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HomeMy WebLinkAbout11/19/1998• �J • CITY OF NEWPORT BEACH Planning Commission Minutes November 19, 1998 Regular Meeting - 7:00 p.m. ROLL CALL Commissioners Adams, Fuller, Ridgeway, Ashley, Selich, Gifford, and Kranzley - Commissioner Ridgeway was excused STAFF PRESENT: Sharon Z. Wood, - Assistant City Manager Patricia L. Temple - Planning Director Robin Clauson, - Assistant City Attorney Rich Edmonston - Tronsportationand Development Services Manager Ginger Varin - Planning Commission Executive Secretary Patrick Alford - Senior Planner Marc Myers - Associate Planner Minutes of November 5. 1998: Motion was made by Commissioner Adams and voted on, to approve as written the November 5, 1998 Planning Commission Minutes. Ayes: Fuller, Ashley, Selich, Gifford, Adams Noes: None Absent: Ridgeway Abstain: Kranzley Public Comments Commissioner Kranzley extended congratulations and good luck to Commissioners Tod Ridgeway and Garold Adams for their election to City Council, recognizing their knowledge and insight will be missed on the Planning Commission. Postina of the Aaenda: The Planning Commission Agenda was posted on Friday, November 13, 1998 Minutes Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes November 19, 1998 SUBJECT: Windows on applicant) Use Permit 3293 (Amended) 2241 West Coast Highway Review (6-month) of City Council action with regard to compliance with conditions of approval imposed on February 23, 1998. Commissioners Adam and Kranzley recused themselves from deliberation on this item as the applicantmade a contributionto their recent campaigns. Public comment was opened. Scott Shuttleworth, owner and operator of Windows on the Bay restaurant made himself available for questions and asked for approval based on Condition 24 alternative 2 and Condition 31 alternative3. Commissioner Gifford stated that the Commission had received the report from the Police Department that was requested at the last meeting. Verifying the applicant had a copy, noted that three calls had been made and that the management had been advised. She then asked the applicant to address the • discrepancy of his testimony at the last meeting regarding no calls being made. Mr. Shuttleworth answered that in review of the Manager's log: • June 5thh - there was a fatality accident in front of the restaurant resulting in a lot of personnel activity and as the manager on that evening, having been contaced by the police at a later time in the evening, it was lost in the evening's events. • July 18thh - there is nothing noted in the manager's log that evening and the restaurant had been closed early due to the slowness. • August 1 st- it is noted in the Manager's log that the police did show up and asked that the music be turned down and the windows closed due to a citizen's complaintwith which we complied. Mr. Shuttleworth explained further that he had to have the listing of dates from the police to check on his managers' logs to confirm if contact had been made by the police and what the dispositionwas. Public Comment was closed. Motion was made by Commissioner Fuller to approve Use Permit 3293 A as amended with Condition 24, alternative 2 and Condition 31, alternative 3. Commissioner Ashley noted that there was a period of 180+ days that this restaurant operation had been effect since the last hearing. During that period • 2 INDEX Item No. 1 UP 3293 A Approved • City of Newport Beach Planning Commission Minutes November 19, 1998 of time, three complaints have been registered by a single party from Via Lido Nord. There must 50 or 60 homes on Via Lido Nord. Considering three complaints from out of 180 days and the positive response that was applied by the restaurant toward notification that there had been a noisy incident, this represents a very minor kind of inconvenience. This shows that this applicant has been responsive to these complaints. Commissioner Ashley concluded, stating his support of the motion. Ayes: Fuller, Ashley, Selich, Gifford Noes: None Absent: Ridgeway Abstain: Adams, Kranzley FINAL Findings and Conditions of Approval Use Permit No. 3293 (A) Approved by City Council February 23, 1998 Findings: 1. That the Land Use Element of the General Plan and the Local Coastal • Program Land Use Plan designate the site for 'Recreational Marine Commercial' uses and a restaurant and bar /nightclub are permitted uses within this designation. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class (Existing Facilities). 3. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. The approval of an amendment to Use Permit No. 3293 (Amended) to allow the business to operate as a bar /nightclub, to increase hours of operation, to change the type of entertainment, and to retain speakers in the outdoordining area 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, for the following reasons: • The restaurant use is compatible with the surrounding commercial and nearby residential uses since restaurant uses are typically allowed in commercial districts and this operation is similar to others in the area. • 10111 �:l • City of Newport Beach Planning Commission Minutes November 19, 1998 • The control of noise can be achieved by the limitation on the location of the specific noise generating activities (live entertainment), the requirement that doors and windows remain closed, the limitations on the speaker system in the outdoor dining area and compliance with the provisions of the Municipal Code, Community Noise Ordinance. • The proposal will not add a new liquor license to an over - concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. • The increased parking demand resulting from the establishment operating as a bar /nightclub will be offset by the closing of the main dining areas of the facilitywhen meal service ceases. • The crime rate in the Police Reporting District where this facility is located is only 4% above the Citywide average and well below the level considered as significant in State alcohol beverage regulations (120% of the Citywide average). • The establishment will continue to operate as a full service restaurant. • Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That all applicable previous conditions of approval of Use Permit No. 3293 and its amendments shall remain in force (dated February 18, 1988, September 10, 1992 and April B, 1993), except as noted below. 