Loading...
HomeMy WebLinkAbout10/21/1993P N NROW 0 CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: October 21. 1993 MINUTES ROLL CALL INDEX Present * * * Commissioner Pomeroy was absent. Absent « « « EX -OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Bob Burnham, City Attorney William R. Laycock, Current Planning Manager John Douglas, Principal Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes of October 7. 1993 minutes of 10 -7 -93 Motion Motion was made and voted on to approve the October 7, 1993, Ayes Planning Commission Minutes. MOTION CARRIED. Abstain .Absent * « s s Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, October 15, 1993, in front of City Hall. • s * COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 21 1 ROLL CALL INDEX Resubdivision No 1001 (Public Hearing) item No.. Request to resubdivide two existing lots into two parcels of land R1001 for a two unit residential condominium development on each Approved parcel, on property located in the R -2 District. LOCATION: Lots 1 and 3, Block 543, Corona del Mar, located at 501 and 503 Poppy Avenue, on the northwesterly corner of Poppy Avenue and Second Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Marsh Development Co., Fullerton • OWNER: Same as applicant ENGINEER: Duca- McCoy, Inc., Corona del Mar The public hearing was opened in connection with this item, and Mr. Harry Marsh, applicant, appeared before the Planning Commission. Mr. Marsh concurred with the findings and conditions in Exhibit "A". 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 Resubdivision No. * * * * * 1001, 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- COMMISSIONERS - d \00xlllmli��\60\1 \010 \41\74\\h0o CITY OF NEWPORT BEACH MINUTES —' October 21 1993 ROLL CALL DNDEX 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to issuance of building permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 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 completion of construction project. • -3- COMMISSIONERS •�C��o ;ece�ooso CITY OF NEWPORT BEACH 1i 1nF57, Vctober zi lvv3 ROLL CALL INDEX 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. 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 or obtain a building permit prior to completion of the public improvements. 5. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 6. That a 10 foot radius corner cutoff at the corner of Second Avenue and Poppy Avenue be dedicated to the public. 7. That County Sanitation District fees be paid prior to issuance of any building permits. 8. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 9. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 10. That the intersections of Second Avenue and the alley be designed to provide adequate sight distance. The sight plane line shall be measured from 5 feet behind street right -of -way at the alley setback line and projected 15 feet along the property line on Second Avenue. Slopes, -4- • its CITY OF NEWPORT BEACH MINUTES October 21 1993 ROLL CALL INDEX landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. 11. That the displaced curb and gutter along Second Avenue be reconstructed and the trees root pruned unless otherwise approved by the Public Works Department; that a sidewalk be constructed along the Second Avenue frontage and that the curb return at the comer of Poppy Avenue and Second Avenue be reconstructed with a 20 foot radius and a curb access ramp unless otherwise approved by the Public Works Department. 12. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the Public Works Department. 13. That the Public Works Department plan check and inspection fee be paid. 14. That a park dedication fee for three dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code. 15. 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. s s s • -5- - N ;so CITY OF NEWPORT BEACH MINUTES October 21 1193 POLL CALL INDEX A. General Plan Amendment No. 93 -1 (A) (Public Hearing) Item No.2 Request to amend the Land Use Element of the General Plan so CPA (R1338) S) as to designate the subject property for "Single -Family Detached Residential" use. LCP 32 (81339) INITIATED BY: The City of Newport Beach A781 (81340) Approved AND B. Local Coastal Program Amendment No. 32 (Public Hearinel Request to amend the Local Coastal Program Land Use Plan so as to designate the subject property for "Single - Family Detached • Residential' use. INITIATED BY: The City of Newport Beach AND C. Amendment No. 781 (Public Hearing) Request to amend a portion of Districting Map No. 20 so as to add the subject property to the R -1 -B District (Single - Family Residential). AND D Tentative Map of Tract No 14795 (Public Hearing) Request to subdivide a 1.22 -acre parcel of land into 18 lots for conveyance purposes. LOCATION: Parcel 1, Parcel Map 89 -137, easterly of existing lots located at 540-626 Seaward Road on property between Isabella Terrace and De Anza Drive, in Corona Highlands. -6- COMMISSIONERS 7- P O CITY OF NEWPORT BEACH u ►f�ii`O 'Row October 21, 1993 ROLL CALL INDEX ZONE: Unclassified (recently annexed into the City) APPLICANT: Seaward Seventeen, Inc., Corona del Mar OWNER: Same as applicant ENGINEER: Duca - McCoy, Inc., Corona del Mar James Hewicker, Planning Director, referred to the additional suggested conditions of approval to the Tentative Map of Tract No. 14795 as stated in the addendum to the staff report. Suggested Condition No. 6 states that the Final Map indicates that the proposed parcels are not legal building sites and a separate building could not be constructed on the parcels. Proposed Condition No. 7 states that the property is no longer located in the Unincorporated Area of the County, and the Final Map shall • indicate that the property is located in the City of Newport Beach. In response to a question posed by Chairman Merrill, Mr. Hewicker explained that the parcels could only be joined if the individual property owners filed a Lot Line Adjustment. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that the Tentative Map of Tract No. 14795 is considered by the Coastal Commission. Lot Line Adjustments are reviewed by the Modifications Committee and not by the Coastal Commission. The public hearing was opened in connection with this item, and Mr. Dennis O'Neil, 608 Seaward Road, appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A ", and the aforementioned Conditions No. 6 and No. 7. There being no others desiring to appear and be heard, the public hearing was closed at this time. -7- COMMISSIONERS db \11PONAM401-IRWO CITY OF NEWPORT BEACH MINUTES s October 21, 1993 ROLL CALL INDEX Motion * Motion was made and voted on to approve General Plan Ayes * * * Amendment No. 93 -1(A) (Resolution No. 13381, Local Coastal Absent * Program Amendment No. 32 [Resolution No. 13391, Amendment . No. 781 [Resolution No. 1340], and Tentative Map of Tract No. 14795, subject to the findings and conditions in Exhibit "A ", and suggested Conditions No. 6 and No. 7. MOTION CARRIED. A. COMPLIANCE WITH CEOA• Fin in That the proposed project is exempt from the provisions of CEQA pursuant to Guidelines Section 15061(b)(3) which states the general rule that CEQA applies only to projects which have the potential for causing a significant effect on . the environment. B. GENERAL PLAN AMENDMENT NO. 93 -1(A): Adopt Resolution No. 1338, recommending City Council approval of General Plan Amendment No. 93 -1(A). C. LOCAL COASTAL PROGRAM AMENDMENT NO, 32: Adopt Resolution No. 1339, recommending City Council approval of Local Coastal Program Amendment No. 32. D. AMENDMENT NO. 781: Adopt Resolution No. 1340, recommending City Council approval of Amendment No. 781. E. TENTATIVE TRACT NO. 14795: Finding : 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. r -8- CITY OF NEWPORT BEACH MINUTES Now October 21 1993 ROLL CALL INDEX 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed subdivision presents no problems from a planning standpoint. 4. 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. 5. That the subdivision is exempt from the park dedication and in -lieu fee requirements of Title 19 of the Municipal Code inasmuch as the subdivision will not permit the development of any additional residential units. Conditions: 1. That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9- 330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the final map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control • System established by the County Surveyor in a -9- .off R�ol�c�,d�d's • CITY OF NEWPORT BEACH MINUTES October 2 1993 ROLL CALL INDEX manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 1& 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 completion of construction project. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That no structural improvements (ie: walls, fences, planters, buildings, etc.) or trees be constructed within the City's ten (10) foot wide water easement that crosses Lots No. 8, 9, 10, 11, 12, 13,14, 15, 16, • 17, and 18 and that the owners of the parcels execute Encroachment Agreements with the City for any existing or proposed improvements over the water easement. The Agreements shall protect the City from liability and require the property owners to replace the private improvements if the City removes them in the maintenance or replacement of the City's water main improvements. The Agreements shall be executed prior to recordation of the final tract map and shall be recorded concurrently with the tract map. 5. That no structural improvements shall be constructed within the drainage easement that crosses Lats No. 1 and 2. 6. The final map shall indicate that the parcels created are not legal building sites through the use of lettered lots or other mechanism acceptable to the Public Works Department. • -10- COMMSSIONERS CITY OF NEWPORT BEACH MINUTES October 21 1 ROLL CALL INDEX 7. The final map shall indicate that the property is located within the City of Newport Beach and shall be prepared to City standards. Use Permit No. 3012 (Amended) (Public Hearing) Item No. Request to amend a previously approved use permit that permitted up 3012A Approved the establishment of a take -out food establishment specializing in shaved ice products and was later changed to a muffin, yogurt and coffee shop on property located in the RSC -R District. The previous approvals also included the waiver of all of the required off - street parking spaces. The proposed amendment involves the following changes to the operational characteristics of the facility: . a request to expand the hours of operation from 7:00 a.m.