Loading...
HomeMy WebLinkAbout01/07/1988COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: January 7, 1988 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Present x x x x x x x All Commissioners were present. EX- OFFICIO OFFICER PRESENT: Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of December 10, 1987: Minutes of 12 -10 -87 Motion x Motion was made and voted on to approve the December 10, Ayes 1987, Planning Commission Minutes. MOTION CARRIED. Public Comments: Public Comments No persons came forth to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda William Laycock, Current Planning Manager, stated that the Planning Commission Agenda was posted in front of City Hall on Thursday, December 31, 1987. Request for Continuance: Request for Continuance William Laycock, Current Planning Manager, stated that the applicant, Ralph Furra, has requested that Item No. 7, Use Permit No. 3065 (Amended), regarding Woody's Wharf Restaurant, be continued to the Planning Commis- sion Meeting of February 4, 1988. on x Motion was made and voted on to continue Item No. 7, Use Ayes Permit No. 3065, to the February 4, 1988, Planning Commission Meeting. MOTION CARRIED. COMMISSIONERS q Z 'oN � �G�t� Z C�y CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROLIMCALL INDEX Exception Permit No. 29 (Amended) (Discussion) Item No.l Request to amend a previously approved exception permit EP No.29(A) which permitted the installation of a fourth wall sign on the existing Bank of Newport Building located in the Approved C -1 District. Said approval also included the enlarge- ment of one existing ground sign as a multi- tenant sign which identifies secondary tenants in the building. The proposed amendment involves a request to permit the installation of an additional ten square feet to the fourth permitted wall sign, which will bear the Merrill Lynch logo. LOCATION: Parcel No. 1 of Parcel Map 152 -28, 29 (Resubdivision No. 659), located at 2101 East Coast Highway, on the southerly side of East Coast Highway, westerly of Avocado Avenue, adjacent to Irvine Terrace. ZONE: C -1 APPLICANT: Bank of Newport /Merrill Lynch Realty, Newport Beach Mr. John Howensteine, appeared before the Planning Commission on behalf of the applicant. He stated that the applicant concurs with the findings and conditions in Exhibit "A ". Motion X Motion was made and voted on to approve Exception Permit All Ayes No. 29 (Amended) subject to the findings and conditions in Exhibit "A". MOTION CARRIED. FINDINGS: 1. That the proposed sign will be compatible with surrounding land uses. 2. That the proposed sign will not have any sig- nificant environmental impact. 3. That the proposed signage and graphics are consis- tent with the character and design of the building. 4. That the total square footage of all wall signs is well below the maximum permitted. • 5. That the sign will be oriented towards East Coast Highway and will not affect the adjoining residen- tial area. -2- COMMISSIONERS mG9�nZZ 16 �T'yo9t AM Z x Z r ;qZ CITY OF NEWPORT BEACH MINUTES January 7., 1988 ROM 'CALL INDEX 6. That the approval of this .exception permit is consistent with the intent of the previously established conditions of approval for Use Permit No. 1857 concerning the protection of the adjoining residential area from light and glare generated from the subject property. 7. That the granting of this exception will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detri- mental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improve- ments in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved site plan and elevations. 2. That the applicant shall obtain a building permit for the proposed sign prior to its installation. 3. That the illumination of the proposed wall sign shall be less intense than the existing illuminated wall sign facing East Coast Highway. Exception Permit No. 31 (Discussion) Item No.2 Request to permit the installation of two wall signs for EP No-31 a single business in a multi - tenant building located in the C -1 District whereas the Zoning Code limits the Approved number of wall signs in a multi- tenant building to one per business. LOCATION: Lot 5, Resubdivision of Block 9 of the Balboa Tract, located at 307 Main Street, on the southwesterly corner of Main Street and Edgewater Place, in Central Balboa. ZONE: C -1 APPLICANT: Nissim Teshuva, Balboa • OWNER: R. W. Hannaford, Balboa 3 COMMISSIONERS Zm ���m9�AA 9�m9t 9� CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROL CALL INDEX Motion X There being no one to appear before the Planning All Ayes Commission on behalf of the applicant,.a motion was made to approve Exception Permit No. 31 subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed signs will be compatible with surrounding land uses. 2. That the proposed signs will not have any signifi- cant environmental impact. 3. That the proposed signage and graphics are consis- tent with the character and design of the building: 4. That the total square footage of all wall signs is well below the maximum permitted. 5. That the granting of this exception will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detri- mental to the health, safety, comfort or general welfare of persons residing.in the neighborhood, or detrimental or injurious to property or improve- ments in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved site plan and elevations. 2. That the applicant shall obtain a building permit for the proposed signs prior to its installation. Resubdivision No. 860 (Public Hearing) Item No.3 Request to permit the resubdivision of an existing lot R860 into a single parcel of land so as to permit the construction of a 3 unit residential condominium development on property located in the R -4 District. ZONE: R -4 APPLICANTS: Frank and Patricia Hlifka, Whittier -4- COMMISSIONERS ymG�\Xn\ y CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROL CALL INDEX OWNERS: Same as applicants Approved ENGINEER: Alpine Consultants, Inc., Costa Mesa Discussion ensued for clarification regarding the subject application requesting three units on a 4,200 square foot lot as opposed to a previous application requesting three units on a 3,000 square foot lot. The purpose of the discussion was in reference to a poten- tial amendment to the Zoning Code that would require a density of one dwelling unit for each 1,200 square feet of lot area in the R -4 District on the Balboa Peninsula. The public hearing was opened in connection with this item, and Mr. Todd Schooler, 503 - 32nd Street, appeared before the Planning Commission on behalf of the appli- cants. Mr. Schooler stated that the applicants concur with the findings and conditions in Exhibit "A ". He further stated that the project will provide seven parking spaces on -site. In response to a question posed by Commissioner Debay • regarding curb cuts, Mr. Schooler explained that Vilelle Place is similar to an alley and that the driveways are off of Vilelle Place which has no curb cuts. Mr. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. In response to Mr. Sofer's questions regarding why staff submitted an Exhibit for Approval and not an Exhibit for Denial, Mr. Laycock explained that the subject application meets all of the specifications of the Subdivision Code and the Zoning Code. Mr. Laycock commented that there were no feasible findings for denial. Mr. Sofer stated that there should be more specific findings as to why a project should be approved or denied. There being no others desiring to appear and be heard, the public hearing was closed at.this time. Motion X Motion was made to approve Resubdivision No. 860 subject All Ayes to the findings and conditions in Exhibit "A ". Motion was voted on, MOTION CARRIED. FINDINGS• 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. -5- COMMISSIONERS y�G9Z D"aoyP� �TyQmgs. Ash C X92 CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROLTWCALL INDEX 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be recorded prior to occupancy. 2. That all improvements be constructed as required by. Ordinance and the Public Works Department. 3. That each dwelling be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That all vehicular access to the property be from • the adjacent alley (Vilelle Place) unless otherwise approved by the Public Works Department. 