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HomeMy WebLinkAbout06/20/1991REGULAR PLANNING COMMISSION MEETING COMMISSIONERS MINUTES PLACE: City Council Chambers TIME: 7:30 P.M. DATE: June 20, 1991 CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX All Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x % % William R. Laycock, Current Planning Manager Patricia Temple, Advance Planning Manager Don Webb, City Engineer Dee Edwards, Secretary x x x Minutes of June 6. 1991: Minutes of Motion * Motion was made and voted on to approve the June 6, 1991, 6 -691 All Ayes Planning Commission Minutes. MOTION CARRIED. % % k Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. x x x Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, June 14, 1991, in front of City Hall. COMMISSIONERS CITY OF NEWPORT BEACH June 20, 1991 MINUTES. ROLL CALL INDEX Request for Continuances: Request for James Hewicker, Planning Director, stated that the applicant, Lloyd continuance Rasner, has requested that Item No. 3, Use Permit No. 3420 and Resubdivision No. 957 regarding the conversion of an existing legal, nonconforming duplex into a two unit residential project, located at 208 -210 Carnation Avenue, be continued to the Planning Commission meeting of July 18, 1991. He also stated that the applicant, Dale Cexton Architect and Associates, has requested that Item No. 4, Variance No. 1176 regarding additions and alterations to an existing single family dwelling located at 842 Harbor Island Drive, be continued to the July 18, 1991, Planning Commission meeting. Motion Motion was made and voted on to continue Items No. 3 and 4 to All Ayes the July 18, 1991, Planning Commission meeting. MOTION CARRIED. • : :. Exception Permit No. 4�Discussion) Item No.l Request to permit the replacement of an existing freestanding entry 1 41 sign for Cano's Restaurant located in the "Recreational and Marine cont' d to Commercial" area of the Mariner's Mile Specific Plan Area, The 7_18 -91 proposed sign will be a second freestanding identification sign which will also include a marquis for identifying live entertainment, and an entry sign. LOCATION: A portion of Lot H, Tract No. 919, located at 2241 West Coast Highway, on the southwesterly side of West Coast Highway, between Tustin Avenue and Dover Drive, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: John Howenstine, Inc., Costa Mesa OWNER: Larry Cano, Newport Beach • -2- COMMISSIONERS � o.o CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX James Hewicker, Planning Director, stated that the City has a desire to keep the number of signs on a property to a minimum by combining information on one sign. Don Webb, City Engineer, addressed Finding No. 7 and Condition No. 3 as discussed in the staff report, and he recommended that if the Planning Commission approved the application, a 9 foot setback be required for the proposed sign, and an existing sign. Mr. Webb stated that Signs "A" and "B" are directly behind the sidewalk and block the visibility of a vehicle or pedestrian from the view of a driver attempting to exit the driveways. Mr. Webb explained that the condition requests that the signs be moved back 9 feet, or constructed to allow visibility through the bottom part of the signs. In response to a question posed by Commissioner Glover, Mr. Webb explained that the applicant intends to change only the face of one sign. Commissioner Glover expressed her concern that signs • may not be visible to the public if they are located 9 feet back from the sidewalk. Mr. Hewicker suggested that it may be possible that two signs could be altered to contain the information if they were moved without going to a three sign configuration. Chairman Debay stated that the Municipal Code states that only one free standing sign is permitted on a building site. In response to a question posed by Chairman Debay, Mr. Webb explained that proposed Sign "C" does not affect the visibility of vehicles. Mr. Webb further requested that the landscaping be trimmed so as to improve the sight distance at the driveways. Mr. Rene' Fuentes, 148 Baywood Drive, appeared before the Planning Commission, and he requested that Exception Permit No. 41 be continued so as to review staffs recommendations. Motion 31 Motion was made and voted on to continue Exception Permit No. All Ayes 41 to the July 18, 1991, Planning Commission meeting. MOTION CARRIED. • • i i -3- COMMISSIONERS CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX Resubdivision No. 959 (Public Hearing) item No .2 Request to resubdivide an existing parcel of land into two parcels 8959 for professional and business office purposes, on property located in Professional and Business Offices Site 5 of the Newport Place Ap2roved Planned Community. LOCATION: Parcel 1 of Parcel Map No. 88 -174 ( Resubdivision No. 866), located at 4100 - 4106 Newport Place Drive, on the northeasterly comer of Dove Street and Newport Place Drive, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Newport Place Development Corp., Irvine OWNER: Same as applicant ENGINEER: Walden and Associates, Irvine The public hearing was opened in connection with this item, and Mr. H. Peter Tietz appeared before the Planning Commission on behalf of the applicant. Mr. Tietz concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x - Motion was made and voted on to approve Resubdivision No. 959 All Ayes subject to the findings and conditions in Exhibit "A'. MOTION CARRIED. FINDINGS: 1. That the design of the subdivision and the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. -4- COMMISSIONERS CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded. The parcel map be prepared so that the bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. 