3. That the hours of operation of the restaurant /bar shall be limited to between 9:00 a.m. and 2:00 a.m., daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this use permit. 4. That alcoholic beverage service within the facility shall cease at 1:00 a.m. daily. 5. A security plan shall be submitted and approved by the Police Department which shall include, but not be limited to, the provision of security personnel for the restaurant and its parking areas to provide security, crowd control, and to discourage loitering and to correct objectionable conditions that may constitute a nuisance. That a security plan shall be submitted and approved by the Police Department which shall include, but not be limited to, the provision of security guards for restaurantand parking lot security and crowd control • A 1.101 �:1 • City of Newport Beach Planning Commission Minutes November 19, 1998 purposes. 6. That the live entertainment shall be limited to a maximum of 5 performers (total of musicians, vocalists, etc.) with amplified sound. The sound from such activity shall be confined to the interior of the restaurant and all doors and windows of the establishment shall remain closed during all performances, except when persons enter and leave by the main entrance of the facility. That live entertainment in excess of the limitations of this approval (number of performers) maybe approved by the Planning Director on a case -by -case basis taking into consideration such factors as: the time of day of the activity, the number and types of performers, and the location of the performance within the building. The Planning Director may refer the matter to the Planning Commission for approval. 8. That the operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The use of any outside loudspeakers or sound system shall be included within this requirement. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. • That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property :N /A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA That the existing speakers located in the outdoor dining area shall be relocated (below the line of the patio barrier /fence) to confine the noise to the patio area and shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code (Noise Ordinance) and as stated in Condition of Approval No. 8 above. Further that the speakers shall not be utilized in conjunction with the sound system of the live entertainment and shall be limited to pre- recorded background music only. 10. That no paging system shall be used inside or outside the restaurant 11. The Planning Director may require that the applicant shall retain a • qualified engineer specializing in noise /acoustics to monitor the sound S INDEX • City of Newport Beach Planning Commission Minutes November 19, 1998 generated by the live entertainment to insure compliance with these conditions. 12. That a Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as incidental and accessory to the primary use of the facility as a restaurant and as a bar /nightclub operation after regular meal service ceases in the restaurant. 13. That the approval is for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restauranthours of operation. 14. That this approval shall not be construed as permission to allow concerts as defined by the Municipal Code, unless an amendment to this use permit is first approved by the Planning Commission. 15. That a special event permit issued by the Community Services • Department and approved by the Police Department and the Planning Department shall be required for the following events or activities (Said special event permit shall be completed and submitted to the Community Services Department at least 30 days prior to the date of the event, unless other arrangements are made with the City departments, to allow adequate time for the Police Department and other City departments to review the application and to impose additional conditions of approval): • any event or activity within the dining areas of the restaurant which is contemplated not to operate with the sale or service of food and beverages as the principal purpose during the specified restaurant hours (i.e., conversion of dining area to bar service area during restaurant hours) which utilizes a majority of the dining area of the facility. • any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives shall be permitted to share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks. 16. That a maximum of 12 special event permits for events or activities operating outside of the above mentioned restaurant and bar /nightclub operation shall be approved per calendar year. • 6 INDEX . City of Newport Beach Planning Commission Minutes November 19, 1998 17. That the project shall comply with State Disabled Access requirements. 18. That in conjunction with the Cafe Dance Permit, the final location of the dance floor shall be approved by the Building Department and the Fire Department to address occupancy and fire exiting requirements of the interior of the restaurant. 19. That a minimum of 140 parking spaces (one parking space for each 40 sq. ft. of net public area) shall be provided and maintained on -site. 20. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer to determine compliance with the parking plan approved with the previous use permit if any alterations to the parking lot are made. 21. That the area outside of the restaurant establishment, including the public sidewalks or walkways, shall be maintained in a clean and orderly manner. 22. That all trash shall be stored within the building or within dumpsters • stored in the trash enclosure, or otherwise screened from the view of neighboring properties except when placed for pick -up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 23. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 24. That storage outside of the building shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. Storage in outdoor areas that are adequately screened from view from the public street, Bay and the adjacent on -site parking lot shall be subject to the approval of the Planning Director. A plot plan and /or floor plan shall be submitted to the Planning Director that shows the locations of any outdoor storage areas and the height and type of screening materials to be utilized. 25. That prior to this business being sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by either the current business owner, property owner or the leasing company. INDEX • City of Newport Beach Planning Commission Minutes November 19, 1998 26. That all signs shall conform to the provisions of Chapter Municipal Code. 27. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishment, unless specifically permitted. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 28. That this Use Permit shall be subject to review by the Planning Commission at its second meeting in July 1998 and July 1999, at which time 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. 29. 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 Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the • community. 30. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. 31. Existing physical barriers around the patio shall be maintained and, in addition, a glass door shall be installed on the Bay side of the patio, if permissible pursuant to the Americans with Disabilities Act. Determined by the Planning Commission on 11 / 19/1998 that the glass door and wall are not feasible since it cannot be installed in compliance with ADA requirementsin the location envisioned by the condition. 32. Subject to conditions relative to hours of operation, a single bar shall be permitted on the patio. No bar stools or other seating shall be permitted at the bar. 33. On Sunday night through Thursday night the patio shall be cleared of all persons at or before 10:00 p.m. On Friday night /Saturday morning and Saturday night /Sunday morning the patio shall be cleared of all persons by 12:00 midnight. The hours of operation must be posted on the patio at all times. Music on the patio shall cease at 10:00 p.m. 34. The patio shall be closed for the evening in the event of any violation of the Community Noise Control Ordinance. 40 8 INDEX • City of Newport Beach Planning Commission Minutes November 19, 1998 35. Special event permits issued by the City shall be consistent with the terms and conditions of this Use Permit. ••• SUBJECT: Speedway Restaurant (Jerry King, applicant) 353 East Coast Highway • UP 3598 (Amended) A request to amend an existing use permit that permitted the establishment of a theme restaurant facility (racecar theme) with incidental alcoholic beverage service. The application includes the following changes in operational characteristics: • allow live entertainmenton Friday, Saturday and Holidays; • permit dancing in conjunction with a limited number of special events. Also requested is an amendment to Accessory Outdoor Dining Permit No. 35 to extend the hours of operation of the existing outdoor dining area from closing at 10:00 p.m. to closing at 12 midnight, Sunday through Thursday. • Planning Director Temple noted that the applicant has withdrawn his request for the application of the Use Permit. She noted for the Planning Commission that it is still timely to conduct the six month review of the Use Permit for conditions of approval. The supplemental report received for tonight should still be considered. Any comments received during public comment relating to the permission to have live entertainment or dancing would not be necessary as that part of the application has been withdrawn. The six month review is specifically related to the hours of operation and most particularly whether the hours should be altered after 12 midnight. Commissioner Fuller noted that this was originally approved in 1997 with the provision for a six month review after the Certificate of Occupancy. Ms. Temple verified that the Final Certificate of Occupancy was issued in February 1998. This operation was opened for business in December of 1997 with a temporary Certificate of Occupancy. Commissioner Gifford asked if there would be a police report on this operation and was told that Captain Newman of the Police Departmentwas present. Public Comment was opened. Marge Austin, 401 Bayside Drive noted the following: • restaurant has been a decent neighbor • 9 INDEX Item No. 2 UP No. 3598 A Called up for review 12/10/1998 • City of Newport Beach Planning Commission Minutes November 19, 1998 • would like the closure at midnight, as reported in the staff report, due to alcohol consumption Mildred Lipky, Harbor Island Drive noted the following: • her home is on a cul -de -sac that is used by the restaurant for overflow parking • employees park on the street as well • valet parking all day and night • food is not available all evening • doors are not being kept closed • presented signed petitions of opposition to the proposed expansion of use Commissioner Kranzley asked staff if the valet parking plans had been presented to Traffic Engineer, if so, could he comment? Ms. Temple noted that as part of the issuance of the building permit, staff would have checked to make sure that such a plan had been submitted and reviewed. Commissioner Adams stated that regarding valet parking, in the past to mitigate patrons using residential streets to dodge the valet chages, Planning • Commission mandated that the valet parking be free of charge. I am surprised that this was not done in this case. Assistant City MonageR, Sharon Wood noted that the first time this was done was for JP's. Commissioner Adams stated that if this is a problem, then Planning Commission can impose additional conditions. Dave Brennan, 420 Harbor Island noted the following: • we live in a mixed use • agrees with the recommendation to limit the hours to midnight as it is a theme restaurant • patrons leaving the facility are very noisy with the roar of engines and peeling of tires • should be some sort of discusion with the applicant and his security to make note of those patrons who break the law • vandalism to the neighborhood At Commission inquiry, he noted that the special events parking is reduced on site, and that overflow parking occurs during