The URL can be used to link to this page

Home My WebLink About12/07/1995COMMISSIONERS CITY OF NEWPORT BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: . 7&A" 71995 DATE . , ROLL M - ROLL INDEX CALL 1 111 Abstained Ayes V, tv,6717,71671 M 7177; Nau 77, 1 A I PatriciatwooWmingmanawr Rich Edmonton, Traffic En&m' Gmger Vann, Exemizve Smeary [V Motion was made and voted on to approve as amended; the November 5 P11anning CominissionMinutes. MOTION CARRIED - 6 Ayes, I Abstain sus Public Comments: of Public Comments 1 COMMISSIONERS / C F CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX twenty minutes as long as they are actively unloading or loading from dx vehicle. I Commissioner Gafford stated that since she did not participate in the Im public hearing and has not had an opportunity to listen to the tapes; in the interest of absolute fairness will be abstaining from voting on this matter. Public Hearing was opened. Mr. John McLaughlin, 6142 Everly Street, Lakewood - apphcaut, stated he is proud of his accomplishments as a chef at the JW's Restaurant at the Anaheim Marnot. He requested that the Commission allow him to open ba own restaurant in Newport Beach. Mr. McLaughlin stated that he agrees to the terms, conditions and findings of revised Exhibit A for the Use Pering No. 3571. He referenced the issue of operating hours at 10:00 p.m. To him, ft means his last sating would be at 10:00 and due to the nature of gourind dinner expedience, he would hike to extend the hours during the week. Commissioner Ridgeway explained that closing at 10:00 p.m. means the doors are closed and the restaurant is shutting down. Ms. Temple stated that the way conditions are worded and enforced restaurant use permits is that the hour of closing is the closing of operatior of the restaurant. If Mr. McLaughlin's point is that he would like to dm for new service, but it is a two hour dmmg experience, then the would be at midnight. Mr. Kranzley stated that on page 2 it is listed that the hours would be 10:00 a.m. to 10:00 p.m. Condition number 2 states that the hours are 10:00 a.m. to 11:00 p.m. He asked for clarification and was answered thal the proposal is for 10:00 p.m. Commissioner Pomeroy stated that this similar discussion was heard at the last meeting when Mr. McLaughlin volunteered to change the closing hours to 10:00 p.m. Closing hours is the same as the operation being closed and -3 COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX the patrons gone. We are attempting to cut down neighborhood now by having people leave at an artier hour. He would not agree to 11:30 maybe 11:00. He stated that Mr. McLaughlin volunteered to dose at 10:00 p.m. Commissioner Selich questioned the condition regarding valet parking. There does not appear to be a condition proposed, discussion only, with no recommendation for valet panting. Mr. Donald Regan, 924 West Ocean Front - spoke in support of the applicant stating that this would be a world class restaurant. Mr. Walter Wetterman, 17953 Santiago, Bw levard, Willa Park - spoke in support of the applicant for same reason as above, plus additional benefits to the City iti-le then proceeded to compare this project to other types of quality restaurants within the City. He recommends that the Commission vote favorably on this restaurant. Ms. Debbie Moran, 409 V2 Dahlia Avenue - as a co- worker at the Anaheim Marriot and sales manager, spoke in favor of Mr. Md- aughlin's restaurant stating it would be an asset to the City of Newport Beach. Mr. And Mrs. Mike Hotvedt, 1057 Granville - both spoke in favor of the restaurant for reasons stated above. Ms. Ann Gray Fallat, 7409 Monica Lane, Santa Ana - attending tonight as a reporter writing a feature article on this restaurant for the Orange Coast Magazine spoke in favor of this restaurant. She also is a founding member of the University of California Irvine Extension New Certificate Program Management. She stated that Mr. McLaughlin teaches at the university and is well prepared to manage and operate this restaurant successfidly. Mr. Felix Wajnstac, 5 Cherbourg - spoke in favor of the restaurant for previously mentioned reasons. Mr. Jon Anderson, 1657 Labrador Drive, Costa Mesa - representing the building owner and wanting in Corona del Mar for 10-15 COMMISSIONERS ti o� 0\ CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX years spoke. For the past 3 or 4 years, the building has sat empty, it will Ix a relief to see a nice permanent use, such as this restaurant. Chairman Ridgeway asked Mr. Anderson if he bad worked as the archited for the restaurant. Mr. Anderson said no, his firm is commercial architects Toyed by owners of the building to answer questions on signage and parking. Chairman Ridgeway asked how they intend to do the ai~ and address the parking problem• Mr. Anderson said the owners are concerned with these issues and wil reinstall a sign that was found in the parking facilities. They want to maki am this is acceptable with the Commission. He went on to oWlaii additional signage with the use of boards on Coast Highway side of the project. Chairman Ridgeway stressed that the signs must say public parking oi parking for the building. The people need to know there is parking avadabk for this building in the underground structure. Mr. Anderson said they are in agreemert and will do whatever thi Commission feels is necessary to accommodate this need. He further statec that the sign they are proposing to resurrect will be amended. to rem parking for the building. There will be two more signs, one on Dahlia, comer sign visible from PCH and Dablia. This will be a new, fixed illuminated, directional sign showing additional parking in rear. The thux sign will be on the back side of the building. This sign will be construcW near the ramp to the underground parkin facilities. Mr. Anderson went on to talk about the interior of the puking garages. Tim owners will be sprucing up the inside by having electrical contractors checl all the light fixtures, examine the ballasts and re-light where necessary. There will be bids taken to paint all the walls in the parking structure a gloss white. In addit ion, larger graphics directing people to the elevator and to the stairs will be placed in appropriate places. -5- COMMISSIONERS 4\*\161LL \\\ 4 CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Ms. Marilyn Moore, owner of property at 721 and 721 1/2 Fernleaf spoke in opposition to this project. Her main objection to this project was that the building at 2600 Coast 1iighway was not designed for a restaurant. This building is in a dense area; in poor repair, has very little landscaping; no loading zone. The trash enclosure area is dirty and the area is heavily impacted. She then questioned the amount of parking required for the building. It appears not to include any on site parking for the five employees during the day and the seven employees during the night. She presented a picture board showing the parking density during the day. Ms. Moore concluded saying her tenants are impacted by the noise and time of delivery trucks and the grease pickups and asked that the Commission deny this Use Permit. Mr. Peter Templeton, 2610 Point del Mar - spoke in favor of this use. Fle explained that the residents of Corona del Mar choose to live there due to the rich mixture of uses, i.e., the availability to walk to an ice cream sloop, walk to a restaurant in the evening, walk to get laundry done, etc. This gives the rich texture and mixed uses within the community . He favors this restaurant as one being an upscale restaurant that would make a favorable addition to the neighborhood. Conmaissioner Kranzley asked if there had been any formal discussion at the Homeowners Association of which Mr. Templeton is a member. He was answered no. Commissioner Adams asked staff if the homes along Fifth Avenue were noticed on this item and was answered that all homes within a 300 foot radius are noticed by mail, in addition, to homeowners associations in proadmity to the project Ms. Paula Amet, 721 I/2 Femleaf Avenue - spoke in opposition of this use. She objected to this use because of the impact to her as a tenant on a daily basis. She reiterated these problems as traffic problems by blocking her driveway, deliveries to the restaurant with the loading zone up neat to her fence, one dumpster for the entire building plus access to the comtnercaal building space must be made by circling her residence. COMMISSIONERS r %Mimoklli CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Mr. Mchael DeGeer, 721 lit Fernleaf Avemxe - spoke in opposition of this use. He spoke on the issue of valet parking for this restaurant. If this restaurant is to be a fill service one then it must have valet parking as do other full service restaurants in the area. The second issue he spoke on was the ABC procedure relating to use of alcoholic beverages in a restaurant operating that has parking within 100 feet of a residence as being out ol compliance. There has to be conditions to alleviate these problems. Conditions on the previous tenant "Ciao" was business hours of to 10:00 p.m. and deliveries were from 8:00 am. to 5:00 p.m TIm proposed hours of operation and deliveries by Mr. Mciaughlin appear to inconsistent with the previous hours set for the prior tenant and may be ' it violation to ABC, pilings. He reiterated the circulation problem and thes asked who the responsible parties for all of these conditions if this use ju ' permitted? Who should they call if these conditions are not met, he wouk Eke numbers. Commissioner Pomeroy stated that the Planning Department has . code enforcement personnel, so he should call therm. Complaints will be investigated as soon as possible. Assistant city Attorney Clauson explained that if there is a problem with the property uses and the Planning Department is notified, the code enforcement people will investigate the problem. If there is no compliance, there the City has options. One option is to bring the use back to the Planning Commission for additional conditions or modifications if that is needed or they come to the attorney's office who will work with tin property owner to get them to comply. ffthey still do not, than a law suit is filed to get a compliance. Code Enforcement does require that complaints be in writing, this is kept confidential and staff will work on determination of compliance. Ms. Temple stated that the Planning and Budding Depastmatt use the code artoroement and inspection process. The express purpose is to enforce the zoning code and use permit conditions within the community Before permits are issued, plans are reviewed and all conditions applicable at that level are enforced. Completed projects are also reviewed for compliance -7 COMMISSIONERS ti WIarklo\ CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX with conditions attached at a certificate of occupancy level. Beyond the complaint response which was described, to the greatest extent possible there is proactive review and monitoring conditions of approval. As not being a 24 hour operation as problems occur in off Ei complaints do help. Upon a complaint, overtime will be authorenforcement division to go and review the situation in the field hours which a violation may be occurring. This is done on our own from time to time we have the assistance of the Police Department. enforcement actions are completed as quickly as possible by the City. Public Hearing was Closed. Commissioner Adams stated he agrees with Marilyn Moore that this is am inappropriate use of this site He would like to see a world class at a different place not in this building that was approved for office and uses. The small restaurant that was in before had problems and incompatible with the adjoining residential usage. There are behind this site and along Fifth Avenue. The applicant states that this is world class restaurant but not world class enough to afford valet parking, have an appropriate location in the city instead of trying to squeeze it in back of retail office building. No matter how high end the restaurant is ' still has workers to do dishes and clean up and drag trash cans out to the garbage and if they stop serving dinner at 11 or midnight, these will be done to 1 or 2 in the morning every single night right nva to residences. It is clearly not appropriate to have this done. This does not have Coast I-fWrway frontage, it is at the back of a side street. Chairman Ridgeway stated that in reading Mrs Moore's letter, the largei issue is the 21,000 square foot building that probably should not have beer approved nor built. If the use of a restaurant is not approved there are ' the issues of trash, traffic, paring, lighting. No matter what the use is the Commission can not undo the