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HomeMy WebLinkAbout08/22/1996CITY OF NEWPORT BEACH i Planning Commission Minutes August 22, 1996 Adjourned meeting of August 8, 1996 - 4:30 p.m. Regular Meeting: - 7:30 p.m. Present: All Present EX- OFFICIO OFFICERS PRESENT: Sharon Z. Wood, Assistant City Manager, Community and Economic Development Robin Clauson, Assistant City Attorney Patricia L. Temple, Planning Director Rich Edmonston, Development Services Manager Ginger Varin, Planning Commission Secretary • Minutes of Auaust 8, 1996: Motion was made by Commissioner Ridgeway and voted on to approve, as modified, the August 8, 1996 Planning Commission Minutes. Ayes: Thomson, Ridgeway, Kranzley, Adams, Gifford, Ashley Noes: none Absent: none Abstain: Selich Public Comments None Postina of the Agenda: Ms. Temple stated that the Planning Commission Agenda for this adjourned meeting was posted on Friday, August 16, 1996, outside of City Hall. 0 T#3 Roll Call Minutes Public Comments Posting of the Agenda • City of Newport Beach Planni ng Commission Minutes August 22, 1996 SUBJECT: Zoning Code Update • GPA 96 -1 • LCP A 46 • A 834 • A 846 This is a continued discussion from August 8, 1996 on a set of amendments related to an update of the Zoning Code. Chairperson Adams referred to the staff report from the previous meeting explaining that the outline for the discussion will continue to be used for this and future meetings. Each of the outline items will be taken in turn with a staff presentation, question and answer period, public hearing, straw vote taken on that item then proceed to the next item. Summary discussions will then be held after going through the entire outline. Staff made a presentation on the residential component of the Land Use Regulations. Mr. Patrick Alford stated that the land use classifications are established in the • beginning of the proposed Zoning Code in Chapter 20.05. The actual implementation of these classifications are contained in the base district and the overlay district chapters that follow. This is done in a form of a matrix where issues are explained in detail. The Residential Land Use regulations have numerous, proposed minor changes and a few have proposed major changes. Bed and Breakfast Inns in Residential Districts is one of the major proposed changes. These proposed changes are contained in Section 20.60.110. Mr. Alford, at Commission request, then proceeded to explain the matrix showing the Land Use Regulations as proposed for permitted, use permit, limited and not permitted. Bed and Breakfast Inns is a new use and is not defined in the existing code. The Commission discussed the following issues for clarification: 1. Number of rooms permitted in bed and breakfast category. 2. Tying number of allowed rooms to the entitlement to dwelling units on lot. 3. Whether to include R1.5 (Balboa Island only) along with R2 and MFR. 4. R1 district not in this proposal. 5. Signage size and illumination. 6. This use by Use Permit only. 7. Critical importance of not changing the character of neighborhood. Public Hearing was opened. • Mr. Bob Calkins, 124 Crystal Avenue, Balboa Island - stated that he is confused 2 INDEX Item No. 1 GPA -96 -1 LCP A 46 A 834 A 846 Continued to 9/9/96 City of Newport Beach Planni ng Commission Minutes August 22, 1996 and can not follow what is being discussed by the Commission. He was referred to the staff reports that were available. He had no comments on the issue of bed and breakfast. Public Hearing was closed. Commissioner Ashley brought up discussion on the illumination of signs as referenced in the proposed new section (20.60.110). This discussion continued regarding the posting of occupations as allowed on houses and the comparisons thereof. Discussion continued on the appropriateness of 6 square foot signs in residential area. Proposal states 6 square feet as a maximum and Planning Commission may require smaller sign if a particular situation warrants. Discussion also included that during the Use Permit process, the Commission may impose conditions deemed necessary. The integrity of the neighborhood should be maintained with quality signage, small in nature. Commissioner Gifford questioned staff as to whether the effect of referencing the parking requirements in Chapter 20.66 would result in no specific parking requirement. Staff indicated hand written page 13 of the staff report in response, "As specified as by use permit," and that specific concerns would be established inon a case by case basis. Discussion continued on whether Bed and Breakfasts should be allowed in the R1.5 District on Balboa Island as a single family area. Ms. Temple advised that 1.5 refers to FAR, and 2 plus per lot are allowed in this district. In response to public and Commission concern regarding notification procedures, Ms. Temple explained that association groups were notified and copies of the zoning code and relative changes are available at all branches of the library. It was noted during this time, the lack of citizen input that is a concern to both Commission members and staff as well. Additional notification criteria was discussed by staff. Parking issues were then discussed with potential use /abuse. Straw Vote on Bed and Breakfast 20.60.110 amending the size of a sign to 4 or 6 square feet maximum, allowing the Planning Commission to limit size insuring the residential character at the neighborhood is maintained, and minimum of 1 parking stall per guest room which can be modified (in addition to residential parking requirements): Staff to return with precise verbiage. Ayes: All Ayes Mr. Patrick Alford then presented a report on the Home Occupations. The • INDEX • City of Newport Beach Planni ng Commission Minutes August 22, 1996 existing Zoning Code has very few provisions relating to this subject. A new section (20.60.100) is proposed that will have specific regulations. These proposed regulations are based on 3 basic