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HomeMy WebLinkAbout12/08/2005Planning Commission Minutes 12/08/2005 CITY OF NEWPORT BEACH Planning Commission Minutes December 8, 2005 Regular Meeting - 6:30 p.m. Page 1 of 24 file: //F:1Apps \WEBDATA\ Internet \PhiAgendas\2005\mnl2- 08- 05.htm 6/26/2008 INDEX ROLL CALL Commissioners Eaton, Hawkins, Cole, Toerge, Tucker, McDaniel and Henn - all present. Commissioner Henn noted he would leave at 7:30 due to a schedule conflict. STAFF PRESENT: Patricia L. Temple, Planning Director Aaron C. Harp, Assistant City Attorney Rich Edmonston, Transportation and Development Services Manager Rosalinh Ung, Associate Planner Jaime Murillo, Assistant Planner Ginger Varin, Planning Commission Executive Secretary David Lepo, Hogle Ireland, consultant planner PUBLIC COMMENTS: PUBLIC COMMENTS None None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on December 2, 2005. CONSENT CALENDAR ITEM NO. 1 SUBJECT: MINUTES of the regular meeting of November 17, 2005. Minutes Motion was made by Chairperson Toerge to approve the minutes as Approved corrected. Ayes: Eaton, Hawkins, Cole, Toerge, Tucker, McDaniel and Noes: Henn Absent: None Abstain: None None file: //F:1Apps \WEBDATA\ Internet \PhiAgendas\2005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 Page 2 of 24 HEARING ITEMS SUBJECT: Brookfield Homes (PA2004 -251) ITEM NO. 2 1301 Quail Street PA2004 -251 Brookfield Homes plans to construct 86 multi - family residential Continued to condominium units within 7 buildings that will be 45 feet in height with 02/23/2006 oor plans ranging from 900 -1,950 square feet on a 3.7 acre site located at the southeast corner of the intersection of Spruce Street and Quail Street in the Airport Area. A General Plan amendment is proposed that would change the land use designation of the property from Retail Service Commercial to Multi - Family Residential. An amendment of the Newport Place Planned Community is sought to change the use of the ite from Retail & Service Commercial to Multi - Family Residential. An mendment of the Newport Place Planned Community is sought to hange the use of the site from a 304 unit extended stay hotel to multi amily housing. The changes to the Planned Community District regulations will establish use and development regulations for the proposed condominium project. A Tentative Tract Map is also sough that would subdivide the lot to establish 86 condominium units. Ms. Temple noted that the applicant has asked that this item be continued to February 23, 2006. Motion was made by Chairperson Toerge to continue this item to February 23, 2006. Ayes: Eaton, Hawkins, Cole, Toerge, Tucker, McDaniel and Noes: Henn Absent: None Abstain: None None SUBJECT: Wilson Automotive Group ITEM NO. 3 848, 888 Dove Street PA2005 -232 and 3901, 3931, 3961 MacArthur Boulevard Approved request by the Wilson Automotive Group for a modification to the proposed sign program that does not conform to the sign regulations of he Newport Place Planned Community in the following ways: 1) number and height of ground signs, 2) number of wall signs, and 3) area of special purpose directional signs. The applicant requests two ground signs where one is allowed. The signs would be located along Jamboree Road and MacArthur Boulevard. Both signs (6 feet high and 6 feet, 4 inches high) exceed the maximum allowable of 4 feet. The applicant proposes wall signs on more than 2 facades of each building and lastly, he applicant proposes directional signs that are 10 square feet in area here 6 square feet is the maximum allowable. eoff Carlisle, architect of the project, noted a specific sign program is resented for approval and is unchanged as to the original submittal at he time this project was approved. file: //F:1Apps1WEBDATA1 InternetlPlnAgendas 120051mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 nmissioner Tucker, referencing the sign exhibit, noted he is okay with sign program but questioned the need for the signage on the tower. ire are plenty of signs on the site and this one does not need to be -e. Is it from any vantage point that you would see other such ninent signs? Carlisle answered this tower element is more of a branding and in ping with a clean architectural statement in making it a pivot point in the site. You will see other signs out there. Griffin, project manager for Wilson Group added: • The tower element is more for identification from the 73 Freeway. • We believe this is an element to identify and will draw people to the site. • The tower element is 54 feet high. imissioner Tucker asked if the other signs on the tower, except the facing the 73 Freeway were removed, what would that do to the ram? Is there any view from Jamboree and MacArthur where you t already have plenty of signage? Griffin answered that he would like to keep them all. Southbound iboree is the least important of the sites. He then noted all the sign imissioner McDaniel noted his concern of the tower sign that looks advertising more than an architectural interest. He suggested only sign on the tower. nmissioners Eaton, Hawkins, and Cole noted that they are okay with signage on the tower. ition was made by Commissioner Tucker to approve the Sign Program submitted. ier Hawkins asked about the directional signage towards Is it part of the application? Temple answered yes, because they exceed the on -site directional size limitation of the Newport Place Planned Community. Edmonston, at Commissioner Hawkins' inquiry, after referring to the n noted his staff had looked at these plans with the architect and that were going to have positive signage as opposed to negative signage. lowing a review he stated egress signage from the site would be out to Dove and up to Bowsprit and then north on Jamboree. Hawkins noted the finding that the requested modification Page 3 of 24 file:// F:\ Apps1WEBDATA\Intemet \PlnAgendas120051mn12- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 be compatible with existing development in the neighborhood. This i is in transition and he is concerned about this finding. . Temple noted that this particular corner is slightly different than the re office dominated part of the complex. There are two nearby retail nplexes, both of which had modification permits for signage of various es including number and sizes of signs. Within the office complex re are