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HomeMy WebLinkAbout10/06/1983COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers x TIME: 7:30 p.m. v m DATE: October 6, 1983 0' m o City of Newport Beach ROLL CALL f I M I I INDEX XIXIX1 4 4 Commissioner winburn was absent. 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 Nancy M. Alvidrez, Secretary * * • Request to expand the existing Shanghai Pine Garden Item #1 restaurant facility with on -sale beer and wine in the C -1 District, and to waive all of the required off- street parking spaces. LOCATION: Lot No. 1, Block 14, Balboa.Island, located at 300 Marine Avenue, on the northeasterly corner of Marine Avenue and Balboa Avenue, on Balboa Island. ZONE: C -1 APPLICANT: Cheong Kwong Lam, Balboa Island OWNER: Same as applicant REMOVED_ FROM CALENDAR Staff advised the Commission that the applicant has requested that this item be removed from the calendar. Motion Motion was made to. remove Use Permit No. 3052 from the All Ayes * X X X calendar, which MOTION CARRIED. * * * -1- COMMISSIONERS MINUTES October 6,1983 c � m � m m p. City of Newport Beach ROLL CALL IINDEX . Clabaugh stated that it appears to be the objective of certain persons to close down this business. He stated that the applicant acquired the business under mistaken information, therefore, certain problems have developed. Mr. Clabaugh referred to the October 6, 1983 staff report, Revised Exhibit "B ", Condition of Approval No. 2, relating to the three month approval period and review, and expressed his concern that if the applicant is to invest the monies needed to meet the imposed conditions, what assurances does the applicant have that the use can continue. He stated that the applicant is agreeable to a three month review of the operation, if he can be assured that his investment can be amortized. Mr. Clabaugh referred to Condition No. 9, relating to the rear access door, and stated that the residents of the area utilize the rear access door. He stated that restricting the rear access door for emergency exit purposes only, is not acceptable. Mr. Clabaugh referred to Condition No. 10, relating to the trash compactor, and stated that the applicant is prepared to provide this compactor, if his facility • is permitted to retain the refrigerator area, located at the rear of the building. -2- Request to re- establish a restaurant with on -sale Item #2 alcoholic beverages known as "Novak's Place" on property located in the C -1 District. LOCATION: Lot 2, Block 0 of Tract No. 323, located at 2920 East Coast Highway, on the easterly side of East Coast Highway, between Heliotrope Avenue and Iris USE PERMIT Avenue, in Corona del Mar. No. 3058 ZONE: C -1 APPLICANT: Robert F. Novak, Corona del Mar . OWNER: Mary King, Dana Point APPROVED The public hearing opened in connection with this item FOR THREE MONTHS and Mr. E. E. Clabaugh, attorney, representing the applicant, appeared before the Commission. Mr. . Clabaugh stated that it appears to be the objective of certain persons to close down this business. He stated that the applicant acquired the business under mistaken information, therefore, certain problems have developed. Mr. Clabaugh referred to the October 6, 1983 staff report, Revised Exhibit "B ", Condition of Approval No. 2, relating to the three month approval period and review, and expressed his concern that if the applicant is to invest the monies needed to meet the imposed conditions, what assurances does the applicant have that the use can continue. He stated that the applicant is agreeable to a three month review of the operation, if he can be assured that his investment can be amortized. Mr. Clabaugh referred to Condition No. 9, relating to the rear access door, and stated that the residents of the area utilize the rear access door. He stated that restricting the rear access door for emergency exit purposes only, is not acceptable. Mr. Clabaugh referred to Condition No. 10, relating to the trash compactor, and stated that the applicant is prepared to provide this compactor, if his facility • is permitted to retain the refrigerator area, located at the rear of the building. -2- MINUTES October 6,1983 . n x e v m m w. City of Newport Beach 0 ROLL CALL I III Jill I I INDEX Mr. Clabaugh referred to Condition No. 11, relating to the off - street parking spaces, and stated that this condition can not be accomplished in a three month period, if at all. He stated that if this condition were to be imposed, the applicant would be out of business. He stated that the neighbors oppose the street parking ,because they themselves park on the streets because their garages are full of items,, other than automobiles. Mr. Clabaugh referred to Condition No. 16, relating to the sound attenuation of the mechanical equipment, and stated that East Coast Highway has a decibel rating of 72 to 76 dBA. He stated that there is no possible way that the applicant can sound attenuation his equipment to 55 dBA, if the highway generates more decibels. Mr. Clabaugh referred to Condition No. 17, relating to • the hours of operation, and stated that this is unacceptable. He stated that 9:00 a.m, to 12:00 midnight, Sunday through Thursday.and 9:00 a.m. to 1:00 a.m. on Friday and Saturday would be acceptable. r1 U Mr. Clabaugh referred to Condition No. 19, relating to the addition or modification of conditions of approval, and stated that he assumes this would be subject to