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HomeMy WebLinkAbout08/18/1983x1x REGULAR PLANNING COMMISSION MEETING PLACE: .City Council Chambers TIME: 7:30 p.m. DATE: August 18, 1983 lo,1 All Present Beach a x x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Robert P. Lenard, Advance Planning Administrator Nancy M. Alvidrez, Secretary 3 m a c m m� m x1x REGULAR PLANNING COMMISSION MEETING PLACE: .City Council Chambers TIME: 7:30 p.m. DATE: August 18, 1983 lo,1 All Present Beach a x x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Robert P. Lenard, Advance Planning Administrator Nancy M. Alvidrez, Secretary MINUTES INDEX • Mr. Bill Laycock, Current Planning Administrator, referred to Item No. 1 - Use Permit No. 1852 - Hassan's Cafe, stating that the City Attorney's office has recommended that this item be removed from calendar. In addition, the following items are proposed to be continued: Item No. 4 - Use Permit No. 2020 (Amended) and Item No. 5 - Variance No. 1103 - Le Bistro Restaurant, the applicant has requested that these items be continued to the September 8, 1983 Planning Commission Meeting. Item No. 8 - Lot Line Adjustment No. 83 -3, the applicant of The Irvine Company. has requested that this item be continued to the September �22, 1983 Planning Commission Meeting. Item No. 10 - Use Permit No. 1677 (Amended) and Item No. 11 - Variance No. 1106 - The Stuft Noodle Restaurant, the . applicant has requested that both of these items be continued to the September 8, 1983 Planning Commission Meeting. Item No. 13 - Use Permit No. 3056 and Item No. 14 - Variance No. 1105 a proposed restaurant I on Balboa Island, the applicant has .requested that both these items be continued to the September 22, 1983 Planning Commission Meeting. Item No. 15 - Use Permit No. 3057 and Item No. 16 - Tentative Map of Tract No. 12035 - Wale Development Corporation, the applicant has requested that these items be continued to the • September 8, 1983 Planning Commission Meeting. Item No. 17 - Tentative Map of Tract No. 10814 (Revised) , the applicant of The Irvine .Company has requested that this item be continued to the September 8, 1983 Planning Commission Meeting. MINUTES INDEX � x � r • v � m g o August 18, 1983 MINUTES ROLL CALL INDEX Motion Motion was made to continue the above noted items, All Ayes. X X X X Items No. 4 and 5, 8, 10 and 11, 13 and 14, 15 and 16, and 17, which MOTION CARRIED. Motion I I I I All Ayes X X X X Motion was made to remove Item No. 1 from the calendar, which MOTION CARRIED. Request to consider revocation proceedings on Use (item #1 Permit No. 1852 that permitted the establishment of Hassan's Cafe with on -sale beer and wine in the C -1 District. Said revocation proceedings are in conjunction with the failure of the applicant to purchase required in -lieu parking permits from the City. 2 LOCATION: Portions of Lots 3 and 7 of Section 28, Township 6 South, Range 10 West, San USE PERMIT NO. 1852 Bernardino Meridian, located at 3325 Newport Boulevard, on the westerly side of • Newport Boulevard between Finley Avenue and 32nd Street, in Central Newport. ZONE: C -1 APPLICANT: - Hassan Hassan, La Habra REMOVED FROM OWNERS: John P. Myers and Maxine Myers, CALENDAR Los Angeles Motion X As per the request of the City Attorney's office, All Ayes X X X X X X X motion was made to remove Item #1 - Use Permit No. 1852 (Revocation) from the calendar, which MOTION CARRIED. Request to resubdivide an existing single parcel of Item #2 land into two parcels for single family residential purposes. The proposal also includes a request for an exception to the Subdivision Code. so as to allow the creation of two interior parcels with less than 50 foot widths. The proposal also includes the acceptance of an environmental document. LOCATION: 'Lot No. 29, Block E, Tract No. 1219, RESUB- - • located at 1021 Kings Road, on the DIVISION. southerly side of Kings Road between NO. 755 St. Andrews Road and Signal Road, in Cliff Haven. 2 MINUTES x ' August 18, 1983 `t m v m m City of Newport Beach ROLL CALL I 11 1 J i l l I INDEX ZONE: R -1 APPLICANT: Charles Winfield, Newport Beach OWNER: - Same as applicant ENGINEER: Same as applicant The public hearing opened in connection.with this item DENIED and Mr. Charles Winfield, applicant, appeared before the Commission. Mr. Winfield gave his presentation and asked for approval of his request. Chairman King asked the applicant to show the Commission the maps that he presented during his presentation and a copy of the petition that he circulated. Chairman King also questioned the property located at 1821 Kings Road, which Mr. Winfield referred to in the presentation. • In response to a question .posed by Chairman King, Mr. Laycock, Current Planning Administrator, stated that the square footage of the two lots exceed Code requirements,.but that the lots do not meet the minimum Ordinance requirements of 50 feet in width. Mr. Laycock further stated that in order to determine the lot width, the average width of the lot would have to be determined. Mr. Robert Craig, 418 Snug Harbor Road, member of Board of Directors at the Cliff Haven Homeowners Association, stated that the Board met with Mr. Winfield. After a lengthy review and discussion, the Board voted not to support Mr. Winfield's request for the following reasons: 1. It is against. the lot size restrictions for the neighborhood which requires a minimum width of 50 feet. 2. There are several parcels in Cliff Haven which will qualify for lot splits if this one is approved. 3. This lot split, if allowed to happen, will be the beginning of several lot splits in Cliff Haven and • destroy the unique character and charm of the neighborhood. The Board of Directors for Cliff Haven Homeowners Association therefore respectfully request that Mr'. Winfield's resubdivision be denied. 3 MINUTES ' August 18, 1983 g r m m m m City of Newport Beach ROLL CALL INDEX Mr. Brad Dorgman, resident of 1.020 Kings Road, appeared before the Commission. Mr. Dorgman stated that if the lot split is approved, there would be increased traffic and extra vehicles on the street and that there would be congestion in the area, both of which are factors he would like the Commission to consider. Commissioner Balalis mentioned the fact that he was surprised to see that Mr. Winfield has received as many positive votes to resubdivide 'his lot. Commissioner Balalis suggested, for the consideration of Mr. Winfield, that he might want to have the opportunity to collect more signatures to try to convince the Association that what he is requesting is not as detrimental as it appears to be. Chairman King added to Commissioner Balalis' comments stating that the two lots of the lot split would be larger than all the interior lots on the other side of Kings Road and at least as large as some of the others • already existing on the southerly side of Kings Road. In response to. a question posed by Chairman King, Mr. Laycock stated that the only irregularity of the Subdivision.Code is the width of the proposed lots. Motion I I IX IXIXI Mootion was made for the denial of Resubdivision Ayes X X X X No. 755, subject to the Findings for Denial in Exhibit Noes "A", which MOTION CARRIED. FINDINGS: 1. Although the square footages of the proposed parcels, are substantially greater than the 5,000 sq.ft. minimum required by Code, the proposed widths of the subject parcels do not meet the minimum standards of the Subdivision Code. 2. That the proposed resubdivision is inconsistent with the established size and shape of a majority of other lots in the Cliff Haven area, which was subdivided originally under a concept of larger lots. I I I I I I I 3. That the unique characteristic of the community . with the larger sized lots should be preserved and remain as originally developed. 