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HomeMy WebLinkAbout05/23/1991COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 P.M. DATE: May 23, 1991 o� CITY OF NEWPORT BEACH ROLL CALL INDEX Present Commissioner Pers6n was absent. Absent * EX- OFFICIO OFFICERS PRESENT: Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Rich Edmonston, City Traffic Engineer Dee Edwards, Secretary Minutes of May 9. 1991: Minutes of 5/9/91..: Robin Flory, Assistant City Attorney, requested that reference that was made to "City Attorney" Don Webb on page 26 be corrected to "City Engineer" Don Webb. Motion * Motion was made and voted on to approve the modified May 9, Ayes Absent * * * * * * 1991, Planning Commission Minutes. MOTION CARRIED. s r ■ Public Comments: Public Comments No one appeared before the Planning Commission to speak on this agenda item. Posting of the Agenda: Posting of the Agenda William Laycock, Current Planning Manager, stated that the Planning Commission Agenda was posted on Friday, May 17, 1991, • in front of City Hall. COMMISSIONERS May 23, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Request for Continuance: Request For Mr. Laycock stated that the applicant, Majid Dezand, requested Continue that Item No. 2, Site Plan Review No. 62 and Use Permit No. 3415 regarding a proposed combined commercial /residential development located at 472 North Newport Boulevard, be continued to the Planning Commission meeting of June 6, 1991. Motion * * Motion was made and voted on to continue Item No. 2 to the June Ayes Absent 6, 1991, Planning Commission meeting. MOTION CARRIED. 4 ■ ■ Amendment No 735 (Continued Public Hearing) Item No.1 Request to consider an amendment to Districting Map No. 11 so A735 • as to establish a new front yard setback on the bay side of four parcels located on the northwesterly corner of East Balboa No. 1255) Boulevard and "C" Street. The proposed front yard setback is 74.5 feet from the front property line on East Balboa Boulevard, which Approved is consistent with the existing and proposed residential development on the four lots. INITIATED BY: The City of Newport Beach LOCATION: Parcels 1 and 2 of Parcel Map 79 -18 (Resubdivision No. 509); Lots 10 and 11 and a portion of Lot 14, Block 15, East Side Addition to the Balboa Tract; and a portion of Lot 9, Block J, Bay Front Section, located at 1018 -1024 East Balboa Boulevard, on the northwesterly comer of "C" Street and East Balboa Boulevard on the Balboa Peninsula. ZONES: R -2 and R -3 The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public hearing was closed at this time. _2_ COMMISSIONERS 03 '6'O,�Y' O� May 23, 1991 CITY OF NEWPORT BEACH MINUTES R CALL 11 1 INDEX Motion Motion was made and voted on to adopt Resolution No. 1255, Ayes * * * * recommending to the City Council the adoption of Amendment No. Absent 735. MOTION CARRIED. A. Site Plan Review No. 62 (Continued Public Hearing) Item No.2 Request to permit the construction of a combined SPR62 , commercial /residential development in the Old Newport Boulevard Specific Plan Area where a Specific Plan has not yet been adopted. UP3415 Cont'd to AND 6/6/91 B Use Permit No 3415 (Continued Public Hearing) Request to permit the construction of a dwelling unit on property . located in the C -1 District. LOCATION: A portion of Lot 3, Block 8, Tract No. 27, located at 472 North Newport Boulevard, on the southeasterly side of North Newport Boulevard, between Bolsa Avenue and Westminster Avenue, in the Old Newport Boulevard Specific Plan Area. ZONE: C -1 APPLICANT: Majid Dezand, Newport Beach OWNER: Same as applicant William Laycock, Current Planning Manager, stated that the applicant, Majid Dezand, requested that this item be continued to the June 6, 1991, Planning Commission meeting to allow additional time to revise the plans. Motion * Motion was made and voted on to continue the subject item to the Ayes June 6, 1991, Planning Commission meeting. MOTION �ent * CARRIED. -3- May 23, 1991 COMMISSIONERS MINUTES V VON t. CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 2099 (Amended)(Public Hearing) item No.3 Request to amend a previously approved use permit which UP2099A . permitted the establishment of a take -out ice cream facility and related products on property located in the C -1 District. The Approved proposed amendment includes a request to change the operational characteristics of the facility so as to expand the type of food items to be sold, to include deli sandwiches, hot dogs, baked potatoes, potato skins, microwave popcorn and pizza. The proposal also includes a request to use a take -out window at the front of the facility for the sale of food items; and a request to remain open until 11:00 