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HomeMy WebLinkAbout03/09/1989COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers q ot��t^ �i�� TIME: 7:30 P.M. y�o �o�y�y�y� DATE: March 9, 1989 1 `y r 1010 CITY OF NEWPORT BEACH ROLL CALL INDEX Present * * * * * * All Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robert Burnham, City Attorney William R. Laycock, Current Planning Manager Craig Bluell, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes Minutes of February 23. 1989: of 2 -23 -89 #n * Motion was made and voted on to approve the February 23, * * * * * 1989, Planning Commission Minutes. MOTION CARRIED. Absent Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the A eg nda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, March 3, 1989, in front of City Hall. Request Request for Continuances: for Continuance James Hewicker, Planning Director, stated that the applicant, Piero Serra, has requested that Item No. 4, regarding the expansion of a bed and breakfast facility . located at 2306 -2310 West Ocean Front and 111 -117 23rd Street, be continued to the March 23, 1989, Planning Commission meeting. 1 COMMISSIONERS March 9, 1989 dh y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion * Motion was made and voted on to continue Item No. 4, All Ayes General Plan Amendment No. 88 -2(A), Local Coastal Program Land Use Plan Amendment No. 15, Amendment No. 674, Use Permit No. 3195 (Amended), and Resubdivision No. 889, to the March 23, 1989, Planning Commission meeting. MOTION CARRIED. Waiver of Parcel Map (Discussion) Item No.l Request to waive the requirement of a parcel map for the Waiver of combining of lots in conjunction with proposed alterations parcel Map to two existing buildings on two adjoining lots located in the C -1 District. Approved LOCATION: Lots 1 and 2, Block Z, Tract No. 323, located at 3519 and 3501 East Coast Highway, on the southeasterly corner of East Coast Highway and Narcissus Avenue, in Corona del Mar. • ZONE: C -1 APPLICANTS: Flora Hills Salon and Sees Candy, Corona del Mar OWNERS: Same as applicants James Hewicker, Planning Director, suggested the deletion of Condition No. 1 which states "That the applicants shall enter into a hold harmless agreement which will indemnify and hold harmless each property owner and the City. Said agreement is to provide for mutual insurance at an amount specified by the City and which names the City as additional insured for the term of the agreement which expires on December 31, 1998. ", and that Condition No. 7 be modified to state "That the opening between the two buildings shall be filled in accordance with the requirements of the Uniform Building Code at the termination of the lease agreement unless otherwise extended or assigned." Mr. Hewicker explained that it would not be appropriate for the City to become involved in the lease agreement inasmuch as the applicant has satisfied the requirements of the Zoning Code and the Uniform Building Code. Mr. William Edwards, architect, and Mr. John Henry Bohls, appeared before the Planning Commission to represent the 2 - COMMISSIONERS March 9, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL 1 1 I J i l l I I INDEX applicants. Mr. Bohls concurred with the findings and conditions in Exhibit "A ", as modified. Motion 1 * 111 Motion was made and voted on to approve the Waiver of All Ayes Parcel Map for property located at 3501 and 3519 East Coast Highway, subject to the findings and conditions in Exhibit "A ", including the deletion of Condition No. 1, and modified Condition No. 7. MOTION CARRIED. 1. That the building site must be held as separate lots due to the separate ownerships which prevent the combining of the properties into a single building site. 2. That the entities proposing to use the site hold title to the land, and the estate in real property is of sufficient length to guarantee that the lots which constitute the building site will be held as • a single entity for the economic duration of the building improvement on the site. 3. 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. Conditions: 1. Deleted. 2. That a minimum of six on -site parking spaces shall be maintained on the See's Candy site (3501 East Coast Highway) for the existing and expanded See's Candy Shop. 3. Should the subject property ever be held under a single ownership, this waiver shall become null and void and the property owner shall obtain the approval of a resubdivision. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. • 5. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements within 15 days of approval of the subject waiver of parcel map. - 3 - COMMISSIONERS o +L0 �m��m March 9, 1989 y�G�' 9N y9 v 9 9Jt CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 6. That the tree damaged sidewalk be reconstructed and the tree be root pruned or removed as approved by the Department of Parks, Beaches and Recreation along the Narcissus Avenue frontage under an encroachment permit issued by the Public Works Department. 7. That the opening between the two buildings shall be filled in accordance with the requirements of the Uniform Building Code at the termination of the lease agreement, unless otherwise extended or assigned. Variance No. 1151 (Public Hearing) Item No.2 V1151 Request to permit alterations and additions to an existing single family dwelling which is currently built above the top of curb on Ocean Boulevard. The requested variance is to allow the proposed additions to be constructed above the Approved top of curb as well. The proposal also includes a modification to the Zoning code so as to allow the proposed . addition to encroach 10 feet into the required 10 foot front yard setback, adjacent to Ocean Boulevard. LOCATION: A portion of Block A, Corona del Mar, located at 3719 Ocean Boulevard, on the southwesterly side of Ocean Boulevard, between Poinsettia Avenue and Poppy Avenue, in Corona del Mar. ZONE: R -1 APPLICANT: Mark Hurwitz, Newport Beach OWNER: Doris Waniek, Corona del Mar The public hearing was opened in connection with this item, and Mr. Mark Hurwitz, applicant, appeared before the Planning Commission to state that he concurs 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 Variance No. 1151, All Ayes subject to the findings and conditions in Exhibit "A ". • MOTION CARRIED. 4 - COMMISSIONERS f, Zm G4 4v 4v . March 9, 1989 s 9� NpO CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circumstances and conditions do not generally apply to land, building, and /or uses in the same district inasmuch as the new roof line will actually be lower than the existing nonconforming roof line which would be permitted to continue. 2. That the granting of a variance to exceed the permitted height is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the structure currently maintains a greater nonconformity. 3. That the proposed project will result in no increased view impairment than presently exists on the site. 4. That the proposed development is consistent with the • General Plan and the adopted Local Coastal Program, Land Use Plan. 5. That the project will not have any significant environmental impact. 6. The approval of the modification to the Zoning Code so as to allow the proposed encroachment into the required front yard setback 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 is consistent with the legislative intent of Title 20 of this Code, inasmuch as the proposed addition is an extension of an existing nonconforming encroachment that will not obstruct any views from adjoining residential properties or from Ocean Boulevard. 7. That the establishment, maintenance, and operation of the use, property, and building 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 5 - COMMISSIONERS March 9, 1989 y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as provided below. 2. That a City Council approved encroachment permit shall be obtained for any future work in the Ocean Boulevard public right of way. 3. That if any portion of the proposed additions are constructed over the old sewer on the property, the property owner shall either remove the old abandoned pipe, or shall backfill the pipe with slurry as approved by the Public Works and Utilities Departments. 4. That the tops of the chimneys, including decorative chimney caps, shall maintain only that height necessary to comply with the Uniform Building Code in those cases where the chimneys exceed the height limits established by the Zoning Code. 5. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 6. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Municipal Code. Use Permit No. 3343 (Public Hearing) Item NO.3 Request to permit the reestablishment of a restaurant with UP3343 on -sale alcoholic beverages and live entertainment which was previously destroyed by fire on property located in the Approved "Specialty Retail" area of the Cannery Village /McFadden Square Specific Plan. The proposal also includes: a request to permit the use of the Cannery Village Municipal Parking Lot for a portion of the required off - street parking during the evening; a request to allow a limited • breakfast and lunch operation based on available on -site parking; a modification to the Zoning Code so as to allow a portion of the on -site parking spaces to encroach into 6 - COMMISSIONERS N! `6 o \34A\� ar �� March 9, 1 989 - 9 m, 9yQ�yp .. CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX the required 10 foot rear yard setback adjacent to an alley and the five foot front yard setback adjacent to 29th Street; and a modification to the existing parking design standards so as to allow the use of a substandard 24 foot wide parking aisle with wider than normal parking spaces. LOCATION: Lots 1, 2 and a portion of Lot 3, Block 230, Lancaster's Addition, located at 2900 Newport Boulevard, on the northeasterly corner of Newport Boulevard and 29th Street, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Dorothy Doan, Santa Ana OWNER: Same as applicant Commissioner Pers6n stepped down from the dais because of a possible conflict of interest. In response to a question posed by Commissioner Debay regarding the requirements to rebuild the subject non- conforming restaurant after a fire destroyed the property, James Hewicker, Planning Director, explained that the building's parking and setbacks are nonconforming. Mr. Hewicker further explained the parking requirement options that the Planning Commission has concerning the property. He stated the full parking requirement as adopted in the General Plan assures that adequate parking will be provided for the restaurant use. Mr. Hewicker referred to the Cannery Village property nearby that was purchased by the City for the purpose of establishing a Municipal Parking Lot. He commented that said Municipal Lot would alleviate the existing parking problems in the area. In response to a question posed by Commissioner Di Sano regarding the City Traffic Engineer's recommendations concerning the design of the parking area, William Laycock, Current Planning Manager, explained that staff has recommended that one of the on -site parking spaces be deleted. He stated that the removal of one parking space would require a reduction in the "net public area" during the daytime hours; however, he said that because ample parking would be available in the adjacent Municipal Parking Lot during the evening that the "net public area" could be increased after 5:00 p.m. 7 - COMMISSIONERS March 9 , 1989 y�G 9o99�y�.p$ yy � y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Mr. Hewicker advised that the applicant sold the site of the subject Cannery Village Municipal Parking Lot to the City, and that during the negotiations of the sale the City and the applicant entered into a parking agreement concerning the subject property. Mr. Hewicker requested that Condition No. 