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HomeMy WebLinkAbout09/24/1987COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers O Noted - TIME: 7:30 p.m. BG��N9��ov 9y DATE: September 24, 1987 9y CITY OF NEWPORT BEACH ROLL CALL INDEX Motion x Motion was made and voted on to excuse Commissioner Ayes x x K K 39 x Yoppelman from the subject Planning Commission Meeting. Absent MOTION CARRIED. ,t • x EX- OFFICIO OFFICERS PRESENT: Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Patricia Temple, Principal Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes of September 10, 1987: Minutes of on x Motion was made to approve the September 10, 1987, 9 -10 -87 Ayes x x x x 31 x Planning Commission Minutes. Motion voted on, MOTION Absent CARRIED. a * t Public Comments: Public - Comments No persons came forth to speak on non - agenda items. • t r Posting of the Agenda: Posting of the Agenda William Laycock, Current Planning Manager, stated that the Planning Commission agenda was posted on September 18, 1987, in front of City Hall. * x • Requested Continuances: Requests for William Laycock, Current Planning Manager, stated. that Continuance the applicant, Pigneri Development Company, has requested that Item No. 2, Resubdivision No. 853, located at 1720 West Ocean Front, be continued to the • October 8, 1987, Planning Commission meeting; that the applicant, Rocko's Cuisine of Lido has requested that COMMISSIONERS MINUTES yo \�001\lrvoro� �G 9 September 24, 1987 CITY OF NEWPORT BEACH. ROLL CALL INDEX Item No. 5, Use Permit No. 3284, regarding a take -out restaurant located at 3423 Via Lido, be continued to the October 22, 1987, Planning Commission meeting; and that staff has requested that Item No. 8, General Plan Amendment 87 -1(C), General Plan Consistency Determination, Amendment No. 632, Amendment No. 653, and Traffic Study, regarding Fashion Island, be continued to the Planning Commission meeting of October 8, 1987. Motion x Motion was made and voted on to continue aforementioned Ayes x x x K IN x Resubdivision No. 853 to the October 8, 1987, Planning Absent Commission meeting, Use Permit No. 3284 to the October 22, 1987, Planning Commission meeting, and General Plan Amendment 87 -1(C) and related items, to the October 8, 1987, Planning Commission meeting. MOTION CARRIED. Resubdivision No. 852 (Public Hearing) Item No.l Request to resubdivide an existing lot into a single R852 parcel of land for two unit residential condominium • purposes, on property located in the R -3 District. Approved LOCATION: Lot 12, Block 12, Tract No. 234, located at 1249 West Balboa Boulevard, on the southeasterly corner of 13th Street and West Balboa Boulevard, on the Balboa Peninsula. ZONE: R -3 - - APPLICANT: Darwin Pearson, Newport Beach - - OWNER: Sophia Clarke, Pomona - ENGINEER: Derek J. McGregor, Irvine. The public hearing was opened in connection with this item, and Mr. Darwin Pearson, 127 - 31st Street, applicant, appeared before the Planning Commission. Mr. Pearson stated that he concurred with the findings and conditions in Exhibit "A ". He further stated that he had been informed by the Public Works Department that an encroachment permit would be required regarding any vehicular access to 13th Street. Mr. Gary Lovell, 1242 West Ocean Front, an adjoining. - • neighbor, appeared before the Planning Commission. Mr. Lovell referred to Condition No. 4 requesting that each -2- COMMISSIONERS MINUTES September 24, 1987 CITY OF NEWPORT BEACH ' ROL CALL I I I I I I I 1 7 INDEX dwelling unit be served with an individual water service, and he stated his concern that two water services would further cut down the water pressure in the area that currently has low water pressure. In reference to Condition No. 5 requesting that all vehicular access to the property be from the adjacent alley, Mr. Lovell stated that the garage and driveway would create congestion and he requested an additional curb cut be permitted on 13th Street. In response to a question posed by Commissioner Pomeroy, Mr. Lovell withdrew to the plans and described the traffic circulation on 13th Street and the alley, and he pointed out that the Newport Elementary School is across 13th Street from the subject site. He explained that his driveway would back up to the proposed driveway in the alley. I I I I I Don Webb, City Engineer, explained that when an alley is available the Public Works Department recommends that the primary garage access shall be off of the . alley. Mr. Webb stated that staff has requested that the applicant modify the plans to provide one access on 13th Street and one access off of the alley. Mr. Webb pointed out that the driveway in the alley would allow for one additional parking space on 13th Street. Mr. Pearson reappeared before the Planning Commission, and he stated that he would prefer to have both driveways off of 13th Street. Mr. Webb responded to the aforementioned Condition No. 4, and he explained that the water pressure would depend upon the amount of water that would be used, and not the number of water services. Ms. Mary Lou Cenoz, 1245 West Balboa Boulevard, . appeared before the Planning Commission to state the following concerns: a survey stake that is located on. her fence; where the building supplies will be stored; how the access to her driveway will be affected; the setback from West Balboa Boulevard; the proposed wall or fence that will be constructed along the property line; and that she would like to see the proposed plans. William Laycock, Current Planning Manager, responded that in accordance with the R -3 development standards, one dwelling unit per 1,200 square feet of lot area 111 11 1 would be permitted on -site, or a maximum of two dwelling units. -3- COMMISSIONERS MINUTES September 24, 1987 I \�\\\y\\\ CITY OF NEWPORT BEACH A INDEX Chairman Person suggested that Ms. Cenoz and the applicant meet so as to discuss her aforementioned concerns wherein he explained that the Planning Commission is only discussing the Resubdivision regarding the subject site and not the proposed building. Mrs. Bobby Lovell, 1242 West Ocean Front, appeared before the Planning Commission regarding the property owner. Mr. Pearson reappeared before -the Planning Commission to explain that the property is in escrow for one year. Mrs. Lovell stated that she has a concern regarding the maintenance during construction, and that she supports the curb cuts on 13th Street. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to questions posed by Commissioner Debay in reference to aforementioned Condition No. 5, discussion • followed between the Planning Commission and staff. Mr. Webb explained that the applicant would be required to apply for an encroachment permit in accordance with City Council policy to authorize the 13th Street driveway. Mr. Webb stated that one reason the City Council policy was established regarding an encroachment permit was to protect the parking on streets in areas where parking is scarce, and he . indicated that parking spaces would be eliminated if the two driveways would be constructed on 13th Street as suggested. Motion x Motion was made to approve Resubdivision No. 852 subject to the findings and conditions in Exhibit "A ", and to amend Condition No. 5 to state "That all vehicular access to the property be from the adjacent alley, or 13th Street subject to obtaining an Encroachment Permit from the City Council. ", Commissioner Pomeroy reasoned that he had a concern regarding safety because of the proximity of the subject site to the adjacent school, and that staff would have additional time to make a recommendation to the City Council. Commissioner Winburn concurred with Commissioner Pomeroy's statement that the City Council would have an • opportunity to consider staff's recommendations. -4- COMMISSIONERS q qy CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROLL CALL INDEX Ayes x x x x Motion was voted on to approve Resubdivision No. 852 Absent 2 subject to the findings and conditions in Exhibit "A" including amended Condition No. 5. MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be recorded prior to the occupancy of either dwelling unit. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improve - ments, 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 all vehicular access to the property be from the adjacent alley, or 13th Street subject to obtaining an Encroachment Permit from the City Council. 6. That County Sanitation District fees be paid prior to issuance of any building permits. -5- COMMISSIONERS yA 0 !! l 9,a CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROL CALL INDEX 7. That the depressed and deteriorated sidewalk be reconstructed along the West Balboa Boulevard and 13th Street frontages; that the existing drive apron be removed and replaced with curb and sidewalk on the 13th Street frontage; that a curb access ramp be constructed per City Standard 181 -L at the corner of West Balboa Boulevard and 13th Street; that the curb return at the corner of 13th Street and West Balboa Boulevard be reconstructed with a 15 foot radius unless otherwise approved by the Public Works Department; and that all work be completed under an encroachment permit issued by the Public Works Department. 8. That an eight foot -wide radius corner cutoff at the corner of 13th Street and West Balboa Boulevard be dedicated to the public. 9. 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. t Resubdivision No. 853 (Public Hearing) Item No.2 Request to resubdivide an existing lot into a single R853 parcel of land for three unit residential condominium — purposes, on property located in the R -4 District: Continued to 10-8-87 LOCATION: Lot 10, Block 17, Section B, Newport Beach, located at 1720 West Ocean Front, on the northerly side of West Ocean Front, between 17th Street and 18th Street, on the Balboa Peninsula. ZONE: R -4 APPLICANT: Pigneri Development Company, Newport Beach OWNER: Robert Weiner, Newport Beach ENGINEER: Carlat Engineering, Anaheim William Laycock, Current Planning Manager, stated that • the applicant has requested that this item be continued to the October 8, 1987, Planning Commission meeting.- - _g_ COMMISSIONERS yA .o0 �F �O m °yyyy`"oy9c�ro qy . MINUTES September 24, 1987 CITY OF NEWPORT BEACH ROL CALL INDEX Motion Motion was made and voted on to continue Resubdivision Ayes y x No. 853 to the October 8, 1987, Planning Commission Absent x x x x meeting. MOTION CARRIED. Use Permit No. 3005 (Amended) (Review) (Discussion) Item No. 3 Planning Commission review of a request to amend a UP3005A previously approved use permit which allowed the establishment of an automobile rental facility on No Action property located in the C -1 -H District. The proposed Necessary amendment includes a request to expand the offices for the facility into portions of the existing commercial building located on the property; to install an automo- bile wash rack; and to revise the previously approved parking and circulation plans. LOCATION: Lots 1, 2, 3 and a portion of Lot 4, Tract No. 1210, located at 200 West Coast Highway, on the northwesterly • corner of .Dover Drive and West Coast Highway, in the vicinity of the Newport Bay Bridge. ZONE: C -1 -H APPLICANTS: Peter Martin and Anne Slemons, dba Newport Benz /Clenet Car Co., Newport Beach OWNER: Leonard Horwin, Beverly Hills William Laycock, Current Planning Manager, explained that the staff report's statement that the subject automobile facility is temporarily closed and that the facility would be reopened in the near future is no longer in effect inasmuch as the property is reverting back to the property owner on September 25, 1987, and that the applicants are not reopening the automobile facility on the subject site. He stated that the subject use permit is still in effect and another party could take over the facility if all of the conditions of approval to the use permit are met. Chairman. Person emphasized that the property owner must inform the new tenants. of all of the conditions of • approval to the use permit that have been imposed,. and -7- COMMISSIONERS CALL 0 MINUTES September 24, 1987 CITY OF NEWPORT BEACH he referred to the numerous situations that have created problems on the subject site. Use Permit No. 3122 (Amended)(Public Hearing) Request to amend a previously approved use permit which permitted the construction of a commercial building