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HomeMy WebLinkAbout09/20/1990COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES 0 A\�&Y PLACE: City Council Chambers TIME: 7:30 P.M. 4'INA&T BEACH ROLL CALL INDEX Present Absent Chairman Debay was absent. x x x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x x x William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary s x x Minutes of August 23, 1990: Minutes of 8 -23 -90 Motion * Motion was made and voted on to approve the Ayes * * 1990, Planning Commission Minutes. MOTION CARRIED. Abstain Absent * ■ x ■ Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. x x x Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, September 14, 1990, in . front of City Hall. x * x • COMMISSIONERS September 20, 1990 MINUTES �O N$ �� 0 CITY OF NEWPORT BEACH ROLL CALL INDEX Request for Continuances: Request for Mr. Hewicker stated that the applicant, Eugene A. Ceiko, has Continuance requested that Item No. 7, Modification No. 3729, property located at 2515 Bamboo Street, be continued to the October 4, 1990, Planning Commission meeting so as to provide additional time to prepare for the appeal regarding the construction of a wall and wrought iron fence. Motion Motion was made and voted on to continue Item No. 7 to the Ayes * • * * t October 4, 1990, Planning Commission meeting. MOTION Absent , CARRIED. Resubdivision No 936 (Continued Public Hearing) Item No. I 8936 • Request to resubdivide three lots and a portion of a fourth lot into three parcels of land, each for two family residential purposes, on property located in the R -2 District. The proposal also includes an Removed exception to the Subdivision Code so as to allow the creation of from parcels which are less than 5,000 sq.ft. in area and less than 50 feet Calendar in width. LOCATION: Lots 3, 4, 5 and a portion of Lot 6, Block 132, Corona del Mar, located at 2612 - 2616 Ocean Boulevard, on the northeasterly side of Ocean Boulevard, between Dahlia Avenue and Fernleaf Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Thomas L. Kistinger, Corona del Mar OWNER: Same as applicant ENGINEER: Duca McCoy, Inc., Corona del Mar James Hewicker, Planning Director, stated that subsequent to the • July 19, 1990, Planning Commission meeting, the applicant -2- COMMISSIONERS September 20, 1990 MINUTES A . � 0 � CITY OF NEWPORT BEACH ROLL CALL INDEX submitted plans indicating that the two existing structures cross the proposed interior lot lines. He said that on the basis that the existing dwellings must be removed from the property, the City Attorney's Office has suggested that Finding No. 3 in Exhibit "A" be amended as follows to indicate that the property is currently developed with two single family dwellings.which will cross over the proposed lot lines: "That the proposed resubdivision presents no problems from a planning standpoint so long as the existing structures on the site are removed prior to the recordation of the parcel map." The continued public hearing was opened in connection with this item, and Mr. Thomas Kistinger appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A", as amended. Mr. Kistinger stated that there is an interest by two inheritors of the estate to market the property . located on two lots located at 2616 Ocean Boulevard; however, he indicated that he would demolish the second structure located on the third lot located at 2612 Ocean Boulevard so as to develop said property. Mr. Kistinger suggested that the subject property be subdivided as two parcels of 36.67 feet wide by 110 feet deep, and 73.33 feet wide by 110 feet deep so that the structure located at 2616 Ocean Boulevard would be retained for the time being. Mr. Kistinger stated that if the property would be developed and marketed as he has testified, that four additional dwelling units would not be built and Condition No. 13 in Exhibit "A" pertaining to park dedication fees would not be applicable. Discussion ensued between Mr. Kistinger and the Planning Commission with respect to the feasibility of the property owners marketing the subject parcels and opening escrow before the Planning Commission acts on the requested resubdivision. Mr. Hewicker explained that the property owners would not have to process the parcel map procedure if they marketed three lots as Lots 3, 4, 5 and a portion of Lot 6, and demolished the existing structures. -3- COMMISSIONERS MINUTES September 20, 1990 A � CITY OF NEWPORT BEACH ROLL CALL INDEX Following a discussion regarding the type of action the applicant wanted to follow with respect to the subject application, Mr. Hewicker suggested that Resubdivision No. 936 be removed from calendar until the applicant made a final decision. Mr. Kistinger agreed with the Mr. Hewicker's recommendation. Resubdivision No. 940 (Public Hearing item No.2 Request to permit the resubdivision of one lot and portions of two 8940 other lots and a portion of abandoned Carnation Avenue into a single parcel of land for three unit residential condominium Approved purposes on property located in the MFR (2140) District. LOCATION: Lot 