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HomeMy WebLinkAbout05/24/1984Present Absent Motion Ayes Absent FANVMN Nt" REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers ! x TIME: 7:30 p.m. DATE: pM�a�y�244, 1.9984Bey.h F Motion Ayes x x Absent 0 I* xjx x *Arrived at 8:10 p.m. EX- OFFICIO MEMBERS PRESENT James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney STAFF MEMBERS PRESENT . William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Joanne Baade, Secretary to the Mayor /Administration * * * APPROVAL OF THE MINUTES Minutes of May 10, 1984 MINUTES Motion was made for approval of the Planning Commission minutes of May 10, 1984 as written, which MOTION CARRIED. Request for Continuance Planning Director Hewicker advised that staff had origi- nally suggested that Agenda Item No. 1 (Use Permit No. 1581 (Amended) be continued to the Planning Commission meeting of June 7, 1984. He added, however, that the owner of the Red Onion Restaurant has indicated that he will not be in town on that day and has, therefore, requested that the application be continued to the Plan- ning Commission meeting of June 21, 1984. Motion was made to continue Use Permit No. 1581 (Amended) to the Planning Commission meeting of June 21, 1984, which MOTION CARRIED. inutes/ /10/84 for I r + COMNUSSIO�M] May 24,' 1984 M NffES i • Motion Ayes Absent • Ex C 0 d p x +�+� O 3� o S a X Ix i W 00 1 _!L .1 Use Permit No. 1581 (Amended) (Continued Public Bearing) Request to amend a previously approved use permit which permitted the establishment of the Red Onion Restaurant with on -sale alcoholic beverages and live entertainment so as to allow the expansion of the "net public area" for the purpose of constructing a dance floor and to allow dancing in conjunction with the existing live entertain- ment. The proposal also includes a request to pay an annual in -lieu fee to the City for all of the additional required off - street parking spaces. LOCATION: Parcel No. 1 of Parcel Map 57 -25 (Resubdivision No. 375) located at 2406 Newport Boulevard, on the easterly side of Newport Boulevard, southerly of 26th Street, on the Balboa Peninsula. ZONES: C -1 and C -2 APPLICANTS: Steve and Rick Loomis (The Red Onion), Newport Beach . OWNER: Mrs. Jean Belden, Newport Beach Planning Commission continued this agenda item to its x x meeting of June 21, 1984. -2- ism Item #1 U.P. #1581 Continued to 6 21 84 i i ROLL CALL n U am o m a May 24, 1984 Use Permit No. 3095 (Continued Public Hearing) NUWTES Request to permit the establishment of a restaurant with on -sale alcoholic beverages on property located in the retail service commercial area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to pay an annual in -lieu fee to the City so as to allow a portion of the required off - street parking spaces to be located in the Mariner's Mile Municipal Parking Lot. A modification to the Zoning Code is also requested so as to allow the use of tandem and compact parking spaces in conjunction with a valet parking service, and to waive a portion of the required landscaping within the off - street parking area, and the acceptance of an environment document. LOCATION: A portion of Lot F, Tract No. 919, located at 2800 West Coast Highway, on the northwesterly corner of West Coast Highway and Riverside Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANT: Yu -Ter Mau, Newport Beach OWNER: Francis J. Seitz, Tigard, Oregon Dennis O'Neil, 3200 Park Center Drive, Costa Mesa appeared before the Planning Commission on behalf of the.Applicant. Mr. O'Neil relayed that the Applicant and he have reviewed the staff report and are in concurrence with most of the terms and conditions contained therein. Mr. O'Neil stated, however, that there are a number of issues that the Appli- cant would like clarified by the Commission. Mr. O'Neil brought notice to the proposal for extensive improvements to the Riverside Avenue /Pacific Coast Highway intersection being recommended by staff. Mr. O'Neil stated that the principal part of said proposal is to provide for two left -turn lanes off of Pacific Coast High- way to Riverside Avenue and two right -turn lanes from Riverside Avenue to Pacific Coast Highway. Mr. O'Neil stated that this would involve an additional dedication -3- .P. 93095 • i A M r so a =3g 0 MINUTES. May 24, 1984 of 6' along Pacific Coast Highway to provide for the neces- sary 18' of right- of�way. He added that the Applicant is in agreement with the additional 6' purchase acquisition by the City; however, the Applicant is concerned with the proposed 24' corner cut -off inasmuch as it will interfere with the current design of the restaurant plans and will necessitate a total redesign thereof. Mr. O'Neil advised that the Applicant has a long -term leasehold interest in the subject property, and noted, therefore, that the Applicant does not own the underlying fee. Mr. O'Neil consequently suggested that it-may be unfair to require Mr. Mau tfee ..taMr.tO'Neildstateddthation rights from the underlying that interest in the Mr. Mau can only dedicate or convey property that is under his control. proposing that 13 Mr. O'Neil noted that staff is in- parking spaces be purchased from the City on an annual in-lieu basis. He advised that the Applicant has been requested to not permit parking in the first four spaces on his lot to,allow T stated hissbeliefcthattthe Applicant be Riverside given credit for the loss of the four parking spaces. Mr. O'Neil discussed the proposed widening Of Pacific Coast Highway and urged that the resultant sidewalk repair for the stretch of sidewalk adjacent to the oApplicant property be the responsibility of the City Beach, rather than the Applicant. Mr. O'Neil referred to Page Commission may to waive suggests that the Planning the fair -share contribution in this case it iscless than fair -share contribution for the prop for the existing service st ation. eCt'fees sand umake an the Planning Commission waive sub. additional Finding to this effect. Mr. O'Neil suggested that the Planning Commission relay