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HomeMy WebLinkAbout04/04/1991COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES A PLACE: City Council Chambers 0 0� `�cnr0 TIME: 7:30 P.M. �o DATE: April 4, 1991 CITY OF NEWPORT BEACH ROLL CALL III Jill I INDEX Present Commissioner PersBn was absent. Absent * x x x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x x x William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary x x : 0 Minutes of March 7 1991: minutes of Motion Motion was made and voted on to approve the March 7, 1991, 3 -7 -91 Ayes * * * * * Planning Commission Minutes. MOTION CARRIED. Absent x x x Public Comments: Public Comments Chairman Debay asked Don Webb, City Engineer, what the City's plans are for moving traffic through intersections on the Balboa Peninsula during construction on Newport Boulevard. Mr. Webb explained that occasionally two lanes will be closed on Newport Boulevard during construction; however, there will be a detour to West Balboa Boulevard. Mr. Webb further explained that the temporary traffic signals that have been installed are no longer interconnected and are creating traffic congestion at the intersections. In response to a question posed by Chairman Debay, Mr. Webb replied that letters are being sent to Community Associations to keep the residents up -to -date of the construction on Newport Boulevard. In response to a question posed by Chairman Debay, Mr. Webb explained that there will be increased COMMISSIONERS rO � o °� �� ��' 0 \ CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX enforcement at the intersections to assist the traffic flow. Commissioner Pomeroy commented that Rancho California inaugurated traffic guards that are not policemen at congested intersections so as to improve traffic flow. Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, March 29, 1991, in front of City Hall. A. Use Permit No 1889 (Review) (Public Hearing) Item No.1 Request to review a previously approved use permit which UP1889 permitted the construction of 2, two -story buildings for a mixture (Review) of retail, office and light manufacturing uses on property located in UP3412 the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included a Cont ' d modification to the Zoning Code so as to allow the use of compact to parking spaces for a portion of the required off- street parking. The 4 -18 -91 proposed review involves consideration of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site. APPLICANT: Edward B. Robinson, Newport Beach AND B. Use Permit No. 3412 (Public Hearing) Request to permit the establishment of a commercial wedding chapel /public assembly use in conjunction with an existing boat chartering operation on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to approve an off -site -2- April 4, 1991 COMMISSIONERS 0\ \� \ CITY OF NEWPORT BEACH MINUTES ROLL CALL III Jill I INDEX parking agreement so as to allow a portion of the required off - street parking to be provided on property located behind property located at 2434 West Coast Highway (Sonship Christian Bookstore). LOCATION: Site of boat repair, boat chartering and wedding chapel: A portion of Lot H, Tract No. 919, located at 2701 -2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. Site of Off -site parking: Parcel 3 of Parcel Map 90 -173 (Resubdivision No. 926), located behind property located at 2434 West Coast Highway. • ZONE: SP -5 APPLICANT: Pacific Avalon Marine, Inc., Newport Beach OWNER: Bertha Robinson, Newport Beach James Hewicker, Planning Director, introduced Tony Melum, Tidelands Administrator of the Marine Department, and Glen Everroad, Business License Supervisor, City of Newport Beach. Tony Melum, Tidelands Administrator, appeared before the Planning Commission. Mr. Melum explained that subsequent to when Chapter 17.41 of the Municipal Code was initiated so as to regulate routes of travel, hours of operation, and types of entertainment on commercial charter activities in Newport Harbor, there has been significant growth in charter boat activity. He stated that inasmuch as the boat charter growth caused problems with respect to noise, trash, parking, vehicular traffic, and traffic within Newport Harbor, the Ordinance was revised to require a license to operate charter boats in Newport Harbor. Mr. Melum indicated there are two types of applications to operate a charter boat business that require permits - bareboat operation and fixed base operation or certified vessel operation. He explained that a bareboat operation gives the vessel to the charter operator within -3- COMMISSIONERS ,r��. ono CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX an allotted time frame, and it is controlled by booking agents throughout the Harbor area. He explained that a fixed base operation, a Coast Guard certified vessel, is administered through the Municipal Code which enables the operator to take passengers for hire without giving the vessel to charter. He said that a fixed base operation requires on -site parking, an off -site parking agreement, or a definite parking plan that relates to the site; a Coast Guard certified vessel; and conditions pertaining to trash disposal, noise, the location of the boat, etc., and if the operation provides the aforementioned requirements, a lifetime permit is issued. Mr. Melum explained that the fixed base operation is controlled by the Marine Department, and the bareboat operation is controlled by the Business License Division. He indicated there are approximately six charter boat operations in Newport Harbor that qualify as fixed boat operations. Chairman Debay and Mr. Melum discussed a previous recommendation by the Marine Department that the City Council • review applications for permits that would require a public hearing. In response to questions posed by Commissioner Edwards, Mr. Melum explained that the current permit system adequately meets the needs to regulate boat charters on the basis that the procedure has eliminated many concerns previously expressed by the public. He further replied that there is no limit to the number of permits issued as long as operators meet the conditions in the Municipal Code. Mr. Melum further replied that the revocation of a permit would be based on a vessel breaking Coast Guard regulations, if the commercial activity adversely affects the public, or if the conditions are not met on the permit. In response to a question posed by Commissioner Di Sano, Mr. Melum replied that the current system is the most effective procedure to administer the permits. In response to a question posed by Commissioner Merrill, Mr. Melum explained that the Harbor Department, Business License Division, and the Code Enforcement Division of the Planning Department, administer the permits and complaints. He further explained that the Marine Department inspects the vessels, docks, • and site, and the staff contacts the Harbor Department if there are -4- COMMISSIONERS gSE' o�, � c �Y ��' �� � CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL 1 11 Jill I INDEX further concerns. Mr. Melum explained that the Marine Department relies on the Planning Department to review and recommend parking requirements for the site. In response to a question posed by Chairman Debay, Mr. Melum replied that he did not believe that the approval of a use permit system would be necessary inasmuch as the current system is effective. In response to questions posed by Mr. Hewicker, Mr. Melum replied that after requirements of the Marine Department have been met, the charter boat operator receives a Commercial Harbor Activity Permit that is not reviewed by a City Council committee. He further replied that if a dock is installed or revised, the request would automatically go to the City Council. Mr. Glen Everroad, Business License Supervisor, appeared before the Planning Commission. Mr. Everroad stated that Chapter 5.18 • of the Municipal Code was adopted by the City Council to enforce boat cbarters, and Chapter 17.30 of the Code was adopted to regulate pump out stations. He said that prior to the adoption of Chapter 17.30, any commercial bay front property was an authorized boarding location, and after the approval of Chapter 17.30, the Business license Division was only authorized to allow charter boats from commercial facilities with pump out stations in place, resulting in a decrease in the number of boarding locations. Mr. Everroad stated that in 1990, 32,000 people were authorized to board charter boats, and 800 charter permits were issued by the Business License Division. He indicated that a marine charter agent contacts the Business License Division to apply for a charter permit. In response to a question posed by Chairman Debay, Mr. Everroad replied that the Business License Division has been concerned that adequate parking be provided by the subject charter boat facility considering the volume of charter operations that have originated from the subject site. He stated that the review of the subject use permits will assist the Business License Division in considering the available off -site and on -site parking. In response to a question posed by Chairman Debay, Mr. Everroad stated that the Business • License Division requires charter operators located at the John Dominis Restaurant site to provide evidence of off - street parking -5- April 4, 1991 COMMISSIONERS MINUTES O '�Q'O.O C �q d� A ��' �U CITY OF NEWPORT BEACH ROLL CALL J I I I INDEX inasmuch as there is no