Loading...
HomeMy WebLinkAbout08/21/1986COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES '� A i. ¢ t, ym G� �-00. F9G9 4A Cy G9ytn 9i�9 t^ Fy y9 yf�yQf,;Z PLACE: City Council Chambers TIME: 7:30 p.m. DATE: August 21, 1986 CITY OF NEWPORT BEACH ROLL CALL INDEX Present, -- x x x x x x x All Commissioners were present. EX- OFFICIO MEMBERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney x x x W. William Ward, Senior Planner Dick Hoffstadt, Subdivision Engineer Dee Edwards, Secretary Minutes of July 24, 1986: Minutes of Commissioner Koppelman referred to the subject Planning 7 -24 -86 Commission Minutes, and commented that page 40, • Condition No. 9 was amended as follows:.. "or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. "; and page 44, Condition No. 1 was amended as follows:.. "as approved by the Traffic Engineer." Motion x Motion was made to approve the amended July 24, 1986, Ayes x x x x x x Planning Commission Minutes. Motion voted on, MOTION Abstain x CARRIED. ' Minutes of August 7, 1986: Minutes of Motion x Motion was made to approve the August 7, 1986, Planning 8 -7 -86 All Ayes Commission Minutes. Motion voted on, MOTION CARRIED. * x x Request for Continuances: Request for James Hewicker, Planning Director, stated that the Continuance: applicant, Stephen Gregory Cash, requested that Item No. 7, Use Permit No. 3222, to convert an existing automobile service station into an automobile repair facility at 2801 East Coast Highway, be continued to the Planning Commission meeting of September 4, 1986; and the applicant, Edwards Theatres Circuit, Inc., requested that Item No. 8, Use Permit No. 1527 -1- COMMISSIONERS MINUTES yGAi^�i^�G�Qo n August 21, 1986 d��A9 ti CITY OF NEWPORT BEACH ROLL CALL INDEX (Amended) and Traffic Study, to allow the construction of two additional auditoriums in Newport Center, be continued to the Planning Commission meeting of September 4, 1986. Motion x Motion was made to continue Item No. 7, Use Permit No. All Ayes 3222, and Item No. 8, Use Permit No. 1527 (Amended) and Traffic Study, to the September 4, 1986, Planning Commission meeting. Motion voted on, MOTION CARRIED. Traffic Study (Public Hearing) Item No.l Request to consider a traffic study so as to allow the Traffic expansion and conversion of an existing one -story Study office and industrial building to a two -story self storage facility, with related storage and office Approved areas. LOCATION: Lot 8, Tract No. 3201, located at 3800 • Campus Drive, on the easterly side of Campus Drive, between Bristol Street and Quail Street, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Don Jones, Newport Beach OWNERS: Robert P. Forbes and George S. Fruehling, Newport Beach James Hewicker, Planning Director, explained that the Traffic Study, if approved, would be effective for two years. He said that if the project is not exercised within that two year period, then the approval would become null and void, and the applicant would have to submit the application again. In response to a question posed by Chairman Turner, Mr. Hewicker replied that the Planning Commission could extend the subject application beyond the two years: however, the extension could only be limited to twelve months beyond the date of start of construction. The public hearing was opened in connection with this . item, and Mr. Mark Jones, 41 Hartford Drive, appeared before the Planning Commission. Mr. Jones stated that the applicant concurs with the findings and conditions -2- COMMISSIONERS MINUTES August 21, 1986 \\\M CITY OF NEWPORT BEACH CALL I I I I I I I I I INDEX in Exhibit "A ". He explained that the tenants currently leasing offices at the subject site will be vacating the property on January 31, 1989, and that the conversion of the subject facility will commence immediately after the tenants have left the premises. Mr. Jones asked that the application be extended beyond the two year period. Discussion followed regarding an extension of no more than twelve months beyond the allowable two year period from the date of approval if a Building Permit has not been issued prior to the two year expiration date. Mr. Jones stated that the conversion of the one -story office and industrial building to a two -story self storage facility would take no more than three or four months after the facility has been vacated. I I I I I ( I I Commissioner Person agreed that an extension of twelve months beyond the allowable two years is important because the proposed facility would be a decrease in • I I I I I I I( density. The public hearing was closed at this time. Motion x Motion was made to approve Traffic Study subject to the All Ayes Findings for approval, and to add Condition No. 1: "That the Traffic Study will expire on January 31, 1990." Motion voted on, MOTION CARRIED. FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the proj- ect- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major,' 'primary - modified,' or 'primary' street. 3. That the project reduces traffic on both a peak hour and daily basis. • CONDITIONS: 1. That the Traffic Study will expire on January 31, 1990. -3- COMMISSIONERS MINUTES pA ny August 21, 1986 G�y� �O 9i�9 Fy CITY OF NEWPORT BEACH 9 y �^,n ROLL CALL INDEX Resubdivision No. 833 (Continued Public Hearing) Item No.2 Request to resubdivide four existing lots into one R833 parcel for future commercial development and one parcel which contains existing legal, nonconforming residen- Approved tial uses in the SP -6 District. The proposal also includes an exception to the Subdivision Code inasmuch as Parcel No. 1 is less than 50 feet in width and less than 5,000 sq.ft. in area. LOCATION: Lots 25 -28, Block 23, Newport Beach, located at 115 -117 23rd Street, on the westerly side of 23rd Street, between West Balboa Boulevard and West Ocean Front, in the McFadden Square area. ZONE: SP -6 APPLICANT: Piero Serra, Corona del Mar • OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Craig Droz, architect, appeared before the Planning Commission on behalf of the applicant. Mr. Droz stated that the applicant concurs with the findings and.conditions in Exhibit "A ". The public hearing was closed at this time. Motion x Motion was made to approve Resubdivision No. 833, All Ayes subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That each of the new parcels to be created will be • larger than any of the existing parcels on the site. -4- COMMISSIONERS MINUTES August 21, 1986 �999�'4y CITY OF NEWPORT BEACH syF,� ROLL CALL INDEX '4. That the proposed parcels are larger than all but one of the other parcels in the vicinity of the subject property. 