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HomeMy WebLinkAbout08/20/1992COMMISSIONERS CITY OF NEWPORT. BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE! Auaust 20. 1992 MINUTES ROLL CALL INDEX Present Commissioner Pomeroy was absent. Absent EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Patricia Temple, Advance Planning Manager Don Webb, City Engineer Dee Edwards, Secretary SMinutes of August 6. 1992: Minutes of 8/6/9, Chairman Edwards addressed the changes that staff made to the subject Minutes on page 21, Conditions No. 5 and . No. 7 after they were transmitted to the Commission. Motion Motion was made and voted on to approve the corrected Ayes * August 6, 1992, Planning Commission Minutes. Absent MOTION CARRIED. Public Comments: Public Comments Former Planning Commissioner Barry Gross addressed the Commission and staff.. He explained that he resigned from the Commission, effective July 23, 1992, because his business kept him out of the area. .Mr. Gross stated that he appreciated his involvement with the Commission during the past year, and he . commended the dedication of the Commission and the competence of the staff. Chairman Edwards responded MINiJTES o r 'Po o CITY OF NEWPORT BEACH august 20, 1992 ROLL CALL INDEX that at a previous meeting the Commission complimented Mr. Gross' ability as a Commissioner. Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Agenda Planning Commission Agenda was posted on Friday, August 14, 1992, in front of City Hall. A. General Plan Amendment 92- 2fBLPublic Hearing) stem No.1 Request to amend the Land Use Element of the GPA 92-2B Newport Beach General Plan so as to alter the dwelling .. _ unit allocation and policy statements for Statistical Area LCP Amend No. F -3 in order to allow the subdivision of an existing N No. 29 R -1 lot into two single family building sites consistent R 981 with the minimum subdivision standards of the Newport Beach Municipal Code. Denied INITIATED BY: The City of Newport Beach AND B. Local Coastal Program Amendment No. 29 (Public Hearing) Request to amend the Local Coastal Program Land Use Plan so as to alter the dwelling unit allocation and policy statements for Statistical Area No. F -3 in order to allow the subdivision of an existing R -1 lot into two single family building sites consistent with the minimum subdivision standards of the Newport Beach Municipal Code. . INITIATED BY: The City of Newport Beach -2- ONO, r�oo CITY OF NEWPORT BEACH August 20, 1992 MINUTES ROLL CALL INDEX AND C. Resubdivision No. 981 (Public Hearing) Request to resubdivide an existing lot into two parcels of land for single family residential development on property located in the R -1 District. LOCATION: Parcel No. 2 of Parcel Map 47 -32 ( Resubdivision No. 348), located at 2209 Bayside Drive, between El Paseo Drive and Carnation Avenue, in Corona del Mar. ZONE: R -1 APPLICANT: Engineering. Concepts, Huntington . Beach OWNER: C. L. Burnett, Newport Beach ENGINEER: Same as applicant William R. Laycock, Current Planning Manager, recommended that Condition No. 6, Exhibit "A ", Resubdivision No. 981, be modified inasmuch as the subject property is located on a narrow street and a curve. The additional sentence would state "..Vehicular access onto the property shall be designed so that automobiles w411 not have to back out onto Bayside Drive." In response to questions posed by Commissioner Glover, James Hewicker, Planning Director, explained that the zoning is not being changed; however, a large parcel is proposed to be subdivided into two smaller parcels. The two parcels would conform to the minimum standards as set forth under the Subdivision Code so as to allow one legal conforming residence to be constructed on each -3- Zia %N"I CITY OF NEWPORT BEACH August 20, 1992 MINUTES ROLL CALL INDEX parcel. The request would increase by one unit, the allocation of the number of dwelling units that can be permitted in Statistical Area F -3. Amendments to the General Plan and the Local Coastal Plan are required in order to make the resubdivision conform to the City requirements. Mr. Hewicker further replied that the request only applies to the subject property. Patricia Temple, Advance Planning Manager, replied that in Statistical Area F -3 there may be two other properties that would be of sufficient size and depth that could qualify for a conforming subdivision. She addressed properties in the adjoining Statistical Area F -1 in Irvine Terrace and a property adjacent to the subject parcel that are technically large enough to subdivide. The public hearing was opened in connection with this item, and Mr. Lynn Burnett, 706 Harbor Island Drive, . property owner, appeared before the Planning Commission. Mr. Burnett indicated that when the Land Use Element of the General Plan was reviewed that the prohibition against further subdivision is quite clear in nearly all of the Statistical Areas. However, the prohibition is not present in Statistical Area F -3, paragraph 7, the area concerning the subject property. The current General Plan for Statistical Area F -3 indicates 900 existing dwellings and projects further growth of an additional 172 units, totalling 1,072 units. Staff advised that the projected growth was determined by counting all of the lots in the original Corona del Mar Subdivision of 1917. The methodology is adequate for establishing density; however, it does present a problem given the fact that many of the lots no longer exist as the result of lot line changes subsequent to 1917. There is a question of where the additional 172 units will be allocated within Statistical Area F -3. The question of allocation should be determined by the Planning Commission and the City Council based on the merits of individual requests. With respect to the • proposed resubdivision, Mr. Burnett concurred with the -4- CITY OF NEWPORT BEACH August 20, 1992 MINUTES ROLL CALL IIMEX findings and conditions in Exhibit "A", including modified Condition No. 6. The proposed resubdivision is consistent with the General Plan pursuant