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HomeMy WebLinkAbout03/23/1989COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers o q�'t'Fpp�pc^ TIME: 7:30 P.M. �mG�Y�9 p�v q DATE: March 23, 1989 CITY OF NEWPORT BEACH IRi CALL INDEX Present Absent Commissioner Debay and Commissioner Edwards were absent. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robert Burnham, City Attorney William R. Laycbck, Current Planning Manager Robert Lenard, Advance Planning Manager Sandra L. Genis, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary *on Minutes of March 9. 1989: Minutes of 3 -9 -89 * Motion was made and voted on to approve the revised March Present * * * * * 9, 1989, Planning Commission Minutes. MOTION CARRIED. Absent Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. . Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, March 17, 1989, in front of City Hall. * Request for Continuances: Request James Hewicker, Planning Director, stated that the for applicant, Peninsula Shipyard, has requested that Item No. Continuance 3, Use Permit No. 1922 (Amended), regarding the relocation • of eight required on -site parking spaces to 226 - 21st Street, be continued to the April 13, 1989, Planning COMMISSIONERS yoG� yyOyy'q�9y CITY OF NEWPORT BEACHarch 23, 1989 MINUTES ROLL CALL INDEX Commission meeting. Mr. Hewicker suggested that Item No. 7, GPA No. 88 -2(A), Local Coastal Program Land Use Plan Amendment No. 15, Amendment No. 674, Use Permit No. 3195 (Amended), and Resubdivision No. 889, regarding the expansion of a bed and breakfast facility located at 2306 - 2310 West Ocean Front, be removed from calendar so as to allow the applicant, Piero Serra additional time to pursue additional land acquisitions which may alter the design of the proposed project. Motion * Motion was made and voted on to continue Item No. 3, Use Ayes * * * * * Permit No. 1922 (Amended), to the April 13, 1989, Planning Absent * * Commission meeting, and to remove Item No. 7, GPA No. 88- 2(A), Local Coastal Program Land Use Plan Amendment No. 15, Amendment No. 674, Use Permit No. 3195 (Amended), and Resubdivision No. 889, from calendar. MOTION CARRIED. • Planning Commission Review No. 9 (Discussion) Request to review a proposed chimney which exceeds the 24 Item No.l PCR N0.9 foot basic height limit in the R -1 District and which exceeds the minimum height required by the Uniform Building Approved Code. LOCATION: Lot 9, Block G, Tract No. 518, located at 2032 Ocean Boulevard, on the northerly side of Ocean Boulevard, between "L" Street and "M" Street, on Peninsula Point. ZONE: R -1 APPLICANTS: Mr. and Mrs. Maurice Dahl, Balboa OWNERS: Same as applicants Mr. Kevin Schley, Architect, appeared before the Planning Commission on behalf of the applicant to state that he concurs with the findings and conditions in Exhibit "A ". Motion * Motion was made and voted on to approve Planning Commission Present * * * * * Review No. 9, subject to the findings and conditions in Absent * * Exhibit "A ". MOTION CARRIED. -2- COMMISSIONERS .p A, �1 9 1s. P 9 March 23, 1989 CITY OF NEWPORT BEACH MINUTES ROCrCALL INDEX Findings: 1. That the proposed decorative chimney cap will present a more pleasant appearance than a plain metal cap. 2. That the decorative chimney cap will not intrude on views, light, or air, from adjoining residential property. Conditions: 1. That development shall be in substantial conformance with the approved elevations. 2. That the chimney shall conform with the City's Building Code. Use Permit No. 1631 (Amended)(Public Hearing) Item No.2 Request to amend a previously approved use permit that UP 1631A permitted the construction of alterations and additions to the existing Jim Slemons Mercedes Benz automobile Approved dealership located in the Newport Place Planned Community. The proposed alterations include the conversion of a portion of the upstairs parts storage room to records storage, a phone room and a computer room. Said construction will also include a 342± square foot addition which will be part of the proposed alterations. LOCATION: Parcel No. 1 of Parcel Map 49 -18 (Resubdivision No. 364), located at 1301 Quail Street, on the southeasterly corner of Quail Street and Spruce Avenue, in the Newport Place Planned Community. ZONE: P -C APPLICANT: White Oak Construction, Costa Mesa OWNER: Jim Slemons Imports, Newport Beach The public hearing was opened in connection with this item, and Mr. Jim Okey, appeared before the Planning Commission to state that he concurred with the findings and conditions in Exhibit "A ". -3- COMMISSIONERS y� yNOy9ip'P 9y 9. March 23, 1989 CITY OF NEWPORT BEACH MINUTES R CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. 1631 Ayes * * * * * (Amended) subject to the findings and conditions in Exhibit Absent * * "A ". MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with existing and proposed land uses in the surrounding area. 2. That the project will not have any significant environmental impact. 3. That the proposed development has adequate on -site parking to accommodate the alterations and addition. • 4. That the approval of this amendment to Use Permit No. 1631 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of the persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted below. 2. That all applicable conditions of approval of Use Permit No. 1631 as approved by the Planning Commission on September 21, 1972 and as amended on November 19, 1987 shall remain in effect. 3. That a minimum of 147 parking spaces be provided on site for employee, customer and service area parking. 4. That visitor parking shall be clearly marked on the pavement or designated by signage. -4- COMMISSIONERS yo�y`CO�Q March 23, 1989 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX 5. That the existing monument sign adjacent to the driveway on Quail Street shall be reconstructed or relocated in accordance with STD 110 -L pertaining to sight distance. 6. That the proposed development be in conformance with all applicable Building and Fire Codes. 7. That the Planning Commission may add to or modify conditions of approval of 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. 8. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 1922 (Amended)(Public Hearing) Item No.3 Request to amend a previously approved use permit which UP1922A permitted the establishment of a boat repair and maintenance facility on property located in the Continued "Recreational and Marine Commercial" area of the Cannery to 4 -13 -89 Village /McFadden Square Specific Plan. The proposed amendment includes a request to relocate the eight required on -site parking spaces to the property across the street (226 21st Street) which is also owned and operated by the applicant. The proposal also includes: a modification to the Zoning Code so as to allow the use of tandem parking spaces in conjunction with the new parking location; a request to retain an outdoor intercom and paging system; and the review of the operation of an existing boat crane which exceeds the 26 foot basic height limit up to a maximum height of 45 feet in the 26/35 Foot Height Limitation District. LOCATION: Parcel 1 of Parcel Map 79 -732 (Resubdivision • No. 644), located at 223 21st Street, on the northwesterly side of 21st Street between The Arcade and Newport Bay, and Lots 14 through 17, -5- COMMISSIONERS ZlGpy� CITY OF NEWPORT March 23, 1989 BEACH MINUTES ROLL CALL INDEX Block 220, Section A, Newport Beach, located at 226 21st Street, on the southeasterly side of 21st Street, between The Arcade and Newport Bay, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Peninsula Shipyard, Inc., Newport Beach OWNER: Norman C. Schmitt, Newport Beach James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the April 13, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue Use Permit No. Ayes * * * * * 1922 (Amended) to the April 13, 1989, Planning Commission * * meeting. MOTION CARRIED. &nt Use Permit No. 3344 (Public Hearing) Item No.4 Request to permit the establishment of a yacht sales UP3344 facility on property located in the C -1 -H District. Approved LOCATION: Lots 14 through 17, Tract No. 1210, located at 600 West Coast Highway, on the northerly side of West Coast Highway, across from Bayshores. ZONE: C -1 -H APPLICANT: Pacific West Yachts, Newport Beach OWNERS: Leonard Horwin /Arnold Gordon, Beverly Hills Commissioner Winburn asked if Condition No. 7, of Exhibit "A ", which requests that the work be completed within 120 days of approval of the application unless 'otherwise approved by the Public Works Department, is a condition that will be required on future West Coast Highway locations. Don Webb, City Engineer, explained that the • drive approach was not reconstructed by the site's previous occupant as requested. He said that the condition would not necessarily be required at all locations on West Coast Highway. -6- COMMISSIONERS G�y90 March 23, 1989 CITY OF NEWPORT BEACH MINUTES R CALL INDEX In response to questions posed by Commissioner Merrill regarding the loading and unloading of boats, Mr. Webb replied that the property provides for customer parking only, and he suggested that to avoid the loading and unloading of boats in a red zone or the median of West Coast Highway, that a condition be added stating that "no parking in the public right -of -way be allowed for loading or unloading boats." The public hearing was opened in connection with this item, and Mr. George Renderspacher, applicant, appeared before the Planning Commission. In response to a question posed by Mr. Renderspacher regarding the foregoing Condition No. 7, Mr. Webb explained that to improve the safety conditions of ingress and egress along West Coast Highway that the Public Works Department has requested that the driveway be widened and flared out so that automobiles are able to make the turns into the driveway without coming to a complete stop and blocking the flow of traffic. Mr. Webb commented that 120 days allows the applicant enough time to obtain a permit from Cal -Trans and to complete the construction. In response to questions posed by Commissioner Persdn regarding the size and delivery of the boats, Mr. Renderspacher explained that boats up to 35 feet in length will be delivered on trailers and they will be unloaded on the site, and the larger boats will be delivered on a flatbed 18 wheeler truck that requires a police escort. He replied that the large boats cannot be delivered prior to 9:00 a.m. or after 3:00 p.m., and sometimes not during the noon hour. Mr. Webb commented that boat facilities are required to contact the Police Department for a delivery time prior to the boats being delivered. In .response to questions posed by Chairman Pomeroy, Mr. Renderspacher replied that he concurs with Condition No. 7, and the foregoing condition recommended by Mr. Webb. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3344 Ayes * * * * subject to the findings and conditions in Exhibit "A ", nt * * including added Condition No. 19 which states that "no of parking in the public right -of -way shall be allowed for loading or unloading boats." MOTION CARRIED. -7- COMMISSIONERS .p •p sf. 0�. 4� March 23, 1989 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX FINDINGS: 1. That the proposed use is consistent with the Land Use Plan of the General Plan and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the proposed development has adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed project as conditioned. 4. 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 the property within the proposed development. • 5. That the approval of Use Permit No. 3344 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of the persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the operation of the proposed yacht sales facility shall be in substantial conformance with the approved site plan, except as noted below. 2. That the site shall be landscaped in accordance with a plan to be approved by the Public Works Department, Parks, Beaches and Recreation Department, and the Planning Department. Said plan shall retain all of the existing landscape planters along the front of the property. 3. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. • 4. Boat displays shall not encroach into required parking or aisleway areas. _g_ COMMISSIONERS �q qaj. t^O. dtp yOG to 9o'A$yP 9y � March 23, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That all plantings adjacent to the driveway provide sight distance in accordance with Std.- 110 -L. 7. That the drive approach be reconstructed to meet the Std. 166 -L and that the work be completed within 120 days of approval of the application unless otherwise approved by the Public Works Department. 8. That the on -site parking, vehicular circulation and pedestrian circulation systems shall conform to current standards and shall be subject to further review by the Traffic Engineer. 9. That the applicant dedicate, prior to occupancy, his leasehold interest in a 12 foot wide parcel adjacent to West Coast Highway for street and highway • purposes. 10. That all mechanical equipment and trash areas shall be screened from adjoining properties and from West Coast Highway. 11. That the existing illumination of the parking and outdoor display areas shall be maintained in such a manner as to eliminate direct light and glare on adjoining properties and on West Coast Highway. A timing device shall turn off any lights facing towards the bluff at the rear of the site at 10:00 p.m. every night. 12. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code, and conform to STD 110 - L. 13. That the subject lots be held in common during the life of the applicant's lease and that severance of the lots shall constitute termination of this use permit. 