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Home My WebLink About11/04/1993COADUSSIONERS CITY OF NEWPORT BEACH O c REGULAR PLANNING COMMISSION MEETING ion PLACE: City Council Chambers MINUTES • 9�0 ��PO DATE: 7:30 4, 1993 eber ROLL CALL INDEX Present Commissioner Glover was excused. Absent sss EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney K K # William R. Laycock, Current Planning Manager Rich Edmonston, City Traffic Engineer Dee Edwards, Secretary K r K 0 Minutes of October 21. 1993 minutes of 10/21 Motion * Motion was made and voted on to approve the October 21,1993, Ayes Abstain * Planning Commission Minutes. MOTION CARRIED. Absent Public Comments: Public Comments No one appeared before the Planning. Commission to speak on non- agenda items. K r r Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, October 29, 1993, in front of City Hall. r : f /93 COMMISSIONERS �l� milo CITY OF NEWPORT BEACH MINUTES 'Raw November 4, 1993 POLL CALL 00EX A. Traffic StudNo. 89 (Public Hearing) Item No.: Request to approve a Traffic Study so as to allow the construction ms89 of a 9,000 square foot automobile rental facility including administrative offices, automobile maintenance facilities, fuel UP3512 facilities and a surface automobile storage area; and the Approved acceptance of an environmental document. AND B Use Permit No 3512 (Public Hearing) Request to permit the establishment of an automobile rental and storage facility on property located in the M -i -A District. The proposed facility will include administrative offices, automobile maintenance, car washing and detailing, and refueling operations. The proposal also includes a modification to the Zonmg Code so as to allow the installation of a 6 foot higb monument sign and a security gate, both of which encroach into the required 15 foot front yard setback. LOCATION: Lots 7, 8, 9 and 10, Tract No. 3201, located at 4361 -4443 Birch Street, on the northwesterly side of Birch Street, between MacArthur Boulevard and Dove Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: Robert H. Lee and Associates, Petaluma OWNER: Alamo Rent A Car, Fort Lauderdale, Florida William R. Laycock, Current Planning Manager, reported that the required Lot Line Adjustment was approved by the Modifications Committee on November 2, 1993, in accordance with Condition • No. 27, Exhibit "A". In reference to the staff report regarding the -2- COMMISSIONERS 0o At CITY OF NEWPORT BEACH MINUTES November 4 1993 ROLL CALL INDEX parking spaces required for the storage, servicing and car wash portions of the operation, Mr. L.aycock reported that the staff report should be corrected to state 19 parking spaces instead of 3 parking spaces; therefore, the total parking requirement would be 31 parking spaces as opposed to 15 parking spaces. An automobile leasing facility does not have a specific parking requirement, and inasmuch as a maximum of 15 employees would be on the site at any one time, 16 additional parking spaces would be provided for customers, which is adequate to serve the facility. The public hearing was opened in connection with this item, and Mr. Gary Semling appeared before the Planning Commission on behalf of the applicant. He requested the following changes to the original application. In reference to Condition No. 13, Exhibit "A', he stated that a modification to the Zoning Code would not be required. The request for a monument sign and a security gate to encroach into the required 15 foot front yard setback has been eliminated from the proposed plans inasmuch as no customers would he coming to the facility, and no shuttle bus would be coming to the establishment. He stated that a sign would be located on the fascia of the building indicating Alamo Rent -A -Car. The floor plan has also been changed to provide only a conference room and an office in the administrative area, and no counter area would be provided. Mr. Semling requested that the setback of the proposed masonry wall along a portion of Birch Street be moved to within 17 feet of the front property line and built to a height of 5 feet 4 inches. He stated that a 5 foot 4 inch high masonry wall would be constructed along the northerly side property line, from the 15 foot front yard setback for a length of 100 feet, which corresponds to the front of the proposed building, located 115 feet from the front property line. The existing trees will be removed when the masonry wall is constructed. Mr. Smelling also stated that the widened driveway approach would remain, and that a masonry wall would be constructed along the southerly side property line, similar in height and depth to the other masonry wall. In reference to the canopy in the pump island that is 18 feet high with a 4 foot wide fascia, he requested that the canopy be . lowered to 16 feet high with a 4 foot wide fascia. He requested -3- c �r �lol �dtD's �a CITY OF NEWPORT BEACH MINUTES November 4 1993 ROLL CALL INDEX that the canopy be extended to allow for an added dispenser so as to eliminate the automobile back -log that could occur. In response to a question posed by James Hewicker, Planning Director, Mr. Semling described the location of the additional island and the vacuum unit that would be shifted away from the property to the south, and he anticipated that the vacuum would be approximately 70 feet away from the southerly side property line. Mr. Semling requested that the 4 foot high wall adjacent to the employee parking be constructed as a chain link fence with slats as opposed to masonry. The employee parking area would be landscaped with 29 