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HomeMy WebLinkAbout12/10/1992COMMISSIONERS r 0 10 CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: in i nm MINUTES [LOLL INDEX Present * * * * Commissioner Pomeroy was absent. . Absent * s s EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robert Burnham, City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of November 19. 1992 Minutes of Motion Motion was made and voted on to approve the November 19, 11/19/92 Ayes * 1992, Planning Commission Minutes. MOTION CARRIED. Absent * x : Public Comments: Public Comments No one appeared before the Planning Commission to speak on non- agenda items. Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, December 4, 1992, in front of City Hall. MINUTES December 10, 1992 CITY OF NEWPORT. BEACH __ INDEX ROLL CALL Request for Continuance: Request for Planning Director Hewicker recommended that Item No. 5, Continual Amendment No. 775, regarding the establishment of a new front yard setback on three lots on Clubhouse Avenue, be continued to the Planning Commission meeting of January 7, 1993. Koion * Motion was made and voted on to continue Item No. 5 to the Ayes * * January 7, 1993, Planning Commission meeting. MOTION Absent CARRIED. Use Permit No. 3465 (Public Hearing) Item No.. Request to permit the continued operation of an existing independent massage establishment on property located in the M- UP3465 1-A District. The proposal also includes a request to waive the Approved location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lots 11, 12, 50 and 51, Tract No. 3201, located at 3933 Birch Street, on the northerly comer of Birch Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: Taek Dong Kim, Newport Beach OWNER: Campus Square, Newport Beach Mr. Robert Burnham, City Attorney, reviewed the Massage Establishment Ordinance that was adopted by the City Council on March 25, 1992, that established land use controls over massage . establishments. He stated that Section 20.68.025 would allow the -2- F � MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX Commission to waive the location restrictions of the 500 foot limit if the proposed use is not contrary to the public interest, would not encourage blight, would not interfere with the neighborhood renewal program, and not adversely affect the use of any school, church, park, or playground in the vicinity of the massage establishment. The public hearing was opened in connection with this item, and Mr. Reuben Martinez, 802 North Orange Street, Orange, appeared before the Planning Commission on behalf of the applicant. Mr. Martinez referred to Finding No. 1, Exhibit "B ", wherein be stated that two massage establishments are located on the same property and not located in the same building. He requested a clarification of the Ordinance and what constitutes 500 feet between massage establishments: i.e. the distance one property is located from another property or the specific distance from one establishment to another establishment. Mr. Martinez and Chairman Edwards discussed the foregoing comment. In response to a question posed by Chairman Edwards, Mr. Martinez replied that he concurs 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. notion Motion was made and voted on to approve Use Permit No. 3465 Ayes * * subject to the findings and conditions in Exhibit "A". MOTION Absent * CARRIED. FINDINGS• 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is justified in that the subject business is an existing facility. -3- COMMISSIONERS IF L MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. 4. Adequate off -street parking and related vehicular circulation are being provided in conjunction with the existing development. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. S. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3465 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general 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 existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. -4- L 4 COMMISSIONERS MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 6. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. -5- 4 MINUTES December 10, 1992 CITY OF NEWPORT BEACH 20LL CALL INDEX Use Permit No 3467 (Public Hearing) Item No.2 Request to permit the continued operation of an existing UP3467 independent massage establishment on property located in the M- 1 -A District. The proposal also includes a request to waive the Approved location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lots 11, 12, 50 and 51, Tract No. 3201, located at 2028 Quail Street, on the northerly comer of Birch Street and Quail Street, . across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANTS: Bruce W. and Kanungsook Ragland, Garden Grove OWNER: Campus Square, Newport Beach James Hewicker, Planning Director, reported that the arrest referred to in the staff report at the subject property resulted in a hung jury on November 24, 1992, and the case has been set for a new trial on December 21, 1992. Robert Burnham, City Attorney, addressed Mr. Martinez' concerns regarding the 500 foot location restrictions during his testimony of Item No. 1, Use Permit No. 3465. W. Burnham stated that the Ordinance states that the restrictions apply to the actual location of the massage establishments as opposed to the distance one property is located from another property wherein he indicated that the City Attorney's Office would consider a possible revision of that Section of the Ordinance. The public hearing was opened in connection with this item, and Mr. Bruce Ragland, applicant, 6632 Chapman, Garden Grove, -6- d %keft\ *\\,\\O Fr L MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX appeared before the Planning Commission. Mr. Ragland concurred with the findings and conditions in Exhibit "A ". In response to questions posed by Chairman Edwards, Mr. Ragland stated that he was not present at the time of the aforementioned arrest; that the establishment operates according to the rules and regulations; and the employee in question is no longer employed by the establishment. In response to questions posed by Commissioner Merrill, Mr. Ragland stated that two employees, were on the premises at the time of the arrest, and the manager remains employed by the establishment. 