The URL can be used to link to this page

Home My WebLink About03/19/1998• Planning Commission Minutes March 19, 1998 4tegular Meeting - 7:00 p.m. 0 0 CITY OF NEWPORT BEACH Present: Commissioners Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams and Ashley - all present STAFF PRESENT: Sharon Z. Wood, Assistant City Manager Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Transportation and Development Services Manager Ginger Varin, Planning Commission Executive Secretary Minutes of March 5.1998: Motion was made by Commissioner Selich and voted on to approve, as written, the March 5, 1998 Planning Commission Minutes. Ayes: Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams, Ashley Noes: None Absent: None Abstain: None Public Comments: none Postina of the Agenda The Planning Commission Agenda was posted on Friday, March 13,1998 outside of City Hall. INDEX Minutes Approved Public Comments Posting of the Agenda City of Newport Beach • Planning Commission Minutes March 19, 1998 SUBJECT: Tim and Liza Goodell 508 29th Sheet (Continued from February 19, 1998) • Use Permit No. 3611 Amended The application is a request to permit the use of in -lieu parking on a city owned public parking lot located on 30th Street and Villa Way. Payment for the use of in -lieu parking will be used to meet a portion of the restaurant parking requirement. The request is due to the loss of a previously approved off -site parking arrangement required per Condition No. 8 of Use Permit No. 3611. This item has been withdrawn at the request of the applicant. SUBJECT: Activities Incorporated (Kathy Miller, applicant) 501 30th Street • Use Permit No. 3614 Request to establish a private banquet /conference facility in a space . formerly occupied by a full service restaurant. The operation will function as a banquet facility which will operate evenings, weekends and with limited weekday daytime operations for events such as private parties and weddings. The application would allow the following: • on -site sale and /or consumption of alcoholic beverages, • waiver of a portion of the required parking, • valet parking, • live entertainment and dancing. Commissioner Fuller recused himself from participation to avoid a conflict of interest. Ms. Temple noted that this item is a long term continuance from last year. The applicant, Ms. Kathy Miller, submitted a letter earlier in the week (indicated that pending trial yet to be resolved), requesting another continuance of this item. However, Tuesday that particular trial was concluded. The decision needs to be made by the Planning Commission for the continuance of this item that is still being made by the applicant. Staff's recommendations and conclusions remain the same as those transmitted in February of this year. The operation of the business, as allowed by the Planning Commission, has resulted in a number of violations of conditions of a number of special events permits. The staff report includes a report from the Police Department indicating violations to provisions of alcoholic beverage control regulations. Staff's recommendations remain the same, to deny the application. At ICI O Item No. 1 UP 3611 (A) Withdrawn Item No. 2 Use Permit No. 3614 Denied City of Newport Beach . Planning Commission Minutes March 19, 1998 Commission inquiry regarding denial of this permit, it was noted that the applicant: may continue to run catering business on the premises • sale of services is permitted (retail display and office space) It was noted that the denial precluded: • banqueting operations • public assembly- holding parties for special events for various groups • special event permits would be up to the City Manager Public Comment was opened. Kathy Miller applicant, 3328 Via Lido - stated she does not need a continuance and has no intention of obtaining a liquor license, only that she was attempting to honor her Christmas parties already booked prior to the denial of a catering liquor permit. She stated that her main objective is to use this facility for the schools which are state sponsored functions with hours of limitations as listed. She estimates that there will be 20 athletic /retirementbanquet or functions for schools, 15 proms and 5 winter • formals. There is no intention to serving, selling or having consumption of alcohol on property. She then apologized for any inconvenience she may have caused. She noted that her court date was Tuesday and it was for having an event without a permit because her last permit was denied due to her bringing alcohol in for her clients. The disposition was a misdemeanor that reduces to an infraction within one year, a fine of $5,000 and one year probation. At Commission inquiry, the applicant stated that during the 90 day probation period initiated by the Commission, she did not know that alcohol was not permitted. Therefore, she purchased alcohol, brought it in to the venue and distributed to her client(s) during the Christmas holiday period. The special event permit stipulated that there was to be no alcohol sold on the premises. Robin Ryan of the Fritz Duda Company at 3471 Via Lido - spoke in opposition to this application noting: • this proposed use would create further a negative impact associated with similar uses in the area • highly concerned about the negative impact on the parking lot and security at Via Lido Plaza • parking lot is posted as reserved for Via Lido Plaza tenants and patrons only • ongoing vandalism and theft within the parking lot • this use is in direct conflict with the BPPAC report which identifies this • specific kind of use as undesirable 3 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 Sgt. Mike McDermott, Newport Beach Police Department Vice commented that Ms. Miller, even after being advised that providing alcohol for her guests at that location be a violation of Section 23/300 of the Business and Professional Code both verbally and in writing, continued to do so. The investigation showed that there was a charge to the customers which was detailed on their bill. This was a willful violation of the Business and Professional Code at that time. If she is allowed to have banquets at this location, alcohol will continue to be served in one form or another based upon her past performance. The police had three different instances where it was determined that alcohol was served on the premises. Detective Greene, on at least one occasion, was present when he noticed that tickets were purchased by patrons and then exchanged for cocktails, which constitutes sales. Additionally, customers actually contracted and paid a set amount prior to the event for the alcohol to be provided, which is certainly sales. Don Gregory, 601 Lido Park Drive - stated that the conditions that caused this matter to be continued for ninety days are still present and may be more onerous than before. Noting his opposition, he expressed the following: • • why does a catering facility need to have live entertainment when the majority of the business is designed to service off -site events • proliferation of restaurants in the area • parking problems • noise will increase • buses park leaving the motors running for over half an hour • beer bottles strewn in sidewalks • intoxicated patrons in public Also speaking against this application for similar reasons stated Buzz Person, 507 29th Street - signs in street right of way for valet parking, never was it permitted to have valet parking Pam Plotkin- 509 31st Street Speaking on behalf of the application were: Ernie Villarreal, 307 North Gem, Anaheim - works for Activities, Inc. Maureen Kestana, 28 Seaside -works for Activities, Inc. Noting that: • there was no cash exchanged hands during the month of December when he worked for the applicant • alcohol was provided f or the client • the parking lot is private • short notice to cancel 4 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 • no indication that alcohol was prohibited during the 90 day trial period • miscommunication Commissioner Adams noted that the special event permit that was issued for the events on December 11, 12, 13 and 14 is specifically conditioned that the sale or service of alcoholic beverages for on -site consumption shall be prohibited. Public Comment was closed. Commissioner Adams noted that on November 20th, Commissioner Ridgeway made a motion to continue this application to February 19, 1998 and the operation to be accommodated through the use of special event permit(s) with the conditions and findings in Exhibit A and as amended by staff to be used for these special event permit(s). In the minutes, Exhibit A states, "The sale or service of alcoholic beverage for on- site consumption shall be prohibited unless an amendment to the use permit is first approved by the Planning Commission to allow for the establishment of a licensed alcoholic beverage service facility including a determination that the proposed use serves the public convenience and necessity." So, on November 20th, the applicant should have been fully aware that under no circumstances should alcohol be served at that • facility. The bus issue was also a concern noted at that meeting, the applicant said that the buses would be parked at a remote off -site area and would not affect the neighborhood. Motion was made by Commissioner Adams to deny Use Permit No. 3614 as provided for in Exhibit "A ". Ms. Temple noted an additional finding for denial be added to Exhibit A: The statement that, the applicant has disregarded regulations and state law regarding alcoholic beverage consumption. Commissioner Selich stated that from a land use point, the application is not compatible to this area. To bring that many people into the area in highly concentrated period of times, to bring buses on to streets that are small whether they go off site to park or not is inappropriate. Discussion continued to support the motion. With one abstaining, without objection and by show of hands, MOTION PASSED FINDINGS: 1. The approval of Use Permit No. 3614 will, under the circumstances • of the case be detrimental to the