premises: no outward appearance of the home occupation; remains incidental and subordinate to the primary residential use of the property and no impacts on the neighborhood. A discussion followed giving detailed information on regulations. Chairperson Adams mentioned the Zoning Code Committee workshop discussion of issues on number of employees, Telecommuting issues of the future, home businesses being "invisible" within the neighborhoods, maintaining the sanctity of the home, and occupying garage space for other than "traditional' use. There was detailed discussion on woodworking as a hobby and woodworking as a commercial small business being operated from the garage. Of particular concern was the subject of noise in the residential area. Parking requirements along with business licensing procedures was included in the discussion. Commissioner Gifford proposed having an Ordinance that would distinguish business licenses. A special one would be issued for addresses in residential • districts requiring disclosure of the number of employees. The parking requirement concerns could be addressed based on this information. Staff answered they will investigate this issue and make a presentation. In conclusion, Commissioner Gifford asked for an expansion of the definition of "Home Occupation" as explained on page 20.03 -7 under "Definitions ". Discussion continued on issues of part time versus full time occupations, taxation and need to expand definition. Reference should be made to Chapter 5 for business licensing requirements. Public Hearing was opened. Dolores Offing - asked where the information for this item was. She commented on the Commission discussion on hobbyist versus commercial saying there is no reason for people to say that they are not a hobbyist versus a business if they wanted to get around that. She wanted to know if there was a way to mark stickers on documents as they are used during the discussion. Commission answered that the information for this item was in the Title 20 draft dated 6/15/96. It was suggested by staff that for each section that is to be discussed, copies will have to be made available to the public. It was also suggested that as part of the staff report, it would be appropriate to have a section where all of the materials necessary to understand the issues would be listed. • INDEX • City of Newport Beach Planning Commission Minutes August 22, 1996 Staff answered that updates are included in the staff report and are listed in their entirety. Copies of the Zoning Code are located in the libraries and the Planning Department office and have been for all three hearings. The procedure will be to continue with this process and have a working copy of the full code available in chambers for public use. Suggestion was made for use of a projector with transparencies to be used during this discussion process. Staff answered that perhaps a laptop computer can be used, staff will investigate. Mr. Bob Calkins, 124 Crystal, Balboa Island - expressed his concern over the lack of participation by the public. He brought up, that due to this lack of public participation, issue will not be made known prior to the Commission voting and recommendations to City Council. He stated this is not the way things should happen and suggests that a more informed public participation is necessary. He concluded by expressing opinions on issue of parking requirements for Corona del Mar and Balboa Island. He concluded that the waiver of parking applies to commercial and industrial and not to R2 or MPRP zones. Chairperson Adams answered his concerns stating, this is the public process. The document has been made available as soon as this hearing process started that • has been for three planning commission meetings and is going on tonight. The public process is being done over a fairly long period of time. Commission also is saddened by the lack of public participation and concern, since this issue has been notified and will be notified for a each meeting date. It is Commission's intention to open the Public Hearing to comments on the entire document. There will be significant amount of time available for additional public participation. Discussion continued on the public notice process. Staff noted that many of the associations are managed by a property management company. Notices are sent to these companies and perhaps these notices are not getting to the officers of the association. Mr. Doug Hawkins, representing the Orange Coast Association of Realtors, 401 North Newport Blvd. - commented on notification comprised of a newspaper article describing what is to be covered. Commissioner Gifford commented that the obligations of the city have been met but the real issue is that this is a hard topic to follow. It is not easy to participate and there is a need to make this process easy for the public to follow and participate, particularly for the upcoming council hearings. Dolores Otting - stated that in 25 words or less, per the Brown Act, the agenda is supposed to explain what the subject is about. • INDEX • City of Newport Beach Planning Commission Minutes August 22, 1996 Meeting was adjourned at 6:45 p.m. and this item will be continued to Item No. 4 of the regularly held 7:30 p.m. meeting of August 22, 1996. FM1 1. SUBJECT: MacArthur Square Business Properties 1701 Corinthian Way, 1660 Dove Street, 4251 -4255 Martingale Way and 4200 -4250 Scoff Drive • A 849 Amend the Newport Place Planned Community District Regulations to redesignate existing "Retail Commercial Site 1" (MacArthur Square) to "General Commercial Site No. 6" and to add institutional, instructional and educational uses to the list of permitted uses, subject to approval of a use permit. Commissioner Thomson stepped down from the dais because of a possible conflict of interest with a consultant in both items 1 and 2. Ms. Temple presented a few comments to highlight issues germane to the • deliberation of the