6 in Exhibit "A" be corrected to state "That Parking Space No. 1 adjacent to 29th Street shall maintain a 4 foot setback." The public hearing was opened in connection with this item, and Mrs. Dorothy Doan, applicant, appeared before the Planning Commission. Mrs. Doan concurred with the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Winburn, Mrs. Doan stated that the restaurant operation is proposed to be a quality dinner house, serving breakfast and lunch on a limited scale. In response to a question posed by Commissioner Debay, Mrs. Doan stated that the live entertainment will be limited to background music. Mr. David Hammond, 221 - 29th Street, appeared before the Planning Commission. Mr. Hammond stated his concerns regarding the residential area that is adjacent to the subject commercial area, and the noise of the live entertainment emitting from the restaurant into the residences. Commissioner Debay commented that the restaurant that was previously located on the site, Cafe Lido, was permitted to have live entertainment. She referred to Condition No. 9 which states that if the applicants chose to intensify the incidental background live entertainment with a maximum of three musicians, that the applicant would be required to apply for an amendment to the subject use permit. Mr. Hewicker referred to Condition No. 8 that requires all windows and doors within the restaurant to be closed during performances. In reference to the concerns regarding the noise emitting into the residential area, Commissioner Di Sano suggested a condition that staff has recommended to be added to Use • Permit No. 3076, the Newport Landing Restaurant, as follows: "It shall be the responsibility of the restaurant operator to inform the live entertainment groups as to the 8 - COMMISSIONERS o March 9, 1989 Rol CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX necessity to limit the volume of their music and singing so as to not intrude on the surrounding residential areas." Chairman Pomeroy commented that incidental background music would not cause noise problems; however, he said that he had concerns regarding the mix of commercial and residential uses. Mr. Hewicker commented that the applicant is required to apply for a live entertainment permit issued by the City Manager and Business License Department. Robert Burnham, City Attorney, suggested a condition stating "the permittee shall obtain a live entertainment permit and comply with any conditions to said permit." There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Winburn stated that the requested hours of operation differ from the hours of operation as approved by Cafe Lido on July 19, 1984, inasmuch as the applicant • intends to serve breakfast, lunch, and dinner. The requested hours of operation are from 6:00 a.m, to 2 :00 a.m. daily. Motion * Motion was made to approve Use Permit No. 3343, subject to the findings and conditions in Exhibit "A ", including the following modified and added conditions: Condition No. 6 shall be modified to state "That Parking Space No. 1... "; the following shall be added to Condition No. 9: "....The permittee shall obtain a live entertainment permit and shall comply with any conditions to this permit. "; add Condition No. 38: "It shall be the responsibility of the restaurant operator to inform the live entertainment groups as to the necessity to limit the volume of their music and singing so as to not intrude on the surrounding residential areas. "; add Condition No. 39: "That no outdoor sound or paging system shall be permitted." Commissioner Winburn requested an amendment to the motion adding Condition No. 40: "That the hours of operation shall be from 6:00 a.m, to 2 :00 a.m. daily, and that live entertainment shall be permitted from 5:00 p.m. to 1:00 a.m. daily." The maker of the motion concurred with the request. • Chairman Pomeroy referred to requested Condition No. 38, and he suggested that said condition be modified to state 9 - COMMISSIONERS y�G� 'A���9� 9,p'9y 8c y o� y CC a� C March 9, 1989 CITY OF NEWPORT BEACH MINUTES ROL rCALL INDEX "incidental background music" instead of "music and singing ". The maker of the motion concurred with the request. Ayes * * * * * * The foregoing motion was voted on, MOTION CARRIED. Absent FINDINGS: 1. The proposed restaurant is consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed reconstruction of the restaurant use, with an increase in "net public area ", hours of operation, and increased parking demand can be adequately served by a combination of on -site and • off -site parking. 4. That the parallel parking space proposed to encroach 10 feet into the required 10 foot alley setback will interfere with loading and unloading of commercial vehicles adjacent to the alley. 5. That the hours of operation of the evening use has adequate on -site plus off -site parking in the Cannery Village Municipal Parking Lot to serve the proposed use. 6. That the Police Department does not anticipate any parking problems associated with the live entertainment. 7. 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. 8. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 9. That the waiver of development standards as they pertain to walls, a portion of the landscaping, parking lot illumination and utilities will not be detrimental to the adjoining properties. 10- COMMISSIONERS March 9, 1989 y�G ,9N P9'yP yti � CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 10. That the approval of a modification to the Zoning Code, so as to allow a portion of a parking space to encroach one foot into the required 5 foot front yard setback adjacent to 29th Street and the angled parking spaces to encroach into the 10 foot rear yard setback adjacent to the alley 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 and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. In addition, the proposed parking design will provide adequate vehicular circulation on the irregularly - shaped lot. 11. The approval of Use Permit No. 3343 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. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted below. 2. That the "net public area" devoted to daytime use shall be limited to 480 sq.ft. and the balance shall be physically closed off to dining by a fixed barrier. 3. That the property owner shall pay for 18 in -lieu parking spaces in the Cannery Village Municipal Parking Lot on an annual basis for the restaurant use as agreed upon by the Sales Agreement between the City and the property owner. 4. That Parking Space No. 10 of the parking lot be deleted and that at least 12 parking spaces be provided on site. 5. That Parking Space No. 11 be 9 feet minimum width to conform to current standards. -11- COMMISSIONERS March 9, 1989 ?yyo�'7y �{ db CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 6. That Parking Space No. 1 adjacent to 29th Street shall maintain a 4 foot setback. 7. That the drive apron on 29th Street shall be reconstructed to align with the aisle of the parking lot. 8. That the live entertainment shall be permitted only within the building and all windows and doors within the restaurant shall be closed during performances. 9. That live entertainment shall be limited to incidental background music with a maximum of three musicians. Any more intensive live entertainment will require the approval of an amendment to this use permit. The permittee shall obtain a live entertainment permit and shall comply with any conditions to this permit. 10. That all signs shall conform to the requirements of Chapter 20.06 of the Municipal Code. 11. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 12. That a trash compactor be provided in the restaurant facility. 13. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 14. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 15. That restaurant development standards pertaining to walls, a portion of the landscaping, parking lot illumination, and utilities shall be waived. 16. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning 12- COMMISSIONERS ?.° March 9, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Department that the landscaping has been installed in accordance with the prepared plan. 17. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 18. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 19. That dancing shall not be permitted in the restaurant unless an amendment to this use permit is approved. 20. That the project shall be so designed to eliminate light and glare spillage on adjacent properties. All parking lot lighting shall be subject to the approval of the Planning Department. 21. That all restaurant employees shall be required to park on -site during the daytime operation of the restaurant, and after 5:00 p.m. shall park in the Cannery Village Municipal Parking Lot or adjacent municipal parking lots. 22. That a resubdivision be approved to combine the lots into one building site, or a recorded covenant agreement be required, the form and content of which shall be approved by the City Attorney, so as to ensure the continued provision of 12 on -site parking spaces for the subject restaurant. 23. That no temporary "sandwich" signs shall be permitted to advertise the approved live entertainment or the restaurant facility. 24. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties. 25. That all improvements be constructed as required by Ordinance and the Public Works Department. 26. That a standard use permit agreement and accompanying surety be provided 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. 13- COMMISSIONERS March 9, 1989 G 9i P 'b P �° y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 27. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 28. That a 15 foot radius corner cut -off at the corner of Newport Boulevard and 29th Street be dedicated to the public. 29. That the curb, gutter and sidewalk be reconstructed along the Newport Boulevard and 29th Street frontages, removing all unused drive aprons and constructing curb access ramps per City STD. 181 -L at the alley and at the corner of Newport Boulevard and 29th Street. That the existing survey monument at the corner of 29th Street and Newport Boulevard be protected in place with the sidewalk matching the monument and grade unless otherwise approved by the Public Works Department. The proposed improvements on 29th Street may be constructed with the proposed Cannery Village Assessment District with approval of • the Public Works Department. 30. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 31. That County Sanitation District fees be paid prior to issuance of any building permits. 32. That the Public Works Department plan check and inspection fee be paid. 33. That sight distance in accordance with STD. 110 -L be provided at the street and alley intersections. 34. That all construction shall be in compliance with Uniform Building Code and all applicable codes. 35. That the handicapped parking spaces shall be accessible to the handicapped at all times. One handicapped sign on a post shall be required for the handicapped space. 36. That the Planning Commission may add and /or modify conditions of approval to the 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, cause injury, or is detrimental to the health, safety, -14- COMMISSIONERS o \24A\C� yd GoiN �g' $o � 0 B y � March 9, 1989 I C ITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX peace, morals, comfort or general welfare of the community. 37. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 38. It shall be the responsibility of the restaurant operator to inform the live entertainment groups as to the necessity to limit the volume of their incidental background music so as to not intrude on the surrounding residential areas. 39. That no outdoor sound or paging system shall be permitted. 