a public hearing. Mr. Clabaugh stated that the applicant is desirous of maintaining his business and attempt to reconcile his commercial use with the adjacent commercial uses, which includes the adjacent multiple - residential uses which are considered businesses because they are making a profit. He stated that a restaurant use has long been established at this site. Commissioner Balalis referred to Condition No. 2, relating to the three month approval and review, and . stated that the Commission would review the item to ensure that the conditions of approval have been met. He stated that the Commission has the authority to call up any discretionary permit if any of the conditions of approval have been violated: -3- October 6, 1953 7. r S v � m m m w. City of Newport Beach In response to a question posed by Commissioner Goff, Mr. Clabaugh stated that the applicant, Mr. Novak, has reviewed and understands the Conditions of Approval contained in Revised Exhibit "B" of the staff report. Mr. Richard Nichols, resident of 519 Iris Avenue, appeared before the Commission. Mr. Nichols referred to Condition No. 1, and stated that the proposed plan does not conform with any plot plans which have been previously approved for the site. He stated that the previously approved plot plans do not include the bar area or the back room. He stated that approval of Condition No. 1 allows for a 50 percent increase for the size of the facility and changes the restaurant use to a bar. Mr. Nichols referred to Condition No. ll,.relating to the parking requirement, and stated that parking for • the facility is an absolute necessity. He referred to Condition No. 16, and stated that the sound attenuation is for the mechanical equipment, and does not concern the noise generated from East Coast Highway. He referred to Condition No. 17 and stated that the hours of operation should be until 10:00 p.m. during the weekdays, and until 12:00 midnight on the weekends. He also stated that the electronic games should be removed from the use. In response to a question posed by Commissioner Kurlander, Mr. Nichols stated that an opening time of 7 :00 a.m. or 9:00 a.m. is acceptable, but that the use should close at 10:00 p.m. during the weekdays and close at 12:00 midnight on the weekends. In response to a question posed by Commissioner Balalis, Mr. Nichols stated that the original plot plan from 1961 has never been updated for this location. Mr. Nichols stated that in 1964 the back storage room was added and turned into a bar area. He stated that a front bar area was also added without a use permit approval. He stated that the parking which was originally approved for this use did not consider the bar usage which was subsequently added. MINUTES INDEX COMMISSIONERS October 6, 1983 of Newport Beach MINUTES 0 ROLL CALL I III III I I INDEX • • In response to a question posed by Commissioner Person, Mr. William Laycock, Current Planning Administrator, stated that in 1975 a use permit became required for restaurant uses located within the City. Mr. Laycock added that since 1959, if a restaurant use had live entertainment or served alcoholic beverages within 200 feet of a residential district, a use permit was required. Commissioner Person expressed his concern with the non - conforming aspects of the use for the last several years relating to the size of the building. Planning Director Hewicker stated that the Planning Department records contain a plan from November 25, 1970, which generally shows the same amount of square footage which is on the proposed plan including the back bar area, with the exception of the cold storage area which has been added. He stated that the Building Department records indicate that a building permit was finalized in 1971 which allowed the addition of a bar area and back door. Planning Director Hewicker referred to the previous staff report prepared on this item and stated that staff has attempted to reconstruct the sequence of events at this location. Mr. Robert Gabriele, Assistant City Attorney, presented an oral report on behalf of the Police Department. He stated that noise complaints, health code violations and the service of alcohol to minors have been major problems at this business. He stated that there are many letters in the file from persons citing noise complaints from this location. He stated that the County Health Department has cited health code violations at the business, however, the Police Department is not in a position to express an opinion as to if the violations have been corrected. He stated that.on two occasions the Police Department had to take action against the business for the service of alcohol to minors. Mr. Gabriele stated that on another occasion, an individual was .arrested and convicted for public intoxication on the premises. He stated that State law mandates that no operation which offers the sale of alcohol, is to permit a noticeably intoxicated person to further consume alcohol. -5- e r m � � c w c M s n z m Q m 0 October 6, 1983 of Newport Beach MINUTES 0 ROLL CALL I III III I I INDEX • • In response to a question posed by Commissioner Person, Mr. William Laycock, Current Planning Administrator, stated that in 1975 a use permit became required for restaurant uses located within the City. Mr. Laycock added that since 1959, if a restaurant use had live entertainment or served alcoholic beverages within 200 feet of a residential district, a use