWPORT BEACH ROLL CALL INDEX 25. To reduce the extent and effects of increased turbidity, the applicant shall require the dredging contractor to use filter curtains around dredging operations, when feasible. 26. When feasible, the dump scow shall be loaded only during ebb tide conditions so suspended material will be flushed seaward and not into Upper Newport Bay. 27. Prior to, and upon the completion of, the dredging operation, soundings shall be taken at each barge marshalling area and the data supplied to the City of Newport Beach Public Works Department to ascertain the need for dredging to return the area to predredging conditions. Such dredging will be the responsibility of the project applicant. 28. Prior to the issuance of a grading permit, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits or clearances have been obtained from the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Coast Guard, and Regional Water Quality Control Board. 29. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 30. Suspended soils (e.g., sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the City of Newport Beach Director of Public Works Department and the Grading Engineer. 31. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. • 32. Prior to demolition of existing bulkhead structure, a complete plan for litter and debris control for the -55- COMMISSIONERS off' O • �C) t November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INOEX demolition, grading, and construction phases to ensure debris is not permitted to enter Newport Bay shall be approved by the Directors of the Planning and Marine departments. 33. Water extracted from dewatering wells and drained from bay materials shall meet current U.S. Environmental Protection Agency requirements prior to discharging into the bay. If necessary, the water shall be desilted prior to discharge. 34. The dredging contractor shall conduct dredging activities in accordance with the approved dredging permit from the U.S. Army Corps of Engineers. 35. For the life of the project, the project applicant shall provide each marina tenant with a copy of all applicable regulations regarding vessel discharges of wastes, antifouling paint use, and refuse management (including handling of hazardous wastes) as a part of lease materials. 36. For the life of the project, the project applicant shall I rovide each marina tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials. 37. The applicant sball provide for periodic maintenance of the sanitary pumpout station to ensure its continuous operation. 38. The applicant shall provide regular cleaning of the marina docks and vacuum sweeping of the parking lot. 39. The dredging contractor shall be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to disturb sensitive biological habitats and resources in the vicinity of Bayside Marsh Peninsula. -56- COMMISSIONERS ` o 0 \0� y� November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 40. In accordance with ACOE requirements, the loss of 0.69 acre of mudflat habitat shall be mitigated by the in -kind replacement of mudflat habitat at a replacement ratio of 15:1 and at an ACOE- approved site, preferably in Upper Newport Bay. This habitat shall be replaced prior to any project- related dredging of the channel. Mudflat will be created at depths between -1.5 and +2.5 ft MLLW. A detailed conceptual mitigation plan will be developed and implemented by the applicant in consultation with the National Marine Fisheries Service, California Department of Fish and Game, U.S. Fish and Wildlife Service, and the ALOE. The plan will include the following elements. 1. Pre - construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offsite areas will be • analyzed. 2. Pre- construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Shorebird Construction and Post - Construction Monitoring Program. A 5 -year monitoring program will be designed that includes both construction and post- construction monitoring surveys. Shorebird surveys will be conducted prior to and during construction; quarterly during the fast year following the creation of the mudflat area; and annually for the remaining 4 years. The purpose of these surveys will be to measure the success of the mitigation project, comparing the shorebird diversity of the newly created mudflats with existing mudflats nearby. The results of each survey will be presented in a post - survey report prepare for the City of Newport Beach and responsible agencies. -57- COMMISSIONERS November21, 1991 MINUTES � 0 � CITY OF NEWPORT BEACH ROLL CALL Ill Jill] INDEX 4. Option for Remedial Measures. N the newly created mudflat does not meet pre - determined criteria, then remedial actions, including a second mudflat restoration attempt in another area, will be undertaken. Specific remedial measures will be determined upon consultation with responsible resource agencies. 