10, and portions of Lots 8 and 12, Block • 231, Corona del Mar, and a portion of abandoned Carnation Avenue, located at 308 Carnation Avenue, on the southeasterly side of Carnation Avenue, between Bayside Drive and Seaview Avenue, in Corona del Mar. ZONE: MFR (2140) APPLICANT: Richard Duggan, Newport Beach OWNER: Same as applicant ENGINEER: Robin Hamers and Associates, Inc., Costa Mesa The public hearing was opened in connection with this item, and Mr. Richard Duggan, applicant, appeared before the Planning Commission. In response to a question posed by Acting Chairman Di Sano, Mr. Duggan concurred with the findings and conditions in Exhibit "A'. •-4- COMMISSIONERS September 20, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL III Jill I INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Resubdivision No. 940 Ayes * * subject to the findings and conditions in Exhibit "A ". MOTION Absent CARRIED. FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to the issuance of building permits unless otherwise approved by the Public Works Department and the Planning Department. That the parcel map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. • -5- COMMISSIONERS September 20, 1990 MINUTES 'd CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to fiuther review by the City Traffic Engineer. That no diagonal parking will be permitted along the Carnation Avenue (private street) frontage. 6. That a standard agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to completion of the public improvements. 7. That curb, gutter, sidewalk and pavement be reconstructed along the Carnation Avenue frontage. All work shall be completed under an encroachment permit issued by the Public Works Department or by signed plans approved by the City Engineer. All street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer. 8. That a non - exclusive easement for ingress and egress be dedicated to the City over the Carnation Avenue frontage (private street) and that an easement for public emergency and security ingress, egress and public utility purposes over Carnation Avenue be dedicated to the City. 9. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to the issuance of grading permits or building permits. Any modifications • -6- COMMISSIONERS September 20, 1990 MINUTES .o SC NO\CITY OF NEWPORT BEACH ROLL CALL 111 Jill INDEX or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 10. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A minimum 24 foot roadway width shall be maintained at all times along Carnation Avenue (private street) to provide access for the adjacent properties. 11. That overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 12. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 13. That a minimum six inch rise be provided between the existing alley flow line and the high point of the proposed driveway prior to descending into the subterranean garages along the alley unless otherwise approved by the Public Works Department. 14. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. -7- COMMISSIONERS September 20, 1990 MINUTES �o � CITY OF NEWPORT BEACH ROLL CALL INDEX 15. That the site plan for the future construction shall be reviewed and approved by the Public Works Department prior to issuance of any grading or building permits. That a minimum 5 foot setback be provided from the private alley at the rear of the property. 16. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 17. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • Resubdivision No. 941 (Public Hearing item No.3 R941 Request to permit the resubdivision of portions of two existing lots and a portion of abandoned Carnation Avenue into a single parcel Approved of land for two unit residential condominium purposes on property located in the MFR (2140) District. LOCATION: Portions of Lots 12 and 14, Block 231, Corona del Mar, and a portion of abandoned Carnation Avenue, located at 312 Carnation Avenue, on the southeasterly side of Carnation Avenue, between Bayside Drive and Seaview Avenue, in Corona del Mar. ZONE: MFR (2140) APPLICANT: Richard Duggan, Newport Beach OWNER: Same as applicant ENGINEER: Robin Hamers and Associates, Inc., Costa Mesa • -8- COMMISSIONERS September 20, 1990 MINUTES A 'P CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Richard Duggan, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Resubdivision No. 941 Ayes subject to the findings and conditions in Exhibit "A". MOTION Absent CARRIED. FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to the issuance of building permits unless otherwise approved by the Public Works Department and the Planning Department. That the parcel map be prepared using the State Plane Coordinate System as a basis of bearing. • 9_ September 20, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. That no diagonal parking will be permitted along the Carnation Avenue (private street) frontage. 6. That a standard agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to completion of the public improvements. 