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Home My WebLink About04/10/1980)MMISSIONERS1 Regular Planning Commission Mleeting MINUTES Place: City Council Chambers; r Time: 7:30 P.M. o n Date: April 10, 1980 N 3 In � y City of Newport Beach ROLL CALL INDEX i Present x x x x x Absent EX- OFFICIO MEMBERS: James D. Hewicker, Planning Directbr Robert Burnham, Assistant City Attbrney * * * STAFF MEMBERS: William R. Laycock, Current Planning Administrato Donald Webb, Assistant City Engineer * * * Minutes Written By: Glenna Sutto * * * �eion Motion was made to approve the minutes of the re- s x x x x x gular Planning Commission meeting bf March 20, Absent * 1980, as revised. * * * Motion x Motion was made to continue Item Nios. 10 and 12, Ayes x x x x x Use Permit No. 1935 and the Establlishment of Gra Absent * discussion to the regular PlanninglCommission meeting of April 24, 1980, as per !the Staff's suggestion. 0 * * * Request to establish a restaurant Ifacility with on -sale beer and wine in Lido Marina Village . where commercial space now exists. LOCATION: Parcel No. I of Pa (Resubdivision No. 3448 Via Oporto on erly side of Via 0 of Central Avenue Village. -1- el Map 63 -11 47) located at he northeast - rto, easterly Lido Marina Item #1 USE PER - TT T APPROVED CONDI- TIONALLY COMMISSIONERS �x d O 07 c� x(D 7 0 X N April 10, 1980 111 Beach MINUTES ROLL CALL I III III I 1 1 I INDEX 0 NE: C -1 -H PPLICANT: Christopher Marshalidba: Cafe Lido Beverly Hills 1 WNER: R & B Enterprises, Inc., Los An- geles he Public Hearing continued regar nd Bob Inch, Director of Operatio ina Village, appeared before the ission and stated his concurrence itions as indicated in Exhibit "A eport. He then expressed his fee he alleged conflicts between a re boat broker's use, stating that ent to the Planning Commission re it No. 1905.which reserved the Li or exclusive broker use, shows th oastally- related facilities. He istory of their facility. In response to a question posed by Beek, James Hewicker, Planning Dir that staff has requested of Lido M that they perform a parking analys there is a need to update this inf added that staff has conditioned t for the restaurant in such a way t necessary studies are completed an Comm.ission is satisfied that the p being provided is adequate, they w daytime operation of the restauran In response to a question posed by McLaughlin, Mr. Hewicker replied t be employee parking provided. Motion x Motion was made that the Planning the findings as indicated in Exhib Staff Report and approve Use Permi ject to the conditions as indicate f the Staff Report. • -2- ing this item s for Lido Ma- lanning Com- with the con - of the Staff ing regarding taurant use and heir comm.it- arding Use Per- o Marina slips it concern with hen relayed the Commissioner ctor, replied rina Village s, as they feel rmation. He e use permit at when the .the Planning rking that is 11 be allowed Commissioner at there will ommission make t "A" of the No. 1927, sub - in Exhibit "A" C MISSIONERS1 MINUTES g April 10, 1980 j s m S c) a) p�p, ? w ° n J City of Newport Beach tp 7 N (D fp CD ROLL CALL INDEX Commissioner Beek stated his concern regarding coastally- related uses. i Ayes x x x x Motion was them voted on, which MOTION CARRIED. Absent Request to establish a restaurant %cility with Item #2 an -sale beer and wine in Lido Marir}a Village where commercial space now exists.!! USE PER - MIT NO. L;OCATION:, Lot 1, Tract No.. 1235, located at 1928 2431 Via Oporto, onthe southwest- erly side of Via Oporto, northerly APPROVED of Via Lido in LidoMarina Village. CONDI - TI NALLY ZONE: C -1 -H APPLICANT: Barro's Inc'., Anahe9m • O'WNER: Lido Marina Villager Newport. Beach The Public Hearing continued regar ing this item and Bob Inch, Applicant, appeared iefore the Plan- ning Commission and stated their cdncurrence with the conditions as indicated in Exhibit "A" of the Staff Report. Motion Motion was made that the Planning commission make. Ayes x x YX x the findings as indicated in Exhib t "A" of the Absent * Staff Report and approve Use Permi No. 1928, sub- ject to the conditions as indicate in Exhibit "A" of the Staff Report. * * * r� u equest to establish a restaurant facility with Item #3 n -sale beer and wine in an existing building in esign Plaza in the C -0 -H Districtl USE PER - MIT NO. OCATION: Parcel No. 5, Parce Map 36 -35 1931 (Resubdivision No. 89) located at 240 Newport Cent r Drive, in APPROVED Block 200 of Newport Center. CONDI- 50 COMMISSIONERS April 2u{, 1980 Fo o W w D . N 1 5� N City of Newport Beach MINUTES ROLL CALL I I I I 1 1 1 1 INDEX . Commissioner Balalis expressed his feeling that the issue was not so much the amou t of square footage they.would. loose, but the nvelope that would be created. i Commissioner Beek stated that the figures he has presented have been the ones whichiassume that the.upstairs cannot overhang the carport spaces. He explained that the Three- and -On Plan would Presume that one loses 96 sq. ft. rom the down- stairs. I Commissioner Balalis suggested tha the overhang can be any size as long as it is o en on two sides. In response to a question posed by;Commissioner Beek, Mrs. Vinje Smith stated thatithe general feeling of the Association was tha the overhang • was to be no farther than the setblck. William Laycock, Current Planning Administrator, stated that according to the Building Code, if the garage is open or