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HomeMy WebLinkAbout09/20/1984REGULAR PLANNING COMMISSION MEETING COMMISSIONERS Date: September 20, 1984 Time: 7:30 p.m. JPlace: City Council Chambers C C � 3 a City of Newport Beach x 1x 1 4 x1 1x1x1 All Present 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 Dee Edwards, Secretary Minutes of August 9, 1984 Motion Motion was made for approval of the Planning Commission All Ayes IxI x 1x1x1 minutes of August 9, 1984 as written, which MOTION CARRIED. Minutes of August 23, 1984 Motion was made fora approval of the Planning Commission Mo on pp A] yes Ix x 1x1x1 minutes of August 23, 1984, with the correction that on Page 9, Paragraph 4, that the word "reference" be revised to read "deference ", which MOTION CARRIED. x Requests for Continuances The Planning Department Staff and The Irvine Company have agreed that Agenda item No. 2 - Development Agreement No. 2, and Item No. 3 - Resubdivision No. 786 be continued to the Planning Commission meeting of October 4, 1984. Motion x Motion was made to continue Development Agreement No. 2 Ayes x x K is x and Resubdivision No. 786 to the Planning Commission Abstain x meeting of October 4, 1984, which MOTION CARRIED. • r 't Use Permit No. 3107 (Continued Public Hearing) Request to increase the allowable occupancy of the existing Baxter's Restaurant facility with on -sale alcoholic beverages and dancing, and to establish a new parking requirement based upon "net public area ". The proposal also includes the approval of a comprehensive parking plan with additional parking spaces, involving the adjoining parking areas for the Reuben E. Lee and Reuben's Restaurants and the adjoining marina opera- tion. A modification to the Zoning Code is also MINUTES INDEX Item No. 1 ' Use Permit No. 3107 September 20, 1984 MINUTES m � J c • 0 m m City of Newport Beach INDEX requested so as to allow a portion of the restriped and expanded parking area to include compact parking spaces. LOCATION: Lot B of Parcel Map No. 16 -10 (Resubdivision No. 249) (i.e. restaurant site), located at 333 Bayside Drive, on the southwesterly corner of Bayside Drive and East Coast Highway, across from the De Anza Mobile Home Park. ZONE: C -1 -H - APPLICANT: Far West Services, Inc., Irvine OWNER: The Irvine Company, Newport Beach Planning Director James Hewicker responded to Planning Commissioner Goff's inquiry by stating that the Rueben E. Lee and Reuben Restaurants' signs and landscaping are existing under the original ordinances which were issued at the time the restaurants were developed. Mr. William Laycock, Current Planning Administrator, added that the Modifications Committee had recently approved • a pole sign for the two restaurants that exceeded the permitted height limit of 25 feet, to a height of 35 feet. Mr. Laycock indicated that the approved height was necessary because of the change of grade resulting from the construction of the adjoining Coast Highway Bridge. Responding to Commissioner Eichenhofer's inquiry regarding the landscape installation's time frame, Mr. Hewicker replied that staff had recommended that the reciprocal parking agreement between The Irvine Company and Baxter's Restaurant be recorded within 90 days from the effective date of Use Permit No. 3107, and it is possible that the landscaping and parking installations could be installed within the same 90 day period. The public hearing opened in connection with this item, and Mr. John Loomis, 30th Street Architects, 2821 Newport Boulevard, Newport Beach, represented the applicant before the Commission. Mr. Loomis advised the Planning Commission that Baxter's Restaurant concurs with the findings and conditions contained in the Planning Department's staff report. In response to Commissioner Goff's inquiry, Mr. Loomis explained.that Plan "A" has 10 more parking spaces and less landscaping than Plan "B ". Mr. Loomis commented to • I I I l I Commissioner Turner that it was possible to combine the original parking plan submitted to the Commission on 2 COMMISSIONERS m • W ° m September 20, 1984 MINUTES City of Newport Beach ROLL CALL INDEX August 23, 1984, with Plan "A"s 419 spaces, and the additional landscaping of Plan "B ". Planning Chairman Winburn closed the public hearing at Motion C this time. Commissioner Person made a motion to approve Use Permit No. 3107, subject to the findings and conditions in Exhibit "A" with a condition that the parking lot design as originally presented on August 23, 1984, be utilized, and that not less than 8% of the site be landscaped with an added condition that the landscaping improvements be completed within 6 months from the effective date of the City's