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HomeMy WebLinkAbout01/07/1982COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES Place: City Council Chambers STAFF MEMBERS PRESENT: Time: 7 :30 p.m. Date: January 7, 1982 City of Newport Beach William R. Laycock, Current Planning Administrator CALL Fred Talarico, Environmental Coordinator INDEX X * X X X * Chairman McLaughlin and Commissioner Allen were absent. Pamela Woods, Secretary EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Acting City Attorney - * * * - STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary - APPROVAL OF THE MINUTES -- n X.. Motion was made to approve the Minutes of the Regular - Ayes X X X * Planning Commission Meeting of December 10, 1981, as Abstain X written, which MOTION CARRIED. Staff advised the Commission of the following requested continuances, to the Regular Planning Commission Meeting of January 21, 1982: Item Nos. 1 and 2- - Traffic Study and Use Permit No. 2021; Item No. 3 - ResubdivisionNo. 716; Item No. 4 -.Use Permit No. 1908 - (Amended); Item No. 5 - Use Permit No. 1717 (Amended); Item No. 10 - Variance No. 1088; Item No. 11 - Use - -! Permit No. 1956 (Amended);. and, Item Nos. 15 and 16 - Traffic Study and Use Permit No. 2046. ' Motion X " All Ayes X * Y X X * Motion was made to continue the above listed items as stated, to the Regular Planning Commission Meeting of January 21, 1982, which MOTION CARRIED. - - - -. -1- CUMMI551UNtK5 MINUTES January 7, 1982 City of Newport Beach RIW CALL INDEX Item #1 Request to consider a Traffic Study for a proposed 65,000 sq. ft. medical office building. TRAFFIC STUDY AND AND Request to construct a 65,000 sq. ft. ± medical office building that exceeds the basic height limit in the._ 32/50 Height Limitation District, to permit roof Item #2 parking, and to. waive a portion of the required off - street parking spaces. Said application also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of .USE TERMIT N0. 2021 _ the project's required off - street parking spaces, and the acceptance of an environmental document. LOCATION: A portion of Lot 169, Block 2 of Irvine's Subdivision, located at 351 Hospital Road on the northeasterly Continued... corner of Hospital Road and Placentia to January Avenue, opposite Hoag Memorial Hospital. 21,1982 ZONE: A -P APPLICANTS: Park Lido, Ltd.; Robert L. Wish, General Partner, Santa ,Ana OWNERS: Same as applicants Staff advised that the above subject items be continued to the Planning Commission meeting of January 21, 1982, in order to allow the staff an opportunity to prepare the information requested by Commissioners King and Allen at the last AD -HOC Committee meeting. Motion X Motion was made to continue these items to the Planning All Ayes X * X Y Y * Commission Meeting of January 21, 1982, which MOTION CARRIED. x -2- CUMMI551VNtKS January 7, 1982 MINUTES s w City of Newport Beach RIWL CALL INDEX Request to establish one building site and eliminate an Item #3 interior lot line where portions of two parcels presently exist. _ LOCATION: A portion of Lots 7 and 8, Tract No. - RESUB- 4225, located at 1617 Westcliff Drive, ' DIVISION, on the southwesterly side of Westcliff NO. 716 - Drive, between Irvine Avenue and Dover Drive, in the Westcliff Area. ZONE: C -N -H - - Continued - APPLICANT: Mr. C. T. Jewell, Santa Barbara to January.., 21, 1982 OWNER: The Irvine Company; Newport Beach - - - - - ENGINEER: Van Dell and Associates, Irvine Staff advised that the property owner has requested - that this matter be continued to the Planning Commission Meeting of January 21, 1982. Motion X Motion was made to continue this item to the Planning All Ayes X X X X * Commission Meeting of January 21, 1982, which MOTION CARRIED. * x x Request to change the operational characteristics of an. Item #4, existing restaurant so as to allow a daytime lunch operation during the week where the existing use permit now permits the opening of the restaurant facility after 5:00 p.m. Monday through Friday. USE PERMIT NO. 1908 LOCATION: Parcel 1 of Parcel Map 79 -733 i4men e (Resubdivision No. 645), located at 3520 East Coast Highway, on the northerly . side of East Coast' Highway, between ' Narcissus Avenue and Orchid Avenue, in Continued Corona del Mar. to January. 21; 1982 ZONE: C -1 -3- COMMbN(.)NtKS MINUTES January 7, 1982 1 > y City of Newport Beach RW CALL INDEX . APPLICANT: Carmelo Manto, (La Strada Restaurant), Corona del Mar OWNER: United California Bank, as trustee for Lola Bernice Baltz, Santa Ana Staff recommended that this item be continued to the Planning Commission Meeting of January 21, 1982, so as to mail revised public notices to property owners, in that the applicant has requested to amend additional . conditions of approval in conjunction with the required number of parking spaces and the required off -site parking agreements for the La Strada Restaurant facility. Motion X Motion was made to continue this item to the Planning A11- Ayes X * X X X * Commission Meeting of January 21, 1982, which MOTION'' CARRIED. • Request to amend a previously approved use permit that Item #5 permitted the remodeling of an existing commercial building that included the establishment of a new "take -out" restaurant facility, the expansion of an existing restaurant facility with on -sale alcoholic USE PERMIT beverages, the establishment of a new two -story, N0. 1717 cocktail lounge with live entertainment and dancing, 4mended} and the expansion of an existing hotel. The application is necessary so as to permit the further expansion of the hotel facility on the third floor of the structure. The proposal also includes a variance so as to allow the proposed development to exceed the Continued basic height limit in the 26/35 Foot Height Limitation to January District, and to exceed the allowable floor area of two 21 1982 times the buildable area of the site in the C -1 District. LOCATION: Lot 19, Block 21, Newport Beach Tract,.. located at 2106 West Ocean Front, on the_: northwesterly corner of West Ocean Front and McFadden Place, in McFadden Square. ZONE: C -1 • 1 I I I I I 11 -4- CUMMISSIVNLKS M 5 0 y January 7, 1982 MINUTES City of New Beach CALL INDEX APPLICANT: Rick Lawrence, Newport Beach - OWNER: Same as applicant Staff advised the Commission that the applicant has requested that this item be continued to the Planning Commission Meeting of January 21, 1982. Motion X Motion was made to continue this item to the Planning .A11 Ayes X X X X * Commission Meeting of January 21, 1982, which MOTION CARRIED. Request for an extension of time in conjunction with 'Item #6 . the approved Resubdivis.ion No. 655 which permitted the creation of one parcel of land for commercial development where two lots, portion of two other lots, and a portion of Block 93 of Irvine's Subdivision now. exist. RESUB- DIVISION LOCATION: Portions of Lots 1 and 2, and Lots 3 and - -NO.. 655 • 4, Block K, Tract No. 470 and a portion of Block 93 of Irvine's Subdivision, located at 2546 East Coast Highway, on the northeasterly corner of East Coast (Extension) . Highway and Dahlia Avenue, in Corona del Mar. ZONE: C -1 APPROVED APPLICANT: Chevron, U.S.A., Inc., La Habra - OWNER: The Irvine Company, Newport Beach The public hearing opened in connection with this item and Mr. Tom Baumgartner, representing the applicant, ; appeared before the Commission and requested an extension of'time in conjunction with the approved resubdivision. Commissioner Beek suggested that one year extension of time may be more appropriate than a six month extension. Mr. Baumgartner concurred. Motion X All Ayes * X X X * Motion was made to approve a one year extension for -� Resubdivision No. 655,, which MOTION CARRIED. -5- COMMISSIONERS ox(A January 7, 1982 MINUTES of Newport Beach Request to consider the revocation of Use Permit No. 1965 that permitted the change of operational characteristics of an existing restaurant with on -sale alcoholic beverages located in the C -1 District with existing related parking in the R -1 District so as to include live entertainment and dancing in conjunction with the restaurant use. This public hearing is to determine whether said use permit should be revoked for failure to comply with certain required conditions of approval. INITIATED BY: The.City of Newport Beach ZONE: C -1 and R -1 APPLICANT: The McMahon Partnership, Santa Ana (A. T. Leo's Restaurant) OWNER: Al F. Mayo, Santa Ana AND Request to amend a previously approved use permit establishing a restaurant facility with on -sale alcoholic beverages and live entertainment so as to permit the expansion of said restaurant facility by permitting a new exterior deck for dining. WUN INDEX Item #7 USE PERMIT NO. 1965 Revocation) TABLED Item #8 . USE PERMIT NO. 1965' Amen(kd) AND Request to establish a single parcel of land and eliminate interior lot lines where ten lots, a portion of an eleventh lot and a portion of an abandoned street Item #9 now exists. LOCATION: Lots 58 -67, Tract No. 673, located at_ 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel Drive, in Corona del Mar. ZONE: C -1 and R -1 APPLICANT: The McMahon Partnership, Santa Ana (A. T. Leo's Restaurant) OWNER: Al F. Mayo, Santa.Ana -6- RESUB -. DIVISION NO. 717 BOTH APPROVED, C NOD I TIONALLY COMMISSIONERS January 7, 1982 MINUTES City of Newport Beach CALL INDEX Agenda item Nos. 7, 8 and 9 were heard concurrently due to their relationship. Planning Director Hewicker presented background information on these items. He stated that Mr. James Parker is representing the owner and referred to Mr.. Parker's letter dated January. 