trees and shrubs. In response to a question posed by Chairman Merrill, Mr. Semling replied that the fence would be visible from the street. . In response to a question posed by Mr. Hewicker, Mr. Semling explained that the applicant has indicated that the proposed chain link fence would not be as visible as a wall and the fence would not be adjacent to the street. The fence would also match the chain link fence and slats that are located at the rear of the property. Mr. Semling requested that Condition No. 12, in Exhibit "A', that the on -site parking, vehicular circulation, pedestrian circulation systems and a detailed operation design plan for the shuttle bus customer drop -off and pick -up be subject to further review by the City Traffic Engineer, be deleted inasmuch as there will no longer be a shuttle service or customer drop -off to the site. Rich Edmonton, City Traffic Engineer, concurred with the request to delete Condition No. 12. He explained that when the request was originally reviewed, it was staffs opinion that a shuttle bus would be provided for customers. In reference to Condition No. 13, Mr. Semling requested that the reference to the monument sign be deleted. i -4- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 4, 1993 ROLL CALL INDEX In response to questions posed by Mr. Hewicker, Mr. Semling replied that customers were originally going to come to the subject site. Mr. Hewicker suggested that a condition be added indicating that no customers would be coming to the site. In reference to a question posed by Chairman Merrill, Mr. Edmonton replied that the Traffic Study has been reviewed by staff and it is acceptable. In response to questions posed by Commissioner Ridgeway, Mr. Sending explained that the County has provided them with ample parking spaces at John Wayne Airport, and the customers would return the automobiles to the Airport. In response to a question posed by Commissioner Gifford regarding Condition No. 10, Exhibit "A", Mr. Semling explained that the applicant does not propose a security gate and, therefore, there would no longer be a request to encroach into the required . 15 foot front yard setback on Birch Street. He further replied that the three foot high brick wall on a portion of the subject site is near the 15 foot setback. Mr. Mark Knutson, 61 Majorca, Laguna Niguel, appeared before the Planning Commission on behalf of Alamo Rent -A -Car. He discussed the aforementioned changes in the use of the facility. In response to a question posed by Chairman Merrill, Mr. Knutson explained that the automobiles are currently being serviced at 3510 Irvine Avenue. In response to comments by Chairman Merrill regarding revenue from the sales tax, Robin Flory, Assistant City Attorney, stated that sales tax would be an irrelevant consideration for the approval of the use permit. In response to a question posed by Chairman Merrill regarding the chain link fence, Mr. Knutson replied that he would not object to a block wall in the employee parking area. Commissioner DiSano commented that inasmuch as the applicant • stated that customers would not be coming to the site, that if the -5- COMMISSIONERS r00 �Clpf ��d1L�s • CITY OF NEWPORT BEACH MINUTES November 4, 1993 ROLL CALL INDEX use would be changed in the future it would be necessary for the applicant to apply for an amendment to the subject use permit. Mr. Knutson stated that inasmuch as the airport allocates parking spaces based on market share, and Alamo Rent -A -Car parking spaces were doubled in 1993 and will be doubled again in 1994, there would no longer be a need for customers to come to the subject site. In response to a question posed by Mr. Hewicker, Mr. Knutson explained that the customers that come to the Irvine Avenue facility are directed to rent the automobiles at the airport. In response to questions posed by Commissioner Ridgeway, Mr. Knutson explained the procedure that is followed with respect to moving the automobiles between the facility and the airport. Mr. . Knutson replied that the turnover of automobiles per day is approximately 250 to 280 trips. Mr. John Arlotti, 19000 MacArthur Boulevard, Irvine, representing the Seventh Day Adventist Church, appeared before the Planning Commission. He supported the proposed project; however, he expressed concerns that the use and the site plan would adversely affect the value of their property and the comfort of their tenants directly south of the subject building. He addressed the extension of the block wall, and he stated that the proposed landscaping that would be installed adjacent to the property would not soften the proposed chain link fence. He expressed concerns regarding the noise level and the aesthetics of the service station and vacuum area that is the closest to the office building that he represents. He suggested that the block wall be extended the length of the property of the common property line between the two properties, and to have landscaping on both sides of the wall to soften the appearance. Mr. Arlotti requested an on -going relationship with Alamo Rent -A-Car in the event there would be future concerns. In response to questions posed by Commissioner Pomeroy, Mr. Arlotti moved to the exhibit area, and he described the areas that • -6- COMMISSIONERS �9��so CITY OF NEWPORT BEACH MINUTES 14W I I I I I I November 4 1993 ROLL CALL INDEX he considered would adversely affect the adjoining building's first and second floor tenants. In response to a question posed by Commissioner Ridgeway, Mr. Arlotti supported the proposed 5 foot 4 inch high wall. Discussion ensued regarding the proposed landscaping. Mr. Semling reappeared before the Planning Commission. He explained that the landscaping includes trees that would ultimately be 30 feet high, and the trees would screen the subject property. In response to questions posed by Chairman Merrill, Mr. Semling opined that the extensions of the proposed masonry walls 100 feet along each side of the property, to the rear of the 15 foot front yard setback, would address Mr. Arlotti's concerns. Mr. Hewicker . queried if a 5 foot 4 inch high block wall would stop the vacuum equipment noise wherein he commented that the only mitigation would be distance from the property line. Discussion ensued regarding the impact of vacuum equipment noise, and the extension of the proposed walls. 