HomeMy WebLinkAbout12/19/1974COMMISSIONERS
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Motion
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CITY OF NEWPORT BEACH
Regular Planning Commission Meeting
Place: City Council Chambers
Time: 7:00 P.M.
MINUTES
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*Arrived at 7:35 P.M.
EX- OFFICIO MEMBERS
R. U,. Hogan, Community. Development Director
Hugh Coffin, Assistant City Attorney
Benjamin B. Nolan, City Engineer
STAFF MEMBERS.
James D. Hewicker, Assistant Director - Planning
William R. Foley, Environmental Coordinator
Shirley Harbeck, Secretary
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Minutes of the Regular Meeting of November 21,
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1974, were approved as written.
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Minutes of the Regular Meeting of December 5, 1974
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were approved as written.
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Item #1
Request to create four parcels for residential
RESUB-
development where two lots now exist.
DIJON
NO. 476
Location: Portion of Lot 17, Newport Heights,
located at 2420, 2426 and 2426k -
CONT. TO
15th Street, on the northeasterly
JAN..2
side of 15th Street between Gary
Place and Powell Place in Newport'
Heights.
Zone: R -1
Applicant: Margie Maxine Andrews, Newport
Beach
Owner: Donald D. Andrews, Newport Beach
X
Planning Commission continued this matter to the
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meeting of January 2, 1975.
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COMMISSIONERS
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CITY OF NEWPORT BEACH,
December 19. 1974
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Item #2
Request to establish one building site and elimi-
nate interior lot lines where one lot, a portion
of a second lot, and a portion of a vacated alley
RESUB-
DIVISION
NT—U9
now exist so as to permit the construction of an
office building on the property.
APPROVED
CONDI-
Location: Lot 3, Block B, Tract 470, a portionTIONALLY
of Lot 10, Block.730, Corona del Mar
and a portion of a vacated alley,
located at 2421 East Coast Highway,
on the southwesterly side of East
Coast Highway, between Begonia
Avenue and Carnation Avenue in
Corona del Mar.
Zone: C -1
Applicant: Arthur T. Huntley, South Laguna
Owner: Same as Applicant
Surveyor: Paul A. Cuomo, Newport Beach
Public hearing was opened in connection with this
matter.
Harry Smith, 706 Acacia, appeared before the
Commission and questioned the location of the
parking, setbacks and height of the building. The
staff reviewed the proposed plans in answer to
the questions raised.
Mrs. Brandenberg appeared before the Commission to
advise of the narrow alley which exists adjacent
to the parking area proposed and requested that
th.e setbacks be increased because of the configur-
ation of the alley and the location of structures
on her property. She also commented on the lack
of parking in the area and questioned the number
of parking spaces proposed for the office building
Assistant Community Development Director Hewicker
again reviewed the proposed plans and advised that
the parking was based on the square footage of the
building. Staff assured the Commission that
regardless of what was constructed on the pro-
perty, the parking would be provided as required
by the Municipal Code.
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Motion
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Motion
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There being no others desiring to appear and be
heard, the public hearing was closed.
Planning Commission discussed the modification.
which had previously been approved and the maneu-
verability of the narrow alley.
X
Following discussion, motion was made to approve
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Resubdivision No. 479, subject to the following
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condition:
1. That a Parcel Map be filed.
Item #3
TENTATIVE
Request to subdivide 18.169 acres into six lots
for residential condominium development where
three lots now exist.
TRWCT
T8-T5
Location: Lots 3, 4, and 5, Tract 7989,
located northerly of 19th Street
APPROVED
and westerly of Whittier Avenue in
CONDI-
the "Newport Terrace" Planned
TION LY
Community.
Zone: P -C
Applicant: Simpson - Steppat, Newport Beach
Owner: Leadership Housing Systems, Inc.,
Santa Ana
Engineer: Same as Applicant
Public hearing was opened in connection with this
matter.
Don Simpson, Simpson - Steppat, appeared before the
Commission and concurred with the staff report
and recommended conditions.
There being no others desiring to appear and be
heard, the public hearing was closed.
X
Motion was made to approvae Tentative Map Tract
No. 8835, subject to the following conditions:
1. That all public improvements and private
street improvements be constructed as required
by ordinance, the Public Works Department, and
the conditions of approval for the final map
of Tract No. 7989.
