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HomeMy WebLinkAbout09/08/1994CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: MINUTES September 8 1994 CALL INDEX Present * * Commissioner Gifford and Commissioner Adams were excused. Absent s s : EX- OFFICIO OFFICERS PRESENT: Robin Clauson, Assistant City Attorney s s s William R. Laycock, Current Planning Manager W. William Ward, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary . s s s Minutes 18,1994 of August t minutes on Motion was made and voted on to approve the August 18, 1994, of 8/18/1 * * * Planning Commission Minutes. MOTION CARRIED. Abstain Absent * * s s s Public Comments: Public - Comments Commissioner DiSano commended William Laycock, Current Planning Manager, for the prompt attention he gave to a matter that was requested by a neighbor of Commissioner DiSano. s . : Posting of the Agenda: Posting of the Mr. Laycock stated that the Planning Commission Agenda was Agenda posted on Friday, September Z 1994, in front of City Hall. s : . • db \*Q4W0i001R%6&N: /� *TV ll7T 1%TLM7r7)l1DT 1121. Al�L7 MINUTES Q \ vaa i Va AM" VV a vA%a uu�waa Q 100A CALL INDEX Request to Withdraw: Request to Mr. Laycock stated that Item No. 2, Use Permit No. 3536, withdrawn. property located at 3333 West Coast Highway, regarding a request to permit the establishment of a private club, was withdrawn by OP3536 the applicant. Variance No. 1200 (Public Hearing) Item No. 1 Request to permit alterations and additions to an existing single V1200 family dwelling on property located in the R -1.5 District. The existing structure is nonconforming with regards to gross building Approved area, required parking and required front side and rear yard setbacks which were permitted in conjunction with a previous . variance. The proposed alterations include the enclosure of an exterior stairway and minor interior alterations. . LOCATION: A portion of Lot 17, Block 3, Section 5; Balboa Island, located at 1705 Park Avenue, on the southerly side of Park Avenue, between Jade Avenue and Crystal Avenue, on Little Balboa Island. ZONE: R -1.5 APPLICANTS: Daniel J. and Jane M. Mariscal, Sherman Oaks OWNERS: Same as applicants William Laycock, Current Planning Manager, addressed the five letters that the Planning Commission received from the adjacent residents stating their support of the request. The public hearing was opened in connection with this item, and • Mr. Gordon Glass, architect for the applicant, appeared before the i -2- CITY OF NEWPORT BEACH MINUTES CALL INDEX Planning Commission. Mr. Glass referred to the staff report and the drawing of the structure that was approved in 1963. He explained that the outside door to the first floor unit and the outside stair and door to the second floor unit indicates that the structure was a duplex prior to the time that the applicants purchased the property. Mr. Glass explained that the structure would be converted to a single family dwelling by enclosing the exterior stairway . In response to a question posed by Chairman Glover, Mr. Glass concurred with the findings and conditions in Exhibit 'W'. Commissioner Pomeroy and Mr. Laycock discussed staff s position regarding the issue of the enclosed stairway and the request that . would allow the structure to exceed the floor area to land area ratio by approximately 205 square feet or 22.4 %. . Commissioner Pomeroy, Commissioner Edwards, and Chairman Glover discussed the comparison of the Little Balboa Island Property Owners Association's approval of the subject request to . a previous application that recently came before the Planning Commission. Mr. Glass explained that by enclosing the open stairway it would not increase the bulk of the building; therefore, the living space would not be increased. Mr. Laycock stated that the City would never have allowed the second dwelling on the subject property because the Zoning Code requires at least one garage space for each dwelling unit, and the subject property only has one garage space. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Variance No. 1200 subject to the Ayes * findings and conditions in Exhibit 'W'. Commissioner Ridgeway Absent * stated that the application would benefit the neighborhood, and he addressed the letters in support of the project. Motion voted on, MOTION CARRIED. • • -3- COMMISSIONERS CALL • • Ll • MINUTES CITY OF NEWPORT BEACH ReptCmher 9- 1994 INDEX Findings: 1. That there are exceptional or extraordinary circumstances applying to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same District, inasmuch as the subject property is smaller than the typical lot on Balboa Island, and is subject to greater than normal setback requirements which restrict the amount of buildable area of the site and precludes any development. 2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed project is generally comparable to the size, bulk and height to other buildings in the surrounding neighborhood and strict application of setback requirements results in a lot with no buildable area, which would preclude any development. 