permit was required. Commissioner Person expressed his concern with the non - conforming aspects of the use for the last several years relating to the size of the building. Planning Director Hewicker stated that the Planning Department records contain a plan from November 25, 1970, which generally shows the same amount of square footage which is on the proposed plan including the back bar area, with the exception of the cold storage area which has been added. He stated that the Building Department records indicate that a building permit was finalized in 1971 which allowed the addition of a bar area and back door. Planning Director Hewicker referred to the previous staff report prepared on this item and stated that staff has attempted to reconstruct the sequence of events at this location. Mr. Robert Gabriele, Assistant City Attorney, presented an oral report on behalf of the Police Department. He stated that noise complaints, health code violations and the service of alcohol to minors have been major problems at this business. He stated that there are many letters in the file from persons citing noise complaints from this location. He stated that the County Health Department has cited health code violations at the business, however, the Police Department is not in a position to express an opinion as to if the violations have been corrected. He stated that.on two occasions the Police Department had to take action against the business for the service of alcohol to minors. Mr. Gabriele stated that on another occasion, an individual was .arrested and convicted for public intoxication on the premises. He stated that State law mandates that no operation which offers the sale of alcohol, is to permit a noticeably intoxicated person to further consume alcohol. -5- October 6, 1983 A 9 m m w. City of Newport Beach Mr. Gabriele stated that the Police Department feels that because of the unusual configuration of the restaurant and bar area, and the lighting of the facility, it is difficult for the bartender to monitor the areas in which the patrons are drinking and /or eating. Mr. Gabriele stated that the Police Department has taken the position that wherever there are continuing, serious problems, the problems need to be addressed and corrected, or the operation itself needs to be shut down. In response to a question posed by Commissioner Person, Mr. Gabriele stated that the problems cited above all occurred in 1982. In response to a question posed by Chairman King, • Planning Director Hewicker stated that the applicant has applied for the video game license, which has not been acted upon. He stated that the City's License Supervisor is waiting for the action of the Planning Commission. Commissioner Goff asked when the Alcoholic Beverage Control Board (ABC) steps in and takes action against a business with violations. Mr. Gabriele stated that he is not aware of any specific actions which the ABC has taken against the business in question. He stated that depending upon the timeframe in which the violations occur, the ABC utilizes a graduated disciplinary process, such as the ABC can fine a business for the first offense, impose a higher fine for the second offense and possibly suspend the license for a third offense. In response to a question posed by Commissioner Goff, Mr. Gabriele stated that the use does not contain a specifically identifiable bar area because the restaurant area accommodates both the bar and eating area. He stated.that minors are allowed access to all areas of the use, because food is served in all areas 0 11111111 of the facility. MINUTES INDEX COMMISSIONERS October 6, 1983 of Newport Beach Commissioner Kurlander asked what uses could be applied to the restaurant, in the event that the request is denied. Planning Director Hewicker stated that the restaurant operation could continue, with no beer, wine or alcohol to be served. Mr. Clabaugh referred to the issue relating to the minors being served alcohol and stated that the minors were girls and that their companions had purchased the drinks for them. Therefore, he stated that the business did not receive a violation from the ABC. Mr. Clabaugh stated that the applicant submitted his application for the video game operation on March 8, 1983. He stated that it is now October of 1983 and no action has been taken on the application. • Commissioner Balalis stated that the use permit issued in 1969 for this establishment did not include the 250 ± sq. ft. addition. He stated that an amendment to the use permit is required before the addition can be put into operation. He stated that an amendment to the use permit is also required if the operational characteristics of the use are changed. Mr. Clabaugh concurred. Commissioner Balalis stated that when the use changes, conditions can be added which are more in compliance with the current use than the previous use. Mr. Clabaugh disagreed and stated that when an applicant purchases a piece of property it is difficult to determine the conditions which have been placed on the use. Commissioner Balalis stated that a potential buyer should ask questions of the seller and contact the appropriate City departments to determine the legal uses of the property. He further stated that if the applicant desires to make changes to an operation, the applicant should inform the City of the proposed changes. 