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HomeMy WebLinkAbout05/19/1988COMMISSIONERS G�Fj, te QA 9 0 _ vy REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: May 19, 1988 CITY OF NEWPORT BEACH MINUTES RMFCALL INDEX Present x x x x x x Commissioner Koppelman was absent. Absent x $X- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of May 5. 1988: Minutes of Motion x 5 -5 -88 Ayes x x x x x Motion was made and voted on to approve the May 5, 1988, Abstain x Planning Commission Minutes. MOTION CARRIED. x �nt Public Comments: Public - - - - Comments No persons came forth to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, May 13, 1988, in front of City Hall. Request for Continuance: Request for Continuance James Hewicker, Planning Director, stated that staff has requested, and the applicant has no objections, that Item No. 3, Use Permit No. 3314, regarding an existing film store with an existing drive -up photo window located at 500 West Balboa Boulevard, be continued to the June 9, 1988, Planning Commission meeting. on x Motion was made and voted on to continue Use Permit No. x x x x x 3314 to the June 9, 1988, Planning Commission meeting. Absent x MOTION CARRIED. COMMISSIONERS � 9 �49m Ahvy CITY OF NEWPORT BEACH MINUTES May 19, 1988 ROITFCALL INDEX Final Man of Tract No. 13013 (Discussion) Item No.1 Request to approve the Final Map of Tract No. 13013, M No.13013 subdividing .282 acres of land into a single lot for a five unit residential condominium development on kpproved property located in the R -3 (2178) District. LOCATION: Portions of Lots 819 and 919, First Addition, Newport Mesa Tract, located at 1425 Superior Avenue, on the northwesterly side of Superior Avenue between Hospital Road and Placentia Avenue, in the Northwest Newport area. ZONE: R -3 (2178) APPLICANT: A. J. Miller and Associates, Inc., Irvine OWNER: Same as applicant ENGINEER: Van Dell and Associates, Inc., Irvine There being no one to appear before the Planning Commission on behalf of the applicant to discuss the Motion x subject item, a motion was made and voted on to approve Ayes x x x x x x Final Map of Tract No. 13013 subject to the finding and Absent x condition in Exhibit "A ". MOTION CARRIED. Findine: 1. That the proposed Final Map substantially conforms with the Tentative Map of Tract No. 13013 and all conditions imposed in conjunction with the approval of the Tentative Map. Condition: 1. That all conditions of the Tentative Map of Tract No. 13013, as approved by the City Council on March 23, 1987 shall be fulfilled. • -2- COMMISSIONERS 9�Oy�`�ly0 _ �y y �'L CITY OF NEWPORT BEACH MINUTES May 19, 1988 R ALL INDEX Traffic Study No. 46 (Public Hearinz) Item No.2 Request to approve a traffic study so as, to allow the conversion of 23,800 sq.ft. of general office space to S No. 46 medical office use. kpproved LOCATION: Parcel 2 of Parcel Map 124 -24, 25 (Orange County Tentative Parcel Map No. 77 -108) located at 1501 Superior Avenue on property between Placentia Avenue and Superior Avenue, northerly of Fifteenth Street, in the Northwest Newport area. ZONE: Unclassified APPLICANT: Newport Superior Medical Plaza, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Scott Whisant, applicant, appeared before • the Planning Commission, wherein he stated that he concurred with the contents of the staff report. Mr. Chris Hansen appeared before the Planning Commission on behalf of the Newport Crest Homeowner's Association, Mr. Hansen requested that the southbound Superior Avenue on- street parking be eliminated between Placentia Avenue and Hospital Road because of the heavy volume of traffic on Superior Avenue. In response to questions posed by the Planning Commission, Don Webb, City Engineer, explained that parking prohibitions on streets are under the jurisdiction of the City Council, the recommendation of the Traffic Affairs Committee or the Traffic Engineer. He stated that the Planning Commission cannot direct or condition a project with on- street parking provisions. There being no others desiring to appear and be heard, the public hearing was closed at this time. James Hewicker, Planning Director, referred to the Fair Share Fee, and he explained that inasmuch as the project will be redesignated from "general office" to "medical • office" that there will be additional trips generated as a result of the additional 23,800 square feet of medical office space on the site. Mr. Webb commented that the Fair Share Fee will total approximately $55,000.00. -3- COMMISSIONERS 0 G9y90 �Z Ask < N<�O y CITY OF NEWPORT BEACH MINUTES May 19, 1988 R ALL INDEX Commissioner Debay referred to page 12 of the staff report, "Cumulative