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HomeMy WebLinkAbout09/22/1994COMMISSIONERS CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: MINUTES September 22, 1994 ROLL CALL INDEX Present * * * Commissioner DiSano was excused. (Commissioner Pomeroy Absent * arrived at 7:35 p.m. and Chairman Glover arrived at 8:00 p.m.) i # # EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Clauson, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary # : s . Minutes of September 8 1994 Minutes of 9/8/9 Commissioner Pomeroy requested that page 18, second paragraph, state ...eliminate all of the issues concerning the 24 hour operation, i.e.: the noise from the speaker box and the customers congregating on the site, 'and if these were unsatisfactory remove the 24 hour operation'... Motion Motion was made and voted on to approve the amended Ayes September 8, 1994, Planning Commission Minutes. MOTION Abstain * * CARRIED Absent si# Public Comments: Public Comments No one appeared before the Planning Commission to speak on non- agenda items. R i # COMMISSIONERS Inwi CITY OF NEWPORT BEACH MINUTES September 22 1994 ROLL CALL 1 INDEX PostinE of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, September 16,1994, in front of City Hall. Use Permit No. 3539 (Public Hearing) item No.. Request to permit the establishment of a restaurant with on -sale UP3539 beer and wine and live entertainment and tandem parking in Approved conjunction with a full time valet parking attendant, on property located in the RSC District. The proposal also includes a request to waive a portion of the required off -street parking spaces. LOCATION: Parcel 1 of Parcel Map 129/34 -35 (Resubdivision No. 582) located at 3140 East Coast Highway, on the northwesterly comer of Larkspur Avenue and East Coast Highway, in Corona del Mar. t ZONE: RSC APPLICANT: John McLaughlin, Lakewood OWNER: Value Line Financial Corp., Newport Beach Commissioner Edwards asked if there are any other situations in the City where the use of parking spaces in Municipal Parking Lots as well as valet parking are allowed? James Hewicker, Planning Director, replied that there are a number of uses, including restaurants, which have been allowed to use the City Municipal Parking Lot and have purchased permits for the use of the parking lot, not only on the Balboa Peninsula but in Corona del Mar. The proposal for valet parking has been withdrawn, and the applicant will rely solely on the 12 self - parked parking spaces that exist on the site. The applicant has indicated an interest in • -2- COMMISSIONERS An \ 0���O �q'2'o CITY OF NEWPORT BEACH MINUTES September 22 94 ROLL CALL 11-9 INDEX purchasing annual parking permits from the City in the Municipal Parking Lot for employee parking. Mr. Hewicker stated that the proposed restaurant is in a building that occupies approximately 26 percent of the site, and the "net public area" occupies 1,055 square feet, or about 28 percent of the building on the site. As indicated in the staff report, the requested hours of operation are from 11:30 am. to 2:30 p.m. Tuesday through Friday, on Tuesday through Thursday the evening hours would be from 5:30 p.m. to 10:00 p.m., on Friday and Saturday evenings the restaurant would be open from 5:30 p.m. to 11:00 p.m., and on Sunday from 5:30 p.m. to 10:00 p.m. The restaurant is not proposing a bar or dancing; however, live entertainment would consist of no more than two musicians. Twelve (12) parking spaces are available on -site for self -park, and the applicant is requesting that 15 parking spaces be waived. Mr. Hewicker stated that there are parking lots within close proximity to the restaurant . across East Coast Highway; however, the crosswalks are not convenient from the restaurant to the parking lots. There are many uses in Corona del Mar and on the Balboa Peninsula that take advantage of the Municipal Parking Lots. He stated that the City Council passed a resolution establishing a moratorium on the use of Municipal Parking Lots regarding the sale of in -lieu parking spaces for customers and allowing businesses to use the parking lots to satisfy parking for customers until after the Specific Area Plan for Central Balboa was adopted, and he advised that the City Council would soon review the moratorium inasmuch as the Specific Area Plan was recently approved. In response to questions posed by Commissioner Adams, Mr. Hewicker stated that wall requirements for restaurants shield adjoining parking lots from adjoining residential communities; however, if a wall would be constructed on the subject property it would impede the access to the parking spaces. Mr. Hewicker explained bow the City's policy was established to require a specific number of parking spaces for restaurants ranging from one parking space for each 30 square feet of "net public area" to one parking space for each 50 square feet of "net public area ". He • -3- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES - September 22- ROLL CALL RNMEX stated that for a dinner house similar to the proposed restaurant the Planning Commission has approved one parking space for each 40 square feet of "net public area ". The public hearing was opened in connection