available on -site parking according to the evidence provided by the use permit. Mr. Hewicker stated that the use permit does not address the issue of charter boat activity. In response to questions posed by Commissioner Merrill, Mr. Everroad replied that his documents indicate that at least 10 different vessels have operated from the subject site; however, two vessels have operated primarily out of the subject location. Mr. Everroad stated that several vessels depart from the subject location on a typical day during the peak season. He further replied that at least seven different vessels have operated out of the Chart House Restaurant location; however, the records indicate that the vessels have not departed on the same day. In response to a question posed by Commissioner Edwards, Mr. Everroad explained that the charter permit process is specific to a typical vessel operating from a specific location at one designated time. He stated that the Business License Division administers • permits on a charter by charter basis. In response to a question posed by Mr. Hewicker, Mr. Everroad concurred that there are certified boats that are administered by the Business License Division on a charter by charter basis over an extended period of time. Mr. Everroad further replied that the Business License Division contacts the Planning Department to be certain that adequate parking is available for the charter operation. In response to a question posed by Commissioner Merrill, Mr. Everroad replied that Chapter 5.18 gives the Business License Division authorization to suspend charter activities for confirmed violations of conditions of previously issued permits. He explained that the violations consist. primarily of noise violations, recurring offenses by the applicant, or misrepresentation of material fact on the application. In response to a question posed by Chairman Debay, Mr. Everroad explained that the Business License Division does not regulate the operation of a boat yard; however, he explained that the Division's authorization of charter activities by the applicant for the number of vessels located at the facility created a problem for the boat yard • operation inasmuch as the operator could not access the yard because of the number of charter vessels located at the subject site. -6- COMMISSIONERS A O 4f� \� \ CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL lil Jill I INDEX He explained that the situation was corrected inasmuch as several of the vessels are no longer at the facility. Mr. Hewicker stated that the purpose of the review of Use Permit No. 1889 is that the City received a request to revise the layout of the dock facility bayward of the subject property. He said that when the permit was received by the Marine Department, and the request was reviewed by the Tidelands Committee and the City Council, a concern was raised by members of the Tidelands Committee as to the relationship between the current charter operations occurring on the site as administered by the Business License Division and the ability of the boat yard to remain as was anticipated by the use permit which allowed the office building on the property. He said that the input that was given members of the City Council was that the operator of the boat yard was having a difficult time in continuing with the boat yard activities inasmuch as it was difficult to access the water because of the location of a charter boat at the facility. Mr. Hewicker stated that the request for . the Commercial Harbor Activity was referred by the City Council and the Tidelands Committee to the Planning Commission because the Commission has the jurisdiction over the use permit for the boat yard and the office space on the site. He indicated that the Commission has the authorization to allow charter boat activity under certain conditions, or a condition could be added that would stipulate that there will be no charter boat activity at the subject location. In response to questions posed by Commissioner Glover, Mr. Hewicker replied it is the ability of various tenants to interact plus the role of the landlord to resolve disputes that could arise among the tenants. Mr. Hewicker stated that it has been the goal of the City to maintain the boat yard at the subject site. William Laycock, Current Planning Manager, referred to the addendum to the staff report suggesting that Exhibit "A" of Use Permit No. 3412 be modified as follows: Finding No. 6 with respect to a minimum 3 year lease for the use of the off -site parking area; Condition No. 4 has been revised to be more specific in requiring 41 parking spaces be provided at the off -site location for the wedding chapel for a minimum of 3 years; Condition No. 5 has • been added to require 63 parking spaces (22 on -site and 41 off -site parking spaces) be utilized for the wedding chapel /public assembly -7- April 4, 1991 COMMISSIONERS �.� �d�r• a•� c �0' � CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX area based upon the public area in the wedding chapel, and the use of the wedding chapel has been restricted to after 6:00 p.m. Monday through Friday and all day Saturdays, Sundays, and holidays so as to be assured that the 63 parking spaces would be provided; Condition No. 7 has been added so that no valet or tandem parking shall be permitted on -site, but valet parking and 7 tandem parking spaces would be permitted on the approved off -site parking lot, subject to the approval of the City Traffic Engineer. Mr. Laycock suggested that if the Planning Commission desires to limit boat chartering activity on the subject property through Use Permit No. 1889, the revision to Use Permit No. 1889, Condition No. 27 would allow a specific number of passengers on specific days for the boat charter facility. Mr. Laycock explained that the foregoing findings and conditions for Use Permit No. 1889 discussed in the staff report would not be necessary if the permit procedure is maintained as it currently exists through the Business • License Division. In response to a question posed by Chairman Debay, Mr. Laycock explained that the applicant must submit a lease indicating an agreement that off -site parking would be available for three years. Robin Flory, Assistant City Attorney, explained that the leasehold agreement be of a duration that is adequate to serve all of the uses available at the building site. The City Attorney's Office and the Planning Department agreed that a three to five year agreement should be required of the off -site parking agreement. In response to a question posed by Commissioner Edwards, Ms. Flory explained that if the applicant loses the off -site parking after three years, the Planning Commission would have to review the use permit. Mr. Hewicker explained that the off -site parking agreement requires that if the holder of the agreement loses the parking, then the applicant is required to reduce or cease operation to the extent that there is available on -site parking, and to secure additional parking and come back to the City with a new off -site parking agreement. In response to questions posed by Commissioner Glover regarding the foregoing Condition No. 7, Mr. Laycock explained that the City Traffic Engineer has requested no on -site valet parking. Mr. Hewicker further replied that it is up to the charter operator to • notify the passengers where the parking facilities are located. -8- April 4, 1991 COMMISSIONERS c� sow , o, FPO �q� d .\ "I CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX In response to a question posed by Chairman Debay, Mr. Laycock explained that the existing off -site parking is located behind property at 2434 West Coast Highway. The public hearing was opened in connection with this item, and Mr. Ted Robinson, applicant, appeared before the Planning Commission. Mr. Robinson addressed the staff report wherein it is stated that the wedding chapel is proposed to maintain a floor area of 2,187 square feet, and he said that the wedding chapel is 805 square feet. He explained that 1,300 square feet .consists of office space for Avalon Pacific. Mr. Laycock stated that it was staffs opinion that the operator intended to expand the wedding chapel. Mr. Robinson stated that the 805 square feet was leased as a wedding chapel, and 1,300 square feet was leased as office space. He indicated that it would be necessary to go through a bearing wall if the area would be extended beyond the 805 square feet. Mr. Robinson stated that the requested docks applied for would have resolved concerns inasmuch as the docks would be • moved adjacent to the ramps, and one of the new docks would be utilized by the shipyard. He stated that the charter business does not utilize many parking spaces during the day, and that provides an area that is available to the shipyard. In response to a question posed by Chairman Debay, Mr. Robinson replied that he would concur with the findings and conditions in Exhibit "A" for Use Permit No. 3412. Mr. Al Larson, former owner of Larson Shipyard, appeared before the Planning Commission. He indicated that Mr. Robinson always displayed integrity in business transactions, and that the present owners of the shipyard are doing an excellent job of operating the shipyard. He indicated that he could not determine why a charter boat business ccould not operate in conjunction with the shipyard. Mr. John Gueola, partner at Pacific Avalon Marine, appeared before the Planning Commission. He explained that the