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HomeMy WebLinkAbout02/21/1991COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 P.M. DATE: February 21, 1991 • CITY OF NEWPORT BEACH ROLL CALL INDEX Present * * * * All Commissioners were present. (Commissioner Edwards arrived at 7:33 p.m.) EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary t i Minutes of February 7. 1991: Minutes of 2 -7 -91 Motion Motion was made and voted on to approve the February 7, Ayes * * * * * 1991, Planning Commission Minutes. MOTION CARRIED. Abstain Absent Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, February 15, 1991, in front of City Hall. COMMISSIONERS February 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Request for Continuances: Request for Continuance James Hewicker, Planning Director, requested that Item No. 4, Use Permit No. 3086 (Amended), John Dominis Restaurant, applicant, and Use Permit No. 3409, Larry Levoff, applicant, property located at 2901 West Coast Highway, be continued to the Planning Commission meeting of March 7, 1991, so as to allow additional time for the applicants and staff to review the proposal. Motion * Motion was made and voted on to continue Item No. 4 to the Ayes March 7, 1991, Planning Commission meeting. MOTION Absent * CARRIED. x x x A. Use Permit No. 3408 (Public Hearing) tem No.1 Request to convert an existing duplex into a residential UP3408 condominium project on property located in the R -2 -13 District. x950 pproved AND B. Resubdivision No. 950 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for residential condominium purposes on property located in the R- 2 -13 District. LOCATION: Lot 62, Tract No. 1237, located at 405 - 407 Columbus Circle, at the southwesterly terminus of Columbus Circle westerly of Serra Drive, in Corona Highlands. ZONE: R -2 -13 APPLICANT: Ronald Centra, Corona del Mar OWNER: Same as applicant • -2- COMMISSIONERS .d � d,d c° q ' q • X01 February 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX ENGINEER: Duca- McCoy, Inc., Corona del Mar The public hearing was opened in connection with this item, and Mr. Ronald Centra, applicant, appeared before the Planning Commission. Mr. Centra concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3408 All Ayes and Resubdivision No. 950, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. A. Use Permit No. 3408 Findings: 1. That as conditioned, the project will substantially comply with all applicable standard plans and specifications, adopted City and State Building Codes, and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. That the project lot size conforms to the Zoning Code area requirements in effect at the time of approval inasmuch as the lot is in excess of 6,000 square feet in area. 3. That the project is consistent with the adopted goals and policies of the General Plan. That there are no residents in the existing duplex who are fixed income elderly tenants or handicapped. 5. That there are no tenants within the project whose income are below 120% of the County's median income. • -3- COMMISSIONERS February 21, 1991 MINUTES `po NO' 0 .4 CITY OF NEWPORT BEACH ROLL CALL INDEX 6. That the requirement for a minimum of thirty percent (30 %) of the existing tenants having expressed written interest in exercising their option to purchase a converted unit within the project at the price offered does not apply in this case inasmuch as one unit is owner occupied and the second unit is vacant. 7. That the nonconforming side yard setback has existed since 1961 and the encroachment will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the modification is consistent with the legislative intent of Title 20 of this Code. 8. That the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the project shall be in substantial conformance with the submitted site plan and floor plans, except as noted below. That all conditions of Resubdivision No. 950 shall be fulfilled. 3. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. • -4- COMMISSIONERS February 21, 1991 MINUTES O � �p� •• did CITY OF NEWPORT BEACH ROLL CALL INDEX B. Resubdivision No. 950 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 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. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded, and that the parcel map be prepared using the State Plane Coordinate System as a basis of bearing. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. • -5- COMMISSIONERS February 21, 1991 MINUTES 0'0 ado. o� 'P \ CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That each dwelling unit 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. 5. That the existing non - standard drive approach be reconstructed using the City's standard drive approach for rolled curbs. All work shall be completed under an encroachment permit issued by the Public Works Department. 