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HomeMy WebLinkAbout11/05/1992t\t- \10 \ \10�7 \�- CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: wt .. t _ c nom MINUTES ' 1 \VYVILLVVI J, iJ /L. ROLL CALL INDEX resent * * * * * * All Commissioners were present. x : x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x x x William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary x x x . Minutes of November 5. 1992 Minutes ofz11 /5J lotion X11 Ayes Motion was made and voted on to approve the November 5, 1992, Planning Commission Minutes. MOTION CARRIED, x x x Public Comments: Public Comments Chairman Edwards congratulated Commissioner Debay on her recent election to the City Council. He also announced the birth of Commissioner DiSano's son. x x x Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, October 30, 1992, in front of City Hall. x x x 92 ON, 00 *W0 \� CITY OF NEWPORT BEACH MINUTES Now November.5, 19`ll ROLL CALL INDEX Request for Continuances: Request for Mr. Hewicker stated that the applicant, P.W.S. Inc., has requested contnnuan that Item No. 1, Resubdivision No. 985, property located at 2811- 2815 Newport Boulevard, be withdrawn from consideration. He suggested that Item No. 5, Use Permit No. 1791 (Amended), property located at 6700 West Coast Highway, be continued to the Planning Commission meeting of November 19, 1992, to allow the applicants time to submit additional information pertaining to the proposed restaurant facility. lotion * Motion was made and voted on to continue Item No. 5 to the cll Ayes November 19, 1992, Planning Commission meeting. MOTION CARRIED. a • a Resubdivision No. 985 (Public Hearing) stem No.l Request to resubdivide three existing lots into a single parcel of 8985 land for commercial use, on property located in the "Retail and Service Commercial' area of the Cannery Village /McFadden withdrawn Square Specific Plan. LOCATION: Lots 12, 13, and 14, Block 227, Section A, Newport Beach, located at 2811 - 2815 Newport Boulevard, on the Newport Boulevard commercial island, between 28th Street and 30th Street, in the Cannery Village/ McFadden Square Specific Plan area. ZONE: SP -6 APPLICANT: P.W.S. Inc., Monterey Park OWNER: Marina Partners, Newport Beach -2- COP43USSIONICRS m4\'5' \ \"&'k4z CITY OF NEWPORT BEACH MINUTES November 5, 1992 [LOLL CALL INDEX ENGINEER: KW. Lawler and Associates, Inc., Tustin James Hewicker, Planning Director, stated that the applicant has requested that the application be withdrawn from consideration and has also requested a partial refund of the application fees. In response to a question posed by Chairman Edwards, William Laycock Current Planning Manager, replied that the Planning Commission does not have to take action to approve the withdrawal or the refund of the partial refund of fees. Resubdivision No. 986 (Public Hearing) Item No. Request to resubdivide an existing lot into a single parcel of land R986 for a two family residential condominium development, on Approved . property located in the R -2 District. LOCATION: Lot 4, Block 533, Corona del Mar, located at 502 Fernleaf Avenue, on the southeasterly side of Fernleaf Avenue, between Second Avenue and Third Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Robert Vaughan, Corona del Mar OWNER: Same as applicant ENGINEER: Valley Consultants, Inc., Santa Ana The public bearing was opened in connection with this item, and Mr. Robert Vaughan, applicant, appeared before the Planning Commission. Mr. Vaughan 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. -3- •��������`° CITY OF NEWPORT BEACH MINUTES November J, IYYZ ROLL CALL INDEX lotion Motion was made and voted on to approve Resubdivision No. 986, ,ii Ayes subject to the findings and conditions in Exhibit "A". MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be recorded prior to occupancy. That the parcel map 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 Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18. 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 Sections 7 -9 -330 and 7- 9 -337 of the Orange County Subdivision Code and the 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 the construction project. -4- COMMSSIONERs ON, ke, WO rao \\V CITY OF NEWPORT BEACH MINUTES November J, voya ROLL CALL INDEX 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to the completion of the public improvements. 4. That each dwelling unit shall 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. 5. That the cracked and displaced sections of sidewalk be reconstructed along the Fernleaf Avenue frontage; and that . the deteriorated concrete around the water meter box in the alley be removed, the concrete sawcut to provide a clean edge and the concrete repoured to City standards. All work shall be completed under an encroachment permit issued by the Public Works Department. 