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Home My WebLink About2906 COAST HWY W., a ��d� �� , /✓I` Y TI/ Ior, l %ACuce r Irmo iim M, RMmm� JONW-`:l 9, /./��(' fl'QRlltn t�U/in�Pl�lr-4/✓in/ /�'/(/7F -714�'11 --X,' ci. L�Coe �1/ lyf, //I?11W 71r 7-661a'dt> . - I �11-71'71 OrY 6?W n417V -'t-EC , w� 60 oil a /P 4'3sr � 3 l��icez.� w/rye-o�,� cD,��✓ �.,,,, 0 4/ oR / 9 , (?c &�-Oqov 7z,g 09bb IV, -'Zle-OAFS, lo - as r d �79 II- 4�1--ml O_ i �s �® A = _i W i 2000 IML I ] 1/7-rA 77., A ,A A -1k y rfa� 10 �4;A ,r A Friday, September 18, 1992 Newport Beach/Costa Mesa Daily Pilot R H =q I H P= =q =q Quality Service 8 Products First 10 mins. FREE with '' your 1st 1 Hour appointment 1 Hour 445 1/.Hours $25 Hair By Jennifer - Carrie Perms Massage By SWEDISH MASSAGE '25 1/2 Hour or'45 1 Hour DEEP TISSUE THERAPY '30 1/2 Hour or $60 1 Hour Mon 4pm-8pm-rues4hws 9.3awi-6:30pm Fri 9r30am-8pm—Sat 9:00.n-&OOPM (714) 962-5232 Ubde0lft.. "Orange County's Best PudicMfairs Program" Dr. Me* Palncca . Iwll smim IMllllam Lobeall Raab Mewdn UCI Assistant Wald Trade EditorOfThe Attorney, KFI Professor, Editor, Daily PlbtArid Talk Show Host Columnist Columnist Independent Columnist Plus ale notating 6th Seat: Christine Mmer, Phylis Ba&=, Ken Grubbs & John Moonach THIS WEEK'S The lobdell TOPICS Where To Group Hits Watch The The lecture Newpolit lobdell Circuit Group If you'd like the Public Alit Costa Mesa Lobdell Group M,T,TH,F • 730pm 10 entertain and GOP Channel el 61 TH - 6:00p inform with a tailor-made Turncoats Channe13 Newport Beach performance Fanatical (Comm. Cable) WED • 7:30pm for your organi- Channe139 zation, please �} (Corl) call Bill Lobdell Right WED • 6:00pm Channel 3 at540-1224. We're 5 times A S 1ii� aligns Huntinglon Beach more exciting SUN - 9:01pm Channel3 thanyourtypical -- Irvine speaker. TH6NEWPORTBEACH•CGSrAMFSA Dan .elin MIMIC The Business page runs on Mondays, Wednesdays, Thursdays and Fridays Business Editor Tony Cox ,...642-4321, ext. 371 Eviction tunes out customers People unable to retrieve stereo equipment left for repair at Newport Soundwaves. By Tony Cox spring and won a $10,000 judg- added that the Clarks were given Business Editor ment for unpaid rent. A spokes- two weeks after the eviction to get NEWPORT BEACH — The man for Moses Hall, Brandy's law- their own belongings out of the forced closure last week of New- yer, said the building owner is now building, and he believes they did port Soundwaves left some of the owed between $15,000 and so on Thursday. Hall's firm is re - store's customers in the lurch — $18,000. Brandy was scheduled to ferring Newport Soundwaves cus- _. not because they're worried about evict Newport Soundwaves on - tomers to Bean. , - finding another stereo dealer, but June 25, but delayed closing the because they're wondering how business to give them time to re- - -Like \/irtue; Tustin resident and if they'll get back equipment solve their financial problems. Janis Wainright'said she doesn't , that was being repaired at the Brandy apparently felt enough know how she can get back her . business. was enough by Sept. 1, when he stereo. She added that she' was a Robert and Nancy Clark, own- requested that authorities evict the -regular customer � of Newport ers of Newport Soundwaves, were four -year -old business. The Clarks Soundwaves ;and was, extremely evicted last week from their 2,800- were locked out of their store fate surprised when she, found the square -foot store and office. Cus- last week. business had closed. tomers who had left their stereos Neither the Clarks . nor their "I just found out last night, at the upscale store for repairs say lawyer, Ted Bean, could be when I went down there to pick they've been unable to contact the reached for comment. up my -stereo," W.ainright said. "I Clarks or anyone who can help Hail's spokesman said gland- don't know' what recourse I have. them get their property back. lord can return property only if it I'd -like to have my stereo back so "It's a real helpless feeling, and is labeled as belonging to someone I don't have to go out and spend I know there's a lot of us out other than the evicted tenant. He $400 or $500 to get a new one." there," said Doreen Virtue, a - Newport Beach resident who left a For a Short Time 10-disc CD changer at Newport Soundwaves in June. "They were 1987 ' supposed to fix it. Now the place is locked up and the phone's dis- connected. "Those l who trusted that prices this was a legitimate business left our stuff there, and now it's BrTheand Clark's sued landlord, Robert Are Here. Again! Brandy, sued the couple this YES, You Can... participate in world peace ;., and understanding Open your heart and f.� home to an International Exchange Student. Call YES Today to becom.e._e, Host Family to a° high school a student 15-18 years of age. Say YES a to world peace. A NON-PROFIT INTERNATIONAL EXCHANGE PROGRAM DEDIIIATED TO WORLD PEACE (714) 955-2030 (800) 848-2121 Are You Bored? Do You Need Something To Do? Come To Tower And .. . Take The "A Train" al al al ... Ride The Crazy Train Madame Butterfly... ..Get Lost In Iron Butterfly Look for your favorite Songsmith ... Get Down With Aerosmith . . . Watch Fantasia . a . Get A Present For Your Cousin Anastasia .. . Take A Moonwalk with Michael ... Let Queen Ride your Bicycle .. . OPEN 9AM TO MIDNIGHT EVERYDAYI 4111113,112HlNK111111111 (714) 650-5122 1726 SUPERIOR AVE. COSTA MESA Carburetor Rebuilding • Fuel Injection Tune -Up • Smog Certification Ctpen Mon -Fri 8:30 to 5:30 Cali 0 (714) 642-8286 cpfor an appointment 2945 Randolph Ave. Costa Mesa Effective AUGUST 1,1992 until further notice. US OPEN CHAMPION FRENCH OPEN . CHAMPION Ell Ili: Bmn Events Center Ili • • UCI Campus Prelim features Tracy Austin and Me Nastase. A1EYI,4y ORANGE COUNTrS ALL-TIME 40 Q GREATEST TENNIS EVENT! t , "Mb, MNEYMDTENNIS ZyC'H fA��4 CHALLENGE ,IcKErs: 714 6444800 Prices: $40, $28, $17. TICKETS ALSO AVAILABLE AT -n=: 714g402000 Hosted by: CS PARK NnEWPORT Cos Au geteo aimeo _ - HHAL'AI Rtott- TRADITIONAL NORTHW©- JAZ- `Jlttel TI FFANS JEWELERS AIRLINES ® g' �,CX L S ME I. I. - NEwPORT THE ROMMMDAVI M L s S F. Y IMPORTG Y,,-Y,.• - WM&I=CD ER IN ASSOCIATION WITH THE ORANGE COUNTY SPORTS HALL OF FAME- UCI ATHLETIC FUND• THE LOS ANGELES TIMES FUND - Newport Beach/Costa Mesa Daily Pilot Friday, September 18, 1992 A3 Artist honored Shauna Nortleet Swedish glass artist Anne Nilsson, center, with tal Court through Oct. 11, the exhibit includes Anton and Henry Segerstrom, right, was hon- a unique blend of innovative colored glass ored at a special breakfast Monday at Gustaf sculptures as well as functional items, such as Anders Restaurant where her work was dis- Nilsson's unusual sandblasted and hand - Played as part of "Gallery '92;' a 37-piece col- painted perfume bottles which lay whimsically hand - played of sfned, limited -edition glass art con- on their sides. Renee Segerstrom was honorary ceived by eigght selected Orrefors artists. On chairwoman of the breakfast. Also present was display at Galleri Orrefors Kosta Boda in Crys- Swedish Consul General Peter Hammarstram Movie listings Newport Beach EDWARDS NEWPORT CINEMA 300 Newport Censer Dnve 644-0760 1. Sneakers (PG.]3)12:30, 3, 5:30, 8, 10:20 2. Bob Roberts (R) 12, 2:15, 430, 7, 9:15 3. Husband and Wives (R) 12, 2:30, 5, 7:30, 9 45 EDWARDS ISLAND CINEMA Fashion Island, Newport Center 640-1218 1. 5ingles IPG-13) 1:15, 3:30. 5:45, 8, 10:15 2 School Ties (R) 1:30, 3:45, 6, 8:20, 10.30 3. Unforgiven (R) 1, 4, 7, 10 4. Captain Ron ((PG.13) 12:30, 2:45, 5, 7.15, 9.30 5. A Brief History of Time IN /RI 12, 2, 4, 6, 8, 10 6. Honeymoon In Vegas (PG) 1:30, 3:30, 5:30, 7.30, 9:30 7 Enchanted April (PG) 12:30, 2:45, 5, 7:30, 945 LIDO CINEMA Newport Blvd. d Newport Village 673 8350 Wind (PG-13) 4:30, 7, 9:30 PORT THEATRE 2905 E. Coon Hghway 673-6260 Howard's End (PG) 7, 9:45 Costa Mesa EDWARDS CINEMA CENTER 2701 Harbor Blvd/ Mesa Verde Center 979-4141 1 Wind (PG-13) 5:30, 8, 10:20 2. Hellraiser 3 (R) 6:30, 8:30, 10:20 3. Crossing the Bridge (R) 5:30, 9:30 When the Day Takes You (R) 7.30 4. Honeymoon In Vegas (PG-13) 5, 7, 9 EDWARDS CINEMA Hodsor Blvd./Adams Ave. 546- 3102 Captain Ron (PG-13) 5:45, 8, 10 HARBOR TWIN CINEMAS Harbor Blvd/E. Wilson Street 631-3501 I. Sister Act (PG) 8 Death Becomes Her (PG-13) 6,10 2. Single Whittle Female (R) 7, 9:15 MESA CINEMA Newport Bvd./19lh St. 646-5025 A Strange Among Us (PG.13) 5:50, 10.30 Twin Peaks IR) 8 TRIANGLE SQUARE l91h St./Horbor Blvd. 574-7755 1. Honeymoon In Vegas (PG-13) 2, 4:15, 6:15, 8-30, 10:30 2. Husbands and Wives (it) 12:45, 3, 5.15, 7:30, 9:45 3. No moon In Vegas (PG-13) 1:15, 3:15, 5:15. 7: s�6f 9:30 4. Hu ands -and Wives (R) 1:30, 3:45, 6, 8:15, 10:15 5. Singles (PG-13)2:30, 4:45, 7, 9:15 . 6. Sneakers (PG-13) 2, 4:30, 7, 9:30 7. Sneakers (PG-13)12:30, 3, 5:30, 8, 10:20 8. Unlorglven (it) 3, 6, 9 TOWN CENTER CINEMAS South Coos) Plato 751. 4184 1 Honeymoon In Vegas (PG-13) 6:15, 8:30, 10:30 2. Husbands and Wives (R) 4:45, 7, 9:15 3. Singles (PG-13) 5:45, 8, 10:15 4. The Tune (N/R) 5:30, 7:30, 9:30 SOUTH COAST PLAZA Bdsbl/$unflower 546-2711 1. Captain Ron (PG-I3) 5:15, 7:30, 9:45 2. Wind (PG13) 4:30, 7, 9:30 3. Sneakers (PG.13) 5:30, 8, 10:20, SOUTH COAST VILLAGE Sunfl., a1 %mlol 540- 0594 T. Light Sleeper (R) 4:45, 7, 9:15 , 2. A Brief History of Time (N/R) 5:30, 7:30, 9:30 3. Enchanted April (PG) 6, 8, 10 ' IPtnne THE UNIVERSITY CINEMA 4245 Campus Drive 854. 8811 1. School Ties (PG.13) 5:45, 8:15, 10:30 2. Where the Day Takes You (R) 7:15 Crossing the Bridge (R) 5:T5, 9:15 3. Wind (PG-13) 5:30, 8, 10:20 4. Enchanted April (R) 5, 7, 9 - 5. Singles (PG13) 5:15, 7:30, 9:45 - 6. Hellraiser 3 (R) 6:30, 8:30, 10:20 WOODBRIDGE CINEMAS Bonanco Parkway/Culver Drive 551,0655 - 1. Sneakers (PG13) 4:30, 7, 9:30 2. A League oUTheir Own (PG13) 5:45, 10:05 Sister Ad (PG18:15 3. Single.Whlte Female (R) 5, 7:15, 9:30 4. Honeymoon In Vegas (PG.13) 5:30, 7:30, 9:30 5. Captain Ron (PG.13) 5:45, 8, 10 Daily Pilot columnist Fred Martinis temporarily out of commis- sion following shoulder Fired surgery. He MaPtin, is expected to return to On the work within coast three weeks. - Send your items to Bob van Eyken, The Daily Pilot, 330 W. Bay St., Costa Mesa, 92627. Today Bridge classes— Classes in beginning and intermediate bridge will be offered at the West Newport Community Center beginning Sept. 18. For information, call 644-3240. Historic watches — An exhibit of historic Rolex watches will be on display Sept. 18 and 19 at Charles H. Barr Jewelers, 1803 Westcliff Drive in Newport Beach. Estate planning — A free seminar entitled "What You Must Know About Estate Planning" will be offered at 10 a.m. Sept. 18 at the Costa Mesa Senior Center, 695 W. 19th St. Seating is limited, so call 645-2356 for a reservation. Political speaker — Susan Estrich, professor of law and political science at USC and former campaign manager for Democratic presidential candidate Michael Dukakis, will be the guest speaker at the Jewish Federation of Orange County's Trendsetters luncheon Sept. 18 at Le Meridien Hotel in Newport Beach. For information, call Debbie Stein at 259-0655. Taste of Newport — The annual three-day Taste of Newport kicks off Sept. 18 - Sept. 20 for all Orange County food lovers. Call 548-4942 for more information. The truth about funeral prices m the greater South Coast area. At Harbor Lawn, people are important. We believe that, every family deserves a personalized final tribute. Here, only the family selects the type of service they want and the price to be paid. Burial space for two .............. $910 We will provide for direct cremation, 0 5 including mortuary care from .................................. 4 Or choose from other type of services from........... $985 Gaskets priced from ................................................... $ 285 C� jIT r - INTO - Harbor Lawn - Mount Olive Mortuary & Memorial Park 540,5554 Servicing all faiths To Under new ownership 24 Hour Services • 1625 Gisler Avenue • Costa Mesa (Call for a free brochure regarding Cremation &rite Celebration of Life) GARYS INTERNATIONAL Fashion Island • 1065 Newport Center Drive • Newport Beach • 714.759.1622 Saturday, Sept. 19 Rummage sale — oasis Senior Center will host a gigantic rummage sale from 9 a.m. to 2 p.m. Sept. 19 and 9 a.m. to noon Sept. 20 at 5th and Narcissus avenues in Corona del Mar. For information, call 644-3244. Military widows —'The Society of Military Widows, a support and information group for widows of all service personnel will hold a general meeting Sept. 19 at Western Federal Savings, 4 Corporate Plaza in Newport Beach, followed by lunch at Coco's restaurant in Fashion Island. The meeting starts at 10 a.m. For more information, call 835-5334. Estuary clean-up — Volunteers will gather at 8 a.m. Sept. 19 at Newport Dunes to begin the fourth annual Newport SeaFest Estuary Day trash clean-up in the back bay. Last year, 1,000 volunteers collected more than 36,000 lbs. of trash and 6,000 lbs. of recyclable materials. For more information, call the Newport Harbor Area Chamber of Commerce at 729-4400. Kite festival — Join the high flying fun at Balboa Park on the Peninsula from 10 a.m,. to 4 p.m. on Sept. 19 and Sept. 20. The festival will include demonstrations, some free gifts, and a kite flying competition for all ages. This event is open to the public. Electric boat race — Competitors are invited to participate in a race that kicks off from the Balboa Bay Club on Sept. 19 from 1 to 4 p.m. For more information, call Ralph Rodheim at 673-7200. Pier swim — Swimmers of all ages are invited to compete in the annual SeaFest pier swim on Sept. 19 from 10 a.m, to 12 p.m. Swimmers will compete for trophies in age categories. Call Jim Turner for more information at 644-3044. Race for the Cure — A sign-up and information booth will be set up 10 a.m. to 6 p.m. Sept. 19 and 20 in the Neiman Marcus and Broadway courtyard for the upcoming Race for the Cure to benefit the Susan G. Komen Breast Cancer Foundation. The 5-k fun run and 1-mile walk will be held Sept, 27. For information, call 752-5942. WrAlovilik Join a friend for "The Best Margaritas in Orange County!" and take advantage of our new September Specials! ► Mondays 10, Wednesdays Enjoy Monday Night Football Family Night 5100 Children's Menu with 111 drafts & FREE Hot Dogs! 5:00-9:00pm. Also 5140 domestic be Taco Tuesdays beers from 6:00pm S100 tacos from 6:00pm for dine in ►ihurSdpys customers. Me loan Beers 1210 all night from 6:00am Check our live entertainment schedule in Thursday's Daily Pilot. Charles H. Barr Jewelers presents the Rolex Historic Timepiece Exhibition R LO EX ftndYour C1#:iCd%9feX-. 9e'we(zrCordiauy InviteyouTo gfistcrricTiwpiece Exhibition 1926 Rolex Oyster Friday, September .18, 10 a.m. to 6 p.m. Saturday, September 19, 10 a.m. to 5 p.m. Come and view historic Rolex timepieces that have been marking significant achievements in science, exploration, and human endeavor since 1904. Included in this fascinating exhibit are the 1926 Rolex Oyster acclaimed as the world's first waterproof wristwatch., Mt. Everest conqueror Sir Edmund Hillary's Explorer, General Chuck Yeager's GMT -Master, and the Rolex that survived a record 35,768 foot descent into the Pacific Ocean, A brief video presentation and a step-by-step display of the progressive stages required to make a Rolex Oyster case are also featured. The Rolex Historic Timepiece Exhibition — your opportunity to experience first-hand the quality, dependability, and design that is Rolex. q ROLEX CHARLES H. BARR 1803 Westcliff Dr., Newport Beach 9 (714) 642-3310 A DECLARATION OF ELAINE UDA IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION I, ELAINE UDA, declare as follows: 1. I am employed by the City of Newport Beach as a Code Enforcement Officer. I have been employed in my present position since July, 1989. My job duties include the inspection and follow-up of conditions of approval for use permits issued and approved by the City of Newport Beach. I have personal knowledge of the matters stated herein, and if called as a witness, I could testify competently thereto. 2. I have reasonable and good faith belief that violations of Use Permit No. 3321 and Use Permit No. 3321 (Amended) exist, and will continue to exist, at the property located at 2906 West Coast Highway, Newport Beach, California (hereinafter "the property"). 3. On the following dates I personally observed the following conditions at the property: A. On March 6, 1990 I met with Nancy Clark at the subject property. I reviewed specific conditions of Use Permit No. 3321 and of Use Permit No. 3321 (Amended) and together we went through these conditions step by step. I, also, reminded Ms. Clark that they may not use an outdoor paging system, and that their time had expired allowing them to do any further outdoor installations. We, also, did a general review of conditions of approval which remain unsatisfied. B. On April 11, 1990 after reviewing the use permit with Rich Edmonton, City Traffic Engineer, I waited at the subject property for approximately 28 minutes for Ms. Clark to attend our scheduled meeting to again review the previously reviewed Declaration - Page 2 conditions of approval of her subject use permits. Ms. Clark failed to attend our meeting. C. On April 19, 1990 I again met with Ms. Clark at the subject property at which time we allocated 30 days for the Clarks to show some progress with regard to the conditions of approval of their use permits. I again reminded Ms. Clark at that time that failure to show substantial progress would result with this matter being referred to the Office of the City Attorney for appropriate action. D. On June 5, 1990 I again met with Ms. Clark at the subject property. The only progress that had been made at that time was the resurfacing and restriping of only 10 parking spaces, where a minimum of 14 parking spaces is required by the use permit. Ms. Clark showed no interest in making any effort towards satisfying the remaining conditions of approval of the use permits. E. On June 13, 1990 this matter was referred to the Office of the City Attorney for appropriate action as promised. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this ,5'7� day of January, 1991, at Newport Beach, California. 01 ELAINE UDA Code Enforcement Officer Date DECLARATION OF JAMES M. SINASEK I, JAMES M. SINASEK, declare as follows: 1. I am the Code Enforcement Supervisor for the City of Newport- Beach and I have held this position for the entire period relevant to this declaration. I have personal knowledge of the laws and regulations of the City of Newport Beach with respect to the Zoning Code of the City of Newport Beach. I have been duly authorized to inspect and enforce the provision of the Newport Beach Municipal Code for the City of Newport Beach. 2. On September 17, 19911 observed;tliat=. A. "No parking" signs have not been installed in-&drivewaralongyside the front building to the property. B. A considerable amount of scrap wiring was lying on the ground in the parking area where installations are occurring. C. A speaker has been installed in a window of the rear building which appears to be utilized as a paging speaker with exterior sound amplification. D. The required parking area in the rear of the lot was not accessible for parking due to the accumulation of other vehicle06ck frame,,4aash container and dismantled automobiles. E. The trash bin at the rear of the property was visible from the public street. 3. On September 19, 19911 observed the following: A. A dark blue van was in the process of being serviced, UartiallV within the front building. B. The required parking at the rear of the property was not available for the parking of vehicles due to an excessive accumulation of vehicles, a truck frame ^trash dumpster and � dismantled automobileS, C. Later on the same day, autos were observed stacked in the driveway and in various stages of being serviced, on the exterior. F:\wp51\planning\carolyn\JS\Declar-9.91 � � J 4. On September 25, 1991 the property was visited, 35mm pictures were taken, processed and are attached to this report. The investigation on that date revealed that: A. Various vehicles,ktruck frame, auto body parts, auto body frames, and a trash dumpster were visible at the rear of the property. B. The speaker was still installed in the window of the rear structure which appears to be installed for the benefit of outdoor sound amplification. C. A black Porsche was observed parked partially within the front building and appeared to be in some stage of servicing. D. Additional scrap wiring was observed in the parking area between the two structures, which area is to be utilized only for the parking of customer vehicles. E. "No parking" signs were not installed on the side of the front building prohibiting parking in the drive approach to the rear parking area. 5. On September 26,1991 along with Elaine Brahler, the following vehicles were observed at the rear along the driveway of the subject property. A white van (CA LIC NO. 1P65878), a blue Pontiac (CA LIC NO. 2FXG610), a blue Honda (CA LIC NO. 2VRT607), a black 240 SX Nisson (CA LIC NO. 2NYF680), a black Mercedes (CA LIC NO. 1PSJ130), and in the driveway a Country City Towing Truck (534-3700). Also, observed on this date: A. Most of the debris at the rear of the structure had been cleaned up. B. The trash dumpster had been relocated from public view. C. Various body parts and frames had been eliminated. D. Employees were sweeping up the rear parking area. E. No vehicles were observed in the process of any type of installation on the exterior of the buildings. 