0 � x g r m m c n '0 m �o_ August 18, 1983 0 Beach 4. That the granting of this exception is not compatible with the objectives of the regulations governing light, air and the public health, safety, convenience, and general welfare. 5. That the granting of an exception to the Subdivision Code will be detrimental to the public welfare or injurious to other property in the Vicinity in which the property is located. Request to establish one building site and eliminate interior property lines where three lots presently exist so as to permit future commercial development on the property. MINUTES Item #3 LOCATION: Lots No. 17, 18 and 19, Block 7, Resubdivision of. Section One of Balboa DIVISION Island, located at 133 Agate Avenue, on NO. 756 • the southwesterly corner of Agate Avenue and Park Avenue, on Balboa Island. ZONE: C -1 -H APPLICANT: Mr. Bruce E. Nott, Irvine OWNER: Same as applicant ENGINEER: Duca- McCoy, Inc., Corona del Mar The public hearing opened in connection with this .item and Mr. Bill Laycock, Current Planning Administrator stated that the applicant telephoned the Planning Department this afternoon and said that he was unable to attend the Planning Commission meeting. However, he had reviewed all of the Conditions of Approval and had no objections.to said conditions. Motion X Motion was made for the approval of Resubdivision All Ayes X X X X X X No. 756, subject to the Findings and Conditions in Exhibit "A ", which MOTION CARRIED. FINDINGS: 1. That the map meets the requirements of Title 19 of • the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 5 APPROVr..T) waui- TIONALLY August 18, 1983 Loll Beach MINUTES ROLL CALL 1. 1 1 1 1 1 1 1 1INDEX 1 • • 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 recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a 15 -foot radius corner cutoff at the corner of Agate Avenue and Park Avenue be dedicated to the public. 4. That the existing curb return at the intersection of Park.Avenue and Agate Avenue be reconstructed on a 20 -foot radius and that an access ramp be included within it; and that the existing non - standard curb and sidewalk along Park Avenue be reconstructed. All .work is to be completed prior to recordation of the parcel map and under an. encroachment permit issued by the Public Works Department. Request to amend a previously approved use permit which permitted the establishment of the "Le Bistro" Restaurant facility with on -sale beer and wine in the C -1 District. The proposed amendment is a, request to increase the "net public area" of the restaurant and to add live entertainment (i.e., a piano) to the restaurant operation. MEN] Request to waive all of the additional required off- street parking spaces in conjunction with the expansion of the "net public area" of the "Le Bistro" Restaurant facility. n Item #4 USE PERMIT No. 2020 (Amended) AND Item #5 VARIANCE NO. 1103 � x `e r v � m August 18, 1983 Loll Beach MINUTES ROLL CALL 1. 1 1 1 1 1 1 1 1INDEX 1 • • 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 recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a 15 -foot radius corner cutoff at the corner of Agate Avenue and Park Avenue be dedicated to the public. 4. That the existing curb return at the intersection of Park.Avenue and Agate Avenue be reconstructed on a 20 -foot radius and that an access ramp be included within it; and that the existing non - standard curb and sidewalk along Park Avenue be reconstructed. All .work is to be completed prior to recordation of the parcel map and under an. encroachment permit issued by the Public Works Department. Request to amend a previously approved use permit which permitted the establishment of the "Le Bistro" Restaurant facility with on -sale beer and wine in the C -1 District. The proposed amendment is a, request to increase the "net public area" of the restaurant and to add live entertainment (i.e., a piano) to the restaurant operation. MEN] Request to waive all of the additional required off- street parking spaces in conjunction with the expansion of the "net public area" of the "Le Bistro" Restaurant facility. n Item #4 USE PERMIT No. 2020 (Amended) AND Item #5 VARIANCE NO. 1103 r v m m m s a x 0 m August 18, 1983 Of t Beach MINUTES ROLL CALL I I I I III I IINDEX Motion I I I All Ayes X X X X • • LOCATION:. Lots No. 1121, 1122 and a portion of Lot No. 1123, Tract No. 907, located at 3448 Via Oporto, on the northeasterly side of Via Oporto, between Central Avenue and Via Lido, in Lido Marina Village. ZONE: C -1 -H APPLICANT: Mavis Investments, dba Le Bistro, Newport Beach OWNER: Traweek Investments, Marina Del Rey Staff suggested that these items be continued to the September 8, 1983 Planning Commission Meeting as per the request of the applicant. Motion was made to continue Item No. 4 - Use Permit No. 2020 (Amended) and Item No. 5 - Variance No. 1103, which MOTION CARRIED. Request to permit the construction of a two unit residential condominium development and related garage spaces on property located in the R -3 District. P1_ Ml Request to resubdivide an existing single parcel of land in the R -3 District into a single parcel for residential condominium purposes. LOCATION: Lot No. 12, Block .109, Section B, Newport Beach Tract, located at 922 West Balboa Boulevard, on the northerly side of West Balboa Boulevard, between Ninth Street and Tenth Street, on the Balboa Peninsula. ZONE: R -3 APPLICANT.: Dean Mollner, Santa Ana OWNER: Same as applicant ENGINEER/ ARCHITECT: Brion S. Jeannette & Associates, Newport Beach 7 Item #6 USE PERMIT NO. 3051 no-W I tem DIVISION NO. 757 • Motion All Ayes Motion All Ayes August 18, 1983 n 7c 15 m m o� City of Newport Beach The public hearing opened in connection with this item and Mr. Brion Jeannette, architect, representing Dean Mollner, appeared before the Commission. Mr. Jeannette stated that based on the fact that there is an effort to reduce the zoning in the area, he has reduced the plans by about 123 square feet. This new total floor area reduces the livable buildable area, not including the garages or. the storage area, to 1.83 times the buildable area. Chairman King stated that Commissioner Balalis was absent from the last Planning Commission meeting, and the City Attorney's office indicated that if the Commission were able to restate some of the concerns that the Commission had at the last meeting, it would enable Commissioner Balalis to vote on this matter. The concerns were the overall buildable of the original development of 1.98 times the buildable area without garage spaces and the 2.34 times the buildable area including the enclosed car spaces. An additional concern was the 3 tandem garage spaces. The Commission voted 3 Ayes, 3 Noes and asked the applicant to come back when a full Commission was present. Commissioner Winburn commended Brion Jeannette for the work that he has done in this item. Motion was made for approval of Item No. 6 - Use Permit X X No. 3051, with the reduced plans, and subject to the Findings and Conditions in Exhibit "A', which MOTION CARRIED. Motion was made for approval of Item No. 7 - Resubdivision No. 757, which MOTION CARRIED. USE PERMIT NO. 3051 FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. I I I I 112. The project will comply with all applicable standard plans and zoning requirements. for new buildings applicable to the district in which the • i I I ' ( I proposed project is located at the time of i approval. A MINUTES INDEX APPROVED CONDI- TIONALLY • MINUTES August 18, 1983 n 7C er a v m m w. City of Newport Beach m j O INDEX 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development: 6. The approval of Use Permit No. 3051 will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general .welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to . property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot ,plan, floor plans, and elevations, except as noted below. 