p.m. from June 1 through the Labor Day weekend annually whereas the existing use permit requires the facility to close at 10:00 p.m. daily. LOCATION: Lot 15, Block A, Section 4, Balboa Island, • located at 332 -A Marine Avenue, on the easterly side of Marine Avenue, between Balboa Avenue and the Balboa Island Bridge, on Balboa Island. ZONE: C -1 APPLICANTS: William P. and Cathy Trujillo, Balboa Island OWNER: Stephen M. Curtis, Balboa Island William Laycock, Current Planning Manager, referred to letters of opposition from Nancy and Sydney Head, 331 Grand Canal, and Joan Gregorius, 1405 North Bay Front, that were distributed to the Planning Commission prior to the subject public hearing. He stated that the letters address concerns with respect to the applicants' requests to extend the operating hours to 11:00 p.m., the take -out window, and the trash that accumulates at the rear of the property during week -ends and summer months. Mr. Laycock referred to Condition No. 7 of the original Use Permit No. 2099, approved at the September 23, 1982, Planning Commission meeting • wherein it is stated '"That all trash, including compacted trash bags and recyclable containers, shall be stored within the building until -4- COMMISSIONERS May 23, 1991 MINUTES CP0 q A 'A CITY OF NEWPORT BEACH ROLL CALL INDEX they are to be picked up." He explained that trash may have to be outside Monday through Friday because the City picks up the trash on Marine Avenue for the commercial businesses, but there is no trash pickup on Saturdays, Sundays, or Holidays. He suggested that a condition be added to the subject use permit stating "that all trash, including compacted trash bags and recyclable containers, shall be stored within the building until the trash is picked up." Mr. Laycock further suggested that if the Planning Commission should deny the subject use permit that Finding No. 1, Exhibit "C ", be modified to state "That the proposed changes in operational characteristics of the restaurant to serve additional food items 'and the additional amount of trash', would be an intensification of the existing use,... ". Mr. Laycock stated that the letters of opposition indicate that the applicants are currently using a take -out window, and he confirmed that when staff visited the site, the take -out window was open. He referred to the letter from the Code Enforcement Officer dated July 26, 1990, that the take -out • restaurant was open after 10:00 p.m. and occasionally to 11:30 p.m. In response to a question posed by Chairman Debay, Mr. Laycock concurred that the applicants were not directly involved with the previously approved amendments to the use permit; however, he explained that the applicants were informed of the conditions to the use permit by the Code Enforcement Officer in the July 26, 1990, letter. The public hearing was opened in connection with this item. Mr. and Mrs. Bill Trujillo, applicants, appeared before the Planning Commission. In response to the foregoing concerns regarding the take -out window, Mr. Trujillo explained that the take -out window is open so as to provide ventilation for the facility. He said that the trash is wrapped in plastic bags, and the trash bin is shared with the retail store adjacent to the take -out restaurant and the upstairs tenant. In response to the photograph that was attached to Mr. and Mrs. Heads' letter depicting the trash at the rear of the property, Mrs. Trujillo explained that the picture was taken on a Saturday when there is no trash pickup. Mr. Laycock explained that the foregoing condition requires the trash to be kept inside the • building on the weekends. -5- May 23, 1991 COMMISSIONERS MINUTES IP CITY OF NEWPORT BEACH Raff CALL INDEX In response to questions posed by Chairman Debay, Mr. Trujillo concurred with the findings and conditions in Exhibit "A", as submitted by the applicants, and he reluctantly agreed with Exhibit "B ", the suggestions of staff. Mr. Trujillo requested that the take - ouYwindow be open until 10:00 p.m. so as to provide refreshments for the public walking around Balboa Island during the evening. In response to questions posed by Commissioner Edwards, Mr. Trujillo replied that the applicants also operate Lappert's Hawaii, 322 Marine Avenue and said facility is open from 10:00 a.m. to 10:00 p.m. daily. He further replied that it is difficult to close the subject take -out restaurant at 10:00 p.m. when there are many people waiting to be served ice cream or yogurt. Mr. Trujillo explained that there are two take -out restaurants on Marine Avenue that remain open until 11:00 p.m. He said that their customers do not cause congestion in the alley, and the neighbors have not complained about