3. That the granting of the variance will not, under the circumstances of the particular case, be materially detrimental to the, health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 4. That the granting of the modifications to the Zoning Code to maintain the existing rear, side and front yard setback encroachments and a new enclosed stairway to encroach to within S feet of the front property line will not be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property -4- COMMISSIONERS %V� 6, CITY OF NEWPORT BEACH MINUTES CALL IIVDEX improvements in the neighborhood, and further that such modifications are consistent with the legislative intent of Title 20 of this Code. 5. That the proposed development will not result in additional rooms; therefore, the on -site parking demand will not be increased. 6. 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. 7. That public improvements may he required of a developer per Section 20.82.050 of the Municipal Code. Conditions: 1. That the development shall be in substantial conformance with the approved plot plan and floor plans, except as noted below. 2. That the gross structural area of the subject project shall not exceed 1,119± square feet (so as not to exceed a floor area to land ratio of 1.24). 3. That the one -car garage shall be utilized for vehicular storage at all times. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That the unused portion of drive apron be removed and replaced with curb and sidewalk along the Park Avenue frontage as required by City Council Policy No. L-2. That all work shall be completed under an encroachment permit issued by the Public Works Department. • • 5 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES otemb 8,1994 ALL INDEX 6. 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. 7. That only one dwelling unit shall be permitted on the subject property and any second dwelling unit occupancy shall be prohibited. 8. That Coastal Commission approval sball be obtained prior to issuance of building permits. 9. That this variance sball expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. . Use Permit No. 3536 (Public Hearing) No.2 Item Request to permit the establishment of a private club with UP3536 dancing, pre- recorded music, on -sale alcoholic beverages and outdoor dining and drinking on property located in the Withdrawn "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan. The proposal also includes a request to approve an off -site parking agreement for a portion of the required off -street parking spaces and the approval of a full time valet parking service. LOCATION: A portion of Lot 170, Block 2, Irvine's Subdivision, located at 3333 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile (Private Club Site); and Parcel 1, Parcel Map 74/72 (Resubdivision No. 450), located at 204 -206 • Riverside Avenue, on the southeasterly side COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September t.10-04-- CALL INDEX of Riverside Avenue, between Avon Street and Cliff Drive (Off -site Parking Lot). ZONE: SP -5 APPLICANT: Edward Martinez St. Clair, Newport Boulevard OWNER: Haseko Inc, Los Angeles William Laycock, Current Planning Manager, stated that the applicant withdrew the application from the Agenda. s s s A. Use Permit No 3517 (Continued Public Hearing) Item No.3 Request to permit the establishment of a 24 hour Taco Bell drive- through, take -out restaurant facility, with indoor and outdoor ancillary seating, on property located in the RSC -H District. The UP3517 TS 99 proposal also includes: a request to waive a portion of the required off - street parking spaces; a modification to the Sign Code Cont ' d to 10/6/94 so as to allow two free standing pole or ground signs where the Sign Code permits only one free standing sign per building site; and an exception to the Sign Code so as to allow a restaurant logo on the special purpose directional signs, whereas the Sign Code prohibits such logos on directional signs; and the acceptance of an environmental document. AND B. Traffic Study No. 99 (Continued Public Hearing) Request to approve a traffic study in conjunction with a drive - through, take -out restaurant facility on property located in the RSC -H District. • 7 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES S September 9. 1994 CALL INDEX LOCATION: Lots 48 through 53 and a portion of Lot 54, Tract No. 1210, located at 1400 West Coast Highway, on the northerly side of West Coast Highway, across from the Balboa Bay Club. ZONE: RSC -H APPLICANT: Taco Bell Corp., Irvine OWNERS: Levon and Zarouhi Gugasian, Newport Beach Commissioner Edwards and Robin Clauson, Assistant City Attorney, discussed the various meetings that occurred between the applicant and interested parties prior to the subject public hearing. William Laycock, Current Planning Manager, stated that the subject request was previously continued to this date inasmuch . as the plans were revised as recommended by staff: i.e. the drive - thru lane is no longer in the 12 foot wide easement for the potential widening of West Coast Highway. Mr. Laycock pointed . out that the acoustical study that was attached to the addendum to the staff report addresses the outdoor dining and the drive -thru loudspeaker. Based on the acoustical study, the Planning Commission may desire to add the following two mitigation measures if the Planning Commission approves this application. 