existing building. The letter goes great detail of how it was approved for whatever reason. The can mitigate the problems and issues that have been presented.. They can mitigate some of the design flaws that are created by this building. Witl proper conditions on the hours of operation, the applicant has showt himself to be more cooperative with the neighbors. This operation, -8 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL -T-FFf 7 INDEX limiting the size of the daytime operation to 1,100 square feet to mifigW the parking problem during the day, at night the parking for the building wd be +13, so the need for the valet is not for the night time. If anything, il could be needed during the day time. There are adequate checks balances with the types of conditions that can be put on this project to its operation tighter. Commissioner Pomeroy stated that a restaurant of the type that is being proposed at this location is the only type that will have any real chance success. The parking structure as is proposed to be modified with and signage will help to correct the parking problems. The problem residential and commercial uses nerrt to each other wiff not be solved can not be undone. This is a problem that fitves the commission all the ' as these uses are not easy to co- mingle. He agrees that with ' conditions he would support the use permit. There are a lot of checks balances to bring this use permit back to the commission to take action . they are a bad neighbor. Commissioner Kranzley said he anticipated more public testimony fro other neighborhood people. There is only one other and he has come t support this item. As the neighborhood has been noticed, there does noi seem to be a lot of community effort to not have this restaurant in here. H expressed his concerns that there were not meetings set up with the applicant and the residents who had expressed concerns. He supports thu ' item with tighter controls. Comnumoner Selich supports the project for the sari reasons previously stated. He supports oomplimeatary valet parking as the parking structure is inconvenient to use. He supports restricting some of the houn on deliveries and things of that nature. Commissioner Thomson states that this is an A+ restaurant but a location m a D- building. We need to address issues to make it the best wt can so this operation will not impact the community. He quests staff to the number of seats that will be allowed. -9 COMMISSIONERS Mot I 4 F,9 � CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Stag' answered that the previous use was a specialty food use that was limited to 20 seats In conventional restaurants, the City does not use the number of seats to determine parking, net public area is used to detwnitte the parking requirement. There is no way to directly answer the except that on a floor area basis, this particular project is larger than the previous food use of Ciao and that is approximate doubling of public space. The occupancy level set by the Fire Department is much higher than typically found seating in a dieter house. Commissioner Thomson asked if free valet parking can be required. Staff answered that it was possible. Commissioner Thomson stated that he supports the use of the building. Conditions need to be placed to tighten up and that gives the residents in the area easy opportunity to come back to say if there are problems. -' on Commissioner Pomeroy made the motion that did not include valet Poking He stated that the applicant is going to make every effort to make this successful operation and he will get repeat customers. They will find the underground parking that will be properly marked. The additional conditions include: • Hours of operation from 10:00 a.m. to closing 10:30 p.m. during week • No deliveries before 8:00 am. and after 7:00 p.m. daily. • Trash pick up be limited from 8:00 am to 7:00 p.m. • Grease pick up be limited from 8:00 am to 7:00 p.m. • Additional directional signage be placed on site to indicate free park ig in the subterranean parking structure to be reviewed by traffic engineer and planning dpartnnt and shall include no less than three signs. • That remedial measures to improve the lighting and general allnosphere in the subterranean parking structure shall be completed prior to issuance of a certificate of occupancy for the restaurant. These measures shall include improved fighting; walls painted a gloss white and signage indicating elevator and stairs. Commissioner Adams asked staff about the signs being discussed. How do the parking guide signs fall into square footage limitation. They are -10- COMMISSIONERS *\M is CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX proposing a sign on Coast Highway that will be relatively unsightly and will be advertising for the building in the sidewalk area The guide signs will be for people who are coming down Fifth and Dahlia to find out where they are going. Why is a huge sign on Coast Highway sidewalk needed to be effective? Assistant City Attorney Clauson stated that it would be a sign under the code. It is a suggested condition that there be three signs approved by the Planning Department. N you want to narrow that down, say that the sign shall be directional only. Commissioner Adams stated he feels that the sign will become advertisement for Brick's. Staff answered if it is directional only it will not be advertisement. If Commission so directs, the Planning Department could enforce that. iCommissioner Pomeroy stated that if the sign complies with the sign code, and it provides direction for parking, wiry would it be a penalty if it has advertising on it? He wants it made clear to the public that there is parldng in the underground facility. Amendment Amendment to the motion by Commissioner Selich for complimentary valet to motion * * * parking was voted on, which Amendment failed. 3 Ayes, 3 Noes and 1 ' Abstain. Original motion for approval with additional, modified axAftons Ayes was voted on, MOTION CARRIED - 5 Ayes, 1 No and 1 Abstain. Noes * * * Abstained FINDINGS: Motion Ayes * * * '` * 1. That the Proposed development is consistent with the lAnd Use Noes Element of the General Plan and is compatible with surrounding Abstained land USeS. 2. That the waiver of the restaurant development standards as they relate to perimeter walls, landscaping, and a portion of the required off - street parking (15 -16 spaces) will be of no fiuther detriment to • -11 COMMISSIONERS 4 k ��l n CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX adjacent properties because of the existing developed nature of tht site. 3. That adequate nighttime and daytime parking will be provided fbi the proposed restaurant. 4. That the structure on the site was constructed prior to October 25 1988, consistent with the policies and ordinances in effeat at tht time of construction. 5. It has been denonatmated that the peak hour traffic to be geneizted by the proposed restaurant will not exceed that generated by the existing uses in the development, as determined in accordance with City Council Policy L-18. 6. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed, pet City Council Policy 1, 18. 7. That proposed restaurant and other building tenants will be reshicW to the uses and operational characteristics upon which the traffic equivalency was based. Relevant operational characteristics include; but are not limited to, hours of operation of on-sitc provision of valet parking, off a" parking, and nd public area of restaurants. 8. The proposed restaurant and physical improvements are such that the approved project would not readily lend itself to conversion to high traffic generating use. 9. The proposed uses are compatible with the surrounding area. 10. That the proposed development will not have any significad e *onme tal impact. -12- COMMISSIONERS L I oimiziux MINUTES CITY OF NEWPORT BEACH December 7, 1995 ROLL CALL INDEX 11. 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. That public improvements may be required of a devdoper per Section 20.80.060 of the Municipal Code. 13. The approval of Use Permit No. 3571 will not, under the circumstances of the case be demmental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or k*mious to property or improvements in the neighborhood or the gmeral welfare of the City and fiuther that the proposed modification related to the proposed signing is consistent with the legislative intent of Title 20 of this Code. CONDMONS: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, eccept as noted below. 2. That the hours of operation of the proposed restaurant shall be fiDin 10:00 a.m. to 10:30 p.m., Sunday through Thursday, and from 10:00 a.m. to 12:00 a.m. Friday and Saturday, provided fiuther, that the area shown on the approved floor plan as the expanded am shall not be used until after 6:00 p.m., Monday through Friday. 3. That the "net public area" of the restaurant, which is devoted to daytime use Monday though Friday (prior to 6:00 p.m.) shall be limited to 1,192 sq. fl. unless the applicant obtains an amendment to this use permit. The "net public area" devoted to night time and weekend use, 1,655± sq. ft., shall be physically closed off to the public by a fixed barrier and shall not be used until after 6:00 p.m. 4. That no outdoor paging system shall be utilized in corgunction with the subject restaurant. -13- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX 5. That the use of We entertainment shall be limited to one non- ampkIied musician and an entertainment: petmtit shall be issued by the Revenue Manager in accordance with Title 5 of the Newport Beach Municipal Code. 6. That the hours of the live entertainment use be limited to between 5:30 p.m. to 10:00 p.m., Sunday through Thursday, and between 5:30 p.m. to 11:00 p.m., Friday and Saturday nights. 7. That all exterior doors and windows shall remain ck+sed during the use of the live entertainment; and that dancing shall not be permitted as part of the live entertainment unless an amendment to this use permit is approved by the Planning Commission 8. That no deliveries shall take place before 8:00 am and after 7: p.m. daily. 9. That trash and grease pick -up shall be limited to the haws of 8: a.m. and 7:00 p.m. 10. That all employees of the proposed restaurant establishment dud shall be in contact with the public, receive ttaitung from the Alcoholic Beverage Control, or other similar organization that offers a minimum sm4xx r course in alcoholic beverage control issues. 11. That this approval does not include special events or promo tional "Special drinks" and shall be subject to a Special Events Permit foi such activities or and amendment to this use pmt is approved by the Planting Commission. 12. That this approval is for the establishment of a restaurant and the service of alcoholic beverages shall be incidental to the primary food service operation of the restaurant. -14- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX 13. That the development standard pertaining to a portion of the required parking (15 spaces daytime, 16 spaces on weekends and holidays days) shall be waived. 14. That the development standards pertaining to walls and landscaping small be waived, 15. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 16. That additional directional signage be placed on -site to indicate "free parking" in the subterranean perking structure to be reviewed by the Traffic Engineer and Planning Department and shall include no less than three signs. 17. That trash receptacles for patrons shall be located in convenient locations inside and outside the building and the entire site shall be maintained in a clean and orderly manner. 18. That the trash enclosure will be monitored for maintenance on a regular basis by the property owner or property owner's designee. 19. That all mechanical equipment and trash areas shall be screened from surrounding public streets and alley and 4ommg streets. 20. That where grease may be introduced into the drainage system, grease interceptors shall be installed on all fixtures in the restaurant as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 21. That kitchen exhaust fans shall be designed to control smoke and odor to the satisf iebori of the Building Depaitinent. 22. 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 -15- 4 COMMISSIONERS 9� .o MINUTES CITY OF NEWPORT BEACH December 7, 1995 ROLL CALL INDEX Bay or storm drains, unless otherwise approved by the Building Department and the Public Works Depart. 23. That all improvements be constructed as required by Ordinance and the Public Works Department. 24. That the on -site parking, vehicular circulation and pedestrian circulation *,stems be subject to fiuther review by the City Traffic Engineer. 