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HomeMy WebLinkAbout863-97 - File111111111111111111111111111111111111111111111 *NEW FILE* III Palm St 4 APPLICATION FOR "AT�OVAL IN CONCEPT" NO ` ' CITY OF NEWPORT BEACH FEE: 'T 0 APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit application to the California Coastal Commission pursuant to California Administrative Code, Section 13210 and 13211. + { jj! (� Property Address: 11 I �A 1 t t 1. 5 R i fl t �1 1 7641 ,w General Description of Proposed Development: i Y ! /i /J) Legal Description: L h j r ,&Cf IG. & Att3 WpdK axf IOZTne: S - 8 R . Applicant: V O C Fl o f _, tr 0 Applicant's Mailing Address: ! (7 E iw i . V a -e L.A n e Applicant's Telephone Number: 1' Q 67K 600 DO NOT COMPLETE APPLICATION BELOW THIS LINE The I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application; and find Pe They comply with the current adopted City of Newport Beach General Plan, Zoning , -� Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or f 1 �i:.�d��' • ThataUl�ilte1%J,.1(1Y'f,6Ilsei'trNtiThasbeenapproved disfinal A copy of any variance, site plan review, resubdivision, use permit, or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept, and said approval has been written upon site plans, signed and dated, Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: • Has received a final Exemption Declaration or final Negative Declaration (copy attached). Has been determined to be ministerial or categorically exempt. • Has received a final Environmental Impact Report (copy Attached). All discretionary approval legally required of this City prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by this City unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of this City. Date: S — 2.0 `" 9-7 PLANNING DEPARTMENT Attachments: JAMES D. HEWICKER, Director Fiant ilu {Ul:tlllil-hioll / M i l! 1 rr,as . By i., ` 6�6 , ia—..,.^a«—* NOTE: No building permit will be issued until approval is received from C.C.C. WP31\PLANNINOtDARLEENTORMSWPRLCONP.I= w �LCI MINUTES CO',AMISSIONERS 0 0 ROLL CALL CITY OF NEWPORT BEACH May 4, 1995 31 T7 s i xpire unless exercised within 24 months from the date of approv ified in Section 20.80.090A of the Newport Beach Municipal Code. �*r Use Permit No 2045 (Amended) (Continued Public Hearing) Request to amend a previously approved use permit which permitted the establishment of a full service restaurant with on -sale alcoholic beverages and live entertainment. The proposed amendment involves a request to delete a previously imposed condition that prohibits the opening of the restaurant before 5:00 p.m., Monday through Saturday, between June 1 st and Labor Day and prior to 10:00 a.m, the rest of the year, so as to allow the restaurant to be open at 6:00 a.m. daily, all year round. The proposal also requests the deletion of a second previously imposed condition that required the purchase of 23 in -lieu parking spaces on an annual basis for the restaurant use. LOCATION: Parcel 1 of Parcel Map 189/17-18 (Resubdivision No. 713), located at 109-111 Palm Street, on the southwesterly comer of Palm Street and East Balboa Boulevard, in the Central Balboa Specific Area Plan. ZONE: SP-8 APPLICANT: Britta K. Pulliam, Newport Beach OWNER: 4 Sails, Newport Beach The Planning Commission and staff discussed the in -lieu parking requirement, and the existing moratorium on the in -lieu parking. In response to questions posed by Commissioner Adams requesting a clarification of the moratorium, James Hewicker, Planning Director, explained that the reasoning behind the moratorium was that the previous City Council believed that the fees that were being charged and collected by the City were not sufficient to keep pace with the increasing value of -23- INDEX Item No.5 UP2045A Approved COMMISSIONERS • • MINUTES ROLL CALL CITY OF NEWPORT BEACH May 4, 1995 would never be enough for the City to be able to afford to purchase additional property for parking lots. The current City Council determined that there is enough money to purchase the property where the former Wells Fargo Bank was located to provide additional parking spaces. In response to a question posed by Commissioner Adams, Don Webb, Public Works Director, replied that in -lieu parking fees could be used for making improvements in the Balboa Pier Municipal Parking Lot. Mr. Webb stated that the City purchased the Wells Fargo Bank property across the street from the subject property, and is in the process of developing a 38 space parking lot at a cost of approximately $1 million. The parking lot was purchased with parking fees that were generated throughout the City and not just from the Central Balboa area. Commissioner Pomeroy and staff discussed the amount of money that the City collects each year from in -lieu parking fees. Commissioner Ridgeway requested a clarification concerning the Coastal Commission fee of $7,140.00 annually to the subject property when the City's fee would be less than half that amount. He said that the City would impose a fee of $3,450.00. Director Hewicker stated that the Coastal Commission approved the fee for the subject property in 1982 following a study that the Coastal Commission staff conducted that gave them an indication of the parking rate on the Balboa Peninsula. The Coastal