7. That curb, gutter, sidewalk and pavement be reconstructed along the Carnation Avenue frontage. All work shall be completed under an encroachment permit issued by the Public Works Department or by signed plans approved by the City Engineer. All street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer. 8. That a non - exclusive easement for ingress and egress be dedicated to the City over the Carnation Avenue frontage (private street) and that an easement for public emergency and security ingress, egress and public utility purposes over Carnation Avenue be dedicated to the City. 9. That a hydrology and hydraulic study be prepared by the . applicant and approved by the Public Works Department, -10- COMMISSIONERS September 20, 1990 MINUTES A '904. \� \ CITY OF NEWPORT BEACH ROLL CALL INDEX along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to the issuance of grading permits or building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 10. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A minimum 24 foot roadway width shall be maintained at all times along Carnation Avenue (private street) to provide access for the adjacent properties. 11. That overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 12. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 13. That the intersection of streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 14. That a minimum six inch rise be provided between the existing alley flow line and the high point of the proposed driveway prior to descending into the subterranean garages S -11- COMMISSIONERS September 20, 1990 MINUTES A �O� A CITY OF NEWPORT BEACH ROLL CALL Ill Jill I INDEX along the alley unless otherwise approved by the Public Works Department. 15. That the site plan for the future construction shall be reviewed and approved by the Public Works Department prior to issuance of any grading or building permits. That a minimum 5 foot setback be provided from the private alley at the rear of the property. 16. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 17. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • ! i f Resubdivision No. 942 (Public Hearing) item No.4 Request to resubdivide an existing lot into a single parcel of land 8942 for two unit residential condominium purposes on property located in the R -2 District. Approved LOCATION: Lot 10, Block 643, Corona del Mar, located at 608 Poinsettia Avenue, on the southeasterly side of Poinsettia Avenue, between Third Avenue and Fourth Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: CKM, Corona del Mar I, Corona del Mar ENGINEER: Alpine Consultants, Inc., Laguna Hills • -12- COMMISSIONERS September 20, 1990 MINUTES r o 0 , CITY OF NEWPORT 6EACH ROLL CALL H 11H INDEX The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public bearing was closed at this time. notion Motion was made to approve Resubdivision No. 942 subject to the Ayes * * * * findings and conditions in Exhibit "A'. Acting Chairman Di Sano Absent * stated that inasmuch as the applicant did not appear that the conditions of approval shall be imposed on the resubdivision. Motion was voted on, MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. • 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to occupancy unless otherwise approved by the Public Works and Planning Departments. That the parcel map be prepared using the State Plane Coordinate System as a basis of bearing. 2.' That all improvements be constructed as required by Ordinance and the Public Works Department. . -13- COMMISSIONERS September 20, 1990 MINUTES 1 f CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to completion of the public improvements. 4. That each dwelling unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That any deteriorated or displaced portions of sidewalk along the Poinsettia Avenue frontage. be reconstructed under an encroachment permit issued by the Public Works . Department. 6. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the City • Council. 7. That County Sanitation District fees be paid prior to issuance of any building permits. 8. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 9. That access and parking shall be subject to further review and approval by the Traffic Engineer.. 10. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 1924.140 of the Municipal Code. • -14- COMMISSIONERS September 20, 1990 MINUTES N \ CITY OF NEWPORT BEACH ROLL CALL INDEX 11. That the existing fence and low block wall that is located in the required 5 foot rear yard setback, adjacent to the alley, be removed. 