6, 1982. He then referred to a memorandum dated January 7, 1982 from Mr._ Ray Schuller, the City's Building Director, which described the inspection of the property in question. In response to a question posed by Vice - Chairman King, Planning Director. Hewicker stated that in order to maintain the on -site parking spaces for the square_ footage requested, the valet parking would have to continue. He also stated that there may not be the required number of parking spaces on -site for the square footage as requested. The public hearing opened in connection with these . items and Mr. James Parker, representing the applicant, • appeared before the Commission. Mr. Parker stated that , they are withdrawing their request for dancing and live . entertainment. He then described the revised drawing and the existing exterior deck area. He stated that they are proposing to reduce the size of the existing, interior "net public area" by approximately the same square footage contained within the exterior deck. Mr. Parker stated that in defense of the applicants, they were not aware that building permits were required for the project. He stated that $240,000 may have been spent on A. T. Leo's Restaurant, but that only $28,000 has been actually expended for structural changes to the restaurant. With regard to parking, Mr. Parker stated that the employees will be required to park . on -site. He also stated that the owner will properly plant and maintain the slope at the rear of the property. He further stated that the Code violations as outlined in the Building Director's letter dated January 7, 1982, . will be satisfactorily corrected. Mr. Parker stated that access to the exterior deck has been restricted and is not being used by the public. He stated that as soon as an Approval in Concept is obtained on the exterior deck, application will be made • to the Coastal Commission. -7- or • • January 7, 1982 MINUTES of Newport Beach Mr. Parker stated that there is a difference of opinion, as to how the number of required parking spaces are calculated. He. stated that A. T. Leo's can provide 101 on -site parking spaces and therefore will not require any off -site parking. He stated that the requested parking ratio of one parking space for each 42 square feet of "net public area" is well within the discretionary range of permitted parking for restaurant uses. Mr. Parker stated that.a' portion of the exterior deck, approximately 136 square feet, extends' into the residential area of the property. He stated that approval of a variance would rectify this issue. Mr. Parker requested that the hours of operation be approved for 11:00 a.m. to 2:00 a.m. daily. He stated that they are desirous of serving lunch at their restaurant during the weekdays. He also stated that the exterior deck would be an ideal location for a brunch operation. Mr. Parker referred to Exhibit "C" of the staff report, and stated that Condition No. 2 should state that any improvements on the site should be in accordance with the approved use permit and the building permits issued pursuant to the use permit. Mr. Parker referred to Condition No. 3 and suggested that this condition be further clarified when the parking ratio has been satisfied. Mr. Parker stated that independently accessible parking on the site is inconsistent with valet parking. He stated that the site requires valet parking, which also allows for tandem parking. Mr. Parker.also stated that the Manager of the restaurant, Mr. Gary Giragosian, is prepared to comment on the complaints which have been received from the adjoining neighborhood. Planning Director Hewicker stated that the Planning, Commission and the City Council have no authority to grant a variance to allow a commercial use in a residential zone. He then discussed the exterior deck encroachment into the R -1 District and stated that the deck is a source of a number of problems, one of which relates to the parking. -8- INDEX 0 \bNUNtMJ MINUTES Sanuary 7, 1982 13 1 City of Newport Beach CALLI III Jill I INDEX Commissioner Balalis asked Mr. Parker to describe the characteristics of the restaurant operation: Mr. Parker stated the intent of the restaurant is to be a dining establishment with an adjacent bar and waiting area. Mr. Parker stated that the bar operation was quite successful during the first few weeks of operation, which has now settled down somewhat. Planning Director Hewicker stated that the restaurant has only had live entertainment. one night, since its opening. Mr. Gary.Giragosian, Manager of A. T. Leo's Restaurant, stated that they have met with the neighbors of the area in order to resolve these problems. He stated that in the past three weeks, they have been able to handle all of the restaurant parking on the lot. He stated that all employees are now parking on -site and' have been instructed to be quiet when leaving the premises. He stated that the hours of trash disposal and lot sweeping have been changed in accordance with the neighbors' desires. He also stated that they have changed the timers and dimmers on the lights in the parking lot, so as to not adversely affect the neighborhood. He stated that they have also removed their request for live entertainment and dancing, in accordance with the neighbors' desires. He requested that the restaurant be able to monitor when it is feasible to close the restaurant for the evening. Mr. Giragosian stated that since these changes have taken place in the past three weeks, he has received no complaints from the neighbors. Commissioner Balalis expressed his concern that when the lease was taken over by the owner, the conditions . of the existing use permit were not followed or were not made aware of to the owner. Commissioner Beek stated that many of the customers are parking off -site and walking to the restaurant, rather than tipping the valet service. He asked if there is anything ,which can be done to encourage the customers to utilize the valet' service.' Mr. Giragosian stated that their valet service does not charge a service charge to the customers. He stated that the neighbors have suggested that there be a sign posted which indicates free parking, with tipping optional. CUMMb!)K)NtILS Cr January 7, 1982 MINUTES City of Newport Beach CALL INDEX In response to a question posed by Commission Beek, Planning Director Hewicker stated that there is a "no left turn" sign posted on the premises, *coming out of the driveway onto East Coast Highway. Mr. Tom Pitcher, resident of 356 Evening Canyon Road, and President of Shorecliffs Community Association, appeared before the Commission. Mr. Pitcher stated that the parking and traffic problem, and the noise from the patrons leaving the restaurant has not be resolved. He stated that the patrons who frequent the restaurant, do so to drink, rather than to eat. He suggested that if the use is to continue operating, that the public area should be reduced and that the bar operation should be de- emphasized. He stated that in' this way, the parking could be handled on -site more adequately. He further stated.that the planting of the hillside is a necessity. Commissioner Beek asked Mr. Pitcher how the bar operation can be de- emphasized. Mr. Pitcher suggested ® that the bar area be made a smaller portion of the total interior area. Mr. Oakley Frost, resident of 416 Hazel Drive, stated that this use has become a popular singles bar. He stated that a list of complaints and comments has _ been obtained from approximately 30 neighbors in the area, which relate to parking, noise, litter, traffic and safety concerns. He stated that limiting the hours of operation of the bar is very important in reducing these problems. He also stated that the front of the building should be redesigned, so as to absorb more of the noise. Mr. Walter Ziglar, resident of 327 Poppy Avenue, stated* that single people drive