Projects ", which states that nthe list includes 93 projects, of which approximately 658 are not occupied, 108 are fully occupied, and 258 are partically occupied. ", and she inquired if the traffic analysis took future trips generated into consideration? Mr. Webb agreed that the traffic analysis took the 93 projects into consideration assuming that the projects are going to be fully occupied, and also future regional growth. Commissioner Merrill and Mr. Webb discussed the data proposed for the Traffic Projection Model. Motion x Motion was made and voted on to approve Traffic Study Ayes x x x x x x No. 46 subject to the Findings in Exhibit "A ". MOTION Absent x CARRIED. FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S -1. 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary- modified, or primary street. Use Permit No. 3314 (Public Hearing) Item No.3 Dp3314 Request to permit alterations and additions to an existing film store with an existing drive -up photo window on property located in the C -1 District. The Continued t< proposal also includes a modification to the Zoning Code 6_9_88 so as to permit: a portion of the required off - street parking to encroach 10 feet into the required 10 foot rear yard setback, adjacent to an alley; to allow the construction of a new trash enclosure that also encroaches 9 feet 6 inches into the required 10 foot rear yard setback; and to allow the use of compact parking spaces for a portion of the required off - street parking. -4- COMMISSIONERS °o "ao�m �yo yC`Cgy CITY OF NEWPORT BEACH MINUTES May 19, 1988 ROL CALL INDEX LOCATION: Lots 20, 21 and 22, Block 3, East Newport, located at 500 West Balboa Boulevard on the northwesterly corner of West Balboa Boulevard and Island Avenue, on the Balboa Peninsula. ZONE: C -1 APPLICANT: Robert C. Durkee, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that staff has requested that this item be continued to the June 9, 1988, Planning Commission meeting, and that the applicant has no objections to said continuance. Motion x Motion was made and voted on to continue Use Permit No. Ayes x x x x x x 3314 to the June 9, 1988, Planning Commission meeting. Absent x MOTION CARRIED. at *� DISCUSSION ITEMS: Discussion Item No.l Blue Beet Cafe Reauest to appeal staff's interpretation of the calculation of "net public area" in the Blue Beet Cafe on property located at 10721st Place in the McFadden Square area. James Hewicker, Planning Director, stated that the subject appeal of the "net public area" has nothing to do with the findings and conditions of approval of Use Permit No. 3240 that was approved by the City Council on December 8, 1986, which would allow the applicant to add 158 square feet of "net public area" for outdoor dining to the subject restaurant facility. Mr. Hewicker further stated that the 1,618 square feet of "net public area" referred to in the staff report is the same figure that was referred to during the Planning Commission public hearing on November 6, 1986 and the January 12, 1987 City Council public hearing in conjunction with Use Permit No. 3240. The Planning Commission recessed at 7:50 p.m. and reconvened at 7:53 p.m. Chairman Pers6n stepped down from the dais because of the appearance of a possible conflict of interest. -5- COMMISSIONERS yA AF 00Na�B CITY OF NEWPORT BEACH MINUTES May 19, 1988 RZWCALL INDEX Mr. Sid Soffer, 900 Arbor Street, Costa Mesa, appellant, appeared before the Planning Commission. Mr. Soffer stated that the intention of the appeal is based solely on how to determine the "net public area" in the restaurant facility, and he addressed the letters that were included in the staff report. In response to questions posed by Mr. Soffer, Mr. Hewicker replied that the 1,618 square foot "net public area" was arrived at by the Planning staff using information that was provided by the Thirtieth Street Architects who were retained by the tenant who was operating The Blue Beet Cafe at the time of the fire. Mr. Hewicker stated that the square footage on the original plans may have been slightly less than the 1,618 square feet; however, the tenant, the architects, and the Planning Department staff attempted to recall as accurately as possible the square footage that existed prior to the fire. Acting Chairman Pomeroy and Mr. Hewicker agreed that the "net public area" is considered to be between the • bearing walls that could actually be used for dining purposes. Mr. Soffer asked if the "net public area" is specifically for ascertaining the number of required parking spaces? Mr. Hewicker replied that the subject appeal has nothing to do with the determination of the number of parking spaces required