12. Tbat a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 13. That this resubdivision. shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Use Permit No. 3390 (Public Hearing) Item No.5 Request to establish a take -out restaurant with incidental dining UP3390 specializing in the sale of bakery goods and which will include other food and beverage items and incidental seating on property Approved located in the P -C District. The proposal also includes a request to waive a portion of the required off- street parking spaces. The proposed hours of operation are from 6:00 a.m. to 8:00 p.m. daily. LOCATION: Lots 11, 12, 14, 15, and portions of Lots 16 and 17, Tract No. 815, located at 632 Lido Park Drive; on the northwesterly corner of Lido Park Drive and 28th Street, on the Lido Peninsula. ZONE: P -C APPLICANT: Connie McKinney, Newport Beach OWNER: Levon Gugasian, Newport Beach James Hewicker, informed the Planning Commission of previous uses on the subject site. He indicated that the only change on the premises from the previous take -out establishment is the upstairs i -15- COMMISSIONERS 0 °1 w September 20, 1990 CITY OF NEWPORT BEACH MINUTES R L CALL INDEX office space inasmuch as it was formerly occupied by Mr. Delaney, of Delaney's Restaurant. Mr. Hewicker explained that the office did not require an additional parking space inasmuch as Delaney's Restaurant exists on the subject property. In response to questions posed by Commissioner Edwards regarding on -site parking and waiving development standards, Mr. Hewicker explained that the previously permitted retail use in the commercial space would have generated a requirement of four parking spaces, and that there are four parking spaces that are located on -site that are available for use by the applicant; however, if the proposed take -out restaurant would have been located in a new building, 21 parking spaces would be required unless a portion of said spaces were waived. The public hearing was opened in connection with this item, and Ms. Connie McKinney, applicant, appeared before the Planning Commission wherein she concurred with the findings and conditions in Exhibit "A" with the exception of Condition No. 7 regarding the installation of grease interceptors. In response to a question posed by Commissioner Merrill, Ms. McKinney stated that the establishment would serve bakery products, and coffee, in addition to a limited breakfast and luncheon menu. In response to a question posed by Commissioner Edwards, Ms. McKinney replied that she was of the opinion that 90 percent of the customers would reside in the adjacent area. In response to a question posed by Commissioner Pomeroy, Ms. McKinney stated that she was not aware if a grease interceptor is currently on the premises. Mr. Hewicker explained that a grease interceptor would be necessary only if it were required by the Building Department and the Public Works Department. He indicated that the foregoing condition is required for the majority of the restaurants inasmuch as the City has concerns with respect . to grease entering the sewer system. Robin Flory, Assistant City Attorney, concurred that a major concern is that grease is going through the City's interceptors and the majority of the restaurants . -16- COMMISSIONERS September 20, 1990 MINUTES A �O \CITY OF NEWPORT BEACH ROLL CALL INDEX have installed grease interceptors. She indicated that grease interceptors are also required by the Uniform Plumbing Code. Commissioner Pomeroy agreed that grease cannot be allowed in the City's sewer system. In response to a question posed by Commissioner Edwards, Ms. McKinney replied that including herself, there would not be more than three employees. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Glover regarding the Specialty Food Ordinance, William Laycock, Current Planning Manager, replied that the Ordinance states that grease interceptors shall be installed as required by the Building Department and the Public Works Department. He stated that the Development Standard indicates the Modifications Committee, the Planning Commission, or the City Council may determine that the condition is not necessary. In response to a question posed by Acting Chairman Di Sano regarding the requirement for grease interceptors for all restaurants, Ms. Flory indicated that 95 percent of the restaurants currently have grease interceptors and the requirement would be based on the recommendation of the Building Department and the Public Works Department. Commissioner Pomeroy stated that on the basis staff has suggested Motion * that the waiver of parking could be allowed, motion was made to Ayes *. * * approve Use Permit No. 3390 subject to the findings and conditions Absent * in Exhibit "A ". Motion was voted on, MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal -17- COMMISSIONERS September 20, 1990 MINUTES ,e �O �� • '4 � CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX Program, Land Use plan, and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on -site and off -site in the 28th Street End Parking Lot to accommodate the proposed. facility and the existing Delaney's Restaurant. 4. That the waiver of the development standards as they pertain to walls, utilities, parking lot illumination, landscaping, and a portion of the required parking will not be detrimental to adjoining properties. 5. That the approval of Use Permit No. 3390 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, seating plan and floor plan. 2. That the development standards pertaining to traffic circulation, walls, landscaping, parking lot illumination, and that all the required additional parking spaces (17 spaces) shall be waived. 