HomeMy WebLinkAbout06/04/1998• Planning Commission Minutes
June 4, 1998
*Regular Meeting - 7:00 p.m.
ROLL CALL
CITY OF NEWPORT BEACH
Commissioners Fuller, Ridgeway, Selich, Kranzley, Gifford,
Adams and Ashley— all present
STAFF PRESENT:
Sharon Z. Wood, Assistant City Manager
Patricia L. Temple, Planning Director
Robin Clauson, Assistant City Attorney
Tony Brine, Senior Civil Engineer
Ginger Varin, Planning Commission Executive Secretary
Minutes of May 21,1998:
Motion was made by Commissioner Ridgeway, and voted on, to approve,
as written, the May 21, 1998 Planning Commission Minutes.
Ayes: Fuller, Ridgeway, Kranzley, Gifford, Adams
Noes: None
Absent: None .
Abstain: Selich, Ashley
Public Comments: none
Posting of the Agenda:
The Planning Commission Agenda was posted on Friday, May 29, 1998
outside of City Hall.
Minutes
Approved
Public Comments
Posting of the Agenda
City of Newport Beach
• Planning Commission Minutes
June 4, 1998
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SUBJECT: Ristorante Mamma Gina's
(Piero Pieraffoni, applicant)
251 East Coast Highway
Planning Commission review, on the call up and referral of the City
Council, of the decision of the Planning Director which approved the
addition of an accessory outdoor dining area in conjunction with an
existing full- service restaurant. The outdoor dining area overlooks the bay
directly across from residential uses on Linda Isle.
Staff noted no additional comments.
Public Comment was opened.
Jerry King, JA King and Associates representing the applicant, stated that
they understand and agree to the findings and conditions of the
Accessory Outdoor Dining Permit as contained in Exhibit A. This
application is to add accessory outdoor dining to the establishment as
permitted under the Municipal Code. In answer to staff and public
expressed concerns, the applicant has added conditions to install a glass
wall of 7'6" high, the doorway will be changed to add a vestibule on the
interior side which will protect and prevent noise from carrying to the
outside as well as the closure of the restaurant one hour earlier than most
of the neighboring businesses. At commission inquiry, he noted that the
vestibule doors are self closing each way and the glass partition is 7'6" high
and is comprised of a short wall with the full extension of glass on top. He
agreed with the a modification to condition 13 stating that at no time will
the doors be propped open.
Piero Pierattoni, applicant stated that he has been at this location for the
past few years and has been a good restaurateur. He wants to be in
compliance, adding that there will be no broadcast or piped music, no
lighting and no noise will carry outside. The glass will be the same height
as the existing roof line. There should be no complications as far as noise is
concerned.
Commissioner Adams noted condition 14 in the outdoor dining permit that
was originally approved ...... should problems arise with regard to noise
associated with the outdoor dining areas, ...some or all of a portion of the
outdoor dining area seating in the areas which contribute to the noise
problems or complaints will be shut down....:'
Mr. Pierattoni said he is aware of this condition and has no problem with it.
At question by Commission, he stated that he would like to use the patio
during the lunch time and that the awning type window is necessary for
air circulation and to help keep the windows clean. He explained that
part of the window will be permanent and part will slide (for cleaning
INDEX
Item No. 1
Accessory Outdoor
Dining Permit No. 49
Approved
City of Newport Beach
is Planning Commission Minutes
June 4, 1998
purposes).
In response to Commission concern regarding the value of attenuating
noise with sliding windows, Ms. Temple stated that an acoustical engineer
could be hired by the applicant to address these concerns.
Darin Britvich, general contractorfor the applicant noted:
• Glass to be used is tempered Y:" thick.
• Glass that will slide, will have a locking device and will be locked at all
times except during the cleaning process.
• Awnings at the base are for daylight use only because the patio will
be extremely hot during the day.
• The bottom portion of the window is a single pane of glass that comes
out for air to pass through
Referencing the exhibit on the wall, Mr. Britvich explained the placement
and movement of the windows on the patio area.
Doug Liechty, 93 Linda Isle spoke in opposition to this application of
outdoor use based on:
• historical use problems
• • music and noise
• glass acts like an amplifier
Peggy Long, 97 Linda Isle, President of Linda Isle Community Association
spoke in opposition for similar reasons stated above. She spoke for two
neighbors who live at 104 and 105 Linda Isle directly across from the
restaurant and are the most impacted. Noise carries over the water and
they are appealing to Planning Commission for help. She then noted the
hours and asked for closure at 10:00 p.m. for outdoor dining if Commission
allows this application. She has called the Police Department to address
noise problems in the past, to which they have responded and dealt with
the matter.