and related parking structure known as Edgewater Place, on property located in the C -1 District. The proposed amendment involves a request to retain and remodel an existing boat rental building located in the public walkway adjacent to the bulkhead and to modify the previously approved development plan so as to reduce the size of the proposed kiosk facing the bay and thereby reduce the amount of projection said kiosk is currently permitted to encroach within the public walkway. LOCATION: Lots 1, 2, 3, 7, 8, 9, 10, 11, 12, and a portion of Lot 4, an unnumbered lot, and a portion of a public alley proposed to be vacated, all in Block 3 of the Balboa Bayside Tract; Lots 22 and 23, Block A of the Bayside Tract; and a portion of vacated Edgewater Place, located at 309 Palm Street, on the northerly side of East Bay Avenue between Palm Street and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Balboa Landing, Los Angeles OWNER: Same as applicant William Laycock, Current Planning Manager, referred to the plot plan previously approved, and he pointed out that in place of the subject boat rental building there was to be landscaping, benches, and tables. He stated that there was no discussion previously in the staff report about the boat rental building because the plan showed that the said building was going to be removed. Mr. Laycock referred to Use Permit No. 3122, Condition. No. 1, approved on May 9, 1985, which states "that all development shall be in substantial conformance with the approved plot plan, floor plans, elevations and sections except as noted below. ". Mr. Laycock Q =D INDEX Item No.4 UP3122A Approved COMMISSIONERS �A 0OJ+6 yo CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROL CALL INDEX confirmed Chairman Person's statement that the removal of the building was not a condition of approval; however, it was assumed that the building would be removed. In response to a question posed by Commissioner Pomeroy, Mr. Laycock explained that the purpose of the subject amended use permit is to allow the boat rental building to remain. The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King & Associates, 3187 Airway, Costa Mesa, appeared before the Planning Commission on behalf of the applicant. He concurred that the boat rental building was not shown on the plot plan; however, he said that the applicant's intent was to retain the building. Mr. King commented that the architect's plan, the builder, the Coastal Commission, and the demolition permit show that the building was to be retained; however, he said that accurate information was not provided to the Planning Department. Mr. King presented background information regarding the ownership and the occupants of the property, and he maintained that their intent was to retain the boat building. Mr. King stated that the applicant concurs with the findings and conditions in Exhibit "B "; however, he referred to Condition No. 7: "That the boat rental building shall be removed at the end of the operators' remaining 25 year lease, or at the time the existing business is terminated, whichever occurs first. ", and he said that the Vallely family, who own the underlying fee interest, would not consent to having the _boat rental building removed. Mr. King pointed out that permission must be received from the fee owners before anything is. done to the property. He indicated that the applicant is requesting that Condition No. 7*be. deleted because the applicant does not have the authority to allow the City to enforce said condition. Mr. King pointed out that Exhibit "B" allows the existing kiosk to be reduced by 110 square feet, and to retain and remodel the boat rental facility which would include eliminating the overhang on the bulkhead. He stated that the proposed development would be architecturally compatible with the existing project. Mr. King pointed out that there were originally two • boat rental facilities, the second boat house being on the site where the current Newport Landing Restaurant -9- COMMISSIONERS MINUTES o 0 7i G41 � September 24, 1987 $, to to 04 N a•G 9N �� ,o y � y9 oy( (y0 CITY OF NEWPORT BEACH ROLL CALL INDEX is located. Mr. King addressed the compromises that the applicant had previously discussed with staff regarding the options of reducing the square footage of the subject boat rental building. Chairman Person questioned if Condition No. 7 could be amended to state that at such time when the boat rental building is removed or when the existing business is terminated that the applicant shall be entitled to an additional 110 square feet in the kiosk area, and he asked if said amendment would satisfy the applicant? Mr. King replied that the suggested amendment to Condition No. 7 would have to be approved only by the Vallelys. He explained that the applicant has an agreement with the Vallelys that all of the improvements would revert back to them or the improvements would have to. be removed inasmuch as the Vallelys have the authority to make that decision at . the termination of the lease. In response to a question posed by Chairman Person, Mr: King stated that the Vallelys have spoken to staff regarding the subject amended use permit. Chairman Person commented that his recollection during the previous public hearings regarding the subject use permit was that the boat rental facility was going to be removed from the site. In response to a question posed by Commissioner Winburn regarding the development of the Newport Landing Restaurant, Mr. King explained the Coastal Commission's requests regarding the public easement and the boat house. Commissioner Winburn questioned the phases of development regarding Edgewater Place inasmuch as there is a reference on the site plan, the kiosk area, that denotes the transfer of boat shop which may refer to the boat house which is not shown on the plans dated 1985. Mr. King concurred that was the contention of the owners. Mr. King explained the leasing background of the two boat houses, and he stated that the present occupant of the boat house has a valid lease and that he has never consented to be relocated. In reference to the applicant's request to delete '110 square feet from the kiosk to retain the boat house, Chairman Person suggested that the aforementioned Condition No. 7 not be deleted until such time as the • boat house is removed wherein the Planning Commission could give back the 110 square feet of floor area. Mr.