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HomeMy WebLinkAbout06/19/1986WAISSIONERS REGULAR PLANNING PLACE: TIME: COMMISSION MEETING MINUTES City Council Chambers 7:30 p.m. . 7 X L21 C o = a 9 z c m Z Z DATE: June, 19, 1986 a m �= w o X 0 0 M a z p= T m City of Newport Beach Present lxlxlxl 111 xl All Planning Commissioners were present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Patricia Temple, Environmental Coordinator Donald Webb, City Engineer Dee Edwards, Secretary � * r Minutes of June 5, 1986: Minutes of Reference was made to page 43, paragraph 3, of the 6 -5 -86 subject Planning Commission Minutes whereby the statement "Commissioner Goff directed staff....." had Approved been modified to read "The Planning Commission directed Motion x staff...... ". Motion was made to approve the June 5, All Ayes 1986, Planning Commission Minutes, as amended. Motion voted on, MOTION CARRIED. x Request for Continuance: Request for James Hewicker, Planning Director, stated that staff is Continuance recommending Item No. 6, Use Permit No. 3205, Milano's Pizza Restaurant, Balboa Fun Zone, be continued to the Motion x Planning Commission Meeting of July 24, 1986. Motion Ayes x x x voted on, MOTION CARRIED. Abstain * • x Final Map of Tract No. 12271 (Discussion) Item No.l Request to approve a Final Map of Tract No. 12271 so as FTM12271 to subdivide 26.9 acres of land into 159 numbered lots . for detached single family development; one lettered Approved lot for private recreational purposes; seven lettered lots for private open space and landscape purposes; and six lettered lots for private street purposes. COMPIAISSIONERS MINUTES xx s _ June 19, 1986 _ v , y m 2 c m q m 2 S Z M p; O O 9 z A= T m (City of Newport Beach p ROLL CALL 1111111 TiNDEX LOCATION: Portions of Blocks 51 and 57 of Irvine's Subdivision on property generally bounded by MacArthur Boulevard, Bison Avenue, Camelback Street, Jamboree Road and University Drive (Extended), commonly known as Area 5 of the North Ford Planned Community. ZONE: P -C APPLICANT: Donald L. Bren Company, Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams Streeter, Irvine The discussion was opened in connection with this item, and Ms. Linda Lee, representing the applicant, appeared before the Planning Commission. Ms. Lee stated that the applicant concurs with the finding and condition I I I I I I I contained in Exhibit "A ". The discussion was closed at this time. Motion I I I I I x I I Motion was made to approve the Final Map of Tract No. All Ayes 12271, subject to the finding and condition in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDING: 1. That the proposed Final Map substantially conforms with the Tentative Map of Tract No. 12271 and all conditions imposed in conjunction with the app- roval of the Tentative Map. CONDITION: 1. That all conditions of the Tentative Map of Tract No. 12271, as .approved by the City Council on April 28, 1986 shall be fulfilled. -2- • Motion All Ayes • x MINUTES June 19, 1986 of Newport Beach General Plan Amendment 86 -2 (A) (Public Hearing) Request to amend the Circulation Element of the Newport Beach General Plan for MacArthur Boulevard between Ford Road and Route 73, and the acceptance of an environ- mental document. y INITIATED BY: The City of Newport Beach Ms. Patricia Temple, Environmental Coordinator, stated that subsequent to the staff report, a letter has been received from Shute, Mihaly & Weinberger, Attorneys representing SPON (Stop Polluting Our Newport) dated June 16, 1986. She commented that several comments were written regarding the reliance of the Environmental Impact Report prepared for General Plan Amendment 85 -1(B) as the Environmental Document for the subject item. Ms. Temple advised that included in the subject staff report is a detailed Initial Study which assesses the adequacy of the Environmental Impact Report for the project, and staff has made a recommendation to the Planning Commission that the Environmental Impact Report is adequate for the consideration of this project. Ms. Temple cited a detailed response to the subject letter will be prepared and will be considered by the City Council prior to certification of the Environmental Document as the Environmental Impact Report for this project. Commissioner winburn commented that she was absent at the Planning Commission Meeting of May 22, 1986, to vote on General Plan Amendment 85 -1(B); however, she pointed out that she would be capable of voting on this item because she has read Volume 4 of the Environmental Impact Report and the subject Amendment results from information derived from that EIR. The public hearing was opened in connection with this item, and because no one came forward to be heard, the public hearing was closed at this time. Motion was made to recommend to the City Council, General Plan Amendment 86 -2(A), (Resolution No. 1143) . Motion voted on, MOTION CARRIED. * x -3- Item No.2 GPA86 -2(A) Approved xx c o 0 x _ C T M 2 c m > m Z 9 9= r P x a M Z o Z 0 0 M m 0 O g D T T _ x 2 9 E T T x MINUTES June 19, 1986 of Newport Beach General Plan Amendment 86 -2 (A) (Public Hearing) Request to amend the Circulation Element of the Newport Beach General Plan for MacArthur Boulevard between Ford Road and Route 73, and the acceptance of an environ- mental document. y INITIATED BY: The City of Newport Beach Ms. Patricia Temple, Environmental Coordinator, stated that subsequent to the staff report, a letter has been received from Shute, Mihaly & Weinberger, Attorneys representing SPON (Stop Polluting Our Newport) dated June 16, 1986. She commented that several comments were written regarding the reliance of the Environmental Impact Report prepared for General Plan Amendment 85 -1(B) as the Environmental Document for the subject item. Ms. Temple advised that included in the subject staff report is a detailed Initial Study which assesses the adequacy of the Environmental Impact Report for the project, and staff has made a recommendation to the Planning Commission that the Environmental Impact Report is adequate for the consideration of this project. Ms. Temple cited a detailed response to the subject letter will be prepared and will be considered by the City Council prior to certification of the Environmental Document as the Environmental Impact Report for this project. Commissioner winburn commented that she was absent at the Planning Commission Meeting of May 22, 1986, to vote on General Plan Amendment 85 -1(B); however, she pointed out that she would be capable of voting on this item because she has read Volume 4 of the Environmental Impact Report and the subject Amendment results from information derived from that EIR. The public hearing was opened in connection with this item, and because no one came forward to be heard, the public hearing was closed at this time. Motion was made to recommend to the City Council, General Plan Amendment 86 -2(A), (Resolution No. 1143) . Motion voted on, MOTION CARRIED. * x -3- Item No.2 GPA86 -2(A) Approved COMMISSIONERS MINUTES C� C °v = June 19, 1986 M a m z c m o m z C z N a a o o M a m City of Newport Beach z a; A R CALL INDEX A. Site Plan Review No. 37 (Revised) (Public Hearing) Item No.3 Request to permit the construction of a commercial SPR No.37 building and related off - street parking spaces on property located in "Retail and Service Commercial" 'TS District of the Mariner's Mile Specific Plan Area. The proposal also includes a modification to the Zoning 8799 Code so as to allow the use of compact parking spaces for a portion of the required off - street parking Approved spaces; and the acceptance of an environmental docu- ment. Y MIP B. Traffic Study (Public Hearing) Request to approve a traffic study in conjunction with the development of a 6,740 sq.ft. retail commercial building in the Mariner's Mile Specific Plan Area. • ( I I ( ( I ( AND C. Resubdivision No. 799 (Public Hearing) Request to resubdivide three existing lots and a portion of a vacated alley so as to eliminate interior property lines and create a single building site for retail commercial and off- street parking purposes, on property located in the Mariner's Mile Specific Plan Area. LOCATION: Lots 7, 8 and 9, Tract No. 1133, and a portion of a vacated alley located at 150 Riverside Avenue, on the southeasterly corner of Riverside Avenue and Avon Street, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Joseph H. Lancor, San Diego OWNER: Harbor Lights Hui, East Irvine ENGINEER: Joseph H. Lancor Architects, Inc., Sari • Diego -4- COMMISSIONERS MINUTES a0 c o June 19, 1986 x y v v m Z c m y m Z = 0 0 3 0 0 M = = T m `City of Newport Beach R L CALL INDEX In reference to the subject staff report, page 6, Ms. Patricia Temple, Environmental Coordinator, pointed out two errors to be corrected as follows: NIGHT USE: 2901 W. Coast Highway should be 186 parking spaces; and 150 Riverside Avenue should be 46 parking spaces, totalling 232 parking spaces. The public hearing was opened in connection with this item, and Mr. Joseph Lancor, applicant and architect, appeared before the Planning Commission. Mr. Lancor commented that the owner has presented the proposed project before civic groups in the area. Mr. Lancor stated that he concurs with the findings and conditions in Exhibit "A ". Ms. Marian Rail, 426 San Bernardino Avenue, appeared before the Planning Commission on behalf of the Newport Heights Community Association. Ms. Rail stated that the meeting between the members of the Newport Heights Community Association and the applicant was very . effective, and that the Association has no objections to the proposed development. The public hearing was closed at this time. Motion x Motion was made to approve Site Plan Review No. 37 All Ayes (Revised) , the Traffic Study, and Resubdivision No. 799, subject to the findings and conditions in Exhibit "A ". Chairman Person complimented the applicant and the Newport Heights Community Association for their cooperation in producing a plan that was agreeable for the business and residential communities. Motion voted on, MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT: FINDINGS: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA) , the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on Isthis project. 