5. That the granting of the requested exceptions will not be detrimental to the public welfare or injurious to other properties in the vicnity of the subject property. 6. That if the exception were denied, the petitioner would be deprived of a substantial property right enjoyed by others in the area. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivi- sion. CONDITIONS: 1. That a parcel map shall be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That all applicable conditions of approval of Modification No. 3179 as approved by the Modifica- tions Committee on July 8, 1986 shall be fulfilled. 4. That the existing portions of deteriorated curb and sidewalk be reconstructed along the 23rd Street frontage under an encroachment permit issued by the Public Works Department, and that all work shall be completed prior to recordation of the parcel map unless otherwise approved by the Public Works Department. 5. That all vehicular access to the property be from the adjacent alley. 6. That a covenant be recorded against Parcel No. 1 to provide three (3) covered parking spaces for the use of residents of Parcel No. 2 for the duration of the residential uses on Parcel No. 2, or until such time as it is determined by the Planning Director that Parcel No. 2 contains adequate parking to serve the residential uses on said parcel. -5- OMMISSIONERS ROLL CALL MINUTES August 21, 1986 CITY OF NEWPORT BEACH 7. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Use Permit No. 1681 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the expansion and alterations to the existing Balboa Yacht Club in the O -S (Open Space) District. The proposed amendment includes a request to expand an existing youth room on the ground floor and an existing deck on the second floor. LOCATION: A portion of Block 94 of Irvine's Subdivision and a portion of Lots A and B, Tract No. 6927, located 1801 Bayside Drive on the southwesterly side of Bayside Drive, southwesterly of El Paseo Drive. ZONE: O -S APPLICANT: Balboa Yacht Club, Corona del Mar OWNERS: Balboa Yacht Club, Corona del Mar and the County of Orange The public hearing was opened in connection with this item, and Mr. Herb Tobin, appeared before the Planning Commission on behalf of the applicant. Mr. Tobin stated that the applicant concurs with the findings and conditions in Exhibit "A ". Motion x The public hearing was closed at this time. Motion was All Ayes made to approve Use Permit No. 1681 (Amended) subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed expansion of the yacht club building is consistent with the Land Use Element of the General Plan and the Local Coastal • Program and is compatible with surrounding land uses. 2. That_the project will not have any significant en- vironmental impact. INDEX Item No.3 UP1681A Approved COMMISSIONERS MINUTES �GZ p�9ZGZZ� y August 21, 1986 GZZca �O ZiC Ac^ �Z Z 9 Z CC�G C; SQn �99y �, CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That the Police Department has indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 1681 (Amended) under the circumstances of this case, will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all mechanical equipment shall be screened from view, including views from single family homes on Bayadere Terrace above the site. 3. That the Planning Commission may add or modify conditions of approval to this use permit,or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 4. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. z x r A. Use Permit No. 3207 (Continued Public Hearing) Item No.4 Request to permit the construction of a 3- story, 2 -unit UP3207 residential condominium development and related garage spaces on property located in the R -4 District. The proposal also includes a modification to the Zoning Code so as to allow portions of the proposed structure • and balconies to encroach 16 feet into.the required 20 foot front yard setback area. AND -7- COMMISSIONERS MINUTES y� pp n August 21, 1986 9 c^y py'f �l C yy CITY OF NEWPORT BEACH ROLL CALL INDEX B. Resubdivision No. 829 (Continued Public Hearing) 8829 Request to create one parcel of land for residential Approved condominium development where one parcel now exists. LOCATION: Parcel 2 of Parcel Map 130 -20 (Resubdivision No. 590), located at 1819' -A and 1819' -B West Bay Avenue, on the southerly side of West Bay Avenue between 18th Street and 19th Street, on the Balboa Peninsula. ZONE: R -4 APPLICANT: John C. Marvick, Newport Beach OWNER: Ron Pruessing, Newport Beach ENGINEER: Same as applicant The public hearing was opened in connection with this item, and Mr. John C. Marvick, applicant, appeared before the Planning Commission. Mr. Marvick stated that he concurs with the findings and conditions in Exhibit "A ". Mr. Marvick stated that the second floor balcony setback has been modified to 7 feet 9 inches instead of 7 feet, and the setback to the first floor of the building will be 10 feet 3 inches instead of 10 feet. Mr. John Newcombe, 1821 West Bay Avenue, appeared before the Planning Commission. In response to a question posed by Mr. Newcombe regarding staff's recommendation. of added Condition No. 6 to Use Permit No. 3207 which states as follows: "That the front yard setbacks along West Bay Avenue shall be in conformance with the revised setback plan approved by the Planning Commission on August 21, 1986 ", Mr. Hewicker replied that Condition No. 6 is in