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HomeMy WebLinkAbout09/09/1999 (2)CITY OF NEWPORT BEACH • Planning Commission Minutes September 9, 1999 Regular Meeting - 7:00 p.m. • • ROLL CALL Commissioners Fuller, Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund All present. STAFF PRESENT: Sharon Z. Wood - Assistant City Manager, Economic Development Dan Ohl - Deputy City Attorney Rich Edmonston - Transportation and Development Services Manager Ginger A. Varin - Planning Commission Executive Secretary Marc Myers- Associate Planner Patrick Alford - Senior Planner Minutes of August 19, 1999: Motion was made by Commissioner Kranzley and voted on, to approve the minutes of August 19, 1999 as written. Ayes: Tucker, Ashley, Selich, Gifford, Kranzley, Hoglund Noes: None Absent: None Abstain: Fuller Public Comments Mrs. Lizanne Whittey, 3632 Blue Key, Corona del Mar spoke about the Harbor Day Gym and its impact on her neighborhood. Postina of the Aaenda: The Planning Commission Agenda was posted on Friday, September3, 1999 INDEX Minutes Approved Public Comments Posting of the Agenda City of Newport Beach • Planning Commission Minutes September 9, 1999 2720 Bayview Drive • Variance No. 1227 • Modification No. 4960 Request to approve a variance for the construction of a new single family residence which exceeds the allowable 1.5 times the buildable area of the site. The application also includes a modification to the Zoning Code to permit the structure to encroach 16 feet into the 20 foot front yard setback along Bayview Drive, and 7 feet into the 10 foot rear yard setback. Commissioner Fuller recused himself from this item due to a possible conflict of interestdue to an associate living on the same street. Chairperson Selich confirmed with staff that the applicant's representative did not contact staff regarding the story pole procedures. Public comment was opened. Andrew Goetz, 503 Goldenrod, architect and spokesman for the applicant, noted that he erected story poles with colored tape and string line and notified • the neighbors resulting in a productive meeting with them. He had provided a plan to them that showed the imposition of the existing house and the one being proposed. He ascertained that he made a diligent effort to correct any concerns. He had evaluated some square footage and looked at some areas that could be pulled back to provide some benefit to the neighbors. Chairperson Selich noted that, at the last meeting, he had asked if the pole procedures as outlined by the staff were going to be followed. Do you feel you have followed those by what you did? Mr. Goetz answered, not to the letter of the law. My mental assumption was that by establishing the ridge height and showing the height of the structure, that working on the roof and getting around the perimeter seemed a little exasperating and not necessary. Chairperson Selich asked that when the residents came up to speak, to not go over what was said at the last meeting. The Planning Commission is awaiting any new information or ideas resulting from the meeting with Mr. Goetz. Robert Walchli, 219 Goldenrod, thanked the Commission for the extension of this application. He noted that it allowed time for productive conversation. Continuing, he noted his appreciation to Mr. Goetz for his time by listening to the neighbors' concerns and making concessions to saving views. The revised plan will reduce a number of impacts on the up -slope lots. He had • suggested to Mr. Goetz to reduce the wall thickness on the corner to aid in the INDEX Item No. 1 Variance No. 1227 Modification No. 4960 Continued to 10/07/1999 • City of Newport Beach Planning Commission Minutes September 9, 1999 • • visual impacts to the neighbors. We can support Commission supports it. reduction if the Planning Jean Bruton, 219 Goldenrod noted her continuing concern with the height. She noted that this is a graceful and elegant design that will add to the neighborhood. She added that Mr. Goetz did reduce the bulk and showed a plan with the new house over the old that depicted not much of an increase. She thanked him for his time. Sandra Beckman, 206 and 206 % Fernleof noted her concern with the square footage. Continuing, she stated that the code says that the rest of the neighborhood has to stay within the limits. The limit for this house is 2,475 square feet, therefore, this proposed remodel needs to be trimmed by 680 square feet. It does not matter if some of it is subterranean; the site allowance is 2.475 square feet. If the Planning Commission allows this variance to go through, there is another property two houses away that has recently sold. There will be a plan to tear it down and build bigger. As a former real estate appraiser, she knows that people who purchase these unusual shaped lots knew exactly what they were doing. They bought a half lot and paid half as much for it, they can only build half as much house. Why does the Planning Commission even consider allowing a variance for over building? Concluding, she noted that the Planning Commission should not allow this variance, as it will set precedent. Mrs. Beckman answered that the neighbors have agreed to the diminished setbacks and are allowing part of the variance. I have to have a 20 -foot setback, but they are not going to have to. How are you going to build a buildable house on this lot with a variance and setbacks? The neighbors are agreeing to that part, but are not in agreement with the over - building of the square footage, because that is against the code and sets precedent. The square footage with the setbacks is 1,650 square feet times 1.5 equals buildable which gives 2,476 square feet. Lynn McAlister, 218 Goldenrod read the following into the record: 'We would once again like to state objection to the above referenced project as is currently proposed. The main objection is the proposed bulk of the house on such a small lot. We would like to see a reduction in the visual mass of the proposed residence so that the completed projectwill blend into the rest of the neighborhood. Under current code, the allowable building land area of this lot is 510 square feet, which would allow a buildable residence of 765 square feet (based on the 1.5 times buildable factor). This premise should be the starting point for any variance and /or modification. We agree with the Planning Commission with regards to the owner's right to have reasonable use of the land (but also please keep in mind the old saying'you get what you pay for'), and as such we would propose the following compromise: II�1* 1 • City of Newport Beach Planning Commission Minutes September 9, 1999 • Front 4 feet • Rear 4 feet • Alley 5 feet • East side 10 feet (this is the existing setback and would be consistent with the 20 foot setback for a full lot) Using these setback guidelines would, along with the applicable building ratio factor of 1.5 times, resolve the main issue of bulk and the size of the home. Thus, the new buildable lot area would be 1,452 square feet based on a lot size of 33 x 44 square feet, allowing the home to be 2,178 square feet. We feel that this compromise proposal allows the owner's 'reasonable and equitable" use of their property. In conclusion, she asked that the Planning Commission consider these recommendations as she and her neighbors are very concerned about oversized houses being built on these small irregular lots." Marion McNulty, 213 Goldenrod stated that the new house should sit within the same building area as the existing house and not present any additional bulk. Public comment was closed. • Chairperson Selich asked about the compromises and changed plans. He asked staff if there were any revised plans presented to staff. Marc Myers answered that no new plans or configurations have been submitted to the Planning Department. Additionally, staff had not been included in any of the discussions noted by the speakers with regards to changed plans. Commissioner Kranzley stated that the Planning Commission could not approve a set of plans they have not seen. Secondly, the Planning Commission can apply reasonable setbacks and a reasonable floor area ratio. With a variance, the Commission is trying to take a lot that has unusual setbacks and configurations and try to make that lot comparable to lots of similar size in the area. I have a major issue with the subterranean square footage. I understand that it does not add to the bulk and it can not be seen, but I truly believe that this is a new concept. If the Planning Commission is going to start analyzing buildings in the City based on bulk, we need to have that agendized and have a public hearing. I am not prepared to grant a variance on subterranean square footage just because you can not see it. That would violate the current code. Commissioner Tucker, agreeing with Commissioner Kranzley, noted that looking at the square footage it is possible to come up with some type of reasonable building area for the lot multiplied by the 1.5 factor. That footage is not going • to be 3,155 square feet, that lower area is probably going to go. If the INDEX • City of Newport Beach Planning Commission Minutes September 9, 1999 applicant wants to retain the lower area, than it comes out of something above grade. This discussion is what reasonable setbacks are and then a matter of computation with buildable area times 1.5 and that is what I would support. Commissioner Ashley concurred with previous comments noting that the basement area should not be included with this variance request. The types of setbacks proposed by Mrs. McAlister appear to be in line with what is in the neighborhood. I can not approve this application as submitted, as we do not have a final plan to consider. I appreciate what Mr. Goetz has attempted to do with the neighbors as well as the residents who took the time to work with him. Chairperson Selich noted his concurrence with what was stated. Here-opened the public comment to ask Mr. Goetz to indicate whether he would like a continuance. Public comment was re- opened. Mr. Goetz, 503 Goldenrod stated that based on the comments he noted that the square footage was 2,601 and that should be a clear concise number for • him to work with. He