Commission. These two different designations carry a different list of permitted land uses. The general commercial carries a broader list which include many uses that may be considered more neighborhood commercial in nature. The applicant has requested a change to expand the possibilities in terms of his use and re -use of the existing retail development which has been on the property many years. In addition to changing the designation, the amendment would also involve adding an additional permitted use of educational, instructional and institutional facilities as a use permitted subject to the approval of a use permit by the Planning Commission. If this aspect is approved, it would not only apply to this particular property but to all sites within the Newport Place Planned Community which also are designated for general commercial. Key issues to be considered are compatibility, and appropriateness for instructional and institutional facilities within the office complex. Staff, at commission query, stated that there are no other sites within the Newport Place Planned Community where these types of uses are permitted. Commissioner Gifford asked for an explanation of the staff report argument that, "...the proposed amendment would dilute or increase the available general commercial uses within Newport Place to a significant level and should be analyzed further." Staff elaborated on this statement. The issue raised is that, rather than take this amendment and acting on it tonight as requested, perhaps take an overall comprehensive review of how the Newport Place Planned Community has evolved over the years and evaluate the planning for this area on a more 6 INDEX Continued Item 1 MacArthur Square A 849 Approved • City of Newport Beach Planni ng Commission Minutes August 22, 1996 comprehensive review of how the Newport Place Planned Community has evolved over the years and evaluate the planning for this area on a more comprehensive basis. The introduction of institutional facilities, if a large number of them were to occur in the Planned Community, would reduce floor area which might be available for the commercial uses. Conversely, the amendment to expand the list of permitted commercial activities within the Planned Community, could increase the variety of commercial uses within the Planned Community. Public Hearing was opened. Mr. Smull, Business Properties 17631 Fitch, Irvine - owner and builder of this property spoke on behalf of this amendment. He is attempting to expand the uses on the subject property to attract retail businesses similar to like locations throughout the City. He has been approached for space rental for the use of a dance studio (professional ballroom dance instruction) in a portion of his center that has been vacant for over a year as well as space rental for a children's gym which will be relocating from a block and a half away. Their business has been very successful, but they want to expand. The space they want to rent and expand into is one that has been vacant for three years. Both these tenants would enhance and be competitive within the commercial field. Neither tenant • would require an increase in building area or parking loads but rather, would be able to move in with little or minor modifications to the interiors. Mr. Smull continued by stating that a ballet studio had been in his center from approximately 1978 thru 1982. He explained that his center is zoned retail commercial Site 1 and is not consistent with the commercial centers that surround his as they are zoned general commercial sites. He is asking for this zone change to be compatible with surrounding existing zoning. In response to Commission inquiry, Mr. Smull stated that he understands the staff report and supports the resolutions and has no changes. Chairperson Adams asked staff if the general commercial around the subject property allows for instruction and institutional uses. Staff answered no. Chairperson Adams stated that this application adds uses that are not currently permitted in the surrounding general commercial. If this application is approved, this entitlement would also apply to the surrounding general commercial uses as well. He asked Mr. Smull if he considers the dance studio and the children's gym similar to the list of items as referenced in the Appendix on page 13. Discussion ensued as to the list of commercial uses and similarities of the proposed uses in this application. Staff stated that Title 20 of the Municipal Code includes a provision which allows the staff to request an interpretation of the meaning and intent of our codes. If it • INDEX • City of Newport Beach Planning Commission Minutes August 22, 1996 was in the interest of the Commission to at least consider the possibility that one or both of these proposed uses is sufficiently similar to the list stated under the retail category of Newport Place, Commission would direct staff to return with a report on an interpretation of the Code. There would be a subsequent hearing on this interpretation. When this list was looked at during the application process, staff did not see a similarity between the proposed and listed uses, therefore, this process is front of the Commission today. Discussion continued on the subject of original uses in the Newport Place Planned Community and how the applicant would like these to be changed, an institutional and instructional land use being allowed and the compatibility with surrounding land uses particularly the establishment of educational and child - oriented business close to an existing adult- oriented business. Dr. Christine Pennewaert, 1704 Marguerite Avenue, Corona del Mar - spoke on the time uses for both the gym and the dance studio. The gym would probably not be operating in the evening which would be the highest peak for the volume of adults coming in. That logical use for adults would be in the evening. Any conflict of times could be mitigated by specification of