modification requests as well. Perhaps to be discussed would whether modifications to the actual sign regulations for that PC text >uld be considered through an amendment would be the appropriate ution. She affirmed that the adjacent retail area has an abundance of nmissioner Tucker restated his motion to approve Modification mit No. 2005 -107 (PA2005232) subject to findings and conditions with plans that have been submitted. comment was opened. was closed. Eaton, Hawkins, Cole, Toerge, None None None Pas Tu Cafe 216'h Marine Avenue request to amend Use Permit No. 3175 allowing up to 6 tables within e existing restaurant, rather than 3 tables as previously conditioned. ie maximum number of seats permitted will remain at 12 seats. iditionally, the request includes the authorization for the sale of coholic beverages for on -site consumption pursuant to the Alcoholic average Ordinance (ABO). me Murillo, gave an overview of the staff report. The Building partment has found that the existing non - conforming configuration of restroom facility is in violation of the Health Code and Building Code uirements because it was requires the restaurant patrons to walk )ugh the kitchen to access the restroom. The concern exists that the el of customers deciding to dine on site may increase thus increasing demand and use of the restroom facility. Therefore, staff has orporated a condition requiring the restaurant facility to be brought into npliance to the satisfaction of the Building Department to where it will directly accessible to the restaurant customers without walking through kitchen. The applicant understands and accepts the condition and refore staff recommends approval of this application. Tucker questioned why condition 44 is being added. He Page 4 of 24 ITEM NO.4 PA2005 -213 Approved file: //F:1Apps1WEBDATA1 Internet lPlnAgendas120051mn12- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 ated that this minor level of intensification by adding beer and wine )rice really doesn't change the use at all and does not seem a stification for this added requirement onto the applicant to bring the staurant into compliance. He then discussed a similar situation where it as ultimately decided to let the Health Department enforce their own .gulations and against staffs recommendation the Commission deleted condition that did something similar. He questioned staff if the ommission could strike condition 44. Murillo answered that per discussions with building officials this dition was added at their request. He stated that if this was removed, applicant could proceed with their project. nmissioner McDaniel noted that there have been quite a few aurants over the years in that same location and that if we give them beer and wine service the right will stay with the establishment ether it be a waffle place or takeout, it will have a license for beer and 3. He noted his concern of the zoning and a beer and wine license. . Temple noted this is a granting of a use permit pursuant to the ABO, i are not granting a license for alcoholic beverage service, that is done the ABC. The ABC license will contain specific conditions which are rays included and will disallow a restaurant such as this to allow Irons to exit the facility with an opened alcoholic beverage. Depending the license type they may not be able to take out an un- opened oholic beverage. That is regulated by the ABC through a license ued by the State of California. The police department seldom serves violations of that because they put their license at risk. There conventional take outs in the airport area with drive through windows it inside the restaurant serve liquor. continued. ichael Cho, attorney for and representing the applicant, noted this is site a small restaurant. The client will attempt to change the restroom tuation; however, referring to the photographs in the staff report, in order access the restrooms, patrons will need to leave the restaurant and alk down the narrow alleyway and go to the rear of the restaurant where new door would need to be located to access the restrooms. While it is asible to do so, if the Planning Commission could see fit to drop this mdition and allow patrons access as they have been since 1985, that ould be appreciated. The intent is to have some seating for people who e waiting for their orders as well as to have 6 approved tables for ning. There is no change in occupancy load that is within the 935 luare feet in total area. The applicant is looking for means to succeed id believe with the addition of beer and wine for patron consumption on to would be helpful. The interior of the space is comfortable and many cals patronize the establishment. He then produced a petition of ipport. This is a small local place and many patrons walk as there is tie parking on Balboa Island. Page 5 of 24 file: //F:\ Apps\ WEBDATAIIntemet \PhiAgendas\2005\mn12- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 McDaniel asked if the establishment was ADA accessible. Cho answered no. The configuration of the restaurant and restroom ity has been the same since originally constructed. iissioner McDaniel asked that if not having ADA access would the City liable? I don't want to approve this and have the City sued. s. Temple answered that it is the restaurateur who would be at risk for igation. The City does not bear any liability for any discretionary actions approves. nissioner Henn asked if the restroom is modified so that it does not to be access through the kitchen will it then be ADA compliant? Cho stated he could not answer that. Aaron Harp, Assistant City Attorney, stated that typically the airements would be that you would have to bring it up to make it ADA Viant with modifications. Temple added that if the dollar value improvement is made, it is likely ADA design requirements will be triggered; however, there is a dollar shold calculations that occurs so that only partial ADA improvements dd be required. That is a formula that the Building Department nmissioner Cole verified that the application is to change to 6 tables i two chairs each and this would only be a re- configuration of the ting plan and will not result in additional seating. Your client approved conditions? Cho answered, yes. He added that his client is inclined to accept the ditions as part of the approval. But, if the Planning Commission drops