Commissioner Adams asked Mr. Liechty if there had been any problems
with the current owner to which he answered, no, not with the present
configuration.
Commissioner Ashley asked the speaker if he had read the conditions
represented in Exhibit A regarding noise and was answered yes and
agreed that they would address any concerns with the noise, but that
their objections are based on past historical problems and on the premise
that these conditions have applied to other restaurants in the area but
they continue to be problematic.
Commissioner Selich asked staff about the issue of the bayfront restaurant
• regulations of the Economic Development Committee and Environmental
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Quality Affars Committee. Both of these committees have met and
endorse a set of recommendations being forwarded to City Council and
asked if there is any inconsistency in the conditions of the current project
with the proposed recommendations.
Mrs. Wood answered that those recommendations to be heard on June
8th include: for any new restaurant development or for an expansion or
intensification of an existing restaurant that an acoustical study would be
required taking into consideration the specific operations that are
proposed as well as the topographical and atmospheric conditions of the
location. Recommendationswould be included as to how that restaurant
could meet the noise standards in the Code. She concluded stating that
Commission could specify in condition 4 that the glass be designed by an
acoustical engineer.
Jean Liechty, 93 Linda Isle spoke in opposition to this application for
reasons similiarto previous testimony.
..At Commission inquiry, Ms. Temple noted that the distance across the
channel from the restaurant to the houses is approximately250 feet.
• Mr. Jerry King speaking to the Commission, noted the concerns expressed
by the previous speakers and Commission. The concerns of the noise of
the previous tenants is valid, but the City now has a noise ordinance. The
removable windows have handles that can be locked and /or removed.
Management can control the use of the windows and can be. dealt with.
The onus is put on the operator, if problems arise Commission can call
back this item for review. Additionally, this business is in a heavily trafficked
area, on the marina with boat traffic noise and background traffic noise of
the highway.
Public comment was closed.
Commissioner Adams noted that the proposal might be problematic as
voiced by the speakers. Commission needs to give development a
chance. The City has mechanisms in place to address and enforce
problems. This is an unusual outdoor dining permit due to the proximity to
residences and being on the water. The owner is aware of the gamble he
is taking. There are adequate measures in place, the residents need to
take action and call the City. The hours of operation need to be 10:00
p.m. every day of the week and not subject the residents to additional
noise possible emanating from the outdoor dining. Houses on the water,
have to endure the noises and activity that take place, i.e., boating, lack
of privacy. Concluding, Commission needs to give the applicant the
opportunity to try.
Commissioner Fuller, supporting the 10:00 p.m. closure, asked that an
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acoustical study be done by the applicant to the satisfaction of staff. This
would allow foreknowledge of problems.
Commissioner Gifford opinioned that while there have been no problems
with the operation so far and that the commitment of the operator is
commendable, the concern is that the restaurant can change hands.
There needs to be fixed glass at this location. The lower portion of glass
used for ventilation, confirms that it will be opened. Professional window
washers could take care of the cleaning without problems. There is no
need for an acoustical study, if we have all of these conditions, i.e., fixed
glass and 10:00 p.m. closure. If in spite of all of this, Condition 11 would
come into play to address complaints.
Commission Selich agreeing with the conditions outlined in the staff report
and the enforcement power, commented that Council referred these
bayfront restaurant regulations to the EQAC and EDC. Looking at the
recommendations, they center on enforcement of existing regulations.
Commissioner Ashley noting the safeguards in the staff report as being
very strong and useful, supports this application.
• Chairperson Kranzley noted that the live entertainment in this restaurant is
legal and non - confirming asked if Section 5.28 would apply, to which he
was answered, yes. He noted that rules run with the land, and, it is up to
the residents who are impacted to call the City and notify them of
problems that come up. The Noise Ordinance is in place to assure some
semblance of peace and quiet to surrounding residences. Supporting the
shorter hours and fixed windows he stated his support of the application.
Ms. Clauson noted that in addition to the Noise Ordinance, there is also an
Administrative Citation Ordinance which helps the community and the
applicant. Violations of any of the conditions are cited. The citation fine is
$100,$200 and $500 and goes up if the problems are not corrected.
Motion was made by Commissioner Ridgeway for approval of Accessory
Outdoor Dining Permit No. 49 subject to the findings and conditions in
Exhibit A with the following modification:
• Condition 4: delete words .... or Plexiglas type material,.......
• Condition 4, the outdoor dining area be provided with a minimum 76'
wall or partition.
• The UBC governs what will be constructed.
• No change in hours.
• No acoustical engineers.
• No change in fixed window aspect - condition 13 addresses any
problems that may occur
Commissioner Adams asked if the maker of the motion would add the
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change he suggested regarding the vestibule doors not being propped
open, to which he was answered, yes.