3. The project will not have any significant environ- mental impact. -5- COMMISSIONERS MINUTES FTNDTMCq- 1. That the proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed development is a high - quality pro- posal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 4. The proposed development does not adversely affect • the public benefits derived from the expenditures of public funds for improvement and beautification of street and public facilities within the area. 5. The proposed development will not preclude the attainment of the specific area plan objectives stated in the Land Use Element of the General Plan. 6. The proposed development is consistent with the conditions imposed by the Planning Commission and City Council in conjunction with the approval of Use Permit No. 3086. 7. That the combined floor area ratio of the proposed retail building and the development at 2901 W. Coast Highway will not exceed .8 times the combined buildable areas of the two sites. 8. The proposed number of compact car spaces is within limits generally accepted by the Planning Commission relative to previous similar applica- tions. 9. That the establishment, maintenance of operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort 10 G o June 19, 1986 I 2 c C 9 m> r v m m Z W a z p= T m City of Newport Beach R LL CALL INDEX B. Site Plan Review No. 37 (Revised) (with Modifica- FTNDTMCq- 1. That the proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed development is a high - quality pro- posal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 4. The proposed development does not adversely affect • the public benefits derived from the expenditures of public funds for improvement and beautification of street and public facilities within the area. 5. The proposed development will not preclude the attainment of the specific area plan objectives stated in the Land Use Element of the General Plan. 6. The proposed development is consistent with the conditions imposed by the Planning Commission and City Council in conjunction with the approval of Use Permit No. 3086. 7. That the combined floor area ratio of the proposed retail building and the development at 2901 W. Coast Highway will not exceed .8 times the combined buildable areas of the two sites. 8. The proposed number of compact car spaces is within limits generally accepted by the Planning Commission relative to previous similar applica- tions. 9. That the establishment, maintenance of operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort 10 r: • MINUTES June 19, 1986 of Newport Beach and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City, and further that the proposed modi- fication to provide a portion of the required parking as compact spaces is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations and section, except as may be noted below. 2. That a minimum of ten percent (10 %) of the paved parking area shall be devoted to minimum three foot wide landscape planters. 3. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to occupan- cy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 4. The landscape plan shall be subject to review of the Parks, Beaches and Recreation Department, and the approval of the Planning and Public Works Departments. 5. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 6. The landscape areas system designed to overwatering. 7. That any proposed public right -of -way Works Department. shall be irrigated with a avoid surface runoff and landscaping adjacent to the be approved by the Public -7- x x ca x _ v p y m z c m y m z m D = r x C z Z w o! 0 0 0 X vo m 1 Z 2 z r m r: • MINUTES June 19, 1986 of Newport Beach and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City, and further that the proposed modi- fication to provide a portion of the required parking as compact spaces is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations and section, except as may be noted below. 2. That a minimum of ten percent (10 %) of the paved parking area shall be devoted to minimum three foot wide landscape planters. 3. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to occupan- cy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 4. The landscape plan shall be subject to review of the Parks, Beaches and Recreation Department, and the approval of the Planning and Public Works Departments. 5. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 6. The landscape areas system designed to overwatering. 7. That any proposed public right -of -way Works Department. shall be irrigated with a avoid surface runoff and landscaping adjacent to the be approved by the Public -7- PAISSIONERS is • MINUTES June 19, 1986 of Newport Beach 8. That a minimum of one parking space for each 250 sq.ft, of gross floor area shall be provided for the proposed development. 9. Handicapped and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. The number and location of the handicapped spaces shall be determined by the Building Official and the Traffic Engineer. 10. The layout of the surface and structure parking, vehicular circulation, and pedestrian circulation shall be subject to further review and approval of the City Traffic Engineer. 11. That employees of the retail facility shall park their automobiles in the subterranean parking garage so that the surface parking spaces will be available for the use of customers of the retail facility. 12. That all parking spaces on the site, which are not required spaces for the proposed retail building, shall be available to employees of the project at 2901 West Coast Highway. 13. That prior to the issuance of a grading or build- ing permit, the applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity to a combined floor area limitation of 0.80 times the buildable area of the two sites, known as 2901 West Coast Highway and 150 Riverside Avenue, in consideration for the granting of Use Permit No. 3086, which allows the structure at 2901 West Coast Highway to exceed the basic height limit. This Covenant shall continue in effect until such time as the Newport Beach Planning Commission, or the City Council on review, authorizes additional develop- ment beyond this limitation by the approval of a use permit. 14. That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if .located adjacent to the vehicular ingress and egress. \� X C o f a v m v Z c m y m z m a a Z r 0 x C z N O i 0 0 W m O m a r r Z 9 Z a Z* m is • MINUTES June 19, 1986 of Newport Beach 8. That a minimum of one parking space for each 250 sq.ft, of gross floor area shall be provided for the proposed development. 9. Handicapped and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. The number and location of the handicapped spaces shall be determined by the Building Official and the Traffic Engineer. 10. The layout of the surface and structure parking, vehicular circulation, and pedestrian circulation shall be subject to further review and approval of the City Traffic Engineer. 11. That employees of the retail facility shall park their automobiles in the subterranean parking garage so that the surface parking spaces will be available for the use of customers of the retail facility. 12. That all parking spaces on the site, which are not required spaces for the proposed retail building, shall be available to employees of the project at 2901 West Coast Highway. 13. That prior to the issuance of a grading or build- ing permit, the applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity to a combined floor area limitation of 0.80 times the buildable area of the two sites, known as 2901 West Coast Highway and 150 Riverside Avenue, in consideration for the granting of Use Permit No. 3086, which allows the structure at 2901 West Coast Highway to exceed the basic height limit. This Covenant shall continue in effect until such time as the Newport Beach Planning Commission, or the City Council on review, authorizes additional develop- ment beyond this limitation by the approval of a use permit. 14. That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if .located adjacent to the vehicular ingress and egress. \� MINUTES INDEX 15. That all conditions of Resubdivision No. 799 shall be fulfilled. 16. Prior to the issuance of grading or building permits for construction at 150 Riverside Avenue, the Planning Department shall approve a phasing plan for construction of this site and the project at 2901. W. Coast Highway. The phasing plan shall address the following items: a) The provision of off - street parking on the Riverside Avenue site for the use of persons involved in the construction of the building located at 2901 West Coast Highway site; and b) The provision of off - street parking on the Riverside Avenue site for employees of the project at 2901 West Coast Highway upon completion of construction of said project. 17. That in order to provide the required landscaping, • maximum of two additional compact car spaces (or • total of 5 spaces) may be provided on the at -grade parking lot, subject to the review and approval of the City Traffic Engineer. 18. That the design of the parking structure openings adjacent to public sidewalks be designed in such a manner as to be consistent with public safety concerns in a manner acceptable to the Building and Public Works Departments. 19. That County Sanitation District fees be paid prior to issuance of any building permits. 20. That the .overhead .Edison and /or telephone lines Along the Riverside Avenue frontage be under - grounded. 21. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 22. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, . to minimize any potential impacts from silt, debris, and other water pollutants. x 0 p v n June 19, 1986 i, = C v r v m z c m o m z c= A N = o; = o r Gl m City Y f Newport p Beach a INDEX 15. That all conditions of Resubdivision No. 799 shall be fulfilled. 16. Prior to the issuance of grading or building permits for construction at 150 Riverside Avenue, the Planning Department shall approve a phasing plan for construction of this site and the project at 2901. W. Coast Highway. The phasing plan shall address the following items: a) The provision of off - street parking on the Riverside Avenue site for the use of persons involved in the construction of the building located at 2901 West Coast Highway site; and b) The provision of off - street parking on the Riverside Avenue site for employees of the project at 2901 West Coast Highway upon completion of construction of said project. 17. That in order to provide the required landscaping, • maximum of two additional compact car spaces (or • total of 5 spaces) may be provided on the at -grade parking lot, subject to the review and approval of the City Traffic Engineer. 