approval of this application. Substitute Commissioner Goff made a substitution motion for Motion x approval of Use Permit No. 3107 with the findings and conditions in Exhibit "A ", including the plot plan designated as Plan "A ". Commissioner Turner stated that he could not support the substitute motion because he agreed with the original plan's disbursement of compact spaces. Commissioner Goff replied that his main . objection to the original plan was that the majority of the compact parking spaces were a great distance from the buildings on the property and he would like to see these compact spaces disbursed more evenly throughout the parking area. Ayes x I The substitution motion for approval of Plan "A" was Noes x x voted on and MOTION FAILED. _ All Ayes x x x x Commissioner Person's original motion was voted on and MOTION CARRIED. 3VISWVT*T r 1. That the existing development is consistent with the General Plan; the Land Use Plan of the local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. That adequate off - street parking is. being provided for the increased, occupancy of. the subject restaurant. . I I I I I I I I 3 The Police Department has indicated that they do not contemplate any problems. 3 COMMISSIONERS September 20, 1984 MINUTES M m ° m City of Newport Beach ROLL CALL INDEX 4 4. The proposed number of compact car spaces constitutes less. than 25 percent of the parking requirement whih is within limits generally accepted by the Planning Commission relative to previous similar applications. 5. That the approval of Use Permit No. 3107 and the use of compact car spaces will not, under the circumstances of this particular case,. be detrimental $o 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 and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. CONDITIONS. • 1. That all development shall be in substantial conformance with the approved plot plan and floor plan except as. noted below. 2. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further reviewlby the Traffic Engineer.. 3. That the provisions and conditions of approval for Variance No. 941 are no longer in effect. 4. That a minimum of one parking space for each 42 sq.ft. of "netipublic area" shall be provided for the Baxter's Restaurant. 5. That a reciprocal parking agreement shall be provided for; the ' combined use of parking involving all 'of the parking areas shown on the approved site; plan. Said agreement shall be subject to the review and approval of the City Attorney, and ;shall be fully signed and recorded within 90 day's from the effective date of the City's approval of Use Permit No. 3107. 6. That the number of compact parking spaces in the combined parking area shall not exceed 24 percent • (98 spaces) :of the total combined .parking requirement. 4 COMMISSIONERS September 20, 1984 MINUTES m n x f � ` m i > > m ° m City of Newport Beach ROLL CALL T= I I INDEX 7. That the hours of the restaurant operation shall be from 7:00 a.m. to 12:00 midnight, Sundays through Thursdays, and 7:00 a.m. to 2:00 a.m. Fridays and Saturdays, unless the City adopts other regulations in which case said hours of operation shall apply. 8. That the playing of prerecorded music shall be permitted only within the building, and all windows and doors within the restaurant shall be closed during such activity. 9. That all trash areas shall be shielded or screened from public streets and adjoining properties. 10. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. V I I I 11. The landscape plan shall include a maintenance • Ij program which controls the use of fertilizers and pesticides. 12. That any proposed landscaping adjacent to the public right -of -way be approved by the Public Works Department. 13. That the Planning Commission may add and /or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use.permit causes injury, or is detrimental to the health, safety, .peace, morals, comfort or general welfare of the community. 14. That the parking lot design be in substantial conformance with the plans originally submitted to the Planning Commission on August 23, 1984, with not less than 8% of the site devoted to landscaping. 