for The Blue Beet Cafe. He stated that it ultimately could lead to the Planning Commission or City Council to determine the number of parking spaces that would be required; however, the Municipal Code for the purpose of determining parking spaces provides a definition of "net public area ". Mr. Hewicker explained that if the "net public area" of an existing restaurant is increased from what previously existed, the Municipal Code states that is a change in operational characteristics which prompts a requirement to file a use permit for consideration by the Planning Commission. Mr. Hewicker further explained that when the Planning Commission considers a use permit, the Municipal Code provides the Planning Commission with the authority to review operational and locational characteristics of the restaurant for the purpose of determining the required number of parking • spaces, and to look at the floor plan so as to determine the areas that the Planning Commission would feel are not the areas of "net public area" which should be deleted for the purpose of calculating the parking -6- COMMISSIONERS q "0 ym pt my9f CITY OF NEWPORT BEACH MINUTES May 19, 1988 R CALL INDEX requirement. Mr. Hewicker commented that there is no language in the Municipal Code that allows the Planning Commission from the outset to start deleting the "net public area" for the purpose of eventually determining the parking requirements. In response to questions posed by Acting Chairman Pomeroy, Mr. Hewicker replied that a change in parking requirements could be determined by a change in a restaurant's operational characteristics, that the Municipal Code provides a scale of one parking space for each 30 square feet of "net public area" down to one parking space for each 50 square feet of "net public area" , and he listed several features to consider within a restaurant in determining the "net public area" for the purpose of calculating. parking requirements. Mr. Hewicker stated that Mr. Soffer can either come up with a floor plan that meets the 1,618 square feet of "net public area" as defined in the Municipal Code, or inasmuch as the restaurant's "net public area" has been figured to be higher than originally existed which requires the approval of a use permit, then Mr. Soffer • has the option to file same. In response to questions posed by Commissioner Winburn, Mr. Hewicker replied that he was not aware that Mr. Soffer questioned the figure of 1,618 square feet when the 158 square feet of additional "net public area" was requested at the November 6, 1986, Planning Commission meeting. He further replied that Mr. Soffer was required to purchase four additional in -lieu parking spaces in the Municipal Parking Lot; however, he commented that the appellant has not purchased same inasmuch as he has not exercised the use permit. In response to a further question by Commissioner Winburn, Mr. Hewicker replied that the "net public area" /parking space requirement has been in the. Municipal Code since 1975, and subsequently there have been revisions. Mr. Hewicker further replied that no questions have ever been raised as to how the "net public area" was derived. In response to a question posed by Commissioner Merrill, Mr. Hewicker replied that Mr. Soffer did not file a written request for.an appeal. Mr. Hewicker referred to the letters included in the staff report that were written to Mr. Soffer over the past several months, and he commented that during the March 8, 1988 meeting with Mr. Soffer it was obvious that there was not going to be a compromise between the two parties. Mr. Hewicker stated that Mr. Soffer indicated that there was going to -7- COMMISSIONERS Ask G�Z � S CC Yo CITY OF NEWPORT BEACH MINUTES May 19, 1988 R CALL INDEX have to be a solution by a third party, and that inasmuch as the Municipal Code provides for the Planning Commission to act on appeals from staff's interpretation of provisions of the Municipal Code, this was the vehicle to use to get said solution. In response to a question posed by Commissioner Merrill, Mr. Soffer responded that it was his understanding that the subject appeal would determine how to correctly ascertain the "net public area ", and if the Planning Commission agrees with staff, then he has the option to appeal said decision to the City Council, inasmuch as he is of the opinion that the restaurant has not exceeded the "net public area" of 1,618 square feet to 1,779.3 square feet, or a difference of 161.3 square feet as calculated by staff. Commissioner Winburn asked if the difference in square footage is the office upstairs that has been converted into a dining area? Mr. Soffer replied that the area is