HomeMy WebLinkAbout06/22/1989COMMISSIONERS
Ga\01101 $0
REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M.
DATE: June 22, 1989
CITY OF NEWPORT BEACH
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Present
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All Commissioners were present.
EX- OFFICIO OFFICERS PRESENT:
James Hewicker, Planning Director
Carol Korade, Assistant City Attorney
William R. Laycock, Current Planning Manager
Rich Edmonton, City Traffic Engineer
Dee Edwards, Secretary
Minutes of June 8. 1989:
Minutes of
6 -8 -89
Motion
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Motion was made and voted on to approve the June 8,
All Ayes
1989, Planning Commission Minutes. MOTION CARRIED.
Public Comments:
Public
Comments
Commissioner Person expressed the Planning Commission's
gratitude to the Assistant City Attorney, Carol Korade.
Ms. Korade recently resigned from City staff and has been
Korade
appointed City Attorney to the City of Alameda.
Commissioner Person presented Commissioner Joan Winburn a
bouquet of roses on behalf of the Planning Commission as
a token of eight years of public service on the Planning
Winburn
Commission and four years on the Parks, Beaches, and
Recreation Commission.
Mrs. Gail Demmer, 2812 Cliff Drive, appeared before the
Planning Commission on behalf of the Newport Heights
Community Association to acknowledge the 12 years of
community and public service that Commissioner Winburn
dedicated to the City of Newport Beach. Mrs. Demmer also
spoke as a private citizen to pay tribute to Commissioner
Winburn.
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Posting
James Hewicker, Planning Director, stated that the Planning
of the Agenda
Commission Agenda was posted on Friday, June 16, 1989, in
front of City Hall.
Commissioner Edwards requested Item No. 5 be added to the
A679
Planning Commission Agenda so as to reconsider Amendment
set:'. for
No. 679, Specialty Food Uses, and to set a public hearing on
public
August 10, 1989. Carol Korade, Assistant City Attorney,
hearing
supported the request based on the position of the Planning
8 -10-89
Commission By -Laws.
Motion
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Motion was made and voted on to set Amendment No. 679,
Ayes
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Specialty Food Uses, for reconsideration, on the August 10, 1989,
No
Planning Commission Agenda. MOTION CARRIED.
Commissioner Debay requested the Planning Commission
Election
continue the Election of Officers, regularly scheduled for the first
o:
officers
meeting in July, to July 20, 1989, inasmuch as Commissioner
Agenda
Debay and Commissioner Di Sano have been excused from the
July 6, 1989, Planning Commission meeting.
Ms. Korade explained that in order to comply with the Planning
Commission By -Laws that the Election of Officers remain on the
July 6, 1989, Planning Commission agenda and if the Planning
Commission desires, the item may be continued to the July 20,
1989, Planning Commission meeting.
Resubdivision No. 896 (Public Hearing)
Item No.l
Request to resubdivide an existing lot into a single parcel of land
8896
for two unit residential condominium development on property
located in the R -3 District.
Approved
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1125 West Balboa Boulevard, on the
southerly side of West Balboa Boulevard
between 11th Street and 12th Street, on the
Balboa Peninsula.
ZONE: R -3
APPLdCANTS: Anatoly Vanetik and Lev Amusin, Santa Ana
OWNERS: Same as applicants
The public hearing was opened in connection with this item, and
Mr. Todd Schooler, 503 - 32nd Street, appeared before the
Planning Commission, on behalf of the applicants. Mr. Schooler
concurred with the findings and conditions in Exhibit "A".
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
on
Ayes
Motion was made and voted on to approve Resubdivision No.
896, subject to the findings and conditions in Exhibit "A".
MOTION CARRIED.
FINDINGS:
1. That the design of the subdivision improvements will not
conflict with any easements acquired by the public at large
for access through or use of the property within the
proposed subdivision.
2. 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.
3. That the proposed resubdivision presents no problems
from a planning standpoint.
