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HomeMy WebLinkAbout05/20/1999• Planning Commission Minutes May 20,1999 Regular Meeting - 7:00 p.m. 0 Ll ROLL CALL CITY OF NEWPORT BEACH Commissioners Fuller, Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Sharon Z. Wood - Assistant City Manager Patricia L. Temple - Planning Director Robert Burnham- City Attorneywas present for Item No. 4 Robin Clauson, - Assistant City Attorney Don Webb, Public Works Director Rich Edmonston - Transportation and Development Services Manager Ginger Varin - Executive Secretaryto Planning Commission Marc Myers - Associate Planner Minutes of Regular Meetina of May 6,1999-. Motion was made by Chairperson Selich, to approve the minutes as amended. Ayes: Fuller, Tucker, Ashley, Selich, Gifford and Kranzley Noes: None Absent: None Abstain: Hoglund Public Comments: None Postina of the Agenda: The Planning Commission Agenda was posted on Friday, May 14, 1999 Minutes Approved Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes May 20, 1999 SUBJECT: Capital Improvement Program Review of the Fiscal Year 1999 -2000 Capital Improvement Program for consistency with the General Plan, Zoning Code, and other planning policy documents. Commission Fuller referred the items found on page 69 regarding the Freeway Reservation Park. Commissioner Fuller noted that his understanding is that the Freeway Reservation Park is a continuation of the Bonita Canyon Park and asked if it has an access to the Bonita Canyon Park? Public Works Director Webb responded that on the Freeway Reservation Park, that is the area that will be southerly of the Bonita Creek Park, the long strip that ties into the Manning development. There will not be any connections into the Port Street except for the small park that is next to the Manning development. Mr. Webb noted that at that point, there is a sidewalk that goes from MacArthur Boulevard through the park and to Newport Hills Drive West. Commissioner Ashley asked staff what is going to occur on the sidewalk improvements on the Balboa bridge? Mr. Webb responded by referring to • the seismic retrofit on Balboa Island bridge, noting that on the outside (as viewed from the north Bayfront sidewalk) there are some large concrete pile caps that stick out on either side of the bridge. Mr. Webb commented when the Balboa Island community reviewed the plans for the retrofit, they had asked if some sort of architectural decorations could be put together to lessen the impact of the facilities. Mr. Webb stated that they came up with a number of different items and they settled on a pedestrian bridge to widen the existing sidewalks. Mr. Webb explained that what is proposed are concrete beams that will go from pile cap to pile cap with a deck and railing on top. It is set -up for an 8 to 10 foot wide walkway area, and at the center of the bridge, it will widen a little more. These walkways will be on both sides of the bridge. Chairperson Selich asked if the walkways would be concrete? Mr. Webb responded that it has not been determined, but it probably will be. The existing sidewalk will stay where it is and will be used for bicycles without being interfered with by pedestrians. Commissioner Tucker referred to page 203, the 73/55 connector and asked if there is an estimate as to when it will be completed? Mr. Webb estimated approximately one year from today. Mr. Webb informed the Commission that Cal Trans opened bids on it approximately one week and a half ago and construction should start with about a month. Commissioner Fuller referred to page 75, about Sunset View Park, phase II, which is located on the south line of Superior and Coast Highway. Commissioner Fuller noted it reads, "This project provides for design on the site • known as Cal Trans West. Commissioner Fuller stated that it is his recollection INDEX Item No. 1 Capital Improvement Program . City of Newport Beach Planning Commission Minutes May 20, 1999 that this project is part of Cal Trans East, and Cal Trans West would be the portion to the west of that intersection. Mr. Webb explained that there are two parts to Cal Trans West. One part is the piece that is just easterly of Superior Avenue, which is a residual of the larger Cal Trans West parcel, and Cal Trans considers the two of them to be Cal Trans West. Commissioner Gifford asked Mr. Webb to comment on the fact that there is no landscaping in the median on the City Hall side of the bridge. Mr. Webb commented that landscaping was not put in areas where there is concrete below the median, such as the bridge deck area. Commissioner Kranzley commended Mr. Webb for the job that was done on the bridge. Chairperson Selich referred to Sunset View park and asked, on the property that is thought of Cal Trans West, what is the status? Mr. Webb commented that appraisals were completed approximately a year and a half ago and have submitted to Cal Trans. Cal Trans has asked the City to re -do a number of items. The City is now awaiting a letter from Cal Trans stating they accept the appraisal and we can start the acquisition process. Mr. Webb noted that he would anticipate this next fiscal year that they will enter into an option for the purchase, which the City puts down ten percent. Mr. Webb stated it his • understanding that, if Taylor Woodrow goes forward with their development, me might be able to work out some sort arrangement where they actually