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HomeMy WebLinkAbout04/07/1994COMNIISSIONERS 4 �\ W Nk CITY OF NEWPORT BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: Anril7. 1994 [LOLL CALL INDEX Present Commissioner Glover was excused. (Commissioner Pomeroy Absent arrived at 7:37 p.m.) EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney Don Webb, City Engineer Dee Edwards, Secretary s s s Minutes of March 24, 1994 Minutes of 3/24/9 Motion * Motion was made and voted on to approve the March 24, 1994, Ayes * * * * * Planning Commission Minutes. MOTION CARRIED. Absent s s s Public Comments_ Public Comments James C. Person, 507 - 29th Street, appeared before the Planning Commission to address his concerns regarding the future use of the site of the former Cafe Lido, located at 501 - 30th Street. He informed the Planning Commission and staff that the use of the site may change from a jazz club to live entertainment and dancing, and he alerted the Planning Commission that there could be a change in the operational characteristics of the facility. James Hewicker, Planning Director, responded that any significant change in the character of live entertainment would constitute a change in the operational characteristics, and that would be a cause to review the existing use permit. Mr. Michael Palitz, Little Inn on the Say, appeared before the Planning Commission to comment that the Commission should • CITY OF NEWPORT BEACH A__Sl ^ 4AAA 2) riYiu 1, 177Y [LOLL CALL MEX consider the former Cafe Lido as a successful operation, and a use that was not a blight to the area Posting of the A eg nda: Posting of the Director Hewicker stated that the Planning Commission Agenda Agenda was posted on Friday, April 1, 1994, in front of City Hall. Request for Continuance: Request for Director Hewicker requested that Item No. 2, Off -Site Parking Continual Agreement, be continued to the Planning Commission meeting of April 21, 1994. Motion * Motion was made and voted on to continue Item No. 2 to the Ayes * Planning Commission meeting of April 21, 1994. MOTION Absent CARRIED. Amendment No. 799 (Public Hearin stem No.. Request to amend the Koll Center Newport Planned Community A799. Development Standards so as to increase the allowable building (Res 135 height in "Light Industrial Site No. 1" from 55 feet to 75 feet. Approved LOCATION: Lots 1 and 2, Tract No. 7953, located at 4311 Jamboree Road, on the northwesterly side of Jamboree Road, between MacArthur Boulevard and Birch Street, in the Koll Center Newport Planned Community. ZONE: P -C -2- 2) COMMISSIONERS �o �o CITY OF NEWPORT BEACH MINUTES AlJlll !, 177' ROLL CALL INDEX APPLICANT: Rockwell International, Newport Beach OWNER: Same as applicant 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 and voted on to adopt Resolution No. 1352. Ayes * * * * * * recommending to the City Council the approval of Amendment Absent No. 799. MOTION CARRIED. Off-Site Parkin Affeement (Discussion) Item No.2 Request to amend a previously approved off -site parking off -Site • agreement which provides required off -street parking spaces for an Parking existing office building on property located at 503 32nd Street and Agreement which are located at an off -site location at the rear of the Via Lido Plaza Shopping Center in the RSC -H District. Under the existing parking arrangement, 24 restricted parking spaces are provided to the customers and business invitees of the office building. The applicants propose to reduce the number of required off -street parking spaces to 12 and remove the existing use restriction so as to allow tenants and employees of the office building to also use the off -site parking spaces. CATION: Parcel 1 of Parcel Map 85 -1 (Resubdivision No. 516), located 3471 Via Iado, on the southwesterly comer of Via Lido and Via Oporto (parking site); and Lot 6, Tract No. 907, located at 503 32nd Street, on the northeasterly corner of 32nd Street and Via Oporto, adjacent to City Hall (building site). ONE: RSC -H -3- 4 COA.UMssiONERs .00 0100,, d $s 10 MINUTES CITY OF NEWPORT BEACH e,.r:t I iood ROLL CALL INDEX APPLICANTS: Newport Via Lido Associates and 503 Lido Partners, Ltd., Orange and Newport Beach OWNERS: Same as applicants James Hewicker, Planning Director, requested that this item be continued to the Planning Commission meeting of April 21, 1994, so as to allow additional time to resolve concerns regarding the off - street parking agreement. Motion Ayes * * Motion was made and voted on to continue Item No. 2 to the April 21, 1994, Planning Commission meeting. MOTION Absent CARRIED. sss Use Permit No 353 (Amended) (Public Hearing) Item No.3 Request to amend a previously approved use permit that permitted UP353 (A) the establishment of an animal hospital on property located in the commercial area of the Newport Shores Specific Plan Area. The Approved proposed amendment involves a request to change the previous animal hospital use to a cat care and boarding facility and to permit alterations and additions to the existing building in conjunction with the change in use. The proposal also includes a modification to the Zoning Code so as to allow the proposed building addition to encroach 2 feet into the required 5 foot rear yard setback adjacent to residentially classified property. LOCATION: Lots 3-6, Block 9, Seashore Colony Tract, located