4. That public improvements may be required of a developer
per Section 19.08.020 of the Municipal Code and Section
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66415 of the Subdivision Map Act.
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1. That a parcel map be recorded prior to occupancy or
unless otherwise approved by the Public Works
Department and that the Parcel Map be prepared using
the State Plane Coordinate System as a basis of bearing.
2. That all improvements be constructed as required by
Ordinance and the Public Works Department.
3. That the arrangements be made with the Public Works
Department in order to guarantee satisfactory completion
of the public improvements, if it is desired to record a
parcel map or obtain a building permit prior to
completion of the public improvements.
4. That each dwelling unit be served with an individual water
service and sewer lateral connection to the public water
and sewer systems unless otherwise approved by the Public
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Works Department.
5. That the existing curb cut on West Balboa Boulevard be
removed and that all detriorated curb and sidewalk be
reonstructed along the West Balboa Boulevard frontage
under an Encroachment Permit issued by the Public
Works Department.
6. That all vehicular access to the property be from the
adjacent alley.
7. That County Sanitation District fees be paid prior to
issuance of any building permits.
8. That the Public Works Department plan check and
inspection fee be paid.
9. That Coastal Commission approval shall be obtained prior
to the recordation of the parcel map.
10. That this resubdivision shall expire if the map has not
been recorded within 3 years of the date of approval,
unless an extension is granted by the Planning
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Commission.
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Modification No. 3533 (Continued Public Hearing)
Item No.2
Mod 3533
Request to permit the construction of a garage, a portion
of which is 14± feet wide and encroaches up to 2 feet into
the required 6 foot rear yard setback.
Approved
LOCATION: Lot 241, Tract No. 4224, located at 1369
Galaxy Drive, on the northerly side of
Galaxy Drive., between Rigel Circle and
Polaris Drive, in Dover Shores.
ZONE: R -1 -B
APPLICANTS: Robert Dabrowski and Tina Seri, Newport
Beach
OWNER: Same as applicant
APPELLANT: Roland W. Day II, Newport Beach
The public hearing was opened in connection with this item,
and Robert Dabrowski and Tina Seri, applicants, appeared
before the Planning Commission. 'Mr. Dabrowski explained
the request approved by the Modifications Committee on
April 18, 1989, consists of a three car garage at the rear
of the property where a portion of the structure would
encroach into the rear yard setback area so as to allow
space for a vehicular turning area. Mr. Dabrowski
explained that the structure has been redesigned to
accommodate the appellant's concerns with respect to
preserving the 20 foot to 30 foot trees at the rear of the
property. Mr. Dabrowski addressed the concerns that have
been expressed with respect to the restricted movement of
light and air. He stated that the applicants have received
approval of the modification from almost all of the
neighbors with the exception of Mr. Day and two of his
neighbors. Mr. Dabrowski stated that Mr. Day presented a
contract to the applicants requesting that they grant Mr.
Day control of the applicants' rear property, and that the
applicants share the cost of maintenance with the
appellant.
Commissioner Edwards asked if the applicants would accept
an added condition stating that they would agree to
maintain the existing landscaping between the garage and
the rear property line. Mr. Dabrowski replied that the
applicants have made a verbal commitment to maintain the
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existing landscaping in the event any landscaping would be
destroyed during construction. Following a discussion with
the Planning Commission, Mr. Dabrowski agreed to a
condition stating that the applicants would replace
destroyed landscaping. Commissioner Merrill commented that
well- maintained landscaping would screen the garage.
James Hewicker, Planning Director, addressed the proposed
21 square foot encroachment proposed for the third parking
space, and he explained that if a space with a depth of 17
feet 6 inches were provided, it would not require an
encroachment into the rear yard setback and still be 6
inches deeper than what the City has adopted as a
"Universal" parking space and 2 feet longer than what is
normally considered to be an acceptable depth for a compact
parking space. Mr. Dabrowski explained that the additional
depth in the garage provides a more adequate passage area
to the gated backyard. Mr. Hewicker commented that the City
requires a 24 foot deep backup area and the applicants are
providing 27 feet.