its positions regarding the aforementioned item toeallowtthe then this agenda Applicant and pportunitynto further meet with staff. Applicant an o -4- I COMNUSSK)ISM May 24, 1984 MINUTES U EX C r cc° OSi"S_ 'a 3 I. o �a Mr. O'Neil commented that a number of the Applicant's friends, customers and neighbors are in the audience to support the application. In the interest of time, Mr. O'Neil advised that only a few of the individuals will address the Planning Commission this evening. In answer to a question posed by Commissioner Person, Mr. O'Neil advised that neither the Applicant nor he has had an opportunity to discuss the proposed Conditions of Approval with the property owner. Commissioner Person advised that the City has been evalu- ating the $150 -per -space annual fee currently charged for in -lieu parking spaces and questioned whether the Applicant is aware that the subject fee could increase to a greater amount. Mr. O'Neil responded that the Applicant is aware of this possibility and added that the Applicant would like the Planning Commission to waive those fees in consideration of dedicated rights -of -way. Commissioner Salalis questioned whether the Applicant has investigated the possibility of entering into an off -site parking agreement with the adjacent shopping center. Mr. O'Neil responded that this possibility has not been studied, but added that they will look into the feasi- bility of this suggestion. City Engineer Don Webb reviewed that this agenda item was continued for two weeks to enable staff to prepare a more - complete traffic analysis of the area. Mr. Webb reported that staff has been studying the Coast Highway area, utilizing data available through the environmental docu- ment prepared in connection with the widening of Pacific Coast Highway as well as the traffic phasing study associ- ated with the redevelopment of the Rosso's property. Mr. Webb reported that the 1983 traffic counts for the inter- section, which do not take into consideration the redevel- opment of the Rosan's property, produced an ICU of .79 at the intersection. He added that the 1983 traffic counts for the intersection, which take into consideration the redevelopment of the Rosso's property, produced an ICU of .9000. In addition, Mr. Webb reported that the 1984 traffic counts for the intersection, which do not take into consideration the redevelopment of the Rosso's property, produced an ICU of .89 at the intersection. -5- INDEX • a • NX r � v � m s 'a o a- a May 24, 1984 x-11 0' 1 MfNUTES Mr. Webb reviewed the developments that have been approved in the Mariner's Mile area and commented that these devel- opments alone will add 3200 trips per day to the area within the next three to four years. Mr. Webb stated that the current demands for the inter- section are significant, and pointed out that the right - turn movement from Riverside Avenue to.Pacific Coast Highway currently accommodates 450 to 500 vehicles per hour during the peak hour. He added that.the left -turn movement from Pacific Coast Highway to Riverside Avenue presently accommodates 350 to 400 vehicles per hour during the peak hour. Mr. Webb advised that the City commences investigation re installation of double turn lanes when a turn lane experiences 250 vehicles per hour. Mr. Webb opined that the installation of both the double left - turn lanes and right -turn lanes are justified, and com- mented that even with the installation of both double turn lanes, the intersection will just barely work by the year 1987. Mr. Webb referred to the wall exhibit which delineated the proposed intersection configuration and then reviewed in detail the proposal for the Riverside Drive /Pacific Coast Highway intersection. During the course of his presentation, Mr. Webb answered Commission questions relative to the major traffic genera- tors in the area. Mr. Webb commented that the post office is probably the biggest individual traffic generator in the vicinity and speculated that the post office will likely remain at this location for a lengthy period. Mr. Webb advised that approximately 400 to 500 students travel through the Riverside Avenue /Pacific Coast Highway intersection on bicycles daily. In addition, Mr. Webb discussed the high volume of pedestrian traffic experi- enced in the area and commented that this pedestriand traffic contributes to Coast Highway congestion. Mr. Webb advised that staff is recommending 1) the instal- lation of double left -turn lanes and double right -turn lanes; 2) the provision of a corner cut -off to allow sufficient room for pedestrians and bicyclists to congre- gate and to allow sufficient room for the installation of I COMMi5510NW May 24, 1984 MNJrE$ e;i x F r a it m • • 0 m a standard handicap ramp; and 3) the intersection con- figuration on display this evening. Mr. Webb stated that it is important for the subject sec- tion of Pacific Coast Highway to be widened within the next five years, so as to coincide with the completion of the widening project easterly of Bayside Drive, and the widening of Pacific Coast Highway from Newport Boulevard westerly to Huntington Beach. Mr. Webb reviewed the parking arrangements associated with area businesses. Commissioner Person noted that some of the other businesses in the area are more significant in size than this par- ticular business and voiced concern with the extraction being asked of the Applicant as opposed to other businesses in the Mariner's Mile district. In answer to a question posed by Commissioner Person, Mr. Webb stated that the Public Works staff would recommend the installation of the double left -turn lanes, rather than the double right -turn lanes, if only one of the two double - lane proposals could be accommodated. Mr. Webb reported that the City Council made the determina- tion that the right -of -way for the Pacific Coast Highway widening would be taken off of the inland side of the Highway inasmuch as the lots on the Bay side are narrower and contain less square footage than the lots on the inland side. In answer to a