confirmed that he could modify the plans to that level. He asked for a continuance to the meeting on October 7th. Public comment was closed. Commissioner Kranzley asked for and received a clarification about the setbacks and if the building would stick out further in any way on the lot? Mr. Myers answered that it would be in line both on Boyview Drive and along the alley with the other houses. Commissioner Gifford commented that if some small overage in square footage allows the underground parking which in turn would allow more animation in the above portion of the building, she would not be opposed to granting some small variance to accomplish that. Not the 554 square feet that is requested to bring it up to 3,155, but to allow Mr. Goetz some latitude to come up with the best above ground design. Commissioner Hoglund noted that he would not support any more than 2,601 square feet. The proposed setbacks submitted are actually greater than what staff considers reasonable. The architect has already designed the structure for 4ft, 4, ft, 5 ft and 3 ft setbacks. I would support allowing them to build 2,601 feet but with the setbacks he has already proposed rather than those proposed by staff which would be less beneficialto the neighbors. n ►--I INDEX • City of Newport Beach Planning Commission Minutes September 9, 1999 Commissioner Gifford noted that the neighbors did not appear to have a problem with having the same setbacks as in the rest of the neighborhood. We may be forcing the architect into a height limit problem if we take the setbacks he was proposing when he was looking at 3,155 square feet with the underground component. Mr. Goetz noted that by putting a single car garage with a minimal pathway going upstairs, he could keep that square footage out from the upstairs area. He will reduce the house by two areas in the basement that is 377 square feet. He would be over the 2,601 by approximately 200 square feet. That 200 square feet would comprise of the stairs that would come from the subterranean parking up into the house and the thickened wall that would allow for some articulation. Commissioner Ashley noted that if the underground area was removed from the project, the proposed building would have been 2,534 square feet or less above grade. Why can't you keep the design, make the reductions that you have promised to the neighbors, eliminate the basement altogether and come in with something less than 2,500 square feet? Mr. Goetz answered that if a single parking stall was built, the view corridor of • the neighborwould be eliminated. By having the parking go down and on site, it would allow the neighbor to get the harbor and channel views from 30 - 40 feet back into her lot. Commissioner Tucker commented that the concept of reasonable setback is for the purpose of establishing how many square feet could be built on this lot if it were to be compliant. The actual setback is separate from the computational purposes of the reasonable setbacks, that is just to establish how many square feet could be built. Once we have taken a difficult lot and created reasonable setbacks, established the amount of available square footage, even though there is an admirable purpose for going over the square footage like creating a parking spot, I am reluctant to see additional footage. We would then have a constant stream of arguments about stairways and articulation and thicker walls. I think once we go to the effort of determining reasonable setbacks, we ought to stick to the square footage that we are granting to the variance rather than an addition to what the applicant would have been entitled to if the lot had these setbacks in the first place. I would not support any footage beyond the reasonable setback. As I understand it, the design above grade can stay the same. I support the reasonable setback and the 2,601 square feet but no more. Commissioner Gifford noted the Planning Commission does not consider a variance except where there are certain conditions that make the lot fall outside the norm for the area. It seems almost punitive to the neighborhood • because a few square feet will cause a less desirable elevation. We have to INDEX • City of Newport Beach Planning Commission Minutes September 9, 1999 look at all the elements and the elevation that could relieve some of the mass. Commissioner Kranzley stated that the architect seems to have most of the impacted neighbors in agreement with the envelope he has proposed on this lot. It is more than the lot is currently built, and that square footage falls within 2,242 and 2,454 square feet. Commission Tucker noted that the 2,601 square feet would fit the revised project. Motion was made by Commissioner Ashley to approve the application subject to the conditions in Exhibit A, plus the following: • The building as adjusted above ground is a plan that this Commission could accept. • The applicant would be allowed a one car subterranean garage as requested to maintain the view corridorof the adjacent neighbor. • The variance would also apply the setbacks employed on the plan that the neighbors have accepted. Chairperson Selich stated he is opposed to this motion. What the Planning Commission needs to do is give Mr. Goetz a set of reasonable setbacks and the • amount of square footage to work within. He has met with the neighbors and knows what their concerns are and now he needs to come up with a new plan. I am uncomfortable approving conceptual plans that I have not had time to analyze. CommissionerTucker stated his agreement noting that staff needs to have a set of approved plans to check against. Substitute Motion was made by Chairperson Selich to continue this item to October 7m and give the applicant direction that he aim to hit a target of 2,601 square feet or less, based on the reasonable setbacks indicated on page 3 of the staff report and that he bring the design back in conformance with the setbacks proposed by the architect on page 3. The reasons for the change is that it would be difficult to find that the application, as submitted, is necessary for the preservation and enjoyment of a substantial property right and that it might constitute the grant of a special privilege. Ayes: Tucker, Selich, Gifford, Kranzley, Hoglund Noes: Ashley Recused: Fuller Abstain: None ass 40 INDEX • City of Newport Beach Planning Commission Minutes September 9, 1999 SUBJECT: Newport Sports Collection Foundation 100 Newport Center Drive • General Plan Amendment No. 99 -2 (E) • Planning Directors Use Permit No. 40 Request toIexpand the second floor office area in an existing building by approximately 882 square feet. Also included is a request to relocate a small sports memorabilia museum, known as the Newport Sports Collection Foundation, into the bottom floor of the building. The project involves the approval of: • a General Plan Amendment to permit additional development ince there is no additional allowable development in this part of Newport Center, and • a Use Permit to permit the use of the sports memorabilia museum as n accessory use to the principal permitted office use. Commissioner Kranzley stepped down from the dais because of a possible conflictof interestrelated to a campaign contribution. • John Hamilton, President of the Newport Sports Collection Foundation at Commission inquiry, stated that he had asked the Irvine Company about the opportunity to replace some of the ficus trees along Newport Center Drive. The indication was to present a detailed landscape plan. Chairperson Selich asked if he had any concerns about a condition to retain those trees as part of this application. These parcels were developed as one parcel and the trees were planted along Newport Center Drive in the setback area. As part of the design concept, I am concerned with the removal of trees, as it will destroy that concept. Mr. Hamilton answered that he has received a report from an arborist concerning the condition of those trees and that there may be issues of safety concerns and ability to survive. He does not see the relation between the trees and what is being asked for. If the arborist shows that the trees are diseased or need to be replaced, I will be reasonable with what would be replanted. Commissioner Fuller asked about the display area and that it would remain as part of the building. Would you object to a condition that, if this approval is granted, would restrict that use to display area? Mr. Hamilton agreed, he said that it would be undesirable as office space as there are no windows in that area and it is part of a vault. 0 Mrs. Wood noted that the parking provided is at an office rate. If this area INDEX Item No. 2 GPA 99 -2 (E) PDUP No. 40 Recommended for approval • City of Newport Beach Planning Commission Minutes September 9, 1999 were converted back to office, we would still be in compliance with the parking requirement. Office is the primary use permitted at this site. The display area is the unusual part that requires a use permit. Commissioner Tucker noted that this use permit is to move a museum that is otherwise located in Newport Center to this location, which in my mind is more conducive to public viewing than the existing location. Commissioner Hoglund stated that staff would recommend approval of this expansion of 882 square feet. Are we saying that the expansion is okay because we need more office space? Or, if we approve on extra 882 square feet because it is a museum, then we should put a condition that it has to remain part of that space. If it is not going to remain a museum, than we should not bring up the fact that it is a museum as part of the approval process. Mrs. Wood stated that if that would be the only reason the Commission would approve the additional square footage, than a condition like that would make sense. But, because it is such a small addition and staff does not believe it will have any traffic, parking or other environmental impact and since office is the primary permitted use in this area, it appears to be an • abundance of caution to add this. Staff would have recommended approval if an office tenant came in and asked for an additional 882 square feet. Public comment was closed. Motion was made by Chairperson