Mr. Roland Day, 1 Hampshire Court, Appellant, appeared
before the Planning Commission. Mr. Day disagreed that
the requested agreement would give him control of the
property; however, the agreement guarantees that trees
would remain on the property along their common property
line. He explained that a garage adjacent to the rear wall
of his property would affect the value of his property.
Mr. Day stated that he is willing to concede 2 feet into
the setback area as required by the City.
In response to a question posed by Chairman Pomeroy, Mr.
Day agreed to a condition stating that landscaping be
maintained and that any landscaping that would die would
be replaced with similar landscaping. Mr. Day requested
that landscaping closest to the fence be replaced with
landscaping of adequate height to cover up the garage. In
response to questions posed by Commissioner Merrill, Mr.
Day replied that there is an existing 6 foot fence, and he
would agree to landscaping extending over 6 feet.
Motion
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Motion was made to approve Modification No. 3533, subject
to the findings and conditions in Exhibit "A ", adding
Condition No. 2 stating "that the applicants maintain
existing landscaping and replace with similar landscaping."
Commissioner Person stated that the Modification was
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reasonable, and that he agreed to the foregoing condition
on the basis that the applicants supported said condition.
Discussion ensued between Chairman Pomeroy and Commissioner
Merrill with respect to the acceptable height of the
replaced landscaping. Commissioner Person accepted an
amendment to the motion that the recommended height of the
trees be 6 feet to 8 feet.
Commissioner Debay and Commissioner Merrill addressed what
affect the excavation of the garage would have on the tree
roots and the planting area.
Motion was voted on to approve Modification No. 3533
subject to the findings and conditions in Exhibit "A ",
adding Condition No. 2 stating "That the applicants shall
maintain existing landscaping between the three car garage
and the rear property line, and if any trees die, said
trees shall be replaced with 15 gallon trees, with minimum
heights of 6 feet to 8 feet. MOTION CARRIED.
FINDINGS:
1. That the proposed construction is a logical use of
the property that would be precluded by strict
application of the zoning requirements for this
District.
2. That the proposed encroachment is a reasonable design
solution and compromise for the irregularly shaped
lot.
3. That the proposed encroachment will not affect the
flow of air and light to adjoining residential
properties inasmuch as the existing landscaping on
the site has a greater impact.
4. That the proposed construction will not obstruct
views from adjoining residential properties.
5. That the proposed setback encroachment is minor in
nature.
6. That the encroachment is necessary to facilitate
accessibility to a proposed third garage space.
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7. That the structure to rear of the subject property
is located more than 30 feet from the proposed
construction.
8. That the proposed structure is substantially lower
in height than permitted by the Zoning Ordinance.
CONDITION
1. That development shall be in substantial
conformance with the approved plot plan, floor
plans and elevations.
2. That the applicants shall maintain existing
landscaping between the three car garage and the
rear property line, and if any trees die, said trees
shall be replaced with 15 gallon trees with minimum
heights of 6 feet to 8 feet.
Use Permit No. 1581 (Amended)(Public Hearlaa
Item No.3
Request to amend a previously approved use permit which
UP1581A
permitted the establishment of the Red Onion Restaurant
with live entertainment and on -sale alcoholic beverages on
Approved
property located in the SP -6 District. The proposed
amendment involves a request to add dancing in conjunction
with the live entertainment located within the upstairs
lounge area. Said dancing will be limited to the hours
between 10:00 p.m. and 1:30 a.m. nightly, after the
kitchen and dining areas are closed.
LOCATION: Parcel No. 1 of Parcel Map 57 -25
(Resubdivision No. 375) located at 2406
Newport Boulevard, on the easterly side
of Newport Boulevard, southerly of 26th
Street, on the Balboa Peninsula.
