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HomeMy WebLinkAbout12/09/1993COMMISSIONERS CITY OF NEWPORT BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: nPrrmhar 9 199'A [LOLL CALL INDEX ?resent * * * Commissioner Glover was excused. (Commissioner Edwards Absent arrived at 7:35 p.m.) EX- OFFICIO OFFICER PRESENT: Robin Flory, Assistant City Attorney s x ► William R. Laycock, Current Planning Manager John Douglas, Principal Planner Don Webb, City Engineer Dee Edwards, Secretary s x x Minutes of November 18, 1993 Minutes of 11/18 Kotion * Motion was made and voted on to approve the November .18, Byes * * * * * 1993, Planning Commission Minutes. MOTION CARRIED. Absent .:s Public Comments, Comments No one appeared before the Planning Commission to speak on non - agenda items. x s s Posting of the A eg nda: Posting of the William Laycock, Current Planning Manager, stated that the Agenda Planning Commission Agenda was posted on Friday, December 3, 1993, in front of City Hall. MINUTES CITY OF NEWPORT BEACH December 9, 1991 ROLL CALL INDEX Request for Continuance: Request for Mr. Laycock requested that Amendment No. 788, to amend Continue portions of Districting Maps No. 34 and 35 to reclassify property bounded by Campus Drive, MacArthur Boulevard, Birch Street, and Bristol Street North from the M -1 -A District to the RSC District, be removed from calendar to allow staff additional time for analysis. Resubdivision No. 1003 (Public Hearing) Item No.. Request to resubdivide seven parcels of land into four parcels, for 81003 restaurant, commercial marina and private marina purposes on Approved property located in the RMC -H District and unzoned submerged ' areas of Newport Bay. L)OCATION: Lots 2, 3 and A of Tract No. 5361; Parcel 4 of Parcel Map No. 93 -111 ( Resubdivision No. 995); a portion of Block 54, Irvine's Subdivision; and Sections 26 and 27, Township 6 South, Range 10 West, San Bernardino Meridian, located at 201 -299 East Coast Highway, on the southerly side of East Coast Highway between the Bay Bridge and Bayside Drive, adjacent to Linda Isle. ONE: RMC -H PLICANT: Williamson & Schmid, Tustin WNER: The Irvine Company, Newport Beach NGINE'ER: Same as applicant e public hearing was opened in connection with this item, and r. Mike Padian, Director of Development for The Irvine -2- COMMISSIONERS Cl cl��d CITY OF NEWPORT BEACH MINUTES December 9, 1993 ROLL CALL INDEX Company, appeared before the Planning Commission. 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. lotion Motion was made and voted on to approve Resubdivision No. Lye * * * * * * 1003 subject to the findings and conditions in Exhibit "A ". Lbsent * MOTION CARRIED. FINDINGS: 1. That the design of the subdivision and the proposed 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. 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. 4. That the proposed subdivision is for conveyance purposes only. 5. That the project complies with the public access requirements of the Subdivision Map Act. ONDITIONS• 1. That a parcel map be recorded. 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 -3- • CITY OF NEWPORT BEACH ufTiiNOW December 9 1993 ROLL CALL INDEX Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to the recordation of the parcel map, the surveyor /engineer preparing the map shall de 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 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 construction project. ' 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That the on -site parking and vehicular and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 5. That all vehicular access rights to East Coast Highway be released and relinquished to the City of Newport Beach except at the existing driveway entrance. 6. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 7. That the following easements be shown on the final parcel map, as shown on the tentative parcel map: i �_ COMMISSIONERS II MINUTES CITY OF NEWPORT BEACH December 9, 1993 ROLL CALL INDEX a. An easement for navigational access purposes over area "A" of Parcel No. 4. b. Easements for private pier purposes over areas "B" through "O" of Parcel No. 4. C. Easements for reciprocal ingress, egress and parldng between Parcels No. 1, 2 and 3. d. An easement for common ingress /egress for the benefit of Lots 1, Tract No. 5361, and Lots A and B of Parcel Map No. 16/10. 