health, safety, peace, morals, S INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 E comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • Although the application does not include the addition of an alcoholic beverage license, staff believes the applicant's disregard for the regulations which relate to alcoholic beverage consumption will continue to the detriment of the neighborhood, which is located in an area with an over- concentrationof alcoholic beverage outlets. • The previous use or extension of off-site alcoholic beverage license holders is not within the legislative intent of the Municipal Code or the City Council Policy Guidelines. • Adequate parking is not available on -site for the proposed use and the resulting parking demand cannot be accommodated by the available on- site parking and will be detrimental to surrounding properties. • The potential for the occupancy of the facility to exceed the recommended limitations both daytime and in the evening has been increased by the expansion of the net public area which has already occurred within the facility. • Traffic and circulation problems created by the narrow streets in the area are exacerbated by the attendees arriving and leaving within a shorter period of time. • Noise impacts of the use will adversely affect the neighboring residential uses in the evening and nighttime hours. • The applicant has disregarded regulations and state law regarding alcoholic beverage consumption. SUBJECT: Bistango Restaurant (David Hohmann, applicant) 900 Bayside Drive • Use Permit No. 3619 • Traffic Study No. 113 • acceptance of a Negative Declaration To allow the construction of a full service restaurant and cocktail lounge with outdoor patio dining. The application includes: • a request to allow a modification to the Zoning Code to allow the INDEX Item No. 3 Use Permit No. 3619, Traffic Study No. 113 and Negative Declaration Approved City of Newport Beach • Planning Commission Minutes March 19, 1998 use of tandem parking in conjunction with valet parking service, • a request to waive a portion of the restaurant development standards specified by Section 20.82.040 of the Newport Beach Municipal Code, • live entertainment, • the sale and service of alcoholic beverages, and • continued service of alcohol after cessation of the regular food service before closing. Ms. Temple noted that this application would allow for the construction of a new restaurant on Bayside Drive next to the Pavilion's market, a site that was previously occupied by "Gladstone's for Fish ". The complete analysis of the project is contained in the original staff report prepared for March 5th. A subsequent report has been prepared based upon a revised site plan provided by the applicant prior to this meeting. A more recent site plan has been provided which addresses the parking lot and its internal circulation. As noted in the reports, the primary issues of staff's concern are the number and arrangement of parking spaces for the facility. The proposal is to provide the restaurant with one parking space for each fifty square feet of net public area which is the least amount of parking permitted by the Code for the Planning Commission to establish for such a • use. Staff believes this is an appropriate parking ratio for this operation given the nature of the restaurant's low turnover and the general operational characteristics limited by the conditions of approval. The primary concern with the original parking arrangement as well as the subsequent arrangement is the high number of tandem spaces used for valet service. The applicant has shown an aisle way through the parking lot which will provide internal circulation between the restaurant's parking lot and the adjoining parking lot for the supermarket and other stores. This should help with problems of ingress and egress. As indicated in the supplemental staff report, staff is of the opinion that the two valet parking spaces located along Bayside Drive should be removed. If removed, that would increase the number of spaces which could be used for self parking, which would be an important component of the project design. If the Commission supports this recommendation, it would require a further reduction of 100 square feet net public area. The new plan will allow for valet parking to be moved deeper into the property. At Commission inquiry Ms. Temple noted: • that there is no criteria in the Code to be used to evaluate the request to make a modification to approve tandem parking • there are a few restaurants along Mariner's Mile on Coast Highway that have an equally high level of valet spaces • hedges along the driveway will be trimmed back and will comply with the site distances standards • the noticing of this item was done within the 300 foot radius to owners • only 7 •II.111 City of Newport Beach • Planning Commission Minutes March 19, 1998 • the Newport Marina apartment tenants were not notified • there is no formal arrangement for a reciprocal easement agreement between the shopping center and the restaurant Public Comment was opened. Carol Hoffman, Vice President of the Irvine Company spoke on behalf of this application referencing an exhibit on the wall noted: • company renovated the center in 1986 which was built 1965 and has operated and maintained since then • location of a market, drug store, bank building and in -line stores • a restaurantwas intended for this location from the beginning • Bistango Restaurant is a high quality restaurant • there are two segments to the public's use of the restaurant parking lot - handicap location and valet parking with a covered walkway • operation relies on valet parking as preferred by patrons • all mechanical equipment is contained under the roof • there are two sections to the restaurant = one with an outside patio that is 950 square feet, enclosed with glass panels which extend three feet above the top of a two foot planter and covered with both • canvas umbrellas and wood trellis no open windows to the outdoor patio requested live entertainmentis totally enclosed within the building speakers allowed on the patio are for background type music only • requested hours of operation to 1:00 a.m. daily applies to the interior of the restaurant only • patio closes at 10:00 p.m. Sunday thru Thursday and 12:00 p.m. Friday and Saturday • driveway location at the rear of the project will allow true circulation into the center, with a reciprocal easement agreement between the shopping center and the restaurant- the parking spaces eliminated will be re- striped within the existing parking lot with a result of no net loss • a meeting was held at the request of the Irvine Apartment Community managementteam for the residents of Promontory Point- with notices sent to owners within a 300 foot radius • would be willing to have a meeting with any other resident groups as requested • trash enclosure, located to the rear of the restaurant, is adjacent to the retaining wall and will be screened with trash pick up prohibited between the hours of 10:00 p.m. and 8:00 a.m. • the site distance will be complied with for the hedges • the market will be contacted to review the revised site plan • Promontory Point was built in 1973 -75 with a restaurant operation in the center since 1965 • 8 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 At Commission inquiry, the applicant agreed to the following additional conditions: • no charge for valet parking • outdoor dining area enclosed by a five foot wall consisting of a landscape planter and glass panels • trash can not be taken to the dumpster after 9:00 p.m. The following people spoke in support of the application: Martha Kim, Promontory Point Peter Cunliff, 623 East Promontory (above the restaurant) Stuart Shrimpton, Promontory Point(above the restaurant) Noting: within walking distance well thought out plans never had a problem with previous restaurant operations The following people spoke in opposition of the application: Stanley Marlin, Promontory Point • Don Gregory, Via Lido Park Drive Gary Pomeroy, Promontory Point Joyce Henke, Promontory Point Annette Appleby, Promontory Point Noting: with no air conditioning, will not be able to open windows at night due to noise • a traffic light will be necessary to accommodate ingress and egress into the lot with the additional traffic • suggested that the live entertainment be conditioned to be inside only and to completely enclose the outdoor dining patio • use of restaurant is not compatible with the residences • noise will be a problem due to prevailing wind condition • tandem parking at night will add another noise element • reduction of hours to be 12:00 p.m. Friday and Saturday and 11.00 p.m. for the rest of the week • eliminate amplified music • restrict outdoor dining hours by 1 one hour • most residents at Promontory Point were not notified Staff noted that Coastal Commissioner requirements for noticing of renters is 100 foot radius and should reach some of the closer aligned tenants of Promontory Point and that there are seven restaurant categories in affect • now. 9 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 Public Comment closed. Commissioner Ridgeway noted that the restaurant is well thought out and the applicant has addressed and agrees to every sensitive issue presented. This is a high end operation. Motion was made to approve Use Permit No. 3619, Traffic Study No. 113 and acceptance of a Negative Declaration subject to the findings and conditions in Exhibit A. Chairperson Kranzley noted that the issue of noise is addressed in condition number 6 which includes any music emanating from the speakers. Condition number 3 addresses odors by the use of a high end, charcoal filtering system. Commissioner Adams noted the proximity to Newport Marina Apartments of the outdoor dining patio. There are conditions to address amplified music and the glass enclosure will help the situation. Should this be approved, if the restaurant does become a problem and affects the quality of life, let Commission know. Chairperson Gifford stated that this