dition 44, the applicant would approve that as well. He affirmed that e is no nexus between the application and condition 44. The ision of beer and wine is not changing the character operations of the aurant. The alleyway may not be able to accommodate ADA access. re is no construction proposed in this application. aioner Hawkins asked if the addition of beer and wine would the use of the restroom? Cho answered no. At Commission inquiry, he noted that his client read and understands the conditions on the application. comment was opened. Hoofe, noted his support of the restaurant and as a patron the Page 6 of 24 file: //F:\ Apps \WEBDATA\ Internet \PlnAgendas \2005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 Page 7 of 24 restaurant is a plus for the neighborhood. Public comment was closed. Chairperson Toerge noted that anytime beer and wine is served there is a eed for restroom access. The requirement for ADA is a Building Department requirement and is not for the Commission to determine. The exterior access is the better alternative. Motion was made by Commissioner Tucker to approve an amendment to Use Permit No. 3175 (PA2005 -213) deleting condition 44 and subject to he other findings and conditions. Substitute Motion was made by Commissioner Eaton to amend the motion and include condition 44. Ayes: Toerge, Eaton, Hawkins Noes: Cole, McDaniel, Tucker and Henn Absent: None Abstain: None Vote on the original motion. Ayes: Cole, Toerge, McDaniel, Tucker and Henn Noes: Eaton, Hawkins, Absent: None Abstain: None xxx SUBJECT: Mariner's Mile Gateway (PA2004 -141) ITEM NO. 5 100 -600 West Coast Highway PA2004 -141 Request for approval of a Use Permit, Modification Permit and Continue to Development Plan, to allow the development of a 56,000 square fool 01/05/2006 hopping center and two -level subterranean parking garage. The site is approximately 2.57 acres and is currently occupied by 8 detached commercial structures that would be removed. The request include consideration of a Use Permit to allow buildings to exceed the bas height limit of 26 -feet up to a maximum height of 35 feet, a Modification Permit to allow a commercial building to encroach into the required 5 foot fide rear yard abutting residential properties to the north, and a Modification Permit to allow a landscape planter to be built less than the required width of 4 feet along Coast Highway. The project also include fight -of -way dedication along Coast Highway for widening of Coas Highway adjacent to the project site, installation of a traffic signal on Coast Highway, grading, landscaping, site lighting and site walls. Mitigated Negative Declaration has been prepared in connection with he application noted above. The Mitigated Negative Declaration state hat, with changes incorporated in the project or with mitigation measure indicated, the subject development will not result in a significant effect o file: //F:\Apps \WEBDATA\ Internet \P1nAgendas \2005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 environment. It is the present intention of the City to accept t gated Negative Declaration and supporting documents. This is not construed as either approval or denial by the City of the subje >. Temple noted that the Commission had received email notificati garding documents for denial or approval of this application. There s any issues that needed to be decided or direction given to staff bef( can present documents that could reasonably support an approval nial action. Staff is therefore amending the recommendation contain the staff report and on the agenda to receive staffs presentation and ve the Commission give input on the staff report and to receive t Dsentation of the project proponent and to receive all public testimo d then discuss and give staff direction as to where they would like (e this project. We suggest that it be continued to the first meeting nuary so that staff can come back with a recommendation that refle) direction you would like to go on the various facets of this project. imissioner Tucker asked for a discussion on the jurisdictional nature. asked what it would entail in this area and what the Commissior Ad or should not look at and the ability to suggest changes to the slopment plan. s. Temple noted that Mariner's Mile was the first area where the Cit :tided to embark upon an instrument that would provide the Plannin< ommission with much more authority to review actual desigi )mponents of a project. Starting on page 13 of the staff report is scussion of the development plan review. There are a number o idings that need to be made and the Commission has the authority ii is case to discuss and direct changes to the site plan, the landscaping • overall effect of the architecture as it relates to the specific criteria o • design framework. It gives you the latitude to ensure that the welopment in this area meets the city standard for quality. The us( armit is related to the project height and is necessary because a goo( )rtion of the project exceeds the basic height limit of 26 feet and reaches height of approximately 35 feet as provided by the code. That particula )proval has a specific and different set of findings which th( ommission must make in order to approve the use permit. That als( is a specific design component including basic requirements of no lowing a project that has more floor area than the code allows an( ings of that nature. It does ask the Commission to determine whethe e project after implementation would result in more public visual oper )ace or views than would be experienced from those public areas b) tight conforming project. The way this finding is achieved by enhancin< )tbacks especially in areas where there might be the possibility of e sual view through to some visual resource. That typically is the bay o *an and could also be a significant landform that is valued by the )mmunity such as a view of the distant mountains, the view of natura ndforms such as rock outcroppings and cliffs or even of a sandy beact a city enhanced park area, etc. Page 8 of 24 file: //F:\Apps \WEBDATA\ Internet \P1nAgendas\2005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 Page 9 of 24 immissioner Tucker noted the site plan was an issue to him. He out the issue of traffic signal, is that something that we have the suggest be deleted? Temple answered it is not technically