to this location in each of their cars, which adds to the parking problems. He ' explained the parking and traffic problems that the residents have encountered with regard to this use. He suggested that the square footage of the use be reduced and that the exterior deck area not be allowed. In response to a question posed by Commissioner Beek, ' Mr. Ziglar stated that the deck area could be an aesthetic addition, if the bar operation could be • reduced in size. -10- COMMISSIONERS MINUTES January 7, 1982 Cr > City of Newport Beach INDEX Mr. Maurice McDonald, resident of Newport Beach,_ expressed his concern that the bar operation creates a problem with public safety and drunk drivers. Mr. Paul Jensen, resident of Newport Beach, expressed his concern that adequate parking must be provided for uses of this nature. He also stated that uses of this nature create problems for the adjoining residential neighborhood. Mr. Michael Ray, resident of 408 Hazel Drive, stated that the noise generated from A. T. Leo's is a problem for the adjoining residential neighborhood. He requested that the bar use be closed at 12:00 midnight and that the outside policing of the area be reinforced. Mr. Haskell Shapiro, resident of 287 Evening Canyon I Road, expressed his concern that A. T. Leo's is not a sedate dinner house. Mr. Mel Grandinette, resident of 418 Hazel Drive, stated that he supports of 12:00 midnight closing for the use and also stated that the parking lot should be restriped and that the valet parking should be removed so that the patrons can park their own cars on the lot. Mr. Phillip DeKarian, a limited partner in the restaurant, stated that they have .completely re- landscaped this location and have removed the former eyesore. He stated that all ages of people frequent the restaurant because it is readily affordable and professionally operated. He stated that the bar is necessary to serve the restaurant patrons their after dinner drinks. He stated that it would be an economic hardship if the bar operation could not be offered to the restaurant patrons. Ms. Carol Frost, resident of 416 Hazel Drive, expressed her concerns relating to handicapped parking and employee parking. She stated that it would appear that they can not provide adequate on -site parking. Planning Director Hewicker explained the use of tandem parking on the lot and the handicapped spaces which would be required. In response to a question posed by vice- Chairman King, Planning Director Hewicker stated • that if the deck were to be removed, it would return 9 or 10 parking spaces to the lot. _11_ CUMMb!) UNE KS MINUTES January 7, 1982 Cr City of Newport Beach CALL I I INDEX Ms. Frost also stated that many of the patrons park at the Union Oil service station across the street, which' would appear to be a hazard with the gas tanks. She stated that there is no fire wall to protect Buck' Gully on the upper side. Mr. Leila Carpenter, resident of 343 Hazel Drive, stated that she is opposed to the exterior deck because of the noise that it will generate when the residents_ have their windows open in the summertime. She also expressed her concerns relating to the parking problem. Commissioner Balalis asked staff how many cars can be valet parked on the premises. Planning Director Hewicker stated that tandem parking would allow for 94 parking spaces. Mr. Don Webb, City Engineer, stated that according to the tentative parcel map, there could' only be a maximum of 90 to 95 parking spaces. He stated that the City Traffic Engineer would have to review the parking lot layout because of the 10 foot aisles in the front entrance. • Commissioner Balalis asked staff if this item could be postponed 60 days in order for the applicant to correct the Code violations. Planning Director Hewicker stated that until such time as the Planning Commission or the City Council takes action on the use permit and they obtain their Coastal permit, the City can not issue the applicant their building permits. Commissioner Balalis stated that the hours of operation should be limited to 11:00 a.m. to 12:00 p.m: midnight. He stated that the exterior deck may be an asset to the restaurant. operation. He also stated that the parking requirements should be changed to one parking space per each 30 square feet of "net public area ". Mr. Parker suggested that a continuance be considered for these items, which would allow for the Code violations to be corrected and which would' allow for the full Commission to study the request further. Mr. Parker reiterated that the additional exterior deck space will be *compensated by removing interior space. He stated that the number of square feet approved will • I I I I I I 11 -12- �nnrni�5iu�tK� MINUTES January 7, 1982 a x w I City of Newport Beach INDEX remain. He stated that at no time has the maximum occupancy requirement been exceeded. He further stated that they are well aware of the homeowners' complaints, which they are working to resolve. He stated that the problem is that there is no buffer between the residential zone and the commercial zone. Mr. Al Mayo, general partner and owner of the project, described to the Commission the restaurant operation. He stated that they have greatly improved the aesthetics of the neighborhood. He stated that in order for them to financially commit to the beautification of the area, the planting of the slope, and the parking requirements, then a viable situation must be reached. Commissioner Balalis stated that the use needs to be restricted to some degree. He stated that by reducing the square footage of the facility, the parking and traffic can be controlled. He stated that at some • later date, if the applicant has changed the operational characteristics of the use, then perhaps the parking requirements would be changed, based upon those characteristics. Commissioner Beek stated that one parking space for each 30 square feet of "net public area" provides a strong economic incentive for the applicant to remove the exterior deck because it serves as additional "net public area" and additional parking requirements. Commissioner Beek referred to Exhibit "D ", Condition of Approval No. 8, and suggested that a notice of this requirement be posted on the employee bulletin board. Commissioner Beek then referred to Exhibit "D ";_ Condition of Approval No. 5 and stated that the reference to the off -site parking agreement should be deleted since an off -site' parking agreement is not' being considered. Commissioner Balalis stated that Condition No. 5 should remain as it is presently worded, in the event the applicant desires to obtain off -site parking. Planning Director Hewicker stated that approval of an off -site parking agreement would . require the consent of the Planning Commission and the City. Council. -13- C:UMANAN) UNEWN MINUTES January 7, 1982 5' m Na N City of Newport Beach CALL INDEX Commissioner Beek stated that in reducing the "net public area ", the applicant may choose to reduce the restaurant area, rather than the bar area. He asked the City Attorney if the Commission can control the square footage restricting the bar area. Mr. Bob Burnham, Acting City Attorney, stated that based upon the testimony, the Commission could restrict the square footage of the bar area. Commissioner Balalis stated that the original use permit does not state that the bar is an incidental use of the dining facility, therefore the Commission does not have the ability to set the amount of square footage for the dining area and bar area. Commissioner Balalis stated that restricting the square footage of the bar area would not necessarily change the operational characteristics of the bar. Vice - Chairman King suggested that the bar area remain proportionately the same size, with the reduction of square footage now being imposed by the reduced parking ratio. He stated that the economics of the operation • should not be set by the Commission, but that the granting of the luncheon hours to the applicant will provide an incentive. Motion X Motion was made 'to approve Use Permit No. 1965 All Ayes X X X X * (Amended) subject to the findings and conditions of Exhibit "D ", amending Condition No. 3 to one parking space for each 30 square feet of "net public area "; Condition No. 8 to add that a notice of this requirement shall be posted on the employee bulletin board;' Condition No. 10 to change the hours of operation to 11:00 a.m. to 12 :00 p.m. midnight daily; and, that Condition No. 5 be revised to reflect that the bar area remain proportionately the same size, with the reduction of square footage now being imposed by the reduced parking ratio, which MOTION CARRIED as follows: FINDINGS: 1. The proposed restaurant expansion is consistent with the General Plan, and is compatible with existing and surrounding land uses. . 