0 11111111 -7- MINUTES INDEX � x � r v m m October 6, 1983 of Newport Beach Commissioner Kurlander asked what uses could be applied to the restaurant, in the event that the request is denied. Planning Director Hewicker stated that the restaurant operation could continue, with no beer, wine or alcohol to be served. Mr. Clabaugh referred to the issue relating to the minors being served alcohol and stated that the minors were girls and that their companions had purchased the drinks for them. Therefore, he stated that the business did not receive a violation from the ABC. Mr. Clabaugh stated that the applicant submitted his application for the video game operation on March 8, 1983. He stated that it is now October of 1983 and no action has been taken on the application. • Commissioner Balalis stated that the use permit issued in 1969 for this establishment did not include the 250 ± sq. ft. addition. He stated that an amendment to the use permit is required before the addition can be put into operation. He stated that an amendment to the use permit is also required if the operational characteristics of the use are changed. Mr. Clabaugh concurred. Commissioner Balalis stated that when the use changes, conditions can be added which are more in compliance with the current use than the previous use. Mr. Clabaugh disagreed and stated that when an applicant purchases a piece of property it is difficult to determine the conditions which have been placed on the use. Commissioner Balalis stated that a potential buyer should ask questions of the seller and contact the appropriate City departments to determine the legal uses of the property. He further stated that if the applicant desires to make changes to an operation, the applicant should inform the City of the proposed changes. 0 11111111 -7- MINUTES INDEX October 6, 1983 MINUTES � x C v m 0 a m o w. City of Newport Beach INDEX Mr. Clabaugh referred to a letter dated May 17, 1982, from the City of Newport Beach to Mr. Novak, the applicant, in which it states the conditions of approval which were imposed by the Planning Commission in 1970 and further states that the use would expire on June 2, 1982, which would be subject to review by the Modifications Committee. However, he stated that the applicant received a letter from the City Attorney dated August 1, 1983, which states that the use permit expired in 1977. In response to a question posed by Commissioner Balalis, Mr. Clabaugh stated that the applicant purchased the property 28 months ago. Mr. Clabaugh stated that he is not sure as to whether the applicant was aware of the conditions of approval which existed on the use permit at the time the applicant started the business. • Mr. Nichols stated that the applicant was aware that the use permit would expire on June 2; 1982, yet the applicant knowingly continued to serve alcoholic beverages past midnight. In response to a question posed by Commissioner Person, Mr. Nichols stated that the plot plan which shows the addition was submitted after the November 19, 1970, Planning Commission approval of the amended use permit. Said plot plan contains a date of November 25, 1970. Planning Director Hewicker stated that the plot plan was located in the Building Department files and was most likely submitted prior to the Planning Commission hearing. Mr. Nichols stated that the change to the use permit in 1970 was for the approval of on -sale liquor in conjunction with the restaurant use. In response to a question posed by Commissioner Person, Planning Director Hewicker stated that the 1970 plot plan and the proposed plot plan are similar, with the exception of the cold storage area. Commissioner Goff referred to Condition of Approval No. 13, relating to the service of alcoholic beverages • being incidental to the food service operation, and asked for clarification on the condition. M MINUTES October 6, 1983 X v m m City of Newport Beach INDEX Mr. Gabriele stated that the following criteria may be utilized in determining that the service of alcoholic beverages is incidental to the food service: the overall gross receipts on food versus alcohol; the number of customers consuming food versus alcohol; and, the square footage of the bar area versus the square footage of the eating areas. Commissioner Goff pointed out that if food is no longer served after 9:30 p:m., then essentially, the eating area then becomes a drinking area for the patrons of the bar. He stated that there needs to be a way in which to monitor that the primary use of the business is for the service of food, rather than for the service of alcohol. Planning Director Hewicker stated that Condition No. 13 is a difficult condition to monitor and enforce. • Commissioner Person stated that it is common for a restaurant operation to discontinue their food service at 9:00 or 10:00 p.m. and continue the service of alcoholic beverages for the remainder of the evening. Planning Director Hewicker referred to Condition No. 16 and stated that the Zoning Code provides that the operation of the mechanical equipment shall not result in any increase in noise levels over the ambient level, in this instance meaning East Coast Highway. Chairman King referred to Condition No. 2 and stated that the three month approval and review is to ensure that the conditions imposed on the use will be complied with. He referred to Condition No. 10 and stated that the trash compactor is necessary to control the debris. He referred to Condition No. 19 and stated that in the event the