reference to the modified setbacks as aforementioned by Mr. Marvick. In response to a question posed by Mr. Newcombe regarding if there had been a change in the elevation of the proposed structure, Mr. Hewicker replied that there has not been a change in the elevation from the original drawings that have been submitted by the . applicant. -8- COMMISSIONERS MINUTES August 21, 1986 L CITY OF NEWPORT BEACH ROLL CALL I I I I I I I I I INDEX Commissioner Person referred to Condition No. 1, Use Permit No. 3207, which states "that development shall be in substantial conformance with the approved plot plan, floor plans and elevations." The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3207 and All Ayes Resubdivision No. 829, subject to the findings and conditions in Exhibit "A ". Commissioner Koppelman asked the maker of the motion to amend the motion to include staff's recommended Condition No. 6 to Use Permit No. 3207. Commissioner Eichenhofer agreed to the amended motion. Motion voted on, MOTION CARRIED. USE PERMIT NO. 3207 FINDINGS: 1. That each of the proposed units has been designed • as a condominium with separate and individual utility connections. 2. The project complies with all applicable stan- dards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of ap- proval, except for the front yard encroachments. 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of ap- proval. 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 develop- ment. 6. The proposed front yard setback encroachments are comparable to existing setbacks of other proper - ties in the area and the approval of the front setback encroachments in question 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 proposed use or be detrimental or injurious to property and SZ COMMISSIONERS MINUTES August 21, 1986 CITY OF NEWPORT BEACH INDEX improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 7. The approval of Use Permit No. 3207 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations. . 2. That two garage spaces shall be provided for each dwelling unit. 3. That the proposed balcony railings which encroach into the required front yard setback shall be of open construction. 4. That all Conditions of Resubdivision No. 829 shall be fulfilled. 5. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 6. That the front yard setbacks along West Bay Avenue shall be in conformance with the revised setback plan approved by the Planning Commission on August 21, 1986. MSUBDIVISION NO. 829 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. -10- COMMISSIONERS MINUTES ymGyy 9N y9yf oA�Sy� August 21, 1986 a• ��'y �� CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision 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 standard subdivision agreement and accom- panying 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 indi- vidual 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 depression on West Bay Avenue be removed and replaced with curb and that 5 foot wide concrete sidewalk be constructed along the West Bay Avenue frontage; and that all work be completed under an encroachment permit issued by the Public Works Department. 6. That all vehicular access to the property be from Vilelle Place. 7. That County Sanitation District fees be paid prior to issuance of any Building Permits. 8. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. -11- COMMISSIONERS MINUTES °p August 21, 1986 GZ+n 9�(y�n�Z CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3219 (Public Hearing) Item No.5 Request to permit the establishment of a take -out UP3219 yogurt shop with incidental seating on property located in the Cannery Village /McFadden Square Specific Plan Approved area. The proposal also includes'a request to waive a portion of the required off - street parking spaces. LOCATION: Lots 2 - 20, Block 127, Lake Tract, and a vacated portion of Newport Boulevard, located at 2727 Newport Boulevard, comprising the entire block bounded by 28th Street, Newport Boulevard, 26th Street and West Balboa Boulevard, within the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Stevenson, Porto & Pierce, Inc., Irvine OWNER: C & L Investments, Newport Beach The public hearing was opened in connection with this item, and Mr. Mike Porto, applicant, appeared before the Planning Commission. Mr. Porto stated that he concurs with the findings and conditions in Exhibit "A". The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3219, subject All Ayes to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan the adopted Local Coastal Program, the Cannery Vill- age /McFadden Square Specific Plan Area, 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 walls and a portion of the requi- red parking spaces will be of no further detriment -12- COMMISSIONERS MINUTES ZGAF�F�G�ppc+ August 21, 1986 P�'�pyC�yCyZ CITY OF NEWPORT BEACH ROLL CALL INDEX to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. The approval of Use Permit No. 3219 will not under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plans. 2. That no cooking or preparation of food other.than related yogurt products and beverages 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. 3. That operation of the facility shall be restricted to the hours between 10:00 a.m. and 10:00 p.m. Sunday through Thursday and 10:00 a.m. to 11:00 p.m. Friday and Saturday. 4. That the development standards pertaining to walls and a portion of the required parking spaces shall be waived. 5. That all employees shall park on -site. 6. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. - 7. That all exterior lighting and signs shall conform to Chapters 20.06 and 20.72 of the Newport Beach Municipal Code. 8. That all mechanical equipment and trash areas • shall be screened from surrounding streets and adjoining properties. -13- COMMISSIONERS MINUTES August 21, 1986 CITY OF NEWPORT BEACH INDEX 9. That a trash compactor shall be installed in conjunction with the take -out yogurt shop. 10. That 4 seats and 2 tables shall be permitted in the facility. 11. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 12. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. The public hearing opened in connection with this item, and Mr. Jerry King, appeared before the Planning Commission on behalf of the applicant. Mr. King referred to Condition No. 2 regarding the landscaped planters, and he requested that the applicant be allowed group landscaped planters instead of the recommended four foot wide landscaped planters because the group landscaped planters would allow the applicant • to adequately park and display the automobiles, and there would be no obstructions to the property. -14- Use Permit No. 3221 (Public Hearing) Request to establish an automobile sales and leasing Item No.6 facility on property located in the C -1 -H District. UP 3221 LOCATION: Lots 61, 62 and 63, Tract No. 1210, Approved located at 1700 West Coast Highway, easterly of Mariner's Mile. ZONE:* C -1 -H APPLICANT: U. S. Auto Leasing, Inc., Del Mar OWNER: William Ray, Newport Beach - The public hearing opened in connection with this item, and Mr. Jerry King, appeared before the Planning Commission on behalf of the applicant. Mr. King referred to Condition No. 2 regarding the landscaped planters, and he requested that the applicant be allowed group landscaped planters instead of the recommended four foot wide landscaped planters because the group landscaped planters would allow the applicant • to adequately park and display the automobiles, and there would be no obstructions to the property. -14- COMMISSIONERS GS N 9C t^ t*9 9y� CITY OF NEWPORT BEACH MINUTES August 21, 1986 ROLL CALL INDEX Mr. King requested a clarification of Condition No. 17 stating "that the unused drive apron be removed and replaced with curb and sidewalk and the westerly drive apron be reconstructed to fit the proposed drive ". Mr. Dick Hoffstadt, Subdivision Engineer, replied that the driveway as shown on the submitted drawings does not align with the gate; that the driveway is located at the westerly property line and extends 35 feet to the east; and that the position of the proposed gate will start about 20 feet from the property line so the apron does not line up with the proposed driveway. Mr. Hoffstadt explained that the driveway as recommended by City Standard 166 -L requires the driveway to have a more flared approach for easier entry and exit onto West Coast Highway. In response to a question posed by Chairman Turner, Mr. King replied that the proposed container landscaping would be irrigated by the drip system or hand watering. In response to a question posed by Commissioner Winburn • regarding the washing of the automobiles on the premises, Mr. King replied that the applicant will comply with Condition No. 10, that the applicant has automobile leasing facilities in other cities, and that the automobiles will be maintained at the other locations. Commissioner Person pointed out that the Planning Commission is concerned with the oily water runoff into the storm drain system and into the bay. In response to a question posed by Commissioner Merrill, Mr. King replied that the night personnel will be on the site primarily for security purposes and office maintenance, and they will not do heavy service or maintenance work on the premises. Mr. Hewicker stated that staff has recommended as much landscaping on the premises as possible to soften the affect of the site. He said that staff would be willing to work with the applicant regarding the landscaping so long as the staff has the ability to review and approve any type of landscape plan. Mr. Hewicker commented that the proposed landscape improvements along the back of the property do nothing for the street landscaping which is the staff's main • concern. -15- COMMISSIONERS MINUTES August 21, 1986 G9 yin s0 9i 9 t^ �y y y y �� y0�;yy4n CITY OF NEWPORT BEACH ROLL CALL INDEX Chairman Turner referred to Condition No. 2 which states that "the final landscape plans shall be approved by the Public Works Department, Parks, Beaches and Recreation Department and the Planning Department ", and commented that staff will have the discretion to consider all of the landscaping plans. Mr. King replied that the applicant is requesting more flexibility in the landscaping plans. Mr. William Ray, 1221 West Coast Highway, owner, appeared before the Planning Commission. Mr. Ray explained that because of the proposed widening of West Coast Highway that the subject application will be a temporary use of the site. Mr. Ray referred to Condition No. 18 requesting "that the applicant dedicate prior to issuance of building permits, his leasehold interest in a 12 foot wide parcel adjacent to West Coast Highway for street and highway purposes ", and said that the condition is a futile issue because the applicant has only a temporary interest in the property and that there would be unnecessary paper work involved. He commented that the property owner would not dedicate the property without compensation under any circumstances. In reference to the four foot wide landscape planters, Mr. Ray commented that during the widening of the West Coast Highway the planters would be removed, and he said that the planters would increase the cost of the business. Chairman Turner cited that Condition No. 18 is requesting the applicant to dedicate his leasehold interest only. Mr. Ray agreed but stated his concern regarding the preparation of the documents. In response to a question posed by Commissioner Person, Mr. Ray replied that his leasehold interest is up to five years. Mr. Hoffstadt commented that the Public Works Department requires the leasehold interests for the future widening of West Coast Highway, and that the one page form, which is prepared by staff, states that the leaseholder will not protest or have any objections to the widening of West Coast Highway. . Chairman Turner commented on the inconsistencies of the dedication by stating that the property owners who want -16- COMMISSIONERS MINUTES August 21, 1986 M