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Home My WebLink About04/19/1979COMMISSIONERS City of Newport Beach 9`s} 9Q�s,tic�m Regular Planning Commission Meeting 4 Place: City' Council' Chambers t Time: 7:30 P.M. ROIL CALL Present Motion 411 Ayes a x xl x EX- OFFICIO MEMBERS R.V. Hogan, Director, Community Development Dept. Hugh Coffin, Assistant City Attorney STAFF MEMBERS James D. Hewicker, Assistant Director- Planning Don Webb, Public Works Dept. Ass't. City Engineer Glenna Gipe, Secretary Approval of the Minutes of the regular Planning Commission meeting of April 5, 1979 was postponed to the meeting of May 10, 1979. MINUTES Motion was made that Items No. 4 and 5 b withdrawn as requested by the applicants. Request to create three parcels of land, two par- cels for the Irvine Coast Country Club and related offstreet parking lot and a residual parcel for a use to be determined and the acceptance of an En- vironmental Document. Location: Portions of Blocks 55 and 93, Ir- vine's Subdivision, located at 1600 East Coast Highway on the northerly side of East Coast Highway, between Jamboree Road and Newport Center Drive. Zones: 0 -S, P -C, and Unclassified Applicant: The Irvine Company, Newport Beach Owner: Same as Applicant Engineer: Robert Bein, William Frost & Assoc- iates, Newport Beach Be INDEX' Item #1 RESUB- DIVISION JlV APPROVED C ND�I- II ALLY COMMISSIONERS 1%19\�y� o p$ City of Newport Beach April 19, 1979 ROLL CALL The Public Hearing was opened regarding this item and Ron Hendrickson, The Irvine Company, appeared before the Planning Commission to state his concu rence with the conditions as set forth in the Sta Report, with changes to Conditions 6, 11 and 13, discussed.on April 5, 1979. There being no others desiring to appear and be heard, the Public Hearing was closed. In response to a question by Staff, Don Webb, Put lic Works Department Assistant City Engineer, re- plied that the Subdivision Ordinance states that roads should be of less than 7% grade and in thi <. instance the Backbay Drive would necessarily be constructed at more than 7 %, or approximately 8 -S Motion x Motion was made that the Planning Commission make All Ayes the following findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable genes or specific plans and the Planning Commissi< is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivision No. 616, subject to the following modified conditions: 1. That a parcel map be filed. 2. That all. improvements be constructed as re- quired by ordinance and the Public Works De. partment. 3. That Section 19.16.030 of the Subdivision Oi dinance be waived provided that drawings of the parcel map at a scale of 1" _. 100' are 1 vided to the Public Works Department. 4. That Section 19.20.030 (f) of the Subdivisii Ordinance be waived and grades of more than be permitted as approved by the Public Work: Department. 5. That a 4 -foot easement for pedestrian and b• cycle trail purposes along the Jamboree Roai _z MINUTES U •al n. )ro >n 7% i- I r �* L� INDEX COMMISSIONERS • s\ p�ti,p �i City of Newport Beach April 19, 1979 _ ROIL CALL I frontage be dedicated to the City. .6. That all vehicular access rights to Jambore( Road, with the exception of the existing ma' tenance access, be released and relinquishes to the City. 7. That the remaining street improvements along the Jamboree. Road frontage be completed. i 1:8. That a twelve- foot -wide Portland cement con. Crete pedestrian and bicycle trail be consti j cted immediately behind the curb along the easterly side of Jamboree Road. 19. That all vehicular access rights to Santa .Bi bara Drive be released and relinquished to City. 10. That all vehicular access rights to East Co+ Highway except for the existing private dri, (vacated Clubhouse Drive) be released and ri • linquished to the City. 1. That the remaining street improvements alon! the East Coast Highway frontage be complete, in accordance with the City's Capital Impro- ment Policy. A separate agreement and sure may be provided for these improvements to p mit their construction in conjunction with improvement of the adjacent highway frontag 2. That a construction easement on.the souther 25 feet of Parcel No. 3 be dedicated to'the City by a separate document. 3. That all vehicular access rights.to Backbay Drive extension adjacent to the golf course be released and relinquished to the City. 4. That a 36- foot -wide strip of land along the southwesterly side of Parcel No. 1 (Backbay Drive extension) be dedicated to the public for street and highway purposes. 5.. That Backbay Drive extension be improved'wi concrete sidewalk -bike trail, curb and.gltt -3- MINUTES n I •u• ir- ;he is e I I re- .y !r- :he I th �r, INDEX COMMISSIONERS F o � City of Newport Beach April 19, 1979 _- ROIL CALL and 28 feet of paving. A separate agreement and surety may be provided if desired. 16. That storm drain easements (three locations) acceptable to the Public Works Department be provided adjacent to the boundary of Tenta- tive Tract No. 9676. 7. That a 10- foot -wide and egress ease- .ingress ment over.Parcel No. 1 to the storm drain ee ments at a location acceptable to the Public Works Department be dedicated to the City. This easement shall be improved to provide z weather access. 18. That a sewer easement along the easterly sic of Parcel No. 2 with a width acceptable to i Public Works Department for the existing sev line be dedicated to the City. 9. That a subdivision agreement and accompanyir surety be provided if it is desired to recor the parcel map prior to completion of the pr lic improvements. 0.. That the subdivider be responsible for the e of the additional signal equipment required signalize the northerly leg (vacated Clubhot Drive) of the East Coast Highway- Irvine Teri traffic signal in accordance with the City'-. capital improvement policy. 1. A drainage easement and drainage improvemen7 shall be provided to carry all drainage fror the existing offstreet parking lot arid,adjo- ing vehicular access easements directly int( the storm drainage system. 