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HomeMy WebLinkAbout10/19/1995A CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: October 19, 1995 MINUTES ROLL INDEX CALL Commissioner Pomeroy was absent, all other Commissioners present. * ** EX- OFFICIO OFFICERS PRESENT: Robin Clauson, Assistant City Attorney * ** Patricia Temple, Planning Manager Rich Edmonton, Traffic Engineer Ginger Varin, Executive Secretary * ** • Minutes of October 5. 1995: inutes of 10/05/95 Motion . Motion was made and voted on to approve as amended, the October 5, 1995 Planning Commission Minutes. MOTION Absent * CARRIED. Ayes * ** Public Comments: Public omments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: ostinq of enda Ms. Temple stated that the Planning Commission Agenda was posted on Friday, October 13, 1995, in front of City Hall. COMMISSIONERS L 4 10 CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX SUBJECT: Union Oil Item 1 1461 and 1465 Superior Avenue • Use Permit Na 3566 UP 3566 TS 106 • Traffic Study Na 106 • LoWneAdjustmentNa 95-10 LLA 95 -1 • and the acceptance of an environmental EIR document APPLICANT: Philip Dedge Approved Ms. Temple noted that Mr. Delino, the Assistant City Manager was unable to attend tonight's meeting due to an illness in the family. Ms. Temple then noted that this item would allow for construction of a new carwash in the APF District. The site was previously a gasoline ' service station. Two technical studies have been conducted, a Traffic Study and a Noise Impact Analysis. Design recommendations from these studies have been included in the Staff report. The Applicant has agreed to amend the hours of car wash operation to 8:00 a.m. to 6:00 p.m. daily. The gasoline service operation is to be 24 hours. There are two main issues raised in this item, the noise and light generated from a 24 hours. A 24 hours service station may be considered incompatible to adjoining residential land uses of an apartment complex and a senior congregate living facility. Ms. Temple then spoke of employee on -site parking. Comparisons were made by staff to other car wash facilities in the area. She noted that employee parking demand is not high as they tend to carpool or bus to work. Commissioner Adams asked for and received clarification of elevations of the structure and asked for a revised plan showing length and structure effects on the site. Ms. Temple deferred to the applicant for explanation. ' 2 L 4 COMMISSIONERS 9 O \ CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX Commissioner Kranzley asked staff if any study had been done on "stacking" of cars both before and after they are washed in comparisons to other facilities. Ms. Temple answered there were no "stacking" comparisons done and clarified that this was a full service car wash. Commissioner Selich asked staff about the lot line adjustment. He wanted to know if the applicant gave any reason for not aligning the parcels. Ms. Temple stated that the applicant wanted to keep the two parcels separate because of a future intention to add more retail uses if the City's ordinances were to be changed. She deferred more detail information from the applicant. The lot line adjustment is ordinarily done when development occurs on a property. There is a condition which requires that the parcels be held as a single building. Ms. Temple then proceeded to explain the site plan noting elevations, distance and wall extension with roofing. Plan Sheet GA -7 shows a change of parking arrangements verified by the applicant. Public Hearing was Opened. Mr. Scott Peotter, Project Manger, 17510 Von Karmen, Irvine. He noted that the previous Unocal gas station had been demolished over two years ago. He explained the service layout of the older station and compared it with the proposed station noting ingress and egress, acoustic remediation, underground vacuums, equipment housing and maintenance of noise standards of 55 decibels. A "stacking" analysis showed that there were 12 cars before and after loading. A revised site plan indicates the stacking areas for 15 cars after loading and 12 cars before loading. This is a full service car wash and gasoline station. An additional two parking spaces along the north property line and 4 parking spaces by the dry off areas will provide employee parking making a total of 14 spaces. The sides of the parcels will be landscaped. -3- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX Commissioner Ridgeway asked about the extension of the roof line over the tunnel area. W. Peotter stated that the trellis areas in front of the building was used due to the requirements of the acoustical report. The requirement was to go over the width only of the tunnel area rather than extending whole roof area. A conventional roof framing could be incorporated within the trellis configuration if Commission requires. Commissioner Kranzley asked Mr. Peotter if cars are allowed to be left on site or will they be removed? Mr. Peotter stated that the cars will be removed due to the location of the site. If a problem occurs, then signage will be added. Commission noted a potential stacking problem with potential users in the office buildings across the street leaving their cars. Mr. Peotter stated that Unocal would post signage to eliminate/prevent addressing stacking problem from occurring. Mr. Peotter stated that a revised site plan was posted on the wall. These revisions/adjustments