with this item, and Mr. John McLaughlin, applicant, appeared before the Planning Commission. In response to a question posed by acting Chairman Gifford, Mr. McLaughlin concurred with the findings and conditions in Exhibit "A". Mr. McLaughlin emphasized that the restaurant would not have a bar, and occasionally there would be entertainment. The maximum occupancy of the restaurant would be 60 patrons. Mr. McLaughlin stated that he is a gourmet cbef and he would do the cooking in the restaurant; therefore, the emphasis would be on food. He indicated that he has been involved in Newport Beach charity events that are culinary oriented, and be teaches classes at UC Irvine. He opined that many of the Corona del Mar residents would walk to the . restaurant. In response to questions posed by Commissioner Edwards with respect to the fact that 10 of the 12 on -site parking spaces were occupied in the parking lot when staff visited the site, Mr. McLaughlin stated that inasmuch as the building has been vacant for many months, it has become convenient for businesses and residents to use the parking lot; however, there is adequate parking in the area. In response to a question posed by Commissioner Adams, Mr. McLaughlin replied that the request for tandem parking in conjunction with full time valet parking was withdrawn because it was not worth the expense inasmuch as it would only generate two or three additional parking spaces. Mr. Hewicker stated that a valet attendant could use an off -site parking lot if the applicant could locate off - street parking that would be in close proximity to the restaurant. Commissioner Adams expressed concerns regarding the shortage of parking in the area. • -4- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH Se tember 22 ROLL CALL INDEX In response to a question posed by Commissioner Ridgeway, Mr. McLaughlin replied that he intended to purchase parking permits for the restaurant's employees in the Municipal Parking Lots across East Coast Highway. Mr. Craig Phillips, 506 Larkspur Avenue, appeared before the Planning Commission to oppose the subject application on the basis that there are not enough parking spaces in the area. He said that street parking became a big problem for the residents when second units were built on existing homes. In response to a question posed by Commissioner Edwards, Mr. Phillips stated that if parking could be resolved that he would not oppose the restaurant. Mr. Bing Starr, 427 -1/2 Larkspur Avenue, appeared before the Planning Commission and expressed concerns regarding parking and restaurant noise based on delivery truck and patron noise that is transmitted from The Quiet Woman Restaurant and the Corona Cafe into the residential neighborhood. Mr. Jim Dunlap, 419 Marguerite Avenue, appeared before the Planning Commission to express his concerns regarding parking and the erosion of the residential character of the neighborhood adjacent to the commercial property. He expressed a concern regarding the waiver of 15 on -site parking spaces, and he determined that the automobiles currently using the subject parking lot would have to find parking spaces on the street. He asked how the applicant intends to monitor employees who should park in the Municipal Parking Lots. Mr. Dunlap compared parking problems that currently exist adjacent to The Quiet Woman Restaurant with parking problems that could exist adjacent to the proposed restaurant. Commissioner Pomeroy and Mr. Dunlap considered the percentage of garage parking spaces that are currently being used by the occupants within a three block area, and the garages that are being used for residential occupancy as opposed to garages. • -5- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH September 22, 1094 ROLL CALL INDEX Mr. Howard Ashton, 308 Orchid Avenue, property owner of 418 Larkspur Avenue, appeared before the Planning Commission. Mr. Ashton distributed photographs that concerned a Planning Commission meeting on September 9, 1993, with respect to The Quiet Woman Restaurant. He expressed a concern that there would be similar noise problems with respect to delivery trucks arriving at the proposed restaurant. In response to a question posed by Mr. Ashton regarding the handicap parking space, Mr. Hewicker replied that the handicap parking space is included in the number of required parking spaces whereby Mr. Ashton responded that the parking space would not be used on a regular basis. In response to a question posed by Commissioner Ridgeway, Mr. Hewicker_ replied that a handicap parking space always has to be independently accessible. Ms. Debbie Ashton, 418 -1/2 Larkspur Avenue, appeared before the Planning Commission to oppose the subject request for the reasons that there would not be adequate parking for the local businesses and residents; noise from an increase in traffic, noisy patrons, delivery trucks, trash pickup; and potential unpleasant odors from kitchen exhaust fans and trash would be transmitted into the neighborhood. She addressed her concerns regarding the existing patron noise leaving The Quiet Woman Restaurant late at night into the residential neighborhood. Mr. Doug Ashton, 418 -1/2 Larkspur Avenue, appeared