14. That the approval of this application is for yacht sales only. No servicing or major repairs of yachts • shall be permitted on -site, unless an amended use permit is approved by the Planning Commission. -9- COMMISSIONERS 'by .p q_ ate Or 4�n - y�G� 99 y y March 23, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX, 15. That a minimum of six (6) parking spaces shall be provided on -site for the customers and employees of the proposed yacht sales facility and further that all employees shall park on -site. Parking Space No. 6 shall be relocated so as not to restrict access to the property. 16. That the one handicapped parking space shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking space shall be accessible to the handicapped at all times. One handicapped sign on a post shall be required for said handicapped parking space. 17. That the Planning Commission may add to or modify conditions of approval of 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. 18. 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. 19. That no parking in the public right -of -way shall be allowed for parking or unloading of boats. * x Use Permit No. 3345 (Public Hearing) Item No.5 Request to permit the establishment of an additional arcade UP3345 use in the existing Balboa Fun Zone Development on property located in the C -1 District. Approved LOCATION: Parcel 1 of Parcel Map 82 -706 (Resubdivision No. 724), located at 600 Edgewater Place, on property bounded by East Bay Avenue, Washington Street, Palm Street, and Newport Bay, in Central Balboa. ZONE: C -1 -10- . COMMISSIONERS ymc� y9py9��y 9y %J� yo�yC`o�Q March 23, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX APPLICANT: Pan Pacific Portfolio Inc., Los Angeles OWNER: Doo & Sons, Inc., Los Angeles The public hearing was opened in connection with this item, and Mr. Paul Tolnai, Vice President, appeared before the Planning Commission on behalf of the applicant, and he concurred with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Merrill regarding the installation of the arcade games, and the estimated number of customers and employees, Mr. Tolnai explained that the estimated expansion of the existing arcade would be slightly higher than the approved use. He commented that one employee would be required to operate the arcade. In response to Commissioner Merrill's reference to Condition No. 3 regarding the hours of operation, Mr. Tolnai stated that the existing arcade is open between 11:00 a.m. and 11:00 p.m, on weekdays and closes at 12:00 midnight on weekends. Mr. Tolnai rebutted Commissioner Pers6n's statement that the existing arcade sometimes opens at 9:30 a.m. to 10:00 a.m. In response to a question posed by Commissioner Di Sano, Mr. Tolnai replied that the applicants considered other uses and tenants for the space that is proposed for the arcade. Commissioner Di Sano stated his concern that the location of the arcade would invite occupants of the automobiles waiting for the Balboa Island ferry to temporarily abandon their automobiles and enter the arcade. Mr. Tolnai rebutted that the Fun Zone also consists of other uses that would deter automobile occupants while they are waiting for the ferry. Commissioner Pers6n commended the operation of the family - oriented arcade. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sano stated that the spirit of the rebuilding of the Fun Zone was not to be a duplicate of the original Fun Zone, but it was the mixed use concept of retail, take -out food, and an ambiance of amusement. He • referred to two previous applications that were approved since the Fun Zone was redeveloped, and he commented that there is a question about the intensity of the site and -11- COMMISSIONERS March 23, 1989 CITY OF NEWPORT BEACH MINUTES ROL'7CALL I I I I I I I I INDEX Motion is Substitute Motion • i* about having an arcade in an open area adjacent to the ferry. Commissioner Di Sano commented that individuals abandon their automobiles to purchase fast food at the Fun Zone while waiting for the ferry, and he indicated that it could be further exasperated by the proposed arcade. Commissioner Di Sano stated that he has concerns regarding the expanded usage beyond what the Fun Zone was intended for, that the Planning Commission's review of the Fun Zone is to maintain an ambiance of uses, not an incrementality approach that could lead to a full Fun Zone again. Motion was made to deny Use Permit No. 3345 subject to the findings in Exhibit "B ". In response to a question posed by Commissioner Pers6n, staff replied that Use Permit No. 3120, which permitted the redevelopment of the Fun Zone requires a use permit for any modification to the project. Also, the Municipal Code requires the securing of a use permit for any recreational establishment. Substitute motion was made to approve Use Permit No. 3345, subject to the findings and conditions in Exhibit "A ". Commissioner Pers6n stated that he did not foresee individuals temporarily abandoning their automobiles to go to the arcade, and that the proposed expansion would not intensify the use of the Fun Zone. Commissioner Winburn stated that when the Planning Commission approved Use Permit No. 3120, the Planning Commission addressed the intensification of the Fun Zone because of concerns regarding the availability of parking in the area, and as a destination point. Commissioner Winburn commented that the Fun Zone subsequently was upgraded into a family- oriented project. She stated that she would support the substitute motion inasmuch as the Planning Commission should not govern the uses of the Pun Zone as long as it is operating in an effective manner. Commissioner Merrill stated his concerns are that the applicants are proposing to expand the square footage of the arcade by 50 percent, there are unknowns regarding the operation of the arcade, and that 5:00 a.m. is too early for the arcade to open. -12- COMMISSIONERS \,AlrrMarch 23, 1989 A 0,o CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Pers6n amended the substitute motion, modified Condition No. 3, to require that the arcade not open prior to 9:00 a.m. instead of 5:00 a.m. He said that the arcade expansion does not represent an intensification of one automobile or one individual on the Balboa Peninsula on weekends or during the summer months, but instead allows persons a diversification of other uses in the area. Commissioner Pers6n emphasized that the Balboa Peninsula is always going to be at a maximum capacity during the summer inasmuch as it is a recreational area. Chairman Pomeroy stated that the mixed uses that occupy the spaces at the Fun Zone will change according to the economic realities of what will and will not work until an appropriate level has been reached. He commented that the arcade is one of the least susceptible uses that would cause problems of individuals leaving their automobiles while waiting for the ferry. He said that he would support the substitute motion. Commissioner Di Sano stated that the Planning Commission should only consider the planning of a project, and not the economic viability of a project. Commissioner Pers6n reviewed the Fun Zone intensity and parking as they were originally proposed to the Planning Commission in 1984, and he commented that the high rent, perpetuated by the conditions placed upon the builder by the City, has been one of the reasons that some of the tenants have failed. In response to questions posed by Commissioner Merrill regarding the percentage of the 16,722 square feet that has been leased, and the current occupants at the Fun Zone, the public hearing was reopened and Mr. Tolnai reappeared before the Planning Commission. Mr. Tolnai replied that 3,300 square feet is available, excluding the proposed expansion. He said that the current tenants include amusement rides, retail, and arcades. Substitute motion was voted on to approve Use Permit No. Ayes * * * 3345, subject to the findings and conditions in Exhibit Noes * * "A ", including modified Condition No. 3. MOTION CARRIED. 