within the Commissior iority to approve or deny the traffic signal. This is an issue f Frans since Coast Highway is a state highway in that area. Tt Dct itself is obviously connected to the signal; however, the criteria, have concerns, is to focus on what results if the signal is approve icularly what problems might occur on site. If you believe a significa uing problem that obstructs parking then I think there is a way �ess that concern in a finding that would be part of the suppc laps to deny the project, or to require certain modifications such :Wing aisle widths or reorganizing parking in order to address tho: :ific operational concerns that might be an outgrowth of the sign f. In terms of the operation of the highway it is more of the arena City Council as to whether the City should support or oppose wi Frans the approval of the signal. iairperson Toerge asked if there is any opportunity to synchronize t anal with Dover /Bayside Drive and the signal in front of the Bay Club out of the control of the City? Edmonston answered the signals along Coast Highway are prese together and CalTrans is in charge of them. We have m Bested changes in the past that CalTrans worked with us on. If problems, our staff could work with them. nmissioner Hawkins asked if the site or the project is within the istal jurisdiction. Temple answered the project site is outside the coastal zone. nmissioner Henn left the proceedings. David Lepo, consultant planner for this project, gave an overview of project noting: A single tenant in a 13,000 square foot building to scheduled drug store on the westerly property line. The n of gross floor area will be in a second building at the north line built into the slope at the toe of the bluff. The project includes a one level underground parking garage u an alternative second level of underground parking dependent applicant decision. . Parking is provided in excess required by the Code. file: //F:\Apps \WEBDATA\ Internet \P1nAgendas \2005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 The Commission is asked to make findings for the approval of tt development plan, the use permit for the over height buildings well as modification permits allowing a reduction of from 5 feet to of the building distance to the north property line as well as reduction in the minimum 4 foot landscape strip along Coa Highway. The staff report includes a discussion on the nature of the finding: that would be made. Staff will need direction as to whether you find compliance, necessary revisions, or denial. There are significant issues of open space, a significant retainii wall of 55 feet at the north property line and a slope determination. Bob Matson of RBF Consulting, preparers of the er ments for the project as well as the traffic study made a entation noting: . Location of proposed traffic signal. . 3 access points on project site. . Trip generation net would be approximately 1,683 daily trips. . Circulation modification with a widening of Coast Highway from 2 3 through lanes, approximately 14 driveway cuts will be reduced three. . A raised medium will be constructed between the proposed intersection and the Dover intersection. . The full access driveway will be signalized. . All intersections studied are currently operating at an acceptal level of service D or better. Without the project all intersections s forecast to operate at an acceptable level of service; however, w the addition of project trips the proposed signalized intersection forecast to operate at deficient level of service in the p.m. pe hour. Thresholds of significance in terms of the CEQA document with addition of project trips at that proposed signalized intersec would result in a significant impact. . Mitigation has been identified to reduce that level to less significant and would be a west bound Coast Highway prol third lane would be right turn lane into the project site. . The number 3 lane would be converted to a shared right Page 10 of 24 file: //F:1Apps \WEBDATA\ Internet \P1nAgendas \2005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 through lane. . With the additional project trips, the intersection at Balboa Bay C will be forecast to operate at a level of service E, which would deficient. . Based on the City's thresholds of significance, the addition of pi trips would result in two significant impacts in the cumulative analysis. The same intersections that would be operating defic are the Balboa Bay Club at Coast Highway as well as the signs access on Coast Highway. The first mitigation is the additional through lane at the signs intersection for the project and to mitigate the Balboa Bay intersection that has two through lanes to add a third through which would also allow for a right turn lane. . This mitigation would address at the project access location, with project. accumulative significant traffic it the same one identified for year . He then reviewed an aerial of the roadway showing possible Highway improvements. son Toerge asked for clarification of the Negative Decl the amount of dirt to be removed off -site (90,000 cubic the amount of dirt to be excavated (190,000 cubic feet). Beiswenger, project applicant, noted that 90,000 cubic yards is to be excavated and hauled off -site in the case of the two-le rranean parking structure. He then added: . The project will be constructed of steel, concrete, slate roof, rock wall covering, and wood windows. . This proposed project will be the gateway and a lasting landmark Mariner's Mile along Coast Highway. . He then listed all of the people who have been working on project. . This project will remove 50 year old retail buildings and repla them with a development of a 56,000 square foot rei development, widening of Coast Highway, reduction of curb cu undergrounding of utilities on the adjacent hillside and an addition a traffic signal to regulate egress and ingress to the project site. . Accidents are frequent occurrences at this property at the Page 11 of 24 file: //F:\ Apps \WEBDATA\ Internet \P1nAgendas\2005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 area on the highway. . The proposed development is comprehensive with the consolidc of 17 lots, reduction of curb cuts, dedication of land to CalTrans improvements to Coast Highway and traffic signal are balanced designed to work together. . Access to and from the project will be