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 Ridgeway regarding the proposed metal building, Mr. Hewicker referred to Condition No. 22, Exhibit "A", and he suggested that the front of the building be constructed of a split -face block to correspond with the treatment that is being used on the masonry wall across the front of the property. Motion Motion was made and voted on to approve Traffic Study No. 89 and Use Permit No. 3512 and related Environmental Document subject to the findings and conditions in Exhibit "A", delete Condition No. 12, and add Condition No. 30 stating that an additional 100 feet of masonry wall to the rear of the wash rack be required along the southerly side property line before converting . to chain link fence. Commissioner Pomeroy addressed the -7- COMMISSIONERS q'P- CITY OF NEWPORT BEACH 4U0 1W I I I I I I November 4, 1993 ROLL CALL INDEX aforementioned concerns regarding a chain link fence with slats adjacent to the office building. Modify Condition No. 13 to reflect the deletion of the monument sign. Add Condition No. 31 stating that customer drop -off or pick -up would not be allowed on the site. Commissioner Ridgeway suggested that Condition No. 32 be added to address the retention of the wall for the employee area. Commissioner Pomeroy concurred that a 4 foot high masonry wall would replace the chain link fence. Finding No. 6, regarding the Ayes * proposed modification to the Zoning Code, was also deleted, Absent inasmuch as the revised plans no longer have encroachments in the required 15 foot front yard setback. MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT• Accept the environmental document, making the following findings and requiring the following the mitigation measures: Fin in 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the • California Code of Regulations (CCR) has been rebutted. -8- COMMISSIONERS - 'f'09�s O CITY OF NEWPORT BEACH MINUTES November 4, 1993 ROLL CALL INDEX Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 7535(c) of Title 14, CCR. MITIGATION MEASURES: 1. Prior to the issuance of any building permit, the applicant shall demonstrate to the Planning Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, this requirement has been met. 2. Prior to the issuance of a certificate of use and occupancy, the applicant must demonstrate to the City's Building Department and Fire Department that the project is in compliance with the County of Orange Health Department and the City's Fire Department Regulations. B. TRAFFIC STUDY: Approve the Traffic Study, making the findings listed below: FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major,' 'primary- modified,' or 'primary' street. • -9- COMMISSIONERS §m CITY OF NEWPORT BEACH MINUTES IRW I 1 I I I I I November 4 1993 ROLL CALL INDEX 3. That the Traffic Study indicates that the project- generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour peak period on four of the seven study intersections and that the ICU analysis for the intersections of MacArthur Boulevard /Birch Street, MacArthur Boulevard /Campus Drive and MacArthur Boulevard /Jamboree Road, indicates that the ICU values for the A.M. and P.M. peaks will not be altered by the addition of the project. USE PERMIT NO. 3512 FINDINGS: 1. That the proposed application is support service in nature and an intensification of use of the existing structure within the limits specified by Chapter 20.07 of the Newport Beach Municipal Code, and as such, is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That adequate parking will exist on -site for the proposed development. 3. That the establishment of the subject business will not have any significant environmental impact. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. Deleted. • -10- .o° ��locf��d�drs fo'�os0 • CITY OF NEWPORT BEACH MINUTES November 4, 1993 ROLL CALL INDEX 7. That the approval of Use Permit No. 3512 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. CONDM N 1. That the proposed development shall be in substantial conformance with the approved, revised plot plan, floor plan and elevations, except as noted below. 2. That all parking spaces shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 3. 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. 4. That all mechanical equipment, trash areas and vehicle storage areas shall he screened from Birch Street and adjoining properties. The proposed screening adjacent to the Birch Street frontage shall be a minimum of 5 feet 4 inches high. 5. That all automobile repairs shall be conducted within the building and no outdoor display of vehicles for sale shall be permitted. 6. That grease interceptors shall be provided in. all drains within the building where petroleum residues may enter the sewer system, unless otherwise permitted by the Building Department. -11- CITY OF NEWPORT BEACH , ff \ 3► ROLL CALL INDEX encroachment permit issued by the Public Works Department. 