noise since they have operated the take -out restaurant. In response to a question posed by Commissioner Edwards, Mrs. Trujillo stated that a neighbor residing on the comer across the alley from the subject facility has indicated her support of the subject operation inasmuch as the applicants have kept the street and alley cleaner than the previous operators of the take -out restaurant. Mrs. Trujillo submitted a petition of 28 signatures in support of the subject facility. In response to a question posed by Commissioner Di 5ano with respect to the wooden benches as referred to in the staff report, Mr. Trujillo explained that the Code Enforcement Officer informed the applicants that benches are allowed, and bar stools are prohibited. He stated that the bar stools were modified to benches so as to provide seating for customers waiting for their take -out orders. Mr. Laycock explained that staff does not prohibit benches or stools; however, he said the applicants provided counter tops for the customers where the benches are located, which is in violation of the conditions of approval of Use Permit No. 2099. Mr. Trujillo stated that a previous planter was converted to a counter top to enhance the facility. -6- COMMISSIONERS May 23, 1991 MINUTES CITY OF NEWPORT BEACH R CALL INDEX In response to a question posed by Chairman Debay, Mr. Trujillo explained that the applicants were aware that the facility was approved as a take -out restaurant. He stated that a take -out window should be provided for a take -out restaurant. Commissioner Pomeroy stated that the public purchases food from take -out restaurants as they walk around Balboa Island, and it is the public walking around the Island who create the noise, and not the customers of take -out restaurants. Mr. Laycock explained that the subject restaurant is unique from the other take -out restaurants on Balboa Island inasmuch as the facility is directly across the alley from residential uses, and the adjacent residents have expressed concerns with the previous and current take -out operations. He said that the aforementioned restaurants that remain open until 11:00 p.m. are legal, nonconforming uses, and did not originally require use permits. He stated that an objection to a take -out window adjacent to a sidewalk would be the potential congestion of patrons on the public sidewalk in front of the take -out window. Mr. and Mrs. Trujillo and Chairman Debay discussed the current operation and requested menu of the take -out restaurant. Chairman Debay expressed her support of Condition No. 9, Exhibits "A" and "B" wherein it is stated "That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. ". Mr. Bo Clawson, 1411 North Bay Front, appeared before the Planning Commission, and he stated his opposition to the subject proposal. He addressed his concerns regarding the request to extend the operating hour to 11:00 p.m.; the congestion in the alley throughout the day; that the noise emitting from the alley often comes from persons waiting in automobiles for individuals working in the take -out restaurant and the noise is a primary nuisance to the residents residing adjacent to the alley; the alley is used as an emergency access for that area of Balboa Island; and the popular opinion of the residents adjacent to the take -out restaurants is to oppose the 11:00 p.m. closing. In response to a question posed by Commissioner Edwards, Mr. Clawson explained that there may be • a slight difference between the operation of the previous operation as opposed to the current establishment. In response to a question -7- May 23, 1991 COMMISSIONERS MINUTES o�� AM 0� � CITY OF NEWPORT BEACH RWL CALL INDEX posed by Commissioner Pomeroy, Mr. Clawson replied that the customers prefer to park in the alley as opposed to parking in the street because of the parking convenience, and the patrons do not comply with the "no parking" signs posted in the alley for a variety of reasons. Commissioner Edwards addressed the applicants' request to expand the type of food items to be sold. Mr. Laycock referred to a letter dated July 26, .1990, from the Code Enforcement Officer to the applicants addressing the violation of the food items that were being sold that were not approved by the Planning Commission. Ms. Betty Felling, 309 Grand Canal, appeared before the Planning Commission, and she expressed her opposition to the subject application. She stated that the applicants do not comply with the conditions of the existing use permit; that 25 food items that are presently sold are advertised on a sidewalk bulletin board and awning; has the Health Department approved the current operation ?; the manner in which the trash is disposed in the alley • is distressing; litter exists on Marine.Avenue from the facility; where does the disposal from the kitchen cleanup end up ?; the operating hours extend beyond 10:00 p.m. and the customers and automobiles are disturbing the adjacent neighbors; the previously approved three of four "no parking" signs no longer exist; the automobiles block and prohibit the residents from entering the alley; and the take -out window is being used for customers. Commissioner Glover and Mr. Laycock discussed the foregoing concerns regarding the trash containers and trash pickup. Ms. Felling, Chairman Debay, and Mr. Laycock discussed the location of the one "no parking" sign that exists on the site on the side of the building, and that no signs are visible as an automobile enters the alley. Discussion ensued regarding the heavy congestion that exists on the alley throughout the day. In response to questions posed by Chairman Debay and Ms. Felling, Rich Edmonton, City Traffic Engineer, reported that the Traffic Affairs Committee has approved speed bumps in the alley behind the businesses on Marine Avenue, and delivery trucks and construction vehicles may block the alley for only 20 minutes unless there is special permission from the City. -8- May 23, 1991 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH R CALL INDEX Commissioner Pomeroy addressed previous testimony given by Ms. Felling during the September 22, 1983, Planning Commission meeting wherein she stated that she would consider an 11:00 p.m. closing of the previous tenant, Haagen -Daz Ice Cream, July 4 through Labor Day. Ms. Felling stated that her opinion has changed based on the increase in traffic and the intensification of use in the alley. In response to a question posed by Commissioner Di Sano, Ms. Felling replied that she had not observed a difference in the operation of the previous tenant and the current tenant with the exception of the expanded menu of the current establishment and she is concerned with cooked food and grease traps. Ms. Flory explained that the applicant would be required to contact the Building Department to determine if a grease trap would be required, and if required, a grease trap would have to be installed before the establishment could continue to operate with the • expanded menu. Chairman Debay stated that Condition No. 8 in Exhibits "A" and "B" addresses said grease trap requirement. Ms. Joan Clawson, 1411 North Bay Front, appeared before the Planning Commission and stated her opposition to the subject application. Mrs. Clawson addressed her concerns regarding the illegal parking in the alley by individuals who are directly associated with the take -out restaurant, and how difficult it is to maneuver in the alley because of illegally parked automobiles. In response to a question posed by Chairman Debay, Mrs. Clawson replied that a "no parking" sign is posted on their garage, and they have had one automobile towed away from their property. In response to a question posed by Commissioner Edwards, Mrs. Clawson replied that the expanded menu items would bring in more customers and traffic, and she would prefer that the menu remain as was originally approved. Ms. Mary Kramer, 1403 North Bay Front, appeared before the Planning Commission in opposition to the subject application. She stated that the expanded menu would require customers to wait for the cooked food, and automobiles would be parked in the alley and • block her garage while the patrons are waiting for their food. In response to a question posed by Commissioner Di Sano, Ms. -9- COMMISSIONERS p sAd d O� May 23, 1991 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Kramer replied that the applicants have a sign posted outside of the building indicating the take -out restaurant's menu, and the establishment appears to be a "clean" operation. In response to a question posed by Chairman Debay, Mr. Edmonton explained that the "no parking" signs were posted by the previous tenants of the take -out restaurant, and the City would prefer that the applicants be responsible for said signs. He further replied that the Municipal Code states that no parking is allowed in alleys, and because the alley is narrow and posts would interfere with the traffic, the City has requested that "no parking" signs be posted on the sides of the subject building. Mr. Edmonton stated that the Police Department tickets illegally parked automobiles in the alleys, and during the summer months the police patrol Marine Avenue for parking violation. In response to a question posed by Commissioner Glover, Mr. Laycock referred to the approved September 23, 1982, Planning • Commission minutes, Condition No. 8, that states "That no cooking, or