Page 3.
Motion
Ayes
Absent
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COMMISSIONERS CITY OF NEWPORT BEACH
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INDEx
2. That the boundary of the final tract map be
checked by the County Surveyor before being
submitted to the City for approval.
3. That Section 19.16.030 of the Subdivision
Ordinance regarding map scale be waived
provided that maps drawn.accurately to scale
of 1" = 100' are furnished to the Public
Works Department immediately after approval
of the final map.
4. That all remaining applicable conditions of
approval for the Final Map of Tract 7989
shall be fulfilled.
Item #4
Request to permit an amendment to a previously
USE
approved use permit that allowed the sale of beer
PERMIT
and.wine in conjunction with a restaurant within
1677
200 feet of a residential district, so as to
AMENDED
permit the expansion of the subject restaurant.
ONT. TO
Location: Portion of Lot D, Tract 919,
JAN. 2
located at 215 -217 Riverside
Avenue, on the northwesterly corner
of Riverside Avenue and Avon Street,
across Avon Street from the U. S.
Post Office.
Zone: C -1 -H
Applicant: Stuft Noodle Restaurant,
Newport Beach
Owner: Riverside West - Marvin Hoover,
Newport Beach
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Planning Commission continued this matter to the
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meeting of January 2, 1975.
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Item #5
Request to permit the establishment of an inter -
USE
ior decorating school in Block 200 of Newport
PERMIT
Center.
7_
Location: Parcel 2A of Parcel Map 43 -28
APPROVED
(Resubdivision No. 335) located at
CONDI-
200 Newport Center Drive East, on
TILY
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Motion
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CITY OF NEWPORT BEACH
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December 19, 1974
INDEX
the southeasterly corner of Anacapa
Drive and Newport Center Drive East
in Newport Center.
Zone: C -O -H
Applicant: IDG, Inc., Beverly Hills
Owner: The Irvine Company, Newport Beach
Walter D. Douglas (55 year lease)
Public hearing was opened in connection with this
matter.
Janet Lehman, representative of the applicant,
appeared before the Commission and concurred with
the staff report and recommended conditions.
There being no others desiring to appear and be
heard, the public hearing was closed.
Planning Commission discussed the parking both for
Block 200 and the entire Newport Center area and
voiced concern over the intensification of uses
beyond that for which the buildings and their
related parking were designed.
X
Following discussion, motion was made to approve
Use Permit No. 1743, subject to the following
conditions:
1. That development shall be in substantial
conformance with the approved floor plan and
plot plan.
2. That a maximum of twenty five students shall
be permitted at any one session.
3. That this approval shall be for a two year
period from the effective date of this action.
Any request for extension shall be acted upon
by the Modifications Committee.
Item #6
USE
Request to permit the approval of live entertain-
ment in conjunction with an existing restaurant.
PERMIT
/-4 —
Location: Lot 4, Tract 1045, located at 3224
East Coast Highway, on the north-
APPROVED
easterly side of East Coast Highway
CONDI-
between Larkspur Avenue and Mar-
T -IDLY
guerite Avenue in Corona del Mar.
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Zone: C -1
Applicant: Pamalee, Inc., dba The Quiet Woman
Restaurant, Corona del Mar
Owner: Don V. Franklin, Corona del Mar
Community Development Director Hogan advised of a
telephone call he received in opposition to the
request because of the `additional noise which
would be created.
Violations of the Zoning Code and corrective
measures available to the City were discussed by
the Commission and Staff.
Public hearing was opened in connection with this
matter.
Michael Leech, owner and manager of the restaurant
appeared before the Commission and concurred with
the conditions of the staff report. He answered
questions in connection with the issue of noise
and steps which have been taken to eliminate the
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restaurant kitchen noise.
Harry Phillips, owner of property at 415 -415'
Marguerite, appeared before the Commission and
commented on the noise generated by the restaurant
and its effect on his property and tenants. He
also voiced concern with the type of music pro-
posed, the younger crowd which may be attracted
to the restaurant and the lack of parking.
Leone Steinhower, tenant at 415 Marguerite,
appeared before the Commission to answer questions
relative to the noise eminating from the restau-
rant and felt there was more noise with the live
entertainment than in the past.
