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HomeMy WebLinkAboutEXCEPTION PERMIT 421 I aZ2, 1991:' MINUTE COMMISSIONERS ugust a Ci`t'Y OF NEWPOR"T' BEACH Itaol`x ROLLS CALL 8. at overhead utilities serving the site be undergrounded to the earest appropriate pole in 'accordance with Section 19.24. of the Municipal Code. 9. That Coastal mission approval shall be obtained prior to the recordation the parcel map. 10. That a park dedication fee r one dwelling unit shall be paid in accordance with Chap 19.50 of the Municipal Code, 11. That this resubdivision shall. expire if the mm has not been recorded within 3 years of the date of approval, nless an extension is granted by the Planning Commission. w.. IItem N0.5 In response to a question posed by Commissioner i3ebay, Don Webb, City Engineer, explained thatstaff does not abject to the sight distance because the angle of the street ali'tm visibility behind the sign. fie. further explained that staff is concerned with the arrow that points toward the parking structure, and lie said that the arrow may encourage an illegal `left turn onto Palm. Street between 10:00 a.m. and 5:00 p.m. Commissioner Debay referred to the letter from the Balboa Peninsula Point Association dated August 22, 1991, stating the Association's opposition to the requested off -site sign. On the basis of staffs recommendations, Commissioner Pomeroy Motion made a motion to deny Exceptian Permit No. 42 subject to the findings and conditions in Exhibit "B" In response to a question posed by Commissioner Cross, Robin Flory, Assistant City Attorney, explained that the applicant will be required to remove the sign after the end of the 21 day appeal period, unless the application is appealed to the City Council, Augu 991 -1 August -MIN E GOMMISSIO NERIS, I CITY OF NEWPORTI SE#ACH ROLL CALL INDEX 4. That no other facility in the area has signage as requested at an off -site location. 5. That the existing generic directional sign provided on public property gives adequate direction to the location of "Parking, Restaurants, Shops and Sportfishing" without encouraging any illegal vehicular maneuverability at the .corner of Palm. Street and &w Balboa Boulevard. G. That approval of this request could set a precedent for future applications for off -site directional signs in the area. *he Planning Commission recessed at 9:05 p.m. and reconvened at :15 P.M. I �Ue Permit No. 3110 (Amended) (Public Fleadug) it No.6 Reque to amend a previously approved use permit that permitted UP3110A ;the addit, of on -sale. beer and wine and tandem parking spaces to an existin ae k -out restaurant in the '.'Specialty. Retail" area of bp2Loyqd the Cannery Vi e/McFadden Square Specific. Plan Are.a. The m �mendexisting proposed in t involves a�request to convert an � xi's g e a into additional seating area to be used second floor storage 9 after 6: r e existing its allows no 00 p.m. 'daily wh as the ng use perm further expansion of the exi g seating area. LOCATION: Lot 20 Bloc 431, Laricaster's Addition, located at 3112 ewport Boulevard, on the easterly side of Ne ort Boulevard, between 31st Street and.32nd , eetj in the Cannery Village/,McFadden Squar eci fie Plan Area.: ZONE: SP-6 APPLICANTS: Mark Wilihoit and Ed O'Neill N each ewpo OWNER: Robert Mah, Htintington.Beach TO: Planning Commission FROM: Planning Department SUBJECT: Exception Permit No, 42 Discussionl Reque t to retain an existing as -built off -site directional sign for the Newport Landing Restaurant and Sportfishing facility on property located in the C-1 District. LOCATION: Lot 13-16, Block 5, Balboa Tract, located at 51.0 East Balboa Boulevard, on the northwesterly corner of Palm Street. and East Balboa Boulevard, in Central Balboa. ZONE: C-1 APPLICANT: Newport Landing Restaurant and Sportfishing, Irvine OWNER: Thomas