2. That the lake and related dike located on Pi cel No. 1 shall meet all requirements of thi State Division of Safety of Dams. 3. That a document, satisfactory to the Direct of Community Development and the City Attori shall be recorded to.ensure that vehicular gress, egress and parking will be maintainer Parcel No. 3 for the benefit of.Parcel No. -4- MINUTES • INDEX, ise ill le :he ter Ig ^d ab- :os to ise ,ac rs n in- or iey n- lo • :T 1' COMMISSIONERS v @m of Z ROLL CALL • G� MINUTES City of Newport Beach April 19, 1979 INDEX amend a previously approved use permit tted the establishment of a restaurant ith on -sale alcoholic beverages on the proposed development includes live en- t and the expansion of the dining areas existing Le Biarritz restaurant use. as are also proposed on open patios. A Dn to the Zoning Code is also requested, rtion of the expanded structure, a trash and a portion of the proposed on -site aces encroach into the required 15 foot Dng .the Westminster Avenue frontage of ty. Further request to waive a portion uired offstreet parking spaces, and to Dffsite parking agreement for a portion quired parking spaces. AND establish one building site and elimi -. Item #3 terior lot line where two lots now exist ermit the expansion of the existing Le RESUB- estaurant facility.on the property.. D�Vf�ION Lots 25 and 26, Block 8, Tract No. 27,1ocated at 414 North. Newport APPROVED Boulevard, on the northeasterly cor- CONDI- ner of North Newport Boulevard and TIU-NALLY Westminster Avenue, adjacent to New- port Heights. C -1 Yves Briee and Yvan Humbert, Newport Beach Same as Applicants K. W. Lawler and Associates., Irvine 2 and 3 were heard concurrently due to tionship.) to a question from Commissioner Beek, cker, Assistant Director - Planning, epart mmunity Development, stated . that th ft. is the amount of area used for Other hich would have a parking requiremebt of -5- !Request to !that permi ;facility w si te. The tertainmen within the !Dining are ! mddificati, !since a po lenclosure, ,parking sp setback al, the proper of the req accept an of said re Request to nate an in so as to .p Biarritz r Location: Zone: 'Applicants :Owners: i i Engineer: (Items No. ttheir rela In answer James Hewi ment of Co 3,213 sq. i purposes w April 19, 1979 INDEX amend a previously approved use permit tted the establishment of a restaurant ith on -sale alcoholic beverages on the proposed development includes live en- t and the expansion of the dining areas existing Le Biarritz restaurant use. as are also proposed on open patios. A Dn to the Zoning Code is also requested, rtion of the expanded structure, a trash and a portion of the proposed on -site aces encroach into the required 15 foot Dng .the Westminster Avenue frontage of ty. Further request to waive a portion uired offstreet parking spaces, and to Dffsite parking agreement for a portion quired parking spaces. AND establish one building site and elimi -. Item #3 terior lot line where two lots now exist ermit the expansion of the existing Le RESUB- estaurant facility.on the property.. D�Vf�ION Lots 25 and 26, Block 8, Tract No. 27,1ocated at 414 North. Newport APPROVED Boulevard, on the northeasterly cor- CONDI- ner of North Newport Boulevard and TIU-NALLY Westminster Avenue, adjacent to New- port Heights. C -1 Yves Briee and Yvan Humbert, Newport Beach Same as Applicants K. W. Lawler and Associates., Irvine 2 and 3 were heard concurrently due to tionship.) to a question from Commissioner Beek, cker, Assistant Director - Planning, epart mmunity Development, stated . that th ft. is the amount of area used for Other hich would have a parking requiremebt of -5- COMMISSIONERS vss v( @gym no,FtP�sv *'o � 9c 4 9s oRP $p City of Newport Beach April 19, 1979 ROLL CALL 13 parking spaces if it were developed today, and that in times past the Planning Commission has gi van credit for the non - conforming portion of the building and required parking only for the change in use, and finally that Staff is offering this a a possibility in this case. Brton Jeannette, Architect for the project, 504 N Newport Boulevard, Newport Beach, appeared before the Planning Commission to state that they will b including patio space on the first and second floor, that the second floor will be used partial as restaurant office space and partially as res.ta urant dining space and that the third floor will office space for the business operations of the restaurant.. He also stated that they are request ing encroachments into the required setback on We minster Avenue, as follows: a) The existing building now rests on the prope ty line and they are asking to retain the building as is. b) A trash enclosure that will possibly encroac within the 15' setback. c) Three parking spaces will come close to the property line. d) A portion of the terrace dining at the first floor that encroaches into the setback. He additionally explained their proposed solution the parking.requirement and their intention to provide over 500 linear feet of curbs and gutters (that he suggested could be used as parking space and their additional 40.spaces on -site and.an off site parking agreement with Mr. Vogel for an addi tional 36 spaces across the street, with access f Beacon Street. He also added their intention of hancing that prominent corner with curbs, gutters sidewalks and landscaping. With regard to the Co ditions in the Staff Report, Mr. Jeannette commen that they. would be requesting a waiver of an addi tional. number of required parking spaces - enough o allow second floor dining inside during the lu our, or a request for a waiver of 20 additional arking spaces, for a total waiver request of 33 arking spaces. In conclusion, he stated their r uest to use the second floor at all times and in nclement weather not use the deck on the outside n the first floor. n response to a question by Commissioner Balalis ichard Hogan, Community Development Department D ector, replied that the offsite parking agreemen -6- MINUTgS ' • INDEX s 2 ly be St r- h ro an , n- te I