Selich to recommend to City Council, approval of General Plan Amendment 99 -2 (E) and Planning Director's Use Permit No. 40 with the findings and conditions as outlined in Exhibit A with an additional condition that the ficus trees along Newport Center Drive be preserved unless the applicant submits to staff a report from a recognized arborist that the trees need to be removed. In the event of their removal that they be replaced with the largest sized trees of the same species commonly found in commercial nurseries. Chairperson Selich noted that this is an integral part of the entrance to Newport Center and by starting to selectively remove the ficus trees with no replacement, then other property owners can do the same thing. The landscape plan will then be destroyed and that is part of the character along that area. This issue is part of the design guidelines being pursued now. Commissioner Tucker noted that he would like to see a condition that if there is a change to the landscape plan, it be presented to the Planning Commission as opposed to saying that those ficus trees in that location are • sacrosanct. There are other trees in the landscape palette throughout 9 INDEX City of Newport Beach Planning Commission Minutes September 9, 1999 more complimentary than the ficus trees. Commissioner Gifford noted that we could insert this language regarding a landscape plan that if the applicant is going to change the landscape, he comes back to the Commission with a landscape plan. Commissioner Tucker indicated he wanted to vote for the General Plan Amendment and the Use Permit but did not want to vote for a landscape condition and asked for a straw vote. A straw vote taken indicated that the majority of the Commission wanted a condition regarding the ficus trees. Commissioner Fuller noted the resolution as written should be changed: • second and third Whereas needs to be stricken as they reference a sports museum in that area • the third Whereas should have, "proposed sports memorabilia museum" stricken It was agreed to by staff and Commission to delete the second and third . recitals and edit the third recital by removing the words proposed sports memorabilia museum. Commissioner Fuller commended Mr. Hamilton for the fantastic job on this museum. Mrs. Wood suggested a condition requiring the protection of trees during construction. Motion was amended to include the additional condition as well as the changes in the resolution. Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Hoglund Noes: None Recused: Kranzley Abstain: None FINDINGS AND CONDITIONS OF APPROVAL FOR General Plan Amendment No. 99 -2(E), and Directors Use Permit No. 40 A. General Plan Amendment No. 99 -2(E): Adopt Resolution No. (Attached) recommending to the City Council the adoption of General • Plan Amendment No. 99 -2(E). 10 INDEX City of Newport Beach Planning Commission Minutes September 9, 1999 Findinas: 1. The Land Use Element of the General Plan designates the site for "Administrative, Professional and Financial Commercial" land use which allows office and uses which are accessory to that use 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. 3. The approval of Planning Directors Use Permit No. 40 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and further, the proposed use permit related to the proposed sports memorabilia museum use is consistent with the legislative intent of Title 20 of this Code for the following reasons: • The sports memorabilia museum is an accessory use of the existing office operation, which is compatible with the character of the neighborhood since surrounding uses are commercial. • The proposed development fully conforms to the established development standards of Chapter 20 of the Municipal Code. • Adequate on -site parking is available for the existing and proposed uses. Conditions: 1. The development shall be in substantial conformance with the approved site plan, floor plan and elevations. 2. One parking space for 250 square feet of office or museum use shall be provided on -site. 3. No outdoor loudspeaker or paging system shall be permitted in conjunction with the sports memorabilia museum operation. 4. The existing Bcus frees on the Newport Center Drive frontage shall be retained, and protected during construction, unless a report from a recognized arbodst shows that the trees are diseased and should be removed. They shall be replaced with on equal number of trees of the • same species, in the largest size commonly found in commercial 11 `II211r7�:1 • City of Newport Beach Planning Commission Minutes September 9, 1999 nurseries. Standard Requirements: 1. The project shall comply with State Disabled Access requirements. 2. All signs shall conform to the provisions of Chapter20.06 of the Municipal Code. 3. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. Public improvements may be required of a developer per Section 20.80.060of the MunicipalCode. 5. The proposed sports memorabilia museum facility and related structures shall conform to the requirements of the Uniform Building Code. 6. The on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. • 7. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. *st SUBJECT: Renato Restaurant (Fletcher Jones Motorcars) 3300 Jamboree Road • Use Permit No. 3657 Request to permit the establishment of a full- service eating and drinking establishment within the Fletcher Jones Motorcars automobile dealership. The application also includes a request to permit the establishment of a new, on- sale alcoholic beverage outlet in conjunction with a new restaurant, pursuant to Chapter 20.89 of the Municipal Code. • Marc Myers noted: 12 INDEX Item No. 3 Use Permit No. 3657 Approved • City of Newport Beach Planning Commission Minutes September 9, 1999 • The proposed restaurant facility contains 1, 269 square feet of net public area of which 882 square feet is indoors and 387 square feet is outdoor dining area. • No outdoor speakers or exterior lighting is proposed in conjunction with the restaurant facility. • Staff suggests that the restaurant hours of operation be limited to 6 a.m. to 9 p.m.; the restaurant lighting be operated on a timing device similar to the dealership, which turns off the lights at 10 p.m. to minimize the potential impacts associated with restaurant lighting and hours of operation, • The parking was analyzed extensively due to the difficulty with off - street parking and parking on Bayview Way. The parking demand study conducted for the dealership and proposed restaurant indicates that based on surveys, parking utilization, customer and employee demand, the nature of the restaurant, the setting, and the amount of patrons expected to be customers of the dealership already on site, there is adequate on -site parking available. • The restaurant is considered ancillary to the primary dealership use as the proposed restaurant facility is small scale with a limited amount of net public area and does not provide those characteristics generally associated with a destination type facility. • Commissioner Kranzley asked staff about an article in the City Manager's Newsletter regarding issues with Fletcher Jones Motor Cars compliance with conditions placed on the use in 1990. Assistant City Manager, Sharon Wood answered that since the City Manager's Newsletter, those conditions have been met. There were two issues referenced by the City Manager. One issue was a light being left on in the upper parking area for security that did not have a shield on it, which has since been installed. We have been contacted by one of the neighbors that it is now satisfactory. The other issue was the lights inside the dealership being left on late into the evening after the establishment was closed and that was due to the cleaning crews. One of the recommendations during the process of resolving these lighting issues, was that the cleaners would be sure to turn the lights on only as they go and turn them off when they are finished in areas. Apparently there had just been a change in the cleaning crews. The management of the dealership has met with the cleaning company again. They are now in compliance with that issue as well. At Commission inquiry, Associate Planner Marc Myers stated most of the issues raised in the memo authored by Carol Boice, distributed to the Commission, were addressed in the staff report. He had reviewed the items with Ms. Boice when she came into the office. One of the remaining issues is the head lights on the roof for automobiles should there be valet parking in that particular • area. Staff visited the sight today and measured the rooftop parapet wall 13 INDEX . City of Newport Beach Planning Commission Minutes September 9, 1999 where the parking could take place. At the shortest point of the wall, it was five feet from the ground up and increased up to a minimum height of six feet. Lights from headlights would not be directly visible should cars be valet parked in that area. This application is for the sale of beer and wine only, as limited by condition number 23 in conjunction with the restaurant. Public comment was opened. Garth Blumenthal, General Manager of Fletcher Jones Motorcars at Commission inquiry stated that he has read and agrees to the findings and conditions in the staff report. There are a few issues that the manager of the restaurant would ask clarification on. Ken Rickamore, owner of Renato Restaurant asked about the restriction of televisions. He stated that the majority of customers in the restaurant are there waiting for their cars to be serviced. It was his intent to have the televisions available for their convenience. There is no intention to have a sports bar, but he would like to have the televisions as an option. Mrs. Wood noted that there is no restriction to televisions in the conditions of approval for this application. • Mr. Rickamore stated: • The lights have to be left on after closing hours in order for the cleaning to be done. • It takes more than an hour to clean a restaurant that has been opened for 18 hours. • Closing means they do not take any new customers after 9:00 p.m. • There are no windows that face the street. • The two windows face Bayview Way next to the building that houses