41. In accordance with ACOE requirements, the loss of subtidal halibut nursery area shall be mitigated by the in -kind replacement of halibut nursery habitat at a replacement ratio of 1.5:1, at depths between 1.5 and 3.21 feet below MLLW. This habitat shall be restored at an ACOE- approved site, preferably in Upper Newport Bay, prior to project - related dredging. A conceptual mitigation program shall be developed and implemented by the applicant in consultation with the National Marine Fisheries Service, • California Department of Fish and Game, U.S. Fish and Wildlife Service, and the ACOE. The plan will include the following elements. 1. Pre - Construction Analysis of Preferred and Alternative Mitigation Sites. This study will assess the types and locations of sites that could serve as mitigation sites. Both onsite and offsite areas will be analyzed. 2. Pre - Construction Conceptual Site Plans. Conceptual designs will be presented that indicate elevations and contours to be achieved for the mitigation program, appropriate methods for habitat construction, and criteria to measure the success of the habitat replacement program. 3. Construction and Post - Construction Monitoring Program. A 5 -year monitoring program will be designed that includes both pre - construction and • post- construction surveys. Halibut surveys will be conducted at the selected mitigation area prior to construction; quarterly for the first year following the -58- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill I INDEX creation of the subtidal habitat; and annually for the remaining 4 years. The purpose of these surveys will be to measure the success of the mitigation project and compare the use of the newly created habitat by halibut with other areas in the Upper Bay. The results of each survey will be presented in post - survey monitoring reports prepared for the City of Newport Beach and responsible agencies. 4. Options for Remedial Measures. If the newly created subtidal habitat does not meet pre- determined criteria, then remedial actions, including a second restoration attempt in another area, will be undertaken. However, specific remedial measures will be determined upon consultation with responsible resource agencies. i42. To avoid potential misuse of smaller recreational vessels in the Upper Bay and to reduce potential impacts on wildlife, Castaways Marina tenants shall, as part of their leases, be provided with educational materials regarding local and federal boating regulations and the importance of reducing disturbances to the wildlife of the Upper Bay. 43. All appropriate BMPs shall be used to prohibit erosion and runoff during construction and from disturbed and paved areas into Newport Bay and the cattail marsh. Measures should also include revegetation immediately after construction ceases and placement of runoff - retaining barriers. 44. Dredging and construction activity will be terminated between April 1 and September 30, the breeding season of California least terns, to minimise adverse impacts on their foraging habitat due to increased turbidity. 45. Deleted. i -59- COMMISSIONERS ° November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX 46. The areas affected by construction shall be limited to the project site and proposed haul road; no material shall be deposited in the cattail marsh or coastal sage scrub habitats. 47. The landscape plan shall be altered to eliminate the use of periwinkle ground cover. 48. Prior to issuance of a grading permit by the city, the applicant shall present a traffic management program to manage construction - related traffic access to the project site and to ensure safe turning movements from Pacific Coast Highway onto Dover Drive. Such a plan should describe the use of signage and flag people and include any requirements of the City of Newport Beach Police and Public Works Departments. 49. Prior to issuance of a grading permit by the city, the • applicant shall coordinate with Caltrans, Orange County, and the cities of Newport Beach and Irvine regarding their plans for improvements along MacArthur Boulevard, Bonita Canyon Road, and Pelican Hill Road (Newport Coast Drive). To the degree feasible, the hauling operation will avoid the period of construction along MacArthur Boulevard between Bison Avenue and University Avenue, and will avoid hauling during morning and afternoon peak traffic periods. 50. Prior to leaving the construction staging area and delivering dredged material to the Coyote Canyon Landfill (assuming this disposal method is selected), haul trucks shall be inspected to ensure that (1) no water leaks from the trucks and (2) dirt has been placed to avoid spillage onto roadways. 51. The applicant shall redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive /Cliff Drive intersection to form a 4 -way, signalized intersection. This signal shall be designed and • timed to discourage bypass traffic from using Cliff Drive, to the extent possible. -60- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 52. During the dredging and ocean disposal operations, a guideboat, or a lookout on the barge bow, will be used and equipped with a megaphone and 2 -way radio to minimize potential accidents. 