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HomeMy WebLinkAbout08/06/1992C0?JMSSI0NrJW CITY OF NEWPORT. BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: Auaust 6. 1992 ROLL CALL INDEX Present * * * * All Commissioners were present. (Commissioner Pomeroy arrived at 7:32 p.m.) EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney : s : Patricia Temple, Advance Planning Manager W. William Ward, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes of July 23 1992: Minutes of Motion * Motion was made and voted on to approve the July 23, 7/23/92 Ayes 1992, Planning Commission Minutes. MOTION Abstain * CARRIED. Absent sss Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Agenda Planning Commission Agenda was posted on Friday, July . 31, 1992, in front of City Hall. COMMISSIONERS CITY OF NEWPORT BEACH August 6, 1992 MINUTES ROLL CALL INDEX A General Plan Amendment No 92- 2(Q&bh: Item No.1 He i GPA 92 -2C Request to amend the Land Use Element of the (Res. 1311 General Plan so as to add an additional optional land use of affordable senior citizen housing on the site LCP 28 known as Bayview Landing. AND Approved B Local Coastal Plan Amendment No 28 (Public Hearing) Request to amend the Local Coastal Program, Land Use Plan so as to add an additional optional land use of affordable senior citizen housing on the site known as . Bayview Landing. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, reported that on June 18, 1992, the Planning Commission recommended to the City Council that senior citizen housing be considered as an alternate use on the Bayview Landing site. The Irvine Company would be given the ability to transfer off the square footage that was permitted on the property in the event senior citizen housing was pursued. The public hearing was opened in connection with this item, and Mr. Tom Redwitz appeared before the Planning Commission on behalf of The Irvine Company and to express support of the subject General Plan Amendment. Mr. David Cherashore, Executive Vice President of Newport Dunes, appeared before the Planning Commission, and he addressed the letter from the • Newport Dunes, dated August 3, 1992, to the Planning -2- COMMISSIONERS MINUTES . CITY OF NEWPORT BEACH August 6, 1992 ROLL CALL INDEX Department. The Newport Dunes supports affordable senior housing; however, it is their opinion that the housing would be more appropriate in another location. Commissioner Debay recommended a disclosure to the senior citizens, if the project would be developed, stating that a recreational area would be adjacent to their property. Mr. Hewicker explained that affordable senior housing has only been considered for the Bayview Landing site. If The Irvine Company would desire to develop senior - housing on the Bayview Landing site, then discretionary action would be required and the project would be reviewed by the Planning Commission. . There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to recommend adoption All Ayes of General Plan Amendment No. 92 -2(C) and Local - Coastal Plan Amendment No. 28 (Resolution No. 1311) to the City Council. MOTION CARRIED. x x x Use Permit No. 1877 (Amended) (Public Hearing) Item No.2 Request to amend a previously approved use permit UP 1877A which permitted the establishment of an automobile Approved rental and leasing facility which includes a car washing and maintenance facility and underground fuel facilities on property located in the C -1 -H District. The proposed amendment consists of a request to construct a 600 square foot addition to the existing car rental office. LOCATION: Parcel 1 of Parcel Map 88 -448 (Resubdivision No. 885), located at • 3500 and 3510 Irvine Avenue, on -3- mm CITY OF NEWPORT BEACH August 6; 1992 MINUTES. ROLL CALL INDEX the southeasterly side of Irvine Avenue, between Orchard Drive and Bristol Street, across from the Newport Beach Golf Course. ZONE: C -1 -H APPLICANT: Alamo Rent -A -Car, Inc, Fort Lauderdale OWNERS: David and Rhoda Magilavy, Newport Beach Chairman Edwards addressed the traffic circulation on Irvine Avenue in the vicinity of the establishment. Don Webb, City Engineer,. explained that it is legal for automobiles to make a left turn into the subject site; however, he indicated that if there would be traffic accidents in the vicinity that the City would eliminate the two -way left turn lane and post a "No Left Turn" sign. The public hearing was opened in connection with this item, and Mr. Dave Lacey, architect, appeared before the Planning Commission on behalf of the property owners. He said that the addition of 600 square feet would enlarge the enclosed waiting area and the outside bus waiting area. Mr. Lacey concurred with the findings and conditions in Exhibit "A ". Commissioner DiSano suggested that Condition No. 15 be added to Exhibit "A" as suggested by the City Traffic Engineering stating That a minimum of 17parkingspaces shall be provided on -site for employee and customer parking (7 customer parking spaces and 10 employee parking spaces) and shall be clearly identified. , should any of the customer parkingspaces be locatd away from the entrance to the facility, it shall be clearly marked and readily visible to customers entering the facility. That . the existing chain link fence shall be relocated to provide -4- 10 MP,% \0\'&\'�- MINUTES CITY OF NEWPORT BEACH August 6, 1992 ROLL CALL INDEX additional customer parking and a deeper aisle for customer vehicle stacking and circulation. Mr. Lacey stated that there would be sufficient room on the site to comply with the condition. In response to a question posed by Commissioner Gifford, Mr. Lacey replied that the southerly driveway is intended to be a one -way driveway. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use. Permit No. 1877 (Amended) subject to the findings and conditions in Exhibit "X, including the addition of the foregoing Condition No. 15. . Commissioner Merrill referred to the staff report addressing the wood fencing that surrounds three sides of the subject property. Mr. Hewicker replied that the site consists of one building, an exit driveway that is located on the northerly property line, the extra wide driveway that enters into the property; however, screening could be provided on the front of the property. Commissioner Merrill suggested a condition be added that would include additional screening so as to enhance the property. The maker of the motion concurred with the recommendation to add a condition regarding screening. Mr. Hewicker referred to the staff report recommending that the southerly driveway be posted with a pavement message sign to prohibit left turns if the driveway is to be utilized as an exit. Commissioner Merrill recommended that a condition be added regarding the necessary signage. The maker of the motion concurred with the recommendation that a condition be added indicating that a pavement message sign shall be located -5- COMMISSIONERS iq� IS WIN L W, mm CITY OF NEWPORT BEACH August 6, 1992 MINUTES ROLL CALL INDEX on the property stating that the southerly driveway shall not be used as an exit. In response to a request by Chairman Edwards, Mr. Lacey reappeared before the Planning Commission wherein he concurred with the recommended additional conditions to Exhibit "A". Motion was voted on to approve Use Permit No. 1877 (Amended), subject to the findings and conditions in Exhibit "A ", including added Condition No. 15 regarding All Ayes on -site parking spaces, Condition No. 16 regarding screening, and Condition No. 17 regarding a posted exit sign. MOTION CARRIED. Findings; 1. That the proposed application is not an intensification of the existing use, and as such, is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. Furtherinore, the proposed project is merely a minor expansion of an existing facility which has been previously approved by the Planning Commission on the subject property. 2. 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. 3. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 4. That adequate parking will be provided for the automobile rental facility customers and its employees. • -6- COPAMssIONERB CITY OF NEWPORT BEACH August 6,1992 MINUTES ROLL CALL INDEX 5. That the expansion of the subject facility will not have any significant environmental impact. 6. That the approval of Use Permit No. 1877 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and worldng in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions 1. That the development shall be in substantial conformance with the approved plot plan, floor plan and elevations, except as noted below. 2. That all applicable conditions of approval of Use Permit No. 1877 (Amended) as approved by the Planning Commission on January 8, 1987 and January 5, 1989, shall remain in force. 3. That no major automobile repairs shall be permitted on the site unless an amended use permit is approved by the Planning Commission. 4. That all automobile washing and service activities including the storage of auto parts shall be conducted within the building designated for that purpose. 5. That all weeds and debris be removed from the existing landscape areas, and that these areas be landscaped and maintained in a clean and orderly manner. -7- CITY OF NEWPORT BEACH August 611992 MINUTES ROLL CALL INDEX 6. That there shall be no construction, storage, or delivery of materials within the Irvine Avenue Right -of -Way. 7. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code and shall be reviewed by the City Traffic Engineer for sight distance. Signs indicating "for sale" or "lease" shall not be permitted in the windshield of autos or elsewhere on the site. 8. That all employees shall park on -site at all times. 9. That the on -site parking and vehicular circulation . be subject to further review by the City Traffic Engineer. . 10. That the parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide and shall be appropriately maintained. 11. That all improvements be constructed as required by Ordinance and the Public Works Department. 12. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 13. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, i -8- CITY OF NEWPORT BEACH August 6,1992 MINUTES ROLL CALL INDEX safety, peace, morals, comfort, or general welfare of the community. 14. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 15. That a minimum of 17 parking spaces shall be provided on -site for employee and customer parking (7 customer parking spaces and 10 employee parking spaces) and shall be clearly identified. That should any of the customer parking spaces be located away from the entrance . to the facility, it shall be clearly marked and readily visible to customers entering the facility. That the existing chain link fence shall be .. relocated to provide additional customer parking and a deeper aisle for customer vehicle stacking and circulation. 