1. Post a sign on the approach to the speakerboard requesting radios be lowered so a patron may be heard at the speakerboard- 2. Install a speakerboard sound system that produces no more than 38 dBA at the east property line wall The public hearing was opened in connection with this item, and Mr. James "Buzz" Person, appeared before the Planning Commission on behalf of the applicant. Mr. Person stated that the proposal was first submitted to City staff in November, 1993, and subsequent to that time the plan went through a number of redesigns to conform to the City's needs and standards: the retaining wall at the rear of the property was redesigned; the drive -thru lane was removed from the 12 foot easement for the • future dedication to the West Coast Highway widening plan; the -8- COMMISSIONERS 0 CITY OF NEWPORT BEACH MINUTES CALL INDEX size of the project was reduced from approximately 2,000 square feet to 1,600 square feet, or approximately a 25 percent reduction of the size of the existing restaurant on the site. He concurred with the findings and conditions in Exhibit "A ". He said that an attempt would be made to patrol the parking lot every 30 minutes to keep the parking lot clean as requested in Condition No. 17, Exhibit "A". Mr. Person stated that the applicants and representatives met with several concerned residents this date to discuss the proposed project. He stated that the coastal bluff located on the subject property would become more stabilized once the retaining wall is in place; however, if the bluff would be cut back further than planned there could be a problem. The applicant intends to install lighting that would make the site safe, and at the same time minimize the interference with surrounding properties. Taco Bell informed the residents at the aforementioned meeting that the a second menu board would be installed on the side of West Coast Highway so any activity concerning late hour use of the drive -thru would be shielded from the residents. The second menu board would be covered during . daytime hours. Also, the outdoor dining would be closed at approximately 10:00 p.m. In reference to Condition No. 43, Exhibit 'W, Mr. Person stated that if there would be problems concerning the proposed 24 hours of operation some time in the future that the applicant would be willing to come back to the Planning Commission to review the operation. The take -out restaurant would not have a significant impact on the residents on the bluff based on the distance from the various property lines, the amount of the ambient noise level on West Coast Highway, and also that Taco Bell believes that it is in their best interest to maintain their Corporate image to run a good, clean, safe, and quiet operation. Commissioner Edwards requested a comparison of the proposed wall vs. the wall that exists behind Mcdonald's Restaurant. Mr. Person replied that the proposed wall would be approximately 3 feet to 4 feet higher at the highest point than the McDonald's wall. The subject lot is one of the narrowest lots in the vicinity and in order to get the use of the lot and to make the project work it was • 9 0 9f °f � I CITY OF NEWPORT BEACH MINUTES CALL INDEX necessary to have a few more feet to park the automobiles. Commissioner Edwards suggested that inasmuch as McDonald's Restaurant has proven to be a good neighbor that the proposed hours of operation be the same as McDonald's Restaurant. Mr. Person explained that the McDonald's hours of operation were determined so as to comply with the Bayshores community requests across West Coast Highway from McDonald's Restaurant, and also the Terrace Apartments on the site of the Balboa Bay Club are farther away from the subject property than Bayshores is from McDonald's Restaurant. Commissioner Edwards stated that the proposed hours of operation could set a precedent with the other take -out restaurants in the area. Mr. Person responded that each application should be considered on its own merits, and that the proposed hours would not set a precedent. In response to a question posed by Commissioner Edwards regarding the subject site, Mr. Person discussed the use of the subject property and the benefit that Taco Bell would have to the Mariner's Mile area- Mr. Person stated that it is necessary to find in order to modify the hours of operation that the noise is a detriment to the peace, . moral, safety, and community in reference to noise. Commissioner Pomeroy addressed the comments in the staff report concerning the subject property and he corrected the previous restaurant's hours of operation by stating that the Grinder Restaurant was a 24 hour operation. In response to questions posed by Commissioner Ridgeway, Mr. Person, Mr. Laycock, and Don Webb, City Engineer, discussed the elevation of the retaining wall. Mr. Laycock explained that the retaining wall at its highest point will be 14± feet with an additional 1 foot 6 inch on top for architectural relief in the form of an arch. Mr. Webb stated that the ground elevation in the area varies from 9 feet to 11 feet, and it is estimated that the proposed wall would be 