wedding chapel consists of one of the offices on the first floor, and said use consists of 805 square feet of floor area. Mr. Gueola stated that the balcony is used after a wedding ceremony; however, he said there is no intent to expand the wedding chapel to 2,187 square • feet. In response to a question posed by Chairman Debay, Mr. Gueola explained that the plans submitted to staff indicated an -9- April 4, 1991 COMMISSIONERS gyp. S 0' �' CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX intent to expand the wedding chapel; however, he said that the plans have been modified because of the expense that would be incurred to expand the operation. Mr. Hewicker stated that the plans submitted to staff indicate a public assembly area with a width of an approximate 36 feet and a length of an approximate 62 feet, totalling approximately 2,188 square feet, and separated by accordion doors. Mr. Hewicker stated that if the plans have been modified, then new plans must be submitted to staff inasmuch as the parking requirement would be amended. Mr. Laycock stated that in addition to the wedding chapel, there could be other areas considered as a public assembly areas such as areas for parties, and those areas could exceed 800 square feet. Mr. Gueola concurred that all charter boat facilities should provide parking facilities, and he did not foresee a problem obtaining an off -site parking agreement. Mr. Gueola stated that the wedding chapel is also used to assemble the passengers before departing on a boat. Chairman Debay pointed out that the Planning Commission is concerned that a wedding could occur at the same time that there is a boat • charter, and the double event would impact the facility. Commissioner Di Sano suggested that the revised plan not include an accordion wall, and be specific with respect to the size of the wedding chapel. Dr. Jan VanderSloot, representing the Newport Heights Community Association, appeared before the Planning Commission. Dr. VanderSloot addressed the Association's concerns regarding the traffic and parking in the Mariner's Mile area, and the boat charter and wedding chapel at the subject facility. Dr. VanderSloot referred to the proposed widening of West Coast Highway between Tustin Avenue and Riverside Avenue, and he determined that off -site parking could be less feasible for businesses on the coast side of West Coast Highway. Dr. VanderSloot addressed the Traffic Phasing Ordinance at Riverside Avenue and West Coast Highway, and he said the traffic generated by the intensity of use may impact the TPO. Chairman Debay and Commissioner Pomeroy pointed out that there would not be an intensification of use at the subject facility. There being no others desiring to appear and be heard, the public hearing was closed at this time. -10- April 4, 1991 COMMISSIONERS A 0� CITY OF NEWPORT BEACH MINUTES ROLL CALL III fill I INDEX Motion Motion was made to continue Use Permit No. 1889 (Review) and Ayes * * * Use Permit No. 3412 to the April 18, 1991, Planning Commission Absent * meeting. Commissioner Glover suggested that Mr. Robinson's responsibilities should be clarified, and what constitutes Pacific Avalon. Mr. Hewicker explained that an interested party, not necessarily the property owner, can be the applicant, and the use permit runs with the land. He said if there is a problem, the ultimate parry to solve the problem would be the owner of the property. In response to a question posed by Chairman Debay, Mr. Gueola concurred with the findings and conditions in Exhibit "A ", Use Permit No. 3412. The motion was voted on to continue Use Permit No. 1889 (Review) and Use Permit No. 3412 to the April 18, 1991, Planning Commission meeting. MOTION CARRIED. Exception Permit No. 40 (Discussion) Item No.2 Request to permit the installation of two free standing ground signs EP4o on a site which exceed three feet in height and width, located on property within the "Recreational and Marine Commercial" area of Approved the Cannery Village /McFadden Square Specific Plan Area, where the Zoning Code permits only one ground sign on a building site with a maximum height and width of three feet. LOCATION: Lots 1 - 5, Tract No. 14025, located at 2600 - 2700 Newport Boulevard, on the southeasterly comer of Newport Boulevard (northbound) and 28th Street, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Newcomb Development, Newport Beach OWNER: N/R Marina Partners, Newport Beach -11- April 4, 1991 COMMISSIONERS .o a CITY OF NEWPORT BEACH MINUTES ROLL CALL 11 Jill I INDEX The discussion was opened in connection with this item, and Ms. Mary Borgia appeared before the Planning Commission on behalf of the applicant. Ms. Borgia concurred with the findings and conditions in Exhibit "A ". Motion Motion was made and voted on to approve Exception Permit No. Ayes * * * 40 subject to the findings and conditions in Exhibit "A ". MOTION Absent * CARRIED FINDINGS: 1. That the proposed signs are compatible with surrounding land uses. 2. That the proposed signs will not have any significant environmental impact. 3. That there are exceptional or extraordinary circumstances • involved with the property which make two ground signs necessary to achieve the identification of the subject property or buildings, given the multiple street frontages. 4. That the proposed signs are consistent with the character and design of the structures previously approved by Site Plan Review No. 52 and related applications on the subject property. 5. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the Municipal Code or the Development Standards of the Cannery Village \McFadden Square Specific Area Plan and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and elevations except as noted • below. -12 April 4, 1991 COMMISSIONERS MINUTES ,i CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the applicant shall obtain approval from the City Traffic Engineer, prior to issuance of building permits, of the location of the proposed signs. 3. That the two proposed freestanding monument signs be located so that sight distance is provided in conformance with the City Sight Distance Standard 110-L. Mt R Modification No 3810 (Appeal) (Public Hearing) Item No.3 Request to appeal the decision of the Modifications Committee Mod. 3810 which denied the request to permit the as -built construction of a (Appeal) carport which is 7 feet 10 inches wide and 15 feet deep, where the Approved Zoning Code requires a width of 8 feet and a depth of 16 feet, clear inside dimensions, for the third parking space. LOCATION: Lot 1, Block 15, Section 3, Balboa Island, • located at 300 Sapphire Avenue, on the northeasterly corner of Sapphire Avenue and Balboa Avenue, on Balboa Island. ZONE: R -1.5 APPLICANTS: Gil and Anita Ferguson, Balboa Island OWNERS: Same as applicants APPELLANTS: Same as applicants The public hearing was opened in connection with this item, and Mr. Gil Ferguson, applicant, appeared before the Planning Commission. Mr. Ferguson stated that the structure was built in accordance with the plans that were submitted to the City and the Coastal Commission. He addressed the activity that took place on the day that the curb cut on Balboa Boulevard was to be installed, and the inspector red tagged the subject curb cut because the carport was not the required length. Mr. Ferguson stated that after a 14 inch step was removed from the patio /parking area to the structure the inspector did not approve the carport, and the applicants were required to apply to the Modification Committee. -13- April 4, 1991 COMMISSIONERS .o d O CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX He pointed out that the lot is 30 feet wide, and the plan incorrectly indicates 31 feet 8 inches. Mr. Ferguson stated that the carport is 7 feet 10 inches wide instead of the required 8 feet, and the difference of 1 -1/2 inches would be the stucco that was put on the structure. Mr. Ferguson referred to the staff report indicating that the breakfast room was built in front of the carport wherein he commented that the statement is incorrect. Mr. Ferguson stated that the measurement was made to the sidewalk and not to the property line which would have increased the length of the carport by 1 foot 8 inches. Mr. Ferguson expressed concern that the error was not caught before the structure was built. Mr. Ferguson submitted photographs of an automobile parked in the carport area that is situated completely on the property. In response to a question posed by Chairman Debay, Mr. Ferguson concurred with the findings and conditions in Exhibit "A" with the exception of Condition No. 4 that requires that a sliding gate be . utilized if it is the desire of the applicants to enclose the subject parking space. He said that electricity has been installed for the sliding gate and there would not be a problem with the gate; however, he stated that they would prefer to maintain the existing swinging doors. Commissioner Pomeroy addressed the parking problems that occur on Balboa Island and he said that property owners have been known to park automobiles in a patio area so as to provide an additional parking space, and he indicated it is easy to make an error on a set of plans. In response to a question posed by Commissioner Edwards, Mr. Ferguson replied that he would prefer swinging doors to the sliding gate for privacy. Mr. Webb stated that the City does not want a gate that opens on to the right -of -way, and he explained that a sliding gate