Loading...
HomeMy WebLinkAbout07/07/1983MMISS10NERS REGULAR PLANNING COMMISSION PLACE: - City Council TIME: 7:30 p.m. MEETING Chambers s� DATE: July 7, 1983 m m City of Newport Beach MINUTES 8011 CALL 1 1 1 1 1 1 1 1 1 INDEX P All present. *x* EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, City Attorney STAFF MEMBERS PRESENT: William. R. Laycock, Current Planning Administrator Donald Webb, City Engineer Nancy M. Alvidrez, Secretary *x* Chairman King opened the meeting with the first item being the Election of Officers. • I III I ELECTION OF OFFICERS Motion I I I Ix I I I I Motion was made to nominate Commissioner King as Chairman. Motion I I IXI I I I I Motion was then made to nominate Commissioner Goff as Chairman. Commissioner King was elected Chairman by secret ballot. FIRST VICE - CHAIRMAN: Motion x - Motion was made to nominate Commissioner Winburn as First Vice - Chairman, which MOTION CARRIED. SECOND VICE- CHAIRMAN: Motion X Motion was made to nominate Commissioner Goff as Second Vice- Chairman, which MOTION CARRIED. SECRETARY: n X Motion was made to nominate Commissioner Person as Secretary, which MOTION CARRIED. � r c m a '0 m j O - July 7, 1983 on1 APPROVAL OF THE MINUTES Minutes of June 23, 1983 Motion was made for approval of the June 9, 1983, Planning Commission Minutes, as written, which MOTION CARRIED. cerr Request to amend the Harbor View Hills Planned Community text so as to include 2.4 acres of the Metropolitan Water District Reservoir site (Annexation No. 89) within the boundaries of the Planned Community and designate said land for reservoir caretakers' use. The proposal also includes the addition of a 1.1 acre site (Resubdivision No. 734) for three custom residential lots, to Area it of the Planned Community, and the acceptance of an environmental document. The proposal will also amend a portion of Districting Map No. 63 so as to reclassify both sites from the Unclassified District to the Planned Community (P -C) District. LOCATION: A portion of Block 97 of Irvine's Subdivision, located at 34 and 36 Ridgeline Drive and 1, 2 and 3 Strafford, on the northerly side of Ridgeline Drive, southerly of Napoli and adjacent to Area 11 of the Harbor View Hills Planned Community. ZONE: Unclassified APPLICANTS: The Irvine Company, Newport Beach and the Metropolitan Water District of Southern California, Los Angeles OWNERS: Same as applicants Staff advised that the applicant for Item No. 1 - Amendment No. 590, has requested that this item be continued to the Planning Commission Meeting of July 21, 1983. Dave Dmohowski, of The Irvine Company, stated that there is no problem with continuing Item No. 1 to the Planning Commission Meeting.of August 4, 1983. Motion X Motion was made to continue Item No. 1 to the Planning All Ayes X X X X Commission Meeting of August 4, 1983, which MOTION CARRIED. - 2 - MINUTES INDEX 590 Continued • • MN &90NERS MINUTES July 7, 1983 � x v m m X °. City Of Newport Beach INDEX Request to change the operational characteristics of a Item #2 previously established restaurant with on -sale alcoholic beverages (i.e. Class of 47) so as to discontinue the service of food and operate the facility as a cocktail lounge. The proposal also includes a request to establish a take -out restaurant with incidental seating and on -sale beer and wine, and a request to waive all of the required off - street parking spaces in conjunction with the take -out restaurant use. LOCATION: Lots No. 5, 6 and 7, Block 5, Balboa USE PERMIT Tract, located at 209 and 209 Palm NO. 3041 Street, on the southwesterly corner of Palm Street and East Bay Avenue, in _ Central Balboa. ZONE: C -1 APPLICANT: Bruce Davidson, Balboa OWNER: Estate of Albert Gilbert; Security Pacific Bank, Administrator, Newport Beach Mr. Hewicker stated that staff has suggested that this Continued item be broken down into two separate hearing items; to 'August one dealing with "Papagayo's ", and one dealing with the 4,'1983 "Class of 47" and that the matters be considered at the Planning Commission Meeting of July 21, 1983. Because of his prior involvement in the Balboa Improvement Association, Commissioner Person wished to step down from any considerations on Items No. 2 & 3. Mr. Robert