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HomeMy WebLinkAbout09/05/1991COMMISSIONERS A q REGULAR PLANNING COMMISSION MEETING PLACE: City Council, Chambers TIME: 7:30 P.M. DATE: September 5, 1991 CITY OF NEWPORT BEACH MINUTES RdMCALLJ 11 Jill INDEX Present * * * Commissioner Edwards and Commissioner Gross were absent. Absent * (Commissioner Pomeroy arrived at 7:37 p.m.) EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney 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 Minutes of August 22, 1991: Minutes of 8/22/91 Motion * Motion was made and voted on to approve the August 22, 1991, Ayes * * * Planning Commission Minutes. MOTION CARRIED. Absent a � * Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. • COMMISSIONERS 0 c`Sp "Ff G rG September 5, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, August 30, 1991, in front of City Hall. x x x Request for Continuance: Request for James Hewicker, Planning Director, stated that the applicant, Joe continuanc Balbas, has requested that Item No. 1, Resubdivision No. 969, regarding property located at 612 Avocado Avenue, be continued to the September 14, 1991, Planning Commission meeting. Motion * Motion was made and voted on to continue Item No. 1 to the Ayes Absent * * * * * September 19, 1991, Planning Commission meeting. MOTION CARRIED. • xxx Resubdivision No. 969 (Public Hearing) Item No.1 8969 Request to resubdivide an existing lot into a single parcel of land for a two family residential condominium development on property located in the R -2 District. cont ' d to 9/19/91 LOCATION: Lot 17, Tract No. 682, located at 612 Avocado Avenue, on the southeasterly side of Avocado Avenue, between Third Avenue and Fourth Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Joe Balbas, Newport Beach OWNER: Same as Applicant ENGINEER: Valley Consultants, Santa Ana • -2- COMMISSIONERS Ahk September 5, 1991 CITY OF NEWPORT BEACH MINUTES RM CALL INDEX James Hewicker, Planning Director, stated the applicant has requested that Resubdivision No. 969 be continued to the September 19, 1991, Planning Commission meeting. Motion * Motion was made and voted on to continue Item No. 1 to the Ayes * * * * September 19, 1991, Planning Commission meeting. MOTION Absent * * CARRIED. Use Permit No 3426 (Public Hearing) Item No.2 Request to permit the establishment of a retail store specializing M426 in the sale and incidental tasting of beer and wine. The facility will also include packaged food to go such as potato chips and candy, Approved and there will be no food preparation on the premises. The proposal also includes a request to waive a portion of the required off - street parking spaces. • LOCATION: A portion of Lot 1, Tract No. 1235, located at 3431 Via Oporto, on the westerly side of Via Oporto, between Via Lido and Central Avenue, in Lido Marina Village. ZONE: C -1 -H APPLICANTS: Bruce W. and Sheryl W. Barnier, San Dimas OWNER: Lido Marina Village, Newport Beach The public hearing was opened in connection with this item, and Mr. Bruce Barnier, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit 'W'. In response to questions posed by James Hewicker, Planning Director, Mr. Barnier explained that an On -Sale and Off -Sale liquor License is required because of the incidental tasting of alcoholic beverages on -site. Mr. Barnier explained that the facility is only intended as a retail establishment with incidental tasting of beer and wine. -3- COMMISSIONERS � \ September 5, 1991 CITY OF NEWPORT BEACH MINUTES ROME CALL I INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. 3426 Ayes * * subject to the findings and conditions in Exhibit 'W'. MOTION Absent CARRIED. 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 proposed use does not represent an intensification of use and will not result in an increase in traffic or parking demand. 3. That the waiver of the restaurant development standards as they apply to walls, landscaping, utilities, parking lot • illumination, a portion of the required off - street parking, circulation and building setbacks is justified on the basis of the existing developed nature of the site and the operational characteristics of the proposed use. 4. The approval of Use Permit No. 3426, 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 plan. 2. That the on -sale consumption of beer and wine shall be ancillary to the primary use involving the retail sale of off - sale beer and wine, and packaged food. 3. That there shall be no tables or seats permitted within or outside the facility or no on -site food preparation, unless an -4- COMMISSIONERS 0 September 5, 1991 MINUTES CITY OF NEWPORT BEACH ROUL CALL INDEX amendment to this use permit is approved by the Planning I Commission. 4. That the applicant shall obtain the approval of the Coastal Commission prior to the serving of alcoholic beverages on the premisses. 5. That the restaurant development standards as they apply to walls, landscaping, utilities, parking lot illumination, a portion of the required off - street parking, circulation and building setbacks are hereby waived. 6. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 7. 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. 