pay for the large portion of the park. However, there is another possibility that there might be other state resources from which the City might also get funding. Commissioner Ashley asked for clarification, there is a capital improvement plan for Jamboree and Ford Roads intersection and noted the description is not quite clear what it is. Mr. Webb commented that is one of the future projects, and they have applied for Measure M funding to provide additional through lanes on Jamboree Road. It would be primarily an additional northbound lane, and perhaps an additional southbound lane. Mr. Webb noted that would require acquisition property on the easterly side of the roadway that impacts the Sea Island tract. This is a project that the City will probably get funding for and will most likely be a two to three year process. Chairperson Selich asked what studies have been done to make the determination on the improvements on San Miguel between Avocado and MacArthur Boulevard? Mr. Webb responded that these are primarily related to complaints because traffic is backing out into MacArthur Boulevard. Mr. Webb noted that this has been observed, and they know that the volumes are down through there and they need to have additional lane capacity to provide for left turn movements from San Miguel onto Avocado. Chairperson Selich commented that this a good first step in reviewing the . Capital Improvement Program. He noted that this would give the INDEX . City of Newport Beach Planning Commission Minutes May 20, 1999 Commission a better understanding and will help them in reviewing the consistency aspects of the General Plan. Motion was made by Commissioner Kranzley that the Capital Improvement Program has been reviewed and have found it consistent with the General Plan. Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: None Abstain: None SUBJECT: The Pleasant Peasant French Country Bistro (Wai Lee, applicant) • 4251 Martingale Way, Unit A Request to allow a remodel and expansion of the kitchen in an existing eating and drinking establishment. The application also includes a request to allow the addition of a walk -up service window in conjunction with the existing • restaurant operation. Public Hearing opened. Wai Lee, applicant, acknowledged that he had read the staff report and conditions of approval and is in agreementwith the conditions set forth. Public Hearing closed. Motion was made by Commissioner Kranzley for approval of Use Permit No. 3656 with the findings and conditions. Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: None Abstain: None EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3656 Findings: 1. The Land Use Element of the General Plan designates the site for "Retail • and Service Commercial' uses and a restaurant use is considered a 4 INDEX Item No. 2 Pleasant Peasant Use Permit No. 3656 • City of Newport Beach Planning Commission Minutes May 20, 1999 permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. 3. The approval of Use Permit No. 3656 to permit the expansion of a kitchen and the addition of take -out window service in an existing restaurant 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 and is consistent with the legislative intent of Title 20 of the Municipal Code and the Newport Place Planned Community District Regulations for the following reasons: • The use is compatible with the surrounding commercial uses since restaurants are typically allowed in mixed commercial districts. • Conditions have been added to address potential problems associated with alcoholic beverage service, parking, and noise. • Adequate on -site parking is available for the existing and proposed • uses. • The proposed use is a continuation of the existing food service use, which serves the neighboring commercial uses and visiting tourists in the area. • The nearby commercial uses will not be adversely affected by the proposed kitchen expansion since there are no changes in the operational characteristics and the hours of operation have been limited. • Take -out window service is incidentalto the primary restaurant use. • The kitchen expansion is an upgrade of the existing facilities to comply with current building codes and health department standards. • The subject property currently conforms with regard to parking and the addition will not affect the parking situation. • The parking required for the facility can be easily accommodated in the common lot, which operates on a first -come, first -served or shared basis. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of propertywithin the proposed development. Conditions: The development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 0 INDEX • City of Newport Beach Planning Commission Minutes May 20, 1999 2. The service of alcoholic beverages shall be restricted to the interior of the building, and shall not be served at the take -out window. 3. The approval is only for the establishmentof a restaurant type facility as defined by Title 20 of the Municipal Code, as the principal purpose for the sale or service of food and beverages. 4. The approval of take -out window service shall remain incidental to the primary interior full- service restaurant function and shall not be permitted to be open for business when the primary use is not also open for business. 