to General Plan Amendment No. 92 -2(B), fully complies with lot width, depth, and the two lots would be more than twice the minimum lot size. It is consistent with the zoning, size, and character of the surrounding lots. The request does not require waivers, variances, or special use permits, and inasmuch as it complies with Statistical Area F -3, it would not likely create adverse precedence. In response to a question posed by Commissioner Gifford regarding his comments with respect to prohibition, Mr. Burnett addressed Statistical Area F -3, paragraph 7, wherein he explained that staff has advised that despite the fact that there is not a specific reference to prohibition that it is clear enough in the balance of . the Land Use Element that it is implied. To be technically correct, there is not a prohibition against further subdivision. In response to a question posed by Commissioner Gifford regarding comments in the staff report, Mr. Hewicker explained that when the General Plan was amended with the exception of one Statistical Area on Irvine Avenue near the Back Bay, the City did not envision that there would be any further subdivision of parcels within the City beyond the growth of the number of dwelling units that were stated in each Statistical Area. The reason that staff indicated in Statistical Area F -3 the possibility of additional dwelling units, was not based on any new subdivision of larger parcels, but was based on the trend where there may be a building site made up of two subdivided lots, where the older home is removed and the owner of the property, instead of rebuilding a single family dwelling on the two parcels elects to observe the original Corona del Mar subdivision and build one house each on the original • lots. In order to avoid repetition of stating the scenario -5- COMMISSIONERS MINUTES CITY o r 'PO o CITY OF NEWPORT BEACH August 20; 1992 ROLL CALL MEX in each of the Statistical Areas, some Areas were worded differently. The staff was not advocating or looking favorably upon the resubdivision of larger parcels in order to create additional growth within the City. There being no others desiring to appear and be heard, the public hearing was closed at this time. Discussion ensued between Commissioner Merrill, Mr. Hewicker, and Don Webb, City Engineer, regarding the foregoing modified Condition No. 6, Exhibit_ "A", and safety concerns regarding driveway access on the property because of the location of the subject property on Bayside Drive. Commissioner Merrill stated that he did not envision additional subdivisions on Bayside Drive when the Land Use Plan was approved by the .. . Commission. In response to a question posed by Commissioner Debay, Mr. Laycock replied that the Zoning Code permits a floor area limit of two times the buildable area on the subject property. Commissioner Gifford stated that she is philosophically opposed to accomplishing change on a piecemeal fashion. She indicated that she had a concern that when there are meetings soliciting public input similar to the adoption of the General Plan, and then to adopt what is potentially a wholesale defacto change and do it piecemeal without the analysis that would be provided if it were an amendment which considered all of the potentially affected lots and notice given, was not as open government as she would support. She stated that she would not support the subject request. Motion Motion was made to deny General Plan Amendment No. 92 -2(B), Local Coastal Program Amendment No. 29, • and Resubdivision No. 981. Commissioner Glover -6- COMMISS$IONERS3 �G�ctO� MINUTES CITY OF NEWPORT BEACH august 20;1992 ROLL CALL INDEX explained that the intent of the General Plan is and has been publicly stated and understood, and to support the subject application would undermine the General Plan and what is trying to be achieved in the City. She expressed her support of the General Plan that was adopted by the Commission and the City Council. Ayes Motion was voted on to deny General Plan Amendment Absent * 92 -2(B), Local Coastal Program Amendment No. 29, and Resubdivision No. 981. MOTION CARRIED. FINDINGS FOR DENIAL A General Plan Amendment 92 -2(B) 1. That the site is more appropriate for the construction of one single family dwelling than to .- allow the subdivision of the lot into two single family building sites. B Local Coastal Program Amendment No. 29 1. That the site is more appropriate for the construction of one single famiy dwelling than to allow the subdivision of the lot into two single family building sites. �L Resubdivision No. 981 1. That the proposed subdivision is not consistent with the Land Use Element of the General Plan or the Local Coastal Program Land Use Plan. -7- COADUssiONExs �c��d�� MINUTES o�t °�' ` o CITY OF NEWPORT BEACH August 20, 1992 ROLL CALL INDEX Resubdivision No. 982 (Public Hearing) Item No. Request to resubdivide a portion of Block 54 of Irvine's R 982 Subdivision into two parcels of land for financing and Approved conveyance purposes and to accommodate the existing commercial developments on property located in the C- 1-H District. LOCATION: Portion of Block 54 of Irvine's Subdivision, located at 301 and 353 East Coast Highway, between. Bayside Drive and Promontory Point, across from the De Anza Mobile Home Park. ZONE: C -1 -H APPLICANT: Penco Engineering, Irvine OWNER: Irvine Industrial Company, Newport Beach ENGINEER: Same as applicant The public hearing was opened in connection with this item, and Mr. Tom Petersen appeared before the Planning Commission on behalf of the applicant. Mr. Petersen concurred with the findings and conditions in Exhibit "A'; however, he requested a clarification of Condition No. 2, Exhibit "A ", regarding curb, gutter, sidewalk and driveways. Don Webb, City Engineer, explained that there are sections in the sidewalk that are cracked. The Public Works Department would walk the site with the applicant so as to determine the sidewalk areas that need to be reconstructed, and he suggested that if landscaping is planted that it be planted on private property. There are driveways on the service station property that are black with rubber indicating . that automobiles have been driving over a section of the -8- CITY OF NEWPORT BEACH August 20,1992 MINUTES. ROLL CALL INDEX raised curb, and the request is that the concerned areas be flared. In response to a comment by Commissioner Glover, Mr. Petersen replied that the service station would not be closed. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner.. Merrill, Mr. Webb replied that. a handicapped section would be constructed in the curb. Motion Motion was made to approve Resubdivision No. 982, Ayes * * * subject to the findings and conditions in Exhibit "A". - - Absent MOTION CARRIED. . FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be recorded. The parcel map be prepared on the California coordinate system (NAD83) and that the final map shall be • submitted to the County in a digital format -9- COMMI6SSIONERS G��d� MINUTES. �°� CITY OF NEWPORT BEACH August 20,1992 ROLL CALL INDEX acceptable to the County. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to the completion of construction project. 2. That the deteriorated and displaced sections of curb, gutter, sidewalk and driveways be reconstructed and that the missing section of sidewalk on Bayside Drive be filled with concrete sidewalk. That flared drive approaches be constructed in accordance with the City's Standard No. 166 -L on driveways that show signs of vehicles driving over curbs. All work along the Bayside Drive frontage shall be completed under an encroachment permit issued by the Public . Works Department. All work along the East Coast Highway frontage shall be completed under an encroachment permit issued by Cal Trans. 3. That any landscaping installed along Bayside Drive be installed outside the street right -of -way. 4. That the existing monitoring well heads along Bayside Drive be adjusted to grade to provide a smoother ride. 5. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map prior to completion of the public improvements. 6. That Coastal Commission approval shall be obtained prior to the recordation of a parcel map. -10- COBEMSSIONERS �F Q c��\Z \ \ MINUTES �Poct o CITY OF NEWPORT BEACH August 20, 1992 ROLL CALL WDEX 7. That prior to the recordation of a parcel map, the applicant shall make all required alterations to the building which may be determined to be necessary by the Building Department. The applicant shall obtain a building permit for all such alterations. 8. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension .is granted by the Planning Commission. Use Permit No. 3050 (Amended) (Public Hearing) item No. Request to amend a previously approved use permit upsosoA which permitted the establishment of a restaurant with Approved on -sale alcoholic beverages, live entertainment and dancing with related prerecorded music and live entertainment, between the hours of 9:00 p.m. and 2:00 a.m. daily on property located in the M -1 -A District. The proposed amendment requests a change in the operational characteristics of the restaurant so as to add a second alcoholic beverage service bar and to redesign the floor plan previously approved by the Planning Commission, which formerly showed separate dining and lounge areas within the facility. The redesigned facility will more nearly resemble the former Hogue Barmichael's, which was previously located in Costa Mesa, in design and function. The applicant intends to replace a portion of the dining tables and chairs with elbow bars, stools, fixed bench seating and booths. The establishment will function as a nightclub between the hours of 9:00 p.m. and 2:00 a.m., more so than a restaurant. LOCATION: Lots 11, 12, 50, and 51, Tract No. . 3201, located at 3950 Campus -11- ENO@ � CITY OF NEWPORT BEACH August 20,1992 MINUTES ROLL CALL INDEX Drive, on the northeasterly corner of Campus Drive and Quail Street, across from the 'John Wayne Airport. ZONE: M -1 -A APPLICANT: Campus Square, Newport Beach OWNER: Same as applicant William. R. Laycock, Current Planning Manager, stated that there is not adequate parking for the entire. restaurant to be open prior to 5:30 p.m.; therefore, 550 . square feet of the area should be closed off to the public. He suggested Condition No. 6 be added to Exhibit "A" stating 'That 550 square feet of 'net public . . area "shall be closed off for customer use prior to 5:30 p.m. and the design of the enclosed area shall be approved by the Planning Department." In response to a question posed by Commissioner Glover, Mr. Laycock explained that subsequent to when the subject application was approved by the Planning Commission on March 19, 1992, the plan approved by the Commission was revised by the applicant. The applicant is submitting the revised plan to the Commission for its approval. The public hearing was opened in connection with this item, and Ms. Brandy Fakier appeared before the Planning Commission on behalf of the applicant. Ms. Fakier indicated that 550 square feet of "net public area" would be closed off during the day as requested by staff. In response to questions posed by Commissioner Glover, Ms. Fakier explained that the applicant was aware that the plan that was submitted to the plan checkers was not the plan approved by the Commission. Because of the -12- L ,qiw JL l kt 1. • 77 I�Q \_0*4 MINUTES CITY OF NEWPORT BEACH August 20; 1992 ROLL CALL INDEX fast food nature of the restaurant and the individuals using the establishment, the public would prefer to utilize the elbow bars that were created in the revised plan. Ms. Fakier compared the floor plan that was previously approved by the Commission with the revised floor plan. The restaurant will operate from 11:00 a.m. to 9:00 p.m., and the nightclub club is proposed to operate from 9:00 p.m. to 2:00 a.m., after the restaurant closes. The music will commence at approximately 9:30 p.m. Ms. Fakier pointed out that Coastline Community College is leaving the subject property; therefore, additional parking would be provided for the restaurant's expansion. Chairman Edwards stated, as a point of interest, that a number of nightclubs are opening in the Newport Beach area. Ms. Fakier stated that the subject establishment is . required by the applicant not to be a nightclub except from 9:00 p.m. to 2:00 a.m., after the businesses in the vicinity are closed. She said that the subject use is a positive use because of the close proximity to the hotels. 