Commission only imposed that requirement on the subject property. In response to questions posed by Commissioner Adams regarding the in - lieu parking fee imposed by the City, Director Hewicker stated that the in - lieu parking fee was originally much less than the existing $150.00 annual fee. In response to comments by Commissioner Ridgeway concerning the subject property and the 23 in -lieu parking spaces, Director Hewicker replied that the Planning Commission has the authority to adjust the number of in -lieu parking permits that the applicant would be required to purchase. The final answer would have to be resolved by the Coastal Commission. -24- INDEX COMMISSIONERS CITY OF NEWPO}2T BEACH �q9h F9020 MINUTES Ma 4, 1995 ROLL INDEX CALL The public hearing was opened in connection with this item, and Ms. Britta Pulliam, applicant, appeared before the Planning Commission. She presented background information concerning her involvement in the community and Britta's Restaurant on Main Street, and her interest in the subject establishment successful. Ms. Pulliam stated that it is making 'important that the restaurant be open for lunch on a year round basis. In reference to the in -lieu parking fees, she explained that the establishment was originally developed as a nightclub. The subject restaurant is established in the community and it is the type of family -oriented business that the residents are supporting in Central Balboa. Ms. Pulliam concurred with the findings and conditions in Exhibit' A". Mr. Bob Yant, 2113 Seville Avenue, appeared before the Planning m Comission as Vice -President of the Balboa Peninsula Point Association. Mr. Yant addressed Ms. Pulliam's integrity as a businesswoman in the community. He pointed out the number of Balboa Peninsula residents who walk to the neighboring businesses, including the subject establishment. Mr. Mike Fazzi, owner of the subject property, appeared before the Planning Commission to express his support of the subject restaurant. Mr. Rush Hill, Chairman of the Economic Development Committee, appeared before the Planning Commission to express his support of the subject restaurant's request,to modify the hours of operation and the waiver of the 23 in -lieu parking spaces. The original business, as previously stated, was a nightclub and it was a very different operation than the current establishment. The former nightclub attracted a different customer than the existing establishment which he does not consider a destination restaurant. He opposed the previously imposed in -lieu parking fees wherein he commented that the fees are damaging to the revenue of the operation, and it is damaging to the revenue of the City. To not allow the restaurant to be open year around would not be a resident -focused operation because it would be difficult to rebuild the clientele and expect a viable business. Mr. Gary Malazian, 4827 Cortland Drive, appeared before the Planning Commission as a member of the Board of Directors of the Balboa Merchants and Owners Association and the Economic Development Committee. He addressed the in -lieu parking fee regulation, and his -25- COMMISSIONERS • • MINUTES ROLL CALL CITY OF NEWPORT BEACH 4, 1995 Ridgeway, and Chairman Gifford addressed the number of customers that either ride a bicycle or walk to the restaurant. In response to a request by Commissioner Di Sano, Mr. Rush MU reappeared before the Planning Commission. Mr. Hill stated it is difficult to keep business enterprises in strong financial condition during the winter months. He addressed the availability of parking on the Balboa Peninsula during the winter months, and he questioned if parking should be an issue as it relates to economic development. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sano stated that he supported a year around restaurant operation. He expressed a concern regarding the request to waive the in - lieu parking spaces, and he suggested that the applicant contact the Coastal Commission regarding their in -lieu parking requirement. Commissioner Pomeroy stated that he supported the year around operation, and he would support adjusting the in -lieu parking fee. He said that the testimony taken during the public hearing indicated that the subject restaurant is not a destination establishment and it does have high walk-in traffic. It is inappropriate to charge substantially more for one business that does not apply to the other businesses. He suggested a waiver of 13 of the 23 in -lieu parking spaces. Commissioner Ridgeway concurred with Commissioner Pomeroy. He supported the year around operation. He did not understand the Coastal Commission's action and he questioned why it was not challenged. The type of user that goes to the restaurant is different than the patrons attending the previous operation. He stated that he would support an adjustment to the in -lieu parking requirement but not a total waiver wherein he pointed out that there is not a parking space associated with the subject use. Commissioner Adams supported the proposed hours of operation. He said that it would not be fair to other businesses that pay in -lieu parking fees to waive the in -lieu parking requirement or to the businesses that buy, pay for, -26- INDEX COMMISSIONERS MINUTES ROLL CALL CITY OF NEWPORT BEACH