question by the Planning Commission as to whether the double right -turn lanes would work without the dedication of the corner cut -off, Mr. Webb advised that the Public Works Department would not recommend such a situation inasmuch as the turning radius would be only eight feet without the corner cut -off, as opposed to 35 feet with the corner cut -off. Mr. Webb opined that an eight -foot radius would be insufficient to enable cars on the inside lane to adequately maneuver the turn. -7- n 7[ c °mss r 7s p o r 0 • May 24, 1984 MINUTES Commissioner Goff brought notice to the last paragraph on Page 4 of the staff report, wherein it relays staff's opinion that the proposed parking will be adequate for the subject restaurant inasmuch as the applicant's existing restaurant has demonstrated that the parking demand is lower than other restaurants of comparable size and charac- ter. Commissioner Goff noted that the proposed restaurant would have significantly more visibility than the existing restaurant and hence suggested that the popularity of the restaurant and the associated parking demand may increase. Planning Director Hewicker opined that the degree of visibility does not have a great deal to do with the popularity of this particular restaurant. Mr. Hewicker suggested that the restaurant's popularity is due to its owners, the fact that it provides consistently well - prepared food, as well as the fact that satisfied patrons have passed the word along. Commissioner Goff stated that he has observed that the parking lot is generally full and, therefore, suggested the possibility of patrons parking elsewhere. Mr. Hewicker responded that he has visited the restaurant during the lunch hour as well as in the evening and has never experienced a problem locating a parking space in the restaurant's lot. The public hearing was opened in connection with this item and Richard Schaefer, 404 -40th Street, appeared before the Planning Commission. Mr. Schaefer commented that he leases space in the Tokai Bank Building, which is located across the street from the China Palace. Mr. Schaefer felt that it would be inequitable to require the Applicant to provide for the extensive circulation improvements being recommended by staff, and suggested that such requirements would render the property unprofita- ble. Mr. Schaefer questioned the accuracy of the traffic figures associated with peak -hour occurrences inasmuch as no distinction was made between business -hour peak and recreation -hour peak. Additionally, Mr. Schaefer voiced his concern that the circulation improvements suggested by staff would result in an increase in traffic throughout the Newport Heights residential area. IC . �c E 5 • m c an�ms • • May 24, 1984 Larry Pettet, 1632 Dorothy Lane, appeared before the Planning Commission. Mr. Pettet stated that the China Palace is a credit to Newport.Beach. In addition, Mr. Pettet advised that he has never experienced a problem parking in the restaurant's lot and opined that the widening of Pacific Coast Highway would merely move the bottleneck to another location. Mr. Pettet discussed his belief that the two right -turn lanes are unnecessary and suggested that the number of students who bicycle through the subject intersection will decrease inasmuch as school enrollment is on the decline. Qiil� Bill Fisher, 1915 Port Bristol, appeared before the Plan- ning Commission. Mr. Fisher explained that he is a regu- lar patron of the restaurant and has never experienced a problem parking in the restaurant's lot. Mr. Fisher speculated that the reason parking problems do not exist at the China Palace is because groups of people typically travel to the restaurant in one car. Mr. Fisher stated that he does not believe Riverside Avenue needs two right - turn lanes and commented that he has seen many near- accidents associated with double turn lanes. Dr. Michael Gleck appeared before the Planning Commission and stated that the China Palace and its owners are an asset to the community and consequently urged that the restaurant be permitted to expand. Brian Stapleton, 706 Avocado, appeared before the Planning Commission and stated that the need for two right -turn lanes can be eliminated by adequate timing of the traffic signals in the area. Mr. Stapleton spoke in support of the China Palace and explained that there are no parking problems associated with the restaurant and stated that the restaurant patrons are never rowdy. Howard Larsen, 407 Kings Place, appeared before the Plan- ning Commission and spoke in support of the China Palace. Mr. Larsen stated that it is unreasonable to expect the Applicant to solve the traffic problems associated with the Mariner's Mile area. Francie Hansen, 1214 Nottingham Road, appeared before the Planning Commission and urged that the China Palace be permitted to expand. -9- b 9 • Ex r May 24, 1984 nk Henry Haas, 501 -31st Commission. Mr. Has timing of the traff would eliminate the of Riverside Avenue. that the corner cut - by 10' so as to all taurant. Street, appeare as stated his bel is signals in the need for two rig In addition, M off be reduced t ow for a superior d before the Plan ief that adequate Mariner's Mile a ht -turn lanes off r. Haas suggested MINUTES Wing rea approximately 10' design of the res- Commissioner Balalis suggested that the Planning Commissiot consider means of enabling the Applicant to develop the property in a viable manner, while at the same time pro- viding for the proposed circulation system improvements. Commissioner Balalis then suggested possibilities as fol- lows: 1) That the Applicant consider redesigning the restaurant in such a manner as to net the same square footage being proposed, but at the same time allow for the. necessary circulation system improvements; 2) That in lieu of a dedication of land, that the Planning Commission consider some sort of payment for the use of the land; and 3) That the Planning Commission consider the matter of in- lieu.fees in relation to the extraction being requested of the Applicant. Chairman