could be used efficiently and securely to park an automobile. Commissioner Merrill stated that the applicants could use an accordion door and Mr. Webb concurred. In response to a question posed by Commissioner Glover, Mr. Ferguson stated that a gate would not provide the requested -14- April 4, 1991 COMMISSIONERS O I \ON NIP\ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX security, and the public could intrude on their living space if a gate was not on the property. Commissioner Di Sano and Mr. Ferguson discussed the feasibility of an automobile overhanging from the carport to the right -of -way, and the concerns of public safety. Commissioner Merrill pointed out that there is a 2 foot area between the property line and the sidewalk. Mr. Hewicker stated that the City has concerns that the applicant provide the required parking space. He said that according to the approved plan, on the exterior side of the property adjacent to Balboa Avenue, the existing garage and structure encroach to the side property line, and the dimension from the property line to the patio states that the carport maintains a depth of 16 feet 8 inches. He stated that an area on the plan provides a space for the breakfast nook and a 3 foot setback on the interior side. Mr. Hewicker addressed the form that was laid out for the foundation • of the building by the contractor, and he questioned why the contractor did not measure to be certain that the depth of 16 feet 8 inches was provided for the parking space inasmuch as the reference line was the comer of the existing structure. Discussion ensued between Mr. Ferguson and Mr. Hewicker, and it was agreed that the measurement depends on the location of the point of reference. Commissioner Glover asked what the applicant would be required to do if the application would be denied. Mr. Hewicker explained that the option would be to modify the structure so that the applicant comes up with the required depth for the parking space as indicated on the original plans, or the decision could be appealed to the City Council. There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made to approve Modification No. 3810 subject to the Motion Ayes * * * findings and conditions in Exhibit "A ". No t Commissioner Pomeroy stated that the carport adequately maintains the space for an automobile. -15- COMMISSIONERS �0 CITY OF NEWPORT BEACH April 4, 1991 MINUTES. ROLL CALL INDEX Chairman Debay indicated that the applicants have stated that the area is intended to be used as a carport for automobile storage. Motion was voted on to approve Modification No. 3810, MOTION CARRIED. i in s• . 1. That the approved construction will not be detrimental to the surrounding area or increase any detrimental effect of the existing use. That the size of the as -built parking space is adequate to accommodate a vehicle. 3. That the size of the as-built parking space, in this case, will not cause a vehicle to extend into the public right -of -way, behind the sidewalk along Balboa Boulevard. Son itio 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations, except as noted below. That the approved width of the as-built parking space is 7 feet 10 inches in width by 15 feet in depth. That 3 on -site parking spaces shall be maintained for the parking of vehicles at all times. That if it is the desire of the applicants to enclose the subject parking space, a sliding gate shall be utilized. An encroachment permit shall be required if said gate is located in the public right -of -way. That the approved set of building plans, on file in the Building Department, be revised to reflect the as-built dimensions. -16- COMMISSIONERS A �0' U \CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX The Planning Commission recessed at 9:25 p.m. and reconvened at 9:32 p.m. Variance No. 1174 (Public Hearin&) item No.4 Request to permit alterations and additions to an existing single V1174 family dwelling which maintains the following nonconformities: Approved exceeds the allowable 1.5 times the buildable area of the site; encroaches between 6 inches and 3 feet into the required 3 foot side yard alley setback; encroaches between 9 inches and 3 feet into the 3 foot interior side yard setback; encroaches between 4 feet 6 inches and 12 feet 5 inches into the required 20 foot front yard setback adjacent to Park Avenue; and provides no off - street parking. The proposed alterations include the conversion of two ground floor bedrooms into a den and an expanded living room /dining room. The proposed additions include a 39 t square foot addition to the living room and a 150± square foot addition . to an existing second floor bedroom. The proposal also includes a modification to the Zoning Code so as to allow the proposed living room addition to encroach between 9 feet 6 inches and 12 feet 5 inches into the required 20 foot front yard setback and a small portion of the second floor bedroom addition to encroach 6 inches into the required 3 foot side yard alley setback. LOCATION: Portions of Lots 10, 11 and 12, Block 5, Section 5, Balboa Island, located at 1710 Park Avenue, on the northerly side of Park Avenue, between East Bay Front and Crystal Avenue, on Balboa Island. ZONE: R -1S APPLICANT: Ms. Patti Barnette, Balboa Island OWNER: Same as applicant James Hewicker, Planning Director, stated that letters of opposition to the proposed project from William Goode, 211 East Bay Front • and Jack Paschall, Jr. 209 East Bay Front, were received prior to the public hearing. -17- April 4, 1991 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Doug Ahlstrom appeared before the Planning Commission on behalf of the applicant, and he concurred with the findings and conditions in Exhibit "A ". Mr. Ahlstrom referred to the Public Works Department's concerns as stated in the staff report. Mr. Ahlstrom stated that the applicants intend to maintain a 36 inch height at the comer of Park Avenue and the alley as proposed by the Public Works Department in suggested Condition No. 7 in Exhibit "A". He stated that the applicants oppose Condition No. 8 suggested by the Public Works Department requesting that 25 feet of the existing side yard fence be relocated to provide a minimum 20 foot clearance between the fence and existing garage doors across the alley inasmuch as adequate vehicular maneuverability currently exists in the alley. In response to a question posed by William Laycock, Current Planning Manager, Mr. Ahlstrom stated that the applicants have no objection to trimming the landscaping to a maximum height of 36 inches as requested in suggested Condition No. 7. • In response to a question posed by Commissioner Di Sano, Mr. Ahlstrom replied that the applicants concur with the findings and conditions in Exhibit "A" and they would approve of suggested Condition No. 7 as proposed by the Public Works Department. Mr. Arnold Schneider, 1706 Park Avenue, appeared before the Planning Commission, and he stated that he did not object to the proposed variance. Mr. Schneider stated that he had a concern with the storage area that is located adjacent to the alley and his property. Mr. Ahlstrom reappeared before the Planning Commission, and he responded to Mr. Schneider's concern. He stated that the storage area is proposed to be a utility room that would include a washer and dryer. Discussion ensued regarding the requirement of a one hour fire wall for the storage area. Mr. Ahlstrom stated that the storage area was originally constructed as a bathroom and the utility area includes the necessary plumbing to install a washer and dryer. Mr. Metro Musey, Little Balboa Island resident and a member of • the Little Balboa Improvement Association, appeared before the Planning Commission only as a property owner, and he stated his -18- COMMISSIONERS o � o 10 CITY OF NEWPORT BEACH April 4, 1991 MINUTES E ROLL CALL r INDEX objection to the proposed variance. Mr. William Goode, 211 East Bay Front, appeared before the Planning Commission. He agreed with the improvements on the property; however, he stated his concerns regarding the bulk and height of the project and that no parking is provided on the site. Mr. Ahlstrom explained that the proposed height will not exceed the existing height of the structure. Mr. Ahlstrom explained that the proposal is to reconstruct the first floor to provide open beam ceilings inasmuch as the existing ceiling height is only seven feet. Mr. Ahlstrom reappeared before the Planning Commission in response to a question posed by Mr. Laycock. He explained that on the lower level there are two bedrooms, and there is an access by an exterior stairway at the second floor level to a bedroom and a bathroom. Mr. Ahlstrom stated that the proposal is to expand the second floor bedroom, eliminate the exterior stairway and include an interior stairway, and eliminate one of the two first floor • bedrooms. Ms. Patti Barnette, property owner, appeared before the Planning Commission, and she stated that her father built the structure as a 'kit' house in 1937. Ms. Barnette stated that the height of the structure will remain as it currently exists, and the existing storage area was built for her as a bedroom and a bathroom. Ms. Barnette stated that the intent of the variance is to remodel the structure into a one bedroom home, and the applicants intend to have no more than two automobiles on the property. She emphasized that the structure will enhance the property. There being no others desiring to appear and be heard, the public hearing was closed at this.time. Robin Flory, Assistant City Attorney, explained that the applicants will be required to obtain a Building Permit to remodel the structure, and she suggested a condition that would state that any changes in the design of the plumbing and electricity require a Building Permit so as to address the concerns regarding the one hour fire wall. Commissioner Edwards pointed out that a condition • would not be necessary inasmuch as a Building Permit is required. -19- COMMISSIONERS d�qY c� d'd,d ��.