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HomeMy WebLinkAbout12/20/1979:or w a 7 Regular Planning Commission Meeting Place: City Council Chambers. Time: 7:30 P.M. Date: December 20, 1979 Of t Beach MINUTES ROLLCALLI 11 1 Jill, I I I INDEX Present Motion Ayes Abstain 0 x N E X ;OFFICIO MEMBERS Hugh Coffin, City Attorney STAFF MEMBERS James Hewicker, Planning Director Fred Talarico, Environmental Coordinator Don Webb, Assistant City Engineer Glenna Gipe., Secretary Minutes Written By: Glenna Gipe Motion was made to approve the minutes of the re- gular Planning Commission meeting of December 61, 109, with the addition of an added condition on Page 11. Re4uest to consider a Phasing Plan for the remain- Item 11 in6 development in the Civic Plaza Planned Comrt�u- nity District, and the acceptance of an Environ!- PHASING mental Document. LAN LOCATION: The Planned Community of Civic APPROVED Plaza, generally bounded by.San CONDI- Joaquin Hills Road, Santa Cruz TIONKLLY Drive, San Clemente Drive, Santa Barbara Drive, and Jamboree Road, in Newport Center. ZO�E: P -C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as Applicant i Doh Webb, Assistant City Engineer, commented that thj ICU analysis indicates that if a left turn lade were added on Jamboree Road in both direc4 tipns, the ICU at Jamboree Road and MacArthur -1- MINUTES Mr Webb commented that Pacific Mutual is the fir to' attempt to implement some of these improvement reljative to minor.widening projects, and that the, have been waiting for the developer to come up with the money, rather than doing it with the City's public funds. Commissioner Beek suggested a highway action team to find the problems and enact changes. Mr. Webb responded that most of the improvements mentioned are presently in the process of trying. to:ibe implemented, but that the City does not have the finances to finance the project and col- lect it from the developer later. Commissioner Balalis suggested that these inter- sections be analyzed. Mr Webb commented that they have been working with the MacArthur Place Development for The Ir- vine Company in the preparation and processing of plans, which company has already applied for an -2- p3 December 20, 1979 City of Newport Beach ROLL CALL INDEX oulevard could be reduced to .8725. ommissioner Haidinger posed a quest -ion, to which r.iWebb replied -that they are in the process of ttTmpting to .implement several of these minor irFulation systems improvements. In !response to a question posed by Commissioner Coklas, Mr. Webb replied that a restriping job wound range from $2,000 to $5,000 and that the mosit expensive aspect of it is the sandblasting and traffic control during the period of time in whi;ch they are trying to implement the project. Comlmissioner Balalis stated his understanding that one year ago:when the traffic phasing analysis was begun, they found it to be the case universally that a developer would come before the Planning Go mission with a project and an additional right turn only lane was on Campus Drive and Bristol Street and it reduced traffic immensely and it was suggested that the City undergo those projects • themselves. Mr Webb commented that Pacific Mutual is the fir to' attempt to implement some of these improvement reljative to minor.widening projects, and that the, have been waiting for the developer to come up with the money, rather than doing it with the City's public funds. Commissioner Beek suggested a highway action team to find the problems and enact changes. Mr. Webb responded that most of the improvements mentioned are presently in the process of trying. to:ibe implemented, but that the City does not have the finances to finance the project and col- lect it from the developer later. Commissioner Balalis suggested that these inter- sections be analyzed. Mr Webb commented that they have been working with the MacArthur Place Development for The Ir- vine Company in the preparation and processing of plans, which company has already applied for an -2- ROLL CALL 0 m m CN 7 N 7C fA J :December 20, 1979 on encroachment permit of Campus Drive and sighal.modification which is CalTrans' MINUTES Beach for the additional.widening MacArthur Boulevard,.and, a project has to be implemented, responsibility. In 'response.to a comment from Commissioner Haidi,n- gerj, Mr. Webb replied that various different traffic studies over the last few months have been analyzed and for the necessary