site is zoned to accommodate a restaurant and the proposal is for a very high quality restaurant. The • applicant has shown a great sensitivity to the neighborhood and in seeing the design and noting the conditions the applicant has agreed to supports this application. Commission has listened to the residents in Promontory Point, those that lived there during the time the site was previously occupied by a previous restaurant did not find it to be a problem. People who have recently moved there are apprehensive which is understandable. Commissioner Selich noted that in looking at the geography of Newport Beach, there is no place where a restaurant can be placed where it does not affect residential property. Commission has to evaluate these matters in a way that is properly conditioned and the two uses can co- exist. This is a well thought out concept except the original parking lot design. However, with the cut through in the driveway and the availability to use the shopping center parking, supports this application. Chairperson Kranzley asked that several additional and /or edited conditions that were presented and agreed to by the applicant, be added to Exhibit A: • no charge for valet parking • outdoor dining area enclosed by a five foot wall consisting of a landscape planter and glass panels • trash can not be taken to the dumpster after 9:00 p.m. • two valet spaces adjacent to the thirteen self parking spaces adjacent to Promontory be deleted commensurate reduction of a loss • of 100 feet in the net public area - after deliberation, this condition 10 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 was deleted due to the availabilityof the market shopping spaces. reciprocal easement agreement (REA) between the shopping center and the restaurant shall allow for shared ingress, egress and shared parking with each use meeting it's own parking requirement incorporate cut - through driveway north to the site hours of operation of the outdoor dining patio shall be limited to 10:00 p.m. Sunday through Thursday and 12:00 midnight Friday, Saturday and holidays Public comment was opened Ms. Carol Hoffman agreed on behalf of The Irvine Company and restaurant proprietorto the additional conditions. Without objection and by show of hands MOTION CARRIED- all ayes Exhibit A: A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following findings: • Findings: 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned, could have a significant effect on the environment; therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. Mitigation Measures: 1. That erosion and siltation control measures of the construction operations shall comply with the City Excavation and Grading • 11 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 • Code (NBMC Section 15.04.140 or applicable sections). That the project shall conform to the requirements of the National Pollution Discharge (NPDES) and shall be subject to the approval of the Public Works Department to determine compliance. 3. That adequate hood equipment with smoke and odor control capabilities shall be provided to serve the facility. Additionally, that the hood system shall include a charcoal filtering system for the control of odors and a grease collection system for the capture /removal of grease accumulation. The hood system shall be subject to approval by the Building Department and the Planning Director. The operator shall also provide for monthly cleaning and maintenance of the hood vents, ducting and filters. The operator shall keep a maintenance schedule on -site with appropriate record keeping of equipment servicing available for inspection by the Code Enforcement Division upon request. 4. That the operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be included within this requirement. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of That speakers located in the outdoor dining area of the restaurant or bar area shall be limited to no more than the noise level criteria specified in Mitigation Measure No. 4 above, and shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal • 12 INDEX interior exterior in xe terior Measured at the property line of commercially zoned Property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned - property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 5. That the doors and windows of the facility shall remain closed whenever live entertainment is performed within the restaurant facility. That speakers located in the outdoor dining area of the restaurant or bar area shall be limited to no more than the noise level criteria specified in Mitigation Measure No. 4 above, and shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal • 12 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 Code. Should any music emanating from the patio speakers or indoor live entertainment be heard across Bayside Drive or the property line of Promontory Point above, the patio speaker volume shall be reduced as determined by the Planning Director, to eliminate any noise impacts. Further, that the speakers shall not be utilized in conjunction with the sound system of the live entertainment or paging of patrons. The outdoor speakers will be utilized for ambient background noise effect and shall be limited to pre- recorded music only. That the applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. 8. That the project shall be designed to eliminate light and glare spillage onto adjacent properties or uses. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirement has been met. That prior to issuance of the certificate of occupancy or final of building permits, the • applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. That prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. B. USE PERMIT NO. 3619 Findings: That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial' uses and a restaurant is a permitted use within this designation. 2. That the proposed development will not have any significant environmental impact, based on information presented and incorporated into the negative declaration. 3. That the proposal includes no physical improvements which will • 13 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That public improvements may be required of the developer per Section 20.80.060 of the Municipal Code. 5. That Traffic Study 113 has been reviewed and approved by the Traffic Engineer and meets the requirements of the Traffic Phasing Ordinance. 6. That the purpose or intent of the restaurant development standards related to walls will not be achieved to any greater extent by strict compliance with those requirements for the following reasons: • Adequate employee parking will be provided on -site. • Walls in full compliance with the standards would adversely impact traffic circulation and access to the on -site parking spaces from Bayside Center. 7. The approval of Use Permit No. 3619 to allow the establishment of • the restaurant facility will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The restaurant use is compatible with the surrounding commercial and residential uses since restaurant uses are typically allowed in commercial districts and conditions of approval have been incorporated which will minimize lighting and noise impacts. • The issues related to access and site circulation have been adequately addressed by conditions of approval to prevent vehicle back -ups onto Bayside Drive. • That the limited hours of operation and use of outdoor patio speakers should limit potential noise impact on the neighboring residential uses. • No significant adverse traffic or circulation impacts are anticipated from the proposed project as determined by the project analysis in Traffic Study No. 113. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted • below. 14 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 2. That the hours of operation of the restaurant facility shall be limited to between 11:00 a.m. to 1:00 a.m., daily. That the hours of operation for the outdoor dining patio shall be limited to 10:00p.m. Sunday through Thursday and 12:00 midnight Friday, Saturday and holidays. Any increase in the hours of operation shall be subject to the approval of an amendment to this use permit: 3. That deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by an amendment to this use permit. 4. That one parking space for each 50 sq.ft. of "net public area" (80 spaces) shall be provided on -site. That a reciprocal easement agreement (REA) between the shopping center and the restaurantshall allow for shared ingress, egress and shared parking with each use meeting it's own parking requirement. 5. That all employees shall park on -site. 6. That the restaurant facility shall be operated in such a manner that valet vehicles will not be allowed to block access driveways. The • valet parking lanes operation shall be monitored at all times by the applicants' representatives at the site. If back -ups occur, the incoming customers shall be directed to bypass the facility. If a traffic congestion problem occurs on Bayside Drive related to the restaurant facility that is not immediately corrected, the Planning Commission may recommend to the City Council revocation of this Use Permit. 7. That a valet operating plan shall be reviewed and approved by the Traffic Engineer prior to the issuance of Building Permits. There will be no charge to customers for valet parking. 8. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flag -men. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 9. That a drainage study be prepared by the applicant and approved by the Public Works Department. Any modifications or extensions to the existing storm drain shown to be required by the study shall be the responsibility of the developer. 