6. That all conditions of Use Permit No. 3408 shall be fulfilled prior to the recordation of the parcel map. 7. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the • parcel map. 8. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Resubdivision No. 951 Public He Item No.2 Request to resubdivide an existing lot into a single parcel of land R951 or two unit residential condominium purposes on property located in the R -2 District. Approved LOCATION: Lot 13, Block 7, Tract No. 27, located at 3212 - 3214 Broad Street, on the easterly side of Broad Street, between Bolsa Avenue and Westminster Avenue, in Newport Heights. ONE: R -2 APPLICANTS: Jon and Kim McLean, Newport Beach • -6- COMMISSIONERS � d February 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX OWNERS: Same as applicants ENGINEER: Alpine Consultants, Inc., Laguna Hills The public hearing was opened in connection with this item, and Mr. Jon McLean, applicant, appeared before the Planning Commission. Mr. McLean addressed Condition No. 7, Exhibit "A ", wherein he stated that there are no overhead utilities on the site. Mr. Mclean concurred with the findings and conditions in Exhibit I'A! There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Resubdivision No. 951 All Ayes subject to the findings and conditions in Exhibit "A ". MOTION • CARRIED. FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 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. . ONDITIONS: 1. That a parcel map be recorded prior to issuance of building permits for the proposed rear unit unless otherwise approved by the Public Works and Planning Departments. • -7- COMMISSIONERS � o February 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX That the parcel map be prepared so that the Bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set on each lot comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 2. That the existing rear unit be demolished prior to the recordation of the parcel map. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. . 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That each dwelling unit shall 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. 6. That a 5 foot wide sidewalk be constructed along the Broad Street frontage under an encroachment permit issued by the Public Works Department. The 5 foot width shall be a clear space behind power poles, mail boxes and other obstructions. 7. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 3. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. -8- COMMISSIONERS � d February 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3410 (Public Hearing) Item No.3 Request to establish an automobile repair facility on property UP3410 located in the M -1 -A District. Approved LOCATION: A portion of Lot 8121/z, First Addition to the Newport Mesa Tract, located at 849 16th Street, on the southerly side of 16th Street, between Placentia Avenue and Monrovia Avenue, in Northwest Newport. ZONE: M -1 -A APPLICANT: James N. DeGraw, Newport Beach OWNER: Same as applicant The public hearing. was opened in connection with this item, and Mr. James DeGraw, property owner and applicant, appeared before the Planning Commission. Mr. DeGraw addressed Condition No. 7, Exhibit "A", wherein it is stated that "no painting, detailing, exhaust repair, tune -ups, or other operations... shall be ermitted ". Mr.DeGraw explained that after an engine is rebuilt that a 'tune up' is necessary to be certain that the engine is operating properly. James Hewicker, Planning Director, concurred with the applicant. He said that the restriction of a 'tune up', as indicated in the condition, refers to customers coming in to the facility for the specific reason to 'tune up' an automobile. ommissioner Pomeroy suggested that Condition No. 7 be odified to state "..tune ups 'except those incidental to engine ebuilding...:.. In response to a question posed by Chairman Debay, Mr. DeGraw oncurred with the findings and conditions in Exhibit "A ". n response to questions posed by Commissioner Edwards with respect to the disposal of the oil lubricant, Mr. Daniel Page, owner of the proposed business, appeared before the Planning • -9- COMMISSIONERS o' `¢Y. odd .• 01 10 February 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commission. Mr. Page stated that storage tanks are sealed, and then dumped every 90 days by a State registered company. Mr. Page further replied that he provided his own tanks, that the proposed operating hours are from 8:00 a.m. to 6:00 p.m., and that a total of four employees will be on site. There being no others desiring to appear and be heard, the public bearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3410 All Ayes subject to the findings and conditions in Exhibit "A", including modified Condition No. 7. MOTION CARRIED. Findines: • 1. That the proposed application is not an intensification of the existing use, and as such, is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses . 2. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 3. That adequate parking exists on -site to serve the auto repair facility and the other tenants. That the establishment of the subject business will not have any significant environmental impact. 5. That the approval of Use Permit No. 3410 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. • -10- COMMISSIONERS February 21, 1991 MINUTES �o �� 1 \ 0 '4. CITY OF NEWPORT BEACH ROLL CALL INDEX Conditions: 1. That the development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the on -site parking, vehicular circulation be subject to further review by the City Traffic Engineer. 3. That a minimum of 6 independently accessible parking spaces shall be provided on -site for the proposed auto repair facility. 4. That the semi -truck trailer, currently parked on the southerly side of the subject tenant space, be removed or relocated so as not to obstruct any required parking space • or vehicular circulation. 5. That all repair and service activities including the storage of auto parts shall be located inside the building. 6. That no vehicle waiting for service shall be parked outside of the building for a period longer than twenty -four hours unless it is in the process of being serviced. 7. That the approval of this application shall permit complete engine rebuilding, including minor electrical and transmission repair. No painting, detailing, exhaust repair, tune -ups except those incidental to engine rebuilding, or other operations of a similar nature shall be permitted on- site unless an amended use permit is approved by the Planning Commission. 3. That the hours of operation shall be limited between the hours of 8:00 a.m. and 6:00 p.m., daily. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. Signs indicating "for sale" or "lease" • -11- COMMISSIONERS � o February 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX shall not be. permitted in the windshield of autos or elsewhere on the site. 10. That all employees shall park on -site at all times. 11. That the Planning Commission may add 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. 12. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. Am nded Continued Public Hearing) Item No.4 Request to amend a previously approved use permit which UP3086A permitted the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and dancing, valet parking and off- UP3409 to parking for employees on property located in the "Recreational Cont ' d to d Marine Commercial' area of the Mariner's Mile Specific Plan 3/7/91 Area. The off -site parking area is located at the southeasterly orner of Riverside Avenue and Avon Street. The proposed endment involves a request to operate the second floor portion A the subject restaurant as a separate use from the third floor estaurant operation. Said proposal also includes a request to perate the second floor restaurant at lunch on Monday through Friday, whereas the second floor portion of the existing restaurant currently limited between the hours of 4:00 p.m. and 2:00 a.m. onday through Friday and 9:00 am. to 2:00 a.m. Sundays and ecognized holidays. Said proposal also includes a request to allow he required daytime parking for the second floor restaurant to be rovided on a contingency basis depending on the amount of acant office or retail space within the building. • -12- COMMISSIONERS February 21, 1991 MINUTES rO � � o, o �n c O� Y ci9 0 '4 CITY OF NEWPORT BEACH ROLL CALL INDEX APPLICANT: John Dominis Restaurant, Newport Beach AND B. Use Permit No. 3409 (Continued Public Hearing) Request to permit the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and dancing, valet parking and off -site parking for employees on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The off -site parking area is located at the southeasterly corner of Riverside Avenue and Avon Street. Said proposal involves separating the existing third floor portion of the John Dominis Restaurant so as to operate the third floor as an independent restaurant use with the same operational characteristics that are currently permitted. LOCATION: Site of restaurants: Parcel 1, Parcel Map 84- 709 (Resubdivision No. 779), located at 2901 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Newport Boulevard in Mariner's Mile. Site of Off -site parking: Lots 7, 8, and 9, Tract No. 1133, located at the southeasterly comer of Riverside Avenue and Avon Street in Mariner's Mile. ONE: SP -5 APPLICANT: Larry Levoff, Know Limit Inc., Carlsbad OWNER: Kawabe, USA, Beverly Hills ames Hewicker, Planning Director, requested that these items be ontinued to the March 7, 1991, Planning Commission meeting so to allow the applicants additional time to provide a redesign of • -13- COMMISSIONERS � o.o \O�\y� � \ • February 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX the proposed restaurants and for staff to review said design, and to