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HomeMy WebLinkAbout10/20/1994COMMISSIONERS \VW0 °�9:t CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers MINUTES yfo �S\ DATE: 7:30 P.M. October 20 1994 [LOLL CALL INDEX Present * * * Commissioner Gifford was excused. - Absent x s s EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Clauson, Assistant City Attorney t i 4 William R. Laycock, Current Planning Manager Patty Temple, Advance Planning Manager John Douglas, Principal Planner Don Webb, Public Works Director Dee Edwards, Secretary Minutes of October 6. 1994 Minutes of Motion was made and voted on to approve the October 6, 1994, 10/6/94 Motion Planning Commission Minutes. MOTION CARRIED. Ayes * * * Abstain s s s Absent * Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. s s s Posting of the Agenda: Posting - of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, October 14, 1994, in front of City Hall. s COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Q�fnhpr In, 1994 ROLL CALL INDEX Request for Continuance: Request for Mr. Hewicker stated that Jerry King, representative for Item No. Cohtinua� 3, applicant Warren Levy, Use Permit No. 3429, regarding property located at 1200 West Coast Highway, requested that this item be continued to the Planning Commission meeting of November 10, 1994. In response to a question posed by Commissioner Edwards, Mr. King appeared before the Planning Commission. He explained that the reason for the requested continuance is to allow additional time to obtain a signed off -site parking agreement from an adjacent property owner. Motion * Motion was made and voted on to continue Item No. 3 to the Ayes * * Planning Commission meeting of November 10, 1994. MOTION Absent in *' CARRIED. s w s Exception Permit No. 45 (Discussion) Item No. Request to review the installation of a new double - faced, off -site EP 45 information sign for airport parking at MacArthur Court, on property located in the M -1 -A District. Approved LOCATION: Lot 19, Tract No. 5169, located at 4680 MacArthur Boulevard, on the southwesterly comer of MacArthur Boulevard and Campus Drive, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT. Ace Parking, Newport Beach OWNER: The Irvine Company, Newport Beach • -2 ROLL Moti o Ayes Abse L� COMMISSIONERS CITY OF NEWPORT BEACH MINUTES nt * CARRIED. FINDINGS: 1. That the proposed redesign of the sign is more compatible with surrounding land uses than that of the existing sign. 2. That the proposed sign will not have any significant environmental impact. 3. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the proposed dimensions and colors of the sign. 2. That the location of the proposed sign shall reflect the future widening of Campus Drive, and shall be subject to the review and approval of the City Traffic Engineer and -3- 0- Unber 101 1994 CALL I INDEX Commissioner Edwards and James Hewicker, Planning Director, discussed the feasibility of the Planning Director or the Modifications Committee reviewing similar requests in the future as opposed to the Planning Commission. Commissioner Adams and Don Webb, Public Works Director, discussed the affect that the construction of the widening of Campus Drive would have on the placement of the off -site information sign. n M Motion was made and voted on to approve Exception Permit No. * 4 45 subject to the findings and conditions in Exhibit "A ". MOTION ROLL 0 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES CALL INDEX the Public Works Department, prior to the issuance of a building permit. 3. That the applicant shall obtain a building permit for the proposed sign from the Building Department. 4. That the proposed temporary sign shall be removed in conjunction with the development of the subject, vacant property. t x x Use Permit No. 3542 (Public Head") Item No., Request to change the operational characteristics of an existing uP3542 restaurant with on -sale beer and wine, on property located in the RSC -H District, so as to allow the use of valet and tandem parking Approved in conjunction with the existing restaurant use. LOCATION: Lots 24 and 25, Tract No. 1210, located at 800 West Coast Highway, on the northerly side of West Coast Highway, across from Bayshores. ZONE: RSC -H APPLICANT: Dolce Risterante, Newport Beach OWNER: B. Manovi, Newport Beach Commissioner Adams requested a clarification of Condition No. 12, Exhibit "A", recommending that development standards pertaining to walls, a portion of the landscaping, and underground utilities be waived. William Laycock, Current Planning Manager, explained that development standards for restaurants require 6 foot high walls to be constructed along all interior lot lines, and reduced to 3 feet in height adjacent to a street. Staff opined that the adjoining commercial properties would not be affected and the ' -4- COMMISSIONERS 0 Qh\"A'0A4;( k4\\1\4\- Amh� \4\\�onm+M\'04L�� NN\\t\wA\Vw CITY OF NEWPORT BEACH MINUTES Oetober 2 