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HomeMy WebLinkAbout2008-02-27_GP-LCP IC Agenda Meeting PacketAGENDA AGENDA General Plan/LCP Implementation Committee February 27, 2008 3:30 p.m. City Council Chambers 1. Approve Action Minutes from January 30, 2008 Meeting 3:30-3:35 Attachment No. 1 2. General Plan/LCP Implementation - Master Task List Update From Staff and Committee Comments Attachment No. 2 3:35-3:50 3. Zoning Code Rewrite — Eating and Drinking Establishments Review discussion paper and provide direction to staff Attachment No. 3 3:50-4:45 4. Items for Future Agenda 4:45- 4:50 5. Public Comments on non -agenda items 4:50-5:00 file:///FI/Apps/WEBDATA/Intemet/P1nAgendaslGPlmplementationCommittee/ag02-27-08.htm [10/29/2008 10:19:54 AM] Attachment 1 CITY OF NEWPORT BEACH GENERAL PLAN/LCP IMPLEMENTAION COMMITTEE DRAFT ACTION MINUTES Action Minutes of the General Plan/LCP Implementation Committee held at the City Council Chambers, City of Newport Beach, on Wednesday, January 30, 2008 Members Present X Ed Selich, Mayor, Chairman E Leslie Daigle, Mayor Pro Tem X Don Webb, Council Member X Barry Eaton, Planning Commissioner X Robert Hawkins, Planning Commissioner E Michael Toerge, Planning Commissioner Advisory Groun Memhers PrPcant X Mark Cross Larry Frapwell William Guidero X Ian Harrison X Brion Jeannette Don Krotee Todd Schooler Kevin Weeda Dennis Wood Staff Representative - X I Sharon Wood, Assistant City Manager David Le o, Planning Director Robin Clauson, City Attorney James Campbell, Senior Planner X Gregg Ramirez, Senior Planner E = Excused Absence Committee Actions 1. Agenda Item No. 1 —Approval of minutes Action: Committee approved the draft minutes. Vote: Consensus 2. Agenda Item No. 2 - General Plan/LCP Implementation - Master Task List Action: The Committee was provided an update on the status of several items on the master task list. Vote: none 3. Agenda Item No. 3 - Zoning Code Rewrite — Project Schedule Action: The Committee was provided an update of the project schedule and a tentative schedule. Vote: Consensus 4. Agenda Item No. 4 - Traffic Signal Synchronization Action: Provide report to City Council at Study Session Vote: Consensus Attachment 2 GENERAL PLAN IMPLEMENTATION TASKS Interim Zoning Resolution (including ability to require development agreements) Staff, January 9, 2007 - Complete 2. Procedures to implement single- and two-family design policies Staff, March 27, 2007 - Complete 3. Zoning Code and Specific Plan rewrite Consultant, with staff input and review, July 2008 4. CLUP amendment Staff, Consultants • Planning Commission recommendation on clarification of policies re: coastal bluff development, October 18, 2007 • City Council re -approval to correct notice will include clarification of policies re: coastal bluff development, November 13, 2007 • City Council approval of contract with advocacy firm (D.B. Neish, Inc.), November 13, 2007 • Coastal Commission found application complete December 4, 2007 5. Housing Element certification by HCD EIP and staff, TBD • Comments on re -submittal received from HCD September 10,2007 • Revised RHNA approved by SCAG July 12, 2007 • City Council approval of contract with EIP for required update and certification, December 18, 2007 • HCD Submittal, June 2008 6. Park Dedication Fee (Quimby Act) Staff, April 10, 2007- Complete 7. ED Strategic Plan Staff, ADE and EDC, July 10, 2007 - Complete 8. Fair Share Fee update Consultants, TBD • Staff approval of contract for nexus study( Revenue & Cost Specialists, LLC), October 31, 2007 • Nexus study first draft reviewed January 16,2008 • Nexus study completion February 2008 9. Airport Area infrastructure study and fee(s) ROMA and Fair Share Consultant, TBD • First draft submitted for staff review January 23, 2008 02/22/2003 10. Inclusionary Housing Ordinance and In -lieu fee Consultant • Affordable Housing Task Force review of updated fee study, November 13, 2007 • Committee review of fee study and draft ordinance, TBD 11. Parking Requirements and Management Staff, EDC, • RFP Issued October 12, 2007 • No proposals received; ED staff contacted additional firms and extended deadline to January 31, 2008. 