settle a lease agreement dispute between the applicants. Motion * Motion was made and voted on to continue these items to the Ayes * * * * March 7, 1991, Planning Commission meeting. MOTION Absent * CARRIED. sss Use Permit No. 1889 (Review)(Discussion) Item No.5 Request to review a previously approved use permit which UP1889 permitted the construction of 2, two -story buildings for a mixture (Review) of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial" area of the Mariner's f set for 4/4/91 o Mile. Specific Plan Area. Said approval also included a • modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off - street parking. The proposed review involves consideration of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. LOCATION: A portion of Lot H, Tract No. 919, located at 2701 -2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. ONE: SP -5 PLICANT: Edward B. Robinson, Newport Beach OWNER: Bertha Robinson, Newport Beach James Hewicker, Planning Director, stated that Section 20.85.010 in the Municipal Code gives the Planning Commission the authority • -14- COMMISSIONERS O,q add. Ocn February 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX to hear and decide appeals based upon the enforcement or interpretation of the provisions of the Zoning Code, i.e. use permits. He further stated that Section 20.80.090 of the Zoning Code addresses violations of use permit conditions, and allows the Planning Commission to review use permits if there have been conditions that have been violated. Mr. Hewicker pointed out that the City Council on January 14, 1991, requested that the Planning Commission review the subject use permit based on their concerns regarding charter boat activities on the site, and the impact the charter boat activity has on the operation of the boat repair facility on the property. Mr. Hewicker stated the subject use permit allowed an office development on the property in addition to the ability to sustain and maintain the boat repair use that existed on the site. He indicated that two violations currently exist on the property: the establishment of a wedding • chapel that requires a use permit, and the elimination of some of the parking spaces that were originally required for uses on the site. Mr. Hewicker stated that charter boat activities are a permitted use on the property and are encouraged to the extent that the use does not have an adverse affect to other uses that are also permitted, in articular an affect on a boat repair operation. Mr. Hewicker stated that the subject item is not a public hearing, inasmuch as public notices were not mailed to property owners in e area; however, the Planning Commission has the authority to discuss the use permit and take public testimony. He indicated that he Planning Commission has the authority to set the item for ublic hearing so as to notify property owners and interested arties, and to allow the Planning Commission to modify or add onditions to the use permit. ommissioner Person stated that the current development epresents an over - intensification of the use of the property that as not reviewed when the Planning Commission approved Use ermit No. 1889, based on the addition of a wedding chapel and • -15- COMMISSIONERS February 21, 1991 MINUTES 0 WCITY OF NEWPORT BEACH ROLL CALL INDEX the operation of a large charter boat. Commissioner Pers6n suggested that charter boat operations be reviewed by the Planning Commission so as to review parking, rest room facilities, and the impact on traffic. Commissioner Pers6n suggested the Planning Commission consider a public hearing to modify the conditions of approval and review the existing use permit. Chairman Debay suggested that use permits be considered for boat charters carrying over a specific number of people. Commissioner Pers6n suggested that the Planning Commission require, as a condition of approval, that no boat chartering be conducted on -site unless there would be an amendment to the use permit. Commissioner Pers6n, Chairman Debay, and William Laycock, Current Planning Manager, addressed the Harbor Permit that is issued by the Marine Department. • Commissioner Glover indicated her concerns regarding the wedding chapel that exists on the property. Mr. Hewicker stated that in order to operate a wedding chapel, the applicant is required to apply for a use permit, and the Planning Commission must approve said use permit to authorize the use. In response to a question posed by Commissioner Glover regarding the mixed use that is existing on the property, Mr. Hewicker replied that the ultimate control for the uses on the property is the property owner and the . subject use permit runs with the land. He stated that the property owner must be certain that the conditions of approval are in compliance with the use permit. Mr. Hewicker addressed the nixed uses existing on the property, and he stated that concerns have