at 6902 West Coast Highway, on the northwesterly corner of Fern Street and West Coast Highway, in the Newport Shores Specific Plan Area. ZONE: SP -4 -4- COMMISSIONERS L MINUTES CITY OF NEWPORT BEACH d�ril 7 100A -k— ., — . ROLL CALL INDEX APPLICANT: National Cat Protection Society, Long Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Richard Tanzer, Attorney, 3345 Wilshire Boulevard, Los Angeles, appeared before the Planning Commission on behalf of the applicant. Mr. Tanzer requested a clarification of Condition No. 7, Exhibit "A ", regarding Coastal Commission approval prior to the issuance of a building permit. James Hewicker, Planning Director, suggested that the applicant contact the Coastal Commission regarding a clarification inasmuch as the Coastal Commission requires the approval and not the City. Mr. Tanzer referred to Condition No. 5, Exhibit "A ", and he indicated that the 15 foot radius comer cut -off currently exists. Commissioner Edwards recommended that "as necessary" be added to aforementioned Condition No. 7. Mr. Tanzer concurred with the modification. Commissioner Edwards and Mr. Tanzer discussed the 2 foot encroachment into the 5 foot rear yard setback adjacent to the residential property. 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. 353 Ayes * * * * * * (Amended) subject to the findings and conditions in Exhibit "A ", Absent ' and modify Condition No. 7 to state that ..the applicant as necessary, shall obtain Coastal Commission approval... MOTION CARRIED. Findings: 1. That the proposed application 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. -5- k WPOR� "A"N\0 tint. uy i xy CITY OF NEWPORT BEACH A..,.:! � Anne ROLL CALL INDEX 2. That adequate parking exists on -site for the proposed development. 3. That the change in the operational characteristics of the subject facility will not have any significant environmental impact. 4. That the additions to the animal hospital will be insulated in such a manner as to restrict animal noises to the interior of the facility. 5. That any noise that might have previously been associated with barking dogs will be eliminated, inasmuch as the proposed change in use is associated solely with the boarding and care of cats, and that such use will be confined to the interior of the building. ' 6. That the proposed building encroachment into the required rear yard setback will not affect the flow of air and light to the adjoining residential property. 7. That the proposed rear yard setback encroachment is an extension of an existing building which currently maintains a rear yard setback of 3 feet. That the approval of Use Permit No. 353 (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, and further that the proposed modification to the Zoning Code to allow the proposed building to encroach 2 feet into the required 5 foot rear yard setback is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. -6- C0AUMSSIONERS 4 MINUTES CITY OF NEWPORT BEACH e„ril 7 mood ROLL CALL INDEX 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 the expanded animal hospital shall be insulated in such a manner as to restrict animal noises to the interior of the facility. 3. That air conditioning shall be installed and operable at all times. Exterior doors and windows shall be kept closed. 4. That the existing trash enclosure be relocated within the project so as not to interfere with the usage of the parking area r5. That a 15 foot radius comer cut -off be dedicated to the public at the comer of Fern Street and West Coast Highway in conjunction with the proposed project prior to the issuance of a building permit, unless otherwise approved by the Public Works Department. 6. That a lot line adjustment to combine the subject lots into a single parcel shall be recorded prior to the issuance of a building permit. 7. That the applicant as necessary, shall obtain Coastal Commission approval of this application prior to the issuance of a building permit. 8. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. -7- 4 CITY OF NEWPORT BEACH MINUTES A__1 ^ If A ROLL CALL INDEX 9. 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. Use Permit No. (Public Hearing) Item No Request to permit the establishment of a take -out restaurant UP3523 Approved facility specializing in baked food items, with incidental seating on property located in "Commercial Area 14" of the Harbor View Hills Planned Community, and a request to waive a portion of the equired offstreet parking spaces. CATION: Lot 1, Tract No. 9014, located at 2670 San Miguel Drive, on the southeasterly corner of San Miguel Drive and Ford Road, in the Newport Hills Commercial Center of the Harbor View Hills Planned Community. ONE: P -C APPLICANT: McFadden's Bake Shoppe, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach e public hearing was opened in connection with this item, and Earl Gibbs appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public Baring was closed at this time. Motion Ayes IV nt Motion was made and voted on to approve Use Permit No. 3523 subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. -8- .00� 4'10c d dy\ i 4 U \-� CITY OF NEWPORT BEACH e,.a 7 love .Jr... ,, -, . ROLL CALL MEX FINDINGS 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on -site to accommodate the proposed take -out restaurant facility inasmuch as a majority of the patrons either work in the subject shopping center, reside within walking distance or are otherwise already visiting in the vicinity. 