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HomeMy WebLinkAbout03/21/198511 Present COMMISSIONERS x c i y 9 a z c m m a a z C 2 N p M m o m Z a z x REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7 :30 P.M. DATE: MARCH 21, 1985 A m I City of t Beach xIxIxIx1 All Commissioners Present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert H. Burnham, City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Dee Edwards, Secretary Minutes of March 21, 1985 * * x •ion x Motion was made for approval of the Minutes of the Ayes K x x x x x x Planning Commission meeting of March 7, 1985, which MOTION CARRIED. Request for Continuance Staff recommended that Agenda Item No. 1, Use Permit No. 1417 (Amended) be continued to April 18, 1985; Item No. 6, Use Permit No. 3103 (Amended) be continued to April 18, 1985; Item No. 8, Traffic Study and Use Permit No. 3138, be continued to April 4, 1985; Item No. 9, Use Permit No. 3139 be continued to April 4, 1985; and Item No. 10, Amendment No. 617 be continued to April 18, 1985. Mr. Hewicker commented that Item No. 2, Modification No. 3017 has been withdrawn by the applicant. City Attorney Robert Burnham, reported that Commissioner Eichenhofer and he met with a committee of approximately 40 restaurant owners at which time the restaurant owners requested a continuance of Amendment No. 617 to the Planning Commission meeting of April 18, 1985. He said that the restaurant owners have formed a sub- committee that will review the subject ordinance, and the restaurant owners have further indicated that the sub - committee will possibly draft a new ordinance MINUTES Minutes of 3-7-85 Request for Continu- ance L.J Motion Ayes • Motion .0 COMMISSIONERS March 21, 1985 Beach that they will be presenting to Commissioner Eichenhofer and himself prior to the Planning Commission meeting of April 18, 1985. Mr. Burnham commented that he has received a letter from Attorney Jim Abrams representing the Hotel and Restaurant Association requesting a continuance in order that he may review the Ordinance. xlxlxlxl MOTIONlwaslvo5 d on,IMOTIONOCARRIEDN9 to April 4, 1985o. 9850 Use Permit No. 1417(Amended) (Continued Public Request to amend a previously approved use permit that permitted on -sale alcoholic beverages and dancing entertainment in conjunction with an existing restau- rant in the C -1 District. The proposed amendment is to change the Park Bar and Grill Restaurant's hours of operation so as to permit the service of lunch and dinner between the hours of 11:00 a.m. and 2:00 a.m., Monday through Saturday and 10:30 a.m. and 2 :00 a.m. on Sundays. The proposed development also includes a full service bar, an addition of an open patio for dining and drinking purposes, and the use of live entertain- ment within the restaurant facility. The proposal also includes the request of an informal off -site parking agreement which will provide additional restaurant parking spaces. LOCATION.: Lots 1, 2, and a portion of Lot 3, Block C, Tract No. 470 and an abandoned portion of Carnation Avenue, located at 2515 East Coast Highway, in Corona del Mar. ZONE: C -1 APPLICANT: Loomis Foods, Inc., Corona del Mar OWNER: Poole Properties, Inc., Corona del Mar Motion was made to continue this item to April 18, X X x x x Ix 1 1985. MOTION CARRIED. ,t • z -2- MINUTES INDEX Item No.l UP1417A Continued to 4 -18 -85 A A c O O x m z c m z m a mM c2 A w z r 0 0 o a m o m> w a City of Z a z a a T m March 21, 1985 Beach that they will be presenting to Commissioner Eichenhofer and himself prior to the Planning Commission meeting of April 18, 1985. Mr. Burnham commented that he has received a letter from Attorney Jim Abrams representing the Hotel and Restaurant Association requesting a continuance in order that he may review the Ordinance. xlxlxlxl MOTIONlwaslvo5 d on,IMOTIONOCARRIEDN9 to April 4, 1985o. 9850 Use Permit No. 1417(Amended) (Continued Public Request to amend a previously approved use permit that permitted on -sale alcoholic beverages and dancing entertainment in conjunction with an existing restau- rant in the C -1 District. The proposed amendment is to change the Park Bar and Grill Restaurant's hours of operation so as to permit the service of lunch and dinner between the hours of 11:00 a.m. and 2:00 a.m., Monday through Saturday and 10:30 a.m. and 2 :00 a.m. on Sundays. The proposed development also includes a full service bar, an addition of an open patio for dining and drinking purposes, and the use of live entertain- ment within the restaurant facility. The proposal also includes the request of an informal off -site parking agreement which will provide additional restaurant parking spaces. LOCATION.: Lots 1, 2, and a portion of Lot 3, Block C, Tract No. 470 and an abandoned portion of Carnation Avenue, located at 2515 East Coast Highway, in Corona del Mar. ZONE: C -1 APPLICANT: Loomis Foods, Inc., Corona del Mar OWNER: Poole Properties, Inc., Corona del Mar Motion was made to continue this item to April 18, X X x x x Ix 1 1985. MOTION CARRIED. ,t • z -2- MINUTES INDEX Item No.l UP1417A Continued to 4 -18 -85 COMMISSIONERS March 21, 1985 MINUTES c o x - 9 m � m C Z c m Z z c x N O C O o M 9 z m= m City of Newport Beach e ROLL CALL INDEX Modification No. 3017 (Review) (Continued Public Item N6.2 Hearing) Mod. No. Request to permit a- portion of the required parking 3017 spaces for a proposed commercial development to be tandem spaces where the Zoning Code requires each Withdrawn