Loading...
HomeMy WebLinkAbout04/10/1997• Planning Commission Minutes April 10, 1997 Regular Meeting - 7:00 p.m. • • CITY OF NEWPORT BEACH Present: Commissioners Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley - all present STAFF PRESENT: Sharon Z. Wood, Assistant City Manager, Community and Economic Development Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Daniel Ohl, Deputy City Attorney Rich Edmonston, Transportation and Development Services Manager Ginger Varin, Executive Secretary to Planning Commission Minutes of March 6. 1997: Motion was made by Commissioner Ridgeway and voted on to approve, as clarified, the March 6, 1997 Planning Commission Minutes. Ayes: Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich, Ashley Noes: none Absent: none Abstain: none Public Comments none Postina of the Aaenda: Ms. Temple stated that the Planning Commission Agenda was posted on Friday, April 4, 1997 outside of City Hall. Minutes Public Comments Posting of the Agenda City of Newport Beach • Planning Commission Minutes April 10, 1997 SUBJECT: 704 East Balboa Boulevard MazzotR's at Balboa Restaurant (William L. Cobbs, applicant) • Use Permit No. 3606 Request to change an existing take -out restaurantwith incidental alcoholic beverage service to a full service restaurant with incidental alcoholic beverage service specializing in Italian cuisine. The application includes a request to continue the waiver of specific restaurant development standards previously waived for the existing take -out restaurant. Ms. Temple noted that approval for a Use Permit for a full- service conventional restaurantwould be considered a less intense use than the previously existing take out restaurant. The analysis has shown that most anticipated impacts that could be associated with this use have been reduced. Chairperson Adams asked of Condition 16. The Condition notes periodic steam cleaning of public sidewalks. Does the city require this and who is responsible for the cost? Staff replied that the BID is involved in steam cleaning activities in the Central Balboa • area. It was noted that in the past, the City has required applicants to do steam cleaning if it was deemed necessary. Chairperson Adams then asked for clarification about discussions if any with the applicant on the subject of trash storage. He noted that the trash storage requirement in the staff reported was not applicable because of no container being on site. In looking at the floor plans, there is no space inside dedicated to trash storage. Condition 20 notes trash dumpsters used by the facility and talks about the requirementof dumpsters. Ms. Temple noted that recently the City passed a Charter Amendment which requires all commercial uses to provide for their own trash service. Within each of the BIDs in the smaller on- street commercial districts, the businesses are cooperating to provide some type of joint arrangement for services to be provided by commercial trash haulers. Since there is no longer regular trash barrel pick up by the City, this business will participatewith other businesses to provide for this service more than likely in an off site location from this restaurant. There is no room to place a dumpsteron this site. Commissioner Gifford noted this Condition relates to odors and keeping it clean, the requirement under the development standards relates to a more visual impact. If it might not be on the property, it is still appropriate to have the applicant have some responsibilityfor controlling the visual as well as the odors and cleanliness issues. Ms. Temple noted that the intent of Conditions 19 and 20 is to require the individual user to participate in the responsibility to make sure trash dumpster(s) is in a roofed INDEX Item No. 1 UP No. 3606 Approved City of Newport Beach • Planning Commission Minutes April 10, 1997 enclosure and is maintained in a clean manner. TI responsibility even if the trash storage location is off -site. must carry some Chairperson Adams asked staff to considerthis as the meeting progresses. Commissioner Ridgeway asked where the off -site or on -site location would be and was answered that it is in the Washington Street parking lot. Mr. Edmonton noted that there is included in the staff report, a plot that shows the restaurant and behind it on Bay Avenue a small parking lot. There is a block wall trash enclosure that services a variety of small businesses in this area. The City had collected the trash but with the change in the Charter, it is now the responsibility of the businesses to work out a contract situation for trash hauling. Mr. Edmonton noted that the enclosure does not have a roof but it is enclosed on the sides with a gate. Mrs. Wood stated that the suggested roof would be one that prevents unauthorized persons from tossing things over the enclosure. Mr. Edmonston is describing city owned property and a plan for businesses in that area who don't have room on their own property for trash storage is in the works. The City is intending to improve this facility with a roof and the enclosure as part of that. The cost of the improvement is minimal and the City would probably bear that cost, but then the ongoing cost of • collection and upkeep of the enclosure would be the shared responsibility of the participating businesses. Commissioner Fuller asked about Condition 10 which deals