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HomeMy WebLinkAbout1401 Dove St Office Bldg (PA2003-120)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 August 4, 2005 TO: PLANNING COMMISSION FROM: James Campbell, Senior Planner jcampbel l(cbcity. newport- beach. ca. us (949) 644 -3200 SUBJECT: Request for an extension of the approval of Traffic Study 2003 -002 & Modification Permit No. 2003 -005 for an office building proposed at 1401 Dove Street (PA2003 -120) APPLICANT: Richard Martin On July 17, 2003, the Planning Commission approved the referenced applications. The traffic study was required and prepared in accordance with the Traffic Phasing Ordinant (TPO) for the construction of a two -story office building consisting of 26,155 gross square feet. The proposed building would be constructed to the rear of an existing six -story office building. The Modification Permit authorized parking for the building at 1 space for every 250 square feet rather than 1 space for every 225 square feet. The Newport Place Planned Community Text establishes these parking standards and the ability to consider the Modification Permit. The building has not been constructed to date and the approval of the applications expires after 24 months due to the conditions of approval applied. Twenty-four months is the minimum expiration period for a traffic study and 60 months is the maximum for trafft studies. Modification Permits expire 24 months from approval under most circumstances and they can be extended an additional 3 years. The applicant submitted the request for an extension of time well in advance of the expiration date as required. Section 15.40.035.0 of the Municipal Code allows the Planning Commission or the City Council the ability to extend the expiration of approved traffic studies. Section 20.93.050.6 allows the Planning Director the ability to extend the expiration of a Modification Permit not to exceed 3 years. The Traffic Engineer has evaluated the requested extension and has no objections. One central finding of the TPO is that the project must be completed within 60 months of approval. Staff has no objections to extending the Modification Permit. Extension of PA 2003 -120 August 4, 2005 Page 2 RECOMMENDATION Staff recommends granting an extension of the maximum 60 months allowable by Code. The new expiration date will be July 17, 2008. The Commission can specify a shorter duration or can deny the request. Prepared by: James W. Campbell Senior Planner Exhibits: Submitted by: Patricia L. Temple Planning Director 1. Resolution No. 1608 approving Traffic Study 2003 -002 & Modification Permit No. 2003 -005. 2. July 17, 2003 staff report for Traffic Study 2003 -002 & Modification Permit No. 2003 -005. 3. Excerpt of minutes from July 17, 2003 EXHIBIT NO. 1 Resolution No. 1608 5 l RESOLUTION NO. 1608 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING TRAFFIC STUDY NO. 2003-002 AND MODIFICATION PERMIT NO. 2003-064 FOR PROPERTY LOCATED AT 1401 DOVE STREET.(PA2003 -120). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Richard Martin, with respect to property located at 1401 Dove Street, requesting approval of Traffic Study No. 2003 -002 to permit the construction of a two -story office building consisting of 26;155 square feet. The application includes a Modification Permit to authorize the reduction in the parking requirement. The site is designated Administrative, Professional and Financial Commercial by the General Plan Land Use Element and Newport Place Planned Community (PC -11) by the Zoning Code. Section 2. A public hearing was held on July 17, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The City's General Plan designates the site as Administrative, Professional and Financial Commercial uses. The Zoning Code designates the site as Newport Place Planned Community (PC -11) with a designation for the property for Professional and Business Office. This designation and the floor area allocation permit the construction of 26,155 square feet of additional office space on the site. Therefore, the proposed project is consistent with the General Plan and Zoning designations. 2. In accordance with the Traffic Phasing Ordinance, a Traffic Study has been completed and demonstrates that the proposed project and cumulative traffic generation will not result in adverse impacts on area intersections and that no intersection improvements will be required as a result of the proposed project for the following reasons: a. That the Traffic Study has been prepared in a manner which analyses the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy L -18; b. That the Traffic Study has been reviewed by the City Traffic Engineer and found in compliance with the Traffic Phasing Ordinance. c. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any major, primary- modified, or primary street at any of the nine intersections selected for evaluation by City staff and based on the characteristics of the proposed development; and Planning Com ssion Resolution No. 1608 Page 2of8 d. That the Traffic Study indicates that the project - generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour peak period on eight of the nine intersections and that the ICU analysis for the ninth intersection indicates that the ICU value does not increase. 