40. That the hours of operation shall be from 6:00 a.m. to 2:00 a.m. daily, and that live entertainment shall be permitted from 5:00 p.m. to 1:00 a.m. daily. A. General Plan Amendment No. 88- 2(A)(Public Hearing) Item No.4 Request to amend the Land Use Element of the General Plan GPA 88 -2(A so as to redesignate property from "Single Family Attached" to "Retail and Service Commercial ". LCP LUP Al AND A674 B. Local Coastal Program Land Use Plan Amendment No. 15 UP 3195A (Public Hearing) R889 Request to amend the Local Coastal Program Land Use Plan so as to redesignate property from "Single Family Attached" Continued to "Retail and Service Commercial ". to 3 -23 -89 AND C. Amendment No. 674 (Public Hearing) Request to amend a portion of Districting Map No. 8 so as to rezone properties on West Ocean Front from the SP -6 (R- 2) District to the SP -6 District. • LOCATION: Lots 5 and 6, Block 23, Newport Beach, located at 2308 -2310 West Ocean Front, on the northeasterly side of West Ocean Front, between 15- COMMISSIONERS March 9, 1989 F� amG to A p9��9� yy y� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 23rd Street and 24th Street, in the Cannery Village/McFadden Square Specific Plan Area. AND D. Use Permit No. 3195 (Amended)(Public Hearing) Request to amend a previously approved use permit which permitted a lobby expansion of an existing hotel and the conversion of said hotel to a bed and breakfast facility which includes the service of a continental breakfast and alcoholic beverages to hotel guests and to the general public within the existing and proposed lobby areas. The proposed use permit amendment includes a further expansion of the bed and breakfast facility to include three additional units involving two properties on West Ocean Front which are developed with a single family dwelling and a duplex, twelve newly constructed guest units and a manager's unit on the 23rd Street property, and the conversion of four existing guest units into three guest units. The proposal also includes: a modification to the • Zoning Code so as to allow the use of tandem parking spaces in conjunction with a full time valet parking service; a modification to the Zoning Code so as to allow a portion of the first floor decks and handrails and a portion of the second floor guest units to encroach into the required five foot front yard setback adjacent to 23rd Street; and the acceptance of an environmental document. LOCATION: Lots 25 -28, Block 23, Newport Beach, located at 111 -117 23rd Street, on the northwesterly side of 23rd Street, between West Ocean Front and West Balboa Boulevard; and Lots 3 -6 and portions of Lots 29 and 30, Block 23, Newport Beach, located at 2306 -2310 West Ocean Front, on the northeasterly side of West Ocean Front, between 23rd Street and 24th Street, all in the Cannery Village /McFadden Square Specific Plan Area. AND • -16- COMMISSIONERS ot �+o March 9, 1989 y� 9py 99� Gyy �Oy��C9p�y0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX E. Resubdivision No. 889 (Public Hearing) Request to resubdivide four existing lots into a single parcel of land for commercial development. LOCATION: Lots 25 -28, Block 23, Newport Beach, located at 111 -117 23rd Street, on the northwesterly side of 23rd Street, between West Ocean Front and West Balboa Boulevard, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Piero Serra, Newport Beach OWNER: Same as applicant ENGINEER: Jim Skaug, Laguna Beach James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the March 23, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue Item No. 4, All Ayes General Plan Amendment No. 88 -2(A), Local Coastal Program Land Use Plan Amendment No. 15, Amendment No. 674, Use Permit No. 3195 (Amended), and Resubdivision No. 889 to the March 23, 1989, Planning Commission meeting. MOTION CARRIED. A. Traffic Study No. 54 (Public Hearing) Item No.5 Request to approve a traffic study so as to permit the TS 54 construction of an 85 unit elderly personal care facility on property located in the P -C District. UP3342 AND Approved B. Use Permit No. 3342 (Public Hearing) Request to permit the construction of an 85 unit elderly personal care facility on property located in the P -C District. The proposal also includes a request to allow a portion of the structure to exceed the 32 foot basic height limit in the 32/50 Height Limitation District; a request to establish an off - street parking requirement based on a demonstrated formula; a modification to the 17- COMMISSIONERS March 9, 1989 z�oy Fy "y sa9�m CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Zoning Code so as to allow the use of tandem parking spaces in conjunction with a full time valet parking service; and the acceptance of an environmental document. LOCATION: Parcel 1 of Parcel Map 85 -257 (Resubdivision No. 811), located at 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel Drive, in Corona del Mar. ZONE: P -C APPLICANT: Emerald. Associates, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that inasmuch as the subject use permit constitutes a Planned Community Development Plan for the property in question, the Planning Commission's action shall be to make a recommendation to the City Council. Mr. Hewicker submitted four letters of correspondence to the Planning Commission that were • presented to him prior to the subject public hearing. The public hearing was opened in connection with this item, and Mr. David Neish, appeared before the Planning Commission to represent the applicants. Mr. Neish explained that the applicants' presentation will consist of concerns expressed by area residents prior to the subject public hearing. He stated that Mr. Victor Regnier, Associate Professor of Gerontology and Architecture at USC will address the appropriateness of the site and the need for the use. He stated that Emily Headly, Vice President of Transamerica Retirement Properties, will address the concerns regarding the facility's operation. Mr. Neish addressed the previous senior care proposals that were submitted to the Planning Commission. He explained that subsequent to the approval of Use Permit No. 3312 by the Planning Commission on June 9, 1988, that the applicants withdrew the application prior to the City Council public hearing pending the adoption of the General Plan update. Mr. Neish stated that as a result of the previous opposition by the residents to the previous proposals, and the adopted General Plan, that the land use analysis that the applicants prepared considers floor area ratios, percentage of property that would remain in open • space, traffic and parking statistics. He stated that after completion of the study, the applicants considered uses such as restaurants, retail facilities, office 18- COMMISSIONERS ROLL CALL • • March 9, 1989 CITY OF NEWPORT BEACH facilities, hotel, residential, senior congregate care, and the proposed senior personal care facility. Mr. Neish explained that as a result of the study, the applicants decided that the senior personal care facility was the use they desired to pursue. Mr. Neish compared the proposed project to the foregoing Use Permit No. 3312, and he stated that there is a 25 percent reduction in the gross floor area, and a deletion of 23 units. He explained that the proposal consists of approximately 55,000 square feet, the footprint is 16,858 square feet, resulting in 63.2 percent of the site to be open space and landscaping. He stated that the westerly wing has been removed, the building has been reduced, and the setbacks have been increased at East Coast Highway and Hazel Drive. Mr. Neish explained that the proposed project complies with the adopted General Plan inasmuch as the General Plan recognizes the need for additional senior housing throughout the City. He stated that the Land Use Element of the adopted General Plan encourages property owners to build senior housing based on uses that attract a lower traffic generation. He explained that a low trip generation use may exceed the base floor area ratio of 0.5 up to a maximum of 0.75 floor area ratio. Mr. Victor Regnier, Gerontology and Architecture Professor at USC appeared before the Planning Commission on behalf of the applicants. Mr. Regnier stated that senior care facilities are often located on major streets similar to East Coast Highway for reasons that include a better access to public transportation for employees, and as an easy access for families and friends of the residents. He advised that the residents have a desire to be located in areas that include both a passive side such as the ocean, and the activity of an urban area. Mr. Regnier indicated that there is a need for senior housing inasmuch as the City consists of 10,000 senior citizens, 4,500 residents older than 75 years of age, resulting in four to five times the number of qualified applicants that is needed to fill the facility. Mr. Regnier commented that statistically 20 to 258 of the residents would move to the facility in Newport Beach so as to be closer to their children. Mr. Regnier concluded that the number of residents 75 years of age or older is growing eight times faster than the general public. - 19 - MINUTES INDEX COMMISSIONERS g \Oj� March 9, 1989 `c`�p CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX In response to questions posed by Commissioner Debay regarding residents who oppose a senior facility in their residential community, Mr. Regnier commented that residents are often concerned about the financial impact that a senior facility would have in the neighborhood, and also what the affect would be on the lifestyle of the neighborhood. In response to a question posed by Commissioner Winburn regarding the economic feasibility of "freestanding" senior facilities, Mr. Regnier indicated that there are a number of "freestanding" facilities throughout the State of California that are economically successful. He explained that the subject facility is designed to be financially viable considering the demand in the community for senior facilities. In response to questions posed by Chairman Pomeroy concerning the length of time of residency per apartment, Mr. Regnier replied that depending upon other alternatives, that the estimated tenure is from two and one -half years • to five years. Mr. Regnier further replied that the quality of life in a personal care facility is much better than in a nursing home, and he forecasted a great demand for similar facilities. Ms. Emily Headly, Vice President of Transamerica Properties Management, appeared before the Planning Commission on behalf of the applicants. Ms. Headly presented personal and management background information concerning the property management company that operates senior housing facilities exclusively. Ms. Headly explained that the personal care facility must adhere to numerous Government medical care regulations, and the facility is also controlled by the types of residents that the facility may admit. Mr. Neish reappeared before the Planning Commission to summarize the proposed project. He concurred with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner PersGn regarding Condition No. 41 which states that the facility shall be limited to a maximum of 85 units and 100 beds, Mr. Hewicker explained that the City could request that the applicant submit a report verifying the number of persons • or beds that are occupied on a semi - annual or annual basis. 