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HomeMy WebLinkAbout07/21/1988REGULAR PLANNING COMMISSION MEETING COMMISSIONERS PLACE: City Council Chambers MINUTES ya 0f0 o, a� TIME: DATE: 7:30 p.m. July 21, 1988 ?Aoy��yo s ` 1 CITY * * OF NEWPORT * * All Planning Commissioners were present. BEACH ROLL CALL INDEX Present * * * * * All Planning Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of July 7. 1988: Minutes of Commissioner Koppelman referred to page 25, second 7 -7 -88 paragraph, fourth line, and requested that the sehtence be clarified to state "..parking in the lot was directly related to Coco's Restaurant.." Motion * Motion was made and voted on to approve the amended July Ayes * * * * * 7, 1988, Planning Commission Minutes. MOTION CARRIED. Abstain Public Comments: Public Comments No persons came forth to speak on non - agenda items. Posting of the A e�{ nda: Posting of William Laycock, Current Planning Manager, stated that theAyenda the Planning Commission Agenda was posted on Friday, July 15, 1988, in front of City Hall. Request for Continuance: Request for Continuance Mr. Laycock stated that staff recommends that Item No. 6, Use Permit No. 3284 (Amended), regarding a proposed take -out restaurant located at 3423 Via Lido be • continued to the August 4, 1988, Planning Commission meeting, and that the appellant, Harbor Island Community Association, has requested that Item No. 8, Modification No. 3388, regarding structural alterations at 16 Harbor COMMISSIONERS MINUTES July 21, 1988 mG 9N 9�i 4 9y'Pt ?i9o�yf! o y CITY OF NEWPORT BEACH ROLL CALL INDEX Island, be withdrawn. Motion * Motion was made and voted on to continue Use Permit No. All Ayes 3284 (Amended) to the August 4, 1988, Planning Commission meeting. MOTION CARRIED. Resubdivision No. 874 (Public Hearing) Item No.l Request to resubdivide an existing lot into a single 8874 parcel of land for a two unit residential condominium development on property located in the R -2 District. Approved LOCATION: Lot 16, Tract No. 682, located at 614 Avocado Avenue, on the southeasterly side of Avocado Avenue, between Third Avenue and Fourth Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: James Kaviani, Newport Beach OWNER: Same as applicant ENGINEER/ ARCHITECT: Balboa Pacific, Newport Beach The public hearing was opened in connection with this item, and Mr. James Kaviani, applicant, appeared before the Planning Commission. Mr. Kaviani stated that he concurs with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Resubdivision All Ayes No. 874, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of • the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans -2- COMMISSIONERS 49 - ay .���(C vy CITY OF NEWPORT BEACH MINUTES July 21, 1988 ROL CALL INDEX and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That sidewalk reconstruction on Avocado Avenue will improve pedestrian safety. CONDITIONS: 1. That a parcel map be recorded prior to occupancy and that the parcel map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That all vehicular access to the property be from the adjacent alley. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to completion of the public improvements. 7. That the deteriorated and displaced portions of curb, gutter and sidewalk be reconstructed along Avocado Avenue, under an encroachment permit issued by the Public Works Department. 8. That the applicant shall obtain Coastal Commission approval of this application prior to the • recordation of the parcel map. 9. That a park dedication fee for one dwelling unit -3- COMMISSIONERS ZA 0ON �d mGF��'99�9'b. X o�$ r< y CITY OF NEWPORT BEACH MINUTES July 21, 1988 ROLL CALL INDEX shall be paid in accordance with Chapter 19.50 of the Municipal Code. 10. That the Public Works Department's plan check and inspection fee shall be paid. 11. 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 875 (Public Hearing) Item No.2 Request to resubdivide portions of two existing lots 8875 into a single parcel of land for a two unit residential condominium development on property located in the R -2 Approved District. LOCATION: Portions of Lots 11 and 12, Block 137, River Section, Newport Beach, located at • 3709 -A and 3709 -B Lake Avenue, on the southwesterly side of Lake Avenue, between 37th Street and 38th Street, in West Newport. ZONE: R -2 APPLICANT: Louis Skelton, Long Beach OWNERS: Joy and Ray Taylor and Steve Gaspard, Newport Beach ENGINEER/ ARCHITECT: Same as applicant William Laycock, Current Planning Manager, referred to a letter of opposition from Dr. Gary L. Wyatt, 3704 Park Lane, regarding the subject project. Mr. Laycock commented that the project will have to meet all of the City's zoning requirements as to building height, yard setbacks, and buildable area. In response to questions posed by Chairman Pers6n, Mr. Laycock confirmed that the property is currently located in the R -2 District, and that a duplex