10. That a landscape and irrigation plan for the site shall be submitted to the Building Department in conjunction with plans for construction of the project and shall be approved by the Public • 15 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 Works and Planning Departments. That the outdoor dining area shall be enclosed by a five foot wall consisting of a landscape planter and glass panels. That prior to issuance of the certificate of occupancy or final of building permits the applicant shall schedule an inspection by the Code Enforcement Division to confirm installation of the landscaping specified by this condition of approval 11. The landscape planter areas shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition at all times. 12. That the operator of the food service use shall be responsible for .the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 13. That storage outside of the buildings in the front or at the rear of the property shall be prohibited. Standard Requirements • 14. That all signs shall conform to the provisions of the Municipal Code. 15. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishment, unless specifically permitted. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 16. That the proposed restaurant facility and related parking shall conform to the requirements of the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Building Department. 17. That all improvements be constructed as required by Ordinance and the Public Works Department. 18. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this use permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 19. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City • 16 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 Traffic Engineer in conjunction with the review of plans issued for building permits. Thata cut - through driveway north to the site shall be incorporated. 20. That the intersection of the private drives and Bayside Drive shall be designed to provide sight distance in compliance with the City's Sight Distance Standard 110-L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. The existing advertising sign be relocated behind the sight distance limited use area. Landscaping within the sight line shall not exceed twenty -four inches in height. 21. That dancing and live entertainment shall be permitted in accordance with a Cafe Dance Permit and Entertainment Permit issued by the Revenue Manager in accordance with Title 5 of the Newport Beach Municipal Code. 22. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergroundingis unreasonable or impractical. • 23. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to the storage of any combustible materials or the start of any structural framing. 24. That the project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 25. That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 26. That Coastal Commission approval shall be obtained prior to issuance of any building permits. 27. That a covered wash -out area for refuse containers and kitchen equipment shall be provided and the area drains directly into the sewer system unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 28. That all trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of • 17 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 neighboring properties except when placed for pick -up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and roofed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. That trash can not be taken to the dumpster after 9:00 p.m. 29. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 30. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 31. That this Use Permit shall expire unless exercised within 24 months • from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. C. TRAFFIC STUDY NO. 113 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 of the Newport Beach Municipal Code and City Policy L -18. 2. That the Traffic Study has been reviewed by the City Traffic Engineer and found in compliance with the Traffic Phasing Ordinance. 3. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major, "primary- modified; or'primary'street at any of the four intersections selected for evaluation by City staff and based on the characteristicsof the proposed development. 4. That the Traffic Study indicates that the project - generated traffic will be greater than one percent of the existing traffic during the 2.5 hour afternoon peak period at the intersections of East Coast Highway /Bayside Drive, East Coast Hwy. /Jamboree Road, and • 18 INDEX • City of Newport Beach Planning Commission Minutes March 19, 1998 Bayside Drive /Jamboree Road. Therefore, ICU analyses have been completed for these three study intersections during the PM peak hour. Further ICU analysis of the p.m. peaks for the intersection of East Coast Highway and Jamboree Road, which currently operates at a LOS C, are forecast to deteriorate one service level and operate at LOS D (ICU of 0.88). All three intersections are forecast to operate at LOS D or better during the PM peak hour. Commissiontook a five minute break SUBJECT: Biilo's Cafe (Dennis D'Alessio, applicant) 325 Old Newport Boulevard • Use Permit No. 3622 A use permit for a 650 square foot, 20 seat, full- service, small -scale eating and drinking establishment (coffee shop). The application includes a request for a waiver of all required off - street parking spaces. Commissioner Fuller confirmed with staff that the four parking spaces shown on the parking plot plan are located on City property. is Public Comment was opened. Dennis D'Alessio Jr. and Sr., 325 Old Newport Boulevard spoke on behalf of their application. They had asked for a waiver of parking due to the large lot located next door. The question came up as to how to approach this, with an encroachment permit or parking site plan. The Planning Commission indicated a requirement to provide and maintain a minimum of four off - street parking spaces. At Commission inquiry, the applicant stated he has read and agrees to the findings and conditions of Use Permit No. 3622, Commissioner Fuller confirmed that the applicant will pave only these four parking spaces with the ingress and egress to those spaces and that will be accommodated by an Encroachment Permit. Ms. Temple noted that if the conditions under which the use permit was approved should disappear, then the use permit would have to come back as a new application or the restaurant would have to cease operation. Assistant City Attorney Clauson noted that there were no foreseeable plans to turn that lot into a Municipal Parking Lot. If it would be, then included in the Encroachment Permit are provisions that the City could invoke its right to take over this use. At that time, it would be worked out • with whatever is available, i.e., an in lieu program or an additional 19 Item No. 4 Use Permit No. 3622 Approved . City of Newport Beach Planning Commission Minutes March 19, 1998 waiver. Public Comment was closed. Motion was made by Commissioner Selich to approve the Use Permit No. 3622 subject to the findings and conditions in Exhibit A. Without objection and by show of hands, MOTION PASSED. Findings: 1. That the Land Use Element of the General Plan designates the site for "Retail and Service Commercial' uses and a restaurant is a permitted use within this designation. 2. That the project is located within the Old Newport Boulevard Specific Plan District which permits eating and drinking establishments with the approval of a use permit. 3. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the • California Environmental Quality Act under Class 1 (Existing Facilities). 4. That the approval of Use Permit No. 3622 to allow a full- service, small -scale eating and drinking establishment will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City because the proposed coffee shop is compatible with the surrounding commercial and nearby residential uses since restaurant uses are typically allowed in mixed commercial /residential districts. 5. That the waiver of the required off - street parking spaces is mitigated by a parking management plan for the project site which provides for the constniction and maintenance of the necessary off - street parking on the public right -of -way property located south of the project site. Conditions: 1. A waiver of the 7 required parking spaces shall be permitted. 2. Prior to issuance of any building permits, the applicant shall execute an encroachment permit and accompanying encroachment 20 INDEX • City of Newport Beach Planning Commission Minutes March 19, 1998 agreement providing for the construction of a minimum of 4 parking spaces, including sufficient ingress and egress, on the City right -of- way property contiguous to the subject property. The encroachment permit and agreement shall also include any awnings, stairwells, drainage, landscape and hardscape improvements, parking signs, and related improvements. The final design of all improvements shall be subject to the approval of the Public Works Department, Planning Department and City Attorney's office. All parking improvements shall be completed prior to the issuance of any occupancy permits. 3. In the event that the City develops the City right -of -way property contiguous to the subject property as a municipal parking facility, the applicant shall provide a minimum of 4 off - street parking spaces by obtaining an in -lieu parking permit, if such is available from the City at that time. Any alternative method of providing the required 4 off - street parking spaces shall require an amendment to the use permit approved by the Planning Commission. 4. No live entertainment or dancing shall be permitted on the project • site. 5. No alcoholic beverages shall be sold or served on the project site. 6. The hours of operation shall be limited to 6:00 a.m. to 3:00 p.m. and any increase in the hours of operation shall be subject to the approval of an amendment to this use permit 7. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. SUBJECT: Shelton Residence (Robert Shelton, applicant) • General Plan Amendment 98 -1 (D) • Amendment 870 • LCP Amendment 49 Amendments to the General Plan and Local Coastal Program Land Use Plan and a prezone amendment which are necessary to annex a portion of a single family residential parcel that is located outside of the city limits. • Public Comment was opened and closed. PA Rem No. 5 GPA 98 -1 D A No. 870 LCP No. 49 Approved INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 Motion was made by Commissioner Adams to adopt Resolution No. 1462 recommending approval of an amendment to the Land Use Element of the Newport Beach General Plan and the Local Coastal Program Land Use Plan [GPA 98- ](D)] /LCP No. 49 and Resolution No. 1463 recommending approval of Amendment No. 870 to the City Council. Without objection and by acclamation, MOTION PASSED +k4 SUBJECT: Joe's Crab Shack (Crab Addison, Inc., applicant) 2607 West Coast Highway • Use Permit No. 3627 A request to allow a change in the operational characteristics of an existing restaurant to allow live entertainment involving singing and dancing performances by waiters and waitresseswith patron participation in associationwith amplified sound and music. The restaurant use is legally non - conforming since it was established prior to the requirement for a use permit. • Ms. Temple clarified that the staff's determination in regards to needing a use permit to allow the live entertainment was based on the full scope - amplified sound, singing and dancing, and encouraging patron participation by the waiters and waitresses. Don Atkinson, 1516 East Ocean Front attorney for Landry's, the operator of Joe's Crab Shack, spoke on behalf of this application. He noted the family history on the ownership of this site. He commented that the Crab Shack is a family restaurant that is used by locals. Continuing, the enthusiasm of the waiters and waitresses creates a terrific amount of noise. Therefore, the restaurant is attempting to resolve that issue with the windows being opened and closed as needed. Just because there was noise in the past, does not mean there will be in the future. He noted further: • Hours of operation authorized by the City be one half hour greater than posted at the door - someone who races across town can be served and thereby bad public relations is avoided. • Brunch time on Sunday be 9:30 a.m. • Use of megaphones • Operation of windows • Signs - opportunity for Modifications Committee determination • gas odor on occasion when windows are opened - have hired an engineer • asked that employees be allowed to park off site in the Municipal Parking Lot • a condition that there be a six month review during which the • 22 Item No. 6 UP No. 3627 Approved INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 neighbors concerns are addressed Commissioner Ashley clarified the closing hours requested as 10:30 p.m. Sunday through Thursday, and 11:30 p.m. Friday and Saturday. The applicant is requesting this as a matter of public relations. Commissioner Selich asked about the importance of having the garage door windows opened. Mr. Atkinson responded that the operator believes that the reason this operation has been successful is the windows. They are afraid if the windows are closed or taken away, it will go back to the revenues received during the old Landry days which did not make it a paying operation. The glass is not double paned, to his knowledge. Tom Collins, operator of 2607 West Coast Highway, apologized to the residents of Lido Island for the early noise pollution when the restaurant was first opened. In answer to Commission inquiry, he noted that if westerly winds are blowing strong the windows are generally closed. Chairperson Kranzley asked the applicant about the letter he received from the City dated July 29th addressing some of the issues. He asked when the battery operated bullhorns, sirens, etc. ceased to be used to • which he was answered in early August. Ms. Temple noted that after the initial correspondence, staff had an in department meeting with the owner and general manager on August 5th where issues and potential solutions related to the live entertainment, sound and sign program were discussed. At that time, the applicant was in disagreement with staff that the activities going on inside the restaurant did in fact constitute live entertainment. It was suggested that they should look at ways to ameliorate the noise but most particularly they needed to file the appropriate permits to authorize live entertainment on the premises. Until staff received a number of phone calls and correspondence in late September and early November, there was not a lot of interaction with the applicant or property owner. Public Comment was opened. Bill Kline, 101 Via Lido Soud - complimented staff on their thorough assessment of the issues. He noted that Joe's has been rather arrogant in their dealings with the community by disregarding the regulations, the permit process and out of conformance and compliance with many of laws which their competitors follow and prosper under. They disregard their neighbors when called about the noise levels and being.a nuisance and were unresponsive. When the restaurant was finally required to close the windows and cease use of bullhorns, etc. the noise level came down remarkably, however, there are still noise spikes. Leaving the windows opened would lead to continued complaints by the community and • 23 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 continued abuse of the regulations. Therefore the request by staff to close the windows permanently is entirely reasonable and fair. That is the only way the restaurant can meet the requirements of code and the intent of the code will be enforceable. Their history does not speak to good will to the community and their attitude does not require nor demand any special considerations. He concluded stating that the windows should be closed permanently and is not supportive of a trial operation as requested by the attorney. The following people spoke in opposition for similar reasons stated above: Martin Weinberg 100 Via Lido Nord - time certain for windows to be replaced, no sound amplification is needed, no financial suffering Don Gregory, 601 Via Lido Nord - residents have a right to peace of mind and the applicant has the right to do business, define live entertainment and enforce code Sheila Baker, Via Lido Nord -do not care what is done inside but close the windows so the residents do not hear it, no complaint about the entertainment but the complaint is that residents hear the entertainment which is obnoxious and offensive Robert Baker, Via Lido Nord - set a terrible precedence if this is allowed to • continue as is, restaurant has been cited at least eight times, opening windows has very little bearing on business Elaine Weinberg, 100 Via Lido Nord- every surface in restaurant is hard, no windows on other restaurants on Mariner's Mile are opened Speaking in support of this application: Tamara Kromm, 312 Amethyst employee of Crab Shack, spoke in favor of this application stating that the atmosphere is a family restaurant and the waiters and waitresses respond to the children to make it a fun experience. The families are the ones who want to see the entertainment. John Jordan, 18318 Patterson Lane, Huntington Beach spoke for this application stating that as manager who closes the restaurant six nights a week disagrees with some comments made. He stated that the windows are closed by sunset, 69% of clientele are residents, has been cited once for dancing on the tables but that was done by children and has not been cited any other time. He asked that the Commission vote in favor of this application. At Commission inquiry, Mr. Jordan said he would agree to having entertainment restricted until 6:00 p.m. or restricted to having windows permanently closed and allowed to have entertainment any time. Public Comment was closed. 0 24 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 Staff affirmed that George's Camelot has windows that are opened on the bay and, there are glass panels at Josh Slocum's patio that can be opened a few inches and that there are sliding doors on the third floor of John Dominis. However, the preponderance of restaurants have fixed Windows. Commissioner Ridgeway agrees with the staff report and that the restaurant can be run successfully with the entertainment but recommends that windows be permanently closed to keep the noise on the premises. Chairperson Kranzley, agreeing with what was said, stated he spoke with the president of Lido Isle Community Association and talked about what happens at Joe's Crab Shack. The president commented that they could do whatever they want, let them have fun, we just don't want to hear it on Lido Island. In speaking with the representative of the applicant, was told that the applicant was unwilling to go along with the condition to have the windows closed. Concluding, he noted that he is in favor of the conditions in the staff report. Commissioner Gifford, noted that the applicant appears to have • disregarded a number of regulations of the City, including the Sign Ordinance and has not made an effort to be cooperative with the community. The point is if you are not visiting the restaurant, you should not have to live the experience. There is no justification for asking the residents of the community to be dependent on the good will of this applicant who has not demonstrated a great deal of good faith. Motion was made to approve Use Permit No. 3627 subject to the findings and conditions in Exhibit A as modified. Mr. Atkinson, at Commission inquiry, stated that 90 days should be enough time to address the window issues. He asked about the employees parking off site and the additional time of operation. Commission discussion noted that: 90 days for window concern to be addressed with the understanding that the windows be permanently closed during that period of time • employees should be allowed to park off site and suggest that condition number 7 of the Standard City Requirements be deleted • the hours of operation as requested by the applicant be included Ms. Temple stated that altering condition number 7 of the Standard City Requirements could be done. In terms of the closing hour, staff has no objection to this request as it is less than most of the restaurants in the vicinity, and Sunday brunch is quite common. • Public Comment was reopened. 