Robert Betten, 2815 Colorado Lane, appeared before
the Commission to state he had been in the apart-
ments at 415 Marguerite and commented on the noise
generated by the restaurant and the lack of park-
ing.
Mildred Schwartz questioned the kind of music
proposed and felt that the addition of live
entertainment would generate.more young people
and more noise.
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Michael Leech appeared before the Commission in
rebuttal to comments made and advised of the
availability of parking in the area and the type
of music (country - western) proposed.
There being no others desiring to appear and be
heard, the public hearing was closed.
Motion
X
Motion was made to deny Use Permit No. 1744, based
on the fact that the use would not be compatible
with the area.
Planning Commission discussed the motion and felt
that the noise factor as well as the other points
of concern could be controlled through conditions
Ayes
X
attached to the use permit. Following discussion,
Noes
X
X
X
X
X
Y
motion was voted on and failed.
Motion
X
Motion was made to approve Use Permit No. 1744,
Ayes
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X
X
X
X
Y
subject to the following conditions:
Noes
X
1. That within 60 days the applicant shall obtain
the services of a licensed acoustical engineer
•
who shall provide evidence of existing inter-
ior and exterior noise levels with and without
the live entertainment. If it is found that
interior noise levels during live entertainmeni
performances result in an increase in existing
exterior ambient noise levels, the building
shall be insulated.in such a manner that the
existing ambient sound levels outside the
building are not increased.
2. The rear door and rear window of the restau-
rant facing the alley shall be closed at all
times.
3. That this approval shall be for a one year
period; any request for extension to be acted
upon by the Modifications Committee.
4. There shall be no live entertainment after
the hour of 1:00 A.M.
Commissioner Hazewinkel disqualified himself from
deliberation on Items #7, #8 and #9 due to a
possible conflict of interest and therefore step-
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ped down from the dais and was deemed absent.
Page 7.
Motion
Ayes
Absent
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Item #7
Request to permit a portion of two residential
VARIANCE
condominium buildings to exceed the basic height
046
limit within the 32/50 Foot Height Limitation
District.
APPROVED
CONDI-
Location: Portion of Block 56, Irvine's
TIOIdAULY
Subdivision, located at the south-
east corner of Jamboree Road and
Ford Road in "Big Canyon."
Zone: P -C
Applicant: McLain Development Co.,
Newport Beach
Owner: The Irvine Company, Newport Beach
Staff reviewed this matter with the Commission
and answered questions relative to the request.
Public hearing was opened in connection with this
matter.
Bob McLain, McLain Development Co., appeared
before the Commission to answer questions regardin
the request and concurred with the staff report
and recommended condition.
There being no others desiring to appear and be
heard, the public hearing was closed.
X
X
X
X
X
X
Motion was made to approve Variance No. 1046
subject to the following condition:
X
1. That development shall be in substantial
conformance with the approved plot plan and
sections.
Planning Commission recessed at 8:45 P.M. and
reconvened at 9:00 P.M.
Because of their relationship, Item #8 and Item #9
were heard concurrently, however separate actions
were taken on each.
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Item #8
Request to establish the Planned Community Devel-
AMENDMENT
opment Plan and Development Standards for the
N0
"Corporate Plaza" Planned Community in Newport
Center, and the acceptance of an environmental
document.
APPROVED
NOD
E.I.R.
Location: Portion of Block 93, Irvine's Sub-
division, Parcel 1 of Parcel Map
27 -17 (Resubdivision No. 269).and
C -CEDED
Parcel 1 of Parcel Map 58 -29
(Resubdivision No. 404) on property
bounded by East Coast Highway,
Newport Center Drive, Farallon
Drive and the future extension of
Avocado Avenue, in Newport Center.
Zone: P -C
Applicant: The Irvine Company, Newport Beach
Owner: Same as Applicant
Item #9
Request to create twenty -one numbered parcels for
commercial development, one lettered parcel for
street purposes, and one lettered parcel for a
common parking lot for the "Corporate Plaza"
RESUB-
DIVTSI0N
N06-5—
Planned Community in Newport Center.