3. That the seating and dining area shall be incidental to the take -out restaurant and any introduction of table service will require amending the use permit. A maximum of 18 seats shall be permitted in the interior of the facility. -18- COMMISSIONERS dh ONI\Ok\ A September 20, 1990 CITY OF NEWPORT BEACH MINUTES R L CALL INDEX 4. That no tables or seating located outside of the subject facility shall be used exclusively by customers of the take -out restaurant facility but shall remain available for use by the general public at all times. No tablecloths shall be permitted on the tables outside the facility. 5. That the hours of operation shall be limited between the hours of 6:00 am. and 10:00 p.m. daily, and that any increase in hours shall be subject to the approval of an amendment to Use Permit No. 3390. 6. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 7. That grease interceptors shall be installed on all fixtures in the take -out restaurant where grease may be introduced into the drainage systems in accordance with the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 8. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 9. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 10. That no on -sale or off -sale of alcoholic beverages shall be permitted on the premises unless the Planning Commission approves an amendment to this use permit. 11. That the pedestrian walkway in front of the facility shall be kept clean and regularly maintained. Said walkway shall be swept, vacuumed, or washed in such a manner that any debris or wastewater does not enter the storm drain system or the Bay. • -19- COMMISSIONERS September 20, 1990 MINUTES �0 \ A CITY OF NEWPORT BEACH ROLL CALL INDEX 12. That all mechanical equipment and trash areas shall be screened from view and adjoining properties. 13. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 14. That the employees the proposed facility shall park their vehicles on -site at all times. 15. That Coastal Commission approval shall be obtained prior to the establishment of the take -out restaurant facility and prior to issuance of building permits for the tenant improvements associated with this approval. • 16. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. ! i t -20- COMMISSIONERS September 20, 1990 MINUTES 0 db ' 'k\ CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3392 (Public Hearine) Item No.6 Request to establish a billiards club with approximately 16 billiard UP3392 tables as well as incidental dining and the service of on -sale alcoholic beverages, including a full service bar on property located Not in the Newport Place Planned Community. approved LOCATION: Parcel 3 of Parcel Map 45 -23 (Resubdivision No, 346), located at 4250 Martingale Way, at the southeasterly terminus of Martingale Way, in the Newport Place Planned Community. ZONE: P -C APPLICANT: QUE Enterprises, Inc., Santa Ana . OWNER: Walter Johnson, Laguna Hills James Hewicker, Planning Director, referred to the pamphlet "How Do Pool & Billiard's Demographics Measure Up ?" that was distributed to the Planning Commission and to the memorandum that was addressed to the Planning Commission from the Chief of Police dated September 20, 1990, regarding the subject application. Mr. Hewicker explained that the foregoing memorandum described the concerns that the Police Department had regarding the subject use and it cited the problems of the Shark Club in Costa Mesa by the Costa Mesa Police Department during the past three months. The public hearing was opened in connection with this item, and Mr. Drew Hilinski, Tustin, and Tim Flathers, Orange, applicants, appeared before the Planning Commission wherein they concurred with the findings and conditions in Exhibit "A'. In response to questions posed by Commissioner Edwards, Mr. Flathers replied that the proposed establishment would differ from the foregoing Shark Club from the standpoint of the general operation of the club, the dress code requirements, the cost per • -21- COMMISSIONERS September 20, 1990 MINUTES O �0 \ • CITY OF NEWPORT BEACH ROLL CALL INDEX hour to participate in billiards play, and the high caliber of the club's customers. Mr. Flathers explained that billiards clubs are located throughout the United States, and continues to be a growing trend. In response to the memorandum from the Police Department, Mr. Flathers explained that the applicants did not have time to respond to the objections; however, he addressed the brochures and letters explaining the type of operation that they are proposing to establish. Mr. Flathers explained that the intent is to allow local business executives and visitors to the area the opportunity to play billiards during the lunch hour. Mr. Flathers indicated that the billiard club will install $8,000.00 billiard tables, and the intent is to invest $500,000.00 in interior decorating so as to provide a high quality atmosphere. Mr. Flathers concluded that the applicants are willing to cooperate with the City, and the statements by the Police Department are totally out of text of what the applicants proposed. Mr. Flathers further replied that food