5. This approval shall not be construed as permission to allow the facility to operate as a bar or tavern use or as a take -out restaurant use as defined by the Municipal Code, unless a use permit is first approved by the Planning Commission. 6. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or leasing • company. 7. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 8. One parking space for each 200 square feet of net floor area (14 spaces) shall be provided on -site. 9. All trash areas shall be screened from adjoining properties and streets. 10. All employees shall park on -site. 11. The hours of operation shall be limited between 10:00 a.m. and 9:00 P.M., daily. 12. No outdoor speaker or paging system shall be permitted in conjunction with the proposed operation. 13. The exterior of the restaurant including the common seating areas of the shopping center shall be maintained free of litter and debris at all times. The restaurant owner or operator shall monitor the premises including the common area seating locations, and remove any debris left by patrons of the take - outwindow on a daily basis. • INDEX • City of Newport Beach Planning Commission Minutes May 20, 1999 Standard Requirements The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 3. The on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 4. The proposed restaurant facility and related off - street parking shall conform to the requirements of the Uniform Building Code. S. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 6. All improvements be constructed as required by Ordinance and the Public Works Department. • 7. The project shall complywith State Disabled Access requirements. 8. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 9. 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. 10. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acousticsto monitor the sound generated by the restaurant use and to develop a set of corrective measures necessary in order to insure compliance. 11. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. • 12. A washout area for refuse containers be provided in such a way as to INDEX • City of Newport Beach Planning Commission Minutes May 20, 1999 allow direct drainaae int sewer or storm drains, unless otherwise approved by the Building Department and the Public Works Department. 13. 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. 14. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. SUBJECT: Blockbuster Video Sign (Mark Frank, contact person) 3007 East Coast Highway • Modification No. 4879 Request to permit the installation of a roof sign on a new parapet wall where • the Code limits roof signs to business locations that preclude the effective use of a pole sign, ground sign or projecting sign. Ms. Temple stated that the applicant has again asked for another continuance of this item to the next meeting on June 10th. Motion was made by Commissioner Fuller to continue this item to June 10th. Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: None Abstain: None !•• SUBJECT: Bettingen Residence (Bill Edwards, Architect) 2215 Pacific Drive • Variance No. 1228 • Modification No. 4908 Request to approve a variance to permit alterations and additions to an existing non - conforming single family dwelling (due to height and parking) that will exceed the height limit in the 24/28 foot Height Limitation Zone by approximately 18 feet and exceed the maximum allowable floor area limit on . property located in the R -1 District. The application also includes a INDEX Item No. 3 Modification No. 4879 Continued to June 10th Item No. 4 Variance No. 1228 Modification No. 4908 City of Newport Beach • Planning Commission Minutes May 20, 1999 • 40 modification to the Zoning Code to allow a second floor bay window to encroach into the required side yard setback area and the roof eaves to encroach within 1 foot of the side property lines. Ms. Temple stated that the applicant has asked that this item be continued to the next meeting on May 20th. Motion was made by Commissioner Fuller to continue this item to June 24th. Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: None Abstain: None a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - It was reported that the new heights for the RA District were approved; the Service Station Ordinance was introduced on a split vote of four to two, the two who voted against were concerned with the design guidelines and if there were enough safeguards for the introduction of alcohol. Also, approved was a contract with a consultant planner to be the staff planner on the Koll Center project. Planning Director Temple reported that she has been working with the owner of Auto Bistro regarding the Commission's desire for additional landscape around the base of the sign. He has now met with one of the landscape architects that developed the Mariner's Mile design framework and will shortly have a landscape design in for the Planning Department's review. b.) Oral report from Planning Commission's representative to the Economic Development Committee- None. C.) Matters which a Planning Commissionerwould like staff to report on at a subsequent meeting - None. d.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - None. e.) Requests for excused absences - Commissioner Gifford excused from June 10th meeting. INDEX Additional Business City of Newport Beach • Planning Commission Minutes May 20, 1999 INDEX ADJOURNMENT: 7:45 p.m. I Adjournment RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • 10