were done as a result of concerns raised in the staff report. At the request of Commissioner Selich, the Applicant explained the reasons for a lot line adjustment. There are two existing parcels that comply for zoning as individual parcels. It would be hard to re- establish if they were combined. By establishing an active property line, the building code is used for distances and types of construction rather than imaginary property line which is arbitrarily placed in the middle between the projects. This allows for underground gas tank storage with no use on top to remain separate from the car wash and service area. If the Commission recommends consolidation rather than adjustment that would be acceptable to Unocal. Commissioner Adams referred to conditions of underground tank construction. Is this governed by building code and what measures are -4- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX being taken to insure public safety and concerns of future site remediation? Staff answered that this is subject to other agencies' permits. County Public Health is the primary agency that reviews and governs tank installation and if affected, the Regional Water Quality Control Board would look at these issues. The uniform Fire and Building Codes contain standard requirements. The Building Department does not issue permit(s) until the Applicant receives permits from the County Public Health Department first. Mr. AI Newman, 811 West 15th Street, B -2 - noted that residential build -out has occurred since the demolition of the previous station including apartment complex and a senior congregate facility. He stated that the residents are concerned with the all night operations, holding space of cars so near their spa area, lights, and traffic patterns of ingress and egress, noting that many accidents have occurred at this intersection. Commissioner Ridgeway suggested that Mr. Newman read the staff report that would answer his concerns regarding traffic and noise, etc., particularly pages 7 thru 13. He noted that the Commission would take in consideration his concerns of noise and light. Commissioner Adams asked the date of the demolition of the previous gas station and what other types of uses are in the APF Zone? Staff answered that the date of demolition was August, 1992. Permitted uses in an APF District (administrative, professional and financial commercial district) allows for a broad range of office and retail uses including restaurants, hotels and motels. Clarification was made that the apartment building and senior congregate facility were built when the previous gas station was in operation. Standard Conditions regarding light spillage and glare are included as part of the mitigation measures attached to the negative declaration. -5- COMMISSIONERS < MINUTES CITY OF NEWPORT BEACH October 19, 1995 ROLL CALL INDEX The applicant stated that the existing station was opened 24 hours a day on and off according to market conditions and business promotions. The lighting will be dimmed when the wash facilities are closed, but allow enough light for security; it will be high density discharge metal halite aimed directly down on to the site with sharp cut offs. The applicant then brought forward an old aerial map of the location for site determinations. Traffic concerns were addressed by Mr. Edmonston. He stated that the recommendations in the staff report regarding access have been discussed with the applicant. The proposal is not to have any left turn access onto this site off Superior or Placentia. A double, double yellow line area painted on the street could allow a narrow raised median. This could be an added condition that would be funded by the Applicant. The portion of the median that would be across the frontage of the proposed service station and car wash is presently stripped allowing left turns both north and south. Left turns could be made when the old station was in service. These double yellow lines were painted for traffic safety when the old gas station was closed. Mr. Newman approached the podium and looked at the aerial map and indicated his apartment building and pointed out the various destinations of use by the service station. There is a building between the service station and the apartment complex. Commissioner Adams asked Mr. Edmonston if a Condition closing the access on Placentia could be considered. This would mitigate concerns of the local residents. Pierre Langevin, 403 Bolero Way - spoke up in opposition of this Use Permit. He expressed similar concerns with speeding and the noise of gas truck dropping gas loads any time of the day or night. Commissioner Kranzley asked W. Langevin the hours of operation, as he used to manage the old gas station. He answered, 6 a.m. to 10 p.m. and there was never all night service while he was managing. COMMISSIONERS 9 10�T� � • 2 `Y9�-�h �F� CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX Commissioner Gifford asked if he had observed the exiting patterns onto Placentia turning left. He answered that it had been a frequent occurrence and that most people drove very fast coming into and going out. Debra Des Jardins, 821 West 15th Street, No. 3A - spoke in opposition of this Use Permit. She presented a petition signed by several residents in the complex who are also in opposition. She addressed their concerns of increased noise. She asks the Commission to think about the residents and their