could be constructed on the property without requiring the • approval of a resubdivision. -4- COMMISSIONERS MINUTES �npo��Gt^m July 21, 1988 y �- y0�$ro CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Louis Skelton, applicant and architect, appeared before the Planning Commission. He pointed out that the City's building and zoning requirements will be met, and that he concurs with the findings and conditions in Exhibit "A ". Commissioner Pomeroy referred to a photograph that was included in the foregoing letter depicting the view from Dr. Wyatt's second story bedroom and he requested that Mr. Skelton approximate the roof line of the proposed project on said photograph. Dr. Gary L. Wyatt, 3704 Park Lane, appeared before the Planning Commission in opposition to the project as stated in the foregoing letter. Dr. Wyatt stated that the photograph depicts the view from the back of his house from the master bedroom; that a two story structure would block his view and decrease the value of his property; and he addressed the proposed four car garage and the difficulty to maneuver automobiles in the • alley. Dr. Wyatt commented that three years ago he had applied for a permit to expand his dwelling, and that said application was denied because of the high density on the lot. In response to questions posed by Chairman PersSn, Mr. Laygock confirmed that no zone changes or building regulations have been changed in the area during the past four years. Assistant City Attorney Carol Korade explained that the Planning Commission does not have the authority to protect private views because the application consists of a resubdivision, and she referred to the staff report which states the findings required to deny the application. In response to what recourses Dr. Wyatt has to oppose the subject application, Ms. Korade explained that there is no recourse but for him to purchase the property. Mr. Don Rez, 301 - 36th Street, appeared before the Planning Commission. In response to questions that he posed regarding proposed setbacks and parking requirements, Mr. Laycock described the required setbacks on the lot, and he explained that the City requires three parking spaces, or 1.5 parking spaces for • each dwelling unit; however, the Coastal Zone Standards require four parking spaces, or 2 parking spaces for -5- COMMISSIONERS o � 0 x'0.0 9�m 9y CITY OF NEWPORT BEACH MINUTES July 21, 1988 ROL CALL INDEX each dwelling unit. Mr. Rez stated his concerns regarding the shortage of parking spaces in the area. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sano stated that the application complies with all of the City's regulations, and that Motion * there are no reasons to deny the project. Motion was made to approve Resubdivision No. 875 subject to the findings and conditions in Exhibit "A ". Chairman Pers6n stated that he would support the motion inasmuch as the property is zoned R -2. He indicated that he would support an effort by the residents if they petitioned their neighbors to downzone the area to R -1; however, he questioned if the R -2 property owners would be receptive to downzoning the area. Ayes * * * * * * Motion was voted on to approve Resubdivision No. 875, No * MOTION CARRIED. FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to occupancy and that the parcel map be prepared using the State • Plane Coordinate System as a basis of bearing. -6- COMMISSIONERS MINUTES o \Ir July 21, 1988 9r y CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department., 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That all vehicular access to the property be from the adjacent alley. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to completion of the public improvements. 7. That the deteriorated and displaced portions of • curb, gutter, and sidewalk be reconstructed along Lake Avenue under an encroachment permit issued by the Public Works Department. 8. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 9. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 10. That the Public Works Department's plan check and inspection fees be paid. 11. 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. -7- COMMISSIONERS MINUTES yA oa���� July 21, 1988 Aft �D 9 9a CITY OF NEWPORT BEACH ROLL CALL INDEX A. Use Permit No. 1588 (Amended)(Public Hearing) Item No.3 Request to amend a previously approved use permit which .UP1588A permitted the addition of dancing and live entertainment to an existing Tibbie's Music Hall Restaurant UP1804A (previously known as Baxter's) in the M -1 -A District. Said amendment proposes to limit the amount of interior Approved "net public area" used in the existing restaurant so as to allow the use of the additional "net public area" in the proposed patio dining area requested in conjunction with Use Permit No. 1804 (Amended). AND B. Use Permit No 1804 (Amended)(Public Hearing) Request to amend a previously approved use permit which permitted