2. That the plans shall be revised slightly so that the proposed residential project shall not exceed the allowable 24/28 feet on the front one -half of the lot. 3. That a minimum of one accessible parking space and one tandem parking space shall be provided for each dwelling unit. 4. That all conditions of approval of Resubdivision No. 757 be fulfilled. 5. That the proposed development shall not exceed 1.83 times the buildable area of the site, excluding the garage spaces and adjoining storage area. RESUBDIVISION NO. 757 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. 9 � r v � m m a 0 m August 18, 1983 of. Newport Beach MINUTES ROIL CAU I I I I III I I INDEX Cl 0 2. 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. 3. That the proposed resubdivision presents no problems from a planning standpoint. 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 standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the existing drive apron be removed and replaced with curb and sidewalk along the Balboa Boulevard frontage under an encroachment permit issued by the Public Works Department. 6. That all vehicular access to the parcel be from the adjacent alley. 7. That the proposed driveway be paved to join the alley pavement and shall be reviewed and approved by the Public Works and Building Departments. Request to adjust the common area lot lines for the purpose of eliminating structural.encroachments on lots located in Tract No. 6230. 10 Ti-pm ; £R MINUTES ENGINEER: Psomas & Associates, Costa Mesa Staff suggested that this item be continued to the September 22, 1983 Planning Commission Meeting as per the request of the applicant. Motion X Motion was made to continue Item No. 8 - Lot Line All Ayes X X X X X X X Adjustment No. 83 -3, which MOTION CARRIED. • * x • Request to amend a previously approved use permit which permitted the expansion of A. T. Leo's Restaurant facility with on -sale alcoholic beverages. The proposed amendment is a request to add live entertainment and dancing to the restaurant use, and to delete a Condition of Approval requiring valet parking on week nights.' LOCATION: Lots 58 -67, Tract No. 673, located at 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel Drive in Corona del Mar ZONE: C -1 and R -1 APPLICANT: A. T. Leo's Fine Food & Spirits, Corona del Mar OWNER: Same as Applicant Commissioner Goff stated that due to a personal friendship with one of the partners of the subject restaurant, he would like to step down from any actions on this item. • I I I I I I The public hearing opened in connection with this item and Mr. Al Mayo, General Partner of A.T. Leo's Restaurant, appeared before the Commission. Mr. Mayo 11 Continued to Septem- ber 22, 1983 Item #9 USE PERMIT I NO. 1965 (Amended) APPROVED CONDI- TIONALLY g August 18, 1983 x v m m m m a City of New Beach port ROLL CALL INDEX LOCATION: Tract No. 6230, located on the northerly LOT LINE side of Vista Del 'Oro, between Vista Del ADJUSTMENT NO. 83 -3 Sol and Vista Del Playa, in the Bluffs ZONE: R- 4- B -2 -PRD APPLICANT: The Irvine Company, Newport Beach OWNER: Same as Applicant. ENGINEER: Psomas & Associates, Costa Mesa Staff suggested that this item be continued to the September 22, 1983 Planning Commission Meeting as per the request of the applicant. Motion X Motion was made to continue Item No. 8 - Lot Line All Ayes X X X X X X X Adjustment No. 83 -3, which MOTION CARRIED. • * x • Request to amend a previously approved use permit which permitted the expansion of A. T. Leo's Restaurant facility with on -sale alcoholic beverages. The proposed amendment is a request to add live entertainment and dancing to the restaurant use, and to delete a Condition of Approval requiring valet parking on week nights.' LOCATION: Lots 58 -67, Tract No. 673, located at 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel Drive in Corona del Mar ZONE: C -1 and R -1 APPLICANT: A. T. Leo's Fine Food & Spirits, Corona del Mar OWNER: Same as Applicant Commissioner Goff stated that due to a personal friendship with one of the partners of the subject restaurant, he would like to step down from any actions on this item. • I I I I I I The public hearing opened in connection with this item and Mr. Al Mayo, General Partner of A.T. Leo's Restaurant, appeared before the Commission. Mr. Mayo 11 Continued to Septem- ber 22, 1983 Item #9 USE PERMIT I NO. 1965 (Amended) APPROVED CONDI- TIONALLY MINUTES 3 August 18, 1983 r g .o m m w. City of Newport Beach INDEX asked why there are only negative comments in the staff report and not the signatures of approval from the people within the Shore Cliffs Community. In, response to Mr. Mayo's question, Mr. Bill Laycock, Current Planning Administrator, stated that the petitions from the past were for the opening of the restaurant itself or its expansion. Mr. Laycock further stated that at the time;, no live entertainment or dancing was permitted. If the applicant desired to submit another petition; saying that the surrounding residents had no objections to live entertainment or dancing then those signatures would have been added to the staff report. Mr. Mayo asked for clarification of Condition No. 5 in Exhibit "C ", asking for dedication of a 10 -foot radius corner cutoff at the corner of Hazel Drive and East Coast Highway. In response to Mr. Mayo's question Mr. Donald Webb, City Engineer, stated that the • original conditions of this particular use permit required a parcel map to he filed and there has not been a parcel map submitted. Mr. Mayo further stated that he spoke with the Planning Department notifying them that the person owning the second trust deed would not give his approval to said dedication so this made complications. In response to Mr. Mayo's statement, Mr. Webb stated.that staff was not aware of the problems with recording of the map and that staff was assuming the corner cutoff would be a part of the map when it is recorded. Commissioner Winburn asked Mr. Mayo if his request were approved with the valet parking not required during the week, how full does he think the parking lot will become during the week? In response to Commissioner Winburn's question, Mr. Mayo stated that when there are no banquets, weddings, etc., the parking lot does not get full. However, A.T. Leo's does intend to continue with the valet parking on the weekends. In response to a question posed by Commissioner McLaughlin, Mr. Mayo stated that he has not met with the Shore Cliffs Property Owners Association regarding any objections to his request, but if it is needed, he • will take the petition door to door to get recommendations for the approval of his request. 