10 feet high. Mr. Person replied that the menu and speaker box would be installed at the east end of the property inasmuch as the City Traffic Engineer and the Public Works Department requested a stacking lane during peak hours of 6 • automobiles at the menu board so the automobiles would not back • -10- COMMISSIONERS k CITY OF NEWPORT BEACH MINUTES September 3,1994 CALL INDEX up on to West Coast Highway. The menu board and the speaker box are directed towards West Coast Highway on the south side of the property. In response to a question posed by Commissioner Ridgeway regarding the Terrace Apartment residents, Mr. Person replied that the applicant did not contact the residents regarding the speaker board. In response to a question posed by Chairman Glover, Mr. Webb described the location of the speaker box. Chairman Glover and Mr. Webb compared the location of the proposed speaker box with the location of the McDonald's Restaurant speaker box. Mr. Skip Leonard, Real Estate Manager for the applicant, appeared before the Planning Commission. In response to a question posed by Commissioner Ridgeway, Mr. Leonard replied that the applicant would agree to close the speaker box between 2:00 a.m. and 6:00 a.m. and the pick -up window could be used for ordering during those hours of operation. • Mr. Gordon Bricken, 1621 East 17th Street, Santa Ana, Acoustical Engineer, appeared before the Planning Commission. Mr. Bricken stated that the proposed Noise Ordinance was used as a basis for assessment of the noise impact of the project. The proposed site would be at least 8 dBA less than the criteria in the proposed Noise Ordinance, and, therefore, would comply with the numbers that the City considers acceptable. Mr. Bricken stated that Taco Bell set the levels of the speaker board to be 65 dBA at three feet, i.e.: the speaker board would be no louder than a conversation if sitting in an automobile. Therefore, it would be difficult to hear the speaker board at a distance given the ambient noise levels from West Coast Highway, and in addition, the speaker board is mounted so the speaker sits adjacent to the board and the board provides a shield to the rear so there is actually more attenuation to the rear than there is to the front. At the property line the speaker could not exceed the numbers that are proposed by the Taco Bell speaker board which is 38 dBA. • -11- COMMISSIONERS A�TlrV n17 ATRW1P1fl12T RRA(`A MINUTES CALL INDEX In response to questions posed by Commissioner Pomeroy, Mr. Bricken replied that the noise would be difficult to be heard by the residents on the bluff above the subject site, and the residents would not hear the amplified speaker board. Mr. Bricken advised the applicant that the speaker board be closed at night and the customers order at the window. In response to questions posed by Commissioner Edwards, Mr. Bricken replied that his comments regarding the noise levels would be over a 24 hour period. Mr. Bricken referred to the chart attached to the addendum to the staff report indicating the West Coast Highway hourly noise levels at the residential property line at 10:00 p.m. The average noise level of West Coast Highway at the property line would be 62 dBA and the maximum level would be 71 dBA. The Noise Ordinance states that 50 dBA would be an acceptable number for residential property. Mr. Bricken stated that the speaker board would sit at a location where the sound would not reflect off of anything but the ground, and any noise . bounce that would occur was compensated for in the calculations. In response to questions posed by Commissioner Ridgeway, Mr. Bricken replied that shrubbery or landscaping would not significantly attenuate noise. Mr. Bill Dunlap, 400 Snug Harbor, appeared before the Planning Commission to oppose the project. He stated his concerns regarding the noise level that would develop because of the customers that would come to the take -out restaurant and congregate on the property. He asked if the wind factor was addressed in the acoustical report inasmuch as the residents are able to hear the speaker box at McDonald's Restaurant when the wind is right. The ambient light level would increase in the area, and the fumes from the automobiles would come to the residents on the bluff. In response to the question posed by Mr. Dunlap with respect to the wind factor, Mr. Bricken reappeared before the Planning Commission and he indicated that the acoustical report did not address the wind variations. In response to a question posed by Commissioner Pomeroy, Mr. Dunlap replied that he -12- COMMISSIONERS FAI • 4 MINUTES CITY OF NEWPORT BEACH CALL INDEX objects to the entire project inasmuch as it is not an appropriate use for West Coast Highway. Mr. John Sturgis, 601 Cliff Drive, appeared before the Planning Commission. In response to a question posed by Mr. Sturgis, Chairman Glover replied that she meets with the Mariner's Mile Business Association, and the subject project is in the Mariner's Mile area. Mr. Sturgis addressed the purpose of the City's restaurant outreach program concerning new restaurants coming into the City. He referred to the letters to the Planning Commission from the local residents concerning