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 DiSano, Mr. Burnham explained that the incident occurred prior to the time that the Commission took action on the use permit; however, there could not be revocation of the use permit for an incident that occurred prior to the issuance of the use permit. If there would be a subsequent incident and conviction then there would be grounds for revocation. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that the massage establishments are required to apply for use permits within. 12 months from the time that the Ordinance was adopted in March, 1992. In response to a question posed by Commissioner Merrill, William L.aycock, Current Planning Manager, explained that the subject operation moved from one suite in the building to another suite on the same property. Mr. Burnham indicated that the establishment remained on the same parcel and moved to an adjoining suite. -7- COMMISSIONERS 1, MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Chairman Edwards, Mr. Burnham explained that if the Commission denied the use permit the applicants could apply for another application prior to March, 1993. Motion * Motion was made to approve Use Permit No. 3467 subject to the findings and conditions in Exhibit "A ", and to add Condition No. 9 requesting a review of the use permit at the March 18, 1993, Planning Commission meeting. Chairman Edwards stated he had difficulty approving the use permit; however, it would allow the Commission to call back the use permit for revocation. * *. * Motion was voted on to approve Use Permit No. 3467 subject to Ayes. * the findings and conditions in Exhibit "A", and add Condition No. Wnt * 9 as stated. MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is justified in that the subject business is an existing facility. 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. 4. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or . injurious to nearby properties, and that the spirit and intent -8- COMNIISSIONERS • � •i 4 4 MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3467 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 existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. 2. That the hours of operation shall be. limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. -9- L COMMISSIONERS i1 '1' MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 6. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 7. That an "as- built" building permit shall be required for the interior construction in the subject tenant space. 8. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. 9. That the Planning Commission shall review the subject use permit at the March 18, 1993, Planning Commission meeting. sss Use Permit No. 3466 (Public Hearing) item. No.. Request to permit the continued operation of an existing UP3466 independent massage establishment on property located in the M- 1 -A District. The proposal also includes a request to waive the Approved location requirement which requires that independent massage establishments be at least 500 feet from another .independent massage establishment. -10- F M�Xaffl MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX LOCATION: Lot 23, Tract No. 3201, located at 4200 Campus Drive, on the southeasterly corner of Campus Drive and Dove Street, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Ray Merritt, Newport Beach OWNER: Ralph Gray, Newport Beach The public hearing was opened in connection with this item; and Mr. Ray Merritt, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A ". He indicated that the patrons of the adjacent dry • cleaners park at the facility for a very short period of time. 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. 3466 Ayes * * * subject to the findings and conditions in Exhibit "A ". MOTION Absent CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is justified in that the subject business is an existing facility. 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. • -11- MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX 4. Adequate off -street parking and related vehicular circulation are being provided in conjunction with the existing development. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban bligbt area. 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood. conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3466 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 . existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan 12 L MINUTES December 10, 1992 CITY OF NEWPORT BEACH .Now ROLL CALL INDEX 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That the requirement for a 'minimum 500 foot distance from other independent massage establishments is waived. 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 6. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. • s : -13- 4 • MINUTES December 10, 1992 CITY OF NEWPORT BEACH [LOLL CALL INDEX Use Permit No. 3235 (Amended) (Public Hearing) Item No. Request to amend a previously approved use permit that permitted UP3235A the establishment of a take -out restaurant with incidental seating which specializes in the sale of muffins and frozen yogurt, on Approved property located in the C -1 -H District. Said approval also included the waiver of a portion of the required off - street parking spaces. The proposed amendment involves a request to change the operational characteristics of the take -out restaurant so as to allow the preparation of food to include deli sandwiches, hot dogs, and salads. The proposal also includes a request to extend the hours of operation so as to be open from 6:00 a.m. to 11:00 p.m. Sunday through Thursday and from 6:00 a.m. to 12:00 midnight Friday and Saturday where the permitted hours are from 6:30 a.m. to 10:00 p.m. daily, and to allow the permitted number of seats to be increased from 12 to 18 seats. LOCATION: Parcel 1 of Parcel Map 163 -23 (Resubdivision No. 673), located at 3025 East Coast Highway, on the southeasterly comer of East Coast Highway and Iris Avenue, in the Albertson's Shopping Center in Corona del Mar. ZONE: RSC -H (formerly C -1 -H) APPLICANT: Galardi Group (Wienerschnitzel) Newport Beach OWNER: E. Morris Smith, Newport Beach James D. Hewicker, Planning Director, stated that the issues regarding the subject application are offstreet parking and trash inasmuch as they have been the concerns at the subject location during the past 22 years. He addressed the numerous trash barrels that exist on the sidewalk on Iris Avenue that come from the use of the adjacent pizza restaurant, and the existing trash facility that is located on the property that is controlled by the video store. -14- .����l`�����`E'tio MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL WDEX In response to a question posed by Commissioner Gifford, Mr. Hewicker explained that the issue of the existing trash containers on the street created by the adjacent pizza restaurant could be increased by the expanded use of the subject franchised restaurant. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that there is a trash pickup Monday through Friday, and not on weekends. Commissioner Merrill and Mr. Hewicker discussed the feasibility of the Commission calling up the pizza restaurants use permit because of the concern regarding the trash. Commissioner Merrill stated that the subject request should not be denied because of the trash created by other uses in the area. Commissioner Merrill and Mr. Hewicker discussed the feasibility of adding a condition to Exhibit "A" that would limit the menu items so as to reduce the trash. In response to a question posed by Commissioner DiSano regarding Conditions No. 8, 9, and 10 in Exhibit "A" of the staff report, Mr. Hewicker explained that the conditions contain staff's concerns regarding trash, and if the applicant did not comply with the conditions, Condition No. 14 would permit the Commission to call up the use permit for review. 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. Mr. King explained that the Planning Commission approved Condition No. 9, Use Permit No. 3235 on November 6, 1986, requiring a trash compactor; however, the Building Department chose not to require the installation of a trash compactor and allowed the operation to continue to operate with trash containers. The applicant has agreed to install a trash compactor as required in the subject request. He explained that the trash container that is located at the video store has been on the site since the meat market occupied the location. Mr. King addressed Condition No. 7, . Exhibit "A ", requesting that grease interceptors be provided, and -15- COMMISSIONERS • l i! ", I 0 11y.� December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX he indicated that the applicants would not prepare foods that require grease as indicated by the menu that is attached to the staff report. Mr. Hewicker explained that Condition No. 7 is a standard condition that is placed on the majority of restaurant use permits and the Building Department has the option of requiring the device based on the manner that the facility would be operated. In response to a question posed by Chairman Edwards, Mr. King concurred with the findings and conditions in Exhibit "A ", and the applicant intends to submit the attached menu as part of the application. Commissioner Merrill suggested that a condition be added that would state that no hot dog grill would be allowed as indicated on the plan that was submitted to the Commission. In response to a question posed by Commissioner Gifford regarding Condition No. 7, Exhibit "A ", discussion followed regarding the Grease Interceptor Ordinance. Chairman Edwards concluded that if a new type of grease interceptor would be introduced in the future that the City would have the ability to require the applicant to comply with the City's request. In reference to Condition No. 10, approved by the Commission on November 6, 1986, requiring employee on -site parking, Mr. King pointed out that said condition was eliminated on the subject application; however, Condition No. 3 states that all previous conditions shall remain in effect. Mr. King explained that the leases that the tenants sign with' the property owner restrict employees from parking on the site because of the shortage of parking. He submitted a petition with 130 signatures from the community stating that they endorse the subject proposal. Mr. Hewicker stated that parking problems occur when there are residential uses on the side streets and commercial uses on the boulevards, and restaurants are concerns because they generally open earlier in the morning and close late at night. He