8. That the unused sewer pump station easement dedicated with 0.11- 867/440 be abandoned if it is no longer needed by the City. 9. That an easement for navigational access over Parcel No. ' 1, for the benefit of Parcel No. 3, be dedicated on the parcel map. This easement is needed to provide access to the main channel for the boats located adjacent to Charley Brown's Restaurant. 10. That, where building structures encroach closer than allowed by the Uniform Building Code or cross over existing or proposed lot lines, the lot lines he adjusted and shown on the final parcel map to conform to the requirements of the Uniform Building Code. Compliance with this condition will require that a portion of Lot 1, Tract No. 5361 be included in the final parcel map. 11. That underground fire tines shall not be permitted to cross property lines unless appropriate easements are established for each existing or proposed fire line. 12. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 3. 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. -5- ° c�cl��oO��4s CITY OF NEWPORT BEACH MINUTES December Y, 199.5 ROLL CALL INDEX Y Y Y A. General Plan Amendment No. 93--3(B) (Public Hearing) item xo.2 Request to amend the Land Use Element of the General Plan so 9 as to redesignate the subject property from a mixture of 1 [Res 342 s 1342 "Administrative, Professional and Financial Commercial" and Ts91 "Retail and Service Commercial" uses to "General Industry" use; and the acceptance of an environmental document. A790 [Res :1343 INITIATED BY: The City of Newport Beach AND Approved B. Traffic Study No. 91 (Public Hearing) ' Request to approve a Traffic Study so as to allow an increase in the development entitlement for the subject property from 20,000 square feet to 110,600 square feet to be used for a mini- storage facility. AND C. Amendment No. 790 (Public Hearing) Request to amend the North Ford /San Diego Creek Planned Community Development Regulations so as to reclassify the subject property from Light Indus trial -Off ice - Commercial /Industrial to General Industrial and to increase the allowable development from 20,000 square feet to 110,600 square feet. LOCATION: Lot 6, Tract No. 6680, located at 1177 Camelback Street, on the northwesterly corner of Camelback Street and Bison Avenue, in the North Ford /San Diego Creek Planned Community. -6- COMMISSIONERS • CITY OF NEWPORT BEACH MINUTES pecember Y 19YS ROLL CALL INDEX ZONE: P -C APPLICANT: The Dahn Corporation, Irvine OWNER: Belcourt Medical Partners, Laguna Hills The public hearing was opened in connection with this item, and Mr. Rush Hill, architect, appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A ". Commissioner Ridgeway and Chairman Merrill expressed concerns regarding the proposed elevation and site plan of the proposed project. Mr. Hill briefly described the project's proposed site plan. He indicated that the applicants met with the Fire and Traffic ' Departments to address the Departments' concerns regarding the project, and the Departments have given the project a preliminary sign -off on the layout of the project as it relates to fire safety and traffic. He stated that a manager's unit would be provided on the site, and the site would be controlled by a security code access gate. The hours of operation would be from 7:00 am. to 7:00 p.m. daily. He discussed the density of the proposed landscaping on Bison Avenue and Camelback Street, and that the second floor of the project would be the only portion that would be visible from the streets. The proposed raised letter sign would reflect off of the building, and a monument sign would be installed at the entrance to the property. No lights are proposed for the exterior of the building but an automobile would activate the lights within the roject from a sensor from the driveway. In response to a question posed by Commissioner Gifford regarding the roofing material, Mr. Hill explained that the colored ea- gravel roof would blend with the clay tile that would be used throughout the project. Mr. Hill and Chairman Merrill discussed the proposed use of the mini-storage facility. -7- COMMISSIONERS • "rp CITY OF NEWPORT BEACH MINUTES mcember Y 19Y3 ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Ridgeway with respect to requiring a site plan review, John Douglas, Principal Planner, explained that the Planned Community regulations for the North Ford Planned Community do not require approval of a Site Plan Review for other permitted uses in the area. 4otion Motion was made to approve General Plan Amendment No. 93- 3(13) [Resolution No. 1342], Amendment No. 790 [Resolution No. 1343], and Traffic Study No. 91 subject to the findings and conditions in Exhibit "A". ; ubstitute Commissioner