these times. However, this is a very large parking lot and it looks as if it is being under utilized. There appears to be no self parking on site. He noted that there is no prohibition of parking on the public streets in his neighborhood, but the problem is the noise and commotion of people leaving between 10 p.m. and 2 a.m. in the morning in various stages • 10 TIT*R • City of Newport Beach Planning Commission Minutes November 19, 1998 of sobriety. Ms. Temple noted that this review is only to review the hours of operation past midnight, if the Commission wishes to alter any other conditions of approval, they should vote to call the Use Permit up for review. Additionally, she noted that there is a valet parking plan. Mr. Edmonston noted that the valet operation plan indicates it is in operation daily from 11 a.m. to midnight and there is no self parking. The plan does not address the issue of no charge for the valet parking. Public comment was closed. CommissionerAgams asked staff if the applicant was aware that this was going to be heard for the six month review. He was answered that the applicant had been informed as well as his representative. Ms. Temple noted that it was the intent of the applicant to re- review all of the conditions of approval to bring himself into compliance. He may not be fully aware that the Commission could possibly make a decision to reduce the hours of operation. • Commissioner Adams noted that if this was not made clear to the applicant, then if is not right for the Commission to take action to change the operation withouthim having a chance to rebut. Chairperson Selich answered that the applicant knows due to the copy of the staff report that was sent to him. Ms. Temple speculated that the applicant is a restraunteur and not a planner. He may have thought that by withdrawing the originial use permit application, that all of the issues were resolved Commissioner Adams suggested calling this issue due to the parking problems and the opposition to this operation. Staff may need to review the valet parking plans. We could postpone the hour change deliberation if Commission calls this up. Commissioner Ashley asked about the parking or noise complaints by the Yankee Tavern across the way. Staff answered that they have not heard of any, but can't say it may not have been. They have an approved outdoor dining patio which has not been implemented. Motion was made by Commissioner Adams to call up this Use Permit for • 11 INDEX • City of Newport Beach Planning Commission Minutes November 19, 1998 review and not take action on other changes this evening. He stated he is in support of the hour change but feels it is not fair to do this without the applicant being present. Chairperson Selich asked if we call the use permit up, do we have to continue the review to which staff answered that by calling it up, Commission can delay action on the review. All of the conditions will be reviewed at that time. Commissioner Gifford asked the police representative to speak on this item. Public comment was re- opened. Captain Newman of the Police Department noted that he has no specific comments and stated he would return at a later time. Commissioner Gifford asked that a copy of the police report be included in the staff report. The police report will detail any calls for service at this premise. The motion for call up on December loth: • Ayes: Fuller, Ashley, Selich, Gifford, Adams, Kranzley Noes: None Absent- Ridgeway, Abstain: None SUBJECT : Westcliff Market (Robert McNerney, Applicant) 2121 Westcliff Drive • UP 3641 A request to permit the establishment of a new on -sale alcoholic beverage outlet pursuant to Chapter 20.89 of the Municipal Code. The alcoholic beverage outlet is accessory to a neighborhood market (food and beverage sales) Senior Planner Patrick Alford reviewed the staff report noting the following: • The use is normally permitted by right. • The proposed on -sale of beer and wine is subject to the Alcoholic Beverage Outlet (ABO) ordinance, thus the Use Permit requirements. • The center has a parking deficit of 26 spaces, therefore a waiver of 6 off - street parking spaces for the market is requested, as the specialty food market has lower parking demand characteristics than the common grocery store or convenience market. • 12 11.100 Item No. 3 UP 3642 Approved • City of Newport Beach Planning Commission Minutes November 19, 1998 • Public convenience or necessity can be served. • Crime rate exceeds the citywide crime rate due to small residential population relative to the amount of commercial uses in the area. • Adjacent reporting districts have crime rates below the citywide crime rate. • The ratio of alcoholic beverage licenses to population in the area is below the Orange County average. • Alcohol related arrests are below the citywide percentages. • The anti - loitering provisions of the ABO will address the adjacent Newport Harbor High School and Mariner's School issues. • Conditions are provided to protect adjacent residential areas from odors and unsightly conditions. An additional condition is proposed that will state that the approval of this use permit is for a food and beverage sales establishment only and shall not be construed as the approval of a restaurant or any other eating and drinking establishment. No seating, tables, or counter space shall be provided for the purpose of the consumption of food or beverages on the premises. This new condition has been discussed with the applicantand he is in agreement. At Commission inquiry, Mr. Alford noted that the information provided was based on Newport Beach and did not include any information from the • neighboring City of Costa Mesa. Ms. Temple noted that the Newport Police Department has no way to include data from a neighboring community. Perhaps in the future, staff could try contacting the Costa Mesa Police Departmentfor similar information. However, they may not keep the data in the same format, as they do not have an ordinance similar in nature to this one. Commissioner Fuller, referencing the proposed plot plan, asked if this representation is correct regarding required and provided parking. He was answered that the table in the staff report