with sound. He noted the hours of limitation are for hours when the facility is supposed to be closed. He was answered that the provision was inserted to address special events which may have hours beyond the regular closing hours. Public Hearing was opened. Mr. William L. Cobbs, 11 Laurel Tree Lane, Irvine, applicant, stated that during a preliminary meeting with staff he had asked for the closing hour of 11:00 p.m. to coincide with the closure of the Balboa Theater. The ABC has restricted the use of alcoholic beverage after 10:00 p.m. In response to Commission inquiry, Mr. Cobbs stated that he understands and agrees to the rest of the findings and conditions of UP No. 3606 with that exception. Commissioner Ridgeway stated that if Commission gave the hour of 11:00 p.m. for closure, he would still be prohibited from serving alcohol after 10:00 p.m. to which Mr. Cobbs agreed. Mr. Cobbs said it would be a matter of being able to serve food items to 11:00 p.m. to facilitate theater patrons coming in for coff ee and dessert or a full meal if desired. The restriction is not only for the sale of alcohol it is also the consumption of alcohol and noted the ABC stated that at 9:30 or 9:45 p.m. he is to alert patrons that alcohol • 3 INDEX City of Newport Beach • Planning Commission Minutes April 10, 1997 service and consumption will stop at 10:00 p.m.. Cindy Young, 102 Intrepid - asked about Condition 24, kitchen grease disposal. If there is not provision for the site to have trash, do they have provision for grease interception? Mrs. Wood answered that it has been determined that it is not feasible to have a grease disposal facility on site. The applicant has applied to the Building Department for an exception from that requirement in which case the applicant will be required to pay an in lieu fee to the City. There is no place on site where it can be located and still meet the distance requirements that the Health Department mandates. Ms. Young stated that the trash situation on Washington St. is still not under control. She has asked the City to help the BID to facilitate the trash removal. The trash dumpsters are being used by everyone. It is a difficult situation to identify users who should and should not be using the dumpsters for assessment purposes because of Measure Q. The BID itself has no way to monitor any arrangements. She noted that restaurants generate an enormous amount of unpleasant trash. There is a tremendous amount of trash being generated not only by businesses and restaurants but by citizens also. She asks that the Commission work with the BID and the City to get a handle on the trash situation in the Central Balboa area. • Public Hearing was closed. Commissioner Ridgeway asked staff if there was a way to enforce the businesses to pay a subsidy that would be used to pay for the trash hauling? Ms. Clauson answered that this was an option with using the BID. What is being pursued through the General Services Department is the concept to work with the BID members to ascertain who will be using the bins. All of them will be subject to pay for the cost of the pick up. There will be a public meeting at Council to actually assess on every business' water bill either monthly or annually payment for the pick up service. The City will contract and pay for the pick up and will be reimbursed by the businesses. Motion was made by Commissioner Ridgeway stating that the City is working diligently through the General Services Department to address the impact of accumulated trash. He would allow the applicant to stay open to 11:00 p.m., with his proximity to the theater. He asked staff if he could add a sentence to either Condition 19 or 20 to obligate the applicant to join the BID or agree to an assessment. Mrs. Wood suggested that perhaps both 19 and 20 be deleted and replaced with the following. 'That the applicant shall participate with the City and /or other businesses in Central Balboa in providing shared facility for trash storage and collection:' Commissioner Ridgeway stated that there must be some verbiage relating to costs to • INDEX • City of Newport Beach Planning Commission Minutes April 10, 1997 be borne by the applicant. Chairperson Adams stated he is uncomfortable with doing away with these Conditions as there is always the possibility that the applicant can store trash in the building. If that is the case, the Conditions are needed with regard to odor and the like. It is probably unlikely, but someone could come in and reconfigure the building. Commissioner Ridgeway stated that what Mrs. Wood just read was not inconsistent with Conditions 19 and 20 and stated that this could become Condition 28 in addition to 19 and 20. Staff clarified that these would be alternatives and would have to be complied with on site, off site, inside or outside and /or into the assessment district depending on the Conditions. Commissioner Gifford stated she is uncomfortable with doing this in the alternative and the discussion of fees that the applicant would pay. Her view is to maintain Conditions 19 and 20 and not waive the development standard for storage so to retain the language that the bins will be hidden and a limitation of visual impact to neighboring properties and public street. We will have that as well as Conditions 19 and 20. It is not the Commission's issue as to how the applicant