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HomeMy WebLinkAbout02/20/1986COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers C o n TIME: 7:30 p.m. T � v m DATE: February 20, 1986 2 C m a m = i Z 9 a a 1 City of Newport Beach c z m o r o o Present x Ix �C I xl xl xI xl All Planning Commissioners were present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Carol Korade, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert T. Lenard, Advance Planning Administrator Patricia Temple, Environmental Coordinator Chris Gustin, Senior Planner Donald Webb, City Engineer Dee Edwards, Secretary r x a Commissioner Koppelman advised that because she was not present at the February 6, 1986, Planning Commission meeting, she has read the Planning Commission Minutes and listened to the tape of the February 6, 1986, Planning Commission meeting, and is prepared to proceed on continued Item No. 3, Use Permit No. 3185, Item No. 4, Use Permit No. 3012 (Amended), and Item No. 6, Amendment No. 629. ] ] ] Minutes of February 6, 1986: Motion x Motion was made for approval of the February 6, 1986, Ayes x x x x Planning Commission Minutes. Motion was voted on, Abstain MOTION CARRIED. Reauest for Continuances: James Hewicker, Planning Director, requested that Item No. 2, Use Permit No. 3179, regarding a private, no fee, commercial parking lot at 416 Larkspur Avenue, and . Item No. 5, Use Permit No. 3188, regarding a nighttime restaurant located at 209 Palm Street, be continued to the Planning Commission meeting of March 6, 1986. Motion x Motion was voted on to continue Items No. 2 and No. 5 All Ayes to March 6, 1986. MOTION CARRIED.- • * r MINUTES Minutes of I 2 -6 -86 Request for ' Continuance COMMISSIONERS February 20, 1985 MINUTES X C o C o p y m z C m a m = a= m a M m City of Newport Beach I IC 2 N 0 3 0 0 A ROLL CALL INDEX Exception Permit No. 17 (Public Hearing) Request to permit the installation of a ground entrance EP #17 sign for the Spy Glass Hill residential area. The proposal also includes a modification to the Zoning Approv Code so as to locate the proposed sign, which exceeds 3 feet in height, in a required front yard setback adjacent to Mission Bay Drive. LOCATION: Lot 30, Tract No. 7432, located at 2 Point Loma Drive, on the southwesterly corner of Spy Glass Hill Road and Mission Bay Drive, in the Harbor View Hills Planned Community. ZONE: P -C APPLICANT: Spy Glass Hill Community Association, Irvine • OWNER: Verl Rosenow, Corona del Mar The public hearing was opened in connection with this item, and because no one appeared on behalf of the applicant and no one else wished to testify, the public hearing was closed at this time. Motion x Motion was made to approve Exception Permit No. 17, All Ayes subject to the findings and condition of approval in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the granting of an exception permit for the proposed sign is necessary to protect a substan- tial property right, will not be contrary to the purpose of the Sign Ordinance and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. 2. That the proposed sign is tastefully designed and is compatible with the surrounding area and other residential identification signs in the area. -2- COMMISSIONERS February 20, 1986 m CONDITION: 1. That development mance with the elevations. Beach shall be in substantial confor- approved plot plan, and sign Use Permit No. 3179 (Continued Public Hearing) Request to permit the establishment of a private, no fee, commercial parking lot on property located in the R -2 District which is adjacent to property located in the C -1 District. LOCATION: Lot 12, Block 438, Corona del Mar, located at 416 Larkspur Avenue, on the southeasterly side of Larkspur Avenue, between East Coast Highway and Second Avenue, in Corona del Mar. • ZONE: R -2 APPLICANT: Mike Franklin, Corona del Mar OWNER: Franklin Inter Vivos Trust, Corona del Mar Motion x Motion was made to continue Use Permit No. 3179 to the All Ayes Planning Commission meeting of March 6, 1986. Motion voted on, MOTION CARRIED. X F c O O Use Permit No. 3185 (Continued Public Hearing) Request to permit the construction of an office buil- A 9 x - p ,. y m z c m y m z m a A z r x c 2 m o; o O O A m O M M Z A z a z z r m February 20, 1986 m CONDITION: 1. That development mance with the elevations. Beach shall be in substantial confor- approved plot plan, and sign Use Permit No. 3179 (Continued Public Hearing) Request to permit the establishment of a private, no fee, commercial parking lot on property located in the R -2 District which is adjacent to property located in the C -1 District. LOCATION: Lot 12, Block 438, Corona del Mar, located at 416 Larkspur Avenue, on the southeasterly side of Larkspur Avenue, between East Coast Highway and Second Avenue, in Corona del Mar. • ZONE: R -2 APPLICANT: Mike Franklin, Corona del Mar OWNER: Franklin Inter Vivos Trust, Corona del Mar Motion x Motion was made to continue Use Permit No. 3179 to the All Ayes Planning Commission meeting of March 6, 1986. Motion voted on, MOTION CARRIED. -3- MINUTES INDEX Ttam Nn-2 UP3179 Continued to Item No.3 UP3185 Use Permit No. 3185 (Continued Public Hearing) Request to permit the construction of an office buil- ding in the Mariner's Mile Specific Plan Area which exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District and contains a gross structural area in excess of .5 times the buildable area of the site. The proposal also includes a modifi- cation to the Zoning Code so as to allow the use of compact and tandem parking spaces for a portion of the required off - street parking, and a request to use a substandard aisle width with wider than normal parking spaces for a portion of the required parking; and the acceptance of an environmental document. As an option • to the tandem parking spaces, the applicant is willing to purchase an equal amount of in -lieu parking spaces on an annual basis in the Mariner's Mile Municipal Parking Lot. -3- MINUTES INDEX Ttam Nn-2 UP3179 Continued to Item No.3 UP3185 COMMISSIONERS February 20, 1986 X C o E a v = subject property's Grant Deed dated 1955, and he y 9 r v m 2 C T D" 2 C Z N O r O o z a a, z T m I City of Newport Beach MINUTES LOCATION: Lot 45, Tract No. 1133, located at 2620 Avon Street, on the northerly side of Avon Street, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile' Specific Plan Area. ZONE: SP -5 APPLICANT: James Adams, Newport Beach OWNER: Same as applicant William Laycock, Current Planning Administrator, suggested that Condition No. 23 be added requiring that "a sign shall be posted on the front of the subject property indicating that additional parking spaces are available at the rear of the property via an easement from Ocean View Avenue ". Mr. Laycock commented that Condition No. 23 has been added because the adjacent property owner on the easterly side of the subject property previously stated his concern that tenants of the subject property may utilize his driveway. In response to a question posed by Commissioner Turner, Mr. Hewicker advised that the two adjoining lots on either side of the subject property and the residential lot to the north of the subject property will benefit by the aforementioned easement. • -4- James Hewicker, Planning Director, referred to the subject property's Grant Deed dated 1955, and he pointed out that there is an easement over the southerly 20 feet of Lot 48 of Tract No. 1133 for ingress and egress for the benefit of the owners of Lots 44, 45, 46, 47 and 48 of Tract No. 1133. He stated that the lower level parking area at the rear of the subject property will necessitate closure of all openings along the side property lines because of Uniform Building Code requirements. An exhaust fan will be required to exhaust 2300 cubic feet per minute when in operation. Mr. Hewicker referred to Condition No. 18 of Exhibit "A" that states that any roof top or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property lines. William Laycock, Current Planning Administrator, suggested that Condition No. 23 be added requiring that "a sign shall be posted on the front of the subject property indicating that additional parking spaces are available at the rear of the property via an easement from Ocean View Avenue ". Mr. Laycock commented that Condition No. 23 has been added because the adjacent property owner on the easterly side of the subject property previously stated his concern that tenants of the subject property may utilize his driveway. In response to a question posed by Commissioner Turner, Mr. Hewicker advised that the two adjoining lots on either side of the subject property and the residential lot to the north of the subject property will benefit by the aforementioned easement. • -4- February 20, 1986 x F n C o f C z C m y rn z M Z M_ City of Newport Beach c z w o 3 0 0 The public hearing was opened in connection with this item, and Mr. James Adams, applicant, appeared before the Planning Commission. Mr. Adams stated that he concurs with the findings and conditions of approval in Exhibit "A ", including the suggested Condition No. 23 previously stated by Mr. Laycock. Mr. Robert Clark, Co- President of the Newport Heights Community Association, appeared before the Planning Commission. Mr. Clark advised that after the Newport Heights Community Association met with the applicant after the February 6, 1986, Planning Commission meeting, the Community Association was convinced that the applicant is attempting to provide an attractive project, and that the design will set a precedent for the future development in the area. Mr. Clark posed the following concerns that the Community Association has regarding the proposed project: the personal safety for individuals within the subterranean parking structure; the ventillation within the enclosed parking I J I ( I I structure; and the proposed tandem parking. 1 The public hearing was closed at this time. Commissioner Koppelman opined that the proposed project is attractive, that the intensity of the development is within the Mariner's Mile Specific Area Plan guidelines as previously set forth, and that the proposed structure is not obstructing the bay views. Motion K Commissioner Koppelman made a motion to approve Use Permit No. 3185, subject to the findings and conditions of approval. in Exhibit "A ", including recommended Condition No. 23 stating that "a sign shall be posted on the front of the subject property indicating that additional parking spaces are available at the rear of the property via an easement from Ocean View Avenue ". Chairman Person requested that Condition No. 4 be amended to state "that a maximum of 25 on -site parking spaces may be compact parking spaces ". Commissioner Koppelman agreed to the amended condition. Commissioner Goff referred to the February 6, 1986, Planning Commission Meeting whereby he recommended that the subject use permit be continued to enable staff to • come up with Findings for Denial for the subject project. He commented that after reviewing the proposed project, the Findings for Denial as presented by staff, and the evidence presented in the public hearing, that he would support the approval of the use permit. -5- MINUTES INDEX COMMISSIONERS February 20, 1986 xx C o 1 p v stating that a minimum of 1,380± square feet of the 9 m z c m a m Z C Z N a; o o M z m a T m j City of Newport Beach Chairman Person stated that he will support the motion. He asked staff to bring back a mechanism to the Planning Commission as to how the marine - oriented uses will be monitored on sites within the Mariner's Mile Specific Area Plan within thirty to sixty days. Substitute x Chairman Person made a substitute motion to approve Use Motion Permit No. 3185, subject to the findings and conditions of approval in Exhibit "A", including amended Conditions No. 2 and No. 3 with a Floor Area Ratio of .63, that all parking spaces be independently accessible and that the square footage be reduced by 500 square feet, to 880 square feet over .5 times the buildable area, and to include added Condition No. 23. Commissioner Winburn advised her reasons for supporting the original motion: that the proposed plan is within the guidelines of the Mariner's Mile Specific Area Plan; that the proposed plan has been accepted by the Newport Heights Community Association and the developer; that the Findings for Denial are not adequate; and that she would approve the requirement of two or three additional parking spaces in the Municipal parking lot rather than redesigning the proposed project. Discussion followed regarding in -lieu parking. crm- MINUTES INDEX Mr. Hewicker referred to Conditions No. 2 and No. 3 stating that a minimum of 1,380± square feet of the proposed building shall be used exclusively for marine- oriented uses. He commented that the proposed structure is to be built at a Floor Area Ratio of .70 times the buildable area of the site, and the elimination of the two tandem parking spaces would necessitate the redesign of the parking structure to include the same number of parking spaces but not tandem parking spaces, or to reduce the floor area of the proposed structure. Chairman Person stated that he contemplated the reduction of the project to a Floor Area Ratio of .63 for the proposed structure. Commissioner Koppelman advised that her assumption was the redesign of the parking structure so as to add two independently accessible parking spaces instead of reduction of the floor area. Mr. Hewicker suggested that the motion be amended to read that a Floor Area Ratio of .63 times the buildable area shall be permitted. Commissioner Koppelman cited that the original motion did not include a floor area reduction, and that a substitute motion would be appropriate. Substitute x Chairman Person made a substitute motion to approve Use Motion Permit No. 3185, subject to the findings and conditions of approval in Exhibit "A", including amended Conditions No. 2 and No. 3 with a Floor Area Ratio of .63, that all parking spaces be independently accessible and that the square footage be reduced by 500 square feet, to 880 square feet over .5 times the buildable area, and to include added Condition No. 23. Commissioner Winburn advised her reasons for supporting the original motion: that the proposed plan is within the guidelines of the Mariner's Mile Specific Area Plan; that the proposed plan has been accepted by the Newport Heights Community Association and the developer; that the Findings for Denial are not adequate; and that she would approve the requirement of two or three additional parking spaces in the Municipal parking lot rather than redesigning the proposed project. Discussion followed regarding in -lieu parking. crm- MINUTES INDEX February 20, 1986 Beach Commissioner Koppelman opined that the applicant would be able to redesign the on -site parking spaces and eliminate tandem parking. Mr. Hewicker commented that the applicant's intent