Loading...
HomeMy WebLinkAbout07/18/1985Present i Ayes Abstain Ayes Abstain Ayes Abstain �7 COMMISSIONERS c O = y 9 r 7 m z c m > ,� a a s x z r m z M m o w o ' m i z a z 22 M m REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: July 18, 1985 of Newport Beach xfx F V I � xlx1All Commissioners Present. (Commissioner Goff arrived I at 7:35 p.m.) EX- OFFICIO MEMBERS PRESENT: Carol Korade, Assistant City Attorney * * x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator W. William Ward, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary E L E C T I O N O F O F F I C E R S -- - - - - -- -- -- -- -- -- The Planning Commission conducted its annual Election of officers, with results as follows: Commissioner Winburn nominated Commissioner Person for the office of Chairman. There being no other names presented for consideration, the nominations were x closed. Commissioner Person was elected to the office of Chairman. Commissioner Person nominated Commissioner Turner for the office of First Vice - Chairman. There being no other names presented for consideration, the x x x x x x nominations were closed. Commissioner Turner was x elected to the office of First Vice - Chairman. Commissioner Turner nominated Commissioner Koppelman for the office of Second Vice - Chairman. There being no other names presented for consideration, the x x x x x nominations were closed. Commissioner Koppelman was elected to the office of Second Vice - Chairman. Commissioner Koppelman nominated Commissioner Eichenhofer for the office of Secretary. There being no other names presented for consideration, the x x nominations were closed. Commissioner Eichenhofer was elected to the office of Secretary. • t x MINUTES INDEX July 18, 1985 MINUTES Minutes of June 20, 1985 Motion x Ayes x x x Motion was made for approval of the June 20, 1985, Abstain x Planning Commission Minutes, which MOTION CARRIED. William Laycock, Current Planning Administrator, informed the Planning Commission that the applicant, Mr. Richard K. Natland, has withdrawn Item No. 4, Variance No. 1125, because the previously submitted plans have been revised to meet the basic height limit and will only require the approval of the Modifications Committee. Resubdivision No. 810 (Public Hearing) Request to resubdivide two existing parcels of land into two new parcels for commercial development on property located in the C -1 -H District. LOCATION: A portion of Lot D, Banning Tract and Record of Survey 27 -47, located at 4509 West Coast Highway, on the southeasterly corner of West Balboa Boulevard and West Coast Highway, in West Newport. ZONE: C -1 -H APPLICANT: Triangle Associates, Costa Mesa OWNER: Same as applicant ENGINEER: Williamson and Schmid, Irvine William Laycock, Current Planning Administrator stated that the purpose for the resubdivision is that the proposed take -out restaurant site has a different lease than the other tenants in the shopping center complex, and he said that all of the parking is not on the take -out restaurant premises; therefore staff is recommending a covenant to assure that there will be common parking for all of the tenants on the shopping center property. I I I I 1 Mr. Don Webb, City Engineer, stated a parcel map is needed to clarify the location of the lot line. Mr. Webb responded to Commissioner Goff's inquiry regarding -2- of . 1 xx g c o x c m i z n M a M z r m I City of Newport Beach Minutes of June 20, 1985 Motion x Ayes x x x Motion was made for approval of the June 20, 1985, Abstain x Planning Commission Minutes, which MOTION CARRIED. William Laycock, Current Planning Administrator, informed the Planning Commission that the applicant, Mr. Richard K. Natland, has withdrawn Item No. 4, Variance No. 1125, because the previously submitted plans have been revised to meet the basic height limit and will only require the approval of the Modifications Committee. Resubdivision No. 810 (Public Hearing) Request to resubdivide two existing parcels of land into two new parcels for commercial development on property located in the C -1 -H District. LOCATION: A portion of Lot D, Banning Tract and Record of Survey 27 -47, located at 4509 West Coast Highway, on the southeasterly corner of West Balboa Boulevard and West Coast Highway, in West Newport. ZONE: C -1 -H APPLICANT: Triangle Associates, Costa Mesa OWNER: Same as applicant ENGINEER: Williamson and Schmid, Irvine William Laycock, Current Planning Administrator stated that the purpose for the resubdivision is that the proposed take -out restaurant site has a different lease than the other tenants in the shopping center complex, and he said that all of the parking is not on the take -out restaurant premises; therefore staff is recommending a covenant to assure that there will be common parking for all of the tenants on the shopping center property. I I I I 1 Mr. Don Webb, City Engineer, stated a parcel map is needed to clarify the location of the lot line. Mr. Webb responded to Commissioner Goff's inquiry regarding -2- of . 1 Motion All Ayes xx c O f a V z c m � T C m o M Z z z a a r W5 July 18, 1985 itv of Newport Beach the widening of the proposed drive apron on River Avenue by replying that the driveway will be utilized for four parking spaces adjacent to the proposed building. The public hearing was opened at this time. Mr. Robert Sundstrom, Williamson and Schmid, Engineers, 17782 Sky Park Circle, Irvine, appeared before the Planning Commission on behalf of the applicant. Mr. Sundstrom stated that the applicant concurs with the findings and conditions in Exhibit "A ". The public hearing was closed at this time. Commissioner Goff made a motion to approve Resubdivision No. 810 subject to the findings and conditions in Exhibit "A ". I I I I I Chairman Person reopened the public hearing, and Mrs. Phillips, 4401 Channel Place, appeared before the Planning Commission stating her objection to the number • of River Avenue signs on Balboa Boulevard in the area. Chairman Person informed Mrs. Phillips that the I 1111111 Public Works Department would contact her regarding this matter. The public hearing was closed at this time, and the motion to approve Resubdivision No. 810 was voted on, and MOTION CARRIED. FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 1. That a parcel map shall be recorded. . 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a reciprocal agreement providing for ingress, egress and parking between both parcels shall be recorded. -3- MINUTES COMMISSIONERS C 0 co A m i s m z a m z a r 0 z C 2 p 3. a 0 0 0 O 111 Y = S T 111 July 18, 1985 MINUTES of Newport Beach 4. That a standard subdivision agreement and accompanying 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. 5. That the unused drive aprons along the West Coast Highway and West Balboa Boulevard frontages be removed and replaced with curb, gutter and side- walk; that curb access ramps be provided at the intersection of West Balboa Boulevard and River Avenue and the intersection of West Balboa Boule- vard and the main drive at River Avenue; that concrete sidewalk be constructed along the River Avenue frontage and that the proposed drive apron on River Avenue have a maximum width of 26 feet unless otherwise approved by the Public .Works Department; that the drive approaches on West Coast Highway be constructed or reconstructed to conform to Std. 166 -L. All work within the West I I I I ( I ( Coast Highway right -of -way shall be completed under an encroachment permit issued by the Calif- ornia Department of Transportation. 6. That a 10 -foot wide storm drain easement be provided for the existing 18 -inch storm drains that cross the subject property. This easement shall be dedicated to the City prior to issuance of any building permits unless otherwise approved by the Public Works Department. 7. That the sidewalk along West Balboa Boulevard be widened to 8 feet and that a 2 foot easement be dedicated to the City for pedestrian purposes. 8. That the overhead utilities along the easterly property line be removed concurrently with the undergrounding of utilities along the southerly side of West Coast Highway. The removal of. said overhead utilities will be at the applicant's cost. 9. 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 Commission. -4- July 18, 1985 MINUTES Beach Resubdivision No. 811 (Public Hearing) Request to establish a single parcel of land and eliminate interior lot lines where ten lots, a portion of an eleventh lot and a portion of an abandoned alley now exist. LOCATION: Lots 58 -67 and a portion of Lot 68, Block A, Tract No. 673, located at 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel Drive, in Corona del Mar. ZONES: C -1 and R -1 APPLICANT: S.J.S. Development Corporation, Beverly Hills OWNER: A.T. Leo's Ltd., Irvine ENGINEER: Duca- McCoy, Inc., Corona del Mar • The public hearing was opened at this time, and Mr. Earl Sherman appeared before the Planning Commission on behalf of the applicant. Mr. Sherman stated that the applicant concurs with the findings and conditions in Exhibit "A ". The public hearing was closed at this time. Motion es I 1XI V I I I Commissioner Turner ,made J a motion to approve All Ayes Resubdivision No. 811 subject to the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Kurlander, Mr. Webb replied that the easement at the corner of Hazel Drive and East Coast Highway has been dedicated. Motion to approve Resubdivision No. 811 was voted on, MOTION CARRIED. FINDINGS: 1. That the map meets the requirements of Title 19 of • the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. -5- F Xx c o 0 £ n x � n 97 m z c m p a a s x a r a x A m o x>� T of City Z s a a a T m MINUTES Beach Resubdivision No. 811 (Public Hearing) Request to establish a single parcel of land and eliminate interior lot lines where ten lots, a portion of an eleventh lot and a portion of an abandoned alley now exist. LOCATION: Lots 58 -67 and a portion of Lot 68, Block A, Tract No. 673, located at 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel Drive, in Corona del Mar. ZONES: C -1 and R -1 APPLICANT: S.J.S. Development Corporation, Beverly Hills OWNER: A.T. Leo's Ltd., Irvine ENGINEER: Duca- McCoy, Inc., Corona del Mar • The public hearing was opened at this time, and Mr. Earl Sherman appeared before the Planning Commission on behalf of the applicant. Mr. Sherman stated that the applicant concurs with the findings and conditions in Exhibit "A ". The public hearing was closed at this time. Motion es I 1XI V I I I Commissioner Turner ,made J a motion to approve All Ayes Resubdivision No. 811 subject to the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Kurlander, Mr. Webb replied that the easement at the corner of Hazel Drive and East Coast Highway has been dedicated. Motion to approve Resubdivision No. 811 was voted on, MOTION CARRIED. FINDINGS: 1. That the map meets the requirements of Title 19 of • the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. -5- F July 18, 1985 MINUTES 2. That the proposed resubdivision ,presents no problems from a planning standpoint. 