ZONE: SP -6
APPLICANTS: Steve and Rick Loomis (The Red Onion),
Newport Beach
OWNER: Mrs. Jean Belden, Newport Beach
The public hearing was opened in connection with this
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item, and Messrs. Steve and Rick Loomis, applicants,
appeared before the Planning Commission. They concurred
with the findings and conditions in Exhibit "A ".
Mr. Rick Loomis requested clarification of Condition No.
9 with respect to Coastal Commission approval. James
Hewicker, Planning Director, explained that the condition
is a formality and puts the applicants on notice that any
discretionary action approved by the City requires action
by the Coastal Commission.
Commissioner Debay referred to the staff report addendum
that lists the offenses and the number for each offense at
the Red Onion Restaurant, submitted by the Police
Department as the result of consumption of alcohol from
January, 1988, to June 9, 1989. Commissioner Debay asked
how the bartender screens the amount of alcohol served to
the customers. Steve Loomis stated that the valet
attendants, management, and door attendants are trained to
watch for intoxicated customers coming into the
restaurant. He said that on a number of occasions when
individuals were cited by the Police Department, those
same individuals had been turned away from the restaurant
prior to entering the restaurant. He said that because the
individual's automobile was in the parking lot, the
offender will state that he was last at the restaurant.
Steve Loomis explained that customers often park their
automobiles in the Red Onion Restaurant's parking lot, and
patronize nearby establishments before entering the
restaurant. Rick Loomis stated that the one listed offense
with respect to overcrowding was an offense that was the
City's error and has been modified. In reference to the
drunk on a bike offense, Mr. Loomis stated that it was not
certain if the offender had been drinking at the
restaurant even if the bicycle was on the property. In
response to the Police Department's concerns that dancing
will result in more drinking, Steve Loomis replied that
the customers drink less when they are dancing.
Commissioner Person stated that considering the
restaurant's volume over an 18 month period, that the six
"drunk in public" offensives is not excessive.
Commissioner Person stated that the overcrowding,
subsequently refigured and corrected, pertains to the
extra square footage that was allowed four years ago. He
further stated that the applicants carefully watch the
number of people that are allowed upstairs. Commissioner
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Person stated that the 15 "driving under the influence of
alcohol" infractions is not an excessive number, and the
individuals could have been drinking at nearby
establishments. Commissioner Person addressed the
correlation between the number of contacts and dancing,
and he said that the City needs to be concerned if dancing
inherently creates problems.
Steve Loomis stated that at a recent Police Department
seminar relating to alcohol, he spoke to Police Officer
Payoyo who has been on nightwatch for more than four years
on the Balboa Peninsula, and Officer Payoyo reported that
the restaurant has never given the Police Department any
problems. Mr. Loomis explained that the time the
restaurant initially contacts the Police Department is
when the report is recorded.
In response to numerous questions posed by Commissioner
Merrill, Steve and Rick Loomis replied that the restaurant
contacts the Police Department if they think a customer
could be a problem, and they try to correct the problem
before the customer enters the restaurant. Rick Loomis
is stated that based on owning and operating the Red Onion
Restaurant for several years, they have a good chance of
spotting a potential problem, and they attempt to correct
the problem immediately. He further stated that they do
not hesitate contacting the Police Department if there is
an element that they do not want in the restaurant.
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Commissioner Di Sano expressed his concern with respect to
the offenses as they were reported in the staff report
addendum. He stated that it was unfair to the applicants
inasmuch as the Planning Commission cannot determine how
the figures compare to the other restaurants in the City
of similar size and type. Commissioner Person agreed that
it was unfair, and he stated that the concerns came up in
the same manner at the June 21, 1984, Planning Commission
meeting.