25. That all employees shall park on -site in the subterranean parking structure in an area designated for employee parking.. 26. 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, pace, morals, comfort, or general wdf ire of the community. 27. That this Use Permit shall expire miles exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 28. That remedial measum to improve the lighting and general atmosphere in the subterranean parking structure shall be completed prior to issuance of a Certificate of Occupancy for the restaurant. These measures shall include improved lighting; walls painted a gloss white and si~ indicating elevator and stairs, to the satisfaction of the Planning Department. s3s -16- COMMISSIONERS • ON, CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX SUBJECT': Gold Star Service Item 2 4360 Campus Drive, Suite F • Use Permit 3441 Use Perm No. 3441 Expansion of an automobile repair and service facility . Addition of 1,298 square feet so as to allow for the addition oftwo (2) hydraulic hoists. Staff had no additional comments but was present to answer Commission's roved questions. Public Hearing was Opened. Mr. Tony Vehessgi, 50 Giotto, Aliw Viejo - partner for Gold Star spoke to the Commission He stated that the business was established in September, • 1995. During this time their clientele has grown to 1,300 steady customers. He affirmed that he has read the staff report and the findings and conditions attached and agrees to these findings and conditions. Public Hearing was Closed. Motion Motion was made for approval of Use Permit 3441 subject to the findings Ayes * * * * * and conditions in Exhibit A MOTION CARRIED - All Ayes. Findin¢s: 1. That the proposed application is an intensification of use of the existing structure within the limits specified by Chapter 20.07 of Newport Beach Municipal Code. The expansion of said support service is consistent with the General Plan and is compatible with surrounding land uses. 2. That adequate on -site parking is available for the existing and proposed uses. That the proposed development will not have any significant environmental impact. • -17- Lt COMMISSIONERS \J' 9� A wfflile 400, \ CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX The approval of Use Permit 3441 Amendment will not, under the circurnstarices of the case be detrimental to the health, safety, morals, comfort and general welfare of persons residing or worbq in the neighborhood or be detrimental or injurious to property oi improvements in the neighborhood or the general welfare of the City. 1. That development shall be in substantial conformance with approved site plan, floor plans, and elevations, except as noted below. 2. That all mechanical equipment to be maintained inside the structure and all automobile repairs shall be conducted within the building. 3. That grease interceptors shall be provided in all drains within the building where petroleum residues may enter the storm dram system, unless otherwise permitted by the Building Depamtmwmt. 4. That all signs shall be installed in accordance with the requimments of the Newport Beach Sign Code. 5. That the outdoor storage of tires and other auto related parts ot merchandise shall be prohibited. 6. The site shall be maintained in a clean and orderly mnanner. 7. The approval of this application shall permit complete engine rebuilding (including electrical and transmission repair), time lubrication and brake service and installation No detailing, paintaig or exhaust repair of automobiles shall be permitted on the subject site. 8. That the Planning Commission may add to or modify conditions of approval to this Use Pernit or recommend to the City Council the revocation of this Use Permit, upon a determination that the -18 COMMISSIONERS 4 11 A01,\P0-1*10QW*10\ CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL INDEX CALL operation which is the subject of this Use Permit, causes injury, or is det mental to the healthy safety, peace, morals, comfort, or general welfare of the community. 9. That all en ployees shall park on -site. 10. That this Use Permit Amendment shall expire unless owdsed within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. sss SUBJECT: Cappuccino Alfresco Coffee Can Item. 3 620 Newport Center Drive (Applicant: Donald F. Lopez) • • Use Permit No. 3497 Amended UP: NO. Allow the relocation of an eristing outdoor coffee cart sales operation wi the addition of incidental tables and chairs, a rainlvvind canopy and a small storage cart for the cash mister. Staff bad no additional cormne is and was present to answer Commission questions. Public Hearing was Opened. Mr. Don Lopez, applicant aflinned that he had read and agrees to the terms and conditions of the Use Permit. Public Hearing was Closed. Motion Motion was made for approval of Use Permit 3497 subW to the findings * * and conditions in Exhibit A. MOTION CARRIED - All Ayes. Ayes -19- 3497 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Findu>gs: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with stirrounding land uses. 2. That adequate on -site parking is available to accommodate the proposed use. 3. That the proposed development will not have any significant environmental impact. 4. That the proposed outdoor coffee cart, as limited by the following conditions of approval, will not impede pedestrian circulation within ' the subject property. 5. That the design and location of the proposed improvements will nol conflict with any easements acquired by the public at large access through or use of property within the proposed development. 6. That the proposed incidental seating addition to the existing coffee cart will be a support use for the existing office uses. 7. The approval of Use Permit No 3497 (Amended), will not, under the dro u istances of the case be detrimental to the health, safety, peace, morals, comfort and general weffare 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 approved site plan, and elevations, except as noted below. 2. That one parking space for each employee (3 spaces) shall be provided on -site. -20- COMMISSIONERS 4\1 Pi9°i 4 L MINUTES CITY OF NEWPORT BEACH December 7, 1995 ROLL CALL INDEX 3.. That all employees shall park on -site in the parking structure at all times. 4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 5. That the canopy cover and the clear plastic removable side panels stall be kept clean, neat, and maintained in an orderly fashion. 6. That the coffee cart shall not block entrances or exits to any building. 7. That no temporary " sandwich" signs or similar temporary sign shall be permitted, either on -site or off -site, to advertise the coffee cart. 8. That a maximum of four tables and sixteen chairs shall be permitted adjacent to the cart location for non- exclusive use by patrons of the coffee cart. 9. That the access to and around the proposed coffee cart and related parking structure shall conform to the requirements of the Uniform Building Cade. 10. That the project shall comply with State Disabled Access requirements. 11. That the hours of operation shall be limited between 6:00 am. and 6:00 p.m., daily. 12. That all trash, including compact storage bags and recyclable containers, shall be stored within a screened or enclosed area until it is to be picked up. 13. That the outdoor sales cart, storage cart, and associated raWwind canopy shall be limited to a mwamum footprint of 225 square feet (as proposed). This does not include the adjacent area set aside for -21- COMMISSIONERS il CITY OF NEWPORT BEACH MINUTES Decennber 7, 1995 ROLL INDEX CALL the table and chairs. Sales shall be limited to gourmet coffee and other similar beverages, sodas, and incidental food items. 14. That trash rules for patrons shall be located in convenient locations in dose proximity to the coffee cart and adjacent seating. 15. All previously approved conditions of Use Permit No. 3497 dW become null and void. 16. That the Planning Commission may add to or modify conditions approval to this Use Permit or recommend to the City Council tho revocation of this Use Permit, upon a determination that tim operation which is the subject of this Use Permit, causes injury, or detrimental to the health, safety, peace, morals, comfort, or genera welfare of the community. 17. That this Use Permit shall expire unless exercised within 24 nWAIV from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. SUBJECT: Edgewater Place, Inc. Item. 4 309 Palm Street • Use Permit No. 3572 tm No. 3 Request to establish an arcade with an incidental ice creatn/soda stand Approved property located in the SO-8 District. Staff bad no additional comments and was available for questions. Chairman Ridgeway clarified that this is a retail ice cream stand within arcade. . -22- 572 Mo COMMISSIONERS 'mop CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Commissioner Gifford requested clarification on the requirement for the Use Permit. Staff answered that this is an amendment to the operational characteristics of an arcade. Public Hearing. Mr. Mike Harrah, 44 Linda We - applicant and prudent and owner ol Edgewater Place, Inc. appeared and asked for the granting of this U Permit. He stated he had read and agrees to the terms and conditions of the Use Permit 3572 as stated in Exhibit A Public Heanng_was Closed. tion Motion was made for approval of Use Permit No. 3572 subject to the findings and conditions in Exhibit A. MOTION CARRIED - All Ayes. Findings: 1. That the proposed arcade use is consistent with the Land Use Elemeal of the General Plan and the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate on -site parking is available for the existing and proposed uses. 3. That the project will not have a significant environmental impact 4. The approval of Use Permit No. 3572 will not, under the ' of the case be detrimer►tal to the health, safety, peace, morals, and general welfare of persons residing or working in the ' or be detrimental or injurious to property or improvements in neighborhood or the general welfare of the City and further that proposed modification related to the proposed signing is content the legislative intent of Tittle 20 of this Code. -23- COMMISSIONERS �9 ;90 ` 1V CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Conditions: 1. That development shall be in substantial conformance with the approved site plan and floor plan, except as noted below. 2. That all ins shall conform to the provisions of Chapter 20.06 of the Municipal Code. 3. That the proposed facility shall conform to the requirements of Uniform Building Code. 4. That all employees shall park on -site. 5. That the hours of operation shall be limited between 9:00 a.m. and 12:00 midnight, Sunday through Thursday, and between 9:00 a.m. and 2:00 a.m., Friday and Saturday, which is consistent with the arcade hours for the Fun Zone project across Palm Avenue. 6. That all trash areas shall be screened from adjoining properties and streets. 7. That Coastal Commission approval shall be obtained prior to issuance of any building pm*s. 8. 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 operatm 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. 