3. The project will.not have any significant environ- mental impact. CONDITIONS: 1. That a parcel map shall be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That the cracked and displaced portions of the curb, gutter and sidewalk along Hazel Drive shall be replaced to the satisfaction of the Public Works Department. 4. That easements of record shall be shown on the Parcel map. 5. 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 Commission. Resubdivision No. 813 (Public Hearing) Request to resubdivide two existing lots into a single parcel of land so as to permit alterations to an existing multi- family residential complex on property located in the R -3 District. LOCATION: Lots 24 and 25, Block J, Tract No. 518, located at 1530 Miramar Drive, on the northerly side of Miramar Drive, between East Balboa Boulevard and "I" Street, on Peninsula Point. ZONE: R -3 APPLICANT: Kay H. Mortenson, Balboa . OWNER: Same as applicant ENGINEER: Same as applicant -6- A A C O o a S C v y m z c m o m z = M m O E a* 0 0 City of Newport Beach a a 2. That the proposed resubdivision ,presents no problems from a planning standpoint. 3. The project will.not have any significant environ- mental impact. CONDITIONS: 1. That a parcel map shall be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That the cracked and displaced portions of the curb, gutter and sidewalk along Hazel Drive shall be replaced to the satisfaction of the Public Works Department. 4. That easements of record shall be shown on the Parcel map. 5. 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 Commission. Resubdivision No. 813 (Public Hearing) Request to resubdivide two existing lots into a single parcel of land so as to permit alterations to an existing multi- family residential complex on property located in the R -3 District. LOCATION: Lots 24 and 25, Block J, Tract No. 518, located at 1530 Miramar Drive, on the northerly side of Miramar Drive, between East Balboa Boulevard and "I" Street, on Peninsula Point. ZONE: R -3 APPLICANT: Kay H. Mortenson, Balboa . OWNER: Same as applicant ENGINEER: Same as applicant -6- July 18, 1985 MINUTES C O V = f v a m m m a M_; T City of Newport Beach C S W O C O O A R L CALL INDEX The public hearing was opened at this time, and Mrs. Kay H. Mortenson, owner, appeared before the Planning Commission. Mrs. Mortenson stated that she concurs with the findings and conditions in Exhibit "A ". The.public hearing was closed at this time. Commissioner Koppelman made a motion to approve Motion X Resubdivision No. 813 subject to the findings and A11 Ayes conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. • FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivi- sion. CONDITIONS: 1. That a parcel map shall be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. 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 Commission. + * x -7- July 18, 1985 MINUTES Request to permit the construction of a two car garage that exceeds the basic height limit in the 24/28 Foot Height Limitation in conjunction with the construction of a single family dwelling on the site in the R -1 District. All new construction will be located below the curb elevation of Ocean Boulevard. LOCATION: Lot 15, Tract No. 1257, located at 3617 Ocean Boulevard, on the southerly side of Ocean Boulevard, between Orchid Avenue and Poinsettia Avenue, in Corona del Mar. ZONE: R -1 APPLICANT: Richard K. Natland, Corona del Mar OWNERS: William and Pauline Butcher, Corona del Current Planning Administrator William Laycock advised that Mr. Natland, applicant, has requested that Variance No. 1125 be withdrawn. Use Permit No. 1023 (Amended) (Public Hearing) Request to amend a previously approved use permit that permitted a full service automobile service station in the C -1 District. The proposed development consists of the conversion of said facility to a self - service gas station. The proposal includes: the remodeling of a portion of an existing building into a cashier's office, a storage room and a restroom facility; the extension of the existing pump islands; and the exten- sion of an existing pump island canopy. The station proposes to be .open on a 24 hour basis where the existing facility is now open between the hours of 6:00 a.m. and 10:00 p.m. daily. LOCATION: A portion of Section 28, Township 6 South, Range 10 West, San Bernardino Base and Meridian, located at 3001 Newport Boulevard, on the northwesterly • ( I I ( I I corner of 30th Street and Newport Boulevard, in Central Newport. ZONE: C -1 -8- c 0 � z C 9 c m r 9 Z m m z 9 = p = T m City of Newport Beach LL CALL INDEX Variance No. 1125 (Public Hearing) Item No. 4 Request to permit the construction of a two car garage that exceeds the basic height limit in the 24/28 Foot Height Limitation in conjunction with the construction of a single family dwelling on the site in the R -1 District. All new construction will be located below the curb elevation of Ocean Boulevard. LOCATION: Lot 15, Tract No. 1257, located at 3617 Ocean Boulevard, on the southerly side of Ocean Boulevard, between Orchid Avenue and Poinsettia Avenue, in Corona del Mar. ZONE: R -1 APPLICANT: Richard K. Natland, Corona del Mar OWNERS: William and Pauline Butcher, Corona del Current Planning Administrator William Laycock advised that Mr. Natland, applicant, has requested that Variance No. 1125 be withdrawn. Use Permit No. 1023 (Amended) (Public Hearing) Request to amend a previously approved use permit that permitted a full service automobile service station in the C -1 District. The proposed development consists of the conversion of said facility to a self - service gas station. The proposal includes: the remodeling of a portion of an existing building into a cashier's office, a storage room and a restroom facility; the extension of the existing pump islands; and the exten- sion of an existing pump island canopy. The station proposes to be .open on a 24 hour basis where the existing facility is now open between the hours of 6:00 a.m. and 10:00 p.m. daily. LOCATION: A portion of Section 28, Township 6 South, Range 10 West, San Bernardino Base and Meridian, located at 3001 Newport Boulevard, on the northwesterly • ( I I ( I I corner of 30th Street and Newport Boulevard, in Central Newport. ZONE: C -1 -8- APPLICANT: Union Oil Company of California, Orange OWNER: Burtis Corporation, Orange William Laycock advised that staff has reviewed the applicant's existing signs, the signs that the applicant is proposing to install, as well as the signs permitted by the Municipal Code. He said that the signs that do not conform to the standards are the two self- service signs located on the two pump islands, and the price signs that are now established by State regulations. Mr. Laycock stated that staff recommends that Condition No. 15 be added as follows: "That all signs shall conform to.the provisions of Chapter 20.06 of the Municipal Code except for the gasoline price signs that are now regulated by the State. This requirement eliminates the two self - service signs on the pump islands proposed by the applicant." Mr. Laycock confirmed with Chairman Person that Condition No. 11 could be replaced with the proposed new condition. The public hearing was opened at this time, and Mr. Dennis Carlson, 432 No Main St., Orange, appeared before the Planning Commission on behalf of the applicant. Mr. Carlson stated that the applicant concurs with the findings and conditions in Exhibit "A ". In response to a question posed by Mr. Carlson, Mr. Laycock replied that the Municipal Code allows for two, 10 square foot wall signs. MINUTES Motion x The public hearing was closed at this time., All Ayes Commissioner Turner made a motion to approve Use Permit 1023 (Amended) subject to the findings and conditions in Exhibit "A ", including the rewording of Condition No. 11 as previously stated. In reference to Condition No. 9 regarding noise control, Commissioner Rurlander asked if staff was recommending to control the customer's radio .noise, and Mr. Laycock responded that the intent was to control the noise only from the cashier's booth. Commissioner Turner recommended that Condition No. 9 include "that all noise from radios, stereos or other devices eminating from the station operator, shall be confined to the