25 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 At Commission inquiry, Bill Kline representing the speakers, agreed that with the windows being fixed, the additional hours are reasonable. Commissioner Gifford noted that the sign issue is an existing sign code that needs to be addressed and brought into compliance. The verbiage of Condition No. 9 shall be ....... That the applicant shall comply with the Sign Code within 30 days. Motion now reads:. to approve Use Permit No. 3627 subject to the findings and conditions in Exhibit A with the following: • Delete Standard City Requirement Number 7 • Extend hours of operation by 30 minutes and if on Sundays decide to open for brunch it would be starting at 9:30 a.m. • Condition Number 9 now reads: "That the applicant shall comply with the Sign Code within 30 days." 90 days for window concern to be addressed with the understanding that the windows be permanently closed during that period of time Without objection and by acclamation, MOTION PASSED - All Ayes • Findings: That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational Marine Commercial' uses. Restaurants are a permitted use within this designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. The approval of Use Permit No. 3627 to allow the business to allow live entertainment and dancing will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, for the following reasons: • The restaurant use is compatible with the surrounding 26 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 commercial and residential uses since restaurant uses are typically allowed in commercial districts and conditions of approval and limited hours of operation have been included which should prevent problems associated with noise generated by the facility. The control of noise can be achieved by the limitations on the performance of live entertainment and dancing, by requiring the closing of all doors and windows during the performances, limiting the hours of entertainment, limiting the use of the speaker system and compliance with the provisions of the Municipal Code, Community Noise Ordinance. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That all applicable previous conditions of approval of Use Permit No. 3288 shall remain in force (dated August 20, 1987). • 3. That the hours of operation of the restaurant shall be limited to between 11:00 a.m. and 10- 10:30 p.m. Sunday through Thursday and 11:00 a.m. to 11:00 11:30 p.m. Friday, Saturday and Holidays. That in the event this applicant chooses, he may open for Sunday Brunch at 9:30 a.m. Any increase in the hours of operation shall be subject to the approval of an amendment to this Use Permit. 4. That the performance of live entertainment shall be limited to between the hours of 11.00 a.m. and 10:00 p.m., daily. 5. That the live entertainment and dancing shall be limited to waiter /waitress performances and patron participation in association with pre- recorded music only. The sound from these activities shall be confined to the interior of the restaurant and all doors and windows of the establishment shall remain closed during all performances, except when persons enter and leave by the main entrance of the facility. b. That the use of bull horns, megaphones, sirens and other sound amplification equipment which does not provide volume control capabilities shall be prohibited. 7. That the large openable windows which face the bay shall be removed and replaced with fixed windows using an acoustically • 27 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 engineered laminated glass product or dual or triple pane windows specifically designed to reduce sound transmission. The specific windows installed shall be as recommended by a noise engineer. 8. That the installation of a speaker system for music or paging of patrons outside the restaurant is prohibited. That the applicant shall comply with the Sign Code within 30 days. 10. That the applicant has ninety days to address concern of the windows during which time the windows are to remain permanently closed. Standard City Requirements: I . That the operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise • generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 2. That the applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. 3. That a Live Entertainment Permit and Caf6 Dance Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment and dancing as incidental and accessory to the • 28 INDEX interior exterior interior exterior Measured at the property line of commercially zoned Property: N/A 65 dBA N/A 60 dBA Measured at the property . line of residentially zoned property: N/A 60 dBA N/A 50dBA Residential araDertV: 45 dBA 55 dBA 40 dBA 50 dBA 2. That the applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. 3. That a Live Entertainment Permit and Caf6 Dance Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment and dancing as incidental and accessory to the • 28 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 primary use of the facility as a restaurant. 4. That regular food service from the full lunch /dinner menu shall be made available at all times the facility is open. 5. That the approval is for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 6. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishment, unless specifically permitted. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. • 9.7. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall• be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 98. That all trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 44.9. That the applicant shall maintain the trash dumpsters or receptaclesso as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 44, 10. That the operator of the food service use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 4-2. 11. That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the property owner or the leasing • 29 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 company. 4-3.12. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 4 -4.13. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. SUBJECT: Slack Residence, 3729 Ocean Blvd. Brian S. Jeannette, applicant • Variance No.1218 • the Acceptance of a Negative Declaration • Request for a Variance to exceed the top of curb height limitation by 9 feet. The top of curb height limitation is for structures on the bluff side of Ocean Blvd. in Corona Del Mar. Also included is a request to construct the garage and a portion of the house 10 feet into the required 10 foot front yard setback along Ocean Blvd. Ms. Temple noted that the Public Works Standards regarding driveway approaches. A typical design standard is a 15% grade and this particular project as proposed is with a down grade of less than 10 %. The applicant's architect has looked at lowering the garage structure. Public Comment was opened. Brian Jeannette, architect spoke on behalf of this project. He thanked the staff for the work on the report. The variance is requested to maintain in concept the existing entry and garages. There is a full loss of view over the site by the existing landscape, entry and garage. The intent is to remove the old building and build a new one that will open 50% to create a view. The existing building was built in 1947 with front yard setbacks less than 10 feet. One of the issues of the new design is the driveway slope. Referencing the exhibit, Mr. Jeannette pointed out a slope of 13% that is much safer which reduces the building by 3 feet. With that and a redesign of the roof height, the proposed new building is down four feet. The client is asking to build a new home, not just to remodel. This new home will be of benefit to the community. The findings for the variance • are there as other buildings along Ocean Boulevard have been granted 30 INDEX Item No. 7 Variance No. 1218 Negative Declaration Approved City of Newport Beach • Planning Commission Minutes March 19, 1998 variances ranging from 1' 4" to 9'5". We are asking to maintain the building which is 9'. This is an extremely steep site, with topography and a unique roadway descending location and are increasing the views of the residents around it. In conclusion he noted: • take driveway to a steeper slope at 13% • reduce area of entry • lower total building height down 4 feet which is presently at a height of 93.48 and is proposed to be 89.48 • southerly portion of roof is going down 2' below the curb which is 4' below the existing roof • showed an example of the exterior material to be used which is a white frosted glass with a white laminate in it and a solid panel behind it • eave on the west side will be 2" above the curb, eave on the southerly side will be 1'4" above the curb and the center section will be 4'6" above the curb Commissioner Gifford noted that the landscape to be cut away is in the public right of way and has nothing to do with this particular project. Ms. Temple noted for the record that Ms. Jill Barnes representing herself • and her husband indicated before the meeting that Mr. Sansone speaks on their behalf. Mr. Phil Sansone, Corona del Mar representing the neighbors in the area spoke. The one foot regulation was stipulated so that as the older buildings came down, they would be rebuilt with a one foot over curb height limitation. There is a steep incline on this property and it is recognized that the driveway should not have the 20% slope. The visible part of the property as shown on the exhibit is the garage where the elevator shaft comes up and where the stairwell will be. The roof could be flattened out as there is no living space there and do not need the extra two or three feet. In conclusion, suggested adding a condition that the landscape plan be approved by the PB R R Commission and asks that Commission follow the precedence of previous Commissions. Speaking in opposition of for similar reasons as stated: Scot Sanders, 3728 Ocean Boulevard Public Comment was closed. Commissioner Ridgeway commented that the architect has worked very hard to provide