46 nt -13- COMMISSIONERS � 0 Sj 1\1� O. O� yd � March 23 , 1989 "\01-* PQ�yo CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Findings: 1. That the proposed arcade use is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That the proposed arcade represents a reduction in the number of employees within the Balboa Fun Zone project. 3. The project will not have a significant environmental impact. 4. The approval of Use Permit No. 3345 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the installation of the proposed arcade shall be in substantial conformance with the approved plot plan, except as noted below. 2. That the employee shall park on site. 3. That the hours of operation of the arcade shall be from 9:00 a.m. to 12:00 midnight Sunday through Thursday, and 9 :00 a.m. to 2:00 a.m., Friday and Saturday and recognized holidays. 4. That proposed signs shall be consistent with the sign program approved by the Planning Commission in conjunction with Exception Permit No. 18. 5. That the applicant shall obtain Coastal Commission approval of this application prior to the opening of the arcade. 6. That all previous applicable conditions of approval for Use Permit No. 3120 shall be fulfilled. • 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or -14- COMMISSIONERS y m Gyy 0NOy9�`y�yQ91c March 23, 1989 CITY OF NEWPORT BEACH MINUTES R CALL INDEX 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. 8. 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. Use Permit No. 3346 (Public Hearing) item N0.6 Request to establish a restaurant with on -sale beer and UP3346 wine and live entertainment on property located in the C- • 1 District. The proposal also includes a modification to the Zoning Code so as to allow the use of a compact parking Approved space for a portion of the required off-street. parking spaces. LOCATION: Lots 1, 2, and 3, Block 9, Tract No. 27, and an abandoned portion on Newport Boulevard, located at 485 North Newport Boulevard, between Orange Avenue and Bolas Avenue, adjacent to Newport Heights. ZONE: C -1 APPLICANT: Sid Soffer, Costa Mesa OWNER: Same as applicant Commissioner Winburn, William Laycock, Current Planning Manager, and Don Webb, City Engineer, discussed for clarification, the proposed 10 on site parking spaces plus 5 existing parking spaces that will be provided on the property as opposed to the required 8 parking spaces that were approved by the Planning Commission on November 11, 1987, when the Planning Commission approved Use Permit No. 3291. • Mr. Laycock commented that line 5, page 4, of the staff report should be corrected to read Condition No. 16 instead of Condition No. 15. -15- COMMISSIONERS \SAX March 23, 1989 � G o m CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Sid Soffer, applicant, appeared before the Planning Commission. Mr. Soffer questioned how staff calculated the 5,282 square feet of the existing commercial buildings as stated in the staff report. Mr. Laycock explained that staff calculates the square footage from the plot plan that is submitted by the applicant. Mr. Soffer stated that the plot plan is not accurate in that the adjacent building's size is considerably smaller, and the result affects the number of parking spaces. Commissioner Winburn referred to page 3 of the staff report which states that the current parking nonconformity of the commercial building to be utilized for the restaurant facility is 3 parking spaces. Mr. Soffer discussed the omission of the storage building in the staff report that could affect the total number of required parking spaces. Robert Burnham, City Attorney, referred to the plot plans • that were submitted by the applicant, and he pointed out that the common property line between two lots owned by the applicant is not drawn consistently on the plans. He said that the applicant is proposing to provide 10 parking spaces for the restaurant use that is situated on a parcel that is distinct from the other commercial buildings on the site. Mr. Burnham stated that the building to be utilized by the restaurant's previous use required 5 parking spaces; however, the applicant provided only 2 parking spaces, and by giving credit for the nonconforming use, the applicant is entitled to a credit of 3 parking spaces. He concluded that the 13 parking spaces (i.e. 10 proposed parking spaces and a credit of 3 parking spaces) that the applicant will be providing is the required number for 520 square feet of "net public area" for a restaurant. Mr. Soffer and Mr. Laycock discussed Finding No. 7, in Exhibit "A ", with respect to the deletion of one compact parking space. Mr. Soffer addressed his concerns regarding the following conditions: Condition No. 11: "That no off -sale beer and wine shall be permitted in conjunction with the subject restaurant." Mr. Soffer stated that his primary concern is that if the restaurant started a catering business that • they would have the option to sell beer and wine to go. Commissioner Pers6n explained that the Planning Commission has previously denied off -sale beer and wine in conjunction with proposed restaurant uses in beach areas inasmuch as -16- COMMISSIONERS CALL MINUTES March 23, 1989 CITY OF NEWPORT BEACH INDEX there has been a concern that the liquor would be carried to the beaches. Commissioner Persbn concluded that Condition No. 11 may not be required. Condition No. 26: "That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer at the time an Assessment District is formed." Mr. Webb stated that the condition could be deleted. Condition No. 27. "That the restaurant development standards pertaining to walls, a portion of the required landscaping, utilities, parking lot illumination and a portion of the required parking spaces shall be waived. Said waiver does not include required public improvements." Mr. Soffer explained that the last sentence could require him to unknowingly agree to an improvement that could occur at a later date. Mr. Laycock explained that the