17. 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. 18. 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. . 19. That the car wash area shall be protected so as to prevent drainage from the parking lot from entering the sewer system. The drain shall be connected to the sewer system and have a grease trap. The design and installation of the above facilities shall be approved by the Utilities Department. 20. That the outdoor storage of tires and other auto related parts or merchandise shall be prohibited on -site. 21. That the entire site shall be maintained in a clean and orderly manner. 22. That the front of the building facing Birch Street shall be constructed of masonry veneer or similar material as indicated on the approved elevation. 23. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect or architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction . schedule. (Prior to the occupancy of the structure, the -13- COMMISSIONERS L MINUTES CITY OF NEWPORT BEACH qqqww I I I I i I I November 4 1993 ROLL CALL INDEX 7. That no outdoor sound system shall be utilized on -site. 8. That all employees shall park on -site at all times. 9. That all signs shall be installed in accordance with the requirements of Newport Beach Sign Code. 10. That any future entry security gate shall be located to provide a minimum distance of twenty (20) feet from the front property line, and shall be subject to further review of the City Traffic Engineer. 11. That all improvements be constructed as required by Ordinance and the Public Works Department. 12: Deleted. 13. Slopes, landscape, walls and other obstruction shall be designed in such a manner as to provide sight distance in conformance with the City's Sight Distance Standard 110-L. Landscaping within the sight line shall not exceed twenty- four inches in height. 14. That the intersection of Birch Street and the private drives be designed to provide sight distance for a speed of 40 miles per hour. Slopes, 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. 15. That the centerline of the customer drive entrance shall be aligned with the centerline of the drive entrance of the Sheraton Hotel located directly across Birch Street, unless otherwise approved by the City Traffic Engineer. 16. That the unused drive aprons be removed and replaced with curb, gutter and sidewalk along the Birch Street . frontage. All work shall be completed under an -12- COMNIISSIOWERS • ROLL CALL 0 CITY OF NEWPORT BEACH MINUTES INDEX licensed landscape architect or architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). The landscape plan shall be subject to there review Public Of the Work Beaches and and he Planning Department, Works Department, Landscaping shall be regularly maintained free of weeds and debris. All vegetation condition- hall be regularly trimmed and kept in a healthy That the approval of this application shall permit complete engine rebuilding (including electrical and transmission repair), as well as tune-ups, lubrication, smog testing and brake service and installation. No painting, body work or other operations of a similar nature shall be permitted on- site unless an amendment to this use permit is approved by the Planning Commission 'That a Lot Line Adjustment shall be approved and the issuance of recorded to create one building site prior to building permits. That the Planning Comnussi may add or modify on conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that he opeor °detrimental to subject he health, use Permit causes mlmY+ eneral welfare of the safety, peace, morals, comfort, or g community. This use permit shall expire unless exercised w Section months from the date of approval as sp Code 20.80.090A of he Newport Beach Municipal shall be construed That a 5 foot 4 inch high masonry wall along the northerly side property line for at least l00 feet COMMISSIONERS I W-POW-1 � W001 I *W\\111+0 CITY OF NEWPORT BEACH MINUTES November 4, tyyi ROLL CALL INDEX to the rear of the required 15 foot front yard setback before converting to chain link fence. A similar masonry wall shall be constructed along the southerly side property line, provided that the masonry wall be emended an additional 100 feet before converting to chain link fence. 31. That no customer service, shuttle bus service, customer drop off or pick up of automobiles shall be allowed on the premises unless an amendment to the use permit is approved by the Planning Commission. 32. That a 4 foot high masonry wall shall replace the chain link fence in the employee parking area. Use Permit No 1640 (Amended) (Public Hearing) Item No. Request to amend a previously approved use permit that permitted UP1640A the establishment of a restaurant with outdoor dining, the service of alcoholic beverages, and live entertainment inside the facility, Approved on property located in the RSC -H District. The proposed amendment includes a request to relocate the previously approved outdoor dining area to the northerly side of the restaurant, adjacent to the rear parking area of the Eastbluff Shopping Center. LOCATION: Parcel 1, Lot Line Adjustment No. 93 -2, located at 2531 Eastbluff Drive, at the northwesterly comer of Eastbluff Drive and Vista del Sol, in the Eastbluff Shopping Center. ZONE: RSC -H APPLICANT: Puccini Ristorante, Newport Beach . OWNER: The Irvine Company, Newport Beach -15- CITY OF NEWPORT BEACH MINUTES November 4 1993 ROLL CALL MEX The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King & Associates, appeared before the Planning Commission on behalf of the applicant. He stated that the applicant concurs with the findings and conditions in Exhibit "A" as proposed by staff. He referred to suggested Condition No. 12 in the staff report stating That a 6 foot high solid fence or wall (wood, masonry, glass or other similar material) shall be constructed jacent to the outdoor patio area to mitigate noise associated with aid outdoor area from the adjoining residential uses. Mr. King indicated that the condition would not be necessary inasmuch as the applicant has agreed to close the restaurant at 10:00 p.m. so as to conform with the uses in the surrounding area. He stated that based on the numerous nighttime activities in the area that the subject use would not have an adverse impact on the residents. Mr. Bernard Pegg, 2633 Bamboo Street, appeared before the Planning Commission. Mr. Pegg referred to Condition No. 3, Exhibit "A ", concerning the 10:00 p.m. closing, and he suggested that the condition be amended to state that there would be no activity in the outdoor dining area after 10:00 p.m. He referred to Condition No. 5, Exhibit "A", and he requested that the proposed 4 tables and 16 seats be restricted for outdoor dining only and that the patio not be used as a waiting area for the restaurant. Mr. Pegg stated that based on the noise transmitted from the surrounding area that a sound barrier could be as beneficial for the restaurant patrons as the residents. Discussion ensued between Commissioner DiSano, Commissioner Edwards, Commissioner Pomeroy, Mr. King and staff regarding the interpretation of aforementioned Condition No. 3 that states .outdoor dining-be limited between 10.30 a.m. and 10:00 p.m. daily. The outdoor dining area shall remain closed to any use at all times. Robin Flory, Assistant City Attorney, stated that for enforcement purposes that any other use at all other times means that after 10:00 p.m. if patrons are still eating in the outdoor area, it would be a violation to the use permit. -16- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES N ROLL CALL INDEX Mr. King stated that he made several attempts to contact the North Bluff Park Community Association; however, the Association never returned his telephone calls. There being no others desiring to appear and be heard, the public hearing was closed at this time. lotion Motion was made to approve Use Permit No. 1640 (Amended) kyes * * * * * * subject to the findings and conditions in Exhibit "A ". absent Commissioner DiSano supported the motion as stated. Motion was voted on, MOTION CARRIED. Findings: 1. That the outdoor dining use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. That the approved live entertainment will be confined to the interior of the restaurant. 3. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 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 the waiver of the restaurant development standards as they relate to traffic circulation, walls, parking lot illumination and landscaping will be of no further detriment to adjacent properties inasmuch as the proposed restaurant is located in an existing developed site. • -17- COMMISSIONERS • CITY OF NEWPORT BEACH MINUTES November 4 1993 ROLL CALL INDEX 6. The approval of Use Permit No. 1640 (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 restaurant 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. 1640 and Use Permit No. 1640 (Amended) shall remain in effect. 3. That the hours of operation of the outdoor dining area shall be limited between 10:30 a.m. and 10:00 p.m., daily. The outdoor dining area shall remain closed to any use at all other tunes. 4. That a minimum of one parking space for each 50 square feet of "net public area" (29 spaces) shall be provided for the restaurant operation (based on a maximum of 200 square feet devoted to actual outdoor dining and a maximum of 1,250 sq.ft. devoted to interior dining). 5. That the "net public area" of the restaurant shall not exceed 1,450 square feet (a maximum of 200 square feet shall be devoted to outdoor dining and a maximum of 1,250 sq.ft. shall be devoted to interior dining). The outdoor dining area shall be limited to a maximum of 4 tables and 16 seats. 6. That the development standards pertaining to traffic circulation, walls, parking lot illumination and landscaping . are hereby waived. -18- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 4 1993 ROLL CALL INDEX 7. That the live entertainment shall be limited to the interior of the restaurant facility and shall not be performed in the outdoor dining area at any time. 8. That service of alcoholic beverages in the outdoor dining area shall be licensed by the State Alcoholic Beverage Control. 9. That no outdoor sound system, loudspeakers or paging system shall be permitted in conjunction with the outdoor dining area or the restaurant facility. 10. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general, welfare of the community. 11. 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. • -19- r p 'o CITY OF NEWPORT BEACH MINUTES November 4. 