King commented that a to help the City-as well as the discussed his belief that the p improvements are necessary ina already operating at capacity. he would be willing to consider spaces if the corner cut -off re size of the business to make it In addition, Chairman King rela gestion to request that the App the structure. unique opportunity exists Applicant. Chairman King roposed intersection smuch as the intersection is Chairman King advised that waiving the 13 parking sults in a reduction in the economically less viable. yed his support of the sug- licant consider redesigning Commissioner Person indicated that he concurs with the suggested redesign of the restaurant, but opposes a waiver of in -lieu fees inasmuch as he felt that such an action could be precedent- setting. Commissioner Goff stated his opinion that the two left - turn lanes off of Coast Highway onto Riverside Avenue are necessary. With respect to the double right -turn lanes, Commissioner Goff questioned whether the volume of pedes- trians who cross the Highway contributes to a slow -down of.vehicles desiring to turn onto Coast Highway from Riverside Avenue and consequently creates the need for a second right -turn lane. -10- • COMMISSK)I Ml May 24, 1984 iNui E$ e;i 7c f � 3 o CO of Newport Beach w I City Engineer Webb responded that pedestrian traffic does add to area congestion n, but.added that the volume of vehicles which turn from Riverside Avenue onto Coast Highway would still warrant the installation of a second right -turn lane. With respect to possible installation of a pedestrian bridge, Mr. Webb discussed the difficulty associated with selecting a suitable location for such a bridge and commented on the significant amount of space which would be required. In addition, Mr. Webb advised that a pedestrian bri ge would necessitate an additional right- of-way acquisition to install a ramp and /or stair system. Commissioner Person noted that Mr. Mau has a leasehold interest in the property and questioned the effect of an offer to dedicate, as opposed to an actual dedication. Assistant City Attorney Gabriele gdvised that he will review the matter and will report back to the Commission. Chairman King clarified the Planning Commission's direction concerning this agenda item as follows: 1) The Planning Commission suggests that the Applicant consider the possibility of redesigning the restaurant so as to net the square footage being proposed, while at the same time accommodating the needs of the circu- lation system. If the Applicant agrees to redesign the restaurant in such a manner, it is likely that the Planning Commission will require the payment of in -lieu parking fees. 2) If the Applicant desires to maintain the existing configuration of the structure, except for reducing the floor area at the corner of the property, it is likely that the Planning Commission will waive the in -lieu parking fees inasmuch as the viability of the business will be reduced due to the required corner cut -off. 3) It is the consensus of the Planning Commission that the setbacks from Pacific Coast Highway are warranted and will probably be taken at no cost to the Applicant. The Planning Commission understands that the land- scaped area of.the restaurant will consequently have to be reduced. _11_ C NV May 24, 1984 WNRES n x 55100=0, C4 of NewWt Beach 'Pin- i CALL NM • Motion x Ayes x x Absent • Dennis O'Neil reappeared before the Planning Commission and stated that a redesign'of the structure, which would contain the same square footage being proposed and also accommodate the circulation system improvements, would likely necessitate the addition of a second story. Mr. O'Neil then discussed problems associated with a two -story restaurant. Mr. O'Neil suggested that the issue at hand could be resolved with the provision of a single right -turn lane onto Coast Highway and a reduction in the corner cut -off by approximately 50%. 'Mr. O'Neil explained.that such.plan revisions would enable Mr. Mau to build the restaurant as proposed and would also enable the City to proceed with circulation system improvements. Mr. O'Neil pointed out that if problems were to subsequently arise, the'City possesses police powers and condemnation rights to address such problems. Commissioner Balalis discussed various design possibilities for the structure. Commissioner Goff.noted that if the building.were to be redesigned as a single -story structure with the same square footage currently proposed, the number of on -site parking spaces would obviously be diminished. In addition, Commis- sioner Goff noted that the parking demand for this particu- lar restaurant appears to be less than typical and further noted that lunch -time parking demand is generally less than evening parking demand. In addition, Commissioner Goff advised that he would be willing to waive a portion of the required parking spaces to offset lost square footage due to the corner cut -off during the restaurant's day -time hours of operation. During evening hours of operation, however, Commissioner Goff felt that those parking spaces should be offset by an off -site agreement with the shopping center located behind the property. Commissioner Goff stated his opinion that the restaurant employees should still be required to park off -site at the municipal lot and indicated a willingness to.waive the related in -lieu fees. Motion was made to continue this agenda item to the Plan- ning Commission meeting of June 21, 1984, which MOTION CARRIED. Planning Commission recessed at 9:20 p.m. and reconvened at 9:30 p.m. * s -12- x r� s °sue xo r �J • May 24, 1984 71 t -•. 