service will be available to the customers during the lunch hour. Mr. Hilinski further responded that the proposed establishment will consist of approximately 15 tables that will be clearly visible, and the atmosphere will provide quiet background music that will allow customers to talk and play billiards. In response to a question posed by Acting Chairman Di Sano, Mr. Flathers replied that the ambiance of the proposed facility will be much better than The Shark Club, and he described the paintings and lighting that are proposed for the club. In response to questions posed by Commissioner Merrill regarding gambling as stated in the memorandum from the Police Department, Mr. Flathers replied that the tables will be installed at four different areas, and one employee will be located in each area to assist and monitor the activities. Mr. Flathers further replied that the intent is not to attract gamblers and 'pool hustlers' to the facility. Mr. Hilinski replied that the establishment will employ between 15 to 20 employees, no more than 10 employees at one time, and that 15 employees are calculated in the number of required parking spaces. • -22- COMMISSIONERS September 20, 1990 MINUTES & \� \ CITY OF NEWPORT BEACH ROLL CALL INOEX Commissioner Pomeroy stated that he has played billiards in his home and at family billiards parlors for many years. He indicated that the family billiards parlors are in total contrast to the type of establishment that the negative comments from the Police Department are indicating, and the applicants are attempting to establish an up -scale establishment that will appeal to individuals like himself who would like to participate in billiards in a comfortable atmosphere where he would not have to associate with disorderly individuals. Commissioner Edwards concurred with the foregoing statements; however, he addressed his concerns with respect to how the proposed establishment will police the activities in a more positive . manner than the report submitted by the Police Department relating to The Shark Club. Mr. Flathers reported that The Shark Club attracts customers who are between 21 years to 30 years old, as opposed to the location of the subject facility that will attract • older business people. Mr. Flathers emphasized that the club will not allow any type of misconduct. Mr. Hilinski stated that the proposed facility will charge $12.00 per hour so as to eliminate a particular group of people, and the establishment will be in a high rent district. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3392 subject to the findings and conditions in Exhibit "X. Commissioner Edwards indicated that the proposed establishment would not be a negative impact, that the primary problems of a "pool hall" are associated with drinking, and he addressed the Police Department's memorandum. Commissioner Glover stated that she would not support the motion on the basis that the City has enough restaurants for entertainment purposes, that the establishment would not enhance the City, that she has respect for the Police Department's concerns, and the City -23- COMMISSIONERS MINUTES � September 20, 1990 A Nl\ CITY OF NEWPORT BEACH ROLL CALL INDEX is not as urban as other areas of the United States that have similar facilities. Acting Chairman Di Sano supported the motion on the basis that the Planning Commission may recommend the revocation of the use permit to the City Council if the facility would be detrimental to the community. He explained that the applicants should be given the opportunity to demonstrate that the establishment is a good business. Ayes * * * Motion was voted on to approve Use Permit No. 3392 subject to Noes * * * the findings and conditions in Exhibit 'W. The motion was NOT Absent * APPROVED. Robin Flory, Assistant City Attorney, informed the applicants that they may appeal the decision of the Planning Commission in conjunction with the use permit to the City Council for further • review of the application. Modification No. 3729 (Public Hearing) Item No.7 Request to consider an appeal of the Modification Committee's Mod 3729 approval of the subject application which included a request to construct a wall and wrought iron fence that would encroach 10 Cont ' d to feet into the required 10 foot front yard setback along Bamboo 10 -4 -90 Street. Said fence would range from 6 feet 11± inches to 7 feet 5± inches, where the Zoning Code allows a maximum of 3 feet in height for any construction in the required 10 foot front yard setback. The Modification Committee's approval limited the height of the wall and wrought iron fence to 6 feet in height measured from natural grade and required that it maintain a 5 foot front yard setback adjacent to Bamboo Street. 