May 4, 1995 be more than the other fees in the area; however, he would not support a reduction in the number of in -lieu parking spaces and he suggested that the fee be $150.00 per space per year as is the existing in -lieu fee charge. Commissioner Brown concurred with the aforementioned comments in support of the hours of operation. He suggested that the number of in -lieu parking spaces be reduced on the basis that the subject use is substantially different than the previous use when the 23 in -lieu parking spaces were originally approved, and the in -lieu fee should also be in parody with the other in -lieu fees. Commissioner Kranzley supported the proposed hours of operation. He concurred with the foregoing comments that the in -lieu parking spaces should be more in conformance with similar type operations; therefore, he recommended that the in -lieu parking requirement be 12 parking spaces at $150.00 per space per year. Chairman Gifford supported the proposed operating hours inasmuch as it is bad business to have inconsistent business hours, and it does not sustain the local business community. She said that another choice of a restaurant that is open for lunch supports other businesses that come into the community and establish themselves. A significant proportion of the customers walk to the restaurant, and the patrons who come to the restaurant by automobile also come to the Balboa Peninsula for another reason. The Balboa Peninsula community is similar to downtown communities where not every business is required to provide on -site parking, the parking is provided by the municipality, on the streets, and in the Municipal Parking Lots. She supported waiving the 23 in -lieu parking spaces; however, as an alternative she stated that there is a basis for a finding that the subject operation is not similar to the previous nightclub operation nor is there a basis for having a different fee. She supported a reduction in the number of in -lieu parking spaces and a reduction in the fee. Commissioner Adams commented that the previous establishment's parking requirement was based on "net public area" for a restaurant. The 23 parking spaces were calculated using one parking space for each 40 square feet of "net public area" wherein he pointed out that the subject use permit could be transferred to an operation similar to the previous -27- INDEX COMMISSIONERS • • MINUTES ROLL CALL Motion All CITY OF NEWPORT BEACH 1995 nightclub. He suggested that >f the num er o required parking spaces would be recalculated based on one parking space for each 50 square feet of "net public area" that it would reduce the number of required parking spaces. Director Hewicker addressed the number of employees that the restaurant may be hiring and the number of parking spaces that would be needed by the employees. Commissioner Di Sano confirmed that the use permit goes with the land and not the subject restaurant, and whatever decision the Planning Commission makes concerning the operation the Planning Commission should also consider the future uses on the property. He stated that he would support 18 in -lieu parking spaces at $150.00 per space per year. Motion was made to approve Use Permit No. 2045 (Amended) subject to the findings and conditions in Exhibit "A", and to amend Alternate Finding No. 3 stating that ...the continued purchase of in -lieu parking fees is appropriate in relation to other uses that are required to pay in -lieu parking fees in the area. i.e. $150.00 per space per year. and to amend Alternate Condition No. 2 stating ..applicant shall continue to purchase eighteen (18) in -lieu parking spaces on an annual basis for the restaurant use. Commissioner Brown and Director Hewicker discussed how the number of 23 in -lieu parking spaces was calculated when the previous use permit was approved for the former Bubbles Balboa Club. Commissioner Adams supported that 18 in -lieu parking spaces inasmuch as it is based on a reduction to the lower end of the City scale for restaurants. Motion was voted on as amended. MOTION CARRIED. FINDINGS: 1. That the subject restaurant is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. au INDEX c . COMMISSIONERS ROLL CALL • MINUTES CITY OF NEWPORT BEACH Mav 4.1995 the project will not have any sigmncant r«Y,L.,,u,«„,� ..Y .• 3. Tfrat the waiver of the development standards as they pertain to parking lot illumination, circulation, walls, building setbacks, llandscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed, the structure has been in existence for many years, and no physical changes are proposed; however, the continued purchase of in -lieu parking fees is appropriate in relation to other uses that are required to pay in -lieu parking fees in the area, i.e. $150.00 per space per year. 4. That adequate parking exists in the nearby Balboa Pier Municipal Parking Lot and additional parking will be provided in the future municipal parking lot to be located diagonally across the intersection of East Balboa Boulevard and Palm Street to accommodate the increased hours of operation. 5. That the parking characteristics of the patrons who frequent the subject establishment do not differ significantly from winter season to summer season. 