the offices for the service coordinators. Mrs. Wood noted that for the dealership the cleaning crews are allowed to go through and have lights on in the area they are working in after 10:00 p.m. If the Commission wishes to provide the same opportunity, staff can add that to condition 18 on page 18. Mr. Blumenthal stated that the restaurant would be able to follow the same light restrictions as the dealership as they want to be a good neighbor. Carol Hartman, 414 Catalpa spoke as a representative of the North Bluff Homeowners Association. She stated that the homeowners on the bluff have been dealing with the lights at the dealership since it opened for business to now. During that period of time, there have been over 130 violations. The violations are a concern to the homeowners. Part of the mitigation was • landscaping that was funded and approved by the City Council to be done 14 INDEX • City of Newport Beach Planning Commission Minutes September 9, 1999 along Bayview and Jamboree Road. The State Fish and Game said we could not put any trees, so we lost the landscape mitigation. We are now forced to live with what we have. The landscape at the dealership is minimal. She continued noting the following: • Waiver on walls. • Not against the restaurant. • Asked for the best mitigation for the lighting as possible. • Window coverings for the restaurant. • More consideration for landscaping at the dealership. • Impact of eliminating landscaping on roof. • Adequate parking if the back lot is not approved and can't be built. • More guarantees for light mitigation. Mrs. Wood answered that the Planning Commission approved the parking lot. It has yet to go to the Coastal Commission, which is coming up soon. Marc Myers noted that based on the findings of the parking demand study and analysis of the current situation and proposed facility, it should not affect the Commission's decision tonight. Carol Boice of 219 Catalpa Street spoke as a representative of the East Bluff • Homeowners Association noting environmental concerns with this application. They do not oppose the restaurant. She presented pictures to the Commission and based her discussion on them. She noted: • Light and glare problems as noted from yards of homes. • Landscaping as budgeted by City Council not done as yet. • Restaurant parking will spill onto Boyview Way. • Waivers should not be granted until the mitigation is done. • Expansion will cause more traffic and parking problems. • Request for 12 special evening events when the lights will stay on past 10:00 p.m. and will create more lights through the windows. • Coverings should be placed on the windows to block out the light should the lights be allowed to remain on after 10:00 p.m. • Mitigation on City property should be in place to alleviate the additional cars traveling on Boyview Way. • Like to have a demonstration of vehicles being driven on top of roof during the night. • Enforcement of the lighting and parking code as it is a major concern. • Want immediate action with strict obedience to the laws in the community. • Review of the signage illumination to be turned oft at 10:00 p.m. Chairperson Selich noted that the waiver of the development standards on the wall is because they typically apply to a freestanding restaurant. This restaurant is going inside an existing facility and therefore the standards are • not applicable here. 15 INDEX . City of Newport Beach Planning Commission Minutes September 9, 1999 At Commission inquiry, Mrs. Wood noted that the standards in the code are intended to regulate new restaurant development on a site. Staff has analyzed whether they could be met in this situation where a restaurant is being added to an existing development. So the findings reflect the reason why it would not be practical or reasonable to add those things to this site. Public comment was closed. Mrs. Wood reported on a communication from Mr. Barry Eaton who is on the board of directors of the East Bluff Homeowners Association. He indicated that the association has met and not taken a position on this application. Mrs. Boice said she is asking questions and acting as the representative at the behest of Barbara Quist who is a board member. At Commission inquiry, staff noted that the landscape mitigation has been approved by the City Council in the capital budget for two years. The City has received a commitment from Fletcher Jones to share in the cost with the City. A landscaping plan had been prepared with agreement among the City, neighbors and Fletcher Jones. This plan was brought to the resource • agencies for permitting but the biologist from the Department of Fish and Game indicated that he would not approved any tall trees either on Jamboree Road or Bayview Way. The reason being they would provide places for predatory birds to roost and nest and that would be dangerous to some of the endangered species that are being re- established in these areas. We have received from the landscape architect this afternoon, a revised landscape plan that shows toyon shrubs only on Bayview Way. A consultant is assisting staff with the permitting process and she has spoken to staff at the Coastal Commission. They will deal with it at the staff administrative level. The plan will be sent for a formal review and approval to the Fish and Game biologist and the Transportation Corridor Agency. City staff will verify the irrigation system in the area in the meantime. The hope is to start planting in October or November of this year. The neighbors are very good about reporting violations but we are not always able to get Code Enforcement staff out to see them. Sometimes by the time Code Enforcement gets there, the problems are not present, so they do no always see the some thing as the neighbors. Two citations have been issued to date. Commissioner Ashley asked if the applicant could provide window coverings that could be utilized to prevent light spillage. Public comment was re- opened. • 16 INDEX . City of Newport Beach Planning Commission Minutes September 9, 1999 Mr. Rickamore agreed that there could be a window shade installed. However, he explained that he does not foresee any event going on after 10:00 p.m., as most of the special events will be daytime events. There has been only one nighttime event and that ended at 7:00 p.m. Mrs. Wood noted that with Special Events Permits, staff considers extending the hours beyond that which is allowed in the use permit for that event only, unless there was a condition that stated that was not possible. Mr. Rickamore stated that he would rather have the black out coverings and in response to Commission inquiry that the sign is 12 inches by 20 feet with back lit cut out letters. Public comment was closed. Mr. Myers noted that the intent of condition 19 was to address potential impacts of the interior lighting on the surrounding neighbors. Mr. Blumenthal stated that the Fletcher Jones Motorcars sign on the building stays on beyond closing hours and has never been an issue. The restaurant sign is going to be small and not visible to the neighbors. • Carol Boice noted that the restaurant sign is not going to be a problem. Referencing the pictures that were distributed, she pointed out the area where it would be. Motion was made by Commission Fuller to approve Use Permit No. 3657 with the attached findings and conditions in Exhibit A as amended: • Condition 18 - add, .....except for cleaning. Windows shall be covered with a material to inhibit interior light whenever lights remain on after 10:00 p.m. • Remove reference to televisions. Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Kranzley, Hoglund Noes: None Absent: None Abstain: None EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3657 Findinas: • 1. The Land Use Element of the General Plan and the Local Coastal 17 INDEX • City of Newport Beach Planning Commission Minutes September 9, 1999 Program Land Use Plan designate the site for "Retail and Service Commercial" uses. A restaurant use with alcoholic beverage service is a permitted use within this designation. That based upon the information contained in EIR No. 155 and the Addendum dated September 3, 1999, there is no substantial evidence that the project, as conditioned, could have a significant effect on the environment; and further that there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with said project. The previously certified environmental document and the Addendum adequately address the potential environmental impacts of the project, and satisfy all the requirementsof CEQA. 3. A Parking Study has been prepared which analyzes the impact of the proposed project on the peak -hour parking demand and circulation system on site in accordance with the Newport Beach Municipal Code, and has been reviewed and approved by the Traffic Engineer. 4. The Parking Study indicates that there is adequate parking available on site for the existing and proposed uses. • 5. The waiver of restaurant development standards as they pertain to the site requirements and walls surrounding the restaurant site will not be detrimental to surrounding properties. The project meets the purpose and intent of the development standards of the Municipal Code for restaurants and will not be achieved to any greater extent by strict compliance with those requirementsfor the following reasons: • Adequate parking is provided on -site. • Walls in full compliance with the standards would adversely impact traffic circulation and access to the on -site parking spaces from Bayview Way. The existing physical characteristics of the site are not proposed to be altered. • The same purpose or intent of the required walls surrounding the property to control noise can be achieved by the recommended limitation on the hours of operation which should prevent potential noise problems. Introduction of the restaurant facility into the existing dealership does not constitute a significant change from the original approval which warrants an increase in landscape area. 6. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Zoning Code (Alcoholic Beverage Outlets) for • the following reasons: 18 INDEX City of Newport Beach Planning Commission Minutes September 9, 1999 The convenience of the public can arguably be served by the sale of desired beverages in a restaurant setting. • The project is in an area where the crime rate is less than the citywide average. The percentage of alcohol - related arrests in the police reporting district in which the project is proposed is less than the percentage citywide, and one of the adjacent reporting districts is slightly higher than the citywide percentage due to more commercial land uses in the reporting district. There are no day care centers, schools, or park and recreation facilities in the vicinity of the project site. The project is not expected to be a problem since there is no live entertainment, no outdoor speakers, and limited hours of operation. 7. Approval of Use Permit No. 3657 to permit a full- service small -scale restaurant with service of on -sale alcoholic beverages will not, under the circumstances of the case be detrimental to the health, safety, • peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistentwith the legislative intent of Title 20 of this Code for the following reasons: • The restaurant use is compatible with the surrounding commercial uses since restaurant uses are typically allowed in commercial districts and conditions of approval have been incorporated which will minimize lighting and noise impacts. • The issues related to access and site circulation have been adequately addressed by conditionsof approval. • The limited hours of operation and prohibition of live entertainment and outdoor patio speakers should limit potential noise impact on the neighboring uses. • Adequate on -site parking is available for the existing and proposed uses. • No significant adverse traffic or circulation impacts are anticipated from the proposed project as determined by the Parking Demand Study. • Adequate provision for vehicular traffic circulation is being made for the restaurant facility. • The waiver of development standards as they pertain to site requirements and walls surrounding the restaurant site will not be detrimental to surrounding properties. • • Conditions of approval have been included which should 19 INDEX • City of Newport Beach Planning Commission Minutes September 9, 1999 The development shall be in substantial conformance with the approved site plan and floor plan except as noted below. One parking space for each 40 square feet of "net public area" (32 spaces) shall be provided on -site. The parking spaces shall be provided in the form of self - parking spaces located in the "customer" parking area in front of the restaurant and the main showroom. In addition, in the rear parking area, a minimum of 6 parking spaces shall be clearly identified as valet parking spaces only, and at all times. Should the need arise, the valet parking service shall utilize spaces identified as rideshare parking to meet the potential demand. 3. The rear parking area as indicated on the proposed site plan shall be restriped to accommodate an additional 37 parking spaces, subject to the approval of the Planning Department and the City Traffic Engineer. 4. The restaurant operator shall provide valet parking service between the hours of 11:30 a.m. to 2:00 p.m. and from 5:00 p.m. until closing, on a daily basis. 5. A valet parking plan shall be submitted to the City Traffic Engineer for • review and approval prior to the final of building permits for the 20 INDEX prevent problems associated with the service of alcoholic beverages and noise. • The proposed use is one, which was identified on the approved plans for the automobile dealership and was anticipated subsequent to the development of the automobile dealership building. • The alcoholic beverage service is incidental to the primary use of the facility as a restaurant. • The establishment will provide regular food service from the full menu at all times the facility is open. • Because the restaurant does not have a bar area specifically designed for the service of alcoholic beverages, the potential number of Police and Department of Alcoholic Beverage Control problems in the area should be minimized. • A finding of public convenience and necessity can be made based on the public's desire for a variety of beverage choices in a restaurant setting. • The proposal includes no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. • Conditions: The development shall be in substantial conformance with the approved site plan and floor plan except as noted below. One parking space for each 40 square feet of "net public area" (32 spaces) shall be provided on -site. The parking spaces shall be provided in the form of self - parking spaces located in the "customer" parking area in front of the restaurant and the main showroom. In addition, in the rear parking area, a minimum of 6 parking spaces shall be clearly identified as valet parking spaces only, and at all times. Should the need arise, the valet parking service shall utilize spaces identified as rideshare parking to meet the potential demand. 3. The rear parking area as indicated on the proposed site plan shall be restriped to accommodate an additional 37 parking spaces, subject to the approval of the Planning Department and the City Traffic Engineer. 4. The restaurant operator shall provide valet parking service between the hours of 11:30 a.m. to 2:00 p.m. and from 5:00 p.m. until closing, on a daily basis. 5. A valet parking plan shall be submitted to the City Traffic Engineer for • review and approval prior to the final of building permits for the 20 INDEX City of Newport Beach is Planning Commission Minutes September 9, 1999 restaurant facility. 6. The restaurant facility shall be operated in such a manner that valet vehicles will not be allowed to block access driveways. The valet parking lanes operation shall be monitored at all times by the applicants' representatives at the site. If back -ups occur, the incoming customers shall be directed to bypass the valet parking booth and self - park their vehicles. If a traffic congestion problem occurs on Bayview Way related to the restaurant facility that is not immediately corrected, the Planning Commission may recommend to the City Council revocation of this Use Permit. The net public area of the restaurant shall be limited to 1,269 square feet maximum as delineated on the approved floor plans. 8. The hours of operation of the restaurant facility shall be limited to between 6:00 a.m. and 9:00 p.m., daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this use permit: 9. The development standard pertaining to perimeter walls shall be waived. • 10. All employees shall park in the off -site employee parking lot. 11. Signage for the restaurant shall be limited to a single sign located above the entrance to the restaurant. The sign for the restaurant shall be provided in the form of individual cutout letters back lit with low glowing illumination. The sign will be approximately 12 inches high by 20 feet long. The sign illumination shall be limited to the medium range of sign luminance as depicted in Chapter20.67.025 I., of the Municipal Code, and that the Planning Director may require the dimming of any illumination found to be excessively bright. 12. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 13. No outdoor speakers or paging system shall be permitted in conjunction with the proposed restaurant operation. 14. A covered wash -out area for refuse containers and kitchen equipment shall be provided and the area drains directly into the sewer system unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. • 15. All trash areas shall be screened from adjoining properties and streets. 21 INDEX City of Newport Beach • Planning Commission Minutes September 9, 1999 All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. The trash dumpsters shall be fully enclosed and roofed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency and shall be maintained in a clean and orderly manner. 16. Deliveries and refuse collection for the facility shall be prohibited between the hours of 9:00 p.m. and 6:00 a.m., daily, unless otherwise approved by an amendmentto this use permit. 17. Adequate hood equipment with smoke and odor control capabilities shall be provided to serve the facility. Additionally, the hood system shall include a charcoal filtering system for the control of odors and a grease collection system for the capture /removal of grease accumulation. The hood system shall be subject to approval by the Building Department and the Planning Director. The operator shall also provide for monthly cleaning and maintenance of the hood vents, ducting and filters. The operator shall keep a maintenance schedule on -site with appropriate record keeping of equipment servicing • available for inspection by the Code Enforcement Division upon request. 18. The lighting associated with the restaurant facility shall be operated on a timing device, which turns off the restaurant lights at 10:00 p.m., daily, except for cleaning. Windows shall be covered with a material to inhibit interior light whenever lights remain on after 10:00 p.m. 19. The project shall be designed to eliminate light and glare spillage onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the interior lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 20. Full menu food service items shall be available for ordering at all times • the restaurant establishmentis open for business. 22 INDEX 1J City of Newport Beach Planning Commission Minutes September 9, 1999 21. The approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, as the principal purpose for the sale or service of food and beverages. 22. This approval shall not be construed as permission to allow the facility to operate as a bar or tavern use as defined by the Municipal Code, unless a use permit is first approved by the Planning Commission. 23. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be limited to "beer and wine" and only in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 24. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or leasing company. 25. This approval is for on -sale alcoholic beverage service only. The off -sale of alcoholic beverages for off -site consumption is prohibited. 