Lewis, Balboa Ap 1�..liS2� This is a request to permit the retention of an existing off. -site directional sign for the Newport Landing and Sportfishing facility. Section 20.06.060 of 'T'he Newport Beach Municipal Code provides that off -site signs are subject to securing the approval of an exception permit by the Planning Commission as outlined in 7-, clion 20.06.060 of the TO Plan Commission - 2 g The proposal is consistent with the Land Use Element policies and guidelines and the Land Use Plan of the Local Coastal Program. eject Proprerly and Surro�n�..i i t The subject property, which is the location of the off -site sign, is currently occupied by t1 liquor store and is located on the northwesterly corner of East Balboa Boulevard and Palrn Street. The existing sign advertises the Newport Landing Restaurant, the Sportfishing facility and related parking, located in the Edgewater Place complex, and is directional in nature. The Edgewater Place commercial complex contains a mixture of shops and restaurants, and is located northerly of of the intersection of East Balboa Boulevard and Palm Street. To the north, is the Class of'42 Restaurant; to the east, across Palm Street, is a bank; to the south, across East Balboa Boulevard are commercial uses; and to the west, across a 10 foot wide alley, is Winchell's Donut Shop. Background Un Jame 7, 1954, the Planning Commission approved Use Permit No. 3070 which permitted the conversion of a two-story commercial building into the Newport Landing Restaurant facility with on -sale alcoholic beverages, live entertainment and dancing on property located at 503 Edgewater Place. The proposal also included a modification to the Zoning Code so as to allow the use of tandem and compact parking spaces in conjunction with a valet parking service, the acceptance of an off -site parking agreement for a portion of the At its meeting of. September 8, 1988, the Planning Commission approved Exception Permll No. 30 (Amended), a request to amend the previous approval so as to allow additiorntll signage in conjunction with a retail tee-shirt and sunglasses shop. The total area of all wall signage was increased to :354* sq.ft. with 206± sq.ft. to be located on the exterior facades of the building. On February 10,1991, the Code Enforcement Division notified the applicant by letter of the necessity for an Exception Permit for the off -site sign. The applicant responded with an explanation of the sign's necessity by letter dated March 1, 1991. On April 10, 1991, a second letter from Code Enforcement was sent to the applicant and his response dated April 15, 1991 explaining his intention to submit an exception application wa's subsequently received. Copies of the correspondence are attached for the Commission'4 information. nisi The applicant is requesting to retain an existing off -site directional sign which is located on the corner of East Balboa .Boulevard and Palm Street on an existing pole sign. The sign has been added to an existing pale sign and the off -site sign itself measures 65 inches by 80 inches with an overall area of approximately 36 square feet. The non -illuminated sign is single -faced and may be viewed only from motorists or pedestrians travelling easterly on CUSIOmeIS IU Ille PUTT lllg LUI UlG 111GWYUl L e.AUJU1.11r, nUaLaU1a1JL aJJU JPUI wasiu.& J 1iu 256 stall parking facility is not visible from Balboa Boulevard and the customers have extreme difficulty in locating it or identifying it as a parking facility due to its design, In order for public and patrons to be `directed to off-street parking structure serving Newport Landing Restaurant and Sportbshing." 3. Why is an exception n vermin necessary to Qrotect asubstantial propcny—byhtl "Ownership of businesses involved is not enjoying same exposure to public as other similar businesses because potential customers are not able to locate businesses." 