any food preparation other than ice cream, related products, or other approved items, shall be permitted in the take -out restaurant facility ....... Other than ice cream and toppings, sales shall be limited to coffee, juices, brownies, cookies, milk, mineral water and Haagen -Dazs' T- shirts." Commissioner Di Sano commented that the applicants illegally expanded the menu in 1990, and the residents have observed the intensification of use since April, 1990. Commissioner Pomeroy and Mr. Laycock discussed the request for the expanded food items in comparison with the approved food items. In response to a question posed by Commissioner Pomeroy, Mr. Laycock explained that the reason for the speck food items that were approved in 1982 was to restrict the food items to ice cream and related products. Commissioner Pomeroy stated that operators of take -out restaurants do not always originally intend to expand the food items; however, they attempt to accommodate the needs of the customers. Ms. Betty Banto, Balboa Island, appeared before the Planning • Commission. She expressed her concerns regarding the tables and chairs, and take -out windows located at take -out establishments on -10- May 23, 1991 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Marine Avenue. She stated that the subject establishment is open after 10:00 p.m. on a regular basis. Ms. Lynn Newton, 1407 North Bay Front, appeared before the Planning Commission. She supported the neighbors' aforementioned statements, and she stated that if the Planning Commission approved the application, it would make a bad situation worse. Mrs. Newton commented that she informed the applicants when the establishment was purchased that she did not want any expanded changes in the take -out restaurant. In response to a question posed by Commissioner Di Sano, Mrs. Newton replied that she has not observed any difference in the operation between the previous tenants and the applicants. Mr. Stuart Brown, the tenant residing above the subject take -out restaurant, appeared before the Planning Commission. Mr. Brown supported the application, and he stated that the existing take -out restaurant is an improvement over the previous tenants, including • placing the trash in plastic bags inside the containers. He said that he has not observed any cooking odors emitting from the subject establishment. Mr. Brown concurred that parking in the alley is a problem; however, he stated that the applicants have attempted to cooperate with the neighbors regarding said concern. There being no others desiring to appear and be beard, the public hearing was closed at this time. Commissioner Merrill referred to Condition No. 6 of the original Use Permit No. 2099 that was approved at the September 23, 1982, Planning Commission meeting stating'That a trash compactor shall be installed." Mr. Laycock stated that a trash compactor is no longer required for take -out restaurants; however, it does apply to the subject application and a trash compactor was installed in 1982. Mr. Laycock concurred that no trash is allowed in the alley until it is picked up by the City. Mrs. Flory referred to Title 6, Section 6.04.150 of the Municipal Code, stating that "Containers, except when placed out for collection, or stored in alleys, shall be stored out of public view from any street...... When the premises abut upon an alley, containers shall be placed for collection at or next to the • abutting property line in the alley, but in no case shall the containers obstruct any vehicular travel through the alley. -11- May 23, 1991 COMMISSIONERS 3� �o� • o�n� . 0 �� � � CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Containers shall be placed for collection by 7:00 a.m. on collection days, but not earlier than 7:00 p.m. the day preceding the collection day." Ms. Flory explained that the Municipal Code describes a container to be constructed of metal, plastic, or other watertight material, shall be equipped with handles, and covers sufficient to prevent odor from escaping. She said that trash bags that are specifically designed for garbage and refuse, with ties, are acceptable. Commissioner Merrill commented that the take -out restaurant should not set weekend trash out until Sunday, at 7:00 p.m. for Monday morning pickup. Commissioner Pomeroy addressed the request to expand the food items, and he asked if there could be some method that would allow a degree of latitude with the intent of what the Planning Commission has approved. He suggested that rather than a condition stating what specific food items can be sold, the Planning Commission should condition what cannot be permitted so as to solve some of the previous problems that have come