15. That the landscaping improvements shall be completed within 6 months, from the effective date of the City's approval of this application. • lllillll * ** 5 U L Motion Ayes. .. Abstain • MMISSIONERS m n x m V � y City of September 20, 1984 Beach Development Agreement No. 2 (Continued Public Hearing) Request to consider a Development Agreement between the City of Newport Beach and the Irvine Company so as to allow the construction of 888 residential dwelling units and 50,000 square feet of commercial development in the North Ford Planned Community and 295,000 square feet of office development in the Koll Center Newport. Planned Community. LOCATION: Property generally located northerly of Camelback Street and Bison Avenue, between Jamboree Road and MacArthur Boulevard, in the North Ford Planned Community; and property located on the easterly side of MacArthur Boulevard between Campus Drive and Birch Street in "Office Site C" of the Koll Center Newport Planned Community. ZONE: P -C APPLICANT: The Irvine Company OWNER: Same as applicant xlxlMotion was made to continue this item to the Planning Commission meeting of October 4,1984, which MOTION CARRIED. Resubdivision No. 786 (Continued Public Hearing) MINUTES INDEX Item No.2 , Develop- ment Agreement No. 2 Cont'd to Oct. 4, 1984 No. 3 1 Request to resubdivide two existing parcels of land Resubdivi- into two parcels for general office purposes, one sion No. parcel for office development and related parking, and 786 one parcel for common ancillary surface parking and structure parking. LOCATION: Parcels No. 1 and 2 of Parcel Map Cont'd to 120 -44 -45 ( Resubdivision No. 635), located Oct. 4, at 4655 Birch Street, on the .northeasterly 1984 corner of Birch Street and MacArthur Boulevard, in the Koll Center Newport Planned Community. ZONE: P -C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER: Williamson and Schmid, Civil Engineers, Irvine 2 COMMISSIONERS September 20, 1984 MINUTES m o � f 9 • > > m . ° m City of Newport Beach ROLL CALL"77= INDEX Motion Ayes Abstain 1XI I I xi LIX • • Motion was made to Commission meeting CARRIED. continue this item to the Planning of October 4, 1984, which MOTION Use Permit No. 3113 (Continued Public Hearing) Request to permit the establishment of a restaurant with on -sale alcoholic beverages on property located in the C -1 -H District. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem and compact parking spaces in conjunction with a valet parking service. LOCATION: Parcel No. 1, Parcel Map 71 -18 (Resubdivision No. 478), located at 1000 West Coast Highway, on the northerly side of West Coast Highway, across from the Bayshores Residential Community. ZONE: C -1 -H APPLICANT: Jack Chen, Los Angeles OWNER: Dr. Edward Deeb, Toluca Lake Planning Director Hewicker advised the Planning Commission that excerpts of the existing beauty salon's lease of the premises indicate that the employees of the beauty salon are prohibited from parking on the easterly side of the building; however the beauty salon's customers may park on either the easterly or westerly side of the building. Mr. Hewicker added that valet parking is provided for the salon's customers on the westerly side of the building. Upon investigating this parking situation further, staff discovered that there are approximately 40 employees working at the beauty salon and possibly 18 -20 customers could be in the salon at any one time. Therefore, according to the City's parking requirements, a problem has developed wherein the majority of the parking for the building is being utilized by the beauty salon. Current Planning Administrator William Laycock., advised the Commission that staff has recommended that if the application is approved, that Condition no. 8 be revised to read: "That the 11 parking spaces which straddle the westerly property, line plus 5 additional on -site parking spaces shall be available to the Marrakesh Restaurant facility at 1100 West Coast Highway, after 5:00 p.m. daily, as long as the off -site parking agreements are in effect ".. 7 Item No.4 ' COMMISSIONERS September 20, 1984 T n x m v � • m CL 0 m City of Newport Beach Planning Director Hewicker stated that unless there is testimony to the contrary, staff would rescind recommending the approval of this application because of the potential parking congestion on the property. The public hearing opened in conjunction with this item and Mr. Bill Darnell, 4262 Campus Dr., Newport Beach, represented the applicant, Mr. Chen, and the property owner, Dr. Deeb. Mr. Darnell advised the Commission that the applicant will not utilize the entire building, and that the applicant will reduce the size of the restaurant during the day and increase the size of the restaurant at night in order to meet the City's parking codes. The applicant agrees with the findings and conditions of Exhibit "A" in the staff report and approves of the changes made in Condition No. 8. Mr.'