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HomeMy WebLinkAbout12/08/1994• Mot: All 174 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES \ Q � o �Los REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE, rlaramlhnr R 1 QQd OLL CAIJ, INDEX * k1l Commissioners were present. -'-X-OFFIC10 OFFICERS PRESENT: ames Hewicker, Planning Director obin Clauson, Assistant City Attorney William R. Laycock, Current Planning Manager atty Temple, Advance Planning Manager on Webb, Public Works Director ee Edwards, Secretary : x : LECTION OF OFFICERS: Election of officer, Lon * otion was made to nominate Commissioner Gifford Ayes 'hairman of the Planning Commission, Commissioner idgeway Vice Chairman of the Planning Commission, and ommissioner Adams Secretary of the Planning Commission. ere being no other nominations, the motion was voted on, OTION CARRIED. x x s �&nutes of November 4 Minutes of 11/10/94 ommissioner Adams requested that his comments concerning e use of the additional restaurant space and parking mplications be included in Item No. 1. He further requested hat the loss of the existing eucalyptus tree grove and that ture trees could result in view impairment in the future be dded to his comments on page 55, and that decisions relating o the widening of Dover Drive could appropriately be made with the planning of the proposed park be added to his omments on page 59. Moi Al] is Moi AL 4 COMMISSIONERS s CITY OF NEWPORT BEACH MINUTES December S. 1994 OI,L CALL INDEX :ion Motion was made and voted on to approve the amended Ayes November 10, 1994, Planning Commission Minutes. MOTION CARRIED. x s x Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, December 2,1994, 1 in front of City Hall. Request for Continuance: Request for Mr. Hewicker stated that the applicant, California Restaurant Continuanc Ent., requested that Item No. 6, Use Permit No. 3544, regarding a take -out restaurant located at 1614 San Miguel Drive, be continued to the January 19, 1995, Planning Commission meeting. * Motion was made and voted on to continue Item No. 6 to the :ion L Ayes anuary 19, 1995, Planning Commission meeting. MOTION CARRIED. ' 2 COMMISSIONERS Q 0� b 491�\ �poO,p� y� yt f `O O0 MM c CITY OF NEWPORT BEACH MINUTES FaM.M.,IM=*WVZZ! OLL CALL INDEX Exception Permit No. 47 (Discussion) item No.l Request to permit the construction of an off -site double -faced EP 47 monument sign to be erected in conjunction with two existing office buildings located at the comer of Westcliff Drive and Approved Dover Drive, on property located in the APF -H District. CATION: Parcel 1 of Parcel Map 7529 -476 (Resubdivision No 195), located at 1501 Westcliff Drive, on the southwesterly corner of Westcliff Drive and Dover Drive, across the street from the Upper Castaways Planned Community. ONE: APF -H PLICANT: In -Site Real Estate Services, Costa Mesa OWNER: Gold Realty Company, Costa Mesa Bob Hommel, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A ". Commissioner Ridgeway stated that the City Traffic Engineer requested a redesign of the monument sign so as to improve he visibility and sight distance for vehicles traveling eastbound on Westcliff Drive turning southbound onto Dover Drive, and Mr. Hommel agreed with the recommendation. He indicated that the redesign of the monument sign would open up the fight line. In response to a question posed by Commissioner Ridgeway, Mr. Hommell replied that the proposed sign would e 5 feet high by 10 feet wide. Commissioner Ridgeway approved the design of the proposed sign, and he commented that he prefers monument signs to pole signs. In response to comments by Commissioner Ridgeway, Don Webb, Public Works Director, explained that it was for I -3- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 8. 1994 MOKOLL CALL INDEX pedestrian and vehicular safety reasons that the Public Works Department requested the applicant redesign or relocate the proposed sign. The Planning Commission discussed the feasibility of the applicant coming back to the Planning Commission to review a revised design of the sign. In response to questions by Chairman Gifford with respect to the proposed sign, Mr. Hommel discussed the locations on the subject property where the sign could be relocated. Commissioner Ridgeway suggested a vertical sign, and be relocated to provide a safer sight distance. Motion Motion was made and voted on to approve Exception Permit All Ayes No. 47 subject to the findings and conditions in Exhibit "A". . MOTION CARRIED. FINDINGS: 1. That the proposed sign and off -site identification is compatible with surrounding land uses. 2. That the proposed sign and off -site identification will not have any significant environmental impact. 3. 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. 4. That public improvements may be required of a developer per Section 20.06.090 of the Newport Beach Municipal Code. S. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the • 4- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December R. 104 OLL CALL INDEX Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City, inasmuch as only one freestanding sign is proposed to be erected on one of the two properties. CONDITIONS: 1. That development shall be in substantial conformance with the proposed dimensions and colors of the sign, except as noted in the following conditions. 2. That the proposed monument sign be redesigned so that the sign is at least 6 feet above sidewalk grade, providing sight distance under the sign; or that the sign be relocated so that it will not block the stopping sight . distance for the right turn turning movement from eastbound Westcliff Drive to southbound Dover Drive. That a minimum 200 foot stopping sight distance be provided. That the final location and design of the off -site monument sign shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department, prior to the issuance of a building permit. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That the applicant shall obtain a building permit for the proposed off -site sign from the Building Department. 5. That the existing freestanding sign (not including the temporary real estate sign) shall be removed upon • 5 COMMISSIONERS 0 IWOLL CITY OF NEWPORT BEACH MINUTES December 8, 1994 CALL t INDEX completion of the subject monument sign and any additional freestanding signs shall be prohibited 7. That should the neighboring property (1515 Westcliff Drive) desire to erect a freestanding monument or pole sign, then any reference to an off -site tenant shall be removed from the subject sign (1501 Westcliff Drive) upon its completion and this approval for Exception No. 47 shall be rendered null and void. ! 4 t Street Name Change (Public Hearin item No.2 Request to consider street name changes of "Belcourt Drive street Na North" and "Belcourt Drive South" to 'Belcourt Drive "' and a Change change of "Landsdowne Drive" to "Chatham Court" in the Belcourt Area of the Aeronutronic -Ford Planned Community Approved District. APPLICANT: Belcourt Master Association, Irvine Commissioner Adams asked if the street name change would cost the City as it would appear to be a mistake by the developer. James Hewicker, Planning Director, explained that costs incurred by recent street name changes were paid by the City inasmuch as the cost is not significant. The public hearing was opened in connection with this item, d Mr. Keith Smith, President of the Belcourt Master Association, appeared before the Planning Commission. Mr. mith explained that the interior signs would be made and aid for by the Association and there would be no charge to he City. mmissioner Adams asked if the street name signs on the signals need to be changed. Mr. Hewicker and Don Webb, blic Works Director, discussed the conflict of street names ' -6- me COMMISSIONERS s Am\\ WV�OLL Mot All CITY OF NEWPORT BEACH •MINUTES Te..e...l.er 4 100d CALL I INDEX at appear on the traffic signal at the intersection of Camelback Street / Belcourt Drive/ and Bison Avenue. There being no others desiring to appear and be heard, the ublic hearing was closed at this time. ion o otion was made and voted on to approve the subject Street Ayes g game Changes of Belcourt Drive North and Belcourt Drive uth to Belcourt Drive, and Landsdowne Drive to Chatham ourt. MOTION CARRIED. se Permit N (Amended) (Public Hearing) i item No.3 equest to amend a previously approved use permit which U UP 3287A rn-d ted a change in the operational characteristics of an xisting ice cream shop so as to operate the facility as an A Approved talian deli and restaurant with incidental on -sale beer and .ne, on property located in the Retail and Service ommercial area of the Central Balboa Specific Plan area. e proposed amendment involves a request to expand the xisting restaurant into an adjoining commercial space located the same building. The proposal also includes a request to onvert a Base FAR use, to a Reduced FAR use and a equest to waive the additional required off - street parking. CATION: Lot 12 and a portion of Lot 13, Block 9, Balboa Tract, located at 205 Main Street on the southwesterly corner of Main Street and East Bay Avenue, in the Central Balboa Specific Plan area. ONE: SP -8(RSQ PLICANT: Britta K Pulliam, Corona del Mar COMMISSIONERS CITY OF NEWPORT BEACH MINUTES r v U V McemDer a iYY4 ROLL CALL INDEX OWNER: Leopold T. Avallone Trust, Pacific Palisades e public hearing was opened in connection with this item, d Ms. Britta Pulliam, applicant, appeared