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 approve Use Permit Ayes No. 3050 (Amended) - subject to the findings and Absent * conditions in Exhibit 'W' including added Condition No. 6 as previously stated. MOTION CARRIED. FINDINGS: 1. The proposed changes in the operational characteristics of the restaurant is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. -13- 1: COAUMSSIONERS CITY OF NEWPORT BEACH August 20, 1992 MINUTES ROLL CALL INDEX 3. That the proposed change in operational characteristics of the restaurant can be adequately served by existing on -site parking. 4. That the approval of Use Permit No. 3050 (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 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 the proposed development shall be in substantial conformance with the approved plot .. plan, floor plan and elevations. 2. That all previous applicable conditions of approval of Use Permit No. 3050 and subsequent amendments approved on January 24, 1991 and March 19, 1992 shall remain in effect in conjunction with this approval. 3. That the service of alcoholic beverages during the daytime operation of the restaurant shall be ancillary to the primary food service operation. However, after 9:00 p.m. the service of alcoholic beverages may be the primary activity within the restaurant. 4. That the Planning Commission may add or modify conditions of approval to the 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, -14- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH August 20,1992 ROLL CALL INDEX safety, peace, morals, comfort or general welfare of the community. 5. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 6. That 550 square feet of "net public area" shall be closed off for customer use prior to 5:30 p.m. and the design of the enclosed area shall be approved by the Planning Department. Use Permit No. 3454 (Public Hearing) Item No. Request to establish a take -out food establishment uP3454 specializing in seafood where the previous establishment Approved was a take -out yogurt and sandwich shop on property located in the C -1 -H District of Balboa Island. LOCATION: Lot 12, Block 14, Section 4, Balboa Island Tract, located at 322 Marine Avenue, between Balboa Avenue and the North Bay Front Alley, on Balboa Island. ZONE: C -1 APPLICANT: Cape Cod Clam Company, Laguna Beach OWNER: Charles P. Durnian, Newport Beach The public hearing was opened in connection with this item, and Mr. Henry Dahlgren, 1102 Park Avenue, appeared before the Planning Commission on behalf of -15- CITY OF NEWPORT BEACH August 20, 1992 uMTiiWHYM ROLL CALL INDEX the applicant. Mr. Dahlgren concurred with the findings and conditions in Exhibit "A". Mr. Dahlgren explained that the original plan was to install a sit down bar in the center of the service area; however, it was decided to install a fish display case to replace the proposed seating area which would reduce the seating in the public area. He requested that two tables be installed in the center of the public area in front of the display case so as to provide an additional four to six seats. Handicapped restrooms and a. handicapped entrance would be provided, and he requested a table that would be. accessible for a. handicapped person. In response to questions posed by Commissioner DiSano, Mr. Laycock explained that the majority of the . customers would take food out of the take -out restaurant. Mr. Dahlgren explained that 10 seats are also proposed at a counter along the front of the facility. Mr. Laycock referred to the revised plan on display. Discussion ensued regarding the increase in the number of seats that the applicant has requested. Mr. Laycock indicated that the original use permits approved by the Planning Commission in 1983 and in 1986 did not indicate any seating with the exception of bench seating next to the front windows. Commissioner Merrill suggested that the application be continued to allow staff additional time to review the applicant's revised plan. Mr. Dahlgren indicated that he would prefer that the Commission act on the original application and to eliminate his request for the additional seating at tables. In response to a question posed by Commissioner Merrill, Mr. Laycock replied that Condition No. 1 Exhibit "A ", could be amended to state 'That the • proposed development shall be in substantial conformance -16- COMMISSIONERS V40 W ,�\ CITY OF NEWPORT BEACH August 20, 1992 MINUTES ROLL CALL INDEX with the approved revised plot platy floor plan, elevations, as submitted to staff." The revised plan consists of the fish display case and 10 seats at a counter in front of the building. 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. 3454 subject to the findings and conditions in Exhibit "A ", including modified Condition No. 1, Exhibit "A "._ Commissioner DiSano pointed out that it is imperative that businesses be in conformance with approved plans before establishments open so there is not confusion in the future. Commissioner Merrill suggested that Condition No. 13, . . Exhibit "A ", be modified to state "That the proposed bar stool bench seating be limited to a maximum of ten. The maker of the motion concurred with the recommendation. Motion was voted on to approve Use Permit No. 3454 subject to the findings and conditions in Exhibit "A ", Ayes * * * including modified Conditions No. 1 and No. 13. Absent * MOTION CARRIED. FINDINGS: 1. The restaurant facility is consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That the service of the proposed food items will not be detrimental to the surrounding area or increase any detrimental effect of the previously approved use. • -17- COMMISSIONERS CITY OF NEWPORT BEACH August 20, 1992 MINUTES ROLL CALL INDEX 3. That the waiver of development standards as they pertain to parking, setbacks, landscaping, traffic circulation, walls, parking lot illumination and underground utilities will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 4. The approval of Use Permit No. 3454 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. . CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved revised plot plan, floor plan, and elevations as submitted to staff. 