* Darnell asked for a clarification of Condition No. 12 wherein staff has recommended that valet parking be provided at all times when the restaurant and /or the retail and office uses are open for business. Mr. Laycock suggested that Condition No. 12 should be • I I I I I I I revised to read: "That valet parking service shall be provided at all times when the restaurant use is open for business ". Mr. Hewicker explained to the Commission that 33 spaces would be required for the existing uses on -site, including 10 spaces for the beauty salon. As agreed upon in the lease, the beauty salon's customers may utilize the easterly and westerly sides of the building, prohibiting any control of the remaining 23 on -site parking spaces. Commissioner Person stated that it would be unfair to require that the restaurant provide valet service when the restaurant is not open for business. Mr. Hewicker replied that accessible parking spaces must be available for all of the building's tenants. Ms. Edna Deeb, representing the owner, Dr.. Edward Deeb, stated to Commissioner Kurlander that the owner approved Condition No. 24, which would be an agreement between the owner and the City, stating that.,the City would have an option to purchase land needed for street widening purposes. . I I I I I I Mr.' Hewicker responded to Commissioner Kurlander's question that, if approved, a condition would be added that the square footage area would be reduced. MINUTES INDEX • ROLL CALL Motion All Ayes • M/WSSIC)NERS September 20, 1984 M �x � v � m City of Newport Beach Planning Commission Chairman Winburn closed the public hearing at this time. Mr. Hewicker confirmed Commissioner Kurlander's statement that the Fair Share Ordinance applies to this application and that the applicant is aware of this Ordinance. x Commissioner Goff made a motion for Denial of Use x x x Permit 3113, with the findings in Exhibit "B" of the staff report, because of the over - intensity of the subject property. Commission Chairman Winburn supported the motion stating the difficulties of co- ordinating the valet parking on the property. MOTION CARRIED. FINDINGS: 1. The proposed restaurant the existing uses on the will generate additional site. is an intensification of subject property, which traffic to and from the 2. Adequate off - street parking is not being provided in conjunction with the proposed restaurant. 3. The approval of Use Permit No. 3113 will, 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. A. Traffic Study (Public Hearing) Request to consider a traffic study so as to permit the construction of a two story office - retail building in the C -1 -Z District. and B. Use Permit No. 3114 (Public Hearing) Request to permit the construction of a two story office- retail building and related subterranean parking • spaces in the C -1 -Z District, in the Corona del Mar Specific Plan where a Specific Plan has not been adopted. The proposal also includes a modification to the Zoning Code so as to allow the use of substandard 9 .MINUTES INDEX Permit 'd to COMMISSIONERS September 20, 1984 MINUTES T A R m � V � • > > m ° m City of Newport Beach ROLL CALL INDEX aisle widths with wider than standard parking spaces and compact spaces. Architectural roof -top features are also proposed in excess of height limits in the 32/50 Foot Height Limitation District. The proposal also includes the acceptance of an environmental document. LOCATION: Lots 16, 16, 20, and 22, Block 732, Corona del Mar Tract and Lot 1, Block L, Tract No. 32, located at 2600 East Coast Highway, on the northeasterly corner of East Coast Highway and Dahlia Avenue, in Corona del Mar. ZONE: C -1 -Z APPLICANT: Ernest George, Corona del Mar OWNER: Same as applicant • In response to Commissioner Kurlander's request, staff informed the Planning Commission that the time frame to process a resubdivision application and record a parcel map is approximately 3 - 6 months. The public hearing opened in connection with-this item, and Mr. Ernest George, 2865 East Coast Highway, Corona del Mar, applicant, appeared before the Planning Commission. Mr. George presented reasons why he objects to the staff report's recommendation to reduce the gross floor area of the structure so as not to exceed .75 times the buildable area of the site.and to provide adequate off - street parking. In summary, he stated that the small lot sizes in Corona. del Mar and the City's parking code prohibits the construction of a high - quality building and adequate parking, and that he would regret constructing a building on that prime property with a parking lot to the rear of . the site. Mr. George advised the Commission that he will comply with the findings and conditions of approval in the staff report. In response to Commission Kurlander's questions, Mr. George replied that he will begin demolition of the current structures and excavation of the property after • the rain this winter. In response to a question posed by Commissioner