18. That the design of the parking structure openings adjacent to public sidewalks be designed in such a manner as to be consistent with public safety concerns in a manner acceptable to the Building and Public Works Departments. 19. That County Sanitation District fees be paid prior to issuance of any building permits. 20. That the .overhead .Edison and /or telephone lines Along the Riverside Avenue frontage be under - grounded. 21. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 22. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, . to minimize any potential impacts from silt, debris, and other water pollutants. COM MINUTES 23. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 24. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 25. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. • 26. Prior to the issuance of building permits, the applicant shall provide an estimate of the poten- tial for subsidence during subterranean phases of construction, and shall identify potential impacts of any subsidence on surrounding structures and other improvements to the satisfaction of the Planning and Building Departments of the City of Newport Beach. 26. Prior to the issuance of building permits, the applicant shall provide an estimate of the poten- tial for subsidence during subterranean.phases of construction, and shall identify potential impacts of any subsidence on surrounding structures and other improvements to the satisfaction of the Planning and Building Departments of the City of Newport Beach. 27. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the project applicant will be required to monitor the extent of subsidence during excavation and throughout dewatering of the site through placement of appropriate testing devices under the supervision and surveillance of a qualified soil engineer. -10- c o June 19, 1986 F a v = I v r v m z c C m m Z c z w z o X o o T m City M a a i of Newport Beach 23. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 24. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 25. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. • 26. Prior to the issuance of building permits, the applicant shall provide an estimate of the poten- tial for subsidence during subterranean phases of construction, and shall identify potential impacts of any subsidence on surrounding structures and other improvements to the satisfaction of the Planning and Building Departments of the City of Newport Beach. 26. Prior to the issuance of building permits, the applicant shall provide an estimate of the poten- tial for subsidence during subterranean.phases of construction, and shall identify potential impacts of any subsidence on surrounding structures and other improvements to the satisfaction of the Planning and Building Departments of the City of Newport Beach. 27. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the project applicant will be required to monitor the extent of subsidence during excavation and throughout dewatering of the site through placement of appropriate testing devices under the supervision and surveillance of a qualified soil engineer. -10- COMMISSIONERS MINUTES June 19, 1986 of Newport Beach 28. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guarantee- ing the repair of the public street system, utilities or other public property that might be damaged during the dewatering excavation process as well as other construction phases. 29. If found necessary by the City of Newport Beach, based upon geotechnical information described above,. the applicant will be required to enter into an agreement and provide a policy of insur- ance guaranteeing the repair of all damage to private property caused by the dewatering exca- vation process as well as other construction phases. 30. That the total number of compact car parking spaces on the two sites at 150 Riverside Avenue and 2901 W. Coast Highway shall not exceed 248. 31. That this site Plan Review shall expire unless exercised within twelve months from the date of approval, as specified in Section 20.62.0602 of the Newport Beach Municipal Code. C. TRAFFIC STUDY: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the proj- ect- generated traffic will be greater than one percent of the existing traffic during the 2.5 hour p.m. peak period on one leg of one critical intersection. 3. That the Traffic Study indicates that the proj- ect- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any . 'major', 'primary- modified', or 'primary' street. -11- 7 F C O O x _ v p y m z c m y m z a z r x z zm 0 °mi 0 Z a z a z r m MINUTES June 19, 1986 of Newport Beach 28. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guarantee- ing the repair of the public street system, utilities or other public property that might be damaged during the dewatering excavation process as well as other construction phases. 29. If found necessary by the City of Newport Beach, based upon geotechnical information described above,. the applicant will be required to enter into an agreement and provide a policy of insur- ance guaranteeing the repair of all damage to private property caused by the dewatering exca- vation process as well as other construction phases. 30. That the total number of compact car parking spaces on the two sites at 150 Riverside Avenue and 2901 W. Coast Highway shall not exceed 248. 31. That this site Plan Review shall expire unless exercised within twelve months from the date of approval, as specified in Section 20.62.0602 of the Newport Beach Municipal Code. C. TRAFFIC STUDY: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the proj- ect- generated traffic will be greater than one percent of the existing traffic during the 2.5 hour p.m. peak period on one leg of one critical intersection. 3. That the Traffic Study indicates that the proj- ect- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any . 'major', 'primary- modified', or 'primary' street. -11- COMMISSIONERS D. Resubdivision No. 799: FINDINGS: MINUTES June 19, 1986 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 development 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 develop- ment. CONDITIONS: e 1. That a parcel map be recorded prior to the issu- ance of Building Permits. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompa- nying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map or obtain a Building Permit prior to completion of. the public improvements. 4. That a 15 -foot radius corner cutoff at the corner of Riverside Avenue and Avon Street be dedicated to the City prior to the issuance of any Building Permits. 5. That a 7 -foot wide sidewalk be constructed along the Avon Street frontage; that a 12 -foot wide sidewalk be constructed along the Riverside Avenue frontage; that the curb return be reconstructed with a 25 -foot radius and a curb access ramp at the corner of Riverside Avenue and Avon Street; • that an access ramp be constructed at the alley; that the deteriorated portions of curb, gutter and drive depressions along Avon Street be recon- structed; and that the deteriorated curb and gutter along Riverside Avenue be reconstructed. -12- Ji F C O = o p y m C z c m y m z M C z w z e S 'm= 0 r 0 m I City of Newport Beach D. Resubdivision No. 799: FINDINGS: MINUTES June 19, 1986 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 development 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 develop- ment. CONDITIONS: e 1. That a parcel map be recorded prior to the issu- ance of Building Permits. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompa- nying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map or obtain a Building Permit prior to completion of. the public improvements. 4. That a 15 -foot radius corner cutoff at the corner of Riverside Avenue and Avon Street be dedicated to the City prior to the issuance of any Building Permits. 5. That a 7 -foot wide sidewalk be constructed along the Avon Street frontage; that a 12 -foot wide sidewalk be constructed along the Riverside Avenue frontage; that the curb return be reconstructed with a 25 -foot radius and a curb access ramp at the corner of Riverside Avenue and Avon Street; • that an access ramp be constructed at the alley; that the deteriorated portions of curb, gutter and drive depressions along Avon Street be recon- structed; and that the deteriorated curb and gutter along Riverside Avenue be reconstructed. -12- M MISSIONERS • 0 MINUTES June 19, 1986 of Newport Beach 6. That the intersection of the public streets, alleys and private drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance require- ments. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be approximate- ly modified at non - critical locations, subject to approval of the Traffic Engineer. 7. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer unless otherwise approved by the Public Works Department. 8. That this resubdivision shall expire if the map has not been recorded within three years of the date of approval, unless an extension is granted by the Planning Commission. Use Permit No. 3211 (Public Hearing) Request to.permit the installation of an outdoor flower cart adjacent to the entrance of the Balboa Pavilion on property located in the C -1 District. LOCATION: Lots 4, 5, 6 and 7, Block G and Lots 1, 2 and 3, Block H, Bay Front Tract and a vacated portion of Main Street, located at 400 Main Street, at the northerly terminus of Main Street, on the Balboa Pavilion property. ZONE: C -1 APPLICANT: Marty Eisenberg, Huntington Beach OWNER: Balboa Pavilion Co., Balboa The public hearing was opened in connection with this item, and Mr. Marty Eisenberg, applicant, appeared before the Planning Commission. Mr. Eisenberg stated that the flower cart will be installed in the area between the public walkway and the entrance to the Tale of the Whale Restaurant. Chairman Person pointed out that the flower cart will not be allowed in the public right -of -way. -13- INDEX UP3211 F C C O O 'r °y x _ti v m = c m a m = M M = O x C F o m M r = v = y = r m • 0 MINUTES June 19, 1986 of Newport Beach 6. That the intersection of the public streets, alleys and private drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance require- ments. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be approximate- ly modified at non - critical locations, subject to approval of the Traffic Engineer. 7. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer unless otherwise approved by the Public Works Department. 