3. The Newport Place Planned Community development permits the reduction in the parking ratio with approval of a Modification Permit. The reduction, as requested, will not result in a substantial decrease in overall parking on the site, and adequate parking will be provided to accommodate the proposed office use. The granting of a modification to establish a parking requirement of 1 space for each 250 square feet of net floor area will not be detrimental to persons, property or improvements in the neighborhood and the modification as approved is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code in that this parking ratio has proven to be adequate for other general office developments in the City. 4. An Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA) for the project as originally proposed and approved in December, 1998. On the basis of the analysis contained within the MND and the mitigation measures recommended, a determination was made that the project does not have the potential to significantly degrade the quality of the environment. The proposed project is substantially in conformity with the project as originally approved, and the mitigation measures contained therein have been incorporated as conditions of approval for this project. Therefore, the previously - approved MND will serve as the required CEQA documentation for this project. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Traffic Study No. 2003 -002 and Modification Permit No. 2003 -064, subject to the Conditions set forth in Exhibit "A." Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JULY, 2003. AYES: Eaton, Cole, McDaniel. Selich and Kiser EXCUSED: Tucker and Toerge NOES: None Earl McDaniel, Chairman BY: I ichaerTorege, Secretary 0 Planning Comr. )lion Resolution No. 1608 Page 3 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL TRAFFIC STUDY NO. 2003-002 AND MODIFICATION PERMIT NO. 2003-064 1. The development shall be in substantial conformance with the approved plot plan, floor plan and elevations dated April 30, 2003. 2. Traffic Study No. 2003 -002 and Modification Permit No. 2003 -064 shall expire unless exercised within 24 months from the date of approval as specked in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The Planning Commission may add to or modify conditions of approval to this Traffic Study. and Modification Permit, or revoke this Traffic Study and Modification Permit upon a determination that the implementation of the project which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City- adopted version of the Uniform Building Code (UBC), including compliance with the State Disabled Access requirements. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 7. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 8. Public easements and utilities crossing the site shall be shown on the grading and building site plans. 9. Prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and The City Utilities Department. 10. Any Edison transformer serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. I Planning Comi lsion Resolution No. 1608 Page 4 of 8 11. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 12. A minimum of one parking space for each 250 square feet of net floor area shall be provided on -site. 13. All signs shall conform to the provisions of the Newport Place Planned Community and Chapter 20.06 of the Municipal Code. Mitigation Measures: 14. During construction activities, the project will comply with the erosion and siltation control measure of the City's grading ordinance and all applicable local and State building codes and seismic design guidelines, including the City Excavation and Grading Code (NBMC Section 15.04 or applicable sections). 15. Prior to the issuance of a grading permit, the applicant shall submit a comprehensive geotechnical investigation to the Planning and Building Department for review and approval. 16. Prior to the issuance of a grading permit, the applicant shall submit a construction traffic control plan which includes the haul route, truck hauling operations, construction traffic flagmen and construction warning /directional signage to the Planning and City Traffic Engineer for review and approval. 17. The project shall conform to the requirements of the National Pollution Discharge Elimination System (NPDES) and shall be subject to the approval of the Public Works Department to determine compliance. 18. During construction activities, the applicant shall ensure that the following measures are complied with to reduce short-term (construction) air quality impacts associated with the project: a.) controlling fugitive dust by regular watering, or other dust palliative measures to meet South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust); b.) maintaining equipment engines improper tune; and c.) phasing and scheduling construction activities to minimize project- related emissions. 19. During construction activities, the applicant shall ensure that the project will comply with SCAQMD Rule 402 (Nuisance), to reduce nuisance due to odors from construction activities. 20. Prior to the issuance of a building permit, the developer shall contribute his proportionate pro -rata share traffic impact fee required for improvements at the intersection of MacArthur Boulevard and Jamboree Road as recommended in the traffic study dated September 3, 1998, prepared by Austin -Foust Associates, Inc, and determined by the City Traffic Engineer. I Planning Com; ssion Resolution No. 1608 Page 5 of 8 21. The applicant shall ensure that the project will comply with the provisions of the City of Newport Beach General Plan Noise Element and the Municipal Code pertaining to noise restrictions. During construction activities, the hours of construction and excavation work are allowed from 7:00 a.m. to 6:30 p.m. on weekdays and 8:00 a.m. to 6:00 p.m. on Saturdays, and not at any time on Sundays and holidays. 22. Prior to the commencement of grading activities, the applicant shall coordinate with utility and service organizations regarding any construction activities to ensure existing facilities are protected and any necessary expansion or relocation of facilities are planned and scheduled in consultation with the appropriate public agencies. 