1994 -" ROLL CALL INDEX requirement would not be necessary. The standard requires that at least 10 percent of the total site area shall be devoted to landscaping; however, the existing restaurant site does not meet the 10 percent requirement, but has ample landscaping. The Planning Commission generally waives the undergrounding requirement on existing development. Commissioner Ridgeway requested a clarification of Condition No. 6, Exhibit "A", stating That the primary use of the proposed facility shall be the operation of a restaurant, which shall provide a menu containing an assortment of food normally offered by such restaurant. Food service from the full menu shall be available until one hour prior to closing time of each day of operation The premises shall be furnished with tables and chairs at which food may be comfortably consumed, and with all cutlery, condiments, and linen with which an eating establishment is customarily equipped. James Hewicker, Planning Director, explained that the Police Department requests . this type of a condition so as to be assured that the premises would be operated as a bona -fide restaurant. Commissioner Ridgeway concurred with the second sentence of the condition; however, he recommended that the first sentence be modified to state That the primary use of the proposed facility shall be the operation of a restaurant, and that sentence 3 be deleted on the basis that it is a far - reaching condition. In response to a question posed by Commissioner Adams, Robin Clauson, Assistant City Manager, replied that the proposed, amended definition for the term "restaurant" will not affect the existing restaurants in the City. Commissioner Edwards suggested that Condition No. 6 be amended to state That the primary use of the proposed facility shall be the operation of a restaurant, and shall be famished in accordance with an eating establishment. Food service from the full menu shall be available until one hour prior to closing time of each day of operation Commissioner Ridgeway supported the amended condition. • -5- COMMISSIONERS q�lOf �42 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Pomeroy and Commissioner Edwards discussed the intent to keep full menu in Condition No. 6 so as to comply with the Police Department's concerns that the establishment operate consistently as a restaurant. The public hearing was opened in connection with this item, and in response to questions posed by Commissioner Adams regarding valet parking, Mr. David Axe, applicant, appeared before the Planning Commission. Mr. Axe stated that the parking valets were included in the proposed six employees, and they would not oppose an added condition indicating that complimentary parking would be provided to the restaurant's patrons. In response to a question posed by Chairman Glover, Mr. Axe concurred with the findings and conditions in Exhibit W. There being no others desiring to appear and be heard, the public hearing was closed at this time. (Dion Motion to Use Permit No. 3542 * was made and voted on approve Ayes subject to the findings and conditions in Exhibit 'W, and to amend Absent * Condition No. 6 as previously stated. Commissioner Adams requested that Condition No. 21 be added indicating that complimentary valet parking be provided to the restaurant's patrons. MOTION CARRIED. Findings: 1. That the proposed application is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That adequate parking will be available for the proposed use. 3. That the proposed development will not have any significant environmental impact. • -6- COMMISSIONERS ���o CITY OF NEWPORT BEACH MINUTES ROLL CALL IIIDEX 4. 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. 5. That the waiver of the development standards regarding walls, a portion of the landscaping and underground utilities will not be detrimental due to the existing developed nature of the property. 6. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 7. That the approval of Use Permit No. 3542 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 proposed development shall be in substantial conformance with the approved site plan and floor plan, except as noted below. 2. That the seating within the subject restaurant (including the patio dining) shall be limited to 90 seats. 3. That the applicant shall provide a minimum of one on -site parking space for each 3 seats (30 parking spaces) within the restaurant dining and waiting areas. 4. That the hours of operation for the restaurant facility shall be limited to the hours between 11:00 am. and 12:00 midnight, daily. • -7- COMMISSIONERS AOL �\ CITY OF NEWPORT BEACH MINUTES , ROLL CALL INDEX S. That all signs shall conform to the requirements of Chapter 20.06 of the Municipal Code. 6. That the primary use of the proposed facility shall be the operation of a restaurant, and shall be furnished in accordance with an eating establishment. Food service from the full menu shall be available until one hour prior to closing time of each day of operation. 