8. That this resubdivision shall expire if the map has not been recorded within three years of the date of approval, unless an extension is granted by the Planning Commission. Use Permit No. 3211 (Public Hearing) Request to.permit the installation of an outdoor flower cart adjacent to the entrance of the Balboa Pavilion on property located in the C -1 District. LOCATION: Lots 4, 5, 6 and 7, Block G and Lots 1, 2 and 3, Block H, Bay Front Tract and a vacated portion of Main Street, located at 400 Main Street, at the northerly terminus of Main Street, on the Balboa Pavilion property. ZONE: C -1 APPLICANT: Marty Eisenberg, Huntington Beach OWNER: Balboa Pavilion Co., Balboa The public hearing was opened in connection with this item, and Mr. Marty Eisenberg, applicant, appeared before the Planning Commission. Mr. Eisenberg stated that the flower cart will be installed in the area between the public walkway and the entrance to the Tale of the Whale Restaurant. Chairman Person pointed out that the flower cart will not be allowed in the public right -of -way. -13- INDEX UP3211 COMMISSIONERS MINUTES }t z p v = June 19, 1986 z c m a m x C z m o S 0 0 D m 00 C"> T T City of Newport Beach z a z a z r m Z R CALL INDEX The public hearing was closed at this time. Motion I I I I I I IxI Motion was made to approve Use Permit No. 3211, subject All Ayes to the findings and conditions for approval in Exhibit "Au FINDINGS: 1. That the proposed flower cart operation, as an ancillary use to the Tale of the whale Restaurant and other Pavilion activities, is consistent with the Land Use Elements of the General Plan and the adopted Local Coastal Program, and is compatible with surrounding land uses. 2. That adequate parking has been provided on an informal basis for the flower cart employee, at the Great American Savings parking lot during evenings, weekends, and holidays. 3. That the operation of the proposed flower cart, as conditioned by the Planning Commission, does not represent an intensification of use that will result in an increased parking demand for on- street parking, or parking within the Municipal parking lots. 4. The approval of Use Permit No. 3211 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. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan. 2. That no flower sales shall be permitted within the public walkway or sidewalk. 3. That the flower cart operation shall be limited to • the hours between 6:00 p.m. and 11:30 p.m. during the week, and all day on weekends and recognized holidays. -14- A A C o g D v = H 9 v m W D D Z G 2 zmO WmfrT G 2 D = X= M m of Newport Beach MINUTES June 19, 1986 4. That the flower cart operator shall be required to park within the Great American Savings parking lot, located at the southeasterly corner of East Bay Avenue and Palm Street. 5. That the Planning Commission may add to or modify conditions of approval of 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 per - mit,causes injury, or is detrimental to the health, safety,peace, morals, comfort, or general welfare of the community. 6. That this use permit shall expire unless exercised within 24 months from the date of approval as specific in Section 20.80.090 A, of the Newport Beach Municipal Code. R R R • Use Permit No. 2045 (Amended)(Continued Public Hearing) Request to amend a previously approved use permit which permitted the establishment of the Bubbles Balboa Club with on -sale alcoholic beverages and live entertain- ment. The proposed amendment includes: a request to enclose an existing outdoor dining area; a request to enclose a second floor deck with a greenhouse enclo- sure, to be used for office purposes; a request to expand the hours of operation of the restaurant so as to include the service of lunch, Monday through Satur- day and to extend the closing hour to 1:00 a.m. daily; a request to permit the use of an off -site parking location for a portion of the required parking spaces at the southwesterly corner of East Bay Avenue and Washington Street; and modifications to the Zoning Code so to allow a portion of the off -site parking spaces to encroach into the 10 foot rear yard setback adjacent to an alley and the establishment of a full time valet parking service for the restaurant. LOCATION: Parcel No. 1 of Parcel Map 189 -17, 18 (Resubdivision No. 713), located at 109 -111 Palm Street, on the • southwesterly corner of Palm Street and East Balboa Boulevard (restaurant site), and Lot 7, Block 7, Balboa Tract (off -site parking lot) , in Central Balboa. -15- INDEX Item No.S COMMISSIONERS I MINUTES ZONE: C -1 APPLICANT: Bubbles Balboa Club, Ltd., Balboa OWNER: Same as applicant William Laycock, Current Planning Administrator, referred to the addendum of the staff report wherein staff compiled the hours of operation of restaurants within the Central Balboa area. Mr. Laycock pointed out that the restaurants' operation hours range from 5:00 a.m. opening to 2:00 a.m. closing. James Hewicker, Planning Director, stated that the n v = aforementioned .list was specifically prepared to point June 19, 1986 out the restaurants in the Balboa area that have been I I{ c m i the Balboa Inn's expanded food service facilities were z y m restricted until after 3:00 p.m. when the parking would z p= �`= °; M ° M °l m Cit Y of Newport P Beach z a 3 Restaurant has been restricted to open after 5:30 p.m.; and the Newport Landing Restaurant's permitted hours of operation are between the hours of 6:00 a.m. R L CALL and 2:00 a.m., but the restaurant is not permitted to open for lunch during the summer while the adjoining INDEX ZONE: C -1 APPLICANT: Bubbles Balboa Club, Ltd., Balboa OWNER: Same as applicant William Laycock, Current Planning Administrator, referred to the addendum of the staff report wherein staff compiled the hours of operation of restaurants within the Central Balboa area. Mr. Laycock pointed out that the restaurants' operation hours range from 5:00 a.m. opening to 2:00 a.m. closing. In response to questions posed by Commissioner Winburn regarding the Bangkok 3 Restaurant, Mr. Hewicker replied that the restaurant has not requested to be open for lunch. Chairman Person commented that the Bangkok 3 Restaurant does not intend to open for lunch. In response to a question posed by Commissioner Goff regarding the time of day that the Municipal parking lot is full,. Donald Webb, City Engineer, stated that the parking lot is full before 12:00 noon on weekends. Chairman Person said that 'the Municipal parking lot could be full between 9:30 a.m. and 10:30 a.m. on weekends, and does not fill up on weekdays. James Hewicker, Planning Director, stated that the aforementioned .list was specifically prepared to point out the restaurants in the Balboa area that have been permitted to open during the lunch hour. He cited that the Balboa Inn's expanded food service facilities were restricted until after 3:00 p.m. when the parking would be available in the Municipal Parking lot; the Bangkok • 3 Restaurant has been restricted to open after 5:30 p.m.; and the Newport Landing Restaurant's permitted hours of operation are between the hours of 6:00 a.m. and 2:00 a.m., but the restaurant is not permitted to open for lunch during the summer while the adjoining parking structure is under construction. In response to questions posed by Commissioner Winburn regarding the Bangkok 3 Restaurant, Mr. Hewicker replied that the restaurant has not requested to be open for lunch. Chairman Person commented that the Bangkok 3 Restaurant does not intend to open for lunch. In response to a question posed by Commissioner Goff regarding the time of day that the Municipal parking lot is full,. Donald Webb, City Engineer, stated that the parking lot is full before 12:00 noon on weekends. Chairman Person said that 'the Municipal parking lot could be full between 9:30 a.m. and 10:30 a.m. on weekends, and does not fill up on weekdays. -16- Chairman Person pointed out that the Off- Street.Parking Committee has found that the subject Municipal parking lot is full thirty to forty -five days a year. Commissioner Eichenhofer questioned if that same pattern would occur this year because of the new development in the Balboa area. -16- COMMISSIONERS MINUTES INDEX The public hearing was opened in connection with this item, and Mr. Jerry King, appeared before the Planning Commission on behalf of the applicant. Mr. King reviewed the subject application and presented a brief history of the restaurant. He further cited the off -site and on -site parking arrangements that have been made by other restaurants in the Balboa area, and he confirmed that the applicant's research has found that the Municipal parking lot is seldom full. Mr. King advised that the applicant will be working closely with the .appropriate City officials regarding the construction difficulties to enclose the second floor deck for office purposes. Mr. Hewicker described the construction difficulties if the conference room would be permitted at the end of the building, and he said that the interior walls would have to be lowered to a height of no more than 59 inches to meet the requirement's of the Uniform Building Code. • The public hearing was closed at this time. Commissioner Koppelman stated that the summer will be a trial period for the Balboa Peninsula because of the recent projects that have been approved and built, and the construction of new projects. She said that she concurs that the hours of operation of the subject restaurant facility during the summer should be Motion limited. Motion was made to approve Use Permit No. 2045 (Amended) subject to the findings and conditions in Exhibit "A ". Commissioner Goff commented that during the public hearing, testimony pointed out that if the subject restaurant opened during the lunch hour, there would not be an adverse affect on the parking conditions in the area. He opined that the applicant should be able to use the parking spaces in the Municipal parking lot because he pays twice the rate for the in -lieu parking to cover his requirement. Substitute Substitute motion was made to approve the findings and Motion x conditions of approval in Exhibit "A ", and to amend Condition No. 3 deleting "all year" after 2:00 p.m., . "during the period between the day after Labor Day and May 31 of any year" and "all year long ", after Saturday. Commissioner Eichenhofer stated that she would not support the substitute motion because when the restaurant opened several months ago, the operating -17- xx June 19, 1986 v y m C z c m a z= a W = a; o 9 = � of m City v of Newport p Beach INDEX The public hearing was opened in connection with this item, and Mr. Jerry