is correct, the one provided by the applicant is in error. Chairperson Selich noted his concern of upscale markets going into food services where they actually become mini restaurants inside. The Commission is approving the plans and the parking as all retail space, but the markets are giving over a good portion of the interior to food service and getting outdoor dining. Public comment was opened. Robert McNerney, 515 Signal Road, applicant spoke in support of this use permit. At Commission inquiry, he stated that the additional condition is acceptable and he agrees to all of the conditions. • 13 INDEX • City of Newport Beach Planning Commission Minutes November 19, 1998 Public comment was closed. Motion was made by Commissioner Gifford to approve Use Permit 3642 with the findings and conditions in Exhibit A with an additional Condition 11 that states: The approval of this use permit is for a food and beverage sales establishment only and shall not be construed as the approval of a restaurant or any other eating and drinking establishment. No seating, tables, or counter space shall be provided for the purpose of he consumption of food or beverages on the premises. Ayes: Fuller, Ashley, Selfch, Gifford, Adams, Kranzley Noes: None Absent: Ridgeway Abstain: None Findinas: 1. The Land Use Element of the General Plan designates the site for "Retail and Service Commercial' uses and a food market is considered a permitted use within this designation. • 2. The project is located within the Retail and Service Commercial District that permits food and beverage sales establishments by right. 3. Off -sale alcoholic beverage outlets are permitted with the approval of a use permit. 4. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 5. The approval of Use Permit No. 3642 to allow a food market with the off - sale of alcoholic beverages 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, for the following reasons: The food market use is compatible with the surrounding commercial and nearby residential uses since food markets are typically allowed in mixed commercial districts. Conditions have been added to address potential problems associated with traffic, • 14 INDEX • City of Newport . Beach Planning Commission Minutes November 19, 1998 parking, trash disposal, odors, and unsightly conditions. 7. The waiver of 6 of the required off - street parking spaces is appropriate for the following reasons: The parking demand will be less than the requirement in Section 20.66.030 because the proposed project will operate as a specialty food market and with lower parking requirements than conventional food and beverage sales establishments. The proposed food market's highest parking demand business will occur on the weekends and in the evenings when the offices in the center are closed. • The probable long -term occupancy of the building, based on its design, will not generate additional parking demand because its floor plan and improvements are for a specialty food market and can not be readily converted to a use with higher parking demand characteristics. • 8. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Zoning Code (Alcoholic Beverage Outlets) for the following reasons: • The convenience of the public can arguably be served by the sale of desired beverages in a food market setting. • The project is in an area where the crime rate exceeds the citywide average by more than 20%. However, this high crime rate is attributable to the lower than average population of the district. • The number of alcohol licenses per capita in the reporting district and adjacent reporting districts is below the average for Orange County. • The percentage of alcohol - related arrests in the reporting district in which the project is proposed and in the adjacent reporting districts are lower than the percentage of alcohol - related arrests citywide. • No day care centers, places of religious assembly or park and recreation facilities are located in the vicinity of the project site. A high school and residential uses are located in the vicinity of the • 15 INDEX • City of Newport Beach Planning Commission Minutes November 19, 1998 project site. However, the project has been conditioned so as to address any potential impacts. Conditions: 1. The project shall be maintained in substantial conformance with the approved site plan, floor plan and elevations. 2. A waiver of 6 required parking spaces for the food market shall be permitted. 3. Alcoholic beverage sales shall be limited to off -sale beer and wine only. 4. The hours of operation shall be limited to 8:00 a.m. to 9:00 p.m., Monday to Saturday and 8:00 a.m. to 8:00 p.m. on Sunday. Any increase in the hours of operation shall be subject to the approval of an amendment to this use permit. 5. Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure. • 6. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. Trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 7. The trash dumpsters or receptacles shall be maintained so as to control odors which may include the provision of fully self- contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 8. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 9. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 10. All delivery trucks shall park on -site for loading and unloading. 11. The approval of this use permit is for a food and beverage sales establishment only and shall not be construed as the approval of a • 16 INDEX • City of Newport Beach Planning Commission Minutes November 19, 1998 restaurant or any other eating and drinking establishment. No seating, tables, or counter space shall be provided for the purpose of the consumption of food or beverages on the premises. Standard Requirements A. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. B. Signs and displays shall not obstruct the sales counter, cash register, seller and customer from view from the exterior. C. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. D. The applicant shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the alcoholic beverage outlet and adjacent properties must be taken during business hours if directly related to the patrons of the subject alcoholic beverage outlet. • E. The exteriorof the alcoholic beverage outlet shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. All owners, managers and employees serving and /or selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. To qualify to meet the requirements of this section a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. G. Alcoholic beverage sales from drive -up or walk -up service windows shall be prohibited. H. 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 use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. I. All signs shall conform to the provisions of Chapter 20.67 of the Municipal 17 INDEX • City of Newport Beach Planning Commission Minutes November 19, 1998 This use permit for an alcoholic beverage outlet granted in accordance with the terms of this chaptershall expire within 12 months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date. SUBJECT: 1401 Dove Street IMH /ICH Dove Street (applicant) • General Plan Amendment No. 98 -1(B), with the acceptanceof a Negative Declaration • Amendment No. 877 • Modification No. 4731 • Traffic Study No. 117 A request to permit the construction of a two -story 26,122 square foot commercial office building built over a partially subterranean parking lot. The proposed site encompasses approximately 3.8 acres of land area and is • currently developed with a six -story office building and related on -site parking. The new office building will be located to the west of the existing building towards the rear of the site where a portion of the parking lot currently exists. The project involves the approval of: • a General Plan Amendment and PC Amendment to increase the square footage entitlement in Block E of Newport Place Planned Community. The current limit of 834,762 square feet will be increased to 860,884 square feet to accommodate the construction of the new commercial office building, and • a Modification to permit reduction of the parking requirement ratio from 1 space for each 225 square feet to 1 space for each 250 square feet of net floor area, and • the approval of a Traffic Study. Associate Planner Mark Myers noted the following: • Subject property is currently developed with a six -story, 74,000 square foot office building. • The proposed office building will be located on site where a portion of the surface parking lot currently exists. • Since the Land Use Element of the General Plan does not provide for further growth in this particular area of Newport Place Planned Community, a General Plan Amendmentis required. • Amendments to the General Plan may be approved with the findings that the amendment is consistentwith the policies of the General Plan. • 18 INDEX Item No. 4 GPA 98.1 (B) Negative Declaration A 877 M. 4731 TS 117 Recommended for approval • City of Newport Beach Planning Commission Minutes November 19, 1998 • While consistencywith the General Plan can be made in this case, it should be noted that the General Plan provides a focused and limited amount of policy criteria by which a project can be analyzed. • The intent of the General Plan Amendment No. 98 -1 (B) allows for growth provided traffic does not exceed the level of service desired by the City. • The subject property is only able to achieve consistency with policy B of the General Plan with a proportional contribution to an identified intersection improvement. • The traffic analysis shows the additional office space would result in an increase in the level of service at one intersection without the intersection improvement. Concluding, he noted that on page 5 of the staff report in the third paragraph under the subheading Modification, there is a typographical error. The last sentence should read a surplus of 44 spaces, not 69. At Commission inquiry, staff noted that the total number of spaces provided on site is 430. Chairperson Selich noted his confusion with this site that is proposing to add 26,000 square feet and does not trip the TPO and another proposed expansion • project (also subject to the General Plan Amendment) had to cut 10,000 square feet so that it would not trip the TPO. It is confusing as to what can happen with incremental square footage being added. There is additional developmentthat the General Plan allows that has not been built yet. The TPO will effect the property owner's ability to use that square footage. By approving this project, what will we do to their ability to use their property to their full advantage? Here, we are going over and above the square footage that is presently allowed in the General Plan on this site. It becomes confusing because it seems you could go through and incrementally do these little projects behind the various office buildings and before you know it, you have a lot of additional square feet without actually tripping TPO. Commissioner Adams stated this was not unique to this application or site. The argument can be made citywide and has been going on for the last 15 years. This is one of the issues being addressed in the TPO Committee. Discussion continued on: • discussing the hotel site on the original Fletcher Jones site, the office project and this application together, • this project not factored into the TPO study • challenges of deciding the base line for the TPO • regional growth factors • distribution and peak hour characteristics • scale of projects • 19 INDEX • City of Newport Beach Planning Commission Minutes November 19, 1998 Public comment was opened. Craig Cooper, representative of Impact Company noted the following: • first proposal was for 32,000 square feet expansion • through initial traffic study, made aware of impact on neighborhood circulation necessitating a reduction to 26,000 square feet the original building purchased to house corporate facilities • projected growth is to occupy the entire six story and future expansion • three operation shifts starting at 6:30 a.m. to 3:30 p.m., 7:00 a.m. to 4:00 p.m. and 8:00 a.m. to 5:00 p.m. Public comment was closed. Commissioner Kranzley noted his concerns about a general plan review and perhaps a specific area plan for the airport. The Commission can then address the many small changes to the general plan with these reviews. Continuing, he stated that reducing the parking requirement