16. That additional screening shall be constructed on the front of the property which shall be subject to the approval of the Planning Department. 17. That a pavement message sign shall be located on the private property indicating that the southerly driveway shall not be used as an exit. -9- CITY OF NEWPORT BEACH August 6, 1992 MINUTES . ROLL CALL INDEX Modification No. 4015 (Public Hearing) Item No. Request to permit the installation of a double - faced, Mod 4015 animated, blinking, identification pole sign that contains 257± square feet per face and is 50 feet in height, Approved whereas the Fashion Island Planned Community District Regulations limit free standing signs to monument signs with an area of 50 square feet (per face) and a height of 5 feet and prohibit flashing, blinking or any other type of sign animation visible from Newport Center Drive. LOCATION: Lot W, Tract No. 6015, located at 451 Newport Center Drive, on Newport Center Drive, between San Miguel Drive and San Nicolas Drive, in Fashion Island. ZONE: P -C APPI ICANT: Hard Rock Cafe, Newport Beach OWNER: The Irvine Company, Newport Beach James Hewicker, Planning Director, referred to the staff report wherein it states that the proposed sign would not be visible from the surrounding residential areas. Mr. Hewicker reported that when he stood at the location where the sign would be placed that he could see homes in Harbor View Hills, and it is feasible that the proposed sign could be visible from approximately 12 homesites. Modification Permits require public hearings and public notices are mailed to property owners within 100 feet, therefore, the subject public hearing was not noticed to the adjacent residential areas. Mr. Hewicker advised that the Planning Commission could continue the public hearing so as to notice the Harbor View Hills' property owners. -10- ,1 C i CITY OF NEWPORT BEACH August 6, 1992 MINUTES ROLL CALL INDEX Mr. Hewicker explained that the applicant would make a video presentation describing the Hard Rock Cafe signs in Las Vegas and Chicago. The Las Vegas sign is an animated sign in the shape of a guitar and is 80 feet high, or approximately twice the height of the proposed sign in Fashion Island; however, the proposed sign is similar to the sign located in Las Vegas. The Chicago sign is a different shaped guitar from the sign that is located in Las Vegas and the sign that is proposed in Fashion Island; however, the Chicago sign does not have animation. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that the applicant previously parked a cherry picker on the site and elevated the equipment to the height of the top of the guitar so as to take pictures. Commissioner Glover and Mr. Hewicker discussed the feasibility of the applicant repeating a similar action to allow the Harbor View Hills' residents an opportunity to see if they could see the illuminated equipment from their property. He questioned if the equipment could be viewed from a public street in Harbor View Hills. Commissioner Pomeroy stated that Harbor View Hills' residents are concerned with the light in Newport Center inasmuch as a sign could intrude upon night views, and he suggested a balloon so as to determine if the Harbor View Hills' residents would be able to see the proposed sign. In response to a request for a clarification posed by Commissioner Debay, Mn Hewicker explained that Planned Community District regulations are a customized zoning ordinance for a particular piece of property, and Newport Center has a Zoning ordinance that governs the heights of buildings, including sign regulations that do not exceed five feet. An Amendment would be required if The Irvine Company requested a -11- 00%0\40\01�p\ MINUTES CITY OF NEWPORT BEACH August 6, 1992 ROLL CALL INDEX change to the Fashion Island Planned Community District Regulations. In response to a question posed by Commissioner Gifford, Mr. Hewicker explained the Fashion Island Planned Community District regulations were proposed by The Irvine Company and submitted to the City for approval. In response to a question posed by Commissioner DiSano, Mr. Hewicker replied that he was not aware of any complaints regarding the Edwards Cinema marquee. Commissioner DiSano and Mr. Hewicker addressed the size and number of signs that would be allowed on the subject building in accordance with the Planned Community District sign regulations. In response to questions posed by Commissioner Merrill, Mr. Hewicker replied that the City's zoning regulations governed Fashion Island prior to November 23, 1987, when the City Council adopted the Fashion Island Planned Community Development Plan; that no discretionary permits are required to establish the Hard Rock Cafe; no complaints have been received regarding the signs on the Four Seasons Hotel; and the Planning Commission could implement a condition regulating the hours of operation of the sign. In response to a question posed by Commissioner Debay, Mr. Hewicker replied that one other tenant besides the Hard Rock Cafe would occupy the subject building. The