4. That the waiver of the development standards as they pertain to walls and a portion of the required parking (23 spaces) will not be detrimental to adjoining properties. 5. That the approval of Use Permit No. 3523 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 to the general welfare of the City. ONDMONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That the development standards pertaining to walls and a portion of the required parking (23 spaces) shall be waived. 3. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. -9- • 4 COIVIIVIISSIONERS CITY OF NEWPORT BEACH MINUTES r au a, 177v ROLL CALL INDEX 4. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 6. That no live entertainment, dancing, or the sale of alcoholic beverages shall be permitted in the take -out restaurant unless the Planning Commission approves an amendment to this Use Permit. 7. That no temporary "sandwich" signs shall be permitted to advertise the approved take -out restaurant facility. That all mechanical equipment and trash areas shall be screened from the adjacent street and adjoining properties, and that said trash shall be stored at the rear of the site. 9. That the hours of operation of the take -out restaurant facility shall be limited between the hours of 6:00 am. and midnight daily. 10. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, cause injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 1. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.040A of the Newport Beach Municipal Code. x s x -1a 4 MINUTES CITY OF NEWPORT BEACH A.. «7 T 111hA L']t/l it /, 1JJY ROLL CALL INDEX Use Permit No. 3526 (Public Hearin Item No. Request to permit the establishment of a pet shop and dog UP3526 Doming facility on property located in the RSC -R District. Approved L,OCATION: Parcel 2, Parcel Map 248/28 -29 (Resubdivision No. 891), located at 609 East Balboa Boulevard, on the southerly side of East Balboa Boulevard, between Palm Street and Washington Street, on the Balboa Peninsula. ONE: RSC -R APPLICANT: Kevin P. McGeeney, Newport Beach ' OWNER: Robert Bosone, Newport Beach e public hearing was opened in connection with this item, and Vir, Robert Bosone, property owner, appeared before the Planning ommission. He concurred with the findings and conditions in bit "A". response to a question posed by Commissioner Edwards, Mr. Bosone replied that he had never operated a dog grooming stablishment. There being no others desiring to appear and be heard, the public Baring was closed at this time. Motion otion was made and voted on to approve Use Permit No. 3526 Ayes * * * * ubject to the findings and conditions in Exhibit "A". MOTION Absent * AjRIED. Findings: That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal -11- COPAMSSIONERS i MINUTES CITY OF NEWPORT BEACH Anril 7 1994 ROLL CALL INDEX Program Land Use Plan and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on -site to accommodate the proposed facility. 4. That the approval of Use Permit No. 3526 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 to the general welfare of the City. / NDM N 1. That development shall be in substantial conformance with the approved site plan and floor plan. 2. That all signs shall conform to the provisions of Section 20.63.045 of the Municipal Code, and no temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the subject business. A sign shall be provided on the front of the building, informing customers that parking is available at the rear of the property. 3. That the sale and display of all animals and other merchandise shall be conducted entirely within the enclosed building and that all animal noise shall be confined to the interior of the building. 4. That a air conditioning shall be installed and operable at all times. Exterior windows and doors shall be kept closed. -12- MINUTES CITY OF NEWPORT BEACH e.,rii 'I iood ROLL CALL INDEX 5. That all trash shall be stored within the building until it is scheduled to be picked up. 6. That the applicant shall obtain Coastal Commission approval of this application prior to allowing the sale of animals or the performance of dog grooming services on the premises. 7. 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 amendment 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 20.80.090 A of the Newport Beach Municipal Code. Traffic (Public Hearin Item No.6 Request to approve a traffic study for a proposed McDonald's TS 93 take -out restaurant facility; and the acceptance of an UP3516 environmental document. Cont id AND to 5/5/94 B. Use Permit No. 3516 (Public Hearing) Request to establish a McDonald's take -out and drive through estaurant facility on property located in the "Retail and Service Commercial" area of the Cannery Village /McFadden Square Specific Plan area. The proposal includes a building design with o exterior walk -up order windows as well as an enclosed ancillary eating area. The proposal also includes a modification -13- 4 COMMISSIONERS '0o c �r d Oi MINUTES CITY OF NEWPORT BEACH e...ai ^7 innn ('l�ll ll /, 1JJT ROLL CALL INDEX to the Sign Code so as to allow: a greater amount of total sign area than which is permitted by Code; the addition of a second ole identification sign and a ground mounted menu