9. That this Use Permit shall expire unless exercised within 24 mouths from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. �s* -24- COMMISSIONERS 4 MINUTES CITY OF NEWPORT BEACH December 7, 1995 ROLL CALL INDEX SUBJECT: Steve Silverstein Item 5 4717 Hampden Road • Amendment No. 838 Amendmen No. 838 Approved Amend a portion of Districting Map No. 31 establishing a finrt yard setback of 33 feet from the newly established front property the on Lot 27, as well as an easterly side yard setback of 15 feet, where the Districting Map currently designates a from setback of IS feet and the Code requires a side yard setback of 6 feet from the side property lines, respectively. Commissioner Thomson stepped down fion the dais because of a possible conflict Of interest. Staff commented that the two exhibits on the wall depict the previous and existing parcels along with the previous and proposed setbacks. In this particular zoning district of RIB, the setbacks will regulate the location of the building on the site but the setbacks do not have any hearing in direct relationship to the size of the building allowed on tle site, which is typical in other conventional zoning districts where the size of the building is governed by the buildable area. In the RIB district, the size of the building is regulated by a coverage requirement winch in tins particular case was 60%. Therefore, the establishment of the setbacks will regulate the location of the building, but the size of the lot is essentially the determining factor for the size of the building allowed. Staff was available for Commission questions. Mr. Steve Silverstein, 4717 Hampden Road - applicant and owner stated that he had read the staff report and the findings and conditions and agrees to them. Commissioner Adams questioned the applicant on the condition on the parcel that was transferred to the applicant by the Irvine Company. Mr. Silverstein explained that the Irvine Company required that no structure be built within 15 feet of the golf course fence within the property that was -25- COMMISSIONERS • K0 9/ *05w, � X CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX transferred to him. He then proceeded to explain the area in question referring to the exhibits on the wall. Mr. Ted Vandling, 4507 Hampden Road - spoke in opposition to this item He discussed the characteristics of his street and setbacks with trees wK greenbeh area He objects that this particular lot, if enlarged, will call for larger residence and that would call for a different setback regulation thef currently on Hamper Road. Speaking for Mrs. Haley who lives next doom to this project, she objects to the cul- de-sac placement and right of purchase. He further stated that this amendment would set a precedent f other lot owners and discussed generally other objections, i.e. lot fine association vote, setbacks, etc. Commissioner Adams asked Mr. Vandling if he was present at the Counci meeting when this topic was beard some months ago. Mr. Vandlirq answered that he was not. Commissioner Adams explained, as past Cameo Community Associatior board member, that this item had been on the association agenda at leas five times over the last couple of years. He explained the drawings on thi wall to Mr. Vandh & The association was concerned about the change ' character on hand although with the cul- de-sac it was determined that resulting parcel would be consistent with a cul- de-sac wherein a buildhM ' might extend out into the street. A lot of work developing conditions as a pedestrian way from Cameo highland, has been done by the apphi wd. Staff commented that based on the maps and exhibits provided, the nem setback line will be approximately 4 feet beyond the old property line, sc approximately 19 feet beyond the previous 15 foot set back towards Coasi Highway. Commissioner Kranzlcy clarified that notices were sera out to residencei within 300 feet of the project as required. Mr. Silverstein commented that the husband of the next door neighbor, whc passed away, was the one who helped to draw the lines. He explained tblw he could have asked for a smaller front set back but hasn't. His . -26- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX plan will not extend beyond the current sidewalk this was done to avoid moving the public utilities within the easement. He has to add mother sewer and put up a wall that matches the existing one and build a cul-de- sac. Public Hearing was Closed. Motion * Motion was made to adopt Resolution No. 1416 recommending approval Ayes * * ** * of Amendment No. 838 to the City Council. M0110N CARRIED - 6 Ayes, I Abstained. Abstained s•r SUBJECT. Plaza de Cafes (Crane Realty Service, applicant) Item 6 4881 Birch Street • • Use Permit No. 1855 (Amended) UP No. 1 Allow the Use of the existing food Court facilities as an after -hours banquet Approved facility for events such as private parties and weddings. The request also includes the service of alcoholic beverages, use of live entertainment and the introduction of dancing. Staff commented that this application is an amendment to a use permit to Plaza de Cafes to expand the permitted uses to include special everts at times when the restaurants within the building are not in operation. An addendum staff report has been groom to the Commission to correct an wor to the existing hours of opening of the operation Assistant City Attorney Clawson recommended: • additional language on condition 12 to mead ......A manager or other responsible employee of the owner of the property shall be present on site during all events on the property, and at least one (1) uniformed security guard shall be present in the parking lot ..... • On condition number 11 delete the word `outside' to avoid confusion. • On condition number 17 amend wording to read ".....commission to promoter or any other person. Events shall not require payment of • -27- 955 COMMISSIONERS A � CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX door charge, cover charge or any form of admission charge, ' inclurfing minimum drink orders." Commissioner Kcanzley stated that the letter from the Police Depart on Item No. 3 of the proposed conditions requests two (2) unifiirmed security guards shall be present in the parking lot for the first two hundred (200). Ms. Clauson said she checked with the Police Department and they agreed to the proposed changes to have a manager on site and that would reduce the guards down to one. Public Hewing was Opened. Coralee Newman, 120 Newport Center , Suite 290 - speaking for the manager and owner of Plaza de Cafes stated that they have read the stall report and agree with the terms and conditions and proposed amendments to the use permit. They have worked with staff to create conditions that will • help facilitate the economic viability of this building and be a benefit to the City of Newport Beach. They have met with the Police Department and the manager of Sutton Place to discuss this proposal. She asks that the Commission approve this conditional use permit this evening. Carol Car, Honolulu - owner of the property spoke to the Coommission explaining that when she purchased this property site had no idea of the problems that had previously striated. She has deter that ftse problems were caused by a tenant that she has since evicted. Public Hearing was Closed. notion Motion was made for approval of Use Permit No. 1855 with additional Ayes * A _ + modifications to conditions and subject to the findings and conditions in Exhibit A. MOTION CARRIED - All ayes. • condition number 11, delete the word "outside" to avoid confusion. • additional language on condition 12 to read ;...... A manager or other responsible employee of the owner of the property shall be present on site during all events on the property, and at least one (1) ufformed security guard shall be present in the parking lot..... • -28- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX • condition number 17, amend wording to read ".....commission to promoter or any other person. Events shall not require payment of door charge, cover charge or any form of admission charge, ' mchuhng minimum drink orders." FINDINGS: 1. That the proposed development is consistent with the General Plan, the Koll Center Newport Planned Community District RWilahonii and is compatible with surrounding land uses. 2. That adequate on-ate and reciprocal parking on adjacent properties is available for the existing and proposed uses. 3. That the proposed development will not have any significard ' environmental impact. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.80.060 ofthe Municipal Code. 6. That the waiver of development standards as they pertain to walls surrounding the restaurant site, will not be detrimental to surrounding properties. 7. That adequate provision for vehicular traffic circulation is made for the facility . 8. That the limited use of the outdoor diming area will relieve majority of the concerns of the noise associated with the proposed use. 9. The approval of Use Permit No. 1855 (Amended) will not, under the ciraunstimces of the case be detrimental to the health, safety, • -29- COMMISSIONERS 0\�\Nffl®r\ CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX peace morals, comfort and general weffare of persons reading oi 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 stibstantial conformance with the approved site plan and floor plans, including the tentative plans, except as noted below. 2. That a minimum of 205 parking spaces shall be provided on -site at all times. 3. That the development standard pertaining to walls surrounding the restaurant site shall be waived. 4. That all signs shall conform to the provisions of the Koff Centet Newport Planned Community District Regulations. 5. That the live entertairanent and pro- recorded music shall be limi so that the sound shall be confined to the interior of the structure and finther that when the five entertainment is per%nned, al windows and doors within the facility shall be closed, accept who entering and leaving by the main entrance of the facility. 6. That any entertainment (live, disc jockey, etc.) provided shall no disturb any nearby business and shall not be audible outside of the building. 7. That the property manager or person or entity responsible for the scheduling of the off -peak and after hour events shall limit the use ol the outdoor dining area adjacent to the Birch Street side of the building. Should noise eananating from the outdoor dining ares become a probl in the responsible party representing the owner shall prohibit such use and shall remove the tables and chairs from that area during such events. . -30- COMMISSIONERS • M03 L CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX 8. That the property manager or person or entity responsible for the scheduling of the off -peak and after hour events on behalf of the property owner, shall fiumsh to the Planning Department and the Police Department a list of the upcoming events on a monthly basis at least two weeks prior to the firer day of the month. Also that any revisions to the Hsi submitted shall be made in writing to the Revenue Division, Police Department and the Platming Department a minimum of two weeks prior to the date of the event. 9. That the property manager or person or entity responsible for the scheduling of the off -peak and after hour events on behalf of the property owner, is encouraged to notify the neighboring hotel management to discuss scheduling of events to facilitate the occupancy of the hotel rooms away from the facility side of the property- 10. That this approval shall not be construed as permission to allow concerts or a theater/nightclub use as defined by the Municipal Code, unless an amendment to this use permit is first approved by the Planning Commission. 11. That no event shall be conducted unless in conjunction with the service of food. 12. A manager or other responsible employee of the owner of the property shall be present on site during all events on the property, and that at least one (1) uniformed security guard shall be present in the parking lot for the first 200 guests, then one additional uniformed security guard for every additional 1 guests and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of property by nearby business tenants and hotel patrons. Said personnel sham be clothed in such a manner as to be readily identifiable as security. 13. That the hours of operation shall be from 7:00 am. to 11:00 p.m. Sunday - Thursday, 7:00 a.m. to 12:00 midnight, Friday, Saturday -31- COMMISSIONERS .�nA�Q �s°2 �G�9f'9p� <� CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX and Holidays; live a te,rtamment and dancing is limited to between the hours of 5:00 p.m. to 11:00 p.m., Monday through Thursday, 5:00 p.m. to 12:00 midnight, Friday and Holidays; 12:00 noon to 12:00 midnight, Saturday; 12:00 noon to 11:00 p.m., Sunday. Outdoor Dining 8:00 am. to 10:00 p.m., daily. Further, that any event which wishes to operate beyond 12:00 am. midnight, shall be abject to approval of a special event permit issued by the Revenue Division and approved by the Police Department. Said special event permit shall be submitted to the Revenue Division at least 30 days prior to the date of the event, to allow adequate time for the Police Department and other City Departments to review the application and to impose additional conditions of approval. 14. That the use of the outdoor dining area for service of food and beverages shall be limited to between the hours of 8:00 a.m. to 10:00 p.m., daily. That after 10:00 p.m. the outdoor dining area shall be physically closed to the public by means of a fixed barrier acceptable to the Planning Department. 15. That any graffiti painted or marked upon the premises or on an adjacent area under the control of the licensee(s) shall be removed or painted over within 48 hours of being applied. 16. That prior to the implementation of this approval or scheduling of any off -peak hour event or special event permit issued by the Revenue Division, the parking lot of the premises shall be equipped with lighting of sufficient power to illuminate the parking lot at a level of at least 1 foot candle of power, measured at ground level and being equally dispersed. Applicant shall provide a statement from a certified electrical engineer, specializing in lighting, that such a lighting requirement is met, unless otherwise approved by the Police Department. 