Loading...
HomeMy WebLinkAbout08/22/1991COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: August 22 1991 CITY OF NEWPORT BEACH MINUTES _RW CALL INDEX Present All Commissioners were present. (Commissioner Pomeroy arrived at 7:37 p.m.) x x x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x x x William R. Laycock, Current Planning Manager Patricia Temple, Advance Planning Manager John Douglas, Principal Planner Patrick Alford, Senior Planner • Don Webb, City Engineer Dee Edwards, Secretary x x x Minutes of August 8. 1991: minutes of 8/S/91 Motion * Motion was made and voted on to approve the August 8, Ayes * 1991, Planning Commission Minutes. MOTION CARRIED. Abstain Absent * x x x Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. x x x • COMMISSIONERS o�0 � ��,� Am \0 5\ q� \ August 22, 1991 MINUTES CITY OF NEWPORT BEACH RMICALL 11 Jill I INDEX Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, August 16, 1991, in front of City Hall. x x x Request for Continuances: Request for Mr. Hewicker stated that the applicants, Wayne and Marianne Continue Zippi, have requested that Item No. 3, Resubdivision No. 965, regarding property located at 420 East Bay Avenue, be removed from calendar. Motion Motion was made and voted on to remove Item No. 3 from Ayes * * * * * calendar. MOTION CARRIED. Absent x x s Resubdivision No. 964 (Continued Public Hearing) Item Ao.l 8964 Request to resubdivide two existing lots into a single parcel of land for commercial purposes on property located in the 'Retail and Service Commercial' area of the Cannery Village /McFadden Approved Square Specific Plan Area. LOCATION: Lots 17 and 18, Tract No. 814, located at 2116 Newport Boulevard, on the southeasterly corner of Newport Boulevard and 22nd Street in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Crab Cooker of Newport, Inc., Newport Beach OWNER: Robert Roobian, Newport Beach . ENGINEER: Alpine Consultants, Inc., Laguna Hills -2- COMMISSIONERS \!0 V \ Am August 22, 1991 CITY OF NEWPORT BEACH MINUTES RME CALL INDEX Don Webb, City Engineer, stated that the subject gas meter currently encroaches into a public right -of -way, and if the gas meter would be relocated adjacent to the parking spaces at the rear of the building, there would be sufficient room behind the parking spaces to keep the gas meter out of the public right -of -way and out of sight. He also explained that the Public Works Department has a tentative improvement project consisting of resurfacing of streets in The Arcade area, and on that basis, staff has suggested the following revised Condition No. 4, Exhibit "A ": "That the owner be required to provide a new electrical service and stub -out for future undergrounding of overhead utilities at this time and that the owner underground the overhead utilities serving the site when the City redevelops The Arcade area (in approximately 1 year). A surety shall be provided to guarantee undergrounding of these overhead utilities." He explained that the applicant would post a bond, and the electrical grounding would occur at the time the work was being done in The Arcade area. In response to a question posed by Chairman Di Sano, Mr. Webb affirmatively replied that the Zoning Code requires the improvements be addressed at this time. The public hearing was opened in connection with this item; and Mr. Todd Schooler, 500 North Newport Boulevard, architect, appeared before the Planning Commission. Mr. Schooler addressed Condition No. 3, Exhibit "A", regarding the relocation of the foregoing gas meter, and Condition No. 4, regarding dergrounding the overhead utilities. He distributed photographs of previously approved Modifications projects depicting residential remodels comparable to the subject request, and he explained that he Public Works Department usually requires right -of -way and utility requirements during new construction. Mr. Schooler explained that the remodels had new services installed and the utilities remained overhead. Mr. Schooler stated that he contacted wilding inspectors located in several Orange County cities regarding overhead utilities and he was informed of their undergrounding requirements. He indicated that the Newport Beach Municipal Code, Underground Utilities, requests that new electrical service go underground; however, be was informed by a Building Inspector that there are exceptions to remodeled buildings depending upon the location of the power poles. Mr. Schooler . stated that the undergrounding of the subject utilities could occur when the entire area is undergrounded. 3 COMMISSIONERS \ I \ a h 0 1 \�\N August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Mr. Schooler referred to the photographs depicting the location of the gas meter wherein he pointed out that the gas meter is located adjacent to an alcove, and the Spaghetti Factory Restaurant's gas meter is located on the sidewalk on Newport Boulevard. He suggested that the subject gas meter could be enclosed with a guard rail at the present location, similar to the Spaghetti Factory's gas meter. Mr. Schooler addressed revised Condition No. 3, Exhibit "A ", stating'"nat the existing gas meter, located in the public sidewalk on the northerly side of the building be relocated to the easterly side of the building in a location acceptable to the Southern California Gas Company and the Public Works Department; and that the existing drive apron be removed and replaced with curb, gutter and sidewalk along the 22nd Street frontage. All work shall be completed prior to recordation of the parcel map or issuance of any building permits and shall be completed under an encroachment permit issued by the Public Works Department." . Mr. Schooler requested a clarification of the location of the driveway approach, and Mr. Webb explained that the drive apron that is not going to be adjacent to a door or driveway be removed. Mr. Schooler and Mr. Webb discussed the feasibility of modifying the foregoing condition allowing flexible use of the driveway. In response to a question posed by Chairman Di Sano, Mr. Schooler opposed Conditions No. 3 and No. 4, in Exhibit "A ", as modified by the Public Works Department. Mr. Schooler opposed Condition No. 4 based on the Public Works Department's proposed street improvements within one year, and staffs desire to only require the applicants to underground the utilities and not the adjacent property owners. He explained that if the building did not cross a property line, a resubdivision would not be required, and the applicants would not be required to underground the utilities. Commissioner Merrill responded that the requested subdivision allows the City to apply requirements that would improve the property. Mr. Hewicker responded that the Cannery Village /McFadden Square Specific Area Plan was designed to upgrade the area. In response to a question posed by Commissioner Gross, Mr. Webb responded that the Municipal Code does not distinguish between -4- COMMISSIONERS in August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX new construction and remodel, and staffs recommendations are conditions that would be required on any subdivision. Commissioner Pomeroy addressed the requirement that any alterations to existing structures that cross property lines in excess. of $5,000.00 in any one year period shall not be permitted until such time as said lots or parcels shall have been resubdivided into a single building site, and he pointed out that the. $5,000.00 has not been adjusted since 1975. Mr. Schooler stated that if the applicants would be required to relocate the gas meter, it would fit comfortably in the alcove area adjacent to 22nd Street, and would be the most cost effective area. In response to a question posed by Commissioner Merrill, Mr. Schooler stated that the gas meter would be relocated completely out of the public right -of -way, and would not require any guard rails or posts. Mr. Webb stated that staff suggested that the gas meter be relocated to the rear of the building inasmuch as it would . be out of sight. Mr. James Wasco, the applicant's representative, 2200 Newport Boulevard, appeared before the Planning Commission. Mr. Wasco stated that the applicants may find that it is cost prohibitive to help clean up the McFadden Square area, and he distributed photographs depicting wires located on power poles. He explained that it would cost $10,000 to underground 3 wires, the street and sidewalk would have to be torn up, and 17 wires would remain on the power pole. Mr. Wasco stated that to underground 3 wires would not be cost effective, and the requirement would place a burden on the project. Mr. Wasco stated that there has never been a claim against the City since the existing gas meter was installed in 1926 at the present location. He explained that a guard rail surrounding the gas meter would not be expensive to install, and would serve the same purpose if the meter would be relocated. Mr. Wasco explained that the Spaghetti Factory's gas meter encroaches 24 inches onto the public rigbt -of -way. In response to a question posed by Mr. Wasco with respect to the • legality of adding a separate and non - related condition 