accomplishes that but • it does fix responsibility on the applicant for his trash and utilization of dumpsters. Commissioner Ridgeway stated that he agrees to this and will maintain his motion with Conditions 19 and 20 and not waive the development standard requirement for storage. Ms. Clauson stated that Condition 19 wording talks about on -site or at an off -site location, but it is not possible to be an on -site location so in essence what Condition 19 is requiring is to store the trash at an off -site location and to make sure it is screened from view. The applicant is required to store his trash at an off street location and he will have to make arrangements for it in order to comply with these conditions. If it is the Washington Street bin he would not have the control over it and therefore would not be in compliancewith the Conditions. Discussion ensued with the specific language regarding the restaurant trash and how it meets the requirements /conditions. Ms. Temple suggested additional language for Commission consideration to be added as Condition 28: "Applicant shall make arrangements for trash storage and collection adequate to serve the restaurant and in a manner which meets the development standard if it were provided onsite:" Staff will modify Conditions 19 and 20 to be consistent with this additional condition • INDEX City of Newport Beach • Planning Commission Minutes April 10, 1997 Commissioner Gifford asked for and received information on the exceptions granted for a grease interceptor. She then suggested that in conjunction with Ms Temple's suggestion, that language might form an introduction that would say the development standards and the following conditions and A and B would be the former 19 and 20. Ms. Temple agreed that it would lead into a convenient way to require that the issues in regards to making sure that the tops were closed and maintained in a clean manner are really the issues of 19 and 20 and will be incorporated into that one condition. Motion was modified to reflect the following, retain Condition 16 and hours of operation to 11:00 p.m. 19. Applicant shall make arrangements for trash storage and collection adequate to serve the restaurant and in a manner which meets the development standard if it were provided on -site by the following: • Trash stored within the building or within dumpsters shall be stored in a roofed trash enclosure. • • Trash receptacles or dumpsters used shall be maintained so as to control odor. Ayes: All Noes: none Absent: none Abstain: none Findinas: 1. That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail Service Commercial' uses and a restaurant is a permitted use within this designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the waiver of development standards as they pertain to setbacks, walls (surrounding the restaurant site), parking and traffic control, landscaping and lighting meets the purpose or intent of the development standards they as mil 4-44 City of Newport Beach • Planning Commission Minutes April 10, 1997 apply to restaurants, which will not be achieved to any greater extent by strict compliance with those requirements for the following reasons: • The existing physical characteristics of the site are not proposed to be altered since most of the work is interior work and the exterior building walls are not affected. • Walls in full compliance with the standards would adversely impact traffic circulation in the alley setback. • The same purpose or intent of the required walls surrounding the property to control noise can be achieved by the limitation on the hours of operation and the fact that no specific noise generating activities, such as live entertainment, are proposed in this facility on a regular basis. • The project does not propose any exterior alteration which would adversely impact existing traffic circulation through the alley or pedestrian pathways in the public right -of -way. • The remodeling proposed constitutes a minor change which does not warrant an increase in the landscape area to achieve greater conformance with the development standards; and the addition of landscaping at the rear of the property behind the building would only impede traffic circulation through the alley. • There have not been any past complaints related to lighting; and the • Code requirement's intent or purpose can be achieved by the redirection of existing light sources mounted on the subject building. 5. The approval of Use Permit No. 3606 will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, for the following reasons: • The four in -lieu parking spaces and the proximity of the municipal parking lots are adequate to serve the parking demand of the proposed restaurant facility. • The change to a full service restaurant results in a reduction in the general parking requirement for the area since it is a change from a more intense take -out restaurant use. • The proposal will not add a new liquor license to an overconcentrated area, providing only for the re- establishment of a previously existing license. • The establishment is to be operated as a full service restaurant and not as a bar which should minimize the potential number of Police and Department of Alcoholic Beverage Control problems in the area. • The restaurant use is compatible with the surrounding commercial and residential uses since restaurant uses are typically allowed in commercial districts and the proposed is less intensive than the preceding one at this location. • INDEX City of Newport Beach • Planning Commission Minutes April 10, 1997 Conditions: That development shall be insubstantial conformance with the approved site plan, floor plan and elevation, except as noted below. 