6. That County Sanitation District fees be paid prior to issuance of any building permits. 7. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimised 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. 8. That all vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council. 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 -5- COMMISSIONERS t mZ 0 CITY OF NEWPORT BEACH MINUTES November J, 199E [LOLL CALL INDEX the City Engineer that such undergrounding is unreasonable or impractical. 10. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 11. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 12. 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. . Resubdivision No. 987 (Public Hearing) Item No. Request to resubdivide two existing lots into two parcels of land, 8987 for two unit residential condominium development on each parcel, on property located in the R -2 District. Approved LOCATION: Lots 5 and 7, Block 529, Corona del Mar, located at 503 and 505 Begonia Avenue, on the northwesterly side of Begonia Avenue, between Second Avenue and Third Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: William Bochringer, Newport Beach OWNER: Begonia Avenue Partners, Ltd., Newport Beach ENGINEER: Valley Consultants, Inc., Santa Ana The public hearing was opened in connection with this item, and . Mr. Robert Vaughn appeared before the Planning Commission on -6- CITY OF NEWPORT BEACH MINUTES November 3, 19NL ROLL CALL IlVDEX behalf of the applicant. Mr. Vaughn 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. lotion Motion was made and voted on to approve Resubdivision No. 987 ill Ayes subject to the findings and conditions in Exhibit "A". MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. . 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be recorded prior to occupancy. That the parcel map 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 Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18. 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 Sections 7 -9 -330 and 7- . 9 -337 of the Orange County Subdivision Code and the -7- COMMISSIONERS i 11 Mm\006 I \t CITY OF NEWPORT BEACH MINUTES Novemoer z), lyyc ROLL CALL INDEX Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project.. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to the completion of the public improvements. . 4. That each dwelling unit shall 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. 5. That the deteriorated curb and gutter be reconstructed along the Begonia Avenue frontage. All work shall be completed under an encroachment permit issued by the Public Works Department. 6. That County Sanitation District fees be paid prior to issuance of any building permits. 7. That 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. 8. That all vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City . Council. -8- ANN %°Q\�°9� CITY OF NEWPORT BEACH MINUTES + November J, IYYL . ROLL CALL IIVDEX 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 Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 11. That a park dedication fee for three dwelling units shall be paid in accordance with Chapter 1950 of the Municipal Code. 12. 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. a s Modification No. 4049 (Public Hearing) item No. Mod 4049 Request to permit the construction of a new foundation and a new roof for an existing single family dwelling that currently encroaches 3 inches and 1 foot 1 inch into the required 3 foot side yard Approved setbacks, and 1 foot 9 inches into the required 5 foot front yard setback. The applicant proposes to raise the existing building in order to construct the proposed foundation. Additions include the construction of a new carport, a bedroom and deck at the rear of the property. A portion of the addition (5 linear feet) will encroach 3 inches into the required 3 foot side yard setback. LOCATION: Lot 17, Block 25, Newport Beach, located at 126 26th Street, on the southeasterly side of 26th Street, between West Balboa Boulevard and West Ocean Front, in Central Newport. ZONE: R -1 i -9- 41 1� MXWOO \t\- CITY OF NEWPORT BEACH MINUTES 'Row ivovemoer .3, i "a ROLL CALL INDEX APPLICANT: Linda Tesler, Fullerton OWNER: Same as applicant James Hewicker, Planning Director, summarized the staff report wherein he reported that the Modifications Committee referred the subject application to the Planning Commission for determination. He said that the nonconforming 60 year old structure does not sit on a foundation, and it does not maintain the required 5 foot