6. On September 27, 1991 the following was observed: A. A red Chevy Suburban was parked at the rear of the front structure, partially within that structure in some stage of being serviced. F:\wp51\planning\carolyn\JS\Declar-9.91 7. On October 1, 1991 the following was observed: A. A silver Corvette was parked partially within the rear of the front structure with its rear trunk elevated and apparently in some stage of being serviced. 8. My investigations of the subject property lead me to conclude that there are current and continuing violations occurring of Use Permit No. 3321 (Amended) and approved by the Planning Commission of the City of Newport Beach on January 4, 1990. 9. It is my opinion as a Newport Beach Code Enforcement Supervisor, that there is a substantial threat to the Community's health and welfare. 10. I have personal knowledge of the foregoing facts and could and would confidently testify to these facts if called upon as a witness. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EXECUTED on this at Newport Beach, California. James M. Sinasek F:\wp51\planning\carolyn\JS\Declar-9.91 Planning Commission Meeting January 4, 1990 Agenda Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 3321 (Amended) (Public Hearing� Request to amend a previously approved use permit which permitted the establishment of a retail sales facility specializing yin the°sales and installation of automotive electronics and accessories. Tfie proposed amendment involves a request to amend certain condiAons of the original use permit regarding the number and location of, off-street parking and to permit additional service bays on the propeirty. LOCATION: A portion of Lot F, Tract No. 919, located at 2906 West Coast Highway, on the northerly side of West Coast Highway, between North Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP-5 APPLICANTS: Nancy and Robert Clark OWNER: Robert Brandy, Pauma Valley Application This application involves a request to amend a previously approved use permit which permitted the establishment of a retail sales facility specializing in the sales and installation of automotive electronics and accessories. The proposed amendment involves a request to amend certain conditions of the original use permit regarding the number and location of off-street parking and to permit additional service bays on the property. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. At its meeting of August 18, 1988, the Planning Commission approved Use Permit No. 3321 with the findings and subject to the conditions of approval as indicated in the attached excerpt of the Planning Commission minutes dated August 18, 1989. Subsequent to the approval of said application, staff became aware that the commercial use was open for business without complying with several conditions of approval of said use permit. The Assistant Code Enforcement Officer informed the applicants that all conditions of TO: Planning Commission - 2. approval must be met by December 8, 1988. Since no action was taken to resolve the problem, the matter was referred to the City Attorney's Office. After several months of attempting to work with the applicants, only a few of the conditions of approval of Use Permit No. 3321 were met. At its meeting of June 22, 1989, the Planning Commission voted unanimously to review Use Permit No. 3321 so as to consider recommending to the City Council its revocation due to noncompliance with the following conditions of approval: 1. That the proposed project shall be in substantial conformance with the approved site plan and floor plans, except as noted below. 2. That the on -site vehicular and pedestrian circulation system be subject to further review and approval by the City Traffic Engineer. Said parking areas shall be appropriately striped in accordance with the approved parking plan. 4. That the doors to the installation bays in the front and rear buildings shall be designed in a manner so as to provide acceptable on -site circulation. The design of said doors shall be subject to the approval of the City Traffic Engineer. 5. That a minimum of 13 parking spaces shall be provided on -site except that when West Coast Highway is widened only 12 on -site parking spaces shall be required. 6. That all installation, window tinting and auto detailing activities shall be conducted within a building, The alarm systems shall not be sounded in the installation bay unless a mute device is installed in each case. That all stereo music shall be confined to the interior of the building. 12. That the applicant shall install a system of containerized landscaping along the building frontage adjacent to West Coast Highway. Said landscaping shall be subject to the approval of the Planning Department and shall be installed prior to the implementation of the use permit. 13. That one handicapped parking space shall be designated within the on -site parking area and shall be used solely for handicapped self parking. Said parking space shall be accessible to the handicapped at all times and shall be identified with a handicapped sign on a post. 14. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of building permits and the implementation of this use permit. TO: Planning Commission - 3. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. 17. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements. 18. That a 6 foot wide sidewalk and drive apron be constructed and the existing utility box raised to grade along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transportation within 120 days of approval of the subject use permit unless otherwise approved by the Public Works Department. Said hearing was scheduled for August 10, 1989, which was subsequently continued to October 5, 1989, so as to allow the applicants additional time to prepare plans for a building addition which would allow for a more acceptable on -site parking design. However, the applicants failed to submit the new plans in sufficient time to allow staff to review the proposed changes to the project. As a result, the Planning Commission voted to recommend that the City Council revoke Use Permit No. 3321. Said action was taken with the findings set forth in the attached excerpt of the Planning Commission minutes dated October 5, 1989. At its meetings of November 13, 1989, the City Council considered the Planning Commission's recommendation to revoke Use Permit No. 3321. At that time, the City Council voted to continue the matter to its meeting of November 27, 1989, so as to allow additional time for staff to meet with the applicants, determine appropriate restrictions on the business, and prepare an agreement that would allow the Council to revoke the use permit in the event of noncompliance with the restrictions. Said restrictions are set forth in the attached letter agreement signed by Nancy Clark. In accordance with paragraph "H" of said agreement, Newport Sound Waves was required to submit an application to amend Use Permit No. 3321 on or before December 8, 1989, and, upon approval, diligently pursue compliance with all conditions imposed by the Planning Commission on review or appeal. The application in question has been filed by the applicants so as to comply with the above requirement. It should also be noted that since the Planning Commission's review of the original application, the applicant has complied with Conditions No. 12, 16, 17, and 18. The applicants are seeking to amend Condition No. 5 in conjunction with the subject application, and they are waiting for the outcome of this application before implementing Conditions 1, 2, 3, 4, 5, 13, and 14. With regard to Condition No. 6 which requires that all installation activities be done in a building, the City Council agreed to allow the applicant to temporarily use outdoor areas between the two buildings and at the rear of the back building for installation activities. In conjunction with the original approval of Use Permit No. 3321, the subject business included the sale and installation of automobile accessories in the existing 1,408± square TO: Planning Commission - 4, foot commercial building located on the front of the property. Said approval also included the conversion of a two story residential building located at the rear of the property so as to use the 630t square foot ground floor area for auto detailing and window tinting and the ,667± square foot second floor area for related offices and storage. Based on the proposed uses of the two buildings which contain a total of 2,705± square feet, the total parking requirement based on one parking space for each 250 square feet was 11 spaces (2,705± sq.ft.+ 250 sgft.= 10.82 or 11 spaces). The original parking design submitted by the applicants was unacceptable to the City Traffic Engineer. Therefore, staff worked with the applicants to develop a parking plan that provided 12 parking spaces (excluding the parking space within the future widening area of West Coast Highway), A parking plan that was acceptable to the applicants and the City Traffic Engineer was developed and approved by the Planning Commission. A copy of the current, approved parking plan is attached for the Planning Commission's information. Analysis As indicated previously, the applicant is proposing to amend the number and location of the off-street parking spaces required for the subject business as well as proposing to add three additional installation bays. Two of the new bays will be located at the rear of the front building where only one installation bay currently exists. Said addition will consist of 456± square feet of floor area. The third installation bay will be located on the ground floor of the rear building where only one bay currently exists and will involve a 48± square foot addition to said building. It should be noted that the subject business is no longer involved in auto detailing and window tinting which were the activities previously conducted on the ground floor of the rear building. Therefore, there will be a total of five installation bays used in conjunction with the installation of electronic accessories for automobiles. Said accessories include automobile security and alarm systems, car phones and stereo sound systems. Required Off -Street Parking As indicated in the previous Background Section, the parking requirement established in conjunction with the approval of the original Use Permit No, 3321 was based on the standard commercial parking formula of one parking space for each 250 square feet of floor area. In calculating the parking requirement, staff used the total floor area of both buildings and made no distinction between areas used for retail sales, offices and storage from floor area used for installation activities. As mentioned previously, said calculation resulted in a parking requirement of 11 parking spaces. However, in the process of reevaluating the subject application, it is staffs opinion that inasmuch as the installation activities are merely supportive of the retail sales activities, the installation bays should not be included in the parking calculation. Based on this criteria, the total floor area used in calculating the off-street parking requirement would be 2,077± square feet which includes all of the retail area, display areas and storage areas in the front TO: Planning Commission - 5. building (1,408± square feet') and all of the second floor of the rear building which is used for related offices and storage (667± square feet). Based on this square footage, a total of 9 parking spaces would be required (2,075± sq.ft. _ 250 sq.ft. = 8.3 or 9 spaces). Although the above parking calculation seems reasonable, it should also be noted that the applicants have indicated that there will a total of 8 employees on the premises during peak hours of operation. Therefore, it would seem in this particular case that 9 parking spaces would not be adequate inasmuch as only one parking space would be available for customers and it is assumed that said parking space would be the handicapped space inasmuch as there are no handicapped persons employed by the applicants. As provided on the attached site plan submitted by the applicants, 13 parking spaces are proposed. However, 5 of the parking spaces shown are also to be used as installation bays which will not be available for customer or employee parking. Therefore, said plan provides only. 8 parking spaces, one of which will be for handicapped parking. Such a parking proposal would be 1 space short of meeting the employee parking demand and there would be no parking for customers. In an effort to provide additional parking on -site, staff has suggested that two additional parking spaces could be provided in the rear parking area by using a tandem configuration as shown on the attached alternative parking plan. Such a proposal would require that the handicapped parking space be moved so as to occupy one of the two parallel spaces within the driveway. Two additional parking spaces could also be provided in the area between the two buildings provided the area was fully paved. Therefore, the alternative parking plan would provide 8 employee parking spaces and 4 customer parking spaces, one of which would be for handicapped parking. It should also be noted that the parking spaces located in front of the building are within the future widening area of West Coast Highway and will be removed at such time as the highway is widened, thereby leaving only 3 parking spaces for customer parking. Notwithstanding the design changes to the proposed parking, staff is concerned that the amount of on -site parking provided will be insufficient to meet the parking demand of the proposed use. ,,5pecific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be 'The Site Plan submitted by the applicants shows only the square footage of the retail sales area containing 1,154 square feet. TO: Planning Commission - 6. detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish findings and conditions of approval se Should the Planning Commission wish the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By W. William Ward Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map to approve Use Permit No. 3321 (Amended), the t forth in the attached Exhibit "A" are suggested. to deny this application; the findings set forth in Excerpt of the Planning Commission minutes dated August 18, 1988 and October 5, 1989 Excerpts of the City Council minutes dated November 13, 1989 and November 27, 1989 Current Approved Parking Plan Letter Agreement Site Plan submitted by applicant Alternative parking plan F:\WP50\BHJ, W\UP\UP3321A.2 TO: Planning Commission - 7. EXHIBIT "A' FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3321 (AMENDED) January 4, 1990 Findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed project. 3. The approval of Use Permit No. 3321 with suggested tandem parking for employees will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed project shall be in substantial conformance with the approved alternative site plan approved by the Planning Commission at its January 4,' 1990 meeting, except as noted below. 2. That the on -site vehicular and pedestrian circulation system be subject to further review and approval by the City Traffic Engineer. Said parking areas shall be fully paved and appropriately striped in accordance with the approved parking plan. 3. That all previous applicable conditions of approval for Use Permit No. 3321 shall be fulfilled. 4. That a minimum of 12 parking spaces shall be provided on - site for employee and customer parking except that when West Coast Highway is widened only 11 on -site parking spaces shall be required for such purposes. Installation bays shall not be included in the provision of required on -site parking. ., TO: Planning Commission - 8. 5. That all installation building. The alarm installation bay unless That all stereo music building. activities shall be conducted within a systems shall not be sounded in the a mute device is installed in each case. shall be confined to the interior of the 6. That one handicapped parking space 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. 7. That no auto detailing or window tinting activities shall be permitted on -site, unless an amended use permit is approved by the Planning Commission. 8. That the applicants shall obtain the approval of the Coastal Commission prior to the issuance of building permits and the implementation of this use permit. 9. 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. 10. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80,090A of the Newport Beach Municipal Code. V TO: Planning Commission - 9. EXHIBIT "B' FINDINGS FOR DENIAL OF USE PERMIT NO. 3321 (AMENDED) 1. That the proposed establishment of three additional installation bays would represent an intensification of use which will increase the demand for on -site parking. 2. That the on -site parking proposed by the applicants is inadequate to meet the employee and customer parking demand for the use. 3. The approval of Use Permit No. 3321 (Amended) will, 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. ylelAll r7,o 144p $ clrrr prove .,s. SA j• 44 Pt A •5 rt-r F5, If � -0 pN ..,.oti •.4. "" ,. y.s • P / 5 fib 2 in.s y 0 ! r ] r 6aeh 14 MAA• Mf. G 'fF FEET SfE MAr NO, r DISTRICTING MAP EWPORT BEACH — CALIFORN AGRICULTURAL RESIDENTIAL R"'A MULTIPLE RESIDENTIAL SINGLE FAMILY RESIDENTIAL C-1 LIONT COMMERCIAL DUPLEX RESIDENTIAL C-2 GENERAL COMMERCIAL RESTIL MULTIPLE RAWLY RESIDENMAL M-1 MANUFACTURING n COMBINING DISTRICTS UNCLASSIFIED t CAD NO, ass DEC. ", ISSO COMMISSIONERS MINUTES i Ate;i^ �NO�B August 18, 1988 yma yN yy� ryv,� 9yy�y<< o CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No 3321 (Public Hearing) Item N0.2 Request to permit the establishment of a retail sales UP3321 facility specializing in the sale and installation of automobile accessories and auto detailing on property Approved located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. LOCATION: A portion of Lot F, Tract No. 919, located at 2906 West Coast Highway, on the northerly side of West Coast Highway, between North Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP-5 APPLICANTS: Nancy & Robert Clark OWNER: Robert Brandy, Pauma Valley The public hearing was opened in connection with this item, and Mrs. Nancy Clark, applicant, appeared before the Planning Commission. Mrs. Clark stated that she concurred with the findings and conditions in Exhibit "A" with the following exceptions. In reference to Condition No. 12 requesting containerized landscaping, Mrs. Clark stated that the applicants have invested in property improvements and that the property owner would benefit more by said improvements. Chairman Person pointed out that everyone benefits from landscaped improvements. In reference Mrs. Clark's concern regarding Condition No. 10 requesting a 16 foot 6 inch wide dedication on West Coast Highway, Chairman Pers6n explained that the condition only applies to the applicant's leasehold interest. In reference to Mrs. Clark's request for an explanation of Condition No. 21,."that the use permit shall expire unless exercised within 24 months..", Chairman Pers6n explained that the applicant must comply with the conditions of the use permit within 24 months from the date of approval. Discussion ensued between Mrs. Clark and Mr. Hewicker regarding the restriction of outdoor speaker systems. Discussion ensued between Mrs. Clark and Commissioner Merrill regarding the three permitted business signs that are currently located on the site. In reference to Condition No. 6 regarding automobile -3- COMMISSIONERS MINUTES 1. August 18, 1988 CITY OF NEWPORT BEACH INDEX ROLL CALL detailing, Commissioner Merrill stated that auto detailing is only permitted indoors. In reference to Condition No. 15, Mr. Hewicker explained that the automobile Wash area must consist of a curb, roof and wall so the wash water does not enter into the sewer system. Discussion ensued between Mrs. Clark and Commissioner Pomeroy regarding automobile window tinting, and Mrs. Clark stated that the customers are required to sign a disclaimer stating that it is illegal to tint Automobile windows to a specific degree of intensity. Commissioner Pomeroy commented that he has a fundamental problem that the City would allow illegal window tinting. In response to a question posed by Commissioner Di Sano, Mrs. Clark replied that the applicants do not intend to market tires and rims as accessory items, inasmuch as they do not have an appropriate parking area for installation purposes. 