23. Prior to the commencement of grading activities, the applicant shall submit to the Planning and Building Department a letter from the City Utilities Department confirming availability of water and wastewater services to and from the site. 24. Light sources within the parking area shall be designed or altered to eliminate light and glare spillage onto adjacent properties or uses. Prior to the issuance of a building permit, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been designed and directed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. Prior to the issuance of a building permit, the applicant shall provide to the Planning Department, in conjunction with lighting system plan, light fixture product types and technical specifications, including photometric information to determine the extend of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of use and occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this mitigation measure. 25. A qualified archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. Water Quality Conditions: 26. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study, including off -site areas affecting the development, shall be prepared by a qualified engineer and approved by the Building Department. The report shall include detailed drainage studies indicating how the grading, flows, catch basins, storm drains, and flood water retarding will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including a theoretical 100 -year flood. 27. Prior to the issuance of a grading permit, a recorded drainage acceptance letter for any concentration or increase of drainage runoff to adjacent properties shall be submitted for review and approval by the Building Department. M Planning Com, ision Resolution No. 1608 Page 6 of 8 28. Prior to issuance of a grading permit, the applicant shall submit an erosion/siftabon control plan to the Building Department for review and approval. The plan shall incorporate storm water pollutant control. 29. Prior to initiation of any earthwork activities or issuances of any grading permit, the applicant shall submit a Storm Water Pollution Prevention Plan to the City for review and approval. The Plan shall be maintained on -site throughout the construction phase and shall be made available to the public for review, upon request. 30. Prior to the issuance of a grading permit, the applicant shall obtain an NPDES (National Pollution Discharge Elimination System) permit. The applicant shall incorporate storm water pollutant control into erosion control plans using Best Management Practices (BMP's) to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board (SWRCB) shall be given to the Building Department prior to issuance of a grading permit. 31. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the BMP's that will be used on site to control predicable pollutant runoff. The Plan shall identify the types of structural and non- structural measures to be used. The Plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The Plan shall be prepared to the format shown in "Attachment C" of the DAMP titled 'Water Quality Management Plan Outline" and be subject to the approval of the Building Department. 32. Prior to the issuance of a grading permit, the following improvements shall be designed in a manner meeting the approval of the Building Department: a. All provisions for surface drainage. b. All necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff. C. Where determined necessary by the Building Department, associated public street and utility easements shall be dedicated to the City of Newport Beach. Prior to the issuance of a certificate of occupancy permit, said improvements shall be constructed in a manner meeting the approval of the Building Department. 33. Prior to issuance of a grading permit, the applicant shall provide a Water Quality Management Plan incorporating structural and non - structural Best Management Practices (BMP's). This plan shall be submitted for review and approval by the Building Department. At a minimum, the following items should be specifically addressed: a. Drainage - No drainage from any other portion of the site shall be allowed to enter the fuel dispensing area. Discharge of any runoff from the fuel dispensing area to the storm drain system will not be allowed. Materials storage areas shall have a containment feature (i.e. asphalt, berrn, or steel plate) around the (b Planning Com. ssion Resolution No. 1608 Page 7 of 8 perimeter at ground level. No material shall be stockpiled higher than the height of the adjacent walls. All areas within the vehicle maintenance area must have self- contained drainage. Re- grading and/or construction of special features to adequately control pollutant runoff may be required. If the existing drainage flow is disrupted by any new construction (walls, etc.), additional or relocated drainage facilities will be required. b. Concrete Surface - The fuel dispensing area and all vehicle maintenance area surfaces shall be concrete, not asphalt. The fuel dispensing area shall have dimensions such that the fuel dispensing surface shall extend a minimum of one foot in all directions beyond the maximum length that the fuel dispensing hose may operate in any given direction. The vehicle maintenance areas must provide a structural BMP to prevent spills and /or wash water from the maintenance area to drain outside. C. Covered Areas - The fuel dispensing area and all vehicle maintenance areas must be covered. The cover for the fuel dispensing area shall extend a minimum of one foot in all directions