is a carport the overhang cannot encroach into the side yard. Commissioner Balalis stated his preference that they adopt the minimum width of th$ parking space to be 17'6" rather than 18' and th length chang- e -d to 19' for two garage spaces. Commissioner Balalis then posed a uestion, to which Mr. Laycock replied that wit a 30' lot, the two car garage would have a mi imum width. of 18',.so that the third space wo ld be about 8'4 wide, at the most. Commissioner Beek expressed his feeling that in order to make it work, that it sho ld be allowed that one side yard setback be 26 ".1 -4- COMMISSIONERS �d 5 o w K x M 7 =i 0 M N MINUTES April 10, 1980 City of Newport Beach ROLL CALL I III Jill i I I INDEX In response to a question posed b Commissioner Beek, Mr. Gloger expressed his fe ling that there is more customer traffic than emp oyee traffic. He also expressed his feeling that as this is a fast -food restaurant, it will generate a great deal of pedestrian traffic. Jack Knor.pp appeared before the Planning Commis- sion and stated that the concept Of. clustering restaurants has been recognized io the industry as.an advantage, but that he felt there was a severe parking problem in this area. He added that the policing of this area is a severe pro - blem. He expressed his feeling that the survey should not be the determining factor, as there are so many variables, depending on the time of year the survey is taken. j In response to a question posed by Commissioner Haidinger, Mr. Gloger replied tha# his survey • was taken within the Design Plaza itself, that all the vacant spaces were counte and that there were 108 vacant parking spaces wi hin the Plaza. In response to a question posed b3 Commissioner Haidinger, James'Hewicker, Planni g.Director, re- plied that this is a sub -lease to the applicant, Mr. Lorenzetti. • Ron Shwartz, Attorney representing the Building Owner, replied that they have struggled through the parking problem for years, ex ressing his feeling that the daytime hours of� operation of th proposed restaurant would only senve to aggravate the daytime parking problem in th area. He con- cluded by expressing his feeling that a fast -food restaurant will generate a large amount of ad- ditional traffic. Mr. Hewicke.r commented that staff had recently visited the area at about 10:00 a m., and that there were over 150 parking space open. -5- COMMISSIONERS 0 o W w 7 VI JC N MINUTES April 10, 1980 Citv of Newport Beach ROLL CALL I I I I J i l l I I I INDEX 0 0 Mr. Hewicker suggested that the a ployees be re- quired to park in the back, leavi g the more de- sirable parking spaces available or customers. Commissioner. Allen posed a questi Mr. Shwartz expressed his feeling would be very helpful. Carl Kymla, resident of Newport B ployee in Newport Center, appeare Planning Commission.and expressed the issue is not the crowded cond the two restaurants, but whether park.ing capacity around the appli stated his feeling that the subje crowded. He stated his understan General Plan would allow this use He then read to the Planning Comm tion that requested that they app cation. He stated that the petit by about 80 people working in Des in the immediate area. to which at a stairway ach and an em- before the his feeling.tha tions around here is adequat ant's area. He t area is not ing that the in this area. scion a peti- ove this appli- on was signed gn Plaza and In closing, Mr. O'Neill again appeared before the Planning Commission and.requestedlthat Mr. Loren - zetti's application be approved. Mr. Knorpp again appeared before he Planning Com mission to urge them to deny this application, due to the parking problem in thel.area. In response.to a question posed by. l Commissioner Haidinger, Mr. Hewicker. replied that the appli- cant is the one who is easing the space, and the Irvine Company is the owner of tho land. David Dmohowski, representing the Irvine Company, appeared before the Planning Commission and state that the applicant has not submitted his plans to the Irvine Company for site plan Yeview, so that they did not know whether there was any possibi- lity of accommodating an additional restaurant. COMMISSIONERS MINUTES April 10, 1980 of Newport Beach ROLL CALL I I I I J i l l i I INDEX I 0 0 In response to a.question posed by Commissioner McLaughlin; Mr. Dmohowski commented that the Ed- wards Theatre group had discussedlthe possibility of putting an additional pedestrian or vehicle access between the two buildings.! Mr. Gloger again appeared before the Planning Commission and stated his feeling that the Irvine Company would be interested in promoting its own interests and expressed his feeling that the Plan ning Commission should look beyon� that. Commissioner Allen relayed her petsonal.experienc from frequently being in the area that there is a serious parking problem in thatarea. Commission Allen then stated her preference that the use permit be conditioned to install the stairway and at such time as thatproved im- possible, that the application be brought back to the Planning Commission. Mr. Hewicker suggested.that two conditions be added to the use permit: 1) That there shall be a pedestrian connection (stairwayl between Design Plaza and the block to the north at the location of Edwards Cinemas and 2) In the event that the applicant cannot work with the Irvine Company to provide said stairway, that he beI'Iallowed to come back to the