12. LCP Implementation Plan Staff, concurrent with/trailing Zoning Code rewrite 13. City Council Ordinance on development agreements Staff, February 27, 2007 —Complete • North Newport Center DA adopted December 18, 2007 14.Traffic signal synchronization Consultant and Public Works staff, master plan January 2008 15. PC rewrite/revisions Property owners for major ones, their schedule • North Newport Center PC adopted December 18, 2007 Staff or consultant for smaller ones, with Zoning rewrite or second phase, TBD 16. Banning Ranch Pre -Annexation and Development Agreement City Council, staff and property owners, TBD 17. Harbor Area Management Plan Consultants, staff and Harbor Commission, September 2008 18. Run-off and Pollution Reduction Plan Coastal/Bay Water Quality Committee and staff, ongoing 19. Database refinements and maintenance Staff, refinements TBD, maintenance ongoing 20. Fiscal Impact Model training ADE and staff, March 29, 2007- Complete 21. Traffic Phasing Ordinance revision re: NBTAM Staff, July 24, 2007- Complete 02/22/2008 22. Measure S Guidelines revision re: variable FAR Staff. TBD Lower Priority • Municipal Code amendments re: property maintenance standards Draft to e reviewed by staff, March 2008 • Building Code amendments re: green buildings EQAC Energy Subcommittee • Amend City Council Policies on historic, archaeo and paleo resources • Funding and priority program for construction of noise barriers along arterials 02/22/2008 Attachment 3 CITY OF NEWPORT BEACH MEMORANDUM TO: General Plan/LCP Implementation Committee FROM: Gregg Ramirez, Senior Planner DATE: February, 29, 2008 RE: Zoning Code — Eating and Drinking Establishments Attached for your review is a discussion paper that presents a new approach on how to regulate eating and drinking establishments. Different categories would remain, but greater emphasis would be placed on the hours of operation and location to determine the level of review. Discussion Paper Eating and Drinking Establishments General Plan/LCP Implementation Conunittee February 27, 2008 A. Purpose. The purpose of this discussion paper is to review the current practice of regulating eating and drinking establishments and to explore an alternative approach primarily based on the establishment's hours of operation and whether or not alcoholic beverages are served. Additionally, the location of these establishments should also be addressed in the new regulations. B. Current Practice. Currently, the Zoning Code divides eating and drinking establishments into seven categories with the following permits required; Pull -Service, High Turnover Pull -Service, Low Turnover Pull -Service, Small -Scale Take -Out Service "Cake -Orn Service, Limited Accessory Outdoor Dining Bars and Cocktail Lounges Use Permit Use Permit Use Permit issued by the Planning Director. Use Permit Use Permit issued by the Planning Director. Permitted by right. Use Permit The categories are primarily based on the expected intensity of the use; traffic generation, parking demand, noise, etc. However, traffic generation is the principal distinguishing factor in making distinctions between the various categories. For example, part of the definition of a "Pull Service, High Turnover" establishment includes the following; c. Average weekday vehicle trip generation rate is more than 100 vehicle trips per 1,000 square feet of gross floor area, but less than 300 vehicle trips per 1,000 square feet of gross floor area. The definition for "Pull Service, Low Turnover" includes the following; C. Average weekday vehicle trip generation rate does not exceed 100 vehicle trips per 1,000 square feet of gross floor area. d. Is not open to the public between the hours of 6:30 a.m. and 9:30 a.m. on weekdays or where no more than 2 percent of week day vehicle trips are generated between the hours of 6:30 a.m. and 9:30 a.m.. Definitions for other eating and drinking establishments include similar traffic generation limits. The multiple layers of categories and different traffic generation standards wake it difficult for staff to consistently categorize establishments and allowed zoning district locations. It should also be noted that establislunents serving alcoholic beverages require a Use Permit. What has become apparent over the past several years is that the hours of operation are a more important factor in the location and regulation of eating and drinking establishments. The General Plan update used a blended trip generation rate so that categorizing eating and drinking establishments citywide that are based on projected trips is no longer necessary. A more efficient and less complicated method of regulating eating and drinking establishments would be to base the allowability of the use on its hours of operation. C. Alternative Method — hours of Operation Instead of using traffic generation as the principal defining factor in making distinctions