a \\\M CITY OF NEWPORT BEACH Oil ROLL CALL I I I I I I I I T INDEX to improve their property are asked by the City to dedicate, and there is not an opportunity to ask property owners who do not improve their property for a dedication. The public hearing was closed at this time. Motion x Commissioner Person made a motion to approve Use Permit No. 3221 subject to the findings and conditions in Exhibit "A ", amending Conditions No. 2 regarding landscaping, to be modified by staff, and to provide for the use of container planters. He said that because he agrees with Chairman Turner's previous statement regarding Condition No. 18, to delete Condition No. 18 because there is a five year leasehold interest, that any widening on West Coast Highway would have little leasehold value in the five years, and would not be worth the exercise. In response to Mr. Hewicker regarding the deletion of . Condition No. 18 and a time limit for the life of the use permit, Commissioner Person agreed to amend the motion and add Condition No. 22 stating "that the use permit come back to the Planning Commission at the end of five years." In response to Commissioner Winburn's request for a clarification of Condition No. 2, Mr. Hewicker responded that the condition would be revised to eliminate the reference to four foot wide landscape planters and to make reference to container planting with the final plan to be approved by staff. In response to Commissioner Eichenhofer's comment regarding Condition No. 19, and eliminating reference to the four foot wide planters, Commissioner Person modified Condition No. 19. Commissioner .Koppelman stated that she could not support the deletion of Condition No. 18 because the widening of West Coast Highway is not a certainty, however, in the event that West Coast Highway is widened,' then Condition No. 18 would be necessary from Substitute a leasehold interest. Substitute motion was made to Motion approve Use Permit No. 3221, subject to the findings and conditions in Exhibit "A ", including modified Conditions No. 2 and No. 19. Discussion followed between Commissioner Person, Commissioner Kurlander and Mr. Hoffstadt regarding -17- COMMISSIONERS MINUTES LsJ A ¢�F ymffy ���F�GpfOAA�'y August 21, 1986 - G�y�9 �y9ff90 ;yy CITY OF NEWPORT BEACH ROLL CALL INDEX forthcoming projects concerning the widening of West Coast Highway, and Mr. Hoffstadt said that there is uncertainty when West Coast Highway will be widened. Commissioner Person stated that he could not support the substitute motion because there is not a project forthcoming from Cal Trans, and Condition No. 18 does absolutely nothing to the use but to add an additional burden on the applicant. Commissioner Koppelman rebutted that to bring back the applicant in five years would also be a burden on the applicant. She commented that she believes in preventative law and Condition No. 18 would be planning ahead. Commissioner Kurlander commented that the same Condition has been imposed on other use permits along West Coast Highway in the area of the subject site between the Arches and Dover Drive. He pointed out that the Condition is not unusual to an applicant, and that there is a standard form that would need to be completed by the applicant which would not be a big issue. He said that the Condition would put • the applicant on notice that there is a possibility of the widening of West Coast Highway. Commissioner Winburn stated that the Planning Commission has previously voted for a dedication of leasehold interests. Chairman Turner stated that he would not support the substitute motion. Substitute motion voted on to approve Use Permit No. 3221 subject to the findings and conditions in Exhibit Ayes x x x x x "A ^, including modified Conditions No. 2 and No. 19. Noes x x Substitute motion voted on, SUBSTITUTE 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. That the project will not have any significant environmental impact. 3. That the Police Department has indicated that they do not contemplate any problems. 4. That the approval of Use Permit No. 3221 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, -18- COMMISSIONERS 8999 ,pS 9�F9 °y C`�o�n yyy °.n CITY OF NEWPORT BEACH MINUTES August 21, 1986 ROL CALL INDEX comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. Conditions 1. That the proposed development shall be in substan- tial conformance with the approved plot plan, and floor plan. 2. That the site shall be landscaped in accordance with a plan to be approved by the Public Works Department, Parks, Beaches and Recreation Department, and the Planning Department. Said plan shall include espaliered shrubs and vines along both sides of the property, additional trees and shrubs across the rear of the site and container plants distributed across the street frontage. 3. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 4. That all mechanical equipment and trash areas shall be screened from adjoining properties and from West Coast Highway. S. That the illumination of any open automobile display area shall be maintained in such a manner as to eliminate direct light and glare on adjoin- ing properties and on West Coast Highway. A timing device shall turn off any lights facing towards the bluff at the rear of the site at 10:00 p.m. every night. 6. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 7. That the applicant shall provide for weekly vacuum sweeping of all paved areas and drives. 8. That the subject lots be held in common during the • life of the applicant's lease and that severance of the lots shall constitute termination of this Use Permit. -19- COMMISSIONERS MINUTES p�9ZG�o° y August 21, 1986 G9Z� s� 9i� '�ln \qolo ' Z 9 Z < <�0 � �9CITY OF NE WPORT BEACH ROLL CALL INDEX 9. That the approval of this application is for automobile sales and leasing only. No servicing or major repairs of automobiles shall be permitted on -site, unless an amended use permit is approved by the Planning Commission. 