24 COMMISSIONERS MINUTES , September 20, 1990 dh ONIIo CITY OF NEWPORT BEACH ROLL CALL INDEX LOCATION: Lot 58, Tract No. 4893, located at 2515 Bamboo Street, on the northwesterly side of Bamboo Street, between Bixia Street and Bison Avenue, in Eastbluff. ZONE: R -1 -B APPLICANT: Eugene A. Cerko, Newport Beach OWNER: Same as applicant APPELLANT: Same as applicant James Hewicker, Planning Director, stated that the applicant has requested that this item be continued so as to provide additional time to prepare for the appeal. on * * Motion was made and voted on to continue this item to the s October 4, 1990, Planning Commission meeting. MOTION Absent CARRIED. Amendment No 714 (Continued Public Hearin el Item No.8 Request to consider amending Title 20 of the Newport Beach A714 Municipal Code so as to permit social clubs in the "Specialty (R1234) . Retail' (SR) area of the Cannery Village /McFadden Square Approved Specific Plan Area (SP -6), subject to the securing of a use permit in each case. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, explained that the purpose of this Amendment would be to address the issue of the Alano Club (Newport Club) located in Cannery Village, subject to the securing of a use permit. -25- COMMISSIONERS MINUTES � September 20, 1940 O tlad d �o \ 0 CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Commissioner PersSn with respect to an expansion that would include the downstairs facilities, Mr. Hewicker replied that the Alano Club has expanded to the downstairs area that has allowed functions that have attracted a large number of people. He explained that the City would like to have the ability, through the use permit procedure, to regulate the activities that have included large gatherings and to also control parking requirements. Mr. Hewicker further replied that representatives of the Alano Club understand that the organization's activities were expanded without discretionary approval, and if the club did not obtain the necessary use permit, the activities would need to be confined to the second floor of the building. The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public Dion hearing was closed at this time. * Motion was made and voted on to adopt Resolution No. 1234, Ayes * * * * * * recommending to the City Council Amendment No. 714. MOTION Absent CARRIED. Amendment No. 716 (Public Hearing) Item No.9 Request to consider amending Title 20 of the Newport Beach A716 Municipal Code so as to establish the Retail and Service (R1235) Commercial (RSC), Recreational and Marine Commercial (RMC), Approved and Administrative, Professional, and Financial Commercial (APF) Districts. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, made a brief presentation with respect to the proposed Amendment. • 26 COMMISSIONERS September 20, 1990 MINUTES A �O \CITY OF NEWPORT BEACH ROLL CALL INDEX Don Webb, City Engineer, referred to Section 20.33.045, SETBACKS, C, Building Location, and he suggested that the following be added to the paragraph: "..space for the 'pedestrian and' traffic movements..." on the basis that if there is a zero setback and a narrow sidewalk, there would be a better opportunity to require a wider sidewalk. The public hearing was opened in connection with this item. There being no one to appear before. the Planning Commission, the public hearing was closed at this time. Motion * Motion was made and voted on to adopt Resolution No. 1235, Ayes recommending to the City Council the adoption of Amendment No. Absent * 716. MOTION CARRIED. x x x . DISCUSSION ITEMS: Discussion Items Establishment of Grade #1 Request for the Planning Commission to establish grade for the Establish purpose of measuring building height in accordance with Section . Grade 20.87.200 of the Municipal Code for an existing developed site on property located in the 24/28 Foot Height Limitation District. withdrawn LOCATION: A portion of Block D, Corona del Mar, located at 2323 Bayside Drive, on the westerly side of Bayside Drive, below Pacific Drive, in Corona del Mar. ZONE: R -1 APPLICANTS: John A. and Sylvia Michler, Corona del Mar OWNERS: Same as applicants -27- COMMISSIONERS September 20, 1990 MINUTES ,o a� �0 A \ CITY OF NEWPORT BEACH ROLL CALL INDEX James Hewicker, Planning Director, indicated that the Planning Commission has seldom been requested to establish grade for the purpose of measuring building height. He stated that at the subject location there is a row of properties that were graded and improved in the 1950's wherein portions of the lots were generally padded for residences and portions of the lots maintained heigher elevations for garages adjacent to Bayside Drive. Mr. Hewicker addressed his concern that the request to establish a different grade on the subject property could.be the first request that may end up changing how grade is interpreted for the entire row of the properties. Commissioner Pers6n and Mr. Hewicker discussed the procedure of notifying adjoining property owners and Homeowner's Associations of a request to consider establishing grade for measuring height inasmuch as said applications are considered • "Discussion Items. ", and Mr. Hewicker commented that as a courtesy, the City notifies the adjoining property owners. Commissioner Pers6n expressed his concern that the requests could have a detrimental affect on surrounding property owners and Homeowner's Associations, and he suggested that in the future the requests be considered