a compromise to what was originally presented. It is an acceptable design with the street drop and the enhanced view. If this variance is not approved, the owner can remodel his home which is within his rights. The views are improved from the public park and the sidewalk. • 31 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 Concluding, he noted he was in favor of this variance. Commissioner Gifford noted the combination of the openness that will be preserved and that the stunning architecture will be a great contribution to the community. Given the situation with the engineering of the driveway adjustments makes this a very desirable project. Motion was made to approve Variance No. 1218 and the acceptance of a Negative Declaration with the revised elevation received March 19, 1998 and subject to the findings and conditions of approval in Exhibit A. Ms. Temple noted that in her discussions with the architect, he indicated that there was a conversation about the property owner making a contribution of $7,500. This contribution would be used for the installation of some benches or other landscaping improvements in the public area. This is not a typical condition to impose on a single family development in terms of cause and relationship. Public Comment was reopened. Mr. Phil Sansone, at Commission inquiry, clarified that instead of an encroachment permit covering an extension of the property line on both • sides to the street, that it be limited to the driveway. This is public land, but the City is required by law to give him reasonable access to his property. There is no law that says the City has to provide the applicant a front lawn. The applicant suggested coming up with the $7,500. Commissioner Adams clarified that from the driveway towards Little Corona is all public land, and, the City can develop it as an extension of the park. Supporting the revised plan he noted that the intrusion of the arch part of the building is minimized and is only a small part of the building that will come up and encroach into that setback. The architectureof the building is stunning. Ms. Clauson further clarified that along that area there are various properties that have been granted encroachment permits by the City to landscape the area in front. What Mr. Sansone is suggesting is that the City does not grant an encroachment permit in this case. If the park has not been developed yet, when an encroachment permit is given it is with the understanding that the City has the right at any time to come back and reclaim that right of way. Commissioner Gifford stated that the community is much better off having the homeowner landscape the property until such time as the park is developed. Mr. Jeannette noted that during his conversation with Mr. Sansone about the potential to add some dollars into the PB & R coffers for some remedial is 32 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 work, was when the building would be going down two feet. By going down an additional two feet (for a total of four feet) the cost has added about $30,000 to $40,000 for the retaining walls. Doing the landscaping that blends the park with the site is desirous. However, it is not desirable to move people from the sidewalk down a 13% slope to the front door which is on city property. So, an area is needed where we can actually step down in a safe way. Public comment was closed. Chairperson Kranzley noting the reality of a remodel, variance of 6' approved in March 1989 and a variance of 2 '/'S 'approved in May 1986, the proposed building is lowered to 4' that is an incredibly gorgeous building, supported this variance. Without objection and by show of hands, MOTION PASSED. A. Environmental Document 1. On the basis of the analysis contained in the Initial Study, including the mitigation measures listed, the proposed project does not • have the potential to significantly degrade the quality of the environment. 2. There are no long -term environmental goals that would be compromised by the project. 3. No cumulative impacts are anticipated in connection with this or other projects. 4. That there are no known substantial adverse effects on human beings that would be caused by the proposed project. Mitigation Measures That erosion and siltation control measures of the construction operations shall comply with the City Excavation and Grading Code (NBMC Section 15.04.140 or applicable sections) . 2. That the project shall conform to the requirements of the National Pollution Discharge (NPDES).and shall be subject to the approval of the Public Works Department to determine compliance. 3. That all grading activities are required to comply with the dust suppression provisions of the City's Grading and Excavation Code (NBMC Section 15.04.140) and AQMD Rule 403. Examples of the • practices required under.these regulations include, but are not 33 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 limited to the following: • Site watering and washing of equipment before leaving the site • Apply chemical soil stabilizers to construction areas • Keep the streets along the specified haul routes clear and cleaned of dirt and debris • Suspend grading operations during first and second stage smog alerts. • Suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. • Use of low emission construction equipment • Schedule (construction) operations which may affect traffic to occur at off -peak hours, where feasible • Provide on -site power sources during the early stages of the project and utilize • existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators. 4. The applicant shall prepare a construction access plan in order to maintain safe access to the site during construction. The construction access plan shall be include alternative pedestrian and bicycle path routes approved by the Public Works Department prior to approval of the grading permit. 5. A qualified archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. B. VARIANCE NO. 1218 Findings: That the proposed development is consistent with the General Plan since a single family dwelling is a permitted use within the Single - Family Residential designation. • 2. That the proposed development will not have any significant 34 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 environmental impact, based on information presented and incorporated into the negative declaration. 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. 4. That the following exceptional or extraordinary circumstances apply to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, building and /or uses in the same District: The topography of the lot inhibits the property owner from designing a dwelling of comparable size to other homes in the area due to the fact that the property slopes in two directions, southerly away from Ocean Blvd., and easterly downward across the property. • That the lot is constrained by a shorter depth on one side of the lot and a smaller width at the street due to the steep slope and the coastal cliff along the rear that cuts into the • lot thereby restricting the siting options for the residential structure. The large public right -of -way depth across the front of the lot. 5. That the approval of Variance No. 1218 is necessary for the preservation and enjoyment of substantial property rights of the applicant for the following reason: The proposed project is generally comparable to the size and bulk of other buildings in the surrounding neighborhood and strict application of height requirements could result in increased grading and environmental impacts and the need to waive driveway slope requirements contained in Council Policy. 6. That the approval of this variance does not constitute special privilege inconsistent with the limitations on other properties in the vicinity for the following reasons: The dwelling does not exceed the height limit from the street side of the property with the exception of the garage /entry and is generally in conformance with the surrounding neighborhood when viewed from the street. • 35 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 The location and size of the proposed structure is in compliance with the zoning regulations with the exception of the front setback. That the granting of a variance to allow the garage /entry to exceed the permitted height limit, and the modification encroachment, will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare of injurious to property improvements in the neighborhood because: • The applicant has designed a dwelling that is located in approximately the same location as the existing house on the property with less impact in order to preserve public views from the adjacent city park on Ocean Blvd. • The site development has included an increased rear yard setback on the ocean side in order to increase the view corridor across the subject site from both the park and the • view to the ocean of the adjoining westerly neighbor. • Other residences on the bluff side of Ocean Blvd., have elevations that exceed the top of curb height. • The proposed garage /entry is located in line with the front property line as compared to neighboring dwellings and will minimize the visual vertical scale of the building as viewed from Ocean Blvd. • The proposed encroachment will allow the applicant to further utilize and maintain the front yard of the property that is public right of way, but will continue to maintain and preserve the public and private views to the ocean. The existing landscaping is being reduced and reworked to provide greater view corridors. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevations (received March 19, 1998), except as noted below. 2. That an encroachment permit be processed through the Public Works Department for all work within the public right -of -way and • 36 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 that an encroachment agreement be executed for all non- standard and decorative improvements to be constructed within the Ocean Blvd. right -of -way and any easements. 