a change in the operational characteristics of an existing Coco's Restaurant in the M -1 -A District so as to add the incidental service of on -sale beer and wine. The proposed amendment consists of the addition of "net public area" on a patio for dining and drinking • purposes. LOCATION: Lot 13, Tract No. 5169, located at 4647 MacArthur Boulevard, on the northwesterly corner of Birch Street and MacArthur Boulevard, across from the Sheraton Newport Hotel. ZONE: M -1 -A APPLICANT: Grace Restaurant Company, Irvine OWNER: Rainier Mortgage Company, Laguna Niguel The public hearing was opened in connection with this item, and Mr. William Boger, appeared before the Planning Commission on behalf of the applicant. Mr. Boger stated that he concurs with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Winburn regarding the closure of the upstairs area at Tibbie's Music Hall Restaurant, Mr. Boger replied that the area has been closed for approximately six weeks. Mr. Boger explained that one of the reasons that the applicant is requesting the expansion of Coco's Restaurant is so the • overflow of patrons from Coco's Restaurant will not have to be moved to the adjacent restaurant area. Mr. Boger -8- COMMISSIONERS MINUTES a o� L�� o.G� July 21, 1988 9y9�NOy�T�$o 9y CITY OF NEWPORT BEACH ROLL CALL INDEX referred to Exhibit "B ", Condition No. 5, and he pointed out that "Jamboree Road" should be corrected to state "MacArthur Boulevard ". There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made and voted on to approve Use Permit No. Motion 1588 (Amended) subject to the findings and conditions in All Ayes Exhibit "A ", and Use Permit No. 1804 (Amended) subject to the findings and conditions in Exhibit "B ", including modified Condition No. 5. MOTION CARRIED. USE PERMIT N0. 1588 (AMENDED) ndi s: 1. That the existing restaurant use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular i circulation are being provided in conjunction with the existing and proposed restaurant operation. 3. That the approval of Use Permit No. 1588 (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 to the general welfare of the City. Conditions: 1. That development shall be in substantial confor- mance with the approved site plan and floor plans except as provided in the following conditions. 2. That the up- stairs dining area of the subject restaurant shall not be open for restaurant use before 5:00 p.m. Monday through Friday. 3. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare -9- COMMISSIONERS MINUTES July 21, 1988 G�t"9 s�9C C9o� CITY OF NEWPORT BEACH ROLL CALL INDEX of the community. 4. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. USE PERMIT N0. 1804 (AMENDED) Findings: 1. That the existing and proposed restaurant use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. The project will not have a significant environmental impact. 3. That the waiver of the development standards as they pertain to walls will not be detrimental to adjoining properties. 4. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed restaurant operation. 5. That the hours of operation of the proposed patio dining area and the closing of the upstairs portion of the Tibbie's Music Hall Restaurant, as well as the operation of the bank and other offices on the site are such as to allow joint use of the on -site parking areas. 6. That the approval of Use Permit No. 1804 (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 to the general welfare of the City. Conditions: 1. That development shall be in substantial confor- mance with the approved site plan, floor plan and elevations except as provided in the following conditions. -10- COMMISSIONERS •� \XOAI CITY OF NEWPORT BEACH MINUTES July 21, 1988 ROL CALL INDEX 2. That all previous applicable conditions of approval for Use Permit No. 1804 shall be fulfilled. 3. That the applicant shall provide a minimum of one parking space for each 40 square feet of "net public area" (64 spaces) for the subject restaurant. 4. That the development standards pertaining to walls shall be waived. 5. That all mechanical equipment and trash areas shall be screened from MacArthur Boulevard, Birch Street and adjoining properties. 6. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, • safety, peace, morals, comfort, or general welfare of the community. 7. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No 1892 (Amended)(Public Hearing) Item No.4 UP1892A Request to amend a previously approved use permit which permitted the establishment of the Temple Bat Yahm Synagogue on property located in the North Ford Planned Community. The proposed amendment includes a request to Approved establish a day school for grades 1 through 3 within an existing structure located on the subject property. LOCATION: Parcel No. 1 of Parcel Map 154 -19 (Resubdivision No. 611), located at 1011 Camelback Street, on the southeasterly corner of Camelback Street and Jamboree Road in the North Ford Planned Community. ZONE; P -C APPLICANT: Temple Bat Yahm, Newport Beach -il- COMMISSIONERS �14' �0 ONO�m srzzo CITY OF NEWPORT BEACH MINUTES July 21, 1988 ROL CALL INDEX OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. David Zimberoff, 4527 Orrington Road, appeared before the Planning Commission on behalf of the applicant. Mr. Zimberoff concurred with the findings and conditions in Exhibit "A". There being no others to appear before the Planning Commission, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. All Ayes 1892 (Amended) subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. Findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. Adequate off - street parking is being provided. in conjunction with the proposed use. 3. The approval of Use Permit No. 1892 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That development shall be in substantial conformance with the approved plot plan and floor plan except as noted below. 2. That all applicable conditions of approval for Use Permit No. 1892, as approved by the Planning Commission on January 4, 1979 shall remain in effect. 3. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, • causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare -12- COMMISSIONERS MINUTES July 21, 1988 ` s CITY OF NEWPORT BEACH ROLL CALL INDEX of the community. 4. That an on -site drop -off area acceptable to the City Traffic Engineer shall be designated for parents dropping- off /picking -up students. 5. That this amendment to Use Permit No. 1892 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3005 (Amended) (Public Hearing) Item No.S Request to amend a previously approved use permit which UP3005A permitted the establishment of an automobile rental facility on property located in the C -1 -H District. The Continued proposed amendment involves a request to permit the sale to of boats, boat trailers and similar watercraft, in 8 -18 -88 conjunction with the auto rental facility. • LOCATION: Lots 1, 2, 3 and a portion of Lot 4, Tract No. 1210, located at 200 West Coast Highway, on the northwesterly corner of Dover Drive and West Coast Highway, in the vicinity of the Newport Bay Bridge. ZONE: C -1 -H APPLICANT: Dial Fun Center, Newport Beach OWNER: Horwin /Gordon, Newport Beach William Laycock, Current Planning Manager, referred to the addendum to the staff report regarding staff's recommendation to add Finding No. 6 to Exhibit "A" and to add Exhibit "B ", Findings for Denial. Mr. Laycock stated that staff had visited the subject site prior to the Planning Commission meeting, and that two conditions of approval of the original use permit have not been met. He referred to Condition No. 10 which states "that ten (10) parking spaces shall be provided for employee and customer parking and that said spaces shall be clearly marked. ", and he stated that the parking spaces were marked, but there were two boats stored either on the parking spaces or in the access • area. In response to a question posed by Chairman Pers6n, Mr. Laycock, replied that there were seven -13- COMMISSIONERS MINUTES yq�F�o�s°�� July 21, 1988 y ` y CITY OF NEWPORT BEACH ROLL CALL INDEX parking spaces located at the rear of the site. He further stated that a portion of the parking spaces were not covered but it would have been very difficult for someone to park an automobile in said parking spaces because of the boat display in the access area. In reference to Condition No. 13 which states "that no vehicles shall be displayed within the public right -of- way along the Dover Drive and West Coast Highway frontages and that planters shall be provided at the property line across those driveways not normally used for automobile access. ", Mr. Laycock responded that there is an access onto Dover Drive that is not used for automobile access and there are no landscape planters. Don Webb, City Engineer, stated that he had observed an automobile parked in the Dover Drive driveway, and he recommended that Condition No. 13 further state "..that no parking, tow away' signs be posted on the fencing area ", inasmuch as no one is permitted to park in the driveways. Carol Korade, Assistant City Attorney, referred to a • memorandum dated July 21, 1988, from the City Attorney's Office to the Planning Commission, recommending that the following conditions be added if the Planning Commission approved the subject amended use permit: "11. This amended Use Permit No. 3005 supersedes the prior Use Permit No. 3005. The following findings and conditions of the original Use Permit No. 3005 are included and incorporated into this Use Permit." Ms. Korade explained that said condition would be applied only if the use permit were limited to boats. She commented that the applicants are requesting to maintain an automobile rental facility in conjunction with boat sales. "12. The applicant shall submit a letter to the City Attorney's Office