would be to redesign a portion of the building so as to provide all of the required parking on -site, and that all of the parking spaces would be independently accessible. Mr. Adams, applicant, reappeared before the Planning Commission, advising that in -lieu parking would be an acceptable alternative. He commented that if in -lieu parking would not be acceptable he would redesign the building to keep the square footage of the building as is currently proposed, and he opined that he would not like to reduce the square footage of the project. I I I I I I Discussion followed between Chairman Person and Commissioner Koppelman regarding an amendment to the motion stating that all parking spaces be independently accessible and that no in -lieu parking spaces be 11111111 permitted. Commissioner Koppelman stated that she would accept independent parking spaces and not in -lieu parking spaces. Chairman Person withdrew his substitute motion. Chairman Person stated the following reasons for supporting the original motion: that the Newport Heights Community Association has stated that the .7 times the buildable area is below what the Community Association considers a maximum of what is permitted on site; that the parking spaces will be independently accessible; and that no in -lieu parking would be involved. MINUTES Discussion followed regarding Condition No. 4, wherein. Commissioner Koppelman advised that she would accept the amendment to the motion, and modified Condition No. 4 "that no more than 258 of the parking spaces on site shall be compact spaces ". Discussion followed regarding Commissioner Goff's concerns that Condition No. 1 stating "that development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as noted below ", and that the applicant did not fully state that all of the parking spaces could be independently accessible. Mr. Hewicker replied that the Planning Commission is forcing the applicant to make design changes. Commissioner Turner opined that 18 parking spaces will be required with a -7- F c c o 1 9 r y m 2 c m a m z a s a z r o x C z m W o ° ; m a ° n or City of 2 z a z a z T or February 20, 1986 Beach Commissioner Koppelman opined that the applicant would be able to redesign the on -site parking spaces and eliminate tandem parking. Mr. Hewicker commented that the applicant's intent would be to redesign a portion of the building so as to provide all of the required parking on -site, and that all of the parking spaces would be independently accessible. Mr. Adams, applicant, reappeared before the Planning Commission, advising that in -lieu parking would be an acceptable alternative. He commented that if in -lieu parking would not be acceptable he would redesign the building to keep the square footage of the building as is currently proposed, and he opined that he would not like to reduce the square footage of the project. I I I I I I Discussion followed between Chairman Person and Commissioner Koppelman regarding an amendment to the motion stating that all parking spaces be independently accessible and that no in -lieu parking spaces be 11111111 permitted. Commissioner Koppelman stated that she would accept independent parking spaces and not in -lieu parking spaces. Chairman Person withdrew his substitute motion. Chairman Person stated the following reasons for supporting the original motion: that the Newport Heights Community Association has stated that the .7 times the buildable area is below what the Community Association considers a maximum of what is permitted on site; that the parking spaces will be independently accessible; and that no in -lieu parking would be involved. MINUTES Discussion followed regarding Condition No. 4, wherein. Commissioner Koppelman advised that she would accept the amendment to the motion, and modified Condition No. 4 "that no more than 258 of the parking spaces on site shall be compact spaces ". Discussion followed regarding Commissioner Goff's concerns that Condition No. 1 stating "that development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as noted below ", and that the applicant did not fully state that all of the parking spaces could be independently accessible. Mr. Hewicker replied that the Planning Commission is forcing the applicant to make design changes. Commissioner Turner opined that 18 parking spaces will be required with a -7- maximum of 4 compact parking spaces, and he opined that the applicant may not be able to create 4 compact parking spaces because of design limitations. Motion was voted on to approve Use Permit No. 3185, subject to the findings and conditions of approval in Exhibit "A ", including modified Condition No. 4 stating "that no more than 25% of the parking spaces on site shall be compact parking spaces. In addition, all parking spaces shall be independently accessible, and no in -lieu parking shall be permitted ", and added Condition No. 23 stating that "a sign shall be posted on the front of the subject property indicating that additional parking spaces are available at the rear of the property via an easement from Ocean" View Avenue ". ALL AYES MOTION CARRIED. FINDINGS: 1. The project is consistent with the adopted goals • and policies of the General Plan, the adopted Local Coastal Program Land Use Plan, and the Mariner's Mile Specific Area Plan. 2. The increased building height will result in more public visual open space and views than is required by the basic height limit inasmuch as there is a greater amount of open space on the site adjacent to Avon Street and at the rear of the property than is required. 3. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 4. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces. 5. The structure will have no more floor area than could have been achieved without the use permit for the building height. 6. The project will not have any significant environ- mental impact. MINUTES INDEX February 20, 1986 C F F s o x C i s 9 m > v y m m = Cz 9 T m A= City of Newport Beach maximum of 4 compact parking spaces, and he opined that the applicant may not be able to create 4 compact parking spaces because of design limitations. Motion was voted on to approve Use Permit No. 3185, subject to the findings and conditions of approval in Exhibit "A ", including modified Condition No. 4 stating "that no more than 25% of the parking spaces on site shall be compact parking spaces. In addition, all parking spaces shall be independently accessible, and no in -lieu parking shall be permitted ", and added Condition No. 23 stating that "a sign shall be posted on the front of the subject property indicating that additional parking spaces are available at the rear of the property via an easement from Ocean" View Avenue ". ALL AYES MOTION CARRIED. FINDINGS: 1. The project is consistent with the adopted goals • and policies of the General Plan, the adopted Local Coastal Program Land Use Plan, and the Mariner's Mile Specific Area Plan. 2. The increased building height will result in more public visual open space and views than is required by the basic height limit inasmuch as there is a greater amount of open space on the site adjacent to Avon Street and at the rear of the property than is required. 3. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 4. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces. 5. The structure will have no more floor area than could have been achieved without the use permit for the building height. 6. The project will not have any significant environ- mental impact. MINUTES INDEX COMMISSIONERS February 20, 1986 A x c o s y - C a m 2 c m p m 2 C 2 W 0 r o o i z m= m_ I City of Newport Beach 7. That the increased height of the building will not block any public views from nearby streets or public view parks. 8. That the approval of a modification to the 'Zoning Code, so as to allow the use of compact parking spaces and a substandard parking aisle in conjunc- tion with wider than normal parking spaces 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 and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 9. That the design of the proposed improvements will not conflict with any easements acquired by the • public at large for access through or use of property within the proposed development. 10. That the proposed Floor Area Ratio of .70 times the buildable area of the site is acceptable inasmuch as the floor area in excess of .5 times the buildable area of the site will be used for marine- oriented uses. 11. The approval of Use Permit No. 3185 will not, under the circumstances of this case, be detri- mental 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 confor- mance with the approved plot plan, floor plans and elevations except as may be noted below. 2. That a minimum of 1,380± sq.ft. of the proposed • building shall be used exclusively for a ma- rine- oriented uses as defined in Section 20.62.070 D of the Municipal Code. IM MINUTES INDEX February 20, 1986 x x - M v = y v m z c m o m z M p = a = T m City f Newport Beach `Z y oroa' Y P 3. That as long as the property is developed in excess of .5 times the buildable area of the site, the applicant shall record a covenant, of which the form and content is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to limit the use of 1,380± sq.ft. of floor area in the building solely to marine - oriented uses as defined in Section 20.62.070 D of the Newport Beach Municipal Code. This is in consideration of approval of the use permit to exceed .5 times the buildable area of the site. In the event that any portion of the 1,380± sq.ft, of floor area is not used for marine - oriented uses, that portion of the building shall remain vacant. l I I I I ( 4. That no more than 258 of the parking spaces on Ij site shall be compact parking spaces. In addition, all parking spaces shall be independently accessible, and no in -lieu parking • spaces shall be permitted. 5. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 6. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 7. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 8. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans • shall be prepared and signed by a Licensed Elec- trical Engineer; with a letter from the Engineer stating that,in his opinion, this requirement has been met. -10- MINUTES COMMISSIONERS February 20, 1986 x x C o x A 9 - C a m c z 0 o s O O z a = a = * T j City of Newport Beach 9. That all improvements be constructed as required by ordinance and the Public Works Department. 10. That a standard use permit agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain a building permit prior to completion of the public improve- ments. 11. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 12. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and Public Works Department. 13. That the existing drive apron on Avon Street shall be removed and replaced with curb, gutter and sidewalk and that the deteriorated curb, gutter and sidewalk be reconstructed along the Avon Street frontage under an encroachment permit issued by the Public Works Department. 14. That County Sanitation District fees be paid prior to issuance of any building permits. 15. That as long as the property is developed with a structure which exceeds the basic height limit, the applicant shall record a covenant, of which the form and content is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to not exceed a limita- tion of .70 times the buildable area on the subject property. This is in consideration of approval of the use permit to exceed the basic height limit. 16. That all signs shall be in conformance with the provisions of Chapter 20.06 of the Municipal Code. 17. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants Conditions, and Re- strictions which may be recorded against any undeveloped site. -11- MINUTES COMMISSIONERS February 20, 1985 MINUTES A x C O n C v r v IM m 2 C T q m 2 a = a = T m City of Newport Beach C 2 N p; O O D ROLL CALL I I I I I I INDEX DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns,herein, acknowledge that: a.) The John Wayne Airport will not be able to provide adequate air service for business estab- lishments which rely on such service; b.) The City of Newport Beach will continue to oppose additional commercial area service ex- pansions at the John Wayne Airport; c.) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to limit jet air service at the John Wayne Airport. 18. That any roof top or other mechanical equipment shall be sound attenuated in such a manner as to . achieve a maximum sound level of 55 dBA at the, property lines. 19. That any mechanical equipment or trash containers shall be screened from view from Avon Street and adjoining properties. 20. That the lower parking area shall be redesigned so as to provide a minimum 21 foot wide aisle and minimum 9 ft. -9 in. wide parking spaces. 21. That the proposed development shall provide a minimum of one parking space for each 250 sq. ft. of floor area (18 spaces). 22. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 23. That a sign shall be posted on the front of the subject property indicating that "additional parking spaces are available at the rear of the property via an easement from Ocean View Avenue ". -12- is is Use Permit No. 3012 (Amended)(Continued Public Hearing) Request to amend a previously approved use permit which permitted the establishment of a take -out restaurant, specializing in the sale of shaved ice products, in the C -1 District and waived all of the required off - street parking spaces. In accordance with Condition No. 7 of the existing use permit, the applicant is requesting the subject amendment so as to change the shaved ice facility to a muffin shop which includes the installa- tion of a small oven and the sale of frozen yogurt. The proposal also includes a request to amend Condition No. 8 so as to change the hours of operation from 10:00 a.m. - 10:00 p.m. to 7:00 a.m. - 10:00 p.m. LOCATION: Lot 12, Block 14, Balboa Island Tract, located at 322 Marine Avenue, on the easterly side of Marine Avenue, between Balboa Avenue and the Balboa Island Channel, on Balboa Island. ZONE: C -1 APPLICANT: Lloyd Flodin, Newport Beach OWNERS: Paula Benabou and Howard Tucker, Laguna Hills In response to Commissioner Goff's inquiry regarding the sandwich shop behind the subject property, James Hewicker, Planning Director, advised that the sandwich shop is a legal use. The public hearing was opened in connection with this item, and Mr. Lloyd Flodin, applicant, appeared before the Planning Commission. Mr. Flodin stated that he concurs with the findings and conditions of approval in Exhibit "A ". In response to a question posed by Commissioner Eichenhofer, Mr. Flodin commented that the size of the oven is approximately 4 feet by 4 feet. MINUTES Ms. Betty Felling, 309 Grand Canal, appeared before the Planning Commission opposed to the subject application. Ms. Felling described the intensification of business uses in the 300 block on. Marine Avenue, and she explained that the intensiication of business and residential uses on Balboa Island has created a traffic impact and parking problem on Marine Avenue, including delivery truck stops. She stated her concern regarding trash pick -up and the placement of the trash containers. -13- Item No.4 UP3012A Approved February 20, 1986 x x Z C T 9 q m T Z �= Z Z N o; o m o) Z Z Z m City Y of Newport Beach P D Z Use Permit No. 3012 (Amended)(Continued Public Hearing) Request to amend a previously approved use permit which permitted the establishment of a take -out restaurant, specializing in the sale of shaved ice products, in the C -1 District and waived all of the required off - street parking spaces. In accordance with Condition No. 7 of the existing use permit, the applicant is requesting the subject amendment so as to change the shaved ice facility to a muffin shop which includes the installa- tion of a small oven and the sale of frozen yogurt. The proposal also includes a request to amend Condition No. 8 so as to change the hours of operation from 10:00 a.m. - 10:00 p.m. to 7:00 a.m. - 10:00 p.m. LOCATION: Lot 12, Block 14, Balboa Island Tract, located at 322 Marine Avenue, on the easterly side of Marine Avenue, between Balboa Avenue and the Balboa Island Channel, on Balboa Island. ZONE: C -1 APPLICANT: Lloyd Flodin, Newport Beach OWNERS: Paula Benabou and Howard Tucker, Laguna Hills In response to Commissioner Goff's inquiry regarding the sandwich shop behind the subject property, James Hewicker, Planning Director, advised that the sandwich shop is a legal use. The public hearing was opened in connection with this item, and Mr. Lloyd Flodin, applicant, appeared before the Planning Commission. Mr. Flodin stated that he concurs with the findings and conditions of approval in Exhibit "A ". In response to a question posed by Commissioner Eichenhofer, Mr. Flodin commented that the size of the oven is approximately 4 feet by 4 feet. MINUTES Ms. Betty Felling, 309 Grand Canal, appeared before the Planning Commission opposed to the subject application. Ms. Felling described the intensification of business uses in the 300 block on. Marine Avenue, and she explained that the intensiication of business and residential uses on Balboa Island has created a traffic impact and parking problem on Marine Avenue, including delivery truck stops. She stated her concern regarding trash pick -up and the placement of the trash containers. -13- Item No.4 UP3012A Approved In response to a question posed by Chairman Person Mr. Flodin replied that the trash will be picked up wherever the trash of the ice cream shop was previously picked up. Mrs. Lynn Curtis, 327 Grand Canal, appeared before the Planning Commission. Mrs. Curtis, owner of Haagen -Daz Ice Cream at 322 Marine Avenue, stated that the owner of the previous use on the subject property used Haagen -Daz' trash containers. Mrs. Curtis cited that Haagen -Daz Ice Cream was denied a 7:00 a.m. opening because of the traffic impact on Marine Avenue, that the Balboa Island Associations have not written letters of support regarding the subject business, and she asked what the guidelines are to allow the 7:00 a.m. opening. The public hearing was closed at this time. Commissioner Turner commented that traffic impact, • parking, and trash are concerns on Marine Avenue; however, he said that whatever business opens at the subject site would create a traffic problem and that the proposed business is compatible with the businesses that are currently operating on Marine Avenue. Motion Motion was made to approve Use Permit No. 3012 11 (Amended) subject to the revised findings and conditions of approval in Exhibit "A ". Commissioner Koppelman stated that she would support the motion. She advised that the proposed business is in the middle of the block and not immediately adjacent to residential uses, that the proposed muffin business is a proper useage, and the intensification is not so large so as to create additional problems. Chairman Person stated that he would support the motion on the basis that there were no complaints regarding the. previous business; however, he did caution the applicant to abide by the findings and conditions within the use permit, because the Planning Commission may add to or modify conditions of approval or recommend revocation if there is a determination that the operation causes injury, or is detrimental to • the health, safety, peace, morals, comfort, or general welfare of the community. All Ayes Motion voted on to approve Use Permit No. 3012 (Amended) subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. -14- MINUTES INDEX February 20, 1986 x 0 n r a m c z m a s T o o City of Newport Beach a z M z In response to a question posed by Chairman Person Mr. Flodin replied that the trash will be picked up wherever the trash of the ice cream shop was previously picked up. Mrs. Lynn Curtis, 327 Grand Canal, appeared before the Planning Commission. Mrs. Curtis, owner of Haagen -Daz Ice Cream at 322 Marine Avenue, stated that the owner of the previous use on the subject property used Haagen -Daz' trash containers. Mrs. Curtis cited that Haagen -Daz Ice Cream was denied a 7:00 a.m. opening because of the traffic impact on Marine Avenue, that the Balboa Island Associations have not written letters of support regarding the subject business, and she asked what the guidelines are to allow the 7:00 a.m. opening. The public hearing was closed at this time. Commissioner Turner commented that traffic impact, • parking, and trash are concerns on Marine Avenue; however, he said that whatever business opens at the subject site would create a traffic problem and that the proposed business is compatible with the businesses that are currently operating on Marine Avenue. Motion Motion was made to approve Use Permit No. 3012 11 (Amended) subject to the revised findings and conditions of approval in Exhibit "A ". Commissioner Koppelman stated that she would support the motion. She advised that the proposed business is in the middle of the block and not immediately adjacent to residential uses, that the proposed muffin business is a proper useage, and the intensification is not so large so as to create additional problems. Chairman Person stated that he would support the motion on the basis that there were no complaints regarding the. previous business; however, he did caution the applicant to abide by the findings and conditions within the use permit, because the Planning Commission may add to or modify conditions of approval or recommend revocation if there is a determination that the operation causes injury, or is detrimental to • the health, safety, peace, morals, comfort, or general welfare of the community. All Ayes Motion voted on to approve Use Permit No. 3012 (Amended) subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. -14- MINUTES INDEX COMMISSIONERS February zo, lase MINUTES . t Beach INDEX 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to traffic circulation, walls, landscaping, utilities, and the required parking spaces will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That the proposed use does not represent an intensification of use that will result in an • increased parking demand for the area. 5. The approval of Use Permit No. 3012 (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 confor- mance with the approved floor plan. 2. That no cooking or preparation of food other than frozen yogurt, muffins, coffee or related products, shall he permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 3. That operation of the facility shall be restricted to the hours between 7:00 a.m. and 10:00 p.m. daily. 4. That the development standards pertaining to traffic circulation, walls, landscaping, utili- -15- A x - C O ° i C v m 2 c m y m Z m a `Z a N Z r °; 0 ° x m° m y T m °City of z a = y z m m t Beach INDEX 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to traffic circulation, walls, landscaping, utilities, and the required parking spaces will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That the proposed use does not represent an intensification of use that will result in an • increased parking demand for the area. 5. The approval of Use Permit No. 3012 (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 confor- mance with the approved floor plan. 2. That no cooking or preparation of food other than frozen yogurt, muffins, coffee or related products, shall he permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 3. That operation of the facility shall be restricted to the hours between 7:00 a.m. and 10:00 p.m. daily. 4. That the development standards pertaining to traffic circulation, walls, landscaping, utili- -15- COMMISSIONERS February 20, 1986 x x c o n e z 9 v y 9 m z c m y m z c z 0 O r 0 0 I= z m,, T m f City of Newport Beach ties, parking lot illumination and required parking spaces shall be waived. 6. That no alcoholic beverages shall be sold on the premises unless the Planning Commission approves an amendment to this use permit. 7. That trash receptacles for patrons shall be located in convenient 'locations inside the building. 8. That all exterior lighting and signs shall conform to Chapters 20.06 and 20.72 of the Newport Beach Municipal Code. 9. That all mechanical equipment and trash areas shall be screened from Marine Avenue and the adjoining alley and properties. 10. That a trash compactor shall be installed. . 11. That all trash, including compact trash bags and recyclable containers, shall he stored within the building until they are to be picked up. 12. That the sidewalk on Marine Avenue shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain system. 13. That only bench seating shall be provided in the facility. 14. The use of video games on the premises shall be prohibited. 15. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. -16- MINUTES INDEX COMMISSIONERS February 20, 1986 F x C O n Request to amend the Land Use Element of the Newport z c m y m z Beach General Plan, changing the designation for the 2 0 p; o o 1Ic a z A a T m l City of Newport Beach Cannery Village area from a mixture of "Recreational Use Permit No. 3188 (Continued Public Hearing) Request to establish a nighttime restaurant with on -sale beer and wine and a daytime take -out restaurant establishment on property located in the C -1 District, where a take -out restaurant (Papagayo's) previously existed. The proposal also includes a request to approve an informal off -site parking agreement for the additional parking required for the nighttime dinner operation, and a request to waive all of the required off - street parking spaces in conjunction with the daytime use on the property. LOCATION: Lots 5, 6, and 7, Block 5, Balboa Tract, located at ,209; Palm Street, on the southwesterly corner of Palm Street and East Bay Avenue, in Central Balboa. ZONE: C -1 • APPLICANT: Opaso Vachirachatchot, Balboa OWNER: Estate of Albert Gilbert, Security Pacific Bank, Administrator, Newport Beach Motion Motion was made to continue Use Permit No. 3188 to the All Ayes March 6, 1986, Planning Commission Meeting. Motion voted on, MOTION CARRIED. * x � MINUTES -17- Item No.5 UP3188 Continued to 3 -6 -RA Item No.6 GPA 86 -1A Amend.NO.BA Amendment No.629 Continued to 3 -6 -86 A. General Plan Amendment 86 -1(A) (Discussion) Request to amend the Land Use Element of the Newport Beach General Plan, changing the designation for the Cannery Village area from a mixture of "Recreational and Marine Commercial" and "General Industry" uses to "Recreational and Marine Commercial" uses on the bayfront sites, "Retail and Service Commercial" uses in the area northerly of 29th Street between Newport Boulevard and Villa Way, and a mixture of "Retail and Service Commercial" and "General Industry" uses for the remainder of the area. It is further proposed to change the designation for the McFadden Square area from "Recreational and Marine Commercial" to "Retail and Service Commercial" uses. Those existing areas designated for "Two - family Residential" and "Multi - Family Residential" uses are to remain unchanged. -17- Item No.5 UP3188 Continued to 3 -6 -RA Item No.6 GPA 86 -1A Amend.NO.BA Amendment No.629 Continued to 3 -6 -86 V"""✓✓'v'114 February 20, 1986 z x C a = 9 v m z c c m s m = C Z M m 0 o o i m> 0 0 r T j City of Newport Beach Z n Z s z M m ml B. Amendment No. .8 (A) to the Citv of Request to amend the Local Coastal Program, Land Use Plan, changing the designation of the non - bayfront sites from "Recreational and Marine Commercial" to "Retail and Service Commercial" uses. It is further proposed to change the designation for the McFadden Square area from "Recreational and Marine Commercial" to "Retail and Service Commercial" uses. Those existing areas designated for "Two- family Residential" and "Multi - Family Residential" uses are to remain un- changed. Amendments will also be required to Land Use Plan Maps No. 3, 8, and 9. F_TkTmj • C. Amendment No. 629 (Continued Public Hearing) Request to consider amending Title 20 of the Newport Beach Municipal Code, adding Chapter 20.63, the Cannery Village /McFadden Square Specific Area Plan, and amend- ing Districting Maps, Nos. 3, 8, and 9, deleting the existing zoning districts and adding the S -P desig- nation; and the acceptance of an environmental docu- ment. LOCATION: Area generally bounded by 32nd Street on the north; the Rhine Channel on the east; 19th Street on the south; and West Ocean Front, 24th Street and West Balboa Boulevard on the west. ZONE: From C -1, C -1 -H, C -O -Z, M -1, U, R -2, R -3, and R -4 to SP -6. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, pointed out that the staff report relating to the public improvement segment of the Cannery Village /McFadden Square, correspondence dated from September 17, 1985, that has taken place between the staff, a member of the citizens committee who participated in the preparation of the draft plan, and the Lido Isle Community Association, and a staff -18- MINUTES INDEX COMMISSIONERS February 20, 1986 X C o issues as follows: That hotels and motels have been x v Im v r m 2 C m s m Z permitted in the Cannery Village since 1936. In 1982 C Z W O r O O M Z a T m I City of Newport Beach the Local Coastal Program, Land Use Plan, identified report that addresses issues raised in the past by the Planning Commission, Lido Isle Community Association, and by the press concerning Cannery Village /McFadden Square have been distributed to the Planning Commission. Newport Boulevard widening: Phase 1 of the Newport Boulevard widening has been in the City's Master Plan of streets and highways since 1973. The Phase I project provides for the widening of Newport Boulevard outbound to three lanes from 32nd Street to West Coast Highway. Phase 2 of the project is the only section that is in the Specific Area Plan area. This Phase would not be implemented until after Phase 1 is completed and the system evaluated to determine whether or not going to Phase 2 would actually increase capacity.. Changing the Marine/Historical Image of the Cannery • Village/McFadden Square area: Section 20.63.025 of the Draft Plan has detailed design and development guidelines for maintaining the Cannery Village theme and the McFadden Square architectural theme. He said that these design standards are intended to preserve the existing characteristics of the area. -19- MINUTES INDEX Chris Gustin, Senior Planner, outlined the related issues as follows: That hotels and motels have been permitted in the Cannery Village since 1936. In 1982 the Local Coastal Program, Land Use Plan, identified hotels and motels as a priority visitor - serving use, and that they should be established along the bayfront. He said that hotels and motels typically produce less traffic than a business of the same size, a hotel room will generate approximately,12 vehicular trips per day, a normal office use will generate 13 trips per 1,000 square feet, and a retail use will generate approximately 40 trips per day. Mr. Gustin explained that the normal peak hour characteristics of a hotel are right after the morning peak hours, and slightly after the evening peak hours. He cited that the draft Specific Area Plan provides a hotel floor area limitation of 1.0 ratio to the land use area, with the exception that the development rights from one site are transferred to another, in which case the maximum development permitted would be 2.0 times the site area provided that the land from which development rights were transferred was restricted from all commercial development. He explained that current development standards permit 2.0 times to 3.0 times the buildable area of the site. Newport Boulevard widening: Phase 1 of the Newport Boulevard widening has been in the City's Master Plan of streets and highways since 1973. The Phase I project provides for the widening of Newport Boulevard outbound to three lanes from 32nd Street to West Coast Highway. Phase 2 of the project is the only section that is in the Specific Area Plan area. This Phase would not be implemented until after Phase 1 is completed and the system evaluated to determine whether or not going to Phase 2 would actually increase capacity.. Changing the Marine/Historical Image of the Cannery • Village/McFadden Square area: Section 20.63.025 of the Draft Plan has detailed design and development guidelines for maintaining the Cannery Village theme and the McFadden Square architectural theme. He said that these design standards are intended to preserve the existing characteristics of the area. -19- MINUTES INDEX M/V\ISSIONERS February 20, 1986 MINUTES x x c o � x v v m 2 c m y ,q Z M 9 z A= T City of Newport Beach c 2 N p r O O Separating Cannery Village /McFadden Square and treating them as separate areas: In 1976 the City amended the General Plan to expand the boundaries of Cannery Village /McFadden Square Specific Area Plan because the additional areas are also part of the same problem areas and they should be addressed as one comprehensive package. Street improvements are considered an unnecessary expenditure of funds: Staff is of the opinion that the Newport Boulevard widening project is essential, the Villa Way widening project has a limited local benefit to the Cannery Village area; and the Newport Boulevard /Balboa Boulevard realignment, if the realignment can be shown to be an effective program to actually increase capacity and to resolve some of the problems, should be implemented. Staff continues to recommend that the Newport Boulevard Island realignment be deleted from the Plan. . Source of the funds for these projects: Mr. Gustin stated that a breakdown of potential sources of funds based on the estimated costs of the project has been completed regarding the Cannery Village area: Project 2, the Villa Way widening; Project 3, the parking facility; Project 4, curbs, gutters and sidewalks; Project 5, the streetscape improvements; Project 6, the pedestrian walk; and Project 7, the underground utilities project, are already recommended to be funded by an Assessment District and the breakdown is provided in the report on the estimated costs on a lot by lot or per square foot basis. In response to a question posed by Chairman Person, Mr. Gustin replied that the Assessment District is funded by the benefiting property owners in the area. The source of funds regarding McFadden Square: Project 8, Newport Boulevard /Balboa Boulevard realignment, only the landscape portion of that project; Project 9, the parking facility; Project 10, the McFadden Square Plaza; Project 12, the McFadden Square Promenade; and Project 13, the streetscape improvements will all be funded by Assessment Districts. -20- In response to a question posed by Chairman Person • concerning the widening of Newport Boulevard, Donald Webb, City Enginner, replied that the proposed project includes the widening of the existing channel bridge -20- WV\ISSIONERS February 20, 1986 MINUTES F F T. C O O x 1 y 9 a 9 m Z C T D m Z A= a a r m I City of Newport Beach C z N p r o 0 structure to provide an additional outbound lane; however, he explained that if the City Council approves a proposal that would replace the existing channel bridge with a higher and wider bridge, an inbound lane would also be provided, widening Newport Boulevard from 5 lanes to 6 lanes, from 32nd Street to West Coast Highway. Mr. Webb further replied that Newport Boulevard is proposed to be widened to 6 lanes north of 30th Street. Mr. Gustin agreed with Chairman Person that the proposed Cannery Village /McFadden Square Specific Area Plan increases the number of hotel and motel required parking spaces on site from 1 parking space per 2 rooms to 1 parking space to 1 room, and that there would be a reduction of allowable buildable area on all properties in this area. The public hearing reopened in connection with this item, and Mr. Randolph Kroenert, 119 Via Zurich and property owner on Balboa Peninsula, appeared before the Planning Commission, as an individual and as a member of the Lido Isle Community Association and the Balboa Peninsula Association. Mr. Kroenert expressed his concerns regarding the draft Specific Area Plan as follows: the proposed tourist and recreational oriented concept of the traffic plan, and he opined that the mixmaster project is not projected to be on a critical time schedule; he asked why hotels have not been previously developed in the Cannery Village area, and he opined that hotels create additional traffic beyond staff's projected traffic for hotel rooms; and he opined that the proposed parking areas for Cannery Village/McFadden will create nothing but .parking lots. In response to a question posed by Chairman Person, Mr. Hewicker stated that the City has not received any applications to develop hotels within the Cannery Village /McFadden Square area as a result of the • proposed Specific Area Plan. Commissioner Eichenhofer cited that a landowner could currently develop a hotel at 3.0 times the buildable area before the Specific Area Plan is adopted, and before the buildable area is reduced to 1.0 times the buildable area, and she -21- In response to a question posed by Commissioner Kurlander, Mr. Webb replied that the Public Utilities • Commission grants an amount of money each year to the City for underground utilities. Mr. Webb described how the funding could be applicable to Newport Beach. The public hearing reopened in connection with this item, and Mr. Randolph Kroenert, 119 Via Zurich and property owner on Balboa Peninsula, appeared before the Planning Commission, as an individual and as a member of the Lido Isle Community Association and the Balboa Peninsula Association. Mr. Kroenert expressed his concerns regarding the draft Specific Area Plan as follows: the proposed tourist and recreational oriented concept of the traffic plan, and he opined that the mixmaster project is not projected to be on a critical time schedule; he asked why hotels have not been previously developed in the Cannery Village area, and he opined that hotels create additional traffic beyond staff's projected traffic for hotel rooms; and he opined that the proposed parking areas for Cannery Village/McFadden will create nothing but .parking lots. In response to a question posed by Chairman Person, Mr. Hewicker stated that the City has not received any applications to develop hotels within the Cannery Village /McFadden Square area as a result of the • proposed Specific Area Plan. Commissioner Eichenhofer cited that a landowner could currently develop a hotel at 3.0 times the buildable area before the Specific Area Plan is adopted, and before the buildable area is reduced to 1.0 times the buildable area, and she -21- COMMISSIONERS MINUTES February 20, 1986 x c o � x z c m y m z Z A= T j City of Newport Beach C Y N a r O O ROLL CALL INDEX commented that the area may not be suitable for hotels. Mr. Kroenert stated that if the there is not an incentive to build hotels in the Cannery Village/McFadden Square area, then why not delete hotels from the Specific Area Plan. Mr. Hewicker advised that there have been two use permits approved in recent years for new motels within the immediate vicinity; however, there have been several hotels or motels in the immediate vicinity that have been refurbished. He stated that during the two to three years of initiating the Local Coastal Program, the testimony revealed that the Coastal Commission has given high priority to hotels in order that the public may stay on the waterfront. He further cited that hotels do not generate the traffic characteristics of other businesses. Chairman Person explained that the Specific Area Plan would downzone the intensity of the use from what is allowed in the current zoning, and that in the past there has been a great deal of opposition to downzoning. Mr. Kroenert summarized his • I l l l i l l l testimony that traffic in the Cannery village/McFadden Square area is the number one problem, and to strike out hotels from the Specific Area Plan. Marguerite Forgit, 2205 Balboa Boulevard, and McFadden Square property owner, appeared before the Planning Commission, in opposition to the Specific Area Plan. Mrs. Forgit stated her concerns regarding the lack of public parking for tenants and residents of her building, and where they will park when the redevelopment is consummated. Mrs. Forgit pointed out the taxpayer's expense if the parking structure would be developed on her property in order to accommodate the tourists. She explained that each property owner should be responsible for the maintenance of their own property. In response to a question posed by Chairman Person, Mr. Gustin stated that there is not a specific site designated within the McFadden Square area for a parking structure, and that the City has no plan to develop the parking structure on Mrs. Forgit's property. Mrs. Forgit opined that her McFadden Square property has been discussed as a possible location for the parking structure. I I I I I I Mr. Don Buttle, 326 Buena Vista Boulevard, appeared before the Planning Commission, as a property owner at 409, 411, and 413 31st Street, within the Cannery -22- COMMISSIONERS Foc,-, o v C m m A A z r Lf 0 2 �Am O ma�T�City of Z February 20, 1986 t Beach Village. Mr. Buttle stated his dissatisfaction with the Specific Area Plan, and he explained how the expense of the proposed Projects within Cannery Village would cost him $58,400.00. He commented that the City is trying to establish a redevelopment area. Mr. Tom Hyans, 217 - 19th Street, appeared before. the Planning Commission, as a member of the Central Newport Beach Community Association Board of Directors. Mr. Hyans commented that members of the Community Association. have actively participated on the Cannery Village /McFadden Square Ad Hoc Committee, and have contributed to the development of the Specific Area Plan. Mr. Hyans stated that he and members of the Central Newport Beach Community Association support the draft Specific Area Plan. Mr. Bill Schock, 212 Via Lido Nord, appeared before the Planning Commission. Mr. Schock commented that the Newport Boulevard channel bridge should be widened to • six lanes and have priority before the development of the Cannery Village in order to get the automobiles off of the Peninsula. Mr. Webb explained the proposed widening of the channel bridge, and that the proposed bridge development could be accomplished within three years. He said that the improvements within Cannery Village depends upon when the Assessment District is formed and how the people within Cannery Village want to advance the improvements. Commissioner Turner cited that the Planning Commission can schedule the widening of Newport Boulevard after the construction of channel bridge. Mr. John Miller, 1475 Newport Boulevard, appeared before the Planning Commission, asking what is the purpose of the Specific Area Plan. He opined that Newport Boulevard will be widened to allow additional automobiles to come to the Balboa Peninsula area in order to park in the proposed parking structures to allow the public to shop at the local businesses. Mr. Joe Rosener, 125 Via Venezia, appeared before the Planning Commission. Mr. Rosener proposed that Cannery Village be oriented as a resident serving area, and that McFadden Square be oriented as a visitor serving area. He pointed out that businesses within Lido • Village have had a difficult time to stay in business for economic reasons, and to allow duplicate businesses -23- MINUTES A z A a T m February 20, 1986 t Beach Village. Mr. Buttle stated his dissatisfaction with the Specific Area Plan, and he explained how the expense of the proposed Projects within Cannery Village would cost him $58,400.00. He commented that the City is trying to establish a redevelopment area. Mr. Tom Hyans, 217 - 19th Street, appeared before. the Planning Commission, as a member of the Central Newport Beach Community Association Board of Directors. Mr. Hyans commented that members of the Community Association. have actively participated on the Cannery Village /McFadden Square Ad Hoc Committee, and have contributed to the development of the Specific Area Plan. Mr. Hyans stated that he and members of the Central Newport Beach Community Association support the draft Specific Area Plan. Mr. Bill Schock, 212 Via Lido Nord, appeared before the Planning Commission. Mr. Schock commented that the Newport Boulevard channel bridge should be widened to • six lanes and have priority before the development of the Cannery Village in order to get the automobiles off of the Peninsula. Mr. Webb explained the proposed widening of the channel bridge, and that the proposed bridge development could be accomplished within three years. He said that the improvements within Cannery Village depends upon when