parking space to be independently accessible. LOCATION: Lots 7, 8 and 9, Tract No. 1133, and a portion of a vacated alley located at 150 Riverside Avenue, on the - southeasterly corner of Riverside Avenue and Avon Street, in the Mariner's Mile Specific Plan Area. - ZONE: SP -5 APPLICANT: Senator D. G. Anderson, Honolulu, Hawaii OWNER: Same as applicant • ENGINEER: Lancor Architects, Del Mar Planning Director Hewicker commented that this item has been withdrawn by the applicant. x x » Resubdivision No. 802 (Public Hearing) I Item No.3 Request to resubdivide three existing lots into two R602 parcels for single family residential development on property located in the custom lot /detached residential Condition - portion (Area No. 5) of the Aeronutronic Ford Planned ally Community. Approved LOCATION: Lots 38, 39 and 40 of Tract No. 11450, located at 2,4 and.6 Cheshire Court, on the northeasterly corner of Belcourt Drive North and Cheshire Court, in the Belcourt residential development of the Aeronutronic Ford Planned Community. ZONE: P -C APPLICANT: J. M. Peters Company, Inc., Newport • Beach OWNER: Same as applicant ENGINEER: Van Dell and Associates, Inc., Irvine -3- March 21, 1985 MINUTES The public hearing opened in connection with this item. The applicant or representative was not in the audience to speak on behalf of the resubdivision, and because no one else desired to be heard in connection with this item, the public hearing was closed at this time. Motion x Motion was made to approve Resubdivision No. 802, Ayes x 1 x x x x x subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. • 3. That the design of the subdivision or 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 subdivision. CONDITIONS: 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. * x x Resubdivision No. 803 (Public Hearing) I Item No.4 Request to resubdivide three existing lots into two R803 parcels for single family residential development on property located in the custom lot /detached residential Condition - portion (Area No. 5) of the Aeronutronic Ford Planned ally Community. Approved LOCATION: Lots 33, 34 and 35 of Tract No. 11450, located at 1, 3 and 5 Cheshire Court, on the southeasterly corner of Belcourt Drive North and Cheshire Court, in the Belcourt residential development of the Aeronutronic Ford Planned Community. -4- X C o f L y z c L m 9 z T m z . C z N O z 0 0 a a City of Newport Beach The public hearing opened in connection with this item. The applicant or representative was not in the audience to speak on behalf of the resubdivision, and because no one else desired to be heard in connection with this item, the public hearing was closed at this time. Motion x Motion was made to approve Resubdivision No. 802, Ayes x 1 x x x x x subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. • 3. That the design of the subdivision or 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 subdivision. CONDITIONS: 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. * x x Resubdivision No. 803 (Public Hearing) I Item No.4 Request to resubdivide three existing lots into two R803 parcels for single family residential development on property located in the custom lot /detached residential Condition - portion (Area No. 5) of the Aeronutronic Ford Planned ally Community. Approved LOCATION: Lots 33, 34 and 35 of Tract No. 11450, located at 1, 3 and 5 Cheshire Court, on the southeasterly corner of Belcourt Drive North and Cheshire Court, in the Belcourt residential development of the Aeronutronic Ford Planned Community. -4- Motion Ayes r1 U i COMMISSIONERS 7, R C O O x y n 9 m z c c m m a low a a r m x ZONE: APPLICANT: OWNER: ENGINEER: March 21, 1985 t Beach IME J. M. Peters Company, Inc., Newport Beach . Same as applicant Van Dell and Associates, Inc., Irvine The public hearing opened in connection with this item. The applicant or representative was not in the audience to speak on behalf of the resubdivision, and because no one else requested to be heard in connection with this item, the public hearing was closed. xlxlxl Motion was made to approve Resubdivision No. 803, subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or 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 subdivision. CONDITIONS: 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. -5- MINUTES C N ° ; ° MM � M O m s °City of z s a y a m m ZONE: APPLICANT: OWNER: ENGINEER: March 21, 1985 t Beach IME J. M. Peters Company, Inc., Newport Beach . Same as applicant Van Dell and Associates, Inc., Irvine The public hearing opened in connection with this item. The applicant or representative was not in the audience to speak on behalf of the resubdivision, and because no one else requested to be heard in connection with this item, the public hearing was closed. xlxlxl Motion was made to approve Resubdivision No. 803, subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or 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 subdivision. CONDITIONS: 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. -5- MINUTES March 21, 1985 Use Permit No. 1727 (Amended) (Public Hearing) Request to amend a previously approved Use Permit which allowed the establishment of live entertainment and dancing in conjunction with the existing Domino McFly Restaurant. The proposed amendment includes a request to expand the existing "net public area" of the restaurant and approve a modification of the zoning Code so as to allow the use of tandem and