2. That kitchen exhaust fans shall be designed to control odor and smoke to the satisfaction of the Building Department. 3. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 4. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Building Code, unless otherwise approved by the Building Department and the • Utilities Department. -18- cONAVIISSIONERS CITY OF NEWPORT BEACH August 20, 1992 MINUTES ROLL CALL INDEX 5. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 6. That all mechanical equipment and trash areas shall be screened from view. 7. That restaurant development standards pertaining to parking, setbacks, landscaping, traffic circulation, walls, parking lot illumination, and underground utilities shall be waived. 8. That the sidewalk on Marine Avenue shall be kept clean and regularly maintained. 9. That no dining shall be permitted within the outdoor breezeway /patio area on the subject lot. .. 10. That Coastal Commission approval shall be obtained prior to the issuance of a building permit. 11. That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code. 12. That the hours of operation shall be limited between the hours of 10:00 a.m, and 9:00 p.m. daily. 13. That the proposed bar stool /bench seating be limited to a maximum of ten. 14. That the Planning Commission may add to or modify conditions of approval to the 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, -19- COMMISSIONERS CITY OF NEWPORT BEACH August 20, 1992 MINUTES. ROLL CALL INDEX safety, peace, morals, comfort or general welfare of the community. 15. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No: 3455 (Public Hearing) item No. Request to permit an expansion and alterations of the UP3455 existing Muldoon's Irish Pub and Restaurant which includes on -sale alcoholic beverages and an outdoor Approved dining court, on property located in the C -O -H District. The proposal includes a request to expand the "net . . public area" of the restaurant so as to add two new interior dining areas, an outdoor dining court, a second bar, and a game area containing one pool table. Said expansion will utilize existing floor area currently used for office and retail purposes and an existing outdoor courtyard. Also included is a request for a reduction in the parking requirement. LOCATION: Parcel 2B, of Parcel Map 43 -28 (Resubdivision No. 335), located at 202 Newport Center Drive, on the southeasterly corner of Newport Center Drive and Anacapa Drive, in Newport Center. ZONE: C -O -H APPLICANTS: Ronald and Sindi Schwartz, Newport Beach OWNER: Same as applicant -20- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES August 20, 1992 ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Todd Schooler, architect, appeared before the Planning Commission on behalf of the applicant. Mr. Schooler addressed Condition No. 9, Exhibit "A ", stating that live entertainment or dancing shall not be permitted, wherein he explained that there may be occasions when a single entertainer would be invited to perform in the restaurant. James Hewicker, Planning Director, explained that the public notice did not include • provision for live entertainment and the request is not • pant of the application.. An amendment to the use permit is required if the applicant wants to provide live. entertainment. Mr. Schooler responded that the applicant would come back at a later date if it is determined to have live entertainment in the restaurant. . In response to a question posed by Chairman Edwards, Mr. Schooler concurred with the findings and conditions in Exhibit "A ". Mr. Schooler submitted a letter from The Irvine Company in support of the application. Mr. Schooler stated that the purpose for the request is to update the establishment and to keep pace with the renovation of Fashion Island. He addressed the requirement of one parking space for each 50 square feet of "net public area" wherein he stated that the subject restaurant is the only existing restaurant in Design Plaza, and the majority of the businesses operate from 9:00 a.m. to 5:00 p.m. He pointed out that the business community walks to the subject restaurant during the lunch hour. Mr. Schooler pointed out the number of parking spaces that are available in Design Plaza and across Newport Center Drive to accommodate the restaurant's clientele. In response to a question posed by Commissioner Merrill, Mr. Schooler explained that the number of . parking spaces that were allocated to The Good Earth -21- COMMSSIONERS CITY OF NEWPORT BEACH MINUTES August 20, 1992 ROLL CALL IIVDEX Restaurant was based on one parking space for every three seats. Discussion ensued with respect to the number of available parking spaces for future tenants that would locate in Design Plaza. In response to a question posed by Commissioner Debay, Mr. Hewicker concurred that Condition No. 17, Exhibit "A", indicating that the Planning Commission may add or modify conditions of approval to the use permit if it is determined that the operation is detrimental to the community, would include any concerns there may be regarding parking. Commissioner Glover stated that the restaurant should not emphasize people parking their automobiles in Newport Center and walking across Newport Center . Drive to the restaurant. Commissioner Gifford expressed her concerns regarding the poor lighting in the Design Plaza parking area at night. She explained that the poor lighting does not encourage people to walk to remote locations in the area. 