used as a seating area, wherein Commissioner Winburn commented that the office space had not originally been • included as "net public area ". Mr. Soffer replied that the office area is not the only difference inasmuch as the building exceeds 3,000 square feet of floor area. Acting Chairman Pomeroy referred to page 7 of the staff report depicting the first floor plan, and he suggested that Mr. Soffer go through the first floor area and point out where he disagreed with staff's interpretation of "net public area ". Mr. Soffer referred to the entrance of the restaurant that is adjacent to the kitchen area. He stated that the entrance is a legal width that is determined by the Fire Department that cannot be used for the service of food or beverage, and he questioned if the entrance should be considered "net public area ". Mr. Soffer agreed with Commissioner Merrill that the public entrance area is the only way to enter the restaurant. Mr. Hewicker commented that the entrance can also be used as a patron waiting area. Mr. Soffer referred to the two entrances leading from Dining 1 into the kitchen and behind the bar, and he commented that it would not be reasonable to have tables and chairs, or patrons standing at said entrances. • Mr. Soffer referred to the area from Dining 1 to the restroom and service areas, and he commented that the -8- COMMISSIONERS ymG�y��NOy C� 9Qm9� . CITY OF NEWPORT BEACH MINUTES May 19, 1988 R CALL INDEX entrance to the restrooms could not be blocked with tables and chairs and the service area is used only by the waiters and waitresses. In response to a question posed by Commissioner Merrill, Mr. Soffer replied that the back entrance door opens away from the building as opposed to inside of the restaurant. In response to a question posed by Commissioner Debay, Mr. Soffer replied that stools will be provided in the bar area for the patrons to use with the exception of an approximate 4 foot space that will be used as a service area for the waitress. Mr. Soffer stated that the rear entrance area includes two posts and two doors that swing away from the restaurant in accordance with the Fire Department. Commissioner Merrill and Mr. Hewicker discussed the Fire Department requirements regarding a corridor area, and the occupancy load which does not include parking requirements. Commissioner Di Sano and Mr. Hewicker discussed staff's interpretation of the entrances to the restrooms in determining the "net public area" of the restaurant. . In response to questions posed by Commissioner Winburn, Mr. Soffer explained that he personally did not present the floor plans to the City because the tenant lease states that the tenant was responsible for restoring the building. Mr. Soffer commented that he did not have anything to do with the design of the building and that he did not work with the architect or staff regarding the 1,618 square feet of "net public area ". Mr. Soffer emphasized that he did not know how the 1,618 square foot "net public area" was ascertained. Assistant City Attorney Carol Korade referred to the application of Use Permit No. 3240, and she explained that the Planning Commission has to take two things for granted; that the figure of 1,618 square feet of "net public area" is the only square footage that Mr. Soffer is allowed, and that the Planning Commission must take for granted that none of the features can be exempt that could be "net public area ", that the Planning Commission must go by the definition, and that they must assume • that all of the features that have not been exempt within the Municipal Code are "net public area ". Ms. Korade stated that Mr. Soffer has the opportunity to -9- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 19, 1988 R CALL INDEX come back to the Planning Commission to apply for a use permit. Commissioner Winburn and Mr. Soffer discussed the contents of Use Permit No. 3240 that was applied for at the time of the fire when The Blue Beet Cafe was going to be rebuilt, and she stated that she assumed that Mr. Soffer would have been aware of the permitted "net public area" and that he would have agreed to the square footage in some fashion, or he would not have been required to provide the additional parking spaces for the additional "net public area ". Mr. Hewicker stated that Use Permit No. 3240 was filed on September 29, 1986, for the purpose of amending the original use permit on the property so as to add 158 square feet of exterior dining to the existing restaurant which equals 10 percent of the existing "net public area" and to provide four new parking spaces for the exterior dining area via in -lieu fees, and that said application