i- t 0 COMMISSIONERS City of Newport Beach April 19, 1979 ROLL CALL with the Board of Realtors had been terminated an further that none of the 36 spaces on their prese offsite agreement can be used during the day, as they are the required parking spaces used by the adjacent businesses, and would only be available the evening when the businesses are closed. Commissioner Haidinger stated.h.is understanding that they are proposing going from 1,667 sq. ft. net floor area to 3,527 sq. ft. (120% increase) a that the parking spaces will increase from 15 on- site to 40 onsite, plus the 36 offsite spaces, mi nus the 15 terminated in the agreement with the Board of Realtors (or from a total of 30 to a toi of 76 parking spaces, or 2'� times) which is less than the increase in the building, so that the si uation, Commissioner Haidinger felt, should be in proved with this project. Don Webb, Public Works Dept. Ass't. City Engineer stated that some of the curb parking spaces • shown on .the site plan are close to the driveway! and intersection and that for site visibility put Poses, the traffic engineer would require a setbt from the driveways approximately 20' (or equal t( one parking space), providing approximately 15 -11 parking spaces, rather than 20. Mr. Briee, Applicant, appeared before the Plannit Commission to relay the history of the Le Biarri' Restaurant, and to express his feeling that in t1 evening the Le Biarritz Restaurant does not causi any problems from a parking standpoint, and furtl of their intention to better the neighborhood) wi these improvements. He further stated that thou the Board of Realtors didn't want to be involved in a formal agreement, that his customers were pi sently still able to use their parking lot, whicl is quite often unoccupied. Mr. Briee additional' requested no restriction regarding sound amplifi cation, as they intended to provide background m sic for dinner guests. Donald Cotts, 416 Westminster Avenue, appeared .b fore the Planning Commission to represent three the four residences directly across the street f Le Biarritz. He expressed his concern and that his neighbors regarding the added traffic an pa ing that the of this reltau problems enlargement j. i -7- MINUTES INDEX d nt in of id al t- , ck 19. :z ie ier :h Ih •e- i y t- )f •om If .k -. ,an COMMISSIONERS ROLL City of Newport Beach April 19, 1979 CALL would bring. He further described the present parking problems in that area, and reminded the Planning Commission that the residences across.tl street from the restaurant are Zoned R -1. He al! expressed his concern with the proposed commerci: parking lot to be directly across the street fror his residence and the noise that would be involvf and specifically his concern with its present gri He suggested an entrance and exit from Newport Boulevard and a lowering of the parking lot. LuAnne Baker, 413 Homewood, appeared before the Planning Commission to express her concern regari ing the additional traffic and noise that would i sult from the expansion of the restaurant, and fi ther, to express her opposition to outside speaks James Rogers, General Partner, Westbay Propertie! immediate.adjacent property owner to Le Biarritz appeared before the Planning Commission to expre! his support to Mr. Briee in his restaurant endea. vor. Ed Wells, property owner down the street from Le Biarritz, ex -owner of the restaurant, appeared bi fore the Planning Commission to express his suppi of the improvements to the appearance of the neii, borhood which Mr. Briee intends to bring. In response to a question by Commissioner Beek, Brion Jeannette, Architect for the project, state their intention to drop the parking lot down.3' from where it now exists, putting it level with Westminster Avenue, with a 3' high wall with a bi in front of that, and landscaping. In response to a question by Commissioner Balali! Mr. Jeannette responded that the turn - around nec sary to ingress and egress on Newport Boulevard would eliminate an additional number of parking spaces and traffic would not flow as smoothly in and out of the parking lot as it would were the gress and egress separate. There being no others desiring to appear and be heard, the Public Hearing was closed. -8- MINUTES INDEX e 0 �1 i !d idi I- •e- Ir- !rs S • in Ih- i as_ :0 in- �1 L� COMMISSIONERS City of Newport Beach April 19, 1979 -- -ROLL CALL Motion x !Motion was made that the Planning Commission make !the following findings: !1. That the proposed use is consistent with thi Land Use Element of the General Plan, and i! compatible with surrounding land uses. i 12. The project will not have any significant ei vironmental impact, providing that adequalte offstreet parking spaces are provided. 3. The Police Department has indicated that thi do not contemplate any problems. i 14. That the proposed encroachments into the re. quired 15 foot setback along the Westminste Avenue frontage of the site, and tandem part ing spaces, will not,-under the circumstanc of the particular case, be detrimental to tl health, safety, peace, comfort and general welfare of persons residing or working in t' • neighborhood of such proposed use or be det mental.or injurious to property and improve h neighborhood or the general we ments in the 9 9 fare of the City and further that the propo modifications are consistent with the legis dative intent of Title 20 of this Code. 5. The approval of Use Permit No. 1053 (Amende will not, under the circumstances of this c be detrimental to the health, safety, peace morals, comfort and general welfare of pars residing and working in the neighborhoodlor detrimental or injurious to property and!im provements in the neighborhood or the gener welfare of the City. and approve Use Permit No. 1053 (Amended), sutbje to.the following.modified conditions: 1. That development shall be in substantial co formance with the approved plot plan, revis parking layout, section, floor plans and el vations, except as noted below. That a minimum of one parking space /40 sq. i.2. of "net public area" shall be provided for expanded restaurant use. However, a waiver -9- MINUTES I- ,y as ie ie ri= I- ;ed ase , ins be al c n- ed e- ft. the of WDEX COMMISSIONERS City of Newport Beach April 19, 1979 -- ROLL CALL 13 of the required parking spaces shall be permitted. 