17. That the applicant shall not share any profits, or pay an percentage or commission to a promoter or any other person. Events shall not require payment of a door charge, cover charge -32- COMMISSIONERS 4 4 soy c��goJ �V MINUTES CITY OF NEWPORT BEACH December 7, 1995 ROLL CALL INDEX or any form of admission charge; including mimmum drink orders, or the sale of drinks. 18. That grease interceptors shall be installed on all fixtures in the restaurants where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 19. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Budding Department. 20. That the restaurant facility and related parking shall conform to the requirements of the Uniform Building Code. 21. That the project shall comply with State Disabled Access 22. That emergency Lighting, battery back -up exit signs shall be provided prior to the implementation of the proposed banquet facility Use. 23. That a complete fire alum, fire sprinkler and monitoring system shall be histalled prior to the Lnplenatation of the proposed banquet facility use. Also that quarterly fire sprinkler inspections, professional yearly fire alarm inspections, repair and maintenance of all one hour rated exit corridors shall be provided. Furthernxwe, posting of maxinaim occupancy loads and candle permits shall be approved by the Fre Departmer t. 24. That exiting plans shall be reviewed and approved by the Building Department and the Fine Department prior to motion of the proposed banquet facility. 25. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to father review by the City Traffic Engineer. -33 COMMISSIONERS 4 1011 \0 )R91 5\ CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX 26: That a valet operations plan shall be prohibited unless at amendment to this use permit is approved by the Plannirq Commission 27. That all employees shall park on -site. 28. That all trash areas shall be screened fimmm adjoining Properties ink streets. 29. That no outdoor loudspeaker or paging system shall be permitted ' conjunction with the proposed operation. 30. That a washout area for refuse containers be provided in such a as to allow direct drainage into the sewer system and not into th Bay or storm drains, unless otherwise approved by the Buil ' Department and the Public Works Department. 31. That the approval is only for the establishment of a restaurant bp facility as defined by Title 20 ofthe Municipal Code, as the principa ' purpose for the sale or service of food and beverages with sale arx service of alcoholic beverages incidental to the food use (i.e. wedding receptions, ban and similar type functions). Further that any event which is contemplated not to operate with the sal or service of food and beverages as the principal purpose (i.e. cocktail reception or mixer), shall be subject to the approval of special event permit issued by the Revenue Division am approved by the Police Department. Said special event permi shall be completed and submitted to the Revenue Division a least 30 days prior to the date of the event (unless othe arrangements are made with the City Departments), to allo adequate time for the Police Department and other C' Departments to review the application and to impose additionaJ conditions of approval. 32. That a Live Entertainment Permit and a Cafe Dance Permit shall Ix approved by the Revenue Division, in accordance with procedurei set forth in Chapter 5 of the Municipal Code. -34- COMMISSIONERS •yo�`o �,��F9y 4 CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX 33: That the Placming Commission may add to or modify conditions 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' detrimental to the health, safety, peace, morals, comfort, or genera welfare of the community. 34. That this Use Permit shall expire unless exercised within 24 from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Commission adjourned for a five minute recess * ** SUBJECT: "McDonald's" Restaurant item 7 2807 Newport Boulevard (John Lardas, applicant) • Use Permit No. 3516 (Amended) up No. 3 Addition to an existing take-out restaurant, to enclose the walk -up Approved window. Also included is a request to waive a portion of the required off- street parking. Commissioner Adams stepped down from the dais because of a possible conflict of interest. Staff stated that they had earlier that day received a request firnn one of Cotmnissioner's to check with the Newport Beach Police Department as whether there had been arty police reports on problems associated with operation of this particular fast food business. The records were and showed there were no reports found in regards to loitering or problems in the take out tines. However, as noted in the addendum repot, there are ctmently code enforcement actions for conditim compliance for certain items relative to the original approval. Those iteme relate to planting, entrance signs with logo. The third item regar -35- 516 COMMISSIONERS •9��\ s0�y�90< CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX entrance signs have been replaced today. However, there is still on- ' code enforcemerrt procedures on the other two conditions. As a result ar added condition No. 12, requesting that prior to the issuance of buildiN permits for the proposed enclosure, all applicable conditions on approval Use Permit No. 3516 be satisfied including all conditions related tc directional signage. Staff was available to answer Commission questions. Chairman Ridgeway asked the number of directional signs having the on them He was answered by stag none now that we are aware of Public Hearing was Opened. Mr. Jewry King, JA King and Associates, Inc., 130 Newport Center Drive Suite 140 representing the applicant addressed the Commission. He staft that the applicant has read the staff report and agrees to the findings arx conditions of the Use Permit No. 3516 on Exhibit A. He then addressed th issues raised by staff and stated that all items have been corrected specifically the directional signs containing the logo. The signs placed in th panels today are ones with no logos They are now in full compliance wid the fisted conditions. Commissones Kranzley asked about possible seating in the proposix enclosure. He was answered that the intent of the enclosure is to the weather and protect people who cane up to the window and as an arei for condiments. Commissioner Selich asked why in a relatively new building this was not in the original plans. He was answered by Mr. King who said ' project was originally a larger one and included a significant outside area. The seating was not the issue but rather the traffic generated. entire project was reduced in size eliminating outdoor area and any enclosed area that might have gone with it. As a result, what was ' to be a drive thin and walk up facility with some seating inside ended up being a fiva'lity with walk up windows fidly exposed to the elements. With the enclosure, the area will be march easier to maintain. Mr. King the werd on to say that he had contacted the people in the area who had some . -36- COMMISSIONERS •��`9oc�tS��f- CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX concerns about the original facility and discussed this project with them These did not appear to be any opposition. Public Hearing was Closed. Motion * Motion was made for approval of Use Permit 3516 (A) subject to Ayes * * * * * the findings and conditions in Exhibit A and additional condition No. 12. MOTION CARRIED - 6 Ayes, 1 Abstain. Abstained Fbidim: I. That the proposed development is consistent with the General Plan and the Local Coastal Program Land Use Plan and, as conditioned, is compatible with the saurowrding land uses. 2. That the project will not have any significant environmental impact. • 3. That is to accommodate the adequate parking available on -site existing and proposed uses, inasmuch as many customers will walk to the site from the surrounding beach and residential areas or use the existing drive - through facility. 4. That the waiver of the take -out development standards as they pertain to perimeter walls around the parking areas will be of fiuther detriment to adjacent properties, inasmuch as the,existing ' project includes perimeter landscaping which provides sufficient ' visual buffer of the on -site parking areas. 5. That the design of the proposed improvements will not conflict with ' any easements acquired by the public at large for access through oi use of property within the proposed development. 6. That public improvements may be required of a developer pet Section 20.80.060 of the Municipal Code. 7. That the approval of Use Permit No. 3516 (Amended) will not, under the circumstances of this case, be detrimental to the health, • -37- COMMISSIONERS T� 9�0� ` 4 3N �a CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX safety, peace, morals, comfort and general welfare of perami residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That deve went shall be in substantial conformance with tim approved site plan and floor plan, except as noted below. 2. That the development standard pertaining to paw lot walls tm waived. 3. That the development standard pertaining to a portion of thi required parking (5 spaces) shall be waived. 4. That Coastal Commission approval shall be obtained prior to thi issuance of building permits. 5. That all signs shall conform to the provisions of Chapter 20.06 0 the Municipal Code. 6. That all applicable previous conditions of approval from Use Permit No. 3516 shall remain in effect. 7. That trash receptacles for patrons shall be located inCOMICIUM locations inside and outside the building. 8. That the project shall comply with State Disabled requirements. 9. That the handicap parking and proposed handicap ramp Ix relocated so that the ramp area is located within the brick pavec area The location and design of the handicap ramp shall reviewed and approved by the Traffic Division. . -38- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX 10: That the Planning Commission may add to or modify conditions off 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 ' detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. That this Use Permit shall expire unless exercised within 24 mondu from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 12. That prior to the issuance of building permits for the proposed enclosure, all applicable conditions on approval of Use Permit No 3516 be satisfied including all conditions related to directions] signage. ss• SUBJECT: Morgan Development item 8 507 -521 Orange Avenue • General Plan Amendment No. 95.3 (E) ..GPA No 95 -3E • Amendment No. 837 • Site Plan Review No. 75 SPR No 75 • Resubdivision No. 1021 aesab No 1021 • a modification to the Zoning Code to allow a Modification 1 Toot 10 inch encroachment into the to zone Code required 6 foot 10 inch side yard setback adjacent to 15th Street. A General Plan Amendment to redesignate the property for Muld Family Approved Residential use and to establish the permitted density of development rezone the property fran the "R 2" District (Two-Family Residential) t "MFR (8du)[1.5 x B.A.]" District (Multi- Famrily Residential) and the approval of a site plan review for the proposed developmenL -39- .COMMISSIONERS N \\,ro*,,. CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Staff reported that this is a series of applications which would allow the construction of an eight (8) unit townhouse, condominium type project or Orange Avenue near 15th Street in Newport Heights. The taste effect of dx changes would be to after the density for the site in question which currentb would allow 4 dwelling and double that density to 8 dwelling writs. Tht applicant has provided colored site plans that are posted on the wall for Commission consideration Staff was available for Commission questions. Chairman Ridgeway stated that they had received two letters tonight ir opposition and wanted to verify that the applicant has been given a copy o them Public Hearing was Opened. Mr. Tod Schooler , 500 North Newport Boulevard r�reseoting applicant and project architect spoke to the Commission. Iie began speaking of the history of this particular parcel and continued by how his client started and met with the City representatives on ideas, and scale of plan His building is below the FAR to allow for design o smaller scale, in the concept of an R2 project. This project has one modification for a garage facing onto 15th Street resulting from suggestions of the development review committee. In response to Commission inquiry, Mr. Sclmoler stated that he had read the staff report and agrees to the teens and conditions attached to each oJ the items. Ms. Stacey Weis, 3233 Broad Street spoke in opposition to thi development expressing concerns