Edwards made a substitute motion to approve motion * General Plan Amendment No. 93 -3(B), Amendment No. 790, and Traffic Study No. 91 subject to the findings and conditions in hdrawn Exhibit "A ", but added that there is nothing to prevent the applicants from developing a project under the guise of general industrial unless the applicants present a site plan wherein he suggested that the applicant be required to submit a site plan of the proposed development to the Planning Commission for review ?,mended * at a later date. Commissioner Ridgeway amended the original 4otion motion to add Condition No. 7 stating that the Planned Community text shall be revised to provide that the mini- storage facility and related dwelling unit shall be permitted in Area 2A, subject to the approval of a Site Plan Review. The substitute motion was withdrawn ayes Motion was voted on, MOTION CARRIED. absent 1b -8- COMMISSIONERS Clocr�oild�L�'s • L MINUTES CITY OF NEWPORT BEACH December 9, ROLL CALL INDEX A, ENVIRONMENTAL DOCUMENT Findings: 1. That an Initial Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. 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 reflects the independent judgement of the Planning Commission and was reviewed and considered prior to approval of the project. 3. 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. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. 10 -9- COMMISSIONERS �A° clocr�'od��,s CITY OF NEWPORT BEACH MINUTES llecembei Y 199.1 ROLL CALL INDEX 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 minimise 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. B. GENERAL PLAN AMENDMENT 93 -3(B) Adopt Resolution No. 1342, recommending approval of General Plan Amendment 93 -3(B) to the City Council. C. AMENDMENT NO. 790. Adopt Resolution No. 1343, recommending to the City Council approval of Amendment No. 790, an amendment to the North Ford Planned Community District Regulations to rezone Commercial /Professional Office Site "2a" to General Industry land use limited to establishment of a mini- storage facility with the following conditions. CONDITIONS: 1. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each building 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. . 4. That County Sanitation District fees be paid prior to -1.0- COMMISSIONERS db CITY OF NEWPORT BEACH MINUTES December 9 1993 ROLL CALL INDEX issuance of any building permits. 5. 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. There shall be no construction storage or unloading of materials within the Camelback Street and Bison Avenue right -of -way. 6. That the landscape plans be subject to the review and approval of the Parks, Beaches and Recreation Department and the Public Works and Planning Departments with sight distance provided in accordance with City Standard No. 110-L. 7. That the North Ford /San Diego Creek Planned Community text shall be revised to provide that the mini- storage facility and related dwelling unit shall be permitted in Area 2A, subject to the approval of a Site Plan Review. E. TRAFFIC STUDY NO. 91 FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of Newport Beach Municipal Code and City Council Policy S -1. 2. That the traffic projected one year after project completion, during any a.m. or p.m. 2.5 hour peak traffic period on each leg of each critical intersection, will be increased less than 1% by traffic generated from the project during arty a.m. or p.m. 2.5 hour period. i -11- c���o�tt���oy i 'PO�o CITY OF NEWPORT BEACH MINUTES December 9, 1993 ROLL CALL INDEX CONDITIONS: 1. That prior to issuance of a building permit the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. The pedestrian circulation system shall include walkways that connect the internal system to the sidewalk along the public streets. 2. That all vehicular access rights to Bison Avenue be released and relinquished to the City of Newport Beach. 3. Prior to the issuance of any building permit, the applicant or his successor shall comply with the provisions of the Traffic Phasing Ordinance (NBMC Chapter 15.40) and Traffic Study No. 91. Use Permit No. 3514 (Public Hearing) Item No.. Request to permit the establishment of a take -out restaurant with UP3514 incidental seating within an exksting market and delicatessen, on Approved property located in Area 3 of the North Ford Planned Community. The proposal also includes a request to waive a portion of the required off- street parking for the proposed facility. LOCATION: Lot 6, Tract No. 2309, located at 1280 Bison Avenue, on the northerly side of Bison Avenue, between Camelback Street and MacArthur Boulevard, in the North Ford Planned Community. ZONE: P -C PPLICANT: A & F Stores Corp., Newport Beach ID -12- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES December 9, 1993 ROLL CALL INDEX OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Mr. Ram McDevitt, applicant, appeared before the Planning Commission. Mr. McDevitt 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 Use Permit No. 3514 Ayes * * subject to the findings and conditions in Exhibit "A". MOTION Absent CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on -site to accommodate the proposed facility. 