In response to questions posed by Commissioner Winburn,
Steve Loomis replied that Fridays,, Saturdays, and Sundays
are the busiest times when the crowds are controlled by
keeping the customers outside the building. He stated
that there are doormen downstairs and upstairs as well as
two managers on the floor on the weekends. In response to
a question posed by Commissioner Winburn with respect to
Condition No. 11, stating that "the dance floor shall be
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increased to a minimum size of 400 square feet unless said
permit is approved for a smaller floor. ", Mr. Loomis
replied that the applicants would abide by said condition.
In response to a question posed by Commissioner Person
with respect to the upstairs occupant load, Mr. Hewicker
explained that the dance floor increases the occupant load
of the building. William Laycock, Current Planning
Manager, explained that the occupant load of a dance floor
is calculated at 7 square feet per person compared to a
typical restaurant's floor area of 15 square feet per
person.
Mr. Hewicker stated that he has observed a red sports car
parked in the restaurant's handicapped parking stall
illegally inasmuch as he was informed that the automobile
owner is not handicapped. Rick Loomis replied that he is
the owner of said automobile. Mr. Loomis explained that
when a valet is on duty an individual attending the
restaurant may have his or her automobile parked in the
handicapped parking stall; however, if a handicapped
person arrives and wants to park in the handicapped
parking stall, the automobile that is parked in said stall
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is removed, parked elsewhere, and the handicapped person's
automobile is parked in the handicapped stall. Mr. Loomis
further explained that if a valet is not on duty, the
handicapped parking stall is only available to the
handicapped.
Rich Edmonston, City Traffic Engineer, explained that to
valet park an automobile for the handicapped is not
consistent with the California Vehicle Code governing
handicap parking. Rick Loomis stated that a State
representative informed him that it is legal for a valet
to park automobiles for handicapped persons. Mr.
Edmonston explained that the State Architect Office
advised him that valet parking a vehicle for the
handicapped is completely unacceptable inasmuch as many of
the vehicles have control devices that would be unsafe to
an unfamiliar person. In response to Chairman Pomeroy and
Commissioner Person, Mr. Edmonston stated that the valet
cannot be the only option to a handicap person.
Discussion ensued between Rick Loomis, Commissioner
Winburn, Commissioner Merrill, and Mr. Edmonston with
respect to valet attendant's parking handicapped
vehicles, and if the Police Department can cite
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automobiles that are parked in handicapped parking stalls
by valets that were not marked as handicapped vehicles.
Chairman Pomeroy recommended that Condition No. 12 be
amended to state that "...shall be identified by one
handicapped sign on a post and one handicapped sign on the
pavement."
Chairman Pomeroy, Commissioner Winburn, Commissioner
Edwards, and Mr. Hewicker addressed how to enforce the
handicapped parking regulations. Commissioner Winburn
stated that if the law specifies that the handicapped
parking space shall remain open only for handicapped
vehicles, then establishments throughout the City should
be put on notice because valet parked automobiles are
always parked in handicapped parking spaces and said
automobiles are only removed upon request. Commissioner
Edwards stated that it was his understanding that the
handicapped parking stall shall remain open and can only
be occupied by an automobile that has a handicapped
sticker, and if a vehicle is parked in a handicapped stall
without a sticker it is in violation of the law. Carol
Korade, Assistant City Attorney, stated that the law does
not address valet parking per se, but when valet parking
occurs, handicapped parking spaces must be accessible to
the handicapped at all times.
Mr. Sid Soffer, 900 Arbor Street, Costa Mesa, appeared
before the Planning Commission to address the handicapped
parking stall; the Police Department log; and the
correlation between drinking and dancing and the size of
the dance floor.
Mr. Greg Cook, 7 Swift Court, appeared before the Planning
Commission in support of the applicants' request for a
dance floor. He stated that the Red Onion Restaurant has
done a good job of policing the parking lot and the
establishment.
Mr. Dwight Belden, 1350 West Bay Avenue, son of the
property owner, appeared before the Planning Commission.