5. That County Sanitation District fees be paid prior to issuance of any Building Permits. 6. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of ap- proval, unless an extension is granted by the Planning Commission. Use Permit No. 3301 (Continued Public Hearing) Item No.4 Request to permit the establishment of a take -out UP3301 restaurant with a take -out window and incidental seating which specializes in freshly squeezed juices, cappuccinos, shakes and fruit bowls on property located in the "Retail Service Commercial" area of the Cannery Village /McFadden Square Specific Plan Area. The proposal also includes a request to waive a portion of the required off - street parking spaces and a modifica- tion to the Zoning Code so as to allow a reduced parking aisle width in conjunction with wider than normal • parking spaces. LOCATION: Lot 1, Block 130, Lake Tract, located at 3014 West Balboa Boulevard, on the -6- COMMISSIONERS y 00 �m 9y �� CC sy a 9y CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROLTFCALL INDEX northeasterly side of West Balboa Approved Boulevard, between 31st Street and 32nd Street, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: California Squeeze, Newport Beach OWNER: Russ Fluter, Newport Beach Commissioner Winburn stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item, and Mr. Mark Winburn, 1612 Cornwall Lane, appeared before the Planning Commission on behalf of the appli- cants. Mr. Winburn reviewed the application, and he pointed out that the applicants had previously contacted and received 60 signatures from the adjacent neighbors in support of the take -out restaurant. Mr. Winburn stated that the take -out restaurant intends to service customers who live, work, and visit the area and that the applicants intend to discourage the take -out restaurant as a local hangout or as a destination point; therefore, very little traffic or trash problems are anticipated. Mr. Winburn stated that the applicants are recommending that Exhibit "B ", the findings and conditions for approval, be approved with the following exceptions: In reference to Condition No. 21 requesting "that a right - of -way be dedicated to the public for street and highway purposes along the West Balboa Boulevard frontage prior to the issuance of any building permits ", Mr. Winburn stated that the applicants would give up the leasehold- ers' interest to the right -of -way in exchange for conditional changes to Condition No. 12 requesting one restroom for each sex and Condition No. 15 requesting a masonry wall. Mr. Winburn explained that because the take -out restaurant is limited in size, the two restroom requirement be waived. He further explained that because of the expense of the masonry wall which would not blend into the neighborhood, the applicants have suggested that a redwood fence be constructed. In response to Commissioner Debay's questions regarding the floor plan showing access to the restroom, Mr. Winburn replied that the applicants have redesigned the corridor leading to the restroom for easier access; -7- COMMISSIONERS �G � 9N �p� goy 160 C` �o 9y CITY OF NEWPORT BEACH MINUTES January '7, 1988 RO CALL INDEX therefore, the customers would not be entering the food preparation area. In response to questions posed by Chairman Pers6n, Mr. Winburn replied that the applicants would have to make major improvements to the structure if the restroom and the office areas would be switched. Chairman Pers6n suggested that the hallway provide direct access to the restroom. In response to questions posed by Commissioner Di Sano regarding the aforementioned petition not addressing attention the parking concerns and staff's recommen- dation for denial, Mr. Winburn replied that one of staff's concerns was that the residents would not support a take -out restaurant in the neighborhood, and that the applicants did inform the neighbors regarding the parking. Mr. Winburn commented that the neighbors have shown their support for the take -out restaurant. Commissioner Di Sano referred to a .letter from Theresa C. Morrison, Cagney Enterprises, dated January 7, 1988, regarding Lucky Shopping Center's concerns regarding parking. Mr. Winburn replied that the private parking lot would not be used because the majority of the customers in the summer would be walking, and during the winter months the majority of the restaurant's business would consist of commercial deliveries to other restaur- ants in the area. Mr. Winburn stated that the use permit could come back to the Planning Commission for future review, and if there would be problems regarding the take -out restaurant, then the Planning Commission would have the right to revoke the Use Permit. Chairman Pers6n stated that a major concern is that the use permit runs with the land, and that if there is a change of restaurant use, that there would not ,be a control on the use permit. He suggested that on each anniversary date of the use permit, the applicant submit a declaration that would state that the operational characteristics and the types of food being served have not changed. Carol Korade, Assistant City Attorney, suggested that a finding could be made that would restrict the operational characteristics of the take -out restaurant. Mr. Michael Samen, 211 Walnut Street, applicant, appeared before the Planning Commission. In response to a question posed by Commissioner Koppelman, Mr. Sam en replied that the bakery food sold would be baked goods that have been purchased from other bakeries. -8- COMMISSIONERS dG"ny�9woy � �yyoy�, C l CITY OF NEWPORT BEACH MINUTES January 7., 1988 ROL CALL INDEX Commissioner Debay referred to Condition No. 11 which states "that no cooking or preparation of food other than beverages, shakes, fruit bowls and other food items discussed in the application shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date." In response to Chairman Pers6n's concerns regarding stoves and ovens, Mr. Samen stated that there would only be a microwave oven on the premises. Mr. Laycock referred to Condition No. 12 regarding the two restrooms, and he stated that the condition is a requirement of the Uniform Building Code based on the number of seats in a restaurant. He suggested that the condition be amended to state "...,unless otherwise approved by the Building Department. ", which would allow the applicant the right to discuss the matter with the Building Department. In reference to Condition No. 15 regarding the masonry wall, Mr. Laycock explained that the Restaurant Or- • dinance requires that a six foot high wall surround a take -out restaurant. In reference to aforementioned Condition No. 11, Mr. Laycock explained that if the ap- plicants amended the use permit, the amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. In response to a question posed by Chairman Pers6n, Mr. Laycock explained that staff is recommending that the wall not be constructed along the southeasterly side property line because of access to the carports on the adjoining property; therefore, the Planning Commission would be required to waive a portion of the wall. Mr. Winburn reappeared before the Planning Commission, and he explained that because of the variable height of the subject property to the adjacent shopping center, a six foot fence is requested so as to restrict the people from climbing over the wall. Mr. Arthur Bauman, adjacent neighbor to the subject property, appeared before the Planning Commission. He stated that he supports the application, and that he would not object to a fence along the southeasterly side of the property line if the fence did not interfere with his ability to use the carports; however, he said that • he did have a concern about public parking on his property without a fence. -9- COMMISSIONERS MINUTES �q 0 �D ONO�d� January '7, 1988 B Z Z QA 9 9 CITY OF NEWPORT BEACH. ROLTFCALL INDEX Discussion followed regarding Mr. Bauman's previous discussions with staff regarding the construction of a fence. Mr. Bauman explained that he had a concern that a wall against his property would restrict his ability to use the carports; however, he said that the applicant has indicated that such a fence would be located so that it would not interfere with the carports. Mr. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. Mr. Sofer suggested less "net public area" in the take -out restaurant facility if the Planning Commission were considering denial because the required parking spaces were not available, and that the applicants could return At a later date to request additional parking spaces. He stated that he has concerns regarding the required number of parking spaces for take -out restaurants as opposed to sit -down restaurants, and the specific requirement for a masonry wall. Chairman Pers6n explain- ed that the Zoning Code requires that a masonry wall surround take -out restaurants unless waived by the Planning Commission. In reference to street dedication, • Mr. Sofer contended that there are no findings to base the requirement, and he questioned the legalities of the requirement. In reference to his concerns regarding the findings regarding on -site parking, Commissioner Debay commented that there is a finding for approval regarding parking (Finding No. 2). Chairman Pers6n inquired if it would be Mr. Sofer's opinion that a finding is necessary regarding dedication if the applicant agrees to dedi- cate? Mr. Sofer replied that the applicant could be of the opinion that unless the applicant approved the dedication the application may not be approved. Don Webb, City Engineer, commented that the area directly in front of the subject site is at the inter- section of a crosswalk and that there is a need for an additional walkway to accommodate the increased pedes- trian uses that would be created at the take -out res- taurant. He suggested that the Finding state "That the proposed use increases pedestrian traffic at a location where the sidewalk is narrow and at the intersection of a crosswalk." Mr. Patrick Garrett, 124 - 31st Street, appeared before the Planning Commission in support of the application. He commented that the take -out restaurant is within walking distance of many residents, that the applicants will be serving healthy food, and that they will maintain the trash created by the take -out restaurant. -10- COMMISSIONERS \304171rrlrl,�Voko _ �O • G 9 0 � m 9 ' t CITY OF NEWPORT BEACH MINUTES January 7, 1988 R CALL INDEX Mr. Joel Betonte, 3008 West Balboa Avenue, appeared before the Planning Commission. He recommended that the use permit be conditioned so as to limit the use, and not be transferred to new owners. Chairman Pers6n commented that a change in use similar to a take -out restaurant would not be in the best interest of the neighborhood. Mr. Tim Kane, 205 Walnut Street, appeared before the Planning Commission. Mr. Kane stated that he was acquainted with the applicants, and that they would be sensitive to maintaining and controlling the area. Mr. Sid Sofer reappeared before the Planning Commission. Mr. Sofer objected to Mr. Webb's aforementioned recom- mended finding. Mr. Russ Fluter, 3008 West Ocean Front, property owner, appeared before the Planning Commission. Mr. Fluter stated that he would not object to Condition No. 21 regarding the dedication if the City would not take too much of his property. In response to a question posed by Chairman Pers6n, Ms. Korade replied that the Planning Commission could deny the application if there would not be adequate access for pedestrians, and that the applicant would be responsible to provide a solution. She explained that the Planning Commission cannot impose a requirement on the property owner unless the property owner consents because he is not before the Planning Commission. Chairman Pers6n indicated that Mr. Fluter consented to Condition No. 21 subject to a drawing that was submitted to him by Mr.-Webb. Mr. Fluter requested landscaping be required in front of the subject building. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3301 subject to the findings and conditions in Exhibit "B ", including the following modifications: add Finding No. 7 as previously suggested by Mr. Webb; add Finding No. 8 as submitted by the Planning Commission to Ms. Korade and agreed to by the maker of the motion: "The proposed use is not a typical destination type restaurant. The specific operational characteristics of the restaurant will not have a detrimental impact on the parking or surrounding uses. Other restaurants or uses on the site may be detrimental to the health, safety, peace, morals, -11- COMMISSIONERS so 0 °'w °gym m '+' 99gA99 G�y��oy9�C srlvtlto�� CITY OF NEWPORT BEACH MINUTES January 7, 1988 . R ALL INDEX comfort and general welfare of persons residing or, working in the neighborhood or be detrimental or injurious to property improvements in the City or the general welfare of the City. "; and aforementioned amended Condition No. 12 as suggested by Mr. Laycock. Commissioner Debay suggested that Condition No. 15 be amended to state that a redwood fence be constructed in place of the masonry wall, and that it be constructed along the southeasterly property line but not to obstruct vehicular access to the carports on the adjoining property. Discussion ensued regarding the . exact location of the fence to the adjacent property, and Chairman Pers6n concluded that the condition should further state "if deemed feasible by the Public Works Department in conjunction with the adjoining property owner." Commissioner Pomeroy suggested that Condition No. 12 be amended to state that in the event the Building Depart- ment approves a single restroom that direct .access from the public area be provided. The maker of the motion concurred with the recommendation. Chairman Pers6n referred to Condition No. 11 regarding the cooking and preparation of the food, and he sug- gested that the condition be amended to state that no stoves or ovens, excluding microwave ovens, be per- mitted. The maker of the motion concurred with the suggestion. In reference to Condition No. 21, Mr. Webb suggested_ that the condition be amended to state "that the Public Works Department will work with the applicant and the property owner to relocate the existing stairs outside of the new right -of -way, and to provide space for landscaping across the front of the property. Commis- sioner Debay concurred with the recommendation. Commissioner Koppelman stated that she had concerns regarding the three on -site parking spaces that would be provided inasmuch as the employees would be using the parking spaces. She explained that many customers will be walking to the take -out restaurant, but if. there would be congestion in the area, the parking could Substitute.- overflow into the adjacent parking lot. Substitute Mn. x motion was made to deny Use Permit No. 3301 subject to the findings in Exhibit "A ". Chairman Pers6n stated that he has concerns that the use permit could be transferred to a different type of -12- COMMISSIONERS MINUTES o- �Fm January 7, 1988 d'+Y9N9'OAF F G9�9 0 �f 11-Vto ` CITY OF NEWPORT BEACH ROW CALL INDEX operation that may not be workable for the subject site. He inquired if a condition could be added to make it more difficult to transfer the use permit to another party or to another type of restaurant? He asked if the conditions of approval could be recorded against the property? Ms. Korade concurred; however, she explained that it would be difficult to restrict a change in ownership when there is no change in operational characteristics. She suggested that a condition could be added to require that the new owner submit a report showing the menu and method of operation. Ms. Korade commented that it would be difficult to restrict a transfer of ownership. Chairman PersGn requested that Condition No. 24 be added which would state "that the operator of this restaurant shall submit to the Planning Department on every anniversary date of the subject Planning Commission meeting, a declaration under penalty of perjury that the operation of the restaurant has not changed substantially in terms of what is being served." Commissioner Debay concurred with the amendment to the motion. Ms. Korade agreed to said condition. . Commissioner Di Sano referred to the substitute motion, and he stated his concerns regarding the parking, and the on -site loading and unloading. He pointed out that Condition No. 22 states that the use permit could be called up by the Planning