-10:00 p.m. daily to 6:00 a.m. -11:00 p.m daily; the addition of live entertainment; expanded interior seating from 10 seats to 14 seats; and the addition of outdoor eating consisting of three tables and six seats. The proposal also includes a request to waive all of the required off - street parking. LOCATION: Lot 12, Block 14, Balboa Island, located at 322 Marine Avenue, on the easterly side of Marine Avenue, between Balboa Avenue and the Balboa Island Channel, on Balboa Island. ZONE: RSC -R APPLICANT. Leroy C. Sutherland, Balboa Island OWNER: Charles F. Durnian, Newport Beach James Hewicker, Planning Director, stated that the live entertainment that has occurred at the subject establishment on a trial basis was not permitted under the current use permit. A letter was received from Gil Ferguson, a Balboa Island resident, • in support of the request. -11- • �qi CITY OF NEWPORT BEACH MINUTES 0 ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Leroy Sutherland, 1401 North Bay Front, applicant, appeared before the Planning Commission. Mr. Sutherland passed a, photograph of the subject establishment to the Planning Commission, and he referred to signed petitions and letters in support of the establishment. In response to a question posed by Chairman Merrill, Mr. Sutherland concurred with the findings and conditions in Exhibit "A" (as submitted by the applicant with the exception of deleting the proposed outdoor eating area). In reference to Exhibit "B ", he objected to Condition No. 8 requesting that the hours of operation be limited between the hours of 7:00 a.m. and 10:00 p.m. daily inasmuch as the peak hours of the coffee house are in the mornings. The 6:00 a.m. opening is essential to the business and the customers on Balboa Island. In response to questions posed by Commissioner Edwards, Mr. • Sutherland explained that a coffee and donut establishment near his business opens at 5:30 a.m.; that the live entertainment be allowed from 8:00 p.m. to 10:00 p.m.; the current live entertainment has been performing from 8:00 p.m. to 10:00 p.m. Fridays and Saturdays nights only with the exception of one Thursday evening from 8:00 p.m. to 10:00 p.m.; there are several food establishments that are open until 11 :00 p.m. and he requested to be open until 11:00 p.m. to accommodate the customers; and the live entertainment would create a quiet environment for the customers. In response to a question posed by Commissioner DiSano with respect to why the business was opening at 6:00 a.m., a violation of the current use permit, Mr. Sutherland explained that businesses on Balboa Island are opening at 6:00 a.m. without complaints, and he received complaints from his customers that his business was not opening at 6:00 a.m. Mr. Hewicker explained that the legal nonconforming food establishments on Balboa Island were opened prior to use permit requirements (Balboa Island Village Inn and Dad's Donuts) and • the businesses have been allowed to maintain their original _12_ COMMISSIONERS nq; wRPP"'tpr\owlmeo\e��' w) %J� *%�&\'�%o CITY OF NEWPORT BEACH MINUTES October 21 1993 ROLL CALL INDEX operating hours; however, the businesses would be required to apply for a use permit if they requested to open earlier or later than the current hours of operation. Five use permit applications have been applied for at the subject location, and inasmuch as use permits run with the land, he pointed out that concerns have been expressed in the past regarding the close proximity of the business community to the residential area. In response to a question posed by Commissioner Ridgeway with respect to limiting the type of entertainment, Mr. Hewicker explained that conditions can be placed on a use permit pertaining to the size of the group or limiting amplified instruments. In response to questions posed by Commissioner Glover, Mr. Hewicker replied that live entertainment usually requires that doors and windows be closed so the sound does not carry into the . adjoining areas. Mr. Sutherland stated that if the doors and windows would be closed during the summer months, the building would be warm. The entertainment would consist of no more than two musicians. Mr. Ralph Rodheim, 311 Onyx Avenue, President of the Balboa Island Association, appeared before the Planning Commission to express his support of the application. The subject establishment has created a unique service for the Balboa Island residents, and he emphasized the need for similar positive businesses in the community. He stated that the live entertainment is contained in the building and it has not interfered with the adjoining neighborhood. The residents prefer that the coffee houses open at 6:00 a.m. Mr. Rodheim and Chairman Merrill discussed the suggestion to control the sound of the live entertainment. Commissioner Glover stated that she supports the request to allow the windows to be open in the summer, and that businesses similar to the subject establishment should be encouraged. Mr. Rodheim . stated that the community would police the establishment and if -13- COMMSSIONERS • �9�FO,, t�+P'i'0��0 CITY OF NEWPORT BEACH MINUTES "NEW Uctoner Lt IVYJ ROLL CALL INDEX there would be noise emitting from the building, they would contact the applicant to inform him that the sound is disturbing the neighborhood. Commissioner Glover stated that Balboa Island is a cohesive neighborhood and Mr. Rodheim's suggestion could be accomplished. Mr. Ray Lowy, 333 Onyx Avenue, owner of Accent Interiors on Balboa Island, appeared before the Planning Commission to express his support of the application. He stated that no noise comes from the subject business, and it is one of the nicest benefits to the Island in many