Substitute Motion was made by Commissioner Adams for approval of
Accessory Outdoor Dining Permit No. 49 subject to the findings and
conditions in Exhibit A with the following modifications:
• Condition 4: delete words.... or Plexiglas type material,.......
• Condition 13 to add, ....'vestibule doors not to be propped open at
any time'....
• Closing hours at 10:00 p. m. throughout the entire week.
• Condition 4 the outdoor dining area be provided with a minimum 7'6"
wall or partition.
Substitute Motion was voted on and approved:
Ayes: Fuller, Kranzley, Adams, Ashley
Noes: Ridgeway, Selich
Absent: None
FINDINGS:
•' 1. That the Land Use Element of the General Plan and the Local
Coastal Program designate the property for "Recreational and
Marine Commercial" land use. The proposed outdoor dining is
accessory to an existing restaurant, a permitted use within that
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 approval of Outdoor Dining Permit No. 49 will not, under
the circumstances of the particular case, be detrimental to the
health, safety, peace, comfort and general welfare of persons
residing or working in the neighborhood or injurious to property or
improvements in the area:
• The use is accessory to the existing restaurant use and
subject to all the findings and conditions of approval of
Use Permit No. 651 and any amendments, except as
limited by this approval, and is not an independent use.
• The proposed outdoor dining area, as conditioned, is
compatible with the surrounding land uses because the
limited hours and required patio screening should prevent
noise from adversely impacting the nearby residential
uses and the proposal does not include any noise
• generating activities outside of the facility (i.e.,
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entertainment).
4. That the proposal is consistent with the legislative intent of Title 20
of the Newport Beach Municipal Code for the following reasons:
• The use is accessory to and an extension of the existing
restaurant use.
• The proposed accessory outdoor dining expansion will not
be located to result in a reduction of existing parking
spaces.
• The restrictions on the use of solid roof structures as
applied to this approval are consistent with the intent
and purpose of the accessory outdoor dining to provide
outdoor dining opportunities.
CONDITIONS:
That development shall be in substantial conformance with the
approved site plan, revised floor plan (which includes the
addition of a vestibule and elimination of the easterly exit door
from the bar /lounge out to the outdoor dining area) and
elevations, except as noted in the following conditions.
• 2. That the accessory outdoor dining shall be used in conjunction
with the related adjacent food establishment and shall be limited
to 325 sq.ft. maximum (gross area) as proposed, unless an
amendment to this application is first approved or a use permit is
obtained from the Planning Commission, if necessary.
3. That the seating and dining in the outdoor area shall be limited to
dining table height (approximately 30 inches) and the use of
elevated counters and barstools shall be prohibited.
4. That the outdoor dining area be provided with a TG" wall or
partition which shall extend flush with the floor of the deck and the
underside of the existing roof at the westerly end of the deck. That
portion of the partition or wall which is not located under the
existing roof, shall maintain a minimum height to match the
underside of the adjacent roof and shall extend along the full
length of the westerly and southerly (overlooking the Bay) sides of
the outdoor dining area. If constructed of glass or Plexiglas -type
material, the partition shall be of solid construction, except that
operable awning type windows shall be allowed. The windows
shall be closed after 7:00 p.m., except during daylight savings time
(generally between the months of April and October) when the
windows shall be allowed to be open until 8:00 p.m. The final
window design and tamper -proof locking mechanism shall be
• subject to the approval of Planning Director and shall be
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good working order.
5. That the hours of operation of the outdoor dining area are limited
to 11:00 a.m. to 10:00 p.m. Sunday through Thursday, and 11:00
a.m. to 11; 10:00 p.m. Friday and Saturday. Any increase in the
hours of operation shall be subject to the approval of an
amendment to this permit, an amendment to Use Permit No. 651 or
the filing of a new use permit application. The patio shall be closed
and not utilized during the non - specified operational hours after
10:00 p.m. ., The interior restaurant
operation shall be governed by the hours specified in conjunction
with the approval of Use Permit No. 651 and its amendments.
6. That light sources within the outdoor dining area shall be designed
or altered to eliminate 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 designed
and directed in such a manner as to conceal the light source and
to minimize light spillage and glare to the adjacent properties. Prior
to issuance of any building permit, the applicant shall provide to
. the Planning Department, in conjunction with the lighting system
plan, light fixture product types and technical specifications,
including photometric information to determine the extent of light
spillage or glare which can be anticipated. This information shall
be made a part of the building set of plans for issuance of the
building permit. Prior to issuance of the certificate of occupancy or
final of building permits, the applicant shall schedule an evening
inspection by the Code Enforcement Division to confirm control of
light and glare specified by this condition of approval.