with a multi- fatm'ly residence in thi location. She then compared the tot sizes to other property sizes statiq that if 8 units are allowed for this parcel, then this may set a precedence fo larger lots to be granted 8+ units. Her expressed concerns were that ther appears to be a different standard applied to that area of Newport Height than for the Santa Ana side. Tins area is R2 and she fives in there, now yot are talking about 8 units. The average size of those condos will be 1, square feet with prices lower than the condos in the area are going for now COMMISSIONERS •,\i \ o - 9p9Of �\ 4 CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX She concluded by comparing tins proposed project unit size to others thal currently exist. Mr. Jerry Tucker, 466 Flower Street, Costa Mesa owner of property at Old Newport Boulevard spoke to the Commission supporting this proposal. He questioned the rear elevation of this project. He asked for additional landscaping in the rear, to disallow the allocation for an increase of the property by 11% for fiture modest additions and trash enclosures should be placed on the project. Mrs. Carol Tucker, 466 Flower, Costa Mesa, co-owner of building at Old Newport Boulevard - spoke in opposition to this project citing high ' density, setting a precedent and The look of the unit with 8 houses instead of 4. Mrs. Dolores Boroles, 510 Old Newport Boulevard - spoke to the Commission in opposition to this project citing parking problems. She then questioned Commission about Old Newport businesses. She was assured by Commission that Old Newport is in transition and this will be continued. Commissioner Adams asked Mr. Schooley what the trash receptacle provisions were and provisions allowing for additional square footage for minor modifications. Mr. Schooler stated that each unit will have their own trash can. However, there is space for a trash enclosure and if Commission wants, this can be dons;. Staff commented that in the City of Newport Beach residential projects o this nature do have the option to elect for normal trash services as avaiWA in residemial areas. Or, in an association of this nature, they can havi commercial trash pick -up which would be paid for separately. If you do pu out trash cans, there is no extra cost. There are codes being enforced by th General Services Dept. governing the hours which trash cans can be placed and also must be taken back in to a closed door or non - visual area. 41- COMMISSIONERS FF CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX The nature of the provision for additional square footage allowing for minoi modifications was to allow for flexibility in the design process but, given the site design, staff felt it was possible that an individual may be interested it dosing a patio with a possible living room addition that could bg accommodated within the site plans and setbacks. However, this could Ix omitted within the context of the site plan review. This patio enclosurc would be subject to normal zoning and building department review. If requested any encroachment into the setbacks or any other diversions fion the zoning code, then they would have to go through the appropriatx process winch could involve Plaiming Commission review. Mr. Schooler added that there were some sift modification changes thit amount to approximately 200 square feet to the entire project. If they art limited to a building permit issued to that final square footage, then thw would preclude anyone from coming in and deciding to do any additions oi change building characteristics. He concluded by saying that the Associatior and the CCR's will not allow any addition to these units under condition. Chairman Ridgeway concluded that then this condition could be deleted. Mr. Schooler then proceeded to the exhibits showing where the landscap will be going in and gave an explanation to address Mr. Tucker's cans. Public Hearing was Closed Commissioner Selich stated that this is a well designed comllookimng benefits would be new construction to the area with public improvements the alley way. The zoning issue, however, is a concern as it ap spot zoning. With the approval of the concept, it would set the in the area. This would send a message that perhaps the red properties should be considered for increased zoning density concern is the interface with the canunercial and residential intensify the use of residential use potentially in the future creating mon points of conflict. It would be bad policy to take one parcel like this tc create a type of zoning density that is out of scale and out of character in thi neighborhood even though it is a rice project and well designed. If ttv -42 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Commission does approve this tonight, it would be important to make statement that the approval of the zoning on this site does not indicate that ' is something that Commission would be in favor for the rest of the parcels. Commissioner Adams observed that from the physical lay out of this area ' different as it stands out in the end of the neighborhood. The lot shape some of the other discussed considerations reduce the likelihood that precedence would be set for the rest of the area. There are uniqw characteristics present that are not on the other R2 lots. The position the residential next to commercial, although the relative intensity is marginally different than the other R2 lots, is not going to create much mon of a problem than if it were developed under current zoning. He askec about the uses on the other side of the alley. Chairman Ridgeway answered at the comer of Orange and Old Newport ' an office building, directly behind that is a SCE sub - station, moving up O . Newport at 15th there is an optometrist then Mr. Tucker then Mrs. Bowlei (the only residential). Commissioner Adams stated that the land uses appear to be as compatible as possible for that type of interface between business and residential. Commissioner Pomeroy stated that it appears that the Planning Public Works, everybody has worked out something they feel is an appropriate use for this site. It is quite common to buffer commercial and lower density residential with multi- frunily. He does not see it as being bad planning; certainly there is no precedence being set here for the rest of the R2 properties. He would support this item. Chairman Ridgeway reaffirmed Commissioner Selich's continents about not setting precedence and would like to see put in the Findings within this unique situation wording relating to this not being a precedence . Commissioner Gifford stated that she is in agreement that this is intended to be a precedent, it is generally accepted that no individual zoniq decision that is specific to a particular parcel necessarily sets a precedence. -43- COMMISSIONERS 4 i S \kV, W\ 99 CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Her concern is making a finding and putting into the record that this does not set a precedent would be the implication of all the times we do not that. This parcel clearly has some unique characteristics. Assistant City Attorney Clauson verified that in agreerruent wid Commissioner Gifford's statement that factors can be clearly established ir the record that are unique to this property, that would be wfficient. Thu would not be precedence setting for any other application. Commissioner Pomeroy stated that in making this motion it is not intention to make any type of precedence setting regarding the properties in the same general area Commissioner Thomson stated this area is too dense. It is nice to have buffer between the commercial and the residential, but 8 units on thi- property (15,000 square feet) or 22 units per acre is too dense. Thesewil be small units of 1,400 square feet; the plan is terrific and it is a great use o . the property, but he believes that this is too much He would suppor cutting this back and not worrying about setting a precedence, he would Uk it to be less dense. tion Motion was made for approval of General Plan Amendment No. 95 -3 (E) adopting Resolution No. 95- 1417 and for approval of Amendment No. 83 and adopt Resolution No. 95 -1418 and for approval of Site Plan No. 75 anc Rembdivision No. 1021 in accordance with the findings and condidom removing the 11% which will be recalculated and adjusted accordingly bj staff. Commissioner Gifford stated she will be supporting the motion, bu expressed a commitment to maintaining lower density zoning and th upgrade of the neighborhood. She has driven the property in reviewing thi project and as everyone has commented, this is an excellent project. It ha the potential to take care of a piece of property that does have some uniqu characteristics m terms of location, pre - school and what will be abandoned sub - station and other properties behind it. It can do for th neighborhood in the context of that piece of property what she would like -44- COMMISSIONERS * W \* OR X-01\0\ CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX to see for it in what otherwise might be low density zoning. She aWessed her support of this motion. Ayes * * * MOTION CARRIED - 5 Ayes, 2 Noes oes A. General Plan Amendment No. 95 -3(E): Adopt Resolution No. 1417 (attached) recommending to the City Council the adoption of General Plan Amendment No. 95 -3 (E), amending the Land Use Element of the Newport Beach General Plan so as to redesignate property located at 507 -521 Orange Avenue, from "Two Family Residential" use to " Multi- Family Residential" use and requiring site plan review of the initial development of the property. B. Amendment No. 837• • Adopt Resolution No. 1418 approving Amendment No. 837, amending portion of Districting Map No. 25, to rezone the property from the "R -2" District (Two-Family Residential) to "Iv¢R (8du)[1.37 x B.A]" District (Multi -Family Residential); C. Site Plan Review No. 75. Approve the site plan review, malting the following findings and with the following conditions of approval: Findinss: 1. That development of the subject property will not preclude impleanentation of specific General Plan objectives and policies. 2. That the value of property is protected by preventing characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate plate of structures and failure to preserve where feasible natural landscape features, open spaces, and the like, resulting in the impairment of the benefits ol occupancy and use of existing properties in such area. • -45- COMMISSIONERS k\01%iR0iw,1-0\ CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX 3. That benefits derived from expenditures of public fimds improvement, acquisition and beautification of streets, parks, other public fiwilitim are maximized by the exercise of controls over the layout and site location characteristics of th proposed development. 4. That unique site characteristics are protected in order to ensure ths the community may bent from the natural terrain, harbor aim ocean, to preserve and stabilize the natural terrain, and to protec the environmental resources of the city. 5. That the proposed development fully conforms to the development standards for the MFR District, with the exception the proposed modification to the Zoning Code, as recommended fo City Council approval by the planning Commission in Amendinert No. 837 and Site Plan Review No. 75. . 6. That the development is compatible with the character of th neighborhood and will contribute to the orderly and harmomo development of surrounding properties and the City. 7. That the development has been designed to minimize impacts oo public views from existing public streets and sidewalks. 8. That there are no known archeological or historical resources on site. 9. That there are no environmentally sensitive areas on -site. 10. The property does not contain any areas of unique geologi hazards. 11. That the proposed project will meet City noise standards for th deweloP • 12. The site plan and layout of buildings, parking areas and pedestrim and vehicular access are functional in that the project has bea -46- COMMISSIONERS 4i I \Nmoli CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX designed so as to limit vehicular access to the site from the alley, with the exception of a two car garage, accessing fiiom 15th Stred. 13. The development is consiaent with surrounding land uses and witb the goals and policies of the General Plan as recommended for ' Council approval by the Planning Commission in GPA 95 -3 (E). 14. That mechanical equipment and trash areas will be screened fim view of neighborung properties and public streets. 15. That the Districting Map No. 25 has incorporated density and intensity requirements which limit the allowable construction to maximum of 1.37 x the Buildable Area of the site 14,139 sq.ft. of gross floor area, this figure excludes the 200 sq.ft credit for each enclosed parking space). 