Planning Commission at a later date for reconsideration of the use permit without the necessity of paying another filing fee. Robert Burnham, Assistant City At orney, stated his understanding that Commission !r Allen desired to grant the use permit with the ondition that the permit not take effect until uch time as the stairway is built. He stated tha 6 he did not be- lieve that it was possible to gra t the permit but forestall the occupancy.of the premises, so that the applicant has invested s�me sum of money with the possibility in the futur that the Plan- ning Commission would not approvethe application. -7- April 10, 1980 w a W � y M I Citv of Newport Beach MINUTES INDEX Commissioner Haidinger stated his that the Planning Commission does leverage in this specific issue. derstanding t have any Mr. Burnham expressed his feeling !that they can- not accomplish their goal of requijring the stair- way, legally. Commissioner Haidinger expressed his disagreement to tying the solving of the parking problem to this particular application, and suggested approv- ing this application and strongly urging the Irvine Company to install the stailrway. Commissioner Allen stated that she; could not sup- port a motion to approve this application because she could not support aggrevating ;the existing parking problem with this intense a use unless a stairway or some attempt to solve the parking problem could be.included. ( ion K Motion was made that the Planning ICommis.sion. make the findings as indicated in Exhibit "A" of the Staff Report and approve Use Permit No. 1931,.sub- ject to the conditions as indicated in Exhibit "A" of the Staff Report. Commissioner Haidinger stated that his Motion in- eludes a commitment to find a way !to strongly en -. courage or require that the Irvine; Company provide access to the upper parking lot at some time in the near future. Motion x Amendment to the Motion was made hat in view of the nature of the fast -food facilities, that the parking requirement be computed on the basis of 45 sq. ft., instead of 40 sq. ft.1per required parking space. Commissioner Haidinger accepted Commissioner Beek's Amendment to the Motion toibe included as Dart of his Motion. I Ayes x x x Motion was then voted on that the Planning Commis - Noes x Sion make the following findings: Absent • 1. The proposed development is donsistent with the General Plan, and is compatible with sur= W COMMISSIONERS 0 0 m 3� WM 7 N x W April 10, 1980 IT], t Beach MINUTES ROLL CALL I I I I I I I I I I INDEX is n U rounding land uses. 2. Adequate offstreet parking sj provided for the proposed de', 3 )aces are being felopment. The Police Department has in . icated that th do not contemplate any probl4s. 4. The project will not have an significant en vironmental impact. 5. The approval of Use Permit No. 1931 will not under the circumstances of this case be de- trimental to the health, safety, peace, mo- rals, comfort, and general welfare of per- sons residing and working inthe neighbor- hood or be detrimental or in4urious to pro- perty and improvements in th neighborhood or the general welfare of th City. and approve Use Permit No. 1931, ubject to the following revised conditions: 1. That development shall be in substantial, con formance with the approved ffioor plan, ex- cept as noted in condition of approval no. 2 2. That the proposed restroom facilities shall be increased in size to meet the require- ments of the Uniform Buildinj Code. 3. That a minimum of one parkin space for each 45 sq. ft. of "net public ar a' shall be pro vided in the Design Plaza co mon parking lot for the proposed restaurant facility. 4. That all mechanical equipment and the storag of cartons, containers and t ash shall be shielded from view within a uilding or with in an area enclosed by a wal or fence. COMMISSIONERS MINUTES April 10, 1980 std ocean w y City of Newport Beach ROLL CALL INDEX • 0 5. That any washout area for trash containers shall be provided in such a Way as to allow direct drainage into the sewer - system and not into the storm drains. which MOTION CARRIED. Request to construct a two unit risidential con- dominium project in the R -2 Distr ct. LOCATION: Lot 13.and a porticjn of Lot 15, Block 630, Corona ddel Mar, located at 613 Carnation Avenue, on the northwesterly side of Carnation Avenue between ThirG Avenue and Fourth Avenue in Corona del Mar. ZONE: R -2 APPLICANTS: Chris Arger and Pa l Balalis, New- port Beach OWNER: Theodore.F. Clarke Balboa AND Request to create one parcel of land where one lot and a. portion of a second lotnow exist so as to.permit a two unit residential condominium project on the site. I LOCATION: Lot 13 and a portion of Lot 15, Block 630, Corona el Mar, located at 613 Carnation Avenue, on the northwesterly side of Carnation Avenue between Thi d Avenue and Fourth Avenue in Corona del Mar. ZONE: R -2 APPLICANTS: Chris Arger and Pafl Balalis, New- port Beach OWNER: Theodore F. Clarke; Balboa ENGINEER: Donald E. Stevens,lCosta Mesa -10- COMMISSIONERS w a o D �� C April 10, 1980 Of Beach MINUTES ROLL CALL 1 1 1 1 Jill I I INDEX I Motion 0 Ayes Noes Absent 0 (These items were heard concurrently, due to thei relationship.) The Public Hearing was opened regjrding this item and Brion Jeannette, Architect, appeared before the Planning Commission and state his concur= rence with the conditions as indicated in Exhibit "A" of the Staff Report. x Motion