public hearing was opened in connection with this item, and Mr. James P. Rees, Vice President of Operations for the Hard Rock Cafe, appeared before the Planning Commission. He briefly stated that the Hard Rock Cafe is an internationally known restaurant company with one of the highest volumes of business of -12- 0��° MINUTES CITY OF NEWPORT BEACH august 6,1492 ROLL CALL INDEX any restaurant company in the world and the company has been in business for 20 years; the restaurant is primarily a family restaurant; merchandise sales constitute approximately 30 percent of the business and the remainder of the business is in food and beverage service; there is no live entertainment with the exception of two to three times a year; the Hard Rock Cafe is a high visibility restaurant because of their merchandise promotion; and Newport Beach fits the profile that the restaurant wants including name recognition and clientele. The Hard Rock Cafe makes statements outside of the restaurant, depending upon the environment that the restaurant is in, and the most successful restaurants have dynamic outside appearances. The Los Angeles restaurant is located in Beverly Center, and, located outside of the restaurant, is a sign depicting three palm trees and a cadillac on the roof of the building. The . interior of a Hard Rock Cafe is essentially a rock and roll museum, including authentic instruments, clothing, gold albums and memorabilia from rock and roll people, and the rock and roll theme is carried to the outside of the building. In response to a question posed by Commissioner DiSano, Mr. Rees replied that no discretionary approval was required to install the Beverly Center sign. Mr. Rees distributed photographs taken towards Harbor View Hills and Harbor Ridge from the cherry picker lift that was parked on the subject site, and photographs that were taken from the Spyglass Hill and Harbor Ridge areas to the subject site. He gave a slide presentation similar to the foregoing photographs and a video presentation of the Las Vegas and Chicago Hard Rock Cafe signs. Mr. Rees pointed out that the colors on the proposed guitar sign have been modified to blue hues, and the intensity of the neon can be altered. The hours of operation of the restaurant are proposed to be from 10 11:30 am. to 1:00 a.m. daily. -13- kiii'l !Sill 011 CITY OF NEWPORT BEACH MINUTES. August G, 1992 ROLL CALL INDEX In response to questions posed by Commissioner Merrill, Mr. Rees explained that there would be no dancing in the restaurant; there would be no billiard tables; the restaurant caters to all age groups; and advertising is through the public relations network. In response to questions posed by Commissioner Glover with respect to comparing the Hard Rock Cafe signs in other cities with the Fender guitar sign that is proposed for Newport Beach, Mr. Rees explained that guitar signs are very financially successful because they are an aesthetically pleasing drawing card with the public. In response to questions posed by Commissioner Gifford, Mr. Rees replied that the Chicago restaurant was open three years prior to the year that the guitar sign was installed, and. subsequently the restaurant's business increased by $1 million, or approximately a 15 percent increase in sales. He said that where the guitar signs are located in Las Vegas and Chicago, the Las Vegas facility will have sales of approximately $19 million and Chicago will have sales of approximately $15 million this year. In response to a question posed by Chairman Edwards, Mr. Rees replied that the Hard Rock Cafe is a destination point. Mr. Tom Redwitz appeared before the Planning Commission on behalf of The Irvine Company, and he expressed their excitement that the world -wide renown Hard Rock Cafe is coming to Newport Center, and that the restaurant will bring a particular image to Newport Beach. The Irvine Company's recent renovation of Newport Center has made Fashion Island a destination point, and The Irvine Company would do nothing to jeopardize the success and the financial commitment that has been made. The Irvine Company. is i enthusiastically supporting the final design of the project, -14- MINUTES CITY OF NEWPORT BEACH gust 6, 1992 ROLL CALL INDEX and they have a desire to bring vitality to the periphery of Fashion Island. In response to a question posed by Commissioner DiSano, Mr. Redwitz replied that The Irvine Company is confident that there would not be an impact on the adjacent residential community. In response to a question posed by Commissioner Debay, Mr. Redwitz explained that there are no plans for a Fashion Island tenant to apply for a blinking, neon sign, and he was not a part of the decision to deny an animated sign to the Daily Grill. He indicated that an animated sign is not a part of the Daily Grill's image. Ms. Janice Fuchs, 2607 Harbor View Drive, and an . employee of the Rouse Company, the management company contracted by The Irvine Company to manage Fashion Island, appeared before the Planning Commission. She pointed out that the cherry picker lift was not visible from her home in Harbor View Hills. The Hard Rock Cafe will strengthen the activity surrounding the Fashion Island area, and the company has assisted in the leasing of restaurants and retail shops in the shopping center. In response to a question