10. No washing of automobiles shall be permitted on -site, unless the wash area is enclosed, and the drain is connected to the sewer system. 11. That a minimum of seven (7) parking spaces shall be provided on -site for the customers and employees of the proposed automobile sales and leasing facility and further that all employees shall park on -site. 12. That no automobiles for rent shall be stored or displayed in front of the existing office building. 13. This approval shall be for a period of two (2) • years and any extensions shall be subject to the approval of the Modifications Committee. 14. That all improvements be constructed as required by Ordinance and the Public Works Department. 15. That a standard use permit agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain a building permit prior to completion of the public improve- ments. 16. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 17. That the unused drive apron be removed and re- placed with curb and sidewalk and the westerly drive apron be reconstructed to fit the proposed drive per City Standard 166 -L along the West Coast Highway frontage under an encroachment permit issued by the Public works Department and the California Department of Transportation. • 18. That the applicant dedicate prior to issuance of building permits, his leasehold interest in a 12 foot wide parcel adjacent to West Coast Highway for street and highway purposes. -20- COMMISSIONERS MINUTES August 21, 1986 ff o iyso,� ��9y �� CITY OF NEWPORT BEACH ROLL CALL INDEX 19. That the proposed iron fencing and gates along the front of the property shall be designed and located in accordance with a plan to be approved by the Public Works Department. Particular attention shall be given to preserving visibility and providing sight distance at the driveways in conformance to the City's Sight Distance Standard 110 -L. All vehicles shall be displayed behind the fence. 20. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 21. This use permit shall expire unless exercised within twenty -four months from the date of ap- • proval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No. 3222.(Public Hearing) Item No.7 Request to convert an existing automobile service UP3222 station into an automobile repair facility in the C -1 District. Continued to LOCATION: Lot 1, Block F, Tract No. 323, located 9 -4 -86 at 2801 East Coast Highway, on the southeasterly corner of East Coast Highway and Goldenrod Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Stephen Gregory Cash, Encinitas OWNER: Same as applicant Motion Ages x Motion was made to continue this item to the September 4, 1986, Planning Commission meeting. Motion voted on, MOTION CARRIED. -21- COMMISSIONERS MINUTES 0 ypGy my t^yGy Qo $y August 21, 1986 Gyy� a'o y�f i^ Fy CITY OF NEWPORT BEACH ROLL CALL INDEX A. Use Permit No. 1527 (Amended) (Continued Public Item No.8 Hearing) UP1527A Request to amend a previously approved use permit which permitted an expansion of the existing Edwards Theatre TS complex in Newport Center located on property in the C -0 -H District. The proposed amendment includes a Continued request to further expand the theatre so as to add two to new auditoriums containing a total of 600 new seats. 9 -4 -86 The proposal also includes: a modification to the Zoning Code so as to permit the use of compact parking spaces for a portion of the required off - street parking spaces; the approval of an amended off -site parking agreement; and the acceptance of an environmental document. AND B. Traffic Study (Continued Public Hearing) Request to approve a revised traffic study so as to allow the construction of two additional auditoriums at the Edwards Theatre complex in Newport Center contain- ing 600 new seats. LOCATION: Parcel A of Parcel Map 25 -1 (Resubdivision No. 260), and Parcel No. 1 of Parcel Map 60 -36 (Resubdivision No. 454) (building. site) ; and Parcel A of Parcel Map 25 -1 (Resubdivision No. 260) and Parcel No. 2 of Parcel Map 60 -36 (Resubdivision No. 454) (off -site parking lots), located at 300 Newport Center Drive, on the southeasterly corner of Newport Center Drive East and San Miguel Drive, in Newport Center. ZONE: C -O -H APPLICANT: Edwards Theatres Circuit, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach Motion x Motion was .made to continue this item to the September A1� Ayes 4, 1986, Planning Commission meeting. Motion voted on, • MOTION CARRIED. -22- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES August 21, 1986 _ROLL CALL INDEX Use Permit No. 3205 (Continued Public Hearing) - Request to establish a restaurant with-on-sale beer and wine on the Fun Zone property in the C -1 District, and to waive a portion of the required off - street parking spaces. LOCATION: Parcel 1 of Parcel Map 82 -706 (Resub- division No. 724), located at 600 Edgewater Place, bounded by East Bay Avenue, Washington Street, Palm Street, - and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANT: Milan 's Pizza Restaurant Balboa, Inc., Newport Beach OWNER: Balboa Fun Zone, Ltd., Newport Beach • Carol Korade, Assistant City Attorney, referred to Use Permit No. 3120, approved by the Planning Commission on December 6, 1984, pertaining to the Fun Zone establishment, and she commented that the use permit states that there shall be no sit -down restaurants on the premises. Ms. Korade explained that if a sit -down restaurant would be approved for the Fun Zone site, then the Planning Commission would have to call up and amend Use Permit No. 3120. Discussion followed between the Planning Commission and Ms. Korade regarding the inconsistencies of the subject Use Permit and the existing Use Permit No. 3120. James Hewicker, Planning Director, referred to Condition No. 58 of Use Permit No. 3120, approved by the Planning Commission on December 6, 1984, which states: 58. That an amendment to the Use Permit shall be required prior to, (a) the sale of alcoholic beverages on site, (b) any conversion of a take -out restaurant to a conventional restaurant as defined in the Zoning Code, (c) the establishment