Commission. He explained that he would support the substitute motion to deny the use permit but that he could approve the use permit based on the amendments to the motion. Chairman PersGn stated that he would not support the substitute motion. He pointed out that as a resident of the area, he. is aware of the parking problem; however, the pedestrian, customers could support the take -out restaurant. He stated that he had concerns for the restaurant during the winter months. Commissioner Pomeroy pointed out that the dedication to the right -of -way in a commercial area could benefit the public as opposed to the requirements for dedication in a residential area.. He pointed out the number of supporters for the take -out restaurant. He said that he would not support the substitute motion. Ayes x x x Substitute motion was voted on to deny Use Permit No. Noes x x x 3301 subject to the findings in Exhibit "A ". MOTION *t. x FAILED. Ayes x x x Motion was voted on to approve Use Permit No. 3301 Noes. x x subject to the findings and conditions in Exhibit "S" as Absent -13- COMMISSIONERS AGE➢ 9N L*\, 9y9 o CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROL CALL INDEX amended: add Findings No. 7 and No. 8, amend Conditions No. 11, No. 12, No. 15, No. 21 and add No. 24 as previously stated. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan and is com- patible with surrounding land uses. 2. That the waiver of the take -out restaurant develop- ment standards as they relate to a portion of the required parking and walls, landscaping, and utilities, will be of no further detriment to adjacent properties inasmuch as the proposed take - out restaurant is located in an existing developed site which is not conducive to such standards. 3. That the proposed use of the property for a take- out restaurant will not conflict with any easements acquired by the public at large for access through • or use of property within the proposed development. 4. That the Police Department has no objections with the proposed development. 5. The approval of a modification to the Zoning Code so as to allow the use of a reduced parking aisle width in conjunction with wider than normal parking spaces will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 6. The approval of Use Permit No. 3301 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. • 7. That the street dedication is needed inasmuch as the proposed use increases pedestrian traffic at a -14- COMMISSIONERS yA 0` q GZZ Z lr! l vy CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROL CALL INDEX location where the sidewalk is narrow and at the intersection of a crosswalk. 8. The proposed use is not a typical destination type restaurant. The specific operational characteris- tics of the restaurant will not have a detrimental impact on the parking or surrounding uses. Other restaurants and uses on the site may be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property improvements in the City or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved site plan and floor plan except as noted below. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from West • Balboa Boulevard. The required trash enclosure shall be constructed with six foot, high masonry walls and a solid wood, self closing gate. 3. That the development standards pertaining to portions of the required parking (14 spaces) and walls, landscaping and utilities shall be waived. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code and that all other signs shall be removed from the site. 5. That the service of any alcoholic beverages in the take -out restaurant facility is prohibited unless an amended use permit is approved by the Planning Commission. 6. That the on -site parking, vehicular circulation shall be subject to further review and approval by the City Traffic Engineer. 7. That three parking spaces shall be provided on -site for the proposed take -out restaurant and that said parking shall be striped in accordance with a • parking plan approved by the City Traffic Engineer. 8. That all employees shall park their vehicles on- site. -15- COMMISSIONERS Z�G�y�.LNOy9!! sz;00� CITY OF NEWPORT BEACH MINUTES January 7, 1988 RO CALL INDEX 9. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 10. That all lighting in the on -site parking lot shall conform to the applicable conditions of Section 20.72.090 of the Newport Beach Municipal Code. 11. That no cooking or preparation of food other than beverages, shakes, fruit bowls and other food items discussed in-this application shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. No stoves or ovens, excluding microwave ovens, shall be per- mitted. 12. That one bathroom for each sex shall be provided and shall be made readily available to patrons of the facility during all hours of operation, unless otherwise approved by the Building Department. In the event that the Building Department approves a single restroom, direct access from the public area shall be provided. 13. That a trash compactor shall be in installed and maintained. 14. That the applicant shall make all required altera- tions to the existing structure so as to cause it to comply with all applicable Building Code requirements for a commercial building. All such alterations shall be done in conjunction with the issuance of a building permit and shall be com- pleted prior to the occupancy of the take -out restaurant. 15. That a 6 foot high redwood fence (reduced to 3 feet within 10 feet of the front property line) shall be constructed along the northwesterly side property line and along the rear property line. A 6 foot high redwood fence (reduced to 3 feet within 10 feet of the front property line) shall also be constructed along the southeasterly side property line, if said fence does not obstruct vehicular access to the carports on the adjoining property, and if deemed feasible by the Public Works Depart- ment in conjunction with the adjoining property owner. -16- COMMISSIONERS d 'AN �.pAA 9 9f, _ 9y9 �cly C��C,yyO CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROL CALL INDEX 16. That seating within the proposed take -out res- taurant shall be limited to a maximum of 13 stools at the proposed counters. 17. The hours of operation for the proposed take -out restaurant shall be limited between the hours of 7:00 a.m. and 10:00 p.m. daily. 18. That no outdoor seating area shall be permitted in conjunction with the proposed take -out restaurant unless an amended use permit is approved by the Planning Commission. 19. That all improvements be constructed as required by Ordinance and the Public Works Department. 20. That the subject take -out restaurant shall be operated in a manner compatible with the adjacent residential area. 21. That right -of -way be dedicated to the public for street and highway purposes along the West Balboa • Boulevard frontage prior to the issuance of any building permits. Said dedication shall encompass the full width of the property and will have .a variable depth from approximately ten (10) feet at the southeasterly side property line to approxi- mately zero feet at the northwesterly property line. And further, the existing stairs. which encroach into the dedication area shall be removed. (The Public Works Department will work with the applicant and the property owner to relocate the existing stairs outside the new right -of -way and to provide space for landscaping across the front -of the property.) 