improvements, more is required'than merely changing the striping. He :further commented that the ICU analyses put together were for the 1979 year with no recommen- dation as to.wh.at additional traffic would be added for the various different areas in the up-, coming year. Commissioner Thomas suggested a list of 10 inter- sections with a task list and budget for each. i In irespons-e to a question posed by Commissioner Thomas, Fred Talarico, Environmental Coordinator, res;ponded.that under the Ford- Aeronutronic Traf- fic' Phasing Plan and overall environmental pack - age, they were required to maintain certain levels of carpooling and.an investigation of other items. Commissioner Thomas me its of the Phasing of ;construction of t Road and MacArthur B anolther right -of -way that future problems suggested that one of the ele Plan.includes the beginning he Park -n -Ride on Jamboree oulevard or acquisition of lane in Newport Center so would be mitigated. Commissioner Beek replied that the City Council ininterpret'ing the Traffic Phasing Ordinance has specified that only.verifiable improvements could be'counted as mitigation measures.. Commissioner.Balalis stated h.is preference that the improvements come to the street and inter - sedtion locations until they are taken care of, -3- COMMISSIONERS n = $ 0 ROLL CALL 0 MINUTES December 20, 1979 City of Newport Beach and then if there is no intersection improvement because of an external force such as regional traffic, then future projects should consider other means, other than fiscal improvements. Commissioner Thomas commented that in order to undergo a large project of a transit type facilit itiwill require the co- operation of all jurisdic- tigns, and provisions should be made for future implementation over and above short -term striping then a problem will be solved. Commissioner Balalis stated his understanding tha there wa.s a requirement of Corporate Plaza I and II!of an OCTD facility. The Public Hearing was opened regarding this item and Ron Hendrickson, Irvine Company, appeared be- fore the Planning Commission and stated that the shuttle service was a condition of approval for Corporate Plaza and an additional requirement tha they provide $300,000 to fund the shuttle system. and donate the 3.acre site for the terminal faci- lities, said system of which would not be imple- mented until approximately 1984, predicated on a density increase of Newport Center.. Commissioner Thomas expressed.his feeling that OCTD has been less than aggressive in certain area and that their bus strategy is based on high -de.n- sity priority population, such as the elderly and handicapped, and he stated his desire that they be come more aggressive by providing right -of -way land and perhaps funding for construction. Mr Hendrickson stated that there is another site which The Irvine Company has agreed to donate which is north of the Santa Ana Freeway, north of the golden triangle Irvine Center area. Co�missioner Thomas stated his understanding thiat the San Joaquin Hills Transportation Corridor will be funded in part by transit capabilities and as it becomes a major transit corridor, the, location adjacent to The Irvine Industrial Complex -4- INDEX MINUTES December 20, 1979 -i r m 3 ? 1 1 City of Newport Beach ROLL CALL INDEX is iexcellent, and he expressed his feeling that efforts should be concentrated in that area and lifting high employment centers to that area. Mr. Hendrickson again appeared before the Plannin Commission and explained that the City Council action on General Plan Amendment 79 -1 has left Civic Plaza as a part of Newport Center square footage to the degree that they have noted that thei 234,706 sq. ft. could be built in Civic Plaza and the fact that this was done with a Negative Declaration is indicative of a lack of concern that there isn't a serious traffic problem by virtue of this project. He then described the characteristics and aesthetics of the proposed project, stating that there were 16 intersections whilch needed to be analyzed, the results of which verified that there is only one intersection with which the impact of the 70% would go beyond .90 ICU,, and that they have proposed mitigation mea- sures at that intersection which would bring the ICU down below the'.90 ICU. He explained that these figures do not include the other 30%, so that in fact these intersections are being im- prgved beyond the reduction in ICU that is