2. That upon implementation of this approval, all previous use permit approvals, including Use Permit No. 3046, shall become null and void. 3. That a minimum of four in -lieu parking spaces shall be provided for the restaurant establishment. That food service from the full lunch /dinner menu shall be available to patrons at all times the facility is open up until one -half hour of closing. 5. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m., daily. Any increase in the hours of the facility shall require an amendment to the use permit, with the exception of holidays and special events (e.g., New Year's Eve) which shall be subject to the approval of a special event permit issued by the Community Services Department and approved by the Planning Department and the Police Department prior to issuance. The closing hour of any function approved in conjunction with a • special event permit shall not extend beyond 2:00 a.m.. 6. A maximum of 8 special event days shall be permitted per calendar year and any additional events in excess of that number shall require the approval of an amendment to this use permit or other appropriate application in accordancewith the provisions of Title 20 of the Municipal Code. That the approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. Further, that any event which is contemplated not to operate with the sale or service of food and beverages as the principal purpose (i.e., cocktail reception or mixer), shall be subject to the approval of a special event permit issued by the Community Services Department and approved by the Police Department. Said special event permit shall be completed and submitted to the Community Services Department at least 30 days prior to the date of the event (unless other arrangements are made with the City departments), to allow adequate time for the Police Department and other City departments to review the application and to impose additional conditions of approval. 8. That live entertainment and dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit or other required application is first approved in accordance with the provisions of the Municipal Code. Live entertainment and dancing in conjunction with special • 8 INDEX City of Newport Beach • Planning Commission Minutes April 10, 1997. event and private party functions which are incidental and accessory to the primary restaurant use shall be permitted. Such functions shall be subject to the approval of a special event permit issued by the Community Services Department and approved by the Planning Department and the Police Department prior to implementation. 9. That a Live Entertainment Permit and a Cafe Dance Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment and dancing as incidental and accessory to the primary use of the facility as a restaurant and only in conjunction with special events. 10. That the live entertainment and pre- recorded music allowed in association with a Special Event Permit shall be limited so that the sound shall be confined to the interior of the structure; and further that when the live entertainment is performed, all windows and doors within the facility shall be closed, except when entering and leaving by the main entrance of the facility. That the noise generated by the live entertainment shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the.sound shall be limited to no more than 65 dBA at any property line between the hours of 7:00 a.m. and 10:00 p.m. and 60 dBA between the hours of 10:00 • p.m. and 7:00 a.m. That the applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, unless otherwise approved by the Planning Director. H. That this approval shall not be construed as permission to allow concerts or a theater /nightclub use as defined by the Municipal Code, unless an amendment to this use permit is first approved by the Planning Commission. 12. That no event staged by an outside promoter or entity shall be conducted unless in conjunction with the service of food. 13. That all signs shall conform to the provisionsof the Municipal Code. 14. That the proposed restaurant facility shall conform to the requirements of the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Building Department. 15. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 16. That the area outside of the food establishment, including the public sidewalks, shall be maintained in a clean and orderly manner and may be u INDEX City of Newport Beach Planning Commission Minutes April 10, 1997 subject to periodic steam cleaning of the public sidewalks as required by the Public Works Department. 17. That the project shall be designed to minimize light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been evaluated and the light sources redirected or shielded, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineerstating that, in his opinion, this requirement has been met. 18. That storage outside of the building in the front or at the rear of the property shall be prohibited. 