orderly and regulated. . There is no tenant of the project that is dictating that a signal be of the project. . We have not yet determined whether a second level o subterranean parking will be built, which would cover half the site. The determination will be driven by cost factors at the time of projec commencement. . The EIR; however, includes construction of the lower level. Newman, Principal of Government Solutions, noted the following: . We understand that there may be technical issues as outlined necessities a second hearing and we acknowledge that. . Mariners Mile is an area that needs revitalization. . The Strategic Vision and Design Framework for Mariner's Mile compiled in 2000 by the City and identified specific goals Mariner's Mile. . These goals are reflected in the proposed project. . This retail center is permitted by the general plan and zoning. . She then gave an overview of the proposed project noting drugstore, first floor shops of approximately 32,000 square feet a second floor retail /medical office and restaurants of 10, +square feet. . She presented photos of what is on site today. . The project consists of 1 and 2 story buildings with the peak of 29 feet with some peaks of 39 feet. . Displayed an exhibit showing the project is not in the coastal zone. . The proposed slope grading area will be done to ensure to extent practical the preservation of the slope as there appears to an area of sloughing. Page 12 of 24 file: //F:\ Apps \WEBDATA\ Internet \P1nAgendas \2005\nml2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 . There will be no curb cut along Dover from this project. . This is a comprehensive proposed project, and the proponent spent a lot of time with the community. . She then reviewed an exhibit noting the placements of the buildings. . The 30+ feet retaining wall will be landscaped with vines and o1 plantings within planter boxes placed in the wall itself accommodate cascading plantings. . The varying building heights allow for interesting architecture. . Parking, terracing, stairways, photo simulations, and rendering were discussed. . The residents above want a signal as they feel it will minimize traffic accidents. . The garage ramps were discussed. . There is an elevator serving the drugstore from the garage. . The garage will have signage to locate stores above for access. . This project is parked at 5 per 1,000 in case someone from medical profession wishes to have an office here. . A minor modification fronting Coast Highway is requested. then discussed the landscape areas on the project. . Most of the neighbors above the project are in favor of this pr( as evidenced in the packet of support letters contained in the report. This support took many hours in living rooms discussing project and how it works and talking about views. Fo presentations were started in 2004. . The site was story- poled. . View simulations were presented and discussed. :rt Croft, Principal of KTTY Architects, referencing the exhibit, ni area less than four feet in front of seven parking stalls where ack modification is being requested. hairperson Toerge asked about the five -sided architecture for the roof. there is nothing to be presented today asked that before a vote is made Page 13 of 24 file: //F:\ Apps \WEBDATA\ Internet \P1nAgendas\2005\nm12- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 the project a presentation to be made showing the location of ditioning units, how they will look from up above, and how the rooft to be treated. Croft noted the black and white plans shows the screening hanical equipment with angled trellis screens. He stated there is c large cooling tower that will also be screened. iissioner McDaniel noted that there is no signage on the I shown during the presentation. He stated his concern of on the roadside and asked that a presentation be made. )oug Beiswenger noted that a complete sign program will be itted. The signs will be metallic and lit from the back like halos. will not be plastic nor colored. No pylon signs will be on site. Temple noted she will assure that the applicant will receive a copy latest Sign Ordinance. Cole noted his concern about the pedestrian situations. Croft discussed the exhibit noting the ramp transition areas, ass and visibility. nmissioner Eaton asked about the'soldier piles'; the parking; queuii site; egress onto Coast Highway; modification request and tl sibility of compact spaces; haul trucks and AQMD thresholds; and dition looked at with final numbers of impact on Coast Highway frc truck trips. Lepo answered: The pile issue had been discussed both in terms of a proj condition and environmental analysis. The applicant has agreed a condition of the project approval to limit the method to coi rather than drive piling. Parking provided in the one level option is 294 spaces which is more than the minimum required; and 409 in the two -level opt which is 129 more than the minimum required. For medical of the provision is 1 space for 200 square feet and that will fit wii the shopping component. Queuing analysis on site shows adequate space. Stacking in t drive aisle could be a problem in terms of obstructing in and out the spaces at the same time. (referred to the exhibit and show potential stacking areas) The analysis shows one car leaving eve three minutes. Page 14 of 24 file: //F:\ Apps \WEBDATA\ Internet \P1nAgendas \2005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 . The applicant has suggested changes to the aisle ways. Petros, Principal of LSA Associates, speaking for the The queuing analysis indicates the amount of queuing that form on an average of 3-4 vehicles queued during the cycle. At the worst extreme, the analysis shows 6 -7 cars queued. D every portion of that peak hour there would be no more than and on occasion you may have 6 -7. That is the finding of the report and I would not consider that a considerable queue at a r center. Temple added that many years ago the City eliminated the con ability to use compact car spaces in favor of a uniform ewhat smaller standard parking stall width. This was done beca )le would park in two spaces, and due to the trend to larger vehi effective placement where these spaces were allocated on ing lot. Edmonston noted his agreement with Ms. Temple's statement an( sd this was done in 1988 and that the City is now marking SUN ;es for the biggest vehicles. The standard depth stall is 17 feet. cing up to 2 1/2 feet is allowed to overhang landscaping, but tht :ulty is that very few plants tolerate the heat from the engines. Thi height can be no more than 6 inches. r. Beiswenger added that it will be about 6,000 haul trips to export 1 1,000 yards of soil off the site. He noted they will stay below 1 reshold so there is no significant impact with regard to the export. 