class time or peak hour usage. This same argument could be used for the additional adult uses in the center. . Brandy Fakier, agent for tenant of Avant Garde Ballroom - passed out exhibits to the Commission. She spoke of the use of the building for the ballroom that would be patronized by professionals. There are professional instructors and this studio is not intended as a night club but as an alternative to working out in a gymnasium. Mr. Harold Caplin, 3499 -2D Bahia Blanca, Laguna Hills - spoke on behalf of the owner of the gym. He stated that the owner is hoping to expand into this facility as it represents a 2517o increase in space and the owner wants to stay in Newport Beach. He explained that 90% of the children are always supervised. Children under two and one half have to be accompanied by a parent and children over two and one half are only in attendance for an hour. The parent who brings them generally stay. He expressed that the adult use (Mermaid's) is of no concern as there is almost nothing held during the evening hours that would conflict. Mr. Robert Wynn, 567 San Nicholas - consultant for the applicant, Mr. Smull. He stated that the normal problems arriving from a zone change or a use permit are noise, parking, dust, nuisances, etc. In this particular location, surrounded by similar institutions, there should be no complaints of these problems. It is a good location for these types of uses. He spoke on the resolution and the merits of adopting this resolution and the need to continue with this item and not put this on hold pending a study. The applicant is only asking for the right to fill vacancies with no additional building structures nor expand footprints. • INDEX • City of Newport Beach Planning Commission Minutes August 22, 1996 Public Hearing was closed. Speaking in favor of this application were: Commissioners Ridgeway, Gifford and Ashley stating that: 1. there is not a material change to the overall community and 2. support a zone text change allowing this change from an RSC to a general commercial and, allow institutional and instructional, educational uses be added 3. uses are ever changing due to industry changes 4. these are compatible uses 5. neither parking nor traffic are issues 6. character of area has evolved since originally designated center is 50% vacant Motion was made by Commissioner Ridgeway to adopt Resolution No. 1438 recommending approval of Amendment No. 849 to the City Council. Chairperson Adams commented on his concerns of the proximity to adult oriented businesses. Those uses, as listed in the Zoning Code, are restricted within • 1,000 feet of any lot but does not reference orientation of building or driveways. At further commissioner query, staff explained that a conditional use permit would not be required for the, "My Gym" use with this change. Commissioner Gifford added that the reason she does not share this concern is that the business people who want to make a significant investment and feel that this is an appropriate location are aware of the presence of an adult entertainment business nearby. The customers will either choose to patronize them at that location or not, as they feel it is appropriate. It is not appropriate for the Commission to step in and.make that judgment, let the market place take care of that. Motion was called: Ayes: Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley Noes: none Abstain: Thomson Absent: none II. SUBJECT: Avant -Garde Ballroom 4220 Scott Drive • • Use Permit No. 3583 INDEX Item No. 2 UP 3583 • City of Newport Beach Planni ng Commission Minutes August 22, 1996 Establish a ballroom dance instruction studio with individual and class instruction; allow occasional evening special events for dance exhibition and practice facilities with on -sale alcoholic beverage service. Mr. Garcia presented the staff report and summarized the contents. He stated that the applicant had provided the letter attached to the staff report which describes the application and the proposed use. This proposed use has been analyzed from a parking standpoint and has provided conditional approval regarding the alcoholic beverage service. This is not a primary use for the facility and will be used only in conjunction with special events. Commissioner Ridgeway stated that the alternate condition is listed as No. 3 in the staff report, the applicant is asking for some type of alcoholic service. The way the condition reads, the service of alcoholic beverage is incidental to the dance instruction studio and shall be subject to the approval by the Police Department from the State Board of Alcoholic Beverage Control. Alcohol service is also restricted by the proposed number (6) of specialty events with permits. Discussion continued with regards to the hours of operation from 7:00 a.m. to 12:00 midnight. • Public Hearing was opened. Brandy Fakier, 57 Vassar Isle, Irvine spoke on behalf of the applicant Mr. Andre Bonderman. In response to Commission inquiry, she stated that the applicant understands and agrees to the findings and conditions of the Use Permit No. 3583. The applicant, however, requests that in referencing the schedule of upcoming events, the number of specialty events that would serve alcohol be increased to 12. She then proceeded to discuss in detail why the increase is requested. Discussion continued on the type of special event permit that could be used for this application, i.e., more than one event on a permit, etc. Staff gave the rationale for the amount of six (6) as a standard is being established whereby an appropriate permit process would be a Special Event Permit or whether a conditional approval associated with the Use Permit is a more appropriate mechanism to authorize the activity. Commission could consider to authorize these events through the Use Permit and not require a Special Event Permit at all except that the City would lose the ability to actually track them and know how many they