their opposition to the take -out restaurant. He pointed out that his letter dated July 21, 1994, states that the 24 hour facility would result in a significant increase in noise and light upon the area. The 24 hour operation would set a precedent in the area inasmuch as every fast food restaurant in Mariner's Mile would desire to be open 24 hours a day. In response to questions posed by Commissioner Pomeroy, Mr. Sturgis stated that he was not a resident in the area when the Grinder Restaurant was in operation. Mr. Sturgis further stated that the applicant informed him this date that the take -out restaurant would have to be open 24 hours to maintain profitability of the restaurant. Commissioner Pomeroy stated that the applicant indicated during the public hearing that they would be willing to come back to the Commission if problems would occur concerning the hours of operation. Commissioner Edwards addressed Mr. Sturgis' comments regarding the outreach program and the decisions that the Planning Commission makes based on the criteria that a restaurant brings to the Commission. In response to a question posed by Chairman Glover, Mr. Sturgis stated that the basis of his opposition to the project is that the facility is a drive -thru restaurant. Barbara Yeager, 1401 Kings Road, appeared before the Planning Commission. She referred to the letters that she wrote to the Planning Commission dated August 1, 1994, and July 21, 1994, and she addressed the concerns that the residents have regarding the project. She does not object to the proposed project. The suggestions that are included in her letters are based on the -13- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES 9, 1994 _eptembe; WALL IlVDEX operation of the McDonald's Restaurant, and if the size of the site is not large enough to meet the conditions then the take -out restaurant may not be an appropriate use for the site. Mrs. Yeager read her letter dated August 1, 1994, and the L. A. Times article concerning Taco Bell that was attached to her letter. Chairman Glover pointed out that Mrs. Yeager's concerns regarding noise, light, and hours of operation would be addressed by the Planning Commission inasmuch as conditions are included in the use permit. In response to questions posed by Commissioner Edwards, Mrs. Yeager stated that she did not meet with the applicant this date, that she had concerns regarding the sound from the drive - thru restaurant all times of the day, and that the lighting would not shine into her backyard.. Mr. John Yeager, 1826 Buttonshell, appeared before the Planning Commission. He was concerned with the quality of life in the City, and that the City maintain a healthy business environment. He questioned if the City needs a 24 hour drive -thru restaurant on West Coast Highway, and if it would attract new revenue into the . City. He stated that there are legal problems concerning the project that are inconsistent with the General Plan, i.e.: the City would be cutting 13 feet into the bluff because the site is not big enough to handle the drive -thru restaurant, and the parking that would be allowed in the 12 foot easement on West Coast Highway and the number of parking spaces that would be taken if the highway would be widened. The lighting should be approved by the staff and /or the Planning Commission in addition to the lighting engineer. He stated that the parking waiver is a variance from the Zoning Code and there is nothing in the staff report that supports a finding required to approve a variance, and he indicated that modifications to the Zoning Code do not apply in this case. He suggested that the site design be modified to give sufficient stacking comparable to McDonald's Restaurant, and he questioned the need for a traffic monitor. Mr. Tom Hyams, 217 - 19th Street, appeared before the Planning Commission. Mr. Hyams discussed the results of his research of drive- through and take -out restaurants based on his concerns • I -14- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September 81-499d CALL RMEX regarding the McDonald's Restaurants that were considered for the Balboa Peninsula. He compared the que line, the number of trips a day, and the number of employees to McDonald's Restaurant. Mr. Hyams concluded that the McDonald's Restaurant approved on 28th Street was required to eliminate the speakers and they were required to close the operation at a reasonable hour to be consistent with the neighborhood. He recommended that if the Planning Commission has a desire to make the subject establishment tolerable for the residents that now would be the time to do it. In response to a question posed by Commissioner Edwards regarding the que factor, Mr. Hyams expressed his concerns that the que line at the subject drive - through restaurant would require the automobiles to wait in the middle of West Coast Highway to enter the que line, similar to experiences he had at McDonald's Restaurant on West Coast Highway. Mr. Dave Wooten, CEO of the Balboa Bay Club, appeared before the Planning Commission. Mr. Wooten stated that he was not . aware of any meetings between the applicant and the Balboa Bay Club regarding the subject establishment. He said