7. That no live entertainment or dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 8. 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. 9. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 10. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 11. That all mechanical equipment and trash areas shall be screened from surrounding public streets and adjoining properties. 12. That the development standards regarding walls, a portion of the landscaping, and underground utilities shall be waived. 13. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. . -8- COMMISSIONERS o��'O CITY OF NEWPORT BEACH MINUTES ROLL CA LL INDEX 14. That all employees shall park their vehicles on -site. 15. That the lighting in the parking area and restaurant facility shall be shielded in such a manner so as to eliminate light and glare spillage on adjacent uses and West Coast Highway. 16. That the required number of handicapped parking spaces shall be designed within the on -site parking area and shall be solely for handicapped self - parking. One handicapped sign or a post and one handicapped sign on the pavement i shall be required for each handicapped space. 17. That all improvements be constructed as required by Ordinance and the Public Works Department. 18. That the on -site valet parking, vehicular circulation and . pedestrian circulation systems shall be subject to further review and approval by the City Traffic Engineer. The valet parking service shall be utilized during all hours that the restaurant facility is open to the public. 19. 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. 20. 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. 21. That complimentary valet parking shall be provided to patrons of the restaurant t r x • -9- COMMISSIONERS C%T ry np 1kri311V'PnUPr RFAf`F -i MINUTES 0, 3994 ROLL CALL INDEX Use Permit No. 3429 (Amended) (Public Hearing) Item No. Request to amend a previously approved use permit that permitted UP3429 the construction of a hand car wash and detailing facility which also permitted the sale and dispensing of gasoline, on property Cont ' d located in the RSC -H District. Said approval also allowed a to 11/10/94 portion of the proposed building to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District. The proposed amendment involves a request to allow the sale of soft drinks and pre - prepared food items for customers and employees in conjunction with permitted retail sales on the property. The proposed amendment also includes a request to approve an off -site parking agreement for employee and additional overflow parking on the adjoining Marakesh Restaurant property. LOCATION: Parcel No. 1, Parcel Map 282/40, 41 (Resubdivision No. 988), located at 1200 West Coast Highway (car wash site); and Lots 37 and 38, Tract No. 1210, located at 1100 West Coast Highway (off -site parking lot), on the northerly side of West Coast Highway across from the Balboa Bay Club. ZONE: RSC -H APPLICANT: Warren Levy, Newport Beach OWNER: Golden Empire Trading Company, Corona del Mar James Hewicker, Planning Director, stated that the applicant requested that this item be continued to the meeting of November 10, 1994, so as to allow additional time to obtain a signed off -site parking agreement. Motion * Motion was made and voted on to continue Use Permit No. 3429 Ayes * * ' to the November 10, 1994, Planning Commission meeting. Abstain Absent MOTION CARRIED. • -10- V ROLL • MINUTES CITY OF NEWPORT BEACH CALL INDEX sss A. General Plan Amendment 94 -2(B) (Public Hearing) Item No.4 Request to consider an amendment to the General Plan Land Use GPA 94 -2B Element so as to increase the development limit in Fashion Island by 266,000 square feet; and the acceptance of an environmental GP Consis Finding document. A811 INTMTED BY: The City of Newport Beach TS 95 AND Approved B. General Plan Consistency Finding (Discussion) Request for a finding of General Plan Consistency allowing a transfer of 30,000 square feet of Retail and Service Commercial entitlement from Bayview Landing to Fashion Island as provided in the General Plan Land Use Element. AND C. Amendment No. 811 (Public Hearing) Request to amend the Planned Community District Regulations for Fashion Island so as to increase the development limit by 309,550 square feet to allow construction of the 266,000 square feet addressed in GPA 94 -2(B), 30,000 square feet transferred from Bayview Landing, and 13,550 square feet previously transferred from the Pac Bell site. AND D. Traffic Study No. 95 (Public Hearing) Request to approve a traffic study so as to allow an additional 266,000 square feet in the Fashion Island Planned Community not ' -11- CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX previously vested pursuant to the provisions of the Traffic Phasing Ordinance. LOCATION: Tract No. 6015, located within the ring created by Newport Center Drive in Newport Center (Fashion Island). ZONE: P-C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant Commissioner Ridgeway asked if similar projects had been approved without a specific site plan. Patty Temple, Advance Planning Manager, replied that the last renovation project of • Fashion Island requiring entitlement actions of a similar nature were approved without a site plan. In response to questions posed by Commissioner Ridgeway with respect to the original approvals for Fashion Island, James Hewicker, Planning Director, replied that when Fashion Island was built in 1967 that the requested permits were the subdivision maps that divided the property into various parcels for development. He indicated that no site plan review procedure was followed for the shopping center with the exception of use permits to approve theaters, etc. The development is in accordance with the zoning standards that were in existence when the development was requested without the benefit of a site plan. Ms. Temple stated that the Initial Study that is attached to the staff report supports the Negative Declaration. Subsequent to the circulation of the original document, additional information and corrections to the information contained in the document were received by staff and, therefore, a revised Initial Study was prepared. The revised document is attached to the staff report and is currently in circulation. The second review period will close prior to the City Council public hearing. The method of addressing the environmental document is consistent with the California • -12- COMMISSIONERS �V CITY OF NEWPORT BEACH MINUTES October �0, 1994 ROLL CALL INDEX Environmental Quality Act and the City's procedure for implementing CEQA. In response to a question posed by Commissioner Ridgeway, Ms. Temple stated that the Planning Commission determines if the environmental document is adequate to serve as the document for the project. Commissioner Edwards requested a clarification of the transfer of entitlement. Ms. Temple explained that the Land Use Element of the General Plan contains specific density and intensity limits for all commercial and residential properties in the City. Included in the Land Use Element is a provision that allows for the transfer of entitlement between properties if they are owned by one owner or if by different owners.. The findings that need to be made in regard to the transfers are a circulation system capacity finding that, as a result of the transfer, there would be no changes to the level of service, and the circulation system would be adequate as a result of the transfer. The square footage that is to be entitled to Fashion Island is derived from a request to increase the . entitlement in Fashion Island; an approved 13,550 square foot transfer from the Pac Tel site at the corner of Bison Street and Camelback Street; and at the Bayview Landing site 30,000 square feet of retail and service commercial entitlement was authorized for transfer as a result of the Circulation Improvement and Open Space Agreement. The traffic analysis required was completed to ensure that the transfer does not adversely affect the circulation system; however, the finding was not previously made to formally transfer the square footage from the Bayview Landing site to Fashion Island and that action is included in the subject application. In response to a question posed by Commissioner Ridgeway with respect to the public storage that was approved by the Planning Commission at Bison Street and Camelback Street, Ms. Temple explained that the storage project that was approved was a substitute for a 20,000 square foot medical office project originally approved for the site in association with the transfer. After the transfer there was still remaining an entitlement on the Pac -Tel site of 20,000 square feet of medical office, and that development • -13- COMMISSIONERS ct 9lOff��� 0Q0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX was eliminated as a result of the General Plan action for the mini - storage project. The public hearing was opened in connection with this item, and Mr. Tom Redwitz, Vice President of Development Entitlement for The Irvine Company, appeared before the Planning Commission. He commented that the expansion of Fashion Island would generate more sales tax revenue, and it would improve the quality and level of service in the City. Fashion Island currently generates approximately $2.5 million annually through sales tax revenue, and the expansion could generate an additional $750,000 to the City. In summary, he stated that the expansion of Fashion Island would be a win- win -win scenario, the City would receive a much needed additional sales tax revenue, the community would enjoy a higher quality of shopping experience, and Fashion Island would position positively in the Orange County marketplace. He concurred with the findings and conditions in Exhibit "A'. . In response to questions posed by Commissioner Edwards, Mr. Redwitz replied that ' he was not aware of any costs to the City if Fashion Island would be expanded. He stated that the proposed expansion of 266,000 square feet would be equivalent to Robinson's 230,000 square feet. Mr. Richard Leuhrs, President of the Newport Harbor Chamber of Commerce, appeared before the Planning Commission. He addressed the Resolution that the Chamber of Commerce passed on October 19, 1994, expressing their support of the proposed development. He said that it would be an important element to the City's improvement, particularly in the area of revenue enhancement. In response to questions posed by Commissioner Ridgeway, Mr. Redwitz reappeared before the Planning Commission. Mr. Redwitz replied that the expansion has no time schedule. The Irvine Company has begun discussions with the existing major tenants in Fashion Island regarding the feasibility of another major anchor tenant coming to Fashion Island. Commissioner Ridgeway . -14- COMMISSIONERS 1�i7nV etv WiMIlTDnWr WPAC`W MINUTES ! W' AmI W^ \YOI \ Viii V1 1�Y Vi \i YY�aV ROLL CALL INDEX emphasized that he had concerns that establishments similar to Wal -Mart or K -Mart could come to Fashion Island, and they are entities that should not be located in Fashion Island. Discussion ensued between the Planning Commission and staff concerning Commissioner Ridgeway's comment that he had previously considered adding a. condition to Exhibit "A" expressing his concerns regarding the type of tenant that could be located in Fashion Island. Commissioner Ridgeway commented that Fashion Island parking requirements would not meet the discounters parking requirements. There being no others desiring to appear and be heard, the public hearing was closed at this. time. Motion * Motion was made to approve General Plan Amendment 94 -2(B) Res. 1372 [Resolution No. 13721, General Plan Consistency Finding [Resolution No. 1373], Amendment No. 811 [Resolution No. 13741, Res. 1373 . and Traffic Study No. 95 subject to the findings and conditions in Exhibit "A ". In reference to Commissioner Ridgeway's previous Res. 1374 comments, Commissioner DiSano stated that it is not proper to manacle the current property owner based on the appropriateness with which they have dealt with their property, and the expansion would be a benefit to the City. Commissioner Ridgeway supported the motion. He said that the expansion of Fashion Island would be beneficial to the City. Commissioner Pomeroy supported the motion. He addressed The Irvine Company's quality of development, and he indicated that it was inconceivable that they would not continue to develop in that same manner. Ayes * * * * * Motion was voted on, MOTION CARRIED. Absent -15- CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX P� ENVIRONMENTAL DOCUMENT Finding: 1. That based upon the information 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. The Negative Declaration reflects the independent judgment of the Planning Commission and was reviewed and considered prior to recommending approval of the project. . i Mitigation Measures: 1. Prior to issuance of any grading or building permit, the applicant shall demonstrate to the Planning Department and Building Department that construction operations shall utilize methods to reduce pollutant emissions to the greatest extent feasible. Such methods may include, but may not be limited to, the following: a) Use of low- emission construction equipment b) Rideshare program and incentives for construction employees c) Suspend grading operations during first and second stage smog alerts d) Maintain construction equipment with properly tuned engines • -16- .0h. ��91- �f'�O� CITY OF NEWPORT BEACH MINUTES October 0 1994 7 R LL CALL INDEX e) Use of low - sulfur fuel for stationary construction equipment f) Use of on -site power instead of portable generators g) Coordinate construction operations to minimize traffic interference 2. Prior to issuance of any building permit the applicant shall demonstrate to the Planning Department and Building Department that all feasible methods of reducing vehicular travel and air emissions have been incorporated into the design and operation of the project. Examples of such methods may include, but may not be limited to, the following: a) Provision of safe bicycle circulation routes, . secure bicycle storage and shower facilities for employees b) Incorporation of energy - efficient design that complies with or exceeds Title 24 requirements c) Provide priority parking and charging ports for electric vehicles d) Provision of rideshare and transit incentives for employees 3. Prior to issuance of a grading or building permit the applicant shall demonstrate to the Planning and Building departments that all appropriate structural and non- structural best management practices will be incorporated into the project as required by the National Pollutant Discharge Elimination System (NPDES) Drainage Area Management Plan. • -17- COMMISSIONERS 111\100-�Ot- CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 4. Prior to the issuance of any building permit the applicant shall demonstrate to the Building Department that the lighting system shall be 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 Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that; in his or her opinion, this requirement has been satisfied. 5. Prior to issuance of a building permit for any expansion, a General Plan amendment and Planned Community amendment shall be approved to increase the development entitlement in Fashion Island to be consistent with the building permit application. 6. Prior to issuance of a grading or building permit the . applicant shall obtain confirmation from the City Traffic Engineer that the planned improvements to MacArthur Boulevard assumed in the TPO study will be installed prior to project occupancy. 7. a. Prior to issuance of a grading or building permit for the expansion, a parking plan acceptable to the City Traffic Engineer and the Police Department shall be submitted by the applicant. The plan shall address the number and size of required spaces, parking lot re- striping, signage (both vehicular and pedestrian), traffic control, and parking area security (e.g., lighting) so as to minimize illegal parking, congestion and idling during seasonal peak periods. b. Prior to issuance of a certificate of occupancy for the expansion, the parking control plan shall be implemented and approved by the City Traffic Engineer. . -18- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES QGtober 1994 ROLL CALL INDEX 8. Prior to issuance of a grading or building permit the City Engineer shall verify that adequate capacity exists in the storm drain system to serve the development. 9. Prior to issuance of a grading permit, the applicant shall demonstrate to the Planning Department that the project will comply with Council Policies K -5 and K -6 regarding archaeological and paleontological resource investigation, surveillance and recovery. B. General Plan Amendment 94 -2(B) Adopt Resolution No. 1372, recommending adoption of General Plan Amendment 94 -2(B) by the City Council. C General Plan Consistency Findine . Adopt Resolution No. 1373, recommending approval of a General Plan Consistency Finding by the City Council. D Amendment No. 811 Adopt Resolution No. 1374, recommending approval of Amendment No. 811 by the City Council. E. Traffic Study No. 95 Fin in 1. That a Traffic Study has been prepared which analyzes the impact of the proposed projection on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy Lr18. 2. That the traffic study indicates that there will be an adverse impact on two intersections on MacArthur Boulevard, at • -19- COMMISSIONERS 4 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX San Joaquin Hills Road and San Miguel, which will make worse an unsatisfactory level of service. 3. That a planned and programmed improvement to MacArthur Boulevard adding a third through lane in each direction at both intersections will improve the level of service to an acceptable level- 4. That The Irvine Company has participated in the funding for the improvements through financial and other means. ssa Amendment No. 812 (Public Hearing) item No. Request to amend Title 20 of the Newport Beach Municipal Code A812 so as to define the terms 'bar" and "theater /nightclub." Approved INITIATED BY: The City of Newport Beach Commissioner Ridgeway referred to the proposed Ordinance, stating that ..the term 'bar' shall mean a place of business with the principle purpose to sell or serve alcoholic beverages for consumption on the premises and may include live entertainment and/or dancing as accessory uses to the primary sale and service of alcoholic beverages, provided further that such live entertainment and /or dancing shall occupy less than twenty percent (20 01o) of the 'het public area ". and he asked if there are any establishments in the City that currently occupy more than 20 percent of the "net public area ". Robin Clauson, Assistant City Attorney, replied that the City Attorney's Office conducted a survey of the existing restaurants in the City that have entertainment, and the majority of the restaurants have less than 20 percent. She said that the only restaurants that exceed the 20 percent limit are Bacchus and Lucy's BBG; however, they would not be affected by the proposed Ordinance and would be considered legal nonconforming establishments. -20- COMMISSIONERS �, CITY OF NEWPORT BEACH MINUTES '5 '10, 1994 ROLL CALL INDEX The public hearing was opened in connection with this item. There being no one to appear and be heard, the public hearing was closed at this time. Motion Ayes Absent * * * . * * Motion was made and voted on to recommend Amendment No. 812 (Resolution No. 1375) to the City Council. MOTION CARRIED• Res. 13; t t t ADJOURNMENT: 8:32 p.m. Adjourn t ! t TOD RIDGEWAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -21- '5