between the various categories of eating and drinking establislunents, an alternative method would be to use the establishment's hours of operation and whether or not alcoholic beverages are served. In this approach, the following categories could be; /acus, LOUnKeS and Nightclubs Establishments primarily engaged in selling or serving alcoholic beverages or tobacco products for consumption on the premises and hold or applying for a Public Premise license from ABC. Live entertainment requires a separate permit. Fast Food. A food service establishment whose design or principal method of operation includes four or more of the following characteristics: (1) 45 percent or more of the floor area is devoted to food preparation, employee work space, and customer service area; (2) a permanent menu board is provided from which to select and order food; (3) if a chain or franchised restaurant, standardized floor plans are used over several locations; (4) customers pay for food before consuming it; (5) a self-service condiment bar is provided; (6) trash receptacles are provided for self-service bussing; (7) furnishing plan indicates hard -finished, stationary seating arrangements; and (8) most main course food items are prepackaged rather than made to order. Alcoholic beverages. if served. are typically limited to beer and wine Food Service, no late hours. Establishments engaged in the business of selling food and beverages, including alcoholic beveraees; prepared on-site for primarily on -premise consumption and have the following characteristics: establishment is closed to the public at or before 11:00 p.m.; all food and beverages are served to the customer at a fixed location (e.g., booth, counter, or table); the food and beverages are ordered from individual menus; and the food and beverages are typically paid for by the customer after service and/or consumption. (NOTE: Could also include a provision that food preparation stops at or before 10:00 p.m. and the public most vacate the premises by or before 11:00 p.m.) Food Service, late hours. Establishments engaged in the business of selling food and beverages, including alcoholic beveraees, prepared on-site for on -premise consumption and have the following characteristics: establishment remains open to the public after 11:00 n na.: all food and beverages are served to the customer at a fixed location (e.g., booth, counter, or table); the food and beverages are ordered from individual menus; and the food and beverages are typically paid for by the customer after service and/or consumption. Take -Out Service, Limited. Establishments offering a limited variety of food or beverages principally for off-site consumption, but which may include incidental seating for consumption on-site. Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and frozen dessert stores, small delicatessens and similar establishments. Customers are served either at a counter or service window. No alcoholic beverages are served no ABC license required. Take -Out Service Only. Establishments providing food and/or beverage service with the following characteristics: all of the transactions are sales for off-site consumption; no seating is provided for on-site consumption of food or beverages. No alcoholic beveraees are served. no ABC license required. The above uses would be regulated as follows; Bars, Lounges, and Night Clubs Past Food, No Alcohol, No Late 1 -lours Fast Food, Late Hours Food Service, No Alcohol, No Late Hours Food Service, No Late Hours Food Service, Late Hours Take -Out Service, Limited Take -Out Service Only Conditional Use Permit Permitted by right or MUP if adjacent to residential districts*** Minor Use Permit* Permitted by right or MUP if adjacent to residential districts*** Minor Use Permit* Conditional Use Permit Permitted by right** Permitted by right** * A Minor Use Permit is a proposed new process to simplify the issuance of permits. The Director reviews the application; holds a counter hearing, attaches conditions, and issues the permit. ** MUP if proposed to be open later than 11:00 p.m. ***This would likely apply in all mixed-use districts and likely the Corridor Commercial (CC) and Visitor Serving Commercial (CV) districts due to their proximity to residential districts. D. Benefits of Alternative Method • Fewer CUP's required, less bureaucratic. • Straightforward definitions and categories; less confusion • Eliminate discussions about semantics. • Less cost and time for staff and applicants • More certainty for City and applicants