53. Prior to issuance of the dredging permit, the contractor will meet with the ferry operator to develop an acceptable communications system, and shall provide the City of Newport Beach with verification of said meeting. 54. Prior to the issuance of a dredging permit, the contractor will submit a plan for the dredging operation and movement of dredged material to the Orange County Harbor Patrol and U.S. Coast Guard, and shall receive approval of the plan from said agencies. In addition, the contractor shall provide evidence to the City of Newport Beach that said plan has been approved and that the Notice to Mariners has . been issued by the U.S. Coast Guard. 55. Dredging operations shall be limited to non - holiday weekdays, and shall be prohibited during the period of the annual Christmas boat parade and holiday period (from approximately December 15 through January 1). In addition, said activity shall be limited to the hours of 7:00 a.m. to 6:30 p.m. for acceptable weekdays. 56. The project applicant shall require all applicable contractors to implement the following exhaust emission reduction measures: a. Maintain equipment per manufacturer's specification. b. Install catalytic converters on gasoline- powered equipment. C. Implement engine timing retard. • d. Utilize electrical or gasoline- powered instead of diesel- powered equipment whenever possible. -61- COMMISSIONERS November 21, 1991 MINUTES q� CITY OF NEWPORT BEACH ��-\ 0 \0� ROLL CALL il Jill I INDEX 57. The applicant shall implement suppression measures for fugitive dust. Measures shall include wet suppression techniques for dry ground soil, immediate replanting and irrigation of landscaped areas, coverage requirements for loaded trucks, and onsite vehicle speed limits of 15 mph. These measures, as well as others deemed necessary by the City of Newport Beach, shall be incorporated as conditions of preventing offsite fugitive dust nuisances, as required in the SCAQMD Rule 403. 58. Construction activities shall be curtailed during periods of high ambient pollutant concentrations. Ambient PM10 concentrations are highest during days with strong winds (greater than 20 mph). 59. On Saturdays, pile driving activity shall be further limited to • the hours of 8:30 a.m. to 6:00 p.m. 60. The project proponent shall consult with the City of Newport Beach Water Department to ensure fire flows of 3,000 gpm for the project. 61. Access dimensions shall he consistent with City of Newport Beach standards. 62. Fire protection requirements shall be consistent with the Uniform Building Code and the Uniform Fire Code. 63. Prior to the City's issuance of an occupancy permit, the applicant shall verify that the Newport Beach Fire and Police departments, and the Orange County Sheriffs Harbor patrol are provided with keys to all locked facilities /areas within the site. 64. Low -flow bathroom fixtures shall be used in the bathroom /storage buildings on the site. 65. The approved landscape palette shall include drought - tolerant plant materials. -62- COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 66. The project shall be designed to avoid disturbance of the existing onsite 30 -inch water main, or if this cannot be achieved, design for the proposed project shall include provisions for the relocation of the water main in accordance with City of Newport Beach requirements. 67. A conduit system will be required for cable placement and shall be provided by the project proponent. 68. The City shall conduct a baseline traffic study on Cliff Drive, prior to installation of the traffic signal at Dover Drive /Cliff Drive. The City shall monitor traffic along Cliff Drive, and, if a significant amount of traffic results, the City will install new traffic control devices, such as stop signs, to make Cliff Drive less attractive to use than Coast Highway. 69. The landscape plan for the project will be modified to incorporate landscaping along the cribwall, and will be reviewed and approved by the City of Newport Beach prior to issuance of the grading permit. 70. Revise the marina slip design, if necessary, to conform with the proposed County revision to the harbor lines northerly of the Coast Highway bridge. The plan shall be submitted to the Public Works Department for review and approval prior to the issuance of a grading or dredging permit. B. Amendment No. 743. Adopt Resolution No. 1278, recommending adoption of Amendment No. 743 as modified to the City Council. C. Traffic Study No. 80. Findines: 1. That a Traffic Study has been prepared which analyzes the • impact of the proposed project on the morning and -63- COMMISSIONERS 0 CV)- November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL J I I I I I INDEX afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S-1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary- modified, or primary street. D. Resubdivision No. 972. Findines: 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 the property within the • proposed subdivision. 