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HomeMy WebLinkAbout06/24/1993COMMSSIONERS , •�p���o� o��� Sao CITY OF NEWPORT BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: June 24. 1993 ROLL CALL INDEX ?resent * * * * * * * All Commissioners were present. (Commissioner Pomeroy arrived at 7:35 pm.) s x x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney : * x William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary : x x Minutes of June 10, 1993 "minutes of 'notion * Motion was made and voted on to approve the June 10, 1993, 6/10/93 Oyes * * * * * * Planning Commission Minutes. MOTION CARRIED. ?absent x x x Public Comments: Public -` Comment 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 18, 1993, in front of City Hall. x x x COMMSSIONERS 'OO Drool d��s • c���o�t��'�o�os o CITY OF NEWPORT BEACH MINUTES June 24 1993 ROLL CALL INDEX Requests for Removal from Calendar: Request - to Remove Mr. Hewicker requested that the following items be removed from calendar: Item No. 2, Use Permit No. 1838 (Amended), Pascal from Calendar Olhats, applicant, property located at 1000 Bristol Street North; Item No. 4, Variance No. 1187, Newport Via Lido Associates and 503 Lido Partners, applicants, property located at 3471 Via Lido and 503 32nd Street; Item No. 5, Use Permit No. 3122 (Amended), BA Properties, applicant, property located at 309 Palm Street; and Item No. 6, Use Permit No. 3076 (Amended), Landing Associates, applicant, property located at 503 Edgewater Place. Motion Motion was made and voted on to remove Items No. 2, 4, 5, and Ayes * 6 from calendar. MOTION CARRIED. _ �nt * x * s Use Permit No 3499 (Public Hearing) Item No.i Request to permit the establishment of a full service graphic UP3499 design studio which also includes an instructional facility specializing in print advertising design on property located in the Approved Newport Place Planned Community. There will be three instructional classes with a maximum of 20 students per class. LOCATION: Parcel 2 of Parcel Map 61 -9 (Resubdivision No. 423) located at 3901 MacArthur Boulevard, on the westerly comer of MacArthur Boulevard and Jamboree Road, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Platt College, Anaheim, Inc., Irvine. OWNER: Nikko Capital Corp., Newport Beach r -2- i V-t\0NW%-1N*\\0 CITY OF NEWPORT BEACH June 24, 1993 ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. William Lockwood, President of Platt College, appeared before the Planning Commission. He 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 Motion was made and voted on to approve Use Permit No. 3499 All Ayes subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. Findings: 1. That the proposed development is consistent with the General Plan, and is compatible with surrounding land . uses. 2. That the number of parking spaces provided is adequate for the proposed design studio and instruction facility. 3. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions 1. That the interior design school shall be operated only in conjunction with the interior design studio, and that the school shall operate in accordance with the following conditions. -3- COMMISSIONER$ CITY OF NEWPORT BEACH MINUTES June 24, 1993 ROLL CALL MEX 2. That the use of the facility shall be consistent with the approved plot plan and floor plan. 3. That the total number of students and employees shall not exceed 72 persons in the building at any one time. Any additional increase in the number of people shall be subject to approval of an amendment to this use permit. 4. That the applicant shall maintain at least 24 parking spaces in the parking lot located immediately adjacent to the facility at all times that the facility is in operation. 5. That all employees shall park their vehicles on -site at all times. 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. 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 -4- COIVAVlISSIONERS *P4NPWVM*+%\\�0 CITY OF NEWPORT BEACH MINUTES June 24. 1993 ROLL CALL INDEX Use Permit No 1838 (Amended) (Public Hearing) stem No.: Request to amend a previously approved use permit which UP1838A permitted the establishment of a restaurant with on -sale beer and wine within the Newport Place Planned Community District. The Removed from applicant proposes to expand the "net public area" of the Calendar restaurant by adding an outdoor dining area adjacent to Inc existing restaurant facility. The applicant also requests a waiver of a portion of the required offstreet parking spaces to accommodate the proposed expansion. LOCATION: Parcel 1 of Parcel Map 97 -18, 19 (Resubdivision No. 541) located at 1000 Bristol Street North, on the northeasterly side of Bristol Street North, westerly of Dove Street, in the Newport Place Planned . Community. ZONE: P -C APPLICANT: Pascal Olhats (Pascal's Restaurant), Newport Beach OWNER: LSW Limited, Newport Beach James Hewicker, Planning Director, recommended that this item be removed from calendar inasmuch as the Land Use Element of the General Plan does not currently permit further expansion of the existing shopping center. Motion * Motion was made and voted on to remove Use Permit No. 1838 Ayes * * * (Amended) from calendar. MOTION CARRIED. Absent s : s -5- CITY OF NEWPORT BEACH MINUTES June 24. 1993 .3 ROLL CALL INDEX Use Permit No. 3266 (Amended Public Hearing) Item No Request to amend a previously approved use permit which UP3266A permitted the establishment of a restaurant with indoor and outdoor seating with on -sale beer and wine, on property located Cont ' d in the P -C District. Said approval also waived a portion of the to required offstreet parking spaces. The proposed amendment 7/8/93 involves a request to expand the indoor dining area by expanding into an adjoining commercial space and a request to waive the additional required offstreet parking in conjunction with the restaurant expansion. LOCATION: A portion of Record of Survey No. 11 -34, located at 251 Shipyard Way, in the southwesterly portion of the Lido Peninsula. . ZONE: P -C APPLICANT: Lido Shipyard Sausage Company, Newport Beach OWNER: Curci -Turner Co., Newport Beach The Commission considered comments in the staff report that the Planning Commission may desire to continue the subject item until such time as the delinquent fair share fees have been satisfied. The public hearing was opened in connection with this item, and Mr. Chris Colvin, 3419 Via Lido, architect for the applicant, appeared before the Planning Commission. Mr. Colvin concurred with the findings and conditions in Exhibit "A ". He stated that the delinquent conditions of approval in conjunction with the approval of Use Permit No. 3266 (Amended) approved by the Commission on July 18, 1991, have been met inasmuch as the parking plan was submitted to the City Traffic Engineer for review. Mr. Colvin stated that the applicant has explained that there are other restaurants in the area that have expanded and a Fair Share -6- .3 COMMSSIONERS CITY OF NEWPORT BEACH MINUTES June 24 1993 ROLL CALL INDEX Fee was not required. The Fair Share Fee was not a condition of approval when the aforementioned