shown inthe traffic report and that the intent of the test of reasonableness is that for those review- ing the project, it is a judgement. call. In response, to a.question posed by Commissioner Haildinger, Weston Pringle, The Irvine Company, replied that they concerned themselves only with the intersections above .90 ICU. njresponse to a question posed by Commissioner.. hgmas regarding distribution, Mr. Pringle replied hat the distribution for this project was based pqn SCAAG population distributions for Orange ognty and that this distribution is similar to he Plaza distribution. Inl response to a question posed by Commissioner. Hiadinger, Mr. Webb replied that a second left turn lane was added in each direction and The Irvine Company had not considered it because they felt that there was not sufficient right -of -way -5- MINUTES ff-T 3Il ff. nm 3 � � •. December 6, 1979 j City of Newport Beach ROLL CALL INDEX now and that it might require moving a curb.and: gutter over 10 feet and possibly a median loca- ti din . i Injresponse to a question posed by Commissioner Balalis, Mr. Webb replied:that some of the inter- sections have gone beyond .90 since their latest studies in.July, so that they were not aware of the; serious problem until this summer, so that they have not yet implemented any changes. In response to a question posed by Commissioner Beek, Mr. Pringle replied that the.information indicated that there was some concern regarding adequate right -of -way on the Irvine side of the inilersection, which was why they had not incorpor- ated it. Commissioner Beek stated his understanding that ifithere are any intersections left with an ICU oflmore than .90, that technically the project is • susceptible of being rejected because the criteria established.by.the Planning Commission and City Council state that an intersection must be below .901 if .their traffic increases by 2% or more. Commissioner Hai.dinger stated his understanding that the Traffic Phasing Ordinance does not apply tothis project and what does apply is the test ofreasonableness and that the Planning Commission has discretion. Mr J Pringle responded to Commissioner Beek's com meet, stating that if they have an intersection above .90, they make the best effort they can to reduce it. In response to a question posed by Commissioner Bal;alis, Mr. Pringle replied that the eventual extension of the freeway will mitigate the pro - blem.and expressed his.feeling that it would not bet practical to go into a major reconstruction, because it would not solve the problem which would besolved eventually by the freeway extension. ff-T COMMISSIONERS n = 0�ii December 20, 1979 City of Newport Beach MINUTES ROLL CALL 1 [INDEX M Inresponse.to a question posed by Commissioner Balalis, Mr. Webb replied that there might be room to put a left -turn lane, though that would• not bring the ICU down below .90, but would bring itdown from . "97 to .92, that the state would not agree to approve this improvement at this time, asthis area is projected as a 1981 -1982 area, and that the.extension will probably be completed in4 years. Commissioner Balalis suggested a triple right turn lane, to which Mr. Webb expressed his doubt that it could be implemented so that it would function and that right now there is back -up onBristol Street at the red light, as the inter - sections are very close and traffic has difficult3 memging into the right turn lane to get onto the freeway, so that Birch Street has become more im- patted. Commissioner Allen posed a question, to which Mr. Webb replied that there are two through lanes southbound on Jamboree Road and is designated a major arterial which would have 3 lanes in each direction., so that there would be an additional through lane added to Jamboree Road when the Master Plan is built out, which is the same situa• tion at San Joaquin Hills Road. He further ex-: plained that northerly of San Joaquin Hills Road. the pavement section is completed and southerly of San Joaquin Hills Road, Jamboree Road will be wi ened to Coast Highway to add the third lane. In response to a question posed by Commissioner Thomas, Mr. Webb replied that there are numerous road - widening projects around the City and $17,000,000-$20,000,000 would be necessary to complete these master plan road sections. Motion x Motion was made that the Planning Commission make the findings as indicated in Exhibit "A" of the Staff Report and approve the