4. Why will the proposal not be detriment e ' bborhood? "It relocates the larger permitted off -site sign from a residential district to a commercial district closer to the property and expanded parking structure built to support it," j Existing Off -Site Sian The applicant, in his statement of support, states that the subject sign is replacing a sign which was previously permitted to be located in a residential district at 41.0 East Balboa Boulevard. Staff is not familiar with the sign to which the applicant is referring. Staff could find no record with the Building Department fnr a sign in the 400 Block of East Balboa Boulevard, other than those associated with the commercial buildings on the north side of East Balboa .Boulevard. However, there is a directional sign located on a City streetlight which indicates "Parking,Restaurant.;, and Sports Fishing' and which directs traffic onto Adams Street (see attached Vicinity Map and photograhs of. sign).It should be noted, at-- A .1 i,.......a :- &t... ..4r�...� ...l.i..h .�ri�..i i�esn rii Me�nl nnnane i�n4rt tbf1.-k elf ;n" Vf+ ' . ilv4%' M"r TO: Planning Cornmissi+on - 5 Si2ecific Findings and ReommendationS It is staffs opinion that the subject signage is not reasonable in that it may encourage persons to perform an illegal vehicular manuever which could also create.a traffic hazard for traffic proceeding easterly on East Balboa Boulevard. It seems that to expect visibility of the restaurant facility from East Balboa Boulevard may not be realistic due to the distance of the property from East Balboa Boulevard. Should the Planning Cormission wish to approve this application, the findings and conditions set forth in the attached Exhibit "A are suggested. Should the Planning Commission desire to deny. this application the findings in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By JAVIER S. GARCIA Senior Planner I FINDINGS: 1. That thews -built sign is compatible with surrounding 1wid uses. 2. That the as -built sign will not have, any significant environmental impact. 3. That the as-buiit signage is consistent with the character and design of the subject property. 4. That the sign is oriented toward traffic entering the Fun Zone Area of Balboa. FINDINO: 1. That the Planning Commission determined that in this cease, the location of the as -built sign would be detrimental to persons, property and improvements in the neighborhood, and that the applicant's request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 2. That there are no exceptional or extraordinary circumstances involved with the property which make the signage necessary to achieve the identification of the Newport Landing Restaurant and Sportfishing facility. 't i 1 1 t � . ? { � 1 - ti ✓ f: -) d J it } f1 k�tp I r 1 }•i t f �.�• P 3f 1 r .Tl li Ms. Lisa Clemmer March i, 1991 Page Two �l. Thank you for your assistance with this matter. Should'you htjv<r any questions or need any additional information at this pof lit, please do not hesitate to write to me at the above address qt! +O call me at 251-4880. Very truly, Douglas L. Salisbury, -- President General Partner/Landing Associates DLS:sd x} t s x° t �f Dear Mr. Salisbury: On February 19, 1991 this office addressed a letter to you requesting that you either remove the off -site sign located at 510 East Balboa Boulevard or obtain an exception permit, which requires approval from the Planning Commission. In your letter of March 1, 1991 yoxi requested that we send you an application for an City of Newport Beach Post Office Box 1768 Newport Beach, California 92659 Re: Off -Site Directional'!Signing Newport Landing Exception Permit Dear Lisa: I am in receipt of your letter of April 15th and want to take this opportunity to bring you up-to-date on our progress. A%♦ J1 A%C.J. .PWJl David Salisbury, f _ 'n Oda a Q.. b: ,,`s { r . to zoo j on ;Von �Wall, 1 JJ on a t1ppowwasniq but r arby in lif "Joy: tot"! "Pengly oWwro: porn, 1 f r• 5 / t t�' � 3 t �A J t ��` j A.1 �. C �C },. a i t � '�� .