3. That only the first floor of the restaurant facility shall be utilized for dining and drinking purposes prior to 5:00 p.m., Monday through Friday, unless an offsite parking ag reement is approved by the Planning Commissi and the City Council for the additional requ ed parking spaces, except when the patios ar closed due to inclement weather. 4, That an offsite parking agreement shall be a proved by the City Council guaranteeing that a minimum of 36 parking spaces shall be pro - vided on Lots 17 through 20, and 32 through 35, Tract. No. 1136, after 5:00 p.m., Monday through Friday, and on weekends, for the dur tion of the restaurant use on the property i question.' 5. That a parking attendant (or attendants) sha be provided on the proposed on -site parking lot at all times during regular business hoc Said attendants shall utilize the offsite pa ing lot on Westminster Avenue only during eu ing hours and on weekends. 6. That all mechanical equipment and trash area shall be screened from adjoining properties. and from adjoining streets. 7. That the proposed trash enclosure shall be r located so as to provide adequate site dista to parking space No. 14 on the approved plot plan. Said relocation of the subject trash closure shall be approved by the Department Community Development. 8. That the live entertainment shall be confine to the interior of the restaurant facility. 9. That there shall be no sound amplification t outside of the structure or in conjunction M the live entertainment. 0. That on -sale alocholic beverages shall be pe mitted in all of the interior and exterior C ing areas of the restaurant use. -10- MINUTES U INDEX on it e p- a- n 11 1 • rs rk en e- nc en of d 1 se it r- in COMMISSIONERS O�,p f1 City of Newport Beach April 19, 1979 ROIL CALL 1. That all exterior lighting shall be approved by the Department of Community Development. 12. That a washout area for trash containers sha be.provided in such a way as to allow direct drainage into the sewer system and not into i the storm drains. 3. That a landscape plan, including an automati irrigation plan, shall be prepared by a lic- ensed landscape architect. Prior to the cer tificate of occupancy on the expanded buiidi a licensed landscape architect shall certify to the Department of Community Development that the landscaping and irrigation has been installed in accordance with the prepare d p 1 4. That 3 foot high solid walls shall'be constr ted between the offstreet parking spaces:and Westminster Avenue, except at the approved driveway. 5. That all provisions of the Uniform Building Code shall be required in conjunction with t expanded restaurant use. 6. That approval of Use Permit No. 1053 (Amende be contingent upon the approval of Resubdivi sion No. 623. 7. That all Conditions of Approval of Resubdivi I sion No. 623 be fulfilled. 8. That the proposed brick sidewalk shall be cc sidered a private.encroachment which will re quire Council approval in accordance with Cc cil Policy L -6, and that an agreement for nc standard street improvements be provided. 9. That the former use permit applications on i site shall become null and void with the ap- proval of this amended use permit. In response to a question by Commissioner McLaugt .Richard Hogan, Community Development Department I rector, replied that the closure of patios luring inclement weather would be enforceable . i n a spot -check or MINUTES INDEX 11 C. ng an uc he d), n- un n- hi Ali , COMMISSIONERS 4 Cy City of Newport Beach April 19, 1979 ROLL CALL complaint basis, and if there were violations, tt Use Permit would be called back to the Planning Commission's attention. Ayes x x x x x Motion was then voted on, which MOTION CARRIED. Noes x Motion x Motion was made that the Planning Commission make All Ayes the following findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable gener al or specific plans and the Planning Commi <_ lion is satisfied with the plan of subdivi- sion. 2. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivision No. 623, subject to the following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as re- quired by ordinance and the Public Works De- partment. 3. That the remaining street improvements (in- cluding sidewalk, curb and gutter, and pave- ment) be constructed along the Westminster Avenue and North .Newport Boulevard frontage! of the property. 4. That a standard subdivision agreement and st ty be provided to guarantee satisfactory cor pletion of the public improvements if it is desired to obtain a building permit or recoi the parcel map before the public improvement are completed (parcel map must be recorded prior to issuance of building permits). 5. That the street improvements be shown on st: dard improvement plans prepared by a license civil engineer. -12- MINUTES • . INDEX e' ire r- •d :s in- �d I COMMISSIONERS City of Newport Beach o ? t ! April 19, 1979 ROIL CALL 0 0 The Planning Commission recessed at 9:10 P.M.'and reconvened at 9:20 P.M. MINUTES Request to establish one building site and elimi- nate interior lot lines where three lots and pro- perty bayward of said lots to the U.S. Government Bulkhead Line now exist so as to permit the exist- ing remodeling of the multi - family residential complex on the property. . Location: Lots 2, 3 and 4, Block 2, Balboa Bay side Tract and property bayward of said lots to the U.S. Government Bulkhead Line, located at 421 East Edgewater Place, on the southerly side of Edgewater Place between Cypress Avenue and Adams Street on the Balboa Peninsula. Zones: R -3 and R -4 Applicant: Stephen G. Oppenheim, Hollywood Owner: Method -Art Corporation, Hollywood Engineer: Joseph C. Brown, Westlake Village The Planning Commission withdrew Item No. 4, as per the applicant's request. Request to accept an offsite parking agreement for the required parking spaces in conjunction with the remodeling of the existing Harbor Glass Building into a two -story office building. INDEX Item #4 RESUB- DIVISION N0. 