application was approved by the Commission; however, it was imposed on the subject establishment after the use permit was approved based on the intensity of use. The applicant has indicated a desire to appeal the required Fair Share Fee so as to express his feelings, and the applicant's attorney recommended that the Fair Share Fee not be paid until there has been some sort of appeal process. The applicant has a desire to continue to operate his restaurant; however, the Fair Share Fee is an undue economic hardship. The subject property has an abundance of parking and the increase in use of the restaurant will not impact the area significantly. In reference to the subject application, Mr. Colvin explained that if it is determined that the Fair Share Fee is necessary and upheld, the applicant has explained that the gross square footage would not be a fair assessment and the amount of "net public area" would be a more fair assessment. The applicant has indicated that if the Fair Share Fee is necessary that he would not be able to pay the fee in full at one time. In response to a question posed by Commissioner Merrill, Mr. Colvin explained that the Coastal Commission approved a waiver of the Coastal Development Permit on February 18, 1993. In response to a question posed by Commissioner Glover, Mr. Colvin explained that the applicant has indicated to the best of his knowledge, that he has been assessed a Fee that no other restaurants have been assessed, and the Fee is not being applied consistently. The applicant has requested that if the Fee is not waived that he be permitted to pay a lower Fee because he does not feel that the square footage is justifiable. Mr. Hewicker explained that the Fair Share Fee Ordinance is not in Chapter 20 of the Zoning Code, which the Planning Commission is typically involved with, and the Commission does not have the authority to change the Fee, waive the Fee, or make other changes to the Fee. The applicant should address his concerns to the City Council if he has a desire to contest the Fair -7- C011+IIMSSIONERS CITY OF NEWPORT BEACH N7,11,1119N .y June 24. 1993 ROLL CALL MDEX Share Fee. Mr. Hewicker opposed the requested expansion of the establishment and the restaurant collecting revenue from the expanded business if the Fair Share Fee is not collected from the extra traffic that the business is generating. Don Webb, City Engineer, stated that the Fair Share Fee is charged when a business applies for a Building Permit, based on the gross floor area, not "net public area ". The traffic modeling was based on gross square footage of the buildings, and the Fair Share Fee is based on the number of trips generated and not based on parking requirements. The Fair Share Ordinance has been administered uniformly since 1984, and he stated that he was not aware of any restaurants being excluded when an establishment requested to expand their use or to construct new facilities. The Fair Share Fee has not been shown separately as an item and condition because it is under the Uniform Building Code, . Chapter 15, and it is administered when Building Permits are pulled. Chairman Edwards asked if the Commission could dictate, as a condition, the imposition of the Fair Share Fee inasmuch as it would impose the Fair Share Fee and the applicant could appeal the decision to the City Council. Mr. Laycock explained that when the subject establishment was expanded in 1991 a door existed into the adjacent suite, and therefore, a Building Permit was not required. The Planning Department sent a letter to the applicant after the expansion requesting the Fair Share Fee. Robin Flory, Assistant City Attorney, suggested that the Commission could continue the item to discuss the issue with the applicant, or the Commission could add a condition that would require the applicant to pay past due Fair Share Fees prior to the issuance of Building Permits for the expanded restaurant facility. Commissioner Pomeroy asked if a levy of the Fair Share Fee had been done without the exercise of a Building Permit. As an example, Mr. Hewicker explained that a Building Permit is not required when a medical practice moves to another office; -8- COMMSSIONERS CITY OF NEWPORT BEACH MINUTES June 24. 1993 ROLL CALL IIVDEX however, if there is an intensification of use, the Planning Department collects the Fair Share Fee. In response to a question posed by Commissioner Ridgeway, Ms.. Flory explained that if the applicant has not complied with all of the provisions of the Code that are required, would the Commission want to approve the request based upon the findings concerning the general health, safety, and welfare. The Fair Share Ordinance is part of the requirements of the Code on the basis that the Ordinance was adopted to raise money to provide transportation facilities for the City. The City has enforcement mechanisms to collect the Fair Share Fee from the applicant. Commissioner Ridgeway expressed his disapproval of the applicant scoffing the Ordinance, and he stated that he would not support a motion to approve the request wherein he suggested that the request be continued for further discussion. Commissioner Gifford and Commissioner DiSano expressed their opinion that it would not be inappropriate to add a condition requiring the Fair Share Fee, and the applicant could subsequently appeal the decision to the City Council. Commissioner Pomeroy and Mr. Colvin discussed the applicant's concerns regarding the payment of the Fair Share Fee. Mr. Colvin addressed the gross square footage of the facility wherein he explained that the restrooms are a common area to the building and not particularly to the restaurant and he suggested that the square footage of the restrooms be deducted from the overall area of the building. Mr. Hewicker responded that the restrooms are necessary for the restaurant. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3266 (Amended), subject to the findings and conditions in Exhibit "A", with the following modifications; Add Condition No. 13 stating that the existing and proposed Fair Share Fee shall be paid in accordance -9- CITY OF NEWPORT BEACH MINUTES June. 24 . 