22. That the Planning Commission may add to or modify conditions of approval to this use permit or recom- mend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 23. That this use permit shall expire unless exercised within 24 months from the date of approval as . specified in Section 20.80.090 A of the Newport Beach Municipal Code. -17- COMMISSIONERS �G .p •o 4..FQO yd � ��N�'p\Ir� OgA 9�m9i GI a\ to CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROL CALL INDEX 24. That the operator of this restaurant shall submit to the Planning Department on every anniversary date of the subject Planning Commission meeting a declaration under penalty of perjury that the operation of the restaurant has not changed substantially in terms of what is being served. The Planning Commission recessed at 8:45 p.m. and reconvened at 8:53 p.m. A. Traffic Study (Public Hearing) Item No.5 Request to approve a traffic study so as to permit the TS construction of a 1,500 seat sanctuary and fellowship hall with related off - street parking on the Mariner's UP1726(A) Church property, located in Area 1 of the North Ford Planned Community. The proposal also includes a review Approved of a revised site plan which includes changes to the previously approved on -site circulation and access to the project from Bison Avenue; and the acceptance of an environmental document. AND B. Use Permit No. 1726 (Amended) (Public Hearing) A request from staff to amend the previously approved Use Permit No. 1726 which allows the construction of a church sanctuary, related church facilities, an elemen- tary school and extended day care facilities, an elementary school and extended day care facilities on the site, be further amended to address the need for additional off - street parking through the use of on -site compact parking spaces, and off -site parking on adjoin- ing or nearby sites.. LOCATION: Parcel 2 of Parcel Map 41 -27 (Resub- division No. 328), located at 1000 Bison Avenue, on the northeasterly corner of Bison Avenue and Jamboree Road in North Ford. ZONE: P -C • APPLICANT Mariner's Church, Newport Beach OWNER: Same as applicant -18- COMMISSIONERS y � F oA s �� 9y CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROL CALL INDEX William Laycock, Current Planning Manager, reviewed the application. He stated that a Parking Demand Study was requested with the Traffic Study inasmuch as parking problems may exist in the future as the church atten- dance increases. He explained that staff recommended that the applicants provide an Off -site Parking Agree- ment for additional parking spaces on the adjoining Toyota Motor Company property; however, he said that the applicants were only able to arrange an informal parking arrangement with Toyota Motor Company as currently exists between the two parties. Mr. Laycock requested that Condition No. 3, and Findings No. 5, No. 6, and No. 7 of Exhibit "A" be deleted inasmuch as they are in reference to an Off -site Parking Agreement. He explained that if there is a parking problem in the future that Condition No. 24 states that the Planning Commission may bring back the Use Permit for review. Mr. Laycock stated . that 506 parking spaces are proposed on -site for a sanctuary of 1,500 seats. He explained that the parking would be in excess of 1 parking space for 3 seats which is more parking than the Zoning Code currently requires. In response to a question posed by Chairman Pers6n regarding City's policy if the applicants lost their informal parking agreement with Toyota Motor Company, Mr. Laycock replied that staff would recommend that Mariner's Church provide additional church services and a longer time period between church services.. Mr. Laycock stated that staff would not recommend that a portion of the sanctuary be closed. He commented that inasmuch as Mariner's Church is located in a commercial area, there would be other opportunities to administer a parking agreement on another commercial site. The public hearing was opened in connection with this item, and Mr. Brian Norkaitis, 1807 Port Tiffan, appeared before the Planning Commission. Mr. Norkaitis stated that the applicants concur with the findings and conditions in Exhibit "A ". Ms. Anne Young, 128 Hartford Drive, appeared before the Planning Commission. Ms. Young opposed the application because the area has congestion, and parking problems. In response to a question posed by Commissioner Debay regarding the parking problems in the area, Ms. Young replied that the Bayridge Condominium Tract does not • have sufficient parking spaces for the visitors to park their automobiles. -19- COMMISSIONERS _ q2 CITY OF NEWPORT BEACH MINUTES January 7, 1988 RO ALL INDEX In response to questions posed by Commissioner Pomeroy, Ms. Young stated that the church members are parking their automobiles on Bison Avenue on Sunday mornings. Mr. Laycock replied that the automobiles are permitted to be parked on the street only on Sundays. Ms. Young stated that the proposed access road would be across Bison Avenue from the Bayridge gated entrance, that there would be noise from the school, and the residents would be viewing church rooftops. Mr. Laycock replied that the school currently located on the site was approved by the Planning Commission in April, 1987. Ms. Therese Lewis, 248 Hartford Drive, appeared before the Planning Commission stating her opposition to the application for the following reasons: that the traffic noise from Bison Avenue prohibits her from opening her windows; that the social events from the church are noisy; and that the church members park on Bison Avenue. In response to a question posed by Chairman Pers6n, Ms. Lewis stated that she was not aware that the Planning Commission had approved a larger sanctuary in 1974 than . • what is currently being proposed. Ms. Lewis pointed out that the environmental study states that the project will produce noise, glare, and obstruction of view. She commented that the residents' peace of mind and comfort will also be affected. Ms. Lewis requested that a new environmental study be conducted that would include the residential areas, and the proposed shopping center. In response to a question posed by Chairman Pers6n, Ms. Lewis replied that the noise disturbances have come from church social functions, and the church members meeting outside of the church on Sunday mornings. In response to a question posed by Commissioner Koppel - man, Ms. Lewis replied that the time of the noise has been between 7:00 p.m. to 8 :00 p.m., a few parties later in the evening, and the noise has been coming from inside the buildings. Commissioner Debay pointed out that the staff report refers to the Bayridge condominium tract, that the General Plan permits "Administrative, Professional, Financial, Commercial ", and "General Industrial" uses in the area, and she commented that a church would have a lessor impact to the neighborhood than those uses. • . Commissioner Pomeroy stated that the proposed expansion has been reduced from what the Planning Commission -20- COMMISSIONERS y� rlswripo� CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROL CALL INDEX approved in 1974. Ms. Lewis maintained that the proposed project would be an impact on the area. Mr. Jim Chronister, 47 Hartford Drive, appeared before the Planning Commission to state his concerns regarding the proposed expansion. He commented that his con- dominium faces Bison Avenue and that the proposed buildings may block his view; that automobile lights would be shining into his home; that the sun reflection from the church roofs would shine in his windows; and the installation of additional parking lot lights. Chairman Persdn stated that Condition No. 16 refers to the requirements of the light system. In response to questions posed by Commissioner Merrill, Mr. Chronister replied that his unit does not have a garage in front that would create a noise and light buffer to Bison Avenue. Mr. Chronister explained that he does not object to the current lights; however,, he said that his concern is regarding the proposed driveway lights of automobiles in the proposed driveway. • In response to questions posed by Commissioner Merrill, Mr. Webb replied that the proposed driveway has in- gress /egress. He explained the proposed grading of the driveway, and he said that the lights would shine across Bison Avenue but that he did not think that they would not elevate up to the Bayridge condominiums. In response to questions posed by Commissioner Debay, Mr. Chronister replied that if the proposed structures are built to a 50 foot height, he would lose 40 to 50 percent of his view. He commented that he has also heard noise from church events, which he has reported to the Police Department. In response to a question posed by Commissioner Debay, Mr. Webb explained that the grading of the church site is down 10 feet to 20 feet from Bison Avenue. Mr. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the Planning .Commission. Mr. Sofer suggested that Mariner's Church could administer a traffic plan that would transport church members. He further sug- gested that based on an average family of four members, the parking spaces be based on 1 parking space for each 4 seats. • Ms. Lewis reappeared before the Planning Commission. Ms. Lewis stated that the expansion could block her mountain view. Chairman Persdn explained that the -21 COMMISSIONERS yA \,*I\lr C ITY OF NEWPORT BEACH MINUTES January 7, 1988 ROMbALL INDEX Planning Commission does not protect private views; however, the Planning Commission attempts to condition projects so that they will aesthetically enhance the area. Ms. Lewis stated her concerns regarding the increase in school traffic, and she suggested that the access road be moved so as to ingress /egress to Camel - back Street instead of Bison Avenue. Mr. Webb explained why Camelback Street and Jamboree Road could not be connected to the access road instead of Bison Avenue. He further explained that Bison Avenue is a six lane . arterial highway on the Master Plan that has been designed to carry up to 40,000 automobiles a day, compared to the 5,000 automobiles that are currently travelling on Bison Avenue. In response to Ms. Lewis' concerns regarding the environmental document's statements relating to noise, Mr. Webb advised that the environmental documents for the Bayridge tract required the condominiums to.be sound attenuated to mitigate noise from Bison Avenue, and that if the residents are having a noise problem with their windows closed, not open, that they should contact the developer. Mr. Norkaitis reappeared before the Planning Commission. In response to questions posed by Commissioner Koppel - man, he replied that because the church is air condi- tioned, the windows and doors could be closed during indoor church activities. In response to a question posed by Commissioner Pomeroy, Mr. Norkaitis replied that the applicants would agree to • condition stating that the roofing material consist of • non -glare material. Commissioner Pomeroy inquired if the applicants would agree to a condition that would require the development of a traffic management program that would mitigate traffic congestion on Sundays? Mr. Norkaitis replied that the applicants have agreed to conditions that require additional time between church services, and an additional driveway. Commissioner Winburn and Mr. Laycock discussed the condition that was previously imposed on St. Andrews. Church requesting that the conditions in the use permit be reviewed periodically so as to reexamine the church parking and how the parking affects the adjacent residential area. 22- COMMISSIONERS Ank 9y CITY OF NEWPORT BEACH MINUTES January 7, 1988 RO ALL INDEX In response to questions posed by Commissioner Winburn, Mr. Norkaitis confirmed that evening activities will not expand beyond 8 :30 p.m. on Sunday, Wednesday until 9:00 p.m., and Thursday until 9:30 p.m.. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve the Traffic Study and Use Permit No. 1726 (Amended) subject to the findings and conditions in Exhibit "A" including the following modifications: Delete Findings No. 5, No. 6, No. 7, and Condition No. 3; add Condition No. 26 stating that all evening activities shall be conducted in buildings with the windows and doors closed; add Condition No. 27 stating that the buildings shall be constructed with a non -glare roofing material; add Condition No. 28 stating that the applicant shall provide information to the Planning Department regarding the use of the facilities in the event that a Traffic Management Program needs to be implemented six months after completion of the facility. Commissioner Pomeroy requested an amendment to the motion that would include Condition No. 29 which would state that the ingress /egress to Bison Avenue be constructed in a manner that would not allow automobile headlights to strike the residential windows in the Bayridge tract on the southerly side of Bison Avenue. The maker of the motion agreed to the added condition. The maker of the motion added Condition No. 30 stating that the buildings be sound attenuated to 55 dBA at the property lines. The public hearing was reopened at this time. Mr. Norkitias reappeared before the Planning Commission. He stated that the applicants concur with the aforemen- tioned added conditions to the use permit with the exception of Condition No. 26 regarding noise abatement. He explained that the church has social functions outdoors during the summer months, and he requested that the Planning Commission take this under consideration. The public hearing.was closed at this time. Commissioner Pomeroy amended aforementioned Condition No. 26 which would permit outdoor activities June 15 through September 15 until 9:30 p.m. The maker of the motion concurred with the amended condition. -23_ COMMISSIONERS ym �AN�9A'e'E 9 G9Z y << ,0 " vy CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROMFICALL INDEX Motion was voted on to approve the Traffic Study and Use Permit No. 1726 (Amended) subject to the findings and conditions in Exhibit "A" including the aforementioned deletions and additions to the Use Permit. MOTION All Ayes CARRIED. A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant environ- mental impact. B. Traffic Study: Approve the Traffic Study, making • the findings listed below: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S -l. 2. That the Traffic Study indicates that the project - generated traffic will not be greater than one percent on any leg of any of the critical intersec- tions. 3. 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. C. Use Permit No. 1726 (Amended) Findines: 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in • which the proposed project is located. -24- COMMISSIONERS �y9 oy CC ;o 9� CITY OF NEWPORT BEACH MINUTES January. 7, 1988 ROMOICALL INDEX 2. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 3. That adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 4. The proposed number of compact car spaces con- stitutes 25 percent of the parking requirement which is within limits generally accepted by the Planning Commission relative to previous similar applications. 5. Deleted. 6. Deleted. 7. Deleted. 8. The approval of Use Permit No. 1726 (Amended) will not, under the circumstances of this case, be • detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification to allow the use of compact parking spaces is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That all previous applicable conditions of approval of Use Permit No 1726 as approved on June 6, 1974 and amended on April 9, 1987, shall be fulfilled. 2. That the proposed development shall be in substan- tial conformance with the approved site plan, floor plans, elevations and sections, except as noted below. 3. Deleted. 4. That a minimum of 506 off - street parking spaces shall be provided on site. 5. That at least 45 minutes shall be provided between • the first and second service on Sunday mornings. -25- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROL CALL INDEX 6. That the required number of handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the hand- icapped at all times. One handicapped sign on a post shall be required for each handicapped parking space. 7. That the on -site vehicular and pedestrian circula- tion systems shall be subject to further review and approved by the City Traffic Engineer. 8. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 9. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 10. The grading permit shall include, if required, a • description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 11. An erosion, siltation and dust control plan, if re- quired, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 12. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 13. That erosion control measures deemed necessary shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. 14. That a landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation' of landscaping with the proposed construction schedule. (Prior to the • occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accor- dance with the prepared plan.) -26- COMMISSIONERS ZA m�f0� \Irr AcO^ ro 9Z Fm 9 CITY OF NEWPORT BEACH MINUTES January 7,1988 ROI. CALL INDEX 15. That landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 16. That the light system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed electrical engineer; with a letter from the engineer stating that, in his opinion, this requirement has been met. 17. That prior to the issuance of building permits, the Fire Department shall review the.proposed plans and may require an automatic fire suppression /sprinkler protection. 