agreeing that if there are any further violations of the terms and conditions of this Use Permit, revocation proceedings will be immediately commenced. Applicant further agrees that the failure to comply with all terms and conditions of this Use Permit will be deemed consent to revocation." • "13. The applicant expressly agrees and understands that it will solely use the property for the uses -14- COMMISSIONERS MINUTES yA oomO�a July 21, 1988 BG� 9N 9y�'0,u 9 9f� qi CITY OF NEWPORT BEACH ROLL CALL INDEX expressly specified in this use permit unless he or she obtains a prior amendment to the use permit." Ms. Korade explained that the foregoing conditions are recommended inasmuch as the current applicant expanded the use with knowledge that the current use was limited only to automobile rental and sales, and the additional conditions would satisfy the Planning Commission's concerns regarding future violations. In response to questions posed by Commissioner Di Sano, Ms. Korade replied that the conditions put the applicant on notice and if the applicant consents to the conditions, then said conditions can be imposed. She explained that said conditions are not denying anyone any undue process inasmuch as the use permit would have to come back to the Planning Commission for discretionary action. Commissioner Koppelman referred to the foregoing conditions that have not been met under the previously approved use permit, and she questioned if the Planning • Commission should continue to hear the subject application if prior conditions have not been corrected. In response to a question posed by Commissioner Debay, Ms. Korade replied that the use permit runs with the land; therefore, the property owner and the applicant are both in violation. She explained that the occupants would primarily be responsible because of an active violation, and the property owner would be responsible because of a passive violation by allowing the use permit violations to continue to exist on the property. In response to a question posed by Chairman Pers6n, Mr. Laycock replied that to operate a boat facility in conjunction with an automobile rental facility on the site would not be a conflict inasmuch as the only area the applicants have for an automobile display is adjacent to the driveway on West Coast Highway. In referring to the plot plan, he pointed out that there is a display area for only three to four automobiles. In response to questions posed by Commissioner Winburn regarding previously approved conditions, Mr. Laycock replied that the reason for a white line on the pavement is to divide the parking area from the boat display area. Mr. Laycock further replied that the previous • condition requiring that the use permit to be reviewed within ninety days after the effective date of the -15- COMMISSIONERS MINUTES FA�� Fm July 21, 1988 dG�n��y99,cy Fj, 9 90 oy C C 20 y ` s CITY OF NEWPORT BEACH ROLL CALL INDEX permit is no longer in effect, and if the Planning Commission desires to add a similar condition to the subject use permit, they would have to add said condition. The public hearing was opened in connection with this item, and Mr. Oscar Fisher, Moreno Valley, appeared before the Planning Commission on behalf of the applicant. In response to questions posed by Chairman Pers6n, Mr. Fisher replied that Mr. Friedhoff is the owner of Dial Fun Center, and that he has given Mr. Fisher authority to act on his behalf. Chairman Pers6n stated that the subject facility has been a continuing problem, and he said that Mr. Friedhoff opened the facility after consulting with the City and after he was informed that he was not permitted to display boats. Mr. Fisher stated that an employee, Ms. Watts, was informed by the City that the boats were not permitted; however, she did not notify Mr. Friedhoff until the following Thursday morning at which time she was directed to apply for a use permit. Mr. Fisher added that by that time, the boats were in route to the facility. Chairman Pers6n pointed out that the required parking spaces were covered up when he visited the site, and Mr. Fisher explained that except when the boats were being moved around for display purposes, the boats were behind the required line and that they were parked in slots. Commissioner Winburn commented that on a previous visit to the site by her, that the boats had taken up the entire lot except for four parking spaces. Chairman Pers6n emphasized that the subject facility is located on property that is constantly observed by members of the Planning Commission, and that the Planning Commission can call up the use permit for review or revocation if there is a violation. Mr. Fisher assured the Planning Commission that the parking spaces will not be blocked again, that he would comply with all of the conditions to the use permit, and that Mr. Friedhoff would be notified of said conditions. In response to a question posed by