King, appeared before the Planning Commission on behalf of the applicant. Mr. King reviewed the subject application and presented a brief history of the restaurant. He further cited the off -site and on -site parking arrangements that have been made by other restaurants in the Balboa area, and he confirmed that the applicant's research has found that the Municipal parking lot is seldom full. Mr. King advised that the applicant will be working closely with the .appropriate City officials regarding the construction difficulties to enclose the second floor deck for office purposes. Mr. Hewicker described the construction difficulties if the conference room would be permitted at the end of the building, and he said that the interior walls would have to be lowered to a height of no more than 59 inches to meet the requirement's of the Uniform Building Code. • The public hearing was closed at this time. Commissioner Koppelman stated that the summer will be a trial period for the Balboa Peninsula because of the recent projects that have been approved and built, and the construction of new projects. She said that she concurs that the hours of operation of the subject restaurant facility during the summer should be Motion limited. Motion was made to approve Use Permit No. 2045 (Amended) subject to the findings and conditions in Exhibit "A ". Commissioner Goff commented that during the public hearing, testimony pointed out that if the subject restaurant opened during the lunch hour, there would not be an adverse affect on the parking conditions in the area. He opined that the applicant should be able to use the parking spaces in the Municipal parking lot because he pays twice the rate for the in -lieu parking to cover his requirement. Substitute Substitute motion was made to approve the findings and Motion x conditions of approval in Exhibit "A ", and to amend Condition No. 3 deleting "all year" after 2:00 p.m., . "during the period between the day after Labor Day and May 31 of any year" and "all year long ", after Saturday. Commissioner Eichenhofer stated that she would not support the substitute motion because when the restaurant opened several months ago, the operating -17- u r� Ayes Noes Substitute Motion 10 X x Ix MINUTES June 19, 1986 of Newport Beach hours were restricted because of the limited parking in the Municipal parking lot. She further stated that as a member of the Off- Street Parking Committee, the Committee is looking at revisions to the existing traffic circulation in the area as the new developments open for business. Commissioner Turner stated that he would not support the substitute motion. He commented upon the activities in the area, and the need to "draw the line" to find out what will happen in the future. Commissioner Turner further commented that the applicant may come back to the Planning Commission at a later date. He said that he would support the original motion. In response to a question posed by Commissioner Winburn, Commissioner Koppelman replied that the intent of her motion would be to allow the restaurant to be open during the lunch hour after the summer months when parking is available. Commissioner Winburn stated that she would support the original motion. Commissioner Goff rebutted that each new development's parking situation was adequate at the time the development was approved, and that a "wait and see" attitude will place a moratorium on the area. Substitute motion was voted on to approve Use Permit No. 2045 (Amended) subject to the findings and conditions in Exhibit "A ", with the exception that Condition No. 3 be amended so as to allow the restaurant to be open for lunch including the summer months. SUBSTITUTE MOTION FAILED. Substitute motion was made to approve Use Permit No. 2045 (Amended) subject to the findings and conditions in Exhibit "A" with the exception that Condition No. 3 would be amended to state "the subject restaurant shall be permitted to open for brunch on Saturday between the hours of 10:00 a.m, and 2:00 p.m." Commissioner Eichenhofer explained that the motion would allow the restaurant to be open for brunch on Saturday and Sunday, all year, and closed for lunch the rest of the week. She commented that the applicant could come back to the Planning Commission next year to see what is happening then. Substitute motion voted on, SUBSTITUTE MOTION FAILED. CRUM �x c o 0 e-i x v a v m Z c m > m Z W 9 S Z O S zm ° o 0 o mi WAISSIONERS All Ayes • 0 MINUTES June 19, 1986 of Newport Beach Discussion followed between the Planning Commissioners regarding an amendment to the original motion that the application come back to the Planning Commission in eight or nine months. Commissioner Koppelman responded that she would not accept that amendment to the motion because the applicant should be the one to evaluate the application and that the applicant should have the option to come back on his own accord in the future. Chairman Person stated that he would support the original motion. He commented that this summer in Balboa may be difficult to determine the parking demands, because of the proposed developments and an increase in tourism in the area. Motion voted on to approve Use Permit No. 2045 (Amended) subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the approved alterations to the existing restaurant operation are consistent with the General Plan and the Local Coastal Program and are compatible with surrounding land uses. 2. That based on the restaurant's dependence on public parking, the establishment of a lunch time operation during the peak summer season represents a significant intensification of use which will increase the daytime parking demand for public parking spaces, in an area where public parking is a significant problem during the summer season. 3. That there are an adequate number of parking spaces in the Municipal Lot during the off - season to satisfy the increased parking demand for the proposed lunch time operation of the restaurant. 4. That the expansion of the upstairs office area, so as to include a conference room, will not increase the parking demand in the area. 5. That the approval of Use Permit No. 2045 (Amend- ed) , as conditioned by the Planning Commission, will not, under the circumstances.of this case, be detrimental to the health, safety, peace, morals, -19- C x C o x _ y 9 y m z c m y m z m n z z r x C 2 p S o 0 0 M z0 o m a r z a z m All Ayes • 0 MINUTES June 19, 1986 of Newport Beach Discussion followed between the Planning Commissioners regarding an amendment to the original motion that the application come back to the Planning Commission in eight or nine months. Commissioner Koppelman responded that she would not accept that amendment to the motion because the applicant should be the one to evaluate the application and that the applicant should have the option to come back on his own accord in the future. Chairman Person stated that he would support the original motion. He commented that this summer in Balboa may be difficult to determine the parking demands, because of the proposed developments and an increase in tourism in the area. Motion voted on to approve Use Permit No. 2045 (Amended) subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the approved alterations to the existing restaurant operation are consistent with the General Plan and the Local Coastal Program and are compatible with surrounding land uses. 2. That based on the restaurant's dependence on public parking, the establishment of a lunch time operation during the peak summer season represents a significant intensification of use which will increase the daytime parking demand for public parking spaces, in an area where public parking is a significant problem during the summer season. 3. That there are an adequate number of parking spaces in the Municipal Lot during the off - season to satisfy the increased parking demand for the proposed lunch time operation of the restaurant. 4. That the expansion of the upstairs office area, so as to include a conference room, will not increase the parking demand in the area. 5. That the approval of Use Permit No. 2045 (Amend- ed) , as conditioned by the Planning Commission, will not, under the circumstances.of this case, be detrimental to the health, safety, peace, morals, -19- COMMISSIONERS MINUTES INDEX comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, inasmuch as the operation of the existing restau- rant use has not been detrimental to the neighbor- hood. CONDITIONS: 1. That the restaurant operation shall be in substantial conformance with the approved plot plan, and floor plans. 2. That the applicant shall comply with all previous applicable conditions of approval for Use Permit No. 2045 (Amended) as approved by the Planning Commission on May 6, 1982 and January 23, 1986. 3. In addition to the existing Sunday brunch that is permitted between the hours of 10:00 a.m. and 2:00 p.m. all year, the subject restaurant shall be permitted to open for lunch on a daily basis, beginning at 10:00 a.m., during the period between the day after Labor Day and May 31 of any year. The closing time of the restaurant shall be 12:30 a.m. Sunday through Thursday and 1:00 a.m., Friday and Saturday, all year long. 5. That no valet parking service shall be permitted on the public streets in conjunction with the restaurant operation. 6. That the proposed enclosed space on the second floor shall be used for a conference room only. 7. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury or is detrimental to health, safety, peace, morals, comfort or general welfare of the community. S. That this use permit shall expire unless exercised • within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. • • ,e -20- C o = - June 19, 1986 E I v p T m a c m a C a N o C 0 0 9 z A= M m j City of Newport Beach INDEX comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, inasmuch as the operation of the existing restau- rant use has not been detrimental to the neighbor- hood. CONDITIONS: 1. That the restaurant operation shall be in substantial conformance with the approved plot plan, and floor plans. 2. That the applicant shall comply with all previous applicable conditions of approval for Use Permit No. 2045 (Amended) as approved by the Planning Commission on May 6, 1982 and January 23, 1986. 