16. That the approval of the proposed project will not, under du circumstances of this case, be detrimental to the health, safety peace, morals, comfort, and general welfare of persons residing working in the neighborhood or be detrimental or injurious tc property and improvements in the neighborhood or the genera welfare of the City . That the approval of the modification to tim Zoning Code is consistent with the legislative intent of Tile 20 the Municipal Code. 17. That Site Plan Review No. 75 will not become effective unless arx until General Plan Amendment 95 -3 (E) and Amendment No. 83 are approved by the City Council. Conditions: 1. That the proposed development shall be in substantial comphanrA with the approved site plan, floor plans and elevations, except ai anted below. 2. That all conditions of approval of Rembdivision No. 1021 shall be filled. -47- COMMISSIONERS A ��DS ��1,0 2 CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX 3. That the on -site parking, vehicular anxilation and pedeshm circulation systems be subject to fwther review by the Traffik Engineer. 4. That the Public Works Department plan check and inspection fee Ix per• 5. That both buildings shall be equipped with a fire protection systeff (sprinldered) acceptable to the Fire Department with a UL listed Central Station, and tested by the Fire Deparhnent. 6. That the fire sprinkler system shall be properly maintained at al times and shall undergo a State Fire Marshal Certification inspectiot every five years. 7. That any interior alterations to the structures shall be subject to thi issuance of a building permit reviewed by the Building Departmen and Fire Department. 8. Any rooftop or other mechanical equipment shall be sounc attenuated in such a manner as to achieve a maximum souix level as specified in the Noise Ordinance Regulations of tlu Newport Beach Municipal Code. 9. That trash shall not be stored outside of any structure excep when placed for pick -up on the regular refuse collection day. trash enclosure shall be required if receptacles are to be stom outside of a building. 10. That Site Plan Review No. 75 shall not become effective w until General Plan Amendment 95 -3 (E) and Amendment No. 83 are approved by the City Council. 11. That this Site Plan Review shall expire unless exercised within 2 months from the date of approval as specified in Section 20 .01.07 K of the Newport Beach Municipal Code. .-49- COMMISSIONERS y 9, 9� L CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX B. Resubdivision No. 1021: Findings: 1. That the design of the subdivision improvements will not cori i with any easements acquired by the public at large for acce through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer PC Section 19.08.020 of the Municipal Code and Section 66411 0 the Subdivision Map Act. 3. That the map meets the requirements of Title 19 of the N 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. . 4. That the proposed resubdivision presents no problems from planning standpoint. Conditions: 1. That a parcel map be recorded prior to issuance of B Permits unless otherwise approved by the public WorPlanning Departments. The parcel map shall be prepared J�on California . coordinate system (NAD83) and that prirecordation of the parcel map, the surveyor /engineer prthe map shall submit to the County Surveyor and the Newport Beach a digital - graphic file of said map in a mannet described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual Subarticle 18. 2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9-330 and -49- COMMISSIONERS exk" -11M41r�\ CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (on inch iron pipe with tag) shall be set On Each Lot Comer unless otherwise approved by the Subdivision Engineer. Momttnent shall be protected in place if installed prior to completion o construction project. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That a standard subdivision agreement and accompanying sur be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a parcel map oi obtain a building permit prior to completion of the public improvements. 5. That each dwelling unit be served with an individual watei service and sewer lateral connection to the public water anc sewer systems unless otherwise approved by the Public Work, Department and the Building Department. 6. That the on -site parking, vehicular circulation and pedestriat circulation systems be subject to further review by the Traffic Engineer. 7. That the intersections of the streets at the alley be designed tc provide sight distance for a speed of 30 miles per hour. Slope landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight ' shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non - critical locations, subject t approval of the Traffic Engineer. 8. That a 15 foot radius corner cutoff at the comer of 15th Stred and Orange Avenue be dedicated to the public. . -50- COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX 9.. That County Sanitation District fees be paid prior to issuance of any building permits. 10. That street improvements be constructed along the Orange Avenue and 15th Street frontages. The improvements shall include curbs, gutters, sidewalks, curb access ramps and asphalt street paving. That the existing fire hydrant and power poles located along the Orange Avenue frontage be relocated as necessary in order to construct the required street improvements. That standard City street lighting be constructed along the Orange Avenue and 15th Street frontages unless otherwise approved by the Public Works Department. That the proposed landscaping be removed from the alley right -of -way at Orange Avenue and that full width concrete alley improvements be constructed to City standards between Orange Avenue an 15th Street. That all work be completed under an encroachment permit issued by the Public Works Department. 11. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 12. That a drainage study be prepared by the applicant and approved by the Public Works Department for the on -site improvement prior to recording of the parcel map. 13. That the Public Works Department plan check and inspection fee be paid. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by propei use of traffic control equipment and flagmen. Traffic contra and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 15. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.1 -51- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable o impractical. 16. That an encroachment Agreement be executed for any non- standard improvements to be constructed within the Public right- of-way. 17. That a park dedication fee for sox dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code prior to recordation of the parcel map. 18. Pursuant to the City of Newport Beach Noise Ordinance Sectio 10.28. 040, construction adjacent to existing residentia development shall be limited to the hours of 7:00 a.m. to 6:3 p.m. Monday through Friday, and 8:00 a.m. through 6:00 p.m on Saturday. Construction shall not be allowed outside of thesi hours Monday through Saturday or at any time on Sundays an federal holidays. Verification of this shall be provided to th Planning Department. The City will ensure that constructio time limits are enforced for the duration of construction activi on the project site. 19. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is gnmted by the Planning Commission. sst . -52- COMMISSIONERS • K4 \ 'oc\N W \ L 4 CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX SUBJECT: Sanderson J. Ray Development - Corinthian Item 9 4343 MacArthur Boulevard • Modification No. 4376 4odificat . No. 4376 Establishment of a sign program in conjunction with the cornstruction of new commercial center, on property located in the Newport Place Planned Community District. Staff stated that this item was originally submitted to the Modificatiom Partial Committee for approval. It is a comprehensive sign program fora new Approval retail commercial development. Given the plan and elevation shown on the partial board, it is the kind of proposal that the Modification Committee did continua: feel entirely comfortable approving and wanted the advice and ultimate decision of than Planning Commission. In Newport Beach there is no architectural review to address situations as design or colors. The items are additional signs, height and numbers that are presented in the sign program. Chairman Ridgeway commented that this illustrates a need to revisit the sign criteria in the City of Newport Beach. Since we are in a zone change mode, he urges that this sign criteria be addressed. He continued by stating similar past instances concerning sign criteria. Staff pointed out that the comprehensive look planned for the zoning code is an important project and to combine a comprehensive revisit to the sip code has the potential to bog that entire program. It is understood the desire to revisit the sign provisions, a number of committees including the Balboa Peninsula Plammmg Advisory Committee has made comments in tw- o area It is important for staff to receive direction and for a priority to established for that project. As a matter of preference and desiring to some of the more comprehensive amendments to the wring cod accomplished, comprehensive amendments to the sign codes tend to years rather than months. It is staffs choice to address this as a separat project but perhaps as a follow up issue to the zoning ordinance. Staff available for Commission questions. -53- Lon and I ce COMMISSIONERS i ' F CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Public Hearing was Opened. Mr. James W. Ray, of Sanderson L Ray Development 2699 White Road Irvine - addressed the Commission stating they are aware of the unusua architecture. This is a serious effiort by his group to create a meaningfu project. He expressed concern in two area of the staff report in respect tc the signage. He then referred to the placement of the signs in question or the exhibited boards. There are six signs which come down the corrugma sided panes, shown to be 28 inches which staff feels is excessive. This is integrated to the structure of the building. They are agreeable to reduci the height of those signs from 28 inches to 24 inches and agreeable to cam the area occupied to be reduced prorata. The other expressed staff COWAM he addressed was the mural. It is 144 feet long by 16 feet high starting at point 8 feet above the ground. This mural is a follow up to policy incorporate public art into their projects. The design is the architect's states this is not subliminal advertising nor a device to introduce an illegs sign. He understands staff concerns but states this is not the case and woulk . like to pass the exhibit board for Commission examination. Chairman Ridgeway stated that he would like to see the exhibit first hand Assistant City Attomey Chauson then proceeded to read the definition of th sign as they were perusing the exhibit boards. "The; term `Sign' shall any media, including their structure and component parts which are used intended to be used out -of -doors to attract attention to the subject matte for advertising, directional of informational purposes. The area of a sqp shall mean the space enclosed by the outer dimensions of the sign, or, there is no border, the area shall be the space enclosed by sets of paralle lines containing the wording or images composing the sign." Mr. Ray continued by stating that there will be sir tenants including a drj clearrer, sandwich shop, a ,price club, a Mexican restaurant and onaita restaurant and a bagel or coffee shop. Commissioner Pomeroy suggested that the choice of colors as shown wal discordant. Mr. Ray answered that they have not made a decision on thi colors as yet, that they intend the building be whimsical. The location i . -54- COMMISSIONERS 4\k\Ol CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX removed from any residential and they have the opporhiirity to dc something unique and meritorious. He then proceeded to explain the current architecture and construction of the buildings. Commissioner Gifford asked for an orientation of the renderings for tlx Staples sign. Chris Denuder, Signage Solutions, 1336 Alex Street, Anaheim spoke to Commission and explained the renderings showing the location of the various proposed signs. These signs are proposed on three sides of the building. The Staples sign will be 60" for all three elevations; the east elevation will also include a secondary signage, the corrugated one voth several tenants listed will be integrated as part of the building each sign ' approximately 7 sq. ft in area. Commissioner Ridgeway stated