was listed in Mr. Soffer's name and signed by Mr. Soffer. Mr. Hewicker explained that in the staff report prepared • for the Planning Commission meeting of October 23, 1986, and for the subsequent appeal to the City Council of December 8, 1986, at which Mr. Soffer appeared at both public hearings, there is a figure of 1,618 square feet of "net public area" as being the figure that was used as the original amount of "net public area ", with an additional 158 square feet of "net public area" proposed on an outdoor second floor deck.. Mr. Soffer and Acting Chairman Pomeroy discussed the stairways, and Mr. Soffer described the area from the entrance to the stairways to the top stairways that he would consider not "net public area ". Mr. Soffer referred to page 8 of the staff report depicting the second floor, and he commented that the corridors cannot be blocked with tables and chairs inasmuch as the corridors must be available for passage. In reference to the three doors . to the existing roof, Mr. Soffer commented that the middle door is the entrance to the roof; however, the two other doors may be blocked with tables and chairs. Mr. Soff er further commented that the roof is not currently being used for dining purposes. Mr. Hewicker stated that required permits have not been applied for to • permit use of the roof. Mr. Hewicker advised that the area where the doors are is not the same area approved on the plan by the Planning Commission on November 26, -10- COMMISSIONERS r ymA� 0r 9 F ��Z 9 � Kr 4y0 � ti CITY OF NEWPORT. BEACH MINUTES May 19, 1988 R CALL INDEX outdoor deck. He stated that the area that is shown on the plans for the outdoor deck is the area where they show part of the second floor where the wall was pulled back. Commissioner Merrill and Mr. Soffer discussed the possibility of an alternate fire access, and that the doors could be blocked with tables and chairs. Mr. Soffer referred to a third stairway that is a required fire exit, and he commented that the entire passageway to the first floor cannot be blocked legally. Mr. Soffer questioned why the hallway on the second floor leading to the back door has been excluded by staff as a "net public area ". Mr. Hewicker replied that the reason that the area is not included as a "net public area" is because it is an area that would not be used by the public inasmuch as the hallway leads back to the storage room. Mr. Soffer and Mr. Hewicker discussed if the entrance hallway is considered a waiting area. Mr. Soffer referred to the corner of the mezzanine area, and he pointed out that one -half of the area is used as a waitress station and the other half of the corner is not being used by anyone. He also referred to the 6 • foot by 8 foot bandstand located on the first floor that is not shown on the drawing, and he stated that the bandstand is intended to be nailed to the wall. Mr. Soffer questioned what definition staff has been using to define "net public area "? Mr. Hewicker referred to Chapter 20.30.035 B(4) of the Newport Beach Municipal Code regarding restaurants as stated in the staff report, and Mr. Soffer rebutted that "one space for each 40 square feet of net public area. ", is in reference to parking. Mr. Hewicker- replied that said definition of the term "net public area" is contained in the area of the Zoning Ordinance that pertains to parking. Mr. Soffer referred to Section 20.30.035 B(4), and he commented that the foregoing floor areas that he questioned cannot be used for the service of food or beverage from a practical standpoint and from a legal standpoint. In response to questions posed by Commissioner Debay, Mr. Soffer replied that "net public area" as stated in Section 20.30.035 B(4) only refers to parking and not to serving food and beverage. Mr. Soffer explained that he converted the second floor office area to a dining area when the square footage was decreased on the first • floor, and he believed he could legally conform to the 1,618 square feet of "net public area ". . He commented that there is nothing that states that a building has to -11- COMMISSIONERS A �4 CITY OF NEWPORT BEACH MINUTES May 19, 1988 R CALL INDEX be built as it was drawn. Mr. Hewicker confirmed that modifications were made to the building; however, he concluded that the former plan as far as the Planning Department is concerned, contains more "net public area" than the plans that were approved by the Building Department and the Planning Department for the purpose of reconstruction. Mr. Soffer and Commissioner Winburn discussed Use Permit No. 3240, approved by the Planning Commission on November 26, 1986, wherein 1,618 square feet of "net public area" was