1993 ROLL CALL INDEX with Section 15.38 of the Newport Beach Municipal Code unless otherwise waived or modified by the City Council. Ms. Flory suggested that Finding No. 6 be added stating that the applicant has not paid the Fair Share Fee that was previously required The maker of the motion concurred with the recommendation. In response to a question posed by Commissioner Ridgeway, Mr. Hewicker explained that the applicant would not be permitted a Building Permit until the Fair Share Fee is paid if a Building Permit is required. Ms. Flory commented that the Planning Commission has the authority to revoke the use permit or the requirement could be enforced through the Court process. Commissioner Pomeroy commented that the restrooms are not directly accessible from the restaurant, and if they are not located in the leased area, the restrooms represent approximately 250 square feet which would result in a Fair Share Fee of $418.00 plus $798.00 for the additional outdoor dining area, which would mean an adjusted figure of $1,206.00. Commissioner Gifford and Ms. Flory discussed the feasibility of adding a condition requesting a time limit of when the Fair Share Fee would be paid. Chairman Edwards suggested that the added condition could state that the use permit shall not become effective until such time as the Fair Share Fee has been paid. The maker of the motion agreed to amend the motion. Commissioner Pomeroy recommended to continue the use permit inasmuch as there is an opportunity to make a compromise in consideration of the aforementioned reduction in square footage concerning the restrooms which would reduce the required Fair substitut Share Fee. Substitute motion was made to continue Use Permit Motion * No. 3266 (Amended) to the Planning Commission meeting of July 8, 1993. Commissioner Glover suggested that the City Council should consider charging interest on money that is past due to the City. -10- COMMISSIONERS CITY OF NEWPORT BEACH I690tiiirx� June 24. 1993 ROLL CALL INDEX Ayes * * * Substitute motion was voted on to continue Use Permit No. 3266 Noes * (Amended) to the July 8, 1993, Planning Commission meeting. MOTION CARRIED. Variance No. 1187 (Continued Public Hearin) Item No. Request to reduce the number of required off- street parking V1187 spaces which are provided for an existing office building located at 503 32nd Street and which are located at an off -site location at ea the rear of the Via Lido Plaza Shopping Center in the RSC -H PP g from from Calendar District. Under the existing parldng arrangement, 24 restricted parking spaces are provided to the customers and business invitees of the office building. The applicants propose to reduce the number of required off- street parking spaces to 12 and remove the existing use restriction so as to allow tenants and employees of the office building to also use the off -site parking spaces. The proposal also includes a request to amend a previously approved Off -site Parking Agreement consistent with the revised parking figures. LOCATION: Parcel 1 of Parcel Map 85 -1 (Resubdivision No. 516), located 3471 Via Lido, on the northwesterly comer of Via Lido and Via Oporto (off -site parking site); and Lot 6, Tract No. 907, located at 503 32nd Street, on the northeasterly corner of 32nd Street and Via Oporto, (building site), in Central Newport. ZONE: RSC -H APPLICANTS: Newport Via Lido Associates, Orange; and 503 Lido Partners, Ltd., Newport Beach OWNERS: Same as applicants -11- COADUSSIONERS CITY OF NEWPORT BEACH MINUTES hmP 24 1991 ROLL CALL INDEX James Hewicker, Planning Director, requested that this item be removed from calendar so as to allow additional time to prepare for the public bearing and for distributing additional information to the Planning Department for final preparation of the staff report. Motion * Motion was made and voted on to remove Variance No. 1187 Ayes * from calendar. MOTION CARRIED. Absent Use Permit No 3122 (Amended) (Continued Public Hearin) Item No.. Request to amend a previously approved use permit which UP3122A permitted the construction of the Edgewater Place complex including a full service restaurant and bar on the second and third Removed . floors with on -sale alcoholic beverages and live entertainment; a from take -out restaurant and a variety of retail uses on the ground floor; Calendar and the Edgewater Place parking structure. The proposed amendment includes: a request to permit the construction of a vehicle ramp from the ground floor of the parking structure to the basement; a re- configuring of the number and location of parking spaces within the parking structure; the conversion of the third floor restaurant /bar to office use; and the reduction of the off - street parking requirement for the remaining second floor restaurant to one parking space for each 50 square feet of "net public area." An exception to the Sign Code is also requested inasmuch as two direction signs to the parking structure.exceed the permitted 6 sq. ft. area, and one of the signs contains the name of the Newport Landing Restaurant. LOCATION: Lots 1 -3, 7 -12, an unnumbered lot, all in Block 3 of the Balboa Bayside Tract; and Lots 22 and 23, Block A of the Bayside Tract, located at 309 Palm Street, on the northerly side of East Bay Avenue, between Pahn Street and Adams Street, in Central . Balboa. -12- COMMISSIONERS • 0 �9�O�t��' 'O�OS�O CITY OF NEWPORT BEACH MINUTES June 24_ 1993 ROLL CALL. INDEX ZONE: RSC -R APPLICANT: BA Properties, Los Angeles OWNER: Same as applicant James Hewicker, Planning Director, recommended that this matter be removed from calendar so as to allow additional time for the property owners of the Newport Landing Restaurant and the Edgewater Place complex to review the proposed development. Motion Motion was made and voted on to remove Use Permit No. 3122 Ayes (Amended) from calendar. MOTION CARRIED. Absent sss • Use Permit No. 3076 (Amended) (Continued Public Hearing) Item Noa Request to amend a previously approved use permit which UP3076A permitted the establishment of the Newport Landing Restaurant with on -sale alcoholic beverages, live entertainment and off -site Removed parking on property located in the RSC -R District. The proposed from amendment includes: a request to establish a new off -street Calendar parking requirement for the restaurant based on additional off -site parking spaces being provided by the owners of the Edgewater Place Development; the removal of the previously approved handicapped parking spaces from the Newport Landing Restaurant site; and the approval of an amended Off -site Parking Agreement consistent with the revised parking figures. LOCATION: Parcel 1 of Parcel Map 196 -38 (Resubdivision No. 765), located at 503 Edgewater Place, on the southeasterly comer of Edgewater Place and Adams Street, in Central Balboa. ZONE: RSC -R -13- COMMISSIONERS CITY OF NEWPORT BEACH u P. Dr-.9 June 24 1993 ROLL CALL INDEX APPLICANT: Landing Associates, Irvine OWNER: Same as applicant James Hewicker, Planning Director, requested that this item be removed from calendar so as to allow additional time for the property owners of the Newport Landing Restaurant and the Edgewater Place complex to review the proposed development. Motion * Motion was made and voted on to remove Use Permit No. 3076 Ayes * * * (Amended) from calendar. MOTION CARRIED. Absent s s s Use Permit No. 3071 (Amended) (Public Hearing) Item No.' 10 to amend a previously approved use permit that permitted UP3071A the expansion of the operational characteristics of the existing the Newport Beach Tennis Club. The proposed amendment includes Approved the new owner's request to revise and /or delete certain conditions of approval which pertained to the tennis club's operation under the previous ownership. The proposed changes include: an amendment to Condition No. 3 so as to remove the restriction on the number of tournament days; the deletion of Condition No. 5 which limits the number of special tournaments involving public entities or public institutions; the deletion of Condition No. 6 which requires