'piggy- backing' to an original condition wherein he referred to the -5- COMMISSIONERS 0 01 August 22, 1991 MINUTES CITY OF NEWPORT BEACH _RME CALL INDEX foregoing Condition No. 3, Robin Flory, Assistant City Attorney, explained the amending of conditions until final approval by the Planning Commission. Mr. Wasco stated that the existing driveways are in use, and will remain until further notice. In response to a question posed by Commissioner Debay, Mr. Wasco stated that the applicants are not opposing Condition No. 4, regarding the undergrounding of utilities, but they are requesting that the undergrounding occur when the poles are undergrounded in the entire area. He opposed staffs request to underground the wires when street improvements are made in approximately 1 year. Mr. Webb explained the foregoing Condition No. 4, addresses only the repaving and installation of additional drainage facilities in The Arcade area, and the existing poles would remain. He said that there is not a current program to consider the undergrounding the utiities in the area inasmuch as it would require an Assessment District, and an agreement of 60 percent of all of the property owners in the area. • In response to a question posed by Commissioner Gross, Mr. Webb indicated that if the Planning Commission approved the foregoing Condition No. 4, the applicants would be required to provide a surety for one year, or a two year term depending upon authorization by the City Council to provide funds for The Arcade improvements. Commissioner Gross stated that the applicant provided incorrect information regarding the location of the gas meter at the Planning Commission meeting of August 8, 1991. In response to a question posed by Commissioner Gross, Mr. Wasco replied that the applicants would agree to relocate the gas meter in the alcove adjacent to 22nd Street, if necessary. Commissioner Edwards and Ms. Flory discussed the feasibility of a condition that would hold the City harmless, and the installation of a guard rail if the gas meter would be relocated to the alcove. Commissioner Glover stated that the City requires the majority of all commercial property owners to underground utilities for the purpose of improving the areas when a property is improved. Mr. Wasco responded that a previously stated engineering firm's estimate to underground the utilities was $10,000.00, and said • estimate was corrected to $8,000.00 by Jim Palmer of the Edison Company. He expressed a desire to assist in the beautification of -6- COMMISSIONERS August 22, 1991 CITY OF NEWPORT BEACH MINUTES RME CALL INDEX the City by undergrounding the utilities; however, be said the requested conditions would not totally beautify the area.. Chairman Di Sano explained that one property owner could initiate the beautification of the area by undergrounding 3 wires and eliminating 3 wires from the power pole, and further requests by adjacent property owners would eventually eliminate all of the wires and remove the power pole. He said that undergrounding in an Assessment District is very difficult and it would take years to complete the act. Mr. Wasco explained that to underground the 3 wires would necessitate tearing up streets and sidewalks, and that would not beautify the area. Commissioner Gross supported the relocation of the gas meter to the alcove area wherein Mr. Wasco concurred. Mr. Webb revised the foregoing Condition No. 3, Exhibit "A ", as previously requested during the public hearing as follows: "...curb, gutter and sidewalk along the 22nd Street frontage 'if the drive approach is no longer used to provide access to the site for parking, or is blocked by onsite designated parking places." Mr. Webb explained that the driveway would be closed if it is no longer needed as a driveway, and if the site plan is developed as shown on the plan with 3 perpendicular parking spaces, then the driveway would need to be closed because there would be designated parking spaces and there would be no need for a driveway going into the side of an automobile. Mr. Wasco concurred with the modified condition. Mr. Wasco and Commissioner Merrill addressed the number and types of utility services that come from the Crab Cooker Restaurant, the subject site, and adjacent properties to the power pole. Mr. Schooler reappeared before the Planning Commission wherein he addressed Commissioner Glover's previous statement regarding the requirement for commercial development to. underground the utilities as projects are approved. Mr. Hewicker replied that the Municipal Code provides that single family dwellings and duplexes that cross property lines are allowed to record a covenant to hold • parcels as a single building site, and multi - family dwellings and industrial and commercially zoned properties are specifically -7- COMMISSIONERS August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX required to go through resubdivision procedures if buildings cross property lines for the purpose of giving the City the opportunity to require improvements that are needed in the older sections of the City. Mr. Schooler concluded that the Planning Commission should consider the Building Inspectors' statements with respect to considering the similarity of commercial and residential improvements. Mr. Wasco reappeared before the Planning Commission wherein he was advised of the applicant's rights in the event the Planning Commission would approve conditions to the project that he opposed, and he requested an explanation of the proper procedure to reconsider the allowable $5,000.00. Mr. Hewicker explained that either the Planning Commission or the City Council could initiate an amendment to the Municipal Code. There being no others desiring to appear and be heard, the public hearing was closed at this time. • In response to a question posed by Commissioner Glover, Ms. Flory explained that the Planning Commission is required to make findings for denial as indicated in the staff report. Motion * Motion was made to approve Resubdivision No. 964 subject to the findings and conditions in Exhibit "A ", including revised Condition No. 3, stating "that the gas meter be relocated to the alcove" and that the following be added to said condition in accordance with Mr. Webb's suggestion "..along the 22nd Street frontage if the drive approach is no longer used to provide access to the site for parking or is blocked by onsite designated parking places. All work shall be completed.." The maker of the motion suggested that Condition No. 4, stating "That the owner be required to provide a new electrical service and stub -out for future undergrounding of overhead utilities at this time.. ", be modified and delete "and stub - out for future undergrounding of overhead utilities at this time, etc. ", indicating that the applicant will provide undergrounding when it is determined that the existing power poles shall be undergrounded. Commissioner Glover opposed the motion based on the City's • desire to upgrade the older areas of Newport Beach, and she said the City has a method to improve said areas by imposing conditions -8- COMMISSIONERS August 22, 1991 MINUTES CITY OF NEWPORT BEACH RME CALL INDEX on property owners that would require the improvements. She said that she opposed the requested deletions to Condition No. 4. Commissioner Merrill requested a clarification of Modification No. 3819 that was approved by the Modifications Committee on March 7, 1991. William Laycock, Current Planning Manager, explained that said Modification refers to encroachments into the required setbacks on Newport Boulevard. He explained that the Modifications Committee allowed specific encroachments into the setback, and the applicants have not begun construction on the approved improvements. Commissioner Gross suggested that the maker of the motion modify Condition No. 3, adding that the gas meter does not extend beyond the tangent line and that it does not encroach into the public right -of -way. The maker of the motion agreed to the foregoing recommendation. Commissioner Pomeroy supported Commissioner Glover's • foregoing comments regarding the improvement to the area; however, he said that the applicant is only required to apply for a resubdivision because the cost of the remodel is in excess of $5,000.00, and he stated that the removal of 3 lines from the power pole is an inappropriate requirement considering the size of the remodel. Commissioner Pomeroy stated that the City has an obligation to make the Ordinances consistent with changes in the City, and he would like to address consideration of an amendment to the Ordinance with respect to the allowable $5,000.00. He supported the motion. Commissioner Edwards stated that he would support the motion with the exception that he opposed Condition No. 4 as suggested by the maker of the motion. He explained that the condition should impose or guarantee the undergrounding of the utilities, or at least the funds should be available to pay for the improvements. Mr. Hewicker referred to Condition No. 5, Modification No. 3819, stating "That the existing driveway on 22nd Street shall be closed and replaced by curb, gutter