sign on the roperty, whereas the Sign Code allows only one pole or ground ign per site; and the use of the McDonald's logo on each of the roposed directional signs. CATION: Lots 11 and 12, Block 227, Section A, and Record of Survey 76 -46, located at 2807 Newport Boulevard, on the northerly side of 28th Street, between Newport Boulevard (northbound) and Newport Boulevard (southbound), in the Cannery Village /McFadden Square Specific Plan Area. ' ONE: SP -6 PLICANT: McDonald's Corporation, San Diego WNER: Marina Partners, Newport Beach ames Hewicker, Planning Director, reviewed McDonald's revious requests for take -out restaurant facilities on Newport oulevard in the Cannery Village /McFadden Square Specific Plan ea. He referred to Condition No. 32, Exhibit w stating that the lanning Commission may call back the use permit for review if t would be determined that the use is detrimental to the ommunity. However, he stated that if there would be problems th the design or layout of the project that it would be difficult o correct those problems in the future. response to a question posed by Commissioner Pomeroy egarding the Public Works Department's suggested condition tating that the vehicles would not be allowed to block access riveways, Don Webb, City Engineer, stated that the condition was uggested to control the traffic in the event the proposed stacking or nine vehicles from the pick -up window are not adequate. -14- COMMISSIONERS 4 u Awl Y-� CITY OF NEWPORT BEACH AI/lll !, 1JJT ROLL CALL INDEX In response to a question posed by Commissioner Gifford with regard to the foregoing suggested condition, Mr. Webb explained that the condition states that if traffic on site is causing the driveway from Newport Boulevard to the site to be blocked that the employees of the restaurant would direct incoming customers to bypass the drive -up facility. Commissioner DiSano, Mr. Hewicker, and W. Webb discussed the future circulation of Newport Boulevard in the vicinity of the subject site. Mr. Webb reported that the Circulation Element of the Master Plan provides for Newport Boulevard in the subject vicinity to have two lanes in each direction. In response to a question posed by Commissioner Gifford, Mr. Webb replied that the turn- around sign for crowded conditions on the Peninsula would remain on 28th Street. ' In response to a question posed by Commissioner Edwards, Mr. Webb and Mr. Hewicker indicated that previous "Island" use requests have been for fast food restaurants, and a residential site in conjunction with the 28th Street Marina. Mr. Hewicker stated that any retail or office use would be permitted on the subject site. The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King & Associates, appeared before the Planning Commission on behalf of the applicant. Mr. King reviewed the proposed project. He further stated that the walk -up order window and pick -up window would be able to handle 15 customers at a time, and if necessary, it could be modified to handle additional customers by adding a third window; the state - of- the -art equipment consists of an exhaust filtering system that would filter grease so as to eliminate odors or nuisance greases; that based on McDonald's statistics it was predicted that approximately 40 percent of the business would be walk -up business; McDonald's maintenance program would consist of a travel path and lot sweep, and many restaurants in the area have indicated an interest in participating in the program; the 6:00 a.m. opening would provide a service to the public engaging in early -15- COAGMSSIONERS i MINUTES CITY OF NEWPORT BEACH n—a 7 inns ROLL CALL INDEX morning activities in the area; the drive- through would close earlier than the proposed closing how of 2:00 am during the peak season to enable the restaurant to turn off the outdoor speaker; the proposed hours of operation of the restaurant's winter hours would be 6:00 am. to 12:00 midnight Sunday through Thursday and from 6:00 a.m. to 2:00 am. Friday and Saturday; the restaurant intends to have on -going communication with the residents and community associations to address issues that may be of concern; and the restaurant would include the residents in their landscaping plan. Mr. King concurred with the findings and conditions in Exhibit "A". He addressed the condition suggested by the General Services Department requesting that McDonald's make a cash contribution to the City's litter control program in the amount of $34,824.00. McDonald's has suggested that they finance their own program. He explained that the restaurant currently has an existing clean -up program at many of their facilities throughout the Country that consists of youth going into the communities to clean the areas. McDonald's spends approximately $16,380.00 per employee per year working 5 to 9 hours in their existing clean -up rogram. McDonald's intends to police a larger area with the assistance of the aforementioned interested restaurants and associations from the West Newport area to the Balboa Pavilion. McDonald's would use the money under their own corporate sponsored clean -up operations that would be monitored by management. Mr. King addressed the previous stated concerns regarding the monitoring of peak hour traffic. r. King stated that McDonald's signage would allow the drivers to identify the destination and