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 Merrill regarding Condition No. 2, the approved parking plan, Mr. Hewicker replied that the circulation system is subject to review and approval by the City Traffic Engineer. In response to a question posed by Commissioner Merrill regarding a parking plan to depict the canvas covered area outside for the automobile wash, William Ward, Senior Planner, replied that the applicant indicated that the automobile detailing would be on the ground floor portion of the rear building and that the tented area would not be used for detailing. Commissioner Merrill suggested that the operating hours be restricted so as to curtail the noise from sound producing activities. Motion * Motion was made to approve Use Permit No. 3321 subject All Ayes to the findings and conditions in Exhibit "A" including the addition of Condition No. 22 to state; "That the operating hours of sound producing activities, such as auto detailing and installation, shall be limited to between 7 a.m. to 7 p.m." Motion voted on, MOTION CARRIED. Findings: .4- ,r COMMISSIONERS ` MINUTES � .6 A�^yt^ OPO�d August 18, 1988 CITY OF NEWPORT BEACH INDEX ROLL CALL 1. That the proposed use is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed project. 3. The Police Department has indicated that it does not contemplate any problems from the proposed operation. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. The approval of Use Permit No. 3321 will not, under 'detrimental the circumstances of this case, beto the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed project shall be in substantial conformance with the approved site plan and floor plans, except as noted below. 2. That the on -site vehicular and pedestrian circulation system be subject to further review and approval by the City Traffic Engineer. Said parking areas shall be appropriately striped in accordance with the approved parking plan. 3. That all employees shall be required to park their vehicles on -site. } 4. / That the doors to the installation bays in the front and rear buildings shall be designed in a on -site manner so as to -provide acceptable circulation. The design of said doors shall be -5- �3 COMMISSIONERS MINUTES ZG "p"p N9G.y August 18, 1988 �y `may CITY OF NEWPORT BEACH ROLL CALL INDEX subject to the approval of the City Traffic Engineer. That a minimum of 13 parking spaces shall be provided on -site except that when West Coast Highway is widened only 12 on -site parking spaces shall be required. That all installation, window tinting and auto detailing activities shall be conducted within a building. The alarm systems shall not be sounded in the installation bay unless a mute device is installed in each case. That all stereo music shall be confined to the interior of the building. 7. That the display of all products for sale shall be located within a building. 8, That the offices located on the second floor of the rear building shall be used for related offices of the subject project and shall not be leased or rented to a separate tenant. 9. That all signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code unless an exception permit is approved by the City. Said signs shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 10. That prior to the issuance of any building permits or implementation of the use permit, the lessee shall dedicate to the City for street and highway purposes, the lessee's interest in a 16 ft.-6 in.± wide parcel adjacent to West Coast Highway. 11. That no outdoor sound system or paging device shall be utilized on -site. V 12. That the applicant shall install a system of containerized landscaping along the building frontage adjacent to West Coast Highway. Said landscaping shall be subject to the approval of the Planning Department and shall be installed prior to the implementation of the use permit, 13. That one handicapped parking space shall be designated within the on -site parking area and shall be used solely for handicapped self parking. -6- %y ��COMMISSIONERS r MINUTES ROLL CALL ` August 18, 1988 CITY OF NEWPORT . BEACH COMMISSIONERS MINUTES August 18, 1988 s `y�` CITY OF NEWPORT BEACH INDEX ROLL CALL activities such as auto detailing and installations shall be limited to 7 a.m. to 7 p.m. weekdays and Saturdays. Item No.3 end a previously approved use permit which permitted UP3104A t construction of a multi -use aquatic center in the Un assified District. The proposed amendment involves Approved a r uest to revise the location of the previously appro d launching dock within the project and the accepts a of an environmental document. LOCATION: A portion of Lot 165, Irvine's Subdivision, located at 420 North Star Lane on the northerly side of North Star ane, easterly of White Cliffs Drive, in stclif£. ZONE: Unc ssified APPLICANTS: City Newport Beach and the Newport Beach A atic Center, Newport Beach OWNER: City of Ne ort Beach and the County of Orange The public hearing was opene in connection with this item, and Curt Fleming, Preside t of the Newport Aquatic Center, and Bruce Ibbetson, m ber of the Board of Directors, appeared before the P1 ning Commission. In response to a question posed by airman Pers6n, Mr. Fleming replied that the applican concur with the findings and conditions in Exhibit " " Mr. Ibbetson described the ramp and the dock areas. Mr. Ibbetson and Chairman Pers6n discussed he ramp that would service the dock. In response to que Lions posed by Mr. Ibbetson regarding Conditions No. 6 nd No. 7, Chairman Pers6n stated that said conditions W ld apply only during the construction phase of the proj t. In reference to Condition No. 12 regarding the loca on of the dock basin, Mr. Ibbetson explained that inte sted officials will be onsite during construction to be certain that necessary adjustments have been me Commissioner Pomeroy suggested that Condition No. 12 b amended to state "That based on preliminary plans that 4- I� COMMISSIONERS f October S, 1989 MINUTES CITY OF NEWPORT BEACH 1NOEX ROLL CALL Use Permit No. 3321 (Revocation)(ro„r;n„Pri Public Hearin Item No.4 Request to consider recommending the revocation of Use Permit UP3321 No. 3321, Newport Sound Waves, that specializes in the sale and for failure to comply with Recommend. installation of automobile accessories, to consider adding or modifying Revoca- tion specific conditions of approval or conditions of approval to said use permit. LOCATION: A portion of Lot F, Tract No. 919, located the at 2906 West Coast Highway, on northerly side of West Coast Highway, between North Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP-5 APPLICANTS: Nancy and Robert Clark OWNER: Robert Brandy, Pauma Valley James Hewicker, Planning Director, stated that on this date prior applicant submitted revised to the subject public hearing, the and a letter from the applicants' attorney regarding the plans subject item. Mr. Hewicker admonished the applicants for their their lack of delay in responding to staffs appeals and staff. Mr. Hewicker advised the Planning cooperation with commission that if so as to resolve the assurance that the applicants will cooperate matter. Commissioner Pers6n pointed out that the Planning Commission is not required to consider material submitted to the Commission that material within 24 hours of the public hearing, and ,the to the Commission just prior to the subject public submitted hearing arrived too late. Commissioner Pers6n stated that he the hearing. would not support a continuance of public Commissioner Edwards agreed with the foregoing statement. Commissioner Pers6n referred to a letter dated October 19, 1988, 60 days after the Planning Commission approved the subject were not allowed to open for item, stating that the applicants -12- COMMISSIONERS W N CITY OF NEWPORT BEACH ROLL CALL INDEX business until after all of the conditions of approval were in compliance. Mrs. Nancy Clark, owner of Newport Sound Waves, appeared before the Planning Commission. Mrs. Clark requested a continuance of the item to October 19, 1989, to allow the Planning Commission additional time to review the submitted revised plans. She explained that the parking plans have become a problem inasmuch as the applicants have a desire to expand the business, and the plans previously submitted were not approved by staff. In response to a question posed by Acting Chairman Debay regarding the applicants not returning telephone calls, Mrs. Clark explained that she received one telephone message too late to return on Friday from Mr. Ward, Senior Planner. She explained that she is not always available at the business and does not receive messages from the employees. In response to questions posed by Commissioner Di Sano regarding the letters to the applicants from staff stating that the applicants have not complied with the conditions of approval, Mrs. Clark explained that estimates have been received regarding the driveway and the property owner has agreed to pay for one- half of the expense. She stated that inasmuch as the parking plan was not approved, the applicants could not stripe the parking area; however, the paint and signs have been purchased. Commissioner Edwards addressed the number of conditions that the applicants have not complied with, not implemented or maintained. Mr. Hewicker stated that as a result of the problems that the applicants have had in submitting the new plans, the applicants propose to request that the Planning Commission amend some of the conditions previously imposed. Mt. Hewicker stated that the applicants are not in compliance with 11 conditions, and the reason is that the applicants are attempting to find alternatives. Commissioner Pers6n stated that at the August 18, 1988 Planning Commission meeting, the applicant, Mrs. Clark, was present, and agreed with Use Permit No. 3321, findings and conditions. Commissioner Pers6n asked Mrs. Clark if she received the notice -13. COMMISSIONERS l October 5, 1989 MINUTES ROLL CALL CITY OF NEWPORT BEACH from the City dated October 18, 1988, stating that the applicant could not implement the use permit until the conditions have been complied with, and Mrs. Clark agreed that she had received the letter. Commissioner Pers6n stated that one condition that was not implemented was that the applicant shall apply for and obtain a Coastal Development Permit prior to occupancy and authorization of the use permit, and Mrs. Clark agreed to said condition. Commissioner Pers6n stated that one year and 14 days after the August 18, 1988, Planning Commission meeting, on September 2, 1989, the applicants applied for a Coastal Development Permit, and he asked if the applicants had the Permit now. Mrs. Clark replied "no", that the applicants had submitted the application twice and twice it had been returned because it was incomplete. Commissioner Pers6n stated that during the past 12 months the City advised the applicants that they were violating Condition No. 6, installing, window tinting and auto detailing outside of the building. Mrs. Clark replied that they are no longer window tinting or auto detailing; however, occasionally quick stereo installations have been done outside. Commissioner Pers6n commented that maybe the size of the facility is not adequate. Mrs. Clark agreed. In response to Commissioner Pers61fs statement regarding the applicant's submission of documents, Robin Flory, Assistant City Attorney, explained that the Planning Commission may continue the public hearing to consider the submitted documents; however, the Planning Commission is not required to consider the documents. Commissioner Pers6n asked Mrs. Clark if the applicants submitted a circulation plan. Mrs. Clark affirmatively replied that the plan submitted prior to the subject public hearing was an on -site vehicular and pedestrian circulation parking plan. In response to questions posed by Commissioner Pers6n, Mrs. Clark stated that she read the subject staff report, that she recognized the letters that the City sent to the applicants, and that she has had meetings with staff during the past 12 months. Mr. Cameron Quinn, attorney for the applicants, appeared before the Planning Commission. Mr. Quinn explained that the documents that were submitted to the Planning Commission prior to the subject public hearing was for the purpose of informing -14- INDEX M CbMMISSIONERS `■ ES October 5, 1989 MINt1 1 CITY OF NEWPORT BEACH ROLL CALL INDEX the Commission what has been accomplished. Mr. Quinn requested consideration of the revised plans, and the request to continue the item to the October 19, 1989, Planning Commission meeting. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to recommend to the City Council that Use Motion * Permit No. 3321 be revoked. Commissioner Pers6n referred to the constant number of letters and contacts made by staff, the continued failure of the applicants to communicate with the staff to abide by the conditions of approval, and not to show any the day of the public hearing. Commissioner interest until Pers6n rebuked businesses that refuse to abide by the conditions of approval that have been set forth by the Planning Commission, and that are reasonable requests by the City. Commissioner Glover concurred with the foregoing statements. She addressed the attitude of the applicants towards the requests made by the City, and the responsibilities of a business owner. Ayes * * * * * *A Motion was voted on to recommend to the City Council the of Use Permit No. 3321 based on the following Absent revocation finding. MOTION CARRIED, Finding: That the applicant for Use Permit No. 3321 has failed to comply with various conditions of approval as established by the Planning Commission at its meeting of August 18, 1988. Said conditions include the following: 1. That the proposed project shall be in substantial conformance with the approved site plan and floor plans, except as noted below. 2. That the on -site vehicular and pedestrian circulation system be subject to further review and approval by the City Traffic Engineer. Said parking areas shall be appropriately striped in accordance with the approved parking plan. -15- r* p'OMMISSIONERS October 5, 1989 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 4. That the doors to the installation bays in the front and rear buildings shall be designed in a manner so as to provide acceptable on -site circulation. The design of said doors shall be subject to the approval of the City Traffic Engineer. 5. That a minimum of 13 parking spaces shall be provided on -site except that when West Coast Highway is widened only 12 on -site parking spaces shall be required. 6. That all installation, window tinting and auto detailing activities shall be conducted within a building. The alarm systems shall not be sounded in the installation bay unless a mute device is installed in each case. That all stereo music shall be confined to the interior of the building. 12. That the applicant shall install a system of containerized landscaping along the building frontage adjacent to West Coast Highway. Said landscaping shall be subject to the approval of the Planning Department and shall be installed prior to the implementation of the use permit. 13. That one handicapped parking space shall be the on -site parking area and shall designated within be used solely for handicapped self parking. Said space shall be accessible to the handicapped parking at all times and shall be identified with a handicapped sign on a post. 14. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of this building permits and the implementation of use permit. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. -16- �I COMMISSIONERS (� October 5, 1989 MINUTES , ROLL CALL CITY OF NEWPORT BEACH 17. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements. 18. That a 6 foot wide sidewalk and drive apron be constructed and the existing utility box raised to grade along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transportation within 120 days of approval of the subject use permit unless otherwise approved by the Public Works Department. R est to amend a previously approved use permit and a mod tion to the Zoning Code that permitted the installation of vari ground identification signs (cube and pylon proposed at the majo entrances to Newport Center. The P P amendment ' volves a request to add additional raised letter signs to the a ng cube and pylon signs which identify Fashion Island and the a 'vitics within the center. The proposal also includes a request add a band of neon at the top of each cube sign. LOCATION: Parcels ocated at the southeasterly and of San Joaquin Hills southwest corners Road and anta Cruz Drive; at the southeasterly southwesterly corner of San Joaquin Hills Ro and Santa Rosa Drive; at the southeasterly d northeasterly corners of Jamboree Road an anta Barbara Drive; and within the center than of Newport in Center Drive at East Co t Highway; Newport Center, ZONES: O-S, A-P, and C-O-H APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant -17- INDEX Item No.S UP3131A Approved FAI CITY OF NEWPORT BLACH COUNCIL MEMBERS Co MINUTES V Zen ROLL CALL November 13, 1989 INDEX Has no others wishing to address the Counci , he public hearing was closed. Motion x Motion was made (a) Adopt proposed All Ayes Ordinance No. 89-36, nding Title 20 to establish regulations taining to I ow- and moderate -income hous within the coastal zone; and (b) Adopt Resolution No. 89-120 to approve fees Res 89-120 established by the Ordinance. 6. Mayor Strauss opened the public hearing U/P 3321 regarding REVOCATION OF USE PERMIT NO. (88) 3321 for failure to comply with specific Conditions of Approval of said use permit, being a request of NANCY AND ROBERT CLARK (NEWPORT SOUND WAVES) to permit the establishment of a retail sales facility specializing in the sale and installation of automobile accessories and auto detailing, on property located at 2906 West Coast Highway, on the northerly side of the highway between North Newport Boulevard and Riverside Avenue in Mariners Mile; zoned SP-5. Report from the Planning Department. The City Manager referenced the staff report which listed 11 violations of the subject use permit. He stated that some of the 11 violations have been partially satisfied, particularly Condition No. 12 relating to containerized landscaping. The facility has been in operation illegally for over one year, and the applicants were aware since October 18, 1988 that the use permit could not be implemented until all of the Conditions of Approval had been met. Ted Dean, 2678 Raven Circle, Corona, Attorney representing the applicant, addressed the Council and stated that the applicant has submitted revised plans whicki now satisfy the parking requirements and also the requirement to work within an enclosed area. The applicants have terminated the window tinting and auto detailing portions of their service and have made arrangements to handle larger vehicles at another location in Costa Mesa. An encroachment permit has been obtained from CalTrans as required. The applicants have spent a considerable amount of money on their building, rather than complying with all Volume 43 - Page 455 �3 'CITY OF NEWPORT BEACH MINUTES ', November 13, 1989 of the conditions of approval of the use U/P 3321 permit immediately as it was their understanding at the Planning Commission heating they had 24 months in which to comply with all conditions. lie suggested this matter be referred back to the Planning Commission so that the applicants can pursue compliance with "appropriate speed." Dr. Jan D. Vanderaloot, 2221 16th Street, addressed the Council and questioned why the applicants have taken so long to satisfy the conditions of their use permit. He stated the primary concern of residents in Newport Heights is the noise which emanates from their building when the applicants are working outside, and strongly utged that Condition No. 6 be enforced immediately which requires that all stereo music be confined to the interior of the building. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to uphold the decision of the Planning Commission, and revoke Use Permit No. 3321. Council Member Cox spoke against the motion stating he felt this issue should be referred back to the Planning Commission. Following discussion, Council Member Hart amended her motion to revoke said use permit, if all conditions of approval have not been met by December 11, 1989. Motion x Discussion ensued with regard to the All Ayes revised plane which had been recently submitted, and following consideration, Council Member Hart withdrew her motion, and motion was made by Mayor Strauss to reopen the public hearing and continue this matter to November 27, 1989, to allow the staff to review said plans and work with applicants regarding compliance of their use permit. Mayor Strauss opened the public hearing GPA 89-2(K) regarding: (45) A. GENERAL PLAN AMENDMENT NO. 89-2(K) - equest of BALBOA YACHT CLUB, Car a del Mar, to amend the Land Use E ant of the Newport Beach General n for the Bayside Drive Volume 43 - P 456 ,,i Ll CITY OF NEWPORT BEACH MINUTES November 27, 1989 HEARINGS: Mayor Plummer opened the continued public hearing regarding REVOCATION OF USE PERMIT NO. 3321 for failure to comply with specific Conditions of Approval of said use permit, being a request of NANCY AND ROBERT CLARK (NEWPORT SOUND WAVES) to permit the establishment of a retail sales facility specializing in the sale and installation of automobile accessories and auto detailing; on property located at 2906 West Coast Highway, on the northerly side of the highway between North Newport Boulevard and Riverside Avenue in Mariners Mile; zoned SP-5. Report from the City Attorney regarding proposed revocation of Use Permit No. 3321. It was noted that this hearing was continued from November 13 to allow staff to meet with the permittee, determine appropriate restrictions on their business, and prepare an agreement that would allow the Council to revoke the use permit in the event of noncompliance with the restrictions. Motion I I I I I x I I I In view of the foregoing, motion was All Ayea made to authorize the Mayor to sign the subject Agreement and continue the public hearing to February 12, 1990. Mayor Plummer opened the public hearing to consider an increase in the collection of fees (the "Development Fees") pursuant to the MAJOR HOROUGHFARE AND BRIDGE FEE PROGRAM FOR T SAN JOAQUIN HILLS TRANSPORTATION CO IDOR (the "Fee Program") to apply only to new development. Report \rom Public Works Department. Letter fro Alan L. Blum stating there is a provis n that arterials or o£framps mus be put to a vote of the electorate. The Public Works rector summarized the staff report, poin ng out that when the proposed San Joaquin Hills Transporta- tion Corridor Develop Fee Program was adopted by the Board o Supervisors and by the Cities which were ember agencies in 1985, the coats were b ed on very rough preliminary cost !Sri tee Volume 43 - Page 476 U/P 3321(R) (88) Fee Prgrm (74) i I a'. W CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (714)644-3131 November IS, 1989 Ms. Nancy Clark Newport Sound Waves 2906 W. Coast Highway Newport Beach, California 92663 Re: Use Permit No. 3321 Revocation Proceedings Dear Ms. Clark: This letter will confirm our agreement regarding the status of Use Permit No. 3321 and the ability of Newport Sound Waves to continue to operate at 2906 W. Coast Highway. The terms and conditions of this Agreement are as follows: 1. Newport Sound Waves acknowledges its failure to comply with conditions of approval to Use Permit No. 3321. The conditions violated include, but are not limited to, those which require adequate onsite parking, installation of equipment within bays, and the failure to make improvements to the drive apron and sidewalk. These conditions are material and the findings necessary to approve Use Permit No. 3321 could not have been made in the absence of the conditions. 2. The City Council of Newport Beach has received clear and convincing evidence of these violations and has the authority to revoke Use Permit No. 3321 pursuant to provisions of §20.80.090 of the Newport Beach Municipal Code. 3. In the absence of this Agreement, the Newport Beach City Council, if necessary, would revoke Use Permit No. 3321 on November 27, 1989 and would thereafter film legal action to enjoin Newport Sound Waves from conducting any business at 2906 W. Coast Highway not permitted as a matter of law. 4. Newport Sound Waves agrees and Consents to the entry of judgment in superior Court granting a permanent injunction against the use of the premises at 2906 W. Coast Highway for any purpose other than that specifically permitted by Title 20 of the Newport Beach Municipal Code. Newport Sound Waves expressly 3300 Newport Boulevard, Newport Beach II yip Ms. Nancy Clark November 15, 1989 Page 2 waives its right to any hearing to protest the entry of judgment, any notice of such hearing, as well as the right to be present and represented by counsel at any such hearing. 5. The Newport Beach City Council, in consideration of Newport Sound Waves consent to injunctive relief, will take no action on the proposed revocation of Use Permit No. 3321 presently scheduled for hearing on November 27, 1989, and shall continue the hearing on revocation until February 12, 1989 for purposes of evaluating compliance with the terms of this Agreement and revoking Use Permit No. 3321 if Newport Sound Waves has not strictly complied with the provisions of this Agreement. 6. The City Council of the City of Newport Beach shall have the right to revoke Use Permit No. 3321 on the date specified above, or any other time, and obtain immediate injunctive relief, if Newport Sound Waves fails to strictly comply with the following: A. Conditions 3, 7, 8, 9, 19 and 22 of Use Permit No. 3321 as specified in the minutes of the Planning Commission meeting of August 18, 1988; B. Install equipment only in those areas designated as Areas A & B on the plot plan attached to this Agreement. C. Alarm systems shall not be sounded unless a mute device is installed in each case and noise from car stereos shall not exceed 55 Dba at the property line._ D. The drive apron and sidewalk described in Condition 18 shall be constructed on or before February 1, 1990. E. With the exception of parking spaces 6, 7 and 8, all vehicles shall be parked onsite and in spaces designated on the plot plan attached to this Agreement. F. Space No. 12, as shown on the plot plan, shall be the designated handicapped parking space, shall be accessible to the handicapped at all times, and shall be identified with an appropriate sign/post. G. Window tinting and auto detailing are prohibited. M Ms. Nancy Clark November 15, 1989 Page 3 H. Newport Sound Waves shall submit an application to amend Use Permit No. 3321 on or before December 8, 1989, and, upon approval, diligently pursue compliance with all conditions imposed by the Planning Commission on review or appeal. Date: Very truly yours, CITY OF NEWPORT BEACH By: Donald A. Strauss Mayor NEWF Date: 1 1" 11 4i By A D AS TO FORM: H. Burnham City Attorney ay Y fit. 'a N{•�' rx 4wr OW 2JT� P tA- ! Pi -AFK io w-r5 so •�K( { l r- t!! V ALTUNATIVt- y FA2KIw�', PLAN .Y 31 V �U r �5C1N1/l�t.% A91�rs�6�A�ti�G fib "t" /VIO (-fit , .r.�,{ -G U ate` s Win, January 4, 1990 w MINUTES biMISSIONERS A 00 O, 00 C_ CITY OF NEWPORT BEACH ROLL CALLFA Use Permit Request tc permitted t in the sal accessories. amend cert number ai additional LOCATIO. ZONE: APPLICAI OWNER: In respon: report wi conditions Planning : have bee Hewicker recommer the City t into an al stating th. so as to subject s condition: subject a permit. Mr. Hew parking f proposed In respor Laycock, have re( INDEX No. 33.21 (Amended)(Public Hearine) Item No.9 amend a previously approved use permit which uP3321A he establishment of a retail sales facility specializing Approved es and installation of automotive electronics and The proposed amendment involves a request to the original use permit regarding the ain conditions of .id location of off-street parking and to permit service bays on the property. N; A portion of Lot F, Tract No. 919, located at 2906 West Coast Highway, on the northerly side of West Coast Highway, between North Newport Boulevard and Riverside Avenue, in Mariner's Mile. SP-5 VIS: Nancy and Robert Clark Robert Brandy, Pauma Valley ;e to Commissioner Edwards' request for an updated th regard to the applicants' compliance with the in the original Use Permit No. 3321, James Hewicker, Director, explained that no changes in the conditions Mr. n made since the staff report was written. the Planting Commission advised that subsequent to Use Permit No. 3321 to iding revocation of the original �ouncil on October 5, 1989, the City Council entered with the applicants dated November 15, 1989, ;reement at the applicants must comply with specific conditions allow the establishment`tto continue to operate at the ite. Mr. Hewicker commented that the terms and have been fulfilled including the s of the agreement pplication to file an amendment to the original use icker addressed staffs concerns with regard to on -site in conjunction with the or the customers and employees expanded operation on -site. ise to questions posed by Commissioner Glover, William Current Planning Manager, stated that the applicants installation bays. Mr. Hewicker luested three new -30- ,oMMISSIONERS "'&'-\0 \\ m0 O O� ,., January 4, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX explained that the area occupied by the service bays was not calculated in the parking requirement inasmuch as the retail sales are located only in the showroom. Discussion ensued with regard to a customer requesting only the installation of equipment. In response to a question posed by Chairman Pomeroy with regard to the chain located on the premises, Don Webb, City Engineer, replied that the chain across the driveway could be removed. The public hearing was opened in connection with this item, and Mr. Ted Dean, 2678 RavenCircle, Corona, appeared before the Planning Commission on behalf of the applicants. Mr. Dean stated that the chain was installed to keep the public from driving to the rear of the facility. Chairman Pomeroy commented that when the chain is installed across the driveway it is necessary to back a vehicle directly out on to West Coast Highway. Mr. Dean commented that the custom business does not compete with large establishments that serve the general public. Mr. Dean stated that additional parking spaces could be provided if a 450 square foot service bay were eliminated. He explained that two service bays have been enclosed to comply with the conditions imposed by the City. In response to a question posed by Mr. Hewicker, Mr. Dean replied that with very few exceptions the applicant does not install equipment that is not sold on the premises. Mrs. Nancy Clark, applicant, appeared before the Planning Commission. In response to a question posed by Commissioner Merrill with regard to keeping the parking space located directly in front of the building open for customers, Mrs. Clark explained that occasionally an employee will park in said parking space. Mrs. Clark commented that the employees generally park at the rear of the building. Commissioner Di Sano addressed his concerns with regard to the size of the site, and if the site is capable of allowing the establishment to function in the manner the applicants wish to operate the business. Mrs. Clark replied that the applicants do not intend to expand the business further than the requested service bays. In response to a question posed by Commissioner -31- FiMMISSIONERS ,o O�-\ \0 \\ f January 4, 1990 MINUTES CITY OF NEWPORT BEACH ' ' ROLL CALL INDEX Di Sano with regard to the parking layout, Mrs. Clark replied that a service bay could be eliminated and a parking space added. Discussion ensued regarding the procedure that is taken after an automobile is dropped off for equipment installation. Mrs. Clark explained that customer appointments are arranged in a manner that automobiles are not parked waiting for equipment installation, that one installer is employed per service bay, and the applicants provide a service wherein automobiles are picked up and delivered to the customer. In response to questions posed by Commissioner Glover, Mrs. Clark stated that the business employs seven employees, including the applicants. Mr. Hewicker stated that the proposed expansion consists of 13 parking spaces including the service bays or 8 parking spaces not including the service bays. Mr. Laycock referred to staffs recommended alternative parking plan that would provide 8 parking spaces for employees and 4 customer parking spaces, including 1 handicapped parking space, but not including the service bays. Mrs. Clark stated that two outside salesmen and customers park at the side of the building. In response to questions posed by Commissioner Merrill regarding the parking spaces, Mr. Dean stated that he preferred staffs alternative parking plan inasmuch as said plan provides 12 parking spaces including 1 handicapped parking space. He said that said plan provides 7 parking spaces at the rear of the building and 5 parking spaces in the front of the building. Discussion ensued between Mr. Dean and the Planning Commission with regard to the number of existing service bays, parking spaces, and employees. t� In response to a request for clarification posed by Commissioner Glover, Mrs. Clark replied that the facility does not provide body work within the installation bays, and the business only installs equipment that the operation sells retail. In response to a question posed by Chairman Pomeroy, Mr. Dean replied that installation of equipment in large motor vehicles is accomplished at another site. Commissioner Edwards addressed Condition No. 4 in Exhibit 'W' with regard to the number of 'parking spaces. Mr. Laycock -32- riMMISSIONERS 9�,j, �oy°r• °c� M January 4, 1990 MINUTES CITY OF• NEWPORT BEACH ROLL CALL . INDEX explained that said condition relates to the alternate parking plan as proposed by staff: 12 parking spaces, including 2 tandem parking spaces at the rear of the site, 2 parking spaces (nos. 8 and 9) between the buildings, and the handicapped parking space would be installed in the driveway. Mr. Laycock explained that when West Coast Highway is widened, that Parking Space No. 12 indicated on the Alternative Parking Plan would ,be eliminated. Chairman Pomeroy stated that the 12 parking spaces would be in addition to the 5 service bays. Mr. Laycock further commented that the applicants informed staff that 8 employees are proposed at a futurd time. In response to a question'posed by Commissioner Di Sano, Mrs. Clark explained that when staff originally requested the number of employees, she responded 8 employees inasmuch as she was anticipating an additional employee in the future. In response to a request for clarification posed by Commissioner Merrill, discussion ensued with regard to the Alternate Plan consisting of 5 service bays, 12 parking spaces, maximum consideration of 8 employees, and the elimination of one parking space when West Coast Highway is widened. Mr. Laycock explained that 4 parking spaces would be available for customers with the Alternate Parking Plan until one of said spaces were eliminated with the widening of West Coast Highway. Commissioner Glover addressed her concern that the applicants have requested to expand the business by amending the use permit when, in fact, the applicants did not comply with the . conditions of the original use permit. In response to a question ' posed by Chairman Pomeroy, Mr. Dean stated that the applicants, would agree to eliminate one service bay so as to provide one additional parking space. Discussion ensued between Commissioner Merrill and Mr. Hewicker with . regard to the installation of equipment in the outside areas, and the number of proposed service bays. Robin Flory, Assistant City Attorney, stated that the applicants apparently did not understand the time frame to accomplish the conditions of approval in the original use permit, and she suggested that a time frame be considered in the conditions of approval if the Planning Commission approves this application. Mr. Laycock referred to Condition No. 8 in Exhibit "A' with -33- FoMMISSIONERS klsv January 4, 1990 MINUTES CITY OF NEWPORT BEACH " ROLL CALL INDEX regard to the approval of the Coastal Commission prior to the issuance of building permits and. the implementation of the use permit. Mr. Hewicker stated that the applicants received approval of the original use permit from the Coastal Commission, and the driveway was recently installed onto West Coast Highway in accordance with the agreement with the City Council. Mr. Dean stated that the applicants have read and concur with the findings and conditions in Exhibit "A". Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. VanderSloot addressed his concerns regarding the number of required parking spaces. He pointed out that the applicants have requested to amend the original use permit which would intensify the business use, and he requested that one service bay be eliminated so as to add two parking spaces. Dr. VanderSloot suggested that all of the employees be required to park in the adjacent Municipal Parking Lot which would leave all of the on -site parking spaces for customers. Commissioner Pers6n responded that the employees would park in the neighborhood 'instead of the Municipal Parking' Lot. Mrs. Janine Gault, 406 San Bernadino Avenue, appeared before the Planning Commission on behalf of the Newport Heights Community Association's recommendation that one of the service bays be eliminated so as to provide additional parking spaces. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sago stated that. it would be imprudent to permit the applicants -additional service bays than the original use permit so as to expand the business inasmuch as the site is too small for the 'existing activity on -site. Commissioner Pers6n addressed the agreement between the City Council and the applicants, and he asked if it would be possible to refer the application to the City Council without action. Mrs. Flory affirmatively replied. Commissioner Di Sano stated that he would support the recommendation to refer this matter to the City Council without action. -34- . r jMMISSIONERS vul? 1(;* January 4, 1990MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a request posed by Commissioner Glover regarding Exhibit "A", Mr. Laycock stated that the approval of Exhibit "A" would allow 5 service bays inasmuch as Condition No. 1 states that the proposed project shall be in substantial conformance with the approved alternative site plan which includes tandem parking spaces at the rear of the building and 5 service bays proposed by the applicant. In response to Commissioner, Glover's . concern- with regard to the number of proposed service bays,. Mr. Hewicker suggested that a condition could be added indicating, that two service bays could be converted to parking spaces. Mr. Laycock commented that the business was allowed only two covered service bays originally, but additional . installation activities were illegally conducted outside. Motion * Comrissioner Pers6n made a motion to forward Use Permit No. 3321 (Amended) to the City Council with no action. Chairman Pomeroy suggested that the Planning Commission make recommendations to the City Council. Discussion ensued between Chairman Pomeroy and Commissioner Pers6n regarding the intensity of development on the site. Chairman Pomeroy agreed to not encourage the intensity of the use; however, he suggested that a condition be added that would require the parking lot restriping to occur before any construction commences, and that 5 service bays should not be allowed. Commissioner Pers6n commented that the business demands more service bays', - and he stated his concern that the installation of equipment could occur illegally outside. Commissioner Edwards supported Chairman Pomeroy's foregoing statements. Substitute Substitute motion was made to approve Use Permit No. 3321 Motion * (Amended) subject to the.findings and conditions in Exhibit "A", including conditions to reduce the number of service bays from 5 to 3, and a corresponding increase in parking, and that restriping the parking lot occur prior to the new construction. Mr. Hewicker suggested that the 2 service bays at the rear of the property be eliminated so that the 3 service bays at the front of the property.• could be .inspected more easily by Code Enforcement personnel. Chairman Pomeroy concurred with the suggestion. - • • . • : Commissioner Di Sano supported the motion to forward the -35- ,JMMISSIONERS " F, -ta 'ROLL CALL Ayes Noes Absent January 4, 1990 MINUTES CITY OF NEWPORT BEACH amended use permit back to the City Council on the basis that no recommendation only permits the applicants to abide by the original use permit. He stated that the applicants have outgrown the location and the motion directs the City Council to make the final decision. In response to a question posed by Commissioner Merrill, Mr. Hewicker replied that the 3 covered service bays at the front of the property would be easier to monitor than not being specific about what service bays could be used. Commissioner Merrill concurred, and he said that 3 bays would also limit the number of employees. Substitute motion was voted'on to bpprove Use Permit No. 3321 (Amended) subject. to the findings and conditions in Exhibit "A", including the foregoing condition. SUBSTITUTE MOTION CARRIED: Fin in s• 1. That the proposed use is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed project. ' 3. The approval of Use Permit No. 3321 (Amended) with suggested tandem parking for employees will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals,'tcomfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions 1. That the . proposed project shall be in substantial conformance with the approved alternative site plan approved by the Planning Commission at its January 4, 1990 meeting. 