and sidewalk. All work shall be done with an encroachment permit, issued by the Public Works • Department, prior to the building permit final inspection. ", and he inquired if the applicants intend to use the modification. The public -9- COMMISSIONERS \ o ee\N \ August 22, 1991 MINUTES CITY OF NEWPORT BEACH RME CALL INDEX hearing was reopened, and Mr. Schooler and Mr. Wasco reappeared before the Planning Commission wherein they advised that it would determine if a door remains on the 22nd Street frontage of the property. The public hearing was closed at this time. Ms. Flory addressed the Planning Commission's consideration not to require undergrounding at this time wherein she explained that said request would constitute a waiver of the Municipal Code to require undergrounding. She explained that the City is able to require undergrounding in the event the Assessment District is proposed at a future time; however, she said if the majority of property owners protest, undergrounding would not be possible even at that time. Chairman Di Sano opposed the motion based on the Subdivision Code requirements and his support to underground the overhead Oes utilities. Noes * * * The foregoing motion was voted on, MOTION DENIED. Motion * Motion was made to approve Resubdivision No. 964 subject to the findings and conditions in Exhibit "A ", modify Condition No. 3 as previously suggested by Mr. Webb and Commissioner Gross, and Condition No. 4 be modified to include the undergrounding of the electrical service and other overhead utilities. Commissioner Merrill explained that Condition No. 4 would be modified to include all undergrounding of utilities. Mr. Webb suggested that Condition No. 4 be modified to state "..that the owner underground 'all' the overhead utilities... ". The public hearing was reopened at this time. Mr. Wasco reappeared before the Planning Commission wherein he requested a clarification as to when the surety would need to be provided, and if the applicant did not record the parcel map, would the surety be required. Mr. Webb explained if the applicant did not record the parcel map the surety would not be required inasmuch as the applicant would not be exercising the resubdivision. The . surety is normally collected at the issuance of a building permit. The public hearing was closed at this time. -10- COMMISSIONERS August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Commissioner Pomeroy and Commissioner Merrill discussed the Ordinance that requires that where a building crosses an existing property line, any alterations to existing structures in excess of $5,000.00 in any one year period shall not be permitted until such time as said lots or parcels shall have been resubdivided into a single building site. Commissioner Pomeroy requested that the Planning Commission consider an amendment that the allowable $5,000.00 be adjusted to today's dollar value. The foregoing motion was voted on to approve Resubdivision No. * * * * * * 964 subject to the findings and conditions in Exhibit "A ", including Ayes Noes the aforementioned modified Conditions No. 3 and No. 4. MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to occupancy. The parcel map shall be prepared so that the bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 2. That all improvements be constructed as required by • Ordinance and the Public Works Department. -11- COMMISSIONERS o c Y o� �o 1 1 August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX 3. That the existing gas meter, located in the public sidewalk on the northerly side of the building, be relocated to the alcove on the northerly side of the building provided that the meter shall not encroach into the public right -of -way on 22nd Street, or that the meter shall not extend beyond the tangent line defining said alcove; and that the existing drive apron be removed and replaced with curb, gutter and sidewalk along the 22nd Street frontage if the drive approach is no longer used to provide access to the site for parking, or is blocked by onsite designated parking places. All work shall be completed prior to recordation of the parcel map or issuance of any building permits and shall be completed under an encroachment permit issued by the Public Works Department. 4. That the owner be required to provide a new electrical service and stub -out for future undergrounding of overhead utilities at this time and that the owner underground all the • overhead utilities serving the site when the City redevelops The Arcade area (in approximately 1 year). A surety shall be provided to guarantee undergrounding of these overhead utilities. 5. That the trash containers be stored on -site where they will not block public parking spaces. 6. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 7. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. -12- COMMISSIONERS A Q 0 o`` lee' August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Resubdivision No. 966 (Continued Public Hearine) item No Request to resubdivide two existing lots into two parcels of land for R966 two - family residential condominium development on property located in the R -2 District. Approved LOCATION: Lots 3 and 4, Tract No. 27, located at 3301 and 3305 Clay Street, on the northwesterly corner of Clay Street and Bolsa Avenue, in Newport Heights. ZONE: R -2 APPLICANT: Vance Collins, Newport Beach OWNER: Same as Applicant ENGINEER: RdM Surveying, Inc., Costa Mesa iThe public hearing was opened in connection with this item, and Mr. Vance Collins, applicant, appeared before the Planning Commission. In response to a question posed by Chairman Di Sano, Mr. Collins concurred with the findings and conditions in Exhibit "A' with the exception that he requests that the Planning Commission approve a 5 foot wide sidewalk adjacent to the curb. Mr. Collins described the 4 foot, 5 foot and 7 foot wide sidewalks on Clay Street, Bolsa Avenue, Broad Street, and Westminster Avenue. Don Webb, City Engineer, explained the diagram attached to the staff report depicting the sidewalk widths in the area. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pomeroy stated that based on a walking tour of the area, he opposed a 7 foot wide sidewalk adjacent to the curb inasmuch as it would be unattractive and would not benefit the neighborhood. He stated that a 5 foot wide sidewalk at the curb and parkway landscaping would enhance the street. • Commissioner Gross addressed the numerous widths of sidewalks in the area, and he agreed with statements previously expressed by -13- COMMISSIONERS \04 August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL. INDEX Commissioner Glover at the August 8, 1991, Planning Commission meeting, that she would prefer no sidewalks in the area. He supported at 5 foot wide sidewalk back of curb, or no sidewalk. Chairman Di Sano stated that after he toured the area he became cognizant of the different sidewalk widths in the neighborhood. motion * Motion was made to approve Resubdivision No. 966 subject to the findings and conditions in Exhibit "A", modifying Condition No. 7 to "5 feet wide adjacent to the curb ". Commissioner Glover supported the motion on the basis that a 5 foot wide sidewalk adjacent to the curb would help beautify the neighborhood, and the applicant's sensitivity to the area. . Ayes Noes * Motion was voted on, MOTION CARRIED. FINDINGS: • 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITION 1. That a parcel map be recorded prior to occupancy. That the parcel map be prepared so that the bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 2. That all improvements be. constructed as required by Ordinance and the Public Works Department. -14- COMMISSIONERS Ah August 22, 1991 CITY OF NEWPORT BEACH MINUTES RMT CALL INDEX 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to the completion of the public improvements. 4. That each dwelling unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. The sewer laterals be installed per Costa Mesa Sanitary District standards. 5. That the intersection of the private drives and the public streets be designed to provide sight distance at a speed of 30 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. 6. That a 15 foot radius corner cutoff at the comer of Bolsa Avenue and Clay Street shall be dedicated to the public. 7. That the existing deteriorated curb, and sidewalk improvements be reconstructed with curb, gutter, sidewalk (5 feet wide, adjacent to the curb) and asphalt pavement along the Bolsa Avenue and Clay Street frontages; that the curb return at the intersection of Clay Street and Bolsa Avenue be reconstructed to a twenty -five foot radius with a curb access ramp included in the design. The curb return shall incorporate a cross gutter construction. The design of the proposed street improvements may require adjustments in grade to match existing grade. All improvements shall be completed under an encroachment permit issued by the Public Works Department or signed plans. 8. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 9. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain -15- COMMISSIONERS � - \ lee August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX facilities for the on -site improvements prior to recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That the site be graded to drain to a street unless drainage easements are provided to allow drainage to cross private property. 10. That County Sanitation District fees be paid prior to issuance of any building permits 11. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 12. That overhead utilities serving the site be undergrounded to • the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 13. That the ivy be removed from the power pole on Clay Street. 14. That a park dedication fee for two dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code. 15. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • -16- COMMISSIONERS d August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Resubdivision No. 965 (Public Hearing) Item No.3 Request to resubdivide an existing lot into a single parcel of land 8965 for two - family residential condominium development on property located in the R -2 District. Removed from Calendar LOCATION: Lot 21, Block 2, Balboa Bayside Tract, located at 420 East Bay Avenue, on the northerly side of East Bay Avenue, between Cypress Street and Adams Street, on the Balboa Peninsula. ZONE: R -2 APPLICANTS: Wayne and Marianne Zippi, Walnut OWNERS: Same as Applicant • ENGINEER: Alpine Consultants, Inc.,Laguna Hills James Hewicker, Planning Director, stated that the applicant has requested that Resubdivision No. 965 be removed from calendar. Motion * Motion was made and voted on to remove Resubdivision No. 965 Ayes * * * * from calendar. MOTION CARRIED. Absent s s s Resubdivision No. 967 (Public Hearing) Item No.4 Request to resubdivide an existing lot and a portion of a second lot 8967 into a single parcel of land for two - family residential condominium development on property located in the R -2 District. Approved LOCATION: Lot 20 and a portion of Lot 22, Block 237, Corona del Mar, located at 318 Jasmine Avenue, on the southeasterly side of Jasmine Avenue, between Seaview Avenue and Bayside Drive, in Corona del Mar. ZONE: R -2 17 COMMISSIONERS \04 i August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX APPLICANT: Damir Aujaghian, Corona del Mar OWNER: Same as Applicant ENGINEER: Robin B. Hamers and Associates, Costa Mesa The public hearing was opened in connection with this item, and Mr. Damir Aujaghian, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A ". Mr. Carl Carstensen, 310 Jasmine Avenue, appeared before the Planning Commission. Mr. Carstensen stated that he had concerns that the project would not provide street parking and the access would only be in the alley. In response to comments expressed by Mr. Carstensen regarding the lack of parking in the area, Commissioner Pomeroy explained that the Planning Commission has concerns regarding parking and the parking requirement has been increased from 1.5 parking spaces per dwelling unit to 2 • arking spaces per dwelling unit. 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 Resubdivision No. 967 All Ayes ub.ect to the findings and conditions in Exhibit "A ". MOTION CARRIED. NDIN 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. That the proposed resubdivision presents no problems from a planning standpoint. 3. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section • 66415 of the Subdivision Map Act. -18- COMMISSIONERS \G,p August 22, 1991 CITY OF NEWPORT BEACH MINUTES RMF CALL INDEX CONDITIONS: 1. That a parcel map be recorded prior to occupancy. That the parcel map be prepared so that the bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility. of the developer. 5. That all vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council. 6. That County Sanitation District fees be paid prior to issuance of any building permits 7. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state • and local requirements. -19- COMMISSIONERS "I �� 0 August 22, 1991 CITY OF NEWPORT BEACH MINUTES .RMECALL INDEX 8. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 9. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 10. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 11. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Exception Permit No. 42 (Discussion) item No. s • Request to retain an existing as -built off -site directional sign for the EP42 Newport Landing Restaurant and Sportfishing facility on property located in the C -1 District. Denied LOCATION: Lot 13 -16, Block 5, Balboa Tract, located at 510 East Balboa Boulevard, on the northwesterly corner of Palm Street and East Balboa Boulevard, in Central Balboa. ZONE: C -1 APPLICANT: Newport Landing Restaurant and Sportfishing, Irvine OWNER: Thomas Lewis, Balboa No one appeared before the Planning Commission to represent the applicant. Chairman Di Sano stated that the directional sign is a traffic and • pedestrian hazard inasmuch as it blocks and obstructs views. 20 COMMISSIONERS Am \0 'lee August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX In response to a question posed by Commissioner Debay, Don Webb, City Engineer, explained that staff does not object to the sight distance because the angle of the street allows visibility behind the sign. He further explained that staff is concerned with the arrow that points toward the parldng structure, and he said that the arrow may encourage an illegal left turn onto Palm Street between 10:00 a.m. and 5:00 p.m. Commissioner Debay referred to the letter from the Balboa Peninsula Point Association dated August 22, 1991, stating the Association's opposition to the requested off -site sign. On the basis of staffs recommendations, Commissioner Pomeroy Motion made a motion to deny Exception Permit No. 42 subject to the findings and conditions in Exhibit "B ". In response to a question posed by Commissioner Gross, Robin Flory, Assistant City Attorney, explained that the applicant will be required to remove the sign after the end of the 21 day appeal period, unless the application is appealed to the City Council. All Apes Motion was voted on, MOTION CARRIED. FINDINGS: 1. That the Planning Commission determined that in this case, the location of the as-built sign would be detrimental to persons, property and improvements in the neighborhood, and that the applicant's request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 2. That there are no exceptional or extraordinary circumstances involved with the property which make the signage necessary to achieve the identification of the Newport Landing Restaurant and Sportfishing facility. 3. That the Municipal Code and the previously approved Exception Permit No. 30, provide for adequate signage for the identification of the Newport Landing Restaurant facility • as well as all other businesses in the Edgewater Place/ Newport Landing Complex. -21- COMMISSIONERS August 22, 1991 CITY OF NEWPORT BEACH MINUTES RME CALL INDEX 4. That no other facility in the area has signage as requested at an off -site location. 5. That the existing generic directional sign provided on public property gives adequate direction to the location of "Parking, Restaurants, Shops and Sportfishing" without encouraging any illegal vehicular maneuverability at the corner of Palm Street and East Balboa Boulevard. 6. That approval of this request could set a precedent for future applications for off -site directional signs in the area. The Planning Commission recessed at 9:05 p.m. and reconvened at 9:15 p.m. • Use Permit No. 3110 Amended (Public Hearing) Item No.6 Request to amend a previously approved use permit that permitted UP3 10A the addition of on -sale beer and wine and tandem parking spaces to an existing take -out restaurant in the "Specialty Retail" area of Approved the Cannery Village /McFadden Square Specific Plan Area. The proposed amendment involves a request to convert an existing second floor storage area into additional seating area to be used after 6:00 p.m. daily whereas the existing use permits allows no further expansion of the existing seating area. LOCATION: Lot 2, Block 431, Lancaster's Addition, located at 3112 Newport Boulevard, on the easterly side of Newport Boulevard, between 31st Street and 32nd Street, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANTS: Mark Willhoit and Ed O'Neill, Newport Beach • OWNER: Robert Mah, Huntington Beach -22- COMMISSIONERS August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Commissioner Debay questioned if a past Planning Commission can bind the future for a future Planning Commission. She referred to Finding No. 4, for denial Exhibit 'B ", stating "...that said expansion would not result in any future increase in the seating area of the take -out restaurant." Robin Flory, Assistant City Attorney, explained that there was an intent in the previous approval and the existing Planning Commission, if Exhibit 'B" is approved, would have taken said finding into consideration. In response to a question posed by Commissioner Edwards with respect to the waiver of a parking lot illumination, Ms. Flory explained that she was not aware of any accidents in the parking lot. The public hearing was opened in connection with this item, and Mr. Chris