the driveways so as to complete the weaving activities in heavy traffic with a minimum of problems. The sign also incorporates a menu board and speaker container or efficiency that are attributable to the operation of the facility. Mr. King submitted a letter to the Planning Commission from the Newport Pier Association in support of the proposed restaurant. -16- C0PAMSSIONERS 4 MINUTES CITY OF NEWPORT BEACH Apnl 1, 1994 ROLL CALL INDEX In response to questions posed by Commissioner Edwards, Mr. King replied that the aforementioned 40 percent of walk -up business was a statistic used by McDonald's in Santa Monica. Commissioner Edwards and Mr. King discussed the concerns expressed by the residents with respect to McDonald's coming into an adjacent residential area. Mr. King further replied that the proposed hours of operation would accommodate the public's needs; however, if the business would be slow the restaurant would close earlier. McDonald's would not utilize the outside speaker after midnight, and that would leave the walk -up window and interior area for seating and the parking lot for the public to eat their food. He indicated that several of the eating establishments in the area close at 2:00 a.m. Mr. King reviewed the proposed lighting, and he stated that McDonald's intends to meet with the neighbors to discuss the proposed lighting. In response to questions posed by Commissioner Gifford regarding ' the aforementioned litter control program, Mr. King replied that McDonald's would submit a proposal to the City of what the litter program would cost. Mr. Hewicker stated that the General Services Department reported that two City employees would concentrate in the area from the ocean to the bay, and from 32nd Street to the Newport Pier. In response to a question posed by Mr. Hewicker, Mr. King discussed the McDonald's litter control program that would include several restaurant establishments and associations. Commissioner Ridgeway stated that conditions in Exhibit "A" do not address the litter program, and he requested that the applicant submit a written proposal as explained by Mr. King so as to incorporate a condition in Exhibit "A". Commissioner Edwards addressed the proposed summer hours of operation from 6:00 am. to 2:00 am. daily and the aforementioned 28th Street turn - around area. He indicated that the City may be intensifying the traffic problem in the area. Mr. King replied that the restaurant would serve the people who are in the area, and the public would not come to the Peninsula to go -17- 4 o CITY OF NEWPORT BEACH MINUTES C1tIL ll /, 177Y ROLL CALL INDEX to McDonald's. Commissioner Edwards indicated his concern regarding the use of McDonald's parking lot, and the traffic. In response to a question posed by Commissioner Ridgeway, Mr. King discussed the land that would be developed by McDonald's and the demolition of the existing structures located on the site. In response to a question posed by Commissioner Ridgeway, Mr. Webb replied that he reviewed the proposed plan and he was not aware of bicycle parking on the site. Mr. King stated that an area is proposed for bicycle parking. Mr. Robert Lombardi, Project Manager for McDonald's, 4370 La Jolla Village Drive, San Diego, appeared before the Planning Commission. In response to questions posed by Commissioner Ridgeway regarding the feasibility of egress /ingress on 28th Street, Mr. Lombardi explained that initially plans were submitted to the City Traffic Engineer with respect to the entrances, exits, the drive- through, and a general layout of the design. The final proposal submitted to the Planning Commission is the result of the Traffic Engineer's recommendations. Mr. Webb explained that the Public Works Department's primary reason for not supporting driveways on 28th Street is because 28th Street is a two -way street and there is a short distance between the two Newport Boulevards. Commissioner Ridgeway expressed a concern that the restaurant as proposed would create a traffic problem in the area. Mr. Lombardi explained that based on McDonald's projections that 40 percent of the dollar volume is .proposed to be walk -tip business and 75 percent of the 40 percent would be in the dining room, and 50 percent to 60 percent of the dollar volume would use the drive - through window. Commissioner Gifford determined that based on the traffic report submitted to the Planning Commission that two- thirds of the volume would he pedestrian traffic, and she requested a clarification of volume of walk -up customers as opposed to vehicle traffic. -18- 411 a 10RQ WM1? s1° CITY OF NEWPORT BEACH MINUTES AnA 7 1OOd ROLL CALL INDEX Mr. Lombardi responded to Commissioner Edwards' previously stated concerns and he addressed Condition No. 9, Exhibit W, regarding the parking lot lighting whereby he indicated that McDonald's does not intend to have light spillage outside of the property. He further replied that McDonald's attempts to help the community by providing a litter control program. Commissioner Ridgeway expressed his concern regarding the number of proposed on -site parking spaces, and the feasibility of automobiles blocking traffic on Newport Boulevard waiting for a parking space. Mr. Lombardi explained that employees would monitor the problem. Commissioner Ridgeway expressed a concern that 24 parking spaces may be inadequate