20- COMMISSIONERS March 9, 1989 F� _��GP�no�iApy9C�'yQ� o'&. y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Mr. Neish advised that the applicants would be willing to produce reports to the Planning Department when the reports are submitted to the State of California. In response to questions posed by Commissioner Edwards regarding concerns that have been expressed by residents regarding, fire access along the southwesterly and western property lines, Mr. Hewicker and Mr. Neish explained that the Fire Department will be reviewing preliminary plans and final plans of the project and the applicants will be required to adhere to all of the recommendations by the Fire Department. In response to Commissioner Pers6n1s statements concerning the possible need for an increase in the number of parking spaces, Mr. Neish explained that there is ample parking for the facility; however, he said that the front garden and entry area could be converted to accommodate additional parking spaces. Mr. Neish requested that the Planning Commission approve the parking plan as submitted by the applicant with the option to review the available parking • periodically. Commissioner Pers6n asked if the applicants would accept a condition requesting that the garden area above the subterranean parking lot be constructed in such a manner that there would be an area for additional parking spaces if needed in the future. Mr. Neish advised that the area that the applicants had considered for additional parking, if needed, would be the landscaped courtyard area at the intersection of Hazel Drive and East Coast Highway. Commissioner Debay commented that Condition No. 45 states that the residents of the project shall not be permitted to own cars that are parked or stored on the subject property. Mr. Neish commented that the parking area would only be for the staff and visitors. In response to a question posed by Commissioner Winburn regarding the aforementioned analysis chart that was submitted by the applicants that is attached to the staff report, Mr. Hewicker replied that the applicants submitted the results of the analysis between October and December, 1988, for staff's review. Mr. Hewicker stated that staff was agreeable to the applicants' results after staff considered all of the uses and intensities that would be permitted on the site. • In reference to Condition No. 46 regarding an agreement binding the applicant to an elderly personal care facility, Commissioner Winburn asked if the applicant would agree to 21- COMMISSIONERS o oc��ie O�a� March 9, 1989 ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX limit the use to an assist care or personal care facility so the operation could not be converted into a congregate care or convalescent facility. Mr. Neish agreed to the request. In response to questions posed by Commissioner Debay, Mr. Neish stated that if the applicants constructed 20 residential units as an alternate use, that each unit would be marketed in the range of $750,000. to $1 million. The Planning Commission recessed at 8:50 p.m. and reconvened at 9:05 p.m. In response to a question posed by Commissioner PersGn regarding the height, bulk, and mass of the cupula portion of the project, Mr. Kermit Dorius, architect, appeared before the Planning Commission. Mr. Dorius explained that the height of the cupula that houses the elevator and stairway could be reduced; however, the cupula is the focal point of the project's design. • Commissioner Debay asked how the residents could be monitored to be assured that they would not park their automobiles on the adjacent streets. Mr. Hewicker stated that it would be necessary for the residents to park or store their automobiles at another location. Ms. Headly reappeared before the Planning Commission to state that assist living residents do not drive automobiles, and that is one reason why they move into this type of a facility. She stated that if a resident wanted to drive an automobile that the individual would move into a congregate care facility. Commissioner Winburn and Ms. Headly discussed the relationship of the individuals to each other who reside together, and if their would be an attendant that would be driving an automobile. In response to a question posed by Chairman Pomeroy regarding the 15 double occupancy rooms, Ms. Headly explained that the applicants are required to designate the maximum number of beds when they are applying for a license. Mrs. Marian Parks, 233 Morning Canyon Drive, appeared before the Planning Commission to address the following concerns. Mrs. Parks referred to Condition No. 43 that states that "Occupancy of the facility shall be limited to persons 62 years of age or older. (A younger spouse of a 22 _ . COMMISSIONERS March 9, 1989 Gay `u'pyCy\0\\ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX qualified resident may occupy the facility.) State law may further restrict occupancy to persons 62 years of age or older.", and she stated that the condition maintains that individuals other than what the applicants have indicated could reside at the facility. Mrs. Parks inquired if the facility will provide linen and laundry service, and if the operators of the beauty and barber shop have been included as a part of the staff. Mrs: Parks stated that no bus service would be provided for the evening and night employees after 8:00 p.m., and she indicated that inasmuch as it is nearly impossible for a van to make a "U" turn at the intersection of Seaward Road and East Coast Highway that the van would be required to drive through the Shorecliffs area so as to turn north at the signal at the intersection of Morning Canyon Road and East Coast Highway. Mr. Jon Christeson, applicant, appeared before the Planning Commission to address the foregoing concerns. Mr. Christeson advised that Condition No. 43 would not directly affect their operation, but that the condition is a standard requirement used by the City and tested by the • courts inasmuch as it is a valid age restriction. In response to a question posed by Commissioner Pers6n, Mr. Christeson stated that he would not be opposed to the deletion of "a younger spouse of a qualified resident may occupy the facility ". Robert Burnham, City Attorney, stated that provisions of the Unruh Act allow the City to establish conditions which require occupancy for persons of a certain age or more depending upon the size of the project. Mr. Burnham stated that he would have a concern if the foregoing statement were deleted inasmuch as it would be infringing upon the freedom of individuals who are otherwise qualified to reside in the establishment. Mr. Christeson stated that the residents' personal laundry needs will be performed on the premises, and that the beauty salon staff was not included as a part of the staff inasmuch as the operators would not be on the premises on a full time basis. He stated that the evening shift consists of ten employees and the late night shift consists of five employees, indicating that there would be adequate parking spaces if the employees drove automobiles. In reference to the "U" turn at Seaward Road and East Coast Highway, Mr. Christeson maintained that any business that would be located on the site would have the same difficulty, but that the subject facility would be making • the fewest "U" turns. In response to questions posed by Commissioner Pers6n, Mr. Christeson replied that the evening and late night employees could be picked up and 23 - COMMISSIONERS March 9, 1989 y° Fy Fy 4 9�m y'p yf aso y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX delivered to the Park and Ride facility located in Newport Center. Mr. Christeson stated that he would agree to a condition stating "that employees who travel on the bus when bus service is not available to the site would be picked up at Park and Ride facility in Newport Center." Mrs. Betty Felling, 309 Grand Canal, appeared before the Planning Commission to address concerns regarding the cost of emergency equipment to the City, emergency exits for the senior residents, and modes of transportation to the site by the visitors and employees. Mr. Hewicker commented that there are stringent emergency standards that need to be met in accordance with the Fire and Building Departments. Mr. Dick Nichols, representing the Corona del Mar Community Association Board of Directors, appeared before the Planning Commission to state that the Association unanimously opposes the proposed project, and he referred to the letter that they submitted to the Newport Beach City Council. Mr. Nichols objected to the commercial project extending into an R -1 residential area. Mr. Nichols proposed the subject site be developed for residential at six to 10 units per acre. He addressed the bulk of the project, that the building would be an imposing structure in Corona del Mar, that no service entrances have been provided and that there are no provisions for a trash dumpster, that there is not a service road access from East Coast Highway, and that the roof line would exceed the height of a residential development. Mr. Nichols stated that the Association did not study the proposed plans because the developers did not submit project plans to them. Commissioner Winburn and Mr. Nichols discussed a condition requesting that the facility be limited to personal care only. Mrs. Dottie Valentine, 307 Driftwood Road, appeared before the Planning Commission, to personally state her support of the project. As a member of the Board of Directors of the Shorecliffs Community Association, Mrs. Valentine stated that the Board of Directors met and voted on March 1, 1989, to not oppose the proposed project. In response to a question posed by Commissioner Winburn, Mrs. Valentine concurred that the Shorecliffs Community Association opposed the previous project. Mr. Lars DeJounge, 208 Marigold Avenue, appeared before the Planning Commission. Mr. DeJounge stated that there is a need for privately owned senior facilities in the -24- COMMISSIONERS o si " �• ��. March 9, 1989 F� Gy ? mGyyC 94 yo y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX community, and he emphasized that the need is going to become greater in the future. Mr. John Killifer, resident of Shorecliffs in Corona del Mar, appeared before the Planning Commission in support of the proposed project. Mr. Killifer stated that when restaurants were proposed for the subject site many years ago, the residents stated their concerns regarding "U" turns at Seaward Road and East Coast Highway. Mr. Killifer emphasized that there is a need for a senior housing facility in Corona del Mar, and for a "decent" development on the subject property. He stated that the subject site is ideal for the facility, and the disruption to the neighborhood would be minimal. Mr. Bill DeMayo, 511 Hazel Drive, appeared before the Planning Commission to state that his preference would be that the subject site consist of residential units. Mr. DeMayo pointed out that the proposed project will be in a view plane, and he requested that a condition be established that the trees on the property not be allowed . over the roof line. Mr. Christeson reappeared before the Planning Commission to state that the applicants would agree to the condition. Mr. Haskel Shapero, resident of Shorecliffs in Corona del Mar, appeared before the Planning Commission, to state his concern regarding the traffic impact that the project would have on the neighborhood during the summer when the residents will have many visitors. Ms. Kay Hull, resident of Shorecliffs in Corona del Mar, appeared before the Planning Commission to state her opposition to the proposed project. She stated that the opinion of the Shorecliffs Community Association Board of Director is not the opinion of all of the residents in Shorecliffs. Ms. Hull expressed her concern that if the facility is not properly fenced that the residents could' wander away from the facility. Ms. Headly reappeared before the Planning Commission to explain that staff will take a resident roll call at each meal. She stated that a member of the staff will escort any resident outside who needs assistance. She commented that the majority of the residents are individuals who are capable of taking care of themselves inasmuch as residents must meet that requirement before they are accepted by management to • reside at the facility. 