the club to submit on an annual basis, a list of dates for all scheduled tournaments, special tournaments and swim meets; an amendment to Condition No. 7 so as to eliminate the current, 12:00 noon to dusk restriction on the last two days of the tournament, so as to allow the use of outdoor sound amplification during all hours of tournament play; amend Condition No. 8 so as to allow outdoor speakers and paging during major tournaments; amend Condition No. 12 so as to eliminate the names of specific tournaments that require Special Events Permits; amend Condition No. 13 so as to allow for neighborhood use of restaurant promotional activities, whereas the existing condition requires all . of the club's activities to be for members only; delete Condition -14- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES 1Ir71VzMk1!A3 ROLL CALL INDEX No. 15 which restricts tennis lessons to Courts No. 3, 4, 5, and 6; deletion of Condition No. 17 which restrict lighting of Courts No. 11, 12, 13, 14, 18 and 19; amend Condition No. 19 so as to remove the restriction of only 2 pool side events and allow unlimited pool side activities for club members; delete Condition No. 28 which limits the evening use of Courts No. 7, 8, 9 and 10 until all other lighted courts are in use; delete Condition No. 29 which requires shielded lighting on Courts No. 7 -10 inasmuch as all lighted courts have been refitted with shielded lights; and amend Condition No. 30 so as to eliminate the reference to the number of private parties, luaus or barbecues that are permitted outside of the building and therefore not required to confine related noise to the interior of the building. LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of . Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. ZONES: R- 4-13-2, P -R -D and RSC -H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: Ron Pfahler, Newport Beach James Hewicker, Planning Director, stated that the following letters have been received by the Planning Department expressing their concerns regarding the subject application: North Bluffs Bayview Community Association, Villageway on behalf of the North Bluff Villas Community Association, Tricia and Robert Moore residing at 2615 Bamboo Street, Joseph H. Greiner residing at 2531 Bamboo Street, and Edward H. Stone, a resident of the Eastbluff Homeowner's Association. Mr. Hewicker explained that the tennis court numbers listed on the large exhibit differ from the court numbers listed in the exhibit attached to the staff report, and the courts that will be discussed during the public hearing will be the court numbers as noted in the staff report. -15- COMMISSIONERS '00 �lof� d $ • c �y'�o�t��'PO��o CITY OF NEWPORT BEACH MINUTES June 24 1993 ROLL CALL INDEX Commissioner Gifford requested a clarification of the sound amplification conditions approved in conjunction with Use Permit No. 3071 as stated in the staff report. William Laycock, Current Planning Manager, explained that staff used the conditions of approval as approved by the Planning Commission on July 5, 1984, and amended by the City Council on August 27, 1984: Condition No. 7 states that outdoor sound amplification shall be limited to the hours of 12:00 noon to dusk, the last two days of each club tennis tournament as well as the swim meets. The condition also states that amplified sound shall not extend beyond the boundary of the club and that pertains to any sound at any time. Commissioner Gifford addressed the applicant's request to allow the doors between the pool area and the main dining room to remain open while live entertainment and dancing is conducted inside the clubhouse provided that the noise from such activity does not exceed 50 dBA at the property lines. Mr. Hewicker • explained that the noise standard is typically used in conditions on various use permits. It is difficult to state that sound cannot be heard beyond the perimeter of the property, but the level of 50 dBA or 55 dBA is normally an acceptable standard. Mr. Hewicker responded that the condition refers only to amplification and it is difficult in a tennis club environment to keep the public address system and the announcement of the matches from going beyond the property line. Mr. Hewicker stated that the conditions were added to the use permit many years ago because the tennis club operates in a residential environment and, the City did not want the club to become a source of irritation, noise, or distraction to the adjoining residential neighborhoods. He further explained that the inconsistencies in the conditions occurred because of the numerous amendments to the use permit. Mr. Hewicker replied that the only outdoor amplification that the tennis club is allowed is for announcements on certain approved tournaments for which the club receives a Special Events Permit, and for the various other social events that occur outdoors which are permitted by the use permit. In response to a question posed by Commissioner Gifford regarding Condition No. 25, Exhibit "A", Mr. Hewicker explained that the condition does not apply to the typical truck . delivery which delivers provisions to the clubhouse. The condition -16- \1'� �L % CITY OF NEWPORT BEACH iuS Tnna 2d 100'A ROLL CALL INDEX was imposed on the use permit several years ago as a result of a major tournament where there were refrigeration trucks and extra generators that disturbed the neighborhood. Commissioner Glover addressed Condition No. 8, Exhibit 'B" stating that paging would not be allowed with the exception of emergency announcements. In response to a question posed by Commissioner Glover regarding Condition No. 20, Exhibit "B ", regarding the two outdoor luaus and barbecues, Mr. Hewicker stated that Condition No. 20 was included to restrict the applicant on the number of outdoor events that would be permitted at the club. The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King & Associates, appeared before the Planning Commission on behalf of the applicant. Mr. King explained that the subject application reflects the modifications that the new owner, Mr. Pfahler, wishes to make to the tennis club inasmuch as several previously approved operational characteristics are no longer pertinent to the present operation. Mr. King stated that the applicant has agreed to comply with the findings and conditions in Exhibit "B", as suggested by staff:, with the following exceptions. Condition No. 7, Exhibit "B ", stating that the outdoor sound amplification shall be limited to the hours from 9:00 a.m. to dusk, the last two days of each of the eight tennis tournaments.., Mr. King requested that the condition be amended to 9:00 am. to 9:00 p.m. during the winter months inasmuch as dusk could be at 4:00 p.m., and 9:00 pm. would be an hour before the club closes at 10:00 p.m. In reference to Condition No. 6, Exhibit 'B ", Mr. King stated that the applicant would submit a list of the tournaments to the City that are traditional tournaments; however, the club should be permitted flexibility in accepting additional tournament play for charities during the year that the club may not have had applications for at the beginning of the year. The additional tournaments would be reported to the City within a 30 day period. Mr. King stated that a paging system is not on site and the club removed the speakers mounted around the pool after the . City inspected the site. The club has requested permission to use -17- CODAMSSI<ONERS CITY OF NEWPORT BEACH � FAINIS I Tune ?A 1993 ROLL CALL INDEX the sound system for emergency announcements or in the event there are parking violations so as to call the member off the court to remove the car. In reference to Condition No. 13, Exhibit 'B ", regarding the operation of the restaurant and permitted private parties, Mr. King stated that the restaurant would serve the club's purpose by trying to recruit new members by allowing the public to come into the restaurant use, and the club would like to announce to the community that the facility is available to local people. It is a small restaurant and a small kitchen, and there is no intention to expand the restaurant to attract the people from outside the area or to create a destination point. In reference to Condition No. 15, Exhibit "B ", regarding the courts that would permit tennis lessons, Mr. King requested that Court No. 9 be eliminated inasmuch as it is an inaccessable interior court. The condition would state that tennis lessons shall be permitted only on Courts No. 1 -8, 11, and 12... Mr. King pointed out that the court numbering system that he was using at the beginning of his remarks differs from the court numbering system that is attached to the staff report and there could be some confusion regarding the court numbers at a later date. Condition No. 29, Exhibit "B ", regarding tennis court lighting, requires the club to modify the lighting so that the lighting would not be detrimental to the residential area. Condition No. 37, Exhibit "B ", allows the club to provide security low -glare lights all night for security purposes. In reference to Condition No. 30, Exhibit 'B ", requesting that the doors and windows shall be kept closed during the time live entertainment is being provided, Mr. King stated that the club would comply with the condition inasmuch as the recommendation would provide protection to the community. In response to a question posed by Commissioner Glover with respect to Condition No. 7, Exhibit "B ", regarding the hours of outdoor sound amplification, Mr. King explained that the condition applies only to amplified tournament play and amplification is not . used for normal membership play. Mr. King pointed out that dusk -18- CONIMSSIONERS • � Goo �d�g\ CITY OF NEWPORT BEACH MINUTES June 24 1993 ROLL CALL INDEX is in the late afternoon during the winter months and the purpose of modifying the condition to 9:00 p.m. would be to allow the completion of tournament play. Commissioner Gifford addressed Condition No. 8, Exhibit "B" regarding outdoor loud speakers for paging. Mr. King explained that the applicant has requested that the condition be modified to state ..emergency announcements and parking violations. Commissioner Merrill addressed his concerns regarding illuminated court lights. Mr. King explained that the illuminated low -glare lights have been approved by the City. Mr. Albert Cook, 2087 Catalpa Street, appeared before the Planning Commission to express his concerns regarding the noise that is caused by the bleacher setup and tear down for . tournaments; that the restaurant would be opened up to the public; and that automobiles park in residential areas on tournament days. He expressed his approval of the way that the private tennis club was originally operated, and he requested that no changes be made to the existing operation. Mr. Cook did not object to the existing lighting. In response to questions posed by Commissioner Glover, Mr. Cook explained that if the tennis club would be opened up for public use, it would no longer be a private club. Mrs. Susan Doering, 2627 Blackthorn Street, appeared before the Planning Commission. Mrs. Doering commented that the original conditions to Use Permit 3071 were fair to the tennis club and to the residents and that was done effectively. Her primary concerns are that the police have not enforced the noise complaints that have been submitted to them by the residents; that a stop sign be installed at the tennis club exit; and that the paging system should not be used to contact the guests regarding parking violations. In response to questions posed by Commissioner Ridgeway, Mrs. . Doering stated that during the summer of 1992, she contacted the -19- CITY OF NEWPORT BEACH MINUTES June 24_ 1993 ROLL CALL IlMEX Police Department regarding the noise emanating from the tennis club, and that she could not specifically recall the number of times or the hour of day that she contacted the Police Department. Commissioner Gifford stated that the Police Department would have records of telephone call complaints. In accordance with Condition No. 33, Exhibit "B ", the Planning Department may recall the use permit to add and /or modify the conditions if it is determined that the operation is detrimental to the community. Commissioner Pomeroy commented that the Planning Commission has not received written complaints from the residents requesting that the Commission review the tennis club's operation. Ms. Flory explained that the Police Department does not enforce the conditions of a use permit, and if the residents call the Police • to the tennis club, the police may not see any violations of the State Criminal Penal or Municipal Code for enforcement purposes. She recommended that the residents contact the Planning Department regarding their complaints for the enforcement of conditions. Commissioner Ridgeway addressed the restrictions regarding boom boxes in the Noise Ordinance wherein Ms. Flory explained that it would depend upon the wording of the Ordinance if there would be a Municipal Code noise violation. Mr. Philip Nathan, 2651 Bamboo Street, appeared before the Planning Commission. Mr. Nathan pointed out that the residential community and the tennis club have lived in relative harmony during the past few years, and be questioned why it is necessary to modify any of the club's regulations. Mr. Nathan pointed out that Bamboo Street is impacted by tournament parking; the residents would be affected if the hours of outdoor sound amplification would be changed and be questioned how amplified sound could be contained within the boundaries of the club as recommended in Condition No. 7, Exhibit "B'; and he objected to the restaurant and bar opening to the public. • -20- CITY OF NEWPORT BEACH MINUTES r,,..e 'Yd 1001 ROLL CALL INDEX Mr. Robert Degner, 505 Ventaha, Vice President of North Bluff Villa Association, appeared before the Planning Commission. He stated that North Bluff Villa is the community most adjacent to the tennis club, one -third of the units are within 100 yards of the tennis club facilities, and that the residential community and the tennis club are in harmonious agreement. In reference to Exhibit "B ", he requested the following considerations: Condition No. 26 be modified to state that a responsible management person be present at all functions of a commercial nature, and that the 55 dBA at the property line should be clarified. In response to questions posed by Commissioner DiSano, Mr. Degner stated that he had no objections to Condition No. 7 regarding the hours of sound amplification; his community is moderately impacted by the parking violations; and the restaurant opening to the public is a non - event. In response to a question posed by Commissioner Ridgeway, Mr. Deguer stated that his comments that he would not • have an objection regarding the hours of sound amplification do not reflect the Association's opinion. Commissioner Pomeroy stated that Condition No. 7, Exhibit 'B ", could be modified to state ..the hours of 10:00 am. and dusk April to October, and 7:00 pm. during the months of November to March. Commissioner Merrill concurred that a representative of management be at the tennis club for special activities. Mr. Ed McCullough, 308 Vista Trucba, President of the North Bluff Park Homeowners Association, appeared before the Planning Commission. Mr. McCullough expressed his concerns regarding parking and general traffic on Vista del Oro and on the adjacent private streets, when the tennis club has a tournament and when there are activities in Eastbluff Park. He requested that the Commission consider a condition for the homeowners and the business community to control any additional events in the area. Commissioner Ridgeway commented that Exhibit 'B" does not • allow any intensification of use beyond the current activities. -21- CITY OF NEWPORT BEACH MINUTES Lune 24. 103 ROLL CALL INDEX In response to a question posed by Chairman Edwards, Mr. Hewicker explained that he would not consider the public restaurant an intensification of use inasmuch as the facility is not increasing the number of tables or chairs. Mr. Brion Amendt, 402 Vista Trucha, appeared before the Planning Commission on behalf of the North Bluff Park Homeowners Association. He addressed the Association's concerns in Exhibit 'B" as follows: Regarding Condition No. 7, hours of sound amplification - he suggested that the condition be modified from 12:00 noon to dusk; regarding Conditions No. 7 and 20 - if outdoor sound amplification is allowed that the luaus and barbecues be restricted to 10:00 p.m. on Friday and Saturday nights; regarding Condition No. 8, he had concerns regarding announcing parking violations and he questioned the definition of • "emergency "; regarding Condition No. 13 - he did not object to a small operation of a restaurant but he expressed concerns regarding large public events; regarding Condition No. 15, regarding Courts - that noise from Court No. 12 carries directly into the adjacent neighborhood; and he expressed concern regarding Condition No. 24 with respect to the closing time for the bar, and the restaurant. In response to a question posed by Commissioner Glover, Mr. Laycock concurred that the aforementioned Condition No. 24 has been a standard condition in the subject use permit. Mr. Bernard Pegg, 2633 Bamboo Street, appeared before the Planning Commission. He opined that a use permit should establish a set of conditions for a business and not as a tool for a new owner or manager, and he set as an example the increase in the number of lighted tennis courts. He expressed concerns regarding Condition No. 7, the hours of outdoor sound amplification, and Condition No. 13, allowing the restaurant to be open to the public. He stated that he wrote a letter at the beginning of the year regarding noise emitting from the tennis club and he expressed concern regarding the enforcement of the • conditions of approval. He recommended that the Commission -22- COMAUSSIONERS CITY OF NEWPORT BEACH MINUTES 14W ,l ) rune 24, 1993 ROLL CALL MMEX deny Use Permit No. 3071 (Amended). Mr. Pegg referred to noise documents that he has recently studied. He stated that the sound level of 55 dBA is no longer a good number, and that a sound level of 40 dBA to 50 dBA is a good daytime ambient for suburban residents. He suggested that Condition No. 34 be modified to state that noise shall not be in excess of the adjoining ambient conditions. He stated that the conditions of approval do not limit the number of tennis tournaments. Mr. King reappeared before the Planning Commission in response to the aforementioned public comments. He stated that the doors and windows shall be kept closed during the time live entertainment is being provided; a stop sign has been installed at the tennis club exit; the club is a resource for the community and they are attempting to attract the local community to join the club; an events management person is on the premises during special . activities; there is no intention to increase the number of events or to expand the facility; there is no additional parking to expand the restaurant and the intent of the restaurant is to attract permanent members; and the concerns regarding the noise and sound will be addressed by the owner. In response to a question posed by Commissioner Pomeroy, Mr. King replied that it would not be a significant problem to eliminate group tennis lessons from Court No. 12. In response to questions posed by Commissioner Glover regarding Condition No. 7, Exhibit 'B ", Mr. King indicated that the existing sound amplification hours from 12:00 noon to dusk did not allow announcement of early tennis games, and during the winter months, only four hours were announced during all day tournaments. He commented that eight tennis tournaments have been requested throughout the year. In response to a question posed by Chairman Edwards, Mr. King explained that tennis tournaments are normally competitive tournaments, including professionals or it is an inner -club . tournament for trophies. Member /guest tournaments are -23- CITY OF NEWPORT BEACH MINUTES 1„n. ')A 1002 ROLL CALL INDEX considered outside tournaments because a non - member would be attending the tournament. Commissioner Gifford and Mr. King addressed the restaurant's hours of operations. Commissioner Gifford stated that she had a concern that the public would patronize the establishment until 2:00 am. In response to a request for clarification by Commissioner Gifford, Mr. King explained that the club closes at 11:00 pm. and there would not be a problem if the restaurant would be closed to the public at 10:00 p.m. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Glover commented that Condition No. 24, Exhibit "B ", states that the closing time for the bar and restaurant is 2:00 a.m. on weekends and national holidays, and 12:00 midnight on weekday nights. Commissioner Gifford addressed Exhibit "B ", Condition No. 7, whereby she stated that she would not support the hours from 9:00 a.m. to 9:00 p.m. inasmuch as two days of sound amplification is wearying of listening to announcements. The residents have stated that the existing hours have not been a problem, and she indicated that from 12:00 noon until 7:00 p.m. may be appropriate. Regarding Condition No. 13, she suggested that the following be added ..that the exception be not later than 10:00 p.m. whereby Mr. Hewicker stated that it would be difficult to enforce if the public would be required to leave at 10:00 p.m. Regarding Condition No. 15, she would support the recommendation to eliminate Court No. 12 inasmuch as the resident who is affected is in the best position to inform the Commission if it would be an issue and Court No. 9 could be a substitute Court. Regarding Condition No. 26, language should be added recommending that an on -site manager be present until closing. Mr. King reappeared before the Planning Commission. He stated • that the tennis club would agree to amend Condition No. 7, -24- Vltmwlell 'M*66\0 CITY OF NEWPORT BEACH MINUTES Tune ?A 1993 ROLL CALL EMDEX regarding the hours of outdoor sound amplification, from 10:00 a.m. to 7:00 p.m. inasmuch as the club could operate a tennis tournament within the foregoing hours. Motion Motion was made to approve Use Permit No. 3071 (Amended) subject to the findings and conditions in Exhibit "B ", with the following modifications: Condition No. 7 be amended to state 10:00 a.m. to 7:00 p.m.; Condition No. 8 be amended to add parking violations; Condition No. 15 be amended to delete Court No. 12; Condition No. 26 be amended to add that management personnel would be present at all events. Commissioner Pomeroy stated that there has been no demonstration that public use of the restaurant facility has been a cause of any of the noise. He explained that the restaurant has been used during the past few years to encourage new members and there has not been a . problem. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that Condition No. 19 and Condition No. 20, allows 2 outdoor luaus or barbecues per year so as to give the tennis club flexibility of having the events in the future since they have held the activities in the past. Mr. King stated that the tennis club would like to have the opportunity to have the luaus or barbecues; however, the live entertainment would be confined to the interior of the building as stated in Condition No. 30. Discussion ensued regarding the wording of Conditions No. 7 and 30 regarding the outdoor sound Amended and noise. The maker of the motion amended the motion to delete With the exception of the two permitted private parties, luaus or barbecues outside the clubhouse from Condition No. 30. In response to comments by Commissioner Merrill regarding the wording of Conditions No. 7 and 34 regarding amplified sound and 55 dBA at the property line, Commissioner Pomeroy commented Amended that the use permit could be recalled for review by the Commission if there would be a problem. He amended his motion • -25- CITY OF NEWPORT BEACH T nine 74 1993 ROLL CALL INDEX to delete Further, amplified sound shall not extend beyond the boundary of the Chib from Condition No. 7. Commissioner Merrill stated that he would have trouble supporting the motion based on amended Condition No. 8 to add parking violations inasmuch as the tennis club could post a notice in the parking lot similar to other parking lots or have the automobile towed. Commissioner Pomeroy explained that the issue is to allow an individual to move the automobile if it is blocking traffic or parking in an illegal parking space. Commissioner Merrill explained that if the club has scheduled an exceptionally busy day, then the management should staff the parking lot so the problem would not occur. The maker of the motion agreed to Amended delete parking violations from the motion. Mr. King explained that several of the adjacent residents requested that the condition be . amended to include parking violations. Chairman Edwards explained that the condition is worded in a manner that emergency announcements can be made if there would be a problem. Commissioner Merrill explained that residents bad expressed their concerns regarding traffic and parking in the area. In response to a question posed by Commissioner Gifford regarding Condition No. 13, permitted private parties, Mr. Hewicker explained that the public would be permitted to reserve the tennis club for wedding receptions, etc. Chairman Edwards commented that the tennis club has previously allowed private parties. Commissioner Glover concluded that the private tennis club would not become a problem because the management would not want the public to interfere with the paid privileges of the members. All Ayes Motion was voted on to approve Use Permit No. 3071 (Amended) subject to the findings and conditions in Exhibit "B ", as amended. MOTION CARRIED. • -26- COMMISSIONERS • 00M\\ CITY OF NEWPORT BEACH MINUTES innP ?A 1493 ROLL CALL INDEX Fin in : 1. That the existing and proposed tennis club operation are consistent with the Land Use Element of the General Plan, and are compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing and proposed use. 3. The approval of Use Permit No. 3071 (Amended) 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 and further that the modification for compact parking is consistent with the legislative intent of Title 20 of the Municipal Code. Conditions: 1. That the subject operation shall be in substantial conformance with the approved plot plan, floor plans and elevations except as noted below. Further, that the press tent, temporary chain link fence, proposed walks, proposed lighting, sales information and ticket sales trailer shall be deleted from the approved plot plans. 2. That all previous Conditions of Approval of Use Permit No. 1233 and Use Permit No. 1824 are no longer in effect. 3. Club tournaments shall be limited to eight (8) per year, and shall not exceed a total of 35 tournament days per year. 4. One -day swim meets shall be limited to seven (7) meets per year. -27- COMMISSIONERS I'p 7- CITY OF NEWPORT BEACH MINUTES June 24. 1993 ROLL CALL INDEX 5. One -day special tournaments involving public entities or public institutions (i.e., exhibitions or challenge matches with the U.C. Irvine Tennis team, etc.) shall be limited to four (4) per year and that these tournaments shall be conducted during daylight hours. 6. The tennis club shall furnish to the Planning Department on an annual basis, beginning in January, a list of all tennis tournaments. The list of tournaments shall include the approximate dates for each event, based on the best information available to the tennis club at the time. Should the actual dates of the tournaments change, the tennis club shall send a revised list to the Planning Department with the new dates. 7. That outdoor sound amplification shall be limited to the hours of 10:00 a.m. to 7:00 p.m., the last two days of each of the eight tennis tournaments permitted in Condition No. 3. The two outdoor luaus or barbecues permitted in Condition No. 19 may use outdoor sound amplification per Condition No. 20. 8. That the use of outdoor loud speakers for paging is prohibited except for emergency announcements. The use of non - electronic signaling or cheering devices, bullhorns, musical fanfare devices, or other similar sound systems or devices is prohibited at all times. 