Turner, Mr. George stated that he does not believe constructing 10 September 20, 1984 of Newport Beach MINUTES ROLL CALL 1 1 1 1 1 1 1 1 I INDEX 1 • • a structure at .75 times the buildable area with adequate parking on the subject site is economically feasible; however, he would be willing to redesign the requested building and parking structure and present the plans to the Commission. Ms. Barbara Jackson, Corona del Mar businesswoman and tenant of Mr. George, spoke in favor of the proposed building, advising the Commission that.the area does lack adequate parking for all of the local merchants and she feels that the parking structure would be an advantage to all of the businesses in the area. Mr. George Koteles, Architect, representing the applicant, spoke before the Commission. Mr. Koteles opined that to build a one -story structure with one level of underground parking is not economically feasible in comparison with the 2 story structure on one half of the lot. However, the 2 story structure would have the required parking spaces at the rear of the lot, and the applicant's opinion is that this would . have detrimental effect on the surrounding neighborhood. Planning Director Hewicker's response to Mr. George regarding the structure that is currently being built on the corner of Avocado Avenue and East Coast Highway was that the subject structure is located at, the edge of Corona del Mar and in a newer section of the City, and is across East Coast Highway from Newport Center. The site Mr. George is desiring to build is located in Old Corona del Mar and Mr. Hewicker commented that he believed that the plans Mr. George had presented to the Commission were too intense for Old Corona del Mar. In response to questions posed by Commissioner Person, Mr. Hewicker replied that there are structures on the southerly side of East Coast Highway in Corona del Mar that have partial subterranean parking; however, on the northerly side of East Coast Highway subterranean parking has only been necessary where Mr. George has previously developed difficult lots. The staff report recommended that the structure not exceed .75 times the buildable area because the City has previously approved similar developments in Corona del Mar. Commissioner Person asked Mr. George if he could submit workable and economically feasible designs to the 11 m n x m September 20, 1984 of Newport Beach MINUTES ROLL CALL 1 1 1 1 1 1 1 1 I INDEX 1 • • a structure at .75 times the buildable area with adequate parking on the subject site is economically feasible; however, he would be willing to redesign the requested building and parking structure and present the plans to the Commission. Ms. Barbara Jackson, Corona del Mar businesswoman and tenant of Mr. George, spoke in favor of the proposed building, advising the Commission that.the area does lack adequate parking for all of the local merchants and she feels that the parking structure would be an advantage to all of the businesses in the area. Mr. George Koteles, Architect, representing the applicant, spoke before the Commission. Mr. Koteles opined that to build a one -story structure with one level of underground parking is not economically feasible in comparison with the 2 story structure on one half of the lot. However, the 2 story structure would have the required parking spaces at the rear of the lot, and the applicant's opinion is that this would . have detrimental effect on the surrounding neighborhood. Planning Director Hewicker's response to Mr. George regarding the structure that is currently being built on the corner of Avocado Avenue and East Coast Highway was that the subject structure is located at, the edge of Corona del Mar and in a newer section of the City, and is across East Coast Highway from Newport Center. The site Mr. George is desiring to build is located in Old Corona del Mar and Mr. Hewicker commented that he believed that the plans Mr. George had presented to the Commission were too intense for Old Corona del Mar. In response to questions posed by Commissioner Person, Mr. Hewicker replied that there are structures on the southerly side of East Coast Highway in Corona del Mar that have partial subterranean parking; however, on the northerly side of East Coast Highway subterranean parking has only been necessary where Mr. George has previously developed difficult lots. The staff report recommended that the structure not exceed .75 times the buildable area because the City has previously approved similar developments in Corona del Mar. Commissioner Person asked Mr. George if he could submit workable and economically feasible designs to the 11 COMMISSONERS September 20, 1984 m x � � c m v � • m m