before the Planning Commission to express his concerns regarding parking and restaurant odors transmitting into the neighborhood. Mr. Ashton stated that there would not be adequate space for tandem parking in the parking lot since the automobiles encroached in to the alley. Mr. Gary Naumann, 711 Larkspur Avenue, appeared before the Planning Commission. He stated that other uses are being considered for the subject property, including a proposed retail use. •-6- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ' septemper 22 ROLL CALL INDEX Mr. Richard Fleming, 2271 White Oak Lane, Corona, appeared before the Planning Commission as the architect for the proposed project. He stated that the proposed restaurant would be fine dining. The entertainment would consist of either a piano, acoustic guitar, harp, or soft music, and the doors would remain closed. The Quiet Woman Restaurant's deliveries are made from the alley; however, the deliveries at the subject site would be in the mornings and the delivery trucks would be allowed to park on site and would not block the alley. He said that the fine dining restaurant would close at 10:00 p.m. Tuesday through Thursday and Sunday. He addressed the issue of tandem parking and the necessity to use valet parking if tandem parking were required to park the automobiles in the parking lot. Commissioner Ridgeway, Mr. Fleming, and Mr. Hewicker discussed the design for tandem parking to provide additional parking spaces. In response to a question posed by Commissioner Adams, Mr. Fleming stated that when the building was modified the glass line was moved out and . an additional 252 square feet was added to the square footage. Ms. Ashton reappeared before the Planning Commission, and for the record, she submitted nine letters of opposition from residents in the area. Ms. Carol Dunlap, 419 Marguerite Avenue, appeared before the Planning Commission to express her concern regarding patron noise leaving The Quiet Woman Restaurant. Mr. McLaughlin reappeared before the Planning Commission in response to the residents' foregoing comments. Mr. McLaughlin emphasized that the proposed restaurant would not have a bar, and the hours of operation, the size of the restaurant, and patrons are not to be compared to The Quiet Woman Restaurant. Commissioner Pomeroy commented that if the square footage of the "net public area" would be reduced then the number of required parking spaces would also be reduced. Mr. McLaughlin stated that the parking would not be deficient in the neighborhood. IL9f0 CITY OF NEWPORT BEACH MINUTES September 22, 1994 ROLL CALL INDEX In response to questions posed by Commissioner Adams, Mr. McLaughlin replied that he contacted property owners in the area regarding off -site parking and no property owner wants to lease parking spaces. In reference to the aforementioned comments that several parking stalls were currently being occupied in the parking lot, Mr. Hewicker stated that it has not been a requirement for a business owner to provide parking for other businesses or for the residential neighborhood. There being no others desiring to appear and be heard, the public bearing was closed at this time. 1 Commissioner Adams stated that a restaurant is a permitted use on the subject site. The subject restaurant would not be an unreasonable use inasmuch as it would be a dignified restaurant . and should not be compared to The Quiet Woman Restaurant. However, he expressed his concerns regarding the shortage of parking in the area, and the inconvenient use of the Municipal Parking Lot and crosswalks for the employees and restaurant patrons. He stated that the only way to resolve the parking problem would be if the applicant would enter into an off -site parking for additional parking spaces on the same side of East Coast Highway for valet and patron use. He said that based on the aforementioned comments, he would not be in favor of the application. Commissioner Ridgeway stated that there are restaurants in the community that do not provide any parking, and the applicant is being punished by the residents for uses that exist in the neighborhood, i.e.: The Corona Cafe and The Quiet Woman Restaurant. Commissioner Ridgeway explained that the staff report indicates that approximately 28 parking stalls could be available for the employees in the Municipal Parking Lot, and for the patrons on the subject property and on the streets directly abutting the restaurant site; therefore, the parking would sufficiently meet the requirements for the restaurant. He -8- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September zz ROLL CALL INDEX questioned if the addition of the subject restaurant would have much of an impact on the neighborhood. Commissioner Edwards suggested that conditions be added requiring employees to park in the Municipal Parking Lot, add valet parking with additional tandem parking spaces, and eliminate the live entertainment. Discussion ensued between Commissioner Edwards and Commissioner Ridgeway regarding the removal of music whereby Commissioner Edwards stated that it would show 'good faith' by the applicant to the surrounding neighbors. In response to questions posed by Acting Chairman