4. That the waiver of the development standards as they pertain to walls, landscaping, parking lot illumination, and the additional required parking spaces will not be detrimental to adjoining properties. 5. That the approval of Use Permit No. 3514 will not, under the circumstances of this case, he 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 to the general welfare of the City. • -13- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES _ I I I I December 9 1993 ROLL CALL INDEX CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That the development standards pertaining to walls, landscaping, parking lot illumination, and that a portion of the required parking spaces (20 spaces) shall be waived. 3. That tables and a maximum of 19 seats shall be permitted in the take -out restaurant. Any additional seating shall require an amendment to this use permit. Restroom facilities for use by customers shall be provided as required by the Building Department and the Uniform Building Code. . 4. That the hours of operation shall be limited between the hours of 6:00 a.m. and 11:00 p.m. daily, and that any increase in hours shall be subject to the approval of an amendment to Use Permit No. 3514. 5. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 6. That grease interceptors shall be installed on all fixtures in the take -out restaurant where grease may be introduced into the drainage systems in accordance with the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 7. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 8. That all signs shall conform to the provisions of the North Ford /San Diego Creek Planned Community Development. • -14- COMMISSIONERS �y .0 It p PO iO O CITY OF NEWPORT BEACH MINUTES December 9, 1993 ROLL CALL INDEX 9. That no on -sale service of alcoholic beverages shall be permitted on the premises unless the Planning Commission approves an amendment to this use permit. 10. That the sidewalk in front of the subject facility shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed, or washed in such a manner that any debris or wastewater does not enter the storm drain system or the Bay. 11. That the outdoor seating shall remain for use by the general public and shall not be used exclusively by the restaurant facility unless an amendment to this use permit is approved by the Planning Commission. 12. That all mechanical equipment and trash areas shall be screened from MacArthur Boulevard and adjoining properties. 13. 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. 14. That the employees shall park their vehicles on -site at all times. 15. 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 amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. • -15- COMMISSIONERS A CITY OF NEWPORT BEACH MINUTES December , 1993 ROLL CALL INDEX a : Use Permit No. 3515 (Public Hearinel Item No. Request to establish a combination restaurant and wbolesale UP3515 bakery with on -sale beer and wine, on property located in the Approved "Retail and Service Commercial" area of the Cannery Village /McFadden Square Specific Plan. The proposal also includes: a request to waive a portion of the required off - street parking spaces; and a modification to the Zoning Code to allow one of the newly created parking spaces to encroach 10 feet into the required 10 foot rear yard setback adjacent to an alley. LOCATION: Parcel 1 of Parcel Map 95 -2 (Resubdivision No. 528), located at 508 29th Street, on the southeasterly side of 29th Street, between Villa Way and Lafayette Avenue, in Cannery Village. ZONE: SP -6 APPLICANTS: Liza Beattie and Tim Goodell, Newport Beach OWNERS: Keith and Lydia Goodell, Newport Beach The public hearing was opened in connection with this item, and Mr. Tim Goodell, applicant, appeared before the Planning Commission. Mr. Goodell concurred with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner DiSano, Mr. Goodell explained that approximately 