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Home My WebLink About08/09/1984MINUTES ROLL CALL III Jill INDEX Present Ix lxlxlxlxl x x • Motion Ayes lxlxlxlx Abstain Motion All Ayes x EX- OFFICIO MEMBERS PRESENT James D. Hewicker, Planning Director Robert Gabriele, Assistant City Attorney STAFF MEMBERS PRESENT Rich Edmonston, Traffic Engineer Bill Ward, Senior Planner Joanne Baade, Recording Secretary Minutes of July 5, 1984 Motion was made for approval of the minutes of - the' - Plan- - Minutes/ ning Commission meeting of July 5, 1984 as written, which 7 -5 -84 MOTION CARRIED. Minutes.of July 19, 1984 Consideration of the minutes.of the Planning Commission Minutes/ meeting of July 19, 1984 was deferred to the Planning 7 -19 -84 Commission meeting of August 23, 1984. * t r Requests for Continuances Staff recommended that Agenda Item No. 1 (Variance No. Requests 1113) and Agenda Item No. 4 (Use Permit No. 3107) be, for Con - continued to the Planning Commission meeting of August 23, tinuances 1984. Motion was made to continue Variance No. 1113 and Use Permit No. 3107 to the Planning Commission meeting of August 23, 1984, which MOTION CARRIED. • � I' I I I�� x t REGULAR PLANNING COMMISSION MEETING COMMISSIONERS Date: August 9, 1984 T Time: 7:30 p.m. s x Place: City Council Chambers c m m m City of Newport Beach MINUTES ROLL CALL III Jill INDEX Present Ix lxlxlxlxl x x • Motion Ayes lxlxlxlx Abstain Motion All Ayes x EX- OFFICIO MEMBERS PRESENT James D. Hewicker, Planning Director Robert Gabriele, Assistant City Attorney STAFF MEMBERS PRESENT Rich Edmonston, Traffic Engineer Bill Ward, Senior Planner Joanne Baade, Recording Secretary Minutes of July 5, 1984 Motion was made for approval of the minutes of - the' - Plan- - Minutes/ ning Commission meeting of July 5, 1984 as written, which 7 -5 -84 MOTION CARRIED. Minutes.of July 19, 1984 Consideration of the minutes.of the Planning Commission Minutes/ meeting of July 19, 1984 was deferred to the Planning 7 -19 -84 Commission meeting of August 23, 1984. * t r Requests for Continuances Staff recommended that Agenda Item No. 1 (Variance No. Requests 1113) and Agenda Item No. 4 (Use Permit No. 3107) be, for Con - continued to the Planning Commission meeting of August 23, tinuances 1984. Motion was made to continue Variance No. 1113 and Use Permit No. 3107 to the Planning Commission meeting of August 23, 1984, which MOTION CARRIED. • � I' I I I�� x t COMMISSIONERS August 9, 1984 MINUTES m n x � � c m � O � ! m q -1, m City of Newport Beach ROLL CALL INDEX Variance No. 1113 (Continued Public Hearing) - Item #1 Request to permit renovations and additions to an existing Variance nonconforming single - family dwelling on a lot in the R -1 No. 1113 District which exceeds the basic height limit in the 24/28 Foot Height Limitation District. The proposal also Continuec includes a modification to the Zoning Code so as to per- to 8/23/E mit existing and proposed additions to encroach 1 foot and 2 feet into the required 4 -foot side yard adjacent to Dahlia Avenue, and one foot into the required 4 -foot interior side yard. The existing building that encroaches into the required 10 -foot rear yard will be.removed in conjunction with the proposed development. • Motion All ayes Ix LOCATION: Parcel A of Parcel Map 5092 -424 (Resub- division No. 110) located at 2601 Way Lane, on the southeasterly co4ner of Way Lane and Dahlia Avenue, in China Cove. Zone; R -1 APPLICANT: Philip J. Gold, Corona del Mar OWNER: same as applicant Planning Commission continued this agenda item to its meeting of August 23, 1984. _ -2- S COMMISSIONERS August 9, 1984 MINUTES T n x f � v � � • m m o 1 City of Newport Beach ROLL CALL INDEX • • Use Permit No. 3103 (Continued Public Hearing) Request to change the operational characteristics of the "Studio Cafe" Restaurant with on -sale alcoholic beverages (formerly the Hungry Tiger) so as to allow live enter- tainment in conjunction with the restaurant operation. The proposal also includes :a change in the hours of operation from a closing time of 12:00 midnight to 2:00 a.m. daily. LOCATION: Parcel No. .1 of Parcel Map 107 -40, (Resubdivision No. 552), located at 3201 East Coast Highway on the south- westerly side of East Coast Highway at the easterly terminus of Bayside Drive, in Corona del Mar. ZONE: C -1 APPLICANT: Studio Cafe, Corona del Mar OWNER: Eugene Boero, Corona del Mar Planning Director Hewicker reported that a staff report has been prepared for the August 13, 1984 City Council meeting, which lists all restaurants-in the City that are located within 200 feet of a residential district. Said listing contains the hours of operation associated with the various restaurants and specifies whether or not the restaurants possess use permits. Mr. Hewicker advised that the Planning Commissioners have been provided with copies of the subject list. The public hearing was opened in connection with this item and Hovik Abramian, Applicant, appeared before the Planning Commission. Mr. Abramian brought notice to the portion of the staff report which discusses the opera- tional characteristics of the Hungry Tiger restaurant. Mr. Abramian stated that the Hungry Tiger was permitted to remain open until 2:00 a.m. and was allowed to provide live entertainment. Mr. Abramian also commented that he operates the Studio Cafe in Balboa and pointed out that live jazz entertainment takes place in the subject res- taurant. He added that no noise complaints have ever been received, even though the restaurant is located 30 feet , -3- Item #2 U.P. #310 Approved condi- tionally COMMISSIONERS August 9, 1984 MINUTES T n x m • 0 m City of Newport Beach ROLL CALL INDEX • • from a hotel.. Mr. Abramian further stated that the Studio Cafe in Corona del Mar has valet parking and a security guard to alleviate any potential problems. Mr. Abramian then discussed the hardship associated with a 12:00 a.m. closing time. In answer to a question by the Planning Commission, Mr. Abramian stated that with the exception. of Condition No. 9 (which relates to.the recommended hours of operation of the establishment), he concurs with the Findings and Conditions set forth in Exhibit "A" of the staff report. Commissioner Turner referred to proposed Condition No. 3 which provides "That an acoustical engineer, retained by the City at the applicant's expense, shall demonstrate to the satisfaction of-the Planning Director that noise emanating from the restaurant, including the live enter- tainment, does not exceed 55 dBa at the property lines." Commissioner Turner questioned whether the applicant would accept an addendum to the subject Condition which would give the Planning Department the right to check the noise level periodically at the applicant's expense. Mr. Abramian responded that he would have no objection . to the addition of such a proviso. Ralph Rolfes, owner of the.apartment complex at the corner of Marguerite Avenue and Bayside Drive, appeared before the Planning Commission. Mr. Rolfes stated that one of his clients has complained to him concerning parking lot noise at the Studio Cafe. Mr'. Rolfes commented that the proposed changes to the operational characteristics of the restaurant would severely impact his apartment build- ing. Specifically, Mr. Rolfes discussed the shortage of parking spaces in the subject area and voiced concern - that his tenants will be unable to find spaces in which to park, inasmuch as his building was constructed at the time when only one parking space was required per apart- ment. Additionally, Mr. Rolfes.spoke in opposition to the Studio Cafe being permitted to remain open past 12:00 a.m. daily, and opined that noise problems will be created by persons leaving the restaurant. -4- COMMISSIONERS August 9, 1984 MINUTES m n � � � c • > > m m ° m City of Newport Beach ROLL CALL INDEX • • Commissioner Person brought notice to the Municipal Parking Lot which is located adjacent to the Studio Cafe and questioned whether Mr. Rolfes feels problems are created by individuals from the residential area storing their vehicles in the lot. Mr. Rolfes responded that he has noticed vehicles being left in the lot. Commissioner Person questioned whether Mr. Rolfes feels the situation could be alleviated if the lot were metered. Mr. Rolfes discussed his belief that the lot should not be metered. Mr. Rolfes stated, however, that if the City were to decide to meter the lot, he would urge that only blue meters be utilized. Planning Director Hewicker questioned whether Mr. Rolfes has experienced any.problems.with the spot light that was previously used to illuminate the parking lot. Mr. Rolfes responded that to the best of his knowledge, no problems were caused by said lighting. Francis Boero, 328 Narcissus Avenue, appeared before the Planning Commission on behalf of his father, Eugene Boero, who is the owner of the Studio Cafe property. Mr. Boero commented that the subject area of Corona del Mar has always had.a lack of parking,.and questioned how any further impact could be created by the operation of the Studio Cafe. Mr. Boero then spoke in support of a properly managed valet operation which could take advantag, of available parking lots in the vicinity. Planning Director Hewicker questioned whether the valet parking attendants control access to and from the Municipal Parking Lot. Mr'. Abramian answered that the Municipal Parking Lot is presently blocked off, and stated that only the Studio Cafe parking lot is being used in connection with the valet operation. Mr. Hewicker clarified that the valet operation should be operated in such a fashion that it is clear that.individuals are per- mitted to park in the Municipal Parking Lot without the assistance of a valet attendant. -5- COMMISSIONERS August 9, 1984 MINUTES m n x 9 � � • > > m m m City of Newport Beach ROLL CALL INDEX Mr. Abramian referred to the comment made by Mr. Rolfes which alleged that one of his tenants registered a com- plaint pertaining to noise. Mr. Abramian stated that it would be difficult to determine whether the individuals