years. There are other businesses on the Island that are violating the 6:00 a.m. opening; however, if they were not allowed to be open, the residents would take their business off the Island. In response to a question posed by Commissioner Ridgeway • regarding the traffic on the Island, Mr. Lowy replied that very few automobiles come to Balboa Island at 6:00 am. and the patrons of the coffee house in the evening are already on the Island. Mr. Jeff Roberts, General Manager of the Balboa Beach Company, and an adjacent resident to the subject establishment, appeared before the Planning Commission to express his support of the subject business, the extended operating hours, and the live entertainment. The open windows would enhance the feeling that the Island is noted for, and sounds from the establishment have not disturbed him. The residents that live on Marine Avenue are more disturbed by the automobiles driving on the street. In response to questions posed by Commissioner Edwards, Mr. Roberts replied that the establishment would provide quality entertainment on Balboa Island. Inasmuch as the entertainment has not disturbed him, he stated that he was not aware of how long the entertainment had been occurring in the take -out food establishment. • -14- COMMISSIONERS wabbOOMex, M% kw\po' CITY OF NEWPORT BEACH MINUTES MW I I I I October 21 1993 ROLL CALL INDEX In response to a question posed by Chairman Merrill, Mr. Roberts replied that he has occupied his Marine Avenue apartment for eight months or prior to the opening of the subject facility. Ms. Betty Fellinge, 309 Grand Canal, appeared before the Planning Commission. Ms. Fellinge concurred that the establishment is a positive addition to Marine Avenue; however, she expressed her concerns with respect to the applicant's violations to the existing use permit: i.e. the operating hours, the limited number of seats, and the live entertainment. Ms. Fellinge and Commissioner Ridgeway discussed Ms. Fellinge's support of the business, her concerns that the applicant has been in violation of the existing use permit, and the applicant did not comply with the existing conditions on the use permit. She stated that the applicant applied for the subject application only after the • Code Enforcement Office contacted the applicant on September 15, 1993, stating that the business was in violation of the use I permit. Ms. Kathy Wells, 2323 Eastbluff Drive, owner of Martha's i Bookstore on Balboa Island and President of the Balboa Island Business Association, appeared before the Planning Commission. Ms. Wells stated that it is expensive for a business to apply for a use permit application, and a business owner will often test the market to see if there is a need for a specific service. Mr. Scot McVean, 220 Marine Avenue, owner of Pain du Monde, appeared before the Planning Commission. Mr. McVean concurred that the community supports a 6:00 a.m. opening for the coffee houses, and he stated that his coffee shop business also requires a 6:00 a.m. opening to financially exist. The use permit fee is expensive for a small business owner that is starting a new use. In response to a question posed by Chairman Merrill, Mr. McVean replied that his coffee establishment in Corona del Mar opens at 6:00 a.m., and the Atrium Court facility opens at 7:00 a.m. The operating hours of the Balboa Island shop are from 6:00 a.m. to 2:00 p.m. to serve the local residents. -15- CONMUSSIONERS o t ��o9`Po 0 CITY OF NEWPORT BEACH MINUTES 'Raw October 21 113 ROLL CALL INDEX Mrs. Lynn Newton, 1407 North Bay Front, appeared before the Planning Commission. She concurred that the subject establishment is an asset to Balboa Island; however, she expressed her concern that the business is adjacent to the residential property. Operating hours of the Balboa Island food establishments have been approved from 7:00 a.m. to 10:00 p.m., and she requested that the subject business be required to remain closed at 10:00 p.m. and to keep the windows closed so as not to disturb the residents. She agreed with the applicant's request to open at 6:00 am.; however, if the business would be allowed to be open until 11:00 p.m., the establishment would then begin to remain open until 12:00 midnight. Mrs. Newton expressed her concern that the requested application would set a precedent on Balboa Island and that would be detrimental to the residents who reside adjacent to the business area. • In response to a question posed by Commissioner Ridgeway, Mrs. Newton explained that she opposed the 11:00 p.m. closing because of the traffic, noise, and the disturbance to the neighbors. i There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Gifford stated that Commissioner Pomeroy requested that she report that he supported the extended operating hours. Bob Burnham, City Attorney, responded that inasmuch as Commissioner Pomeroy is not at the public hearing, his thoughts could not be considered by the Planning Commission. In response to a question posed by Commissioner Edwards regarding live entertainment, Mr. Burnham replied that a condition could be added to the use permit stating that the live entertainment shall not have an adverse impact in the area. Mr. Burnham indicated that it was his impression that the applicant requested, and the public notice indicated, that live entertainment would be provided only on Friday and Saturday evenings. • -16- COMMISSIONERS • � y���c�4����'os�'o