26. Alcoholic beverage service shall be permitted in the outdoor dining area upon approval of the Police Department and the State Department of Alcoholic Beverage Control. 27. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 28. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 29. Alcoholic beverage sales from drive -up or walk -up service windows shall be prohibited. 30. The exteriorof the alcoholic beverage outlet shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalkswithin 20 feet of the premises. 23 INDEX City of Newport Beach • Planning Commission Minutes September 9, 1999 An owners, managers ana employees semng aiconoi c beverages snap undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. To qualify to meet the requirements of this section a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body which the State may designate. The establishmentshall comply with the requirementsof this section within 180 days of the issuance of the certificate of occupancy. 32. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 33. The operator of the food service use shall be responsible for the clean up of all on -site and off -site trash, garbage and litter generated by the use. Standard Requirements • 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishment, unless specifically permitted. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 3. The proposed restaurant facility and related parking shall conform to the requirements of the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Building Department. 4. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this use permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 5. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works • Department. 24 INDEX City of Newport Beach . Planning Commission Minutes September 9, 1999 6. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 7. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 8. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 9. The applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 11. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to • no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. inferior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 12. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the restaurant use and to develop a set of corrective measures necessary in order to insure compliance. 13. This Use Permit for an alcoholic beverage outlet granted in accordance with the terms of this chapter (Chapter 20.89 of the Newport Beach Municipal Code) shall expire within 12 months from the date of approval unless a license has been issued or transferred • by the California State Department of Alcoholic Beverage Control 25 INDEX City of Newport Beach • Planning Commission Minutes September 9, 1999 prior to the expiration date. 14. 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. 15. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. .s* SUBJECT: Newport Auto Center 445 East Coast Highway • Use Permit No. 3660 Request to permit a 2,660 square foot addition to an existing automobile sales and service facility. The proposal includes a request to remodel and expand the showroom, office, and storage areas of the existing auto facility. • Commissioner Fuller noted that when he visited Mr. Tauber, the General Manager of the facility, he had indicated that on page Al l the new Audi showroom addition that is shown on the plans, is not included in this application at the present time. Mr. Myers noted that as far as the application that was submitted goes and the staff report, it does include that addition. Public comment was opened. Gary Whiff ield, 1100 South Coast Highway, Laguna Beach representing the applicant affirmed that the Audi showroom is a part of this proposed application and is the new construction. The Rolls Royce showroom will be the second phase of the remodel. This application, if approved, will be constructed in phases and will be completed within a year's time. There is an existing wall at the back area of the lot and when the Audi showroom is added, that wall will be moved back to align to the outside wall of the showroom. He distributed a copy of the proposed wall placement. Marc Myers stated the Planning Department is not opposed to what is shown in the 81/2 by 11 picture. It appears that an existing planter area will be moved towards the rear of the lot away from Coast Highway so that the proposed Audi showroom is more to the forefront where the existing wall is • now. Staff is not opposed to this as they are still providing the required 26 INDEX Item No, 4 Use Permit No. 3660 Approved City of Newport Beach Planning Commission Minutes September 9, 1999 amount of parking. Mr. Whitfield noted that the drive aisle width now is 26 -27 feet approximately, and is not proposed to be altered. The architectural character of the existing building will be maintained in the new expansion. There is no change in the franchises being sold on site. The new Rolls Royce showroom includes the freestanding building on site now. Public comment was closed. Motion was made by Commissioner Kranzley for approval of Use Permit No. 3660 subject to the findings and conditions in Exhibit A. Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Kranzley, Hoglund Noes: None Absent: None Abstain: None EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3660 Findings: The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses and an automobile sales and service facility use is a permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. 3. The approval of Use Permit No. 3660 to permit an addition to the automobile sales and service facility will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of the Municipal Code for the following reasons: • The use is compatible with the surrounding commercial uses since automobile service facilities are typically allowed in commercial • districts and are typically support use. 27 INDEX City of Newport Beach Planning Commission Minutes September 9, 1999 • Conditions have been added to address potential problems associated with lighting, and noise. • The number of spaces provided on site can accommodate the parking demand for the facility. • Adequate provision for vehicular traffic circulation is being made for the automobile sales and service facility. • The landscaping and grade elevation separation along the easterly side separates and helps minimize impacts on nearby residential uses. • The nearby residential uses will not be adversely affected since conditions have been added to address potential problems associated with the proposed use, lighting, noise, and hours of operation. • The building remodel and additions are compatiblewith the existing building, and in most cases will be provided under the roof line of the existing building, which minimizes potential massing impacts as viewed from East Coast Highway. • Additional landscaping has been provided on -site to enhance the aesthetics of the project and minimize the impacts of the remodel and addition. • The design of the proposed improvements will not conflict with any • easements acquired by the public at large for access through or use of propertywithin the proposed development. • Conditions: The development shall be in substantial conformance with the approved site plan as revised at the Planning Commission meeting (by 81/2 x 11 sheet) that moved the location of planter and wall, floor plan, and elevations, except as noted below. 2. All applicable findings and conditions of approval of Use Permit No. 1327 as approved by the Planning Commission and the City Council shall remain in effect. 3. A minimum of 276 parking spaces shall be provided on -site for patrons, employees, service and sales display. 4. Vehicle services shall be completed entirely within the approved building structure. No vehicle service or repair shall take place in any parking space or drive aisle. 5. The outdoor storage or display of materials, equipment or any other auto related parts or merchandise shall not be permitted on site. 28 INDEX City of Newport Beach Planning Commission Minutes September 9, 1999 6. The existing trees and landscaping on -site shall be maintained in place. The proposed landscaping shall be installed in conformance with the approved site plan. The landscaping on -site shall be regularly maintained free of weeds and debris. All trees and vegetation shall be regularly trimmed and kept in a healthy condition. 7. The landscape planter areas along the East Coast Highway and Bayside Drive frontages shall be kept and properly maintained on -site. 8. No vehicles shall be displayed in the required landscape areas along East Coast Highway and Bayside Drive. 9. Unloading of cars from auto transport vehicles shall take place on -site. The unloading, staging or storing of cars for sale or service off site is prohibited. 10. Any type of banners, pennants or windshield "For Sale" signs including, but not limited to car prices, special discounts or advertisements shall be strictly prohibited. 11. No vehicles shall be displayed with open hoods, doors, trunks, or • tailgates. 12. Provisions shall be made for the storage and collection of used oil and lubricants pending recycling. 13. All employees shall park their vehicles on -site. 14. The hours of operation shall be limited to 7:00 a.m. and 9:00 p.m. weekdays, and 9:00 a.m. to 7:00 p.m. on weekends and the service function of the facility shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays. 15. The entire site surrounding the exterior of the building, including the parking areas, and sidewalk, shall be maintained free of litter and debris and kept in a clean and orderly manner at all times. 16. No outdoor speaker or paging system shall be permitted in conjunction with the operation. 17. The project shall be designed to eliminate light and glare spillage onto adjacent properties or uses, including minimizing the number of light sources. Should the existing lighting configuration or fixtures change, or increase, plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any permit the • applicant shall provide to the Planning Department, in conjunction with 29 INDEX • City of Newport Beach Planning Commission Minutes September 9, 1999 the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. If applicable, this information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 18. Washing of automobiles on -site shall be limited to only those vehicles owned by the subject dealership or which are otherwise on -site for servicing at the facility. 