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HomeMy WebLinkAbout08/21/1997•Planning Commission Minutes CITY OF NEWPORT BEACH August 21, 1997 tegular Meeting - 7:00 p.m. ROLL CALL Present: Commissioners Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley - Commissioners Fuller and Adams were excused, STAFF PRESENT: Sharon Z. Wood, Assistant City Manager, Community and Economic Development Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Development Services Manager Ginger Varin, Planning Commission Executive Secretary Minutes of August 7,1997: • Motion was made by Commissioner Ashley and voted on to approve, as written, the August 7, 1997 Planning Commission Minutes. Ayes: Ridgeway, Selich, Ashley Noes: none Absent: Fuller, Adams Abstain: Kranzley, Gifford Public Comments Assistant City Manager, Sharon Wood, commented that she and several staff members are on the presentation committee for the second Annual Planning Officials Forum to be held Thursday, September 181h and requests commission attendance if possible. The Commissioners are to notify Ginger Varin who will make arrangements. To date, Commissioners Fuller and Kranzley have indicated they will be attending. Postlna of the Agenda The Planning Commission Agenda was posted on Friday, August 14, 1997 outside of City Hall. IN Minutes Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes August 21, 1997 • SUBJECT: Automobile Field of Dreams, David Nelsh (applicant) 504 South Bay Front, Suite 102 Planning Director's Use Permit No. Review of the Planning Director's decision to approve the establishment of a sales office for collectible automobiles, with display and garage area for one vehicle. Pick -up and delivery of vehicles will occur at an off -site location. Ms. Temple introduced three items of correspondence that were received by the Planning Department and then reported that this application is to allow a specialty automotive sales facility on a commercial lot in the RSC District. Staff had noticed this application and issued an approval letter on July 8ih with findings and conditions. The conditions, as originally proposed by staff, addressed concerns of persons within the vicinity of the project regarding parking in the area, noise and that collectible automobiles were parked on public streets. Further staff analysis suggests two alterations to the original conditions of approval that clarifies the actual use of the parking spaces in the garage and a further limit to the number of employees associated with this business to one person, who will be required to park on -site at all times. An additional recommendation to condition number 9 ...That any lighting for the display area shall be allowed only between 8:00 a.m. and 6:00 p.m. daily... is also suggested. Staff believes that if operated within the confines of the conditions proposed that this would be a less intensive use of the building as it could have been used given the underlying zoning. Public Hearing was opened. David Neish appeared on behalf of property owner of 504 South Bay Front, and stated that they concur with all the findings and conditions of approval as expressed in the staff report and given in Ms. Temple's remarks. He stated that the property owner feels that this use is appropriate as it is low intensitywith one employee on the premises. All delivery of vehicles to buyers will be conducted at the storage facility which is located in Santa Ana. All sales transactions will be completed in this office with all local sales tax revenues accrued to Newport Beach. There will be no evening or night time activities associated with this business. He concluded that this is a good use and respectively requests that Commission uphold the decision of the Planning Director with the modified conditions as expressed. Commissioner Ashley asked about on -site parking accommodations and the possibilityof restricting visiting hours. Mr. Neish indicated that at some times the parking spaces are occupied and at other times spaces are available, depending on the time of day. The uses that are there are low intense uses. The visitation depends on the patronage Item No. PDUP 7 Approved INDEX • City of Newport Beach Planning Commission Minutes August 21, 1997 and there is no way to restrict visiting times. The client feels that with the employee parking on site the other space should be available. At Commission inquiry, he stated that there are four employees who drive vintage, classic cars. Joan Torribio, 516 South. Bayfront spoke of her concern of the four collectible cars that are parked within the facility. She has no objection to this use as long as the business complies with the conditions and findings although she is concerned with the parking issues on the island. Discussion followed on the public parking available during the week. Carolyn Carr, 112 Opal presented signed neighborhood petitions against the establishment and pictures of the parking on the facility. Speaking as Secretary of the Improvement Association and representing the neighborhood as well as the Business Association, she expressed their concerns regarding the parking of this facility. She stated that part of the inventory is parked on the street during the business day as well as the employees' cars. She stated that there is already a problem with the parking from the Catalina Flyer and other businesses, and that this facility would add to the already severe parking in the residential neighborhood. . Commission ascertained from the speaker that the parking problems stem from the businesses on the Peninsula and that any type of new business would create an additional "burden" on the parking. It was noted that if the business complies with the findings and conditions in the staff report, as long as there are