creating the noise came from his business or another business establishment. In answer to a question posed by Commissioner Goff, Mr. Abramian advised that although the restaurant's parking lot contains .22 parking spaces, the valets have been park- ing considerably more than 22 vehicles in the lot. He further advised that the Studio Cafe has access to the First Interstate Bank parking lot. In answer to a further inquiry by Commissioner Goff, Mr. Abramian stated that the provision of live entertainment would not necessarily result in more individuals frequenting his restaurant, but rather that the customers who do.visit thel restaurant will likely remain for a longer period of time. Dick Nichols, President of the Corona.del Mar Community Association, appeared before the Planning Commission on behalf of the Association's Board of Directors. Mr. Nichols read a letter, dated August 9, 1984, which explained the Association's concerns relative to parking, the proposed hours of operation, as well as the provision of "drawing card" entertainment. Planning Director Hewicker referred to Mr. Nichols' con- cern relative to the occupancy load of the Studio Cafe, and explained how the Fire Department determines the occupancy load of restaurants. James Dunlap, 419 Marguerite Avenue, Corona del Mar, appeared before the Planning Commission and expressed his concerns relating to parking and the degree of noise that occurs between the hours of 12:00 a.m. and 2:00 a.m. Mr. Dunlap also voiced concern that the proposed enter- tainment and late hours of operation will result in addi- tional individuals frequenting the restaurant. Philip Decarion appeared before the Planning Commission and stated that he is an operating partner of Laredo Bar -B -Q. Mr. Decarion spoke in support of the Studio Cafe, but voiced concern that all restaurants in Corona del Mar have not been treated equally, inasmuch as Laredo -6- CYIAA AA1r.QC1NFRq i August 9, 1984 MINUTES m n x m • > > m � m � m City of Newport Beach ROLL CALL I INDEX • • Bar -B -Q is required to close at 12:30 a.m. and is not permitted to provide live entertainment, except for Saturday afternoon wedding receptions. Commissioner King pointed out that.the restrictions placed on Laredo's Bar -B -Q are due to unique circumstances surrounding the structure, i.e., its proximity to resi- dential units, configuration of the restaurant's structure, and the location of the bar and serving areas. Mr. Decarion disagreed with Commissioner King's comments and stated that part of the problem associated with Laredo's Bar -B -Q pertained to parking. He added that .Laredo'-s Bar -B -Q has 108 spaces, while the Studio Cafe has.only 22 spaces, even though the seating areas of the two restaurants are comparable. Mr. Decarion added that the Studio Cafe is situated in closer proximity to heavily populated residential areas than is Laredo's Bar-B-Q. Henry Bruderlin appeared before the Planning Commission and stated that he is a 40 -year resident of Newport Beach. Mr. Bruderlin spoke in support of the Studio Cafe in Balboa, as well as the new Studio Cafe in Corona del Mar. Mr. Bruderlin urged that the new Studio Cafe be permitted to remain open until 2:00 a.m. Doug Cavanaugh, 114 Garnet Street, Balboa Island, appeared before the Planning Commission and spoke in support of the Studio Cafe in Balboa, commenting that Mr. Abramian has been a good neighbor to the surrounding business and residential communities. Mr. Cavanaugh stated that the Corona del Mar location is well suited for.live enter- tainment in that it faces a totally commercial zone, i.e., the Pacific Coast Highway. Jim Walker, operating partner of Laredo Bar -B -Q appeared before the Planning Commission and discussed the alleged inequity of the Studio Cafe being permitted to remain open until 2:00 a.m., while Laredo Bar -B -Q is required to close at 12:30 a.m. Mr. Walker explained that A.T. Leo's restaurant went out of business due to the fact that they were not allowed to remain open for a longer period, and thereby compete with surrounding establish- ments. -7- COMMISSIONERS August 9, 1984 MINUTES m n � • > > m m ° m City of Newport Beach ROLL CALL I INDEX • • Commissioner Person pointed out that the hours of opera- tion which are imposed on Laredo's Bar -B -Q were determined following a series of public hearings, at which time a number of serious problems were voiced. Paul Rolfes reappeared before the Planning Commission and stated that the fact that problems presently exist in the Corona del Mar business district should not he interpreted as a reason to allow more problems to occur. Al Mayo, part owner of Laredo's Bar -B -Q, appeared before the Planning Commission and stated that the Applicant' is .correct in his contention that a restaurant must remain open to late hours if it is to compete with sur- rounding businesses. There being no others desiring to.appear and lie heard, the public hearing was closed. Commissioner.Goff expressed his belief that 22 parking spaces will not be adequate to serve the subject restaur- ant. Commissioner Goff questioned, therefore, whether the applicant would be amenable to an additional Condition of Approval being imposed to read as follows: "That the applicant shall enter into an off -site parking. agreement with the First Interstate Bank. If such an agreement is not reached within thirty (30) days,, the application shall be referred back to the Planning Commission for recon- sideration." Dennis O'Neil, 3200 Park Center Drive, Costa Mesa, appeare, before the Planning Commission on behalf of the applicant. Mr. O'Neil suggested that the application be approved with an additional Condition to read as follows: "That the applicant shall use his best efforts to obtain an off -site parking agreement with First Interstate Bank. In the event parking, or other factors, continue to cause problems, the Planning Commission may, if desired, re- consider the subject application." In answer to a question posed by Commissioner Eichenhofer as to the number of vehicles that can be parked in the restaurant's lot, Planning Director Hewicker advised that although the lot contains 22 parking spaces, approximately 1/3 to 1/2 more cars can be parked in the lot with the use of valet attendants. COMMISSIONERS August 9, 1984 MINUTES T o � � � c m • > > m m City of Newport Beach ROLL CALL INDEX Motion • • In answer to a question posed by Commissioner Person, Planning Director Hewicker stated that staff has received no complaints relating to the operation of the new Studio Cafe. Motion was made for approval of Use Permit No. 3103, subject to the Findings and Conditions of Approval con- tained in Exhibit "A ", with revisions as follows: 1) That Condition No. 9,.which restricts the hours of operation of the Studio Cafe, be eliminated; 2) That an additional Condition be added to read as follows: "That entertainment be concluded at 12:30 a.m. during the week (Sunday through Thursday); and that entertain- ment be concluded at 1:00 a.m. on weekends (Friday and Saturday). No closing time restrictions apply to the subject establishment." Commissioner Person stated that he will support Commis- sioner King's motion and commented that both the Municipal Parking Lot and Bayside Drive provide buffers between the restaurant and the residential district. Additionally, Commissioner Person commented favorably on the reputation of the Studio Cafe in Balboa, and pointed out that the Planning Commission can re -call the application for re- consideration in the event problems were to arise. Commissioner Goff questioned whether the maker of the motion would consider imposing an additional Condition of Approval to read as follows: "That the applicant shall make a bonafide effort to obtain an off -site parking agreement with any merchant in the area for a minimum of 27 parking spaces. In the event such an agreement cannot be reached within thirty (30) days, the applicant shall pay in -lieu fees to the City for 27 parking spaces." (Commissioner Goff explained his reasoning at arriving at 27 parking spaces, explaining that said figure rep- resents half the difference between the 76 parking spaces that would be required if the restaurant were established in accordance with current standards and the 22 parking spaces that are presently provided.) COMMISSIONERS August 9, 1984 MINUTES m n x � � c • m m m City of Newport Beach ROLL CALL INDEX Substitute Motion Ayes Nayes • Amended Motion All Ayes • LUXLix x Commissioner King stated that he would not accept such an addendum to his motion. Commissioner King pointed out that other restaurants in the City have experienced suc- cess similar to the Studio Cafe during their early operation. He pointed out, however, that their business eventually tapered off so that parking does not create the problems that existed during the restaurants' initial phases of operation. Substitute motion was made for approval of Use Permit No. 3103, subject to the Findings and Conditions contained in Exhibit "A ", with revisions as follows: 1) That Condi- x tion No. 9, which restricts the hours of operation of the Studio Cafe, be eliminated; 2) That an additional Condi- tion be added to read as follows: "That entertainment be concluded at 12:30 a.m. during the week (Sunday through Thursday); and that entertainment be concluded at 1:00 a.m. on weekends (Friday and Saturday). No cl8sing time restrictions apply to the subject establishment" 3) That an additional Condition be added to read: "That the appli- cant shall make a bonafide effort to obtain an off -site parking agreement with any merchant in the area for a I minimum of 27 parking spaces. In the event such an agree- ment cannot be reached within thirty (30) days, the appli- cant shall pay in -lieu fees to the City for 27 parking spaces." The motion was voted on and FAILED. Commissioner Turner questioned whether Commissioner King would amend his original motion to include an additional requirement to read: "The applicant shall immediately com- ply with any new ordinance or legislation which may restrict the hours of operation." Chairperson Winburn questioned whether Commissioner King would amend his motion to provide that the hours of operation of the restaurant shall he from 11:00 a.m. to 2:00 a.m. Commissioner King accepted both amendments to his motion, Commissioner King's amended motion was then voted on and CARRIED. Use Permit No. 3103 was thereby approved,'sub- ject to the following Findings and Conditions; Findings: 1. The proposed restaurant is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. -10- CONO NSSIONERS August 9, 1984 MINUTES m n x v m • m m 0 m City of Newport Beach ROLLCALLI 11 1 111 INDEX • E 2. The project will not have any significant environ- mental impact. 