that inasmuch as he was not familiar with the request that he was unable to indicate if the Balboa Bay Club would have a problem with the project. He expressed a concern that the speaker box would be directly across West Coast Highway from the Terrace Apartments, and the noise study did not indicate if there would be a noise impact on the residents. In response to a question posed by Commissioner Ridgeway, Mr. Wooten stated that he did not personally receive a public notice regarding the project. Mr. Art DeLaL.oza, 220 Kings Place, appeared before the Planning Commission to state his opposition to the subject project. Mr. DeLaLoza questioned if the proliferation of fast food restaurants on West Coast Highway across from the Balboa Bay Club would add or detract from the image of a first class city. He expressed concerns regarding the traffic that would be generated at the subject location, the customers that would be congregating on the site at all hours of the night, and if the sudden level of noise that • -15- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September 8, 1994 CALL INDEX would change in the middle of the night would disturb the residents and their quality of life. He addressed the legality of the alteration to the bluff, and he suggested that a master scheme for a wall be considered for the Mariner's Mile area. He opposed a 24 hour establishment inasmuch as it would create an atmosphere of negative elements for the residential community. In response to questions posed by Commissioner Edwards, Mr. DeLaLoza questioned if the subject establishment would be a quality project for the subject location, across from the Balboa Bay Club. If the project would be approved it should be approved in a way that answers all of the legitimate concerns of the neighbors. Mr. Marcos Weinstein, 843 West 15th Street, appeared before the Planning Commission. He addressed the negative affect that the deterioration of the subject property has on the residents above the site. He discussed the affordability, value, and environment of a Taco Bell, and that adjustments would be made to the speaker box in consideration of the residents. Mr. Weinstein stated that he is an Assistant Manager of Taco Bells in Tustin Marketplace . and Orange, and that the establishments take outside orders to eliminate noise from the automobile to the speaker box during peak volume times. Mr. Weinstein concluded that the Taco Bell establishment would be a long term facility on the site. In response to questions posed by Commissioner Pomeroy, Mr. Weinstein replied that 1,200 visits a day is average at Taco Bell, and his establishments have a total of 11 or 12 employees. In response to a question posed by Commissioner Edwards, Mr. Weinstein replied that the 24 hour establishment that he manages is located in the Tustin Marketplace. In response to questions posed by Commissioner Ridgeway, Mr. Weinstein replied that the employees park away from the Taco Bell establishment, and the majority of the 8 employees that are scheduled for one shift do not drive automobiles to the restaurant. He said that he has a maximum of three cash registers at the Tustin Marketplace site. There being no others desiring to appear and be heard, the public hearing was closed at this time. • -16- COMMISSIONERS 9f M6o CITY OF NEWPORT BEACH MINUTES September 2, 1-904 CALL HiMEX In response to questions posed by Commissioner Pomeroy regarding employee parking spaces, Mr. Laycock explained that no specific number of parking spaces were required for the proposed 8 employees. Mr. Laycock stated that the number of required parking spaces was based on the maximum number of employees on duty plus one parking space for each 50 square feet of floor area in the take -out restaurant, and a portion of the parking spaces were waived by the Planning Commission when McDonald's Restaurant was approved on West Coast Highway. In response to a previous question posed by Mr. Sturgis regarding Mariner's Mile Business Association, Chairman Glover stated that Taco Bell was never discussed at the meetings she attended. She further stated that she has no financial interest in Mariner's Mile and on that basis there would be no conflict of interest. In response to comments by Commissioner Pomeroy and Commissioner Ridgeway, Mr. Person reappeared before the Planning Commission. He stated that the applicant contacted the • Balboa Bay Club regarding the proposal when the project was first considered; however, there were no meetings between the two parties. In response to comments made during the public testimony, Mr. Person stated that the proposed facility is a 1,600 square foot building, approximately 25 percent of the size that currently exists on the property, and there will be 8 employees at any one time. The applicant would eliminate the sound board completely during the off hours, and the parking lot would be chained off so people could not congregate at any time during the off hours of 2:00 a.m. to 6:00 a.m. and the restaurant would become only a drive -thru facility during the foregoing operating hours. Mr. Person emphasized that if there are problems the applicant will fix them, and if they cannot fix them, the