- -10- COMMISSIONERS �G - TN � �y9 oy \11rr �o qy CITY OF NEWPORT BEACH MINUTES, September 24, 1987 ROL CALL INDEX King replied that the underlying fee owner does not give his consent to Condition No. 7 and the owners of the project do not consent because they do not have the legal right to give away something that does not belong. to them. Mr. King advised that the underlying fee owner owns the fee property below the kiosk area. In response to a question posed by Commissioner Di Sano regarding the timing and the financial differences between Exhibit "A" which would require the removal of the entire kiosk from the public walkway and Exhibit "B" as proposed by the applicant, Mr. King replied that he did not have access to the financial records, and he explained the tentative leasing agreement. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3122 (Amended) subject to the findings and conditions in Exhibit "B ", including an addition to aforementioned • Condition No. 7 that would state " .., and the applicant shall be entitled to restore 110 square feet of floor area to the kiosk area of the building." Commissioner Winburn reasoned that Exhibit "B" allows the Planning Commission to transfer the square footage of the boat house back to the kiosk. She explained that the boat rental building would be in alignment with the Newport Landing take -out restaurant which would provide a better sight line in the public walkway inasmuch as the public easement between the Newport Landing Restaurant and the bulkhead is much narrower than the easement between the kiosk and the bulkhead. In response to questions posed by Commissioner Di Sano, Mr. Webb described the variable widths of the public walkway between the subject property and the Pavilion. Mr. Webb recollected that staff considered allowing the kiosk to encroach into the pedestrian easement area because it would replace some of the floor area lost when the boat rental building was removed. He said that the other boat rental building had not encroached into the easement area more than 2 feet. Mr. Webb commented that he could not remember a second boat house being mentioned. In reference to concerns posed by Commissioner Di Sano • regarding signs on the walkway, Chairman Person stated that the free standing signs are illegal, and upon a request from Commissioner Di Sano, an amendment to the -11- COMMISSIONERS MINUTES September 24, 1987 Z�6 �N Z9�tn9Z �. CITY OF NEWPORT BEACH ROLL CALL INDEX motion was made to add Condition No. 11 which would Amendment state "That no free standing signs shall be permitted on the sidewalk in the public right -of -way in front of the site." The maker of the motion supported added Condition No. 11. In response to a question posed by Commissioner Merrill, Chairman Person replied that a Harbor Permit would not be required for the boat rental facility inasmuch as one is required only for vessels that carry more than six passengers. Motion was voted on to approve Use Permit No. 3122 (Amended) subject to the findings and conditions in Exhibit "B" including aforementioned amended Condition Ayes x x x K x No. 7 and added Condition No. 11. MOTION CARRIED.. Absent FINDINGS: 1. That the retention and remodel of the existing boat rental building within the public walkway 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 the design of the remodeled boat rental building will not conflict with any easements acquired by the public at large for access through or use of the property within the subject develop- ment. 3. That the removal of a portion of the existing kiosk from the public walkway is necessary in order achieve the intent of the original project approval, relative to the unobstructed width of the public walkway. 4. The approval of Use Permit No. 3122 (Amended) will not 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. • -12- COMMISSIONERS a��� NX\1\V q� - ;o q� CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROLL CALL INDEX CONDITIONS: - - 1. That all development shall be in substantial conformance with the approved plot plan, floor plan and elevations, except as noted below. 2. That all applicable conditions of approval of Use Permit No. 3122, as approved on May 9, 1985 and Use Permit No. 3122 (Amended) and Waiver of Parcel Map, as approved on May 8, 1986, shall be fulfilled. 3. That the existing boat rental building may remain within the public walkway. 4. That a portion of the side walls of the existing kiosk, as shown on the approved site plan and elevations, shall be removed; however, the exist- ing roof of the kiosk shall remain as an eave projection and shall be modified so as to maintain a minimum 8 foot vertical clearance above the • public walkway. 5. That the roof of the boat rental building shall be redesigned so as not to project beyond the exist- ing bulkhead. The design and architecture of said . roof shall be compatible with the architecture.of the main commercial building and shall be subject to the approval of the Planning Department. 6. That prior to the issuance of building permits for the reconstruction work on the boat rental build- ing, the applicant shall enter into an agreement with the City which shall be approved by the City Council and which will fully protect the City. against any loss or damage from injuries that are in any, way related to said building or use con- tained within said building. The working of said agreement shall be subject to the review and approval of the City Attorney. 7. That the boat rental building shall be removed at the end of the operator's remaining 25 year lease or at the time the existing business is terminat- ed, whichever occurs first, and that the applicant shall be, entitled to restore 110 square feet of • floor area to the kiosk area of the building. 8. That no boats shall be stored, repaired or worked on within the public walkway. -13- COMMISSIONERS 'y l^ to OAA ' 9�, - �G9y y << sito CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROLL CALL INDEX 9. That a minimum clear distance of 30 feet shall be maintained between the bulkhead and the front wall of the kiosk. 