2. The proposed project will not have any significant environmental impact. -14- CALL n • January 7, 1982 MINUTES of Newport Beach 3. The Police Department has indicated that they do not contemplate any problems as a result of the proposed expansion. 4. The approval of Use Permit No. 1965 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conforman with the approved plot plan, floor plans and elevations, except as noted below. 2. That that portion of the existing exterior deck that encroaches into the residentially. zoned_ portion of the subject property shall be .removed to the satisfaction of the Planning Director. 3. That a minimum of one parking space for each 30 sq.ft. of "net public area" shall be provided for the restaurant.facility. 4. The parking lot design shall be approved by the City Traffic Engineer and the City Fire Marshall. 5. That should it be necessary to reduce* the "net public area" in order to comply with Condition' Nos. 3 and 4, the "net public area" shall be reduced in such a manner so as to keep the current' square footage ratio between dining and bar areas. If it is necessary to provide parking off - site,: the applicants shall obtain the approval of an off -site parking agreement, through the Planning Commission and City Council. 6. That the emergency fire exit on Hazel Drive shall be kept closed and locked at all times: Further, a minimum aisle width of 20' must be maintained free and clear of vehicles or any other obstruction at all times for emergency access or egress. -15- INDEX COMMISSIONERS c W> 5 (a W 0 ri U January 7, 1982 Of Beach MINUTES 7. That any parking lot lighting shall be designed so as to eliminate any light or glare upon surrounding properties or East Coast Highway. 8. That all employees shall be required to park on the subject property at all times and that a notice of this requirement shall be posted on the employee bulletin board. 9. That valet parking shall be provided at all times.) during the hours of operation of the restaurant facility. 10. That the hours of operation shall be from 11:00 a.m, to 12 :00 p.m. midnight daily. 11. That all mechanical equipment and trash areas shall be screened from adjoining streets or adjacent properties. 12. 'That there shall be no sound amplification used outside of the structure. 13. That all noise from the restaurant shall be confined to the interior of the building. 14. That there shall be no pick -ups or deliveries prior to 7:00 a.m. daily. 15. That the slope to the rear of the property shall be maintained and planted to prevent .erosion and slope failure, and kept free of trash, litter, and other debris. 16. That building permits shall be issued for all construction on the subject property. 17. That all' conditions of approval of Resubdivision No. 717 be fulfilled. 18. Any deviation from these revised conditions of approval shall require an' amendment to this' Use Permit. -16- INDEX MMI551UNtK5 January 7, 1982 MINUTES Cr City of Newport Beach INDEX Motion X Motion was made for approval of Resubdivision No..717, All Ayes X * X X X * subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. .3. The project will not' have any significant environmental impact. CONDITIONS: - - 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. - 3. That the vehicular and pedestrian circulation system be subject to further review. by the Public Works Department. Motion x Motion was made to table the Revocation of Use Permit All Ayes X * X X X No. 1965, until such time as the item may come back before the Commission, which MOTION CARRIED. The Planning Commission recessed at 10:00 p.m. and reconvened at 10:10 p.m. I 1 111111 -17- COMMISSIONEKS MINUTES January 7, 1982 Cr City of Newport Beach INDEX APPLICANT: Lido Marina Village, Newport Beach OWNER: Same as applicant AND AND • Request to reduce the amount of required parking for Item #10 #11 USE PERMIT N0. PERM the retail and office uses in Lido Marine Village, Code so as to increase the number of compact and tandem Amended located in theC -1 -H District. parking spaces in conjunction with the required LOCATION: Property generally bounded by Via Lido, restaurant parking. Central Avenue and Newport, Bay, in Lido LOCATION: A portion of Lot 2, Tract No. 1117, Marina Village. VARIANCE' located at 3505 Via Oporto, on the Both NO. 1088 southeasterly corner of Central Avenue ZONE: C -1 -H APPLICANT: Lido Marina Village, Newport Beach OWNER: Same as applicant AND AND • Request to amend a previously approved use permit that allowed a night time and Sunday restaurant- theatre ._Item complex with on -sale alcoholic beverages and live entertainment, so as to expand the net public area of the existing restaurant and to increase the hours of operation to include the service of lunch. The proposal also includes a modification to the Zoning #11 USE PERMIT N0. PERM Code so as to increase the number of compact and tandem Amended parking spaces in conjunction with the required restaurant parking. LOCATION: A portion of Lot 2, Tract No. 1117, located at 3505 Via Oporto, on the Both southeasterly corner of Central Avenue n @ COntContinued ontinuedy and Via Oporto, in Lido Marina Village. to 21.1982 ZONE: C -1-H APPLICANT:. Magic Island, Newport Beach OWNER: Lido Marina Village Staff advised that these items be continued in order . for additional information to be prepared and distributed to the Commission for their review. Motion X Motion was made to continue these items to the Planning All Ayes X * X X X.* Commission Meeting of January 21, 1982, which MOTION CARRIED. . • -18- COMMI551VNLKS January 7, 1982 MINUTES City of Newport Beach CALL I I 1 17 INDEX Request to permit the construction of an office building and restaurant with on -sale alcoholic Item #12 beverages in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area which exceeds the basic height limit of 25 feet in the 26/35 Foot Height Limitation District and contains a greater gross floor . USE PERMIT NO. 2051., area than .5 times the buildable area of the site. The proposal also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of required off - street parking and to allow proposed parking spaces to encroach into the required front setback area, valet service for the restaurant use and the acceptance of an off -site parking agreement for a portion of the required off - street parking. Said application also includes the acceptance of an environmental document. AND. AND Request to consider a traffic study for a 22,400 sq. ft. ± combined office building and restaurant facility Item #13 in the Recreational Marine Commercial area of the • Mariner's Mile Specific Plan Area. LOCATION: A portion of Lot H, Tract 919, located TRAFFIC' - at 2801 West Coast Highway, on the STUDY southerly side of West Coast Highway, westerly of Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 '. - APPLICANT: .Gorden S. Barienbrock, Newport Beach _ OWNER: Same as applicant - - AND AND Request to establish a restaurant facility with on-sale- Item alcoholic beverages and live entertainment in a portion #14 of the Pacifica Marina Building on Mariner's Mile, and the acceptance of an off -site parking agreement for a USE PERMIT., portion of the required parking spaces. The proposal �N0. 2003 R-°evised also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of ' � the required parking. valet parking is also proposed in conjunction with the proposed development. • -19- COMMISSIONERS M w � N r1 LJ • January 7,1982 z t Beach MINUTES INDEX LOCATION: A portion of Lot H, Tract 919, located at 2751 West Coast Highway, on the ALL southerly side of West Coast Highway at CONTINUED the southerly terminus of Riverside TO70- INUED Avenue, in the Mariner's Mile Specific 21, 1982 Plan Area. ZONE: SP -5 APPLICANT: William J. Clark, Newport Beach OWNER: Same as applicant Agenda Item Nos. 12, 13 and 14 were heard concurrently due to their relationship. Vice - Chairman King asked the applicant's attorney to comment on the status of the legal litigation on the property. Mr. Gary Taylor, attorney, stated that the court ruled yesterday, that the majority control provisions of the tenant -in- common agreement are valid and enforceable. He stated that the 94 percent majority are processing this application and therefore, the Commission should proceed with these items. The. public hearing opened in connection with these_ items and Mr. Gorden Barienbrock, the owner and developer of the property located at 2801 W. Coast Highway, appeared before the Commission. Mr. Barienbrock described to the Commission the proposed marine orientated project. He stated that they are requesting a density of .8 and a height limit of 