3. In addition to the existing Sunday brunch that is permitted between the hours of 10:00 a.m. and 2:00 p.m. all year, the subject restaurant shall be permitted to open for lunch on a daily basis, beginning at 10:00 a.m., during the period between the day after Labor Day and May 31 of any year. The closing time of the restaurant shall be 12:30 a.m. Sunday through Thursday and 1:00 a.m., Friday and Saturday, all year long. 5. That no valet parking service shall be permitted on the public streets in conjunction with the restaurant operation. 6. That the proposed enclosed space on the second floor shall be used for a conference room only. 7. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury or is detrimental to health, safety, peace, morals, comfort or general welfare of the community. S. That this use permit shall expire unless exercised • within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. • • ,e -20- COMMISSIONERS MINUTES �x C o = f ti 9 y June 19, 1986 9 m 2 C m y m 2 C 2 N O r o 0 M 9 Z A= T m City of Newport Beach p :t CALL INDEX Use Permit No. 3205 (Continued Public Hearing) Item No.6 Request to establish a restaurant with on -sale beer and wine on the Fun Zone property in the C -1 District, and to waive a portion of the required off - street parking spaces. LOCATION: Parcel 1 of Parcel Map 82 -706 (Resubdivision No. 724), located at 600 Edgewater Place, bounded by East Bay Avenue, Washington Street, Palm Street, and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANT: Milano's Pizza Restaurant Balboa, Inc., Newport Beach OWNER: Balboa Fun Zone, Ltd., Newport Beach n x Motion was made to continue Use Permit No. 3205, x Milano's Pizza Restaurant, Balboa Fun Zone, to the x x x min X1 Planning Commission meeting of July 24, 1986. Motion voted on, MOTION CARRIED. * x k Use Permit No. 1758 (Amended)(Continued Public Hearing) Request to amend a previously approved use permit which permitted the establishment of the private club known as "Tiffany's Astrological Club" with on -sale alcoholic beverages, live entertainment, and dancing. The proposed amendment includes a request to approve an off -site parking agreement so as to allow a portion of the required off- street parking to be located in the parking lot of the Lido Building located at 3355 Via Lido. The proposal also includes a modification to the Zoning Code to use tandem parking for a portion of the on -site parking spaces and the use of a full time valet parking service. LOCATION: Parcel No. 1 of Parcel Map 60 -43 (Resubdivision No. 433), (private club site) located at 3388 Via Lido, on the • northeasterly side of Via Lido between Via Oporto and Via Malaga, adjacent to Lido Marina Village, and Lot 4, Tract No. 907 (off -site parking site), located at 3355 Via Lido in the Lido Building parking lot. -21- UP3205 Continued to 7 -24 -86 Item No.7 UP1758A Approved COMMISSIONERS MINUTES a °v = June 19, 1986 C v > y m z c m y m z ( = D = a a T m City of Newport Beach C z W 0% O o ROLL CALL I INDEX ZONE: C -1 APPLICANT: Tiffany's Astrological Club, Newport Beach OWNER: Traweek Investment Fund #12, Ltd., Marina del Rey The public hearing was opened in connection with this item, and Mr. Edward Martinez, 505 Windsor Place, Laguna Beach, President of Tiffany's Club, appeared before the Planning Commission. Mr. Martinez commented that Tiffany's Club has been operating for 11 years; that there was an off -site parking agreement between Don Koll and Imperial Savings & Loan for Tiffany's Club that was revoked in October, 1985; that the on -site parking lot has been redesigned so as to provide 26 parking spaces, but that staff has approved only 23 of those 26 parking spaces; that Tiffany's Club has a lease agreement with the Lido Building to use 9 parking • spaces between 9:00 p.m, and 11:00 p.m., and that between 11:00 p.m. and 2:00 a.m. Tiffany's Club would be permitted 60 parking spaces; and that there are 1600 members who want to continue their membership at the Club. In response to a question posed by Commissioner Koppelman regarding the daily log maintained by Tiffany's Club, Mr. Martinez replied that the numbers reflect how many members are in the Club at that hour. Mr. Martinez commented that the tally is maintained by an employee at the front desk so as to remain within the Fire Code requirements. In response to a question posed by Commissioner Winburn, Mr. Martinez explained that when Tiffany's Club first opened, the valets drove the customers' automobiles to the off -site parking lot of Imperial Savings and Loan located at 32nd Street and Via Oporto; however, because the 32nd Street parking lot was a distance from Tiffany's Club, they leased parking spaces behind the Lido Building. Chairman Person asked staff if there had been any complaints regarding the operation of Tiffany's Club . from the adjacent residents. Mr. Hewicker replied that he was not aware that any complaints had been reported. Mitchell Sussman, a partner in Tiffany's Club and an attorney whose office is across from the subject site, appeared before the Planning Commission. Mr. Sussman -22- COMMISSIONERS 0 Motion S titute MINUTES June 19, 1986 of Newport Beach noted the numerous sources that the applicant contacted to locate the required off -site parking spaces; that the parking spaces available at the Lido Building are the best solution; that the pedestrian - vehicle accidents on Via Lido have been in the crosswalk adjacent to Hughes Market; that Tiffany's Club has had a clean record for 11 years; that the applicant would cooperate with staff, if staff recommended the installation of a stop sign at the intersection of Via Lido and Via Oporto; and that Tiffany's Club has not previously created traffic and parking congestion. The public hearing was closed at this time. Commissioner Turner commented that the applicant has been a victim of circumstances because of the cancellation clause in the off -site .parking agreement, and that the applicant is trying to correct a situation as a result of the cancellation. Commissioner Turner referred to the recent California Beach Restaurant's conditions of approval as set forth by the Planning Commission, and he said that because of those conditions it is difficult to turn around and approve the same off -site parking lot for another operation. He further commented that the peak attendance at Tiffany's Club will be 11:00 p.m. when the California Beach Restaurant customers will be .vacating the premises. Motion was made to deny Use Permit No. 1758 (Amended) and the Off -Site Parking Agreement subject to the findings for denial in Exhibit "A ". Commissioner Koppelman commented on the convenience of the Lido Building parking lot as compared to the 32nd Street parking lot for Tiffany's Club. She recollected that the California Beach Restaurant requested valet parking in front of the restaurant on Via Lido; that customers were waiting on the sidewalk to enter the California Beach Restaurant adjacent to a residential area; and the amplified music, were the primary reasons she objected to the extension of the California Beach Restaurant's hours of operation. Commissioner Koppelman said that access to the parking' lot is not abutting a residential area, and is closer to Tiffany's Club than the parking lot on 32nd Street, and that there was not a previous problem with the proposed traffic pattern. Substitute motion was made to approve Use Permit No. 1758 (Amended) and Off -Site Parking Agreement subject to the findings and conditions of approval in Exhibit "B ". -23- X F C O n z _ v 9 y m Z c a m y m z m A z r 0 2 z p o m i Ayes Noes • COMMISSIONERS x MINUTES June 19, 1986 of Newport Beach Commissioner Eichenhofer stated that she would support the substitute motion. She said the reputation and length of time that Tiffany's Club has been in operation is impressive and speaks well for the operation. Commissioner Goff stated that he would support the substitute motion. He said that the operation has been a good neighbor in the area for 11 years; that there is no record that the traffic problems in the area have been related to Tiffany's Club; and that the applicants have addressed the parking satisfactorily. Substitute motion voted on to approve Use Permit No. 1758 (Amended) and Off -Site Parking Agreement subject to the findings and conditions of approval in Exhibit "B ". SUBSTITUTE MOTION CARRIED. FINDINGS: 1. That the proposed development 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 environ- mental impact. 3. The off -site parking area is located so as to be useful to the subject private club use. 4. Parking on the subject off -site lot will not create undue traffic hazards in the surrounding area. 5. That the applicant has entered into an appropriate lease for the off -site parking spaces, which is of sufficient duration for the private club. 6. The approval of Use Permit No. 1758 (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. 7. The proposed use of a valet parking service and tandem parking spaces will not, under the circum- stances of this particular case, be detrimental to -24- INDEX z z C O O s x _ v 9 m z c C m y m z m L A= P 0 2 C z w p; O O W ao m r r Z X z m x MINUTES June 19, 1986 of Newport Beach Commissioner Eichenhofer stated that she would support the substitute motion. She said the reputation and length of time that Tiffany's Club has been in operation is impressive and speaks well for the operation. Commissioner Goff stated that he would support the substitute motion. He said that the operation has been a good neighbor in the area for 11 years; that there is no record that the traffic problems in the area have been related to Tiffany's Club; and that the applicants have addressed the parking satisfactorily. Substitute motion voted on to approve Use Permit No. 1758 (Amended) and Off -Site Parking Agreement subject to the findings and conditions of approval in Exhibit "B ". SUBSTITUTE MOTION CARRIED. FINDINGS: 1. That the proposed development 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 environ- mental impact. 3. The off -site parking area is located so as to be useful to the subject private club use. 4. Parking on the subject off -site lot will not create undue traffic hazards in the surrounding area. 5. That the applicant has entered into an appropriate lease for the off -site parking spaces, which is of sufficient duration for the private club. 6. The approval of Use Permit No. 1758 (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. 7. The proposed use of a valet parking service and tandem parking spaces will not, under the circum- stances of this particular case, be detrimental to -24- INDEX COMMISSIONERS ,I 11 u • MINUTES June 19, 1986 of Newport Beach 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, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. CONDTTTONSe 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan, except as noted below. 