626 t Location: Lots 16 and 17, Block 220, Section bTEAT- A, Newport Beach, located at 222 21s Street, on the easterly side of. 21st WITH- Street, northerly of West Balboa biE}ID Boulevard, adjacent to McFadden Square. -13- ROL COMMISSIONERS City of Newport Beach MINUTES' • April 19, 1979 INDEX C -2 Zone: Tom Moon, Newport Beach Betty J. Stanley, Costa Mesa ing Commission withdrew Item No. 5, as per. Applicant the necessary long term lease for auto - ^king in the Old Spaghetti Factory park -. wring daytime hours. Owner: amend a previously approved use permit Item #6 itted on -sale alocholic beverages in the . -li- Greene's Saloon restaurant facility The Plann )perty. The proposal consists of chang- MIS ierational characteristics of said resta- 1853 Include live entertainment. AMENDED the appli Lots 3 through 8, Block 431, Lan- caster's Addition to Newport Beach, - located at 3110 Newport Boulevard, ALLY on the northeasterly corner of New - to obtain port Boulevard and 31st Street in Central Newport. C -1 mobile pa Lester P. Elmore, Newport Beach Hearing was opened regarding this item i A. Kelso, 2914 Cliff Drive, representing ing lot d :ant, appeared before the Planning Commis - tate her concurrence with the conditions rth in the Staff Report. Request t Public Hearing was closed. that Perm existing on the pr ing the o urant to Location: Zone: Applicant Owner: The Publi and Judit the Appli sion to s as set fo There bei heard, th MINUTES' -14- • April 19, 1979 INDEX C -2 Tom Moon, Newport Beach Betty J. Stanley, Costa Mesa ing Commission withdrew Item No. 5, as per. :ant's request, inasmuch as he was unable the necessary long term lease for auto - ^king in the Old Spaghetti Factory park -. wring daytime hours. amend a previously approved use permit Item #6 itted on -sale alocholic beverages in the . -li- Greene's Saloon restaurant facility USE PER - )perty. The proposal consists of chang- MIS ierational characteristics of said resta- 1853 Include live entertainment. AMENDED APPR D Lots 3 through 8, Block 431, Lan- caster's Addition to Newport Beach, - located at 3110 Newport Boulevard, ALLY on the northeasterly corner of New - port Boulevard and 31st Street in Central Newport. C -1 Eli Greene's Saloon, Newport Beach . Lester P. Elmore, Newport Beach Hearing was opened regarding this item i A. Kelso, 2914 Cliff Drive, representing :ant, appeared before the Planning Commis - tate her concurrence with the conditions rth in the Staff Report. ig no others desiring to. appear and be Public Hearing was closed. -14- COMMISSIONERS r� u ROIL CALL Motion All Ayes • MINUTES City of Newport Beach April 19, 1979 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 en- vironmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The live entertainment in the restaurant faci- lity will not be detrimental to any surround- ing land uses as long as the music is confined to the interior of the building. 5. The approval of Use Permit No. 1853 (Amended.) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of per- sons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the gen- eral welfare of the City. and approve Use Permit No. 1853 (Amended), subject to the following conditions: 1. That development shall be in substantial con- formance with the approved plot plan and floor plan. 2. That a minimum of 28 parking spaces (1 space for each 48.5 sq. ft. of net public area shal be maintained in the adjoining offstreet park- ing lot for the restaurant use. 3. That the existing parking, lot shall continue to be maintained with approved traffic markers or painted with white lines not less than 4 . inches wide. 4. That the live 'entertainment shall be confined to the interior of the premises and the sound from said entertainment shall be controlled in such a manner that it does not become a pro - blem for adjoining properties. -15- INDEX COMMISSIONERS L City of Newport Beach April 19, 1979 ROLL CALL 5. That no dancing shall be permitted.in the restaurant facility unless an amendment to this application is approved by the Planning Commission. 6. That on -sale alcoholic beverages shall be pl mitted. 7. That the former use permit application on tI site shall become null and void with the ap- proval of this amended use permit. Request to establish a restaurant facility with on -sale beer and wine in Lido Marina Village whet two retail shops now exist. Location: Parcel No. 1 of Parcel Map 59 -17 (Resubdivision No. 416) located a+ 3420 Via Oporto, on the easterly side of Via Oporto between Centra' Avenue and Via Lido in Lido Marini Village. Zone: C -1 -H Applicant: Lido Marina Village, a General Pai nership, Newport Beach Owner: Howard F. Ruby, General Partner, I Angeles The Public Hearing was opened regarding this itei and James Parker appeared before the Planning Col mission on behalf of the Applicant to state his concurrence with the conditions as set forth in Staff Report. There being no others desiring to appear and be heard, the Public Hearing was closed. Motion x Motion was made that the Planning Commission make the following findings: 1. The proposed development is consistent with the General Plan, and is compatible with sui rounding land uses. 2. Adequate offstreet parking spaces are being provided for the proposed development. -16- MINUTES' INDEX I ar its Item #7 •e USE PER- MIT NO. 1965— APPROVED I L BTV�� I TAI Imo! LLY • ,t- _os n, n- the • r L. COMMISSIONERS i+�p cy i City of Newport Beach April 19, 1979 ROLL CALL 3. The Police Department has indicated that.th� do not contemplate any problems. 4. The project will not have any significant! vironmental impact. 