35 feet. He .stated that the requested four additional feet will enable the project to have a third floor, which will restrict the building to two- thirds of the lot and allow for a view 'corridor. He explained the proposed setbacks and the proposed width of the view corridor. He stated that if he were to build a two -story building across the width of his property,,' the view corridor would be lost. Mr. Barienbrock distributed to the Commission a view impact sheet which listed surrounding properties and areas which have a view of the site. He then delivered a slide presentation to the Commission which.depicted -20- COMMISSIONERS cr [*L January 7, 1982 MINUTES City of Newport Beach CALL INDEX the subject property and surrounding areas which have a view of the site. He stated that the view corridor will enhance the view to the Bay and will 'allow for additional access to the Bay. Mr. Randy Atherton, representing the Nantucket Lobster' Trap Restaurants, described to the Commission the operational characteristics of the proposed restaurant use. He stated that the restaurant will primarily be a dinner house, with no request for live entertainment. Mr. Stephen Forde, 6 percent owner of the Pacifica Marina property, adjacent to the property in question, appeared before the Commission. Mr. Forde referred to his letter to the Commission dated January 6, 1982,'and stated that the findings of the trial will not be ready for-two weeks. He stated that the parking requirements of the Pacifica Marina property impact the Barienbrock ' property. He stated that parking allowances must be made for the people who are leasing the boat spaces. He further stated that many of the tenants of the • office building are under a special provision to lease the parking spaces separately. He stated that these people would appear to have a 24 -hour right to these parking spaces. He also expressed his concern with the ' proposed compact car spaces. Mr.. Forde further stated that he has not given his consent for this project. In response to a question posed by Planning Director Hewicker, Mr. Forde stated that the boat slips in front of the Pacifica Marina property are essentially being operated as a marina, as opposed to boats for sale. Mr. Forde stated that of the 16 boats in question, only one or two are.involved in the yacht brokerage operation._ Planning Director Hewicker stated' that a commercial marina would require an amended harbor permit, proper, parking facilities and restrooms. In response to a question posed by Commissioner Balalis, Mr. Forde stated that the Pacifica Marina application and the proposed Barienbrock project are related because they use the same ingress and egress and similar parking spaces. Mr. Forde stated that Mr.- Clark of the Pacifica Marina application, does not have the authority to execute an agreement for the parking with Mr. Barienbrock. • -21- C0 NMI Mb!)IUNtK5 MINUTES January 7, 1982 or � City of Newport Beach CALL INDEX Request to permit the construction of a_ permanent branch facility for the Heritage Bank in the AND Unclassified District that exceeds the basic height limit in the 32/50 Foot Height Limitation District_ Item #16 The proposal also includes the use of drive -up teller facilities and roof parking, a modification to the Zoning Code so as to allow the use of compact car USE PERMIT spaces for a portion of the required 'off- street N0: 2 446 parking, and the acceptance of an environmental document. LOCATION: Lot 716, Newport Mesa Tract, located'at`Both 1522 Placentia Avenue, on property Continued bounded by Placentia Avenue, Superior' to Januar Avenue and Fifteenth Street, in the West' 21 1982 Newport Triangle area. ' • -22- In response to a question posed by Vice - Chairman King, _ Mr. Bob Burnham, Acting City Attorney, stated that in the event a commercial marina were in operation, the issue of mutual ingress, egress and parking would have to be defined. Motion X Motion was made to continue these items to the Planning Ayes X X X Commission Meeting of January 21, 1982, during which Noes X time the City Attorney and the Planning Department Absent * staff be made fully aware of any and all agreements on these properties, which MOTION CARRIED. Mr: William Clark, applicant of the Pacifica Marina request, stated that he would like to comment on the discussion. vice- Chairman King stated that the public hearing had already been closed on these items. Commissioner' Beek stated that he voted No' on the motion, because he had wanted to hear the applicants' response'to the.allegations. Item #15 Request to consider a traffic study for a proposed 37,588 sq. ft. ± bank and commercial.office building. I TRAFPIG AND STUDY Request to permit the construction of a_ permanent branch facility for the Heritage Bank in the AND Unclassified District that exceeds the basic height limit in the 32/50 Foot Height Limitation District_ Item #16 The proposal also includes the use of drive -up teller facilities and roof parking, a modification to the Zoning Code so as to allow the use of compact car USE PERMIT spaces for a portion of the required 'off- street N0: 2 446 parking, and the acceptance of an environmental document. LOCATION: Lot 716, Newport Mesa Tract, located'at`Both 1522 Placentia Avenue, on property Continued bounded by Placentia Avenue, Superior' to Januar Avenue and Fifteenth Street, in the West' 21 1982 Newport Triangle area. ' • -22- COMMISSIONERS MINUTES January 7, 1982 City of Newport Beach CALL INDEX ZONE: Unclassified APPLICANT: Uhl & Van Tuyle Associates, Inc., Brea OWNER: Heritage Bank, Costa Mesa Staff advised that the applicant has requested that these items be continued to the Planning Commission' Meeting of January 21, 1982. Motion X Motion was made to continue these items to the Planning - All Ayes X k X X X * Commission Meeting of January 21, 1982, which MOTION CARRIED. * x x Request to establish an entertainment center with Item #17 electronic games of skill in an existing building in the C -1 District. LOCATION: Lots 14 and 15, Block 120, Section A, USE PERMIT Newport Beach Tract, located at 2001 NO. 2053 West Balboa Boulevard, on the southwesterly corner of West Balboa Boulevard and 20th Street, easterly of McFadden Square. APPROVED ZONE: C -1 CONDI- TIONALLY APPLICANTS: Ben and Eleanor Chavez, Newport Beach OWNER: Same as applicants The public hearing opened in connection with this item and Mr. Ben Chavez, the applicant, appeared before the Commission and requested approval of this application. Ms. Sheila McNicols, resident of 1920 Court Avenue, stated that this area does not need another electronic. game arcade. She stated that this request would create additional litter and loitering problems for the area. She stated that the area should remain as a residential neighborhood. -23- COMMISSIONERS MINUTES January 7, 1982 y City of Newport Beach Commissioner Beek stated that it appears that the applicant is attempting to establish a desirable entertainment. center. Ms. McNicols expressed her concern that the entertainment center could be sold to someone else who would not be as sincere as the applicant in operating the business. Commissioner Balalis stated that the applicant is attempting to obtain a use permit to legally establish this entertainment center. He stated that the Planning Commission has the authority to review or revoke any use permit which violates its approved conditions. Mr. Paul Jensen, resident of 2000 Court Street, stated that before this use permit is approved, he would like to be assured that the radio and television reception in the immediate area will not be affected by this proposed use. He also expressed his concern with the amount of children and people that will be loitering next to the residential uses, especially in the summertime. He further added that the parking facilities for the proposed project will not be adequate. Ms. Adel Mallery, resident of 1916 Court Avenue, stated that approval of this use permit will be detrimental to the health, safety and peace of the adjoining residential neighborhood. She expressed her concern that the proposed vending machines will add to the litter problems in the area. She further stated that the.parking as proposed, will not be adequate for a family orientated facility. Mr. Mallery, resident of 1916 Court Avenue, stated that approval of the entertainment center would have. a negative impact upon the surrounding neighborhood. He stated that the City of Newport Beach does not need another video arcade in this area. Mr. Raymond Smith, owner of business property in the area, stated that the applicant should be given the opportunity to establish this entertainment ,center which will be an asset to the commercial area. In response