1 ive analyzed and may implement excavation from the site a ockpiling at a closer by property where we can then time the hauling e export out of the area. We will stay below the mileage threshold tl ould stay below the air quality impact threshold as required to not cre; significant impact. Hawkins noted: . To the extent that the stockpiling is a proposal of the project, 1 Commission would want to have air quality and traffic analysis for of those trips as essentially you are doubling the trips. He did i favor the stockpiling proposal. Referring to finding 1 on page 15, he asked about the bluff impa from the project. He noted the environmental document needs address these issues in deeper detail. Lepo answered: Page 15 of 24 file:// F: \Apps1WEBDATA\Intemet\PlnAgendas 120051mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 . Analysis in the mitigated negative declaration has to do with the conformity of this project with the general plan land use policy which will depend on this Commission's action as to whether this is a significant natural land form. If it is determined it is, the project would not be consistent with the general plan and therefore that component of the negative declaration would not mesh with that finding. RBF has no way of knowing what determination this body we give, so that could be a threshold of significant, if so determined the Commission. nissioner Hawkins noted and discussed his concern of the analy the interplay between the staff report and the analysis in onmental document. s. Temple added that if the Commission decided this was a signific itural land form warranting protection under General Plan Policy D, tl- could be determined that dealing with this project with a Mitigal :gative Declaration was not appropriate and direct the preparation of ivironmental Impact Report. That very thing happened for the Newp roes hotel project where once that document got out on the street a started receiving comments, the City realized that the document wo it suffice. Staff is preparing a comprehensive response to comments result of the correspondence received as well as comments of 1 )mmissioners and any further input during public comment. We we ow what the answer is until you make the determination. immissioner Hawkins then discussed hydrology issues referring to the Initial Study /Mitigated Negative Declaration. The proposal is s project will expedite flows off the retaining wall and that those fl I arrive to the storm drain prior to the peak storm amount. Reak )se flows need some filtration, it seems optimistic. He asked how stem would work so that there is no flooding on the upper retaining onto the project. Gregg Hoofe of Development Research Consultants, representing licant, explained the run off conditions for the amount of water and of drains used. iissioner Eaton asked if there is water filtering through the the surface and how would that be handled? ,hall Lieu of Mach Tech Engineering and Consulting, representing t icant, noted he had worked on the geological evaluation for t pct. The conditions of the recent failure of the small retaining w a case of inadequate drainage and the amount of water happened time was unusual. For the new project, there will be adequ< iage that collects the water that comes in from behind the wall a Page 16 of 24 file: //F:\ Apps \WEBDATA\ Intemet \PhiAgendas \2005\nm12- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 is a system of swales on top that protect infiltration coming in. will be drainage pipes at the bottom which will bring it to a sumt and from there it will be pumped out of the parking building. r. Doug Beiswenger noted a determination has not been made to go permanent dewatering system. We would have a drainage system c e back of that retaining wall that will include a series of 'french' drair id they will be placed all the way down the wall so that in the event of ajor failure we could put in a permanent de- watering system and tt ainage infrastructure would be in place around the building. In going permanent de- watering system there is a series of regulatory matter rd if there is ever contamination of water that gets to our property, H rve to deal with it like it is our own water. We are going to build tt ibterranean parking like a bath tub and will be water - proofed so that res not need to be pumped from around the garage below the waft ble to keep the water from penetrating the garage. We will put in drair ound the perimeter of the bottom floor of the garage so that if there er a failure we can get a permit to de -water by pump and take tt rdrostatic pressure away from those lower levels of parking. Commission inquiry, Mr. Beiswenger answered that the single level 3terranean depth of excavation to the bottom of the footings should the range of about 15 feet. The second level of subterrane ;avation to the bottom of the footings would be around 27 feet. King of Hydroquip Dewatering Corporation, representing int noted: . Has done projects at Hoag Hospital and the Balboa Bay Club. . There will be extensive testing performed at the site. . A combination of de- watering wells and french drains in conjunc with the shoring to lower the ground water table 3 -5 feet bene the bottom of the excavation to achieve as dry a condition possible during the excavation so that the export goes out dry. . Referring to exhibits, he noted his equipment used installation /collection /disposal parameters. imissioner Tucker noted his concern about the parking calculations o' ;ing at 7 spaces per 1,000 for retail and medical but the restaurant; based upon public area. Continuing he referenced the Bluff Shoppinc ter parked at 9 per 1,000 and only 60% of it is restaurant; however can't find a parking space there at lunch time. If the goal is to have aurants and public gathering places, this is not going to be a place foi ;ing waivers. The decision needs to be made up front. The .elation is another