1 ROLL CALL INDEX Use Permit No. 3076 (Amended) (Public Hearing) Item No.3 Request to amend a previously approved use permit which UP3076 permitted the establishment of the Newport Landing Restaurant with on -sale alcoholic beverages, live entertainment and off -site Approved parking on property located in the RSC -R District. The proposed amendment includes: a request to establish a new off -street parking requirement for the restaurant based on additional off -site parking spaces being provided by the owners of the Edgewater Place development; the removal of the previously approved handicapped parking spaces from the Newport Landing Restaurant site; and the approval of an amended off -site parking agreement consistent with the revised parking figures. LOCATION: Parcel 1 of Parcel Map 196 -38 (Resubdivision No. 765), located at 503 Edgewater Place, on the southeasterly corner of Edgewater Place and Adams Street, in Central Balboa. ZONE: RSC -R APPLICANT: Landing Associates, Irvine OWNER: Same as applicant AND Use Permit No. 3122 (Amended) Item No.4 Request to amend a previously approved use permit which UP3122A permitted the construction of , the Edgewater Place complex including a full service restaurant and bar on the second and third Approved floors with on -sale alcoholic beverages and live entertainment; a take -out restaurant, and a variety of retail uses on the ground floor; and the Edgewater Place parking structure.. The proposed amendment includes: a re- configuring of the number and location of parking spaces within the parking structure; and the reduction -20- \1N CITY OF NEWPORT BEACH MINUTES November 4 1 3 ROLL CALL INDEX of the off - street parking requirement for the existing full service restaurant. The proposal also includes a modification to the Zoning Code so as to allow the installation of additional signing related to the operation of the parking structure. LOCATION: Lots 1 -3, 7 -12, an unnumbered lot, all in Block 3 of the Balboa Bayside Tract; and Lots 22 and 23, Block A of the Bayside Tract, located at 309 Palm Street, on the northerly side of East Bay Avenue, between Palm Street and Adams Street, in Central Balboa. ZONE: RSC -R APPLICANT: BA Properties, Los Angeles OWNER: Same as applicant Chairman Merrill and James Hewicker, Planning Director, agreed that the foregoing Items No. 3 and No. 4 could be addressed concurrently. William Laycock, Current Planning Manager, suggested that Condition No. 6, Use Permit No. 3076 (Amended) regarding the off -site parking agreement, be amended to state ..Said parking agreement may allow for the exclusive use of such parking spaces provided that the applicant or his successor's interest notify the Planning Department of the City of Newport Beach sixty days prior to exercising their exclusive use of such parking. Mr. Laycock addressed Condition No. 12, Use Permit No. 3122 (Amended) stating That should the owner of the Newport Landing Restaurant exercise his right to 75 exclusive parking spaces within the Edgewater Place Parking Structure, this use permit shall be subject to review by the Planning Commission, for the purpose of determining the adequacy of available off - street parking...., and he explained that if Landing Associates should have exclusive use of 75 parking spaces they would have to inform the Planning Department. -21- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Novemner 4 iyyj ROLL CALL INDEX In response to a question posed by Commissioner Gifford, Mr. Laycock replied that the aforementioned amended condition addresses either restaurant or the commercial fishing use. Mr. Hewicker stated that he did not know if it would be necessary for the owner of the Newport Landing Restaurant use permit or his successor to notify the City sixty days prior to the time that they would exercise their option for the 75 parking spaces considering the issue is 3 parking spaces. Once the option has been exercised, then staff can review the parking situation with respect to Edgewater Place. The public hearing was opened in connection with this item, and Mr. Doug Salisbury, appeared before the Planning Commission as applicant for Landing Associates, the owner of the Newport Landing Restaurant. He commended BA Mortgage, the owner of Edgewater Place for their efforts during the past 18 months, and their consultants. Mr. Salisbury stated that the changes in design, equipment, and operational characteristics of the parking structure are the best possible solutions to enhance and maximize the use of the parking structure. The benefits that are proposed are adequate handicapped self - parking spaces, over -size vehicle accommodations, a greater mix of full size and compact parking stalls, adequate employee parking, and a reasonable parking validation rate for Newport Landing customers. The existing handicap parking area in the alley behind the restaurant will be converted to a loading zone. Mr. Salisbury stated that the parking structure that was opened five years ago has never been fully occupied because the structure has been physically impossible to fill based on the way that it was built. The average occupancy of the parking structure has an approximate 40 to 50 percent occupancy. In response to questions posed by Chairman Merrill and Commissioner Ridgeway, Mr. Salisbury replied that the parking structure has had a detrimental affect on the restaurants. The proposed project would enhance some of the vacancies that currently exist in the adjacent area. • -22- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 4, 1993 ROLL CALL INDEX Mr. Conrad Anderson, appeared before the Planning Commission on behalf of BA Properties, the applicant for Item No. 4, Use Permit No. 3122 (Amended). Mr. Anderson explained that Bank of America has owned the property located at 309 Palm Street for approximately five years. He addressed the problems regarding the parking structure and the solution to those concerns. In response to a question posed by Commissioner Ridgeway regarding Edgewater Place, Mr. Anderson replied that the applicant