25 - COMMISSIONERS March 9, 1989 Xysy o CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Mr. Jon Christeson reappeared before the Planning Commission. He stated that the project is proposed to have a fence that will be designed to blend in with the English Country Carden theme. He explained that the access points will be controlled, and that there will be two outdoor recreational areas away from the egress of the site. Mr. Christeson stated that the combination of staff supervision, the architectural design of the facility, and the entrance requirements of the residents should address the concerns regarding residents wandering from the site. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pers6n compared the proposed project to the previous projects that have come before the Planning Commission. He stated that he supported Use Permit No. 3312 that was approved by the Planning Commission on June 9, 1988, and he commented that the proposed development has been reduced from that project. Commissioner Pers6n indicated that the Planning Commission has the ability to • impose controls on the proposed project that are necessary to insure that the facility maintains itself, to be assured that it is properly operated, and to maintain a minimal impact on the commercial and residential communities. Motion * Motion was made to approve Traffic Study No. 54 and Use Permit No. 3342 subject to the findings and conditions in Exhibit "A ", including the following modifications and additions to the conditions: Modify Condition No. 41: add "The applicant shall provide to the Planning Department a copy of the report that is submitted to the State of California indicating the number of individuals residing on the premises, and the number of available beds." Add Condition No. 49: "That this facility be operated only as a personal care facility as is currently described to the Planning Commission." Commissioner Winburn suggested that "or similar use with the same trip generation characteristics which" be deleted in Condition No. 46, and that Condition No. 46 be modified to state "...binding the applicant and successors -in- interest in perpetuity to an elderly personal care facility, and shall be limited to an occupancy by persons 62 years of age or older. " Commissioner Pers6n explained that modified Condition No. 46 and added Condition No. 49 would require the applicants to come back to the Planning Commission for 26 - COMMISSIONERS a o ; o. ° March 9, 1989 ym 99 yy G� '�o�°y�? yGSyQ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX a modification if there would be any change in the operational characteristics to any other type of senior facility or any other type of residential facility. Add Condition No. 50: "That the height of trees on the site shall be restricted to the height of the building." The maker. of the motion explained that the height of the building does not include the height of the cupula. Add Condition No. 51: "That the cupula be substantially reduced in height." Add Condition No. 52: "That when bus service is not available to the employees of the facility, the applicant shall be required to provide van service to and from the Park and Ride facility in Newport Center." Add Condition No. 53: "That the garden area above the subterranean parking lot shall be constructed of building materials that will permit said garden area to be converted to additional parking spaces, if needed, in the future." • Commissioner Pers6n explained that if it is found by the Planning Commission that there is a need for additional automobiles on site that adequate parking spaces would outweigh the aesthetics of the project. Add Condition No. 54: "That the applicant shall submit an on -site parking survey to the Planning Commission, to commence six months after the date of the opening of the facility for a period of six months. The survey hours shall be determined by the staff. The survey shall consist of the number of automobiles onsite, the number of employees onsite, and the number of vehicles that are parked." Commissioner Debay stated that she concurred with the foregoing motion with the exception of Condition No. 51 regarding the reduced height of the cupula. Commissioner Di Sano stated that he would support the motion with the exception of Condition No. 51 as stated by Commissioner Debay inasmuch as the cupula maintains the theme for the project, and it is aesthetically pleasing. He stated his support of Use Permit No. 3312 as approved in June, 1988, and the proposed project. He commented that the applicants have been especially responsive to the needs and concerns of the people who have been supportive of the project, and the people who were not supportive of the 27 _ COMMISSIONERS MINUTES March 9, 1989 Gyy ��y �C.p�yQ CITY OF NEWPORT BEACH ROLL CALL INDEX project. Commissioner Di Sano emphasized that the residents of the City should be totally responsible for their own citizens through their senior years. Commissioner Pers6n stated that the cupula is 11 feet, or one story, taller than the maximum ridge of any other element in the project. He stated that the cupula could be reasonably reduced to be aesthetically pleasing. Discussion ensued between the Planning Commission regarding what they would consider a "reasonable" height reduction. Substitute motion was made and voted on to delete the Substitute foregoing Condition No. 51 regarding the height of the Motion * cupula, and to request that the height of the cupula remain Ayes as it exists on the plans that were submitted by the Noes * * applicant. MOTION CARRIED. Motion was voted on to approve Traffic Study No. 54 and Use Permit No. 3342, subject to the findings and conditions in All Ayes Exhibit "A ", as previously stated. MOTION 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 environmental impact. B. Traffic Study No. 54: Approve the traffic study with the following findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. The project, as proposed, will generate less traffic than the uses which currently exist on -site in the evening peak hour on a daily basis. 28 - COMMISSIONERS March 9, 1989 yy9 oy t�yoNyo . CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 3. The increased traffic in the morning peak hour is less than 108 of existing traffic on any approach leg of affected intersections. C. Use Permit No. 3342: Approve the use permit with the findings and subject to the following conditions of approval: 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, except the height of the proposed stair /elevator tower. 2. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use 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 building height will result in more public visual open space and views than is required by the basic height limit. 5. The building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 6. The building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces inasmuch as the project has provided increased setbacks from public streets and adjoining residential property. 7. The structure will have no more floor area than could have been achieved without the use permit for the building height. 8. 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 with the proposed development. 29 - COMMISSIONERS . o .off AN" G. BF March 9, 1989 $B 4 y0 s CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 9. That the use of tandem parking spaces in conjunction with a full -time valet parking service 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 modifications are consistent with the legislative intent of Title 20 of the Municipal Code. 10. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 11. That Section 13.05.010 of the Municipal Code requires that public improvements be completed in commercial areas prior to the issuance of Building Permits for a new structure. 12. That the sidewalk along East Coast Highway is the • only pedestrian access between the Shorecliffs Development and the business district of Corona del Mar on the southerly side of East Coast Highway. 13. That it has been demonstrated that the traffic to be generated by the proposed project will not exceed that which would be generated if the base traffic generation rate were applied to a project developed at the base floor area ratio. 14. That the projections of traffic to be generated by the project have been based on standard traffic generation rates generally applied to an elderly personal care facility. 15. That the proposed project is a single use development that will be restricted to an 85 unit (100 bed) elderly personal care facility upon which the traffic equivalency was based. 16. The proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. • 17. The increased floor area ratio will not result in significant impairment of public views. 30- . COMMISSIONERS o ; 1`01 March 9, 1989 F� ymG�F 90 � OX yP' CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 18. That the site is physically suitable for the floor area proposed, considering that a 0.5 F.A.R. office or retail use with an additional 0.25 above grade structure parking could be constructed on the site which would contain approximately the same building floor area and building bulk as the proposed project. 19. The approval of Use Permit No. 3342 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. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, elevations and sections, except as noted below. 2. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improve- ments prior to issuance of a grading permit. Any modifications or extension to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 3. That all improvements be constructed as required by ordinance and the Public Works Department. 4. That a standard use permit agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to comple- tion of the public improvements. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer and shall be modified in the following manner: a. Access to the subterranean parking area shall be a minimum of 24 feet wide. 31- COMMISSIONERS NO\ March 9, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX b. Parking shall not be permitted within the circular motor court so as to provide required emergency vehicle access to the project. C. That the planter at the center of the circular motor court shall be redesigned to Fire Department standards. d. That the driveway design shall conform to Sight Distance Standard Plan 110 -L. e. That the proposed drives and ramps shall not exceed a 15 percent slope with change of grade not to exceed 11 percent. f. A minimum five foot wide sidewalk shall be provided on the west side of the driveway. 6. That an access ramp be constructed per City Standard No. 181 -L at the intersection of East Coast Highway and Hazel Drive; that unused drive aprons be removed and replaced with curb, gutter and sidewalk along the East Coast Highway and Hazel Drive frontages; and that all deteriorated portions of curb, gutter and sidewalk be reconstructed along East Coast Highway and Hazel Drive frontages. 7. That all work within the East Coast Highway right - of -way be completed under an Encroachment Permit issued by the California Department of Transportation. 8. That the intersection of the East Coast Highway and drives be designed to provide sight distance for a speed of 40 mile per hour. Slopes, landscaping, walls and other obstruction shall be considered in the sight distance requirements. Landscaping with the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be approximately modified at non - critical locations, subject to approval of the Traffic Engineer. 9. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer • facilities will be available for the project. Such 32 - COMMISSIONERS o o� ;� March 9, 1989 �G�9o99y�yy�, �Z �Z``�'� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX demonstration shall include verification from the City's Utilities Department and the Orange County Sanitation District. 10. County Sanitation District fees shall be paid prior to issuance of any building permits. 11. That a minimum of 40 offstreet parking spaces shall be provided for the proposed development. 12. Construction shall meet the requirements of the UBC and the California Administrative Codes - Titles 19 and 24. 13. Fire Department access shall be approved by the Fire Department. 14. The entire building shall be sprinklered. 15. The building shall be equipped with smoke detectors and a fire alarm system. • 16. All exit stairways must lead to an exit path that is continuous to a public way. 17. Access to the building for Fire Department use shall occur at each exit point and the main lobby. 18. A Class I standpipe shall be required at locations to be designated by the Fire Department. 19. Consideration of the use of ramps and exiting may have to be given in building design if non - ambulatory residents occupy the building. 20. The planter shown on the site corner at East Coast Highway and Buck Gully shall not exceed 24 inches in height. 21. That valet parking service be provided at all times. 22. That all employees shall park their vehicles on -site. 23. That all mechanical equipment and trash areas shall be screened from Hazel Drive, East Coast Highway and adjoining properties. • 24. That all signs shall be in conformance with the provision of Section 20.06.050 A3 of the Newport 33 - COMMISSIONERS March 9, 1989 X99 oy�9yo CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. This shall not preclude the applicant from requesting a modification for the size, number and location of proposed project signs in accordance with Section 20.06.100 of the Newport Beach Municipal Code. 25. That any proposed landscaping adjacent to the public right -of -way be approved by the Public Works Depart- ment. 26. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the instal- lation of landscaping with the proposed construction schedule. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. • 27. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department and Public Works Department. 28. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a Licensed Electrical En- gineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 29. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 30. That the 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. 31. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. -34- COMMISSIONERS �y9 S `C Os o March 9, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 32. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 33. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 34. That grading, excavation and recompaction of the site shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering 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 Department. 35. That any roof top or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line. 36. That units shall be sound attenuated to a maximum of 45 dBA CNEL for the interior living areas and 65 dBA CNEL for exterior living areas associated with individual units, as measured from the area expected to experience the highest sound levels. Measurement and certification of compliance with this condition shall be completed prior to the issuance of the Certificate of Occupancy by a registered engineer practicing in acoustics. 37. The excavation area shall be fenced to prevent safety hazards during the grading and building phases. 38. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. 39. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self 35 - . COMMISSIONERS i o March 9, 1989 01A\11 � CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. One handicapped sign on a post shall be required for each handicapped space. 40. That the Public Works Department plan check and inspection fee shall be paid. 41. That the facility shall be limited to a maximum of 85 units and 100 beds. The applicant shall provide to the Planning Department a copy of the report that is submitted to the State of California indicating the number of individuals residing on the premises, and the number of available beds. 42. That it is the intention of this use permit to constitute the official zoning of the subject property in accordance with Title 20 of the Municipal Code, the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan and said use permit shall run with the life of the property or until such time as the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan are amended. 43. Occupancy of the facility shall be limited to persons 62 years of age or older. (A younger spouse of a qualified resident may occupy the facility.) State law may further restrict occupancy to persons 62 years of age or older. 44. Ancillary commercial uses in the structure shall be for the use of residents and their guests only and shall not be available to members of the general public. 45. That the residents of the project shall not be permitted to own cars that are parked or stored on the subject property. 46. Prior to issuance of Building Grading Permits, the applicant shall enter into an agreement, the form and content of which is acceptable to the City Attorney, binding the applicant and successors-in- interest in perpetuity to an elderly personal care facility and shall be limited to an occupancy by persons 62 years of age or older. The only exception shall allow co- occupancy by the spouse of a qualified 36 - COMMISSIONERS y o C s CITY OF NEWPORT BEACH March 9, 1989 MINUTES ROLL CALL INDEX person. Restrictions shall be placed on the deed and in any other suitable binding document consistent with the provisions of the above agreement. 47. That the proposed project shall be subject to the approval of the Coastal Commission. 48. The Planning Commission may add and /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. 49. That this facility be operated only as a personal care facility as is currently described to the Planning Commission. . 50. That the height of trees on the site shall be restricted to the height of the building excluding the height of the cupula above the main roofs of the structure. 51. That when bus service is not available to the employees of the facility, the applicant shall be required to provide van service to and from the Park and Ride facility in Newport Center. 52. That the garden area above the subterranean parking lot shall be constructed of building materials that will permit said garden area to be converted to additional parking spaces, if needed, in the future. 53. That the applicant shall submit an onsite parking survey to the Planning Commission, to commence six months after the date of the opening of the facility for a period of six months. The survey hours shall be determined by the Planning Department staff. The survey shall consist of the number of automobiles onsite, the number of employees onsite, and the number of vehicles that are parked. 37 - COMMISSIONERS f� o aF$te o.oF March 9, 1989 y ` N CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX A. Use Permit No. 3076 (Continued Public Hearing) Item No.6 UP3076 Request to review a previously approved use permit which permitted the establishment of the Newport Landing Restaurant with on -sale alcoholic beverages and live entertainment on property located in the C -1 District. UP3122A LOCATION: Parcel 1 of Parcel Map 196 -38 (Resubdivision Approved No. 765), located at 503 Edgewater Place, on the southeasterly corner of Edgewater Place and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Douglas L. Salisbury, Irvine OWNER: Same as applicant AND B. Use Permit No. 3122 (Amended) (Continued Public Hearing) Request to review a previously approved use permit which permitted the construction of the Edgewater Place complex, including the Parker's Seafood Grill with on -sale alcoholic beverages and live entertainment, and the Edgewater Place parking structure on property located in the C -1 District. LOCATION: Lots 1 -3, 7 -12, an unnumbered lot, all in Block 3 of the Balboa Bayside Tract; Lots 22 and 23, Block A. of the Bayside Tract, located at 309 Palm Street on the northerly side of East Bay Avenue between Palm Street and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Michael B. Divaris, Virginia Beach, Va. OWNER: Same as applicant Commissioner Pers6n stepped down from the dais because of a possible conflict of interest. James Hewicker, Planning Director, stated that the issues • concerning the City Council and the Planning Commission with respect to the operation of the subject facilities are employee parking, live entertainment, the price that customers have been charged in the parking structure and 38 - COMMISSIONERS q ���t` o a� March 9, 1989 ZmG� 9o99�y� q� y� � 0 y � 510 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX the affect that the parking has on the immediate community, provisions for handicap parking, outdoor loudspeakers, and noise that may have been caused by the sport fishing operator. Mr. Hewicker stated that staff has addressed said issues with Mr. .Divaris, owner of the Edgewater Place complex including the Parker Seafood Restaurant, and Mr. Doug Salisbury, owner and operator of the Newport Landing Restaurant. Mr. Hewicker advised that within sixty to ninety days a program will be completed where the top floor of the parking structure will be dedicated to parking for all of the employees on the premises. He commented that permit and administrative programs will be inaugurated for the employee parking. Mr. Hewicker stated that the outdoor loudspeakers have been removed by the restaurants. He said that Mr. Salisbury has informed the sport fishing operators the concerns regarding noise. In reference to the price that the customers have been charged to park in the parking structure, Mr. Hewicker stated that the cost is currently being discussed and staff will report back to the Planning • Commission within ninety days what has been negotiated. Mr. Hewicker referred to the revised handicapped parking plan that was approved by the City's Traffic Engineer, and was submitted to staff by Mr. Salisbury. Mr. Hewicker referred to the staff report's reference to three handicapped parking stalls, whereas the previous handicapped parking requirement was five parking stalls. He explained that an individual at the State level waived one handicapped parking stall, and he requested that a letter be submitted to the Planning Department from an individual at the State level who has the authority to waive handicapped parking stalls to verify the number of required parking stalls. He indicated that the interim handicapped parking plan has three parking spaces, and according to the Planning Department there should be one additional handicapped parking space, if one such space is waived. Mr. Hewicker suggested that the conditions pertaining to live entertainment should be uniform for the two restaurants. He stated that no sound should project outside of the building, and that it is the responsibility of the businesses and management to advise the groups that provide • live entertainment, that the noise and live entertainment is a problem in the community and it is up to the groups to keep the noise level down. 39 - COMMISSIONERS I March 9, 1989 � . y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Mr. Hewicker read a letter from the noise consultant regarding suggested courses of action that could be taken by the City to reduce the noise emitting from the restaurants. The letter read "that the permittee shall retain a noise consultant to be approved by the Planning Director, to determine the maximum interior noise level that will permit compliance with