10. 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. 11. That no free standing signs shall be permitted on the sidewalk in the public right -of -way in front of the site. • r • The Planning Commission recessed at 8:25 p.m. and reconvened at 8:35 p.m. Use Permit No. 3284 (Continued Public Hearing) Item No.S Request to establish a take -out restaurant facility • with on -sale beer and wine and seating on the inside of the restaurant building and outside in a common court - Continued yard, on property located in Via Lido Plaza in the to C-l-H District. The proposal also includes a request 10 -22 -87 to waive a portion of the required off - street parking spaces. LOCATION: Parcel No. 1 of Parcel Map 85 -1 - - (Resubdivision No. 516), located at 3423 Via Lido, on the southerly side of Via Lido between Newport Boulevard and Via Oporto in Via Lido Plaza. ZONE: C -1 -H APPLICANTS:: Rocko's Cuisine of Lido, Inc., and the Fritz Duda Co., Balboa Island OWNER: Newport Via Lido Associates, Orange William Laycock, Current Planning Manager, stated that the applicant has requested that this item be continued to the October 22, 1987, Planning Commission meeting. ion x Motion was made and voted on to continue Use Permit No. X x x x x x 3284 to the October 22, 1987, Planning Commission t x meeting. MOTION CARRIED. - -14- COMMISSIONERS Z�G�y. 9N�a+r�cyogx CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROL CALL INDEX Use Permit No. 3291 (Public Hearing) - Item No.6 Request to establish a restaurant with on -sale beer and UP3291 wine, and live entertainment on property located in the C -1 District. The proposal also includes a request to Continued waive a portion of the required off - street parking to spaces for the restaurant facility. 10 -22 -87 LOCATION: Lots 1, 2, 3 and 4, Block 9, Tract No. 27, and an abandoned portion on Newport Boulevard, located at 485 North Newport Boulevard, on the westerly side of North Newport Boulevard, between Orange Avenue and Bolsa Avenue, adjacent to Newport Heights. ZONE: C -1 APPLICANT: Sid Soffer, Costa Mesa OWNER: Same as applicant William Laycock, Current Planning Manager, stated that staff recommends that Condition of Approval No. 28 be added to Exhibit "B" as follows: "That the existing outdoor deck shall not be used for dining or drinking purposes unless the Planning Commission approves an amendment to this Use Permit." Mr. Laycock explained that the purpose of Condition No. 28 is that there is an existing deck that may easily be utilized for dining and drinking purposes; however, there are no on -site parking spaces available for that particular area. Mr. Laycock commented that two letters of opposition to the application were received prior to the subject public hearing, one letter from Mr. Ralph J. Irwin, property owners at 486 and 488 North Newport Boulevard, and a letter from Ms. Karen Smith, 3309 Clay Street. Mr. Laycock explained why staff recommended one parking space for each 40 square feet of "net public area ", and he commented that said parking standard is typically used for restaurants without dancing or dance bands. Don Webb, City Engineer, stated that the Public Works Department reviewed the parking lot plan, and staff observed sites on North Newport Boulevard where there is angled parking that back out onto North Newport Boulevard as requested by the applicant. Mr. Webb -15- COMMISSIONERS MINUTES 0 3 F ai September 24, 1987 • y�`y�``�9y CITY OF NEWPORT BEACH ROLL CALL INDEX commented that the Public works Department has not recommended parking that would allow automobiles to back out onto a public street. Mr. Webb recommended that most of the parking spaces shown on the plan should not be permitted because the parking spaces do not meet the standards that staff has tried to establish and adhere to for new developments. The public hearing was opened in connection with this item, and Mr. Sid Soffer, applicant, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. Mr. Soffer stated that he requested staff to inform him how much parking they would allow and he would comply with the occupancy according to staff's recommendation. He commented that he did not request waiver of parking. Mr. Soffer further stated that his intent is to have a reservation only, high -class restaurant. He indicated that he would agree to an occupancy load of 24 people. and 8 parking spaces. In reference to the automobiles backing out of the parking lot onto North Newport Boulevard, he questioned how a retail use could be any • less safe than a restaurant use. He explained that he has 25 feet from his property line to North Newport Boulevard whereby the restaurant customers would be able to turn their automobiles around within the 25 feet before they would be in the line of traffic. In response to a letter of opposition that was included in the staff report from Mr. W. A. Couch, 3232 Broad . Street, and his reference to a "honky tonk" restaurant;_ Mr. Soffer reported that a building contractor has estimated that approximately $60,000.00 would be required to upgrade the building which he maintained is one of the oldest buildings in the City. He said that he would contact Mr. Couch regarding his concerns. In reference to the traffic on North Newport Boulevard, Mr. Soffer reported that no accidents were indicated on. the map in the Traffic Engineer's Office from the subject site to Hospital Road. In reference to a finding regarding a detriment to the area by Mr. Soffer's statements regarding Finding No. 3 in Exhibit "A" and Finding No. 6 in Exhibit "B ", Chairman Person explained that the Planning Commission will be making findings based on facts brought before them during the public hearing, and that the Planning Commission would • be using their discretion as vested within the Planning Commission. Mr. Soffer commented that a Condition of Approval that would become detrimental would give the Planning Commission the authority to call up the use permit. -16- COMMISSIONERS 0 �G 9N �9 q v yx Jai 9y o� ff $o qy CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROL CALL INDEX Discussion followed between Chairman Person,. Mr. Soffer, and staff regarding the compromise that the applicant said that he would be willing to make which would be to reduce the "net public area" so as to comply with the number of parking spaces recommended by staff. In response to a question posed by Commissioner Debay, Mr. Soffer replied that he had rented the subject site to a tenant who did not maintain the property; however, he alleged that after he upgrades the building, it will conform with the surrounding area. Mr. Soffer pointed out that the storage building which has been rented out will no longer be occupied and will only be used for the applicant's storage. In response to a question posed by Commissioner Pomeroy, Mr. Soffer explained that he had previously contacted staff regarding the parking compromises he would make to enable him to open a restaurant on -site. In response to a question posed by Chairman Person regarding waiver of parking, Mr. Laycock explained that after Mr. Soffer submitted the floor plan, staff calculated the "net public area" and the required number of parking spaces. He commented that Mr. Soffer did not transmit a letter to staff stating that the restaurant could be reduced to an occupancy of 24 people. In response to a question posed by Commissioner Di Sano regarding opposition to the restaurant, Mr. Soffer, replied that he was only aware of the letter from Mr. Couch until the opening of the public hearing. Mr. Soffer responded to his adjacent neighbor's concern regarding restaurant parking in front of his antique store. He said that he would voluntarily not open for lunch; however, he would request that the restaurant open at 5:00 p.m. instead of 6:00 p.m. as recommended by staff. Mr. Soffer stated that the antique store would be closed during the restaurant hours; however, if a restaurant customer would park in front of the antique store he would be asked to remove his automobile from the site. Mr. Roger Schwank, 477 North Newport Boulevard, the proprietor of the aforementioned antique store, • appeared before the Planning Commission. Mr. Schwank. stated his concerns regarding the equipment that would -17- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September 24, 1987 M ROLr_CALL 1 I I I I I I I I INDEX ■ • • be stored in the storage building, and the availability of the parking for the massage parlor and the restaurant. In reference to Mr. Couch's aforementioned letter, Mr. Schwank opposed the suggestion that the old building be torn down, and he commented that he supported Mr. Soffer's remarks regarding up- grading the building. Ms. June Johnson, property owner of 475 North Newport Boulevard, appeared before the Planning Commission. Ms. Johnson stated that one of her objections to the restaurant is that she owns a large parking area adjacent to the subject property and that she opposed the restaurant's customers using her parking lot day or night. She said that she would have a fence built across the parking lot if the use permit would be approved so as to control the parking lot. Ms. Johnson commented that she supports the use of the buildings in the area for professional office purposes. Chairman Person pointed out that the applicant has suggested that he would bring the restaurant up to the required, parking standards. He explained that the Planning Commission has to make a finding that the restaurant would not be suitable for the area because it is detrimental to the area, and if the applicant brings the restaurant up to parking standards, then the Planning Commission may not be able to make a finding to deny. Chairman Person further explained that a restaurant on the subject site may sell beer, wine, and have live entertainment if this use permit is approved' as requested by the applicant. Mr. William Guidero, 513 Bolsa Avenue, appeared before the Planning Commission in opposition to the use permit because the restaurant is proposed to be open until 2:00 a.m., the parking is not adequate, and because the' bar could create over - crowding conditions. Chairman Person replied that there would not be a bar within the. restaurant, and that there would not be amplified music. Mrs. Lois Irwin, 449 North Newport Boulevard, appeared before the Planning Commission in opposition to the restaurant. Mrs. Irwin explained that Mr. Soffer owns property that could be developed into an area that would provide more than adequate parking, that she fully supports up- grading the area, and she stated her concerns regarding adequate parking for the restaurant. -18- COMMISSIONERS CALL 0 • MINUTES September 24, 1987 CITY OF NEWPORT BEACH Mr. Ross McElfresh, 514 Bolsa Avenue, appeared before the Planning Commission opposed to the subject use permit because of inadequate parking, traffic congestion, drinking and entertainment. He stated that he would support the up- grading of the building; however, he would prefer that the area remain a quiet, residential neighborhood. Mr. Carl Carver, 3239 Broad Street, appeared before the Planning Commission to state his concerns regarding keeping the neighborhood quiet and adequate parking for the area. Mr. Sid Soffer reappeared before the Planning Commission. In rebuttal to the aforementioned testimony by the adjacent neighbors, Mr. Soffer addressed the following concerns: the storage building will be used solely for restaurant equipment and will not be occupied by a tenant; he described property surrounding the subject building that could be used for parking spaces; however he said that the sites were not approved by the Public Works Department; the entertainment that he is proposing is for a single entertainer with no amplifier; if reservations are required then the customers would not be permitted to enter the restaurant without reservations; and he is proposing that there will be two sittings each night. In response to a question posed by Commissioner Winburn, Mr. Soffer addressed his concerns regarding the following Conditions of Approval in Exhibit "B" : Condition No. 4 stating "that the restaurant shall be open only between the hours of 6:00 p.m. and 2:00 a.m; daily ", he replied that he is requesting that the