condition was included in Use Permit No. 3291, and that the required public improvements would include improvements that would be referred to in the subject staff report. Mr. Burnham commented that there are no public improvements requested as a condition of approval. Condition No. 28: "That the existing outdoor deck shall be removed so that adequate vehicular maneuverability will be provided for Parking Spaces No. 11 through 15." Mr. Soffer commented that Mr. Burnham's previous statements referred to only the restaurant and the parking adjacent to the restaurant building. Mr. Soffer stated that the former Use Permit No. 3291, Condition No. 28, states "That the existing outdoor deck shall not be used for dining or drinking purposes unless an amendment to this use permit is approved by the Planning Commission." Mr. Laycock and Mr. Webb explained that the plot plan shows that the parking area adjacent to the restaurant needs to be restriped into 5 parking spaces, and there is presently inadequate space to maneuver vehicles without the removal of the patio. Chairman Pomeroy suggested, and Mr. Soffer concurred, that the condition be modified to state "in the event that there is not adequate vehicular maneuverability caused by the deck, the deck shall be removed." -17- Condition No. 29: "That the proposed metal storage • containers shall be used exclusively for the related storage of the subject restaurant." Mr. Soffer did not object to the condition. He addressed his concern that he -17- COMMISSIONERS .p O 4 y�G �,9 X99 y March 23, 1989 9 �O� � POD O y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX be given credit for the non -use of the 730 square foot restaurant storage building. Mr. Soffer stated for the record that he would guarantee that automobiles associated with his property will not interfere with the adjoining property. Commissioner Pers6n commented that Condition No. 30 allows the Planning Commission to bring back the subject use permit for review if there would be any parking problems. Mr. Roger Schwenk, 477 North Newport Boulevard, appeared before the Planning Commission to acknowledge Mr. Soffer's previous comments, and to state his support of the subject project. Commissioner Winburn suggested, and Mr. Soffer concurred, an addition to Condition No. 30 which states that "in the event that problems should arise due to the inadequate off- street parking, the Planning Commission may impose additional conditions such as a reduction in the permitted "net public area" of the facility or provision of additional off - street parking in a manner acceptable to the City." In response to a question posed by Commissioner Merrill, Mr. Soffer explained that the seating area at the bar is within the 520 square feet of "net public area ". Mr. Laycock concurred with Commissioner Merrill that the plan submitted by the applicant is the final plot plan. Dr. Jan Vandersloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. Vandersloot referred to Condition No. 11 regarding his concern of the off -sale beer and wine inasmuch as the subject property is adjacent to the proposed Costa Mesa Freeway. Dr. Vandersloot suggested that the condition be amended to state that no off -sale beer and wine shall be permitted in conjunction with the subject restaurant except for catering uses. Commissioner Pers6n replied that there are several establishments adjacent to the proposed Costa Mesa Freeway that would be selling take -out beer and wine. In reference to Condition No. 16 regarding the minimum number of on -site parking spaces, Dr. Vandersloot suggested that the applicant should • provide at least 13 on -site parking spaces for the restaurant use. -18- COMMISSIONERS ymG�yoyy�y�gyiy March 23, 1989 y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made to approve Use Permit No. 3346, subject to Motion the findings and conditions in Exhibit "A ", with the following modifications: delete Condition No. 11; Condition No. 16 shall state "that a minimum of 10 on -site parking spaces shall be provided for the subject restaurant "; delete Condition No. 26; add to Condition No. 28 "in the event insufficient on -site space exists to maneuver vehicles the removal of the outdoor deck may be required by the Public Works Department."; add to Condition No. 30 "In the event that problems should arise due to inadequate off - street parking, the Planning Commission may impose additional conditions such as a reduction in the permitted "net public area" of the restaurant facility or provision of additional off - street parking in a manner acceptable to the City." Commissioner Pers6n stated that he would support the motion. He clarified that 10 on -site parking spaces would be provided for the restaurant use plus 5 parking spaces located on a different area of the site, totalling 15 on- site parking spaces. Commissioner Di Sano suggested that Condition No. 1 be modified to state "that development shall be in substantial conformance with the approved plot plan 'as it was . presented at the Planning Commission meeting as agreed by the applicant and the staff', and floor plan,... ". Following discussion between the Planning Commission and staff regarding the last sentence in Condition No. 27 which states "said waiver does not include required public improvements ", it was determined that the sentence could be deleted inasmuch as no public improvements have been requested by the City. Discussion ensued between the Planning Commission, Mr. Soffer, and staff regarding Condition No. 28 with respect to the removal of the outdoor deck and the 5 parking spaces that could be developed if the deck were removed. Commissioner Pers6n stated that he had based his support of the motion on the fact that the applicant would be • providing 10 new parking spaces and 5 parking spaces on the adjoining property. Mr. Burnham stated that the parking spaces that are adjacent to the massage parlor are off the -19- COMMISSIONERS A A�e1 fain �. 