applicant will come back to the Planning Commission at their request and the hours of operation will be modified. -17- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September 2 1 QUA CALL INDEX The Commission considered continuing the subject application for the purpose of negotiating and addressing the residents regarding the 24 hour operation. A continuance would also provide an opportunity for the applicant to meet with the Balboa Bay Club for their review and input. Commissioner Pomeroy stated that the applicants indicated that they would eliminate all of the issues concerning the 24 hour operation, i.e.: the noise from the speaker box and the customers congregating on the site, and if these were unsatisfactory, remove the 24 hour operation. He stated that the request is a permitted use in the area, and that be did not find the 24 hour operation offensive. Commissioner Edwards expressed a concern regarding the proposed 24 hour operation based on the ambient noise level of the drive -thru operation, and he addressed the late night activities that could occur in the restaurant's parking area. ! Commissioner Ridgeway expressed his concern regarding the 24 hour operation. In response to questions posed by Commissioner Ridgeway, Mr. Laycock replied that he was not aware of any 24 hour drive -thru restaurants in the City. Discussion ensued with respect to the number of 24 hour restaurants that exist in the City. Commissioner DiSano stated that he had a concern with respect to persons congregating at the 24 hour drive- through facility. He discussed the reasons why the take -out restaurant would provide more business for the City, and that Taco Bell would provide a legitimate business on the subject site. Motion Commissioner Edwards made a motion to reopen the public . Ayes * hearing. Motion voted on, MOTION CARRIED. Absent Mrs. Barbara Yeager reappeared before the Planning Commission. She agreed to meet with Taco Bell's project manager and their representative to discuss the residents' concerns. • -18- COMMISSIONERS Motioi Ayes Absent 0 • MINUTES CITY OF NEWPORT BEACH kLL INDEX Mr. Person reappeared before the Planning Commission and he agreed to a continuance to the October 6, 1994, Planning Commission meeting. There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made to continue Use Permit No. 3517 and Traffic * * * Study No. 99 to the October 6, 1994, Planning Commission * * meeting. Commissioner Edwards indicated that he would not be present at the October 6th meeting. Motion voted on, MOTION CARRIED. The Planning Commission recessed at 9:55 p.m. and reconvened at 10:00 p.m. # # R Amendment No. 809 (Public Hearinel Item No.4 Request to consider amendments to Titles 19 and 20 of the A809 Newport Beach Municipal Code, so as to amend the condominium (Res 1369 conversion provisions for residential condominiums. Approved INITIATED BY: The City of Newport Beach Commissioner Ridgeway stated that the amendment is a direct result of the West Newport Advisory Committee making a recommendation and requesting the City to ease the condominium conversion ordinance in order to encourage property owners to live in the West Newport neighborhood. He commented that the amendment is exactly as the committee requested. -19- COMMISSIONERS 0kVN\\"VA\o§N0 CITY OF NEWPORT BEACH MINUTES CALL INDEX In response to a question posed by Commissioner Pomeroy with respect to the 10 threshold vs. the 15 threshold, Commissioner Ridgeway replied that he had no opinion concerning the recommendation. He said that there are sections in the amendment that are important to the ability to convert and create homeownership and those provisions were addressed in the amendment. In response to a question posed by Chairman Glover, William Ward, Senior Planner, explained that the City's Vacancy Rate provision could apply only to projects that contain 15 units or more, and condominium conversion projects with less than 15 units would not be a problem.. Mr. Ward stated that the addendum to the staff report includes changes to the draft ordinance: Language concerning lot line adjustment in draft Section 20.73.025 (G) should be deleted; delete 'unless otherwise approved by the Building Director" from Section 20.73.025, Paragraph (C) and "unless otherwise approved by the . Utilities Director" from paragraph (E). Mr. Ward recommended that "otherwise approved" be deleted inasmuch as the language could conflict with the waiver provisions that the Modifications Committee has in Section 20.73.030. The language would allow the Modifications Committee to waive standards based on recommendations received from the individual departments. Commissioner DiSano addressed Section 20.73.030 stating his support that a majority vote of the Modifications Committee present and voted would be required as opposed to a 4/5 majority vote. The public hearing was opened in connection with this item, and Ms. Georgine Vaught, 306 Columbia, appeared before the Planning Commission. Ms. Vaught requested a clarification of Section 19.10.050 (C) Tenant Benefits and Notification: That each of the tenants of the proposed condominium will be given notice of an exclusive right to contract for the purpose of their