18. That the Fire Department access shall be approved by the Fire Department. 19. That any roof top or other mechanical equipment and • emergency power generators shall be screened from view. 20. Any construction on the site shall be done in accordance with the height restriction of said area (i.e. 50 feet) and shall apply to any landscape materials, signs, flags, etc., as well as struc- tures. 21. That all trash enclosures shall be screened from adjacent properties and streets. 22. That the entrance for the new driveway on Bison Avenue shall be designed to provide sight distance in accordance with City Standard 110 -L and that any street trees, shrubs, and landscaping shall be removed or trimmed as necessary to meet this requirement. 23. That .a sidewalk connection shall be provided from Bison Avenue to the new facility in the vicinity of the new driveway entrance. 24. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City ,Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, -27- COMMISSIONERS MINUTES MRS January 7, 1988 CITY OF NEWPORT BEACH R8WCALL INDEX safety, peace, morals, comfort, or general welfare of the community. 25. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 26. That all evening activities shall be contained within buildings with the windows and the doors closed, with the exception of the period between June 15 through September 15 until 9:30 p.m. . 27. That the buildings shall be constructed with a non- glare roofing material. 28. That the applicant shall submit to the Planning Department information regarding use of the facilities in the event that a Traffic Management Program needs to be implemented six months after completion of the facility. 29. That ingress /egress to Bison Avenue shall be constructed in such a manner that would not allow automobile headlights to strike adjacent residen- tial windows in the residential tract southerly of Bison Avenue. 30. That the buildings shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property lines. Use Permit No. 1527 (Amended) (Public Hearing) Item No.6 Request to amend a previously approved use permit which UP1527(A) permitted the expansion of the existing Edwards Theatre complex located in Newport Center, so as to add two Approved additional theaters with a total of 600 additional seats. Said approval also included: the approval of a new off -site parking agreement so as to provide 'a portion of the required off - street parking spaces in the Design Plaza parking area; the approval of an amended off -site parking agreement for the existing parking area located at the rear of the theater; and the approval of a modification to the zoning Code so as to allow the use of compact parking spaces. The proposed amendment • involves a request to consider a new off -site parking area across the street in Fashion Island, in place of the previously approved parking in Design Plaza. The -28_ COMMISSIONERS CITY OF NEWPORT BEACH MINUTES January 7., 1988 ROL CALL INDEX new proposal also reduces the scope of the project so as to include only one additional theater containing 250 seats and continues to use compact parking spaces in the proposed parking design. LOCATION: A portion of Parcel A of Parcel Map 25 -1 (Resubdivision No. 260), and Parcel No. 1 of Parcel Map 60 -36 (Resubdivision No. 454) (building site); and a portion of Parcel A of Parcel Map, 25 -1 (Resub- division No. 260), and Parcel No. 2 of Parcel Map 60/36 (Resubdivision No. 454) (off -site parking areas). ZONE: C -O -H APPLICANT: Edwards Theatres Circuit, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach William Laycock, Current Planning Manager, referred to • Condition No. 7 in Exhibit "A" which provides that "a permanent barrier at least 30 inches high shall be constructed between the off -site parking area in Fashion Island and the public sidewalk so as to encourage theatre patrons to 'cross at existing intersections." He stated that the applicants reviewed the application with the property owner, The Irvine Company, and that The Irvine Company responded that the suggested barrier would not be compatible with the surrounding landscap- ing. The Irvine Company suggested that mature shrubbery be planted so that an area would be created that would not allow pedestrians to walk through the hedge. Mr. Laycock stated that staff would have no objections to the recommendation and that Condition No. 7 be revised to state "that a continuous, permanent hedge at least 30 inches high shall be maintained between the off -site parking area in Fashion Island and the public sidewalk, so as to encourage the theatre patrons to cross at existing intersections." The public hearing was opened in connection with this item, and Mr. James Edwards, applicant, .appeared before the Planning Commission. Mr. Edwards concurred with the findings and conditions in Exhibit "A ". including amended Condition No. 7. In response to questions posed by Commissioner Merrill regarding the trash area adjacent to the theatre building, Mr. Glen Gellatly, architect, appeared before -29- COMMISSIONERS Sti .� N� �� •fQ,O�. min y�Gyy o9NOyyC��� o 9y CITY OF NEWPORT BEACH MINUTES January 7., 1988 ROL CALL INDEX the Planning Commission. Mr. Gellatly stated that the applicants would agree to enclose the trash area. Commissioner Debay questioned the adequacy of one additional ladies restroom for an added 250 seats. Mr. Gellatly explained that the largest ladies restroom is in the main theatre building, a second restroom is located in Theater No. 2, and a third ladies' restroom is proposed for Theater No. 3, in conformance with the Uniform Building Code. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 1527 (Amended) subject to the findings and conditions in Exhibit "A" including the aforementioned amended Condition No. 7, and added Condition No. 28 which would state that the current trash area shall be enclosed and covered. All Ayes Motion was voted on, MOTION CARRIED. FINDINGS: 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located. 2. That the Planning Commission has approved an environmental document in conjunction with its consideration of a previous project which permitted a 600 seat addition to the theatre facility. Inasmuch as all significant environmental concerns have been addressed in the previously certified environmental document and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with the proposed project, no further environmental review is required. 3. That the existing and proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 4. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. . 5. The off -site parking areas are located so as,to be useful to the proposed theatre use. -30- COMMISSIONERS �,o4�'Fa /aF y FFOgNm X vy CITY OF NEWPORT BEACH MINUTES January 7, 1988 ROL CALL INDEX 6. Parking on the subject off -site lots will not create undue traffic hazards in the surrounding area. 7. That the additional vehicular and pedestrian traffic generated by the expanded use increases the need to install a traffic signal at Newport Center Drive and San Miguel Drive and the need to have sidewalks connecting the theatre to the public street. 8. The approval of Use Permit No. 1527 (Amended) will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City; and further, that the proposed modification to the Zoning Code, so as to permit the use of compact size parking spaces for a portion of the required off- street parking, is consistent with the legisla- • tive intent of Title 20 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations except as noted in the following conditions: 2. That all conditions for Use Permit No. 1347 and Use Permit No. 1527 shall be null and void. 3. That amended off -site parking agreements shall be approved by the City Council, and be recorded in the County Recorder's Office, guaranteeing that the following off -site parking locations shall be provided to the subject theatre: a. Parcel A of Parcel Map 25 -1 (Resub- division No.. 260) located at the south- westerly corner of Newport Center Drive and San Miguel Drive. Said parking shall be for the exclusive use of the theatre And shall provide 205 parking spaces. • b. Parcel No. 2 of Parcel Map 60 -36 (Resub- division No. 454) located at the rear of the subject theatre. Said parking area shall provide a minimum of 45 daytime -31- COMMISSIONERS INIC m � CITY OF NEWPORT BEACH MINUTES January 7, 1988 R CALL INDEX parking spaces for midweek matinees and 349 nighttime parking spaces for the subject theatre. 4. That the mid -week daytime matinees shall be limited to a maximum of 1,250 seats, and that a minimum of 250 off - street parking spaces shall be required (i.e. one space /5 seats). 5. That a minimum of one parking space for each 3.3. seats (614 parking spaces) shall be provided for the subject theatres on weekday evenings beginning at 5:30 p.m., on Saturdays and Sundays and recog- nized holidays and that during such times the maximum number of theatre seats shall be 2,025 seats. 6. That the applicant shall provide on an informal basis, 60 parking spaces within the Fashion Island parking area located adjacent to and southwesterly of the intersection of Newport Center Drive and San Miguel Drive, •. f 7. That a continuous, permanent hedge, at least 30 inches high shall be maintained between the off - site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. 8. That the on -site vehicular and pedestrian circula- tion systems shall be approved by the .City Traffic Engineer. 9. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress. 10. That the applicant shall obtain the approval of a resubdivision or lot line adjustment so as to establish a legal building site for the proposed theatre addition, prior to the issuance of building permits. 11. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 12. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage -32- COMMISSIONERS ZAO A� �� �Q ON F� BG i i%rPov r ,1\ 9 9 9,t, 9y _ 2 CITY OF NEWPORT BEACH MINUTES January 7, 1988 RoMWCALL INDEX facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 13. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping programs designed to minimize impact of haul operations. 14. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of,the project design. 15. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineer- ing geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 16. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regular- ly trimmed and kept in a healthy condition. 17. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 18. That all access to the buildings be approved by the Fire Department. 19. That all improvements be constructed as required by ordinance and the Public Works Department. 20. That the displaced portions of sidewalk along the Newport Center Drive frontages and San Miguel Drive frontage be reconstructed and curb access ramps be constructed at the corner of Newport Center Drive and San Miguel Drive and the drive entrances off Newport Center Drive and San Miguel Drive. All work shall be completed under an encroachment permit issued by the Public Works Department. 21. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the Public Works improvements, if it . is desired to obtain a building permit prior to completion of the public improvements. -33- COMMISSIONERS vy CITY OF NEWPORT BEACH. MINUTES January 7, 1988 RdRKALL INDEX 22. That the applicant shall contribute 25 percent of the cost of installing a traffic signal at Newport Center Drive and San Miguel Drive prior to obtain- ing building permits. 23. That occupancy of the proposed theatre expansion shall not be permitted until the installation of the proposed traffic signal at Newport Center Drive and San Miguel Drive is completed. 24. That a sidewalk be constructed between the Newport Center Drive walk and the front of the theatre with location and design to be approved by the Public Works Department. 25. That the landscaping along San Miguel Drive shall be removed or trimmed so as to provide adequate sight distance from the driveway. on San Miguel Drive, in accordance with City Standard Plan 110 -L. 26. That the Planning Commission may add to or modify conditions of approval to, this use permit, or • recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 27. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Gode. 28. That the current trash area shall be enclosed and covered. Use Permit No. 3065 (Amended) (Public Hearing) Item No.7 Request to amend a previously approved use permit which UP3065(A) permitted th expansion of the existing Woody's Wharf Restaurant on property located in the "Recreational and Marine Commercial" area of the Cannery Village /McFadden Square Specific Plan Area. Said approval also allowed the purchase of in -lieu parking spaces for a portion of the required off - street parking and the approval of a modification to the Zoning Code so as to allow the use of a tandem parking spaces with a full time valet parking service. The proposed amendment involves: a -34- COMMISSIONERS q •oaN di dta y�G����a� q�9c _� CITY OF NEWPORT BEACH MINUTES January 7, 1988 R ALL INDEX " request to increase the "net public area" on the existing outdoor deck; to partially enclose said outdoor Continued deck area for dining purposes; to satisfy the additional to required off - street parking spaces through the purchase 2 -4 -88 of additional in -lieu parking spaces in the Municipal parking lot; and a request to allow the use of the outdoor deck until 2:00 a.m., whereas the existing use permit requires the use of the outdoor deck to cease at 11 :00 p.m. nightly. LOCATION: Lots 6,7, and 8, Block 223, Section A, Newport Beach, and a portion of Lot 2, Section 33, Township 6 South, Range 10 West, located at 2318 Newport Boulevard, on the northeasterly side of Newport Boulevard, between 23rd Street and 26th Street in the Cannery Village- McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Ralph Furra, Newport Beach • OWNER: Ruth Payne Smith, Corona Del Mar William Laycock, Current Planning Manager, stated that the applicant has requested that this item be continued to the February 4, 1988, Planning Commission meeting. Motion x Motion was made to continue Use Permit No. 3065 (Amend - All Ayes ed) to the February 4, 1988, Planning Commission meeting. Motion voted on, MOTION CARRIED. DISCUSS ION ITEMS Discussion Items Request to initiate an amendment to Title 20 of the No-1 Newport Beach Municipal Code so as to consider the adoption of regulations concerning the installation of Amendment amateur radio antennas. to NBMC INITIATED BY: The City of Newport Beach set for 2 -4 -88. Motion x Motion was made and voted on to set this item for public All Ayes hearing at the February 4, 1988, Planning Commission meeting. MOTION CARRIED. -35- COMMISSIONERS y�G�4 Daoy `� vo i ` ! $q2 CITY OF NEWPORT BEACH MINUTES January 7, 1988 RdWALL INDEX Take -Out Restaurants No.2 Discussion of what types of commercial uses constitute Take -out "take -out" restaurants. Restaurants The Planning Commission addressed concerns regarding the requirements for a small take -out restaurant as opposed to a large take -out restaurant, including the parking requirements, trash, variable uses, and customers. Chairman Pers6n suggested a motion to direct staff to bring back an amendment to the Zoning Code to the Planning Commission which would differentiate between a specialty. type take -out restaurant and a fast food restaurant, with particular emphasis given to conditions of approval which would give the City particular guidelines of enforcing a permitted specialty restaurant to another use. Assistant City Attorney Carol Korade suggested that an option would be to set up development standards for the • Modifications Committee and if the application goes beyond those development standards, then the application would go to the Planning Commission who would have.the right to waive said development standards. Chairman Motion x Pers6n stated that he would support Ms.. Korade's All Ayes suggestion into a motion. Motion was voted on. MOTION CARRIED. A D J 0 U R N M E N T: 10:10 p.m. Adjournment JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PIANNING COMMISSION -36-