front yard setback or 3 foot side yard setbacks. He pointed out that the adjacent older buildings and the subject structure consist of substantial nonconformities, and the eaves on the buildings nearly touch the adjoining properties. The Uniform Building Code permits the subject building to be raised in place so as to pour a new foundation underneath, and then to set the building down on the new foundation where it currently rests. If the building would be moved so as to comply with the required front yard setback, the UBC would require that the building be brought up to the UBC requirements. Mr. Hewicker stated that the existing structure is allowed more yard encroachments than what would normally be allowed if the building would be demolished because the structure is nonconforming. The property owner intends to retain the building on the front portion of the property, and a two story addition would be constructed at the rear of the property. The Commission has the opportunity to decide if the older nonconforming buildings should be perpetuated, or if it is the desire of the City to continue on with the existing policies to upgrade the neighborhood. In response to a question posed by Commissioner Debay, Robin Flory, Assistant City Attorney, explained that there are no policies to seismic upgrade residential housing. The public hearing was opened in connection with this item, and Ms. Linda Tesler, applicant, appeared before the Planning Commission. Ms. Tesler stated that the older structures that exist on 26th Street compliment each other, and the subject building reflects some of the history of Newport Beach. (In response to a . question posed by Chairman Edwards, Ms. Tesler requested that -10- 0 CITY OF NEWPORT BEACH MINUTES November 5, 1992 ROLL CALL WDEX she reappear at the end of the agenda items so as to allow her additional time to review the findings and conditions in the suggested Exhibits. The Commission granted the request.) Ms. Tesler reappeared before the Commission, and in response to a question posed by Chairman Edwards, Ms. Tesler concurred with the findings and conditions in Exhibit "A ". She opposed Condition No. 2, Exhibit "B ", requesting that the portion of the structure which encroaches into the required front yard setback be removed so as to maintain a minimum setback of 5 feet, inasmuch as it would restrict the interior of the existing building. She opposed Exhibit "C" inasmuch as the conditions would not allow a new foundation or a new roof on the existing dwelling unit. In response to questions posed by Commissioner Debay, Ms. Tesler explained that she had concerns regarding the safety of the structure during an earthquake. Ms. Tesler stated that the house would not be used as rental property. In response to a question posed by Mr. Hewicker, Ms. Tesler explained that after a thorough inspection of the structure, it was determined that the dwelling is well - built. Mr. Hewicker stated that often when older buildings are reconstructed that dry-rot appears and it is necessary to rebuild the structure. The City wants to be assured that no major renovations would be made to the building that would cause a new building to be built within the nonconforming setbacks. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pomeroy and Mr. Hewicker discussed the fact that the nonconforming structure could not be rebuilt because it would not meet the Uniform Building Code requirements. notion * Motion was made and voted on to approve Modification No. 4049 ?yea * * * * * subject to the findings and conditions in Exhibit W. MOTION Joes * * CARRIED. -11- COMMISSIONERS 4114FMIMN4410\19, CITY OF NEWPORT BEACH MINUTES 'Row November 5, 1992 . ROLL CALL INDEX Findingso 1. That the approved construction will not be detrimental to the surrounding area or increase any detrimental effect of the existing use. 2. That the proposed raising and lowering of the existing structure will not further affect the flow of light and air to adjoining residential properties, inasmuch as the current nonconformities have existed for several years. 3. That the proposed addition is an extension of an existing structure which maintains a side yard setback of 2 feet 9 inches on the northeasterly side. 4. That the proposed addition will not affect the flow of light and air to adjoining residential properties, inasmuch as all but 5 linear feet will maintain the required 3 foot side yard setbacks. 5. That the proposed raising and lowering of the existing structure will not further affect views from adjoining residential properties, inasmuch as the current nonconformities have existed for several years, and four other residential properties on the same side of 26th Street maintain front yard setbacks of 3 feet 3 inches or less. 6. That the existing front and side yard setbacks are consistent with the setbacks maintained by structures on 14 properties along 26th Street. 