to 1 for 250 suggests that additional development may occur. He suggested the condition make the requirement so that the parking surplus is 0. Marc Myers noted that Condition 2 under the Heading of Modification No. is 4721, could be changed to 231 square feet of net floor which would establish the parking requirement at 429 spaces Motion was made by Commissioner Kranzley to recommend to the City Council approval of General Plan Amendment No. 98 -1 (B), with the acceptance of a Negative Declaration; Amendment No. 877, Modification No. 4731 with the change to condition 2, and Traffic Study No. 117 Ayes: Fuller, Ashley, Selfch, Gifford, Adams, Kranzley Noes: None Absent: Ridgeway Abstain : None A. Mitigated Negative Declaration: Findings: An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. On the basis of the analysis set forth in the Initial Study and Mitigated Negative Declaration, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the • 20 12191:1 • City of Newport Beach Planning Commission Minutes November 19, 1998 3. There are no long -term environmental goals that would be compromised by the project. 4. No cumulative impacts are anticipated in connection with this or other projects. 5. There are no known substantial adverse affects on human beings that would be caused by the proposed project. 6. The contents of the environmental document have been considered in the various decisions on this project. Mitigation Measures: 1. During construction activities, the project will comply with the erosion and siltration control measures of the City's grading ordinance and all applicable local and State building codes and seismic design guidelines, including the City Excavation and Grading Code (NBMC Section 15.04 or applicable • sections). 2. Prior to the issuance of a grading permit, the applicant shall submit a comprehensive geotechnical investigation to the Planning and Building Departmentfor review and approval. 3. Prior to the issuance of a grading permit, the applicant shall submit a construction traffic control plan which includes the haul route, truck hauling operations, construction traffic flagmen, and construction warning /directional signage to the Planning and Traffic Department for review and approval. 4. The project shall conform to the requirements of the National Pollution Discharge Elimination System (NPDES) and shall be subject to the approval of the Public Works Department to determine compliance. 5. During construction activities, the applicant shall ensure that the following measures are complied with to reduce short-term (construction) air quality impacts associated with the project: a) controlling fugitive dust by regular watering, or other dust palliative measures to meet South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust); b) maintaining equipment engines in proper tune; and c) phasing and scheduling construction activities to minimize • 21 INDEX • City.of Newport Beach Planning Commission Minutes November 19, 1998 project - related emissions. 6. During construction activities, the applicant shall ensure that the project will comply with SCAQMD Rule 402 (Nuisance), to reduce nuisance due to odors from construction activities. Prior to the issuance of a building permit, the developer shall contribute its proportionate pro -rata fair share traffic impact fees required for improvements at the intersection of MacArthur Boulevard and Jamboree Road as recommended in the traffic study dated September 3, 1998, prepared by Austin -Foust Associates, Inc. and determined by the City Traffic Engineer. B. The applicant shall ensure that the project will comply with the provisions of the City of Newport Beach General Plan Noise Element and the Municipal Code pertaining to noise restrictions. During construction activities, the hours of construction and excavation work are allowed from 7:00 a.m. to 6:30 p.m. on weekdays and 8:00 a.m. to 6:00 p.m. on • Saturdays, and not at any time on Sundays and holidays. Prior to the commencement of grading activities, the applicant shall coordinate with utility and service organizations regarding any construction activities to ensure existing facilities are protected and any necessary expansion or relocation of facilities are planned and scheduled in consultation with the appropriate public agencies. 10. Prior to the commencement of grading activities, the applicant shall submit to the Planning and, Building Department a letter from the City Utilities Department confirming availability of water and wastewater services to and from the site. 11. Light sources within the parking area shall be designed or altered to eliminate light and glare spillage onto adjacent properties or uses. Prior to the issuance of a building permit, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been designed and directed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. Prior to the issuance of a building permit, the applicant shall provide to the Planning Department, in conjunction with the • lighting system plan, light fixture product types and technical 22 INDEX • City of Newport Beach Planning Commission Minutes November 19, 1998 specifications, including photometric information to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of use and occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this mitigation measure. 12. A qualified archeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. Standard Requirements: 1. The project shall comply with State Disabled Access requirements. • 2. All improvements shall be constructed as required by Ordinance and the Public Works Department. 3. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of any required public improvements, if it is desired to obtain a grading or building permit prior to completion of the public improvements. 4. Public easements and utilities crossing the site shall be shown of the grading and building site plans. 5. Prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 6. Any Edison transformer serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. 