Stanley, for Bruce Davidson - the applicant,, stated that the reason given for the request to be continued is so that the application can be split into two different parts and be considered separately. Mr. Stanley also stated that they are opposed to this for two reasons: 1) the merits of both cases were covered separately in the staff report and 2) "Papagayo's" stands to fall depending on what happens to the "Class of 47 ", inasmuch as "Papagayo's" has a lease with the "Class of 47 ". Commission Goff asked Mr. Stanley how the revocation of Use Permit for the "Class of 47" would in .fact affect Papagayo's. - 3 - • Motion Ayes Abstain ` 1 MMISSIONERS MINUTES July 7, 1983 � r v m w I m m ° . City of Newport Beach In response to Commissioner Goff's question, Mr. Stanley replied that if the "Class of 47" sells its lease because it is unable to continue its operation as a cocktail lounge, then "Papagayo's" will no longer have a . lease because it is contingent upon the "Class of 47" not selling its lease. Commissioner Goff asked staff what would be the possibility of hearing the Use Permit for "Papagayo's" tonight and hearing the revocation "Class of 47" use permit at a future date. ; In response to Commissioner Goff's question, Planning Director Hewicker stated that the only hearing noticed is that for Use Permit No. 3041 which was a modification in the operational characteristics of the "Class of 47" and the establishment of a new take -out restaurant on the site which was "Papagayo's ". It was originally set up as one application, but it was on the instruction of the Planning Commission two weeks ago, that staff has now broken it into two parts and has suggested that the items may be separately renoticed for public hearings. Mr. Hewicker explained that there would be no new filing fee on the "Class of 47" application. City Attorney Burnham stated that he did not wish speak to the merits of the application with respect to the "Class of 47" since there was no one there representing that business. Mr. Burnham also stated that staff's recommendation, contrary to what Mr. Stanley thinks, is an effort to sort this item out so that it would clarify the respective rights of the "Class of 47" and "Papagayo's ", and also would enable the Planning Commission to take cognizance. of what appears to be a violation of the use permit that is presently held by . the "Class of 47 ". Chairman King suggested that if possible, a copy of the lease be given to the City Attorney. lllx Motion was made to continue this item to the Planning X X X Commission Meeting of July 21, 1983, so that the "Class g of 47" may be made a separate part of the Commission proceedings, which MOTION CARRIED. Request to establish a take -out restaurant facility with incidental dining in the Balboa Bakery on property located in the. C -1 District. The proposal also INDEX Item #3 C�MMSSIONERS 3 x e � S 3 m m o m MINUTES July 7,'1983 City of Newport Beach ROIL CALL H I I I INDEX staff to provide them with some information regarding includes a request to waive all of the required how this particular violation was brought to the off- street parking spaces for said take -out restaurant. attention of the City. Preceding the meeting, Planning LOCATION: Lot No. 7, Resubdivision of Block 9, USE PERMIT Director Hewicker stated that he reviewed the files of Balboa Tract, located at 301 Main Street, NO. 3042 the Code Enforcement Officer and the indication is on the northwesterly corner of Main Street that on April 25th, Bill Laycock was informed that the and East Bay Avenue, in Central Balboa. bakery had added tables and chairs to the business ZONE: C -1 Officer to go by the business and inform them of the APPLICANT: Hoa Christianson, Balboa fact that a use permit would be required and also to OWNER: Same as applicant Mr. Hewicker advised that the applicant for Item No. 3 - Use Permit No. 3042, has requested that this item be continued to the Planning Commission Meeting of the July 21, 1983. - 5 - At the last meeting the Planning Commission requested staff to provide them with some information regarding how this particular violation was brought to the attention of the City. Preceding the meeting, Planning Director