Phasing Plan for the remaining devel.opment in the Civic Plaza Planned Community, subject to the conditions -as indicated inExhibit "A" of the Staff Report, with the im- provement that a left turn lane be added on Jam- -7- COMMISSIONERS 9 0 d iv 0 a) CD xMm 7 N CD N ROLL CALL Motion 0 Motion December 20, 1979 Of Beach MINUTES bor.ee Road in both directions with figures in- dicating what this would entail. Commissioner Allen suggested that the option be left open that the company can come back to the Planning Commission before the next meeting if there is a problem. Commissioner Allen expressed her feeling that thi isa very major project and suggested an added condition. Amendment to the Motion was made that a condition beadded that this project to mitigate the traffi than it cannot mitigate.at the intersection which requires the building of the Corona del Mar Free- way; that it include the improvement to the right hand turn lane at the San Joaquin Hills Road/ Jamboree Road intersection. Mr. Hendrickson again appeared before the Plannin Commission and reminded them that The Irvine Com- pany provided the land for that free right turn lane with the condition that the City would build the free right turn lane, and.that regarding the prgvi-ous discussion of the Jamboree Road /MacArthu Boulevard intersection, there.is a possibility that the cost of doing what they want to do there due to the signalization changes may run as much as$200,000.,.and he expressed his feeling that the payment of the free right turn lane at Jam - boree Road isn't going to improve traffic where it;needs to be improved. Amendment to the Motion was made that the City_ reimbursement funds received be put toward a transit fund. Mr Webb stated that the funds that would be uti- lized for constructing this project would be 50% City gas tax funds and 50% HFP funds, so that if'the County funds were not used, they would not come to the City. 1Commissioner Thomas stated his understanding that Unit is a reimbursement, the gas tax funds wouild be spent for the purposes intended or the reim bursement be considered a donation to the transiit 10 COMMISSIONERS K_ lu a December 20, 1979 Of Flem fund for The Irvine Company's best interest. Inresponse to a question posed by Commissioner Haidinger, Mr. Webb replied that the estimates for the project were between $160,000 and $19.0,000 for the right turn lane on Jamboree Road. MINUTES Commissioner Allen commented that her Amendment was made as a suggested tradeoff for the fact than they still have an intersection that is ov'r .90 about which they can do nothing and ab ut which nothing will be done until the com- pl.tion of the Corona del Mar Freeway. V Iniresponse to a question posed by Commissioner Mc4aughlin regarding the Amendment, Commissioner A11!en further commented that the project .is just • adjacent to the intersection, making it prat - tigally an on- site road improvement and that according to "Table 3 ", most of the peak hour traffic that it generates goes through that intersection and she suggested that they solve the; problem before they have one, since they cannot solve a problem they already have in any reasonable fashion. Commissioner Balalis expressed his opposition tothe Amendment, stating regarding the inter- section that cannot be made to go below .90, that.as the figures show that as of "the present; time, in 1981 without the project the ICU will goup to 1.21 and with the project the ICU goes up to.1.22, but with the mitigation that is ;being done, the ICU goes back down to .97 and that, as he stated his understanding ac- cording to the "Test of Reasonableness ", if a project does not make worse, but improves an intersection, this should be taken into con - sideration. Commissioner Allen drew attention to "Item 1" that states that no project - related improve- - 10 ?MINUTES December 20, 1979 0 CD p3 City of Newport Beach ROLL CALL l menits are considered in the calculation when it gets to 1.2186; however, that intersection, because of where it is located that 1.2186 wound presume no project at all that impact thaj intersection will do any improvement to thait intersection. Oyes x x x Commissioner Allen's Amendment to the Motion ?foes x x was!then voted on, which MOTION FAILED. Oyes x x xx Commissioner Thomas' Amendment to the Motion Voes Yx x wasthen voted on, which MOTION CARRIED. Commissioner Balalis stated his understanding that the intent..of Commissioner