to a question posed by Commissioner Beek, Mr. Chavez stated that he will not be leasing the • machines, he would be buying them. _24_ INDEX COMMISSIONEK5 January 7, 1982 MINUTES c 5"Q y City of Newport Beach L ALL INDEX Ayes Noes Absent Commissioner Winburn stated that she would be voting No on the motion based upon the close proximity of this proposal to an elementary school. X 11* [ I AI Al *I Motion for approval of Use Permit No. 2053 as stated by 1 Commissioner Balalis was now voted on, which MOTION CARRIED as follows: FINDINGS: 1. That the proposed entertainment center is consistent with the Land Use Element of the General Plan. and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. • 1 111 1111 -25- vice- Chairman King closed the public hearing. Motion X Motion was made to re =open the public hearing, which' Ayes X X X MOTION CARRIED. Noes X Absent * Ms. Elsie Patterson, resident of 1912 Court Avenue, expressed her concerns relating to safety, parking and congestion in the area during the summertime. She stated that if this use permit is to have a probationary period, it should not be during the summer months. In response to a question posed by Mr. Jensen, Planning Director Hewicker stated that the City has not received any complaints relating to radio and television interference from the operation of other electronic games that have been permitted in the City. Motion X Motion was made to approve Use Permit No. 2053 subject to the following findings and conditions, with the added condition for a probationary period of eight • months with the number of machines to be limited to a . maximum of 30 machines during the probationary period. If no problems are incurred at the end of the probationary period, the Modifications Committee could increase the number of machines to 50. Ayes Noes Absent Commissioner Winburn stated that she would be voting No on the motion based upon the close proximity of this proposal to an elementary school. X 11* [ I AI Al *I Motion for approval of Use Permit No. 2053 as stated by 1 Commissioner Balalis was now voted on, which MOTION CARRIED as follows: FINDINGS: 1. That the proposed entertainment center is consistent with the Land Use Element of the General Plan. and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. • 1 111 1111 -25- COMMISSIONERS January 7, 1982 MINUTES cr x �� w 21 City of Newport Beach CALL I I I I I I I INDEX 3. The Police Department has indicated that they do not contemplate any problems with the proposed entertainment center at this location. 4. The approval of Use Permit No. 2053 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 detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: - 1. The development shall be in substantial conformance ' with the approved plot plan and floor plan, except as noted below. 2. That the number of machines be limited to a maximum of 30 machines during the probationary period of • eight months (i.e. until September 7, 1982). If no problems are incurred at the end of the probationary period, the Modifications Committee may ,increase the number of machines to 50. 3. That the entertainment center shall not be open for business prior to 9:30 a.m. or after 10:00 p.m., except that an 11:00 p.m. closing time shall be permitted beginning June 1, 1982, for a 120 day probation period. The Modifications Committee shall review the approved closing time after said probationary period. 4. That this approval shall be for a period for one - year, and any extensions shall be subject to the approval of the Modifications Committee. 5. That permits for the proposed skill games shall be approved by the City Manager. 6. That bicycle racks for at least 20 bicycles shall be provided adjacent to the building where Parking Space No. 4 is indicated on the plot plan. 7. The remaining four parking spaces on the site shall be marked with approved traffic markers or painted . white lines not less than 4 inches wide. _26_ COMMISSIONERS Cr 7C ND 0 January 7, 1982 Itv Of Beach MINUTES INDEX 8. That noise from the skill games center shall. be confined to the interior of the facility. 9. That no outside music shall be permitted. 10. That a representative of the owner shall be present at all times to supervise the use. * * x Request to establish a used automobile sales and Item #18 service facility in the Retail Service Commercial Area of the Mariner's Mile Specific Plan Area. LOCATION: Parcel 2 of Parcel Map 85 -30 USE PERMIT (Resubdivision No. 512) located at 2510 NO. 2054. West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue., on Mariner's Mile. - ZONE: SP -5 I APPROVED G I- APPLICANT: Zalman Dagan, Newport Beach TIONALLY. OWNER: Roy J. Shafer, Santa Ana . The public hearing opened in connection with this item and Mr. Ken Brown, representing the applicant, appeared before the Commission and referred to Condition of Approval No. 9 and stated that there are already six trees on the lots. He stated that the requirement of placing four trees in the front of the lot would`' - obstruct the view of the cars. He stated that. they would be agreeable in placing four planters containing low shrubs in the front of the lot. In response to a question posed by Commissioner Beek, Planning Director Hewicker stated that' the landscape plan could be approved. by the Planning Department and the Parks, Beaches and Recreation Department. - - -27- COMMISSIONERS D 9 (o Ci January 7, 1982 Of Beach MINUTES INDEX motion I I - [I Motion was made for approval of Use Permit No. 2054 All Ayes X * X X X subject to the following findings and conditions, amending Condition No. 9 to reflect that the landscape plan also be approved by the Planning Department, which MOTION CARRIED: - FINDINGS: 1. The proposed development is consistent with the General Plan, and is compatible with existing and surrounding land uses. 2. The proposed project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 2054 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conforman with the approved plot plan, and floor plan except as noted below. 2. That all mechanical equipment and trash areas. shall be screened from adjoining properties and from west Coast Highway. 3. That the illumination of any open automobile display or storage areas shall be maintained in such a manner as to eliminate direct light and glare on adjoining properties and from West Coast Highway. A timing device shall turn off any lights facing towards the bluff at the rear of the site at 10:00 p.m. every night. • IIIIIIII -28- CUMM1551UNtK5 January 7, 1982 MINUTES (a W City of Newport Beach CALL INDEX 4. That the parking lot area shall be striped with, approved traffic markers or painted white lines not less than 4 inches wide, providing a total of 23 spaces to be approved by the City Traffic Engineer. 5. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 6.. The applicant shall provide for weekly vacuum - - sweeping of all paved parking areas and drives. 7. That all repair or service work shall be performed in side the garage or carport areas and shall be limited to minor automobile repairs or routine service only. Said automobile repairs and service shall be incidental and accessory to the principal use of automobile sales on the property. 6. All provision of the Uniform Building Code and National Fire Code pertaining to the storage of • flammable liquids or work performed on the site shall be complied with at all times. 9. That a landscape plan shall be submitted to and approved by the Director of Parks, Beaches and Recreation and the Planning Department. Said landscaping shall include the planting of low shrubs or groundcover in at least four planters along the front of the lot, and shall be continuously maintained. 10. That all improvements be constructed as required by ordinance and the Public Works Department. 11. That prior to the issuance of any permits or within 30 days of approval of this application, whichever is first, the applicant shall dedicate to the City for street and highway purposes, the applicant's interest in the 12 foot wide strip of land adjacent to West Coast Highway and across the West Coast Highway Frontage. The strip is to be used in the future for the widening of West Coast Highway. 