70 percent of the business would be wholesale bakery and approximately 30 percent restaurant business. The wholesale bakery would be a delivery service, and no retail bakery service would be involved. Mr. Goodell further replied that the restaurant would not generate traffic, it would not be a destination restaurant, the majority of the • -16- COMMISSIONERS ��9�o�rt ��o9'pos-v�o • MINUTES CITY OF NEWPORT BEACH December 9 1993 ROLL CALL MEX restaurant's business would be during the evening hours after 4 :00 p.m., and there would be ample parking spaces available. Mr. Goodell described his past experiences in the restaurant business. Commissioner DiSano referred to Condition No. 20, Exhibit "A ", stating that the Planning Commission may add or modify conditions of approval to the use permit if there is a determination that the operation is detrimental to the community. Commissioner Ridgeway addressed the letter from Van Loon Enterprises, Inc. dated November 30, 1993, expressing their opposition to the application. He indicated that based on the applicant's restaurant experience the restaurant could be much greater than anticipated. In response to questions posed by Commissioner Ridgeway, Mr. Goodell explained that the restaurant's business would not be too large on the basis that it ' would seat only 24 patrons, and he expected the majority of the business to come from the wholesale bakery. In response to a question posed by Chairman Merrill, Mr. Goodell explained that the menu would consist of a set menu with daily specials. 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 Use Permit No. 3515 ,yes * * - * k subject to the findings and conditions in Exhibit "A". MOTION .bsent * CARRIED. FINDINGS 1. That the proposed development is consistent with the Land Use Elements of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. • -17- COMMISSIONERS L MINUTES CITY OF NEWPORT BEACH December 9 199 ROLL CALL INDEX 2. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 3. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 4. That the project will not have any significant environmental impact. 5. That the waiver of development standards as they pertain to parking lot illumination, walls, landscaping, and a portion of the required parking (5 spaces) will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 6. That the approval of a modification to the Zoning Code, so as to allow Parking Space No. 6 to encroach 5 feet into the required 10 foot rear yard setback adjacent to the alley will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood, inasmuch as the 5 foot rear yard setback will not impede vehicles travelling in the alley. 7. That the approval of Use Permit No. 3515, 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 to the general welfare of the City. ONDM NS• 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations, except as noted below. -18- COMMISSIONERS tD CITY OF NEWPORT BEACH ufoiiULUM December 9 1993 ROLL CALL INDEX 2. 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. 3. 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. 4. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 5. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. 6. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties. 7. That all improvements be constructed as required by Ordinance and the Public Works Department. 8. That 6 parking spaces (one parking space for each 250 square feet of gross floor area) shall be provided on -site to serve the proposed facility. All parking, and specifically Parking Space No. 6, shall be designed to maintain a minimum 5 foot rear yard setback adjacent to the alley. Parking Space No. 5 shall be designated as employee parking only, to facilitate access to the trash enclosure, if it is located adjacent to the trash enclosure. 9. 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 • -19- Fr L COMMISSIONERS o � Ql0 y A"t o CITY OF NEWPORT BEACH MINUTES December 9 1993 ROLL CALL INDEX handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 10. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 11. That the "net public area" of the restaurant shall not exceed 360 square feet of "net public area" and shall be clearly delineated by the construction of physical barriers constructed to the satisfaction of the Planning Department. The outdoor area shall not be utilized for dining or seating. 12. That the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking (5 spaces) shall be waived. 