0� ZoZ9 �y9 yCCa�o March 23, 1989 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX site from which the restaurant is located. He said that the applicant cannot do anything with the parking spaces on the adjacent property because then he would be increasing a nonconformity. He said that the changes that are being proposed on the restaurant site include an increase in the number of parking spaces to satisfy the parking demand of the restaurant itself. He said that if there is no increase in the nonconformity that currently exists with respect to the other commercial buildings on the site, he questioned if the two should be combined in the discussion. Mr. Burnham stated that the focus of discussion regarding the outdoor deck at the public hearing concerning Condition No. 28, Use Permit No. 3291, was whether the deck would be used for dining purposes. In reference to Condition No. 16 regarding on -site parking spaces, Mr. Burnham stated that the condition concerns the parking spaces on the site . of the restaurant. He suggested that Condition No. 16 state that a minimum of 10 on -site parking spaces shall be provided with no mention of the parking area on the north side of the restaurant. With respect to the outdoor deck, Mr. Burnham suggested that the Planning Commission consider only if the deck would be used for dining purposes. In response to a question posed by Commissioner Pers6n, Mr. Soffer explained that the deck was constructed prior to his purchase of the subject property, and that it has remained for aesthetic purposes. Commissioner Pers6n stated that the Planning Commission should be assured that there is onsite parking on the property regardless of whether it is directly the same parcel inasmuch as it is under the control of the same applicant. In response to Mr. Burnham's testimony, Commissioner Pers6n stated that he would like to see 5 parking spaces provided on the adjoining property as they are shown on the plot plan as submitted by the applicant. Commissioner Pers6n withdrew his previous objection to the motion. Chairman Pomeroy and Commissioner Di Sano addressed Use Permit No. 3291, Condition No. 28, regarding the outdoor deck as it pertains to no dining or drinking, and to the plot plan which shall dictate the number of on -site parking • spaces. Commissioner Merrill commented that the plot plan does not show an outdoor deck. -20- COMMISSIONERS MINUTES \20 March 23, 1989 y � CITY OF NEWPORT BEACH ROLL CALL INDEX The maker of the motion amended his motion to delete the aforementioned Condition No. 28, and to add Condition No. 28, as follows: "That the existing outdoor deck shall not be used for dining or drinking purposes unless an amendment to this use permit is approved by the Planning Commission." He requested that the record show that Mr. Soffer has stated that he would correct a parking problem if one existed in the future, and that Condition No. 1 be modified to state that the proposed development shall be in substantial conformance with the plot plan provide by the applicant this date. Motion was voted on to approve Use Permit No. 3346, subject to the findings and conditions in Exhibit "A ", including modified Condition No. 1, deletion of Condition No. 11, Ayes * * * * * amend Condition No. 16, delete Condition No. 26, modify Absent * * Condition No. 27, modify Condition No. 28, and modify Condition No. 30. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to walls, a portion of the required landscaping, utilities, and parking lot illumination will not be detrimental to adjoining properties. 4. That the proposed development will lead to the upgrading of the existing rundown site. 5. 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. 6. That adequate off - street parking will be provided in conjunction with the proposed restaurant. • 7. That the approval of a modification to the Zoning Code, so as to allow one compact parking space will under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort -21- COMMISSIONERS �! 1\1P 0 March 23, 1989 o i 9 2 y p`y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX and general welfare of persons residing or working int he neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is not consistent with the legislative intent of Title 20 of this Code, inasmuch as the City recently approved a universal parking standard, and there is adequate space to provide standard parking spaces on- site. 8. The approval of Use Permit No. 3346, under the circumstances of this case, will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, inasmuch as adequate conditions of approval are hereby adopted and, further, the Planning Commission will have the ability to add to or modify said conditions as necessary to eliminate detrimental effects. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, as presented at the subject Planning Commission meeting and as agreed by the applicant and the staff, and floor plan, except as provided in the following conditions. 2. That the "net public area" of the facility shall not exceed 520 square feet. 3. That all employees shall be required to park on -site. 4. That the restaurant shall be open only between the hours of 7:00 a.m, and 2:00 a.m. daily. S. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. No temporary "sandwich" signs shall be permitted to advertise the approved live entertainment or the restaurant facility. 6. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, -22- COMMISSIONERS MINUTES March 23, 1989 CITY OF NEWPORT BEACH RO r CALL I I I I I I I I I INDEX unless otherwise approved by the Building Department and the Public Works Department. 7. That all trash areas and mechanical equipment shall be screened from adjoining property and public streets. 8. That a trash compactor shall be installed in the restaurant facility. 9. That grease interceptors shall be installed in all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 10. That kitchen exhaust fans shall be designed to • control smoke and odor to the satisfaction of the Building Department, and that said approval shall not unreasonably be withheld. 11. Deleted. 12. That the on -sale service of beer and wine shall be incidental to the primary food service operation of the restaurant. 13. That live entertainment shall be limited to non- amplified music with one musician. The live entertainment shall be permitted only within the building, and all windows and doors (except when entering or leaving the facility) shall be closed during performances. The applicant shall obtain a live entertainment permit and shall comply with any conditions to this permit. 14. That there shall be no amplified live entertainment or dancing unless the Planning Commission approves in amendment to this Use Permit. Recorded amplified music may be permitted if contained within the building. 15. That the on -site parking, vehicular circulation and pedestrian circulation system shall be subject to further review by the City Traffic Engineer. Said parking shall generally conform to the approved -23- COMMISSIONERS March 23, 1989 CITY OF NEWPORT BEACH MINUTES ROM CALL INDEX alternative parking plan unless otherwise approved by the City Traffic Engineer. 16. That a minimum of 10 on -site parking spaces shall be provided for the subject restaurant. 17. That one handicapped parking space shall be provided as required by Code, and that said handicapped parking space shall be designated solely for handicapped self parking and shall be identified by a handicapped sign on a post. 18. That no outdoor storage shall be permitted on the restaurant or related storage area and that the site shall be kept neat and clean at all times. 19. That a parcel map or lot line adjustment shall be submitted to the Planning Department prior.to the • issuance of a building permit, and that said document shall be recorded prior to final inspection of the restaurant facility, unless the new construction or alterations does not exceed $5,000.00 in any one year period. 