� �� � CITY OF NEWPORT BEACH April 4, 1996NUTES ROLL CALL INDEX Mr. Hewicker stated that older structures that are in close proximity to the bay and ocean have dry rot, and he said that if a large amount of structure is removed because of dry rot it may require the applicants to rebuild the structure which would require the property owners to come back for a new permit. Motion Commissioner Glover made a motion to approve Variance No. 1174 subject to the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Di Sano, the maker of the motion replied that the Planning Commission should consider the Public Works Department's recommendations. Commissioner Di Sano supported the motion on the basis that the findings to support the variance exist, and there are letters of support. He addressed the proposed consolidation of square footage and the discontinuance of the rental unit, and the proposal is a smaller floor area to land ratio than the typical Balboa Island • lot and the structure would enhance the area. Chairman Debay stated that Condition No. 8 adds a burden to the applicants, and she pointed out the encroachment of the adjacent property. Commissioner Pomeroy stated that the variance is necessary because the lot should never have been allowed by the City many years ago. Commissioner Glover explained that Condition No. 8 makes the neighbors feel more comfortable. Commissioner Edwards supported the motion, and he stated that Conditions No. 7 and No. 8 would provide safety. Ayes * k k k k Motion was voted on to approve Variance No. 1174 subject to the Absent * findings and conditions in Exhibit "A", including suggested Conditions No. 7 and No. 8, suggested by the Public Works Department. MOTION CARRIED. FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land and building referred to in this application, which circumstances or conditions do not apply _2D- April 4, 1991 COMMISSIONERS �o� a f CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX generally to land, buildings and /or uses in the same District inasmuch as the subject property is irregular in shape and smaller than the typical lot on Balboa Island. 2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed project is generally comparable to the size, bulk and height to other buildings in the surrounding neighborhood. 3. That the granting of such application will not, under the circumstances of the particular case, be materially 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. • 4. That the proposed building encroachments into the required front yard setback and into the alley side yard setback will not under the circumstances of the case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modifications are consistent with the legislative intent of Title 20 of the Municipal Code. 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 public improvements may be required of a developer per Section 20.82.050 of the Municipal Code. CONDMONS: • 1. That the development shall be in substantial conformance with the approved plans, except as noted below. -21- April 4, 1991 COMMISSIONERS pO CITY OF NEWPORT BEACH MINUTES ROLL CALL III Jill INDEX 2. That the proposed gross structural area (enclosed living area) shall not exceed 996 square feet. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That the development of the subject property shall be limited to a single family dwelling. 5. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 6. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport 7. That the existing fence at the corner of Park Avenue and • the alley be lowered to 36 inches in height for a minimum of 15 feet back along the Park Avenue frontage and a minimum of 5 feet back along the alley frontage and that the existing landscape planting in the same area be trimmed to and maintained at a 36 inches height prior to issuance of any building permits. 8. That 25 feet of the existing side yard fence be relocated to provide a minimum of 20 foot clearance between the fence and existing garage doors across the alley. This will provide additional backing space for garages located across the alley. These improvements shall be completed prior to the issuance of any building permits for internal modifications. • _22_ April 4, 1991 COMMISSIONERS MINUTES cpd I , O� �� �� �� CITY OF NEWPORT BEACH ROLL CALL INDEX A. Use Permit No. 3413 (Public Hearing) item No _ s Request to convert an existing rental unit into a residential UP3413 condominium use on property located in the R -2 District. A new dwelling unit is also proposed to be constructed on the property. 8953 AND Approved B Resubdivision No 953 (Continued Public Hearing) Request to resubdivide one lot and a portion of a second lot into a single parcel of land for two unit residential condominium purposes on property located in the R -2 District. LOCATION: Lot 9 and a portion of Lot 7, Block 441, Corona del Mar, located at 417 Orchid Avenue, on the northwesterly side of Orchid Avenue, between East Coast Highway and • Second Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Hyter Properties, Newport Beach OWNER: Same as applicant ENGINEER: Alpine Consultants, Laguna Hills The public hearing was opened in connection with this item, and Mr. Leon Hyter, applicant, appeared before the Planning Commission and he concurred with the findings and conditions in Exhibit "A '. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. 3413 Ayes and Resubdivision No. 953 subject to the findings and conditions Absent in Exhibit "A'. MOTION CARRIED. • -23- COMMISSIONERS A ��' ' CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX A. Use Permit No. 3413 FINDINGS: 1. That as conditioned, the project will substantially comply with all applicable standard plans and specifications, adopted City and State Building Codes, and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 2. That the project lot size conforms to the Zoning Code area requirements in effect at the time of approval inasmuch as the lot is in excess of 5,000 square feet in area. 3. That the project is consistent with the adopted goals and policies of the General Plan. • 4. That there are no residents in the existing duplex who are fixed income elderly tenants or handicapped. 5. That there are no tenants within the project whose income are below 120% of the County's median income. 6. That the requirement for a minimum of thirty percent (30 %) of the existing tenants having expressed written interest in exercising their option to purchase a converted unit within the project at the price offered does not apply in this case inasmuch as one unit will be new construction and the second unit is vacant. 7. That the nonconforming side yard setback was approved to remain by Modification No. 3773, and the encroachment will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the modification is consistent with the legislative intent of Title 20 of this Code. -24- April 4, 1991 COMMISSIONERS 0 ' CITY OF NEWPORT BEACH MINUTES ROLL CALL H 1111 1 INDEX 8. That the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the project shall be in substantial conformance with the submitted site plan and floor plans, and elevations, except as noted below. 2. That separate water meters and electrical meters shall be installed for each dwelling unit. • 3. That two garage spaces shall be provided for each dwelling unit at all times. 4. That all conditions of Resubdivision No. 953 shall be fulfilled. 5. 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. B. Resubdivision No. 953 FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. • -25- April 4, 1991 COMMISSIONERS MINUTES A 0' �' CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to the final inspection and that the parcel map be prepared so that the bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. • 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the existing non - standard drive approach be reconstructed using the City's standard drive approach for rolled curbs. All work shall be completed under an encroachment permit issued by the Public Works Department. 6. That all conditions of Use Permit No. 3413 shall be fulfilled prior to the recordation of the parcel map. 7. That any cracked or displaced section of sidewalk and tree damaged curb and gutter be reconstructed along the Orchid • Avenue frontage; and that the alley garage approach and /or garage floor elevations be redesigned to conform to -26- April 4, 1991 IkCOMMISSIONERS A CITY OF NEWPORT BEACH MINUTES ROLL CALL III Jill I INDEX minimum City standards for maximum grades and grade transitions, with the design to be approved by the Public Works Department. All work shall be completed under an encroachment permit issued by the Public Works Department. 8. That all vehicular access to the. property be from the adjacent alley unless otherwise approved by the City Council. 9. That County Sanitation District fees be paid prior to the recordation of the parcel map. 10. 