12 MINUTES August 18, 1983 r x m m °. C ity of Newport Beach ROLL CALL I III III I 1 INDEX r 1 In response to a question posed by Commissioner Person, Mr. Mayo stated that he is primarily interested in live entertainment for private parties during the day, and a piano bar at night. Mr. Jim Sands, appeared before the Commission. Mr. Sands stated that normally the weddings last from 12:00 p.m. to 4:00 P.M. or from 1:00 p.m. to 5:00 p.m., and the bands are usually for three hour sessions. Commissioner Person stated that if the Commission were to pose a condition that the live entertainment would not be permitted after 5:00 p.m., with the exception of the piano bar, would the applicant be willing to accept such a condition? The applicant accepted Commissioner Person's suggested condition. Mr. John .Killefer, President of the Shore Cliffs Property Owners Association, appeared before the Commission. Mr. Killefer stated that the concern of Shore Cliffs is that of noise, litter and parking. Mr. Killefer further stated that due to patrons who park illegally in Shore Cliffs, there is a great deal of litter left behind. One of the members of Shore Cliffs has gone out and picked up parking tickets that people have taken off of their windshields and thrown them on the ground. Mr. Killefer stated they concurred with the staff report for the denial of live entertainment. In response to a question posed by Chairman King, Mr. Killefer stated that. with respect to live entertainment, Shore Cliffs would concur with the statement to break the proposed request down to two types of live entertainment, a piano bar vs. a band, music for wedding receptions, etc. Mr. Herb Rudder, resident of. Corona del Mar, appeared before the Commission. Mr. Rudder stated that people should have a right to change their business or expand their business and also that he doesn't believe that, being in the restaurant business, the applicant's request will do any harm at this point. Yurther. stated that he and his wife were part of the opponents that Mr. Mayo ran into.approximately one year 13 Mr. Oakley Frost, resident at 416 Hazel, Corona del Mar, appeared before the Commission. Mr. Frost stated that the .problem is that of the noise. Mr. Frost • Yurther. stated that he and his wife were part of the opponents that Mr. Mayo ran into.approximately one year 13 3 x r 3 j 0 m .tea U August 18, 1983 of Newport Beach MINUTES ago. They fought Mr. Mayo because of the problems that the restaurant had at that time. Whether because of the voluntary compliance or the restrictions imposed in the use permit, they found that the problems have not continued substantially throughout the year. Mr. Frost concurred with the comments of Mr. Rudder. Mr. Frost stated his concern that no use permit be permitted that does not specifically prevent live entertainment or dancing in the evening except for a piano bar. Mr. Frost suggested a specific condition that there be no electronically amplified music. Mr. William Barten, resident of Newport Beach, stated that he has made it clear to live with restricted conditions, i.e., wedding receptions, private banquets permitted only between the hours of 1:00 p.m. and 5:00 p.m., and that he would be willing to restrict live entertainment to a piano bar at night. 'Mr. Barten further stated that as an investor of A.T. Leo's Restaurant, he would not agree to a condition for the dedication of a 10 foot radius corner cutoff which he • considers a taking of his property by the City, which is one of the conditions of approval and that he would like to ask the Planning staff whether they must have that condition.. In response to Mr. Barten's question, Mr. Webb, City Engineer, stated that as far as the corner cutoff is concerned, it-is not important to have that now as long as Hazel Drive stays as a one -way street. Mr. Webb further stated that he would question the fact that the parcel map has not been filed on the site which was part of the original condition and that this is something that should be looked into in more detail and clarified. Mr. Barten commented on Commissioner Winburn's question regarding valet parking, stating that he believes more people turn away from a parking lot when there is valet' parking than when there is no valet parking. .Mr. Wit Thomas, a resident on Evening Canyon Road, appeared before the Commission. Mr. Thomas stated that living directly across from A.T. Leo's Restaurant, he is very concerned with the sound, coming from the restaurant. Mr. Thomas further stated that a use • permit of this kind should specify restricted business hours. 14 August 16, 1983 Loll MINUTES t Beach INDEX Mr. Dave Carpenter, owner of property located at 346 Poppy Avenue and 343 Hazel Drive, appeared before the Commission. Mr. Carpenter stated that what he is concerned about is not any activity that is self - contained in the restaurant, but that the problem is drunks. Mr. Carpenter further stated that he brought with him a letter from Mr. and Mrs. Jim Brachae, 333 Poppy Avenue, relating to the A.T. Leo's Restaurant request. The letter discussed the noise pollution to the neighborhood and its aesthetic quality, unique to the village atmosphere of this beach community. . Ms. Pat Shapiro, resident of 287 Evening Canyon Road, stated that she feels a piano bar is A good addition to A.T. Leo's, as long as the piano bar is not amplified to the point where it can be heard outside the building. Ms. Shapiro further stated without amplification, there would not be too much of a problem.. • Mr. wally Zigler, resident of 327 Poppy Avenue, appeared before the Commission. Mr. Zigler complimented Mr. Mayo on the food he serves. Mr. Zigler stated that he worries about live entertainment relating to amplification in the day time and up to 5:00 p.m. Mr.. Philip Icarion, who has consulted with Mr. Mayo for in excess of one year, appeared before the Commission. Mr. Icarion stated he owns a restaurant that does weddings on Saturday afternoons as well as another restaurant that has a piano bar. Mr. Icarion further stated that the existing restaurant has a stereo system that can be. turned up to the extent that any rock n' roll band in the area will be drowned out and that you can not have a piano bar without it being amplified in some manner. Mr. Icarion gave . some examples of restaurants that have amplified piano bar; i.e., The Park Restaurant, Five Crowns, and The Quiet Woman. The competitive disadvantage that A.T. Leo's is presently in would only be magnified if it were forced to go with an unamplified piano bar,.and it would be a "joke" of the restaurant industry. In response to a question posed by Chairman King, • Mr. Icarion stated that in terms of a piano bar, the normal type configuration is where the piano player would sit in back and have an amplifier with a 15 3 � s,, r 9 c m n m 0 m August 16, 1983 Loll MINUTES t Beach INDEX Mr. Dave Carpenter, owner of property located at 346 Poppy Avenue and 343 Hazel Drive, appeared before the Commission. Mr. Carpenter stated that what he is concerned about is not any activity that is self - contained in the restaurant, but that the problem is drunks. Mr. Carpenter further stated that he brought with him a letter from Mr. and Mrs. Jim Brachae, 333 Poppy Avenue, relating to the A.T. Leo's Restaurant request. The letter discussed the noise pollution to the neighborhood and its aesthetic quality, unique to the village atmosphere of this beach community. . Ms. Pat Shapiro, resident of 287 Evening Canyon Road, stated that she feels a piano bar is A good addition to A.T. Leo's, as long as the piano bar is not amplified to the point where it can be heard outside the building. Ms. Shapiro further stated without amplification, there would not be too much of a problem.. • Mr. wally Zigler, resident of 327 Poppy Avenue, appeared before the Commission. Mr. Zigler complimented Mr. Mayo on the food he serves. Mr. Zigler stated that he worries about live entertainment relating to amplification in the day time and up to 5:00 p.m. Mr.. Philip Icarion, who has consulted with Mr. Mayo for in excess of one year, appeared before the Commission. Mr. Icarion stated he owns a restaurant that does weddings on Saturday afternoons as well as another restaurant that has a piano bar. Mr. Icarion further stated that the existing restaurant has a stereo system that can be. turned up to the extent that any rock n' roll band in the area will be drowned out and that you can not have a piano bar without it being amplified in some manner. Mr. Icarion gave . some examples of restaurants that have amplified piano bar; i.e., The Park Restaurant, Five Crowns, and The Quiet Woman. The competitive disadvantage that A.T. Leo's is presently in would only be magnified if it were