Gifford, Mr. Hewicker replied that under the conditions of the use permit it would not be possible for a bar to open at the subject location. He referred to the conditions in Exhibit "A" that the Police Department has suggested for restaurant operations within the City that address bona fide restaurants, the service of meals, no special drink prices, etc. Mr. Hewicker stated that no previous use permit has been entertained on the subject property for either a restaurant or bar. Commissioner Gifford addressed the residents' concerns regarding the subject restaurant; however, she opined that many of the concerns are due to the existing operations in the neighborhood. There is a much smaller need for parking at fine dining restaurants, and she considered the number of parking spaces that she thought would be reasonable for the restaurant. Commissioner Pomeroy stated that the issue is not parking, but it is the restaurant use, the noise, and the disturbance in the alley. He stated that restaurants create a problem for the neighbors when they are located adjacent to a residential area. Discussion ensued between Commissioner Pomeroy, Mr. Hewicker, Commissioner Gifford, and Commissioner Ridgeway with respect to reducing the square footage of the "net public area" to enable the applicant to comply with the parking requirement of one parking space for each 40 square feet of "net public area ". In response to a question posed by Commissioner Ridgeway, Don Webb, City Engineer, replied that 4 or 5 additional parking spaces 9 COMMISSIONERS ���tnC`p.�dlG�i 9p 1 CITY OF NEWPORT BEACH MINUTES September 22 ROLL CALL INDEX could be provided if tandem parking spaces would be available parallel to the alley. Commissioner Ridgeway stated that the applicant is showing'good faith' as indicated in the proposed hours of operation. Acting Chairman Gifford requested that Mr. McLaughlin reappear before the Planning Commission to comment on Commissioner Pomeroy's remarks regarding the reduction of the square footage of "net public area ". Mr. McLaughlin stated that the proposed 60 seats would be necessary, and if 252 square feet would be reduced in the serving area that it would be uncomfortable for the restaurant's patrons. In response to questions posed by Commissioner Ridgeway. and Acting Chairman Gifford, Mr. McLaughlin agreed to tandem parking provided by a valet service. In response to comments by Commissioner Adams with respect to the proposed 60 patrons, Mr. Hewicker explained that the . occupant load is calculated by the Fire Department and Building Department based at one person for each 15 square feet. The Planning Commission is allowed to establish a lower occupant load through the approval of a use permit. In response to a question posed by Acting Chairman Gifford, Mr. McLaughlin concurred with the hours of operation as stated by Mr. Hewicker at the opening of the public hearing. In response to a question posed by Commissioner Ridgeway, Robin Clauson, Assistant City Attorney, stated that the Planning Commission is required to consider the testimony during the public hearing and the information in the staff report to determine if the Planning Commission can make Finding No. 5, Exhibit "A ", stating that adequate parking ... will be provided with a combination of available on -site parking and ....on -street parking for patrons-and the use of the nearby Municipal parking lots for employee parking. Motion Motion was made to approve Use Permit No. 3539 subject to the findings and conditions in Exhibit "A", with the following • -10- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL aeptemuer tt. INDEX amendments: amend Condition No. 5 requiring valet parking with additional tandem parking spaces on -site; amend Condition No. 10 stating that no live entertainment shall be allowed; amend Condition No. 13 indicating the hours of operation shall be from 11:30 am. to 10:00 p.m. on Monday through Thursday, from 11:30 a.m. to 11:00 pm. on Fridays, from 5:30 p.m. to 11:00 p.m. on Saturdays, and from 5:30 p.m. to 10:00 p.m. on Sundays; and add Condition No. 32 stating that the occupancy load of the restaurant facility shall not exceed 60 patrons. Acting Chairman Gifford suggested an amendment to the motion stating that live entertainment shall be permitted but no amplified music be allowed. The maker of the motion agreed with the recommendation. Ayes - Motion was voted on to approve Use Permit No. 3539 subject to No the findings and conditions in Exhibit "A ", as amended. MOTION * CARRIED. 41nt ain FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development 4. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. That adequate parking for the proposed restaurant will be provided with a combination of available on -site parking • -11- CITY OF NEWPORT BEACH MINUTES September 22 ROLL CALL IND EX and immediately adjacent on- street parking for patrons, as well as and the use of the nearby Municipal parking lots for employee parking. 6. That the waiver of the development standards as they pertain to walls, and a portion of the required parking will not be detrimental to adjoining properties. 7. That the approval of Use Permit No. 3539 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. CONDMONS: . 