9. No temporary seating shall be erected for any club tournament with the exception of the Adoption Guild Tournament, which will be permitted no more than 200 additional seats. 10. Previously deleted by the Planning Commission July 5, 1984. 11. Previously deleted by the Planning Commission July 5, • 1984. -28- COIVII4IISSIONERS CITY OF NEWPORT BEACH MINUTES J ue 24 1993 n , ROLL CALL INDEX 12. A Special Events Permit shall be a pre - condition to all tennis tournaments involving individuals or groups other than members of the tennis club. The application for said permit shall be submitted to the City at least 30 days prior to each tournament. 13. The tennis club and related activities shall operate as a private recreational establishment and its facilities will be available to members only and their guests, with the exception of the Summer Junior Tennis Clinics, the operation of the restaurant and the permitted private parties. 14. That the use of all of the tennis courts will be limited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 am. to 10:00 p.m. Saturdays, Sundays and national . holidays, and that all of the tennis courts shall be appropriately posted with permanent signs stating the permitted hours for use. 15. Tennis lessons shall be permitted only on Courts No. 1 -9, and 11 as shown on the attached site plan approved in conjunction with Use Permit No. 1824. 16. That ball machines shall not be used before 8:00 a.m. or after 7:00 p.m. on any day. 17. Deleted by Planning Commission June 24, 1993. 18. All existing tennis court lights shall be turned off no later than 10:00 p.m. on any day. Timing devices shall be installed and maintained on each illuminated court so as to ensure that the lights are turned off at 10:00 p.m. 19. Use of the swimming pool shall be confined to the hours of 6:00 am. to 9:00 p.m. In addition, two (2) outdoor luaus or barbecues per year with activities to 12:00 midnight shall be . permitted in the swimming pool area -29- CITY OF NEWPORT BEACH r..nu 'M 1001 ROLL CALL INDEX 20. Live, outside entertainment shall be permitted in conjunction with the two (2) outdoor luaus and barbecues with a 10:00 p.m. restriction if offered Sunday through Thursday, and 12:00 midnight if offered on a Friday or Saturday. 21. The use of mechanical blowers, vacuums or other noisy maintenance equipment shall not be operated before 8:00 a.m. on any day. 22. Garbage pick -up or commercial deliveries shall not occur before 8:00 a.m. on any day. 23. That all perimeter landscaping shall be regularly watered, maintained and kept free from weeds and debris. • 24. The closing time for the bar, restaurant, patron dancing, live entertainment for club members and guests, and permission to rent facilities to private parties, shall be governed by the closing time of 2:00 a.m. on Saturday, Sunday and national holiday mornings, and 12 :00 midnight on other nights. 25. No equipment shall be brought to the site that would disturb the peace and quiet of the neighborhood such as generators, refrigeration trucks, etc. 26. The club's management and owners are responsible for the quiet and orderly behavior of the club members and guests in the parking lot, particularly during the one -hour period following club closing. Parking shall be controlled and the lot will be emptied of all members' and guests' cars within one hour after closing. Management personnel shall be present at all events on the subject property. 27. Previously deleted by the Planning Commission July 5, 1984. -30- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES T„nn 7d 1001 ROLL CALL INDEX 28. Deleted by the Planning Commission June 24, 1993. 29. That all tennis court lighting shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a Incensed Electrical Engineer, with the letter from the Engineer stating that in his opinion, this requirement has been met. 30. The noise from the dancing and live entertainment shall be confined to the interior of the building. The doors and windows shall be kept closed during the time live entertainment is being provided. 31. A barrier shall be provided between the tennis club parking • lot and Laver Way, to be approved by staff, to restrict pedestrians and prevent debris in this area. The barrier shall be a combination chain link fence and planting to be 6 feet in height, except for the existing open walkway that shall remain. Vehicle stops shall be installed, subject to the direction of the Traffic Engineer, where appropriate to protect the fence. 32. All of the above regulations and conditions are to be observed by club owners, employees, members, guests, private parties and service personnel. Any violation of the Conditions of this use permit may result in revocation of said application. 33. That the Planning Commission may add and /or modify Conditions of Approval to 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. • -31- CITY OF NEWPORT BEACH MINUTES chine 7d 1QQA - ROLL CALL INDEX 34. The applicant shall employ a sound- testing company to assist the club in adjusting the sound amplification equipment so as to assure that the sound level does not surpass 55 DBA at the property line, with certification thereof to be provided to the City. Additionally, applicant shall make all proper installations and shall show evidence of such installation by virtue of a receipt to the City. 35. That the applicant shall perform all Conditions of Approval as stipulated within 30 days of July 5, 1984. If such actions are not verified by the City Planning Department within 30 days of July 5, 1984, Use Permit No. 3071 (Amended) shall be set for revocation proceedings. 36. That the chain link fence shall be installed to the satisfaction of the City; wheel stops shall be installed to • protect said fence; and a gate shall be installed at the entrance, which will be locked during the eight tournaments. In addition, the Newport Beach Tennis Club shall work out agreement with North Bluff Villas Homeowners Association regarding the maintenance of landscaping in the buffer area. Said improvements and agreement to be completed within 60 days of August 27, 1984. 37. That Condition No. 3 of Use Permit No. 3071, as amended on October 22, 1987, is hereby amended to read as follows: That the existing parking lot security lights shall be permitted to remain on all night for security purposes. • -32- COMMISSIONERS cp CITY OF NEWPORT BEACH MINUTES June 24 1993 ROLL CALL INDEX DISCUSSION ITEM: Discussi, Item Request of Donald G. Foster to amend the Cannery Villagg/McFadden Square Specific Plan District so as to permit can.vill, the establishment of ep t shops in commercial areas of the Specific McFadden Plan Area. Specific Plan Motion Motion was made and voted on to set a public hearing to consider Se for All Ayes this matter at the Planning Commission meeting of July 22, 1993. PH MOTION CARRIED. ADDITIONAL BUSINESS: Addl 1 Business Motion was made and voted on to excuse Commissioner DiSano Motion All Ayes * from the Planning Commission meeting of July 8, 1993. MOTION DiSano CARRIED. Excused s s e ADJOURNMENT: 10:35 p.m. Adjourn HARRY MERRILI, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -33-