CITY OF NEWPORT BEACH u5-;� 1 ,Row ucrooer Li, iyy.3 ROLL CALL INDEX Commissioner DiSano addressed the earlier testimony that business owners would like to have an opportunity to test the market prior to applying for a use permit, and he stated that a business is required to have a permit prior to 'testing the market'. lotion * Motion was made to approve Use Permit No. 3012 (Amended) subject to the findings and conditions in Exhibit "A", on the basis that Condition No. 12 states that the Planning Commission may add or modify conditions of approval if it is determined that the operation is detrimental to the neighborhood. He recommended that Condition No. 11 be modified to state that the operation shall be limited between the hours of 6:00 a.m. and 10:00 p.m. Sunday through Thursday, and between 6:00 am. and 11:00 p.m. Friday and Saturday. Following a discussion of Condition No. 5, regarding live entertainment, it was decided to modify Condition No. 5 to state that the live entertainment shall be permitted from 8:00 p.m. to 10:00 p.m. daily. 111titute Substitute motion was made and voted on to approve Use Permit lotion * No. 3012 (Amended) subject to the findings and conditions in kyes * * * Exhibit "A ", aforementioned Condition No. 11, and Condition No. q°es * * 5 would state that the live entertainment would be permitted from 9bsent * 8:00 p.m. to 10:00 p.m. Friday and Saturday only. MOTION CARRIED. Mr. Sutherland reappeared before the Planning Commission to explain that his request was not to restrict the live entertainment to Friday and Saturday evenings only, as referred to during the public hearing. His application requested that live entertainment be permitted daily. Reconsider Kbtion Following a discussion, Commissioner Glover made a motion to Ayes * * * * * reconsider the substitute motion inasmuch as it was her impression No * that the applicant requested live entertainment only on Friday and Absent Saturday evenings. Motion was voted on, MOTION CARRIED. sub.Motion Substitute motion was voted on to approve Use Permit No. 3012 Ayes * * (Amended) subject to the findings and conditions in Exhibit "A ", Noes A* _17. COMMISSIONERS ' fGpfO� �9sq� �O • CITY OF NEWPORT BEACH MINUTES October 21 1993 ROLL CALL INDEX and to modify Condition No. 5 and Condition No. 11, as previously stated. MOTION DENIED. 4otion * Motion was voted on to approve Use Permit No. 3012 (Amended) ayes * * * * subject to the findings and conditions in Exhibit W, that * Condition No. 5 would be modified to state that live entertainment %b sent would be allowed from 8:00 p.m. to 10:00 p.m. daily; and to modify Condition No. 11 stating that the hours of operation shall be limited between the hours of 6:00 a.m. and 10:00 p.m. Sunday through Thursday, and between 6:00 a.m. and 11:00 p.m. Fridays and Saturdays. 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 project will not have any significant environmental impact. 3. That the proposed live entertainment is in keeping with the existing restaurant operation and will be confined to the interior of the restaurant. 4. That the waiver of development standards as they pertain to parking, setbacks, landscaping, traffic circulation, walls, parking lot illumination and underground utilities will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 5. That the proposed use, as approved, does not represent an intensification of use that will result in an increased parking demand. 6. The approval of Use Permit No. 3012 (Amended) will not, under the circumstances of this case, be detrimental to the -18- CopMWSSIONERS �L,9�pfll .p'Pp� 0 CITY OF NEWPORT BEACH MINUTES VCtot)er 'Ll I'm ROLL CALL INDEX 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 and floor plan except as noted below. 2. That all applicable conditions of approval of Use Permit No. 3012 and Use Permit No. 3012 (Amended) shall remain in effect. 3. That restaurant development standards pertaining to . parking, setbacks, landscaping, traffic circulation, walls, parking lot illumination, and underground utilities shall be waived. That no alcoholic beverages shall be sold on the premises unless the Planning Commission approves an amendment to the use permit. That the live entertainment shall be limited so that the sound from the live entertainment shall be confined to the interior of the structure; and further that when the live entertainment is performed, all windows and doors within the restaurant shall be closed except when entering and leaving by the main entrance of the restaurant. The live entertainment shall be permitted between 8:00 p.m. and 10:00 p.m. Sunday through Thursday, and between 8:00 p.m. and 11:00 p.m. Friday and Saturday. That an Entertainment Permit for the proposed live entertainment shall be approved by the City in accordance with Section 5.28.040 of the Municipal Code prior to its implementation. -19- COMMISSIONERS • Ao9��roo oo��s o { i'o 'Po 0 CITY OF NEWPORT BEACH MINUTES October 21 1993 ROLL CALL INDEX 7. That all exterior lighting and signs shall conform to Chapters 20.06 and 20.72 of the Newport Beach Municipal Code. 8. That the maximum seating or counter space shall be limited to 14 seats or stools within the proposed facility. 9. That the interior dining area shall be limited to a maximum of 250 sq.ft. within the facility, and that no dining shall be permitted within the outdoor breezeway /patio area on the subject property. 