concern. He then elaborated on the circulation anc uing. He discussed one -way traffic and two -way traffic in specific ?s. loadina and trash areas. Page 17 of 24 file:// F:1 Apps1WEBDATA1Intemet\PlnAgendas12005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 Temple noted the parking and how it is calculated is based on tyrant type as well. ug Beiswenger answered he would be willing to modify the direction drive aisle with appropriate signage and noted he will work with sl the on -site issues. discussed the challenges that would present itself with imissioner Tucker asked how many service and passenger eleval from the parking area up to the shops? What about the trash K Is the garage going to be high enough? He affirmed that the d had seen and approved the site plan. Beiswenger answered that there is one planned for the north/ea ier of the building as well as 5 passenger elevators. There will be senger elevators, one of which will be serving the drugstore only. first level subterranean parking by the freight elevator there will be age area for trash. The 9 -yard dumpsters will be used for the pi Additionally, there is a trash housing area exclusively for the do ony Petros, LSA Associates, discussed the queuing at the transition oast Highway with the project providing a third through lane along roperty and an appropriate transition to be provided at the propo! qnal intersection. Discussion followed. nissioner Tucker asked for more information to be presented at meeting on turn around areas in the parking structure, and is )sing any hours of limitation on the haul route? Temple noted it is able to be considered and perhaps as a could limit the truck operations during peak hours. immissioner Tucker asked that the colors and materials board be a p the submittal process. Whether this project fits on the site is an isst t I generally see it as a great addition to the area; however, if I prove of the project, I want to feel comfortable that we have not creat verse traffic consequences that the surrounding neighborhoods have with. mmissioner McDaniel noted the more parking there is the better Ips with the final determination; and, having all these people availat help with the presentation is great. comment was opened. Marshall, resident, supports this project stating this type of quality Page 18 of 24 file:// F: \Apps1 WEBDATA1 Intemet\PlnAgendas\2005 1mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 :I of material used for this area will be a fine addition and gateway neighborhood and will improve the traffic. V Anderson, owner of business at 400 West Coast Highway, no a car had driven through her store just this past month as well Cher driver in the past year who lost her life on this section of away. She stated that this store is in a serious proximity to Cc sway and that other accidents need to be prevented. The propo: ect is such an improvement and will save lives. If the situai tinues as it is now, there will be a loss of life. The strip is terrible signs there now are ugly. People hang out in the back of the stoi e is trash and litter and causes an eyesore. She asked for Dort of this effort. Bean, property and business owner, noted his support of osal. He stated the buildings there today are dilapidated and proposal is upscale and more desirous to the citizens. Mugel, resident, and partner of the proposed project, stated: The buildings will act as a landscape buffer as they will be with vines and landscape materials. His company has many properties and one of the bi challenges is creating a sense of community. What this p does is create a sense of community where people will walk to. Parking will be on ground level as well as the parking structure. an McCarthy, resident„ noted her support of this project and the traffic will be improved. Offing, resident„ noted: . Referenced her letter she had written and is pleased that there be responses to comments forthcoming. . She explained some of the local traffic problems and noted queuing is an important aspect of this project that needs to discussed. . She strongly supports an EIR for this project and is d that one hasn't been done as there would have been support. . She is concerned with the underground parking and trash pick up. The Summary lists recommendations from de- watering to tie -ba shorings, none of which are incorporated in the MND, including Page 19 of 24 file: //F:\ Apps \WEBDATA\ Internet \P1nAgendas \2005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 survey of surrounding properties for cracks prior to any and building. This Mitigated Negative Declaration did not do the project ju and asked about the hydrology and soils information, and noted there is not enough information to make an informed decision. . She concluded that the applicant should have been informed that EIR was the best way to handle this project in Newport Beach. mmissioner Tucker noted the Mitigated Negative Declaration is vironmental document that has more or less the same studies that an EIR. There is a different comment period and a narrative rtained in the EIR, he questioned what wasn't in the MND that you f >uld have been included that would have been included in an EIR? >. Otting noted an issue was public services and utility vehicles and sed medians. She wondered if with the extra signal there will be tra cked up to where the Dunes is with the queuing. She is v ncerned about safety and utility vehicles traversing Dover due ffic. She noted her basic concern is life saving and the affect of get[ Hoag Hospital from where she lives. Even if you synchronize the lig u can not get the traffic off the streets. imissioner Tucker noted anyone can get up and give their opinion. have had traffic consultants and experts give us their input and that i, t we have to act upon. We ask questions but ultimately for us tc e a decision we look to the experts for any contrary views for us tc >ider and whenever any written correspondence is received, we pond in writing. So we get to see a valid reason and we get to see the ments. The Commission will not take action until we see the �onse to all those letters and set forth in •a written form so tha yone can see, especially the City Council. However, I have still no i specific reasons for the need of an EIR. Otting answered it was brought up this evening and that was m of the bluff area itself, emergency