at the peak hour and an employee on -site may not be able to direct the traffic. Discussion ensued regarding the projected number of hourly transactions as submitted by the Traffic Consultant. • Mr. James Person, 507 - 29th Street, appeared before the Planning Commission to oppose the proposed project He stated that the subject parcel was originally included in the 28th Street Marina at the time the developer of the 28th Street Marina acquired the property. He objected to the subject location on the basis that the pedestrian customers coming from the beach would have to cross Balboa Boulevard and Newport Boulevard with no signals; the traffic report did not address the major terminus of OCTD in the vicinity; and the projected numbers of pedestrians in the traffic report may not be accurate. He pointed out that if the Planning Commission approved the project and some time in the future called back the use permit for review, it may be difficult to redesign the restaurant. In response to questions posed by Commissioner DiSano, Mr. Person replied that he could not recommend a parcel for a future McDonald's on the Balboa Peninsula. He further replied that a small commercial business or a small restaurant would be a viable use on the property, but not a restaurant with a high volume. 10 -19- 1"AnPOW00%o CITY OF NEWPORT BEACH u I►f�i�iiFV-5-9 ROLL CALL INDEX Chairman Merrill, Mr. Person, and Mr. Hewicker discussed the affordable housing use that was originally considered for the subject parcel when the 28th Street Marina developer purchased e property. . Gary DePerine, 2600 Newport Boulevard, No. 318, appeared efore the Planning Commission to oppose the subject application. He determined that the residents of 28th Street Marina would be mpacted by the proposed establishment and the value of their roperty would depreciate. He objected to the restaurant's signs, Oise, and 2:00 a.m. closing. He addressed his concerns regarding he safety of children as they cross Newport Boulevard to cDonald's. Mr. DePerine further stated that the traffic report oes not adequately project the volume of business that cDonald's would attract. He suggested that McDonald's onsider establishing a restaurant in the Fun Zone area. ` n response to a question posed by Commissioner DiSano, Mr. ePerine suggested that any commercial business that would ttract normal traffic and signage would be a suitable use for the ubject parcel. r. Douglas Boyd, 2101 East Balboa Boulevard, appeared before he Planning Commission on behalf of the Balboa Peninsula Point sociation. Mr. Boyd addressed the Association's concerns egarding the congestion that could occur in the McDonald's azking lot, and the 2:00 a.m. closing. He suggested throw down ow intensity lighting so as not to infringe the lighting on the eighbors. Mr. Boyd further stated that signage is not critical for cDonald's restaurant. Mr. Hewicker stated that the Police epartment's concerns regarding customers congregating and oitering in the parking lot were addressed in the staff report. The uggestions include securing the parking lot after the restaurant is losed, the presence of a uniformed security officer on the site, d the reduction of hours of operation. r. Russ Fluter, Balboa Peninsula realtor and property owner, ppeared before the Planning Commission in support of the -20- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES A. 41 1 1OOd L1k/ll1 /, 1J JT ROLL CALL INDEX roject. Mr. Fluter stated that the restaurant would be a major improvement at the entrance to Cannery Village inasmuch as it would have low intensity; a low Floor Area Ratio; well landscaped; d the project would be a classic design. He stated that cDonald's fits in all types of locations, and that the benefits from Me take out restaurant would outweigh the negatives. George Edgerton, 112 - 27th Street, appeared before the lamung Commission. He expressed concerns regarding the affic; the volume of customers during peak hours; that the urrounding area would lose parking spaces; and trash cans and 'tter control programs would not work successfully in the area. e said that any fast food restaurant at the subject site would e a bad situation worse, and he suggested a parking lot be eveloped on the site. ' r. John Newcomb, 1821 West Bay and the developer of the 28th treet Marina, appeared before the Planning Commission. He fated that he has no personal economic interest in the proposed roject. Mr. Newcomb addressed the quantity of trash left on the each on any given day, and he commented that if the businesses the area that sold food to the public were closed, i.e. grocery ores, convenience stores, liquor stores, take -out restaurants, there ould still be trash on the beach; however, the closures would economically devastate the community. Mr. Newcomb compared e proposed McDonald's with the McDonald's that is located on 'Vest Coast Highway adjacent to an expensive residential area, d he pointed out that he was not aware of the residents complaining about noise or odor. Mr. Newcomb stated that there e establishments adjacent to the site that are open until 2:00 a.m., and there have been no complaints regarding those establishments. He said that to have a responsible community- oriented business build a new restaurant on the Balboa Peninsula would go a long way to revitalize the area. la response to a