2. That the on -site. vehicular and pedestrian circulation -36- INDEX FiMMISSIONERS January 4, 1990 MINUTES f CITY OF NEWPORT BEACH INDEX ROLL CALL system be subject to further review and approval by the City Traffic Engineer. Said parking areas shall be fully paved and appropriately striped in accordance with the approved parking plan, prior to the new construction. 3. That all previous applicable conditions of approval for Use Permit No. 3321 shall be fulfilled. 4. That a minimum of 14 parking spaces shall be provided on -site for employee and customer parking except that when West Coast Highway is widened only 13 on -site parking spaces shall be required for such purposes. (Two of the required parking spaces shall be located in the rear building where the two service bays were eliminated by. the Planning Commission). Installation bays shall not be included in the provision of required on -site parking. 5. That all installation activities shall be conducted within a building. The alarm systems shall not be sounded in the installation bay unless a mute device is installed in each case. That all stereo music shall be confined to the interior of the building. 6. That one handicapped parking space 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. 7. That no auto detailing or window tinting activities shall be permitted on -site, unless an amended use permit is approved by the Planning Commission. 8. That the applicants shall obtain the approval of the Coastal Commission prior to the issuance of building permits and the implementation of this use permit. 9. 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. -37- M jMMISSIONERS " !•�Nfi 9 January 4, 1990 l\A/ MINUTES CITY OF NEWPORT BEACH tOLL CALL INDEX 10. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 11. The number of service bays shall be reduced from 5 to 3 bays. The 2 proposed service bays at the rear of the property shall be eliminated. The Planning Commission, recessed at 8:50 p.m. and reconvened at 9:00 p.m. A Use Permit No 3368 (Public 'Hearinel item NO-10 Request to permit the construction of a ten unit res' ential UP33613 condominium development and related garages, on property located in the Unclassified District; and the accep nce of an R910 environmental document. kpproved AND B. Resubdivi5ign No. 910Pu li Heari Request to resubd. Wide an existing arcel of land into a single parcel for a 10 unit residential' ndominium development on property located in the Unclas.' ied District. LOCATION! • Apo on of Lot 47, Newport Heights, local d. at - 2421 16th Street, on the s thwesterly° side of 16th Street, between ustin Avenue and Irvine Avenue. ZONE: Unclassified APPLI Thompson Investment Co., Irvine O Same as applicant J es Hewicker, Planning Director, addressed the development standards in the MFR District and the R-3 District. He said that the application was submitted to the City before the MFR -38- October' COMMISSIONERS 1.INUTES Use Permit No 3321 (Revocation)(Continued Public Hearina) Request to consider recommending the revocation of Use Permit No. 3321, Newport Sound Waves, that specializes in the sale and installation of automobile accessories, for failure to comply with specific conditions of approval or to consider adding or modifying conditions of approval to said use permit. LOCATION: A portion of Lot F, Tract No. 919, located at 2906 West Coast Highway, on the northerly side of West Coast Highway, between North Newport Boulevard and Riverside Avenue, in Mariners Mile. ZONE: SP-5 APPLICANTS: Nancy and Robert Clark OWNER: Robert Brandy, Pauma Valley James Hewicker, Planning Director, stated that on this date prior to the subject public hearing, the applicant submitted revised plans and a letter from the applicants' attorney regarding the subject item. Mr. Hewicker admonished the applicants for their delay in responding to staffs appeals and their lack of cooperation with staff. Mr. Hewicker advised the Planning Commission that if the item is continued that staff requests assurance that the applicants will cooperate so as to resolve the matter. Commissioner Pers6n pointed out that the Planning Commission is not required to consider material submitted to the Commission within 24 hours of the public hearing, and that the material submitted to the Commission just prior to the subject public hearing arrived too late. Commissioner Pers6n stated that he would not support a continuance of the public hearing. Commissioner Edwards agreed with the foregoing statement. Commissioner Pers6n referred to a letter dated October 19, 1988, tem,astating thafter t the applicants Commission alowedto open fthe or -12- INDEX Item No.4 UP3321 Recommend. Revoca- tion .l w cCOMMISSIONERS 16 NX IM tNt October 5, 1989 MINUTES (OF NEW, PORT MEACH lPlOEX ROLL CALL business until after all of the conditions of approval were in compliance. Mrs. Nancy Clark, owner of Newport Sound Waves, appeared before the Planning Commission. Mrs. Clark requested a continuance of the item to October 19, 1989, to allow the Planning Commission additional time to review the submitted revised plans. She explained that the parking plans have become a problem inasmuch as the applicants have a desire to expand the business, and the plans previously submitted were not approved by staff. In response to a question posed by Acting Chairman Debay regarding the applicants not returning telephone calls, Mrs. Clark explained that she received one telephone message too late to return on Friday from Mr. Ward, Senior Planner. She explained that she is not always available at the business and does not receive messages from the employees. In response to questions posed by Commissioner Di Sano regarding the letters to the applicants from staff stating that the applicants have not complied with the conditions of approval, Mrs. Clark explained that estimates have been received regarding the driveway and the property owner has agreed to pay for one- half of the expense. She stated that inasmuch as the parking plan was not approved, the applicants could not stripe the parking area; however, the paint and signs have been purchased. Commissioner Edwards addressed the number of conditions that the applicants have not complied with, not implemented or maintained. Mr. Hewicker stated that as a result of the problems that the applicants have had in submitting the new plans, the applicants propose to request that the Planning Commission amend some of the conditions previously imposed. Mr. Hewicker stated that the applicants are not in compliance with 11 conditions, and the reason is that the applicants are attempting to find alternatives. Commissioner Pers6n stated that at the August 18, 1988 Planning Commission meeting, the applicant, Mrs. Clark, was present, and agreed with Use Permit No. 3321, findings and conditions. Commissioner Pers6n asked Mrs. Clark if she received the notice -13- COMMISSI `OO�N��ER$ NK16 S IS\ October 5, 1989 MINUTES C07Y OF WEVIPOR7 (MAON INDEX, ROLL CALL r from the City dated October 18, 1988, stating that the applicant could not implement the use permit until the conditions have been complied with, and Mrs. Clark agreed that she had received the letter. Commissioner Pers6n stated that one condition that was not implemented was that the applicant shall apply for and obtain a Coast-1 Development Permit prior to occupancy and authorization o the use permit, and Mrs. Clark agreed to said condition. Co, missioner Pers6n stated that one year and 14 days after the August 18, 1988, Planning Commission meeting, on September 2, 1989, the applicants applied for a Coastal Development Permit, and he asked if the applicants had the Permit now. Mrs. Clark replied "no", that the applicants had submitted the application twice and twice it had been returned because it was incomplete. Commissioner Pers6n stated that during the past 12 months the City advised the applicants that they were violating Condition No. 6, installing, window tinting and auto detailing outside of the building. Mrs. Clark replied that they are no longer window tinting or auto detailing; however, occasionally quick stereo installations have been done outside. Commissioner Pers6n commented that maybe the size of the facility is not adequate. Mrs. Clark agreed. In response to Commissioner Pers6n's statement regarding the applicant's submission of documents, Robin Flory, Assistant City Attorney, explained that the Planning Commission may continue the public hearing to consider the submitted documents; however, the Planning Commission is not required to consider the documents. Commissioner Pers6n asked Mrs. Clark if the applicants submitted a circulation plan. Mrs. Clark affirmatively replied that the plan submitted prior to the subject public hearing was an on -site vehicular and pedestrian circulation parking plan. In response to questions posed by Commissioner Pers6n, Mrs. Clark stated that she read the subject staff report, that she recognized the letters that the City sent to the applicants, and that she has had meetings with staff during the past 12 months. Mr. Cameron Quinn, attorney for the applicants, appeared before the Planning Commission. Mr. Quinn explained that the documents that were submitted to the Planning Commission prior to the subject public hearing was for the purpose of informing -14- COMMISSIONERS October 5, 1989 MINUTES INDEX ROLL CALL the Commission what has been accomplished. Mr. Quinn requested consideration of the revised plans, and the request to continue the item to the October 19, 1989, Planning Commission meeting. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to recommend to the City Council that Use Motion * Permit No. 3321 be revoked. Commissioner Pers6n referred to the constant number of letters and contacts made by staff, the continued failure of the applicants to communicate with the staff to abide by the conditions of approval, and not to show any interest until the day of the public hearing. Commissioner Pers6n rebuked businesses that refuse to abide by the conditions of approval that have been set forth by the Planning Commission, and that are reasonable requests by the City. Commissioner Glover concurred with the foregoing statements. She addressed the attitude of the applicants towards the requests made by the City, and the responsibilities of a business owner. Ayes * * * * Motion was voted on to recommend to the City Council the of Use Permit No. 3321 based on the following Absent revocation finding. MOTION CARRIED. indin That the applicant for Use Permit No. 3321 has failed to comply with various conditions of approval as established by the Planning Commission at its meeting of August 18, 1988. Said conditions include the following: 1. That the proposed project shall be in substantial conformance with the approved site plan and floor plans, except as noted below. 2. That the on -site vehicular and pedestrian circulation system be subject to further review and approval by the City Traffic Engineer. Said parking areas shall be appropriately striped in accordance with the approved parking plan. -15- s. COMMISSIONERS October 5, 1989 MINUTES VIt 0 16 1 ' OWN 1d\4 C07Y (oGr VaVIF)OR7 Bum INDEX ROLL CALL 4. That the doors to the installation bays in the front and rear buildings shall be designed in a manner so as to provide acceptable on -site circulation. The design of said doors shall be subject to the approval of the City Traffic Engineer. 5. That a minimum of 13 parking spaces shall be provided on -site except that when West Coast Highway is widened only 12 on -site parking spaces shall be required. 6. That all installation, window tinting and auto detailing activities shall be conducted within a building. The alarm systems shall not be sounded in the installation bay unless a mute device is installed in each case. That all stereo music shall be confined to the interior of the building. 12. That the applicant shall install a system of containerized landscaping along the building frontage adjacent to West Coast Highway. Said landscaping shall be subject to the approval of the Planning Department and shall be installed prior to the implementation of the use permit. 13. That one handicapped parking space shall be designated within the on -site parking area and shall be used solely for handicapped self parking. Said parking space shall be accessible to the handicapped at all times and shall be identified with a handicapped sign on a post. 14. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of building permits and the implementation of this use permit. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. -16- COMMISSIONERS vo October 5, 1989 MINUTES INDEX ROLL CALL 17. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements. 18. That a 6 foot wide sidewalk and drive apron be constructed and the existing utility box raised to grade along the West Coast Highway frontage under - an encroachment permit issued by the California Department of Transportation within 120 days of approval of the subject use permit unless otherwise approved by the Public Works Department. Use Permit No..3131 (Amended)(Public Hearine) Item No.5 Request to amend a previously approved use permit- and a UP3131A modification to the Zoning Code that permitted the installation of various ground identification signs (cube and pylon signs) at Approved the major entrances to Newport Center. The proposed amendment involves a request to add additional raised letter to the existing cube and pylon signs which identify Fashion signs Island and the activities within the center. The proposal also includes a request to add a band of neon at the top of each cube sign. LOCATION: Parcels located at the southeasterly and southwesterly corners of San Joaquin Hills Road and Santa Cruz Drive; at the southeasterly and southwesterly corner of San Joaquin Hills Road and Santa Rosa Drive; at the southeasterly and northeasterly corners of Jamboree Road and Santa Barbara Drive; and within the center median of Newport Center Drive at East Coast Highway; in Newport Center. ZONES: O-S, A-P, and C-O-H APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant -17- A COMMISSIONERS October W 5, 1989 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL Use Permit No 3321 (Revocation)(Continued Public Hearing) Item No.4 Request to consider recommending the revocation of Use Permit UP3321 No. 3321, Newport Sound Waves, that specializes in the sale and Recommend. installation of automobile accessories, for failure to comply with Revoca- specific conditions of approval or to consider adding or modifying tion conditions of approval to said use permit. LOCATION: A portion of iot F, Tract No. 919, located ' at 2906 West Coast Highway, on the northerly side of West Coast Highway, between North Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP-5 APPLICANTS: Nancy and Robert Clark OWNER: Robert Brandy, Pauma Valley James Hewicker, Planning Director, stated that on this date prior to the subject public hearing, the applicant submitted revised plans and a letter from the applicants' attorney regarding the subject item. Mr. Hewicker admonished the applicants for their delay in responding to staffs appeals and their lack of cooperation with staff. Mr. Hewicker advised the Planning Commission that if the item is continued that staff requests assurance that the applicants will cooperate so as to resolve the matter. Commissioner Pers6n pointed out that the Planning Commission is not required to consider material submitted to the Commission within 24 hours of the public hearing, and that the material submitted to the Commission just prior to the subject public hearing arrived too late. Commissioner Pers6n stated that he would not support a continuance of the public hearing. Commissioner Edwards agreed with the foregoing statement. Commissioner Pers6n referred to a letter dated October 19, 1988, 60 days after the Planning Commission approved the subject item, stating that the applicants were not allowed to open for -12- i, . .1 COMMISSIONERS October 5, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX business until after all of the conditions of approval were in compliance. Mrs. Nancy Clark, owner of Newport Sound Waves, appeared before the Planning Commission. Mrs. Clark requested a continuance of the item to October 19, 1989, to allow the Planning Commission additional time to review the submitted revised plans. She explained that the parking plans have become a problem inasmuch as the applicants have a desire to expand the business, and the plans previously submitted were not approved by staff. In response to a question posed by Acting Chairman Debay regarding the applicants not returning telephone calls, Mrs. Clark explained that she received one telephone message too late to return on Friday from Mr. Ward, Senior Planner. She explained that she is not always available at the business and does not receive messages from the employees. In response to questions posed by Commissioner Di Sano regarding the letters to the applicants from staff stating that the applicants have not complied with the conditions of approval, Mrs. Clark explained that estimates have been received regarding the driveway and the property owner has agreed to pay for one- half of the expense. She stated that inasmuch as the parking plan was not approved, the applicants could not stripe the parking area; however, the paint and signs have been purchased. Commissioner Edwards addressed the number of conditions that the applicants have not complied with, not implemented or maintained. Mr. Hewicker stated that as a result of the problems that the applicants have had in submitting the new plans, the applicants propose to request that the Planning Commission amend some of the conditions previously imposed. Mr. Hewicker stated that the applicants are not in compliance with 11 conditions, and the reason is that the applicants are attempting to find alternatives. Commissioner Pers6n stated that at the August 18, 1988 Planning Commission meeting, the applicant, Mrs. Clark, was present, and agreed with Use Permit No. 3321, findings and conditions. Commissioner Pers6n asked Mrs. Clark if she received the notice -13- COMMISSIONERS October 5, 1989 MINUTES NOW"MilleM, CITY OF NEWPORT BEACH INDEX ROLL CALL from the City dated October 18, 1988, stating that the applicant could not implement the use permit until the conditions have been complied with, and Mrs. Clark agreed that she had received the letter. Commissioner Pers6n stated that one condition that was not implemented was that the applicant shall apply for and obtain a Coastal Development Permit prior to occupancy and authorization of the use permit, and Mrs. Clark agreed to said condition. Commissioner Pers6n stated that one year and 14 days after the August 18, 1988, Planning Commission meeting, on September 2, 1989, the applicants applied for a Coastal Development Permit, and he asked if the applicants had the Permit now. Mrs. Clark replied "no", that the applicants had submitted the application twice and twice it had been returned because it was incomplete. Commissioner Pers6n stated that during the past 12 months the City advised the applicants that they were violating Condition No. 6, installing, window tinting and auto detailing outside of the building. Mrs. Clark replied that they are no longer window tinting or auto detailing; however, occasionally quick stereo installations have been done outside. Commissioner Pers6n commented that maybe the size of the facility is not adequate. Mrs. Clark agreed. In response to Commissioner Pers6n's statement regarding the applicant's submission of documents, Robin Flory, Assistant City Attorney, explained that the Planning Commission may continue the public hearing to consider the submitted documents; however, the Planning Commission is not required to consider the documents. Commissioner Pers6n asked Mrs. Clark if the applicants submitted a circulation plan. Mrs. Clark affirmatively replied that the plan submitted prior to the subject public hearing was -site vehicular and pedestrian circulation parking plan. In an on response to questions posed by Commissioner Pers6n, Mrs. Clark stated that she read the subject staff report, that she recognized the letters that the City sent to the applicants, and that she has had meetings with staff during the past 12 months. Mr. Cameron Quinn, attorney for the applicants, appeared before the Planning Commission. Mr. Quinn explained that the documents that were submitted to the Planning Commission prior to the subject public hearing was for the purpose of informing -14- COMMISSIONERS �0�-�N �.� October 5, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX the Commission what has been accomplished. Mr. Quinn requested consideration of the revised plans, and the request to continue the item to the October 19, 1989, Planning Commission meeting. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to recommend to the City Council that Use Motion * Permit No. 3321 be revoked. Commissioner Pers6n referred to the constant number of letters and contacts made by staff, the continued failure of the applicants to communicate with the staff to abide by the conditions of approval, and not to show any interest until the day of the public hearing. Commissioner Pers6n rebuked businesses that refuse to abide by the conditions of approval that have been set forth by the Planning Commission, and that are reasonable requests by the City. Commissioner Glover concurred with the foregoing statements. She addressed the attitude of the applicants towards the requests made by the City, and the responsibilities of a business owner. Ayes * * * * Motion was voted on to recommend to the City Council the Absent * * revocation of Use Permit No. 3321 based on the following finding. MOTION CARRIED. Finding: That the applicant for Use Permit No. 3321 has failed to comply with various conditions of approval as established by the Planning Commission at its meeting of August 18, 1988. Said conditions include the following: 1. That the proposed project shall be in substantial conformance with the, approved site plan and floor plans, except as noted below. 2. That the on -site vehicular and pedestrian circulation system be subject to further review and approval by the City Traffic Engineer. Said parking areas shall be appropriately striped in accordance with the approved parking plan. -15- COMMISSIONERS O October 5, 1989 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That the doors to the installation bays in the front and rear buildings shall be designed in a manner so as to provide acceptable on -site circulation. The design of said doors shall be subject to the approval of the City Traffic Engineer. 5. That a minimum of 13 parking spaces shall be provided on -site except that when West Coast Highway is widened only 12 on -site parking spaces shall be required. 6. That all installation, window tinting and auto detailing activities shall be conducted within a building. The alarm systems shall not be sounded in the installation bay unless a mute device is installed in each case. That all stereo music shall be confined to the interior of the building. 12. That the applicant shall install a system of containerized landscaping along the building frontage adjacent to West Coast Highway. Said landscaping shall be subject to the approval of the Planning Department and shall be installed prior to the implementation of the use permit. 13. That one handicapped parking space shall be designated within the on -site parking area and shall be used solely for handicapped self parking. Said parking space shall be accessible to the handicapped at all times and shall be identified with a handicapped sign on a post. 14. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of building permits and the implementation of this use permit. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. -16- COMMISSIONERS October 5, 1989 MINUTES 116 w `� CITY OF NEWPORT BEACH ROLL CALL INDEX 17. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements. 18. That a 6 foot wide sidewalk and drive apron be constructed and the existing utility box raised to grade along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transportation within 120 days of approval of the subject use permit unless otherwise approved by the Public Works Department. t Y i TJse Permit No 3131 (Amended)(Public Hearing) Item No.5 Request to amend a previously approved use permit and a UP3131A modification to the Zoning Code that permitted the installation of various ground identification signs (cube and pylon signs) at Approved the major entrances to Newport Center. The proposed amendment involves a request to add additional raised letter signs to the existing cube and pylon signs which identify Fashion Island and the activities within the center. The proposal also includes a request to add a band of neon at the top of each cube sign. LOCATION: Parcels located at the southeasterly and southwesterly corners of San Joaquin Hills Road and Santa Cruz Drive; at the southeasterly and southwesterly corner of San Joaquin Hills Road and Santa Rosa Drive; at the southeasterly and northeasterly corners of Jamboree Road and Santa Barbara Drive; and within the center median of Newport Center Drive at East Coast Highway; in Newport Center. ZONES: O-S, A-P, and C-O-H APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant -17- Planning Commission Meeting October 5. 1989 Agenda Item No. 4 n �� CITY OF NEWPORT BEACH /�^'I✓ �� TO: Planning Commission ei jj / FROM: Planning Department SUBJECT` i, use Permit No 3321 (Rlearin) Request to consider recommending the revocation of Use Permit No. 3321, Newport Sound Waves, on property located at 2906 West Coast Highway, for failure to comply with specific conditions of approval. LOCATION: A portion of Lot F, Tract No. 919, located at 2906 West Coast Highway, on the northerly side of West Coast Highway, between North Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP-5 APPLICANTS: Nancy and Robert Clark OWNER: Robert Brandy, Pauma Valley Application This is a request to consider recommending the revocation of Use Permit No. 3321 for Newport Sound Waves due to failure to comply with specific conditions of approval. In accordance with Section 20.80.090B of the Municipal Code, any use permit granted in accordance with Title 20 of the Municipal Code may be revoked if any of the conditions or terms of the use permit are violated. Background At its meeting of August 18, 1988, the Planning Commission approved Use Permit No. 3321 with the Findings and subject to the Conditions of Approval as indicated in the attached excerpt of the Planning Commission minutes dated August 18, 1989. Subsequent to the approval of this application, staff became aware that the commercial use was open for business without complying with several conditions of approval of said use permit. The Assistant Code Enforcement Officer informed the applicants that all Conditions of Approval must be met by December 8, 1988 (letter attached). Since no action was taken to resolve the problem, the matter was referred to the City Attorney's Office. After several months of attempting to work with the applicants, only a few of the Conditions of Approval of Use Permit No. 3321 have been met. TO: Planning Commission - 2. At its meeting of June 22, 1989, the Planning Commission voted unanimously to review Use Permit No. 3321 so as to consider recommending to the City Council its revocation or to add or modify conditions of approval to said use permit. Said hearing was scheduled for August 10, 1989 which was subsequently continued to October 5, 1989 so as to allow the applicants additional time to prepare plans for a building addition which would allow for a more acceptable on -site parking design. However, the applicants have not submitted the new plans as agreed upon, and Nancy Clark has failed to return staffs telephone calls on each of three different occasions. In light of the applicants' failure to respond, it is staffs recommendation that the Planning Commission proceed with its review of the subject use permit. Although the operation does not include auto detailing or window tinting as originally permitted, the installation of stereos, telephones, and security systems on three or more automobiles at a time in the open on a regular basis have been regularly observed and continue on the property, which is in violation of Condition of Approval No. 6. in addition, the parking lot has not been striped (Condition No. 2), a Coastal Permit has not been obtained (Condition No. 14), and the sidewalk and drive apron have not been constructed (Condition No, 18). It should be noted that in the previous staff report dated June 22, 1989 it was indicated that Condition No. 12 required the approval and installation of containerized landscaping along the front of the building. A recent inspection of the property has revealed that such landscaping is currently being installed. Although said landscaping appears to be adequate, it was never submitted to the City for approval. The following are the Conditions of Approval that have not been implemented and/or maintained: Conditions: 1. That the proposed project shall be in substantial conformance with the approved site plan and floor plans, except as noted below. 2. That the on -site vehicular and pedestrian circulation system be subject to further review and approval by the City Traffic Engineer. Said parking areas shall be appropriately striped in accordance with the approved parking plan. 4. That the doors to the installation bays in the front and rear buildings shall be designed in a manner so as to provide acceptable on -site circulation. The design of said doors shall be subject to the approval of the City Traffic Engineer. 5. That a minimum of 13 parking spaces shall be provided on -site except that when West Coast Highway is widened only 12 on -site parking spaces shall be required. TO: Planning Commission - 3. 6. That all installation, window tinting and auto detailing activities shall be conducted within a building. The alarm systems shall not be sounded in the installation bay unless a mute device is installed in each case. That all stereo music shall be confined to the interior of the building. 12. That the applicant shall install a system of containerized landscaping along the building frontage adjacent to West Coast Highway. Said landscaping shall be subject to the approval of the Planning Department and shall be installed prior to the implementation of the use permit. 13. That one handicapped parking space shall be designated within the on -site parking area and shall be used solely for handicapped self parking. Said parking space shall be accessible to the handicapped at all times and shall be identified with a handicapped sign on a post. 14. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of building permits and the implementation of this use permit. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. 17. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements. 18. That a 6 foot wide sidewalk and drive apron be constructed and the existing utility box raised to grade along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transportation within 120 days of approval of the subject use permit unless otherwise approved by the Public Works Department. Condition No. 7 provides that the display of all products for sale shall be located within a building. Although this condition is now being maintained, the Assistant Code Enforcement Officer's letter dated December 12, 1988 to the applicants indicates that there was a continued violation to said condition. The outdoor display continued to be a problem as indicated in the attached photographs dated December 20, 1988 and December 30, 1988. Planning Commission Action In accordance with Section 20.80.090B of the Municipal Code, any use permit granted in accordance with Title 20 of the Municipal Code may be revoked if any of the conditions or terms of the use permit are violated. If it is the desire of the Planning Commission to recommend to the City Council the revocation of Use Permit No. 3321, then it is suggested that the Planning Commission take such action with the following finding: TO: Planning Commission - 4. That the applicant for Use Permit No. 3321 has failed to comply with various conditions of approval as established by the Planning Commission at it meeting of August 18, 1988. Should the Planning Commission not wish to recommend the revocation of the subject use permit, no action is necessary at this time. However, Condition of Approval No. 20 of Use Permit No. 3321, as originally approved by the Planning Commission on August 18, 1988 also provides that the Planning Commission may add to or modify Conditions of Approval to 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 or welfare of the community. If it is the desire of the Planning Commission to add to or modify conditions of approval of the existing use permit or add other additional conditions of approval, such action may be taken at this time. PLANNING DEPARTMENT JAMES D. HEWICKER, Director �t u._IM-M • 1 /. / Senior 11' Attachments: Vicinity Map Excerpt of Planning Commission Minutes dated August 18, 1988 Letters from Assistant Code Enforcement Officer dated October 19, 1988 and December 12, 1988 Letter from Assistant City Attorney dated December 28, 1988 Letters from the City Law Clerk dated January 31, 1989, March 23, 1989 and May 15, 1989 Photographs Plot Plan F:\wp5o\BilLW\up\up3321R IrA `r yiciNirr MAP / I S11 MAI N0.! Q• CUFF DRIve .5• yr_ ~ 'P/ \/ R•1 •Pi i tl 4.1 K m /\ ' � P� /' n•I 5 .{� � � n y s 000 7� 3f'r b h� P/ 404 i� s / �•� 8 c �`a, 4F FK BPS \r \ s' �iTj•I Dap \ \ \ \o< 4 t lZAoRT IP x \ C-1-H r C-1-N SMSJlY !/'P MAI A . A w FEET \ \ \\ \\ rA•! MAI LM 6 DISTRICTING MAP NEWPORT BEACH — CALIFORNIA R-A AGRICULTURAL RESIDENTM R--A NULTIRLE RESIDENTIAL C-1 LNNT CGMNEIICIAL A-i SINGLE FAMKT RESWENDAL R-2 OURLEK RESIDENTML C-= GENERAL CCNNERCIAL N-1 NANUMIURING WA RES& MULTIFLE".=RWOEMTMt COMBINING WSTAIM NY YARD S BACK 5 OWN'" --0- UNMASSIFIED UWTEO CDMMERCIAL !gq/T' No 3 3 01 I ORD No. rff DEC X,IS50 , COMMISSIONERS ROLL CALL C August 18, 1988 CITY OF NEWPORT BEACH MINUTES INDEX a g491 (Public Hearin¢)_ item No-2 Request to permit the establishment of a retail sales 1133321 facility specializing in the sale and installation of automobile accessories and auto detailing on property Approved located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. LOCATION: A portion of Lot F, Tract No. 919, located at 2906 West Coast Highway, on the northerly side of st Boulevard rd Highway, and between North Newport Riverside Avenue, in Mariner's Mile. ZONE: SP-5 APPLICANTS: Nancy & Robert Clark OWNER: Robert Brandy, Pauma Valley The public hearing was opened in connection r ith d before this item, and Mrs. Nancy Clark, applicant, app the Planning Commission. Mrs. Clark stated that she concurred with the findings and conditions in Exhibit "A" with the following exceptions. In reference to Condition No. 12 requesting containerized landscaping, ed in property Clark improvements sand that the property owner erwould benefit more by said improvements, Chairman Person pointed out that everyone benefits from landscaped improvements. In cern regarding Condition No. reference k 10reque ting a116footc6nin h wide dedication on West Coast Highway, Chairman Person explained that the condition only applies to the applicant's leasehold interest. In reference to Mrs. Clark's request for an explanation of Condition No. 21,."that the use mit shall e unless within 24 months•."eYChairman Pers6nr exercised explainedthatthe applicant must comply with the conditions of the use permit within 24 months from the date of approval. Discussion ensued between Mrs. Clark and Mr. Hewicker regarding the restriction of outdoor speaker systems. Discussion ensued between Mrs. Clark and Commissioner Merrill regarding the three permitted business signs that are currently located on the site. In reference to Condition No. 6 regarding automobile f y 1 COMMISSIONERS ROLL CALL Motion All Ayes MINUTES August 18, 1988 CITY OF NEWPORT BEACH detailing, Commissioner Merrill stated that auto detailing is only permitted indoors. In reference to Condition No. 15, Mr. Hewicker explained that the automobile wash area must consist of a curb, roof and wall so the wash water does not enter into the sewer system. Discussion ensued between Mrs. Clark and Commissioner Pomeroy regarding automobile window tinting, and Mrs. Clark stated that the customers are required to sign a disclaimer stating that it is illegal to tint automobile windows to a specific degree of intensity. mented that e has a Commissioner problem othat P the ocity mwh would allow illegal window tinting. In response to a question posed by Commissioner Di Sano, Mrs. Clark replied that the applicants do not intend to market tires and rims as accessory items, in areach as for they do not have an. appropriate parking installation purposes. 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 Commissioneapproved parking Merrill regarding Condition No. 2, the Mr. Hewicker replied that the circulation system is subject to review and approval by the City Traffic Engineer. In response to a question posed by Commissioner Merrill regarding a parking plan to depict the canvas covered area outside for, the automobile wash, William Ward, Senior Planner, replied that the app lit that the automobile detailing would be on the ground floor portion of the rear building and that the tented area would not be used for detailing. Commissioner Merrill suggested that the operating hours be restricted so as to curtail the noise from sound producing activities. Motion was made to approve Use Permit No. 3321 subject to the findings and conditions in Exhibit "A" including the addition of Condition No. 22 to state: "That the operating hours of sound producing activities, such as auto detailing and installation, shall be limited to between 7 a.m. to 7 p.m." Motion voted on, MOTION CARRIED. Findings: INDEX 6 COMMISSIONERS ROLL CALL MINUTVS• •• August 18, 1988 CITY OF NEWPORT BEACH 1. That the proposed use is consistent with the Land Use Element of the General Plan and the lAcal Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed project. 3. the Police Department has indicated that it does not contemplate any problems from the proposed operation. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5, That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. The approval of Use Permit No. 3321 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions, 1. That the proposed project shall be in substantial conformance with the approved site plan and floor plans, except as noted below. 2. That the on -site vehicular and pedestrian circulation system be subject to further review and approval by the City Traffic Engineer. Said parking .areas shall be appropriately striped in accordance with the approved parking plan. 3. That all employees shall be required to park their vehicles on -site. 4. That the doors to the installation bays in the front and rear buildings shall be designed in a manner so as to provide acceptable on -site circulation. The design of said doors shall be INDEX N COMMISSIONERS ROLL CALL �- MINUTES August 18, 1988 CITY OF NEWPORT BEACH subject to the approval of the City Traffic' Engineer. 5. That a minimum of 13 parking spaces shall be provided on -site except that when West Coast Highway is widened only 12 on -site parking spaces shall be required. and 6. That all detailing activitiesoshall be conducted within to building. The alarm systems shall not be sounded in the installation bay unless a mute device is in each case. That all stereo music shallbeinstalled dconfined to the interior of the building. 7. That the display of all products for sale shall be located within a building. econd he 8 That building shall be used forsfloor relat dofficestof the subject project and shall not be leased or rented to a separate tenant. 9. That all signs shall r 20.06 of be, in theance Newport Beach h the provisions of Chap permit is Municipal Code unless an exception p approved by the City. Said signs shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 10. That prior to the issuance of any building permits or implementation of the use permit, the lessee shall dedicate to the City for street and highway purposes, the lessee's interest in a 16 ft.-6 in.± wide parcel adjacent to West Coast Highway. II.,That no outdoor sound system or ilized paging device shall be utilized on -site. INDEX 12 ontainerizedlilandsc ping along cant shall l system That the the building frontage adjacent to West Coast Highway. Said landscaping shall be subject to the approval of the Planning Department and shall be installed prior to the implementation of the use permit. 13. That one handicapped parking space shall be and designated within the on -site parking area ea shall be used solely for handicapped self parking. COMMISSIONERS ROLL CALL (� MINUTES August 18, 1998 CITY OF NEWPORT BEACH INDEX Said parking space shall be accessible to the handicapped at all times and shall be identified with a handicapped sign on a post. in the he 14. That Coastal Commission licant shall priortato the approval it issuance of building permits and the implementation of this use permit. 15. That no washing of automobiles shall ep permitted unless a washing area with appropriate equipped with a grease trap is installed within the ground floor portion of the rear building which is to be used for automobile detailing. 16. That all improvements be constructed as required by Ordinance and the Public Works Department, 17. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements- 18. That 6 foot wide sidewalk and drive apron be constructed and the existing utility box raised to grade along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transportaion within 120 days of approval of the subject Use Permit unless otherwise approved by the Public Works Department. 19. That all mechanical equipment and trash areas shall be screened from West Coast, Highway and adjoining properties anal shall be located in a manner which is consistent with the on -site parking design. 20. 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 tothe welfare safety, peace, morals, comfort, or general of the community. 21. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 22. That the operating hours of sound producing V MINUTES COMMISSIONERS ROLL CALL August 18, 1988 CITY OF NEWPORT BEACH INDEX activities such as auto detailing and installations shall be limited to 7 a.m. to 7 p.mweekdays and Saturdays. Item No.3 end a previously approved use permit which permitted Up3104A t construction of a multi -use aquatic center in the Un assified District. The proposed amendment involves Approved a r uest to revise the location of the previously appro d launching dock within the project and the Accevta a of an environmental document. IACATION\Beach tion of Lot 165, Irvine's 420 North Star sion, located at the northerly side of North Star asterly of White Cliffs Drive, in ff. ZONE:sified APPLICANNewport Beach and the Newport Beach A atic Center, Newport OWNER:f Ne ort Beach and the County of The public he was opene in connection with this item, and Curt Fleming, Preside t of the Newport Aquatic Center, and Bruce Ibbetson, m ber of the Board of Directors, appeared before the P1 ning Commission. In response to a question posed by airman Pers6n, Mr. Fleming replied that the applicau concur with the findings and conditions in Exhibit " Mr. Ibbetson described the ramp and the dock areas. Mr. Ibbetson and Chairman Pers6n discussed he ramp that would service the dock. In response to que tions posed by Mr. Ibbetson regarding Conditions No. 6 nd No. 7, Chairman Pers6n stated that said conditions w ld apply only during the construction phase of the proj t. In reference to Condition No. 12 regarding the loca on of the dock basin, Mr. Ibbetson explained that inte sted officials will be onsite during construction to be certain that necessary adjustments have been ma Commissioner Pomeroy suggested that Condition No. 12 b amended to state "That based on preliminary plans that I' CITY OF NEWPORT BEACH P.O. BOX 1768, NEW PORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3216 October 19, 1988 Mr. 6 Mrs. Robert Clark 2906 West Coast, Highway Newport Beach,•CA 92663 SUBJECT PROPERTY: 2906 West Coast Highway, Newport Beach, -California Dear Mr. and Mrs. Clark: Pursuant to our conversation on October 5, 1988, you are to discontinue all installation, detailing, and tinting practices until all of the conditions of Use Permit No. 3321 have been met. In order to satisfy these conditions, a letter has been enclosed which indicates the department responsible. for each condition and requires the signature of the department's representative verifying that the various conditions have been net. Condition No. 18, which requires that the drive apron be reconstructed and that the utility box be raised mast be completed within 120 days from the date of approval, (September 8, 1988) and not 60 days, which is the requirement for the remainder of the conditions. To discuss this matter, you may contact the undersigned between the hours of 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number. Thank you for your continued cooperation in helping us to resolve this matter. Very truly yours, PLANNING DEPARTMENT JAMES4HEWER, Director By Peter Carlson Asst. Code Enforcement Officer PC.,11 xc: Use Permit File 3300 Newport Boulevard, Newport Beach �a— CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT NAME Nancy and Robert Clark DATE October 18, 1911 ADDRESS 2906 W. Coast H CITY—Nsxaqmt Beach STATE__C __ ZIP CODE gZ60 At its meeting o Council on appea arrangements are conditions of ap from the date th became effective _X f the Planning Commission (or the City Unless other 1 or review) approved Use Permit No. 3. made with the Planning Department, allll of the attached ofor said use permit must be completed within 60 days proval it becomes effective. The subject use permit at the use Perm on -Sr h�oRR._. b ct roperty is located in the Coastal Zone. Prior to the ite in conjunction The su j e P issuance of building permits or occupancy of the s with the project approved by the City, a Coastal Development Permit must be approved by the Coastal Comm714io644-3200 Please cdetaOnt ils act a plan checker in the Planning Department at _ The subject property is not located in the Coastal Zone, and so a Coastal Development Permit is not required. der to completely satisfy the attached conditions of approval, the In orcontacted and signatures from authorized following City Departments must be personnel must be obtained to verify that said conditions have been met _ X Planning Department (Signature) (714) 644-3200 Conditions No. X Public Works Department_,_. (Signature) (714) 644-3311 Conditions No. 10 X_ Traffic and Parking Div. (Pub.Wks.Dept.)(Signature (714) 644-3344 Conditions No. 2 4 _ Building Department (Signature) (714)•644-3255 Conditions No. 3300 Newport Boulevard, Newport Beach 01 . A Page 2 QOther Department(#) (Signature) (Department) Conditions No. (Department) (Signature) .:Conditions No. Depall Please bring this letter to the Plannusstionsr feel free-ttment after o r tocontactt meat have been obtained. If you have any q (714) 644-3215. PLANNING DEPARTMENT JA S r Director aarlson Assistant Code Enforcement Officer PC:11 xc: Use Permit File e N CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3216 December 12, 1988 Mr. & Mrs. Robert Clark 2906 West Coast Highway Newport Beach, CA 92663 SUBJECT PROPERTY: 2906 West Coast Highway, Newport Beach, California Re: Use Permit no. 3321 Dear Mr. & Mrs. Clark: On October 19, 1988, you were informed by letter that all conditions of use Permit No. 3321 must be met by December 8, 1988 (sixty [60] days from the date of approval) and prior to the beginning of any installation, detailing, or tinting practices. Enclosed with that letter was a sign -off sheet requiring the signatures of the respective City departments verifying that appropriate conditions have been met. As of December 12, 1988, this sign off sheet has not been returned and the conditions of approval have not been met. Additionally, there continues to be a violation of Condition No. 7, which states that no products for sale shall be displayed outside the building. Therefore, within ten (10) days from the date of this letter, please take the following corrective actions: 1. Take all necessary steps so as to satisfy the conditions of approval associated with Use Permit No. 3321; 2. Return the form sent to you on October 19, 1988 with the signatures of the appropriate City departments so as to verify that these conditions have been met; and 3. Contact the undersigned on or before December 22, 1988 to schedule a reinspection appointment. Should you choose to ignore our request, then without any additional delay this matter will be referred to the Office of the City Attorney for appropriate action. To discuss this matter or to arrange for your reinspection appointment, you may contact Peter 'Carlson between the hours of 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number. 3300 Newport Boulevard, Newport Beach lje� Mr. & Mrs. Robert Clark Page two December 12, 1988 Very truly yours, PLANNING DEPARTMENT JAMES D. H R, Dir ctor By Peter Carlson Asst. Code Enforcement Officer Enclosures xe, Robert Brandy with enclosures CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 December 28, 1988 Mr. & Mrs. Robert Clark 2906 West Coast Highway Newport Beach, California 92663 Re: 2906 West Coast Hicthwav Use Permit No. 3321 Dear Mr. & Mrs. Clark: We have been informed by the Planning Department that your business is not in compliance with the conditions of use Permit No. 3321. On December 12, 1988, you were advised you had 10 days to comply with the conditions of the Use Permit. A letter was sent to you requesting your cooperation in this matter. Since Asst. Code Enforcement Officer, Peter Carlson, still reports non- compliance, the matter has been referred to this office for further action. Mr. Carlson has also informed this office you do not have a permit for your sign and that there may be a problem with the direction of its illumination into the residences on Cliff Drive. In an effort to resolve this matter without resort to court action, an office conference in our offices has been scheduled for January 10, 1988, at 3:30 P.M. Failure to promply reschedule the office conference or to actually appear as scheduled, will result in this office 'taking appropriate legal action based upon available information. Your anticipated cooperation appreciated. VeIoAtaddeko urs Ca Assistant City Attorney in this matter will be most CAK/gps cc: Mr. Peter Carlson, Planning Department 3300 Newport Boulevard, Newport Beach I7 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644.3131 January 31, 1989 Ms. Nancy Clark Newport Sound Waves 2906 West Coast Highway Newport Beach, CA 92663 Dear Ms. Clark: This letter will confirm. your latest agreement to comply with the conditions of Use Permit No. 3321: Items to be complied with immediately: The display of all products for sale shall be located within a building; 2. The offices located on the second floor of the rear building shall be used only for the business of Newport Sound Waves and'shall not be leased, rented,.or occupied by a separate tenant; V/3. The lights illuminating the exterior sign shall be adjusted so as not to be visible from Cliff Drive; and 4. All installation, window tinting, and auto detailing must be performed within a building. Items to be complied with no later than March 1 1989: 5. Dedication to the City, for street and highway purposes, of your interest in a 16 foot, 6 inch wide parcel adjacent to West Coast Highway; 6. Approval of the Coastal Commission, per item 14 of your Use Permit; and 7, substantial progress toward the completion of the the required sidewalk and drive apron, including the receipt of necessary permits from the City and from Caltrans. It is our understanding that you will also submit plans for sitriping the parking areas. 3300 Newport Boulevard, Newport Beach Please be advised that this office will have no option but to proceed with legal enforcement action should you fail to meet the terms of your latest agreement, which may include the revocation of your conditional Use Permit. truly yours,. Robert D. Bills Law clerk RDB/jc Wi i CITY OF NE'WPORT PEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 (714) 644.3131 Robert Brandy 17372 Eastman Street Irvine, CA 92714 March 23, 1989 Re: 2906 W. coast Hiahwav Newport Beach . Dear Mr. Brandy: Thank you for taking the time to meet with Nancy Clark, Cameron Quinn and myself. I am encouraged that you and Nancy appear to be working together and look forward to a resolution of this matter. As we discussed, the City of Newport Beach regularly specifies that curbs and sidewalks must be brought up to current standards before issuing a Use Permit to businesses operating within the City. As I explained, any future tenant in possession of your property at 2906 W. Coast Highway may be subject to the same requirements as the Clarks, therefore it may be in your best interest to work with the Clarks in completing the improvements required by Use Permit No. 3321. However, the decision is entirely yours. I will be forwarding, under separate cover, copies of legal authority for the conditions imposed by the City and a copy of the permit agreement signed by the Clarks. I will also contact Mr. Quinn on a regular basis in order that the requisite improvements be completed in a timely manner.' Rely, c Robert D. Bills Law Clerk RDB/mll enclosure cc: Cameron Quinn, Esquire N Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT REACH, CA 92658-8915 (714)644-3131 May is, 1989 Ms. Nancy Clark Newport Sound Waves 2906 W. Coast Highway Newport Beach, California 92663 Re: violation of Use Permit No. 3321, 2906 W. Coast Highway Dear Ms. Clark: As you are well aware, Conditional Use Permit No. 33211 under which you are permitted to conduct Newport Sound Waves, specifically requires that all installation, window tinting and auto detailing activities be performed within a building, and never outdoors. This office has received numerous reports -; that 'installation activities -are being performed outdoors on a regular basis.. I have witnessed these activities myself, including work :performed outdoors this morning. Please be advised that this office cannot allow the continued violation of the conditions of your Use Permit. You are hereby instructed to immediately cease all further outdoor installation, window tinting and _auto detailing activities. Any further violation will result in a recommendation to the Planning commission that Use Permit No. 3321 be immediately revoked. ;jcerelyl Robert D. Bills Law Clerk RDB:jg cc: Cameron Quinn, Esq. 3300 Newport Boulevard, Newport Beach ai f en AMWAPORP5409A4 WNVa 2l06 w. AfW. /e,/WN ofhJeAM& A'sOArAY r New^wr 2pswo "Virs 2"6 w, c049TAWr. , 7.-; l iPt,oT PAAN 6 Sr+ a3 i ,� . , _ �.._....i_ - — —� _ - _ -- � --- � � � �f -i- ! � � �I _ _ (I __r�,! i. / i � -� .� I � I'I I i � I � � 1 I' i � �I �i � i . � ,; r - - '- - � ; , � �� . i r :�..� =� _ � � r .._. � �a � � .`.!w; •ice . c"�-".f�.� Fw: � � �� :-, � mow. _r l'`:\�\•.:�4.. ay'if 1 m r I M � � \T, _ r. low n . - ,r�..h �w - � `i i, ..-�-®-as..�� -- p T-.iS G;a"c ,;rat �G u&su` --r"' :� =-•r. r .1 ( � r � ' ' �3 1 • r � k 'i ` w I e'w • I i I ty�� _e ""'a°�. �"'� T ,�. c, • ,,iffyy}}��j�j�j�I� Yy�R�'�1 $.. CAMERON DAMES QUINN ATTORNEY AT LAW TELEPHONE (714)673.2091 March 1, 1989 Robert Bills, Esq. Office of the City Attorney City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 CANNERY VILLAGE 430 31ST STREET NEWPORT BEACH, CALIFORNIA 92663 RE: Robert & Nancy Clark, Lessees 2906 W. Coast Hwy., Newport Beach, CA 92660 Use Permit # 3321 Dear Mr. Bills: Thank you for your courtesy on the telephone in our discussion as to the above -referenced Robert & Nancy Clark and the pending/ conditional application for a use permit. I represent said parties and am in hopes of having the owner of the subject premises pay for any and all requisite improvements of the side- walk and drive apron. As per the suggestion of Peter like to have a meeting in your landlord; Mr. Brandy. Carlson and yourself, I would offices with the Clarks and the If I may, I shall call your office on Monday to arrange same. Sincerely, Cameron James Quinn Attorney at Law CJQ/nq cc: Robert & Nancy Clark CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 January 10, 1989 Mr. and Mrs. Robert Clark 2906 West Coast Highway Newport Beach, CA 92663 Re: 2906 West Coast HiahwaV, Use Permit No. 3321 Dear Mr. and Mrs. Clark: This letter will confirm that the hearing on the above matter which was previously set for January 10, 1989, has been continued to January 24, 1989 at 3:30 P.M. Very truly/yours, CW) Carol A. Korade Assistant City Attorney CAK/jc cc: Mr. Peter Carlson, Planning Department r i cell, - +✓ AN nn FD RN10" 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 December 28, 1988 Mr. & Mrs. Robert Clark 2906 West Coast Highway Newport Beach, California 92663 Re: 2906 West Coast Highway, Use Permit No. 3321 Dear Mr. & Mrs. Clark: We have been informed by the Planning Department that your business is not in compliance with the conditions of use Permit No. 3321. On December 12, 1988, you were advised you had 10 days to comply with the conditions of the Use Permit. A letter was sent to you requesting your cooperation in this matter. Since Asst. Code Enforcement Officer, Peter Carlson, still reports non- compliance, the matter has been referred to this office for further action. Mr. Carlson has also informed this office you do not have a permit for your sign and that there may be a problem with the direction of its illumination into the residences on Cliff Drive. In an effort to resolve this matter without resort to court action, an office conference in our offices has been scheduled for January 10, 1988, at 3:30 P.M. Failure to promply reschedule the office conference or to actually appear as scheduled, will result in this office taking appropriate legal action based upon available information. Your anticipated cooperation in this matter will be most appreciated. Ve truly ours c� Ca o JA. a Assistant City Attorney &�� CAK/gps cc: Mr. Peter Carlson, Planning Department \ 9 3300 Newport Boulevard, Newport Beach ENFORCEMENT REQUEST To: City ^ torney's Office Date: From: f �� : Extens•ion: Re: Address : • 0790 6 Gri- Coif �f�wi PROPERTY ADDRESS: OWNER'S NAME AND ADDRESS: DESCRIPTION OF CURRENT VIOLATIONS (Be sure to include a copy of all records and photos on file that establish - violations and copies of pertinent documents and correspondence): MUNICIPAL CODE SECTIONS (Attach copy): BACKGROUND INFORMATION: A. Prior inspections: B. Chronology: Date Action SPECIAL PROBLEMS OR INFORMATION: REQUESTED ACTION: DISPOSITION SUMMMY FORM A (OtQ4 . DATE •rt �� COUNCIL CITY MANAGER DEPUTY CITY MGR ATTORNEY BUILDING BUSINESS LIC. CITY CLERK DATA PROCESSING DUPLICATING FINANCE FIRE ❑ GENERAL SERVICES ❑ LIBRARY ❑ MARINE ❑ PARKS & REC. ❑ PAYROLL PUBLIC WORKS PURCHASING TRAFFIC UTILITIES TELECOMM. FO ❑ FILE CE ON & DISPOSITION FORMATION ❑ REVIEW & COMMENT ❑ RETURN CITY ATTORNEY FROM: CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM September 11, 1991 TO: Jim Sinasek, Code Enforcement Supervisor FROM: Lee S. Burke, Contract Attorney SUBJ: 2906 West Coast Highway "Newport Soundwaves" Please advise me at your earliest convenience whether "Newport Soundwaves" is now in full compliance with the permanent injunction entered against them on August 9, 1991. If they are not in compliance with any of the terms of the injunction, we need to document the violation with photographs (large color glossy's taken by the Police Department would be ideal) and declarations. If a contempt hearing is now put on the Court calendar, the Clarks have absolutely no option but to comply fully with every term and condition of the injunction, or else face punishment by the Court of a $1,000.00 fine or five days jail time for each separate violation of the order. If a contempt hearing needs to be set, I suggest that you take an additional witness along with you to document each and every violation you observe. This way we will have two witnesses who can present live testimony at the time of the hearing. Ci LSB:gr gr/sinclark.mem 1 1/ .L 31TY OF NEN'i ZY UFf.CH SEP 111991 AM Pill 718`9110ID11213-1213141516 BASE ** ACTIVITY PROCESSING ** 10/18/91 PLANCHECK N0: 524-91 07:21 TYPE: PLANCK PLAN CHECK LOG -------------------------------------------------------------------------------- STATUS: PLAN CK INITIATE ROUTING: N DATES: APPLIED: 040591 APPROVED: COMPLETED: TO EXPIRE: PERCENT COMPLETED: TITLE: COMM GARAGE ADD (B9126758) VALUATION: 61000 DESCRIPTION: COMM GARAGE ADD 480 SQ.FT. CONSTR: ADD ADDRESS N0: 2906 DxR: W STREET: COAST HWY ID: STRUCTURE: FLOOR: UNIT: PARCEL No: OWNER: CLARK ROBERT & NANCY PUB OWN: N OCCUPANCY: B2 CLASS CODE: 437 NO OF BLDGS: 1 HOUSE UNITS: APPLICANT: SERVICE CONTRACTING ADDRESS• 2081 BUSIN CT PHONE: 714-851-1680 IRVINE, CA 692715-165 INSP AREA: VAL. BY: TECH ---------------------------------------------------------:---------------------- PROJECT: COMM GARAGE ADD (B91267580 ENTERED. 04/05/91 BY: BLDGTECH ENTER KEYWORD: PEOPLE Fl F2 F3 HARD 23 16 F5 CLEAR FIND NEW RETURN ** ACTIVITY DATA ** Plancheck No 524-91 COMM GARAGE ADD (B9126758) Applicant: SERVICE CONTRACTING Location: 2906 W COAST HWY Description Data ---------------------------------- 4-17-91 SA 4-17 91 YES SERVICE CONTR 061791 / Ready to Issue By > 10/18/91 07.28 Type: PLANCK• Status: PLAN CK Table: 90BLG-DAT-01 Seq: 01 APPR ** ACTIVITY APPROVALS ** Plancheck No 524-91 COMM GARAGE ADD (B9126758) Applicant: SERVICE CONTRACTING Location: 2906 W COAST HWY No. Dept/Date Act By Comments or Conditions No: 10 18 91 07.27 Type: PLANCK Status: PLAN CK RECEIVED i3i PLANNING DEPARTMENT CITY OF NEWPORT BEACH CITY OF NE:NPORT BEACH OFFICE OF THE CITY ATTORNEY AM AUG 19 1991 A August 19, 1991 TO: Jim Sinasek, Code Enforcement Supervisor FROM: Lee S. Burke, Contract Attorney SUBJ: City of Newport Beach v. Clark, et al. Attached are two copies of the Stipulated Judgment For Injunction And Order Thereon regarding the above -referenced matter. It is requested that you serve one copy of the Judgment on Nancy Clark and one copy on Robert Clark before September 3, 1991. A Proof Of Service for each Stipulated Judgment is also attached for your completion and signature. Thank you for your assistance in this matter LSB:gr Attachments gr/sinclark.2 TO : u � r,.