forced to go with an unamplified piano bar,.and it would be a "joke" of the restaurant industry. In response to a question posed by Chairman King, • Mr. Icarion stated that in terms of a piano bar, the normal type configuration is where the piano player would sit in back and have an amplifier with a 15 August 18, 1983 M t Beach MINUTES ROLL CALL J j I INDEX microphone to his face and a microphone down on the keys. There are two speakers, one to each side of him, that play out toward the crowd. Another aspect of this situation is that the restaurant is not looking for dancing at night, but the fact is that if they don't book these weddings during the day, they will go out of business. In response to a question posed by Commissioner Person, Mr. Icarion stated that in being specific in terms of dBAs, he would not be able to to specify an output suitable for the entertainment proposed, but that if a wedding were booked in the afternoon, the room where it was to be held is so far removed from the windows that about 99% of the noise would be deadened by the time it got to the windows. The only room that would accommodate a 3 or 4 piece band is the banquet room which is.in the interior of the restaurant. Mr. Rudder made a comment stating that one thing which . speaks well for what is proposed is the fact that several years ago when there was a public hearing for a proposed golf course by the airport, the Council Chambers was filled with people, concerned about the fact of not being able to ride their horses around the golf course, and that if. this request were a real concern to neighbors, the Council Chambers would again be filled with.concerned people. Mr. Dan Wiseman, resident of 336 Hazel Drive, appeared before the Commission. Mr. Wiseman attested to a fine job A.T. Leo's has done. Mr. Wiseman further stated that at the beginning, there was a considerable amount of problems and a lot of publicity, but since that time, the restaurant has not. been objectionable. Mr. Wiseman suggested that weddings be booked on a trial basis to see what kind of problems occur. Commissioner Balalis stated if this request is to be approved, then staff should get the figures which is normally acceptable in other situations and to forget for the moment that this is live music, and talk about a level of noise that would be allowable at the property lines. If this allowable noise, level is violated, it would be a violation of the use permit. • ! I I I I I I Therefore, it is up to the operators to decide what I they have to do to provide the Commission with a level of noise that is acceptable. 16 3 � � � m C W ? 6 0 a August 18, 1983 M t Beach MINUTES ROLL CALL J j I INDEX microphone to his face and a microphone down on the keys. There are two speakers, one to each side of him, that play out toward the crowd. Another aspect of this situation is that the restaurant is not looking for dancing at night, but the fact is that if they don't book these weddings during the day, they will go out of business. In response to a question posed by Commissioner Person, Mr. Icarion stated that in being specific in terms of dBAs, he would not be able to to specify an output suitable for the entertainment proposed, but that if a wedding were booked in the afternoon, the room where it was to be held is so far removed from the windows that about 99% of the noise would be deadened by the time it got to the windows. The only room that would accommodate a 3 or 4 piece band is the banquet room which is.in the interior of the restaurant. Mr. Rudder made a comment stating that one thing which . speaks well for what is proposed is the fact that several years ago when there was a public hearing for a proposed golf course by the airport, the Council Chambers was filled with people, concerned about the fact of not being able to ride their horses around the golf course, and that if. this request were a real concern to neighbors, the Council Chambers would again be filled with.concerned people. Mr. Dan Wiseman, resident of 336 Hazel Drive, appeared before the Commission. Mr. Wiseman attested to a fine job A.T. Leo's has done. Mr. Wiseman further stated that at the beginning, there was a considerable amount of problems and a lot of publicity, but since that time, the restaurant has not. been objectionable. Mr. Wiseman suggested that weddings be booked on a trial basis to see what kind of problems occur. Commissioner Balalis stated if this request is to be approved, then staff should get the figures which is normally acceptable in other situations and to forget for the moment that this is live music, and talk about a level of noise that would be allowable at the property lines. If this allowable noise, level is violated, it would be a violation of the use permit. • ! I I I I I I Therefore, it is up to the operators to decide what I they have to do to provide the Commission with a level of noise that is acceptable. 16 MINUTES August 18, 1983 n x r w City of Newport Beach INDEX Mr. Wiseman stated that if this request is approved, he would like the use permit put on a trial period. Mr. Killifer .stated in representing the Shore Cliffs Property Owners Association, he suggested that the Commission support staff's recommendation for denial. In response to a question posed by Commissioner Kurlander, Mr. Webb stated that the time limitation for a parcel map to be filed is within 3 years from the time of the first meeting, unless extensions are asked for. Mr. Laycock stated that Condition No. 17 of the original amended use permit, approved January 7, 1982, stipulated that all conditions of approval for Resubdivision No. 711 be fulfilled. One of the conditions of Resubdivision No. 711 was that "a parcel map be filed." Mr. Laycock further stated that if approximately 40 parking spaces were eliminated then approximately 1.,600 square feet of the floor area would • I ( I I I I have to be eliminated, based upon one parking space for each 40 square feet of "net floor area" in the restaurant. In response to a question posed by Commissioner Winburn, Mr. Webb stated that as far as public safety is, concerned, it would depend on whether or not the restaurant became successful again. If there is going to be only twenty cars in the restaurant parking lot, then they will have plenty of room to park, but when they try to park eighty or ninety cars in the narrower spaces, it is felt that there would be a definite problem. Mr. Gabriele added that the new condition would cover the approval for trial basis. Motion X Motion was made for approval of Use Permit No. 1965 (Amended), ,subject to the .Findings and Conditions of Exhibit "C ", as amended by the Commission. Ayes X x X X X X There being no other discussion, the motion was now Abstain X voted on., which MOTION CARRIED. FINDINGS: 1. That the addition of dancing and live entertainment • in conjunction with private parties and banquets will not adversely impact nearby residential uses as long as said live entertainment occurs between the hours of 11:00 a.m. and 5:00 p.m. 17 MINUTES INDEX 2. That the deletion of the valet parking during the week nights .(Monday through Thursday, inclusive) will.not adversely impact surrounding properties. 3. That, the subject restaurant is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and as conditioned is compatible with surrounding land uses. 4. The approval of Use Permit No. 1965 (Amended) as conditioned, 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, floor plan, and elevations. 2. That dancing and live entertainment shall be permitted only in conjunction with private parties and banquets between the hours of 11:00 a.m. and 5:00 P.M. The use of a piano shall also be permitted in the bar area at night.. 