compact size parking spaces with a full -time valet parking service within the on -site parking area. The. proposal also includes consideration of an off -site parking agreement as an alternative parking arrangement for a portion of the required restaurant parking. LOCATION: Parcel 2 of Parcel Map 45 -23 (Resubdivision No. 347) located at 4248 Martingale Way, westerly of MacArthur Boulevard, between Martingale Way and Dolphin- Striker Way in Newport Place. APPLICANT: Domino Ltd., Newport Beach OWNER: Same as applicant Planning Director James Hewicker stated that Domino McFly Restaurant is one of three restaurants that is located in an area that has been a problem in terms of occupancy load and parking. Mr. Hewicker distributed a chart explaining the parking area for Domino McFly, the subject restaurant, Blackbeard's and El Torito. Mr. Hewicker cited that the subject Domino McFly Restaurant has 65 existing parking spaces on -site; Blackbeard's has 83 existing parking spaces on -site; and E1 Torito's has 90 existing parking spaces on -site. He advised that the three restaurants have reciprocal easements that allow customers to park on one, site and may be going to another area restaurant. Mr. Hewicker stated that the original restaurants were approved in 1972, and at that time one parking space was required for each three restaurant seats. Based on that formula, he stated that the subject restaurant, formerly Harry's Bar and Grill, required 56 parking spaces; Blackbeard's required 62 parking spaces; and E1 Torito's required 85 parking spaces, totalling 203 MINUTES INDEX EMENNEEMMMO Item No.5 UP1727 Denied A A C O = z c m > z • m n a m s z r u z � r l 2 9 o = m i w y= M M m CItV 7 VI March 21, 1985 Use Permit No. 1727 (Amended) (Public Hearing) Request to amend a previously approved Use Permit which allowed the establishment of live entertainment and dancing in conjunction with the existing Domino McFly Restaurant. The proposed amendment includes a request to expand the existing "net public area" of the restaurant and approve a modification of the zoning Code so as to allow the use of tandem and compact size parking spaces with a full -time valet parking service within the on -site parking area. The. proposal also includes consideration of an off -site parking agreement as an alternative parking arrangement for a portion of the required restaurant parking. LOCATION: Parcel 2 of Parcel Map 45 -23 (Resubdivision No. 347) located at 4248 Martingale Way, westerly of MacArthur Boulevard, between Martingale Way and Dolphin- Striker Way in Newport Place. APPLICANT: Domino Ltd., Newport Beach OWNER: Same as applicant Planning Director James Hewicker stated that Domino McFly Restaurant is one of three restaurants that is located in an area that has been a problem in terms of occupancy load and parking. Mr. Hewicker distributed a chart explaining the parking area for Domino McFly, the subject restaurant, Blackbeard's and El Torito. Mr. Hewicker cited that the subject Domino McFly Restaurant has 65 existing parking spaces on -site; Blackbeard's has 83 existing parking spaces on -site; and E1 Torito's has 90 existing parking spaces on -site. He advised that the three restaurants have reciprocal easements that allow customers to park on one, site and may be going to another area restaurant. Mr. Hewicker stated that the original restaurants were approved in 1972, and at that time one parking space was required for each three restaurant seats. Based on that formula, he stated that the subject restaurant, formerly Harry's Bar and Grill, required 56 parking spaces; Blackbeard's required 62 parking spaces; and E1 Torito's required 85 parking spaces, totalling 203 MINUTES INDEX EMENNEEMMMO Item No.5 UP1727 Denied COMMISSIONERS x x c O � f a • _ Z c m > z C i m o; O O f am O I a x a a a r m March 21, 1985 t Beach parking spaces, whereas 238 parking spaces were provided, a surplus of 35 parking spaces. Mr. Hewicker said that the City did an extensive parking study because of restaurant parking problems throughout the City after the previously stated restaurants opened. As a result of that study, he said that the City developed parking standards that required the parking spaces be based on one parking space for each 40 square feet of "net public area ". Mr. Hewicker stated that based on this requirement, the Planning Commission, through operational characteristics and approval of use permits, has the ability to require one parking space per 30 square feet of "net public area" down to one parking space per 50 square feet of "net public area ". Mr. Hewicker cited that the expanded Domino McFly's has a requirement of 68 parking spaces based on one parking space for each 40 square feet of the "net public area" of 2,705 square feet, whereas they presently have 65 existing parking spaces, and are proposing to compensate the difference of three parking spaces by installing compact stalls. Blackbeard's was recently permitted to change its operational characteristics by creating a lounge area off the dining area and Blackbeard's indicated that a part of the dining area would be closed while the lounge area is open. Blackbeard's now has a requirement of 80 parking spaces based on a "net public area" of 4,273 square feet, whereas they provide 83 parking spaces on -site. Mr. Hewicker advised that at the time the E1 Torito Restaurant was opened, and as far as the City can determine, the restaurant was not allowed to occupy