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. 3455 subject to the findings and conditions in Exhibit "A ". Commissioner DiSano complimented the operation of the restaurant. Ayes * * * * * * Motion was voted on, MOTION CARRIED. Absent Findings: 1. The proposed restaurant expansion is consistent with the General Plan and is compatible with -22- rME1701-041 MINUTES CITY OF NEWPORT BEACH August 20,1992 ROLL CALL INDEX surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed restaurant expansion can be adequately served by existing on -site parking and off -site reciprocal parking. 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 the . developer in accordance with Section 20.80.060 of . the Municipal Code. 6. That the waiver of development.standards as they pertain . to parking illumination, walls, landscaping, building and parking lot circulation will not be detrimental to the adjoining properties given the developed characteristics of the existing facility 7. That the approval of Use Permit No. 3455 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -23- COMMSSIONERS • >> CITY OF NEWPORT BEACH MINUTES August 20, 1992 ROLL CALL INDEX Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. 2. That the "net public area" shall be limited to a maximum of 3,200 square feet (953 sq.ft. of exterior dining and 2,247 sq.ft. of interior dining and bar /lounge area). 3. That all signs shall be constructed in accordance with the provisions of the Sign Newport Beach Sign Ordinance. 4. That the outdoor dining area shall be physically defined by use of permanent fixed barriers or other device acceptable to the Planning Department so as to establish a passageway to the existing office use on the ground floor. 5. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 6. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 7. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. • -24- WMPVWO"),\ CITY OF NEWPORT BEACH August 20, 1992 MINUTES ROLL CALL MEX 8. That restaurant development standards pertaining to walls, parking lot illumination and storage shall be waived. 9. That live entertainment or dancing shall not be permitted in conjunction with this restaurant unless an amendment to this use permit is first approved by the Planning Commission. 10. That all restaurant employees.shall be required to park on -site (within Design Plaza) at all times during the time which the restaurant is operating. 11. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. . 12. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties overlooking the restaurant. 13. That one parking space for each 50 sq.ft. of "net public area" in the restaurant facility shall be provided on -site and within the adjacent parking areas located within Design Plaza. 14. That the required number of handicapped parking spaces shall be designated within the on- site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 15. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. -25- 0-1, *0\0\0'�?� CITY OF NEWPORT BEACH August 20,1992 MINUTES ROLL CALL INDEX 16. That the hours of operation shall be limited between the hours of 5:00 a.m. and 2:00 am. daily, unless an amended use permit is approved by the Planning Commission. 17. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is, detrimental to. the health; safety, peace, morals, comfort or general welfare of the community. 18. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport - - -. . Beach Municipal Code. The Planning Commission recessed at 8:50 p.m. and reconvened at 9:05 p.m. -26- COMMISSIONERS CITY OF NEWPORT BEACH August 20, 1992 MINUTES . . ROLL CALL INDEX Use Permit No. 3456 (Public Hearing) item No. Request to permit the continued operation of an existing UP3456 independent massage establishment located on property in the C -1 District. Approved LOCATION: Lots 1 and 2, Block 9, Tract No. 27, located at 493 North Newport Boulevard, on the northwesterly side of North Newport Boulevard, between Bolsa Avenue and Orange Avenue, in the North Newport _ Boulevard commercial island. ZONE: C -1 APPLICANTS: Nga Thi Wilson and Nuoi Thi . Nguyen, Newport Beach OWNER: Sid Soffer, Costa Mesa Commissioner Glover referred to Condition No. 7, Exhibit "A", regarding the removal of a disabled vehicle, trash, debris, etc. on the subject property, and she inquired if something could be done that would immediately address the requirement. Robin Flory, Assistant City Attorney, explained that the conditions are appropriate to the use, and in the event the conditions are not complied with, Code Enforcement would contact the property owner for compliance. Ms. Flory further explained that the Commission could request a review of the use permit within a specific period of time from the date of approval. Commissioner Glover suggested that the Commission allow the property owner 60 days from the date of approval to remove the vehicle, trash and debris from the parking lot. Chairman Edwards suggested that Condition No. 7 be modified to state That within 60 days from the date of approval, the disabled . vehicle trash and debris shall be removed from the parking -27- 'NAM\0\ MINUTES . CITY OF NEWPORT BEACH August 20,1992 ROLL CALL INDEX lot and if not, the use permit shall be called back to the Commission for review. Commissioner Glover agreed with the suggestion. Commissioner Gifford requested a clarification of a statement in the staff report wherein it states that no additional parking is required in this case. James Hewicker, Planning Director, explained that the property was developed when there were no parking requirements for commercial uses within the District. However, there were parking spaces that were created for the businesses on the site; therefore, the parking spaces that were provided must be kept free and clear for parking. There. is not a change in the use; therefore, the City is not asking for additional parking. In response to a question posed by Commissioner Gifford, William Laycock, Current Planning Manager, explained that it is difficult to determine if there are