Colvin, 858 Production Place, . appeared before the Planning Commission on behalf of the applicant, and he concurred with the findings and conditions in Exhibit W. Mr. Colvin addressed the applicant's request for additional seating inasmuch as it would not increase the gross floor area, and there would be a better distribution of seating than in the existing area. He stated that the merchants in the area have depended upon the on -street parking, and including 32nd Street and Newport Boulevard, there are 57 parking spaces available to the take -out restaurant. Mr. Colvin stated that customers do not park their automobiles over a long period of time based on the restaurant's style of operation, and many of the customers walk to the restaurant. He pointed out that many of the neighboring businesses close at 6:00 p.m. and after 6:00 p.m. there is a significant increase in available parking spaces. Mr. Colvin concluded that the take -out restaurant would not adversely intensify the use of the neighborhood's resources. In response to a question posed by Commissioner Debay with respect to the requirement of an additional second floor exit, Mr. Colvin explained that he is aware of the Fire and Building Departments' requirement that an additional second floor exit be provided to the ground floor; however, he said that he has not had an opportunity to plan the additional second floor exit. In response to a question posed by Commissioner Edwards with respect to a former pizza take -out restaurant located at the subject site, Mr. Colvin stated that if the Planning Commission approved -23- COMMISSIONERS Pp P� e August 22, 1991 CITY OF NEWPORT BEACH MINUTES ROrL CALL INDEX the subject application, as requested, the subject take -out restaurant would be approximately 100 square feet larger than the former pizza take -out restaurant. Mr. Colvin further replied that the applicants spoke with adjacent businesses and they are in support of the request. Mr. Ed O'Neill, applicant, appeared before the Planning Commission, and he presented a letter of support from the owner of D. P.'s Restaurant located adjacent to the subject site. Mr. O'Neill stated that the second floor seating area would be aesthetically pleasing to the customers. Mr. Mark Willhoit, applicant, appeared before the Planning Commission, and he indicated that the second floor seating area would be a popular seating area for their customers and would help streamline their business. He said that their peak business hours are from 7:30 p.m. to 9:00 p.m., and the second floor seating area would allow additional space on the first floor for the customers . coming to the restaurant to pick up their take -out orders. 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. 3110 (Amended) subject to the findings and conditions in Exhibit "A ". Commissioner Merrill stated his concerns with respect to the shortage of parking spaces in the City Hall area. Don Webb, City Engineer, responded that there are time periods when there is adequate parking in the area with the exception of during the day on week days and weekends. In response to questions posed by Commissioner Merrill with respect to the take -out restaurant operation and adequate parking, James Hewicker, Planning Director, responded that the restaurant's operational characteristics may have changed; however, he explained that under the restaurant standards, the Planning Commission has the option to waive parking regardless of the type of restaurant. Commissioner Merrill expressed his concern with • respect to waiving parking. -24- COMMISSIONERS 11 ah \01, August 22, 1991 CITY OF NEWPORT BEACH MINUTES ROrL CALL I I JJJ 1 INDEX Chairman Di Sano stated that the applicants will be required to provide an additional second floor fire exit prior to obtaining a Building Permit in accordance with Condition No. 4, Exhibit 'W'. Commissioner Debay supported the motion on the basis that the parking is adequate for the take -out restaurant. Ayes * * * * * Motion was voted on, MOTION CARRIED. Noes Findings: 1. That the proposed project is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That the additional requested seating area in the take -out restaurant will not be used until after 6:00 p.m. daily when there is a greater amount of available on- street parking in the area. That the Planning Commission has previously waived the restaurant development standards pertaining to walls, landscaping, utilities, parking lot illumination, a portion of the required off - street parking, circulation and building setbacks. 4. The approval of Use Pernut No. 3110 (Amended) under the circumstances of this case will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the subject project shall be in substantial conformance with the approved site plan and restaurant floor plans. 2. That all previous applicable conditions of approval of Use Permit No. 3110 as approved on August 9, 1984 and Use Permit No. 3110 (Amended) as approved on August 22, 1985, shall be fulfilled and shall remain in effect. -25- COMMISSIONERS Am \0 August 22, 1991 MINUTES CITY OF NEWPORT BEACH R07CL CALL INDEX 3. That a maximum of 3 tables and 12 chairs shall be permitted in the second floor seating area. 4. That the applicant shall provide the required fire exiting from the second floor seating area as required by the Fire Department. 5. That the second floor seating area shall not be used until after 6;00 p.m. daily. 6. That the applicant shall obtain the approval of the Coastal Commission prior to the use of the second floor for seating purposes. 7. 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. 8. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No 3229 (Amended) - Public Hearing) Item No.7 Request to amend a previously approved use permit which UP3229A permitted the establishment of an automobile sales and service Approved facility on property located in the 'Retail and Service Commerciar' area of the Mariner's Mile Specific Plan Area and which also exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District. Said approval also included the establishment of a restaurant with on -sale beer and wine within the automobile sales facility. The proposed amendment involves a request to add an outdoor seating area to the existing restaurant and to allow said facility to remain open on a 24 hours basis where the original hours • of operation were from 7:00 a.m. to 10:00 p.m. daily. The proposal also includes a request to conduct ten to twelve special -26- COMMISSIONERS \01 �e August 22, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX charitable /promotional events on an annual basis which will include approximately 200 people and will be conducted during the evening and on weekends. The proposal also includes a request to permit the additional required parking to be provided on an adjoining parcel which is in the same ownership as the subject property. LOCATION: Restaurant Site: Parcel 1 of Parcel Map No. 87 -106 (Resubdivision No. 840), located at 3000 West Coast Highway. Off -Site Parking Site: A portion of Lot F, Tract No. 919, located at 2922 -2940 West Coast Highway; both sites being on the northerly side of West Coast Highway, between North Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP -5 • APPLICANT: Leland H. West, Newport Beach OWNER: Same as Applicant William Laycock, Current Planning Manager, referred to Condition No. 9, Exhibit "B ", and he requested that the following be deleted "operating the restaurant on a 24 hour basis and ". He explained that staff had intended to write the condition only denying special charitable /promotional events. The public hearing was opened in connection with this item. No one appeared before the Planning Commission on behalf of the applicant. Mr. Vincent Pickup, 2932 Cliff Drive, appeared before the Planning Commission. He objected to further noise emitting from the property late at night, and the negative impact that the subject facility and other businesses in Mariner's Mile have on the adjacent neighborhood and Cliff Drive Park. In response to a question posed by Commissioner Merrill, Mr. Pickup replied that previous charitable events that have occurred at the subject facility have not • had an impact on him. In response to a question posed by Chairman Di Sano, Mr. Pickup replied that he does not object to -27- COMMISSIONERS An \21 lee August 22, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Ruby's Jaguar Diner as it presently exists, and he would not object to the Diner operating 24 hours provided the noise can be controlled after 10:00 p.m. Mr. Pickup explained that an objection that has been corrected is the facility tuning automobiles. Mr. Leo Roth, 2924 Cliff Drive, appeared before the Planning Commission. He stated that he .has no objections to the existing operation; however, he expressed concerns with respect to noise coming from a 24 hour operation, outdoor dining, music, and entertainment. In response to a question posed by Commissioner Merrill, Mr. Roth stated that he was not disturbed when Ruby's Jaguar Diner was open 24 hours, or from the charitable events. Mr. Paul Broggi, 2957 Cliff Drive, appeared before