the patio area. It is evident that the restaurant patio area is currently being utilized which would be an additional 639 square feet, totalling 4,158 square feet of "net public area ", or a requirement of 16 additional parking spaces, totalling 104 parking spaces. Mr. Hewicker further advised that without the patio area, there is 3,519 square feet of "net public area" requiring 88 parking spaces. I I I ( I Mr. Hewicker summarized the required parking spaces of Domino McFly's, Blackbeard's, and E1 Torito's by • .stating that by the current parking standards, based on today's figures, 279 parking spaces would be required whereas 238 parking spaces presently exist. Mr. Hewicker stated that he does not know if Blackbeard's -7- MINUTES INDEX City of i m o; O O f am O I a x a a a r m March 21, 1985 t Beach parking spaces, whereas 238 parking spaces were provided, a surplus of 35 parking spaces. Mr. Hewicker said that the City did an extensive parking study because of restaurant parking problems throughout the City after the previously stated restaurants opened. As a result of that study, he said that the City developed parking standards that required the parking spaces be based on one parking space for each 40 square feet of "net public area ". Mr. Hewicker stated that based on this requirement, the Planning Commission, through operational characteristics and approval of use permits, has the ability to require one parking space per 30 square feet of "net public area" down to one parking space per 50 square feet of "net public area ". Mr. Hewicker cited that the expanded Domino McFly's has a requirement of 68 parking spaces based on one parking space for each 40 square feet of the "net public area" of 2,705 square feet, whereas they presently have 65 existing parking spaces, and are proposing to compensate the difference of three parking spaces by installing compact stalls. Blackbeard's was recently permitted to change its operational characteristics by creating a lounge area off the dining area and Blackbeard's indicated that a part of the dining area would be closed while the lounge area is open. Blackbeard's now has a requirement of 80 parking spaces based on a "net public area" of 4,273 square feet, whereas they provide 83 parking spaces on -site. Mr. Hewicker advised that at the time the E1 Torito Restaurant was opened, and as far as the City can determine, the restaurant was not allowed to occupy the patio area. It is evident that the restaurant patio area is currently being utilized which would be an additional 639 square feet, totalling 4,158 square feet of "net public area ", or a requirement of 16 additional parking spaces, totalling 104 parking spaces. Mr. Hewicker further advised that without the patio area, there is 3,519 square feet of "net public area" requiring 88 parking spaces. I I I ( I Mr. Hewicker summarized the required parking spaces of Domino McFly's, Blackbeard's, and E1 Torito's by • .stating that by the current parking standards, based on today's figures, 279 parking spaces would be required whereas 238 parking spaces presently exist. Mr. Hewicker stated that he does not know if Blackbeard's -7- MINUTES INDEX today's figures, 279 parking spaces would be required whereas 238 parking spaces presently exist. Mr. Hewicker stated that he does not know if Blackbeard's -7- MINUTES INDEX March 21, 1985 Beach is contributing to the parking problem, but because of the operational characteristics of Domino McFly's, that the one parking space per 40 square feet of "net public area" may not be enough. Mr. William Laycock, Current Planning Administrator, suggested that in the event that the Planning Commission approved this item, that Finding No. 5 in the findings in Exhibit "A" be amended to read: "The proposed number of compact car spaces constitutes 26.4 percent of the on -site parking requirement, but 7 percent of the total parking spaces within the common parking area, which is within limits generally accepted by the Planning Commission relative to previous similar applications." Mr. Hewicker cited that he and Mr. Laycock had been at the restaurant site at 4:45 p.m, that afternoon and that the parking lot was just less than half full, and in his opinion that figure was above normal for that time of day. Chairman Winburn queried about the present 8 -1/2 foot wide parking spaces. Mr. Hewicker replied that the Public Works Department and Traffic Engineering are presently adhering to the 9 foot wide stalls with 24 foot wide aisles, but at the time the restaurants were developed it was possible the 8 -1/2 foot wide stalls with 26 foot aisles were permitted. Mr. Hewicker advised that compact spaces are 7 -1/2 feet wide. The public hearing opened in connection with this item, and Mr. Jay Pauley, President of McFly, Inc., 807 Cannery Row, Monterey, California, appeared before the Planning Commission. Mr. Pauley stated that the 310 square foot greenhouse area was originally constructed only to be a greenhouse, and that the restaurant had a planned occupancy of 167 seats. Mr. Pauley explained that after the plans had been reviewed and approved by the City, an occupancy load of 223 persons had., been approved and the applicant assumed that the greenhouse could be utilized as an eating area; however, the applicant was not aware that this increased occupancy number would also increase the need for additional parking spaces and after the applicant had been informed of the requirement by