before the • Planning Commission. Mr. Laycock referred to Condition No. 12, September 23, 1982, Planning Commission minutes for the original Use Permit No. 2099, wherein it specifically stated "That only bench seating shall be provided in the facility rather than tables and chairs, as originally requested by the applicants. ". Motion Motion was made to approve Use Permit No. 2009 (Amended), subject to the findings and conditions in Exhibit "B ", add Condition No. 15, as requested by staff: "That all trash, including compacted trash bags and recyclable containers, shall be stored within the building until the trash is picked up.'; and add Condition No. 16, "That the applicant shall install, legible to a driver of a vehicle, "no parking, no stopping, or no idling" signage along the side of the building." Commissioner Di Sano stated that the subject establishment expanded the menu inappropriately; however, the residents and the owners of the take -out restaurant have to make compromises. He objected to the expanded operating hours based on the adjacent residential area. Commissioner Di Sano stated that Exhibit "B" incorporates the findings and conditions suggested and supported by staff and considers the concerns of the residents as follows: Condition No. 3 addresses the issue of trash; Condition No. 6 states that a take -out window on Marine Avenue shall not be permitted; Condition No. 8 requires a grease interceptor unless -12- COMMISSIONERS 0\ May 23, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX otherwise approved by the Building Department and the Utilities Department; Condition No. 9 addresses the issue of a different ownership notifying future owners of the conditions of the use permit; Condition No. 10 restricts the closing hour to 10:00 p.m.; and Condition No. 12 states "....no grills or frying equipment shall be permitted for the preparation of food items, unless an amended use permit is approved by the City." Commissioner Di Sano explained that the Planning Commission would give the business an opportunity to succeed, and the City has an opportunity to add conditions that would put some "teeth" into the law. He advised the residents to notify the Code Enforcement Officers if the applicants do not comply with the approved conditions inasmuch as Condition No. 13 allows the Planning Commission to add to or modify conditions of approval to the use permit, or recommend to the City Council the revocation of the use permit upon a determination that the operation is detrimental to the community. In response to a question posed by Commissioner Edwards, Mr. • Laycock explained that all previous conditions that have been approved for Use Permit No. 2099 remain in effect unless said conditions are amended by the subject application. Commissioner Pomeroy addressed the frustration by the residents who testified during the subject public hearing regarding the congestion in the alley on Balboa Island, and he said there are indications that the applicants appear to be better operators than the previous owners. He supported the motion and the recommended added conditions. In response to a question posed by Commissioner Glover, Mr. Laycock explained that the Municipal Code states that it is illegal to park a vehicle behind a garage if the vehicle is parked on an alley. In response to a question posed by Commissioner Pomeroy, Mr. Laycock replied that there is not enough space between the garage doors of the residential uses and the alley to park an automobile inasmuch as there may be a width of only 5 or 6 feet. Commissioner Glover stated that she is concerned with the parking issue inasmuch as the residents have a right to enter and leave • their garages; that Exhibit "B" would not improve the situation for the adjacent residents; the applicants have not complied with the -13- COMMISSIONERS .o �o,o is °� . co May 23, 1991 CITY OF NEWPORT BEACH MINUTES ROTE CALL INDEX previously approved conditions; the residents have consistently attempted to be a partner with the City in trying to do something about making their lives better; and the businesses and residents have to work together. Commissioner Edwards did not support the motion and he concurred with Commissioner Glover's statements. He explained that he could not make the necessary findings to support the motion based on the testimony during the public hearing; that the applicants stated that it was their intention to intensify the use; and there have been problems for several years concerning the subject establishment. Commissioner Pomeroy stated that he would support a review of the subject application in September inasmuch as if there would be a violation of the conditions, it would probably