interior of the cashier's booth." Motion voted on, MOTION CARRIED. • we INDEX July 18, 1985 COMMISSIONERS xx �o v 9 m Z c m z f E c= n= w o 3 0 T 0 City A 2 m of Newport Beach APPLICANT: Union Oil Company of California, Orange OWNER: Burtis Corporation, Orange William Laycock advised that staff has reviewed the applicant's existing signs, the signs that the applicant is proposing to install, as well as the signs permitted by the Municipal Code. He said that the signs that do not conform to the standards are the two self- service signs located on the two pump islands, and the price signs that are now established by State regulations. Mr. Laycock stated that staff recommends that Condition No. 15 be added as follows: "That all signs shall conform to.the provisions of Chapter 20.06 of the Municipal Code except for the gasoline price signs that are now regulated by the State. This requirement eliminates the two self - service signs on the pump islands proposed by the applicant." Mr. Laycock confirmed with Chairman Person that Condition No. 11 could be replaced with the proposed new condition. The public hearing was opened at this time, and Mr. Dennis Carlson, 432 No Main St., Orange, appeared before the Planning Commission on behalf of the applicant. Mr. Carlson stated that the applicant concurs with the findings and conditions in Exhibit "A ". In response to a question posed by Mr. Carlson, Mr. Laycock replied that the Municipal Code allows for two, 10 square foot wall signs. MINUTES Motion x The public hearing was closed at this time., All Ayes Commissioner Turner made a motion to approve Use Permit 1023 (Amended) subject to the findings and conditions in Exhibit "A ", including the rewording of Condition No. 11 as previously stated. In reference to Condition No. 9 regarding noise control, Commissioner Rurlander asked if staff was recommending to control the customer's radio .noise, and Mr. Laycock responded that the intent was to control the noise only from the cashier's booth. Commissioner Turner recommended that Condition No. 9 include "that all noise from radios, stereos or other devices eminating from the station operator, shall be confined to the interior of the cashier's booth." Motion voted on, MOTION CARRIED. • we INDEX July 18, 1985 COMMISSIONERS MINUTES 7c A c O x N 9 r 9 T MM = p = � m City of Newport Beach = w O 3 o o ROLL CALL INDEX FINDINGS: 1. That the proposed development is consistent with the Land Use Elements of the General Plan and the Local Coastal Plan and is compatible with sur- rounding land uses. 2. The project will not have any significant environ- mental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. Adequate landscaping and off - street parking spaces are being .provided in conjunction with the proposed development. 5. The proposed service station remodel has been designed so as to comply as nearly as possible with the standards for service stations on new sites set forth in Section 20.70.060 of the • Newport Beach Municipal Code. 6. The approval of Use Permit No. 1023 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or 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 plan and elevations, except as noted below. 2. That there shall be a minimum of two off - street parking spaces provided on -site for employee parking. 3. That the project shall be designed to eliminate light and glare from adjacent uses and streets. 4. That all mechanical equipment and trash areas shall be screened from the public streets and • adjoining properties. -10- July 18, 1985 COMMISSIONERS MINUTES Z Beach 5. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning Department, and the Public Works Department. 6. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. 7. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 8. That an encroachment permit from the Public Works Department be obtained for work within the public right of way and that the work be completed in substantial conformance with the plans submitted. 9. That all noise from radios, stereos or other • I I I I I I I I devices eminating from the station operator shall be confined to the interior of the cashier's booth. 10. That no buzzers or amplified signaling device shall be permitted on the site. 11. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code except for the gasoline price signs that are now regulated by the State. This requirement eliminates the two self - service signs on the pump islands proposed by the applicant. . 12. That the service station may be open for business on a 24 hour basis. 13. 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. -11- A A C O O S _ v m z c m z a n a z r a x C= N v! O O S m> Z = 9 E T m Z Beach 5. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning Department, and the Public Works Department. 6. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. 7. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 8. That an encroachment permit from the Public Works Department be obtained for work within the public right of way and that the work be completed in substantial conformance with the plans submitted. 9. That all noise from radios, stereos or other • I I I I I I I I devices eminating from the station operator shall be confined to the interior of the cashier's booth. 10. That no buzzers or amplified signaling device shall be permitted on the site. 11. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code except for the gasoline price signs that are now regulated by the State. This requirement eliminates the two self - service signs on the pump islands proposed by the applicant. . 12. That the service station may be open for business on a 24 hour basis. 13. 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. -11- July 18, 1985 MINUTES Beach 14. 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. 3127 (Amended) (Public Hearing) Request to amend a previously approved use permit that permitted the establishment of the Promises Night Club facility with dancing and prerecorded music, and a . modification to the Zoning Code so as to allow the use of compact and tandem. parking spaces in conjunction with a valet parking service. The proposal consists of the addition of live entertainment (i.e. fashion shows, aerobic and dance displays, magic shows, and dance bands) , and the request to change the hours of oper- ation on weekends so as to open the facility at 8:00 a.m. for wedding receptions and other private parties, where the original use permit required a 6:00 p.m. opening time. LOCATION: A portion of Lot 170, Block 2, Irvine's Subdivision, located at 3333 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONES: SP -5 and C -2 APPLICANT: David Schneider, Newport Beach OWNER: County of Orange William Laycock, Current Planning Administrator, informed the Planning Commission that a letter from The Arches Restaurant dated July 8, 1985, had been received by staff opposing the use permit, and a letter had been received from Jordan Wank of Newport Arches Marina, Ltd., owners and lessors of the premises, dated July 16, 1985, stating that they do not have any objections to the application. Mr. Laycock commented that staff observed the parking • layout and the traffic circulation on the Promises Nightclub parking lot, adjoining properties, and West Coast Highway on Friday, July 12, 1985, between the -12- INDEX Item No. 6 UP3127 (Amended) Approved Condition- ally �x c o 0 x a s m a a r it 0 x {' M m m (�(' City i S z 2 z* 9 3. w m VI MINUTES Beach 14. 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. 3127 (Amended) (Public Hearing) Request to amend a previously approved use permit that permitted the establishment of the Promises Night Club facility with dancing and prerecorded music, and a . modification to the Zoning Code so as to allow the use of compact and tandem. parking spaces in conjunction with a valet parking service. The proposal consists of the addition of live entertainment (i.e. fashion shows, aerobic and dance displays, magic shows, and dance bands) , and the request to change the hours of oper- ation on weekends so as to open the facility at 8:00 a.m. for wedding receptions and other private parties, where the original use permit required a 6:00 p.m. opening time. LOCATION: A portion of Lot 170, Block 2, Irvine's Subdivision, located at 3333 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONES: SP -5 and C -2 APPLICANT: David Schneider, Newport Beach OWNER: County of Orange William Laycock, Current Planning Administrator, informed the Planning Commission that a letter from The Arches Restaurant dated July 8, 1985, had been received by staff opposing the use permit, and a letter had been received from Jordan Wank of Newport Arches Marina, Ltd., owners and lessors of the premises, dated July 16, 1985, stating that they do not have any objections to the application. Mr. Laycock commented that staff observed the parking • layout and the traffic circulation on the Promises Nightclub parking lot, adjoining properties, and West Coast Highway on Friday, July 12, 1985, between the -12- INDEX Item No. 6 UP3127 (Amended) Approved Condition- ally July 18, 1985 MINUTES INDEX hours of 6:00 p.m. and 11:00 p.m. Mr. Laycock stated that the applicant's valet service worked well; however at approximately 10:45 p.m, there was much confusion when the applicant's parking lot was nearly full, the Promises attendants closed off the parking lot, and the valets from the Villa Nova Restaurant were shuttling automobiles across West Coast Highway. Mr. Laycock opined that the major problem on West Coast Highway appeared to be the Villa Nova's valet parking situation, and not the applicant's parking