operation were to become detrimental to the community, a public hearing would be necessary. Commissioner Goff referred to Condition No. 9, relating to the rear access door, and stated that the patrons of the use have been utilizing the rear access door, thereby disturbing the adjacent residents of the area. He stated that the rear access should be closed and . only utilized for emergency exit purposes. October 6, 1983 � m m A. City of Newport Beach Motion X Motion was made for approval of Use Permit No. 3058, subject to the findings and conditions contained in Exhibit "B ", with the following additional conditions: that the restaurant shall be inspected by the Health. Department and any existing violations of the Health Code be appropriately addressed; and, that the existing video games shall be licensed or removed if the licensing can not be obtained. In response to a question posed by Chairman King, Mr. Gabriele stated that the Health Department already has jurisdiction over the use. He stated that such a condition can be imposed on the applicant if the Commission feels that a Health Department determination is necessary. Commissioner Goff stated that when he had visited the • use, portions of the restroom facility were inoperable. Mr. Gabriele suggested that perhaps a City inspector could inspect the premises for. any violations. He stated that the City inspector could then refer any violations to the Health Department for their action. He further suggested that any Code violations should be complied within a reasonable period of time from the date of notice. Planning Director Hewicker suggested that a condition be imposed which would require that the applicant shall request a special inspection by the City's Building Department and all corrections which are required by the inspection shall be complied within a reasonable period of time from the date of notice. Commissioner Amended X Goff.amended his motion to include the wording. stated by Planning Director Hewicker. • Commissioner Goff "stated that including the issue . relating to the video games as a condition will help to ensure that it is complied with. Mr. Gabriele concurred and stated that imposing such a condition will ensure that the Commission retains jurisdiction over the video game issue to ensure compliance. -10- MINUTES INDEX MMISSIONERS October 6,. 1983 X i v m m A. City of Newport Beach Commissioner Balalis referred to Condition No. 19 and suggested that the wording, "or recommend to the City Council the revocation of this use permit" be added to the condition. Mr. Gabriele stated that under the Municipal Code, the Planning Commission has the authority to recommend the revocation of a use permit to the City Council. He stated that the addition of such wording would be creating an additional authority to automatically warrant a reconsideration of the operational characteristics. Mr. Gabriele suggested that the condition could also refer to the specific section of the Municipal Code which states the revocation.procedure. Commissioner Balalis stated that by utilizing the above • language, an applicant, or a potential buyer of a business, is made aware of the options which the Planning Commission may consider. Planning Director Hewicker suggested that a finding be added which would state that if the applicant does not comply with the conditions which have been attached to the use permit, the use will be subject to the revocation proceedings as outlined in the specific section of the Municipal Code. Commissioner Balalis suggested additional wording to include, that if the, applicant violates the conditions of the use permit, the use may not be allowed to operate. He stated that in this way, an applicant will understand the consequences of not complying with the conditions of approval. Chairman King concurred. Commissioner Balalis further suggested that an additional finding be added as follows, "That this . restaurant was in violation of Condition No. 3 of the original use permit. The use of the property shall be conducted in a manner compatible with the adjacent residential district. Therefore, the following conditions of approval are included in this use • permit." -11- MINUTES INDEX October 6, 1983 � m m City of Newport Beach In response to a question posed by Commissioner Balalis, Mr. Gabriele referred to Condition No. 14, which states that the subject restaurant shall be operated in a manner compatible with the adjacent residential district, and stated that there will be conflicts when a commercial activity is located adjacent to a residential district. Mr. Gabriele stated that the additional finding suggested by Commissioner Balalis would be appropriate. Commissioner Goff referred to Condition No. 8 and Condition No. .12 and suggested that these conditions be combined in that they each relate to parking. He suggested the following wording, "That a parking plan shall be established for the rear parking area and approved by the City Engineer. Said plan shall include consideration of developing a common parking design between his property and the adjoining commercial property located to the north so as to maximize the • number of available off - street parking spaces." Commissioner Goff referred to Condition No. 17 and suggested that the hours of operation be allowed from 9:00 a.m. to 12:00 midnight, daily. • In response to a question posed by Commissioner Person, Commissioner Goff referred to