been expressed by interested parties that the mixed use on the property is not successful. Mr. Hewicker addressed the concerns regarding available on -site parking for the mixed uses. mmissioner Pers6n addressed the feasibility of revoking the use ermit. Robin Flory, Assistant City Attorney, stated that the basis or revocation is to show facts that the uses are in violation of the e permit, or, the use permit could be suspended until the uses e no longer in violation. In response to a question posed by • -16- COMMISSIONERS • �o� �� February 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Pers6n regarding the subpoena of leases on the property, Ms. Flory replied that the Planning Commission does not have the power to subpoena or require leases, unless the leases are connected directly to the conditions of the use permit. Commissioner Pomeroy and Mr. Hewicker addressed the issue of available on -site parking spaces if the wedding chapel were not located on the property. Chairman Debay commented that on -site and off -site parking spaces are available for a maximum capacity of 174 passengers, and the charter boat accommodates 275 people. Commissioner Edwards, Commissioner Pers6n, and Ms. Flory discussed the issue of revocation of Use Permit No. 1889. Mr. Edward Robinson, applicant, appeared before the Planning Commission. Mr. Robinson stated that the applicants have been • in compliance with the City's requirements. He compared the size of the subject charter boat facility, Avalon Pacific, with another charter boat facility, Hornblower, a use that was approved by the City. Mr. Robinson addressed the disagreement between the charter boat business and Mr. Jim Parker, a former tenant, regarding the available on -site parking on weekends. He explained that since Mr. Parker moved his business to another site, there have not been on -site parking problems. Mr. Robinson stated that Swedish Marine does not remain open after 5:00 p.m.; however, they work until 12:00 noon on Saturdays during the summer months. He referred to the Planning Commission meeting in 1987 concerning Hornblower wherein a condition states that a charter boat service shall not exist unless an amendment to Site Plan Review No. 41 has been approved. Mr. Robinson emphatically expressed his concern that the Planning Commission would consider revocation of the use permit inasmuch as the subject operation has complied with the conditions of the use permit. In response to a question posed by Commissioner Pers6n regarding e aforementioned wedding chapel, Mr. Robinson stated that an • -17- COMMISSIONERS .d � O d - 1 • °I` �� February 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX application was submitted to the City; however, it was returned to the applicant /tenant because sufficient information was not provided to staff. Ms. Flory explained that the property owner is responsible for the enforcement of the conditions of the use permit. Commissioner Pers6n indicated that commercial leases generally indicate that tenants shall comply with all Government rules and regulations. Mr. Roy King, charter boat tenant, appeared before the Planning Commission. Mr. King explained that the wedding chapel consists of the office space on the ground floor of the building and is a gathering area for the boat passengers before boarding the yacht. Mr. King stated that two weddings were held prior to notification by the City. Commissioner Pomeroy addressed the circumstances surrounding the illegal wedding chapel. • Mr. King stated that his charter boat business was originally located at 2751 West Coast Highway, adjacent to The Chart House Restaurant, for approximately 5 years; however, he said that based on the required number of parking spaces for The Chart House Restaurant, the City required that his operation be moved to another site three years ago. Mr. King stated that another. charter boat operation is currently operating out of The Chart House Restaurant site. In response to questions posed by Commissioner Pers6n, Mr. King replied that the charter boat he operated three years ago, and is currently operating, is 105 feet in length. He explained that the Spirit of Newport is a documented vessel that is Coast Guard inspected, and is currently certified for 149 passengers. He further explained that a second charter boat is B. P. John, is Coast Guard inspected, and carries 120 passengers. Mr. King replied that his charter boat business was larger several years ago than it is today; however, he said that charter activity is not consistent. Mr. King questioned the 35 boats that Mr. Parker operates that carry a otential of 300 people, that he conducts a sailing club, that 35 parking spaces are available for the operation, and a restaurant and an additional use are also being added on the property. Mr. King . -18- COMMISSIONERS February 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX stated that The Chart House Restaurant property recently loaded seven boats with passengers. In response to a question posed by Commissioner Merrill, Mr. King replied that the parking spaces at The Chart House Restaurant were designated for the restaurant after 5:00 p.m. He explained that after his move from the property, three charter boat operations were opened on The Chart House Restaurant property with the approval by the City. In response to questions posed, by the Planning Commission, Mr. King explained that the Marine Department informed his charter boat service that no parking spaces and no commercial docks could be provided for his operation; however, he said that when the use permit was approved for The Chan House Restaurant, the charter operation and other uses existed on the property. Mr. King stated that seven charter boats operate from the John Dominis Restaurant site, and no rest • rooms or trash disposable area are provided, as required. In response to a question posed by Commissioner Pomeroy, Mr. Hewicker explained that charter activities are primarily regulated by two Departments in the City: the Business License Division and the Marine Department. He explained that the Planning Department works with both Departments when requests are made for charter boat activities. Mr. King addressed conflicting conditions that exist to regulate charter boat operations. Motion * Motion was made to schedule a public hearing for Use Permit No. 1889 for April 4, 1991. Commissioner Person requested that appropriate backup material be provided for the public hearing. He stated that the Planning Department and the Planning Commission need to have a better handle on the upland activities associated with charter businesses in the Harbor. Substitute Substitute motion was made and voted on to continue testimony Motion * egarding Use Permit No. 1889 so as to assist the staff in preparing All Ayes he staff report. MOTION CARRIED. • -19- COMMISSIONERS 0 "k February 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Mr. King addressed the high standards of the existing charter companies currently in operation throughout the Harbor area; however, he stated that the charters are currently operating under unclear regulations, L e., the holding tanks. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that when the Business License Division receives a request for a Special Event Permit or a charter activity, the Division contacts the Planning Department for final approval that charter activities are approved at the requested location. He stated that upland support facilities are also reviewed for that location. In response to a question posed by Commissioner Glover with respect to Chapter 5.18, Mr. Hewicker replied that he did not have the figures regarding the number of boat charters operating under Chapter 5.18 or Chapter 17.41 of the Municipal Code. Commissioner Pers6n stated that all of the boat charters do not have to operate under Chapter 5.18. Larry Morgan, majority owner of the boat repair facility on the subject property, appeared before the Planning Commission. He stated that there is no conflict between Avalon Pacific, the boat charter company and the boat yard, that the boat yard rarely operates after 5:00 p.m., and never on weekends. In response to a question posed by Commissioner Edwards, Mr. Morgan stated that the existing uses on the subject property do not interfere with each other. Mr. King reappeared before the Planning Commission wherein he responded to a question posed by Commissioner Edwards. He explained that the boat charter use is issued permits per boat on a monthly basis from the Business License Division. He stated that he application requests the list of charters for the month for the specific boat, the number of passengers carried, the time of operation, and how the charter company intends to provide parking. Mr. King stated that it is difficult to police the charter oats inasmuch as most of the charters are during the evenings or weekends. Mr. King stated that a charter boat that Hornblower • -20- COMMISSIONERS o �O �+ d� °rte G �"� 0 �O February 21, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX chartered during the Harbor Christmas Parade carried 500 passengers on one boat, leased 35 parking spaces from the. subject facility and that was the total parking provided for the passengers on three charter boats, and that City permits were issued for said charters. In response to a question posed by Commissioner Di Sano, Mr. King replied that there is confusion with the permitting process through the City. Mr. Jim Parker, 2633 West Coast Highway, appeared before the Planning Commission. Mr. Parker referred to letters that he addressed to the Business License Division and the Planning Department that are attached to the staff report. In rebuttal to aforementioned comments, Mr. Parker stated that he operates 10 charter