conditions regarding exterior noise, and the permittee will maintain interior noise at or below the level necessary to insure no exterior noise. The study shall be conducted at the permittee's expense. In the event that the City determines that interior noise levels have been exceeded as a result of the study, on one or more occasion, the limits as determined by the noise consultant, permittee without further hearing shall install an interior noise monitor that sounds an audible alarm whenever noise exceeds a maximum level for 15 seconds or more. The noise monitor shall be approved by a noise consultant, retained by the permittee, and approved by the Planning Director." The equipment would cost approximately $10,000.00. If problems continue, Mr. Hewicker stated that there is a suggestion that the permittee shall install a $20,000.00 monitoring device that has a printout. In response to a question posed by Commissioner Edwards, Mr. Robert Burnham, City Attorney, stated that the Planning Commission has to select the exterior noise that it feels is appropriate. He explained that the purpose of employing a noise consultant is to measure the noise at various interior levels to determine how loud the noise has to be inside before determining the noise level outside. Mr. Hewicker explained that the exterior noise level would not take into consideration the opening of doors to and from the deck by employees and customers. Chairman Pomeroy indicated that it was his intent that the noise would be monitored during the evening and night hours when the noise travels across the bay and disturbs the neighbors, and not on a summer weekend afternoon when customers are enjoying the ambiance of music and the outdoors. Mr. Hewicker advised that the conditions as they are currently written do not take into consideration the time of day, or season. Mr. Burnham advised that the noise consultant will be able to produce the results of noise at certain times of day, days of the week, and at certain locations, and as a result the Planning Commission has the • authority to amend conditions that are suitable to the occasion. -40- COMMISSIONERS March 9, 1989 ya°+t��p9 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Di Sano and Mr. Burnham discussed the adoption of a Noise Ordinance similar to other cities within Orange County, and suggestions of noise concerns that the Planning Commission would wish to have implemented. Commissioner Di Sano referred to proposed Condition No. 60, Use Permit No. 3076 (Newport Landing) that states "It shall be the responsibility of the restaurant operator to inform the live entertainment groups as to the necessity to limit the volume of their music and singing so as to not intrude on the surrounding residential areas. ", and he stated that said condition, if adopted, would allow the Planning Commission additional time to review the noise issue. Commissioner Debay suggested a condition stating that the applicants would be willing to abide by a Noise Ordinance that may be adopted at a future date. In response to a comment posed by Commissioner Edwards regarding reviews of the subject applications, Mr. Hewicker explained that the purpose for a review in June, 1989, is to evaluate the establishments before the summer season, and then to reevaluate the establishments after the summer • season in September, 1989. Mr. Hewicker advised that the concerns regarding noise could be resolved during that period of time. Chairman Pomeroy commented that the activities in the vicinity of at the Fun Zone are unique to the rest of the City. Commissioner Di Sano concurred that the noise issue could be delayed inasmuch as there are proposed conditions that could be currently implemented. Commissioner Winburn stated that the noise issue could be delayed until June which would give staff additional time to work out the elements required for the noise monitoring. Commissioner Edwards concurred. The public hearing was opened in connection with this item. Mr. Jerry King, J. A. King & Associates, appeared before the Planning Commission on behalf of the applicants. Mr. King stated that the applicants have addressed the concerns as explained previously by Mr. Hewicker. Mr. King stated that there have been two documented noise complaints during the past three years when the restaurants enlisted reggae music groups. He stated that the restaurants responded to the neighbors' complaints by dismissing the reggae groups. Mr. King requested that the Planning Commission delay action pertaining to noise constraints until this summer • inasmuch as the restaurants are under new management, and the management has requested that they be given the opportunity to address the noise issue. -41- COMMISSIONERS March 9, 1989 tim 9 9 y 9d� Gi CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Mr. King stated that Mr. Ron Mentzer was the State representative who tentatively waived one handicap parking space. Mr. King referred to Condition No.. 49, of Use Permit No. 3122, as approved by the Planning Commission on May 9, 1985, which states that "The applicant shall bond for a period of two years after occupancy an amount sufficient to cover the costs of providing a left -turn lane on East Balboa Boulevard. Said lane to be implemented if determined to be necessary through a review by the Public Works Department." Mr. King stated that Mr. Salisbury's letter dated March 3, 1989, to Rich Edmonston, Traffic Engineer, addresses the condition, and in summary, Mr. Salisbury said that "at such time as the City determines the left turn lane at East Balboa Boulevard and Adams Street is not necessary, 18 additional parking spaces will be available in the parking structure, a portion of which will be used to provide two handicap parking spaces in the parking structure." Mr. King stated that until the condition is conclusive, three handicapped parking spaces are available on the Newport Landing Restaurant site for the entire complex; however, a suitable location is still • necessary for the fourth handicap parking space. Mr. King stated that the applicant has requested a delay for the fourth handicap parking space until September, 1989, to see if the fourth handicap parking space could be located in the parking structure. Don Webb, City Engineer, stated that the three handicap parking spaces to the rear of the Newport Landing Restaurant, as proposed, are only interim parking spaces. Mr. Webb explained that if handicapped parking spaces are proposed for the parking structure, it would require the removal of four stacked parking spaces, and an elevator to assist the handicap person to exit the raised parking structure to the ground level. In response to a question posed by Commissioner Winburn regarding the aforementioned Condition No. 49 of Use Permit No. 3122, and if a decision would be made by the City by September, 1989, Mr. Webb replied that the City will be reviewing the traffic in the area for one more summer. In response to questions posed by Commissioner Merrill, Mr. Hewicker explained that if the applicant is unable to obtain the required number of handicap parking spaces that the operation of Edgewater Place and the Newport Landing • Restaurant would be affected. Commissioner Merrill 42 - . COMMISSIONERS g o .off ;0 o' oin March 9, 1989 %G �N X99 9A P.0 It .0.0 A 0 ` N CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX suggested the fourth handicap parking space be installed on an interim basis, in the adjacent unimproved parking lot across Adams Street. Mr. King stated that if the owner is required to provide the fourth handicap parking space in the delivery area to the rear of the Newport Landing Restaurant where the previous handicap parking space was located, then the parking space would interfere with the operation of the restaurant. In response to a question posed by Commissioner Merrill regarding the unimproved vacant lot across Adams Street from the Newport Landing Restaurant, Mr. King explained that restaurant patrons do not use the parking lot inasmuch as it is reserved for the property owner's rental units and persons who have boat slips at the front of the property. Mr. King stated that Mr. Salisbury has contacted the property owner of the parking lot at East Bay Avenue and Adams Street concerning parking in that location until the parking in the parking structure has been resolved. • Commissioner Winburn, Mr. King, and Mr. Webb discussed the accessibility for handicap persons to handicap parking spaces adjacent to the buildings and parking structure, and the difficulty to move the automobiles in said areas. Mr. James Reed, Attorney representing Edgewater Place, (i.e. Use Permit No. 3122) appeared before the Planning Commission. Mr. Reed advised that the present owners have been managing Edgewater Place and Parker's Seafood Grill less than one year, and that they are attempting to work with the management of the Newport Landing Restaurant to resolve any problems that have occurred. In reference to concerns regarding handicap parking spaces and the management of the parking structure, Mr. Reed stated that the parking structure has been under - utilized. However, he stated that to allow one handicap parking space in the parking structure would eliminate four prime parking spaces and an elevator would have to be installed, and management is currently objecting to that proposal. Mr. Reed stated that the diners at Parker's Seafood Grill will be receiving validated free parking as soon as possible. He indicated that the management will be contacting the City regarding better access to the parking structure. • Mr. Reed and Commissioner Winburn discussed the required five handicapped parking spaces to be provided for the Edgewater Place Development and the Newport Landing 43- COMMISSIONERS MINUTES March 9, 1989 y�G 9o99�yP yti.yk . CITY OF NEWPORT BEACH ROLL CALL INDEX Restaurant. Commissioner Winburn commented that the parking structure fee is too high. Mr. Reed responded that the operators are willing to make a compromise regarding the fee, but the cost cannot be compared to the Municipal Parking Lot fee at the Balboa Pier. Mr. Reed explained that a revised parking structure fee has been delayed because of the constraints under the Chapter 11 Bankruptcy Law; however, he said that a decision should be made by the June 8, 1989, Planning Commission public hearing. Discussion ensued between the Planning Commission and Mr. Hewicker regarding the required five handicap parking spaces originally approved by the City Council and the Planning Commission, and it was a unanimous opinion that any problems that may be occurring between the two sites should not interfere with the City's requirements. Mr. Reed advised that the applicant concurs with Conditions No. 82, No. 83, and No. 84, of Use Permit No. 3122, as suggested by staff. Mr. Reed emphasized that the applicant has addressed the City's concerns and that they will • continue to do so. Discussion ensued between Commissioner Di Sano, Mr. Reed, and Mr. Burnham, regarding the affect that Chapter 11 would have on the approved use permit. Mr. Reed stated that the applicant will abide by the proposed conditions in addition to the approved conditions of Use Permit No. 3122, and he asked if the subject public hearing could be continued to June 8, 1989, as opposed to re- advertising the public hearing. Mr. Hewicker explained that it would be in the public interest to re- advertise the June 8, 1989, public hearing, and the Planning Commission concurred. Mr. Douglas Salisbury, applicant, appeared before the Planning Commission, on behalf of the Newport landing Restaurant (i.e. Use Permit No. 3076). Mr. Salisbury explained that the restaurant has been in operation for over three years. He said that there were two documented resident noise complaints in September, 1988, as