19. Applicant shall make arrangements for trash storage and collection adequate to serve the restaurant and in a manner which meets the development standard if it were provided on -site by the following: • Trash stored within the building or within dumpsters shall be stored in a • roofed trash enclosure and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. • Trash receptacles or dumpsters used shall be maintained so as to control odor. 20. That no outside paging system shall be utilized in conjunctionwith this facility. 21. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the establishment. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 22. That kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 23. That the project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 24. That a covered wash -out area for refuse containers and kitchen equipment shall be provided and the area drains directly into the sewer system unless otherwise approved by the Building Director and Public Works Director in • 10 INDEX • City of Newport Beach Planning Commission Minutes April 10, 1997 conjunction with the approval of an alternative drainage plan. 25. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 26. 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. SUBJECT: 101 Newport Center Dr. The Irvine Co. • AmendmentNo.836 Request to amend the Fashion Island Planned Community District Regulations to: • Eliminate the 25% restriction on outdoor dining in conjunction with restaurants. • Delete the term "outdoor restaurant" from the list of definitions and references • in the planned community text. Ms. Temple reported that this item was withdrawn by applicant and has been removed from the calendar. 3. SUBJECT: 2807 Newport Boulevard McDonald's Restaurant (John Lardas, applicant) • Use Permit No. 3516 (Amended) Review of The Planning Director's determination that an amendment to the existing Use Permit is required to allow the retention of 10 (ten) stools in the customer ordering /service area. Chairman Adams asked if anyone in the audience was representing McDonald's Restaurant. No one came forward. Public Hearing was opened and closed. Commissioner Ridgeway stated that he found the applicant's letter offensive. He continued stating that the applicant needs to come back and ask for a Use Permit especially after reading the verbatim minutes, particularly the direct question to Mr. King. Mr. Hyans puts it correctly in his letter that it is not the issue of what is being presented, it is the "scoff Jawing ". Commissioner Ridgeway stated he does not like the • 11 INDEX Item 2 A No. 836 Withdrawn Item No. 3 UP No. 3516 A Discussion Item City of Newport Beach • Planning Commission Minutes April 10, 1997 way this has been presented. Commissioner Selich agreed with what was said by Commissioner Ridgeway. Clearly the applicant was asked in regards to this application, the intent of the enclosed area. The Commission was deliberately misled in the comments that were made. He favors requiring an amendment to the Use Permit but above and beyond that, we may in fact find that when this comes back that those ten (10) stools are satisfactory or adequate. The applicant then would get away scot free in this issue, however, there has been a flagrant violation with this use both to the Commission and the City. Ms. Clauson stated that the City Code allows for the enforcement of Ordinances, via a misdeameanor criminal citation, injunction and administrative proceedings which go through the Commission. What could be done is to obtain a court order for removal of the stools right now. If the Commission makes the determination for the immediate removal of the stools and it is rejected, then an action for an injunction is filed. Commissioner Ridgeway stated that if the Commission wants the stools removed, and the applicant wants to come back and ask for them later, that amounts to a fine. Can that be done? • Ms. Clauson stated that he is not supposed to have them in now. The City could take action and ask for their removal and they could not be replaced until the applicant obtains a Use Permit for them. Commissioner Gifford stated that people are annoyed with this situation. It appears that the there were'misrepresentationsto the Commission and this is really the second strike with the previous violation of the signage. Commissioner Gifford asked for clarification of suggested action no. 2. Ms. Temple stated that it was intended to, if the Commission determined that the Director was in error in determining that an amendment to the Use Permit was required in order to allow the additional seating, direct staff to prepare an analysis of substantial conformance with the plans and conditions. It is the intention whichever route the Commission chose to fully notice it as a normal hearing so that affected parties could come and participate in the discussion. Commissioner Kranzley asked if there was a required time to come back for this Use Permit? Ms. Temple stated it would be appropriate for Commission to set a time frame that an application must be submitted, say within 15 or 30 days, or take the seats out until he does. Ms. Clauson suggested that the Commission find that it is not in substantial compliance and that the seats are not permitted under the existing Use Permit and • 12 INDEX City of Newport Beach • Planning Commission Minutes April 10, 