has a desire to maintain the property as a restaurant use. In response to a question posed by Commissioner Edwards, Mr. Anderson concurred with the findings and conditions in Exhibit 'W', Use Permit No. 3122 (Amended). In response to a question posed by Commissioner Edwards, Mr. Salisbury concurred with the findings and conditions in Exhibit "X, Use Permit No. 3076 (Amended). In response to a question posed by Mr. Salisbury regarding a clarification of recommended amendment to Condition No. 6, Use Permit No. 3076 (Amended) Commissioner Ridgeway explained that the amendment impacts Edgewater Place inasmuch as it notifies the City staff and the staff may make a request to substitute the three parking spaces that would be deficient. If Landing Associates exercises their exclusive right to 75 parking spaces then Edgewater Place would be deficient 3 parking spaces. Commissioner Gifford and Commissioner Ridgeway discussed the foregoing comment and the owners that would be affected by the obligation. In response to a question posed by Mr. Anderson, Commissioner Ridgeway explained that to accommodate the deficient three parking spaces, it would be necessary to reduce the square footage. Mr. Hewicker addressed the foregoing amended Condition No. 6 and he explained it as follows: That in the event that Mr. Salisbury exercises his right to the full 75 parking spaces that the • staff would be notified of the situation so the staff could go to -23- COMMISSIONERS o t R'i'o 0 CITY OF NEWPORT BEACH MINUTES November 4 1993 ROLL CALL INDEX Edgewater Place and address the problem. Condition No. 12, Use Permit No. 3122 (Amended) addresses the 75 parking spaces within the Edgewater Place Parking Structure. Mr. Hewicker stated that the off -site parking agreement refers to 30 days of exercising the right to the 75 parking spaces. Discussion ensued between Mr. Salisbury and Mr. Hewicker regarding the notification of 60 days vs. 30 days. Mr. Salisbury stated that if Landing Associates would exercise the option it would appear that the impact would be on Edgewater Place and therefore, the obligation for notice should come from Edgewater Place as opposed to Landing Associates. He said that be would not object to notifying staff 30 days prior to exercising the option, and he suggested that the amendment be applied to both use permits. In response to a question posed by Chairman Merrill, Mr. Salisbury concurred with amended Condition No. 6, Use Permit No. 3076 (Amended) based on a 30 day notification. 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 No. 3076 Ayes * * * (Amended) subject to the findings and conditions in Exhibit "A", Absent * and to amend Condition No. 6 as proposed by Mr. Laycock and Mr. Hewicker. MOTION CARRIED. FINDINGS: 1. That the proposed application is consistent with the Land Use Element of the General Plan, the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parking is being provided in conjunction with the subject project. 3. That the proposed revisions to the subject project will not have any significant environmental impact. -24 COMMISSIONERS • CITY OF NEWPORT BEACH MINUTES. Novemocr a iyys ROLL CALL INDEX 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 the approval of Use Permit No. 3076 (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 project shall be in substantial . conformance with the approved site plan and floor plans, except as noted below. 2. That no intercom or loud speaker system shall be permitted in conjunction with the subject project and related uses. 3. That a valet parking plan setting forth the methods and procedures for valet operations in the parking structure shall be submitted to and approved by the City Traffic Engineer. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 5. That two handicapped parking spaces shall be designated within the ground floor of the parking structure 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. • -25- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES November 4 1993 ROLL CALL INDEX 6. That an amended off -site parking agreement shall be approved by the City Council guaranteeing that a minimum of 75 parking spaces shall be provided on Lots 7, 8, 9, 10, 11, and 12, Block 3 of the Bayside Tract and Lots 22 and 23, Block A of the Bayside Tract for the duration of the restaurant use and the commercial fishing facility bayward of the site. That said parking agreement may allow for the exclusive use of said parking spaces, provided that the applicant, or his successors in interest, notify the Planning . Department of the City of Newport Beach 30 days prior to exercising their exclusive use of said parking. 7. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. • 8. That all previous applicable conditions of approval for Use Permit No. 3076, as approved on June 7, 1984, May 9, 1985, and March 9, 1989 shall be fulfilled. 9. 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. Motion Motion was made to approve Use Permit No. 3122 (Amended) subject to the findings and conditions in Exhibit "A", and to amend Condition No. 12 as recommended. In response to a question posed by Mr. Hewicker, Commissioner Ridgeway confirmed that Landing Associates and Edgewater Place would each notify staff 30 days prior to exercising the option. Commissioner Edwards stated that Edgewater Place, unless they receive notice from Landing Associates, would not be able to give the proper notice to staff and it would not be a burden to Landing • Associates. He requested that the second notice be removed. -26- CORnUSSIONERs CITY OF NEWPORT BEACH MINUTES November 4 . 