system. Commissioner Turner asked how the City can work with the State in order to slow the traffic down and to protect the people so as to prevent serious accidents, because the subject section of West Coast Highway is one of the City's most dangerous areas. Mr. Don Webb, City Engineer, replied that the City has hired a consultant to study the section on West Coast Highway between Dover Drive and Newport Boulevard, whereby the consultant will submit a preliminary plan as to how West Coast Highway can be widened to Master Plan standards. Mr. Webb stated that the consultant may propose the installation of a median on West Coast Highway where a median is warranted. He advised that he did a study of the four driveways at Promises Nightclub, Villa Nova Restaurant, TNT Restaurant, and The Arches Restaurant. He said that there were 19 accidents related to those driveways since 1983, and that 16 of those accidents could have been controlled had there been a median in the street since the motorists would have been able to make only right turns out of the driveways. Mr. Webb explained that the City could appropriate City funds, and then request an encroachment permit for the installation of said median from the State. Mr. Webb advised that the consultant's study of West Coast Highway should be completed by November or December, 1985. In response to questions posed by Commissioner Winburn, Mr. Laycock advised that the valet station could be moved closer to the bay side of the parking lot in order that additional automobiles could be: stacked in the driveway and not on West Coast Highway, and that he did observe self - parking on the Promises lot by the customers. • 1111111 j In response to a question posed by Commissioner Goff, l+ Mr. Webb replied that there is a permanent no left turn sign on the applicant's parking lot. -13- c o � x z c m Z m z c z m p; O T O City of Newport Beach z= 9 m INDEX hours of 6:00 p.m. and 11:00 p.m. Mr. Laycock stated that the applicant's valet service worked well; however at approximately 10:45 p.m, there was much confusion when the applicant's parking lot was nearly full, the Promises attendants closed off the parking lot, and the valets from the Villa Nova Restaurant were shuttling automobiles across West Coast Highway. Mr. Laycock opined that the major problem on West Coast Highway appeared to be the Villa Nova's valet parking situation, and not the applicant's parking system. Commissioner Turner asked how the City can work with the State in order to slow the traffic down and to protect the people so as to prevent serious accidents, because the subject section of West Coast Highway is one of the City's most dangerous areas. Mr. Don Webb, City Engineer, replied that the City has hired a consultant to study the section on West Coast Highway between Dover Drive and Newport Boulevard, whereby the consultant will submit a preliminary plan as to how West Coast Highway can be widened to Master Plan standards. Mr. Webb stated that the consultant may propose the installation of a median on West Coast Highway where a median is warranted. He advised that he did a study of the four driveways at Promises Nightclub, Villa Nova Restaurant, TNT Restaurant, and The Arches Restaurant. He said that there were 19 accidents related to those driveways since 1983, and that 16 of those accidents could have been controlled had there been a median in the street since the motorists would have been able to make only right turns out of the driveways. Mr. Webb explained that the City could appropriate City funds, and then request an encroachment permit for the installation of said median from the State. Mr. Webb advised that the consultant's study of West Coast Highway should be completed by November or December, 1985. In response to questions posed by Commissioner Winburn, Mr. Laycock advised that the valet station could be moved closer to the bay side of the parking lot in order that additional automobiles could be: stacked in the driveway and not on West Coast Highway, and that he did observe self - parking on the Promises lot by the customers. • 1111111 j In response to a question posed by Commissioner Goff, l+ Mr. Webb replied that there is a permanent no left turn sign on the applicant's parking lot. -13- COMMISSIONERS c O � x m a s i o f M m o I m 3 w z a July 18, 1985 MINUTES of Newport Beach INDEX The public hearing was opened at this time. Mr. Jeff Rebin, attorney, 1820 East First Street, Santa Ana, appeared before the Planning Commission on behalf of the applicant. Mr. Rebin stated that the applicant concurs with the findings and conditions of Exhibits "A" and "B ", and he commented that the applicant has not read The Arches Restaurant letter of objection. Mr. Rebin stated that the Promises customers are only using the subject parking lot. He further stated that the applicant would agree to moving the valet station closer to the bay side of the parking lot. In response to a question posed by Commissioner Winburn, Mr. Rebin replied that the proposed Monaco Restaurant on the site will be a family -style restaurant that includes a bar. Mr. Henry Penso, 2171 Campus Drive, appeared before the Planning Commission on behalf of Monaco's Restaurant and lessors of the property, supporting the application. He stated that Monaco's Restaurant will be a family continental restaurant with a bar. Mr. Penso commented that they do not foresee a parking . conflict between Monaco's Restaurant and. Promises Nightclub as the restaurant's business will be decreasing as the Promises Nightclub business will be increasing at approximately 10:30 p.m. In response to a question posed by Commissioner Koppelman, Mr. Penso replied that Monaco's Restaurant will open in September or October. Mr. Gib Fernandez, appeared before the Planning Commission on behalf of The Arches Restaurant. Mr. Fernandez stated that the problems stated in The Arches Restaurant letter are still existing. Mr. Fernandez advised that the security personnel at The Arches have seen customers walk across West Coast Highway from The Arches to Promises. In response to a question posed by Commissioner Winburn, Mr. Fernandez replied that at 10:00 p.m. is when security observes customers walking across West Coast Highway. Commissioner Winburn cited that at 10:00 P.M. the Promises' parking lot is still half empty. Mr. Laycock cited that he did not observe customers walking across West Coast Highway on the previously stated Friday night. Commissioner Turner opined that there is a possibility that customers are walking across the street to avoid valet parking. . In response to Commissioner Turner's question on how the applicant may be able to control the alleged activities taking place in The Arches parking lot, Mr. -14- Motion • • July 18, 1985 of Newaort Beach Rebin responded by stating that the valets have been informed to instruct the Promises' customers that if they do not park in the required parking areas, that the customers' automobiles are subject to be towed away. Mr. Rebin cited that because there are many restaurants along West Coast Highway, The Arches problems may be from any one of their customers. Mr. Rebin advised that the applicant has not been aware of any problems regarding Promises' customers at The Arches Restaurant since opening night. The public hearing was closed at this time. Commissioner Winburn made a motion to approve Use Permit No. 3127 (Amended) subject to the findings and conditions in Exhibit "B ". The approval of Exhibit "B" would deny the addition of live entertainment at night during the week, but would permit the expanded hours of operation on Saturdays and Sundays with live entertainment. Commissioner Winburn cited that the two reasons that she is approving Exhibit "B" are that until Monaoco's Restaurant is open for business, there is a question as to what amount of traffic will be generated in the parking area during the evening, and also that the intensity of live entertainment will bring more people into the area during the week. Commissioner Winburn agreed to Commissioner Koppelman's amendment to the motion that the applicant work with the City Traffic Engineer to relocate the valet station. Commissioner Turner advised the applicant that the Planning Commission will be closely observing the area in and around Promises Nightclub in the weeks and months ahead. Chairman Person stated that he will support the motion, and he advised The Arches Restaurant representative that the Planning Commission will be looking at the Promises Nightclub and surrounding area. Commissioner Goff recommended that the motion include a designated ratio of valet parking to self - parking on the parking lot so as to allow customers that wish to park their own automobiles be able to do so. Commissioner Turner advised that the suggested proposal would mean that the valets would need to inquire if the customer wishes to self -park or valet park at the ingress- egress driveway of. the parking lot which could -15- MINUTES INDEX xx c O � f x C a v' 2 C m > n1 z m a a z r 2 C m 0 o m s Z s z a a T m Motion • • July 18, 1985 of Newaort Beach Rebin responded by stating that the valets have been informed to instruct the Promises' customers that if they do not park in the required parking areas, that the customers' automobiles are subject to be towed away. Mr. Rebin cited that because there are many restaurants along West Coast Highway, The Arches problems may be from any one of their customers. Mr. Rebin advised that the applicant has not been aware of any problems regarding Promises' customers at The Arches Restaurant since opening night. The public hearing was closed at this time. Commissioner