3427 (Public Hearing) item No.3 Request to establish an automotive repair business on property UP3427 located in the M -1 -A District. Approved LOCATION: Lot 45, Tract No. 3201, located at 4043 Birch Street, on the northwesterly side of Birch Street, between Quail Street and Dove Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: De Bonis Independent, Inc., Costa Mesa OWNER: Edward Jarvis, Newport Beach -5- COMMISSIONERS � o September 5, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INQEX The public hearing was opened in connection with this item, and Mr. John De Bonis, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A". Commissioner Debay addressed Condition No. 4, in Exhibit "A", regarding the removal of all boats, trailer hitches, trucks or any other vehicles currently stored on the property. James Hewicker, Planning Director, explained that the purpose of the condition is to remove the stored vehicles on the premises for the proposed use, and the party responsible for said removal would be a decision made between the property owner and the tenant. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3427 Ayes * * * * * subject to the findings and conditions in Exhibit "A". MOTION nt * * CARRIED. Findings: 1. That the proposed application is not an intensification of the existing use, and as such, is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. Furthermore, the proposed project is similar to other automobile service facilities that have been previously approved by the Planning Commission in the vicinity. 2. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 3. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 4. That adequate parking will be provided for the automobile repair facility. -6- COMMISSIONERS Ah d_d O'er September 5, 1991 CITY OF NEWPORT BEACH MINUTES RME CALL INDEX 5. That the establishment of the subject business will not have any significant environmental impact. 6. That the approval of Use Permit No. 3427 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the development shall be in substantial conformance with the approved plot plan, floor plan and elevations, except as noted below. 2. That all mechanical equipment and trash areas shall be screened from adjacent properties as well as Birch Street. S3. That no car washing shall be permitted on the site unless an amended use permit is approved by the Planning Commission. 4. That all boats, trailer hitches, trucks or any other vehicles currently being stored on the subject property shall be removed. 5. That all repair and service activities including the storage of auto parts shall be located inside the building. 6. That all weeds and debris be removed from the proposed landscape areas, and that these areas be landscaped or be maintained in a clean and orderly manner. 7. That the approval of this application shall permit engine rebuilding (including minor electrical repair), regular maintenance, oil change, brake service, tune -ups, and exhaust replacement. No painting, detailing, the use of an open flame, or other operations of a similar nature shall be Isby permitted on -site unless an amended use permit is approved the Planning Commission. -7- COMMISSIONERS o September 5, 1991 CITY OF NEWPORT BEACH MINUTES Rdn CALL INDEX 8. That the hours of operation shall be limited between the hours of 8:00 a.m. and 6:00 p.m., daily. 9. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. Signs indicating "for sale" or "lease" shall not be permitted in the windshield of autos or elsewhere on the site. 10. That all employees shall park on -site at all times. 11. That the on -site parking and vehicular circulation be subject to further review by the City Traffic Engineer. 12. That a minimum of 21 independently accessible parking spaces shall be provided on -site for the proposed auto repair facility. The parking lot and driveway shall be paved with asphalt, concrete, or other street surfacing material of a permanent nature. The parking spaces shall be marked with approved traffic markers or painted white lines not less than • 4 inches wide. 13. That all improvements be constructed as required by Ordinance and the Public Works Department. 14. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 15. That the tree damaged and displaced portions of curb, gutter and sidewalk and the deteriorated drive apron be reconstructed along the Birch Street frontage under and encroachment permit issued by the Public Works Department. 16. 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. -8- COMMISSIONERS September 5, 1991 MINUTES CITY OF NEWPORT BEACH RML CALL. INDEX 17. 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. A. General Plan Amendment 91 -3(A) (Public Hearing) stem No.4 Request to consider an amendment to the Land Use Element of GPA 91 -3A the General Plan so as to redesignate three parcels of land from (Res.1264) LCP A21 "Retail and Service Commercial" to 'Two Family Residential." AND (Res.1265) B Local Coastal Program Amendment No. 21 (Public Hearing) Resub 968 Approved Request to consider an amendment to the Local Coastal Program Land Use Plan so as to redesignate three parcels of land from • "Retail and Service Commercial" to 'Two Family Residential." LOCATION: Lots 2, 3 and a portion of Lot 4, Block 130, Lake Tract, and a portion of the Southern Pacific Railroad right of way, located at 3008- 3010 -3012 West Balboa Boulevard, on the northeasterly side of West Balboa Boulevard, between 30th Street and 32nd Street, on the Balboa Peninsula. INITIATED BY: The City of Newport Beach AND C. Resubdivision No. 968 (Public Hearing) Request to resubdivide an existing parcel into a single parcel of