APPROVED
CONDI-
Location: Portion of Block 93, Irvine's Sub-
division, Parcel 1 of Parcel Map
27 -17 (Resubdivision No. 269) and
TIONALLY
Parcel 1 of Parcel Map 58 -29
(Resubdivision No. 404) on property
bounded by,East Coast Highway,
Newport Center Drive, Farallon
Drive and the future extension of
Avocado Avenue, in Newport Center.
Zone: P -C
Applicant: The Irvine Company, Newport Beach
Owner: Same as Applicant
Engineer: Simpson - Steppat, Newport Beach
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Public Hearings were opened in connection with
the above two items.
Dave Neish, Manager, Planning Administration, The
Irvine Company, appeared before.the Commission
and reviewed the proposed project as to location,
types of uses proposed, size and height of build -
ings, parking, landscaping and the ordinance which
governs the height of buildings on.this specific
site. He reviewed plans of the project and cross -
sections indicating the sight plane governing the
height.
Mr. Neish pointed out that the traffic generated
by this project would be less than that shown in
the Voorhees Analysis of Newport Center which was
reviewed by the Commission in July, 1974.
Mr. Neish concurred with the staff report and
recommended changes in. connection with Amendment
No. 434. With the exception of conditions 9 and
10 on which letters of protest had been received
from The Irvine Company because of the policies
which must be determined by the City Council, he
•
also concurred with the staff report and recom-
mended conditions for Resubdivision No. 465.
Archaeological policies were discussed and the
Commission was advised that the Planned Community
Text would be amended to assure compliance with
the City's - olicies.
An addendum to the Environmental Impace Report
was presented to the Commission for review and
discussion along with the E.I.R.
Environmental Coordinator Foley reviewed recommend-
ed changes to the Planned Community Text in addi-
tion to those covered in the staff report as
follows:
1. Section II., 5. - That approval be made by the
Director of Community Development rather than
by the Director of Public Works.
2. Section IV., B. - That the phrase "and other
uses which in the opinion of the Director of
Community Development are compatible," be
deleted from the first sentence.
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3. Section IV., D. - Read as follows: "All
buildings and appurtenant structures shall be
limited to a maximum height of thirty -two (32)
feet, with the exception of Buildings "10B"
and "15A" which shall be permitted up to the
limit established by the sight plane.and the
extension of the sight plane northerly to
Farallon Drive and southerly to Pacific Coast
Highway."
Herman Kimmel, 4242 Campus Drive, Traffic Consult-
ant, appeared before the Commission to answer
questions on the traffic analysis contained in the
E.I.R. Mr. Kimmel also answered questions regard-
ing the access points to the project, parking in
relation to compact car spaces, speed of traffic
and signalization on Newport Center Drive at
Farallon,.traffic circulation in the area and
improvements along Coast Highway.
City.Engineer Nolan commented on traffic capacity
along Coast Highway and answered questions rela-
tive to traffic circulation and future improve-
ments. He reviewed the recommended conditions
which effect traffic circulation and the reasons
for the "various conditions. He also reviewed the
two letters which had been received from The
Irvine Company objecting to conditions 9 and 10(a)
and commented on the need for the conditions.
Bill Darnell, Traffic Engineer, appeared before
the Commission to review the.parking, traffic
count statistics contained in the E.I.R., traffic
movements along Coast Highway and access to the
project from Coast Highway between Newport Center
Drive and Avocado Avenue, design of the parking
lotto provide for compact car spaces, projected
traffic volumes contained in the E.I.R., and
methods whereby the deficiencies in the City's
highway system could be reduced.
Burt Milburn, with Environmental Impact Profiles,
appeared before the Commission to answer questions
on the Environmental Impact Report pertaining to
wind velocity, earthquake problems, storm drains
and waster run -off, siltation and air quality.
J. R. Blakemore, Corona del Mar, appeared before
•
the Commission and voiced concern with future
development of the strip of land between MacArthur
and Avocado, north of Coast Highway, commented on
the grading and elevations of the various building
pads, requested that the southerly entrance to
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the project on Avocado Avenue be moved north in
order to preclude any possible connection in the
future with Harbor View Drive, that the lighting
be reviewed in order to minimize glare, that the
landscaping and trees not exceed 32 feet in height
at maturity, and that.all buildings conform to the
height limit. In conclusion he felt that the
project would be an economic asset to the City.