2. That the City Traffic Engineer shall approve the on -site valet parking plan, including the tandem parking spaces and the on -site valet station, and the off -site tandem parking space, prior to beginning the operation of the private club. 3. That on -site Parking Spaces No. 1 and 20 shall only be used for the parking of compact automobiles. 4. That on -site Parking Spaces No. 21, 22 and 26 shall not be used by the valets to park automobiles. 5. That an off -site parking agreement shall be approved by the City Council, and be recorded in the County Recorder's Office, guaranteeing that a minimum of 9 parking spaces shall be provided in the Lido Building parking lot between 9:00 p.m. and 11:00 p.m. and 60 parking spaces between 11:00 p.m, and 2:00 a.m. daily for the duration of the private club use on the property located at 3388 Via Lido. 6. That all employees shall park on the off -site parking lot. 7. That no valet parking, pick -ups or deliveries shall be permitted on public streets. 8. That the live entertainment shall be confined to the interior of the facility. 9. That there shall be no sound amplification used outside of the building. -25- INDEX X C O x x _ v y m a c m y m a m A A ZX C m o m> o Z s a a z T m ,I 11 u • MINUTES June 19, 1986 of Newport Beach 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, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. CONDTTTONSe 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan, except as noted below. 2. That the City Traffic Engineer shall approve the on -site valet parking plan, including the tandem parking spaces and the on -site valet station, and the off -site tandem parking space, prior to beginning the operation of the private club. 3. That on -site Parking Spaces No. 1 and 20 shall only be used for the parking of compact automobiles. 4. That on -site Parking Spaces No. 21, 22 and 26 shall not be used by the valets to park automobiles. 5. That an off -site parking agreement shall be approved by the City Council, and be recorded in the County Recorder's Office, guaranteeing that a minimum of 9 parking spaces shall be provided in the Lido Building parking lot between 9:00 p.m. and 11:00 p.m. and 60 parking spaces between 11:00 p.m, and 2:00 a.m. daily for the duration of the private club use on the property located at 3388 Via Lido. 6. That all employees shall park on the off -site parking lot. 7. That no valet parking, pick -ups or deliveries shall be permitted on public streets. 8. That the live entertainment shall be confined to the interior of the facility. 9. That there shall be no sound amplification used outside of the building. -25- INDEX COMMISSIONERS • u MINUTES June 19, 1986 of Newport Beach 10. That the hours of operation of the private club shall be limited between the hours of 9:00 p.m. and 2:00 a.m. daily. 11. That the tree damaged public sidewalk along the Via Lido frontage adjacent to the private brick sidewalk be reconstructed; that the private brick sidewalk be repaired as needed; and that the adjacent private tree be root pruned. All work shall be completed prior to implementation of the subject use permit. 12. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 13. This. use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. * : x Use Permit No. 3209 (Public Hearing) Request to permit the construction of a combined commercial /residential structure on property located in the C -1 District. The proposal also includes a request to establish a take -out restaurant in the commercial portion of the project which includes incidental outdoor seating and a modification to the Zoning Code to allow tandem parking; and a request to waive a portion of the required parking spaces for the proposed take -out restaurant. LOCATION: Lot 2, Block 8, Balboa Tract, located at 603 East Balboa Boulevard, on the southerly side of East Balboa Boulevard, between Palm Street and Washington Street, in Central Balboa. ZONE: C -1 -26- INDEX TH-m Nn_R UP3209 Approved X A C O O A � x _ o > m z c m y m z A A = O x C a = O X O r O O A m m D z A z z A z M M w m • u MINUTES June 19, 1986 of Newport Beach 10. That the hours of operation of the private club shall be limited between the hours of 9:00 p.m. and 2:00 a.m. daily. 11. That the tree damaged public sidewalk along the Via Lido frontage adjacent to the private brick sidewalk be reconstructed; that the private brick sidewalk be repaired as needed; and that the adjacent private tree be root pruned. All work shall be completed prior to implementation of the subject use permit. 12. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 13. This. use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. * : x Use Permit No. 3209 (Public Hearing) Request to permit the construction of a combined commercial /residential structure on property located in the C -1 District. The proposal also includes a request to establish a take -out restaurant in the commercial portion of the project which includes incidental outdoor seating and a modification to the Zoning Code to allow tandem parking; and a request to waive a portion of the required parking spaces for the proposed take -out restaurant. LOCATION: Lot 2, Block 8, Balboa Tract, located at 603 East Balboa Boulevard, on the southerly side of East Balboa Boulevard, between Palm Street and Washington Street, in Central Balboa. ZONE: C -1 -26- INDEX TH-m Nn_R UP3209 Approved 0 MINUTES June 19, 1986 of NeWDort Beach APPLICANT: Juan Esquivel, Balboa OWNER: Mel Fuchs, Balboa The public hearing was opened in connection with this item, and Mr. John Loomis, 30th Street Architects, appeared before the Planning Commission on behalf of the applicant. Mr. Loomis stated that the applicant concurs with the findings and conditions in Exhibit "A "; however, he said that the applicant is concerned with Condition No. 3 that requires that there shall be only 2 employees on duty at any one time, including the restaurant owner or operator. Mr. Loomis explained that the restaurant owner also resides on the premises and he will have on -site parking. He said that the restaurant owner would like to have the ability to monitor the business at times when there are 2 other employees on duty, and that the owner wanted to be "up- front" about the situation. Mr. Hewicker replied that if the owner occupies the residence than there would not be as much of a problem. Chairman Person suggested to record the conditions of the use permit as a matter of public record for future owners of the restaurant. Discussion followed between the Planning Commissioners regarding the transfer of the use permit to a new ownership. Chairman Person said that there have been instances that new ownerships have not been aware of conditions of approval. Mr. Hewicker stated that there could be a condition that would require that the owner of the business also be the resident of the residential use on the property and that if the business were sold or that the resident moved, then it would be his responsibility to notify the City and at that time the Planning Commission could call the application back up for review. Commissioner Turner replied that this would be a satisfactory suggestion. Commissioner Eichenhofer said that the condition would be restrictive which she could not support. Mr. Mel Fuchs, property owner, 2128 East Ocean Front, appeared before the Planning Commission. He said that the applicant is being totally honest by admitting that if the 2 employees need additional help that the owner would like the ability to help without being illegal. -27- INDEX x x C o � x - v ,9 v m 2 C C m y" Z 9 9 Z r 2 c Z c > 0 0 0 M m o 0 m a M T T 2 9 2 9= T m 0 MINUTES June 19, 1986 of NeWDort Beach APPLICANT: Juan Esquivel, Balboa OWNER: Mel Fuchs, Balboa The public hearing was opened in connection with this item, and Mr. John Loomis, 30th Street Architects, appeared before the Planning Commission on behalf of the applicant. Mr. Loomis stated that the applicant concurs with the findings and conditions in Exhibit "A "; however, he said that the applicant is concerned with Condition No. 3 that requires that there shall be only 2 employees on duty at any one time, including the restaurant owner or operator. Mr. Loomis explained that the restaurant owner also resides on the premises and he will have on -site parking. He said that the restaurant owner would like to have the ability to monitor the business at times when there are 2 other employees on duty, and that the owner wanted to be "up- front" about the situation. Mr. Hewicker replied that if the owner occupies the residence than there would not be as much of a problem. Chairman Person suggested to record the conditions of the use permit as a matter of public record for future owners of the restaurant. Discussion followed between the Planning Commissioners regarding the transfer of the use permit to a new ownership. Chairman Person said that there have been instances that new ownerships have not been aware of conditions of approval. Mr. Hewicker stated that there could be a condition that would require that the owner of the business also be the resident of the residential use on the property and that if the business were sold or that the resident moved, then it would be his responsibility to notify the City and at that time the Planning Commission could call the application back up for review. Commissioner Turner replied that this would be a satisfactory suggestion. Commissioner Eichenhofer said that the condition would be restrictive which she could not support. Mr. Mel Fuchs, property owner, 2128 East Ocean Front, appeared before the Planning Commission. He said that the applicant is being totally honest by admitting that if the 2 employees need additional help that the owner would like the ability to help without being illegal. -27- INDEX COMMISSIONERS }t z C O O f A 9 = z c m o m z "I A A z r L1 S �cz m vi00�Ci} A m O m> � T = A a a z T m MINUTES June 19, 1986 Commissioner Eichenhofer said parking has been previously waived in Balboa for take -out restaurants. She said that if there would be another employee or two the parking would be waived or an in -lieu fee could be paid. She pointed out that the applicant is providing two parking spaces on -site for employees. The public hearing was closed at this time. Motion x Commissioner Turner made a motion to approve Use Permit All Ayes No. 3209, subject to the findings and conditions of approval in Exhibit "A ", with the exception that Condition No. 3 be amended to include "the owner may visit the establishment as required ". Commissioner Goff suggested the following be added to Condition No. 3: "if the restaurant owner resides in the residential unit on -site, then he may be considered an approved third employee ". Commissioner Turner accepted the amended condition as suggested. Motion 1111111 FINDINGS voted on, MOTION CARRIED. 