That alcoholic beverage service shall be prohibited in the outdoor
dining areas, until the approvals of the Police Department and the
State Department of Alcoholic Beverage Control are first obtained.
Any substantial physical changes required (as determined by the
Planning Department) to accommodate alcoholic beverage
service shall be subject to the approval of an amendment to this
Outdoor Dining Permit.
8. That the area outside of the food establishment, including the
public sidewalks and the Bay, shall be maintained in a clean and
orderly manner; and may be subject to providing periodic steam
cleaning of the public sidewalks as required by the Public Works
Department.
9. That all applicable conditions of approval of Use Permit No. 621
• and 651 and subsequent amendments shall remain in force. Use
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Permit No. 651 approved the introduction of alcoholic beverage
service within the existing restaurant only.
10. That the noise generated by the outdoor dining activity 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 depicted below for the specified time periods:
Between the hours of
Between the hours of
7:00 a.m. and 10:00 p.m.
interior exterior
interior exterior
Measured at the property line of
commercially zoned property: N/A 65
dBA N/A 60 dBA
Measured at the property line of
residentially zoned property: N/A 60 dBA
NIA 50 dBA
• Residential property: 45 dBA 55 dBA
40 dBA 50 dBA
H. That the applicant shall retain a qualified engineer, selection
approved by the Planning Director, specializing in
noise /acoustics to monitor the sound generated by the outdoor
dining activity to insure compliance with these conditions, if
required by the Planning Director.
12. That no amplified music or entertainment is permitted in the
outdoor dining area. That no outside paging system, loudspeaker
or other noise generating device shall be utilized in conjunction
with this outdoor dining area.
13. That all doors and windows leading to the outdoor dining area and
the vestibule shall remain closed while any approved indoor
amplified music /sound or live entertainment is being performed.
That the easterly exit door leading out to the outdoor dining area
shall be eliminated. Additionally, an exit vestibule adjacent to the
westerly access door leading out to the outdoor dining area shall
be provided as shown on the revised floor plan.
14. That should problems arise with regard to noise associated with the
outdoor dining areas, the Planning Department shall require the
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removal of all or a portion of the outdoor dining area seating in the
areas which contribute to the noise problems or complaints.
15. That the proprietor shall actively control any noise generated by
the patrons of the facility.
16. That the operator of the food service use shall be responsible for
the clean -up of all on -site and off -site trash, garbage and litter
generated by the use.
17. That trash receptacles for patrons shall be conveniently located
outside of the related food service facility to serve the accessory
outdoor dining area or the area shall be actively bused to
minimize the potential for trash to fall into the Bay or elsewhere
on the subject property.
18. That roof coverings shall not have the effect of creating a
permanent enclosure. The use of umbrellas for shade purposes
shall be permitted. The use of any other type of overhead covering
shall be subject to review and approval by the Planning Director
and may require an amendment to this permit, an amendment to
• Use Permit No. 621, 651 or the filing of a new use permit
application.
19. That this approval shall be subject to review by the Planning
Department after the second week in July 1998 to determine
compliance with the conditions of approval and to determine the
effectiveness of the conditions of approval to prevent noise
problems. However, if the outdoor dining area has not been
implemented and operational for at least 60 days prior to July 15,
1998, the Planning Department shall review the use a minimum of
sixty days after implementation.
20. That the Planning Director may add to or modify conditions of
approval to this outdoor dining permit, upon a finding of failure to
comply with conditions set forth in Chapter 20.82 of the Municipal
Code or other applicable conditions and regulations goveming
this approval. The Planning Director may also revoke this permit
upon a determination that the operation which is the subject of
this approval causes injury, or is detrimental to the health, safety,
peace, morals, comfort and general welfare of persons residing or
working in the neighborhood or injurious to property or
improvements in the area.
21. That this approval shall expire unless exercised within 24 months
from the end of the appeal period as specified in Section 20.91.050
• of the Newport Beach Municipal Code.
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SUBJECT: The Four Seasons Hotel
applicant)
690 Newport Center Drive
• GPA 97 -3 (D), with
Negative Declaration
• Use Permit No. 3631
• Modification No. 4721
• Traffic Study 114
(The
the acceptance of a
Request to allow the construction of a 142,500 sq. ft. addition to an existing
hotel. The project involves the approval of a General Plan Amendment, a
Traffic and Parking Study, a Use Permit and a Modification. The General
Plan Amendment is required to increase the total maximum hotel room
limit designated in Block 600 of Newport Center. The current limit is 325
hotel rooms which will be increased to 425 rooms. A use permit is required
for the expansion of the hotel and its ancillary uses. A modification is
required for the approval of an exterior wall sign which exceeds the
allowable area permitted for wall signs in the APF District. The 142,500 sq.
ft. addition includes:
• a 102 -room, sixteen story tower addition;
• a 9,200 sq. ft. ballroom (600 seats);
• • six meeting rooms totaling 3,800 sq. ft.;
• reconfiguration (demolition of existing tennis courts and a
portion of the existing health club) and expansion of the
existing health club /spa facilities (including masseuse services)
and;
• a wedding garden and pool facilityfor outdoor functions.