13. That the restaurant facility shall be open only between the hours of 6:00 am. and 11:00 p.m. daily, and any increase in the hours shall be subject to approval of an amendment to this use permit. 14. That Coastal Commission approval shall be obtained prior to the implementation of the proposed restaurant or bakery facilities. 15. That no dancing or live entertainment shall be permitted in the restaurant or bakery unless an amendment to this use permit is first approved by the Planning Commission. 16. That all employees shall park their automobiles on -site. 17. That the noise from the proposed restaurant and bakery shall be confined to the interior of the structure; and further that all windows and doors within the restaurant /bakery facility shall remain closed after 8:00, p.m. in the evening, except when entering and leaving by the main entrance of the restaurant. -20- • MINUTES CITY OF NEWPORT BEACH December 9 1993 ROLL CALL INDEX 18. That no outdoor sound system, loudspeakers or paging system shall be permitted in conjunction with the restaurant facility. 19. That the on -sale alcoholic beverages shall be incidental to the food service in conjunction with the subject restaurant. 20. 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, cause injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 21. 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. Amendment No. 788 blic Hearin item No. Request to amend portions of Districting Maps No. 34 and 35 to A788 reclassify property bounded by Campus Drive, MacArthur Boulevard, Birch Street and Bristol Street North from the M -1 -A Removed District to the RSC District, so as to create consistency between from Calendar the Districting Maps and the General Plan land Use Element. INITIATED BY: The City of Newport Beach William Laycock, Current Planning Manager, requested that this item be removed from calendar to allow staff additional time for analysis. : s x • -21- COAMISSIONERS MINUTES CITY OF NEWPORT BEACH ion 94 uecemoer y iyy3 ROLL CALL WDEX DISCUSSION ITEMS: Discuss Items Street Name Change No. 1 Request to consider a street name change from "Alvarado Street" Street to "Viva Avenue" on the Balboa Peninsula. Name Change LOCATION: Alvarado Street, located between Montero Avenue and Alvarado Place, on the Balboa set for ph 1/6/ Peninsula. APPLICANTS: Alvarado Place Property Owners, Newport Beach Commissioner Edwards, Chairman Merrill, and Mr. Laycock discussed the costs involved to change the street name. . In response to a question posed by Commissioner Gifford, Mr. Laycock explained that the proposed street name "Viva Avenue" was requested by the property owner located at 307 Alvarado Street which is the only lot that has its only access off of the street in question. Action * Motion was made and voted on to set the public hearing for the kyes * * * * * * proposed Street Name Change from Alvarado Street to Viva kbsent * Avenue to the Planning Commission meeting of January 6, 1994. MOTION CARRIED. Amendment No. 791 No. 2 Request to consider initiating an amendment of a portion of A791 Districting Map No. 3 so as to establish a 10 foot front yard set for setback on the lots located on the southeasterly side of 47th Street ph 1/6/ between River Avenue and Neptune Avenue in West Newport where the Municipal Code currently requires a 20 foot front yard . setback. -22- ion 94 COMMISSIONERS L MINUTES CITY OF NEWPORT BEACH i4 December 9. 1993 ROLL CALL INDEX APPLICANTS: 47th Street Property Owners, Newport Beach otion Motion was made and voted on to set Amendment No. 791 for yes * * * * * public hearing at the January 6, 1994, Planning Commission bsent * meeting. MOTION CARRIED. i i R Amendment No. 789 No. 3 Request to consider an amendment to Title 20 of the Newport A7e9 Beach Municipal Code, so as to revise various Sections of the Set for Zoning Code which limit the allowable gross floor area in the ph 1 /6 /S Residential Districts, including those within Specific Plan Areas. The proposed amendment involves changing the calculation of gross floor areas to include those portions of residential buildings or related structures which span more than one floor and which are located over uninhabitable areas. INITIATED BY: The City of Newport Beach lotion Motion was made and voted on to set Amendment No. 789 for ,yes * public hearing at the January 6, 1994, Planning Commission foes * * meeting. MOTION CARRIED. absent R x R ADJOURNMENT: The Planning Commission adjourned at 8:20 Adjourn p.m. to the Planning Commission meeting of January 6, 1994 at 7:30 p.m. x x x ANNE K. GIFFORD, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 23 i4