the Assessment District is formed and how the people within Cannery Village want to advance the improvements. Commissioner Turner cited that the Planning Commission can schedule the widening of Newport Boulevard after the construction of channel bridge. Mr. John Miller, 1475 Newport Boulevard, appeared before the Planning Commission, asking what is the purpose of the Specific Area Plan. He opined that Newport Boulevard will be widened to allow additional automobiles to come to the Balboa Peninsula area in order to park in the proposed parking structures to allow the public to shop at the local businesses. Mr. Joe Rosener, 125 Via Venezia, appeared before the Planning Commission. Mr. Rosener proposed that Cannery Village be oriented as a resident serving area, and that McFadden Square be oriented as a visitor serving area. He pointed out that businesses within Lido • Village have had a difficult time to stay in business for economic reasons, and to allow duplicate businesses -23- MINUTES COMMISSIONERS February 20, 1986 F x C O O x M , v m z c m y m z i z a z p= T m( City of Newport Beach C z N O r O O within Cannery Village as a visitor serving area does not make sense. Mr. Rosener opined that McFadden Square should be separated from Cannery Village, that the two areas have different principles and different orientations. He cited that if the the concept of hotels and motels would be eliminated there would be no reason to provide facilities for visitor serving activities. In response to a question posed by Commissioner Turner, Mr. Rosener replied that the draft Specific Area Plan has a specialty- retail area within Cannery Village that could be developed similar to Lido Village. In response to questions posed by Chairman Person, Mr. Rosener stated that he does not object to any of the proposed land uses of the Specific Area Plan; however, he does object to a hotel or motel in the Cannery Village area and he would like to see the preservation of the free enterprise system. Mr. Rosener opined that • if the Cannery Village area becomes a visitor serving, area then there would be an economic feasibility that a hotel or motel would be developed. Commissioner Turner asked Mr. Rosener what type of businesses he would recommend for the Cannery Village area. Mr. Rosener replied that he would recommend that the public improvements be upgraded. He opined that the area is improving, and that the businesses be resident supported instead of visitor supported. Chairman Person advised Mr. Rosener that a recent study has shown that the Cannery Village is 173 parking spaces short according to existing uses in this area, and he asked Mr. Rosener's opinion of the proposed parking structure. Mr. Rosener replied that the parking problem needs to be solved only as a resident serving area, and that the area does not need to set aside parking spaces for busses. He cited that if the philosophical approach in Cannery Village is to create a resident serving area, to eliminate hotels and motels, and then the only solution to the parking problem is a parking structure, then he would have no objection. In response to a question posed by Commissioner Turner, • Mr. Rosener advised that Cannery Village and McFadden Square should be separated because the McFadden Square area is a natural resource area, and Cannery Village is -24- MINUTES V\MISSIONERS February 20, 1986 is an artifically serving area. Mr. Rosener explained that the Cannery Village is in the Rhine Channel of the back harbor area, and not located in a harbor oriented area; thereby the distinction between the beach and the. harbor. Discussion followed between Commissioner Turner, Mr. Rosener, and Mr. Hewicker regarding if the Coastal Commission would support the Cannery Village as a resident serving area as opposed to a visitor serving area. Commissioner Koppelman cited that the hotel and motel zoning was included in the Local Coastal Plan currently in effect, and was an integral part of the approval by the Coastal Commission. Discussion followed regarding the visitor serving concept of the Coastal Commission, and Mr. Hewicker commented that one of the reasons for the Cannery Village /McFadden Square visitor serving concept was to increase public accessibility of the coastline. Commissioner Koppelman asked if projects approved within the Cannery . Village/McFadden Square Specific Area Plan would have to have Coastal Commission approval. Mr. Hewicker cited that the subject Specific Area Plan is one of the implementation documents to be approved by the Coastal Commission, and that the City is attempting to bring a document that meets the Land Use Plan as certified by the Coastal Commission in 1982, so that the City can have the document approved by the Coastal Commission, and if the document is not in compliance with the Land Use Plan, the Coastal Commission will not approve the Specific Area Plan. Mr. Rosener asked if the hotels and motels are not included in the proposed Cannery Village/McFadden Square Specific Area Plan, if the Coastal Commission may not approve the Specific Area Plan. The Planning Commission recessed at 9:20 p.m. and reconvened at 9:35 p.m. Mr. Hewicker read a letter signed by Donald J. Regan, representing Central Newport Beach Community Association dated February 20, 1986, addressed to Mr. Wynn, City Manager, and Planning Commission Chairman Person, advising that the Central Newport Beach Community Association unanimously supports the general • concept and the subject Specific Area Plan. -25- MINUTES INDEX �c z C o � F o o = _ v m z c C m a m z C Z Z m Z p; A= 0 r 0 m City of Newport Beach is an artifically serving area. Mr. Rosener explained that the Cannery Village is in the Rhine Channel of the back harbor area, and not located in a harbor oriented area; thereby the distinction between the beach and the. harbor. Discussion followed between Commissioner Turner, Mr. Rosener, and Mr. Hewicker regarding if the Coastal Commission would support the Cannery Village as a resident serving area as opposed to a visitor serving area. Commissioner Koppelman cited that the hotel and motel zoning was included in the Local Coastal Plan currently in effect, and was an integral part of the approval by the Coastal Commission. Discussion followed regarding the visitor serving concept of the Coastal Commission, and Mr. Hewicker commented that one of the reasons for the Cannery Village /McFadden Square visitor serving concept was to increase public accessibility of the coastline. Commissioner Koppelman asked if projects approved within the Cannery . Village/McFadden Square Specific Area Plan would have to have Coastal Commission approval. Mr. Hewicker cited that the subject Specific Area Plan is one of the implementation documents to be approved by the Coastal Commission, and that the City is attempting to bring a document that meets the Land Use Plan as certified by the Coastal Commission in 1982, so that the City can have the document approved by the Coastal Commission, and if the document is not in compliance with the Land Use Plan, the Coastal Commission will not approve the Specific Area Plan. Mr. Rosener asked if the hotels and motels are not included in the proposed Cannery Village/McFadden Square Specific Area Plan, if the Coastal Commission may not approve the Specific Area Plan. The Planning Commission recessed at 9:20 p.m. and reconvened at 9:35 p.m. Mr. Hewicker read a letter signed by Donald J. Regan, representing Central Newport Beach Community Association dated February 20, 1986, addressed to Mr. Wynn, City Manager, and Planning Commission Chairman Person, advising that the Central Newport Beach Community Association unanimously supports the general • concept and the subject Specific Area Plan. -25- MINUTES INDEX February 20, 1986 Beach Mr. Gustin advised Chairman Person that the uses permitted in the proposed specialty retail area of Cannery Village will be virtually identical to the current uses. In response to Commissioner Turner regarding the size of parcels of land within Cannery Village, Mr. Gustin replied that the lots are 30 feet wide; however, he said that there are several groupings of lots that are held under one ownership. Chairman Person confirmed that the Specific Area Plan is not proposing to change the specific use of a property owner's property. Mr. Gustin explained that the difference between the land uses permitted in the specialty retail, and retail and service is that light industrial uses are permitted in the retail and service areas. Mr. Chan Lefebvre, 2112 East Balboa Boulevard, appeared before the Planning Commission. Mr. Lefebvre advised that because of the reduced density and the imposition of parking requirements, that traffic is an unlikely problem. He said that he is opposed to Project No. 9, McFadden Square Parking Structure, and Project No. 14, Newport Boulevard Island acquisition because they are traffic generating. He questioned the priorities of the timing of the public improvements, commenting that the Balboa Peninsula traffic is a primary concern; however, the Newport Boulevard widening and the restriping of outbound lane of Newport Boulevard are planned for last. Chairman Person pointed out that the timing of Newport Boulevard is related to the aforementioned channel bridge construction. MINUTES Mrs. Barbara Stabler, 123 Via Undine, appeared before the Planning Commission. Mrs. Stabler stated her concern regarding the funding of the proposed Specific Area Plan. Mr. Webb replied that the funding will not come from public funds, that the assessment would be made from the property owners who would benefit from the improvements. He explained that an Assessment District boundary is set up based on the properties that front on the improvements that are being contemplated. Mrs. Stabler opined that funding of the Specific Area Plan should be the first consideration before the approval of the Specific Area Plan. Mr. Webb explained to Mrs. Stabler that the City Council determines the funding for the Specific Area Plan.' Chairman Person explained that before the City council -26- X x 11 n f 9 9 = 1 y L r v m 2 c m y ,ri Z O A ` Z a N z r ° i ° 0 S ° i s O m a City of 2 9 z r m February 20, 1986 Beach Mr. Gustin advised Chairman Person that the uses permitted in the proposed specialty retail area of Cannery Village will be virtually identical to the current uses. In response to Commissioner Turner regarding the size of parcels of land within Cannery Village, Mr. Gustin replied that the lots are 30 feet wide; however, he said that there are several groupings of lots that are held under one ownership. Chairman Person confirmed that the Specific Area Plan is not proposing to change the specific use of a property owner's property. Mr. Gustin explained that the difference between the land uses permitted in the specialty retail, and retail and service is that light industrial uses are permitted in the retail and service areas. Mr. Chan Lefebvre, 2112 East Balboa Boulevard, appeared before the Planning Commission. Mr. Lefebvre advised that because of the reduced density and the imposition of parking requirements, that traffic is an unlikely problem. He said that he is opposed to Project No. 9, McFadden Square Parking Structure, and Project No. 14, Newport Boulevard Island acquisition because they are traffic generating. He questioned the priorities of the timing of the public improvements, commenting that the Balboa Peninsula traffic is a primary concern; however, the Newport Boulevard widening and the restriping of outbound lane of Newport Boulevard are planned for last. Chairman Person pointed out that the timing of Newport Boulevard is related to the aforementioned channel bridge construction. MINUTES Mrs. Barbara Stabler, 123 Via Undine, appeared before the Planning Commission. Mrs. Stabler stated her concern regarding the funding of the proposed Specific Area Plan. Mr. Webb replied that the funding will not come from public funds, that the assessment would be made from the property owners who would benefit from the improvements. He explained that an Assessment District boundary is set up based on the properties that front on the improvements that are being contemplated. Mrs. Stabler opined that funding of the Specific Area Plan should be the first consideration before the approval of the Specific Area Plan. Mr. Webb explained to Mrs. Stabler that the City Council determines the funding for the Specific Area Plan.' Chairman Person explained that before the City council -26- can allocate funds, there has to be a Plan. Commissioner Goff cited that the Cannery Village /McFadden Square Specific Area Plan affects the General Plan, and funding cannot be specific at the General Plan level. Carol Korade, Assistant City Attorney, advised that when the Assessment District is established that a majority of the landowners being assessed will be allowed to vote and approve the Assessment District. She said that the City and Planning Commission will give landowners benefiting from the Assessment District an opportunity to voice their opinion. February 20, 1986 1 0 1 0 the Planning Commission. Mr. Robinson opined that the z c m y z M C 2 0, r 0 0 p 1,a = T m fl City of Newport Beach footage allowed to build on property; cuts down on can allocate funds, there has to be a Plan. Commissioner Goff cited that the Cannery Village /McFadden Square Specific Area Plan affects the General Plan, and funding cannot be specific at the General Plan level. Carol Korade, Assistant City Attorney, advised that when the Assessment District is established that a majority of the landowners being assessed will be allowed to vote and approve the Assessment District. She said that the City and Planning Commission will give landowners benefiting from the Assessment District an opportunity to voice their opinion. Mr. Curt Herberts, 2290 Channel Road, appeared before the Planning Commission. Mr. Herberts commented that parking is a very serious problem within the Cannery Village area, and he stated that the parking structure is necessary. As an idea to help fund the parking structure, Mr. Herberts recommended that employers within Cannery Village could subsidize employees so that the employees may park within the parking structure to allow the public to park elsewhere. Mr. Herberts emphasized the importance of efficient traffic circulation, and he opined that all of Newport Boulevard be developed at the same time. Mr. Ned Kriz, 128 Via Ithaca, appeared before the Planning Commission with concerns regarding floor area • ratio and height limitations. Mr. Hewicker confirmed that there would be a 35 foot height limitation; Mr. Gustin stated that the current zoning in effect permits approximately 2.9 million square feet of development; -27- MINUTES Mr. Ted Robinson, 205 Via Lido soud, appeared before the Planning Commission. Mr. Robinson opined that the Specific Area Plan does not negatively affect