Ms. Temple noted by way of reference, a memorandum from the Planning
Department with an attached table is intended to be substituted for the
table on handwritten page 127 of the staff report. An older version of this
table was inadvertently included in the packet for copy to the Planning
Commission. Additionally, the applicant has requested and staff concurs
with the modification of Use Permit No. 3631 Condition 5 to add,...Except
short term construction or delivery activities approved through an
Encroachment Permit.
Chairperson Kranzley and all Commissioners noted for the record that they
had met with the applicant and received personal presentations of the
project.
Commissioner Gifford noted that during that process, she had received an
additional booklet that has a lot of data and asked if this should become
part of the record.
Ms. Clauson answered that if it is additional data that is not in the staff
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UP No. 3631
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TS 114
Recommended for
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City of Newport Beach
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report, then it should be.
Commissioner Adams pointed out that in one of the tables where it
discusses the number of rooms, there should be an asterisk to explain that
the number of rooms is not the number of keys.
Ms. Temple noted that this issue was a source of confusion by members of
the public as well commissioners. She explained that when staff analyzes
hotels, the maximum potential utilization is analyzed and the concept of
key or lock off nodules is used. In hotels, rooms are quite often assembled
and disassembled in to various uses and activities such as suites and
meeting rooms. The entitlement being requested in the General Plan
Amendment and the Use Permit is numbered and assigned based on the
optimal utilization of these facilities based on the smallest increment use or
the greatest number of rooms potential. The existing hotel has
authorization for 325 rooms, they actually use only 285. Were they to
optimize the physical plant to individual rooms, they could have a far
greater number. The request for an additional 100 rooms is the General
Plan entitlement in the optimal utilization, the new tower is 102 rooms. This
approach is used to make sure that the worst case is assessed for traffic
purposes and for the analysis of all the relative impacts of the proposed
• project.
Ms. Clauson, having been handed the additional pamphlet referenced
by Commissioner Gifford stated that it appears to contain the same
exhibits that are on the board.
Public Comment was opened.
Carol Hoffman of The Irvine Company stated that their entire team was
present to speak to this issue if needed. They have attempted to present
a comprehensive packet of material for consideration and appreciate
time taken for review. At Commission inquiry, Ms. Hoffman noted that the
employees park in structures in Block 600 if they do not come by public
transportation.
Bernie Rome, President of Big Canyon Community Association spoke on
behalf of this application noting that the applicant gave a briefing to the
affected residents that live across San Joaquin Hills Road. He commented
that approximately 75% of the cars egressing from the complex will be
going north, either on MacArthur or Jamboree. He asked that the green lit
sign indicating San Joaquin Hills Road be replaced. This would alleviate
the cars that inadvertently come into Big Canyon having to turn around,
since this is a private community. Continuing, he noted that in reality,
there should be a 'Not a Through Street', to make it clear to drivers that
there should be either a right or left turn on to San Joaquin Hills Rd.
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Barry Eaton, 727 Ellis Street, Eastbluff spoke in favor of this application
stating that this project is not overloading traffic in any intersection plus
noting the positive economic viability of the project.
Public Comment was closed.
Motion was made by Commissioner Ridgeway to recommend to the City
Council approval of:
• GPA 97 -3 (D), with the acceptance of a Negative Declaration
• Use Permit No. 3631
• Modification No. 4721
• Traffic Study 114
and include a recommendation to staff to add a "Not a Through Street'
sign as a possibility to be located on San Joaquin Hills Road.
Without objection and by show of hands, Motion Carried.
Ayes: Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams, Ashley
Noes: None
Absent:
• A. General Plan Amendment No. 97 -3 (DI: Adopt Resolution No. 1467
(Attached) recommending to the City Council the adoption of
General Plan Amendment No. 97 -3(D).
Environmental Document:
Findings:
1. An Initial Study and Mitigated Negative Declaration have been
prepared in compliance with the Environmental Quality Act
(CEQA), the State CEQA Guidelines, and Council Policy K -3.
2. On the basis of the analysis set forth in the Initial Study and
Mitigated Negative Declaration, including the mitigation measures
listed, the proposed project does not have the potential to
significantly degrade the quality of the environment.
3. There are no long -term environmental goals that would be
compromised by the project
4. No cumulative impacts are anticipated in connection with this or
other projects.
S. There are no known substantial adverse affects on human beings
that would be caused by the proposed project.