restaurant open at 5:00 p.m. Condition No. 11 stating "that no off -sale beer and wine shall be permitted in conjunction with the subject_ restaurant. ", he replied that there is no law that states that he cannot sell off -sale beer and wine if a beer and wine license is granted by the State. He explained that he has a desire to cater out of the restaurant which would necessitate beer and wine to go; however, after Chairman Person informed him that the condition was a policy of the Planning Commission, Mr._ Soffer agreed with the request. Condition No. 14 stating "that all other uses on the subject property shall be closed for business after -19- INDEX COMMISSIONERS �A AIrr 0oo- C�v CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROLL CALL INDEX 6:00 p.m. daily. ", he replied that he is not in a position to advise the tenants of their hours of operation after they have received their Business Licenses. Condition No. 25 stating "that the development standards pertaining to walls, landscaping, utilities, parking lot illumination and a portion of the required parking spaces shall be waived. ", and he replied that he was given a portion of waived parking that he had not requested. Condition No. 23 stating "that curb, gutter, sidewalk and concrete street paving be constructed along the North Newport Boulevard frontage under an encroachment Permit issued by the Public Works Department. Curb alignment shall be determined by the Public Works Department. ", and he replied that he would agree with the curb and gutter request; however, he explained that the request for concrete street paving could not be enforced. Mr. Webb explained that the City's intent is that the asphalt paving be replaced with concrete paving. Mr. Soffer rebutted that a Use Permit may only address the concerns relating to a Use Permit. Condition No. 24 stating "that street, drainage and utility improvements be shown on standard improvements plans prepared by a licensed civil engineer. ", and he replied that Condition No. 25 conflicts with the utility requirement, and he asked for a clarification. Condition No. 22 conflicts with Condition No. 25 regarding landscape; however, he stated that he does not disagree with landscape improvements. Condition No. 20 stating "that a standard use permit agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public . improvements, if it is desired to obtain a building permit prior to completion of the public improvements. ", and he attempted to clarify the condition by stating that the restaurant could not be opened until the curbs and gutters are improved. Condition No. 18 stating "that a parcel map be processed and recorded prior to issuance of any building permits. ", and he replied that he did not • understand the condition. -20- COMMISSIONERS om�„d v� 9x - y Z C` `rp CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROL CALL INDEX Commissioner Debay and Mr. Soffer discussed the requested closing hour of 2:00 a.m. and the concerns that the neighbors have regarding the noise emitting from the restaurant. In response to a question posed by Commissioner Di Sano regarding staff's request for public improvements and Mr. Soffer's concerns to upgrade the subject property, Ms. Korade replied that conditions on the project must have a reasonable relationship between the conditions that the Planning Commission imposes and the action requested by the applicant. Ms. Korade stated that the question of "reasonable" is broad and she commented that concrete street paving may not be related to the restaurant use. In response to a question posed by Commissioner Pomeroy, there was a discussion regarding the estimated cost of the concrete paving. In response to questions posed by Commissioner Pomeroy, • Mr. Webb described the areas that the Public Works Department has requested to upgrade the curb, gutter, sidewalk and concrete paving. Mrs. Barbara Whitford, Nicky's Flags, 475 North Newport Boulevard, appeared before the Planning Commission to state her concerns regarding the "deplorable and ' unhealthy" storage building, and the employee parking. Mr. Laycock responded to her concerns and stated that all of the employees will be required to park on -site. Chairman Person addressed the additional information that developed during the public hearing, and he suggested that the Planning Commission continue the . public hearing. Commissioner Winburn supported Chairman Person's recommendation. She pointed out that the restaurant use has changed to a high -class restaurant that would include catering which may demand a different parking' and restaurant seating plan; that she could not approve a project that staff recommended for denial because of the lack of parking until she had a better idea of.what the parking requirements would be; and she suggested that the applicant and staff review the project. • Commissioner Pomeroy stated that he could not make a decision because he does not have an appropriate set of -21- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROLL CALL INDEX plans. He pointed out that the main objection of the residents to the restaurant centered around parking. He stated that he also had the impression that no one wants a restaurant regardless of the parking conditions; however, he commented that a restaurant is a permitted use in the area. Commissioner Di Sano stated that he would support a continuance to the use permit and he recommended that the applicant meet with the neighbors who have stated their opposition to the restaurant. Chairman Person suggested that the applicant revise the restaurant plans indicating the square footage that would be acceptable to him, and a parking layout that would be permissable by staff. Discussion followed between Commissioner Merrill and Mr. Soffer regarding the number of employees that would be staffed. • Chairman Person requested that the applicant discuss conditions as proposed by staff with staff, including the City Attorney's office for clarification, and *that Mr. Soffer meet with the residents that have stated their opposition to the restaurant. Motion was made to Motion x continue Use Permit No. 3291 to the October 22, 1987, Ayes x x x x x x Planning