boats and not 35 boats, that his boats have been inspected • by the Marine Department, that the boats have holding tanks, and his operation is in compliance with City Codes. Mr. Parker indicated that a revocation or suspension of Use Permit No. 1889 is not necessary. He stated if the property owner would be given clear guidelines, and if the proper restrictions or conditions were monitored, that it would clear up concerns he previously expressed. In response to a question posed by Commissioner Di Sano regarding the City's policies, Mr. Parker explained that his sailing charter business operates under a different set of procedures than the foregoing boat charter business. He explained that his business is restricted to six passengers or less, and boat charters operate under different regulations. response to a question posed by Commissioner Pomeroy, Mr. Parker replied that his business does not operate a boat charter, and his passengers belong to a sailing association to charter the boats. Mr. Hewicker stated a boat charter business exists on another site at requires an amendment to a use permit, and, as of this date, an amendment has not been granted. • -21- COMMISSIONERS February 21, 1991 MINUTES Gd_d CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Robinson reappeared before the Planning Commission to address issues that were expressed by the Planning Commission and staff. Commissioner Pomeroy requested that the information in the April 4, 1991, Planning Commission staff report contain conditions of other use permits in the adjacent area for the purpose of further review of the subject use permit. Chairman Debay referred to the January 14, 1991, City Council minutes, wherein she pointed out that the Planning Commission is responding to the Use Permit and not the Harbor Permit. Ms. Flory addressed the intent of the review of Use Permit No. 1889, and she stated that the existing parking conditions and the establishment of a wedding chapel may not be sufficient factors to • consider revocation of the use permit. Ms. Flory determined that a public hearing would address the consideration of amending the use permit. Commissioner Pers6n and Commissioner Edwards addressed their previous considerations regarding revocation that were discussed by the Planning Commission. Commissioner Glover addressed the review of Use Permit No. 1889, and she stated that it would not be appropriate to gather the aforementioned requested data pertaining to use permits adjacent to the subject property. Mr. Hewicker explained that the information could be segregated into three issues: the subject use permit; other charter boat companies that are operating in the Harbor area without a use permit, and to the best of his knowledge that is true in only one case; and how the overall permit procedure is handled through the Marine Department, the Business license Division, and the Planning Department and if the Planning Commission would recommend changes to the current policy. Commissioner Pomeroy addressed the applicant's request for a wedding chapel. Mr. Hewicker stated that Code Enforcement • -22- COMMISSIONERS 01 February 21; 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX mailed a letter to the applicant in December regarding the violation of the wedding chapel; however, he commented that wedding ceremonies have continued through February 16, 1991. Commissioner Pomeroy commented, and Mr. Hewicker concurred, that the Planning Commission could act upon the request for a wedding chapel at the April 4, 1991, Planning Commission meeting if the applicant submitted an application. In response to a question posed by Chairman Debay, Mr. Hewicker replied that the primary concern to be addressed will be the boat repair facility and the appropriateness of boat chartering activities on the property. Commissioner Di Sano supported the motion. He addressed the intensification of use on the subject property and the existing uses that were not permitted under the use permit. Commissioner Di • Sano also addressed the confusion of the procedures that are currently being followed by the charter boat business. Commissioner Edwards supported the motion to schedule a public hearing for Use Permit No. 1889 at the April 4, 1991, Planning Commission meeting. All Ayes Motion was voted on, MOTION CARRIED. s t s ADDITIONAL BUSINESS: Additional Business Commissioner Di Sano commended the City for distributing water conservation information to its citizens. After discussion, staff was directed to send a letter to the City Council and the Parks, Beaches and Recreation Commission, suggesting that the City establish a emonstration garden of drought resistant plants in front of City Hall. _23_ COMMISSIONERS ,o � o.o r o � 01 �0 February 21, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX ADJOURNMENT: 9:05 p.m Ad'ournmen s s s THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -24-