6. That the approval of Use Permit No. 2045 (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 development shall be in substantial conformance with the approved plot plan/floor plan. 2. That the development standards related to building setbacks, parking lot illumination, walls, landscaping, and utility requirements are waived. However, the applicant shall continue to purchase eighteen .(18) in -lieu parking spaces on an annual basis for the restaurant use. -29- INDEX COMMISSIONERS 0 MINUTES CFe?i P97, �� 99��i 9- F90 20 CITY OF NEWPORT BEACH May 4, 1995 ROLL INDEX CALL atall applicaule conditions or appiuvcu as Previously approved by the Planning Commission in conjunction with Use Permit No. 2045 and Use Permit No. 2045 (Amended), on December 10, 1981, May 6, 1982, January 23, 1986 and June 19, 1986 and as approved by the City Council on January 11, 1982, shall remain in force. 4. That the hours of operation shall be limited between 6:00 am. and 12:30 a.m., Sunday through Thursday; and from 6:00 a.m. to 1:00 a.m., Fridays and Saturdays. 5. That the "net public area" of the restaurant shall not exceed 2,879 square feet throughout the subject restaurant facility including any outdoor areas devoted to dining or waiting. 6. That no temporary "sandwich" signs shall be permitted, either on - site or off -site, to advertise the restaurant facility. 7. That no dancing shall be permitted in the restaurant unless an amendment to this use permit is approved by the Planning Commission. 8. That no outdoor sound system, loudspeakers or paging system shall be permitted in conjunction with the restaurant facility. 9. That the applicant shall obtain Coastal Commission approval in conjunction with the approved development prior to implementation of the increase in the hours of the subject restaurant. 10. That the Planning Commission may add to or modify conditions of approval of 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. -30- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH May 4, 1995 ROLL INDEX CALL 11. at t pe s use rmits expire u Tess exercise wet Months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. he Planning mmission recessed at 9:40 p.m. and reconvened at 9:45 Co554 P. . Use Permit blic Hearin item No., Request to pe it alterations and additions to an existing commercial UP3554 building that will teed the 26 foot basic height limit in the 26/35 Foot Approved Height Limitation D trict, on property located in the Retail and Service Commercial Area of th Cannery Village/McFadden Square Specific Plan. The proposal also incl es a use permit to allow the transfer of development rights to the p Jett site from property located at 2206 West Ocean Front and a modificat n to the Zoning Code so as to allow: a portion of the proposed buildin addition, off-street parking, and a trash enclosure to encroach into the 1 foot rear yard setback adjacent to an alley; the second floor addition an new ground floor front facade to encroach 5 feet into the required 5 fo t front yard setback; a request to waive a portion of the required landscape , and to allow a portion of the required off-street parking to utilize a tand parking design. LOCATION: Lots 18, 19, 20 and 21, lock 22, Newport Beach Tract, located at 115 22n Street on the westerly side of 22nd Street between est Ocean Front and West Balboa Boulevard, i the Cannery Village/McFadden Square Specifi ea Plan. ZONE: SP-6 APPLICANT: Rush Hill, Conservator for Conservatorshi f M. E. Forgit, Newport Beach OWNER: Conservatorship of M.E. Forgit, Newport Beach -31- t4 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT 644-3200 May 23, 1997 Britta K. Pulliam 111 Palm Street Balboa, Ca 92663 RE: Extension of Expiration Date, Use Permit No. 2045 (Amended) Dear Ms. Pulliam, Pursuant to your letter dated April 5, 1997, you have'requested an extension of the expiration date of Use Permit No. 2045 (Amended), scheduled to expire on May 25, 1997, to allow additional time to obtain a Coastal Development Permit from the Coastal Commission. Pursuant to Section 20.91.050 of the Municipal Code, the Planning Director may grant a time extension of the expiration date for a use permit for a period not to exceed 3 years, provided the request is submitted no less than 30 days prior to the expiration date. I have considered your request for an extension of time and have approved a 90 day extension which will extend the expiration date to August 25, 1997. However, this extension is contingent upon submittal of an application for a Coastal Development permit to the California Coastal Commission within 14 days of the date of this letter to ensure the continued diligent pursuit of the use permit approval. You are also advised that Use Permit No. 2045 (Amended) as approved by the Planning Commission on May 4, 1995 cannot be implemented until all conditions of approval have been satisfied, which required the approval of a Coastal Development Permit (Condition No. 9). The establishment is therefore limited to the activities granted or in effect prior to the approval of May 4, 1995, including hours of operation. Should you have any questions, please contact Jay Garcia at 644-3206. PatriciaTemple Planning Director Attachment: Excerpt of Planning Commission Minutes dated May 5,1995 F:\USERS\PLN\SHARED\ t UP-EXi1UP2045X.DOC 3300 Newport Boulevard, Newport Beach