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations, except as noted below. The approved plot plan shall be revised to indicate the existing 12 on -site parking spaces, and the proposed tandem parking spaces. 2. That the development standards pertaining to walls, and a portion of the required parking shall be waived. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 5. That the tandem parking serviced by a valet parking service, vehicular circulation and pedestrian circulation • -12- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Se tember 22 , ROLL CALL INDEX systems be subject to further review by the City Traffic Engineer. 6. That the tree damaged and displaced sidewalk be reconstructed along the East Coast Highway frontage and under a City Encroachment Permit along the Larkspur Avenue frontages. That all work be completed under a Cal Trans Permit along the East Coast Highway frontage and under a City Encroachment Permit along the Larkspur Avenue frontage. 7. 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. . 8. That 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. 9. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the building Department. 10. That the proposed live entertainment shall be confined to the interior of the building. All doors and windows within the building shall be closed while live entertainment is being provided within the subject restaurant. No amplified music shall be allowed. 11. That no dancing shall be permitted in conjunction with this application unless the Planning Commission approves an amendment to this use permit. • -13- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September 22 ROLL CALL INDEX 12. That all mechanical equipment and trash areas shall be screened from the adjacent street and adjoining properties, and that said trash shall be stored at the rear of the site. 13. That the hours of operation of the restaurant facility shall be limited between the hours of 11.30 a.m. and 10:00 p.m., Monday through Thursday, 11:30 a.m. to 11:00 p.m. on Fridays, 5:30 p.m. to 11:00 p.m. on Saturdays, and from 5:30 p.m. to 10:00 pm. on Sundays. 14. That there shall be no bar or lunge area upon the licensed premises for the purposes of sale, service or consumption of alcoholic beverages directly to patrons. At all times that the restaurant is open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. • 15. That the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of food normally offered by such restaurants, up until one -half hour prior to closing. 16. That the Alcoholic Beverage Control license shall not be exchanged for a public premises type license, nor operated as a public premises. 17. That the sale of alcoholic beverages for consumption off - site is prohibited. 18. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 19. That the licensee shall maintain records at all times which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the license business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department of • -14- CITY OF NEWPORT BEACH MINUTES September 22 ROLL CALL INDEX Alcoholic Beverage Control or the City of Newport Beach upon demand. 20. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition. 21. That there be no reduced drink price specials at any time. 22. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 23. That the parking lot of the premises shall be equipped with . lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. This requirement shall include a report from a qualified lighting engineer, certifying the parking lot is illuminated at a minimum level of one foot candle power, evenly dispersed, measured at ground level. 24. That the lighting in the parking area of the premises shall be directed, positioned, and shielded in such a manner so as not to unreasonably illuminate any window area of any nearby residences. 25. That the licensee shall be responsible for maintaining, free of litter, the area adjacent to the premises over which they have control. 26. That there shall be no pool tables or coin - operated games or machines maintained upon the premises at any time. 27. That a Live Entertainment Permit shall be obtained from the City. • -15- COMAUSSiONERS CITY OF NEWPORT BEACH MINUTES - sepremuer zz ROLL CALL INDEX 28. That all signs shall conform with Chapter 20.06 of the Municipal Code. 29. That all employees shall park in the Municipal parking lots located to the southwest of the subject property, across East Coast Highway, and that the applicant shall purchase from the City, parking permits for said Municipal lots, for each employee of the subject restaurant. Said parking permits shall be purchased regularly and shall be kept current. 30. That the Planning commission may add or modify conditions of approval to the 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, cause injury, or is detrimental to the health; safety, peace, morals, comfort or general welfare of the community. 