posed by. Commissioner Merrill, Ms. Fuchs explained that festival market places are in response to consumer needs and they provide the public an enjoyable leisure time. Mr. Richard Luehrs, President of the Newport Harbor Chamber of Commerce, appeared before the Planning Commission. He stated that the Chamber supports the Hard Rock Cafe in Fashion Island inasmuch as the establishment would represent a stimulating addition to the City, and it is at a time when the City needs to take . positive and aggressive action to stimulate the local -15- LEO IMIN CITY OF NEWPORT BEACH August 6, 1992 MINUTES . ROLL CALL INDEX economy. The City would also benefit from the restaurant through an increase in sales tax and employment. The proposed sign is a sculpture identifying the establishment as an energetic place of business, and the City should encourage the energy. The City should stop inflicting self - restraints on itself and the business community, and to take bold actions to inform the community that the City is behind their efforts by taking positive action on the subject project. In response to a question posed by Chairman Edwards, Mr. Luehrs replied that the Executive Committee of the Chamber of Commerce was very enthusiastic regarding the subject restaurant on the basis that the establishment is a first -class operation. There being no others desiring to appear and be heard, . the public hearing was closed at this time. Commissioner Pomeroy stated that he reviewed the map provided by the applicant and he scaled off the distance so as to relate to some of the other locations where there had been concerns regarding signs. The areas were in locations were there was a view over a building, and there is no view over the buildings in Newport Center from the immediately impacted homeowners. There are parking lot lights that are in the same area, high -rise building lights that are on frequently at night, and beacons on the tops of the buildings for aircraft traffic. The subject request is not the same issue that he brought up earlier inasmuch as there is not the potential for disturbance based on where the sign is located. In response to a question posed by Chairman Edwards, Commissioner Pomeroy replied that he did not believe that it would be necessary to notice the homeowners regarding the request. In response to a question posed by Commissioner Gifford, Chairman Edwards replied that the proposed -16- CODEMSSIONERS '4"M r-mm, -� CITY OF NEWPORT BEACH August 6, 1992 MINUTES. ROLL CALL INDEX sign would provide similar animation to what was seen on the video describing the Las Vegas guitar with some modifications to lighting, color, and design. Commissioner Merrill stated that the animation is adjustable, and he suggested that the Commission could review the project as it progresses. He expressed his disapproval of the number of signs located on East Coast Highway in Corona del Mar. Commissioner Pomeroy referred to Condition No. 5, Exhibit "A", stating That the Modification Committee may add to or modify conditions of approval ... upon a determination that the operation.... is detrimental.-to the community. He asked if light intensity or disturbance of residences fit in the condition? Mr. Hewicker.replied affirmatively. Commissioner Pomeroy explained that if there would be problem with intensity, that the intensity could be reduced. Mr. Hewicker suggested that the foregoing condition be modified to state Planning Commission and to delete Modifications Committee. Mr. Hewicker addressed Condition No. 4 stating That the animation of the proposed identification sign be limited to that which was presented in the public hearing, and further described within the staff report. He stated that adjustments could be made to the animation after the sign has been installed. Commissioner DiSano suggested that conditions be added to Exhibit "A" that would limit the hours of operation of the sign, and to review the project after it Motion has been in operation. Motion was made to approve Modification No. 4015 subject to the findings and conditions in Exhibit "A ", including modified Condition No. 5; add Condition No. 6 stating That the hours of operation of the sign be limited to those of the hours of operation of the restaurant facility.; add Condition No. 7 -17- COMOSSIONEItS ®����°t5k -1 CITY OF NEWPORT BEACH August 6,1992 MINUTES ROLL CALL INDEX That the project shall be reviewed 90 days after the identification sign has been illuminated. Robin Flory, Assistant City Attorney, referred to Finding No. 2, Exhibit "N', stating That the proposed identification sign will not be visible from any of the surrounding residential properties., and she suggested that the Finding be modified to state ..sign will not be readily visible and will not adversely affect any of the surrounding residential properties. The maker of the motion agreed with the foregoing modification. Commissioner Glover stated that during the past year the City has said that basketball may not be allowed in the City after dark. In her neighborhood, from the school grounds, there have been complaints from the neighbors because they are hearing the children playing., . soccer. A minister has testified that noises of the . children may be harmful to the church. The City is slowly evolving as a City that states that