5. The approval of Use Permit No. 1905 will not j under the circumstances of this case be deti mental to the health, safety, peace, morals . comfort and general welfare of persons resit ing and working in the neighborhood or be di trimental or injurious to property and im- provements in the neighborhood or the generi I welfare of the City. and approve Use Permit No. 1905, subject to the following conditions: 1. That development shall be in substantial col formance with the approved floor plan. 2. That a minimum of one parking space for eacl 40 sq..ft. of "net floor area" shall be pro• vided in the Lido Marina Village parking sti ture for the proposed restaurant facility. 3. That all mechanical equipment and the storal of cartons, containers and trash shall be shielded from view within a building or witl in an area enclosed by a wall or fence. 4. That a minimum of 5 parking spaces in the structure remain for the use of the 6 slips mooring spaces currently leased to private parties. 5. That all remaining slips and mooring spaces be reserved exclusively for the upland user! 6. That.the upper level of the parking strOctui be made available to the tenants and employe of Lida Marina Village subject to a program proved by the Director of Community Develop) Commissioner Beek then posed a question, to whicl Richard Hogan, Community Development Department Director, replied that the owner of Lido Village controls all the leases of said village and that i the applicant in this project is Lido Village. i I I -17- MINUTES y 'i- 1 uc le or -e ;es ap ten i INDEX COMMISSIONERS F 9 @� v�PPpPV �y@ Z ROLL CALL All Ayes City of Newport Beach April 19, 1979 M*467ts' a1 )n fic 3f a y an n- t to ca- to on le vent. at Nest - be- ion ing- tem the em, re- t- e for play not e rea not park- • INDEX Item #8 SITE REVIEW NT.--ff APPROVED cuff Uf— TT 1CL L Y • Motion was then voted on, which MOTION CARRIED Request to permit the construction of commerci building and related offstreet parking spaces property in a Specific Plan Area where a speci plan has not been adopted, and the acceptance Environmental Document. A modification to the Zoning Code is also requested, since a stairwa . one of the required offstreet parking spaces e croach into the required 10' rear yard adjacen an alley. The proposal also includes a modifi tion from the required parking standards so as allow a compact parking space and a modificati in the required size of parking spaces and ais width in conjunction with the proposed develop Location: Parcel No. 1 of Parcel Map 68 -8 (Resubdivision No. 479) located East Coast Highway on the south erly side of East Coast Highway tween Begonia Avenue and Carnat Avenue in Corona del Mar. Zone: C -1 Applicant: J. Don Hartfelder, A.I.A., Hunt ton Beach Owner: Mr. N. Shokrian, Los Angeles The Public Hearing was opened regarding this i and Don Hartfelder, Applicant, appeared before Planning Commission to address two items to th including the history of the project and their quest for an encroachment into the rear 10' se back with a compact car space and exit from th building. He further expressed the necessity the excess space above the parking area to dis oriental rugs, a product for which there would be much traffic generated, and he relayed that there would only be one employee, and for thos sons, they were requesting that the floor area be reduced and that they have a waiver of the ing requirement. -18- M*467ts' a1 )n fic 3f a y an n- t to ca- to on le vent. at Nest - be- ion ing- tem the em, re- t- e for play not e rea not park- • INDEX Item #8 SITE REVIEW NT.--ff APPROVED cuff Uf— TT 1CL L Y • COMMISSIONERS • ROLL CALL 0 Motion r1 LJ MINUTES City of Newport Beach April 19, 1979 Commissioner Agee stated his understanding that there was no guarantee that this building would always be used for said purpose. Richard Hogan, Community Development Department Di rector, then stated that the Planning Commission cannot waiver the requirement for parking in the case of a Site Plan Review, and that another type of application would be required. Chris Hopper, 2435 E. Coast Hwy., appeared before the Planning Commission to express her concern re- garding the parking problem in the alley and her feeling that there should not be an encroachment close to that alley. Doris Masters, 2435 E. Coast Hwy. property manager, appeared before the Planning Commission to urge that they not permit any variances as far as park- ing requirements are concerned. She expressed her feeling that encroachment into the alley would pose an additional hazard in trying to negotiate through the L- shaped curve within the alley. There being no others desiring to appear and be heard, the Public Hearing was closed. Motion was made that the Planning Commission make the following findings: 1. The proposed development is consistent with th General Plan and will not preclude the aittain- ment of Specific Area Plan and General Plan objectives and policies. 2. The proposed development will not adversely affect the benefits of occupancy and use of existing properties within the area. 3. The proposed development does not adversely affect the public benefits derived from expen- ditures of public funds for improvement and beautification of street and public facilities within the area. 4. The proposed development promotes the mainten- ance of superior site location characteristics adjoining major thoroughfares of City -wide im- portance. -19- INDEX COMMISSIONERS MINUTES . City of Newport Beach April 19, 1979 • �9f , ROLL CALL INDEX 5. The project will not have any significant en- vironmental impact. 6. Adequate parking spaces and related vehicular circulation will be provided in conjunction with the proposed development if the floor area is reduced as required by Code. 7. That the establishment of a compact parking space and stairway encroachments in the re- quired rear yard and the proposed "Sliding. Scale" parking layout will not, under the . circumstances of the particular case, be detrimental to the health, safety,.peace, comfort, and general welfare of persons re- siding or working in the neighborhood of such proposed use or be detrimental or in- jurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifi- cations.are consistent with the legislative intent of Title 20 of this Code. • and approve Site Plan Review.No. 22, subject to the following conditions: 1. That development shall be in substantial con- formance with the approved site plan, sign plans, floor plans, and elevations, except as noted in Condition No. 2. 