are actually having except through Code Enforcement means. Language change was then given for substitution. Commissioner Ridgeway asked Ms. Fakier for the number of events that champagne would be served. Discussion ensued detailing the number as being not more than 1 per month. • 10 INDEX Approved • City of Newport Beach Planning Commission Minutes August 22, 1996 Staff asked the applicant about the term "party" that appears a few times a week on the four month schedule. The condition under consideration, states that any event which is contemplated not to operate in conjunction with dance instruction as the principal purpose, or events which propose to include the service of alcohol beverages shall be subject to a Special Event Permit. What are these parties, are they instructional or other types of events ?. Ms. Fakier answered that they are instructional parties, where people of like skill attend. There is no alcohol served, the principal activity is instruction and serves as an opportunity for the students to meet other students who are at their own levels of expertise. Staff proposed the following language to be applied to Condition 3 in the last three sentences as follows: "Permits for not more than 12 Special Events shall be approved per calendar year. A Permit may be approved for more than one event. Unless approved by Special Event Permit, the sale or service of alcoholic beverages is prohibited." It was discussed that if the applicant wanted more than 12 special events, an amendment to the condition could be requested by the applicant. The Use Permit with its conditions, run with the land and thus it is the reason for the • Commission's thoroughness. Staff indicated that the Planning Director would have the discretion to waive the requirement for an actual full use permit hearing if the change to condition was considered minor in nature. This action would carry over to a subsequent user. Public Hearing was closed. Motion was made by Commissioner Gifford for approval of Use Permit 3583 with the findings and conditions in Exhibit A with the change to Condition 3 proposed by staff. Ayes: Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley Noes: none Abstain: Thomson Absent: none Findings: That the proposed development is consistent with the Land Use Element of the General Plan, and will be compatible with the surrounding land uses, since this facility is a personal service type of establishment which provide services directly to the general public. 2. That upon adoption of Amendment No. 849, the application will be consistent with the provisions of the amended Newport Place Planned • Community District Regulations. 11 INDEX • City of Newport Beach Planning Commission Minutes August 22, 1996 INDEX 3. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirementsof the California Environmental Quality Act under Class 1 (Existing Facilities). 4. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstancesof this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, for the following reasons:. • That the number of parking spaces provided on -site and in the reciprocal parking areas of MacArthur Square is adequate for the proposed private instruction facility. • That the facility is comparable to similar uses located in other shopping centers of the City and which have not generated any particular problems or complaints. Conditions 1. That the facility shall be constructed in substantial conformance with the • approved plot plan, floor plan and elevation. 2. That an amendment to allow institutional, instructional and educational uses in the Newport Place Planned Community District, shall be approved prior to issuance of any building permits or implementation of this use. 3. That the private instructional facility shall operate in accordance with the following conditions: • That the approval is only for the establishment of a dance studio engaged in instruction as its principal purpose and not a bar or restaurant type facility, nor a concert venue or a theater /nightclub use as defined by Title 20 of the Municipal Code. • That the facility shall only be made available to students, instructors and their guests and shall not be advertised to the general public as a restaurant or bar facility. • The service of alcoholic beverages shall be incidental to the dance studio use. • Any event which is contemplated not to operate in conjunction with dance instruction as the principal purpose or events which propose to include the service of alcoholic beverages (i.e., cocktail reception or mixer), shall first obtain a Special Event Permit issued by the Recreation Division and approved by the Police Department. Applications for special event permits shall be completed and submitted to the Recreation Division at least 30 days prior to the date of the event (unless other arrangements are 12 • City of Newport Beach Planning Commission Minutes August 22, 1996 made with the City Departments), to allow adequate time for the Police Department and other City Departments to review the application and to impose additional conditions of approval, if deemed necessary. Permits for not more than 12 Special Events shall be approved per calendar year. A Permit may be approved for more than 1 event. Unless approved by Special Event Permit, the sale or service of alcoholic beverages is prohibited. 4. That the total number of students and employees shall not exceed 50 persons in the tenant space during the daytime hours. That exiting plans and occupancy requirements shall be reviewed and approved by the Building Department and the Fire Department prior to implementation of the proposed facility and posting of maximum occupancy loads permits shall be approved by the Fire Department. 5. That all teachers and employees shall park their vehicles on -site at all times. 