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6. The contents of the environmental document have been
considered in the various decisions on this project.
Mitiaation Measures:
1. Prior to commencing grading activities, the applicant shall consult
with the City of Irvine and City of Newport Beach regarding the
exportation of earthwork to a disposal site located in Irvine. The
applicant shall consult with the City of Irvine so that a mutually
acceptable agreement is developed regarding the haul route
and truck hauling operations. Evidence of said agreement shall
be submitted to the City of Newport Beach prior to commencing
site grading activities.
2. During construction activities, the project will comply with the
erosion and siltation control measures of the City's grading
ordinance and all applicable local and State building codes and
seismic design guidelines, including the City Excavation and
Grading Code (NBMC Section 15.04 or applicable sections).
• 3. Prior to the issuance of a grading permit, the applicant shall submit
a comprehensive geotechnical investigation to the Planning and
Building Departmentfor review and approval.
4. The project shall conform to the requirements of the National
Pollution Discharge Elimination System (NPDES) and shall be subject
to the approval of the Public Works Department to determine
compliance.
5. The project design shall include adequate hood equipment with
smoke and odor control capabilities to serve the facility.
Additionally, the hood system shall include a charcoal filtering
system for the control of odors and a grease collection system for
the capture /removal of grease accumulation. The hood system
shall be subject to review and approval by the Building
Department and the Planning Director.
6. During construction activities, the applicant shall ensure that the
following measures are complied with to reduce short-term
(construction) air quality impacts associated with the project: a)
controlling fugitive dust by regular watering, or other dust palliative
measures to meet South Coast Air Quality Management District
(SCAQMD) Rule 403; b) maintaining equipment engines in proper
tune; and c) phasing and scheduling construction activities to
minimize project - related emissions.
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7. During construction activities, the applicant shall ensure that the
project will comply with SCAQMD Rule 402, to reduce nuisance
due to odors from construction activities
8. The applicant shall ensure that the project will comply with the
provisions of the City of Newport Beach General Plan Noise
Element and the Municipal Code pertaining to noise restrictions.
During construction activities, the hours of construction and
excavation work are allowed from 7:00 a.m. to 6:30 p.m. on
weekdays and 8:00 a.m. to 6:00 p.m. on Saturdays, and not at any
time on Sundays and holidays.
9. Prior to the commencement of grading activities, the applicant
shall coordinate with utility and service organizations regarding
any construction activities to ensure existing facilities are protected
and any necessary expansion or relocation of facilities are
planned and scheduled in consultation with the appropriate
public agencies.
10. The project shall be designed to eliminate light and glare onto
adjacent properties or uses. The plans shall be prepared and
• signed by a licensed Electrical Engineer acceptable to the City.
Prior to the issuance of any building permit the applicant shall
provide to the Planning Department, in conjunction with the
lighting system plan, lighting fixture product types and technical
specifications, including photometric information, to determine the
extent of light spillage or glare which can be anticipated. This
information shall be made a part of the building set of plans for
issuance of the building permit. That prior to issuance of the
certificate of occupancy or final of building permits, the applicant
shall schedule an evening inspection by the Code Enforcement
Division to confirm control of light and glare specified by this
condition of approval.
H. Prior to issuance of a grading permit, the applicant shall
demonstrate to the Planning Department that the project will
comply with Council Policies regarding archaeological and
paleontological resource investigation, surveillance and recovery.
12. A qualified archeologist shall be present during grading activities
to inspect the underlying soil for cultural resources. If significant
cultural resources are uncovered, the archeologist shall have the
authority to stop or temporarily divert construction activities for a
period of 48 hours to assess the significance of the find.
• C. Use Permit No. 3631
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• Planning Commission Minutes
June 4, 1998
Findings:
The Land Use Element of the General Plan designate the site for
"Administrative, Professional & Financial Commercial" uses and a
hotel is a permitted use within this designation.
2. That the proposed development will not have any significant
environmental impact, based on information presented and
incorporated into the Negative Declaration.
3. That the design of the proposed improvements will not conflict with
any easements acquired by the public at large for access through
or use of property within the proposed development.
4. That public improvements may be required of a developer per
Section 20.91.040 of the Municipal Code.
5. That approval of Use Permit No. 3631 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 further that the proposed modification
related to the proposed signing is consistent with the legislative
intent of Title 20 of this Code for the following reasons:
• The hotel use is compatible with the surrounding
professional office and retail commercial uses in the area
since hotel uses are typically a support use.
• The addition is an extension of the existing hotel operation
which is compatible with the character of the
neighborhood since the surrounding buildings are mid and
high -rise structures consisting of office and retail uses.
• The project will not result in a significant effect on the
environment.