City of Newport Beach Commission that would not necessarily be at .75 times the buildable area but would have a parking requirement ratio of one parking space /250 sq. ft. of floor area, which would be similar to other developments in Corona del Mar. Commissioner Turner advised Mr. George that he would also like to see several different design schemes for the Commission's comparison. Mr. George stated he would be willing to reduce the size of the building and allow for one parking space /250 sq. ft. of floor area, but that it was his understanding that one parking space /350 sq. ft. of floor area is Corona del Mar's parking requirement. Commenting further, Mr. George stated that he would be willing to make the necessary modifications for a 2 -story structure with underground parking because it is his opinion that this design would provide adequate parking for the area and would be a very fine addition to Corona del Mar. Motion Commissioner Person made a motion to continue the public hearing to November 8, 1984 to enable the applicant to submit additional design plans to the • Commission. Commissioner Goff advised the applicant that he agrees with the staff report's recommendation of parking, traffic and circulation, and compatibility of commercial and residential development constraints, and that the proposed development would be too dense. Commissioner Goff further stated that he would not be in favor of any development in excess of .75 times the buildable area on the subject property. Commissioner Turner stated that he would like to see several different design schemes that are not necessarily of,a specific buildable size. Planning Commission Chairman Winburn advised that she would be in favor of seeing plans at approximately .75 times the buildable area, but no greater than .80 times the builldable area and that she is favorable of the parking ratio of one parking space /250 sq. ft. of floor area. Commissioner Person opined that he would be in,favor of the applicant submitting several project designs that would be workable for the City and the applicant, based on the flexibility of underground parking and the floor • area ratio. Planning Director Hewicker stated that the staff report's floor area ratio does not include subterranean parking. 12 MINUTES INDEX COMMISSIONERS September 20, 1984 m n x � � c m v � • > > m m City of Newport Beach ROLL CALL Chairman Winburn confirmed to the applicant that the Planning Commission has requested plans that would be at or near the .75 times the buildable area of the property; however, the Commission will review any workable plans the applicant submits. All Ayes X x x x x x Commissioner Person's motion was voted on and MOTION CARRIED. A. Use Permit No. 1677 (Amended) (Public Hearing) One year Planning Commission review of Use Permit No. 1677 (Amended) that permitted an expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunch time operation. and B. Variance No. 1106 (Public Hearing) One year Planning Commission review of Variance No. • 1106 which permitted the waiver of a portion of the required off - street parking spaces in conjunction with 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 United States Post Office. ZONE: SP -5 APPLICANT: Stuft Noodle Restaurant, Newport Beach OWNER: Ms. Nelly Brandsma, Newport Beach The public hearing opened in'connection with this item, and Mr. Maurice Parole, owner, appeared before the Planning Commission, requesting the extension of the parking variance and advised the Commission that the City's previous use permit requirements have been satisfied. Mr. Parole stated that the 27 on -site parking spaces and the 8 off -site parking spaces at the Shell Station have never been entirely used. • I I I I I I I I Staff informed Chairman Winburn that the Planning Commission will review the restaurant's useage of Avon Street again at the time of the street's improvements. 13 MINUTES INDEX Permit M COMMISSIONERS September 20, 1984 MINUTES m x f � v � a ' m City of Newport Beach ROLL CALL I INDEX The applicant stated that they are in compliance with the staff report's findings and conditions. Chairman Winburn advised Mr. Parole that after she had been at the restaurant and observed the restaurant's adequate parking she is inclined to reconsider her previous vote, and vote in favor of the Variance. Current Planning Administrator William Laycock referred the Planning Commission and the applicant to the staff report's Condition No. 11 wherein staff is requesting that the applicant be in compliance with the City's sign code by removing the temporary A -frame sign on the property. Motion I I I Ixl I I I A motion was made to extend Use Permit No. 1677 (Amended) and Variance No. 1106 subject to the findings and conditions in Exhibit "A ". Commissioner Person stated he could not support the motion because he does not approve of the restaurant serving lunch considering the volume of business . activity in the immediate area. Ayes x x x x x Commission Kurlander's motion was now voted on and Noes x MOTION CARRIED. FINDINGS: 1. The existing development is consistent with the General Plan and is compatible with surrounding land uses. 2. The project does not have any significant environmental impact. 