it does not want people under 40 years of age that might have energy or synergy to offer, and she expressed her disapproval with that issue. She explained that she has two sons who live in the City and she requested that there be room for them in the City. It is not in the City's best interest, and not in the best interest for the State of California to keep saying "no" to so many things that affect the next generation. Fashion Island has invested a lot of money in Newport Center and it is a statement that Newport Beach is a good City to invest in. The teenage activity surrounding the theaters, McDonald's Restaurant, and the food fair in Fashion Island indicates that families feel secure about allowing the young people to congregate in the area, that it is acting as a center of the community, and she commended The Irvine Company. She supported the motion because the Hard Rock Cafe is a well-run organization and some energy in the City may be quite wonderful. -18- CITY OF NEWPORT BEACH FUM-15-7-1 August 6, 1992 ROLL CALL MDEX Commissioner Debay indicated that there are Hard Rock Cafes that have smaller identification signs, and the proposed sign could be modified to indicate that the establishment is a Hard Rock Cafe. She referred to Findings for Denial, Finding No. 4, Exhibit "C ", wherein it states that the identification sign is not consistent with the Sign Code as applied to in other commercial districts of the City whereby she stated that the request is "too big of a step". She explained that she supports businesses in the City; however, they can be successful without large signs. Commissioner Pomeroy concurred with Commissioner Glover's foregoing statements that the City is attempting to keep people under 45 years of age out, and the City can use some excitement. He stated that he is looking forward to the enthusiasm that the restaurant will bring . to the City. Chairman Edwards stated that he has visited numerous Hard Rock Cafes throughout the United States and overseas, and the restaurants are an A -1 operation. He supported the fact that they are coming into the City; however, he indicated that there are other ways to animate their operation. On the basis that a precedent could be set, he did not support the motion. Commissioner Gifford expressed her support of the Hard Rock Cafes and she stated that the City is very fortunate that the restaurant is coming into the community. The company has a good philosophy towards corporate citizenship, and she expressed her appreciation that the company would be willing to work with the community to make modifications. The company has a desire for some kind of substantial visibility and it would be willing to scale the proposal down or make modifications. She stated that she would not support the motion as presented; however, she would be favorable with some adaptation of the project. -19- COMMISSIONERS MINUTES it ��Pd o CITY OF NEWPORT BEACH August 6, 1992 ROLL CALL INDEX Ayes * * * * Motion was voted on to approve Modification No. 4015 Noes subject to the findings and conditions in Exhibit "A", modifying Finding No. 2 and Condition No. 5, adding Condition No. 6 and No. 7. MOTION CARRIED. Findingg 1. That the proposed identification sign will not be detrimental to the surrounding area or increase any detrimental effect of the existing use. 2. That the proposed identification sign will not be readily visible and will not adversely affect any of the surrounding residential properties. 3. That the nature of the request is unique in that there are a limited number of the subject .- . franchise locations throughout the world. 4. That the proposed signage will not set a precedent for other signs of a similar nature, inasmuch as the proposed location is within the Fashion Island Planned Community and is subject to restrictions unique to the planned community. 5. That the proposed signage will not be detrimental to persons, property or improvements in the neighborhood, and that the modification is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and the Fashion Island Planned Community Development Plan and District Regulations. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, roof . plan and elevations. -20- COMMISSIONERS • ��l O�o���Oq MINUTES CITY OF NEWPORT BEACH August 6,1992 ROLL CALL INDEX 2. That the identification sign shall not exceed an overall height of 50 feet as measured from existing grade. 3. That the area of the identification sign shall not exceed 257± square feet per face. 4. That the animation of the proposed identification sign be limited to that which was presented in the public hearing, and further described within the staff report. 5. That the Planning Commission may add to or modify conditions of approval to this modification, or recommend to the City Council the revocation of this modification, upon a determination that the operation which is the subject of this modification causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 6. That the hours of operation of the sign shall be limited to those of the hours of operation of the restaurant facility. 7. That the project shall be reviewed by the Planning Commission 90 days after the identification sign has been illuminated. Adjournment: 9:30 p.m. HARRY MERRII.I , SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -21-