reported to him by Greg Armstrong of the Police Department on December 12, 1988. Mr. Salisbury explained that after he was contacted by Mr. Armstrong that he immediately responded to said complaints, and that he has demonstrated • to the neighborhood that he would adhere to their concerns. -44- . COMMISSIONERS �m .. March 9, 1989 m 9 9 y y ay ,�'oyy� yo yo CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Mr. Salisbury commented that he would object to the high cost of the installation of the noise monitoring equipment, if it was deemed necessary by the City. Mr. Salisbury stated that he is willing to cooperate with the management of Parker's Seafood Grill, that the loudspeakers have been removed, that the musicians have been informed of the noise restrictions, and that the restaurant is keeping the doors closed. Mr. Salisbury pointed out the three noise conditions restricting noise levels that were previously approved, and he stated his objections to revised Condition No. 51 of Use Permit No. 3076. Discussion ensued between Mr. Salisbury, the Planning Commission, and staff, regarding revised Condition No. 51 compared to the previously approved Condition No. 51 of Use Permit No. 3076. The Planning Commission explained that the purpose of the revised Condition No. 51 is to apply the same condition to the Newport Landing Restaurant and Parker's Seafood Grill, and that the revised condition does not substantially change the requirement. Mr. Burnham commented that there is a possibility that all of the noise conditions could be modified by the June 8, 1989, Planning Commission meeting. He advised Mr. Salisbury that the noise condition that will have the most concern to the Planning Commission and that could affect the restaurant would be Condition No. 58 of Use Permit No. 3076 which states "That noise emanating from the structure shall not exceed 65 db CNEL at the property lines." Mr. Bob Schrimaer, 407 East Edgewater Place, appeared before the Planning Commission. He stated that the inadequacy of the parking structure's operation has created an overflow of parking onto Adams Street and Cypress Street, which has interfered with the parking in the residential neighborhood. Mr. Shrimaer stated that he thought that a use permit was approved for the parking lot at the corner of East Bay Avenue and Adams Avenue during the construction of Newport Landing; however, he requested that it remain as residential. Mr. Shrimaer stated that more than two noise complaints have been made by the neighbors, and the noise is much worse during the summer months. Mr. Greg Armstrong, Police Department's Environmental Services Coordinator, appeared before the Planning Commission to present a report regarding the noise complaints. Mr. Armstrong stated that he spoke to Mr. -45- COMMISSIONERS MINUTES \OA' M arch 9, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX regarding the noise complaints. Mr. Armstrong explained that when the Police Department received noise complaints during the summer months, that a police officer would be sent to the restaurant to quiet the music. Mr. Armstrong stated that he was personally contacted by a resident residing on South Bay Front on Balboa Island, at 11:00 a.m. on September 12, 1988, that there was a chronic music and patron noise problem coming from the restaurant site from 9:30 p.m. to approximately 12:00 midnight Wednesday through Saturday, primarily because the restaurant's doors and windows were open throughout the summer. This same resident had complained to the Police Department of the noise at 10:30 p.m. on September 9, 1988. He stated that the complaints that are on file, because the residents left their names for the record, include two complaints that were made on September 10, 1988 at 1:00 a.m., and one on September 14, 1988, at 11:30 p.m. He stated that he personally received a second complaint on September 15, 1988, at 9:00 a.m. from a resident on Balboa Island. Mr. Armstrong stated that it is difficult to determine exactly which restaurant the noise is emanating from but the Police • Department contacts the Newport Landing Restaurant because they kept their doors open to the deck area. Mr. Armstrong stated that he contacted the City's Code Enforcement Office by memo, and the restaurant's management to explain the noise complaints. He indicated that the Police Department receives the majority of restaurant noise complaints throughout the City during the summer months if the restaurants are adjacent to residential areas. Mr. Armstrong stated that when he contacted Mr. Salisbury regarding the noise complaints on December 12, 1988, that Mr. Salisbury was very cooperative. He commented that the residents have not made further complaints because there is less outdoor activity during the winter months. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion k Motion was made, voted on, and MOTION CARRIED to amend Use Ayes * * k k k Permit No. 3076 (Newport Landing) and Use Permit No. 3122 Absent * (Edgewater Place) as follows: -46- COMMISSIONERS k o o �" o• o� March 9, 1989 yoG�' ��N�,p9� 9.p 92 sit �+ 90 o�, O � $ ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3076 (Newport Landing) 37. (Revised) That the required number of handicapped parking spaces shall be provided within the designated parking area and shall be used solely for handicapped self parking and shall be identified with one handicapped sign on a post for each handicapped space. Said handicapped parking shall also be identified for the benefit of both the Newport Landing Restaurant and the Edgewater Place Development and said identification shall be subject to the approval of the City Traffic Engineer. 51. (Revised) That live entertainment in the restaurant shall be limited to a trio and that all music and live entertainment shall be confined to the interior of the building and all windows and doors of the • restaurant and lounge shall remain closed during such activities. 59. (New) That the applicant shall insure that the delivery of fuel for the fuel docks bayward of the site shall occur so as not to interfere with the use of the handicapped parking spaces located at the rear of the Newport Landing Restaurant. 60. (New) It shall be the responsibility of the restaurant operator to inform the live entertainment groups as to the necessity to limit the volume of their music and singing so as to not intrude on the surrounding residential areas. 61. (New) This use permit shall be reviewed by the Planning Commission at its meetings of June 8, 1989 and September 21, 1989 so as to insure full compliance with all conditions of approval. 62. (New) That no outdoor sound or paging system shall be permitted. -47- COMMISSIONERS N1 o�10 G� Gin March 9, 1989 $mG t'� 9N099'y� qy 9 yG y !! Os 0 • y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3122 (Edgewater Place) 82. (New) It shall be the responsibility of the restaurant operator to inform the live entertainment groups as to the necessity to limit the volume of their music and singing so as to not intrude on the surrounding residential areas. 83. (New) This use permit shall be reviewed by the Planning Commission at its meeting of June 8, 1989 and September 21, 1989 so as to insure full compliance with all conditions of approval and to review the applicant's pricing policy for the parking structure. 84. (New) That no outdoor sound or paging system shall be permitted. The Planning Commission recessed at 11:40 p.m. and reconvened at 11:45 p.m. Orange County Hazardous Waste Management Plan (Tanner Item No.7 Regulations) (Public Hearing) Request to recommend to the City Council approval of the Hazardous . Orange County Hazardous Waste Management Plan; and the Waste acceptance of an environmental document. Management Plan APPLICANT: City of Newport Beach Resolution The public hearing was opened in connection with this item, No. 1186 and because there was no one to appear before the Planning Commission, the public hearing was closed at this time. Approved Motion * Motion was made and voted on to adopt Resolution No. 1186, All Ayes and to recommend that the City Council approve the Orange County Hazardous Waste Management Plan and accept the Environmental Document as adequate. MOTION CARRIED. -48- . COMMISSIONERS March 9, 1989 CITY OF NEWPORT BEACH MINUTES ROLT CALL I I I I I I I I I INDEX Motion 1 I I* DISCUSSION ITEMS: Review of Y.M.C.A. Plans Request to review revised plans of the Y.M.C.A. facilities so as to determine if said plans are in substantial conformance with the plans approved by the Planning Commission. Commissioner PersSn made a motion to determine that the plans are in substantial conformance. Commissioner Winburn concurred. She stated that after reviewing the proposed project and taking into consideration that the applicant is a non - profit organization, that a traffic study would not be necessary. Chairman Pomeroy and Commissioner Di Sano concurred with the foregoing statements. Mr. Tony Banzuelo, architect, appeared before the Planning Commission to address the 3,000 square foot error, and the time lapse between 1983 when the project was approved to this date. Mr. Banzuelo stated that there is a possibility that the applicant will come to the Planning Commission to request an amendment to the variance regarding the height of the building. All Ayes I I I I I I I I The foregoing motion was voted on, MOTION CARRIED. Request to review and clarify the intent of portions of the Granny Unit Ordinance. Commissioner PersGn requested that the City Attorney amend the Granny Unit Ordinance to reflect that the primary residence shall be occupied by the property owner at the time the occupying permit is granted for the granny unit. Robert Burnham, City Attorney, suggested to provide for occupancy of the main structure by the property owner at the time the construction of the granny unit is signed off by the Building Department. • I I I I I I I I In response to Commissioner Edwards, Mr. Burnham stated that the Ordinance could be amended to state that the right granted by the use permit should not become effective until -49- Discussion Ti-em l Y.M.C.A. Item 2 Granny Uni Ordinance COMMISSIONERS o -y 0 March 9, 1989 �9 9 �yy� y0 yO y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX the property owner occupies the primary residence. No action was taken by the Planning Commission as this time. Discussion of the Planning Commission's current position Item 3 relative to the exclusion of staff recommendations in Planning Commission staff reports. Staff - Report Commissioner Di Sano suggested that the Planning Commission Recommenda- consider staff's recommendation in the staff reports tions inasmuch as the report would be consistent with other cities, it would clarify staff's position to the Planning Commission and to the applicant, and it would allow for a compromise between the parties. Commissioner Edwards, Commissioner Winburn, and Commissioner Pers6n agreed that it is the responsibility of the Planning Commission to analyze the staff report, and based on the information provided, the Planning Commission . has the ability to take the appropriate action. Chairman Pomeroy stated that the applicant should be entitled to staff's recommendation, and that the applicant should thoroughly be informed of the entire project. Motion * Motion was made and voted on to retain the Planning Ayes * * * * * Commission's present position. Noes Joint City Council /Planning Commission Meeting Item 4 The Planning Commission discussed the proposed items. CC/PC Meeting it �k ADDITIONAL BUSINESS: Motion * Motion was made and voted on to excuse Commissioner Edwards Edwards All Ayes from the March 23, 1989, Planning Commission meeting. excused MOTION CARRIED. ADJOURNMENT: 12:00 midnight Adjournmen GARY DI SANO, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 50 -