• The proposed development fully conforms to the
established development standards of Chapter 20 of the
Municipal Code.
• There is adequate parking available for the addition.
• There are no significant aesthetic impacts.
Conditions:
1. That development shall be in substantial conformance with the
• approved site plan, floor plan and elevations, except as noted
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City of Newport Beach
• Planning Commission Minutes
June 4, 1998
below.
2. Intersections of private drive at Center Drive shall be designed to
provide sight distance for a speed of 30 miles per hour. Slopes,
landscape, walls and other obstruction shall be considered in the
sight distance requirements. Landscaping within the sight line
shall not exceed twenty -four inches in height.
3. The existing crosswalk connecting the 630 Newport Center Drive
parking structure to the sidewalk adjacent to the project shall be
maintained unless otherwise approved by the City Traffic
Engineer.
4. Asphalt or concrete access roads shall be provided to all public
utilities, vaults, manholes, and junction structure locations, with
width to be approved by the Public Works Department.
5. Disruption caused by construction work along roadways and by
movement of construction vehicles shall be minimized by proper
use of traffic control equipment and flagmen. Traffic control and
transportation of equipment and materials shall be conducted in
• accordance with state and local requirements. A traffic control
plan shall be reviewed and approved by the Public Works
Department. There shall be no construction storage or delivery of
materials within the Newport Center Drive right -of -way, except
short term construction or delivery activities approved through an
EncroachmentPermif.
6. That a valet operations plan shall be reviewed and approved by
the City Traffic Engineer.
4. That all trash areas shall be screened from adjoining properties and
streets.
5. The approval of Use Permit No. 3631 is subject to final City Council
approval of GPA 97 -3 (D).
6. 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.
7. 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.
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Standard Requirements:
That the project shall comply with State Disabled Access
requirements.
2. That all improvements be constructed as required by Ordinance
and the Public Works Department.
3. Arrangements shall be made with the Public Works Department
in order to guarantee satisfactory completion of any required
public improvements, if it is desired to obtain a grading or
building permit prior to completion of the public improvements.
4. Public easements and utilities crossing the site shall be shown of
the grading and building site plans.
5. Prior to issuance of any grading or building permits for the site,
the applicant shall demonstrate to the satisfaction of the Public
Works Department and the Planning Department that adequate
• sewer facilities will be available for the project. Such
demonstration shall include verification from the Orange County
Sanitation District and the City's Utilities Department.
6. Any Edison transformer serving the site shall be located outside
the sight distance planes as described in City Standard 1 14L.
That the on -site parking, vehicular circulation and pedestrian
circulation systems be subject to further review by the City Traffic
Engineer
D. Modification No. 4721
Findings:
That the Land Use Element of the General Plan designates the site
as APF and the proposed wall sign is consistent with this
designation and is ancillary to the primary permitted use.
The modification to the Zoning Code, as proposed will not be
detrimental to persons, property or improvements in the
neighborhood for the following reasons:
• The proposed wall sign will not obstruct view from
• adjoining properties since it is a flush mounted wall sign.
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June 4, 1998
The internally illuminated sign will be located on the
uppermost portion of the building, and will not emit glare
or light spillage onto other properties.
3. The modification to the Zoning Code as proposed is consistentwith
the legislative intent of Title 20 of the Municipal Code for the
following reasons:
• The size of the wall sign is of a scale consistentwith the size
of the proposed tower structure.
• The wall sign does not comprise more than 40% of the
exposed finished wall surface area, including openings of
the elevation on which it is to be located.
Conditions:
1. The sign development shall be in substantial conformancewith the
approved site plan, floor plan and elevation, except as noted
below.
• 2. The wall sign (including logo) shall not exceed a total combined
area of 306 sq. ft. when a rectangle is drawn around the sign and
logo.
3. All other signage shall conform to the Zoning Code requirements
unless otherwise approved by the Modification Committee or
Planning Commission.
4. The illuminated wall sign shall not blink or flash or contain any type
of animation.
5. The approval of this Modification shall be subject to final City
Council approval of GPA 97 -3(D).
6. This Modification shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.93.055A of the
Newport Beach Municipal Code.
E. Traffic Study 114
Findings:
. 1. That a Traffic Study has been prepared which analyzes the impact
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City of Newport Beach
Planning Commission Minutes
June 4, 1998
of the proposed project on the peak -hour traffic and circulation
system in accordance with Chapter 15.40 of the Newport Beach
Municipal Code and City Policy K -3.
2. That the Traffic Study has been reviewed by the City Traffic
Engineer and found in compliance with the Traffic Phasing
Ordinance.
3. That the Traffic Study indicates that the project - generated traffic
will neither cause nor make worse an unsatisfactory level of traffic
on any 'major,' 'primary- modified; or 'primary' street at any of the
ten intersections selected for evaluation by City staff and based on
the characteristics of the proposed development.