2. That the map as modified meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. Conditions: 1. That the applicant redesign the proposed site access point to be via a new road from the marina parking lot to the Dover Drive /Cliff Drive intersection to form a 4 -way, signalized intersection as shown in the EIR as an alternative Site Access Road (Exhibit 6 -7). -64- COMMISSIONERS November2l, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL J1 Jill 1 INDEX 2. That the boundary of the proposed parcel map be revised to reflect the revised access point via the Dover Drive /Cliff Drive intersection and that a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. That the Parcel Map be prepared so that the Bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set On Each Lot Comer 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 parcel map or obtain a building permit prior to completion of the public improvements. S. That the design of the private access drive conform with the City's Private Street Policy (U4), except as approved by the Public Works Department. The Basic drive width shall be 26' (no parking) or 32' (parking one side). The location, width and configuration of the private drive shall be subject to further review and approval of the Traffic Engineer. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the intersection of the private access road and Dover Drive be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non - critical locations, -65- COMMISSIONERS \'CA`d'Oe\N •\ November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL il Jill INQEX subject to approval of the Traffic Engineer. In order to provide sight distance northerly of the intersection, the existing slope will have to be laid back. 7. That a bicycle connection be made at the intersection of Dover Drive and Cliff Drive to provide a connection between the on- street bicycle trail and the bluff bicycle trail along the upper Castaway site. The design of the connection shall be reviewed and approved by the Public Works Department. 8. That a pedestrian easement be dedicated to the public along the bay adjacent the bulkheads and the proposed wood pier with an access easement from Dover Drive. That a pedestrian easement be dedicated to the public from the northerly vehicle turn- around to the shoreline of the Upper Castaway site. That the pedestrian easements be improved with an all weather surface as approved by the Public Works Department and that a stairway be constructed from the northerly turn- around to the shoreline of the Upper Castaway site to the Lower Castaway site adjacent to the bluff and that access to the bayfront be provided. The design of the stairway shall be approved by the Public Works Department. The pedestrian easements shall be 10' wide where applicable or as otherwise approved by the Public Works Department. 9. That the 30" water line be accurately located prior to the commencement of grading and construction and that a 20 foot wide water line easement be dedicated with the water line in the center of the easement. That the proposed project be designed so that it does not disturb the existing 30 -inch water main, or if this cannot be achieved, the project design must include provisions for relocating the water main and providing an appropriate easement in accordance with City requirements. Structural encroachments and trees will not be permitted over the • water main. -66- COMMISSIONERS November21, 1991 MINUTES o� "' N 0 � CITY OF NEWPORT BEACH ROLL CALL 11 Jill I INDEX 10. That the control gates at the entrance be designed to provide a turnaround prior to the gates. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. That excess parking for the site shall be located outside the control gates for public parking unless otherwise approved by the Public Works Department. 11. That easements for public emergency and security ingress, egress and public utility purposes on the access drive and parking lot be dedicated to the City as required and that all easements be shown on the parcel maps. That a storm drain easement be provided across the Lower Castaway site to serve the Upper Castaway site for future storm drain construction with the location and width to be 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 all vehicular access rights to West Coast Highway and Dover Drive except for one access opposite Cliff Drive be released and relinquished to the City of Newport Beach. 14. That a traffic signal be designed and constructed by the developer at the intersection of Dover Drive and Cliff Drive prior to opening of the facility and that the developer pay 50% of the design and construction costs. 15. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 16. Existing on -site drainage facilities shall be improved to the satisfaction of the Public Works Department. 