Hewicker stated that he reviewed the files of the Code Enforcement Officer and the indication is that on April 25th, Bill Laycock was informed that the bakery had added tables and chairs to the business establishment. Mr. Laycock asked the Code Enforcement Officer to go by the business and inform them of the fact that a use permit would be required and also to discuss with them the problems that would be created by the fact that there was a lack of parking in the area. On the 28th of April, the Code Enforcement Officer went to the premises, investigated, took pictures, and informed the applicant to remove the tables and the chairs. Three weeks later, on the 17th of May, nothing had happened, so the Planning Department wrote a letter to the applicant again informing him to eliminate the tables and chairs and arrange for a reinspection on or before May 23rd. Staff also advised them that a further violation would be referred to the City Attorney's Office. On the 23rd of May, the applicant called the Planning Department and asked for some additional time until the 26th of May to submit the application for the use permit. The application was submitted on the 26th of May, the first Planning Commission hearing was on June 23rd and at that time it was continued until this evening. - 5 - COMMISSIONERS MINUTES July 7, 1983 g r S v m m m o 0 City of Newport Beach ROLL CALL INDEX Mr. Hewicker further stated that the applicant. is now requesting that the item be continued to the August 4, 1983 Planning Commission Meeting. In response to Commissioner Winburn's question, Mr. Laycock stated that the applicant has had an operation, and therefore, has been unable to attend the Planning Commission meeting. However, for the past month since they were aware of the problem, the menu has been taken down, no food has been served in the bakery, other than for bakery items and they would like a continuance to the first meeting in August or perhaps to the second meeting in August depending upon how well the applicant recovers. Therefore, the request for continuance is so that she may appear in person. Motion X Motion was made to continue this item to the Planning Ayes X X X X X Commission Meeting of August 4, 1983, which MOTION Abstain X CARRIED. •xx Request to consider revocation proceedings on Use Item #4 Permit No. 1852 that permitted the establishment of Hassan's Cafe with on -sale beer and wine in the C -1 District. Said revocation proceedings are in conjunction with the failure of the applicant to purchase required in -lieu parking permits from the City. LOCATION: Portions of Lots 3 and 7 of Section 28, USE PERMIT Township 6 South, Range 10 West, San NO. 1852 Bernardino Meridian, located at 3325 Newport Boulevard, on the westerly side of Newport Boulevard between Finley Avenue and 32nd Street, in Central Newport. ZONE: C -1 APPLICANT: Hassan Hassan, La Habra .OWNERS: John P. Myers and Maxine Myers, Los Angeles ' Planning Director Hewicker stated that the Planning Continued' Commission initiated this particular revocation to August proceeding and it is now the recommendation of the City 18, 1983 Attorney that the matter be removed from the calendar and that the City continue to work with the applicant to collect the fees that are due the City. The 3 � 9 m m c m? 6 x ) m 5 o 3 3 m b= W July 7, 1983 z] applicant in in parking restaurant. this particular case is behind two years fees and is continuing to operate the Chairman King asked the City Attorney what would constitute a reasonable time for noticing, or for a response time to letters written by the City Attorney's Office? In response to Chairman King's question, Mr. Burnham stated that 30 days would be a reasonable time. Mr. Burnham stated that he has had two personal conversations with Mr. Hassan Hassan, and there is a reasonable probability that the Attorney's Office will be able to resolve the payment of the in -lieu fees. It is believed that he is operating only in the evenings and there are certain points that he has raised with the Attorney's office with respect to the in -lieu fees and with respect to the nature of his business, the City Attorney's office would like to examine a little further. Motion XI I Motion was made to