Chairman Pers6n, Mr. Fisher replied that he had read the proposed conditions. In response to questions posed by Commissioner Di Sano, Mr. Fisher replied that there is a boat facility owned by Dial Fun Center near the Santa Ana Freeway and Anaheim Stadium that is currently the corporate • headquarters. Commissioner Di Sano compared the subject site to the Anaheim facility, and he pointed out the -16- COMMISSIONERS o,� vim mG���9m�9f - y o C v2 CITY OF NEWPORT BEACH MINUTES July 21, 1988 ROLL CALL INDEX easy access and adequate space in Anaheim. Commissioner Di Sano commented that he had concerns that the subject lot may not be an adequate area for an automobile rental facility and a boat display complex. Mr. Fisher responded that the applicants are considering an automobile rental facility for the future, and he indicated that the area could only accommodate two or three automobiles. Chairman Pers6n emphasized that the application does not include recreational vehicles, including campers, and that it does not include trailers, except boat trailers with boats on the trailers. Mr. Fisher concurred that he understood the restrictions. Chairman Pers6n stated that if the facility took in trade a recreational vehicle, the recreational vehicle would be required to be removed from the site immediately. In response to questions posed by Commissioner Koppelman, Mr. Fisher replied that all of the boats are on trailers, and that the maximum size boat will *be thirty feet. • In response to questions posed by Commissioner Merrill, Mr. Fisher replied that Mr. Friedhoff is at the subject facility each morning for approximately two hours; however, he indicated that the corporate headquarters would be moved to the subject facility beginning the first of the month. Mr. Fisher further replied that the facility's staff totals seven employees. In response to a question posed by Chairman Pers6n, Mr. Fisher concurred that the applicants cannot expand the building currently on the site. In response to a question posed by Commissioner Koppelman, Mr. Fisher replied that the porters clean the boats at night with a spray mister. Commissioner Debay stated that Mr. Friedhoff should have attended the subject Planning Commission meeting, that the business has been conducted piecemeal, and that the applicant should have been informed that there was not a permit allowing boats when the lease was signed. Chairman Pers6n and Mr. Webb discussed a proposed condition that would prohibit the applicants from loading or unloading boats on the site with a crane. In response to questions posed by Commissioner Debay, -17- COMMISSIONERS MINUTES July 21, 1988 99ooyf C o y ` $ CITY OF NEWPORT BEACH ROM CALL INDEX Mr. Fisher replied that the applicants were not aware that boats were prohibited from the site until they were notified otherwise, and they were not aware of the requirement concerning parking spaces. The Planning Commission, staff, and Mr. Fisher discussed previous occupants located on the site. Mr. Fisher commented that Mr. Friedhoff originally operated Dial Auto Center. The Planning Commission considered an added condition which would state "that the use permit shall come back automatically within sixty to ninety days with both the property owner and Mr. Friedhoff." There being no others desiring to appear and be heard, the public hearing was closed at this time. Chairman PersGn, Commissioner Pomeroy, and Ms. Korade discussed the possible strategies that could be followed by the applicant if the Planning Commission denied the use permit. Commissioner Debay emphasized that the Planning Commission should not allow applicants and property owners to operate as they please and then the Planning Commission attempt to comply with those people. She indicated that the use is too intense for the size of the lot, that the location is a hazard area, and that there was a crane on the lot during the past week. motion * Commissioner Koppelman made a motion that the use permit be continued to the Planning Commission meeting of August 18, 1988, so as to allow the applicants time to comply with Conditions No. 10 and No. 13 regarding landscaping and parking spaces so as to show good faith, and to require the property owner and the applicant, Mr. Friedhoff to come back to the Planning Commission to show that they can operate a safe, sane, and proper business on the site. Mr. Webb referred to Condition No. 18 of the original use permit regarding on -site lighting, and he indicated that said condition has not been complied with inasmuch as one light on the sign post in the center of the lot is visible from the westbound right turn lane on West Coast Highway and the light needs to be removed. In reference to the motion, Commissioner Koppelman _18 COMMISSIONERS SSG 9N 99�An929X �y90 ���`��9� CITY OF NEWPORT BEACH MINUTES July 21, 1988 ROLL CALL INDEX explained that the property owner should appear before the Planning