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. 11. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 12. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. A General Plan Amendment No 91 -1(D) (Public Hearing) Item No.6 Request to amend the Land Use Element of the General Plan and GPA 91 -1D make technical corrections to the permitted dwelling unit number so as to provide for three lots inaccurately projected as commercial R956 land uses, and to allow for three units on the subject property Approved which is currently developed with six dwelling units. INITIATED BY: The City of Newport Beach • AND -27- April 4, 1991 COMMISSIONERS 0 Nj�� 0 C ITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX B. Resubdivision No. 956 (Public Hearing) Request to resubdivide a portion of one of lot into three parcels of land for single family residential development on property located in the R -1 District. LOCATION: A portion of Lot 1, Tract No. 464, located at 3120 and 3126 Broad Street, and 460 Westminster Avenue, on the southeasterly corner of Broad Street and Westminster Avenue, in Newport Heights. ZONE: R -1 APPLICANT: The Wale Group, Irvine OWNER: Same as applicant • ENGINEER: Robin B. Hamers & Associates, Inc., Costa Mesa The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public hearing was closed at this time. Motion Motion was made to approve General Plan Amendment No. 91- Ayes * * 1(D) and adopt Resolution No. 1250, and Resubdivision No. 956, Absent * subject to the findings and conditions in Exhibit "A '. Robin Flory, Resolution Assistant City Attorney, explained that inasmuch as no one 1250 appeared on behalf of the applicant to address the subject item, that it is determined that the applicant agrees with the findings and conditions in Exhibit "A'. MOTION CARRIED. A. General Plan Amendment No. 91 -1(D1 Adopt Resolution No. 125 , recommending approval of General Plan Amendment No. 91- 1(D) to the City Council. B. Resubdivision No. 956 Findings: 1. That the design of the subdivision improvements will not -28- April 4, 1991 COMMISSIONERS .o fi0 A \�\%O\ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific.plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to issuance of building permits unless otherwise approved by the Public Works and Planning Departments. That the Parcel Map be prepared so that the Bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. -29- COMMISSIONERS April 4, 1991 0 � A � CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 5. That a 15 foot radius comer cutoff at the corner of Broad Street and Westminster Avenue be dedicated to the public. 6. That curb, gutter, and a 5 foot wide sidewalk and paveout be constructed along the Westminster Avenue frontage; that a 5 foot wide sidewalk be constructed along the Broad Street frontage; that the displacement and tree damaged curb be reconstructed along the Broad Street frontage; that the unused curb depressions be removed and replaced with curb and gutter along the Broad Street frontage; and that a curb access ramp be constructed at the comer of Broad Street and Westminster Avenue. All work shall be completed under an encroachment permit issued by the Public Works Department. 7. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil • engineer. 8. That a one (1) foot wide easement for pedestrian and bicycle access be dedicated to the public along the Broad Street frontage; except at the existing trees where additional dedication will be required in order to provide a minimum 4 foot wide sidewalk that goes around the trees if they are to remain in place. 9. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 10. That the Public Works Department plan check and inspection fee be paid. 11. 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 -30- April 4, 1991 COMMISSIONERS 0 o � �� a \ CITY OF NEWPORT BEACH MINUTES ROLL CALL III Jill I INDEX materials shall be conducted in accordance with state and local requirements. 12. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 13. That no walls, fences, structures or landscaping be installed along the Westminster Avenue frontage that are higher than 30 inches in the sight distance area described in Std. 110 -L. 14. That all buildings shall be removed from the site prior to the recordation of the parcel map. 15. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • s x x Use Permit No. 1757(Amended)(Public Hearing) item No.7 Request to amend a previously approved use permit which UP1757A permitted the establishment of live entertainment in conjunction with the El Ranchito Restaurant located on property within the Approved "Retail and Service Commercial" area of the Cannery Village /McFadden Square Specific Plan Area. The proposed amendment includes a request to have live entertainment which includes four musicians with amplified music where the existing use permit limits the live entertainment to one musician with no brass, percussion or amplified music. LOCATION: Lot 1 and a portion of Lot 2, Block 225, Section A, Lancaster's Addition, located at 2800 Newport Boulevard, on the northeasterly corner of Newport Boulevard(northbound) and 28th Street, in the Cannery Village /McFadden Square Specific Plan Area. • ZONE: SP -6 APPLICANT: Sergio Avila, Newport Beach -31- COMMISSIONERS PO �� • CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Sergio Avila, applicant, appeared before the Planning Commission. Mr. Avila stated that the family -owned specialty restaurant caters to the local people and the boats in the bay. He concurred with the findings and conditions in Exhibit "A" with the exception of Condition No. 10 regarding live entertainment to cease by 12:00 midnight daily, and he requested said condition be amended to state 'That the live entertainment activity with amplification shall cease by 12:00 midnight Sunday through Thursday, and 2:00 a.m. Friday and Saturday and special events on Cinco de Mayo (May 5) and September 16th:' Mr. Avila stated that there will be a doorman at the front door to be assured that the doors are tended during special activities. He said that special events will be controlled to be assured that there is no loud noise. Mr. Avila explained that the "net public area" will be reduced because of the entertainment area, and the parking requirements • will be reduced. Mr. Avila stated that he would contact the new residents who will be moving to 28th Street in the Newcomb Development by personally writing the residents letters and inviting them for lunch so they will feel comfortable in contacting the restaurant's management. Mr. Avila stated that he would install noise abatement improvements, if necessary, and he would agree to have the use permit reviewed in six months. Commissioner Pomeroy and Commissioner Edwards discussed modifying Condition No. 10 to include special event days of Cinco de Mayo and September 16, Mexican Independence Day. In response to a question posed by Commissioner Edwards, Mr. Avila stated that the music would commence between 9:00 p.m. and 10:00 P.M. In response to questions posed by Chairman Debay, Mr. Avila replied that the request includes more musicians and amplification. He further replied that the entertainment will consist of a variety of music such as Mexican music, mariachis, jazz, latin and tropical music. Mr. Avila emphasized that there will be no rock and roll • music. -32- April 4, 1991 COMMISSIONERS MINUTES o� mo 0 CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Pomeroy stated that if the applicant agrees to sound attenuate the building and to have the use permit reviewed in six months, then 1:00 a.m. closing on Fridays and Saturdays would be an adequate compromise. William I.aycock, Current Planning Manager, pointed out that Condition No. 11 in Exhibit "A" allows the Planning Commission to review the use permit at any time if it is found that the operation is detrimental to the community. Assistant City Attorney Robin Flory stated that if there is a problem within the six months, the use permit could be called back for review. Chairman Debay and Mr. Hewicker addressed the mixed use area and the foregoing residential development that has not been completed. Commissioner Glover indicated that persons who reside in a mixed use community would be familiar with what mixed use means, and there is no way that the Planning Commission can protect all of the residents who move into Cannery Village. She stated that the . businesses need to be viable on the Balboa Peninsula, and the uses are important to the vitality of the community. Commissioner Di Sano addressed the foregoing Condition No. 11, and he stated that there is a possibility that the use permit may have to be reviewed before the six months that the applicant suggested for review. Mr. Avila emphasized that it is important that the restaurant contact the residents in the area so if there are any problems the restaurant can confront the situation before the residents contact the Police Department. Commissioner Di Sano, Commissioner Edwards, and Mr. Hewicker discussed the proposed Noise Element of the General Plan and the current administering of noise. In response to a question posed by Commissioner Edwards with respect to modifying Condition No. 10 that the live entertainment shall cease by 1:00 a.m., Mr. Avila explained that most of the restaurants stop playing the music at 1:30 a.m. In response to a question posed by Commissioner Merrill, Mr. Avila explained that the entertainment would be a positive addition -33- COMMISSIONERS ON N"I\ CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL 11 Jill I INDEX to the restaurant in order to compete with other restaurants. Chairman Debay stated that she supports the restaurant; however, she stated her concerns with respect to the noise that could emit from the restaurant. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 1757 (Amended) subject to the findings and conditions in Exhibit "A ", and that Condition No. 10 be modified to state "That the live entertainment activity with amplification shall cease by 12:00 midnight Sunday through Thursday, and 1:00 a.m. Friday and Saturday and on May 5th, Cinco de Mayo and September 16, Mexican Independence Day, with a request to add Condition No. 13 that the use permit be reviewed in six months. Commissioner Edwards supported the motion with the exception of added Condition No. 13 inasmuch as the Planning Commission has the ability to bring back the use permit at any time. The maker of the motion withdrew the recommendation to add Condition No. 13. Commissioner Di Sano supported the motion so as to give the applicant the opportunity to add entertainment to the restaurant's operation. He referred to Condition No. 11 to bring back the use permit if the proposed live entertainment becomes detrimental to the community. Motion was voted on to approve Use Permit No. 1757 (Amended) subject to the findings and conditions in Exhibit "A", including Ayes * * * * * modified Condition No. 10. MOTION CARRIED. No Absent FINDINGS: 1. The restaurant facility is consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. -34- April 4, 1991 COMMISSIONERS MINUTES d d� n f CITY OF NEWPORT BEACH ROLL CALL III Jill INDEX 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 waiver of development standards as they pertain to parking, setbacks, landscaping, traffic circulation, walls, parking lot illumination and underground utilities will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 5. The approval of Use Permit No. 1757 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plan and elevations except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the existing non - standard brick pavers, located at the restaurant entrances within the 28th Street right -of -way, be removed. 4. That a curb be constructed in the parking area northerly of the restaurant facility to keep automobiles from driving across the sidewalk to Newport Boulevard (northbound). 5. That restaurant development standards pertaining to parking, setbacks, landscaping, traffic circulation, walls, parking lot illumination, and underground utilities shall be waived. . 6. That Coastal Commission approval shall be obtained prior to the implementation of the live entertainment with -35- COMMISSIONERS A WCITY OF NEWPORT BEACH April 4, 1991MINUTES ROLL CALL INDEX amplification in the restaurant facility. 7. That dancing shall not be permitted in the restaurant unless an amendment to this use permit is approved. 8. That no outdoor sound or paging system shall be permitted. 9. That all music and live entertainment shall be limited to a quartet and that all music and live entertainment shall be confined to the interior of the building and all windows and doors of the restaurant shall remain closed during such activities. 10. That the live entertainment activity with amplification shall cease by 12:00 midnight Sunday through Thursday, and by 1:00 a.m. Friday and Saturday and May 5 (Cinco de Mayo) and September 16 (Mexican Independence Day). 11. That the Planning Commission may add to or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 12. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. A. Use Permit No. 3086 (Amended)(Continued Public H item No.8 Request to amend a previously approved use permit which UP3066A permitted the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and dancing, valet parking and off- YfP3409 site parking for employees on property located in the "Recreational Not d Marine Commercial" area of the Mariner's Mile Specific Plan Approved Area. The off -site area is located at the southeasterly comer of Riverside Avenue and Avon Street. The proposed amendment involves a request to operate the second floor portion of the -36- COMMISSIONERS CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX subject restaurant as a separate use from the third floor restaurant operation. Said proposal also includes a request to operate the second floor restaurant at lunch with a reduced "net public area" Monday through Saturday, whereas the second floor portion of the existing restaurant is currently limited between the hours of 4:00 p.m. and 2:00 a.m. Monday through Saturday and 9:00 a.m. and 2:00 am. Sundays and recognized holidays. APPLICANT: John Dominis Restaurant, Newport Beach AND B. Use Permit No. 3409 (Continued Public Hearinel Request to permit the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and dancing, valet parking and off -site parking for employees on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile • Specific Plan Area. The off -site parking area is located at the southeasterly corner of Riverside Avenue and Avon Street. Said proposal involves separating the existing third floor portion of the John Dominis Restaurant so as to operate said portion as an independent restaurant. The proposal also includes a reduction in the "net public area" the restaurant is permitted to operate during the daytime hours Monday through Saturday. LOCATION: Site of restaurants: Parcel 1, Parcel Map 84- 709 (Resubdivision No. 779), located at 2901 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Newport Boulevard in Mariner's Mile. Site of Off -site parking: Lots 7, 8, and 9, Tract No. 1133, located at the southeasterly corner of Riverside Avenue and Avon Street in Mariner's Mile. ZONE: SP -5 . APPLICANT: Larry Levoff, Know Limit Inc., Carlsbad -37- COMMISSIONERS A WCITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX OWNER: Kawabe, USA, Beverly Hills William Laycock, Current Planning Manager, addressed the addendum that staff distributed to the Planning Commission prior to the subject public hearing. He stated that the conditions indicate specific hours of operation and the allowed square footage of "net public area" for the second floor restaurant (Use Permit No. 3086) and the third floor restaurant (Use Permit No. 3409) during the day and evening. Mr. Laycock stated that Condition No. 10, for each application, has been modified to state that a minimum of 10 parking spaces be available for self - parking spaces. In response to a statement posed by Chairman Debay with respect to the boat charters located at the subject location, Mr. Laycock replied that passenger parking is located on the north side of Avon Street, between Riverside Avenue and Tustin Avenue, and the guests are shuttled to the subject site. Mr. Laycock agreed that the charter boat passengers do not park on site. In response to questions posed by Commissioner Pomeroy, Mr. Laycock explained that there are not enough parking spaces for the charter boat passengers to park on -site at the self parking spaces. Mr. Hewicker indicated that restaurant employees are stationed at the driveway apron, and the attendants determine the location where the guests shall park. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that valet parking is allowed; however, Condition No. 10 states that 10 parking spaces are required for patrons who desire to park their own automobiles. Commissioner Merrill indicated that it has been his experience that the restaurant's parking attendants have not made it clear that patrons may self -park, and be stated his concern that automobiles have been stacked on West Coast Highway as customers have waited to enter the restaurant's driveway. In response to a question posed by Commissioner Merrill, Mr. Laycock explained that there is no intensification of use, and no additional "net public area" is proposed. The applicants are proposing two individual restaurants where there is currently one restaurant. Mr. Hewicker explained that the second floor -38- COMMISSIONERS CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX restaurant would be open for lunch where previously the restaurant was only open during the dinner hour, and the third floor was originally utilized as a club area that was allowed to be open from morning into the evening hours. The public hearing was opened in connection with this item, and Mr. Phil Edmondson, architect, appeared before the Planning Commission on behalf of the applicants. Mr. Edmondson stated that the intent is to take the existing "net public area" and allocate the area into two separate restaurants without increasing intensity of use. Mr. Edmondson concurred with the findings and conditions in Exhibit "A" and the modified conditions in the addendum to the staff report. He addressed Condition No. 5 concerning a Cafe Dance Permit (each application) and Condition No. 4 (Use Permit No. 3409) concerning the denial to move the seating on the third floor outdoor dining area into the restaurant during inclement weather. He stated that the applicants agree with the number of parking spaces available for the second floor restaurant on Saturdays because of the retail uses. Mr. Edmondson referred to Condition No. 5 (each application), and he addressed the report that needs to be prepared to apply for a Cafe Dance Permit wherein he requested that said