1997 that they be removed or, in the alternative, that an application be made to allow the seating to remain within a specified number of days. Motion was made by Commissioner Gifford that the Commission make a finding that this project, as implemented with additional seating in the enclosed waiting area was not in conformance with the plans approved and conditions of approval. Staff is directed to notify McDonald's that the additional seating is to be removed within fourteen days. Ayes: All Noes: none Absent: none Abstain: none SUBJECT: 2801 East Coast Highway Starbucks Coffee • Site Plan Review No. 44 • Planning Commission interpretation of landscape plan conformance with Site Plan Review approval to accommodate proposal for outdoor dining. Ms. Temple stated this is staff's request to obtain Commission guidance in the determination of substantial conformance with the approved Site Plan Review. The site plan was approved with an amount of landscape including landscape in an area proposed for outdoor dining. The total loss of landscaping would be approximately 15°x. Staff is concerned with the reduction because this prominent location is on the corner of Goldenrod and Coast Highway. The landscaping in that area is quite effective. Commissioner Selich stated that on the landscape plans the landscape is quite different than what actually went in. The area out front appears to be hard surface area as opposed to landscape. Ms. Temple stated that it appears that the staff at the time looked at the revised proposal including the revised plant materials as well as perhaps the extent at the front of the building and determined that it met the meaning and intent of the landscape plan. Public Hearing was opened. Lynda Dykes, 37 Fabriano, Irvine- facility managerfor the Starbucks Corporation, gave a history of the store since its inception. She concluded noting the outdoor patio area would be a benefit to her store. is 13 INDEX Item No. 4 Site Plan Review No. 44 Discussion Item City of Newport Beach • Planning Commission Minutes April 10, 1997 Public Hearing was closed. CommissionerSelich stated that a patio on the corner would be a nice addition to the area. He is concerned with the landscape issue. He visited the site and concludes that what was originally approved was not what the City got. He suggests that a condition be added along with staff's conditions, that requires the applicant or the owner of the building to go back into the remaining landscape areas and locate some additional specimen trees, perhaps 3 fifteen foot palm trees. Staff would work with the applicant as to the location of the trees. Motion was made by Commissioner Selich to that effect Ayes: All Noes: none Absent: none Abstain: none Staff informed Commission that the action just taken was not appropriate. Ms. Clauson stated that the request was to eliminate landscaping. Commission is approving the elimination of some landscaping with the condition provided that it is • replaced. Ms. Temple stated that since specimen trees were shown on the original site plan, perhaps the maker of the motion could re -word it to state that the proposal to remove landscaping could be determined in substantial conformance so long as some number of the original specimen trees shown on the original plan are incorporated in the landscaping for the project. Substitute Motion was made by Commissioner Selich to find substantial conformance could be made if improvements to other landscape areas on -site were made as depicted on the approved landscape plan. Ayes: All Noes: none Absent: none Abstain: none ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - On March 24th Council adopted the Zone Code update and will be effective as of April 24th, the Old Newport Boulevard Specific Plan, Mesa Drive Rezone were passed to 2nd reading, and amendmentswere approved on Commerce Plaza and Camelback. • 14 INDEX Additional Business City of Newport Beach • Planning Commission Minutes April 10, 1997 b.) Oral report by the Planning Director regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals - Outdoor Dining Permit was approved for the Boston Market Restaurant. Modification Permits were approved tor: 3403 Finley Avenue, 2016 East Ocean Front and 2307 Francisco. Discussion ensued on the location of the outdoor seating at the Boston Market in Corona del Mar on Coast Highway. The permanent concrete fixed seating will be located on the existing raised patio. c.) Oral report from Planning Commission's representative to the Economic Development Committee- none. d.) Oral report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee- Commissioner Giff ord reported that there have been no meetings but that she as well as other city officials have received copies of correspondence of a positive note on recommendations and comments by the public. Mrs. Wood added that the City Council has directed staff to work on a Community Outreach Plan to get more comments from the public and also a Financing Plan to address how recommended actions can be funded. Both these items will be on the agenda for City • Council, April 28th. e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - none. f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. g.) Requests for excused absences- none. ADJOURNMENT: 8:30 p.m. ED SELICH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • 15 INDEX