Winburn made a motion to approve Use Permit No. 3127 (Amended) subject to the findings and conditions in Exhibit "B ". The approval of Exhibit "B" would deny the addition of live entertainment at night during the week, but would permit the expanded hours of operation on Saturdays and Sundays with live entertainment. Commissioner Winburn cited that the two reasons that she is approving Exhibit "B" are that until Monaoco's Restaurant is open for business, there is a question as to what amount of traffic will be generated in the parking area during the evening, and also that the intensity of live entertainment will bring more people into the area during the week. Commissioner Winburn agreed to Commissioner Koppelman's amendment to the motion that the applicant work with the City Traffic Engineer to relocate the valet station. Commissioner Turner advised the applicant that the Planning Commission will be closely observing the area in and around Promises Nightclub in the weeks and months ahead. Chairman Person stated that he will support the motion, and he advised The Arches Restaurant representative that the Planning Commission will be looking at the Promises Nightclub and surrounding area. Commissioner Goff recommended that the motion include a designated ratio of valet parking to self - parking on the parking lot so as to allow customers that wish to park their own automobiles be able to do so. Commissioner Turner advised that the suggested proposal would mean that the valets would need to inquire if the customer wishes to self -park or valet park at the ingress- egress driveway of. the parking lot which could -15- MINUTES INDEX July 18, 1985 MINUTES ;t R a O i a m z c m "� z m A A z/ Co I a = m > m City of Newport Beach a: a ROLL CALL INDEX create a great deal of confusion in the parking lot. Chairman Winburn agreed with Commissioner Turner and further stated that because of the difficult situation, that she would not agree to include the amendment. Motion was voted on to approve Use Permit No. 3127 (Amended) subject to the findings and conditions in Exhibit "B ", including the addition of Condition No. All Ayes 12 to relocate the valet station.. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the General Plan; the Land Use Plan. of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. That an adequate number of on -site parking will be . provided for the subject night club on Saturdays and Sundays during the day inasmuch as the office uses and the bank on the site are closed during that time. 3. The approval of Use Permit No. 3127 (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 confor- mance with the approved plot plan and floor plan, except as noted below. 2. That all employees of the nightclub shall be required to park on -site. 3. Valets and /or attendants shall be provided at all times during the nighttime operation of the nightclub. • 4. The valet parking service shall not preclude the use of a portion of the independently accessible -16- July 18, 1985 • ininn spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated. 5. That noise from amplified music or the live entertainment shall be confined to the interior of the building. 6. That the hours of operation for the nightclub shall be restricted to the hours between 6:00 p.m. and 1:30 a.m. daily, except on weekends when the facility may open at 8:00 a.m. for wedding re- ceptions or other private parties. 7. Live entertainment shall be permitted only on weekends between the hours of 8:00 a.m, and 5:00 p.m. for wedding receptions or other private parties. I I I J I I I B. That the Planning Commission at its own dis- cretion, may review and modify the approval of Use Permit No. 3127 (Amended) at such time as the existing restaurant on the first floor reopens for business. 9. That all other conditions of approval for Use Permit No. 3127 shall be maintained. 10. 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. 11. 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 Nunicipal Code. 12. That the applicant shall work with the City Traffic Engineer to relocate the valet station so as to provide additional stacking of automobiles on the driveway of the Promises parking lot. -17- MINUTES INDEX xx o n C = y L C 7 m 2 C m m E C z w z 0 3 0 r 0 m City M a of Newport Beach z 2 • ininn spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated. 5. That noise from amplified music or the live entertainment shall be confined to the interior of the building. 6. That the hours of operation for the nightclub shall be restricted to the hours between 6:00 p.m. and 1:30 a.m. daily, except on weekends when the facility may open at 8:00 a.m. for wedding re- ceptions or other private parties. 7. Live entertainment shall be permitted only on weekends between the hours of 8:00 a.m, and 5:00 p.m. for wedding receptions or other private parties. I I I J I I I B. That the Planning Commission at its own dis- cretion, may review and modify the approval of Use Permit No. 3127 (Amended) at such time as the existing restaurant on the first floor reopens for business. 9. That all other conditions of approval for Use Permit No. 3127 shall be maintained. 10. 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. 11. 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 Nunicipal Code. 12. That the applicant shall work with the City Traffic Engineer to relocate the valet station so as to provide additional stacking of automobiles on the driveway of the Promises parking lot. -17- MINUTES INDEX July 18, 1985 MINUTES The public hearing was closed at this time. Commissioner Koppelman made a motion to approve Use Motion x Permit No. 3154 subject to the findings and conditions All Ayes in Exhibit "A ". Motion voted on, 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. That an adequate number of off - street parking spaces will be provided in conjunction with the interior design school. 3. That the off -site parking lots are close enough to the subject property so as to be useful to the interior design school. • 4. The the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of this particular case, -18- �o m z MM o M> M° City of Newport Beach z a z p z+ m M R LL CALL INDEX Use Permit No. 3154 (Public Hearing) Item No. 7 Request to permit the establishment of an interior UP31 54 design school in conjunction with a design studio on property located in the C -1 District. Approved LOCATION: Lot 4, Block 2, Tract No. 323, located at 3555 East Coast Highway, on the southwesterly corner of Orchid Avenue and East Coast Highway, in Corona del Mar. ZONE: C -1 APPLICANT: Interior Designers Institute, Corona del Mar OWNER: Pat Marley, Laguna Beach The public hearing was opened at this time, and Ms. Judy Deaton, owner, appeared before the Planning Commission. Ms. Deaton advised that the applicant • concurs with the findings and conditions in Exhibit "An The public hearing was closed at this time. Commissioner Koppelman made a motion to approve Use Motion x Permit No. 3154 subject to the findings and conditions All Ayes in Exhibit "A ". Motion voted on, 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. That an adequate number of off - street parking spaces will be provided in conjunction with the interior design school. 3. That the off -site parking lots are close enough to the subject property so as to be useful to the interior design school. • 4. The the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of this particular case, -18- uly 18, 1985 . MISSIONERS S MINUTES 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. CONDITIONS: 1. That the interior design school shall be operated only in conjunction with the interior design studio, and that the school shall operate in accordance with the following conditions. 2. That the use of the facility shall be consistent with the approved plot plan and floor plans. 3. That attendance at all classes shall be restricted to 30 persons. I I I I I 4. That a maximum of two evening classes and two daytime classes shall be offered each week. Evening classes shall cease by 10:00 p.m. 5. That the applicant shall maintain the existing informal agreement to provide 20 parking spaces in the parking lot located at the southwesterly corner of Poppy Avenue and East Coast Highway (across from the Five Crowns Restaurant) between the hours of 8:30 a.m. and 5:00 p.m. In the event this agreement is terminated and the Institute loses its ability to use said parking spaces, all classes shall be restricted to the hours between 5:00 p.m. and 10:00 p.m. 6. That the applicant shall continue to encourage students and clients to park in the Security Pacific Sank parking lot at 3451 East Coast Highway between the hours of 5:00 p.m. and 10:00 p.m. 7. That all employees shall park their vehicles in the off -site parking areas. xA 8. That the Planning Commission may add to or modify c o 0 conditions of approval to this use permit, or • x - a recommend to the City Council the revocation of m z c a m , m z I z a a 9 O T O City of Newport Beach zz s z 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. CONDITIONS: 1. That the interior design school shall be operated only in conjunction with the interior design studio, and that the school shall operate in accordance with the following conditions. 2. That the use of the facility shall be consistent with the approved plot plan and floor plans. 