7. That the existing and proposed front and side yard setback encroachments would not be detrimental to persons, property and improvements in the neighborhood, and that the applicant's request would consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. -12- COMMISSIONERS 41 ilk-, \N\,\00 \k- CITY OF NEWPORT BEACH MINUTES November 5, IM ROLL CALL INDEX Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the proposed development shall comply with the Uniform Building Code, unless otherwise approved by the Building Department. 3. That the second floor encroachment adjacent to the alley shall maintain a rear yard setback of at least 2 feet 6 inches, and shall have a minimum vertical clearance above the ground of 8 feet. Use Permit No. 1791 (Amended) (Public Hearing) Item No.5 Request to amend a previously approved use permit that permitted UP1791A the conversion of an existing automobile service station into a restaurant facility with on -sale beer and wine, and included a 1 /19a to 11/19/92 1 waiver of a portion of the required off -street parking on property located in the "Commercial" area of the Newport Shores Specific Plan area. The proposed amendment involves a request to enclose an existing outdoor eating area which is currently part of the restaurant's approved "net public area ". LOCATION: Parcel 1 of Parcel Map 100-4 (Resubdivision No. 520) located at 6700 West Coast Highway, on the northerly side of West Coast Highway, between Orange Street and Colton Street, in Newport Shores. ZONE: SP -4 APPLICANTS: Charles B. and Edward J. Baur, Newport Beach -13- N000 \t\ CITY OF NEWPORT BEACH MINUTES All Ayes (Amended) to the November 19, 1992, Planning Commission meeting. MOTION CARRIED. Use Permit No 3283 (Amended) (Public Hearing) Item No. Request to amend a previously approved use permit which UP3283A . permitted the establishment of a self - defense demonstration studio Approved in conjunction with a retail sales facility specializing in the sale of self - defense training equipment. The proposed amendment involves a request to allow an expansion of the use into an adjoining commercial space. The expanded area will be used for additional self - defense classes involving between 12 and 20 pupils. LOCATION: Parcel 1 of Parcel Map 71 -18 (Resubdivision No. 478), located at 1000 West Coast Highway, on the northerly side of West Coast Highway, across from the easterly end of the Balboa Bay Club. ZONE: C-1-1-1 APPLICANTS: Chris Colvin and Blaine Carter, Newport Beach OWNER: Deeb Investments, Inc., Toluca Lake The public hearing was opened in connection with this item, and Mr. Chris Colvin, applicant and architect, appeared before the -14- ivovemoer :), iyya . ROLL CALL I INDEX OWNERS: Same as applicants James Hewicker, Planning Director, suggested that the subject item be continued to the meeting of November 19, 1992, so as to allow the applicants time to submit additional information pertaining to the restaurant facility. lotion * * M Motion was made and voted on to continue Use Permit No. 1791 W CITY OF NEWPORT BEACH MINUTES 'Row November 5, 1992 ROLL CALL INDEX Planning Commission, and he 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. ation * Motion was made and voted on to approve Use Permit No. 3283 11 Ayes (Amended) subject to the findings and conditions in Exhibit "A ". . MOT10N CARRIED. Findings: 1. The expansion of the existing self - defense studio is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That there is adequate on -site parking to accommodate the proposed expansion of the self - defense studio. 4. That the approval of Use Permit No. 3283 (Amended) will not under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all previous applicable conditions of approval for Use Permit No. 3283 shall be fulfilled. -15- Me ` '•• 4 MINUTES CITY OF NEWPORT BEACH rvovemner :), ivya . ROLL CALL INDEX 3. That the self - defense demonstration classes shall be limited to 20 students and 1 instructor in the new studio area, and 1 student with 1 instructor in the original studio. 4. That a minimum of 12 off - street parking spaces shall be required in conjunction with the expanded use. 5. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 6. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3464 (Public Hearin) stem No. Request to permit the establishment of a take -out restaurant with UP3464 on -sale beer and wine and a combination of incidental indoor and outdoor seating, on property located in the C -O -H District. The Approved proposal also includes a request to waive a portion of the required off - street parking spaces. LOCATION: Lot 5, Tract No. 4824, located at 1112 Irvine Avenue, on the southeasterly side of Irvine Avenue, between Westcliff Drive and Mariners Drive, in the Westcliff Shopping Center. ZONE: C-O -H APPLICANT: California Restaurant Enterprises Inc., Costa Mesa -16- CITY OF NEWPORT BEACH MINUTES November:), IYY2 . ROLL CALL INDEX OWNER: The Irvine Company, Newport Beach James Hewicker, Planning Director, addressed the architecture of the Pasta Bravo Restaurant which is located adjacent to the subject take -out restaurant facility wherein he pointed out its departure of the architecture from the design of the Westcliff Shopping Center. Commissioner Merrill addressed the request for outdoor seating wherein he suggested that there should be an orderly use of the outdoor tables by property management. Commissioner Glover addressed the numerous restaurants located in the Westcliff Shopping Center, and she expressed her approval of the outdoor dining if it would encourage a more neighborly atmosphere. In response to a question posed by Chairman Edwards regarding parking, Don Webb, City Engineer, replied that the shopping center has adequate parking. Mr. Webb addressed his concerns that the outdoor dining facilities are not allowing enough room for pedestrian circulation. William Laycock, Current Planning Manager, explained that more than enough parking spaces are available in the outer regions of the parking lot. Mr. Laycock referred to the concerns regarding pedestrian circulation wherein he explained that staff recommended a distance of 10 feet between the wall of the Pasta Bravo take -out restaurant and the planter area; however, the Commission approved the applicant's request to provide a distance of 8 feet instead of 10 feet. The subject outdoor seating area has been drawn to be consistent with the approval of the Pasta Bravo take -out restaurant. Mr. Laycock and Mr. Webb discussed the distance of 5 feet between the planter area and the curb. Commissioner Merrill suggested that adequate pedestrian circulation be provided for handicapped persons, and that the shopping center employees park in the outer regions of the parking lot so as to provide convenient parking spaces for the customers. -17- Nom 0 r CITY OF NEWPORT BEACH MINUTES + Novemner �, lYYL ROLL CALL INDEX Commissioner Glover expressed her support of parking spaces that are easily accessible to the shopping center for the customers. She stated that when The Irvine Company cut down the trees in the planter areas that it denuded the shopping center, and in reference to the enhancement of pedestrian circulation she suggested that the planters could be moved in the outdoor dining area so as to provide for easy pedestrian access. Following a discussion between the Commission and staff, Mr. Webb described an acceptable distance between the curb and the outdoor seating area so as to provide a clearance area for a pedestrian walkway. Commissioner Gifford, Chairman Edwards, and Mr. Webb considered the feasibility of installing curb stops, and the disadvantage that would exist if the automobiles would be backed up an additional 2 -1/2 feet in the aisle. . Commissioner Merrill expressed his concerns regarding waiving of parking, and the egress and ingress of the parking lot. The public hearing was opened in connection with this item, and Mr. Randy Schumacher, 427 East 17th Street, Costa Mesa, appeared before the Planning Commission on behalf of the applicant. Mr. Schumacher addressed the various plans that were reviewed by the staff prior to the subject public hearing regarding the pedestrian circulation and the outdoor seating area. He said that the original plan that was presented to staff was to put the outdoor seating between the planters so that the existing pedestrian traffic would not be interrupted. The staff suggested that one row of tables be moved next to the building. He indicated that a plan could be worked out that would address the Commission's concerns regarding the pedestrian traffic. In response to a question posed by Mr. Laycock, Mr. Schumacher replied that beer and wine would not be sold outdoors. He stated that 80 percent of the restaurant's business is take -out and on that basis one of the concerns was the parking availability. The applicants concluded that there is an abundance of parking spaces in the shopping center a majority of the time. The peak hours of . the business is between 11:30 a.m. and 1:00 p.m., and throughout -18 CITY OF NEWPORT BEACH MINUTES f4ovemoer 3, IYYL . ROLL CALL INDEX the evening hours. Mr. Schumacher pointed out that the