question posed by Commissioner DiSano, Mr. ewcomb replied that the traffic studies indicate that the proposed roject would be a good plan. McDonald's would be a good -21- 4 CITY OF NEWPORT BEACH MINUTES A ril 7 1994 P ROLL CALL INDEX corporate occupant to come into a blighted area and that would increase the value of businesses, and they would clean up their act. In response to a question posed by Mr. Hewicker, Mr. Newcomb replied that he signed the subject application; however, he is no longer the owner of the property. Mr. Christopher Rolfs, 2700 Newport Boulevard, No. 324, appeared before the Planning Commission. He expressed concerns regarding the noise and the skateboarders that would be coming from McDonald's to the residential area, and the safety of e children crossing Newport Boulevard to McDonald's. . Kent Stoddard, 2700 Newport Boulevard, No. 326, appeared before the Planning Commission to oppose the subject project. He addressed the density in the area, the noise, and he pointed out that it would be another business in the area that would stay ' pen too late. He stated that if the Planning Commission approved e application that the restaurant not be allowed to remain open until 2:00 a.m. any day of the week or year, and he recommended at the establishment close at 10:00 p.m. inasmuch as the peration is adjacent to a residential area. The restaurant should of be permitted to have more signs than the number of signs lowed by the Sign Code. Mr. Stoddard stated that the residents were originally informed that the drive- through would be on the pposite side of the building from the 28th Street Marina; owever, the plans indicate that the drive- through would be on the ame side of the building as the 28th Street residents. Mr. toddard concluded that the proposed restaurant would be in a ad location for the amount of activity that is proposed. Marlin Stoddard, 2700 Newport Boulevard, No. 326, ppeared before the Planning Commission. She said that the roposed plan is offensive because it is a classic design, and the umber of golden arches that would be located across from her esidence would be an atrocity. She expressed her concerns egarding the egress \ingress traffic across from the 28th Street COMNIISSIONERS • ��''���tG�Qy�,y�Jo h CITY OF NEWPORT BEACH MINUTES Arril 7 IOOd ROLL CALL INDEX Marina on (northbound) Newport Boulevard; the congestion; the transients; and the children on skateboards. Mr. Laith Ezzet, 2700 Newport Boulevard, No. 226, appeared before the Planning Commission. He stated that the residents are currently putting up with the noise and other nuisances from the adjacent restaurants, and he objected to the McDonald's customers also abusing their property. He questioned if the City would receive additional tax revenue from the restaurant because the customers would be able to go to other fast food restaurants that are in close proximity to the subject site; however, the restaurant would reduce their property values and the City's property tax revenue. He stated that if the Commission would approve the subject request that the restaurant not be allowed to remain open after 10:00 p.m.; that the proposed litter program include the 28th Street Marina residential area; that a sound wall be constructed on 28th Street and (northbound) Newport Boulevard so as to keep ' the public off of the Marina property; and black out the portion of the McDonald's sign that would be facing the residents. He suggested that the parcel be developed as a parking lot. In response to a question posed by Commissioner Pomeroy, Mr. Ezzet replied that his primary concern is that McDonald's customers would wander into the Marina to leave their trash. In response to a question posed by Commissioner DiSano, Mr. Ezzet replied that there are virtually no businesses located at the 28th Street Marina. In response to a question posed by Commissioner Gifford, Mr. Ezzet replied that the adjacent pizza parlor remains open until 1:30 a-m. to 2:00 a.m. if there are enough customers to serve. Mr. Joe Catron, 215 - 28th Street, appeared before the Planning Commission. He stated that he is concerned with the safety of the public crossing Newport Boulevard from the beach to McDonald's; trash; noise; and lights. He said that if the application would be -23- COMMSSIONERS 4 CITY OF NEWPORT BEACH MINUTES Anril 7 1 QQd ROLL CALL INDEX approved that he would request a traffic light at the intersection of 28th Street and (southbound) Newport Boulevard. Mr. Carlo Mione, 42 Seton Road, Irvine, appeared before the Planning Commission. He stated that he was a former restaurant owner, and that he assisted in the design of the proposed restaurant. He pointed out that the proposed classic design is first in the Country with a new concept. He commended McDonald's and their proposed operation. The residents have valid concerns; however, McDonald's would be considerate of the neighbors, and the restaurant would be an asset to the community. In response to a question posed by Commissioner DiSano, Mr. one replied that the proposed restaurant would have more pace, landscaping, and square footage than the McDonald's restaurants that would be similarly developed throughout the Country. He further commented that McDonald's is well versed in ' traffic flow and service times. Mr. Michael Palitz, 2102 West Ocean Front, appeared before