land for a two family residential condominium development on property located in the SP- 6(R -2) District. LOCATION: A portion of Lot 4, Block 130, Lake Tract, • and a portion of the Southern Pacific Railroad right of way located at 3008 West Balboa Boulevard, on the northeasterly side -9- COMMISSIONERS �, I \ 0 September 5, 1991 CITY OF NEWPORT BEACH MINUTES ROTE CALL INDEX of West Balboa Boulevard, between 30th Street and 32nd Street, on the Balboa Peninsula. ZONE: SP- 6(R -2) APPLICANT: Deke Lowry, Newport Beach OWNER: Same as Applicant ENGINEER: James Brennan, Inc., Orange James Hewicker, Planning Director, stated that the request addresses three parcels of land that were reclassified under the General Plan from "Residential' to "Commercial; however, when the General Plan was amended, the parcels were not rezoned to a commercial designation to make the zoning consistent with the General Plan designation. Subsequent to the approval of the General Plan, the parcel of land at 3008 West Balboa Boulevard • was purchased for the purpose to develop said property as residential. Mr. Hewicker stated that staff does not object to a residential development at 3008 West Balboa Boulevard; however, he suggested that the two parcels at 3010 and 3012 West Balboa Boulevard both be zoned either commercial or residential for consistency. The public hearing was opened in connection with this item, and Mr. James Brennan, Engineer, representing the applicant, appeared before the Planning Commission on behalf of the property located at 3008 West Balboa Boulevard. Mr. Brennan concurred with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Debay, Mr. Brennan explained that the grading and building plans are in the plan check process, and the plans are ready to be submitted to the Coastal Commission. Mr. Hewicker explained that . the aforementioned zoning conflict was discovered when the property owner at 3008 West Balboa Boulevard submitted residential plans for plan check. He further explained that the existing request would • amend the General Plan and the Local Coastal Program to residential, and would be consistent with the zoning, and would allow the property owner to develop a residential condominium on -10- COMMISSIONERS Ah \`.' Y °�� 01 ee' \ September 5, 1991 MINUTES CITY OF NEWPORT BEACH [RME CALL INDEX the parcel located at 3008 West Balboa Boulevard. Mr. John Blodgett, 20051 Moontide Circle, Huntington Beach, property owner with Mr. Jim Layer of property located at 3012 West Balboa Boulevard, appeared before the Planning Commission. Mr. Blodgett explained that it was their understanding that their property was zoned for residential uses when they purchased the property in 1990, and their plans were to develop the property for residential use in the future. He opposed commercial zoning on the property inasmuch as it would affect the value of the property, and their future plans would be influenced. Mr. Blodgett stated that he contacted one of the property owners at 3010 West Balboa Boulevard and he was informed by one of the partners that they would not object if the property at 3010 West Balboa Boulevard would be converted from a commercial to a residential designation. In response to a question posed by Commissioner Glover regarding no representation by the 3010 West Balboa Boulevard property owners at the Planning Commission meeting, Robin Flory, Assistant City Attorney, explained that the property owners would have an opportunity to address the proposed amendment when the request is forwarded to the City Council. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to questions posed by Commissioner Pomeroy, Mr. Hewicker explained that the properties at 3010 and 3012 West Balboa Boulevard would be required to take their vehicular access from West Balboa Boulevard, and the property located at 3008 West Balboa Boulevard may take vehicular access from an alley located along the side of the property. Mr. Hewicker indicated that if the properties at 3010 and 3012 West Balboa Boulevard were to retain their commercial designation, the most appropriate development for these parcels would be to construct a single commercial project on the entire site, which would include the video store at 3014 West Balboa Boulevard. . • Commissioner Merrill and Mr. Hewicker discussed the existing on- site parking, and access from the parcels to West Balboa Boulevard. -11- COMMISSIONERS Am A\CY)ee\N\ September 5, 1991 MINUTES CITY OF NEWPORT BEACH Raff CALL INDEX Commissioner Pomeroy questioned the Planning Commission staff report which stated that the property owners of the parcels at 3010 and 3012 West Balboa Boulevard have indicated they did not wish to be included in the proposed amendments to the General Plan and the Local Coastal Program, and he referred to the previous statements by the property owners of 3012 West Balboa Boulevard indicating that they desire to change the designation of their property so as to allow residential uses. Patricia Temple, Advance Planning Manager, appeared before the Planning Commission and she explained that when the General Plan Amendment was initiated in 1988, the property owners at 3010 West Balboa Boulevard indicated they had no objection to having their property redesignated from residential to commercial. At the time the staff report was prepared, it was staffs understanding that the current owners did not wish to have their prperty