that this is a most aggressive sign prograin with 5 ft. letters on three sides of a building, a monument sign that is 20 feet high with letters ir. Commissioner Kranzley commented that the building itself is a sign just from the way it looks. This building attracts attention in and of itself with the colors and he stated that with the big sign on MacArthur, thinks it might be too much. There is nothing like that in the area, the building and colm are a statement. Mr. Denuder stated that the color might be a pale yellow to coordinate with the building pallet and also in the structure itself. All the signage done fbi the tenants lends itself to a more icoiic menage that is interactive to look at It portrays better what a tenant is all about. Commissioner Adams asked why an exception to the sign ordinance be considered by the Commission. Mr. Deruder answered that in what was originally planned there, calls for the size of letter that works for office building. This is clearly a retail developer in which world not have a four inch high letter on their projects. The tenants looking for a better signage opportunity. The texture, colors acid have been developed with upscale materials. . -55- COMMISSIONERS • % °�� 1 0� CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Chairman Ridgeway asked for a clarification of the reason for these 5 letters that are visible from a distance away. This project is within a area that knows Staples will be there, there are no sigbt distances that art that far away. This is not just identity, people know its there. Mr. Deruder explained that the use of these signs is within the scale of the project itself. He affirmed, when questioned, that when he designed tim Staples he was aware of the city code regarding signs. He also conceded the size of the Laguna Miguel signs for Wal MardMavyns sign criteria was feet high with the frontage on Alicia Parkway on an 18+ acre center . Chairman Ridgeway affirmed this sign criteria is overly aggressive and is toc much. He suggests that with the architecturd statement on the buildings, lot of the identity could be accomplished with less There are too mam signs that are too large. The large pylon sign on MacArthur Boulevard is out of character with the entire greet. There is too much signage. Mr. Ray stated that Staples intends to be open the next week. He is for some agreement with that signage. He is willing to make a application for the balance of the signage, but is asking that Staples signag be addressed tonight. Commissioner Pomeroy stated that he is prepared to make a decision on tim building signs, he has a problem with the monument sign because of tim scale and that it is so different from everything else on NlacArthui Boulevard. A lot of time has been spent in discussion for signs to be kepi on the same scale. Commissioner Gifford stated that sire there is not a lot of visual cluttei that exists in that area, the sign program proposed is rather extensive She does not feel that there is a need to compete for someone's attention in that area She would like to know what could be done for identificatim fm Staples under the existing program. Two of the three proposed Staples signs are within the existing program and would not require Commissm action. -56- COMMISSIONERS 4iKt40\*N� Mot CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Staff answered that two of the Staples signs are consistent with the code written. It is up to the Commission to determine the height of the letters bu the signs on the Staples building themselves are not an issue with staff Commissioner Sefich asked if the sign regulation for the Newport Plannec Comummdty was the same as that in the zoning code. Are we looking for modification for those regulations or for sigoage that is in excess of wha the standard requirements would be if this was in a commercial zone. Staff answered that we are looking at modifications required since the sw ' program.proposed is not consistent with the provisions of the Newport PC text. This sign program is more than what our sign program allows becaust there is more than one monument or pole sign on a single side. For instaw the pole sign standard in commercial district is 20 feet so the larger Staplei sign probably could be permitted The City has a very liberal sign code. Commissioner Thomson agrees that this is way out of proportion with tim main identification signs and they are going to have to open this place up He proposes a compromise to put up the two smaller signs that are it compliance with the rules. Chairman Ridgeway stated that they are suggesting approval of the wal signs. Staples is free standing and they are within the sign criteria wthou ' coming for discretionary approval. Since they are requesting signage or three facades when they are limited to two facades only It is a unique so and offers frontages in many different directions. He suggested that tim applicant erect two of the wall signs and come in with a request fora thin sign. ion * Motion was made for approval of the three wall signs on the Staples stort as submitted and a continuance of the monument and shop signs and thi mural to the next Planning Commission meeting on January 4, 1996. Commissioner Adams stated that if they are going to come back, othei issues should be discussed such as the mural. They may come back with program that addresses our concerns on the free standing signs and ther someone may decide they do not like the mural on it. . -57- COMMISSIONERS 4 1P0\4R,1R0,x-i10\ CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Commissioner Pomeroy stated that he him the idea of the mural, but, doo not like the big monument sign citing that it is too big and out of place ark needs to be adjusted. He is concerned with the colors as they are out of character. Commissioner Kranzley commented on the art of the mural. Assistant City Attorney Clauson stated that one of the decisions the commission needs to make is if the aural falls within the definition of ' With no w- chitectural review, if it is determined not to be a sign than it is art There is no provision in the code to regulate murals. Mr. Sanderson stated that there is no subliminal message in this mural, nc brands or products. The artist developed this image and was not ' intended to be an advertising vehicle. It is intended to be art. Chairman Ridgeway stated it's art that suggests that you may have coffee on the premise. If you have a bagel shop, you would have coffee. Commissioner Adams stated that he likes the idea of public art on this mura but does not want to approve something that may technically be a sign anc violates the code. Commissioner Kranzley questioned what would happen if the next applican comes in and wants to put up a aural that has a product in their store arK says you approved the Staples mural and there is a coffee shop in there. I would become difficult to maintain the correct distinction. Commissioner Gifford agrees that in terms of the mural, she would consida that what is depicted here, whether coincidental or not, is too close to wfw is offered to not fall under the sign code. The idea of a mural is terrific; she would not vote for a 20 foot sign, 6 or 8 feet maybe; she would look at thu, ' in the context of not competing with a lot of other visual clutter in the area The colors are fine. -59- COMMISSIONERS I mmiol -, CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Commissioner Adams also does not have a problem with the colors, likes the architecdue; and the mural image, but may have a problem with it a precedent setting stand point. Mr. Ray stated that what he is hearing from the Commission is to come back with an image that does not relate to food service or anything else relative to a tenant within the complex; the movement sign on MacArthur is too tall and the signs on the fin on the south side are too large at 28" or 30 ". Ms Clauson reiterated that if the mural is determined to be a sign than it can be approved as a sign as part of the modification. Chairman Ridgeway stated that a site plan needs to show the presentation ol the signs fronting MacArthur Boulevard, Corinthian Way and Birch Street. MOTION CARRIED. Fm 1. That the proposed development is consistent with the General Plan and that the height, size and number of the proposed signs, as approved fix the the Staples building, is compatible with the general commercial uses on the site, as well as with the surrounding neighborhood. 2. That the sign program for the Staples building, as approved, is a use of the property that would be precluded by strict application of the sign requirements for the district. 3. That this project has been reviewed, and it has been determined excino from the requirements of the California Environmental Quality Act (CEQA) under Class I I (Accamy Structures). 4. The approval of Modification No. 4376 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons rending or working ' in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City -59- COMMISSIONERS 10\k r% CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL INDEX CALL and further that the proposed modification related to the proposec signing is consistent with the dative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conknnance with the approvec site plan and elevations, accept as noted below. 2. That the approval is for the wall signs for the Staples building only sul depicted on the approved plans. 3. That the Planning Commission may add to or modify conditions oj approval to this Modification or recommend to the City Council tlx revocation of this Modification, upon a determination that the operatior which is the subject of this Modification, causes injury, or is detrimenta to the health, safety, peace, morals, comfort, or general welfare of thi commwuty. 4. That this Modification shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of tIx Newport Beach Municipal Code. sss SUBJECT: General Plan Amendment No. 9&1(A) and Item 10 Local Coastal Program Land Use Plan Amendment No. 41 GPA 95 -1 LCPLUP Amend the Land Use Element of the Geneal Plan and the Local Coasta A No. 41 Program Land Use Plaza to (1) Redesignate a residual parcel locate don thi northeast comer of the intersection of west Coast Highway and S Approved Avenue from Government., Educational, and lnstitutimW Facilities t Recreational and Environmental Open Space; (2) add an area descnptm for the CalTrans Reg" Parcel; and (3) increase the residential development allocation for the CalTrans West property by 8 dwelling units to a total of 160 dwelling units. . -60- (A) COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX Staff clarified that the parcel is partially owned by CalTrans and Partially the City of Newport Beach, this will be clarified in the resolutions. Public Hearing was Opened. Public Hearing was Closed. Motion * Motion was made for approval of General Plan Amendment No. 95 -1 (A and Local Coastal Program Land Use Plan Amendment No. 41 and adopi Ayes * * * * Resolution No. 19. MOTION CARRIED. •ss SUBJECT: General Plan Amendment No. 95.1(B) and item 11. Local Coastal Program Land Use Plan Amendment No. 42 r ,CPA No. Amend the Land Use Element of the General Plan and the Local Program Land Use Plan to allow the Planning Commission and City Continued Council to determine permitted residential density and commercial intensity based on parcel size prior to right -of -way dedications or acquisitions. Item continued to next regularly scheduled meeting of January 4, 1996. errs SUBJECT: Specialty Food Service, Alcoholic Beverage SAn Item 12 and Live Entertainment Continued Adopt resolution of indent and set Amendment 839 for public hearing at Planning Commission meeting of January 4, 1996. Item continued to next regularly scheduled meeting of January 4, 1996. • -61- 12 COMMISSIONERS 4 4 9i10 CITY OF NEWPORT BEACH MINUTES December 7, 1995 ROLL CALL INDEX SUBJECT: Zoning Code item 13 Review and discussion of draft. Continued Item continued to next regularly scheduled meeting of January 4, 1996. ADDITIONAL BUSINESS: a.) City Council Follow-up - none b.) Verbal report from Planning Commission's representative to the Economic Development Committee - none c.) Verbal report from Planning Commission's representative to the Economic Development Committee - none d.) Verbal report from Planning Commission's representative to Balboa Peninsula Planning Advisory Committee - none e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - none f.) Matters which a Planning Commissioner may wish to place on future agenda for action and Staff report - none g.) Requests for excused absences - none h.) Discussion of Staff report format - none ADJOURNMENT: 11:30 p.m. Adjournme s ** MICHAEL KRANZLEY,SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -62- nt