Mr. Belden stated the overcrowding citation that was
issued during the past 18 months has been modified. He
stated that the property owners concur with the conditions
of the use permit and support the applicants' request;
that the applicants are no longer a part of the original
Red Onion Restaurant enterprise; that they operate a
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quality establishment; that the applicants confront and
follow through with any problems that occur; and the
property owners fully support any permits that Rick and
Steve Loomis may request.
Mr. Dean Sweeney, 105 Via Yells, appeared before the
Planning Commission to state his support of the request
for a dance floor inasmuch as dancing would be good clean
fun and would be advantageous to the restaurant and to the
community.
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
Motion
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Motion was made to approve Use Permit No. 1581 (Amended)
subject to the findings and conditions in Exhibit "A ",
that Condition No. 12 shall be modified to state "..and a
handicapped sign on the pavement."
In response to a question posed by Commissioner Debay,
Chairman Pomeroy replied that the handicapped parking
requirements shall be enforced according to the law, that
there would be no special consideration for valet parking,
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and the handicapped parking space would always be
available for the handicapped.
Commissioner Person stated that the operators of the Red
Onion Restaurant have been good over the years, contrary
to the offenses reported in the addendum to the staff
report.
Motion was voted on to approve Use Permit No. 1581
(Amended) subject to the findings and conditions in
All Ayes
Exhibit "A ", including modified Condition No. 12. MOTION
CARRIED.
Findings:
1. That the proposed development is consistent with the
General Plan and the Local Coastal Program Land Use
Plan and is compatible with surrounding land uses.
2. The proposed addition of dancing to the existing use
will not have any significant environmental impact,
inasmuch as there is adequate parking on -site to
meet City requirements.
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3. That off -site parking areas are located so as to be
useful to the restaurant use with dancing in
addition to the on -site parking.
4. That adequate parking exists to serve the proposed
restaurant and related activities given that the
restaurant use and the dancing will not occur
concurrently.
5. That the waiver of development standards as they
pertain to walls, parking lot illumination, and
landscaping will not be detrimental to the adjoining
properties.
6. That the approval of Use Permit No. 1581 (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.
• Conditions
1. That development shall be in substantial conformance
with the approved plot plan and floor plans, except
as noted below.
2. That the sound from the live entertainment and
dancing shall be confined to the interior of the
structure; and further that all windows and doors
within the restaurant shall be closed when live
entertainment and dancing are conducted on the site.
3. That all previous applicable conditions of approval
for Use Permit No. 1581 (Amended) shall be
fulfilled.
4. That a minimum of one parking space for each 35
square feet of "net public area" (i.e. 45 spaces)
shall be provided for the proposed use of the lounge
and lobby area for the restaurant and that any
proposed increase in the size of the area devoted to
dancing or the bar area shall require the approval
of an amendment to the use permit.
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5. That the hours of operation for the proposed dancing
shall be limited from 10:00 p.m, to 1:30 a.m.
nightly.
6. That the dining area on the first floor shall be
closed to the public after 10:00 p.m. daily if
dancing is provided on the second floor.
7. That the entire site shall be maintained in a clean
and orderly manner.
8. That no outdoor loudspeaker or paging system shall
be permitted in conjunction with the proposed
operation.
9. That the applicant shall obtain Coastal Commission
approval of this application prior to initiating the
proposed dancing.
10. All applicable conditions of approval shall be
implemented prior to the initiation of the proposed
dancing.
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11. That a Cafe Dance Permit for the proposed dancing
shall be approved by the City. The dance floor
shall be increased to a minimum size of 400 sq.ft.
unless said permit is approved for a smaller floor.
12. That the required handicapped parking space shall be
relocated to its original site adjacent to the
building. Said parking space shall be used solely
for handicapped self - parking and shall be identified
by one handicapped sign on a post and one
handicapped sign on the pavement. '
13. That the shrubbery in the planters adjacent to
Newport Boulevard be replanted or trimmed to provide
sight distance in conformance with City Std. 110 -L
and as approved by the Public Works Department.