3. That attendance at all classes shall be restricted to 30 persons. I I I I I 4. That a maximum of two evening classes and two daytime classes shall be offered each week. Evening classes shall cease by 10:00 p.m. 5. That the applicant shall maintain the existing informal agreement to provide 20 parking spaces in the parking lot located at the southwesterly corner of Poppy Avenue and East Coast Highway (across from the Five Crowns Restaurant) between the hours of 8:30 a.m. and 5:00 p.m. In the event this agreement is terminated and the Institute loses its ability to use said parking spaces, all classes shall be restricted to the hours between 5:00 p.m. and 10:00 p.m. 6. That the applicant shall continue to encourage students and clients to park in the Security Pacific Sank parking lot at 3451 East Coast Highway between the hours of 5:00 p.m. and 10:00 p.m. 7. That all employees shall park their vehicles in the off -site parking areas. this use permit, upon a determination that the operation which is the subject of this use permit, -19- 8. 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, -19- COMMISSIONERS x A n c o = y s a m z c m > a m a 9 z r a z _ N m!oo ' z s O m s w m Z M a July 18, 1985 R Beach causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. x • � Item #8 Use Permit No. 3156 (Public Hearing) Request to permit the establishment of a take -out restaurant serving hamburgers and soft drinks in an existing building utilized as a bike, skate, and beach accessory rental facility in the Unclassified District, and to waive the required off - street parking spaces. LOCATION: A portion of Block D, Balboa Tract and a portion of Record of Survey 48 -33, located at 105 Main Street, on the southwesterly corner of Main Street and East Ocean Front, in Central Balboa. ZONE: 0 11111111 OWNER: Unclassified Ocean Front Wheel Works, Balboa Griswold's Hotel Services, Costa Mesa The public hearing was opened at this time, and Mr. Harry Rasmussen appeared before the Planning Commission on behalf of the applicant. Mr. Rasmussen stated that Ocean Front Wheel works is completely surrounded by parking lots and that the subject business is not a destination point. Mr. Rasmussen advised that the City Council has recently banned three - wheelers on the sidewalks which was a big part of the applicant's business, and that the building is presently about one -half vacant. Chairman Person pointed out to Mr. Rasmussen that staff has recommended that parking standards and landscaping be waived in the event the Planning Commission should approve the application. Mr. Rasmussen stated that he concurs with the findings and conditions in Exhibit "B ". In response to a question posed by Chairman Person, Mr. Laycock explained that the Land Use Element of the General Plan designates the subject property for "Recreational and Environmental Open Space" uses, and does not allow commercial uses. -20- MINUTES INDEX No. 8 The public hearing was closed at this time. 11 111111 Commissioner Eichenhofer stated that her recent visits to the area have shown that the subject premises -20- MINUTES INDEX No. 8 July 18, 1985 COMMISSIONERS appears to be at capacity and that the operation of a take -out restaurant will further intensify the use of Motion the building. Commissioner Eichenhofer made a motion All Ayes to deny Use Permit No. 3156, subject to the findings in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1.. That the existing use of the building is already more intense than the uses contemplated at the time the building was constructed. 2. That the operation of a take -out restaurant will further intensify the use of the building. 3. That the proposed use is inconsistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan. I I I I I I 4. That no off - street parking spaces will be provided in conjunction with the intensification of the use of the building. 5. That the Police Department has indicated that further intensification of the use of this site is not appropriate, due to the lack of available parking near the site. 6. That the approval of Use Permit No. 3156 will, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and be detrimental or injurious to .property and improvements in the neighborhood and the general welfare of the City.' Use Permit No. 3158 (Public Hearing) Request to permit alterations to the existing Balboa Inn facility. The proposal includes a request to convert an existing restaurant to a cocktail lounge; a request to relocate an existing restaurant on the site; and a request to permit outdoor dining in the existing courtyard. The proposal also includes a request to pay I I I I I I an annual fee to the City in lieu of providing the required off - street parking spaces on -site. -21- MINUTES INDEX Lt] 7 ,x C o x 9 > 9 m i s m z z c= h o 9 O O 9 City of Newport Beach 9 a appears to be at capacity and that the operation of a take -out restaurant will further intensify the use of Motion the building. Commissioner Eichenhofer made a motion All Ayes to deny Use Permit No. 3156, subject to the findings in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1.. That the existing use of the building is already more intense than the uses contemplated at the time the building was constructed. 2. That the operation of a take -out restaurant will further intensify the use of the building. 3. That the proposed use is inconsistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan. I I I I I I 4. That no off - street parking spaces will be provided in conjunction with the intensification of the use of the building. 5. That the Police Department has indicated that further intensification of the use of this site is not appropriate, due to the lack of available parking near the site. 6. That the approval of Use Permit No. 3156 will, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and be detrimental or injurious to .property and improvements in the neighborhood and the general welfare of the City.' Use Permit No. 3158 (Public Hearing) Request to permit alterations to the existing Balboa Inn facility. The proposal includes a request to convert an existing restaurant to a cocktail lounge; a request to relocate an existing restaurant on the site; and a request to permit outdoor dining in the existing courtyard. The proposal also includes a request to pay I I I I I I an annual fee to the City in lieu of providing the required off - street parking spaces on -site. -21- MINUTES INDEX Lt] 7 COMMISSIONERS �x � o � x z c m o m z 'Pox = o m July 18, 1985 MINUTES City of Newport Beach LL CALL INDEX LOCATION: Lots 12 -16, Block 10, Balboa. Tract, located at 105 Main Street, on the northwesterly corner of East Ocean Front and Main Street, in Central Balboa. ZONE: C -1 -Z APPLICANT: Griswold's Hotel Services, Costa Mesa OWNER: Same as applicant Chairman Person stepped down from the dais because of a possible conflict of interest. Assistant City Attorney Carol Korade referred the Planning Commission to the staff report wherein staff has recommended that the applicant process and record a parcel map prior to the issuance of building permits in accordance with Section 20.87.090A of the Municipal Code. Ms. Korade referred to Section 20.87.090B of the Municipal Code, "Waiver of Combining Requirement" whereby the Planning Commission may desire to waive the . requirement of a parcel map. She said that the required finding to waive the parcel map would read as follows: "The .project is of sufficient length to guarantee that the lots which constitute the building site will be held as a single entity for the economic duration of the building improvement to be placed on the site." Ms. Korade said that the Planning Commission may impose such conditions as deemed necessary to secure the purpose of the Municipal Code which is to insure that the subject lots will not be divided during the course of the time that the main structure is on the parcel. She said that the City Attorney's office recommends that the waiver be a temporary waiver whereby the applicant be allowed 60 days in order to file a parcel map. 0 Commissioner Eichenhofer stated that she is recommending that the restaurant parking be based on one parking space for 'every 50 square feet of "net public area" rather than the typical one space for each 40 sq.ft. of "net public area" because the restaurant will be patronized by hotel patrons and Balboa Peninsula residents who will be walking to the restaurant. _22_ July 18, 1985 MINUTES - R R G O = f C m " 9 D y I z G z A s a T W ; m a a . Cit of Newport ort Beach A INDEX The public hearing was opened at this time, and Mr. Dennis O'Neil, attorney, 3200 Park Center Drive, Costa Mesa, appeared before the Planning Commission. Mr. O'Neil referred to the staff report's reference to a parking agreement entered into between the owner of the property and the City in 1973, providing for an additional 51 spaces in the parking lot. He stated that the applicant agrees with staff that the City is not obligated to comply with the terms of the off -site parking agreement, but in the opinion of the applicant, the parking agreement is not void and is still in effect until 1988. Mr. O'Neil stated that the applicant concurs with the findings and conditions in Exhibit "A ". Mr. O'Neil further stated that the applicant agrees with the recommendation of the City Attorney's office waiver provision as explained by Ms. Korade and that the parcel map will be filed within 60 to 90 days. Mr. Ray Sanford, architect, 703 Narcissus Avenue, appeared before the Planning Commission. Mr. Sanford expressed the applicant's enthusiasm for the proposed • project. He said that the applicant concurs with the findings and conditions in Exhibit "A ", and that the applicant is willing to work with the area's businesses to try and resolve the current parking problems. In response to a question posed by Commissioner Winburn, Mr. Sanford replied that the applicant has not closed escrow on the Bank of America parcel, but that there is a possibility that the 66 parking spaces of the Balboa Inn in the Municipal parking lot may be relocated onto the Bank of America property in the future. . In response to Commissioner Goff's inquiry regarding Condition No. 4, referring to sectioning a portion of the interior of the restaurant to reduce the "net public area" prior to 3:00 p.m., and the applicant's intent during the winter months, Mr. Sanford replied that the applicant intends to have two moveable barriers, one within the restaurant to partition off the restaurant and one to partition off the courtyard seating during the winter. Mr. Sanford stated that he believes that Condition No. 5 allows the Planning Department to govern the subject barriers. 