3. The approval of Use Permit No. 1677 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. I I I I I 4. That there are exceptional or extraordinary I circumstances applying to the land, building, and use proposed in this application, which • I ( I I I circumstances and conditions do not generally apply to land, building, and /or uses in the same district in that the existing on -site parking is not fully utilized by the daytime office uses. 14 COMMISSIONERS September 20, 1984 MINUTES m n x � v 3 • m m City of Newport Beach ROLL CALL I I I I I I I INDEX 5., That the granting of a variance to waive the additional required parking spaces is necessary for the preservation and enjoyment of substantial property rights of the applicant. 6. That the establishment, maintenance, and operation of the use, property, and building 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 detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 7. Adequate parking exists on -site for restaurant patrons and the office uses, and so the 8 parking spaces on the Shell service station site for the restaurant use is no longer necessary. • 1 1 1 1 1 1 1 1 CONDITIONS: 1. That development shall remain in substantial conformance with the approved plot plan, floor plans, and elevations, except as may be noted below. 2. That the previous Use Permit No. 1677 (Amended) shall expire with the approval of this application. 3. That the Planning Commission shall review these applications again when a project is approved that would provide for the ultimate design and improvement of Avon Street. 4. That the restaurant shall be allowed a limited lunch time operation which will include the front entrance area and the front dining area (764± sq.ft. of "net public area ") only. with the existing parking layout.- All twenty -seven parking spaces on the site shall be 15 5. That the existing parking lot shall be maintained with approved traffic markers or painted white • lines not less than 4 inches wide, in accordance with the existing parking layout.- All twenty -seven parking spaces on the site shall be 15 COMMISSIONERS September 20, 1984 MINUTES T n c m T • S. > m m City of Newport Beach ROLL CALL INDEX accessible and usable for vehicular parking at all times. A directional sign shall be maintained designating that parking is available to rear of the building. 6. That all asphaltic .pavement surfaces of the existing parking areas shall be maintained. 7. All but three of the required daytime restaurant parking spaces are waived and all of the existing on -site parking spaces (27 spaces) shall be available for the exclusive nighttime use of the Stuft Noodle Restaurant. S. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 9. That no alterations to the existing parking design shall be permitted without the approval of the City Traffic Engineer. • 10. That the restaurant employees shall be required to park their automobiles in the "Mariner's Nile" municipal lot. 11. That all signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and the existing temporary A -frame sign located in front of the restaurant shall be removed. 12. 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. Use Permit No. 3042 (Public Hearing) One year Planning Commission review of Use Permit No. 3042 that permitted the establishment of a take -out • restaurant facility with incidental dining in the Balboa Bakery. 16 Item No.7 ' Permit CJ COMMISSIONERS1 September 20, 1984 MINUTES Beach ■ ROLL CALL I 1 1 1 1 1 1 1 I INDEX 1 C, J Motion All Ayes r1 I� LOCATION: Lot 7, Resubdivision of Block 9, Balboa Tract, located at 301 Main Street, on the northwesterly corner of Main Street and East Bay Avenue, in Central Balboa. ZONE: C -1 APPLICANT: Hoa Christianson, Balboa OWNER: Same as Applicant The public hearing opened in connection with this item and Mrs. Hoa Christianson, Balboa, owner, appeared before the Commission. In response to Planning Director Hewicker's question, Mrs. Christianson stated that the dolls in the window are only for display purposes. Staff informed Commissioner Kurlander that the one year review of Use Permit No. 3042 is being reviewed