currently six or seven parking spaces on the site based on the trash that is located on the property. Discussion ensued between Commissioner Gifford, Mr. Hewicker, and Mr. Laycock regarding a parking plan that would indicate an exact number of parking spaces that shall be provided on the site. The public hearing was opened in connection with this item, and Ms. Nga Thi Wilson, applicant, appeared before the Planning Commission. In response to a question posed by Chairman Edwards, Ms. Wilson concurred with the findings and conditions in Exhibit "A ". Ms. Wilson stated that the property owner has indicated that the site would be cleaned as soon as possible. Ms. Flory stated that the property owner is also required to comply with certain conditions on the use permit. Mr. Laycock stated that the property owner has indicated to staff that the parking lot would be cleaned and the automobile would be removed from the • site. -28- MINUTES CITY OF NEWPORT BEACH August 20, 1992 ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by. Commissioner Glover, Ms. Flory explained that a provision in the Massage Ordinance requires that the property owner's signature be a part of the application and other permits that are required. Motion * Motion was made to continue Use Permit No. 3456 until a parking plan has been submitted to staff for review. Substitute Substitute motion was made to approve Use Permit No. Motion * 3456 subject to the findings and conditions in Exhibit "A", including modified Condition No. 7 as previously stated which would require that the site be cleaned up within 60 days from the date of approval or the use 1b permit would come back to the Commission for consideration of revocation. Mr. Hewicker explained that the property must be cleaned up and the parking lot striped within 60 days from the date of approval, and that the parking lot plan for the striping is required prior to the 60 day period. Ayes * Substitute motion was voted. on, MOTION CARRIED. No - Absent FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the project is consistent with the General Plan and is compatible with surrounding land uses. 29- COMMISSIONERS MINUTES. CITY OF NEWPORT BEACH August 20,1992 ROLL CALL INDEX 3. The Police Department has indicated that there are not any police problems associated with the subject operation. 4. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the location requirements for massage establishments will be observed. 5. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight. area. 6. That the continued operation of the existing massage establishment will not be contrary to any . program of neighborhood conservation nor will it interfere with any program of urban renewal. 7. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for worship, school, park or playground. 8. 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. 9. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 10. The approval of Use Permit No. 3456 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing . and working in the neighborhood or be -30- • ���c���°���°� MINUTES . CITY OF NEWPORT BEACH August 20, 1992 ROLL CALL INDEX detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 5. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 6. That all improvements be constructed as required . by Ordinance and the Public Works Department. 7. That within 60 days from the date of approval, the disabled vehicle, trash and the debris shall be removed from the parking lot and if not, the use permit shall be called back to the Commission for review; and that the on -site parking and vehicular circulation be subject to further review and approval by the City Traffic Engineer, and that -31- • `ri M16, r CITY OF NEWPORT BEACH August 20, 1992 MINUTES . ROLL CALL INDEX the parking lot shall also be striped within 60 days from the date of approval. 8. That all employees shall park in the on -site parking area. 9. That the on- street parking shown on the submitted plans shall not be included in the provided parking for the subject use. 10. That the applicants shall replant and continually maintain the existing landscape areas adjacent to their portion of the subject. building. Said plant material for such landscaping shall be subject to the approval of the Planning Department. 11. That the Planning Commission may add to or . modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. DISCUSSION ITEMS: Discussio: Items Amendment #771 No. 1 Request to initiate an amendment to Title 20 of the Newport Beach Municipal Code so as to amend portions Amend �r1 of Districting Maps Nos. 2 -6, 9 -11, 13 -19, 21, 22, 22 -A, . 23 -27, 30, 32, 34, 35, 37, 38, 41, 42, 44, 48 -50, 60, 61, and -32- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES August 20, 1992 ROLL CALL INDEX 65 -67 thereby changing the zoning districts of specific parcels throughout the city, create consistency between the Districting Maps, Chapter 20.33 of the Zoning Code and the General Plan Land Use Element amendments approved on October 24, 1988. Amendment #772 Amend 772 Request to initiate an amendment to Title 20 of the Newport Beach Municipal Code so as to. amend Chapters 20.01, 20.06, 20.68, 20.70, and 20.74 to add references to the Retail Service Commercial (RSC), Administrative, Professional, & Financial Commercial (APF), and Recreational & Marine.Commercial (RMC) . zoning districts. Amendment #774 Amend 774 Request to initiate an amendment to Title 20 of the Newport Beach Municipal Code so as to amend Chapter 2033 (Commercial District Regulations) to permit free- standing ancillary commercial uses in the Administrative, Professional, and Financial Commercial (APF) District; to amend Chapters 20.68 and 20.79 to provide consistent use of the terms "accessory" and "ancillary;' and to amend Chapter 20.87 to add a definition for the term "use - ancillary." The Planning Commission and staff agreed to address the foregoing items simultaneously. Patricia Temple, Advance Planning Manager, stated that Amendments No. 771, No. 772, and No. 774 are