Dave Neish, Manager, Planning Administration, The
Irvine Company, appeared before the Commission in
response to the concerns of Mr..Blakeinore.
Doug Schnor with The Irvine Company appeared befor
the Commission to comment on the Company's reluc-
tance to move Corporate Plaza easterly because of
the dividing factor of Avocado Avenue plus the
heed for more study as to what type of project
would be best suited for the strip of land between
Avocado Avenue and MacArthur Boulevard.
Don Simpson, Simpson - Steppat, appeared before the
Commission to review the grading plans and answer
questions relative to the effect of the grading on
•
the height of buildings.
Dave Neish responded to the concerns relative to
moving the southerly access point on Avocado
Avenue, lighting of the parking lot, height of
trees and landscaping, sign controls, and assured
the Commission that all buildings and appurtenance
would be within the sight plane limits.
There being no others desiring to appear and be
heard, the public hearing was closed.
Discussion by the Planning Commission included
compact car spaces, fixed location of the building
sites, review of plans for design of parking to
provide compact spaces, and pedestrian crossings.
on Coast Highway.
Motion
X
Following discussion, motion was made to -accept
Ayes
X
X
X
X
X
X
the Environmental Impact Report and recommend to
Absent
X
the City,Council that Amendment No. 434 be approve
with the following amendments:
1. That the detailed site plans be incorporated
into and made a part of the Planned Community
Text and that Section IV (c) be amended to
read:
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C. Building location. All buildings
shall be located in substantial
conformance with the approved site
plan.
2. That Section I. "Statistical Analysis ".be
amended to establish a maximum permitted
Floor Area of 450,000 sq.. ft.
3. That Section I. (2) "parking" be deleted and
that Section IV., G. Parking, be amended to
allow for preparation of a specific plan for
compact car parking with review by the Plan-
ning Commission.
4. That the height of all landscaping be limited
to that established by the sight plane.
5. That the parking lot lighting be designed in
such a manner so as to minimize glare on
residential areas.
6. That Section II. 5. read as follows: "Erosion
control provisions shall be carried out on all
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areas of the Planned Community in a manner
meeting the approval of the Director of
Community Development.
7. That Section II. 9. read as follows: "Prior
to the issuance of grading permits, the site
shall be examined to determine the existence
and extent of archaeological and paleontolog-
ical resources in accordance with adopted
City Policies.
8. That Section IV. D. Building Height read as
follows: All buildings and appurtenant
structures shall be limited to a maximum
height of thirty -two (32) feet, with the
exception of Buildings "10B" and "15A" which
shall be permitted 'up to the limit establish-
ed by the sight plane and the extension of
the sight plane northerly to Farallon Drive
and southerly to Pacific Coast Highway.
"The number of stories within each structure
shall be as shown on the site plan."
9. That Section IV. B. Permitted Uses be amended
•
by the deletion. of the phrase "and other uses
which in the opinion of the Director of
Community Development are compatible," in the
first sentence.
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COMMISSIONERS CITY OF NEWPORT BEACH
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10. That Section IV., B. Permitted Uses, 2.,
specifically exclude medical offices.
Motion
X
Motion was made that Resubdivision No. 465.be
Ayes
K
K
X
X
X
approved subject to the following conditions:
Absent
X
1. That there shall be a document recorded
satisfactory to the City Attorney and the
Director of Community Development which pro-
vides for the continued maintenance and
operation of the off - street parking and land-
scaped areas within the common area (i.e.,
Parcel "B ") and which provides for perpetual.
access to the buildings on Parcels 1 through
20.
2. Parcel No. 21 shall be utilized for land -
scaping.purposes as illustrated on the
Planned Community Development Plan.
3. That Amendment No. 434 shall be approved.
4. That the resubdivision be reviewed and approve
by the City Council; with a finding of.approva
by the Council as to street alignments and
widths as proposed and as recommended below.
5. That a Parcel Map be filed.
6. That all public improvements be constructed
as required by ordinance and the Public Works
Department, except as otherwise modified
herein.
7. That the half width of Avocado Avenue be
dedicated and improved from Farallon Drive
to East Coast Highway, including interim
intersection channelization. In accordance
with the provisions of the Capital Improvement
Policy, the City will be responsible for the
traffic signal at the intersection of Avocado
with East Coast Highway.