6. That the hours of operation shall be limited to between the hours of 7:00 a.m. and 12:00 midnight, daily, and that any increase in hours shall be subject to the approval of an amendment to this use permit; or in conjunction with special or holiday events, subject to the approval of a • Special Event Permit issued by the Recreation Division and approved by the Police Department. 7. That the property manager or person or entity responsible for the scheduling of special or holiday events on behalf of the property owner, shall furnish to the Recreation Division, Planning Department and the Police Department a list of the upcoming events on a monthly basis at least two weeks prior to the first day of the month any event will occur. Also that any revisions to the list submitted shall be made in writing to the Recreation Division, Police Department and the Planning Department a minimum of two weeks prior to the date of the event. 8. That pre- recorded music shall be limited so that the sound shall be confined to the interior of the structure and all windows and doors within the facility shall be closed, except when entering and leaving by the main entrance of the facility. That live entertainment shall be prohibited unless an amendment to this use permit is first approved by the Planning Commission or appropriate designee in accordance with procedures set forth in the Newport Beach Municipal Code. 10. That any noise associated with the facility shall not disturb any nearby business and shall not be audible outside of the building. • 13 INDEX • City of Newport Beach Planni ng Commission Minutes August 22, 1996 11. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 12. That the facility and related parking shall conform to the requirements of the Uniform Building Code. 13. That the project shall comply with State Disabled Access requirements. 14. That emergency lighting, battery back -up exit signs shall be provided prior to the implementation of the proposed dance studio facility use. 15. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer, should any change be made to the existing configuration. 16. That all trash areas shall be screened from view of adjoining properties and streets. 17. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. • 18. 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. 19. 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. III. SUBJECT: My Gym 4250 Scoff Drive « Use Permit No. 3590 To establish a recreational facility specializing in children's fitness. At staff request, this application was removed from the agenda. It has been determined that upon the approval of Amendment No. 849, (under consideration this evening), the proposed use will become a permitted use within the "General Commercial Uses" of the Newport Place Planned Community District Regulations, and will not require discretionary review. 14 INDEX Item No. 3 Use Permit No. 3590 Removed from agenda Automatic Approval • City of Newport Beach Planning Commission Minutes August 22, 1996 IV. SUBJECT: Zoning Code Update (Continued Public Hearing) • GPA 96 -1 • LCP A 46 • A 834 • A 846 Chairperson Adams explained that this is a continued item that was discussed at the afternoon session. An outline provided in the current staff report on hand written page 4 will be followed. Discussed has been Bed and Breakfast Inns. Commission was in the middle of the Home Occupation issue when the meeting was adjourned. Public Hearing was opened for discussion to the Home Occupation issue. Public Hearing was closed. Commissioner Ridgeway summed the proposed changes, modifications and discussion on this issue as discussed in the afternoon session: • A. Item 3 under 20.60.100 -C read "...visible, or audible..." B. item 7 under 20.60. 1 00-C should read, "No equipment, process or manufacturing..." C. Item 8 under 20.60.1 00-C should read . ...... odor, noise or electrical..." D. Definition of Home Occupation to be expanded (staff to provide) E. Appropriate number of employees allowable and parking and philosophical issues (under discussion) Discussion continued on the issue of parking if the employee(s) are not family members. Commissioner Thomson suggested the option of eliminating Item No. 4 under 20.60.100 -C to keep the neighborhood from being impacted. The Commission does not want to interfere with how these occupations in the home are being run. Number 10 would address the issue of a nuisance being created by parking problems. Discussion continued about these being residential areas where the Commission is allowing and trying to control the type(s) of Home Occupation(s) and how they impact the neighborhoods particularlyparking issue of excessive cars. Straw vote was proposed on concurrence with 20.60.100 as written with the changes noted above and Item 4 be amended to allow up to one employee that is a non - resident. 0 15 INDEX Item No. 4 Zoning Code Update (continued) GPA 96 -1 LCP A 46 A 834 A 846 Continued to 9/5/96 • City of Newport Beach Planni ng Commission Minutes August 22, 1996 Discussion continued on the merits of added parking in the neighborhoods, enforcement issues and formal authority for enforcement. Straw vote was reposed to read: Concurrence with 20.60.100 -C as written with the changes noted above, and definition of Home Occupation by staff to be presented at the next meeting for agreement. Ayes: Thomson, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley Noes: none Mr. Patrick Alford, at Commission request, gave an overview of the Non - residential Land Use Regulations. Land Use Regulations are covered in Chapter 20.05 and implemented in the Base Zoning Districts and the Overlay Zoning Districts Chapters. The non - residential uses are covered in Chapters 20.15 - 20.30. Most of the proposed changes are in Chapter 20.15 which is the Commercial District and referenced in the matrix. Mr. Alford then proceeded to explain the proposed changes. • At Commission query, staff discussed the Convalescent Facilities permitted use proposed change as well as other changes. Detailed information was given for Animal Sales and