property value. Commissioner Adams stated that all of the Commission are aware of the noise and the impact of land uses of surrounding residents. The conditions on this project are such that the applicant is required to provide noise attenuation and reduce noise levels established by City Ordinance. This is an established gas station site that has remained under the ownership of Unocal, anybody purchasing a condominium or taking residence in a retirement type facility next door should have known the established use. It should come as no surprise that the owner wants to rebuild the gas station. They are changing the use by proposing a car wash. This change in Land Use should not significantly impact the residences. Staff stated that supplemental acoustical analysis shall be performed to validate that the operation of the business stays within the parameters of the City's Noise Ordinance which is a maximum of 55 Decibels at each property fine. The applicant is required to submit a lighting plan prepared by a licensed electrical engineer verifying that the proposed lighting plan will not produce direct light spillage and glare onto adjoining properties. This is also validated in the field after construction. Any ongoing noise impacts, if the City receives reports of complaint they will be investigated by the Code Enforcement Division of Planning and Building Department and possibly by the Police Department if complaint occurred at night or on the weekend. Mr. Edmonston then responded to the question of driveway closure on Placentia. He stated that from a public access standpoint, a closure . -7 COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX would have no particular impact, whether or not it would impact the ability of tanker trucks to service the site in any manner, he has no information. There is in increased traffic use in that area due to the City of Costa Mesa putting in diverters in some residential neighborhoods that cut out access to northern Newport Beach. Discussion ensued regarding traffic egress and ingress to the gas station off from both Placentia and Superior Avenues. Mr. Bob Richardson, 19485 Mariposa, Riverside - owner of the structure between the condominium complex and the gas station addressed the Commission. He asked for copies of elevation and plot view of the car wash. He is concerned with the lot being vacant with no development. He is opposed to medians on Placentia Avenue. Mr. Tom Hyans, 217 19th Street - spoke for his mother -in -law who lives at the senior facility. The building is three stories with balconies on the second and third floors. The views from these balconies will be directly down the tunnel of the car wash as it is proposed. He is concerned with the additional noise. He would like inserted into the Conditions that the trees on the southerly property line be mature trees rather than small plantings. The Applicant, W. Peotter addressed the hours of gas drops. They could be restricted between 7:00 a.m. and 10:00 p.m. There are two lighting levels, at the cashier with more intense lighting, and, by the gas canopies. The car wash closing at 6:00 p.m. would require a minimum of lighting in that area. The driveway on Placentia is where their tankers are proposed to come in to do gas drops. The driveway also allows extra stacking for gas pump queuing. Mature trees can be planted, with no protest by Unocal. Gas hours of operation are requested to be 24 hours because of their statewide push for uniformity. If not, they propose, close at midnight and open at 5 a.m. Discussion followed regarding gas deliveries timing, shut off time, conflict with uses on site during day and potential operational problems -8 f' 4 r L COMMISSIONERS s�'G F919�f�ro��� CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX relative to the driveway on Placentia being a danger to the motoring public. Mr. Peotter stated that they are expecting a volume of approximately 9,000 gallons of gas to be sold at night per month with $11,000 to $12,000 /month generated revenue in this credit card facility. This would be facilitated by approximately five deliveries per week. Mature landscaping purposes would be served by 40" box trees with minimum height of 15 feet. Mr. Peotter then was asked to point out the locations of the new gas tanks in relation to the location of the old tanks. It was noted the new tanks are further away from the pool area and closer to Placentia at the same depth. Commissioner Adams asked the applicant to agree to constructing a raised concrete median for the distance of their property on Superior Avenue. Mr. Peotter stated that Unocal would be agreeable. ' Ms. Clauson requested a Covenant be recorded stating that the properties will be held as one as long as the use is there. The applicant stated Unocal would have no problem. Mr. Langevin stated that he is concerned with the gas drops being done at any time. He was assured that if there is a violation of any condition or requirement, a call of complaint to the City or Planning Department would commence a Code Enforcement action to bring the operation into compliance with all Conditions of Approval. Public Hearing was Closed. .on Motion was made to approve Use Permit No. 3566, Traffic Study No. 106, Lot Line Adjustment No. 95 -10 and the acceptance of an environmental document with the following modifications: • Hours of gas delivery are limited to 7:00 a.m. to 8:00 p.m. • Hours