the Planning Commission. He said that his property is directly behind Newport Imports, and he expressed his opposition to a 24 hour operation. Mr. Broggi stated that he was aware when Ruby's Jaguar Diner was open 24 hours; he referred to an incident when a 4 wheel drive • vehicle was driven onto his property; that the charitable events that were held on the second floor of the parking structure had a direct impact on his house inasmuch as the structure is open; and the people patronizing the subject restaurant 24 hours a day brings them to the area and they could have a negative impact on Cliff Drive Park and the neighborhood. In response to a question posed by Commissioner Merrill, Mr. Broggi stated that the access from Avon Street to Newport Imports is adjacent to his property, and there has been an increase in traffic on Avon Street. In response to a question posed by Commissioner Pomeroy, Mr. Broggi stated that it was more than 12 months ago that one 4 wheel drive vehicle drove onto his property. Mr. Broggi expressed his concerns regarding the noise that would be coming from the proposed 24 hour operation and outdoor seating area, and the impact that the proposed request would have on his property and on the neighborhood. In response to a question posed by Commissioner Merrill, Mr. Broggi explained that the first floor of Newport Import's parking structure is enclosed for security reasons inasmuch as it is used as a storage area for new Jaguars. • Janine Gault, 406 San Bernardino, appeared before the Planning Commission. She expressed concerns with respect to the special -28- COMMISSIONERS I oe\N August 22, 1991 MINUTES CITY OF NEWPORT BEACH ROULCALL INDEX events request through the use permit process. Ms. Gault stated that the normal procedure would be to apply for a Special Events Permit through the Business License Division, and she suggested that each special event be reviewed to see how the neighborhood would be affected by the noise from 200 guests. Ms. Gault expressed her concern regarding the request to operate the restaurant 24 hours and the impact that the operation would have on parking and the access off of Avon Street. She said that she does not oppose the 24 hour restaurant if the majority. of the neighbors do not object. Commissioner Glover and Mr. Hewicker discussed the facilities that the applicant uses to conduct special events, and Mr. Hewicker stated that it was his impression that said events were occurring in the automobile showroom. In response to questions posed by Commissioner Glover, Mr. Laycock replied that he had not received a Special Events Permit request for the Planning Department's approval from the Business License Division. The Planning Commission expressed concerns that the applicant had not previously received said special events requests. Ms. Corrine Spence, Cliff Drive, appeared before the Planning Commission. She expressed a concern that the proposed requests would have an impact on the Newport Heights neighborhood. In response to a question posed by Commissioner Debay, 'Mr. Hewicker stated that findings for denial could be achieved from the aforementioned testimony. Ms. Gail Demmer, 2812 Cliff Drive, appeared before the Planning Commission. She addressed concerns regarding the reliability, enforceability, and respectability of the subject establishment, and she endorsed the existing conditions on the use permit to allow the subject facility to operate successfully adjacent to the residential neighborhood. Ms. Demmer referred to previous concerns regarding Cliff Drive Park, and she explained that improvements would be made to the Park in the near future. She further stated that Mariner's Mile employees continue to park in the residential area on Cliff Drive. Ms. Demmer supported the request to allow outdoor seating of 8 tables and 32 seats, with the condition that the • operation never exceeds the required number of parking spaces. Ms. Demmer supported Exhibit "B ", denying special -29- COMMISSIONERS �y o A August 22, 1991 MINUTES CITY OF NEWPORT BEACH R CALL INDEX charitable /promotional events. In response to a question posed by Commissioner Merrill, Ms. Demmer requested that Condition No. 4, Exhibit 'B ", be deleted regarding the approval to operate a 24 hour restaurant inasmuch as the 24 hour operation could set a precedent in the Mariner's Mile area. In response to a question posed by Chairman Di Sano, Ms. Demmer replied that she would support the outdoor dining area based on the current hours of the Jaguar Diner. Commissioner Pomeroy and Mr. Hewicker addressed Condition No. 5, Exhibit 'B ", regarding special events, and the feasibility of modifying said condition to require the applicant to apply for a . Special Events Permit from the Business License Division. Ms. Demmer stated that she would not object if the applicant would be required to apply for a Special Events Permit. Mr. Hewicker suggested the condition could be modified to limit the number of special events within 1 year, and to specify that the events will be held within an enclosed portion of the automobile showroom or the restaurant, not in an open area, and specify the hours that the events could be held. In response to a question posed by Commissioner Debay, Ms. Demmer replied that she would not object to special events during the day. Ms. Demmer expressed her concerns that the approved use permit would remain with the property. In response to a question posed by Commissioner Merrill, Mr. Hewicker explained that a Special Events Permit is required for any special event that is open to the general public. Ms. Flory suggested that a condition could be added that would state that no charitable events shall be held without a Special Events Permit, and the condition would require the applicant to apply for a Special Events Permit. She explained that if the applicant had an event and failed to apply for said permit, then it would be in violation of the use permit. Commissioner Pomeroy suggested that Condition No. 5 be modified to require Ms. Flory's suggestion, and not require a specific number of events. Commissioner Glover addressed Condition No. 5, Exhibit "B", herein she requested a clarification of how an automobile dealership would be able to hold promotional automobile events. • Ms. Flory and Mr. Hewicker stated that the aforementioned comments are above and beyond automobile promotions. -30- COMMISSIONERS o. o \01 August 22, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Ms. Marian Rayl, 426 San Bernardino Avenue, appeared before the Planning Commission wherein she referred to the staff report statements indicating that the events will be located on the front of the property, adjacent to the westerly property line. Ms. Rayl reviewed the applicant's previous operational requests, and she suggested that the applicant may be considering something in the future that is beyond an automobile dealership, inasmuch as the use permit will stay with the property, and the approved use permits would be attractive to a future owner. There being no others desiring to appear and be heard, the public hearing was closed at this time. The Planning Commission and Mr. Hewicker expressed their regrets that the applicant or a representative did not attend the Planning Commission meeting, and the Commissioners considered a continuance of the use permit to allow the applicant an opportunity to testify. • Commissioner Gross indicated that valid testimony was not given to not approve a 24 hour restaurant; he opposed the outdoor dining area; and he opposed a blanket Special Events Permit that would occur after 8:00 p.m. for the purpose that the events should be individually reviewed. Commissioner Edwards addressed the previous violations that the applicant has made, and the attitude that the applicant has had towards the conditions that were imposed on the previously approved use permit. Commissioner Glover stated that she would support a continuance of the use permit which would allow the applicant to provide testimony and to clarify concerns that the Planning Commission has with respect to the operation of a 24 hour restaurant and the previously held charitable events. Chairman Di Sano stated he would support outdoor dining as parking would allow; he would oppose a 24 hour restaurant and the restaurant would maintain current operating hours; and he would support special and charitable events if a Special Events Permit • would be obtained from the Business License Division. Chairman Di Sano addressed the clean and neat operation as compared to -31- COMMISSIONERS .o N��� August 22, 1991 MINUTES CITY OF NEWPORT BEACH ROCL CALL INDEX other facilities in the City; however, he stated that the facility should consider the adjacent neighborhood. Motion * Motion was made to approve Use Permit No. 3229 (Amended) subject to the findings and conditions in Exhibit "B ", modifying Finding No. 9 deleting "..and the conducting of special charitable /promotional events.."; Condition No. 4, regarding the operation of a 24 hour restaurant, be modified so that the current hours of operation are maintained; Condition No. 5 be modified, delete 'not' and add "..subject to obtaining a Special Events Permit. Special events after 8:00 p.m. shall be in an enclosed area, and the parldng structure shall not be considered an enclosed area:'; modify Condition No. 6, deleting "prior to initiating the 24 hour operation of the restaurant; ". Commissioner Pomeroy stated that the request for an open patio area would remain. Commissioner Debay stated that she wanted to be assured that the existing handicap parking spaces would continue to be provided adjacent to the restaurant. Commissioner Edwards supported the motion, and he expressed his concern that the applicant comply with the approved conditions to the use permit. He stated that a primary objection to the application during the testimony was the requested 24 hour restaurant. Commissioner Merrill addressed Mr. West's previous appearance before the Planning Commission in 1989 whereby Mr. West agreed to the conditions of approval in the use permit. Commissioner Gross opposed the motion on the basis that he supported a 24 hour restaurant, and the applicant was not in attendance to address the Commission's concerns. Motion was voted on to approve Use Permit No. 3229 (Amended) Ayes * * * * subject to the findings and conditions in Exhibit 'B" as modified. No * MOTION CARRIED. Findings: . 