19. All wash water shall drain into the sanitary sewer system and the wash area drains shall be equipped with grease traps unless otherwise approved by the Building Department. 20. All mechanical equipment and trash areas shall be fully screened from view from West Coast Highway, Bayside Drive and the surrounding properties (including from above) and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal . Code, Community Noise Control. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or a container otherwise screened from view of adjoining properties and streets except when placed for pick -up by refuse collection agencies. The trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 21. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or leasing company. Standard Requirements The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 3. The parking spaces shall be marked with approved traffic markers or • painted white lines not less than 4 inches wide. 30 INDEX . City of Newport Beach Planning Commission Minutes September 9, 1999 4. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 5. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. All improvements shall be constructed as required by Ordinance and the Public Works Department. 7. Intersections of West Coast Highway and the private drive and Bayside Drive and the private drive shall be designed to provide sight distance in accordance with Standard 110 -L. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. 8. The projectshall complywith State Disabled Access requirements. 9. The operatorof the vehicle maintenance facility shall be responsible for the control of noise generated by the subject facility. The noise • generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the use and to develop a set of corrective measures necessary in order to insure compliance. The sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. interior xe terior inter exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 10. 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 31 INDEX City of Newport Beach Planning Commission Minutes September 9, 1999 accordance with state and local requirements. 11. 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. 12. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. SUBJECT: Amendments to the Zoning Code An amendment to Title 20 of the Municipal Code to make several revisions to the Zoning Code. These revisions relate to the definition of terms, terms and • cross - references in the land use regulations schedules, establishing waterfront rear yard setbacks, regulations on bay and greenhouse windows, the extension of garages into required yards, the parking of vehicles in required yards, signs in residential districts, and the authority of the Planning Director to approve alcoholic beverage outlets and massage establishments. Public comment was opened and closed. Motion was made by Commissioner Gifford to adopt Resolution 1504 recommending approval of Amendment 892 to the City Council. Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Kranzley, Hoglund Noes: None Absent: None Abstain: None See Exhibit A that is attached to the minutes and incorporated as part of this document. SUBJECT. Story Pole Procedures Review of proposed procedures requiring the erection of story poles as a part of 32 INDEX Item No. 5 Amendments to Zoning Code Recommended for adoption Item No. b Story Pole Procedures Approved • City of Newport Beach Planning Commission Minutes September 9, 1999 Senior Planner Patrick Alford noted that by leaving the question of whether story poles are required until the public hearing, it could somehow stifle the process. Staff suggests considering instructing staff to bring items that have potential for story poles as a discussion item, when the decision could be made and then the story poles could be up before the public hearing is actually heard. Commissioner Tucker noted the reason for not requiring the erection of story poles for all variances. He explained that in many instances it is not necessary to ask the applicant to spend good money on story poles where the Planning Commission is comfortable with viewing the plans and reaching their decision whether to grant a variance or not. The requirement ought to be something that the Planning Commission imposes on an applicant, because it does take time, money and effort. It will not be necessary in every instance, as some variances may not be contentious. Commissioner Kranzley noted that story poles are another sign that something is going on. It helps to alert the public that a structure is being altered that has to do with height and /or mass. A variance is something special and we need to be more proactive on having the public know what is going on. • Mrs. Wood stated that if the concern is notice as opposed to helping neighbors understand what the situation is, I believe that one Councilmember is going to propose very shortlythat we change our requirementsfor public noticing. Commissioner Kranzley noted that we need to word them so that people actually understand the impacts of what is going on. You can't read and understand the notices as they are now. Commissioner Tucker added that 300 feet covers a lot in residential areas. The unusual circumstance in the Harbor Day School is that there are not many residences around it and I suspect the public just was not aware of it. The noticing should be looked at and a lot of jurisdictions ask for 600 feet. Commission discussed and received information on: It is the applicant's responsibility to provide mail labels to be used by staff in mailing the notices. If the radius was expanded there would be more cost with the mailing and more preparation time needed by staff but that should not be a hindrance. The most significant concern has been from the City Attorney's office by inviting some kind of liability by going beyond what the state law requires or perhaps doing things differently in different cases. • Motion was made by Commissioner Fuller to approve Resolution 1504 to 33 INDEX • City of Newport Beach Planning Commission Minutes September 9, 1999 story pole procedures as outlined in Exhibit A. CommissionerTucker noted that the Resolution needs to be edited and offered this text to be inserted in the final recital: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach that the Planning Commission may require an applicant to erect story poles as part of an application for any project, which exceeds the basic height limit or is in excess of residential floor area, floor area ratios, or building bulk limits pursuant to the guidelines set forth in the attached Exhibit A. Also to be edited and part of the motion is a change in the timing in B as well as submittal under C, from 7 days to ..a time required by.. Commissioner Tucker added that when staff can see a problem as they are talking to an applicant, then staff can inform them of the need for story poles. This will give an opportunityfor the neighbors to see what is being proposed. Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Kranzley, Hoglund Noes: None Absent: None • Abstain: None Exhibit A Story Pole Procedures A. When Required. At the discretion of the Planning Commission, story poles may be required for use permits and variances for projects that exceed the basic height limit or are in excess of residential floor area, floor area ratios or building bulk limits. B. Story Pole Installation and Removal. Materials. Story poles shall be made of 2 inch by 4 -inch lumber. Brightly colored ribbon and /or twine strung between to show rooflines. 2. Placement. Story poles shall be erected at the most distant corners of the proposed structure or addition and at the maximum height of the roof ridge. Story poles for roof overhangs, eaves, chimneys, balconies, and accessory buildings or structures may also be required at the discretion of the Planning Commission. • 3. Timing. Story poles shall be erected within the time frame 34 INDEX L City of Newport Beach Planning Commission Minutes September 9, 1999 specified by the Planning Commission and shall remain in place until the appeal period has expired or, upon appeal or call for review, the appellate or reviewing body has taken final action on the project. Story poles shall be removed within 10 days of the of the end of the appeal period or, if upon appeal or call for review, within 10 days after final action is taken by the appellate or reviewing body. Exception: For projects requiring a coastal development permit, story poles may remain in place until the California Coastal Commission takes final action. C. Story Pole Plan. Submittal. Within the time frame specified by the Planning. Commission, a plot plan shall be submitted to the Planning Department showing the location and height of all the story poles on the project site. The story pole plan shall include a signed statement by a licensed surveyor, civil engineer, or architect, stating that the location and height of the story poles are true and accurate. 