20. That all improvements be constructed as required by ordinance and the Public Works Department. 21. That landscaping shall be installed and maintained on unpaved portions on -site, and that landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department, Public Works Department, and the Planning Department. Said landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 22. That the applicant agrees not to oppose assessment district procedures for the construction of curb, gutter, and sidewalk along his full frontage at the time at least 508 of the block along the westerly side of Old Newport Boulevard he sidewalk, curb and gutter. completed or commitments made to complete the improvements. • 23. That the applicant shall provide lighting along the frontage of his property sufficient to illuminate the walkway area used by the restaurant patrons to 24 COMMISSIONERS .o 3\0\07120 y�G?,o, oo� oh March 23, 1989 y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX proceed from their cars to the front entrance of the restaurant and return. 24. That the project shall be so designed to eliminate light and glare spillage on adjacent properties. All parking lot lighting shall be subject to the approval of the Planning Department. 25. That no outdoor sound or paging system shall be permitted. 26. Deleted. 27. That the restaurant development standards pertaining to walls, a portion of the required landscaping, utilities, parking lot illumination and a portion of the required parking spaces shall be waived. • 28. That the existing outdoor deck shall not be used for dining or drinking purposes unless an amendment to this use permit is approved by the Planning Commission. 29. That the proposed metal storage containers shall be used exclusively for the related storage of the subject restaurant. 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. In the event that problems should arise due to inadequate off - street parking, the Planning Commission may impose additional conditions such as a reduction in the permitted "net public area" of the restaurant facility or the provision of additional off - street parking in a manner acceptable to the City. 31. 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. -25- COMMISSIONERS .o \90LAX, ymG �o4f s y %o � o y x March 23, 1989 A CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX The Planning Commission recessed at 8:50 p.m. and reconvened at 9:00 p.m. * *,t A. General Plan Amendment No. 88- 2(A)(Continued Public Item No.7 Hearin GPA 88 -2A Request to amend the Land Use Element of the General Plan so as to redesignate property from "Single Family Attached" LCP LUP 15 to "Retail and Service Commercial ". A674, AND UP3195A B. Local Coastal Program Land Use Plan Amendment No. 15 (Continued Public Hearing) 8889 Request to amend the Local Coastal Program Land Use Plan Removed • so as to redesignate property from "Single Family Attached" to "Retail and Service Commercial ". from Calendar AND C. Amendment No. 674 (Continued Public Hearing) Request to amend a portion of Districting Map No. 8 so as to rezone properties on West Ocean Front from the SP -6 (R- 2) District to the SP -6 District. LOCATION: Lots 5 and 6, Block 23, Newport Beach, located at 2308 -2310 West Ocean Front, on the northeasterly side of West Ocean Front, between 23rd Street and 24th Street, in the Cannery Village/McFadden Square Specific Plan Area. AND D. Use Permit No. 3195 (Amended) (Continued Public Hearing) Request to amend a previously approved use permit which permitted a lobby expansion of an existing hotel and the conversion of said hotel to a bed and breakfast facility • which includes the service of a continental breakfast and alcoholic beverages to hotel guests and to the general public within the existing and proposed lobby areas. The proposed use permit amendment includes a further expansion -26- COMMISSIONERS ymo"���soyP <<�°s March 23, 1989 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX of the bed and breakfast facility to include three additional units involving two properties on West Ocean Front which are developed with a single family dwelling and a duplex, twelve newly constructed guest units and a manager's unit on the 23rd Street property, and the conversion of four existing guest units into three guest units. The proposal also includes: a modification to the Zoning Code so as to allow the use of tandem parking spaces in conjunction with a full time valet parking service; a modification to the Zoning Code so as to allow a portion of the first floor decks and handrails and a portion of the second floor guest units to encroach into the required five foot front yard setback adjacent to 23rd Street; and the acceptance of an environmental document. LOCATION: Lots 25 through 28, Block 23, Newport Beach, located at 111 -117 23rd Street, on the northwesterly side of 23rd Street, • between West Ocean Front and West Balboa Boulevard; and Lots 3 through 6 and portions of Lots 29 and 30, Block 23, Newport Beach, located at 2306 -2310 West Ocean Front, on the northeasterly side of West Ocean Front, between 23rd Street and 24th Street, all in the Cannery Village /McFadden Square Specific Plan Area. AND E. Resubdivision No. 889 (Continued Public Hearing) Request to resubdivide four existing lots into a single parcel of land for commercial development. LOCATION: Lots 25 through 28, Block 23, Newport Beach, located at 111 -117 23rd Street, on the northwesterly side of 23rd Street, between West Ocean Front and West Balboa Boulevard, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Piero Serra, Newport Beach -27- COMMISSIONERS MINUTES March 23, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX OWNER: Same as applicant ENGINEER: Jim Skaug, Laguna Beach James Hewicker, Planning Director, stated that staff has recommended that this item be removed from calendar so as to allow the applicant, Piero Serra, additional time to pursue additional land acquisitions which may alter the design of the proposed project. * Motion was made and voted on to remove CPA No. 88 -2A, LCP Motion LUP Amendment No. 15, Amendment No. 674, Use Permit No. Ayes * * * * * 3195 (Amended), and Resubdivision No. 889 from calendar.. Absent * * MOTION CARRIED. Amendment No. 675 (Public Hearin H) Item No.8 • Request to amend certain sections of Title 20 of the A675 Newport Beach Municipal Code so as to establish floor area ratios and land intensities consistent with the General Adopted Plan. Resolution No. 1187 INITIATED BY: The City of Newport Beach Robert Lenard, Advance Planning Manager, stated that subsequent to the February 23, 1989, Planning Commission meeting, staff has added specific uses to Table 20.07, Land Use Categories, added a provision that allows a different standard for conversion of buildings that were constructed prior to the adopted General Plan, and modified the building bulk standards