3. That the proposed change in the operational character- istics of the existing restaurant so as to include live entertainment, will not increase the parking demand of the restaurant. 4. That the establishment of live entertainment will be compatible with the existing restaurant facility. 5. That the Police Department does not anticipate any problems with the live entertainment. 6. The approval of Use Permit No. 3103 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 neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed restaurant operation shall be con- sistent with the approved plot plan and floor plan. 2. That the live entertainment shall be permitted only within the building and all windows and doors within the restaurant shall be closed during performances. 3. That an acoustical engineer, retained by the City at the applicant's expense, shall demonstrate to the satisfaction of the Planning Director that noise emanating from the restaurant, including the live entertainment, does not exceed 55 dBa at the property lines. 4. That any exterior illumination shall be confined to the site and shall be maintained in such a manner as to prevent light and /or glare spillage on adjoining street and nearby properties. 5. That dancing shall not be permitted in the restaurant unless an amendment to this use permit is approved. -11- COMMISSIONERS August 9, 1984 MINUTES m v � • 3 m m 01 City of Newport Beach ROLL CALL 111 I'll INDEX • is 6. That all restaurant employees shall be required to park in the adjoining Municipal Parking Lots. 7. That no temporary "sandwich" signs shall be permitted to advertise the approved live entertainment. 8. That all trash areas shall be shielded or screened from public streets and adjoining properties. 9. That the Planning Commission may add and /or modify Conditions of Approval to the use permit, or recom- mend 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. I 10. That this use permit shall expire if not exercised within 24 months from the date of approval as speci- fied in Section 20.80.090 A of the Newport Beach Municipal Code. 11. That entertainment be concluded at 12:30 a.m. during the week (Sunday through Thursday); and that enter- tainment be concluded at 1:00 a.m. on weekends (Friday and Saturday). 12. That the hours of operation of the restaurant shall be from 11:00 a.m. to 2:00 a.m. The applicant shall immediately comply with any new ordinance or legislation which may restrict the hours of operation. � x -12- COMMISSIONERS August 9, 1954 MINUTES m n x � � c m • n ° m City of Newport Beach ROLL CALL INDEX • • Use Permit No: 2099 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the establishment of a take-out ice cream shop (Haagen Dazs) on .property located in the C -1 District. The proposed amendment is to change the hours of opera- tion from 10:00 a.m. to 10:00 p.m. daily to the following hours: 11:00 a.m, to 11:00 p.m. Sunday through Thursday, during the summer; 11:00 a.m. to 10:00 p.m. Sunday through Thursday.during the remainder of the year; and 11:00 a.m. to 11:30 p.m. Friday and Saturday, all year. LOCATION: Lot 15, Block A, Section 4, Balboa Island, located at 332 -A Marine Avenue, on the easterly side of Marine Avenue, between Balboa Avenue and the Balboa Island Bridge, on Balboa Island. ZONE: C -1 APPLICANTS: Stephen and Lynn G. Curtis, Balboa Island OWNERS: Same as applicants Planning Director Hewicker advised that the Planning Commission has been provided with copies of correspondence pertinent to this agenda item that staff has received subsequent to the printing of the staff report. The public hearing was opened in connection with this item and Stephen and Lynn Curtis, applicants, appeared before the Planning Commission. Mr. Curtis advised that the "No Parking" signs in the alley have been changed to "No .Stopping" signs, and that four "No Stopping" signs have been posted on the Haagen Dazs building. Mr. Curtis stated that they have been in business for 14 months.and feel they contributed positively to the business and resi- dential communities on Balboa Island. Mr. Curtis added that a new Haagen Dazs has opened in Newport Beach on Pacific Coast Highway, and hence opined that most of their business is generated from Balboa Island and Balboa. Mr. Curtis stated that he has read the Findings and Condi- tions of Approval recommended in the staff report. -13- Item #3 U.P. #201. (Amended; Denied COMMISSIONERS August 9, 1984 MINUTES m n � � � c m v > m m City of Newport Beach ROLL CALF INDEX • U Kathleen Holman, 1401 North Bayfront, appeared before the Planning Commission and stated that she resides within 10 feet of the subject business. Ms. Holman spoke in opposition to Haagen Dazs being permitted to extend its hours of operation, due to problems with noise and trash that she attributes to the subject business. Ms. Holman expressed her belief that Haagen Dazs' hours of operation should be shortened to require the store to close at 9:00 p.m. Betty Fielding, 309 Grand Canal, appeared before the Planning Commission and stated that she is negatively impacted by the Haagen Dazs operation. Ms. Fielding discussed the lack of parking that exists in the subject area and commented that the business operation has repeatedly violated the closing hour imposed 1jy the City. Ms. Fielding stated that her garage is often blocked by Haagen Dazs customers, and opined that the subject business is impacting the peace, safety, and welfare of neighboring residents. Lynn Curtis, applicant, reappeared before the Planning Commission and stated that on one Saturday evening, her previous manager did keep the store open past.the speci- fied hours of operation. Mrs. Curtis stated that the mana- ger of the store remained open until 11:00 p.m. that evening because she felt she was helping the owners. Mrs. Curtis advised that she instructed the manager to be sure and close the store at 10:00 p.m. in the future. Planning Director Hewicker stated that this is the second time the owners of Haagen Dazs have requested permission to extend their hours of operation. He added that the Planning Commission denied the applicants' original request on September 22, 1983. Mr. Hewicker stated that, prior to the September 22, 1983 public hearing, staff had received calls that Haagen Dazs was operating beyond the prescribed hours of operation. Chairperson Winburn referred to Page b of the staff report and requested elaboration on the statement that, "The Police Department has reviewed the subject application and has indicated that they do not anticipate any police problems resulting from the extended hours of operation." -14- COMMISSIONERS August 9, 1984 MINUTES m n x S 1 v � • m m ° m City of Newport Beach ROLL CALL i INDEX • • Senior Planner Ward stated that, in the review process of this particular application, the Police Department did inform the Traffic Engineer's Office that it was not aware of any parking problems existing in the alley. He also noted that a Police representative had encouraged residents to call the Police Department if they observed any problems. Traffic Engineer Edmonston stated that at the time the Planning Commission last considered the applicants' request for extended hours of operation, the issue con- cerning alley parking was raised and subsequently referred to the Traffic Affairs Committee. Mr. Edmonston went on to explain that the Traffic Affairs Committee recom- mended that the owners place "No Stopping" signs on the exterior of the building. Mr. Edmonton added that the owners complied with that recommendation, and placed "No Stopping" signs on the interior of the store as well. Mr. Edmonston stated that his office has received no complaints relative to parking in the alley, and added that the Police Department could not recall any problems. Mr. Edmonston further relayed the Police Department's comment that the parking situation was an improvement over last year. Mrs. Arthur Kramer, 1403 N.'Bayfront, appeared before the Planning Commission and stated that she does not call the Police Department when a parking violation occurs inasmuch as the car will likely be gone by the time the Police arrive. Mrs. Kramer stated that Haagen Dazs customers block her garage and opined that the business operation is detrimental-to the health, safety, peace, comfort, and general welfare of persons residing in the neighbor- hood. Additionally, Mrs. Kramer commented that Haagen Dazs has been remaining open past the 10:00 p.m. pre- scribed closing time. Commissioner Goff urged that regardless of the outcome of this public hearing, that.residents report any operating infractions to the City. R. D. Spearman, Balboa Island resident, appeared before the Planning Commission and stated his belief that the closing time.should be changed from 10 -00 a.m. to 9:00 p.m. Mr. Spearman then brought notice to the fact that Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, _15- COMMISSIONERS August 9, 1984 MINUTES 3. m n x � � c m T: o • City of Newport Beach ROLL CALL INDEX • • maintenance or operation of the use or building applied for will not be detrimental to the health, safety, peace, morals, comfort, and general wefare of persons residing in the neighborhood. Mary Humencrause, 1411 N. Bayfront, appeared before the Planning Commission and stated that she lives in close proximity to the Haagen Dazs operation. Ms. Humencrause commented that the business has been a disruption and a public nuisance and urged that the Planning Commission give thought to reducing the prescribed hours of operation: Joan Digorious, 1405 N. Bayfront, appeared before the Planning Commission and stated that she operates a busi- ness directly across from Haagen Dazs. Ms. Digorious stated that the noise associated with the subject opera- tion is severe on Friday, Saturday and Sunday nights. Ms. Digorious stated that the Police Department has been monitoring the situation at approximately 2:00 p.m. in the afternoon, while the noise problems do not commence until approximately 9:00 p.m. Ann Vangenveren, 1401 N. Bayfront, appeared before the Planning Commission and commented on the noise associated with the Haagen Dazs establishment. Ms. Vangenveren stated that her tenants' sleep has been disrupted on numerous occasions. Additionally, Ms. Vangenveren advised that customers of Haagen Dazs have placed trash on her property. Ms. Vangenveren urged denial of Use Permit No. 2099 (Amended).