2. That the proposed floor area shall be reduced so as to provide,a minimum of one parking space for each 250 sq. ft. of gross floor area. In addition, one loading space shall be maintained on the property. 3. That all mechanical equipment and trash areas shall be screened from East Coast Highway, adjacent properties, and from the alley abut- ting the property. 4. That all water from the roof shall be carried to the street or alley in an improved drainage device. 5. That all drainage originating from within the enclosed garage shall be discharged into the sewer. • -20- COMMISSIONERS ROLL CALL Motion Ayes Noes All Ayes Motion Ayes Noes • City of Newport Beach April 19, 1979 MINUTES INDEX iN h Item #9 P. C. RULES OF PRA URE ?x- to >n a- Ina e U t t re d to s f ha he Commissioner Beek expressed his feeling that they should preserve the full 10' setback. x jAmendment to the Motion was made that the encroa( x x x Iment into the setback not be allowed, which MOTI( x x x (FAILED. (Original Motion was then voted on, which MOTION. CARRIED. Request to amend the Rules of Procedure of the Planning Commission. Initiated By: City of Newport Beach Commissioners Frederickson, McLaughlin and Agee pressed their opposition to changing the regular Planning Commission meeting time from 7:30 P.M. 7:00 P.M., due to the imposition in the short length of time from the close of the Study Sessii the same afternoon to the proposed 7:00 P.M. reg lar Planning Commission meeting time. x Motion was made that the 7:30 P.M. regular.Plann Commission meeting time be retained. Commissioner Beek expressed his feeling that the Planning Commission should meet at the same time of the evening at which the City Council meets. x x x x x Motion was then voted on, which MOTION CARRIED. x x With respect to the second proposed change to th Rules of Procedure of the Planning Commission!, H Coffin, Assistant City Attorney, stated that if Planning Commission were to adopt such a rule, i j would at best be advisory to the members of the Commission, that it would not have the force of quiring a Commissioner to resign his seat, shoul he declare his candidacy, and that if he is elec to City Council, he will automatically vacate hi seat because there would be an incompatibility o office, and if the Planning Commission were to adopt such a rule, it would have no more force t advice. He further stated, however, that were t City Council to adoppt the proposal as in II.MEM BERSHIP AND TERM (B) as a policy or ordinance of i the City, at that time it would have effect. -21- MINUTES INDEX iN h Item #9 P. C. RULES OF PRA URE ?x- to >n a- Ina e U t t re d to s f ha he COMMISSIONERS MIN116M" City of Newport Beach p i April 19, 1979 • ROLL CALL Motion Ayes Noes pkiIZ11411 e e h d he d he ADDI -. Tb'FIA L n=S S it of • Commissioner Frederickson then expressed his feel ing that they had in times past observed abuse in the absence of such restriction, but he would ne- cessarily speak against it in spite of this, as h did not see this as the solution. Commissioner McLaughlin then stated that she agre with Commissioner Frederickson's statement. x Motion was made that the Planning Commission ini- tiate an amendment to the Rules of Procedure of the Planning Commission by adding the following modified Item "B" to Section II of the Rules re- garding MEMBERSHIP AND TERM, to wit: "B. The a ointment of a Plannin Commissioner as a ounci man t o i in of nomination papers by or for a Commissioner as a candidate for electioi to the City Council shall constitute the resig- nation of such Commissioner.", and forward to City Council for inclusion in thei Code. Commissioner Balalis commented that other Cities have used a similar policy and such a statement as this was actually taken verbatim from the Muni cipal Code for the City of Fullerton and that suc a policy has existed there for quite some time an has worked very well. Commissioner Haidinger expressed his support of t motion for the reasons given by Commissioners.Fre erickson and McLaughlin. Commissioner Agee also expressed his support of t Motion. x x x x Motion was then voted on, which MOTION CARRIED. x x ADDITIONAL BUSINESS: Suggested Suggested PlanningCommission Procedures Commissioner Agee expressed his opposition to lirr ing the number of speakers during the public hear ings (suggested Planning Commission Procedure "a" Commissioner Balalis suggested asking the number speakers that intend to speak previous to opening the public hearing on each item, and commented re garding limiting the meetings to 11:30 P.M., stat -22- pkiIZ11411 e e h d he d he ADDI -. Tb'FIA L n=S S it of • doMMISSIONERS City of Newport Beach April 19, 1979 MINUTES ROLL CALL ing his feeling that this would be unfair to the public hearing response to the last items on the agenda. Commissioner Agee suggested that the term "Proce- dure.s" be changed to the term "Guidelines ". In response to a question by Commissioner Haidin- ger, Richard Hogan, Community Development Depar.t- ment Director, replied that the Rules of Procedure of the Planning Commission are the rules by which the Planning Commission operates and are fairly firm. Motion x Motion was made that the Planning Commission ap- All Ayes prove the Sub- committee's (which consists of the following Commissioners: Commissioners McLaughlin Haidinger and Balalis) suggested Five Recommehda- tions and forward these recommendations to the City Council for their consideration, and that the Planning Commission begin implementing these re- commendations, to wit: 1. Increase the Use of Informal Planning Control We believe planning can be simplified if the City Council and Planning Commission in- crease the amount of informal guidance; given to prospective developers early in the ap- plication process. This guidance as