so that a building that was permitted at a reduced floor area ratio would have a bulk standard at a reduced floor area ratio plus a .25 credit for covered parking as opposed to the floor area ratio of 0.50 with a .25 credit for covered parking. Mr. Lenard referred to the contents of the addendum to the staff report that was distributed to the Planning Commission prior to the subject public hearing. He addressed Section 20.07.020, Intent and Purpose, that was inadvertently deleted from the previous staff report. He stated that Section 20.70.030, Definitions, adds stair wells and elevator shafts to building bulk, and not in the • allowable floor area ratio. Mr. Lenard suggested that in order to go to a maximum floor area ratio use that is -28- . COMMISSIONERS 4 0 March 23, 1989 d CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX beyond the base floor area ratio, that the variance procedure be used by adding the eight use permit findings that need to be made to approve a use permit to the three findings in the Variance Procedures. Mr. Lenard stated that further changes that were made subsequent to the February 23, 1989, staff report include modified Table 20.07, Land Use Categories, and the addition of 20.82.020 (D), Variance Procedures, that includes the foregoing eight additional findings. Mr. Lenard referred to illustrations that depict how the mechanics of the Floor Area Ratio Ordinance could be administered. The public hearing was opened in connection with this item, and Dr. Jan Vandersloot, 2221 - 16th Street, appeared before the Planning Commission. Discussion ensued between Dr. Vandersloot, Commissioner Pers6n, and staff regarding how the definition of building bulk and gross floor area pertain to the calculation of elevators and stair wells. • Staff suggested that the last sentence of the second paragraph under "Building Bulk ", be deleted inasmuch as it was inadvertently not deleted when the paragraph was rewritten. Dr. Vandersloot referred to Table 20.07, Land Use Categories, and he suggested that the category of Maximum FAR Uses be modified to state "Floor area ratio up to .75/1.0", inasmuch as .75 is the maximum floor area ratio in Mariner's Mile. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Winburn addressed Table 20.07, Land Use Categories, Maximum FAR Uses, "Group Living" regarding elderly care. Following a discussion between the Planning Commission and staff, it was concluded that instead of identifying individual elderly care facilities that the use would state "congregate care and other elderly residential facilities ". Motion * Motion was made to recommend that City Council adopt Resolution No. 1187, Amendment No. 675, as amended by the addendum to the staff report, including the aforementioned deletion of "However, stair wells and elevator shafts which be counted at only one level." • -29- COMMISSIONERS MINUTES March 23, 1989 CITY OF NEWPORT BEACH INDEX In response to Commissioner Pers6n's concern regarding the eight findings that would be added to the Variance procedure, Mr. Hewicker explained that the Variance section of the Zoning Code would be revised to state that when an applicant is requesting a Variance pertaining to floor area ratio that in addition to the findings that are currently required the applicant would have to make the aforementioned eight findings. Discussion ensued between the Planning Commission and staff with respect to if nail salons, video rentals, and walk up tellers should be required to have discretionary approval, or to require different parking standards for the businesses that are located in the commercial areas as opposed to community shopping centers. Chairman Pomeroy commented that there are areas where video Mr. Hewicker addressed Table 20.07, Land Use Categories, Reduced FAR Uses, concerning video rentals, nail salons, and walk up teller. He stated that the parking requirements for the uses could be a conflict inasmuch as the businesses are typically located in older strip commercial areas with legal nonconforming parking, or where there is a pool of parking in the community shopping centers. Discussion ensued between Commissioner Pers6n and staff with respect to the mechanism that could be used between the Business License Division and the Planning • Department to govern the foregoing uses. Mr. Burnham stated that the Business License distributes forms from the Planning Department that alerts the license applicant that the license does not give them the right to go into business. He stated that the form advises that the applicant may need permission from either the City Council or the Planning Commission to impose requirements by other provisions of the Zoning Code. Mr. Burnham stated that the Business License Division solely raises revenue in accordance with the Business License Ordinance, and an amendment to that Ordinance would have to be approved by the City Council. Discussion ensued between the Planning Commission and staff with respect to if nail salons, video rentals, and walk up tellers should be required to have discretionary approval, or to require different parking standards for the businesses that are located in the commercial areas as opposed to community shopping centers. Chairman Pomeroy commented that there are areas where video -30- rentals, nail salons, and walk up tellers have adequate parking, and there are times when there is traffic impact. He suggested that the uses be transferred from Reduced FAR Uses (Floor area ratio up to 0.3) to Base FAR Uses (Floor area ratio up to 0.5). The maker of the motion concurred, and amended the motion to include the recommendation. -30- COMMISSIONERS March 23, 1989 ayya oy C��'o�,yo CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Ayes * * * * * Motion was voted on to recommend to City Council that Absent * * Resolution No. 1187, Amendment No. 675, be adopted as amended. MOTION CARRIED. General Plan Amendment 88- 2(C)(Public Hearing) Item No.9 Request to revise the Housing Element of the Newport Beach General Plan as required by State Law. GPA 88 -2C INITIATED BY: The City of Newport Beach Continued to James Hewicker, Planning Director, recommended that this 4 -13 -89 item be continued to the April 13, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue General Plan * * * * * Amendment 88 -2(C) to the April 13, 1989, Planning tnt * * Commission meeting. MOTION CARRIED. Discussion Item: Discussion Item No.1 Discussion of Proposed Agenda Items For The Joint City Council /Planning Commission Meeting Joint CC /PC In reference to the list of Special Studies and Projects, Meeting Commissioner PersGn recommended that instead of considering "Add Use Permit Requirements for Charter Boat Operations ", that the item be revised to state "To review uses which require use permits ", which would include charter boat operations. ADJOURNMENT: 9:38 p.m. Adjournmen GARY DI SANG, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -31-