31. That this use permit shall expire if not exercised with 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 32. That the occupancy load of the restaurant shall be limited to 60 patrons. • -16- MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3540 (Public Hea rings Item No. Request to permit an as -built outdoor display and sales area in UP3540 conjunction with an existing florist shop, on property located in the CNH District. Approved LOCATION: Lots 5, 6 and a portion of Lot 7, Tract No. 4225, located at 1811 Westcliff Drive, on the southwesterly side of Westcliff Drive, between Irvine Avenue and Dover Drive, in the Westcliff area. ZONE: CNH APPLICANT: The Greenhouse at Westcliff Court, Newport Beach OWNER: Heritage Economy Services, Newport Beach The public hearing was opened in connection with this item, and Mr. Richard Dick, applicant, appeared before the Planning Commission. Mr. Dick reviewed the proposal, and 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 Use Permit No. 3540 Ayes * * * * * subject to the findings and conditions in Exhibit "A ". MOTION Absent * CARRIED. FINDINGS 1. That the subject outdoor garden area is consistent with the General Plan and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. -17- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 3. That the as -built outdoor expansion will be adequately served by existing on -site parking. 4. That the approval of Use Permit No. 3540 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 and floor plan, except as noted below. 2. That the outdoor display area shall be limited to a • maximum of 121± square feet. 3. That the outdoor display and sales area shall be kept in a neat, orderly manner, and that said area shall be utilized for the display of plants and related decorative items only. 4. That one parking space for each 250 sq.ft. of floor area in the outdoor display and sales area shall be provided on -site (1 space). 5. That a building permit shall be issued for the as -built construction. 6. That the Planning Commission may add or modify conditions of approval to the 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, cause injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. • -18- L COMMISSIONERS CITY OF NEWPORT BEACH MINUTES R LL CALL INDEX Amendment No. 785 (Public Hearing) item No.3 Request to consider an amendment to Title 20 of the Newport A785 Beach Municipal Code, so as to allow balconies within required (Res 1370 front yard setbacks on residential lots along East Ocean Front and Approved West Ocean Front on the Balboa Peninsula and in West Newport. INITIATED BY: The City of Newport Beach Commissioner Ridgeway stated that a property owner indicated to him that he would like to encroach further into the 5 foot front yard setback by another 2 -1/2 feet if there is no obstruction of views, and he responded that the request would appear to need a modification. James Hewicker, Planning Director, concurred that the Modifications Committee could review this type of request. In response to questions posed by Commissioner Adams regarding existing non - conforming structures, Mr. Hewicker explained a variety of situations where the City would have to initiate an enforcement action on the structures that are non - conforming. Mr. Hewicker concurred that the suggested three foot balcony encroachment into the required front yard setback was a statistical determination. In response to a question posed by Commissioner Ridgeway, William Laycock, Current Planning Manager, concurred that if the amendment would be approved with the 3 foot balcony encroachment, there would still be 12 violations of balcony encroachments. The public hearing was opened in connection with this item, and Mr. Charles Goldsworthy, 7400 West Ocean Front, appeared before the Planning Commission. Mr. Goldsworthy stated that when he purchased his duplex in 1988 there was a second floor balcony that encroached 5 feet beyond the front property line onto the public beach.. He said that when the Ocean Front Encroachment Committee guideline stated that an encroachment over 3 feet high was not going to be allowed on the beach, he • -19- COMMISSIONERS Awl'� N CITY OF NEWPORT BEACH MINUTES September , ROLL CALL INDEX applied for a Modifications Permit to allow a 5 foot balcony encroachment into the required 5 foot front yard setback (i.e. to the front property line). The Modifications Committee approved the 5 foot encroachment; however, the City Council denied the request. He supports the proposed three foot encroachment; however, he requested that the existing encroachments should be allowed to remain, and that the amendment apply to future construction. In response to questions posed by Chairman Glover, Mr. Hewicker explained that staff has an inventory of the nonconforming encroachments along the ocean front properties. With the adoption of the amendment, the property owners who meet the proposed standards would be allowed to maintain their existing encroachments. The encroachments that extend beyond the three feet would be required to obtain a Modifications Permit. Staff would review the list, property by property, and investigate each . encroachment over a period of time. Robin Clauson, Assistant City Attorney, stated that the encroachments would remain non - complying with the change, and an investigation would review if the encroachments were permitted. If the encroachments were illegal when they were constructed, then the property owners would be required to bring the property into conformance. Discussion ensued with respect to the encroachment that exists on Mr. Goldsworthy's property and the procedure that he would be required to follow to request approval of the existing encroachment to the front property line. Commissioner Ridgeway suggested that if the subject amendment is approved that Mr. Goldsworthy be allowed to go directly to the City Council and request the five foot encroachment. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Edwards opined that Mr. Goldsworthy may be allowed to bring the encroachment request back to the Modifications Committee if the amendment is approved inasmuch • -20- COMMISSIONERS �no CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion as it would be a reconsideration of the application. Motion was made to adopt Resolution No. 1370 and recommend to the City Council the adoption of Amendment No. 785. In response to questions posed by Chairman Glover with respect to allowing the existing three foot encroachments, Mr. Hewicker replied that the City Council does not want the property owners to be allowed to maintain encroachments into the setback when the property owners constructed the balconies in violation of permits that were denied. Chairman Glover addressed her concern that there are property owners who purchased property not knowing about the encroachments. Mr. Laycock stated that Mr. Goldsworthy would be required to apply for a Building Permit inasmuch as the existing balcony was constructed on to the public beach, and it encroaches five feet beyond the property line. . Commissioner Gifford opined that the best way to do planning is not to try to use it to conform zoning violations, but to take the approach of what would be the best situation. She requested that the amendment clearly define that the issue is upper floor balconies, and that window planter boxes and restricting the length of the balcony be considered in the amendment. Discussion ensued regarding the aforementioned suggestions. Mr. Hewicker stated that rather than attach window boxes to this amendment for balcony encroachments that planter boxes be considered as an architectural feature in a subsequent amendment. In response to continents by Commissioner Adams that planter boxes could be considered by the Modifications Committee, Commissioner Gifford and Commissioner Ridgeway stated that a fee would be attached to a modifications application and that it would be a financial burden to an applicant to apply for a modification for a window box. Discussion ensued between staff and the Planning Commission concerning the definition of an upper floor and basement. Mr. Laycock explained that a definition of a basement is that 50 • -21- COMMISSIONERS �'0o c'f.� lydr CITY OF NEWPORT BEACH MINUTES I) ROLL CALL INDEX percent of the floor area has to be below grade. Mr. Laycock stated that the City Council approved the ground floor or lower level for the five foot high fences and walls along the water front and they have to be 40 percent open. Commissioner Pomeroy addressed the proposed amendment stating that ....Patios and raised decks located on the ground floor or lower level.... , and he stated that if it is a patio or raised deck it is not a balcony inasmuch as a balcony extends out and is cantilevered out by description of a balcony. Ayes No * Motion was voted on to approve Amendment No. 785 (Resolution No. 1370). MOTION CARRIED. Absent s : * Amendment No. 810 (Public Hearing). rtes No. A810 . Request to consider an amendment to Title 20 of the Newport Beach Municipal Code, so as to revise the definition of the term "restaurant °. (Res 137 Approved INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item, and there being no one to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to adopt Resolution No. 1371 and Ayes * * * * * recommend that City Council adopt Amendment No. 810. The Absent planning Commission requested staff to also establish definitions for the terms 'bar" and "nightclub" as a follow -up amendment. MOTION CARRIED. s * s • -22- I) COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX ADDITIONAL BUSINESS: Add' l Business wax car wash Chairman Glover stated that she had concerns regarding the car wash on West Coast Highway across from the Balboa Bay Club and the stacks of rags that are being dried adjacent to the highway. She suggested shrubbery between the palm trees that are located adjacent to the sidewalk so as to cover up the work area. Chairman Glover requested that staff prepare a report for the Planning Commission meeting of October 20, 1994, to review the use permit. Planning Director Hewicker informed the Planning Commission that an amendment to the use permit that allowed the car wash will be on the Planning Commission agenda of October 20, 1994, for Commission review. on sent Motion was made and voted on to excuse Chairman Glover and Commissioner Edwards from the October 6, 1994, Planning Commission meeting. MOTION CARRIED. Glover/ Edwards excused ADJOURNMENT: 9:45 p.m. Adjourn TOD RIDGEWAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -23