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HomeMy WebLinkAbout11/19/1987COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers y �m TIME: 7:30 p.m. t6 BG A� OOr 10 DATE: November 19, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX Present x x x x x x - Motion x Motion was made and voted on to excuse Commissioner Ayes x x x x x x Debay from the subject meeting. MOTION CARRIED. Absent x k k k EX- OFFICIO OFFICERS PRESENT: James D. Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary k k x Minutes of November 5, 1987: Minutes of 11 -5 -87 Commissioner Di Sano requested that .a portion of a Son sentence be deleted in paragraph 4, page 29, of the x subject Minutes. Motion was made and voted on to Ayes x x x x x x approve the revised November 5, 1987, Planning Absent x Commission Minutes. MOTION CARRIED. * k k Public Comments: Public Comments No persons came forth to speak on non - agenda items. k k x Request for Continuances: Request for James Hewicker, Planning Director, stated that the.. Continuan applicants, Joseph and Flora Hills, have requested that Item No. 2, Site Plan Review No. 43, regarding alterations and additions to an existing commercial building located at 3519 East Coast Highway,..be continued to the December 10, 1987, Planning Commission Meeting; and that the applicant, California Squeeze, has requested that Item No. 8, Use Permit No. 3301, regarding the establishment of a take -out restaurant located at 3014 West Balboa Boulevard, be continued to • the January 7, 1988, Planning Commission Meeting. COMMISSIONERS �0 ymG c^ 9NO99i �9y � CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX Motion x Motion was made and voted on to continue Item No. 2, Ayes x x K K K K Site Plan Review No. 43, to the December 10, 1987, Absent x Planning Commission meeting and Item No. 8, Use Permit No. 3301, to the January 7, 1988, Planning Commission meeting. MOTION CARRIED. x Resubdivision No. 858 (Public Hearing) Item No.l 8858 — Request to resubdivide an existing lot into a single parcel of land for two unit residential condominium purposes on property located in the R -2 District. Approved LOCATION: Lot 18, Block 332, Corona del Mar, located at 416 Dahlia Avenue, on the - southeasterly side of Dahlia Avenue,, between Bayside Drive and First Avenue, in Corona del Mar. ZONE: R -2 • APPLICANT: Marilyn K. Sutton, Corona del Mar OWNER: Same as applicant The public hearing was opened in connection with this item, but the applicant or her representative did not come forth to speak. Mr. Sid Soffer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. Mr. Soffer pointed out a typographical error contained in the staff report, page 2, third paragraph, that stated "approve of disapprove" instead of "approve or disapprove ". He referred to Condition No. 1, and he questioned the difference between a parcel map being recorded prior to occupancy of the dwelling units, and a parcel map being recorded prior to a building permit. James Hewicker, Planning Director, explained that a building permit may be issued for a duplex, but to establish a two unit residential condominium, a parcel map is required prior to occupancy. There being no others desiring to appear.and be heard, the public hearing was closed at this time. x Motion was made to approve Resubdivision No. 858 Ayes x x x x x x subject to the findings and conditions in Exhibit "A " -. Absent 31 Motion voted on, MOTION CARRIED. -2- COMMISSIONERS �Gyy ~�oy9CC $ c vy . CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents. no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be recorded prior to the occupancy of the dwelling units. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. • 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That all vehicular access to the property be from the adjacent alley. 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 improvements. 7. That deteriorated portion of sidewalk be reconstructed along the Dahlia Avenue frontage under an encroachment permit issued by the Public Works Department. 8. That this resubdivision .shall expire if the map. • has not been recorded within 3 years of the date of approval unless an extension is granted by the Planning Commission. x x -3- COMMISSIONERS '0m `ice �mmym�i 4i� qy CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX Site Plan Review No. 43 (Public Hearing) Item No.2 Request to permit alterations and additions to an SPR No.43 existing commercial building on property located in the Corona del Mar Specific Plan Area where a Specific Plan Continued has not been adopted. The proposal also includes a re- to quest to satisfy a portion of the required off - street 12 -10 -87 parking spaces through the annual purchase of in -lieu parking permits from the City and the approval of .a modification to the Zoning Code so as to allow the use of tandem parking spaces in conjunction with a full time valet service. LOCATION: Lot 2, Block Z, Tract No. 323, located at 3519 East Coast Highway, on the southwesterly side of East Coast High- way, between Narcissus Avenue and Orchid _ Avenue, in Corona del Mar. - - ZONE: C -1 • APPLICANTS: Joseph and Flora Hills, Costa Mesa OWNER: Same as applicants James Hewicker, Planning Director, stated that the applicants have requested that this item be continued to the December 10, 1987, Planning Commission meeting. Motion x Motion was made and voted on to continue Site Plan Ayes x x x x x x Review No. 43 to the December 10, 1987, Planning Absent x Commission meeting. MOTION CARRIED. x Use Permit No. 1421 .(Amended) (Public Hearing) Item No.3 Request to amend previously approved use permits which UP1421A allowed the installation of temporary structures for two mobile Magnetic Resonance Imaging Units at the Hoag Approved Memorial Hospital located in the A -P -H District. The proposed amendment involves a request to retain the site for various mobile modular diagnostic facilities that may be temporarily located at the hospital facil- ity. LOCATION: Parcel No. 1 of Record of Survey 15 -30, - • located at 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. -4- COMMISSIONERS yA l� 00-'10 dG �N 9y'DO v �, f l y o in x 2 CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX ZONE: - A -P -H APPLICANT: Hoag Memorial Hospital Presbyterian, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. F. W. Evins, appeared before the Planning Commission on behalf of the applicant. He stated that the applicant concurs with the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Winburn, Mr. Evins conveyed the contents of the two mobile units which will contain various diagnostic facilities. Mrs. Rosemary Steinbrecher, 100 Scholz Plaza, No. 112, appeared before the Planning Commission. Mrs. Steinbrecher stated that she has concerns regarding the mobile units because her condominium is adjacent to the subject site. She explained that the air conditioning systems operate 24 hours a day inside the trailers, and that the noise from the air conditioning units. interfere with their sleep. She commented that she has a further concern that the "rays" from the mobile units may be detrimental to her health. In response to a question posed by Commissioner Koppelman, Mrs. Steinbrecher replied that her residence is between 50 feet to 75 feet from the mobile units. Mr. Hewicker advised that staff has previously suggested a condition on permanent installations regarding sound attenuation, and because the applicant has requested that the mobile units be extended for an additional three years, he recommended that a condition could be added which would state "that the air. conditioning units be sound attenuated to a level not to exceed 55 dBA at the property line adjacent to the Versailles residential condominium development." There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 1421 (Amended) subject to the findings and conditions in • Exhibit "A ", including the addition of Condition No. 9 which would state "that the air conditioning units on -5- COMMISSIONERS y�49t� 90�9��9 p 40 y o� y `\y . CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX the mobile modular diagnostic facilities shall be sound attenuated so as to not exceed 55 dBA at the property line adjacent to the Versailles residential condominium development westerly of the site. A letter from a licensed engineer practicing in acoustics, indicating that the sound does not exceed allowable sound levels, shall be submitted to the Planning Department each time a different mobile unit is utilized on the subject property." Commissioner Pomeroy expressed his concern regarding the request for an extension to the use permit of the temporary facilities. Commissioner Winburn responded to Commissioner Pomeroy's concern and the necessity for the temporary equipment until another site is provided when the cancer center is constructed. Chairman Person referred to Condition No. 3 regarding landscaping, and Mr. Hewicker commented that the current landscaping plan was approved by the Planning Department; that the landscaping must be portable; and that the applicants have provided substantial landscaping for the site. Motion was voted on to approve Use Permit No. 1421 (Amended) subject to the findings and conditions in Ayes x x x x x x Exhibit "A" including aforementioned added Condition Absent No. 9. MOTION CARRIED. 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 adequate parking has been demonstrated to exist on the site. 3. That the project will not have any significant environmental impact. 4. That approval of this amendment to Use Permit No. 1421 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 or improve- ments in the neighborhood or the general welfare of the City. -y- COMMISSIONERS AG9� �o�9i F92 �' CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX CONDITIONS 1. That development shall be in substantial confor- mance with the approved plot plan. 2. That all previous applicable conditions of ap- proval of Use Permit No. 1421 (Amended) shall remain in effect. 3. That adequate landscaping shall be installed to screen the temporary facilities from Hospital Road. The use of potted trees shall be accept- able. 4. That the mobile /modular facilities shall maintain a minimum setback of 5 feet from the Hospital Road sidewalk. 5. That the mobile facilities shall be removed within three years of the date on which this use permit becomes effective, unless an extension of time is • approved by the Modifications Committee. 6. That the site shall be returned to its original condition at the end of the approved period of use. 7. 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. S. That this amendment to Use Permit No. 1421 shall .. expire unless exercised within 24 months from the date of approval as specified in section 20.80.090 A of the Newport Beach Municipal Code. 9. That the air conditioning units on the mobile modular diagnostic facilities shall be sound attenuated so as to not to exceed 55 dBA at the property line adjacent to the Versailles residential condominium development westerly of the site. A letter from a licensed engineer • practicing in acoustics, indicating that the sound -7- COMMISSIONERS N srzoo MINUTES November 19, 1987 CITY OF NEWPORT BEACH ROL CALL INDEX does not exceed allowable sound levels, shall be submitted to the Planning Department each time a different mobile unit is utilized on the subject property. f Use Permit No. 1579 (Amended) (Public Hearing) Item No.4 Request to amend a previously approved use permit which UP1579(A) permitted the establishment of an automobile sales and service facility on property located in the Newport Approved Place Planned Community. The proposed amendment involves a request to permit the construction of new sales offices and a covered automobile storage area at the existing Jim Slemons Imports automobile sales and service facility. LOCATION: Lot 4, Tract No. 7694 and Parcel No. 2, - Parcel Map 87 -50 (Resubdivision No. 531), located at 1001 Quail Street, on the southwesterly corner.of Quail Street and Dove Street, in the Newport Place Planned Community. ZONE: P -C -. APPLICANT: Jim Slemons Imports, Newport Beach OWNER: Same as applicant William Laycock, Current Planning Manager, requested that Condition No. 11 be amended to state "That no windshield signs shall be permitted; however, this condition shall not prohibit the display of information required by State laws." Mr. Laycock explained that there is a State requirement that a special document be displayed on the windshields. The public hearing was opened in connection with this item, and Mr. Charles H. Rivkin, appeared before the Planning Commission on behalf of the applicant. Mr. Rivkin stated that the applicant concurs with the findings and conditions contained in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. x Motion was made to approve Use Permit No. 1579 Ayyss x x x x x.x (Amended) subject to the findings and conditions in Absent Exhibit "A ", including aforementioned amended Condition No. 11. Motion voted on, MOTION CARRIED. -8- COMMISSIONERS mG �o�9i S*t I CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX FINDINGS: 1. That the proposed development is consistent with the General Plan and is compatible with existing and proposed land uses in the surrounding area. 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 the approval of this amendment to Use Permit No. 1579 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of the persons residing and working in the neighborhood or be detrimental or injurious to property and improve- ments in the neighborhood or the . general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan and elevation except as noted below. 2. That all applicable conditions of approval of Use Permit No. 1579 as approved by the Planning Commission on February 3, 1972 and as amended December 15, 1977, shall remain in effect. 3. That all employees shall park their vehicles on -site. 4. That all improvements be constructed as required. by Ordinance and the Public Works Department. 5. 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. 6. That an access ramp be constructed per City • Standard 181 -L at the intersection of Quail Street and Dove Street and that the displaced portions of sidewalk at the corner of Dove Street at Quail -9- COMMISSIONERS MINUTES y �L��� � November 19, 1967 �9g9 � 9y CITY OF NEWPORT BEACH ROI CALL INDEX Street and at the southerly side of the drive apron on Dove Street be reconstructed. 7. That vehicles shall be cleaned only by means of a mister unless a covered wash rack is installed which wash rack directs all water into a sanitary sewer drain equipped with a grease trap and which meets the requirements of the Public Works, Building, and Planning Departments. S. That any washing of automobiles shall be ancillary to the sales and service operation and that only those vehicles owned by the subject dealership or which are otherwise on -site for servicing at the facility shall be washed on -site. 9. That all trash areas and mechanical equipment shall be screened from view from Dove Street, Quail Street, and adjoining properties. 10. That no vehicles shall be displayed with open . hoods, doors, trunks, or tailgates. 11. That no windshield signs shall be permitted; however, this condition shall not prohibit the display of information required by State laws. 12. That no vehicles shall be displayed in required landscape areas adjacent to Dove Street and Quail Street. 13. That the required number of handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handi- capped,at all times. One handicapped sign on a post shall be required for each handicapped. parking space. 14. That on -site lighting shall be designed so that light sources are not visible from Dove Street, Quail Street or from adjacent properties. 15. That the location of all on -site signs shall be reviewed by the City Traffic Engineer and shall comply with City Standard 110 -L. 16. That on -site circulation shall be subject to further review and approval of the City Traffic Engineer. -10- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX 17. That the Planning Commission may add to or modify conditions of approval of 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. 18. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No. 1631 (Amended) (Public Hearing) Item No.5 Request to amend a previously approved use permit which UP1631(A) permitted the establishment of the Jim Slemons Mercedes Benz automobile sales and service facility on property Approved • located in the Newport Place Planned Community. The proposed amendment involves a request to make the following alterations and additions to the facility: a request to remodel an existing customer service lounge and retail parts area; remodel an existing carport into nine new service technician offices and a storeroom; construct a new building which will contain two service; bays, a new employees' bath and locker room, a handi- capped bathroom and three new offices; convert' the existing employee bath and locker room into an office and mechanics' paint room; and construct a new space frame canopy between the sales and display building and the service building. A modification to the Zoning' Code is also requested so as to permit portions of a remodeled building and the space frame canopy to encroach 20 feet into a required 30 foot setback adjacent to Spruce Avenue. LOCATION: Parcel No. 1 of Parcel Map 49 -18 - (Resubdivision No. 364), located at 1301 Quail Street, on the southeasterly corner of Quail Street and Spruce Avenue, in the Newport Place Planned Community. . ZONE: P -C -11- COMMISSIONERS MINUTES °�•O�n November 19, 1987 dh CITY OF NEWPORT BEACH ROL CALL INDEX APPLICANT: Jim Slemons Imports, Newport Beach - OWNER: Same as applicant - William Laycock, Current Planning Manager, referred to Condition No. 11, and requested that said condition be amended to state "that no windshield signs shall be permitted; however, this condition shall not prohibit the display of information required by State laws." The public hearing was opened in connection with this item, and Mr. Charles H. Rivkin, appeared before the Planning Commission on behalf of the applicant. Mr. Rivkin stated that the applicant concurs with the findings and conditions contained in Exhibit "A ". Mr. Sid Soffer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. Mr. Soffer referred to a typographical error contained in Finding No. 4, "..under not the circumstances.. ". He referred to Condition No. 7 which states that a grease trap shall • meet the requirements of the Public Works, Building, and Planning Departments. He commented that the grease trap must meet the Building Code requirement, but he asked what City Code would pertain to grease traps within the Public Works Department and the Planning Department? There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 1631 (Amended) subject to the findings and conditions Ayes x x x x x x Absent 2 contained in Exhibit "A ", including aforementioned corrected Finding No. 4, and amended Condition No. 11. Motion was voted on, MOTION CARRIED. - FINDINGS: - - 1. That the proposed development is consistent with the General Plan and is compatible with existing and proposed land uses in the surrounding area. 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. -12- COMMISSIONERS m X ogy`C � o'9x 9I CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX 4. That the 20 foot encroachment into the required setback adjacent to Spruce Avenue is consistent with existing on -site development previously approved by the Planning Commission and further, the approval of the requested encroachments will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 5. That the approval of this amendment to Use Permit No. 1631 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of the persons residing and working in the neighborhood or be, detrimental or injurious to property and improve- • ments in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations except as noted below. 2. That all applicable conditions of approval of Use Permit No. 1631 as approved by the Planning Commission on September 22, 1972, shall remain in effect. 3. That all employees shall park their vehicles on -site. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. 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. 6. That an access ramp be constructed per City Standard 181 -L at the intersection of Spruce Avenue and Quail Street under an encroachment permit issued by the Public Works Department. -13- COMMISSIONERS MINUTES �L��oaN�m November 19, 1987 CITY OF NEWPORT BEACH ROi CALL INDEX 7. That vehicles shall be cleaned only by means of a mister unless a covered wash rack is installed which directs all water into a sanitary sewer drain equipped with a grease trap and which meets the requirements of the Public Works, Building, and Planning Departments. 8. That any washing of automobiles shall be ancillary to the sales and service operation and that only those vehicles owned by the subject dealership or which are otherwise on -site for servicing at the facility shall be washed on -site. 9. That all trash areas and mechanical equipment shall be screened from view from Spruce Avenue, Bristol Street, Quail Street, and adjoining properties. 10. That no vehicles shall be displayed with open hoods, doors, trunks, or tailgates. . 11. That no windshield signs shall be permitted; however, this condition shall not prohibit the display of information required by State laws. 12. That no vehicles shall be displayed in required landscape areas adjacent to Spruce Avenue and Quail Street. 13. That the required number of handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handi- capped at all times. One handicapped sign on a post shall be required for each handicapped parking space. 14. That on -site lighting shall be designed so that light sources are not visible from Bristol Street, Spruce Avenue, Quail Street or from adjacent prop- erties. 15. That a 10 foot landscape strip shall be maintained adjacent to Spruce Avenue except at the approved driveways as required by the Newport Place Planned • Community Development Standards. -14- COMMISSIONERS .0 � 1 9oc+ y oL 0 An CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX 16. That the Planning Commission may add to or modify conditions of approval of 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. 17. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. A. General Plan Amendment No. 87 -2 (B) (Public Hearing) Item No.6 Request to consider an amendment to the Land Use GPA 87 -2B Element of the Newport Beach General Plan so as to (81167) increase the total allowable development by 2,000 A654 • square feet on property located in Area 1 of the North (R1168) Ford -San Diego Creek Planned Community; and the accep- Approved tance on an environmental document. AND B. Amendment No. 654 (Public Hearing) Request to amend the Planned Community Text for Area 1 of the North Ford -San Diego Creek Planned Community so as to allow an additional 2,000 square feet of develop- ment. LOCATION: Parcel No. 1 of Parcel Map 41 -27 - (Resubdivision No. 328), located at 2800 Jamboree Road, on the southeasterly . side of Jamboree Road, between Bison. _ Road and Camelback Street, in the North Ford -San Diego Creek Planned Community. ZONE: P -C APPLICANT: Toyota Motor Sales USA, Inc., Torrance OWNER: Same as applicant - • The public hearing was opened in.connection with this item, and Mr. Jim Cook appeared before the Planning -15- COMMISSIONERS o� CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX Commission on behalf of the applicant. Mr. Cook stated that the applicant concurs with staff's recommendations. Commissioner Merrill and Mr. Cook discussed the landscape conditions on the subject site along Jamboree Road. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to adopt Resolution No. 1167, Ayes x x K K X K recommending to the City Council adoption of General Absent Plan Amendment 87 -2(B), acceptance of an environmental x document, and to adopt Resolution No. 1168, recommending to the City Council adoption of Amendment No. 654. Motion voted on, MOTION CARRIED. x . A. Traffic Study (Continued Public Hearing) Item No.7 Request to approve a traffic study in conjunction with TS the construction of a drive -in and take -out restaurant UP3278 facility with indoor and outdoor seating areas; the R849 acceptance of an environmental document. Approved AND B. Use Permit No. 3278 (Continued Public Hearing) Request to permit the construction of a Taco Bell drive -in and take -out restaurant facility with indoor and outdoor seating areas; and a request to waive a portion of the required off - street parking spaces; a modification to the Koll Center Newport Planned Comm- unity Development Standards so as to allow 5 wall identification signs where said standards permit only 2 such signs; and to allow the use of compact parking spaces for a portion of the required off - street park - ing. AND C. Resubdivision No. 849 (Continued Public Hearing) Request to create one parcel of land for restaurant . purposes and one parcel of land for off - street parking purposes where one parcel of land now exists. -16- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX LOCATION: Parcel No. 7 of Parcel Map 82 -713 - (Resubdivision No. 731), located at 4101 Jamboree Road, on the northwesterly side of Jamboree Road, northeasterly of MacArthur Boulevard in Koll Center Newport. ZONE: P -C APPLICANTS: Aetna Life Insurance Company, c/o The Koll Company, Newport Beach; and Taco Bell Corporation, Santa Ana OWNER: Aetna Life Insurance Company, c/o The Koll Company, Newport Beach ENGINEER: Robert Bein, William Frost & Associates, Irvine The public hearing was opened in connection with this item, and Mr. Mike Lewis, Vice. President - -of_- • Development for The Koll Company, appeared before the Planning Commission. Mr. Lewis referred to Condition No. 19 regarding the installation of a trash compactor. He stated that there is daily trash service on -site with the exception of Sundays. Chairman Person explained that it is a standard condition that. is frequently applied to restaurants. Commissioner Koppelman expressed her concerns regarding the parking in the area. She compared the subject take -out restaurant with other take -out restaurants within the airport area, and she pointed out the inadequate parking conditions surrounding McDonald's Restaurant and the surrounding businesses located in the City of Irvine. Mr. Lewis explained that the available parking spaces will accommodate, the take -out restaurant and the adjacent office development. He stated that in the parking lots used by the office. personnel there is approximately a 20 percent vacancy rate during the lunch hour, and that after business hours there would be a large vacancy rate. In response to questions posed by Commissioner Merrill, Mr. Lewis explained that the number of surplus parking spaces for the adjoining office development discussed in the staff report are in accordance with the City's parking requirements, but that there will be parking spaces available to restaurant customers in the perimeter of the office parking lot outside of the gates to the office parking structure. -17- COMMISSIONERS y�G� 9�0�9��90� - y o y < <$9y CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROLL CALL INDEX In response to a question posed by Chairman Person; Mr. Lewis replied that the applicants concur 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. Commissioners Pomeroy and Koppelman indicated their interest in the projections of the usage of the restaurant. Motion Ayes x Motion was made and voted on to reopen the public Noes x x x hearing.- MOTION CARRIED. Absent x In response to the concerns of Commissioners Pomeroy and Koppelman, Mr. Steve Olson, Region Construction Manager of Taco Bell appeared before the Planning Commission, and he addressed the number of vehicles that the applicants anticipate on -site. He explained that the subject Taco Bell take -out restaurant had been designed to accommodate approximately 20 to 25 percent more seats than the typical Taco Bell take -out restaurant, but that a larger parking area would be provided, consisting of 62 parking spaces, and 10 parking spaces in the stacking lane for a total of 72 parking spaces. The public hearing was closed at this time. Motion was made to approve the Traffic Study, Use Permit No. 3278, and Resubdivision No. 849 subject to the findings and conditions in Exhibit "A ". Commissioner Koppelman asked if the requested waive of 13 off-street parking spaces would be deleted, how much square footage in the building would need to be reduced? Mr. Hewicker replied that a reduction of 650 square feet of gross floor area would be required. Commissioner Koppelman stated that she would not support the motion based upon what she has seen with other take -out restaurants within the airport area. She reasoned that there is an inadequate number of parking spaces being provided for the restaurant use. Ayes x x x x Motion was voted on to approve Traffic Study, Use Permit No. 3278, and Resubdivision No. 849 subject to x the findings and conditions in Exhibit "A ". MOTION CARRIED. _ -18- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX A. ENVIRONMENTAL DOCUMENT: 1. Approve the Negative Declaration and supportive materials thereto; and 2. Make the findings listed below: Findings: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the - State EIR Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. 4. That the mitigation measures identified in the Initial Study have been incorporated into the proposed project and are expressed as Conditions of Approval. 5. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto that if the mitigation measures are incorporated into the project it will not have a significant adverse impact on the environment. The findings made in regard to the Environmental Document described above also apply to the action taken on the Traffic Study, Use Permit No. 3278 and Resubdivision No. 849. B. TRAFFIC STUDY: - - Findings: 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 15.40 of the Newport Beach • Municipal Code and City Policy S -1. -19- COMMISSIONERS �%'F 9N�y - 9y CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL 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 not be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of any of the critical intersections. C. USE PERMIT NO. 3278: Findings: 1. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. That the waiver of the take -out restaurant • development standards as they relate to perimeter fencing and a portion of the required parking will be of no further detriment to adjacent properties inasmuch as the proposed drive -in and take -out . restaurant is part of a larger integrated development which is not conducive to such standards, but is designed in a way that meets the purpose and intent of such design standards; and adequate parking is being provided on -site inasmuch as many customers will walk to the site from the surrounding offices. 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. Adequate provision for traffic circulation will be made for the drive -in and take -out restaurant facility. 5. That the use of two wall signs, one monument sign and one free standing menu sign, as well as the use of two compact parking spaces 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 -20- COMMISSIONERS d 99'Oa9 CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX property or improvements in the neighborhood or the general welfare of the City, and further that the proposed modifications are consistent with the legislative intent of Title 20 of the Municipal Code. 6. The approval of Use Permit No. 3278 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as noted below. 2. That the parking lot shall be lighted in such a • manner as to prove adequate illumination to all areas of the lot without causing any light or glare to impact adjacent properties. Said lighting shall include fixtures which match the existing light fixtures currently located on the site. 3. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 4. That the development standards pertaining to walls and 13 of the required parking spaces shall be waived. 5. That all signs shall conform to the General Sign Provisions of the Koll Center Newport Planned Community Development Standards except as approved in conjunction with this application. 6. That only two wail signs, one monument sign, and one freestanding menu sign shall be permitted. 7. That the proposed directional signs shall not exceed 6 square feet and shall not include the • restaurant name or logo. -21- COMMISSIONERS NOndh y CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX 8. That the service of any alcoholic beverages in the take -out restaurant facility is prohibited unless an amended use permit is approved by the City. 9. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 10. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and Public Works Department. 11. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review and approval by the Traffic Engineer. 12. The 72 off - street parking spaces (including 10 spaces in the drive -up stacking lane) shall be provided on the property in question. 13. That all employees shall park their vehicles on -site. 14. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 15. 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. 16. That grease interceptors shall be provided 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. 17. That exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. 18. That one bathroom for each sex shall be provided and shall be made readily available to patrons of . the facility during all hours of operation. 19. That a trash compactor shall be installed and maintained. -22- COMMISSIONERS MINUTES November 19, 1987 9y CITY OF NEWPORT BEACH ROL CALL INDEX 20. That all mechanical equipment shall be sound attenuated to 55 dBA at the property lines. 21. That all conditions of approval for Resubdivision No. 849 shall be fulfilled. 22. That the light 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 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. 23. That the required number of handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. One handicapped sign on • a post shall be required for each handicapped parking spaces. 24. This use permit shall expires unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 25. That the Planning Commission may add or modify' conditions of approval to this use permit, or recommend to the City Council 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. D. RESUBDIVISION NO. 849 Findings: -- _ 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. -23- COMMISSIONERS TB �0, 9�B CITY OF NEWPORT BEACH MINUTES November 19, 1987 ROL CALL INDEX 3. That the design of the subdivision or 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 subdivision. Conditions: 1. That a parcel map be recorded prior to issuance of Building Permits. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That the Fire Department connection for the adjacent office building shall be relocated so as not to be outside of the building footprint of the proposed drive -in and take -out restaurant. The applicant shall also provide a private easement for said Fire Department connection over Parcel No. 1 of the subject parcel map, for the benefit of . Parcel No. 1 of Parcel Map 114/22 -24 (office building site). 4. That all conditions of approval for Use Permit No. 3278 shall be fulfilled. 5. That an easement for parking purposes be provided to the benefit of Parcel No. 1 over that portion of Parcel No. 2 where required parking spaces for the subject restaurant facility encroach over the proposed common parcel line. 6. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • -24- COMMISSIONERS MINUTES November 19, 1987 6 No 9, � yo9x. CITY OF NEWPORT BEACH ROL CALL INDEX Use Permit No. 3301 (Public Hearing) -Item No.8 Request to permit the establishment of a take -out UP3301 restaurant with a take -out window and incidental seating which specializes in freshly squeezed juices, Continued cappuccinos, shakes and fruit bowls on property located to in the "Retail Service Commercial" area of the Cannery 1 -7 -88 Village/McFadden Square Specific Plan Area. The proposal also includes a request to waive a portion of the required off - street parking spaces and a modifi- cation to the Zoning Code so as to allow a reduced parking aisle width in conjunction with wider than normal parking spaces. LOCATION: Lot 1, Block 130, Lake Tract, located 3014 West Balboa Boulevard, on the northeasterly side of West Balboa Boulevard, between 31st Street and 32nd Street, in the Cannery Village/McFadden Square Specific Plan Area. • ZONE: SP -6 APPLICANT: California Squeeze, Newport Beach OWNER: Russ Fluter, Newport Beach ' James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the January 7, 1988, Planning Commission meeting. Motion x Motion was made and voted on to continue Use Permit No.. Ayes x x x x x x 3301 to the January 7, 1988, Planning Commission Absent x meeting. MOTION CARRIED. * x • -25- COMMISSIONERS Motion Ayes Absent 0 0 MINUTES November 19, 1987 CITY OF NEWPORT BEACH D I S C U S S I O N I T E M: Request to initiate an Amendment to Title 20 of the Newport Beach Municipal Code so as to amend current regulations pertaining to adult entertainment busi- nesses. INITIATED BY: The City of Newport Beach Motion was made to instruct staff to set a public hearing to reexamine Chapter 20.74 of the Newport Beach Municipal Code pertaining to adult entertainment businesses to the December 10, 1987, Planning Commission meeting. Motion voted on, MOTION CARRIED. k * k A D J O U R N M E N T: 8:25 p.m. } R JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -26- INDEX No.1 Amendment to Title 20 Set for public Hearing 12 -10 -67 Adjournment