before the Tanning Commission. Ms. Pulliam concurred with the dings and conditions in Exhibit "A'. s. Nada Hannaford, property owner at 301 Main Street, ppeared before the Planning Commission. She expressed her oncern that the public notice stated that the request would be expansion of an Italian deli, and she commented that the se on her property includes a bakery and a deli. James ewicker, Planning Director, explained that the original equest of Use Permit No. 3287 was to allow an Italian deli; owever, the applicant intends to operate the enlarged estaurant similar to the existing restaurant. • r. Dick Vogel, property owner at 200 Main Street, appeared efore the Planning Commission to express his support of the ubject request. He explained that the use would benefit the usiness community on Main Street inasmuch as the estaurant does not provide parking and the public would be orced to walk by Central Balboa businesses. ere being no others desiring to appear and be heard, the ublic hearing was closed at this time. Motion Votion was made and voted on to approve Use Permit No. All Ayes 3287 (Amended) subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. NDIN 1. That the subject restaurant is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. . -8 COMMISSIONERS ,0 0 R\b\a CITY OF NEWPORT BEACH MINUTES December R. 1994 'RWROLL CALL INDEX 2. That the project will not have any significant environmental impact. That the waiver of the development standards as they pertain to a portion of the required parting (11 spaces), parking lot illumination, circulation, walls, building setbacks, landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has 1 been in existence for many years. That the Planning Director has determined that it has been substantiated that a significant portion of the traffic generated by the use originates within a mile of the site. 5. That the Planning Director has determined that a significant portion of the traffic generated by the use • consists of pass -by traffic or traffic that is diverted less than a mile from its primary destination. 5. That the Planning Director has determined that the scope and scale of the use is such that it does not constitute a significant increase in the traffic generation potential. 7. That the Planning Director has determined that the use's operational characteristics are such that the conversion will not result in a significant increase in the traffic generation potential. Such characteristics include, but are not limited to, hours of operation, the type of goods or services offered, and the composition Of its principal clientele. 3. That the approval of Use Permit No. 3287 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and • 9 00,00b\A9 CITY OF NEWPORT BEACH MINUTES December R. 1994 WIROLL CALL INDEX working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan/floor plan. 2. That the development standards related to a portion of the required off - street parking spaces (11 spaces), building setbacks, parking lot illumination, walls, landscaping, and utility requirements are waived. 3. That all applicable conditions of approval as previously approved by the Planning Commission in conjunction with Use Permit No. 3287 on August 20, 1988, and as . modified by the Planning Commission on March 10, 1988. That the hours of operation shall be limited between 5:00 a.m. and 12:00 midnight, daily. 5. That the "net public area" of the restaurant shall not exceed 781 square feet throughout the subject restaurant facility (368 sq.ft. existing and 413 sq.ft. expanded dining room). S. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. . -10- COMMISSIONERS 16 .n 507;6� \s S, CITY OF NEWPORT BEACH MINUTES Decemher R_ 1994 NWROLL CALL INDEX 3. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. That no dancing or live entertainment shall be permitted in the restaurant unless an amendment to this use permit is approved by the Planning Commission. 0. That no outdoor sound system, loudspeakers or paging system shall be permitted in conjunction with the restaurant facility. 1. That the applicant shall obtain Coastal Commission approval in conjunction with the approved development prior to issuance of building permits or occupancy of the subject expanded dining room for dining purposes. i2. That the Planning Commission may add to or modify conditions of approval of 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. 3. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. • -11- COMMISSIONERS ardya � \@0-� c I L MINUTES CITY OF NEWPORT BEACH 9F ,G O s December 8, 1994 ROLL INDEX CALL Use Permit No. 3346 Am n d (Public Hearing) Item No.4 Request to amend a previously approved use permit which UP3346A permitted the establishment of a restaurant with on -sale Approved alcoholic beverages and live entertainment on property located in the RSC District. The proposed amendment involves a request to expand the existing dining area and construct a new storage area adjacent to the kitchen. The proposal also includes a request to waive the additional required off - street arking. LOCATION: Lots 1, 2, and 3, Block 9, Tract No. 27, and an abandoned portion of Newport Boulevard, located at 485 Old Newport Boulevard, between Orange Avenue and Bolsa Avenue, adjacent to Newport Heights. ONE: RSC PLICANT: Michiko Soffer, Newport Beach WNER: Sidney Soffer, Costa Mesa ommissioner Adams asked where the entrance to the estaurant was relative to the handicap parking space? James ewicker, Planning Director, explained that the main entrance o the restaurant is directly in front of the building, and a econd entrance to the restaurant is located adjacent to the arking lot on the south side of the building. Mr. Hewicker fated that handicap parking access is required by the Building epartment. n response to a question posed by Commissioner Ridgeway egarding Condition No. 5, Exhibit "A ", regarding the removal f debris and an automobile in a parking area located on the ortherly side of the building, Mr. Hewicker explained that the estaurant would be expanded on that side of the property and ' -12- COMMISSIONERS Am\\d� O \ 11t � 16 \ M oo�n MINUTES December & 1494 "WROLL CALL INDEX the existing parking spaces are required for an adjoining use, and said parking spaces would be available for the restaurant use when those businesses are closed. Chairman Gifford addressed Condition No. 5, Exhibit "A ". She pointed out that a similar condition requiring the removal of the debris and automobile was also placed on a use permit that permitted a massage establishment adjacent to the subject property. Chairman Gifford and Mr. Hewicker discussed the enforcement of the condition on the two use permits so as to provide the required parking spaces for each use. In response to questions posed by Commissioner Adams with respect to the foregoing parking spaces, Mr. Hewicker replied that Condition No. 12, Exhibit "A ", allows the Planning Commission to bring back the use permit for review. Mr. Hewicker further replied that it would not be appropriate to mark the aforementioned parking spaces for restaurant use . only. Mr. Hewicker commented that he was not aware of a parking problem on the site. The public hearing was opened in connection with this item, d Mr. Bruce Montgomery appeared before the Planning Commission on behalf of the applicant. In response to a question posed by Chairman Gifford, Mr. Montgomery ncurred with the findings and conditions in Exhibit "A ". In response to the Planning Commission's concerns regarding Condition No. 5, Exhibit "A ", Mr. Montgomery stated that the abandoned automobile was removed from the property, and 1 of the debris on the property will be cleaned up before construction commences. In response to a question posed by Chairman Gifford, Mr. Montgomery replied that the storage lockers will also be removed from the property. In response to a question posed by Commissioner Ridgeway, Mr. Montgomery replied that the alterations will not exceed $20,705.00. -13- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Deremher R_ 1994 _ROLL CALL - _ - — INDEX Stacy Wise, 3233 Broad Street, appeared before the Tanning Commission. She stated that the residents are oncerned about the debris and storage lockers in the area. As. Wise asked if any of the trees would be removed from the roperty? Mr. Hewicker stated that one tree would be emoved from the property whereby Ms. Wise responded that he trees act as a sound buffer to the residential area. Mr. ewicker suggested that the residents contact the Code nforcement Office in the Planning Department if the eighbors consider the debris a public nuisance. s. Karen Beckingham, 3253 Broad Street, appeared before he Planning Commission. She expressed her concern that the estaurant patrons would lose parking spaces on Bolsa Avenue hen the proposed park is developed, and she requested a clarification of the type of entertainment that is allowed in the estaurant. Mr. Hewicker stated that the use permit was originally approved with live entertainment limited to non - plified music with one musician, and to the best of his owledge, the restaurant has no live entertainment at this e. r. Roger Schwenk, 477 Old Newport Boulevard, appeared efore the Planning Commission in support of the application. . Schwenk stated that the restaurant has not created a arking problem in the area, and the restaurant benefits the usinesses on the street. ere being no others desiring to appear and be heard, the ublic hearing was closed at this time. Motion otion was made and voted on to approve Use Permit No. All Ayes 446, subject to the findings and conditions in Exhibit "A'. OTION CARRIED. • -14- COMMISSIONERS rd� CITY OF NEWPORT BEACH MINUTES rleW..o...0 4 1 OOA ROLL CALL LG111Wf INDEX findings: 1. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. The project will not have any significant environmental impact. That adequate parking exists to serve the subject restaurant. That the design of the project or proposed improvements will not conflict with any easements acquired by the public at large or access through or use of property within the proposed development. . That public improvements may be required of the developer per Section 20.80.060 of the Municipal Code. That the waiver of the development standards as they pertain to walls, landscaping, utilities, parking lot illumination, and a portion of the required parking spaces will not be detrimental to adjoining properties. The approval of Use Permit No. 3346 (Amended) under the circumstances of this case will not be detri- mental 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. n ' 'on 1. That the subject project shall be in substantial confor- mance with the approved site plan and floor plan, except as noted below. • -15- COMMISSIONERS �dOG�d � \ao i \ CITY OF NEWPORT BEACH MINUTES Decemher R. 1994 ROLL CALL INDEX 2. That all previous applicable conditions of approval of Use Permit No. 3346 as approved by the Planning Commission on March 23, 1989, shall be fulfilled. 3. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. That all restaurant employees shall park their vehicles on -site. 5. That the piles of debris and the stored automobile shall be removed from the parking area located on the northerly side of the restaurant building so as to provide 5 accessible parking spaces. . i. That the development standards as they pertain to walls, landscaping, utilities, parking lot illumination, and a portion of the required parking spaces shall be waived. 7. That the "net public area" of the expanded restaurant facility shall not exceed 687 sq.ft. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. In accordance with Section 20.87.090 of the Newport Beach Municipal Code, should the alterations and additions to the existing structure exceed the amount of $20,705.00 (or the automatic increase of the amount provided in the Municipal Code), the applicant shall record a lot line adjustment or a parcel map so as to • -16- 4 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December R_ 1994 ROLL CALL INDEX eliminate the interior property line on which the existing restaurant building is currently constructed. 0. That all improvements be constructed as required by Ordinance and the Public Works Department. 1. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 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. I3. 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. Ise Permit No. 3541 (Public Hearin item Na.5 Request to permit the establishment of a preschool child care UP3541 enter with open and covered play areas on property located n Industrial Site 3A of the Newport Place Planned Approved mmunity. The proposal also includes modifications to the ewport Place Planned Community Development Standards o as to: allow an architectural awning to encroach 7t feet, d an automobile stacking lane to encroach 25 feet into the equired 30 foot special landscape street setback adjacent to ristol Street North which results in only a 5 foot landscape trip adjacent to the front property line. ' -17- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES r� o.. ►,or s 100A ROLL CALL INDEX CATION: Parcel 2 of Parcel Map 50-45 (Resubdivision No. 371) located at 1550 Bristol Street North, on the northeasterly side of Bristol Street North, between Birch Street and Spruce Avenue, in the Newport Place Planned Community. ONE: P C APPLICANT: Tutor Time, Newport Beach OWNER: Tsumura International, Irvine times Hewicker, Planning Director, stated that a letter from eorge Britton, Executive Officer of the Airport Land Use ommission for Orange County dated December 8, 1994, that as transmitted to the Planning Commission prior to the . ublic hearing addresses their concerns regarding the subject equest. Mr. Hewicker pointed out that the subject request is . 'lar to a child care center established on the YMCA roperty that was previously approved by the Planning ommission. He said that because of the nature of State Law, d the fact that the subject permit has been found by the 'rport Land Use Commission not to be in conformance with he adopted Airport Land Use Plan, that the Planning ommission is required to overrule the Airport Land Use ommission with a two- thirds vote if the Commission desires o approve this application. He stated that staff also has a ncern regarding the proposed encroachments into the equired 30 foot special landscape street setback adjacent to ristol Street North. hairman Gifford, Commissioner Ridgeway, Don Webb, ? blic Works Director, and Mr. Hewicker discussed andscaping adjacent to Bristol Street North and landscape equirements in the Newport Place Planned Community. • -18- COMMISSIONERS `PO CITY OF NEWPORT BEACH MINUTES +� O ,WkOLL CALL INDEX Z�ommissioner Ridgeway and Mr. Webb discussed the aneuverability of vehicles in a 25 foot radius turn around area at the rear of the property, and the children's drop off ea. ommissioner Adams questioned if parents would drive their ehicles into the site. He opined that the stacking lane would e used to drop the children off, and then the vehicles would ull out on to Bristol Street North without utilizing the turn ound area at the rear of the site. The 17 foot width of the roposed stacking lane in front of the building is also very wkward. He opined that when the children are dropped off nd the children walk around to the back of the building, and E hen there are two or three vehicles in front of the building nloading the children, the new vehicles would double up in he aisle and there would be two lines of automobiles in the 7 foot wide lane. e public hearing was opened in connection with this item, nd Mr. George Rendon, Zone Developer in Orange County or Tutor Time, 1301 Dove Street, appeared before the Nanning Commission. Mr. Rendon made a presentation ncerning the need for child care centers, and the positive nfluence that Tutor Time has on children's lives. Tutor Time s the largest franchisor of preschools in the United States, i.e. 3 schools throughout the United States. Mr. Rendon stated at the applicant considered the demographics within a three .mile radius of the subject property, and as a result the pplicant concluded that the subject site is appropriate for a reschool. In response to the Airport Land Use Commission's omments in the aforementioned letter, Mr. Rendon replied at the site is consistent with the noise ordinance of the range County Noise Ordinance. A contour report that the ohn Wayne Airport publishes indicates that the subject roperty is located between a 60 CNEL and a 65 CNEL ontour. If the report had been adopted the applicant would of have had to be approved by the Airport Land Use mmission; however, because they continue to use a 1990 f -19- COMMISSIONERS ��c�0 10 �+dr 4\ CITY OF NEWPORT BEACH MINUTES nPrPmhPr R 1 QQ4 ROLL CALL �V INDEX p, the applicant was required to go before the Commission. One concern that the ALUC had concerning the site was the oise and the affect that it would have on the children in the layground. The concern was that there would be instruction utdoors and the children would not be able to hear; however, e informed the Commissioners that when the children are outdoors the one -half hour time is used for free play and there is no instruction and the academic activities are inside the chool. In response to a question posed by Chairman Gifford, Mr. tendon concurred with the findings and conditions in Exhibit ,. In response to questions posed by Commissioner Ridgeway, Mr. Rendon replied the only children's drop off area, as E hown on the site plan, is at the corner of the building at the . ear of the site where the entrance to the school is located. If The traffic backs up a monitor located at the front of the building will take the older children in to the school, and when the smaller children arrive they will be taken from the parents and taken into the school. If there is no traffic then e parents could park and take the children into the school, d that action would take approximately three minutes. If ere would be a stacking of automobiles on to Bristol Street North, the instructions are to the parents when they enroll the hildren in the school that a monitor would inform them to ircle the block. Mr. Rendon further explained that the dditional doors throughout the school would be used for mergencies only, and not for drop off purposes. response to questions posed by Commissioner Ridgeway, Ralph Hastings, Hastings Partnership Architects, 5031 irch Street, appeared before the Planning Commission, and e explained the proposed plan for the child care center, the raffic circulation, and the 5 foot wide landscaped strip adjacent to the front property line. Commissioner Ridgeway commented that considering the 10 foot area at the rear of the • -20- COMMISSIONERS MINUTES �G��' Q00-: d&\,f CITY OF NEWPORT BEACH �� O� O December 8 1994 OLL CALL INDEX building, why was the vehicular circulation not designed around the building? Mr. Hastings explained that it would have been necessary to encroach into the rear area of the outdoor play area, and it would have brought automobiles all the way around the building in a one -way direction. He said that there is a width of only 10 feet between the property line fence and the building, and automobiles would be within inches of a school window. Discussion ensued between Commissioner Ridgeway and Mr. Hastings regarding the foregoing comments. In response to a question posed by Commissioner Adams with respect to a parent dropping off a child in the front stacking lane and then drive immediately on to Bristol Street North as opposed to turning the vehicle around at the rear of the lot, Mr. Rendon stated that the parents are not permitted to drop off children in a stacking lane and walk into a school alone. . Commissioner Ridgeway and Mr. Webb discussed the feasibility of a 10 foot wide vehicular lane to circle the building. Mr. Webb supported a minimum 12 foot to 14 foot wide vehicular lane if there would be a wall or a fence on both sides of the lane. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3541 subject to the findings and conditions in Exhibit "A ". Commissioner DiSano stated that he had a concern with a comment in the aforementioned letter from the Airport Land Use Commission, stating that ALUC will re- evaluate the TWA noise contours at such time as a comprehensive noise study is conducted. He concluded that the City would be held hostage to allowing for good land utilization in an area. The proposed child care center would provide balance for people who have to come to work and who have to find child care for their children. Staff gave consideration and appropriately answered -21- COMMISSIONERS O G� O CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL CALL INDEX he comments brought up by the Airport Land Use tnmission. ommissioner Ridgeway concurred. He said that there is an nconsistency with the Airport Land Use Commission with the ction that they took on the City's action regarding the child we center on the YMCA property. The subject child care is ore mitigated by proximity to the airport than the YMCA roperty, and yet the Commission chose to deny this request. There is a tremendous need in the City for child care acilities. hairman Gifford referred to the letter addressed to George ritton of the ALUC from Janice M. Mittermeier dated ovember 16, 1994, that is attached to the staff report. A tatement reads County policies do require an avigation asement across property that is within a 60 dB CNEL noise . ontour for any airport. Mr. Jeffrey Littell, 18662 MacArthur oulevard, appeared before the Planning Commission ncerning the statement. In response to questions posed by W. Hewicker, Mr. Littell replied that he was not aware of the tatus of the avigation easement over the subject site; owever, if one has not been granted on the property that one ould be granted. He said that when the noise contours are -e-evaluated and it was determined that they would not apply o the subject property that the easement be removed. Robin lauson, Assistant City Attorney, concluded that the letter ddresses County policies and how the policies would affect he decision of the Airport Land Use Commission. She was of aware of any requirement, request, or direction to the . ity. Mr. Rendon reappeared before the Planning ommission and he pointed out that a letter to him from the 'rport Land Use Commission just prior to the public hearing id not mention the easement. All Ayes Wotion was voted on, MOTION CARRIED. -22- 4 4 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Decemher R. 1994 OLL CALL INDEX FINDIN 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 adequate parldng exists on -site for the proposed development on the subject property. 3. That the proposed development will not have any significant environmental impact. 4. That the proposed project is consistent with the purpose of Article 3.5 of the California Public Utilities Code which is to insure the orderly expansion of airports, and to minimize the public's exposure to excessive noise and safety hazards, inasmuch as it has ' been adequately demonstrated that the exterior play areas of the project are experiencing less than 65 CNEL and that the interior portions of the existing building can be sound attenuated to less than 45 DBA. Therefore, the project will not adversely effect the public's health, safety and welfare. 5. That the proposed project is consistent with the provisions of the Orange County Noise Ordinance. 6. The approval of Use Permit No. 3541 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 front yard setback encroachment does not preclude the applicant from providing adequate landscaping adjacent to Bristol Street North and said -23- COMMISSIONERS `GHQ Os CITY OF NEWPORT BEACH MINUTES December 8. 1994 OLL CALL INDEX encroachments are 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, floor plan and elevations. 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 entrance drive be monitored in the peak drop -off and pick -up times by the applicants' . representatives at the site. If back -ups occur out into Bristol Street North, the incoming patrons shall be directed to bypass the entrance. If a traffic congestion problem occurs on Bristol Street North that is not immediately corrected, the Planning Commission may recommend to the City Council revocation of this Use Permit. 5. That all employees shall park on -site at all times. 5. That the total number of students shall not exceed 158 persons. Any additional increase in the number of students shall be subject to the approval of an amendment to this use permit. 7. That the interior areas of the building shall be sound attenuated to less than 45 DBA in accordance with the requirements of the Orange County Noise Ordinance. • -24- COMMISSIONERS Zos 4 4 CITY OF NEWPORT BEACH MINUTES December 8, 1994 OLL CALL INDEX 8. That the outdoor play areas shall not be used for instructional purposes and shall be use for play purposes only. 9. 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. 10. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit 44 Public Hearin Item N0.6 Request to permit the establishment of a take -out restaurant UP3544 with incidental seating and on -sale beer and wine on property located in the RSC -H District. The proposal also includes a Continued request to waive a portion of the required off- street parking to 1/1,9/95 paces. CATION: Parcel 2 of Parcel Map No. 35 -1 (Resubdivision No. 284), located at 1614 San Miguel Drive, on the northeasterly corner of San Miguel Drive and San Joaquin Hills Road, in the Harbor View Commercial Center. ONE: RSC -H PLICANT: California Restaurant Ent., Newport -25- COMMISSIONERS `n�drii�4 �o 0��� � mo All MINUTES Dere.mher R_ 1994 OLL CALL I INDEX Beach OWNER: The Irvine Company, Newport Beach James Hewicker, Planning Director, stated that the applicant requested that this item be continued to the January 19, 1995, Planning Commission meeting. COMMISSIONERS �O�'rya X 0 ���mow�� N CITY OF NEWPORT BEACH MINUTE S December 8. 1994 IMKOLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Jon J. Simon, applicant, appeared before the Planning Commission. Mr. Simon compared the subject request to allow two 7 foot 6 inch or 7 foot 9 inch wide garage doors to the substandard garages in the immediate area. He explained that the Public Works Department's requirement of two 8 foot wide garage doors or one 16 foot wide garage door would require the removal of a wood beam which would be cost prohibitive. In response to a question posed by Chairman Gifford, Mr. Simon concurred with the findings and conditions in Exhibit "A ". Commissioner Ridgeway commented that several of the garages that Mr. Simon addressed are used for storage and not for vehicular parking. In response to a question posed by Commissioner Ridgeway, Mr. Simon stated that he needs two garage doors as opposed to one garage door. . There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3545 subject to the findings and conditions in Exhibit "A", and to add Condition No. 8 stating That the two car garage shall be redesigned so as to provide a minimum of 7 foot 9 inch wide garage doors Commissioner Pomeroy stated that his substandard size garage door is suitable to park a vehicle. All Ayes Motion voted on, MOTION CARRIED. Findings: 1. That the existing density is not consistent with the Land Use Element of the General Plan, and the Land Use Plan of the Local Coastal Plan, but is legal nonconforming with the current underlying Zoning District; and the Municipal Code allows the application to be considered under Section 20.83.020 • -27- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES nAeomhar R 100A OLL CALL INDEX Intensification and Enlargement of Nonconforming Uses and is compatible with surrounding land uses. 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. J. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 4. That the proposed application is not an intensification of the existing, nonconforming residential structure, and as such, approval of Use Permit No. 3545 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 I neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. The proposed modification to the Zoning Code is also consistent with the legislative intent of Title 20 of the Municipal Code and will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. n itio 1. That the proposed construction shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. That the two -car garage, as well as the third covered space, shall be accessible for the storage of vehicles at all times. One covered space shall be maintained for each dwelling unit. t -28- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES TlarPmly r R 100d OLL CALL INDEX 3. That Coastal Commission approval shall be obtained prior to the issuance of building permits for the proposed development. 4. That all improvements shall be constructed as required by Ordinance and the Public Works Department. 5. That the proposed garage spaces shall maintain the required 2 foot 6 inch rear yard setback adjacent to the alley. 6. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, ' comfort or general welfare of the community. 7. This 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. 8. That the two car garage shall be redesigned so as to provide a minimum of 7 foot 9 inch wide garage doors. s s s A. Tentative Man of Tract No 15011 (Public Hearing) Item No.8 Request to subdivide 89.2 acres of land into 173 numbered TTM 15011 lots for single family detached residential development; 5 lettered lots for public open space purposes; 3 lettered lots for private open space proposes; and 17 lettered lots for private street purposes; and the acceptance of an environmental document. -29- OLL C. 4 COMMISSIONERS � crd `0csd 0 s CITY OF NEWPORT BEACH MINUTES Decemher R_ 1994 CALL — - - -- - INDEX AND Site Plan Review No. 70 (Public Hearin SPR 70 equest to approve a Site Plan Review for the development Approved f 173 single family detached dwelling units and approximately 5.4 acres of private open space on property located in the ewporter North Planned Community. CATION: A portion of Block 55, Irvine's Subdivision, located at 1501 Jamboree Road, on the southwesterly comer of Jamboree Road and San Joaquin Hills Road, in the Newporter North Planned Community. ONE: P -C PLICANT: The Irvine Company, Newport Beach WNER: Same as applicant NGINEER: Van Dell and Associates, Inc., Irvine atty Temple, Advance Planning Manager, stated that the ubject site was one of twelve parcels owned by The Irvine ompany which were addressed in the Circulation mprovement and Open Space Agreement ( CIOSA). The wine Company is generally in concurrence with the findings nd conditions of approval in Exhibit "A" with a few xceptions. The development proposed will result in 173 esidential units which is 39 units less than the 212 units lowed by the General Plan and the CIOSA Agreement. The rimary issue associated with the project is the provision of he number of parking spaces required by the adopted Tanned Community District Regulations. The reduced lot 'dth proposed by the applicant which necessitates the xception to the subdivision of the Code, combined with the ' -30- COMMISSIONERS i �'rI. psyo 0 9mx, \ CITY OF NEWPORT BEACH MINUTES December R_ 1994 �OLL CALL — -INDEX elatively low number of driveway spaces, makes provision of equired parking difficult. The Irvine Company believes that he issue can be resolved although it may require modifications to the map submitted. The changes may include reduced number of lots, the possible addition of a recreation omplex, and /or a change of a portion of the lots to larger ots. The Irvine Company has concurred with the condition ddressing the issue. Ms. Temple explained the following modifications to the findings and conditions that were ddressed in the addendum to the staff report. Finding No. 3; itigation Measure Nos. 2, and 17; Tentative Map of Tract o. 15011 Condition Nos. 9, 12, 13, 14, 16, 19, 21, 34, 35, 38, , and 41; and Site Plan Review Condition Nos. 2 and 4. Vs. Temple stated that The Irvine Company expressed oncerns that modified Condition Nos. 12 and 13 of the entative map added The trail shall be designed to meet any . urisdictional requirements of the U. S. Fish and Wildlife Service, he California Department of Fish and Game, and the California oastal Commission. 77ze trail plans can be processed separately m the residential tract plans. Ms. Temple explained that the ewporter North site is an environmental sensitive site. When biological survey was conducted at the time the nvironmental Review Report was prepared that Federally isted threatened species were discovered, and coastal sage Grub habitat exists on the bluff faces of the Newporter North ite. The U. S. Fish and Wildlife Service is an agency that is volved in the NCCP Program which is the program devised y the State to identify habitat areas which should be reserved for the long -term preservation of the gnatcatcher as well as other threatened species within the coastal sage scrub ommunity. The representative of the U. S. Fish and Wildlife ervice expressed concerns to The Irvine Company regarding he width of the blufftop trail, and the presence of all of the rails in the John Wayne Gulch area. The concerns were rimarily related to human presence and activity closer to own gnatcatcher habitat. The concerns were not expressed directly to the City, and to our knowledge the U. S. Fish and • -31- COMMISSIONERS N)�! ���r\A�\ CITY OF NEWPORT BEACH MINUTES December 8. 1 OLL INDEX CALL Wildlife Service does not have any permit jurisdiction over the ails. The Irvine Company does not want to be involved in a urisdictional conflict between the City and the resource genies. In reference to Condition Nos. 12 and 13, Ms. Temple explained that the intent is to provide The Irvine Company with the ability to proceed with the project prior to e implementation of the trail and that the project not be delayed if necessary permits are withheld by any of the genies. The Irvine Company is concerned that situations uld occur with regard to the implementation of the trails, d that the public not be misled with respect to the completion of the trails. In response to continents by Commissioner Pomeroy with respect to the foregoing remarks, Ms. Temple explained that he trails are not connected to the permits for the residential . project. Commissioner Ridgeway addressed his concerns regarding the grading on the site. Ms. Temple replied that the intent of the foregoing language is if permits cannot he achieved or if they would be denied that The Irvine Company would be allowed grading to implement the residential project. Ms. Temple pined that the Coastal Commission is the only entity that ssues a permit for construction, and the City is not ignoring he other services; however, they are interested parties. Commissioner Ridgeway stated that the Negative Declaration adequately addresses the open space and environmental concerns, and the proposed project is designed to accommodate those concerns. Ms. Temple stated that it is the intent to receive a Coastal Development Permit that ncompasses the trails. The public hearing was opened in connection with this item, d Mr. Tom Redwitz, Vice President of Development Entitlement for The Irvine Company, appeared before the Planning Commission. He stated that with the mplementation of the subject project the City will receive . -32- COMMISSIONERS r CITY OF NEWPORT BEACH MINUTES T]ecemher R_ 1994 OLL I INDEX dditional benefits from the CIOSA Agreement through open pace dedication and circulation improvements. He addressed he numerous meetings that occurred to arrive at the final Tans, and the final plans provide more open space, land for ignificant public view park, preservation of wetlands, chanced and heavily landscape setbacks on Jamboree Road, nd views from portions of Jamboree Road to a lower bay ea. r. Norm Witt, Vice President of Coastal Community uilders for The Irvine Company, appeared before the Tanning Commission. Mr. Witt concurred with the findings nd conditions in Exhibit "A ", including modifications to the forementioned Condition Nos. 12 and 13 of the tentative ract map. The Irvine Company concurs with Ms. Temple's revious comments that the grading and building permits ould not be delayed pending resolution of the location, size, 'or c character of the trails. response to questions posed by Commissioner Ridgeway, r. Witt stated that The Irvine Company would continue with he final design and proceed with the program based on oastal Commission approval that would allow the bluff top rail. In reference to Condition No. 12, Mr. Witt and ommissioner Ridgeway discussed the proposed design of the foot wide pedestrian trail that would be constructed along he northerly side of John Wayne Gulch between the end of he bluff top trail and Jamboree Road. ommissioner Adams asked if a disclosure would be provided o the residents in the sales documents that would inform the esidents of the proposed trail? Commissioner Ridgeway esponded that a full disclosure is required by DRE. Mr. Witt fated that The Irvine Company has a program of notifying the omeowners the issues that may be relevant to the project. ere being no others desiring to appear and be heard, the ublic hearing was closed at this time. 4 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 8. 1994 ROLL CALL INDEX Commissioner Pomeroy expressed a concern regarding the legal implications that could occur regarding aforementioned modified Condition Nos. 12 and 13, which could delay completion of the bluff top trails. Mr. Redwitz reappeared efore the Planning Commission. He indicated that The Irvine Company requests acknowledgement from the Planning Commission that they may have some approvals to obtain from the U. S. Fish and Wildlife Service. The Irvine Company and the City cannot preempt Federal Law which would require potentially some permits, and The Irvine ompany wanted to make it very clear that they heard revious to the subject public hearing from the U. S. Fish and Wildlife Service regarding some concerns on the design of the rail. The Irvine Company wants to work towards consensus, btain their approval, and they do not want to be caught in a ituation where they could not comply with another agency. iscussion ensued between Mr. Redwitz and the Planning ' Commission concerning the foregoing comments. Chairman Gifford stated that the modifications are being suggested for he benefit of the applicant; therefore, the Planning Commission should hear The Irvine Company's point of view on the issue and if they are satisfied with the condition the Tanning Commission should not be proposing to impose on heir interests. Mr. Bernard Maniscalco, Vice President and General Manager for the California Coastal Builders appeared before e Planning Commission. Mr. Maniscalo stated that Federal d State Law determines the jurisdictional requirements; owever, Condition No. 12 indicates that ultimately an mprovement is required to construct a pedestrian trail. Mr. aniscalco addressed the trails and open space areas where wetlands and endangered species exist, and he emphasized at it is necessary to receive support from the U. S. Fish and Wildlife Service. n reference to the sentence The trail plans can be processed eparately from the residential tract plans, Ms. Temple stated -34- COMMISSIONERS A 0 11\kk\` 9, • Mot All CITY OF NEWPORT BEACH MINUTES December & 1994 ROLL CALL I INDEX at the only detriment that the City can determine is that it ,would allow The Irvine Company to proceed with the evelopment if the trails could not receive permit; therefore, otentially building an opposition in the future if the City ttempted to implement the trails at a later time. If the odified language would be deleted it is possible that there would be a condition that could not be complied with if The Yvine Company could not receive the permits. response to questions posed by Commissioner Adams with espect to the proposed park associated with the bluff top trail d the parking facilities. Mr. Webb and Ms. Temple esponded that there is no identifiable location for on -site arking for the park. It is likely that the parking will be rovided on the streets and San Joaquin Hills Road. Ms. emple stated that the Community Services Department has nsidered the subject park property to be passive, primarily pedestrian trail, no active park facilities, and is primarily l,otion n ion was made and voted on to approve Tentative Map of Ayes F Fract No. 15011 and Site Plan Review No. 70 subject to the evised findings and conditions in Exhibit "A ". MOTION ARRIED. Environmental Document Findings: 1. That CEQA allows a program EIR to be used to simplify the task of preparing environmental documents on later parts of the program. Among several uses the program EIR can provide the basis in an Initial Study for determining whether the later activity may have significant effects (CEQA Guidelines, section 15168, subd.(d).) COMMp�ISSIONERS vdG'�O`1?� -- -16 9� yA 0.4 � �`�'� CITY OF NEWPORT BEACH MINUTES Tlecemher R_ 1994 ROLL CALL INDEX 2. CEQA further allows that a negative declaration may be issued in reliance upon an existing EIR prepared for an earlier project, if the project for which the negative declaration is prepared will not cause any significant effects or in the case of a mitigated negative declaration any effects which cannot be eliminated or reduced to a level of insignificance. (Guidelines, section 15070, subd.(b) and 15153, subd.(c).) The Initial Study analyzed the proposed site plan and tentative map for the Newporter North residential development based on information contained in the previously certified 1992 Final CIOSA Program EIR and any new information which has become available regarding the project. 4. The assumptions and conclusions of the 1992 Final CIOSA Program EIR have been found to be valid and appropriate for use in evaluating the current proposal. The Initial Study has found that there are no new potential significant adverse impacts which cannot be eliminated or mitigated to a level of insignificance. itigation Measures: 1. That all mitigation measures applicable to the project set forth in Final Environmental Impact Report No. 148 be complied with as set forth in the approved mitigation monitoring program. The City of Newport Beach shall provide adequate parking if necessary for the bluff top park area on Newporter North. A specific parking plan shall be prepared concurrent with preparation of park facility plans for the view park. Parking shall be convenient to either trail access. • -36- COMMISSIONERS ' p �O CITY OF NEWPORT BEACH MINUTES December 8 1994 ROLL CALL INDEX 3. Prior to the acceptance of the slopes facing San Joaquin Hills Road by the City, the lower portions of the slope shall be stabilized in a manner acceptable to the City Grading Engineer and the Public Works Department. If remediation techniques other than slope reconstruction are proposed, the applicant shall fund an independent, third party analysis of all geotechnical information, with the consultant to be selected by and responsible to the City. This study shall be used by the City to verify the adequacy of the slope stabilization program to maintain the stability of all slopes dedicated to the City for the foreseeable future. 4. To prevent the accidental intrusion of grading and construction activity extending beyond the 60 foot contour above John Wayne Gulch, a temporary barrier that will function as both a visible warning to construction crews and a physical barrier against construction activities shall be installed along the 60- foot contour prior to construction of any grading or site preparation and shall be remain in place until all such activities have ceased (including installation of landscaping). 5. The manufactured slope along the southern edge of the project paralleling John Wayne Gulch shall be planted in native coastal sage scrub vegetation. The coastal sage scrub will act as a visual barrier for wildlife using John Wayne Gulch. S. The 6 foot high wrought iron fence proposed along the edge of residential lots at top of the manufactured slope shall be constructed with the lower half of the fence comprised of a solid masonry material. This design will decrease the amount of noise from the development effecting wildlife using John Wayne r -37- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 8. 1994 ROLL CALL INDEX Gulch. The top of the fence may be any material including wrought iron, pleidglass, etc. 7. The detention basin (Proposed Basin No. 2) shall be created with a soft bottom to permit percolation, thus lessening the amount of water flowing directly to John Wayne Gulch. The detention basin shall be divided into cells and each cell shall be planted with freshwater emergent vegetation. Directing runoff through this vegetation will be effective in cleaning the urban runoff prior to its release into John Wayne Gulch. The cells shall be maintained and cleaned periodically. A manual detailing maintenance guidelines for the detention basin cells shall be prepared prior to issuance of a grading permit for the retention basin. This manual shall be approved by the City of Newport Beach Planning and Public Works Departments in consultation with the California Department of Fish and Game and U.S. Department of Fish and Wildlife. The wetland habitat created in the detention basins should not be construed as mitigation for impacts to jurisdictional wetlands because necessary periodic cleaning of the cells will be necessary to keep them functioning as designed. 3. Prior to the removal of any coastal sage scrub, the U.S. Fish and Wildlife Service, California Department of Fish and Game, and the County of Orange shall be notified of the proposed removal. All removal of coastal sage scrub shall be done in accordance with Natural Communities Conservation Plan guidelines. Verification of this consultation and adherence to the NCCP guidelines shall be provided in writing to the City of Newport Beach prior to issuance of any clearing or grading permit for the area which will effect the coastal sage scrub habitat. • -38- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 8 1994 ROLL CALL INDEX Coastal sage scrub vegetation shall be removed outside of the breeding season of the California Gnatcatcber. All removal, clearing, and grading in the area shall occur in the period between August 15 and February 10. Any removal of wetlands related to the shear key and cutoff trench shall be done at the same tune. 0. Coastal sage scrub which will not be directly impacted by removal shall be protected with orange snow fencing (or similar material). Silt fencing shall be installed in places where grading will occur within 10 feet of the edge of bluff. 1. A qualified biological monitor shall be present during all activities related to the removal of coastal sage scrub and grading /clearing in areas adjacent to coastal sage scrub. This monitor shall be approved by the City of Newport Beach. The monitor shall have the authority to stop any activities which are intruding into coastal sage scrub habitat. 2. Coastal sage scrub habitat shall be removed from east to west to allow the California Gnatcatcher to disperse into other adjacent areas of coastal sage scrub. 3. After slope stabilization measures are completed, coastal sage scrub revegetation shall be implemented following all applicable agency guidelines. Coastal sage scrub shall be replaced at the same location from which it is being removed, both on the manufactured slope and natural flat bluff edge near the bluff trail. Revegetation shall take place on the manufactured slope from Lot 34 to Lot 38 and on the natural bluff top below the manufactured slope from point 150 feet west of Lot 28 to Lot 38. A conceptual restoration /revegetation plan shall be designed and approved prior to issuance of a grading • -39- COMMISSIONERS \� t 0 r d CITY OF NEWPORT BEACH MINUTES Te..e- ..l.e.. 4 1 QQA OLL CALL - - - [LVDEX permit. Coastal sage scrub that is removed from the site shall be used for revegetation on -site to ensure species composition integrity on the site. Any supplemental seed mixture that may be used in the revegetation area shall be of the same species and planted in the same ratio as shrubs found currently on site. 1.4. In the vicinity of the wetlands, the proposed bluff trail shall be designed along the general vicinity of an existing footpath which skirts the northern edge of the wetlands. This will minimize impacts to the wetland in the vicinity of the bluff trail. 5. Wetlands buffers shall be provided to protect wetlands areas consistent with the CIOSA Agreement, and . California Department of Fish and Game and Coastal Commission requirements. 6. The following recommendations shall apply to manufactured slopes behind Lots 20 to 53 including the north slope of the access road, Lots 151 to 168, and the western slope of the detention basin. (Latin names for all listed species are contained in the supplemental biological assessment on file with the City of Newport Beach). a) Ground saltbush, or Australian saltbush, is non- native and highly invasive. It shall be eliminated or replaced with quail brush or four -wing saltbush. Both of these species are native to Newport Bay. b) Eucalyptus trees tend to be invasive and produce allelopathic chemicals that inhibit growth of other plants.. Eucalyptus trees shall be eliminated and replaced with Mexican elderberry or coast live oak. Both species are native. • -40- COMMISSIONERS C Na CITY OF NEWPORT BEACH MINUTES Te..e...}.m. 4 1 Ood OLL CALL VINDEX / c) Myoporum and acacia, both non - native and invasive, shall be eliminated or replaced with Mexican elderberry or lemonadeberry. d) Japanese honeysuckle shall be eliminated and replaced with southern honeysuckle, a native plant. e) Rockrose, lantana, and pride of madeira shall be eliminated or replaced with natives such as bladderpod, monkey - flower, royal penstemon, and silver lupine. f) Other acceptable groundcover species are miniature lupine, blue- eyed - grass, blue dicks, and purple needlegrass. 7. That mitigation measure number 78 of the CIOSA . Agreement is modified, as follows: Prior to the approval of the final tract map and /or a park development plan (whichever comes first), a City - approved biologist shall be retained at the developers expense, to further estimate the potential for human and pet intrusion into the coastal sage scrub habitat on the Newporter North site. Based on this estimate, the biologist shall assess whether this estimated level of intrusion would significantly effect the gnatcatcher population on site. This study shall include, at a minimum, a current literature search and review of all current research and studies related to the issue of human and pet intrusion into sensitive habitat areas including coastal sage scrub habitat and an updated survey of the current gnatcatcher population on site. Additional fieldwork shall be conducted if recommended by the biologist to determine the potential for significant impacts from human and pet intrusion. • -41- COMMISSIONERS \�� e). s CITY OF NEWPORT BEACH MINUTES r1PrPmhnr A -1QQd OLL CALL INDEX If the level of the expected intrusion is considered of sufficient magnitude to significantly impact the California gnatcatcber population on site, mitigation measures shall be designed and placed as conditions on the residential project and the future park development to reduce the impact to the extent feasible. Such design and operational measures could include perimeter fencing, homeowner and community education programs about the potential impact of cats on wild birds, programs for trapping and removing problem animals, relocation of proposed trails within the open space area, and provision of appropriate landscaping materials. Fentative Mao of Tract No. 15011-, • findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 14.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That grading and drainage improvements are required along the bluff top trail in order to prevent continued erosion of the natural bluffs. That the access drive is required at San Joaquin Hills Road and "G" Street for maintenance, emergency rescue and police patrol access to the bluff top area. 5. That the traffic signal will need to be modified at Jamboree Road and Santa Barbara Drive with the construction of an entrance into the tract. . -42- 4 COMMISSIONERS MINUTES December 8, 1994 ROLL CALL INDEX Conditions: 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9- 330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 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 record a tract map or obtain a grading or building permit prior to completion of the public improvements. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by ` -43- COMMISSIONERS dh\ �y� p� °� 4 CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL CALL INDEX the Public Works Department and the Building Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the design of the private streets and drives conform with the City's Private Street Policy (114), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 32 feet parking one side and 36 feet parking both sides. That the entrance drive into the development, Lots "A ", "D" & "E" to "E" Street have a minimum curb to curb width of 36 feet with parking one side, and 40 feet with parking both sides. That the proposed tract entrance line up with the existing Santa Barbara Drive intersection with the design to be approved by the City Traffic Engineer. That the location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. 7. That the intersection of the private streets and drives be designed to provide sight distance for a local street in conformance with City standard 110 -L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 3. That the California Vehicle Code be enforced on the private streets and drives, and that all traffic control devices shall be shown on a plan approved by the Public Works Department. • -44- COMMISSIONERS 1�1 16 CITY OF NEWPORT BEACH MINUTES December 8. 1994 ROLL CALL INDEX 9. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. The entrance shall have a minimum of 2 lanes entering and 2 lanes exiting the development, a 12 foot wide left turn lane and an 18 foot wide lane for straight through and right turn movements unless otherwise approved by the Traffic Engineer. The design shall be reviewed and approved by the Public Works Department and Fire Department. The controlled entrance location may he modified from that shown on the site plan based upon future technical studies. 10. That easements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map unless otherwise approved by the Public Works Department. 11. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 12. That a 6 foot wide pedestrian trail fit to the natural terrain be constructed along the northerly side of John Wayne Gulch between the end of the bluff top trail and Jamboree Road with the design to be approved by the Public Works Department, the Community Services Department and the Planning Department. The trail surface shall be decomposed granite or similar firm walking surface. The trail shall be designed to meet any jurisdictional requirements of the U.S. Fish and Wildlife Service, the California Department of Fish and Game and the California Coastal Commission. The • -45- COMMISSIONERS �" 16 ,a\ \ 9 CITY OF NEWPORT BEACH MINUTES rlPramhPr R 190d ROLL CALL — — > —1 INDEX trail plans can be processed separately from the residential tract plans. 3. That a 12 foot wide bluff top trail shall be constructed with a connection on the north at San Joaquin Hills Road and a connection on the south to a pedestrian trail along John Wayne Gulch and the southerly access road extending from "G" Street. The City shall pay for the difference in cost between 8 foot and 12 foot trail. The trail shall be structurally designed to handle maintenance and emergency vehicular traffic. The Trail shall be located a minimum of 15 feet from the top of proposed slope. The design of the trail shall include provisions for lighting and be approved by the Public Works Department, General Services Department, Utilities Department, Fire Department, Police Department and the Community Services . Department. That the landscaping between the trail and the tract be maintained by the Developer /Homeowners Association. The trail shall be designed to meet any jurisdictional requirements of the U.S. Fish and Wildlife Service, the California Department of Fish and Game and the California Coastal Commission. The trail plans can be processed separately from the residential tract plans. 