3. That from Monday through Thursday, the requirement for valet parking is waived. except when a party or banquet is scheduled. 4. That Resubdivision No. 717 be recorded. 5. That a 10 -foot radius corner cutoff at the corner of Hazel Drive and East Coast Highway be dedicated to the public and that an encroachment permit be obtained from the Public Works Department for the .existing encroachments. 6. That all other applicable Conditions of Use Permit No. 1965 (Amended) and Resubdivision No. 717 be fulfilled. • I I I I I I 7. That the Planning Commission may add and /or modify Conditions of Approval to this use permit upon a determination that the operation which is the M August 18, 1983 r 315 m m ° 0. City of Newport Beach INDEX 2. That the deletion of the valet parking during the week nights .(Monday through Thursday, inclusive) will.not adversely impact surrounding properties. 3. That, the subject restaurant is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and as conditioned is compatible with surrounding land uses. 4. The approval of Use Permit No. 1965 (Amended) as conditioned, 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, floor plan, and elevations. 2. That dancing and live entertainment shall be permitted only in conjunction with private parties and banquets between the hours of 11:00 a.m. and 5:00 P.M. The use of a piano shall also be permitted in the bar area at night.. 3. That from Monday through Thursday, the requirement for valet parking is waived. except when a party or banquet is scheduled. 4. That Resubdivision No. 717 be recorded. 5. That a 10 -foot radius corner cutoff at the corner of Hazel Drive and East Coast Highway be dedicated to the public and that an encroachment permit be obtained from the Public Works Department for the .existing encroachments. 6. That all other applicable Conditions of Use Permit No. 1965 (Amended) and Resubdivision No. 717 be fulfilled. • I I I I I I 7. That the Planning Commission may add and /or modify Conditions of Approval to this use permit upon a determination that the operation which is the M � x � r � m m S : d ;K c m i n 5 m ro August 18, 1983 Dtv of Ni t Beach subject of this use permit causes injury, or is detrimental, to the health, safety or welfare of the community. B. That the building be fully accessible to the handicapped including the provision of the required number of handicapped parking spaces. 9. That noise from the facility shall be confined to the interior portions of the building and shall not exceed 55 dBA at the property lines. 10. That the Planning Commission shall review the issues of live entertainment and off - street parking in conjunction with this application six months from the date of this approval. I I I I I I The Planning Commission recessed at 9:50 p.m. and • reconvened at 10:00 p.m. Request to amend a previously approved use permit which permitted on -sale beer and wine and the expansion of the Stuft Noodle. Restaurant. The proposed amendment is to change the operational characteristics of the restaurant so as to allow a lunch time operation during the week whereas the existing use permit prohibits the restaurant from operating before 5:00 p.m. during the week. AND Request to waive the additional required off - street parking spaces in conjunction with the requested lunch operation for the Stuft Noodle Restaurant. LOCATION: A portion of Lot.D. Tract No. 919 located at 215 -217 Riverside Avenue, on the northwesterly corner of Riverside Avenue and Avon Street, across Avon Street from the Post Office ZONE: C -1 -H • APPLICANT: Stuft Noodle Restaurant, Newport Beach OWNER: Ms. Nelly Brandsma, Newport Beach. 19 MINUTES INDEX Item #10 USE PERMIT NO. 1677 (Amended) AND Item #11 VARIANCE N(1_ 1106 Continued to Sentem- Motion All Ayes • August 18, 1983 MINUTES of Newport Beach INDEX Staff suggested that these items be continued to the September 8, 1983 Planning Commission Meeting as per the request.of the applicant. Motion was made to continue Use Permit No. 1677 (Amended) and Variance No. 1106, which MOTION CARRIED. Request to establish a take -out ice -cream facility on Item #12 property located in Lido Marina Village in the C -1 -H District. The proposal also includes a request to waive a portion of the required off - street parking spaces. LOCATION: A portion of Lot No. 1, Tract No. 1235; located at 3431 Via Oporto, on the westerly side of Via Oporto, between Via Lido and Central Avenue, in Lido Marina Village ZONE: C -1 -H APPLICANT: Mcconnels.Enterprises, Laguna Beach OWNER: Traweek Corp. Marina del Rey USE PERMIT ' NO. 3049 Mr. David Moshure, Senior Commercial Property Manager APPROVED representing Lido Marina Village, appeared before the CONDI- Commission. Mr. Moshure stated that he has read the TIONALLY staff report and concurs with the Findings and Conditions of Approval. In response to a question posed by Chairman King, Mr. Laycock, Current Planning Administrator, stated that the parking issue was discussed with the Fire Chief, and the Traffic Affairs Committee has approved some parking spaces in the alley adjacent to an entrance of McConnels. Commissioner Goff suggested that Condition No. 6 either be elaborated on to some extent or deleted entirely. Mr. Doug Dryer, owner of 3416 Via Lido and also a partner in the German Home Bakery in Lido Marina Village, appeared before the Commission. Mr. Dryer stated that as a property owner, he is very much concerned with the parking situation. Mr. Dryer referred to The Warehouse Restaurant, Magic Island and 20 F r S .a ro m m a T o ro August 18, 1983 MINUTES of Newport Beach INDEX Staff suggested that these items be continued to the September 8, 1983 Planning Commission Meeting as per the request.of the applicant. Motion was made to continue Use Permit No. 1677 (Amended) and Variance No. 1106, which MOTION CARRIED. Request to establish a take -out ice -cream facility on Item #12 property located in Lido Marina Village in the C -1 -H District. The proposal also includes a request to waive a portion of the required off - street parking spaces. LOCATION: A portion of Lot No. 1, Tract No. 1235; located at 3431 Via Oporto, on the westerly side of Via Oporto, between Via Lido and Central Avenue, in Lido Marina Village ZONE: C -1 -H APPLICANT: Mcconnels.Enterprises, Laguna Beach OWNER: Traweek Corp. Marina del Rey USE PERMIT ' NO. 3049 Mr. David Moshure, Senior Commercial Property Manager APPROVED representing Lido Marina Village, appeared before the CONDI- Commission. Mr. Moshure stated that he has read the TIONALLY staff report and concurs with the Findings and Conditions of Approval. In response to a question posed by Chairman King, Mr. Laycock, Current Planning Administrator, stated that the parking issue was discussed with the Fire Chief, and the Traffic Affairs Committee has approved some parking spaces in the alley adjacent to an entrance of McConnels. Commissioner Goff suggested that Condition No. 6 either be elaborated on to some extent or deleted entirely. Mr. Doug Dryer, owner of 3416 Via Lido and also a partner in the German Home Bakery in Lido Marina Village, appeared before the Commission. Mr. Dryer stated that as a property owner, he is very much concerned with the parking situation. Mr. Dryer referred to The Warehouse Restaurant, Magic Island and 20 � x ' August 18, 1983 MINUTES f.om m K m. City of Newport Beach INDEX George's Camelot as examples of the parking problems FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Costal Program Land Use Plan, and is compatible 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 parking, circulation, walls, landscaping,. parking lot .illumination, and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structures have been in existence for many years. 