- Lynn Newton, 1407 N. Bayfront, appeared before the Plan- ning Commission, and advised that she lives 10 feet from Haagen Dazs. Ms. Newton referred to the petition that was presented by the owners.of Haagen Dazs. Ms. Newton stated that, of the 265 persons who signed the petition, 100 of those were Balboa Island residents. Of those 100 people, Ms. Newton stated that 5 residents lived within 300 .feet of the store. Ms. Newton stated that one of those residents was the owner of the business, and that the other four were renters who have already moved away. Ms. Newton stated her belief that the residents are being punished because they are not chronic complainers. Ms. Newton urged that the Planning Commissi reduce Haagen Dazs' hours of operation to 9:00 p.m. -16- COMMISSIONERS August 9, 1984 MINUTES m n 7c m ° , City of Newport Beach ROLL CALL _ INDEX Motion E R. D. Spearman reappeared before the Planning Commission and stated that, at the Traffic Affairs Committee, it was mentioned that no policeman is designated for parking control after 4:00 p.m. in the afternoon. Traffic Engineer Edmonston stated that one policeman is designated for parking control after 4:00 p.m., but added that he is responsible for the entire city. Stephen Curtis, applicant, reappeared before the Planning Commission and stated that Haagen Dazs locks its doors at 10:00 p.m., although a few customers may remain in the store for 10 or 15 minutes after closing. Mr. Curtis stated that he is willing to submit evidence to substan- tiate his claim that the business is closed at 10:00 p.m. With respect to parking, Mr. Curtis commented that police on foot patrol can respond to any problems within a short period of time. In connection with comments made con- cerning noise, Mr. Curtis stated that there are other businesses on Marine Avenue and questioned whether the residents can be sure that the noise was generated by individuals frequenting Haagen Daze. Mr. Curtis also commented that they have made a conscious effort to keep the surrounding area immaculate. Lynn Curtis, applicant, stated that she also drives in the subject alley and commented that she has not experi- enced any problems. Betty Bett appeared before the Planning Commission and disputed Mr. Curtis' claim that the doors of the store are locked at 10:00 p.m. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Goff commented that he feels the applicants have made an effort to police their business, but have been unable to maintain the control that the imposed Conditions require. Motion was made for denial of Use Permit No. 2099 (Amended), subject to the Findings con- tained in Exhibit "B ". Commissioner King stated that he knows that the doors to the store are closed at 10:00 p.m. inasmuch as he has been refused admittance after 10:00 p.m. Additionally, -17- August 9, 1984 MINUTES m n x V � m ° m City of Newport Beach ROLL CALL I I I I I I I I INDEX Motion A es Nayes ix All Ayes E x Commissioner King expressed his belief that the appli- cants have complied with, or exceeded, all requirements placed on them. Commissioner King stated that he has concern for residents, but also has concern for busi- ness establishments. Substitute motion was made for approval of Use Permit No. 2099 (Amended), subject to the Findings and Conditions set forth in Exhibit "A ". Commissioner Kurlander stated that he will not support the substitute motion inasmuch as he feels the closing hour should be earlier due to its close proximity to the residential area. Commissioner Turner commented on the close proximity of the subject business to the residential area, and opined that the closing hour of the establishment should remain at 10:00 p.m. Commissioner King's substitute motion was then voted on and FAILED. Commissioner Goff's main motion was then voted on and CARRIED. Use Permit No. 2099 (Amended) was thereby denied, subject to the following Findings: 1. That the extended closing time for the subject ice cream shop is not compatible with the adjoining residential uses to the north and to the east of the subject property. 2. That the current closing time of 10:00 p.m. repre- sents a reasonable use of the-property without adversely affecting the adjoining residential uses. 3. That the extended closing time will be detrimental to the health, safety, peace, comfort,.and general welfare of persons residing or working in the neigh- borhood of such proposed use and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. x IBM COMMISSIONERS August 9, 1984 MINUTES T n � � � c m • = m ° m ° m City of Newport Beach ROLL CALL I I I INDEX E Motion All Ayes • Use Permit No. 3107 (Public Hearing) Request to increase the allowable occupancy of the existing Baxter's Restaurant facility with on -sale alco- holic beverages and dancing, and to establish a new parking requirement based upon "net public area ". The proposal also includes the approval of a comprehensive parking plan with additional parking spaces, involving the adjoining parking areas for the "Reuben E. Lee" and "Reuben's" Restaurants and the adjoining marina operation. A modification to the Zoning Code is also requested so as to allow -a portion of the restriped and expanded parking area to include compact parking spaces. LOCATION: Lot B of Parcel Map No. 16 -10 (Resub- division No. 249) (i.e., restaurant site), located at 333 Bayside Drive, on the southwesterly corner of Bayside Drive and East Coast Highway, across from the De Anza Mobile Home Park'. ZONE: C -1 -H APPLICANT: Far West. Services, Inc., Irvine OWNER: The Irvine Company, Newport Beach Planning Commission - continued this agenda item to the Planning Commission meeting of August 23, 1984. * x Planning Commission recessed at 9:30 p.m. and reconvened at 9.50 p.m. -19- Item #4 U.P. #3101 Continued to 8/23/8 August 9, 1984 MINUTES L E Planning Director Hewicker advised that the use that is being requested is a permitted use under the zoning as well as the City's Land Use Plan. He added, however, that the Land Use Plan also requires that such a use shall only- be permitted on waterfront lots when said uses are in conjunction with an incentive use occupying at least 40% of the site. Mr. Hewicker explained that incentive uses include,boat yard facilities, dry boat storage, boat charters and sales, etc. Mr. Hewicker went on to explain that in this particular case, staff feels that the proposed use would be a good use for the piece of property. In the absence of an accompanying incentive use, however, Mr. Hewicker ex- plained that the City is faced with a situation of either keeping the property vacant until an incentive use is- obtained, or to treat the proposal as.a temporary use. Mr. Hewicker commented that the subject application will require a coastal permit and pointed out that in order to approve the subject use, the Coastal Commission will be required to make a determination as to whether or not the application complies with the City's Land Use Plan. Mr. Hewicker advised that he has viewed the property and has become aware that discrepancies exist between the structure and the floor plans. He stated that the floor plans do not show any second floor areas, when there are, in actuality, two second floor areas within the building -- -20- m n x � � c m v � m m ° City of Newport Beach ROLL CALL INDEX Use Permit No. 3108 (Public Hearing) Item #5 Request to permit the establishment of a retail art U.P. #31( gallery /studio on property located in the M -1 District. Continuec to 9 -6 -8� LOCATION: Lots 6 and 7, Block 328, Lancaster's Addition, located at 2912 Lafayette Avenue, on the easterly side of Lafayette Avenue, between 29th Street and 30th Street, in Cannery Village. ZONE: M -1 APPLICANT: Paul Blain Henrie, Newport Beach OWNER: Loma Linda University, Loma Linda i L E Planning Director Hewicker advised that the use that is being requested is a permitted use under the zoning as well as the City's Land Use Plan. He added, however, that the Land Use Plan also requires that such a use shall only- be permitted on waterfront lots when said uses are in conjunction with an incentive use occupying at least 40% of the site. Mr. Hewicker explained that incentive uses include,boat yard facilities, dry boat storage, boat charters and sales, etc. Mr. Hewicker went on to explain that in this particular case, staff feels that the proposed use would be a good use for the piece of property. In the absence of an accompanying incentive use, however, Mr. Hewicker ex- plained that the City is faced with a situation of either keeping the property vacant until an incentive use is- obtained, or to treat the proposal as.a temporary use. Mr. Hewicker commented that the subject application will require a coastal permit and pointed out that in order to approve the subject use, the Coastal Commission will be required to make a determination as to whether or not the application complies with the City's Land Use Plan. Mr. Hewicker advised that he has viewed the property and has become aware that