14. 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
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injury, or is detrimental to the health, safety,
peace, morals, comfort, or general welfare of the
community.
15. That this Use Permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090A of the Newport Beach
Municipal Code.
General Plan Amendment 89 -2 (Discussion)
Item No.4
Request to amend the General Plan Land Use Element and the
Local Coastal Program Land Use Plan as follows:
GPA 89 -2
A. Santa Ana Heights Land Use: A proposal by staff to
redesignate properties northwesterly of the adopted
(A)
alignment for Birch Street/Mesa Drive from Single Family
Initiated
Detached to Administrative, Professional and Financial
Commercial and establish floor are limits consistent with
the business park uses in the Santa Ana Height Specific
Otion
Plan.
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Motion was made and voted on to initiate General Plan
All Ayes
Amendment No. 89 -2(A). MOTION CARRIED.
B. Balboa Peninsula Zoning Study: A proposal by staff
(B)
to initiate a Balboa Peninsula Zoning Density Study which
Not
would involve amendments to the Land Use Element and the
Initiated
Local Coastal Program Land Use Plan, as well as the
residential Zoning Districts. The purpose of the study
would be to reconsider raising the Two- Family Residential
density standards from 2,000 square feet per unit to 2,375
square feet per dwelling unit, and also to consider
changing some "Multi - Family Residential" areas to "Two -
Family Residential." The study would potentially effect
R -2 properties Citywide.
Motion
*
Motion was made and voted on to not initiate General Plan
All Ayes
Amendment No.. 89 -2(B) based on staff's workload in an
attempt to adopt the Zoning Ordinance of the General Plan,
and to defer said item to the next initiation in October,
1989. MOTION CARRIED.
C. Old Newport Boulevard: Request of Owen Minney to
(C)
allow residential /commercial mixed use in the "island" area
Initiated
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between Old Newport Boulevard and Newport Boulevard (SR 55)
in the Old Newport Boulevard Specific Plan Area.
Commissioner Winburn, Commissioner Person, and Planning
Director Hewicker, addressed the issue of
residential /commercial mixed use on the island between Old
Newport Boulevard and Newport Boulevard during the General
Plan Update hearings. Mr. Hewicker suggested that
previously approved initiated amendments receive priority
over the subject request.
Motion
*
Motion was made and voted on to initiate General Plan
All Ayes
Amendment No. 89 -2(C). MOTION CARRIED.
D. 19th and Balboa Residential: Request of William
(D)
Tepper to change the land use designation of the General
Initiated
Plan Land Use Element and the Local Coastal Program Land
Use Plan from Retail and Service Commercial to Multi - Family
Residential at 1900 West Balboa Boulevard in the McFadden
Square area.
Motion
*
Motion was made and voted on to initiate General Plan
• Ayes
Amendment No. 89 -2(D). MOTION CARRIED.
E. Spyglass Hill: Request of George Awed to allow
(E)
subdivision of an existing lot into two lots for Single
Initiated
Family Detached development at 15 Muir Beach Circle.
Commissioner Merrill stated that a structure is located on
60 percent of two combined lots, and a tennis court on 40
percent of the lots. Commissioner Merrill and Director
Hewicker discussed the feasibility of a lot split, and the
size and configuration of said lots.
Motion
*
Motion was made and voted on to initiate General Plan
Ayes
*
*
*
*
*
*
Amendment No. 89 -2(E). MOTION CARRIED.
No
F. Zonta Club Site: Request of Mesa Development
(F)
Company to amend the General Plan Land Use Element to
Initiated
change the land use designation from Governmental,
Educational and Institutional Facilities to Multi - Family
Residential with one unit allowed for each 2,178 sq.ft. of
land area in Newport Heights.
G. Lido Marina Village: Request of Altoon and Porter,
(G)
Architects to amend the General Plan Land Use Element and
Initiated
the Local Coastal Program Land Use Plan to allow conversion
s
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of the City National Bank Building to residential and to
allow approximately 30,000 sq.ft, of additional retail
commercial development in Lido Village.