the residents of Lido Isle. He said that the draft Specific Area Plan cuts down the amount of square footage allowed to build on property; cuts down on traffic; does not permit uses that are not already allowed; that most of the residents are in favor of the curb and streetscape improvements and the parking facility. He pointed out that Villa Way property owners will have the opportunity to vote for the widening of Villa Way, and he opined that the street widening would not adversely affect the area. He stated that he does not find any fault with the draft Specific Area Plan. Mr. Curt Herberts, 2290 Channel Road, appeared before the Planning Commission. Mr. Herberts commented that parking is a very serious problem within the Cannery Village area, and he stated that the parking structure is necessary. As an idea to help fund the parking structure, Mr. Herberts recommended that employers within Cannery Village could subsidize employees so that the employees may park within the parking structure to allow the public to park elsewhere. Mr. Herberts emphasized the importance of efficient traffic circulation, and he opined that all of Newport Boulevard be developed at the same time. Mr. Ned Kriz, 128 Via Ithaca, appeared before the Planning Commission with concerns regarding floor area • ratio and height limitations. Mr. Hewicker confirmed that there would be a 35 foot height limitation; Mr. Gustin stated that the current zoning in effect permits approximately 2.9 million square feet of development; -27- MINUTES COMMISSIONERS February 20, 1986 x x Mo f a y development, under the Specific Area Plan the maximum • ti v m z c m o m z Z N O r o o 1Ic A a= l City of Newport Beach z T m Mr. Chris Kuhta, 120 - 27th Street, appeared before the Planning Commission. Mr. Kuhta commented that he supports the Specific Area Plan; however, he cited the funding as an important issue. He asked the Planning Commission if any one of the Planning Commissioners owns property within the Cannery Village /McFadden Square area? Commissioner Koppelman explained that none of the Planning Commissioners own property within the subject area, and if one of the Commissioners did, that the Commissioner would have to step down because of a conflict of interest. Mr. Kuhta commented that the proposed costs of Projects 8, 9, 10, 12, and 13, affecting him on his property within McFadden Square would be $50,000.00 to $60,000.00. He recommended that the visitor serving area be assessed by the people living outside of the immediate vicinity and the City, not the landowners. Chairman Person stated that the proposed projects recommended by staff would be implemented in phases. existing on the ground is 682,180 square feet of development, under the Specific Area Plan the maximum • development is approximately 1,000,000 square feet, staff anticipates that 680,000 square feet will only be used for commercial use development, not including the floor area used for the second floor residential units. Mr. Gustin cited that there will be a reduction in the amount of commercial development within the study area, but overall there would be an increase in development because of an anticipated number of second floor dwellings. Mr. Kriz commented that he has a concern regarding the traffic flow. He opined.that traffic is the main issue. Mr. Kriz stated that he would approve that the parking structure be developed on City owned land instead of condemnation land, and he opposed a four or five story parking structure. Mr. Kriz was informed by staff and the Planning Commission that a three story parking structure is being proposed, that the third floor level would be the on the roof of the second level, that the parking structure would be within the height limitation, and that the three story parking structure would not be as tall as a three story building. Mr. Chris Kuhta, 120 - 27th Street, appeared before the Planning Commission. Mr. Kuhta commented that he supports the Specific Area Plan; however, he cited the funding as an important issue. He asked the Planning Commission if any one of the Planning Commissioners owns property within the Cannery Village /McFadden Square area? Commissioner Koppelman explained that none of the Planning Commissioners own property within the subject area, and if one of the Commissioners did, that the Commissioner would have to step down because of a conflict of interest. Mr. Kuhta commented that the proposed costs of Projects 8, 9, 10, 12, and 13, affecting him on his property within McFadden Square would be $50,000.00 to $60,000.00. He recommended that the visitor serving area be assessed by the people living outside of the immediate vicinity and the City, not the landowners. Chairman Person stated that the proposed projects recommended by staff would be implemented in phases. MINUTES INDEX Mr. John Franco, 202 Via Palermo, appeared before the Planning Commission. Mr. Franco opined that he • supports the proposed downzoning of the Specific Area Plan, making requirements like a hotel less feasible. MINUTES INDEX February 20, 1986 x x c o i C 9 v m W a = p = � m City of Newport Beach C z 0 p; O O He recommended that the pedestrian walk between 29th and 32nd Streets be deleted, that the proposed cost of $1,000,000.00 is not necessary for an area that is not often utilized; he commented upon the cost of $6,000,000.00 to $7,000,000.00 to take out the Newport Boulevard Islands, and that there are not many advantages for the money; he commented upon the parking and traffic problems. He cited that the property owners will have the option to approve an Assessment District. Commissioner Goff asked staff to prepare the following issues prior to the Planning Commission meeting of March 6, 1986: 1. The definition of "visitor" as "visitor" relates to "visitor" serving. 2. An up -to -date report of the mixmaster under Project 8 - the realignment of Newport Boulevard and Balboa Boulevard. 3. Information in the Analysis and Summary relating to prioritization, scheduling, and funding in the final form of the Specific Area Plan. Motion I I x Motion was made to continue Amendment No. 629 to the All Ayes Planning Commission meeting of March 6, 1986. Motion voted on, MOTION CARRIED. -29- MINUTES INDEX Ms. Nancy Kriz, 128 Via Ithaca, appeared before the Planning Commission stating that her number one concern is historic preservation for Cannery Village /McFadden Square, and she recommended the involvement of historical societies throughout the State of California. She opined that the marine aspect is the most .important aspect of Newport Beach. Ms. Kriz commented upon the Specific Area Plan as follows: no alternatives looked upon; no objective to the Plan; there is an implementation procedure; no cost estimates; no cost/benefit analysis; no evaluation procedure for the Plan. Chairman Person advised Ms. Kriz that he is a member of the Newport Beach Historical Society, and Ms. Kriz replied that Bill Grundy of the local Historical Society has not been informed of the subject Specific Area Plan. Commissioner Goff asked staff to prepare the following issues prior to the Planning Commission meeting of March 6, 1986: 1. The definition of "visitor" as "visitor" relates to "visitor" serving. 2. An up -to -date report of the mixmaster under Project 8 - the realignment of Newport Boulevard and Balboa Boulevard. 3. Information in the Analysis and Summary relating to prioritization, scheduling, and funding in the final form of the Specific Area Plan. Motion I I x Motion was made to continue Amendment No. 629 to the All Ayes Planning Commission meeting of March 6, 1986. Motion voted on, MOTION CARRIED. -29- MINUTES INDEX COMMISSIONERS MINUTES February 20, 1986 Jc F c O O 2 c v _ C a m 2 C m a m Z C 2 W O r O O 1= 9 = T M m I City of Newport Beach Use'Permit No. 1798 (Amended) (Public Hearing) lItem No.7 Request to amend a previously approved use permit which UP1798A allowed the expansion of an existing restaurant in the C -1 -H District. The proposed amendment involves a Approved request to expand the "net public area" of the restau- rant so as to add a greenhouse dining area and an outdoor dining area, and to establish a full service bar with on -sale alcoholic beverages. The proposal also includes a request to waive a portion of the additional required off - street parking spaces. LOCATION: Parcel No. 2 of Parcel Map No. 85 -268 (Resubdivision No. 810), located at.4509 West Coast Highway, on the southeasterly corner of West Coast Highway and West Balboa Boulevard, in West Newport. ZONE: C -1 -H -30- APPLICANT: Meluso and Overland, Newport Beach OWNER: Triangle Associates, Costa Mesa William Laycock, Current Planning Administrator, stated that the applicant has submitted a revised floor plan to show 920 square feet "net public area" inside the subject restaurant, and that based upon 1 parking space for each 40 square feet, 23 parking spaces would be required. In response to questions posed by Commissio- ner Winburn, Mr. Laycock replied that the "net public area" of the facility including the greenhouse, but deleting the open patio area, would be 1,130 square feet, requiring an additional 6 parking spaces based upon 1 parking space per 40 square feet of "net public area." In addition, the parking ratio could be lowered to one parking space per 50 square feet for the "net public area" of 1,130 square feet with the 23 parking spaces available for the restaurant use in the common parking lot. Mr. Laycock advised Commissioner Turner that the findings and conditions of Exhibit "A" need not be amended based upon the approval of 920 square feet of "net public area" within the facility, and one parking space per 40 square feet. James Hewicker, Planning Director, stated that the revised floor plan was altered in the aisleway between the waitress • station and dining area. -30- COMMISSIONERS MINUTES X a February 20, 1986 c o 0 x 4 D y m C Z C m y ," 2 Z 9= Z= Z City of Newport Beach c Z 0 p S O o a RO L CALI INDEX Mr. Hewicker complimented the developers of the Tri- angle Shopping Center and the improvements that have been made on the subject site. Mr. Hewicker commented that he would not like to see a waiver of parking for some of the restaurant uses; and he commented upon the Jack -In -The -Box take -out restaurant that has been approved on the subject property that was permitted 10 of its parking spaces in the stacking lane to the drive -up window. He cited that the only times when the parking requirement has been lowered from 1 parking space per 40 square feet to 1 parking space per 50 square feet of "net public area" has been when a restaurant has had a low table turnover, and wide aisles. Commissioner Winburn and Mr. Hewicker discussed the possibility of restricting the use of the greenhouse area during the day and opening the greenhouse at night when there is not a heavy demand for parking. • The public hearing was opened in connection with this item, and Mr. Jerry King, King & Associates, appeared before the Planning Commission on behalf of the appli- cant. Mr. King described the revised plans by stating that the aisle will be used as a service area only and that the aisle carpet will be eliminated; that the 1 foot wide area running the 50 foot length of the building was not included in the original plan; a greenhouse is proposed to expand into an area that abuts the sidewalk on west Coast Highway; and the outside seating area has been deleted. Mr. King described the upgraded shopping center, and he cited that the parking area will be monitored to insure that the parking area will be utilized by business patrons only.. Mr. King stated that the applicant is asking for an approval of 1,130 square feet of "net public area ", based on 1 parking space for each 40 square feet, requiring a waiver of 6 parking spaces, or an adjustment to lower the parking ratio to 1 parking space per 50 square feet of "net public area ". Mr. King opined that the applicant would agree to not making the greenhouse area available during the lunch hour, but the applicant is requesting that said green- house area be used as a waiting area and to serve as a noise buffer to West Coast Highway. He further advised that the restaurant owner will be working on the • premises. Mr. King cited that there will be ample parking available after many of the businesses in the shopping center close at 5:00 p.m. -31- COMMISSIONERS February 20, 1986 )C R C O o IM r a m Z c m a m = C z N o S O O M Z T m j City of Newport Beach 'D= In response to questions posed by Commissioner Goff, Mr. King replied that the purpose of the greenhouse area would be to buffer the West Coast Highway noise, as a pass through service bar, and a standup bar, and he said that there would be no formal seating in the area. Mr. King commented that "happy hour" is usually between 5:00 p.m. and 7:00 p.m. and that 6:00 p.m. would be a preferable hour to open the greenhouse area. Commissioner Winburn cited that because the medical building services a doctor specializing in sports medicine that there may be more activity until 6:00 p.m.; and she commented that there is also a dry cleaning establishment that closes at 6:00 p.m.. Mr. King opined that the sports doctor's office hours are until 5:00 p.m. The public hearing was closed in connection with this item. M�n x Commissioner Winburn made a motion to approve Use Permit No. 1798 (Amended) subject to the findings and conditions in Exhibit "A ", including a condition to restrict the greenhouse area until 6:00 p.m. Commissio- ner Goff suggested that Condition No. 2 be modified to state "that the 920 square feet of "net floor area" may be increased to 1,130 square feet of "net public area" after 6:00 p.m. ". Commissioner Turner suggested Condition No. 2 be modified to state "that 920 square feet of "net floor area" shall be permitted between 10:00 a.m. and 6:00 p.m. and that the "net floor area" may be expanded to 1,130 square feet thereafter ". Commissioner Winburn accepted the amended Condition No. 2 suggested by Commissioner Turner. Mr. Hewicker asked if the greenhouse would be completely enclosed so that the restaurant noise would not escape to the residential area. Commissioner Winburn replied that she understood that the greenhouse would be completely enclosed. Commissioner Turner commented upon the successful . remodeling of the shopping center. Commissioner Eichenhofer stated that she had visited the subject area and that the West Coast Highway noise would exceed any noise that would be coming from the restaurant. Commissioner Goff cited that he had voted against the original approval of the shopping center; however, he stated that he has been very impressed with the remode- ling, and speaking on behalf of the entire community -32- MINUTES surrounding the shopping center, Commissioner Goff stated that the shopping center is a welcome addition to the community. Mr. King commented that if the Fire Department would require a door, that a door could be installed in the rear of the restaurant facility that could be used for emergencies only. Motion was voted on to approve Use Permit No. 1798 (Amended) subject to the findings and conditions of approval including amended Condition No. 2 "that the floor .plan shall be revised to provide a "net public area" which does not exceed 920 square feet of floor area from 10:00 a.m. to 6:00 p.m. and 1,130 square feet of "net floor area" thereafter" and an added condition stating that there will not be a seating area within All Ayes the greenhouse area. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- ment impact. 3. The Police Department has indicated that it does not contemplate any problems. 4. That the waiver of the development standards as they pertain to walls, landscaping, utilities and parking lot illumination will not be detrimental to adjoining properties. 5. The approval of Use Permit No. 1798 (Amended), under the circumstances of this case, will not 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 confor- mance with the approved plot plan and floor plan except as noted below. -33- MINUTES February 20, 1986 x x � x v = v y m �Z z A W Z o; o r of 9= m City Y of Newport p Beach surrounding the shopping center, Commissioner Goff stated that the shopping center is a welcome addition to the community. Mr. King commented that if the Fire Department would require a door, that a door could be installed in the rear of the restaurant facility that could be used for emergencies only. Motion was voted on to approve Use Permit No. 1798 (Amended) subject to the findings and conditions of approval including amended Condition No. 2 "that the floor .plan shall be revised to provide a "net public area" which does not exceed 920 square feet of floor area from 10:00 a.m. to 6:00 p.m. and 1,130 square feet of "net floor area" thereafter" and an added condition stating that there will not be a seating area within All Ayes the greenhouse area. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- ment impact. 3. The Police Department has indicated that it does not contemplate any problems. 4. That the waiver of the development standards as they pertain to walls, landscaping, utilities and parking lot illumination will not be detrimental to adjoining properties. 5. The approval of Use Permit No. 1798 (Amended), under the circumstances of this case, will not 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 confor- mance with the approved plot plan and floor plan except as noted below. -33- MINUTES "N\b 1UNEK5 February 20, 1986 MINUTES X C o a x _ v y m > ITT C 2 N a r o o ITT = A z City of Newport Beach m 2. That the floor plan shall be revised to provide a "net public area" which does not exceed 920 sq.ft. of floor area from 10:00 a.m. to 6:00 p.m. and 1,130 square feet of "net floor area" thereafter. (Note: This condition restricts the use of the greenhouse area to the public until 6:00 p.m. daily.) 3. That a minimum of one parking space for each 40 sq.ft. of "net public area" (i.e. 23 spaces) shall be maintained in the common parking lot until 6:00 p.m. 4. That the restaurant shall be open only between the hours of 10:00 a.m, and 2:00 a.m. 5. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 6. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 7. That all mechanical equipment and trash areas shall be screened from view from West Coast Highway and adjoining properties. 8. That a trash compactor shall be installed in the restaurant facility. 9. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 10. That kitchen exhaust fans shall be designed to control smoke and odor. 11. That no off -sale of alcoholic beverages shall be permitted in conjunction with the subject restau- rant. 12. That no live entertainment or dancing shall be permitted in the restaurant unless the Planning Commission approves an amendment to this Use Permit. -34- COMMISSIONERS February 20, 1986 MINUTES 13. That the development standards pertaining to walls, landscaping, utilities, and parking lot illumination shall be waived. 14. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 15. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 16. That no seating shall be permitted within the greenhouse area of the restaurant facility. • Use Permit No. 3189 (Public Hearing) Request to establish a dance studio in conjunction with a retail sales facility specializing in dance and sport clothing on property located in the C -1 District. LOCATION: - Lot 6, Block 6, Balboa Tract, located at 511 East Balboa Boulevard, on the southerly side of East Balboa Boulevard, between Palm Street and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Sack D. Cooper, Balboa Island OWNER: Richard E. Seleine, Silverado The' public hearing was opened in connection with this item, and Mr. Sack Cooper, 130 1/2 Agate Avenue, owner, appeared before the Planning Commission. Mr. Cooper advised that he concurs with the findings and condi- tions in Exhibit A ", except for Condition No. 3 whereby he asked that the hours of operation be extended to 9:00 p.m. daily. The public hearing was closed at this time. -35- Item No.8 UP3189 Approved X C O n a v m 2 C T y Mr Z m Z C Z A Z O i COMMISSIONERS MINUTES February 20, 1986 c o � 'o _ a > y m z c m s m Z C Z N O r O O Ah M a= 9 r m City of Newport Beach a A ROLL CALL INDEX Commissioner Koppelman asked staff if there would be any objection to the subject operation closing at 9:00 p.m. daily. Staff had no objections to the requested Motion x closing hour. Motion was made to approve Use Permit No. 3189, subject to the findings and conditions in Exhibit A ", including amended Condition No. 3 stating "that the hours of operation shall be limited to the hours between 8:00 a.m. and 9:00 p.m, daily ". Motion All Ayes voted on, MOTION CARRIED. FINDINGS: 1. That the proposed retail shop and dance studio are consistent with the Land Use Elements of the General Plan and the Local Coastal Program and are compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. That the proposed retail shop and dance studio will require less parking than the previous retail use which occupied the entire ground floor of the building. 5. The approval of Use Permit No. 3189 will not, under the circumstances of this case, be detri- mental 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 or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved floor plan, except as noted below. 2. That a maximum of six dance students shall be permitted within the facility at any one time. • I I I ( I ( ( ! 3 That the hours of operation shall be limited to I the hours between 8:00 a.m. and 9:00 p.m. daily. -36- COMMISSIONERS February 20, 1986 MINUTES Beach INDEX 4. The noise from the music associated with the proposed dance instruction shall be confined to the interior portions of the building. 5. The applicant shall obtain the services of a professional engineer practicing in acoustics who shall provide evidence of existing ambient outside noise levels and proposed interior noise levels and shall certify to the Planning Department that the existing outside ambient noise levels will not be increased as a result of the prerecorded music used in conjunction with proposed dance instruc- tion. x x 6. That the Planning Commission may add or modify C ° n E x v conditions of approval to this use permit, or m y v r a recommend to the City Council the revocation of Z C III D I+I Z m z A N Z r °; ° 0 2 °j zs`Z o mD City of 2 y 2 • February 20, 1986 MINUTES Beach INDEX 4. The noise from the music associated with the proposed dance instruction shall be confined to the interior portions of the building. 5. The applicant shall obtain the services of a professional engineer practicing in acoustics who shall provide evidence of existing ambient outside noise levels and proposed interior noise levels and shall certify to the Planning Department that the existing outside ambient noise levels will not be increased as a result of the prerecorded music used in conjunction with proposed dance instruc- tion. Use Permit No. 3190 (Public Hearing) lItem No.9 Request to permit the establishment of a take -out UP3190 frozen yogurt shop within the Westcliff Plaza Shopping Center located in the C -O -H District. Approved LOCATION: Tract No..4824, located at 1130 Irvine Avenue, on the northeasterly corner of Irvine Avenue and Westcliff Drive, in the Westcliff Plaza Shopping Center. ZONE: C -O -H APPLICANT: G. E. Villerot, Corona del Mar • ( ( I J I OWNER: The Irvine Company, Newport Beach -37- 6. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, • safety, peace, morals, comfort, or general welfare of the community. 7. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No. 3190 (Public Hearing) lItem No.9 Request to permit the establishment of a take -out UP3190 frozen yogurt shop within the Westcliff Plaza Shopping Center located in the C -O -H District. Approved LOCATION: Tract No..4824, located at 1130 Irvine Avenue, on the northeasterly corner of Irvine Avenue and Westcliff Drive, in the Westcliff Plaza Shopping Center. ZONE: C -O -H APPLICANT: G. E. Villerot, Corona del Mar • ( ( I J I OWNER: The Irvine Company, Newport Beach -37- MMISSIONERS February 20, 1986 of Newport Beach The public hearing was opened in connection with this item, and Mr. David Wald, 333 Bayside Drive, attorney, appeared on behalf of the applicant. Mr. Wald stated that the applicant concurs with the findings and conditions in Exhibit "A" with the exception of Condi- tion No. 2 requiring the installation of trash compac- tor. Mr. Wald stated that there will be no cooked items on the site and that there will be a minimum amount of trash. He cited that trash dumpsters are supplied by The Irvine Company for the businesses within Westcliff Plaza. The public hearing was closed at this time. Commissioner Turner opined that The Irvine Company will monitor the subject site in the event there would be a Motion x trash problem. Motion was made to approve Use Permit All Ayes No. 3190, subject to the findings and conditions in Exhibit "A" including the deletion of Condition No. 2 requiring a trash compactor. Motion voted on, 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 environ- mental impact. 3. That the waiver of the development standards as they pertain to walls, landscaping, utilities, parking lot illumination, and traffic circulation will not be detrimental to adjoining properties. 4. That adequate parking exists to serve the proposed take -out restaurant. 5. That the Police Department has indicated that they do not contemplate any problems with the proposed take -out restaurant. 6. The approval of Use Permit No. 3190 will not, under the circumstances of this case, be detrimen- tal 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. -38- MINUTES xx C o � x y 9 v m 2 C m y m z W 9 S z r 2 C 2 N O i Of CONDITIONS February 20, 1986 Beach !. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. Deleted. 3. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 4. That the development standards pertaining to walls, landscaping, utilities, parking lot illumi- nation, and traffic circulation shall be waived. 5. That the restaurant's hours of operation shall be restricted to the hours between 10:00 a.m. and 11:00 p.m. daily. 6. That a washout area for the restaurant trash containers be provided in such a way as to insure • direct drainage into the sewer system and not into the storm drains, unless otherwise approved by the Building Department. 0 7. That all mechanical equipment and trash areas shall be screened from Irvine Avenue and adjoining properties. 8. That no on -sale or off -sale of alcoholic beverages shall be permitted, unless an amended use permit is approved. 9. That no food preparation other than frozen yogurt, soft drinks, and related products, or other approved items shall be permitted in the take -out facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, grease interceptors, or other measures. I I I I I I I 10. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. -39- MINUTES INDEX 0 a c o � x - C a r v z c m y m Z z W a a Z r x m 0 r M o m> r Z D Z y Z T T Of CONDITIONS February 20, 1986 Beach !. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. Deleted. 3. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 4. That the development standards pertaining to walls, landscaping, utilities, parking lot illumi- nation, and traffic circulation shall be waived. 5. That the restaurant's hours of operation shall be restricted to the hours between 10:00 a.m. and 11:00 p.m. daily. 6. That a washout area for the restaurant trash containers be provided in such a way as to insure • direct drainage into the sewer system and not into the storm drains, unless otherwise approved by the Building Department. 0 7. That all mechanical equipment and trash areas shall be screened from Irvine Avenue and adjoining properties. 8. That no on -sale or off -sale of alcoholic beverages shall be permitted, unless an amended use permit is approved. 9. That no food preparation other than frozen yogurt, soft drinks, and related products, or other approved items shall be permitted in the take -out facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, grease interceptors, or other measures. I I I I I I I 10. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. -39- MINUTES INDEX CUN\N\bNUNLK5 MINUTES February 20, 1986 x c o � C x m C Z V. p; 0 0 m City of Newport Beach _ 9 R CA L INDEX 11. That the Planning Commission may add to or modify conditions of approval of this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 12. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. _ The Planning Commission recessed at 11:00 p.m. and reconvened at 11:03 p.m. * x Use Permit No. 3191 (Public Hearing) Request to permit the establishment of a take -out restaurant with on -sale beer and wine and incidental seating in conjunction with a delicatessen/bakery facility, on property located in the C -1 District. The proposal also includes a request to waive a portion of the required off - street parking spaces. LOCATION: Lots 1 and 2, Block "AA ", Tract No. 323, located at 3601 East Coast Highway, on the southeasterly corner of East Coast Highway and Orchid Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Mr. Peter Baltus, Glendora OWNER: Said Shokrian, Corona del Mar William Laycock, Current Planning Administrator, commented that staff has received a petition with 18 signatures in favor of the proposed restaurant/bakery, a petition with 19 signatures opposed to the appli- cant's request to waive the off - street parking require- ment, a letter of opposition, and 8 letters in support of the application. -40- Item No.10 UP3191 COMMISSIONERS February 20, 1986 x 0 C o � f v = v z C c m y m i C z w o r 0 0 Z D z. a T m 1 City of Newport Beach James Hewicker, Planning Director, commented that the property owner has contacted staff regarding staff's recommendation that no on -site seating be allowed; however, Mr. Hewicker advised the property owner that as a result of the public hearing that maybe a compro- mise could be arrived at in terms of allowing some seating on the site if the public hearing would be continued. Commissioner Goff cited that he could not locate Parking Space No. 17. Mr. Laycock replied that by comparing the plan with a previous plan for the subject property, it indicates that a high curb has been eliminated, thereby there is enough space to provide an additional parking space adjacent to the alley. The public hearing was opened in connection with this item, and Mr. Peter Baltus, applicant, appeared before the Planning Commission. Mr. Baltus stated that he has owned and operated restaurants specializing in French • gourmet food in Holland, Glendora, and West Covina. Mr. Baltus commented that residents living within Corona del Mar could walk to the proposed restaurant and have a sit down meal. Mr. Baltus opined that tables and chairs would be necessary for economic reasons. In response to questions posed by Commissioner Koppel - man, Mr. Baltus replied that his restaurants in Glen- dora and West Covina have tables and chairs; that 50 percent of his business is sit down eating; that the proposed restaurant is the same size; and that the restaurants serve between 300 to 400 customers per weekday and 500 customers on weekends. In reply to Mr. Hewicker, Mr. Baltus stated that the West Covina restaurant is in a shopping mall; and the Glendora restaurant is in a "strip commercial" area requiring 12 parking spaces. MINUTES Commissioner Goff questioned the 14 foot x 28 foot accuracy of the seating area of the subject restau- rant's plan submitted by the applicant. Mr. Baltus commented that 25 percent of the total square footage of the restaurant would be utilized as a seating area, and that tables the size of small coffee tables would be used. Commissioner Goff and Commissioner Turner recommended that because of inadequate dimensions of . the seating area that the use permit could be continued so that the applicant may have additional time to prepare more accurate plans. -41- MINUTES COMMISSIONERS February 20, 1986 MINUTES C x Co i v p a m z c m s m = W 9= m> M m City of Newport Beach c a w o; o o S 2 � ROIL CALL INDEX Mr. Herbert Voss, 945 Coast View Drive, - Laguna Beach, appeared before the Planning Commission. Mr. Voss stated that he is the property owner of 3641, 3645, and 3651 East Coast Highway, each site containing retail shops. Mr. Voss cited the following reasons for opposing the subject application: that there are insufficient on -site and off -site parking spaces; that there is heavy traffic circulation at the intersection of East Coast Highway and Orchid Avenue because of the United States Post Office; that within six- tenths of a mile, between Heliotrope Avenue and Hazel Drive there are currently 22 food and beverage businesses, one- third of which have a take -out food service; and that there would be an increase of litter in the area. In response to a question posed by Commissioner Koppelman, Mr. Voss replied that his property is on the same side of East Coast Highway as the subject location. Mrs. Alta Stowers, adjacent neighbor on Orchid Avenue, appeared before the Planning Commission. Mrs. Stowers • stated that the proposed parking spaces would be adjacent to her bedroom window and that she was con- cerned with the noise coming from the proposed parking area and restaurant. Mrs: Eloise Smith, 311 Orchid Avenue, appeared before the Planning Commission stating her opposition to the proposed restaurant because of the existing deficiency of parking on Orchid Avenue, and that the take -out restaurant would create additional litter. Mr. Roger Summers, 320 Orchid Avenue, appeared before the Planning Commission stating his opposition to the subject use permit. Mr. Summers stated that the Post Office employees and dance studio students are parking on Orchid Avenue during the day and evening. Mr. Summers stated that the residents on Orchid Avenue are opposed to the sit down and take out restaurant. Mrs. Letha Bailey, 304 Orchid Avenue, appeared before the Planning Commission in opposition to the subject application. Mrs. Bailey stated that many of the residents residing on Orchid Avenue do not have enough parking spaces within their garages to park all of their automobiles and have to park on the street. She . cited that the alley is too narrow for two automobiles to pass, and that she is concerned with the noise and litter. -42- COMMISSIONERS February 20, 1986 C x C o � appeared before the Planning Commission. Mr. Shokrian z c a z c m> m z asked that a portion of the off - street parking be c Z 0 p; o o I z a z m a m m 1 City of Newport Beach waived. He cited that the proposed restaurant consists Mrs. Audrey Greenfield, 1020 White Sails Way, appeared before the Planning Commission in favor of the applica- tion. Mrs. Greenfield commented that Corona del Mar residents would be able to walk to the restaurant; that it would be a restaurant for young people so that they would not have to leave the area; that she has never had a parking problem in the area surrounding the proposed restaurant; that many of the aforementioned 22 restaurants do not cater to her needs; and that the restaurant enhances the village atmosphere of Corona del Mar. Commissioner Turner cited that the Planning Commission could approve the application in accordance with Exhibit "A" that does. not permit seating which would give the applicant the option to come back to the -43- MINUTES INDEX Mr. Said Shokrian, owner of the subject property, appeared before the Planning Commission. Mr. Shokrian asked that a portion of the off - street parking be waived. He cited that the proposed restaurant consists of 1,900 square feet of which 500 square feet will be allocated for seating. He stated that there are a total of 17 parking spaces on the premises; that the total square footage of the building is just over 4,000 square feet; that 9 parking spaces would be designated for the proposed restaurant; that the other businesses located on the site open for business two to three hours after the restaurant would open and the busi- nesses would close two to three hours before the restaurant would close; and that the flower stand on the premises is open three. or four days a week, from 12:00 p.m. to 6:00 p.m. He continued his remarks by stating that the other businesses are closed all day Sunday, and several of the businesses are closed on Saturday afternoon. He compared the subject use permit parking requirements with comparable applications that the Planning Commission has approved in Corona del Mar. Mr. Shokrian reasoned that there would be pedestrian traffic; that a business could operate on the subject site without the requirement of a use permit that could create heavy automobile traffic; there is no restaurant in the area on the ocean side of East Coast Highway; that the restaurant would be conducive to the village atmosphere of Corona del Mar; and that the number of tables proposed could be reduced during the hours that other businesses are open on the site. He said that there would be no baking on the premises. Mr. Baltus explained the purpose of the bakery oven was to heat up the pre -baked items. Mrs. Audrey Greenfield, 1020 White Sails Way, appeared before the Planning Commission in favor of the applica- tion. Mrs. Greenfield commented that Corona del Mar residents would be able to walk to the restaurant; that it would be a restaurant for young people so that they would not have to leave the area; that she has never had a parking problem in the area surrounding the proposed restaurant; that many of the aforementioned 22 restaurants do not cater to her needs; and that the restaurant enhances the village atmosphere of Corona del Mar. Commissioner Turner cited that the Planning Commission could approve the application in accordance with Exhibit "A" that does. not permit seating which would give the applicant the option to come back to the -43- MINUTES INDEX February 20, 1986 Beach Planning Commission to request seating at a later date, or the public hearing could be continued to allow the applicant time to prepare more accurate plans. The public hearing was closed -at this time. Motion x Commissioner Koppelman made a motion to approve Use Permit No. 3191, subject to the findings and conditions in Exhibit "A ". she stated that she is aware of the traffic problems on Orchid Avenue and the traffic problems throughout Corona del Mar, and that she could not approve a full time restaurant under those circum- stances, in addition to the traffic generated by the restaurant. She opined that the parking will support the take -out restaurant but never a sit down restau- rant. Commissioner Koppelman commented that the applicant has stated that there will be no baking on the premises; therefore the hours will be as set forth in Exhibit "A" between 7:00 a.m. and 9:00 p.m. • Commissioner Turner stated that he would support the motion for the same reasons as stated by Commissioner Koppelman. Motion voted on to approve Use Permit No. 3191, MOTION Ayes x x x x x x CARRIED. Noes x FINDINGS: 1. That the approved development is consistent with General Plan and the adopted Local Coastal Pro- gram, Land Use Plan, and is compatible with surrounding land uses. 2. The approved project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking, utilities, walls, lighting, and landscaping on interior property lines will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. • I I I I 4. That there is adequate on -site parking for the restaurant patrons and employees provided there is no seating permitted within the facility. -44- MINUTES C x C O � x - ti a v m z c m y m z m m C a M H Z r m; m O 2 O� /-� r M m O m s T r y OI Z 70 Z D Z T m t✓Il Y February 20, 1986 Beach Planning Commission to request seating at a later date, or the public hearing could be continued to allow the applicant time to prepare more accurate plans. The public hearing was closed -at this time. Motion x Commissioner Koppelman made a motion to approve Use Permit No. 3191, subject to the findings and conditions in Exhibit "A ". she stated that she is aware of the traffic problems on Orchid Avenue and the traffic problems throughout Corona del Mar, and that she could not approve a full time restaurant under those circum- stances, in addition to the traffic generated by the restaurant. She opined that the parking will support the take -out restaurant but never a sit down restau- rant. Commissioner Koppelman commented that the applicant has stated that there will be no baking on the premises; therefore the hours will be as set forth in Exhibit "A" between 7:00 a.m. and 9:00 p.m. • Commissioner Turner stated that he would support the motion for the same reasons as stated by Commissioner Koppelman. Motion voted on to approve Use Permit No. 3191, MOTION Ayes x x x x x x CARRIED. Noes x FINDINGS: 1. That the approved development is consistent with General Plan and the adopted Local Coastal Pro- gram, Land Use Plan, and is compatible with surrounding land uses. 2. The approved project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking, utilities, walls, lighting, and landscaping on interior property lines will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. • I I I I 4. That there is adequate on -site parking for the restaurant patrons and employees provided there is no seating permitted within the facility. -44- MINUTES 5. That the establishment, maintenance of operation of the use of the property or building 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 improve- ments in the neighborhood or the general welfare of the City, and further that the proposed modi- fication to allow two of the proposed off - street parking spaces to encroach 5 feet into the required 10 foot rear yard setback is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan, except as noted below. • 2. That the development standards related to a portion of the required off- street parking spaces, utilities, walls, lighting and landscaping on interior property lines are waived. 3. That no seating shall be permitted within the take -out restaurant. 4. That the hours of operation shall be limited between the hours of 7:00 a.m. to 9:00 p.m. daily. 5. That no on -sale beer and wine shall be permitted within the take -out restaurant. 6. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Depart- 1111111M -45- MINUTES February 20, 1956 F a C O = `ay A9 z c o m s m m z c z W p; O , O M a = n = m l City of Newport Beach 5. That the establishment, maintenance of operation of the use of the property or building 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 improve- ments in the neighborhood or the general welfare of the City, and further that the proposed modi- fication to allow two of the proposed off - street parking spaces to encroach 5 feet into the required 10 foot rear yard setback is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan, except as noted below. • 2. That the development standards related to a portion of the required off- street parking spaces, utilities, walls, lighting and landscaping on interior property lines are waived. 3. That no seating shall be permitted within the take -out restaurant. 4. That the hours of operation shall be limited between the hours of 7:00 a.m. to 9:00 p.m. daily. 5. That no on -sale beer and wine shall be permitted within the take -out restaurant. 6. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Depart- 1111111M -45- MINUTES COMMISSIONERS February 20, 1986 A J c o x z c m a m z c z w o r 0 0 1 z a z= r m l City of Newport Beach S. That all mechanical equipment and trash areas shall be screened from East Coast Highway, Orchid Avenue, and adjoining properties. 9. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains. 10. That all restaurant employees shall park their vehicles on -site. 11. That trash receptacles for parrons shall be located in convenient locations inside and outside the building. 12. That a trash compactor shall be installed. 13. That the Planning Commission may add or modify conditions of approval to this use permit, or • recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 14. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. A D D I T I O N A L B U S I N E S S: Current Planning Administrator Laycock informed the Planning Commission that an adjoining tenant has indicated to staff that there is still an odor from the Mucho Munchies Restaurant in Corona del Mar. The Planning Commission indicated that they may consider recommending the revocation of Use Permit No. 3153 if the odor problem is not resolved soon. ADJOURNMENT: 11:50 P.M. • l l l l l l PA CITY OF NEWPORT B R SECRETARY EACH PLANNGOMMISSION -46- MINUTES INDEX Additional Business UP3153 Adjournment '