0 111 11111 The public hearing was closed at this time. Discussion followed between the Planning Commission and Ms. Korade -23- July 18, 1985 MINUTES � A C O = H O a j m M A City of Newport Beach _ o S O O LL CALL INDEX regarding the time period for filing and recording the parcel map. Commissioner Eichenhofer made a motion to Motion x approve Use Permit No. 3158 subject to the findings and conditions in Exhibit "A ", including the addition of Finding No. 6. revising Condition No. 2 relative to the parcel map, and revising Condition No. 6 that will allow for 19 in -lieu parking spaces instead of staff's recommendation of 24 in -lieu parking spaces. Commissioner Winburn stated that she will support the motion and that she agrees with Commissioner Eichenhofer's recommendation of one parking space for each 50 square feet of "net public area" for the primary restaurant on the property. Commissioner Winburn also expressed her concerns regarding the existing in -lieu parking fees and standards. Commissioner Goff asked the maker of the motion if the portion of Condition No. 4. stating "including the outdoor dining area and a portion of the interior dining area" be deleted so that the condition will be 1111 1111 applicable during the winter and summers months. Commissioner Eichenhofer accepted the revised condition. Commissioner Turner stated that he will support the motion, and that the proposed project will be a fine addition to the area. Motion was voted on to approve Use Permit No. 3158 Ayes x x including the addition of Finding No. 6, and modified Absent JJxJx Conditions No. 2, 4, and 6. MOTION CARRIED. FINDINGS: 1. That the proposed expansion of the subject restaurant facility is consistent with the General Plan and the Local Coastal Program and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. I I I I I I 3. That there is adequate nighttime parking for the subject restaurant within the Balboa Pier Municipal parking lot and that said parking is 1111111 j within reasonable distance so as to be useful to 0 I the subject restaurant. -24- July 18, 1985 MINUTES 5. The approval of Use Permit No. 3158 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 or improvements in the neighborhood or the general welfare of the City, inasmuch as the operation of the existing restaurant use has not been detrimental to the neighborhood, and the additional area will not be utilized prior to 3:00 p.m. daily. 6. That the project is of sufficient length to guarantee that the lots which constitute the building site will be held as a single entity for the economic duration of the building improvement to be placed on the site. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That an agreement be submitted to the Planning Department wherein it is agreed that the lots which constitute the project will be held as a single building site. A tentative parcel map shall be submitted to the Planning Department within 60 days of the effective date of approval of this use permit. A parcel map shall then be recorded so as to resubdivide the property into a single parcel of land. 3. That the combined "net public area" of the primary restaurant, cocktail lounge and outdoor dining area shall not exceed 2,442 square feet. 4. That the operation of the primary restaurant shall be restricted to the hours between 6:00 a.m. and 2:00 a.m. daily. Only 1,365 square feet of "net public area" shall be utilized prior to 3:00 p.m. daily. After 3 :00 p.m., the entire facility, which includes the cocktail lounge, outdoor dining area, and indoor dining areas, may be used for the service of food and beverages. -25- A A C G = f = s y c V m Z V M s M z � > * m City of Newport Beach __ _ "CALL INDEX 4. That the use of parking spaces. within the Municipal parking lot will not create undue traffic hazards in the surrounding area. 5. The approval of Use Permit No. 3158 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 or improvements in the neighborhood or the general welfare of the City, inasmuch as the operation of the existing restaurant use has not been detrimental to the neighborhood, and the additional area will not be utilized prior to 3:00 p.m. daily. 6. That the project is of sufficient length to guarantee that the lots which constitute the building site will be held as a single entity for the economic duration of the building improvement to be placed on the site. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That an agreement be submitted to the Planning Department wherein it is agreed that the lots which constitute the project will be held as a single building site. A tentative parcel map shall be submitted to the Planning Department within 60 days of the effective date of approval of this use permit. A parcel map shall then be recorded so as to resubdivide the property into a single parcel of land. 3. That the combined "net public area" of the primary restaurant, cocktail lounge and outdoor dining area shall not exceed 2,442 square feet. 4. That the operation of the primary restaurant shall be restricted to the hours between 6:00 a.m. and 2:00 a.m. daily. Only 1,365 square feet of "net public area" shall be utilized prior to 3:00 p.m. daily. After 3 :00 p.m., the entire facility, which includes the cocktail lounge, outdoor dining area, and indoor dining areas, may be used for the service of food and beverages. -25- July 18, 1985 5. That the barrier used to define the limits of the outdoor dining area and the portion of the restaurant that will not be used prior to 3:00 p.m. shall be approved by the Planning Department. 6. That nineteen (19) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the primary restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 7. That the restaurant to be relocated to Suite D shall operate only between the hours of 12:00 noon and 2:00 a.m. S. That no alcoholic beverages shall be served after 12:00 midnight daily in the restaurant in Suite D. 9. That trash receptacles for patrons of the restaurant in Suite D shall be provided in • ( I I I I I I convenient locations inside and outside the I` building. 16. That six in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the restaurant use in Suite D and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 11. That neither restaurant shall feature live entertainment or dancing unless an amendment to this use permit is approved. 12. That a washout area for both restaurant's trash containers shall be provided in such a way as to insure direct drainage. into the sewer system and not into the Bay or the storm drains, unless otherwise approved by the Building Department. 13. That grease interceptors shall be installed on all fixtures in the restaurant facilities where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the • 11111111 Building Department. -26- MINUTES INDEX � R C O = f M y 9 o m z c m> m z m a C m n o z r o ur x s City of Newport Beach z s Z MR M m 5. That the barrier used to define the limits of the outdoor dining area and the portion of the restaurant that will not be used prior to 3:00 p.m. shall be approved by the Planning Department. 6. That nineteen (19) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the primary restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 7. That the restaurant to be relocated to Suite D shall operate only between the hours of 12:00 noon and 2:00 a.m. S. That no alcoholic beverages shall be served after 12:00 midnight daily in the restaurant in Suite D. 9. That trash receptacles for patrons of the restaurant in Suite D shall be provided in • ( I I I I I I convenient locations inside and outside the I` building. 16. That six in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the restaurant use in Suite D and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 11. That neither restaurant shall feature live entertainment or dancing unless an amendment to this use permit is approved. 12. That a washout area for both restaurant's trash containers shall be provided in such a way as to insure direct drainage. into the sewer system and not into the Bay or the storm drains, unless otherwise approved by the Building Department. 13. That grease interceptors shall be installed on all fixtures in the restaurant facilities where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the • 11111111 Building Department. -26- MINUTES INDEX 14. That kitchen exhaust fans shall be designed to control odors and smoke unless otherwise approved by the Building Department. 15. That all mechanical equipment and trash areas shall be screened from East Ocean Front, Main Street, the alley and adjacent properties. 16. That a trash compactor shall be installed in both restaurants. 17. That employees of the various businesses operating on the site shall park in the Municipal parking lot. 18. That the premises and the adjacent public sidewalks shall be kept clean and regularly maintained. 