7. The on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. • 23 INDEX City of Newport Beach Planning Commission Minutes November 19, 1998 B. General Plan Amendment No. 98 -1 (6) : Adopt Resolution No. 1482(Attached) recommending to the City Council the adoption of General Plan Amendment No. 98 -1 (B). C. Amendment No. 877: Adopt Resolution No. 1483, recommending to the City Council adoption of Amendment No. 877. D. Modification No. 4721 Findings: The proposed development is consistent with the Land Use Element of the General Plan as amended by this application. 2. On the basis of the analysis set forth in the Initial Study and Mitigated Negative Declaration, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. • 3. The granting of a modification to establish a parking requirement of 1 space for each 250 square feet of net floor area will not be detrimental to persons, property or improvements in the neighborhood and the modifications as approved are consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code because this parking ratio has proven to be adequate for most general office developments in the City. Conditions: 1. That development shall be insubstantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That one parking space for each 239 231 sq. ft. of net floor area shall be provided on -site. Standard Requirements: 1. That all signs shall conform to the provisions of Chapter 20.06 of is the Municipal Code. 24 .l1kT*M City of Newport Beach Planning Commission Minutes November 19, 1998 2. That the proposed office building and related parking structure shall conform to the requirements of the Uniform Building Code. 3. That the project shall comply with State Disabled Access requirements. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 5. That this Modification 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. E. Traffic Study 117 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 L -18. 2. That the Traffic Study has been reviewed by the City Traffic Engineer and found in compliance with the Traffic Phasing Ordinance. 3. 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 at any of the nine intersections selected for evaluation by City staff and based on the characteristics of the proposed development. 4. 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 eight of the nine study intersections and that the ICU analysis for one of the nine intersections indicates that the ICU value does not increase. • 25 INDEX City of Newport Beach Planning Commission Minutes November 19, 1998 old Corona del Mar Area Discussion between staff and Commission was on the following: • rezoning of Balboa Island to R -1.5 was done due to similar concerns • the floor area limit in old Corona del Mar is the some as on Balboa Island • these concerns come up in many of the older residential neighborhoods that have lot size restrictions • architectural community is very good designing within our development standards homes that meet their client's needs • homes are getting larger in floor area and building bulk Public comment was opened. Bud Rasner,208 Carnation Avenue noted the following: • 26 year resident and business owner • taxpayers money spent doing studies • this process isn't needed • property rights do • village feel in old Corona del Mar • look at what can be done via zoning laws • maximize use of homes • property values going up • do not need more bureaucratic restrictions on property rights Tod Schooler noted the following: • interested in being on a committee to discuss these issues • had past experience as a developer in old Corona del Mar • proposals presented to the city used to go to the Planning Commission for design and comments • a lot of similar design is being used in the small condominium projects in old Corona del Mar Public comment was closed. Commissioner Fuller asked what the major issues were, i.e., third floor, bulk size, and conversion from quaint little cottages to condominiums or is all. He agrees that we are losing the home cottage feeling in that area; whether that is good or bad is another issue. The area is definitely changing and therefore supports recommendations to review this. Chairperson Selich stated it's all of those plus more that the staff has struggled with over the years in the development that has been proposed. • 26 INDEX Residential Development Standards in Corona del Mar Discussion only M City of Newport Beach Planning Commission Minutes November 19, 1998 Commissioner Ashley commented that this area started as a second home community that has emerged into a primary home community that can not be redeveloped in the exact manner that you see the cottages today. Consequently, economically we are observing the enrichment in the area that is a progressive change that is occurring all over the world, not just limited to here. Motion was made by Commissioner Fuller to approve sending a memo to the City Council that would insure that the time and efforts of the Commission and staff are committed to this activity only if the City Council is in concurrence with the approach. Chairperson Selich noted this would call for a review of the development regulations to determine what aspects of the old Corona del Mar feeling can be retained and still allow these homes to be built. The demand is there to build these homes. Ayes: Fuller, Ashley, Selich, Gifford, Adams, Kranzley Noes: None Absent: Ridgeway Abstain: None Commissioner Adams stated that in the formation of this advisory group, a representation should be included who are concerned with property rights and their ability to maximize their property. •0d ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning- none. b.) Oral report from Planning Commission's representative to the Economic Development Committee- none. C.) Matterswhich a Planning Commissionerwould like staff to report on at a subsequent meeting - Commissioner Fuller asked for, and received, a status report on the Batniji property. Commissioner Kranzley asked for a report on parking standards for video stores throughout the community. d.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report- none • 27 INDEX Additional Business City of Newport Beach Planning Commission Minutes November 19, 1998 Requests for excused absences- none. ADJOURNMENT: 8:25 p.m. RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 40 0 28 INDEX Adjournment