available I arking spaces at the rear of the shopping center would be convenient to the take -out restaurant. Mr. Schumacher indicated that they spoke to The Irvine Company regarding 10 minute limited parking on the front row facing the part of the shopping center where the restaurant would be located. He related that the trend of the shopping centers is to create outdoor seating and a neighborhood atmosphere. The proposed outdoor seating would be available to the public and would not be exclusive to the proposed facility. In response to a question posed by Chairman Edwards, Mr. Schumacher concurred with the findings and conditions in Exhibit "X. In response to questions posed by Commissioner Merrill, Mr. Schumacher replied that the applicant has established 8 other take -out restaurants that seat from 22 to 40 customers, and all of the establishments have outside dining areas. Commissioner Merrill determined that the take -out restaurants that are located . in the Westcliff Shopping Center have created a mini -food park, and he suggested that The Irvine Company consider distributing the tables on the sidewalk and they should be responsible to maintain the outdoor seating areas. Mr. Hewicker addressed the location of the tables and chairs and the impact of the pedestrian way, and he suggested a provision that the outdoor tables and chairs would not be installed until The Irvine Company comes to the Planning Commission with a plan for outdoor seating and pedestrian circulation in the shopping center. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner DiSano addressed the take -out restaurants that are located adjacent to the proposed establishment, and he suggested that a provision be added stating that the Commission would call up the use permits of the adjacent take -out restaurants if The . Irvine Company does not come to the Commission with a plan of -19- CITY OF NEWPORT BEACH MINUTES November.), 19YL ROLL CALL INDEX establishing a food court pedestrian circulation plan. Ms. Flory suggested that a letter be written to The Irvine Company expressing the Commission's concerns regarding the take -out restaurants and the outdoor seating, and to request that The Irvine Company come back to the Commission with a plan. Chairman Edwards addressed the foregoing concerns and he expressed his support of a letter to The Irvine Company. lotion Motion was made to approve Use Permit No. 3464 subject to the findings and conditions in Exhibit "A ". Commissioner Glover stated that the shopping center has been sterile since the trees have been cut down; however, the neighborhood is enjoying the outdoor seating and it makes it a more neighborly shopping center. Commissioner Glover suggested that as much landscaping be maintained as possible. She further stated that the applicant should not be penalized because of the Commission's concerns regarding the pedestrian circulation in the shopping center. Commissioner Merrill addressed his concerns regarding the outdoor seating arrangement and the pedestrian circulation. In response to a question posed by Commissioner Glover and Chairman Edwards, Mr. Schumacher reappeared before the Planning Commission and he clarified the aforementioned original plan indicating the tables and chairs between the planters so the seating would not interfere with the pedestrian traffic. He said that the plan would allow 10 feet between the front of the restaurant and the planters or 12 feet of access, and the public would be walking in front of the building. Mr. Schumacher stated that the tables could be moved 5 feet back from the curb. Commissioner Glover stated that the tables should be back 5 feet and stay within the context of the planters. Commissioner Glover lmended amended the motion to modify the conditions in Exhibit "A" so as notion to address the revised plan. Mr. Hewicker clarified the foregoing plan wherein he stated that the tables and chairs would be a minimum of 10 feet away from the building and a minimum of 5 feet away from the face of the . curb. -20- ct 0\001 \t CITY OF NEWPORT BEACH u I7RJ -1 November.