4. That the Traffic Study indicates that the project - generated traffic
will not be greater than one percent of the existing traffic during
the 2.5 hour peak period on eight of the ten study intersections
and that the ICU analysis for two of the ten intersections indicates
an acceptable ICU value of less than 0.90.
+, SUBJECT: Minor Amendments to the Zoning Code
• A 874
A resolution of intent to revise Title 20 of the Municipal Code to make
several minor revisions to the Zoning Code. These revisions relate to the
definition of terms, land use classifications, land use regulations,
nonconforming structures, the regulation of signs, public notification
requirements, appeal and call for review procedures, and the removal
of obsolete, redundant, and conflicting language.
Ms. Temple noted that this is an initiation of an amendment, the action is
neither recommending approval nor holding a public hearing. Staff
requests that Commission identify any issues, problems or concerns of this
extensive list. A supplemental staff report was distributed addressing
building bulk.
Chairperson Kranzley suggested that Commission address this agenda
item like the consent calendar. If there are items that Commission wishes
to pull off they can be discussed, otherwise, move the whole report
forwardl.
Deliberation continued on this item with the outcome of an initiation to be
recommended with explanation relating to the definition of terms, land
• use classifications, land use regulations, nonconforming structures, the
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Item No. 3
Intent to Amend the
Zoning Code - A874
Approved
City of Newport Beach
Planning Commission Minutes
June 4, 1998
regulation of signs, public notification requirements, appeal and call for
review procedures, and the removal of obsolete, redundant, and
conflicting language in greaterdepth of each amendment.
Comments include:
# 1 - change wording to .....:'two or more of the following items,....:'
#7 - include reference to no sales on sidewalk
#9 - no sunset provision on nonconforming buildings (explain better)
#I 1 - structures on bluff side, add private property street landscape
heights as an issue
#19 - notice requirement that excludes water ways is good for a
commercial application, but not residential application; 300 or 500 feet
#25 - should read 300 feet not 100 feet?
#30 - 'calls for review', opposed to this re -write in that it defeats a major
purpose of the working of the Planning Commission (alternative Council
referral)
#31 - prefer old method of 4 people calling up items both for City Council
and Planning Commission- difficulty of timing issues
Public comment was opened.
. Barry Eaton, 727 Ellis Street - commented about #11 - definition of food
preparation. to enhance code enforcement recommend change
wording to ......any two or more of the following items,....
Public comment was closed
Motion was made by Commissioner Ridgeway for a Resolution of Intent
to revise Title 20 of the Municipal Code to make minor changes by the
Planning Commission and set public hearing for June 18, 1998.
Without objection and by show of hands, Motion Carried.
Ayes: Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams, Ashley
Noes: None
Absent: None
SUBJECT: General Plan Amendment 98 -2
• Block 800 -Newport Center (Pacific Plaza)
• Development Policy G (time shares)
Ms. Temple noted the supplemental staff report on time shares. Staff
noted that the land use policy in regard to time shares was inconsistent
with recent amendments to the Municipal Code.
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Item 4
GPA 98 -2
Approved to
Initiate
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Planning Commission Minutes
June 4, 1998
Public comment was opened.
Dan Heinfelt, LTA Architects for the Pacific Plaza spoke in support of this
application and asked that the amendment be initiated. At commission
inquiry, he explained the parking structure runs parallel with the property
line shown behind the circular building.
Public comment was closed.
Discussion ensued on the reasons for these two items being considered as
amendments, the history, the language and future consideration timing.
Motion was made by Commissioner Gifford to initiate an Amendment to
the Newport Beach General Plan 98 -2, Items A and B and set for hearing
on June 22, 1998.
Without objection and by show of hands, Motion Carried.
Ayes: Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams, Ashley
Noes: None
Absent: None
ADDITIONAL BUSINESS
a.) City Council Follow -up - Oral report by the Assistant City Manager
regarding City Council actions related to planning - Mrs. Wood
reported that at the last Council meeting the Alcoholic Beverage
Ordinance was introduced and passed to second reading; and
the approval of 738 Tustin Avenue Tract Map was called up and
approved with additional landscape conditions.
b.) Oral report from Planning Commission's representative to the
Economic Development Committee- none.
CJ Matters which a Planning Commissioner would like staff to report
on at a subsequent meeting - Chairperson Kranzley asked for a
presentation by the acoustical engineering firm, Wieland
Associates and that a copy of their report be transmitted to
members of the Commission.
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 Adams asked to
be excused 6/18/98.
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Additional
Business
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
ADJOURNMENT: 8:4 S p.m.
THOMAS ASHLEY, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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