beyond the maximum length that the fuel dispensing hose may extend in any given direction. All vehicle maintenance area shall be covered to the satisfaction of the Building Department. d. Chemical Management Plans - Prior to issuance of a certificate of occupancy permit, applicant shall include proposed plans and measures for chemical management, including storage, emergency response, employee training, spill contingency plan, and disposal methods. This plan shall be approved by the Fire Department, Health Care Agency, and appropriate water district, prior to the approval by Building Department. This plan must contain language requiring any tenants and /or other users of the property to comply with the plans. Below are specific items that shall be addressed within the plan. • Title 22 CCR Compliance - applicant must comply with Title 22 of the California Code of Regulations and relevant sections of the California Health and Safety Code regarding hazardous waste management, which will be enforced by County Environmental Health on behalf of the State. • Spill Contingency Plan - applicant shall prepare a Spill Contingency Plan which mandates stockpiling of cleanup materials, notification of responsible agencies, disposal of cleanup materials, documentation of spills, etc. • Haz -Mat Disclosure Compliance - applicant shall comply with County and City ordinances. • Uniform Fire Code Implementation - applicant shall comply with Article 80 of the Uniform Fire Code. 34. Prior to issuance of a grading permit, the following structural items, or approved equivalent, must be shown on the precise grading plans to the satisfaction of the Building Department. a. All areas within the vehicle maintenance area must have self- contained drainage. Drainage for repair bays and structural barriers, such as berms or drop inlets, to prevent potential spills and cleaning water from entering the storm drain system are required. Auto washing and /or steam cleaning areas shall be shown on the plans, and shall not be connected to a storm drain Planning Corr, ssion Resolution No. 1608 Page 8 of 8 system. Re- grading and /or construction of special features to adequately control pollutant runoff may be required. b. All vehicle maintenance area surfaces shall be concrete, not asphalt. The vehicle maintenance area must provide a structural BMP to prevent spills and /or wash water from the maintenance area to drain outside. C. The entire vehicle maintenance area and car wash area, excluding the vehicle drying area, must be covered. d. Plans shall show the storage area for oils, solvents, coolants, wastes, automotive fluids, and other chemicals. These areas shall be covered and protected with secondary containment structures. 35. Applicant shall ensure that all construction contractor and subcontractor personnel are made aware of the required best management practices and good housekeeping measures for the project site and any associated construction lay -down areas. 36. During the construction phase, the applicant shall comply with the following requirements: a. No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to tidal erosion or dispersion. b. All construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into coastal waters by wind, rain, or tracking. p- EXHIBIT NO. Z July 17, 2003 staff report 13 FILE COPY CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT S Agenda Item No.A July 17, 2003 TO: PLANNING COMMISSION FROM: William Cunningham, Contract Planner (949) 644 -3200 SUBJECT: IMPAC Office Building (PA2003 -120) 1401 Dove Street Request to approve a Traffic Study in accordance with the City Traffic Phasing Ordinance (TPO) in order to construct a two -story office building consisting of 26,155 square feet on a site with an existing six -story office building. The application includes a request for a Modification Permit to authorize a reduction in the parking requirement. APPLICANT NAME: Richard Martin Applicant proposes to add a new two -story office building adjacent to an existing six - story office building located on the west side of Dove Street approximately 150 feet north of Newport Place Drive. The proposed structure will be located to the rear (west) of the existing office building, and will consist of 26,155 square feet of floor area on two floors and partially subterranean parking. The project was originally approved in December, 1998. At that time, the City Council approved a General.Plan Amendment, Planned Community Amendment, Modification Permit. and Traffic Study. Under provisions of the Municipal Code, the Modification Permit and Traffic Study expire unless construction is started within 24 months from the date of approval. The project was not started within the 24 -month permit, which expired on December 14, 2000, therefore, the applicant must process a new Modification Permit and Traffic Study. The General Plan Amendment and Planned Community Amendment are final and remain in force, the requested project is substantially the same as the originally- approved project, and no additional action is required with respect to the General Plan and Zoning designations. The minutes of the Planning Commission meeting (November 19, 1998) and the City Council (December 14, 1998) for the original approval of the project are attached as Exhibit No. 3. RECOMMENDATION: Hold a public hearing and approve the applicant's request by adopting the draft Resolution and conditions contained in Exhibit No. 1, r [5 IMPAC Office Building July 17, 2003 Page 2 DISCUSSION: As noted above, the applicant proposes to renew the previously- approved project with no substantial changes. As originally approved, the addition was to consist of 26,122 square feet of office