of sales of gas limited to 6:00 a.m. to 12:00 a.m. • A concrete median is installed on Superior in a location to be designated by the Traffic Engineer at the cost of the applicant ' -9 COMMISSIONERS Ayes Abse Fl- MINUTES CITY OF NEWPORT BEACH October 19, 1995 ROLL CALL INDEX • Authority is granted to Traffic Engineer to close or limit the ingress and egress on Placentia if appropriate • Mature landscaping along all the borders consist of 40" box trees . with minimum 15 foot height • Signs to be posted • Resubdivision of the two parcels into one, to be consistent with the Municipal Code. Commissioner Selich requested an amendment to the motion requiring a parcel map consolidating the two parcels rather than a Lot Line Adjustment. This amendment was agreed to by all parties and incorporated in the motion. * * * ** MOTION CARRIED. I Absent, 6 Ayes. nt * A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following findings and requiring the • following mitigation measures: Findines: 1. That based upon the informaation contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the -10- 4 COMMISSIONERS \iP 9D Ap CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Mmimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR Mitigation Measures: 1. That the project access along Superior Avenue, closest to Placentia Avenue, shall be eliminated unless otherwise approved by the Public Works Department and the City Traffic Engineer. 2. That the project access along Superior Avenue furthest from Placentia Avenue shall be restricted to "right- intright -out" access only, unless otherwise approved by the City Traffic Engineer, and shall be appropriately signed in accordance with requirements of the City Traffic Engineer. 3. That the project access along Placentia Avenue shall be restricted to "right -in" access only, unless otherwise approved by the City Traffic Engineer. 4. Prior to the issuance of a building permit, the applicant shall provide written certification acceptable to the City s Building Department signed by a licensed Engineer that the area has undergone a soil clean-up process and any gasoline leakage or soil contamination has been cleared. 5. Prior to the issuance of a certificate of use and occupancy, the applicant shall demonstrate to the Building Department and Fire Department that the project is in compliance with the County o Orange Health Department and the City s Fire Department Regulations. 6. The wash tunnels shall be extended approximately 20 feet at the entrance and approximately 16 feet at the exit, as described in Exhibit 3 of the noise analysis showing the recommended extensions. These tunnels are required to reduce noise to levels that comply with the City of Newport Beach Noise Control -11- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX Regulations. The extensions shall have a roof that is at least as wide as the wash tunnel entrance and the inside wall of the tunnel extensions shall be constructed of a rough block face. The roof and wall structures for the extension shall have a surface density of at least 4.0 pounds per square foot. Any masonry material will meet this requirement. Two layers of 3/4 inch plywood will also meet the requirement (although this should be checked with the architect or structural engineer, since plywood densities do vary). The inside surface of the wall of the extension shall be of non - reflective surface. Rough split face block would satisfy this requirement. Acoustic panels and other options are available that would also be non - reflective. 7. That the blower that is to be installed in the project shall meet a requirement of generating a noise level of 83 dBA at a distance of 5 feet (Worldwide blower with the silencer kit or equivalent blower /dryer). 8. That the vacuum accumulators shall be enclosed in a structure that reduces noise by at least 10 dBA. These enclosures are required to reduce noise to levels that comply with the City of Newport Beach Noise Control Regulations. 9. The proposed project will potentially generate noise levels that would exceed the City's maximum noise limits. The only noise source that is loud enough to exceed the maximum noise level limits are car horns. Therefore, the use of car horns by attendants to signal customers that their cars are finished shall be prohibited. 10. That the skylight in the tunnel wash area shall be 1/4 -inch glass or 5/8 -inch Plexiglas. A thin plastic skylight will not suffice to reduce the car wash noise to levels that comply with the City of Newport Beach Noise Control Regulations. 11. That the hours of operation of the car wash shall be limited to between the hours of 8:00 a.m. and 6:00 p.m., daily, and that the -12- 4 4 COMMISSIONERS 9 CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX gasoline dispensing shall be limited to 6:00 a.m. to 12:00 a.m. daily, unless fiuther restricted by the Planning Commission or the City Council in conjunction with the use permit. 12. Prior to issuance of a certificate of Occupancy, a detailed acoustical analysis report shall be prepared describing the noise generation of the project based on the detailed project design, noise attenuation features, and equipment specifications. The report shall demonstrate that the project does not exceed allowable noise levels as described in County of Orange Noise Control Ordinance or the adopted Newport Beach Noise Control Regulations with respect to the residential properties adjacent to the project site, whichever is more restrictive. The report shall be subject to review and approval by the Director of Planning. 