report be used for each restaurant in the future. Mr. Hewicker explained that the Cafe Dance Permit is required by the Business License Division. In response to a question posed by Chairman Debay regarding the feasibility of the success of only one of the two restaurants, Mr. Edmondson stated that the "net public area" of the restaurant would limit the number of occupants to fill the restaurant. Commissioner Di Sano addressed Finding No. 1, Exhibit "B", Findings for Denial, 'That the proposed separation of the existing restaurant into two entities will increase the intensification of use of the property and generate an increase in traffic. ", and he asked Mr. Edmondson why the applicants do not consider the operation as an intensification of use of the property. Mr. Edmondson explained that the exact "net public area" would be used as was previously approved; that the assigned number of parking spaces that were assigned to the "net public area" have been approved, . and the issues that include the entire complex of the project have been reviewed and approved. He stated that it would merely be -39- COMMISSIONERS CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX reapportioning the square footage and attempting to use the area in an efficient manner from an economic point -of -view for both restaurant operators. He said that there is no argument for an intensification from a technical standpoint. He said that in reality, the restaurant as it now operates, is not operating at 100% capacity or at 80% capacity. He said that if the restaurants are divided at 42% at the original capacity, then there would be 84% of capacity where before there was 80 %, that would be an increase in intensity, but less than what has been reviewed and approved. Commissioner Pomeroy stated that if the restaurants are successful there would be more people than before which would create more traffic. Commissioner Merrill addressed his concern that each restaurant would have individual entertainment groups, and those people would have to have parking spaces. He said that the restaurants would create a duplication in the number of employees, and there would be a parking and stacking problem on West Coast Highway. Mr. Edmondson stated that inasmuch as all of the employees are required to park off -site on property located on the southeasterly comer of Riverside Avenue and Avon Street, there would not be an intensification. In response to questions posed by Commissioner Merrill regarding the retail uses on -site, Mr. Edmondson replied that the applicants are not requesting more "net public area" than has been approved for the restaurants. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that the applicants are required to apply for a Cafe Dance Permit. He said that it is not an application that comes before the Planning Commission, and it is a function of the Business License Division and the City Manager's office. Dr. Jan VanderSloot appeared before the Planning Commission on behalf of the Board of Directors of the Newport Heights Community Association. Dr. VanderSloot addressed the Association's concerns regarding the intensification of use, and he concurred with the foregoing Finding No. 1, Exhibit "B ". He said that if another restaurant is opened at the subject site, traffic would be added on to the traffic that currently exists at the location. Dr. VanderSloot addressed the Traffic Phasing Ordinance, and he said that the traffic at the intersection of Riverside Avenue and West -40- COMMISSIONERS 0 0'\ \� \ CITY OF NEWPORT BEACH April 4, 1991 MINUTES. ROLL CALL il Jill INDEX Coast Highway is close to failing because of the increase in uses in the area. He requested a new Traffic Study that would include the additional restaurant at the subject site, or to approve Exhibit 'B", Findings for Denial. Commissioner Pomeroy stated that the original Traffic Study was based upon the square footage of the "net public area" of the restaurant. Mr. Hewicker explained that the Traffic Study was done before the building at the subject site was built. Dr. VanderSloot stated that the Association is requesting a new Traffic Study based on the existing traffic. Discussion ensued regarding the impact that the uses have on the Traffic Phasing Ordinance in the Mariner's Mile area. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sano asked staff if there had been a situation • similar to the subject requests where an existing use pernut exists for a large restaurant facility and, for economic reasons, the restaurant was divided into two smaller restaurants. Staff was unaware of a similar request. Chairman Debay addressed Condition No. 8 of Exhibit "A" of the use permits stating "That the valet operation shall be conducted in a manner which shall not block traffic on West Coast Highway..." Discussion ensued regarding the stacking that has occurred on the lower portion of the driveway when the valet operation was not functioning efficiently. Commissioner Glover addressed the traffic in the Mariner's Mile area, and she said that the property owner is attempting to make the building work. She suggested that the traffic in the area be addressed so as to make the building work and be viable within the community. Commissioner Di Sano addressed the attempt by the property owner to make the building successful, and the need to assist the management to continue operation. He considered the stacking of the automobiles on West Coast Highway, and the intensification of the uses. -41- COMMISSIONERS � CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX Commissioner Edwards stated that he considered the requests to be an intensification of use, and he stated the applications would not serve the community. Motion Motion was made to approve Use Permit No. 3086 (Amended) and Use Permit No..3409 subject to the findings and conditions in Exhibit "A ". Commissioner Pomeroy stated that the stacking of automobiles on West Coast Highway is not as bad as it was when the restaurant was initially opened, and it would appear that the management is correcting the problem. He said that there may be more traffic generated by the second restaurant being in operation, but technically there is no intensification of use and all of the traffic that could be accommodated in the building has already been considered in the Traffic Phasing Ordinance. He said there would be no justification on that basis for intensification of use beyond what was originally permitted for the single restaurant. He supported the motion. Commissioner Di Sano addressed Exhibit "A", and he indicated that the operators would be able to operate the restaurant with the parking as stated; however, he stated that the Cafe Dance Permit is a separate issue. Commissioner Merrill considered the two restaurants that would be operating on the site and the intensification of use at the subject location. Ayes Motion was voted on to approve Use Permit No. 3086 (Amended) Noes * and Use Permit No. 3409 subject to the findings and conditions in Absent * Exhibit "A". MOTION WAS NOT APPROVED. Amendment No. 731 (Public Hearine) Item No.9 Request to amend Title 20 of the Newport Beach Municipal Code A731 so as to delete specific required parking spaces from the calculation . of gross floor area for two unit development in the R -2 District. INITIATED BY: The City of Newport Beach -42- COMMISSIONERS �0' �\� CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL 11 Jill I INDEX The public hearing was opened in connection with this item, and Approved there being no one to appear before the Planning Commission, the public hearing was closed at this time. Motion was made and voted on to adopt Resolution No. 1251, Motion Amendment No. 731, recommending to the City Council the Resolution Ayes * * * * amendment of the R -2 District Standards. MOTION CARRIED. No. 1251 Absent sss Discussion Item: Discussion Item. Amendment No, 732 A732 Request to consider an amendment to the Santa Ana Heights set for Specific Plan District, Land Use Plan, so as to classify the a -1B -9i properties north- westerly of the adopted alignment for Birch Street /Mesa Drive in Santa Ana Heights, from R -1 (19,800) to Business Park. Commissioner Pomeroy asked if there was a timetable when the annexation of the Santa Ana Heights area might occur. Don Webb, City Engineer, replied that there is no time frame, and the staff is currently working with the County of Orange on obligations for future improvements. Motion * Motion was made and voted on to set Amendment No. 732 for Ayes * * * * * public hearing at the Planning Commission meeting of April 18, Absent * 1991. MOTION CARRIED. ADDITIONAL BUSINESS: Add' l Business Chairman Debay referred to the memorandum dated April 4, 1991, from staff, addressing the boat chartering restrictions wherein it is stated that if the Planning Commission should determine to consider the boat chartering activity at the Mariner's Mile Marine Center that a public hearing should be scheduled, and to inform the boat charter operator and the property owner accordingly. Motion was made and voted on to set a public hearing to review -43- COMMISSIONERS A CITY OF NEWPORT BEACH April 4, 1991 MINUTES ROLL CALL INDEX Motion the boat chartering activity at the Mariner's Mile Marine Center on Ayes property located at 2439 -2507 West Coast Highway. MOTION Absent CARRIED. s s e ADJOURNMENT: 11:20 p.m. Adjourn- ment * s : THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -44-