Commission meeting. Motion voted on, MOTION - Absent x CARRIED. - t x x The Planning Commission recessed for five minutes. i -22- COMMISSIONERS MINUTES �•GM September 24, 1987 c^ t^ o G �►'� 9, "O�9y 9% . CITY OF NEWPORT BEACH ROL CALL INDEX Use Permit No. 3292 (Public Hearing) Item No.7 Request to establish a restaurant with on -sale beer and UP3292 wine on property located in Fashion Island in the C -O -H District. Approved LOCATION: Parcel 8, Parcel Map 86 -399 (Resub- division No. 836), located at 1151 Newport Center Drive, on the north- easterly side of Newport Center Drive, southerly of Santa Barbara Drive, in Fashion Island. ZONE: C -O -H APPLICANT: California Pizza Kitchen, Beverly Hills OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Mr. Douglas Middleton, applicant, appeared • before the Planning Commission Mr. Middleton stated that he concurs with the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner. Merrill, Mr. Middleton described the location of the restaurant which will be on the upper mall level of the new construction between Bullock's Wilshire and Buffum's, and over the service deck area. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3292, subject Ayes x x x x x x to the findings and conditions in Exhibit "A ". Motion Absent x voted on, MOTION CARRIED. FINDINGS 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. • 3. That adequate parking exists to serve the project. -23- COMMISSIONERS G NO 9i i^ Z 9X. CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROL CALL INDEX 4. That the waiver of the development standards as they pertain to walls, landscaping, and parking lot illumination will not be detrimental to adjoining properties. 6. The approval of Use Permit No. 3292, under the circumstances of this case, will not 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 floor plan. 2. That one parking space shall be provided for each 40 sq.ft. of "net public area" in the proposed • restaurant facility. 3. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 4. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 5. That all trash areas and mechanical equipment shall be screened from view. 6. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 7. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 8. That no live entertainment or dancing shall be permitted unless an amendment to this use.permit • is approved by the Planning Commission. -24- COMMISSIONERS MINUTES September 24, 1987 \\\\\y CITY OF NEWPORT BEACH CALL I I I I I I I I I INDEX 9. That the development standards pertaining to walls, landscaping, and parking lot illumination shall be waived. 10. 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. 11. 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. M-01 C. Amendment No. 632 (public Hearing) Request to establish Planned Community District Regulations and adopt a Planned Community 'Deve lopment Plan for Fashion Island. The proposal also includes a request to amend portions of Districting Maps No. 48.. and 49, so as to reclassify said property from the • C -O -H District to the Planned Community District; AND -25- A. General Plan Amendment 87 -1 (C) (Public Hearing) • Item No.8 Request to amend the Land Use Element of the Newport GPA87 -1(C) Beach General Plan so as to allow an additional 69,500 GP Consist. sq.ft. of commercial development in Fashion Island, and the acceptance of an environmental document; Determina- tion A632 AND A653 B. General Plan Consistency Determination (Discussion) TS Determination of Consistency with the provisions of Continued the General Plan so as to allow the transfer of 1350 to , 10 -8 -87 committed theater seats from Civic Plaza and 350 committed theater seats from Block 300 to Fashion Island; M-01 C. Amendment No. 632 (public Hearing) Request to establish Planned Community District Regulations and adopt a Planned Community 'Deve lopment Plan for Fashion Island. The proposal also includes a request to amend portions of Districting Maps No. 48.. and 49, so as to reclassify said property from the • C -O -H District to the Planned Community District; AND -25- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROL CALL INDEX D. Amendment No. 653 (Public Hearing) Request to amend the Planned Community Development Standards of the Civic Plaza Planned Community so as to delete the 20,000 sq.ft. of existing allowable theater development; AND E. Traffic Study (Public Hearing) Request to approve a traffic study so as to allow construction of 69,500 sq.ft. of commercial development in Fashion Island. LOCATION: Tract No. 6015, located within the ring created by Newport Center Drive in Newport Center (Fashion Island); and Parcel Maps 81/8, 81/9 and 175/22 -24, located southeasterly of Jamboree Road and San Joaquin Hills Road (Civic • Plaza). ZONES: P -C (Planned Community) and C -O -H PROPONENT: The Irvine Company, Newport Beach INITIATED BY: The City of Newport Beach William Laycock, Current Planning Manager, stated that staff has recommended that this item be continued to the October 8, 1987, Planning Commission Meeting. Motion N Motion was made to continue General Plan Amendment' Ayes N x x x x x 87 -1(C), General Plan Consistency Determination, Absent x Amendment No. 632, Amendment No. 653, and Traffic Study to the October 8, 1987, Planning Commission meeting. Motion voted on, MOTION CARRIED. • -26- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September 24, 1987 ROL CALL INDEX D I S C U S S I O N I T E M S Discussion Items Environmental Impact Report No. 136 for the Hoag Hospital Cancer Center EIR No.136 Discussion of referral of the Hoag Hospital Cancer Center EIR to the Environmental Quality Affairs Commit - tee. INITIATED BY: The City of Newport Beach Motion x Motion was made to refer the Environmental Impact Ayes x x x K x x Report to the Environmental Quality Affairs Committee. Absent x Motion voted on, MOTION CARRIED. • k x . Joint City Council /Planning Commission Meeting - 2:00 Joint CC/ PC Meeting p.m. - September 28, 1987 Discussion of draft agenda. The Planning Commission approved the agenda as prepared by staff. A D J O U R N M E N T: 10:10 P.M. Adjournment JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -27-