be during the summer months when the establishment is the busiest. Chairman Debay commented that the use permit could be called up by the Planning Commission before September if there would be complaints by the neighbors. Commissioner Di Sano stated that he would agree to add a condition requesting a review of the subject application in September. Commissioner Merrill did not support the motion whereby he addressed the illegal parking in the alley, and previous problems that the City has had with the subject property since the original use permit was approved in 1982. He said that the applicant would be intensifying the use and it would be detrimental to the residents. Motion was voted on to approve Use Permit No. 2099 (Amended) subject to the findings and conditions in Exhibit "B ", including added Condition No. 15 regarding trash storage, Condition No. 16 regarding posted signage in the alley, and Condition No. 17 Ayes * * * * regarding a review of the use permit at the September 5, 1991, Noes * * Planning Commission meeting. MOTION CARRIED. Absent • -14- COMMISSIONERS ,a ,r NO\ 0 May 23, 1991 CITY OF NEWPORT BEACH MINUTES ROTr CALL INDEX FINDINGS: 1. The restaurant facility is consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That the service of the additionally proposed food items will not be detrimental to the surrounding area or increase any detrimental effect of the existing use. 3. That the waiver of development standards as they pertain to parking, setbacks, landscaping, traffic circulation, walls, parking lot illumination and underground utilities will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 4. That the proposed change in the hours of operation would be incompatible with the adjoining residential uses to the • north and east of the take -out restaurant facility. 5. That the installation of the proposed take -out window would be detrimental to pedestrian circulation along Marine Avenue and may cause sight distance problems for vehicles using the alley located at the northerly property line of the subject property. 6. That the take -out food and related plastic containers and paper goods passed through a take -out window may increase the problem of trash and litter on adjoining streets and sidewalks. 7. The approval of Use Permit No. 2099 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • -15- May 23, 1991 COMMISSIONERS MINUTES A O NIP .) CITY OF NEWPORT BEACH ROLL CALL INDEX CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan except as noted below. 2. That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code. 3. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 4. That restaurant development standards pertaining to parking, setbacks, landscaping, traffic circulation, walls, parking lot illumination, and underground utilities shall be waived. • 5. That the sidewalk on Marine Avenue shall be kept clean and regularly maintained. 6. That a take -out window on Marine Avenue shall not be permitted. 7. That Coastal Commission approval shall be obtained prior to the implementation of the approved changes in the operational characteristics of the restaurant facility. 8. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Building Code, unless otherwise approved by the Building Department and the Utilities Department. 9. That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 10. That the hours of operation shall be limited between the hours of 10:00 a.m. and 10:00 p.m. daily. -16- May 23, 1991 COMMISSIONERS 10 �� CITY OF NEWPORT BEACH xPk\ MINUTES ROTE CALL INDEX 11. That either the existing stools/benches or the counter tops be removed. 12. That deli sandwiches, hot dogs, baked potatoes, potato skins, microwave popcorn and pizza, and similar items may be permitted, in addition to the food items already permitted. However, no grills or frying equipment shall be permitted for the preparation of food items, unless an amended use permit is approved by the City. 13. That the Planning Commission may add to or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. • 14. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 15. That all trash, including compacted trash bags and recyclable containers, shall be stored within the building until the trash is picked up. 16. That the applicant shall install "no parking, no stopping, or no idling" signage along the side of the building adjacent to the alley. Said signage shall be legible to a driver when seated in a vehicle. 17. That the Planning Commission shall review the operation which is the subject of this use permit at the September 5, 1991, Planning Commission meeting. ADJOURNMENT: 9:15 p.m. Adjourn. • THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -17-