4. That the bluff top open space area and the pedestrian trail shall be designed to convey the drainage away from the top of slope to be picked up by a storm drain system to be constructed by the developer maintained by the City. All landscaping inland of the bluff top trails shall be planted and maintained by the developer /association. An agreement shall be required for maintenance of the landscape and approved as to form by the City Attorney's office. 5. That the sidewalk along San Joaquin Hills Road be reconstructed to a 12 foot width between Jamboree • -46- 41 4 COMMISSIONERS E � J. 9� ��o o s CITY OF NEWPORT BEACH MINUTES Tlcramhar A I GOA ROLL CALL INDEX Road and the bluff top trail connection at San Joaquin Hills Road. The design of the connection shall be reviewed and approved by the Public Works Department. 6. That right -of -way be dedicated and Jamboree Road be widened to provide a minimum roadway width of 48' between the double left turn lane at Santa Barbara Avenue and the westerly curb and a 12 foot wide sidewalk. That the sidewalk along the Jamboree Road frontage be reconstructed to a 12 foot width to match the 12' sidewalk south of the development and that street lights be constructed along the Jamboree Road frontage. That the median island be modified to provide a 200 foot long northbound left turn pocket. The design of these improvements shall be reviewed and approved by the Public Works Department. These I improvements shall be completed prior to occupancy of the first residential unit, excluding models. 7. That a bus turnout and shelter pad be constructed on Jamboree Road just south of Santa Barbara Drive as approved by the Public Works Department and the Orange County Transit Authority. 8. That Jamboree Road shall be restriped to provide clear ingress and egress to the site. 9. That the grading construction access to the development shall be from San Joaquin Hills Road; that the last 100 feet of haul road adjacent to San Joaquin Hills Road shall be paved with asphalt with another 100 feet 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. After the completion of roadway improvements along Jamboree Road, including traffic signal modifications ' -47- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 8 1994 "To—LL CALL INDEX and a paved access road, access can be taken from Jamboree Road utilizing the site access road. 0. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 1. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. Fxisting on -site corrugated metal pipe (C.M.P.) drainage pipe shall be . replaced with reinforced concrete pipe (R.C.P.) unless otherwise approved by the Public Works Department. The condition includes all areas covered by the subdivision map. Unused C.M.P. shall be removed or filled and abandoned in place to minimize environmental damage. 2. That the Hydrology for the development include additional drainage that will be created from expansion within Newport Center. 23. That a 20 foot water, sewer and storm drain easement be provided at the southerly end of the development under a graded access road between "G" Street and Jamboree Road. That the easement be paved with an all weather access road as approved by the Public Works Department and Utilities Department. 24. That the water serving the proposed tract shall be a looped system to Jamboree Road with one connection at Santa Barbara Drive and the other connection from "G" Street by way of a 20 foot easement for water, -48- COMMISSIONERS d' r G.c �O 0\ CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL CALL INDEX sewer and storm drain purposes. The design of the system shall be reviewed and approved by the Utilities Department and Public Works Department. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Utilities Department, 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, 6. That the proposed southerly sewer connection into Jamboree Road be relocated so that it is not constructed through the proposed retention basin. The location of this line shall be approved by the Utilities ' Department and the Public Works Department 7. That County Sanitation District fees be paid prior to issuance of any building permits. That the Public Works Department plan check and inspection fee be paid. 9. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Jamboree Road right -of -way. 0. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by . -49- COMMISSIONERS 00 MOO CITY OF NEWPORT BEACH MINUTES December 8, 1994 ROLL CALL I INDEX the Fire Department prior to storage of any combustible materials or start of any structural framing. 31. That the Coastal Bluff property line setback from the edge of the bluff shall be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. In no case shall a property line be located closer than forty (40) feet from the edge of a bluff or any eroded area of the bluff unless the area is restored. 32. That the landscape plans shall be subject to the review of the Public Works Department and General Services Department and any landscaping adjacent to or within the view trails and parks shall be subject to review by COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 8; 1994 ROLL CALL INDEX 36. An increase in the rate of groundwater recharge related to the proposed development and related irrigation systems may adversely affect bluff stability and increase the current rate of bluff retreat. Plans and recommendations mitigating these effects shall be reviewed and approved by the City Grading Engineer prior to issuance of any grading permits. 7. Minimum fire flow requirement is 1000 gpm at 20 psi residual pressure. 8. The location of all fire hydrants within the subdivision shall be reviewed and approved by the Fire Department. A hydrant shall be provided in the view park in the vicinity of the access road. 9. Comprehensive soil and geologic investigation to provide mitigation recommendations for all gross or surficially unstable existing or proposed on -site or adjoining slopes will be required. 0. That the lot lines for Lot "R" shall be modified to comply with the bluff top setback requirements if applicable; that is, the 40 foot property line setback. 1. Note 10 on the Tentative Tract Map shall be revised to eliminate the reference to a vesting tentative tract map. Site Plan Review No. 7 in in s• 1. That the development of Newporter North will not preclude implementation of specific General Plan objectives and policies if in accordance with the plans as modified by the condition for approval. -51- COMMISSIONERS s CITY OF NEWPORT BEACH MINUTES December & 1994 OLL CALL INDEX 2. That the value of the property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features. Conditions: 1. That development shall be in substantial conformance with the approved conceptual grading plan, site plan, floor plans and elevations, except as modified in the following conditions and those imposed on the Tentative Tract Map. 2. That a minimum of two parking spaces per dwelling unit be provided, plus two guest parking spaces per unit. Of the guest spaces, a minimum of one per unit shall be provided on- street or in commonly accessible parking bays. Compliance with this condition may require modification to the tentative map submitted, which may include the addition of a community recreation facility, a reduction in the number of single family building sites, or the addition of larger lots in parts of the subdivision. 3. That this site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 K of the Newport Beach Municipal Code. 4. That all chimney heights conform to the requirements of the Newport Beach Municipal Code, unless otherwise approved by the Modifications Committee. . -52- riot Al] r L COMMISSIONERS d��O�Gr��dysy0 �OfO� X" CITY OF NEWPORT BEACH MINUTES nPramhPr R 109d OLL CALL INDEX General Plan Amendment 94 -2(A) (Public He "n Item No.9 Request of the Community Services Department to amend the GPA 94 -2A Land Use Element and the Recreation and Open Space lement of the General Plan so as to designate the public Approved street segment of Bolsa Avenue between Old Newport Boulevard and Broad Street for park purposes. The amendment to the Land Use Element of the General Plan would include an area description for the park in the text. The amendment to the Recreation and Open Space Element f the General Plan will add the park site to Service Area 3 as a mini park in the Recreation and Open Space Plan and on e Service Area 3 Map; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach ' Commissioner Ridgeway and Patty Temple, Advance Planning Manager, addressed the parks and schools that are in the surrounding area that are located in the City of Costa Mesa and Newport Beach. The public hearing was opened in connection with this item There being no one to appear and be heard, the public hearing was closed at this time. Chairman Gifford commented that a letter from Shari S. Rooks dated November 30, 1994, addressed to the Planning Commission, expressed support of Bolsa Park. Motion was made to approve General Plan Amendment 94- ion 2(A) [Resolution No. 1376]. Commissioner DiSano pointed Res 1376 Ayes out that the proposed park would be a buffer between the commercial and the residential area. Motion voted on, MOTION CARRIED. ' -53- 4 COMMISSIONERS O o s 9� 01r,'��'piP CITY OF NEWPORT BEACH MINUTES December 8. 1994 ROLL CALL INDEX ADJOURNMENT. • 10:12 p.m. Adjourn • s GAROLD ADAMS, SECRETARY 1 CITY OF NEWPORT BEACH PLANNING COMMISSION ' -54-