19. That the on -site pedestrian circulation systems shall be approved by the City Traffic Engineer. 20. That any proposed landscaping adjacent to the public right -of -way shall be approved by the Public Works and Parks, Beaches and Recreation Departments. 21. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. No signs shall be permitted on the sidewalk or within the parkway areas. 22. That all awnings and marquees shall conform with the applicable provisions of the Uniform Building Code. 23. That an encroachment agreement shall be approved by the City Council if the applicant desires to install nonstandard improvements within the public right of way. 24. That an 8 foot wide sidewalk shall be constructed parallel to the parcel on the ocean side of East Ocean Front. This sidewalk shall be located six feet from the southerly boundary of said parcel. This 6 foot wide strip shall be appropriately • 11111111 landscaped and maintained by the applicant. -27- MINUTES July 18, 1985 COMMISSIONERS �x c o s z c= 1= p w o a o 9 = T 0 m City of Newport Beach = 14. That kitchen exhaust fans shall be designed to control odors and smoke unless otherwise approved by the Building Department. 15. That all mechanical equipment and trash areas shall be screened from East Ocean Front, Main Street, the alley and adjacent properties. 16. That a trash compactor shall be installed in both restaurants. 17. That employees of the various businesses operating on the site shall park in the Municipal parking lot. 18. That the premises and the adjacent public sidewalks shall be kept clean and regularly maintained. 19. That the on -site pedestrian circulation systems shall be approved by the City Traffic Engineer. 20. That any proposed landscaping adjacent to the public right -of -way shall be approved by the Public Works and Parks, Beaches and Recreation Departments. 21. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. No signs shall be permitted on the sidewalk or within the parkway areas. 22. That all awnings and marquees shall conform with the applicable provisions of the Uniform Building Code. 23. That an encroachment agreement shall be approved by the City Council if the applicant desires to install nonstandard improvements within the public right of way. 24. That an 8 foot wide sidewalk shall be constructed parallel to the parcel on the ocean side of East Ocean Front. This sidewalk shall be located six feet from the southerly boundary of said parcel. This 6 foot wide strip shall be appropriately • 11111111 landscaped and maintained by the applicant. -27- MINUTES ly 18, 1985 COMMISSIONERS July 1 MINUTES �x �o z c m a n a z r 0 C m 0 m i � Z a z s z M In Beach 25. 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 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 unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Municipal Code. A. Use Permit No. 3159 (Public Hearing) Request to permit the construction of a two unit residential condominium development and related garages and carports on property located in the R -2 District. • 11111111 AND B. Resubdivision No. 812 (Public Hearing) Request to resubdivide portions of two lots into a single parcel of land for residential condominium purposes. LOCATION: Portions of Lot 12 and 14, Block 435, Corona del Mar Tract, located at 428 Heliotrope Avenue, on the easterly side of Heliotrope Avenue, between First Avenue and East Coast Highway, in Corona del Mar. ZONE: R -2 APPLICANT: Robert C. Arnold, Madera OWNER: Same as applicant ENGINEER: Duca- McCoy, Inc., Irvine . The public hearing was opened in connection with this item, and Mr. R. C. Arnold, applicant, appeared before the Planning Commission. In response to Mr. Arnold's inquiry regarding the skylights, Mr. Laycock responded -28- and ly 18, 1985 COMMISSIONERS July MINUTES R Beach that the proposed skylights exceeded the average 24 Motion x foot height limit. Mr. Arnold stated that he concurs All Ayes with the findings and conditions in Exhibit "A ". The public hearing closed at this time. Chairman Person made a motion to approve Use Permit No. 3159 and Resubdivision No. 812, subject to the related findings and conditions in Exhibit "A ". USE PERMIT NO. 3159 FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. I I I I I I I( 2 The project complies with all applicable standards for development in the district in which the property is located. • I I I I I I 3. The project is consistent with the adopted goals and policies of the General Plan and the Local Coastal Program, Land Use Plan. 4. That an adequate number of on -site parking spaces will be provided in conjunction with the resi- dential condominium development. 5. The approval of Use Permit No. 3159 will not, under the circumstances of this case, be detri- mental 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 noted in the following conditions. 2. That all skylights shall conform to the permitted average roof height. • 3. That one garage space and one partially covered parking space shall be provided for each dwelling unit. . -29- , o z c m m z IM a M z r Q I M m O i M a m Z s z s z* m R Beach that the proposed skylights exceeded the average 24 Motion x foot height limit. Mr. Arnold stated that he concurs All Ayes with the findings and conditions in Exhibit "A ". The public hearing closed at this time. Chairman Person made a motion to approve Use Permit No. 3159 and Resubdivision No. 812, subject to the related findings and conditions in Exhibit "A ". USE PERMIT NO. 3159 FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. I I I I I I I( 2 The project complies with all applicable standards for development in the district in which the property is located. • I I I I I I 3. The project is consistent with the adopted goals and policies of the General Plan and the Local Coastal Program, Land Use Plan. 4. That an adequate number of on -site parking spaces will be provided in conjunction with the resi- dential condominium development. 5. The approval of Use Permit No. 3159 will not, under the circumstances of this case, be detri- mental 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 noted in the following conditions. 2. That all skylights shall conform to the permitted average roof height. • 3. That one garage space and one partially covered parking space shall be provided for each dwelling unit. . -29- July 18, 1985 COMMISSIONERS MINUTES 4. That all conditions of Resubdivision No. 812 shall be fulfilled. 5. 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. NO. 812 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport 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. 0 11111111 CONDITIONS: 1. That a parcel map shall be recorded. 2. That all improvements shall be constructed as required by ordinance and the Public Works Depart- ment. 3. That a standard subdivision agreement and accompa- nying surety shall be provided in order to guaran- tee satisfactory completion of the public improve- ments 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 shall be served with an individual water service and sewer lateral con- nection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That all vehicular access to the property shall be taken from the adjacent alley. I I I { I I 6. That the displaced portions of curb, gutter and I sidewalk along Heliotrope Avenue shall be replaced to the satisfaction of the Public Works Depart- ment. -30- A Co F y 9 7 m z c m T z n = w City M = m of Newport Beach 4. That all conditions of Resubdivision No. 812 shall be fulfilled. 5. 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. NO. 812 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport 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. 0 11111111 CONDITIONS: 1. That a parcel map shall be recorded. 2. That all improvements shall be constructed as required by ordinance and the Public Works Depart- ment. 3. That a standard subdivision agreement and accompa- nying surety shall be provided in order to guaran- tee satisfactory completion of the public improve- ments 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 shall be served with an individual water service and sewer lateral con- nection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That all vehicular access to the property shall be taken from the adjacent alley. I I I { I I 6. That the displaced portions of curb, gutter and I sidewalk along Heliotrope Avenue shall be replaced to the satisfaction of the Public Works Depart- ment. -30- July 18, 1985 MINUTES • A D J O U R N M E N T: 9:20 p.m. PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -31- �o f C v a m z c m z z c z 0 z 0 0 9 = A = � m City of Newport Beach A LL CALL INDEX 7. 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 Commission. A D D I T I 0 N A L B U S I N E S S: Additional Business Commissioner Goff requested that staff investigate why a copy of the letter from the Arches Restaurant to the Arches City Council dated July 8, 1985, was not received by Restaurant Letter the Planning Department at an earlier date so that said letter could have been included in the Commissioners' packets. Chairman Person informed the Commission that reserva- tions for the League of California Cities Convention League of must be submitted to Kay Kamm by Friday, July 26, 1985. Calif.CitiE Convention. It was determined that six of the Commissioners will be attending said convention. Chairman Person suggested that the Commission should Review review its procedures periodically, such as considering Procedures Recommen- adding a Consent Calendar item to the Planning Commis - sion agenda. dation • A D J O U R N M E N T: 9:20 p.m. PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -31-