included in the proposed amendment to residential. Motion Motion was made to approve General Plan Amendment No. 91- 3(A) (Resolution No. 1264), Local Coastal Program Amendment No. 21 (Resolution No. 1265), Resubdivision No. 968, and Environmental Document, subject to the findings and conditions in Exhibit "A'. Ms. Temple requested that General Plan Amendment No. 91 -3(A), Exhibit "B ", page 32, be corrected to state "...Cannery Village is allocated 407 dwelling units...'; page 34 be corrected to state 1. Cannery Village - Residential in (du's) 113 Existing, 407 - General Plan Projection, 294 - Projected Growth," and that Commercial (in sq. ft.) be reduced by the .5 FAR per each lot. In response to a concern expressed by Commissioner Debay, Mr. Hewicker stated that the property owners of 3008, 3010, and 3012 West Balboa Boulevard, will be notified of the City Council public hearing. Ayes Absent * * Motion was voted on, MOTION CARRIED. A ENVIRONMENTAL DOCUMENT Findings: • That the proposed actions are Categorically Exempt from the provisions of CEQA. -12- COMMISSIONERS of c11 ah September 5, 1991 CITY OF NEWPORT BEACH MINUTES RdM CALL INDEX B. GENERAL PLAN AMENDMENT 91 -3(A) Adopt Resolution No. 1264, recommending City Council approval of General Plan Amendment 91 -3(A). C. LOCAL COASTAL PROGRAM AMENDMENT NO. 21 Adopt Resolution No. 1265 recommending City Council approval of Local Coastal Program Amendment No. 21. D. RESUBDIVISION NO. 968 Findines: 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. 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 arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is • desired to record a parcel map or obtain a building permit prior to completion of the public improvements. -13- COMMISSIONERS X11 September 5, 1991 MINUTES CITY OF NEWPORT BEACH ROTE CALL INDEX 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. 5. That as much of the site drainage as possible be conveyed to Balboa Boulevard. That the design of the site drainage be reviewed and approved by the Public Works Department. 6. That the intersection of Balboa Boulevard and the alley be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed 24 inches in height. 7. That the existing 10 foot wide section of dirt alley be • improved with concrete to City standards along the project frontage. All work shall be completed under an encroachment permit issued by the Public Works Department. 8. That street, drainage and utility improvements be shown on 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 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. 10. That County Sanitation District fees be paid prior to • issuance of any building permits. -14- COMMISSIONERS Aak \0 o. o September 5, 4991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX 11. That the Public Works Department plan check and inspection fee be paid. 12. 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. 13. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 14. That utility poles shall be relocated if required to provide standard access to parking. 15. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 16. 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. x x x Use Permit No. 2099 (Amended) Discussion stem No.6 Planning Commission review of a request to amend a previously UP2099A approved use permit which permitted the establishment of a take- out ice cream facility and related products on property located in No Action the C -1 District. The approved amendment permitted a request to Taken change the operational characteristics of the facility so as to expand the type of food items to be sold, to include deli sandwiches, hot dogs, baked potatoes, potato skins, microwave popcorn and pizza. LOCATION: Lot 15, Block A, Section 4, Balboa Island, located at 332 -A Marine Avenue, on the • easterly side of Marine Avenue, between -15- COMMISSIONERS S ah \01V\N September.5, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX North Bay Front and Balboa Avenue, on Balboa Island. ZONE: C -1 APPLICANTS: William P. and Cathy Trujillo, Balboa Island OWNER: Stephen M. Curtis, Balboa Island Commissioner Pomeroy stated that he has observed the take -out restaurant's operation many times during the summer months and he has never seen food pass through the take -out window, or a parking problem in the alley during high traffic hours. Mr. Bill Trujillo, applicant, appeared before the Planning Commission, and he submitted letters from adjacent neighbors in support of the operation of the take -out facility. In response to a question posed by Chairman Di Sano, Mr. Trujillo stated that one neighbor stating opposition to the facility at the May 23, 1991, Planning Commission public hearing is currently in support of the take -out restaurant. Motion was made to take no action at this time, and to direct the * Code Enforcement Office to monitor the operation. Commissioner motion * * Debay indicated that the applicants have recognized and corrected Ayes Absent * the neighbors' previous concerns. Motion was voted on, MOTION CARRIED. Amendment No. 736 (Continued Public Hearing) Item No.6 Request to consider amendments to Title 15 and Title 20 of the A736 Newport Beach Municipal Code so as to revise the noise level (Res.lzss) standards for mechanical equipment in residential areas. (Res.1266) INITIATED BY: The City of Newport Beach Patrick Alford, Senior Planner, addressed the Planning Commission