no extra cars on the street, this would be on acceptable business. Public hearing was closed. Commissioner Selich stated that he does not have a problem with the use per se but is concerned since this is one of the few buildings that is parked to code, what is resulting is use of a parking space for storage. The user is being given 180 sq. ft. of floor area and removing a parking space as well. Commissioner Ashley stated that in the event any violations are observed by the neighborhood, Commissioner will re- visited this use. He agrees with the staff recommendations. Commissioner Gifford asked about the accountability of storage of inventory for sale as compared to the parking for customers. Staff answered that a parking requirement for the facility is established based on the type of facility. Storage of cars is referred to as parking spaces but the comparison is a reasonable one. It would count as parking but not necessarily parking for employees or visitors to the business. A certain number of staff and visitor parking spaces is required. Parking is set as part of the Use Permit process. • 3 INDEX • City of Newport Beach Planning Commission Minutes August 21, 1997 Commissioner Ridgeway stated that this building is the only building that has parking provided. He asked staff if it would be allowed to add a sentence that states that all persons working within this facility shall park on site. Staff answered that the other uses on this building are not subject to a use permit. Commission does not have the ability to condition this Use Permit by requiring other people that the city has no control over how to park on the site. Motion was made by Commissioner Ridgeway to sustain the Planning Director's decision with alternate conditions 7 and 13, and modification to condition 9. Without objection, the motion carried by acclamation with Commissioners Fuller and Adams absent. FINDINGS: 1. That the proposed automobile sales facility is retail in nature, serving a specialized clientele and is not necessarily a destination point. It is anticipated that the proposed use, based on its limited clientele, will have parking demand characteristics similar to or less than a general retail use. • 2. That the property is designated for "Retail and Service Commercial" use by the Land Use Element of the General Plan and (and the Local Coastal Program) and the proposed automobile sales use is a permitted use within that designation. 3. That the required number of off - street parking spaces exist in the parking garage for the proposed establishment as required by the Municipal Code. 4. That the approval of Planning Director's Use Permit No. 7 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons: • The proposed use is a specialized retail use and is expected to generate no greater parking demand than a typical retail use. • The commercial retail and office uses on the property will not be adversely effected by the proposed automobile sales facility use. • The concerns of neighboring residential property owners have been taken into account with regard to parking by the imposition of conditions restricting the display or storage of vehicles for sale within the on -site parking garage and not within any public right -of -way or street. • INDEX • City of Newport Beach Planning Commission Minutes August 21, 1997 CONDITIONS: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevation(s), except as noted in the following conditions. 2. That the hours of operation shall be limited between the hours of 8:00 a.m. and 6:00 p.m. daily for the viewing of displayed or stored vehicles and that the general office use may operate from 8:00 a.m. to 8:00 p.m., daily; and that any increase in the hours of operation shall be subject to the approval of an amendment to this use permit. 3. That the area outside of the automobile sales establishment, including the public sidewalks or walkways or common walkways, shall be maintained in a clean and orderly manner. 4. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. . 5. That the project shall comply with State Disabled Access requirements. 6. That all vehicular access shall be from the alley at the rear of the property and prohibited from Bay Front. 7. That a maximum of two parking spaces shall be made available for use by the proposed automobile sales facility; two parking spaces shall remain available for the residential dwelling unit and the remainder of the parking shall remain available for the retail and office uses on the site (8 spaces; 2 for retail use and 6 for the office use). That the storage of vehicles for display or sale in conjunction with the automobile sales facilityshall be prohibited in the 10 remaining parking spaces allocated to the residential dwelling unit and the other commercial tenant spaces of the property. 8. That the display and storage of vehicles for sale shall be within the parking garage and not allowed within the alley right -of -way, South Bay Front or any street right -of -way. 9. That nighttime lighting of the vehicle display within the parking garage shall be designed to eliminate light and glare spillage onto .adjacent properties or uses. That any lighting for the display area shall be allowed only between 8:00 a.m. and 6:00 p.m. daily. That prior to issuance of the certificate of occupancy, final of building permits or implementation of this approval, the applicant shall schedule an • evening inspection by the Code Enforcement Division to confirm 5 INDEX • City of Newport Beach Planning Commission Minutes August 21, 1997 control of light and glare specified in the previous condition of approval above. 10. That trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, however, not located on or within any public property or right -of -way. H. That deliveries (including transportation of vehicles) and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by an amendment to this approval. 12. That at least one parking space for each 250 sq.ft. of gross floor area shall be provided for the proposed facility. 13. That the facility shall be limited to a single person (employee or the owner) to work within the facility at any one time and that that person shall park on -site at all times. 14. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed 181 establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 15. That the facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Department 16. That the Planning Director or 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 permit upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. That this Use Permit shall expire unless exercised within 24 months from the end of the appeal period as specified in Section 20.91.050 of the Newport Beach Municipal Code. • INDEX • City of Newport Beach Planning Commission Minutes August 21, 1997 • • on the Bay Restaurant (Scott Shuttleworth, applicant) 2241 West Coast Highway • Use Permit No. 3293 (Amended)(Continued Public Hearing) Request to amend conditions of approval of an existing full service restaurant to allow a change in the operational characteristics: to increase the permitted hours of operation of the restaurant, increase the permitted hours of the outdoor dining area and change the type of permitted live entertainment. The applicant has requested that this item be continued to the Planning Commission meeting on September 18th. Motion was made by Commissioner Selich to continue Use Permit No. 3293 to the Planning Commission meeting September 18, 1997. Without objection, the motion carried by acclamation with Commissioners Fuller and Adams absent. +xs SUBJECT: Waiver of Parcel Map for Property Located at 3141 -3147 East Coast Highway A request to waive the requirement of a parcel map for the combining of lots in conjunction with interior alterations of an existing retail commercial building located in the RSC District. (Discussion) Ms. Temple reported subsequent to the publication of the staff report, staff re- visited some of the specifics of the request of Rite Aid Pharmacy for a waiver of a lot combining requirement as set forth in the Zoning Code. Based on that information and that all six lots associated with this property do appear to be held by a single ownership, staff does not believe that there are the necessary findings for the Commission to approve a waiver of the combining requirement. The applicant's main concern was a timely issuance of the building permit. An agreement has been worked out whereby the building permit may be issued to allow the commencement of the renovation while the necessary lot line adjustment to combine the properties involved occurs. There is no action necessary by the Commission. Public Hearing was opened. Mr. Scott A. Mommer, Lars Andersen and Associates, Inc. applicant 4630 West Jackman - stipulated his associates agree to the revised staff report and on INDEX Item 2 UP No. 3293 Continued to 9/18/97 Item 3 Parcel Map Removed from calendar • City of Newport Beach Planning Commission Minutes August 21, 1997 behalf of Rite Aid, look forward to beginning construction and agrees to processing the lot line adjustment issues. SUBJECT: Animated Signs /Electronic Readerboard Signs A request for the Planning Commission to determine whether certain types of changeable copy signs, electronic readerboards, are animated signs. (Discussion) CommissionerAshley asked if staff had an opportunity to review the type of sign and the ordinances that would control interval by which the copy could be changed and whether information had been gathered from other municipalities regarding this issue. Ms. Temple answered that the applicant may have additional information as this particular technology is most predominately used by road agencies such as CalTrans for emergency readerboard signs. This is a relatively new technology that has not been addressed by code as a separate type. Commissioner Ridgeway received clarification on the determination of this • item. If interpreted as a flip disk changeable copy sign, then the applicant can seek approval through an Exception Permit. Staff is seeking a determination as to whether this particular technology would result in a sign that would be considered an animated sign and if so, animated signs are permitted through the approval of an Exception Permit. If it is not considered animated, than it would simply be an permitted sign. Public Hearing was opened. Jeffrey Stern, 2020 Marlin Way, applicant, with a demo in hand, explained that this is a use of an electronic public message service message and that the technology is regulated through the Federal Highway Administration or CalTrans regulations in many other cities. He continued, noting other locations in the nearby vicinity of this exact technology. The City has issued permits for light bulb time and temperature units on Pacific Coast Highway in Corona del Mar. He then proceeded to explain the technological aspects of this issue: • reflected ambient light during the day • reflectorized light from street lights or headlights after dark • internally illuminated • pixels work through software which allows availability to vary look and timing • message on for four seconds • sign is limited to letters and numbers • pixels in one color only and pixels could be formed in to non - animated . 8 INDEX Item 4 Animated Signs Determined to be animated • City of Newport Beach Planning Commission Minutes August 21, 1997 graphics • no scrolling available in this setup • approximately 50% of this copy will be as a public service message center messages could change every six seconds After a detailed discussion among the Commission, staff and the applicant regarding flashing versus animation, sign size, prohibited signs referred in the Municipal Code, parties who have a vested interest in this agreement with the Corona del Mar Chambers and Franklin Realty ownership of this sign. Public Hearing was closed. Staff ascertained that there are no restrictions other than in bus shelters and that no permits are required by CalTrans to regulate signs that are on private property. It was further determined that off site signs are not allowed without the approval of an Exception Permit. Information on flip disk sign technology was received in the Planning Department, which can present motion and special effects. Commission is not dealing with the applicant's product only but with the technology of flip disk which, based on research, are products which can present animation. • Motion was made by Commissioner Gifford that the Planning Commission interpretation of a flip disk sign is that it is an animated sign. Without objection, the motion carried by acclamation with Commissioners Fuller and Adams absent. SUBJECT: Mixed -Use Districts; Business Hours City of Newport Beach • Amendment No. 862 An amendment to Chapter 20.60 (Site Regulations) of Title 20 of the Municipal Code to add new Section 20.60.115 which will prohibit businesses located in mixed -use zoning districts from being open for business between hours of 2:00 a.m. and 5:00. Ms. Temple stated that this Amendment is to consider amending the Code to establish limitationsto business hours in commercial areas where residential uses are allowed. Upon review and research of permitted uses in retail districts, staff believes that there may be some uses where some special consideration for 24 hour operation could be made, i.e., all night pharmacies, convenience markets, emergency medical facilities, etc. Staff proposes to open public hearing to take testimony on the limitation of business hours from 2 a.m. to 5 p.m. and requests Commission to discuss potential concerns with the intent that • staff would have additional information to further analyze how best to regulate 9 INDEX Item 5 A No. 862 Continued to 9/18/97 • City of Newport Beach Planning Commission Minutes August 21, 1997 incompatible 24 hour operations within residential /commercial mixed use areas. The mixed uses are Cannery Village, Old Newport Specific Plan, Central Balboa Specific Plan, McFadden Square and some small commercial districts around Balboa Island and Island Avenue which are in the residential overlay district. Public Hearing was opened. Ken Robertson, 20862 Woodlea Lane, Huntington Beach spoke as a franchisee of 7-11 at 1920 West Balboa. He spoke in opposition to these hours of closure and how it would affect his business, particularly the financial arrangement between him and the Southland Corporation. Additionally, customers expect his store to be opened 24 hours. He concluded stated that if there are any problems or nuisances related to his business, he is willing to work with the City and his immediate neighbors to resolve them. Commissioner Gifford asked about the terms of his franchise agreement relating to legal requirements that would prohibit him from meeting the 24 hour requirement, and if there is any waiver if it is brought about by a legal requirement. • Mr. Robertson answered that in the agreement it states that even if its his choice or a city ordinance, it would have to be changed. It was clarified that a procedure for a waiver to the requirement if the ordinance as written is passed was not included and that any retail business that is not regulated by Use Permit can currently stay open 24 hours a day. Steve Jones, Market Manager of Southland Corporation which is the franchiser of the 7-11 stores spoke in opposition to this item. He stated that the reputation of 7 -11 is that they are open 24 hours and asks for an exemption if this amendment is passed. The Southland Corporation is the lessee of the property and the business is based on a 24 hour operation. A non 24 hour 7-11 would be damaging to the trademark as it is synonymous with 24 hour operation. The company is not aware of any complaints regarding that store and if there are, Southland Corporation is willing to deal with any issues. Martha Durkee, P. O. Box 3353 owner of a Laundromat at 502 -504 West Balboa, spoke in opposition to this amendment stating that her customers depend on the availability of use at any time during the evening. She continued stating that there are no residential facilities around her business. Public Hearing was closed. Motion was made by Commissioner Ridgeway to continue this item to September 18, 1997 to allow staff time to assimilate the public input and • Commission direction. 10 INDEX • City of Newport Beach Planning Commission Minutes August 21, 1997 Commission directed staff to include in the subsequent staff report for deliberation: • waiverprocess • uses automatically permitted to be open 24 hours • grandfatheringwithoutowaiver • police history Without objection, the motion carried by acclamation with Commissioners Fuller and Adams absent. SUBJECT: Service Stations /Convenience Markets City of Newport Beach • Amendment No. 863 An amendment to Chapter 20.80 and Chapter 20.03 of Title 20 of the Municipal Code to update regulations for service stations and to allow the co- development of convenience markets and eating and drinking establishments. • Assistant City Manager Sharon Wood excused herself from the deliberations due to a conflict of interest. Patrick Alford, Senior Planner presented the following information: this amendment prepared under the guidance of a subcommittee of Economic Development Committee (EDC) • Use Permits required for service stations by City since 1962 • add convenience markets and eating and drinking establishments to those land uses currently permitted with a use permit in association with service station • uses limited to sites with a minimum area of 30,000 square feet • convenience markets would also be required to have a minimum of 1,500 square feet of net public floor area • includes an exception to allow all service stations to have up to 50 square feet of floor area to be used for the display and sale of non - automotive merchandise and food and beverages. • criteria under which a use permit is required for an existing service station • an exception to allow minor maintenance (currently not technically permitted) • reduced setback for non - repair structures • revised minimum landscaping requirements to encourage more landscaping along the exterior perimeter of the site and to provide a more substantial buffer when the site adjoins a residential district. • Planning Commission authority to modify or waive any of the design and 11 INDEX Item No. 6 Continued to 10/9/97 . City of Newport Beach Planning Commission Minutes August 21, 1997 development standards revised definitions for zoning code terms related to these revisions. end de facto ban on all alcoholic beverage sales at service stations, removing this ban would allow service stations to sell beer and wine for off - site consumption amendment includes a set of controls for the sale of alcoholic beverages based on minimum conditions established by state Mr. Alford concluded his presentation by identifying that there are 4 existing service stations and corwash sites that are of sufficient size to meet the proposed minimum land area requirements for a convenience market and /or food service use. Discussion followed on ADT requirements with staff asserting that any project which generates more than 300 average daily trips requires a preparation of a traffic study. Based on the outcome of that study, if there is an impact to any individual intersection within the parameters of the ordinance, then a mitigation would be required. Public Hearing was opened. • Leslie Bilbro, representing Chevron Products Company located at 1300 South Beach Boulevard, La Habra spoke in favor of this issue. She noted that within the City of Newport Beach, service stations have dropped from 44 in 1971 to 17. This is a direct reflection of the change in the industry moving away from automotive services to an offering of convenience stores and quick service restaurants. The minimum lot size of 30,000 square feet and building size of 1,500 based on net public use would reduce the number of service stations in the city from 17 to 7. She asks that staff consider a reduction to the minimum of the lot size from 30,000 to 20,000 square feet which would allow up to 11 service stations with the added uses. She also asks that the minimum 1,500 square feet for the building based on net public use be reduced to 1,200 square feet based on gross square feet. These reductions would allow flexibility in designing buildings to be built on sites. Ms. Bilbro, at Commission inquiry, stated that most service stations are operated by independent dealers. Conversions from automotive services to food mart would be excluded from a number of stations due to the minimum lot size. Chevron has not completed conversions at present that fall under these guidelines (due to difference in lot size). Several sites were cited typifying replacement and /or renovation. Richard Luehrs, President of Chamber of Commerce, Chairman of EDC Marketing Committee spoke in favor of this proposal for the following reasons: founded or unfounded belief that prices of gasoline were kept high because of an unfair competitive disadvantage • . with the addition of a mini -mart or another service opportunity, the price of 12 INDEX • City of Newport Beach Planning Commission Minutes August 21, 1997 gasoline could be reduced therefore the consumer would receive that benefit • existing facilities in Newport Beach are not impressive with the size, style and operation and by opening a new business would encourage renewal or development of fueling operations Within the City • retain opportunities for employees and residents to re -fuel within the City rather than out of the City • may open up opportunity for marginally successful service stations to consider other alternatives to encourage sales • require a higher percentage of landscaping within some of the new facilities This particular industry came about as the focus of attention through general discussion of businesses. The size of the building and lot is appropriate recognizing that most of the facilities within the city are well short of the 30,000 square feet and many are under 20,000 square feet. EDC did not want an existing facility on a very small lot to start selling muffins, etc., but rather a comprehensive approach to fuel and mini -marts. EDC wanted to have a significant investment in the fueling operations within the City. Paul Loubet, Arco Products Company at 4 Center Pointe Drive, La Palma spoke • in support of this amendment. There is a significant correlation between having a store and the amount of gasoline that is pumped on the site as well as the price that can be charged for the gasoline. He stated examples between a few locations as being between 17 cents to 20 cents difference. Arco can not operate on Newport Beach real estate prices on gasoline alone. The lot and building size should be smaller. There have been no Arco stations in Newport Beach since 1972 and he expressed that Arco has an interest in coming into the market place. He then stated sites upon which there have been conversions of old service bays with approximately 2,000 square foot gross. He related that the shape of the parcel dictates what can be put on and that the minimum size store would be about 1,200 to 1,300 square feet gross. A new Arco standard building is 2,732 square foot on approximately 40,000 to 42,000 square feet of land. AM /PM carries cooler items and high end use of prepared foods. Example of new facility on 20,000 square feet or less are Valley View at Orange. He then spoke about the design criteria used for new locations. Mr. Doug Coulter, 21 Rue Foutaineblue, president of Canyon Mesa Community Association spoke in opposition to this issue recognizing the business thrust of the city. His expressed concern was the Texaco station that abuts to his property. Staff stated that the Big Canyon Planned Community Text states that site is intended solely for the development of the service station which would preclude all the accessory uses that might possibly be allowed in this amendment is approved. The property owner of that service station would have the ability to apply for an amendment to that zoning regulation. It would • be a separate application and hearing process. Mr. Coulter then expressed 13 INDEX City of Newport Beach Planning Commission Minutes August 21, 1997 concerns of noise, safety and the selling of liquor. Mr. Bernie Rome, 3 Pinehurst Lane, president of Big Canyon Community Association spoke in opposition to this issue due to inconvenience to residences that border the gas stations, no provision for control if rules are violated, and fast foods next to residential areas should not be allowed. Eric Cahn, 2200 Port Lerwick spoke in support of the amendment stating that if more gas stations are allowed in the city, then both the citizens and city benefit through lower prices and revenues received. The current ordinances prevents stations from remodeling to allow convenience stores which would modernize and improve appearances. He encouraged the Commission to set this amendment as a guideline and allow accommodationfor individual situations. Discussion ensued regarding new building versus remodeling, pumping facilities only, individually owned operation /facilities, profitability, volume, tank storage, and remediation. Public Hearing was closed. Motion was made by Commissioner Ridgeway to continue this item to allow staff to gather information on why service stations are closing and to look into an FAR standard looking at 24,000 square foot land area as opposed to 30,000 square foot. Commissioner Gifford stated that in terms of why service stations are closing is not exclusive to the city, rather our issue is a reduced service of gasoline within the city and how can we remedy that. Ms. Temple stated that staff does not have the technical capability to do this type of marketing analysis, and would have to retain professional help. Commissioner Selich stated that EDC and BPPAC tried to obtain this same information and were unsuccessful. Chairperson Kranzley stated that he would like to continue this item and that the core issue is whether this use is a viable use in Newport Beach and if it is compatible. Discussion continued on the size of lots, FAR's and landscape issues. Commission then directed staff to obtain information to produce a set of options regarding site size, building size and perhaps some additional review flexibilityof projects outside those standards and specific design criteria such as landscaping and setbacks contained in the ordinance are sufficient or if they need additional work. Commissioner Ridgeway asked for a distinction to be made between remodel 14 INDEX . City of Newport Beach Planning Commission Minutes August 21, 1997 11121010 and new construction due to the dollar amount of investment. Without objection, the motion amended with specific staff directives carried by acclamation with Commissioners Fuller and Adams absent. ADDITIONAL BUSINESS: Additional Business a.) City Council Follow -up - Oral .report by the Assistant City Manager regarding City Council actions related to planning - Ms. Temple reported that at the meeting on August 1 lth, the City Council approved Without comment the Amendment to the Newport Place Planned Community and, the suggestion to retain a consultant regarding the Mariner's Mile area was continued for furtherwork on the RFP. b.) Oral report by the Planning Director regarding the approval of Outdoor Dining Permits, Planning Director's Use Permits, Modification Permits and Temporary Use Permits - Accessory Outdoor Dining Permit No. 33 was issued for 205 Main Street, and Accessory Outdoor dining Permit No. 35 was issued for 353 East Coast Highway. Planning Directors Use Permit No. 10 was issued for 243 Ocean View Avenue. Modification Permits were issued for 2908 Cliff Drive,101 North Bay Front, 1946 Port Locksleigh Place, 639 Cameo Highlands, and 207 Tustin Avenue. Condominium Conversion Permit No. 24 was issued for 510 Fernleof Avenue. Follow -up report on ATM installations - Ms. Temple reported that so long as the ATM's are provided as a convenience for patrons within the structure it would not constitute a change in the operational characteristics. However, if it becomes more of an involved operation, then a review of the permit may be required. C.) Oral report from Planning Commission's representative to the Economic Development Committee- none. d.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - none. e.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - Chairperson Kranzley asks for a discussion item on the business order of Planning Commission meetings. f.) Requests for excused absences - Commissioner Gifford excused from September 18 +h meeting. 15 City of Newport Beach Planning Commission Minutes August 21, 1997 ADJOURNMENT: 11:10 p.m. THOMAS ASHLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • 16 INDEX