12. That this approval shall be for a period of two years, and any extensions shall be subject to the ' • approval of the Modifications Committee. -29- CC >MMISSIC>NERS MINUTES January 7, 1982 City of Newport Beach L CALL INDEX Request to permit the temporary building for classrooms Item #19 and meetings, in conjunction with an existing church facility located in the R -2 District. LOCATION:. Lots 1 and 2, Block 7 of Tract No. 27, located at 3262 Broad Street, on the southerly side of Bolsa Avenue, between USE PERMIT Broad Street and Clay Street in Newport NO. 2055 Heights. ZONE: R -2 APPLICANT: Plymouth Congregational Church of Newport Beach APPROVED - CONDI- OWNER: Same as applicant TIONALLY The public hearing opened'in connection with this item and Mr. Tony Curto, representing Plymouth _ . Congregational Church, appeared before the Commission and requested approval of this application. He stated that they are requesting the temporary facility for two years. :- Mr. Don Webb, City Engineer, referred to Condition of Approval No. 5 and stated that this would require the applicant to dedicate the corner radius to allow for a constant width sidewalk. Mrs. Duncan Stewart, a trustee of the Church, requested approval of this application. Mr. Jerome Blackman, Chairman of the Board of Trustees for the Church, requested. that the dedication be extended for a period of two years, at which time the - Church could choose to extend the use permit. Commissioner Beek stated that he would prefer that the dedication be made at this time. Motion X Motion was made for approval of Use Permit No. 2055, All Ayes X * X X X subject to the following findings and conditions, which MOTION CARRIED: - - • -30- . � x �fO 7!'fn January 7, 1982 J■ t Beach MINUTES RMELCALL1111 Jill I INDEX • • FINDINGS: 1. The proposed development is consistent with the General Plan, and is compatible with existing and surrounding land uses. 2. The proposed project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 2055 will not, under the circumstances of this case, be ' detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformanc with the approved plot plans, floor plan and elevations. 2. That the temporary structure shall be removed from the site and the premises shall be restored to its former conditions upon the termination of the proposed use on the site. 3. That the approval of this use permit shall be for a period of 2 years. Any extension of time shall be approved by the Modifications Committee. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That a 15 foot radius corner cutoff at the corner of Broad Street and Bolsa Street and at the corner of Clay Street and Bolsa Street be dedicated to the public prior to issuance of a building permit. -31- COMMISSIONERS MINUTES January 7, 1982 Cr > [TROMLL 0 So- City of Newport Beach INDEX 6. That the public improvements (curb, gutter, sidewalk and pavements) be constructed along the Broad Street, Bolsa Avenue and Clay Street Frontage if the temporary use extends beyond two years from the issuance of this use permit and that the public improvements be designed by the Public Works Department. 7. That a standard use permit agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements, if it . is .desired to obtain a building permit prior to completion of the public improvements. 8. That the sewer service be installed per Costa Mesa Sanitary District Standards. . re x • Request to establish an auto service facility in the Item #20 M -1 -A District. The application also includes a modification to the Zoning Code so as to allow a free standing ground sign within the required 15 foot front setback area. USE PERMIT LOCATION: Lot 7, Tract 3201, located at 3760 NO -.: 2056 Campus Drive, on the southeasterly side of Campus Drive, between quail Street and Bristol Street, across from the John Wayne Airport. APPROVED. ZONE: M -1 -A COND. . T107LLY APPLICANT: Arthur Forbes, Rancho Pales Verdes OWNER: The Irvine Company, Newport Beach The public hearing opened in connection with this item and Mr. Arthur Forbes, the applicant, appeared before the Commission and requested approval of this application. Mr. Forbes referred to Condition of Approval No. 8 and asked if the 300 square feet of sidewalk will have to be replaced. Mr. Don Webb, City • -32- 3 January 7, 1982 L� V I �I MINUTES WW CALL I I I I Jill I INDEX Motion Al Ayes n U r1 LJ X XIXI* Engineer, stated that this is a standard requirement of the City for a use permit, when the sidewalk needs to be replaced. Motion was made for approval of Use Permit No. 2056, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. The proposed use is consistent with the General. Plan, and is compatible with surrounding land uses. Furthermore; the proposed project is similar to other' automobile service facilities that have been previously approved by the Planning Commission adjacent to the John Wayne Airport. 2. The Police Department has indicated that they do' not contemplate any problems. 3. The proposed project will not have any significant environmental impact. 4. That the approved sign in the required 15 foot front yard setback will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 5. The approval of Use Permit No. 2056 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, ° and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan and sign elevations, except as noted below. -33- COMMISSIONERS 7 3'r7n �w January 7, 1982 of Newport Beach MINUTES 2. That the location of the proposed ground sign shall be at least 5 feet from the street right -of -way, and shall be subject to the Traffic Engineer's review and approval prior to the issuance of a sign permit. 3. That all repair and service activities shall be located inside the building. 4. That all mechanical equipment and trash areas shall be screened from adjacent properties as well as Campus Drive. 5. No vehicle waiting for service shall be parked outside of the building for a period longer than twenty -four hours unless it is in the process of being serviced. No vehicle shall be considered to be in the process of being serviced for a period longer than one (1) week. • 6. That a minimum of twenty -five (25) off - street parking spaces shall be provided (i.e., five parking spaces for each hydraulic lift). 7. That all Public Works improvements be constructed as required by Ordinance and the Public Works. Department. 8. That approximately 300 sq.ft. of tree damaged . . sidewalk and 30 feet of curb and gutter be reconstructed and that the existing parkway tree be removed and replaced with one approved by the Department of Parks, Beaches and Recreation. :. 9. That arrangements be made with the Public Works Department to guarantee satisfactory completion of ' the Public improvements, if it is desired to obtain a building permit or occupancy prior to completion of the public improvements.' 10. On site parking and circulation shall be reviewed and approved by the Traffic Engineer. • 1 1 1 1 1 1 1 1 -34- 1 COMMISSIONERS January 7, 1982 � � � City of Newport Beach CALL INDEX Request to establish a take -out restaurant facility on Item #21 property located in the Retail Service Commercial area of the Mariner's Mile Specific Plan Area. LOCATION: A portion of Lot F, Tract No. 919, USE - PERMIT located at 2912 West Coast Highway, on NO. 2057 the northerly side of West- Coast Highway, between Riverside Avenue, and North Newport Boulevard, on Mariner's - Mile. ZONE: SP -5 APPROVED CONDI- APPLICANT: Sohn N. D'Amore, Mission Viejo TIONALLY - OWNER: Shokrian Development, Corona del Mar Mr. Don Webb, City Engineer, referred to Condition of Approval No. 14 and stated that this condition should • be amended to add the word "leasee" and delete the reference to the applicant. Mr. Said Shokrian, the owner, appeared before the Commission and stated that he is agreeable to the amendment for Condition No. 14 as stated by Mr. Webb. Motion X Motion was made for approval of Use Permit No. 2057, All Ayes X X X X * subject to the following findings and conditions, amending Condition No. 14 to add the word "lessee" and delete the reference to the applicant, which MOTION CARRIED: . FINDINGS - 1. That the proposed use is consistent with the Land . Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any 'significant environmental impact. 3. The Police Department has indicated that they do' not contemplate any problems. 9) 11111111 -35- N January 7, 1982 itv of Beach MINUTES E RMn CALL I III Jill I INDEX 4. That the *waiver of the development standards as they pertain to walls and utilities, and a portion of the landscaping, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for may years. 5. The approval of Use Permit No. 2057 will not under the circumstances of the case be detrimental to the health safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: ' 1. That development shall be in substantial conformance with the approved plot plan and floor • plan, except as noted below. 2. That all 'new exterior lighting and signs shall conform to Chapters 20.06 and 20.72 of the Newport Beach Municipal Code. 3. That all mechanical equipment and trash areas shall be screened from adjoining properties and from ' West Coast Highway. 