Commission considering the numerous problems that have occurred on the property, and that Mr. Friedhoff should attend the Planning Commission meeting inasmuch as he is the responsible party for the conduct of the business. Commissioner Koppelman and Mr. Webb discussed the potential hazard of maneuvering boats and trailers in the area. Mr. Webb explained that the boats and trailers could be handled adequately if the applicants utilized the three driveways to pull directly onto the site. Mr. Laycock and Mr. Webb discussed the condition regarding landscape planters in the driveways, and the portable landscape planters that had been installed by previous occupants. Substitute Substitute motion was made to deny Use Permit No. 3005 Motion * (Amended) subject to the findings in Exhibit "B ". Commissioner Di Sano stated that he would support the original motion inasmuch as the property owner and the • applicant would be required to appear before the Planning Commission. Ayes * * * Substitute motion was voted on to deny Use Permit No. Noes * * * * 3005 (Amended), MOTION FAILED. The foregoing original motion was voted on to continue All Ayes Use Permit No. 3005 (Amended) to the August 18, 1988, Planning Commission meeting, subject to the instructions to the applicant's representative. MOTION CARRIED. Mr. Fisher reappeared before the Planning Commission. Chairman Pers6n suggested that Mr. Friedhoff and Mr. Fisher listen to the taped public hearing prior to the August 18, 1988, Planning Commission meeting. He emphasized that members of the Planning Commission drive by the facility daily, and that they expect the conditions of approval as they exist to be complied with immediately. Chairman Pers6n stated that staff and the Planning Commission will be reinspecting the property, and that they will not only be observing the conduct of the property owner and the applicant during the next thirty days, but the conduct shall determine the outcome of the way the Planning Commission votes regarding the subject application. Chairman Pers6n stated the importance of the property owner and Mr. Friedhoff to be • at the August 18, 1988, Planning Commission meeting. -19- COMMISSIONERS MINUTES %o o� 3� �oo$moFm July 21, 1988 0 dG 9p o 9 F� y0 s CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3284 (Amended)(Public Hearing) Item No.6 Request to amend a previously approved use permit which permitted the establishment of a take -out restaurant in UP3284A the C -1 -H District. The proposed amendment includes a request to delete Condition No. 11 of the original use Continued permit so as to allow the restaurant the exclusive use to of a portion of the common patio seating area. The 8_4_88 proposal also includes a change in the operational characteristics of the take -out restaurant use so as to allow the use of compact parking spaces for a portion of the required off - street parking. LOCATION: Parcel No. 1 of Parcel Map 85 -1 (Resubdivision No. 516), located at 3423 Via Lido, on the southerly side of Via Lido between Newport Boulevard and Via Oporto in Via Lido Plaza. ZONE: C -1 -H APPLICANT: Newport Via Lido Associates, Orange • OWNER: Same as applicant William Laycock, Current Planning Manager, stated that staff has requested that this item be continued to the August 4, 1988, Planning Commission meeting. Motion * Motion was made and voted on to continue this item to All Ayes the August 4, 1988, Planning Commission meeting. MOTION CARRIED. *�t* Use Permit No. 3319 (Public Hearing) Item No.7 Request to change the operational characteristics of an UP3319 existing nonconforming take -out restaurant facility which previously specialized in the sale of yogurt and Approved shaved ice. The proposed take -out restaurant will specialize in a variety of Mexican food items and will include a more substantial food preparation operation. The proposal also includes a request to waive all of the required off - street parking spaces; and to increase the hours of operation from 7:00 a.m. to 10:00 p.m. daily, whereas the previous operation did not open until 10:30 • a.m. daily. -20- COMMISSIONERS g a o,j¢o,4 CITY OF NEWPORT BEACH MINUTES July 21, 1988 MW ROLL CALL INDEX ,LOCATION: Lot 23, Block 12, Section 4, Balboa Island, located at 211 Marine Avenue, on the westerly side of Marine Avenue, between Balboa Avenue and Park Avenue, on Balboa Island. ZONE: C -1 APPLICANT: Alex Lovers, Corona del Mar OWNER: Jax Beverly Hills, Inc., Los Angeles Commissioner Debay referred to Condition No. 2, Exhibit "A ", regarding the storage of the moped, and in response to a question posed by her, William Laycock, Current Planning Manager, replied that the moped will be stored in a storage area between the rear dwelling unit and the store. The public hearing was opened in connection with this item, and Mr. Alex Lovers, applicant, appeared before the Planning Commission. Mr. Lovers. stated that he • concurs with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Koppelman regarding previous complaints of exhaust fumes from the Mucho Munchies take -out restaurant in Corona del Mar, Mr. Lovera explained that from the mistakes that were made when the take -out restaurant was opened, a new and improved exhaust system will be installed in the subject take -out restaurant. Mr. Lovera indicated that the occupants of the adjacent businesses and residences have stated their approval of the take -out restaurant. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. All Ayes 3319 subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the proposed project is consistent with the Land Use Element of the General Plan and with the Local Coastal Program and is compatible with the surrounding land uses. • 2. That the project will not have any significant environmental impact. 21- COMMISSIONERS o 1 y a. °o yo�"osm 9y 9y CITY OF NEWPORT BEACH MINUTES July 21, 1988 ROLL CALL INDEX 3. That the waiver of the development standards as they pertain to walls, utilities, parking lot illumination, landscaping, and the required parking will not be detrimental to adjoining properties. 4. That the approval of Use Permit No. 3319 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 to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That the moped used for deliveries shall not be stored on the public street, sidewalk, or alley when not in use. • 3. That the facility shall be open for business only between the hours of 7:00 a.m. to 10:00 p.m. daily. 4. That the development standards pertaining to traffic circulation, walls, landscaping, utilities, parking lot illumination, and the required parking spaces shall be waived. 5. That no alcoholic beverages shall be sold on the premises unless the Planning Commission approves an amendment to this use permit. 6. That trash receptacles for patrons shall be located in convenient locations inside the building. 7. That grease interceptors shall be installed on all fixtures in the take -out restaurant where grease may be introduced into the drainage systems in accordance with' the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 8. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. • 9. That no trash shall be stored in the alley setback area except when awaiting an imminently scheduled -22- COMMISSIONERS yAG 9N �9'O,c 9 �'yi. z ` �qs yo CITY OF NEWPORT BEACH < MINUTES July 21, 1988 ROLL CALL INDEX collection. 10. That all mechanical equipment and trash areas shall be screened from the alley and adjoining properties. 11. That the sidewalk shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed, or washed in such a manner that any debris or wastewater does not enter the storm drain system or the bay. 12. That no seating and no tables shall be provided in the facility unless an amendment to this use permit is approved by the Planning Commission. 13. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. • 14. That a trash compactor be provided in the restaurant facility. 15. That the approval of the Coastal Commission shall be obtained. 16. 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 amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. 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. -23- COMMISSIONERS A t `y CITY OF NEWPORT BEACH MINUTES July 21, 1988 ROLL CALL INDEX Modification No. 3388 (Public Hearing) Item No.8 Request to permit the structural alterations of an M3388 existing nonconforming garage that encroaches 27 feet 3 inches t beyond the original Tract No. 802 boundary Withdrawn adjacent to the bay. LOCATION: Lot 16, Tract No. 802, located at 16 Harbor Island, adjacent to the Harbor Island bridge, on Harbor Island. ZONE: R -1 APPLICANT: William Power, Newport Beach OWNER: Same as applicant APPELLANT: Harbor Island Community Association, Newport Beach William Laycock, Current Planning Manager, stated that the appellant has requested that this item be withdrawn. DISCUSSION ITEM: Discussion Item Proposed Amendment Item No.l Request to consider amending Title 20 of the Newport Proposed Beach Municipal Code pertaining to the expiration of use Amendment permit, variance and modification permit approvals. Motion * Motion was made and voted on to set this matter for All Ayes public hearing on the August 4, 1988, Planning Commission meeting. MOTION CARRIED. �r ,t ADDITIONAL BUSINESS: Add'1 Business Chairman PersGn informed the Planning Commission that he is calling a special meeting to begin the public hearing General process for the General Plan Update on August 11, 1988, Plan Public • at 7:30 p.m. in the Council Chambers. Hearing -24- COMMISSIONERS 9a CITY OF NEWPORT BEACH MINUTES July 21, 1988 ROL CALL INDEX Commissioner Koppelman informed the Planning Commission Koppelman that she is retiring from the Commission. Resign&- tion ADJOURNMENT: 8:55 p.m. Adjournment JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -25-