4. That the proposed use does not represent an intensification of use that will result in an increased parking demand for the area. • I I I I I 5. The Police Department has indicated that they do not contemplate any problems. 21 that Lido Marina Village has had in the past. Mr. Dryer referred to the private alley that is called out as a restricted fire lane. The private alley has always been a problem because, being private property, it is not subject to City control and there is no ticketing. Mr. Dryer further stated that his concern is that of his property because if there is ever a severe fire, a fire engine would never be able to get in the alley. Motion X Motion was made for approval of Use Permit No. 3049, subject to the Findings and Conditions in Exhibit "A ". Amendment Commissioner Goff asked if the maker of the motion would accept an amendment to the motion, that the words, "or other approved items ", be deleted from Condition No. 6. Commissioner McLaughlin accepted the Accepted X amended motion. All Ayes X x X x K There being no other discussion, motion of approval was . now voted on, which MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Costal Program Land Use Plan, and is compatible 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 parking, circulation, walls, landscaping,. parking lot .illumination, and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structures have been in existence for many years. 4. That the proposed use does not represent an intensification of use that will result in an increased parking demand for the area. • I I I I I 5. The Police Department has indicated that they do not contemplate any problems. 21 MINUTES i x August 18, 1983 r 9 m � m w City of Newport Beach ]EDW detrimental to the health, safety, peace, morals, comfort and. general welfare of persons residing . and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plans. 2. That the development standards related to a portion of the required off - street parking spaces, circulation, walls, landscaping, parking lot illumination and utility requirements are waived. 3. That all exterior signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code. • 4. That a trash compactor shall be installed in conjunction with the proposed use. 5. That all mechanical equipment shall be screened from adjacent properties and from Via Oporto. 6. That no cooking, or any food preparation other than ice - cream, or related products, shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. , Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 7. That the premises and the sidewalk on Via Oporto shall be kept clear and regularly maintained. 8. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 9. That all trash, including compacted trash bags and recyclable containers, shall be stored within the building until they are to be picked up: • I I I 1 j I I I 10. That this approval shall be for a period of two years, and any extension shall be subject to approval by the Modifications Committee. 22 1 August 18, 1983 g 9 m m m 0 w. City of Newport Beach 11. That the Planning Commission may ad( conditions of approval to this use determination that the operation subject of this use permit, causes detrimental, to the health, safety the community. k k k and /or modify permit upon a which is the injury, or is or welfare of MINUTES INDEX Request to establish a restaurant facility with on -sale Item #13 beer and wine in the C -1 District. USE PERMIT NO. 3056 AND AND Request to waive all the required off - street parking Item #14 spaces in conjunction with a request to establish a new VARIANCE restaurant in the C -1 District. NO. 1105 LOCATION: Lot 3, Block 11, Section 4, Balboa Island Tract,, located at 204 Marine Avenue, on • the easterly side of Marine Avenue, between Park Avenue and Balboa Avenue, on Balboa Island. ZONE: C -1 APPLICANT: Frank's Market, Santa Ana OWNER: Myrtle M. Huycke Family Trust, Laguna Beach Staff suggested that these items be continued to. the Continued September 22, 1983 Planning Commission Meeting as per to Septem the request of.the applicant. ber 22, 1983 Motion X Motion was' made to continue Use Permit No. 3056 and A II Ail Ayes X X X X X Variance No. 1105, which MOTION CARRIED. k * k Request to permit the construction of a 10 unit Item #15 residential condominium development and related carport USE PERMIT parking spaces in the R -4 District and the acceptance of NO. 3057 an environmental document. AND AND • Request to subdivide five existing lots and portions of Item #16. vacated Cypress Street and vacated Bay Avenue into one TENTATIVE lot for residential condominium development. MAP OF TRACT NO. 12035 23 CUMM5SQ1RS MINUTES r August 18, 1983 r S S m m m 0 w City of Newport Beach ROLL CALL INDEX LOCATION: Lots 14 -18, Block 2, Balboa Bayside Tract, Continued X located at 406 East Bay Avenue, on the Motion was made to continue Use Permit No. 3057 and to Septem- northeasterly corner of East Bay Avenue X ber 8, 198 X and Cypress Street, on the Balboa • Peninsula ZONE: R -4 APPLICANT: Wale Development Corp., Irvine OWNER: James D. El1,is,'Balboa ENGINEER: Don Greek and Associates; Orange Staff suggested that these items be continued to the September 8, 1983 Planning Commission Meeting as per the request of the applicant. Motion X Motion was made to continue Use Permit No. 3057 and All Ayes X X X X X Tentative Map of Tract. No. 12035, which MOTION CARRIED. • • * rr Request to revise a previously approved Tentative Map 'Item #17 of Tract No. 10814 which permitted the creation of three lots for condominium purposes in conjunction with a 32 unit residential condominium development in the Big Canyon Planned Community. The proposed revision is to create 21 numbered lots for single family residential purposes; one numbered lot for private recreational purposes; and two lettered lots for private street purposes. LOCATION: A portion of Blocks 55, 56, and 93 of the TENTATIVE Irvine's subdivision, located on the MAP OF northerly side of San Joaquin Hills Road TRACT between Jamboree Road and MacArthur NO. 10814 Boulevard, in the Big Canyon Planned, Community ZONE: P -C APPLICANT: The Irvine Company, Newport Beach ..OWNER: Same as Applicant Continued to Septem- . Staff suggested that this, item be continued to the ber 8 1983 September 8, 1983 Planning. Commission Meeting as per the request of the applicant. 24 MINUTES August 18, 1983 r m W City of Newport Beach ROLL CALL INDEX Motion Motion was made to continue Tentative Map of Tract All Ayes X X X.X X No. 10814 (Revised), which MOTION CARRIED. Resquest to permit the construction of two price signs where the Code limits automobile service stations to one price sign. The proposal also includes a modification to the Zoning 'Code so as to allow each price sign to exceed the maximum allowable 8 square feet for each sign. LOCATION: Parcel No. 1 of .Parcel Map No. 82 -719 (Resubdivision No. 681), located at 2121 Bristol Street, on the southwesterly corner of Bristol Street and Irvine Avenue, adjacent to the Santa Ana Heights area. ZONE: C -1 -H • APPLICANT: Exxon Company, U.S.A., Long Beach OWNER: Same as Applicant Mr. Ralph Barahis, representing the Exxon Company, Long Beach, appeared before the Commission. Mr. Barahis stated that in reviewing the staff report, they do agree with staff's recommendations. It is felt by the Exxon Company that they need an additional sign to call up the fact that they do offer a cash discount for their products. In response to a question posed by Chairman King, Mr. Barahis stated that the cash sign would be identifying two products to comply with the State. regulation. The lower of the two signs would be in compliance with the State regulations which would list all four products.that Exxon plans to sell. In response to a question posed by Commissioner Goff, Mr. Laycock, Current Planning Administrator, stated that other gas stations that have more than one price sign have probably added them on their own without the knowledge of the City and no one has complained about them. Mr. Laycock further stated that the City . Ordinance is in conflict with State Regulations and the City should change the wording of the Sign Ordinance. 