explained that conditions are placed on the use permits to address the issue -16- rMo L MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX of employees parking in residential areas. Mr. Burnham explained that the City has the right to impose conditions on businesses when granting use permits. In response to a question posed by Commissioner Gifford, Mr. King explained that he did not mean to imply that all of the other tenants would be in violation of their leases if the employees parked on -site; however, the subject applicant would be in violation. Mr. King addressed the availability of parking on -site and the attitude of the residential neighborhood. Mr. King stated that Albertson's Market is open until 12.00 " midnight seven days a week and not to 11:00 p.m. as indicated in the staff report. Mr. Laycock pointed out that the City contacted the management at Albertson's Market and staff was informed that the market closed at 11:00 p.m. In response to a question posed by Commissioner DiSano, Mr. King indicated that he has requested that the required employee on -site parking that was approved in 1986 be removed from the subject application. Commissioner Merrill indicated that the closing hour of 12:00 midnight as requested is too late based on the adjoining residential neighborhood. Mr. King responded that the neighbors signing the petition were not concerned about the restaurant closing at 12:00 midnight. There being no others desiring to appear and be beard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3235 (Amended) subject to the findings and conditions in Exhibit "A ", amending Condition No. 3 to state with the exception that the requirement that the employees are not required to park on -site Commissioner DiSano stated that the required grease interceptors would address concerns regarding grilling, and no one appeared before the -17- COPMUSSIONERS L MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX Commission to address concerns with respect to the restaurant closing at 12:00 midnight. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that the City normally requires employees to park on -site and if it is a problem between the tenant and the landlord, then the concern should be resolved between the two parties inasmuch as the City also considers the community. Substitute Commissioner Glover made a substitute motion to approve Use Motio n * Permit No. 3235 (Amended) subject to the findings and conditions in Exhibit "A" as proposed by staff. Commissioner Merrill made a substitute substitute motion to Substitute amend Condition No. 4, Exhibit "A", to state that the hours of titute operation shall be to close at 10:00 p.m. Sunday through Thursday Won * and 11:00 p.m. Friday and Saturday. He expressed a concern regarding the parking. Chairman Edwards stated that he would support the substitute substitute motion. Mr. King reappeared before the Planning Commission wherein he explained that parking is not a problem in the immediate area. Ayes Substitute Substitute motion was voted on to approve Use Permit No * No. 3235 (Amended) subject to the, findings and conditions in Absent * Exhibit "A ", and to amend Condition No. 4 to state that the operation shall close at 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and with the Local Coastal Program, and is compatible with the surrounding land uses. -18- COMMISSIONERS MINUTES • N ' s December 10, 1992 CITY OF NEWPORT BEACH L ROLL CALL INDEX 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to traffic circulation, walls, landscaping, utilities, and a portion of the required parking spaces (21 spaces) will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That the approval of Use Permit No. 3235 (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 to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. That seating and /or counter space for no more than 18 customers shall be permitted. 3. That all previous applicable conditions of approval of Use Permit No. 3235 shall remain in effect. 4. That the hours of operation shall be limited between the hours of 6:00 am. to 10:00 p.m. Sunday through Thursday and from 6:00 a.m. to 11:00 Friday and Saturday, unless an amended use permit is approved by the Planning Commission. 5. That exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. -19- COAMUSSIONERS L MINUTES December 10, 1992 CITY OF NEWPORT BEACH ROLL CALL INDEX 6. 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. 7. That grease interceptors shall be provided on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 8. That a trash compactor shall be installed unless an existing compactor is maintained. 9. That all trash, including compacted trash bags and recyclable containers, shall be stored within the building until the morning of the scheduled trash pick up days. Said trash accumulated on weekends shall be stored in the building until the first pick -up day of the week. 10. The empty sealed containers shall be removed from the parkway as soon as possible after trash has been picked up. The containers must be stored inside the building, and not stored outside by the rear of the building. 11. That Coastal Commission approval shall be obtained prior to the implementation of the change in the operational characteristics of the take -out restaurant facility. 12. That no temporary "sandwich" signs shall. be permitted, either on -site or off -site, to advertise the restaurant facility. 13. That no outside paging system shall be utilized in conjunction with the proposed development. . 14. That the Planning Commission may add to or modify . conditions of approval to this use permit, or recommend to -20-