4. That a minimum of ten (10) parking spaces shall be provided for the proposed development on the subject property prior to the issuance of an occupancy permit. 5. That all unpaved portions of the proposed parking area shall be fully improved and all deteriorated portions of existing paving shall be repaired. 6. That the parking lot shall be marked with approved traffic markers 'or painted white lines not less than 4 inches wide in accordance with a plan to be approved by the City Traffic Engineer. • -36 COMMISSIONERS MINUTES January 7, 1982 Cr City of Newport Beach CALL INDEX 7. That a landscape and irrigation plan shall be prepared and implemented for the parking area in accordance with the requirements of the Mariners' Mile Specific Area Plan, and shall be permanently maintained. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning Department. 8. That employees of the restaurant use shall park in the parking lot at all times. 9. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 401 of the Rules and Regulations of the South Coast Air Quality Management District. In addition, the kitchen hood system shall have an automatic fire protection system installed. I I I I I I 10. That a washout area for trash containers shall be • provided in such a way as to allow direct drainage into the sewer system and not into the storm drains. 11. That grease interceptors shall be installed on all fixtures where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 12, That all improvements be constructed as required by ordinance and the Public works Department. 13. That a standard concrete commercial drive approach be constructed and that an encroachment permit from the California 'Department of Transportation be obtained for the completion of this work. 14. That prior to the issuance of a building permit, the lessee shall dedicate to the City for street and highway purposes, the lessee's interest in the 12 foot wide strip of land adjacent to West Coast Highway and across the West Coast Highway Frontage. The strip is to be used in the future „ for the widening of West Coast Highway. • -37- 3 d� ��D N January 7, 1982 MINUTES ity of Newport Beach 15. That arrangement be made with the Public Works Department to guarantee satisfactory completion of the public improvements, if it is desired to obtain occupancy or a building permit prior to completion' of the public improvements. 16. That the on -site vehicular and pedestrian circulation systems be subject to further review by the Public Works Department and the City Traffic Engineer. 17. That the Development standards pertaining to walls, utilities and a portion of the landscaping be waived. INDEX Request to permit the construction of two, two -unit Item 02- residential condominiums, and related garage .spaces on • two adjoining lots located in the R -2 District. USE PERMIT AND NO. 2058 Request to establish two parcels of land for condominium purposes where two lots presently exists. AND LOCATION: Lots 12 and 14, Block 543,. Corona del Mar, located at 510 and 512 Poinsettia Avenue on the southeasterly side of Item #23 Poinsettia, between Second Avenue and Third Avenue, in Corona del Mar. RESUB- ZONE: R -2 DIVISION NO. 718 APPLICANT: Arlid Braathen, Newport Beach - OWNER: Same as applicant - BOTH ENGINEER: Derek H. White and Associates, Irvine.- - APPROVED . CONDI -' TIONALLY .. Agenda Item Nos. 22 and 23 were heard concurrently, due to their relationship. -38- 3 5' 10 fN January 7, 1982 L_1 MINUTES E FMW CALL I I I I Jill I INDEX • Motion Ayes Noes Absent r i U The public hearing opened in connection with these items and Mr. Arlid Braathen, the applicant, appeared before the Commission and requested approval of these applications. Mr. Alec Glasser, owner of 514 Poinsetta Avenue,' stated that the property in question contains a large hedge and several 50 -year old trees which should be preserved, as a condition of the use permit request. He further stated that a survey should be performed in order to establish the property line. Mr. Don Webb, City Engineer, stated that the property will have to be surveyed when the parcel map is filed. Vice - Chairman King referred to Condition of Approval No. 5 and stated that the Parks, Beaches and Recreation Department has discretion over the pruning or removal of trees along the parkway. Mr. Braathen stated that his intent is to preserve as much of the existing vegetation on the property as possible. Commissioner Beek stated that he would be voting against these applications, because the applicant is requesting a condominium project on a sub- standard lot, which is under 5,000 square feet. He stated that this encourages the destruction of the older neighborhoods in the City. Motion was made for approval of .Use Permit No. 2058, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: - 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. -39- MISSIONERS C CALL January 7, 1982 Of Beach MINUTES INDEX 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use of building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort. and general welfare of persons residing or working in the neighborhood of such proposed use or be - detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: • 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That two garage spaces shall.be provided for each dwelling unit. 3. That all conditions of approval of Resubdivision No. 718 be fulfilled. 4. That 37 sq.ft be deleted from the gross structural floor area of each structure. Motion X Motion was made for approval of Resubdivision No. 718, Ayes X X;X X subject to the following findings and conditions, which Noes MOTION CARRIED: Absent FINDINGS: 1. That the map meets the requirements of Title 19, of the Newport Beach Municipal Code, all ordinances.of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. • -40- 7c SIC10V C • • January 7, 1982 Of Beach MINUTES 2. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. - 3. That each dwelling unit be served with individual water services and sewer laterals to the main unless otherwise approved by the Public Works. Department. 4. That vehicular access to the parcel be from the adjacent alley. 5. That the existing tree damaged curb, gutter, sidewalk and pavement be reconstructed along the Poinsettia Avenue frontage and that the existing parkway trees be root pruned or removed and replaced as recommended by the Parks, Beaches and Recreation Department. Said work shall be completed under an encroachment permit issued by the Public Works Department. 6. That a subdivision agreement and accompanying surety be provided if it is desired'to obtain a building permit or record the parcel map prior to completion of the public improvements. x * x Request for General Plan Amendment by Marriott Hotel Item #24''. Mr. Michael Gering, attorney representing the Marriott Corporation, appeared before the Commission and REQUEST FOR requested initiation of the General Plan Amendment. GENERAL: PLAN Vice - Chairman King asked staff if the public hearing on AMENDMENT BY. this item can be scheduled at the discretion of the MARRIDTT Planning Commission. Staff concurred and stated that OIL'. the public hearing could be set at the discretion of the Planning Commission after the _ necessary environmental documentation had been completed. -41- COMMISSIONERS January 7, 1952 ity of Newport Beach MINUTES Motion Y Motion was made to recommend to the City Council that the requested General Plan Amendment be initiated, that any necessary additional environmental documentation be prepared, and staff be directed to schedule the required public hearings at the discretion of the Planning Commission. Commissioner Beek stated that the recommendation of the staff report should be approved. Planning Director' Hewicker stated that in the recommendation of the staff report, in no case would the public hearing be held by the Planning Commission or the City Council until after the election on the referendum petition. Substitute substitute Motion was made to recommend to the City Motion X Council that the requested General Plan Amendment be Ayes x x initiated, that any necessary additional environmental Noes x x documentation be prepared, and that staff be directed Absent to schedule the required public hearings in such a manner that the requested General Plan Amendment will • not be considered by the Planning Commission until the election on the referendum petition for General Plan Amendment 80 -3 has been held, which SUBSTITUTE MOTION FAILED. Ayes x X X Original Motion by Commissioner King was now voted on, Noes x which'MOTION CARRIED. Absent There being no further business, the Planning Commission adjourned at.12:05 a.m. Joan Winburn,'Secretary Planning Commission City of Newport Beach • I I I .I I I I -42- INDEX