the Building Inspector, the applicant converted the greenhouse seating area back to a greenhouse and applied the subject use permit. Mr. Pauley explained that the greenhouse seating area will be utilized by the overflow crowd and MINUTES COMMISSIONERS • c o = a y m z c m> m z m a a z r o x a m o m i r '� z a z a z„ m City of March 21, 1985 Beach is contributing to the parking problem, but because of the operational characteristics of Domino McFly's, that the one parking space per 40 square feet of "net public area" may not be enough. Mr. William Laycock, Current Planning Administrator, suggested that in the event that the Planning Commission approved this item, that Finding No. 5 in the findings in Exhibit "A" be amended to read: "The proposed number of compact car spaces constitutes 26.4 percent of the on -site parking requirement, but 7 percent of the total parking spaces within the common parking area, which is within limits generally accepted by the Planning Commission relative to previous similar applications." Mr. Hewicker cited that he and Mr. Laycock had been at the restaurant site at 4:45 p.m, that afternoon and that the parking lot was just less than half full, and in his opinion that figure was above normal for that time of day. Chairman Winburn queried about the present 8 -1/2 foot wide parking spaces. Mr. Hewicker replied that the Public Works Department and Traffic Engineering are presently adhering to the 9 foot wide stalls with 24 foot wide aisles, but at the time the restaurants were developed it was possible the 8 -1/2 foot wide stalls with 26 foot aisles were permitted. Mr. Hewicker advised that compact spaces are 7 -1/2 feet wide. The public hearing opened in connection with this item, and Mr. Jay Pauley, President of McFly, Inc., 807 Cannery Row, Monterey, California, appeared before the Planning Commission. Mr. Pauley stated that the 310 square foot greenhouse area was originally constructed only to be a greenhouse, and that the restaurant had a planned occupancy of 167 seats. Mr. Pauley explained that after the plans had been reviewed and approved by the City, an occupancy load of 223 persons had., been approved and the applicant assumed that the greenhouse could be utilized as an eating area; however, the applicant was not aware that this increased occupancy number would also increase the need for additional parking spaces and after the applicant had been informed of the requirement by the Building Inspector, the applicant converted the greenhouse seating area back to a greenhouse and applied the subject use permit. Mr. Pauley explained that the greenhouse seating area will be utilized by the overflow crowd and MINUTES as a brunch serving area on Saturdays and Sundays. Mr. Pauley commented that many of the afternoon parking spaces were being used by employees. Mr. Pauley concurred with the findings and conditions of approval in Exhibit "A ". In response to a question posed by Commissioner Person, Mr. Pauley replied that dancing started at 9:00 p.m. Chairman Winburn informed Mr. Pauley that the previous evening she observed dancing at 7:30 p.m. Mr. Blake Crane, General Manager of Domino McFly's, appeared before the Planning Commission, stating that the dancing started at 9:00 p.m. as posted at the entrance door. Mr. Crane informed Chairman Winburn that he was not in the restaurant at 7 :30 p.m. the previous evening but that he would look into why the disc jockey and dancing started earlier than advertised. Mr. Pauley responded to Commissioner Person's inquiry regarding required parking requirements by stating that the applicant had based the City's parking standards on the architect's recommendations and that the applicant had based the parking spaces on occupancy load. In response to Commissioner Turner, Mr. Pauley stated that the greenhouse area had never been used for an eating area. Commissioner Koppelman informed Mr. Pauley that she had been at Domino McFly's during the noon hour and lunch was being served in the greenhouse area. Mr. Pauley informed Commissioner Person that he does not recall if had read the findings and conditions of approval prior to the January 10, 1985, Planning Commission meeting. Commissioner Person advised Mr. Pauley that one of the conditions advised the applicant that the applicant would not be able to change the approved plans. Commissioner Person cited that the applicant apparently had changed the approved plans as specified in the conditions. Mr. Pauley replied that to his knowledge the greenhouse area's only other purpose is used as a storage space and to create openness. . The public hearing was closed at this time. Motion Chairman Winburn made a motion to deny Use Permit No. 1727 (Amended) subject to the findings for denial, COMMISSIONERS March 21, 1985 MINUTES a x y 9 v m i s m p z • m a a S r P 2 = a = s w m City of Newport Beach ROLL CALL INDEX as a brunch serving area on Saturdays and Sundays. Mr. Pauley commented that many of the afternoon parking spaces were being used by employees. Mr. Pauley concurred with the findings and conditions of approval in Exhibit "A ". In response to a question posed by Commissioner Person, Mr. Pauley replied that dancing started at 9:00 p.m. Chairman Winburn informed Mr. Pauley that the previous evening she observed dancing at 7:30 p.m. Mr. Blake Crane, General Manager of Domino McFly's, appeared before the Planning Commission, stating that the dancing started at 9:00 p.m. as posted at the