2. Photographs /Diaital Images. The Planning Commission may require that the story pole plan include photographs or digital images of the relevant features of the project site. The photographs or digital images shall including views of and from the project site. ADDITIONAL BUSINESS: a.) City Council Follow -up - None. b.) Oral report from Planning Commission's representative to the Economic Development Committee- None. C.) Oral report on status of Newport Center General and Specific Plan program - None. d.) Matters that a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Ashley asked for and received an update on the Rowe residence. e.) Matters that a Planning Commissioner may wish to place on a future 92 INDEX Additional Business • City of Newport Beach Planning Commission Minutes September 9, 1999 0 agenda for action and staff report - Commissioner Kranzley suggested that he would like staff to bring up for review the building bulk and FAR issues. Commissioner Gifford asked staff to bring up for review earthquake standards for some of the older buildings on the area. f.) Requests for excused absences - Commissioners Ashley and Gifford asked to be excused from the September231d meeting. ADJOURNMENT: 10:05 P.M. RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 36 INDEX Adjournment • Section 20.03.030 Exhibit A Proposed Revisions to the Zoning Code Recreational Vehicle (RV): A vehicle towed or self - propelled and designed or used for recreational or sporting purposes. This term includes, but is not limited to, travel trailers, pick -up campers, 1RUJUM camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles. Section 20.10.020 (Land Use Regulations Scbedulel LJ R -A R -1 R -1.5 R -2 COMMERCIAL FILMING, LIMITED P P P P QAR-4-99.4-1� 4M RD SALES 8M§Rjff1Mj0M P P P P ow HELIPORTS, TEMPORARY L -5 -- Section 20.10.030 (new Property Development Regulation O) (Q) 0 MFR Additional Regulations P (K) P M L -5 (J) i 91 - SERVICE STATIONS UP UP UP (K .� ors: : ° '(6" _ .w - - . • a... + - a ii • • Section 20.15.020 (Land Use Regulations Schedule) RSC APF RMC Additional Regulations CLUBS AND LODGES UP UP UP mg -YACHT CLUB UP UP UP (E), (F) CULTURAL INSTITUTIONS UP UP UP 01 COMMERCIAL RECREATION AND ENTERTAINMENT UP UP UP (I) EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP UP UP (I), (J) -FULL SERVICE, LOW TURNOVER UP UP UP (I), (JAW -FULL SERVICE, SMALL SCALE PD/U PD(U PD/U (I), (J - TAKE -OUT SERVICE UP UP UP (1), (J - - TAKE -OUT SERVICE, LIMITED PD/U PD/U PD/U (1), (J - ACCESSORY P P P (I), (JAM -BARS AND COCKTAIL LOUNGES UP UP UP ( Wm' FOOD AND BEVERAGE SALES P - -- - -- • - CONVENIENCE MARKETS P L -1 P - SERVICE STATIONS UP UP UP (K .� ors: : ° '(6" _ .w - - . • a... + - a ii • Section 20.20.020 (Land Use Regulations Schedule) • GEIF Additional Regulations CLUBS AND LODGES P M -1 M -1 -A 1BP Additional - ACCESSORY P Regulations CLUBS AND LODGES L -3 L -3 -- COMMERCIAL RECREATION AND UP UP L -4 (F) ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER - -- — UP (F), (G)EM -FULL SERVICE, SMALL SCALE PD/U PD/U PD/U (F), (G)IM -TAKE -OUT SERVICE UP UP UP (F), (G)JI - TAKE -OUT SERVICE, LIMITED PD/U PD/U PD/U (F), (G) - ACCESSORY P P P (F), (G)a,,' FOOD AND BEVERAGE SALES - -- L -4 L -4 gal • Section 20.25.020 (Land Use Regulations Schedule) 111 39 GEIF Additional Regulations CLUBS AND LODGES P CULTURAL INSTITUTIONS P EATING AND DRINKING ESTABLISHMENTS - ACCESSORY P 111 39 Section 20.41.070 (Land Use Regulations Schedulel • Commercial Additional Regulations CLUBS AND LODGES UP CULTURAL INSTITUTIONS P ON COMMERCIAL RECREATION AND ENTERTAINMENT UP (G) EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP NEWRIM -FULL SERVICE, LOW TURNOVER UP M M. -FULL SERVICE, SMALL SCALE PD/U alum - TAKE -OUT SERVICE UP fflvI _'°i: - TAKE -OUT SERVICE, LIMITED PD/U - ACCESSORY P -BARS AND COCKTAIL LOUNGES UP FOOD AND BEVERAGE SALES P - SERVICE STATIONS UP (F) WHOMMOM Section 20.41.050 (Land Use Regulations Schedule) Residential Additional Regulations TEMPORARY USES (A), (B), (C) P ro REAL ESTATE OFFICES, TEMPORARY L -2 iv • #6 Section 20.42.040 (Land Use Regulations Schedule) UP UP (F), (J) • RSC RMC Additional PD/U PD/U PD/U Regulations CLUBS AND LODGES UP - -- m -YACHT CLUBS - -- UP (I), (J ) ., CULTURAL INSTITUTIONS UP L -2 (F), COMMERCIAL RECREATION AND ENTERTAINMENT UP UP (H EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP UP -FULL SERVICE, LOW TURNOVER UP UP -FULL SERVICE, SMALL SCALE PD/U PD/U - TAKE -OUT SERVICE UP UP - TAKE -OUT SERVICE, LIMITED PD/U PD/U n` ; , - ACCESSORY P P RE, AM -BARS AND COCKTAIL LOUNGES UP UP wimm - SERVICE STATIONS UP - -- (G) '4 (Q) • Section 20.42.040 (Land Use Regulations Schedule) RSC RMC Additional Regulations RENTALS UP - -- Section 20.43.040 (Land Use Regulations Schedule) CLUBS AND LODGES CULTURAL INSTITUTIONS COMMERCIAL RECREATION AND ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER -FULL SERVICE, LOW TURNOVER -FULL SERVICE, SMALL SCALE -TAKE -OUT SERVICE - TAKE -OUT SERVICE, LIMITED . - ACCESSORY V SR RMC RSC Additional Regulation UP UP UP (Etl UP L -5 UP ma UP UP (J)m UP UP UP (F), (J) UP UP UP (F), (J) PD/U PD/U PD/U (F), (J) UP UP UP (F), (J)W,--M PD/U PD/U PD/U (F), (J )IM P P P (F), 41 -BARS AND COCKTAIL LOUT FOOD AND BEVERAGE SALES SR RMC RSC Additional Regulation UP UP UP — P Section 20.45.030 (Land Use Regulations Schedule) RSC RP R -2 MFR GEIF OS Additional Regulations CLUBS AND LODGES CULTURAL INSTITUTIONS COMMERCIAL RECREATION AND ENTERTAINMENT EATING AND DRINKING STABLISHMENTS -FULL SERVICE, HIGH TURNOVER -FULL SERVICE, LOW TURNOVER -FULL SERVICE, SMALL SCALE - TAKE -OUT SERVICE -TAKE -OUT SERVICE, LIMITED - ACCESSORY -BARS AND COCKTAIL LOUNGES FOOD AND BEVERAGE SALES P L -3 L -3 L-3 L -4 -- — — L-4 — UP --- --- --- — L-6 (G). UP N UP mw A mmm ff ' a $ ti_ . at `$ �TM I Section 20.45.030 (Land Use Regulations Schedule RSC RP R -2 MFR GEIF OS Additional Regulations FAIRS AND FESTIVALS P — — P P (K) -- P P P -- -- ,. .. m OUTDOOR STORAGE, TEMPORARY P — -- -- (M) M, k I ,s ij # �k s 4 • s ° z 3 E':. e 3 � s # iC°st_ vi • • • ya • Section 20.46.030 (Land Use Regulations Schedule) Section 20.46.030 (Land Use Regulations Schedule) RSC GEIF OS Additional Regulations CLUBS AND LODGES UP -- CULTURAL INSTITUTIONS UP -- • COMMERCIAL RECREATION AND ENTERTAINMENT • EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER -FULL SERVICE, LOW TURNOVER -FULL SERVICE, SMALL SCALE - TAKE -OUT SERVICE -TAKE -OUT SERVICE, LIMITED - ACCESSORY -BARS AND COCKTAIL LOUNGES FOOD AND BEVERAGE SALES vii UP — (F).:, UP --- --- (F), (G) UP — (F), (G) PD/U --- - -- (F), (G) UP — (F, (G) PDIU --- - -- (F), . P --- - -- (F), (G) UP --- - -- (F), (G) P--- --- N3 Section 20.60.030 to -51 Exceptions: a. Fences, walls, uncovered accessory structures, and hedges shall not exceed a height of 3 feet above the natural grade in all required b. Fences, walls, and hedges shall not exceed a height of 5 feet above the natural grade in all required front yard setback areas adjacent to North Bay Front and South Bay Front on Balboa Island Om (the upper 2 feet, 6 inches of which must be at least 40 percent open). Section 20.60.030 (.n Ol�SM A of S W1:'6:Q , -i 'E v.k�a;_._a.� . : Y �'x :•:3 iii P v: age= C i88 1 B !- 80 6 li. - 1!i Q Y�0 is 40. �`� 6 •.2 B e _ 2. 3. 4. 5. viii • qV Section 20.62.060 (A -1 -a -2 & 3) (2) Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms, subject to the floor area limits of Section 20.62.0.040 (D (3) Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification permit, subject to the floor area limits of Section 20.62.0.040 (D "�. t �" • Section 20.66.040 AB) B. General Controls. The following parking controls shall 1. For each dwelling unit there shall be at least 1 covered parking space. 2. Tandem parking up to a maximum of 2 cars in depth shall be permitted. 1. F3 r1 U b. t- - a s aA 3 :e of My °. shall be p_ _& _ �_ C. al 5. Covered parking spaces located on the front one -half of a lot shall have side walls and an operating garage door for access of automobiles. 6. R -1.5 District. Enclosed parking shall be enclosed on all sides by walls or doors. Parking §JIM of auomobiles on the roof of a building in any residential district is ^A• °'od • 8. Parking or storage of tra ilex. , , w,.,, «. ..................... or Vehieles on vacant lots. Section 20.67.035 (A- 1-a -1) (1) In the R -A, R -1, R -1.5, R -2, = and PRD Districts, as well as PC Districts which provide for residential uses and contain no specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: Section 20.87.025 20.87.025 Massage Establishments As An Independent Use A massage establishment which operates as an independent use, shall be permitted in the 0, ^ ', G 2 D stFicAs, M -1 -A District, RMC, RSC, and APF Districts, commercial areas of PC Districts and commercial areas of the SP -4 (Newport Shores Specific Plan) and SP -5 (Mariner's Mile Specific Plan �� Districts, subject to the securing of a use permit E,1� in each case, and provided further that such establishment conforms to the following: xi w7 Section 20.87.M B) • B. Waiver of Location Restrictions. Any property owner or his authorized agent may apply for a waiver of the location restrictions contained in this section. The Planning Ceximmissi Wit , after a public hearing, may waive any location restriction, if all the following findings are made: Section 20.87.030 20.87.030 Amortization Any massage establishment as defined in this chapter which was lawfully in existence as of the effective date of this chapter (March 25, 1992) which does not comply in whole or in part with the provisions of this chapter, shall be terminated or otherwise be brought into full compliance within 1 year of the effective date of this chapter (March 25, 1992). For those establishments which cannot be brought into compliance with these provisions because they are not in an approved district, the use may be extended for only one additional period of time, to be established by the Planning Cemoinissien- , upon a showing by the applicant that such extension is reasonably necessary to permit the owner of the massage establishment to amortize or otherwise recover any along term investment • in the massage establishment. Any request for an extension of the 1 year amortization period must be made in writing by the owner of the massage establishment to the Planning Cerunissie by slim. ° reqoest the , _etaF e f the Planning GewAnissien not later than 60 days prior to the end of the 1 year period provided for in this section. The Planning 6enissien may grant an extension of up to 1 additional year if the business is otherwise in compliance with all other applicable provisions of law, and upon a showing by the applicant: Section 20.89.040 20.89.040 Authority The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits for alcoholic beverage outlets. Exception. The Planning Director shall have the authority to render decisions on use permits for food and beverage sales establishments totaling more than 10,000 square feet with no more than 10 percent of the gross floor area devoted to alcohol xii yfr sales and • i Xlll X19