Condition No. 11 and stated that the condition should remain as worded, and when the Commission reviews the use permit in three months, the Commission can then determine if the applicant has sufficiently obtained the off -site parking spaces. Commissioner Balalis expressed his concern that if the applicant is not able to obtain the additional off -site parking spaces within the three month period, then Condition No. 17, relating to the hours of operation, should be amended to a closing time of 11:00 p.m. He stated that in this way, the patrons of the restaurant which park their vehicles on the street, will not create. an additional hardship on the surrounding residential area. However, he stated that if the applicant is able to obtain the off -site, off - street parking, then a closing time of 12:00 midnight would be reasonable. -12- MINUTES INDEX October 6, 1983 � r ° v � m 01 m o A. City of Newport Beach Commissioner Goff stated that the three month review period will give the Planning Commission ample time to make a determination as to whether the applicant has made a reasonable attempt to provide the off -site parking. Commissioner Person expressed his concern that if the applicant has not obtained the off -site parking.within the 21 day appeal period, the applicant will be in violation of the use permit. Chairman King stated that the applicant will have to prove that he has made an attempt to obtain the off -site parking and suggested that the applicant have 90 days to obtain the off -site parking. Commissioner Goff concurred with Commissioner Person and Chairman King and suggested that Condition No. 11 include the wording, "within 90 days ". He stated that in this way, the applicant will not be in violation of • the use permit during the three month review period. Commissioner Person referred to .Condition No. 9 and stated that the rear access door should be utilized for emergency exit purposes only. He stated that the patrons should utilize the entrance on East Coast Highway, rather than the back door. He stated that the majority of the problems to the surrounding residential area, stems from the patrons utilizing the back door: Amended Commissioner Goff amended his original motion for Motion x approval of Use Permit No. 3058, as follows: additional findings as suggested by Commissioner Balalis; Condition No. 8 and 12 be combined as Ayes X X X X suggested by Commissioner Goff; Condition No. 11 to Noes X X include the wording, "within 90 days "; Condition No. 16 Absent * to include the provision for the ambient noise level; Condition No. 17 to revise the hours of operation from 9:00 a.m, to 12:00 midnight,.daily; Condition No. 19 to include the wording, "or recommend to the City Council the revocation of this use permit "; an additional condition relating to the special inspection by the City's Building Department; and, the additional condition relating to the video games. Amended Motion was now voted on as follows, which AMENDED MOTION CARRIED: r U -13- MINUTES INDEX October 6, 1983 loll FINDINGS: MINUTES Beach INDEX 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 environmental impact. 3. The approval of Use Permit No. 3058 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. 4. That if the applicant does not comply with the conditions which have been attached to the use permit, the use permit will be subject to the revocation proceedings as outlined in Section 20.80.090 of the Municipal Code. If the applicant violates the conditions of the use permit, the use may not be allowed to operate. 5. That this restaurant was in violation of Condition No. 3 of the original use permit. The use of the property shall be conducted in a manner compatible with the adjacent residential district. Therefore, the following conditions of approval are included in this use permit: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as may be noted below. 2. That this approval shall be for a period of three months at which time the Planning Commission shall review the subject application. 3. That all mechanical equipment, outdoor storage and trash areas shall be screened from the alley, • Third Avenue and adjoining properties. -14- � x �o�a�om October 6, 1983 loll FINDINGS: MINUTES Beach INDEX 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 environmental impact. 3. The approval of Use Permit No. 3058 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. 4. That if the applicant does not comply with the conditions which have been attached to the use permit, the use permit will be subject to the revocation proceedings as outlined in Section 20.80.090 of the Municipal Code. If the applicant violates the conditions of the use permit, the use may not be allowed to operate. 5. That this restaurant was in violation of Condition No. 3 of the original use permit. The use of the property shall be conducted in a manner compatible with the adjacent residential district. Therefore, the following conditions of approval are included in this use permit: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as may be noted below. 2. That this approval shall be for a period of three months at which time the Planning Commission shall review the subject application. 3. That all mechanical equipment, outdoor storage and trash areas shall be screened from the alley, • Third Avenue and adjoining properties. -14- COMMISSIONERS MINUTES October 6, 1983 A ir v � w M m 0 w. City of Newport Beach .m ROLL CALL INDEX 4. That kitchen exhaust fans shall be designed to control odors and smoke if required by the Building Department. 5. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains if required by the Building.Department. 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 Director. 7. That the illegally constructed cold storage shed, located at the rear of the building, shall be removed so as to provide adequate space for four . (4) conforming on -site parking spaces. 8. That a. parking plan shall be established for the rear parking area and approved by the City Engineer. Said plan shall include consideration of developing a common parking design between.the subject property and the adjoining commercial property located to the north so as to maximize the number of available off - street parking spaces. 9. That the rear access door to the rear bar and dining area shall be appropriately posted and used for emergency exit purposes only. 10. That a trash compactor shall be installed in conjunction with the proposed use. 11. That the applicant shall obtain a minimum of 21 additional off - street parking spaces in off -site locations within 90 days, to be approved by the Planning Commission and City Council. 12. That the service of alcoholic beverages shall be incidental to the primary food service operation. 13. That the subject restaurant shall be operated in a • manner compatible with the adjacent residential district. -15- October 6, 1983 i x � r � m � W=. City of Newport Beach m 14. There shall be no trash pick -up or delivery of supplies or merchandise before 7:00 a.m. 15. That all mechanical equipment shall be sound attenuated to 55 dBA at the property lines. Should it be determined by an acoustical engineer that the existing ambient noise levels exceed 55 dBA, then the acoustical engineer shall certify that the operation of the mechanical equipment will not result in any increase in noise levels over the ambient level as determined by said acoustical engineer. 16. That the hours of the restaurant operation shall be 9:00 a.m. to 12:00 midnight, daily. 17. That the on -site parking spaces shall be used for employee parking only. • 18. 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 or welfare of the community. {r1 19. That the applicant shall request a special inspection by the City's Building Department and all corrections which are required by the inspection shall be complied within a reasonable period of time from the date of notice. 20. That the existing video games shall be licensed or removed if the licensing can not be obtained. * x -16- MINUTES INDEX October 6, 1983 of Newport Beach Request to revise a previously approved Tentative Map of Tract No. 10814 which permitted the creation of three lots for condominium purposes in conjunction with a 32 -unit residential condominium development in the Big Canyon Planned Community. The proposed revision is to create 21 numbered lots for single family residential purposes; one numbered lot for private recreational purposes; four lettered lots for private open space purposes; and two lettered lots for private street purposes. LOCATION: A portion of Block "55, 56 and 93 of the Irvine's .Subdivision, located on the northerly side of San Joaquin Hills Road between Jamboree Road and MacArthur Boulevard, in the Big Canyon Planned Community. ZONE: P -C • 11111111 OWNER��. Samelaslapplicantyl Newport Beach Staff recommended to the Planning Commission to continue this item to its meeting of October 20, 1983, in order to allow staff additional time to review the subject application. Staff advised the Commission that the applicant has no objections to the continuance. Motion Motion was made to continue this item to the Planning All Ayes * X. X X Commission Meeting of October 20, 1983, which MOTION CARRIED. * * * r1 U There being no additional business, the Planning Commission adjourned at 9:30 p.m. * * * James Person, Secretary City of Newport Beach Planning Commission -17- MINUTES INDEX Item 983 3 x � rm" m m c w m c mo J 6 5 p m October 6, 1983 of Newport Beach Request to revise a previously approved Tentative Map of Tract No. 10814 which permitted the creation of three lots for condominium purposes in conjunction with a 32 -unit residential condominium development in the Big Canyon Planned Community. The proposed revision is to create 21 numbered lots for single family residential purposes; one numbered lot for private recreational purposes; four lettered lots for private open space purposes; and two lettered lots for private street purposes. LOCATION: A portion of Block "55, 56 and 93 of the Irvine's .Subdivision, located on the northerly side of San Joaquin Hills Road between Jamboree Road and MacArthur Boulevard, in the Big Canyon Planned Community. ZONE: P -C • 11111111 OWNER��. Samelaslapplicantyl Newport Beach Staff recommended to the Planning Commission to continue this item to its meeting of October 20, 1983, in order to allow staff additional time to review the subject application. Staff advised the Commission that the applicant has no objections to the continuance. Motion Motion was made to continue this item to the Planning All Ayes * X. X X Commission Meeting of October 20, 1983, which MOTION CARRIED. * * * r1 U There being no additional business, the Planning Commission adjourned at 9:30 p.m. * * * James Person, Secretary City of Newport Beach Planning Commission -17- MINUTES INDEX Item 983