entrance door. Mr. Crane informed Chairman Winburn that he was not in the restaurant at 7 :30 p.m. the previous evening but that he would look into why the disc jockey and dancing started earlier than advertised. Mr. Pauley responded to Commissioner Person's inquiry regarding required parking requirements by stating that the applicant had based the City's parking standards on the architect's recommendations and that the applicant had based the parking spaces on occupancy load. In response to Commissioner Turner, Mr. Pauley stated that the greenhouse area had never been used for an eating area. Commissioner Koppelman informed Mr. Pauley that she had been at Domino McFly's during the noon hour and lunch was being served in the greenhouse area. Mr. Pauley informed Commissioner Person that he does not recall if had read the findings and conditions of approval prior to the January 10, 1985, Planning Commission meeting. Commissioner Person advised Mr. Pauley that one of the conditions advised the applicant that the applicant would not be able to change the approved plans. Commissioner Person cited that the applicant apparently had changed the approved plans as specified in the conditions. Mr. Pauley replied that to his knowledge the greenhouse area's only other purpose is used as a storage space and to create openness. . The public hearing was closed at this time. Motion Chairman Winburn made a motion to deny Use Permit No. 1727 (Amended) subject to the findings for denial, March 21, 1955 MINUTES t ! z c m m s z = a = x x C o z m z r a a i a 0 x � m a City of Newport Beach ROLL CALL INDEX Ayes 11 0 based on Finding No.1 which states "that. the proposed expansion of the subject restaurant represents a significant intensification of use from the existing restaurant operation ". Chairman Winburn further described the illegal parking around Domino McFly's and the other restaurants in the area. Commissioner Turner concurred with Chairman Winburn's findings regarding the illegal parking surrounding the restaurant area. xlxlxlxl Motion voted on to deny Use Permit No. 1727 (Amended) subject to the findings for denial. MOTION CARRIED. FINDINGS FOR DENIAL 1. That the proposed expansion of the subject restau- rant represents a significant intensification of use from the existing restaurant operation. 2. That the expanded restaurant will require a greater amount of parking and generate more traffic than the existing restaurant operation. 3: That the proposals for additional parking for the subject restaurant are unacceptable for the following reasons: a. That the shared unrestricted use of the existing common parking area by all three restaurants precludes the use of valet parking inasmuch such a proposal would establish the exclusive use of of a portion of the parking for one restau- rant. b. That the off -site parking area is located too far from the restaurant site in order to be useful for employee parking. C. That the proposed compact spaces on -site will be detrimental to the existing parking lot design that utilizes all full size parking spaces. 4. That the shared parking facilities are inadequate for the total combined use of the property which includes two other restaurants. 5. That the establishment, maintenance or operation of the proposed restaurant will, under the circum- -10- NAMISSIONERS x x C O � a � x _ C v y m z c m ," s 0 x m o r r City City M m> QI z a z a s m m March 21, 1985 Beach stances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and the general welfare of the City. * x r Use Permit No. 3103 (Amended) (Public Hearing) Request to amend a previously approved Use Permit which allowed the establishment of live entertainment and a 2:00 a.m. closing time in conjunction with the Studio Cafe 2 Restaurant in Corona del Mar. The proposed amendment includes a request to expand the "net public area" of the restaurant so as to include an outdoor eating area. The proposal also includes a request to pay an annual in -lieu fee to the City so as to allow a portion of the required off- street parking spaces to be located in the municipal parking lot. LOCATION: Parcel No. 1 of Parcel Map 107 -40, (Resubdivision No. 552), located at 3201 East Coast Highway on the southwesterly side of East Coast Highway at the easterly terminus of Bayside Drive, in Corona del Mar. ZONE: C -1 APPLICANT: Studio Cafe, Corona del Mar Motion ( xl I OWNER: Eugene Boero, Corona del Mar Ayes x x x a x Motion was made to continue this item to April 18, 1985. MOTION CARRIED. x x x Use Permit No. 3137 (Public Hearing) Request to permit the establishment of an auto detail- ing facility which includes washing, waxing and clean- ing of interiors of automobiles on property located in the M -1 -A District. LOCATION: Lot 48, Tract No. 3201, located at 3975 Birch Street, on the northwesterly side of Birch Street, between Quail Street and Dove Street, across from the Newport Place Planned Community. -11- MINUTES Item No.6 UP3103 Continued to 4 -18 -85 Item No.7 UP3137. Condition- ally Approved COMMISSIONERSI March 21, 1955 MINUTES ZONE: APPLICANT: OWNER: Beach M -1 -A Daniel T. Barnes, Newport Beach Aldo Chiappero, Costa Mesa The public hearing opened in connection with this item, and Mr. Daniel Thomas Barnes, 3975 Birch Street, appeared before the Planning Commission. Mr. Barnes concurred with the findings and conditions of approval in Exhibit "A ". The public hearing closed at this time. Motion Ix Commissioner Turner made a motion to approve Use Permit Ayes x x x x x No. 3137 subject to the findings and .conditions of approval in Exhibit "A ". MOTION.CARRIED. FINDINGS: I I I I I 'I I I 1. The proposed use is consistent with the General Plan, and is compatible with surrounding land uses. Furthermore, the proposed project is similar to other automobile service facilities that have been previously approved by the Planning Commis- sion in the vicinity of the John Wayne Airport. 