10. That Coastal Commission approval shall be obtained prior to implementation of this approval. 11. That the hours of operation shall be limited between the . hours of 6:00 a.m. and 10:00 p.m. Sunday through Thursday, and between 6:00 a.m, and 11:00 p.m. Friday and Saturday. 12. 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, safety, peace, morals, comfort or general welfare of the community. 13. 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. • -20- CITY OF NEWPORT BEACH MINUTES Now October 21 1993 ROLL CALL INDEX Use Permit No. 3387 fAmended) (Public Hearing) Item No.? Request to amend a previously approved use permit which UP3387A roved permitted the expansion of an existing non -profit private club associated with substance recovery located in an existing commercial building which is nonconforming relative to the off - street parking requirement. The building is located in the "Specialty Retail" area of the Cannery Village /McFadden Square Specific Plan Area. Said approval also included the waiver of a portion of the required parking. The proposed amendment involves a request to modify Condition No. 2 of the previously approved use permit, so as to permit the use of the ground floor meeting rooms for meetings beginning or ending between 6:00 a.m. and 10:00 a.m. Monday through Friday, and to allow the ground floor portion of the building to be occupied by more than 64 persons, whereas said condition currently prohibits such use. LOCATION: Lots 32 and 33, Block 431, Lancaster's Addition, located at 414 32nd Street, on the southerly side of 32nd Street between Newport Boulevard and Villa Way, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANT: The Newport Beach Alano Club Inc., Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that the Alano Club is currently permitted to occupy only the upstairs at specific times with smoking and non - smoking members attending the meetings. The purpose of the request is to provide a non - smoking environment for members by allowing the downstairs to be used as a meeting area in addition to the upstairs. In response to • questions posed by Chairman Merrill, Mr. Hewicker stated that at -21- COMMISSIONERS • 9?o rr , 'Poo CITY OF NEWPORT BEACH MINUTES C)ctober 21 1993 ROLL CALL INDEX the present time, the Alano Club has not been allowed to use the downstairs area for meeting rooms in the mornings, Monday through Friday. The combined upstairs and downstairs meetings would not be allowed to exceed 100 people, or the applicant would be in violation of the use permit. There does not appear to be a problem with the on- street parking on the nights when there are meetings at City Hall. There is no proposal to change the limitation on the use of the Club on the nights that the City Council, the Planning Commission, or the Parks, Beaches and Recreation Commission are in session. There are conditions of approval on the original use permit that are not being modified, and when the use permit was approved, the Planning Commission imposed the ability to call the use permit back for review. He stated that the Planning Commission has the ability to consider reviewing the use permit at a future date if there are individuals expressing their concerns regarding the current operation of the . Alano Club during the public hearing. The public hearing was opened in connection with this item, and Mr. Steve Dobbie, 423 -31st Street, appeared before the Planning Commission on behalf of the applicant. Mr. Dobbie explained that the Club does not intend to begin their meetings at 6:00 a.m. as stated in the proposal to modify Condition No. 2 of the previously approved use permit. The 6:00 a.m. to 10:00 a.m. was established by the original application to facilitate City Hall parking, and the Club's 6:30 a.m. meeting. The intent of the proposal is to move an existing conforming condition downstairs, and there is no intent to start more meetings; however, there is a conflict in the meeting rooms during the 6:30 a.m. to 7:30 am. meeting. It would relieve the pressure of using the rear portion of the second floor in the building during the morning. If the meeting that is presently held in the Club Room is moved downstairs, then it would restrict any use of the rear portion of the building during the morning which would remove impacts of the adjacent neighborhood. Club members would enter the building from the front of the building and not from the rear of the building. Presently the Club Room has a series of windows along the rear • portion of the building on the alley, and an exterior door and -22- CONIIVIISSIONERS c�, 9�o�tt��'Poy'poys o • CITY OF NEWPORT BEACH MINUTES October 21 1993 ROLL CALL INDEX stairway. The rear doors and windows are generally open for the purpose of air circulation and ventilation, and physical circulation out of the building. The lower portion of the building has no windows on the ground floor, only an emergency exit door that would only be operable from the inside of the building and not used from the outside. In response to questions posed by Commissioner DiSano, Mr. Dobbie replied that the adjacent neighbors have not contacted him directly regarding complaints they may have with respect to the current operation of the Alano Club. Mr. Dobbie stated that he has been a liaison between the City staff and the Club with respect to any concerns that staff may have regarding the Club. The original use permit was