written into the staff report. In response to questions posed by Commissioner Merrill, Mr. Soffer replied that he measured the floor area of The Blue Beet Cafe; however he did not bring his calculations to the public hearing. Acting Chairman Pomeroy stated that if the Planning Commission attempted to measure "net public area" by interpretation of what was a serving area, a walkway, or an aisleway, that it would be impossible for the . Planning Commission to agree on a set of rules. He commented that he would possibly agree that the long entrance to the restaurant might be deleted from the calculations of "net public area" for the purpose of assigning how many parking spaces were required;. however, he commented that doors, hallways, or walkways are serving areas and should be considered "net public area ". He concluded that the calculations made by the Planning Department and submitted at 1,779.3 square feet of "net public area" were correct. Commissioner Merrill concurred with the foregoing statement, and he stated that he believed that the definition of "net public area" that staff has accepted is correct. Commissioner Winburn stated that she would uphold staff's interpretation of "net public area ". She commented that said interpretation has not been questioned in the past, that the appellant increased the deck area, and that he could have appealed the Planning Commission's decision when the "net public area" was addressed at the November 26, 1986, Planning Commission meeting. Commissioner Di Sano stated that restaurants throughout the City could have had similar complaints to the appellant's complaints inasmuch as many entrance areas -12- COMMISSIONERS �.o •o $.ZOr C� GZZ N�Z C�C90� CITY OF NEWPORT BEACH MINUTES May 19, 1988 R CALL INDEX are utilized as waiting areas, and he supported staff's interpretation. In response to questions .posed by Acting Chairman Pomeroy, Mr. Hewicker replied that he did not know of another City that uses a similar concept in calculating "net public area ". He explained that the City, prior to 1975, used the concept of an occupancy load; however, he said that it was nearly impossible to calculate the parking demand because restaurants were constantly adding or deleting chairs. Mr. Hewicker stated that after retaining a consultant, the concept of parking requirements based upon "net public area" was established. Motion x Motion was made to uphold staff's interpretation and application of the Municipal Code, and instruct the appellant to take one of the following courses of action by June 9, 1988: 1. Reduce the "net public area" of the Blue Beet Cafe to the extent it contains no more than . 1,618 square feet as determined by staff, 2. Appeal the Planning Commission's action in writing to the City Council; or 3. File a complete use permit application with the Planning Commission so as to allow the change in operational characteristics brought about by the increase in "net public area ". It should be noted that this option requires a discretionary action which in turn will require a Coastal Development Permit. Further, direct the City Attorney to initiate whatever legal steps are,required to obtain compliance with the Municipal Code if one of the preceding courses of action is not taken by the deadline noted above. In response to questions posed by Commissioner Winburn, Mr. Hewicker replied that the appellant is operating without a Certificate of Occupancy or an Encroachment Permit. Ms. Korade replied that the Municipal- Code provides that a restaurant cannot operate without a Certificate of Occupancy. Ms. Korade stated that if the appellant would continue to operate the restaurant without a Certificate of Occupancy, that legal action -13- COMMISSIONERS 9y CITY OF NEWPORT BEACH MINUTES May 19, 1988 RMFCALL INDEX would be necessary. Mr. Hewicker stated that the appellant must take action by June 9, 1988, and if has not acted by June 10, 1988, he would have lost the right to appeal and the City Attorney's office could initiate appropriate action. Ayes x x x x x The foregoing motion was voted on and MOTION CARRIED. Absent x x Amendment No. 659 Discussion Item No.2 Request to consider amending Title 20 of the Newport Beach Municipal Code so as to delete provisions which k659 require the removal of dwelling units which exceed the allowable density permitted by the District in which they are located when said dwelling units become 60 years old. Motion was made and voted on to a public Motion x _schedule hearing for Amendment No. 659 on June 23, 1988. MOTION s x x x x x x CARRIED. nt � x ADJOURNMENT: 9:20 p.m. Adjournment xx JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -14-