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking, parking lot illumination, circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties and further that the size and location of the subject property precludes reasonable compliance of said require- ments. 4. The applicant has provided adequate employee parking on the site and the waiver of a portion of the required parking to be used for restaurant customers is justified. inasmuch as the subject restaurant is not a "destination use" which will increase the parking demand for the area. Ime I City of Newport Beach MINUTES June 19, 1986 Commissioner Eichenhofer said parking has been previously waived in Balboa for take -out restaurants. She said that if there would be another employee or two the parking would be waived or an in -lieu fee could be paid. She pointed out that the applicant is providing two parking spaces on -site for employees. The public hearing was closed at this time. Motion x Commissioner Turner made a motion to approve Use Permit All Ayes No. 3209, subject to the findings and conditions of approval in Exhibit "A ", with the exception that Condition No. 3 be amended to include "the owner may visit the establishment as required ". Commissioner Goff suggested the following be added to Condition No. 3: "if the restaurant owner resides in the residential unit on -site, then he may be considered an approved third employee ". Commissioner Turner accepted the amended condition as suggested. Motion 1111111 FINDINGS voted on, MOTION CARRIED. 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking, parking lot illumination, circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties and further that the size and location of the subject property precludes reasonable compliance of said require- ments. 4. The applicant has provided adequate employee parking on the site and the waiver of a portion of the required parking to be used for restaurant customers is justified. inasmuch as the subject restaurant is not a "destination use" which will increase the parking demand for the area. Ime I • 0 MINUTES June 19, 1986 of Newaort Beach 5. The proposed development conforms to all applica- ble development standards for the C -R District with the exception of a portion of the off - street parking requirement. 6. That the design of 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 development. 7. That the approval of a modification to the Zoning Code, so as to allow the use of tandem parking spaces 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 detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 8. The approval of Use Permit No. 3209 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. CONDITIONS 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations except as may be noted below. 2. That the restaurant parking spaces shall not be enclosed with a garage door and side wall. 3. That the proposed take -out restaurant shall be limited to 2 employees on duty at any one time including the restaurant owner or operator. If the restaurant owner resides in the residential unit on -site, then he may be considered an approved third employee. -29- INDEX x c 0 o � x _ v v m 2 c C m y m Y a Y r S C Y C w 0 o> 0 0 0 M m o m a r r Y D Z A Y m • 0 MINUTES June 19, 1986 of Newaort Beach 5. The proposed development conforms to all applica- ble development standards for the C -R District with the exception of a portion of the off - street parking requirement. 6. That the design of 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 development. 7. That the approval of a modification to the Zoning Code, so as to allow the use of tandem parking spaces 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 detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 8. The approval of Use Permit No. 3209 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. CONDITIONS 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations except as may be noted below. 2. That the restaurant parking spaces shall not be enclosed with a garage door and side wall. 3. That the proposed take -out restaurant shall be limited to 2 employees on duty at any one time including the restaurant owner or operator. If the restaurant owner resides in the residential unit on -site, then he may be considered an approved third employee. -29- INDEX MINUTES INDEX 4. That all restaurant employees, including the restaurant owner or operator shall park on -site. A sign shall be posted indicating that the subject parking spaces shall be reserved "for employees only". 5. That the on -site parking areas shall be kept free and clear and shall be available at all times for the employees of the take -out restaurant and the residents of the proposed dwelling unit. 6. That all signs shall be in conformance with the provisions of Chapter 20.06 of.the Municipal Code. 7. That any roof top or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 Dba at the property lines. X S. That any mechanical equipment or trash containers C °v = June 19, 1986 v r v 'z 9. That only one dwelling unit shall be permitted C Z c m y m on -site. c Z C A= N O K 0 T 0 m a= j City of Newport Beach INDEX 4. That all restaurant employees, including the restaurant owner or operator shall park on -site. A sign shall be posted indicating that the subject parking spaces shall be reserved "for employees only". 5. That the on -site parking areas shall be kept free and clear and shall be available at all times for the employees of the take -out restaurant and the residents of the proposed dwelling unit. 6. That all signs shall be in conformance with the provisions of Chapter 20.06 of.the Municipal Code. 7. That any roof top or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 Dba at the property lines. 10. That prior to the occupancy of the residential unit, a qualified professional engineer practicing in acoustics, retained by the City at the appli- cant's expense shall demonstrate to the satisfac- tion of the Planning Director that. the noise impact from adjoining streets and the alley on the project does not exceed 65 db CNEL for outside living areas and the requirements of law for interior spaces. 11. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 12. That the sidewalk on East Balboa Boulevard shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain system. 0 111 11111 13. That a washout area for the take -out restaurant trash containers be provided in such a way as to -30- S. That any mechanical equipment or trash containers shall be screened from view from East Balboa Boulevard, adjoining properties, and the alley. 9. That only one dwelling unit shall be permitted on -site. 10. That prior to the occupancy of the residential unit, a qualified professional engineer practicing in acoustics, retained by the City at the appli- cant's expense shall demonstrate to the satisfac- tion of the Planning Director that. the noise impact from adjoining streets and the alley on the project does not exceed 65 db CNEL for outside living areas and the requirements of law for interior spaces. 11. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 12. That the sidewalk on East Balboa Boulevard shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain system. 0 111 11111 13. That a washout area for the take -out restaurant trash containers be provided in such a way as to -30- COMMISSIONERS F C O = c 9 x 9 m z c m y m z m z n z r O x cz w oCO01Ci X m o m s m r z x z a z r m MINUTES June 19, 1986 of Newport Beach INDEX allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 14. That a trash compactor shall be installed in conjunction with the take-out restaurant facility. 15. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 16. That the hours of operation of the take -out restaurant shall be limited between the hours of 10:00 a.m. to 10:00 p.m. Sunday through Thursday, and from 10:00 a.m. to 1:00 a.m. Friday and Saturday. . 17. The no off -sale or on -sale beer, wine, or other alcoholic beverages shall be permitted in the take -out restaurant unless an amended use permit is approved by the Planning Commission. 18. That a maximum of 3 tables and 12 seats in the outdoor patio area and 5 seats in the indoor eating area shall be permitted. 19. That the development standards for the take -out restaurant to 12 offstreet parking spaces, parking lot illumination, circulation, walls, landscaping, and utilities are waived. 20. That all improvements be constructed as required by ordinance and the Public Works Department. 21. That the commercial and residential portion of the building 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. 22. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 23. That all vehicular access to the property be from the adjacent alley. -31- COMMISSIONERS • 1x11 u MINUTES June 19, 1986 of Newport Beach 24. That County Sanitation District fees be paid prior to issuance of any building permits. 25. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 26. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section .20.80.090 of the Newport Beach Municipal Code. x x A D D I T I O N A L B U S I N E S S: The Planning Commissioners commended Commissioner Goff for his four years of service on the Planning Commission. A D J O U R N M E N T: 9:50 P.M. � n PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -32- Additional Business Goff Adjournment X c o f a v = 2 c m m 2 M a a Z r G) 2 r M m O m> T Z a Z • 1x11 u MINUTES June 19, 1986 of Newport Beach 24. That County Sanitation District fees be paid prior to issuance of any building permits. 25. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 26. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section .20.80.090 of the Newport Beach Municipal Code. x x A D D I T I O N A L B U S I N E S S: The Planning Commissioners commended Commissioner Goff for his four years of service on the Planning Commission. A D J O U R N M E N T: 9:50 P.M. � n PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -32- Additional Business Goff Adjournment