Services. Chairperson Adams asked staff to look at the grooming use with overnight boarding. Public Hearing was opened on non - residential uses. Mr. Bob Calkins, 124 Crystal, Balboa Island - went back to the Home Occupation issue and stated that he did not have an opportunity to discuss this item before Commission voted. He talked about the business having a single employee. It is bad law to have a rule, that is not enforceable. There should not be any law that can not be enforced. Chairperson Adams answered that the votes taken are straw votes only. If new ideas come up in a discussion he will attempt to re -open the public hearing. Public testimony will also be asked for at subsequent meetings). The single employee issue had a lot of committee workshop discussion, because now home business is occurring and there is nothing in the Zoning Code that permits it. Technically, home businesses are not allowed. Commission is trying to codify that use of a residence in some reasonable way that will allow us to enforce problems. Commission is open to any comment about how to answer the dilemma of cumulative parking impact. Discussion continued pertaining to possible waivers, invisibility of home occupations in the neighborhoods, difference between independent contractors and business occupations within the home as distinguished by some form of clarification within • 16 INDEX • City of Newport Beach Planni ng Commission Minutes August 22, 1996 the code. Mr. Doug Hawkins - expressed his concerns about writing so many rules. Public Hearing was closed. Mr. Alford then proceeded to give an overview of the Eating & Drinking Establishments as covered in the Commercial Uses. The current Zoning Code has two categories addressing Eating and Drinking Establishments, one is Restaurant the other is Specialty Foods. Eating and Drinking Establishments are covered under Chapter 20.05 for definition and Chapter 20.82 for regulations. He then proceeded to discuss in detail the proposed seven new land use classifications. The FAR limits, permit requirements and required parking are all adjusted based on the land use intensity of each of these uses. Commissioner Ridgeway asked about the theater definition overlay and how it fits. Staff answered that these types of land uses are covered under a different section and referred Commission to page 20.05 -5. Commissioner.Kranzley proceeded to bring up comparisons of parking differences • under the full - service, small -scale with a limit of 1,000 square feet with 25 seats, and the old specialty dining with a limit of 2,000 gross square feet with 20 seats. If parked at one space per 250 square feet assuming 40 to 50% of that 2,000 square feet is net public area, then the average of those two would be 900 square feet of net public area that would require for 2,000 square feet of gross at 1 per 250 you would need 8 spaces to park at the maximum. The proposed new code with 1,000 square feet of net public area with 25 seats has a parking requirement of 1 parking space for every three seats, or, 1 parking space for every 75 feet of net public area. The parking range would be 8 to over 13 spaces. The net result is 5 more seats than the old code, and 100 square feet and could have the same number of parking spaces. Have we accomplished anything? On full- service, small scale with a use permit, entertainment, beer and wine could be added. This would produce an old problem with parking due to low turnover in an hour. Some language needs to be included in the full - service, small scale that if that owner comes in and wants to have alcohol and entertainment, then the Planning Director could have more stringent parking requirements similar to what is required in full- service, low turnover which is 1 per 30 to 50 square feet. This would give the Planning Director discretion to look at the parking issues and area and have some recourse to not cause the same problem that has been discussed repetitively during meetings with regards to an uneven playing field. Staff answered that if so directed, the new parking requirements could be added in the parking chapter and appropriate cross references be placed in the restaurant chapter. • 17 INDEX • City of Newport Beach Planning Commission Minutes August 22, 1996 INDEX Commissioner Kranzley stated If the applicant comes in and wants beer and wine, and /or entertainment, Commission looks at a more intense parking because it will be a more intense use. Discussion continued about specialty use relating to the changes in the use classifications, live entertainment permits, contemplation of approvals that do not attach to the land in the some manner as a use permit does, number of liquor licenses within the city, operational characteristic changes and potential legal problems. Commissioner Selich suggested that the staff take the eating and drinking establishment regulations and put it into some kind of matrix as they are spread throughout the code. At Commissioner Gifford's suggestion, cabaret and nightclubs will be included in the matrix. She expressed concerns with the definition of the personal improvement that includes the dance studio. Assistant City Attorney Clauson volunteered to make the changes to the definitions of Live Entertainmentas well as theater /nightclubsto provide clearer distinction. • At Commission request, Mr. Alford will include in the matrix: a. the seating diagrams from the July 18th report b. calculations that Commissioner Kranzley stated earlier C. new ABC regulations as they relate to the approval by the Police Chief d. cabaret and nightclub issues e. outdoor dining issues including cumulative effects f. provisions f or outdoor dining, sidewalk cafe and shopping center development standard parking Discussion continued on the differences of parking calculations (based on net versus gross), the need for like criteria, development regulations, and seating configurations. Chairperson Adams discussed notification language in next meeting agenda to say "intend to discuss the Land Use Regulations for eating and drinking establishments ". Also, suggest that we will be hearing the property development regulation items as well. A footnote indicating hard copes of the Zoning Code are available at the libraries and the Planning Department as well as digital copies available at the Planning Department. Copies of the June 15, 1996 draft Zoning Code will be available from the staff during the meetings. The staff report will contain all the subsequent changes to the Code. Staff will attempt to obtain some type of instantaneous display apparatus. Bed and Breakfast issue will be continued to a future date with notification to potentially affected neighborhoods. Staff will devise a means for notification. 