2. The Police Department has indicated that they do not contemplate any problems. 3. The proposed project will not have any significant environmental impact. 4. That adequate offstreet parking will be provided for the automobile detail facility. 5. The approval of Use Permit No. 3137 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 and floor plan. 2. That all detailing activities shall be performed inside the building. -12- xA c o � x - v m z c C m o m z m 9 I m D o x r 0 i x * City oI tt z a z M a z T m ZONE: APPLICANT: OWNER: Beach M -1 -A Daniel T. Barnes, Newport Beach Aldo Chiappero, Costa Mesa The public hearing opened in connection with this item, and Mr. Daniel Thomas Barnes, 3975 Birch Street, appeared before the Planning Commission. Mr. Barnes concurred with the findings and conditions of approval in Exhibit "A ". The public hearing closed at this time. Motion Ix Commissioner Turner made a motion to approve Use Permit Ayes x x x x x No. 3137 subject to the findings and .conditions of approval in Exhibit "A ". MOTION.CARRIED. FINDINGS: I I I I I 'I I I 1. The proposed use is consistent with the General Plan, and is compatible with surrounding land uses. Furthermore, the proposed project is similar to other automobile service facilities that have been previously approved by the Planning Commis- sion in the vicinity of the John Wayne Airport. 2. The Police Department has indicated that they do not contemplate any problems. 3. The proposed project will not have any significant environmental impact. 4. That adequate offstreet parking will be provided for the automobile detail facility. 5. The approval of Use Permit No. 3137 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 and floor plan. 2. That all detailing activities shall be performed inside the building. -12- COMMISSIONERS March 21, 1985 MINUTES of Newport Beach 3. That all mechanical equipment and trash areas shall be screened from adjacent properties as well as Birch Street. 4. That the applicant shall demonstrate to the satisfaction of the Building and Planning Depart- ments that the wash water drains into the sewer �X FLP c O system and not into the bay or the storm drains. z C T p z m A A = P G 2 m alterations to the existing structure as required M O m i +0 0 Z A z A a M m March 21, 1985 MINUTES of Newport Beach 3. That all mechanical equipment and trash areas shall be screened from adjacent properties as well as Birch Street. 4. That the applicant shall demonstrate to the satisfaction of the Building and Planning Depart- ments that the wash water drains into the sewer A. Traffic Study (Public Hearing) Request to consider a traffic study so as to permit the construction of bank /professional office building in the M -1 -A District. I1 B. Use Permit No. 3138 (Public Hearing) Request to permit the construction of a multi -level parking structure with roof top parking in conjunction with the construction of a bank /professional office building located in the M -1 -A District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required uses (Baxter's and Coco's Restaurants) and the proposed office building, and the acceptance of an environmental document. -13- INDEX Item No.8 Traffic Study and UP3138 Continued to 4 -4 -85 system and not into the bay or the storm drains. 5. That the applicant shall make all necessary alterations to the existing structure as required by the Building Department. 6. That all improvements be constructed as required by ordinance and the Public Works Department. 7. That the Planning Commission may add and /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. S. 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. Traffic Study (Public Hearing) Request to consider a traffic study so as to permit the construction of bank /professional office building in the M -1 -A District. I1 B. Use Permit No. 3138 (Public Hearing) Request to permit the construction of a multi -level parking structure with roof top parking in conjunction with the construction of a bank /professional office building located in the M -1 -A District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required uses (Baxter's and Coco's Restaurants) and the proposed office building, and the acceptance of an environmental document. -13- INDEX Item No.8 Traffic Study and UP3138 Continued to 4 -4 -85 COMMISSIONERS xx c o � x _ C v a m Z c m Z ,� z 10 M M z 9 a T March 21, 1985 MINUTES City of Newport Beach LL CALL INDEX LOCATION: Lot 13,,Tract No. 5169, located at 4533 MacArthur Boulevard, on the northwesterly corner of Birch Street and MacArthur Boulevard, across from the Sheraton Newport Hotel. ZONE: M -1 -A APPLICANT: MacArthur Associates, Ltd., Newport Beach OWNER: Same as applicant Motion x Motion was made to continue this item to April 4, 1985. Ayes x x x x x x X MOTION CARRIED. x ,t Use Permit No. 3139 (Public Hearing) Request to permit the construction of a take -out restaurant and related outdoor eating area on property 00 located in the C -1 -H District. The proposal