discrepancies exist between the structure and the floor plans. He stated that the floor plans do not show any second floor areas, when there are, in actuality, two second floor areas within the building -- -20- COMMISSIONERS August 9, 1984 MINUTES m n x 9 • m m ° m City of Newport Beach ROLL CALL INDEX • • one in the front and one in the back. He explained that the second floor frontal area is being used as a studio and the area in the back is planned to be used for storage and an office for use by the artist and gallery manager. Mr. Hewicker added, however, that the second floor rear area has been divided into four or five separate rooms, which the applicant contends will be utilized to segregate different types of artwork. During the course of discussion, staff estimated that there are approximately 3800 sq. ft. in the building. At a parking ratio of .1 space for each 250 sq. ft., staff advised that 16 parking spaces would normally be required. With respect to the keeping of geese on the property, staff advised that it is aware of no regulations that conflict with the keeping of geese. Mr. Hewicker advised that for the last several days a charter boat was tied up two'.lots adjacent -.to the subject art gallery. Mr. Hewicker added that staff has learned that those two lots, which are also owned by Loma Linda University, would not be leased to the charter boat operators and that the boat would be moved. In answer to a question posed by Commissioner Person, Mr; Hewicker explained that, to his knowledge, no permits have been issued for the alterations that took place on the property. The public hearing was opened in connection with this item and Russ Fluter, 510 30th Street, appeared before the Planning Commission on behalf of the applicant. Mr. Fluter stated that Mr. Henrie applied for the dock per- mit earlier this day. Additionally, Mr. Fluter explained that Mr., Henrie has been in contact with the Chief Building Inspector concerning the partitions and electri- cal situation. Mr. Fluter stated that it is Mr. Henrie's intention to conform with City regulations. Mr. Fluter mentioned that the subject site is designated for Recreational and Marine Commercial uses in the City's adopted Land Use Plan.- Mr. Fluter further stated: that the intent of this designation is to maintain the marine theme and character of sites on or near the bay. Mr. Fluter contended that the intent of the Recreational and Marine -21- COMMISSIONERS August 9, 1984 MINUTES m n x � � c m m City of Newport Beach ROLL CALL INDEX 0 Motion All Ayes r 1 V Commercial designation will be accomplished by the sub - jebt,application. Additionally, Mr. Fluter stated that the charter boat will remain at the site on a short -term basis; and commented on the possibility of the two uses being combined to meet the requirement of the Land Use Plan. Commissioner Person pointed out that the Applicant did construction without permits, and also submitted a.set of plans to the Commission that did not contain two second floors. Commissioner Person brought notice to the fact that all charter operations in the City are required to meet harbor permit regulations. He added that those regulations include the requirements that adequate facilities be provided for parking and restrooms. I Mr. Fluter stated that the charter boat owners are aware that they must comply with all regulations of the City, and added that they are presently attempting to meet said requirements. Paul Blaine Henrie, Applicant, appeared before the Plan- ning Commission and stated that the subject infractions - were not done purposely. He stated that he will do all within his power to rectify the situation. Motion was made to continue the public hearing on Use Permit No. 3108 to the Planning Commission meeting of September 6, 1984, so as to allow additional time in which to resolve the issues surrounding this application, which MOTION CARRIED. * r r -22- COMMISSIONERS August 9, 1984 MINUTES m n x m m ° % City of Newport Beach N au c m m a ROLL CALL lirl I INDEX E A. Resubdivision No. 783 (Public Hearing) Request to resubdivide five existing lots and eliminate interior property lines so as to create one building site for the purpose of establishing a combination take -out restaurant and delicatessen on the property. AND B. Use Permit No. 3109 (Public Hearing) Request to permit the establishment of a combination take -out restaurant and delicatessen with on -sale beer and wine on property located in the C -1 District. The proposal also includes a request to waive a portion of the required off - street parking spaces and to allow an outdoor canopy eating area. A modification to the Zoning Code is also requested so as to allow a portion of the required off - street parking spaces to encroach 5 feet into the required 10 foot rear yard setback adjacent to the alley. LOCATION: Lots 27 -31, Block 431 Lancaster's Addition, located at 416 32nd Street, on the southwesterly side of 32nd Street, between Newport Boulevard and Villa Way, in Cannery Village. ZONE: C -1 APPLICANT: . Tastevin Inc., Newport Beach OWNER: William J. Paden, Glendale Planning Director Hewicker advised that the Planning Commission has been provided with data relating to the provision of trash compactors in restaurants. The public hearing was opened in connection with this agenda item and Tony Hermann, 606 -1/2 Orchid Avenue, Corona del Mar, appeared before the Planning Commission and expressed his concurrence with the findings contained in the staff report. -24- Item #6 Resub- division #783 AND U.P. #31C Both Approved Condi- tionally • E COMMISSIONERS1 August 9, 1984 m n � � � c m V � y m m City of Newport Beach In answer to a question posed by Chairperson Winburn, Mr. Hermann explained that although he would not be disagreeable to placing a commercial trash compactor in his establishment, he would prefer to provide for a six - day - per -week refuse service. Mr. Hermann stated that the trash would be contained in an enclosed area. Commissioner Person brought notice to the fact that the Planning Commission is being asked to waive a portion of the required off - street parking spaces. In this regard, Commissioner Person questioned whether the applicant fully understands Condition No. 17, which provides that the Planning Commission can re -call Use Permit No. 3109 in the event problems with the operation should arise. Mr. Hermann responded that he is aware of the subject condition, and projected that most of the restaurant's customers will come from the immediate area. I MINUTES Planning Director Hewicker pointed out that a 10:00 p.m. closing time is proposed for the restaurant in question. He added that Mr. Hermann is also the owner of the Bouzy Rouge, cafe, which is located in close proximity to the subject property and which is open to a later hour. Mr. Hewicker stated that the employees of the Bouzy Rouge frequently park in the parking lot of the subject property, and commented that at times the noise associated with Bouzy Rouge employees retrieving their cars disturbs the occupants of the adjacent residential area. There- fore, Mr. Hewicker suggested that the Planning Commission may wish.to require that the parking lot of the subject property be secured at 10:00 p.m.. to coincide with the closing of the .restaurant. Mr. Hermann stated that although the subject establishment would close at 10:00 p.m., a period of time would be required for clean -up purposes. Therefore, Mr. Hermann felt that the lot should not be secured at 10:00 p.m. Tom Shepardson, 421 - 31st Street, Newport Beach, appeared before the Planning Commission and stated that he owns a commercial /residential building directly behind the proposed take -out restaurant property. Mr. Shepardson spoke in support of Mr. Hermann's integrity, but voiced concern with potential noise problems inasmuch as his bedroom windows are 14 feet away.from the proposed restaurant. In addition,. Mr. Shepardson discussed his -25- INDEX COMMISSIONERSI August 9, 1984 m � � c City of Newport Beach MINUTES ROLL CALL I III III I I INDEX • fu concern with possible problems relating to parking, lighting conditions, as well as the aesthetics associated with the screening of the trash bins. Charles Russell, 41 E1 Paseo, Newport Beach, appeared before the Planning Commission and stated that he is the owner of a barbershop.on 32nd Street. Mr. Russell noted that a waiver of a portion of the required off - street parking spaces is being requested., and discussed the shortage of parking that already exists in the area. Mr. Russell'stated. that the area merchants have submitted a letter to the Traffic Engineer in an attempt to resolve the area parking problems. Traffic Engineer Edmonstdn responded that his office is in receipt of the subject letter and advised that the issue is scheduled to be heard by the Traffic Affairs Committee on August 14, 1984. Lori MacDonald, 417 - 31st Street, Newport Beach, appeared before the.Planning Commission and stated that she is the owner of a residential /commercial building in the area. Ms. MacDonald then discussed her 'concerns relating to trash and parking. Commissioner Person discussed the parking deficiency associated with the subject application, as well as the parking deficiency in the Cannery Village area in toto. Commissioner Person questioned whether the applicant would, in the spirit of cooperation, be willing to pur- chase from the City one in -lieu parking space.. Commis- sioner Person stated that the cost of one in -lieu parking space is presently $150 per year, but is subject to change -- either on an annual basis, or as a one -time fee of approximately $5,000 to $10,000. Mr. Hermann responded that although he would prefer not to pay for the in -lieu parking space, he does not want to jeopardize the project. Mr. Hermann expressed his belief that most people will come from the immediate area, and pointed out that staff felt that he had met the necessary requirements. Mr. Hermann stated, however, that he is willing to cooperate with the City and suggested that perhaps he could pay a portion of the cost of a Peninsula shuttle bus. -26- COMMISSIONERS Motion All Ayes J • August 9, 1984 z Beach There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Resubdivision No. 783, subject to the Findings and Conditions contained in Exhibit "A ", which MOTION CARRIED. Resubdivision No. 783 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 subdivision. Conditions: 1. That a.parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a 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. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. _27- MINUTES INDEX m n � � � m c y O � o � Motion All Ayes J • August 9, 1984 z Beach There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Resubdivision No. 783, subject to the Findings and Conditions contained in Exhibit "A ", which MOTION CARRIED. Resubdivision No. 783 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 subdivision. Conditions: 1. That a.parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a 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. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. _27- MINUTES INDEX COMMISSIONERS August 9, 1984 MINUTES m n � � S � m - v � m m City of Newport Beach ROLL CALL I I I I j 17 INDEX Motion • Amended ,lotion \mended lotion 111 Ayes 0 5. That the existing drive apron on 32nd Street be removed and the proposed new drive apron be con- structed per City Std. 166 -L under a Public Works Department encroachment permit, with the location to be approved by the City Traffic Engineer; the parking meters along 32nd Street are to be relocated or removed as required by the Traffic Engineer at the developer's expense. 6. That the applicant improve the alley adjacent to the development with concrete pavement to City Standards. Motion was made for approval of Use Permit No. 3109, subject to the Findings and Conditions contained in Exhibit "A ", with revisions as follows: 1) That an additional condition be added to read, "That the appli- cant shall install either a commercial trash compactor or provide for a six - day - per -week refuse service;" 2) That an additional condition be added to.read, "That the applicant shall purchase from the City one in -lieu parking space per year, which fee is subject to increase;" 3) That an additional condition be added to read, "That the park- ing lot shall be secured within one hour of closing." Commissioners Turner and King discussed problems which may arise in connection with cars being locked inside the parking lot after the lot is secured. Consequently, Commissioner Person withdrew the portion of his motion which required.that the parking lot be secured within one hour of closing. Commissioner Kurlander questioned whether the maker of the motion would consider revising his motion to require that trash pick -up shall not take place prior to 8:00 a.m. Commissioner Person accepted this amendment to his motion. Commissioner Person's amended motion was then voted on and CARRIED. Use Permit No. 3109 was thereby approved; subject to the following findings and conditions: COMMISSIONERS August 9, 1984 MINUTES m n x � � c m m m ° m City of Newport Beach ROLL CALL r INDEX • • Findings: 1. That the proposed development is consistent with the General Plan and the adopted Local,Coastal Program, Land Use.Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking, utili- ties, walls, and landscaping on interior property lines will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure.has been in existence for many years. 4. That there is adequate on -site parking for the res- taurant patrons and employees. 5. The Police Department has indicated that they do not contemplate any problems. 6. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detri- mental 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 neigh- borhood or the general welfare of the City, and further that the proposed modification to allow two of the proposed off - street parking spaces to encroach 5 feet into the required 10 foot rear yard setback is consistent with the legislative intent of Title 20 of the Municipal Code. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and eleva- tions. -29- COMMISSIONERSI August 9, 1984 MINUTES of Newport Beach ROLL CALL I I ! ! I I _I I INDEX • n U 2. That the development standards related to a portion of the required off - street parking spaces, utilities, walls, and landscaping on interior property lines are waived. 3. That the hours of operation shall be limited from 7:00 a.m. to 10:00 p.m. daily. 4. That the serving of beer and wine shall be incidental to the primary function of providing food service. 5. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 6. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Department. 7. That all conditions of approval for Resubdivision No. 783 shall be fulfilled. S. That all mechanical equipment and trash areas shall be screened from the public street and adjoining properties. 9. That a washout area for the restaurant trash con- tainers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains. I10. That all restaurant employees shall park their vehicles on site. lil. Handicapped parking shall be provided as required by Code. 12. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall be subject to review by the Parks, Beaches and Recreation Department, and the approval of the Planning Department. -30- m n � � � c J N S m ~ of Newport Beach ROLL CALL I I ! ! I I _I I INDEX • n U 2. That the development standards related to a portion of the required off - street parking spaces, utilities, walls, and landscaping on interior property lines are waived. 3. That the hours of operation shall be limited from 7:00 a.m. to 10:00 p.m. daily. 4. That the serving of beer and wine shall be incidental to the primary function of providing food service. 5. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 6. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Department. 7. That all conditions of approval for Resubdivision No. 783 shall be fulfilled. S. That all mechanical equipment and trash areas shall be screened from the public street and adjoining properties. 9. That a washout area for the restaurant trash con- tainers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains. I10. That all restaurant employees shall park their vehicles on site. lil. Handicapped parking shall be provided as required by Code. 12. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall be subject to review by the Parks, Beaches and Recreation Department, and the approval of the Planning Department. -30- m n x m m O J • n U August 9, 1984 of Newport Beach 13. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. MINUTES 14. That project shall be so designed to eliminate light and glare spillage on adjacent uses. All parking lot lighting shall be subject to the approval of the Planning Department. 15. That no residential uses shall be permitted on -site in conjunction with the approval of this application. 16. That the Planning Commission may add /or' modify condi- tions of approval to this use permit, or recommend to the City Council the revocation of this use per- mit, upon a determination that the operation which is the subject of,this use permit causes inj4ry, 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 speci- fied in Section 20.80.090A of the Newport Beach Municipal Code. 18. That the applicant shall install either a commercial trash compactor or provide for a six- day - per -week refuse service. Trash pick -up shall not take place prior to 8:00 a.m. 19. That the applicant shall purchase from the City one in -lieu parking space per year, which fee is subject to increase. -31- INDEX COMMISSIONERS August 9, 1984 MINUTES m n x � � c m v � m m City of Newport Beach ROLL CAT1777T7f I INDEX 0 u Use Permit No. 3110 (Public Hearing) Request to change the operational characteristics of an existing take -out restaurant (Zino's) so as to allow on- sale beer and wine in conjunction with the restaurant use. A modification to the Zoning Code is also requested so as to allow a portion of the restriped parking area to include tandem parking spaces that are narrower than Code requirements, and other parking spaces that encroach 10 feet into the required 10 foot rear yard setback adja- cent to an alley. LOCATION: Lot 2, Block 431, Lancaster's Addition, located at 3112 Newport Boulevard, on the easterly side of Newport Boulevard, between 31st Street and 32nd Street, in Cannery Village.. ZONE: C -1 APPLICANT: William M. Tosheff, Laguna Hills OWNER: Lucretia Cleveland, Fremont The public hearing was opened in connection with this item and William F. Tosheff, Applicant, appeared before the Planning Commission. Mr. Tosheff referred to pro- posed Condition of Approval No. 2 -C which provides that, "The narrow space in front of the proposed delivery truck space.shall be located a mimimum of 5 feet closer to the rear property line so as to permit the construction of a trash enclosure near the building; and the delivery truck space shall be deleted from the striping plan." Mr. Tosheff commented that the subject lot is only 25' in width and discussed parking and maneuvering problems that he feels would be created by the imposition of the subject condition. Mr. Tosheff also indicated his concern that unauthorized persons may also utilize the trash enclosure. Mr. Tosheff referred to proposed Condition of Approval No. 7 which states, "That the hours of operation shall be limited from 10:00 a.m. to 1 :00 a.m. daily." Mr. Tosheff urged that the hours of operation be extended to 2:00 a.m. to coincide with the 2:00 a.m. curfew restric- tion applicable to the serving of beer and wine. -32- Item #7 U.P. #311. Approved Condi- tionally COMMISSIONERSI August 9, 1984 of NeWDort Beach MINUTES ROLL CALL' p 1 1 j 1 j 1 INDEX • Motion All Ayes Mr. Tosheff then brought attention to proposed Condition of Approval No. 10 which provides, "That all trash receptacles shall be screened from the alley and adjoining properties." Mr.. Tosheff questioned the need for the subject condition inasmuch as the trash receptables would not be visible to any persons. During the course of discussion on this agenda item, the Planning Commission noted that the City's standard condi- tion which gives the City the right to recall the appli- cation in the event problems were to arise, had been inadvertently left out of the staff report. Planning Commission advised Mr. Tosheff of the verbiage of the subject condition, and Mr. Tosheff indicated no objection to the imposition of this condition. In answer to a question by the Planning Commission, Plan- ning Director Hewicker advised that the stated hours of operation of the restaurant are 10:30 a.m. to 12:00 mid- night, Monday through Thursday, and 10:30 a.m. to 1:00 a.m. Friday through Sunday. Mr. Hewicker commented that if the Planning Commission is proposing to expand those hours,. it would be necessary for staff to renotice the application. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Use Permit No. 3110, sub- ject to the Findings and Conditions contained in Exhibit "A ", with modification as follows: 1) That Condition No. 7 be revised to read, "That the hours of operation be limited between the hours of 10:30 a.m. and 12:00 midnight, Monday through Thursday, and 10:30 a.m. and 1:00 a.m., Friday through Sunday." 2) That an additional condition be added to read, "That the Planning Commission may add/ or modify conditions.of approval to the 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." MOTION CARRIED- -33- T n x � � m c >> m =m of NeWDort Beach MINUTES ROLL CALL' p 1 1 j 1 j 1 INDEX • Motion All Ayes Mr. Tosheff then brought attention to proposed Condition of Approval No. 10 which provides, "That all trash receptacles shall be screened from the alley and adjoining properties." Mr.. Tosheff questioned the need for the subject condition inasmuch as the trash receptables would not be visible to any persons. During the course of discussion on this agenda item, the Planning Commission noted that the City's standard condi- tion which gives the City the right to recall the appli- cation in the event problems were to arise, had been inadvertently left out of the staff report. Planning Commission advised Mr. Tosheff of the verbiage of the subject condition, and Mr. Tosheff indicated no objection to the imposition of this condition. In answer to a question by the Planning Commission, Plan- ning Director Hewicker advised that the stated hours of operation of the restaurant are 10:30 a.m. to 12:00 mid- night, Monday through Thursday, and 10:30 a.m. to 1:00 a.m. Friday through Sunday. Mr. Hewicker commented that if the Planning Commission is proposing to expand those hours,. it would be necessary for staff to renotice the application. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Use Permit No. 3110, sub- ject to the Findings and Conditions contained in Exhibit "A ", with modification as follows: 1) That Condition No. 7 be revised to read, "That the hours of operation be limited between the hours of 10:30 a.m. and 12:00 midnight, Monday through Thursday, and 10:30 a.m. and 1:00 a.m., Friday through Sunday." 2) That an additional condition be added to read, "That the Planning Commission may add/ or modify conditions.of approval to the 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." MOTION CARRIED- -33- MNU)J)UNtKJ August 9, 1984 M n x � � c m m m City of Newport Beach MINUTES ROLL CALL I! j 1 Jill I INDEX . • Findings; 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compati- ble with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking, parking lot illumination, circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That the proposed change in operational characteristics of the take -out restaurant will not result in an in- creased parking demand for the area. 5. The Planning Commission has approved several use permi for on -sale beer and wine in other existing restaurant facilities throughout the City without requiring additional parking spaces. 6. That there is adequate on -site parking for the res- taurant employees. 7. The proposed narrow tandem parking spaces and rear yard setback encroachment will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such pro- posed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City; and further, that the proposed modifications are consistent with the legislative intent of Title 20 of this Code. 8. The approval of Use Permit No. 3110 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 neigh- borhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -34- • • 1V\MI»iUNtK_1) August 9, 1984 m n x c m _ m m m City of Newport Beach Conditions: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. MINUTES 2. That the parking lot plan shall be revised as follows: a) The width of each of the narrow parking spaces shall be reduced by 2 inches so as to eliminate the encroachment onto the parcel to the south of the subject property; b) The handicapped parking space shall conform to City standards, and shall be permitted to encroach 3 feet ±'into the required 10 foot rear I yard set- back area; C) The narrow space in front of the proposed delivery truck space shall be located a- minimum of 5 feet closer to the rear property line so as to permit the construction of a trash enclosure near the building; and the delivery truck space shall be deleted from the striping plan; d) The parking lot shall be striped in a manner acceptable to the City Traffic Engineer. 3. That the development standards related to a portion of the required offstreet parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping; and utility requirements are waived. 4. That no alcoholic beverages shall be sold or consumed outside the restaurant building. 5. That the serving of beer and wine shall be incidental to the primary function of providing food service. 6. That in consideration of the approval of this permit for an "on- sale" beer and wine license, an "off- sale" alcoholic beverage license shall not be permitted in the restaurant facility in the future. 7. That the hours of operation be limited between the hours of 10:30 a.m, and 12:00 midnight, Monday through Thursday, and 10:30 a.m. and 1:00 a.m., Friday through Sunday. -35- INDEX • • August 9, 1984 z Beach 8. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. 9. That the restaurant employees shall park on -site at all times. 10. That all trash receptacles shall be screened from the alley and from adjoining properties. 11. That this use permit shall expire unless exercised within 24 months from the date of approval as speci- fied in Section 20.80.090 of the Municipal Code. MINUTES 12. That the Planning Commission may add /or modify condi- tions of approval to the 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, com- fort or general welfare of the community. x • z Site Plan Review No. 36 (Discussion) Request to permit the construction of a marine service center which includes a commercial shipyard, a marine repair shop, a retail marine supply facility, and marine related offices. The proposal also includes a request to pay an annual in -lieu fee to the City for a portion of the required off - street parking spaces, and the acceptance of an environmental document. LOCATION: A portion of Lot H, Tract No. 616, located at 2439, 2505, and 2507 West Coast Highway, on the southerly side of West Coast Highway, between Tustin Avenue and the Balboa Bay Club.in the Mariner's Mile Specific Plan Area. SP -5 Turnstone Corporation, Newport Beach Same as Applicant -36- INDEX Plan I m n z � � c m � • • August 9, 1984 z Beach 8. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. 9. That the restaurant employees shall park on -site at all times. 10. That all trash receptacles shall be screened from the alley and from adjoining properties. 11. That this use permit shall expire unless exercised within 24 months from the date of approval as speci- fied in Section 20.80.090 of the Municipal Code. MINUTES 12. That the Planning Commission may add /or modify condi- tions of approval to the 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, com- fort or general welfare of the community. x • z Site Plan Review No. 36 (Discussion) Request to permit the construction of a marine service center which includes a commercial shipyard, a marine repair shop, a retail marine supply facility, and marine related offices. The proposal also includes a request to pay an annual in -lieu fee to the City for a portion of the required off - street parking spaces, and the acceptance of an environmental document. LOCATION: A portion of Lot H, Tract No. 616, located at 2439, 2505, and 2507 West Coast Highway, on the southerly side of West Coast Highway, between Tustin Avenue and the Balboa Bay Club.in the Mariner's Mile Specific Plan Area. SP -5 Turnstone Corporation, Newport Beach Same as Applicant -36- INDEX Plan I COMMISSIONERS August 9, 1984 MINUTES m ci F m v � � o City of Newport Beach ROLL CALL INDEX Motion All Ayes • • Jim Evans, 20341 Southwest Birc.h, Santa Ana Heights, appeared before the Planning Commission on behalf of the applicant and concurred with the findings and conditions set forth in the staff report. In response to a request by Mr. Evans, Planning Director Hewicker clarified the intent of proposed Condition of Approval No. 2. Motion was made for approval of Site Plan Review No. 36, subject to the findings and conditions set forth in Exhibit "A ", which 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 . and related vehicular, circulation are being provided in conjunction with the proposed development. 3. The proposed development is a high - quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 4. The proposed development does not adversely affect the public benefits derived from the expenditures of public funds for improvement and beautification of street and public facilities within the area. 5. The proposed development will not preclude the attain- ment of the specific area plan objectives stated in the Land Use Element of the General Plan. 6. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. 7. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. -37- m n x a� August 9, 1984 !01.1 t Beach MINUTES ROLL CALL I I I I J i l ( INDEX • Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and eleva- tions, except as may be noted below. 2. That the applicant execute an irrevocable offer to dedicate a public walkway easement 10 feet in width to permit access for pedestrians from West Coast High- way to the bay and a 10 foot wide lateral access easement across the waterfront, subject to the limi- tation that the City will not exercise or require the irrevocable offer to dedicate so long as the property is operated as a boatyard or any other permitted use which would involve an operation rendering such pub- lic walkway easements a hazard to pedestrians. } 3. That all improvements be constructed as required by ordinance and the Public Works Department. 4. That a standard site plan review agreement and accom- panying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. . 5. That the on -site parking, vehicular circulation and pedestrians circulation systems be subject to further review by the Traffic Engineer. , 6. That the landscaping adjacent to the public right-of- way be subject to review and approval of the Parks, Beaches and Recreation Department and Public Works Department. 7. That full width sidewalk be constructed, and the 24' wide drive apron be constructed per City STD 166 -L, and that the misaligned curb be reconstructed along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transpor- tation, and that the State Encroachment Permit for the new drive approach be obtained prior to the issuance of building permits. COMMISSIONERS August 9, 1984 m x v � m m m City of Newport Beach MINUTES ROLL CALL I 1 1 1 III I I INDEX -39- 8. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department; that the design of the new portions of the bulkhead be approved by the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 M.S.L.). 9. That the proposed development be constructed with a finish floor elevation above the curb elevation on West Coast Highway. 10. That a parcel map be processed and recorded prior to the issuance of any grading or building permits. 11. That 11 in -lieu parking spaces shall be purchased from • the city on an annual basis for the duration of the proposed use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 12. That the in -lieu spaces in the Municipal Parking Lot shall be utilized by employees of the various businesses conducted on the subject property. 13. That two additional parking spaces shall be provided on site adjacent to the space designated as Space No. 23 on the approved Site Plan. 4. That this Site Plan Review shall expire unless exer- cised within 24 months from the date of approval as specified in Section 20.01.070 J of the Newport Beach Municipal Code. • -39- m n x v F 'Q m o C 3 E • August 9, 1984 Of t Beach MINUTES my] 7� Use Permit No. 3048 (Revocation) (Public Hearing) Item #9 Use Permi Request to consider the revocation of Use Permit No. 3048 that permitted the establishment of a temporary hand No. 3048 washing, waxing, and auto detailing facility in portable (Revoca- structures on property in the P -C District and the approval tion) of a ground identification sign adjacent to East Coast Highway. This public hearing is to determine whether Recom- said use permit should be revoked for failure to comply mended with certain required Conditions of Approval. Revocatio- to the LOCATION: Parcel No. 1 of Parcel Map 108- 45 -46, City (Resubdivision No. 560) located at 2166 Council East Coast Highway, on the northerly side of East Coast Highway, between Newport Center Drive and MacArthur Boulevard, in Newport Village.( ZONE: P -C APPLICANT: Paul Tostberg, Newport Beach OWNER: The Irvine Company Planning Director Hewicker stated that staff has been unsuccessful in making contact with The Irvine Company to determine whether any negotiations are in progress relative to possible extension of the property lease. The public hearing was opened in connection with this item and Paul Tostberg, Applicant, 513 -1/2 Jasmine, Corona del Mar, appeared before the Planning Commission. Mr. Tostberg stated that comments were made at the last Planning Commission meeting concerning his character and honesty. Mr. Tostberg went on to state that he has operated an honest and reputable business. Chairperson Winburn questioned whether any attempts have been made by Mr. Tostberg, subsequent to the last Planning Commission meeting, to come into compliance with the Conditions of Approval imposed on the Use Permit. 90 • COMMISSIONERS, August 9, 1984 MINUTES m n x � � c m m m City of Newport Beach ROLL CALL I 11 1 ] 1 1 1 ,INDEX • Motion All Ayes • Mr. Tostberg responded that he conversed with The Irvine Company and was unable to receive a commitment as to the length of time the Company would permit his business to continue at the subject location. Commissioner Person clarified that the comments he made at the last Planning Commission meeting were directed specifically to Mr. Tostberg's operation and the non- compliance with the imposed Conditions of Approval. Mr. Tostberg commented that he hopes to start a permanent and proper facility, at some point in the future, that will be in compliance with City regulations. In response to a question posed by Commissioner Turner, Mr. Tostberg stated that, in light of the apparent short duration of the property lease, he feels it would be a poor business decision to. attempt .to comply with,the Conditions of Approval of the Use Permit at this point in time. Mr. Tostberg also commented that the dust emissions generated from the construction site located next to the Bank of Newport are causing problems for his detailing operation. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made to recommend to the City Council the revocation of Use Permit No. 3048, subject to the Finding contained in Exhibit "A ", which MOTION CARRIED. FINDING: 1. That the applicant has failed to comply with the following Conditions of Approval for Use Permit No. 3048 as approved by the Planning Commission on July 21, 1983: "1. That development shall be in substantial con- formance with the approved plot plan, floor plan, and elevations, except as noted below. "2. That the operation shall be limited to the washing, detailing and waxing of automobiles, and shall be conducted entirely within the enclosed canopies. -41- • COMMIii August 9, 1984 MINUTES � 1 City of Newport Beach ROLL CALL I INDEX F-1 L I 1 LJ "11. That the car wash area be enclosed on the top and all sides so as to prevent rain water from entering the sewer system. "16. Restroom facilities shall be provided as required by the Uniform Building Code. Said restroom facilities shall be permanent (i.e., no portable sanitation stations). "17. A landscape plan shall be prepared by the applicant and to be approved by the Planning Department. Said plan shall include the partial screening of the building on the property. The landscaping shall be installed in accordance.with the approved plan, and be continuously maintained." i A D I TI O�N A L B U S N E S S Clarification of Public Notices Planning Director Hewicker stated that Nancy Skinner, in a letter to.the City Council, dated July 6, 1984, -sug- gested that the City's public notices should be more explicit and clear. Mr. Hewicker added that the City Council referred said letter to the Planning Commission for review and report back. Mr. Hewicker then reviewed the background of the request and gave an overview of the contents of the staff report. During the course of his presentation, Mr. Hewicker discussed the types of public notices being utilized by the Orange County Board of Supervisors, as well as the Cities of Costa Mesa and Irvine. Commissioner Turner referred to a public notice utilized by the City of Santa Ana, and commented favorably on the clarity and directness of the subject notice. A.general discussion among the Planning Commissioners ensued, during which time it was noted that the legal notices utilized by the.City of Newport Beach are both -42- Additions Business Clarifi- cation of Public Notices Rec. to C. C. that the City' Public Notices are Ade- quate COMMISSIONERS August 9, 1984 m x � � c m V � � m m ° City of Newport Beach MINUTES ROLL CALL 1 1 1 1 1 1 1 1 I INDEX Motion All Ayes • informative and descriptive. Additionally, it was noted that the City recently clarified the wording of its public notices for Environmental Impact Reports and Nega- tive Declarations. Motion was made that the Planning Commission relay to the City Council its opinion that the City's public notices are adequate as presently written. Additionally, that the Planning Commission refer samples of public notices being used by other jurisdictions to the City Council to assist them in the event the City Council deems that changes to the City's public notices are desirable. MOTION CARRIED. * x rt In -Lieu Parking Committee Recommendation Commissioner Person discussed that the In -Lieu Parking Committee has been considering the possibility of the . City acquiring lots in Cannery Village for parking purposes. Commissioner Person advised that Applicants could be charged a one -time in -lieu fee which would be determined by a computation of the total cost of the land acquisition acid cost of the building, divided by the number of parking spaces contained in the structure. It is estimated that the cost of one parking space would range between $5,000 and $10,000. Commissioner Person further advised that the Committee will be sending a communication to the City Council, for its meeting of August 13, 1984; that will recommend that the City enter into negotiations concerning the lease of three lots, and the acquisition of three other lots, in the Cannery Village area. There being no further business, the Planning Commission adjourned at 11:50 p.m. • I I I I JOHN KURLANDER, Secretary 1I 11 1 Newport Beach City Planning Commission -43- In -Lieu Parking Committee Recom- mendation Adjourn- ment