1 MINUTES Use Permit No. 1865 (Amended) (Public Hearing) Request to amend a previously approved use permit that permitted B. J. Grunt's Restaurant facility with on -sale beer and wine in the C -1 District, so as to add a take -out window on the Main Street side of the restaurant use. LOCATION: Parcel No. 1 of Parcel Map 130-50 (Resubdivision No. 589) located at 106 Main Street, on the easterly side of Main Street, between East Balboa Boulevard and East Ocean Front, in Central Balboa. ZONE: C -1 APPLICANT: . Bristol Restaurants, El Toro OWNER: Four Sails, Balboa The public hearing was opened.in connection with this item and Bill Cunningham, 106 Main Street, appeared before the Planning Commission on behalf of the Applicant. Mr. Cunningham explained that B. J. Chicago Pizzeria currently operates a carry -out service from inside the restaurant, which creates congestion in the entry -way of the restaurant due to the presence of carry -out customers as well as customers who plan to dine inside the restaurant Mr. Cunningham advised, therefore, that the Applicant pro- poses to utilize the currently existing take -out window so as to rectify congestion problems associated with the interior of the restaurant. During the course of his presentation, Mr. Cunningham commented that bicycles, skateboards and roller skates are prohibited on Main Street and relayed his belief that the utilization of a take -out window will not cause area con- gestion. Mr. Cunningham commented that the restaurant has provided an improvement to the area and pointed out that the restaurant has provided park benches, which he felt are used more often by the general public than restaurant patrons. Mr. Cunningham voiced his concurrence with the Findings and Conditions of Approval recommended by staff. -13- INDEX Item #3 U.P. #1865 Denied Motion • COMAWWONW51 May 24, 1984 MINUTES i� Substitute Motion Ayes Nays Absent • C a m e �fa}�t pa Commissioner Goff noted that a congestion problem does exist in the area and stated that he has personally observed bicycles on the Main Street sidewalk -- including bicycles lying on said sidewalk. Mr. Cunningham responded that the existence of bicycles at the subject location is not a desirable situation for the Applicant. $e added that he can't stop individuals from riding their bicycles in this area or stop them from parking their bicycles in the vicinity. Mr. Cunning- ham stated, however, that he can stop individuals from lying their bicycles on the sidewalk, which he believes causes an obstruction of traffic. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for Approval of Use Permit No. 1865. (Amended), subject to the Findings and Conditions contained in Exhibit "A ". Commissioner Person stated that he will not support the motion on the floor. Be pointed out that a congestion problem exists on the area sidewalk and relayed that a take -out window would further add to that congestion problem inasmuch as patrons would be relocated from the inside of the restaurant to the Main Street sidewalk. In addition, Commissioner Person voiced his concern with the setting of a precedent which would result in a prolifera- tion of take -out windows in the Peninsula area. Commissioner Balalis concurred with the remarks made by Commissioner Person and stated that a take -out window would create additional problems in an area that experi- ences significant congestion, particularly during the x summer months and on weekends. Therefore, substitute motion was made for denial of Use Permit No. 1865 (Amended; subject to the Findings contained in Exhibit "B ", which x x MOTION CARRIED. x x Findings 1. That the installation of the proposed take -out window will be detrimental.to pedestrian circulation on Main Street. -14- I' �� May 24, 1984 MICTES 0 • #. • e it f � Zia a` 2 X a 91 M or j 2. That the take -out food and related.plastic containers and paper goods may increase the problem of trash and litter on adjoining streets, sidewalks and the beach. 3. The approval of Use Permit No. 1865 (Amended) will, 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of.the City. Use Permit No. 2081 (Amended) (Public Hearing) Request to change the operational characteristics of an existing take -out restaurant (i.e., Rib -Stak Bar B.Q. Co.), on property located in the commercial area of the Newport Shores Specific Plan Area, so as to add the incidental service of on -sale beer and wine in conjunction with the restaurant operation. LOCATION: Lots 7 and 8, Block 2, Seashore Colony Tract Addition, located at 213 62nd Street, Unit A on the southwesterly corner of 62nd Street and Newport Shores Drive, in the Newport Shores Specific Plan Area. ZONE: SP -4 APPLICANT: Rib -Stak Bar B.Q. Co:, Newport Beach OWNER: Creative Ways, Inc., Costa Mesa The public hearing was opened in connection with this item and Norm Steckler, Owner of the Rib -Stak Bar B.Q. Co.,appeared before the Planning Commission and concurred with the Findings and Conditions of Approval recommended in the staff report. -15- Item ti4 U.P. #2081 Approved Condi- tionally Motion Ayes Absent 11 • A � X =l_ May 24, 1984 r loll There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Use Permit No. 2081 (Amended), subject to the Findings and.Conditions c in Exhibit "A ", which MOTION CARRIED. Findings: 1. That the proposed use is consistent with the Land Use Elements of the General Plan and the Adopted Local Coastal Program, and is compatible with sur- rounding land uses. 2. The project will not have any significant impact. MINUTES 3. That the proposed change in the operational character- istics of the existing take -out restaurant, so as to include the service of beer and wine as an incidental use, will not increase the parking demand of the res- taurant. 4. That the Police Department has no objections to this request, providing that the sale of beer and wine is incidental to the service of food. 5. The approval of Use Permit No. 2081 (Amended) will not under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to propert) or improvements in the neighborhood or the general welfare of the City. Conditions: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That the parking lot shall be lighted in such a manner as to provide adequate illumination to all areas of the lot without causing any light or glare to impact adjacent properties. -16- y CCM AAESONW5 May 24, 1984 MIIaJTES A C Z : C C g;g V O X 2 • M I 3. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 5. That the two restaurant employees shall park on site during evening hours of the day. 6. That the seating capacity shall not exceed 29 persons, or what is permitted by the Fire Department, whichever is less. 7. That thw subject restaurant shall not be open to the public before 11:00 a.m. or after 10:00 p.m. daily. 8. That no off -sale beer, wine, or other alcoholic beverages shall be permitted in conjunction with the restaurant. 9. That the on -sale service of beer and wine shall be incidental to the primary food service operation of the restaurant. 10. That the Planning Commission may add or modify condi- tions of approval to this use permit, or recommend to the City Council the revocation of this use per- mit, 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. 11. That a minimum of four on -site parking spaces shall be provided for the subject restaurant. 12. That the original Use Permit No. 2081 shall become null and void in conjunction with the approval of this application. -17- . i 0 • F Motion Ayes Absent r1 u M1VVMR AM3%3 May 24, 1984 E$ A � m £ z a 3 -e i City Of ���w•� t Beach a : o " 3` 1`r VI � vlCtlr`JIJ� ix Use Permit No. 3009 (Amended) (Public Hearing) Request to amend a previously approved use permit that permitted the service of beer and wine in conjunction with an existing restaurant in the C -O-Z District. The proposal includes the expansion of the interior dining area and the addition of an outdoor dining area to the existing restaurant facility. LOCATION: Parcel No. 1 of Parcel Map 6939 -90, 91 (Resubdivision No. 179) located at 2931 East Coast Highway, on the southwesterly side of East Coast Highway between Iris Avenue and Heliotrope Avenue, in Corona del Mar. ZONE: C -O-Z APPLICANT: Anup Mohindra, Diamond Bar OWNER: James D. Ray, Costa Mesa The public hearing was opened in connection with this item and Anup Mohindra, Applicant, 2931 East Coast Highway, appeared before the Planning Commission and concurred with the Findings and Conditions recommended in the staff report. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Use Permit No. 3009 (Amended), subject to the Findings and Conditions con- tained in Exhibit "A ", which MOTION CARRIED. Findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Plan, Land Use Program and is compati- ble with surrounding land uses. 2. The project will not have any significant environ- mental impact. -18- Item #5 U.P. #3009 Approved Condi- tionally A x r c • m • • May 24, 1984 M a NNUTES 3. The Police Department has indicated that they do not anticipate any problems. 4. That there is adequate expanded on -site parking for the proposed restaurant use. 5. The approval of Use Permit No. 3009 (Amended) will not under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be.detrimental or injurious to propert or improvements in the neighborhood or the general welfare of the City. Conditions: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all mechanical equipment and trash areas for this restaurant shall be screened from adjoining properties and from adjoining streets. 3. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 4. That the restaurant employees shall park on site during all hours of operation. 5. That a minimum of one parking space for each 48 sq. ft. of "net public area" shall be provided on site for the subject restaurant. 6. That the subject restaurant shall not be open after 11:00 p.m. daily. .7. That the striping plan for the on -site parking area shall be subject to further review and approval by the City Traffic Engineer. 8. That the expanded restaurant facility, including the outdoor patio area in front of the restaurant, may be used for dining and drinking purposes, to include the service of incidental beer and wine with meals. -19- e x n U • May 24, ,1984 M it I MINUTES 9. That no off -sale service of alcoholic beverages shall be permitted. 10. That the Planning Commission may add or modify condi- tions of approval to this use permit, or recommend to the City Council the revocation of.this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. Use Permit No. 3098 (Public Hearing) Request to remodel and expand an existing, nonconforming duplex in the C -1 District. The proposed development also includes the construction of a cupola that exceeds the height limit in the 26135 Height Limitation District. LOCATION: Lot 25, Block 9, Section 1 of the Balboa Island.Tract, located at 124 Agate Avenue on the easterly side of Agate Avenue between Park Avenue and South Bay Front, on Balboa Island. ZONE: C -1 APPLICANTS: Julie and John Peterson, Balboa Island OWNERS: Same as applicants The public hearing was opened in connection with this item and John Peterson, Applicant, 124 Agate appeared before the Planning Commission. Mr. Peterson discussed the background of the application, advising that the City granted a use permit for an identical proposal in 1981; however, that permit has since expired. Mr. Peterson then discussed his concern with Condition No. 8, which relates.to the provision of individual sewer lateral and water service connections. -20- e • Motion Ayes Absent • t May 24, 1984 MWUTES � x � m Beach n x O i City of } Beach i 3: b o M (� xi x City Engineer Webb responded that the City's standard practice is to request separate dwelling units to.-have separate water and sewer connections because of the possi- bility of the units being converted to condominiums at a later date. Mr. Webb explained the advantages of separate connections and commented that if the duplex were to be constructed without separate connections; it would be extremely costly to separate those connections if the units were subsequently converted to condominiums. Mr. Peterson responded.that he has no plans for a condo- minium conversion and suggested the possibility of the Planning Commission imposing a condition which would require the separation of sewer and water connections if the units were to be converted to condominiums. Commissioner Balalis suggested the possibility of one sewer lateral being installed from the City connection to the property line, and then branching off into separate laterals for each of the two dwelling units. Commissioner Balalis noted that the water connections can be installed in this same fashion. It was noted that such arrangements would enable a condominium conversion to take place at a lesser cost. Mr. Peterson concurred with Commissioner Balalis' sugges- tion. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Use Permit No. 3098, sub- ject to the Findings and Conditions contained in Exhibit "A ", which MOTION CARRIED. Findings: 1. That the project will not have any significant ecrviron- mental impact. 2. With the exception of the minor encroachments into the front and rear setbacks, the proposed development meets or exceeds all of the development standards of the C -R District. -21- A x few 1 L May 24, 1984 M ,I MINUTES 3. That the expanded residential duplex is an approved use in the C -1 District subject to the securing of the subject use permit. 4. That the approval of this project with only two off - street parking spaces will not, under the circum- stances of this particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the persons residing or working In the neighborhood of such proposed use or be detri- mental or injurious to property and improvements in the neighborhood or the general welfare of the City. 5. That the existing deck encroachment into the required 10 -foot rear yard setback is minor in nature and will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detri- mental or injurious to property and improvements in the neighborhood or the general welfare of the City. 6. That the height of the proposed architectural features, in excess of the basic height limit, will not be objectionable to surrounding property owners and are reasonable additions to the structure as they relate to the architectural style of the building. 7. The Police Department has indicated that they do not contemplate any problems. The approval of Use Permit No. 3098, 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 neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: That development shall be in substantial conformance with the approved plot plan, floor plans, elevations, and sections except as noted below. -22- i i E e �c f I- 5 as vioa7cp= �$ ILIaR May 24, 1984 MINUTES 2. That two on -site parking spaces.shall be provided for the proposed project and.that said parking spaces shall be designed in accordance with the City's resi- dential parking standards. 3. That the proposed development.shall . be limited to two dwelling units. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That all vehicular access be provided from the adjacent alley. 6. That.the existing drive apron on Agate Avenue be removed and replaced with curb, gutter, and sidewalk and that all work be completed under an encroachment permit issued by the Public Works Department. 7. That a standard subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit prior to completion of the public improvements. 8. That individual sewer lateral and water service con- nections to each unit shall be further reviewed by the Public Works Department. -23- 4 C � � 5 2 g4 s X o= 2 • Motion Ayes Absent • May 24, 1984 W :003 M Resubdivision No. 778 (Public Hearing) NNUrES Request to resubdivide three existing lots into two parcels for single - family or two - family residential development on property located in the R -1.5 District. An exception to the Subdivision Code is also requested so as to allow the creation of two interior parcels that are less than 50 feet wide and less than 5,000 sq. ft. in area. LOCATION: Lots Nos. 3, 4 and 5, Block 4, Sec- tion 5, Balboa Island, located at 1804 South Bay Front, on northerly side of South Bay Front, between East Bay Front and Jade Avenue, on Balboa Island. ZONE: R -1.5 APPLICANT: Jerome H. Thompson, Riverside OWNER: Same as applicant ENGINEER: Duca- McCoy, Inc., Corona del Mar The public hearing was opened in connection with this item and Jerome H. Thompson, Applicant, 5175 Myrtle Street, Riverside, appeared before the Planning Commission and concurred with the Conditions of Approval recommended by staff. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval'of Resubdivision No. 778, subject to the Findings and Conditions contained in Exhibit "A ", which MOTION CARRIED. Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. -24- A F Sc r c $3�iX 00 0 • May 24,. 1984 MINUTES 2. That the proposed reaubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the .proposed subdivision. 4. That the proposed reaubdivision will not have any significant environmental impact. 5. That the provision for coastal public access in con- junction with the proposed resubdivision is not appl, able inasmuch as adequate access exists nearby. 6. That if the exception were denied; the petitioner would be deprived of a substantial property right enjoyed by others in the area. 7. That the granting of this exception is compatible with the objectives of the regulations governing light, air and the public health, safety, convenience, and general welfare. 8. That the granting of an exception to the Subdivision Code will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is located. Conditions; 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Depar ment in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to com- pletion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. -25- n 7c. X $ m C 33 • • May 24, 1984 M AMNUTES 5. That the displaced sidewalk be reconstructed along the South B,ay Front frontage under an encroachment permit issued by the Public Works Department. 6. That all vehicular access to the property be from the adjacent alley. 