respective units upon the same terms and conditions that such units will be initially • -20- COMMISSIONERS d'TrFv'V A1M 1\TVUTVnIOO r RFA(`T-7 MINUTES . A ....... CALL INDEX offered to the general public or terms more favorable to the tenant. Mr. Ward explained that the provision is a requirement of the Subdivision Map Act for conversion and the right of first refusal by an existing tenant is specified in the Act and is in compliance with the State Code. The provision would not impose a hardship on a two unit project inasmuch as the existing tenants in each of the units would have the opportunity to purchase the unit at fair market value. Commissioner Pomeroy stated that the tenant could waive the right to purchase, and if the tenant did not waive the right to purchase before the conversion the tenant would have to be evicted. In response to questions posed by Chairman Glover, Commissioner Ridgeway stated that the amendment would create owner /occupied units in West Newport inasmuch as the area currently has 70 percent renters; however, the provisions would apply throughout the City. Mr. Ward further explained that a Condominium Association and CC &R's would be required if a condominium is established. The existing condominium conversion • provision allows the City to collect an additional fee for the review of CC&R's; however, staff recommended that the provision be eliminated inasmuch as there is no desire to get involved in the review process. The Department of Real Estate establishes the requirements and guidelines of what is required in the CC &R's as well as how a condominium plan has to be prepared in order to delineate the units of air space. Mr. Ward stated that the property owner who establishes the condominium is responsible for recording the condominium plan and recording the CC &R's prior to the sale of the condominium. In response to comments by Commissioner Edwards, Commissioner Ridgeway stated that the West Newport Advisory Committee has considered provisions that would create more of a residential environment and less apartment -type facilities throughout the City. • -21- COMMISSIONERS •oO9P�f'l�O`��s�'O CITY OF NEWPORT BEACH MINUTES CALL INDEX motion ayes * * * * * Motion was made and voted on to recommend to the City Council the approval of Amendment No. 809, as revised, and adopt absent * * Resolution No. 1369. MOTION CARRIED. D-1 Temporary Use of Land Temporary Use of Request to consider the temporary use of land for a period of time Land not to exceed 90 days, which involves the installation of a 4,000± square foot tent within the existing parking area of the Hyatt Newporter Resort. The tent structure will be used for a variety of public assembly uses such as weddings, receptions, conferences and exhibitions. LOCATION: Parcels 1 and 2, Parcel Map No. 17 -3, located at 1107 Jamboree Road, northwesterly of the intersection of Jamboree Road and Back Bay Drive. ZONE: RSC APPLICANT: Hyatt Newporter Resort, Newport Beach OWNER: Same, as applicant Motion * Commissioner DiSano made a motion to allow the temporary Ayes installation of a 4,000 square foot canopy during the holiday Absent * season. Motion was voted on, MOTION CARRIED. sss • -22- 9 � �o CITY OF NEWPORT BEACH MINUTES ft CALL INDEX Amendment No. 810 °'2 Request to consider initiating an amendment to Title 20 of the Asio Newport Beach Municipal Code so as to revise the definition of set for the term "restaurant ". public hearing Ms. Clauson stated that the City is currently involved in litigation 9/22/94 where it is being asserted that the definition as it exists would make any business that sold any food or beverage a restaurant. The proposed amendment would be to clarify that a restaurant would have the primary purpose of providing food and beverage, and not the incidental service of food and beverage inasmuch as there are instances where. two- thirds of the an area are stages and dancing area, and not for the service of food. Commissioner Pomeroy disagreed that twenty-five percent of the gross floor area of a restaurant can be devoted to live entertainment and /or dancing. He stated that if over half of a building is used for restaurant than that would be the primary . purpose, and he suggested language such as "majority" so the Planning Commission would not have to inform an applicant how much room can be part of the dance floor or for entertainment. Discussion ensued between the Planning Commission and staff with respect to the Specialty Food Service portion of the Code. Ms. Clausen stated that if the Planning Commission requests that staff address specialty foods and live entertainment then it would have to be initiated at a future date. Motion Motion was made and voted on to set Amendment No. 810 for Ayes * public hearing for the September 22, 1994, Planning Commission Absent meeting. MOTION CARRIED. ADDITIONAL BUSINESS: COMMISSIONERS CITY OF NEWPORT BEACH MINUTES CALL IMEX Motion * Motion was made and voted on to excuse Commissioner DiSano Disano Ayes Absent * * * * * * from the September 22, 1994, Planning Commission meeting. MOTION CARRIED. excused ADJOURNMENT: 10:30 p.m. Adjourn TOD RIDGEWAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -24-