space in addition to the existing 75,000 square feet already existing on the site. The actual new addition at this time is proposed to be 26,155 square feet, but the existing office building consists of 73,194 square feet. The original analysis for the project in 1998 was for a total office floor area that was 773 square feet more than shown by the current plans. The design and location of the new addition is substantially the same as the original proposal. Therefore, staff has determined that the project is not a significant deviation from the project approved in 1998. VICINITY MAP z IMPAC Office Building July 17, 2003 Page 3 Analysis The project is located within the Newport Place Planned Community (PC -11) and is consistent with the development standards of the PC text, with the exception of the parking requirement, which is discussed under separate heading below. Traffic Phasing Ordinance In accordance with the City Traffic Phasing Ordinance (TPO) a traffic study was prepared and processed for the original project proposal in 1998. That study identified nine intersections that could be impacted by the proposed project, and concluded that eight of the intersections fall below the one percent annual traffic growth criteria of the TPO and, therefore, do not require additional analysis. One intersection exceeded the one percent criteria: Campus Drive and Dove Street, thereby requiring additional evaluation. The results of the study concluded that the Campus/Dove intersection would continue to operate at the same level of service (LOS) as currently exist, and that overall the project would result in no marginal impact on area intersections and no intersection improvements would be required. An updated Traffic Study was prepared in January of this year for the project and concludes that the Campus/Dove intersection will operate at LOS 'B" or better. (Note: the original analysis concluded that the Campus/Dove intersection would operate at LOS - "D" or better. An error in existing traffic count data used for the 1998 Study resulted in the lower LOS - revised existing traffic counts used in the 2003 Study was rechecked and verified, and resulted in the significantly better LOS). The overall conclusion of the revised Traffic Study remains the same as the original analysis: 'The proposed project has no significant impact on the study intersections under cumulative conditions, and no intersection mitigation measures are required." The revised Traffic Study is included as Attachment 2 to this Staff Report. Parking Modification The original proposal included a Modification Permit to authorize a reduction in the parking requirement. The Newport Place Planned Community Development Standards require the provision of parking for office uses at a ratio of 1 space for each 225 square feet of net floor area. Those Development Standards also provide that the parking ratio may be reduced to 1 space for each 250 square feet upon approval of a Modification Pennit. The existing 6 -story office building provides the parking ratio of 1 space per 225 square feet. However, as proposed, the addition of 26,155 square feet will result in less parking per building area. A parking ratio of 1:225 requires 442 spaces; and a parking ratio of 1:250 requires 398 spaces. The project proposes to provide 406 spaces, which is 36 spaces less than the 1/225 ratio, but is 8 spaces over the 1/250 ratio. As noted in the original 1998 staff report to the Planning Commission, the Zoning Code standard for business and professional offices is 1 space per 250 square feet of net floor 11 IMPAC Office Building July 17, 2003 Page 4 area and most office development in the City has been developed under that standard. The 1998 staff report also noted that there have been Modification Permits approved for various office developments within the Newport Place Planned Community using the 1/250 standard. Those projects have no apparent parking problems. The parking proposed by the applicant is 406 spaces, which results in a parking ratio of 1 space per 245 square feet. Staff conducted a field observation of the site during late morning on a week day and observed a total of 274 parked vehicles. The proposed use is an expansion of the existing corporate offices, and will result in an approximate 36% increase in net floor area. Assuming a corresponding 36% percent increase in parking, it is probable that the parking could increase to 373 spaces, which would still leave a 33 -space surplus. Given the existing Zoning Code 1/250 standard, the parking modifications granted in the area, and actual field observations, it is staff's opinion that the applicant's request for a decrease in the parking is reasonable. Even though the 1/250 standard results in 8 spaces less than proposed by the applicant, staff recommends that the approval be based on the applicant providing parting at the 1/250 rate in the event that future requirements for handicapped parking or other future parking code requirements require the revision to the parking lot resulting in a loss of parking spaces. Conclusion In conclusion, staff believes that the Traffic Study demonstrates that the provisions of the TPO have been met in that the project will not result in adverse traffic impacts on surrounding intersections. In addition, in staff's opinion the parking modification is reasonable and will not . result in a parking deficiency on the site. Therefore; staff recommends that the Traffic Study and Modification Permit be approved. Environmental Review: A Mitigated Negative Declaration was prepared, processed and approved for the original project. Staff has determined that the project as currently proposed is substantially in compliance with