was made that the Planning,Commission make the.findings as indicated in Exhibit "A" of the Staff'Reports and approve Use Perrhit No. 1932 and Resubdivision No. 653, subject tolthe conditions as indicated in Exhibit "A" of the Staff Reports. Commissioner Thomas requested a description of the surrounding neighborhood, to which Mr. Jeannette replied that there exists a high one - story structure.to the north and that there is a wide setback between their part l and the struc ture, and that the structures to the south are one and two -story structures. Heladded that there are buildings to the rear w ich are also two - story. Commissioner Thomas expressed hisfeeling that the proposed structure is not in keeping with the surrounding structures. xlxk 1 lxlMotion was then voted on, which MOTION CARRIED. Request to amend previously appro ed use permits that permitted the establishment Of a restaurant facility with on -sale wine and a ocktail lounge in the C -1 District so as to add ive entertain- ment to the restaurant use. Item #6 USE PER- AMENDED LOCATION:. Parcel 1, Parcel M'p 79 -50 (Re- subdivision No. 490), located at APPROVED 114 McFadden Place on the north- CONDI- easterly side of M Fadden Place TIONALLY between Court Avenue and West Bal- boa Boulevard on Wadden Square. -11- COMMISSIONERS April 10, 1980 r u=, c n D 7 i NX .1 City of Newport Beach CD i/1 MINUTES ■ ROLL CALL I I I I J i l l I INDEX I ZONE: C =l APPLICANT: Ava Lana, Inc., Westminster OWNER: Raymond W. Smith, Newport Beach The Public Hearing was opened reg6rding this item and Levio Benini, representative ¢f the Applicant appeared before the Planning Commhssion and state his concurrence with the conditions as indicated in Exhibit "A" of the Staff Report. Commissioner Beek expressed his feeling that if live entertainment is being added;, usage of the restaurant will increase and that!the parking area requirement should be computad on 35 sq. ft. rather than 40 sq. ft. f William Laycock, Current Planning • responded that staff has normally the Planning Commission has requi space for each 40 sq. ft. if ther music, and if there is live enter ^ing, they.have.recommended and th ;mission has required one parking 30 sq. ft. or 35 sq.. ft. 0 In response to a comment made by Beek, James Hewicker, Planning Di that the addition of background m application will not increase the of the .restaurant in terms of the tomers that are legally permitted building. He added that in this the restaurant is providing some ing on -site and they are being re ment their on -site parking throug of offsite parking permits in a m Administrator, recommended and ed one parking is background ainment or danc Planning Com- pace for each ommissioner ector, replied sic in this occupant load number of cus- inside the articular case, ffstreet park - uired to supple the purchase nicipal lot. In response to a question posed b Commissioner Beek, Mr. Laycock explained that hen the use permit was originally approved, the Planning Com- mission required the additional parking spaces on -12- 0 Motion Ayes Absent 0 K W°� WCD xix MINUTES April 10, 1980 of Newport Beach the adjoining property, in addition to the in- lieu parking and the 10 parking spaces on -site met the requirements of the code. Jackie Doyle, 20th and Court Avenue, appeared be- fore the Planning Commission and ;expressed her concern regarding allowing music until 2:00 a.m. Terry Doyle, 20th and Court Avenue, appeared be- fore the Planning Commission and pposed a question to which Mr. Hewicker replied that, the use permit stays with.the property in the event of a change of ownership and should there be 4 problem, and if there is a violation, the owne} is informed of such. He further explained tit if the owner continues to operate in violationlI, then staff comes before the Planning Commission with a re- commendation that they initiate revocation pro - ceedings on the use permit. He added that this procedure takes about 4 weeks. j Robert Burnham, Assistant City Attorney, comment- ed that should there be a public Nuisance, they can approach the Superior Court aid obtain a tem- porary restraining order within twelve to twenty - four hours. Raymond Smith, Owner of the building, appeared before the. Planning Commission ano relayed his concern regarding the difficulty in legally en- forcing these conditions, but that he concurred with the findings and conditions.; Commissioner Beek stated his pref'rence that elec tronic amplification not be permuted. Motion.was made that the PlanninglCommission make the following revised findings: 1. That the proposed development: is consistent with the General Plan and is compatible with surrounding land uses. -13- INDEX COMMISSIONERS K April 10,-1980 s1° 3 0 0 m D In y CD N City of Newport Beach The project will not have an environmental impact, provid demands are.met. A Municipa ly in front of the proposed lity and maybe useful to sa ing daytime hours. Adequate will be'provided for the res ing the evening hours with t plemental parking agreement spaces on the adjoining prop MINUTES significant ng that parking lot is direct - estaurant faci- d business dur- parking spaces aurant use dur- e existing sup - or 12 parking rty. 0 -14- INDEX 3. The Police Department has in'icated that they do not contemplate any roblems, provid ing that the proposed live a tertainment is background music for dining atrons as re- quested by the applicant. 