by the Planning Commission and not the City Council. Mrs. Christianson informed the Planning Commission that she agrees with all of the findings and conditions contained in the staff report. In response to questions posed by Commissioner Eichenhofer and Mr. Hewicker, Mrs. Christianson stated she was not aware that the A -frame sign in front of the Balboa Bakery was not permitted in accordance with City laws. The public hearing was closed at this time. Commissioner Turner made a motion for approval of Use Permit No. 3042, subject to the findings and conditions in Exhibit "A ". xlxl 1x1x1 Commissioner Goff stated that he is supporting the motion of the Use Permit whereas he had previously I voted in favor of denial. FINDINGS: 1. That the existing development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 17 M ci x a city VI Beach ■ ROLL CALL I 1 1 1 1 1 1 1 I INDEX 1 C, J Motion All Ayes r1 I� LOCATION: Lot 7, Resubdivision of Block 9, Balboa Tract, located at 301 Main Street, on the northwesterly corner of Main Street and East Bay Avenue, in Central Balboa. ZONE: C -1 APPLICANT: Hoa Christianson, Balboa OWNER: Same as Applicant The public hearing opened in connection with this item and Mrs. Hoa Christianson, Balboa, owner, appeared before the Commission. In response to Planning Director Hewicker's question, Mrs. Christianson stated that the dolls in the window are only for display purposes. Staff informed Commissioner Kurlander that the one year review of Use Permit No. 3042 is being reviewed by the Planning Commission and not the City Council. Mrs. Christianson informed the Planning Commission that she agrees with all of the findings and conditions contained in the staff report. In response to questions posed by Commissioner Eichenhofer and Mr. Hewicker, Mrs. Christianson stated she was not aware that the A -frame sign in front of the Balboa Bakery was not permitted in accordance with City laws. The public hearing was closed at this time. Commissioner Turner made a motion for approval of Use Permit No. 3042, subject to the findings and conditions in Exhibit "A ". xlxl 1x1x1 Commissioner Goff stated that he is supporting the motion of the Use Permit whereas he had previously I voted in favor of denial. FINDINGS: 1. That the existing development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 17 COMMISS{ONERS September 20, 1984 MINUTES m n x f V � • m ° ° m City of Newport Beach ROLL CALL'mr= I INDEX 2., The project does not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities, and a portion of the required parking spaces will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That the proposed use does not represent a significant intensification of use that will result in an increased parking demand for the area. 5. The Police Department has indicated that they do not contemplate any problems. I I I I I I 6. The approval of Use Permit No. 3042 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 maintained in substantial conformance with the approved plot plan and floor plans. 2. That the development standards related to circulation, walls, landscaping, parking lot illumination, utility requirements, and a portion of the required parking spaces are waived. 3. That all exterior signs shall 'conform to Chapter 20.06 of the Newport Beach Municipal Code. 4. That no more than 3 tables and 15 chairs shall be available to the general public. 5. That all trash shall be kept inside the building until trash pick -up occurs. i6. That the premises and the sidewalk on Main Street shall be kept clean and regularly maintained. ig m � ms xP$ .City of m c September 20, 1984 MINUTES • INDEX 7. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 8. That three (3) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the take -out restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 9. 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. A D D I T I O N A L B -U S I N E S S: Excused Absence Motion was made to excuse Commissioner Goff from the October 4, 1984 Planning Commission Meeting, which MOTION CARRIED. Use Permit No.3108 Planning Director Hewicker discussed Use Permit No. 3108 (Paul Blaine Henrie's retail art gallery /studio project) with the Commission. It was determined that the development was not in violation of the Conditions of Approval. . Use Permit No. 2066 The status of the "Lancer Landing" project was discussed by the Commission. Planning Director Hewicker indicated that Use Permit No. 2066 was still in effect, and that construction had begun on the site. There being no further business, the Planning Commission adjourned at 9:40 p.m. JOHN KURLANDER, Secretary Newport Beach City. Planning Commission 19