* DATE ' COUNCIL CITY MANAGER DEPUTY CITY MGR. ATTORNEY BUILDING BUSINESS LIC. CITY CLERK DATA PROCESSING DUPLICATING FINANCE FIRE ❑ GENERAL SERVICES ❑ LIBRARY ❑ MARINE ❑ PARKS & REC. ❑ PAYROLL I-1 PERSONNEL " PUBLIC WORKS ❑ PURCHASING ❑ TRAFFIC ❑ UTILTPIES ❑ TELECOMM. FOR • ❑ EON &DISPOSITION RMATION ❑ W & COMMENT ❑ RETURN CITY ATTORNEY CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY July 12, 1991 TO: Jim Sinasek, Code Enforcement Supervisor FROM: Lee S. Burke, Contract Attorney SUBJ: 2906 West Coast Highway CNB v. Clark, et al., OCSC No. 63-16-14 Judge Ron Bauer has set an evaluation conference on the "Newport Soundwaves" case for August 9, 1991 at 9:00 a.m. This Court hearing is one of the final steps before a full trial on the matter. This office needs your input on current status of compliance at "Newport Soundwaves" and what remedial action, if any, you desire from the Clarks. I have attached a copy of the preliminary injunction issued March 20, 1991, setting forth the eight specific acts the Clarks are currently prohibited from doing. Please let me know whether the Clarks are in violation of any of these acts. Also, have they ever completed remodeling of the building as they were required to do under Use Permit (Amended) No. 3321? LSB:gr Attachment gr/sinclark.mem j ROBERT H. BURNHAM, City Attorney, #44926 MAR 2 0 1991 ROBIN FLORY, Assistant City Attorney, #123326 2 CITY OF NEWPORT BEACH GARY L. GRAIVILLE, County Clefk P. O. Box 1768 DEPUTY 3 3300 Newport Boulevard By Newport Beach, CA 92659-1768 4 714/644-3131 5 Attorneys for Plaintiff, City of Newport Beach 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE 10 CITY OF NEWPORT BEACH, ) CASE NO. 63-16-14 11 A Municipal Corporation, ) 12 13 14 15 16 17 18 11 20 211 221 23 24 25 26 27 28 Plaintiff, ) V. ) NANCY CLARK AND ROBERT CLARK, ) each individually and doing ) business as NEWPORT SOUND WAVES, ) ROBERT BRANDY, an individual, and ) DOES 1 through 10, inclusive, ) Defendants. 1 ORDER GRANTING PRELIMINARY INJUNCTION The above matter was heard in Department 23 on March 19, I1991, pursuant to Plaintiff's Motion for Preliminary Injunction. Lee S. Burke appeared as attorney for Plaintiff, City of Newport Beach, John T. Dean appeared as attorney for Defendants Nancy Clark, Robert Clark and Newport Soundwaves and Michael Ayers Iappeared as attorney for Defendant Robert Brandy. The matter having been fully argued and submitted with proof being made to the satisfaction of the Court and good cause appearing, IT IS HEREBY ORDERED that, during the pendency of this action for until further order of the Court, Defendants, Nancy and Robert Clark, and their agents, officers, employees and representatives Mgr/plead/clarkinj.rdr 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 are hereby enjoined from engaging in or performing any and all of the following acts: 1. Allowing, causing or engaging in the operation of a business facility open to the public on the property located at 2906 West Coast Highway, Newport Beach, California (hereinafter "the property") unless all of the conditions of Use Permit (Amended) No. 3321 are fully complied with; /2. Providing less than fourteen (14) parking spaces, 'including required handicapped parking, on the property; /3. Conducting outdoor installation activities on the property; 4. Allowing the Mercedes limousine (License No. GENRAL) or other vehicles to continuously park on the property in any designated parking space reserved for the public; 5. Maintaining any unscreened trash area on the property; 6. Utilizing any outdoor sound amplification or outdoor paging system on the property; 7. Maintaining, using or operating more than three (3) enclosed service bays on the property; S. Placing any chains across the driveway or parking area during business hours; and, IT IS FURTHER' ORDERED that the above injunction shall issue immediately without the posting of any undertaking by Plaintiff City of Newport Beach. DATED: e z U—�� RONALD L. BAUER Judge of the Superior Court gr/plead/clarkinj.rdr 2. Leo and Winifred Roth 2924 Cliff Drive Newport Beach, Ca2663 December 19, 1968 Mr. Petor Carlson, Planni g Dept. VIF — 0! 97 Newport Beach City Hall 3100 Newport Blvd. Newport Beach, Ca. Dear Sir: This is to confirm a complaint I made to you by t-lephone late last week. The subject of the complaint are two very bright lights used to illuminate advertising signs that are painted on the front of the building housing Newport Soundwaves at 2906 West Coast Highway in Newport Beach. Each light is mounted on th- end of a pipe or conduit which is roughly par-,llel to the roof and extends over the parapet s•vcral foot bevond the front of the building. Unfortunately they are high enough so that they also shine over the parapet into the eves of those looking in that general direction from Cliff Drive Park across tho street from us and from our, and some of our neighbors', houses. If they weren't so bright, or if they were lowered so that we couldn't look directly at them, there wouldn't be a problem. Howver, that' seem to be about the intensity of aircraft landing lights and eimed direcly at us. t � �,te� Do E D Gf, , °n'n8 aEC2aift _Ice for anything you are able his nuisance. 6 IWO y 7�z v., q, 'W'W. 1+1 ft 17;1 3' n A, Y 0 21,10 1, 14.1 _12 ,-Ity of Newport Beach ERMIT BuIldIng Department BUILDING P B-10 01 p.0, B04,t768, PLAN CHEC NO - Newport BWM, CA 92658-8915 APPLICATION Phone: (714) 644-3288 LOCALITY (CROSS STJ auILON2 RP TCONST. PROC SSZ By ADDRESS STAT. AREA YPE T SITE BLOCK TRACT 0 No LOT NO. use or GRADING APPROVAL REQUIRED YES 0 NO u Y ES STRUCT. PARKING LOT SIZE TEL SPA.-- OWNER SPEC. CORDS ADDRESS 1� ZIP CITY CONTRACTOR TEL. IS.... NO. ADDRESS i^o RS LS ZIP YARDS: RE ZONING FAIR SHARE CITY HE NORT APPROV L LICENSE' STATELIC 0. E $ LIC, EXCISE TAX CLASS TEL. APPROVAL ARCHITECT NO, DISTRICT OR ENGR- GRADING U7, -ZONE $ .m=PCVAL ZIPPLAN CHK SJHTC ADDRESS LIC.. B CITY NO. OTHER $ DESCRIPTION OF WORK REPAIR ❑ DEMOLISH Lj AP TOTAL $ New 13 ADD ALTER 0] TO KERS' COMPENSATION DECLARATION 'INSURE OR A CONSENT TO SELF 0 HEREBY AFFIRM THAT I HAVE A CERTIFICATE or COP OIL OR A CERTIFIED COPY ICERTIFICATE-op WORKERS' COMPENSATION HIOURAN Q Ir THEREOFR`E� 3000'"a" POLICY No cOMPANY— CERTIFIED COPY is HEREBY FURNISHED. 0 ❑ Tl,.Eo copy IS FILED WITH THE BUILDING DEPARTMENT. SIGNATURE I G N A TAUN"T' OF F APPLICANT LLI 1'-/ '1' APPLICANT 1A11 � ^p EXEMPTION FROM WORKIERb' a. ARATION CERTIFICATE OF LICENSED CONTRACTORS DECL ECOMPENSATION INSURANCE ONE HUNDRED UHOXR PROVISIONS Of CHAPTER 9 METED If THE PERMIT IS FOR z I MgRgsy AFFIRM THAT I AM LICENSED HIS SECTION NEED NOT BE COM ICOMM KCTION 70001 OF DIVISION 3 OF THE OUIRNEEIS AND aMLARS (11001 OR LESSJ RE FOR WHICH THIS PERMIT IS ENCINO WITH III ONCI AND EFFECT. 0 0 N pmorn 810 5 CODE AND My Uc9NS9 19 IN FULL F I CESTIFY THAT IN THE PERFORMANCE Or THE W MANNER SO AS 10 BECOME ANY ISSURD&I SHALL NOT EMPLOY ANY PERSON ill a or CALIFORNIA LID. No. � SUBJECT TO THC WORKERS' COMPENSATION LAW U,KN8KC"SS--� DATE— GATE APPLICANT CONTRACTOR OWNER -BUILDER DECLARATION MOTILE TO APPLICANT[ IF. AFTER MAKING THIS CERTIFICATE OF EXEMPTION YOU II WORKERS- cOmPeH 0 ON PROVISIONS OF THE SHOULD BECOME SOOJECT TO THI COMPLY WITH SUCH pnOVISIONSORTHIS PERMIT "sop CODE. YOU MUST FORTHWITH CON AM eXIMPT FROM Tilt CONTRACTOR'S LICENSE LAW FOR THE DEt ANY CITY OR SMALL at DEEMED REVOKED- ENCY VM DEMOLISH OR CONSTRUCTION LENDING AG 5 THIS APPLICANT a AGENCY FOR THE ED PURSUANT TO I CREDYAAFFIRM THAT THERE IS A CONSTRUCTION LEWDIN CIVIC.). ,,COMMENCING PE.. NCE OF THE WORK FOR WHICH THIS PERMIT IS ISSUCO (SEC 3097- salons COPE, OR EXEMPTION ANY ... PER'S NAME PERMIT SUBJECTS THE AFPLCANT TO A CIVIL p6NALTY OF NOi MORE THAN RVC HUNDRED DOLLARS ($500)31 LENDER'S ADDRESS � AND STATE THAT VHE ADOVe I HAVECAD THIS APPLICATION CRY AND COUNTY ES AS THEIR SOLE I CERTIFY T A I AGREE To COMPLY WITH ALL Cl NOT INTENDED OR S RELATING To BUILDING CONSTRUCTION. AND HEREBY E A 5T RE ENTER UPON THE COMp[N[ATION. WILL DO THL WOPN. AND TN[ STRUCTURE IS INFORMATION Cc 11INX COUNTY TO DNS COPE, THE H in PR EN AV ES FPTHI N P FOR S CV` OSES .1 U U F PROPERTY WHO U NT ED OPERT SELF OR THROUGH NOT INTENDED OR IMPPOVEM[NT 15 SOLD WITHIN I �13 I INC 0 .... , I I I 0 FOR SAL% If. HOW OF PROVING I Dom- ONE YEAR Or COMIL9110H THE OWNER-BUIL.I. WILL 0 THAT 2 010 NOT BUILD lil NpRoyc on THE punpose r SALEA 0 1 ASOWNWROPTHK PROPF`Vyy-AM KXCLUSIVELY CONTRACTING WITH UCE-Sco A I rPERulTVCC TH 1 7044 all,RHESS AND Otha PODS ....... CS NOT APPLY TO AN - -C.... LAW No WHO CONTRACTS a. ---TRA.TO-4.PI1(W1P` r-r-P-0- IT. 0 U.P. 0 T TO THE CONT. a RI Est Val- $ A .0.,. Cy..,S. I a PU perm((Fee $ OWNS ... toy ran SUCH R'. LC... LAWJ� CO.I.A.10 A Fail $ a ar C. I in iASOM ❑ Ad] Pic F:so $ 'KC'—' F1 I AM %XtMPT UNDER Val $ -4v— Total FINDS $ r It DATE �OWNER F OF VALIDATION OR T141S PERMIT BECOMES NULL AN. V11"' PERIOD ISOPAY5tKU-I"'� M.O. C WITHIN A PERIOD 0 ASH WORK MUST BE STARTED CASH PERMIT VALIDATION CK. CK. M.O. PLAN CHECK VALIDATION 11 ii.Z.0 TOIL 0 3 09/22/88 25172 . J - MEMO - PLANNING DEPARTMENT CITY OF NEWPORT BEACH DATE: June 13, 1990 TO. Robert Burnham, City Attorney FROM: Jim Sinasek, Code Enforcement Supervisor SUBJECT: Use Permit No. 3321 and 3321 (Amended) - Newport Sound Waves 2906 West Coast Highway, Newport Beach, CA Please be advised that this office has made considerable effort to help the owners of Newport Sound Waves, Nancy and Robert Clark, to resolve all the conditions of approval for the subject use permit. However, considering the apparent lack of interest and cooperation on the part of the owners, will your office please take appropriate action in order to help the City resolve the attached noted remaining conditions of approval. Please be advised, however, of the following additional information: 1. There is a violation of Condition No. 1 of Use Permit No. 3321 (Amended) since the northwesterly property line wall depicted originally on the submitted and approved plot plan has been removed. The project now is not in substantial conformance with the approved site plan approved by the Planning Commission at its January 4, 1990 meeting; 2. Condition No. 3 of Use Permit No. 3321 (Amended) refers to Use Permit No. 3321 approved August 18,1988. There are violations with respect to Condition No. 4 of that use permit which requires that installation bays be designed in a manner so as to provide acceptable on -site circulation. Also Condition No. 19 of that use permit requires that all mechanical and trash areas be screened from West Coast Highway. This problem was created by the removal of the property line wall originally shown on Use Permit No. 3321 and incorporated by reference in the January 4, 1990 approval; 3. Condition No. 4 of Use Permit No. 3321 (Amended) requires the striping and providing of 14 parking spaces where now there are only 10-spaces that have been restriped; and 4. With respect to Condition No. 11 of Use Permit No. 3321 (Amended), Nancy Clark now informs us that she cannot provide the reduced number of service bays from 5 to the required 3 bays. Thank you for your assistance in helping us to resolve this matter. 7 - 1 Use Permit No. 3321, dated August 18, 1988 Use Permit No. 3321 (Amended), approved January 4, 1990 - MEMO - PLANNING DEPARTMENT CITY OF NEWPORT BEACH DATE: June 8, 1990 TO: William R. Laycock, Current Planning Manager FROM: Jim Sinasek, Code Enforcement Supervisor SUBJECT: Use Permit No. 3321 - Newport Sound Waves 2906 West Coast Highway, Newport 'Beach The owner/applicants have made very minimal progress towards compliance with the January 4, 1990 conditions of approval, and are either very late to meetings scheduled to discuss their progress, or they neglect to attend the meetings at all. This Department has made considerable efforts to help resolve the problems remaining at the subject property. However, considering the lack of interest by the owner/applicants in cooperating with our requests, the Planning Director and the City Attorney recommend that this matter be referred back to the Planning Commission for revocation. 1 i u�Ti uCOM DATE: June 8, 1990 TO: William R. Laycock, Current Planning Manager '• ' . ' `. ' FROM: Jim Sinasek, Code Enforcement Supervisor SUBJECT: Use Permit No. 3321 - Newport Sound Waves 2906 West Coast Highway, Newport Beach The owner/applicants have made very minimal progress towards compliance with the January 4, 1990 conditions of approval, and are either very late to meetings scheduled to discuss their progress, or they neglect to attend the meetings at all. This Department has made considerable efforts to help resolve the problems remaining at the subject property. However, considering the lack of interest by the owner/applicants in cooperating with our requests, the Planning Director and the City Attorney recommend that this matter be referred back to the Planning Commission for revocation. COUNCIL CITY MANAGER DEPUTY CITY MGR. ATTORNEY BUILDING BUSINESS LIC. CITY CLERK DATA PROCESSING DUPLICATING FINANCE FIRE ❑ GENERAL SERVICES ❑ LIBRARY ❑ MARINE ❑ PARKS & REC. ❑ PAYROLL PUBLIC WORKS PURCHASING TRAFFIC UTILITIES TELECOMM. FOR •- ❑ ACTION & DISPOSITION TFORMATION ❑ REVIEW & COMMENT ❑ RETURN FROM: CITY ATTORNEY CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (714) 644-3131 April 17, 1991 John Theodore Dean Attorney at Law 2678 Raven Circle P. O. Box 2906 Corona, CA 92501 Re: City of Newport Beach v. Clark, et al.; Violation Of Preliminary Injunction Dear Mr. Dean: I am writing to advise you that it appears that your clients, Nancy and Robert Clark, dba "Newport Soundwaves", are in violation of the Preliminary Injunction issued March 20, 1991, by Judge Ronald L. Bauer. Although the Clarks have removed the Mercedes limousine from the front parking space on the property, a beautiful, cream -colored classic automobile (License No. JACK 36) now sits in the front parking space continuously during daytime hours. Paragraph 4 of the Preliminary Injunction specifically enjoins the Clarks, and their agents, officers, employees and representatives, from allowing any vehicle to continuously park on the property in any designated parking space reserved for the public. Photographs and necessary documentation is now being prepared by the Cityito pursue an order to Show Cause Re: Contempt hearing against the Clarks. Although the City could commence contempt proceedings against the Clarks immediately, I am giving you the courtesy of prior written notification of this violation in the hopes that you may contact your clients and advise them of the imminent contempt enforcement about to be brought against them. The City will withhold the filing of contempt papers for six days from the date of this letter. If the Clarks are not in full compliance with the Preliminary Injunction by Tuesday, April 23, 1991, the City will proceed to set a contempt hearing. 3300 Newport Boulevard, Newport Beach J John Theodore Dean April 17, 1991 Page 2 I sincerely hope you can prevail upon your clients to obey the Preliminary Injunction without resort to court enforcement. I am sure neither you nor the Clarks wish to involve yourself with any additional (and completely avoidable) court hearings. Very truly yo 4 IL Le S. Burke, Attorney for City of Newport Beach LSB:gr cc:.,'Jim Sinasek, Code Enforcement Supervisor gr/deanviol.ltr CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 PLANNING DEPARTMENT - (714) 644-3215 April 17, 1990 Newport Soundwaves 2906 West Coast Highway Newport Beach, CA 92663 Attention: Nancy Clark SUBJECT PROPERTY: 2906 West Coast Highway, Newport Beach, CA 92663 Re: Use Permit No. 3321 (Amended) Dear Mrs. Clark: Since• you are apparently reluctant to cooperate with this office to satisfy the Conditions of Approval of your use permit, and since you failed to keep our April 11, 1990 appointment, this matter is again being referred to the Office of the City Attorney for appropriate action. To discuss this letter, you should contact Elaine Uda between 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By - Elaine Uda Code Enforcement Officer EU:11 xc: Use Permit Pile No. 3321 (Amended) 3300 Newport Boulevard, Newport Beach / y r 1 F - DECLARATION - PLANNING DEPARTMENT CITY OF NEWPORT BEACH DATE: November 8, 1990 TO: City Attorney FROM: Jim Sinasek, Code Enforcement Supervisor SUBJECT: Newport Sound Waves, 2906 West Coast Hwy., Newport Beach, CA I, James M. Sinasek, hereby declare that on November 7, 1990 numerous conditions were observed at the subject property as follows: 1. A sign denoting "customers, our insurance prohibits anybody from entering the work area - we have provided a lounge for your convenience". This sign thereby provides a psychological barrier to the required public parking area chained- off to the rear of the above noted sign; a. Below this sign is a chain that has been installed which may preclude access to the required parking area for the public; 2. Four vehicles were observed at the rear of the subject property, two of those vehicles appear to be abandoned, the third vehicle (a white van) may have been left over -night for service. A large panel truck was also left on the subject property; 4. The parking area at the rear of the secondary structure is quite unkept and this area (including a trash receptacle) is visible from the next door property. 5. At the rear of the front structure and between the front and rear structures there were saw horses set up with plywood on top of the saw horses. Extension cords were located on the ground in the area of the saw horses. This area appears to be utilized as a service bay. 6. The 460 square foot addition shown on the alternative parking plan and the 48 square foot addition also shown on the alternative parking plan have not been completed; 7. Under the stairway of the rear structure is a speaker used for exterior sound amplification. When customers enter the facilities, employees are called to assist those customers at the front of the building; City Attorney November 8, 1990 Page 2 8. At the front of the property there is a Mercedes limousine (License No. GEN RAL) which is frequently parked in one of the designated public parking spaces which are intended to remain available for the public. :his declaration Plot Plan with Notes w 'I n r � b 1 1 I I � I �'---- �98.S4.Ft Am L __ _ • I r � / / /:/ 56'_ SG. �G r`r" JiDDITIDN� 7 / : 12 1 t�o /�iQDf�//3/71f-12 41� ALMINATIVE NFsw�or�� .-SSovivoW,�r/�3 - - DISPOSITION SUMMARY FORM DISPOSITION SM99ARY FORM o fLG-�G,yG�au Cam, , y /7-fe t --" DATE ME LI 0 TO:O MAYOR 0 FIRE COUNCIL O GENERALSERV. 0 MANAGER O LIBRARY O ASST. TO MGR. 0 MARINE 0 EXEC. ASST. 0 PARKS & REC. O ATTORNEY 0 PERSONNEL O BUILDINGPLANNING O CITY CLERK POLICE 0 DATA PROCESS. O PUBLIC WORKS I] DUPLICATING 0 PURCHASING 0 FINANCE 0 TRAFFIC 0 BUSINESS LIC. O UTILITIES FOR: CTION & DISPOSITION ❑ FILE ❑ INFORMATION ❑ REVIEW & COMMENT ❑ RETURN REMARKS: FRG)yy ATTORNE DATE ❑ T�' MAYOR ❑ FIRE ❑ COUNCIL ❑ GENERAL SERV. ❑ MANAGER ❑ LIBRARY ❑ ASST. TO MGR. ❑ MARINE ❑ EXEC. ASST. ❑ PARKS & REC. ❑ ATTORNEY ❑ PERSONNEL ❑ BUILDING ❑ PLANNING ❑ CITY CLERK ❑ POLICE ❑ DATA PROCESS. ❑ PUBLIC WORKS ❑ DUPLICATING ❑ PURCHASING ❑ FINANCE ❑ TRAFFIC ❑ BUSINESS LIC. ❑ UTILITIES FOR: ❑ ACTION & DISPOSITION ❑ FILE 0 INFORMATION ❑ REVIEW & COMMENT ❑ RETURN REMARKS: CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY January 21, 1991 TO: Elaine Uda, Code Enforcement Officer FROM: Lee Burke, Contract Attorney SUBJ: 2906 West Coast Highway, Newport Beach "Newport Soundwaves" As the new attorney assisting with Code Enforcement, I need your input on this file. I am ready to go into court for a Preliminary Injunction against Newport Soundwaves, but need Declarations from every Code Enforcement Officer who has ever inspected this address. Robin Flory advises me that you may have worked on this matter. If so, please summarize when you were there and what violations you noticed. If not, please let me know you have not gone to this location. Thank you for your help! n Le Bur LSB:gr gr/abeluda.mem RECLIViLL, UV PLANNING DEPARTMENT CITY OF NEWPORT BEACP AM JAN 2 2 1991 PPI 718,9110,11,12111218141516 A - MEMO - PLANNING DEPARTMENT CITY OF NEWPORT BEACH DATE: -June 8, 1990 ' TO: William R. Laycock, Current Planning Manager FROM: Jim Sinasek, Code Enforcement Supervisor SUBJECT: Use Permit No. 3321 - Newport Sound Waves 2906 West Coast Highway, Newport Beach The owner/applicants have made very minimal progress towards compliance with the January 4, 1990 conditions of approval, and are either very late to meetings scheduled to discuss their progress, or they neglect to attend the meetings at all. This Department has made considerable efforts to help resolve the problems remaining at the subject property. However, considering the lack of interest by the owner/applicants in cooperating with our requests, the Planning Director and the City Attorney recommend that this matter be referred back to the Planning Commission for revocation.