4. That the live entertainment 6e background music for dining patrons in the restaurant facility and will not be detrimental to any • surrounding land uses as long as the music is confined to the interior of the build- ing. I 5. The approval of Use Permit N . 1783 (Amended will not, under the circumst nces of this case, be .detrimental to the ealth, safety, peace, morals, comfort and general welfare to persons residing and working in the neighborhood or be detrimental or injurious to property and i.mprovementsin the neighbor hood or the general welfare if the City. and approve Use Permit No. 1783, kubject to the following revised conditions: 1. That development shall be inlsubstantial conformance with the approved plot plan and floor plan. 2. That all exterior lighting a6d. signs shall be approved by the Planning Director. 0 -14- INDEX COMMISSIONERS p xCDa N Jac Vl 7 MINUTES April 10, 1980 i of Newport Beach ROLL CALL I 1 1 1 III I I INDEX I 3. That all mechanical equipment and trash areas shall be screened from public streets, alleys or adjoining properties. 4. That the approved supplemental parking agree ment for 12 parking spaces fmr the restauran use during evening hours on the adjoining property shall be maintained 5. That 18 "in- lieu" parking sp ces shall con- tinue to be purchased from t e City on an annual basis for the duratioi of the rest- aurant use on the site. 6. That the live entertainment Shall consist of a maximum of two musician$, and providing background music for dining patrons. 7. That the Live entertainment Shall be confin- ed to the interior of the promises and the • sound from said entertainment shall be con - trolled in such a manner that it does not become a problem for adjoini g properties. This condition shall include the closing of the existing doors onto t e open patio area during the periods of 1 ve entertain - ment. 8. That no dancing shall be permitted in the restaurant facility, unless an amendment to this application is approvedlby the Plan- ning Commission. 9. That the hours of operation �e limited to 10:00 a.m. to 2:00 a.m. The Planning Commission recessed at 9:15 p.m. and reconvened at 9:25 p.m. Request to amend a previously appjoved use permit . that permitted a restaurant facility with on -sale beer and wine in the C -1 District' so as to add a • take -out window on the Main Stre4 side of the restaurant use. -15- Item: #7 USE PER- MIT N0. 1865 AMENDED 7— W(n ■ April 10, 1980 of Newport Beach MINUTES ROLL CALL 1 1 1 1 1! 1 1 i I I INDEX 0 Motion Ayes Absent 0 LOCATION: Parcel No. 1 of Parcel Map 130 -50 (Resubdivision No.1589), located at 106 Main Street, on.the east- erly side of Main Ptreet, between East Balboa Boulev rd and East Ocean Front, in Ce tral Balboa. ZONE: C -1 APPLICANT: Bristol Restaurants, Los Angeles OWNER: Same as Applicant The Public Hearing was opened reglarding this item and Bill Cunningham, a General Par�tner for Bris- tol Restaurants, appeared before It he Planning Commission and stated that they wjould be willing to take the responsibility for maintaining any customer lines on Main Street, shpuld they exist. He expressed his feeling that anyltrash related t their business would be replacing trash that is already existing and caused by people bringing lunches and beverages to the areal. He added that they intend to provide two large itrash barrels. He expressed his feeling that.thej have done much to improve the Main Street area and that this would be an additional improvement. He commented that they would not be attracting any additional people to the area, but are provi ing a convenien facility that those already utilizing the area ca.n take advantage of. Commissioner Beek stated that take -out windows have impressed most concerned citizens and the Community. Associations as the number one prime culprit creating the litter and pedestrian con- gestion problem. x Motion was made that the P.lanningjCommission make X ITx findings as indicated in Exhibit "A" of the Staff Report and Deny Use Permit No. 1865 (Amend- ed). -16- DENIED g April 10, 1980 q3q, ° City of Newport Beach X CD PO N x .,.> I Request to remodel and convert an ran full service automobile servi a self - service facility in the C- modification to the Zoning Code i since a proposed trash enclosure within 5' of the rear property li ,planter areas encroach to the rea (where the Ordinance requires a 1 setback on a lot in the C -1 Distr an alley). MINUTES existing Chev- e station into District. A also requested ncroac.hes to e and landscape property line rear yard ct when abuttin LOCATION: A portion of Section 28, Township South, Range 10 West, San Bernar- dino Meridian, located at 3531 New port Boulevard, on the southwest - erly corner of New ort Boulevard and Short Street ii Central New- . port. I ZONE: C -1 APPLICANT: Chevron USA, Inc.j La Habra OWNER: Raymond V. Danigerb Newport Beach The Public Hearing was opened reg4rding this item and Chuck Woodland, Chevron Repre entative, posed a question, to which James Hewick r., Planning Director, replied that the trash Container must either be within the building or �ithin an out- side enclosure, and that the cone rn was that if there is landscaping shielding the trash area, that the landscaping not be in the alley setback, which would require that the trash storage area be moved further in. In response.to a second question osed by Mr. Woodland, Don Webb, Assistant