Thomas' Amend -. menit was that. The Irvine Company will pay the City's share of the funds for improving the right turn lane on Jamboree Road,.and those fun:.ds will be placed in a City Transit Fund. • Commissioner.Balalis stated his understanding that if a transit system is not set up, The Irviine Company would not be required to pay thefunds, to which Commissioner Thomas agreed. Mr.iWebb expressed his concern that if The Ir- vine Company.reimburses the City, there is a quelstion about the ability for us to maintain. theisame gas tax funds, and suggested that Thei Irvine Company deposit the fund directly into a transit fund. SUM COMMISSIONERS MINUTES w December 20, 1979 3� :0 go 3 Cut of Newport Beach Y P ROLL CALL INDEX -11- Mr. Webb suggested identifying the meaning of a "Trransit Fund" and determining what uses to which a "Transit Fund" could be put. Motion x Motion was made to reconsider the Amendment. Ayes x x x x x x Noes N Amendment to the Motion was made that The Irvine Motion K Company contribute an amount equal to what would Ayes K x xx x bethe City's share of the cost of the free right Noes x x turn lane on Jamboree Road behind the Texaco sta- tion to a "Transit Fund" to be used at the dis- cretion of the City for transit purposes in the Newport Center area, to be introduced as a con- dition. Commissioner Beek stated his opposition to the Motion, expressing his feeling that the City Coun- cil had established 1'11 years ago that the City was not going to continue with major developments iflthe City 'did not have an adequate circulation syitem to support them. • Commissioner Thomas stated that he shared Com- missioner Beek's sentiments; however, that the City is taking a positive step toward establish- ing solutions in the form of transit. Ayes NX x x K x Motion was then voted on, which MOTION CARRIED.j Noes x Request to consider revocation of Use Permit No. Item #2 288 that permits the operation of a restaurant. and cocktail lounge in the C -1 District, located USE PER - at :3444 East Coast Highway in Corona del Mar. - MIT N . The purpose of the hearing will determine if said ` permit should be revoked for failure to obtain., the necessary approvals for live entertainment. REVOCA- now existing in the restaurant facility known arts ` TION the Jazz Pot. R CEED- INGS INITIATED BY: The City of Newport Beach I `TERMI- NATED Hugh Coffin, City Attorney,.commented regarding this item, stating that the Planning Commission • had received a letter concerning the Jazz Pot,. -11- COMMISSIONERS �m xa N CD ROLL CALL Motion R11 Ayes December 20, 1979 CitV Of Beach MINUTES stating that they had agreed to terminate their: live entertainment, which was the cause for the healring on this Use Permit revocation. In response to a question posed by Commissioner Beek, Mr. Coffin replied that the new owner of th prolperty.and /or the business would be the succes- sor. to the Use Permit for the restaurant opera tiojn, which does not include the right of live entertainment, the issue in this case. Motion was made that the revocation proceedings: for Use Permit No. 288 be terminated. Request to amend a previously approved use permit that permitted the.establishment of a restaurant facility with on -sale wine in the C -1 District, soas to add a cocktail lounge to the restaurant use. Item #3 USE P ED LOCATION: Parcel 1, Parcel Map 79 -50 (Re- subdivision No. 493), located at APPROVED 114 McFadden Place, on the north- CONDI- easterly side of McFadden.Place be- TIONALLY tween Court Avenue and West Balboa Boulevard on McFadden Square. ZONE: C -1 APPLICANT: Livio Benigni, Westminster OWNER: Raymond W. Smith, Newport Beach James Hewicker, Planning Director, 17iin -lieu parking spaces would be thI remodeled restaurant facility, 201 since no live entertainment or proposed. stated that i adequate for rather than dancing is Commissioner Haidinger suggested that the in -lieu p-aiking not be required. Mr Hewicker explained that the reason for the iin- formal arrangement of the 12 spaces in the even- -12- COMMISSIONERS o C 0 co (yp December 20, 1979 tv of Newoort Beach MINUTES inglwas because they could not obtain the long - range commitment that was required in order to constitute a formal off -site agreement at the time that this was originally approved. The Public Hearing was opened regarding this item andiRaymond Smith, Owner, appeared before the Planning Commission and stated that during the daylin the last 4 