H. Balboa Island Fire Station: A proposal by staff to
amend the General Plan Land Use Element and the Local
(H)
Coastal Program Land Use Plan to change the land use
Initiated
designation of the Fire Station site on Balboa Island to
Retail and Service Commercial, and the service station site
at the corner of Park Avenue and Marine Avenue to
Governmental, Educational and Institutional Facilities.
I. 205 Orange Street: Request of Mark Fairbanks to
amend the General Plan Land Use Element and the Local
(I)
Coastal Program Land Use Plan to change the designation of
Initiated
the site located at 205 Orange Street from Retail and
Service Commercial to Two - Family Residential in the Newport
Shores Specific Plan Area.
J. "Commuter" Roadway: A proposal by staff to amend
the General Plan Circulation Element to add a roadway
(J)
classification for a "Commuter" 2 Lanes Undivided, and
Initiated
classify Marguerite Avenue between East Coast Highway and
5th Avenue in Corona del Mar as a "Commuter" roadway.
Motion was made and voted on to initiate General Plan
Motion
*
Amendments No. 89 -2 (F), (G), (H), (I), and (J). MOTION
All Ayes
CARRIED.
K. Request to amend the General Plan Land Use Element
(K)
for the Bayside Drive Open Space area in order to allow
Initiated
construction of a 3,740 square foot addition to the Balboa
Yacht Club.
Commissioner Winburn stated that inasmuch as the request
was submitted just prior to the subject Planning Commission
meeting, the request should not be considered a priority
Motion
*
item. Motion was made and voted on to initiate General Plan
All Ayes
Amendment No. 89 -2(K). MOTION CARRIED.
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DISCUSSION ITEMS
D -1
Use Permit No. 3321
UP 3321
Request to consider recommending the revocation of Use
Set for
Permit No. 3321, Newport Sound Waves, on property located
8 -10 -89
at 2906 West Coast Highway, for failure to comply with
PH
specific conditions of approval.
LOCATION: A portion of Lot F, Tract No. 919,
located at 2906 West Coast Highway, on
the northerly side of West Coast Highway,
between North Newport Boulevard and
Riverside Avenue, in Mariner's Mile.
ZONE: SP -5,
APPLICANTS: Nancy and Robert Clark
OWNER: Robert Brandy, Pauma Valley
Motion.
*
Motion was made and voted on to set Use Permit No. 3321 for
Ayes
public hearing at the August 10, 1989, Planning Commission
meeting so as to consider revocation or to add or modify
conditions of approval to said use permit. MOTION CARRIED.
Use Permit No. 1677 (Amended) and Variance No. 1106
D -2
Planning Commission review of Use Permit No. 1677 (Amended)
UP1677A
and Variance No. 1106, Stuft Noodle Restaurant, on property
located at 215 -217 Riverside Avenue.
Set for
7 -20 -89
LOCATION: A portion of Lot D, Tract No. 919,
PH
located at 215 -217 Riverside Avenue, on
the northwesterly corner of Riverside
Avenue and Avon Street, across Avon
Street from the United States Post
Office.
ZONE: SP -5
APPLICANT: Stuft Noodle Restaurant, Newport Beach
OWNER: Ms. Nelly Brandsma, Newport Beach
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Motion
*
Notion was made and voted on to set this matter for public
All Ayes
hearing at the Planning. Commission meeting of July 20,
1989, so as to consider adding or modifying conditions of
approval to said use permit. MOTION ChRRIED.
The Planning Commission meeting was adjourned in honor of
Winburn.
Commissioner Joan Winburn.
Honor
Commissioner Winburn expressed her appreciation to staff
and the Planning Commission during her eight years as a
Commissioner.
ADJOURNMENT: 9:05 p.m.
Adjournment
GARY DI SANO, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
i
•
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