to what type of development, if any, is likely to be approved with permit developers and staff to analyze and present proposals with rea- sonable assurance that their time will not be wasted. This type of informal guidance . might best be provided for major projects in joint Council /Planning Commission study sessions. The informality of these sessions could be improved if they.are held in the Council Conference Room or in some other room which is conducive to casual discussion. If this political input can be recognized as such, and given to applicants early in the process, it should be possible then to -23- INDEX COMMISSIONERS MINUTES' City of Newport Beach ROLL CALL 2. April 19, 1979 plan growth and redevelopment by directly addressing issues of density, parking, en- vironmental effects, aesthetics, etc. as they relate to a specific project. We be- lieve this would be a more effective control than that provided by numerous ordinances controlling traffic volumes, grading require- ments, size and volume of residences, family size, etc. The Planning Commission has recently has se- veral instances in which appointed City com- mittees made recommendations to the Council or outside agencies in conflict with Plan- ning Commission recommendations without first advising the Commission of their differences. While unanimity of opinion will not be pos- sible in all cases, we believe that orderly decision making requires that the Planning Commission know if another group has strong opinions on a matter under consideration. We therefore suggest that the Council direct City committees to advise the Commission through the staff of their opinions on sub- jects we are considering and that the Commis- sion schedule its hearing of issues to per- mit consideration of committee discussion. Because Planning Commission recommendations on several recent issues have been at var- iance with actions of other City bodies', we suggested during our interviews with home- owners and developers that perhaps respon- sibility for reviewing major developments, general plan changes, or new ordinances should be assumed directly by the City Coun- cil. Reaction to this suggestion was uni- formly unfavorable. (One group suggested that the Planning Commission serves a val- uable "drum rolling" function in calling attention to major growth issues.) -24- • INDEX 0 'COMMISSIONERS 9cmmos ; P City of Newport Beach Aoril 19, 1979 "2 ROLL CALL 3. Improve Homeowner Notification There was general concensus that homeowner notification can, and should, be improved. The improvements should take place both in who is notified and in the form of notifi- cation. We recommend that a procedure be establish- ed whereby homeowners associations can re- quest notification on any proposed develop- ment, zoning change, general plan amend- ment, etc. which affects their residents or areas of interest. We further suggest increased effort by the staff to notify all residents who would be affected by proposed City regulations. The lack of public comment on major restrictive measures recently before the Commission leads us to question whether adequate citi- zen notification was given. Lastly, the form of the notice should be re vised to explain in simple terms how propos ed measures could affect the individual pro perty owner. Statements such as "this may prohibit you from ", or "this may permit your neighbor to . . " would cal attention to issues otherwise not easily understood. We believe a postcard type of notice would be adequate with this wording. 4. Modify Some Planning Commission Guidelines Most Planning Commission guidelines were ge nerally well accepted. We recommend some changes as follows: a. Control public testimony by limiting t number of speakers, the time allowed f each side of an issue, or by some othe method. b. Allow informal discussion of agenda it during study sessions if this is legal • ly permitted. i I -25 MINUTES he or r ems INDEX COMMISSIONERS '9 ®0 �0 i City of Newport Beach April 19, 1979 ROLL CALL C. Stop Commission meetings at 11:30 p.m. and manage the allocation of time to agenda items to allow completion of the agenda. d. Leave public hearings open during Com- mission discussion so the public can comment on issues raised by.commission ers. e. Review at each study session a list of the items on which the staff is pre- paring a special report so no impor- tant projects will be overlooked. 5. Continue Efficient Community Development Department Operation There was overall favorable comment re- garding the operation of the Community Development Department. Some comment was made by developers that the plan check process is more elaborate than in other cities. Homeowners commented that the Department provides them information on request but sometimes does not volunteer information which would be helpful to homeowners. All were surprised at the lack of print- ed material describing the planning, de- velopment, and permit process. Corres- pondingly, many with whom we talked did not have a good understanding of the process. We, therefore, recommend that the Department prepare descriptive ma- terial which will be available to the public and also distribute it to each homeowner association. -26- MINUTES LJ INDEX n LJ • It • R4 M A COMMISSIONERS City of Newport Beach April 19, 1979 ILL CALL )tion x x i iMotion w was made that Paul Balalis be excused fro 1 Ayes t the regular Planning Commission meeting of May 1 0 1979, which MOTION CARRIED. IA g general discussion was made regarding the down - zoning of Newport Island to an R -1 Zone, after wh time it was decided to wait for the homeowners o n Newport Island to complete their poll and to ini- tiate this if they are desirous of doing so. Richard Hogan, Community Development Department rector, stated that in the Traffic Phasing Ordin nce regarding exemptions, it exempts any commerc or industrial project which has a gross floor ar equal to or less than 10,000 sq. ft., or any,res i MINUTES INDEX m , Icr Di- a- ial ea d f t., is pro yed es t ce- ft l l y' di- m-