18 • City of Newport Beach Planning Commission Minutes August 22, 1996 This item was continued to 4:30 p.m. meeting on September 5, 1996 and will be taken up in afternoon sessions unless deemed otherwise by the Commission. V. Guidelinesfor Amendmentto General Plan Circulation Element and Implementing Ordinances The City Council approved the attached guidelines on July 22, 1996. Both the guidelines and the Report to the City Council on the Circulation Element amendment are provided to advise the Planning Commission of the status, priority and schedule for this project. It is expected that review of the Circulation Element will be on the Commission's agenda for October 17, 1996. Report was received and filed. VI. SUBJECT: Amendmeritto the Rules of Procedures of the Planning Commission Regarding the Hour of Meeting • At the meeting of August 8, 1996, the Planning Commission filed Notice of Amendment to the Rules of Procedures of the Planning Commission with the Ex- Officio Secretary, to change the meeting time of the Planning Commission from 7:30 p.m. to 7:00 p.m. and to set the matter for consideration and action at the regular meeting of August 22, 1996. Public Hearing was opened and closed. Motion was made by Commissioner Kranzley to approve the amendment to the Rules of Procedures of the Planning Commission to change the meeting time from 7:30 p.m. to 7:00 p.m. This time change will begin on September 19, 1996. Ayes: Thomson, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley Noes: none ADDITIONAL BUSINESS a.) City Council Follow -up - An oral report by the Assistant City Manager regarding City Council actions related to planning - Ms. Wood reported that an Interim Urgency Ordinance was extended on Balboa Island regarding condominium conversions, the term for the Balboa Peninsula Planning Advisory Committee has been extended to June, 1997 with three Councilmembers appointed. They are, Mayor Hedges, Councilmembers • 19 INDEX Item No. 5. Guidelines for Amendment to GP Circulation Element and Implementing Ordinances Received and Filed Item No. 6 Amendment to the Rules of Procedures of the Planning Commission Regarding the Hour of Meeting Additional Business • City of Newport Beach Planning Commission Minutes August 22, 1996 Debay and O'Neil. Mr. Michael Kranzley has been appointed member -at- large. b.) Oral report by the Planning Director regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals- Ms. Temple reported that Modification Permits were approved for 125 East Bay Front, 402 1/2 Heliotrope Avenue, 4 Balboa Coves, 4501 Wayne Road, and 127 Grand Canal. Condominium Conversion was approved for 2604 and 2604 1/2 West Ocean Front, and a Resubdivision was approved 1250 Sandcastle Drive. Also approved was a Temporary Use (outdoor sales) for 2731 East Coast Highway. C.) Oral report from Planning Commission's representative to the Economic Development Committee - Commissioner Selich reported on the sub- committee for the Airport Study. He stated that there was a meeting of all property owners, names were submitted for a steering committee and will be recommended to City Council. One of the first items to be done will be an economic use study of this area with funding provided by the City's Economic Development program. The EDC has appointed a committee to study the mini - markets in association with gasoline service stations. • d.) Oral report from Planning, Commission's representative to the Balboa Peninsula Planning Advisory Committee - Commissioner Gifford reported that there was a summary meeting of the workshop effort of all groups and a presentation on the recommendations for the Peninsula at large and for each of the Business Districts. Following a meeting on September 4th of the BPPAC, a report will be made to the City Council. Discussion followed as to the merit of having a presentation to the Planning Commission of the comprehensive study done by BPPAC's consultant. e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - None. f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - Commissioner Ashley asked about the Orange County Planning Symposium to be held on Thursday, October 10th. Staff will bring back f urther information. g.) Oral report on Code Enforcement issues - Ms. Temple gave a report on the McDonald's conditions of approval and the non - compliance practices. Mr. Jerry King, at Commission's request, spoke to the Commission and stated that he is in communication with the owners. He is planning on a resolution to the existing seating violations in the near future and will report back to the Commission. Ms. Temple continued with a status report on housing code violations, Savannah's Hut and the Health Emporium. • 20 INDEX City of Newport Beach Planning Commission Minutes August 22, 1996 h.) ABC Workshop Update - Commissioner Thomson reported on the statistics given at the workshop concluding that the Commission needs to be aware of the problems related to alcohol in dealing with applications for alcoholic beverage service. i.) Requests for excused absences - None. ADJOURNMENT: . 11:25 p.m. ED SELICH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • • 21 INDEX