Cit Engineer, re- plied that an encroachment permit from CalTrans would be required, because there 's a highway down to Finley Street. He commen ed that usually in situations where there is a de ication require -17- INDEX PER- 1'l'.i1Pl1r1 � � m am Z M MINUTES April 10, 1980 j i t of Newoort Beach ROLL CALL I 1 1 1 III I 1 I I INDEX 0 • ment, they will allow whatever improvements that are there to remain until such time as the City would need to use the right -of -ways. In response to a question posed b Commissioner 4llen, Mr. Webb replied that the uildings are set back 5' from the alley and th alley is 10' Nide. i Paul Link, nearby resident, appea Planning Commission and expressed there is not a need for two self - statio.ns in this area at the pres stated his preference that this r service facility. Renee Bordalet, nearby owner, app the Planning Commission and state learned that many of his neighbor izing the service station and 86 in favor of a full service statio his opinion that the area does no another self - service station. Mr. Daniger, Owner, appeared befo Commission and stated.that they w to address all their customers' n mented that the size of the prope nomics of the project do not warr vice station, and their alternati vide a self- service facility. ed before the his feeling that ervice gas nt time and he main a full- ared before that he had were patron - f them were He stated call for e the Planning re attempting eds. He com- ty and the eco- nt a full ser- e was to pro- ommissioner Allen inquired of Mri Daniger whether r not he was in favor of the con�iersion of this tation to a self - service station] and he indica- ed that he was in favor of such.! In response to a question posed bye Commissioner Beek, Mr. Woodland replied that they will have three employees and that the service work will be minimal. Paul Link again appeared before tije Planning Com- mission and expressed his preference that the hours of operation of the gas station be only un- til 8:00 p.m. j El K o x om� April 10, 1980 Of me MINUTES 1 ROLL CALL I 11 I Jill ! I INDEX Motion 0 Motion was made that the Planning Commission make the following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any �roblems. 4. That the trash enclosure enc the required.10 foot rear ya der the circumstances of the be detrimental to the health comfort and general welfare ing or working in the neighb proposed use or be detriment to property and improvements hood or the general welfare further that the propposed mo consistent with the legislat Title 20 of this Code. 5. The approval of Use Permit.N under the circumstances of t trimental to the health, saf rals, comfort and general we residing and working in the he detrimental or injurious improvements in the neighbor eral welfare of the City. oachment into d will not, un- particular case safety, peace, f persons resid rhood of such 1 or injurious in the neighbor f the City and ification is ve intent of . 1933 will not is case be de- ty; peace, mo- fare of persons eighborhood or o property or ood or the gen- and approve Use Permit No. 1933, Subject to the following revised conditions: 1. That development shall be insubstantial con formance with the approved plot plan, floor plan and elevations, except as noted below. 2. That the double -faced pole s gn shall not ex ceed an area of 36 sq. ft. p r face. -19- � n :r 3 -� 0 0 MINUTES April 10, 1980 i of Newport Beach ROLL CALL X 11 1 J i l l INDEX 3. All lighting fixtures shall Pe located so as to shield direct rays from adjoining pro- perties.. Luminaires shall be of a low le- vel, indirect diffused type land shall not exceed a height of greater than twenty (20) feet above finished grade. i 4. That all trash or storage areas shall be lo- cated within the building orbe shielded fro view by 6 foot high walls or! fences. That the grantee provide theloil company, th property owner and /or lessee'each with a cop of the conditions embodied, i�n the permit, an receive a written receipt th� refore, so that there shall be no person operating the pre- mises who is not aware of the conditions of operation. If, during any .ilnspection of the premises, the City shall find violations of the requirements of the use 1permit, it shall notify.both.the oil company iand the operator of the station in order to assure compliance -20- 5. That a landscape plan and related irrigation system for the permitted lanscape planter areas shall be approved by the Parks, Beache and Recreation Department. Said landscaping and irrigation systems shallbe implemented in accordance with the approved plans, and shall be continuously maintaiined. 6. That the entrances to the re!strooms located . adjacent to Newport Boulevard . shall be screened.from public view by. landscaping or a six foot high wall of materials in harmony with those utilized in the building. 7. That the dispensing machines lbe enclosed whe the service station is not ilm operation. 