the originally- approved project, and that no additional impacts will occur. An updated traffic analysis was prepared for the project and concluded that the traffic impacts on surrounding intersections will be the same or less than originally estimated. In addition, since the approval of the original Mitigated Negative Declaration in 1998, new requirements have been added with respect to water quality management. Standard conditions have been incorporated into the draft resolution with respect to the water quality issues. Therefore, given the mitigation measures outlined in the original environmental analysis, the inclusion of those mitigation measures as conditions of approval for the proposed project, and the inclusion of the additional water quality related conditions, the original Mitigated Negative Declaration will suffice as the required CEQA documentation for this project. 1� IMPAC Office Building July 17, 2003 Page 5 Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Alternatives: The Planning Commission has the option to deny the request, in which case it would be appropriate to offer findings for denial. The Commission also has the option to approve a modified project. Prepared by: William Cunningham Contract Planner Exhibits: Submitted by: Patricia L. Temple Planning Director R to EXHIBIT NO. 3 Excerpt of minutes from July 17, 2003 M Planning Commission Minutes 07/21/2003 0 Page 10 of 16 re ' ion of Condition No. 27 by adding language at the end of the first sente e. The first sentence currently reads, "After hours lighting is limited ecurity lighting..." Commissioner Kiser proposed that they add, "...exce that the existing lighting in the seven light standards along the Coas ighway frontage of the property may be illuminated until midnight se days a week." Commissioner Kiser stated he would like the reco to reflect that the signage shown on the submitted plans is not a of the application tonight and that is not being approved in his motion. Commissioner Selich said he w d support the application but wanted to make one comment the applicant's benefit. Commissioner Selich noted that he lives wn the street on Bayside Drive, just outside the area where the emplo s are parking, and goes by there every morning about the time the emp ees are coming out and to inform the General Manager there .will be s eone driving by all the time therefore not to let up on the condition in s onths or so. Ayes: Eaton, Cole, McDaniel, Selich and Kiser Noes: None Absent: Toerge and Tucker Abstain: None SUBJECT: Richard Martin, authorized agent for the property owner, ITEM NO. 5 Davis PA2003 -120 Partners, LLC 1401 Dove Street Approved (PA2003 -120) Request to approve a Traffic Study in accordance with the City Traffic Phasing Ordinance (TPO) in order to construct a two -story office building consisting of 26,155 square feet on a site with an existing six - story office building. The application includes a request for a Modification Permit to authorize a reduction in the parkin requirement. Upon query from the Chairman, Ms. Temple reported that staff had no more information to add. The applicant was not present. Public Hearing Opened Public Closed [Motion was made by Commissioner Selich to approve the traffic study for IMPAC Office Building (PA2003 -001). file: //F:\ USERS \PLN\ Shared\ Planning %20Commission \2003PC \0717.htm 08/22/2003 �3 Planning Commission Minutes 07/21/2003 Page 11 of 16 Eaton, Cole, McDaniel, Selich and Kiser None Toerge and Tucker None City of Newport Beach I ITEM NO.6 Housing Element (PA2003 -130) PA2003 -130 nee with the State of California General Plan and Zoning Recommended to City of Newport Beach has prepared a Draft Housing City Council for The Element is an update and re- format of the existing Approval ement and includes updated Regional Housing Needs tgures as mandated by State Law. or Planner amara Campbell noted that this item was continue i the last mee 'ng in June and proceeded to bring the Commissic to date. Ms. ampbell commented that she received son ments and ones 'ons from Commissioner Selich and had son iponses to several ol\his questions. In addition, Ms. Campbell sa at staff gave a prose nt ion to the General Plan Advisory Commitb io also had some commeetts and questions, which she included in tl eff report for review. Als Ms. Campbell said that they received ;ter from Mr. Basye, who is he vice president of AERA Energy, of the owners of Banning Ranchich she included in the staff repo well as the City's response to comments. Campbell said, in response toNmmissioner Selich's questio research with the Center for De graphic Research at Cal Ste Merton. Specifically Commissioner �elich was interested in danation for the demolition adjustmenVgure that we show on pa of the Housing Element. Dr. William G ke, who is the senior st mber at the Center, explained that the emolition adjustment marily a replacement need calculation, hich is derived fri !vious data on County wide trends and assu tions that a cert� tuber of housing units will be lost either from c version to anotl some will be demolished, some may be destro d by disaster a no will be condemned. Ms. Campbell said th the South( lifornia Association of Governments (SLAG) gives he County imate for what they perceive they think will be an a imated to !n they ascribe a certain percent that is based on the t al housi )ply. If SCAG determines that two percent of the Cou ty's to using is projected to be lost or in need of replacement, ' ies o nded down that two percent for their existing housing stock tb nolition adjustment. Campbell said that Commissioner Selich had a question on A file: //F: \USERS\PLN\ Shared\ Planning %20Commission\2003PC \0717.htm N 08/22/2003