1993 ROLL CALL INDEX Commissioner DiSano concurred with the foregoing statement. * Substitute motion was made to approve Use Permit No. 3122 Motion Motion (Amended) subject to the findings and conditions in Exhibit "A ". Commissioner Ridgeway stated that the amendment to Condition No. 6 should have been deleted from Use Permit No. 3076 (Amended) [Landing Associates], and Use Permit No. 3122 (Amended) [Edgewater Place] should be the owner to notify staff. Ayes * * * Substitute motion was voted on approve Use Permit No. 3122. Absent * (Amended) subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: . 1. That the proposed application is consistent with the Land Use Element of the General Plan, the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parking is being provided in conjunction with the proposed revisions to the project. 3. That the proposed revisions to the parking structure and related uses will not have any significant environmental impact. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. That the approval of Use Permit No. 3122 (Amended) will not, under the circumstances of this case, be detrimental to • the health, safety, peace, morals, comfort and general -27- MINUTES CITY OF NEWPORT BEACH November 4 1993 ROLL CALL INDEX welfare of persons residing and worldng in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed project shall be in substantial conformance with the approved site plan, floor plans and elevations, except as noted below. 2. That the "net public area" of the Edgewater Place restaurant space shall not exceed 5,520 square feet; and that prior to the issuance of building permits for tenant improvements to the restaurant or the reopening of the • restaurant, which ever occurs first, the applicant shall provide to the Planning Department a floor plan of the restaurant which shall verify the applicant's compliance with this condition. 3. That a minimum of 228 parking spaces shall be maintained in the parking structure including 2 handicapped parking spaces. In addition, two handicapped parking spaces shall continue to be provided on the northerly side of the parking structure, as shown on the revised parking plans (230 total parking spaces). The four handicapped parking spaces 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. 4. That no loud speaker system shall be permitted in conjunction with the subject project and related uses. However, a walkie- talkie intercom system may be permitted. 5. That a valet parking plan setting forth the methods and . procedures for valet operations shall be submitted and -28- COMMISSIONERS o CITY OF NEWPORT BEACH MINUTES November 4 199 ROLL CALL HsMEX approved by the City Traffic Engineer. 6. That all improvements be constructed as required by Ordinance and the Public Works Department. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 8. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. 9. That the applicant shall obtain Coastal Commission approval of this application prior to the reopening of the full service restaurant. 10. That a minimum of one parking space for each 50 sq. ft. of "net public area" in the full service restaurant shall be provided (111 spaces). 11. That the applicant shall assume the requirement to provide 15 parking spaces within the parking structure to the operators of the Fun Zone Marina. 12. That should the owner of the Newport Landing Restaurant exercise his right to 75 exclusive parking spaces within the Edgewater Place Parking Structure, this use permit shall be subject to review by the Planning Commission, for the purpose of determining the adequacy of available off - street parking. Should the Planning Commission determine that adequate parking is not being provided to the Edgewater Place Development, the Planning Commission may require that certain changes to the project be implemented so as to reduce the parking demand of the project. 14. 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. -29- COMMISSIONERS 0NQ 0 RRI,\ � • MINUTES CITY OF NEWPORT BEACH November 4 1 ROLL CALL INDEX sss Discussion Item: Discussio: " Item" " Amendment No. 78 A788 Request to amend portions of Districting Maps No. 34 and 35 to reclassify property bounded by Campus Drive, MacArthur set for Boulevard, Birch Street and Bristol. Street North from the of M -1- hearing A District to the RSC District, so as to create consistency between the Districting Maps and the General Plan Land Use Element [GPA 92 -3 (A)]. INITIATED BY: The City of Newport Beach tion * Motion was made and voted on to set Amendment No. 788 for S * * * * public hearing at the Planning Commission meeting of December ent * 9, 1993. MOTION CARRIED. s i # ADDITIONAL BUSMESS: Add'1 In response to continents by Commissioner Pomeroy, Robin Flory, Business Assistant City Attorney, informed the Commission that the City Attorney's Office is investigating the possibility of rehearing Variance No. 1195 that was recently approved on property located v1195 t 221 Ruby Avenue. Ms. Flory stated that the City Attorney's Dffice would report their findings back to the Planning ommission. s : : ommissioner Pomeroy requested information that was included 3uck cull the Newport Coast Plan regarding a public trail in Buck Gully. . ommissioner Edwards suggested that the Commission consider -30- I COMNIISSIONERS • CITY OF NEWPORT BEACH MINUTES November 4 1993 ROLL CALL INDEX establishing a Consent Calendar section on Planning Commission Consent Calendar alendar ADJOURNMENT: 9:10 p.m. Adjourn t • s ANNE K GIFFORD, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -31-