part of an on -going program to implement the General Plan . Up -date that was adopted by the City in October, 1988. -33- PIPw A W; MINUTES CITY OF NEWPORT BEACH August 20,1992 ROLL CALL INDEX In that process, the City re- established all of the commercial designations on a City-wide basis. It was in the work program for implementation to follow -up the General Plan action with updating and streamlining of the Commercial Zoning Districts in order to provide for a more precise consistency between the Land Use Element and the General Plan and the Zoning Ordinance. In November, 1990, the City Council adopted an Ordinance establishing new Commercial Districts, i.e.: RSC District for the areas designated Retail and Service Commercial in the General Plan; RMC District for the areas. designated Recreational and Marine Commercial; and APF District for the areas designated Administrative; Professional and Financial Commercial. The City is now rezoning the land which is designated in the. General Plan to the new Commercial Districts. The City intends to leave the old - Commercial Districts for approximately six months; however, eventually all of the old traditional Zoning Districts will be removed from the Zoning Code. Amendment No. 771 would rezone the commercial properties in the City and public notices will be mailed to the property owners. Amendment No. 772 addresses the cross - referencing changes that need to be made in order to assure the cross- reference integrity of the Zoning Ordinance. Amendment No. 774 is the fine - tuning of the Commercial Districts as adopted in November, 1990. There is a concern with the land use provisions in the APF District inasmuch as it does not allow any separate free - standing commercial in Administrative, Professional, and Financial area. A definition for "ancillary" will be added, complimentary to the definition of "accessory". The proposed Amendments in the Zoning Code and within the Commercial District would allow "ancillary" free - standing commercial in the APF District. The -34- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH August 20,1992 ROLL CALL INDEX "accessory" definition in the Zoning Code would allow accessory uses which are on the same lot and subordinate to a primary use. Ms. Temple stated that the Campus Tract between Campus Drive and Birch Street was designated for Administrative, Professional, and Financial Commercial in the adopted General Plan in 1988. The area was previously designated a mix of Retail and Service Commercial, Industrial, or Administrative, Professional, and Financial: Commercial. During the past several .years a number of automotive support uses have been approved in the area as a provision in the M -1 -A - District; however, the new APF District does not allow automotive land uses. The existing automotive uses would become legal non - conforming uses in the APF . District. The Campus Tract is currently undergoing a . transition of land uses, and the area may have a new orientation because The Irvine Company has made the properties available for sale. She stated that a land use designation change to Retail and Service Commercial may be more appropriate for the area inasmuch as that designation would allow office use, support commercial uses, and free - standing retail commercial and it would broaden the permitted land uses and allow automotive support uses and other uses that exist in the area with a use permit. In response to questions posed by Commissioner Debay, . Ms. Temple explained that proposed Amendment No. 774 would only have an impact on the Campus Tract if the area would be rezoned APF. She pointed out that there are use limitations in the APF District, and there are uses in the Campus Tract area that the City may not wish to allow in other APF areas. Commissioner Merrill stated that many of the buildings previously constructed for office use in the Campus . Tract are not competitive in the current office market; -35- COIRMSSIONERS MINUTES CITY OF NEWPORT BEACH August 20, 1992 ROLL CALL INDEX therefore, the property must compete with other uses. He further indicated that airport employees require services that the area could provide, and he suggested that other uses be considered for the Campus Tract. In response to a question posed by Commissioner DiSano regarding traffic circulation in the area, Don Webb, City Engineer, explained that the Mesa /Birch area is being constructed with redevelopment. funds. Ms. Temple stated that office use is being developed in the redevelopment area in Santa Ana Heights. Ms. Temple explained that if the Commission is interested in considering a change for the Campus Tract to Retail and Service Commercial, that a traffic analysis would be required. Retail and Service Commercial is . not supportive of "hard line" industrial uses. James Hewicker, Planning Director, stated that the City is currently sending out the RFP's for the economic base study, and as a result of the economic base study there may be further refinements to the Commercial Zoning Districts. Commissioner Glover stated that she would prefer more latitude than restrictions in the area on the basis that The Irvine Company is selling property in the area. Commissioner Gifford stated that retail and service establishments are important to the area and they would be desirable for the people that are employed in the adjacent businesses. Motion * Motion was made and voted on to continue Amendment Ayes No. 771, Amendment No. 772, and Amendment No. 774 Absent to the Planning Commission meeting of September 10, 1992, to allow staff additional time for further review of the proposed Amendments. MOTION CARRIED. -36- 0-'PRONAPI;�\,\ MINUTES CITY OF NEWPORT BEACH August 20,1992 ROLL CALL INDEX :ss ADDITIONAL BUSINESS: Add ' 1 Busines Motion Motion was made and voted on to excuse Commissioner Ayes * * * * * DiSano from the September 24, 1992, Planning Absent Commission meeting. MOTION CARRIED. ADJOURNMENT: 9:45 p.m. Adjburn HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING . COMMISSION -37-