� x � i�. �i� .l. � t. 7 isa qqP a.,.4 .v',.7 { 7 ft 1 1 � � e �� .\ . ,. .�t,,. ,L� .�� . , _ ."'`�',F..'?'��l+�,,. �-'} ...t;,, e3,d. s,"� s�, ' .. �� ,., _, ....� ...Z�."r,#:ii: ;'Fl,f%.„s7'.i; 'ka�wr .�!�l �L f .ntF �.� !: i. 9 .r j 1 i( x �J;i z„ �l r ,. .a �fr. �, A .. � ,. :NT�tl'F.ISI�S ,rwa�� \ INC. August 7, V%A PAX 171250 yµ��g ayyQ Az s { Pl'anning <i�ap�rtmant°`;F rY ,, Pr�� Offios37tci�C.76 F rt k NOwpart il�dk94tih i� C'�11 `C9Yh �', 92658-8915 t � ` Re Exception Permit Application' ;Zlo East Balboa Raulevsrd Dear Dana: As a follow-up to our telephone conversation of this morning, i have enclosed herewith a.copy of the Exception Permit Application which was filed .with Liza on July 27th. This copy was executed by „ Thoma+s, R. Lewis, the :fee owner of the of site,, sign located at 510 kadt Balboa Boulovaird ar'., . T.idw3 8 . ia... in' full support ` of the wnrl i nA -ion filod by T wQn4ng' haaooiatoa.... . As additional. supgo t , to our application ;Por the ©ff-site directional, signing, , ,'.I would like,., Staff to :: be .: awdr4 of the final Central "Balboa:: ParkingF end ;'Circulation ,Study" ;,+which was just'< recently completed .for, die ci. r ,of` Nac csrt :B�e►oh `Austin -Foust so iatea, ; ?tno. Althra thin study. and ..the f i:nal re ort issued M1� 1p marily wiirtx ' : h sparking ''anc� cir�sulstion'issue e for the y r t�eaxTae� "+k whole; x think it 0164rly euppors that cuetcmare drive tieNewport iatrdir►g Reetuurant and Newpart t,rLor#,ngy?ri,�hf.ng darn. the adjaae�nt parking"structure �e �faAfna�Fiault t�.4}O0`� at, in' 2aoainq uWand the Parking ° `r Y' f�r•'�.9'r trc'i",�r'ttr +J�;w9 _SH hfp��f '�i"'" y���r7 t y"' `"M d: C L•x�s � 8al p + s�m�n® a .al.- :.District only - proy doe 568 .41i-Bite . it e * A,.' tg* ' ,�' 9E3$f ap�JL"A�t3.lAet®1'�► Z�0' (4�5$ Qi' tiC 1® tA� 1rro Y x P g j�' t� " i� �.�. e� ar�sn structures adjacent -", trlltlit for �the`.�contixll,13an�p of: 4AL�7';'.off.� r � 54 4 t pc� nt to r�ur bu i e� and reT ad. 't0 r + 3. r t'hOr NON% e� t u ,�1; ?�l , $Zj<tkbusinesa and the j4 a� m _W." _, rva w 3 . n� t t w,p : ti*�f R it k� ts.�t�uppolr'b„.t.��a, rio vast: �tntf will support` s. 5^ rti t tM kr+klh a ra'''� F i1i Y tV^ f.«�ir, >rd '+c5r a `o4'up,rittq'ui.oXT�tx P1nasny �Ci`a�# 4caa�x��r t�. t, ` J a+ tn: r Uit,• s.� b L"is"'`'' �`} mr;y�= "�1~r�r tti'. Y, �h c 2s�''4y�irP'��' c w-�' ron.�^c` �' �? 2�� .�.;i' i Vy,'. �s, 7az_ij.iK . "«Fr'd r h t xa c a P ,�r�. iyJ�,`C�ti rY •"'. ��r6n}r� r. .�.,��,{,, y: y�,r'�.'�� s "-ti �" �.�rT%�',,,r HIM �A j bt t ,s��:ygr .A � ,'� z;,vK�� �:'h�; �� ti t 'Y Yr ,� 5U! v. ���' zit' ` ' `'1 r r3y� �,t1y `,. +. r;t• t.tr ,..r gkt,�.'y.�. tr t�"'n'..j:5.� si$'st$ -IF. �1'`i . a Zt -�g,� ���v��r�.. ��.��'llXet� �►u�►ua�;� �r+vi,�o l+�cs� , 27 '.pw , 250•srz9' r1x.av+., ms r sv�`t, 1"a}�3 t gLc'K{ �� j{Q�" ;�r.Yt.��' ra 3i�yy'�>yc,` .. � :. 6IM`' a r is , � �ih�tiN Sr ':�f tC'LS..�jls. ti.. i. i a cc: Ken Nelson ,r { - r Y t I r I i i s c f , n r T ( +• `�:,. l I � � + f ! � 14. Y �i t t V? � L � '` S i V I f� l; q Mr. William R. Laycock Senior Planner City of Newport Beach Planning Department Post Office Box 1768 Newport Beach, California 92658 Re: Exception Permit Application No. 42 Newport Landing Development Dear Bill: Thank you very much for your time and courtesy on the telephone. I appreciated your assistance in regard to my inquiry on the Pacific Marine Office facility. The off -site sign that was the subject of our Exception Permit Application has been removed. I am sorry if we put anyone to extra trouble, however, the