also includes a request to establish drive -up service window; a request to waive a portion of the required parking for the take -out restaurant; a modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required parking within the overall parking area for the Triangle Shopping Center, and a sign exception so as to allow more than one free standing pole sign and a combined area for wall signs in excess of 200 sq. ft. LOCATION: A portion of Lot D, Banning Tract and Record of Survey 27 -47, located at 4509 West Coast Highway, on the southeasterly corner of West Balboa Boulevard and West Coast Highway, in West Newport. ZONE: C -1 -H APPLICANT: Triangle Associates, Costa Mesa OWNER: Same as applicant n x Motion was made to continue this item to April 4, 1985. x x x x x X MOTION CARRIED. -14- Item No.9 ' UP3139 Continued I to 4 -4 -85 COMMISSIONERS March 21, 1985 MINUTES .,x Item #10 Amendment No. 617 (Public Hearing) Item No.11 A617 C O Request to consider amendments to c 9 r 9 i c m T z Chapter 20.72 of the Newport Beach C= N O; 0 M = A = , 0 m City of Newport Beach Municipal Code to include regulations Continued i LL CALL pertaining to the establishment and to operation of restaurants; to restrict INDEX Commissioner Goff and City Engineer Webb discussed the extension of Avon Street. Mr. Webb stated that consultants have been contacted to prepare a feasibility study regarding the widening of West Coast Highway, extending Avon Street to Santa Ana Avenue, and the geometrics of the Santa Ana Avenue and Old Newport Boulevard intersection. -15- Item #10 Amendment No. 617 (Public Hearing) Item No.11 A617 Request to consider amendments to Chapter 20.72 of the Newport Beach — Municipal Code to include regulations Continued pertaining to the establishment and to operation of restaurants; to restrict 4 -18 -85 the hours of operation of restaurants located adjacent to residential districts; to modify existing regulations pertaining to outdoor, drive -in and take -out restaurants; and to amend various sections of the Municipal Code regarding the permitted locations of restaurants and outdoor, drive -in, and take -out restaurants, and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach n x x x x x x x x Motion was made to continue this item to April 18, 1985. MOTION CARRIED. t x REPORTS FROM AD HOC COMMITTEES: Ad Hoc Committee! Commissioner Goff discussed the revisions of the Mariner's Mile Specific Area Plan proposed by Newport Mariner's Heights representatives of the Mariner's Mile Specific Mile Area Plan Review City Council Ad Hoc Committee with the Specific Commission. Commissioner Goff stated that the Newport Area Heights Association has recommended revising the Plan Mariner's Mile Specific Area Plan as follows: allowing Review .6 times the buildable area as a floor area limit with marine uses; limit the maximum building height to 26 feet which would delete the view corridors between buildings; and leave the easement along the northerly side of West Coast Highway at 12 feet but delete language referring to the widening of West Coast Highway. Commissioner Goff and City Engineer Webb discussed the extension of Avon Street. Mr. Webb stated that consultants have been contacted to prepare a feasibility study regarding the widening of West Coast Highway, extending Avon Street to Santa Ana Avenue, and the geometrics of the Santa Ana Avenue and Old Newport Boulevard intersection. -15- t I COMMISSIONERS March 21, 1985 �x c o � E C 9 9 m 2 c m � � Z C z N o 9 O O m City of Newport Beach s Commissioner Goff reported that the Newport Heights Association asked that in reference to a Site Plan Review, that a public hearing be noticed within 1,000 feet of the site. The Committee requested that under "Action by the Planning Commission" that a sentence be changed to read: "if all applicable standards established by the section are met, the Planning Commission shall, at their discretion, approve the development "; however, Commissioner Goff stated there was a legal question regarding this change. He commented that the business interests serving on the Committee will respond at a later date regarding their version of the plan. Commissioner Person reviewed. the Balboa Peninsula parking problems discussed by the In -Lieu Parking Committee. He cited that a consultant has been retained to speak to the Committee regarding the possibility of of re- directing traffic in the Balboa Peninsula Parking Lot. Also of main interest to the Committee is the Cannery village parking structure which has been identified as a suitable site. Commissioner Person and Mr. Burnham commented that the Committee has been communicating with the Assistance League regarding the tentative lease proposal of the parking structure. Commissioner Person commented on the idea of a Specific Area Plan for the District, development rights, and funding. * * x ADDITIONAL BUSINESS: MINUTES City Attorney Burnham indicated that Commissioner' Eichenhofer and he would be meeting with representatives of the Restaurant Owners Association in conjunction with Amendment No. 617 prior to the Planning Commission meeting of April 18, 1985. Planning Director James Hewicker reported that he will be on vacation, and therefore, will not be attending the April 4, 1985, Planning Commission meeting. ADJOURNMENT: 8:34 P.M. JOHN KURLANDER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -16- INDEX In -Lieu Parking Restaurant) Owners Assoc. Hewicker Vacation Adjourn- ment