8. That the hours of operation shall be only from 6:00 a.m. to 9:00 p.m. That the grantee provide theloil company, th property owner and /or lessee'each with a cop of the conditions embodied, i�n the permit, an receive a written receipt th� refore, so that there shall be no person operating the pre- mises who is not aware of the conditions of operation. If, during any .ilnspection of the premises, the City shall find violations of the requirements of the use 1permit, it shall notify.both.the oil company iand the operator of the station in order to assure compliance -20- o m 3 p g 5 0 i i MINUTES April 10, 1980 of Newport Beach ROLL CALL I I I I III I I INDEX 0 Ayes Noes Absent E 10. That a variable width strip Of land be de- dicated for street and highw y purposes on the westerly side of Newport Boulevard. The strip shall be approximately17 -feet wide at Short-Street and taper to zey;o approximately 120-feet southerly of Short Street. A 10- foot radius corner cutoff atthe corner of Newport.Boulevard and Short Street shall als be dedicated to the public. 11. That a 2 -foot wide asphalt madian.shall be installed in Newport Boulevard across the frontage of the property. H wever, in the event that .CalTrans does not.require the 2 -foot wide asphalt median, this condition shall not be required. 12. That the landscaped areas in the 10 -foot alley setback shall be deleted. 13. That the existing Hallmark sjgn standard be allowed to remain in the area dedicated to the City until such time as #he. Public Works Director determines that it Is necessary for the sign to be removed to al ow for the wi- dening of Newport Boulevard.I The applicant sharll.also sign a statement that he is aware that the City and /or State m widen Newport Boulevard.in the next 3 to 5lyears; that he agrees to remove at his expemse all inter - ing encroachments within the %public right - of -way when given 30 days notice to remove; and that the applicant will not oppose the widening project. Commissioner.Cokas posed a questi n, to which Mr. Webb replied that the installation of the median would require the applicant to obtain a permit from CalTrans. xlxlxl Iximotion was then voted on, which MOTION CARRIED. Request to permit the installation of a reloca- Item #9 table building for a coin- operate ice vending machine facility in the Triangle hopping Center -21- COMMISSIONERS 1 (050WE> 3 � till 7C (p� 7 April 10, 1980 Of � • s- MINUTES ROLL CALL I I I I II I I I INDEX 0 in the C -1 -H District. USE PER- MIT NO. LOCATION: A portion of Recor of Survey No. 1934 27-47, located at 4599 West..Coast Highway', o.n the southerly side of APPROVED West Coast.Highway easterly of CONDI- West Balboa Boulevard in West New- TIONALLY port. ZONE: C -1 -H APPLICANT: Thomas C. Rodgers,INewport Beach OWNER: Same as Applicant The Public Hearing was opened reg and Thomas Rodgers, Applicant, ap Planning Commission and explained taken the plans for the ice machi ing and Safety Department, that h plication for anything necessary ine on the premises and that he h reply that there.was no requireme mit or building permit of any kin the location of the ice machine 8 setback would present some proble destrian traffic on the sidewalk. rding this item eared before th that when he ha e to the Build - requested ap -. o put the mach - d received the t for a use per He added tha feet from the s for the pe- -22- Commissioner Allen suggested back.ing up the re- Item #10. locatable building toward the sigh to satisfy the the Zoning Code is also requested!, since the USE PER - Police Department's concerns. I Motion proposed development includes thelinstallation of x Motion was made that the Planning Commission make Ayes x 1935 x x the findings as indicated in Exhi it "A" of the Noes x Staff Report and approve Use Perm -t No. 1934, sub Absent ject to the conditions as indicated i,n Exhibit "A of the Staff Report. i -22- Request to establish an automobile rental faci- lity in the M -1 -A District. A mopification to Item #10. the Zoning Code is also requested!, since the USE PER - proposed development includes thelinstallation of MIT N0. a three foot high ± ground sign that is located 1935 -22- COMMISSIONERS 9 r- w 5 A GO m D 0W G April 10, 1980 Of Beach MINUTES ROLL CALL I I I I 1 1 1 1 I I INDEX in the required 15 foot front yarn setback along the Campus Drive frontage of the ite. LOCATION: Lot 17, Tract No. 201, located at..4040 Campus Dri e, on the south easterly side of C�mpus Drive be- tween Dove Street end Quail Street across Campus Drive from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Michael W. Mayfiel and Larry D. Hooper, dba. Budge Rent A Car, Newport Beach OWNER: Robert P. Forbes, ,anta Ana Motion x Motion was made that this item be continued to s x x x XK x the regular Planning Commission meeting of April ent * 24, 1980, pending a review of a revised offstreet parking layout that is to be subm tted by the ap- plicant. Request to waive the requirement bf a parcel map for the combining of lots in conjOnction with the construction of a proposed officelbuilding. LOCATION: Lots 8, 9 and 10 o� Tract 5169, located at 4401, 4423 and 4443 Birch Street, on t e westerly side of.Birch Street a roximately 700 feet northerly of ove Street, nea the John Wayne Air ort. ZONE: M -1 -A APPLICANT: National EducationlCorporation OWNER: Irvine Industrial Complex • I I I I I I I LThe Public Hearing was opened rand this item and Marvin Leon, Attorney at Law nd General Coun- -23- CONTIN- UED TO APRIL 24, 1980 Item #11 I WAIVER OF P R- EC—MAP APPROVED I COMMISSIONERS r w O O W � D I MINUTES April 10, 1980 i of Newwrt Beach INDEX Motion Ayes Absent sel for the Applicant, appeared bfore the Plan- ning Commission and stated their oncurrence with the conditions as indicated in th Staff Report. x Motion was.made that the Planningkommission make X x XK x the findings as indicated in Exhibit "A" of the * Staff Report and approve the Waiver of Parcel Map Requirement, subject to the condition as indicat- ed in Exhibit "A" of the Staff Report. * * * Request to establish grade for tho purpose of mea 'curing height for a proposed bale ny in conjunc- tion with the remodeling of an existing single - family dwelling. 