8. That sidewalk be constructed along the
southerly side of Farallon Drive.
9. That a traffic signal be constructed by the
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developer at the intersection of Farallon
Drive and Newport Center Drive.
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December 19, 1974
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auncy
10. That the following requirements be establishe
for East Coast Highway:
a. Additional right of way shall be dedicate
on the northerly side to provide for a
total right -of -way width of 148.5 feet,
measured from the existing southerly
right -of -way line. This width is intende
to provide ultimately for a substantial
2 -way bicycle trail and pedestrian way on
the southerly side, a shoulder /emergency
parking lane on the southerly side, 6
through traffic lanes, a raised median
island with double left turning lanes, a
right turning lane on the northerly, side,
and a parkway and minimum sidewalk on the
northerly side.
b. As part of the initial project develop-
ment, the developer shall construct an
additional lane on the northerly side of
East Coast Highway from Avocado to
Newport Center Drive, with.an appropriate
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taper easterly of Avocado.
c. The developer shall be responsible for
the ultimate construction of curb, side-
walk, and street lighting on the north-
erly side of East Coast Highway; with
the work to be done at the time the
ultimate highway improvements are
constructed. A separate long term
agreement and surety may be provided for
this work.
d. In consideration for right -of -way
dedication, the developer shall be
relieved from the obligation to con-
struct improvements on East Coast High -.
way other than as set forth herein.
(Note: It is contemplated that ultimate
improvements on East Coast Highway would
be constructed under an AHFP or F.AU
project.)
11. That access to the perimeter streets be taken
as shown on the plot plans submitted. All
vehicular access rights shall be dedicated
to the City on East Coast Highway, except
•
for one location; on Newport Center Drive,
except for one location; and on Avocado
Avenue, except for two locations. The
connection to East Coast Highway shall be
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COMMISSIONERS CITY OF NEWPORT BEACH
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designed and constructed so as to prevent
vehicles exiting the site from turning left
onto East Coast Highway.
12. That water capital improvement acreage fees
be paid; and storage capacity in San Joaquin
Reservoir equal to one maximum day's demand
be dedicated to the City.
13. That all public utility and storm drain
easements be a minimum of 10 feet in width,
with greater widths provided where required
by the Public Works Department.
14. That standard subdivision agreements and
surety be provided to guarantee completion
of the public improvements if it is desired
to have building permits issued or the Parcel
Map recorded prior to completion of the
required improvements.
15. That the street dedication and improvement
responsibility for East Coast Highway
•
established for this project be considered
as in itself; thus
complete and no credits
be separately allowed under the City's
Capital Improvement Policy. An appropriate
credit for Avocado Avenue improvements shall
be allowed as provided for in the policy.
16. That all grading be performed in accordance
with the recommendations of a soils report
to be prepared by a qualified soils engineer
and approved by the City Grading Engineer.
Special attention shall be directed to
protecting the waters of Newport Bay. An
interim protection plan shall be developed
as part of the grading plan incorporating
desilting facilities and other means as
needed to prevent siltation of the bay
during the construction period.
Commissioner Williams advised that his vote on
the Corporate Plaza project was a reluctant yes
and felt that while some improvements are made
through projects of this kind, the environment
as a way of life was not necessarily being
improved, either as known presently or in the
past.
•
Commissioner Hazewinkel returned to the dais.
Page 16.
COMMISSIONERS
c m yam„ q m f
Irn
F
Motion
All Ayes
Motion
All Ayes
0
0
CITY OF NEWPORT BEACH
MINUTES,
DPCPmhPr 1Q_ 1Q74
Revised Archaeology Guidelines (Discussion)
Item #10
CONT. TO
TAN. 2
X
Planning Commission continued this matter to the
meeting of January 2, 1975, because of the late
hour.
ADDITIONAL BUSINESS:
Planning Commission was advised that City Council
had requested the appointment of one Commissioner
to serve as a member of the Bi- Centennial Committe
.
X
Motion was made that Commissioner Heather be
appointed by acclamation to serve as a member of
the Bi- Centennial Committee.
There being no further business, motion was made
to adjourn the meeting. Time: 12:15 A.M.
i
JAMES PARKER, Secretary
Planning Commission
City of Newport Beach
Page 17.