-), 1991 . ROLL CALL INDEX Commissioner DiSano stated that he supported the motion. He suggested that a letter be written to The Irvine Company with respect to the Commission's concern regarding the outdoor dining areas. Mr. Hewicker suggested that the Planning Department write the letter to invite The Irvine Company to meet with . the Building Department and the Public Works Department regarding the issue. In response to a question posed by Commissioner Glover, Commissioner Pomeroy responded that now is the time to address the Commission's concerns in a letter to The Irvine Company and not later. Commissioner Gifford supported the motion. She stated that the applicant has shown good operating characteristics with their other restaurants and they have shown a willingness to be flexible and they intend to do everything to maximize the desirability of using their business. The letter should put The Irvine Company on . notice that the issue must be addressed in future applications. Motion was voted on to approve Use Permit No. 3464 subject to the findings and conditions in Exhibit "A", including amended Condition No. 16 stating that the outdoor tables and chairs be located a minimum 10 feet from the building and a minimum 5 feet from the face of the curb; that no more than six tables and 24 chairs shall be installed between the planter areas, and that said All Apes outdoor seating be available to the public, and not be exclusive to the proposed facility. MOTION CARRIED. FINDINGS: 1. The proposed take -out restaurant is consistent with the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed take -out restaurant use can be adequately served by existing on -site parking. -21- copmdISSIONERS ��t CITY OF NEWPORT BEACH MINUTES November 5, 1992 . 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 waiver of development standards as they pertain to parking lot illumination, walls, landscaping, and a portion of the required parking (30 spaces) will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 6. That the approval of Use Permit No. 3464 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plans, except as noted in the following conditions. 2. That all signs shall conform to the provisions of the Sign Code. 3. That the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking (30 spaces) shall be waived. 4. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. -22- COMMSSIONERS V\\O& CITY OF NEWPORT BEACH MINUTES November 5, 1YW . ROLL CALL MEX 5. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 6. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 7. That dancing or live entertainment shall not be permitted in conjunction with the restaurant facility unless an amendment to this use permit is approved by the Planning Commission. 8. That no outdoor sound system shall be utilized on -site, and that arty recorded music shall be confined to the interior of the building. 9. That all restaurant employees shall be required to park on- site at all times during the time which the restaurant is operating. 10. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. 11. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties. 12. That 6 parking spaces shall be provided on -site to serve the proposed facility. 13. 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. -23- ilk CITY OF NEWPORT BEACH MINUTES NOW November -5, 199L . ROLL CALL INDEX 14. That the service of beer and wine shall be incidental to the serving of meals. 15. That the hours of operation shall be limited between the hours of 11:00 am. and 10:00 p.m. daily, unless an amended use permit is approved . by the Planning Commission. 16. That the outdoor tables and chairs shall be a minimum 10 feet from the building and a minimum 5 feet from the face of the curb. That no more than six tables and 24 chairs shall be installed between the planter areas in front of the restaurant facility, and that said outdoor seating area shall be available to the public and not exclusive to the proposed facility. 17. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 18. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Motion * Motion was made and voted on to direct staff to write a letter to 111 Ayes The Irvine Company to advise them of the concerns that have been perceived by the Planning Commission and the staff in the Westcliff Shopping Center with respect to the meandering walkway inasmuch as the public has to move from one location to another as they pass in front of the buildings because of the location of the tables. The planters also create some hindrance to the pedestrian circulation, and discussion ensued with respect to removing the . planters which would give additional space to the pedestrians. The -24- COWdISSIONBRS • CITY OF NEWPORT BEACH MINUTES November.*), 19YL ROLL CALL INDEX letter would suggest that The Irvine Company come in to meet with the Planning Department and the Public Works Department so as to establish a plan in the common area of the shopping center that would allow for the eating establishments to have their outdoor dining areas and to also preserve pedestrian circulation and landscaping. The Commission discussed the suggested contents of the letter. MOTION CARRIED. aaa ADJOURNMENT: 9:00 P.M. Adjourn a s s HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -25-