services with the amount de that need to move through the streets and the reason for rais ans. She stated these concerns were in her letter. >ioner McDaniel asked that someone will respond to with this project. Temple answered yes, she will ask both the Fire Chief and the I for input. ner Hawkins asked if it was the City's policy to respond on a Mitigated Negative Declaration. Ms. Temple answer Page 20 of 24 file: //F:1 Apps1 WEBDATA1 Intemet \PlnAgendas\20051mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 e Sircy, resident, noted traffic issues in the area of Coast over and the traffic mitigation elements of the proposed be a significant improvement to the community. r Clark, resident, noted his concern of this stretch of Coast Highway radation. You now have the opportunity to revitalize Mariner's Mile he supports the project as it will be an addition to the neighborhood. noted he had witnessed someone get killed on Coast Highway and project does nothing but slow down that traffic that would be a itive addition. This traffic would regulate itself and there may be less and go and therefore may be better for emergency vehicles. What stretch is now is far inferior to what it could be. He then stated his port of the project. comment was closed. Toerge then summarized the areas that were addressed: . Whether or not the slope is a significant natural landform. . Discussion on the Level of Service (LOS) E at driveway number with a forecast of LOS E at the Bay Club access to PCH and effect on the project. . Community gathering points on the facility and allocated needs to be addressed. . Signage program may need to come back at some subsequent for review. . A condition to require any and all employees working on the site park in the parking structure and not on the surface level. Shoi there be two levels, they should be required to park on the lows level. . Discussion of coring and no drive piling on site. . Issue of site queuing and the one way access issue in with angling some parking in that subject area. . The number of truck hauls to be required and the phasing of would need to be addressed in the EIR. . Consistency regarding amount of soil excavation needs to addressed. . Handling of new material and deliveries during construction and potential for limit in truck hauls in peak hours. Page 21 of 24 file: //F:1 Apps1 WEBDATA1Intemet lPhiAgendas120051mn12- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 . Reference to 4.1 B and 4.913 relative to the bluff in the MND. . Discussion about the hydrology in the bluff and retaining wall. . Loading and delivery of materials to stores in the eastern portion the site and how that will be achieved. . Use of elevators to park delivery vans. . Turn - around aspects of the parking structures. . Raised medians on Coast Highway and how it affects the services and emergency response for serving public. Eaton added: . Threshold issue of the slope and use of historical aerial photos confirmation. . How many truck loads per day. . Any additional mitigation measures proffered by staff. . Two foot landscape strip extended to four feet to allow for overhang to eliminate the need for the modification and consistent with the Mariners Mile program. . Fair share requirement applied to the Bay Club if possible to that third lane. . Queuing of signals needs to be addressed. Hawkins added: . Hydrology and drainage issues testimony was adequate and written response may not be necessary. . On site queuing and signal assumptions tied together. Tucker added: . More detail on the trash situation. . Extension of transition on Coast Highway. Temple noted that imposing a condition related to a signal It project is not recommended by the City Attorney's office. She the Capital Improvement Program is being started for next ye . is the place where the signal issue should be addressed. Disc Page 22 of 24 file: //F:\Apps \WEBDATA\ Internet \P1nAgendas\2005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 Page 23 of 24 (lowed. She then asked for direction to incorporate into the resolution. was decided to wait until the additional information is presented and tc ve direction at the following meeting. otion was made by Chairperson Toerge to continue public hearing tc None Henn None BUSINESS City Council Follow -up - Ms. Temple reported that the Santa Condominium project has been continued to January. Report from Planning Commission's representative to the Development Committee - none. Report from Planning Commission's representatives to the Gf Plan Update Committee - Commissioner Eaton noted there has no meeting. Ms. Temple added that it will be mid to late Ja before staff will have a presentation. Report from Planning Commission's representative to the Loi Coastal Plan Certification Committee - Chairperson Toerge noted It the land use controls, the recreation and marine commercial proje and the implementation process and amendments on vacation a abandonment of public right of way within the Coastal zone, chang to section 20.70 dealing with coastal zone development and h those implementation policies need to be modified to meet the LCP with the public access for properties within the coastal zone we discussed. Coming up will be the discussion of the bluff t development guidelines. There is a desire by the committee accomplish this by July. Coastal will probably ask for an extension the implementation. Report from Planning Commission's representative to the Zoni Committee - Commissioner Eaton noted no meeting to date a asked about the staff liaison. Ms. Temple noted that there is possible restructuring and is not sure of who the staff liaison will and there is a time issue. She then discussed the timing issues applications and plan check processes. Matters which a Planning Commissioner would like staff to report on a subsequent meeting - Chairperson Toerge noted the black poles the Chevron station at Bayside /Coast Highway. Matters which a Planning Commissioner may wish to place on file: //F:1 Apps \WEBDATA\ Intemet \P1nAgendas\2005\mnl2- 08- 05.htm 6/26/2008 Planning Commission Minutes 12/08/2005 agenda for action and staff report - none. Project status - none. Requests for excused absences - none. BARRY EATON, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 24 of 24 file: //F:\ Apps \WEBDATA\ Internet \P1nAgendas\20051mn12- 08- 05.htm 6/26/2008