of any conventional • restaurant as defined in the Zoning Code, (d) provision of live entertainment or dancing, -23- Item No.9 UP3205 Continued to 9 -4 -86 COMMISSIONERS MINUTES August 21, 1986 CITY OF NEWPORT BEACH INDEX (e) or any change in the method or manner of any business that could adversely affect the health, safety and welfare of persons who work or reside in the area. Mr. Hewicker explained that staff attempted to separate and segregate the application from other tenants by issuing a new use permit number; however, staff did not include in the advertising an amendment to Use Permit No. 3120 for the intent of the Planning Commission to grant the sale of the beer and wine, and the possi- bility of converting the restaurant to a sit -down facility. The Planning Commission and staff discussed and agreed to take testimony and to take action on the amendment to Use Permit No. 3120 and the subject use -permit on the same date. I I I I I I I I Mr. Jack Burthe, owner, appeared before the Planning • Commission. Mr. Burthe stated that the results of a survey that the applicant took regarding Milano's restaurant indicates that the majority of the customers come to Milano's restaurant as a distination sit -down dinner house. Mr. Burthe opined that Milano's restaurant is perceived as a sit -down restaurant; however, he said that at Wendy's, which is considered a take -out restaurant, most of the customers also eat on the premises. Mr. Burthe stated that when the applicant leased the site that he was not aware of the statutes regarding a take -out restaurant, and that the developer had indicated to the applicant that Milano's restaurant would be similar to a modified Carl's Jr. In response to a question posed by Chairman Turner, Mr. Burthe replied that he was not aware of the findings and conditions of Use Permit No. 3120 until the June 5, 1986, Planning Commission meeting. Mr. Burthe rebutted that the Fun Zone was developed as a destination point, and that it does not make intellectual sense whether or not customers sit down at a restaurant, or if the food is consumed on the premises. He commented that the customers at Milano's restaurant have requested beer and wine with their pizza. -24- COMMISSIONERS MINUTES A f q August 21, 1956 0 1\1\110\010P\1�00a A � CITY OF NEWPORT BEACH ROLL CALL INDEX Chairman Turner explained that the Planning Commission stretched to allow the Fun Zone project to go forward by approving the underground parking based on the number of anticipated employees. In response to a question posed by Chairman Turner regarding an additional 11 parking spaces, Mr. Burthe replied that 11 parking spaces may be available but they could be very expensive. Commissioner Winburn explained that the developers attempted to locate additional parking other than in -lieu parking in the Municipal Parking Lot before Use Permit No. 3120 was approved by the Planning Commission, and that the developers agreed to the underground parking as a trade -off for only .take -out restaurants. Mr. Burthe commented that there is a peridox: that a sit -down restaurant is considered a destination point that adds to the parking load; however, the Fun Zone attractions do not strain the parking requirements, and because of the language in the use permit, it is satisfactory to have attractions that are successful and draw people to the Fun Zone. He concluded his rebuttal by stating that the concern by everyone is that Milano's restaurant will add to the congested area and cause additional parking problems, whereas the Fun Zone attractions would not. Chairman Turner replied that a customer will not go down to the Fun Zone just to take a ride on one of the attractions, but will take advantage of everything that the area has to offer, as opposed to going out to dinner. He said that the Planning Commission is attempting to isolate the sit -down restaurant use which requires parking. Mr. Burthe suggested that the Planning Commission waive the parking for the entire project. Chairman Turner pointed out that the subject use permit will have to be renoticed and that Use Permit No. 3120 will have to be amended, which will also require the cooperation of the landowner. Discussion followed between the Planning Commission and staff regarding the necessity of the approval of the landowner and to call up Use Permit No. 3120 in accordance with Condition No. • 57. -25- COMMISSIONERS MINUTES \,Vol' August 21, 1986 y CITY OF NEWPORT BEACH ROLL CALL INDEX Ms. Korade referred to Condition No. 57, Use Permit No. 3120, which states that "the Planning Commission may add /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace morals, comfort, or general welfare of the community ", and she said that the Planning Commission would need to determine that the take -out restaurant would be detrimental to the health, safety, peace, morals, comfort, or general welfare of the community to call up Use Permit No. 3120. Mr. Bruce Wank, owner, appeared before the Planning Commission to state that he would agree to bring back Use Permit No. 3120 for a public hearing, and that he would recommend that Milano's restaurant be considered a sit -down restaurant. Mr. Wank commented that the owners of the Fun Zone agreed to the findings and conditions of Use Permit No. 3120 as set forth by the Planning Commission on December 6, 1984, in order to facilitate the Fun Zone project, and concluded that additional parking was not economically feasible. Commissioner Eichenhofer stated that the Planning Commission took the economic feasibility of the building of the Fun Zone into a great deal of consideration, and one of the items that the Planning Commission looked at very carefully was what was going to be built on the site, and how the site was going to be used to make the Fun Zone economically feasible without building a multi -level parking structure. Mr. Wank commented that the property owners understood the findings and conditions of the project. He said that they wanted to make the project