directional signing on Balboa Boulevard was very important to us and extremely helpful to the customers of Newport Landing in identifying and locating the parking structure for our project. I hope that the City and its Traffic Department will at least consider better left turn identification for the Edgewater Place parking structure off of Balboa` Boulevard. Gentlemen: The Balboa Peninsula Point Association desirea to support � businesses with in our community, but the precedent- sot: by, allowing off -site signing in direct conflict with our City Ordinances can 41 not be supported. Ma. Dana Aalami Planning Department City of Newport Beach Post Office Box=1766 Newport Beach, California 92658-8915 Re: Exception Permit Application 510 Bast Balboa Boulevard Dear Dana: Douglas L. Salisbury r President General Partner/Landing Aseociates DLS:sd Enclosure cc: Ken Nelson .r bl ;?',"I1.TY1iOFNEWPOR1 BEACH PLANNI )EPARTMEN'I" PLAN REVIEW REQUEST Date: AUgUS_fijqoi ,;ADVANCE PLANNING DIVISION I ,1� DEPARTMENT _PLANS ATTACHED (PLEASE It 73TURN) FIRL'DEPARTM T ,_PLANS ON. FILE, IN PLANNING DEPT, X BUILDING DEPARTMENT PARKS & RECREATION _POLICE DEPARTMENT _MARINE SAFETY GRADING APPLICATION OF: Newport Landing Restaurant and Spertfishing FOR: Exception Permit No. 42 DESCRIPTION: A request to retain an existing as -built off -site directional s for the, Newport Landing Restaurant and Sportfishing facility on property located in the C-1 District. LOCATION: Lot 4, Block 7, Balboa Bayside Tract, located at 510 East PUBLIC 'WORKS DEPARTMENT- PLANS ATTARETURN) ,TRAFFIC ENGINEER 2LFIRE DEPARTMENT —PLANS ON FILE IN PLANNING DIM', 2LBUILDING 'DEPARTMENT PARKS & RECREATION —_POLICE DEPARTMENT -MARINE SAFETY GRADING APPLICATION OF: Newport Landing Restaurant and Sportfishing FOR: Exceptina Permit No. 42 DESCRIPTION: A request to retain an existing as -built off -site directional sign for the Newport Landing Restaurant and Sportfishing facility on property located in the C-1 District, LOCATION: Lot 4, Block 7, Balboa Bayside Tract, located at 510 East Balboa Boulevard, on the northwesterly corner of Palm Street and East Balboa Boulevard, in Central Balboa. 4'IZAFC EICJ ER FIRE DEPARTMENT &BUILDING DEPARTMENT _PARKS & RECREATION POLICE'DEPA:RTMENT _MARINE SAFETY GRADING ?PLANS A7TACHED (PLEASE 11111-URN) _FLANS ON FILE IN PI..ANNINC I3MYT, APPLICATION OF: Newport Landing Restaurant and Sportfishing FOR: Exception Permit No. 42 DESCRIPTION: A request to retain an existing as -bunt off -site directional sign for the Newport Landing Restaurant and Sportfishing facility on property located in the C-1 District. FOR: Exception Permit No. 42 DESCRIPTION: A request to retain an existing as --built off -site directional sign for the Newport Landing Restaurant and Sportfishing facility on property located in the C-1 District. LOCATION: Lot 4, Block 7, Balboa, Bayside Tract, located at 510 East Balboa Boulevard: on the northwesterly corner of Palm itrn-Pt FOR: Exception Permit No. 4.2 DESCRIPTION: A request to retain an existing as -built off -site directional sign for the Newport Landing Restaurant and Sportfishing facility on property located in the C-1 District. LOCATION: Lot 4, Block 7, Balboa Bayside Tract, located at 510 East Balboa Boulevard, on the northwesterly corner of Palm Street and East Balboa Boulevard, in Central Balboa. REPORT REQUESTED BY: August 12, 1991 COMMISSION REVIEW:. August 22, 1991 COMMENTS:n ' 7� Signature: Date -.; nature: 1 .51�z_ �3� I _.'^ti..�� ! !Y M. i {R ,��I1.I+1F d' � � • 11i,. )FINRh1� • � Hwy �; r , .i j1 , '~r /1r � �1t 'ilI„7�.�(r• t�� � 'i•fr tr •. "�� ti n 'A "r R ., • C•�I • ri it ''i��• 2 r ESTAU RANT �RT. /r� L N•Y r. v. FISHIN I 1� ITIE Lh U-, rl L m 20 L_AN =! P L I C A N T (714) 251 S 80 LA ND I N C— A S %S: Of LATE S 5 03 Ec, E D G:E VYA T ER' 'BA L9 0 A� CAG