13. Prior to the issuance of any building permit the applicant shall demonstrate to the Planning Department that the fighting system is designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, this requirement has been met. B. USE PERMIT NO. 3566 Findings: 1. That the proposed development is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. -13- COMMISSIONERS •�o \'i CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX 3. That public improvements may be required of the developer per Section 20.80.060 of the Newport Beach Municipal Code. 4. That adequate parking exists on -site to serve the gasoline station/car wash facility. 5. That the establishment of the subject business will not have an significant environmental impact. 6. That the approval of Use Permit No. 3566 for the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the development shall be in substantial conformance with the approved plot plan, floor plans and elevations (and in accordance with development standards specified in Chapter 20.70), except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That Lot Line Adjustment No. 95 -10 combining the two parcel into a single parcel or building site, shall be recorded and all conditions of approval shall be fulfilled, prior to issuance of an Building Permits. 4. That the subject car wash facility shall be operated as an integral part of the gasoline station as a single business entity (subject to the provisions of Chapter 20.70 of the Municipal Code), and an change in the status to create two independent operations shall be subject to an amendment to the use permit. -14- CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX 5. That the sale of merchandise from other than vending machines is prohibited, except as specified in Chapter 20.70 of the Municipal Code. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 7. That a minimum of 14 parking spaces shall be provided on site for the proposed facility. 8. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. The Traffic Engineer may require the closure, or limit the ingress or egress on Placentia Avenue, if appropriate. • 9. That the intersection of the private approaches and the public streets (Placentia Avenue and Superior Avenue) be designed to provide sight distance for a speed of 40 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. 10. That the existing deteriorated drive approaches on Superior Avenue be reconstructed and that the deteriorated or displaced sections of sidewalk be reconstructed along the Superior Avenue and the Placentia Avenue frontages. A concrete median shall be installed on Superior Avenue in a location designated by the Traffic Engineer. That all work be completed under an encroachment permit issued by the Public Works Department. 11. That the drainage from the car wash be collected on -site so that it does not track out onto the public right -of -way. 12. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper • -15- COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX 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. There shall be no construction storage or delivery of materials within the Superior Avenue or Placentia Avenue right -of -way unless otherwise approved by the City Traffic Engineer. 13. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 14. That a sewer cleanout be provided at property line in conformance with City Standard 406 -L. 15. That a landscape plan shall be approved by the Planning Director ' and the Public Works Department. Said landscaping shall be installed in accordance with the approved plan and shall be permanently maintained. That the landscaping installed on all property borders be mature, including 40" box trees with a minimum 15 foot height. 16. That the landscaping shall not obstruct the line of sight of vehicles exiting the subject property. That the City Traffic Engineer shall approve the final location of the landscaping prior to issuance of building permits. 17. That all mechanical equipment and trash areas shall be fully screened from view of Superior Avenue, Placentia Avenue, and adjoining properties (including from above). 18. That the outdoor storage of tires and other auto related parts or merchandise shall be prohibited on -site. 19. That the entire site shall be maintained in a clean and orderly manner. -16- COMMISSIONERS r CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX 20. That the wash tunnel area shall also be protected so as to prevent drainage from the parking lot from entering the sewer system. The drain shall be connected to the sewer system and have a grease trap. The design and installation of the above facilities shall be approved by the Utilities Department. 21. That the hours of operation of the car wash shall be limited to between the hours of 8:00 a.m. and 6:00 p.m, daily, and that the gasoline dispensing shall be pemritted from 6:00 am. to 12:00 a.m. That hours of gasoline delivery are limited to 7:00 a.m. to 8:00 p.m., daily. 22. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. J23. That all employees shall park on -site at all times. 24. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 25. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. C. TRAFFIC STUDY NO. 106 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter of the Newport Beach Municipal Code and City Policy L -18 (formerly S -1). • -17- 4 COMMISSIONERS Tti0 90 0�����0 CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX 2. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any'major, "primary- modified,' or primary' street. 3. That the Traffic Study indicates that the project - generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on the four study intersections and that the ICU analysis for all four intersections indicates an acceptable ICU value of less than 0.90. D. LOT LINE ADJUSTMENT NO. 95 -10 Findings: 1. The project site described in the proposal consists of legal parcels. 2. That no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. 5. The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities. 6. That in this particular case, the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. -18- COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX Conditions: 1. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership shall be submitted to the Public Works Department for review. 2. Upon approval of the lot line adjustment, the lot line adjustment shall be submitted to the Public Works Department for checking. 3. The lot line adjustment and grant deeds shall be filed concurrently with the County Recorder and County Assessor's Offices. 4. That all conditions of approval of Use Permit No. 3566 shall be fulfilled. 5. That this approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 of the Newport Beach Municipal Code. srr SUBJECT: Ciao Restaurant (Joseph Morano, Item 2 applicant) 2744 East Coast Idighway • Use PermftNa 3568 UP 3568 APPLICANT: Same Approve< Establishment of a full- service restaurant with on -sale beer and wine and live entertainment. Also included in the request is a waiver of a portion of the required off-street parking. Staff explained that this was a request to convert an existing Use Permit of a fast food restaurant to a traditional restaurant operation. The primary issue i -19- COMMISSIONERS 4 MINUTES CITY OF NEWPORT BEACH October 19, 1995 ROLL CALL INDEX would be the waiver of parking spaces. Due to the change of the type of restaurant on the property, there is a reduction in the number of parking spaces to be waived from the already permitted use. The project will require a waiver of 19 spaces. Public Hearing was Opened. Mr. Jerry King, (J. A. King and Associates) P. 0. Box 7992, Newport Beach 92658 - representing Mr. Joseph Morano, asked that the Commission approve continued use of the restaurant on this location as a full service restaurant. He states that Mr. Morano has read and agrees to all of the findings and conditions in the staff report. Commissioner Ridgeway asked for clarification of the restaurant operations. Mr. King then provided information on hours of operation, types of food ' service, past history and neighborhood following. Commissioner Adams questioned the applicant about the number of employees and where they park. He was answered that at the dinner hour there are five employees, several of them park on site, some walk and one uses bus transportation thus leaving three assigned parking spaces for the patrons. In the evening, virtually all of the spaces are available for the use of the restaurant since most of the other shops are closed. During the day there is a variety of parking usage with assigned parking. Mr. King stated that the other business are open from 9:00 a.m. to 5:00 p.m. and there is one vacancy. Commissioner Adams recognized that there is not a parking problem currently with the restaurant. His concern, however, is that if a subsequent full service restaurant with different characteristics comes in under this permit a parking problem could ensue. If this is the case, the Commission would still have the ability to bring the permit back and address the parking deficiencies. ' -20- COMMISSIONERS • 9L h CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX Staff reported that Condition No. 24 addresses this concern. This condition applies to the existing Use Permit which could still be exercised which waives even more spaces than this Use Permit. Staff is not aware of parking problems or complaints. Commissioner Kranzley asked about the number of tables and location of bar. He was answered by Mr. King who explained the site plan. W. King stated that they have filed and noticed for the ABC for the beer and wine license. This notice has run its course and there have been no responses from the neighborhood to this notification. Commissioner Gifford questioned if there was outdoor space for tables. Mr. King answered no because of Condition No. 16 and the limited space. Commissioner Ridgeway asked for clarification between the passed new ordinances and perhaps to be passed ordinance and how it relates to this Condition No. 16. Ms. Temple explained the references. They do have the right to apply for an Outdoor Seating Permit under the new provisions of the Municipal Code, currently being administered. Commissioner Gifford expressed her concerns about the Noise Ordinance superseding these Conditions. The conditions applied to Use Pennits granted in the past would remain in place and would require an amendment to the Use Pemrit to allow for a change of standard up to the current Noise Ordinance. Guy Mmer, 365 Via Lido Soud - owner of the property on the west side of the "Ciao's". He expressed his concerns with the amount