2. That easements for existing fire services on MacArthur Boulevard and on Dove Street be dedicated to the City and that all easements be shown on the parcel map. • 3. That a recorded reciprocal easement be provided for ingress, egress and parking for the mutual benefit of Parcels No. 1 and No. 2 within this subdivision. 4. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission, Y A Use Permit No 3420 (Continued Public Hearine) item No.3 Request to permit the conversion of an existing legal, UP3420 nonconforming duplex which exceeds the height allowed in the 24/28 Height Limitation Zone and which exceeds 1.5 times the R957 buildable area of the site, into a two unit residential condominium Cont ' d to project on property located in the R -2 District. 7 -16 -91 AND -5- COMMISSIONERS � o.o o� o�.r F 0 ���� �� � CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX B. Resubdivision No. 957 (Continued Public Hearing) Request to resubdivide an existing lot and portion of a second lot into a single parcel for residential condominium purposes on property located in the R -2 District. LOCATION: Lot 10 and the southerly 15 feet of Lot 12, Block 131, Corona del Mar, located at 208- 210 Carnation Avenue, on the southeasterly side of Carnation Avenue between Seaview Avenue and Ocean Boulevard, in Corona del Mar. ZONE: R -2 APPLICANT: Lloyd Rasner, Corona del Mar • OWNER: Same as applicant James Hewicker, Planning Director, stated that the applicant requested that this item be continued to the Planning Commission meeting of July 18, 1991. Motion x Motion was made and voted on to continue Use Permit No. 3420 All Ayes and Resubdivision No. 957 to the July 18, 1991, Planning Commission meeting. MOTION CARRIED. Variance No. 11 (Continued Public H Item Mo.4 Request to permit additions and alterations to an existing single V1176 family dwelling on property located in the R -1 District. Portions of the proposed construction, consisting of parapet walls and finials, cont ' d to and a turret, will exceed the permitted height limit in the 24/28 -19 -91 oot Height Limitation Zone. CATION: Lot 1, Tract No. 3867, located at 842 Harbor Island Drive, on the northerly side of Harbor Island Drive, at the easterly terminus of Harbor Island Drive, adjacent to the Channel entrance to Promontory Bay. -6- COMMISSIONERS CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX ZONE;: R -1 APPLICANT: Dale Cexton Architect and Associates, Orange OWNER: Dan Tsujioka, Newport Beach James Hewicker, Planning Director, stated that inasmuch as the plans are not scheduled for review by the Promontory Bay Community Association until June 20, 1991, the applicant has requested that the application be continued to the Planning Commission meeting of July 18, 1991, so as to allow more time for the review by said Association. Motion x Motion was made and voted on to continue Variance No. 1176 to All. Ayes the July 18, 1991, Planning Commission meeting. MOTION CARRIED. • Hearing) Amendment No. 736 (Continued Public Item No.5 Request to consider amendments to Title 15 and Title 20 of the A736 Newport Beach Municipal Code so as to revise noise level Removed standards for mechanical equipment in residential areas. from Calendar INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, distributed a list of additional provisions regarding nonconforming equipment to the Planning Commission. He recognized the Commission's review of the noise standards relating to air conditioning equipment during the May 9, 1991, Planning Commission meeting. Mr. Hewicker explained that he existing standards of 55dBA at the property line for air conditioning equipment on small lots cannot be met; therefore, changes are necessary so as to provide enforceable requirements. e proposed regulations make it difficult to allow air conditioning quipment in side yards, particularly in small residential lots, and consideration should be made by the property owners to install equipment in rear yards, the roofs of residential structures, or in utility areas where the noise can be controlled and not burden the • adjoining neighbors. -7- COMMISSIONERS i CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX Commissioner Pomeroy addressed the cost of a structure to house mechanical equipment to attenuate the noise level to the proposed standards. Patty Temple, Advance Planning Manager, explained that the noise consultant advised that the structure could cost several hundred dollars, depending upon the equipment, the level of sound attenuation, and the types of materials used. Commissioner Pomeroy expressed his concern regarding the additional expense to construct a structure to house the air conditioning equipment. Mr. Hewicker explained that the City is requesting that housing be provided to attenuate mechanical equipment, or the standards need to be modified similar to other Cities throughout the County, because of the size of the lots and the desire to install the equipment in the side yards. Commissioner Merrill stated that there has been a noise reduction in air conditioning equipment in recent years, and he objected to the City mandate. • Commissioner Edwards addressed Section 20.10.045 A in the staff report and be suggested the Section be amended to state "All mechanical equipment be installed to attenuate the noise level to the proposed standards ". He explained that restrictions for enclosing equipment should not be placed on the property owner in all cases. Mr. Hewicker explained that mechanical equipment would not be required in a structure if the equipment were designed to meet the standards. Ms. Temple indicated that the language could be modified to request that the equipment comply with the standard and if the equipment does not meet the requirements, then the equipment must be enclosed. In response to concerns expressed by Commissioner Pomeroy regarding the cost and installation of a structure to enclose mechanical equipment, Mr. Hewicker stated that the Zoning Code currently addresses ambient noise levels that are higher than the standards, and the property owner is not required to sound attenuate the equipment below the ambient noise levels, i.e. property owners residing adjacent to the surf or busy thoroughfares. He indicated that similar language could be added that would address the aforementioned concerns. • Commissioner Edwards addressed the foregoing Section,.and he suggested "All mechanical equipment installed within ten (10) feet -8- COMMISSIONERS � o �O CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX of a side or rear property line .....shall be installed and constructed in such a manner as to achieve the noise level standards established by this Section. ", which would delete the housing requirement. Commissioner Glover stated that she has a concern that the City is continuously restricting the property owners' yards and houses; that the proposed noise standard would be an additional cost to the homeowner; and the City would be required to administer the proposed regulation. Chairman Debay stated that the City is currently in the process of updating the Noise Element, and she suggested that the proposed noise standard be continued to allow staff additional time to address the aforementioned concerns posed by the Planning Commission. Commissioner Edwards addressed Section 20.10.045 and he suggested that the Section be amended to state: "All mechanical equipment installed within ten (10) feet of a side or rear property line (unless said property line is adjacent to a street or an alley) shall be installed and constructed in such a manner as to achieve the noise level standards established by this Section. ", and omit "shall be housed in a sound attenuation structure designed ", and "The design and construction of the structure shall be certified by an acoustical engineer prior to installation." He explained that the foregoing amended Section would establish a noise standard, it would give the property owner some maneuverability to.comply with the noise standard, it removes the housing requirement, and removes the certification by an acoustical engineer. Mr. Hewicker responded to the foregoing suggestion, and the Planning Department's responsibility to administer the noise standard. He explained that if a property owner is required to install mechanical equipment to meet specific standards, then it is necessary to provide a method to be certain that the required standards have been met. Mr. Hewicker stated that if the noise standards are not complied witb, the adjacent neighbor would ultimately suffer and would be the party responsible to contact either the Police Department or the Planning Department to be • certain that the equipment met the City's requirements. In response to a question posed by Chairman Debay, Mr. Hewicker -9- COMMISSIONERS CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX replied that Code Enforcement has received complaints regarding mechanical equipment noise. In response to a question posed by Commissioner Pomeroy regarding the installation of a window mount air conditioner in a side yard, Mr. Hewicker replied that the proposed side yard requirement would apply wherein Commissioner Pomeroy responded that an older structure would be required to install a central air conditioning system. Commissioner Merrill stated that often CC &R noise regulations with respect to air conditioners, heaters, saunas, pumps, etc., require that the noise be sound attenuated so it will not be heard from the street or on the adjacent property. He suggested that the noise standards regulate a specific noise level only at the property line, and the enforcement either be conducted by compliance or complaint. •ion x Motion was made to continue Amendment No. 736 to the July 18, 1991, Planning Commission meeting. Commissioner Pomeroy concurred that to stop the noise at the property line by any method is an appropriate solution that can feasibly be used without setting forth an element that would be expensive and perhaps unnecessary in many cases. Ms. Temple stated that the proposed noise level standards is an interim change inasmuch as the City is in the process of rewriting the Noise Element, and subsequently a comprehensive Noise Ordinance will address noise concerns beyond the noise relating to echanical equipment. Substitute Substitute motion was made and voted on to remove Amendment Motion x No. 736 from calendar to allow staff additional time to address the All Ayes Planning Commission's suggestions. MOTION CARRIED. a s a A. Traffic Study No. 74 Public in . Request to approve a traffic study so as to permit the conversion of an existing office building into a medical office use. -10- COMMISSIONERS CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX AND B. Use Permit No. 3417 (Public Hearing) Item Mo.6 Request to permit the establishment of a medical office use in an T574 . existing office building on property located in the M -1 -A District. UP3417 LOCATION: Lot 12, Tract No. 5169, located at 4501 Birch Approved Street, on the northwesterly side of Birch Street, between Dove Street and MacArthur Boulevard, across from the Newport Sheraton Hotel. ZONE: M -1 -A APPLICANT: Sola Development Inc., Long Beach • OWNER: Gerald J. Chazan, Glendale Commissioner Merrill stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item, and Mr. Michael Lyon appeared before the Planning Commission on behalf of the applicant. Mr. Lyon concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion, x Motion was made and voted on to approve Traffic Study No. 74 Ayes * and Use. Permit No. 3417 subject to the findings and conditions in Absent Exhibit "A ". MOTION CARRIED. A. Traffic Study No. 74 Findingsg 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S -1. -11- COMMISSIONERS � o 0 • '\ � CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL J I Jill INDEX 2. 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. B. Use Permit No. 3417 Findings: 1. That the proposed application is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That adequate parking exists on -site for the proposed change in use. 3. That the change in the permitted use to allow medical and dental offices will not have any significant environmental impact. 4. 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. 5. That public improvements may be required of the developer in accordance with Section 20.80.060 of the Municipal Code. 6. That the approval of Use Permit No. 3417 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan. -12- COMMISSIONERS cG y db ��' � \ CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX 2. That dental and medical office uses shall be permitted. The medical uses shall be restricted to performing only minor surgical procedures, and only on an out - patient basis. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 5. That the deteriorated and displaced drive apron and gutter be reconstructed at the easterly side of the property in the Birch Street right -of -way and that the site drainage be picked up on -site and outletted through the curb using a curb drain. All work shall be completed under an • encroachment permit issued by the Public Works Department. 6. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 7. 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. Use Permit No. 3418 (Public Hearin equest to change the operational characteristics of the existing nonconforming Delaney's Restaurant which includes on -sale alcoholic beverages, located on property in the P -C District. This • proposal involves a request to establish an outdoor dining and inking area to be used during the daytime only. This proposal -13- COMMISSIONERS OA I �pcn 3� • 0 ��� O � CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX does not represent an increase in the "net public area ". of the Item No.7 restaurant inasmuch as an equal portion of the indoor bar area will not be used during the daytime operation of the restaurant. UP3418 LOCATION: Lots 11, 12, 14, 15 and portions of Lots 16 Approved and 17, Tract No. 815, located at 630 Lido Park Drive, on the northwesterly corner of Lido Park Drive and 28th Street, on the Lido Peninsula. ZONE: P -C APPLICANT: Delaney's Restaurant, Newport Beach OWNER: Levon Gugasian, Newport Beach Commissioner Pers6n stepped down from the dais because of a • potential conflict of interest with the property owner. James Hewicker, Planning Director, referred to the letter dated June 20, 1991 from the owner of The Little Inn on the Bay stating his concern regarding the subject request. Mr. Hewicker explained that Condition No. 23, Exhibit "A ", allows the Planning Commission to recall the application upon a determination that the operation is detrimental to the community. The public hearing was opened in connection with this item, and Mr. Dan Silva, 500 Newport Center Drive, appeared before the Planning Commission on behalf of the applicant. In response to a uestion posed by Chairman Debay, Mr. Silva explained that the applicant has concerns regarding the following conditions in Exhibit 'A ": Condition No. 3, requiring a survey by a licensed surveyor herein he stated that a survey is currently available, and ndition No. 12, that a minimum 8 foot wide easement erpendicular to the tidelands be provided around the proposed utdoor dining area. Robin Flory, Assistant City Attorney, stated that the existing 8 foot easement was recorded; however, she explained that in the manner the easement was drafted it would appear that the City is granting an easement to itself inasmuch as the easement perpendicular to the tidelands around the dining area • exists over the bulkhead line, and there were concerns that public access be provided along the bay. Mr. Silva indicated that the -14- COMMISSIONERS CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX applicants will provide an 11 foot area around the pierhead line. William Laycock, Current Planning Manager, stated that the 11 foot area that the applicants will provide is over public tidelands, and the 8 foot easement is within the 11 foot area. In response to comments regarding the 8 foot easement by Commissioner Pomeroy, Mr. Silva agreed that if the survey depicted a difference, the use permit could be amended, and he requested the property owner submit the survey to staff. In response to a question posed by Chairman Debay, Mr. Silva concurred with the findings and conditions in Exhibit "A" with the exception of the foregoing concerns. Chairman Debay referred to Condition No. 6, Exhibit "A" regarding the hours of operation between the hours of 9:00 a.m. to dusk daily, and she stated her concerns regarding the residential area across the street from the subject establishment. Discussion ensued regarding what time "dusk" is considered, and it was agreed to amend "dusk" to "sunset ". • Commissioner Di Sano addressed Condition No. 4, Exhibit "A ", and Mr. Silva explained that additional asphalt or another form of construction will be applied from the public walkway to the deck area that will ease the transition between the two areas. In response to a question posed by Commissioner Di Sano, Mr. Webb explained that the Public Works Department is concerned that there will not be a trip and fall hazard area. In response to a question posed by Commissioner Edwards regarding the aforementioned letter from the Little Inn by the Bay, Mr. Silva explained that the restaurant has a good working relationship with the Inn, and the proprietors of the Inn had not contacted the applicants regarding the proposed outdoor dining area. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3418 Ayes * * *subject to the findings and conditions in Exhibit "A ", modify Absent Condition No. 6, Exhibit 'W, from "dusk" to "sunset ". MOTION CARRIED. -15- COMMISSIONERS • CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL 11 fill INDEX FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use plan, and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on -site and off -site in the 28th Street End Parking Lot to accommodate the proposed facility and the other uses existing on the subject property. 4. That the waiver of the development standards as they pertain to walls, utilities, parking lot illumination, and landscaping will not be detrimental to adjoining properties given the developed characteristics of the existing facility. • Furthermore, the waiver of a portion of the offstreet parking spaces is justifiable, since the "net public area" of the restaurant facility is not being increased with the closing of a portion of the bar area during the day. 5. That the design of the proposed improvements will improve the pedestrian access and eliminate the perceived visual deterrent to public use by the elimination of a portion of the existing railing. 6. That the approval of Use Permit No. 3418 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan. • 2. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. -16- COMMISSIONERS O� �pp pin po S� A ' CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX 3. That the property be surveyed by a licensed surveyor to determine the location of the property line and location of the tidelands property in relation to the existing improvements. 4. That the transition onto the deck (pier) area of the pedestrian easement from the public right -of -way of Lido Park Drive shall be in accordance with and to the satisfaction of both the Public Works Department and the Building Department. 5. That the hours of operation of the restaurant facility shall be limited to between the hours of 9:00 a.m. and 1:00 a.m. daily, unless an amended use permit is approved by the Planning Commission. 6. That the hours of operation of the outdoor dining area shall be limited between the hours of 9:00 a.m. to sunset daily. The interior bar lounge area that is to be closed off during the day shall not be used until the outdoor dining area is closed to the public: 7. That the interior bar lounge area which is to be closed during the operation of the outdoor dining area shall cordoned off from the balance of the restaurant to the satisfaction of the Planning Department; however, seating will be allowed at the bar counter itself. That no tables or seating located outside of the subject facility, except within the designated dining area which is the subject of this application, shall be used exclusively by customers of the restaurant facility but shall remain available for use by the general public at all times. No tablecloths or table service shall be permitted on the tables outside the facility except during the hours of operation of the outdoor dining area. The outdoor dining area shall be cordoned off from the remaining portion of the deck to the satisfaction of the Planning Department. That the pedestrian walkway in front of the facility shall be • kept clean and regularly maintained. Said walkway shall be swept, vacuumed, or washed in such a manner that any -17- COMMISSIONERS CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX debris or wastewater does not enter the storm drain system or the Bay. 10. That no commercial activity shall be performed within the pedestrian walkway or within the tidelands property. 11. That the pedestrian walkway and deck area within the tidelands property shall remain clear for the ingress /egress of pedestrian traffic and that the placement of any benches or other obstructions within this area shall be subject to the approval of the Public Works Department. 12. That a minimum 8 foot wide easement perpendicular to the tidelands property be provided around the proposed outdoor dining area. 13. That Coastal Commission approval shall be obtained prior to the establishment of the outdoor dining area of the restaurant facility and prior to issuance of building permits for the tenant improvements associated with this approval. 14. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 15. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. . 16. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 17. That restaurant development standards pertaining to walls, landscaping, parking lot illumination, and a portion of the required parking shall be waived. • -18- COMMISSIONERS � � N"' + G� Ao� • CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX 18. That dancing shall not be permitted in conjunction with this restaurant unless an amendment to this use permit is first approved by the Planning Commission. 19. That all restaurant employees shall be required to park on- site at all times during the time which the restaurant is operating. 20. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. 21. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties. 22. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self- parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 23. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 24. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in .Section 20.80.090A of the Newport Beach Municipal Code. -19- COMMISSIONERS CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX Use Permit No. 3421 (Public Hearing) Item No.s Request to permit the establishment of an outdoor flower stand for UP3421 the purpose of selling fresh cut flowers on property located in the C -1 District. The proposal also includes a modification to the Approved Zoning Code so as to allow a proposed off - street parking space to encroach 10 feet into the required 10 foot rear yard setback adjacent to an alley. LOCATION: Lot 5, Block 7, Section One, Balboa Island, located at 408 South Bay Front, on the northerly side of South Bay Front, between Pearl Avenue and Agate Avenue, on Balboa Island. ZONE: C -1 APPLICANTS: Ann and Dennis Pender, Balboa Island . OWNERS: H.S. Beek, Allan Beek and Barton Beek, Balboa Island Chairman Debay acknowledged the correspondence that the Planning Commission received regarding the subject application. The public hearing was opened in connection with this item, and Ann and Dennis Pender, applicants, appeared before the Planning Commission. Mr. Pender presented a petition to the Planning Commission in support of the flower establishment. In response to a question posed by Chairman Debay, Mrs. Pender concurred with the findings and conditions in Exhibit "A ". In response to questions posed by Chairman Debay regarding public access, James Hewicker, Planning Director, replied that he was not aware of any encroachments on the public sidewalk. He explained that when the applicant requested a Business License, it was not apparent that the business was going to be .located outdoors, which would require a use permit, and it was not until after the flower stand was established that the applicant was contacted that a use permit was required. He explained that • outdoor businesses are permitted in commercial zones subject to the approval of a use permit, and existing businesses that are -20- COMMISSIONERS CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX located within a building are allowed by policy to sell merchandise outdoors without a use permit as long as the merchandise is generally merchandise that is sold indoors. Ms. Diane Schmitz, 118 Agate Avenue, owner of Ducky Luv's Flowers, appeared before the Planning Commission. Ms. Schmitz stated that Balboa Island merchants are concerned that vendors will sell merchandise and food on street comers and vacant lots in close proximity to their own businesses if the use permit is approved. She said that outdoor vendors do not have the same overhead costs as indoor establishments. Ms. Schmitz expressed her concerns regarding the competition that the proposed flower stand would have on her flower shop business. Ms. Jane Atencio, 320 -1/2 Coral Avenue, Secretary to the Balboa Island Improvement Association, appeared before the Planning Commission on behalf of the Association in support of the subject • establishment. She emphasized that the Association supported the outdoor flower stand when it was opened. Ms. Laurie Marine, owner of Laurie's Garden in West Newport, appeared before the Planning Commission in opposition to the subject business. She stated that an outdoor flower stand does not incur the same overhead expenses of an indoor establishment, and that an applicant is required to comply with all of the City s requirements before opening a business. In response to a question posed by Ms. Marine, Mr. Hewicker explained that flower carts and business cannot be conducted on City sidewalks. Ms. Kay Cooper, 546 South Bay Front and Balboa Island businesswoman, appeared before the Planning Commission in support of the proposed business. She stated that competition exists and is good business, and the flower stand is an added attraction at the bay front. Ms. Linda O`Donovan, Mission Viejo, appeared before the Planning Commission in support of the proposed flower stand. There being no others desiring to appear and be heard, the public • hearing was closed at this time. -21- COMMISSIONERS c1�0 CITY OF NEWPORT BEACH June 20, 1991 MINUTES ROLL CALL INDEX Motion x Motion was made to approve Use Permit No.3421 subject to the findings and conditions in Exhibit "A ". Commissioner Di Sano supported the motion inasmuch as it is an approved use in the C -1 District, and should be allowed to operate under the free enterprise system. He addressed the prompt response by the applicant to apply for an application after notification by the Code Enforcement Office that a use permit is required to operate an outdoor establishment. Commissioner Glover supported the motion on the basis that the flower stand would give the area outdoor vitality, and the subject establishment would enhance the area. Commissioner Pomeroy supported the motion, and he said the outdoor activity enhances the area. Chairman Debay supported the motion on the basis that the • commercial use complies with all of the City's requirements. Motion was voted on to approve Use Permit No. 3421, MOTION All Ayes CARRIED. FINDINGS* 1. That the proposed flower stand is consistent with the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 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 20.80.060 of the Municipal Code. 5. The approval of the encroachment of the parking space into • the required rear yard setback will not, under the circumstances of this case, be detrimental to the health, -22- COMMISSIONERS ROLL CALL June 20, 1991 CITY OF NEWPORT BEACH safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 6. That adequate parking has been provided for the proposed development. The approval of Use Permit No. 3421 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, except as noted below. 2. That the flower stand shall maintain a minimum setback of 4 feet from the sidewalk. 3. That one standard sized parking space shall be provided on- site for the proposed use. Said parking space shall maintain a minimum 2 foot 6 inch setback from the alley. 4. That the hours of operation shall be limited between the hours of 9:00 a.m. and 7:00 p.m. daily. 5. That all work and storage areas shall be maintained in a clean and orderly manner. 6. That all signs shall conform with the applicable portions of Chapter 20.06 of the Newport Beach Municipal Code. No signs on public property are permitted. 7. That Coastal Commission approval shall be obtained. -23- MINUTES INDEX June 20, 1991 COMMISSIONERS ` ti4 d� cq F. ��� �O' \ CITY OF NEWPORT BEACH MINUTES ROLL CALL 11 Jill I INDEX 8. That the Planning Commission may add to or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 9. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 1852 (Amended) (Public Hearing) item N0.9 Request to consider the waiver of in -lieu parking fees previously UP1852A required in conjunction with the approval of Use Permit No. 1852 Retained • which permitted the establishment of Hassan's Cafe with on -sale In -Lieu beer and wine on property located in the C -1 District. Parking Fees LOCATION: Portions of Lots 3 and 7 of Section 28, Township 6 South, Range 10 West, San Bernardino Meridian, located at 3325 Newport Boulevard, between Finley Avenue and 32nd Street, in Central Newport. ZONE: C -1 APPLICANT: Hassan's Cafe, Newport Beach OWNERS: John . P. Meyers and Maxine Meyers, Los Angeles The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public hearing was closed at this time. Robin Flory, Assistant City Attorney, stated that Mr. Hassan had been contacted by her regarding past in -lieu fees, and of the subject • public hearing. -24- June 20, 1991 COMMISSIONERS MINUTES �d�r• O,� CITY OF NEWPORT BEACH ROLL CALL III Jill INDEX Commissioner Pers6n stated that if he had been on the Planning Commission when the subject use permit was approved, he probably would not have supported the in -lieu parking fees. He determined that in -lieu parking fees are no more than a tax proposed by the City, and he said that parking problems are not solved by imposing a tax on a small restaurant located in a strip center. Commissioner Pers6n suggested a review based on the construction occurring on Newport Boulevard. He said that continued application of in -lieu fees is not going to provide the applicant with arty more than what he has received, and that is nothing. Chairman Debay stated that 423 parking spaces are attached to in- lieu fees throughout the City. She stated that the Municipal fee - owned lot that was used by Mr. Hassan no longer exists inasmuch as the parking area in front of City Hall has been removed. Discussion ensued regarding the blue- metered parking area on 32nd Street. • Commissioner Glover addressed the distance between businesses that are required to provide in -lieu fees and Municipal parking lots. She inquired if the same number of required parking spaces exist on 32nd Street that existed on Newport Boulevard. Mr. Hewicker explained that the total number of parking spaces that existed in front of City Hall on Newport Boulevard have been replaced elsewhere. Don Webb, City Engineer, explained that the 46 parking spaces have been provided by angle, on- street parking on City property and additional parking spaces will be provided in the employee parking lot based on the City's installation of a car pool program that includes City automobiles. Commissioner Di Sano determined that in -lieu parking fees are used by the City for public parking spaces in Municipal parking lots and on streets. Mr. Webb concurred. In response to a question posed by Commissioner Edwards regarding Mr. Hassan's past due in -lieu parking fees, Ms. Flory explained that the applicant was required to provide 8 parking spaces and at the time the use permit was approved, he was allowed to provide that parking by paying in -lieu fees. Mr. Hassan • could be forced to pay the in -lieu fees through a collection process or the Planning Commission could consider revocation of Use -25- June 20, 1991 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Permit No. 1852 based on the applicant not providing parking during the past three years and 1991 as agreed by Mr. Hassan. Commissioner Edwards considered to deny the request to waive the in -lieu parking fee and send the use permit back to the City Attorney's Office for revocation. Commissioner Di Sano suggested the. Planning Commission consider no action on the use permit until the City Attorney's Office makes a recommendation of revoking the application. Commissioner Pomeroy suggested that the applicant be relieved to pay the in -lieu parking fee during construction on Newport Boulevard, and collect past in -lieu parking fees in the most appropriate manner. Commissioner Di Sano disagreed with the foregoing suggestion. ' notion Motion was made and voted on to take no action on Use Permit Ayes * * k k No. 1852 (Amended), and to continue the requirement for in -lieu * parking fees in conjunction with the original Use Permit No. 1852. MOTION CARRIED, Discussion Item: Discussion Item Use Permit No. 3273 #1 Planning Commission review of the availability of offstreet parking spaces at the Newport Beach Plaza Senior Congregate Living uPSZ7s Facility on property located at 1455 Superior Avenue. 1.455 Superior Ave. - Following discussion that an adequate number of offstreet parking Motion X spaces are being provided, a motion was made and voted on to All Ayes take no action on this item. MOTION CARRIED. R Y t -26- June 20, 1991 COMMISSIONERS �O �� db ' CITY OF NEWPORT BEACH MINUTES ROLL CALL INOEX ADDITIONAL BUSINESS: Add ' 1 Business Adj . to 7 -18 -91 The Planning Commission adjourned to the Planning Commission meeting of July 18, 1991. ADJOURNMENT: 9:00 p.m. Adjourn THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -27-