economically feasible, not to necessarily make a profit, but to keep the project going so that the property owners can make a profit on the equity in future years. He further commented that the underground parking facility was expensive, which required a higher rent from the tenants. Commissioner Person stated that he likes the Fun Zone project and Milano's restaurant, and that he would like to find away for the Planning Commission to accomplish -26- COMMISSIONERS MINUTES August 21, 1986 CITY OF NEWPORT BEACH the matter successfully; however, he said that the Planning Commission must enforce the Zoning Code. Commissioner Person recommended that Use Permit No. 3120 be brought back to the Planning Commission in order to resolve the issue. Mr. Wank read from a document that the Planning Commission 'was aware that the site where Milano's restaurant is, currently situated was originally designed with a seating arrangement. Commissioner Koppelman commented that testimony during the June 4, 1986, Planning Commission meeting pointed out that the original seating plan was modified after the design was approved by staff. • -27- INDEX Mr. Hewicker stated that seating does not constitute a take -out or a sit -down restaurant, but a combination of factors: 'seating, the way the restaurant is operated, the number of employees, the waiters and waitresses, the labor intensity, the destination, and orientation of the use. He said that when the Planning Commission and staff participated in the review of the Fun Zone project over a five year period, when there were numerous projects coming before the City for the redevelopment of the Fun Zone, that everyone was concerned with the deterioration of the area. Mr. Hewicker further commented that in an effort to try and permit a development which would see the area turn around, the City recognized that the developer could never provide all of the parking that would be required in the area, and that a substantial part of the parking requirement would be waived in return for getting the area cleaned up. He said that everyone concerned is very pleased with the way the project has been operating considering this is the first year, that instead of having an undesirable crowd, there is now a different kind of crowd that is in the area: families, young adults, and a cross section of people to the point where the area has become so popular that parking and traffic have come to a standstill. Mr. Hewicker commented that there is now a tenant in the development that appears to be not only a destination within a destination, but also one that appears to have many employees who take up more parking than anyone had anticipated. • -27- INDEX COMMISSIONERS MINUTES August 21, 1986 CITY OF NEWPORT BEACH Mr. Wank commented that Milano's restaurant is important to the Fun Zone area. Mr. Hewicker stated that if in December, 1984, when Use Permit No. 3120 was approved by the Planning Commission, and the applicant had shown a sit -down dinner house with the application, that the use permit would not have been approved as approved, and that is why the aforementioned Condition No. 58, of Use Permit No. 3120 was included, so if there was an issue that deviated from the norm, that there would be an opportunity to bring back the use permit and review what the parking demand would be, and at that time either require more parking, waive parking, or come to some other conclusion. Mr. Wank asked that Milano's restaurant parking be waived. I I I I I I Mr. Burthe reappeared before the Planning Commission, and replied that the Milano's restaurant staff is larger then the applicant anticipated, that the . restaurant labor costs are high and the applicant is attempting to keep the costs down; and that an effort will be made to locate an additional 11 parking spaces for the employees. Following discussion between Mr. Burthe and Chairman Turner regarding the beer and wine request, and in accordance with Use Permit No. 3120, Condition No. 58, Chairman Turner stated "that an amendment to the use permit shall be required prior to the sale of alcoholic beverages on site." Mr. Burthe and the Planning Commission agreed to continue the subject use permit and bring back Use Permit No. 3120 to the Planning Commission meeting of September 4, 1986. Commissioner Eichenhofer questioned how and why Milano's restaurant originally designed a 53 seat arrangement and two weeks after opening, the restaurant was modified to a 79 seat, sit -down, full service restaurant, and the applicant did not know that there was a conflict in the design. sme INDEX COMMISSIONERS yG t^t^G qp \�kca \,\ \Irr t"9 CITY OF NEWPORT BEACH MINUTES August 21, 1986 ROLL CALL INDEX Mr. Burthe rebutted that he did not know how much space the restaurant would have at the time the initial restaurant design was laid out, and the seating arrangement around the window did not work so the stools had to be replaced with tables. He said that there was nothing in the lease that said there could be a problem regarding the number of seats, and not knowing there could be a problem, the applicant proceeded to change the seating arrangement. He added that the applicant was not aware there could be a conflict regarding a take -out restaurant designation, because they were not informed of the conditions of Use Permit No. 3120. Motion x Motion was made to continue Use Permit No. 3205 to the All Ayes September 4, 1986, Planning Commission meeting. Motion voted on, MOTION CARRIED. * x x • A D D I T I O N A L B U S I N E S S: Additional Business Chairman Turner requested authorization from the Planning Commission to work with staff on possible changes to the Rules of Procedure involving the starting time of the Planning Commission meeting and Rules of the conditions under which the meeting would be Procedure Motion x adjourned and items continued. Motion was made, voted All Ayes on, and MOTION CARRIED. - A D J O U R N M E N T: 9:35 p.m. Adjournment x x PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -29-