continue this item to the Planning All Ayes I XIX.IX IX I J XI XI Commission Meeting of August 18, 1983, which MOTION Request to permit the use of a temporary relocatable building for office and storage uses in the SP -5 District. and Request to waive all of the required off - street parking spaces in conjunction with the use of a temporary relocatable building for office and storage uses in the SP -5 District. LOCATION: A portion of Lot H, Tract No. 919, located at 2633 West Coast Highway, on the southerly side of West Coast Highway between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. I I I I (I APPLICANT: James F. Parker, Newport Beach OWNER: Estate of Nelson A. Gray, Upland - 7 - MINUTES INDEX Item #5 USE PERM NO. 3043 AND Item #6 VARIANCE No. 1102 3 � s,. r y m w c C '0 m �o_ July 7, 1983 of Newport Beach Mr. Hewicker stated that a letter was received from Mr. James Parker, the attorney representing the applicant requesting a continuance to the Planning ZONE: C -1 APPLICANT: Raymond Baratta, Newport Beach OWNER: Traweek Investment Fund, Marina del Ray Mr. Hewicker stated that staff recommended this item be removed from the calendar. ADDITIONAL BUSINESS Mr. Hewicker stated that the only action necessary is to set the public hearing in conjunction with revocation proceedings of Use Permit no. 1434 - Novak's Place. This is a business which is involved in the sale of alcoholic beverages on East Coast Highway in Corona del Mar. The City has received letters in the past regarding the operation of the business, and in the past week to ten days, both the Planning Department and the City Attorney's Office have received numerous letters regarding a continuing problem with the business. CIF11W MINUTES INDEX BUS PERMIT Commission meeting of July 21, 1983 on Items 5 and 6. In response to Commissioner Winburn's question, Mr. Laycock stated that the applicant had just received a copy of the staff report on Monday and he would like to have additional time to review the concerns of the staff. Motion X Motion was made to continue the items to the Planning Ayes x x x x X X Commission Meeting of July 21, 1983, which MOTION Noes x CARRIED. - Request to operate a retail flower sales facility in an approved temporary portable gazebo in Lido Marina Village. • LOCATION: A portion of Lot 1123, Tract No. 907, located at 3442 Via Oporto, on the northeasterly side of Via Oporto, between Central Avenue and Via Lido, in Lido Marina Village. ZONE: C -1 APPLICANT: Raymond Baratta, Newport Beach OWNER: Traweek Investment Fund, Marina del Ray Mr. Hewicker stated that staff recommended this item be removed from the calendar. ADDITIONAL BUSINESS Mr. Hewicker stated that the only action necessary is to set the public hearing in conjunction with revocation proceedings of Use Permit no. 1434 - Novak's Place. This is a business which is involved in the sale of alcoholic beverages on East Coast Highway in Corona del Mar. The City has received letters in the past regarding the operation of the business, and in the past week to ten days, both the Planning Department and the City Attorney's Office have received numerous letters regarding a continuing problem with the business. CIF11W MINUTES INDEX BUS PERMIT July 7, 1983 r m w. City of Newport Beach Mr. Burnham, City Attorney, indicated that there are a number of City departments that are involved in this investigation and that it might be appropriate to schedule this revocation hearing for the first meeting in August. Mr. Burnham believes that there will be a number of witnesses to testify and it will take some time to put it all together. Motion Motion was made to set for public hearing on August 4, All Ayes X X X X X 1983, to consider revocation proceedings on Use Permit No. 1434, Novak's Place,, located at 2920 E. Coast Highway, which MOTION CARRIED. Motion Motion was made to set for public hearing on July 21, Ayes lxllxl X 1983, to consider revocation proceedings on Use Permit Abstain X No. 1027, "Class of 47 ", located at 209 Palm Street, which MOTION CARRIED. • r :• I I I I I I There being no further business, the Planning Commission adjourned at 8:30 p.m. *tx James Person, Secretary City of Newport Beach Planning Commission MINUTES INDEX