11111111 LOCATION: A portion of Tract Mar, located at 37 vard, on the south • I I I I I I I I of Ocean Boulevard settia Avenue and Corona del Mar. ZONE: R -1 APPLICANTS: Mr. and Mrs. John Corona del Mar OWNERS: Same as Applicants "A ", Corona del 9 Ocean Boule- esterly side between Poin- oppy Avenue in . Valentine, Motion [Ilxll Motion was made that this item bme continued to Ayes x x x x the regular Planning Commission m eting of April Absent 24, 1980, as per the Staff's requ St. * * * Request to consider an amendment to a portion of Item #13 Districting Map No. 13 so as to designate a front yard setback of 10 feet on portions of two lots AMEND - (where a 20 foot front yard setback is now re- MENT NO. quired by Code). LOCATION: Portions of Lot Nol. 19 and 20, APPROVED • Block 1, Section 1j, Balboa Island, I -24- COMMISSIONERS o mm p3 to 41 i G M April 10, 1980 City of Newport Beach MINUTES ROLL CALL I I I I Jill I INDEX located at 109 and nue, on the southe Park Avenue, weste Avenue, on Balboa ZONE: I I R -1.5 APPLICANTS: John L. and Barba boa Island OWNERS: Same as Applicants 109 Park Ave - ly side of ly of Emerald sland. B. Scott, Bal- The Public Hearing was opened regalyding this item and John Scott, Applicant, appearejd before the Planning Commission and stated his agreement with the Staff Report. i Commissioner Beek stated his understanding that • most of the Balboa Island lots have a .10' setback along the street, though the setback would ordin- arily be 20'. Motion x Motion was made that the Planning Commission.ap- Ayes x x x XK x prove Amendment No. 543, and reco mend that the Absent * City Council adopt same. I Request to consider an amendment to Chapter 20 of the Newport Beach Municipal Code as it pertain to required parking for residenti 1 uses, and the acceptance of an Environmental Document. . INITIATED BY: City of Newport Beach The Public Hearing was opened reg�rding this item and there was no one that desired to appear and be heard regarding this item. Commissioner Allen inquired wheth4r she was cor- rect in assuming that fewer parking spaces are required per unit in an R -3. District for a multi- family unit than in other areas. j • I I 11111 (William Laycock, Current Planning Administrator, replied that in West Newport and orona del Mar, -25- Item #14 AMEND- MENT NO. 3�5 CONTIN- UUD TO APRIL 24, 1980 COMMISSIONERS g April 10, 1980 n r d c n 7 i NW lc 7 City of Newport Beach vl three parking spaces have been re less than 2,400 sq. ft. and one a ing space for each 600 sq. ft. ab been. required. He.added that the where the standard differs and th one parki.ng space per dwelling un dwelling units is Newport Heights MINUTES uired for units ditional park - ve that has only other area requirement is t up to four and Lido Isle. Motion x Motion was made that this item belcontinued to the regular Planning Commission m eting of April 24, 1980, so that Commissioner Balialis might par - ticipate in the discussion of same. i Commissioner Beek expressed his feeling that a point of contention was, under what circumstances are outside carport spaces counted as part of the floor area of the house. He stated that there are four suggestions in determining this: 1) The Coastal Commission counts require ( parking spaces regardless of what kind of spaces they are. 2) . The Corona del Mar Development Standards Commit- tee recommended that outside spaces are not count ed if they are open to the sky, but they are: counted if they have a roof over $hem. 3) The 3 -1 Plan suggests that they are ndt counted if they have a roof over them, but arse counted if they have a living space over them. 4) The Balbo Island Improvement Association suggests that they not be .counted even if they have living space ove them. Commissioner Beek then suggested that thes four items be given some thought.] 0 Commissioner Allen posed a question, to which Commissioner Beek replied that thi Balboa Island lots are small and owners want to have as much floor area on.the lot as possible and do not wan to count parking spaces as part o the floor area He explained that his reason for eeling that the parking space should be counted i it is covered by living area is that he has seers the subterran- ean parking in this town and thatjit does not contribute.anything to light, airand open space, but is.essentially part of the bulk of the house. He stated his feeling that it is essentially a garage with no door. -26- INDEX COMMISSIONERS April 10, 1980 �x 3 =gam 0cm� D N x N D City of Newport Beach MINUTES ROLL CALL I I I I I I I I I I INDEX Ayes x X.XK x x Motion was then voted on, which MOTION CARRIED. Absent * * * ADDITIONAL BUSIN€SS: ADDI- TIONA Motion x Motion was made to.set for publichearing amend- BUSIN Ayes x XK ing the height of residential dev4lopment on Noes x x x steep lots, which MOTION FAILED. Absent * * * Motion x Motion was made to adopt Resol'utian No. 1053 and Ayes x x x x x set for public hearing-on May 22,1,1980, lot line Absent * adjustments, which MOTION CARRIED; * * * • 40 1 G. Debra Allen, Secretary Planning Commission City of Newport Beach -27-