applied for and granted when the previous tenant left the premises, and the non -profit Club assumed the use . of the first floor. In response to comments by Chairman Merrill, Mr. Dobbie explained that the Club occasionally applies for a Special Event Permit to request special parties. Mr. James Wilkoski, 416 - 32nd Street, appeared before the Planning Commission as property manager of 416, 418, 420, 424 - 32nd Street. He explained that the noise and a variety of disturbances caused by members of the Alano Club are detrimental to the tenants of the aforementioned properties. Mr. Wilkoski stated that it is feasible that more members will attend the Club because of the non - smoking room. The Planning Commission should not encourage the longevity of the Alano Club at the subject location, and he addressed the mixed -use in Cannery Village of commercial downstairs and residential upstairs. In response to comments by Mr. Wilkoski regarding the number of permitted occupants on the second floor, Mr. Hewicker explained that no more than 100 people would be allowed on the premises at one time, and the Code Enforcement Division in the Planning Department should be contacted if there are concerns regarding the number of occupants in the building. • -23- CITY OF NEWPORT. BEACH MINUTES October 21 199)3 ROLL CALL INDEX Mrs. Darlene Wilkoski, 416 - 32nd Street, appeared before the Planning Commission to express her opposition to any type of expansion of the Alano Club. She stated that the Club has been using the downstairs area of the Club. Mr. Joseph Posito, 422 - 31st Street and his business is located at 411 - 31st Street, appeared before the Planning Commission. The Alano Club is threatening the neighborhood because of the disturbances that are created by many of the members of the Club. He addressed the noise that emits from the downstairs room in the mornings, and by allowing the downstairs to be used would not be beneficial to the neighborhood. He stated that the neighborhood is disturbed by the occupants of Silver Living by the Sea, a facility that is affiliated with a rehabilitation center on the ocean front. Mr. Art Pease, 410 - 32nd Street, appeared before the Planning . Commission. He explained that the Alano Club is detrimental to his mixed -use property because of the noise, and he contacted the Code Enforcement Division, the manager of the Alano Club, and Mr. Dobbie regarding his concerns. The Alano Club members regulate the operation of the Club; each expansion has had a negative impact on the community; and the Club has not issued reports regarding their activities. In response to questions posed by Commissioner Ridgeway, Mr. Pease explained that the noise corning from the Club from 6:00 a.m. to 7:30 a.m. disturbs the neighborhood. He stated that the Newport Beach Alano Club could be considered a business, and the management has stated that revenue is required to operate the establishment. Mr. Dobbie reappeared before the Planning Commission. In response to questions posed by Chairman Merrill, Mr. Dobbie explained that the Newport Beach Alano Club requires a substantial amount of money to operate, and the money is not for profit. The Club operates in the negative all year and there are two or three fundraisers a year that assist the Club financially. In response to the noise, the meetings that are currently held upstairs are two distinctive meetings and there are two distinctive secretaries at each meeting. The proposal would allow the current -21- CITY OF NEWPORT BEACH MINUTES October- 1 ROLL CALL INDEX two upstairs meetings at two different locations, i.e. the upstairs and downstairs meeting rooms. The two meetings would permit only a limited number of occupants. Any meetings held downstairs in the mornings are currently on Saturdays and Sundays, which are an allowed use. The noise factor should be helped by moving one of the meetings downstairs inasmuch as the noise generated comes from the rear portion of the building. In response to questions posed by Commissioner Gifford, Mr. Dobbie recommended that Giorgi Katsenes, the Manager of the Newport Beach Alano Club, or himself could be contacted by any of the neighbors who have concerns regarding the Club. Mr. Dobbie explained that every effort is being made to remove the individuals who are a nuisance to the Club and the neighborhood. Mr. Dobbie emphasized that there is no intention to increase the use of the facility. In response to a question posed by Mr. Hewickei and Commissioner Gifford, Mr. Dobbie stated that inasmuch as he is presently living out -of -state that, as a former President of the club, he will institute a committee to work with the neighbors regarding their concerns. Mr. Robert Dohr, 417 - 31st Street, appeared before the Planning Commission, property owner of. a mixed -use building. He commented that he was informed by City staff that the Cannery Village mixed -use regulations state that businesses have priority parking during the day and residents have use of the parking at night. He described numerous disturbances by Club members that are detrimental to the community. He stated that exceptions are being made by the Club that are not in keeping with the same rules that are being imposed by other people in the area. There being no others desiring to appear and be beard, the public hearing was closed at this time. -25- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES uctooer zl iris ROLL CALL INDEX Commissioner Edwards addressed the aforementioned testimony. He stated that if the proposed meetings would be moved lotion * downstairs it is possible it could lessen the situation. Motion was made to approve Use Permit No. 3387 (Amended) subject to the findings and conditions in Exhibit W, and to add Condition No. 7 stating that the applicant shall provide City staff, within thirty days from the date of approval, the name of the individual(s) to contact if Mr. Dobbie is out -of -town. That person(s) shall be considered in charge for the applicant. Commissioner Glover supported the motion, and Condition No. 7. She stated that the business is not out of context for the Cannery Villlage /McFadden Square Specific Plan Area. She stated that the Newport Beach Alano Club is an organization that supports individuals who are trying to help themselves through a • rehabilitation program. Commissioner Ridgeway addressed the neighbors' complaints. He stated that the applicant has made no attempt to mitigate the noise. The noise could be mitigated a number of ways, i.e. speaking to the Club members or to request that a member monitor people coming in and out of the Club meetings. The Planning Commission and staff discussed the neighbors' concerns regarding noise, and to consider calling up the original use permit for review. wended Condition No. 8 was added to state that the applicant shall undertake self - monitoring of noise that the Alano Club is not detrimental to the health, safety, peace, morals, comfort, or eneral welfare of persons residing or working in the eighborhood, and that the original use permit shall be reviewed 90 days. mmissioner Ridgeway supported the addition of Condition No. to the motion. In response to a comment by Commissioner lover to not interfere with the Alano Club program, • -26- COMMISSIONERS • CITY OF NEWPORT BEACH I&IOU111 lai.9 October 21 1993 ROLL CALL INDEX Commissioner Ridgeway stated that proposed Condition No. 8 would not place restrictions on the Club. Ayes Motion was voted on to approve Use Permit No. 3387 (Amended) Absent subject to the findings and conditions in Exhibit "A ", and to add aforementioned Conditions No. 7 and No. 8. MOTION CARRIED. FINDINGS: 1. The proposed project as conditioned, has demonstrated that the peak hour traffic and the average daily traffic to be generated by the subject use of the building will not exceed that generated by the existing permitted uses of the second floor portion of the building. i2. That the projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed, per City Council Policy S -1. 3. That the structure on the site was constructed prior to October 25, 1988 and is consistent with the policies and ordinances in effect at the time of construction. 4. That the applicant is the sole tenant of the building who will limit the use of the building in accordance with the approved use permit. 5. That the proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 6. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 7. The approval of Use Permit No. 3387 (Amended) will not, . under the circumstances of this case, be detrimental to the -27- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October "Ll, IVYS ROLL CALL INDEX 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 compliance with the approved site plan and floor plans, except as noted below. 2. That all previous applicable Conditions of Approval for Use Permit No. 3387 shall be fulfilled except that Condition No. 2 of said approval shall be deleted. 3. That the maximum permitted occupancy for the subject building shall not exceed 100 persons between 6:00 a.m. and 10:00 a.m. and between 3:00 p.m. and 7:00 p.m., Monday through Friday. 4. That the applicant shall obtain Coastal Commission approval of this application prior to exercising the rights of the amended use permit. 5. That 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. 6. 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. 7. That the applicant shall provide City stafL within thirty days isfrom the date of approval, the name of the individual(s) to -28- COMMSSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX contact if Mr. Dobbie is out -of -town. That person(s) shall be considered in charge for the applicant. 8. That the applicant shall undertake self - monitoring of noise so that the Alano Club is not detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood, and that the original Use Permit No. 3387 shall be reviewed by the Planning Commission in 90 days. ADDITIONAL BUSINESS: Addl 1 Business In response to questions posed by Commissioner Ridgeway regarding Variance No. 1195, property located at 221 Ruby . Avenue, Bob Burnham, City Attorney, stated that if a variance application is approved based on misrepresentation the City can V1195 221 Ruby act by revocation procedures or by going to Superior Court. He stated that it would be appropriate for the Planning Commission to consider Variance No. 1195 for revocation if what the contractor, Mr. Henning, states is true. Mr. Burnham commented that staff will be conducting as much of an investigation as possible. Motion * Motion was made and voted on to excuse Commissioner Glover Ayes * from the Planning Commission meeting of November 4, 1993. Absent MOTION CARRIED. ADJOURNMENT: 9:40 p.m. Adjourn s s s ANNE K GIFFORD, SECRETARY • CITY OF NEWPORT BEACH PLANNING COMMISSION -29-