in a public hearing forum. Commissioner Pers6n and Commissioner Edwards addressed their concerns with respect to establishing grade for the subject property inasmuch as it would be detrimental to the adjoining lots. Mr. John Michler, applicant, and Mr. Mahesh Massand, architect, appeared before the Planning Commission. Mr. Massand described from a model of the project, the proposed height of the structure from Bayside Drive and from the bay, the view corridor that would be provided from Bayside Drive, and the existing retaining wall that has created two different pad elevations on the property. Mr. Hewicker stated that the applicant is requesting to establish a higher plane from which the grade would be made, and to allow the structure to be built 29 feet above that grade. Mr. Michler agreed to modify the height of the structure. Mr. Hewicker stated that instead of requesting that the Planning Commission change the • -28- COMMISSIONERS September 20, 1990 MINUTES A gs� �°� : °off ��' '' \ CITY OF NEWPORT BEACH ROLL CALL INDEX grade and the applicant be given 'carte blanche' of the design, the applicants should work with the existing grade and work under the procedures of a use permit or a variance. Mr. Michler concurred with Mr. Hewicker's suggestion to reapply for another application. Mr. Michler determined that the proposed project would have less of an impact on the adjoining community on the basis that a 20 foot setback is proposed adjacent to Bayside Drive whereas if the project were developed in accordance with the Zoning Code, the property could be developed with a 5 foot front yard setback adjacent to Bayside Drive, a 29 foot high wall could be constructed on a side yard setback line, and a 19 foot high wall could be located along the other side yard setback line. Following a discussion between Mr. Michler and Commissioner Glover, Mr. Hewicker explained that by establishing grade there • would not be change in the setback off of Bayside Drive. In response to statements made by the Planning Commission with respect to the applicant's request, Mr. Michler informed the Commission that he would agree to withdraw the subject application and refile a new application. Mr. Hewicker explained the provisions that would allow the applicant to apply for a use permit. Mr. Jeff Dahl, Architect, 318 - 31st Street, appeared before the Planning Commission on behalf of the adjoining neighbors wherein he stated Mr. and Mrs. Farley's concerns with respect to the project's negative impact on their courtyard. Mr. Massand reappeared before the Planning Commission wherein be indicated that the applicant would agree to meet with the neighbors regarding their concerns. Mrs. Robin Farley, 319 Bayside Drive, appeared before the Planning Commission whereby she agreed to meet with Mr. and Mrs. Michler and their architect regarding the proposed project. • -29- COMMISSIONERS September 20, 1990 MINUTES o� CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Michler reappeared before the Planning Commission whereby he agreed to withdraw the Establishment of Grade application and to meet with the neighbors concerning the proposed project. Planning Commission Interpretation PC Interpreta Request to clarify the interpretation of certain provisions of the tion Zoning Code pertaining to alterations and remodeling of nonconforming commercial and industrial structures. Commissioner Pers6n stated that he agreed with staff concerning Ordinance No. 90 -22 regarding remodels wherein he indicated that the restrictions on interior remodels for nonconforming residential • structures should not apply to nonconforming commercial or industrial buildings; however, he suggested that commercial and industrial buildings should be considered in a separate Ordinance. Mr. Jeff Pence, 725 Via Lido Soud, appeared before the Planning Commission. He addressed the commercial building that is currently being remodeled at 3305 Newport Boulevard, and he described the improvements that are being built. Motion - Motion was made and voted on to adopt an interpretation of the Ayes * * * * Remodel Ordinance to the effect that it does not include Absent * nonconforming commercial or industrial buildings; to direct staff to review the issue and to consider the adoption of a new Ordinance or to amend the existing Ordinance to address commercial and industrial concerns. MOTION CARRIED. The Planning Commission made the determination that it was not necessary to require discretionary action for basic tenant interior alterations in nonconforming commercial or industrial buildings. • -30- COMMISSIONERS September 20, 1990 MINUTES �O \ N5 CITY OF NEWPORT BEACH ROLL CALL III Jill I INDEX ADDITIONAL BUSINESS: Add ' i Business Planning Director Hewicker informed the Planning Commission that the League of California Cities Convention will be held in Anaheim, October 21 - 24, 1990, and the Planning Commissioner's Institute will be held in Monterey, March. 20 -22, 1991. League of cal cities PC Institute ADJOURNMENT: 9:10 P.M. Adjourn- ment r►: THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -31-