the Tanning Commission. He stated that he operated the subject arcel as a parking lot last summer, and there was never a roblem with the automobiles egressing /ingressing the parking lot e said that he has observed many commercial uses in the area, nd the subject location would be perfect for McDonald's, and the erchants in the area need a sign of stability and continuity in usiness. He said that customers would come to the restaurant, ake a purchase, and leave the area. He stated that the heaviest raffic would be on Saturdays and Sundays, and not every day of he week. r. King reappeared before the Planning Commission. He stated hat inasmuch as the operation of the drive - through closes at 12:00 'dnight that the speakers would also be turned off at 12:00 dnight, and the customers would place their orders at the erving window after the speakers would be turned off. He iscussed the asset that McDonald's would be to the beach ommunity-, the requested signage; and the trash pickup program. -24- • IMP-NAMORmo 4 CITY OF NEWPORT BEACH ul ►iriNiFV-1 Apnl 7, 1994 ROLL CALL INDEX In response to a question posed by Commissioner Pomeroy, Mr. King discussed the safety of the pedestrian traffic that would cross the southbound lanes of Newport Boulevard. There being no others desiring to appear and be heard, the public hearing was closed at this time. Discussion followed between the Planning Commission and staff regarding a continuance of the public hearing to request that the traffic consultants and the City Traffic Engineer appear at a future public hearing to address the Commission's concerns regarding the traffic circulation. Commissioner Edwards stated that if the item would be continued that the applicant come back to the Planning Commission with more specific information regarding the residents concerns: modify the hours of operation; submit a plan regarding policing ' the area; and signage and lighting. Chairman Merrill concurred that a lighting program be submitted in more detail. Commissioner Gifford queried if the request is the right use for the subject parcel. She stated that if that would be a positive decision then it would be appropriate to address signage, lighting, and noise. She requested that the applicant come back with a clarification of volume vs. transactions or other types of data so as to assess the number of pedestrians that would come to the restaurant. She requested that the site be marked with the proposed entrances and emits, and where the location and height of the pole signs are planned. Commissioner Ridgeway requested that the applicant come back to the Planning Commission with a trash plan; the traffic backup time while waiting for large customer orders; bicycle and pedestrian traffic; traffic signal; and signage. In response to questions posed by Commissioner Ridgeway, Mr. Hewicker replied that take out restaurants are allowed two. square feet of signs for the longest street frontage; therefore, the applicant is allowed 338 square feet of sign. Discussion ensued regarding the allowed -25- 4 CITY OF NEWPORT BEACH iu t�� &--41 '7 1nne raYsu i, a�i-r ROLL CALL INDEX umber and size of signs on the premises. Commissioner Ridgeway suggested a lighted monument sign in the landscaping, d he queried if it is necessary for McDonald's to have a 25 foot 31gh identification sign. ommissioner Pomeroy requested alternate conditions be provided hat would eliminate the speaker for automobile traffic at 10:00 m. and a 12:00 midnight closing time; a cleaning and policing rogram in writing; directional lighting away from the residents; d a smaller sign. ommissioner Gifford asked if the symbol of the McDonald's arch nstitutes a sign under the definition of the Sign Code, and if it oes, how does it enter into the calculation. In response to a equest for a clarification regarding Condition No. 9, Exhibit W, W. Hewicker explained that the Development Standards for take ut restaurants require that parking lot lighting for take out estaurants be no higher than 10 feet. Commissioner Gifford tated that she would be concerned if the light standards would xceed 10 feet. hairman Merrill requested plans that would render all elevations A the building, signage, etc., where the lights are going to occur n the building, and what time the lights would be turned off. Motion * qotion was made and voted on to continue Traffic Study No. 93 Ayes * * d Use Permit No. 3516 to the Planning Commission meeting of Absent day 5, 1994. MOTION CARRIED. s s s r-26- COMMSSIONEI2S 0\1 \1,;WFP;t\j*\?,i0 CITY OF NEWPORT BEACH MINUTES A"Al 7 100A ROLL CALL INDEX Discussion Item: Discussion Item Amendment No. 801 A801 Request to initiate an amendment to Title 20 of the Newport Beach Municipal Code so to allow museum use in the commercial set for zoning districts (RSC, APF and RMC). ph 4/21/94 ZONES: RSC, APF and RMC APPLICANT: The City of Newport Beach Motion . Motion was made and voted on to set Amendment No. 801 for Ayes public hearing on April 21, 1994. MOTION CARRIED. Absent s s s ADDITIONAL BUSINESS: Add 1, Business Motion * Motion was made and voted on to excuse Commissioner Glover Ayes * * * * * * from the April 21,1994, Planning Commission meeting. MOTION clover Absent * CARRIED. Excused sss ADJOURNMENT: 10:30 p.m. Adjourn s s s ANNE K GIFFORD, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION t -27-