of parking being used and the use of on- street parking. Commissioner Adams explained that what they are approving tonight will not change the status quo. If there is a parking problem in the future, this Commission has the ability to pull the Permit they are approving tonight until the problem is solved. -21- COMMISSIONERS not Aye Abs CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX Public Hearing was Closed. Commissioner Kranzley though he would be supporting the Use Permit felt that on one hand to have passed a more stringent parking requirement for nail salons in Corona del Mar because of a parking concern, it seems inconsistent to waive 19 spaces and have a restaurant that seats 27 plus 5 employees plus musicians and have only 6 parking spaces. ion * Motion was made to approve Use Permit 3568. S * * * * * MOTION CARRIEJD, 6 Ayes, 1 Absent. ent FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with the . 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 is available on -site to accommodate the proposed facility. 6. That the waiver of the development standards as they pertain to walls, parking lot illumination, landscaping, and a portion of the required parking will not be detrimental to adjoining properties. 7. That the approval of Use Permit No. 3368 will not, under the circumstances of this case, be detrimental to the health, safety, . -22- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX 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. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 4. That a sewer later and a cleanout shall be constructed at the property line in accordance with City Standard No. 406 -L, unless otherwise approved by the Public Works Department. 5. That the existing sign and the landscaping at the intersection of the private drive and Goldenrod Avenue shall be modified to provide sight distance in conformance with the City Standard 110 -L, unless otherwise approved by the Public Works Department. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 7. That the development standards pertaining to walls surrounding the property, landscaping, parking lot illumination, and that all the required additional parking spaces (19 spaces) shall be waived. -23 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH October 19, 1995 ROLL CALL INDEX 8. That the hours of operation shall be limited between the hours of 7:00 a.m. and 12:00 midnight daily, and that any increase in hours shall be subject to the approval of an amendment to this use permit. 9. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 10. That prior to the issuance of any Building Permit, a grease control strategy shall be approved by the Building and Public Works Department. 11. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 12. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 13. That the project shall comply with State Disabled Access requirements. 14. That the sidewalk on East Coast Highway shall be kept clean and regularly maintained. Said sidewalk 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. 15. That all mechanical equipment and trash areas shall be screened from East Coast Highway and adjoining properties. 16. That no seating shall be provided in the patio area in front of the facility or in the courtyard area directly to the rear of the facility unless an amendment to this use permit is approved by the Planning Commission. 17. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not -24- COMMISSIONERS F CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 18. That the employees shall park their vehicles on -site at all times. 19. That live entertainment shall not be permitted after 11:00 p.m. on weekdays. 20. That an entertainment permit shall be issued by the Revenue Manager in accordance with Title 5 of the Newport Beach Municipal Code. 21. That the live entertainment shall not be audible beyond the area under control of the licensee. No noise shall be emitted to the outside of the building. 22. That all doors and windows shall be kept closed at all times during the operation of the premises, except in case of emergency. 23. That dancing shall not be permitted unless an amendment to this use permit is first obtained. 24. 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. 25. That this use permit shall expire 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. rrr . -25- COMMISSIONERS 4 L MINUTES CITY OF NEWPORT BEACH October 19, 1995 ROLL CALL INDEX ADDITIONAL BUSINESS: Addition. a.) Report regarding uses approved by Planning Director - Patricia L. Business Temple reported that Outdoor Dining Permit, Application Number 2, "A Secret Affair", was approved on October 11, 1995 by the Planning Department. b.) City Council Follow -up - A verbal report by the Assistant City Manager regarding City Council actions related to planning - none. c.) Verbal report from Planning Commission's representative to the Economic Development Committee - none. d.) Verbal report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - none. ' e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - none. f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and Staff report - none g.) Requests for excused absences - Commissioner Gifford asked to be excused from November 9th meeting. h.) Discussion of Staff report format - none ADJOURNMENT: 10:15 p.m. Adjournm MICHAEL KRANZLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -26- al tent