1. That the addition of an outdoor dining area to the existing restaurant is consistent with the General Plan and the Local -32- COMMISSIONERS Am \01d August 22, 1991 CITY OF NEWPORT BEACH MINUTES R L CALL INDEX Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parking exists to serve .the expanded restaurant operation. 3. That the off -site parking area is located so as to be useful to the subject restaurant use. 4. That parking on the off -site parking area will not create undue traffic hazards in the surrounding area. 5. That the restaurant site and the off -site parking areas are in the same ownership. 6. That the Planning Commission has previously waived the restaurant development standards except as they pertain to parking lot illumination. • 7. The approval of Use Permit No. 3229 (Amended) as it applies to the establishment of the outdoor dining area will not 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. 8. The approval of Use Permit No. 3229 (Amended) as it applies to operating the restaurant on a 24 hour basis will be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, and will be detrimental and injurious to property and improvements in the neighborhood and the general welfare of the City. Conditions: 1. That the subject project shall be in substantial conformance with the approved site plan and restaurant floor plan. • 2. That all previous applicable conditions of approval of Use Permit No. 3229 as approved by the City Council on March -33- COMMISSIONERS August 22, 1991 CITY OF NEWPORT BEACH MINUTES R L CALL I I I INDEX 23, 1987 and Use Permit No. 3229 (Amended) as approved by the City Council on February 12, 1990, shall be fulfilled and shall remain in effect. 3. That the applicant shall provide for the restaurant use a minimum of one parking space for each 40 sq.ft. of "net public area" (62 spaces) in the approved off -site parking area. 4. That the hours of operation of the approved expanded restaurant facility shall be limited between the hours of 7:00 a.m. and 10:00 p.m. daily. 5. That special charitable /promotional events shall be permitted on the subject property, subject to obtaining a Special Events Permit in each case. Special events after 8:00 p.m. shall be in an enclosed area, and the parking structure shall not be considered an enclosed area. 6. That the applicant shall obtain the approval of the Coastal Commission prior to serving any food in the outdoor dining area, and prior to conducting any special charitable /promotional event on the subject property. 7. 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. 8. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -34- COMMISSIONERS N;o0Vm\V\" \t August 22, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3425 (Public Hearing] Item No.E Request to permit the as-built expansion of an existing health club UP3425 facility on property located in the M -1 -A District. The requested Approved expansion includes 1,500± square feet of an adjoining commercial lease space which the applicant has converted into a reception area and club offices, an exercise area and storage. LOCATION: Lots 11, 12, 50 and 51, Tract No. 3201, located at 2032 -2036 Quail Street, on the northeasterly side of Quail Street between Campus Drive and Birch Street, across the street from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Leon Skeie Health Club for Women, Newport Beach • OWNER: Campus Square, Newport Beach The public hearing was opened in connection with this item, and Mr. Leon Skeie, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A ". Mr. Skeie explained that the subject facility has been on the site for the past 15 years; the additional square footage was added 4 years ago; the additional 1,500 square feet is used as an office and reception area, and an aerobics area; as the Director of Sports Medicine and Exercise Science, and the Fitness programs at OCC, the subject facility is an extension of his program at OCC, d requires a limited membership is limited; and the expansion will increase the quality of the club. There being no others desiring to appear and be heard, the public Baring was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. 3425 All Ayes subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. s -35- COMMISSIONERS A August 22, 1991 MINUTES CITY OF NEWPORT BEACH R L CALL INDEX FINDINGS: 1. That the proposed application is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That adequate parldng exists on -site for the proposed development and the other uses on site. 3. That the existing development and the as-built expansion will not have any significant environmental impact. 4. That the facility, which is the subject of this application, is of such limited size and membership that the parldng demand is adequately served by the existing on -site parldng lot. 5. That the recreational facility and related aerobics classes will not create any significant noise impact given the . proximity of the John Wayne Airport and traffic noise on Quail Street. 6. That the approval of Use Permit No. 3425 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and worldng in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan. 2. That a sign be posted on the business frontage on Quail Street which advises patrons of the availability and location of parldng spaces at the rear of the building. 3. That prior to issuance of the certificate of occupancy or implementation of this use permit approval, a building -36- COMMISSIONERS 9 O*Kvc August 22, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX permit shall be first approved and issued by the Building Department in accordance with the Uniform Building Code. 4. That the noise from the music associated with the aerobics classes shall be confined to the interior portions of the building and the doors on the Quail Street frontage of the site shall remain closed at all times. 5. That aerobics classes shall be limited to a maximum of 15 persons at any one time in the facility. 6. That all mechanical equipment and trash areas shall be screened from view of adjoining properties. 7. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the health club facility or its activities. S. That no outdoor sound system shall be utilized on -site. 9. That all employees shall park on -site at all times. 10. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals; comfort, or general welfare of the community. 11. 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. • -37- COMMISSIONERS p` P�� d��f. August 22, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Amendment No. 736 (Public Hearing) Item No.9 Request to consider amendments to Title 15 and Title 20 of the MM Newport Beach Municipal Code so as to revise the noise level Cont' d standards for mechanical equipment in residential areas. to 9/5/91 INITIATED BY: The City of .Newport Beach Patrick Alford, Senior Planner, appeared before the Planning Commission, and he reviewed information that was presented to the Planning Commission meeting during a public hearing on June 20, 1991. As a result of the public hearing, the mandatory requirement for a sound attenuation structure for all mechanical equipment installed within 10 feet of a side property line was deleted, and the proposed regulation would require structures only in sensitive areas where a complaint is likely to occur. He explained that an ambient noise standard has been established, making the standard relevant to the existing noise levels of the • area. Mr. Alford explained that the requirement for an acoustical engineer has been deleted; however, a table will be provided that will relate the sound rating of the proposed equipment with the distance to a noise sensitive area, and will reasonably predict whether a piece of equipment will meet the standards. He addressed the noise standard for nighttime hours, and if the equipment will not meet the