25 Item #18 EXCEPTION NO. 12 APPROVED MINUTES August 18, 1983 � x � r • � m m m m City of Newport Beach INDEX In response to a question posed by Commissioner Goff, Mr. Barahis stated that he doesn't believe that displaying the cash discount is a requirement of the State, but in. any case it would be a disadvantage to Exxon if their request were not approved because the other gas stations that are presently posting cash discounts signs will get all of the customers. Amendment X Commissioner Goff suggested an amendment to the motion, stating that, "In no event shall the signage ever exceed any future requirements that the City of Newport Beach will place within the Sign Ordinance for automobile service stations." The maker of the motion Accepted X accepted the amendment. All Ayes . 11 XI XI X IX IX IX I There being no . further discussion motion for approval was now voted on, which MOTION CARRIED. FINDINGS: 1. That the granting of an exception permit for the area and number of price signs. proposed is necessary to protect a substantial property right, will not be contrary to the purpose of Sign Ordinance and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or I I I ( I I detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. 26 Mr. Bill Myers, Exxon - Marketing Area, appeared before the Commission. Mr. Myers stated that when Exxon originally applied to rebuild this particular location, it was requested that the Exxon standard design be put up. Mr. Myers shared with the Commission pictures of the gas station as it appears today and how it is proposed to appear. Mr. Myers further stated that there are no Exxon signs between the poles, but that the only signs that exist in this location are signs at the end of the columns, one which reads, "Self", and the other which reads, "Full ". There is no sign on the building, except for an information sign which reads, "Air and Water", which is the extent of the business • that was agreed to initially. Motion X Motion was made for., approval of Exception Permit No. 12, subject to the Findings and Conditions in Exhibit "A ". Amendment X Commissioner Goff suggested an amendment to the motion, stating that, "In no event shall the signage ever exceed any future requirements that the City of Newport Beach will place within the Sign Ordinance for automobile service stations." The maker of the motion Accepted X accepted the amendment. All Ayes . 11 XI XI X IX IX IX I There being no . further discussion motion for approval was now voted on, which MOTION CARRIED. FINDINGS: 1. That the granting of an exception permit for the area and number of price signs. proposed is necessary to protect a substantial property right, will not be contrary to the purpose of Sign Ordinance and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or I I I ( I I detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. 26 August 18, 1983 M Beach MINUTES 2. That the proposed price signs are tastefully designed and are compatible with the building architecture and other signs on the property. 3. That the size of the proposed price signs are the minimum size allowed by the State's price sign standards for automobile service stations and that the granting of a modification to allow said signs to exceed 8 square feet is consistent with the intent of the.Sign Ordinance of the City of Newport Beach. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, and sign elevations. 2. That all previous applicable conditions of approval for Use Permit No. 3010 shall be fulfilled. 3. That this approval is to allow one 20 square. foot "Credit" price sign and one 22 square foot "Cash Only" price sign. All other signs on the subject property shall comply with the Sign Ordinance of the City of Newport Beach. . 4. In no event shall the signage ever exceed any future requirements that the City of Newport Beach will place within the Sign Ordinance for automobile service stations. Proposed revisions to the Administrative Guidelines for the implementation of the provisions of State Law relative to low and moderate income housing within the Coastal Zone. INITIATED BY: The City of Newport Beach Proposed revisions to Council Policy P -1 were reviewed by the Planning Commission, and its recommendations will be discussed by staff. at the City Council meeting of August 22, 1983. 27 Ttem *19 PROPOSED REVISIONS TO COUNCIL POLICY P -1 � r v � m em �a7cmm August 18, 1983 M Beach MINUTES 2. That the proposed price signs are tastefully designed and are compatible with the building architecture and other signs on the property. 3. That the size of the proposed price signs are the minimum size allowed by the State's price sign standards for automobile service stations and that the granting of a modification to allow said signs to exceed 8 square feet is consistent with the intent of the.Sign Ordinance of the City of Newport Beach. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, and sign elevations. 2. That all previous applicable conditions of approval for Use Permit No. 3010 shall be fulfilled. 3. That this approval is to allow one 20 square. foot "Credit" price sign and one 22 square foot "Cash Only" price sign. All other signs on the subject property shall comply with the Sign Ordinance of the City of Newport Beach. . 4. In no event shall the signage ever exceed any future requirements that the City of Newport Beach will place within the Sign Ordinance for automobile service stations. Proposed revisions to the Administrative Guidelines for the implementation of the provisions of State Law relative to low and moderate income housing within the Coastal Zone. INITIATED BY: The City of Newport Beach Proposed revisions to Council Policy P -1 were reviewed by the Planning Commission, and its recommendations will be discussed by staff. at the City Council meeting of August 22, 1983. 27 Ttem *19 PROPOSED REVISIONS TO COUNCIL POLICY P -1 ' August 18, 1983 m w. City of Newport Beach ADDITIONAL BUSINESS Reports from Ad Hoc Committees: There was discussion on the Recreation and Open Space Element Review stating that there was a meeting between members of SPON and Planning Assist, in which Commissioner Goff attended. The meeting was primarily to review with SPON the :items that were reviewed with the Ad Hoc Committee earlier. There was discussion on the Solid Waste Program where the committee toured the Fountain Valley Plant at the last meeting and elected officers. The next meeting will be Tuesday, August 23, 1983 where the committee will tour the Huntington Beach Plant to familiarize themselves with the operation and how they handle sewage. • There was discussion on Mariners' Mile stating that they had two meetings. The committee toured the Mariners' Mile. area and climbed up and down the hills to see the problems pertaining to Avon Street. At the last meeting, the committee received all the information of all the reports since 1972 which includes the one -way couplet of Avon Street and Santa Ana Avenue. The next meeting is .scheduled for the third week in September. Motion X Motion was made to reconsider the Planning Commission All Ayes X X X X X X action of Use Permit No. 1778 (Amended), Hemingway's Restaurant, at the Planning Commission Meeting of September 22, 1983 - 6 Ayes, 1 Abstain a There being no further business, the Planning. Commission adjourned at 11:40 p.m. James Person, Secretary City of Newport Beach Planning Department m MINUTES INDEX ADDITIONAL ' Ei7STNESS