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 -67- COMMISSIONERS o.o November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX on -site improvements prior to issuance of any grading permits, building permits or recording of the parcel 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. 17. That a new storm drain be constructed to the bay to serve the site as the existing City storm drain does not have adequate capacity. 18. That the water system for the development be a looped system. A minimum of two (2) on -site fire hydrants shall be provided at locations to be approved by the Fire Department. Fire flow for the project shall be a minimum of 3,000 gpm. 19. 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. 20. That County Sanitation District fees be paid prior to issuance of any building permits. 21. That any Edison transformer and water system detector check valves serving the site be located outside the sight distance planes as described in City Standard 110 -L 22. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 23. 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. -6& COMMISSIONERS November 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. Prior to issuance of a grading permit by the City, the applicant shall present a traffic management program to manage construction- related traffic access to the project site and to ensure safe turning movements onto Dover Drive. Such a plan shall describe the use of signage and flag people and include any requirements of the Police Department and the Public Works Department. There shall be no construction storage or delivery of materials within the state right -of -way or construction storage of materials within the Dover Drive right -of -way. Prior to issuance of any Grading Permits, a parking plan for workers must be submitted and approved by the Public . Works Department. Trucks used for hauling the Dredged material must be clean from falling debris prior to entering public streets. The last 100' of haul road adjacent to 16th Street shall be paved with asphalt with another 100' of aggregate adjacent to the asphalt to clean truck tires, unless an alternate plan is approved by the Public Works Department. A plan for cleaning the trucks must be approved by the Traffic Engineer. 24. That the new bulkheads shall be constructed to a minimum elevation of 9.00 M.L.L.W. (627 MSL). 25. Deleted. 26. That the Public Works Department plan check and inspection fee be paid. -69- COMMISSIONERS MINUTES „0\ I November 21, 1991 . CITY OF NEWPORT BEACH ROLL CALL III III I I INDEX • 0 Planning Commission review of a request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and dancing, valet parking and off -site parking for employees on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The off -site area is located at the southeasterly comer of Riverside Avenue and Avon Street. The proposed amendment involves a request to operate the second floor portion of the subject restaurant as a separate use from the third floor restaurant operation. Said proposal also includes a request to operate the second floor restaurant at lunch with a reduced "net public area" Monday through Saturday, whereas the second floor portion of the existing restaurant is currently limited between the hours of 4:00 p.m. and 2:00 am. Monday through Saturday and 9:00 a.m. and 2:00 a.m. Sundays and recognized holidays. APPLICANT: John Dominis Restaurant, Newport Beach ig Commission review of a request to permit the hment of a restaurant with on -sale alcoholic beverages, live inment and dancing, valet parking and off -site parking for ees on property located in the "Recreational and Marine :rcial" area of the Mariner's Mile Specific Plan Area. The parking area is located at the southeasterly .comer of de Avenue and Avon Street. Said proposal involves ing the existing third floor portion of the John Dominis rant so as to operate said portion as an independent ant. The proposal also includes a reduction in the "net area" the restaurant is permitted to operate during the hours Monday through Saturday. -70- Item No.7 UP3086A UP3409 No action taken COMMISSIONERS 014 1 G' d ern November 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX LOCATION: Site of restaurants: Parcel 1, Parcel Map 84- 709 (Resubdivision No. 779), located at 2901 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Newport Boulevard in Mariner's Mile. Site of Off -site parking: Lots 7, 8, and 9, Tract No. 1133, located at the southeasterly comer of Riverside Avenue and Avon Street in Mariner's Mile. ZONE: SP -5 APPLICANT: Larry Levoff, Know Limit Inc., Carlsbad • OWNER: Kawabe, USA, Beverly Hills William Laycock, Current Planning Manager suggested that the Commission review the application six months after the smaller restaurant is open for business. ADR)URNMENT: 12:17 a.m. Adjourn NORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -71-