3. That 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 accordancewith state and local requirements. 4. That the chimney shall not exceed the minimum height required by the Uniform Building Code and any portion of the chimney which extends above top of curb shall be no wider than 2 feet and no deeper than 4 feet. For the purpose of this condition, the width or depth of the chimney will be the smaller dimension parallel to Ocean Blvd. Standard Requirements: 5. That all public improvements be constructed as required by Ordinance and the Public Works Department. • 6. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 7. That a drainage study be prepared for the on -site drainage by the applicant and approved by the Building Department showing how the on -site drainage is to be handled. 8. That Coastal Commission approval shall be obtained prior to issuance of any building permits. 9. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 10. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. • 37 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 SUBJECT: Shrimpton Residence, 339 Onyx Avenue Ian Harrison, applicant • Variance No. 1219 Variance request to permit the construction of a new single family dwelling which will exceed the allowable 1.5 times the buildable area of the site. The proposal includes a modification to the Zoning Code for the following encroachments into setbacks: • 17 feet into the required 20 foot front yard setback on Onyx Avenue • 7 feet into the required 10 foot rear yard setback b inches into the required 3 foot side yard setback on the second floor at the alley with a deck Public Comment was opened. Mr. Ian Harrison, 339 Onyx Avenue at Commission inquiry stated he has read, understands and agrees to the findings and conditions of Variance No. 1219. Ms. Lynn Lanier, 1211 North Boyfront opposes this variance noting that the • proposed structure would at some points on the common property line be within 3 feet. She noted that the lot has not been surveyed and that light and air flow space of 3 feet is very minimal and will have an adverse effect. Bing Girling, Balboa Island - Vice President of the Little Island Association and member of board of directors of Big Island, spoke in favor of this application as it would upgrade the structure to the standards aspired by the various groups. This project is viewed as one that does not adversely impact the neighbors but at the same time seeks to reach a level of standard that is desirous for everyone on Balboa Island. He urged approval of this project. Public Comment was closed. Motion was made by Commissioner Selich for approval of Variance No. 1219 subject to the findings and conditions in Exhibit A. Without objection and by acclamation, MOTION PASSED. Findings: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Land Use Plan of the Local Coastal Program and a single family dwelling is a permitted use within the "Two - Family Residential" land use designation. • 38 INDEX Variance No. 1219 Approved City of Newport Beach . Planning Commission Minutes March 19, 1998 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). 3. That exceptional or extraordinary circumstances apply to the land and building referred to in this application, which circumstancesor conditions do not apply generally to land, building and /or uses in the same District since the subject property is smaller than the typical lot in this area, and is subject to greater than normal setback requirements which restrict the buildable area of the site. 4. That the approval of Variance No. 1219 is necessary for the preservation and enjoyment of substantial property rights of the applicant since the proposed project is generally proportional or smaller in size, bulk and height than other buildings in the surrounding neighborhood and strict application of setback requirements would result in no buildable area in which to construct a dwelling. 5. That the granting of the application is consistent with the purposes • of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district since there are no other lots of this size in the vicinity. The granting of the variance will allow development of a dwelling that is compatible with the surrounding neighborhood, comparable in size and provides setbacks that are the same or similar to the standard setbacks applied to other properties in the district. b. That the granting of a variance to allow the structure to exceed the permitted gross structural area will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood because the proposed project will improve the aesthetics of the property and enhance the overall neighborhood. The granting of a modification to allow encroachments into setbacks will not be detrimental to persons, property or improvements in the neighborhood and that the modifications as approved are consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code because: • The front yard encroachment on Onyx provides a setback 39 INDEX City of Newport Beach • Planning Commission Minutes March 19, 1998 of 3 feet setback which is the requirement for the side yard setback on the adjacent property that fronts on North Bay Front. The 7 foot encroachment into the rear yard setback will provide a 3 foot setback which is similar to the 3 foot side yard setback on the adjacent lot to the west and provides additional light and air between properties. The proposed 6 inch deck encroachment at the alley is consistent with the permitted encroachment for rear alley setbacks and will provide additional light and air as an open deck. 8. That the design of the proposed improvements will not conflictwith any easements acquired by the public at large for access through or use of property within the proposed development since conditions have been included in regards to development within the public right -of -way. That adequate on -site parking is available for the proposed use. Conditions: • 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That the gross square footage shall not exceed 1,468 square feet. 3. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the City Council. 4. That two parking spaces shall be provided on site for the parking of vehicles only, and shall be available to serve the residential unit at all times. Standard City Reauirements: 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That no fences, walls, or other freestanding structures be located in the 5 foot alley side setback. 7. That all work within the public right -of -way and the public easement be constructed under an encroachment permit /encroachment agreement issued by the Public Works • 40 INDEX City of Newport Beach Planning Commission Minutes March 19, 1998 Department. 8. That all public improvements be constructed as required by Ordinance and the Public Works Department. 9. That 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. 10. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergroundingis unreasonable or impractical. It. That this variance shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. • SUBJECT: John R. Pautsch, Jr. 301 Marine Avenue Use Permit 3625 A use permit restaurant with outdoor dining and alcoholic beverage service. The application includes a request for a waiver of required off - street parking spaces and to exceed floor area ratio limits. Staff requests that this item be removed from the agenda to allow the applicant time to provide additional information necessary to complete the application. This item will be re- noticed. Motion was made by Commissioner Ridgeway to remove this item from agenda. Without objection and by acclamation, MOTION PASSED - All Ayes ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported that at the City Council meeting of March 9th, Council continued the Lido Investment Company issue to April 13th to allow staff to work on a lower density project for their • 41 INDEX Item No. 9 UP No. 3625 Removed from Agenda Additional Business City of Newport Beach • Planning Commission Minutes March 19, 1998 deliberation, Franklin Realty Sign was tabled, members of the Environmental Quality Affairs Committee were appointed and one of their first issues of concern will be the bay front restaurant regulations, the Planning Commission attendance was discussed as well as the number of Planning Commission continued items. Planning Director Ms. Temple reviewed changes to application submittal procedures. b.) Oral report by the Planning Director regarding the approval of Outdoor Dining Permits, Planning Director's Use Permits, Modification Permits and Temporary Use Permits - Modification was disapproved for 2912 Broad Street. Modifications were approved for 112 45th Street, 1945 Bayside Drive, 2611 Vista Drive, 1801 Port Charles Place, 139 Shorecliff Drive, 7 Big Horn Drive and 440 Cabrillo Terrace. Lot Line Adjustments were approved for 2234 Channel Road, 4700 Surrey Drive and 6208 West Coast Highway. Director's approval of exception to termination of non- conforming status for 107 21 A Place. C.) Oral report from Planning Commission's representative to the Economic Development Committee - none. • d.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Selich asked for a report on the feasibility of changing the ordinance regarding Ocean Boulevard bluff side curb limitation. Commissioner Gifford asked for a report on the ultimate impacts on the no smoking requirements in outdoor dining in enclosed areas. e.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. f.) Discussion of proposed joint meeting with Costa Mesa Planning Commission. Ms. Temple presented three potential meeting dates to discuss common issues. One issue raised by the Costa Mesa Commission is the perception that the City of Costa Mesa has a higher number of group homes than Newport Beach. Following a brief discussion, it was recommended that an agenda or outline with formalized items for discussion be made available. Some items of interest: 19th Street bridge, traffic, bars and restaurants. g.) Requests for excused absences - none ADJOURNMENT: 11:15 p.m. THOMAS ASHLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • 42