7. That prior to the issuance of any Building Permits, the applicant shall pay Pair -Share for circulation system improvements and noise walls. Resubdivision No. 779 (Public Hearing) Request to establish one building site and eliminate an interior lot line where portions of two lots presently exist so as,to.allow the construction of a multiple use development on property located in the Mariner's Mile Specific Plan Area. LOCATION: Portions of Lots G and H, Tract No. 919,'located at 2901 West:Coast Highw on the southerly side of West Coast Highway, between Riverside Avenue and Newport Boulevard in Mariner's Mile. ZONE: SP -5 APPLICANT: Senator D.G. Anderson, Honolulu OWNER: Same as applicant ENGINEER/ ARCHITECT: Lancor Architects, Del Mar The public hearing was opened in connection with this item and Senator Anderson, Applicant, appeared before the Planning Commission. Senator Anderson explained that this resubdivision request conforms with Condition No. 89 of Use Permit No. 3086, which was approved by the Planning Commission on April 19, 1984. -26- CCAfAJSSK)?4ERSJ May 24, 1984. MINUTES p 7C m v'�ISaxpS a it Motion Ayes Absent n U n U In There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Resubdivision No. 779, subject to the Findings and Conditions contained in Exhibit "A ", which MOTION CARRIED. Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Conditions: 1. That a parcel map be filed. 2. That all conditions of Use Permit No. 3086 be 3. That all improvements be constructed as required by ordinance and the Public Works Department. _Y7_ COMA May 24, 1984 ibQi TE$ Ic r. S City of t Beach R51 M71 ice(. 0 r 1 U Final Map of Tract No. 11604 (Discussion) Request to approve a Final Map of Tract No. 11604 being a portion of the Tentative Map of Tract No. 11604, subdi- viding 6.947 acres of land into seven lots for residential condominium purposes. LOCATION: A portion of Tract No. 11041, located on the southeasterly corner of Bison Avenue and Jamboree Road, commonly known as Belcourt Area 8, of the Aeronutronic Ford Planned Community. ZONE: P -C APPLICANT: J.M. Peters Company, Newport Beach OWNER: Same as applicant ENGINEER: Van Dell and Associates,.Irvine = Final Map of Tract No. 12164 (Discussion) Request to approve a Final Map of Tract No. 12164 being a portion of the Tentative Map of Tract No. 11604 subdi- viding 4.530 acres of land into 4 lots for residential condominium purposes and l lot for private recreational purposes. LOCATION: A portion of Tract No. 11041, located on the southeasterly corner of Bison Avenue and Jamboree Road, commonly known as Belcourt Area 8, of the Aeronutronic Ford Planned Community. ZONE: P -C APPLICANT: J.M. Peters Company, Newport Beach OWNER: Same as applicant ENGINEER: Van Dell and Associates, Irvine -28- Motiorl Ayes 7 Absent, • • x Ex n S a D May. 24, 1984 M Agenda Items Nos. 9 and 10 were discussed concurrently because of their relationship. MINUTES Bob Trapp, of the J.M. Peters Company, appeared before the Planning Commission and stated that he has no questions on the staff report. Motion was made for approval of Final Map of Tract No. x 11604 and approval of Final Map of Tract No. 12164, sub- ject to the Findings and Conditions contained in Exhibit "A ", which MOTION CARRIED. FINAL MAP OF TRACT NO. 11604 Finding 1. That the proposed Final Map substantially conforms with the Tentative Map and with all changes permitted and all requirements imposed as conditions to its acceptance. Conditions: 1. That all.remaining conditions of the Tentative Map of Tract No. 11604 as approved by the City Council on October 24, 1983 be fulfilled. 2. Thaf the approved street names shall be indicated on the recorded map. FINAL MAP OF TRACT NO. 12164 Finding: 1. That the proposed Final Map substantially conforms with the Tentative Map and with all changes permitted and all requirements imposed as conditions to its accep- tance. -29- • C0M NTjk I0f�S� May 24, 1984 MINUTES EX f yy s 'oRo �7Cpv e z Conditions: „1. That all remaining conditions of the Tentative Map of Tract No. 11604 as approved by the City Council on October 24, 1983 be fulfilled. 2. That the approved street names shall be indicated on the recorded map. Amendment No. 607 (Public Hearing) Item #11 Request to amend the Newport Place Planned Community D_is- Amendment trict Regulations so as to establish a specific limit on No. 607 hotel rooms for Hotel Sites IA and 1B, and the acceptance • of an environmental document. Approved LOCATION: Parcel 1 and 2 of Parcel Map 40 -11 (Resubdivision No. 483 located at 4545 MacArthur Boulevard,.bounded by Mac- Arthur Boulevard, Birch Street and Corinthian Way, in the Newport Place Planned Community. ZONE: P -C OWNER: Bay Colony Property Company, Inc., Boston, Massachusetts INITIATED BY: The City of Newport Beach Planning Director Hewicker explained that Amendment No. 607 is a proposal, initiated by the City of Newport Beach, to establish a specific limit on hotel rooms within the Newport Place Planned Community District. Mr. Hewicker explained that this proposal results from direction given by the Planning Commission to staff at the time of approva of the second expansion of the Sheraton Hotel. I I I I f The public hearing was opened in connection with this item Iand there being no one desiring to appear and be heard, the public hearing was closed. -30- I .-,. May 24, 1984 MMES s� A a a Pt eo O f C: t Beach C ROLL CALL MDEX . Motion Ayes Absent r� U 0 x 18 In answer to a question posed by Commissioner Person, staff reported that the Sheraton Hotel had been notified of this public hearing and has relayed no communication to the City relative to the proposal. Motion was made that the Planning Commission accept the Environmental Document and approve Amendment No. 607, subject to the Findings contained in Exhibit "A ", which MOTION CARRIED. ENVIRONMENTAL DOCUMENT Findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 2. The project will not have any significant environmental impact. AMENDMENT NO. 607 Findings: 1. That the project will not result in any additional development within the Newport Place Planned Community. 2. That the hotel room limit will clearly define future hotel development rights in the Newport Place Planned Community. There being no further business, the Planning Commission adjourned at 10:05 p.m. James Person, Secretary Newport Beach City Planning Commission -31-