and reviewed the revisions to the noise level standards for • mechanical equipment prepared since the August 22,1991 Planning Commission meeting. A table (Table 20.10) was prepared and -16- COMMISSIONERS September 5, 1991 MINUTES CITY OF NEWPORT BEACH RILL l I f 111 I ! INDEX ' incorporated into the ordinance to predict anticipated noise levels for air conditioning and other mechanical equipment in residential zones, and to provide a method of verifying compliance with noise standards without the requirement of certification by an acoustical engineer prior to finalization of an installation permit. Staff also included a provision that would exempt pre - existing, legally installed air conditioning equipment provided that such equipment does not exceed 8 DBA above the proposed noise standards. In reply to questions posed by Commissioner Pomeroy, Mr. Alford explained that the 8 DBA figure mentioned above was the same DBA variance allowed in an exemption provision of the County Code, and reflects the general noise level of older air conditioning equipment installed on residential lots at reasonable distances from a noise sensitive area. The figures contained in the Table 20.10 categories illustrate that sound decreases with distance. The table can be used to determine the location of noise sensitive areas and whether or not the equipment installation will meet the noise level standards proposed. Commission Pomeroy questioned the reasoning for including the words, "...and may be made with the windows of the affected unit open" contained in Section D. Noise Level Measurement of the proposed Zoning Code revision. Mr. Alford explained that the standard is for the protection of an adjacent property owner, and the right to live with windows and doors open without being affected from outside noise levels. The intent is that the City would have the option to determine the appropriate case for conducting the noise analysis. Assistant City Attorney Flory concurred that for purposes of enforcement, it would be the City's determination. In response to Commissioner Pomeroy's inquiry as to why staff is proposing changing the current standard for all air conditioners and pool equipment installed within ten (10) feet of a side or rear property line to "all mechanical equipment in residential zones," Planning Director Hewicker explained that the proposed standard is an attempt to comprehensively address regulating the noise levels emanating from mechanical equipment. He pointed out that the existing regulations do not prevent a noisy unit that exceeds the City's standards from operating as long as the equipment is located 10 feet from a property line. 17- COMMISSIONERS September 5, 1991 MINUTES R o o� \IA CITY OF NEWPORT BEACH IROMCALLI 11 Jill I INDEX The public hearing was opened in connection with this item; as no one appeared before the Planning Commission the public hearing was closed at this time. Commissioner Debay asked staff to clarify the exemption provisions for pre - existing air conditioners. Mr. Alford stated the two, provisions as being 1) the unit must be legally installed; and 2) the unit may not operate 8 dBA above the proposed noise level standards. Discussion ensued between the Commissioners and staff following Chairman Di Sano's inquiry as to whether or not staff felt the proposed revisions would encourage the appropriate installation of new units or the retrofitting of older, existing units. Planning Director Hewicker outlined several different installation techniques that could be employed to keep within the noise level standards proposed. The revised standards include methodology to aid in the determination of whether or not equipment can meet the requirements prior to installation, and to minimize the need for the • services of a technical consultant. Motion was made and voted on to approve Zoning Amendment Motion No. 736 (Resolution No. 1258) amending Title 20 of the Municipal Ayes Code and to approve an amendment to Title 15 of the Municipal Absent * * Code so as to revise noise level standards for mechanical equipment (Resolution No. 1266). MOTION CARRIED. Discussion Item: Discussion Item Amendment No. 727 n -i Request to initiate an amendment to Title 20 of the Newport A727 Beach Municipal Code so as to allow vehicle mounted real estate signs to exceed 4 feet in height so as to be reasonably visible from set for the street. PH to /lo Assistant City Attorney Flory stated that she had recently attended a meeting with representatives of the Newport -Mesa Association of • Realtors. Of primary concern of the realtors were problems associated with the City's restrictions regarding the placement of -18- COMMISSIONERS .1 September 5, 1991 CITY OF NEWPORT BEACH MINUTES RMECALL INDEX open house signs, and specifically those placed on top of vehicles. As a result of the meeting, the City Attorney was suggesting a minor revision to the Sign Code. The suggested revision pertains to a sign already permitted under the Code. Motion * Motion was made and voted on to set Amendment No. 727 for Ayes * * * * * public hearing on October 10, 1991. MOTION CARRIED. Absent x »:x ADDITIONAL BUSINESS: Add i Business Motion * Motion was made and voted on to excuse Chairman Di Sano from Ayes * * * * the September 19, 1991, Planning Commission meeting. MOTION Absent * * CARRIED. 0 ADJOURNMENT: 8:50 p.m. Adjourn NORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -19-