nighttime standard, there will be a provision that can be issued if the equipment is affixed with an automatic shut -off timer. James Hewicker, Planning Director, stated that under the existing noise standards, no building permits could be issued for installation of air conditioning equipment. Commissioner Merrill and Mr. Hewicker discussed the responsibility of the owner of the air conditioning equipment to the adjacent neighbor. In response to a question posed by Commissioner Glover regarding mechanical noise emitting from the hospital, Mr. Alford stated that the proposed noise standards would apply only in residential areas, and would not apply to commercial sites. He explained that there • are no existing standards for commercial uses affecting neighboring residential property. -38- COMMISSIONERS d August 22, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Gross addressed the provision that a property owner would be required to upgrade an existing air conditioning system. Mr. Hewicker responded that the property owner may have to sound attenuate the system to be assured that, the system is operating within the noise standards. Commissioner Gross stated that it is inappropriate that a property owner should be responsible because the adjoining neighbor upgraded his property. Commissioner Gross questioned when an air conditioner is tested, is it only when an air conditioning unit is new or also when the system is several years old, the bearings wear out, and the air conditioner starts to make noise. Mr. Alford explained that the noise standard will apply throughout the life of the air conditioning unit. In response to a question posed by Commissioner Pomeroy with respect to the proposed noise standard, Mr. Alford explained that the noise standard recommended by the State Department of • Health is standard throughout most communities in the State. Mr. Alford stated that noise above 60 DBA is likely to receive complaints, and 70 DBA and above there may be damage over an extended period of time. Commissioner Pomeroy suggested that he subject amendment be continued to allow the Planning Commission the opportunity to review the proposed sound level able. Mr. Gordon Graham, 429 Via Lido Soud, Graham Brothers Heating and Air Conditioning System, appeared before the Tanning Commission. Mr. Graham stated that recent testing of air conditioning systems resulted in none of the units complying with he existing Zoning Code requirements. He stated that a provision could be added that every new house would be required to provide e installation of mechanical equipment. Mr. Graham referred to Commissioner Gross' concerns and he stated that an adjacent neighbor could require the property owner to shut off noisy mechanical equipment. He stated that the present regulations require the installation of sound attenuation equipment only within 10 feet of a side or rear property line. In response to a question posed by Commissioner Pomeroy, Mr. • Graham explained that the quietest equipment manufactured today is approximately 68 DBA, operating continuously. -39- COMMISSIONERS d \0!\\N �A on q�, August 22, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Chairman Di Sano, Mr. Graham explained that an ambient noise level is the average taken over an extended period of time, and he suggested that the Planning Commission consider how to determine 'average% In response to questions posed by Commissioner Glover, Mr. Graham explained that the City has not previously addressed the problem of air conditioning equipment exceeding the current noise standards, and a Building Permit could not be issued because of the Noise Ordinance violations. Commissioner Glover and Mr. Hewicker discussed if a provision would be required that would include equipment that is either existing or in need of repair. Mr. Hewicker concluded that the City will only contact property owners if there would be a complaint. In response to a question posed by Commissioner Merrill, Mr. Hewicker replied that staff has received very few noise complaints pertaining to air conditioning units. • Commissioner Gross stated that no standard is better than a bad standard, and he expressed a concern that a noise standard could be approved that would not be workable. In response to a question posed by Commissioner Gross, Mr. Graham explained the indoor noise levels. Mr. Graham stated that an alternative solution would be to issue a Building Permit, and if there would be a future complaint, the property owner would be required to comply with the noise level tandards. Motion Motion was made to continue Amendment No. 736 to the September 5, 1991, Planning Commission meeting. Commissioner Pomeroy supported the motion. He stated that it would not make sense to approve an Ordinance that could not be complied. All Ayes Motion was voted on, MOTION CARRIED. • s s s -40- COMMISSIONERS q August 22, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Discussion Items: D -1 . A. General Plan Amendment No. 91 -3(A) cPA 91 -3A Request to initiate an amendment to the Land Use Element of the LCP LAP General Plan on three parcels of land, from Retail and Service A21 Commercial to Two Family Residential. Initiated AND B. Local Coastal Program Land Use Plan Amendment No 21 Request to initiate an amendment to the Local Coastal Program Land Use Plan on three parcels of land, from Retail and Service Commercial to Two Family Residential. CATION: Lots 2, 3, and 4, Block 130, Lake Tract and a portion of the Southern Pacific Railroad right of way, located at 3008, 3010 and 3012 West Balboa Boulevard, on the northeasterly side of West Balboa Boulevard between 30th Street and 31st Street in the Cannery Village /McFadden Square Specific Plan Area. MATED BY! The City of Newport Beach Motion Votion was made and voted on to initiate General Plan All Ayes kmendment No. 91 -3(A) and Local Coastal Program Land Use Tan Amendment No. 21. MOTION CARRIED. :'Ianniniz Commission Discussion of Staff Providing n_2 "ecommendaAQns on all Planning o i n Agenda Items PC Staff airman Di Sano stated that it would be appropriate to request Recommend; hat staff make specific findings and recommendations on the basis hat staff should be able to make recommendations to assist the Denied laming Commission to reach a decisive conclusion. • Hewicker stated that there have been instances when staff may have been more helpful to the Planning Commission if there had 41 COMMISSIONERS Gp d� c1- �� 0 August 22, 1991 CITY OF NEWPORT BEACH MINUTES RWI CALL INDEX been an opportunity for staff to make a final recommendation. Mr. Hewicker stated that City Council has occasionally voiced an opinion that it would like to see a staff recommendation and a Planning Commission recommendation. Commissioner Pomeroy stated that a recommendation is not important to the Planning Commission, but the recommendations would assist the applicant to understand the staff report and it is possible there would be more negotiations and concessions earlier. He explained that it would be easier for an applicant to be aware of staffs recommendations. Commissioner Merrill stated that a staff report should include the facts, and the findings and conditions give a guidance to the Planning Commission. ommissioner Gross supported the recommendation but he stated at he would like to have a full explanation by staff for the reason or the recommendation. Mr. Hewicker explained that the ecommendations are collective decisions by the Planning Department staff. mmissioner Edwards stated that it is the Planning Commission's ob to reach a definite decision, and he stated that most of the staff eports lean toward a recommendation. He further stated that no ecommendation encourages a .dialogue between the Planning Commission and the applicant, and between the Planning ommissioners. ommissioner Debay stated that the staff report indicates staffs pinion, and she said that occasionally it could be difficult to go gainst a professional and experienced staff recommendation. She ould rather draw her own conclusions. Commissioner Glover concurred with the foregoing statement. She tated that the professionals write the staff report and the Planning ommission brings in the citizens' point -of -view. She concurred hat the dialogue is encouraged without staffs recommendation. on * otion was made and voted on that staff recommendations be ncluded in the formal Planning Commission staff report. OTION DENIED. -42- COMMISSIONERS r" a� August 22, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX ADDITIONAL BUSINESS: "I. siusiness::. cost . for Motion All Ayes. Motion was made and voted on to direct staff to place" the discussion of increasing the permitted construction cost for alterations to existing structures that cross property lines before a Alterat onl resubdivision is required, on a future Planning Commission Considered Agenda. MOTION CARRIED. x x x notion Motion was made and voted on to excuse Commissioner Gross cross All Ayes from the September 5, 1991, Planning Commission meeting. Excused MOTION CARRIED. •ADJOURNMENT: 11:30 p.m. Adjourn. x x x NORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION r -43.