years there has always been only an average of 6 cars in the parking lot, and that there have been no problems. In ;response to a question posed by Commissioner Beek, Mr. Smith replied that during the day in thelwinter people park in the public parking area which is not filled during the day and in the summer the parking lots in the area are filled . after about 10:00 p.m.; however, their parking lotl is never filled in the summer. i . Comlmissioner Haidinger inquired whether there couild be a long -term parking agreement made with the party next door, to which Mr. Smith replied that it would not be possible. COM.missioner Balalis stated that in the evening$ - eveiryon,e parks in everyone else's place, because they are available, and there is this mutual understanding among the property owners, and that to formalize it and put it i -n concrete would in- valiidate it. Commissioner Haidinger inquired regarding the ih; lieu fees, to which Mr. Hewicker replied that the' in -lieu parking fee permits should be left at 20, rather than 18, as the existing dining on the outdoor patio would not be eliminated. Inresponse to a question posed by Commissioner' Haidinger regarding Condition No. 41 Mr. Hewicke.r replied.that there.is no formal parking agreement, but that they were required as a condition of the original Use .Permit to maintain the ability toluse 12 spaces on the adjoining property as they were available. • -13- COMMISSIONERS r C n W o W s 3 41 7C f/i December 20, 1979 City of Newport Beach MINUTES ROLLCALLI III IIII I INDEX Inlresponse to a question posed by Commissioner Beck, Mr. Hewicker replied that the condition of approval on the Use Permit indicates that if he lost the use of the 12 spaces, he would have to come .back to the City and either ask that this condition be eliminated or he would have to find 12spaces at another location. He informed the Planning Commission that the reason that there was not a formal offsite parking agreement for. those 12 spaces was because he could not satisfy the City's criteria of assuring these parking spices for 3 -5 years. In conclusion, he stated that as a consequence he was not only required to provide parking on -site, to provide 12 spaces on aninformal basis offsite, but also required to formally support everything by purchasing the 20 in;lieu permits. Motion x Motion was made that the Planning Commission make the findings as indicated in Exhibit "A" of the Staff Report and approve Use Permit No. 1783 indicated (Amended), subject to the conditions as injExh.ibit "A" of the Staff Report, with the ex- clusion of Condition No. 5; eliminating the in- li4u fee requirement. Commissioner Cokas stated his disagreement with! the in- lieu parking situation; however, expressed his feeling that it should be uniformly applied; throughout the City, that the feeling that there is:no use for the money is irrelevant, that it would be only fair to make this retroactive to all those carrying the burden of in -Lieu fees, and that the condition requiring in -lieu fees should be left as is. Motion X. Amendment to the Motion was made that Condition.. No 5 regarding in -lieu fees remain as a condi- ti6n of approval to Use Permit No. 1783 (Amended). Commissioner Allen commented that 8'of the 10 on -rsite spaces during the day are required for.the 2 retail businesses that are on the property; con• seluently, during the day the restaurant has only • 2 spaces. -1a- C MISSIONERS1 MINUTES December 20, 1979 3 ° c' City of Newport Beach X Y P ROII CALL I INDEX Ayes Noes All Ayes Motion Ayes Abstain Motion Ayes Noes Motion Ayes NOW. There being no further business, the Planning Commission adjourned at 10:15 p.m. i Debra Allen, Secretary Planning Commission City of Newport Beach, DAI /gg _15_ x x XK x Amendment to the Motion was then voted on, which x MOTION CARRIED. Moltion was then voted on, which MOTION CARRIED. Moltion was made to excuse Commissioner Haidinger ADDI- x XK x from the regular Planning Commission meeting on TIONAL x Jalnuary 10, 1980. BU NESS x Moltion was made to set for discussion on January x x 101, 1980 Rule 10 of the Planning Commission Rules x x K of Procedure. - x Motion was made to set for discussion on January x x x I 24I, 1980 Rule 10 of the Planning Commission Rules X1 x of Procedure. There being no further business, the Planning Commission adjourned at 10:15 p.m. i Debra Allen, Secretary Planning Commission City of Newport Beach, DAI /gg _15_